cases on ethics

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CANON 18

THIRD DIVISION

[A.C. No. 5687. February 3, 2005.]

FELIX E. EDQUIBAL, complainant,vs. ATTY.

ROBERTO FERRER, JR., respondent.

R E S O L U T I O N

SANDOVAL-GUTIERREZ, Jp:

In a letter-complaint1 under oath dated January 8, 2002, Felix E. Edquibal,

complainant, charged Atty. Roberto Ferrer, Jr., respondent, with professional

misconduct and neglect of duty.

Complainant alleged that he engaged the services of respondent to assist his

mother Ursula Edquibal in cases she filed against his sister Delia Edquibal-

Garcia involving a certain real property in Masinloc, Zambales. His mother

obtained favorable judgments in four (4) out of the five (5) cases handled by

respondent. However, in Civil Case No. RTC-1495-I (filed with the Regional Trial

Court, Branch 70, Iba, Zambales), the trial judge rendered a decision adverse to

his mother. Respondent then advised complainant to appeal to the Court of

Appeals and that the cost involved is P4,000.00. When complainant informed

respondent that he does not have enough money, the latter said P2,000.00 would

be sufficient for the moment. After receiving the money from complainant,

respondent told him just to wait for the result. The appeal was docketed as CA-

G.R. CV No. 65019.

When complainant failed to hear from respondent in January 2001, he went to

the Court of Appeals to follow-up the appealed case. He then learned that the

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appeal was dismissed for failure of the appellant to file the required appellant's

brief.

In his comment2 dated June 2, 2003, respondent denied that he filed an appeal,

on behalf of complainant's mother, with the Court of Appeals or receivedP2,000.00. What happened was that complainant told him that there is someone

in the Court of Appeals who can help him regarding his appeal. Respondent

claimed that he "did his best" for complainant's mother and did not even ask for

attorney's fees.HDICSa

On July 30, 2003, we referred the complaint to the Integrated Bar of the

Philippines (IBP) for investigation, report, and recommendation.

In his Report and Recommendation dated March 19, 2004, Atty. Leland R.Villadolid, IBP Commissioner, made the following findings:

"It is clear from the records of this case that per the records of CA-G.R.

CV No. 65019, Respondent is the counsel of record of defendants-

appellants therein (including Complainant's mother). In the Resolution

dated 31 August 2000, it was explicitly noted that '(N)otice sent to

counsel for defendants-appellants requiring him to file appellant's brief

within forty-five (45) days from receipt thereof was received by him onMarch 16, 2000.' If it is true that Respondent never agreed to handle the

appeal, upon receipt of said notice, Respondent should have

immediately manifested to the Court of Appeals that he is not handling

the appeal on behalf of said defendants-appellants. Thus, Section 2,

Rule 44 of the Rules of Civil Procedure clearly states that '[T]he counsel

and guardiansad litem of the parties in the court of origin shall be

respectively considered as their counsel and guardiansad litem in the

Court of Appeals.' By failing to do so, the Court of Appeals had every

reason to assume that he was likewise representing defendants-

appellants in the appeal. Accordingly, his failure to timely file the required

appellants' brief resulted in the dismissal of the appeal.



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The facts of this case clearly show that Respondent violated Canon 17

and 18 of the Code of Professional Responsibility ('CPR').

Undoubtedly, Respondent's failure to exercise due diligence in protecting

and attending to the interest of Complainant (Complainant's mother)caused the latter material prejudice. It should be remembered that the

moment a lawyer takes a client's cause, he covenants that he will exert

all effort for its prosecution until its final conclusion. A lawyer who fails to

exercise due diligence or abandons his client's cause makes him

unworthy of the trust reposed in him by the latter. . . ."

Atty. Villadolid recommended to the IBP Board of Governors that respondent be

reprimanded "for failure to act with reasonable diligence in representing thecause of complainant;" and that respondent be directed to "return the amount of

P2,000.00 as and by way of restitution to complainant."

In its Resolution No. XVI-2004-383 dated July 30, 2004, the IBP Board of

Governors adopted and approved the Report and Recommendation of Atty.

Villadolid, thus:

"RESOLVED TO ADOPT and APPROVE, as it is hereby ADOPTED and

APPROVED, the Report and Recommendation of the InvestigatingCommissioner of the above-entitled case, herein made part of the

Resolution as Annex "A"; and, finding the recommendation fully

supported by the evidence on record and the applicable laws and rules,

and considering the respondent's failure to act with reasonable diligence

in representing the cause of complainant, Atty. Roberto Ferrer, Jr., is

hereby REPRIMANDED and Ordered to Return the amount of P2,000.00

by way of Restitution to complainant."3

We sustain the Resolution of the IBP Board of Governors except as to the penalty

recommended.

Records show that respondent was thecounsel of recordfor the appellants,

complainant's mother and other relatives in CA-G.R. CV No. 65019. The

Resolution of the Court of Appeals dated August 31, 2000 clearly states that the



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"notice sent to counsel for defendants-appellants requiring him to file appellant's

brief within forty-five (45) days from receipt thereof, was received by him on

March 16, 2000."4 However, respondent failed to file the appellants' brief despite

receipt of such notice.

Section 2, Rule 44 of the 1997 Rules of Civil Procedure, as amended, provides:

SEC. 2.Counsel and guardians. — Thecounsel and guardiansad litem

of the parties in the court of origin shall be respectively considered as

their counsel and guardiansad litem in the Court of Appeals. When

others appear or are appointed, notice thereof shall be served

immediately on the adverse party and filed with the court.

If it were true that respondent did not agree to represent the appellants in CA-G.R. CV No. 65019, why did he not file with the Court of Appeals a motion to

withdraw as their counsel? Obviously, his negligence, which resulted in the

dismissal of the appeal, caused prejudice to his clients. Likewise, respondent's

failure to inform complainant of the status of his mother's appeal is inexcusable.

It bears stressing that the lawyer-client relationship is one of trust and confidence.

Thus, there is a need for the client to be adequately and fully informed about the

developments in his case.5 A client should never be left groping in the dark, for todo so would be to destroy the trust, faith, and confidence reposed in the lawyer

so retained in particular and the legal profession in general.

Respondent violated Canons 17 and 18 of the Code of Professional

Responsibility, which provide:

"Canon 17 — A lawyer owes fidelity to the cause of his client and he

shall be mindful of the trust and confidence reposed in him.

Canon 18 — A lawyer shall serve his client with competence

anddiligence.

Rule 18.03 — A lawyer shall not neglect a legal matter entrusted to him,

and his negligence in connection therewith shall render him liable.

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Rule 18.04 — A lawyer shall keep the client informed of the status of his

case and shall respond within a reasonable time to his client's request

for information."DTAHEC

Diligence is "the attention and care required of a person in a given situation andis the opposite of negligence."6 A lawyer serves his client with diligence by

adopting that norm of practice expected of men of good intentions. He thus owes

entire devotion to the interest of his client, warm zeal in the defense and

maintenance of his rights, and the exertion of his utmost learning, skill, and ability

to ensure that nothing shall be taken or withheld from him, save by the rules of

law legally applied.7 It is axiomatic in the practice of law that the price of success

is eternal diligence to the cause of the client.

The practice of law does not require extraordinary diligence (exactissima

diligentia) or that "extreme measure of care and caution which persons of

unusual prudence and circumspection use for securing and preserving their

rights."8 All that is required is ordinary diligence (diligentia) or that degree of

vigilance expected of abonus pater familias. Yet, even by this lesser standard,

respondent's failure to attend to his client's appeal is clearly wanting.

InPeople v. Cawili,9 we held that the failure of counsel to submit the brief within

the reglementary period is an offense that entails disciplinary action.People v.

Villar, Jr.10 characterized a lawyer's failure to file a brief for his client as

inexcusable neglect. InBlaza v. Court of Appeals,11 we held that the filing of a

brief within the period set by law is a duty not only to the client, but also to the

court.Perla Compania de Seguros, Inc. v. Saquilaban 12 reiteratedFord v.

Daitol 13 andIn re: Santiago F. Marcos 14 in holding that an attorney's failure to file

brief for his client constitutes inexcusable negligence.

In cases involving a lawyer's failure to file a brief or other pleading before an

appellate court, we did not hesitate to suspend the erring member of the Bar from

the practice of law for three months,15 six months,16 or even disbarment in

severely aggravated cases.17

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Accordingly and considering the circumstances of this case, we find a need to

scale the recommended penalty upward. Here, we are convinced that respondent

deserves the penalty of suspension for three (3) months.

WHEREFORE, ATTY. ROBERTO FERRER, JR. is hereby found guilty ofprofessional misconduct and neglect of duty. He is SUSPENDED from the

practice of law for three (3) months with a WARNING that a repetition of the same

or a similar offense shall be dealt with more severely. He is further DIRECTED to

return immediately to the complainant the amount of P2,000.00.

Let copies of this Decision be furnished the Bar Confidant, the Integrated Bar of

the Philippines and all courts throughout the country.

SO ORDERED.

||| (Edquibal v. Ferrer, Jr., A.C. No. 5687, [February 3, 2005], 491 PHIL 1-8)

SECOND DIVISION

[A.C. No. 6504. August 9, 2005.]

GEORGE C. SOLATAN, complainant,vs. ATTYS. OSCAR

A. INOCENTES and JOSE C. CAMANO, respondents.

Florando A. Umalifor complainant.

SYLLABUS

1. LEGAL ETHICS; ATTORNEYS; AN ATTORNEY GIVING LEGAL ADVICE TO

A PARTY WITH AN INTEREST CONFLICTING WITH THAT OF HIS CLIENT

RESULTING IN DETRIMENT TO THE LATTER MAY BE HELD GUILTY OF


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DISLOYALTY. — The relation of attorney and client begins from the time an

attorney is retained. An attorney has no power to act as counsel or legal

representative for a person without being retained. To establish the professional

relation, it is sufficient that the advice and assistance of an attorney are sought

and received in any manner pertinent to his profession. At the time the

questioned statement was made, Atty. Camano had called the police to restrain

complainant from surreptitiously pulling out the levied properties from the

apartment complex by virtue of which the latter was brought to the police station

for questioning. The statement was made in response to complainant's insistence

at the police station that the levied properties were owned by him and not by the

judgment debtor. No employment relation was offered or accepted in the instant

case. More fitting, albeit, to the mind of this Court, inapplicable to the case, isCanon 15 of the same Code which encompasses the aforementioned rule. In

general terms, Canon 15 requires lawyers to observe loyalty in all dealings and

transactions with their clients. Unquestionably, an attorney giving legal advice to

a party with an interest conflicting with that of his client resulting in detriment to

the latter may be held guilty of disloyalty. However, far be it that every utterance

of an attorney which may have afforded an individual some relief adverse to the

former's client may be labeled as a culpable act of disloyalty. As in every case,

the acts alleged to be culpable must be assessed in light of the surrounding

circumstances.

2. ID.; ID.; RECOMMENDED ONE (1) YEAR SUSPENSION FROM THE

PRACTICE OF LAW BASED ON RESPONDENT'S OTHER CULPABLE ACTS

WHICH TEND TO DEGRADE THE PROFESSION AND FOMENT DISTRUST IN

THE INTEGRITY OF COURT PROCESSES STANDS. — While the levy was

made on chattel found in the apartment of the judgment debtor, Gliceria Solatan,

the complainant was the true owner of the properties. Consequently, the latterhad a right to recover the same. In fact, considering the circumstances, the

questioned statement is in consonance with complainant's foremost duty to

uphold the law as an officer of the court. The statement of Atty. Camano in such

a context should not be construed by this Court as giving advice in conflict

against the interest of the spouses Genito as in fact the latter have no interest


8/39

over the incorrectly levied properties. We note that the act of informing

complainant that the levied properties would be returned to him upon showing

proof of his ownership thereof may hint at infidelity to the interest of the spouses

Genito, but, in this circumstance, lacks the essence of double dealing and

betrayal of the latter's confidence so as to deserve outright categorization as

infidelity or disloyalty to his clients' cause. Nonetheless, after having noted the

foregoing, we remain convinced with the propriety of meting the one (1) year

suspension from the practice of law on Atty. Camano, as recommended by the

IBP, based on his other culpable acts which tend to degrade the profession and

foment distrust in the integrity of court processes.

3. ID.; ID.; NAME PRACTITIONER OF LAW OFFICE MAY BE HELD

ADMINISTRATIVELY LIABLE BY VIRTUE OF HIS ASSOCIATE'S UNETHICAL

ACTS; FAILURE TO EXERCISE CERTAIN RESPONSIBILITIES OVER

MATTERS UNDER THE CHARGE OF HIS LAW FIRM IS A BLAMEWORTHY

SHORTCOMING. — Atty. Inocentes seeks to distance himself from the events

that transpired and the reprimand resulting therefrom by asserting that he was

incorrectly punished for Atty. Camano's acts when his mere participation in the

fiasco was to refer complainant and his mother to Atty. Camano. However, it is

precisely because of such participation, consisting as it did of referring thecomplainant to his associate lawyer, that Atty. Inocentes may be held

administratively liable by virtue of his associate's unethical acts. His failure to

exercise certain responsibilities over matters under the charge of his law firm is a

blameworthy shortcoming. The term "command responsibility," as

Atty. Inocentes suggests, has special meaning within the circle of men in uniform

in the military; however, the principle does not abide solely therein. It controls the

very circumstance in which Atty. Inocentes found himself.

4. ID.; ID.; ID.; AS NAME PRACTITIONER OF THE LAW OFFICE,

RESPONDENT IS TASKED WITH THE RESPONSIBILITY TO MAKE

REASONABLE EFFORTS TO ENSURE THAT ALL LAWYERS IN THE FIRM

SHOULD ACT IN CONFORMITY WITH THE CODE OF PROFESSIONAL

RESPONSIBILITY. — We are not unaware of the custom of practitioners in a law


9/39

firm of assigning cases and even entire client accounts to associates or other

partners with limited supervision, if at all. This is especially true in the case of

Attys.Inocentes and Camano who, from the records, both appear to be seasoned

enough to be left alone in their work without requiring close supervision over

each other's conduct and work output. However, let it not be said that law firm

practitioners are given a free hand to assign cases to seasoned attorneys and

thereafter conveniently forget about the case. To do so would be a disservice to

the profession, the integrity and advancement of which this Court must jealously

protect. That the firm name under which the two attorneys labored was that of

Oscar Inocentes and Associates Law Office does not automatically make

Atty. Inocentes the default lawyer acting in a supervisory capacity over Atty.

Camano. It did, however, behoove Atty. Inocentes to exert ordinary diligence tofind out what was going on in his law firm. It placed in Atty. Inocentes the active

responsibility to inquire further into the circumstances affecting the levy of

complainant's properties, irrespective of whether the same were in fact events

which could possibly lead to administrative liability. Moreover, as name

practitioner of the law office, Atty. Inocentes is tasked with the responsibility to

make reasonable efforts to ensure that all lawyers in the firm should act in

conformity to the Code of Professional Responsibility. It is not without reason or

consequence that Atty. Inocentes's name is that which was used as the official

designation of their law office.

5. ID.; ID.; PARTNERS AND PRACTITIONERS WHO HOLD SUPERVISORY

CAPACITIES ARE LEGALLY RESPONSIBLE TO EXERT ORDINARY

DILIGENCE IN APPRISING THEMSELVES OF THE COMINGS AND GOINGS

OF THE CASES HANDLED BY THE PERSONS OVER WHICH THEY ARE

EXERCISING SUPERVISORY AUTHORITY AND IN EXERCISING

NECESSARY EFFORTS TO FORECLOSE THE OCCURRENCE OFVIOLATIONS OF THE CODE OF PROFESSIONAL RESPONSIBILITY BY

PERSONS UNDER THEIR CHARGE. — Law practitioners are acutely aware of

the responsibilities that are naturally taken on by partners and supervisory

lawyers over the lawyers and non-lawyers of the law office. We have held that

lawyers are administratively liable for the conduct of their employees in failing to


10/39

timely file pleadings. In Rheem of the Philippines, Inc., et al. v. Zoilo R. Ferrer, et

al., partners in a law office were admonished for the contemptuous language in a

pleading submitted to court despite, and even due to, the fact that the pleading

was not passed upon by any of the partners of the office. We held therein that

partners are duty bound to provide for efficacious control of court pleadings and

other court papers that carry their names or the name of the law firm. We now

hold further that partners and practitioners who hold supervisory capacities are

legally responsible to exert ordinary diligence in apprising themselves of the

comings and goings of the cases handled by the persons over which they are

exercising supervisory authority and in exerting necessary efforts to foreclose the

occurrence of violations of the Code of Professional Responsibility by persons

under their charge. Nonetheless, the liability of the supervising lawyer in thisregard is by no means equivalent to that of the recalcitrant lawyer. The actual

degree of control and supervision exercised by said supervising lawyer varies,

inter alia, according to office practice, or the length of experience and

competence of the lawyer supervised. Such factors can be taken into account in

ascertaining the proper penalty. Certainly, a lawyer charged with the supervision

of a fledgling attorney prone to rookie mistakes should bear greater responsibility

for the culpable acts of the underling than one satisfied enough with the work and

professional ethic of the associate so as to leave the latter mostly to his/her own

devises.

D E C I S I O N

TINGA, Jp:

The present case focuses on a critical aspect of the lawyer-client relationship —

the duty of loyalty. The fidelity lawyers owe their clients is traditionally

characterized as "undivided." This means that lawyers must represent their

clients and serve their needs without interference or impairment from any

conflicting interest.


11/39

This administrative case traces its roots from the manner by which Attys. Jose C.

Camano and Oscar A. Inocentes responded to the efforts of complainant, George

C.Solatan, to lease a certain Quezon City apartment belonging to the attorneys'

clients. On the basis of acts branded by the Integrated Bar of the Philippines

(IBP) as "bordering on technical extortion," accepting funds and giving unsolicited

advice to an adverse party, and casting doubts as to the procedure of levy, the

IBP resolved1to recommend the suspension of Atty. Camano from the practice of

law for one (1) year. It likewise recommended the reprimand of Atty. Inocentes,

whom it held liable for the aforementioned acts of his associate, under the

principle of command responsibility.

Only Atty. Inocentes has elected to contest the resolution of the IBP, as he

questions the propriety of his being held administratively liable for acts done by

Atty. Camano.2 However, the recommendation to suspend Atty. Camano shall

also be passed upon by virtue of Section 12, Rule 139-B of the Rules of Court.3

Attys. Inocentes and Camano were both engaged in the practice of law under the

firm name ofOscar Inocentes and Associates Law Office. Atty. Inocentes held

office in his home located at No. 19 Marunong St., Central District, Quezon City,

while Atty. Camano was stationed at an "extension office" of the firm located in

3rd/F, 956 Aurora Blvd., Quirino Dist., Quezon City.

TheOscar Inocentes and Associates Law Office was retained by spouses Andres

and Ludivina Genito (spouses Genito), owners of an apartment complex (the

Genito Apartments) located at 259 Tandang Sora cor. Visayas Avenue, Quezon

City, when the Genito Apartments were placed under sequestration by the

Presidential Commission on Good Government (PCGG) on 9 July 1986.4 The

law office represented the spouses Genito before the PCGG and the

Sandiganbayan, and subsequently, with authority from the PCGG,5 in ejectmentcases against non-paying tenants occupying the Genito Apartments.6

Complainant's sister, Gliceria Solatan, was a tenant in Door 10, Phase B of the

Genito Apartments. It appears from the records that Gliceria Solatan left for the

United States in 1986, and since then, the apartment was either intermittently

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12/39

used by members of her family or placed under the charge of caretakers.7 In

August 1987, a complaint for ejectment for non-payment of rentals was filed

against Gliceria Solatan.8 On 3 March 1988, in a judgment by default,

aDecision 9 was rendered ordering Gliceria Solatan to vacate the premises of the

apartment, pay the spouses Genito the amount of Thirty Thousand Six Hundred

Pesos (P30,600.00) as unpaid rentals from February 1986 to July 1987 with

interest at 24% per annum from 20 August 1987 until the premises are vacated,

Ten Thousand Pesos (P10,000.00) as attorney's fees, and costs of the suit.10

Complainant was occupying the subject apartment when he learned of the

judgment rendered against his sister. On 10 May 1988, prior to the

implementation of a writ to execute the judgment, complainant and his mother,

Elvira Solatan, approached Atty. Inocentes at his home office. Complainant

informed Atty. Inocentes of his desire to arrange the execution of a lease contract

by virtue of which complainant would be the new lessee of the apartment and

thus make possible his continued stay therein. Atty. Inocentes referred

complainant and his mother to his associate, Atty. Camano, the attorney in

charge of the ejectment cases against tenants of the Genito apartments. After the

exchange, complainant went to Atty. Camano at the satellite office of

Atty. Inocentes's firm. From here on out, events quickly turned sour. Differentversions of subsequent events were presented. The facts reproduced hereunder

are by and large culled from the findings of the IBP Investigating Commissioner,

Siegfred B. Mison.cEASTa

During the meeting with Atty. Camano, a verbal agreement was made in which

complainant and his mother agreed to pay the entire judgment debt of

Gliceria Solatan, including fifty percent of the awarded attorney's fees and One

Thousand Six Hundred Pesos (P1,600.00) as costs of suit provided that Atty.

Camano would allow complainant's continued stay at Door 10, Phase B of the

Genito Apartments. As partial compliance with the agreement, complainant

issued in the name Atty. Camano a check for Five Thousand Pesos (P5,000.00)

representing half of the P10,000.00 attorney's fees adjudged against

complainant's sister.

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13/39

Complainant and his mother failed to make any other payment. Thus, the sheriff

in coordination with Atty. Camano and some policemen, enforced the writ of

execution on 22 June 1988 and levied the properties found in the subject

apartment. An attempt at renegotiation took place at the insistence of

complainant, resulting in Atty. Camano's acquiescence to release the levied

properties and allowing complainant to remain at the apartment, subject to the

latter's payment of costs incurred in enforcing the writ of execution and issuance

of postdated checks representing installment rental payments. Complainant, thus,

issued four (4) checks drawn on Far East Bank and Trust Company dated the

fifteenth (15th) of July, August, September, and October 1988 each in the amount

of Three Thousand Four Hundred Pesos (P3,400.00).11 Half of the amount

represented complainant's monthly rental, while the other half, a monthlyinstallment for the payment of Gliceria Solatan's judgment debt.

On 28 June 1988, acting on the advice of Atty. Camano, complainant presented

an Affidavit of Ownership to the sheriff who then released the levied items to

complainant. However, aNorthern Hill 3-burner gas stove was not returned to

complainant. The stove was in fact kept by Atty. Camano in the unit of the Genito

Apartments wherein he temporarily stayed12 and, thereafter, turned over the

same to a certain Recto Esberto, caretaker of the Genito Apartments.13

On 1 August 1988, complainant filed the instant administrative case for

disbarment against Atty. Inocentes and Atty. Camano.14 After formal

investigation, and despite conflicting testimonies on the tenor and content of

agreements and conversations, several disturbing facts were revealed to have

been uncontroverted — Atty. Camano's acceptance from complainant of

attorney's fees and the costs of implementing the writ of execution, possession of

complainant's leviedNorthern Hill oven, and advice to complainant on how to

recover the latter's levied items. Thus, IBP Investigating Commissioner Siegfred

B. Mison, made the following recommendations,viz:

Based on the facts revealed in their respective Memoranda, the penalty

of six (6) months suspension is therefore recommended to be imposed

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14/39

on Respondent Camano for committing the following acts that adversely

reflects (sic) on his moral fitness to continue to practice law[:]

1. He received money (P5,000 then P1,000) from the adverse

party purportedly for attorneys fees and for reimbursement ofsheriff's expenses. Such act ofaccepting funds from the

adverse party in the process of implementing a writ, borders

on technical extortion particularly in light of the factual

circumstances as discussed.

2. He gave unsolicited advice to the adverse party in suggesting

the filing of an Affidavit of Ownership over the levied properties,

asuggestion evidently in conflict with [the interest of] hisown client, supposedly, the Genitos.

3. Hefailed to turn over the gas stove to either party thereby

casting doubt as to the procedure of the levy.

Based on the facts revealed, the penalty of Reprimand is therefore

recommended to be imposed on Respondent Inocentes for committing

the following acts that adversely reflects (sic) in his fitness to continue to

practice law[:]

1. Heallowed Camano to perform all the aforementioned

acts, either by negligence or inadvertence which are inimical to

the legal profession. He cannot claim ignorance or feign

innocence in this particular transaction considering that the

Complainants themselves went to his office on different occasions

regarding this transaction. Ultimately,he exercised command

responsibility over the case and had supervisory control

over Respondent Camano inasmuch as he received periodic

reports either by phone or in person from the latter.

2. The letter disclaimer executed by Mr. Genito filed by

Respondent Inocentes does not mitigate any liability whatsoever

since the wrongdoing done against the profession cannot be


15/39

undone by a mere letter from a third party.15 (Emphasis

supplied.)

The IBP Board of Governors approved the aforequoted recommendation, with the

modification of an increase in Atty. Camano's period of suspension from six (6)months to one (1) year, in a resolution stating,viz:

RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and

APPROVED, the Report and Recommendation of the of the Investigating

Commissioner . . . finding the recommendation fully supported by the

evidence on record and the applicable laws and rules, with modification,

and for accepting funds from adverse party in the process of

implementing a writ borders on technical extortion, for giving unsolicitedadvice to the adverse party a suggestion evidently in conflict with [the

interest of] his own client and for casting doubts to the procedure of the

levy, Atty. Jose C. Camano is hereby SUSPENDED from the practice of

law for one (1) year, likewise, Atty. Oscar Inocentes is hereby

REPRIMANDED for he exercised command responsibility over the case

inasmuch as he received periodic reports either by phone or in

person.16

The IBP held that Atty. Camano's act of giving unsolicited advice to complainant

is a culpable act because the advice conflicted with the interest of his clients, the

spouses Genito. The rule on conflicting interests, established in Rule 15.03 of the

Code of Professional Responsibility, deals with conflicts in the interests of an

attorney's actual clients among themselves, of existing and prospective clients,

and of the attorney and his clients. It states that a lawyer shall not represent

conflicting interests except by written consent of all concerned given after a full

disclosure of the facts.SEcAIC

The relation of attorney and client begins from the time an attorney is

retained.17 An attorney has no power to act as counsel or legal representative for

a person without being retained.18 To establish the professional relation, it is

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sufficient that the advice and assistance of an attorney are sought and received

in any manner pertinent to his profession.19 At the time the questioned statement

was made, Atty. Camano had called the police to restrain complainant from

surreptitiously pulling out the levied properties from the apartment complex by

virtue of which the latter was brought to the police station for questioning. The

statement was made in response to complainant's insistence at the police station

that the levied properties were owned by him and not by the judgment

debtor.20 No employment relation was offered or accepted in the instant case.

More fitting, albeit, to the mind of this Court, inapplicable to the case, is Canon 15

of the same Code which encompasses the aforementioned rule. In general

terms, Canon 15 requires lawyers to observe loyalty in all dealings and

transactions with their clients.21 Unquestionably, an attorney giving legal advice

to a party with an interest conflicting with that of his client resulting in detriment to

the latter may be held guilty of disloyalty. However, far be it that every utterance

of an attorney which may have afforded an individual some relief adverse to the

former's client may be labeled as a culpable act of disloyalty. As in every case,

the acts alleged to be culpable must be assessed in light of the surrounding

circumstances.

While the levy was made on chattel found in the apartment of the judgmentdebtor, Gliceria Solatan, the complainant was the true owner of the properties.

Consequently, the latter had a right to recover the same. In fact, considering the

circumstances, the questioned statement is in consonance with complainant's

foremost duty to uphold the law as an officer of the court. The statement of Atty.

Camano in such a context should not be construed by this Court as giving advice

in conflict against the interest of the spouses Genito as in fact the latter have no

interest over the incorrectly levied properties.

We, thus, note that the act of informing complainant that the levied properties

would be returned to him upon showing proof of his ownership thereof may hint at

infidelity to the interest of the spouses Genito, but, in this circumstance, lacks the

essence of double dealing and betrayal of the latter's confidence so as to

deserve outright categorization as infidelity or disloyalty to his clients' cause.

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Nonetheless, after having noted the foregoing, we remain convinced with the

propriety of meting the one (1) year suspension from the practice of law on Atty.

Camano, as recommended by the IBP, based on his other culpable acts which

tend to degrade the profession and foment distrust in the integrity of court

processes.

On the other hand, Atty. Inocentes seeks to distance himself from the events that

transpired and the reprimand resulting therefrom by asserting that he was

incorrectly punished for Atty. Camano's acts when his mere participation in the

fiasco was to refer complainant and his mother to Atty. Camano.

However, it is precisely because of such participation, consisting as it did of

referring the complainant to his associate lawyer, that Atty. Inocentes may be heldadministratively liable by virtue of his associate's unethical acts. His failure to

exercise certain responsibilities over matters under the charge of his law firm is a

blameworthy shortcoming. The term "command responsibility," as

Atty. Inocentes suggests, has special meaning within the circle of men in uniform

in the military; however, the principle does not abide solely therein. It controls the

very circumstance in which Atty. Inocentes found himself.

We are not unaware of the custom of practitioners in a law firm of assigning

cases and even entire client accounts to associates or other partners with limited

supervision, if at all. This is especially true in the case of Attys. Inocentes and

Camano who, from the records, both appear to be seasoned enough to be left

alone in their work without requiring close supervision over each other's conduct

and work output. However, let it not be said that law firm practitioners are given a

free hand to assign cases to seasoned attorneys and thereafter conveniently

forget about the case. To do so would be a disservice to the profession, the

integrity and advancement of which this Court must jealously protect.HScCEa

That the firm name under which the two attorneys labored was that

ofOscar Inocentes and Associates Law Office does not automatically make

Atty. Inocentes the default lawyer acting in a supervisory capacity over Atty.

Camano. It did, however, behoove Atty. Inocentes to exert ordinary diligence to


18/39

find out what was going on in his law firm. It placed in Atty. Inocentes the active

responsibility to inquire further into the circumstances affecting the levy of

complainant's properties, irrespective of whether the same were in fact events

which could possibly lead to administrative liability. Moreover, as name

practitioner of the law office, Atty. Inocentes is tasked with the responsibility to

make reasonable efforts to ensure that all lawyers in the firm should act in

conformity to the Code of Professional Responsibility.22 It is not without reason

or consequence that Atty. Inocentes's name is that which was used as the official

designation of their law office.

With regard to the actual existence of Atty. Inocentes's supervisory capacity over

Atty. Camano's activities, the IBP Investigating Commissioner based the same on

his finding that Atty. Inocentes received periodic reports from Atty. Camano on

the latter's dealings with complainant. This finding is the linchpin of

Atty. Inocentes's supervisory capacity over Atty. Camano and liability by virtue

thereof.

Law practitioners are acutely aware of the responsibilities that are naturally taken

on by partners and supervisory lawyers over the lawyers and non-lawyers of the

law office. We have held that lawyers are administratively liable for the conduct of

their employees in failing to timely file pleadings.23 InRheem of the Philippines,Inc., et al.v. Zoilo R. Ferrer, et al.,24 partners in a law office were admonished for

the contemptuous language in a pleading submitted to court despite, and even

due to, the fact that the pleading was not passed upon by any of the partners of

the office. We held therein that partners are duty bound to provide for efficacious

control of court pleadings and other court papers that carry their names or the

name of the law firm.25

We now hold further that partners and practitioners who hold supervisorycapacities are legally responsible to exert ordinary diligence in apprising

themselves of the comings and goings of the cases handled by the persons over

which they are exercising supervisory authority and in exerting necessary efforts

to foreclose the occurrence of violations of the Code of Professional

Responsibility by persons under their charge. Nonetheless, the liability of the

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19/39

supervising lawyer in this regard is by no means equivalent to that of the

recalcitrant lawyer. The actual degree of control and supervision exercised by

said supervising lawyer varies,inter alia, according to office practice, or the

length of experience and competence of the lawyer supervised. Such factors can

be taken into account in ascertaining the proper penalty. Certainly, a lawyer

charged with the supervision of a fledgling attorney prone to rookie mistakes

should bear greater responsibility for the culpable acts of the underling than one

satisfied enough with the work and professional ethic of the associate so as to

leave the latter mostly to his/her own devises.

While Atty. Camano's irregular acts perhaps evince a need for greater

supervision of his legal practice, there is no question that it has been

Atty. Inocentes' practice to allow wide discretion for Atty. Camano to practice on

his own. It does constitute indifference and neglect for Atty. Inocentes to fail to

accord even a token attention to Atty. Camano's conduct which could have

brought the then impending problem to light. But such is not equivalent to the

proximate responsibility for Atty. Camano's acts. Moreover, it appears from the

records that Atty. Inocentes is a former judge and a lawyer who, as of yet, is in

good standing and it is the first time in which Atty.Inocentes has been made to

answer vicariously for the misconduct of a person under his charge. Anadmonition is appropriate under the circumstances.

WHEREFORE, PREMISES CONSIDERED, thePetition is hereby GRANTED.

The Resolution dated 16 April 2004 is AFFIRMED in respect of the sanction

meted out on Atty. Camano. Atty. Inocentes is hereby ADMONISHED to monitor

more closely the activities of his associates to make sure that the same are in

consonance with the Code of Professional Responsibility with the WARNING that

repetition of the same or similar omission will be dealt with more severely.

No pronouncement as to costs.IDASHa

SO ORDERED.

||| (Solatan v. Inocentes, A.C. No. 6504, [August 9, 2005], 503 PHIL 622-636)


20/39

FIRST DIVISION

[A.C. No. 3455. April 14, 1998.]

ARSENIO A. VILLAFUERTE, complainant,vs. ATTY. DANTE

H. CORTEZ, respondent.

Public Attorney's Office for petitioner.

Atty. Elias I. de los Reyes for respondent.

SYNOPSIS

Sometime in January 1987, complainant went to the office of respondent lawyer

to discuss his case for "reconveyance." During their initial meeting, complainant

tried to reconstruct before respondent the incidents of the case merely from

memory prompting the latter to ask complainant to instead return at another time

with the records of the case. Complainant returned but still without the records.

He requested respondent to accept the case, paying to the latter P1,750.00

representing the acceptance fee of P1,500.00 and P250.00 retainer fee fromJanuary 1987.IDASHa

Complainant never showed up thereafter until November 1989 when he went to

the office of respondent but only to leave a copy of a writ of execution in a case

for ejectment, which, according to respondent, was never mentioned to him by

complainant.

In its report, the Commission on Discipline of the IBP concluded that the facts

established would indicate sufficiently a case of neglect of duty on the part ofrespondent. It recommended to the IBP Board of Governors the suspension of

respondent from the practice of law for three months.AHcDEI

The Court ruled that respondent has been remiss in his responsibilities. A lawyer-

client relationship has arisen between respondent and complainant. His


21/39

acceptance of the payment effectively bars him from altogether disclaiming the

existence of an attorney-client relationship between them. It would seem that

respondent hardly has exerted any effort to find out what might have happened to

his client's cases.

Respondent is hereby suspended from the practice of law for a period of one

month from notice hereof, with a warning that a repetition of similar acts will be

dealt with more severely.ESHAIC

SYLLABUS

1. LEGAL ETHICS; LAWYER-CLIENT RELATIONSHIP; GIVEN THE

CIRCUMSTANCES, A LAWYER-CLIENT RELATIONSHIP HAS ARISEN

BETWEEN RESPONDENT AND COMPLAINANT; REASON. — The Court is

convinced that a lawyer-client relationship, given the circumstances, has arisen

between respondent and complainant. Respondent lawyer has admitted having

received the amount of P1,750.00, including its nature and purpose, from

complainant. His acceptance of the payment effectively bars him from altogether

disclaiming the existence of an attorney-client relationship between them. It would

not matter really whether the money has been intended to pertain only to CivilCase No. 83-18877 or to include Civil Case No. 062160-CV, there being no

showing, in any event, that respondent lawyer has attended to either of said

cases. It would seem that he hardly has exerted any effort to find out what might

have happened to his client's cases. A lawyer's fidelity to the cause of his client

requires him to be ever mindful of the responsibilities that should be expected of

him. He is mandated to exert his best efforts to protect, within bounds of the law,

the interests of his client. The Code of Professional Responsibility cannot be any

clearer in its dictum than when it has stated that a "lawyer shall serve his client

with competence and diligence," decreeing further that he "shall not neglect a

legal matter entrusted to him."

2. ID.; SUSPENSION; AS PENALTY FOR NEGLECTING A LEGAL MATTER

ENTRUSTED TO HIM. — All considered, the Court deems it proper to reduce the


22/39

recommended period of suspension of the IBP from three months to one month.

Atty. Dante H. Cortez is hereby suspended from the practice of law for a period of

one month from notice hereof, with a warning that a repetition of similar acts and

other administrative lapses will be dealt with more severely than presently.

R E S O L U T I O N

VITUG, Jp:

Feeling aggrieved by what he perceives to be a neglect in the handling of his

cases by respondent lawyer, despite the latter's receipt of P1,750.00 acceptanceand retainer fees, complainant Arsenio A. Villafuerte seeks, in the instant

proceedings, the disbarment of Atty. Dante H. Cortez.cdasia

From the records of the case and the Report submitted by the Commission on

Bar Discipline ("CBD") of the Integrated Bar of the Philippines ("IBP"), it would

appear that sometime in January 1987, complainant, upon the referral of Atty.

Rene A. V. Saguisag, went to the office of respondent lawyer to discuss his case

for "reconveyance" (Civil Case No. 83-18877). During their initial meeting,

complainant tried to reconstruct before respondent lawyer the incidents of the

case merely from memory prompting the latter to ask complainant to instead

return at another time with the records of the case. On 30 January 1987,

complainant again saw respondent but stillsans the records. Complainant

requested respondent to accept the case, paying to the latter the sum of

P1,750.00 representing the acceptance fee of P1,500.00 and P250.00 retainer

fee for January 1987. Respondent averred that he accepted the money with

much reluctance and only upon the condition that complainant would get therecords of the case from, as well as secure the withdrawal of appearance of, Atty.

Jose Dizon, the former counsel of complainant. Allegedly, complainant never

showed up thereafter until November 1989 when he went to the office of

respondent lawyer but only to leave a copy of a writ of execution in Civil Case No.

062160-CV, a case for ejectment, which, according to respondent, was never


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priorly mentioned to him by complainant. Indeed, said respondent, he had never

entered his appearance in the aforenumbered case.

In its report, IBP-CBD concluded that the facts established would just the same

indicate sufficiently a case of neglect of duty on the part of respondent. The CBDrejected the excuse proffered by respondent that the non-receipt of the records of

the case justified his failure to represent complainant. The IBP-CBD, through

Commissioner Julio C. Elamparo, recommended to the IBP Board of Governors

the suspension of respondent from the practice of law for three months with a

warning that a repetition of similar acts could be dealt with more severely than a

mere 3-month suspension.

On 30 August 1996, the IBP Board of Governors passed Resolution No. XII-96-191 which —

"RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and

APPROVED, the Report and Recommendation of the Investigating

Commissioner in the above-entitled case, hereinmade part of this

Resolution/Decision as Annex 'A;' and, finding the recommendation

therein to be fully supported by the evidence on record and the

applicable laws and rules, Respondent Atty. Dante Cortez is hereby

SUSPENDED from the practice of law for three (3) months with a

warning that a repetition of the acts/omission complained of will be dealt

with more severely."1

Both respondent lawyer and complainant filed with the IBP-CBD their respective

motions for the reconsideration of the foregoing resolution.

On 23 August 1997, the Board of Governors passed Resolution No. XII-97-66

that —

"RESOLVED to CONFIRM Resolution NO. XII-96-191 of the Board of

Governors Meeting dated August 30, 1996 SUSPENDING Atty.

Dante Cortez from the practice of law for three (3) months with a warning

that repetition of the acts/omission complained of will be dealt with more

severely."2

https://cdasiaonline.com/jurisprudences/12436?hits%5B%5D%5Bid%5D=12436&hits%5B%5D%5Btype%5D=Jurisprudence&hits%5B%5D%5Bid%5D=12133&hits%5B%5D%5Btype%5D=Jurisprudence&path=%2Fjurisprudences%2Fsearch&q%5Bcitation_finder%5D=&q%5Bfull_text%5D=&q%5Bissue_no%5D=&q%5Bponente%5D=&q%5Bsyllabus%5D=&q%5Btitle%5D=villafuerte+vs+cortez&q%5Butf8%5D=%E2%9C%93&q%5Byear_end%5D=&q%5Byear_start%5D=#footnote1_0https://cdasiaonline.com/jurisprudences/12436?hits%5B%5D%5Bid%5D=12436&hits%5B%5D%5Btype%5D=Jurisprudence&hits%5B%5D%5Bid%5D=12133&hits%5B%5D%5Btype%5D=Jurisprudence&path=%2Fjurisprudences%2Fsearch&q%5Bcitation_finder%5D=&q%5Bfull_text%5D=&q%5Bissue_no%5D=&q%5Bponente%5D=&q%5Bsyllabus%5D=&q%5Btitle%5D=villafuerte+vs+cortez&q%5Butf8%5D=%E2%9C%93&q%5Byear_end%5D=&q%5Byear_start%5D=#footnote2_0https://cdasiaonline.com/jurisprudences/12436?hits%5B%5D%5Bid%5D=12436&hits%5B%5D%5Btype%5D=Jurisprudence&hits%5B%5D%5Bid%5D=12133&hits%5B%5D%5Btype%5D=Jurisprudence&path=%2Fjurisprudences%2Fsearch&q%5Bcitation_finder%5D=&q%5Bfull_text%5D=&q%5Bissue_no%5D=&q%5Bponente%5D=&q%5Bsyllabus%5D=&q%5Btitle%5D=villafuerte+vs+cortez&q%5Butf8%5D=%E2%9C%93&q%5Byear_end%5D=&q%5Byear_start%5D=#footnote1_0https://cdasiaonline.com/jurisprudences/12436?hits%5B%5D%5Bid%5D=12436&hits%5B%5D%5Btype%5D=Jurisprudence&hits%5B%5D%5Bid%5D=12133&hits%5B%5D%5Btype%5D=Jurisprudence&path=%2Fjurisprudences%2Fsearch&q%5Bcitation_finder%5D=&q%5Bfull_text%5D=&q%5Bissue_no%5D=&q%5Bponente%5D=&q%5Bsyllabus%5D=&q%5Btitle%5D=villafuerte+vs+cortez&q%5Butf8%5D=%E2%9C%93&q%5Byear_end%5D=&q%5Byear_start%5D=#footnote2_0


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The Court agrees with the IBP-CBD in its findings and conclusion that

respondent lawyer has somehow been remiss in his responsibilities.

The Court is convinced that a lawyer-client relationship, given the circumstances,

has arisen between respondent and complainant. Respondent lawyer hasadmitted having received the amount of P1,750.00, including its nature

cases on ethics

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