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Camacho Vs Pangulayan

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MANUEL N. CAMACHO vs. LUIS MEINRADO C.

PANGULAYAN

AC. No. 4807, Mar 22, 2000

VITUG, J.:

Facts:

Atty. Manuel Camacho filed a complaint against the lawyers of Pangulayan and Associates Law Offices.
The complainant is the counsel for some of the expelled students from the AMA Computer College
(AMACC), the petitioners in a civil action, while respondent are the counsel for AMACC, the defendant in
the same civil action. Complainant alleged that during the pendency of the civil action, the respondents
procured compromise agreements with four of his clients without his knowledge. The agreements
required his clients to waive all kinds of claims they might have against AMACC and to terminate all
proceedings against it. Complainant averred that such an act was unbecoming of a lawyer and warrants
administrative sanction.

In his comment, Atty. Luis Pangulayan averred that his co-respondents had taken no part in the execution
of the compromise agreements and that the compromise agreements were the result of the settlement of
an administrative case against the students regarding their expulsions and had nothing to do with the
dismissal of the aforementioned civil action.

The Investigating Commissioner recommended that respondent be suspended from the practice of law for
6 months. It was adopted by the IBP Board of Governors.

Issue:

Whether respondent violated the CPR

Ruling: Yes.

It would appear that when the individual letters of apology and Re-Admission Agreements were
formalized, complainant was by then already the retained counsel for plaintiff students in the civil case.
Respondent Pangulayan had full knowledge of this fact. Although aware that the students were
represented by counsel, respondent attorney proceeded, nonetheless, to negotiate with them and their
parents without at the very least communicating the matter to their lawyer, herein complainant, who was
counsel of record in Civil Case No. Q-97-30549. This failure of respondent, whether by design or because
of oversight, is an inexcusable violation of the canons of professional ethics and in utter disregard of a
duty owing to a colleague. Respondent fell short of the demands required of him as a lawyer and as a
member of the Bar.

The allegation that the context of the Re-Admission Agreements centers only on the administrative aspect
of the controversy is belied by the Manifestation[1] which, among other things, explicitly contained the
following stipulation; viz:

"1.......Among the nine (9) signatories to the complaint, four (4) of whom assisted by their
parents/guardian already executed a Re-Admission Agreement with AMACC President, AMABLE R.
AGUILUZ V acknowledging guilt for violating the AMA COMPUTER COLLEGE MANUAL FOR
DISCIPLINARY ACTIONS and agreed among others to terminate all civil, criminal and administrative
proceedings which they may have against the AMACC arising from their previous dismissal.

"x x x......x x x......x x x

"3. Consequently, as soon as possible, an Urgent Motion to Withdraw from Civil Case No. Q-97-30549
will by filed them."

The Court can only thus concur with the IBP Investigating Commission and the IBP Board of Governors in
their findings; nevertheless, the recommended six-month suspension would appear to be somewhat too
harsh a penalty given the circumstances and the explanation of respondent.

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