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FIRST DIVISION

NOTICE
Sirs/Mesdames:

Please take notice that the Court, First Division, issued a

Resolution dated March 13, 2019 which reads as follows:

"A.C. No. 7950 (Elizabeth Catolos v. Atty. Teresita Capacillo).

- We resolve this administrative case 1 filed by Elizabeth Catolos
(petitioner) before this Court assailing the dismissal of her complaint
against Atty. Teresita Capacillo (respondent) by the Integrated Bar of
the Philippines (IBP) Board of Governors.

Petitioner was the lessee of Spouses George and Marilyn Lim

(Spouses Lim). Their lease contract covered a property where
petitioner's restaurant was located. However, six months after the
lease contract was executed, Spouses Lim refused to accept
petitioner's tender of payment of rent. This prompted petitioner to file
a civil case for enforcement or rescission of the contract before the
Regional Trial Court of Quezon City. Respondent and her father,
Atty. Alfonso Capacillo, allegedly acted as counsels for Spouses
Lim. 2

On June 3, 2007, petitioner claimed that respondent,

accompanied by two policemen, forcibly ejected her employees from
the leased premises despite the absence of a valid court order.
Additionally, petitioner alleges that respondent, on June 6, 2007, led a
team of men in removing the signage of her restaurant, again without
any court order. 3

These two incidents prompted petitioner to seek the disbarment

of respondent before the IBP. 4

- over - five (5) pages ...

157
I

1
Rollo, pp. 1-18.
2
Id at2.
3
Id. at 2-4.
4
Id. at4.

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RESOLUTION 2 A.C. No. 7950
March 13, 2019

In his report and recommendation5 dated January 18, 2008,

Investigating Commissioner Salvador B. Hababag (Investigating
Commisioner Hababag) recommended that the complaint be
dismissed. According to Investigating Commissioner Hababag, the
lease contract has been validly terminated by Spouses Lim and
petitioner was not able to show how respondent was involved in
drafting or enforcing the lease contract. The IBP Board of Governors
subsequently adopted and approved Investigating Commissioner
Hababag' s report and recommendation. 6

Petitioner then filed this petition before this Court to assail the
IBP' s dismissal of her disbarment complaint. Petitioner argues that in
dismissing the case, the IBP Board of Governors gravely abused its
discretion by anchoring its Decision on the merits of the separate civil
case instead of the propriety of the acts of respondent. 7

After receiving respondent's comment on the petition, We

resolved to refer the case back to the IBP for another investigation,
report, and recommendation. 8

After reinvestigation, Investigating Commissioner Manuel T.

Chan (Investigating Commissioner Chan) found that respondent acted
as counsel for the spouses and recommended that respondent be held
administratively liable for the two incidents in June 2007.
Investigating Commissioner Chan made the following findings:

( 1) Respondent's actuations in going out of her way to help the

Spouses Lim was contrary to her claim that she is not the legal
counsel of the Spouses Lim;

(2) Respondent proffered conflicting claims as to the reason she

was present when petitioner's employees were evicted from the leased
premises; and

(3) Respondent failed to discuss or specifically deny the June 6,

2007 incident in her answer to the original complaint. It was only
three years later in her position paper that she denied the incident
without offering any explanation for such delay.

Investigating Commissioner Chan also considered the affidavits

submitted by the store manager and the assistant store manager of

- over -
157
/
5
Id. at 32-39.
6
Id. at 31.
7
Id. at 8-10.
8
Id. at 174.

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RESOLUTION 3 A.C. No. 7950

March 13, 2019

Chowking, Cubao Branch, which were executed only a few days after
both incidents. According to Investigating Commissioner Chan, there
was no reason why petitioner and her employees would fabricate
charges against respondent when they barely had any interaction with
the latter. 9

Investigating Commissioner Chan then recommended that

respondent be suspended from the practice of law for two years. 10 On
June 5, 2015, the IBP Board of Governors approved and affirmed the
recommendation. 11

We concur with the findings of the IBP except as to the

imposable penalty.

There is substantial evidence to show that, indeed, respondent

acted as counsel for Spouses Lim. Respondent has consistently denied
being the legal counsel for Spouses Lim, and has gone so far as to
state that she "did not and do not participate in the affairs of the
Capacillo Law Office," the firm representing Spouses Lim which is
owned and managed by respondent's father. 12 Records disclose,
however, that all the pleadings submitted by respondent in this case
were prepared by the Capacillo Law Office. Respondent also had
access to all documents, including pleadings and letters, prepared or
filed by the Capacillo Law Office on behalf of Spouses Lim. 13 In
addition, the excerpts 14 issued by the Kamuning Police Station PS-10
in relation to the June 3, 2007 incident show that respondent appeared
before the said police station as legal counsel for George Lim.
Respondent's acts during the June 3, 2007 incident, as narrated in the
affidavits 15 of the store manager and the assistant store manager of
Chowking, Cubao Branch, belie the claim that she is not the legal
counsel for Spouses Lim. Her account of the June 3, 2007 incident in
her position paper contradicts her account of the same incident in her
answer to the original disbarment complaint. In her answer, 16 she
explained that she was "[passing] along the vicinity" on her way to a
meeting, "where she observed a commotion," hence, her presence was
a mere "coincidence" and that she had no knowledge of who owned
the Chowking branch which was already padlocked. On the other
hand, in her position paper, she gave the following reason:

- over -
157
I
9
Id. at 241-250.
10
Id. at 250.
11
Id. at 239-240.
12
Id. at 192.
13 Id. at247. See also id. at 94-131, 140-141, 156-160, 161-164, 227-228.
14
Id. at 68.
15
Id at 60-63.
16
Id. at 134.

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 RESOLUTION 4 A.C. No. 7950
March 13, 2019

On the night of 03 June 2007, while Respondent was

on her way to an important meeting, Respondent
received a call from Mr. Noel Tagle. Respondent
personally knows Mr. Tagle as a Building Administrator
of Spouses Lim, but which exact property or building,
Respondent had no idea until this whole incident. x x x

When Mr. Tagle called up, he asked Respondent for

assistance as Respondent is the only lawyer he
personally knows of. x x x [S]he proceeded to go to the
place x x xin Cubao Quezon City, near Chowking,
considering that she would passed thereby anyway on
her way to a meeting. x x x 17

Her contradictory statements deserve no merit in contrast to the

statements made by the store manager and the assistant store manager
who had no reason to fabricate charges against her. There is no
indication at all that they were motivated by revenge arising from past
dealings, personal or business, with respondents. 18 All the
circumstances show that respondent was acting in representation of
Spouses Lim.

Respondent is enjoined to represent her clients with zeal but

only within the bounds of the law. 19 In particular, every lawyer is
required to employ only fair and honest means to attain the lawful
objectives of his client. 20 This, respondent failed to heed. By forcibly
ejecting petitioner's employees and removing the signage of
petitioner's business, respondent took the law into her own hands.

In Areola v. Mendoza, 21 this Court reminded that a lawyer's

duty is not to his client but to the administration of justice. To that
end, his client's success is wholly subordinate. His conduct ought to
and must always be scrupulously observant of the law and ethics. Any
means not honorable, fair and honest, which is resorted to by the
lawyer, even in the pursuit of his devotion to his client's cause, is
condemnable and unethical. 22

As regards the penalty, the IBP Board of Governors

recommended that respondent be suspended from the practice of law
for two years. We find the recommended penalty excessive. In the
case of Rural Bank of Calape, Inc. (RCBI) Bohol v. Florido, 23 We

- over -
157
I
17
Id. at 203-204.
18
Id. at 249.
19
CODE OF PROFESSIONAL RESPONSIBILITY, Canon 19.
2
°
21
CODE OF PROFESSIONAL RESPONSIBILITY, Rule 19.01.
A.C No. 10135, January 15, 2014, 713 SCRA 173.
22
Id. at 181-182.
23
A.C. No. 5736, June 18, 20 I 0, 621 SCRA 182.

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RESOLUTION 5 AC. No. 7950
March 13, 2019

suspended Atty. Florido for one year for leading his clients to forcibly
take over the premises and management of RCBI Bohol without a
valid court order. Thus, and considering the similar circumstances of
this case, We deem that the penalty of a suspension from the practice
of law for one year is proper and commensurate.

WHEREFORE, respondent Atty. Teresita Capacillo is hereby

SUSPENDED from the practice of law for a period of one year,
effective upon the finality of this Resolution, with a stem warning that
a repetition of the same or similar acts will be dealt with more
severely.

Respondent is also DIRECTED to report to this Court the date

of her receipt of this Resolution to enable this Court to determine the
effectivity of her suspension.

Let a copy of this Resolution be attached to respondent's

personal record with the Office of the Bar Confidant and copies be
furnished to all chapters of the Integrated Bar of the Philippines and to
all courts of the land.

SO ORDERED."

Very truly yours,

LIBMJYKC.-BUENA-~
Divisioh Clerk of Courts·~
157

Ms. Elizabeth Catolos Atty. Teresita R. Capacillo

Complainant
No. 3 Mirasol Street, 15t1t Avenue
Cubao, 1109 Quezon City
Office of the Bar Confidant (x)
Supreme Court
Office of the Court Administrator (x)
Supreme Court
Public Information Office (x)
Library Services (x)
Supreme Court
(For uploading pursuant to A.M.
No. 12-7-1-SC)
Respondent
CAPACILLO LAW OFFICE
No. 35 Mac Arthur Highway, Marulas
1440 Valenzuela City
Atty. Alfonso B. Capacillo
Counsel for Respondent
CAPACILLO LAW OFFICE
No. 35 Mac Arthur Highway, Marulas
1440 Valenzuela City
Integrated Bar of the Philippines
1605 Pasig City

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