PRACTICE OF LAW the immediately preceding elections.

However, a majority thereof, including

the Chairman, shall be members of the
[G.R. No. 100113. September 3, 1991.] Philippine Bar who have been engaged
in the practice of law for at least ten
RENATO L. CAYETANO, Petitioner, v. years." (Emphasis supplied)
CHRISTIAN MONSOD, HON. JOVITO R.
SALONGA, COMMISSION ON The aforequoted provision is
APPOINTMENTS, and HON. patterned after Section 1(1), Article
GUILLERMO CARAGUE in his XII-C of the 1973 Constitution which
capacity as Secretary of Budget and similarly provides:
Management, Respondents.
"There shall be an independent
Renato L. Cayetano for and in his Commission on Elections composed of
own behalf. a Chairman and eight Commissioners
who shall be natural-born citizens of the
Sabina E. Acut, Jr. and Mylene Philippines and, at the time of their
Garcia-Albano co-counsel for appointment, at least thirty-five years of
petitioner. age and holders of a college degree.
However, a majority thereof, including
the Chairman, shall be members of the
DECISION Philippine Bar who have been engaged
in the practice of law for al least ten
years." (Emphasis supplied)
PARAS, J.:
Regrettably, however, there seems
to be no jurisprudence as to what
We are faced here with a controversy constitutes practice of law as a legal
of far-reaching proportions While qualification to an appointive office.
ostensibly only legal issues are
involved, the Court’s decision in this
case would indubitably have a profound Black defines "practice of law"
effect on the political aspect of our as:
national existence.
"The rendition of services requiring the
The 1987 Constitution provides in knowledge and the application of legal
Section 1(1), Article IX-C: principles and technique to serve the
interest of another with his consent. It is
not limited to appearing in court, or
"There shall be a Commission on advising and assisting in the conduct of
Elections composed of a Chairman and litigation, but embraces the preparation of
six Commissioners who shall be natural- pleadings, and other papers incident to
born citizens of the Philippines and, at actions and special proceedings,
the time of their appointment, at least conveyancing, the preparation of legal
thirty-five years of age, holders of a instruments of all kinds, and the giving of
college degree, and must not have been all legal advice to clients. It embraces
candidates for any elective position in
all advice to clients and all actions taken Lawyers Association v. Agrava,
for them in matters connected with the (105 Phil. 173, 176-177) stated:
law. An attorney engages in the practice
of law by maintaining an office where he
is held out to be an attorney, using a "The practice of law is not limited to the
letterhead describing himself as an conduct of cases or litigation in court; it
attorney, counseling clients in legal embraces the preparation of pleadings
matters, negotiating with opposing and other papers incident to actions and
counsel about pending litigation, and special proceedings, the management
fixing and collecting fees for services of such actions and proceedings on
rendered by his associate." (Black’s behalf of clients before judges and
Law Dictionary, 3rd ed.). courts, and in addition, conveying. In
general, all advice to clients, and all
The practice of law is not limited to the action taken for them in matters
conduct of cases in court. (Land Title connected with the law incorporation
Abstract and Trust Co. v. Dworken, services, assessment and
129 Ohio St. 23, 193 N.E. 650) A condemnation services contemplating
person is also considered to be in the an appearance before a judicial body,
practice of law when he: the foreclosure of a mortgage,
enforcement of a creditor’s claim in
". . . for valuable consideration engages bankruptcy and insolvency proceedings,
in the business of advising person, and conducting proceedings in
firms, associations or corporations as to attachment, and in matters of estate and
their rights under the law, or appears in guardianship have been held to
a representative capacity as an constitute law practice, as do the
advocate in proceedings pending or preparation and drafting of legal
prospective, before any court, instruments, where the work done
commissioner, referee, board, body, involves the determination by the
committee, or commission constituted trained legal mind of the legal effect of
by law or authorized to settle facts and conditions." (5 Am. Jr. p. 262,
controversies and there, in such 263). (Emphasis supplied)
representative capacity performs any
act or acts for the purpose of obtaining "Practice of law under modern
or defending the rights of their clients conditions consists in no small part of
under the law. Otherwise stated, one work performed outside of any court and
who, in a representative capacity, having no immediate relation to
engages in the business of advising proceedings in court. It embraces
clients as to their rights under the law, conveyancing, the giving of legal advice
or while so engaged performs any act or on a large variety of subjects, and the
acts either in court or outside of court for preparation and execution of legal
that purpose, is engaged in the practice instruments covering an extensive field
of law." (State ex. rel. Mckittrick v. C.S. of business and trust relations and other
Dudley and Co., 102 S.W. 2d 895, 340 affairs. Although these transactions may
Mo. 852). have no direct connection with court
proceedings, they are always subject to
This Court in the case of Philippine become involved in litigation. They
require in many aspects a high degree Cardell, 155 NW 312).
of legal skill, a wide experience with
men and affairs, and great capacity for Practice of law means any activity, in or
adaptation to difficult and complex out of court, which requires the
situations. These customary functions of application of law, legal procedure,
an attorney or counselor at law bear an knowledge, training and experience. "To
intimate relation to the administration of engage in the practice of law is to
justice by the courts. No valid perform those acts which are
distinction, so far as concerns the characteristics of the profession.
question set forth in the order, can be Generally, to practice law is to give
drawn between that part of the work of notice or render any kind of service,
the lawyer which involves appearance in which device or service requires the use
court and that part which involves in any degree of legal knowledge or
advice and drafting of instruments in his skill." (111 ALR 23).
office. It is of importance to the welfare
of the public that these manifold The following records of the 1986
customary functions be performed by Constitutional Commission show that
persons possessed of adequate it has adopted a liberal interpretation
learning and skill, of sound moral of the term "practice of law."
character, and acting at all times under
the heavy trust obligations to clients
which rests upon all attorneys." (Moran, "MR. FOZ. Before we suspend the
Comments on the Rules of Court, Vol. 3 session, may I make a manifestation
[1953 ed.], p. 665-666, citing In re which I forgot to do during our review
Opinion of the Justices [Mass.], 194 of the provisions on the Commission
N.E. 313, quoted in Rhode Is. Bar on Audit. May I be allowed to make a
Assoc. v. Automobile Service Assoc. very brief statement?
[R.I.] 179 A. 139, 144). (Emphasis ours).
"THE PRESIDING OFFICER (Mr.
The University of the Philippines Law Jamir).
Center in conducting orientation
briefing for new lawyers (1974-1975) The Commissioner will please proceed.
listed the dimensions of the practice of
law in even broader terms as advocacy, "MR. FOZ. This has to do with the
counseling and public service. qualifications of the members of the
Commission on Audit. Among others,
"One may be a practicing attorney in the qualifications provided for by
following any line of employment in Section 1 is that ‘They must be
the profession. If what he does exacts Members of the Philippine Bar’ — I am
knowledge of the law and is of a kind quoting from the provision — ‘who have
usual for attorneys engaging in the been engaged in the practice of law for
active practice of their profession, and at least ten years.’"
he follows some one or more lines of
employment such as this he is a "To avoid any misunderstanding which
practicing attorney at law within the would result in excluding members of
meaning of the statute." (Barr D. the Bar who are now employed in the
COA or Commission on Audit, we provisions on the Commission on Audit.
would like to make the clarification that And, therefore, the answer is yes.
this provision on qualifications
regarding members of the Bar does not "MR. OPLE. Yes. So that the
necessarily refer or involve actual construction given to this is that this is
practice of law outside the COA. We equivalent to the practice of law.
have to interpret this to mean that as
long as the lawyers who are employed "MR. FOZ. Yes, Mr. Presiding Officer.
in the COA are using their legal
knowledge or legal talent in their "MR. OPLE. Thank you."
respective work within COA, then they
are qualified to be considered for
appointment as members or . . . (Emphasis supplied)
commissioners, even chairman, of the
Commission on Audit. Section 1(1), Article IX-D of the 1987
Constitution, provides, among others, that
"This has been discussed by the the Chairman and two Commissioners of
Committee on Constitutional the Commission on Audit (COA) should
Commissions and Agencies and we either be certified public accountants with
deem it important to take it up on the not less than ten years of auditing
floor so that this interpretation may be practice, or members of the Philippine Bar
made available whenever this provision who have been engaged in the practice of
on the qualifications as regards law for at least ten years. (Emphasis
members of the Philippine Bar supplied)
engaging in the practice of law for at
least ten years is taken up. Corollary to this is the term "private
practitioner" and which is in many ways
"MR. OPLE. Will Commissioner Foz synonymous with the word "lawyer."
yield to just one question. Today, although many lawyers do not
engage in private practice, it is still a
"MR. FOZ. Yes, Mr. Presiding Officer. fact that the majority of lawyers are
private practitioners. (Gary Munneke,
"MR. OPLE. Is he, in effect, saying that Opportunities in Law Careers [VGM
service in the COA by a lawyer is Career Horizons: Illinois), 1986], p. 15]).
equivalent to the requirement of a law
practice that is set forth in the Article At this point, it might be helpful to define
on the Commission on Audit?" private practice. The term, as commonly
understood, means "an individual or
MR. FOZ. We must consider the fact organization engaged in the business of
that the work of COA although it is delivering legal services." (Ibid.). Lawyers
auditing, will necessarily involve legal who practice alone are often called "sole
work; it will involve legal work. And, practitioners." Groups of lawyers are
therefore, lawyers who are employed called "firms." The firm is usually a
in COA now would have the necessary partnership and members of the firm are
qualifications in accordance with the the partners. Some firms may be
provision on qualifications under our organized as professional
corporations and the members called history, not reality. (Ibid.). Why is this so?
shareholders. In either case, the Recall that the late Alexander Sycip, a
members of the firm are the corporate lawyer, once articulated on the
experienced attorneys. In most firms, importance of a lawyer as a business
there are younger or more counselor in this wise: "Even today, there
inexperienced salaried attorneys are still uninformed laymen whose
called "associates." (Ibid.). concept of an attorney is one who
principally tries cases before the courts.
The test that defines law practice by The members of the bench and bar and
looking to traditional areas of law the informed laymen such as
practice is essentially tautologies, businessmen, know that in most
unhelpful defining the practice of law as developed societies today, substantially
that which lawyers do. (Charles W. more legal work is transacted in law
Wolfram, Modern Legal Ethics [West offices than in the courtrooms. General
Publishing Co.: Minnesota, 1986], p. practitioners of law who do both litigation
593). The practice of law is defined as and non-litigation work also know that in
"the performance of any acts . . . in or most cases they find themselves
out of court, commonly understood to be spending more time doing what [is]
the practice of law. (State Bar Ass’n v. loosely describe[d] as business
Connecticut Bank & Trust Co., 145 counseling than in trying cases. The
Conn. 222, 140 A. 2d 863, 870 [1958] business lawyer has been described as
[quoting Grievance Comm. v. Payne, the planner, the diagnostician and the trial
128 Conn. 325, 22 A. 2d 623, 626 lawyer, the surgeon. I[t] need not [be]
[1941]). Because lawyers perform stress[ed] that in law, as in medicine,
almost every function known in the surgery should be avoided where internal
commercial and governmental realm, medicine can be effective." (Business
such a definition would obviously be too Star, "Corporate Finance Law," Jan. 11,
global to be workable. (Wolfram, op. cit.) 1989, p. 4).

The appearance of a lawyer in litigation In the course of a working day the

in behalf of a client is at once the most average general practitioner will engage
publicly familiar role for lawyers as well in a number of legal tasks, each
as an uncommon role for the average involving different legal doctrines, legal
lawyer. Most lawyers spend little time in skills, legal processes, legal institutions,
courtrooms, and a large percentage clients, and other interested parties.
spend their entire practice without Even the increasing numbers of lawyers
litigating a case. (Ibid., p. 593). in specialized practice will usually
Nonetheless, many lawyers do continue perform at least some legal services
to litigate and the litigating lawyer’s role outside their specialty. And even within
colors much of both the public image a narrow specialty such as tax practice,
and the self-perception of the legal a lawyer will shift from one legal task or
profession. role such as advice-giving to an
(Ibid.). importantly different one such as
representing a client before an
In this regard thus, the dominance of administrative agency. (Wolfram, supra,
litigation in the public mind reflects p. 687).
 trends in corporation law is
By no means will most of this work indispensable to intelligent
involve litigation, unless the lawyer is decision-making.
one of the relatively rare types — a
litigator who specializes in this work to Constructive adjustment to major
the exclusion of much else. Instead, the corporate problems of today requires an
work will require the lawyer to have accurate understanding of the nature
mastered the full range of traditional and implications of the corporate law
lawyer skills of client counselling, research function accompanied by an
advice-giving, document drafting, and accelerating rate of information
negotiation. And increasingly lawyers accumulation. The recognition of the
find that the new skills of evaluation need for such improved corporate legal
and mediation are both effective for policy formulation, particularly "model-
many clients and a source of making" and contingency planning," has
employment. (Ibid.). impressed upon us the inadequacy of
traditional procedures in many
Most lawyers will engage in non- decisional contexts.
litigation legal work or in litigation work
that is constrained in very important In a complex legal problem the mass of
ways, at least theoretically, so as to information to be processed, the sorting
remove from it some of the salient and weighing of significant conditional
features of adversarial litigation. Of factors, the appraisal of major trends,
these special roles, the most prominent the necessity of estimating the
is that of prosecutor. In some lawyers’ consequences of given courses of
work the constraints are imposed both action, and the need for fast decision
by the nature of the client and by the and response in situations of acute
way in which the lawyer is organized danger have prompted the use of
into a social unit to perform that work. sophisticated concepts of information
The most common of these roles are flow theory, operational analysis,
those of corporate practice and automatic data processing, and
government legal service. (Ibid.). electronic computing equipment.
Understandably, an improved decisional
In several issues of the Business Star, structure must stress the predictive
a business daily, herein below quoted component of the policy-making
are emerging trends in corporate law process, wherein a model", of the
practice, a departure from the traditional decisional context or a segment thereof
concept of practice of law. is developed to test projected alternative
courses of action in terms of futuristic
We are experiencing today what truly effects flowing therefrom.
may be called a revolutionary
transformation in corporate law Although members of the legal
practice. Lawyers and other profession are regularly engaged in
professional groups, in particular those predicting and projecting the trends of
members participating in various legal- the law, the subject of corporate
policy decisional contexts, are finding finance law has received relatively little
that understanding the major emerging organized and formalized attention in
the philosophy of advancing corporate type of the corporation. Many smaller
legal education. Nonetheless, a cross- and some large corporations farm out all
disciplinary approach to legal research their legal problems to private law firms.
has become a vital necessity. Many others have in-house counsel only
for certain matters. Other corporation
Certainly, the general orientation for have a staff large enough to handle
productive contributions by those most legal problems in-house.
trained primarily in the law can be
improved through an early introduction A corporate lawyer, for all intents and
to multi-variable decisional contexts and purposes, is a lawyer who handles the
the various approaches for handling legal affairs of a corporation. His areas
such problems. Lawyers, particularly of concern or jurisdiction may include,
with either a master’s or doctorate inter alia: corporate legal research, tax
degree in business administration or laws research, acting out as corporate
management, functioning at the legal secretary (in board meetings),
policy level of decision-making now appearances in both courts and other
have some appreciation for the adjudicatory agencies (including the
concepts and analytical techniques of Securities and Exchange Commission),
other professions which are currently and in other capacities which require an
engaged in similar types of complex ability to deal with the law.
decision-making.

Truth to tell, many situations involving

corporate finance problems would At any rate, a corporate lawyer may
require the services of an astute assume responsibilities other than the
attorney because of the complex legal legal affairs of the business of the
implications that arise from each and corporation he is representing. These
every necessary step in securing and include such matters as determining
maintaining the business issue raised. policy and becoming involved in
(Business Star, "Corporate Finance management. (Emphasis supplied.)
Law," Jan. 11, 1989, p. 4).
In a big company, for example, one
In our litigation-prone country, a may have a feeling of being isolated
corporate lawyer is assiduously referred from the action, or not understanding
to as the "abogado de campanilla." He how one’s work actually fits into the
is the "big-time" lawyer, earning big work of the organization. This can be
money and with a clientele composed of frustrating to someone who needs to
the tycoons and magnates of business see the results of his work first hand. In
and industry. short, a corporate lawyer is sometimes
offered this fortune to be more closely
Despite the growing number of involved in the running of the business.
corporate lawyers, many people could
not explain what it is that a corporate Moreover, a corporate lawyer’s services
lawyer does. For one, the number of may sometimes be engaged by a
attorneys employed by a single multinational corporation (MNC). Some
corporation will vary with the size and large MNCs provide one of the few
opportunities available to corporate legal function itself.
lawyers to enter the international law
field. After all, international law is These three subject areas may be
practiced in a relatively small number of thought of as intersecting circles, with a
companies and law firms. Because shared area linking them. Otherwise
working in a foreign country is perceived known as "intersecting managerial
by many as glamorous, this is an area jurisprudence," it forms a unifying theme
coveted by corporate lawyers. In most for the corporate counsel’s total
cases, however, the overseas jobs go to learning.
experienced attorneys while the
younger attorneys do their "international Some current advances in behavior and
practice" in law libraries. (Business Star, policy sciences affect the counsel’s
"Corporate Law Practice," May 25, role. For that matter, the corporate
1990, p. 4). lawyer reviews the globalization
process, including the resulting
This brings us to the inevitable, i.e., the strategic repositioning that the firms he
role of the lawyer in the realm of provides counsel for are required to
finance. To borrow the lines of Harvard- make, and the need to think about a
educated lawyer Bruce Wassertein, to corporation’s strategy at multiple levels.
wit: "A bad lawyer is one who fails to The salience of the nation-state is being
spot problems, a good lawyer is one reduced as firms deal both with global
who perceives the difficulties, and the multinational entities and
excellent lawyer is one who surmounts simultaneously with sub-national
them." (Business Star, "Corporate governmental units. Firms increasingly
Finance Law," Jan. 11, 1989, p. 4). collaborate not only with public entities
but with each other — often with those
Today, the study of corporate law who are competitors in other arenas.
practice direly needs a "shot in the arm,"
so to speak. No longer are we talking of Also, the nature of the lawyer’s
the traditional law teaching method of participation in decision-making within
confining the subject study to the the corporation is rapidly changing. The
Corporation Code and the Securities modern corporate lawyer has gained a
Code but an incursion as well into the new role as a stockholder — in some
intertwining modern management cases participating in the organization
issues. and operations of governance through
participation on boards and other
Such corporate legal management issues decision-making roles. Often these new
deal primarily with three (3) types of patterns develop alongside existing
learning: (1) acquisition of insights into legal institutions and laws are
current advances which are of particular perceived as barriers. These trends are
significance to the corporate counsel; (2) complicated as corporations organize
an introduction to usable disciplinary skills for global operations. (Emphasis
applicable to a corporate counsel’s supplied).
management responsibilities; and (3) a
devotion to the organization and The practising lawyer of today is familiar
management of the as well with governmental policies
toward the promotion and management apropos:
of technology. New collaborative
arrangements for promoting specific First System Dynamics. The field of
technologies or competitiveness more systems dynamics has been found an
generally require approaches from effective tool for new managerial
industry that differ from older, more thinking regarding both planning and
adversarial relationships and traditional pressing immediate problems. An
forms of seeking to influence understanding of the role of feedback
governmental policies. And there are loops, inventory levels, and rates of
lessons to be learned from other flow, enable users to simulate all sorts
countries. In Europe, Esprit, Eureka and of systematic problems — physical,
Race are examples of collaborative economic, managerial, social, and
efforts between governmental and psychological. New programming
business Japan’s MITI is world famous. techniques now make the systems
(Emphasis supplied) dynamics principles more accessible
to managers — including corporate
Following the concept of boundary counsels. (Emphasis supplied).
spanning, the office of the Corporate
Counsel comprises a distinct group Second Decision Analysis. This enables
within the managerial structure of all users to make better decisions involving
kinds of organizations. Effectiveness of complexity and uncertainty. In the
both long-term and temporary groups context of a law department, it can be
within organizations has been found to used to appraise the settlement value of
be related to indentifiable factors in the litigation, aid in negotiation settlement,
group-context interaction such as the and minimize the cost and risk involved
groups actively revising their knowledge in managing a portfolio of cases.
of the environment, coordinating work (Emphasis supplied)
with outsiders, promoting team
achievements within the organization. Third Modeling for Negotiation
In general, such external activities are Management. Computer-based models
better predictors of team performance can be used directly by parties and
than internal group processes. mediators in all kinds of negotiations.
All integrated set of such tools provide
In a crisis situation, the legal managerial coherent and effective negotiation
capabilities of the corporate lawyer vis- support, including hands-on on
a-vis the managerial mettle of instruction in these techniques. A
corporations are challenged. Current simulation case of an international joint
research is seeking ways both to venture may be used to illustrate the
anticipate effective managerial point.
procedures and to understand
relationships of financial liability and [Be this as it may,] the organization
insurance considerations. (Emphasis and management of the legal function,
supplied) concern three pointed areas of
consideration, thus:
Regarding the skills to apply by the
corporate counsel, three factors are
Preventive Lawyering. Planning by sense of how the legal system shapes
lawyers requires special skills that corporate activities. And even if the
comprise a major part of the general corporate lawyer’s aim is not the
counsel’s responsibilities. They differ understand all of the law’s effects on
from those of remedial law. Preventive corporate activities, he must, at the
lawyering is concerned with minimizing very least, also gain a working
the risks of legal trouble and knowledge of the management issues if
maximizing legal rights for such legal only to be able to grasp not only the
entities at that time when transactional basic legal "constitution" or make-up of
or similar facts are being considered the modern corporation. "Business
and made. Star, The Corporate Counsel," April 10,
1991, p. 4).
Managerial Jurisprudence. This is the
framework within which are undertaken The challenge for lawyers (both of the
those activities of the firm to which legal bar and the bench) is to have more than
consequences attach. It needs to be a passing knowledge of financial law
directly supportive of this nation’s affecting each aspect of their work. Yet,
evolving economic and organizational many would admit to ignorance of vast
fabric as firms change to stay tracts of the financial law territory. What
competitive in a global, interdependent transpires next is a dilemma of
environment. The practice and theory professional security: Will the lawyer
of "law" is not adequate today to admit ignorance and risk opprobrium?;
facilitate the relationships needed in or will he feign understanding and risk
trying to make a global economy work. exposure? (Business Star, "Corporate
Finance law," Jar. 11, 1989, p.
Organization and Functioning of the 4).
Corporate Counsel’s Office. The general
counsel has emerged in the last decade Respondent Christian Monsod was
as one of the most vibrant subsets of nominated by President Corazon C.
the legal profession. The corporate Aquino to the position of Chairman of
counsel hear responsibility for key the COMELEC in a letter received by
aspects of the firm’s strategic issues, the Secretariat of the Commission on
including structuring its global Appointments on April 25, 1991.
operations, managing improved Petitioner opposed the nomination
relationships with an increasingly because allegedly Monsod does not
diversified body of employees, possess the required qualification of
managing expanded liability exposure, having been engaged in the practice of
creating new and varied interactions law for at least ten years.
with public decision-makers, coping
internally with more complex make or by On June 5, 1991, the Commission on
decisions. Appointments confirmed the
nomination of Monsod as Chairman of
This whole exercise drives home the the COMELEC. On June 18, 1991, he
thesis that knowing corporate law is not took his oath of office. On the same
enough to make one a good general day, he assumed office as Chairman of
corporate counsel nor to give him a full the COMELEC.
 accreditation hearings before the
Challenging the validity of the Comelec. In the field of advocacy,
confirmation by the Commission on Monsod, in his personal capacity and as
Appointments of Monsod’s nomination, former Co-Chairman of the Bishops
petitioner as a citizen and taxpayer, Businessmen’s Conference for Human
filed the instant petition for Certiorari Development, has worked with the
and Prohibition praying that said under privileged sectors, such as the
confirmation and the consequent farmer and urban poor groups, in
appointment of Monsod as Chairman of initiating, lobbying for and engaging in
the Commission on Elections be affirmative action for the agrarian reform
declared null and void. law and lately the urban land reform bill.
Monsod also made use of his legal
Atty. Christian Monsod is a member of knowledge as a member of the Davide
the Philippine Bar, having passed the Commission, a quasi-judicial body,
bar examinations of 1960 with a grade which conducted numerous hearings
of 86.55%. He has been a dues paying (1990) and as a member of the
member of the Integrated Bar of the Constitutional Commission (1986-
Philippines since its inception in 1972- 1987), and Chairman of its Committee
73. He has also been paying his on Accountability of Public Officers, for
professional license fees as lawyer for which he was cited by the President of
more than ten years. (p. 124, Rollo). the Commission, Justice Cecilia Muñoz-
Palma for "innumerable amendments to
After graduating from the College of Law reconcile government functions with
(U.P.) and having hurdled the bar, Atty. individual freedoms and public
Monsod worked in the law office of his accountability and the party-list system
father. During his stint in the World Bank for the House of Representative." (pp.
Group (1963-1970), Monsod worked as 128-129 Rollo) (Emphasis supplied)
an operations officer for about two years
in Costa Rica and Panama, which Just a word about the work of a
involved getting acquainted with the laws negotiating team of which Atty.
of member-countries, negotiating loans Monsod used to be a member.
and coordinating legal, economic, and
project work of the Bank. Upon returning In a loan agreement, for instance, a
to the Philippines in 1970, he worked with negotiating panel acts as a team, and
the Meralco Group, served as chief which is adequately constituted to
executive officer of an investment bank meet the various contingencies that
and subsequently of a business arise during a negotiation. Besides top
conglomerate, and since 1986, has officials of the Borrower concerned,
rendered services to various companies there are the legal officer (such as the
as a legal and economic consultant or legal counsel), the finance manager,
chief executive officer. As former and an operations officer (such as an
Secretary-General (1986) and National official involved in negotiating the
Chairman (1987) of NAMFREL. Monsod’s contracts) who comprise the members
work involved being knowledgeable in of the team. (Guillermo V. Soliven,
election law. He appeared for NAMFREL "Loan Negotiating Strategies for
in its Developing Country Borrowers," Staff
Paper No. 2, Central Bank of the technical language that they should be
Philippines, Manila, 1982, p. carefully drafted and signed only with
11). (Emphasis supplied) the advise of competent counsel in
conjunction with the guidance of
After a fashion, the loan agreement is like adequate technical support personnel.
a country’s Constitution; it lays down the (See International Law Aspects of the
law as far as the loan transaction is Philippine External Debts, an
concerned. Thus, the meat of any Loan unpublished dissertation, U.S.T.
Agreement can be compartmentalized Graduate School of Law, 1987, p. 321).
into five (5) fundamental parts: (1) (Emphasis supplied).
business terms; (2) borrower’s
representation; (3) conditions of closing; A critical aspect of sovereign debt
(4) covenants; and (5) events of restructuring/contract construction is the
default. (Ibid., p. 13) set of terms and conditions which
determines the contractual remedies for
In the same vein, lawyers play an a failure to perform one or more
important role in any debt restructuring elements of the contract. A good
program. For aside from performing the agreement must not only define the
tasks of legislative drafting and legal responsibilities of both parties, but must
advising, they score national also state the recourse open to either
development policies as key factors in party when the other fails to discharge
maintaining their countries’ sovereignty. an obligation. For a complete debt
(Condensed from the work paper, restructuring represents a devotion to
entitled "Wanted: Development Lawyers that principle which in the ultimate
for Developing Nations," submitted by L. analysis is sine qua non for foreign loan
Michael Hager, regional legal adviser of agreements — an adherence to the rule
the United States Agency for of law in domestic and international
International Development, during the affairs of whose kind U.S. Supreme
Session on Law for the Development of Court Justice Oliver Wendell Holmes,
Nations at the Abidjan World Jr. once said: ‘They carry no banners,
Conference in Ivory Coast, sponsored they beat no drums; but where they are,
by the World Peace Through Law men learn that bustle and bush are not
Center on August 26-31, 1973). the equal of quiet genius and serene
(Emphasis supplied). mastery.’ (See Ricardo J. Romulo, "The
Role of Lawyers in Foreign
Loan concessions and compromises, Investments," Integrated Bar of the
perhaps even more so than purely re Philippine Journal, Vol. 15, Nos. 3 and
negotiation policies, demand expertise 4, Third and Fourth Quarters, 1977, p.
in the law of contracts, in legislation 265).
and agreement drafting and in re
negotiation. Necessarily, a sovereign Interpreted in the light of the various
lawyer may work with an international definitions of the term "practice of law",
business specialist or an economist in particularly the modern concept of law
the formulation of a model loan practice, and taking into consideration
agreement. Debt restructuring contract the liberal construction intended by the
agreements contain such a mixture of framers of the Constitution, Atty.
Monsod s past work experiences as a appointment of a substitute of its
lawyer-economist, a lawyer-manager, a choice. To do so would be an
lawyer-entrepreneur of industry, a encroachment on the discretion vested
lawyer-negotiator of contracts, and a upon the appointing authority. An
lawyer-legislator of both the rich and the appointment is essentially within the
poor — verily more than satisfy the discretionary power of whomsoever it is
constitutional requirement — that he has vested, subject to the only condition that
been engaged in the practice of law for the appointee should possess the
at least ten years. qualifications required by law."
(Emphasis supplied).
Besides in the leading case of Luego v.
Civil Service Commission, 143 SCRA The appointing process in a regular
327, the Court said: appointment as in the case at bar,
consists of four (4) stages: (1)
nomination; (2) confirmation by the
"Appointment is an essentially Commission on Appointments; (3)
discretionary power and must be issuance of a commission (in the
performed by the officer in which it is Philippines, upon submission by the
vested according to his best lights, the Commission on Appointments of its
only condition being that the appointee certificate of confirmation, the President
should possess the qualifications issues the permanent appointment; and
required by law. If he does, then the (4) acceptance e.g., oath-taking,
appointment cannot be faulted on the posting of bond, etc. . . . (Lacson v.
ground that there are others better Romero, No. L-3081, October 14, 1949;
qualified who should have been Gonzales, Law on Public Officers, p.
preferred. This is a political question 200)
involving considerations of wisdom
which only the appointing authority can The power of the Commission on
decide." (Emphasis supplied). Appointments to give its consent to the
nomination of Monsod as Chairman of
No less emphatic was the Court in the Commission on Elections is
the case of Central Bank v. Civil mandated by Section 1(2) Sub-Article C,
Service Commission, 171 SCRA 744) Article IX of the Constitution which
where it stated: provides:

"It is well-settled that when the "The Chairman and the Commissioners
appointee is qualified, as in this case, shall be appointed by the President
and all the other legal requirements are with the consent of the Commission on
satisfied, the Commission has no Appointments for a term of seven years
alternative but to attest to the without re appointment. Of those first
appointment in accordance with the Civil appointed, three Members shall hold
Service Law. The Commission has no office for seven years, two Members for
authority to revoke an appointment on five years, and the last Members for
the ground that another person is more three years, without re appointment.
qualified for a particular position. It also Appointment to any vacancy shall be
has no authority to direct the only for the unexpired term of the
predecessor. In no case shall any been practicing law for over ten years.
Member be appointed or designated in This is different from the acts of persons
a temporary or acting capacity." practicing law, without first becoming
lawyers.

Anent Justice Teodoro Padilla’s Justice Cruz also says that the Supreme
separate opinion, suffice it to say that Court can even disqualify an elected
his definition of the practice of law is the President of the Philippines, say, on the
traditional or stereotyped notion of law ground that he lacks one or more
practice, as distinguished from the qualifications. This matter, I greatly
modern concept of the practice of law, doubt. For one thing, how can an action
which modern connotation is exactly or petition be brought against the
what was intended by the eminent President? And even assuming that he
framers of the 1987 Constitution. is indeed disqualified, how can the
Moreover, Justice Padilla’s definition action be entertained since he is the
would require generally a habitual law incumbent President?
practice, perhaps practiced two or three
times a week and would outlaw say, law We now proceed:
practice once or twice a year for ten
consecutive years. Clearly, this is far
from the constitutional intent. The Commission on the basis of
evidence submitted during the public
Upon the other hand, the separate hearings on Monsod’s confirmation,
opinion of Justice Isagani Cruz states implicitly determined that he possessed
that in my written opinion, I made use of the necessary qualifications as required
a definition of law practice which really by law. The judgment rendered by the
means nothing because the definition Commission in the exercise of such an
says that law practice." . . is what people acknowledged power is beyond judicial
ordinarily mean by the practice of law." interference except only upon a clear
True I cited the definition but only by showing of a grave abuse of discretion
way of sarcasm as evident from my amounting to lack or excess of
statement that the definition of law jurisdiction. (Art. VIII, Sec. 1
practice by "traditional areas of law Constitution). Thus, only where such
practice is essentially tautologous" or grave abuse of discretion is clearly
defining a phrase by means of the shown shall the Court interfere with the
phrase itself that is being defined. Commission’s judgment. In the instant
case, there is no occasion for the
Justice Cruz goes on to say in exercise of the Court’s corrective
substance that since the law covers power, since no abuse, much less a
almost all situations, most individuals, in grave abuse of discretion, that would
making use of the law, or in advising amount to lack or excess of jurisdiction
others on what the law means, are and would warrant the issuance of the
actually practicing law. In that sense, writs prayed, for has been clearly
perhaps, but we should not lose sight of shown.
the fact that Mr. Monsod is a lawyer, a
member of the Philippine Bar, who has Additionally, consider the
following: her beloved, Delilah was beside herself
with anger, and fuming with righteous
(1) If the Commission on Appointments fury, Accused the procurator of reneging
rejects a nominee by the President, on his word. The procurator calmly
may the Supreme Court reverse the replied: "Did any blade touch his skin?
Commission, and thus in effect confirm Did any blood flow from his veins?" The
the appointment? Clearly, the answer is procurator was clearly relying on the
in the negative. letter, not the spirit of the agreement.

(2) In the same vein, may the In view of the foregoing, this petition is
Court reject the nominee, whom hereby DISMISSED. SO ORDERED.
the Commission has confirmed?
The answer is likewise clear. Fernan, C.J., Griño-Aquino and
Medialdea, JJ., concur.
(3) If the United States Senate (which
is the confirming body in the U.S. Melencio-Herrera, J., concurs in
Congress) decides to confirm a the result.
Presidential nominee, it would be
incredible that the U.S. Supreme Court Feliciano, J., I certify that he voted to
would still reverse the U.S. Senate. dismiss the petition. (Fernan, C.J.).

Finally, one significant legal Sarmiento, J., is on leave.

maxim is:
Regalado and Davide, Jr., JJ., took no
"We must interpret not by the letter part.
that killeth, but by the spirit that giveth
life." Separate Opinions

Take this hypothetical case of Samson

and Delilah. Once, the procurator of NARVASA, J., concurring:
Judea asked Delilah (who was
Samson’s beloved) for help in capturing
Samson. Delilah agreed on condition I concur with the decision of the majority
that — written by Mr. Justice Paras, albeit only
in the result; it does not appear to me
"No blade shall touch his skin; that there has been an adequate
showing that the challenged
No blood shall flow from his determination by the Commission on
veins." Appointments — that the appointment of
respondent Monsod as Chairman of the
When Samson (his long hair cut by Commission on Elections should, on the
Delilah) was captured, the procurator basis of his stated qualifications and
placed an iron rod burning white-hot two after due assessment thereof, be
or three inches away from in front of confirmed — was attended by error so
Samson’s eyes. This blinded the man. gross as to amount to grave abuse of
Upon hearing of what had happened to discretion and consequently merits
nullification by this Court in accordance
with the second paragraph of Section 1, thereof to "have been engaged in the
Article VIII of the Constitution. I practice of law for at least ten (10)
therefore vote to DENY the petition. years." (Art IX(C), Section 1(1), 1987
Constitution). Questions involving the
PADILLA, J., dissenting: construction of constitutional provisions
are best left to judicial resolution. As
declared in Angara v. Electoral
The records of this case will show that Commission, (63 Phil. 139) "upon the
when the Court first deliberated on the judicial department is thrown the solemn
Petition at bar, I voted not only to and inescapable obligation of
require the respondents to comment on interpreting the Constitution and
the Petition, but I was the sole vote for defining constitutional boundaries."
the issuance of a temporary restraining
order to enjoin respondent Monsod from
assuming the position of COMELEC The Constitution has imposed clear
Chairman, while the Court deliberated and specific standards for a COMELEC
on his constitutional qualification for the Chairman. Among these are that he
office. My purpose in voting for a TRO must have been "engaged in the
was to prevent the inconvenience and practice of law for at least ten (10)
even embarrassment to all parties years." It is the bounded duty of this
concerned were the Court to finally Court to ensure that such standard is
decide for respondent Monsod’s met and complied with.
disqualification. Moreover, a reading of
the Petition then in relation to What constitutes practice of law? As
established jurisprudence already commonly understood, "practice" refers
showed prima facie that respondent to the actual performance or application
Monsod did not possess the needed of knowledge as distinguished from
qualification, that is, he had not mere possession of knowledge; it
engaged in the practice of law for at connotes an active, habitual, repeated
least ten (10) years prior to his or customary action. 1 To "practice" law,
appointment as COMELEC Chairman. or any profession for that matter,
means, to exercise or pursue an
After considering carefully respondent employment or profession actively,
Monsod’s comment, I am even more habitually, repeatedly or customarily.
convinced that the constitutional
requirement of" practice of low for at Therefore, a doctor of medicine who is
least ten (10) years" has not been met. employed and is habitually performing
the tasks of a nursing aide, cannot be
The procedural barriers interposed by said to be in the "practice of medicine."
respondents deserve scant A certified public accountant who works
consideration because, ultimately, the as a clerk, cannot be said to practice his
core issue to be resolved in this profession as an accountant. In the
petition is the proper construal of the same way, a lawyer who is employed as
constitutional provision requiring a a business executive or a corporate
majority of the membership of manager, other than as head or attorney
COMELEC, including the Chairman of a Legal Department of a corporation
or a governmental agency, cannot appearance for it consists in frequent or
be said to be in the practice of law. customary action, a succession of acts
of the same kind. In other words, it is a
As aptly held by this Court in the case habitual exercise (People v. Villanueva,
of People v. Villanueva: 2 14 SCRA 109 citing State v. Cotner,
127, p. 1, 87 Kan, 864).
"Practice is more than an isolated
appearance for it consists in frequent or 2. Compensation. Practice of law
customary actions, a succession of implies that one must have presented
acts of the same kind. In other words, it himself to be in the active and continued
is frequent habitual exercise (State v. practice of the legal profession and that
Cotner, 127, p. 1, 87 Kan. 864, 42 LRA, his professional services are available
M S. 768). Practice of law to fall within to the public for compensation, as a
the prohibition of statute has been service of his livelihood or in
interpreted as customarily or habitually consideration of his said services.
holding one’s self out to the public as a (People v. Villanueva, supra). Hence,
lawyer and demanding payment for charging for services such as
such services (State v. Bryan, 4 S.E. preparation of documents involving the
522, 98 N.C. 644, 647.) . . ." (Emphasis use of legal knowledge and skill is within
supplied). the term ‘practice of law’ (Ernani Paño,
Bar Reviewer in Legal and Judicial
It is worth mentioning that the Ethics, 1988 ed., p. 8 citing People v.
respondent Commission on People’s Stockyards State Bank, 176
Appointments in a Memorandum it N.B. 901) and, one who renders an
prepared, enumerated several opinion as to the proper interpretation of
factors determinative of whether a a statute, and receives pay for it, is to
particular activity constitutes "practice that extent, practicing law (Martin,
of law." It states: supra, p. 806 citing Mendelaun v. Gilbert
and Barket Mfg. Co., 290 N.Y.S. 462) If
"1. Habituality. The term ‘practice of law’ compensation is expected, `all advice to
implies customarily or habitually holding clients and all action taken for them in
one’s self out to the public as a lawyer matters connected with the law; are
(People v. Villanueva, 14 SCRA 109 practicing law. (Elwood Fitchette Et. Al.,
citing State v. Boyen, 4 S.E. 522, 98 v. Arthur C. Taylor, 94A-L.R. 356-359).
N.C. 644) such as when one sends a
circular announcing the establishment of 3. Application of law, legal principle,
a law office for the general practice of practice, or procedure which calls for
law (U.S. v. Ney Bosque, 8 Phil. 146), or legal knowledge, training and
when one takes the oath of office as a experience is within the term `practice of
lawyer before a notary public, and files a law’. (Martin supra).
manifestation with the Supreme Court
informing it of his intention to practice 4. Attorney-client relationship. Engaging
law in all courts in the country (People v. in the practice of law presupposes the
De Luna, 102 Phil. 968). existence of lawyer-client relationship.
Hence, where a lawyer undertakes an
Practice is more than an isolated activity which requires knowledge of law
but involves no attorney-client such were isolated transactions or
relationship, such as teaching law or activities which do not qualify his past
writing law books or articles, he cannot endeavors as "practice of law." To
be said to be engaged in the practice become engaged in the practice of law,
of his profession or a lawyer (Agpalo, there must be a continuity, or a
Legal Ethics, 1989 ed., p. 30)." 3 succession of acts. As observed by the
Solicitor General in People v.
The above-enumerated factors would, I Villanueva: 4
believe, be useful aids in determining
whether or not respondent Monsod "Essentially, the word private practice of
meets the constitutional qualification of law implies that one must have
practice of law for at least ten (10) years presented himself to be in the active and
at the time of his appointment as continued practice of the legal
COMELEC Chairman. profession and that his professional
services are available to the public for a
The following relevant questions may compensation, as a source of his
be asked: livelihood or in consideration of his said
services."
1. Did respondent Monsod perform
any of the tasks which are peculiar to ACCORDINGLY, my vote is to GRANT
the practice of law? the petition and to declare respondent
Monsod as not qualified for the position
2. Did respondent perform such of COMELEC Chairman for not having
tasks customarily or habitually? engaged in the practice of law for at
least ten (10) years prior to his
3. Assuming that he performed any appointment to such position.
of such tasks habitually, did he do so
HABITUALLY FOR AT LEAST TEN CRUZ, J., dissenting:
(10) YEARS prior to his appointment as
COMELEC Chairman?
I am sincerely impressed by the
Given the employment or job history of ponencia of my brother Paras but find I
respondent Monsod as appears from must dissent just the same. There are
the records, I am persuaded that if ever certain points on which I must differ with
he did perform any of the tasks which him while of course respecting his
constitute the practice of law, he did not viewpoint.
do so HABITUALLY for at least ten (10)
years prior to his appointment as To begin with, I do not think we are
COMELEC Chairman. inhibited from examining the
qualifications of the respondent simply
While it may be granted that he because his nomination has been
performed tasks and activities which confirmed by the Commission on
could be latitudinarianly considered Appointments. In my view, this is not a
activities peculiar to the practice of law, political question that we are barred
like the drafting of legal documents and from resolving. Determination of the
the rendering of legal opinion or advice, appointee’s credentials is made on the
basis of the established facts, not the law, however peripherally. The stock
discretion of that body. Even if it were, broker and the insurance adjuster
the exercise of that discretion would and the realtor could come under the
still be subject to our review. definition as they deal with or give
advice on matters that are likely "to
become involved in litigation."
In Luego, which is cited in the ponencia,
what was involved was the discretion of
the appointing authority to choose The lawyer is considered engaged in the
between two claimants to the same practice of law even if his main
office who both possessed the required occupation is another business and he
qualifications. It was that kind of interprets and applies some law only as
discretion that we said could not be an incident of such business. That covers
reviewed. every company organized under the
Corporation Code and regulated by the
If a person elected by no less than the SEC under P.D. 902-A. Considering the
sovereign people may be ousted by ramifications of the modern society, there
this Court for lack of the required is hardly any activity that is not affected
qualifications, I see no reason why we by some law or government regulation the
cannot disqualify an appointee simply businessman must know about and
because he has passed the observe. In fact, again going by the
Commission on Appointments. definition, a lawyer does not even have to
be part of a business concern to be
Even the President of the Philippines considered a practitioner. He can be so
may be declared ineligible by this Court deemed when, on his own, he rents a
in an appropriate proceeding house or buys a car or consults a doctor
notwithstanding that he has been found as these acts involve his knowledge and
acceptable by no less than the application of the laws regulating such
enfranchised citizenry. The reason is transactions. If he operates a public utility
that what we would be examining is not vehicle as his main source of livelihood,
the wisdom of his election but whether he would still be deemed engaged in the
or not he was qualified to be elected in practice of law because he must obey the
the first place. Public Service Act and the rules and
regulations of the Energy Regulatory
Coming now to the qualifications of the Board.
private respondent, I fear that the
ponencia may have been too sweeping The ponencia quotes an American
in its definition of the phrase "practice of decision defining the practice of law as
law" as to render the qualification the "performance of any acts . . . in or
practically toothless. From the out of court, commonly understood to be
numerous activities accepted as the practice of law," which tells us
embraced in the term, I have the absolutely nothing. The decision goes
uncomfortable feeling that one does not on to say that "because lawyers perform
even have to be a lawyer to be engaged almost every function known in the
in the practice of law as long as his commercial and governmental realm,
activities involve the application of some such a definition would obviously be too
global to be workable."
I have much admiration for respondent
Monsod, no less than for Mr. Justice
The effect of the definition given in the Paras, but I must regretfully vote to
ponencia is to consider virtually every grant the petition.
lawyer to be engaged in the practice of
law even if he does not earn his living, GUTIERREZ, JR., J.,
or at least part of it, as a lawyer. It is dissenting:
enough that his activities are incidentally
(even if only remotely) connected with
some law, ordinance, or regulation. The When this petition was filed, there was
possible exception is the lawyer whose hope that engaging in the practice of law
income is derived from teaching as a qualification for public office would
ballroom dancing or escorting wrinkled be settled one way or another in fairly
ladies with pubescent pretensions. definitive terms. Unfortunately, this was
not the result.
The respondent’s credentials are
impressive, to be sure, but they do not Of the fourteen (14) member Court, 5
persuade me that he has been engaged are of the view that Mr. Christian
in the practice of law for ten years as Monsod engaged in the practice of
required by the Constitution. It is law (with one of these 5 leaving his
conceded that he has been engaged in vote behind while on official leave but
business and finance, in which areas he not expressing his clear stand on the
has distinguished himself, but as an matter); 4 categorically stating that he
executive and economist and not as a did not practice law; 2 voting in the
practicing lawyer. The plain fact is that result because there was no error so
he has occupied the various positions gross as to amount to grave abuse of
listed in his resume by virtue of his discretion; one of official leave with no
experience and prestige as a instructions left behind on how he
businessman and not as an attorney-at- viewed the issue; and 2 not taking part
law whose principal attention is focused in the deliberations and the decision.
on the law. Even if it be argued that he
was acting as a lawyer when he lobbied
in Congress for agrarian and urban There are two key factors that make our
reform, served in the NAMFREL and task difficult. First is our reviewing the
the Constitutional Commission (together work of a constitutional Commission on
with non-lawyers like farmers and Appointments whose duty is precisely
priests) and was a member of the to look into the qualifications of persons
Davide Commission, he has not proved appointed to high office. Even if the
that his activities in these capacities Commission errs, we have no power to
extended over the prescribed 10-year set aside error. We can look only into
period of actual practice of the law. He grave abuse of discretion or whimsically
is doubtless eminently qualified for and arbitrariness. Second is our belief
many other positions worthy of his that Mr. Monsod possesses superior
abundant talents but not as Chairman of qualifications in terms of executive
the Commission on Elections. ability, proficiency in management,
educational background, experience in intermittent, incidental, seasonal, or
international banking and finance, and extemporaneous. To be "engaged" in an
instant recognition by the public. His activity for ten years requires committed
integrity and competence are not participation in something which is the
questioned by the petitioner. What is result of one’s decisive choice. It means
before us is compliance with a specific that one is occupied and involved in the
requirement written into the Constitution. enterprise; one is obliged or pledged to
carry it out with intent and attention
Inspite of my high regard for Mr. during the ten-year period.
Monsod, I cannot shirk my constitutional
duty. He has never engaged in the I agree with the petitioner that based on
practice of law for even one year. He is the bio-data submitted by respondent
a member of the bar but to say that he Monsod to the Commission on
has practiced law is stretching the term Appointments, the latter has not been
beyond rational limits. engaged in the practice of law for at
least ten years. In fact, if appears that
A person may have passed the bar Mr. Monsod has never practiced law
examinations. But if he has not except for an alleged one year period
dedicated his life to the law, if he has after passing the bar examinations
not engaged in an activity where when he worked in his father’s law firm.
membership in the bar is a requirement Even then his law practice must have
I fail to see how he can claim to have been extremely limited because he was
been engaged in the practice of law. also working for M.A. and Ph. D.
degrees in Economics at the University
Engaging in the practice of law is a of Pennsylvania during that period. How
qualification not only for COMELEC could he practice law in the United
chairman but also for appointment to the States while not a member of the Bar
Supreme Court and all lower courts. there?
What kind of Judges or Justices will we
have if there main occupation is selling
real estate, managing a business
corporation, serving in fact-finding
committee, working in media, or
operating a farm with no active
involvement in the law, whether in
Government or private practice, except
that in one joyful moment in the distant
past, they happened to pass the bar
examinations? January 9, 1973

The Constitution uses the phrase IN THE MATTER OF THE

"engaged in the practice of law for at INTEGRATION OF THE BAR OF THE
least ten years." The deliberate choice PHILIPPINES.
of words shows that the practice
envisioned is active and regular, not RESOLUTION
isolated, occasional, accidental,
PER CURIAM: purpose of ascertaining the advisability
of unifying the Philippine Bar.
On December 1, 1972, the Commission
1 In September, 1971, Congress passed
on Bar Integration submitted its Report
dated November 30, 1972, with the House Bill No. 3277 entitled "An Act
"earnest recommendation" — on the Providing for the Integration of the
basis of the said Report and the Philippine Bar, and Appropriating
proceedings had in Administrative Case Funds Therefor." The measure was
2
No. 526 of the Court, and "consistently signed by President Ferdinand E.
with the views and counsel received from Marcos on September 17, 1971 and
its [the Commission's] Board of took effect on the same day as Rep.
Consultants, as well as the overwhelming Act 6397. This law provides as follows:
nationwide sentiment of the Philippine
Bench and Bar" — SECTION 1. Within two
that "this Honorable Court ordain the years from the approval of
integration of the Philippine Bar as this Act, the Supreme
soon as possible through the adoption Court may adopt rules of
and promulgation of an appropriate court to effect the
Court Rule." integration of the
Philippine Bar under such
The petition in Adm. Case No. 526 conditions as it shall see fit
formally prays the Court to order the in order to raise the
integration of the Philippine Bar, after standards of the legal
due hearing, giving recognition as far as profession, improve the
possible and practicable to existing administration of justice,
provincial and other local Bar and enable the Bar to
associations. On August 16, 1962, discharge its public
arguments in favor of as well as in responsibility more
opposition to the petition were orally effectively.
expounded before the Court. Written
3
oppositions were admitted, and all SEC. 2. The sum of five
parties were thereafter granted leave to hundred thousand pesos
4
file written memoranda. is hereby appropriated, out
of any funds in the
Since then, the Court has closely National Treasury not
observed and followed significant otherwise appropriated, to
developments relative to the matter of carry out the purposes of
the integration of the Bar in this this Act. Thereafter, such
jurisdiction. sums as may be
necessary for the same
In 1970, convinced from preliminary purpose shall be included
surveys that there had grown a strong in the annual
nationwide sentiment in favor of Bar appropriations for the
integration, the Court created the Supreme Court.
Commission on Bar Integration for the
 SEC. 3. This Act shall take entire lawyer population of
effect upon its approval. the Philippines. This
requires membership and
The Report of the Commission abounds f inancial support (in
with argument on the constitutionality of reasonable amount) of
Bar integration and contains all every attorney as
necessary factual data bearing on the conditions sine qua non to
advisability (practicability and necessity) the practice of law and the
of Bar integration. Also embodied retention of his name in
therein are the views, opinions, the Roll of Attorneys of the
sentiments, comments and observations Supreme Court.
of the rank and file of the Philippine
lawyer population relative to Bar The term "Bar" refers to
integration, as well as a proposed the collectivity of all
integration Court Rule drafted by the persons whose names
Commission and presented to them by appear in the Roll of
that body in a national Bar plebiscite. Attorneys. An Integrated
There is thus sufficient basis as well as Bar (or Unified Bar)
ample material upon which the Court perforce must include
may decide whether or not to integrate all lawyers.
the Philippine Bar at this time.
Complete unification is not
The following are the pertinent issues: possible unless it is
decreed by an entity with
(1) Does the Court have power to do so: the State.
the power to integrate Bar integration, therefore,
the Philippine Bar? signifies the setting up by
Government authority of a
(2) Would the national organization of
integration of the Bar be the legal profession based
constitutional? on the recognition of the
lawyer as an officer of the
(3) Should the Court court.
ordain the integration
of the Bar at this time? Designed to improve the
position of the Bar as an
A resolution of these issues requires, at instrumentality of justice
the outset, a statement of the meaning of and the Rule of Law,
Bar integration. It will suffice, for this integration fosters cohesion
purpose, to adopt the concept given by among lawyers, and
the Commission on Bar Integration on ensures, through their own
pages 3 to 5 of its Report, thus: organized action and
participation, the promotion
Integration of the of the objectives of the legal
Philippine Bar means the profession, pursuant to the
official unification of the principle of
maximum Bar autonomy recommendations thereon;
with minimum supervision and
and regulation by the
Supreme Court. (8) Enable the Bar to
discharge its public
The purposes of an responsibility effectively.
integrated Bar, in general,
are: Integration of the Bar will,
among other things, make
(1) Assist in the it possible for the legal
administration of justice; profession to:

(2) Foster and maintain on (1) Render more effective

the part of its members assistance in maintaining
high ideals of integrity, the Rule of Law;
learning, professional
competence, public (2) Protect lawyers and
service and conduct; litigants against the abuse
of tyrannical judges and
(3) Safeguard the prosecuting officers;
professional interests of
its members; (3) Discharge, fully and
properly, its responsibility
(4) Cultivate among its in the disciplining and/or
members a spirit of removal of incompetent
cordiality and brotherhood; and unworthy judges and
prosecuting officers;
(5) Provide a forum for
the discussion of law, (4) Shield the judiciary,
jurisprudence, law reform, which traditionally cannot
pleading, practice and defend itself except within
procedure, and the its own forum, from the
relations of the Bar to the assaults that politics and
Bench and to the public, self-interest may level at
and publish information it, and assist it to maintain
relating thereto; its integrity, impartiality
and independence;
(6) Encourage and foster
legal education; (5) Have an effective voice
in the selection of judges
(7) Promote a continuing and prosecuting officers;
program of legal research
in substantive and (6) Prevent the
adjective law, and make unauthorized practice of
reports and law, and break up any
monopoly of local practice
maintained through (14) Generate and
influence or position; maintain pervasive and
meaningful country-wide
(7) Establish welfare funds involvement of the
for families of disabled and lawyer population in the
deceased lawyers; solution of the
multifarious problems
(8) Provide placement that afflict the nation.
services, and establish
legal aid offices and set up Anent the first issue, the Court is of the
lawyer reference services view that it may integrate the Philippine
throughout the country so Bar in the exercise of its power, under
that the poor may not lack Article VIII, Sec. 13 of the Constitution,
competent legal service; "to promulgate rules concerning
pleading, practice, and procedure in all
(9) Distribute educational courts, and the admission to the practice
and informational of law." Indeed, the power to integrate is
materials that are difficult an inherent part of the Court's
to obtain in many of our constitutional authority over the Bar. In
provinces; providing that "the Supreme Court may
adopt rules of court to effect the
(10) Devise and maintain integration of the Philippine Bar,"
a program of continuing Republic Act 6397 neither confers a new
legal education for power nor restricts the Court's inherent
practising attorneys in power, but is a mere legislative
order to elevate the declaration that the integration of the
standards of the Bar will promote public interest or, more
profession throughout the specifically, will "raise the standards of
country; the legal profession, improve the
administration of justice, and enable the
(11) Enforce rigid ethical Bar to discharge its public responsibility
standards, and promulgate more effectively."
minimum fees schedules;
Resolution of the second issue —
(12) Create law centers whether the unification of the Bar would
and establish law libraries be constitutional — hinges on the
for legal research; effects of Bar integration on the
lawyer's constitutional rights of freedom
(13) Conduct campaigns of association and freedom of speech,
to educate the people on and on the nature of the dues exacted
their legal rights and from him.
obligations, on the
importance of preventive The Court approvingly quotes the
legal advice, and on the following pertinent discussion made
functions and duties of by the Commission on Bar Integration
the Filipino lawyer; and pages 44 to 49 of its Report:
 Constitutionality of Bar — These public
Integration responsibilities can best
be discharged through
Judicial Pronouncements. collective action; but there
can be no collective action
In all cases where the without an organized
validity of Bar integration body; no organized body
measures has been put in can operate effectively
issue, the Courts have without incurring
upheld their expenses; therefore, it is
constitutionality. fair and just that all
attorneys be required to
The judicial contribute to the support of
pronouncements support such organized body; and,
this reasoning: given existing Bar
conditions, the most
— Courts have inherent efficient means of doing so
power to supervise and is by integrating the Bar
regulate the practice of through a rule of court that
law. requires all lawyers to pay
annual dues to the
— The practice of law is Integrated Bar.
not a vested right but a
privilege; a privilege, 1. Freedom of Association.
moreover, clothed with
public interest, because To compel a lawyer to be
a lawyer owes duties not a member of an integrated
only to his client, but also Bar is not violative of his
to his brethren in the constitutional freedom to
profession, to the courts, associate (or the corollary
and to the nation; and right not to associate).
takes part in one of the
most important functions Integration does not make
of the State, the a lawyer a member of any
administration of justice, group of which he is not
as an officer of the court. already a member. He
became a member of the
— Because the practice of Bar when he passed the
law is privilege clothed Bar examinations. All that
with public interest, it is far integration actually does
and just that the exercise is to provide an official
of that privilege be national organization for
regulated to assure the well-defined but
compliance with the unorganized and
lawyer's public incohesive group of which
responsibilities.
every lawyer is already a regulatory program — the
member. lawyers.

Bar integration does not Assuming that Bar

compel the lawyer to integration does compel a
associate with anyone. He lawyer to be a member of
is free to attend or not the Integrated Bar, such
attend the meetings of his compulsion is justified as
Integrated Bar Chapter or an exercise of the police
vote or refuse to vote in its power of the State. The
elections as he chooses. legal profession has long
The body compulsion to been regarded as a proper
which he is subjected is subject of legislative
the payment of annual regulation and control.
dues. Moreover, the inherent
power of the Supreme
Otherwise stated, Court to regulate the Bar
membership in the Unified includes the authority to
Bar imposes only the duty integrate the Bar.
to pay dues in reasonable
amount. The issue 2. Regulatory Fee.
therefore, is a question of
compelled financial For the Court to prescribe
support of group activities, dues to be paid by the
not involuntary members does not mean
membership in any other that the Court levies a tax.
aspect.
A membership fee in the
The greater part of Unified Integrated Bar is an
Bar activities serves the exaction for regulation,
function of elevating the while the purpose of a tax
educational and ethical is revenue. If the Court
standards of the Bar to the has inherent power to
end of improving the regulate the Bar, it follows
quality of the legal service that as an incident to
available to the people. regulation, it may impose
The Supreme Court, in a membership fee for that
order to further the State's purpose. It would not be
legitimate interest in possible to push through
elevating the quality of an Integrated Bar program
professional services, may without means to defray
require that the cost of the concomitant expenses.
improving the profession in The doctrine of implied
this fashion be shared by powers necessarily
the subjects and includes the power to
beneficiaries of the impose such an exaction.
The only limitation upon The objection would make
the State's power to every Governmental
regulate the Bar is that the exaction the material of a
regulation does not "free speech" issue. Even
impose an unconstitutional the income tax would be
burden. The public interest suspect. The objection
promoted by the would carry us to lengths
integration of the Bar far that have never been
outweighs the dreamed of. The
inconsequential conscientious objector, if
inconvenience to a his liberties were to be
member that might result thus extended, might
from his required payment refuse to contribute taxes
of annual dues. in furtherance of war or of
any other end condemned
3. Freedom of Speech. by his conscience as
irreligious or immoral. The
A lawyer is free, as he has right of private judgment
always been, to voice his has never yet been
views on any subject in exalted above the powers
any manner he wishes, and the compulsion of the
even though such views agencies of Government.
be opposed to positions
taken by the Unified Bar. 4. Fair to All Lawyers.

For the Integrated Bar to Bar integration is not unfair

use a member's due to to lawyers already
promote measures to practising because
which said member is although the requirement
opposed, would not nullify to pay annual dues is a
or adversely affect his new regulation, it will give
freedom of speech. the members of the Bar a
new system which they
Since a State may hitherto have not had and
constitutionally condition through which, by proper
the right to practice law work, they will receive
upon membership in the benefits they have not
Integrated Bar, it is difficult heretofore enjoyed, and
to understand why it discharge their public
should become responsibilities in a more
unconstitutional for the Bar effective manner than they
to use the member's dues have been able to do in
to fulfill the very purposes the past. Because the
for which it was requirement to pay dues is
established. a valid exercise of
regulatory power by the
 Court, because it will apply not be possible; the Bar will become an
equally to all lawyers, impersonal Bar; and politics will intrude
young and old, at the time into its affairs.
Bar integration takes effect,
and because it is a new It is noteworthy, however, that these
regulation in exchange for and other evils prophesied by
new benefits, it is not opponents of Bar integration have failed
retroactive, it is not to materialize in over fifty years of Bar
unequal, it is not unfair. integration experience in England,
Canada and the United States. In all the
To resolve the third and final issue — jurisdictions where the Integrated Bar
whether the Court should ordain the has been tried, none of the abuses or
integration of the Bar at this time — evils feared has arisen; on the other
requires a careful overview of the hand, it has restored public confidence
practicability and necessity as well as in the Bar, enlarged professional
the advantages and disadvantages consciousness, energized the Bar's
of Bar integration. responsibilities to the public, and vastly
improved the administration of justice.
In many other jurisdictions, notably in
England, Canada and the United States, How do the Filipino lawyers themselves
Bar integration has yielded the following regard Bar integration? The official
benefits: (1) improved discipline among statistics compiled by the Commission
the members of the Bar; (2) greater on Bar integration show that in
influence and ascendancy of the Bar; (3) the national poll recently conducted by
better and more meaningful participation the Commission in the matter of the
of the individual lawyer in the activities of integration of the Philippine Bar, of a
the Integrated Bar; (4) greater Bar total of 15,090 lawyers from all over the
facilities and services; (5) elimination of archipelago who have turned in their
unauthorized practice; (6) avoidance of individual responses, 14,555 (or 96.45
costly membership campaigns; (7) per cent) voted in favor of Bar
establishment of an official status for the integration, while only 378 (or 2.51 per
Bar; (8) more cohesive profession; and cent) voted against it, and 157 (or 1.04
(9) better and more effective discharge per cent) are non-commital. In addition,
by the Bar of its obligations and a total of eighty (80) local Bar
responsibilities to its members, to the association and lawyers' groups all over
courts, and to the public. No less than the Philippines have submitted
these salutary consequences are resolutions and other expressions of
envisioned and in fact expected from unqualified endorsement and/or support
the unification of the Philippine Bar. for Bar integration, while not a single
local Bar association or lawyers' group
Upon the other hand, it has been has expressed opposed position
variously argued that in the event of thereto. Finally, of the 13,802 individual
integration, Government authority will lawyers who cast their plebiscite ballots
dominate the Bar; local Bar associations on the proposed integration Court Rule
will be weakened; cliquism will be the drafted by the Commission, 12,855 (or
inevitable result; effective lobbying will 93.14 per cent) voted in favor
thereof, 662 (or 4.80 per cent) vote CORONA, J.:
against it, and 285 (or 2.06 per cent) are
5
non-committal. All these clearly indicate This bar matter concerns the petition
an overwhelming nationwide demand for of petitioner Benjamin M. Dacanay for
Bar integration at this time. leave to resume the practice of law.

The Court is fully convinced, after a Petitioner was admitted to the Philippine
thoroughgoing conscientious study of bar in March 1960. He practiced law
all the arguments adduced in Adm. until he migrated to Canada in
Case No. 526 and the authoritative December 1998 to seek medical
materials and the mass of factual data attention for his ailments. He
contained in the exhaustive Report of subsequently applied for Canadian
the Commission on Bar Integration, that citizenship to avail of Canada’s free
the integration of the Philippine Bar is medical aid program. His application
"perfectly constitutional and legally was approved and he became a
unobjectionable," within the context of Canadian citizen in May 2004.
contemporary conditions in the
Philippines, has become an imperative On July 14, 2006, pursuant to Republic
means to raise the standards of the Act (RA) 9225 (Citizenship Retention
legal profession, improve the and Re-Acquisition Act of 2003),
administration of justice, and enable the petitioner reacquired his Philippine
Bar to discharge its public responsibility 1
citizenship. On that day, he took his
fully and effectively. oath of allegiance as a Filipino citizen
before the Philippine Consulate General
ACCORDINGLY, the Court, by virtue in Toronto, Canada. Thereafter, he
of the power vested in it by Section 13 returned to the Philippines and now
of Article VIII of the Constitution, intends to resume his law practice.
hereby ordains the integration of the There is a question, however, whether
Bar of the Philippines in accordance petitioner Benjamin M. Dacanay lost his
with the attached COURT RULE, membership in the Philippine bar when
effective on January 16, 1973. he gave up his Philippine citizenship in
May 2004. Thus, this petition.

In a report dated October 16, 2007, the

Office of the Bar Confidant cites Section
2, Rule 138 (Attorneys and Admission to
Bar) of the Rules of Court:

B.M. No. 1678 December 17, SECTION 2. Requirements for

2007 all applicants for admission to
the bar. – Every applicant for
PETITION FOR LEAVE TO RESUME admission as a member of the
PRACTICE OF LAW, bar must be a citizen of the
BENJAMIN M. DACANAY, petitioner. Philippines, at least twenty-one
years of age, of good moral
RESOLUTION character, and a resident of the
 Philippines; and must produce these conditions makes him unworthy
before the Supreme Court of the trust and confidence which the
satisfactory evidence of good courts and clients repose in him for the
moral character, and that no continued exercise of his professional
charges against him, involving 4
privilege.
moral turpitude, have been filed
or are pending in any court in Section 1, Rule 138 of the Rules of
the Philippines. Court provides:

Applying the provision, the Office of the SECTION 1. Who may practice
Bar Confidant opines that, by virtue of his law. – Any person heretofore duly
reacquisition of Philippine citizenship, in admitted as a member of the bar,
2006, petitioner has again met all the or thereafter admitted as such in
qualifications and has none of the accordance with the provisions of
disqualifications for membership in the this Rule, and who is in good and
bar. It recommends that he be allowed to regular standing, is entitled to
resume the practice of law in the practice law.
Philippines, conditioned on his retaking
the lawyer’s oath to remind him of his Pursuant thereto, any person
duties and responsibilities as a member admitted as a member of the
of the Philippine bar. Philippine bar in accordance with the
statutory requirements and who is in
We approve the recommendation of the good and regular standing is entitled
Office of the Bar Confidant with certain to practice law.
modifications.
Admission to the bar requires certain
The practice of law is a privilege qualifications. The Rules of Court
2
burdened with conditions. It is so mandates that an applicant for
delicately affected with public interest admission to the bar be a citizen of the
that it is both a power and a duty of the Philippines, at least twenty-one years
State (through this Court) to control and of age, of good moral character and a
5
regulate it in order to protect and resident of the Philippines. He must
3 also produce before this Court
promote the public welfare.
satisfactory evidence of good moral
Adherence to rigid standards of mental character and that no charges against
fitness, maintenance of the highest him, involving moral turpitude, have
degree of morality, faithful observance of been filed or are pending in any court in
6
the rules of the legal profession, the Philippines.
compliance with the mandatory
continuing legal education requirement Moreover, admission to the bar involves
and payment of membership fees to the various phases such as furnishing
Integrated Bar of the Philippines (IBP) satisfactory proof of educational, moral
7
are the conditions required for and other qualifications; passing the bar
8 9
membership in good standing in the bar examinations; taking the lawyer’s oath
and for enjoying the privilege to practice and signing the roll of attorneys and
law. Any breach by a lawyer of any of receiving from the clerk of court of
this Court a certificate of the license Filipino lawyer who becomes a citizen of
10 another country is deemed never to
to practice.
have lost his Philippine citizenship if he
The second requisite for the practice of reacquires it in accordance with RA
law ― membership in good standing ― 9225. Although he is also deemed never
is a continuing requirement. This means to have terminated his membership in
continued membership and, the Philippine bar, no automatic right to
concomitantly, payment of annual resume law practice accrues.
11
membership dues in the IBP;
payment of the annual professional Under RA 9225, if a person intends to
12
tax; compliance with the mandatory practice the legal profession in the
continuing legal education Philippines and he reacquires his
13
requirement; faithful observance of the Filipino citizenship pursuant to its
rules and ethics of the legal profession provisions "(he) shall apply with the
and being continually subject to judicial proper authority for a license or permit
14 18
disciplinary control. to engage in such practice." Stated
otherwise, before a lawyer who
Given the foregoing, may a lawyer reacquires Filipino citizenship pursuant
who has lost his Filipino citizenship still to RA 9225 can resume his law practice,
practice law in the Philippines? No. he must first secure from this Court the
authority to do so, conditioned on:
The Constitution provides that the
practice of all professions in the (a) the updating and payment in
Philippines shall be limited to Filipino full of the annual membership
citizens save in cases prescribed by dues in the IBP;
15
law. Since Filipino citizenship is a
requirement for admission to the bar, (b) the payment of professional
loss thereof terminates membership in tax;
the Philippine bar and, consequently,
the privilege to engage in the practice of (c) the completion of at least 36
law. In other words, the loss of Filipino credit hours of mandatory
citizenship ipso jure terminates the continuing legal education; this is
privilege to practice law in the specially significant to refresh the
Philippines. The practice of law is a applicant/petitioner’s knowledge
16 of Philippine laws and update him
privilege denied to foreigners.
of legal developments and
The exception is when Filipino
citizenship is lost by reason of (d) the retaking of the lawyer’s
naturalization as a citizen of another oath which will not only remind
country but subsequently reacquired him of his duties and
pursuant to RA 9225. This is because responsibilities as a lawyer and
"all Philippine citizens who become as an officer of the Court, but
citizens of another country shall also renew his pledge to
be deemed not to have lost their maintain allegiance to the
Philippine citizenship under the Republic of the Philippines.
17
conditions of [RA 9225]." Therefore, a
Compliance with these conditions will The facts of this case are as follows:
restore his good standing as a
member of the Philippine bar. Vicente D. Ching, the legitimate son of
the spouses Tat Ching, a Chinese citizen,
WHEREFORE, the petition of Attorney and Prescila A. Dulay, a Filipino, was
Benjamin M. Dacanay is born in Francia West, Tubao, La Union
hereby GRANTED, subject to on 11 April 1964. Since his birth, Ching
compliance with the conditions stated has resided in the Philippines.
above and submission of proof of
such compliance to the Bar Confidant, On 17 July 1998, Ching, after having
after which he may retake his oath as completed a Bachelor of Laws course
a member of the Philippine bar. at the St. Louis University in Baguio
City, filed an application to take the
SO ORDERED. 1998 Bar Examinations. In a Resolution
of this Court, dated 1 September 1998,
he was allowed to take the Bar
Examinations, subject to the condition
that he must submit to the Court proof
of his Philippine citizenship.

In compliance with the above resolution,

BAR MATTER No. 914 October Ching submitted on 18 November 1998,
1, 1999 the following documents:

RE: APPLICATION FOR ADMISSION 1. Certification, dated 9

TO THE PHILIPPINE BAR, June 1986, issued by the
Board of Accountancy of
vs. the Professional
Regulations Commission
VICENTE D. CHING, applicant. showing that Ching is a
certified public accountant;
RESOLUTION
2. Voter Certification,
dated 14 June 1997,
issued by Elizabeth B.
KAPUNAN, J.: Cerezo, Election Officer
of the Commission on
Can a legitimate child born under the Elections (COMELEC) in
1935 Constitution of a Filipino mother and Tubao La Union showing
an alien father validly elect Philippine that Ching is a registered
citizenship fourteen (14) years after he voter of the said place;
has reached the age of majority? This is and
the question sought to be resolved in the
present case involving the application for 3. Certification, dated 12
admission to the Philippine Bar of Vicente October 1998, also issued
D. Ching. by Elizabeth B. Cerezo,
 showing that Ching was must concur in order that the election of
elected as a member of Philippine citizenship may be effective,
the Sangguniang Bayan namely: (a) the mother of the person
of Tubao, La Union during making the election must be a citizen of
the 12 May 1992 the Philippines; and (b) said election
synchronized elections. must be made upon reaching the age
3
of majority." The OSG then explains
On 5 April 1999, the results of the 1998 the meaning of the phrase "upon
Bar Examinations were released and reaching the age of majority:"
Ching was one of the successful Bar
examinees. The oath-taking of the The clause "upon reaching
successful Bar examinees was the age of majority" has
scheduled on 5 May 1999. However, been construed to mean a
because of the questionable status of reasonable time after
Ching's citizenship, he was not allowed reaching the age of majority
to take his oath. Pursuant to the which had been interpreted
resolution of this Court, dated 20 April by the Secretary of Justice
1999, he was required to submit further to be three (3) years
proof of his citizenship. In the same (VELAYO, supra at p.
resolution, the Office of the Solicitor
General (OSG) was required to file a 51 citing Op., Sec. of
comment on Ching's petition for Justice No. 70, s. 1940,
admission to the bar and on the Feb. 27, 1940). Said
documents evidencing his Philippine period may be extended
citizenship. under certain
circumstances, as when
The OSG filed its comment on 8 July a (sic) person concerned
1999, stating that Ching, being the has always considered
"legitimate child of a Chinese father and himself a Filipino
a Filipino mother born under the 1935 (ibid., citing Op. Nos. 355
Constitution was a Chinese citizen and and 422, s. 1955; 3, 12,
continued to be so, unless upon 46, 86 and 97, s. 1953).
reaching the age of majority he elected But in Cuenco, it was held
1
Philippine citizenship" in strict that an election done after
compliance with the provisions of over seven (7) years was
Commonwealth Act No. 625 entitled "An not made within a
Act Providing for the Manner in which reasonable time.
the Option to Elect Philippine
Citizenship shall be Declared by a In conclusion, the OSG points out that
Person Whose Mother is a Filipino Ching has not formally elected Philippine
Citizen." The OSG adds that "(w)hat he citizenship and, if ever he does, it would
acquired at best was only an inchoate already be beyond the "reasonable time"
Philippine citizenship which he could allowed by present jurisprudence.
perfect by election upon reaching the However, due to the peculiar
2
age of majority." In this regard, the circumstances surrounding Ching's case,
OSG clarifies that "two (2) conditions the OSG recommends the
relaxation of the standing rule on the 7. My election was
construction of the phrase expressed in a statement
"reasonable period" and the allowance signed and sworn to by
of Ching to elect Philippine citizenship me before a notary public;
in accordance with C.A. No. 625 prior
to taking his oath as a member of the 8. I accompanied my
Philippine Bar. election of Philippine
citizenship with the oath of
On 27 July 1999, Ching filed a allegiance to the
Manifestation, attaching therewith his Constitution and the
Affidavit of Election of Philippine Government of the
Citizenship and his Oath of Allegiance, Philippines;
both dated 15 July 1999. In his
Manifestation, Ching states: 9. I filed my election of
Philippine citizenship and
1. I have always my oath of allegiance to
considered myself as a (sic) the Civil Registrar of
Filipino; Tubao La Union, and

2. I was registered as a 10. I paid the amount of

Filipino and consistently TEN PESOS (Ps. 10.00)
declared myself as one as filing fees.
in my school records and
other official documents; Since Ching has already elected
Philippine citizenship on 15 July 1999,
3. I am practicing a the question raised is whether he has
profession (Certified Public elected Philippine citizenship within a
Accountant) reserved for "reasonable time." In the affirmative,
Filipino citizens; whether his citizenship by election
retroacted to the time he took the bar
4. I participated in electoral examination.
process[es] since the time I
was eligible to vote; When Ching was born in 1964, the
governing charter was the 1935
5. I had served the people Constitution. Under Article IV, Section
of Tubao, La Union as a 1(3) of the 1935 Constitution, the
member of the citizenship of a legitimate child born of a
Sangguniang Bayan from Filipino mother and an alien father
1992 to 1995; followed the citizenship of the father,
unless, upon reaching the age of
6. I elected Philippine majority, the child elected Philippine
4
citizenship on July 15, citizenship. This right to elect
1999 in accordance Philippine citizenship was recognized in
with Commonwealth Act the 1973 Constitution when it provided
No. 625; that "(t)hose who elect Philippine
citizenship pursuant to the provisions of
the Constitution of nineteen hundred The 1935 Charter only provides that the
and thirty-five" are citizens of the election should be made "upon reaching
5 the age of majority." The age of majority
Philippines. Likewise, this recognition
by the 1973 Constitution was carried then commenced upon reaching twenty-
9
over to the 1987 Constitution which one (21) years. In the opinions of the
states that "(t)hose born before January Secretary of Justice on cases involving
17, 1973 of Filipino mothers, who elect the validity of election of Philippine
Philippine citizenship upon reaching the citizenship, this dilemma was resolved
6 by basing the time period on the
age of majority" are Philippine citizens.
It should be noted, however, that the decisions of this Court prior to the
1973 and 1987 Constitutional provisions effectivity of the 1935 Constitution. In
on the election of Philippine citizenship these decisions, the proper period for
should not be understood as having a electing Philippine citizenship was, in
curative effect on any irregularity in the turn, based on the pronouncements of
acquisition of citizenship for those the Department of State of the United
7 States Government to the effect that the
covered by the 1935 Constitution. If
election should be made within a
the citizenship of a person was subject
"reasonable time" after attaining the age
to challenge under the old charter, it 10
remains subject to challenge under the of majority. The phrase "reasonable
new charter even if the judicial time" has been interpreted to mean that
challenge had not been commenced the election should be made within three
before the effectivity of the new (3) years from reaching the age of
11
Constitution.
8 majority. However, we held in Cuenco
12
vs. Secretary of Justice, that the three
C.A. No. 625 which was enacted (3) year period is not an inflexible rule.
pursuant to Section 1(3), Article IV of We said:
the 1935 Constitution, prescribes the
procedure that should be followed in It is true that this clause
order to make a valid election of has been construed to
Philippine citizenship. Under Section 1 mean a reasonable period
thereof, legitimate children born of after reaching the age of
Filipino mothers may elect Philippine majority, and that the
citizenship by expressing such intention Secretary of Justice has
"in a statement to be signed and sworn ruled that three (3) years
to by the party concerned before any is the reasonable time to
officer authorized to administer oaths, elect Philippine citizenship
and shall be filed with the nearest civil under the constitutional
registry. The said party shall accompany provision adverted to
the aforesaid statement with the oath of above, which period may
allegiance to the Constitution and the be extended under certain
Government of the Philippines." circumstances, as when
the person concerned has
However, the 1935 Constitution and always considered himself
13
C.A. No. 625 did not prescribe a time a Filipino.
period within which the election of
Philippine citizenship should be made.
However, we cautioned in Cuenco that Ching erroneously labels as informal
the extension of the option to elect election of citizenship. Ching cannot
Philippine citizenship is not indefinite: find a refuge in the case of In re:
15
Florencio Mallare, the pertinent
Regardless of the portion of which reads:
foregoing, petitioner was
born on February 16, And even
1923. He became of age assuming arguendo that
on February 16, 1944. His Ana Mallare were (sic)
election of citizenship was legally married to an alien,
made on May 15, 1951, Esteban's exercise of the
when he was over twenty- right of suffrage when he
eight (28) years of age, or came of age, constitutes a
over seven (7) years after positive act of election of
he had reached the age Philippine citizenship. It
of majority. It is clear that has been established that
said election has not been Esteban Mallare was a
made "upon reaching the registered voter as of April
14 14, 1928, and that as early
age of majority."
as 1925 (when he was
In the present case, Ching, having been about 22 years old),
born on 11 April 1964, was already Esteban was already
thirty-five (35) years old when he participating in the
complied with the requirements of C.A. elections and campaigning
No. 625 on 15 June 1999, or over for certain candidate[s].
fourteen (14) years after he had These acts are sufficient to
reached the age of majority. Based on show his preference for
16
the interpretation of the phrase "upon Philippine citizenship.
reaching the age of majority," Ching's
election was clearly beyond, by any Ching's reliance on Mallare is
reasonable yardstick, the allowable misplaced. The facts and circumstances
period within which to exercise the obtaining therein are very different from
privilege. It should be stated, in this those in the present case, thus,
connection, that the special negating its applicability. First, Esteban
circumstances invoked by Ching, i.e., Mallare was born before the effectivity
his continuous and uninterrupted stay in of the 1935 Constitution and the
the Philippines and his being a certified enactment of C.A. No. 625. Hence, the
public accountant, a registered voter requirements and procedures
and a former elected public official, prescribed under the 1935 Constitution
cannot vest in him Philippine citizenship and C.A. No. 625 for electing Philippine
as the law specifically lays down the citizenship would not be applicable to
requirements for acquisition of him. Second, the ruling in Mallare was
Philippine citizenship by election. an obiter since, as correctly pointed out
by the OSG, it was not necessary for
Definitely, the so-called special Esteban Mallare to elect Philippine
circumstances cannot constitute what citizenship because he was already a
Filipino, he being a natural child of a suffrage and the
Filipino mother. In this regard, the participation in election
Court stated: exercises constitute a
positive act of election of
Esteban Mallare, natural Philippine citizenship. In
child of Ana Mallare, a the exact pronouncement
Filipina, is therefore of the Court, we held:
himself a Filipino, and no
other act would be Esteban's
necessary to confer on exercise of
him all the rights and the right of
privileges attached to suffrage
Philippine citizenship when he
(U.S. vs. Ong Tianse, 29 came of age
Phil. 332; Santos Co vs. constitutes a
Government of the positive act
Philippine Islands, 42 Phil. of Philippine
543, Serra vs. Republic, citizenship.
L-4223, May 12, 1952, Sy (p. 52:
Quimsuan vs. Republic, L- emphasis
4693, Feb. 16, 1953; supplied)
Pitallano vs. Republic, L-
5111, June 28, 1954). The private respondent did more than
Neither could any act be merely exercise his right of suffrage.
taken on the erroneous He has established his life here in the
belief that he is a non- Philippines.
filipino divest him of the
citizenship privileges to For those in the peculiar
which he is rightfully situation of the respondent
17
entitled. who cannot be excepted
to have elected Philippine
The ruling in Mallare was reiterated and citizenship as they were
further elaborated in Co vs. Electoral already citizens, we apply
Tribunal of the House of the In Re Mallare rule.
18
Representatives, where we held:
xxx xxx xxx
We have jurisprudence
that defines "election" The filing of sworn
as both a formal and an statement or formal
informal process. declaration is a
requirement for those who
In the case of In still have to elect
re: Florencio Mallare citizenship. For those
(59 SCRA 45 [1974]), already Filipinos when the
the Court held that the time to elect came up,
exercise of the right of there are acts of
deliberate
 choice which cannot be to validly elect Philippine citizenship.
less binding. Entering a The span of fourteen (14) years that
profession open only to lapsed from the time he reached the
Filipinos, serving in public age of majority until he finally expressed
office where citizenship is his intention to elect Philippine
a qualification, voting citizenship is clearly way beyond the
during election time, contemplation of the requirement of
running for public office, electing "upon reaching the age of
and other categorical majority." Moreover, Ching has offered
acts of similar nature are no reason why he delayed his election
themselves formal of Philippine citizenship. The prescribed
manifestations for these procedure in electing Philippine
persons. citizenship is certainly not a tedious and
painstaking process. All that is required
An election of Philippine of the elector is to execute an affidavit of
citizenship presupposes election of Philippine citizenship and,
that the person electing thereafter, file the same with the nearest
is an alien. Or his status civil registry. Ching's unreasonable and
is doubtful because he is unexplained delay in making his election
a national of two cannot be simply glossed over.
countries. There is no
doubt in this case about Philippine citizenship can never be
Mr. Ong's being a Filipino treated like a commodity that can be
when he turned twenty- claimed when needed and suppressed
one (21). 20
when convenient. One who is
privileged to elect Philippine
We repeat that any citizenship has only an inchoate right
election of Philippine to such citizenship. As such, he should
citizenship on the part of avail of the right with fervor,
the private respondent enthusiasm and promptitude. Sadly, in
would not only have this case, Ching slept on his
been superfluous but it opportunity to elect Philippine
would also have resulted citizenship and, as a result. this golden
in an absurdity. How can privilege slipped away from his grasp.
a Filipino citizen elect
19 IN VIEW OF THE FOREGOING, the
Philippine citizenship?
Court Resolves to DENY Vicente D.
The Court, like the OSG, is sympathetic Ching's application for admission to
with the plight of Ching. However, even the Philippine Bar.
if we consider the special circumstances
in the life of Ching like his having lived SO ORDERED.
in the Philippines all his life and his
consistent belief that he is a Filipino,
controlling statutes and jurisprudence
constrain us to disagree with the
recommendation of the OSG.
Consequently, we hold that Ching failed
 application for probation was granted in
an Order dated 18 June 1993 issued by
Regional Trial Court Judge Pedro T.
Santiago. The period of probation was
B.M. No. 712 July 13, 1995 set at two (2) years, counted from the
probationer's initial report to the
IN THE MATTER OF THE ADMISSION probation officer assigned to
TO THE BAR AND OATH-TAKING OF supervise him.
SUCCESSFUL BAR APPLICANT AL C.
ARGOSINO, petitioner. Less than a month later, on 13 July
1993, Mr. Argosino filed a Petition for
RESOLUTION Admission to Take the 1993 Bar
Examinations. In this Petition, he
disclosed the fact of his criminal
conviction and his then probation
FELICIANO, J.: status. He was allowed to take the 1993
Bar Examinations in this Court's En
A criminal information was filed on 4 Banc Resolution dated 14 August
1
February 1992 with the Regional Trial 1993. He passed the Bar Examination.
Court of Quezon City, Branch 101, He was not, however, allowed to take the
charging Mr. A.C. Argosino along with lawyer's oath of office.
thirteen (13) other individuals, with the
crime of homicide in connection with the On 15 April 1994, Mr. Argosino filed a
death of one Raul Camaligan on 8 Petition with this Court to allow him to
September 1991. The death of Raul take the attorney's oath of office and to
Camaligan stemmed from the infliction admit him to the practice of law, averring
of severe physical injuries upon him in that Judge Pedro T. Santiago had
the course of "hazing" conducted as terminated his probation period by virtue
part of university fraternity initiation rites. of an Order dated 11 April 1994. We note
Mr. Argosino and his co-accused then that his probation period did not last for
entered into plea bargaining with the more than ten (10) months from the time
prosecution and as a result of such of the Order of Judge Santiago granting
bargaining, pleaded guilty to the lesser him probation dated 18 June 1993. Since
offense of homicide through reckless then, Mr. Argosino has filed three (3)
imprudence. This plea was accepted by Motions for Early Resolution of his
the trial court. In a judgment dated 11 Petition for Admission to the Bar.
February 1993, each of the fourteen
(14) accused individuals was The practice of law is not a natural,
sentenced to suffer imprisonment for a absolute or constitutional right to be
period ranging from two (2) years, four granted to everyone who demands it.
(4) months and one (1) day to four (4) Rather, it is a high personal privilege
years. limited to citizens of good moral
character, with special educational
Eleven (11) days later, Mr. Argosino and qualifications, duly ascertained and
2
his colleagues filed an application for certified. The essentiality of good
probation with the lower court. The moral character in those who would be
lawyers is stressed in the following And we may pause to say
excerpts which we quote with that this requirement of the
approval and which we regard as statute is eminently
having persuasive effect: proper. Consider for a
moment the duties of a
3 lawyer. He is sought as
In Re Farmer:
counsellor, and his advice
xxx xxx xxx comes home, in its
ultimate effect, to every
This "upright character" man's fireside. Vast
prescribed by the statute, interests are committed to
as a condition precedent his care; he is the recipient
to the applicant's right to of unbounded trust and
receive a license to confidence; he deals with
practice law in North is client's
Carolina, and of which he property, reputation, his
must, in addition to other life, his all. An attorney at
requisites, satisfy the law is a sworn officer of
court, includes all the the Court, whose chief
elements necessary to concern, as such, is to
make up such a aid the administration of
character. It is something justice. . . .
more than an absence of
4
bad character. It is the xxx xxx xxx
good name which the
applicant has acquired, or In Re Application of
5
should have acquired, Kaufman, citing Re
through association with Law Examination of
his fellows. It means that 1926 (1926) 191 Wis
he must have conducted 359, 210 NW 710:
himself as a man of
upright character ordinarily It can also be truthfully
would, or should, or said that there exists
does. Such character nowhere greater
expresses itself, not in temptations to deviate
negatives nor in following from the straight and
the line of least narrow path than in the
resistance, but quite multiplicity of
often, in the will to do the circumstances that arise in
unpleasant thing if it is the practice of profession.
right, and the resolve not For these reasons the
to do the pleasant thing if it wisdom of requiring an
is wrong. . . . applicant for admission to
the bar to possess a high
xxx xxx xxx moral standard therefore
becomes clearly apparent,
and the board of bar basis, but not all will attain
examiners as an arm of it. Elaborate machinery
the court, is required to has been set up to test
cause a minute applicants by standards
examination to be made of fair to all and to separate
the moral standard of each the fit from the unfit. Only
candidate for admission to those who pass the test
practice. . . . It needs no are allowed to enter the
further argument, profession, and only
therefore, to arrive at the those who maintain the
conclusion that the highest standards are allowed to
degree of scrutiny must be remain in it.
exercised as to the moral
character of a candidate 7
Re Rouss:
who presents himself for
admission to the bar. The Membership in the bar is a
evil must, if possible, be privilege burdened with
successfully met at its very conditions, and a fair
source, and prevented, for, private and professional
after a lawyer has once character is one of them;
been admitted, and has to refuse admission to an
pursued his profession, unworthy applicant is not
and has established to punish him for past
himself therein, a far more offense: an examination
difficult situation is into character, like the
presented to the court examination into
when proceedings are learning, is merely a test
instituted for disbarment of
and for the recalling and fitness.
annulment of his license.
Cobb vs. Judge of
6 8
In Re Keenan: Superior Court:

The right to practice law is Attorney's are licensed

not one of the inherent because of their learning
rights of every citizen, as and ability, so that they
in the right to carry on an may not only protect the
ordinary trade or business. rights and interests of
It is a peculiar privilege their clients, but be able to
granted and continued assist court in the trial of
only to those who the cause. Yet what
demonstrate special protection to clients or
fitness in intellectual assistance to courts could
attainment and in moral such agents give? They
character. All may aspire are required to be of good
to it on an absolutely equal moral character, so that
the agents and officers of
 the court, which they are, and to the
may not bring discredit proper
upon the due administratio
administration of the law, n of justice
and it is of the highest than legal
possible consequence learning.
that both those who have Legal
not such qualifications in learning may
the first instance, or who, be acquired
having had them, have in after
fallen therefrom, shall not years, but if
be permitted to appear in the applicant
courts to aid in the passes the
administration of justice. threshold of
the bar with
It has also been stressed that the a bad moral
requirement of good moral character character the
is, in fact, of greater importance so far chances are
as the general public and the proper that his
administration of justice are concerned, character will
than the possession of legal learning: remain
bad, and that
. . . (In re Applicants for he will
License, 55 S.E. 635, 143 become a
N.C. 1, 10 L.R.A. [N.S.] disgrace
288, 10 Ann./Cas. 187): instead of an
ornament to
The public his great
policy of our calling — a
state has curse
always been instead
to admit no of a benefit
person to the to his
practice of community
the law — a Quirk, a
unless he Gammon or
covered an a Snap,
upright moral instead of a
character. Th Davis, a
e possession Smith or a
9
of this by the Ruffin.
attorney is
more All aspects of moral character and
important, if behavior may be inquired into in respect
anything, to of those seeking admission to the Bar.
the public The scope of such inquiry is, indeed,
said to be properly broader than inquiry
into the moral proceedings for norm of conduct expected from
disbarment: members of the general public. There is
a very real need to prevent a general
10 perception that entry into the legal
Re Stepsay:
profession is open to individuals with
The inquiry as to the moral inadequate moral qualifications. The
character of an attorney in growth of such a perception would
a proceeding for his signal the progressive destruction of our
admission to practice people's confidence in their courts of law
is broader in scope than in 12
and in our legal system as we know it.
a disbarment proceeding.
Mr. Argosino's participation in the
11 deplorable "hazing" activities certainly
Re Wells:
fell far short of the required standard of
. . . that an applicant's good moral character. The deliberate
contention that upon (rather than merely accidental or
application for admission inadvertent) infliction of severe physical
to the California Bar the injuries which proximately led to the
court cannot reject him for death of the unfortunate Raul
want of good moral Camaligan, certainly indicated serious
character unless it character flaws on the part of those who
appears that he has been inflicted such injuries. Mr. Argosino and
guilty of acts which would his co-accused had failed to discharge
be cause for his their moral duty to protect the life and
disbarment or suspension, well-being of a "neophyte" who had, by
could not be seeking admission to the fraternity
sustained; that the inquiry involved, reposed trust and confidence
is broader in its scope in all of them that, at the very least, he
than that in a disbarment would not be beaten and kicked to
proceeding, and the court death like a useless stray dog. Thus,
may receive any evidence participation in the prolonged and
which tends to show the mindless physical beatings inflicted
applicant's character as upon Raul Camaligan constituted
respects honesty, integrity, evident rejection of that moral duty and
and general was totally irresponsible behavior, which
morality, and may no makes impossible a finding that the
doubt refuse admission participant was then possessed of good
upon proofs that might not moral character.
establish his guilt of any
of the acts declared to be Now that the original period of probation
causes for disbarment. granted by the trial court has expired,
the Court is prepared to consider de
The requirement of good moral novo the question of whether applicant
character to be satisfied by those who A.C. Argosino has purged himself of the
would seek admission to the bar must obvious deficiency in moral character
of necessity be more stringent than the referred to above. We stress that good
moral character is a requirement
possession of which must be
demonstrated not only at the time of
application for permission to take the
bar examinations but also, and more
importantly, at the time of application for
admission to the bar and to take the [BAR MATTER No. 712. March 19,
attorney's oath of office. 1997]

Mr. Argosino must, therefore, submit to RE: PETITION OF AL ARGOSINO TO

this Court, for its examination and TAKE THE LAWYER'S OATH
consideration, evidence that he may be
now regarded as complying with the RESOLUTION
requirement of good moral character
imposed upon those seeking PADILLA, J.:
admission to the bar. His evidence may
consist, inter alia, of sworn certifications Petitioner Al Caparros Argosino
from responsible members of the passed the bar examinations held in
community who have a good reputation 1993. The Court however deferred
for truth and who have actually known his oath-taking due to his previous
Mr. Argosino for a significant period of conviction for Reckless Imprudence
time, particularly since the judgment of Resulting In Homicide.
conviction was rendered by Judge
Santiago. He should show to the Court The criminal case which resulted in
how he has tried to make up for the petitioner' s conviction, arose from
senseless killing of a helpless student the death of a neophyte during
to the family of the deceased student fraternity initiation rites sometime
and to the community at large. Mr. in September 1991. Petitioner and
Argosino must, in other words, submit seven (7) other accused initially
relevant evidence to show that he is a entered pleas of not guilty to
different person now, that he has homicide charges. The eight (8)
become morally fit for admission to the accused later withdrew their initial
ancient and learned profession of the pleas and upon re-arraignment all
law. pleaded guilty to reckless
imprudence resulting in homicide.
Finally, Mr. Argosino is hereby
DIRECTED to inform this Court, by On the basis of such pleas, the
appropriate written manifestation, of the trial court rendered judgment
names and addresses of the father and dated 11 February 1993 imposing
mother (in default thereof, brothers and on each of the accused a sentence
sisters, if any, of Raul Camaligan), of imprisonment of from two (2)
within ten (10) day from notice hereof. years four (4) months and one (1)
Let a copy of this Resolution be day to four (4) years.
furnished to the parents or brothers and
sisters, if any, of Raul Camaligan.
On 18 June 1993, the trial court petitioner's prayer to be allowed
granted herein petitioner's to take the lawyer's oath.
application for probation.
In his comment dated 4 December
On 11 April 1994, the trial court 1995, Atty. Camaligan states that:
issued an order approving a report
dated 6 April 1994 submitted by the a. He still believes that the
Probation Officer recommending infliction of severe physical injuries
petitioner's discharge from probation which led to the death of his son was
deliberate rather than accidental. The
On 14 April 1994, petitioner filed offense therefore was not only
before this Court a petition to be homicide but murder since the
allowed to take the lawyer's oath accused took advantage of the
based on the order of his neophyte's helplessness implying
discharge from probation. abuse of confidence, taking
advantage of superior strength and
On 13 July 1995, the Court through treachery.
then Senior Associate Justice
Florentino P. Feliciano issued a b. He consented to the accused's
resolution requiring petitioner Al C. plea of guilt to the lesser offense of
Argosino to submit to the Court reckless imprudence resulting in
evidence that he may now be homicide only out of pity for the
regarded as complying with the mothers of the accused and a
requirement of good moral pregnant wife of one of the accused
character imposed upon those who went to their house on
seeking admission to the bar. Christmas day 1991 and Maundy
Thursday 1992, literally on their
In compliance with the above knees, crying and begging for
resolution, petitioner submitted no forgiveness and compassion. They
less than fifteen (15) also told him that the father of one of
certifications/letters executed by the accused had died of a heart
among others two (2) senators, five attack upon learning of his son's
(5) trial court judges, and six (6) involvement in the incident.
members of religious orders.
Petitioner likewise submitted c. As a Christian, he has
evidence that a scholarship forgiven petitioner and his co-
foundation had been established in accused for the death of his son.
honor of Raul Camaligan, the However, as a loving father who had
hazing victim, through joint efforts lost a son whom he had hoped
of the latter's family and the eight would succeed him in his law
(8) accused in the criminal case. practice, he still feels the pain of an
untimely demise and the stigma of
On 26 September 1995, the Court the gruesome manner of his death.
required Atty Gilbert Camaligan,
father of Raul, to comment on d. He is not in a position to say
whether petitioner is now morally fit
for admission to the bar. He consider de novo the question of
therefore submits the matter to the whether petitioner has purged
sound discretion of the Court. himself of the obvious deficiency in
moral character referred to above.
The practice of law is a privilege
granted only to those who possess Before anything else, the Court
the strict intellectual and moral understands and shares the
qualifications required of lawyers sentiment of Atty. Gilbert Camaligan.
who are instruments in the effective The death of one's child is, for a
and efficient administration o f parent, a most traumatic experience.
justice. It is the sworn duty of this The suffering becomes even more
Court not only to "weed out" lawyers pronounced and profound in cases
who have become a disgrace to the where the death is due to causes
noble profession of the law but, also other than natural or accidental but
of equal importance, to prevent due to the reckless imprudence of
"misfits" from taking the lawyer' s third parties. The feeling then
oath, thereby further tarnishing the becomes a struggle between grief
public image of lawyers which in and anger directed at the cause of
recent years has undoubtedly death.
become less than irreproachable.
Atty. Camaligan's statement before
The resolution of the issue before us the Court manifesting his having
required a weighing and re-weighing forgiven the accused is no less than
of the reasons for allowing or praiseworthy and commendable. It is
disallowing petitioner's admission to exceptional for a parent, given the
the practice of law. The senseless circumstances in this cases, to find
beatings inf1icted upon Raul room for forgiveness.
Camaligan constituted evident
absence of that moral fitness required However, Atty. Camaligan admits that
for admission to the bar since they he is still not in a position to state if
were totally irresponsible, irrelevant petitioner is now morally fit to be a
and uncalled for. lawyer.

In the 13 July 1995 resolution in After a very careful evaluation of

this case we stated: this case, we resolve to allow
petitioner Al Caparros Argosino to
"x x x participation in the prolonged take the lawyer's oath, sign the Roll
and mindless physical behavior, of Attorneys and practice the legal
[which] makes impossible a finding profession with the following
that the participant [herein petitioner] admonition:
was then possessed of good moral
1
character." chanroblesvirtuallawlibra In allowing Mr. Argosino to take the
ry lawyer's oath, the Court recognizes
that Mr. Argosino is not inherently of
In the same resolution, however, we bad moral fiber. On the contrary, the
stated that the Court is prepared to various certifications show that he is
a devout Catholic with a genuine
concern for civic duties and
public service.

The Court is persuaded that Mr.

Argosino has exerted all efforts to
atone for the death of Raul
Camaligan. We are prepared to
give him the benefit of the doubt, A.C. No. 7973 and A.C. No. 10457
taking judicial notice of the general February 3, 2015
tendency of youth to be rash,
temerarious and uncalculating. MELVYN G. GARCIA,
Complainant, vs.
We stress to Mr. Argosino that the ATTY. RAUL H.
lawyer's oath is NOT a mere SESBRENO, Respondent.
ceremony or formality for practicing
law. Every lawyer should at ALL DECISION
TIMES weigh his actions according
to the sworn promises he makes PER CURIAM:
when taking the lawyer's oath. If all
lawyers conducted themselves Two complaints for disbarment were
strictly according to the lawyer's oath filed by Dr. Melvyn G. Garcia (Garcia)
and the Code of Professional against Atty. Raul H. Sesbrefio
Responsibility, the administration of (Sesbrefio). The two cases, docketed
justice will undoubtedly be faster, as A.C. No. 7973 and A.C. No. 10457,
fairer and easier for everyone were consolidated in the Court's
concerned. Resolution dated 30 September 2014.

The Court sincerely hopes that Mr. A.C. No. 7973

Argosino will continue with the
assistance he has been giving to his On 30 July 2008, Garcia filed a
community. As a lawyer he will now complaint for disbarment against
be in a better position to render legal Sesbreño before the Office of the Bar
and other services to the more Confidant. The case was docketed as
unfortunate members of society. A.C. No. 7973. Garcia alleged that in
1965, he married Virginia Alcantara in
PREMISES CONSIDERED, petitioner Cebu. They had two children, Maria
Al Caparros Argosino is hereby Margarita and Angie Ruth. In 1971, he
ALLOWED to take the lawyer's oath and Virginia separated. He became a
on a date to be set by the Court, to dentist and practiced his profession in
sign the Roll of Attorneys and, Cabanatuan City. Garcia alleged that
thereafter, to practice the legal in1992, Virginia filed a petition for the
profession. annulment of their marriage, which was
eventually granted.
SO ORDERED.
Garcia alleged that in 2005 while he was
in Japan, Sesbreño, representing Maria
Margarita and Angie Ruth, filed an alleged that Sesbreño is practicing law
action for support against him and his despite his previous conviction for
sister Milagros Garcia Soliman. At the homicide in Criminal Case No. CBU-
time of the filing of the case, Maria 31733, and despite the facts that he is
Margarita was already 39 years old only on parole and that he has not fully
while Angie Ruth was 35 years old. The served his sentence. Garcia alleged
case was dismissed. In 2007, Garcia that Sesbreño violated Section 27, Rule
returned from Japan. When Sesbreño 138 of the Rules of Court by continuing
and Garcia’s children learned abouthis to engage in the practice of law despite
return, Sesbreño filed a Second his conviction of a crime involving moral
Amended Complaint against him. Garcia turpitude. Upon the directive of the IBP-
alleged that he learned that Sesbreño CBD, Garcia submitted his verified
was convicted by the Regional Trial complaint against Sesbreño alleging
Court of Cebu City, Branch 18, for basically the same facts he alleged in
Homicide in Criminal Case No. CBU- A.C. No. 7973.
31733. Garcia alleged that Sesbreño is
only on parole. Garcia alleged that In his answer to the complaint,
homicide is a crime against moral Sesbreño alleged that his sentence
turpitude; and thus, Sesbreño should was commuted and the phrase "with
not be allowed to continue his practice the inherent accessory penalties
of law. provided by law" was deleted.
Sesbreño argued that even if the
In his Comment, Sesbreño alleged that accessory penalty was not deleted, the
on 15 August 2008, Garcia filed a disqualification applies only during the
similar complaint against him before term of the sentence. Sesbreño further
the Integrated Bar of the Philippines, alleged that homicide does not involve
Commission on Bar Discipline (IBP- moral turpitude. Sesbreño claimed that
CBD), docketed as CBC Case No. 08- Garcia’s complaint was motivated by
2273. Sesbreño alleged that Garcia’s extreme malice, bad faith, and desire to
complaint was motivated by resentment retaliate against him for representing
and desire for revenge because he Garcia’s daughters in court.
acted as pro bono counsel for Maria
Margarita and Angie Ruth. The IBP-CBD consolidated A.C. No.
7973 with CBD Case No. 08-2273. The
In the Court’s Resolution dated 18 parties agreed on the sole issue to be
January 2010, the Court referred A.C. resolved: whether moral turpitude is
No. 7973 to the IBP for investigation, involved in a conviction for homicide.
report and recommendation. The IBP-CBD ruled that the Regional
Trial Court of Cebu found Sesbreño
A.C. No. 10457 (CBC Case No. 08- guilty of murder and sentenced him to
2273) suffer the penalty of reclusion perpetua.
On appeal, this Court downgraded the
A day prior to the filing of A.C. No. 7973, crime to homicide and sentenced
or on 29 July 2008, Garcia filed a Sesbreño to suffer the penalty of
complaint for disbarment against imprisonment for 9 years and 1 day of
Sesbreño before the IBP-CBD. He prision mayor as minimum to 16 years
and 4 months of reclusion temporalas drunken men who had one too many.
maximum. The IBP-CBD found that Respondent’s inordinate over reaction
Sesbreño was released from to the ramblings of drunken men who
confinement on 27 July 2001 following were not even directed at respondent
his acceptance of the conditions of his reflected poorly on his fitness to be a
parole on 10 July 2001. member of the legal profession.
Respondent was not only vindictive
The IBP-CBD ruled that conviction for without a cause; he was cruel with a
a crime involving moral turpitude is a 2
misplaced sense of superiority.
ground for disbarment or suspension.
Citing International Rice Research Following the ruling of this Court in
Institute v. National Labor Relations 3
Soriano v. Atty. Dizon where the
1
Commission, the IBPCBD further respondent was disbarred for having
ruled that homicide may or may not been convicted of frustrated homicide,
involve moral turpitude depending on the IBP-CBD recommended that
the degree of the crime. The IBP-CBD Sesbreño be disbarred and his name
reviewed the decision of this Court stricken from the Roll of Attorneys.
convicting Sesbreño for the crime of
homicide, and found that the In its Resolution No. XX-2013-19
circumstances leading to the death of dated 12 February 2013, the IBP
the victim involved moral turpitude. The Board of Governors adopted and
IBP-CBD stated: approved the Report and
Recommendation of the IBP-CBD.
Neither victim Luciano Amparadon or
his companion Christopher Yapchangco On 6 May 2013, Sesbreño filed a motion
was shown to be a foe of respondent for reconsideration before the IBP-CBD.
and neither had the victim Luciano nor Sesbreño alleged that the IBP-CBD
his companion Christopher shown to misunderstood and misapplied Soriano
have wronged the respondent. They v. Atty. Dizon. He alleged that the
simply happened to be at the wrong attendant circumstances in Sorianoare
place and time the early morning of disparate, distinct, and different from his
June 3, 1993. case. He further alleged that there was
no condition set on the grant of
The circumstances leading to the death of executive clemency to him; and thus, he
Luciano solely caused by respondent, was restored to his full civil and political
bear the earmarks of moral turpitude. rights. Finally, Sesbreño alleged that
Paraphrasing what the Supreme Court after his wife died in an ambush, he
observed in Soriano v. Dizon, supra, already stopped appearing as private
the respondent, by his conduct, prosecutor in the case for bigamy
displayed extreme arrogance and against Garcia and that he already
feeling of self-importance. Respondent advised his clients to settle their other
acted like a god who deserved not to be cases. He alleged that Garcia already
slighted by a couple of drunks who may withdrew the complaints against him.
have shattered the stillness of the early
morning with their boisterous antics, On 11 February 2014, the IBP Board of
natural display of loud bravado of Governors passed Resolution No. XX-
2014-31 denying Sesbreño’s motion for or may not involve moral turpitude
reconsideration. The IBPCBD depending on the degree of the crime.
transmitted the records of the case to the Moral turpitude is not involved in every
Office of the Bar Confidant on 20 May criminal act and is not shown by every
2014. CBD Case No. 08-2273 was known and intentional violation of
redocketed as A.C. No. 10457. In the statute, but whether any particular
Court’s Resolution dated 30 September conviction involves moral turpitude may
2014, the Court consolidated A.C. No. be a question of fact and frequently
7973 and A.C. No. 10457. depends on all the surrounding
circumstances. While x x x generally but
The only issue in these cases is not always, crimes mala in seinvolve
whether conviction for the crime of moral turpitude, while crimes mala
homicide involves moral turpitude. prohibitado not, it cannot always be
ascertained whether moral turpitude
We adopt the findings and does or does not exist by classifying a
recommendation of the IBP-CBD and crime as malum in se or as malum
approve Resolution No. XX-2013-19 prohibitum, since there are crimes which
dated 12 February 2013 and Resolution are mala in se and yet rarely involve
No. XX-2014-31 dated 11 February 2014 moral turpitude and there are crimes
of the IBP Board of Governors. which involve moral turpitude and are
mala prohibita only. It follows therefore,
Section 27, Rule 138 of the Rules of that moral turpitude is somewhat a
Court states that a member of the bar vague and indefinite term, the meaning
may be disbarred or suspended as of which must be left to the process of
attorney by this Court by reason of his judicial inclusion or exclusion as the
conviction of a crime involving moral 7
cases are reached.
turpitude. This Court has ruled that
disbarment is the appropriate penalty for 8
In People v. Sesbreño, the Court found
conviction by final judgment for a crime Sesbreño guilty of homicide and ruled:
4
involving moral turpitude. Moral WHEREFORE, the assailed decision of
turpitude is an act of baseness, the Regional Trial Court of Cebu City,
vileness, or depravity in the private Branch 18, in Criminal Case No. CBU-
duties which a man owes to his fellow 31733 is hereby MODIFIED. Appellant
men or to society in general, contraryto Raul H. Sesbreñois hereby found
justice, honesty, modesty, or good GUILTY of HOMICIDE and hereby
5 sentenced to suffer a prison term of 9
morals.
years and 1 day of prision mayor, as a
The question of whether conviction for minimum, to 16 years and 4 months of
homicide involves moral turpitude was reclusion temporal, as a maximum, with
discussed by this Court in International accessory penalties provided by law, to
6 indemnify the heirs of the deceased
Rice Research Institute v. NLRC
where it ruled: Luciano Amparado in the amount of
₱50,000.00 and to pay the costs.
This is not to say that all convictions of
9
the crime of homicide do not involve SO ORDERED.
moral turpitude. Homicide may
We reviewed the Decision of this Court 12
his "full civil and political rights," a
and we agree with the IBPCBD that the circumstance not present inthese cases.
circumstances show the presence of 13
Here, the Order of Commutation did not
moral turpitude.
state that the pardon was absolute and
unconditional. The accessory penalties
The Decision showed that the victim were not mentioned when the original
Luciano Amparado (Amparado) and his sentence was recited in the Order of
companion Christopher Yapchangco Commutation and they were also not
(Yapchangco) were walking and just mentioned in stating the commuted
passed by Sesbreño’s house when the sentence. It only states: By virtue of the
latter, without any provocation from the authority conferred upon me by the
former, went out of his house, aimed his Constitution and upon the
rifle, and started firing at them. According recommendation of the Board of Pardons
to Yapchangco, theywere about five and Parole, the original sentence of
meters, more or less, from the gate of prisoner RAUL SESBREÑO Y HERDA
Sesbreño when they heard the convicted by the Regional Trial Court,
screeching sound of the gate and when Cebu City and Supreme Court and
they turned around, they saw Sesbreño sentenced to an indeterminate prison
aiming his rifle at them. Yapchangco and term of from 9 years and 1 day to 16
Amparado ran away but Amparado was years and 4 months imprisonment and to
hit. An eyewitness, Rizaldy Rabanes pay an indemnity of ₱50,000.00 is/are
(Rabanes), recalled that he heard shots hereby commuted to an indeterminate
and opened the window of his house. He prison term of from 7 years and 6 months
saw Yapchangco and Amparado running to 10 years imprisonment and to pay an
14
away while Sesbreño was firing his indemnity of ₱50,000.00.
firearm rapidly, hitting Rabanes’ house in
the process. Another witness, Edwin
Parune, saw Amparado fall down after Again, there was no mention that the
being shot, then saw Sesbreño in the executive clemency was absolute and
middle of the street, carrying a long unconditional and restored Sesbreño to
firearm, and walking back towards the his full civil and political rights.
gate of his house. The IBP-CBD correctly
stated that Amparado and Yapchangco There are four acts of executive clemency
were just at the wrong place and time. that the President can extend: the
They did not do anything that justified the President can grant reprieves,
indiscriminate firing done by Sesbreño commutations, pardons, and remit fines
and forfeitures, after conviction by final
that eventually led to the death of 15
Amparado. judgment. In this case, the executive
clemency merely "commuted to an
We cannot accept Sesbreño’s argument indeterminate prison term of 7 years and
that the executive clemency restored 6 months to 10 years imprisonment" the
penalty imposed on Sesbrefio.
his full civil and political rights.
10 Commutation is a mere reduction of
Sesbreño cited In re Atty. Parcasio to 16
penalty. Commutation only partially
bolster his argument. In thatcase, Atty. 17
Parcasio was granted "an absolute and extinguished criminal liability. The
11 penalty for Sesbrefio' s crime was never
unconditional pardon" which restored
wiped out. He served the commuted or PATRICK A.
reduced penalty, for which reason he CARONAN, Complainant, v. RICHARD
was released from prison. More A. CARONAN A.K.A. "ATTY.
importantly, the Final Release and PATRICK A. CARONAN," Respondent.
18
Discharge stated that "[i]t is
understood that such x x x accessory DECISION
penalties of the law as have not been
expressly remitted herein shall subsist." PER CURIAM:
Hence, the Parcasio case has no
application here. Even if Sesbrefio has For the Court's resolution is the
been granted pardon, there is nothing in 1
Complaint-Affidavit filed by complainant
the records that shows that it was a full
and unconditional pardon. In addition, Patrick A. Caronan (complainant), before
the practice of law is not a right but a the Commission on Bar Discipline (CBD)
19 of the Integrated Bar of the Philippines
privilege. It is granted only to those (IBP), against respondent "Atty. Patrick A.
20
possessing good moral character. A Caronan," whose real name is allegedly
violation of the high moral standards of Richard A. Caronan (respondent), for
the legal profession justifies the purportedly assuming complainant's
imposition of the appropriate penalty identity and falsely representing that the
against a lawyer, including the penalty former has the required educational
21 qualifications to take the Bar
of disbarment.
Examinations and be admitted to the
WHEREFORE, respondent Raul practice of law.
H. Sesbrefio is DISBARRED
effective immediately upon his The Facts
receipt of this Decision.
Complainant and respondent are
2
Let copies of this Decision be furnished siblings born to Porferio R. Caronan,
the Office of the Bar Confidant, the Jr. and Norma A. Caronan. Respondent
Integrated Bar of the Philippines for is the older of the two, having been born
distribution to all its chapters, and the on February 7, 1975, while complainant
3
Office of the Court Administrator for was born on August 5, 1976. Both of
dissemination to all courts all over the them completed their secondary
country. Let a copy of this Decision be education at the Makati High School
attached to the personal records of where complainant graduated in
4 5
respondent. 1993 and respondent in 1991. Upon
his graduation, complainant enrolled at
SO ORDERED. the University of Makati where he
obtained a degree in Business
6
Administration in 1997. He started
working thereafter as a Sales Associate
for Philippine Seven Corporation (PSC),
the operator of 7-11 Convenience
7
Stores. In 2001, he married Myrna G.
Tagpis with whom he has two (2)
8
A.C. No. 11316, July 12, 2016 daughters. Through the years,
complainant rose from the ranks until, in
2009, he was promoted as a Store
Manager of the 7-11 Store in Sometime in May 2009, however, after
9 his promotion as Store Manager,
Muntinlupa.
complainant was ordered to report to
Meanwhile, upon graduating from the head office of PSC in Mandaluyong
high school, respondent enrolled at City where, upon arrival, he was
the Pamantasan ng Lungsod ng informed that the National Bureau of
Maynila (PLM), where he stayed for one Investigation (NBI) was requesting his
(1) year before transferring to the presence at its office in Taft Avenue,
Philippine Military Academy (PMA) in Manila, in relation to an investigation
10 involving respondent who, at that point,
1992. In 1993, he was discharged
was using the najne "Atty. Patrick A.
from the PMA and focused on helping 18
their father in the family's car rental Caronan." Accordingly, on May 18,
business. In 1997, he moved to Nueva 2009, complainant appeared before the
Vizcaya with his wife, Rosana, and their Anti-Fraud and Computer Crimes
11 Division of the NBI where he was
three (3) children. Since then,
respondent never went back to school interviewed and asked to identify
to earn a college degree.
12 documents including: (1) his and
respondent's high school records; (2) his
In 1999, during a visit to his family in transcript of records from the University
Metro Manila, respondent told of Makati; (3) Land Transportation
complainant that the former had enrolled Office's records showing his and
in a law school in Nueva respondent's driver's licenses; (4)
13 records from St. Mary's University
Vizcaya. Subsequently, in 2004, their
showing that complainant's transcript of
mother informed complainant that
records from the University of Makati
respondent passed the Bar Examinations
and his Birth Certificate were submitted
and that he used complainant's name and
college records from the University of to St. Mary's University's College of
Makati to enroll at St. Mary's University's Law; and (5) Alumni Book of St. Mary's
College of Law in Bayombong, Nueva University showing respondent's
14 photograph under the name "Patrick A.
Vizcaya and take the Bar Examinations. 19
Complainant brushed these aside as he Caronan." Complainant later learned
did not that the reason why he was invited by
anticipate any adverse consequences the NBI was because of respondent's
15 involvement in a case for qualified theft
to him. and estafa filed by Mr. Joseph G.
In 2006, complainant was able to Agtarap (Agtarap), who was one of the
confirm respondent's use of his name principal sponsors at respondent's
20
and identity when he saw the name wedding.
"Patrick A. Caronan" on the Certificate
of Admission to the Bar displayed at the Realizing that respondent had been using
latter's office in Taguig his name to perpetrate crimes and
16
City. Nevertheless, complainant did commit unlawful activities, complainant
not confront respondent about it since took it upon himself to inform other
he was pre-occupied with his job and people that he is the real "Patrick A.
17 Caronan" and that respondent's real
had a family to support.
name is Richard A. longer be raised as an issue as it had
21 already been resolved in CBD Case No.
Caronan. However, problems relating
to respondent's use of the name "Atty. 09-2362 where the IBP Board of
30
Patrick A. Caronan" continued to hound Governors dismissed the
him. In July 2013, PSC received a letter 31
administrative case filed by Agtarap
from Quasha Ancheta Pena & Nolasco against him, and which case had
Law Offices requesting that they be already been declared closed and
furnished with complainant's contact terminated by this Court in A.C. No.
details or, in the alternative, schedule a 32
meeting with him to discuss certain 10074. Moreover, according to him,
22 complainant is being used by Reyes and
matters concerning respondent. On her spouse, Brigadier General Joselito
the other hand, a fellow church-member M. Reyes, to humiliate, disgrace,
had also told him that respondent who, malign, discredit, and harass him
using the name "Atty. Patrick A. because he filed several administrative
Caronan," almost victimized his (church- and criminal complaints against them
23 33
member's) relatives. Complainant also before the Ombudsman.
received a phone call from a certain
Mrs. Loyda L. Reyes (Reyes), who On March 9, 2015, the IBP-CBD
narrated how respondent tricked her conducted the scheduled mandatory
into believing that he was authorized to conference where both parties failed to
sell a parcel of land in Taguig City when 34
appear. Instead, respondent moved
24 35
in fact, he was not. Further, he to reset the same on April 20, 2015.
learned that respondent was arrested On such date, however, both parties
for gun-running activities, illegal again failed to appear, thereby
possession of explosives, and violation prompting the IBP-CBD to issue an
of Batas Pambansa Bilang (BP) 36
Order directing them to file their
25
22. respective position papers. However,
37
neither of the parties submitted any.
Due to the controversies involving
respondent's use of the name "Patrick The IBP's Report and
A. Caronan," complainant developed a Recommendation
fear for his own safety and
26
security. He also became the subject On June 15, 2015, IBP Investigating
of conversations among his colleagues, Commissioner Jose Villanueva Cabrera
which eventually forced him to resign (Investigating Commissioner) issued
38
27
from his job at PSC. Hence, his Report and Recommendation,
complainant filed the present Complaint- finding respondent guilty of illegally and
Affidavit to stop respondent's alleged falsely assuming complainant's name,
39
use of the former's name and identity, identity, and academic records. He
and illegal practice of observed that respondent failed to
law.
28 controvert all the allegations against
him and did not present any proof to
29 40
In his Answer, respondent denied prove his identity. On the other hand,
all the allegations against him arid complainant presented clear and
invoked res judicata as a defense. He overwhelming evidence that he is the
maintained that his identity can no real "Patrick A.
41
Caronan."
 48
2015-607, adopting the Investigating
Further, he noted that respondent Commissioner's recommendation.
admitted that he and complainant are
siblings when he disclosed upon his The Issues Before the Court
arrest on August 31, 2012 that: (a) his
parents are Porferio Ramos Caronan The issues in this case are whether or
and Norma Atillo; and (b) he is married not the IBP erred in ordering that: (a) the
42 name "Patrick A. Caronan" be stricken
to Rosana Halili-Caronan. However,
based on the Marriage Certificate off the Roll of Attorneys; and (b) the
issued by the National Statistics Office name "Richard A. Caronan" be barred
(NSO), "Patrick A. Caronan" is married from being admitted to the Bar.
to a certain "Myrna G. Tagpis," not to
Rosana Halili-Caronan.
43 The Court's Ruling

The Investigating Commissioner also After a thorough evaluation of the

drew attention to the fact that .the records, the Court finds no cogent
photograph taken of respondent when he reason to disturb the findings and
was arrested as "Richard A. Caronan" on recommendations of the IBP.
August 16, 2012 shows the same person
as the one in the photograph in the IBP As correctly observed by the IBP,
44 complainant has established by clear
records of "Atty. Patrick A. Caronan."
These, according to the Investigating and overwhelming evidence that he is
Commissioner, show that respondent the real "Patrick A. Caronan" and that
indeed assumed complainant's identity to respondent, whose real name is Richard
study law and take the Bar A. Caronan, merely assumed the latter's
45
Examinations. Since respondent falsely name, identity, and academic records to
enroll at the St. Mary's University's
assumed the name, identity, and
academic records of complainant and the College of Law, obtain a law degree,
real "Patrick A. Caronan" neither obtained and take the Bar Examinations.
the bachelor of laws degree nor took the
Bar Exams, the Investigating As pointed out by the IBP, respondent
Commissioner recommended that the admitted that he and complainant are
name "Patrick A. Caronan" with Roll of siblings when he disclosed upon his
Attorneys No. 49069 be dropped and arrest on August 31, 2012 that his
46 parents are Porferio Ramos Caronan
stricken off the Roll of Attorneys. He 49
and Norma Atillo. Respondent himself
also recommended that respondent and
also stated that he is married to Rosana
the name "Richard A. Caronan" be barred 50
from being admitted as a member of the Halili-Caronan. This diverges from the
Bar; and finally, for making a mockery of official NSO records showing that
the judicial institution, the IBP was "Patrick A. Caronan" is married to
directed to institute appropriate actions Myrna G. Tagpis, not to Rosana Halili-
51
against respondent.
47 Caronan. Moreover, the photograph
taken of respondent when he was
arrested as "Richard A. Caronan" on
On June 30, 2015, the IBP Board of August 16, 2012 shows the same
Governors issued Resolution No. XXI- person as the one in the photograph in
the IBP records of "Atty. Patrick A.
 52
Caronan." Meanwhile, complainant prescribed therein for a bachelor's
submitted numerous documents degree in arts or sciences with any of
showing that he is the real "Patrick A. the following subject as major or field
Caronan," among which are: (a) his of concentration: political science,
transcript of records from the University logic, english, Spanish, history, and
53
of Makati bearing his photograph; (b) economics. (Emphases supplied)
a copy of his high school yearbook with
his photograph and the name "Patrick In the case at hand, respondent never
54
A. Caronan" under it; and (c) NBI completed his college degree. While
clearances obtained in 2010 and he enrolled at the PLM in 1991, he left
2013.
55 a year later and entered the PMA
where he was discharged in 1993
56
To the Court's mind, the foregoing without graduating. Clearly,
indubitably confirm that respondent respondent has not completed the
falsely used complainant's name, identity, requisite pre-law degree.
and school records to gain admission to
the Bar. Since complainant The Court does not discount the
- the real "Patrick A. Caronan" - never possibility that respondent may later on
took the Bar Examinations, the IBP complete his college education and earn
correctly recommended that the name a law degree under his real name.
"Patrick A. Caronan" be stricken off However, his false assumption of his
the Roll of Attorneys. brother's name, identity, and educational
records renders him unfit for admission
The IBP was also correct in ordering to the Bar. The practice of law, after all,
is not a natural, absolute or
that respondent, whose real name is
constitutional right to be granted to
"Richard A. Caronan," be barred from 57
admission to the Bar. Under Section 6, everyone who demands it. Rather, it is
Rule 138 of the Rules of Court, no a privilege limited to citizens of good
58
applicant for admission to the Bar moral character. In In the Matter of
Examination shall be admitted unless he the Disqualification of Bar Examinee
had pursued and satisfactorily Haron S. Meling in the 2002 Bar
completed a pre-law course, viz.: Examinations and for Disciplinary Action
as Member of the Philippine Shari'a Bar,
59
Atty. Froilan R. Melendrez, the Court
Section 6. Pre-Law. - No applicant for explained the essence of good moral
admission to the bar examination shall character:
be admitted unless he presents a
certificate that he has satisfied the
Secretary of Education that, before he Good moral character is what a person
began the study of law, he had really is, as distinguished from good
pursued and satisfactorily reputation or from the opinion generally
completed in an authorized and entertained of him, the estimate in which
recognized university or college, . he is held by the public in the place
requiring for admission thereto the where he is known. Moral character is
completion of a four-year high school not a subjective term but one which
course, the course of study corresponds to objective reality. The
standard of personal and professional filing of appropriate civil and/or criminal
integrity is not satisfied by such conduct cases, the Court hereby resolves that:
as it merely enables a person to escape
the penalty of criminal law. Good moral
character includes at least common (1) the name "Patrick A. Caronan"
honesty.[60] (Emphasis supplied) with Roll of Attorneys No. 49069 is
ordered DROPPED and STRICKEN
Here, respondent exhibited his OFF the Roll of Attorneys;
dishonesty and utter lack of moral
fitness to be a member of the Bar when (2) respondent is PROHIBITED from
he assumed the name, identity, and engaging in the practice of law or
school records of his own brother and making any representations as a lawyer;
dragged the latter into controversies
which eventually caused him to fear for (3) respondent is BARRED from being
his safety and to resign from PSC where admitted as a member of the
he had been working for years. Good Philippine Bar in the future;
moral character is essential in those
61
who would be lawyers. This is (4) the Identification Cards issued by the
imperative in the nature of the office of a Integrated Bar of the Philippines to
lawyer, the trust relation which exists respondent under the name "Atty.
between him and his client, as well as Patrick A. Caronan" and the Mandatory
between him and the Continuing Legal Education Certificates
62 issued in such name
court.
are CANCELLED and/or
Finally, respondent made a mockery of REVOKED; and
the legal profession by pretending to
have the necessary qualifications to be (5) the Office of the Court Administrator
a lawyer. He also tarnished the image is ordered to CIRCULATE notices and
of lawyers with his alleged POST in the bulletin boards of all courts
unscrupulous activities, which resulted of the country a photograph of
in the filing of several criminal cases respondent with his real name, " Richard
against him. Certainly, respondent and A. Caronan," with a warning that he is
his acts do not have a place in the legal not a member of the Philippine Bar and
profession where one of the primary a statement of his false assumption of
duties of its members is to uphold its the name and identity of "Patrick A.
63 Caronan."
integrity and dignity.

WHEREFORE, respondent Richard Let a copy of this Decision be furnished

A. Caronan a.k.a. "Atty. Patrick A. the Office of the Bar Confidant, the
Caronan" (respondent) is Integrated Bar of the Philippines, and
found GUILTY of falsely assuming the the Office of the Court Administrator.
name, identity, and academic records of
complainant Patrick A. Caronan SO
(complainant) to obtain a law degree ORDERED.
and take the Bar Examinations.
Accordingly, without prejudice to the
DUTIES AND PRIVILEGES OF A government-owned and controlled
LAWYER corporations, when he accepted a legal
consultancy post at the Local Water
A.C. No. 5305 - March 17, 2003 Utilities Administration (LWUA), from
1998 to 2000. Said consultancy
MARCIANO P. BRION, JR., Petitioner, included an appointment by LWUA as
vs. FRANCISCO F. BRILLANTES, JR., 6th member of the Board of Directors of
Respondent. the Urdaneta (Pangasinan) Water
District. Upon expiration of the legal
QUISUMBING, J.: consultancy agreement, this was
subsequently renewed as a Special
In this petition for disbarment, Consultancy Agreement.
complainant Marciano Brion, Jr.,
charges the respondent, Atty. Francisco Petitioner contends that while both
Brillantes, Jr., of having willfully violated consultancy agreements contained a
a lawful order of this Court in A.M. No. proviso to the effect that nothing therein
MTJ-92-706, entitled Lupo Almodiel should be construed as establishing an
Atienza v. Judge Francisco F. employer-employee relationship
1
Brillantes, Jr. The decretal portion of between LWUA and respondent, the
our resolution in Atienza reads: inclusion of this proviso was only a ploy
to circumvent our order barring
WHEREFORE, respondent is respondent from appointment to a
DISMISSED from the service with government agency. Petitioner points
forfeiture of all leave and retirement out in reality, respondent enjoys the
benefits and with prejudice to same rights and privileges as a regular
3
reappointment in any branch, employee, to wit:
instrumentality or agency of the
government, including government- 1. Issuance of LWUA properties
owned and controlled corporations. This such as a cellular phone with
decision is immediately executory. accessories, as evidenced by the
covering Property Issue Slips with
2 respondent signing as "Accountable
SO ORDERED.
4
Employee";
Respondents dismissal in the aforesaid
case was ordered after he was found 2. Official travel to various places
guilty of Gross Immorality and in the country as shown by Reports of
Appearance of Impropriety during his Authorized Travel kept by LWUAs
incumbency as presiding judge of the 5
General Services Division and Report
Metropolitan Trial Court, Branch 20, of Travel accomplished by respondent
Manila. 6
himself;
Petitioner now avers that respondent
violated our decree of perpetual
3. Designation as supervising
disqualification imposed upon him officer over other LWUA employees as
from assuming any post in government brought to light by written instructions
7
service, including any posts in personally signed by respondent;
4.Attendance in water district Member of the Board of Directors of the
conventions and meetings held Urdaneta Water District, respondent
8 reasons out that the same is not a
in various provinces;
"reappointment", which is prohibited by
our ruling in Atienza, as said designation
5.Membership in several sensitive is not an organic appointment to a LWUA
LWUA committees such as the plantilla position. Hence, according to
Prequalification, Bids, and Awards respondent, the CSC need not pass
Committee (PBAC), Build-Operate- approval upon his temporary designation.
Transfer (BOT) Committee, among
others, with receipt of corresponding
honoraria as borne out by various Respondent also argues that all the
9
Disbursement Vouchers; members of the Urdaneta Water
District Board, especially the 6th
6.Sitting at meetings of the LWUA Member, who comes from the LWUA,
Board of Trustees as evidenced by the assumed such functions merely by
10 virtue of a designation and only in
minutes of such meetings; and
addition to their regular duties. In any
7.Receipt of Productivity event, says respondent, his designation
Incentive Bonus in 1999. as 6th Member was revoked in April
2000 and the Special Consultancy
Petitioner submits that all of the Contract was pre-terminated on April
foregoing constitute deceitful conduct, 30, 2000. It has never been renewed
gross misconduct, and willful since then. With respect to his use of
disobedience to a decree of this Court, LWUA properties, respondent admits
and show that respondent is unfit to receiving the cellular phone unit but
be a member of the Bar. insists that he merely borrowed it from
one Solomon Badoy, a former LWUA
11 Board of Trustees Member.
In his comment, respondent admits
the existence of the Legal Consultancy
In our Resolution of February 19, 2001,
Contract as well as the Special
we referred this case to the Integrated
Consultancy Contract. However, he
Bar of the Philippines (IBP) for
raises the affirmative defense that under
investigation, report and
Civil Service Commission (CSC)
Memorandum Circular No. 27, Series of recommendation. The IBP Commission
1993, services rendered pursuant to a on Bar Discipline found that respondent
consultancy contract shall not be willfully violated a lawful order of this
considered government services, and Court and recommended that
therefore, are not covered by Civil respondent be suspended from the
Service Law, rules and regulations. practice of law for one (1) year and fined
ten thousand (P10,000) pesos.
Further, says respondent, according to
the same Memorandum Circular issued There is no question that the LWUA is a
by the Commission, consultancy government-owned and controlled
contracts do not have to be submitted corporation, created by virtue of
12
to the Commission for approval. With Presidential Decree No. 198. As such,
respect to his designation as the 6th
our ruling in the Atienza case, A.M. officials/employees in consideration
No. MTJ-92-706, which categorically of services rendered.
prohibits respondents appointment to
any position in any government-owned Most telling, in our view, is respondents
and controlled corporation, clearly acceptance of his 1998 Productivity
encompasses and extends to LWUA Incentive Bonus (PIB). The Board of
positions. Trustees Resolution No. 26, Series of
17
1999, of the LWUA, which governed
In the instant case the respondent does the release of the PIB, limited the
13 entitlement to said bonus only to
not deny the petitioners allegations.
Instead, he offers the existence of "officials" and "employees" (permanent,
Memorandum Circular No. 27, Series of temporary, casual, or contractual) of
1993 (MC No. 27, s. 1993) to exculpate LWUA.
himself from the charge against him.
However, it does not escape our In sum, we find that for all intents and
attention that the very Memorandum purposes, respondent performed duties
Circular that respondent cites before and functions of a non-advisory nature,
this Court provides that the duties which pertain to a contractual employee
enumerated in the consultancy contract of LWUA. As stated by petitioner in his
14 18
are mainly advisory in nature. reply, there is a difference between a
consultant hired on a contractual basis
Without belaboring the definition of (which is governed by CSC M.C. No.
15
"advisory," it appears obvious to us 27, s. 1993) and a contractual employee
that the tasks and duties that (whose appointment is governed,
respondent performed pursuant to among others, by the CSC Omnibus
the consultancy contract cannot, by Rules on Appointment and other
any stretch of imagination, be Personnel Actions). By performing
deemed merely advisory in nature. duties and functions, which clearly
pertain to a contractual employee, albeit
An adviser does not exercise supervisory in the guise of an advisor or consultant,
powers over LWUA employees nor does respondent has transgressed both letter
he issue written instructions to them. An and spirit of this Courts decree in
adviser is not entitled to a seat in such Atienza.
vital LWUA committees like PBAC and
the BOT Committee. Also, respondents The lawyers primary duty as enunciated
continuous receipt of honoraria for sitting in the Attorneys Oath is to uphold the
as a member of certain LWUA Constitution, obey the laws of the land,
Committees, particularly the BOT and promote respect for law and legal
19
Committee, belies his claim that he is a processes. That duty in its irreducible
mere consultant for the LWUA. The minimum entails obedience to the legal
evidence on record clearly shows that the orders of the courts. Respondents
LWUA Office Order implementing disobedience to this Courts order
National Compensation Circular No. 75- prohibiting his reappointment to any
16 branch, instrumentality, or agency of
95 refers to payments of honoraria to
government, including government
owned and controlled corporations,
cannot be camouflaged by a legal For violating the Code as well as
consultancy or a special consultancy transgressing his oath as an officer
contract. By performing duties and of the court, his suspension for one
functions of a contractual employee of (1) year and a fine of ten thousand
LWUA, by way of a consultancy, and (P10,000) pesos are in order.
receiving compensation and perquisites
as such, he displayed acts of open WHEREFORE, respondent Atty.
defiance of the Courts authority, and a Francisco Brillantes, Jr., is found liable
deliberate rejection of his oath as an for having willfully violated a lawful order
officer of the court. It is also destructive of this Court in our decision of March
of the harmonious relations that should 29, 1995 rendered in A.M. No. MTJ-92-
prevail between Bench and Bar, a 706, entitled Lupo Almodiel Atienza vs.
harmony necessary for the proper Judge Francisco F. Brillantes, Jr. He is
administration of justice. Such defiance hereby SUSPENDED from the practice
not only erodes respect for the Court but of law for one (1) year and ordered to
also corrodes public confidence in the pay a FINE of Ten Thousand
rule of law. (P10,000.00) Pesos, with a STERN
WARNING that a repetition of the same
What aggravates respondents offense is or similar conduct shall be dealt with
the fact that respondent is no ordinary more severely. Let a copy of this Decision
lawyer. Having served in the judiciary be furnished to the Bar Confidant and the
for eight (8) years, he is very well aware Integrated Bar of the Philippines and
of the standards of moral fitness for spread on the personal records of
membership in the legal profession. His respondent as well as circulated to all
propensity to try to "get away" with an courts in the Philippines. This decision is
indiscretion becomes apparent and immediately executory.
inexcusable when he entered into a
legal "consultancy" contract with the SO ORDERED.
LWUA. Perhaps realizing its own
mistake, LWUA terminated said contract
with respondent, but then proceeded to
give him a "special consultancy." This
travesty could not be long hidden from
public awareness, hence the instant
complaint for disbarment filed by
petitioner. Given the factual
circumstances found by Commission on
Bar Discipline, we have no hesitance in
accepting the recommendation of the
Board of Governors, Integrated Bar of
the Philippines, that respondent be fined
and suspended from the practice of law. [A.C. NO. 7815 : July 23, 2009]
The Code of Professional
Responsibility, Rule 1.01, provides that DOLORES C.
a lawyer shall not engage in unlawful, BELLEZA, Complainant, v. ATTY.
dishonest, immoral or deceitful conduct. ALAN S. MACASA, Respondent.
 RESOLUTION occasions but respondent ignored
her. Moreover, respondent failed to
PER CURIAM: act on the case of complainant's son
and complainant was forced to avail
This treats of the complaint for of the services of the Public Attorney's
disbarment filed by complainant Dolores Office for her son's defense.
C. Belleza against respondent Atty. Alan
S. Macasa for unprofessional and Thereafter, complainant filed a
2
unethical conduct in connection with the verified complaint for disbarment
handling of a criminal case involving against respondent in the Negros
complainant's son. Occidental chapter of the Integrated
Bar of the Philippines (IBP). Attached
On November 10, 2004, complainant to the verified complaint was the
3
went to see respondent on referral of affidavit of Chua which read:
their mutual friend, Joe Chua.
Complainant wanted to avail of I, JOE CHUA, of legal age, Filipino and
respondent's legal services in resident of Purok Sawmill, Brgy. Bata,
connection with the case of her son, Bacolod City, after having been sworn to
Francis John Belleza, who was arrested in accordance with law, hereby depose
by policemen of Bacolod City earlier that and state:
day for alleged violation of Republic Act
1
(RA) 9165. Respondent agreed to 1. That I am the one who introduce[d]
handle the case for P30,000. Mrs. Dolores C. Belleza [to] Atty. Alan
Macasa when she looked for a lawyer
The following day, complainant made a to help her son in the case that the
partial payment of P15,000 to latter is facing sometime [i]n [the] first
respondent thru their mutual friend week of November 2004;
Chua. On November 17, 2004, she
gave him an additional P10,000. She 2. That by reason of my mutual
paid the P5,000 balance on November closeness to both of them, I am the
18, 2004. Both payments were also one who facilitated the payment of Mrs.
made thru Chua. On all three occasions, DOLORES C. BELLEZA to Atty. Alan
respondent did not issue any receipt. Macasa;

On November 21, 2004, respondent 3. That as far as I know, I received

received P18,000 from complainant for the following amount from Mrs.
the purpose of posting a bond to Dolores Belleza as payment for Atty.
secure the provisional liberty of her Alan Macasa:
(complainant's) son. Again, respondent
did not issue any receipt. When Date Amount
complainant went to the court the next
day, she found out that respondent did November 11, 2004 P15,000.00
not remit the amount to the court.
A week after 10,000.00
Complainant demanded the return of the November 18, 2004 5,000.00
P18,000 from respondent on several
4. That the above-mentioned amounts The CBD found respondent guilty of
which I supposed as Attorney's Fees violation of Rule 1.01 of the Code of
were immediately forwarded by me to Professional Responsibility which
Atty. [Macasa]; provides:

5. That I am executing this affidavit Rule 1.01 - A lawyer shall not engage
in order to attest to the truth of all the in unlawful, dishonest, immoral, or
foregoing statements. deceitful conduct.
4
xxx xxx xxx It also found him guilty of violation of
Rules 16.01 and 16.02 of the Code
5
In a letter dated May 23, 2005, the of Professional Responsibility:
IBP Negros Occidental chapter
transmitted the complaint to the IBP's Rule 16.01 - A lawyer shall account for
6 all money or property collected or
Commission on Bar Discipline (CBD).
received for or from the client.
7
In an order dated July 13, 2005, the
CBD required respondent to submit his Rule 16.02 - A lawyer shall keep the
answer within 15 days from receipt funds of each client separate and apart
thereof. Respondent, in an urgent from his own and those others kept by
motion for extension of time to file an him.
8
answer dated August 10, 2005, simply
brushed aside the complaint for being The CBD ruled that respondent lacked
"baseless, groundless and malicious" good moral character and that he was
without, however, offering any unfit and unworthy of the privileges
explanation. He also prayed that he be conferred by law on him as a member
given until September 4, 2005 to of the bar. The CBD recommended a
submit his answer. suspension of six months with a stern
warning that repetition of similar acts
Respondent subsequently filed would merit a more severe sanction. It
9 also recommended that respondent be
urgent motions for second and third
extensions of time praying to be ordered to return to complainant
given until November 4, 2005 to the P18,000 intended for the
submit his answer. He never did. provisional liberty of the complainant's
son and the P30,000 attorney's fees.
When both parties failed to attend the
mandatory conference on April 19, The Board of Governors of the IBP
2006, they were ordered to submit their adopted and approved the report and
10 recommendation of the CBD with the
respective position papers.
modification that respondent be ordered
In its report and recommendation dated to return to complainant only the amount
11 of P30,000 which he received as
October 2, 2007, the CBD ruled that
12
respondent failed to rebut the charges attorney's fees.
against him. He never answered the
complaint despite several chances to We affirm the CBD's finding of guilt as
do so. affirmed by the IBP Board of Governors
but we modify the IBP's foremost in complying with court
recommendation as to the liability directives as an officer of the
of respondent. 14
court. Respondent should have
known that the orders of the CBD (as
Respondent Disrespected the investigating arm of the Court in
Legal Processes administrative cases against lawyers)
were not mere requests but directives
Respondent was given more than which should have been complied with
enough opportunity to answer the promptly and
charges against him. Yet, he showed 15
completely.
indifference to the orders of the CBD
for him to answer and refute the
accusations of professional misconduct Respondent Grossly Neglected
against him. In doing so, he failed to The Cause of His Client
observe Rule 12.03 of the Code of
Professional Responsibility: Respondent undertook to defend the
criminal case against complainant's son.
Rule 12.03 - A lawyer shall not, after Such undertaking imposed upon him the
obtaining extensions of time to file following duties:
pleadings, memoranda or briefs, let
the period lapse without submitting the CANON 17 - A LAWYER OWES
same or offering an explanation for his FIDELITY TO THE CAUSE OF HIS
failure to do so. CLIENT AND HE SHALL BE MINDFUL
OF THE TRUST AND CONFIDENCE
Respondent also ignored the CBD's REPOSED IN HIM.
directive for him to file his position
paper. His propensity to flout the orders CANON 18 - A LAWYER SHALL
of the CBD showed his lack of concern SERVE HIS CLIENT WITH
and disrespect for the proceedings of COMPETENCE AND DILIGENCE.
the CBD. He disregarded the oath he
took when he was accepted to the legal xxx xxx xxx
profession "to obey the laws and the
legal orders of the duly constituted Rule 18.03 - A lawyer shall not neglect a
legal authorities." He displayed legal matter entrusted to him, and his
insolence not only to the CBD but also negligence in connection therewith shall
to this Court which is the source of the render him liable.
CBD's authority.
xxx xxx xxx
Respondent's unjustified disregard of
the lawful orders of the CBD was not CANON 19 - A LAWYER SHALL
only irresponsible but also constituted REPRESENT HIS CLIENT WITH ZEAL
utter disrespect for the judiciary and his WITHIN THE BOUNDS OF THE LAW.
13
fellow lawyers. His conduct was
unbecoming of a lawyer who is called A lawyer who accepts the cause of a
upon to obey court orders and client commits to devote himself
processes and is expected to stand (particularly his time, knowledge, skills
and effort) to such cause. He must be his client by promptly filing the
ever mindful of the trust and confidence necessary pleading or motion and
reposed in him, constantly striving to be assiduously attending the scheduled
worthy thereof. Accordingly, he owes full hearings. This is specially significant for
devotion to the interest of his client, a lawyer who represents an accused in
warm zeal in the maintenance and a criminal case.
defense of his client's rights and the
exertion of his utmost learning, skill and The accused is guaranteed the right to
ability to ensure that nothing shall be counsel under the
taken or withheld from his client, save 20
Constitution. However, this right can
16
by the rules of law legally applied. only be meaningful if the accused is
accorded ample legal assistance by his
A lawyer who accepts professional lawyer:
employment from a client undertakes to
serve his client with competence and ... The right to counsel proceeds from
17 the fundamental principle of due
diligence. He must conscientiously
perform his duty arising from such process which basically means that a
relationship. He must bear in mind that person must be heard before being
by accepting a retainer, he impliedly condemned. The due process
makes the following representations: requirement is a part of a person's
that he possesses the requisite degree basic rights; it is not a mere formality
of learning, skill and ability other lawyers that may be dispensed with or
similarly situated possess; that he will performed perfunctorily.
exert his best judgment in the
prosecution or defense of the litigation The right to counsel must be more than
entrusted to him; that he will exercise just the presence of a lawyer in the
reasonable care and diligence in the courtroom or the mere propounding of
use of his skill and in the application of standard questions and objections. The
his knowledge to his client's cause; and right to counsel means that the accused
that he will take all steps necessary to is amply accorded legal assistance
adequately safeguard his client's extended by a counsel who commits
18
interest. himself to the cause for the defense
and acts accordingly. The right
A lawyer's negligence in the discharge assumes an active involvement by the
of his obligations arising from the lawyer in the proceedings, particularly
relationship of counsel and client may at the trial of the case, his bearing
cause delay in the administration of constantly in mind of the basic rights of
justice and prejudice the rights of a the accused, his being well-versed on
litigant, particularly his client. Thus, the case, and his knowing the
from the perspective of the ethics of the fundamental procedures, essential laws
legal profession, a lawyer's lethargy in and existing jurisprudence.
21
carrying out his duties to his client is
19
both unprofessional and unethical. '∞-○-∞'

If his client's case is already pending in [T]he right of an accused to counsel is

court, a lawyer must actively represent beyond question a fundamental right.
Without counsel, the right to a fair trial When a lawyer collects or receives
itself would be of little consequence, for money from his client for a particular
it is through counsel that the accused purpose (such as for filing fees,
secures his other rights. In other registration fees, transportation and
words, the right to counsel is the right office expenses), he should promptly
to effective assistance of counsel.
22 account to the client how the money
was spent. If he does not use the
The right of an accused to counsel money for its intended purpose, he must
finds substance in the performance by 26
immediately return it to the client. His
the lawyer of his sworn duty of fidelity failure either to render an accounting or
23
to his client. Tersely put, it means an to return the money (if the intended
effective, efficient and truly decisive purpose of the money does not
legal assistance, not a simply materialize) constitutes a blatant
24 disregard of Rule 16.01 of the Code of
perfunctory representation.
27
Professional Responsibility.
In this case, after accepting the criminal
case against complainant's son and Moreover, a lawyer has the duty to
receiving his attorney's fees, respondent deliver his client's funds or properties
did nothing that could be considered as 28
as they fall due or upon demand. His
effective and efficient legal assistance. failure to return the client's money upon
For all intents and purposes, respondent demand gives rise to the presumption
abandoned the cause of his client. that he has misappropriated it for his
Indeed, on account of respondent's own use to the prejudice of and in
continued inaction, complainant was violation of the trust reposed in him by
29
compelled to seek the services of the the client. It is a gross violation of
Public Attorney's Office. Respondent's general morality as well as of
lackadaisical attitude towards the case professional ethics; it impairs public
of complainant's son was reprehensible. confidence in the legal profession and
Not only did it prejudice complainant's 30
deserves punishment. Indeed, it may
son, it also deprived him of his border on the criminal as it may
constitutional right to counsel. constitute a prima facie case of
Furthermore, in failing to use the swindling or estafa.
amount entrusted to him for posting a
bond to secure the provisional liberty of Respondent never denied
his client, respondent unduly impeded receiving P18,000 from complainant for
the latter's constitutional right to bail. the purpose of posting a bond to secure
the provisional liberty of her son. He
Respondent Failed to never used the money for its intended
Return His Client's Money purpose yet also never returned it to the
client. Worse, he unjustifiably refused to
The fiduciary nature of the relationship turn over the amount to complainant
between counsel and client imposes on despite the latter's repeated demands.
a lawyer the duty to account for the
money or property collected or received Moreover, respondent rendered no
25 service that would have entitled him to
for or from the client.
the P30,000 attorney's fees. As a rule,
the right of a lawyer to a reasonable comport himself in a manner that
compensation for his services is subject would promote public confidence in the
to two requisites: (1) the existence of an integrity of the legal profession.
33
attorney-client relationship and (2) the
rendition by the lawyer of services to Respondent was undeserving of the
31
the client. Thus, a lawyer who does trust reposed in him. Instead of using
not render legal services is not entitled the money for the bond of the
to attorney's fees. Otherwise, not only complainant's son, he pocketed it. He
would he be unjustly enriched at the failed to observe candor, fairness and
expense of the client, he would also be 34
loyalty in his dealings with his client.
rewarded for his negligence and He failed to live up to his fiduciary
irresponsibility. duties. By keeping the money for
himself despite his undertaking that he
Respondent Failed to Uphold would facilitate the release of
the Integrity and Dignity of the complainant's son, respondent
Legal Profession showed lack of moral principles. His
transgression showed him to be a
For his failure to comply with the swindler, a deceitful person and a
exacting ethical standards of the legal shame to the legal profession.
profession, respondent failed to obey
Canon 7 of the Code of Professional WHEREFORE, respondent Atty. Alan S.
Responsibility: Macasa is hereby found GUILTY not
only of dishonesty but also of
CANON 7. A LAWYER SHALL AT ALL professional misconduct for prejudicing
TIMES UPHOLD THE INTEGRITY AND Francis John Belleza's right to counsel
THE DIGNITY OF THE LEGAL and to bail under Sections 13 and 14(2),
PROFESSION AND SUPPORT THE Article III of the Constitution, and for
ACTIVITIES OF THE INTEGRATED violating Canons 1, 7, 17, 18 and 19
BAR. (emphasis supplied) and Rules 12.03, 16.01, 16.02, 16.03
and 18.03 of the Code of Professional
Indeed, a lawyer who fails to abide by Responsibility. He is
the Canons and Rules of the Code of therefore DISBARRED from the practice
Professional Responsibility disrespects of law effective immediately.
the said Code and everything that it
stands for. In so doing, he disregards Respondent is hereby ORDERED to
the ethics and disgraces the dignity of return to complainant Dolores C.
the legal profession. Belleza the amounts of P30,000 and
P18,000 with interest at 12% per annum
Lawyers should always live up to the from the date of promulgation of this
ethical standards of the legal profession decision until full payment. Respondent
as embodied in the Code of Professional is further DIRECTED to submit to the
Responsibility. Public confidence in law Court proof of payment of the amount
and in lawyers may be eroded by the within ten days from payment. Failure to
irresponsible and improper conduct of a do so will subject him to criminal
member of the bar.
32
Thus, every lawyer prosecution.
should act and
Let copies of this resolution be furnished preliminary investigation before the Office
the Office of the Bar Confidant to be of the Provincial Prosecutor of Tacloban
entered into the records of respondent City, Leyte, readily shows that somebody
Atty. Alan S. Macasa and the Office of else signed for Marlin and Marie. The
the Court Administrator to be furnished signatures above their names read
to the courts of the land for their Rosalina Aloha B. Cinco (Rosalina) and
information and guidance. Felicita P. Cinco (Felicita), respectively.
More, it is impossible for Marlin and Marie
SO ORDERED. to have personally appeared before Atty.
Lacaba since during the execution of the
Counter-Affidavit, Marlin was in Dubai
working, while Marie was in Cebu City.
Aside from non-compliance with the
requirements of personal appearance and
A.C. No. 9269, March 13, 2019 attestation of the affiants, Atty. Lacaba
also failed to indicate the document
AZUCENA C. TABAO, PETITIONER, v. number, page number, book number, and
ATTY. ALEXANDER R. LACABA, corresponding series year of his notarial
RESPONDENT. register in the Counter-Affidavit, as
4
required by notarial laws.
DECISION
5
JARDELEZA, J.: In his compliance, Atty. Lacaba did not
deny complainant's charges. As defense,
This administrative case stemmed from however, he claimed that the Investigating
1 Prosecutor in the perjury case was
a letter filed by Azucena C. Tabao
(complainant) before the Court, informed before the filing of the Counter-
charging Atty. Alexander R. Lacaba of Affidavit that two of the affiants were
violating the 2004 Rules on Notarial "physically absent" but could be contacted
Practice (Rules on Notarial Practice).
2 through telephone and video call via
internet. According to him, the
The Facts Investigating Prosecutor offered no
objection to the same. He notarized the
Complainant, with her siblings, charged Counter-Affidavit by contacting Marlin and
Jester Q. Repulda, Edmund C. Elcarte, Marie by video call using the laptop of
Noel Vincent P. Cinco (Noel), Paul Felicitas, the mother of Marie, Noel, and
Michael P. Cinco (Paul), Marlin B. Paul, in his office in Sta. Fe, Leyte. He
Cinco (Marlin), and Marie Janice P. narrated that he contacted Marie first and
Cinco (Marie) of perjury. According to that during the video call, he "could see
complainant, Atty. Alexander R. Lacaba her in the monitor of the laptop and after
(Atty. Lacaba) notarized the two-page reading to her the contents of the subject
3 counter-affidavit and asked her if she
Counter-Affidavit executed by Noel,
Paul, Marlin, and Marie without the understood the contents read to her, the
personal appearance of Marlin and latter affirmed, and voluntarily and
Marie. A perusal of this Counter- knowingly AUTHORIZED her mother
Affidavit, which was filed during the [Felicitas] to
 6
sign for and in her behalf." He then
made the video call with Marlin, and in In his Report and
12
the same manner, Marlin authorized her Recommendation dated June 15,
mother, Rosalina, to sign for and in her 2015, Investigating Commissioner
behalf. Citing the Rules on Electronic Rodolfo R. Zabella, Jr. (Investigating
Evidence, he alleged that the video call Commissioner Zabella) found Atty.
conversation can be considered a Lacaba guilty of violating Rule 1.01,
"substitute of personal presence of a Canon 1 of the Code of Professional
person while physically absent from the Responsibility and Rules IV and VI of
place of the other party." Further, the the Rules on Notarial Practice on the
circumstances of Marlin and Marie fall following grounds: 1) Atty. Lacaba never
under the "physical inability" denied having notarized the Counter-
7
contemplated under Section 1(c), Rule Affidavit despite the absence of two of
IV of the Rules on Notarial Practice. He, the affiants; 2) Rosalina and Felicitas
nonetheless, admits that not all were not appointed representatives of
elements required by the said provision Marlin and Marie, respectively, in
were present in this case. Atty. Lacaba accordance with the provisions of Title X
8
maintained that he was in good faith. of the Civil Code, thus, they cannot sign
for and in behalf of the latter; and 3) the
On July 29, 2013, the Court referred Rules on Electronic Evidence finds no
the matter to the Integrated Bar of the application in the circumstances
Philippines (IBP) for investigation, surrounding the case. He recommended
9
report, and recommendation. that Atty. Lacaba be suspended for a
period of three months, that his notarial
Both parties filed their respective commission, if any, be revoked, and that
position papers and reiterated their he be prohibited from being
10
claims. Arty. Lacaba added that during commissioned as a notary public for a
13
the preliminary investigation, period of two years.
complainant never questioned the
representation of Rosalina and Felicitas On April 29, 2016, the IBP Board of
even though she was furnished with a Governors, in Resolution No. XXII-2016-
copy of the Counter-Affidavit. The law 14
292, resolved to adopt the findings of
on agency in the Civil Code does not fact and recommendation of
prohibit a party from appointing an agent Investigating Commissioner Zabella but
to execute a counter-affidavit for increased the period of suspension from
purposes of preliminary investigation. the practice of law to six months. It,
The submission of a counter-affidavit is thus, directed the Director of the
not even compulsory under the Rules on Commission on Bar Discipline to
Criminal Procedure, hence a respondent prepare an extended resolution
may delegate its execution to an agent explaining the Board's action.
who must appear in person before the
notary public who will administer the In an Extended Resolution, the IBP
11
oath. Board of Governors, through
Commission on Bar Discipline Director
Report and Recommendation of the
Ramon S. Esguerra, explained the
IBP
increase of the period of suspension
from three to six months. Citing several Lacaba from the practice of law for six
cases, it expounded on the importance months, his disqualification from being
15 commissioned as notary public for two
of notarization and the rule that
notaries public should not notarize a years, and the revocation of his
20
document without the personal notarial commission, if there be any.
appearance of the person who executed
16 The Ruling of the Court
the same. Atty. Lacaba never denied
the charges against him; he merely
The Court upholds the findings of the
posited that the requirement of personal
IBP Board of Governors.
appearance was satisfied through the
video call with Marlin and Marie and the
physical presence of their There is no dispute that Atty. Lacaba
representatives, Rosalina and Felicitas, violated the Rules on Notarial Practice.
who signed the Counter-Affidavit. Both in his Compliance and Position
According to the IBP Board of Paper, he never disputed the fact that
Governors, Atty. Lacaba's contentions he notarized the Counter-Affidavit
cannot be given credit because in the without the personal appearance of all
17
similar case of Bon v. Ziga, the Court the affiants. He also did not address his
rejected the defense of substantial failure to indicate in the Counter-
compliance to the requirement of Affidavit the document number, page
personal appearance of the affiant, i.e., number, book number, and the
speaking with the affiants over the corresponding series year of his notarial
telephone to secure their affirmation that register. He merely offered good faith
18 and substantial compliance as
their signatures were genuine. In
defenses. Section 2(b), Rule IV and
addition, there is no legal basis to
Section 2(e), Rule VI of the Rules on
support his argument that the Rules on
Notarial Practice are clear:
Criminal Procedure do not prohibit the
execution of a counter-affidavit by a Rule IV
representative. On his failure to indicate
in the Counter-Affidavit the document xxxx
number, page number, book number,
and the corresponding series year of his Sec. 2. Prohibitions. - x x x
notarial register, such is a clear violation
of Section 2(e), Rule VI of the Rules on xxxx
Notarial Practice as these formalities
are mandatory and cannot be simply b. A person
neglected considering the degree of shall not
importance and evidentiary weight perform a
attached to notarized notarial act
19
documents. Clearly, Atty. Lacaba if the person
cannot escape liability for violating involved as
notarial laws. It applied the penalty signatory to
meted by the Court in Bon, considering the
the analogous circumstances in the instrument
cases. Thus, the IBP Board of Governor or document
recommended the suspension of Atty. -
 therein. The purpose of this requirement
(1) is not in the is to enable the notary public to verify the
notary's presence genuineness of the signature of the
personally at the acknowledging party and to ascertain that
time of the the document is the party's free act and
21
notarization; and deed. Thus, it is undeniable that
(2) is not personally Rosalina and Felicitas could not validly
sign for and in behalf of Marlin and Marie
for the simple reason that they do not
known to the notary have personal knowledge of the
public or otherwise allegations in the Counter-Affidavit, and
identified by the therefore, could not attest to the
notary public through truthfulness thereof.
competent evidence
of identity as defined It cannot be overemphasized that
by these Rules. "notarization is not an empty,
meaningless routinary act, but one
invested with substantive public interest.
xxxx
Notarization converts a private
document into a public document,
Rule VI making it admissible in evidence without
further proof of its authenticity. Thus, a
xxxx notarized document is, by law, entitled
to full faith and credit upon its face. It is
Sec. 2. Entries in the Notarial Register. for this reason that a notary public must
-xxx observe with utmost care the basic
requirements in the performance of his
xxxx notarial duties; otherwise, the public's
confidence in the integrity of a notarized
22
e. The notary public shall give to each document would be undermined."
instrument or document executed, Atty. Lacaba cannot, therefore,
sworn to, or acknowledged before frivolously bend the rules to his benefit.
him a number corresponding to the
one in his register, and shall also The Court likewise adopts the
state on the instrument or recommended penalty of the IBP Board
document the page/s of his of Governors. The penalty of
register on which the same is suspension from the practice of law for
recorded. No blank line shall be left the period of six months, disqualification
between entries. (Emphasis from being commissioned as a notary
supplied.) public for a period of two years, and
revocation of his notarial commission, if
A notary public is not allowed to notarize any, is commensurate and in accord
a document unless the persons who 23
signed the same are the very same with existing jurisprudence.
persons who executed and personally
WHEREFORE, respondent Atty.
appeared before him to attest to the
Alexander R. Lacaba is
contents and truth of what are stated
ordered SUSPENDED from the PER CURIAM:
practice of law for six months effective
from the date of finality of this Decision. This disbarment complaint against
His notarial commission, if existing, is Attorney Benjamin M. Grecia was filed
hereby REVOKED, and he on August 20, 1991 by Doctors Alberto
is DISQUALIFIED from being Fernandez, Isabelo Ongtengco and
commissioned as a notary public for two Achilles Bartolome and the St. Luke's
years. He is also sternly warned that a Medical Center (hereafter "St. Luke's"
repetition of the same or similar acts shall for brevity) where they are accredited
be dealt with more severely. Atty. Lacaba medical practitioners. The respondent is
is directed to inform the Court of the date charged with dishonesty and grave
of his receipt of this Decision. misconduct in connection with the theft
of some pages from a medical chart
Let a copy of this Decision be furnished which was material evidence in a
to the Office of the Bar Confidant, the damage suit filed by his clients against
Integrated Bar of the Philippines, and the the aforenamed doctors and St. Luke's.
Office of the Court Administrator for
circulation to all the courts. Disciplinary proceedings like this one are
in a class by themselves. As we observed
in In Re Almacen, 31 SCRA 562,600,
LAWYER AND THE SOCIETY they are neither purely civil nor purely
criminal. "Public interests is the primary
objective, and the real question for
determination is whether or not the
A.C. No. 3694 June 17, 1993 attorney is still a fit person to be allowed
the privileges as such." The purpose is
ALBERTO FERNANDEZ, "to protect the court and the public from
ISABELO ONGTENGCO, the misconduct of officers of the court" (In
ACHILLES BARTOLOME, AND Re Montagne & Dominguez, 3 Phil. 577,
ST. LUKES MEDICAL CENTER, 588), or to remove from the profession a
complainants, vs. person whose misconduct has proved
ATTORNEY BENJAMIN M. him unfit to be entrusted with the duties
GRECIA, respondent. and responsibilities belonging to the
office of an attorney (Ledesma vs.
Norberto Gonzales for Fernandez. Climaco, 57 SCRA 473; Atienza vs.
Evangelista, 80 SCRA 338).
Bu Castro for Ongtengco & Bartolome.
Disbarment is nothing new to
Quasha, Asperilla, Ancheta, Peña respondent Grecia. On November 12,
& Nolasco for St. Luke's Hospital. 1987, he was disbarred for his immoral
complicity or "unholy alliance" with a
Joaquin P. Yuseco for judge in Quezon City to rip off banks
respondent Benjamin Grecia. and Chinese business firms which had
the misfortune to be sued in the latter's
court (Prudential Bank vs. Judge Jose
P. Castro and Atty. Benjamin M. Grecia Aves, along with his three (3) minor
[Adm. Case No. 2756], 155 SCRA 604). children, brought an action for damages
against the hospital and the attending
Three years later, on December 18, physicians of his wife. Their counsel,
1990, the Court, heeding his pleas for respondent Attorney Benjamin Grecia,
compassions and his promise to mend filed a complaint entitled: "Attorney
his ways, reinstated him in the Damaso B. Aves, et al. vs. St. Luke's
profession. Only eight (8) months later, Medical Center, Drs. Alberto Fernandez,
on August 20, 1991, he was back before Isabelo Ongtengco, Jr. and Achilles
the court facing another charge of Bartolome" in the Regional Trial Court
dishonesty and unethical practice. of Valenzuela, Bulacan, where it was
Apparently, the earlier disciplinary docketed as Civil Case No. 3548-V and
action that the Court took against him assigned to Branch 172, presided over
did not effectively reform him. by Judge Teresita Dizon-Capulong.

The complaint of St. Luke's against On July 4, 1991, the medical records of
Attorney Grecia was referred by the Fe Linda Aves were produced in court
Court to Deputy Court of Administrator by St. Luke's, as requested by Attorney
Juanito A. Bernad for investigation, Grecia. The records were entrusted to
report and recommendation. The the Acting Branch Clerk of Court,
following are Judge Bernad's findings: Avelina Robles.

The late Fe Linda Aves was seven (7) On July 16, 1991, between 8:30-9:00 o'
months pregnant when she was admitted clock in the morning, upon arriving in
as a patient at St. Luke's Hospital on court for another hearing of the case,
December 20, 1990. She complained of Attorney Grecia borrowed from Mrs.
dizziness, hypertension, and abdominal Robles the folder containing the
pains with vaginal bleeding. Dr. medical records of Mrs. Aves.
Fernandez, head of the OB-GYNE
Department of St. Luke's, Dr. Ongtengco, While leafing through the folder, Grecia
Jr., a cardiologist, and Dr. Bartolome, a surreptitiously tore off two (2) pages of
urologist, examined Mrs. Aves and the medical records. The respondent's
diagnosed her problem as mild pre- act was notified by Mrs. Robles and
eclampsia (p. 63, Rollo). Five Maria Arnet Sandico, a clerk. They saw
(5) days later, on Christmas day, Grecia crumple the papers and place
December 25, 1990, Mrs. Aves was them inside the right pocket of his coat.
discharged from the hospital, to He immediately returned the folder to
celebrate Christmas with her family. Mrs. Roblesa (who was momentarily
rendered speechless by his audacious
However, she was rushed back to the act) and left the office.
hospital the next day, December 26,
1990. On December 27, 1990, she Mrs. Robles examined the medical chart
died together with her unborn child. and found pages "72" and "73" missing.
She ordered Sandico to follow the
Blaming the doctors of St. Luke's for respondent. Sandico saw Grecia near the
his wife's demise, Attorney Damaso B. canteen at the end of the building,
calling a man (presumably his driver) where she later regained
who was leaning against a parked car consciousness.
(presumably Grecia's car). When the
man approached, Grecia gave him the In the ensuing excitement and confusion
crumpled papers which he took from of recovering the stolen exhibits, no one
his coatpocket. Sandico returned to the thought of ascertaining the identity of
office and reported what she had seen the man from whom they were
to Mrs. Robles. The latter in turn recovered. Judge Capulong belatedly
reported it to Judge Capulong. The realized this, so she directed the
three of Valenzuela Police to find out who he
them — Judge Capulong, Mrs. Robles was. She also ordered Sandico to
and Ms. Sandico — went downstairs. submit a formal report of the theft of the
Ms. Sandico pointed to Judge Capulong exhibits to the police.
the man to whom Grecia had given the
papers which he had filched from A police investigator, PO3 Arnold
medical folder of Linda Aves. Judge Alabastro, tried to ascertain the name of
Capulong told Sandico to bring the man Grecia's driver who was known only as
to her chamber. On the way back to "SID." He located Grecia's house in
chamber, Judge Capulong saw the Quezon City. Although he was not
plaintiff, Attorney Damaso Aves, and St. allowed to enter the premises, he was
Luke's counsel, Attorney Melanie able to talk with a house maid. He
Limson. She requested them to come to pretended to be a cousin of "SID" and
her office. asked for the latter. The housemaid
informed him that "SID" was sent home
In the presence of Attorneys Aves and to his province by Grecia.
Limson, Mrs. Robles, Ms. Sandico, and
a visitor, Judge Capulong confronted He talked with Grecia himself but the
the man and ordered him to give her the latter denied that he had a driver named
papers which Grecia had passed on to "SID."
him. The man at first denied that he had
the papers in his possession. However, PO3 Alabastro also talked wit one of
when Sandico declared that she saw Grecia's neighbors across the street.
Grecia hand over the papers to him, the The neighbor confirmed that Grecia's
man sheepishly took them from his driver was a fellow named "SID".
pants pocket and gave them to Judge
Capulong. When the crumpled pages The incident caused enormous
"72" and "73" of the medical folder were emotional strain to the personnel of
shown to Sandico, she identified them Judge Capulong's court, so much so
as the same papers that she saw Grecia that the Acting Branch Clerk of Court,
hand over to the man. Avelina Robles, was hospitalized.
Because of the incident, Judge
After the confrontation, Sandicio and Capulong inhibited herself from
Robles went back to their office. Mrs. conducting the trial of Civil Case No.
Robles collapsed in a dead faint and 3548-V.
was rushed to the Fatima Hospital
On August 20, 1991, St. Luke's failed have done the act imputed to him,
this disbarment case against Grecia. because the medical chart was the very
foundation of the civil case which he
At the investigation of the case by filed against St. Luke's and its doctors.
Judge Bernad, Attorney Damaso Aves, He wondered why the man, alleged to
the surviving spouse of the late Fe be his driver, to whom he supposedly
Linda Aves and plaintiff in Civil case No. gave the detached pages of the medical
3548-V, testified that it was Attorney Bu chart, was neither held nor arrested. His
Castro, counsel of the defendants in identity was not even established.
said Civil Case No. 3548-V, who lifted
two pages from the medical folder which He likewise branded the testimony of
lay among some papers on top of the Police Investigator Alabastro as a
table of Acting Branch Clerk of Court fabrication for he had never seen
Robles. When he allegedly went outside him before.
the courthouse to wait for Attorney
Grecia to arrive, he noticed Attorney He underscored the fact that none of the
Castro come out of the building and lawyers in the courthouse, nor any of
walk toward a man in the parking lot to the court personnel, accosted him about
whom he handed a piece of paper. the purloined pages of the medical
Afterward, Attorney Castro reentered record and he alleged that the
the courthouse. unidentified man remained in the
courtroom even after the confrontation
Respondent Grecia denied any in the Judge's chamber.
knowledge of the theft of the exhibits in
the Aves case. He alleged that the In evaluating the testimonies of the
person who was caught in possession witnesses, Judge Bernad found the
of the detached pages of the medical court employee, Maria Arnie Sandico,
record was actually "planted" by his and Acting branch Clerk of Court
adversaries to discredit him and destroy Avelina Robles entirely credible and
his reputation. "without any noticeable guile nor attempt
at fabrication, remaining constant even
He denied that he had a driver. He under pressure of cross examination" (p.
alleged that his car was out of order on 11, Judge Bernad's Report).
July 16, 1991, so he was fetched by the
driver of Attorney Aves in the latter's That the Acting Branch Clerk of Court,
"Maxima" car. He arrived in the Mrs. Robles, who is not even a lawyer,
courthouse at exactly 9:15 in the and her lowly clerk, Ms. Sandico, did not
morning and went straight to the promptly raise a hue and cry on seeing
courtroom on the second floor of the Grecia tear off two pages of the medical
building. He did not leave the place until record, was understandable for they
his case was called at 9:40. Since it hesitated to confront a man of his
was allegedly a very warm day, he wore stature. Nevertheless, they had the
a dark blue barong tagalog, not a presence of mind to immediately report
business suit. He branded the testimony the matter to their Judge who forthwith
of Ms. Sandico as an absolute took appropriate steps to recover the
falsehood. He alleged that he would not exhibits. Robles, Sandico and PO3
Alabastro had absolutely no motive to pockets), his memory was not sharp
testify falsely against the respondent. when he was cross-examined regarding
more recent events. For instance, he
While Judge Capulong took the blame insisted that Judge Bernad was absent
for failing to ascertain the identity of on August 4, 1992, but the truth is that
Attorney Grecia's "driver," her swift a hearing was held on that date as
action in summoning and confronting shown by the transcript.
him led to the recovery of the stolen
pages of the medical chart. When he was confronted with exhibits
"A" and "B," Grecia tried to make an
Unfortunately, the inquiry made by issue of the absence of a court order to
Police Investigation Arnold Alabastro deposit Linda Aves' medical chart in
into identity of the man was fruitless court. He forgot that it was he who
for he was never seen again. asked that the chart be left with the clerk
of court.
Attorney Aves' allegation that it was St.
Luke's counsel, Attorney Castro, not His allegation that he would be the last
Grecia, who stole the pages from the person to remove pages 72 and 73 of
medical folder and slipped them to an the medical chart for the entries therein
unidentified man, is an incredible are favorable to his client's cause is
fabrication. Not only is it directly specious. As a matter of fact, the
contradicted by Mrs. Robles and Ms. entries show that after Mrs. Aves was
Sandico, but, significantly, Attorney readmitted to the hospital on December
Aves failed to mention it during the 26, 1990, the doctors were able to
confrontation with the man inside Judge stabilize her blood pressure with a
Capulong's chamber where he normal reading of 120/80.
(Attorney Aves) was present.
On the basis of the evidence presented
His other allegation that he saw the before Judge Bernad, the Court is
man inside the courtroom afterwards, is convinced that the charge against
not credible for he would have called Attorney Benjamin M. Grecia is true.
the attention of Judge Capulong who, By stealing two pages from Linda Aves'
he knew, had been looking for the man medical chart and passing them on to
to ascertain his identity. his driver, he violated Rule 1.01, canon
1 of the Rules of Professional
In view of his obvious bias for his Responsibility as well as canon 7
counsel, Aves' testimony was properly thereof which provide that:
disregarded by the investigator, Judge
Bernad. Likewise wanting in truth and Canon 1. . . .
candor was Grecia's testimony. Judge
Bernad noted that while Grecia was Rule 1.01 — A lawyer
punctilious when testifying on the hour shall not engage in
of his arrival in court (9:15 A.M.) on July unlawful, dishonest,
16, 1991, and he even remembered immoral and deceitful
that on that day he wore a dark blue conduct.
barong tagalog (an apparel that has no
 Canon 7. A lawyer shall at . . . . The nature of the
all times uphold the office of an attorney at law
integrity and dignity of the requires that he shall be a
legal profession and person of good moral
support the activities of the character. This
Integrated Bar. qualification is not only a
condition precedent to
A lawyer is an officer of the courts; he is admission to the practice
"like the court itself, an instrument or of law; its continued
agency to advance the ends of justice" possession is also
(People ex rel Karlin vs. Culkin, 60 essential for remaining in
A.L.R. 851, 855). An incorrigible the practice of law, in the
practitioner of "dirty tricks," like Grecia exercise of privileges of
would be ill-suited to discharge the role members of the Bar.
of "an instrument to advance the ends Gross misconduct on the
of justice." part of a lawyer, although
not related to the
The importance of integrity and discharge of professional
good moral character as part of a duties as a member of the
lawyer's equipment in the practice of bar, which puts his moral
his profession has been stressed by character in serious doubt,
this Court repeatedly. renders him unfit to
continue in the practice of
. . . The bar should law. (Melendrez vs.
maintain a high standard Decena, 176 SCRA 662,
of legal proficiency as well 676.)
as of honesty and fair
dealing. Generally . . . public policy demands
speaking, a lawyer can do that legal work in
honor to the legal representation of parties
profession by faithfully litigant should be entrusted
performing his duties to only to those possessing
society, to the bar, to the tested qualifications and
courts and to his clients. who are sworn to observe
To this end, nothing the rules and the ethics of
should be done by any the profession, a s well as
member of the legal being subject for judicial
fraternity which might tend disciplinary control for the
to lessen in any degree protection of court, clients
the confidence of the and the public. (Phil.
public in the fidelity, Association of Free Labor
honesty and integrity of Unions [PAFLU] vs.
the profession. (Marcelo Binalbagan Isabela Sugar
vs. Javier, Sr., A.C. No. Company, 42 SCRA 302,
3248, September 18, 305.)
1992, pp. 13-14.)
By descending to the level of a common SO ORDERED
thief, respondent Grecia has demeaned
and disgraced the legal profession. He
has demonstrated his moral unfitness to
continue as a member of the honorable
fraternity of lawyers. He has forfeited
his membership in the BAR.

Generally, a lawyer may Adm. Case No. 4680 August

be disbarred or suspended 29, 2000
for any misconduct,
whether in his professional AQUILINO Q. PIMENTEL,
or private capacity, which JR., complainant, vs.
shows him to be wanting ATTYS. ANTONIO M. LLORENTE and
in moral character, in LIGAYA P. SALAYON, respondents.
honesty, probity and good
demeanor or unworthy to MENDOZA, J.:
continue as an officer of
the court, or an unfit or This is a complaint for disbarment
unsafe person to enjoy the against respondents Antonio M. Llorente
privileges and to manage and Ligaya P. Salayon for gross
the business of others in misconduct, serious breach of trust, and
the capacity of an violation of the lawyer's oath in
attorney, or for conduct connection with the discharge of their
which tends to bring duties as members of the Pasig City
reproach on the legal Board of Canvassers in the May 8, 1995
profession or to injure it in elections. Salayon, then election officer
the favorable opinion of of the Commission on Elections
the public. (Marcelo vs. (COMELEC), was designated chairman
Javier, Sr., A.C. No. 3248, of said Board, while Llorente, who was
September 18, 1992, p. then City Prosecutor of Pasig City,
15.) served as its ex oficio vice-chairman as
1
provided by law. Complainant, now a
WHEREFORE, the Court finds Attorney senator, was also a candidate for the
Benjamin Grecia guilty of grave Senate in that election.
misconduct, dishonesty, and grossly
unethical behavior as a lawyer. Complainant alleges that, in violation of
Considering that this is his second 2
R.A. No. 6646, §27(b), respondents
offense against the canons of the tampered with the votes received by
profession, the Court resolved to him, with the result that, as shown in
impose upon him once more the the Statements of Votes (SoVs) and
supreme penalty of DISBARMENT. His Certificate of Canvass (CoC) pertaining
license to practice law in the Philippines to 1,263 precincts of Pasig City, (1)
is hereby CANCELLED and the Bar senatorial candidates Juan Ponce
Confidant is ordered to strike out his Enrile, Anna Dominique Coseteng,
name from the Roll of Attorneys.
Gregorio Honasan, Marcelo Fernan, 22, 1999. On June 4, 1999, he filed this
Ramon Mitra, and Rodolfo Biazon were petition pursuant to Rule 139-B, §12(c).
credited with votes which were above the
number of votes they actually received It appears that complainant likewise filed
while, on the other hand, petitioner's votes criminal charges against respondents
were reduced; (2) in 101 precincts, before the COMELEC (E.O. Case No.
Enrile's votes were in excess of the total 96-1132) for violation of R.A. No. 6646,
number of voters who actually voted §27(b). In its resolution dated January 8,
therein; and (3) the votes from 22 1998, the COMELEC dismissed
precincts were twice recorded in 18 SoVs. complainant's charges for insufficiency
Complainant maintains that, by signing of evidence. However, on a petition for
4
the SoVs and CoC despite respondents' certiorari filed by complainant, this
knowledge that some of the entries Court set aside the resolution and
therein were false, the latter committed a directed the COMELEC to file
serious breach of public trust and of their appropriate criminal charges against
lawyers' oath. respondents. Reconsideration was
denied on August 15, 2000.
Respondents denied the allegations
against them. They alleged that the Considering the foregoing facts, we
preparation of the SoVs was made by hold that respondents are guilty of
the 12 canvassing committees which misconduct.
the Board had constituted to assist in
the canvassing. They claimed that the First. Respondent Llorente seeks the
errors pointed out by complainant could dismissal of the present petition on the
be attributed to honest mistake, ground that it was filed late. He
oversight, and/or fatigue. contends that a motion for
reconsideration is a prohibited pleading
5
In his Consolidated Reply, complainant under Rule 139-B, §12(c) and,
counters that respondents should be therefore, the filing of such motion
held responsible for the illegal padding before the IBP Board of Governors did
of the votes considering the nature and not toll the running of the period of
extent of the irregularities and the fact appeal. Respondent further contends
that the canvassing of the election that, assuming such motion can be
returns was done under their control filed, petitioner nevertheless failed to
and supervision. indicate the date of his receipt of the
April 22, 1999 resolution of the IBP
On December 4, 1998, the Integrated denying his motion for reconsideration
Bar of the Philippines, to which this so that it cannot be ascertained whether
matter had been referred pursuant to his petition was filed within the 15-day
Rule 139-B, §13, in relation to §20 of period under Rule 139-B, §12(c).
the Rules of Court, recommended the
dismissal of the complaint for lack of The contention has no merit. The
3 question of whether a motion for
merit. Petitioner filed a motion for
reconsideration on March 11, 1999, but reconsideration is a prohibited pleading
his motion was denied in a resolution of or not under Rule 139-B, §12(c) has
the IBP Board of Governors dated April
been settled in Halimao v. this case was filed beyond the 15-
6
Villanueva, in which this Court held: day period for filing it.

Although Rule 139-B, §12(C) Even assuming that petitioner received

makes no mention of a motion for the IBP resolution in question on May
reconsideration, nothing in its text 18, 1999, i.e., on the same date a copy
or in its history suggests that of the same was received by the Office
such motion is prohibited. It may of the Bar Confidant, the delay would
8
therefore be filed within 15 days only be two days. The delay may be
from notice to a party. Indeed, the overlooked, considering the merit of this
filing of such motion should be case. Disbarment proceedings are
encouraged before resort is undertaken solely for public welfare. The
made to this Court as a matter of sole question for determination is
exhaustion of administrative whether a member of the bar is fit to be
remedies, to afford the agency allowed the privileges as such or not.
rendering the judgment an The complainant or the person who
opportunity to correct any error it called the attention of the Court to the
may have committed through a attorney's alleged misconduct is in no
misapprehension of facts or sense a party, and generally has no
misappreciation of the interest in the outcome except as all
evidenced.
7 good citizens may have in the proper
9
administration of justice. For this
On the question whether petitioner's reason, laws dealing with double
present petition was filed within the 15- 10 11
jeopardy or prescription or with
day period provided under Rule 139-B, 12
§12(c), although the records show that it procedure like verification of pleadings
13
was filed on June 4, 1999, respondent and prejudicial questions have no
has not shown when petitioner received application to disbarment proceedings.
a copy of the resolution of the IBP
Board of Governors denying his motion Even in ordinary civil actions, the period
for reconsideration. It would appear, for perfecting appeals is relaxed in the
however, that the petition was filed on interest of justice and equity where the
time because a copy of the resolution appealed case is clearly meritorious.
personally served on the Office of the Thus, we have given due course to
Bar Confidant of this Court was received appeals even though filed
14 15 16
by it on May 18, 1999. Since copies of six, four, and three days late. In this
IBP resolutions are sent to the parties case, the petition is clearly meritorious.
by mail, it is possible that the copy sent
to petitioner was received by him later Second. The IBP recommends the
than May 18, 1999. Hence, it may be dismissal of petitioner's complaint on the
assumed that his present petition was basis of the following: (1) respondents
filed within 15 days from his receipt of had no involvement in the tabulation of
the IBP resolution. In any event, the the election returns, because when the
burden was on respondent, as the Statements of Votes (SoVs) were given to
moving party, to show that the petition in them, such had already been
accomplished and only needed their
respective signatures; (2) the canvassing official duty. The sheer
was done in the presence of watchers, magnitude of she error, not only
representatives of the political parties, the in the total number of votes
media, and the general public so that garnered by the aforementioned
respondents would not have risked the candidates as reflected in the
commission of any irregularity; and (3) CoC and the SoVs, which did not
the acts dealt with in R.A. No. 6646, tally with that reflected in the
§27(b) are mala in election returns, but also in the
se and not mala prohibita, and total number of votes credited for
petitioner failed to establish criminal senatorial candidate Enrile which
17 exceeded the total number of
intent on the part of respondents.
voters who actually voted in
The recommendation is unacceptable. those precincts during the May 8,
In disciplinary proceedings against 1995 elections, renders the
members of the bar, only clear defense of honest mistake or
preponderance of evidence is required oversight due to fatigue, as
18
to establish liability. As long as the incredible and simply
evidence presented by complainant or unacceptable.
22
1
that taken judicial notice of by the Court
9 is more convincing and worthy of Indeed, what is involved here is not just a
belief than that which is offered in case of mathematical error in the
20
opposition thereto, the imposition of tabulation of votes per precinct as
disciplinary sanction is justified.. reflected in the election returns and the
subsequent entry of the erroneous figures
In this case, respondents do not 23
in one or two SoVs but a systematic
dispute the fact that massive scheme to pad the votes of certain
irregularities attended the canvassing senatorial candidates at the expense of
of the Pasig City election returns. The petitioner in complete disregard of the
only explanation they could offer for tabulation in the election returns. A
such irregularities is that the same cursory look at the evidence submitted by
could be due to honest mistake, human petitioner reveals that, in at least 24 SoVs
error, and/or fatigue on the part of the involving 101 precincts, the votes for
members of the canvassing committees candidate Enrile exceeded the number of
who prepared the SoVs. voters who actually voted in the said
precincts and, in 18 SoVs, returns from
This is the same allegation made in 22 precincts were-tabulated twice. In
Pimentel v. Commission on addition, as the Court noted in Pimentel,
21
Elections. In rejecting this the total number of votes credited to each
allegation and ordering respondents of the seven senatorial candidates in
prosecuted for violation of R.A. No. question, as reflected in the CoC,
6646, §27(b), this Court said: markedly differ from those indicated in the
24
SoVs.
There is a limit, we believe, to
what can be construed as an Despite the fact that these
honest mistake or oversight due discrepancies, especially the double
to fatigue, in the performance of recording of the returns from 22
precincts and the variation in the member of the bar for
tabulation of votes as reflected in the 26
such misconduct.
SoVs and CoC, were apparent on the
face of these documents and that the Here, by certifying as true and correct
variation involves substantial number the SoVs in question, respondents
of votes, respondents nevertheless committed a breach of Rule 1.01 of the
certified the SoVs as true and correct. Code which stipulates that a lawyer
Their acts constitute misconduct. shall not engage in "unlawful, dishonest,
immoral or deceitful conduct." By
Respondent Llorente's contention that express provision of Canon 6, this is
he merely certified the genuineness and made applicable to lawyers in the
due execution of the SoVs but not their government service. In addition, they
correctness is belied by the certification likewise violated their oath of office as
which reads: lawyers to "do no falsehood."

WE HEREBY CERTIFY that the Nowhere is the-need for lawyers to

foregoing Statement of Votes by . observe honesty both in their private
. . [p]recinct is true and correct. and in their public dealings better
27
IN WITNESS WHEREOF, we expressed in Sabayle v. Tandayag
sign these presents at the in which this Court said:
City/Municipality of ___________
Province of ________ this There is a strong public interest
_______ day of May, 1995. involved in requiring lawyers to
(Emphasis added) behave at all times in a manner
consistent with truth and honor it
Nor does the fact that the canvassing is important that the common
was open to the public and observed caricature that lawyers by and
by numerous individuals preclude the large do not feel compelled to
commission of acts for which speak the truth and to act
respondents are liable. The fact is that honestly, should not become a
only they had access to the SoVs and 28
common reality . . .
CoC and thus had the opportunity to
compare them and detect the It may be added that, as lawyers in the
discrepancies therein. government service, respondents were
under greater obligation to observe this
Now, a lawyer who holds a government basic tenet of the profession because a
position may not be disciplined as a public office is a public trust.
member of the bar for misconduct in the
discharge of his duties as a government Third. Respondents' participation in the
25 irregularities herein reflects on the legal
official. However, if the misconduct also
constitutes a violation of the Code of profession, in general, and on lawyers in
Professional Responsibility or the government in particular. Such conduct
lawyer's oath or is of such character as to in the performance of their official
affect his qualification as a lawyer or duties, involving no less than the
shows moral delinquency on his part, ascertainment of the popular will as
such individual may be disciplined as a expressed through the ballot, would
have merited for them suspension were in unlawful, immoral or deceitful
it not for the fact that this is their first conduct. A member of the Bar must act
administrative transgression and, in the with integrity, honesty and professional
case of Salayon, after a long public decorum. He must comport himself in a
29
service. Under the circumstances, a manner which will secure and preserve
penalty of fine in the amount of respect and confidence of the public.
P10,000.00 for each of the respondents Both his professional and personal
should be sufficient. conduct must be kept beyond reproach
and above suspicion. He is required not
WHEREFORE, the Court finds only in fact to be possessed of good
respondents Antonio M. Llorente and moral character, but must also be
Ligaya P. Salayon GUILTY of perceived to be leading a life in
misconduct and imposes on each of accordance with the highest moral
them a FINE in the amount of standards of the community. His
P10,000.00 with a WARNING that conduct should be characterized by
commission of similar acts will be candor, competence and fairness
dealt with more severely. (Roque v. Clemencio, 212 SCRA 618
[1992]) It bears stressing that a lawyer
SO ORDERED. can do honor to the legal profession by
faithfully performing his duties to
society, to the bar, to the courts and to
his clients. No moral qualification for bar
membership is more important than
truthfulness and candor. (Fellner v. Bar
[A.C. No. 2029. December 7, 1993.] Association of Baltimore City, 131 A. 2d
729 as cited in Tan v. Sabandal, 206
LUIS G. SCRA 473 [1992]). To this end nothing
CONSTANTINO, Complainant, v. should be done by any member of the
ATTY. PRUDENCIO G. legal fraternity which might tend to
SALUDARES, Respondent. lessen in any degree the confidence of
the public in the fidelity, honesty and
integrity of the profession (Lyons v. Hall
SYLLABUS [LQ App] 90 So2d 519, 60 ALR 2d 1003
as cited in Marcelo v. Javier, supra).

1. LEGAL AND JUDICIAL ETHICS; 2. ID.; ID.; UNWARRANTED REFUSAL

ATTORNEYS; CHARACTER AND TO PAY VALID AND JUST DEBT, A
CONDUCT REQUIRED. — A lawyer’s CASE OF. — There is no doubt that
professional and personal conduct must respondent, borrowed P1,000.00 from
at all times be kept beyond reproach and Luis Constantino, Jr. purportedly for an
above suspicion. He must perform his urgent personal need, promising to pay
duties to the Bar, to the courts, to his it back the following day. As a matter of
clients, and to society with honor and fact, the respondent admits said
dignity (Marcelo v. Javier, 214 SCRA 1 indebtedness but has not given any just
[1992]) . . . Rule 1.01 of the Code of and valid reason for his refusal to pay
Professional Responsibility clearly this debt . . . Granting arguendo that he
provides that a lawyer must not engage
failed to meet Luis, Jr. at the appointed complainant’s son constituted dishonest
place of payment, respondent does not and immoral conduct. This dishonest
deny the fact that he has refused and still conduct was compounded by
refuses to repay the P1,000.00 loan respondent’s act of interjecting paltry
despite repeated demands by excuses for his unwarranted refusal to
complainant who was duly authorized to pay a valid and just debt . . . While it is
collect the same. Had respondent true that there was no attorney-client
intended to settle his indebtedness, he relationship between respondent and
could have done so in the several complainant, it is well-settled that an
instances repayment was demanded of attorney may be removed or otherwise
him. It is clear from the records that after disciplined not only for malpractice and
Luis, Jr. left the country, complainant and dishonesty in the profession, but also for
his wife took turns in trying to recover the gross misconduct not connected with
debt from respondent, only to be his professional duties, showing him to
repeatedly turned away empty-handed. be unfit for the office and unworthy of
This prompted Luis, Jr. to write the privileges which his license and the
respondent a letter dated February 3, law confer upon him (Lizaso v. Amante,
1978 reminding the latter of the 198 SCRA 1 [1991]).
P1,000.00 loan extended to him and at
the same time demanding payment 4. ID.; ID.; ID.; CONDUCT REQUIRED
thereof. This however, like the other WHEN INTEGRITY CHALLENGED BY
demands, was left unheeded. The EVIDENCE; EFFECT OF FAILURE TO
foregoing factual antecedents compel OVERCOME EVIDENCE. — It has
Us to conclude that from the very been held that when a lawyer’s integrity
beginning, respondent had no intention is challenged by evidence, it is not
to honor and/or pay his just debt. enough that he denies the charges
against him, he must meet the issues
3. ID.; ID.; ID.; EFFECT. — We cannot and overcome the evidence for the
simply close our eyes to the unwarranted relator and show proof that he still
obstinacy displayed by respondent in maintains the highest degree of morality
evading payment of a debt validly and integrity which is at all times
incurred. Such a conduct, to say the least, expected of him (Quingwa v. Puno, 19
is unbecoming and does not speak well of SCRA 439 [1967]). By his failure to
a member of the Bar . . present convincing evidence to justify
. The facts and evidence obtaining in his non-payment of the debt, not to
this case indubitably establish mention his seeming indifference to the
respondent’s failure to live up to his complaint brought against him made
duties as a lawyer in consonance with apparent by his unreasonable absence
the strictures of the lawyer’s oath, the from the proceedings before the
Code of Professional Responsibility Solicitor General, respondent failed to
and the Canons of Professional Ethics, demonstrate that he still possessed the
thereby degrading not only his person integrity and morality demanded of a
but his profession as well . . . In the member of the Bar.
case at bar, it is clear to the Court that
the conduct of respondent Saludares in RESOLUTION
failing to honor his just debt to
 and still refuses to pay despite repeated
BIDIN, J.: demands. This act, complainant
alleges, constitutes conduct
unbecoming an officer of the court and
In an Affidavit-Complaint dated April 21, is a clear violation of respondent’s oath
1978, complainant Luis G. Constantino of office.
charges respondent Atty. Prudencio S.
Saludares with conduct unbecoming of In compliance with this Court’s
a lawyer for the non-payment of a loan resolution date May 25, 1979,
which the latter obtained from respondent filed his comment on the
complainant’s son Luis Constantino, Jr. affidavit-complaint alleging among
other things that the complaint was
It appears that sometime in August without basis and malicious in nature.
1977, respondent borrowed money in He however, categorically admits
the amount of P1,000.00 from having borrowed money from
complainant’s son Luis, Jr. complainant’s son, Luis, Jr. He reasons
Respondent procured the loan out that he was unable to repay the
purportedly for an urgent personal loan because Luis, Jr. failed to appear
obligation promising to pay it back at the appointed place of payment.
promptly the following day. Respondent further cites the fact of
Luis Jr.’s absence from the country to
Respondent failed to comply with his justify such act of non-payment.
promise. Subsequent demands for
payment were then made by Luis, Jr. Complainant, in his reply, challenged
but to no avail. the veracity of respondent’s contentions
and reiterated his previous allegation of
In the interim, Luis, Jr. left the country respondent’s unjustified refusal to settle
and afterwards wrote his father, his indebtedness despite repeated
authorizing the latter to collect the sum of demands.
money owed by Respondent. Despite
complainant’s repeated demands On October 15, 1979, the case was duly
however, respondent persistently refused referred to the Office of the Solicitor
to pay back the said amount, prompting General for investigation, report and
the former to seek assistance from the recommendation pursuant to Section 3
Civil Relations Office of the Armed of Rule 139 of the Rules of Court and
Forces of the Philippines (AFP) through was assigned to the office of Solicitor
an affidavit-complaint. The Civil Relations Jesus G. Bersamira. After the
Office in turn endorsed the affidavit- investigation conducted by the said
complaint to this Court on April 24, 1978. Solicitor, wherein respondent failed to
(Rollo, p. 4) appear despite due notice, the case was
deemed submitted for report and
The complaint alleges that respondent recommendation. Solicitor Bersamira,
lawyer, by abusing the trust and however, was appointed to the Bench
confidence of complainant’s son, was and no report nor recommendation was
able to obtain a loan in the amount of made by him. On November 8, 1984 the
P1,000.00 which he unjustifiably refused case was re-assigned to another
Solicitor. It has been held that when a lawyer’s
integrity is challenged by evidence, it is
On March 12, 1990, the not enough that he denied the charges
Solicitor General rendered its against him, he must meet the issues
report, the dispositive portion of and overcome the evidence for the
which reads: relator and show proof that he still
maintains the highest degree of morality
"WHEREFORE, it is respectfully and integrity which is at all times
recommended that Atty. Prudencio S. expected of him (Quingwa v. Puno, 19
Saludares be charged with violation of SCRA 439 [1967]).
Section 27, Rule 138 of the Rules of
Court of Philippines and his Lawyer’s By his failure to present convincing
Oath and that he be suspended for 1 evidence to justify his non-payment of
year from the practice of law. the debt, not to mention his seeming
indifference to the complaint brought
against him made apparent by his
Attached is a copy of the complaint unreasonable absence from the
for suspension." proceedings before the Solicitor
General, respondent failed to
(Solicitor General’s Report demonstrate that he still possessed
and Recommendation, p.3) the integrity and morality demanded of
a member of the Bar.
The Solicitor General found that
respondent’s unjustified refusal to settle
his debt was apparent from the Granting arguendo that he failed to
averments in the affidavit-complaint meet Luis, Jr. at the appointed place of
and this fact was sufficiently payment, respondent does not deny the
established during the proceedings fact that he has refused and still refuses
before the investigating Solicitor. The to repay the P1,000.00 loan despite
Solicitor General further adds that repeated demands by complainant who
respondent’s refusal to pay the debt was duly authorized to collect the same.
constitutes a violation of his lawyer’s Had respondent intended to settle his
oath under Section 27 of Rule 138 of indebtedness, he could have done so in
the Rules of Court, and is therefore a the several instances repayment was
proper subject for disciplinary action. demanded of him.

There is no doubt that respondent, It is clear from the records that after
borrowed P1,000.00 from Luis Luis, Jr. left the country, complainant
Constantino, Jr. purportedly for an and his wife took turns in trying to
urgent personal need, promising to pay recover the debt from respondent, only
it back the following day. As a matter of to be repeatedly turned away empty-
fact, the respondent admits said handed. This prompted Luis, Jr. to write
indebtedness but has not given any just respondent a letter dated February 3,
and valid reason for his refusal to pay 1978 reminding the latter of the
this debt. P1,000.00 loan extended to him and
at the same time demanding payment
thereof. (Rollo, p. 19) This however, like highest moral standards of the
the other demands, was left unheeded. community. His conduct should be
characterized by candor, competence
The foregoing factual antecedents and fairness (Roque v. Clemencio,
compel Us to conclude that from the 212 SCRA 618 [1992])
very beginning, respondent had no
intention to honor and/or pay his just It bears stressing that a lawyer can do
debt. We cannot simply close our eyes honor to the legal profession by faithfully
to the unwarranted obstinacy displayed performing his duties to society, to the
by respondent in evading payment of a bar, to the courts and to his clients. No
debt validly incurred. Such a conduct, to moral qualification for bar membership
say the least, is unbecoming and does is more important than truthfulness and
not speak well of a member of the Bar. candor. (Fellner v. Bar Association of
A lawyer’s professional and personal Baltimore City, 131 A. 2d 729 as cited in
conduct must at all times be kept Tan v. Sabandal, 206 SCRA 473
beyond reproach and above suspicion. [1992]). To this end nothing should be
He must perform his duties to the Bar, done by any member of the legal
to the courts, to his clients, and to fraternity which might tend to lessen in
society with honor and dignity (Marcelo any degree the confidence of the public
v. Javier, 214 SCRA 1 [1992]). in the fidelity, honesty and integrity of
the profession (Lyons v. Hall [LQ App]
The facts and evidence obtaining in this 90 So2d 519, 60 ALR 2d 1003 as cited
case indubitably establish respondent’s in Marcelo v. Javier, supra).
failure to live up to his duties as a
lawyer in consonance with the strictures While it is true that there was no
of the lawyer’s oath, the Code of attorney-client relationship between
Professional Responsibility and the respondent and complainant, it is well-
Canons of Professional Ethics, thereby settled that an attorney may be removed
degrading not only his person but his or otherwise disciplined not only for
profession as well. malpractice and dishonesty in the
profession, but also for gross
Rule 1.01 of the Code of Professional misconduct not connected with his
Responsibility clearly provides that a professional duties, showing him to be
lawyer must not engage in unlawful, unfit for the office and unworthy of the
immoral or deceitful conduct. A member privileges which his license and the law
of the Bar must act with integrity, confer upon him (Lizaso v. Amante, 198
honesty and professional decorum. He SCRA 1 [1991]).
must comport himself in a manner which
will secure and preserve respect and In the case at bar, it is clear to the Court
confidence of the public. Both his that the conduct of respondent
professional and personal conduct must Saludares in failing to honor his just
be kept beyond reproach and above debt to complainant’s son constituted
suspicion. He is required not only in fact dishonest and immoral conduct. This
to be possessed of good moral dishonest conduct was compounded by
character, but must also be perceived to respondent’s act of interjecting paltry
be leading a life in accordance with the excuses for his unwarranted refusal to
pay a valid and just debt. parties and signatories thereto when
in truth and in fact, all three were
already dead prior to the execution of
WHEREFORE, the Court hereby the said Deed of Absolute Sale.
ORDERS the Suspension of Attorney Jesus T. Bonilla died on August 22,
2
Prudencio S. Saludares from the 1992 while Leonardo P. Toledano
3
practice of law for a period of three (3) died on November 1, 1992. Edelina
months from notice, with the warning T. Bonilla allegedly died on or about
that a repetition of the same or any June 11, 1992.
other misconduct will be dealt with more
severely. Let a copy of this resolution In answer, respondent admitted
be spread on the records of said having notarized the Deed of
respondent, with copies thereof Absolute Sale. But before affixing his
furnished to the Integrated Bar of the notarial seal, he first ascertained the
Philippines and duly circularized to all authenticity of the signatures,
courts. verified the identities of the
signatories, and determined the
SO ORDERED. voluntariness of its execution.
Satisfied with all of the above, it was
only then that he certified the
document.

Curiously, on September 9, 1996,

complainant had a complete turn-
[A.C. No. 4369. November 28, 1997] around and moved for the
dismissal of his complaint. He
PIKE P. alleged that the instant case is only
ARRIETA, Complainant, v. ATTY. a product of misunderstanding and
JOEL A. LLOSA, Respondent. misinterpretation of some facts and
is now convinced that everything is
RESOLUTION in order.

ROMERO, J.: The designated Investigating

Commissioner of the Integrated Bar
Complainant Pike P. Arrieta prays of the Philippines recommended the
for the disbarment of Atty. Joel A. dismissal of the instant case. The
Llosa for certifying under oath a Board of Governors of the Integrated
Deed of Absolute Sale. Bar of the Philippines adopted the
above recommendation and
Particularly, complainant avers that resolved to dismiss the instant case
respondent notarized a Deed of after finding no compelling reason to
Absolute Sale dated March 24, continue with the disbarment
1 proceedings.
1993 making it appear that some
of the vendors in said Deed namely,
Edelina T. Bonilla, Jesus T. Bonilla This Court cannot agree.
and Leonardo P. Toledano were
Sec. 1 of Public Act No. voluntarily executed the Deed of
2103 provides: Absolute Sale. In order to ascertain
their identities, respondent asked for
(a) The acknowledgment shall be their respective residence
made before a notary public or an certificates.
officer duly authorized by law of the
country to take acknowledgment of Except for Edelina T. Bonilla whose
instruments or documents in the alleged death was not evidenced by
place where the act is done. The a death certificate, respondent
notary public or the officer taking the certified in the acknowledgment that
acknowledgment shall certify that the Jesus T. Bonilla and Leonardo P.
person acknowledging the Toledano personally appeared before
instrument or document is known to him. Respondents acts require the
him and that he is the same person presence of the vendors to be able to
who executed it, and acknowledged verify the authenticity of their
that the same is his free act and signatures, the identities of the
deed. The certificate shall be made signatories and the voluntariness of
under his official seal, if he is by law the execution of the Deed. It defies
required to keep a seal, and if not, his imagination and belief how these
certificate shall so state. could have happened. It would have
been impossible, both physically and
It is thus clear from the foregoing legally, for Jesus T. Bonilla and
that the party acknowledging must Leonardo P. Toledano to have
appear before the notary public or personally subscribed and sworn
any person authorized to take before respondent as to the
acknowledgment of instruments or authenticity and validity of the Deed
4 of Sale as they had already passed
documents. Aside from being
required to appear before the Notary on to the Great Beyond prior to the
Public, it is similarly incumbent upon execution of the said documents.
the person acknowledging the
instrument to declare before the Yet, respondent certified to this
same Notary Public that the effect. By affixing his notarial seal
execution of the instrument was on the instrument, he converted the
done by him of his own free will. Deed of Absolute Sale, from being a
private document into a public
In the Acknowledgment of the Deed of document. By certifying the Deed,
Sale, respondent certified: BEFORE respondent, in effect, proclaimed to
ME, this 24th day of March, 1993 at the world (1) that all the parties
Dumaguete City, Philippines, therein personally appeared before
personally appeared x x x Jesus him; (2) that they are all personally
Bonilla; x x x Leonardo Toledano; x x known to him; (3) that they were the
5 same persons who executed the
x. Respondent claims that as a
Notary Public, he asked the instruments; (4) that he inquired into
signatories whether the signatures the voluntariness of execution of the
appearing above their respective instrument; and (5) they
names were theirs, and whether they acknowledged personally before him
that they voluntarily and That he is now fully convinced that
freely executed the same. everything was in order, and that
nobody was ever prejudiced by
Notarization is not an empty, the acts of the respondent. Herein
meaningless, routinary act. On the complainant has realized that he
contrary, it is invested with himself, or any other legal
substantial public interest, such that practitioner, would have done
only those who are qualified or similarly as the respondent, if
authorized may act as notaries confronted with such an urgent
public. Notarization of a private voluntary transaction in an
document converts the document emergency situation; x x x.
into a public one making it
admissible in court without further That respondent acted the way he did
6
proof of its authenticity. A notarial because he was confronted with an
document is by law entitled to full alleged urgent situation is no excuse
faith and credit upon its face and, for at all. As an individual, and even
this reason, notaries public must more so as a member of the legal
observe with the utmost care the profession, he is required to obey the
basic requirements in the laws of the land AT ALL TIMES, to
performance of their duties. refrain from engaging in unlawful,
Otherwise, the confidence of the dishonest, immoral or deceitful
public in the integrity of this form of conduct AT ALL TIMES, to uphold
conveyance would be the integrity of his profession AT ALL
7 TIMES, to promote respect to his
undermined. chanroblesvirtuallawlibr
ary profession AT ALL TIMES, and to act
with justice AT ALL TIMES.
As a lawyer commissioned to be a
notary public, respondent is It is dismaying to note how
mandated to discharge his sacred respondent so cavalierly disregarded
duties which are dictated by public the requirements and solemnities of
policy and, as such, impressed with the Notarial Law simply to
public interest. Faithful observance accomodate his clients. Not only did
and utmost respect of the legal he commit an illegal act but also did
solemnity of an oath in an so without thinking of the possible
acknowledgment or jurat is damage or prejudice that might result
sacrosanct.
8 from non-observance of the same.

It is for the above reason that this As a lawyer, respondent breached

Court is most concerned about the his professional responsibility by
explanation given by complainant certifying under oath an instrument
for withdrawing his complaint fully knowing that some of the
against respondent. In his Motion to signatories thereto were long dead.
Dismiss dated September 9, 1996, This Court cannot countenance this
complainant declares: practice, especially coming, as it
does, from respondent who formerly
xxx xxx xxx served as president of the Integrated
Bar of the Philippines-Negros misconduct of a lawyer in
Oriental Chapter, President of the his professional or private
Dumaguete Lions Club and City 13
capacity.
Councilor of Dumaguete. If indeed
respondent had taken steps to Respondents act of certifying
verify the identities of the under oath a Deed of Absolute Sale
signatories, he would have easily knowing that some of the vendors
known that the signatures were fake were already dead, they being his
as they purported to be those of his former clients, constitutes
former clients. misconduct. But this being his first
administrative offense, such should
It is worth stressing that the not warrant the supreme penalty of
practice of law is not a right but a disbarment.
privilege bestowed by the State on
those who show that they possess, ACCORDINGLY, this Court finds
and continue to possess, the respondent Atty. Joel A. Llosa guilty
qualifications required by law for of misconduct. Consequently, he is
the conferment of such ordered SUSPENDED from the
9
privilege. [M]embership in the bar is practice of law for six (6) months
a privilege burdened with conditions. effective immediately, with a warning
There being no lifetime guaranty, a that another infraction would be
lawyer has the privilege and right to dealt with more severely.
practice law only during good
behavior and can be deprived of it for Let copies of this Resolution be
misconduct ascertained and declared furnished all the courts of the land
by judgment of the court after as well as the Integrated Bar of the
opportunity to be heard has been Philippines, the Office of the Bar
afforded Confidant and recorded in the
10
him. chanroblesvirtuallawlibrary personal files of respondent himself.

Pursuant to the foregoing, it is SO ORDERED.

primarily required of lawyers to obey
the Constitution and laws of the
11
land. They must refrain from
engaging in unlawful, dishonest,
immoral or deceitful
12
conduct. chanroblesvirtuallawlibrary

An attorney may be disbarred or

suspended for any violation of his
oath or of his duties as an attorney A.C. No. 6792 January 25,
and counsellor, which include 2006
statutory grounds enumerated in
Section 27, Rule 138 of the Rules of ROBERTO SORIANO, Complainant,
Court, all of these being broad vs.
enough to cover practically any Atty. MANUEL DIZON, Respondent.
 DECISION conviction of the latter for
7
frustrated homicide, which
PER CURIAM: involved moral turpitude, should
result in his disbarment.
1
Before us is a Complaint-Affidavit for
the disbarment of Atty. Manuel Dizon, The facts leading to respondent’s
filed by Roberto Soriano with the conviction were summarized by Branch
Commission on Bar Discipine (CBD) of 60 of the Regional Trial Court of Baguio
the Integrated Bar of the Philippines City in this wise:
(IBP). Complainant alleges that the
conviction of respondent for a crime "x x x. The accused was driving his brown
involving moral turpitude, together with Toyota Corolla and was on his way home
the circumstances surrounding the after gassing up in preparation for his trip
conviction, violates Canon 1 of Rule to Concepcion, Tarlac with his wife. Along
1.01 of the Code of Professional Abanao Street, a taxi driver overtook the
2
Responsibility; and constitutes car driven by the accused not knowing
sufficient ground for his disbarment that the driver of the car he had overtaken
under Section 27 of Rule 138 of the is not just someone, but a lawyer and a
3 prominent member of the Baguio
Rules of Court.
community who was under the influence
Because of the failure of Atty. Dizon to of liquor. Incensed, the accused tailed the
submit his Answer to the Complaint, taxi driver until the latter stopped to make
the CBD issued a Notice dated May 20, a turn at [the] Chugum and Carino
2004, informing him that he was in Streets. The accused also stopped his
default, and that an ex-parte hearing car, berated the taxi driver and held him
had been scheduled for June 11, by his shirt. To stop the aggression, the
4
2004. After that hearing, complainant taxi driver forced open his door causing
manifested that he was submitting the the accused to fall to the ground. The taxi
case on the basis of the Complaint driver knew that the accused had been
5
and its attachments. Accordingly, the drinking because he smelled of liquor.
CBD directed him to file his Position Taking pity on the accused who looked
Paper, which he did on July 27, elderly, the taxi driver got out of his car to
6
2004. Afterwards, the case was help him get up. But the accused, by now
deemed submitted for resolution. enraged, stood up immediately and was
about to deal the taxi driver a fist blow
On December 6, 2004, Commissioner when the latter boxed him on the chest
Teresita J. Herbosa rendered her Report instead. The accused fell down a second
and Recommendation, which was later time, got up again and was about to box
adopted and approved by the IBP Board the taxi driver but the latter caught his fist
of Governors in its Resolution No. XVI- and turned his arm around. The taxi
2005-84 dated March 12, 2005. driver held on to the accused until he
could be pacified and then released him.
In his Complaint-Affidavit, Soriano The accused went back to his car and got
alleged that respondent had violated his revolver making sure that the handle
Canon 1, Rule 1.01 of the Code of
Professional Responsibility; and that the
was wrapped in a handkerchief. The taxi undertaking, even appealed the civil
driver was on his way back to his 11
liability to the Court of Appeals.
vehicle when he noticed the eyeglasses
of the accused on the ground. He In her Report and Recommendation,
picked them up intending to return them Commissioner Herbosa recommended
to the accused. But as he was handing that respondent be disbarred from the
the same to the accused, he was met by practice of law for having been
the barrel of the gun held by the convicted of a crime involving moral
accused who fired and shot him hitting turpitude.
him on the neck. He fell on the thigh of
the accused so the latter pushed him The commissioner found that
out and sped off. The incident was respondent had not only been convicted
witnessed by Antonio Billanes whose of such crime, but that the latter also
testimony corroborated that of the taxi exhibited an obvious lack of good moral
driver, the complainant in this case, character, based on the following facts:
8
Roberto Soriano."
"1. He was under the influence
It was the prosecution witness, Antonio of liquor while driving his car;
Billanes, who came to the aid of
Soriano and brought the latter to the "2. He reacted violently and
hospital. Because the bullet had attempted to assault Complainant
lacerated the carotid artery on the left only because the latter, driving a
9 taxi, had overtaken him;
side of his neck, complainant would
have surely died of hemorrhage if he
had not received timely medical "3. Complainant having been able
assistance, according to the attending to ward off his attempted assault,
surgeon, Dr. Francisco Hernandez, Jr. Respondent went back to his car,
Soriano sustained a spinal cord injury, got a gun, wrapped the same
which caused paralysis on the left part with a handkerchief and shot
of his body and disabled him for his job Complainant[,] who was
as a taxi driver. unarmed;

The trial court promulgated its "4. When Complainant fell on

Decision dated November 29, 2001. him, Respondent simply pushed
On January 18, 2002, respondent filed him out and fled;
an application for probation, which was
granted by the court on several "5. Despite positive
conditions. These included satisfaction identification and overwhelming
of "the civil liabilities imposed by [the] evidence, Respondent denied
court in favor of the offended party, that he had shot Complainant;
10
Roberto Soriano."
"6. Apart from [his] denial,
According to the unrefuted statements Respondent also lied when he
of complainant, Atty. Dizon, who has yet claimed that he was the one
to comply with this particular mauled by Complainant and
two unidentified persons; and,
 "7. Although he has been placed The question of whether the crime of
on probation, Respondent has[,] homicide involves moral turpitude has
to date[,] not yet satisfied his been discussed in International Rice
12 15
civil liabilities to Complainant." Research Institute (IRRI) v. NLRC, a
labor case concerning an employee who
On July 8, 2005, the Supreme Court was dismissed on the basis of his
received for its final action the IBP conviction for homicide. Considering the
Resolution adopting the Report and particular circumstances surrounding
Recommendation of the the commission of the crime, this Court
Investigating Commissioner. rejected the employer’s contention and
held that homicide in that case did not
We agree with the findings and involve moral turpitude. (If it did, the
recommendations of Commissioner crime would have been violative of the
Herbosa, as approved and adopted IRRI’s Employment Policy Regulations
by the IBP Board of Governors. and indeed a ground for dismissal.) The
Court explained that, having
Under Section 27 of Rule 138 of the disregarded the attendant
Rules of Court, conviction for a crime circumstances, the employer made a
involving moral turpitude is a ground for pronouncement that was precipitate.
disbarment or suspension. By such Furthermore, it was not for the latter to
conviction, a lawyer is deemed to have determine conclusively whether a crime
become unfit to uphold the involved moral turpitude. That discretion
administration of justice and to be no belonged to the courts, as explained
longer possessed of good moral thus:
13
character. In the instant case,
respondent has been found guilty; and "x x x. Homicide may or may not
he stands convicted, by final judgment, involve moral turpitude depending on
of frustrated homicide. Since his the degree of the crime. Moral turpitude
conviction has already been established is not involved in every criminal act and
and is no longer open to question, the is not shown by every known and
only issues that remain to be intentional violation of statute,
determined are as follows: 1) whether but whether any particular conviction
his crime of frustrated homicide involves moral turpitude may be a
involves moral turpitude, and 2) question of fact and frequently depends
whether his guilt warrants disbarment. on all the surrounding circumstances. x
16
x x." (Emphasis supplied)
Moral turpitude has been defined as
"everything which is done contrary to In the IRRI case, in which the crime of
justice, modesty, or good morals; an act homicide did not involve moral turpitude,
of baseness, vileness or depravity in the Court appreciated the presence of
the private and social duties which a incomplete self-defense and total
man owes his fellowmen, or to society absence of aggravating circumstances.
in general, contrary to justice, honesty, For a better understanding of that
14
modesty, or good morals." Decision, the circumstances of the
crime are quoted as follows:
"x x x. The facts on record show that already over, the unarmed complainant
Micosa [the IRRI employee] was then was merely returning the eyeglasses of
urinating and had his back turned when Atty. Dizon when the latter
the victim drove his fist unto Micosa's unexpectedly shot him. To make
face; that the victim then forcibly rubbed matters worse, respondent wrapped the
Micosa's face into the filthy urinal; that handle of his gun with a handkerchief
Micosa pleaded to the victim to stop the so as not to leave fingerprints. In so
attack but was ignored and that it was doing, he betrayed his sly intention to
while Micosa was in that position that he escape punishment for his crime.
drew a fan knife from the left pocket of
his shirt and desperately swung it at the The totality of the facts unmistakably
victim who released his hold on Micosa bears the earmarks of moral turpitude.
only after the latter had stabbed him By his conduct, respondent revealed his
several times. These facts show that extreme arrogance and feeling of self-
Micosa's intention was not to slay the importance. As it were, he acted like a
victim but only to defend his person. god on the road, who deserved to be
The appreciation in his favor of the venerated and never to be slighted.
mitigating circumstances of self-defense Clearly, his inordinate reaction to a
and voluntary surrender, plus the total simple traffic incident reflected poorly on
absence of any aggravating his fitness to be a member of the legal
circumstance demonstrate that Micosa's profession. His overreaction also
character and intentions were not evinced vindictiveness, which was
17 definitely an undesirable trait in any
inherently vile, immoral or unjust."
individual, more so in a lawyer. In the
The present case is totally different. As tenacity with which he pursued
the IBP correctly found, the complainant, we see not the persistence
circumstances clearly evince the moral of a person who has been grievously
turpitude of respondent and his wronged, but the obstinacy of one trying
unworthiness to practice law. to assert a false sense of superiority
and to exact revenge.
Atty. Dizon was definitely the aggressor,
as he pursued and shot complainant It is also glaringly clear that respondent
when the latter least expected it. The seriously transgressed Canon 1 of the
act of aggression shown by respondent Code of Professional Responsibility
will not be mitigated by the fact that he through his illegal possession of an
18
was hit once and his arm twisted by unlicensed firearm and his unjust
19
complainant. Under the circumstances, refusal to satisfy his civil liabilities. He
those were reasonable actions clearly has thus brazenly violated the law and
intended to fend off the lawyer’s assault. disobeyed the lawful orders of the
courts. We remind him that, both in his
20
We also consider the trial court’s finding attorney’s oath and in the Code of
of treachery as a further indication of the Professional Responsibility, he bound
skewed morals of respondent. He shot himself to "obey the laws of the land."
the victim when the latter was not in a
position to defend himself. In fact, under All told, Atty. Dizon has shown through
the impression that the assault was this incident that he is wanting in even a
basic sense of justice. He obtained the making it appear that it was
benevolence of the trial court when it complainant’s family that had sought
suspended his sentence and granted a conference with him to obtain his
him probation. And yet, it has been four 26
referral to a neurosurgeon.
21
years since he was ordered to settle
his civil liabilities to complainant. To The lies of Atty Dizon did not end there.
date, respondent remains adamant in He went on to fabricate an entirely
refusing to fulfill that obligation. By his implausible story of having been mauled
extreme impetuosity and intolerance, as by complainant and two other
27
shown by his violent reaction to a simple persons. The trial court had this to say:
traffic altercation, he has taken away the
earning capacity, good health, and "The physical evidence as testified to by
youthful vigor of his victim. Still, Atty. no less than three (3) doctors who
Dizon begrudges complainant the examined [Atty. Dizon] does not support
measly amount that could never even his allegation that three people
fully restore what the latter has lost. including the complainant helped each
other in kicking and boxing him. The
Conviction for a crime involving moral injuries he sustained were so minor that
turpitude may relate, not to the exercise it is improbable[,] if not downright
of the profession of lawyers, but unbelievable[,] that three people who he
certainly to their good moral said were bent on beating him to death
22
character. Where their misconduct could do so little damage. On the
outside of their professional dealings is contrary, his injuries sustain the
so gross as to show them morally unfit complainant’s version of the incident
for their office and unworthy of the particularly when he said that he boxed
privileges conferred upon them by their 28
the accused on the chest. x x x."
license and the law, the court may be
justified in suspending or removing them Lawyers must be ministers of truth. No
23
from that office. moral qualification for bar membership
is more important than
We also adopt the IBP’s finding that 29
truthfulness. The rigorous ethics of the
respondent displayed an utter lack of profession places a premium on honesty
good moral character, which is an and condemns duplicitous
essential qualification for the privilege to 30
behavior. Hence, lawyers must not
enter into the practice of law. Good mislead the court or allow it to be misled
moral character includes at least by any artifice. In all their dealings, they
24
common honesty. are expected to act in good faith.

In the case at bar, respondent The actions of respondent erode rather

consistently displayed dishonest and than enhance public perception of the
duplicitous behavior. As found by the legal profession. They constitute moral
trial court, he had sought, with the aid of turpitude for which he should be
Vice-Mayor Daniel Fariñas, an out-of- disbarred. "Law is a noble profession,
court settlement with complainant’s
25 and the privilege to practice it is
family. But when this effort failed, bestowed only upon individuals who are
respondent concocted a complete lie by competent intellectually, academically
and, equally important, morally. We stress that membership in the
Because they are vanguards of the law legal profession is a privilege
and the legal system, lawyers must at demanding a high degree of good
all times conduct themselves, especially moral character, not only as a
in their dealings with their clients and condition precedent to admission, but
the public at large, with honesty and also as a continuing requirement for
integrity in a manner beyond the practice of law. Sadly, herein
31 respondent has fallen short of the
reproach."
exacting standards expected of him as
The foregoing abhorrent acts of a vanguard of the legal profession.
respondent are not merely
dishonorable; they reveal a basic moral In sum, when lawyers are convicted of
flaw. Considering the depravity of the frustrated homicide, the attending
offense he committed, we find the circumstances – not the mere fact of
penalty recommended by the IBP their conviction – would demonstrate
proper and commensurate. their fitness to remain in the legal
profession. In the present case, the
The purpose of a proceeding for appalling vindictiveness, treachery, and
disbarment is to protect the brazen dishonesty of respondent
administration of justice by requiring that clearly show his unworthiness to
those who exercise this important continue as a member of the bar.
function be competent, honorable and
reliable -- lawyers in whom courts and WHEREFORE, RESPONDENT
32
clients may repose confidence. Thus, MANUEL DIZON is
whenever a clear case of degenerate hereby DISBARRED, and his name is
and vile behavior disturbs that vital yet ORDERED STRICKEN from the Roll of
fragile confidence, we shall not hesitate Attorneys. Let a copy of this Decision
to rid our profession of odious members. be entered in his record as a member of
the Bar; and let notice of the same be
We remain aware that the power to served on the Integrated Bar of the
disbar must be exercised with great Philippines, and on the Office of the
caution, and that disbarment should Court Administrator for circulation to all
never be decreed when any lesser courts in the country.
penalty would accomplish the end
desired. In the instant case, however, the SO ORDERED.
Court cannot extend that munificence to
respondent. His actions so despicably
and wantonly disregarded his duties to
society and his profession. We are
convinced that meting out a lesser
penalty would be irreconcilable with our
lofty aspiration for the legal profession --
that every lawyer be a shining exemplar [A.C. NO. 4515 : July 14, 2008]
of truth and justice.
CECILIA A.
AGNO, Complainant, v. Atty.
 MARCIANO J. However, during the pendency of the
CAGATAN, Respondent. aforementioned appeal with the Office
of the President, particularly on August
DECISION 9, 1992, the respondent entered into a
4
Memorandum of Agreement with a
LEONARDO-DE CASTRO, J.: United Arab Emirates (U.A.E.) national,
5
Mr. Khalifa H. Juma, the husband of
This is a complaint for disbarment filed
herein complainant, Cecilia A. Agno.
by Cecilia A. Agno against respondent The Memorandum of Agreement is
Atty. Marciano J. Cagatan for violation quoted in toto hereunder:
of the Code of Professional
Responsibility.
MEMORANDUM OF AGREEMENT
The record shows that respondent was
the President of International Services
Recruitment Corporation (ISRC), a KNOW ALL MEN BY THESE
corporation engaged in the recruitment PRESENTS:
of Filipino workers for overseas
employment. On July 12, 1988, ISRC's
recruitment license was cancelled by the That the undersigned, Mr. JOMA
Department of Labor and Employment
(DOLE) for violation of labor law HUMED KHALIFA, U.A.E. national, and
provisions and subsequently, on August Mr. MARCIANO J. CAGATAN, Filipino
9, 1988, ISRC was forever banned from
1 citizen, have entered into this
participating in overseas recruitment.
On Sepetember 19, 1988, the Memorandum of Agreement this 9th
respondent appealed the DOLE's
day of August 1992, at Manila,
cancellation of ISRC's license with the
Office of the President. The appeal was Philippines, concerning the joint
resolved by the said office in
respondent's favor in the Resolution ownership and operation of
2
dated March 30, 1993 which set aside
INTERNATIONAL SERVICING AND
the order of cancellation and directed
both the DOLE and the Philippine RECRUITMENT CORPORATION
Overseas Employment Agency (POEA)
to renew the recruitment license of (ISRC) and have mutually agreed, in
ISRC subject to the payment of a
guarantee bond which was double the connection therewith, as follows:
amount required by law.
1. That ISRC shall be jointly owned by
Since ISRC's recruitment license had
already expired on September 17, the herein parties on a 50-50 basis
1989, ISRC filed on April 12, 1994, an
application for renewal of its recruitment and accordingly, immediate steps shall
3
license with the POEA. be taken to submit the necessary
documents to the Securities and to be used to have the license of ISRC
Exchange Commission to legalize the reinstated;
arrangement and to cause the issuance
(b) Upon the release of the license, to
of the corresponding certificate of stocks
pay the additional amount of TWO
to Mr. Khalifa and his group;
HUNDRED FIFTY THOUSAND PESOS
2. That likewise, the sharing of the profits (P250,000.00) to start the business
shall be on an equal basis (50-50) after operations of the corporation and to
deducting all the pertinent expenses that liquidate pending government and other
the officers of the corporation shall be: obligations, if any;
Chairman of the Board of Directors - Mr.
4. The management of the corporation
JOMA HUMED KHALIFA, President and
shall be handled by Mr. KHALIFA and
General Manager, Mr. MARCIANO J.
his group while the legal and
CAGATAN or his designated
government liaisonship shall be the
representative, Treasurer, Ms. Cecilia
responsibility of Mr. CAGATAN; mutual
Agno all of whom shall be members of
consideration with each other in the
the Board of Trustees together with two
course of the business operations shall
others;
be maintained in order to avoid

3. That for and in consideration of the problem with the government, the

above joint ownership of the workers and the employers;

corporation, Mr. KHALIFA undertakes

5. There shall be a regular accounting of
as his contribution to the stock
the business every month, with the
ownership thereof, the following:
assistance of a qualified accountant and

(a) To pay the amount of TWO each of the herein parties shall be

HUNDRED FIFTY THOUSAND PESOS furnished copy thereof; the share of the

(P250,000.00) initially on or parties may be released to each of them

before AUGUST 25, 1992, said amount as often as the parties agree, however,
 POEA that the respondent failed to
advances against the share of each comply with the terms of the
may be agreed upon by the parties; Memorandum of Agreement. The
complainant found out that the said
Memorandum of Agreement could not
6. Any claim of workers or other parties be validated without the approval of the
Board of Directors of ISRC. While
against the ISRC before the signing of respondent even had the complainant
this agreement shall be the sole sign an affidavit stating that she was
then the acting Treasurer of ISRC, her
responsibility of Mr. CAGATAN and Mr. appointment as Treasurer was not
submitted to the SEC. The records of
KHALIFA or his 50% ownership shall be the SEC showed that the Board of
Directors, officers and stockholders of
free from such claims.
ISRC remained unchanged and her
name and that of her husband did not
Manila, August 9, 1992. appear as officers and/or stockholders
thereof. From the POEA, on the other
hand, the complainant learned that
JOMA HUMED KHALIFA : ISRC's recruitment license was yet to
MARCIANO J. CAGATAN be reinstated.

The complainant claimed that

CECILIA AGNO respondent used for his own personal
benefit the P500,000.00 that she and
her husband invested in ISRC. When
WITNESSES: she demanded that respondent return
the said sum of money, respondent
_______________ : issued a bank check dated March 30,
7
1994 in favor of the complainant in the
_________________ amount of P500,000.00 which was
dishonored for being drawn against a
On December 26, 1995, which was closed account. Despite repeated
more than three (3) years after the demands by complainant, the
execution of the aforesaid agreement, a
6 respondent failed to settle his obligation
Complaint-Affidavit for disbarment was or redeem his dishonored check,
filed with this Court by the complainant prompting the complainant to file a case
against the respondent claiming that the for violation of Batas Pambansa Blg. 22
latter used fraud, deceit and against the respondent. An information
misrepresentation, in enticing her was filed before the Municipal Trial
husband, Khalifa, to join ISRC and Court of Cainta, Rizal, charging the
invest therein the amount respondent with the said offense and a
of P500,000.00 and that although the warrant of arrest was issued against
respondent received the aforesaid respondent after the latter failed several
amount, the complainant learned from times to attend his arraignment. The
her inquiries with the Securities and complainant prayed for the disbarment
Exchange Commission (SEC) and the of the respondent for issuing a bouncing
check and for his act of dishonesty in appeal would be decided adversely
assuring her and her husband that the against ISRC. Conversely, the check
Memorandum of Agreement would would be returned to respondent if the
suffice to install them as stockholders appeal is resolved in favor of ISRC. The
and officers of ISRC which induced respondent denied employing fraud or
them to invest in said corporation the misrepresentation since allegedly,
amount of P500,000.00. Khalifa and the complainant decided to
buy his shares after being told, upon
8 inquiry in Malacanang, that ISRC had a
In his Comment, respondent denied the
charges against him and averred that good case. The respondent averred
while ISRC's recruitment license was that complainant was motivated by bad
cancelled by the DOLE in 1988, such faith and malice in allegedly fabricating
cancellation was lifted by the Office of the criminal charges against him instead of
President on March 30, 1993, on appeal. seeking rescission of the Deed of
During the pendency of the said appeal, Assignment and refund of the
he and complainant's husband Khalifa consideration for the sale of the shares
entered into a Memorandum of of stock. The respondent surmised that
Agreement because the latter offered to they decided not to proceed with the
buy shares of stock of ISRC in order to Memorandum of Agreement when
finance the then pending appeal for the complainant had secured her own
reinstatement of the ISRC license and for license after she had received the Deed
Khalifa and the complainant to undertake of Assignment and assumed the
the full management and operation of the position of acting treasurer of the ISRC.
corporation. The respondent further The respondent justified the non-
alleged that Khalifa H. Juma, through the submission of copies of the
complainant, paid on various dates the Memorandum of Agreement, Deed of
total amount Assignment and complainant's
of P500,000.00, which respondent appointment as Acting Treasurer with
claimed he used to reimburse borrowed the SEC because of the cancellation of
sums of money to pursue the appeal ISRC's license to recruit and the
with the Office of the President. pendency of the appeal for
According to the respondent, while there reinstatement since 1989. Aside from a
were still legal procedures to be copy of the Deed of Assignment in favor
observed before the sale of shares of of the complainant and her husband
ISRC to non-stockholders, Khalifa and Khalifa regarding the five hundred
complainant were in a hurry to start the shares of stock, respondent also
business operation of ISRC. presented in support of his allegations
10
Consequently, respondent sold and copies of 1) his Letter dated April 12,
assigned his own shareholdings in ISRC 1994 to the POEA requesting the
for P500,000.00 to Khalifa as evidenced renewal of ISRC's license, and 2) a
9 11
by a Deed of Assignment dated April Letter dated May 24, 1994 from the
26, 1993. The respondent, in turn, Licensing and Regulation Office of the
issued a check in the amount POEA requiring him: (1) to submit an
of P500,000.00, which was not intended escrow agreement with a reputable
to be encashed but only to guarantee commercial banking corporation in the
the reimbursement of the money to amount of P400,000.00 to answer for
Khalifa and the complainant in case the
any valid and legal claim of recruited regarding the assignment of shares in
workers; cash bond deposit favor of the complainant and her
of P200,000.00; and surety bond husband. Respondent presented a
of P100,000.00; and (2) to clear Deed of Assignment of shares of stock
ISRC's pending cases with said in favor of the complainant and her
agency before respondent's request for husband worth P500,000.00 dated 26
reinstatement of ISRC's license as a April 1993, however, it is noted that
land based agency. there is a super imposed date of 24
November 1994 in a notarial series of
12
In a Resolution dated May 22, 1993 of Mario S. Ramos, Notary Public,
1996, this Court referred the case to which raises doubt as to the date it was
the Integrated Bar of the Philippines executed. Apparently, the Deed of
(IBP) for investigation, report and Assignment was executed when the
recommendation. complainant started her investigation
regarding the true condition of the
The IBP's Commission on Bar corporation. Anent the reinstatement of
Discipline (CBD), through the license of the company there is no
Commissioner Milagros V. San Juan, showing that the respondent used the
held several hearings, the last of which amount he received from the
was on November 13, 2003. During complainant in compliance with the
those hearings, the complainant respondent's undertakings in the
presented her evidence. For his part, Memorandum of Agreement. The
the respondent, instead of presenting
accusation of enticement employed by
his defense before the CBD in open
respondent is supported by the fact that
court, opted to present a position paper
which was allowed by the Order dated complainant was made to appear that
13 she will be appointed as treasurer of the
April 20, 2004 of Commissioner San corporation, however there was no
Juan. However, in lieu of said position action on the part of the respondent to
paper, the respondent submitted a change the composition of the Board of
14
Memorandum after the complainant Directors and the treasurer in the
had filed her formal offer of evidence. records of the corporation on file with
Eventually, on October 12, 2004, the Securities and Exchange
Commissioner San Juan submitted her Commission. The respondent did not
15
Report and Recommendation. Said fully reveal the true condition of the
the Commissioner in her report: corporation regarding the reinstatement
of the corporation's license to operate.
There is no question that the Likewise the issuance of a check in
Memorandum of Agreement between the favor of the complainant on 30 March
parties was executed on 9 [August] 1992. 1994 against a closed account shows
In said Memorandum, no mention was the respondent had no desire to return
made of the assignment of shares of the money entrusted to him for the
stock in favor of the complainant and her reinstatement of the license of the
husband. The conditions stated therein corporation. The letter of the POEA
was that the amount to be contributed by dated 24 May 1994 xxx clearly show
the complainant shall be used for the that the payment of surety bond will not
reinstatement of the license of the ISRC. suffice to reinstate the license of the
No mention was made
corporation in view of several cases of Two (2) days later, or on November 24,
violations of recruitment pending before 2005, the IBP Commission on Bar
the POEA against said corporation. This Discipline transmitted to this Court the
fact was not disclosed to complainant Notice of Resolution together with the
when the Memorandum of Agreement records of Administrative Case No.
was entered into by the parties. 17
4515.
Thus, the Commissioner's On January 4, 2006, respondent filed a
recommendation: 18
Motion for Reconsideration of the
Investigating Commissioner's Report
Given all the foregoing, it is submitted and Recommendation with the IBP
that respondent manifested lack of Committee on Bar Discipline. In IBP
candor, when he knowingly failed to 19
Resolution No. XVII-2006-83 dated
provide the complainant with accurate January 28, 2006, the IBP Board of
and complete information due her under Governors denied respondent's motion
the circumstances. It is respectfully on the ground that it has no more
recommended that respondent be jurisdiction to consider and resolve a
SUSPENDED from the practice of law in matter already endorsed to the
the maximum period prescribed by law Supreme Court pursuant to Section 12
and to return the money received from (b) of Rule 139-B of the Rules of Court.
the complainant.
After this Court noted the
On October 22, 2005, the Board of aforementioned IBP Resolution on
Governors of the IBP passed Resolution June 28, 2006, a Motion for
16 20
No. XVII-2005-102 adopting and Reinvestigation was filed by the
approving, with modification, the afore- respondent on September 12, 2006.
quoted report and recommendation of the
investigating commissioner, to wit: Subsequently, on November 15, 2006,
the parties were required to manifest
RESOLVED to ADOPT and APPROVE, within ten (10) days from notice, if
as it is hereby ADOPTED and they were willing to submit this case
APPROVED, with modification, the for resolution based on the pleadings
Report and Recommendation of the 21
filed.
Investigating Commissioner of the
22
above-entitled case, herein made part of In our Resolution dated March 5,
this Resolution as Annex "A", and 2007, we noted without action
finding, the Recommendation fully respondent's motion for reinvestigation
supported by the evidence on record in view of respondent' subsequent
and the applicable laws and rules, and compliance and Manifestation dated
considering Respondent's lack of candor December 27, 2006. In the same
when he knowingly failed to provide resolution, the Court noted (1) the said
complainant with the accurate and respondent's compliance and
complete information due her, Atty. manifestation of December 27, 2006
Marciano J. Cagatan is hereby relative to the aforementioned
SUSPENDED from the practice of law November 15, 2006 Resolution; (2)
for two (2) years and Restitution of the complainant's Manifestation dated
money received from complainant. December 19, 2006, stating that she
was willing to submit the case for injury from the alleged wrongdoing.
resolution based on the pleadings filed Disbarment proceedings are matters of
and the resolution of the IBP Board of public interest and the only basis for
Governors; (3) respondent's Comment judgment is the proof or failure of proof
on Complainant's Manifestation dated of the charges. The evidence submitted
January 4, 2007; and (4) complainant's by complainant before the Commission
Manifestation dated January 10, 2007. on Bar Discipline sufficed to sustain its
resolution and recommended sanctions.
At the outset, the Court shall resolve (Emphasis ours)
respondent's challenge as to
complainant's personality to file this The rationale was explained by us in
complaint. In his Motion for 27
Rayos-Ombac v. Rayos, viz:
23
Reconsideration of the IBP
Investigating Commissioner's Report [The] rule is premised on the nature of
and Recommendation of October 12, disciplinary proceedings. A proceeding
2004, respondent contends that for suspension or disbarment is not in
complainant, not being a party-in- any sense a civil action where the
interest in the agreement between complainant is a plaintiff and the
respondent and Mr. Khalifa H. Juma, respondent lawyer is a defendant.
has no legal standing to file the Disciplinary proceedings involve no
instant complaint. private interest and afford no redress for
private grievance. They are undertaken
Respondent's argument lacks merit. and prosecuted solely for the public
welfare. They are undertaken for the
24
Section 1, Rule 139-B of the Rules of purpose of preserving courts of justice
Court explicitly provides that from the official ministration of persons
proceedings for disbarment, suspension unfit to practice in them. The attorney is
or discipline of attorneys may be taken called to answer to the court for his
by the Supreme Court motu proprio, or conduct as an officer of the court. The
by the IBP upon the verified complaint of complainant or the person who called
any person. Accordingly, we held in the attention of the court to the
25
Navarro v. Meneses III, as reiterated attorney's alleged misconduct is in no
26 sense a party, and has generally no
in Ilusorio-Bildner v. Lokin, that:
interest in the outcome except as all
The argument of respondent that good citizens may have in the proper
complainant has no legal personality to administration of justice. (Word in
sue him is unavailing. Section 1, Rule brackets ours)
139-B of the Rules of Court provides
that proceedings for the disbarment, Prescinding therefrom, it is, therefore,
suspension or discipline of attorneys immaterial whether or not complainant
may be taken by the Supreme Court herein was a party to the subject
motu propio or by the Integrated Bar of transaction. In any event, complainant
the Philippines (IBP) upon the verified is actually a party-in-interest thereto
complaint of any person. The right to because she is mentioned as the
institute a disbarment proceeding is not treasurer of ISRC in the Memorandum
28
confined to clients nor is it necessary of Agreement; as well as one of the
that the person complaining suffered assignees in the Deed of Assignment of
shares of ISRC stocks which the operation of the corporation and to
29 liquidate pending government and
respondent alleged to have executed;
31
and as the payee in the bank check other obligations, if any. Nowhere in
issued by the respondent for the amount said MOA is the alleged assignment of
30 shares mentioned. The testimony of the
of P500,000.00.
32
complainant on this score is more
We shall now proceed to the merits of credible than that of the respondent
the case. because it conforms with the written
stipulations in the MOA. In contrast, the
The pivotal issue herein is whether respondent's explanations with respect
respondent employed fraud, deceit or to the P500,000.00 in question had
misrepresentation when he entered into been inconsistent. The respondent
the Memorandum of Agreement with averred in his Comment that
Khalifa and received from the latter a the P500,000.00 was given to him
sum of money in the amount of initially for the purpose of pursuing the
P500,000.00. appeal with the Office of the President
and that he used the same to pay loans
We rule in the affirmative. or to "reimburse borrowed money" spent
for the said purpose. However,
The complainant contends that respondent also alleged that since the
pursuant to their agreement, she gave complainant was in a hurry to start the
the amount of P500,000.00 to the business operation of ISRC, the money
respondent to be used for the was used to buy his own shareholdings
reinstatement of ISRC's recruitment in the corporation for which he executed
license as well as to start the business a Deed of Assignment in complainant's
operation of the corporation. The favor, which respondent claimed he
respondent, however, claims that could validly do without the approval of
complainant misinterpreted their ISRC's Board of Directors. His
agreement because the P500,000.00 33
subsequent Memorandum submitted
the latter gave him was in payment of to the IBP contained new allegations
his personal shares of ISRC stock, as that aside from the P500,000.00 paid by
evidenced by a Deed of Assignment. the complainant for his personal shares
of ISRC stocks, an
We are constrained to give credence to
additional P500,000.00 should have been
the complainant's contention. The due
given to him as fresh capital of the
execution and authenticity of the
corporation and because of this failure of
Memorandum of Agreement (MOA)
complainant to put up the alleged fresh
between the parties are undisputed.
capital, ISRC was not able to put up the
Moreover, the terms thereof are clear
deposits required by the POEA resulting
and explicit that for and in consideration
in the non-renewal of the license of ISRC
of the joint ownership of ISRC, the
up to the present.
husband of the complainant, Mr. Khalifa
Juma, would pay the amount Indeed, the deceit and
of P500,000.00, P250,000.00 of which misrepresentation employed by the
would be used for the reinstatement respondent was seemingly evident right
of ISRC's license, while the at the outset when he entered into the
other P250,000.00 was for the start of MOA concerning the joint ownership
 35
and operation of ISRC with the pending with the POEA. The
complainant's husband, knowing fully respondent could not pass the blame
well that he could not do so without the to the complainant because of his
consent of and/or authority from the belated excuse that complainant failed
corporation's Board of Directors. The to infuse an additional amount of
unilateral execution by respondent of P500,000.00. This new defense is
the Deed of Assignment is a lame clearly an afterthought and not
excuse offered by the respondent. We supported by evidence.
agree with the observation of
Commissioner San Juan that the said In view of the foregoing, the Court holds
deed, which was not at all mentioned that respondent has violated the Code
in the MOA, was executed by the of Professional Responsibility as well as
respondent after the complainant had his attorney's oath.
conducted her investigation of the true
condition of the corporation. The so- The Code of Professional Responsibility
called "guarantee check" appears to specifically mandates the following :
have also been issued by respondent
for the same reason. Canon 1. A lawyer shall uphold the
constitution, obey the laws of the land
Moreover, while the respondent made it and promote respect for law and legal
appear in the MOA that the complainant processes.
would be appointed treasurer and her
husband Chairman of the Board of Rule 1.01. A lawyer shall not engage in
ISRC, the respondent had not complied unlawful, dishonest, immoral or deceitful
with the said undertaking as per the conduct.
34
Certification dated October 13, 1995 Canon 7. A lawyer shall at all times
of the Securities and Exchange uphold the integrity and dignity of
Commission (SEC). The respondent the legal profession and support the
could not justify his non-compliance with
activities of the Integrated Bar.
the terms of the MOA by citing ISRC's
inability to comply with other
governmental requirements for the Rule 7.03 A lawyer shall not engage in
reinstatement of its license for various
conduct that adversely reflects on his
reasons, since the respondent failed to
fitness to practice law, nor shall he,
disclose the same to the complainant
whether in public or private life, behave
and her husband.
in a scandalous manner to the discredit
of the legal profession.
Particularly, the respondent failed to
apprise the complainant as to the true The afore-cited canons emphasize the
state of ISRC's affairs that the high standard of honesty and fairness
reinstatement of the corporation's expected of a lawyer not only in the
recruitment license would require not practice of the legal profession but in
only a favorable action by the Office of 36
his personal dealings as well. A
the President on ISRC's appeal and
lawyer must conduct himself with great
the payment of a surety bond, but also
propriety, and his behavior should be
ISRC's clearance or exoneration in its
beyond reproach anywhere and at all
other cases for recruitment violations
 37
times. For, as officers of the courts decision in ISRC's appeal with the Office
and keepers of the public's faith, they of the President. We note, however, that
are burdened with the highest degree of said check was issued on March 30,
social responsibility and are thus 1994 or one year after the appeal
mandated to behave at all times in a adverted to had already been favorably
manner consistent with truth and acted upon on March 30, 1993. Hence,
38
honor. Likewise, the oath that lawyers our conclusion is that the check was
swear to impresses upon them the duty issued only after the complainant
of exhibiting the highest degree of good demanded the return of
faith, fairness and candor in their their P500,000.00 investment in ISRC.
39 In any event, respondent's act of issuing
relationships with others. Thus,
lawyers may be disciplined for any a guarantee check for P500,000.00,
conduct, whether in their professional or when he was presumably aware that at
in their private capacity, if such conduct the time of his issuance thereof his
renders them unfit to continue to be bank account against which the check
40 was drawn was already closed, clearly
officers of the court.
constitutes gross misconduct for which
Hence, in this case, we are in accord he should be penalized.
with the findings of the IBP
Commissioner, as affirmed by the IBP In sum, the amount of P500,000.00 was
Board of Governors. What is more, received by the respondent for the
we find respondent to be guilty of reinstatement of the license, but there is
gross misconduct for issuing a no showing that it was used for such
worthless check. purpose, as the respondent failed to
give any credible accounting or
41
In Sanchez v. Somoso, the Court explanation as to the disbursement of
ruled that a lawyer who paid another the said amount in accordance with the
with a personal check from a bank stipulations in the MOA. Respondent
account which he knew has already failed to disclose all the existing
been closed exhibited an extremely low hindrances to the renewal of ISRC's
regard to his commitment to the oath he recruitment license, which enticed
took when he joined his peers, thereby complainant and her husband to part
seriously tarnishing the image of the with the aforesaid sum of money. He
profession which he should hold in high also admittedly issued a check drawn
42
esteem. In Moreno v. Araneta, we against a closed account, which
held that the issuance of worthless evinced his lack of intention to return
checks constitutes gross misconduct, as the money to the complainant pursuant
the effect transcends the private to his supposed guarantee. It is thus
interests of the parties directly involved proper for the Court to order its
in the transaction and touches the restitution as recommended by the IBP.
interests of the community at large.
We find the recommended penalty of
Respondent herein admitted having suspension from the practice of law
issued a check but claimed that it was for two (2) years by the IBP Board of
only to guarantee the reimbursement Governors to be too harsh considering
of the P500,000.00 given to him by the that this is respondent's first
complainant in case of an adverse administrative offense. It is settled that
the appropriate penalty which the Court Acting on the Memorandum dated
may impose on an errant lawyer depends January 27, 2009 of Justice Renato C.
on the exercise of sound judicial Corona re: Comment of the Integrated
discretion based on the surrounding Bar of the Philippines on our Suggested
43 Revisions to the Proposed Rule of
facts. Accordingly, for employing deceit
and misrepresentation in his personal Mandatory Legal Aid Service for
dealings as well as for issuing a Practicing Lawyers, the Court Resolved
worthless check, we rule and so hold that to APPROVE the same.
the penalty of suspension for one (1)
year and one (1) month from the practice This Resolution shall take effect on July
of law is sufficient to be meted out to 1, 2009 following publication of the said
respondent. Rule and its implementing regulations in
at least two (2) newpapers of general
WHEREFORE, respondent Atty. circulation.
Marciano J. Cagatan is SUSPENDED
FOR ONE (1) YEAR and ONE (1) February 10, 2009
MONTH from the practice of law with
warning that repetition of the same or
similar acts will merit a more severe
penalty; and ordered to RESTITUTE
the amount of P500,000.00 to the REYNATO S. PUNO
complainant. Chief Justice
LEONARDO A. QUISUMBING
Associate Justice
CONSUELO YNARES-SANTIA
Let copies of this Decision be furnished Associate Justice
all courts, the Integrated Bar of theANTONIO T. CARPIO MA. ALICIA AUSTRIA-MARTI
Philippines, the Office of the BarAssociate Justice Associate Justice
Confidant and spread in respondent's
personal records. RENATO C. CORONA CONCHITA CARPIO MORAL
Associate Justice Associate Justice
SO ORDERED. ADOLFO S. AZCUNA DANTE O. TINGA
Associate Justice Associate Justice
MINITA V. CHICO-NAZARIO PRESBITERO J. VELASCO,
Associate Justice Associate Justice
ANTONIO EDUARDO B. NACHURA TERESITA J. LEONARDO-DE CA
Associate Justice Associate Justice
ARTURO D. BRION DIOSDADO M. PERALTA
B.M. No. 2012 February 10, Associate Justice Associate Justice
2009

PROPOSED RULE ON
MANDATORY LEGAL AID SERVICE RULE ON MANDATORY LEGAL AID
FOR PRACTICING LAWYERS SERVICE
RESOLUTION SECTION 1. Title. - This Rule shall
be known as "The Rule on Mandatory
Legal Aid Service."
SECTION 2. Purpose. - This Rule (i) Government
seeks to enhance the duty of lawyers to employees and incumbent
society as agents of social change and elective officials not
to the courts as officers thereof by allowed by law to practice;
helping improve access to justice by
the less privileged members of society (ii) Lawyers who by law
and expedite the resolution of cases are not allowed to
involving them. Mandatory free legal appear in court;
service by members of the bar and their
active support thereof will aid the (iii) Supervising lawyers of
efficient and effective administration of students enrolled in law
justice especially in cases involving student practice in duly
indigent and pauper litigants. accredited legal clinics of
law schools and lawyers of
SECTION 3. Scope. - This Rule shall non-governmental
govern the mandatory requirement for organizations (NGOs) and
practicing lawyers to render free legal peoples’ organizations
aid services in all cases (whether, civil, (POs) like the Free Legal
criminal or administrative) involving Assistance Group who by
indigent and pauper litigants where the the nature of their work
assistance of a lawyer is needed. It shall already render free legal
also govern the duty of other members aid to indigent and pauper
of the legal profession to support the litigants and
legal aid program of the Integrated Bar
of the Philippines. (iv) Lawyers not covered
under subparagraphs (i) to
SECTION 4. Definition of Terms. - (iii) including those who
For purposes of this Rule: are employed in the
private sector but do not
(a) Practicing lawyers are appear for and in behalf of
members of the Philippine Bar parties in courts of law and
who appear for and in behalf of quasi-judicial agencies.
parties in courts of law and quasi-
judicial agencies, including but (b) Indigent and pauper
not limited to the National Labor litigants are those defined under
Relations Commission, National Rule 141, Section 19 of the Rules
Conciliation and Mediation Board, of Court and Algura v. The Local
Department of Labor and Government Unit of the City of
Employment Regional Offices, Naga (G.R. No.150135, 30
Department of Agrarian Reform October 2006, 506 SCRA 81);
Adjudication Board and National
Commission for Indigenous (c) Legal aid cases are those
Peoples. The term "practicing actions, disputes, and
lawyers" shall exclude: controversies that are criminal,
civil and administrative in nature
in whatever stage wherein
indigent and pauper litigants (i) Clerk of Court is the Clerk of
need legal representation; Court of the court where the
practicing lawyer rendered free
(d) Free legal aid services refer to legal aid services. In the case of
appearance in court or quasi- quasi-judicial bodies, it refers to
judicial body for and in behalf of an officer holding an equivalent
an indigent or pauper litigant and or similar position.
the preparation of pleadings or
motions. It shall also cover The term shall also include an
assistance by a practicing lawyer officer holding a similar
to indigent or poor litigants in position in agencies exercising
court-annexed mediation and in quasi-judicial functions, or a
other modes of alternative responsible officer of an
dispute resolution (ADR). accredited PO or NGO, or an
Services rendered when a accredited mediator who
practicing lawyer is appointed conducted the court-annexed
counsel de oficio shall also be mediation proceeding.
considered as free legal aid
services and credited as SECTION 5. Requirements. -
compliance under this Rule;
(a) Every practicing lawyer is
(e) Integrated Bar of the required to render a minimum of
Philippines (IBP) is the official sixty (60) hours of free legal aid
national organization of services to indigent litigants in a
lawyers in the country; year. Said 60 hours shall be
spread within a period of twelve
(f) National Committee on (12) months, with a minimum of
Legal Aid (NCLA) is the five (5) hours of free legal aid
committee of the IBP which is services each month. However,
specifically tasked with where it is necessary for the
handling legal aid cases; practicing lawyer to render legal
aid service for more than five (5)
(g) Committee on Bar hours in one month, the excess
Discipline (CBD) is the committee hours may be credited to the
of the IBP which is specifically said lawyer for the succeeding
tasked with disciplining members periods.
of the Bar;
For this purpose, a practicing
(h) IBP Chapters are those lawyer shall coordinate with the
chapters of the Integrated Bar Clerk of Court for cases where he
of the Philippines located in the may render free legal aid service.
different geographical areas of He may also coordinate with the
the country as defined in Rule IBP Legal Aid Chairperson of the
139-A and IBP Chapter to inquire about
cases where he may render free
legal aid service. In this
connection, the IBP Legal Aid (iv) A motion (except a
Chairperson of the IBP Chapter motion for extension of
shall regularly and actively time to file a pleading or
coordinate with the Clerk of for postponement of
Court. hearing or conference) or
pleading filed on a
The practicing lawyer shall particular case shall be
report compliance with the considered as one (1) hour
requirement within ten (10) days of service.
of the last month of each quarter
of the year. The Clerk of Court shall
issue the certificate in
(b) A practicing lawyer shall be triplicate, one (1) copy to
required to secure and obtain a be retained by the
certificate from the Clerk of practicing lawyer, one (1)
Court attesting to the number of copy to be retained by the
hours spent rendering free legal Clerk of Court and one (1)
aid services in a case. copy to be attached to the
lawyer's compliance
The certificate shall contain report.
the following information:
(c) Said compliance report shall
(i) The case or cases be submitted to the Legal Aid
where the legal aid Chairperson of the IBP Chapter
service was rendered, the within the court’s jurisdiction. The
party or parties in the said Legal Aid Chairperson shall
case(s) for whom the then be tasked with immediately
service was rendered, the verifying the contents of the
docket number of the said certificate with the issuing Clerk
case(s) and the date(s) of Court by comparing the copy
the service was rendered. of the certificate attached to the
compliance report with the copy
(ii) The number of hours retained by the Clerk of Court.
actually spent attending a
hearing or conducting (d) The IBP Chapter shall, after
trial on a particular case verification, issue a compliance
in the court or quasi- certificate to the concerned
judicial body. lawyer. The IBP Chapter shall
also submit the compliance
(iii) The number of hours reports to the IBP’s NCLA for
actually spent attending recording and documentation.
mediation, conciliation or The submission shall be made
any other mode of ADR within forty-five (45) days after
on a particular case. the mandatory submission of
compliance reports by the
practicing lawyers.
(e) Practicing lawyers shall free legal aid activities. The
indicate in all pleadings filed certification shall be submitted
before the courts or quasi-judicial to the IBP Chapter or IBP
bodies the number and date of National Office.
issue of their certificate of
compliance for the immediately (h) Before the end of a particular
preceding compliance period. year, lawyers covered by the
Failure to disclose the required category under Section 4(a)(iv)
information would cause the shall fill up a form prepared by the
dismissal of the case and the NCLA which states that, during
expunction of the pleadings from that year, they are neither
the records. practicing lawyers nor covered by
Section (4)(a)(i) to (iii). The form
(f) Before the end of a particular shall be sworn to and submitted to
year, lawyers covered by the the IBP Chapter or IBP National
category under Section 4(a)(i) Office together with the payment of
and (ii), shall fill up a form an annual contribution of Four
prepared by the NCLA which Thousand Pesos (P4,000) by way
states that, during that year, they of support for the efforts of
are employed with the practicing lawyers who render
government or incumbent mandatory free legal aid services.
elective officials not allowed by Said contribution shall accrue to a
law to practice or lawyers who special fund of the IBP for the
by law are not allowed to appear support of its legal aid program.
in court.

The form shall be sworn to and (i) Failure to pay the annual
submitted to the IBP Chapter or contribution shall subject the
IBP National Office together with lawyer to a penalty of Two
the payment of an annual Thousand Pesos (P2,000) for that
contribution of Two Thousand year which amount shall also
Pesos (P2,000). Said contribution accrue to the special fund for the
shall accrue to a special fund of legal aid program of the IBP.
the IBP for the support of its legal
aid program. SECTION 6. NCLA. -

(g) Before the end of a particular (a) The NCLA shall coordinate
year, lawyers covered by the with the various legal aid
category under Section 4(a)(iii) committees of the IBP local
shall secure a certification from the chapters for the proper handling
director of the legal clinic or of the and accounting of legal aid
concerned NGO or PO to the cases which practicing lawyers
effect that, during that year, they can represent.
have served as supervising
lawyers in a legal clinic or actively (b) The NCLA shall monitor the
participated in the NGO’s or PO’s activities of the Chapter of the
 Legal Aid Office with respect to unsatisfactory, the NCLA shall
the coordination with Clerks of make a report and
Court on legal aid cases and the recommendation to the IBP
collation of certificates Board of Governors that the
submitted by practicing lawyers. erring lawyer be declared a
member of the IBP who is not in
(c) The NCLA shall act as the good standing. Upon approval of
national repository of records the NCLA’s recommendation, the
in compliance with this Rule. IBP Board of Governors shall
declare the erring lawyer as a
(d) The NCLA shall prepare the member not in good standing.
following forms: certificate to be Notice thereof shall be furnished
issued by the Clerk of Court the erring lawyer and the IBP
and forms mentioned in Section Chapter which submitted the
5(e) and (g). lawyer’s compliance report or the
IBP Chapter where the lawyer is
(e) The NCLA shall hold in trust, registered, in case he did not
manage and utilize the submit a compliance report. The
contributions and penalties that notice to the lawyer shall include
will be paid by lawyers pursuant a directive to pay Four Thousand
to this Rule to effectively carry Pesos (P4,000) penalty which
out the provisions of this Rule. shall accrue to the special fund
For this purpose, it shall for the legal aid program of the
annually submit an accounting to IBP.
the IBP Board of Governors.
(b) The "not in good standing"
The accounting shall be included declaration shall be effective for a
by the IBP in its report to the period of three (3) months from
Supreme Court in connection the receipt of the erring lawyer of
with its request for the release of the notice from the IBP Board of
the subsidy for its legal aid Governors. During the said
program. period, the lawyer cannot appear
in court or any quasi-judicial body
SECTION 7. Penalties. - as counsel. Provided, however,
that the "not in good standing"
(a) At the end of every calendar status shall subsist even after the
year, any practicing lawyer who lapse of the three-month period
fails to meet the minimum until and unless the penalty shall
prescribed 60 hours of legal aid have been paid.
service each year shall be
required by the IBP, through the (c) Any lawyer who fails to
NCLA, to explain why he was comply with his duties under this
unable to render the minimum Rule for at least three (3)
prescribed number of hours. If no consecutive years shall be the
explanation has been given or if subject of disciplinary
the NCLA finds the explanation proceedings to be instituted
motu
 proprio by the CBD. The said pretrial skills, two (2) credit units for
proceedings shall afford the alternative dispute resolution, four (4)
erring lawyer due process in credit units for legal writing and oral
accordance with the rules of the advocacy, four (4) credit units for
CBD and Rule 139-B of the Rules substantive and procedural laws and
of Court. If found administratively jurisprudence and six (6) credit units
liable, the penalty of suspension for such subjects as may be prescribed
in the practice of law for one (1) by the MCLE Committee under Section
year shall be imposed upon him. 2(9), Rule 2 of the Rules on MCLE.

(d) Any lawyer who falsifies a A lawyer who renders mandatory legal
certificate or any form required to aid service for the required number of
be submitted under this Rule or hours in a year for at least two
any contents thereof shall be consecutive years within the three year-
administratively charged with period covered by a compliance period
falsification and dishonesty and under the Rules on MCLE shall be
shall be subject to disciplinary credited the following: one (1) credit unit
action by the CBD. This is without for legal ethics, one (1) credit unit for
prejudice to the filing of criminal trial and pretrial skills, one (1) credit unit
charges against the lawyer. for alternative dispute resolution, two (2)
credit units for legal writing and oral
(e) The falsification of a advocacy, two (2) credit units for
certificate or any contents thereof substantive and procedural laws and
by any Clerk of Court or by any jurisprudence and three (3) credit units
Chairperson of the Legal Aid for such subjects as may be prescribed
Committee of the IBP local by the MCLE Committee under Section
chapter where the case is 2(g), Rule 2 of the Rules on MCLE.
pending or by the Director of a
legal clinic or responsible officer SECTION 9. Implementing Rules. -
of an NGO or PO shall be a The IBP, through the NCLA, is hereby
ground for an administrative case given authority to recommend
against the said Clerk of Court or implementing regulations in
Chairperson. This is without determining who are "practicing
prejudice to the filing of the lawyers," what constitute "legal aid
criminal and administrative cases" and what administrative
charges against the malfeasor. procedures and financial safeguards
which may be necessary and proper in
SECTION 8. Credit for Mandatory the implementation of this rule may be
Continuing Legal Education (MCLE). prescribed. It shall coordinate with the
- A lawyer who renders mandatory legal various legal chapters in the crafting of
aid service for the required number of the proposed implementing regulations
hours in a year for the three year-period and, upon approval by the IBP Board of
covered by a compliance period under Governors, the said implementing
the Rules on MCLE shall be credited the regulations shall be transmitted to the
following: two (2) credit units for legal Supreme Court for final approval.
ethics, two (2) credit units for trial and
SECTION 10. Effectivity. - This Rule
and its implementing rules shall take
effect on July 1,2009 after they have
been published in two (2) newspapers of
general circulation.