ATTY. ILUMINADA M. VAFLOR-FABROA VS. ATTY.
OSCAR PAGUINTO
[ A.C. No. 6273, March 15, 2010 ]
FACTS:
Atty. Oscar Paguinto prepared and notarized a joint affidavit-complaint for estafa against Atty.
Illuminada Vaflor-Fabroa. Since the joint affidavit-complaint did not indicate the involvement of
complainant, the trial court granted the motion to quash information. Atty. Paguinto filed 6 more
cases against Atty. Vaflor-Fabroa for violation of Art 31 RA 6938 (Cooperative Code of the Philippines),
but eventually filed a motion to withdraw them.
The Notice of Special General Assembly of GEMASCO on October 14, 2001 to consider the removal of
four members of the Board of Directors (the Board), including Atty. Vaflor-Fabroa, who was then
Chairperson of the General Mariano Alvarez Service Cooperative, Inc. (GEMASCO), was signed by Atty.
Paguinto.
At the October 14, 2001 Assembly presided by Atty. PAguinto and PNP Sr. Supt. Gerangco ,who were
not members of the then current Board, Gerango, complainant’s predecessor, as Chair of the
GEMASCO board, declared himself Chair, appointed others to replace the removed directors, and
appointed respondent as Board Secretary.
Respondent and his group took over the GEMASCO office and its premises, the pumphouses, water
facilities, and operations and sent letter-notices to complainant and the four removed directors
informing them of their removal from the Board and as members of GEMASCO, and advising them to
cease and desist from further discharging the duties of their positions
ISSUE: WON
(i) Atty. PAguinto violated the Code of Professional Responsibility (Canon 1, 8, 10, 19 and Rule 12.03)
and his lawyers oath.
(ii) The acts of Atty. Paguinto ground for disbarment or suspension.
DECISION: Atty. Oscar P. Paguinto, is SUSPENDED for two years from the practice of law for violation
of Canons 1, 8, 10, and Rule 12.03 of the Code of Professional Responsibility and the Lawyer’s Oath.
The court hed that he violated:
a.) LAWYERS OATH
“a lawyer shall support the Constitution and obey the laws”
-by conniving with Gerangco in taking over the Board of Directors and the GEMASCO facilities
b.) LAWYERS OATH
"not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid or
consent to the same."
-when respondent caused the filing of baseless criminal complaints against Atty. Vaflor-Fabroa
c.) Rule 12.03 of the Code of Professional Responsibility
"A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an explanation for his failure to do so."
-when after obtaining an extension of time to file comment on the complaint, respondent failed to file
any and ignored this Court’s subsequent show cause order.
A Court’s Resolution is "not to be construed as a mere request, nor should it be complied with
partially, inadequately, or selectively". Respondent’s obstinate refusal to comply with the Court’s
orders "not only betrays a recalcitrant flaw in her character; it also underscores her disrespect of the
Court’s lawful orders which is only too deserving of reproof.
Lawyers are called upon to obey court orders and processes and respondent’s deference is
underscored by the fact that willful disregard thereof will subject the lawyer not only to punishment
for contempt but to disciplinary sanctions as well. In fact, graver responsibility is imposed upon a
lawyer than any other to uphold the integrity of the courts and to show respect to their processes.
