Wednesday, June 8, 2011

Abuse of legal procedures by lawyer








In the case of CONRADO QUE vs. ATTY. ANASTACIO REVILLA, JR.,   A.C. No.  7054, December 4, 2009, the Supreme Court found the respondent liable for professional misconduct for violations of the Lawyer’s Oath; Canon 8; Rules 10.01 and 10.03, Canon 10; Rules 12.02 and 12.04, Canon 12; Rule 19.01, Canon 19 of the Code of Professional Responsibility; and Sections 20(d), 21 and 27 of Rule 138 of the Rules of Court; and DISBARRED him from the practice of law. Thus:


X x x.

The Court’s Ruling

x x x.

We take judicial notice that this disbarment complaint is not the only one so far filed involving the respondent; another complaint invoking similar grounds has previously been filed.  In Plus Builders, Inc. and Edgardo C. Garcia v. Atty. Anastacio E. Revilla, Jr.,[1] we suspended the respondent from the practice of law for his willful and intentional falsehood before the court; for misuse of court procedures and processes to delay the execution of a judgment; and for collaborating with non-lawyers in the illegal practice of law.  We initially imposed a suspension of two (2) years, but in an act of leniency subsequently reduced the suspension to six (6) months.[2]

Abuse of court procedures and processes


          The following undisputed facts fully support the conclusion that the respondent is guilty of serious misconduct for abusing court procedures and processes to shield his clients from the execution of the final judgments of the MeTC and RTC in the unlawful detainer case against these clients:

First, the respondent filed a petition for certiorari (docketed as CA-G.R. SP No. 53892) with prayer for the issuance of preliminary injunction and temporary restraining order to question the final judgments of the MeTC and RTC for lack of jurisdiction.  In dismissing the respondent’s petition, the CA held:

            Even for the sake of argument considering that the petition case be the proper remedy, still it must be rejected for failure of petitioners to satisfactorily demonstrate lack of jurisdiction on the part of the Metropolitan Trial Court of Quezon City over the ejectment case.[3]

Second, notwithstanding the CA’s dismissal of the petition for certiorari, the respondent again questioned the MeTC’s and the RTC’s lack of jurisdiction over the unlawful detainer case in a petition for annulment of judgment (docketed as Civil Case No. Q-01-45556)  before the RTC with an ancillary prayer for the grant of a temporary restraining order and preliminary injunction. The RTC dismissed this petition on the basis of the motion to dismiss filed.[4]

Third, the respondent successively filed two petitions (docketed as Civil Case No. Q-99-38780  and Civil Case No. Q-02-46885) for annulment of the complainant’s title to the property involved in the unlawful detainer case. The records show that these petitions were both dismissed “for lack of legal personality on the part of the plaintiffs” to file the petition.[5]

          Fourth, after the dismissals of the petition for annulment of judgment and the petitions for annulment of title, the respondent this time filed a petition for declaratory relief with prayer for a writ of preliminary injunction to enjoin the complainant and his siblings from exercising their rights over the same property subject of the unlawful detainer case. The respondent based the petition on the alleged nullity of the complainant’s title because the property is a part of forest land.

          Fifth, the persistent applications by the respondent for injunctive relief in the four petitions he had filed in several courts – the petition for certiorari, the petition for annulment of judgment, the second petition for annulment of complainant’s title and the petition for declaratory relief – reveal the respondent’s persistence in preventing and avoiding the execution of the final decisions of the MeTC and RTC against his clients in the unlawful detainer case.

Under the circumstances, the respondent’s repeated attempts go beyond the legitimate means allowed by professional ethical rules in defending the interests of his client.  These are already uncalled for measures   to avoid the enforcement of final judgments of the MeTC and RTC. In these attempts,  the respondent violated Rule 10.03, Canon 10 of the Code of Professional Responsibility which makes it obligatory for a lawyer to “observe the rules of procedure and. . . not [to] misuse them to defeat the ends of justice.”  By his actions, the respondent used procedural rules to thwart and obstruct the speedy and efficient administration of justice, resulting in prejudice to the winning parties in that case.[6]



Filing of multiple actions and forum shopping

The respondent likewise violated Rule 12.02 and Rule 12.04, Canon 12 of the Code of Professional Responsibility,[7] as well as the rule against forum shopping, both of which are directed against the filing of multiple actions to attain the same objective.  Both violations constitute abuse of court processes; they tend to degrade the administration of justice; wreak havoc on orderly judicial procedure;[8] and add to the congestion of the heavily burdened dockets of the courts.[9] 

While the filing of a petition for certiorari to question the lower courts’ jurisdiction may be a procedurally legitimate (but substantively erroneous) move, the respondent’s subsequent petitions involving the same property and the same parties not only demonstrate his attempts to secure  favorable ruling using different fora, but his obvious objective as well of preventing the execution of the MeTC and RTC decisions in the unlawful detainer case against his clients. This intent is most obvious with respect to the petitions for annulment of judgment and declaratory relief, both geared towards preventing the execution of the unlawful detainer decision, long after this decision had become final. 
 
Willful, intentional and deliberate
falsehood before the courts

The records also reveal that the respondent committed willful,
intentional and deliberate falsehood in the pleadings he filed with the lower courts.

First, in the petition for annulment of judgment filed before the RTC, Branch 101, Quezon City, the respondent cited extrinsic fraud as one of the grounds for the annulment sought.  The extrinsic fraud was alleged in the last paragraph of the petition, as follows:

In here, counsel for the petitioners (defendants therein), deliberately neglected to file the proper remedy then available after receipt of the denial of their Motion for Reconsideration … thus corruptly sold out the interest of the petitioners (defendants therein) by keeping them away to the Court and in complete ignorance of the suit by a  false pretense of compromise and fraudulent acts of alleging representing them when in truth and in fact, have connived with the attorney of the prevailing party at his defeat to the prejudice of the petitioner (defendants therein) …[10]

Yet, in paragraph 35 of the same petition, the respondent alleged that no second motion for reconsideration or for new trial, or no other petition with the CA had been filed, as he believed “that the  decisions rendered both by the MeTC and the RTC are null and void.”[11]  These conflicting claims, no doubt, involve a fabrication made for the purpose of supporting the petition for annulment.  Worse, it involved a direct and unsubstantiated attack on the reputation of a law office colleague, another violation we shall separately discuss below. 
 
             Second, the respondent employed another obvious subterfuge when he filed his second petition for annulment of title, which was an unsuccessful attempt to circumvent the rule that only the Solicitor General may commence reversion proceedings of public lands[12] on behalf of the Republic of the Philippines.  This second petition, filed by a private party and not by the Republic, showed that: (a) the respondent and his clients requested that they be represented by the Solicitor General in the proceedings; (b) the Republic of the Philippines was simply impleaded in the amended petition without its consent as a plaintiff; and (c) the respondent signed the amended petition where he alone stood as counsel for the “plaintiffs.”  In this underhanded manner, the respondent sought to compel the Republic to litigate and waste its resources on an unauthorized and unwanted suit. 

Third, the respondent also committed falsehood in his motion for reconsideration of the order dismissing his petition for annulment of judgment where he misrepresented to the court and his clients what actually transpired in the hearing of June 28, 2002 in this wise:

            Likewise, the proceedings on said date of hearing (June 28, 2002) show, that after both counsel have argued on the aforesaid pending incident, the Honorable Presiding Judge, in open court, and in the presence and within the hearing distance of all the plaintiffs and their counsel as well as the counsel of the defendants resolved: TO DENY THE MOTION TO DISMISS FILED AND DIRECTED DEFENDANTS COUNSEL TO FILE AN ANSWER TO THE COMPLAINT WITHIN THE REMAINING PERIOD.[13][Underscoring and emphasis theirs]


          The records, however, disclose that the scheduled hearing for June 28, 2002 was actually for the respondent’s application for temporary restraining order and was not a hearing on the adverse party’s motion to dismiss.[14]  The records also show that RTC-Branch 101 held in abeyance the respondent’s application for injunctive relief pending the resolution of the motion to dismiss filed by the adverse party.[15] As stated in the order of the Presiding Judge of RTC-Branch 101:
           
Browsing over the records of this case specifically the transcripts of stenographic notes as transcribed by the Stenographer, the same will indicate that the allegations in the Motion for Reconsideration are not true.

… how can this Court make a ruling on the matter even without stating the factual and legal bases as required/mandated by the Rules. Moreover, there are no indications or iota of irregularity in the preparation by Stenographer of the transcripts, and by the Court interpreter of the Minutes of the open Court session.[Underscoring theirs]
The records further disclose that despite knowledge of the falsity of his allegations, the respondent took advantage of his position and the trust reposed in him by his clients (who are all squatters) to convince them to support, through their affidavits, his false claims on what allegedly transpired in the June 28, 2002 hearing. [16]  

 For these acts, we find the respondent liable under Rule 10.01 of Canon 10 the Code of Professional Responsibility for violating the lawyer’s duty to observe candor and fairness in his dealings with the court.  This provision states:

CANON 10 – A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT

Rule 10.01 – A lawyer shall not do any falsehood, nor consent to the doing of any in Court, nor shall he mislead or allow the Court to be mislead by an artifice.

Likewise, the respondent violated his duty as an attorney and his oath as a lawyer “never to mislead the judge or any judicial officer by an artifice or false statement of fact or law.”[17]  The respondent failed to remember that his duty as an officer of the court makes him an indispensable participant in the administration of justice,[18] and that he is expected to act candidly, fairly and truthfully in his work.[19] His duty as a lawyer obligates him not to conceal the truth from the court, or to mislead the court in any manner, no matter how demanding his duties to his clients may be.[20]  In case of conflict, his duties to his client yield to his duty to deal candidly with the court.[21]  
         
In defending his clients’ interest, the respondent also failed to observe Rule 19.01, Canon 19 of the Code of Professional Responsibility, which reads:

CANON 19 – A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF LAW

Rule 19.01 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his clients x x x


This Canon obligates a lawyer, in defending his client, to employ only such means as are consistent with truth and honor.[22] He should not prosecute patently frivolous and meritless appeals or institute clearly groundless actions.[23]  The recital of what the respondent did to prevent the execution of the judgment against his clients shows that he actually committed what the above rule expressly prohibits.

Maligning the name of his fellow lawyers


          To support the charge of extrinsic fraud in his petition for annulment of judgment, the respondent attacked (as quoted above) the name and reputation of the late Atty. Catolico and accused him of deliberate neglect, corrupt motives and connivance with the counsel for the adverse party.

We find it significant that the respondent failed to demonstrate how he came upon his accusation against Atty. Catolico. The respondent, by his own admission, only participated in the cases previously assigned to Atty. Catolico after the latter died. At the same time, the respondent’s petition for annulment of judgment also represented that no second motion for reconsideration or appeal was filed to contest the MeTC and RTC decisions in the unlawful detainer case for the reason that the respondent believed the said decisions were null and void ab initio.

Under these circumstances, we believe that the respondent has been less than fair in his professional relationship with Atty. Catolico and is thus liable for violating Canon 8 of the Code of Professional Responsibility, which obligates a lawyer to “conduct himself with courtesy, fairness, and candor toward his professional colleagues.”  He was unfair because he imputed wrongdoing to Atty. Catolico without showing any factual basis therefor; he effectively maligned Atty. Catolico, who is now dead and unable to defend himself.

Unauthorized appearances


          We support Investigating Commissioner Cunanan’s finding that the respondent twice represented parties without proper authorization: first, in the petition for annulment of judgment; and second, in the second petition for annulment of title.[24]

In the first instance, the records show that the respondent filed the petition for annulment of judgment on behalf of 49 individuals, 31 of whom gave their consent while the other 15 individuals did not.  We cannot agree with the respondent’s off-hand explanation that he truly believed that a majority of the litigants who signed the certification of non-forum shopping in the petition already gave him the necessary authority to sign for the others. We find it highly improbable that this kind of lapse could have been committed by a seasoned lawyer like the respondent, who has been engaged in the practice of law for more than 30 years and who received rigid and strict training as he so proudly declares, from the University of the Philippines College of Law and in the two law firms with which he was previously associated.[25] As Investigating Commissioner Cunanan found, the respondent’s explanation of compliance with the rule on the certification of non-forum shopping glossed over the real charge of appearing in court without the proper authorization of the parties he allegedly represented.  

In the second instance, which occurred in the second complaint for annulment of title, the respondent knew that only the Solicitor General can legally represent the Republic of the Philippines in actions for reversion of land. Nevertheless, he filed an amended petition where he impleaded the Republic of the Philippines as plaintiff without its authority and consent, as a surreptitious way of forcing the Republic to litigate. Notably, he signed the amended complaint on behalf of all the plaintiffs – his clients and the Republic.
         
          In both instances, the respondent violated Sections 21 and 27, Rule 138 of the Rules of Court when he undertook the unauthorized appearances. The settled rule is that a lawyer may not represent a litigant without authority from the latter or from the latter’s representative or, in the absence thereof, without leave of court.[26] The willful unauthorized appearance by a lawyer for a party in a given case constitutes contumacious conduct and also warrants disciplinary measures against the erring lawyer for professional misconduct.[27]

The Respondent’s Defenses 

We find no merit in the respondent’s defenses.

“Good faith connotes an honest intention to abstain from taking unconscientious advantage of another. Accordingly, in University of the East v. Jader we said that "[g]ood faith connotes an honest intention to abstain from taking undue advantage of another, even though the forms and technicalities of law, together with the absence of all information or belief of facts, would render the transaction unconscientious."[28] Bad faith, on the other hand, is a state of mind affirmatively operating with furtive design or with some motive of self-interest, ill will or for an ulterior purpose.[29]  As both concepts are states of mind, they may be deduced from the attendant circumstances and, more particularly, from the acts and statements of the person whose state of mind is the subject of inquiry. 

In this case, we find that the respondent acted in bad faith in defending the interests of his clients. We draw this conclusion from the misrepresentations and the dubious recourses he made, all obviously geared towards forestalling the execution of the final judgments of the MeTC and RTC.  That he took advantage of his legal knowledge and experience and misread the Rules   immeasurably strengthen the presence of bad faith.

We find neither sincerity nor honest belief on the part of the respondent in pleading the soundness and merit of the cases that he filed in court to prevent the execution of the MeTC and RTC decisions, considering  his own conduct of presenting conflicting theories in his petitions.  The succession of cases he filed shows a desperation that negates the sincere and honest belief he claims; these are simply scattershot means to achieve his objective of avoiding the execution of the unlawful detainer judgment against his clients.

On the respondent’s allegations regarding his discretion to determine legal strategy, it is not amiss to note that this was the same defense he raised in the first disbarment case.[30]  As we explained in Plus Builders, the exercise of a lawyer’s discretion in acting for his client can never be at the expense of truth and justice.  In the words of this cited case:

While a lawyer owes absolute fidelity to the cause of his client, full devotion to his genuine interest, and warm zeal in the maintenance and defense of his rights, as well as the exertion of his utmost learning and ability, he must do so only within the bounds of the law.  He must give a candid and honest opinion on the merits and probable results of his client’s case with the end in view of promoting respect for the law and legal processes, and counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law.  He must always remind himself of the oath he took upon admission to the Bar that he ‘will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same’; and that he ‘will conduct [himself] as a lawyer according to the best of [his] knowledge and discretion with all good fidelity as well to the courts as to [his] clients.’ Needless to state, the lawyer’s fidelity to his client must not be pursued at the expense of truth and the administration of justice, and it must be done within the bounds of reason and common sense.  A lawyer’s responsibility to protect and advance the interests of his client does not warrant a course of action propelled by ill motives and malicious intentions against the other party.[31]

We cannot give credence to the respondent’s claim that the disbarment case was filed because the counsel of the complainant, Atty. Uy, had an axe to grind against him. We reject this argument, considering that it was not Atty. Uy who filed the present disbarment case against him; Atty. Uy is only the counsel in this case.  In fact, Atty. Uy has filed his own separate disbarment case against the respondent. 

The sui generis nature of a disbarment case renders the underlying motives of the complainants unimportant and with very little relevance. The purpose of a disbarment proceeding is mainly to determine the fitness of a lawyer to continue acting as an officer of the court and a participant in the dispensation of justice – an issue where the complainant’s personal motives have little relevance. For this reason, disbarment proceedings may be initiated by the Court motu proprio upon information of an alleged wrongdoing. As we also explained in the case In re: Almacen:

. . .disciplinary proceedings like the present are sui generis. Neither purely civil nor purely criminal, this proceeding is not - and does not involve - a trial of an action or a suit, but is rather an investigation by the Court into the conduct of one of its officers. Not being intended to inflict punishment, it is in no sense a criminal prosecution.
                                   
x                      x                      x

It may be initiated by the Court motu proprio. Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of-the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. In such posture, there can thus be no occasion to speak of a complainant or a prosecutor.[32]

Hence, we give little or no weight to the alleged personal motivation that drove the complainant Que and his counsel to file the present disbarment case.

Conclusion

          Based on the foregoing, we conclude that the respondent committed  various acts of professional misconduct and thereby failed to live up to the exacting ethical standards imposed on members of the Bar. We cannot agree, however, that only a penalty of one-year suspension from the practice of law should be imposed.  Neither should we limit ourselves to the originally recommended penalty of suspension for two (2) years.

Given the respondent’s multiple violations, his past record as previously discussed, and the nature of these violations which shows the readiness to disregard court rules and to gloss over concerns for the orderly administration of justice, we believe and so hold that the appropriate action of this Court is to disbar the respondent to keep him away from the law profession and from any significant role in the administration of justice which he has disgraced. He is a continuing risk, too, to the public that the legal profession serves. Not even his ardor and overzealousness in defending the interests of his client can save him.  Such traits at the expense of everything else, particularly the integrity of the profession and the orderly administration of justice, this Court cannot accept nor tolerate.

Additionally, disbarment is merited because this is not the respondent’s first ethical infraction of the same nature.  We penalized him in Plus Builders, Inc. and Edgardo Garcia versus Atty. Anastacio E. Revilla for his willful and intentional falsehood before the court; for misuse of court procedures and processes to delay the execution of a judgment; and for collaborating with non-lawyers in the illegal practice of law.  We showed leniency then by reducing his penalty to suspension for six (6) months.  We cannot similarly treat the respondent this time; it is clear that he did not learn any lesson from his past experience and since then has exhibited traits of incorrigibility.  It is time to put a finis to the respondent’s professional legal career for the sake of the public, the profession and the interest of justice. 
X x x.



[1] A.C. No. 7056 dated September 13, 2006, 501 SCRA 615.
[2] A.C. No. 7056 dated February 11, 2009.
[3] Rollo, p. 6.
[4] Id. at 12.
[5] Id. at 7-8.
[6] See: Agpalo, Comments on the Code of Professional Responsibility and the Code of Judicial Conduct, p. 104 (2004 edition).
[7] Rule 12.02 - A lawyer shall not file multiple actions.
   Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of judgment or misuse court   processes.
[8] Supra note 20 at 104.
[9] Pena v. Aparicio, A.C. No. 7298, June 25, 2007, 525 SCRA 444, 454; see: Agpalo. supra note 20 at 121, citing Chempil Export & Export Corp. v. Court of Appeals, 321 Phil 619 (1995); and Ligon v. Court of Appeals, 355 Phil 503 (1998).
[10] Petition for Annulment of Judgment, p. 25; rollo, p. 11.
[11] Ibid.
[12] Id., pp. 30-31; PUBLIC LAND ACT, Section 101.
[13] Id. at 13.
[14] Id. at 13-14.
[15] Id. at 12.
[16] Id. at 155.
[17] RULES OF COURT, Rule 138, Section 20 (d).
[18] Agpalo, supra note 20 at 99.
[19] Id. at 100.
[20] Id. at102.
[21] Ibid.
[22] Id. at 226.
[23] Ibid. 
[24] Rollo, pp. 155-156.
[25] Id. at 26.
[26] RULES OF COURT, Rule 138, Section 21. 
[27] Id., Sections 21 and 27.
[28] Philippine National Bank v. Heirs of Estanislao Militar and Deogracias Militar, G.R. Nos. 164801 & 165165, June 30, 2006, 494 SCRA 308, 318; citing University of the East v. Jader, 382 Phil. 697, 705 (2000). 
[29] Santiago v. Court of Appeals, G.R. No. 127440, January 27, 2007, 513 SCRA 69, 83.
[30] Plus Builders, Inc. and Edgardo C. Garcia v. Atty. Anastacio E. Revilla, Jr., supra note 15.
[31] Ibid., citing Choa v. Chiongson, 329 Phil 270, 275-276 (1996).
[32] G.R. No. L-27654, February 18, 1970, 31 SCRA 562, 600-601.

Gross misconduct by lawyer and judge who connived to cheat a client.


In the case of SPOUSES MANUEL C. RAFOLS, JR. and LOLITA B. RAFOLS vs. ATTY. RICARDO  G. BARRIOS, JR., En Banc, A.C. No. 4973, March 15, 2010, the respondent lawyer was DISBARRED by the Supreme Court for gross misconduct in connivance with an equally dishonest trial judge. The Court stressed the basic doctrine:


The primary objective of administrative cases against lawyers is not only to punish and discipline the erring individual lawyers but also to safeguard the administration of justice by protecting the courts and the public from the misconduct of lawyers, and to remove from the legal profession persons whose utter disregard of their lawyer’s oath has proven them unfit to continue discharging the trust reposed in them as members of the bar. A lawyer may be disbarred or suspended for misconduct, whether in his professional or private capacity, which shows him to be wanting in moral character, honesty, probity and good demeanor or unworthy to continue as an officer of the court.
             – Rivera v. Corral, A.C. No. 3548, July 4, 2002, 384 SCRA 1.


The salient parts of the Decision are quoted in full below, thus:


X x x.



Ruling of the Court

X x x.

I

Section 27, Rule 138 of the Rules of Court, which governs the disbarment and suspension of attorneys, provides:

Section 27. Disbarment and suspension of attorneys by the Supreme Court; grounds therefor. – A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction for a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority to do so. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers constitute malpractice.


The burden of proof in disbarment and suspension proceedings always rests on the shoulders of the complainant. The Court exercises its disciplinary power only if the complainant establishes the complaint by clearly preponderant evidence that warrants the imposition of the harsh penalty.[1] As a rule, an attorney enjoys the legal presumption that he is innocent of the charges made against him until the contrary is proved. An attorney is further presumed as an officer of the Court to have performed his duties in accordance with his oath.[2]

Here, the complainants successfully overcame the respondent’s presumed innocence and the presumed regularity in the performance of his duties as an attorney of the complainants. The evidence against him was substantial, and was not contradicted.

To begin with, the respondent’s denial of knowledge of the transaction between the complainants and Judge Dizon, Jr. was not only implausible, but also unsubstantiated. It was the respondent himself who had introduced the complainants to the judge. His act of introducing the complainants to the judge strongly implied that the respondent was aware of the illegal purpose of the judge in wanting to talk with the respondent’s clients. Thus, we unqualifiedly accept the aptness of the following evaluation made in the OBC’s Report and Recommendation, viz:


xxx Being the Officer of the Court, he must have known that meeting litigants outside the court is something beyond the bounds of the rule and that it can never be justified by any reason. He must have known the purpose of Judge Dizon in requesting him to meet the complainants-litigants outside the chamber of Judge Dizon. By his overt act in arranging the meeting between Judge Dizon and complainants- litigants in the Coffee Shop of the East Royal Hotel, it is crystal clear that he must have allowed himself and consented to Judge Dizon’s desire to ask money from the complainants-litigants for a favorable decision of their case which was pending before the sala of Judge Dizon.[3]


Secondly, the respondent’s insistence that he did not see the complainants’ act of handing the money to the judge is unbelievable. In his comment, the respondent even admitted having himself received the P80,000.00 from the complainants, and having kept P30,000.00 of that amount pursuant to the instruction of the judge as a token of the friendship between him and the judge.[4] The admission proved that the respondent had known all along of the illegal transaction between the judge and the complainants, and belied his feigned lack of knowledge of the delivery of the money to the judge.

Thirdly, his attempt to explain that the complainants had given the money to the judge as a loan, far from softening our strong impression of the respondent’s liability, confirmed his awareness of the gross impropriety of the transaction. Being the complainants’ attorney in the civil case being heard before the judge, the respondent could not but know that for the judge to borrow money from his clients was highly irregular and outrightly unethical. If he was innocent of wrongdoing, as he claimed, he should have desisted from having any part in the transaction. Yet, he did not, which rendered his explanation unbelievable. Compounding the unworthiness of his explanation was his admission of having retained P30,000.00 of the “borrowed” money upon the judge’s instruction.

And, lastly, the OBC has pointed out that the respondent’s act of requesting the NBI Regional Office in Davao City to investigate was an afterthought on his part. We agree with the OBC, for the respondent obviously acted in order to anticipate the complainants’ moves against him and the judge. To be sure, the respondent sensed that the complainants would not simply forgive and forget the mulcting they had suffered at the hands of the judge and their own attorney from the time that the complainants assured him that they were no longer interested to get back their money despite their being very angry at the judge’s greed.

Overall, the respondent’ denials were worthless and unavailing in the face of the uncontradicted evidence showing that he had not only personally arranged the meeting between Manuel and Judge Dizon, Jr., but had also communicated to the complainants the judge’s illegal reason for the meeting. It is axiomatic that any denial, to be accepted as a viable defense in any proceeding, must be substantiated by clear and convincing evidence. This need derives from the nature of a denial as evidence of a negative and self-serving character, weightless in law and insufficient to overcome the testimony of credible witnesses on affirmative matters.[5] 

II

The practice of law is a privilege heavily burdened with conditions.[6] The attorney  is a  vanguard of our legal  system, and, as such, is expected to maintain not only legal proficiency but also a very high standard of morality, honesty, integrity, and fair dealing in order that the people’s faith and confidence in the legal system are ensured.[7] Thus, he must conduct himself, whether in dealing with his clients or with the public at large, as to be beyond reproach at all times.[8] Any violation of the high moral standards of the legal profession justifies the imposition on the attorney of the appropriate penalty, including suspension and disbarment.[9]

Specifically, the Code of Professional Responsibility enjoins an attorney from engaging in unlawful, dishonest, or deceitful conduct.[10] Corollary to this injunction is the rule that an attorney shall at all times uphold the integrity and dignity of the Legal Profession and support the activities of the Integrated Bar.[11]

The respondent did not measure up to the exacting standards of the Law Profession, which demanded of him as an attorney the absolute abdication of any personal advantage that conflicted in any way, directly or indirectly, with the interest of his clients. For monetary gain, he disregarded the vow to “delay no man for money or malice” and to “conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients” that he made when he took the Lawyer’s Oath.[12] He also disobeyed the explicit command to him as an attorney “to accept no  compensation in connection with his client’s business
except from him or with his knowledge and approval.”[13] He conveniently ignored that the relation between him and his clients was highly fiduciary in nature and of a very delicate, exacting, and confidential character.[14]

Verily, the respondent was guilty of gross misconduct, which is “improper or wrong conduct, the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in  character, and implies a wrongful intent and not mere error of judgment.”[15] Any gross misconduct of an attorney in his professional or private capacity shows him unfit to manage the affairs of others, and is a ground for the imposition of the penalty of suspension or disbarment, because good moral character is an essential qualification for the admission of an attorney and for the continuance of such privilege.[16]

The conclusion that the respondent and the disgraced Judge Dizon, Jr. were conspirators against the former’s own clients, whom he was sworn to protect and to serve with utmost fidelity and morality, is inevitable for the Court to make in this administrative case. And, being conspirators, they both deserve the highest penalty. The disbarment of the respondent is in order, because such sanction is on par with the dismissal of Judge Dizon, Jr.

X x x.



[1]    Arma v. Montevilla,  A.C.  No. 4829, July 21, 2008, 559 SCRA 1.
[2]    Id.
[3]       Rollo,  pp. 247-248.
[4]       Id., p. 189.
[5]   Rafols, Jr. v. Dizon, A.M. RTJ-98-1426, January 31, 2006, 481 SCRA 92; Orfila v. Arellano, A.M. Nos. P-06-2110 and P-03-1692, February 23, 2006, 482 SCRA 280; Mabini v. Raga,  A.M. No. P-06-2150, June 21, 2006, 491 SCRA 525; Re: (1) Lost Checks Issued to the Late Roderick Roy P. Melliza, Former Clerk II, MCTC, Zaragga, Iloilo and (2) Dropping from the Rolls of Ms. Esther T. Andres; A.M. No. 2005-26-SC, November 22, 2006; 507 SCRA 478.
[6]       Dumadag v.  Lumaya, A.C. No. 2614, June 29, 2000, 334  SCRA 513.
[7]       Cham v. Paita-Moya, A.C. No. 7494, June 27, 2008, 556 SCRA 1..
[8]       Rule 7.03, Code of Professional Responsibility, to wit:
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.
[9]       Cham v. Paita-Moya, supra at Note 25.
[10]    Rule 1.01, which states:
      Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
[11]    Canon 7, Code of Professional Responsibility.
[12]     In the Lawyer’s Oath, the attorney declares that:
        x x x I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.
[13]     Rule 138, Section 20 (e), Rules of Court.
[14]    Barnachea v. Quiocho, A.C. No. 5925, March 11, 2003, 399 SCRA 1.
[15]    Whitson v. Atienza, A.C. No. 5535, August 28, 2003, 410 SCRA 10.
[16]    Id.

Fiduciary duty of lawyer

In the case of ATTY. ELMER C. SOLIDON vs.  ATTY. RAMIL E. MACALALAD, A.C. No. 8158, February 24, 2010, the Supreme Court imposed on Atty. Ramil E. Macalalad the penalty of SIX (6) MONTHS SUSPENSION from the practice of law for violations of Rule 16.03 and Rule 18.03 of the Code of Professional Responsibility, effective upon finality of this Decision.  Atty. Macalalad was STERNLY WARNED that a repetition of the same or similar acts will be dealt with more severely. Atty. Macalalad was also ORDERED to RETURN to Atty. Elmer C. Solidon the amount of Fifty Thousand Pesos (P50,000.00) with interest of twelve percent (12%) per annum from the date of promulgation of this Decision until the full amount is returned. Thus:




X x x.

The Court’s Ruling

We agree with the IBP’s factual findings and legal conclusions.

In administrative cases against lawyers, the quantum of proof required is preponderance of evidence which the complainant has the burden to discharge.[1]  We fully considered the evidence presented and we are fully satisfied that the complainant’s evidence, as outlined above, fully satisfies the required quantum of proof in proving Atty. Macalalad’s negligence. 

Rule 18.03, Canon 18 of the Code of Professional Responsibility provides for the rule on negligence and states:

Rule 18.03 – A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable.

This Court has consistently held, in construing this Rule, that the mere failure of the lawyer to perform the obligations due to the client is considered per se a violation. 
Thus, in Villafuerte v. Cortez,[2] we held that a lawyer is negligent if he failed to do anything to protect his client’s interest after receiving his acceptance fee. In In Re: Atty. Briones,[3] we ruled that the failure of the counsel to submit the required brief within the reglementary period (to the prejudice of his client who languished in jail for more than a year) is an offense that warrants disciplinary action. In Garcia v. Atty. Manuel, we penalized a lawyer for failing to inform the client of the status of the case, among other matters.[4]  

Subsequently, in Reyes v. Vitan,[5] we reiterated that the act of receiving money as acceptance fee for legal services in handling the complainant’s case and, subsequently, in failing to render the services, is a clear violation of Canon 18 of the Code of Professional Responsibility.  We made the same conclusion in Canoy v. Ortiz[6] where we emphatically stated that the lawyer’s failure to file the position paper was per se a violation of Rule 18.03 of the Code of Professional Responsibility.  

The circumstance that the client was also at fault does not exonerate a lawyer from liability for his negligence in handling a case.  In Canoy, we accordingly declared that the lawyer cannot shift the blame to his client for failing to follow up on his case because it was the lawyer’s duty to inform his client of the status of the case.[7]  Our rulings in Macarilay v. Seriña,[8] in Heirs of Ballesteros v. Apiag,[9] and in Villaflores v. Limos[10] were of the same tenor.  In Villaflores, we opined that even if the client has been equally at fault for the lack of communication, the main responsibility remains with the lawyer to inquire and know the best means to acquire the required information.  We held that as between the client and his lawyer, the latter has more control in handling the case. 

All these rulings drive home the fiduciary nature of a lawyer’s duty to his client once an engagement for legal services is accepted. A lawyer so engaged to represent a client bears the responsibility of protecting the latter’s interest with utmost diligence.[11]  The lawyer bears the duty to serve his client with competence and diligence, and to exert his best efforts to protect, within the bounds of the law, the interest of his or her client.[12]  Accordingly, competence, not only in the knowledge of law, but also in the management of the cases by giving these cases appropriate attention and due preparation, is expected from a lawyer.[13]

The records in this case tell us that Atty. Macalalad failed to act as he committed when he failed to file the required petition.  He cannot now shift the blame to his clients since it was his duty as a lawyer to communicate with them.  At any rate, we reject Atty. Macalalad’s defense that it was his clients who failed to contact him. Although no previous communication transpired between Atty. Macalalad and his clients, the records nevertheless show that Atty. Solidon, who contracted Atty. Macalalad’s services in behalf of his relatives, tried his best to reach him prior to the filing of the present disbarment case. Atty. Solidon even enlisted the aid of Ms. Cabo-Borata to follow-up on the status of the registration application with Atty. Macalalad. 

As narrated by Ms. Cabo-Borata in her affidavit,[14] she succeeded several times in getting in touch with Atty. Macalalad and on those occasions asked him about the progress of the case.  To use Ms. Cabo-Borata’s own words, she received “no clear-cut answers from him”; he just informed her that everything was “on process.”  We give credence to these narrations considering Atty. Macalalad’s failure to contradict them or deny their veracity, in marked contrast with his vigorous denial of Atty. Solidon’s allegations.

We consider, too, that other motivating factors – specifically, the monetary consideration and the fixed period of performance – should have made it more imperative for Atty. Macalalad to promptly take action and initiate communication with his clients.  He had been given initial payment and should have at least undertaken initial delivery of his part of the engagement.

We further find that Atty. Macalalad’s conduct refutes his claim of willingness to perform his obligations.  If Atty. Macalalad truly wanted to file the petition, he could have acquired the necessary information from Atty. Solidon to enable him to file the petition even pending the IBP Commission on Bar Discipline investigation.  As matters now stand, he did not take any action to initiate communication.  These omissions unequivocally point to Atty. Macalalad’s lack of due care that now warrants disciplinary action.

In addition to the above finding of negligence, we also find           Atty. Macalalad guilty of violating Rule 16.01 of the Code of Professional Responsibility which requires a lawyer to account for all the money received from the client.  In this case, Atty. Macalalad did not immediately account for and promptly return the money he received from Atty. Solidon even after he failed to render any legal service within the contracted time of the engagement.[15]

X x x.




[1] Asa v. Castillo, A.C. No. 6501, August 31, 2006, 500 SCRA 309, 322.
[2] A.C. No. 3455, April 14, 1998, 288 SCRA 687, 690; cited in Pineda, LEGAL AND JUDICIAL ETHICS, p. 235 (1999 edition).
[3] A.C. No. 5486, August 15, 2001, 363 SCRA 1, 5.
[4] 443 Phil. 479, 486 (2003).
[5] 496 Phil. 1, 4 (2005).
[6] A.C. No. 5485, March 16, 2005, 453 SCRA 410, 418.
[7] Id. at  421.
[8] 497 Phil 348, 360 (2005), cited in Heirs of Ballesteros v. Apiag, A.C. No. 5760, September 30, 2005, 471 SCRA 111, 123.
[9]  A.C. No. 5760, September 30, 2005, 471 SCRA 111, 123.
[10] A.C. No. 7504, November 23, 2007, 538 SCRA 140,149.
[11] Enriquez v. San Jose, A.C. No. 3569, February 23, 2007, 516 SCRA 486, 489-490.
[12] Id. at 490.
[13] Ibid.
[14] Rollo, pp. 82-83.
[15] Villanueva v. Atty. Gonzales, A.C. No. 7657, February 12, 2008, 544 SCRA 410, 415.