8/16/2019 PALE Case Digest for Presentation 2
1/2
Gayya, Lorenzo Luigi T.
3B
Problem Area in Legal Ethics
JOY A. GIMENO, Complainant, v. ATTY. PAUL CENTILLAS ZAIDE,
Repon!ent.
A.C. No. "#$#$, Ap%il &&, "', (RION, J.
)a*t+
Joy Gimeno filed a comlaint !ith the "BP #ommission on Bar
$isciline %"BPB$', charging Atty. Paul (aide !ith thefollo!ing
allegations)
*. +suration of a notary ublics office-
− Atty. (aida allegedly notarized a artial etra/udicial artition
!ith deed of absolute sale e0en before he became a
la!yer-
1. 2alsification-
− Atty. (aida allegedly made false and irregular entries in his
notarial registers.
3. +se of intemerate, offensi0e and abusi0e language- and
− Gimeno contended that Atty. (aide called her a notorious
etortionist in the same administrati0e comlaint that
4omontan filed against her. "n another ci0il case !here she !as
not a arty, Gimeno obser0ed that Atty. (aide
referred to his oosing counsel as someone suffering from serious
mental incometence in one of his leadings.
5. 6iolation of la!yer&client trust
−According to Gimeno, she !as a former client of Atty. (aide !ho
!as then !ith the firm (aragoza&7a8abang8it&
(aide La! 9ffices %(7(' in an annulment of title case. But,
desite this re0ious relationshi, Atty. (aide aeared
against her in the comlaint for estafa and 0iolation of :A
3;*< filed against her !ith the 9mbudsman. =ence, Atty
(aide 0iolated the rohibition against reresenting conflict of
interest.
Atty. (aide denied the allegations. According to him, he ne0er
notarized the mentioned artial etra/udicial artition, as his
notarial stam and falsified signature !ere suerimosed o0er the
name of the la!yer !ho actually notarized the document. =e also
said that Gimeno !as ne0er his client since Gimeno engaged the
ser0ices of (7( and not him ersonally. "BPB$ recommended
Atty. (aides susension for nine months, but this !as increased
into one year by the "BP Board of Go0ernors.
Ie+ >hether or Atty. (aide is administrati0ely
liable.
Rlin-+ ?es. At the onset, Atty. (aide !as absol0ed from the
charge of usuration of a notary ublics office due to
insufficient
e0idence. =o!e0er, he 0iolated 4ec. * %a', :ule 6" of the 1;;5
:ules on @otarial Practice by maintaining different notarial
registers inse0eral offices. The one acti0e notarial register rule
is in lace to deter a notary ublic from assigning se0eral notarial
registers to
different offices manned by assistants !ho erform notarial
ser0ices on his behalf.
>ith resect to the allegation of conflict of interest, the
4ureme #ourt held that the la!yer&client relationshi bet!een
Atty
(aide and Gimeno ceased !hen Atty. (aide left (7(. 7oreo0er, the
case !here Gimeno engaged (7(Cs ser0ices %annulment of title'
is an entirely different sub/ect matter and is not in any !ay
connected to the comlaint that 4omontan filed against Gimeno !ith
the
9mbudsman %estafa'. And besides, there is no sho!ing that (aide
used against Gimeno any confidential information !hich he
acDuired !hile he !as still their counsel in the annulment of
title case. +nder these circumstances, Atty. (aide should not be
held
liable for 0iolating the rohibition against the reresentation of
conflicting interests.
=o!e0er, Atty. (aide 0iolated #anon *, :ule
,;*1, #anon **3 and :ule **.;35 of the #ode of
Professional :esonsibility
!hen he called Gimeno a notorious etortionist and his oosing
counsel in another case as suffering from serious mental
incometence. This clearly confirms Atty. (aideCs lac8 of
restraint in the use and choice of his !ords F a conduct unbecoming
of an
1 Canon 8 – A lawyer shall conduct himself with courtesy,
fairness and candor toward his professional colleagues, and shall
avoidharassing tactics against opposing counsel.
2 Rule 8.01 – A lawyer shall not, in his professional
dealings, use language which is ausive, o!ensive or otherwise
improper.
" Canon 11 – A lawyer shall oserve and maintain the respect
due to the courts and to #udicial o$cers and should insist on
similarconduct y others.
% Rule 11.0" – A lawyer shall astain from scandalous,
o!ensive or menacing language or ehavior efore the Courts.
