Professional Documents
Culture Documents
ISSUE:
WON respondent violated Rule 15.03 of CPR. WON being a former lawyer of Taggatconflicts
with his role as Asst. Provincial Prosecutor
HELD:
The Supreme Court finds no conflict of interests when respondent handled
preliminaryinvestigation of criminal complaint filed by Taggat employees in 1997. The issue in
the criminalcomplaint pertains to non-payment of wages that occurred from April 1 1996
to July 15, 1997.Clearly, respondent was no longer connected with Taggat during that period
since he resignedsometime in 1992. In order to change respondent for representing conflicting
interests, evidencemust be presented to prove that respondent used against Taggat, his former
client, any
confidential information acquired thru his previous employment. It does not necessarily
followthat respondent used any confidential information from his previous
employment withcomplainant or Taggat in resolving the criminal complaint.As the former
Personnel Manager and Retained Counsel of Taggat and the case he resolved asgovt prosecutor was
labor-related is not a sufficient basis to charge respondent for representingconflicting interests. A
lawyers immutable duty to a former client does not cover transactionsthat occurred beyond the
lawyers employment with the client. The intent of the law is to imposeupon the lawyer the
duty to protect the clients interests only on matters that he previouslyhandled for the former
client and not for matters that arose after the lawyer-client relationshiphas terminated.
Thus, respondent is NOT guilty of violating Rule 15.03 of the Code.
As to the second issue, respondent clearly violated the prohibition in Ra 6718 which constitutes
aviolation of Rule 1.01 of Canon 1, which mandates that a lawyer shall not engage in
unlawful,dishonest, immoral or deceitful conduct.. The respondent here performed acts that
are usuallyrendered by lawyers with the use of their legal knowledge, the same falls within the ambit of
theterm practice of law. Respondents admission that he received from Taggat fees for legalservices while
serving as a govt prosecutor is unlawful conduct, which constitutes a violation of Rule 1.01.
LETICIA GONZALES vs ATTY. MARCELINO CABUCANA January 23, 2006
Sheriff Gatcheco and his wife went to the house of Gonzales, they harassed Gonzales and
askedher to execute an affidavit of desistance regarding her complaint, Gonzales thereafter filedagainst the
Gatchecos criminal cases for trespass, grave threats, grave oral defamation, simolecoercion and
unjust vexation; where respondents law firm was still representing Gonzales,herein respondent
represented the Gatchecos in the cases filed by Gonzales against the said sps.,respondent should be disbarred
from the practice of law since respondents acceptance of thecases of the Gatchecos violates the lawyer client
relationship between complainant andrespondents law firm and renders respondent liable under
CPR particularly Rules 10.01, 13.01,15.02, 15.03, 21.02 and 21.02. Respondent alleged that he
never appeared and represented of such case since it was his brother, Atty. Edmar Cabucana who
appeared and representedGonzales in said case. He admitted that he is representing Sheriff Gatcheco and his
wife in thecases filed against them bur claimed that his appearance is pro bono and that the sps pleadedwith
him as no other counsel was willing to take their case.
ISSUE:
Atty. Sabitsana moved to reconsider the above resolution, but the IBP Board of
Governors denied his motion.
The Issue
Whether Atty. Sabitsana is guilty of misconduct for representing conflicting
interests.
The Courts Ruling
The SC agreed with the findings and recommendations of the IBP Commissioner
and the IBP Board of Governors. The SC rules that the relationship between a
lawyer and his/her client should ideally be imbued with the highest level of trust
and confidence. This is the standard of confidentiality that must prevail to
promote a full disclosure of the clients most confidential information to his/her
lawyer for an unhampered exchange of information between them. Needless to
state, a client can only entrust confidential information to his/her lawyer based
on an expectation from the lawyer of utmost secrecy and discretion; the lawyer,
for his part, is duty-bound to observe candor, fairness and loyalty in all dealings
and transactions with the client. Part of the lawyers duty in this regard is to
avoid representing conflicting interests, a matter covered by Rule 15.03, Canon
15 of the Code of Professional Responsibility
Jurisprudence has provided three tests in determining whether a violation of the
above rule is present in a given case.
One test is whether a lawyer is duty-bound to fight for an issue or claim in
behalf of one client and, at the same time, to oppose that claim for the other
client. Thus, if a lawyers argument for one client has to be opposed by that
same lawyer in arguing for the other client, there is a violation of the rule.
Another test of inconsistency of interests is whether the acceptance of a new
relation would prevent the full discharge of the lawyers duty of undivided
fidelity and loyalty to the client or invite suspicion of unfaithfulness or doubledealing in the performance of that duty. Still another test is whether the lawyer
would be called upon in the new relation to use against a former client any
confidential information acquired through their connection or previous
employment
On the basis of the attendant facts of the case, substantial evidence proved to
support Atty. Sabitsanas violation of the above rule: first, he filed a case
against the complainant in behalf of Zenaida Caete; second, he impleaded the
complainant as the defendant in the case; and third, the case he filed was for
the annulment of the Deed of Sale that he had previously prepared and
FACTS:
charge.12 In fact, he obtained Maricars permission for him to withdraw from the case as no further
communications transpired after these two hearings. Likewise, he consulted Maricar before he
undertook to represent Emilio in the same case.13 He added that he had no knowledge of the fact
that the late Antonio had other heirs and, in this vein, asserted that no information was disclosed to
him by Maricar or their counsel of record at any instance.14 Finally, he clarified that his representation
for Emilio in the subject case was more of a mediator, rather than a litigator,15 and that since no
settlement was forged between the parties, he formally withdrew his appearance on December 6,
2007.16 In support of his assertions, respondent submitted the affidavits of Maricar17 and Atty.
Azarraga18 relative to his limited appearance and his consultation with Maricar prior to his
engagement as counsel for Emilio.
The Recommendation and Action of the IBP
In the Report and Recommendation19 dated September 15, 2008submitted by IBP Investigating
Commissioner Jose I. De La Rama, Jr.(Investigating Commissioner), respondent was found guilty of
representing conflicting interests only with respect to Karen as the records of the cases how that he
never acted as counsel for the other complainants. The Investigating Commissioner observed that
while respondent's withdrawal of appearance was with the express conformity of Maricar,
respondent nonetheless failed to obtain the consent of Karen, who was already of age and one of
the Heirs of Antonio, as mandated under Rule 15.03 of the Code.
ISSUE: The sole issue in this case is whether or not respondent is guilty of representing conflicting
interests in violation of Rule 15.03 of the Code.
HELD:
There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing
parties. The test is" whether or not in behalf of one client, it is the lawyer's duty to fight for an issue or
claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this
argument will be opposed by him when he argues for the other client." This rule covers not only
cases in which confidential communications have been confided, but also those in which no
confidence has been bestowed or will be used. Also, there is conflict of interests if the acceptance of
the new retainer will require the attorney to perform an act which will injuriously affect his first client
in any matter in which he represents him and also whether he will be called upon in his new relation
to use against his first client any knowledge acquired through their connection. Another test of the
inconsistency of interests is whether the acceptance of a new relation will prevent an attorney from
the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of
unfaithfulness or double dealing in the performance thereof.29 (Emphasis supplied; citations omitted)
It must, however, be noted that a lawyers immutable duty to a former client does not cover
transactions that occurred beyond the lawyers employment with the client. The intent of the law is to
impose upon the lawyer the duty to protect the clients interests only on matters that he previously
handled for the former client and not for matters that arose after the lawyer-client relationship has
terminated.30
Applying the above-stated principles, the Court agrees with the IBPs finding that respondent
represented conflicting interests and, perforce, must be held administratively liable therefor.
Records reveal that respondent was the collaborating counsel not only for Maricar as claimed by
him, but for all the Heirs of Antonio in Special Proceeding No. V-3639. In the course thereof, the
Heirs of Trinidad and the Heirs of Antonio succeeded in removing Emilio as administrator for having
committed acts prejudicial to their interests. Hence, when respondent proceeded to represent Emilio
for the purpose of seeking his reinstatement as administrator in the same case, he clearly worked
against the very interest of the Heirs of Antonio particularly, Karen in violation of the abovestated rule.
Respondent's justification that no confidential information was relayed to him cannot fully exculpate
him for the charges against him since the rule on conflict of interests, as enunciated in
Hornilla, provides an absolute prohibition from representation with respect to opposing parties in the
same case. In other words, a lawyer cannot change his representation from one party to the latters
opponent in the same case. That respondents previous appearances for and in behalf of the Heirs
of Antonio was only a friendly accommodation cannot equally be given any credence since the
aforesaid rule holds even if the inconsistency is remote or merely probable or even if the lawyer has
acted in good faith and with no intention to represent conflicting interests.31
1wphi1
Neither can respondent's asseveration that his engagement by Emilio was more of a mediator than a
litigator and for the purpose of forging a settlement among the family members render the rule
inoperative. In fact, even on that assertion, his conduct is likewise improper since Rule
15.04,32 Canon 15 of the Code similarly requires the lawyer to obtain the written consent of all
concerned before he may act as mediator, conciliator or arbitrator in settling disputes. Irrefragably,
respondent failed in this respect as the records show that respondent was remiss in his duty to make
a full disclosure of his impending engagement as Emilios counsel to all the Heirs of Antonio
particularly, Karen and equally secure their express written consent before consummating the
same. Besides, it must be pointed out that a lawyer who acts as such in settling a dispute cannot
represent any of the parties to it.33 Accordingly, for respondents violation of the aforestated rules,
disciplinary sanction is warranted.
Hornilla v Salunat
June 9, 2014
FACTS:
This legal battle stemmed when the complainant engaged the services of the respondent to
represent him and file a case for Declaration of Nullity of Marriage against his wife, Lourdes V.
Mendiola-Baens. In his complaint-affidavit dated March 15, 2010, the complainant alleged, among
others, that the respondent: (1) despite receiving the sum of 250,000.00 to cover for the expenses in
the said case,6 failed to file the corresponding petition, and it was the complainants wife who
successfully instituted Civil Case No. 2463-08,7 for Declaration of Nullity of Marriage on December 8,
2008; (2) even with the complainant furnishing him a copy of the Summons dated December 15,
2008,8 belatedly filed an Answer9 and was able to file it only on March 13, 2009 which was after the
15-day period stated in the Summons; (3) failed to make an objection on the petition on the ground
of improper venue as neither the complainant nor his wife were and are residents of Dasmarias,
Cavite; (4) never bothered to check the status of the case and thus failed to discover and attend all
the hearings set for the case; and (5) as a result, Civil Case No. 2463-08 was decided10 on October
27, 2009 without the complainant being able to present his evidence.
In his Answer,11 the respondent denied the allegations in the complaint, and explained that: (1) after
a meeting with the complainant, he drafted the Petition for Declaration of Nullity of Marriage and
asked the complainant to go over said draft after which he proceeded to file the same with the
Regional Trial Court (RTC) of Malabon City; (2) the complainant was aware that said petition will be
filed in Malabon City as the latter had signed the verification and certification of the petition; (3) the
case became pending and was later on withdrawn because of the complainants refusal to testify; (4)
what contributed to the delay in filing the Answer was the fact that he still had to let the complainant
go over the same and sign the verification thereof; (5) he was not able to attend the hearings for the
case because he did not receive any notice from the trial court; and (6) it was only on December 2,
2009 when he found out that the trial court has already rendered its decision and that the
complainant had changed counsels.
Specifically, the Investigating Commissioner found that the respondent failed to diligently attend to
the case and was grossly negligent in discharging his responsibilities considering the fact that he
has already been fully compensated. The Investigating Commissioner said that the respondent
should have manifested or made known to the trial court that he was not receiving any notice at all
since it behoves upon him to make a follow-up on the developments of the cases he is handling.
ISSUE:
Held:
It is beyond dispute that the complainant engaged the services of the respondent to handle his case.
The records, however, definitively bear out that the respondent was completely remiss and negligent
in handling the complainants case, notwithstanding his receipt of the sum of P250,000.00 for the
total expenses to be incurred in the said case.
The excuse proffered by the respondent that he did not receive any orders or notices from the trial
court is highly intolerable. In the first place, securing a copy of such notices, orders and case
records was within the respondents control and is a task that a lawyer undertakes. Moreso, the
preparation and the filing of the answer is a matter of procedure that fully fell within the exclusive
control and responsibility of the respondent. It was incumbent upon him to execute all acts and
procedures necessary and incidental to the advancement of his clients cause of action.
1wphi1
Records further disclose that the respondent omitted to update himself of the progress of his clients
case with the trial court, and neither did he resort to available legal remedies that might have
protected his clients interest. Although a lawyer has complete discretion on what legal strategy to
employ in a case entrusted to him, he must present every remedy or defense within the authority of
law to support his clients interest. When a lawyer agrees to take up a clients cause, he covenants
that he will exercise due diligence in protecting the latters rights.18
Evidently, the acts of the respondent plainly demonstrated his lack of candor, fairness, and loyalty to
his client as embodied in Canon 15 of the Code. A lawyer who performs his duty with diligence and
candor not only protects the interest of his client; he also serves the ends of justice, does honor to
the bar, and helps maintain the respect of the community to the legal profession.19
In this case, the respondents reckless and inexcusable negligence deprived his client of due
process and his actions were evidently prejudicial to his clients interests. A lawyers duty of
competence and diligence includes not merely reviewing the cases entrusted to his care or giving
sound legal advice, but also consists of properly representing the client before any court or tribunal,
attending scheduled hearings or conferences, preparing and filing the required pleadings,
prosecuting the handled cases with reasonable dispatch, and urging their termination even without
prodding from the client or the court.