LIBIT V OLIVA AC No.

2837 | October 7, 1994 | Per Curiam 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 misled by any artifice. Facts: Judge Domingo Panis in Pedro Cutingting v. Alfredo Tan ordered the NBI Director to conduct an investigation to determine the author of the falsified Sheriffs return in said case. As a result of which, the NBI charged respondents Attys. Edelson Oliva and Florando Umali for obstruction of justice. The case was referred to the Commission on Bar Discipline of the IBP. In view of NBIs report that Umalis signature in the complaint in the civil case was not his, the case was dismissed with respect to him. Issue: W/N respondent violated Code of Ethics Held: Yes. After the careful review of the record of the case and the report and recommendation of the IBP, the Court finds that respondent Atty. Edelson G. Oliva committed acts of misconduct which warrant the exercise by the Court of its disciplinary powers. The facts, as supported by the evidence, obtaining in this case indubitably reveal respondents failure to live up to his duties as a lawyer in consonance with the strictures of the lawyers oath, the Code of Professional Responsibility, and the Canons of Professional Ethics. A lawyers 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. In this case, respondent Atty. Edelson Oliva has manifestly violated that part of his oath as a lawyer that he shall not do any falsehood. He has likewise violated Rule 10.01 of the Code of Professional Responsibility which provides: 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 misled by any artifice. Accordingly, the Court resolved to impose upon Atty. Edelson Oliva the supreme penalty of DISBARMENT. His license to practice law in the Philippines is CANCELLED and the Bar Confidant is ordered to strike out his name from the Roll of Attorneys.