In the case of WILHELMINA C. VIRGO, ATTY. OLIVER V. AMORIN, A.C. No. 7861, January 30, 2009, the Philippine Supreme Court in effect applied the doctrine of procedural antecedent or prejudicial question, in its loose sense, when it held that while it is true that disbarment proceedings look into the worthiness of a respondent to remain as a member of the bar, and need not delve into the merits of a related case, however, the Court could not ascertain whether respondent Atty. Oliver Amorin indeed committed acts in violation of his oath as a lawyer concerning the sale and conveyance of the Virgo Mansion without going through the factual matters that were subject of the pending Civil Case No. 01-45798 and its companion cases.
The Court added that as a matter of prudence and so as not to preempt the conclusions that would be drawn by the trial court where the civil case was pending, the Court deemed it wise to dismiss the administrative case against the respondent lawyer without prejudice to the filing of another one, depending on the final outcome of the said civil cases.
In the same decision, the Court clarified when lawyer-client relationship exists. It stated that an attorney-client relationship is said to exist when a lawyer acquiesces or voluntarily permits the consultation of a person, who in respect to a business or trouble of any kind, consults a lawyer with a view of obtaining professional advice or assistance. It is not essential that the client should have employed the lawyer on any previous occasion or that any retainer should have been paid, promised or charged for; neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was had, for as long as the advice and assistance of the attorney is sought and received in matters pertinent to his profession.
However, the Court added that there were instances when it found that no attorney-client relationship existed between the parties, such as when the relationship stemmed from a personal transaction between them rather than the practice of law of respondent or when the legal acts done were only incidental to their personal transaction.
Let me digest the said decision for legal research purposes of the visitors of this blog. Thus:
X x x.
Atty. Salvador B. Hababag, Commissioner of the IBP-CBD, submitted his Report dated January 7, 2008 finding Atty. Amorin guilty of misconduct and recommending his suspension from the practice of law for six months.
Commissioner Hababag found that: Atty. Amorin used his legal knowledge and training to induce complainant to part with her property; Atty. Amorin admitted preparing three deeds of sale, but denies the existence of a fourth one which complainant claims to embody their real intent as to the purchase price; this was Atty. Amorin's scheme to defraud not only complainant but also the government of its taxes from the sale; Atty. Amorin failed to fulfill his promise to pay the purchase price in cash and to pay the P25million balance, issuing three postdated checks which were dishonored, however, due to insufficient funds; Atty. Amorin also intentionally altered his signature on the checks and when complainant tried to collect the balance, Atty. Amorin filed several cases to harass her; Atty. Amorin violated Rule 1.02 of the Code of Professional Responsibility, which provides that “A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system” and Rule 1.01 of the CPR, which states “A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct”; finally, complainant was not a party to CA-GR SP No. 77986; thus, she was not able to defend herself and introduce evidence on her behalf.
X x x.
Atty. Amorin argues that: the IBP Commissioner's Report which the IBP Board of Governors adopted is based solely on the pleadings and documents of complainant which are self-serving and unsupported by official documents; the findings of fact of the IBP crumble when arrayed against the CA Decision dated September 7, 2004 in CA-GR SP No. 77986 which found complainant to have acted in bad faith; his evidence, consisting primarily of the CA Decision in CA-GR SP No. 77986 and the sworn statement of complainant's own husband show the opposite of the IBP's findings of facts, i.e., it was complainant who committed fraud and deceit against him; both documents show that complainant used the property which she already sold to him, as collateral for a new loan of P12M from the BPI; the Counter-Affidavit of Antonio Virgo, as one of the respondents in IS No. 17683, an Estafa and B.P. Blg. 22 case, stated that he and his wife sold the Virgo Mansion to Atty. Amorin for P15M to be paid with FEBTC checks and the assumption of the balance of the complainant's loan with FEBTC; although complainant is not a respondent in CA-GR SP No. 77986, said case is admissible as evidence against her, since the CA case was derived from two other cases in the RTC; Civil Case No. Q-01-45798 and LRC Case No. Q-1538 (02); complainant is a private respondent in Civil Case No. Q-01-45798 pending before Branch 221 of RTC-QC. Atty. Amorin also argues that the facts which are used by the IBP as the basis for placing Atty. Amorin under suspension from the practice of law for one year are the facts in litis in said case; thus, it is premature and improper for the IBP to render the herein assailed Resolution, as it will preempt the findings and decision that the RTC will render in the civil case.
X x x.
The Court finds the petition to be with merit.
First, the existence of an attorney-client relationship between Atty. Amorin and complainant was not established.
An attorney-client relationship is said to exist when a lawyer acquiesces or voluntarily permits the consultation of a person, who in respect to a business or trouble of any kind, consults a lawyer with a view of obtaining professional advice or assistance. It is not essential that the client should have employed the lawyer on any previous occasion or that any retainer should have been paid, promised or charged for; neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was had, for as long as the advice and assistance of the attorney is sought and received in matters pertinent to his profession.
There are instances, however, when the Court finds that no attorney-client relationship exists between the parties, such as when the relationship stemmed from a personal transaction between them rather than the practice of law of respondent or when the legal acts done were only incidental to their personal transaction.
X x x.
While it is true that disbarment proceedings look into the worthiness of a respondent to remain as a member of the bar, and need not delve into the merits of a related case, the Court, in this instance, however, cannot ascertain whether Atty. Amorin indeed committed acts in violation of his oath as a lawyer concerning the sale and conveyance of the Virgo Mansion without going through the factual matters that are subject of the aforementioned civil cases, particularly Civil Case No. 01-45798. As a matter of prudence and so as not to preempt the conclusions that will be drawn by the court where the case is pending, the Court deems it wise to dismiss the present case without prejudice to the filing of another one, depending on the final outcome of the civil case.
X x x.
