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> Canon 14> RA 9999>AN ACT PROVIDING A MECHANISM FOR FREE LEGAL ASSISTANCE AND

FOR OTHER PURPOSES

> Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

> Section 1. Short Title. - This Act shall be known as the "Free Legal Assistance

Act of 2010".

> Section . Declaration of Policy. - It is the declared policy of the State to value

the dignity of every human person and guarantee the rights of every individual,particularly those who cannot a ord the services of legal counsel

>!urthermore, it is the policy of the State to promote a "ust and dynamic social

order that will ensure the prosperity and independence of the nation and free

the people from poverty through policies and programs that provide ade#uate

social services and improve the #uality of life for all

>In addition, the State shall guarantee free legal assistance to the poor and ensurethat every person who cannot a ord the services of a counsel is provided with a

competent and independent counsel preferably of his$her own choice, if upon

determination it appears that the party cannot a ord the services of a counsel,

and that services of a counsel are necessary to secure the ends of "ustice and

protect of the party

> Section !. De nition of Terms. - As provided for in this Act, the term legal

services to be performed by a lawyer refers to any activity which re#uires the

application of law, legal procedure, knowledge, training and e%periences which

shall include, among others, legal advice and counsel, and the preparation of

instruments and contracts, including appearance before the administrative and

#uasi-"udicial o&ces, bodies and tribunals handling cases in court, and other

similar services as may be de'ned by the Supreme (ourt

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> Section 4. Re!uirements for "vailment. - !or purposes of availing of the bene'ts

and services as envisioned in this Act, a lawyer or professional partnership shall

secure a certi'cation from the )ublic Attorney*s +&ce )A+ , the .epartment of

/ustice .+/ or accredited association of the Supreme (ourt indicating that thesaid legal services to be provided are within the services de'ned by the

Supreme (ourt, and that the agencies cannot provide the legal services to be

provided by the private counsel

>!or purpose of determining the number of hours actually provided by the lawyer

and$or professional 'rm in the provision of legal services, the association and$or

organi0ation duly accredited by the Supreme (ourt shall issue the necessary

certi'cation that said legal services were actually undertaken

>The certi'cation issued by, among others, the )A+, the .+/ and other accredited

association by the Supreme (ourt shall be submitted to the 1ureau of Internal

2evenue 1I2 for purposes of availing the ta% deductions as provided for in this

Act and to the .+/ for purposes of monitoring

> Section ". #ncentives to $a%yers. - !or purposes of this Act, a lawyer or

professional partnerships rendering actual free legal services, as de'ned by the

Supreme (ourt, shall be entitled to an allowable deduction from the gross

income, the amount that could have been collected for the actual free legal

services rendered or up to ten percent 345 of the gross income derived from

the actual performance of the legal profession, whichever is lower6 )rovided,

That the actual free legal services herein contemplated shall be e%clusive of the

minimum si%ty 74 -hour mandatory legal aid services rendered to indigent

litigants as re#uired under the 2ule on 8andatory 9egal Aid Services for

)racticing 9awyers, under 1A2 8atter :o ;43;, issued by the Supreme (ourt

> Section #. #nformation& 'ducation and Communication (#'C) Campaign. - The

.+/, in cooperation with the )hilippine Information Agency )IA , is hereby

mandated to conduct an annual I

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public that a free legal assistance to those who cannot a ord counsel is being

provided by the State *avvph+*

> Section $. Reportorial Re!uirement. - !or purposes of determining the

e ectiveness and social impact of the provisions of this Act, the .+/ shall submit

an annual report to both =ouses of (ongress indicating therewith the number of

parties who bene'ted from this Act

>The report shall state in detail, among others, the geographic location,

demographic characteristics and socioeconomic pro'le of the bene'ciaries of

this Act

> Section %. #mplementing Rules and Regulations (#RR). - ithin ninety ?4 days

from the date e ectivity of this Act, the 1I2 shall formulate the necessary

revenue regulations for the proper implementation of the ta% component as

envisioned in this Act

>The Supreme (ourt shall formulate the necessary implementing rules and

regulations with respect to the legal services covered under this Act and the

process of accreditation of organi0ations and$or associations which will providefree legal assistance

> PD "4!>AUTHORI&ING THE DESIGNATION OF MUNICIPAL 'UDGES AND LA()ERS

IN AN) *RANCH OF THE GOVERNMENT SERVICE TO ACT AS COUNSEL DE

OFICIO FOR THE ACCUSED (HO ARE INDIGENT IN PLACES (HERE

THERE ARE NO AVAILA*LE PRACTICING ATTORNE)S

> =

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> =

instrumentality of the government within the province, as counsel de o'cio for

an indigent person who is facing a criminal charge before his court, and the

services of such counsel de o'cio shall be duly compensated by the Covernment

in accordance with Section thirty-two, 2ule +ne =undred Thirty If the criminal case wherein the services of a counsel de o'cio are needed is

pending before a (ity or municipal court, the city or municipal "udge concerned

shall immediately recommend to the nearest .istrict /udge the appointment of a

counsel de o'cio, and the .istrict /udge shall forthwith appoint one in

accordance with the preceding paragraph

>!or purposes of this .ecree an indigent person is anyone who has no visiblemeans of support or whose income does not e%ceed )D44 per month or whose

income even in e%cess of )D44 is insu&cient for the subsistence of his family,

which fact shall be determined by the /udge in whose court the case is pending,

taking into account the number of the members of his family dependent upon

him for subsistence

> Section . 2epealing (lause All laws and decrees inconsistent with this .ecreeare hereby repealed

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> Section !. < ectivity This .ecree shall take e ect immediately

>.+:< in the (ity of 8anila, this ;3st day of August, in the year of +ur 9ord,

nineteen hundred and seventy-four

> RA #+!!

> Re,- /ic Act #+!! – AN ACT RE0UIRING COURTS TO GIVE PREFERENCE

TO CRIMINAL CASES (HERE THE PART) OR PARTIES INVOLVE ARE

INDIGENTS.

> Section 1. Any provision of e%isting law to be contrary notwithstanding and with

the e%ception of habeas corpus and election cases and cases involvingdetention prisoners, and persons covered by 2epublic Act :umbered !our

thousand nine hundred eight a// co-2t3 3 a// 5i6e ,2e7e2ence to t e

ea2in5 an8 o2 8i3,o3ition o7 c2i:ina/ ca3e3 ; e2e an in8i5ent i3

in6o/6e8 eit e2 a3 t e o Section !. An indigent who is the o ended party, respondent or an accused in a

criminal case and who desires to avail of the preference granted under this Act

shall 'le a sworn statement of the fact of his being indigent and the said sworn

statement shall be su&cient basis for the court or 'scal to give preference to

the trial and disposition of such criminal case

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> Section 4. Any willful or malicious refusal on the part of any 'scal or "udge to

carry out the provisions of this Act shall constitute su&cient ground for

disciplinary action which may include suspension or removal

> Section ". This Act shall take e ect upon its approval

>Approved6 August F, 3?7?

> RA #+!4>Re,- /ic Act #+!4 AN ACT PROVIDING TRANSPORTATION AND OTHER

ALLO(ANCES FOR INDIGENT LITIGANTS.>Section 1. Any provision of e%isting law to the contrary notwithstanding, an=

in8i5ent /iti5ant :a= -,on :otion a3? t e Co-2t 7o2 a8e@-ate t2a6e/a//o;ance to ena /e i: an8 i3 in8i5ent ;itne33e3 to atten8ant t e

ea2in5 o7 a c2i:ina/ ca3e co::ence8 = i3 co:,/aint o2 /e8 a5ain3t

i:. T e a//o;ance 3 a// co6e2 act-a/ t2an3,o2tation eB,en3e3 = t e

c ea,e3t :ean3 72o: i3 ,/ace o7 2e3i8ence to t e co-2t an8 ac?.

( en t e ea2in5 o7 t e ca3e 2e@-i2e3 t e ,2e3ence o7 t e in8i5ent

/iti5ant an8 o2 i3 in8i5ent ;itne33e3 in co-2t t e ; o/e 8a= o2 7o2 t;o

o2 :o2e con3ec-ti6e 8a=3 a//o;ance3 :a= in t e 8i3c2etion o7 t eCo-2t a/3o co6e2 2ea3ona /e eB,en3e3 7o2 :ea/ an8 /o85in5.

>!or the purpose of this Act, indigent litigants shall include anyone who has no

visible means of income or whose income is insu&cient for his family as

determined by the (ourt under Section ;, hereof> Section . If the court determines that the petition for transportation allowance

is meritorious, said court shall immediately issue an order directing the

provincial, city or municipal treasurer to pay the indigent litigant the travel

allowance out of any funds in his possession and proceed without delay to thetrial of the case The provincial, city or municipal treasurer shall hold any such

payments as cash items until reimbursed by the national government> Section !. All payments of travel allowances made by provincial, city and

municipal treasurer under this Act as of +ctober D3 each year, shall be

transmitted to the (ommissioner of the 1udget not later than :ovember D4

each year for inclusion in the annual Ceneral Appropriations Act The necessary

sum is hereby authori0ed to be appropriated out of the funds in the :ational Treasury not otherwise appropriated

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> Section 4. This Act shall take e ect upon its approval>Approved6 August F, 3?7?> RA #+!"

> AN ACT RE0UIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF

NOTES TO INDIGENT AND LO( INCOME LITIGANTS AND PROVIDING A

PENALT) FOR THE VIOLATION THEREOF.

> Section 1. A stenographer who has attended a hearing before an investigating

'scal or trial "udge or hearing commissioner of any #uasi-"udicial body or

administrative tribunal and has o&cially taken notes of the proceeding thereof

shall, upon written re#uest of an indigent or low income litigant, his counsel or

duly authori0ed representative in the case concerned, give within a reasonableperiod to be determined by the 'scal, "udge, commissioner or tribunal hearing

the case, a free certi'ed transcript of notes take by him on the case

> Section . A litigant who desires to avail himself of the privilege granted under

Section one hereof shall, at the investigation, hearing, or trial, establish his

status as an indigent or low income litigant and the investigating 'scal or "udge

or commissioner or tribunal hearing the case shall resolve the same in the same

proceeding

>!or the purpose of this Act, an Eindigent or low income litigantE shall include

anyone who has no visible means of support or whose income does not e%ceed

)D44 per month or whose income even in e%cess of )D44 per month is

insu&cient for the subsistence of his family, which fact shall be determined by

the investigating 'scal or trial "udge or commissioner or tribunal hearing the

case taking into account the number of the members of his family dependentupon him for subsistence

> Section !. Any stenographer who, after due hearing in accordance with the

pertinent provisions of 2epublic Act :o ;;74, as amended, has been found to

have violated the provisions of Section one of this Act or has unreasonable

delayed the giving of a free certi'ed transcript of notes to an indigent or low

income litigant shall be sub"ect to the following disciplinary actions6

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>suspension from o&ce for a period not e%ceeding thirty D4 days upon 'nding of

guilt for the 'rst time@

>suspension from o&ce for not less than thirty D4 days and not more than si%ty

74 days upon 'nding of guilt for the second time@ and

>removal from o&ce upon 'nding of guilt for the third time

> Section 4. This Act shall apply to all indigent or low income litigants who, at the

time of its approval, have pending cases in any 'scal o&ce, court, or #uasi-

"udicial body or administrative tribunal

> Section ". The .epartment of /ustice shall prescribe such rules and regulations

as may be necessary to carry out the purposes of this Act, and the .epartment

=ead concerned shall provide the necessary supplies and authori0e the use of

government e#uipment by the stenographers concerned

> Section #. This Act shall take e ect upon its approval

>Approved6 August F, 3?7?

> RA #+!#

> AN ACT PROVIDING THAT *AIL SHALL NOT (ITH CERTAIN E CEPTIONS

*E RE0UIRED IN CASES OF VIOLATIONS OF MUNICIPAL OR CIT)

ORDINANCES AND IN CRIMINAL OFFENSES (HEN THE PRESCRI*ED

PENALT) FOR SUCH OFFENSES IS NOT HIGHER THAN ARRESTO MA)OR

AND OR A FINE OF T(O THOUSAND PESOS OR *OTH.

> Section 1. Any provision of e%isting law to the contrary notwithstanding, bail

shall not be re#uired of a person charged with violation of a municipal or city

ordinance, a light felony and$or a criminal o ense the prescribed penalty for

which is not higher than si% months imprisonment and$or a 'ne of two thousand

pesos, or both, where said person has established to the satisfaction of the court

or any other appropriate authority hearing his case that he is unable to post the

re#uired cash or bail bond, e%cept in the following cases6

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> hen he is caught committing the o ense in Gagranti@

> hen he confesses to the commission of the o ense unless the confession is

later repudiated by him in a sworn statement or in open court as having been

e%tracted through force or intimidation@

> hen he is found to have previously escaped from legal con'nement, evaded

sentence, or "umped bail@

> hen he is found to have previously violated the provisions of Section ; hereof@

> hen he is found to be a recidivist or a habitual delin#uent or has been

previously convicted for an o ense to which the law or ordinance attaches an

e#ual or greater penalty or for two or more o enses to which it attaches a

lighter penalty@

> hen he commits the o ense while on parole or under conditional pardon@ and

> hen the accused has previously been pardoned by the municipal or city mayor

for violation of municipal or city ordinance for at least two times

> Section . Instead of bail, the person charged with any o ense contemplated by

Section 3 hereof shall be re#uired to sign in the presence of two witnesses of

good standing in the community a sworn statement binding himself, pending

'nal decision of his case, to report to the (lerk of the (ourt hearing his case

periodically every two weeks The (ourt may, in its discretion and with the

consent of the person charged, re#uire further that he be placed under the

custody and sub"ect to the authority of a responsible citi0en in the communitywho may be willing to accept the responsibility In such a case the a&davit

herein mentioned shall include a statement of the person charged that he binds

himself to accept the authority of the citi0en so appointed by the (ourt The

(lerk of (ourt shall immediately report the presence of the accused person to

the (ourt

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of this sworn statement shall "ustify the (ourt to order his immediate arrest

unless he 'les bail in the amount forthwith '%ed by the (ourt

> Section !. This Act shall apply to all person who, at the time of its approval, are

under temporary detention for inability to post bail for charges contemplated by

Section 3 above

> Section 4. This Act shall take e ect upon its approval

>Approved6 August F, 3?7?

> R-/e on eBe:,tion 72o: ,a=:ent o7 /e5a/ 7ee3

> Fact3

A resolution was promulgated by the 8isamis +riental (hapter of the Integrated

1ar of the )hilippines I1) re#uesting the I1)Hs :ational (ommittee on 9egal Aid

to ask for the e%emption from the payment of 'ling, docket and other fees of

clients of the legal aid o&ces in the various I1) chapters> They contend that free access to courts and #uasi-"udicial bodies shall not be

denied to any person by reason of poverty> The resolution provides among others for di erent measures to determine who

shall be e%empted from the payment of the said fees It also provides for the

rules on the compliance with the rule on mandatory legal aid service> The resolution was submitted to the court for approval

SC

EBe:,tion 72o: ,a=:ent o7 7ee3 5-a2antee3 t e 2i5 t3 o7 t e ,oo2 to

72ee acce33 to t e co-2t33 The (onstitution guarantees the rights of the poor to free access to the courts

and to ade#uate legal assistance 1y giving free access to courts and by

e%empting from the payment of fees assessed, the guarantee of Section 33,

Article III of (onstitution is advanced and access to "ustice is increased by

bridging a signi'cant gap and removing a ma"or roadblock

; In promulgating the resolution, the 8isamis +riental (hapter of the I1) hase ectively performed its duty to Eparticipate in the development of the legal

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system by initiating or supporting e orts in law reform and in the administration

of "ustice E

D In con"unction with Section ;3, 2ule D and Section 3?, 2ule 3F3 of the 2ules of (ourt, the 2ule on 8andatory 9egal Aid Service and the 2ule of )rocedure for

Small (laims (ases, shall form a solid base of rules upon which the right of

access to courts by the poor shall be implemented ith these rules, we e#uip

the poor with the tools to e ectively, e&ciently and easily enforce their rights in

the "udicial system

F 1ecause of this, the re#uest of the 8isamis +riental (hapter for the

e%emption from the payment of 'ling, docket and other fees of the clients of the

legal aid o&ces of various I1) chapters is granted> RA 94+#

> AN ACT REORGANI&ING AND STRENGTHENING THE PU*LIC ATTORNE) S

OFFICE PAO AMENDING FOR THE PURPOSE PERTINENT PROVISIONS

OF E ECUTIVE ORDER NO. 9 OTHER(ISE NO(N AS THE

ADMINISTRATIVE CODE OF 19%$ AS AMENDED GRANTING SPECIAL

ALLO(ANCE TO PAO OFFICIALS AND LA()ERS AND PROVIDING FUNDS

THEREFOR

> Be it enacted by the Senate and the House of Representatives of the Philippines

in Congress assembled 6

> SECTION 1. Section F, (hapter 3, Title III, 1ook I of ES.epartment )roper@

>+&ce of the Covernment (orporate (ounsel@

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>:ational 1ureau of Investigation@

>)ublic Attorney*s +&ce as an attached agency @

>1oard of )ardons and )arole@

>)arole and )robation Administration@

>1ureau of (orrections@

>9and 2egistration Authority@

>1ureau of Immigration@ and

>(ommission on the Settlement of 9and )roblems E

> SEC. . Section 3F, (hapter J, Title III, 1ook I of the same (ode, as amended, is

hereby further amended to read as follows6

>ES SEC. !. A new Section 3F-A, is hereby inserted in (hapter J, Title III, 1ook I of

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>ES SEC. 4. Section 3J, (hapter J, Title III, 1ook I of ES+&ce of the (hief )ublic Attorney and two ; .eputy (hief )ublic Attorneys to

serve as a *.eputy (hief )ublic Attorney for Administration* and placed in charge

of three divisions, namely@ Administrative@ !inancial )lanning and 8anagement@

and

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administrative regions of the country shall be headed by a 2egional )ublic

Attorney who shall be assisted by an Assistant 2egional )ublic Attorney The

authority and responsibility for the e%ercise of the mandate of the )A+ and for

the discharge of its powers and functions shall be vested in the (hief )ublicAttorney

>EThe +&ce of the (hief )ublic Attorney shall include his$her immediate sta , the

si% 7 line divisions in the (entral +&ce, the .eputy (hief )ublic Attorneys and

the 2egional, )rovincial, (ity, and 8unicipal .istrict +&ces

>EThe (hief )ublic Attorney shall have the same #uali'cations for appointment,

rank, salaries, allowances, and retirement privileges as those of the (hief State)rosecutor of the :ational )rosecution Service The .eputy (hief )ublic

Attorneys shall have the same #uali'cations for appointment, rank, salaries,

allowances, and retirement privileges as those of the Assistant (hief State

)rosecutor of the :ational )rosecution Service

>EThe services herein created shall each be headed by a sta director who shall

have the same #uali'cations for appointment, rank, salaries, allowances and

privileges as those of sta director of the :ational )rosecution Service

>EEThe 2egional )ublic Attorney and the Assistant 2egional )ublic Attorney shallhave the same #uali'cations for appointment, rank, salaries, allowances, and

retirement privileges as those of a 2egional State )rosecutor and the Assistant

2egional State )rosecutor of the :ational )rosecution Service respectively

>EThe )rovincial )ublic Attorney, (ity )ublic Attorney and the 8unicipal .istrict

)ublic Attorney shall have the same #uali'cations for appointment, rank,

salaries, allowances and retirement privileges as those of a )rovincial )rosecutor

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and (ity )rosecutor as the case may be, of the :ational )rosecution Service,

respectively

>EThe other administrative personnel in the )A+ shall have the rank and salaries

e#uivalent to their counterpart in the :ational )rosecution Service E

> SEC. #. :ew sections are hereby inserted in (hapter J, Title III, 1ook I of

ES

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>ESESESEThe envelope or wrapper of the privileged mail matter shall bear on the left

upper corner *)ublic Attorney*s +&ce* together with its address and on the right

upper corner, the word *)rivate or unauthori0ed use to avoid payment ofpostage is penali0ed by 'ne or imprisonment or both *E

> SEC. $. Ratio of Public Attorney"s Position to an Organized Sala . - There

shall be a corresponding number of public attorney*s positions at the ratio of one

public attorney to an organi0ed sala and the corresponding administrative and

support sta thereto

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> SEC. %. Sections F3 and F;, (hapter 34, 1ook I of the same (ode, as amended, is

hereby further amended to read as follows6

>ES

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be considered as an implementation of the said salary increases as may be

provided by law The special allowance e#uivalent to the increase in the basic

salary as may be provided by law shall be converted as part of the basic salary

> SEC. 11. A ro riations . - The amount necessary for the initial implementation

of this Act shall be charged against the current 'scal year*s appropriations under

the budget of the )A+ Thereafter, such sums as may be necessary for the

continued implementation of this act shall be included in the Annual Ceneral

Appropriations Act

> SEC. 1 . %& le&enting Rules and Regulations . - ithin ninety ?4 days

from the approval of this Act, the .18 and )A+ shall adopt and issue the rulesand regulations for the e ective implementation of this Act

> SEC. 1!. Re ealing 'lause . - All laws, e%ecutive orders, presidential decrees,

presidential proclamations, letters of implementation, rules and regulations or

parts thereof inconsistent with the provisions of this Act are hereby repealed or

modi'ed accordingly

> SEC. 14. Se arability 'lause . - If any provision of this Act is declared invalid orunconstitutional, the provisions not a ected thereby shall continue to be in full

force and e ect

> SEC. 1". #ecti(ity . - This Act shall take e ect upon its approval 'fteen 3J

days following its publication in the ,/cial 4a-ette or in two ; newspaper of

general circulation in the )hilippines

> Canon 1"> Ho2ni//a 63 Sa/-nat>Fact3>Co:,/ainant3 *ene8icto Ho2ni//a an8 Att=. Fe8e2ico D. Rica7o2t a2e

:e: e23 o7 t e P i/i,,ine P- /ic Sc oo/ Teac e23 A33ociation PPSTA .

>Re3,on8ent Att=. E2ne3to S. Sa/-nat ;a3 a :e: e2 o7 t e ASSA La; an8

A33ociate3 ; ic ;a3 t e 2etaine8 co-n3e/ o7 t e PPSTA.

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> (omplainants 'led an intra-corporate case against ))STAHs 1oard of .irectors for

the terms 3??;-3??J and 3??J-3??B before the Securities and 2espondentHs brother, Aurelio S Salunat, was a member of the ))STA 1oard

which approved respondentHs engagement as retained counsel of ))STA

>Co:,/ainant3>Re3,on8ent ;a3 5-i/t= o7 conJict o7 inte2e3t eca-3e e ;a3 en5a5e8

= t e PPSTA o7 ; ic co:,/ainant3 ;e2e :e: e23 an8 ;a3 ein5

,ai8 o-t o7 it3 co2,o2ate 7-n83 ; e2e co:,/ainant3 a6e cont2i -te8.> .espite being told by ))STA members of the said conGict of interest, respondent

refused to withdraw his appearance in the said cases> =e violated 2ule 3J 47 of the (ode of )rofessional 2esponsibility when he

appeared at the meeting of the ))STA 1oard and assured its members that he

will win the ))STA cases>Re3,on8ent>He on/= 2e,2e3ente8 t e *oa28 o7 Di2ecto23 in OM* Ca3e ; e2e e /e8

a Mani7e3tation o7 EBt2e:e U25enc= an8 ,2a=e8 7o2 t e 8i3:i33a/ o7 t e

co:,/aint> =is relationship to Aurelio S Salunat was immaterial@ and that when he entered

into the retainer contract with the ))STA 1oard, he did so, not in his individual

capacity, but in representation of the ASSA 9aw !irm> =e denied that he ensured the victory of the ))STA 1oard in the case he was

handling, and that he only assured the 1oard that the truth will come out and

that the case before the +mbudsman will be dismissed for lack of "urisdiction,

considering that respondents therein are not public o&cials, but private

employees> (omplainant Atty 2icafort was himself guilty of gross violation of his oath of

o&ce amounting to gross misconduct, malpractice and unethical conduct for

'ling trumped-up charges against him

>I*P 2e3,on8ent e 3-3,en8e8 72o: t e ,2actice o7 /a; 7o2 # :ont 3>SC

>( N 2e3,on8ent ;a3 5-i/t= o7 52o33 :i3con8-ct an8 6io/ation o7 t eCo8e o7 P2o7e33iona/ Re3,on3i i/it=. )ES.

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>Re3,on8ent ;a3 5-i/t= o7 6io/atin5 R-/e 1".+!. T e2e i3 ,o33i i/it= 7o2

conJict o7 inte2e3t ; en a /a;=e2 en5a5e8 = a co2,o2ation 8e7en83

:e: e23 o7 t e oa28 o7 t e 3a:e co2,o2ation in a 8e2i6ati6e 3-it. In

t i3 ca3e 2e3,on8ent ;a3 5-i/t= o7 conJict o7 inte2e3t ; en e2e,2e3ente8 t e ,a2tie3 a5ain3t ; o: i3 ot e2 c/ient t e PPSTA /e8

3-it.

>On conJict o7 inte2e3t>T e2e i3 conJict o7 inte2e3t ; en>a /a;=e2 2e,2e3ent3 incon3i3tent inte2e3t3 o7 t;o o2 :o2e o,,o3in5

,a2tie3.> if the acceptance of the new retainer will 2e@-i2e t e atto2ne= to ,e27o2: an

act ; ic ;i// inK-2io-3/= aTe3t3>( et e2 o2 not in e a/7 o7 one c/ient it i3 t e /a;=e2 3 8-t= to 5 t 7o2

an i33-e o2 c/ai: -t it i3 i3 8-t= to o,,o3e it 7o2 t e ot e2 c/ient In

brief, if he argues for one client, this argument will be opposed by him when he

argues for the other client )ineda, 9egal and /udicial ( et e2 t e acce,tance o7 a ne; 2e/ation ;i// ,2e6ent an atto2ne= 72o:

t e 7-// 8i3c a25e o7 i3 8-t= o7 -n8i6i8e8 8e/it= an8 /o=a/t= to i3

c/ient o2 in6ite 3-3,icion o7 -n7ait 7-/ne33 o2 8o- /e 8ea/in5 in t e

,e27o2:ance t e2eo7. Agpalo, 9egal On 8e2i6ati6e 3-it3>De2i6ati6e 3-it here corporate directors have committed a breach of trust

either by their frauds, ultra vires acts, or negligence, and the corporation is

unable or unwilling to institute suit to remedy the wrong a 3toc? o/8e2 :a=

3-e on e a/7 o7 i:3e/7 an8 ot e2 3toc? o/8e23 an8 7o2 t e ene t o7

t e co2,o2ation to 2in5 a o-t a 2e82e33 o7 t e ;2on5 8one 8i2ect/= to

t e co2,o2ation an8 in8i2ect/= to t e 3toc? o/8e23.> The corporation is the real party in interest while the stockholder 'ling suit for the

corporationHs behalf is only nominal party

>A /a;=e2 en5a5e8 a3 co-n3e/ 7o2 a co2,o2ation cannot 2e,2e3ent

:e: e23 o7 t e 3a:e co2,o2ation 3 oa28 o7 8i2ecto23 in a 8e2i6ati6e

3-it 2o-5 t a5ain3t t e:. To do so would be tantamount to representing

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conGicting interests, which is prohibited by the (ode of )rofessional

2esponsibility

>In t e ca3e at a2 2e3,on8ent ;a3 5-i/t= o7 conJict o7 inte2e3t ; en e

2e,2e3ente8 t e ,a2tie3 a5ain3t ; o: i3 ot e2 c/ient t e PPSTA /e83-it. Anent the +81 case, by 'ling the 8anifestation of Con3i8e2in5 o;e6e2 t at t i3 i3 i3 23t oRULING>2espondent Atty =e is ADMONISHED to observe a higher degree of 'delity in the practice of his

profession>=e is further (ARNED that a repetition of the same or similar acts will be dealt

with more severely

> Gon a/e3 63 Ca -cana>FACTS>Con0ales being counseled by the law 'rm (abucana, (abucana, .e Cu0man and

(abucana 9aw +&ce, 'led a civil case that was awarded to them in a "udicial

ruling and asked Catcheco to e%ecute such however Catcheco failed to do so

and Con0ales 'led a complaint>Catcheco harassed Con0ales and subse#uently Con0ales 'led a criminal case

Atty 8arcelino (abucana, /r , represented Catcheco>Con0ales 'led an administrative case saying that (abucana violated the lawyer-

client relationship due to conGict of interest>SC>(ON t e2e i3 a 6io/ation o7 t e Co8e o7 P2o7e33iona/ Re3,on3i i/it= 7o2

conJict o7 inte2e3t )ES>the rule is that the lawyer is barred from representing conGicting interests e%cept

by written consent of all concerned given after a full disclosure of the facts

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because people are e%pected to entrust their secrets to their lawyers

Acceptance of a new relation would prevent the full discharge of the lawyerHs

duty of undivided 'delity and loyalty to the client or invite suspicion of

unfaithfulness or double-dealing in the performance of that duty>Although the 'rm was the one who represented the civil case the person is still in

representation of the 'rm It at the least invite suspicion of double-dealing>It is however mitigated by the fact that the case was done in good faith and with

no malice as supported by the 'ndings of I1) (ommissioner 2eyes and Con0ales

move of withdrawing the case> )is osition 2espondent 'ned and given a stern warning> De G- :an 63 8e Dio3>.e Cu0man sought the assistance of Atty .e .ios in forming a corporation

engaged in hotel and restaurant business They were able to have Su0uki 1each=otel Incorporated S1=I registered with the Securities and .e Cu0man was the ma"ority stockholder She subscribed to ;?, 44 shares, she

paid up )BFJ,444 44 during the stage of incorporation =owever, the remaining

;;,;J4 shares amounting to );,;DJ,444 44 was left unpaid>The corporation, upon the advice of Atty .e .ios re#uired .e Cu0man to pay the

unli#uidated shares 9ater, they were auctioned and ac#uired by 2amon del

2osario, one of the incorporators of S1=I 1ecause of this, .e Cu0man wasousted from the corporation completely hile Atty .e .ios rose to be the

president of the corporation>In defense, Atty .e .ios argued that she represents the corporation, not .e

Cu0man in her personal capacity 8oreover, what she did was for the best

interest of the corporation, which was on the verge of bankruptcy then>SC>(ON Att=. De Dio3 i3 5-i/t= o7 2e,2e3entin5 conJictin5 inte2e3t. *es.

+Reasoning

>Cranting that the sale of her delin#uent shares was valid, .e Cu0man still has

original shares of )BFJ,44 44, enough for her not to be ousted from the

corporation

>There was an atty-client relationship between .e .ios and .e Cu0man The

latter was the one who retained her as counsel not the corporation

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>There was evidence of collusion between the board of directors and respondent

.e .ios became the president – a clear case of conGict of interest of the

respondent

> )is osition Atty .e .ios was SLS) Fact3>(omplainant :estor )ere0 charged respondent Atty .anilo de la Torre with

misconduct or conduct unbecoming of a lawyer for representing conGicting

interests>)ere0 is the barangay captain of 1inanuaanan, (alabanga, (amarines Sur +n

.ecember ;443, several suspects for murder and kidnapping for ransom,

among them Sonny 1oy Ilo and .iego Avila, were apprehended and "ailed by the

police authorities@ that respondent went to the municipal building of (alabanga

where Ilo and Avila were being detained and made representations that he could

secure their freedom if they sign the prepared e%tra"udicial confessions@ that

unknown to the two accused, respondent was representing the heirs of the

murder victim@ that on the strength of the e%tra"udicial confessions, cases were

'led against them, including herein complainant who was implicated in the

e%tra"udicial confessions as the mastermind in the criminal activities for which

they were being charged>2espondent denied the accusations against him =e e%plained that while being

detained at the (alabanga 8unicipal )olice /ail, Avila sought his assistance in

drafting an e%tra"udicial confession regarding his involvement in the crimes of

kidnapping for ransom, murder and robbery>=e advised Avila to inform his parents about his decision to make an e%tra"udicial

confession, apprised him of his constitutional rights and of the possibility that he

might be utili0ed as a state-witness>2espondent claimed that when Ilo sought his assistance in e%ecuting his

e%tra"udicial confession, he conferred with Ilo in the presence of his parents@ and

only after he was convinced that Ilo was not under undue compulsion did he

assist the accused in e%ecuting the e%tra"udicial confession> I33-e> hether .e la Torre represented conGicting interests> He/8 R-/in5>There is conGict of interests when a lawyer represents inconsistent interests of

two or more opposing parties

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>The test is Ewhether or not in behalf of one client, it is the lawyerHs duty to 'ght

for an issue or claim, but it is his duty to oppose it for the other client In brief, if

he argues for one client, this argument will be opposed by him when he argues

for the other client E>This rule covers not only cases in which con'dential communications have been

con'ded, but also those in which no con'dence has been bestowed or will be

used>There is a representation of conGicting interests if the acceptance of the new

retainer will re#uire the attorney to do anything which will in"uriously a ect his

'rst client in any matter in which he represents him and also whether he will

be called upon in his new relation, to use against his 'rst client any knowledge

ac#uired through their connection>The prohibition against representing conGicting interest is founded on principles

of public policy and good taste In the course of a lawyer-client relationship, the

lawyer learns all the facts connected with the clientHs case, including the weak

and strong points of the case The nature of that relationship is, therefore,

one of trust and con'dence of the highest degree It behooves lawyers not only

to keep inviolate the clientHs con'dence, but also to avoid the appearance of

impropriety and double-dealing for only then can litigants be encouraged to

entrust their secrets to their lawyers, which is of paramount importance in the

administration of "ustice>To negate any culpability, respondent e%plained that he did not o er his legal

services to accused Avila and Ilo but it was the two accused who sought his

assistance in e%ecuting their e%tra"udicial confessions :onetheless, he acceded

to their re#uest to act as counsel after apprising them of their constitutional

rights and after being convinced that the accused were under no compulsion to

give their confession>The e%cuse proferred by the respondent does not e%onerate him from the clear

violation of 2ule 3J 4D of the (ode of )rofessional 2esponsibility which prohibits

a lawyer from representing conGicting interests e%cept by written consent of

all concerned given after a full disclosure of the facts>As found by the I1), at the time respondent was representing Avila and Ilo, two of

the accused in the murder of the victim 2esurreccion 1arrios, he was

representing the family of the murder victim (learly, his representation of

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opposing clients in the murder case invites suspicion of double-dealing and

in'delity to his clients> hat is unsettling is that respondent assisted in the e%ecution by the two

accused of their confessions whereby they admitted their participation in

various serious criminal o enses knowing fully well that he was retained

previously by the heirs of one of the victims 2espondent, who presumably

knows the intricacies of the law, should have e%ercised his better "udgment

before conceding>to accusedHs choice of counsel It did not cross his mind to inhibit himself from

acting as their counsel and instead, he even assisted them in e%ecuting the

e%tra"udicial confession> R-/in5 6 Atty .anilo de la Torre is found CLI9TM of violation of 2ule 3J 4D of the

(ode of )rofessional 2esponsibility for representing conGicting interests =e is

SLS)(ourt ruled in favor of defendants and 9ydio retained services of 1aguio as legal

advisor and counsel for his businesses until 9ydioHs death in 3??7>+n +ctober, ;444, he represented spouses 2aleigh and :oemi in a case 'led

against complainants involving the property sub"ect in the 'rst case It sought

declaration of nullity of deed of sale>(omplainants claim that 3 Spouses !alameHs interests are adverse to those of his

former client, 9ydio, ; Pnowingly made false statements of factD 1aseless and

fabricated suit

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>1aguio contended that it was 2aleigh who engaged his services on 9ydioHs behalf

and 2aleigh paid him his fees =e also signed "urat in 2elaighHs a&davit in the

'rst case believing there is good ground to support it .id not reveal any fact in

'rst civil case Said 9ydio did not retain him as counsel and 3; year gap betweenthe two cases

>I1) - The complainants are sued not on the basis of the acts, rights, obligations

and interest of 9ydio !alame on the material possession of the improvements

found on 9ot DFJ litigated in (ivil (ase :o A-;7?F nor even on such land itself,

but rather on the facts alleged in the second amended and supplemental

complaint which give rise to their cause of action against them>I1) - administrative complaint had been 'led out of time since it was 'led on 37

/anuary ;44F, or three D years, four F months and si%teen 37 days after thesecond civil case was 'led on ;D +ctober ;444

>SC>Ha3 action ,2e3c2i e8 NO> instant administrative action is not barred by prescription>G-i/t= o7 6io/atin5 1".+! )ES>There is violation of 3J 4D :ot raised in initiatory pleading but put forward in

position paper 'led with I1) and petition 'led with the (ourt>a lawyer may only be allowed to represent a client involving the same or a

substantially related matter that is materially adverse to the former client only if the former client consents to it after consultation The rule is grounded in the

'duciary obligation of loyalty In the course of a lawyer-client relationship, the

lawyer learns all the facts connected with the client*s case, including the weak

and strong points of the case The nature of that relationship is, therefore, one

of trust and con'dence of the highest degree>The termination of attorney-client relation provides no "usti'cation for a lawyer to

represent an interest adverse to or in conGict with that of the former client>(anon 3B - The protection given to the client is perpetual and does not cease

with the termination of the litigation, nor is it a ected by the party*s ceasing to

employ the attorney and retaining another, or by any other change of relation

between them It even survives the death of the client>=e represented 9ydio and 2aleigh /+I:T9M hile complainants have never been respondent*s clients, they derive their rights

to the property from 9ydio*s ownership of it which respondent maintained in the

'rst civil case

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>2aleighHs cause is adverse to former client so guilty of representing conGicting

interests>R-/in5 Re,2i:an8> Re5a/a 63 San8i5an a=an

>This is an o shoot of the complaint before the Sandiganbayan through the )(CC

against disclosure of identity of clients

>submission of docs substantiating lawyer-client relationship

>submission of deeds of assignments petitioners e%ecuted in favor of its clients

covering their respective shareholdings

>)(CC presented supposed proof to substantiate compliance by 2oco of the saidconditions

>Sandiganbayan denied e%clusion of petitioners fr the )(CC case That denial is

now being #uestioned

>

ISSUES >(ON /a;=e2 c/ient con 8entia/it= a,,/ie3 in t i3 ca3e )ES>)(CC is not really after the petitioners but the Nbigger 'shO This is clear fr the

)(CCHs willingness to cut a deal w$ petitioners – the names of clients in

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e%change for e%clusion fr complaint>9awyer-client relationship is based on contract of lease of svcs and contract of

agency 1ut it is more than relationship of principal-agent and lessor-lessee An

atty possesses special powers of trust given by client =e also occupies #uasi-

"udicial ofc since he is an o&cer of the court>+ld (ode of (ivil )rocedure forbids counsel w$o authority of client to reveal

communication or advise given in course of professional employment This was

passed on into the 2ules of (ourt>(anon 3B of (ode of )rofessional 2esponsibility says that a lawyer owes 'delity to

cause of his client (anon 3J of the (anons of )rofessional The right to counsel of an accused is also involved in this issue If client were

made to choose bet legal representation w$o e ective communication and

disclosure and legal representation w$ all his secrets revealed then he might be

compelled to stay away fr "udicial system or lose right to counsel>C)rivilege generally pertains to sub"ect matter of the relationship>.ue process re#uires that the opposing party should, as a general rule, know his

adversary

>It is also privileged where disclosure would open the client to civil liability>It is also privileged when govtHs lawyers have no case against an attyHs client

unless, by revealing the clientHs name, the said name would furnish the only link

that would be necessary to convict an individual of a crime>Apart fr the e%ceptions above, other situations could #ualify as e%ceptions Info

relating to the identity of client may fall w$in privilege when clientHs name itself

has independent signi'cance such that disclosure would reveal client

con'dence>The instant case !A99S L:.

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lead to establish the clientHs connection w$ the very fact in issue Also, the link

bet the o ense and the legal advice$svc was duly established by no less than

the )(CC itself )etitioners have a legitimate fear that identifying their clients

would implicate them 2evelation of the name would provide the link forprosecution to build its case, where none otherwise e%ists

>It is di when the client consults atty for illicit purposes, seeking advice on how to

around the law In this case, a client thinks he might have previously committed

something illegal and consults atty abt it>(ourt is trying to avoid 'shing e%pedition by the prosecution After all, there are

alternative sources of info available to prosecutor w$c does not depend on

utili0ing a defendantHs counsel as convenient and readily available source of

info>9awyer-client con'dentiality and loyalty e%ists not only during relationship but

even after termination of the relationship> (ON Roco an8 t e ACCRA /a;=e23 a2e 3i:i/a2/= 3it-ate8 t -3 :a?in5

t e 8enia/ o7 t e ACCRA /a;=e23 eBc/-3ion 72o: t e PCGG ca3e a

6io/ation o7 e@-a/ ,2otection c/a-3e. )ES>2espondents failed to show that 2oco actually revealed the identity of his clients

)(CC shld show that 2oco was treated as a species apart fr the A((2A lawyers

on basis of classi'cation w$c made substantial distinctions based on realdi erences :o such substantial distinctions e%ist

>-

>RULING RESOLUTIONS OF THE SANDIGAN*A)AN ARE ANNULLED AND

SET ASIDE.

> SEPARATE OPINION

> VITUG>I 'nd it unreasonable for Sandiganbayan to compel petitioners to breach the trust

reposed on them and succumb to a thinly disguised threat of incrimination

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> DAVIDE 8i33ent>The prerogative to determine who shall be made defendants in a civil case is

initially vested in plainti )(CC in this case There has been an

agreement$compromise settlement bet )(CC and 2oco If 2ocoHs revelation

violated con'dentiality of lawyer-client, he would be solely answerable to his

principals$clients and probably to the (ourt>!or A((2A lawyers to be e%cluded, they must perform certain obligations as 2oco

did>(on'dentiality is not a cause to e%clude a party It is merely a ground for

dis#uali'cation of a witness and may be invoked at an appropriate time :one

of the lawyers in this case is being re#uired to testify>State has right to recover properties unlawfully ac#uired by public

o&cials$employees, from them or from their nominees or transferees>2ules of (ourt re#uires that complaint be against all persons who appear to be

responsible>)rivilege does not e%tend to further criminal conduct>.isclosure of clientHs identity is necessary proof of e%istence of lawyer-client

relationship and is not privileged info

> PUNO 8i33ent>)erson claiming atty-client privilege must present underlying facts ithout

proofs, (ourt has no factual basis to determine whether petitioners fall w$in

e%ception to the general rule

> Peo,/e 63 San8i5an a=an>FACTS>2espondent )aredes, the Covernor of Agusan del Sur applied for a free patent

over a lot =is application was approved and a title was issued to him>.irector of lands 'led an action to cancel the title since land was already

reserved as a school site The trail court nulli'ed it when it found that )aredes

obtained this through fraudulent misrepresentation>)er"ury was 'led against )aredes, but the proceedings was terminated due to

prescription 2espondent Sansaet was the counsel for )aredes in this case>)aredes was again investigated by the Tanodbayan, since it was believed he

abused his position as former provincial attorney to inGuence the 1ureau of

9ands o&cials to act on his application for free patent Sansaet still counsel

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>(riminal case was 'led before the Sandiganabayan charging )aredes, however a

motion to #uash was granted due to prescription>A ta%payer, Celacio, initiated per"ury charges against )aredes, claiming that he

along with Sansaet and =onrada clerk of court , all respondents in this case

Celacio claimed that they falsi'ed and submitted these documents, which were

transcripts of stenographic notes during the arraignment of the previous per"ury

charge These were used in )aredesH previous case to support his contention

that it would be double "eopardy>There was no notice of arraignment received by the 'scal in Agusan for the

per"ury case, and a certi'cation of )residing /udge said that the per"ury case did

not reach the arraignment stage because is was suspended>Sansaet claimed that he only did it upon the instigation and inducement of

respondent )aredes>+mbudsman approved the 'ling of falsi'cation charges )eople 'led a motion to

discharge Sansaet as a state witness>Sandiganbayan, invoking attorney client privilege, resolved to deny it>SC>(oN t e ,2oKecte8 te3ti:on= o7 2e3,on8ent San3aet a3 ,2o,o3e8 3tate

;itne33 i3 a22e8 = atto2ne= c/ient ,2i6i/e5e. – No> )rivilege cannot apply in this case because it falls under the e%ception> It may be assumed that information was passed regarding the 'rst falsi'cation

case, and this is e%pected since Sanseat was the counsel The privilege covers

any form of communication, whether witten or verbal> =owever, the falsi'ed documents were 'led by the counsel himself A distinction

must be made between con'dential communication relating to past crimes

already committed and future crimes intended to be committed by the client An

announcement of an intention to commit a crime in not included under the

privilege

> In so far as the past crimes are concerned, it was committed in the past, but thedate to consider is the date when the privileged communication was made by

the cluent to the attorney in relation to the crime committed If client seeks

lawyers advice after he does a crime, this info is protected, however if he seeks

legal advice about committing a crime in the future this is not covered> In the present case, the testimony desired from Sansaet are the communications

made to him when they were about to falsify, or in the process of falsifying the

documents which were 'led by counsel at the Tanodbayan (rim was not yet

committed

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> !urthermore, counsel was himself a conspirator The privilege only e%tends to a

lawful purpose>(oN a3 a con3e@-ence t e2eo7 e i3 e/i5i /e 7o2 8i3c a25e to te3ti7= a3

a ,a2tice,3 c2i:ini3. – )e3

>Sandiganabayan did not pass upon this #uestion The consolidation of threecases have "oined it and thus causing the loss of separate identities

>The rule is that in a conspiracy the act of one is act of all To be a state witness

one of the re#uirements is that he does not appear to be the most guilty>In past cases, the (ourt took into account the gravity and the nature of the acts,

and not "ust the penalty since in conspiracy it is e#ual>=e may be presented as a witness since other re#uirements are also present 6 he

is the only cooperative eyewitness absolute necessity , testimony can be

substantially corroborated on its material point by reputable witnesses, and itdoes not appear that he has been convicted of a o ense involving moral

turpitude>RULING ,etition 52ante8

> Ca3ti//o 63 San8i5an a=an>FACTS>+n /uly ;D, 3? B, the 2epublic of the )hilipines !iled with the Sandiganbayan a

complaint for reconveyance, reversion, accounting, restitution and damagesagainst several persons, one of which is petitioner The complaint alleges that-

defendant Cregorio (astilo acted as dummy, nominee and$or agent of

defendants !erdinand 8arcos, Imelda 8arcos, et al in establishing =otel

)roperties, Inc in order to ac#uire bene'cial interest and control, and conceal

ownership, of Silahis =otel@ defendant Cregorio (astillo signed all pertinent

documents as attorney-in-fact of the defendants +n +ctober 3??;, petitioner died>+n +ctober 3J, 3??7, petitioner, represented by his heirs, 'led a 8otion to

.ismiss on the ground that the complaint against him is violative of the lawyer-

client con'dentiality privilege and must be dismissed pursuant to the Supreme

(ourtHs decision in 2egala v Sandiganbayan>+n :ovember ;7, 3?? , the Sandiganbayan denied the motion to dismiss

2espondent contends that the ruling in 2egala does not apply to the present

case, because in said case, there was a clear 'nding that the A((2A lawyers

were impleaded by the )(CC as co-defendants to force them to disclose theidentity of their clients as shown by )(CCHs willingness to cut a deal with the

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A((2A lawyers – the names of their clients in e%change for e%clusion from the

complaint In this case, the petitioner is being sued as a principal defendant for

being in conspiracy with other defendants in the commission of the acts

complained of and he is not being re#uired to name his clients>SC>(ON ,etitione2 3 inc/-3ion in t e co:,/aint 6io/ate3 t e /a;=e2 c/ient

con 8entia/it= ,2i6i/e5e )ES> hile it is true that unlike in 2egala, petitioner in not being re#uired to name his

clients, the case of 2egala is still applicable in the present case because the two

cases are the same in more important aspects>The fact of the lawyer-client relationship between petitioner and defendants

Similar to the petitioners in 2egala, petitioner is not a mere witness =e is a co-

principal in the case for recovery of ill-gotten wealth =e has made his position

clear from the very beginning that he is not willing to testify and he cannot be

compelled to testify in view of his constitutional right against self-incriminationand of his fundamental legal right to maintain inviolate the privilege of attorney-

client con'dentiality>Since the doctrine of adherence to "udicial precedents or stare decisis is provided

in Art of the (ivil (ode, Sandiganbayan is ordered to e%clude petitioner

Cregorio (astillo as party defendant in the case 2) v RULING =;F, 3?? and !ebruary 3 , 3??? are hereby A::L99+n +ctober 3D, ;443, aleriana L .alisay, complainant, engaged respondentHsservices as counsel in (ivil (ase :o 44-4FF, entitled N $ucio De 4u-man& etc.&

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complainants& v. Dalisay 6. 2aleriana& respondent&7 pending before the

8unicipal Trial (ourt, 1ranch 3, 1inangonan, 2i0al :otwithstanding his receipt

of documents and attorneyHs fees in the total amount of )J7,444 44 from

complainant, respondent never rendered legal services for her As a result, sheterminated the attorney-client relationship and demanded the return of her

money and documents, but respondent refused

>+n /anuary 3D, ;44F, Investigating (ommissioner 9ydia A :avarro of the

Integrated 1ar of the )hilippines I1) (ommission on 1ar .iscipline, found that

Nfor the amount of )J7,444 44 paid by the complainant % % %, no action had

been taken nor any pleadings prepared by the respondent O She recommended

that respondent be re#uired to refund the amount of )J7,444 44 to the

complainant, and surprisingly, that the complaint be dismissed +n !ebruary ;B,

;44F, the I1) 1oard of Covernors passed 2esolution :o K I-;44F-3;3, adopting

and approving in toto (ommissioner :avarroHs 2eport and 2ecommendation

>+n April ;;, ;44J, we rendered the assailed .ecision Incidentally, upon learning

of our .ecision, respondent went to the 8T(, 1ranch I, 1inangonan, 2i0al to

verify the status of (ivil (ase :o 44-4FF There, he learned of the trial courtHs

.ecision dated .ecember 7, ;443 holding that Nthe ta% declarations and titleO

submitted by complainant Nare not o&cial records of the 8unicipal Assessor and

the 2egistry of .eed O Thereupon, respondent 'led a Sworn A&davit (omplaint

against complainant charging her with violations of Article 3B3 and 3B; and$or

Article 3 ; of the 2evised )enal (ode =e alleged that complainant o ered

tampered evidence

> In this motion for reconsideration& respondent raises the following

arguments

> First complainant did not engage his services as counsel in (ivil

(ase :o 44-4FF She hired him for the purpose of 'ling two new

petitions, a petition for declaration of nullity of title and a petition for

review of a decree

> Second & (ivil (ase :o 44-4FF was Nconsidered submitted for

decisionO as early as August 7, ;443, or more than two months prior

to +ctober 3D, ;443, the date he was engaged as counsel, hence,

Nhe could not have done anything anymoreO about it

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> ,-ird complainant refused to provide him with documents related to

the case, preventing him from doing his "ob And

> fourt- complainant o ered tampered evidence in (ivil (ase :o 44-

44F, prompting him to 'le falsi'cation cases against her>In her opposition to the motion, complainant contends that66

> 1 respondent violated the principle of con'dentiality between a lawyer and his

client when he 'led falsi'cation charges against her@

> respondent should have returned her money@

> ! respondent should have veri'ed the authenticity of her documents earlier if

he really believed that they are falsi'ed@ and

> 4 his refusal to return her money despite this (ourtHs directive constitutes

contempt

>(ON 2e3,on8ent /a;=e2 3 o-/8 e 8i3ci,/ine8 7o2 7ai/in5 to 2en8e2

3e26ice3 8e3,ite ,a=:ent o7 i3 c/ient )ES

>It is a%iomatic that no lawyer is obliged to act either as adviser or advocate

for every person who may wish to become his client =e has the right to decline

employment 1ut once he accepts money from a client, an attorney-client

relationship is established, giving rise to the duty of 'delity to the clientHs

cause !rom then on, he is e%pected to be mindful of the trust and con'dence

reposed in him =e must serve the client with competence and diligence, and

champion the latterHs cause with wholehearted devotion

>- 2espondent assumed such obligations when he received the amount of

)J7,444 44 from complainant and agreed to handle (ivil (ase :o 44-4FF

Lnfortunately, he had been remiss in the performance of his duties As we

have ruled earlier, N t e2e i3 not in5 in t e 2eco283 to 3 o; t at e

2e3,on8ent ente2e8 i3 a,,ea2ance a3 co-n3e/ o7 2eco28 7o2

co:,/ainant in Ci6i/ Ca3e No. ++ +44. O :either is there any evidence nor

pleading submitted to show that he initiated new petitions

>Lndoubtedly, respondentHs present version is a Gagrant departure from his

previous pleadings This cannot be countenanced A party should decide early

what version he is going to advance A change of theory in the latter stage of

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the proceedings is ob"ectionable, not due to the strict application of procedural

rules, but because it is contrary to the rules of fair play, "ustice and due process

The present administrative case was resolved by the I1) on the basis of

respondentHs previous admission that complainant engaged his legal services in(ivil (ase :o 44-4FF =e cannot now unbind himself from such admission and

its conse#uences In fact, if anything at all has been achieved by respondentHs

inconsistent assertions, it is his dishonesty to this (ourt

>At any rate, assuming arguendo that complainant indeed engaged respondentHs

services in 'ling the two ; new petitions, instead of (ivil (ase :o 44-4FF, still,

his liability is unmistakable There is nothing in the records to show that he

'led any petition The ethics of the profession demands that, in such a case, he

should immediately return the 'ling fees to complainant In Pari8as v. Paguinto ,

Q34R we held that N a /a;=e2 3 a// acco-nt 7o2 a// :one= o2 ,2o,e2t=

co//ecte8 72o: t e c/ient. Mone= ent2-3te8 to a /a;=e2 7o2 a 3,eci c

,-2,o3e 3-c a3 7o2 /in5 7ee -t not -3e8 7o2 7ai/-2e to /e t e ca3e

:-3t i::e8iate/= e 2et-2ne8 to t e c/ient on 8e:an8. O )er records,

complainant made repeated demands, but respondent is yet to return the

money

> - :either do we 'nd merit in respondentHs second argument The fact that (ivil

(ase :o 44-4FF was already Nsubmitted for decisionO does not "ustify his

inaction After agreeing to handle (ivil (ase :o 44-4FF, his duty is, 'rst and

foremost, to enter his appearance Sadly, he failed to do this simple task =e

should have returned complainantHs money S-2e/= e cannot eB,ect to e

,ai8 7o2 8oin5 not in5.

>- In his third argument, respondent attempts to evade responsibility by shifting

the blame to complainant =e claims that she refused to provide him with

documents vital to the case This is preposterous hen a lawyer accepts a

case, his acceptance is an implied representation that he possesses the

re#uisite academic learning, skill and ability to handle the case As a lawyer,

respondent knew where to obtain copies of the certi'cates of title As a matter

of fact, he admitted that his 9aw +&ce, on its own, managed to verify the

authenticity of complainantHs title It bears reiterating that respondent did not

take any action on the case despite having been paid for his services This is

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tantamount to abandonment of his duties as a lawyer and taking undue

advantage of his client

>- !inally, in an ironic twist of fate, respondent became the accuser of

complainant In his fourth argument respondent accuses her of o eringfalsi'ed documentary evidence in (ivil (ase :o 44-44F, prompting him to 'le

falsi'cation cases against her =e thus "usti'es his inability to render legal

services to complainant

>Assuming that complainant indeed o ered falsi'ed documentary evidence in (ivil

(ase :o 44-4FF, will it be su&cient to e%onerate respondent e believe not

0irst , (anon 3? outlines the procedure in dealing with clients who perpetrated

fraud in the course of a legal proceeding (onsistent with its mandate that a

lawyer shall represent his client with 0eal and only within the bounds of the law,

2ule 3? 4; of the same (anon speci'cally provides6

> R-/e 19.+ – A lawyer who has received information that his

clients has, in the course of the representation, perpetrated a

fraud upon a person or tribunal, 3 a// ,2o:,t/= ca// -,on t e

c/ient to 2ecti7= t e 3a:e , and 7ai/in5 ; ic e 3 a// te2:inate

t e 2e/ation3 i, ;it 3-c c/ient in acco28ance ;it t e R-/e3

o7 Co-2t

>As a lawyer, respondent is e%pected to know this 2ule Instead of inaction, he

should have confronted complainant and ask her to rectify her fraudulent

representation If complainant refuses, then he should terminate his relationship

with her

>Lnderstandably, respondent failed to follow the above-cited 2ule This is because

there is no truth to his claim that he did not render legal service to complainant

because she falsi'ed the documentary evidence in (ivil (ase :o 44-4FF This

brings us to the second reason why we cannot sustain his fourth argument

The pleadings show that he learned of the alleged falsi'cation long after

complainant had terminated their attorney-client relationship It was a result of

his active search for a "usti'cation of his negligence in (ivil (ase :o 44-4FF

>In 'ne, let it be stressed that the authority of an attorney begins with his or her

retainer It gives rise to a relationship between an attorney and a client that is

highly 'duciary in nature and of a very delicate, e%acting, and con'dential

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character, re#uiring a high degree of 'delity and good faith If much is

demanded from an attorney, it is because the entrusted privilege to practice law

carries with it the correlative duties not only to the client but also to the court,

to the bar, and to the public>RULING we DEN) respondentHs motion for reconsideration +ur .ecision dated

April ;;, ;44J is immediately e%ecutory 2espondent is directed to report

immediately to the +&ce of the 1ar (on'dant his compliance with our .ecision

> Aninon 63 Sa it3ana>Anion engaged the legal services of Atty Sabitsana re6 a Dee8 o7 Sa/e in her

favor over a parcel of land owned by her late co::on /a; -3 an8 *2i5i8o

CaneKa '2. >Atty Sabitsana allegedly violated her con'dence when he subse#uently /e8 a

ci6i/ ca3e a5ain3t e2 for the annulment of the .eed of Sale in e a/7 o7

&enai8a L. Caete t e /e5a/ ;i7e o7 *2i5i8o CaneKa '2> The complainant accused Atty Sabitsana of -3in5 t e con 8entia/

in7o2:ation e o taine8 72o: e2 in /in5 t e ci6i/ ca3e.>=e admitted having advised the complainant in the preparation and e%ecution of

the .eed but 8enie8 a6in5 2ecei6e8 an= con 8entia/ in7o2:ation>=e asserted that the present disbarment complaint was instigated by one Atty

Cabino elas#ue0, /r , the notary of the disbarment complaint, ; o /o3t a co-2t

ca3e a5ain3t i: Sa it3ana an8 a8 in3ti5ate8 t e co:,/aint 7o2 t i3

2ea3on.

>I1) (ommission on 1ar .iscipline found him administratively liable for

representing conGicting interests6>(iting 1autista vs 1arrios Nit was held that a lawyer may not handle a case to

nullify a contract which he prepared and thereby take up inconsistent positionsO> (iting In re .e la 2osa a lawyer may not represent conGicting interests in the

absence of the written consent of all parties concerned after being given after a

full disclosure of the facts (A:+: 3J 4D In t e ,2e3ent ca3e no 3-c

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;2itten con3ent ;a3 3ec-2e8 = 2e3,on8ent e7o2e acce,tin5

e:,/o=:ent a3 M23. Caete3 co-n3e/ o7 2eco28>(onGict of interest b$c they were contending claimants to the same propertyU>There is said to be inconsistency of interest when on behalf of one client it i3

t e atto2ne=3 8-t= to conten8 7o2 t at ; ic i3 8-t= to anot e2 c/ient2e@-i2e3 i: to o,,o3e

> I1) (ommissioner recommended suspension for 3 year V I1) 1oard fo Covernors

approved>SC>( N Sa it3ana 3 o-/8 e c a25e8 ;it :i3con8-ct 7o2 2e,2e3entin5

conJictin5 inte2e3t3 )e3>S( Adopt the 'ndings of the I1)>2elationship bet a lawyer and client W imbued w$ highest level of trust and

con'dence>D tests in determining conGict of interest6>whether a lawyer is duty-bound to 'ght for an issue or claim in behalf of one

client and, at the same time, to oppose that claim for the other client Thus, if a

lawyers argument for one client has to be opposed by that same lawyer in

arguing for the other client, there is a violation of the rule> ; et e2 t e acce,tance o7 a ne; 2e/ation ;o-/8 ,2e6ent t e 7-//

8i3c a25e o7 t e /a;=e23 8-t= o7 -n8i6i8e8 8e/it= an8 /o=a/t= to t e

c/ient o2 in6ite 3-3,icion o7 -n7ait 7-/ne33 o2 8o- /e 8ea/in5 in t e

,e27o2:ance o7 t at 8-t=>whether the lawyer would be called upon in the new relation to use against a

former client any con'dential information ac#uired through their connection or

previous employment>=is actions prove this6> One , his legal services were initially engaged by the complainant to protect her

interest over a certain property and on his advice, the .eed of Sale was

prepared and e%ecuted> T;o , he met with enaida to discuss = second , he impleaded the complainant as the defendant in the case@ and> third , the case he 'led was for the annulment of the .eed of Sale that he had

previously prepared and e%ecuted for the complainant

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>*= i3 act3 not on/= 8i8 Sa it3ana a52ee to 2e,2e3ent one c/ient a5ain3t

anot e2 c/ient in t e 3a:e actionQ e a/3o acce,te8 a ne;

en5a5e:ent t at entai/e8 i: to conten8 an8 o,,o3e t e inte2e3t o7

i3 ot e2 c/ient in a ,2o,e2t= in ; ic i3 /e5a/ 3e26ice3 a8 een,2e6io-3/= 2etaine8

>( N i3 2i5 t to 8-e ,2oce33 ;a3 6io/ate8 No> .ue process W opportunity to be informed of the charge and be heard or, as

applied to administrative proceedings, t e o,,o2t-nit= to eB,/ain one3 3i8e

o2 t e o,,o2t-nit= to 3ee? a 2econ3i8e2ation o7 t e action o2 2-/in5

co:,/aine8 o7 W all a orded to Atty Sabitsana>R-/in5>GUILT) of misconduct for representing conGicting interests in violation of 2ule

3J 4D, (anon 3J of the (ode of )rofessional 2esponsibility =e is

hereby SUSPENDED for one 3 year from the practice of law

> O2o/a 63 Ra:o3>Fact3

>-D groups in the settlement proceedings6>a =eirs of Trinidad- /osephine, 8yrna, 8anuel, 8ary Angelyn and 8ar"orie all

children repped by Atty illa>b =eirs of Antonio- Paren daughter , 8aricar wife repped by Atty A0arraga and

respondent supposedly>c -+rder removing -2espondent6>3 never appeared as counsel for ; nd group, only accommodated 8aricarHs

re#uest co0 their counsel was unavailable during /une 37 and /uly 3F ;447

hearings Appearance was free of charge>; =e obtained 8aricarHs consent to withdraw because no communications

transpired between them after hearings>D (onsulted 8aricar before appearing for F :o con'dential information was disclosed to him, he didnHt know that Antonio

had other heirs

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>J his representation for A99 +! T=IS SL))+2TSC> hether or not respondent is guilty of representing conGicting interests in

violation of 2ule 3J 4D of the (ode – M hether or not respondent is guilty of violating privileged communication rule

3J 4; of the (ode – :+ T=IS AS:HT 22ule only covers lawyer-client relationship, not for matters that arose after

relationship has been terminated>The ; groups removed

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> 2L9< .IS(LSSIn No6e: e2 ++# Piyoshi 'led a falsi'cation case against the siblings =is

lawyer was Atty :ui#ue, while Atty Sedillo appeared as counsel for the siblings>In Fe ++$ Piyoshi thru Pimura 1usiness (oncepts, Inc also 'led a civil

action for accounting, sum of money and attachment against the siblings>In Fe ++$ , Piyoshi 'led a motion to intervene in ;elson Patrimonio v DBP case,

which Atty Sedilla opposed>(omplaints against Atty Sedillo 'led by Atty :ui#ue6> iolating the prohibition on representing conGicting interests>.efense6 it was 8anuel who sought his legal assistance and not Piyoshi@ his client

is 8anuel, and the spouses Pimura were merely Nlitigation-bene'ciaries-in-

waitingO

>Lsing abusive language against and disrespecting the court

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>Atty Sedillo stated in his 8!2 in =( case that he Nwould have taken the

resolution with a grain of saltO>.efense6 it is a common phraseology that is neither o ensive nor disrespectful>Spreading rumors against a colleague in the legal profession

>That Atty :ui#ue supposedly detained Piyoshi and provided him with womenthis was after the =( case was dismissed

>.efense6 denial>In .ec ;, ;44 , Atty :ui#ue said he was no longer interested in pursuing his

complaint and prayed to withdraw the same 1ut S( said still continue because

case involves public interest>!eb ?, ;434, I1) Investigating (ommissioner found Atty Sedillo guilty of

2e,2e3entin5 conJictin5 inte2e3t3 since he was still the counsel of Piyoshi

since the Amasula case, and this relationship remained until /uly D3, ;44B Thus,

when he appeared for (iting

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8ea/in5 7o2 on/= t en can /iti5ant3 e enco-2a5e8 to ent2-3t t ei2

3ec2et3 to t ei2 /a;=e23 ; ic i3 ,a2a:o-nt in t e a8:ini3t2ation o7

K-3tice.>Atty SedilloHs representation of =is defense that it was 8anuel who was his client in the Amasula case is devoid

of merit =e himself admitted that 8anuel was merely the agent of the spouses

Pimura thru S)A That 8anuel was the one who actively prosecuted the said

case is of no conse#uence@ the real parties in interest in the case against

Amasula were the principals of 8anuel, i e , Piyoshi and RULING in view of the foregoing, the (ourt 'nds Atty

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>Atty 8utuc assured petitioner and his father that he would in#uire into the

matter, after which his services were reportedly contracted for )344,444

>!urther investigations revealed that the alleged debt of .ewey had actually been

incurred by 2amon Sy, with .ewey merely signing for the chits Atty 8utuc

talked with the president of (easarHs palace and advised the president that for

the sake and in the interest of the casino it would be better to make 2amon Sy

answer for the indebtedness The president told him that if he could convince

2amon Sy to acknowledge the obligation, .ewey would be e%culpated fromliability 2amon Sy acknowledged the obligation, thereafter, the account of

.ewey was cleared>Atty 8utuc sent demand letters to petitioner demanding the balance of )J4,444

as attorneyHs fees )etitioner .ee ignored said letters Atty 8utuc 'led a

complaint against petitioner .ee for the collection of attorneyHs fees>)etitioner denied the e%istence of any professional relationship of attorney and

client between hin and Atty 8utuc .ee insists that the visits made to Atty

8utuc was merely informal and that Atty 8utuc had not been speci'callycontacted to handle the problem The )J4,444 given to Atty 8utuc was alleged

to be given not in the nature of attorneyHs fees but merely pocket money>SC>( n t e2e ;a3 a /a;=e2 c/ient 2e/ation3 i, … )ES>The absence of a written contract will not preclude the 'nding that there was a

professional relationship which merits attorneyHs fees for professional services

rendered To establish the relationship, it is su&cient that the advice and

assistance of an attorney is sought and received in any matter pertinent to hisprofession An acceptance of the relation is implied on the part of the attorney

from his acting on behalf of his client in pursuance of a re#uest from the latter

Therefore, 8utuc is entitled to receive a reasonable compensation>Atty 8utuc did not represent conGicting interests as claimed by .ee when .ee

alleged that 8utuc was acting as agent of (easarHs )alace 8utucHs

representations in behalf of petitioner .ee were not in resistance to the casinoHs

claim but were actually geared toward proving the liability of true debtor,

2amon Sy

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> RULING the resolution of respondent (ourt of Appeals, dated !ebruary 3;, 3? B,

reinstating its original decision of 8ay ?, 3? 7 is hereby A!!I28 Me2ca8o 63 Sec-2it= *an? >Fact3>/ose Teo'lo T 8ercado and 8a Agnes 2 8ercado 'led a )etition for 2eview on

(ertiorari assailing the (A6>.ecision dated 8ay ;B, ;44D dismissing the petition for annulment of "udgment,

and@>2esolution dated +ctober ;D, ;44D denying their 8otion for 2econsideration

>The Supreme (ourt denied the petition for failure to show that a reversible errorhad been commited by the (A

>They 'led a 8otion for 2econsideration Their contention was that the (A merely

relied on technical rules of procedure in dismissing their petition, sacri'cing

their interest of "ustice and e#uity>The S( granted the motion and reinstated the petition They also re#uired

Security 1ank to comment on the petition>Security 1ankHs (omment6 issues raised in the present petition are mere rehash

of the issues petitioners raised before the Appellate (ourt>+n the issue of negligence of their counsel6 it cannot be considered as an

e%trinsic fraud because the same counsel actively pursued and recovered moral

damages and attorneys fees>And, if he refused to 'le before 2T(, they could "ust terminate his services and

hire another>)etition was again dismissed for lack of reversible error committed by the (A>8f2 was 'led, which was then again dismissed>A second 8f2 was 'led but it was dismissed because it was prohibited>8ercado the wrote a letter to (/ =ilario C .avide, /r , alleging, among others,

that6>According to his counsel, who happened to be very close to the ponente, the

ponente had to deny his petition because of the pressure on the part of the

(hief /ustice to favor the Security 1ank (orporation S1(>That after the land in dispute was bought by the buyer, the buyer bragged to the

petitionerHs nephew that he paid for such property after S1( told him that they

already have the go-signal from the ponente>Also stated that it was a highly unforgivable act of the (/, not only to Cod but to

=umanity as well

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>Atty illanueva, 8ercadoHs (ounsel, was re#uired to comment on 8ercadoHs

letter 8ercado was also called to (ourt They were both asked as to why they

should not be held in contempt of (ourt>8ercado, together with his new lawyer, appeared before the S( Third .ivision

and attested to the truth of his letter =e alleged that /ustice Angelina Sandoval-

Cutierre0 was in the wake of the mother of Atty illanueva, but while stating

and referring to / Cutierre0 such, he was pointing to /ustice (onchita (arpio

8orales>The S( Third .ivision issued resolutin re#uiring Atty 8acapagal to submit written

e%planation as why 8ercado should not be held in contempt of court>Atty illanueva6 categorically denied 8ercadoHs allegations in the letter>8ercado6 what he stated in the letter was only what Atty illanueva told him =e

even apologi0ed saying that he was under a lot of stress over the losing of his

residential house>They were both re#uired to appear before the (ourt>8ercado6 Atty illanueva bragged about being close to / Cutierre0> illanueva6 =e only found out who the ponente was from 8ercado>(A /ustice was assigned to receive evidence on factual issues presented in the

case>(A found 8ercado guilty of improper conduct tending to bring the authority and

the administration of "ustice by the (ourt into disrespect when he openly

belittled, degraded, and embarrassed the =ighest (ourt of the land, particularly

the (hief /ustice =owever, it was held that there was no showing that he acted

with malice and$or in bad faith or that he was properly motivated Thus, (A

recommended that 8ercado be 'ned in the sum of 've thousand pesos

)J,444 44

>SC>( N Me2ca8o acte8 ;it :a/ice o2 a8 7ait in i:,-tin5 t o3e

8e2o5ato2= an8 8i32e3,ect7-/ 2e:a2?3 a5ain3t C ie7 '-3tice Da6i8e an8

t e ,onente. )ES>1ad faith imputes a dishonest purpose or some moral obli#uity and conscious

doing of a wrong It contemplates a state of mind a&rmatively operating with

furtive design or some motive of self-interest or ill-will for ulterior purposes

8alice is of the same genre It connotes a sinister motive>8ercadoHs letter was marked with malice, bad faith, and gross disrespect =e

committed a remarkable feat of character assassination and honor vili'cation

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(ontrary to his claim that he is "ust verifying the truth of Atty illanuevas

statements, the words in his letter are more accusatory than in#uisitorial hat

is disconcerting is that his accusations have no basis in fact and in law

+bviously, they caused intense pain and humiliation on the part of (hief /ustice.avide and the ponente

>2(iting In re6 9aureta6 the (ourt is not duty-bound to render signed decisions all

the time It has ample discretion to formulate decisions and$or minute

resolutions, provided a legal basis is given depending on its evaluation of a

case>2e6 reinstatement of the petition6 The reinstatement of a petition does not

guarantee that it will be subse#uently granted +therwise, the 'ling of comment

and subse#uent pleadings would be an e%ercise in futility>(ontempt6>8ercado6 A person charged with contempt of court for his utterances which

clearly constitute contempt may not ordinarily escape liability by merely

invoking the constitutional guaranty of freedom of speech 9iberty of speech

must not be confused with abuse of such liberty hen he attributed those

contemptuous remarks to (hief /ustice .avide and the ponente, 8ercado

abused such liberty =is statements cast aspersions to their reputation andintegrity and create a distrust to the /udiciary

>Atty illanueva6 it was admitted that he and /ustice Cutierre0 have known each

other since 3?7F and that /ustice Cutierre0 was in the wake of his mother These

admissions tend to strengthen the allegations of petitioner that Atty illanueva

was the one who told him the name of the ponente@ that Atty illanueva told

him that he and the ponente are very close@ and that when petitioner attended

the wake of Atty illanuevas mother, he was told by Atty illanueva that /ustice

Cutierre0, the ponente, was coming>In informing 8ercado that he was a very very good, close and long time friend of

the ponente, Atty illanueva impressed upon the former that he can obtain a

favorable disposition of his case =owever, when his petition was dismissed

twice, 8ercados e%pectation crumbled This prompted him to hurl unfounded,

malicious, and disrespectful accusations against (hief /ustice .avide and the

ponente, in violation of 2ule 3J 4B of (anon 3J of the (ode of )rofessional

2esponsibility

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> 2esponsibility en"oins lawyers to observe and maintain the respect due to courts

and the "udicial o&cers Atty illanuevas conduct, no doubt, degraded the

integrity and dignity of (hief /ustice .avide and the ponente and this (ourt as

well

> R-/in5 1oth were found guilty of indirect contempt of court !ined J4k

>LETTER> +n 8arch ;F, ;44F, the Third .ivision, in its 2esolution,

granted our 8otion for 2econsideration and even gave

due course and reinstated our petition

> 1ut when I received the 2esolution dated /une B,;44F denying my )etition for 2eview on /uly 3;, ;44F, I

immediately called my counsel, Atty /ose ) illanueva,

on the phone I asked him why on earth

the ponente denied again my petition on the same

ground for failure of petitioners to show that a reversible

error had been committed by the appellate court M=

co-n3e/ 3ai8 t e onente in7o2:e8 i: t at 3 ea3 to 8en= o-2 ,etition on t e 3a:e 52o-n8

eca-3e o7 t e t2e:en8o-3 ,2e33-2e 72o: t e

C ie7 '-3tice to 7a6o2 Sec-2it= *an? Co2,o2ation

S*C . 1y the way, my counsel and the ponente are very

close and long time friends to each other hen I heard

the bad news, I was so shocked in disbelief It i3 t2-e

; at =o- 8i8 i3 -nt in?a /e -n5o8/= an8:a/icio-3 It i3 a/3o 6e2= 3-3,icio-3 t at a7te2 a 7e;

8a=3 a7te2 := con6e23ation ;it Att=. Vi//an-e6a

e an8 i3 7a:i/= /e7t 7o2 Lon8on /ea6in5 := ca3e

to t e ca2e o7 one o7 i3 A33ociate3. Late2 on

t e onente e23e/7 /e7t 7o2 t eU.S.A. to 6i3it e2

c i/82en. I3 t i3 a coinci8ence A3 t e 3a=in5

5oe3 !-en t-ere is s&o/e t-ere is re . Anothercoincidence, before the receipt of the 2esolution dated

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/une B, ;44F, denying our petition on the basis of S1(s

unsubstantiated (omment, S1(sold our property to 8

8iranda .evelopment (orporation and succeeded in

getting a permit to demolish the four F building erectedin our property from the !orbes )ark Association, even if

the case is still pending and we have not even

'led our 8otion for 2econsideration with the Supreme

(ourt, not to mention the $is Pendens annotated on the

title of the property in the name of S1( The person who

bought our property from S1( for )3;4,444,444 44 is

known to my nephew and us hile the buyer is drinking

with my nephew and others, not knowing that one of

them is my nephew, he bragged to them that he "ust

bought the property of the 8ercados in !orbes )ark T e

-=e2 3ai8 % aid already t-e ro erty because S '

told &e t-at t-ey already -a(e t-e go signal fro&

t-e onente to sell t-e ro erty. !ew days thereafter,

all the improvements in our property were totally

demolished by a construction company owned by my

provincemate in )ampanga by the name of 8r 1ana,

whom I personally met at the site while the demolition

was being carried out> Ha6e =o- no con3cience at a// A2e =o- not

ot e2e8 o7 t e na/ K-85:ent a7te2 /i7e I3 t i3 t e

/e5ac= =o- ;ant to i:,a2t to =o-2 c i/82en an8 a//

t e Fi/i,ino ,eo,/e ( at =o- 8i8 to := 7a:i/= an8

I i3 -n7o25i6a /e not on/= to Go8 an8 to -:anit=.

)o- a6e 8e,2i6e8 -3 o7 o-2 ,2ecio-3 ,o33e33i