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This document is a resolution from the Supreme Court of the Philippines regarding a case of alleged misconduct by Attorney Nestor Bamba. The Court found Bamba guilty of representing conflicting interests for filing a case against his existing client Felicitas Quiambao while still representing her in another ongoing case. Specifically, Bamba represented Quiambao in an ejectment case but later filed a case on behalf of Allied Investigation Bureau against Quiambao without withdrawing from the ejectment case. The Court upheld the finding of misconduct and sanction of reprimand issued by the Integrated Bar of the Philippines.
This document is a resolution from the Supreme Court of the Philippines regarding a case of alleged misconduct by Attorney Nestor Bamba. The Court found Bamba guilty of representing conflicting interests for filing a case against his existing client Felicitas Quiambao while still representing her in another ongoing case. Specifically, Bamba represented Quiambao in an ejectment case but later filed a case on behalf of Allied Investigation Bureau against Quiambao without withdrawing from the ejectment case. The Court upheld the finding of misconduct and sanction of reprimand issued by the Integrated Bar of the Philippines.
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This document is a resolution from the Supreme Court of the Philippines regarding a case of alleged misconduct by Attorney Nestor Bamba. The Court found Bamba guilty of representing conflicting interests for filing a case against his existing client Felicitas Quiambao while still representing her in another ongoing case. Specifically, Bamba represented Quiambao in an ejectment case but later filed a case on behalf of Allied Investigation Bureau against Quiambao without withdrawing from the ejectment case. The Court upheld the finding of misconduct and sanction of reprimand issued by the Integrated Bar of the Philippines.
Drepturi de autor:
Attribution Non-Commercial (BY-NC)
Formate disponibile
Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
We are aware of the hapless fact that there are not enough lawyers to serve an exploding population. This unfortunate state of affairs, however, will not seize this Court from exercising its disciplinary power over lawyers culpable of serious indiscretions. The incidence of public force must be deployed to bear upon the community to eventually forge a legal profession that provides quality, ethical, accessible, and cost -effective legal service to our people and whose members are willing and able to answer the call to public service.
In this administrative case for disbarment, complainant Felicitas S. Quiambao charges respondent Atty. Nestor A. Bamba with violation of the Code of Professional Responsibility for representing conflicting interests when the latter filed a case against her while he was at that time representing her in another case, and for committing other acts of disloyalty and double-dealing.
From June 2000 to January 2001, the complainant was the president and managing director of Allied Investigation Bureau, Inc. (AIB), a family-owned corporation engaged in providing security and investigation services. She avers that she procured the legal services of the respondent not only for the corporate affairs of AIB but also for her personal case. Particularly, the respondent acted as her counsel of record in an ejectment case against Spouses Santiago and Florita Torroba filed by her on 29 December 2000 before the Metropolitan Trial Court (MeTC) of Paraaque City, which was docketed as Civil Case No. 11928. She paid attorney s fees for respondent s legal services in that case. [ 1] About six months after she resigned as AIB president, or on 14 June 2001, the respondent filed on behalf of AIB a complaint for replevin and damages against her before the MeTC of Quezon City for the purpose of recovering from her the car of AIB assigned to her as a service vehicle. This he did without withdrawing as counsel of record in the ejectment case, which was then still pending. [ 2]
Apart from the foregoing litigation matter, the complainant, in her Position Paper, charges the respondent with acts of disloy alty and double-dealing. She avers that the respondent proposed to her that she organize her own security agency and that he would assist her in its organization, causing her to resign as president of AIB. The respondent indeed assisted her in December 2000 in the formation of another security agency, Quiambao Risk Management Specialists, Inc. , (QRMSI), which was later registered under complainant s name, with the respondent as a silent partner represented by his associate Atty. Gerardo P. Hernandez. The respondent was paid attorney s fees for his legal services in organizing and incorporating QRMSI. He also planned to steal or pirate some of the more important clients of AIB. While serving as legal counsel for AIB and a silent partner of QRMSI, he convinced complainant s brother Leodegario Quiambao to organize another security agency, San Esteban Security Services, Inc. (SESSI) where he (the respondent) served as its incorporator, director, and president. The respondent and Leodegario then illegally diverted the funds of AIB to fund the incorporation of SESSI, and likewise planned to eventually close down the operations of AIB and transfer the business to SESSI. [ 3]
For his part, the respondent admits that he represented the complainant in the aforementioned ejectment case and later represented AIB in the replevin case against her. He, however, denies that he was the personal lawyer of the complainant , and avers that he was made to believe that it was part of his function as counsel for AIB to handle even the personal cases of its officers. Even assuming that the complainant confided to him privileged information about her legal interests, the eject ment case and the replevin case are unrelated cases involving different issues and parties and, therefore, the privileged information which might have been gathered from one case would have no use in the other. At any rate, it was the complainant herself who insisted that he stay as her counsel despite the perceived differences among her, her brother, and AIB over the motor vehicle subject of the replevin case. The complainant even asked him to assist her in her monetary claims against AIB. [ 4]
The respondent also denies the charge raised by the complainant in her position paper that he agreed to be a silent partner of QRMSI through his nominee, Atty. Gerardo P. Hernandez, who was his former law partner. He declined complainant s offer to assume that role and suggested Atty. Hernandez in his place; thus, 375 shares of stock were registered in Atty. Hernandez s name as consideration of his (Atty. Hernandez s) legal services as corporate secretary and legal counsel of QRMSI. The respondent also denies that he convinced complainant s brother Leodegario to organize another security agency and that the funds of AIB were unlawfully diverted to SESSI. It was to complement the business of AIB, which was then in danger of collapse, that SESSI was established. Leodegario s wife and her son have the effective control over SESSI. Respondent s subscribed shareholdings in SESSI comprise only 800 shares out of 12, 500 subscri bed shares. He serves AIB and SESSI in different capacities: as legal counsel of the former and as president of the latter. [ 5]
In his Report and Recommendation [ 6] dated 31 August 2004, the investigating commissioner of the IBP found the respondent guilty of representing conflicting interests based on the following undisputed facts: first, the respondent was still complainant s counsel of record in the ejectment case when he filed, as legal counsel of AIB, the replevin case against her; and second, the respondent was still the legal counsel of AIB when he advised the compl ainant on the incorporation of another security agency, QRMSI, and recommended his former law partner, Atty. Gerardo Hernandez, to be its corporate secretary and legal counsel and also when he conferred with Leodegario to organize another security agency, SESSI, where the respondent became an incorporator, stockholder, and president. Thus, the investigating commissioner recommended that the respondent be suspended from the practice of law for one year.
The IBP Board of Governors adopted and approved the investigating commissioner s report and recommendation, but reduced the penalty from one year to a stern reprimand. [ 7]
The issue in this case is whether the respondent is guilty of misconduct for representing conflicting interests in contravention of the basic tenets of the legal profession.
Rule 15. 03, Canon 5 of the Code of Professional Responsibility provides: A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. This prohibition is founded on principles of public policy and good taste. [ 8] 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 confidence of the highest degree. [ 9] It behooves lawyers not only to keep inviolate the client s confidence, but also to avoid the appearance of treachery 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 justice. [ 10]
In broad terms, lawyers are deemed to represent conflicting interests when, in behalf of one client, it is their duty to contend for that which duty to another client requires them to oppose. [ 11]
Developments in jurisprudence have particularized various tests to determine whether a lawyer s conduct lies within this proscription. One test is whether a lawyer is duty-bound to fight for an issue or claim in behalf of one client and, at the same time, to oppose that claim for the other client. [ 12] Thus, if a lawyer s 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.
Another test of inconsistency of interests is whether the acceptance of a new relation would prevent the full discharge of the lawyer s duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-dealing in the performance of that duty. [ 13] Still another test is whether the lawyer would be called upon in the new relation to use against a former client any confidential information acquired through their connection or previous employment. [ 14]
The proscription against representation of conflicting interests applies to a situation where the opposing parties are present clients in the same action or in an unrelated action. It is of no moment that the lawyer would not be called upon to contend for one client that which the lawyer has to oppose for the other client, or that there would be no occasion to use the confidential information acquired from one to the disadvantage of the other as the two actions are wholly unrelated. It is enough that the opposing parties in one case, one of whom would lose the suit, are present clients and the nature or conditions of the lawyer s respective retainers with each of them would affect the performance of the duty of undivided fidelity to both clients. [ 15]
In this case, it is undisputed that at the time the respondent filed the replevin case on behalf of AIB he was still the counsel of record of the complainant in the pending ejectment case. We do not sustain respondent s theory that since the ejectment case and the replevin case are unrelated cases fraught with different issues, parties, and subject matters, the prohibition is inapplicable. His representation of opposing clients in both cases, though unrelated, obviously constitutes conflict of interest or, at the least, invites suspicion of double-dealing. While the respondent may assert that the complainant expressly consented to his continued representation in the ejectment case, the respondent failed to show that he fully disclosed the facts to both his clients and he failed to present any written consent of the complainant and AIB as required under Rule 15. 03, Canon 15 of the Code of Professional Responsibility.
Neither can we accept respondent s plea that he was duty- bound to handle all the cases referred to him by AIB, including the personal cases of its officers which had no connection to its corporate affairs. That the representation of conflicti ng interest is in good faith and with honest intention on the part of the lawyer does not make the prohibition inoperative. [ 16] Moreover, lawyers are not obliged to act either as an adviser or advocate for every person who may wish to become their client. They have the right to decline such employment, subject, however, to Canon 14 of the Code of Professional Responsibility. [ 17] Although there are instances where lawyers cannot decline representation, [ 1 8] they cannot be made to labor under conflict of interest between a present client and a prospective one. [ 19]
Additionally, in his position paper, the respondent alleges that when the complainant invited the respondent to join QRMSI, he vehemently refused to join them due to his perception of conflicting interest as he was then (and still is at present) the Legal Counsel of AIB, which is also a security agency. [ 20] To bolster his allegation, he invoked the affidavits of complainant s witnesses which contained statements of his apprehension of conflict of interest should he join QRMSI. [ 21]
Surprisingly, despite his apprehension or awareness of a possible conflict of interest should he join QRMSI, the respondent later allowed himself to become an incorporator, stockholder, and president of SESSI, which is also a security agency. He justified his act by claiming that that while both AIB and SESSI are engaged in security agency business, he is serving in different capaci ties. As the in-house legal counsel of AIB, he serves its legal interest the parameter of which evolves around legal matters such as protecting the legal rights and interest of the corporation; conducting an investigation or a hearing on violations of company rules and regulations of their office employees and security guards; sending demand letters in collection cases; and representing the corporation in any litigation for or against it. And as president of SESSI, he serves the operational aspects of t he business such as how does it operate[], how much do they price their services, what kind or how do they train[] their security guards, how they solicit clients. Thus, conflict of interest is far-fetched. Moreover, the respondent argues that the compl ainant, not being a stockholder of AIB and SESSI, has no right to question his alleged conflict of interest in serving the two security agencies. [ 22]
While the complainant lacks personality to question the alleged conflict of interests on the part of the respondent in serving both security agencies, we cannot just turn a blind eye to respondent s act. It must be noted that the proscription against representation of conflicting interests finds application where the conflicting interests arise with respect to the same general matter however slight the adverse interest may be. It applies even if the conflict pertains to the lawyer s private activity or in the performance of a function in a non- professional capacity. [ 23] In the process of determining whether there is a conflict of interest, an important criterion is probability, not certainty, of conflict.
Since the respondent has financial or pecuniary interest in SESSI, which is engaged in a business competing with his client s, and, more importantly, he occupies the highest position in SESSI, one cannot help entertaining a doubt on his loyalty to his client AIB. This kind of situation passes the second test of conflict of interest, which is whether the acceptance of a new relationship would prevent the full discharge of the lawyer s duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double- dealing in the performance of that duty. The close relationship of the majority stockholders of both companies does not negate the conflict of interest. Neither does hi s protestation that his shareholding in SESSI is a mere pebble among the sands.
In view of all of the foregoing, we find the respondent guilty of serious misconduct for representing conflicting interests.
Furthermore, it must be noted that Republic Act No. 5487, otherwise known as the Private Security Agency Law, prohibits a person from organizing or having an interest in more than one security agency. From respondent s position paper, it can be culled that Leodegario Quiambao is the president and managing director of AIB, holding 60% of the outstanding shares; while his four other siblings who are permanent residents in the United States own the remaining 40%. [ 24] This prohibition notwithstanding, the respondent organized SESSI, with Leodegario s wife and son as majority stockholders holding about 70% of the outstanding shares and with him (the respondent), as well as the rest of the stockholders, holding minimal shares. [ 25] In doing so, the respondent virtually allowed Leodegario and the latter s wife to violate or circumvent the law by having an interest in more than one security agency. It must be noted that in the affidavit [ 26] of Leodegario s wife, she mentioned of their conjugal property. In the absence of evidence to the contrary, the property relation of Leodegario and his wife can be presumed to be that of conjugal partnership of gains; hence, the majority shares in AIB and SESSI are the conjugal propert y of Leodegario and his wife, thereby placing themselves in possession of an interest in more than one security agency in contravention of R. A. No. 5487. Thus, in organizing SESSI, the respondent violated Rule 1. 02, Canon 1 of the Code of Professional Responsibility, which mandates lawyers to promote respect for the law and refrain from counseling or abetting activities aimed at defiance of the law.
As to the recommendation that the penalty be reduced from a suspension of one year to a stern warning, we find the same to be without basis. We are disturbed by the reduction made by the IBP Board of Governors of the penalty recommended by the investigating commissioner without clearly and distinctly stating the facts and reasons on which that reduction is based.
Section 12(a), Rule 139-B of the Rules of Court reads in part as follows:
SEC. 12. Review and decision by the Board of Governors.
(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based.
We may consider the resolution of the IBP Board of Governors as a memorandum decision adopting by reference the report of the investigating commissioner. However, we look with disfavor the change in the recommended penalty without any explanation therefor. Again, we remind the IBP Board of Governors of the importance of the requirement to announce in plain terms its legal reasoning, since the requirement that its decision in disciplinary proceedings must state the facts and the reasons on which its decision is based is akin to what is required of the decisions of courts of record. [ 27] The reasons for handing down a penalty occupy no lesser station than any other portion of the ratio.
In similar cases where the respondent was found guilty of representing conflicting interests a penalty ranging from one to three years suspension was imposed. [ 28] In this case, we find that a suspension from the practice of law for one year is warranted.
WHEREFORE, respondent Atty. Nestor A. Bamba is hereby held GUILTY of violation of Rule 15. 03 of Canon 15 and Rule 1.02 of Canon 1 of the Code of Professional Responsibility. He is SUSPENDED from the practice of law for a period of ONE (1) YEAR effective from receipt of this Resolution, with a warning that a similar infraction in the future shall be dealt with more severely.
Let copies of this Resolution be furnished to the Office of the Bar Confidant and the Integrated Bar of the Philippines.
SO ORDERED.
SECOND DIVISION [A.C. No. 2040. March 4, 1998] IMELDA A. NAKPIL, complainant, vs. ATTY. CARLOS J. VALDES, respondent. D E C I S I O N PUNO, J .: The friendship of JOSE NAKPIL and respondent CARLOS J. VALDES dates back to the 50s during their schooldays in De La Salle and the Philippine Law School. Their closeness extended to their families and respondent became the business consultant, lawyer and accountant of the Nakpils. In 1965, Jose Nakpil became interested in purchasing a summer residence in Moran Street, Baguio City. [1] For lack of funds, he requested respondent to purchase the Moran property for him. They agreed that respondent would keep the property in thrust for the Nakpils until the latter could buy it back. Pursuant to their agreement, respondent obtained two (2) loans from a bank (in the amounts of P65,000.00 and P75,000.00) which he used to purchase and renovate the property. Title was then issued in respondents name. It was the Nakpils who occupied the Moran summer house. When Jose Nakpil died on July 8, 1973, respondent acted as the legal counsel and accountant of his widow, complainant IMELDA NAKPIL. On March 9, 1976, respondents law firm, Carlos J. Valdes & Associates, handled the proceeding for the settlement of Joses estate. Complainant was appointed as administratix of the estate. The ownership of the Moran property became an issue in the intestate proceedings. It appears that respondent excluded the Moran property from the inventory of Joses estate. On February 13, 1978, respondent transferred his title to the Moran property to his company, the Caval Realty Corporation. On March 29, 1979, complainant sought to recover the Moran property by filing with the then Court of First Instance (CFI) of Baguio City an action for reconveyance with damages against respondent and his corporation. In defense, respondent claimed absolute ownership over the property and denied that a trust was created over it. During the pendency of the action for reconveyance, complainant filed this administrative case to disbar the respondent. She charged that respondent violated professional ethics when he: I. Assigned to his family corporation the Moran property (Pulong Maulap) which belonged to the estate he was settling as its lawyer and auditor. II. Excluded the Moran property from the inventory of real estate properties he prepared for a client-estate and, at the same time, charged the loan secured to purchase the said excluded property as a liability of the estate, all for the purpose of transferring the title to the said property to his family corporation. III. Prepared and defended monetary claims against the estate that retained him as its counsel and auditor. [2]
On the first charge, complainant alleged that she accepted respondents offer to serve as lawyer and auditor to settle her husbands estate. Respondents law firm then filed a petition for settlement of the estate of the deceased Nakpil but did not include the Moran property in the estates inventory. Instead, respondent transferred the property to his corporation, Caval Realty Corporation, and title was issued in its name. Complainant accused respondent of maliciously appropriating the property in trust knowing that it did not belong to him. She claimed that respondent has expressly acknowledged that the said property belonged to the late Nakpil in his correspondences [3] with the Baguio City Treasurer and the complainant. On the second charge, complainant alleged that respondents auditing firm (C. J. Valdes and Co., CPAs) excluded the Moran property from the inventory of her husbands estate, yet included in the claims against the estate the amounts of P65,000.00 and P75,000.00, which respondent represented as her husbands loans applied probably for the purchase of a house and lot in Moran Street, Baguio City. As to the third charge, complainant alleged that respondents law firm (Carlos J. Valdes and Associates) filed the petition for the settlement of her husbands estate in court, while respondents auditing firm (C. J. Valdes & Co., CPAs) acted as accountant of both the estate and two of its creditors. She claimed that respondent represented conflicting interests when his accounting firm prepared the list of claims of creditors Angel Nakpil and ENORN, Inc. against her husbands estate which was represented by respondents law firm. Complainant averred that there is no distinction between respondents law and auditing firms as respondent is the senior and controlling partner of both firms which are housed in the same building. We required respondent to answer the charges against him. In hisANSWER, [4] respondent initially asserted that the resolution of the first and second charges against him depended on the result of the pending action in the CFI for reconveyance which involved the issue of ownership of the Moran property. On the merit of the first charge, respondent reiterated his defense in the reconveyance case that he did not hold the Moran property in trust for the Nakpils as he is its absolute owner. Respondent explained that the Nakpils never bought back the Moran property from him, hence, the property remained to be his and was rightly excluded from the inventory of Nakpils estate. As to the second charge, respondent denied preparing the list of claims against the estate which included his loans of P65,000.00 and P75,000.00 for the purchase and renovation of the Moran property. In charging his loans against the estate, he stressed that the list drawn up by his accounting firm merely stated that the loans in respondents name were applied probably for the purchase of the house and lot in Moran Street, Baguio City. Respondent insisted that this was not an admission that the Nakpils owned the property as the phrase probably for the purchase did not imply a consummated transaction but a projected acquisition. Respondent also disclaimed knowledge or privity in the preparation of a letter (Exhibit H) of his accounting firm to the Baguio City treasurer remitting the real estate taxes for the Moran property on behalf of the Nakpils. He contended that the letter could be a mere error or oversight. Respondent averred that it was complainant who acknowledged that they did not own the Moran property for: (1) complainants February 1979 Statement of Assets and Liabilities did not include the said property, and; (2) complainant, as administratrix, signed the Balance Sheet of the Estate where the Moran property was not mentioned. Respondent admitted that complainant retained the services of his law and accounting firms in the settlement of her husbands estate. [5] However, he pointed out that he has resigned from his law and accounting firms as early as 1974. He alleged that it was Atty. Percival Cendaa (from the law firm Carlos Valdes & Associates) who filed the inestate proceedings in court in 1976. As to the third charge, respondent denied there was a conflict of interest when his law firm represented the estate in the inestate proceedings while his accounting firm (C. J. Valdes & Co., CPAs) served as accountant of the estate and prepared the claims of creditors Angel Nakpil and ENORN, Inc. against the estate. He proffered the following reasons for his thesis: First, the two claimants were closely related to the late Nakpil. Claimant ENORN, Inc. is a family corporation of the Nakpils of which the late Nakpil was the President. Claimant Angel Nakpil is a brother of the late Nakpil who, upon the latters death, became the President of ENORN, Inc. These two claimants had been clients of his law and accounting firms even during the lifetime of Jose Nakpil. Second, his alleged representation of conflicting interests was with the knowledge and consent of complainant as administratrix. Third, there was no conflict of interests between the estate and the claimants for they had forged a modus vivendi, i.e., that the subject claims would be satisfied only after full payment of the principal bank creditors. Complainant, as administratrix, did not controvert the claims of Angel Nakpil and ENORN, Inc. Complainant has started paying off the claims of Angel Nakpil and ENORN, Inc. after satisfying the banks claims. Complainant did not assert that their claims caused prejudice to the estate. Fourth, the work of Carlos J. Valdes and Co. as common auditor redounded to the benefit of the estate for the firm prepared a true and accurate amount of the claim. Fifth, respondent resigned from his law and accounting firms as early as August 15, 1974. [6] He rejoined his accounting firm several years later. He submitted as proof the SECs certification of the filing of his accounting firm of an Amended Articles of Partnership. Thus, it was not he but Atty. Percival Cendaa, from the firm Carlos J. Valdes and Associates, who filed the intestate proceedings in court. On the other hand, the claimants were represented by their own counsel Atty. Enrique O. Chan. Sixth, respondent alleged that in the remote possibility that he committed a breach of professional ethics, he committed such misconduct not as a lawyer but as an accountant who acted as common auditor of the estate and its creditors. Hence, he should be held accountable in another forum. On November 12, 1979, complainant submitted her REPLY. [7] She maintained that the pendency of the reconveyance case is not prejudicial to the investigation of her disbarment complaint against respondent for the issue in the latter is not the ownership of the Moran property but the ethics and morality of respondents conduct as a CPA- lawyer. Complainant alleged that respondents Annexes to his Reply (such as the Statement of Assets & Liability of the Nakpils and the Balance Sheet of the Estate) which showed that complainant did not claim ownership of the Moran property were all prepared by C. J. Valdes and Co. as accountant of the estate of Jose Nakpil and filed with the intestate court by C. J. Valdes and Associates as counsel for the estate. She averred that these Annexes were not proofs that respondent owned the Moran property but were part of respondents scheme to remove the property from the estate and transfer it to his family corporation. Complainant alleged that she signed the documents because of the professional counsel of respondent and his firm that her signature thereon was required. Complainant charged respondent with greed for coveting the Moran property on the basis of defects in the documents he himself prepared. Complainant urged that respondent cannot disown unfavorable documents (the list of claims against the estate and the letter regarding Nakpils payments of realty tax on the Moran property) which were prepared by his law and accounting firms and invoke other documents prepared by the same firms which are favorable to him. She averred that respondent must accept responsibility not just for some, but for all the representations and communications of his firms. Complainant refuted respondents claim that he resigned from his firms from March 9, 1976 to several years later. She alleged that none of the documents submitted as evidence referred to his resignation from his law firm. The documents merely substantiated his resignation from his accounting firm. In his REJOINDER, [8] respondent insisted that complainant cannot hold him liable for representing the interests of both the estate and the claimants without showing that his action prejudiced the estate. He urged that it is not per se anomalous for respondents accounting firm to act as accountant for the estate and its creditors. He reiterated that he is not subject to the jurisdiction of this Court for he acted not as lawyer, but as accountant for both the estate and its claimants. He alleged that his accounting firm merely prepared the list of claims of the creditors Angel Nakpil and ENORN, Inc. Their claims were not defended by his accounting or law firm but by Atty. Enrique Chan. He averred that his law firm did not oppose these claims as they were legitimate and not because they were prepared by his accounting firm. He emphasized that there was no allegation that the claims were fraudulent or excessive and that the failure of respondents law firm to object to these claims damaged the estate. In our January 21, 1980 Resolution, [9] we deferred further action on the disbarment case until after resolution of the action for reconveyance between the parties involving the issue of ownership by the then CFI of Baguio. Complainant moved for reconsideration on the ground that the issue of ownership pending with the CFI was not prejudicial to her complaint which involved an entirely different issue, i.e., the unethical acts of respondent as a CPA-lawyer. We granted her motion and referred the administrative case to the Office of the Solicitor General (OSG) for investigation, report and recommendation. [10]
In 1983, the CFI of Baguio dismissed the action for reconveyance. The trial court ruled that respondent held the Moran property in trust for the Nakpils but found that complainant waived her right over it. On appeal, the Court of Appeals reversed the trial court. The appellate court held that respondent was the absolute owner of the Moran property. The Decision was elevated to this Court. On February 18, 1986, during the pendency of complainants appeal to this Court, the OSG submitted its Report [11] on the disbarment complaint. The OSG relied heavily on the decision of the Court of Appeals then pending review by this Court. The OSG found that respondent was not put on notice of complainants claim over the property. It opined that there was no trust agreement created over the property and that respondent was the absolute owner thereof. Thus, it upheld respondents right to transfer title to his family corporation. It also found no conflict of interests as the claimants were related to the late Jose Nakpil. The OSG recommended the dismissal of the administrative case. Prefatorily, we note that the case at bar presents a novel situation as it involves the disbarment of a CPA-lawyer for his demeanor in his accounting profession and law practice in connection with the property of his client. As a rule, a lawyer is not barred from dealing with his client but the business transaction must be characterized with utmost honesty and good faith. [12] The measure of good faith which an attorney is required to exercise in his dealings with his client is a much higher standard than is required in business dealings where the parties trade at arms length. [13] Business transactions between an attorney and his client are disfavored and discouraged by the policy of the law. Hence, courts carefully watch these transactions to assure that no advantage is taken by a lawyer over his client. This rule is founded on public policy for, by virtue of his office, an attorney is in an easy position to take advantage of the credulity and ignorance of his client. Thus, no presumption of innocence or improbability of wrongdoing is considered in an attorneys favor. [14]
In the case at bar, we cannot subscribe to the findings of the OSG in its Report. These findings were based mainly on the decision of the Court of Appeals in the action for reconveyance which was reversed by this Court in 1993. [15]
As to the first two charges, we are bound by the factual findings of this Court in the aforementioned reconveyance case. [16] It is well-established that respondent offered to the complainant the services of his law and accounting firms by reason of their close relationship dating as far back as the 50s. She reposed her complete trust in respondent who was the lawyer, accountant and business consultant of her late husband. Respondent and the late Nakpil agreed that the former would purchase the Moran property and keep it in trust for the latter. In violation of the trust agreement, respondent claimed absolute ownership over the property and refused to sell the property to complainant after the death of Jose Nakpil. To place the property beyond the reach of complainant and the intestate court, respondent later transferred it to his corporation. Contrary to the findings of the OSG, respondent initially acknowledged and respected the trust nature of the Moran property. Respondents bad faith in transferring the property to his family corporation is well discussed in this Courts Decision, [17] thus: x x x Valdes (herein respondent) never repudiated the trust during the lifetime of the late Jose Nakpil. On the contrary, he expressly recognized it. x x x (H)e repudiated the trust when (he) excluded Pulong Maulap from the list of properties of the late Jose Nakpil submitted to the intestate court in 1973. x x x xxx The fact that there was no transfer of ownership intended by the parties x x x can be bolstered by Exh. I-2, an annex to the claim filed against the estate proceedings of the late Jose Nakpil by his brother, Angel Nakpil, which was prepared by Carlos J. Valdes & Co., the accounting firm of herein respondent. Exhibit I-2, which is a list of the application of the proceeds of various FUB loans contracted as of 31 December 1973 by the late Jose Nakpil, x x x contains the two (2) loans contracted in the name of respondent. If ownership of Pulong Maulap was already transferred or ceded to Valdes, these loans should not have been included in the list. Indeed, as we view it, what the parties merely agreed to under the arrangement outlined in Exh. J was that respondent Valdes would x x x take over the total loan ofP140,000.00 and pay all of the interests due on the notes while the heirs of the late Jose Nakpil would continue to live in the disputed property for five (5) years without remuneration save for regular maintenance expenses. This does not mean, however, that if at the end of the five-year period petitioner (Nakpil) failed to reimburse Valdes for his advances, x x x Valdes could already automatically assume ownership of Pulong Maulap. Instead, the remedy of respondents Carlos J. Valdes and Caval Realty Corporation was to proceed against the estate of the late Jose M. Nakpil and/or the property itself. (emphasis supplied) In the said reconveyance case, we further ruled that complainants documentary evidence (Exhibits H, J and L), which she also adduced in this administrative case, should estop respondent from claiming that he bought the Moran property for himself, and not merely in trust for Jose Nakpil. [18]
It ought to follow that respondents act of excluding Moran property from the estate which his law firm was representing evinces a lack of fidelity to the cause of his client. If respondent truly believed that the said property belonged to him, he should have at least informed complainant of his adverse claim. If they could not agree on its ownership, respondent should have formally presented his claim in the intestate proceedings instead of transferring the property to his own corporation and concealing it from complainant and the judge in the estate proceedings. Respondents misuse of his legal expertise to deprive his client of the Moran property is clearly unethical. To make matters worse, respondent, through his accounting firm, charged the two loans of P65,000.00 and P75,000.00 as liability of the estate, after said loans were obtained by respondent for the purchase and renovation of the property which he claimed for himself. Respondent seeks to exculpate himself from this charge by disclaiming knowledge or privity in the preparation of the list of the estates liabilities. He theorizes that the inclusion of the loans must have been a mere error or oversight of his accounting firm. It is clear that the information as to how these two loans should be treated could have only come from respondent himself as the said loans were in his name. Hence, the supposed error of the accounting firm in charging respondents loans against the estate could not have been committed without respondents participation. Respondent wanted to have his cake and eat it too and subordinated the interest of his client to his own pecuniary gain. Respondent violated Canon 17 of the Code of Professional Responsibility which provides that a lawyer owes fidelity to his clients cause and enjoins him to be mindful of the trust and confidence reposed on him. As regards the third charge, we hold that respondent is guilty of representing conflicting interests. It is generally the rule, based on sound public policy, that an attorney cannot represent adverse interests. It is highly improper to represent both sides of an issue. [19] The proscription against representation of conflicting interests finds application where the conflicting interests arise with respect to the same general matter [20] and is applicable however slight such adverse interest may be. It applies although the attorneys intentions and motives were honest and he acted in good faith. [21] However, representation of conflicting interests may be allowed where the parties consent to the representation, after full disclosure of facts. Disclosure alone is not enough for the clients must give their informed consent to such representation. The lawyer must explain to his clients the nature and extent of conflict and the possible adverse effect must be thoroughly understood by his clients. [22]
In the case at bar, there is no question that the interests of the estate and that of it creditors are adverse to each other. Respondents accounting firm prepared the list of assets and liabilities of the estate and, at the same time, computed the claims of two creditors of the estate. There is clearly a conflict between the interest of the estate which stands as the debtor, and that of the two claimants who are creditors of the estate. In fact, at one instance, respondents law firm questioned the claims of creditor Angel Nakpil against the estate. To exculpate himself, respondent denies that he represented complainant in the intestate proceedings. He points out that it was one Atty. Percival Cendaa, from his law firm Carlos J. Valdes & Associates, who filed the intestate case in court. However, the fact that he did not personally file the case and appear in court is beside the point. As established in the records of this case and in the reconveyance case, [23] respondent acted as counsel and accountant of complainant after the death of Jose Nakpil. Respondents defense that he resigned from his law and accounting firms as early as 1974 (or two years before the filing of the intestate case) is unworthy of merit. Respondents claim of resignation from his law firm is not supported by any documentary proof. The documents on record [24] only show respondents resignation from his accounting firm in 1972 and 1974. Even these documents reveal that respondent returned to his accounting firm on July 1, 1976 and as of 1978, the intestate proceedings for the settlement of Joses estate had not yet been terminated. It does not escape us that when respondent transferred the Moran property to his corporation on February 13, 1978, the intestate proceedings was still pending in court. Thus, the succession of events shows that respondent could not have been totally ignorant of the proceedings in the intestate case. Respondent claims that complainant knew that his law firm Carlos J. Valdes & Associates was the legal counsel of the estate [25] and his accounting firm, C.J. Valdes & Co., CPAs, was the auditor of both the estate and the two claimants against it. [26] The fact, however, that complainant, as administratrix, did not object to the set-up cannot be taken against her as there is nothing in the records to show that respondent or his law firm explained the legal situation and its consequences to complainant. Thus, her silence regarding the arrangement does not amount to an acquiescence based on an informed consent. We also hold that the relationship of the claimants to the late Nakpil does not negate the conflict of interest. When a creditor files a claim against an estate, his interest is per se adverse to the estate. As correctly pointed out by complainant, if she had a claim against her husbands estate, her claim is still adverse and must be filed in the intestate proceedings. Prescinding from these premises, respondent undoubtedly placed his law firm in a position where his loyalty to his client could be doubted. In the estate proceedings, the duty of respondents law firm was to contest the claims of these two creditors but which claims were prepared by respondents accounting firm. Even if the claims were valid and did not prejudice the estate, the set-up is still undesirable. The test to determine whether there is a conflict of interest in the representation is probability, not certainty of conflict. It was respondents duty to inhibit either of his firms from said proceedings to avoid the probability of conflict of interest. Respondent advances the defense that assuming there was conflict of interest, he could not be charged before this Court as his alleged misconduct pertains to his accounting practice. We do not agree. Respondent is a CPA-lawyer who is actively practicing both professions. He is the senior partner of his law and accounting firms which carry his name. In the case at bar, complainant is not charging respondent with breach of ethics for being the common accountant of the estate and the two creditors. He is charged for allowing his accounting firm to represent two creditors of the estate and, at the same time, allowing his law firm to represent the estate in the proceedings where these claims were presented. The act is a breach of professional ethics and undesirable as it placed respondents and his law firms loyalty under a cloud of doubt. Even granting that respondents misconduct refers to his accountancy practice, it would not prevent this Court from disciplining him as a member of the Bar. The rule is settled that a lawyer may be suspended or disbarred for ANY misconduct, even if it pertains to his private activities, as long as it shows him to be wanting in moral character, honesty, probity or good demeanor. [27] Possession of good moral character is not only a prerequisite to admission to the bar but also a continuing requirement to the practice of law. Public confidence in law and lawyers may be eroded by the irresponsible and improper conduct of a member of the bar. Thus, a lawyer should determine his conduct by acting in a manner that would promote public confidence in the integrity of the legal profession. Members of the bar are expected to always live up to the standards embodied in the Code of Professional Responsibility as the relationship between an attorney and his client is highly fiduciary in nature and demands utmost fidelity and good faith. [28] In the case at bar, respondent exhibited less than full fidelity to his duty to observe candor, fairness and loyalty in his dealings and transactions with his clients. [29]
IN VIEW WHEREOF, the Court finds respondent ATTY. CARLOS J. VALDES guilty of misconduct. He is suspended from the practice of law for a period of one (1) year effective from receipt of this Decision, with a warning that a similar infraction shall be dealt with more severely in the future. Let copies of this Decision be furnished all courts, as well as the Integrated Bar of the Philippines and the Office of the Bar Confidant. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC
A.M. No. 936 July 25, 1975 FERMINA LEGASPI DAROY, LYDIA LEGASPI and AGRIPINO LEGASPI, complainants, vs. ATTORNEY RAMON CHAVES LEGASPI, respondent.
AQUINO, J .: Fermina Legazpi-Daroy, Lydia Legaspi-Acha and Agripino Legaspi of Iligan City, in a verified complaint dated March 10, 1970, charged Attorney Ramon Chaves Legaspi of Cagayan de Oro City with malpractice for having misappropriated the sum of four thousand pesos which he had collected for them. They prayed that the respondent be disbarred. 1 (He was 59 years old in 1974. He passed the 1954 bar examinations with a rating of 75.75%). The evidence shows that the complainants hired the respondent in May, 1962 to represent them in the intestate proceeding for the settlement of the estate of the spouses Aquilino Gonzaga and Paz Velez-Gonzaga. The complainants, together with their brother, Vivencio, who was abroad, were adjudged as one of the six groups of heirs of the late Gonzaga spouses, their deceased mother, Consuelo Gonzaga-Legaspi, being a daughter of the spouses. The heirs in a joint petition dated April 11, 1969, which the respondent signed as counsel for the complainants, agreed that the coconut land left by the decedents would be divided into six equal parts, that the administrator be authorized to sell the land, and that, after payment of the obligations of the estate, the net proceeds would be distributed among the six groups of heirs. The probate court approved that agreement in its order of April 29, 1969 (Spec. Proc. Nop. 640 of the Misamis Oriental CFI, Exh. A). The land was sold. Fermina Legaspi-Daroy came to know of the sale only when the respondent wrote a note dated November 28, 1969 to her father, Teofilo Legaspi, wherein he stated "that the money we have deposited may be withdrawn on December 8, 1969 at 9:00 o'clock". The respondent advised Teofilo Legaspito see him on that date so that the money could be withdrawn (Exh. B). The complainants were not able to get the money on December 8 because the respondent on December 7 sent to Mrs. Daroy a telegram countermanding his prior advice and directing here to go to Cagayan de Oro City on December 10, a Wednesday, to receive the money (Exh. C). On December 9, a certain Atty. Sugamo sent a handwritten note to Mrs. Daroy advising her not to go to Cagayan de Oro City on December 10 because according to the respondent "his postdated checks can be paid and/or collected either Thursday or Friday yet" (Exh. D). In the afternoon of that same day, December 9, Mrs. Daroy received another note, this time from the respondent himself, "Cousin Ramon". The note contained the disturbing intelligence that Mrs. Daroy's "Cousin Ramon" had withdrawn the money amounting to P4,000 and had spent it. The letter, a sort of extrajudicial confession or mea culpa on respondent's part, reads as follows (Exh. E): Dear Fermina, I wrote this letter with the hope that you will understand me. I have received P4,000.00 our share in the case filed and is now in my custody. Previous (sic) I have a case wherein I was forced to use our money to solve my problem. Now to pay the amount I have used, I sold my jeep to Mr. Ricarte Gorospe, an Employee of the BIR here in Cag. But I am not paid as yet. So, I am waiting as he will pay at 3:00 p.m. today and it's close as I have promised to give it on the 10th, I mean our money. Kindly help me, defer the giving you of the sum or at least until Thursday or Friday, I bring it to you. I know, my responsibility on this matter. Thanks Cousin Ramon It turned out that on October 20, 1969 the respondent, as to "counsel for Fermina Daroy et al.", received from Deputy Provincial Sheriff Jose V. Yasay the said sum of P4,000 as "one (1) share in participation of my clients Fermina Daroy et al. in connection with (the) order of Judge B. K. Gorospe" in the aforementioned intestate proceeding. The respondent signed a receipt for that amount (Exh. L-1). The sheriff paid to Attorneys Angel Quimpo, Leovigildo Tandog, Jr. and Teogenes Velez, Jr. the respective shares of the other groups of heirs also in the sum of P4,000 for each group. Those lawyers turned over the amounts withdrawn to their respective clients (Exh. L). It is evident that the respondent, in writing on November 28, 1969 to Teofilo Legaspi that the money deposited could be withdrawn on December 8, 1969, acted in bad faith. He had already withdrawn the money before that date. He concealed that fact from the complainants. Before the disbarment complaint was filed several demands were made upon the respondent to pay to the complainants the amount which he had misappropriated. He repeatedly broke his promises to make payment. As complainants' patience was already exhausted, they filed their complaint for disbarment on March 13, 1970. 2
Atty. Alfredo R. Busico, the lawyer for the complainants, in a letter to this Court's Clerk of Court dated May 26, 1970, expressed the hope that preferential attention would be given to the case. He said that he had "reliable information from Cagayan de Oro City" that the respondent "has been bragging that nothing will happen to this case" (p. 20, Rollo).1wph 1. t The case was referred to the Solicitor General for investigation, report and recommendation. In 1973 he requested the City Fiscal of Iligan City to conduct the investigation. 3 After the investigation was finished, the case was set for hearing. The respondent did not appear at the hearing. Respondent Legaspi in his testimony admitted that he received the said sum of P4,000 as shown in the receipt, Exhibit D dated October 20, 1969. He said that after receiving it he immediately wired Teofilo Legaspi at Iligan City to see him (the respondent) in his office at Cagayan de Oro City so that Teofilo Legaspi could tell him "the proper disposal" of that amount. Teofilo Legaspi supposedly went to see him on October 21, 1969 and at their conference they supposedly agreed that the sum of P700 would be deducted from the P4,000 to cover the expenses which he (Legaspi) described as "expenses involved from the parties litigants, expenses seeking evidence and other expenses relevant to the case" and "major expenses" in the case (sic); that his attorney's fees would be equivalent "to a share of the petitioners", an agreement which was later placed in formal form (referring to 1968 extrajudicial settlement attached to his answer); that the balance of P3,300 would be divided into six equal parts (six because of the four Legaspi children, the father Teofilo Legaspi and the lawyer Ramon C. Legaspi); that under such division each participant would receive P412 each (P3,300 divided by six gives a quotient of P550 not P412), and that he gave Teofilo the sum of P412. The respondent did not present any receipt to prove that alleged payment. He said that at first Teofilo Legaspi told him to keep the share of Vivencio Legaspi, who was abroad, but at the end of October or the first week of November, 1969 Teofilo got from him (the respondent) Vivencio's share. Again, the respondent did not ask Teofilo to sign a receipt for Vivencio's share. After paying the shares of Teofilo and Vivencio, the balance of the amount left in respondent's possession amounted to P2,476. According to respondent's version, the complainants "refused consistently to receive" the said balance from him because they wanted the full amount of P4,000. He said that he had already paid to them the sum of P2,000 and that only the sum of P476 was left in his custody. He did not present any receipt to prove the alleged payment of P2,000. He said that he could deliver that amount of P476 to the complainants. Mrs. Daroy, in rebuttal, denied that her father, Teofilo Legaspi, received the sum of P412 from the respondent. She said that her father never went to Cagayan de Oro City to confer with the respondent. She said that there was no agreement that the respondent would participate like an heir in the partition of the sum of P4,000. She denied that the respondent offered to pay her and her brother and sister the sum of P2,746. She denied that the respondent paid to the complainants P2,000. After a careful examination of the evidence, we find that respondent's testimony cannot be given any credence. In his memorandum he stated that after he received from the sheriff "on October 29, 1969" the sum of P4,000, he "immediately wired" his kinsman, Teofilo Legaspi, to come to Cagayan de Oro City and that Teofilo "came onOctober 21, 1969". Respondent meant October 20, 1969, the date of the receipt, Exhibit L-1. The truth is that he did not send any such wire. The statement of the sheriff and respondent's office clerk in their affidavits of March 18, 1975 that such a wire was sent is false. What he sent to Teofilo Legaspi was a handwritten note dated November 28, 1969 (Exh. B) wherein the respondent made it appear that the said sum of P4,000 was going to be withdrawn on "December 8, 1969 at nine o'clock". That the respondent in his testimony and memorandum forgot that note, which is Annex C of the complaint for disbarment and which he admitted in paragraph 4 of his answer, is an indication that he does not know the facts of his own case and that he had no scruples in trying to mislead and deceive this Court. That note of respondent to Teofilo Legaspi, his telegram and his letter (already quoted) to Mrs. Daroy dated December 7 and 9, 1969, respectively (Exh. B, C and E) overwhelmingly belie his fabricated theory that he conferred with Teofilo Legaspi at the end of October or in the first week of November, 1969. He was tempted to concoct a story as to his alleged payments to Teofilo Legaspi because the latter is dead and could not refute him. However, complainants' documentary evidence refutes his prevarications, distortions and fabrications. He attached to his memorandum (of which he did not furnish complainants a copy) his Exhibit 2, a supposed typewritten claim against him which totalled P10,406.05. Exhibit 2 does not bear any signature. The respondent wants to imply that the complainants were trying to blackmail him. No probative value can be given to Exhibit 2. The flimsiness and incredible character of respondent's defense are discernible in his Exhibit 1, which he attached to his answer to the original complaint. Exhibit 1 as a carbon copy of a supposed extrajudicial partition executed in 1968 by the four children of Consuelo Gonzaga, by her surviving husband, Teofilo Legaspi and by the respondent, Atty. Legaspi, all the six being described in the document as "the legitimate children and sole heirs of Consuelo Gonzaga, who died on March 12. 1941". Why the respondent was an heir of Consuelo Gonzaga was not explained. In that curious instrument, the spaces for the day and month when it was signed and acknowledged before a notary, the spaces for the description of the fourth parcel of land, the spaces for the shares adjudicated to the heirs, the spaces for the instrumental witnesses and the spaces for the numbers of the residence certificates and the dates and places of issue were left blank. Yet the instrument was signed by the above six persons and duly notarized by a notary whose signature is illegible. In that extrajudicial partition Consuelo Gonzaga was alleged to have left four parcels of land located at Barrio Maputi, Initao, Misamis Oriental which she inherited from her father Aquilino Gonzaga. However, in the order of the Court of First Instance of Misamis Oriental dated April 29, 1969 Consuelo Gonzaga inherited only a one-sixth share in a parcel of land located at Maputi, Initao, Misamis Oriental. How Vivencio Legaspi, who, according to the instrument, was a resident of Alameda, California, was able to sign it and to appear before a notary was not explained. The incomplete document, far from being of any help to respondent Legaspi, casts a reflection on his competency and integrity as a lawyer and on the competency and integrity of the notary before whom it was acknowledged. As already noted, it was made to appear herein that respondent Legaspi was an heir of Consuelo Gonzaga when, obviously, he did not possess that status. The document does not even mention whether the deceased died intestate. That document has no connection with the P4,000 and does not justify the misappropriation or breach of trust committed by the respondent. A lawyer, under his oath, pledges himself not to delay any man for money or malice and is bound to conduct himself with all good fidelity to his clients. He is obligated to report promptly the money of his clients that has come into his possession. He should not commingle it with his private property or use it for his personal purposes without his client's consent. He should maintain a reputation for honesty and fidelity to private trust (Pars. 11 and 32, Canons of Legal Ethics). Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust and must be immediately turned over to them (Aya vs. Bigornia, 57 Phil. 8, 11).1wph1.t Section 25, Rule 138 of the Rules of Court provides that when an attorney unjustly retains in his hands money of his client after it has been demanded, he may be punished for contempt as an officer of the court who has misbehaved in his official transactions and he is liable to a criminal prosecution. A lawyer may be disbarred for any deceit, malpractice or other gross misconduct in his office as attorney or for any violation of the lawyer's oath (Ibid, sec. 27). "The relation between an attorney and his client is highly fiduciary in its nature and of a very delicate, exacting and confidential character, requiring a high degree of fidelity and good faith" (7 Am. Jur. 2d 105). In view of that special relationship, "lawyers are bound to promptly account for money or property received by them on behalf of their clients and failure to do so constitutes professional misconduct. The fact that a lawyer has a lien for fees on money in his hands collected for his clients does not relieve him from the duty of promptly accounting for the funds received." (Syllabus, In re Bamberger, 49 Phil. 962). The conversion of funds entrusted to an attorney is a gross violation of general morality as well as professional ethics. It impairs public confidence in the legal profession, "It deserves severe punishment" (Sturr vs. State Bar of California, 52 Cal. 2d 125, 338 Pac. 2d 897).1wph 1. t A member of the bar who converts the money of his client to his own benefit through false pretenses is guilty of deceit, malpractice and gross misconduct in his office of lawyer. The attorney, who violates his oath of office, betrays the confidence reposed in him by a client and practices deceit cannot be permitted to continue as a law practitioner. Not alone has he degraded himself but as an unfaithful lawyer he has besmirched the fair name of an honorable profession (In re Paraiso, 41 Phil. 24, 25; In re David, 84 Phil. 627; Manaloto vs. Reyes, Adm. Case No. 503, October 29, 1965, 15 SCRA 131; See Cabigao and Yzquierdo vs. Fernando Rodrigo, 57 Phil. 20). We find respondent Legaspi guilty of deceit, malpractice and professional misconduct for having misappropriated the funds of his clients. His manufactured defenses, his lack of candor and his repeated failure to appear at the investigation conducted by the City Fiscal of Iligan and at the hearings scheduled by this Court, thus causing this proceeding to drag on for a long time, demonstrate his unworthiness to remain as a member of the noble profession of law. (See Capulong vs. Alio, Adm. Case No. 381, February 10, 1968, 22 SCRA 491). Taking into account the environmental circumstances of the case, we hold that the proper disciplinary action against the respondent is disbarment. Its salutary purpose is to protect the court and the public from the misconduct of an officer of the court. It is premised on the assumption that a member of the bar should be competent, honorable and reliable, a person in whom courts and clients may repose confidence (In reMacDougall, 3 Phil. 70, 78). Its objectives are to compel the lawyer to deal fairly and honestly with his client and to remove from the profession a person whose misconduct has proven him unfit for the duties and responsibilities belonging to the office of an attorney (6 Moran's Comments on the Rules of Court, 1970 Ed., p. 242).1wph 1. t The prayer of the complainants that the respondent be ordered to pay them the said amount of P4,000 plus attorney's fees and miscellaneous expenses incurred in the prosecution of this case amounting to more than P1,000 cannot be granted in this disbarment proceeding. That amount should be recovered in an ordinary action. WHEREFORE, the respondent is disbarred. The Clerk of Court is directed to strike out his name from the Roll of Attorneys. SO ORDERED.
EN BANC [CBD A.C. No. 313. January 30, 1998] ATTY. AUGUSTO G. NAVARRO, for and in behalf of PAN-ASIA INTERNATIONAL COMMODITIES, INC., complainant, vs. ATTY. ROSENDO MENESES III, respondent. D E C I S I O N PER CURIAM: This administrative case against respondent Atty. Rosendo Meneses III was initiated by a complaint-affidavit [1] filed by Atty. Augusto G. Navarro on June 7, 1994 before the Commission on Bar Discipline of the Integrated Bar of the Philippines (hereinafter, the Commission), for and in behalf of Pan-Asia International Commodities, Inc. Herein complainant charges respondent Meneses with the following offenses, viz.: (1) malpractice and gross misconduct unbecoming a public defender; (2) dereliction of duty, by violating his oath to do everything within his power to protect his clients interest; (3) willful abandonment; and (4) loss of trust and confidence, due to his continued failure to account for the amount of P50,000.00 entrusted to him to be paid to a certain complainant for the amicable settlement of a pending case. [2]
The complaint-affidavit alleged that Frankwell Management and Consultant, Inc., a group of companies which includes Pan Asia International Commodities, Inc., through its Administrative Manager Estrellita Valdez, engaged the legal services of respondent Atty. Meneses. While serving as such counsel, Atty. Meneses handled various cases and was properly compensated by his client in accordance with their retainer agreement. [3] One of the litigations handled by him was the case of People vs. Lai Chan Kow, a.k.a. Wilson Lai, and Arthur Bretaa, pending before Branch 134, Regional Trial Court of Makati. On December 24. 1993, respondent received the sum of P50,000.00 from Arthur Bretaa, the accused in said case, to be given to therein offended party, a certain Gleason, as consideration for an out-of-court settlement and with the understanding that a motion to dismiss the case would be filed by respondent Meneses. Despite subsequent repeated requests, respondent failed to present to his client the receipt acknowledging that Gleason received said amount. A verification made with the Regional Trial Court of Makati revealed that no motion to dismiss or any pleading in connection therewith had been filed, and the supposed amicable settlement was not finalized and concluded. Despite repeated demands in writing or by telephone for an explanation, as well as the turnover of all documents pertaining to the aforementioned case, respondent Meneses deliberately ignored the pleas of herein complainant. The case was assigned by the Commission to Commissioner Victor C. Fernandez for investigation. Respondent was thereafter ordered to submit his answer to the complaint pursuant to Section 5, rule 139-B of the Rules of Court. [4] Two successive ex parte motions for extension of time to file an answer were filed by respondent and granted by the Commission. [5] On November 14, 1994, respondent filed a motion to dismiss, [6] instead of an answer. In said motion, respondent argued that Atty. Navarro had no legal personality to sue him for and in behalf of Pan-Asia International Commodities, Inc. because his legal services were retained by Frankwell Management and Consultant, Inc.; that Navarro had not represented Pan-Asia International Commodities, Inc. in any case nor had been authorized by its board of directors to file this disbarment case against respondent; that the retainer agreement between him and Frankwell Management and Consultant, Inc. had been terminated as of December 31, 1993 according to the verbal advice of its Administrative Officer Estrellita Valdez; that the case of Arthur Bretaa was not part of their retainer agreement, and Bretaa was not an employee of Frankwell Management and Consultant, Inc. which retained him as its legal counsel; and that the settlement of said case cannot be concluded because the same was archived and accused Bretaa is presently out of the country. Herein complainant, in his opposition to the motion to dismiss, [7] stresses that respondent Meneses is resorting to technicalities to evade the issue of his failure to account for the amount of P50,000.00 entrusted to him; that the respondents arguments in his motion to dismiss were all designed to mislead the Commission; and that he was fully aware of the interrelationship of the two corporations and always coordinated his legal work with Estrellita Valdez. On November 28, 1994, Investigating Commissioner Victor C. Fernandez resolved to deny said motion to dismiss for lack of merit and directed respondent to file his answer. [8] On January 2, 1995, respondent filed a manifestation that he was adopting the allegations in his motion to dismiss his answer. [9] When the case was set for hearing on February 9, 1995, respondent failed to attend despite due notice. He thereafter moved to postpone and reset the hearing of the case several times allegedly due to problems with his health. On the scheduled hearing on June 15, 1995, respondent again failed to attend. The commissioner accordingly received an ex parte the testimony of complainants sole witness, Estrellita Valdez, and other documentary evidence. [10] Thereafter, complainant rested its case. Respondent filed a so-called Urgent Ex-parte Motion for Reconsideration with Motion to Recall Complainants Witness for Cross- Examination [11] which was granted by the Commission. [12] Estrellita Valdez was directed by the Commission to appear on the scheduled hearing for cross-examination. Several postponement and resetting of hearings were later requested and granted by the Commission. When the case was set for hearing for the last time on May 31, 1996, respondent failed to attend despite due notice and repeated warnings. Consequently, the Commission considered him to have waived his right to present evidence in his defense and declared the case submitted for resolution. [13]
On February 4, 1997, the Commission on Bar Discipline, through its Investigating Commissioner Victor C. Fernandez, submitted its Report and Recommendation [14] to the Board of Governors of the Integrated Bar of the Philippines. The Commission ruled that the refusal and/or failure of respondent to account for the sum of P50,000.00 he received from complainant for the settlement of the aforestated case of Lai Chan Kow and Arthur Bretaa proves beyond any shadow of a doubt that he misappropriated the same, hence he deserved to be penalized. The Commission recommended that respondent Meneses he suspended from the practice of the legal profession for a period of three (3) years and directed to return the P50,000.00 he received from the petitioner within fifteen (15) days from notice of the resolution. It further provided that failure on his part to comply with such requirement would result in his disbarment. [15] The Board of Governors adopted and approved the report and recommendation of the Investigating Commissioner in its Resolution No. XII- 97-133, dated July 26, 1997. [16]
On August 15, 1997, the Court received the Notice of Resolution, the Report and Recommendation of the Investigating Commissioner, and the records of this case through the Office of the Bar Confidant for final action pursuant to Section 12 (b) of Rule 139-B. [17] It appears therefrom that respondent was duly furnished a copy of said resolution, with the investigating commissioners report and recommendation annexed thereto. The Court agrees with the findings and conclusion of the Integrated Bar of the Philippines that respondent Meneses misappropriated the money entrusted to him and which he has failed and/or refused to account for to his client despite repeated demands therefor. Such conduct on the part of respondent indicating his unfitness for the confidence and trust reposed on him, or showing such lack of personal honesty or of good moral character as to render him unworthy of public confidence, constitutes a ground for disciplinary action extending to disbarment. [18]
Respondent Meneses misconduct constitute a gross violation of his oath as a lawyer which, inter alia, imposes upon every lawyer the duty to delay no man for money or malice. He blatantly disregarded Rule 16.01 of Canon 16 of the Code of Professional Responsibility which provides that a lawyer shall account for all money or property collected or received for or from his client. Respondent was merely holding in trust the money he received from his client to used as consideration for amicable settlement of a case he was handling. Since the amicable settlement did no materialize, he was necessarily under obligation to immediate return the money, as there is no showing that he has a lien over it. As a lawyer, he should be scrupulously careful in handling money entrusted to him in his professional capacity, because a high degree of fidelity and good faith on his part is exacted. [19]
The argument of respondent that complainant has no legal personality to sue him is unavailing. Section 1 Rule 139-B of the Rules of Court provides that proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme Court motu propio or by the Integrated Bar of the Philippines upon the verified complainant of any person. The right to institute a disbarment proceeding is not confined to clients nor is it necessary that the person complaining suffered injury from the alleged wrongdoing. Disbarment proceedings are matters of public interest and the only basis for judgment is the proof or failure of proof of the charge. The evidence submitted by complainant before the Commission on Bar Discipline sufficed to sustain its resolution and recommended sanctions. It is settled that a lawyer is not obliged to act as counsel for every person who may wish to become his client. He has the right to decline employment [20] subject however, to the provision of Canon 14 of the Code of Professional Responsibility. [21] Once he agrees to take up the cause of a client, he owes fidelity to such cause and must always be mindful of the trust and confidence reposed to him. [22] Respondent Meneses, as counsel, had the obligation to inform his client of the status of the case and to respond within a reasonable time to his clients request for information. Respondents failure to communicate with his client by deliberately disregarding its request for an audience or conference is an unjustifiable denial of its right to be fully informed of the developments in and the status of its case. On January 7, 1998, the Bar Confidant submitted to the Court a copy of the letter of Atty. Augusto G. Navarro, dated December 18, 1997, to the effect that although a copy of the aforestated Resolution No. XII-97-133 was personally delivered to respondents address and received by his wife on October 9, 1997, he had failed to restitute the amount of P50,000.00 to complainant within the 15-day period provided therein. Neither has he filed with this Court any pleading or written indication of his having returned said amount to complainant. In line with the resolution in this case, his disbarment is consequently warranted and exigent. A note and advice on the penalty imposed in the resolution is in order. The dispositive portion thereof provides that: x x x Respondent Atty. Rosendo Meneses is hereby SUSPENDED from the practice of law for three (3) years and is hereby directed to return the Fifty Thousand Pesos he received from the petitioner within fifteen (15) days from receipt of this resolution. Failure on his part to comply will result (i)n his DISBARMENT. [23]
In other words, it effectively purports to impose either a 3-year suspension or disbarment, depending on whether or not respondent duly returns the amount to complainant. Viewed from another angle, it directs that he shall only be suspended, subject to the condition that he should make restitution as prescribed therein. Dispositions of this nature should be avoided. In the imposition of penalties in criminal cases, it has long been the rule that the penalty imposed in a judgment cannot be in the alternative, even if the law provides for alternative penalties, [24] not can such penalty be subject to a condition. [25] There is no reason why such legal principles in penal law should not apply in administrative disciplinary actions which, as in this case, also involve punitive sanctions. Besides, if the purpose was to extenuate the liability of respondent, the only possible and equivalent rule is in malversation cases holding that the restitution of the peculated funds would be analogous to voluntary surrender if it was immediately and voluntarily made before the case was instituted. [26] The evidently is not the situation here. Also the implementation of the penalty provided in the resolution will involve a cumbersome process since, in order to arrive at the final action to be taken by this Court, it will have to wait for a verified report on whether or not respondent complied with the condition subsequent. WHEREFORE, Atty. Rosendo Meneses III is hereby DISBARRED. Let a copy of this decision be attached to respondents personal records in this Court and furnished the Integrated Bar of the Philippines, together with all courts in the county. SO ORDERED.
THIRD DIVISION [A.C. No. 5235. March 22, 2000] FERNANDO C. CRUZ AND AMELIA CRUZ, complainants, vs. ATTY. ERNESTO C. JACINTO, respondents. Juris R E S O L U T I O N MELO, J .: In their sworn complaint, spouses Fernando C. Cruz and Amelia Manimbo Cruz seek the disbarment of Atty. Ernesto C. Jacinto. The Integrated Bar of the Philippines, through Commissioner Jesulito A. Manalo of the Commissioner on Bar discipline, conducted an investigation. Thereafter, he submitted his Findings and Recommendation, thusly: This is a disbarment case filed by the spouses Fernando and Amelia Cruz against Atty. Ernesto C. Jacinto. This case was filed with the Commission on Bar Discipline last 30 January 1991. The evidence of the complainants show that sometime in June 1990, Atty. Ernesto Jacinto, lawyer of the couple in an unrelated case, requested the Cruz spouses for a loan in behalf of a certain Concepcion G. Padilla, who he claimed to be an old friend as she was allegedly in need of money. The loan requested was for PhP 285,000.00 payable after 100 days for PhP 360,000 to be secured by a real estate mortgage on a parcel of land located at Quezon City. Sc juris The spouses, believing and trusting the representations of their lawyer that Padilla was a good risk, authorized him to start preparing all the necessary documents relative to the registration of the Real Estate Mortgage to secure the payment of the loan in favor of the Cruz spouses. On 4 July 1990, the complainants agreed to the request of Atty. Jacinto and were presented by the latter with a Real Estate Mortgage Contract and a Transfer Certificate of Title No. 127275 in the name of Concepcion G. Padilla. The amount of PhP 285,000.00 was given by the spouses to the respondent in cash (PhP 270,000.00) and a PBCom check no. 713929 for PhP 15,000.00. Upon maturity of the loan on 15 October 1990, the spouses demanded payment from Concepcion G. Padilla by going to the address given by the respondent but there proved to be no person by that name living therein. When the complainants verified the genuineness of TCT No. 127275 with Register of Deeds of Quezon City, it was certified by the said office to be a fake and spurious title. Further efforts to locate the debtor-mortgagor likewise proved futile. Juris sc In their sworn affidavits given before the National Bureau of Investigation (NBI), the spouses claim that they relied much on the reassurances made by Atty. Jacinto as to Concepcion G. Padillas credit, considering that he was their lawyer. It was also their trust and confidence in Atty. Jacinto that made them decide to forego meeting the debtor-mortgagor. The complainants evidence also included the sworn statements of Estrella Ermino-Palipada, the secretary of the respondent at the Neri Law Office, and Avegail Payos, a housemaid of Atty. Jacinto. Ms. Palipada stated that: 1. she was the one who prepared the Real Estate Mortgage Contract and the Receipt of the loan upon the instruction of the respondents; 2. she was a witness to the transaction and never once saw the person of Concepcion G. Padilla, the alleged mortgagor; and that 3. she was instructed by Atty. Jacinto to notarize the said contract by signing the name of one Atty. Ricardo Neri. Avegail Payos, the housemaid of the respondent, in turn stated that she was the one who simulated the signature of one Emmanuel Gimarino, the Deputy Register of Deeds of Quezon City upon the instruction of Atty. Jacinto. This was done to make it appear that the real estate mortgage was registered and the annotation to appear at the back of the TCT as an encumbrance. On 14 November 1997, a case for Estafa thru Falsification of Public documents under Art. 315 was filed against Atty. Jacinto. He was arrested and detained by the NBI. The defense of the respondent, on the other hand, was embodied in his Answer with Motion to Dismiss filed with the Commission on Bar Discipline. Therein, he alleged that the criminal information for estafa thru falsification filed against him had already been dismissed because of the voluntary desistance of the complainants. Misj uris In his version of the facts, Atty. Jacinto averred that while he indeed facilitated the loan agreement between the Cruz spouses and Concepcion G. Padilla, he had no idea that the latter would give a falsified Certificate of Title and use it to obtain a loan. He claimed that he himself was a victim under the circumstances. Respondent further alleged that he had not been remiss nor negligent in collecting the proceeds of the loan; that in fact, he had even advanced the full payment of the loan due to the complainants from his own savings, even if Concepcion G. Padilla had not yet paid, much less found. RECOMMENDATIONS It is every lawyers sworn duty to obey the laws of the land to promote respect for law and legal processes. The Code of Professional Responsibility command that he shall not engage in unlawful, dishonest, immoral or deceitful conduct. (Rule 1.01, Code of Professional Responsibility) Jj lex In the instant case, there was a clear yet unrebutted allegation in the complaint that the Respondent had ordered his secretary and housemaid to falsify the signatures of the notary public and the Deputy Register of Deeds respectively to make it appear that the real estate mortgage contract was duly registered and thus binding. While it may be true that the complaint for Estafa thru Falsification filed against the Respondent had been dismissed, the dismissal was because of the complainants voluntary desistance and not a finding of innocence. It neither confirms nor denies Respondents non-culpability. Furthermore, it is well-settled that disciplinary proceedings are "sui generis", the primary object of which is not so much to punish the individual attorney himself, as to safeguard the administration of justice by protecting the court and the public from the misconduct of lawyers, and to remove from the professions persons whose disregard of their oath have proven them unfit to continue discharging the trust reposed in them as members of the bar. Thus, disciplinary cases may still proceed despite the dismissal of civil and/or criminal cases against a lawyer. A lawyer who does any unlawful fraudulent or dishonest act may and should be held administratively liable therefor. In the case at bar, the Respondent should not be made an exception. While it may be shown that he indeed advanced the payment due to his erstwhile clients, such will not exempt him from administrative liability. At best it can only mitigate. Respondent is recommended to be suspended for six (6) months from the practice of law. (Findings and Recommendation, pp. 1-4) New miso On February 28, 1998, the Board of Governors of the IBP passed Resolution XIII-97-199 adopting and approving the Findings and Recommendation of the Investigating Commissioner, which reads: RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution/Decision as Annex "A" and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, respondent Atty. Ernesto C. Jacinto is SUSPENDED from the practice of law for six (6) months for his unlawful, fraudulent or dishonest act. (Notice of resolution [dated Feb. 28, 1998]). In his Comment and Answer with Motion to Dismiss, respondent averred that complainants have no cause of action against him as the same has been waived, settled, and extinguished on account of the affidavits of voluntary desistance and quitclaim executed by them in the criminal case filed against him. Ncmmis The assertion must necessarily fail. The practice of law is so intimately affected with public interest that it is both a right and a duty of the State to control and regulate it in order to promote the public welfare. The Constitution vests this power of control and regulation in this Court. Since the practice of law is inseparably connected with the exercise of its judicial power in administration of justice, the Court cannot be divested of its constitutionally ordained prerogative which includes the authority to discipline, suspend or disbar any unfit and unworthy member of the Bar by a mere execution of affidavits of voluntary desistance and quitclaim (par. [5], Sec. 5, 1987 Constitution). A lawyer may be disciplined or suspended for any misconduct, whether in his professional or private capacity, which shows him to be wanting in moral character, in honesty, in probity and good demeanor, thus rendering unworthy to continue as an officer of the court (Maligsa vs. Cabanting, 272 SCRA 408 [1997]), and the complainants who called the attention of the Court to the attorneys alleged misconduct are in no sense a party, and have generally no interest in the outcome except as all good citizens may have in the proper administration of justice (Rayos-Ombac vs. Rayos, 285 SCRA 93 [1998]). Undeniably, respondent represented complainants in the loan transaction. By his own admission, he was the one who negotiated with the borrower, his long-time friend and a former client. He acted not merely as an agent but as a lawyer of complaints, thus, the execution of the real estate mortgage contract, as well as its registration and annotation on the title were entrusted to him. In fact, respondent even received his share in the interest earnings which complainants realized from the transaction. His refusal to recognize any wrongdoing or carelessness by claiming that he is likewise a victim when it was shown that the title to the property, the registration of the real estate mortgage contract, and the annotation thereon were all feigned, will not at all exonerate him. Scncm As a rule, a lawyer is not barred from dealing with his client but the business transaction must be characterized with utmost honesty and good faith. However, the measure of good faith which an attorney is required to exercise in his dealings with this client is a much higher standard than is required in business dealings where the parties trade at arms length. Business transactions between an attorney and his client are disfavored and discouraged by the policy of the law. Hence, courts carefully watch these transactions to be sure that no advantage is taken by a lawyer over his client. This rule is founded on public policy for, by virtue of his office, an attorney is in an easy position to take advantage of the credulity and ignorance of his client. Thus, no presumption of innocence or improbability of wrongdoing is considered in an attorneys favor (Nakpit vs. Valdes, 286 SCRA 758 [1998]). Further, his fidelity to the cause of his client requires him to be evermindful of the responsibilities that should be expected of him. Verily, a lawyer may not, without being guilty of professional misconduct, act as counsel for a person whose interest conflicts with that of his former client. The reason for the prohibition is found in the relation of attorney and client, which is one of trust and confidence at the highest degree (Maturan vs. Gonzales, 287 SCRA 943 [1998]). Sdaamiso Respondent utterly failed to perform his duties and responsibilities faithfully and well as to protect the rights and interests of his clients and by his deceitful actuations constituting violations of the Code of Professional Responsibilities must be subjected to disciplinary measures for his own good, as well as for the good of the entire membership of the Bar as a whole. WHEREFORE, the Court hereby adopts the resolution of the Board of Governors of the Integrated Bar of the Philippines and orders respondent Atty. Ernesto C. Jacinto suspended from the practice of law for six (6) months with the warning that a repetition of the same or similar offense will be dealt with more severely. Sdaad SO ORDERED.
SECOND DIVISION [A.C. No. 4762. June 28, 2004] LINDA VDA. DE ESPINO, complainant, vs. ATTY. PEPITO C. PRESQUITO, respondent. R E S O L U T I O N PUNO, J .: On June 9, 1997, Linda Vda. de Espino wrote a letter-complaint [1] with the then Court Administrator Alfredo Benipayo, charging respondent Atty. Pepito C. Presquito, a member of the Integrated Bar of the Philippines (IBP), Misamis Oriental Chapter, for having employed fraud, trickery and dishonest means in refusing to honor and pay [her] late husband Virgilio Espino, when he was still alive, the sum of P763,060.00. According to complainant, respondents unlawful refusal and dilatory tactics partly triggered the death of her husband, who died disillusioned and embittered. [2] The letter-complaint and affidavit also alleged that notwithstanding the numerous oral demands by Mr. Espino and complainant (after the death of Mr. Espino), respondent still refused to pay the amounts represented by the eight checks which had all been dishonored. Complainant surmised that Atty. Presquitos refusal to pay may be due to his reliance on the influence of his father-in-law, a former Executive Judge of the RTC (Cagayan de Oro), and of his uncle, an RTC judge (Cagayan de Oro). The records show that sometime in September 1995, respondent was introduced to complainants late husband, Mr. Virgilio M. Espino. Mr. Espino, a resident of Davao City, had sought the assistance of respondent, a resident of Cagayan de Oro, regarding the sale of his piece of land with an area of 11,057.59 sq.m. situated in Misamis Oriental. The discussion between Mr. Espino and the respondent resulted in the sale of the property to respondent. [3] Under the terms of the agreement between Mr. Espino and respondent, [4] the purchase price of the land wasP1,437,410.00, payable on a staggered basis and by installments. [5] Pursuant to the terms of payment in the agreement, respondent issued eight post-dated checks, totaling P736,060.00. [6] Respondent then entered into a joint venture or partnership agreement with Mrs. Guadalupe Ares for the subdivision of the land into home-size lots and its development, with a portion of the land retained by respondent for his own use. [7] The land was eventually titled in the name of respondent and Mrs. Ares, and subdivided into 35 to 36 lots. Meanwhile, the eight post-dated checks issued by respondent were all dishonored. Mr. Espino made repeated demands for payment from respondent but the latter refused. Mr. Espino died in December 1996. His widow, complainant, then tried to collect from respondent the value of the eight checks. When complainants numerous pleas remained unheeded, she filed the complaint in June 1997. In his comment dated September 22, 1997, respondent denied any wrongdoing, and said that the allegations that he had employed fraud, trickery and dishonest means with the late Mr. Espino were totally false and baseless. The complaint, according to respondent, stemmed from complainants lack of knowledge as to the real story of the transaction between complainants husband and respondent. He also vehemently took exception to the imputation that he was banking on the influence of his father- in-law and uncle-in-law. Respondent does not deny the issuance of the eight checks. What respondent claims, however, is that the nonpayment was justified by the unresolved problems he and Mrs. Ares have with respect to the right-of-way of the land. He alleged that Mr. Espino had made assurances that the land had a right-of-way required for its development, but respondent later found out that such road-right-of-way required the consent of four other land owners, and the expense would be considerably more than he was made to believe. According to respondent, he and Mr. Espino had agreed that the latter would not encash the checks or demand the equivalent of the same until the right-of-way problem of the land had been resolved. [8] Respondents position is that until the problem of obtaining a right-of-way to the land has been resolved, nothing has yet accrued against him or Mrs. Ares (his partner), as it would be very unfair and unjust for them to pay Mr. Espino when the land could not be developed and sold. [9]
Respondent also alleged that he was entitled to set-off against the amount he owes Mr. Espino or his heirs from the purchase of the land, the advances he made to Mr. Espino, and the cost he incurred when he defended Mr. Espinos son in a criminal case. He later on manifested that he has fully paid the portion of the land which had been titled in his name through the same advances and incurred expenses. [10]
In a resolution dated November 26, 1997, [11] the case was referred to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation/decision, and assigned to the IBP-Commission on Bar Discipline (CBD). In the IBP-CBD report dated November 12, 2002, [12] Investigating Commissioner Caesar R. Dulay found that the facts and credible evidence made available in this case indubitably establish respondents failure to live up to the demands of the Lawyers Code of Professional Responsibility and the Canons of Professional Ethics. For having failed to act with candor and fairness toward complainant, Commissioner Dulay recommended that respondent be suspended from the practice of law for six (6) months, and ordered to immediately account with complainant regarding the sale of the piece of land which had been subdivided in the name of respondent and his business partner. On June 21, 2003, the Board of Governors of the IBP passed a Resolution adopting/approving the Report and Recommendation of Commissioner Dulay, finding that respondents lack of fairness and candor and honesty [was] in violation of Rule 1.01 of the Code of Professional Responsibility. After a careful consideration of the record of the instant case, we agree that respondent was wanting in fairness, candor and honesty demanded of him by the Code of Professional Responsibility and the Canons of Professional Ethics. We find, however, the recommended penalty of six (6) months suspension too light considering respondents gross misconduct. Complainants testimony and exhibits have clearly established that: (1) there was an agreement between respondent and complainants late husband for the sale of the latters land; (2) respondent had issued the eight checks in connection with said agreement; (3) these checks were dishonored and remain unpaid; and (4) the land sold had an existing road-right-of- way. Complainants exhibits were formally offered as early as January 6, 1999, [13] and were admitted without objection from respondent. [14]
In the face of these uncontroverted facts, it was incumbent upon respondent to prove a legal excuse or defense for nonpayment of the eight checks. Respondent utterly failed in this regard. From the termination of complainants presentation of evidence on December 1998 until Commissioner Dulays report on November 12, 2002, the records show that respondent was unable to present evidence - either testimonial or documentary - to prove that he had legal cause to refuse payment, or that he was entitled to legal compensation. Even respondents own statements - which, without corroborating evidence, remain mere self- serving allegations - fall short of testimony, as he failed to submit to cross- examination by opposing counsel or for clarificatory questions by the IBP- CBD. Worse, respondent attached eighteen documents to his comment, but only went so far as to mark (without a formal offer) the agreement between him and Mr. Espino (for the sale of the land), and the partnership agreement between him and Mrs. Ares. Thus, respondent had no evidence other than his own allegations. Respondents failure to present evidence is a breach of Rule 12.01 of the Code of Professional Responsibility, [15] especially in the light of the numerous postponements and resettings he requested for and was granted with, on the ground that he needed more time to prepare his evidence. We note that respondent was first scheduled to present his evidence on December 14, 1998. Two years - five resettings, and three orders submitting the case for resolution - later, respondent still had not proffered testimonial or documentary evidence. Respondent claims that his failure to present evidence was due to his financial difficulties, i.e., he could not afford to spend for travel expenses of his witnesses. [16] We are not persuaded. First, it boggles the mind how financial constraints could have prevented respondent from presenting the originals of the documents attached to his comment, proving, among others, the alleged advances and costs on Mr. Espinos behalf. The originals of these documents are presumably in his possession. Second, with respect to the absence of testimony, respondent could have submitted the affidavits of his witnesses - the taking of which he could have done himself in Cagayan de Oro to keep down the cost. The records are clear that he was allowed this option. [17] But he did neither. All these circumstances lead us to the ineluctable conclusion that respondent could not present evidence because there really was none to justify his nonpayment. [18]
Even if we were to excuse respondents procedural lapse and consider his written pleadings as testimony, we agree with Commissioner Dulay that respondents problems with respect to the right-of-way or his partnership with Mrs. Ares do not excuse his nonpayment. As stated in the IBP-CBD report: [T]he solution to the right-of-way problem however clearly lies in the hands of respondent.We note that respondent has already taken title over the property together with Guadalupe Ares by making complainants late husband, sign over the property by way of the Deed of Sale. We therefore find respondents position vis--vis the widowed complainant sneaky and unfair. We reiterate that respondent has assumed responsibility for the negotiations on the road-right-of-way and was aware of the problem. To [sic] our mind he has used the alleged road-right-of-way problem only as an afterthought and a reason to delay and in fact deny the complainant payment of what is due her. Respondent also alleges and blames the deceased husband of complainant for the failed project but the facts show otherwise. They are just bare allegations and remain unsubstantiated. Besides, respondent and Ares took risks in the business venture and are now the titled owners of the property. The seller cannot be blamed for any failure in the project. Respondents actuations in the whole transaction is [sic] not at par with the standards demanded of him as a member of the bar. Respondent is lacking in fairness and candour [sic] and honesty. The fact that he has unreasonably delayed and failed to account with complainant for a long time and the fact of his having allowed the checks he issued to bounce is [sic] unacceptable and censurable behavior for a member of the bar. [19] [citations omitted] Having no legal defense to refuse payment of the eight dishonored checks, respondents indifference to complainants entreaties for payment was conduct unbecoming of a member of the bar and an officer of the court. Respondent violated the Code of Professional Responsibility by his unlawful, dishonest and deceitful conduct towards complainant and her late husband, [20] first by allowing the eight (8) checks he issued to bounce, then by ignoring the repeated demands for payment until complainant was forced to file this complaint, and finally by deliberately delaying the disposition of this case with dilatory tactics. Considering that the property of complainant and her late husband is already in respondent and Mrs. Ares name, the injustice of respondents different maneuvers to evade payment of the eight checks - due and unpaid since 1996 - becomes more manifest. It should be stressed that respondent issued eight (8) worthless checks, seemingly without regard to its deleterious effects to public interest and public order. We have already declared, most recently in Lao v. Medel, [21] that the issuance of worthless checks constitutes gross misconduct, and puts the erring lawyers moral character in serious doubt, though it is not related to his professional duties as a member of the bar. [22] He not only sets himself liable for a serious criminal offense under B.P. Blg. 22, but also transgresses the Code of Professional Responsibility, specifically the mandate of Canon 1 to obey the laws of the land and promote the respect for law. It behooves respondent to remember that a lawyer may be suspended or disbarred for any misconduct, even if it pertains to his private activities, as long as it shows him to be wanting in moral character, honesty, probity or good demeanor. Possession of good moral character is not only a good condition precedent to the practice of law, but a continuing qualification for all members of the bar. [23] A lawyer may be disciplined for any conduct, in his professional or private capacity, that renders him unfit to continue to be an officer of the court. [24] Thus, the Code of Professional Responsibility provides: Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. xxx xxx xxx Rule 7.03 A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. Given the foregoing, and in line with jurisprudence involving lawyers who issued worthless checks - Lao v. Medel, [25] Co v. Bernardino, [26] and Ducat v. Villalon, Jr., [27] - we find respondents reprehensible conduct warrants suspension from the practice of law for one (1) year. WHEREFORE, respondent ATTY. PEPITO C. PRESQUITO is found guilty of gross misconduct and is hereby SUSPENDED from the practice of law for one (1) year, and ORDERED to immediately account with complainant regarding the sale of the piece of land, which has been subdivided in the name of respondent and his business partner. Let a copy of this decision be spread in his file at the Office of the Bar Confidant and of the Integrated Bar of the Philippines. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC A.M. Case No. 3195. December 18, 1989 MA. LIBERTAD SJ CANTILLER, complainant, vs. ATTY. HUMBERTO V. POTENCIANO, respondent. Eduardo Cabreros, Jr. for complainant. R E S O L U T I O N
PER CURIAM Public interest requires that an attorney exert his best efforts and ability in the prosecution or defense of his client's cause. A lawyer who performs that duty with diligence and candor not only protects the interests of his client; he also serves the ends of justice, does honor to the bar and helps maintain the respect of the community to the legal profession. This is so 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 or to the public. That circumstance explains the public concern for the maintenance of an untarnished standard of conduct by every attorney towards his client. 1
Subject of this administrative complaint is Humberto V. Potenciano, a practicing lawyer and a member of the Philippine Bar under Roll No. 21862. He is charged with deceit, fraud, and misrepresentation, and also with gross misconduct, malpractice and of acts unbecoming of an officer of the court. The essential facts are as follows: 2
Complainant herein is the sister of Peregrina Cantiller, defendant in an action for "ejectment" docketed as Civil Case No. 6046 before the Metropolitan Trial Court of Manila, Branch 57, San Juan, Metro Manila. Another action, likewise involving Peregrina but this time as plaintiff, was then pending before the Regional Trial Court, Branch 168, Pasig, Metro Manila docketed as Civil Case No. 54117 for "reconveyance with damages." Both actions involve the apartment unit being rented by complainant and her sister. When the two cases were concluded, Peregrina came out the losing party. Civil Case No. 54117 for reconveyance was ordered dismissed by the Regional Trial Court on June 8, 1987 while Civil Case No. 6046 for ejectment was decided by the Metropolitan Trial Court against her. On October 8, 1987 pursuant to the writ of execution issued in Civil Case No. 6046 for ejectment, complainant and Peregrina were served a notice to vacate the rented premises within four (4) days from receipt of notice. Desperate and at a loss on what to do, they consulted a certain Sheriff Pagalunan, on the matter. Pagalunan, in turn, introduced them to herein respondent. After such introduction, the parties "impliedly agreed" that respondent would handle their case. Forthwith, a petition entitled "Annulment of Judgment, Annulment of Sale and Damages with prayer for Preliminary Injunction and/or Status Quo Order, etc." was prepared by respondent to forestall the execution of the order to vacate in Civil Case No. 6046. In the afternoon of October 9,1987, the complainant was made to sign by respondent what she described as a "[h]astily prepared, poorly conceived, and haphazardly composed 3 petition for annulment of judgment. Complainant alleges that respondent promised her that the necessary restraining order would be secured if only because the judge who would hear the matter was his "katsukaran" (close friend). Thereupon, the petition was filed with the Regional Trial Court, Branch 153, Pasig, Metro Manila and docketed as Civil Case No. 55118. Respondent demanded from the complainant one thousand pesos (P l,000.00) as attorney's fee which the latter paid that same afternoon. However, when the case was raffled and assigned to Branch 153, the presiding judge asked respondent to withdraw as counsel in the case on the ground of their friendship. On October 11, 1987, respondent went to the house of complainant and asked her to be ready with two thousand pesos (P 2,000.00) to be given to another judge who will issue the restraining order in the ejectment case (Civil Case No. 6046). Complainant and her sister were only able to raise the amount of one thousand pesos which they immediately gave to respondent. Later respondent informed the complainant and her sister that he could not locate the judge who would issue the restraining order. The parties, then, instead went to the Max's Restaurant where respondent ordered some food - including two plastic bags of food allegedly to be given to the judge who would issue the restraining order. At this juncture, respondent asked for the remaining balance of the two thousand pesos (P 2,000.00) which he earlier demanded. Complainant gave her last money-a ten dollar ($ 10.00) bill. Sometime after the filing of Civil Case No. 55118, respondent informed complainant and Peregrina that there was a need to file another case with the Regional Trial Court to enable them to retain possession of the apartment. For this purpose, respondent told complainant to prepare the amount of Ten Thousand Pesos (P 10,000.00) allegedly to be deposited with the Treasurer's Office of Pasig as purchase price of the apartment and another one thousand pesos (P 1,000.00) to cover the expenses of the suit. Respondent stressed to the complainant the need and urgency of filing the new complaint. Complainant and Peregrina raised the said amounts through the kindness of some friends and relatives. On October 26,1987, the money was handed over to the respondent. On the same date, a complaint for "Specific Performance, Annulment of Simulated or Spurious Sale with Damages," later docketed as Civil Case No. 55210, was filed by respondent with the Regional Trial Court, Branch 165, Pasig, Metro Manila. At the hearing of the preliminary injunction in Civil Case No. 55118 on October 30, 1987, respondent, contrary to his promise that he would secure a restraining order, withdrew his appearance as counsel for complainant. Complainant was not able to get another lawyer as replacement. Thus, no restraining order or preliminary injunction was obtained. As a consequence, the order to vacate in Civil Case No. 6046 was eventually enforced and executed. Sometime thereafter, it came to complainant's knowledge that there was really no need to make a deposit of ten thousand pesos (P l0,000.00) relative to Civil Case No. 55210. After further inquiry, she found out that in fact there was no such deposit made. Thus, on December 23,1987, complainant sent a demand letter to respondent asking for the return of the total amount of eleven thousand pesos (P 11,000.00) which the former earlier gave to the latter. However, this letter was never answered and the money was never returned. Hence, complainant lodged this administrative complaint against herein respondent. Meanwhile, on December 29,1987, the Regional Trial Court, Branch 153, dismissed Civil Case No. 55118 for failure to state a cause of action. 4 On January 20,1988, Civil Case No. 5521 0 was likewise dismissed for being identical with Civil Case No. 55118. 5
Respondent in his answer contends that the filing of Civil Cases Nos. 55118 and 55210 was done in good faith and that the allegations of complainant relative to the administrative charge against him are all lies, product of one's imagination and only intended to harrass him. 6
This Court agrees that the petitions in Civil Cases Nos. 55118 and 55210 appear to be poorly prepared and written. having represented himself capable of picking up the cudgels for the apparently lost cause of complainant respondent should have carefully prepared the pleadings if only to establish the justness of his representation. The little time involved is no excuse. Complainant reposed full faith in him. His first duty was to file the best pleading within his capability. Apparently respondent was more interested in getting the most out of the complainant who was in a hopeless situation. He bragged about his closeness to the judge concerned in one case and talked about the need to "buy" the restraining order in the other. Worse still he got P 10,000.00 as alleged deposit in court which he never deposited. Instead he pocketed the same. The pattern to milk the complainant dry is obvious. When a lawyer takes a client's cause, he thereby covenants that he will exert all effort for its prosecution until its final conclusion. The failure to exercise due diligence or the abandonment of a client's cause makes such lawyer unworthy of the trust which the client had reposed on him. The acts of respondent in this case violate the most elementary principles of professional ethics . 7
The Court finds that respondent failed to exercise due diligence in protecting his client's interests. Respondent had knowledge beforehand that he would be asked by the presiding judge in Civil Case No. 55118 to withdraw his appearance as counsel by reason of their friendship. Despite such prior knowledge, respondent took no steps to find a replacement nor did he inform complainant of this fact. Even assuming that respondent had no previous knowledge that he would be asked to withdraw, the record is quite clear that four (4) days prior to the hearing of the preliminary injunction in Civil Case No. 55118 respondent already filed a motion therein withdrawing as complainant's counsel interposing as reason therefor his frequent attacks of pain due to hemorrhoids. Despite this void, respondent failed to find a replacement. He did not even ask complainant to hire another lawyer in his stead. 8
His actuation is definitely inconsistent with his duty to protect with utmost dedication the interest of his client and of the fidelity, trust and confidence which he owes his client. 9 More so in this case, where by reason of his gross negligence complainant thereby suffered by losing all her cases. The filing of Civil Case No. 55210 on October 26, 1987, the same day that he had already filed a motion to withdraw as counsel for complainant in Civil Case No. 55118, reveals his lack of good faith as an advocate. He also failed to appear for the complainant in said case. It was all a show to get more money from her. This adversely reflects on his fitness to practice law. When confronted with this evident irregularity, he lamely stated that while he did not physically appear for complainant he nevertheless prepared and drafted the pleadings. His services were engaged by complainant hoping that the property subject of the ejectment proceeding would be returned to her. In fact, it was respondent who persuaded complainant that the filing of these two cases simultaneously were the means by which this objective can be achieved. His duty was not only to prepare the pleadings but to represent complainant until the termination of the cases. This he failed to do. His representation that there was an immediate need to file Civil Case No. 55210 when he already knew that he could no longer physically handle the same is an act of deception of his client. 10 It shows lack of fidelity to his oath of office as a member of the Philippine bar. The allegation of respondent that the ten thousand pesos (P 10,000.00) was given to him as fee for his services, is simply incredible. Indeed, such amount is grossly disproportionate with the service he actually rendered. 11 And his failure to return even a portion of the amount upon demand of complainant all the more bolsters the protestation of complainant that respondent does not deserve to remain as an officer of the court. Lawyers are indispensable part of the whole system of administering justice in this jurisdiction. At a time when strong and disturbing criticisms are being hurled at the legal profession, strict compliance with one's oath of office and the canons of professional ethics is an imperative. Lawyers should be fair, honest, respectable, above suspicion and beyond reproach in dealing with their clients. The profession is not synonymous with an ordinary business proposition. It is a matter of public interest. WHEREFORE, after considering the entirety of the circumstances present in this case, this Court finds Atty. Humberto V. Potenciano to be guilty of the charges against him and hereby SUSPENDS him from the practice of law for an indefinite period until such time he can demonstrate that he has rehabilitated himself as to deserve to resume the practice of law. Finally, respondent is hereby ordered to return to complainant herein the sum of eleven thousand pesos (P11,000.00) with legal interest from the date of this resolution until it is actually returned. SO ORDERED. Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez Jr., Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Cortes, Grio-Aquino, Medialdea and Regalado, JJ., concur. Footnotes
EN BANC [G.R. No. 94457. October 16, 1997] VICTORIA LEGARDA, petitioner, vs. THE HONORABLE COURT OF APPEALS, NEW CATHAY HOUSE, INC., THE HONORABLE REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 94, respondents. R E S O L U T I O N ROMERO, J .: For our resolution is the motion for reconsideration of the March 18, 1991, decision of the Courts's First Division, filed by private respondents New Cathay House, Inc. (Cathay). A brief narration of facts is in order. The parties hereto entered into a lease agreement over a certain Quezon City property owned by petitioner Victoria Legarda. For some reason or another, she refused to sign the contract although respondent lessee, Cathay, made a deposit and a down payment of rentals, prompting the latter to file before the Regional Trial Court of Quezon City, Branch 94 a complaint [1] against the former for specific performance with preliminary injunction and damages. The court a quo issued the injunction. In the meantime, Legardas counsel, noted lawyer Dean Antonio Coronel, requested a 10-day extension of time to file an answer which the court granted. Atty. Coronel, however, failed to file an answer within the extended period. His client was eventually declared in default, Cathay was allowed to present evidence ex-parte, and on March 25, 1985, a judgment by default was reached by the trial court ordering Legarda to execute the lease contract in favor of, and to pay damages to, Cathay. On April 9, 1985, a copy of said decision was served on Atty. Coronel but he took no action until the judgment became final and executory. A month later, the trial court issued a writ of execution and a public auction was held where Cathays manager, Roberto V. Cabrera, Jr., as highest bidder, was awarded the property for P376,500.00 in satisfaction of the judgment debt. Consequently, a Certificate of Sale was issued by the sheriff on June 27, 1985. Upon failure of Legarda to redeem her property within the one-year redemption period, a Final Deed of Sale was issued by the sheriff on July 8, 1986, which was registered by Cabrera with the Register of Deeds three days later. Hence, Legardas Transfer Certificate of Title (TCT) No. 270814 was cancelled with the issuance of TCT No. 350892 in the name of Cabrera. Despite the lapse of over a year since the judgment by default became final and executory, Atty. Coronel made no move on behalf of his client. He did not even inform her of all these developments. When Legarda did learn of the adverse decision, she nevertheless did not lose faith in her counsel [2] and prevailed upon him to seek appropriate relief. Thus, on October 23, 1986, he filed a petition for annulment of judgment with prayer for the issuance of a writ of preliminary mandatory injunction before the Court of Appeals. [3]
On November 29, 1989, the appellate court rendered a decision affirming the March 25, 1985, decision of the trial court, dismissing the petition for annulment of judgment, and holding Legarda bound by the negligence of her counsel. It considered her allegation of fraud by Cathay to be improbable, and added that there was pure and simple negligence on the part of petitioners counsel who failed to file an answer and, later, a petition for relief from judgment by default. Upon notice of the Court of Appeals decision, Atty. Coronel again neglected to protect his clients interest by failing to file a motion for reconsideration or to appeal therefrom until said decision became final on December 21, 1989. Sometime in March 1990, Legarda learned of the adverse decision of the Court of Appeals dated November 29, 1989, not from Atty. Coronel but from his secretary. She then hired a new counsel for the purpose of elevating her case to this Court. The new lawyer filed a petition for certiorari praying for the annulment of the decision of the trial and appellate courts and of the sheriffs sale, alleging, among other things, that Legarda lost in the courts below because her previous lawyer was grossly negligent and inefficient, whose omissions cannot possibly bind her because this amounted to a violation of her right to due process of law. She, therefore, asked Cathay (not Cabrera) to reconvey the subject property to her. On March 18, 1991, a decision [4] was rendered in this case by Mr. Justice Gancayco, ruling, inter alia, as follows: (a) granting the petition; (b) nullifying the trial courts decision dated March 25, 1985, the Court of Appeals decision dated November 29, 1989, the Sheriffs Certificate of Sale dated June 27, 1985, of the property in question, and the subsequent final deed of sale covering the same property; and (c) ordering Cathay to reconvey said property to Legarda, and the Register of Deeds to cancel the registration of said property in the name of Cathay (not Cabrera) and to issue a new one in Legardas name. The Court then declared that Atty. Coronel committed, not just ordinary or simple negligence, but reckless, inexcusable and gross negligence, which deprived his client of her property without due process of law. His acts, or the lack of it, should not be allowed to bind Legarda who has been consigned to penury because her lawyer appeared to have abandoned her case not once but repeatedly. Thus, the Court ruled against tolerating such unjust enrichment of Cathay at Legardas expense, and noted that counsels lack of devotion to duty is so gross and palpable that this Court must come to the aid of his distraught client. Aggrieved by this development, Cathay filed the instant motion for reconsideration, alleging, inter alia, that reconveyance is not possible because the subject property had already been sold by its owner, Cabrera, even prior to the promulgation of said decision. By virtue of the Gancayco decision, Cathay was duty bound to return the subject property to Legarda. The impossibility of this directive is immediately apparent, for two reasons: First, Cathay neither possessed nor owned the property so it is in no position to reconvey the same; second, even if it did, ownership over the property had already been validly transferred to innocent third parties at the time of promulgation of said judgment. There is no question that the highest bidder at the public auction was Cathays manager. It has not been shown nor even alleged, however, that Roberto Cabrera had all the time been acting for or in behalf of Cathay. For all intents and purposes, Cabrera was simply a vendee whose payment effectively extinguished Legardas liability to Cathay as the judgment creditor. No proof was ever presented which would reveal that the sale occurred only on paper, with Cabrera acting as a mere conduit for Cathay. What is clear from the records is that the auction sale was conducted regularly, that a certificate of sale and, subsequently, a final deed of sale were issued to Cabrera which allowed him to consolidate his ownership over the subject property, register it and obtain a title in his own name, and sell it to Nancy Saw, an innocent purchaser for value, at a premium price. Nothing on record would demonstrate that Cathay was the beneficiary of the sale between Cabrera and Saw. Cabrera himself maintained that he was acting in his private (as distinct from his corporate) capacity [5] when he participated in the bidding. Since the decision of the Court of Appeals gained finality on December 21, 1989, the subject property has been sold and ownership thereof transferred no less than three times, viz.: (a) from Cabrera to Nancy Saw on March 21, 1990, four months after the decision of the Court of Appeals became final and executory and one year before the promulgation of the March 18, 1991, decision under reconsideration; (b) from Nancy Saw to Lily Tanlo Sy Chua on August 7, 1990, more than one year before the Court issued a temporary restraining order in connection with this case; and (c) from the spouses Victor and Lily Sy Chua to Janet Chong Luminlun on April 3, 1992. With these transfers, Cabreras TCT No. 350892 gave way to Saws TCT No. 31672, then to Chuas TCT No. 31673, and finally to Luminluns TCT No. 99143, all issued by the Register of Deeds of Quezon City on April 3, 1990, August 8, 1990, and November 24, 1993, respectively. We do not have to belabor the fact that all the successors-in-interest of Cabrera to the subject lot were transferees for value and in good faith, having relied as they did on the clean titles of their predecessors. The successive owners were each armed with their own indefeasible titles which automatically brought them under the aegis of the Torrens System. As the Court declared in Sandoval v. Court of Appeals, [6] (i)t is settled doctrine that one who deals with property registered under the Torrens system need not go beyond the same, but only has to rely on the title. He is charged with notice only of such burdens and claims as are annotated on the title. [7] In the case at bar, it is not disputed that no notice of lis pendens was ever annotated on any of the titles of the subsequent owners. And even if there were such a notice, it would not have created a lien over the property because the main office of a lien is to warn prospective buyers that the property they intend to purchase is the subject of a pending litigation. Therefore, since the property is already in the hands of Luminlun, an innocent purchaser for value, it can no longer be returned to its original owner by Cabrera, much less by Cathay itself. Another point to consider, though not raised as an issue in this case, is the fact that Cabrera was impleaded as a party-respondent only on August 12, 1991, after the promulgation of the Gancayco decision. [8] The dispositive portion itself ordered Cathay, instead of Cabrera to reconvey the property to Legarda. Cabrera was never a party to this case, either as plaintiff-appellee below or as respondent in the present action. Neither did he ever act as Cathays representative. As we held in the recent case of National Power Corporation v. NLRC, et al., [9] (j)urisdiction over a party is acquired by his voluntary appearance or submission to the court or by the coercive process issued by the court to him, generally by service of summons. [10] In other words, until Cabrera was impleaded as party respondent and ordered to file a comment in the August 12, 1991, resolution, the Court never obtained jurisdiction over him, and to command his principal to reconvey a piece of property which used to be HIS would not only be inappropriate but would also constitute a real deprivation of ones property without due process of law. Assuming arguendo that reconveyance is possible, that Cathay and Cabrera are one and the same and that Cabreras payment redounded to the benefit of his principal, reconveyance, under the facts and evidence obtaining in this case, would still not address the issues raised herein The application of the sale price to Legardas judgment debt constituted a payment which extinguished her liability to Cathay as the party in whose favor the obligation to pay damages was established. [11] It was a payment in the sense that Cathay had to resort to a court-supervised auction sale in order to execute the judgment. [12] With the fulfillment of the judgment debtors obligation, nothing else was required to be done. Under the Gancayco ruling, the order of reconveyance was premised on the alleged gross negligence of Legardas counsel which should not be allowed to bind her as she was deprived of her property without due process of law. It is, however, basic that as long as a party was given the opportunity to defend her interests in due course, she cannot be said to have been denied due process of law, for this opportunity to be heard is the very essence of due process. The chronology of events shows that the case took its regular course in the trial and appellate courts but Legardas counsel failed to act as any ordinary counsel should have acted, his negligence every step of the way amounting to abandonment, in the words of the Gancayco decision. Yet, it cannot be denied that the proceedings which led to the filing of this case were not attended by any irregularity. The judgment by default was valid, so was the ensuing sale at public auction. If Cabrera was adjudged highest bidder in said auction sale, it was not through any machination on his part. All of his actuations that led to the final registration of the title in his name were aboveboard, untainted by any irregularity. The fact that Cabrera is an officer of Cathay does not make him a purchaser in bad faith. His act in representing the company was never questioned nor disputed by Legarda. And while it is true that he won in the bidding, it is likewise true that said bidding was conducted by the book. There is no call to be alarmed that an official of the company emerges as the winning bidder since in some cases, the judgment creditor himself personally participates in the bidding. There is no gainsaying that Legarda is the judgment debtor here. Her property was sold at public auction to satisfy the judgment debt. She cannot claim that she was illegally deprived of her property because such deprivation was done in accordance with the rules on execution of judgments. Whether the money used to pay for said property came from the judgment creditor or its representative is not relevant. What is important is that it was purchased for value. Cabrera parted with real money at the auction. In his Sheriffs Certificate of Sale dated June 27, 1985, [13] Deputy Sheriff Angelito R. Mendoza certified, inter alia, that the highest bidder paid to the Deputy Sheriff the said amount of P376,500.00, the sale price of the levied property. If this does not constitute payment, what then is it? Had there been no real purchase and payment below, the subject property would never have been awarded to Cabrera and registered in his name, and the judgment debt would never have been satisfied. Thus, to require either Cathay or Cabrera to reconvey the property would be an unlawful intrusion into the lawful exercise of his proprietary rights over the land in question, an act which would constitute an actual denial of property without due process of law. It may be true that the subject lot could have fetched a higher price during the public auction, as Legarda claims, but the fail to betray any hint of a bid higher than Cabreras which was bypassed in his favor. Certainly, he could not help it if his bid of only P376,500.00 was the highest. Moreover, in spite of this allegedly low selling price, Legarda still failed to redeem her property within the one-year redemption period. She could not feign ignorance of said sale on account of her counsels failure to so inform her, because such auction sales comply with requirements of notice and publication under the Rules of Court. In the absence of any clear and convincing proof that such requirements were not followed, the presumption of regularity stands. Legarda also claims that she was in the United States during the redemption period, but she admits that she left the Philippines only on July 13, 1985, or sixteen days after the auction sale of June 27, 1985. Finally, she admits that her mother Ligaya represented her during her absence. [14] In short, she was not totally in the dark as to the fate of her property and she could have exercised her right of redemption if she chose to, but she did not. Neither Cathay nor Cabrera should be made to suffer for the gross negligence of Legardas counsel. If she may be said to be innocent because she was ignorant of the acts of negligence of her counsel, with more reason are respondents truly innocent. As between two parties who may lose due to the negligence or incompetence of the counsel of one, the party who was responsible for making it happen should suffer the consequences. This reflects the basic common law maxim, so succinctly stated by Justice J.B.L. Reyes, that . . . (B)etween two innocent parties, the one who made it possible for the wrong to be done should be the one to bear the resulting loss. [15] In this case, it was not respondents, Legarda, who misjudged and hired the services of the lawyer who practically abandoned her case and who continued to retain him even after his proven apathy and negligence. The Gancayco decision makes much of the fact that Legarda is now consigned to penury and, therefore, this Court must come to the aid of the distraught client. It must be remembered that this Court renders decisions, not on the basis of emotions but on its sound judgment, applying the relevant, appropriate law. Much as it may pity Legarda, or any losing litigant for that matter, it cannot play the role of a knight in shining armor coming to the aid of someone, who through her weakness, ignorance or misjudgment may have been bested in a legal joust which complied with all the rules of legal proceedings. In Vales v. Villa, [16] this Court warned against the danger of jumping to the aid of a litigant who commits serious error of judgment resulting in his own loss: x x x Courts operate not because one person has been defeated or overcome by another, but because he has been defeated or overcome illegally. Men may do foolish things, make ridiculous contracts, use miserable judgment, and lose money by them - indeed, all they have in the world; but not for that alone can the law intervene and restore. There must be, in addition, a violation of law, the commission of what the law knows as an actionable wrong, before the courts are authorized to lay hold of the situation and remedy it." Respondents should not be penalized for Legardas mistake. If the subject property was at all sold, it was only after the decisions of the trial and appellate courts had gained finality. These twin judgments, which were nullified by the Gancayco decision, should be respected and allowed to stand by this Court for having become final and executory. A judgment may be broadly defined as the decision or sentence of the law given by a court or other tribunal as the result of proceedings instituted therein. [17] It is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and determines the proceeding, and it is regarded as the sentence of the law pronounced by the court on the action or question before it. [18]
In the case at bar, the trial courts judgment was based on Cathays evidence after Legarda was declared in default. Damages were duly awarded to Cathay, not whimsically, but upon proof of its entitlement thereto. The issue of whether the plaintiff (Cathay) deserved to recover damages because of the defendants (Legardas) refusal to honor their lease agreement was resolved. Consequently, the right of Cathay to be vindicated for such breach and the liability incurred by Legarda in the process were determined. This judgment became final when she failed to avail of remedies available to her, such as filing a motion for reconsideration or appealing the case. At the time, the issues raised in the complaint had already been determined and disposed of by the trial court. [19] This is the stage of finality which judgments must at one point or another reach. In our jurisdiction, a judgment becomes ipso facto final when no appeal is perfected or the reglementary period to appeal therefrom expires. The necessity of giving finality to judgments that are not void is self-evident. The interests of society impose it. The opposite view might make litigations more unendurable than the wrongs (they are) intended to redress. It would create doubt, real or imaginary, and controversy would constantly arise as to what the judgment or order was. Public policy and sound practice demand that, at the risk of occasional errors, judgments of courts should become final at some definite date fixed by law. The very object for which courts were instituted was to put an end to controversies. [20] When judgments of lower courts gain finality, they, too, become inviolable, impervious to modification. They may, then, no longer be reviewed, or in any way modified directly or indirectly, by a higher court, not even by the Supreme Court. [21] In other words, once a judgment becomes final, the only errors that may be corrected are those which are clerical. [22]
From the foregoing precedents, it is readily apparent that the real issue that must be resolved in this motion for reconsideration is the alleged illegality of the final judgments of the trial and appellate courts. Void judgments may be classified into two groups: those rendered by a court without jurisdiction to do so and those obtained by fraud or collusion. [23] This case must be tested in light of the guidelines governing the latter class of judgments. In this regard, an action to annul a judgment on the ground of fraud will not lie unless the fraud is extrinsic or collateral and facts upon which it is based (have) not been controverted or resolved in the case where (the) judgment was rendered. [24] Where is the fraud in the case at bar? Was Legarda unlawfully barred from the proceedings below? Did her counsel sell her out to the opponent? It must be noted that, aside from the fact that no extrinsic fraud attended the trial and resolution of this case, the jurisdiction of the court a quo over the parties and the subject matter was never raised as an issue by Legarda. Such being the case, the decision of the trial court cannot be nullified. Errors of judgment, if any, can only be reviewed on appeal, failing which the decision becomes final and executory, valid and binding upon the parties in the case and their successors in interest. [25]
At this juncture, it must be pointed out that while Legarda went to the Court of Appeals claiming precisely that the trial courts decision was fraudulently obtained, she grounded her petition before the Supreme Court upon her estranged counsels negligence. This could only imply that at the time she filed her petition for annulment of judgment, she entertained no notion that Atty. Coronel was being remiss in his duties. It was only after the appellate courts decision had become final and executory, a writ of execution issued, the property auctioned off then sold to an innocent purchasers for value, that she began to protest the alleged negligence of her attorney. In most cases, this would have been dismissed outright for being dilatory and appearing as an act of desperation on the part of a vanquished litigant. The Gancayco ruling, unfortunately, ruled otherwise. Fortunately, we now have an opportunity to rectify a grave error of the past. WHEREFORE, the Motion for Reconsideration of respondent New Cathay House, Inc. is hereby GRANTED. Consequently, the decision dated March 18, 1991, of the Courts First Division is VACATED and SET ASIDE. A new judgment is hereby entered DISMISSING the instant petition for review and AFFIRMING the November 29, 1989, decision of the Court of Appeals in CA- G.R. No. SP-10487. Costs against petitioner Victoria Legarda. SO ORDERED.
THIRD DIVISION
Spouses EDUARDO and A.C. No. 5039 TERESITA GARCIA, Complainants, Present:
Panganiban, J., Chairman, Sandoval-Gutierrez, - versus - Corona, Carpio Morales, and Garcia, JJ
Promulgated: Atty. ROLANDO S. BALA, Respondent. November 25, 2005 x -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- x
DECISION
PANGANIBAN, J.:
he practice of law is a privilege bestowed on lawyers who meet the high standards of legal proficiency and morality. Any conduct that shows a violation of the norms and values of the legal profession exposes the lawyer to administrative liability.
T The Case and the Facts
On April 8, 1999, Spouses Eduardo and Teresita Garcia filed before this Court a Letter-Complaint [1] against Atty. Rolando S. Bala. According to complainants, he failed to render a legal service contracted -- the preparation of a petition for review that he was to file with the Court of Appeals (CA) in connection with DARAB Case No. 5532. Moreover, he supposedly refused to return the P9,200 legal fees they had paid him for the purpose. Finally, he allegedly hurled invectives at them when they asked him for a copy of the petition that he claimed to have filed.
This Court required respondent to comment on the Complaint. [2] He failed to comply; thus, he was presumed to have waived his right to be heard. [3] In its Resolution, the Court referred the case to the Integrated Bar of the Philippines (IBP) for investigation, report, and recommendation. [4]
Report of the Investigating Commissioner
In her September 23, 2004 Report, [5] Investigating IBP Commissioner Teresita J. Herbosa found respondent guilty of violating the Code of Professional Responsibility.
Despite due notice, he neither submitted a position paper nor appeared at any of the hearings [6] called by the Commission. Thus, the case was decided on the basis of complainants evidence.
According to the findings of Commissioner Herbosa, complainants engaged the services of respondent (sometime in May 1998) [7] to appeal to the CA the adverse Decision of the Department of Agrarian Relations Adjudication Board (DARAB). [8] Instead, he erroneously filed a Notice of Appeal [9] with the DARAB. Under Rule 43 of the Rules of Court, appeals from the decisions of the DARAB should be filed with the CA through a verified petition for review. [10]
Because of respondents error, the prescribed period for filing the petition lapsed, to the prejudice of his clients.
Commissioner Herbosa gave no credence, however, to the allegation of complainants that respondent had deceived them by resorting to a wrong remedy. While opining that he might not have been in bad faith in filing a notice of appeal instead of a petition for review, the commissioner in her Report nonetheless held that his failure to use the proper legal remedy constituted lack of professional competency that warranted an appropriate sanction. [11]
The Report also concluded that respondent should be sanctioned for his unjustified refusal and failure to return the money paid by his clients. [12]
Their payment totaled P9,200, broken down as follows: P5,000 to write the appeal; P700 to mail it; and an additional P3,500 for writing the pleading on short notice. He, however, failed to return the money despite his promise -- and his obligation under the circumstances -- to do so. [13]
Finally, Commissioner Herbosa held that respondent should be sanctioned further for uttering unsavory words against complainants during one instance when they had called on him to ask for a copy of the supposed appeal. Hence, she recommended that, aside from a fine of P5,000 and the return to complainants of the amount of P9,200, suspension from the practice of law for a period of six months should be imposed upon him.
Recommendation of the IBP Board of Governors
On March 12, 2005, the Board of Governors of the IBP passed Resolution No. XVI-2005-74, [14] which adopted with modification the Report and Recommendation of the investigating commissioner. It recommended that respondent should be reprimanded and suspended from the practice of law for six months; and that he should return, within thirty days from his receipt of the Decision, the amount of P9,200, with legal interest from the filing of the present Complaint with this Court. [15]
The Court's Ruling
We agree with the findings and recommendation of the IBP.
Administrative Liability of Respondent
The practice of law is considered a privilege bestowed by the State on those who show that they possessed and continue to possess the legal qualifications for it. [16] Indeed, lawyers are expected to maintain at all times a high standard of legal proficiency and morality, including honesty, integrity and fair dealing. [17] They must perform their fourfold duty to society, the legal profession, the courts and their clients, in accordance with the values and norms of the legal profession as embodied in the Code of Professional Responsibility. [18]
Negligence for Wrong Remedy
The Code of Professional Responsibility [19] mandates lawyers to serve their clients with competence and diligence. [20] Rule 18.02 states that a lawyer shall not handle any legal matter without adequate preparation. Specifically, Rule 18.03 provides that a lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable.
Once lawyers agree to take up the cause of a client, they owe fidelity to the cause and must always be mindful of the trust and confidence reposed in them. [21] A client is entitled to the benefit of any and every remedy and defense authorized by law, and is expected to rely on the lawyer to assert every such remedy or defense. [22]
Evidently, respondent failed to champion the cause of his clients with wholehearted fidelity, care and devotion. Despite adequate time, he did not familiarize himself with the correct procedural remedy as regards their case. Worse, he repeatedly assured them that the supposed petition had already been filed. [23]
Since he effectively waived his right to be heard, the Court can only assume that there was no valid reason for his failure to file a petition for review, and that he was therefore negligent.
Conduct Unbecoming
Having become aware of the wrong remedy he had erroneously taken, respondent purposely evaded complainants, refused to update them on the appeal, and misled them as to his whereabouts. [24] Moreover, on June 17, 1998, he uttered invectives at them when they visited him for an update on the case. [25]
Rule 18.04 of the Code of Professional Responsibility states that a lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the clients request for information. Accordingly, complainants had the right to be updated on the developments and status of the case for which they had engaged the services of respondent. [26] But he apparently denied them that right.
Furthermore, for using unsavory words against complainants, he should also be sanctioned. Lawyers may be disciplined -- whether in their professional or in their private capacity -- for any conduct that is wanting in morality, honesty, probity and good demeanor. [27] Canon 7 of the Code of Professional Responsibility mandates a lawyer to uphold the integrity and dignity of the legal profession at all times.
In addition, the Court notes the nonparticipation of respondent even in the present proceedings. He ignored the directive for him to file his comment, [28] just as he had disregarded the IBP hearing commissioners orders [29] for the conduct of hearings, submission of documentary evidence and position paper. Never did he acknowledge or offer any excuse for his noncompliance. Clearly, his conduct manifests his disrespect of judicial authorities. Despite the fact that his profession and honor are at stake, he did not even bother to speak a word in his defense. Apparently, he has no wish to preserve the dignity and honor expected of lawyers and the legal profession. His demeanor is clearly demeaning.
The Need to Reimburse the Money Paid
Under the present factual circumstances, respondent should return the money paid by complainants. First, his legal services were virtually nullified by his recourse to the wrong remedy. Complainants would not have lost their right to appeal had he acted competently.
Second, the legal fees were not commensurate to the services rendered. Complainants engaged his legal services to appeal the DARAB Decision, but all he did was to file a Notice of Appeal. [30]
Additionally, he had already promised them a refund of the money paid, yet he failed to do so.
The Court may ascertain how much attorneys fees are reasonable under the circumstances. [31] In the present case, the request of complainants for a full refund of the attorneys fees they had paid effectively challenged the contract; it was as though the parties had no express stipulation as to those fees. [32] Quantum meruit therefore applies.
Quantum meruit -- meaning as much as he deserves -- is used as basis for determining a lawyers professional fees in the absence of a contract. [33]
Lawyers must be able to show that they are entitled to reasonable compensation for their efforts in pursuing their clients case, taking into account certain factors in fixing the amount of legal fees. [34] Based on the circumstances of the present case, the legal services actually rendered by respondent were too insignificant for remuneration because of the uselessness of the remedy he took.
This Court has imposed the penalty of suspension for six months for a lawyers negligence in failing to perfect an appeal. [35] Considering the similarity of the circumstances with those prevailing in this case, we find the imposition of the same penalty reasonable.
WHEREFORE, Atty. Rolando S. Bala is found guilty of negligence and conduct unbecoming a lawyer; he is hereby SUSPENDED from the practice of law for six months, effective upon his receipt of this Decision. Furthermore, he is ORDERED to pay Spouses Eduardo and Teresita Garcia the amount ofP9,200 -- with legal interest from April 8, 1999 -- within 30 days from his receipt of this Decision. He is further WARNED that a repetition of the same or similar offenses will be dealt with more severely. Let a copy of this Decision be entered in the record of respondent as attorney. Further, let other copies be served on the IBP and on the Office of the Court Administrator, which is directed to circulate them to all the courts in the country for their information and guidance.
SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-11724 November 23, 1959 WACK WACK GOLF AND COUNTRY CLUB, INC., petitioner, vs. COURT OF APPEALS, PETRONILO ARCANGEL and ANTONIO D. BERNARDO, respondents. Juan T. Chuidian Law Office for petitioner. Amado A. Yatco for respondent Petronilo Arcangel. Deogracias T. Reyes, Benjamin C. Yatco and Ernesto Pangalangan for respondent Antonino B. Bernardo. BARRERA, J .: These petitions were filed by the Wack Wack Golf and Country Club, Inc., to review the decisions of the Court of Appeals in two cases involving the same corporation. (CA-G. R. No. 15910-R and CA- G. R. No. 15902-R). As the issues raised in said cases relate to the same principle of law, we shall take them up jointly and resolve the questions assigned therein in a single decision. G. R. No. L- 11724, (CA-G. R. No. 15910). Petronilo Arcangel, a former employee of the Wack Wack Golf and Country Club, Inc., filed with the Court of First Instance of Manila a money claim for overtime services rendered to said employer, for unenjoyed vacation leave, moral damages and attorney's fees. The employer having filed its answer to the complaint, the case was accordingly set for trial. At the hearing of May 6, 1955, however, neither the defendant (employer) nor its counsel, Balcoff, Poblador and Angel Cruz appeared notwithstanding the fact that they were duly notified of the hearing since March 22, 1955; hence, the plaintiff was allowed to continue presenting his evidence without the presence of defendant. On May 10, 1955, the lower court rendered judgment for the plaintiff employee, awarding him a total of P7,702.78. On May 14, 1955, the law firm of Juan Chuidian, on behalf of the defendant employer, filed a petition to set aside the judgment on the ground of misunderstanding, mistake and excusable neglect, which petition was denied by the lower court in its order of May 31. The employer appealed from this order not from the decision on the merits to the Court of Appeals claiming that the court a quo committed a grave abuse of discretion in denying its petition for relief. The Court of Appeals, finding no justification for the employer's failure to appear at the hearing, upheld the order appealed from. There is no disagreement as to the facts allegedly constituting the mistake, accident, or excusable negligence upon which the employer's petition for relief was based. As put down in petitioner- appellant's brief filed in the Court of Appeals, and adopted by said court, they are: The records of this case show that defendant-appellant (employer) was represented by the law office of Balcoff and Poblador and Angel Cruz from the inception of this case up to May 14, 1955, when law Office Juan T. Chuidian filed its appearance upon being referred by law office of Balcoff and Poblador on May 12, 1955 the copy of the decision dated May 10, 1955 of the trial Court. "Sometime before May 5, 1955 the defendant-appellant Wack Wack Golf and Country Club Inc., had manifested its desire to replace their counsel Messrs. Paredes, Balcoff and Poblador in this case with Law Office Juan Chuidian. On May 5, 1955 Atty. Jesus Sayoc of the undersigned law firm conferred with Atty. Angel Cruz of Messrs. Paredes, Balcoff and Poblador for the purpose of securing the court file in this case and effect the substitution of attorney. Unfortunately, Mr. Balcoff was not in the office at the moment and attorney Angel Cruz declared he had no authority to turn over to Law office of Juan T. Chuidian the court papers and file in this case; besides, there were unpaid bill due Messrs. Paredes, Balcoff and Poblador. Arriving at the office, Mr. Jesus Sayoc advised Mr. Juan Chuidian of the reluctance of Messrs. Paredes, Balcoff and Poblador to turn over the court file of the case to the former. In view of this development, Atty. Chuidian called up Atty. Balcoff by telephone and it was agreed between the two gentlemen that inasmuch as Attys. Paredes, Balcoff and Poblador were still the attorneys of record in the case, Atty. Balcoff would sent a representative of his law office to appear at the hearing of the case of the following day, May 6, 1955 in order to ask for postponement of the case. Consequently, nobody in Law Office Juan Chuidian appeared in behalf of defendant-appellant on May 6, 1955 before the Trial Court. As a matter of fact, the records of the case were turned over to Law Office Juan T. Chuidian only on May 13, 1955 after Law Office Juan T. Chuidian had received on May 12, 1955 through Messrs. Paredes, Balcoff and Poblador a copy of the decision dated May 10, 1955 of the Trial Court. On the other hand, Atty. Angel Cruz or any associate lawyer of Messrs. Paredes, Balcoff and Poblador did not appear for defendant-appellant on May 6, 1955. We are with the Court of Appeals in the observation that as of May 6, 1955, the law firm of Balcoff and Poblador and Angel Cruz were still the employer's counsel of record, the law office of Juan Chuidian having entered its appearance in the case only on May 14, 1955. As such counsel of record, said law firm must have known that, its impending relief as counsel for the defendant notwithstanding, it is under obligation to protect the client's interest (which includes appearance at the hearing) until its final release from the professional relationship with such client. For its part, the court could recognize no other representation on behalf of the client except such counsel of record until a formal substitution of attorney is effected. Thus, any agreement or arrangement such counsel of record and its client may reach regarding the presentation of the client' case in the court is purely their private concern. Proceedings in the court cannot be made to depend on them. The lack of coordination or understanding between the two law firms in the instant case cannot be considered as a legal excuse or falling within the ambit of excusable negligence to justify the granting of relief from the order declaring the client in default, or as in the case, from a decision entered after presentation of evidence in his absence. Where the defendants were given every reasonable opportunity to try their case and no legal excuse was presented for a further adjournment, and order denying defendant's motion to set aside their default and vacate the judgment against them entered upon such default, was proper. (Centerville Creamy Co. vs. Waxler, 30 N.T.S. 2d. 232, 262 App. Div. 1055.) G.R. No. L-11724 (CA-G.R. No. 15902-R):. On February 18, 1953, Antonino Bernardo, former official of appellant, filed with the Court of First Instance of Manila a claim against the Wack Wack Golf & Country Club, Inc. for overtime pay, unenjoyed vacation and sick leaves from 1946 to 1951 and attorney's fees. As the employer denied the claim, the case was set for trial. At the hearing of May 12, 1955, after about 8 previous postponements, nobody appeared for the employer although said defendant was represented from the commencement of the proceeding by Atty. Angel Cruz and was duly notified of the hearing since March 26, 1955. Consequently, the plaintiff-employee was permitted to continue presenting his evidence before the Deputy Clerk of Court who was delegated for this purpose. On May 14, 1955, the lower court adjudged the plaintiff entitled to the claim, and sentenced defendant-employer to pay the total sum of P26,422.78. On the same day, May 14, 1955, the employer represented by the law office of Juan Chuidian, filed a petition for relief from the order authorizing the Deputy Clerk of Court to receive plaintiff's evidence and for the re-opening of the case. The petition was later supplemented by another similarly praying for the setting aside of the decision rendered therein, on the ground of accident or excusable negligence. Upon plaintiff's opposition, these petitions were denied by the court in its order of May 31, 1955. From this order of denial, defendant employer appealed to the Court of Appeals. On October 30, 1956, the Court of Appeals affirmed the disputed order, for the reason that under the circumstances, there was no justification for defendant's counsel to anticipate that the justification for defendant's counsel to anticipate that the Court would grant a motion for postponement of the hearing of May 12, 1955. The accident or excusable negligence referred to by the new counsel for defendant employer is stated in the petition for relief filed in the lower court, thus: 1. That defendant heretofore had been represented by attorney Angel Cruz; that for certain reasons the defendant recently contracted the services of law office of Juan T. Chuidian to handle this case; in substitution of Atty. Angel Cruz, the appearance of the undersigned law office has been filed with this Honorable Court on May 12, 1955; 2. That it was only in the afternoon of May 11, 1955, that the records of this case were sent to the undersigned Law Office, and that Atty. Juan T. Chuidian was then out of town and, consequently, nobody knew what action to take in this case; 3. That in the morning of May 12, 1955, Atty. Juan T. Chuidian telephoned the undersigned law office and requested that one of the assistant attorneys appear at the sala in connection with the scheduled hearing of the above-entitled case, and to move for the postponement thereof on the obvious reason that the undersigned law firm was not prepared right then and there to proceed with the trial of the case inasmuch as the facts of the case were not then sufficiently known to any of the associate attorneys; 4. That when Attorney Suntay of the undersigned law office arrived at the sala of this Honorable Court, he was informed that the case had been called earlier in the calendar and in view of the failure of any person to appear in behalf of defendant, the Deputy Clerk of Court was authorized to receive the evidence for the plaintiff; 5. The subsequent efforts of Attorney Suntay to suspend the reception of plaintiff's evidence and postpone the hearing and proved fruitless; ... From the foregoing facts, it is evident that Atty. Suntay's appearance (late by some 35 minutes) at the hearing of the case was solely for the purpose of securing another postponement of the trial; that his delay was brought about by the absence of the principal counsel in town, and by want of instructions from the latter as to what action his assistants should take on the matter; that the records of the case were only turned over to the new counsel on May 11, and that there was no time to prepare for the trial. Under these circumstances, the employer's charge that the trial court abused its discretion in denying its petition for relief from the order authorizing the reception of plaintiff's evidence in the absence of the defendant and the judgment rendered in the case, is premised on the ground (1) that counsel's tardiness or delay as well as his unpreparedness to go to trial are accidental or may be considered as excusable negligence, and (2) that the trial court should have allowed the motion for postponement. Both points find adequate answer in the Court of Appeals ruling which we quote with approval: The hearing on May 12, 1955 had been fixed, with the conformity of both parties, as early as March 18, 1955. Not only that, but the verbal order issued in open court was supplemented by a written order, copy of which was received by defendant's counsel on March 26, 1955. On the date of the trial defendant was still represented by Atty. Angel Cruz as counsel of record. Up to then there had been no substitution of attorneys, nor had Attorney Cruz withdrawn his appearance in the case. Indeed the record does not show that he ever did withdraw his appearance or filed a motion for substitution. The responsibility for representing defendant at the trial on May 12, 1955 was therefore still his. On the other hand if it is true, as alleged by appellant, that the services of Attorney Juan Chuidian had been engaged sometime prior to May 11, 1955 then it was the latter's duty to file his appearance opportunely and prepare for the trial on May 12, 1955. It is to be presumed that in accepting the case Attorney Chuidian knew that the trial was to be held on that date; and he certainly was not justified in accepting the case unless he was prepared to go to trial as scheduled. He had no right to take for granted the liberality of the court or generosity of the plaintiff by appearing, through an assistant of his, after the case had been actually called on the calendar and while the evidence of the plaintiff was already being received, and then only to ask (verbally) for another postponement. All motions for postponement should be presented at such time as is practicable to prevent the adverse party from incurring unnecessary expenses by coming to trial, otherwise postponement shall be denied. And a party moving for the postponement should be in court on the day for trial if the motion was not acted upon favorably before that day. He has no right to rely either on the liberality of the court, or on the generosity of the adverse party." (Moran on Rules of Court, 1952 edition, pp. 651-653, citing Linus vs. Robira, 61 Phil., 907; Macondray & Co. vs. Paredes, G. R. No. 38255, Sept. 5 1933; Sunico vs. Villapando, 14 Phil., 352.) In addition, the records of these two cases reveal that even prior to May 5, 1955, defendant- appellant had manifested its desire to replace its former counsel Messrs. Paredes, Balcoff and Poblador with the law office of Atty. Juan Chuidian. If this were so, it was the bounden duty of both law firms to have made the necessary arrangement for the protection of the interest of their client. Their failure to do so cannot certainly be considered excusable neglect to the extent of making the action of the trial court, as well as the Court of Appeals in denying relief based thereon, an abuse of discretion constituting reversible error. Although no longer necessary in view of the conclusions already reached and expressed, attention may be drawn to the lack of the required affidavits of merit to support the petitions for relief. While there are sworn statements on the alleged mistake, accident, and/or excusable negligence, there is in G.R. No. L-11724, total absence of, and in G.R. No. L-11725, insufficient affidavit showing the facts constituting the valid defense which the movant may prove in case a new trial is granted. Even in the latter case, the only reference made in the affidavit of the assistant lawyer in the law firm of Atty. Chuidian, who as admitted in the pleadings submitted by them, did not know the facts of the case, was the statement "that the defendant has genuine and bona fide defenses to the claims interposed by plaintiff, more particularly set out in its Amended Answer dated August 4, 1954." This amended answer is not under oath. Consequently, the mere incorporation thereof by reference made by one who had no knowledge of the said defenses does not comply with the requirements of the rules and decisions on the matter. The affidavits of merit must state facts, and not mere conclusions or opinions, otherwise they are not valid. 1
Anent the question raised by petitioner in both instances regarding the legality of the lower court's order authorizing the Deputy Clerk of Court to receive plaintiff's evidence, we again make our own the Court of Appeals ruling, thus: Defendant next contends that the trial court acted contrary to law and gravely abused its discretion when it delegated the Deputy Clerk of Court to receive plaintiff's evidence. It should be borne in mind that the delegation was made in view of the absence of defendant and his counsel and that the function thus delegated was merely ministerial, namely, the taking down of the testimony of the witnesses and the marking down of whatever documentary evidence would be presented. There could be no occasion for the exercise of judicial discretion such as might have been called for if the other party had been present to object to questions that were propounded or to the admission of exhibits. It cannot therefore be seriously maintained that any prejudice was caused to defendant by the action taken by the Court. Wherefore, finding no error in the decisions of the Court of Appeals sought to be nullified, the petitions filed in these two cases are hereby dismissed, with costs. It is so ordered.
Republic of the Philippines SUPREME COURT Manila FIRST DIVISION
A.C. No. 3283 July 13, 1995 RODOLFO MILLARE, petitioner, vs. ATTY. EUSTAQUIO Z. MONTERO, respondent.
QUIASON, J .: This is a complaint for disbarment. Pursuant to paragraph 2, Section 1, Rule 139-B of the Revised Rules of Court, this Court resolved to refer it to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation. On April 15, 1994, the IBP Board of Governors rendered a decision, finding respondent guilty of malpractice and recommending that he be suspended from the practice of law. I Pacifica Millare, the mother of the complainant, obtained a favorable judgment from the Municipal Trial Court, Bangued, Abra (MTC) which ordered Elsa Dy Co to vacate the premises subject of the ejectment case (Civil Case No. 844). Co, through respondent as counsel, appealed the decision to the Regional Trial Court, Branch 11, Bangued, Abra (RTC). She neither filed a supersedeas bond nor paid the rentals adjudged by the MTC. The RTC affirmed in toto the decision of the MTC. The Court of Appeals (CA) dismissed Co's appeal from the decision of the RTC for failure to comply with Section 22 of B.P. Blg. 129 and Section 22(b) of the Interim Rules and Guidelines (CA-G.R. CV No. 11404). According to the CA, Co should have filed a petition for review and not an ordinary appeal (Rollo, Vol. I, p. 22). The judgment of the MTC became final and executory on November 19, 1986. On January 2, 1987, a Manifestation and Motion was filed by respondent as counsel for Co in CA- G.R. CV No. 11404, arguing that the decisions of the MTC and the RTC were null and void for being contrary to law, justice and equity for allowing the lessor to increase by 300% the rentals for an old house. Respondent, admitting his mistake in filing an ordinary appeal instead of a petition for review, prayed that he be allowed to file an action for annulment. On February 23, 1987, the CA gave due course to respondent's Manifestation and Motion and let the records remain with it. However, on November 10, 1987, the said court ordered the records in CA- G.R. CV No. 11404 to be remanded to the court a quo. On March 9, 1987, respondent filed with the CA a Petition for Annulment of Decisions and/or Reformation or Novation of Decisions of the MTC and the RTC (CA-G.R. SP No. 11690), insisting that the decisions were not in accordance with existing laws and policies. On December 17, 1987, the CA dismissed the petition for annulment or novation explaining that . . . , aside from the reliefs provided in these two sections (Secs. 1 & 2, Rule 38), there is no other means whereby the defeated party may procure final and executory judgment to be set aside with a view to the renewal of the litigation, unless (a) the judgment is void for want of jurisdiction or lack of due process of law, or (b) it has been obtained by fraud, . . . . There is no allegation in the present complaint to the effect that the judgments in the former cases were secured through fraud (Rollo, Vol. I, p. 35; Emphasis supplied). On January 15, 1988, respondent filed an Urgent Motion for Reconsideration and Motion to Set Motion for Reconsideration for Oral Arguments of the CA decision. The CA denied the motion. Again, respondent requested the CA to set his Motion For Oral Arguments on April 14, 1988. In a resolution dated February 12, 1988, the CA denied the Motion for Oral Argument and in a resolution dated October 18, 1988, denied the motion for reconsideration of the February 12 Resolution. Respondent then filed a Petition for Review on Certiorari with this Court (G.R. No. 86084) questioning the decisions of the MTC and the RTC in favor of petitioner's mother. In a Resolution dated January 4, 1989, we denied the petition for having been filed and paid late on December 12, 1988 and November 12, 1988, respectively. A motion for reconsideration from such resolution was likewise denied with finality. Respondent filed a Motion for the Issuance of a Prohibitory or Restraining Order (dated July 6, 1988) in CA-G.R. SP No. 11690. On April 12, 1988, the mother of complainant filed a Motion for Execution of the judgment in Civil Case No. 844. Respondent filed an Opposition to the Motion for Execution on the ground that the case was still pending review by the CA in CA-G.R. SP No. 11690 and therefore the motion for execution was premature. On August 23, 1988, the MTC ordered the issuance of a writ of execution. Respondent filed a motion for reconsideration, which was denied. The RTC affirmed the order for the issuance of the writ of execution. Thus, a writ of execution was issued on October 18, 1988. On October 26, 1988, respondent filed a special civil action (SP CV No. 624) with the RTC, Branch 1, Bangued, Abra for certiorari, prohibition, mandamus with preliminary injunction against the MTC, Provincial Sheriff and complainant's mother, seeking to annul the writ of execution issued in MTC Civil Case No. 844 and RTC Civil Case No. 344. Respondent alleged that the order granting the writ of execution was issued with grave abuse of discretion amounting to lack of jurisdiction since a petition to annul the decisions (CA-G.R. SP No. 11690) was still pending with the CA. On October 28, 1988, the provincial sheriff, Romulo V. Paredes, deferred the implementation of the writ of execution until the petition filed in SP CV No. 624 for certiorari was resolved. The CA denied in SP CV No. 624 respondent's Urgent Motion to Set Aside and Declare Null and Void the Writ of Execution. From the decision of the RTC, Branch 1, Abra in SP CV No. 624 denying the Petition for Certiorari, Prohibition,Mandamus with Preliminary Issuance of Prohibitory Order, respondent again filed an Appeal and/or Review byCertiorari, Etc. with the CA (CA-G.R. SP No. 17040). II We have no reason to reverse the findings of the IBP Board of Governors. Under Canon 19 of the Code of Professional Responsibility, a lawyer is required to represent his client "within the bounds of the law." The Code enjoins a lawyer to employ only fair and honest means to attain the lawful objectives of his client (Rule 19.01) and warns him not to allow his client to dictate the procedure in handling the case (Rule 19.03). In short, a lawyer is not a gun for hire. Advocacy, within the bounds of the law, permits the attorney to use any arguable construction of the law or rules which is favorable to his client. But the lawyer is not allowed to knowingly advance a claim or defense that is unwarranted under existing law. He cannot prosecute patently frivolous and meritless appeals or institute clearly groundless actions (Annotated Code of Professional Responsibility 310 [1979]). Professional rules impose limits on a lawyer's zeal and hedge it with necessary restrictions and qualifications (Wolfram, Modern Legal Ethics 579-582 [1986]). Under Canon 12 of the Code of Professional Responsibility, a lawyer is required to exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. Implementing said Canon are the following rules: Rule 12.02. A lawyer shall not file multiple actions arising from the same cause. xxx xxx xxx Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes. It is unethical for a lawyer to abuse or wrongfully use the judicial process, like the filing of dilatory motions, repetitious litigation and frivolous appeals for the sole purpose of frustrating and delaying the execution of a judgment (Edelstein, The Ethics of Dilatory Motions Practice: Time for Change, 44 Fordham L. Rev. 1069 [1976]; Overmeyer v. Fidelista and Deposit Co., 554 F. 2d 539, 543 [2d Cir. 1971]). The rights of respondent's client in Civil Case No. 844 of the MTC were fully protected and her defenses were properly ventilated when he filed the appeal from the MTC to the RTC. But respondent thereafter resorted to devious and underhanded means to delay the execution of the judgment rendered by the MTC adverse to his client. The said decision became executory even pending its appeal with the RTC because of the failure of Co to file a supersedeas bond and to pay the monthly rentals as they fell due. Furthermore, his petition for annulment of the decisions of the MTC and RTC which he filed with the CA (CA-G.R. No. 11690) was defective and dilatory. According to the CA, there was no allegation therein that the courts had no jurisdiction, that his client was denied due process, or "that the judgments in the former cases were secured through fraud." As ruled in Regidor v. Court of Appeals, 219 SCRA 530 (1993): A judgment can be annulled only on two grounds: (a) that the judgment is void for want of jurisdiction or for lack of due process of law, or (b) that it has been obtained by fraud. . . . (at p. 534). Moreover, when the CA ordered that the records of the case be remanded, respondent knew very well that the decision of the MTC was already ripe for execution. This Court, in People of Paombong, Bulacan v. Court of Appeals, 218 SCRA 423 (1993), ruled: . . . [w]hen the judgment of a superior court is remanded to the trial court for execution, the function of the trial court is ministerial only; the trial court is merely obliged with becoming modesty to enforce that judgment and has no jurisdiction either to modify in any way or to reverse the same. . . . (at p. 430). (See also Valenzona v. Court of Appeals, 226 SCRA 306 [1993] and Garbo v. Court of Appeals, 226 SCRA 250 [1993]). Respondent filed a total of six appeals, complaints or petitions to frustrate the execution of the MTC judgment in Civil Case No. 844, to wit: (1) Civil Case No. 344 Appeal from the decision rendered in Civil Case No. 844 of the Municipal Trial Court, Bangued, Abra, with the Regional Trial Court, Abra; (2) CA-G.R. CV No. 11404 Appeal from the decision of the Regional Trial Court, Abra; (3) CA-G.R. SP No. 11690 An Action For the Annulment of Decisions And/Or Reformation or Novation of Decisions filed with the Court of Appeals; (4) G.R. No. 86084 Petition For Review On Certiorari filed with the Supreme Court; (5) CA-G.R. SP No. 17040 Appeal And/Or Review By Certiorari, Etc. filed also with the Court of Appeals; and, (6) SP Civil Action No. 624 Petition For Certiorari, Prohibition, Mandamus with Preliminary Issuance of Prohibitory Order filed with the Regional Trial Court, Branch 1, Bangued, Abra. Judging from the number of actions filed by respondent to forestall the execution of the same judgment, respondent is also guilty of forum shopping. In Villanueva v. Adre 172 SCRA 876 (1989), the Court explained that forum shopping exists when, by reason of an adverse decision in one forum, defendant ventures to another for a more favorable resolution of his case. In the case of Gabriel v. Court of Appeals, 72 SCRA 272 (1976), this Court explained that: Such filing of multiple petitions constitutes abuse of the Court's processes and improper conduct that tends to impede, obstruct and degrade the administration of justice and will be punished as contempt of court. Needless to add, the lawyer who filed such multiple or repetitious petitions (which obviously delays the execution of a final and executory judgment) subjects himself to disciplinary action for incompetence (for not knowing any better) or for willful violation of his duties as an attorney to act with all good fidelity to the courts and to maintain only such actions as appear to him to be just and are consistent with truth and honor (at p. 275). By having wilfully and knowingly abused his rights of recourse in his efforts to get a favorable judgment, which efforts were all rebuffed, respondent violated the duty of a member of the Bar to institute actions only which are just and put up such defenses as he perceives to be truly contestable under the laws (Garcia v. Francisco, 220 SCRA 512 [1993]). As correctly noted by the Committee on Bar Discipline "in filing a number of pleadings, actions and petitioner, respondent 'has made a mockery of the judicial processes' and disregarded canons of professional ethics in intentionally frustrating the rights of a litigant in whose favor a judgment in the case was rendered, thus, 'abused procedural rules to defeat ends of substantial justice'" (Report and Recommendation, IBP Committee on Bar Discipline, p. 2). WHEREFORE, respondent is SUSPENDED for one year. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila SPECIAL THIRD DIVISION A.C. No. 5655 January 23, 2006 VALERIANA U. DALISAY, Complainant, vs. ATTY. MELANIO MAURICIO, JR., Respondent. R E S O L U T I O N SANDOVAL-GUTIERREZ, J .: At bar is a motion for reconsideration of our Decision dated April 22, 2005 finding Atty. Melanio "Batas" Mauricio, Jr., respondent, guilty of malpractice and gross misconduct and imposing upon him the penalty of suspension from the practice of law for a period of six (6) months. A brief revisit of facts is imperative, thus: On October 13, 2001, Valeriana U. Dalisay, complainant, engaged respondents services as counsel in Civil Case No. 00-044, entitled "Lucio De Guzman, etc., complainants, v. Dalisay U. Valeriana, respondent," pending before the Municipal Trial Court, Branch 1, Binangonan, Rizal. Notwithstanding his receipt of documents and attorneys fees in the total amount of P56,000.00 from complainant, respondent never rendered legal services for her. As a result, she terminated the attorney-client relationship and demanded the return of her money and documents, but respondent refused. On January 13, 2004, Investigating Commissioner Lydia A. Navarro of the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline, found that "for the amount of P56,000.00 paid by the complainant x x x, no action had been taken nor any pleadings prepared by the respondent except his alleged conferences and opinions rendered when complainant frequented his law office." She recommended that respondent be required to refund the amount of P56,000.00 to the complainant, and surprisingly, that the complaint be dismissed. On February 27, 2004, the IBP Board of Governors passed Resolution No. XVI-2004-121, adopting and approving in toto Commissioner Navarros Report and Recommendation. On April 22, 2005, we rendered the assailed Decision. Incidentally, upon learning of our Decision, respondent went to the MTC, Branch I, Binangonan, Rizal to verify the status of Civil Case No. 00-044. There, he learned of the trial courts Decision dated December 6, 2001 holding that "the tax declarations and title" submitted by complainant "are not official records of the Municipal Assessor and the Registry of Deed." Thereupon, respondent filed a Sworn Affidavit Complaint 1 against complainant charging her with violations of Article 171 2 and 172, 3 and/or Article 182 4 of the Revised Penal Code. He alleged that complainant offered tampered evidence. In this motion for reconsideration, respondent raises the following arguments: First, complainant did not engage his services as counsel in Civil Case No. 00-044. She hired him for the purpose of filing two new petitions, a petition for declaration of nullity of title and a petition for review of a decree. Second, Civil Case No. 00-044 was "considered submitted for decision" as early as August 6, 2001, or more than two months prior to October 13, 2001, the date he was engaged as counsel, hence, "he could not have done anything anymore" about it. Third, complainant refused to provide him with documents related to the case, preventing him from doing his job. And fourth, complainant offered tampered evidence in Civil Case No. 00-004, prompting him to file falsification cases against her. In her opposition to the motion, complainant contends that: (1) respondent violated the principle of confidentiality between a lawyer and his client when he filed falsification charges against her; (2) respondent should have returned her money; (3) respondent should have verified the authenticity of her documents earlier if he really believed that they are falsified; and (4) his refusal to return her money despite this Courts directive constitutes contempt. We deny respondents motion for reconsideration. It is axiomatic that no lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client. He has the right to decline employment. But once he accepts money from a client, an attorney-client relationship is established, giving rise to the duty of fidelity to the clients cause. 5 From then on, he is expected to be mindful of the trust and confidence reposed in him. He must serve the client with competence and diligence, and champion the latters cause with wholehearted devotion. 6
Respondent assumed such obligations when he received the amount of P56,000.00 from complainant and agreed to handle Civil Case No. 00-044. Unfortunately, he had been remiss in the performance of his duties. As we have ruled earlier, "there is nothing in the records to show that he (respondent) entered his appearance as counsel of record for complainant in Civil Case No. 00-044." Neither is there any evidence nor pleading submitted to show that he initiated new petitions. With ingenuity, respondent now claims that "complainant did not engage his services for Civil Case No. 00-044" but, instead, she engaged him for the filing of two new petitions. This is obviously a last-ditch attempt to evade culpability. Respondent knows very well that if he can successfully disassociate himself as complainants counsel in Civil Case No.00-044, he cannot be held guilty of any dereliction of duties. But respondents current assertion came too late in the day. He is already bound by his previous statements. In his Verified Comment on the Affidavit-Complaint, 7 he categorically stated that complainant engaged his services in Civil Case No. 00-044, originally handled by Atty. Oliver Lozano, thus: 4.a. Complainant was referred to the Respondent by Atty. Oliver Lozano. 4.b. The referral intrigued Respondent no end, simply because Atty. Oliver Lozano is a bright lawyer and is very much capable of handling Civil Case No. 00-044. 4.c. Respondent-out of respect from Atty. Oliver Lozano did not inquire the reason for the referral. But he was made to understand that he was being referred because Atty. Oliver Lozano believed that Respondent would be in a better position to prosecute and/or defend the Complainant in Civil Case No. 00-044. x x x x x x 5.c. Complainant went to the law office of Respondent on October 13, 2001 and demanded that he provides her with free legal service. x x x x x x 5.e. Respondent, however, told Complainant that the case (Civil Case No. 00-044) would not entitle her to a free legal service and advised her to just re-engage the services of Atty. Oliver Lozano. 5.f. Undaunted, Complainant asked Respondent to assess her case and how she and her lawyer should go prosecuting and/or defending her position therein. 5.g. Honestly believing that Complainant was no longer represented by counsel in Civil Case No. 00-044 at that time, Respondent gave his professional opinion on the factual and legal matters surrounding the said case. 5.h. Apparently impressed with the opinion of the Respondent, Complainant became even more adamant in asking the former to represent her in Civil Case No. 00-044. 5.i. Respondent then told Complainant that she would be charged as a regular client is she insists in retaining his services. 5.j. It was at this juncture that Complainant asked Respondent about his fees. 5.k. After re-assessing Civil Case No. 00-044, Respondent told Complainant that he will have to charge her with an acceptance fee of One Hundred Thousand Pesos (P100,000.00), aside form being charged for papers/pleadings that may have to be prepared and filed in court in connection with the aforesaid case. x x x x x x 5.n. A few days after, Respondent got a call from Atty. Oliver Lozano. The said Atty. Oliver Lozano interceded for and in behalf of Complainant and asked that the acceptance fee that Respondent was charging the Complainant be reduced. x x x x x x 5.r. Complainant then returned to the office of the Respondent on October 20, 2001. The latter then informed the former of his conversation with Atty. Oliver Lozano and his (respondents) decision to reduce the acceptance fee. 5.s. Complainant was very grateful at the time, even shedding a tear or two simply because Respondent had agreed to handle her case at a greatly reduced acceptance fee. Statements of similar tenor can also be found in respondents Memorandum 8 filed with the IBP. Undoubtedly, respondents present version is a flagrant 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 the proceedings is objectionable, not due to the strict application of procedural rules, but because it is contrary to the rules of fair play, justice and due process. 9 The present administrative case was resolved by the IBP on the basis of respondents previous admission that complainant engaged his legal services in Civil Case No. 00-044. He cannot now unbind himself from such admission and its consequences. In fact, if anything at all has been achieved by respondents inconsistent assertions, it is his dishonesty to this Court. At any rate, assuming arguendo that complainant indeed engaged respondents services in filing the two (2) new petitions, instead of Civil Case No. 00-044, still, his liability is unmistakable. There is nothing in the records to show that he filed any petition. The ethics of the profession demands that, in such a case, he should immediately return the filing fees to complainant. In Parias v. Paguinto, 10 we held that "a lawyer shall account for all money or property collected from the client. Money entrusted to a lawyer for a specific purpose, such as for filing fee, but not used for failure to file the case must immediately be returned to the client on demand." Per records, complainant made repeated demands, but respondent is yet to return the money. Neither do we find merit in respondents second argument. The fact that Civil Case No. 00-044 was already "submitted for decision" does not justify his inaction. After agreeing to handle Civil Case No. 00-044, his duty is, first and foremost, to enter his appearance. Sadly, he failed to do this simple task. He should have returned complainants money. Surely, he cannot expect to be paid for doing nothing. In his third argument, respondent attempts to evade responsibility by shifting the blame to complainant. He claims that she refused to provide him with documents vital to the case. He further claims that he would be violating the Code of Professional Responsibility by handling a case without adequate preparation. This is preposterous. When a lawyer accepts a case, his acceptance is an implied representation that he possesses the requisite academic learning, skill and ability to handle the case. 11 As a lawyer, respondent knew where to obtain copies of the certificates of title. As a matter of fact, he admitted that his Law Office, on its own, managed to verify the authenticity of complainants title. It bears reiterating that respondent did not take any action on the case despite having been paid for his services. This is tantamount to abandonment of his duties as a lawyer and taking undue advantage of his client. Finally, in an ironic twist of fate, respondent became the accuser of complainant. In his fourth argument,respondent accuses her of offering falsified documentary evidence in Civil Case No. 00- 004, prompting him to file falsification cases against her. He thus justifies his inability to render legal services to complainant. Assuming that complainant indeed offered falsified documentary evidence in Civil Case No. 00-044, will it be sufficient to exonerate respondent? We believe not. First, Canon 19 outlines the procedure in dealing with clients who perpetrated fraud in the course of a legal proceeding. Consistent with its mandate that a lawyer shall represent his client with zeal and only within the bounds of the law, Rule 19.02 of the same Canon specifically provides: Rule 19.02 A lawyer who has received information that his clients has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, andfailing which he shall terminate the relationship with such client in accordance with the Rules of Court. As a lawyer, respondent is expected to know this Rule. 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. Understandably, respondent failed to follow the above-cited Rule. This is because there is no truth to his claim that he did not render legal service to complainant because she falsified the documentary evidence in Civil Case No.00-044. This brings us to the second reason why we cannot sustain his fourth argument. The pleadings show that he learned of the alleged falsification long after complainant had terminated their attorney-client relationship. It was a result of his active search for a justification of his negligence in Civil Case No. 00-044. As a matter of fact, he admitted that he verified the authenticity of complainants title only after the "news of his suspension spread in the legal community." To our mind, there is absurdity in invoking subsequent knowledge of a fact as justification for an act or omission that is fait accompli. Obviously, in filing falsification charges against complainant, respondent was motivated by vindictiveness. In fine, let it be stressed that the authority of an attorney begins with his or her retainer. 12 It gives rise to a relationship between an attorney and a client that is highly fiduciary in nature and of a very delicate, exacting, and confidential character, requiring a high degree of fidelity and good faith. 13 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. A lawyer who performs his duty with diligence and candor not only protects the interest of his client; he also serves the ends of justice, does honor to the bar, and helps maintain the respect of the community to the legal profession. 14 Indeed, law is an exacting goddess demanding of her votaries not only intellectual but also moral discipline. WHEREFORE, we DENY respondents motion for reconsideration. Our Decision dated April 22, 2005 is immediately executory. Respondent is directed to report immediately to the Office of the Bar Confidant his compliance with our Decision. Let a copy of this Resolution be attached to his personal record and copies furnished the Integrated Bar of the Philippines and the Office of the Court Administrator for dissemination to all courts. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC A.C. No. 528 October 11, 1967 ANGEL ALBANO, complainant, vs. ATTY. PERPETUA COLOMA, respondent. FERNANDO, J .: This proceeding for disbarment was filed by complainant Angel Albano against respondent Perpetua Coloma, a member of the Philippine Bar. In a letter dated June 20, 1962 addressed to this Court, complainant alleged that during the Japanese occupation his mother, Delfina Aquino, and he retained the services of respondent as counsel for them as plaintiffs in Civil Case No. 4147 of the Court of First Instance of Ilocos Norte. After which came the accusation that after liberation and long after the courts had been reorganized, respondent failed to expedite the hearing and termination of the case, as a result of which they had themselves represented by another lawyer. This notwithstanding, it was claimed that respondent intervened in the case to collect her attorney's fees. It was then alleged that during the hearing they were surprised when respondent presented in exhibit a document showing that they as well as their co-plaintiffs in the case promised to pay her a contingent fee of 33-/3% of whatever could be recovered whether in land or damages. A copy of such document was attached to the letter. The more serious charge was that the signature therein appearing, purportedly that of the complainant, and the writing after the name of his mother were not made by them. It was further stated that the Honorable Delfin B. Flores, then Judge of the Court of First Instance of Ilocos Norte, submitted the document in question to the National Bureau of Investigation (hereinafter referred to as NBI) together with samples of his genuine signature. A copy of the finding of the NBI was attached, the conclusion being that the questioned signature "is NOT in the hand of the person whose sample signatures were received." Complainant stated that being a poor man, he could hardly pay for the services of a lawyer to assist him in the disbarment proceedings. He added the information that respondent Coloma "is a very influential woman in the province of Ilocos Norte" as she was then a member of the provincial board. The prayer was for the "kind and generous help regarding this matter in order that Atty. Perpetua Coloma may be made to stand before the bar of justice and disbarred from the practice of her profession as a lawyer." In a resolution dated July 20, 1962, this Court required respondent Perpetua Coloma to answer the complaint. The answer came in September 4, 1962. There was a specific denial of the allegation that the complainant was "a victim of injustice," respondent alleging that the same was "untrue, unfounded and imaginary." While admitting that her services were contracted by complainant and his mother and their co-plaintiffs, in Civil Case No. 4147, she stated that there was a contingent fee of one-third (/3) of whatever land and damages could be obtained for the plaintiffs. She denied that she did nothing to expedite the hearing and termination of such civil case as the record would show that she filed "more than twenty (20) papers and pleadings, went to trial for several days and with the assistance of her sister, Atty. Oliva D. Coloma, obtained a favorable judgment in the Court of First Instance for the petitioner and his co-plaintiffs and filed with the Honorable Court of Appeals a thirty- five (35) page brief, finished after careful, conscientious and exhaustive study and preparation." She attached a copy of the favorable decision rendered by Judge Simeon Ramos of November 10, 1948; 1 the decision of the Court of Appeals promulgated on October 13, 1950, confirming the above favorable decision, which was penned by the then Justice Gutierrez David; 2 and the dismissal of a petition for certiorari to review such decision in the resolution of this Court of January 10, 1951. 3 Then came a reference to a decision by the Court of Appeals in CA-G.R. No. 10563-R, the complainant as one of the plaintiffs having appealed from an order of the lower court, sustaining her lien upon the judgment as well as "her share of one-third (/3) of the lands adjudicated" which according to the lower court however would require that the proper action be filed. In the opinion of the Court of Appeals penned by Justice Sanchez, now a member of this Court, an evaluation of her service was made thus: "Appellee served as plaintiffs' counsel for a period of about seven years. The record shows that she was diligent in her work. That she had rendered valuable services cannot be doubted. In fact, the final decision favorable to plaintiffs is almost wholly the result of her efforts. Literally, she gambled on the success or failure of the litigation. She was a member of the Bar since 1940. Gauged by the familiar rule that an attorney shall be entitled to have reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney, . . ., we feel, as did the trial court, that appellee is entitled to one-third of all the lands and damages recoverable by plaintiffs under the judgment of the Court below." She likewise denied that she could have been removed for her failure to comply with her obligations as counsel as she served "faithfully, efficiently, continuously and to the best of her knowledge and capacity." Her dismissal then, according to her, "was made without cause and without the consent of herein respondent and only on June 18, 1951, when the undersigned had already won the case for them in the Court of First Instance and in the Court of Appeals." In view of the failure of the new lawyers retained to be at times available in the Court of First Instance of Ilocos Norte and as pleadings by opposing counsel were still sent to her and out of loyalty to her former clients she continued "to render professional legal services to complainant and his mother." Then came the allegation "that after the case was won in the trial court and in the Court of Appeals, complainant and his co-plaintiffs stopped seeing the undersigned and even disowned their contract with her in the trial of [her] petition to record attorney's lien which was granted by the trial court and affirmed by the Court of Appeals." Copies of the decisions of the trial court and the Court of Appeals, were submitted together with the answer. 4 She characterized as "false and unjust" the averment of complainant "that the latter and his mother did not sign Annex 'A' because they really signed the instrument in the presence of attesting witnesses who testified to and confirmed the signing of the same, which fact (of signing) was found and confirmed by the trial court after and affirmed by the Court of Appeals, . . . ." Then came the denial of the allegation of complainant that due to the seriousness of the charge, Judge Delfin B. Flores submitted the alleged falsified document to the NBI for examination, the truth being that it was complainant who did so. She likewise "specifically denies the authenticity and veracity of the alleged findings of the National Bureau of Investigation on Annex 'A' because the signatures therein are genuine and have been found to be so by the trial and appellate courts after hearing the testimony of the instrumental witnesses and comparing the signatures in Annex 'A' with signatures admitted to be genuine by the complainant as well as upon the affirmation of complainant's sister and a co-plaintiff in Civil Case No. 4147." She then referred to a rule which she considered well-settled in this jurisdiction that a question of whether or not a given document is genuine falls within the general knowledge and competence of a judge who may inquire into its authenticity, the testimony of instrumental witnesses sufficing, without the court being bound even by real experts. Nor could she agree that the complainant was a poor man and could hardly afford the services of a lawyer because thru her efforts, he and his co-plaintiffs were richer "by about P100,000.00 (P85,000.00 in realty and P15,000.00 in cash as damages) by winning Civil Case No. 4147 for them" notwithstanding, which ingratitude had been her reward. Respondent also denied the insinuation that she was using her influence as a board member. She stated that from 1944 to 1951, when she rendered her services for complainant, she was in private life, not having been elected to the provincial board until 1959. She concluded by saying that "during her practice of law for more than twenty (20) years [she] has strictly adhered to the ethics of the profession and has always been guided by the principles of justice, fairness and respect for individual rights and that as a public official, [she] has never used her influence to corrupt public servants or ordinary citizens, and all the people of Ilocos Norte well know that complainant has no sense of justice, no integrity to preserve, no honor to treasure and no future to build. On the other hand, the people of said province have faithfully supported [her] in her aspirations, first as councilor and then as board member with overwhelming majorities. Said support speaks of vindication and means full faith and credit to [her] integrity, ability and honesty." She further submitted as affirmative defenses the cause of action being barred by (1) prior judgment and (2) by the statute of limitations. She prayed for the dismissal of the complaint against her. The matter was referred to the Solicitor General for investigation, report and recommendation in a resolution of this Court dated September 7, 1962. On September 12, 1967, the report and recommendation of the Solicitor General was submitted. He asked "that this case be dismissed." We grant such a plea. In his report, the Solicitor General noted that in the investigation conducted on his behalf by the provincial fiscal of Ilocos Norte, "only the complainant appeared." 5 No evidence was introduced by him other than the NBI report on the alleged falsified signatures. He manifested that all his evidence could be found in the records of Civil Case No. 4147 of the Court of First Instance of Ilocos Norte. 6 Respondent on her part, according to the Solicitor General, "merely filed a manifestation to the effect that the contract for attorney's fees in question had already been declared genuine and authentic by the Court of First Instance of Ilocos Norte, the Court of Appeals, and this Honorable Court, in their respective decisions, copies of which were attached to her answer; that said Contract was signed by petitioner and the instrumental witnesses thereto in her presence; and that she was submitting the case on the annexes to her answer and the transcript of the trial of the proceedings on the recording of her attorney's lien in Civil Case No. 4147. . . ." 7
The facts as found by the Solicitor General in so far as the services of respondent as counsel for the complainant and his mother were concerned reveal the utmost diligence and conscientiousness on her part. What she said in her answer was sustained in all respects. The express finding was then made by the Solicitor General that the question of the genuineness and due execution to pay respondent her attorney's fees "had already been litigated by the parties in the course of the proceedings for the recording and enforcement of the attorney's lien of respondent in Civil Case No. 4147 of the Court of First Instance of Ilocos Norte; that the plaintiffs in said case (one of whom is the complainant in this case) denied the genuineness and due execution of said agreement Exh. 'A'; that they had full opportunity to present evidence in support of their said contention; that after hearing, the trial court found said document to be genuine (pp. 43-48, rec.); and that on appeal to the Court of Appeals, said court likewise found said document genuine . . ." 8
On this point an extended excerpt from the decision of the Court of Appeals, the opinion being penned as noted by Justice Sanchez, was quoted. Thus: 1. Exhibit A, the written contract of professional services, shows that appellee, as plaintiffs' attorney, is entitled to one-third of all the lands and damages which may be awarded plaintiffs; otherwise, if the case is lost, then appellee is not entitled to compensation. That Exhibit A was duly executed is a proven fact. A witness to that document, namely, Sergio Manuel, testified that the cross after the name of Delfina Aquino was placed by her and that the signature of Angel Albano, one of the plaintiffs, is the genuine signature of the said Angel Albano. It is true that on the witness stand Delfina Aquino denied that she placed a cross after the typewritten words "Delfina Aquino" in Exhibit A, and that Angel Albano likewise denied his signature therein. Suffice it to say that this negative testimony will not prevail over the positive testimony of appellee and her witness aforesaid. People vs. Bueno, 41 Phil. 447, 452; People vs. Ferrer, 44 O.G., No. 1, pp. 112, 115. Further, appellee's evidence on this point is not limited merely to Exhibit A. The record shows that previous thereto, there was a verbal agreement regarding said attorney's fee's. On this point, appellee finds corroboration in the testimony of Rosario Lagasca, a blood relation of plaintiff and Silvina Guillermo. Plaintiffs' evidence that in 1955 appellee undertook to take up the case of plaintiffs for a stipulated contingent fee of P2,000.00 does not merit serious consideration. It does not seem probable that appellee would take the case on a win-or-lose basis, i.e., for the sum of P2,000.00 in case the litigation is won and nothing in case of loss, because at that time P2,000.00 was worth only a few gantas of rice. No lawyer in his right mind would accept such a miserable fee. The following testimony of Felicidad Albano, one of the plaintiffs, given in an obviously unguarded moment, stripped plaintiffs naked of the pretense that there was no such contract for one-third share as fees: "Q Did you not authorize your brother, Angel Albano, or your mother, to give one-third (1/3) of all the properties and damages? "A We authorized them." Tr., p. 8, Galapon. The court below, therefore, is correct in declaring that, after weighing and considering the evidence of both parties, Exhibit A is genuine. (pp. 61- 62, rec.) 9
The Solicitor General thus concluded that the finding of the Court of First Instance of Ilocos Norte, and of the Court of Appeals that the questioned document "is genuine, is now res judicata and bars complainant Angel Albano (one of the plaintiffs in Civil Case No. 4147) from raising said question anew in these disbarment proceedings. As repeatedly held, the fundamental principle of res judicata applied to all cases and proceedings, in whatever form they may be (Brillantes vs. Castro, L- 9223, June 30, 1956, 99 Phil. 497; 60 C.J.S. 31, 267), and a party can not escape the bar of a judgment against him in a new suit on the same cause of action by varying the form of his action or adopting a different method of presenting his cage (Wensel v. Surigao Consolidated Mining Inc., 57 O.G. 6958; Vda. de Padilla vs. Paterno, G.R. No. L-8748, Dec. 26, 1961; 50 C. J., S. 98)." 10
It was noted further that there was no oral testimony as to the alleged falsification, except the report of the NBI, lacking in persuasive force in that it failed to state the reason or basis for its conclusion. The observation of the Solicitor General here made is both pertinent and relevant: "The mere conclusion in the aforesaid NBI report that the signature of complainant Angel Albano on the document Exh. A was not written in the same hand that wrote the genuine specimens of his signature, without any reason or reasons supporting it, is, therefore, of little or no value in evidence and consequently, it cannot support the present charge of falsification against respondent, apart from the fact that, as already stated, it is inadmissible on the ground of estoppel by judgment." 11 On the reasonableness of the contingent fee collected by respondent, the Solicitor General adopted the same view found in the decision of the Court of Appeals, already referred to being part of respondent's answer, that such indeed was the case. The Solicitor General could thus rightfully assert that if there was anyone guilty of bad faith in this case "it is complainant and his co-plaintiffs in Civil Case No. 4147 who, after benefiting from the valuable services of respondent in said case, tried to renege on their agreement for the payment of the latter's contingent attorney's fees by dismissing her as their counsel after she had already won for them said case in the trial court and the Court of Appeals, and later, by attempting to impugn the authenticity and genuineness of their written agreement for the payment of attorney's fees, . . . ." 12
He was of the opinion then that even if for purposes of said case the findings in judicial cases could not be considered binding "it is safe to conclude, from a review of the evidence in said court proceedings taken together with the evidence before us in this case, that respondent may be exonerated herein." 13 With such a conclusion of the Solicitor General, this Court, to repeat, is in full agreement. Counsel, any counsel, who is worthy of his hire, is entitled to be fully recompensed for his services. With his capital consisting solely of his brains and with his skill, acquired at tremendous cost not only in money but in the expenditure of time and energy, he is entitled to the protection of any judicial tribunal against any attempt on the part of a client to escape payment of his fees. It is indeed ironic if after putting forth the best that is in him to secure justice for the party he represents, he himself would not get his due. Such an eventuality this Court is determined to avoid. It views with disapproval any and every effort of those benefited by counsel's services to deprive him of his hard- earned honorarium. Such an attitude deserves condemnation. There is this additional point to consider. As Cardozo aptly observed: "Reputation [in the legal profession] is a plant of tender growth, and its bloom, once lost, is not easily restored." 14 This Court, certainly is not averse to having such a risk minimized. Where, as in this case, the good name of counsel was traduced by an accusation made in reckless disregard of the truth, an action prompted by base ingratitude, the severest censure is called for. Certainly, this is not to say that if a case were presented showing nonfeasance or malfeasance on the part of a lawyer, appropriate disciplinary action would not be taken. This is not such a case however. Respondent, as has been so clearly shown, was in no wise culpable; there is no occasion for the corrective power of this Court coming into play. WHEREFORE, the charge against respondent Perpetua Coloma, member of the Philippine Bar, is hereby dismissed.
Republic of the Philippines SUPREME COURT Manila EN BANC
G.R. No. L-28589 January 8, 1973 RAFAEL ZULUETA, ET AL., plaintiffs-appellees, vs. PAN AMERICAN WORLD AIRWAYS, INC., defendant-appellant. Alfredo L. Benipayo for plaintiffs-appellee Rafael Zulueta and Carolina Zulueta. Justo L. Albert for plaintiff-appellee Telly Albert Zulueta. V.E. del Rosario and Associates and Salcedo, Del Rosario, Bito, Misa and Lozada for defendant- appellant. R E S O L U T I O N
CONCEPCION, C.J .: Both parties in this case have moved for the reconsideration of the decision of this Court promulgated on February 29, 1972. Plaintiffs maintain that the decision appealed from should be affirmed in toto. The defendant, in turn, prays that the decision of this Court be "set aside ... with or without a new trial, ... and that the complaint be dismissed, with costs; or, in the alternative, that the amount of the award embodied therein be considerably reduced." . Subsequently to the filing of its motion for reconsideration, the defendant filed a "petition to annul proceedings and/or to order the dismissal of plaintiffs-appellees' complaint" upon the ground that "appellees' complaint actually seeks the recovery of only P5,502.85 as actual damages, because, for the purpose of determining the jurisdiction of the lower court, the unspecified sums representing items of alleged damages, may not be considered, under the settled doctrines of this Honorable Court," and "the jurisdiction of courts of first instance when the complaint in the present case was filed on Sept. 30, 1965" was limited to cases "in which the demand, exclusive of interest, or the value of the property in controversy amounts to more than ten thousand pesos" and "the mere fact that the complaint also prays for unspecified moral damages and attorney's fees, does not bring the action within the jurisdiction of the lower court." We find no merit in this contention. To begin with, it is not true that "the unspecified sums representing items or other alleged damages, may not be considered" for the purpose of determining the jurisdiction of the court "under the settled doctrines of this Honorable Court." In fact, not a single case has been cited in support of this allegation. Secondly, it has been held that a clam for moral damages is one not susceptible of pecuniary estimation. 1 In fact, Article 2217 of the Civil Code of the Philippines explicitly provides that "(t)hough incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission." Hence, "(n)o proof pecuniary loss necessary" pursuant to Article 2216 of the same Code "in order that moral ... damages may be adjudicated." And "(t)he assessment of such damages ... is left to the discretion of the court" - said article adds - "according to the circumstances of each case." Appellees' complaint is, therefore, within the original jurisdiction of courts of first instance, which includes "all civil actions in which the subject of the litigation is not capable of pecuniary estimation." 2
Thirdly, in its answer to plaintiffs' original and amended complainants, defendant had set up a counterclaim in the aggregate sum of P12,000, which is, also, within the original jurisdiction of said courts, thereby curing the alleged defect if any, in plaintiffs' complaint. 3
We need not consider the jurisdictional controversy as to the amount the appellant sues to recover because the counterclaim interposed establishes the jurisdiction of the District Court. Merchants' Heat & Light Co. v. James B. Clow & Sons, 204 U.S. 286, 27 S. Ct. 285, 51 L. Ed. 488; O. J. Lewis Mercantile Co. v. Klepner, 176 F. 343 (C.C.A. 2), certiorari denied 216 U.S. 620, 30 S Ct. 575, 54 L. Ed. 641. ... . 4
... courts have said that "when the jurisdictional amount is in question, the tendering of a counterclaim in an amount which in itself, or added to the amount claimed in the petition, makes up a sum equal to the amount necessary to the jurisdiction of this court, jurisdiction is established, whatever may be the state of the plaintiff's complaint." American Sheet & Tin Plate Co. v. Winzeler (D.C.) 227 F. 321, 324. 5
Thus, in Ago v. Buslon, 6 We held: ... . Then, too, petitioner's counterclaim for P37,000.00 was, also, within the exclusive original jurisdiction of the latter courts, and there are ample precedents to the effect that "although the original claim involves less than the jurisdictional amount, ... jurisdiction can be sustained if the counterclaim (of the compulsory type)" such as the one set up by petitioner herein, based upon the damages allegedly suffered by him in consequence of the filing of said complaint "exceeds the jurisdictional amount." (Moore Federal Practice, 2nd ed. [1948], Vol. 3, p. 41; Ginsburg vs. Pacific Mutual Life Ins. Co. of California, 69 Fed. [2d] 97; Home Life Ins. Co. vs. Sipp., 11 Fed. [2d]474; American Sheet & Tin Plate Co. vs. Winzeler [D.C.], 227 Fed. 321, 324; Brix vs. People's Mutual Life Ins. Co., 41 P. 2d. 537, 2 Cal. 2d. 446; Emery vs. Pacific Employees Ins. Co., 67 P. 2d. 1046, 8 Cal. 2d. 663). Needless to say, having not only failed to question the jurisdiction of the trial court either in that court or in this Court, before the rendition of the latter's decision, and even subsequently thereto, by filing the aforementioned motion for reconsideration and seeking the reliefs therein prayed for but, also, urged both courts to exercise jurisdiction over the merits of the case, defendant is now estopped from impugning said jurisdiction. 7
Before taking up the specific questions raised in defendant's motion for reconsideration, it should be noted that the same is mainly predicated upon the premise that plaintiffs' version is inherently incredible, and that this Court should accept the theory of the defense to the effect that petitioner was off-loaded because of a bomb-scare allegedly arising from his delay in boarding the aircraft and subsequent refusal to open his bags for inspection. We need not repeat here the reasons given in Our decision for rejecting defendant's contention and not disturbing the findings of fact of His Honor, the Trial Judge, who had the decided advantage denied to Us of observing the behaviour of the witnesses in the course of the trial and found those of the plaintiffs worthy of credence, not the evidence for the defense. It may not be amiss however, to stress the fact that, in his written report, made in transit from Wake to Manila orimmediately after the occurrence and before the legal implications or consequences thereof could have been the object of mature deliberation, so that it could, in a way, be considered as part of the res gestae Capt. Zentner stated that Zulueta had been off-loaded "due to drinking" and "belligerent attitude," thereby belying the story of the defense about said alleged bomb-scare, and confirming the view that said agent of the defendant had acted out of resentment because his ego had been hurt by Mr. Zulueta's adamant refusal to be bullied by him. Indeed, had there been an iota of truth in said story of the defense, Capt. Zentner would have caused every one of the passengers to be frisked or searched and the luggage of all of them examined as it is done now before resuming the flight from Wake Island. His failure to do so merely makes the artificious nature of defendant's version more manifest. Indeed, the fact that Mrs. Zulueta and Miss Zulueta were on board the plane shows beyond doubt that Mr. Zulueta could not possibly have intended to blow it up. The defense tries to explain its failure to introduce any evidence to contradict the testimony of Mr. Zulueta as to why he had gone to the beach and what he did there, alleging that, in the very nature of things, nobody else could have witnessed it. Moreover, the defense insists, inter alia, that the testimony of Mr. Zulueta is inherently incredible because he had no idea as to how many toilets the plane had; it could not have taken him an hour to relieve himself in the beach; there were eight (8) commodes at the terminal toilet for men ; if he felt the need of relieving himself, he would have seen to it that the soldiers did not beat him to the terminal toilets; he did not tell anybody about the reason for going to the beach, until after the plane had taken off from Wake. We find this pretense devoid of merit. Although Mr. Zulueta had to look for a secluded place in the beach to relieve himself, beyond the view of others, defendant's airport manager, whom Mr. Zulueta informed about it, soon afterthe departure of the plane, could have forthwith checked the veracity of Mr. Zulueta's statement by asking him to indicate the specific place where he had been in the beach and then proceeding thereto for purposes of verification. Then, again, the passenger of a plane seldom knows how many toilets it has. As a general rule, his knowledge is limited to the toilets for the class first class or tourist class in which he is. Then, too, it takes several minutes for the passengers of big aircrafts, like those flying from the U.S. to the Philippines, to deplane. Besides, the speed with which a given passenger may do so depends, largely, upon the location of his seat in relation to the exit door. He cannot go over the heads of those nearer than he thereto. Again, Mr. Zulueta may have stayed in the toilet terminal for some time, expecting one of the commodes therein to be vacated soon enough, before deciding to go elsewhere to look for a place suitable to his purpose. But he had to walk, first, from the plane to the terminal building and, then, after vainly waiting therein for a while, cover a distance of about 400 yards therefrom to the beach, and seek there a place not visible by the people in the plane and in the terminal, inasmuch as the terrain at Wake Island is flat. What is more, he must have had to takeoff part, at least, of his clothing, because, without the facilities of a toilet, he had to wash himself and, then, dry himself up before he could be properly attired and walk back the 400 yards that separated him from the terminal building and/or the plane. Considering, in addition to the foregoing, the fact that he was not feeling well, at that time, We are not prepared to hold that it could not have taken him around an hour to perform the acts narrated by him. But, why asks the defendant did he not reveal the same before the plane took off? The record shows that, even before Mr. Zulueta had reached the ramp leading to the plane, Capt. Zentner was already demonstrating at him in an intemperate and arrogant tone and attitude ("What do you think you are?), thereby impelling Mr. Zulueta to answer back in the same vein. As a consequence, there immediately ensued an altercation in the course of which each apparently tried to show that he could not be cowed by the other. Then came the order of Capt. Zentner to off-load all of the Zuluetas, including Mrs. Zulueta and the minor Miss Zulueta, as well as their luggage, their overcoats and other effects handcarried by them; but, Mr. Zulueta requested that the ladies be allowed to continue the trip. Meanwhile, it had taken time to locate his four (4) pieces of luggage. As a matter of fact, only three (3) of them were found, and the fourth eventually remained in the plane. In short, the issue between Capt. Zentner and Mr. Zulueta had been limited to determining whether the latter would allow himself to be browbeaten by the former. In the heat of the altercation, nobody had inquired about the cause of Mr. Zulueta's delay in returning to the plane, apart from the fact that it was rather embarrassing for him to explain, in the presence and within the hearing of the passengers and the crew, then assembled around them, why he had gone to the beach and why it had taken him some time to answer there a call of nature, instead of doing so in the terminal building. Defendant's motion for reconsideration assails: (1) the amount of damages awarded as excessive; (2) the propriety of accepting as credible plaintiffs' theory; (3) plaintiffs' right to recover either moral or exemplary damages; (4) plaintiffs' right to recover attorney's fees; and (5) the non-enforcement of the compromise agreement between the defendant and plaintiff's wife, Mrs. Zulueta. Upon the other hand, plaintiffs' motion for reconsideration contests the decision of this Court reducing the amount of damages awarded by the trial court to approximately one-half thereof, upon the ground, not only that, contrary to the findings of this Court, in said decision, plaintiff had not contributed to the aggravation of his altercation or incident with Capt. Zentner by reacting to his provocation with extreme belligerency thereby allowing himself to be dragged down to the level on which said agent of the defendant had placed himself, but, also, because the purchasing power of our local currency is now much lower than when the trial court rendered its appealed decision, over five (5) years ago, on July 5, 1967, which is an undeniable and undisputed fact. Precisely, for this reason, defendant's characterization as exorbitant of the aggregate award of over P700,000 by way of damages, apart from attorney's fees in the sum of P75,000, is untenable. Indeed, said award is now barely equivalent to around 100,000 U. S. dollars. It further support of its contention, defendant cites the damages awarded in previous cases to passengers of airlines, 8 as well as in several criminal cases, and some cases for libel and slander. None of these cases is, however, in point. Said cases against airlines referred to passengers who were merely constrained to take atourist class accommodation, despite the fact that they had first class tickets, and that although, in one of such cases, there was proof that the airline involved had acted as it did to give preference to a "white" passenger, this motive was not disclosed until the trial in court. In the case at bar, plaintiff Rafael Zulueta was "off-loaded" at Wake Island, for having dared to retort to defendant's agent in a tone and manner matching, if not befitting his intemperate language and arrogant attitude. As a consequence, Capt. Zentner's attempt to humiliate Rafael Zulueta had boomeranged against him (Zentner), in the presence of the other passengers and the crew. It was, also, in their presence that defendant's agent had referred to the plaintiffs as "monkeys," a racial insult not made openly and publicly in the abovementioned previous cases against airlines. In other words, Mr. Zulueta was off-loaded, not to protect the safety of the aircraft and its passengers, but to retaliate and punish him for the embarrassment and loss of face thus suffered by defendant's agent. This vindictive motive is made more manifest by the note delivered to Mr. Zulueta by defendant's airport manager at Wake Island, Mr. Sitton, stating that the former's stay therein would be "for a minimum of one week," during which he would be charged $13.30 per day. This reference to a "minimum of one week" revealed the intention to keep him there stranded that long, for no other plane, headed for Manila, was expected within said period of time, although Mr. Zulueta managed to board, days later, a plane that brought him to Hawaii, whence he flew back to the Philippines, via Japan. Neither may criminal cases, nor the cases for libel and slander cited in the defendant's motion for reconsideration, be equated with the present case. Indeed, in ordinary criminal cases, the award for damages is, in actual practice, of purely academic value, for the convicts generally belong to the poorest class of society. There is, moreover, a fundamental difference between said cases and the one at bar. The Zuluetas had a contract of carriage with the defendant, as a common carrier, pursuant to which the latter was bound, for a substantial monetary considerationpaid by the former, not merely to transport them to Manila, but, also, to do so with "extraordinary diligence" or "utmost diligence." 9 The responsibility of the common carrier, under said contract, as regards the passenger's safety, is of such a nature, affecting as it does public interest, that it "cannot be dispensed with" or even "lessenedby stipulation, by the posting of notices, by statements on tickets, or otherwise." 10 In the present case, the defendant did not only fail to comply with its obligation to transport Mr. Zulueta to Manila, but, also, acted in a manner calculated to humiliate him, to chastise him, to make him suffer, to cause to him the greatest possible inconvenience, by leaving him in a desolate island, in the expectation that he would be stranded there for a "minimum of one week" and, in addition thereto, charged therefor $13.30 a day. It is urged by the defendant that exemplary damages are not recoverable in quasi-delicts, pursuant to Article 2231 of our Civil Code, except when the defendant has acted with "gross negligence," and that there is no specific finding that it had so acted. It is obvious, however, that in off-loading plaintiff at Wake Island, under the circumstances heretofore adverted to, defendant's agents had acted with malice aforethought and evident bad faith. If "gross negligence" warrants the award of exemplary damages, with more reason is its imposition justified when the act performed is deliberate, malicious and tainted with bad faith. Thus, in Lopez v. PANAM, 11 We held: The rationale behind exemplary or corrective damages is, as the name implies, to provide an example or correction for public good. Defendant having breached its contracts in bad faith, the court, as stated earlier, may award exemplary damages in addition to moral damages (Articles 2229, 2232, New Civil Code.) Similarly, in NWA v. Cuenca, 12 this Court declared that an award for exemplary damages was justified by the fact that the airline's "agent had acted in a wanton, reckless and oppressive manner" in compelling Cuenca, upon arrival at Okinawa, to transfer, over his objection, from the first class, where he was accommodated from Manila to Okinawa, to the tourist class, in his trip to Japan, "under threat of otherwise leaving him in Okinawa," despite the fact that he had paid in full the first class fare and was issued in Manila a first class ticket. Defendant cites Rotea v. Halili, 13 in support of the proposition that a principal is not liable for exemplary damages owing to acts of his agent unless the former has participated in said acts or ratified the same. Said case involved, however, the subsidiary civil liability of an employer arising from criminal acts of his employee, and "exemplary damages ... may be imposed when the crime was committed with one or more aggravating circumstances." 14 Accordingly, the Rotea case is not in point, for the case at bar involves a breach of contract, as well as a quasi-delict. Neither may the case of Palisoc v. Brillantes, 15 invoked by the defendant, be equated with the case at bar. The Palisoc case dealt with the liability of school officials for damages arising from the death of a student (Palisoc) due to fist blows given by another student (Daffon), in the course of a quarrel between them, while in a laboratory room of the Manila Technical Institute. In an action for damages, the head thereof and the teacher in charge of said laboratory were held jointly and severally liable with the student who caused said death, for failure of the school to provide "adequate supervision over the activities of the students in the school premises," to protect them "from harm, whether at the hands of fellow students or other parties." Such liability was predicated upon Article 2180 of our Civil Code, the pertinent part of which reads: ART. 2180. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. xxx xxx xxx Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. xxx xxx xxx Obviously, the amount of damages warded in the Palisoc case is not and cannot serve as the measure of the damages recoverable in the present case, the latter having been caused directly and intentionally by an employee or agent of the defendant, whereas the student who killed the young Palisoc was in no wise an agent of the school. Moreover, upon her arrival in the Philippines, Mrs. Zulueta reported her husband's predicament to defendant's local manager and asked him to forthwith have him (Mr. Zulueta) brought to Manila, which defendant's aforementioned manager refused to do, thereby impliedly ratifying the off-loading of Mr. Zulueta at Wake Island. It is next urged that, under the contract of carriage with the defendant, Mr. Zulueta was bound to be present at the time scheduled for the departure of defendant's plane and that he had, consequently, violated said contract when he did not show up at such time. This argument might have had some weight had defendant's plane taken offbefore Mr. Zulueta had shown up. But the fact is that he was ready, willing and able to board the plane about two hours before it actually took off, and that he was deliberately and maliciously off-loaded on account of his altercation with Capt. Zentner. It should, also, be noted that, although Mr. Zulueta was delayed some 20 to 30 minutes, the arrival or departure of planes is often delayed for much longer periods of time. Followed to its logical conclusion, the argument adduced by the defense suggests that airlines should be held liable for damages due to the inconvenience and anxiety, aside from actual damages, suffered by many passengers either in their haste to arrive at the airport on scheduled time just to find that their plane will not take off until later, or by reason of the late arrival of the aircraft at its destination. PANAM impugns the award of attorney's fees upon the ground that no penalty should be imposed upon the right to litigate; that, by law, it may be awarded only in exceptional cases; that the claim for attorney's fees has not been proven; and that said defendant was justified in resisting plaintiff's claim "because it was patently exorbitant." Nothing, however, can be farther from the truth. Indeed apart from plaintiff's claim for actual damages, the amount of which is not contested, plaintiffs did not ask any specific sum by way of exemplary and moral damages, as well as attorney's fees, and left the amount thereof to the "sound discretion" of the lower court. This, precisely, is the reason why PANAM, now, alleges without justification that the lower court had no jurisdiction over the subject matter of the present case. Moreover, Article 2208 of our Civil Code expressly authorizes the award of attorney's fees "when exemplary damages are awarded," as they are in this case as well as "in any other case where the court deems it just and equitable that attorney's fees ... be recovered," and We so deem it just and equitable in the present case, considering the "exceptional" circumstances obtaining therein, particularly the bad faith with which defendant's agent had acted, the place where and the conditions under which Rafael Zulueta was left at Wake Island, the absolute refusal of defendant's manager in Manila to take any step whatsoever to alleviate Mr. Zulueta's predicament at Wake and have him brought to Manila which, under their contract of carriage, was defendant's obligation to discharge with "extra-ordinary" or "utmost" diligence and, the "racial" factor that had, likewise, tainted the decision of defendant's agent, Capt. Zentner, to off-load him at Wake Island. As regards the evidence necessary to justify the sum of P75,000 awarded as attorney's fees in this case, suffice it to say that the quantity and quality of the services rendered by plaintiffs' counsel appearing on record, apart from the nature of the case and the amount involved therein, as well as his prestige as one of the most distinguished members of the legal profession in the Philippines, of which judicial cognizance may be taken, amply justify said award, which is a little over 10% of the damages (P700,000) collectible by plaintiffs herein. Indeed, the attorney's fees in this case is proportionally much less than that adjudged in Lopez v. PANAM 16 in which the judgment rendered for attorney's fees (P50,000) was almost 20% of the damages (P275,000) recovered by the plaintiffs therein. The defense assails the last part of the decision sought to be reconsidered, in which relying upon Article 172 of our Civil Code, which provides that "(t)he wife cannot bind the conjugal partnership without the husband's consent, except in cases provided by law," and it is not claimed that this is one of such cases We denied a motion, filed by Mrs. Zulueta, for the dismissal of this case, insofar as she is concerned - she having settled all her differences with the defendant, which appears to have paid her the sum of P50,000 therefor - "without prejudice to this sum being deducted from the award made in said decision." Defendant now alleges that this is tantamount to holding that said compromise agreement is both effective and ineffective. This, of course, is not true. The payment is effective, insofar as it is deductible from the award, and, because it is due (or part of the amount due) from the defendant, with or without its compromise agreement with Mrs. Zulueta. What is ineffective is the compromise agreement, insofar as the conjugal partnership is concerned. Mrs. Zulueta's motion was for the dismissal of the case insofar as she was concerned, and the defense cited in support thereof Article 113 of said Code, pursuant to which "(t)he husband must be joined in all suits by or against the wife except: ... (2) If they have in fact been separated for at least one year." This provision, We held, however, refers to suits in which the wife is the principal or real party in interest, not to the case at bar, "in which the husband is the main party in interest, both as the person principally aggrieved and as administrator of the conjugal partnership ... he having acted in this capacity in entering into the contract of carriage with PANAM and paid the amount due to the latter, under the contract, with funds of the conjugal partnership," to which the amounts recoverable for breach of said contract, accordingly, belong. The damages suffered by Mrs. Zulueta were mainly an in accident of the humiliation to which her husband had been subjected. The Court ordered that said sum of P50,00 paid by PANAM to Mrs. Zulueta be deducted from the aggregate award in favor of the plaintiffs herein for the simple reason that upon liquidation of the conjugal partnership, as provided by law, said amount would have to be reckoned with, either as part of her share in the partnership, or as part of the support which might have been or may be due to her as wife of Rafael Zulueta. It would surely be inane to sentence the defendant to pay the P700,000 due to the plaintiffs and to direct Mrs. Zulueta to return said P50,000 to the defendant. In this connection, it is noteworthy that, for obvious reasons of public policy, she is not allowed by law to waive her share in the conjugal partnership, before the dissolution thereof. 17 She cannot even acquire any property by gratuitous title, without the husband's consent, except from her ascendants, descendants, parents-in-law, and collateral relatives within the fourth degree. 18
It is true that the law favors and encourages the settlement of litigations by compromise agreement between the contending parties, but, it certainly does not favor a settlement with one of the spouses, both of whom are plaintiffs or defendants in a common cause, such as the defense of the rights of the conjugal partnership, when the effect, even if indirect, of the compromise is to jeopardize "the solidarity of the family" which the law 19 seeks to protect by creating an additional cause for the misunderstanding that had arisen between such spouses during the litigation, and thus rendering more difficult a reconciliation between them. It is urged that there is no proof as to the purpose of the trip of the plaintiffs, that neither is there any evidence that the money used to pay the plane tickets came from the conjugal funds and that the award to Mrs. Zulueta was for her personal suffering or injuries. There was, however, no individual or specific award in favor of Mrs. Zulueta or any of the plaintiffs. The award was made in their favor collectively. Again, in the absence of said proof, the presumption is that the purpose of the trip was for the common benefit of the plaintiffs and that the money had come from the conjugal funds, for, unless there is proof to the contrary, it is presumed "(t)hat things have happened according to the ordinary course of nature and the ordinary habits of life." 20 In fact Manresa maintains 21 that they are deemed conjugal, when the source of the money used therefor is not established, even if the purchase had been made by the wife. 22 And this is the rule obtaining in the Philippines. Even property registered, under the Torrens system, in the name of one of the spouses, or in that of the wife only, if acquired during the marriage, is presumed to belong to the conjugal partnership, unless there is competent proof to the contrary. 23
PANAM maintains that the damages involved in the case at bar are not among those forming part of the conjugal partnership pursuant to Article 153 of the Civil Code, reading: ART. 153. The following are conjugal partnership property: (1) That which is acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (2) That which is obtained by the industry, or work, or as salary of the spouses, or of either of them; (3) The fruits, rents or interests received or due during the marriage, coming from the common property or from the exclusive property of each spouse. Considering that the damages in question have arisen from, inter alia, a breach of plaintiffs' contract of carriage with the defendant, for which plaintiffs paid their fare with funds presumably belonging to the conjugal partnership, We hold that said damages fall under paragraph (1) of said Article 153, the right thereto having been "acquired byonerous title during the marriage ... ." This conclusion is bolstered up by Article 148 of our Civil Code, according to which: ART. 148. The following shall be the exclusive property of each spouse: (1) That which is brought to the marriage as his or her own; (2) That which each acquires, during the marriage, by lucrative title; (3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses; (4) That which is purchased with exclusive money of the wife or of the husband. The damages involved in the case at bar do not come under any of these provisions or of the other provisions forming part of Chapter 3, Title VI, of Book I of the Civil Code, which chapter is entitled "Paraphernal Property." What is more, if "(t)hat which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses," and "(t)hat which is purchased with exclusive money of the wife or of the husband," 24 belong exclusively to such wife or husband, it follows necessarily that that which is acquired with money of the conjugal partnership belongs thereto or forms part thereof. The rulings in Maramba v. Lozano 25 and Perez v. Lantin, 26 cited in defendant's motion for reconsideration, are, in effect, adverse thereto. In both cases, it was merely held that the presumption under Article 160 of our Civil Code to the effect that all property of the marriage belong to the conjugal partnership does not apply unless it is shown that it was acquired during marriage. In the present case, the contract of carriage was concededly entered into, and the damages claimed by the plaintiffs were incurred, during marriage. Hence, the rights accruing from said contract, including those resulting from breach thereof by the defendant, are presumed to belong to the conjugal partnership of Mr. and Mrs. Zulueta. The fact that such breach of contract was coupled, also, with a quasi-delict constitutes an aggravating circumstance and can not possibly have the effect of depriving the conjugal partnership of such property rights. Defendant insists that the use of conjugal funds to redeem property does not make the property redeemed conjugal if the right of redemption pertained to the wife. In the absence, however, of proof that such right of redemption pertains to the wife and there is no proof that the contract of carriage with PANAM or the money paid therefor belongs to Mrs. Zulueta the property involved, or the rights arising therefrom, must be presumed, therefore, to form part of the conjugal partnership. It is true that in Lilius v. Manila Railroad Co., 27 it was held that the "patrimonial and moral damages" awarded to a young and beautiful woman by reason of a scar in consequence of an injury resulting from an automobile accident which disfigured her face and fractured her left leg, as well as caused a permanent deformity, are her paraphernal property. Defendant cites, also, in support of its contention the following passage from Colin y Capitant: No esta resuelta expresamente en la legislacion espaola la cuestion de si las indemnizaciones debidas por accidentes del trabaho tienen la consideracion de gananciales, o son bienes particulares de los conyuges. Inclinan a la solucion de que estas indemnizaciones deben ser consideradas como gananciales, el hecho de que la sociedad pierde la capacidad de trabajocon el accidente, que a ella le pertenece, puesto que de la sociedad son losfrutos de ese trabajo; en cambio, la consideracion de que igual manera que losbienes que sustituyen a los que cada conyuge lleva al matrimonio como propiostienen el caracter de propios, hace pensar que las indemnizaciones que vengana suplir la capacidad de trabajo aportada por cada conyuge a la sociedad, debenser juridicamente reputadas como bienes propios del conyuge que haya sufrido elaccidente. Asi se llega a la misma solucion aportada por la jurisprudencia francesca. 28
This opinion is, however, undecisive, to say the least. It should be noted that Colin y Capitant were commenting on the French Civil Code; that their comment referred to indemnities due in consequence of "accidentes del trabajo "resulting in physical injuries sustained by one of the spouses (which Mrs. Zulueta has not suffered); and that said commentators admit that the question whether or not said damages are paraphernal property or belong to the conjugal partnership is not settled under the Spanish law. 29 Besides, the French law and jurisprudence to which the comments of Planiol and Ripert, likewise, refer are inapposite to the question under consideration, because they differ basically from the Spanish law in the treatment of the property relations between husband and wife. Indeed, our Civil Code, like the Spanish Civil Code, favors the system of conjugal partnership of gains. Accordingly, the former provides that, "(i)n the absence of marriage settlements, or when the same are void, the system of relative community or conjugal partnership of gains ... shall govern the property relations between" the spouses. 30 Hence, "(a)ll property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or to the wife." 31
No similar rules are found in the French Civil Code. What is more, under the provisions thereof, the conjugal partnership exists only when so stipulated in the "capitulaciones matrimoniales" or by way of exception. In the language of Manresa Prescindimos de los preceptos de los Condigos de Francia, Italia, Holanda, Portugal, Alemania y Suiza, porsue solo excepcionalmente, o cuando asi se pacta en las capitulaciones, admiten el sistema de gananciales. 32
Again, Colin y Capitant, as well as the Lilius case, refer to damages recovered for physical injuries suffered by the wife. In the case at bar, the party mainly injured, although not physically, is the husband. Accordingly, the other Philippine cases 33 and those from Louisiana whose civil law is based upon the French Civil Code cited by the defendant, which similarly refer to moral damages due to physical injuries suffered by the wife, are, likewise, inapplicable to the case at bar. We find, therefore, no plausible reason to disturb the views expressed in Our decision promulgated on February 29, 1972. WHEREFORE, the motions for reconsideration above-referred to should be, as they are hereby denied.
Republic of the Philippines SUPREME COURT Manila SECOND DIVISION
G.R. No. 86100-03 January 23, 1990 METROPOLITAN BANK AND TRUST COMPANY, petitioner, vs. THE HONORABLE COURT OF APPEALS and ARTURO ALAFRIZ and ASSOCIATES, respondents. Bautista, Picazo, Buyco, Tan & Fider for petitioner. Arturo A. Alafriz & Associates for and in their own behalf.
REGALADO, J .: This petition for review on certiorari impugns the decision of the Court of Appeals in CA-G.R. Nos. 08265-08268 1 affirming the order of Branch 168, Regional Trial Court, National Capital Judicial Region, in Civil Cases Nos. 19123-28, 19136 and 19144, fixing attorney's fees and directing herein petitioner Metropolitan Bank and Trust Company (Metrobank, for brevity), as defendant in said civil cases, to pay its attorneys, herein private respondent Arturo Alafriz and Associates, movant therein, the amount of P936,000.00 as attorney's fees on a quantum meruitbasis. The records show that from March, 1974 to September, 1983, private respondent handled the above-mentioned civil cases before the then Court of First Instance of Pasig (Branches I, II, VI, X, XIII, XIX, XX AND XXIV) in behalf of petitioner. 2 The civil cases were all for the declaration of nullity of certain deeds of sale, with damages. The antecedental facts 3 which spawned the filing of said actions are undisputed and are hereinunder set forth as found by the trial court and adopted substantially in the decision of respondent court. A certain Celedonio Javier bought seven (7) parcels of land owned by Eustaquio Alejandro, et al., with a total area of about ten (10) hectares. These properties were thereafter mortgaged by Javier with the petitioner to secure a loan obligation of one Felix Angelo Bautista and/or International Hotel Corporation. The obligors having defaulted, petitioner foreclosed the mortgages after which certificates of sale were issued by the provincial sheriff in its favor as purchaser thereof Subsequently, Alejandro, alleging deceit, fraud and misrepresentation committed against him by Javier in the sale of the parcels of land, brought suits against Javier et al., and included petitioner as defendant therein. It was during the pendency of these suits that these parcels of land were sold by petitioner to its sister corporation, Service Leasing Corporation on March 23, 1983 for the purported price of P600,000.00. On the same day, the properties were resold by the latter to Herby Commercial and Construction Corporation for the purported price of P2,500,000.00. Three months later, or on June 7, 1983, Herby mortgaged the same properties with Banco de Oro for P9,200,000.00. The lower court found that private respondent, did not have knowledge of these transfers and transactions. As a consequence of the transfer of said parcels of land to Service Leasing Corporation, petitioner filed an urgent motion for substitution of party on July 28, 1983. Private respondent, on its part, filed on August 16, 1983 a verified motion to enter in the records of the aforesaid civil cases its charging lien, pursuant to Section 37, Rule 138 of the Rules of Court, equivalent to twenty-five percent (25%) of the actual and current market values of the litigated properties as its attorney's fees. Despite due notice, petitioner failed to appear and oppose said motion, as a result of which the lower court granted the same and ordered the, Register of Deeds of Rizal to annotate the attorney's liens on the certificates of title of the parcels of land. Meanwhile, the plaintiffs Alejandro, et al. in the aforesaid civil cases, which had been consolidated and were pending before the Regional Trial Court of Pasig, filed a motion to dismiss their complaints therein, which motion the lower court granted with prejudice in its order dated September 5, 1983. On December 29, 1983, the same court ordered the Register of Deeds to annotate the attorney's liens of private respondent on the derivative titles which cancelled Transfer Certificates of Title Nos. 453093 to 453099 of the original seven (7) parcels of land hereinbefore adverted to. On May 28,1984, private respondent filed a motion to fix its attorney's fees, based on quantum meruit, which motion precipitated an exchange of arguments between the parties. On May 30, 1984, petitioner manifested that it had fully paid private respondent; the latter, in turn, countered that the amount of P50,000.00 given by petitioner could not be considered as full payment but merely a cash advance, including the amount of P14,000.00 paid to it on December 15, 1980. It further appears that private respondent attempted to arrange a compromise with petitioner in order to avoid suit, offering a compromise amount of P600,000.00 but the negotiations were unsuccessful. Finally, on October 15,1984, the court a quo issued the order assailed on appeal before respondent court, granting payment of attorney's fees to private respondent, under the following dispositive portion: PREMISES CONSIDERED, the motion is hereby granted and the Metropolitan Bank and Trust Company (METROBANK) and Herby Commercial and Construction Corporation 4 are hereby ordered to pay the movant Arturo Alafriz and Associates the amount of P936,000.00 as its proper, just and reasonable attorney's fees in these cases. 5
On appeal, respondent court affirmed the order of the trial court in its decision promulgated on February 11, 1988. A motion for reconsideration, dated March 3, 1988, was filed by petitioner but the same was denied in a resolution promulgated on November 19, 1988, hence the present recourse. The issues raised and submitted for determination in the present petition may be formulated thus: (1) whether or not private respondent is entitled to the enforcement of its charging lien for payment of its attorney's fees; (2) whether or not a separate civil suit is necessary for the enforcement of such lien and (3) whether or not private respondent is entitled to twenty-five (25%) of the actual and current market values of the litigated properties on aquantum meruit basis. On the first issue, petitioner avers that private respondent has no enforceable attorney's charging lien in the civil cases before the court below because the dismissal of the complaints therein were not, in the words of Section 37, Rule 138, judgments for the payment of money or executions issued in pursuance of such judgments. 6
We agree with petitioner. On the matter of attorney's liens Section 37, Rule 138 provides: . . . He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. Consequent to such provision, a charging lien, to be enforceable as security for the payment of attorney's fees, requires as a condition sine qua non a judgment for money and execution in pursuance of such judgment secured in the main action by the attorney in favor of his client. A lawyer may enforce his right to fees by filing the necessary petition as an incident in the main action in which his services were rendered when something is due his client in the action from which the fee is to be paid. 7
In the case at bar, the civil cases below were dismissed upon the initiative of the plaintiffs "in view of the frill satisfaction of their claims." 8 The dismissal order neither provided for any money judgment nor made any monetary award to any litigant, much less in favor of petitioner who was a defendant therein. This being so, private respondent's supposed charging lien is, under our rule, without any legal basis. It is flawed by the fact that there is nothing to generate it and to which it can attach in the same manner as an ordinary lien arises and attaches to real or personal property. In point is Morente vs. Firmalino, 9 cited by petitioner in support of its position. In that case, movant- appellant attorney sought the payment of his fees from his client who was the defendant in a complaint for injunction which was dismissed by the trial court after the approval of an agreement entered into by the litigants. This Court held: . . . The defendant having suffered no actual damage by virtue of the issuance of a preliminary injunction, it follows that no sum can be awarded the defendant for damages. It becomes apparent, too, that no amount having been awarded the defendant, herein appellant's lien could not be enforced. The appellant, could, by appropriate action, collect his fees as attorney. Private respondent would nevertheless insist that the lien attaches to the "proceeds of a judgment of whatever nature," 10 relying on the case of Bacolod-Murcia Milling Co. Inc. vs. Henares 11 and some American cases holding that the lien attaches to the judgment recovered by an attorney and the proceeds in whatever form they may be. 12
The contention is without merit just as its reliance is misplaced. It is true that there are some American cases holding that the lien attaches even to properties in litigation. However, the statutory rules on which they are based and the factual situations involved therein are neither explained nor may it be said that they are of continuing validity as to be applicable in this jurisdiction. It cannot be gainsaid that legal concepts of foreign origin undergo a number of variegations or nuances upon adoption by other jurisdictions, especially those with variant legal systems. In fact, the same source from which private respondent culled the American cases it cited expressly declares that "in the absence of a statute or of a special agreement providing otherwise, the general rule is that an attorney has no lien on the land of his client, notwithstanding such attorney has, with respect to the land in question, successfully prosecuted a suit to establish the title of his client thereto, recovered title or possession in a suit prosecuted by such client, or defended successfully such client's right and title against an unjust claim or an unwarranted attack," 13 as is the situation in the case at bar. This is an inescapable recognition that a contrary rule obtains in other jurisdictions thereby resulting in doctrinal rulings of converse or modulated import. To repeat, since in our jurisdiction the applicable rule provides that a charging lien attaches only to judgments for money and executions in pursuance of such judgment, then it must be taken in haec verba. The language of the law is clear and unequivocal and, therefore, it must be taken to mean exactly what it says, barring any necessity for elaborate interpretation. 14
Notably, the interpretation, literal as it may appear to be, is not without support in Philippine case law despite the dearth of cases on all fours with the present case. In Caina et al. vs. Victoriano, et al., 15 the Court had the occasion to rule that "the lien of respondent is not of a nature which attaches to the property in litigation but is at most a personal claim enforceable by a writ of execution." In Ampil vs. Juliano-Agrava, et al., 16 the Court once again declared that a charging lien "presupposes that the attorney has secured a favorable money judgment for his client . . ." Further, in Director of Lands vs. Ababa, et al., 17 we held that "(a) charging lien under Section 37, Rule 138 of the Revised Rules of Court is limited only to money judgments and not to judgments for the annulment of a contract or for delivery of real property as in the instant case." Even in the Bacolod-Murcia Milling case, which we previously noted as cited by private respondent, there was an express declaration that "in this jurisdiction, the lien does not attach to the property in litigation." Indeed, an attorney may acquire a lien for his compensation upon money due his client from the adverse party in any action or proceeding in which the attorney is employed, but such lien does not extend to land which is the subject matter of the litigation. 18 More specifically, an attorney merely defeating recovery against his client as a defendant is not entitled to a lien on the property involved in litigation for fees and the court has no power to fix the fee of an attorney defending the client's title to property already in the client's possession. 19
While a client cannot defeat an attorney's right to his charging lien by dismissing the case, terminating the services of his counsel, waiving his cause or interest in favor of the adverse party or compromising his action, 20 this rule cannot find application here as the termination of the cases below was not at the instance of private respondent's client but of the opposing party. The resolution of the second issue is accordingly subsumed in the preceding discussion which amply demonstrates that private respondent is not entitled to the enforcement of its charging lien. Nonetheless, it bears mention at this juncture that an enforceable charging lien, duly recorded, is within the jurisdiction of the court trying the main case and this jurisdiction subsists until the lien is settled. 21 There is certainly no valid reason why the trial court cannot pass upon a petition to determine attorney's fees if the rule against multiplicity of suits is to be activated. 22 These decisional rules, however, apply only where the charging lien is valid and enforceable under the rules. On the last issue, the Court refrains from resolving the same so as not to preempt or interfere with the authority and adjudicative facility of the proper court to hear and decide the controversy in a proper proceeding which may be brought by private respondent. A petition for recovery of attorney's fees, either as a separate civil suit or as an incident in the main action, has to be prosecuted and the allegations therein established as any other money claim. The persons who are entitled to or who must pay attorney's fees have the right to be heard upon the question of their propriety or amount. 23 Hence, the obvious necessity of a hearing is beyond cavil. Besides, in fixing a reasonable compensation for the services rendered by a lawyer on the basis of quantum meruit, the elements to be considered are generally (1) the importance of the subject matter in controversy, (2) the extent of the services rendered, and (3) the professional standing of the lawyer. 24 These are aside from the several other considerations laid down by this Court in a number of decisions as pointed out by respondent court. 25 A determination of all these factors would indispensably require nothing less than a full-blown trial where private respondent can adduce evidence to establish its right to lawful attorney's fees and for petitioner to oppose or refute the same. Nothing in this decision should, however, be misconstrued as imposing an unnecessary burden on private respondent in collecting the fees to which it may rightfully be entitled. But, as in the exercise of any other right conferred by law, the proper legal remedy should be availed of and the procedural rules duly observed to forestall and obviate the possibility of abuse or prejudice, or what may be misunderstood to be such, often to the undeserved discredit of the legal profession. Law advocacy, it has been stressed, is not capital that yields profits. The returns it births are simple rewards for a job done or service rendered. It is a calling that, unlike mercantile pursuits which enjoy a greater deal of freedom from government interference, is impressed with public interest, for which it is subject to State regulation. 26
ACCORDINGLY, the instant petition for review is hereby GRANTED and the decision of respondent Court of Appeals of February 11, 1988 affirming the order of the trial court is hereby REVERSED and SET ASIDE, without prejudice to such appropriate proceedings as may be brought by private respondent to establish its right to attorney's fees and the amount thereof. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC
A.M. No. 1625 February 12, 1990 ANGEL L. BAUTISTA, complainant, vs. ATTY. RAMON A. GONZALES, respondent. R E S O L U T I O N
PER CURIAM: In a verified complaint filed by Angel L. Bautista on May 19, 1976, respondent Ramon A. Gonzales was charged with malpractice, deceit, gross misconduct and violation of lawyer's oath. Required by this Court to answer the charges against him, respondent filed on June 19, 1976 a motion for a bill of particulars asking this Court to order complainant to amend his complaint by making his charges more definite. In a resolution dated June 28, 1976, the Court granted respondent's motion and required complainant to file an amended complaint. On July 15, 1976, complainant submitted an amended complaint for disbarment, alleging that respondent committed the following acts: 1. Accepting a case wherein he agreed with his clients, namely, Alfaro Fortunado, Nestor Fortunado and Editha Fortunado [hereinafter referred to as the Fortunados] to pay all expenses, including court fees, for a contingent fee of fifty percent (50%) of the value of the property in litigation. 2. Acting as counsel for the Fortunados in Civil Case No. Q-15143, wherein Eusebio Lopez, Jr. is one of the defendants and, without said case being terminated, acting as counsel for Eusebio Lopez, Jr. in Civil Case No. Q-15490; 3. Transferring to himself one-half of the properties of the Fortunados, which properties are the subject of the litigation in Civil Case No. Q- 15143, while the case was still pending; 4. Inducing complainant, who was his former client, to enter into a contract with him on August 30, 1971 for the development into a residential subdivision of the land involved in Civil Case No. Q-15143, covered by TCT No. T-1929, claiming that he acquired fifty percent (50%) interest thereof as attorney's fees from the Fortunados, while knowing fully well that the said property was already sold at a public auction on June 30, 1971, by the Provincial Sheriff of Lanao del Norte and registered with the Register of Deeds of Iligan City; 5. Submitting to the Court of First Instance of Quezon City falsified documents purporting to be true copies of "Addendum to the Land Development Agreement dated August 30, 1971" and submitting the same document to the Fiscal's Office of Quezon City, in connection with the complaint for estafa filed by respondent against complainant designated as I.S. No. 7512936; 6. Committing acts of treachery and disloyalty to complainant who was his client; 7. Harassing the complainant by filing several complaints without legal basis before the Court of First Instance and the Fiscal's Office of Quezon City; 8. Deliberately misleading the Court of First Instance and the Fiscal's Office by making false assertion of facts in his pleadings; 9. Filing petitions "cleverly prepared (so) that while he does not intentionally tell a he, he does not tell the truth either." Respondent filed an answer on September 29, 1976 and an amended answer on November 18, 1976, denying the accusations against him. Complainant filed a reply to respondent's answer on December 29, 1976 and on March 24, 1977 respondent filed a rejoinder. In a resolution dated March 16, 1983, the Court referred the case to the Office of the Solicitor General for investigation, report and recommendation. In the investigation conducted by the Solicitor General, complainant presented himself as a witness and submitted Exhibits "A" to "PP", while respondent appeared both as witness and counsel and submitted Exhibits "1" to "11". The parties were required to submit their respective memoranda. On May 16, 1988 respondent filed a motion to dismiss the complaint against him, claiming that the long delay in the resolution of the complaint against him constitutes a violation of his constitutional right to due process and speedy disposition of cases. Upon order of the Court, the Solicitor General filed a comment to the motion to dismiss on August 8, 1988, explaining that the delay in the investigation of the case was due to the numerous requests for postponement of scheduled hearings filed by both parties and the motions for extension of time to file their respective memoranda." [Comment of the Solicitor General, p. 2; Record, p. 365]. Respondent filed a reply to the Solicitor General's comment on October 26, 1988. In a resolution dated January 16, 1989 the Court required the Solicitor General to submit his report and recommendation within thirty (30) days from notice. On April 11, 1989, the Solicitor General submitted his report with the recommendation that Atty. Ramon A. Gonzales be suspended for six (6) months. The Solicitor General found that respondent committed the following acts of misconduct: a. transferring to himself one-half of the properties of his clients during the pendency of the case where the properties were involved; b. concealing from complainant the fact that the property subject of their land development agreement had already been sold at a public auction prior to the execution of said agreement; and c. misleading the court by submitting alleged true copies of a document where two signatories who had not signed the original (or even the xerox copy) were made to appear as having fixed their signatures [Report and Recommendation of the Solicitor General, pp. 17-18; Rollo, pp. 403-404]. Respondent then filed on April 14, 1989 a motion to refer the case to the Integrated Bar of the Philippines (IBP) for investigation and disposition pursuant to Rule 139-B of the Revised Rules of Court. Respondent manifested that he intends to submit more evidence before the IBP. Finally, on November 27, 1989, respondent filed a supplemental motion to refer this case to the IBP, containing additional arguments to bolster his contentions in his previous pleadings. I. Preliminarily, the Court will dispose of the procedural issue raised by respondent. It is respondent's contention that the preliminary investigation conducted by the Solicitor General was limited to the determination of whether or not there is sufficient ground to proceed with the case and that under Rule 139 the Solicitor General still has to file an administrative complaint against him. Respondent claims that the case should be referred to the IBP since Section 20 of Rule 139-B provides that: This Rule shall take effect on June 1, 1988 and shall supersede the present Rule 139 entitled DISBARMENT OR SUSPENSION OF ATTORNEYS. All cases pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of Governors for investigation and disposition as provided in this Rule except those cases where the investigation has been substantially completed. The above contention of respondent is untenable. In the first place, contrary to respondent's claim, reference to the IBP of complaints against lawyers is not mandatory upon the Court [Zaldivar v. Sandiganbayan, G.R. Nos. 79690-707; Zaldivar v. Gonzales, G.R. No. 80578, October 7, 1988]. Reference of complaints to the IBP is not an exclusive procedure under the terms of Rule 139-B of the Revised Rules of Court [Ibid]. Under Sections 13 and 14 of Rule 139-B, the Supreme Court may conduct disciplinary proceedings without the intervention of the IBP by referring cases for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court. In such a case, the report and recommendation of the investigating official shall be reviewed directly by the Supreme Court. The Court shall base its final action on the case on the report and recommendation submitted by the investigating official and the evidence presented by the parties during the investigation. Secondly, there is no need to refer the case to the IBP since at the time of the effectivity of Rule 139- B [June 1, 1988] the investigation conducted by the Office of the Solicitor General had been substantially completed. Section 20 of Rule 139-B provides that only pending cases, the investigation of which has not been substantially completed by the Office of the Solicitor General, shall be transferred to the IBP. In this case the investigation by the Solicitor General was terminated even before the effectivity of Rule 139-B. Respondent himself admitted in his motion to dismiss that the Solicitor General terminated the investigation on November 26, 1986, the date when respondent submitted his reply memorandum [Motion to Dismiss, p. 1; Record, p. 353]. Thirdly, there is no need for further investigation since the Office of the Solicitor General already made a thorough and comprehensive investigation of the case. To refer the case to the IBP, as prayed for by the respondent, will result not only in duplication of the proceedings conducted by the Solicitor General but also to further delay in the disposition of the present case which has lasted for more than thirteen (13) years. Respondent's assertion that he still has some evidence to present does not warrant the referral of the case to the IBP. Considering that in the investigation conducted by the Solicitor General respondent was given ample opportunity to present evidence, his failure to adduce additional evidence is entirely his own fault. There was therefore no denial of procedural due process. The record shows that respondent appeared as witness for himself and presented no less than eleven (11) documents to support his contentions. He was also allowed to cross-examine the complainant who appeared as a witness against him. II. The Court will now address the substantive issue of whether or not respondent committed the acts of misconduct alleged by complainant Bautista. After a careful review of the record of the case and the report and recommendation of the Solicitor General, the Court finds that respondent committed acts of misconduct which warrant the exercise by this Court of its disciplinary power. The record shows that respondent prepared a document entitled "Transfer of Rights" which was signed by the Fortunados on August 31, 1971. The document assigned to respondent one-half (1/2) of the properties of the Fortunados covered by TCT No. T-1929, with an area of 239.650 sq. mm., and TCT No. T-3041, with an area of 72.907 sq. m., for and in consideration of his legal services to the latter. At the time the document was executed, respondent knew that the abovementioned properties were the subject of a civil case [Civil Case No. Q-15143] pending before the Court of First Instance of Quezon City since he was acting as counsel for the Fortunados in said case [See Annex "B" of Original Complaint, p. 12; Rollo, p. 16]. In executing the document transferring one-half (1/2) of the subject properties to himself, respondent violated the law expressly prohibiting a lawyer from acquiring his client's property or interest involved in any litigation in which he may take part by virtue of his profession [Article 1491, New Civil Code]. This Court has held that the purchase by a lawyer of his client's property or interest in litigation is a breach of professional ethics and constitutes malpractice [Hernandez v. Villanueva, 40 Phil. 774 (1920); Go Beltran v. Fernandez, 70 Phil. 248 (1940)]. However, respondent notes that Canon 10 of the old Canons of Professional Ethics, which states that "[t]he lawyer should not purchase any interests in the subject matter of the litigation which he is conducting," does not appear anymore in the new Code of Professional Responsibility. He therefore concludes that while a purchase by a lawyer of property in litigation is void under Art. 1491 of the Civil Code, such purchase is no longer a ground for disciplinary action under the new Code of Professional Responsibility. This contention is without merit. The very first Canon of the new Code states that "a lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal process" (Emphasis supplied), Moreover, Rule 138, Sec. 3 of the Revised Rules of Court requires every lawyer to take an oath to 44 obey the laws [of the Republic of the Philippines] as well as the legal orders of the duly constituted authorities therein." And for any violation of this oath, a lawyer may be suspended or disbarred by the Supreme Court [Rule 138, Sec. 27, Revised Rules of Court]. All of these underscore the role of the lawyer as the vanguard of our legal system. The transgression of any provision of law by a lawyer is a repulsive and reprehensible act which the Court will not countenance. In the instant case, respondent, having violated Art. 1491 of the Civil Code, must be held accountable both to his client and to society. Parenthetically, it should be noted that the persons mentioned in Art. 1491 of the Civil Code are prohibited from purchasing the property mentioned therein because of their existing trust relationship with the latter. A lawyer is disqualified from acquiring by purchase the property and rights in litigation because of his fiduciary relationship with such property and rights, as well as with the client. And it cannot be claimed that the new Code of Professional Responsibility has failed to emphasize the nature and consequences of such relationship. Canon 17 states that "a lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him." On the other hand, Canon 16 provides that "a lawyer shall hold in trust all moneys and properties of his client that may come into his possession." Hence, notwithstanding the absence of a specific provision on the matter in the new Code, the Court, considering the abovequoted provisions of the new Code in relation to Art. 1491 of the Civil Code, as well as the prevailing jurisprudence, holds that the purchase by a lawyer of his client's property in litigation constitutes a breach of professional ethics for which a disciplinary action may be brought against him. Respondent's next contention that the transfer of the properties was not really implemented, because the land development agreement on which the transfer depended was later rescinded, is untenable. Nowhere is it provided in the Transfer of Rights that the assignment of the properties of the Fortunados to respondent was subject to the implementation of the land development agreement. The last paragraph of the Transfer of Rights provides that: ... for and in consideration of the legal services of ATTY. RAMON A. GONZALES, Filipino, married to Lilia Yusay, and a resident of 23 Sunrise Hill, New Manila, Quezon City, rendered to our entire satisfaction, we hereby, by these presents, do transfer and convey to the said ATTY. RAMON A. GONZALES, his heirs, successor, and assigns, one-half (1/2) of our rights and interests in the abovedescribed property, together with all the improvements found therein [Annex D of the Complaint, Record, p. 28; Emphasis supplied]. It is clear from the foregoing that the parties intended the transfer of the properties to respondent to be absolute and unconditional, and irrespective of whether or not the land development agreement was implemented. Another misconduct committed by respondent was his failure to disclose to complainant, at the time the land development agreement was entered into, that the land covered by TCT No. T-1929 had already been sold at a public auction. The land development agreement was executed on August 31, 1977 while the public auction was held on June 30, 1971. Respondent denies that complainant was his former client, claiming that his appearance for the complainant in an anti-graft case filed by the latter against a certain Gilbert Teodoro was upon the request of complainant and was understood to be only provisional. Respondent claims that since complainant was not his client, he had no duty to warn complainant of the fact that the land involved in their land development agreement had been sold at a public auction. Moreover, the sale was duly annotated at the back of TCT No. T-1929 and this, respondent argues, serves as constructive notice to complainant so that there was no concealment on his part. The above contentions are unmeritorious. Even assuming that the certificate of sale was annotated at the back of TCT No. T-1929, the fact remains that respondent failed to inform the complainant of the sale of the land to Samauna during the negotiations for the land development agreement. In so doing, respondent failed to live up to the rigorous standards of ethics of the law profession which place a premium on honesty and condemn duplicitous conduct. The fact that complainant was not a former client of respondent does not exempt respondent from his duty to inform complainant of an important fact pertaining to the land which is subject of their negotiation. Since he was a party to the land development agreement, respondent should have warned the complainant of the sale of the land at a public auction so that the latter could make a proper assessment of the viability of the project they were jointly undertaking. This Court has held that a lawyer should observe honesty and fairness even in his private dealings and failure to do so is a ground for disciplinary action against him [Custodio v. Esto, Adm. Case No. 1113, February 22, 1978, 81 SCRA 517]. Complainant also charges respondent with submitting to the court falsified documents purporting to be true copies of an addendum to the land development agreement. Based on evidence submitted by the parties, the Solicitor General found that in the document filed by respondent with the Court of First Instance of Quezon City, the signatories to the addendum to the land development agreement namely, Ramon A. Gonzales, Alfaro T. Fortunado, Editha T. Fortunado, Nestor T. Fortunado, and Angel L. Bautistawere made to appear as having signed the original document on December 9, 1972, as indicated by the letters (SGD.) before each of their names. However, it was only respondent Alfaro Fortunado and complainant who signed the original and duplicate original (Exh. 2) and the two other parties, Edith Fortunado and Nestor Fortunado, never did. Even respondent himself admitted that Edith and Nestor Fortunado only signed the xerox copy (Exh. 2-A) after respondent wrote them on May 24, 1973, asking them to sign the said xerox copyattached to the letter and to send it back to him after signing [Rejoinder to Complainant's Reply, pp. 4-6; Rollo, pp. 327-329]. Moreover, respondent acknowledged that Edith and Nestor Fortunado had merely agreed by phone to sign, but had not actually signed, the alleged true copy of the addendum as of May 23, 1973 [Respondent's Supplemental Motion to Refer this Case to the Integrated Bar of the Philippines, p. 16]. Thus, when respondent submitted the alleged true copy of the addendum on May 23, 1973 as Annex "A" of his Manifestation filed with the Court of First Instance of Quezon City, he knowingly misled the Court into believing that the original addendum was signed by Edith Fortunado and Nestor Fortunado. Such conduct constitutes willful disregard of his solemn duty as a lawyer to act at all times in a manner consistent with the truth. A lawyer should never seek to mislead the court by an artifice or false statement of fact or law [Section 20 (d), Rule 138, Revised Rules of Court; Canon 22, Canons of Professional Ethics; Canon 10, Rule 10.01, Code of Professional Responsibility]. Anent the first charge of complainant, the Solicitor General found that no impropriety was committed by respondent in entering into a contingent fee contract with the Fortunados [Report and Recommendation, p. 8; Record, p. 394]. The Court, however, finds that the agreement between the respondent and the Fortunados, which provides in part that: We the [Fortunados] agree on the 50% contingent fee, provided, you [respondent Ramon Gonzales] defray all expenses, for the suit, including court fees. Alfaro T. Fortun ado [signed ] Editha T. Fortun ado [signed ] Nestor T. Fortun ado [signed ] C O N F O R M E Ramon A. Gonzal es [signed ] [Annex A to the Complaint, Record, p. 4]. is contrary to Canon 42 of the Canons of Professional Ethics which provides that a lawyer may not properly agree with a client to pay or bear the expenses of litigation. [See also Rule 16.04, Code of Professional Responsibility]. Although a lawyer may in good faith, advance the expenses of litigation, the same should be subject to reimbursement. The agreement between respondent and the Fortunados, however, does not provide for reimbursement to respondent of litigation expenses paid by him. An agreement whereby an attorney agrees to pay expenses of proceedings to enforce the client's rights is champertous [JBP Holding Corp. v. U.S. 166 F. Supp. 324 (1958)]. Such agreements are against public policy especially where, as in this case, the attorney has agreed to carry on the action at his own expense in consideration of some bargain to have part of the thing in dispute [See Sampliner v. Motion Pictures Patents Co., et al., 255 F. 242 (1918)]. The execution of these contracts violates the fiduciary relationship between the lawyer and his client, for which the former must incur administrative sanctions. The Solicitor General next concludes that respondent cannot be held liable for acting as counsel for Eusebio Lopez, Jr. in Civil Case No. Q-15490 while acting as counsel for the Fortunados against the same Eusebio Lopez, Jr. in Civil Case No. Q-15143. The Court, after considering the record, agrees with the Solicitor General's findings on the matter. The evidence presented by respondent shows that his acceptance of Civil Case No. Q-15490 was with the knowledge and consent of the Fortunados. The affidavit executed by the Fortunados on June 23, 1976 clearly states that they gave their consent when respondent accepted the case of Eusebio Lopez, Jr. [Affidavit of Fortunados, dated June 23, 1976; Rollo, p. 198]. One of the recognized exceptions to the rule against representation of conflicting interests is where the clients knowingly consent to the dual representation after full disclosure of the facts by counsel [Canon 6, Canons of Professional Ethics; Canon 15, Rule 15.03, Code of Professional Responsibility]. Complainant also claims that respondent filed several complaints against him before the Court of First Instance and the Fiscal's Office of Quezon City for the sole purpose of harassing him. The record shows that at the time of the Solicitor General's investigation of this case, Civil Case No. Q-18060 was still pending before the Court of First Instance of Quezon City, while the complaints for libel (I.S. No. 76-5912) and perjury (I.S. No. 5913) were already dismissed by the City Fiscal for insufficiency of evidence and lack of interest, respectively [Report and Recommendation, pp. 16-17; Rollo, pp. 402-403]. The Solicitor General found no basis for holding that the complaints for libel and perjury were used by respondent to harass complainant. As to Civil Case No. Q-18060, considering that it was still pending resolution, the Solicitor General made no finding on complainants claim that it was a mere ploy by respondent to harass him. The determination of the validity of the complaint in Civil Case No. Q-18060 was left to the Court of First Instance of Quezon City where the case was pending resolution. The Court agrees with the above findings of the Solicitor General, and accordingly holds that there is no basis for holding that the respondent's sole purpose in filing the aforementioned cases was to harass complainant. Grounds 6, 8 and 9 alleged in the complaint need not be discussed separately since the above discussion on the other grounds sufficiently cover these remaining grounds. The Court finds clearly established in this case that on four counts the respondent violated the law and the rules governing the conduct of a member of the legal profession. Sworn to assist in the administration of justice and to uphold the rule of law, he has "miserably failed to live up to the standards expected of a member of the Bar." [Artiaga v. Villanueva, Adm. Matter No. 1892, July 29, 1988, 163 SCRA 638, 647]. The Court agrees with the Solicitor General that, considering the nature of the offenses committed by respondent and the facts and circumstances of the case, respondent lawyer should be suspended from the practice of law for a period of six (6) months. WHEREFORE, finding that respondent Attorney Ramon A. Gonzales committed serious misconduct, the Court Resolved to SUSPEND respondent from the practice of law for SIX (6) months effective from the date of his receipt of this Resolution. Let copies of this Resolution be circulated to all courts of the country for their information and guidance, and spread in the personal record of Atty. Gonzales. SO ORDERED.
THIRD DIVISION [G.R. No. 124074. January 27, 1997] RESEARCH and SERVICES REALTY, INC., petitioner, vs. COURT OF APPEALS and MANUEL S. FONACIER, JR., respondents. D E C I S I O N DAVIDE, JR., J .: This petition for review on certiorari under Rule 45 of the Rules of Court questions the propriety of the award for, and the reasonableness of the amount of, attorney's fees granted in favor of the private respondent by the Regional Trial Court (RTC) of Makati City, Branch 64, [1] in Civil Case No. 612, [2] which the Court of Appeals affirmed in its decision [3] of 31 March 1995 in CA-G.R. CV No. 44839. The undisputed facts are as follows: On 3 November 1969, the petitioner entered into a Joint Venture Agreement with Jose, Fidel, and Antonia Carreon. Under the said agreement, the petitioner undertook to develop, subdivide, administer, and promote the sale of the parcels of land owned by the Carreons. The proceeds of the sale of the lots were to be paid to the Philippine National Bank (PNB) for the landowner's mortgage obligation, and the net profits to be shared by the contracting parties on a 50-50 basis. On 4 April 1983, the Carreons and a certain Patricio C. Sarile instituted before the RTC of Makati City an action against the petitioner for rescission of the Joint Venture Agreement. They prayed therein that pending the hearing of the case, a writ of preliminary injunction be issued to enjoin the petitioner from selling the lots subject of the agreement and that after hearing, the writ be made permanent; the agreement be rescinded; and the petitioner be ordered to pay the PNB the stipulated 15% per annum of the outstanding obligation and to pay the plaintiffs attorney's fees, exemplary damages, expenses of litigation, and costs of suit. This case was docketed as Civil Case No. 612 at Branch 64 of the said court. In its answer, which was prepared and signed by Atty. Apolonio G. Reyes, the petitioner sought the denial of the writ of preliminary injunction, the dismissal of the complaint, and payment in its favor of (a) P10 million by way of actual damages; (b) P5 million by way of return to the petitioner of the amount advanced to the Carreons, payments to the PNB, and cost of the work on the subdivision; (c) P100,000.00 by way of exemplary damages; (d) any and all damages up to the amount of P4,638,420.00 which the petitioner may suffer under the terms of its Performance Bond in favor of the National Housing Authority; (e) P50,000.00 as attorney's fees; and (f) costs of suit. On 9 April 1985, the petitioner engaged the services of private respondent Atty. Manuel S. Fonacier, Jr., [4] who then entered his appearance in Civil Case No. 612. While the said case was pending, or on 24 July 1992, the petitioner, without the knowledge of the private respondent, entered into a Memorandum of Agreement (MOA) [5] with another land developer, Filstream International, Inc. (hereinafter Filstream). Under this MOA, the former assigned its rights and obligations under the Joint Venture Agreement in favor of the latter for a consideration of P28 million, payable within twenty-four months. On 31 March 1993, the petitioner terminated the legal services of the private respondent. At the time the petitioner had already received P7 million from Filstream. Upon knowing the existence of the MOA, the private respondent filed in Civil Case No. 612 an Urgent Motion to Direct Payment of Attorney's Fees and/or Register Attorney's Charging Lien praying, among other things, that the petitioner be ordered to pay him the sum of P700,000.00 as his contingent fee in the case. [6]
After hearing the motion, the trial court issued an order dated 11 October 1993 directing the petitioner to pay the private respondent the sum of P600,000.00 as attorney's fees on the basis ofquantum meruit. The trial court justified the award in this manner: Insofar as material to the resolution of this Motion the records of this case show that movant Atty. Fonacier became the counsel of defendant Research in May 1985 while this case has been in progress. (Records, p.770). By this time also, the defendant Research has been enjoined by the Court from executing Contracts To Sell involving Saranay Homes Subdivision . . . . (Order dated December 3, 1984, Records pp. 625- 626). However, the said counsel for defendant Research prepared for the latter various pleadings and represented it in Court (See Records after May 1985). Until his services were terminated the lawyer client relationship between Atty. Fonacier and Research was governed by a "contract" embodied in a letter addressed to Atty. Fonacier on April 19, 1985 [sic], the pertinent portion of which is reproduced below, as follows . . . x x x Soon after said letter, cases were referred to him including this case. In accordance with their agreement, there were instances that Research gave Atty. Fonacier ten (10%) percent of the amount received as the latter's attorney's fees pursuant to their agreement. The instant case in which defendant is praying to be awarded attorney's fees, is an action for rescission of the Joint Venture Agreement between plaintiffs, Patricio Sarile, et al., as owners of a parcel of land and defendant Research & Service Realty, Inc., as developer of the land. At the time Atty. Fonacier entered his appearance as counsel for defendant Research, the Court has issued a preliminary injunction against Research. Thus all developmental and commercial activities of defendant had to stop. In this regard, Atty. Fonacier did spade work towards persuading the plaintiffs to agree to the relaxation of the effects of the injunction to pave the way to a negotiation with a third-party, the Filstream. Atty. Fonancier's efforts were complemented by the efforts of his counterpart in the plaintiff's side. The third-party Filstream Inc., became the assignee of defendant Research. In this connection, a memorandum of agreement was entered into between them. By the terms of agreement, defendant Research will be receiving from the third party Filstream International, Inc. (Filstream) the following amount. . . . x x x The termination of the legal services of Atty. Fonacier was made definite on March 31, 1993 at which time the Memorandum of Agreement which Research entered into with Filstream, Inc., has already been effective. By this time also, defendant Research has already received the first two stipulated consideration of the agreement in the total sum of Six Million (P6,000,000.00). The necessary and legal consequence of said "Memorandum of Agreement" is the termination of the case insofar as plaintiff Patricio Sarile, et al. and defendant Research is concerned. The conclusion of the Memorandum of Agreement insofar as the cause of Research is concerned, is a legal victory for defendant Research. What could have been a loss in investment has been turned to a legal victory. Atty. Fonancier's effort contributed to defendant's victory, albeit outside the Court which would not have been possible without the legal maneuvering of a lawyer. The dismissal of the case before this Court will come in a matter of time considering that plaintiffs, with the assumption by the third party, Filstream Inc., of what were supposed to be the obligations to them of defendant Research pursuant to their Joint Venture Agreement, is no longer interested in pursuing the rescission. It is a matter of record that Atty. Fonacier is the last of the three lawyers who handled this case. Moreover it is Atty. Fonacier who contributed to the forging of the memorandum of agreement as testified to by Atty. Rogel Atienza one of the two retained counsels of plaintiffs. Considering the importance which is attached to this case, certainly it would not be fair for Atty. Fonacier if his attorney's fees in this case would be equated only to the measly monthly allowance of (P800.00) Pesos and office space and other office facilities provided by defendant Research. Ten (10%) per cent of the amount which Research had received from Filstream at the time of the termination of a lawyer-client relationship between Atty. Fonacier and Research or P600,000.00 will be a just and equitable compensation for Atty. Fonancier's legal services, by way of quantum meruit (See Cabildo v. Provincial Treasurer, Ilocos Norte, et al., 54 SCRA 26). [7]
In its Order [8] of 12 January 1994, the trial court denied the petitioner's motion for reconsideration of the above order. The petitioner appealed to the Court of Appeals. In its Appellant's Brief, [9] the petitioner alleged that the private respondent was not entitled to attorney's fees under the retainer contract. Moreover, the private respondent did not exert any effort to amicably settle the case, nor was he even present during the negotiations for the settlement of the same. There was, therefore, no legal and factual justification for the private respondent's "fantastic and unreasonable claim for attorney's fees of P600,000.00." On the other hand, the private respondent asserted that he was assured by the petitioner that non-collection cases were included in the contingent fee arrangement specified in the retainer contract wherein there was to be contingent compensation for any award arising from any lawsuit handled by him. According to him, Civil Case No. 612 was not the only "non-collection" case he handled for the petitioner. There was a "right of way" dispute where the petitioner was awarded P50,000.00, and the latter paid him P5,000.00, or 10% of the award as attorney's fees. He thus stressed that since under the memorandum of agreement the petitioner was to receive P28 million, he should be entitled to 10% thereof or P2.8 million as attorney's fees. In its decision [10] of 31 March 1995, the Court of Appeals affirmed the challenged order of the trial court. It ratiocinated as follows: Movant-appellee, on the other hand, correctly argues that it was the clear intention of appellant and counsel to compensate the latter for any legal services rendered by him to the former. Stated otherwise, it was never the intention of the parties in the instant appeal that counsel's services shall be free or to be rendered ex gratia. xxx It must in addition be underscored that the retainer contract of April 9, 1985 is the law that governs the relationship between appellant and appellee. In fact, the following provisions squarely and categorically supports the award of P600,000.00 to counsel, to wit: Minimal allowance of P800 per month plus contingent fees and collection cases (case to case basis) aside from the attorney's fee recovered from any law suit. (Paragraph 3, Retainer Contract) In an American jurisprudence on this point cited in local annotation on the Canon of Professional Ethics, it was held that "if a lawyer renders valuable services to one who receives the benefits thereof, a promise to pay a reasonable value is presumed, unless such services were intended to be gratuitous" (Young vs. Buere, 78 Cal. Am. 127) In effect, to compensate a lawyer, we are faced with the pivotal question: "was the legal services intended to be free or not?" If it is not free, then, appellant must simply pay. The 10% contingent fee of the amount collected and/or to be collected in Civil Case No. 612 of the lower court, is, to Our mind fair andreasonable. As ruled by the Supreme Court in the case of Cosmopolitan Insurance Co. vs. Angel Reyes (G.R. L- 20199, Nov. 23, 1965) 15% was even deemed reasonable. [11]
The petitioner filed a motion for reconsideration [12] on the ground among other things, that the decision is contrary to the evidence, as the trial court granted the claim for attorney's fees based on quantum meruit, yet, the Court of Appeals granted the same on a contingent basis which it based on an erroneous quotation and comprehension of the following provision of the retainer contract: Minimal allowance of P800.00 per month plus contingent fees on collection cases (case to case basis) aside from the attorney's fees recovered from any law suit. (underscoring ours) [13]
In its decision, the Court of Appeals substituted the word "on" after "contingent fees" with the word "and." Under the aforequoted paragraph, the private respondent was entitled to attorney's fees on contingent basis in collection cases only. In non collection cases, he was entitled only to the attorney's fees that might be recovered in the lawsuit. [14] Since Civil Case No. 612 is not a collection case but an action for rescission of a contract, then the aforequoted paragraph is not applicable as a basis for awarding attorney's fees to the private respondent. [15]
Finding nothing new in the motion for reconsideration, the Court of Appeals denied it in the re-solution [16] of 15 February 1996. The petitioner then came to us via this petition for review wherein it contends that I RESPONDENT COURT OF APPEALS HAD DECIDED THE CASE NOT IN ACCORD WITH LAW AND THE UNDISPUTED FACTS OF THE CASE. II RESPONDENT COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION IN AWARDING ON CONTINGENT BASIS RESPONDENT- APPELLEE'S ATTORNEY'S FEES ON THE BASIS OF A MEMORANDUM OF AGREEMENT IN WHICH HE HAD NO PARTICIPATION IN THE NEGOTIATION AND PREPARATION THEREOF. III RESPONDENT COURT OF APPEALS GRAVELY ABUSED ITS DISCRETION IN AWARDING EXCESSIVE AND UNREASONABLE ATTORNEY'S FEES. IV THE TRIAL COURT AND THE RESPONDENT COURT OF APPEALS HAVE NO JURISDICTION TO SATISFY ATTORNEY'S CHARGING LIEN ON A SUM OF MONEY THAT THE COURT HAD NO AUTHORITY TO DISPOSE OF AND OVER WHICH THE TRIAL COURT HAD MADE NO FINAL ADJUDICATION. The petitioner's more important argument in support of the first error is the Court of Appeals' misquotation of the provision in the retainer contract regarding attorney's fees on contingent basis, which the petitioner had stressed in its motion for reconsideration. The petitioner maintains that under the contract, attorney's fees on contingent basis could only be awarded in collection cases, and Civil Case No. 612 is not a collection case. Hence, the Court of Appeals erred in affirming the award on that basis, while the trial court was correct in applying the principle of quantum meruit. In its second assigned error, the petitioner asserts that the private respondent admitted in his Urgent Motion to Direct Payment of Attorney's Fees and/or Register Attorney's Charging Lien that he had not participated in the negotiations and preparation of the memorandum of agreement, thus: Despite the dishonest concealment, by the light of Providence coupled with a streak of good luck, counsel discovered in the first week of March 1993 that the parties had respectively entered into a meaningful agreement with a third-party as early as July 27, 1992, which in the case of client, case in the form of a "Memorandum of Agreement" (MOA) . . . . [17]
The third assigned error is but a logical consequence of the second, and the petitioner maintains that since the private respondent "did not do anything spectacular or out of the ordinary" in Civil Case No. 612, "except to ask for the suspension or postponement of the proceedings thereof from 1985 to 1993," the P600,000.00 attorney's fees, whether on contingent basis or quantum meruit, is excessive and unreasonable. In the fourth imputed error, the petitioner argues that the memorandum of agreement was never submitted to the trial court, and the trial court never made any disposition or adjudication over the proceeds of the said agreement. What would eventually happen then is the dismissal of Civil Case No. 612, as the trial court itself had intimated in its challenged order. Necessarily then, there would be no money adjudication in favor of the petitioner as the defendant therein. Since such lien is collectible only from an award of money that a court would adjudicate in a judgment rendered in favor of the attorney's client pursuant to Section 37, Rule 138 of the Rules of Court, it would follow that no attorney's charging lien could be validly entered. We uphold the petitioner, but not necessarily on the strength of it arguments. The parties are in agreement that the lawyer-client relationship between the petitioner and the private respondent, Atty. Manuel S. Fonacier, Jr., was governed by a retainer contract dated 9 April 1985. The petitioner's undertakings thereunder are outlined as follows: I. CORPORAT[ION]: 1. Corporation will provide the following: a. Office space airconditioned b. Furnishings, tables, executive chairs, visitor's chair & steel filing cabinet c. Telephone facilities and partial secretarial services. 2. Legal service referrals by the corporation to its clients for additional income of the lawyer. 3. Minimal allowance of P800 per month plus contingent fees on contingent fees on collection cases (case to case basis) aside from the attorney's fees recovered from any lawsuit. 4. That in case of legal problems to be attended to outside Metro Manila and Suburbs, the corporation shall defray expenses for transportation, lodging and other legal expenses incidental in the case. [18]
An analysis of the contract clearly shows that it was a general retainer, since its primary purpose was to secure beforehand the services of the private respondent for any legal problem which might afterward arise. [19] The fixed retaining fee was P800.00 a month. A retaining fee is a preliminary fee paid to ensure and secure a lawyer's future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party and of receiving pay from him. In the absence of an agreement to the contrary, the retaining fee is neither made nor received in consideration of the services contemplated; it is apart from what the client has agreed to pay for the services which he has retained him to perform. [20]
In the retainer contract in question, there was no intention to make the retaining fee as the attorney's fees for the services contemplated. This is evident from the provision allowing additional attorney's fees in collection cases consisting of (1) a "contingent fee" and (2) whatever the petitioner might recover as attorney's fees in each case. The latter could only refer to the attorney's fees which the court might award to the petitioner in appropriate cases. While the contract did not mention non-collection cases, it is, nevertheless, clear therefrom that such cases were not excluded from the retainership, as borne out by the provision requiring the private respondent to "make appearances in Court for cases involving the corporation or any allied cases pertaining to the latter." As to such cases, there was no specific stipulation of additional attorney's fees. Nevertheless, nothing therein shows that the private respondent agreed to render professional service in such cases gratuitously. The absence then of the stipulation of additional attorney's fees cannot be construed as a bar to the collection of additional attorney's fees in non-collection cases. Two basic principles come into play. The first is as stated earlier, viz., that the retaining fee is neither made nor received in consideration of the services contemplated unless the contract itself so provides. The second is that, unless expressly stipulated, rendition of professional services by a lawyer is for a fee or compensation and is not gratuitous. This is implicit from the opening clause of Section 24, Rule 138 of the Rules of Court, which states that "[a]n attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services . . .," and by virtue of the innominate contract of facio ut des (I do and you give), as enunciated by this Court in Corpus v. Court of Appeals, [21] thus: Moreover, the payment of attorney's fees . . . may also be justified by virtue of the innominate contract of facio ut des (I do and you give) which is based on the principle that "no one shall unjustly enrich himself at the expense of another." Innominate contracts have been elevated to a codal provision in the New Civil Code by providing under Article 1307 that such contracts shall be regulated by the stipulations of the parties, by the general provisions or principles of obligations and contracts, by the rules governing the most analogous nominate contracts, and by the customs of the people. The rationale of this article was stated in the 1903 case of Perezvs. Pomar (2 Phil. 682). In Perez v. Pomar, [22] this Court stated: [B]ut whether the plaintiff's services were solicited or whether they were offered to the defendant for his assistance, inasmuch as these services were accepted and made use of by the latter, we must consider that there was a tacit and mutual consent as to the rendition of the services. This gives rise to the obligation upon the person benefited by the services to make compensation therefor, since the bilateral obligation to render service as interpreter, on the one hand, and on the other to pay for the services rendered, is thereby incurred. (Arts. 1088, 1089, and 1262 of the Civil Code). Accordingly, as to non-collection cases where the petitioner was either a plaintiff or a defendant, the private respondent could still collect attorney's fees, apart from his regular retaining fee, on the basis of any-supplemental agreement or, in its absence, under the principle of quantum meruit. There was no such supplemental agreement in this case. We cannot sustain the private respondent's theory that he could collect attorney's fees on contingent basis because in the other "non-collection" cases he handled for the petitioner' he was paid on contingent basis at the rate of 10% of what was awarded to the petitioner. In the first place, Civil Case No. 612 is still unresolved, and no judgment has yet been rendered in favor of the petitioner. The amount in the memorandum of agreement could not be made the basis of a "contingent fee" in the said case for at least three reasons. First, in his own Urgent Motion to Direct Payment of Attorney's Fees and/or Register Attorney's Charging Lien, the private respondent based the contingent fee not only in Civil Case No. 612 but in a "multitude of peripheral cases," and the contingent fee would become due and collectible only if and when the petitioner obtains a judgment in his favor in Civil Case No. 612. The second paragraph of page 3 of the said motion reads as follows: Hence, from May 1985 and continuously thru the years without interruption and surviving a series of no less than five (5) changes of Presiding Judges, the undersigned counsel labored tirelessly in handling the defense of client. In addition to the instant lawsuit, a multitude of peripheral cases, civil, criminal and administrative, arising from the non-delivery of titles by client on fully paid lots in the subdivision project were also filed as a consequence, not only against defendant but also against its President and Chief Executive Officer (CEO). Needless to state, the undersigned was designated to handle majority of these cases for both, where he appeared and conducted trial without any "appearance fees" for more than eight (8) long years solely relying on the contingent fee in case of recovery in the instant main case. [23] (underscoring supplied for emphasis) Second, the amount of P28 million, which Filstream agreed to pay the petitioner, was not a judgment or award in favor of the petitioner in Civil Case No. 612. It was the consideration of the assignment, transfer, and conveyance to Filstream of all the petitioner's "rights, interest and participation embodied and specified in the Joint Venture Agreement (Annex "A") and in all the eight hundred seventy-five (875) parcels of land comprising the SARANAY HOMES subdivision. . . ." The plaintiffs in Civil Case No. 612 were not parties to the memorandum of agreement, and there is no showing that they agreed to the assignment of the petitioner's rights, interest, and participation in the Joint Venture Agreement. While paragraph 10 of the memorandum of agreement provides that the petitioner shall cause to sign a JOINT MOTION TO DISMISS, together with the CARREONS regarding Civil Case No. 612 of the Regional Trial Court of Makati and to further DISMISS, the case filed against PNB docketed as Civil Case No. 6918 of the Regional Trial Court of Makati . . . [and] shall obtain the dismissal of all cases filed by lot buyers against it now pending with the HLURB the fact remains that no such motion to dismiss has been filed yet in Civil Case No. 612, and there is no assurance whatsoever that the plaintiffs therein will sign a joint motion to dismiss. Third, as correctly posited by the petitioner, the private respondent had no participation in the negotiations leading to, and in the preparation of, the memorandum of agreement. Indisputably then, the private respondent's attorney's fee on "contingent basis" in Civil Case No. 612 is unwarranted. If at all, he could only be entitled to attorney's fees on quantum meruitbasis as of the expiration of his retainer contract on 31 March 1993. Quantum meruit simply means "as much as he deserves." [24] In no case, however, must a lawyer be allowed to recover more than what is reasonable pursuant to Section 24, Rule 138 of the Rules of Court, which provides: SEC. 24. Compensation of attorneys, agreement as to fees. An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject-matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. This Court had earlier declared the following as circumstances to be considered in determining the reasonableness of a claim for attorney's fees: (1) the amount and character of the service rendered; (2) labor, time, and trouble involved; (3) the nature and importance of the litigation or business in which the services were rendered; (4) the responsibility imposed; (5) the amount of money or the value of the property affected by the controversy or involved in the employment; (6) the skill and experience called for in the performance of the services; (7) the professional character and social standing of the attorney; (8) the results secured; and (9) whether the fee is absolute or contingent, it being recognized that an attorney may properly charge a much larger fee when it is contingent than when it is not. [25]
Rule 20.1, Canon 20 of the Code of Professional Responsibility enumerates the following factors which should guide a lawyer in determining his fees: (a) The time spent and the extent of the services rendered or required; (b) The novelty and difficulty of the questions involved; (c) The importance of the subject matter; (d) The skill demanded; (e) The probability of losing other employment as a result of acceptance of the proffered case; (f) The customary charges for similar services and the schedule of fees of the IBP Chapter to which he belongs; (g) The amount involved in the controversy and the benefits resulting to the client from the service; (h) The contingency or certainty of compensation; (i) The character of the employment, whether occasional or established; and (j) The professional standing of the lawyer. It was incumbent upon the private respondent to prove the reasonable amount of attorney's fees, taking into account the foregoing factors or circumstances. The records before us and the trial court's 11 October 1993 order do not confirm that the private respondent proved by either testimonial or documentary evidence that the award of P600,000.00 was reasonable. The private respondent's testimony thereon was crucial. Yet, it does not appear from the 11 October 1993 order that he took the witness stand. From the Minutes of the trial court attached to the Rollo of CA-G.R. CV No. 44839, [26] it appears that only Atty. Atienza and Mr. Suazo gave oral testimony on the motion. It necessarily follows then that the 11 October 1993 order has insufficient factual basis, and the trial court committed grave abuse of discretion in arbitrarily fixing the private respondent's attorney's fees at P600,000.00. The affirmance of the said order by the Court of Appeals premised on the provision in the retainer contract regarding contingent fee is thus fatally flawed. The interest for both the petitioner and the private respondent demands that the trial court should conduct further proceedings in Civil Case No. 612 relative to the private respondent's motion for the payment of attorney's fees and, thereafter, fix it in light of Section 24, Rule 138 of the Rules of Court; Rule 20.1, Canon 20 of the Code of Professional Responsibility; and the jurisprudentially established guiding principles in determining attorney's fees on quantum meruit basis. WHEREFORE, the instant petition is GRANTED. The challenged Decision of 31 March 1995 of the Court of Appeals in CA-G.R. CV No. 44839 and the Order of 11 October 1993 of the Regional Trial Court of Makati, Branch 64, in Civil Case No. 612 are hereby SET ASIDE. The trial court is further DIRECTED to set for further hearing the private respondent's Urgent Motion to Direct Payment of Attorney's Fees and/or Register Attorney's Charging Lien and thereafter to fix the private respondent's attorney's fees in Civil Case No. 612 as of 31 March 1993 when his contract with the petitioner was effectively terminated, taking into account Section 24, Rule 138 of the Rules of Court; Rule 20.1, Canon 20 of the Code of Professional Responsibility; and the jurisprudentially established guiding principles in determining attorney's fees on quantum meruit basis. No pronouncement as to costs.
FIRST DIVISION [G.R. No. 123989. January 26, 1998] ATTY. DAVID B. CORPUZ, petitioner, vs. COURT OF APPEALS, and MOVIE AND TELEVISION REVIEW ANDCLASSIFICATION BOARD,respondents. D E C I S I O N DAVIDE, JR., J .: Petitioner Atty. David Corpuz (hereafter CORPUZ) asks us to set aside the 13 October 1995 decision of the Court of Appeals in CA-G.R. SP-No. 37694 [1] which reversed Resolution No. 93-5964 of the Civil Service Commission (CSC), [2] the latter declaring that petitioners separation from the service as Attorney V in the Movie Television Review Board (MTRCB) was not in order and directed that he be automatically restored to his position. The pleadings of the parties, the decision of the Court of Appeals and the Resolution of the CSC disclose the following facts: On 18 July 1986, CORPUZ was appointed as the MTRCBs legal Counsel -- Prosecutor and Investigation Services (Supervising Legal Staff Officer). [3] The appointment was approved by Asst. Regional Director Benita Santos of the CSC-National Capital Region. Subsequently, CORPUZ position was designated Attorney V under the Salary Standardization Law. As MTRCB Legal Counsel, CORPUZ duties included attendance in Board meetings pursuant to then Chairman Moratos memorandum of 11 September 1987. [4]
Sometime in August 1991, the MTRCB passed MTRCB Resolution No. 8-1- 91 [5] entitled An Act To Declare The Appointments Of The Administrative And Subordinate Employees Of This Board As Null And Void. This undated resolution noted that the past and present Chairmen of the MTRCB had failed to submit for approval the appointments of administrative and subordinate employees to the MTRCB before forwarding them to the CSC, in violation of Section 5 of P.D. No. 876-A, and later, P.D. No. 1986. [6] It thus declared: FOR ALL OF THE FOREGOING, this Board, in Session Assembled, hereby declare[s] that ALL the appointments of the present administrative and subordinate employees of this Board suffers [sic] from illegality and therefore [are] considered invalid and of no value and effect ab initio. IT IS THEREFORE RESOLVED, AS IT IS HEREBY RESOLVED BY THIS BOARD, that the Chairman recommend to this Board, the appointment of all or some of the present administrative and subordinate employees of this Board, or new ones, at his initiative, discretion and preference, including the category of the position for which the appointees [are] recommended, within a period of ONE MONTH from the approval of this Resolution; IT IS FURTHER RESOLVED, that in the interregnum, and in order not to disrupt the workings and functions of this Board while this body is awaiting for [sic] the recommendation of the appointments of the old and or new appointees, the present administrative and subordinate employees shall hold on [to] their position[s] in an [sic] holdover capacity. As certified by MTRCB Secretary Vicente G. Sales, [7] Resolution No. 8-1-91 was filed in his office on 1 August 1991, while Resolution No. 10-2-91, a mere reiteration of Resolution No. 8-1-91, was approved by the MTRCB en banc on 9 October 1991. No copy of Resolution No. 10-2-91, however, was found in the records. CORPUZ was unaware of the promulgation of Resolution No. 8-1-91 as he was then on leave. The Resolution was likewise kept secret and it was only on 12 March 1993 that an announcement [8] of its contents was posted by an Ad Hoc Committee on the MTRCB bulletin board. This announcement invited the submission of any information concerning the appointments involved therein to the Committee. It appears, however, that nothing was immediately done to implement Resolution No. 8-1-91. On 14 July 1992, Henrietta S. Mendez was appointed MTRCB Chairman. Thereafter, new members of the Board were likewise appointed with Mendez assuming office in August 1992. At the MTRCB meeting of 19 January 1993, Mendez was informed about Resolution No. 8-1-91. An Ad Hoc Committee composed of MTRCB members was then constituted to look into the appointments extended by former Chairman Morato, as well as the qualifications of the appointees. The Committee then posted on the MTRCB bulletin board the 12 March 1993 announcement mentioned above. Thereafter, the Committee resolved to recommend to the MTRCB the approval of the appointments, except that of CORPUZ and seven others. In a Memorandum [9] dated 28 June 1993, Mendez informed CORPUZ that at the MTRCB regular meeting of 25 June 1993, his appointment was disapproved effective 30 June 1993. None of the parties attached to their pleadings a copy of the MTRCB Resolution disapproving the appointment. On 27 July 1993, CORPUZ and one Larry Rigor filed a complaint with the CSC requesting a formal investigation and hearing. In her comment to the complaint, Mendez stated that she discovered that the appointments extended by Morato were not submitted to the MTRCB for approval pursuant to Section 5(c) of P.D. No. 1986; hence to cure the defect, she submitted the appointments to the MTRCB. On 31 August 1993, the CSC promulgated Resolution No. 93-3509 granting the MTRCB authority to fill up positions vacated in the agency due to appointments which were not submitted to the MTRCB for approval. [10]
However, in Resolution No. 93-5964 [11] dated 23 December 1993, the CSC ruled in favor of CORPUZ, as follows: It must be appreciated that the appointment of Atty. Corpuz was approved by the Commission because it was signed by Mr. Manuel Morato, then Chairman of [the] MTRCB and the duly authorized signatory of MTRCB appointments. All the appointments signed by Mr. Morato in his capacity as MTRCB Chairman are presumed to have been made after complying with all the legal requirements including the Board approval, whether express or implied. The appointment of Atty. Corpuz, if defective, could have been the subject of a direct action for revocation or recall which may be brought to the Commission within a reasonable period of time after its approval Since no such action was filed with the Commission, we can safely state that Corpuz had already acquired security of tenure in the said position. Hence, the Commission can not allow the current Boards disapproval of the said appointment to produce any effect. Atty. Corpuz can no longer be separated from the service except for cause and after observing the requirements of due process. WHEREFORE, foregoing premises considered, the Commission hereby resolves to rule that the separation of Mr. David Corpuz from the service is not in order. Accordingly, he is automatically restored to his position of Atty. V with payment of back salaries. The MTRCBs motion for reconsideration was denied by the CSC in Resolution No. 94-2551 [12] dated 20 June 1994. In the meantime, specifically on 22 August 1994, CORPUZ became a permanent employee of the Ombudsman. [13]
The MTRCB filed with us a special civil action for certiorari which we referred to the Court of Appeals in view of Republic Act No. 7902. [14] The Court of Appeals then docketed the case as CA-G.R. SP No. 37694. In its decision, the Court of Appeals declared null and void Resolution No. 93-5964 of the CSC, ruling that since the appointment of CORPUZ was not approved by the MTRCB, the appointment was invalid and he could not invoke security of tenure. In support of its ruling, the Court of Appeals held: Presidential Decree No. 1986, the law creating the Movie and Television Review and Classification Board, specifically provides as follows: Section 16. Organization Patterns; Personnel. -- The Board shall determine its organizational structure and staffing pattern. It shall have the power to suspend or dismiss for cause any employee and/or approve or disapprove the appointment, transfer or detail of employees. It shall appoint the Secretary of the Board who shall be the official custodian of the records of the meetings of the Board and who shall perform such other duties and functions as directed by the Board. (Underscoring supplied) The record shows that the appointment of respondent Atty. David Corpuz was not approved by the Board, as mandated by Presidential Decree No. 1986, Section 16. The Supreme Court, in a similar case has reiterated the importance of complying with legal requirements for a valid appointment. In Tomali vs. Civil Service Commission (238 SCRA 572), it held: Compliance with the legal requirements for an appointment to a civil service position is essential in order to make it fully effective (Favis vs. Rupisan, 17 SCRA 190, cited in Mitra vs. Subido, 21 SCRA 127). Without the favorable certification or approval of the Commission, in cases when such an approval is required, no title to the office can yet be deemed to be permanent; vested in favor of the appointee, and the appointment can still be recalled or withdrawn by the appointing authority (Grospe vs. Secretary of Public Works and Communication, 105 Phil. 129; Villanueva vs.Balallo, 9 SCRA 407; Suarez vs. Commission on Elections, 20 SCRA 797). Until an appointment has become a completed act, it would likewise be precipitate to invoke the rule of security of tenure (See Aquino vs. Civil Service Commission, 208 SCRA 240; Mitra vs. Subido, 21 SCRA 797). It appearing that respondent Atty. Corpuz appointment was not approved by the Board, the same cannot be considered as [a] valid appointment. As such, he cannot invoke security of tenure, even if he has rendered service for a number of years. Neither would the silence or the failure of the Board to recall the private respondents appointment constitute as a [sic] consent or confirmation. In the aforecited case, the Supreme Court restated the existing jurisprudence on the matter, thus: The tolerance, acquiescence or mistake of the proper officials, resulting in the non-observance of the pertinent rules on the matter does not render the legal requirement, on the necessity of the approval of the Commissioner on Civil Service of appointments, ineffective and unenforceable. The employee, whose appointment was not approved, may only be considered as a de factoofficer. (Tomali vs. Civil Service Commission, supra citing Favis vs. Rupisan, 17 SCRA 190, 191) Thus, We find merit in petitioners contention that respondent Atty. David Corpuz did not acquire a vested right nor does he presently enjoy a [sic] security of tenure to the subject position in the MTRCB for failure to comply with the legal requirements needed for a valid appointment. Hence, he cannot be reinstated. Not being a permanent employee of the Movie and Television Review and Classification Board, the tenure of respondent Atty. Corpuz ceased when he was not properly appointed under present law. His motion for reconsideration having been denied in the Resolution [15] of 13 February 1996, CORPUZ filed the instant petition under Rule 45 of the Rules of Court and asked us to reverse the challenged decision of the Court of Appeals on the sole ground that: THE COURT OF APPEALS ERRED IN RULING THAT THE APPOINTMENT OF PETITIONER ATTY. DAVID B. CORPUZ DID NOT HAVE THE APPROVAL OF THE MTRCB BOARD WHICH IF NOT CORRECTED, IS TANTAMOUNT TO A VIOLATION OF HIS CONSTITUTIONAL RIGHTS TO SECURITY OF TENURE. In his Memorandum, however, CORPUZ explicitly declared that he is no longer seeking reinstatement with respondent MTRCB but for the continuity of his government service from the time he was illegally dismissed on 30 June 1993 up to the time he was permanently employed with the Office of the Ombudsman on 22 August 1994 plus back salaries and other benefits due him if not for the illegal dismissal. [16]
Pursuant to Section 2 of P.D. No. 1986, the MTRCB is composed of a Chairman, a Vice-Chairman and thirty (30) members, all appointed by the President of the Philippines. Section 5 thereof enumerates the following functions, powers and duties of the Chairman as the Chief Executive Officer of the MTRCB, to wit: (a) Execute, implement and enforce the decisions, orders, awards, rules and regulations issued by the BOARD; (b) Direct and supervise the operations and the internal affairs of the BOARD; (c) Establish the internal organization and administrative procedures of the BOARD, and recommend to the BOARD the appointment of the necessary administrative and subordinate personnel; and (d) Exercise such other powers and functions and perform such duties as are not specifically lodged in the BOARD. On the other hand, Section 16 thereof, quoted in the challenged decision of the Court of Appeals, vests upon the Board itself the power to, inter alia, approve or disapprove the appointments of its personnel. It is thus clear that there are two stages in the process of appointing MTRCB personnel, other than its Secretary, namely: (a) recommendation by the Chairman which is accomplished by the signing of the appointment paper, which is among his powers under Section 5(d) above; and (b) approval or disapproval by the MTRCB of the appointment. As to the Secretary, it is the MTRCB itself that is empowered to appoint said official pursuant to Section 16. It is long settled in the law of public offices and officers that where the power of appointment is absolute, and the appointee has been determined upon, no further consent or approval is necessary, and the formal evidence of the appointment, the commission, may issue at once. Where, however, the assent or confirmation of some other officer or body is required, the commission can issue or the appointment may be complete only when such assent or confirmation is obtained. In either case, the appointment becomes complete when the last act required of the appointing power is performed. [17] Until the process is completed, the appointee can claim no vested right in the office nor invoke security of tenure. Hence, in the case of CORPUZ, since the last act required for the completion of his appointment, viz., approval by the MTRCB itself, was not obtained, as a matter of fact, the MTRCB ultimately disapproved it, his appointment ceased to have effect, if at all, and his services were properly terminated. This Court so declared in Favis v. Rupisan [18] where the appointment involved was not approved by the Civil Service Commission pursuant to Section 16(h) of R.A. No. 2260 and Section 2(a) of Rule VI of the Civil Service Rules implementing said law; Taboy v. Court of Appeals [19] and Provincial Board of Cebu v. Presiding Judge of Cebu Court of First Instance [20] where the appointments of subject employees were disapproved by the Provincial Boards pursuant to the powers granted them; in Carillo v. Court of Appeals [21] where the required consent of the municipal council in the appointment of the chief of police was not obtained; and in Tomali v. Civil Service Commission, [22] which the Court of Appeals relied upon, where the required submission to and approval by the Civil Service Commission were not made as required by Section 9(h) of P.D. No. 807 and Section 11, Rule V of the Omnibus Rules Implementing Book V of Executive Order No. 292, otherwise known as the Administrative Code of 1987. In the latter, this Court held that compliance with the legal requirements for an appointment to a civil service position is essential to make it fully effective. That the employee involved had, in fact, assumed office and performed the functions and duties thereof is of no moment, for it matters not that the appointee had served for several years. Those years of service cannot substitute for the want of consent of another body required by law to complete the appointment. The tolerance, acquiescence or mistake of the proper officials resulting in non-observance of the requirements of law or rules to complete the appointment does not render the requirements ineffective and unenforceable. [23]
A public official or employee who assumed office under an incomplete appointment is merely a de facto officer for the duration of his occupancy of the office for the reason that he assumed office under color of a known appointment which is void by reason of some defect or irregularity in its exercise. [24] Undeniably, under the facts here, CORPUZ was such a de facto officer. WHEREFORE, the instant petition is DENIED and the assailed decision of 13 October 1995 of the Court of Appeals in CA-G.R. SP-No.37694 is AFFIRMED. Costs against petitioner. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 152072 January 31, 2006 ROMEO G. ROXAS and SANTIAGO N. PASTOR, Petitioners, vs. ANTONIO DE ZUZUARREGUI, JR., ENRIQUE DE ZUZUARREGUI, PACITA JAVIER, ELIZABETH R. GONZALES, JOSEFINA R. DAZA, ELIAS REYES, NATIVIDAD REYES, TERESITA REYES, JOSE REYES and ANTONIO REYES, Respondents. x----------------------------------x G.R. No. 152104 January 31, 2006 ANTONIO DE ZUZUARREGUI, JR., ENRIQUE DE ZUZUARREGUI, PACITA JAVIER, ELIZABETH R. GONZALES, JOSEFINA R. DAZA, ELIAS REYES, NATIVIDAD REYES, TERESITA REYES, JOSE REYES and ANTONIO REYES, Petitioners, vs. THE NATIONAL HOUSING AUTHORITY, JOSE B. H. PEDROSA, ROMEO G. ROXAS and SANTIAGO N. PASTOR, Respondents. D E C I S I O N CHICO-NAZARIO, J.: Before Us are two petitions for review on certiorari 1 which were consolidated per Resolution 2 of this Court dated 27 November 2002. The petitioners in G.R. No. 152072, Attys. Romeo G. Roxas and Santiago N. Pastor, seek the reversal and annulment of the Decision 3 and Resolution 4 of the Court of Appeals dated 25 June 2001 and 06 February 2002, respectively. The petitioners in G.R. No. 152104, the Zuzuarreguis, on the other hand, pray that the said Decision and Resolution of the Court of Appeals be modified. Said Decision and Resolution reversed and set aside the decision of the Regional Trial Court (RTC), Branch 98, Quezon City, dated 03 January 1994. THE ANTECEDENTS The instant cases had their beginnings in 1977 when the National Housing Authority (NHA) filed expropriation proceedings against the Zuzuarreguis, petitioners in G.R. No. 152104, for parcels of land belonging to the latter situated in Antipolo, Rizal, with a total land area of 1,790,570.36 square meters, more or less. This case was lodged before the RTC, Branch 141, Municipality of Makati, 5 docketed therein as Civil Case No. 26804 entitled, "National Housing Authority v. Pilar Ibaez Vda. De Zuzuarregui, et al." On 25 May 1983, said case was ordered archived 6 by Branch 141. About a month before the aforecited case was ordered archived, the Zuzuarreguis engaged the legal services of Attys. Romeo G. Roxas and Santiago N. Pastor, to represent them in Civil Case No. 26804. This was sealed by a Letter-Agreement dated 22 April 1983, which is partly reproduced hereunder: April 22, 1983 Mr. Antonio de Zuzuarregui, Jr. Mrs. Pacita Javier (as heir to the late Jose de Zuzuarregui) Mr. Antonio de Zuzuarregui ( as heir to the late Pilar Y. vda. De Zuzuarregui) Dear Sir and Madam: This is to confirm in writing our verbal negotiations for us to represent you in the expropriation proceedings filed by the National Housing Authority against your goodselves before the Court of First Instance of Rizal (now the Regional Trial Court) and docketed as Civil Case No. 26804. Our representation shall also include the areas taken over by the Ministry of Public Works and Highways which now formed part of the Marcos Highway at Antipolo, Rizal. The areas affected are the following: x x x x We shall endeavor to secure the just compensation with the National Housing Authority and other governmental agencies at a price of ELEVEN PESOS (P11.00) or more per square meter. Any lower amount shall not entitle us to any attorneys fees. At such price of P11.00 per square meter or more our contingent fee[s] is THIRTY PERCENT (30%) of the just compensation. The other terms and conditions of our proposal are: x x x x 5. You are willing to accept NHA 5-year bonds as part payment up to 75% of the total compensation. In the event of your desire to discount the bonds, we shall assist to have them discounted at 75% of its face value. 6. Our lawyers fees shall be in the proportion of the cash/bonds ratio of the just compensation. Likewise our fees are subject to 10% withholding tax. x x x x Should the above proposal be acceptable to your goodselves, kindly signify your formal acceptance as (sic) the space hereunder provided. Very truly yours, (Sgd.) SANTIAGO N. PASTOR Lawyer (Sgd.) ROMEO G. ROXAS Lawyer CONFORME: (Sgd.) (Sgd.) ANTONIO DE ZUZUARREGUI, JR. PACITA JAVIER In my behalf and
as heir to the late Pilar Y. vda. De Zuzuarregui as heir to the late Jose De Zuzuarregui 7
A Motion to Set Case for Hearing, 8 dated 14 February 1984, was filed by Attys. Roxas and Pastor in Civil Case No. 26804, praying that the case be revived and be set for hearing by the court at the earliest date available in its calendar. The appropriate proceedings thereafter ensued. On 29 October 1984, a Partial Decision was rendered by Branch 141 in Civil Case No. 26804 fixing the just compensation to be paid to the Zuzuarreguis at P30.00 per square meter. The NHA filed a Motion for Reconsideration 9 dated 23 November 1984 praying that the Partial Decision be reconsidered and set aside, and a new one rendered lowering the amount of just compensation in accordance with applicable laws. Pending resolution thereof, a Joint Special Power of Attorney was executed by Antonio De Zuzuarregui, Jr., Enrique De Zuzuarregui and Pacita Javier, in favor of Attys. Roxas and Pastor, viz: JOINT SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That We, ANTONIO DE ZUZUARREGUI, JR., ENRIQUE DE ZUZUARREGUI and PACITA JAVIER, all of legal age, , do hereby appoint, name and constitute ATTYS. ROMEO G. ROXAS and SANTIAGO PASTOR, to be our true and lawful attorneys to act in our names and on our behalves to do and execute all or any of the following acts and deeds subject to our approval: x x x x (2) To represent us in the negotiations for a compromise with the National Housing Authority for our properties subject of the above case; (3) To negotiate for and in our behalves for the settlement of the just compensation of our properties payable in cash or in bonds; (4) To sign and prepare all papers relative to the preparation of a Compromise Agreement or any papers and communications which shall eventually bear our signatures; and (5) That this Special Power of Attorney is enforce (sic) as long as ATTYS. ROMEO G. ROXAS AND SANTIAGO PASTOR are our lawyers in Civil Case No. 26804 before the Regional Trial Court, Makati, Branch CXLI. HEREBY GIVING AND GRANTING unto our said attorneys full power and authority whatsoever requisite or necessary or proper to be done in or about the premises, as fully to all intents and purposes as we might or could lawfully do if personally present, and hereby ratifying and confirming all that our said attorneys shall do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, We have hereunto set our hands this 26th day of August, 1985, in Makati, M. M., Philippines. (Sgd.) ANTONIO DE ZUZUARREGUI, JR.1avvph!l. ne+ (Sgd.) ENRIQUE DE ZUZUARREGUI (Sgd.) PACITA JAVIER 10
On 22 November 1985, a Special Power of Attorney was executed by Beatriz Zuzuarregui vda. De Reyes in favor of Attys. Romeo G. Roxas, Santiago Pastor and Basilio H. Toquero, quoted as follows: SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, BEATRIZ ZUZUARREGUI VDA. DE REYES, Filipino, of legal age, widow, and a resident of E. Rodriguez Ave., Quezon City, Philippines do hereby appoint, name and constitute ATTYS. ROMEO G. ROXAS, SANTIAGO PASTOR and BASILIO H. TOQUERO, to be my true and lawful attorneys : 1. To represent me in the negotiation for a Compromise with the National Housing Authority for my properties subject to my approval in CIVIL CASE No. 26804, entitled "National Housing Authority vs. Pilar Ibaez de Zuzuarregui, et al., before the Regional Trial Court, Makati, Branch CXLI; 2. To negotiate for and in my behalf for the settlement of the just compensation of my properties payable in cash or in bond, subject to my approval; 3. To sign and prepare all papers relative to the preparation of a Compromise Agreement or any papers and communications which shall eventually bear my signature; 4. To accept for and in my behalf payments for my properties after the Compromise Agreement is duly approved by the Court, the actual receipts of which payments shall be signed by me. HEREBY GIVING AND GRANTING unto my said attorneys full power and authority whatsoever requisite, necessary or proper to be done under and by virtue of these presents. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of November 1985, in the City of Manila, Philippines. (Sgd.) BEATRIZ ZUZUARREGUI VDA. DE REYES 11
On 10 December 1985, a Letter-Agreement was executed by and between Antonio Zuzuarregui, Jr., Pacita Javier and Enrique De Zuzuarregui, on the one hand, and Attys. Romeo G. Roxas and Santiago Pastor, on the other. The said Letter-Agreement reads: December 10, 1985 Atty. Romeo G. Roxas Atty. Santiago Pastor Makati Executive Center Salcedo Village, Makati Dear Atty. Roxas & Atty. Pastor: This will confirm an amendment to our agreement regarding your attorneys fees as our lawyers and counsels for the Zuzuarreguis properties expropriated by National Housing Authority covering ONE HUNDRED SEVENTY-NINE (179) HECTARES, more or less, covered by TCT Nos. 138340, 85633 and 85634 and filed as Civil Case No. 26804. We hereby confirm and agree that we are willing to accept as final and complete settlement for our 179 hectares expropriated by NHA a price of SEVENTEEN PESOS (P17.00) per square meter, or for a total of THIRTY MILLION FOUR HUNDRED THOUSAND PESOS (P30.4 Million), all payable in NHA Bonds. We also agree and confirm that for and in consideration of your services as our lawyers and counsels in the said expropriation case, we commit and bind ourselves to pay to you, your heirs or assignees-in-interest, as your contingent attorneys fees any and all amount in excess of the SEVENTEEN PESOS (P17.00) per square meter payable in NHA bonds as mentioned above. This Letter Agreement serves also as your authority to collect directly from NHA the amount pertaining to you as your contingent attorneys fees. This Letter Agreement hereby amends and supersedes our previous agreement regarding your attorneys fees as our lawyers and counsels in the above-mentioned expropriation case. Very truly yours, (Sgd.) ANTONIO DE ZUZUARREGUI, JR. In my behalf as heir to the late Pilar I. vda. de Zuzuarregui (Sgd.)PACITA JAVIER As heir to the late Jose De Zuzuarregui (Sgd.) ENRIQUE DE ZUZUARREGUI CONFORME: (Sgd.)ATTY. ROMEO G. ROXAS (Sgd.)ATTY. SANTIAGO PASTOR 12
Resolution No. 1174 13 dated 16 December 1985 was issued by the NHA stating that the Zuzuarregui property would be acquired at a cost of P19.50 per square meter; that the Zuzuarreguis would be paid in NHA Bonds, subject to the availability of funds; and that the yield on the bonds to be paid to the Zuzuarreguis shall be based on the Central Bank rate at the time of payment. As a result of the aforesaid NHA Resolution, a Compromise Agreement was executed between the Zuzuarreguis and the NHA in Civil Case No. 26804. The Compromise Agreement, stipulated among other things, that the just compensation of the Zuzuarregui properties would be at P19.50 per square meter payable in NHA Bonds. In a Decision dated 20 December 1985, the RTC, Branch 141, Makati, approved the Compromise Agreement submitted by the parties. On 27 December 1985, the NHA Legal Department, through Atty. Jose B. H. Pedrosa, released to Atty. Romeo G. Roxas, in behalf of the Zuzuarreguis, the amount of P20,000,000.00 in NHA Bearer Bonds as "partial payment for several parcels of land with a total area of 1,790,570.36 square meters located in Antipolo, Rizal." 14 On even date, Atty. Romeo G. Roxas delivered NHA Bonds to Antonio De Zuzuarregui in the amount of P15,000,000.00. 15 On 04 February 1986, the amount of P34,500,000.00 in Bearer Bonds was again released by the NHA to Atty. Romeo G. Roxas in behalf of the Zuzuarreguis. 16 On 14 February 1986, the Zuzuarreguis issued a receipt 17 for receiving the amount of P30,070,000.00. This receipt included the P15,000,000.00 given to them last 27 December 1985. Again on 17 February 1986, the Zuzuarreguis, through Beatriz Zuzuarregui vda. De Reyes, issued another receipt for the amount of P450,000.00 in NHA bonds. 18 The total amount in NHA bonds released to Atty. Romeo G. Roxas in behalf of the Zuzuarreguis amounted to P54,500,000.00. Out of this amount, the records show that the amount turned over to the Zuzuarreguis by Atty. Roxas amounted to P30,520,000.00 in NHA bonds. Computed at P19.50 per square meter, the 1,790,570.36 square meters property of the Zuzuarreguis was expropriated at a total price of P34,916,122.00. The total amount released by the NHA was P54,500,000.00. The difference of P19,583,878.00 is, undoubtedly, the yield on the bonds. On 25 August 1987, a letter 19 was sent by the Zuzuarreguis new counsel, Jose F. Gonzalez, to Attys. Roxas and Pastor, demanding that the latter deliver to the Zuzuarreguis the yield corresponding to bonds paid by the NHA within a period of 10 days from receipt, under pain of administrative, civil and/or criminal action. Attys. Roxas and Pastor answered via a letter dated 21 September 1987 explaining their side of the story. They stated therein, among other things, that the amount that they got seems huge from the surface, but it just actually passed their hands, as it did not really go to them. 20
On 29 September 1987, a letter 21 was sent by the Zuzuarreguis through Antonio De Zuzuarregui, Jr., to Attys. Romeo G. Roxas and Santiago N. Pastor, informing the latter that their services as counsels of the Zuzuarreguis (except Betty) in the expropriation proceedings filed by the NHA, docketed as Civil Case No. 26804, was being formally terminated. Apparently unsatisfied with the explanation of Attys. Roxas and Pastor, the Zuzuarreguis filed a civil action for Sum of Money and Damages on 14 November 1989 before the RTC, Quezon City, Branch 98, docketed as Civil Case No. Q-89-4013, against the NHA, Jose B. H. Pedrosa, Atty. Romeo G. Roxas and Atty. Santiago N. Pastor. The Zuzuarreguis demanded that the yield on the NHA bonds be turned over to them. After due hearing, a Decision 22 in Civil Case No. Q-89-4013 was rendered on 03 January 1994, dismissing the Complaint. The dispositive portion reads: WHEREFORE, in view of the foregoing consideration[s], judgment is hereby rendered ordering the dismissal of the complaint against all the defendants; and, further ordering plaintiffs, jointly and solidarily, to: 1. Pay each of the defendants Romeo G. Roxas, Santiago Pastor and Jose B. H. Perdosa, the amount of P200,000.00, P200,000.00 and P100,000.00, respectively, as moral damages; 2. Pay each of the defendants Roxas, Pastor and Pedrosa, the amount of P50,000.00, P50,000.00, and P25,000.00, respectively as exemplary damages; 3. Pay attorneys fees to defendants Roxas and Pastor in the amount of P20,000.00; and 4. Pay the costs of this suit. A Notice of Appeal 23 dated 10 February 1994 was filed by the Zuzuarreguis. Subsequently, on 26 April 1995, the Zuzuarreguis filed their appeal brief with the Court of Appeals. The case was docketed as CA-G.R. CV No. 45732. A Decision 24 was eventually promulgated by the Fifteenth Division of the Court of Appeals on 25 June 2001, reversing and setting aside the ruling of Branch 98, viz: Therefore, We find that the amount of P4,476,426.275 is, in the opinion of this Court, commensurate to the services rendered by defendants-appellees. This amount has been arrived at by giving to defendants-appellees P2.50 per square meter of the 1,790,570.51 square meter expropriated properties of herein plaintiffs-appellants. WHEREFORE, IN VIEW OF THE FOREGOING, the decision dated January 3, 1994 of the Regional Trial Court, National Capital Judicial Region, Branch 98, Quezon City in Civil Case No. 89-4013 entitled "Antonio Zuzuarregui, Jr., et al. versus National Housing Authority, et al." for "Sum of Money and Damages," is hereby REVERSED and SET ASIDE. Defendants-Appellees Roxas and Pastor are hereby ordered to return to plaintiffs-appellants the amount of P12,596,696.425, the balance from the P17,073,122.70, received as yield from NHA bonds after deducting the reasonable attorneys fees in the amount of P4,476,426.275. 25
Attys. Roxas and Pastor filed a Motion for Reconsideration 26 on 25 July 2001. The Zuzuarreguis also filed a Motion for Reconsideration 27 on 30 July 2001, not having been satisfied with the award, while the NHA and Pedrosa filed their Motions for Reconsideration 28 on 03 August 2001. In a Resolution dated 06 February 2002, the Court of Appeals denied for lack of merit all the Motions for Reconsideration. On 05 March 2002, Attys. Roxas and Pastor filed a Petition for Review on Certiorari 29 assailing the Decision of the Court of Appeals, docketed as G.R. No. 152072. Likewise, on 21 March 2002, the Zuzuarreguis filed their own Petition for Review on Certiorari 30 assailing the same Decision, docketed as G.R. No. 152104.1avvph!l.ne+ ASSIGNMENT OF ERRORS Attys. Roxas and Pastor, petitioners in G.R. No. 152072, assign as errors the following: I THE HONORABLE COURT OF APPEALS GRAVELY ERRED ON A QUESTION OF LAW IN HOLDING THAT THE LETTER-AGREEMENT DATED DECEMBER 10, 1985 CANNOT BE ALLOWED TO STAND AS THE LAW BETWEEN THE PARTIES; and II THE HONORABLE COURT OF APPEALS GRAVELY ERRED ON A QUESTION OF LAW IN HOLDING THAT DEFENDANTS-APPELLANTS, HEREIN PETITIONERS, CONCEALED TO THE PLAINTIFFS-APPELLEES, HEREIN RESPONDENTS, THE YIELD OF THE NHA BONDS 31
The Zuzuarreguis, petitioners in G.R. No. 152101, on the other hand, assign as errors the following: I THE COURT OF APPEALS ERRED IN AWARDING TO PETITIONERS THE PRINCIPAL AMOUNT OF ONLY P12,596,696.425 AND NOT P17,073,122.70 MAKING A DIFFERENCE OF P4,476,426.28 II THE RESPONDENTS SHOULD BE HELD LIABLE FOR INTEREST FROM THE DATE OF THE FILING OF THE COMPLAINT UNTIL FULLY PAID III THE RESPONDENTS SHOULD BE HELD LIABE FOR MORAL AND EXEMPLARY DAMAGES AND ATTORNEYS FEES IV THE RESPONDENTS NHA AND JOSE B.H. PEDROSA ARE JOINTLY AND SEVERALLY LIABLE WITH RESPONDENTS ROXAS AND PASTOR 32
ISSUE FOR RESOLUTION Drawn from the above assignment of errors, it is patent that the principal issue that must be addressed by this Court is: WHETHER OR NOT THE LETTER-AGREEMENT DATED 10 DECEMBER 1985, EXECUTED BY THE ZUZUARREGUIS, AND ATTYS. ROXAS AND PASTOR, FIXING THE EXACT AMOUNT THAT MUST GO TO THE FORMER, SHOULD STAND AS LAW BETWEEN THE PARTIES. THE COURTS RULING Attys. Roxas and Pastor, petitioners in G.R. No. 152072, contend in the main that the Zuzuarreguis are only entitled to the amount of P17.00 per square meter for the 1,790,570.36 square meters expropriated by the government. This was, according to them, embodied in the Letter-Agreement dated 10 December 1985, wherein the Zuzuarreguis agreed to accept the price of P17.00 per square meter. Besides, Attys. Roxas and Pastor contend that the price of P17.00 was even way above the P11.00 that the Zuzuarreguis were willing to accept for their properties under the Letter of Engagement executed by the parties earlier on 22 April 1983. Computed atP17.00 per square meter, they stress that the amount that should go to the Zuzuarreguis for their 1,790,570.36 square meters property should be P30,439,696.10, and that in fact the Zuzuarreguis have receivedP30,520,000.00. The Letter-Agreement dated 10 December 1985 should thus stand as law between the parties. Since this Letter-Agreement, which was "as plain and simple as can be such that there is no need for any further construction," already fixed the amount that would go to the Zuzuarreguis (P17.00 per square meter), then it should be so. Attys. Roxas and Pastor further assert that the receipts issued by the Zuzuarreguis dated 14 February 1986 and 17 February 1986 indicated that the amounts received by the latter were in "full and final payment" for the subject properties. The NHA, for its part, insists that there was no conspiracy between Attys. Roxas and Pastor on the one hand, and the NHA and Atty. Pedrosa on the other, on the application of yields from NHA bonds. 33 The Zuzuarreguis, according to the NHA, "miserably failed to substantiate and establish conspiracy" between them. The Zuzuarreguis, for their part, though they were triumphant in the Court of Appeals, insist that the amounts awarded them were not enough. According to them, the P12,596,696.425 awarded by the Court of Appeals was not correct. They should have been awarded the amount of P17,073,122.70. Quoting the Zuzuarreguis: Respondents Roxas and Pastor retained for themselves the amount of P3,980,000.00 which represented the agreed attorneys fees of Roxas and Pastor at P2.50 per square meter. The amount of P20,000,000.00 representing the yield of all the bearer bonds was, in the words of the Court of Appeals, "deliberately hidden" by respondents Roxas and Pastor from petitioners. By mathematical computation, the P20,000,000.00 yield should be proportionately divided at the ratio of P17.00 (petitioners) and P2.50 (share of respondents Roxas and Pastor). Following this ratio of division, of the P20,000,000.00 yield, P17,073,122.70 should pertain to petitioners and the balance of P2,926,877.30 to respondents Roxas and Pastor. Add this amount to the total of P3,980,000.00 at the agreed rate of P2.50 per square meter, the total attorneys fees of respondents Roxas and Pastor should be P6,906,877.30, not bad, again in the words of the Court of Appeals, for handling "a simple expropriation case which ended up in a compromise agreement." It was, therefore, in error to still deduct the amount of P4,476,426.28 from petitioners share in the yield in the amount of P17,073,122.70 leaving then only P12,596,696.42. What was done, however, is that the product of 1,790,570.36 sq m. (area of the expropriated land of petitioners) and P2.50 which is 4,476,426.28 was again deducted from the P17,073,122.70 which is the corresponding share of the petitioners out of the total yield of P20,000,000.00. If this were a criminal case, petitioners were being sentenced twice for the same offense. 34
The Zuzuarreguis further insist that legal interest on the amount of P17,073,122.70 be imposed from the date of the filing of the complaint, including moral and exemplary damages, and attorneys fees. We sustain the Court of Appeals, but with modification in the computation. A contract is a meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. 35 Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. 36
Under Article 1318 of the Civil Code, there are three essential requisites which must concur in order to give rise to a binding contract: (1) consent of the contracting parties; (2) object certain which is the subject matter of the contract; and (3) cause of the obligation which is established. 37
All these requisites were present in the execution of the Letter-Agreement. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. 38 The Zuzuarreguis, in entering into the Letter-Agreement, fully gave their consent thereto. In fact, it was them (the Zuzuarreguis) who sent the said letter to Attys. Roxas and Pastor, for the purpose of confirming all the matters which they had agreed upon previously. There is absolutely no evidence to show that anybody was forced into entering into the Letter-Agreement. Verily, its existence, due execution and contents were admitted by the Zuzuarreguis themselves. 39
The second requisite is the object certain. The objects in this case are twofold. One is the money that will go to the Zuzuarreguis (P17.00 per square meter), and two, the money that will go to Attys. Roxas and Pastor (any and all amount in excess of P17.00 per square meter). There was certainty as to the amount that will go to the Zuzuarreguis, and there was likewise certainty as to what amount will go to Attys. Roxas and Pastor. The cause is the legal service that was provided by Attys. Roxas and Pastor. In general, cause is the why of the contract or the essential reason which moves the contracting parties to enter into the contract. 40
It is basic that a contract is the law between the parties. 41 Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Unless the stipulations in a contract are contrary to law, morals, good customs, public order or public policy, the same are binding as between the parties. 42
In Licudan v. Court of Appeals, 43 we did not allow the Contract for Professional Services between the counsel and his client to stand as the law between them as the stipulation for the lawyers compensation was unconscionable and unreasonable. We said: Although the Contract for Professional Services dated August 30, 1979 was apparently voluntarily signed by the late Aurelio Licudan for himself and on behalf of his daughter, petitioner Cristina Licudan-Campos and by the petitioner Wilfredo Licudan who both manifested in open court that they gave their free and willing consent to the said contract, we cannot allow the said contract to stand as the law between the parties involved considering that the rule that in the presence of a contract for professional services duly executed by the parties thereto, the same becomes the law between the said parties is not absolute but admits an exception that the stipulations therein are not contrary to law, good morals, good customs, public policy or public order. 44
Under the contract in question, Attys. Roxas and Pastor are to receive contingent fees 45 for their professional services. It is a deeply-rooted rule that contingent fees are not per se prohibited by law. They are sanctioned by Canon 13 of the Canons of Professional Ethics, viz: 13. Contingent Fees. A contract for contingent fee, where sanctioned by law, should be reasonable under all the circumstances of the case including the risk and uncertainty of the compensation, but should always be subject to the supervision of a court, as to its reasonableness. and Canon 20, Rule 20.01 of the Code of Professional Responsibility, 46 viz: CANON 20 A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. Rule 20.01. A lawyer shall be guided by the following factors in determining his fees: (a) The time spent and the extent of the services rendered or required; (b) The novelty and difficulty of the question involved; (c) The importance of the subject matter; (d) The skill demanded; (e) The probability of losing other employment as a result of acceptance of the proffered case; (f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; (g) The amount involved in the controversy and the benefits resulting to the client from the service; (h) The contingency or certainty of compensation; (i) The character of the employment, whether occasional or established; and (j) The professional standing of the lawyer. However, in cases where contingent fees are sanctioned by law, the same should be reasonable under all the circumstances of the case, and should always be subject to the supervision of a court, as to its reasonableness, 47 such that under Canon 20 of the Code of Professional Responsibility, a lawyer is tasked to charge only fair and reasonable fees. Indubitably entwined with the lawyers duty to charge only reasonable fees is the power of this Court to reduce the amount of attorneys fees if the same is excessive and unconscionable. 48 Thus, Section 24, Rule 138 of the Rules of Court partly states: SEC. 24. Compensation of attorneys; agreement as to fees. An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. x x x. A written contract for services shall control the amount to be paid therefore unless found by the court to be unconscionable or unreasonable. Attorneys fees are unconscionable if they affront ones sense of justice, decency or reasonableness. 49 It becomes axiomatic therefore, that power to determine the reasonableness or the, unconscionable character of attorney's fees stipulated by the parties is a matter falling within the regulatory prerogative of the courts. 50
In the instant case, Attys. Roxas and Pastor received an amount which was equal to forty-four percent (44%) of the just compensation paid (including the yield on the bonds) by the NHA to the Zuzuarreguis, or an amount equivalent to P23,980,000.00 of the P54,500,000.00. Considering that there was no full blown hearing in the expropriation case, ending as it did in a Compromise Agreement, the 44% is, undeniably, unconscionable and excessive under the circumstances. Its reduction is, therefore, in order. This is in accordance with our ruling in the earlier case of Tanhueco v. De Dumo 51 , where we reduced the amount of attorneys fees from sixty percent (60%) to fifteen percent (15%), for being excessive and unreasonable. It is imperative that the contingent fees received by Attys. Roxas and Pastor must be equitably reduced. In the opinion of this Court, the yield that corresponds to the percentage share of the Zuzuarreguis in the P19.50 per square meter just compensation paid by the NHA must be returned by Attys. Roxas and Pastor.1avvph!l. ne+ The yield on the NHA bonds amounted to P19,583,878.00. This amount must therefore be divided between the Zuzuarreguis, on the one hand, and Attys. Roxas and Pastor, on the other. The division must be pro rata. The amount of P17.00 that should go to the Zuzuarreguis represents 87.18% of the P19.50 per square meter just compensation, The P2.50 per square meter that was to go to Attys. Roxas and Pastor, on the other hand, represents 12.82%. The Zuzuarreguis are entitled to the yield equal to 87.18% of the P19,583,878.00, while Attys. Roxas and Pastor are entitled to 12.82% of said amount. The amount corresponding to 87.17% of P19,583,878.00 is P17,073,224.84. This is the yield that the Zuzuarreguis are entitled to. Attys. Roxas and Pastor, on the other hand, are entitled to P2,510,653.16. Attys. Roxas and Pastor, in the opinion of this Court, were not shortchanged for their efforts for they would still be earning or actually earned attorneys fees in the amount of P6,987,078.75 (P4,476,425.59 + P2,510,653.16). The amount of P17,073,224.84 must therefore be returned by Attys. Roxas and Pastor to the Zuzuarreguis. They can take this out from the yield in the amount of P19,583,878.00 which they have appropriated for themselves. On the issue of moral and exemplary damages, we cannot award the same for there was no direct showing of bad faith on the part of Attys. Roxas and Pastor, for as we said earlier, contingency fees are not per se prohibited by law. It is only necessary that it be reduced when excessive and unconscionable, which we have already done. We likewise cannot hold the NHA and Atty. Pedrosa jointly and severally liable to the Zuzuarreguis for there is no evidence to show conspiracy between them. WHEREFORE, in view of all the foregoing considerations, the Decision and Resolution of the Court of Appeals dated 25 June 2001 and 06 February 2002, respectively, are AFFIRMED but with the MODIFICATION that Attys. Romeo G. Roxas and Santiago N. Pastor are hereby ordered to return to the Zuzuarreguis the amount of P17,073,224.84. No costs. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-961 September 21, 1949 BLANDINA GAMBOA HILADO, petitioner, vs. JOSE GUTIERREZ DAVID, VICENTE J. FRANCISCO, JACOB ASSAD and SELIM JACOB ASSAD, respondents. Delgado, Dizon and Flores for petitioner. Vicente J. Francisco for respondents. TUASON, J .: It appears that on April 23, 1945, Blandina Gamboa Hilado brought an action against Selim Jacob Assad to annul the sale of several houses and lot executed during the Japanese occupation by Mrs. Hilado's now deceased husband. On May 14, Attorneys Ohnick, Velilla and Balonkita filed an answer on behalf of the defendant; and on June 15, Attorneys Delgado, Dizon, Flores and Rodrigo registered their appearance as counsel for the plaintiff. On October 5, these attorneys filed an amended complaint by including Jacob Assad as party defendant. On January 28, 1946, Attorney Francisco entered his appearance as attorney of record for the defendant in substitution for Attorney Ohnick, Velilla and Balonkita who had withdrawn from the case. On May 29, Attorney Dizon, in the name of his firm, wrote Attorney Francisco urging him to discontinue representing the defendants on the ground that their client had consulted with him about her case, on which occasion, it was alleged, "she turned over the papers" to Attorney Francisco, and the latter sent her a written opinion. Not receiving any answer to this suggestion, Attorney Delgado, Dizon, Flores and Rodrigo on June 3, 1946, filed a formal motion with the court, wherein the case was and is pending, to disqualify Attorney Francisco. Attorney Francisco's letter to plaintiff, mentioned above and identified as Exhibit A, is in full as follows: VICENTE J. FRANCISCO Attorney-at-Law 1462 Estrada, Manila July 13, 1945. Mrs. Blandina Gamboa Hilado Manila, Philippines My dear Mrs. Hilado: From the papers you submitted to me in connection with civil case No. 70075 of the Court of First Instance of Manila, entitled "Blandina Gamboa Hilado vs. S. J. Assad," I find that the basic facts which brought about the controversy between you and the defendant therein are as follows: (a) That you were the equitable owner of the property described in the complaint, as the same was purchased and/or built with funds exclusively belonging to you, that is to say, the houses and lot pertained to your paraphernal estate; (b) That on May 3, 1943, the legal title to the property was with your husband, Mr. Serafin P. Hilado; and (c) That the property was sold by Mr. Hilado without your knowledge on the aforesaid date of May 3, 1943. Upon the foregoing facts, I am of the opinion that your action against Mr. Assad will not ordinarily prosper. Mr. Assad had the right to presume that your husband had the legal right to dispose of the property as the transfer certificate of title was in his name. Moreover, the price of P110,000 in Japanese military notes, as of May 3, 1943, does not quite strike me as so grossly inadequate as to warrant the annulment of the sale. I believe, lastly, that the transaction cannot be avoided merely because it was made during the Japanese occupation, nor on the simple allegation that the real purchaser was not a citizen of the Philippines. On his last point, furthermore, I expect that you will have great difficulty in proving that the real purchaser was other than Mr. Assad, considering that death has already sealed your husband's lips and he cannot now testify as to the circumstances of the sale. For the foregoing reasons, I regret to advise you that I cannot appear in the proceedings in your behalf. The records of the case you loaned to me are herewith returned. Yours very truly, (Sgd.) VICENTE J. FRANCISCO VJF/Rag. In his answer to plaintiff's attorneys' complaint, Attorney Francisco alleged that about May, 1945, a real estate broker came to his office in connection with the legal separation of a woman who had been deserted by her husband, and also told him (Francisco) that there was a pending suit brought by Mrs. Hilado against a certain Syrian to annul the sale of a real estate which the deceased Serafin Hilado had made to the Syrian during the Japanese occupation; that this woman asked him if he was willing to accept the case if the Syrian should give it to him; that he told the woman that the sales of real property during the Japanese regime were valid even though it was paid for in Japanese military notes; that this being his opinion, he told his visitor he would have no objection to defending the Syrian; That one month afterwards, Mrs. Hilado came to see him about a suit she had instituted against a certain Syrian to annul the conveyance of a real estate which her husband had made; that according to her the case was in the hands of Attorneys Delgado and Dizon, but she wanted to take it away from them; that as he had known the plaintiff's deceased husband he did not hesitate to tell her frankly that hers was a lost case for the same reason he had told the broker; that Mrs. Hilado retorted that the basis of her action was not that the money paid her husband was Japanese military notes, but that the premises were her private and exclusive property; that she requested him to read the complaint to be convinced that this was the theory of her suit; that he then asked Mrs. Hilado if there was a Torrens title to the property and she answered yes, in the name of her husband; that he told Mrs. Hilado that if the property was registered in her husband's favor, her case would not prosper either; That some days afterward, upon arrival at his law office on Estrada street, he was informed by Attorney Federico Agrava, his assistant, that Mrs. Hilado had dropped in looking for him and that when he, Agrava, learned that Mrs. Hilado's visit concerned legal matters he attended to her and requested her to leave the "expediente" which she was carrying, and she did; that he told Attorney Agrava that the firm should not handle Mrs. Hilado's case and he should return the papers, calling Agrava's attention to what he (Francisco) already had said to Mrs. Hilado; That several days later, the stenographer in his law office, Teofilo Ragodon, showed him a letter which had been dictated in English by Mr. Agrava, returning the "expedients" to Mrs. Hilado; that Ragodon told him (Attorney Francisco) upon Attorney Agrava's request that Agrava thought it more proper to explain to Mrs. Hilado the reasons why her case was rejected; that he forthwith signed the letter without reading it and without keeping it for a minute in his possession; that he never saw Mrs. Hilado since their last meeting until she talked to him at the Manila Hotel about a proposed extrajudicial settlement of the case; That in January, 1946, Assad was in his office to request him to handle his case stating that his American lawyer had gone to the States and left the case in the hands of other attorneys; that he accepted the retainer and on January 28, 1946, entered his appearance. Attorney Francisco filed an affidavit of stenographer Ragodon in corroboration of his answer. The judge trying the case, Honorable Jose Gutierrez David, later promoted to the Court of Appeals, dismissed the complaint. His Honor believed that no information other than that already alleged in plaintiff's complaint in the main cause was conveyed to Attorney Francisco, and concluded that the intercourse between the plaintiff and the respondent did not attain the point of creating the relation of attorney and client. Stripped of disputed details and collateral matters, this much is undoubted: That Attorney Francisco's law firm mailed to the plaintiff a written opinion over his signature on the merits of her case; that this opinion was reached on the basis of papers she had submitted at his office; that Mrs. Hilado's purpose in submitting those papers was to secure Attorney Francisco's professional services. Granting the facts to be no more than these, we agree with petitioner's counsel that the relation of attorney and client between Attorney Francisco and Mrs. Hilado ensued. The following rules accord with the ethics of the legal profession and meet with our approval: In order to constitute the relation (of attorney and client) a professional one and not merely one of principal and agent, the attorneys must be employed either to give advice upon a legal point, to prosecute or defend an action in court of justice, or to prepare and draft, in legal form such papers as deeds, bills, contracts and the like. (Atkinson vs. Howlett, 11 Ky. Law Rep. (abstract), 364; cited in Vol. 88, A. L. R., p. 6.) To constitute professional employment it is not essential that the client should have employed the attorney professionally on any previous occasion. . . . It is not necessary that any retainer should have been paid, promised, or charged for; neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was had. If a person, in respect to his business affairs or troubles of any kind, consults with his attorney in his professional capacity with the view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces in such consultation, then the professional employment must be regarded as established. . . . (5 Jones Commentaries on Evidence, pp. 4118-4119.) An attorney is employed-that is, he is engaged in his professional capacity as a lawyer or counselor-when he is listening to his client's preliminary statement of his case, or when he is giving advice thereon, just as truly as when he is drawing his client's pleadings, or advocating his client's cause in open court. (Denver Tramway Co. vs. Owens, 20 Colo., 107; 36 P., 848.) Formality is not an essential element of the employment of an attorney. The contract may be express or implied and it is sufficient that the advice and assistance of the attorney is sought and received, in matters pertinent to his profession. An acceptance of the relation is implied on the part of the attorney from his acting in behalf of his client in pursuance of a request by the latter. (7 C. J. S., 848-849; see Hirach Bros. and Co. vs. R. E. Kennington Co., 88 A. L. R., 1.) Section 26 (e), Rule 123 of the Rules of Court provides that "an attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment;" and section 19 (e) of Rule 127 imposes upon an attorney the duty "to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client." There is no law or provision in the Rules of Court prohibiting attorneys in express terms from acting on behalf of both parties to a controversy whose interests are opposed to each other, but such prohibition is necessarily implied in the injunctions above quoted. (In re De la Rosa, 27 Phil., 258.) In fact the prohibition derives validity from sources higher than written laws and rules. As has been aptly said in In re Merron, 22 N. M., 252, L.R.A., 1917B, 378, "information so received is sacred to the employment to which it pertains," and "to permit it to be used in the interest of another, or, worse still, in the interest of the adverse party, is to strike at the element of confidence which lies at the basis of, and affords the essential security in, the relation of attorney and client." That only copies of pleadings already filed in court were furnished to Attorney Agrava and that, this being so, no secret communication was transmitted to him by the plaintiff, would not vary the situation even if we should discard Mrs. Hilado's statement that other papers, personal and private in character, were turned in by her. Precedents are at hand to support the doctrine that the mere relation of attorney and client ought to preclude the attorney from accepting the opposite party's retainer in the same litigation regardless of what information was received by him from his first client. The principle which forbids an attorney who has been engaged to represent a client from thereafter appearing on behalf of the client's opponent applies equally even though during the continuance of the employment nothing of a confidential nature was revealed to the attorney by the client. (Christian vs. Waialua Agricultural Co., 30 Hawaii, 553, Footnote 7, C. J. S., 828.) Where it appeared that an attorney, representing one party in litigation, had formerly represented the adverse party with respect to the same matter involved in the litigation, the court need not inquire as to how much knowledge the attorney acquired from his former during that relationship, before refusing to permit the attorney to represent the adverse party. (Brown vs. Miller, 52 App. D. C. 330; 286, F. 994.) In order that a court may prevent an attorney from appearing against a former client, it is unnecessary that the ascertain in detail the extent to which the former client's affairs might have a bearing on the matters involved in the subsequent litigation on the attorney's knowledge thereof. (Boyd vs. Second Judicial Dist. Court, 274 P., 7; 51 Nev., 264.) This rule has been so strictly that it has been held an attorney, on terminating his employment, cannot thereafter act as counsel against his client in the same general matter, even though, while acting for his former client, he acquired no knowledge which could operate to his client's disadvantage in the subsequent adverse employment. (Pierce vs. Palmer [1910], 31 R. I., 432; 77 Atl., 201, Ann. Cas., 1912S, 181.) Communications between attorney and client are, in a great number of litigations, a complicated affair, consisting of entangled relevant and irrelevant, secret and well known facts. In the complexity of what is said in the course of the dealings between an attorney and a client, inquiry of the nature suggested would lead to the revelation, in advance of the trial, of other matters that might only further prejudice the complainant's cause. And the theory would be productive of other un salutary results. To make the passing of confidential communication a condition precedent; i.e., to make the employment conditioned on the scope and character of the knowledge acquired by an attorney in determining his right to change sides, would not enhance the freedom of litigants, which is to be sedulously fostered, to consult with lawyers upon what they believe are their rights in litigation. The condition would of necessity call for an investigation of what information the attorney has received and in what way it is or it is not in conflict with his new position. Litigants would in consequence be wary in going to an attorney, lest by an unfortunate turn of the proceedings, if an investigation be held, the court should accept the attorney's inaccurate version of the facts that came to him. "Now the abstinence from seeking legal advice in a good cause is by hypothesis an evil which is fatal to the administration of justice." (John H. Wigmore's Evidence, 1923, Section 2285, 2290, 2291.) Hence the necessity of setting down the existence of the bare relationship of attorney and client as the yardstick for testing incompatibility of interests. This stern rule is designed not alone to prevent the dishonest practitioner from fraudulent conduct, but as well to protect the honest lawyer from unfounded suspicion of unprofessional practice. (Strong vs. Int. Bldg., etc.; Ass'n, 183 Ill., 97; 47 L.R.A., 792.) It is founded on principles of public policy, on good taste. As has been said in another case, the question is not necessarily one of the rights of the parties, but as to whether the attorney has adhered to proper professional standard. With these thoughts in mind, it behooves attorneys, like Caesar's wife, not only to keep inviolate the client's confidence, but also to avoid the appearance of treachery and double-dealing. Only thus can litigants be encouraged to entrust their secrets to their attorneys which is of paramount importance in the administration of justice. So without impugning respondent's good faith, we nevertheless can not sanction his taking up the cause of the adversary of the party who had sought and obtained legal advice from his firm; this, not necessarily to prevent any injustice to the plaintiff but to keep above reproach the honor and integrity of the courts and of the bar. Without condemning the respondents conduct as dishonest, corrupt, or fraudulent, we do believe that upon the admitted facts it is highly in expedient. It had the tendency to bring the profession, of which he is a distinguished member, "into public disrepute and suspicion and undermine the integrity of justice." There is in legal practice what called "retaining fee," the purpose of which stems from the realization that the attorney is disabled from acting as counsel for the other side after he has given professional advice to the opposite party, even if he should decline to perform the contemplated services on behalf of the latter. It is to prevent undue hardship on the attorney resulting from the rigid observance of the rule that a separate and independent fee for consultation and advice was conceived and authorized. "A retaining fee is a preliminary fee given to an attorney or counsel to insure and secure his future services, and induce him to act for the client. It is intended to remunerate counsel for being deprived, by being retained by one party, of the opportunity of rendering services to the other and of receiving pay from him, and the payment of such fee, in the absence of an express understanding to the contrary, is neither made nor received in payment of the services contemplated; its payment has no relation to the obligation of the client to pay his attorney for the services which he has retained him to perform." (7 C.J.S., 1019.) The defense that Attorney Agrava wrote the letter Exhibit A and that Attorney Francisco did not take the trouble of reading it, would not take the case out of the interdiction. If this letter was written under the circumstances explained by Attorney Francisco and he was unaware of its contents, the fact remains that his firm did give Mrs. Hilado a formal professional advice from which, as heretofore demonstrated, emerged the relation of attorney and client. This letter binds and estop him in the same manner and to the same degree as if he personally had written it. An information obtained from a client by a member or assistant of a law firm is information imparted to the firm. (6 C. J., 628; 7 C. J. S., 986.) This is not a mere fiction or an arbitrary rule; for such member or assistant, as in our case, not only acts in the name and interest of the firm, but his information, by the nature of his connection with the firm is available to his associates or employers. The rule is all the more to be adhered to where, as in the present instance, the opinion was actually signed by the head of the firm and carries his initials intended to convey the impression that it was dictated by him personally. No progress could be hoped for in "the public policy that the client in consulting his legal adviser ought to be free from apprehension of disclosure of his confidence," if the prohibition were not extended to the attorney's partners, employers or assistants. The fact that petitioner did not object until after four months had passed from the date Attorney Francisco first appeared for the defendants does not operate as a waiver of her right to ask for his disqualification. In one case, objection to the appearance of an attorney was allowed even on appeal as a ground for reversal of the judgment. In that case, in which throughout the conduct of the cause in the court below the attorney had been suffered so to act without objection, the court said: "We are all of the one mind, that the right of the appellee to make his objection has not lapsed by reason of failure to make it sooner; that professional confidence once reposed can never be divested by expiration of professional employment." (Nickels vs. Griffin, 1 Wash. Terr., 374, 321 A. L. R. 1316.) The complaint that petitioner's remedy is by appeal and not by certiorari deserves scant attention. The courts have summary jurisdiction to protect the rights of the parties and the public from any conduct of attorneys prejudicial to the administration of the justice. The summary jurisdiction of the courts over attorneys is not confined to requiring them to pay over money collected by them but embraces authority to compel them to do whatever specific acts may be incumbent upon them in their capacity of attorneys to perform. The courts from the general principles of equity and policy, will always look into the dealings between attorneys and clients and guard the latter from any undue consequences resulting from a situation in which they may stand unequal. The courts acts on the same principles whether the undertaking is to appear, or, for that matter, not to appear, to answer declaration, etc. (6 C.J., 718 C.J.S., 1005.) This summary remedy against attorneys flows from the facts that they are officers of the court where they practice, forming a part of the machinery of the law for the administration of justice and as such subject to the disciplinary authority of the courts and to its orders and directions with respect to their relations to the court as well as to their clients. (Charest vs. Bishop, 137 Minn., 102; 162, N.W., 1062, Note 26, 7 C. J. S., 1007.) Attorney stand on the same footing as sheriffs and other court officers in respect of matters just mentioned. We conclude therefore that the motion for disqualification should be allowed. It is so ordered, without costs.
Republic of the Philippines SUPREME COURT Manila FIRST DIVISION A.C. No. 7023 March 30, 2006 BUN SIONG YAO, Complainant, vs. ATTY. LEONARDO A. AURELIO, Respondent. D E C I S I O N YNARES-SANTIAGO, J .: On November 11, 2004, a complaint-affidavit 1 was filed against Atty. Leonardo A. Aurelio by Bun Siong Yao before the Integrated Bar of the Philippines (IBP) seeking for his disbarment for alleged violations of the Code of Professional Responsibility. The complainant alleged that since 1987 he retained the services of respondent as his personal lawyer; that respondent is a stockholder and the retained counsel of Solar Farms & Livelihood Corporation and Solar Textile Finishing Corporation of which complainant is a majority stockholder; that complainant purchased several parcels of land using his personal funds but were registered in the name of the corporations upon the advice of respondent; that respondent, who was also the brother in-law of complainants wife, had in 1999 a disagreement with the latter and thereafter respondent demanded the return of his investment in the corporations but when complainant refused to pay, he filed eight charges for estafa and falsification of commercial documents against the complainant and his wife and the other officers of the corporation; that respondent also filed a complaint against complainant for alleged non-compliance with the reportorial requirements of the Securities and Exchange Commission (SEC) with the Office of the City Prosecutor of Mandaluyong City and another complaint with the Office of the City Prosecutor of Malabon City for alleged violation of Section 75 of the Corporation Code; that respondent also filed a similar complaint before the Office of the City Prosecutor of San Jose Del Monte, Bulacan. Complainant alleged that the series of suits filed against him and his wife is a form of harassment and constitutes an abuse of the confidential information which respondent obtained by virtue of his employment as counsel. Complainant argued that respondent is guilty of representing conflicting interests when he filed several suits not only against the complainant and the other officers of the corporation, but also against the two corporations of which he is both a stockholder and retained counsel. Respondent claimed that he handled several labor cases in behalf of Solar Textile Finishing Corporation; that the funds used to purchase several parcels of land were not the personal funds of complainant but pertain to Solar Farms & Livelihood Corporation; that since 1999 he was no longer the counsel for complainant or Solar Textile Finishing Corporation; that he never used any confidential information in pursuing the criminal cases he filed but only used those information which he obtained by virtue of his being a stockholder. He further alleged that his requests for copies of the financial statements were ignored by the complainant and his wife hence he was constrained to file criminal complaints for estafa thru concealment of documents; that when he was furnished copies of the financial statements, he discovered that several parcels of land were not included in the balance sheet of the corporations; that the financial statements indicated that the corporations suffered losses when in fact it paid cash dividends to its stockholders, hence, he filed additional complaints for falsification of commercial documents and violation of reportorial requirements of the SEC. On July 19, 2005, the Investigating Commissioner 2 submitted a Report and Recommendation 3 finding that from 1987 up to 1999, respondent had been the personal lawyer of the complainant and incorporator and counsel of Solar Farms & Livelihood Corporation. However, in 1999 complainant discontinued availing of the services of respondent in view of the admission of his (complainants) son to the bar; he also discontinued paying dividends to respondent and even concealed from him the corporations financial statements which compelled the respondent to file the multiple criminal and civil cases in the exercise of his rights as a stockholder. The investigating commissioner further noted that respondent is guilty of forum shopping when he filed identical charges against the complainant before the Office of the City Prosecutor of Malabon City and in the Office of the City Prosecutor of San Jose del Monte, Bulacan. It was also observed that respondent was remiss in his duty as counsel and incorporator of both corporations for failing to advise the officers of the corporation, which he was incidentally a member of the Board of Directors, to comply with the reportorial requirements of the SEC and the Bureau of Internal Revenue. Instead, he filed cases against his clients, thereby representing conflicting interests. The investigating commissioner recommended that respondent be suspended from the practice of law for a period of six months 4 which was adopted and approved by the IBP Board of Governors. We agree with the findings and recommendation of the IBP. We find that the professional relationship between the complainant and the respondent is more extensive than his protestations that he only handled isolated labor cases for the complainants corporations. Aside from being the brother-in-law of complainants wife, it appears that even before the inception of the companies, respondent was already providing legal services to the complainant, thus: COMM. NAVARRO: Was there a formal designation or you where only called upon to do so? ATTY. AURELIO: Well, I understand in order to show to the employees that they have labor lawyer and at that time I went to the office at least half day every week but that was cut short. And so when there are cases that crop-up involving labor then they called me up. x x x x ATTY. OLEDAN: Will counsel deny that he was the personal lawyer of the complainant long before he joined the company? ATTY. AURELIO: Yes, with respect to the boundary dispute between his land and his neighbor but the subject matter of all the cases I filed they all revolved around the Financial Statement of the 2 corporations. I never devolves any information with respect to labor cases and the MERALCO case with respect to boundary dispute, nothing I used. ATTY. OLEDAN: Was he not also the lawyer at that time of complainant when he incorporated the second corporation in 1992? ATTY. AURELIO: Well, I was the one submitted the corporate papers and I think after that I have nothing to do with the SEC requirements regarding this corporation. Just to submit the incorporation papers to the SEC and anyway they have already done that before. They have already created or established the first corporation way back before the second corporation started and there was no instance where I dealt with the Financial Statement of the corporation with respect to its filing with the SEC. ATTY. OLEDAN: My only question is whether he incorporated and therefore was aware of the corporate matters involving Solar Farms? ATTY. AURELIO: As a stockholder Im aware. ATTY. OLEDAN: As a lawyer? ATTY. AURELIO: Well, as a stockholder Im aware. x x x x ATTY. OLEDAN: You are not the one who filed. ATTY. AURELIO: I was the one who filed the corporate paper but thats all the participation I had with respect to the requirement of the SEC with respect to the corporation. COMM. NAVARRO: So, you acted as legal counsel of the corporation even before the initial stage of the incorporation? ATTY. AURELIO: There are two (2) corporations involving in this case, Your Honor, and the first was I think Solar Textile and this was. COMM. NAVARRO: You were already the legal counsel? ATTY. AURELIO: No, this was created before I became a stockholder. COMM. NAVARRO: Who was then the legal counsel before of Solar? MR. YAO: Siya pa rin pero hindi pa siya stockholder. ATTY. OLEDAN: Because, Your Honor, he happens to be the brother-in-law of the wife of the complainant and he is the husband of the wife of her sister so thats why he was (inaudible) other legal matters even before the corporation that was formed and he became also a stockholder and in fact he charge the corporation certain amounts for professional service rendered it is part of the Resolution of the Office of the City Prosecutor of Malabon as annex to the complaint so he cannot say that he only presented, that he only filed the papers at SEC and aside from that when the corporation, the Solar Farms was already formed and the property which he is now questioning was purchased by complainant. He was the one who negotiated with the buyer, he was always with the complainant and precisely acted as complainants personal lawyer. The truth of the matter he is questioning the boundary and in fact complainant had survey conducted in said parcel of land which he bought with the assistance and legal advice of respondent and in fact complainant gave him only a copy of that survey. Him alone. And he used this particular copy to insists that this property allegedly belong to the corporation when in truth and in fact he was fully aware that it was the complainants personal funds that were used to pay for the whole area and this was supported by the stockholders who admitted that they were aware that the parcel of land which he claims does not appear in the Financial Statement of the corporation was purchased by the complainant subject to reimbursement by the Board and should the corporation finally have sufficient fund to cover the payment advance by complainant then the property will be transferred to the corporation. All of these facts he was privy to it, Your Honor, so he cannot say that and he is also a stockholder but the fact is, prior to the incorporation and during the negotiation he was the personal counsel of the complainant. 5
It appears that the parties relationship was not just professional, but they are also related by affinity. The disagreement between complainants wife and the respondent affected their professional relationship. Complainants refusal to disclose certain financial records prompted respondent to retaliate by filing several suits. It is essential to note that the relationship between an attorney and his client is a fiduciary one. 6 Canon 17 of the Code of Professional Responsibility provides that a lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed on him. The long- established rule is that an attorney is not permitted to disclose communications made to him in his professional character by a client, unless the latter consents. This obligation to preserve the confidences and secrets of a client arises at the inception of their relationship. The protection given to the client is perpetual and does not cease with the termination of the litigation, nor is it affected 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. 7
Notwithstanding the veracity of his allegations, respondents act of filing multiple suits on similar causes of action in different venues constitutes forum-shopping, as correctly found by the investigating commissioner. This highlights his motives rather than his cause of action. Respondent took advantage of his being a lawyer in order to get back at the complainant. In doing so, he has inevitably utilized information he has obtained from his dealings with complainant and complainants companies for his own end. Lawyers must conduct themselves, especially in their dealings with their clients and the public at large, with honesty and integrity in a manner beyond reproach. 8 Lawyers cannot be allowed to exploit their profession for the purpose of exacting vengeance or as a tool for instigating hostility against any personmost especially against a client or former client. As we stated in Marcelo v. Javier, Sr.: 9
A lawyer shall at all times uphold the integrity and dignity of the legal profession. The trust and confidence necessarily reposed by clients require in the attorney a high standard and appreciation of his duty to his clients, his profession, the courts and the public. The bar should maintain a high standard of legal proficiency as well as of honesty and fair dealing. Generally speaking, a lawyer can do honor to the legal profession by faithfully performing his duties to society, to the bar, to the courts and to his clients. To this end, nothing should be done by any member of the legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the profession. 10 (Emphasis supplied) In sum, we find that respondent's actuations amount to a breach of his duty to uphold good faith and fairness, sufficient to warrant the imposition of disciplinary sanction against him. WHEREFORE, respondent Atty. Leonardo A. Aurelio is ordered SUSPENDED from the practice of law for a period of SIX (6) MONTHS effective upon receipt of this Decision. Let a copy of this Decision be furnished the Office of the Bar Confidant and the Integrated Bar of the Philippines. The Court Administrator is directed to circulate this order of suspension to all courts in the country. SO ORDERED.
FIRST DIVISION
LETICIA GONZALES, A.C. No. 6836 Complainant, Present:
PANGANIBAN, C.J., Chairman, YNARES-SANTIAGO, - versus - AUSTRIA-MARTINEZ, CALLEJO, and CHICO-NAZARIO, JJ.
Promulgated: ATTY. MARCELINO CABUCANA, Respondent. January 23, 2006
Before this Court is a complaint filed by Leticia Gonzales (Gonzales) praying that Atty. Marcelino Cabucana, (respondent) be disbarred for representing conflicting interests.
On January 8, 2004, Gonzales filed a petition before the Integrated Bar of the Philippines (IBP) alleging that: she was the complainant in a case for sum of money and damages filed before the Municipal Trial Court in Cities (MTCC) of Santiago City, docketed as Civil Case No. 1-567 where she was represented by the law firm CABUCANA, CABUCANA, DE GUZMAN AND CABUCANA LAW OFFICE, with Atty. Edmar Cabucana handling the case and herein respondent as an associate/partner; on February 26, 2001, a decision was rendered in the civil case ordering the losing party to pay Gonzales the amount of P17,310.00 with interest and P6,000.00 as attorneys fees; Sheriff Romeo Gatcheco, failed to fully implement the writ of execution issued in connection with the judgment which prompted Gonzales to file a complaint against the said sheriff with this Court; in September 2003, Sheriff Gatcheco and his wife went to the house of Gonzales; they harassed Gonzales and asked her to execute an affidavit of desistance regarding her complaint before this Court; Gonzales thereafter filed against the Gatchecos criminal cases for trespass, grave threats, grave oral defamation, simple coercion and unjust vexation; notwithstanding the pendency of Civil Case No. 1-567, where respondents law firm was still representing Gonzales, herein respondent represented the Gatchecos in the cases filed by Gonzales against the said spouses; respondent should be disbarred from the practice of law since respondents acceptance of the cases of the Gatchecos violates the lawyer-client relationship between complainant and respondents law firm and renders respondent liable under the Code of Professional Responsibility (CPR) particularly Rules 10.01, [1] 13.01, [2] 15.02, [3] 15.03, [4] 21.01 [5] and 21.02. [6]
On January 9, 2004, the IBP-Commission on Bar Discipline ordered Atty. Marcelino Cabucana, Jr. to submit his Answer to the complaint. [7]
In his Answer, respondent averred: He never appeared and represented complainant in Civil Case No. 1-567 since it was his brother, Atty. Edmar Cabucana who appeared and represented Gonzales in said case. He admitted that he is representing Sheriff Gatcheco and his wife in the cases filed against them but claimed that his appearance is pro bono and that the spouses pleaded with him as no other counsel was willing to take their case. He entered his appearance in good faith and opted to represent the spouses rather than leave them defenseless. When the Gatchecos asked for his assistance, the spouses said that the cases filed against them by Gonzales were merely instigated by a high ranking official who wanted to get even with them for their refusal to testify in favor of the said official in another case. At first, respondent declined to serve as counsel of the spouses as he too did not want to incur the ire of the high-ranking official, but after realizing that he would be abdicating a sworn duty to delay no man for money or malice, respondent entered his appearance as defense counsel of the spouses free of any charge. Not long after, the present complaint was crafted against respondent which shows that respondent is now the subject of a demolition job. The civil case filed by Gonzales where respondents brother served as counsel is different and distinct from the criminal cases filed by complainant against the Gatcheco spouses, thus, he did not violate any canon on legal ethics. [8]
Gonzales filed a Reply contending that the civil case handled by respondents brother is closely connected with the cases of the Gatchecos which the respondent is handling; that the claim of respondent that he is handling the cases of the spouses pro bono is not true since he has his own agenda in offering his services to the spouses; and that the allegation that she is filing the cases against the spouses because she is being used by a powerful person is not true since she filed the said cases out of her own free will. [9]
The Commission on Bar Discipline of the IBP sent to the parties a Notice of Mandatory Conference dated March 1, 2004. [10] On the scheduled conference, only a representative of complainant appeared. [11] Commissioner Demaree Raval of the IBP-CBD then directed both parties to file their respective verified position papers. [12]
Complainant filed a Memorandum reiterating her earlier assertions and added that respondent prepared and notarized counter-affidavits of the Gatcheco spouses; that the high-ranking official referred to by respondent is Judge Ruben Plata and the accusations of respondent against the said judge is an attack against a brother in the profession which is a violation of the CPR; and that respondent continues to use the name of De Guzman in their law firm despite the fact that said partner has already been appointed as Assistant Prosecutor of Santiago City, again in violation of the CPR. [13]
Respondent filed his Position Paper restating his allegations in his Answer. [14]
On August 23, 2004, Commissioner Wilfredo E.J.E. Reyes issued an Order notifying both parties to appear before his office on October 28, 2004 for a clarificatory question regarding said case. [15] On the said date, only respondent appeared [16] presenting a sworn affidavit executed by Gonzales withdrawing her complaint against respondent. It reads:
SINUMPAANG SALAYSAY TUNGKOL SA PAG-UURONG NG DEMANDA
Ako, si LETICIA GONZALES, nasa tamang edad, Pilipino, may asawa, at nakatira sa Barangay Dubinan East, Santiago City, makaraang manumpa ayon sa batas ay nagsasabing:
Ako ang nagdedemanda o petitioner sa CBD Case No. 04-1186 na may pamagat na Leticia Gonzales versus Atty. Marcelino C. Cabucana, Jr. na kasalukuyang nahaharap sa Commission on Bar Discipline ng Integrated Bar of the Philippines
Ang pagkakahain ng naturang demanda ay nag-ugat sa di-pagkakaintindihan na namamagitan sa akin at nina Mr. and Mrs. Romeo and Anita Gatcheco.
Dahil sa aking galit sa naturang mag-asawa, idinawit ko si Atty. Marcelino C. Cabucana, Jr. sa sigalot na namamagitan sa akin at sa mag-asawang Gatcheco, gayong nalalaman ko na siAtty. Marcelino C. Cabucana ay walang nalalaman sa naturang di pagkakaintindihan.
Makaraang pag-isipang mabuti ang paghain ko ng demanda kontra kay Atty. Marcelino C. Cabucana, Jr., nakumbinsi ako na ang pagdedemanda ko kay Atty. Marcelino C. Cabucana, Jr.ay isang malaking pagkakamali dahil siya ay walang kinalalaman (sic) sa di pagkakaintindihan naming(sic) ng mag-asawang Gatcheco.
Si Atty. Marcelino C. Cabucana, Jr. ay di ko rin naging abogado sa Civil Case No. 1- 567 (MTCC Br. I Santiago City) na inihain ko kontra kay Eduardo Mangano.
Nais kong ituwid ang lahat kung kayat aking iniuurong ang naturang kasong inihain ko kontra kay Atty. Marcelino C. Cabucana, Jr. at dahil dito ay hindi na ako interesado pang ituloy and naturang kaso, at aking hinihiling sa kinauukulan na dismisin na ang naturang kaso.
Ginawa ko ang sinumpaang salaysay na ito upang patotohanan sa lahat ng nakasaad dito. [17]
Commissioner Reyes issued an Order dated October 28, 2004 requiring Gonzales to appear before him on November 25, 2004, to affirm her statements and to be subject to clarificatory questioning. [18] However, none of the parties appeared. [19] On February 17, 2005, only respondent was present. Commissioner Reyes then considered the case as submitted for resolution. [20]
On February 24, 2005, Commissioner Reyes submitted his Report and Recommendation, portions of which are quoted hereunder:
The Undersigned Commissioner believes that the respondent made a mistake in the acceptance of the administrative case of Romeo Gatcheco, however, the Commission (sic) believes that there was no malice and bad faith in the said acceptance and this can be shown by the move of the complainant to unilaterally withdraw the case which she filed against Atty. Marcelino C. Cabucana, Jr. However, Atty. Cabucana is reminded to be more careful in the acceptance of cases as conflict of interests might arise.
It is respectfully recommended that Atty. Marcelino C. Cabucana, Jr. (be) sternly warned and reprimanded andadvised to be more circumspect and careful in accepting cases which might result in conflict of interests. [21]
On June 25, 2005, a Resolution was passed by the Board of Governors of the IBP, to wit:
RESOLUTION NO. XVI-2005-153 CBD CASE NO. 03-1186 Leticia Gonzales vs. Atty. Marcelino Cabucana, Jr.
RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution as Annex A; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and considering that respondent made (a) mistake in the acceptance of the administrative case of Romeo Gatcheco, Atty. Marcelino Cabucana, Jr. is hereby WARNED and REPRIMANDED and advised to be more circumspect and careful in accepting cases which might result in conflict of interests. [22]
Before going to the merits, let it be clarified that contrary to the report of Commissioner Reyes, respondent did not only represent the Gatcheco spouses in the administrative case filed by Gonzales against them. As respondent himself narrated in his Position Paper, he likewise acted as their counsel in the criminal cases filed by Gonzales against them. [23]
With that settled, we find respondent guilty of violating Rule 15.03 of Canon 15 of the Code of Professional Responsibility, to wit:
Rule 15.03 A lawyer shall not represent conflicting interest except by written consent of all concerned given after a full disclosure of the facts.
It is well-settled that a lawyer is barred from representing conflicting interests except by written consent of all concerned given after a full disclosure of the facts. [24] Such prohibition is founded on principles of public policy and good taste as the nature of the lawyer-client relations is one of trust and confidence of the highest degree. [25] Lawyers are expected not only to keep inviolate the clients confidence, but also to avoid the appearance of treachery 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 justice. [26]
One of the tests of inconsistency of interests is whether the acceptance of a new relation would prevent the full discharge of the lawyers duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-dealing in the performance of that duty. [27]
As we expounded in the recent case of Quiambao vs. Bamba, [28]
The proscription against representation of conflicting interests applies to a situation where the opposing parties are present clients in the same action or in an unrelated action. It is of no moment that the lawyer would not be called upon to contend for one client that which the lawyer has to oppose for the other client, or that there would be no occasion to use the confidential information acquired from one to the disadvantage of the other as the two actions are wholly unrelated. It is enough that the opposing parties in one case, one of whom would lose the suit, are present clients and the nature or conditions of the lawyers respective retainers with each of them would affect the performance of the duty of undivided fidelity to both clients. [29]
The claim of respondent that there is no conflict of interests in this case, as the civil case handled by their law firm where Gonzales is the complainant and the criminal cases filed by Gonzales against the Gatcheco spouses are not related, has no merit. The representation of opposing clients in said cases, though unrelated, constitutes conflict of interests or, at the very least, invites suspicion of double-dealing which this Court cannot allow. [30]
Respondent further argued that it was his brother who represented Gonzales in the civil case and not him, thus, there could be no conflict of interests. We do not agree. As respondent admitted, it was their law firm which represented Gonzales in the civil case. Such being the case, the rule against representing conflicting interests applies.
As we explained in the case of Hilado vs. David: [31]
[W]e can not sanction his taking up the cause of the adversary of the party who had sought and obtained legal advice from his firm; this, not necessarily to prevent any injustice to the plaintiff but to keep above reproach the honor and integrity of the courts and of the bar. Without condemning the respondents conduct as dishonest, corrupt, or fraudulent, we do believe that upon the admitted facts it is highly inexpedient. It had the tendency to bring the profession, of which he is a distinguished member, into public disrepute and suspicion and undermine the integrity of justice. [32]
The claim of respondent that he acted in good faith and with honest intention will also not exculpate him as such claim does not render the prohibition inoperative. [33]
In the same manner, his claim that he could not turn down the spouses as no other lawyer is willing to take their case cannot prosper as it is settled that while there may be instances where lawyers cannot decline representation they cannot be made to labor under conflict of interest between a present client and a prospective one. [34] Granting also that there really was no other lawyer who could handle the spouses case other than him, still he should have observed the requirements laid down by the rules by conferring with the prospective client to ascertain as soon as practicable whether the matter would involve a conflict with another client then seek the written consent of all concerned after a full disclosure of the facts. [35] These respondent failed to do thus exposing himself to the charge of double-dealing.
We note the affidavit of desistance filed by Gonzales. However, we are not bound by such desistance as the present case involves public interest. [36]
Indeed, the Courts exercise of its power to take cognizance of administrative cases against lawyers is not for the purpose of enforcing civil remedies between parties, but to protect the court and the public against an attorney guilty of unworthy practices in his profession. [37]
In similar cases where the respondent was found guilty of representing conflicting interests a penalty ranging from one to three years suspension was imposed. [38]
We shall consider however as mitigating circumstances the fact that he is representing the Gatcheco spouses pro bono and that it was his firm and not respondent personally, which handled the civil case of Gonzales. As recounted by complainant herself, Atty. Edmar Cabucana signed the civil case of complainant by stating first the name of the law firm CABUCANA, CABUCANA, DE GUZMAN AND CABUCANA LAW OFFICE, under which, his name and signature appear; while herein respondent signed the pleadings for the Gatcheco spouses only with his name, [39] without any mention of the law firm. We also note the observation of the IBP Commissioner Reyes that there was no malice and bad faith in respondents acceptance of the Gatchecos cases as shown by the move of complainant to withdraw the case.
Thus, for violation of Rule 15.03, Canon 15 of the Code of Professional Responsibility and taking into consideration the aforementioned mitigating circumstances, we impose the penalty of fine of P2,000.00.
WHEREFORE, Resolution No. XVI-2005-153 of the Integrated Bar of the Philippines is APPROVED with MODIFICATION that respondent Atty. Marcelino Cabucana, Jr. is FINED the amount of Two Thousand Pesos (P2,000.00) with a STERN WARNING that a commission of the same or similar act in the future shall be dealt with more severely.
SO ORDERED.
FIRST DIVISION [A.C. No. 4215. May 21, 2001] FELICISIMO M. MONTANO, complainant, vs. INTEGRATED BAR of the PHILIPPINES AND Atty. JUAN S. DEALCA, respondents. R E S O L U T I O N KAPUNAN, J .: In a verified complaint filed before this Court on March 9, 1994, complainant Felicisimo M. Montano charged Atty. Juan Dealca with misconduct and prays that he be sternly dealt wit administratively. The complaint [1] is summarized as follows: 1. On November 14, 1992, the complainant hired the services of Atty. Juan S. Dealca as his counsel in collaboration with Atty. Ronando L. Gerona in a case pending before the Court of Appeals docketed as CA-G.R. CV No. 37467 wherein the complainant was the plaintiff-appellant. 2. The parties agreed upon attorneys fees in the amount of P15,000.00, fifty percent (50%) of which was payable upon acceptance of the case and the remaining balance upon the termination of the case. Accordingly, complainant paid respondent the amount of P7,500.00 representing 50% of the attorneys fee. 3. Thereafter, even before the respondent counsel had prepared the appellants brief and contrary to their agreement that the remaining balance be payable after the termination of the case, Atty. Dealca demanded an additional payment from complainant. Complainant obliged by paying the amount of P4,000.00. 4. Prior to the filing of the appellants brief, respondent counsel again demand payment of the remaining balance of 3,500.00. When complainant was unable to do so, respondent lawyer withdrew his appearance as complainants counsel without his prior knowledge and/or conformity. Returning the case folder to the complainant, respondent counsel attached a Note dated February 28, 1993, [2] stating: 28 February 1994 Pepe and Del Montano, For breaking your promise, since you do not want to fulfill your end of the bargain, heres your reward: Henceforth, you lawyer for yourselves. Here are your papers. Johnny Complainant claimed that such conduct by respondent counsel exceeded the ethical standards of the law profession and prays that the latter be sternly dealt with administratively. Complainant later on filed motions praying for the imposition of the maximum penalty of disbarment. After respondent counsel filed his comment on the complaint, the Court in the Resolution of August 1, 1994, referred the case to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation. The Investigating Commissioner found respondent counsel guilty of unprofessional conduct and recommended that he be severely reprimanded. However, in a Resolution [3] by the IBP Board of Governors on July 26, 1997, it was resolved that the penalty recommended by the Investigating Commissioner meted to respondent by amended to three (3) months suspension from the practice of law for having been found guilty of misconduct, which eroded the public confidence regarding his duty as a lawyer. Respondent counsel sought reconsideration of the aforementioned resolution of the IBP, alleging that the latter misapprehended the facts and that, in any case, he did not deserve the penalty imposed. The true facts, according to him, are the following: 1. Complainant is being represented by Atty. Ronando L. Gerona in his case on appeal; 2. Due to the ailment of Atty. Geronas daughter, he could not prepare and submit complainants appellants brief on time; 3. Complainant went to the respondent to do just that, i.e., prepare and submit his appellants brief on time at the agreed fee of P15,000.00, 50% down and 50% upon its completion; 4. Working overtime, respondent was able to finish the appellants brief ahead of its deadline, so he advised the complainant about its completion with the request that the remaining balance of P7,500.00 be paid. Complainant paid P4,000.00 only, promising to pay the P3,500.00 tomorrow or on later particular date. Please take note that, at this juncture, there was already a breach of the agreement on complainants part. 5. When that tomorrow or on a later particular date came, respondent, thru a messenger, requested the complainant to pay the P3,500.00 as promised but word was sent that he will again pay tomorrow or on later date. This promise-non-payment cycle went on repeatedly until the last day of the filing of the brief. Please take note again that it was not the respondent but the complainant who sets the date when he will pay, yet fails to pay as promised; 6. Even without being paid completely, respondent, of his own free will and accord, filed complainants brief on time; 7. After the brief was filed, respondent tried to collect from the complainant the remaining balance of P3,500.00, but the latter made himself scarce. As the records would show, such P3,500.00 remains unpaid until now; 8. Sensing that something was amiss, respondent sent the February 28, 1993 note and case folder to the complainant, hoping that the latter would see personally the former about it to settle the matter between them; 9. However, instead of seeing the respondent, complainant filed this case; 10. Respondent was constrained to file his withdrawal with the Court of Appeals because of this case to avoid further misunderstanding since he was the one who signed the appellants brief although Atty. Gerona was his counsel of record. Such withdrawal was accordingly granted by the appellate court; xxx xxx xxx. [4]
Respondent counsel further averred that complainants refusal to pay the agreed lawyers fees, measly as it was, was deliberate and in bad faith; hence, his withdrawal as counsel was just, ethical and proper. Respondent counsel concluded that not only was the penalty of suspension harsh for his act of merely trying to collect payment for his services rendered, but it indirectly would punish his family since he was the sole breadwinner with children in school and his wife terminally ill with cancer. In its Resolution No. XIII-97-129 dated October 25, 1997, the IBP denied Atty. Dealcas motion for reconsideration, to wit: xxx RESOLVED TO DENY Atty. Dealcas Motion For Reconsideration of the Boards Decision in the above-entitled case there being no substantive reason to reverse the finding therein. Moreover, the motion is improperly laid the remedy of the respondent is to file the appropriate pleading with the Supreme Court within fifteen (15) days from receipt of notice of said Decision pursuant to Sec. 12 [c] of Rule 139- B. [5]
On December 10, 1997, this Court noted the following pleadings filed in the present complaint, (a) notice and a copy of Resolution No. XII-97-154 dated July 26, 1997 of the Integrated Bar of the Philippines amending the recommendation of the Investigating Commissioner of reprimand to three (3) months suspension of respondent from the practice of law for having been found guilty of misconduct which eroded the public confidence regarding his duty as a lawyer; (b) complainants motion for praying for the imposition of the maximum penalty of disbarment; (c) motion dated September 15, 1997 of respondent for reconsideration of the aforesaid resolution of July 26, 1997; (d) comment/opposition of respondent praying that the motion for the imposition of the maximum penalty be denied; (e) comment of complainant praying that the penalty of three (3) months suspension for the practice of law as recommended by the Integrated Bar of the Philippines pursuant to Resolution No. XII-97-154 be raised to a heavier penalty; (f) comment/manifestation/opposition of complainant praying that the respondent be disbarred; and (g) rejoinder of respondent praying that this case be dismissed for being baseless. [6]
and referred the same to the IBP for evaluation and report. In compliance therewith, on March 28, 1998, the IBP issued Resolution No. XIII- 98-42 referring the above-entitled case to Commissioner Vibar for evaluation, report and recommendation in view of the Motion for Reconsideration granted by the Supreme Court. The Investigating Commissioner, after referring the case, recommended that his original recommendation of the imposition of the penalty of reprimand be maintained, noting that respondent counsel had served the IBP well as President of the Sorsogon Chapter. [7] Accordingly, on February 23, 1999, the IBP Board of Governors, issued the following resolution: RESOLUTION NO. XIII-99-48
xxx RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution/Decision as Annex A; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, the Motion for Reconsideration be granted and that the penalty ofREPRIMAND earlier recommended by the Investigating Commissioner be imposed on Atty. Juan S. Dealca. [8]
Complainant asked the IBP to reconsider the foregoing resolution but the motion was denied. [9]
On April 10, 2000, complainant filed with this Court a petition for review on certiorari in connection with Administrative Case No. 4215 against the IBP and respondent counsel averring that the IBP Board of Governors committed grave abuse of discretion when it overturned its earlier resolution and granted respondent counsels motion for reconsideration on February 23, 1999. He claimed that the earlier resolution denying the motion for reconsideration issued on October 25, 1997 had already become final and executory; hence, any further action or motion subsequent to such final and executory judgment shall be null and void. When the Court issued the resolution of December 10, 1997 treating the several pleadings filed in the present complaint, it should be noted that the IBP resolution denying respondents motion for reconsideration (Resolution No. XIII-97-129) dated October 25, 1997, for some reason, had not yet reached this Court. As of that date, the only IBP resolution attached to the records of the case was Resolution No. XII-97- 54 amending the administrative sanction from reprimand to three months suspension. Hence, at the time the pleadings were referred back to the IBP in the same resolution, the Court was not aware that the IBP had already disposed of the motion for reconsideration filed by respondent counsel. Thus, when the IBP was informed of the said Court resolution, it construed the same as granting Atty. Dealcas motion for reconsideration and as an order for IBP to conduct a re-evaluation of the case. The IBP assumed that its resolution of October 25, 1997 was already considered by this Court when it referred the case back to the IBP. It failed to notice that its resolution denying the motion for reconsideration was not among those pleadings and resolution referred back to it. Hence, on the strength of this Courts resolution which it had inadvertently misconstrued, the IBP conducted a re-evaluation of the case and came up with the assailed resolution now sought to be reversed. The Court holds that the error is not attributable to the IBP. It is regrettable that the procedural infirmity alleged by complainant actually arose from a mere oversight which was attributable to neither party. Going into the merits, we affirm the findings made by the IBP that complainant engaged the services of respondent lawyer only for the preparation and submission of the appellants brief and the attorneys fees was payable upon the completion and submission of the appellants brief and not upon the termination of the case. There is sufficient evidence which indicates complainants willingness to pay the attorneys fees. As agreed upon, complainant paid half of the fees in the amount of P7,500.00 upon acceptance of the case. And while the remaining balance was not yet due as it was agreed to be paid only upon the completion and submission of the brief, complainant nonetheless delivered to respondent lawyer P4,000.00 as the latter demanded. This, notwithstanding, Atty. Dealca withdrew his appearance simply because of complainants failure to pay the remaining balance of P3,500.00, which does not appear to be deliberate. The situation was aggravated by respondent counsels note to complainant withdrawing as counsel which was couched in impolite and insulting language. [10]
Given the above circumstances, was Atty. Dealcas conduct just and proper? We find Atty. Dealcas conduct unbecoming of a member of the legal profession. Under Canon 22 of the Code of Professional Responsibility, lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances. Although he may withdraw his services when the client deliberately fails to pay the fees for the services, [11] under the circumstances of the present case, Atty. Dealcas withdrawal was unjustified as complainant did not deliberately fail to pay him the attorneys fees. In fact, complainant exerted honest efforts to fulfill his obligation. Respondents contemptuous conduct does not speak well of a member of the bar considering that the amount owing to him was only P3,500.00. Rule 20.4 of Canon 20, mandates that a lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. Sadly, for not so large a sum owed to him by complainant, respondent lawyer failed to act in accordance with the demands of the Code. The Court, however, does not agree with complainants contention that the maximum penalty of disbarment should be imposed on respondent lawyer. The power to disbar must be exercised with great caution. Only in a clear case of misconduct that seriously affects the standing and character of the lawyer as an officer of the Court and member of the bar will disbarment be imposed as a penalty. It should never be decreed where a lesser penalty, such as temporary suspension, would accomplish the end desired. [12] In the present case, reprimand is deemed sufficient. WHEREFORE, in view of the foregoing, respondent Atty. Juan S. Dealca is REPRIMANDED with a warning that repetition of the same act will be dealt with more severely. SO ORDERED.
THIRD DIVISION [G.R. No. 134854. January 18, 2000] FELIZARDO S. OBANDO and the ESTATES of JOSE FIGUERAS and DOA ALEGRIA STREBEL VDA. DE FIGUERAS, petitioners, vs. EDUARDO F. FIGUERAS andAMIGO REALTY CORPORATION as represented by ANTONIO A. KAW, respondents. D E C I S I O N PANGANIBAN, J .: In resolving this appeal, the Court invokes the following principles: (1) a lawyers standing in a case remains, until a substitute takes over pursuant to Section 26, Rule 138 of the Rules of Court; (2) a trial court may act upon a motion to dismiss at any time a ground therefor becomes available, even after a responsive pleading to the complaint has already been filed; (3) a civil case initiated by an estate administrator may be dismissed upon a showing that the said administrators appointment as such has been revoked by the probate court; and (4) the dismissal of an action may be made after the ground therefor becomes known, even if the trial court has refused to do so earlier when that ground was not yet available. The Case Before us is a Petition for Review under Rule 45 of the Rules of Court, seeking to annul the July 30, 1998 Decision of the Court of Appeals [1] in CA-GR SP No. 47594, which affirmed the dismissal, without prejudice, of Petitioner Felizardo Obandos action for annulment of contract and reconveyance earlier ordered by the Regional Trial Court (RTC) of Quezon City, [2] Branch 218.4U14AA The Facts In 1964, Alegria Strebel Figueras, together with her stepsons, Eduardo and Francisco, filed a Petition for settlement of the intestate estate of her deceased husband Jose Figueras. [3] While settlement of the estate was pending, she died and Eduardo assumed administration of the joint estates of Don Jose and Doa Alegria. Hardly had the proceedings in both intestacies begun when Eduardo was served a Petition for Probate of what purported to be Doa Alegrias Last Will and Testament, filed by Felizardo S. Obando (herein petitioner), a nephew of Doa Alegria. [4]
The alleged Will bequeathed to Petitioner Obando and several other members of the Obando clan properties left by the Figueras couple, including two parcels of land in Gilmore Avenue, New Manila, Quezon City, covered by TCT Nos. 13741 and 17679. [5] When the probate case was consolidated with the intestate proceedings, Petitioner Obando was appointed as Eduardos co-administrator of the joint estates. [6]
As Eduardo insisted that the alleged Will was a forgery, the document was submitted to the National Bureau of Investigation (NBI) for examination and comparison of Doa Alegrias alleged signature therein with samples which both parties accepted as authentic. The NBI found that the questioned and the standard signatures were not made by the same person. [7] This led to the indictment and the conviction of Petitioner Obando in Criminal Case 90-85819 [8] for estafa through falsification of a public document. On February 20, 1990, the probate court denied Eduardos Motion for authority to sell the aforementioned two parcels of land in New Manila. [9] Despite such denial, Eduardo sold the lots to Amigo Realty Corporation on the strength of an Order issued by the probate court on May 15, 1991. New titles were issued for these lots in the name of Amigo Realty. [10]
On June 4, 1992, Petitioner Obando, in his capacity as co-administrator and universal heir of Doa Alegria, filed a Complaint against Eduardo and Amigo Realty (collectively referred to as the respondents) for the nullification of the sale. The proceedings were docketed as Civil Case No. Q-92-12384 and raffled to the Regional Trial Court of Quezon City, Branch 79. However, in Special Proceeding Nos. 61567 and 123948, the probate court, in its Order dated December 17, 1997, removed Petitioner Obando from his office as co- administrator of the joint estate of the Figueras spouses. [11] Consequently, in the civil case, respondents filed a Joint Motion to Dismiss dated January 27, 1998, after Obando had rested his case. The respondents built their evidence around the loss of his legal standing to pursue the case. [12] In its Order dated February 11, 1993, the trial court granted the Motion and dismissed the civil case without prejudice. [13] 4114AA Petitioner Obando filed a Motion for Reconsideration to no avail. As earlier stated, the Court of Appeals likewise dismissed his Petition for Certiorari and Mandamus and affirmed the dismissal Order of the RTC. [14]
Ruling of the Court of Appeals The Court of Appeals rejected the contention of Obando that he did not lose his legal personality to prosecute the civil case since there was no categorical statement that the purported will was a forgery and its probate was still pending. The CA affirmed the dismissal of the action for reconveyance because the probate courts Order dated February 5, 1998 "alluded" to the fact that the alleged Will was a forgery. That the probate of the alleged Will had not yet been decided on the merits did not change the fact that the probate court had removed Petitioner Obando as co- administrator. The dismissal of the civil case was without prejudice, because the trial judge anticipated that Obando could regain co-administration of the estates on appeal. Hence, this Petition. [15]
Assignment of Errors In their Memorandum, petitioners raise the following issues: [16]
"A........WHETHER OR NOT THE COURT OF APPEALS GRAVELY ERRED IN SANCTIONING THE TRIAL COURTS ALLOWANCE OF RESPONDENTS JOINT MOTION TO DISMISS, DESPITE THE FACT THAT ONE OF THE LAWYER-MOVANTS THEREIN WAS NO LONGER THE COUNSEL OF RECORD FOR RESPONDENT FIGUERAS AT THE TIME THE MOTION WAS FILED. "B........WHETHER OR NOT THE COURT OF APPEALS GRAVELY ERRED IN SANCTIONING THE TRIAL COURTS RADICAL DEPARTURE FROM THE LAW WHEN IT GRANTED A MOTION TO DISMISS ON LACK OF CAPACITY TO SUE/LEGAL STANDING AT THE TIME WHEN THE [PETITIONERS] HAVE ALREADY RESTED THEIR CASE AND THE [RESPONDENTS] HAVE BEGUN PRESENTATION OF THEIR EVIDENCE. "C........WHETHER OR NOT THE COURT OF APPEALS GRAVELY ERRED WHEN IT SANCTIONED THE TRIAL COURTS DISMISSAL OF THE CASE BASED ON ORDERS OF OTHER COURTS THAT HAVE NOT YET ATTAINED FINALITY.4AA4*1 "D........WHETHER OR NOT THE COURT OF APPEALS GRAVELY ERRED WHEN IT UPHELD THE TRIAL COURTS WHIMSICAL AND CAPRICIOUS DEPARTURE FROM ITS PREVIOUS RULINGS DENYING RESPONDENTS MOTION TO DISMISS AND MOTION TO SUSPEND PROCEEDINGS. "E........WHETHER OR NOT THE COURT OF APPEALS GRAVELY ERRED WHEN IT RENDERED ITS 30 JULY 1998 DECISION IN CA-G.R. 47594 UPHOLDING THE TRIAL COURTS ORDERS DATED 11 FEBRUARY 1998 AND 12 MARCH 1998." Simply stated, the following issues are raised by the petitioners: (1) whether the trial court could act on a motion filed by a lawyer who was allegedly no longer Eduardos counsel of record; (2) whether a motion to dismiss filed after the responsive pleadings were already made can still be granted; (3) whether the conviction of Petitioner Obando for estafa through falsification and the revocation of his appointment as administrator, both of which are on appeal, constitute sufficient grounds to dismiss the civil case; and (4) whether there was a conflict between the Order dismissing the civil case and the previous actions of the trial court. The Courts Ruling The Petition is devoid of merit. First Issue: Counsel of Record Petitioners claim that when Atty. Joaquin Yuseco filed the Motion to Dismiss, he no longer represented the respondents, as shown by Eduardos Manifestation and Motion dated January 8, 1998, dispensing with said counsels services in the proceedings in view of a Compromise Agreement with Petitioner Obando. [17]
We disagree. Representation continues until the court dispenses with the services of counsel in accordance with Section 26, Rule 138 of the Rules of Court. [18] Counsel may be validly substituted only if the following requisites are complied with: (1) new counsel files a written application for substitution; (2) the clients written consent is obtained; and (3) the written consent of the lawyer to be substituted is secured, if it can still be; if the written consent can no longer be obtained, then the application for substitution must carry proof that notice of the motion has been served on the attorney to be substituted in the manner required by the Rules. [19] 4U11 In this case, we are convinced that Eduardo did not dismiss Attorney Yuseco. In fact, the former manifested that he had been tricked by Petitioner Obando into signing the aforesaid Manifestation and Motion and Compromise Agreement. Besides, the filing of the Motion to Dismiss was not prejudicial but beneficial to the said respondent; hence, he had no reason to complain. At the discretion of the court, an attorney who has already been dismissed by the client is allowed to intervene in a case in order to protect the clients rights. In the present case, had there been any irregularity, it should have been raised by the respondents, not the petitioners. Second Issue: Timeliness of the Motion to Dismiss The Rules provide that a motion to dismiss may be submitted only before the filing of a responsive pleading. [20] Thus, petitioners complain that it was already too late for Respondent Eduardo Figueras to file a Motion to Dismiss after Obando had finished presenting his evidence. This is not so. The period to file a motion to dismiss depends upon the circumstances of the case. Section 1 of Rule 16 of the Rules of Court requires that, in general, a motion to dismiss should be filed within the reglementary period for filing a responsive pleading. Thus, a motion to dismiss alleging improper venue cannot be entertained unless made within that period. [21] 4L41= However, even after an answer has been filed, the Court has allowed a defendant to file a motion to dismiss on the following grounds: (1) lack of jurisdiction, [22] (2) litis pendentia, [23] (3) lack of cause of action, [24] and (4) discovery during trial of evidence that would constitute a ground for dismissal. [25] Except for lack of cause of action or lack of jurisdiction, the grounds under Section 1 of Rule 16 may be waived. If a particular ground for dismissal is not raised or if no motion to dismiss is filed at all within the reglementary period, it is generally considered waived under Section 1, Rule 9 of the Rules. [26] 4U=14L Applying this principle to the case at bar, the respondents did not waive their right to move for the dismissal of the civil case based on Petitioner Obandos lack of legal capacity. It must be pointed out that it was only after he had been convicted of estafa through falsification that the probate court divested him of his representation of the Figueras estates. It was only then that this ground became available to the respondents. Hence, it could not be said that they waived it by raising it in a Motion to Dismiss filed after their Answer was submitted. Verily, if the plaintiff loses his capacity to sue during the pendency of the case, as in the present controversy, the defendant should be allowed to file a motion to dismiss, even after the lapse of the reglementary period for filing a responsive pleading. Third Issue: Removal from Administration Petitioners aver that it was premature for the trial court to dismiss the civil case because Obandos conviction for estafa through falsification was still on appeal. We disagree. This argument has no bearing at all on the dismissal of the civil case. Petitioner Obando derived his power to represent the estate of the deceased couple from his appointment as co-administrator. [27] When the probate court removed him from office, he lost that authority. Since he lacked the legal capacity to sue on behalf of the Figueras estates, he could not continue prosecuting the civil case. [28] Thus the trial court properly granted the Motion to Dismiss on this ground. [29] Whether a final conviction for a crime involving moral turpitude is necessary to remove him from his administration is not a proper issue in this Petition. He should raise the matter in his appeal of the Decision removing him from administration of the Figueras estates.4U=1 The fact that the conviction of Obando and his removal from administration are on appeal only means that his legal standing could be restored; thus, the civil case was correctly dismissed without prejudice. If his conviction is reversed and his appointment restored by the probate court, the case may continue without being barred by res judicata. The lower courts Decision showed that it was careful in its action. On the other hand, Obando has yet to show that he has regained administration of the Figueras estates. Noteworthy also is the fact that his removal from office was predicated not only on his conviction for a crime, but also on his failure to render an accounting of the rentals of a property leased to the Community of Learners. Fourth Issue: No Conflicting Rulings Respondent Eduardo Figueras earlier Motion to Dismiss was denied in the trial courts March 4, 1993 Order which reads: "x x x [I]t is pertinent to note that the criminal case of Estafa through Falsification of Public Document filed against [petitioner] and the Petition to Remove him as co-administrator are still pending determination. Thus, suffice it to state that while herein [petitioner] remains as the co-administrator of the estates of the deceased Figueras the Court will continue to recognize his right to institute the instant case in his capacity as judicial administrator, unless he be removed as such by the probate Court pursuant to Rule 82 of the Revised Rules of Court." [30]
Thus, petitioners allege that the trial court whimsically and capriciously departed from its previous rulings when, in its Resolution dated February 11, 1993, it granted Eduardos later Motion to Dismiss. [31]
We cannot see any conflict between these trial court rulings. Obviously, they were based on different grounds. The first Motion to Dismiss was denied because, at the time, Petitioner Obando still had legal capacity to sue as co-administrator of the Figueras estates. On the other hand, the second Motion was granted because the probate court had already removed him from his office as co-administrator. The change in his legal capacity accounts for the difference in the adjudication of the trial court. We see no reversible error in the appellate courts affirmance of the trial court. WHEREFORE, the Petition is hereby DENIED and the assailed Resolution AFFIRMED. Costs against petitioners. SO ORDERED.2/29/00 10:57 AM
Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. R-351-RTJ September 26, 1986 ABRAHAM L. RAMIREZ, petitioner, vs. HON. ANTONIA CORPUZ-MACANDOG, respondent. A.M. No. R-359-RTJ September 26, 1986 LIWAYWAY B. SAMSON, complainant, vs. HON. ANTONIA CORPUZ-MACANDOG, respondent. A.M. No. R-621-RTJ September 26, 1986 VICTORIA TORRES, complainant, vs. HON. ANTONIA CORPUZ-MACANDOG, respondent. A.M. No. R-684-RTJ September 26, 1986 ESPERANZA LAZARO, complainant, vs. HON. ANTONIA CORPUZ-MACANDOG, respondent. A.M. No. R-687-RTJ September 26, 1986 JESUS ALBA, complainant, vs. HON. ANTONIA CORPUZ-MACANDOG, respondent. A.M. No. 86-4-9987-RTC September 26, 1986 DESIGNATION OF AN ACTING JUDGE IN BRANCH CXXI, RTC, CALOOCAN CITY. Bognot, Toledano & Associates counsel for the complainant in A.M. No. 359-RTJ . Romulo T. Santos counsel for the complainant in A.M. No. R-684-RTJ . Conrado A. Leao counsel for the complainant in A.M. No. 687-RTC.
PER CURIAM: Judge Antonia Corpuz-Macandog of the Regional Trial Court of Caloocan City, Branch CXX, stands charged in six separate complaints of various forms of misconduct in the performance of her official duties. The details are as follows: I. Administrative Matter No. R-351-RTJ . This originated as G.R. No. 71179, a petition for a writ of habeas corpus filed on June 29, 1985 by Deputy Sheriff Abraham L. Ramirez of the Regional Trial Court of Caloocan City to secure his release from the Caloocan City jail. Ramirez was ordered arrested on June 27, 1985 by respondent judge for direct contempt of court consisting in his alleged disobedience to the writ of preliminary injunction dated January 21, 1985 issued in Civil Case No. 8682 enjoining him from demolishing the improvements of the intervenors in said case. Deputy Sheriff Ramirez had previously been directed by Judge Socorro Tirona-Liwag of Branch CXXIII of the same court in an order dated January 11, 1985, to demolish the improvements of the defendants in Civil Cases Nos. C-7380, C-7361, C-7362, C-7363, C-7364, C-7839, C-7841 and C-7842. Said defendants are the intervenors in Civil Case No. 8682 on whose motion respondent judge issued the preliminary injunction. The immediate execution of the order of arrest was effected thru a handwritten note of respondent judge addressed to then superintendent of the Northern Police District, Brig. Gen. Alfredo Lim. Upon orders of this Court, however, Deputy Sheriff Ramirez was released from jail on July 2, 1985. Thereafter, the court resolved to treat the petition as an administrative case 1 and to require respondent judge to comment thereon. 2
Respondent judge denied having acted arbitrarily or capriciously in causing the arrest of Ramirez. She justified the arrest as a means of preserving substantial justice so that any decision rendered in Civil Case No. 8682 may not be rendered moot and academic and as a curative measure to preserve the greater interest of social justice. The handwritten note, on the other hand, was explained as a means to preserve the integrity of courts of justice in the enforcement of valid and lawful orders. She added that the writ of preliminary injunction was issued by her in the exercise of her original jurisdiction, while the Order of January 11, 1985 was issued by Judge Liwag in the exercise of appellate jurisdiction, which the latter should not have done as she should have remanded the case to the court of origin for execution. II. Administrative Matter No. R-359-RTJ . On September 28, 1984, complainant Liwayway B. Samson filed before the RTC of Caloocan City a complaint for damages against Benecio Urgel, Roberto Exequiel, Shigiro Iwata and Remigio Pasion docketed as Civil Case No. 11559 and assigned to respondent judge. The summonses were served on the defendants on October 3, 1984. On October 18, 1984, defendants Urgel and Exequiel filed their answer with cross-claim against their co-defendants Pasion and Iwata They likewise filed a motion for leave to file a third party complaint against Imperial Insurance Co. This was granted on October 22, 1984. On November 12, 1984, within the extension given by the court, defendant Iwata filed his answer with compulsory counter- claim and cross-claim and answer to cross-claim against defendants Urgel, Exequiel and Pasion. The latter did not file any answer. Thus, on November 29, 1984, complainant thru counsel moved to declare Pasion in default and to set the case for pre-trial On January 29, 1985, counsel for complainant filed an ex-parte motion praying for the resolution of the motion of November 29, 1984. When no action was forthcoming, counsel filed another motion on March 26, 1985, reiterating his prayer in the motion of November 29, 1984. For alleged failure of respondent judge to act on the motions, the instant complaint was filed on June 6, 1985. Required to comment, respondent judge stated that the motion of November 29, 1984 was noted for study on December 18, 1984 and was actually resolved on March 1, 1985, "well within the period even for the court to resolved [sic] the same and prior to the receipt ... of the letter- complaint on July 2, 1985; " and that the case could not yet be set for pre-trial on account of the existence of the third-party complaint. In conclusion, respondent judge said that letter-complaint "is not only malicious but was intended to malign the undersigned Presiding Judge 3 and should therefore be dismissed. Complainant replied to the comment for the purpose of placing in issue respondent judge's allegation that the motion dated November 29, 1984 was resolved on March 1, 1985. She averred that if this were true, why is it that notice thereof was received by her counsel only on June 22, 1985 after the instant complaint had been filed; and why is it that respondent judge failed to resolve the other motions? She concluded that the only reasonable implication is that the order was antedated to show some color of performance of duties. She likewise cites respondent judge for failure to order the service of summons and copy of the third-party complaint on the third-party defendant. It appears that due to the statement found in respondent's comment that "the letter-complaint is not only malicious but was intended to malign the undersigned Presiding Judge complainant moved for respondent's inhibition from Civil Case No. 11559 and its re-raffling to another sala. This motion was denied. Eventually, as manifested by respondent in her Rejoinder, she inhibited herself from hearing Civil Case No. 11559, which has since been assigned to another judge and has been set for pre-trial In said rejoinder, respondent judge characterized complainant's so-called implication respecting the order of March 1, 1985 as being founded on conjectures, assumptions and suppositions. Furthermore, she said that after the third party complaint had been admitted, it was not her duty to order service of the summons on the third-party defendant, but that of the counsel who espouses the cause of the client. III. Administrative Matter No. R-621-RTJ . In the sworn letter-complaint dated April 28, 1986, Victoria L. Torres charged respondent judge with ignorance of the law, graft or deliberate distortion of the law for pecuniary motives. She alleged that respondent judge had indiscriminately issued restraining orders without conducting hearings on the applications for the issuance of preliminary injunctions and had reiterated restraining orders after the lapse of the mandatory twenty [20] days; that she issued restraining orders against the enforcement of the writs of execution in ejectment cases decided by other RTC branches of Caloocan City which are of co-equal jurisdiction; that she has cited for contempt lawyers and sheriffs of other branches whom she fancies to have offended her, as in the case of Deputy Sheriff Ramirez [cf. Adm. Matter No. R-351-RTJ] who was merely complying with the order of Judge Liwag and that she has been issuing restraining orders in ejectment cases involving the so- called "Maysilo Estate" for undoubtedly suspicious considerations. By way of compliance to the court's resolution dated June 19, 1986, respondent submitted her comment on the letter-complaint on July 16, 1986, branding the allegations found therein as false accusations as it failed to state specific facts on the matters complained of. She stated that she issued a temporary restraining order in Civil Case No. 10526 entitled, "Arturo Salientes, et. al. v. Alexander Development Corp., et al." but denied having issued an extension thereof. She claimed having issued a preliminary prohibitory injunction after due hearing. With respect to the second allegation, respondent explained the issuance of the restraining orders as a method of maintaining the status quo so that the cases pending before her involving the issue of ownership may not be rendered moot and academic by the execution of the decisions in the ejectment cases relating to the same properties. Respondent reiterated her explanation in Adm. Matter No. R-351-RTJ in connection with the Ramirez arrest-incident and asserted that she has been acting on the Maysilo estate cases objectively on the basis of the law involved and the evidence on hand. It appears that while the instant complaint was pending evaluation by the Court, complainant Victoria Torres, in her capacity as attorney-in-fact of Alexander Development Co. caused the implementation of the writ of execution issued by the RTC of Caloocan, Branch CXXX in Civil Case No. 10645, entitled"Alexander Development Co. v. J ose Chan." The writ of execution was enforced thru the demolition of a shanty being claimed by Francisco Cruz, one of the plaintiffs in Civil Case No. 10526. Because of this, Torres was ordered arrested for contempt of court by respondent judge in an order dated May 15, 1986. To challenge said arrest order Torres instituted before the IAC a special civil action for certiorari and prohibition docketed as AC-G.R. S.P. No. 09162-SP, wherein respondent judge was likewise required to comment. On June 5, 1986, respondent judge issued an order recalling the arrest order for being moot and academic. This was manifested in the comment submitted in AC-G.R. No. 09162-S.P. IV. Administrative Matter No. R-684-RTJ . The gravamen of the complaint filed before this Court on July 7, 1986 is the alleged failure of respondent judge to decide Civil Case No. C-9831 entitled, "Federico S. Cruz v. Esperanza Lazaro,"despite the case having been submitted for decision for more than 18 months. Complainant who is the defendant in Civil Case No. C-9831, claims that the case was submitted for decision on October 2, 1984 with the filing of defendant's memorandum. She further alleges that as respondent judge had been drawing her salary during the entire time that the case was pending decision, respondent judge is likewise guilty of falsification in view of the certification required of judges before they could draw their salaries to the effect that they have decided all cases assigned to them on or before the end of three months counted from the time a case is submitted for decision. On July 16, 1986, counsel for complainant Romulo T. Santos, filed a manifestation and motion to withdraw the complaint on the ground that "certain facts and conditions which heretofore were unknown to the complainant and undersigned counsel have come to [their] knowledge ... which affect their resolution to prosecute the complaint. 4
Said manifestation, notwithstanding, the court by resolution dated July 24, 1986 required respondent judge to answer the complaint. In her answer filed on August 11, 1986, respondent judge states that nothing on the record shows that the case has been submitted for decision; that defendant in said case [herein complainant] never appeared in court during the hearing of the case nor during the series of conferences called by her for the purpose of effecting an amicable settlement between the parties, as per manifestation of her counsel, complainant and her husband were always abroad; that defendant in fact told the court interpreter that she did not want to appear in court for the amicable settlement; that it was only after she received a telephone call from an alleged close relative of an associate of a national official saying " If you don't decide the case in favor of Mrs. Lazaro you will be removed, but if you decide in her favor then you will stay," that she looked into the records of the case where she found the motion of Mrs. Lazaro, received by the court on March 12, 1986, praying for the early resolution of the case; that because of the telephone calls and with the point in mind that "this is a revolutionary government," she had no recourse but to decide the case in favor of Mrs. Lazaro, which she did in a decision dated July 18, 1986; that in view of complainant's manifestation dated July 7, 1986, the instant complaint is already moot and academic. V. Administrative Matter No. R-687-RTJ . Jesus Alba charges respondent judge with gross incompetence, partiality and knowingly rendering an unjust decision. Complainant is the offended party in Criminal Case No. C-23527 [84] entitled "People v. Cabel" for frustrated murder assigned to respondent's court. The decision acquitting the accused was promulgated on June 10, 1986, allegedly in the absence of complainant and his counsel, so that complainant learned about the decision only thru a neighbor. Complainant challenged the decision as erroneous for the reasons that the testimony of the accused on the alleged self-defense was not convincing, respondent judge erred in her appreciation of the credibility of the witnesses for the prosecution as well as in her pronouncement that Cabel had no motive for stabbing complainant when lack of motive does not preclude conviction. Upon being required to comment, respondent explained in detail the reasons why she did not give credence to the version of the prosecution. She ended with the conclusion that the decision in said criminal case is just and in consonance with the evidence presented by the parties. She views the complaint as a means to harass her in the wake of the judiciary reorganization. VI. Administrative Matter No. 86-4-9987-RTC. Civil Case No. C-12172 entitled, "Manchie Sabile Brozo v. Spouses Esmeraldo Quijano and Adelina Quijano," an appealed case for an unlawful detainer was pending before Branch CXXI of the RTC of Caloocan City when presiding judge thereof, Judge Salvador J. Baylen, was transferred to the RTC of Quezon City on November 15,1985. Said judge had previously required the parties to file their memorandum with. in 30 days from notice of the order dated November 4, 1985, but only the plaintiff had done so at the time of his transfer. On January 7, 1986, therein defendants-appellees moved for either the consolidation of Civil Case No. 12172 with Civil Case No. 11724, entitled "Esmeraldo Quijano, plaintiff versus Manchie Sabile Brozo, Defendant" pending before Branch CXXX of the same court, or the re- raffle of Civil Case No. C-12172 to another judge to avoid delay in its disposition; or if re-raffle is not proper, to effect the transfer of said case to the pairing judge of Branch CXXI for further proceedings. Plaintiff-appellant opposed the motion. On January 9, 1986, Executive Judge Oscar M. Herrera referred the motion to Judge Antonia Corpuz-Macandog of Branch CXX, the pairing judge of Branch CXXI. On February 19, 1986, Judge Macandog denied the motion of defendants- appellees. However, on March 13, 1986, she issued another order recalling, rescinding and setting aside the order of February 19, 1986 and considering the case submitted for decision to her as pairing judge. Counsel for plaintiff-appellant, Atty. Jose V. Marcella moved for a reconsideration of the order dated March 13, 1986 with a request that the matter be referred to the Court Administrator for determination or ruling as to which judge-Judge Baylen or Judge Macandog-should decide the case. Meanwhile, on April 24, 1986, the Court En Banc designated Judge Domingo M. Angeles, RTC, Branch CXXIX, Caloocan City as Acting Judge of Branch CXXI of the same court "in addition to his regular duties without additional compensation, effective immediately and to continue until a regular incumbent is appointed or until further orders from this Court." 5
On May 15, 1986, Judge Macandog rendered judgment in Civil Case No. C-12172 dismissing plaintiff's appeal Copies of the decision and the order denying his motion for referral were received by counsel for plaintiff on May 22, 1986. He forthwith filed a motion for reconsideration of both the decision and the order. Pending resolution thereof, he wrote the Court Administrator a letter on June 9, 1985, requesting for a ruling on who, among the three judges; Baylen, Macandog or Angeles, has authority to decide the case and who, between Judges Macandog and Angeles, should resolve the pending motion for reconsideration. Acting on said letter, the Court En Banc resolved on July 8, 1986 to: "[a] DIRECT Judge Salvador J. Baylen Regional Trial Court, Branch 103, Quezon City, to decide Civil Case No. C-12172, considering that before his transfer to another court of equal jurisdiction said case was already submitted before him for decision and as such all proceedings were totally heard and tried by him and the greater interest of justice will be better served if he will decide the same; [b] require Judge Antonia C. Macandog to EXPLAIN within seventy-two (72) hours from receipt of notice hereof why she should not be disciplinarily dealt with for taking cognizance of Civil Case No. C-12172 and deciding the same against the vigorous objection of the plaintiff and [c] SET ASIDE and declare null and void the decision rendered by Judge Macandog for lack of authority and the pending motion for reconsideration and to set aside the decision and the order denying plaintiff's motion to refer the case to the Supreme Court be recalled and withdrawn." 6
In the explanation submitted on July 18, 1986, Judge Macandog stated that she took cognizance of Civil Case No. 12172 by virtue of the note/order of Executive Judge Oscar Herrera appearing on the face of the "Motion to Consolidate and/or to transfer case to the Pairing Judge dated January 7, 1986; which note reads: "Refer to Pairing Judge, Br. 120" and signed, "Oscar M. Herrera 1/9/86;" that as the thirty-day period granted to the parties within which to file their memorandum under the order dated November 4, 1985 expired at the earliest only on December 5, 1985, at which date the case would be deemed submitted for decision, Judge Baylen could not decide the case, the same not having been submitted to him for decision at the time of his transfer on November 15, 1985; that she has been authorized by this Court on September 16, 1982 to take cognizance of all kinds of cases in Branch XIV [now Branch CXXI, RTC, Caloocan City] and that the resolution dated April 24, 1986 in A.M. No. 86-499-87, which impliedly revoked this authority came to her knowledge only during the first week of June, 1986 when Judge Angeles started taking cognizance of and began hearing cases in Branch CXXI. Except for the charges of gross incompetence, partiality and knowingly rendering an unjust decision in Administrative Matter No. R-687-RTJ, which must be dismissed outright for lack of merit, the other charges brought against respondent are indeed serious. Taken collectively, they cast a heavy shadow on respondent's moral, intellectual and attitudinal competence to remain a member of the Bench. The complaint in Administrative Matter No. R-687-RTJ is anchored primarily on respondent having given credence to the exempting circumstance of self-defense offered by the accused in Criminal Case No. C-23527. In Villa v. Llamas, 84 SCRA 277, where the complainant placed in issue the wisdom of the respondent judge's decision in a civil case for having believed the testimony of the plaintiff, an alleged operator and maintainer of houses of ill-repute, this Court ruled that said circumstance was not an indubitable ground for penalizing a judge administratively. The reason, as previously stated in the case of Dizon vs. de Borja, 37 SCRA 46, is that "to hold a judge administratively accountable for every erroneous ruling or decision he renders, assuming that he has erred, would be nothing short of harassment and would make his position unbearable. Similarly, in the case of Vda. de Zabal vs. Pamaram, 39 SCRA 430, this Court had the occasion to pronounce that 11 mere errors in the appreciation of evidence, unless so gross and patent as to produce an influence of ignorance or bad faith or that the judge knowingly rendered an unjust decision [which circumstances do not obtain in the case at bar], are irrelevant and immaterial in an administrative proceeding against him. We further stated: "If in the mind of the respondent the evidence for the defense was entitled to more weight and credence, he cannot be held to account administratively for the result of ratiocination." 7
Neither could respondent be held administratively liable for failing to notify complainant of the promulgation of the decision in said criminal case. While it may be the better practice to notify the offended party of such promulgation, the Rules of Court do not require a judge to do so. The actuations of respondent judge in Administrative Matters Nos. R-351-RTJ and R-621-RTJ are, however, administratively censurable. In both cases, she issued preliminary injunctions to stay the implementation of writs of execution issued by courts of coordinate and co-equal jurisdiction, and issued arrest orders against a deputy sheriff and an attorney-in-fact of a party who proceeded to enforce the writs of execution despite said unjunctions. To effect the immediate execution of the order of arrest against deputy sheriff Ramirez, respondent wrote a handwritten note to Brig. Gen. Alfredo Lim requesting his assistance on the matter. To our mind, both orders of arrest were improvidently issued. Respondent judge should have been aware that forcible entry and detainer cases do not interfere with a proceeding where ownership is at issue. Thus, in Petargue v. Sorilla, 92 Phil. 5, it was held that "the determination of the respective right of rival claimants to public land is different from the determination of who has the actual physical possession or occupation with a view to protecting the same and preventing disorder and breaches of the peace. A judgment of the court ordering restitution of the possession of a parcel of land to the actual occupant, who has been deprived thereof by another through the use of force or in any illegal manner, can never be 'prejudicial interference' with the disposition or alienation of public land." Besides, in the case of deputy sheriff Ramirez respondent judge should have taken into consideration that his duty to enforce court orders and processes is ministerial in character and that he has no authority to determine the validity of the order placed in his hands to implement. Thus, whether Judge Liwag can, in the exercise of appellate jurisdiction, legally issue the writ of execution is of no moment insofar as deputy sheriff Ramirez is concerned, and he should not have been punished by incarceration for performing his official duty. Moreover, the handwritten note of respondent judge to Brig. Gen. Lim is, to say the least, highly irregular and improper. Her over-zealousness in implementing the order of arrest creates the impression that she has taken an interest far and beyond that ordinarily expected of judicial officers with respect to cases pending before them; which, in turn, puts her impartiality in question. Respondent judge is of the impression that the release of Ramirez from jail and the recall of the order of arrest against Victoria Torres had rendered the administrative cases against her moot and academic. Rather than exonerate her, these facts instead serve to strengthen the charges against her. For one, the release order issued by this Court only proves the impropriety of her act, while on the other, the recall order demonstrates the impetuosity by which the arrest order was issued in the first place. The same attitude is observed in respondent judge in connection with Administrative Matter No. R-684-RTC which she wants this court to consider moot and academic for the reasons that she has rendered a decision in Civil Case No. C-9831 and that the complainant had moved for the withdrawal of said complaint. We said in the case of Vasquez v. Malvar, 85 SCRA 10, that a motion to withdraw and/or dismiss the complaint by complainant, does not, by itself, warrant the dismissal of the administrative case against respondent judge, because "to condition administrative actions upon the will of every complainant, who may, for one reason or another, condone a detestable act, is to strip this Court of its supervisory power to discipline erring members of the Judiciary." And seriously blunder, respondent did. While it appears that the complaint was filed under a misapprehension of facts, in that it was not indubitably established that the case had been submitted for decision as alleged in the complaint, and dismissal of the charge should have followed as a matter of course, the case had taken an unexpected twist. In her answer, respondent judge admitted to have succumbed to pressure in deciding the case in favor of herein complainant, Mrs. Esperanza G. Lazaro. Thus, "In order to promote peace so nobody would call me again by telephone telling the same purpose, the respondent, then decided the case with the point in mind that this [sic] a revolutionary government and she had nor [sic] recourse but to decide the case in favor of Mrs. Esperanza G. Lazaro, [Decision dated July 18, 1986, see attached.]" 8
Even accepting for the nonce that there was this supposed pressure from a source twice removed from the national official mentioned earlier, her confessed act of succumbing to this pressure on the telephone is a patent betrayal of the public trust reposed on respondent as an arbiter of the law and a revelation of her weak moral character. By her appointment to the office, the public has laid on respondent their confidence that she is mentally and morally fit to pass upon the merits of their varied contentions. For this reason, they expect her to be fearless in her pursuit to render justice, to be unafraid to displease any person, interest or power and to be equipped with a moral fiber strong enough to resist the temptations lurking in her office. Regrettably, respondent has dismally failed to exhibit these qualities required of those holding such office. In Administrative Matter No. R-359-RTJ, respondent judge failed to act with reasonable dispatch required of judicial officers. There is reason to doubt the authenticity of the date shown on the order resolving the motion of complainant to declare therein defendant Pasion in default. If it were true that the motion was resolved as early as March 1, 1985, We do not think that service of the order upon counsel for complainant at this office in Espana, Manila would take more than three [3] months, and most conveniently after the present complaint has been filed. Delay in the administration of justice is the most common cause of complaint and a judge should endeavor to avoid it. It is thus incumbent upon a judge to manage his court with a view to the prompt and convenient disposition of its business and he should not tolerate abuses, indifference or neglect by clerks, sheriffs and other officers of the court. Hence, upon failure of her clerk to serve summons on the third party defendant, it became incumbent upon her to remind said clerk of such failure. The explanation given by respondent judge in Administrative Matter No. 86-4-9987-RTC is unsatisfactory. Par. VIII, Circular No. 7, dated September 23, 1974 of this Court provides: VIII. PAIRING SYSTEM: A pairing system shall be established whereby every branch shall be considered as paired with another branch. In the event of vacancy in any branch, or of the absence or disability of the judge thereof, all incidental or interlocutory matters pertaining to it may be acted upon by that judge of the other branch paired with it. The latter may likewise conduct trials or hearings on the merits in criminal cases with detention prisoners assigned to the other branch, as well as in other kinds of cases, subject to the conformity of the parties. [Emphasis supplied.] Pursuant to the above-quoted internal procedure, the referral of Civil Case No. C-12172 to judge Macandog was solely for the purpose of acting upon the motion to consolidate and/or transfer case to the pairing judge. Such referral did not in any manner empower or authorize her to decide the case on the merits, particularly in the light of the vigorous objection interposed by therein plaintiff. The power and authority of one acting as a pairing judge are clearly defined and delineated by said paragraph and one acting beyond its tenor certainly oversteps his authority. Judges are required to observe due care in the performance of their official duties. 9 They are likewise charged with the knowledge of internal rules and procedures, especially those which relate to the scope of their authority. They are dutybound to observe and abide by these rules and procedures, designed, as they are, primarily to ensure the orderly administration of justice. Thus, confronted with a serious challenge to one's authority, an ordinary prudent man would perceive the reasonableness, if not the wisdom, of the suggestion/request that the question at hand be referred to this Court. The hasty and reckless attitude of respondent judge in taking cognizance of and deciding Civil Case No. 12172 despite the strong objection against her authority and the reasonable request for referral of the question to this Court, constitutes misconduct in office warranting disciplinary sanction. Anent respondent's averment that she was granted authority by this Court on September 16, 1982 to take cognizance of all kinds of cases in Branch CXXI, suffice it to say that the same was revoked, not by our resolution of April 26, 1986, but much earlier, by the implementation of the Judiciary Reorganization Act on January 17, 1983. Respondent Judge Macandog has shown herself to be mentally and morally unfit to remain in her office. Her removal must perforce be effected. In view of the disclosure by respondent that the decision in Civil Case No. C-9831 was rendered under undue pressure and influence, the party aggrieved thereby may take such remedial steps as may be warranted. WHEREFORE, respondent Judge Antonia Corpuz-Macandog is hereby ordered dismissed from the service, with forfeiture of all retirement benefits and pay, and with prejudice to reinstatement in any branch of the government or any of its agencies or instrumentalities.This Decision is immediately executory.SO ORDERED. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION
A.M. No. 276-MJ June 27, 1975 HADJIRUL TAHIL, complainant, vs. ATTY. CARLITO A. EISMA, Municipal Judge of Parang, Sulu, respondent. R E S O L U T I O N
ANTONIO, J .: Respondent Municipal Judge Carlito A. Eisma, of Parang, Sulu, is charged by complainant Hadjirul Tahil with dishonesty in not reporting regularly to his office, contrary to the recitals of his daily time record. In his "Investigation, Report and Recommendation" dated February 29, 1973, Judge Felix V. Barbers of the Court of First Instance of Sulu, Branch III, 16th Judicial District, who investigated the case, recommended the dismissal of the charge. According to the findings of the Investigating Judge: ... respondent has been regularly reporting to his office except on certain days when he marked himself absent during which he explained, his salary was correspondingly deducted therefrom. The filing of this complaint, the respondent declared, is motivated by hatred, anger and revenge on the part of the complainant. This is occasioned by the fact, when complainant brought the bail bond of his nephew Bakkal Ilahal charged in Criminal Case No. 241-N before the Court of respondent, for approval of the latter. Because of the failure of the bondsmen to appear before him, respondent did not approve of the bail bond. Again on another occasion, complainant filed in the Court of respondent a motion to dismiss Criminal Case No. 372-N, wherein the same nephew of the complainant, Bakkal Ilahal, is also charged with the crime of illegal possession of firearms. A scrutiny of the motion to dismiss and its annexes, offered in evidence by respondent, will show that the same is based on documents merely certified to by the clerk of the counsel of Bakkal Ilahal. Respondent in his order denying this motion to dismiss ruled: "After a thorough perusal and study of the issues involved in the motion to dismiss and the opposition, thereto, the Court finds that the reasons of Lt. Rodialo Gumtang in his oral opposition are more logical and justifiable because the evidence upon which accused thru counsel relies in their motion to dismiss are documentary in nature and the Court is not in a position to accept this kind of evidence without confronting persons who executed and prepared the documents in question. Furthermore, some of the documents presented by accused thru counsel are merely certified true copies, the validity and originality of which are subject to question. "Accused thru counsel can have all the opportunity to present all their evidence during the trial of the case, hence, to pass and decide upon the validity of the documents attached to the motion to dismiss is premature and the proper subject of a trial on the merits. "WHEREFORE, in view of the foregoing consideration, this Court denies the motion to dismiss of accused and orders that this case be set for trial on April 15, 1971. Let copy of this order be issued to the parties with the warning that no postponements shall be entertained. "SO ORDERED." Without going to the merits of the abovementioned two cases, this Court finds that respondent acted judiciously on the matter. His disapproval of the bail bond without the bondsmen appearing before him in the first case (murder) is correct, because as the approving officer he must satisfy himself that those who made, the undertaking to bail the accused are the same persons whose names appear on the bail bond and whose signatures are affixed thereto, otherwise, if only for the sake of friendship to accomodate the complainant, would make the bond a useless scrap of paper, and which respondent can be held responsible. A scrutiny of the bail bond (Exhibit 1) which we believe is the original thereof, the same is not even signed by the principal, who is the accused to be bailed. Neither has it been shown that the current taxes of the real properties offered as bond had been paid. The receipts of payment or a certificate of the municipal treasurer to this effect is not even attached, which are requirements to be accomplished pursuant to existing circulars of the Department of Justice. As to the order denying the motion to dismiss in the other case (illegal possession of firearm), this Court finds and is convinced that respondent acted legally. A scrutiny of the motion to dismiss and the grounds thereof, are grounds that could be taken and proven during the trial on the merits of the case. Respondent not having been satisfied with the documents annexed to the motion which are purely certified copies made by the clerk of the accused's counsel, respondent acted correctly and legally. On this score, complainant has all the reasons to be angry at respondent taking into consideration their previous friendship, and now respondent has failed to accomodate him as hereinabove described. A lot of persons, because of friendly relations they have with judicial authorities, consider that when their wishes are not complied with or accomodated in cases pending before the courts of which they have an interest, it is the end of such friendship and to their eyes the judge is not a friend but a foe. Their nearsightedness on these matters could be like a poison to their mental faculties so that they would like the judge who failed to accomodate them, face their wrath and displeasure. Complainant became wrathful, but wrath must be properly channeled or it may work out a grave injustice. But, certainly, a judge in the exercise of his judicial function, does not see whether one is a friend or foe, whether one is influential or not, but rather, whether he acts within the law he is to apply, whether his actuations are prescribed by the rules of court and whether he has acted judiciously. As to the alleged falsification of the respondent of his daily time record and the allegation that he only reports to his office during Mondays and Thursdays, do not find credibility, and naturally should not be given weight. It appears, however, that in the aforementioned Criminal Case No. 241-N for murder, respondent admitted having granted bail to the accused upon the request of a congressman, despite his belief that the evidence of guilt against the accused was strong. On the basis of this admission, the Judicial Consultant recommends that the respondent Judge "be fined in an amount equivalent to his salary for one (1) month and warned that a repetition of such a breach of integrity will be dealt with more sternly." Under the Constitution, all persons shall, before conviction, be bailable by sufficient sureties, except those charged with capital offenses when evidence of guilt is strong. The discretion of the court to grant bail in a capital offense, before conviction, must be based upon the Court's determination as to whether or not the evidence of guilt is strong. This discretion may only be exercised after the evidence is submitted at the summary hearing conducted pursuant to Section 7 of Rule 114 of the Rules.1wph 1.t Respondent's admission that he granted bail because of the request of a congressman, despite his belief that the evidence of guilt against the accused is strong, is indeed reprehensible. But it is not clear from the record whether or not a summary hearing was conducted by respondent Judge in Criminal Case No. 241-N for the purpose of bail and, on the basis of his appreciation of the evidence submitted, granted bail to the accused. Moreover, respondent was not specifically charged and investigated in this regard, and in the absence of any specific finding that respondent gravely abused his discretion in granting bail to the accused in said case, this Court has no basis to impose a fine upon respondent. WHEREFORE, in view of all the foregoing, the charge against respondent is DISMISSED. Considering his admission, however, he is hereby admonished to demonstrate a greater degree of competence, intellectual courage and independence in the discharge of his judicial duties, for only in that manner can he merit the judicial position that he occupies and the support and confidence of the people.
THIRD DIVISION [A.M. RTJ-94-1266. August 21, 1996] ARMANDO CONTRERAS, complainant, vs. JUDGE CESAR M. SOLIS, respondent. D E C I S I O N MELO, J .: The instant administrative case against respondent Judge Cesar M. Solis stemmed from his orders releasing the accused on bail in a habeas corpus proceeding and his subsequent order directing the re-arrest of the said accused. The antecedent facts of the case are as follows: On November 8, 1992, prior to the filing of a petition for habeas corpus before the sala of herein respondent Judge Solis, and information was filed against Rufino Mamangon, a PNP member, for the murder of Gener Contreras. The case was raffled to Branch 18 of the Regional Trial Court of the Third Judicial Region stationed in Malolos, Bulacan, presided over by Judge Demetrio Macapagal Sr. On May 31, 1994, Judge Macapagal dismissed the criminal case for lack of jurisdiction and accordingly directed the branch clerk of court to forward the complete record of the case to the Sandiganbayan. Mamangon was not, however, released from detention despite the dismissal of the criminal case, prompting him on July 20, 1994, to file a petition forhabeas corpus. The petition was raffled to the branch (No. 21) presided over by herein respondent Judge Cesar M. Solis. Respondent, in an order dated July 27, 1994, dismissed the petition for lack of merit. On August 4, 1994, acting on a motion for reconsideration filed by Mamangon, respondent issued an order authorizing the release of Mamangon from the provincial jail upon the posting of a cash bond in the amount of P25,000.00. A motion for reconsideration was filed by the provincial prosecutor which prompted respondent judge to cancel the cash bond posted by Mamangon and to order his re-arrest. Thereupon, Armando Contreras, brother of the victim Gener Contreras, filed the instant complaint. Complainant alleged that on the morning of August 1, 1994, when he went to the office of respondent he was told by the latter that Mamangon is willing to give P25,000.00 for his release. It appears, according to complainant, that if he would give the same amount of money, respondent would no longer release Mamangon. According to complainant, respondent also gravely abused his discretion and authority when he ordered the release of the accused upon the posting of the cash bond; that it is not within the authority of respondent to release the accused considering that his authority in a habeas corpus proceeding is to determine whether or not the detention of the accused is legal or illegal. Moreover, it was contended, respondent has no authority to order the re-arrest of the accused in the same proceeding. On July 3, 1996, Deputy Court Administrator Zenaida N. Elepao submitted her report with the following evaluation: A. On the Charge of Dishonesty/Extortion Respondent insists he never asked money from complainant. He merely instructed one of his staff to advise Armando Contreras about the habeas corpus proceeding so that he can participate in it. It was quite late in the afternoon of that day and the clerks were no longer available to type the notice or order. He also explains that complainant misconstrued his mentioning an amount, i.e., P20,000.00 to be extortion when all he meant was that this would be how much he will spend to hire a lawyer to represent his cause in the proceedings. The protestations of respondent Judge are not exactly persuasive. At once certain questions beg to be asked. For instance, if his sole interest in asking Contreras to see him in his office was to afford the former the opportunity to participate in the habeas corpus case, why express such interest at a very late stage, i.e., after he had issued a decision thereon and after petitioner filed a Motion for Reconsideration of the decision? Noteworthy is that the petition was filed on 20 July 1994, set for hearing six (6) days later or on 26 July, and the decision rendered the following day. Judge Solis could have very well notified complainant about the proceeding as soon as the petition was filed by simply furnishing him copy of his Order setting the case for hearing on 26th July. But he did not. Strangely enough, he waited until after the last working hour of Friday, 29th July, to notify Contreras of his desire to meet him at the very early hour of 7 oclock in the morning of 1 August. Why then did the judge schedule the meeting at an early hour that morning even before court employees arrived for work? Was it only for the purpose of telling complainant that he can participate in the proceeding, or more specifically, in the hearing of the Motion for Reconsideration, and that he should engage the services of a good lawyer for P20,000.00? If it was, then in my view, the meeting was absolutely unnecessary. The judge denies that he propositioned complainant, and complainant informs the Court that he did not pay the amount proposed. At any rate on 8 August 1994 Judge Solis motu proprio issued two Orders for the posting of a cash bond for P25,000.00 by accused Mamangon and his release from jail, and transmittal of the records of the case to Sandiganbayan. While no proof has been submitted to the Court by complainant as to attempted extortion by respondent judge other than his verified letter-complaint, still, the actuations of respondent leave much to be desired since these easily lend[s] to suspicions of dishonesty. On this score alone, respondent should be properly advised to avoid occasions where his acts may arouse suspicions of irregularity. B. On the Grant and Subsequent Cancellation of Bail Constituting Grave Abuse of Authority, Grave Misconduct and Incompetence Section 3, Rule 114 of the Rules of Court provides that all persons in custody shall, before final conviction, be entitled to bail as a matter of right, except when charged with a capital offense or an offense which, under the law at the time of its commission and at the time of the application for bail, is punishable by reclusion perpetua when evidence of guilt is strong. Criminal Case No. 2406-M-92 for MURDER was filed on 5 November 1992 when the penalty imposable at the time for the crime of murder was reclusion temporal in its maximum period to reclusion perpetua. Significantly, the records do not show that an application for bail was filed with the court trying the criminal case. Neither do they show that such an application was filed with respondent Judge in the habeas corpusproceedings. Complainant has pointed this out in his complaint because it appears that the grant of bail to the accused by respondent Judge Cesar M. Solis and the corresponding approval of his cash bond in the amount of P25,000.00 as shown in the Orders dated 4 August 1994 (p. 27) and 8 August 1994 (p. 28), respectively, was in the thinking of the judge, a matter of right for the accused. An analysis of the submissions of respondent Judge on this point shows that in issuing the aforesaid Orders, he relied on the provisions of Sec. 14 of Rule 102 which state: Sec. 14. When person lawfully imprisoned, recommitted, and when let to bail. If it appears that the prisoner was lawfully committed, and is plainly and specifically charged in the warrant of commitment with an offense punishable by death, he shall not be released, discharged, or bailed. If he is lawfully imprisoned or restrained on a charge of having committed an offense not so punishable, he may be recommitted to imprisonment or admitted to bail in the discretion of the court or judge. If he be admitted to bail, he shall forthwith file a bond in such sum as the court or judge deems reasonable, considering the circumstances of the prisoner and the nature of the offense charged, conditioned for his appearance before the court where the offense is properly cognizable to abide its order or judgment; and the court or judge shall certify the proceedings, together with the bond, forthwith to the proper court. If such bond is not so filed, the prisoner shall be recommitted to confinement. In the Order dated 24 August 1994 (p. 16, Rollo) respondent Judge justified his reliance on the aforequoted provision pointing to Section 2, Rule 72 of the Rules of Court which provides that in the absence of special provisions, the rules provided for in ordinary actions shall, as far as practicable, be applicable in special proceedings. A habeas corpus belongs to the category of special proceedings. In the same Order, Judge Solis further argued that because of Sec. 14 of Rule 102, he took into consideration the fact that since the penalty for the crime at the time was only reclusion perpetua and not death, he did not find it necessary to apply the provisions of criminal procedure on bail. I am not convinced of the reasons proffered by respondent Judge. The accused never applied for bail. Consequently, it was improper for and erroneous of respondent judge to advocate for the accused and motu proprio grant him bail sans application. Compounding this was that despite the fact that the penalty for the crime for which the accused was detained was reclusion perpetua, no hearing was ordered by the judge to give prosecution a chance to show that the evidence against the accused was strong as to preclude bail. It is my position that the grant of bail under Sec. 14 of Rule 102 of the Rules does not do away with the basic requirements set forth in Rule 114 of the Rules on Criminal Procedure on Bail since the former merely prescribes supplemental rules on bail for habeas corpus proceedings. The argument of respondent that he merely interpreted Sec. 14 of Rule 102 to the best interest of justice and fair play considering that the murder case had been dismissed by Branch 18, the accused had been detained for a long period and that he had a family to support are specious, being irrelevant, in the face of the express requirements of the Rules. More importantly, the application of Sec. 14 of Rule 102 of the Rules is erroneous because while Sec. 14 speaks of a prisoner lawfully restrained, Mamangon in this case was being unlawfully restrained despite the dismissal of the case against him on the ground of lack jurisdiction (sic). Respondent therefore should have forthwith ordered Mamangons release from jail. Instead, he granted bail which was not even necessary. This however cannot be construed as malicious, it appearing merely to be an error of judgment. Respondents misapplication of the law was further aggravated when upon motion by prosecution and complainant herein, he cancelled the cash bond posted by Mamangon and ordered his re-arrest for the reason that such is allowed by the self-same provision upon which he based his Order granting bail to Mamangon, and considering further that [the] Mamangons release would endanger the life of complainant and that of his family and relatives. A close reading of the rule alluded to shows that while discretion is afforded the judge to grant bail, no discretion is authorized in the cancellation thereof, for the rules limit the instances under which bail may be cancelled. Thus, Sec. 22 of Rule 114 applies, quoted hereunder: Cancellation of bail bond. Upon application filed with the court and after due notice to the prosecutor, the bail bond may be cancelled upon surrender of the accused or proof of his death. The bail bond shall be deemed automatically cancelled upon acquittal of the accused or dismissal of the case or execution of the final judgment of conviction. In all instances, the cancellation shall be without prejudice to any liability of the bond. The grounds cited by respondent in cancelling Mamangons bail find no support in the abovequoted provision. Thus grave misconduct was committed by respondent when he arbitrarily cancelled Mamangons bail and ordered the latters re-arrest. For this reason, respondent must be sanctioned. On the basis of the above, the imposition of an unspecified fine was recommended. We partly agree with the findings and recommendation of the Office of the Court Administrator. On the Charge of Extortion and Dishonesty Our minds can not sit easy with regard to the charge of extortion. Respondent admitted having met complainant in the early morning of August 1, 1994, for the purpose of informing complainant that he could participate in the habeas corpus proceeding. During said meeting, respondent also admitted having told complainant of the potency of Mamangons motion for reconsideration and the amount of money which complainant would spend to hire a good lawyer to represent him in the proceeding. Respondents seemingly benign conduct of advising complainant on matters pending before respondent puzzle our minds since we are not told of any special circumstance which would justify respondents special interest over complainants concern. Respondent, however, gives no other reason for meeting and advising complainant that could dispel ill thoughts in reference to respondents motives. Any person with a reasonable mind would deduce that respondents actuation meant something much more than what he explicitly suggested, for what could be respondents reason, in mentioning the potency of Mamangons motion for reconsideration and the amount of money which complainant might spend in resisting the same, than to insinuate that complainant could save on expenses and be certain of the result by spending the same amount for the judge. Certainly, it is simply naive to say that a proposal to that effect could be done only through the use of direct words expressing respondents intention to be willing and able to decide the case in complainants favor for a consideration. Respondents pretended innocence over the perceived meaning of his insinuation is unpersuasive considering his long years in the practice of law. Thus, the intention of respondent in meeting with complainant and in giving him advise is, to say the least, far from the behavior of a member of judiciary, who should, at all times, avoid the slightest of hint of anomaly and corruption. Verily, the duty of a judge is not only to administer justice but also to conduct himself in a manner that would avoid any suspicion of irregularity. He has the avowed duty of promoting confidence in the judicial system. Thus, the Code of Judicial Conduct provides: Canon I Rule 1.01 : A judge should be the embodiment of competence, integrity and independence. Canon II Rule 2.00 : A judge should avoid impropriety and the appearance of impropriety in all activities. Rule 2.01 : A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary. A judges official conduct and his behavior in the performance of his duties should be free from appearance of impropriety and must be beyond reproach (Alazar vs. Reyes, 131 SCRA 445, 453). Any act which would give the appearance of impropriety is in itself reprehensible, calling for disciplinary action. This is the price which must be paid by one who joins the Judiciary. Whatever may have been respondent judges motive in meeting complainant, such action certainly could but be said as giving rise to questions on his honesty. Respondent judge is thus guilty of committing acts of impropriety prejudicial to the integrity of the judiciary. On Grave Abuse of Authority and Grave Misconduct and Incompetence At the outset, let it be said that respondent judge correctly ruled that the granting of the petition for habeas corpus would unduly intervene with the functions of a co-equal branch of the court, considering that the period within which to file a notice of appeal or a motion for reconsideration against the order of Judge Macapagal declaring his court to be without jurisdiction had then not yet lapsed. However, respondent, upon Mamangon filing a motion for reconsideration, released Mamangon on bail. Maliciously made it is suggested, for it was made several days after an alleged extortion attempt by respondent judge upon herein complainant Armando Contreras. The order, nonetheless, according to respondent is not devoid of any legal basis. Respondent judge cites, in this regard, Section 14 of Rule 102 of the Revised Rules of Court as his legal ground for such an order, to wit: When person lawfully imprisoned recommitted, and when let to bail. If it appears that the prisoner was lawfully committed, and is plainly and specifically charged in the warrant of commitment with an offense punishable by death, he shall not be released, discharged, or bailed. If he is lawfully imprisoned or restrained on a charge of having committed an offense not so punishable, he may be recommitted to imprisonment or admitted to bail in the discretion of the court or judge. If he be admitted to bail, he shall forthwith file a bond in such sum as the court or judge deems reasonable, considering the circumstances of the prisoner and the nature of the offense charged, conditioned for his appearance before the court where the offense is properly cognizable to abide its order or judgment; and the court or judge shall certify the proceedings, together with the bond, forthwith to the proper court. If such bond is not so filed, the prisoner shall be recommitted to confinement. Clear as the basis may be, its application is, however, erroneous. Even assuming that Mamangon was lawfully imprisoned at the outset, at the time he filed his motion for reconsideration, the decision of Judge Macapagal declaring his court to be without jurisdiction had already become final and considering that no information had been re-filed, the detention of Mamangon was untenable and illegal. An accused against whom the information has been dismissed for lack of jurisdiction may no longer be detained; the information under which the accused is being held for trial loses its force and effect. There is simply nothing to hold the accused answerable for. Section 14 of Rule 102 of the Revised Rules of Court speaks of a person lawfully imprisoned. The accused Mamangon was no longer lawfully imprisoned at the time the motion for reconsideration was filed. Thus, respondent should not have applied Section 12 of Rule 114 but instead reversed his former decision by granting the petition and ordering the release of the accused without requiring him to post bail. When the court where the criminal case was filed is without jurisdiction, the authority of the court to hold the accused in confinement pending trial is a valid subject of a petition for habeas corpus. Where the petitioner is held upon a judicial order, the writ will lie where the order is void because the court issuing it had no jurisdiction over the crime charged or over the person accused where the latter had challenged on time, the jurisdiction of the court over his person (Francisco, p. 665, Rules of Court in the Philippines Vol. V-B; citing the case of Banayo vs. President of San Pablo, 2 Phil. 413; Collins vs. Wolfe, 4 Phil. 534; Malinao et al. vs. Peterson, No. L-16464 July 26, 1960). But this remedy should not be secured before a court of equal rank in order to avoid undue interference upon the functions of another branch unless the former court has declared itself to be without jurisdiction, as in the instant case. Considering that the petition for habeas corpus should have been granted, and the accused released from jail without bail, respondent judge acted erroneously when he ordered the re-arrest of the accused. Apparently, the order of respondent to re-arrest the accused was prompted by the filing of the motion for reconsideration by the prosecution alleging that respondent committed error when he ordered the release of the accused charged with a capital offense. Believing that an error has been committed, respondent ordered the cancellation of the cash bond and the re-arrest of the accused by invoking the inherent power of the court to protect and preserve the rights of the parties and for the safety of the victims family. Unfortunately, in trying to correct his error, respondent fell into another error by ordering the re-arrest of the accused. The erroneous application of the rule by respondent nevertheless cannot be the sole basis for disciplining him. As we have ruled in the past, in order to discipline a judge, it must clearly be shown that the judgment or order is unjust as being contrary to law and that the judge rendered it with conscious and deliberate intent to do injustice (Re Climaco, 55 SCRA 107). Judges cannot be subjected to liability civil, criminal or administrative for any of their official acts, no matter how erroneous, so long as they act in good faith. It is only when they act fraudulently or corruptly, or with gross ignorance may they be held criminally or administratively responsible (Valdez vs. Valera, 81 SCRA 246). Considering the circumstances of the case at bar, we cannot hold respondent liable for his erroneous action. An erroneous decision or order is presumed to have been issued in good faith in the absence of proof to the contrary. Complainant herein alleged that the order of respondent judge releasing the accused on bail was maliciously motivated for having been issued several days after the attempted extortion. We find the decision of respondent erroneous but its malicious intent, however, may not be presumed in the absence of any evidence to prove the same. It might be suggested that, respondents ill motives may be presumed considering his actuation prior to the issuance of the questioned erroneous order. We are, however, unable to find a clear and definite connection between an attempt at extortion and the subsequent erroneous orders. It would be unjust to presume wrong intentions considering that respondents questioned orders are not totally unjustifiable. Withal, respondent judge cannot be held liable for releasing Mamangon on bail and for ordering the cancellation of his cash bond and his re-arrest. WHEREFORE, we find respondent judge guilty of committing acts of impropriety prejudicial to the integrity of the Judiciary, for which infraction he is hereby ordered to pay a fine of Two Thousand (P2,000.00), with the warning that a repetition of a similar conduct shall be dealt with more severely. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 72670 September 12, 1986 SATURNINA GALMAN, REYNALDO GALMAN and JOSE P. BENGZON, MARY CONCEPCION BAUTISTA, JOAQUIN G. BERNAS; S.J., M. BELLARMINE BERNAS, O.S.B., FRANCISCO I. CHAVEZ, SOLITA COLLAS-MONSOD, SANTIAGO DUMLAO, JR., MARIA FERIA, MARCELO B. FERNAN, FRANCISCO GARCHITORENA, * ANDREW GONZALEZ, JOSE C. LAURETA, SALVADOR P. LOPEZ, FELIX K. MARAMBA, JR., CECILIA MUOZ PALMA. JAIME V. ONGPIN, FELIX PEREZ, JOSE B.L. REYES, JOSE E. ROMERO, JR., RAMON DEL ROSARIO, JR., RICARDO J. ROMULO, AUGUSTO SANCHEZ, EMMANUEL V. SORIANO, DAVID SYCIP, ENRIQUE SYQUIA, CRISTINA TAN, JESUS VARGAS, BERNARDO M. VILLEGAS, VICENTE JAYME, **,petitioners, vs. SANDIGANBAYAN, FIRST DIVISION (represented by Justice Manuel Pamaran, Chairman, and Justices Augusto Amores and Bienvenido Vera Cruz, Members), JUSTICE BERNARDO FERNANDEZ (Ombudsman) and GEN. FABIAN C. VER, MAJ. GEN. PROSPERO A. OLIVAS, BRIG. GEN. LUFHER A. CUSTODIO, COL. ARTURO G. CUSTODIO, COL. VICENTE B. TIGAS, JR., CAPT. FELIPE VALERIO, CAPT. LLEWELYN KAVINTA, CAPT. ROMEO M. BAUTISTA, 2nd LT. JESUS CASTRO, SGT. PABLO MARTINEZ, SGT. ARNULFO DE MESA, SGT. TOMAS FERNANDEZ, SGT. CLARO LAT, SGT. FILOMENO MIRANDA, SGT. ROLANDO C. DE GUZMAN, SGT. ERNESTO M. MATEO, SGT. RODOLFO M. DESOLONG, SGT. LEONARDO MOJICA, SGT. PEPITO TORIO, SGT. ARMANDO DELA CRUZ, SGT. PROSPERO A. BONA, CIC ROGELIO MORENO, CIC MARIO LAZAGA, AIC CORDOVA G. ESTELO, AIC ANICETO ACUPIDO and HERMILO GOSUICO, *** , respondents. Lupino Lazaro and Arturo M. de Castro for petitioners. Antonio R. Coronel for respondents Gen. Ver and Col. Tigas, Jr. Rodolfo U. Jimenez for respondent Brig. Gen. Custodio. Ramon M. Bernaldo for respondent H. Gosuico. Romulo Quimbo for respondent B. Vera Cruz. Norberto J. Quisumbing for respondent P. Olivas. Felix Solomon for respondent Col. A. Custodio. Alfonso S. Cruz for B. Fernandez. Edgardo B. Gayos for M. Pamaran. R E S O L U T I O N
TEEHANKEE, C.J .: Last August 21st, our nation marked with solemnity and for the first time in freedom the third anniversary of the treacherous assassination of foremost opposition leader former Senator Benigno "Ninoy" Aquino, Jr. imprisoned for almost eight years since the imposition of martial law in September, 1972 by then President Ferdinand E. Marcos, he was sentenced to death by firing squad by a military tribunal for common offenses alleged to have been committed long before the declaration of martial law and whose jurisdiction over him as a civilian entitled to trial by judicial process by civil courts he repudiated. Ninoy pleaded in vain that the military tribunals are admittedly not courts but mere instruments and subject to the control of the President as created by him under the General Orders issued by him as Commander-in-Chief of the Armed Forces of the Philippines, and that he had already been publicly indicted and adjudged guilty by the President of the charges in a nationwide press conference held on August 24, 1971 when he declared the evidence against Ninoy "not only strong but overwhelming ." 1 This followed the Plaza Miranda bombing of August 21, 1971 of the proclamation rally of the opposition Liberal Party candidates for the November, 1971 elections (when eight persons were killed and practically all of the opposition candidates headed by Senator Jovito Salonga and many more were seriously injured), and the suspension of the privilege of the writ of habeas corpus under Proclamation No. 889 on August 23, 1971. The massacre was instantly attributed to the communists but the truth has never been known. But the then President never filed the said charges against Ninoy in the civil courts. Ninoy Aquino was nevertheless thereafter allowed in May, 1980 to leave the country to undergo successful heart surgery. After three years of exile and despite the regime's refusal to give him a passport, he sought to return home "to strive for a genuine national reconciliation founded on justice." He was to be cold-bloodedly killed while under escort away by soldiers from his plane that had just landed at the Manila International Airport on that fateful day at past 1 p.m. His brain was smashed by a bullet fired point blank into the back of his head by a murderous assassin, notwithstanding that the airport was ringed by airtight security of close to 2,000 soldiers and "from a military viewpoint, it (was) technically impossible to get inside (such) a cordon." 2 The military investigators reported within a span of three hours that the man who shot Aquino (whose identity was then supposed to be unknown and was revealed only days later as Rolando Galman, although he was the personal friend of accused Col. Arturo Custodio who picked him up from his house on August 17, 1983) was a communist-hired gunman, and that the military escorts gunned him down in turn. The military later filmed a re-enactment of the killing scripted according to this version and continuously replayed it on all TV channels as if it were taken live on the spot. The then President instantly accepted the military version and repeated it in a nationally televised press conference that he gave late in the evening of August 22, 1983, wherein he said, in order to induce disbelief that the military had a hand in the killing, that "if the purpose was to eliminate Aquino, this was not the way to do it." The national tragedy shocked the conscience of the entire nation and outraged the free world. The large masses of people who joined in the ten-day period of national mourning and came out in millions in the largest and most orderly public turnout for Ninoy's funeral reflected their grief for his martyrdom and their yearning for the truth, justice and freedom. The then President was constrained to create a Fact Finding Board 3 to investigate "the treacherous and vicious assassination of former Senator Benigno S. Aquino, Jr. on August 21, 1983 [which] has to all Filipinos become a national tragedy and national shame specially because of the early distortions and exaggerations in both foreign and local media 4 so that all right thinking and honest men desire to ventilate the truth through fare, independent and dispassionate investigation by prestigious and free investigators." After two false starts, 5 he finally constituted the Board 6 on October 22, 1983 which held 125 hearing days commencing November 3, 1983 (including 3 hearings in Tokyo and 8 hearings in Los Angeles, California) and heard the testimonies of 194 witnesses recorded in 20,377 pages of transcripts, until the submission of their minority and majority reports to the President on October 23 and 24, 1984. This was to mark another first anywhere in the world wherein the minority report was submitted one day ahead by the ponente thereof, the chairman, who was received congenially and cordially by the then President who treated the report as if it were the majority report instead of a minority report of one and forthwith referred it to respondent Tanodbayan "for final resolution through the legal system" and for trial in the Sandiganbayan which was better known as a graft court; and the majority report of the four other members was submitted on the following day to the then President who coldly received them and could scarcely conceal his instant rejection of their report with the grim statement that "I hope you can live with your conscience with what you have done." The fact is that both majority and minority reports were one in rejecting the military version as propounded by the chief investigator, respondent Gen. Olivas, that Rolando Galman was the NPA- hired assassin, stating that "the evidence shows [to the contrary] that Rolando Galman had no subversive affiliations." They were in agreement that "only the soldiers in the staircase with Sen. Aquino could have shot him;" that Galman, the military's "fall guy" was "not the assassin of Sen. Aquino and that "the SWAT troopers who gunned down Galman and the soldiers who escorted Sen. Aquino down the service stairs, deliberately and in conspiracy with one another, gave a perjured story to us regarding the alleged shooting by Galman of Sen. Aquino and the mowing down, in turn, of Galman himself;" in short, that Ninoy's assassination was the product of a military conspiracy, not a communist plot The only difference between the two reports is that the majority report found all the twenty-six private respondents abovenamed in the title of the case headed by then AFP Chief General Fabian C. Ver involved in the military conspiracy and therefore "indictable for the premeditated killing of Senator Benigno S. Aquino, Jr. and Rolando Galman at the MIA on August 21, 1983;" while the chairman's minority report would exclude nineteen of them and limit as plotters "the six persons who were on the service stairs while Senator Aquino was descending" and "General Luther Custodio . . . because the criminal plot could not have been planned and implemented without his intervention." The chairman wrote in her minority report (somewhat prophetically) that "The epilogue to our work lies in what will transpire in accordance with the action that the Office of the President may thereafter direct to be taken. "The four-member majority report (also prophetically) wrote in the epilogue (after warning the forces who adhere to an alien and intolerable political ideology against unscrupulously using the report "to discredit our traditionally revered institutions"), that "the tragedy opened our eyes and for the first time confirmed our worst fears of what unchecked evil would be capable of doing." They wrote: The task of the Board was clear and unequivocal. This task was not only to determine the facts and circumstances surrounding the death of the late former Senator. Of greater significance is the awesome responsibility of the Board to uphold righteousness over evil, justice over injustice, rationality over irrationality, humaneness over inhumanity. The task was indeed a painful test, the inevitable result of which will restore our country's honored place among the sovereign nations of the free world where peace, law and order, freedom, and justice are a way of life. More than any other event in contemporary Philippine history, the killing of the late former Senator Aquino has brought into sharper focus, the ills pervading Philippine society. It was the concretization of the horror that has been haunting this country for decades, routinely manifested by the breakdown of peace and order, economic instability, subversion, graft and corruption, and an increasing number of abusive elements in what are otherwise noble institutions in our country-the military and law enforcement agencies. We are, however, convinced that, by and large, the great majority of the officers and men of these institutions have remained decent and honorable, dedicated to their noble mission in the service of our country and people. The tragedy opened our eyes and for the first time confirmed our worst fears of what unchecked evil would be capable of doing. As former Israeli Foreign Minister Abba Eban observes. "Nobody who has great authority can be trusted not to go beyond its proper limits." Social apathy, passivity and indifference and neglect have spawned in secret a dark force that is bent on destroying the values held sacred by freedom- loving people. To assert our proper place in the civilized world, it is imperative that public officials should regard public service as a reflection of human Ideals in which the highest sense of moral values and integrity are strictly required. A tragedy like that which happened on August 21, 1983, and the crisis that followed, would have normally caused the resignation of the Chief of the Armed Forces in a country where public office is viewed with highest esteem and respect and where the moral responsibilities of public officials transcend all other considerations. It is equally the fact that the then President through all his recorded public acts and statements from the beginning disdained and rejected his own Board's above findings and insisted on the military version of Galman being Ninoy's assassin. In upholding this view that "there is no involvement of anyone in his government in the assassination," he told David Briscoe (then AP Manila Bureau Chief in a Radio-TV interview on September 9, 1983 that "I am convinced that if any member of my government were involved, I would have known somehow ... Even at a fairly low level, I would have known. I know how they think. I know what they are thinking of." 7 He told CBS in another interview in May, 1984 (as his Fact Finding Board was holding its hearings) the following: CBS: But indeed there has been recent evidence that seems to contradict earlier reports, namely, the recent evidence seems to indicate that some of the guards may have been responsible (for shooting Ninoy). MARCOS: Well, you are of course wrong. What you have been reading are the newspapers and the newspaper reports have been biased. The evidence still proves that Galman was the killer. The evidence also shows that there were intelligence reports connecting the communist party to the killing. 8 In his reply of October 25, 1984 to General Ver's letter of the same date going on leave of absence upon release of the Board's majority report implicating him, he wrote that "(W)e are even more aware, general, that the circumstances under which the board has chosen to implicate you in its findings are fraught with doubt and great contradictions of opinion and testimony. And we are deeply disturbed that on the basis of so-called evidence, you have been so accused by some members of the Board," and extended "My very best wishes to you and your family for a speedy resolution of your case," 9 even as he announced that he would return the general to his position as AFP Chief "if he is acquitted by the Sandiganbayan." In an interview on June 4, 1985 with the Gamma Photo Agency, as respondent court was hearing the cases, he was quoted as saying that "as will probably be shown, those witnesses (against the accused) are perjured witnesses." 10
It was against this setting that on November 11, 1985 petitioners Saturnina Galman and Reynaldo Galman, mother and son, respectively, of the late Rolando Galman, and twenty-nine (29) other petitioners, composed of three former Justices of this Court, five incumbent and former university presidents, a former AFP Chief of Staff, outstanding members of the Philippine Bar and solid citizens of the community, filed the present action alleging that respondents Tanodbayan and Sandiganbayan committed serious irregularities constituting mistrial and resulting in miscarriage of justice and gross violation of the constitutional rights of the petitioners and the sovereign people of the Philippines to due process of law. They asserted that the Tanodbayan did not represent the interest of the people when he failed to exert genuine and earnest efforts to present vital and important testimonial and documentary evidence for the prosecution and that the Sandiganbayan Justices were biased, prejudiced and partial in favor of the accused, and that their acts "clouded with the gravest doubts the sincerity of government to find out the truth about the Aquino assassination." Petitioners prayed for the immediate issuance of a temporary restraining order restraining the respondent Sandiganbayan from rendering a decision on the merits in the pending criminal cases which it had scheduled on November 20, 1985 and that judgment be rendered declaring a mistrial and nullifying the proceedings before the Sandiganbayan and ordering a re-trial before an impartial tribunal by an unbiased prosecutor. 10 -a At the hearing on November 18, 1985 of petitioners' prayer for issuance of a temporary restraining order enjoining respondent court from rendering a decision in the two criminal cases before it, the Court resolved by nine-to-two votes 11 to issue the restraining order prayed for. The Court also granted petitioners a five-day period to file a reply to respondents' separate comments and respondent Tanodbayan a three- day period to submit a copy of his 84-page memorandum for the prosecution as filed in the Sandiganbayan, the signature page of which alone had been submitted to the Court as Annex 5 of his comment. But ten days later on November 28, 1985, the Court by the same nine-to- two-vote ratio in reverse, 12 resolved to dismiss the petition and to lift the temporary restraining order issued ten days earlier enjoining the Sandiganbayan from rendering its decision. 13 The same Court majority denied petitioners' motion for a new 5-day period counted from receipt of respondent Tanodbayan's memorandum for the prosecution (which apparently was not served on them and which they alleged was "very material to the question of his partiality, bias and prejudice" within which to file a consolidated reply thereto and to respondents' separate comments, by an eight-to-three vote, with Justice Gutierrez joining the dissenters. 14
On November 29, 1985, petitioners filed a motion for reconsideration, alleging that the dismissal did not indicate the legal ground for such action and urging that the case be set for a full hearing on the merits because if the charge of partiality and bias against the respondents and suppression of vital evidence by the prosecution are proven, the petitioners would be entitled to the reliefs demanded: The People are entitled to due process which requires an impartial tribunal and an unbiased prosecutor. If the State is deprived of a fair opportunity to prosecute and convict because certain material evidence is suppressed by the prosecution and the tribunal is not impartial, then the entire proceedings would be null and void. Petitioners prayed that the Sandiganbayan be restrained from promulgating their decision as scheduled anew on December 2, 1985. On December 5, 1985, the Court required the respondents to comment on the motion for reconsideration but issued no restraining order. Thus, on December 2, 1985, as scheduled, respondent Sandiganbayan issued its decision acquitting all the accused of the crime charged, declaring them innocent and totally absolving them of any civil liability. This marked another unusual first in that respondent Sandiganbayan in effect convicted the very victim Rolando Galman (who was not on trial) as the assassin of Ninoy contrary to the very information and evidence submitted by the prosecution. In opposition, respondents submitted that with the Sandiganbayan's verdict of acquittal, the instant case had become moot and academic. On February 4, 1986, the same Court majority denied petitioners' motion for reconsideration for lack of merit, with the writer and Justice Abad Santos maintaining our dissent. On March 20, 1986, petitioners filed their motion to admit their second motion for reconsideration attached therewith. The thrust of the second motion for reconsideration was the startling and theretofore unknown revelations of Deputy Tanodbayan Manuel Herrera as reported in the March 6, 1986 issue of the Manila Times entitled "Aquino Trial a Sham," that the then President had ordered the respondents Sandiganbayan and Tanodbayan Bernardo Fernandez and the prosecution panel headed by Herrera to whitewash the criminal cases against the 26 respondents accused and produce a verdict of acquittal. On April 3, 1986, the Court granted the motion to admit the second motion for reconsideration and ordered the respondents to comment thereon. 15
Respondent Tanodbayan Bernardo Fernandez stated in his Manifestation filed on April 11, 1986 that he had ceased to hold office as Tanodbayan as of April 8, 1986 when he was replaced by the new Tanodbayan, Raul M. Gonzales, but reiterating his position in his comment on the petition, he added "relative to the reported alleged revelations of Deputy Tanodbayan Manuel Herrera, herein respondent never succumbed to any alleged attempts to influence his actuations in the premises, having instead successfully resisted perceived attempts to exert pressure to drop the case after preliminary investigation, and actually ordered the filing and prosecution of the two (2) murder cases below against herein private party respondents." He candidly admitted also in his memorandum: "There is not much that need be said about the existence of pressure. That there were pressures can hardly be denied; in fact, it has never been denied." 15 - a He submitted that "even as he vehemently denies insinuations of any direct or indirect complicity or participation in any alleged attempt to supposedly whitewash the cases below, . . . should this Honorable Court find sufficient cause to justify the reopening and retrial of the cases below, he would welcome such development so that any wrong that had been caused may be righted and so that, at the very least the actuations of herein respondent in the premises may be reviewed and reexamined, confident as he is that the end will show that he had done nothing in the premises that violated his trust as Tanodbayan (Ombudsman)." New Tanodbayan Raul M. Gonzales in his comment of April 14, 1986 "interposed no objection to the reopening of the trial of the cases . . . as, in fact, he urged that the said cases be reopened in order that justice could take its course." Respondents Justices of the Sandiganbayan First Division in their collective comment of April 9, 1986 stated that the trial of the criminal cases by them was valid and regular and decided on the basis of evidence presented and the law applicable, but manifested that "if it is true that the former Tanodbayan and the Deputy Tanodbayan, Chief of the Prosecution Panel, were pressured into suppressing vital evidence which would probably alter the result of the trial, Answering Respondents would not interpose any objection to the reopening of those cases, if only to allow justice to take its course." Respondent Sandiganbayan Justice Bienvenido C. Vera Cruz, in a separate comment, asserted that he passed no note to anyone; the note being bandied about is not in his handwriting; he had nothing to do with the writing of the note or of any note of any kind intended for any lawyer of the defense or even of the prosecution; and requested for an investigation by this Court to settle the note passing issue once and for all. Deputy Tanodbayan Manuel Herrera, in his comment of April 14, 1986 affirmed the allegations in the second motion for reconsideration that he revealed that the Sandiganbayan Justices and Tanodbayan prosecutors were ordered by Marcos to whitewash the Aquino-Galman murder case. He amplified his revelations, as follows: 1. AB INITIO, A. VERDICT OF ACQUITTAL! Incidents during the preliminary investigation showed ominous signs that the fate of the criminal case on the death of Ex-Senator Benigno Aquino and Rolando Galman on August 21, 1983 was doomed to an ignominous end. Malacanang wanted dismissal-to the extent that a prepared resolution was sent to the Investigating Panel (composed of the undersigned, Fiscals Ernesto Bernabe and Leonardo Tamayo) for signature. This, of course, was resisted by the panel, and a resolution charging all the respondents as principals was forwarded to the Tanodbayan on January 10, 1985. 2. MALACAANG CONFERENCE PLANNED SCENARIO OF TRIAL At 6:00 p.m. of said date (January 10) Mr. Ferdinand E. Marcos (the former President) summoned to Malacaang Justice Bernardo Fernandez (the Tanodbayan), Sandiganbayan Justice Manuel Pamaran (the Presiding Justice) and an the members of the Panel Also present at the meeting were Justice Manuel Lazaro (the Coordinator) and Mrs. Imelda R. Marcos, who left earlier, came back and left again. The former President had a copy of the panel's signed resolution (charging all accused as principals), evidently furnished him in advance, and with prepared notes on the contents thereof. The former President started by vehemently maintaining that Galman shot Aquino at the tarmac. Albeit initially the undersigned argued against the theory, to remain silent was the more discreet posture when the former President became emotional (he was quite sick then). During a good part of the conference, the former President talked about Aquino and the communists, lambasting the Agrava Board, specially the Legal Panel. Shifting to the military he rumbled on such statements as: "It will be bloody . . . Gen. Ramos, though close to me, is getting ambitious and poor Johnny does not know what to do". . . 'our understanding with Gen. Ramos is that his stint is only temporary, but he is becoming ambitious "the boys were frantic when they heard that they will be charged in court, and wig be detained at city jail." From outright dismissal, the sentiment veered towards a more pragmatic approach. The former President more or less conceded that for political and legal reasons all the respondents should be charged in court, Politically, as it will become evident that the government was serious in pursuing the case towards its logical conclusion, and thereby ease public demonstrations; on the other hand, legally, it was perceived that after (not IF) they are acquitted, double jeopardy would inure. The former President ordered then that the resolution be revised by categorizing the participation of each respondent. In the matter of custody of the accused pendente lite the Coordinator was ordered to get in touch with Gen. Narciso Cabrera, Gen. Vicente Eduardo and Director Jolly Bugarin to put on record that they had no place in their respective institutions. The existence of PD No. 1950 (giving custody to commanding officers of members of AFP charged in court) was never mentioned. It was decided that the presiding justice (First Division) would personally handle the trial, and assurance was made by him that it would be finished in four to six months, pointing out that, with the recent effectivity of the New Rules on Criminal Procedure, the trial could be expedited. Towards the end of the two-hour meeting and after the script had been tacitly mapped out, the former President uttered: "Mag moro-moro na lang kayo." The parting words of the former President were: "Thank you for your cooperation. I know how to reciprocate." While still in the palace grounds on the way out, the undersigned manifested his desire to the Tanodbayan to resign from the panel, or even the office. This, as well as other moves to this effect, had always been refused. Hoping that with sufficient evidence sincerely and efficiently presented by the prosecution, all involves in the trial would be conscience-pricked and realize the futility and injustice of proceeding in accordance with the script, the undersigned opted to say on. Herrera further added details on the "implementation of the script," such as the holding of a "make- believe raffle" within 18 minutes of the filing of the Informations with the Sandiganbayan at noon of January 23, 1985, while there were no members of the media; the installation of TV monitors directly beamed to Malacanang; the installation of a "war room" occupied by the military; attempts to direct and stifle witnesses for the prosecution; the suppression of the evidence that could be given by U.S. Airforce men about the "scrambling" of Ninoy's plane; the suppression of rebuttal witnesses and the bias and partiality of the Sandiganbayan; its cavalier disregard of his plea that it "should not decide these cases on the merits without first making a final ruling on the Motion for Inhibition;" and the Presiding Justice's over-kill with the declaration that "the Court finds all accused innocent of the crimes charged in the two informations, and accordingly, they incur neither criminal nor civil liability," adding that "in the almost twenty years that the undersigned has been the prosecutor in the sala of the Presiding Justice this is the only occasion where civil liability is pronounced in a decision of acquittal. " He "associated himself with the motion for reconsideration and likewise prayed that the proceedings in the Sandiganbayan and its decision be declared null and void." New Solicitor General Sedfrey Ordoez' comment of April 25, 1986 submitted that a declaration of mistrial will depend on the veracity of the evidence supportive of petitioners' claim of suppression of evidence and collusion. He submitted that this would require reception of evidence by a Court- appointed or designated commissioner or body of commissioners (as was done in G.R. No. 71316, Fr. Romano case; and G.R. No. 61016, Morales case; and G.R. No. 70054, Banco Filipino case); and that if petitioners' claim were substantiated, a reopening of the double murder case is proper to avoid a miscarriage of justice since the verdict of acquittal would no longer be a valid basis for a double jeopardy claim. Respondents-accused opposed the second motion for reconsideration and prayed for its denial. Respondent Olivas contended that the proper step for the government was to file a direct action to annul the judgment of acquittal and at a regular trial present its evidence of collusion and pressures. As a whole, all the other respondents raised the issue of double jeopardy, and invoked that the issues had become moot and academic because of the rendition of the Sandiganbayan's judgment of acquittal of all respondents- accused on December 2, 1985, with counsels for respondents Ver and Tigas, as well as Olivas, further arguing that assuming that the judgment of acquittal is void for any reason, the remedy is a direct action to annul the judgment where the burden of proof falls upon the plaintiff to establish by clear, competent and convincing evidence the cause of the nullity. After Petitioners had filed their consolidated reply, the Court resolved per its resolution of June 5, 1986 to appoint a three-member commission composed of retired Supreme Court Justice Conrado Vasquez, chairman, and retired Intermediate Appellate Court Justices Milagros German and Eduardo Caguioa as members, to hear and receive evidence, testimonial and documentary, of the charges of collusion and pressures and relevant matters, upon prior notice to all parties, and to submit their findings to this Court for proper disposition. The Commission conducted hearings on 19 days, starting on June 16, 1986 and ending on July 16, 1986, On the said last day, respondents announced in open hearing that they decided to forego the taking of the projected deposition of former President Marcos, as his testimony would be merely corroborative of the testimonies of respondents Justice Pamaran and Tanodbayan Fernandez. On July 31, 1986, it submitted its extensive 64-page Report 16 wherein it discussed fully the evidence received by it and made a recapitulation of its findings in capsulized form, as follows: 1. The Office of the Tanodbayan, particularly Justice Fernandez and the Special Investigating Panel composed of Justice Herrera, Fiscal Bernabe and Special Prosecutor Tamayo, was originally of the view that all of the twenty-six (26) respondents named in the Agrava Board majority report should all be charged as principals of the crime of double murder for the death of Senator Benigno Aquino and Rolando Galman. 2. When Malacanang learned of the impending filing of the said charge before the Sandiganbayan, the Special Investigating Panel having already prepared a draft Resolution recommending such course of action, President Marcos summoned Justice Fernandez, the tree members of the Special Investigating Panel, and justice Pamaran to a conference in Malacanang in the early evening of January 10, 1985. 3. In said conference, President Marcos initially expressed his disagreement with the recommendation of the Special Investigating Panel and disputed the findings of the Agrava Board that it was not Galman who shot Benigno Aquino. 4. Later in the conference, however, President Marcos was convinced of the advisability of filing the murder charge in court so that, after being acquitted as planned, the accused may no longer be prosecuted in view of the doctrine of double jeopardy. 5. Presumably in order to be assured that not all of the accused would be denied bail during the trial, considering that they would be charged with capital offenses, President Marcos directed that the several accused be "categorized" so that some of them would merely be charged as accomplices and accessories. 6. In addition to said directive, President Marcos ordered that the case be handled personally by Justice Pamaran who should dispose of it in the earliest possible time. 7. The instructions given in the Malacanang conference were followed to the letter; and compliance therewith manifested itself in several specific instances in the course of the proceedings, such as, the changing of the resolution of the special investigating panel, the filing of the case with the Sandiganbayan and its assignment to Justice Pamaran, suppression of some vital evidence, harassment of witnesses, recantation of witneses who gave adverse testimony before the Agrava Board, coaching of defense counsels, the hasty trial, monitoring of proceedings, and even in the very decision rendered in the case. 8. That that expression of President Marcos' desire as to how he wanted the Aquino- Galman case to be handled and disposed of constituted sufficient pressure on those involved in said task to comply with the same in the subsequent course of the proceedings. 9. That while Justice Pamaran and Justice Fernandez manifested no revulsion against complying with the Malacaang directive, justice Herrera played his role with manifestly ambivalent feelings. 10. Sufficient evidence has been ventilated to show a scripted and pre-determined manner of handling and disposing of the Aquino-Galman murder case, as stage- managed from Malacaang and performed by willing dramatis personnae as well as by recalcitrant ones whipped into line by the omnipresent influence of an authoritarian ruler. The Commission submitted the following recommendation. Considering the existence of adequate credible evidence showing that the prosecution in the Aquino-Galman case and the Justices who tried and decided the same acted under the compulsion of some pressure which proved to be beyond their capacity to resist, and which not only prevented the prosecution to fully ventilate its position and to offer all the evidences which it could have otherwise presented, but also predetermined the final outcome of the case, the Commission is of the considered thinking and belief, subject to the better opinion and judgment of this Honorable Court that the proceedings in the said case have been vitiated by lack of due process, and hereby respectfully recommends that the prayer in the petition for a declaration of a mistrial in Sandiganbayan Cases Nos. 10010 and 10011 entitled "People vs. Luther Custodia et al.," be granted. The Court per its Resolution of July 31, 1986 furnished all the parties with copies of the Report and required them to submit their objections thereto. It thereafter heard the parties and their objections at the hearing of August 26, 1986 and the matter was submitted for the Court's resolution. The Court adopts and approves the Report and its findings and holds on the basis thereof and of the evidence received and appreciated by the Commission and duly supported by the facts of public record and knowledge set forth above and hereinafter, that the then President (code named Olympus) had stage-managed in and from Malacanang Palace "a scripted and pre-determined manner of handling and disposing of the Aquino-Galman murder case;" and that "the prosecution in the Aquino Galman case and the Justices who tried and decided the same acted under the compulsion of some pressure which proved to be beyond their capacity to resist', and which not only prevented the prosecution to fully ventilate its position and to offer all the evidences which it could have otherwise presented, but also pre-determined the final outcome of the case" of total absolution of the twenty-six respondents accused of all criminal and civil liability. The Court finds that the Commission's Report (incorporated herein by reference) and findings and conclusions are duly substantiated by the evidence and facts of public record. Composed of distinguished members of proven integrity with a combined total of 141 years of experience in the practice of law (55 years) and in the prosecutoral and judicial services (86 years in the trial and appellate courts), experts at sifting the chaff from the grain, 17 the Commission properly appraised the evidences presented and denials made by public respondents, thus: The desire of President Marcos to have the Aquino-Galman case disposed of in a manner suitable to his purposes was quite understandable and was but to be expected. The case had stirred unprecedented public outcry and wide international attention. Not invariably, the finger of suspicion pointed to those then in power who supposedly had the means and the most compelling motive to eliminate Senator Aquino. A day or so after the assassination, President Marcos came up with a public statement aired over television that Senator Aquino was killed not by his military escorts, but by a communist hired gun. It was, therefore, not a source of wonder that President Marcos would want the case disposed of in a manner consistent with his announced theory thereof which, at the same time, would clear his name and his administration of any suspected guilty participation in the assassination. The calling of the conference was undoubtedly to accomplish this purpose. . . . President Marcos made no bones to conceal his purpose for calling them. From the start, he expressed irritation and displeasure at the recommendation of the investigating panel to charge all of the twenty-six (26) respondents as principals of the crime of double murder. He insisted that it was Galman who shot Senator Aquino, and that the findings of the Agrava Board were not supported by evidence that could stand in court. He discussed and argued with Justice Herrera on this point. Midway in the course of the discussion, mention was made that the filing of the charge in court would at least mollify public demands and possibly prevent further street demonstrations. It was further pointed out that such a procedure would be a better arrangement because, if the accused are charged in court and subsequently acquitted, they may claim the benefit of the doctrine of double jeopardy and thereby avoid another prosecution if some other witnesses shall appear when President Marcos is no longer in office. xxx xxx xxx After an agreement was reached as to filing the case, instead of dismissing it, but with some of the accused to be charged merely as accomplices or accessories, and the question of preventive custody of the accused having thereby received satisfactory solution, President Marcos took up the matter of who would try the case and how long it would take to be finished. According to Justice Herrera, President Marcos told Justice Pamaran 'point blank' to personally handle the case. This was denied by Justice Pamaran. No similar denial was voiced by Justice Fernandez in the entire course of his two-day testimony. Justice Pamaran explained that such order could not have been given inasmuch as it was not yet certain then that the Sandiganbayan would try the case and, besides, cases therein are assigned by raffle to a division and not to a particular Justice thereof. It was preposterous to expect Justice Pamaran to admit having received such presidential directive. His denial, however, falls to pieces in the light of the fact that the case was indeed handled by him after being assigned to the division headed by him. A supposition of mere coincidence is at once dispelled by the circumstance that he was the only one from the Sandiganbayan called to the Malacanang conference wherein the said directive was given. . . . The giving of such directive to Justice Pamaran may also be inferred from his admission that he gave President Marcos the possible time frame when asked as to how long it would take him to finish the case. The testimony of Justice Herrera that, during the conference, and after an agreement was reached on filing the case and subsequently acquitting the accused, President Marcos told them "Okay, mag moro-moro na lamang kayo;" and that on their way out of the room President Marcos expressed his thanks to the group and uttered "I know how to reciprocate," did not receive any denial or contradiction either on the part of justice Fernandez or justice Pamaran. (No other person present in the conference was presented by the respondents. Despite an earlier manifestation by the respondents of their intention to present Fiscal Bernabe and Prosecutor Tamayo, such move was abandoned without any reason having been given therefor.) The facts set forth above are all supported by the evidence on record. In the mind of the Commission, the only conclusion that may be drawn therefrom is that pressure from Malacanang had indeed been made to bear on both the court and the prosecution in the handling and disposition of the Aquino-Galman case. The intensity of this pressure is readily deductible from the personality of the one who exerted it, his moral and official ascendancy over those to whom his instructions were directed, the motivation behind such instructions, and the nature of the government prevailing at that time which enabled, the then head of state to exercise authoritarian powers. That the conference called to script or stage-manage the prosecution and trial of the Aquino-Galman case was considered as something anomalous that should be kept away from the public eye is shown by the effort to assure its secrecy.None but those directly involved were caned to attend. The meeting was held in an inner room of the Palace. Only the First Lady and Presidential Legal Assistant Justice Lazaro were with the President. The conferees were told to take the back door in going to the room where the meeting was held, presumably to escape notice by the visitors in the reception hall waiting to see the President. Actually,no public mention alas ever made of this conference until Justice Herrera made his expose some fifteen (15) months later when the former president was no longer around. President Marcos undoubtedly realized the importance of the matter he wanted to take up with the officials he asked to be summoned. He had to do it personally, and not merely through trusted assistants. The lack of will or determination on the part of Justice Fernandez and Justice Pamaran to resist the presidential summons despite their realization of its unwholesome implications on their handling of the celebrated murder case may be easily inferred from their unquestioned obedience thereto. No effort to resist was made, despite the existence of a most valid reason to beg off, on the lame excuses that they went there out of "curiosity," or "out of respect to the Office of the President," or that it would be 'unbecoming to refuse a summons from the President.' Such frame of mind only reveals their susceptibility to presidential pressure and lack of capacity to resist the same. The very acts of being summoned to Malacanang and their ready acquiescence thereto under the circumstances then obtaining, are in themselves pressure dramatized and exemplified Their abject deference to President Marcos may likewise be inferred from the admitted fact that, not having been given seats during the two-hour conference (Justice Fernandez said it was not that long, but did not say how long) in which President Marcos did the talking most of the time, they listened to him on their feet. Verily, it can be said that any avowal of independent action or resistance to presidential pressure became illusory from the very moment they stepped inside Malacanang Palace on January 10, 1985.18 The Commission pinpointed the crucial factual issue thus: "the more significant inquiry is on whether the Sandiganbayan and the Office of the Tanodbayan actually succumbed to such pressure, as may be gauged by their subsequent actuations in their respective handling of the case." It duly concluded that "the pressure exerted by President Marcos in the conference held on January 10, 1985 pervaded the entire proceedings of the Aquino Galman [murder] cases" as manifested in several specific incidents and instances it enumerated in the Report under the heading of "Manifestations of Pressure and Manipulation." Suffice it to give hereinbelow brief excerpts: 1. The changing of the original Herrera panel draft Resolution charging all the twenty-six accused as principals by conspiracy by categorizing and charging 17 as principals, Generals Ver and Olivas and 6 others as accessories and the civilian as accomplice, and recommending bail for the latter two categories: "The categorization may not be completely justified by saying that, in the mind of Justice Fernandez, there was no sufficient evidence to justify that all of the accused be charged as principals. The majority of the Agrava Board found the existence of conspiracy and recommended that all of the accused be charged accordingly. Without going into the merit of such finding, it may hardly be disputed that, in case of doubt, and in accordance with the standard practice of the prosecution to charge accused with the most serious possible offense or in the highest category so as to prevent an incurable injustice in the event that the evidence presented in the trial will show his guilt of the graver charge, the most logical and practical course of action should have been, as originally recommended by the Herrera panel, to charge all the accused as principals. As it turned out, Justice Fernandez readily opted for categorization which, not surprisingly, was in consonance with the Malacaang instruction." It is too much to attribute to coincidence that such unusual categorization came only after the then President's instruction at Malacanang when Gen. Ver's counsel, Atty. Coronel, had been asking the same of Tanodbayan Fernandez since November, 1984; and "Justice Fernandez himself, admit(ted) that, as of that time, [the Malacanang conference on January 10, 1985], his own view was in conformity with that of the Special Investigating Panel to charge all of the twenty-six (26) respondents as principals of the crime of double murder." 19 As the Commission further noted, "Justice Fernandez never denied the claim of Justice Herrera that the draft resolution of January 10, 1985 (Exhibit 'B-1') [charging all 26 accused as principals] was to have been the subject of a press conference on the afternoon of said date which did not go through due to the summons for them to go to Malacanang in the early evening of said date." 20
2. Suppression of vital evidence and harassment of witnesses:" Realizing, no doubt, that a party's case is as strong as the evidence it can present, unmistakable and persistent efforts were exerted in behalf of the accused to weaken the case of the prosecution and thereby assure and justify [the accused's] eventual scripted acquittal. Unfavorable evidences were sought to be suppressed, and some were indeed prevented from being ventilated. Adverse witnesses were harassed, cajoled, perjured or threatened either to refrain from testifying or to testify in a manner favorable to the defense." The Report specified the ordeals of the prosecution witnesses: 21 Cesar Loterina, PAL employee, Roberta Masibay, Galman's step-daughter who recanted their testimonies before the Fact Finding Board and had to be discarded as prosecution witnesses before at the trial. Witnesses Viesca andRaas who also testified before the Board "disappeared all of a sudden and could not be located by the police. The Commission narrated the efforts to stifle Kiyoshi Wakamiya eyewitness who accompanied Ninoy on his fateful flight on August 21, 1983 and described them as "palpable, if crude and display(ing) sheer abuse of power." Wakamiya was not even allowed to return to Manila on August 20, 1984 to participate in the first death anniversary of Ninoy but was deported as an undesirable alien and had to leave on the next plane for Tokyo. The Board had to go to Tokyo to hear Wakamiya give his testimony before the Japanese police in accordance with their law and Wakamiya claimed before the Commission that the English transcription of his testimony, as prepared by an official of the Philippine Embassy in Tokyo, was inaccurate and did not correctly reflect the testimony he gave "although there was no clear showing of the discrepancy from the original transcription which was in Nippongo. Upon his arrival at the MIA on August 21, 1985 on invitation of Justice Herrera to testify at the ongoing trial, "a shot was fired and a soldier was seen running away by media men who sought to protect Wakamiya from harm by surrounding him." Wakamiya was forced by immigration officials to leave the country by Saturday (August 24th) notwithstanding Herrera's request to let him stay until he could testify the following Monday (August 26th). In the case of principal eyewitness Rebecca Quijano, the Commission reported that ... Undoubtedly in view of the considerable significance of her proposed testimony and its unfavorable effect on the cause of the defense, the efforts exerted to suppress the same was as much as, if not more than those in the case of Wakamiya. ... She recounted that she was in constant fear of her life, having been hunted by armed men; that their house in Tabaco, Albay was ransacked, her family harassed by the foreclosure of the mortgage on their house by the local Rural Bank, and ejected therefrom when she ignored the request of its manager to talk with her about her proposed testimony; that a certain William Farias offered her plane tickets for a trip abroad; that Mayor Rudy Farias of Laoag City kept on calling her sister in the United States to warn her not to testify; that, later, Rudy and William Farias offered her two million pesos supposedly coming from Bongbong Marcos, a house and lot in Baguio, the dropping of her estafa case in Hongkong, and the punishment of the persons responsible for the death of her father, if she would refrain from testifying. It is a matter of record, however, that despite such cajolery and harassments, or perhaps because of them, Ms. Quijano eventually testified before the Sandiganbayan. Justice Herrera was told by justice Fernandez of the displeasure expressed by Olympus at justice Herrera's going out of his way to make Ms. Quijano to testify, and for his refusal to honor the invitation to attend the birthday party of the First Lady on May 1, 1985, as on the eve of Ms. Quijano's testimony on May 2, 1985. The insiduous attempts to tamper with her testimony, however, did not end with her taking the witness stand. In the course of her testimony several notes were passed to Atty. Rodolfo Jimenez, the defense counsel who cross-examined her, one of which suggested that she be asked more questions about Dean Narvasa who was suspected of having coached her as to what to declare (Exhibit "D"); and on another occasion, at a crucial point in her testimony, a power brownout occurred; which lasted for about twenty minutes, throwing the courtroom into darkness, and making most of those present to scamper for safety, and Ms. Quijano to pass over the railing of the rostrum so as to be able to leave the courtroom. It was verified that the brownout was limited to the building housing the Sandiganbayan, it not having affected the nearby Manila City Hall and the Finance Building. Justice Herrera declared that the main switchboard of the Sandiganbayan electrical system was located beside the room occupied by Malacaang people who were keeping track of the proceedings. Atty. Lupino Lazaro for petitioners further made of record at that August 26th hearing that the two Olivas sisters, Ana and Catherine (hospitality girls) disappeared on September 4, 1984, two weeks after Ninoy's assassination. And the informant, by the name of Evelyn (also a hospitality girl) who jotted down the number of the car that took them away, also disappeared. On January 29, 1984, during the proceedings of the Board, Lina Galman, the common-law wife of Rolando Galman, was kidnapped together with a neighbor named Rogelio Taruc, They have been missing since then, despite his attempts to find any of them. According to him, "nobody was looking for these five persons because they said Marcos was in Power [despite his appeal to the Minister of National Defense to locate them]. Today, still no one is looking for these people." And he appealed to the new leadership for its assistance in learning their fate. 3. The discarding of the affidavits executed by U.S. airmen "While it is true that the U.S. airmen's proposed testimonies would show an attempt of the Philippine Air Force to divert the plane to Basa Airfield or some other place, such showing would not necessarily contravene the theory of the prosecution, nor the actual fact that Senator Aquino was killed at the Manila International Airport. Justice Herrera had accurately pointed out that such attempt of scrambling Aquino's plane merely showed a 'wider range of conspiracy,' it being possibly just one of two or three other plans designed to accomplish the same purpose of liquidating Senator Aquino. In any event, even assuming that the said piece of evidence could go either way, it may not be successfully contended that it was prudent or wise on the part of the prosecution to totally discard the said piece of evidence. Despite minor inconsistencies contained therein, its introduction could have helped the cause of the prosecution. If it were not so, or that it would even favor the defense, as averred by Justice Fernandez, the determined effort to suppress the same would have been totally uncalled for." 4. Nine proposed rebuttal witnesses not presented. 5. The failure to exhaust available remedies against adverse developments: "When the Supreme Court denied the petition of Justice Fernandez [against the exclusion of the testimonies given by the military respondents headed by Gen. Ver before the Fact Finding Board], the latter almost immediately announced to media that he was not filing a motion for the reconsideration of said denial for the reason that it would be futile to do so and foolhardy to expect a favorable action on the same. ... His posture ... is, in the least, indicative that he was living up to the instruction of finishing the trial of the case as soon as possible, if not of something else." 6. The assignment of the case to Presiding Justice Pamaran: "Justice Herrera testified that President Marcos ordered Justice Pamaran point-blank to handle the case. The pro-forma denial by Justice Pamaran of such instruction crumbles under the actuality of such directive having been complied with to the letter. ... "Justice Pamaran sought to discredit the claim that he was ordered by President Marcos to handle the case personally by explaining that cases in the Sandiganbayan are assigned by raffle and not to a particular Justice, but to a division thereof. The evidence before the Comission on how the case happened to be assigned to Justice Pamaran evinces a strong indication that such assignment was not done fairly or regularly. "There was no evidence at all that the assignment was indeed by virtue of a regular raffle, except the uncorroborated testimony of Justice Pamaran. ... Despite an announcement that Justice Escareal would be presented by the respondents to testify on the contents of his aforesaid Memorandum, such was not done. No reason was given why Justice Escarel could not, or would not like to testify. Neither was any one of the officials or employees of the Sandiganbayan who, according to Justice Pamaran, were present during the supposed raffle, presented to corroborate the claim of Justice xxx xxx xxx "It is also an admitted fact that the two Informations in the double murder case were filed by Justice Herrera on January 23, 1985, at 12:02 p.m., and the members of the Raffle Committee were summoned at 12:20 p.m. or only 18 minutes after the filing of the two Informations. Such speed in the actual assignment of the case can truly be categorized as unusual, if not extraordinary, considering that before a case filed may be included in the raffle, there is need for a certain amount of paper work to be undertaken. If such preliminary requirements were done in this case within the limited time available therefor, the charge that the raffle was rushed to avoid the presence of media people would ring with truth. What is more intriguing is the fact that although a raffle might have been actually conducted which resulted in the assignment of the case to the First Division of the Sandiganbayan, the Commission did not receive any evidence on how or why it was handled personally by Justice Pamaran who wrote the decision thereof, and not by any one of the two other members of his division. . . . 7. The custody of the accused their confinement in a military camp, instead of in a civilian jail: "When the question of custody came up after the case was filed in the Sandiganbayan, the latter issued an order directing the confinement of the accused in the City Jail of Manila. This order was not carried out in view of the information given by the Warden of the City Jail that there was no space for the twenty-six accused in said jail. The same information was given when the custody was proposed to be given to the National Penitentiary in Muntinglupa and to the National Bureau of Investigation. At that point, the defense came up with Presidential Decree No. 1950A which authorizes the custody of the accused military personnel with their respective Commanding Officers. Justice Herrera claimed that the said Presidential Decree was not known even to the Tanodbayan Justice Fernandez who had to call up the then Minister of Justice Estelito Mendoza to request a copy of the same, and was given such copy only after sometime. ..." 8. The monitoring of proceedings and developments from Malacaang and by Malacaang personnel: "There is an uncontradicted evidence that the progress of the proceedings in the Sandiganbayan as well as the developments of the case outside the Court had been monitored by Malacaang presumably for it to know what was happening and to take remedial measures as may be necessary. Justice Pamaran had candidly admitted that television cameras "boldly carrying the label of 'Office of the President of the Philippines' " were installed in the courtroom for that purpose. There was a room in the Sandiganbayan, mischievously caned 'war room', wherein military and Malacaang personnel stayed to keep track of the proceedings." the close monitoring by Malacaang showed its results on several occasions specified in the Report. Malacaang was immediately aware of the Japanese witness Wakamiya's presence injustice Herrera's office on August 21, 1985 and forestalled the giving of his testimony by having the Japanese Embassy advise Wakamiya to leave the country at once. Likewise, Col. Balbino Diego, Malacaang intelligence chief, suddenly appeared at the National Bureau of Investigation office when the "crying lady" Rebecca Quijano was brought there by NBI agents for interrogation and therein sought to obtain custody of her. "It is likewise an undisputed fact," the Commission noted "that several military personnel pretended to be deputy sheriffs of the Sandiganbayan and attended the trials thereof in the prescribed deputy sheriffs' uniforms." The Commission's inescapable finding. " It is abundantly clear that President Marcos did not only give instructions as to how the case should be handled He saw to it that he would know if his instructions will be complied with." 9. Partiality of Sandiganbayan betrayed by its decision: "That President Marcos had wanted all of the twenty-six accused to be acquitted may not be denied. The disposal of the case in said manner is an integral part of the scenario which was cleverly designed to accomplish two principal objectives, seemingly conflicting in themselves, but favorable both to then administration and to the accused; to wit, [1] the satisfaction of the public clamor for the suspected killers of Senator Aquino to be charged in court, and [2] the foreclosure of any possibility that they may again be prosecuted for the same offense in the event that President Marcos shall no longer be in power. "In rendering its decision the Sandiganbayan overdid itself in favoring the presidential directive. Its bias and partiality in favor of the accused was glaringly obvious. The evidence presented by the prosecution was totally ignored and disregarded. ... It was deemed not sufficient to simply acquit all of the twenty-six accused on thestandard ground that their guilt had not been proven beyond reasonable doubt, as was the most logical and appropriate way of justifying the acquittal in the case, there not being a total absence of evidence that could show guilt on the part of the accused. The decision had to pronounce them 'innocent of the crime charged on the two informations, and accordingly, they incur neither criminal nor civil liability.' It is a rare phenomenon to see a person accused of a crime to be favored with such total absolution. ... Doubt on the soundness of the decision entertained by one of the two justices who concurred with the majority decision penned by Justice Pamaran was revealed by Justice Herrera who testified that in October, 1985, when the decision was being prepared, Justice Agusto Amores told him that he was of the view that some of the accused should be convicted he having found difficulty in acquitting all of them; however, he confided to Justice Herrera that Justice Pamaran made it clear to him and Justice Vera Cruz that Malacaang had instructions to acquit all of the twenty-six accused (TSN, July 17, 1986, p. 49). Justice Amores also told Justice Herrera that he would confirm this statement (which was mentioned in Justice Herrera's comment to the Second Motion for Reconsideration) if asked about it (TSN, June 19, 1986, pp. 92-93). This testimony Justice Herrera remained unrebutted " (Emphasis supplied) The record shows suffocatingly that from beginning to end, the then President used, or more precisely, misused the overwhelming resources of the government and his authoritarian powers to corrupt and make a mockery of the judicial process in the Aquino-Galman murder cases. As graphically depicted in the Report, supra, and borne out by the happenings (res ipsa loquitur 22 ) since the resolution prepared by his "Coordinator," Manuel Lazaro, his Presidential Assistant on Legal Affairs, for the Tanodbayan's dismissal of the cases against all accused was unpalatable (it would summon the demonstrators back to the streets 23 ) and at any rate was not acceptable to the Herrera prosecution panel, the unholy scenario for acquittal of all 26 accused after the rigged trial as ordered at the Malacanang conference, would accomplish the two principal objectives of satisfaction of the public clamor for the suspected killers to be charged in court and of giving them through their acquittal the legal shield of double jeopardy. 24
Indeed, the secret Malacanang conference at which the authoritarian President called together the Presiding Justice of the Sandiganbayan and Tanodbayan Fernandez and the entire prosecution panel headed by Deputy Tanodbayan Herrera and told them how to handle and rig (moro-moro) the trial and the close monitoring of the entire proceedings to assure the pre-determined ignominious final outcome are without parallel and precedent in our annals and jurisprudence. To borrow a phrase from Ninoy's April 14, 1975 letter withdrawing his petition for habeas corpus, 25 "This is the evil of one-man rule at its very worst." Our Penal Code penalizes "any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice." 26 His obsession for "the boys' " acquittal led to severalfirst which would otherwise be inexplicable: 1. He turned his back on and repudiated the findings of the very Fact Finding Board that he himself appointed to investigate the "national tragedy and national shame" of the "treacherous and vicious assassination of Ninoy Aquino and "to ventilate the truth through free, independent and dispassionate investigation by prestigious and free investigators." 2. He cordially received the chairman with her minority report one day ahead of the four majority members and instantly referred it to respondents "for final resolution through the legal system" as if it were the majority and controlling report; and rebuked the four majority members when they presented to him the next day their report calling for the indictment of all 26 respondents headed by Gens. Ver and Olivas (instead of the lesser seven under the chairman's minority report). 3. From the day after the Aquino assassination to the dictated verdict of acquittal, he totally disregarded the Board's majority and minority findings of fact and publicly insisted that the military's "fall guy" Rolando Galman was the killer of Ninoy Aquino and sought futilely to justify the soldiers' incompetence and gross negligence to provide any security for Ninoy in contrast to their alacrity in gunning down the alleged assassin Galman and searing his lips. 4. The Sandiganbayan's decision (Pamaran, J. ponente) in effect convicted Rolando Galman as Ninoy's assassin notwithstanding that he was not on trial but the victim according to the very information filed, and evidence to the contrary submitted, by the Herrera prosecution panel; and 5. Justice Pamaran's ponencia (despite reservations expressed by Justice Amores who wanted to convict some of the accused) granted all 26 accused total absolution and pronounced them "innocent of the crimes charged in the two informations, and accordingly, they incur neither criminal nor civil liability," notwithstanding the evidence on the basis of which the Fact Finding Board had unanimously declared the soldiers' version of Galman being Aquino's killer a "perjured story, given deliberately and in conspiracy with one another." The fact of the secret Malacaang conference of January 10, 1985 at which the authoritarian President discussed with the Presiding Justice of the Sandiganbayan and the entire prosecution panel the matter of the imminent filing of the criminal charges against all the twenty-six accused (as admitted by respondent Justice Fernandez to have been confirmed by him to the then President's "Coordinator" Manuel Lazaro on the preceding day) is not denied. It is without precedent. This was illegal under our penal laws, supra. This illegality vitiated from the very beginning all proceedings in the Sandiganbayan court headed by the very Presiding Justice who attended. As the Commission noted: "The very acts of being summoned to Malacaang and their ready acquiescence thereto under the circumstances then obtaining, are in themselves pressure dramatized and exemplified. ... Verily, it can be said that any avowal of independent action or resistance to presidential pressure became illusory from the very moment they stepped inside Malacanang Palace on January 10, 1985." No court whose Presiding Justice has received "orders or suggestions" from the very President who by an amendatory decree (disclosed only at the hearing of oral arguments on November 8, 1984 on a petition challenging the referral of the Aquino-Galman murder cases to the Tanodbayan and Sandiganbayan instead of to a court martial, as mandatory required by the known P.D. 1850 at the time providing for exclusive jurisdiction of courts martial over criminal offenses committed by military men 26 -a) made it possible to refer the cases to the Sandiganbayan, can be an impartial court, which is the very essence of due process of law. As the writer then wrote, "jurisdiction over cases should be determined by law, and not by preselection of the Executive, which could be much too easily transformed into a means of predetermining the outcome of individual cases. 26 -b "This criminal collusion as to the handling and treatment of the cases by public respondents at the secret Malacanang conference (and revealed only after fifteen months by Justice Manuel Herrera) completely disqualified respondent Sandiganbayan and voided ab initio its verdict. This renders moot and irrelevant for now the extensive arguments of respondents accused, particularly Generals Ver and Olivas and those categorized as accessories, that there has been no evidence or witness suppressed against them, that the erroneous conclusions of Olivas as police investigator do not make him an accessory of the crimes he investigated and the appraisal and evaluation of the testimonies of the witnesses presented and suppressed. There will be time and opportunity to present all these arguments and considerations at the remand and retrial of the cases herein ordered before a neutral and impartial court. The Supreme Court cannot permit such a sham trial and verdict and travesty of justice to stand unrectified. The courts of the land under its aegis are courts of law and justice and equity. They would have no reason to exist if they were allowed to be used as mere tools of injustice, deception and duplicity to subvert and suppress the truth, instead of repositories of judicial power whose judges are sworn and committed to render impartial justice to all alike who seek the enforcement or protection of a right or the prevention or redress of a wrong, without fear or favor and removed from the pressures of politics and prejudice. More so, in the case at bar where the people and the world are entitled to know the truth, and the integrity of our judicial system is at stake. In life, as an accused before the military tribunal, Ninoy had pleaded in vain that as a civilian he was entitled to due process of law and trial in the regular civil courts before an impartial court with an unbiased prosecutor. In death, Ninoy, as the victim of the "treacherous and vicious assassination" and the relatives and sovereign people as the aggrieved parties plead once more for due process of law and a retrial before an impartial court with an unbiased prosecutor. The Court is constrained to declare the sham trial a mock trial the non-trial of the century-and that the pre-determined judgment of acquittal was unlawful and void ab initio. 1. No double jeopardy.-It is settled doctrine that double jeopardy cannot be invoked against this Court's setting aside of the trial courts' judgment of dismissal or acquittal where the prosecution which represents the sovereign people in criminal cases is denied due process. As the Court stressed in the 1985 case of People vs. Bocar, 27
Where the prosecution is deprived of a fair opportunity to prosecute and prove its case its right to due process is thereby violated. 27-a The cardinal precept is that where there is a violation of basic constitutional rights, courts are ousted of their jurisdiction. Thus, the violation of the State's right to due process raises a serious jurisdictional issue (Gumabon vs. Director of the Bureau of Prisons, L-30026, 37 SCRA 420 [Jan. 30, 1971]which cannot be glossed over or disregarded at will. Where the denial of the fundamental right of due process is apparent, a decision rendered in disregard of that right is void for lack of jurisdiction (Aducayen vs. Flores, L-30370 [May 25, 1973], 51 SCRA 78; Shell Co. vs. Enage, L- 30111-12, 49 SCRA 416 [Feb. 27, 1973]). Any judgment or decision rendered notwithstanding such violation may be regarded as a "lawless thing, which can be treated as an outlaw and slain at sight, or ignored wherever it exhibits its head" (Aducayen vs. Flores, supra). Respondent Judge's dismissal order dated July 7, 1967 being null and void for lack of jurisdiction, the same does not constitute a proper basis for a claim of double jeopardy (Serino vs. Zosa, supra). xxx xxx xxx Legal jeopardy attaches only (a) upon a valid indictment, (b) before a competent court, (c) after arraignment, (d) a valid plea having been entered; and (e) the case was dismissed or otherwise terminated without the express consent of the accused (People vs. Ylagan, 58 Phil. 851). The lower court was not competent as it was ousted of its jurisdiction when it violated the right of the prosecution to due process. In effect the first jeopardy was never terminated, and the remand of the criminal case for further hearing and/or trial before the lower courts amounts merely to a continuation of the first jeopardy, and does not expose the accused to a second jeopardy. More so does the rule against the invoking of double jeopardy hold in the cases at bar where as we have held, the sham trial was but a mock trial where the authoritarian president ordered respondents Sandiganbayan and Tanodbayan to rig the trial and closely monitored the entire proceedings to assure the pre-determined final outcome of acquittal and total absolution as innocent of an the respondents-accused. Notwithstanding the laudable efforts of Justice Herrera which saw him near the end "deactivating" himself from the case, as it was his belief that its eventual resolution was already a foregone conclusion, they could not cope with the misuse and abuse of the overwhelming powers of the authoritarian President to weaken the case of the prosecution, to suppress its evidence, harass, intimidate and threaten its witnesses, secure their recantation or prevent them from testifying. Fully aware of the prosecution's difficulties in locating witnesses and overcoming their natural fear and reluctance to appear and testify, respondent Sandiganbayan maintained a "dizzying tempo" of the proceedings and announced its intention to terminate the proceedings in about 6 months time or less than a year, pursuant to the scripted scenario. The prosecution complained of "the Presiding Justice's seemingly hostile attitude towards (it)" and their being the subject of warnings, reprimand and contempt proceedings as compared to the nil situation for the defense. Herrera likewise complained of being "cajoled into producing witnesses and pressed on making assurances that if given a certain period, they will be able to produce their witnesses Herrera pleaded for "a reasonable period of preparation of its evidence" and cited other pending cases before respondent court that were pending trial for a much longer time where the "dizzying tempo" and "fast pace" were not maintained by the court. 28 Manifestly, the prosecution and the sovereign people were denied due process of law with a partial court and biased Tanodbayan under the constant and pervasive monitoring and pressure exerted by the authoritarian President to assure the carrying out of his instructions. A dictated, coerced and scripted verdict of acquittal such as that in the case at bar is a void judgment. In legal contemplation, it is no judgment at all. It neither binds nor bars anyone. Such a judgment is "a lawless thing which can be treated as an outlaw". It is a terrible and unspeakable affront to the society and the people. To paraphrase Brandeis: 29 If the authoritarian head of the government becomes the law-breaker, he breeds contempt for the law, he invites every man to become a law unto himself, he invites anarchy. Respondents-accused's contention that the Sandiganbayan judgment of acquittal ends the case which cannot be appealed or re-opened, without being put in double jeopardy was forcefully disposed of by the Court in People vs. Court of Appeals, which is fully applicable here, as follows: "That is the general rule and presupposes a valid judgment. As earlier pointed out, however, respondent Courts' Resolution of acquittal was a void judgment for having been issued without jurisdiction. No double jeopardy attaches, therefore. A void judgment is, in legal effect, no judgment at all By it no rights are divested. Through it, no rights can be attained. Being worthless, all proceedings founded upon it are equally worthless. It neither binds nor bars anyone. All acts performed under it and all claims flowing out of it are void. |lang1033 xxx xxx xxx "Private respondent invoke 'justice for the innocent'. For justice to prevail the scales must balance. It is not to be dispensed for the accused alone. The interests of the society, which they have wronged must also be equally considered. A judgment of conviction is not necessarily a denial of justice. A verdict of acquittal neither necessarily spells a triumph of justice. To the party wronged, to the society offended, it could also mean injustice. This is where the Courts play a vital role. They render justice where justice is due. 30
2. Motion to Disqualify/Inhibit should have been resolved Ahead.-The private prosecutors had filed a motion to disqualify and for inhibition of respondents Justices of the Sandiganbayan on grounds of manifest bias and partiality to the defense and arising from then Atty. (now Tanodbayan) Raul M. Gonzales' charge that Justice Vera-Cruz had been passing coaching notes to defense counsel. Justice Herrera had joined the motion and pleaded at the hearing of June 25, 1985 and in the prosecution memorandum that respondent Sandiganbayan "should not decide the case on the merits without first making a final ruling on the Motion for Inhibition." Herrera quoted the exchange between him and the Presiding Justice to show the latter's "following the script of Malacanang. PJ PAMARAN Well the court believes that we should proceed with the trial and then deal later on with that. After all, the most important thing here is, shall we say, the decision of the case. J. HERRERA I think more important than the decision of the case, Your Honor, is the capacity of the justices to sit in judgment. That is more important than anything else.(p. 13 TSN, June 25, 1985) (Emphasis supplied by Herrera). 31 But the Sandiganbayan brushed aside Herrera's pleas and then wrongly blamed him, in the decision, for supposedly not having joined the petition for inhibition, contrary to the facts above-stated, as follows: ... the motion for inhibition above referred to related exclusively for the contempt proceeding. Too, it must be remembered that the prosecution neither joined that petition, nor did it at any time manifest a desire to file a similar motion prior to the submission of these cases for decision. To do it now is not alone out of season but is also a confession of official insouciance (Page 22, Decision). 32 The action for prohibition was filed in the Court to seek the disqualification of respondents Justices pursuant to the procedure recognized by the Court in the 1969 case of Paredes vs. Gopengco 33 since an adverse ruling by respondent court might result in a verdict of acquittal, leaving the offended party without any remedy nor appeal in view of the double jeopardy rule, not to mention the overiding and transcendental public interest that would make out a case of denial of due process to the People if the alleged failure on the part of the Tanodbayan to present the complete evidence for the prosecution is substantiated. 34
In this case, petitioners' motion for reconsideration of the abrupt dismissal of their petition and lifting of the temporary restraining order enjoining the Sandiganbayan from rendering its decision had been taken cognizance of by the Court which had required the respondents', including the Sandiganbayan's, comments. Although no restraining order was issued anew, respondent Sandiganbayan should not have precipitately issued its decision of total absolution of all the accused pending the final action of this Court. This is the teaching of Valdez vs. Aquilizan 35 , Wherein the court in setting aside the hasty convictions, ruled that "prudence dictated that (respondent judge) refrain from deciding the cases or at the very least to hold in abeyance the promulgation of his decision pending action by this Court. But prudence gave way to imprudence; the respondent judge acted precipitately by deciding the cases [hastily without awaiting this Court's action]. All of the acts of the respondent judge manifest grave abuse of discretion on his part amounting to lack of jurisdiction which substantively prejudiced the petitioner." 3. Re: Objections of respondents.-The other related objections of respondents' counsels must be rejected in the face of the Court's declaration that the trial was a mock trial and that the pre- determined judgment of acquittal was unlawful and void ab initio. (a) It follows that there is no need to resort to a direct action to annul the judgment, instead of the present action which was timely filed initially to declare a mistrial and to enjoin the rendition of the void judgment. And after the hasty rendition of such judgment for the declaration of its nullity, following the presentation of competent proof heard by the Commission and the Court's findings therefrom that the proceedings were from the beginning vitiated not only by lack of due process but also by the collusion between the public respondents (court and Tanodbayan) for the rendition of a pre-determined verdict of acquitting all the twenty-six respondents-accused. (b) It is manifest that this does not involve a case of mere irregularities in the conduct of the proceedings or errors of judgment which do not affect the integrity or validity of the judgment or verdict. (c) The contention of one of defense counsel that the State and the sovereign people are not entitled to due process is clearly erroneous and contrary to the basic principles and jurisprudence cited hereinabove. (d) The submittal of respondents-accused that they had not exerted the pressure applied by the authoritarian president on public respondents and that no evidence was suppressed against them must be held to be untenable in the wake of the evil plot now exposed for their preordained wholesale exoneration. (e) Respondents' invocation of the writer's opinion in Luzon Brokerage Co., Inc. vs. Maritime Bldg. Co., Inc. 36 is inappropriate. The writer therein held that a party should be entitled to only one Supreme Court and may not speculate on vital changes in the Court's membership for review of his lost case once more, since public policy and sound practice demand that litigation be put to an end and no second pro forma motion for reconsideration reiterating the same arguments should be kept pending so long (for over six (6) years and one (1) month since the denial of the first motion for reconsideration), This opinion cannot be properly invoked, because here, petitioners' second motion for reconsideration was filed promptly on March 20, 1986 following the denial under date of February 4th of the first motion for reconsideration and the same was admitted per the Court's Resolution of April 3, 1986 and is now being resolved within five months of its filing after the Commission had received the evidence of the parties who were heard by the Court only last August 26th. The second motion for reconsideration is based on an entirely new material ground which was not known at the time of the denial of the petition and filing of the first motion for reconsideration, i.e, the secret Malacaang conference on January 10, 1985 which came to light only fifteen months later in March, 1986 and showed beyond per adventure (as proved in the Commission hearings) the merits of the petition and that the authoritarian president had dictated and pre-determined the final outcome of acquittal. Hence, the ten members of the Court (without any new appointees) unanimously voted to admit the second motion for reconsideration. 37
4. With the declaration of nullity of the proceedings, the cases must now be tried before an impartial court with an unbiased prosecutor.-There has been the long dark night of authoritarian regime, since the fake ambush in September, 1972 of then Defense Secretary Juan Ponce Enrile (as now admitted by Enrile himself was staged to trigger the imposition of martial law and authoritarian one- man rule, with the padlocking of Congress and the abolition of the office of the Vice-President. As recently retired Senior Justice Vicente Abad Santos recalled in his valedictory to the new members of the Bar last May, "In the past few years, the judiciary was under heavy attack by an extremely powerful executive. During this state of judicial siege, lawyers both in and outside the judiciary perceptively surrendered to the animus of technicality. In the end, morality was overwhelmed by technicality, so that the latter emerged ugly and naked in its true manifestation." Now that the light is emerging, the Supreme Court faces the task of restoring public faith and confidence in the courts. The Supreme Court enjoys neither the power of the sword nor of the purse. Its strength lies mainly in public confidence, based on the truth and moral force of its judgments. This has been built on its cherished traditions of objectivity and impartiallity integrity and fairness and unswerving loyalty to the Constitution and the rule of law which compels acceptance as well by the leadership as by the people. The lower courts draw their bearings from the Supreme Court. With this Court's judgment today declaring the nullity of the questioned judgment or acquittal and directing a new trial, there must be a rejection of the temptation of becoming instruments of injustice as vigorously as we rejected becoming its victims. The end of one form of injustice should not become simply the beginning of another. This simply means that the respondents accused must now face trial for the crimes charged against them before an impartial court with an unbiased prosecutor with all due process. What the past regime had denied the people and the aggrieved parties in the sham trial must now be assured as much to the accused as to the aggrieved parties. The people will assuredly have a way of knowing when justice has prevailed as well as when it has failed. The notion nurtured under the past regime that those appointed to public office owe their primary allegiance to the appointing authority and are accountable to him alone and not to the people or the Constitution must be discarded. The function of the appointing authority with the mandate of the people, under our system of government, is to fill the public posts. While the appointee may acknowledge with gratitude the opportunity thus given of rendering public service, the appointing authority becomes functus officio and the primary loyalty of the appointed must be rendered to the Constitution and the sovereign people in accordance with his sacred oath of office. To paraphrase the late Chief Justice Earl Warren of the United States Supreme Court, the Justices and judges must ever realize that they have no constituency, serve no majority nor minority but serve only the public interest as they see it in accordance with their oath of office, guided only, the Constitution and their own conscience and honor. 5. Note of Commendation.- The Court expresses its appreciation with thanks for the invaluable services rendered by the Commission composed of retired Supreme Court Justice Conrado M. Vasquez, chairman, and retired Court of Appeals Justices Milagros German and Eduardo Caguioa as members. In the pure spirit of public service, they rendered selflessly and without remuneration thorough competent and dedicated service in discharging their tasks of hearing and receiving the evidence, evaluating the same and submitting their Report and findings to the Court within the scheduled period and greatly easing the Court's burden. ACCORDINGLY, petitioners' second motion for reconsideration is granted. The resolutions of November 28, 1985 dismissing the petition and of February 4, 1986 denying petitioners' motion for reconsideration are hereby set aside and in lieu thereof, judgment is hereby rendered nullifying the proceedings in respondent Sandiganbayan and its judgment of acquittal in Criminal Cases Nos. 10010 and 10011 entitled "People of the Philippines vs. Gen. Luther Custodia et al." and ordering a re-trial of the said cases which should be conducted with deliberate dispatch and with careful regard for the requirements of due process, so that the truth may be finally known and justice done to an This resolution is immediately executory. SO ORDERED. Yap, Cruz, Paras and Feliciano, JJ., concur. Feria, **** Fernan and Narvasa , ***** JJ., took no part.
Separate Opinions
MELENCIO-HERRERA, J ., concurring: Consistent with what I had perceived as the need to establish the truth behind the vicious assassination of the late Senator Benigno Aquino, as expressed in my dissenting opinion in Galman vs. Pamaran (138 SCRA 294, 379 [1985]), and so that justice may be done, I vote for the re-trial prayed for by petitioners. There is reason to believe that some vital evidence had been suppressed by the prosecution, or that it had disregarded, as immaterial or irrelevant, evidence which, if presented, could affect the outcome of the case. As it is, the prosecution failed to fully ventilate its position and to lay out before respondent Court all the pertinent facts which could have helped that Court in arriving at a just decision. It had, thus, failed in its task. A public prosecutor is 'the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all and whose interest, therefore, in a criminal prosecution is not that it shag win a case but that justice shall be done. As such, he is in a peculiar and every definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. [Emphasis supplied] (Suarez vs. Platon, 69 Phil. 556 [1940]) He owes the state, the court and the accused the duty to lay before the court the pertinent facts at his disposal with methodical and meticulous attention, clarifying contradictions and filling up gaps and loopholes in his evidence to the end that the court's mind may not be tortured by doubts, the innocent may not suffer, and the guilty may not escape unpunished (People vs. Esquivel, 82 PhiL 453 [1948]). Respondent Court, in showing partiality for the accused from beginning to end, from the raffle of the subject cases to the promulgation of judgment, which absolved the accused, en masse, from any and an liability, is equally culpable for miscarriage of justice. Due process of law, which "requires a hearing before an impartial and disinterested tribunal" and the right of every litigant to "nothing less than the cold neutrality of an impartial Judge" (Gutierrez vs. Santos, 112 Phil. 184 [1961]; Castillo vs. Juan, 62 SCRA 124 [1975]), was violated. The proceedings below, having been vitiated by lack of due process, to the detriment of the State and the People, were invalid and the judgment rendered null and void ab initio. There having been no trial at all in contemplation of law, there is likewise no judgment on which a plea of double jeopardy may be based. "To entitle the accused to the plea of former jeopardy the proceedings must have been valid (State vs. Bartlett, 164 N.W., 757; State vs. O'Day 185 So. 290). The lack of any fundamental requisite which would render void the judgment would make ineffective a plea of jeopardy based on such proceedings (Steen vs. State, 242 S.W. 1047). The accused, however, argue that double jeopardy attaches for, even assuming without conceding, that pressure and collusion did take place, they were not a party to the same; and, for those who were charged only either as accomplices or accessories, they contend that their alleged offense involved only a cover-up in the investigation of the crimes so that, whatever pressure was exerted could only have benefited the principals, consequently, to subject them to a re-trial is to put them twice in jeopardy. It is true that where an accused was not a party to the fraud, a conviction secured fraudulently by the State's officer cannot be avoided by the state (State vs. Heflin, 96 So. 459, 19 Ala. App. 222). However, that exception is inapplicable to the cases at bar where both the prosecution and the Trial Court itself were parties to the fraud and collusion. Nor can it be said that the accused were not a part thereof. The agreement to file the murder charge in Court so that, after being acquitted as planned, the accused could no longer be prosecuted under the doctrine of double jeopardy; the "categorization" of the accused into principals, accomplices and accessories so that not all of them would be denied bail during the trial, were fraudulently conceived for their benefit and for the purpose of protecting them from subsequent prosecution. It is, thus, no bar to a subsequent prosecution for the same offense (Coumas vs. Superior Court, 192 P. 2d. 449, 452, 31 C. 2d. 682). "A verdict of acquittal procured by the accused by fraud and collusion is a nullity and does not put him in jeopardy; and consequently, it is no bar to a second trial for the same offense (State vs. Lee, 30A. 1110, 65 Conn. 265,48 Am. S.R. 202,27 L. RA. 498). The proceedings below having been fatally flawed by pressure, fraud and collusion, with the legal consequence that there was no trial and judgment to speak of, and under the circumstances peculiar only to these cases, I vte for a re-trial in the interest of truth and the ends of public justice. As in all criminal proceedings, however, the accused must be guaranteed a fair, speedy, and impartial re-trial before an unbiased Tribunal and prosecutor and, I might add, safeguarded against trial by publicity. ALAMPAY, J ., concurring: Considering that certain significant facts and circumstances not previously disclosed to the Court were found by the Commission constituted by this Court, purposely to inquire and ascertain the veracity of the same, to be duly established by sufficient evidence and are indicative of "a scripted and pre-determined manner of handling and disposing of the Aquino-Galman murder case ...;" and that there exists "adequate credible evidence showing that the prosecution in the Aquino-Galman case and the Justices who tried and decided the same acted under the compulsion of some pressure which proved to be beyond their capacity to resist and which not only prevented the prosecution to fully ventilate its position and to offer all the evidences it could have otherwise presented, but also pre-determined the outcome of the case; ..." I join in granting petitioners' second motion for reconsideration. In my considered view, the ends of Justice will be best served by allowing the trial anew of the subject cases in order to ultimately obtain a judgment that will be removed from any suspicion of attendant irregularities. With the greatest significance being given by our people to the said cases, which are evidently of historical importance, I am readily persuaded that it is to our national interest that all relevant evidence that may be now available be provided an opportunity to be received and made known so that whatever is the actual truth can be rightfully ascertained. I, therefore, vote for a declaration of mistrial and for nullifying the proceedings of the referred Criminal Cases Nos. 10010 and 10011 before the Sandiganbayan and the ordering of are trial. GUTIERREZ, J R., J. concurring: On November 28, 1985, this Court dismissed the petition for certiorari and prohibition with preliminary injunction and lifted a Temporary Restraining Order earlier granted. We are now acting on a motion for reconsideration filed by the petitioners. When the Court initially dismissed the petition, I issued a separate concurring and dissenting opinion. The issues before us were novel and momentous. I felt that in immediately dismissing the petition, we were denying the petitioners every reasonable opportunity to prove their allegations of non-independent and biased conduct of both the prosecution and the trial court. I stated that the issues of miscarriage of justice and due process arising from that conduct should be allowed more extended treatment. With then Associate Justices Claudio Teehankee and Vicente Abad Santos, I, therefore, dissented from the Court's resolution denying the petitioners' motions to continue presenting their case. Since the majority of the Court, however, had decided to resolve the petition on its merits and the findings of the Vasquez Commission were still for the future, I concurred in the result of this Court's action on two grounds-(1) the right of the accused to speedy trial and (2) the presumption in law that judicial acts are regularly performed and that public officers have discharged their duties in accordance with law. The findings of the Vasquez Commission now confirm my initial misgivings and more than overcome the presumption of regular performance of official duty upon which I based my concurrence. What were some of these misgivings now given substance by the investigation? Mistrial is usually raised by the accused. In this petition neither the accused nor the prosecution saw anything wrong in the proceedings. We had the unusual phenomenon of the relatives of one victim, prominent lawyers and law professors, and retired Justices assuming the uncommon role of alleging not only a biased Sandiganbayan but also a Tanodbayan holding back its own evidence. Instead of allowing the heated passions and emotions generated by the Aquino assassination to cool off or die down, the accused insisted on the immediate rendition of a decision. The Sandiganbayan is usually sober and respectful in its relations with the Supreme Court. I, therefore, found it strange and unfortunate why, in its Comment, the Sandiganbayan should question our authority to look into the exercise of its jurisdiction. There was the further matter of television cameras during trial, their effect on the witnesses and the judges, and other mischievous potentialities. The report of the Vasquez Comission now shows that there was more to these misgivings and suspicions than appeared in the records at that time. The Court's opinion penned by the Chief Justice states in detail why the Sandiganbayan was not an impartial tribunal and the Tanodbayan not an unbiased prosecutor. The right against double jeopardy is intended to protect against repeated litigations and continuous harassment of a person who has already undergone the agony of prosecution and trial for one and the same offense. It certainly was never intended to cover a situation where the prosecution suppresses some of its own evidence, where the accused correctly and eagerly anticipate a judgment of acquittal, and where the court appears to have made up its mind even before trial has started. Under the circumstances found by the Vasquez Commission, there was a failure of trial tantamount to no trial at all. A "moro-moro" could not possibly result in a just or valid decision. I am, however, constrained to write this separate opinion to emphasize a concern of this Court and of an Filipinos who want genuine justice to be realized in this case. In the same way that we deplore the pressures and partiality which led to the judgment of acquittal we must insure that absolutely no indication of bias, pre-judgment, or vindictiveness shall taint the retrial of this case. The fairly strong language used by the Court in its main opinion underscores the gravity with which it views the travesties of justice in this "trial of the century." At the same time, nothing expressed in our opinion should be interpreted as the Supreme Court's making a factual finding, one way or another, about the perpetrators of the Aquino or the Galman killing. Any statements about the circumstances of the assassination or about the military version of the killings are intended solely for one issue whether or not the Sandiganbayan acquittals should be set aside and a retrial ordered. Neither our final resolution of this petition, the stature of the persons involved, pakikisama, utang na loob for an appointment or reappointment, or any other extraneous matters should color or influence the future course of this case. Needless to say, any person who, in the past, may have formally expressed opinions about the innocence or guilt of the accused should be neither a prosecutor or judge in any forthcoming trial. It is not enough for the future proceedings to be fair they should be above any suspicion of partiality, bias, rancor, or vindictiveness. It would be unfortunate if, in the conduct of further proceedings in this case, erroneous impressions may arise that a prosecutor or judge has prejudged the guilt or innocence of any accused. Having just declared a mistrial, we should not again declare the retrial as another mistrial, ad infinitum. For the reasons abovestated, I concur in the decision of the Court to grant the petitioners' second motion for reconsideration. Feliciano, J., concurs in his statements in the last three paragraphs (prior to the dispositive paragraph) of his Separate Concurring Opinion.
Separate Opinions MELENCIO-HERRERA, J ., concurring: Consistent with what I had perceived as the need to establish the truth behind the vicious assassination of the late Senator Benigno Aquino, as expressed in my dissenting opinion in Galman vs. Pamaran (138 SCRA 294, 379 [1985]), and so that justice may be done, I vote for the re-trial prayed for by petitioners. There is reason to believe that some vital evidence had been suppressed by the prosecution, or that it had disregarded, as immaterial or irrelevant, evidence which, if presented, could affect the outcome of the case. As it is, the prosecution failed to fully ventilate its position and to lay out before respondent Court all the pertinent facts which could have helped that Court in arriving at a just decision. It had, thus, failed in its task. A public prosecutor is 'the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all and whose interest, therefore, in a criminal prosecution is not that it shag win a case but that justice shall be done. As such, he is in a peculiar and every definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. [Emphasis supplied] (Suarez vs. Platon, 69 Phil. 556 [1940]) He owes the state, the court and the accused the duty to lay before the court the pertinent facts at his disposal with methodical and meticulous attention, clarifying contradictions and filling up gaps and loopholes in his evidence to the end that the court's mind may not be tortured by doubts, the innocent may not suffer, and the guilty may not escape unpunished (People vs. Esquivel, 82 PhiL 453 [1948]). Respondent Court, in showing partiality for the accused from beginning to end, from the raffle of the subject cases to the promulgation of judgment, which absolved the accused, en masse, from any and an liability, is equally culpable for miscarriage of justice. Due process of law, which "requires a hearing before an impartial and disinterested tribunal" and the right of every litigant to "nothing less than the cold neutrality of an impartial Judge" (Gutierrez vs. Santos, 112 Phil. 184 [1961]; Castillo vs. Juan, 62 SCRA 124 [1975]), was violated. The proceedings below, having been vitiated by lack of due process, to the detriment of the State and the People, were invalid and the judgment rendered null and void ab initio. There having been no trial at all in contemplation of law, there is likewise no judgment on which a plea of double jeopardy may be based. "To entitle the accused to the plea of former jeopardy the proceedings must have been valid (State vs. Bartlett, 164 N.W., 757; State vs. O'Day 185 So. 290). The lack of any fundamental requisite which would render void the judgment would make ineffective a plea of jeopardy based on such proceedings (Steen vs. State, 242 S.W. 1047). The accused, however, argue that double jeopardy attaches for, even assuming without conceding, that pressure and collusion did take place, they were not a party to the same; and, for those who were charged only either as accomplices or accessories, they contend that their alleged offense involved only a cover-up in the investigation of the crimes so that, whatever pressure was exerted could only have benefited the principals, consequently, to subject them to a re-trial is to put them twice in jeopardy. It is true that where an accused was not a party to the fraud, a conviction secured fraudulently by the State's officer cannot be avoided by the state (State vs. Heflin, 96 So. 459, 19 Ala. App. 222). However, that exception is inapplicable to the cases at bar where both the prosecution and the Trial Court itself were parties to the fraud and collusion. Nor can it be said that the accused were not a part thereof. The agreement to file the murder charge in Court so that, after being acquitted as planned, the accused could no longer be prosecuted under the doctrine of double jeopardy; the "categorization" of the accused into principals, accomplices and accessories so that not all of them would be denied bail during the trial, were fraudulently conceived for their benefit and for the purpose of protecting them from subsequent prosecution. It is, thus, no bar to a subsequent prosecution for the same offense (Coumas vs. Superior Court, 192 P. 2d. 449, 452, 31 C. 2d. 682). "A verdict of acquittal procured by the accused by fraud and collusion is a nullity and does not put him in jeopardy; and consequently, it is no bar to a second trial for the same offense (State vs. Lee, 30A. 1110, 65 Conn. 265,48 Am. S.R. 202,27 L. RA. 498). The proceedings below having been fatally flawed by pressure, fraud and collusion, with the legal consequence that there was no trial and judgment to speak of, and under the circumstances peculiar only to these cases, I vote for a re-trial in the interest of truth and the ends of public justice. As in all criminal proceedings, however, the accused must be guaranteed a fair, speedy, and impartial re-trial before an unbiased Tribunal and prosecutor and, I might add, safeguarded against trial by publicity. ALAMPAY, J ., concurring: Considering that certain significant facts and circumstances not previously disclosed to the Court were found by the Commission constituted by this Court, purposely to inquire and ascertain the veracity of the same, to be duly established by sufficient evidence and are indicative of "a scripted and pre-determined manner of handling and disposing of the Aquino-Galman murder case ...;" and that there exists "adequate credible evidence showing that the prosecution in the Aquino-Galman case and the Justices who tried and decided the same acted under the compulsion of some pressure which proved to be beyond their capacity to resist and which not only prevented the prosecution to fully ventilate its position and to offer all the evidences it could have otherwise presented, but also pre-determined the outcome of the case; ..." I join in granting petitioners' second motion for reconsideration. In my considered view, the ends of Justice will be best served by allowing the trial anew of the subject cases in order to ultimately obtain a judgment that will be removed from any suspicion of attendant irregularities. With the greatest significance being given by our people to the said cases, which are evidently of historical importance, I am readily persuaded that it is to our national interest that all relevant evidence that may be now available be provided an opportunity to be received and made known so that whatever is the actual truth can be rightfully ascertained. I, therefore, vote for a declaration of mistrial and for nullifying the proceedings of the referred Criminal Cases Nos. 10010 and 10011 before the Sandiganbayan and the ordering of are trial. GUTIERREZ, J R., J. concurring:: On November 28, 1985, this Court dismissed the petition for certiorari and prohibition with preliminary injunction and lifted a Temporary Restraining Order earlier granted. We are now acting on a motion for reconsideration filed by the petitioners. When the Court initially dismissed the petition, I issued a separate concurring and dissenting opinion. The issues before us were novel and momentous. I felt that in immediately dismissing the petition, we were denying the petitioners every reasonable opportunity to prove their allegations of non-independent and biased conduct of both the prosecution and the trial court. I stated that the issues of miscarriage of justice and due process arising from that conduct should be allowed more extended treatment. With then Associate Justices Claudio Teehankee and Vicente Abad Santos, I, therefore, dissented from the Court's resolution denying the petitioners' motions to continue presenting their case. Since the majority of the Court, however, had decided to resolve the petition on its merits and the findings of the Vasquez Commission were still for the future, I concurred in the result of this Court's action on two grounds-(1) the right of the accused to speedy trial and (2) the presumption in law that judicial acts are regularly performed and that public officers have discharged their duties in accordance with law. The findings of the Vasquez Commission now confirm my initial misgivings and more than overcome the presumption of regular performance of official duty upon which I based my concurrence. What were some of these misgivings now given substance by the investigation? Mistrial is usually raised by the accused. In this petition neither the accused nor the prosecution saw anything wrong in the proceedings. We had the unusual phenomenon of the relatives of one victim, prominent lawyers and law professors, and retired Justices assuming the uncommon role of alleging not only a biased Sandiganbayan but also a Tanodbayan holding back its own evidence. Instead of allowing the heated passions and emotions generated by the Aquino assassination to cool off or die down, the accused insisted on the immediate rendition of a decision. The Sandiganbayan is usually sober and respectful in its relations with the Supreme Court. I, therefore, found it strange and unfortunate why, in its Comment, the Sandiganbayan should question our authority to look into the exercise of its jurisdiction. There was the further matter of television cameras during trial, their effect on the witnesses and the judges, and other mischievous potentialities. The report of the Vasquez Comission now shows that there was more to these misgivings and suspicions than appeared in the records at that time. The Court's opinion penned by the Chief Justice states in detail why the Sandiganbayan was not an impartial tribunal and the Tanodbayan not an unbiased prosecutor. The right against double jeopardy is intended to protect against repeated litigations and continuous harassment of a person who has already undergone the agony of prosecution and trial for one and the same offense. It certainly was never intended to cover a situation where the prosecution suppresses some of its own evidence, where the accused correctly and eagerly anticipate a judgment of acquittal, and where the court appears to have made up its mind even before trial has started. Under the circumstances found by the Vasquez Commission, there was a failure of trial tantamount to no trial at all. A "moro-moro" could not possibly result in a just or valid decision. I am, however, constrained to write this separate opinion to emphasize a concern of this Court and of an Filipinos who want genuine justice to be realized in this case. In the same way that we deplore the pressures and partiality which led to the judgment of acquittal we must insure that absolutely no indication of bias, pre-judgment, or vindictiveness shall taint the retrial of this case. The fairly strong language used by the Court in its main opinion underscores the gravity with which it views the travesties of justice in this "trial of the century." At the same time, nothing expressed in our opinion should be interpreted as the Supreme Court's making a factual finding, one way or another, about the perpetrators of the Aquino or the Galman killing. Any statements about the circumstances of the assassination or about the military version of the killings are intended solely for one issue whether or not the Sandiganbayan acquittals should be set aside and a retrial ordered. Neither our final resolution of this petition, the stature of the persons involved, pakikisama, utang na loob for an appointment or reappointment, or any other extraneous matters should color or influence the future course of this case. Needless to say, any person who, in the past, may have formally expressed opinions about the innocence or guilt of the accused should be neither a prosecutor or judge in any forthcoming trial. It is not enough for the future proceedings to be fair they should be above any suspicion of partiality, bias, rancor, or vindictiveness. It would be unfortunate if, in the conduct of further proceedings in this case, erroneous impressions may arise that a prosecutor or judge has prejudged the guilt or innocence of any accused. Having just declared a mistrial, we should not again declare the retrial as another mistrial, ad infinitum. For the reasons abovestated, I concur in the decision of the Court to grant the petitioners' second motion for reconsideration.
Republic of the Philippines SUPREME COURT Manila EN BANC Adm. Matter No. MTJ-87-123 June 27, 1988 MERCEDITA G. LORENZO, complainant, vs. JUDGE PRIMO L. MARQUEZ, respondent. Adm. Matter No. MTJ-88-141 June 27, 1988 NATIONAL BUREAU OF INVESTIGATION, complainant, vs. JUDGE PRIMO L. MARQUEZ, respondent. R E S O L U T I O N
PER CURIAM: In a sworn statement dated October 11, 1987 executed by Mercedita G. Lorenzo and in an indorsement of December 2, 1987 of the Chief State Prosecutor transmitting the report of the National Bureau of Investigation dated November 5, 1987, the herein respondent Judge Primo L. Marquez of the Municipal Trial Court (MTC) of Sariaya, Quezon is charged on three counts, namely: (1) harassment in failing to indorse the reappointment of complainant Mercedita G. Lorenzo as Municipal Trial Court Aide; (2) for violation of Section 1, Rule 137 of the Rules of Court in deciding Civil Case No. 1202 entitled Kilusang Bayan Pampananalapi ng Sariaya vs. Gilda Balid, et al., when he was the former counsel of the plaintiff; and (3) for issuing a subpoena for the appearance of Jose D. Obosa, a prison inmate of the National Bilibid Prisons (NBP) to appear before him when said person has no case pending before him nor is he a witness in any pending case therein. The respondent was required to file an answer to said complaint and after his answer was filed a formal investigation was conducted by the Deputy Court Administrator, Meynardo A. Tiro, by authority of the Court, wherein evidence was adduced by the complainant and respondent. On May 27, 1988, said official submitted his report and recommendation to the Court. On the first charge of harassment, the respondent explained that he did not recommend the reappointment of complainant Mercedita G. Lorenzo because she was inefficient. Such reluctance of the respondent must be because she was a protegee of the respondent's predecessor, former Judge Jose Parentela, Jr., who reportedly exposed the illegal issuance of the subpoena to Obosa by the respondent. Nevertheless, it is the privilege of the respondent as presiding judge of his court to recommend the employee with whom he will work. If he did not choose to have said complainant reappointed, he cannot thereby be held administratively liable. Under the second charge, there is no question that the respondent was the counsel for the plaintiff in Civil Case No. 1202 entitled "Kilusang Bayan Pampananalapi ng Sariaya (KBPS) vs. Gilda Balid, et al." filed in the Municipal Trial Court of Sariaya, Quezon. The complaint was filed by Crisostomo L. Luna, president and board chairman of the plaintiff, who is his uncle. 1 The respondent was then a member of the board of directors of the plaintiff. 2 In an order of November 28, 1986, Judge Parentela declared defendants in default for failure to file their answer. When the respondent assumed office he issued an order on February 10, 1987 requiring plaintiff to secure the services of another counsel in his place and he set the case for hearing. On March 9, 1987, he issued an order considering the case submitted for decision. on April 2, 1987, he rendered a decision favorable to the plaintiff, the dispositive part of which reads as follows: Judgement is hereby rendered in favor of the above-named plaintiff and against the above-named defendants, whereby defendants are hereby directed to pay jointly and severally plaintiff the following, to wit: 1. Principal amount of P4,676.00 plus one (1%) percent interest on the unpaid balance and the two (2%) percent penalty interest per month until the entire obligation is fully paid 2. Attorney's fees equivalent to ten (10%) percent the total amount due and collectible, plus litigation expenses in the amount of P460.00 and cost of suit, An appeal therefrom was interposed by the defendants to the Regional Trial Court of Lucena City. Section 1, Rule 137 of the Rules of Court provides as follows: Section 1. Disqualification of judges. No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily. interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record. A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above. From the foregoing provision of the rules, a judge cannot sit in any case in which he was a counsel without the written consent of all the parties in interest, signed by them and entered upon the record. The respondent alleged that since there was no objection from any of the parties, he proceeded to preside over the case and to decide it. This is a clear violation of the law. The rule is explicit that he must secure the written consent of all the parties, not a mere verbal consent much. less a tacit acquiescence. More than this, said written consent must be signed by them and entered upon the record. The failure of the respondent to observe these elementary rules of conduct betrays his unusual personal interest in the case which prevailed over and above his sworn duty to administer the law impartially and without any fear or favor. The third charge is even more serious. The record of Criminal Case No. 8924, entitled "People of the Philippines vs. Cesar Salamat" for violation of B.P. Blg. 22, shows that on July 24, 1987, the respondent issued a subpoena, addressed to prison inmate Jose Obosa, who was then a convict in the NBP at Muntinlupa, Rizal, requiring him to appear before his court on July 27, 28 and 29, 1987 at 8:30 A.M. and then and there to testify in the above entitled case. There is a notation at the top thereof "For Conference. 3
On August 18, 1987, the respondent issued an order and on the basis thereof issued another subpoena for Obosa to appear for a conference on August 28, 1987 at 8:30 A.M. 4 There was no reason for respondent to subpoena Obosa to testify in said case as the accused had not yet been arrested and thus the case could not be set for hearing. Respondent, however, explained that the reason he subpoenaed Obosa was due to his interest in having the accused Salamat arrested as he was still at large. He stated that during one of his speaking engagements in San Narciso, Quezon, he met a certain Rivera who told him that Obosa was a friend of Salamat who may be able to tell the respondent about the whereabouts of Salamat. Respondent added that it was the complainant Maximino Torres who requested the issuance of said subpoena for Obosa. Torres, however, testified that he did not know Obosa and that it was the respondent who drafted a letter dated August 14, 1987 and caused him to sign the same by going to his house, nine kilometers away from the courtroom. The said letter-request was made long after the first subpoena was issued by respondent on July 24, 1987. This discrepancy reveals the questionable motive of the respondent. Because of the subpoena issued by the respondent, Obosa appeared at past 12:00 noon on July 28, 1987 in the house of the respondent at Sariaya, Quezon, not in the courtroom, with two prison escorts and yet the respondent did not ask him about the whereabouts of Salamat. Respondent stated Obosa was to appear before him in court but there was no court hearing as yet as the accused had not been apprehended. Again, on July 29, 1987, Obosa appeared in his house at past noon but likewise respondent did not inquire about the whereabouts of Salamat. The excuse of the respondent is that was the time he had to bring his sick daughter to the hospital. Atty. Salvador Ranin, the agent of the National Bureau of Investigation (NBI) who investigated the case, testified that from July 28, 1987, up to August 2, 1987, Obosa did not return to his quarters at the NBP although there was an entry in the logbook of the NBP that Obosa returned to his quarters allegedly on August 2, 1987 at 2:10 in the afternoon. The well publicized murder of Local Government Secretary Jaime Ferrer occurred at 6:45 P.M. of the same day. Ranin stated that during the incident, three (3) school children saw a man with a gun running towards La Huerta, Paranaque. Incidentally, the residence of Obosa is in Paranaque. Ranin went to Muntinlupa and he photographed Obosa while taking a bath. He blew up the picture and showed it to the witnesses and the children and they positively Identified Obosa as the man running away from the scene of the crime. Later fifteen (15) persons were lined up at the NBI headquarters in Manila together with Obosa and the witnesses pointed to Obosa as the one fleeing after the commission of the offense. Ranin emphasized that in their opinion the marginal entry in the logbook of the NBP as to the alleged return of Obosa to his quarters on August 2, 1987 at 2:1 0 P.M. is a false entry. There are now two criminal cases pending before the RTC, Makati, Metro Manila, namely: Criminal Case No. 011, entitled People of the Philippines vs. Nieves Constancio, Ruel Villahermosa y Fernandez, Jose Obosa y Tutaan and Victoriano Tutaan, prison superintendent, for the murder of Secretary Ferrer; and Criminal Case No. 012 against the same accused for the murder of Jesus T. Calderon, driver of Secretary Ferrer. The respondent is not accused in the said criminal cases. No doubt the respondent is guilty of the charge against him. There was no reason for him to require the appearance of Obosa in his court, even for a conference. The criminal case pending before him was not yet ready for trial as the accused was at large. If truly respondent was impelled with the desire to locate the whereabouts of accused Salamat so that he could be arrested, all that he could have done was to have a policeman or court employee go to Muntinlupa for the purpose, or he himself could have done so. Under Section 3, Rule 23 of the Rules of Court, a subpoena shall be signed by the clerk of court or by the judge, if the court has no clerk, under the seal of the court. The respondent had a clerk of court, Miss Gloria Lorenzo, and yet he himself issued and signed the subpoena. His undue interest to bring out Obosa from his confinement allegedly to appear before him is obvious. Respondent did not even consider that Circular No. 6 dated December 5, 1987 of this Court specifically directs that no maximum security prisoner could be taken out of the NBP to serve as witness in a case and testify therein without the permission of this Court and unless the same is absolutely necessary. The respondent failed to secure such authority from this Court before issuing a subpoena for Obosa. His lame excuse is that he has not read said circular. In causing Jose Obosa to get out of the NBP allegedly to appear before him, the respondent wittingly or unwittingly, furnished Obosa the opportunity to participate in the commission of a crime or crimes. In fact, Obosa is now being held to account as a principal in the murder of Secretary Ferrer and his driver. The respondent committed grave and serious misconduct in the performance of his duty. He demonstrated his unfitness to be a judge as in fact by his behavior he has placed the judiciary in disrepute. 5 He abused the great powers of his office so that he should not stay a moment longer as a member of the judiciary. WHEREFORE, while respondent is cleared of the charge of harassment filed by Mercedita G. Lorenzo, he is hereby found guilty of grave and serious misconduct for deciding Civil Case No. 1202, entitled Kilusang Bayan Pampananalapi ng Sariaya (KBPS) vs. Gilda Balid, et al., wherein he was a former counsel for plaintiff in violation of Section 1, Rule 137 of the Rules of Court, and for having illegally issued a subpoena for the appearance of prison inmate Jose T. Obosa of the NBP before him in Criminal Case No. 8924, entitled "People of the Philippines vs. Cesar Salamat;" and as penalty thereof, the respondent it is hereby DISMISSED from the service with prejudice to reinstatement in the government and forfeiture of his retirement benefits, if any, but without prejudice to the payment of his accrued leave or salaries already earned. SO ORDERED.
SECOND DIVISION [A.M. No. RTJ-00-1594. June 20, 2003] PASTOR SALUD, complainant, vs. JUDGE FLORENTINO M. ALUMBRES, Presiding Judge, Regional Trial Court, Branch 255, Las Pias City,respondent. R E S O L U T I O N QUISUMBING, J .: This is an administrative case filed by Pastor Salud [1] against the Hon. Florentino M. Alumbres, then presiding judge of the Regional Trial Court (RTC) of Las Pias City, Metro Manila, Branch 255, for undue delay in the resolution of Civil Case No. LP-96-300, entitled Sps. Eduardo and Josefina Laurito v. Sps. Pastor and Marcosa Salud. As found by the Office of the Court Administrator (OCA), [2] the instant matter originated from the double sale of a parcel of land. It appears that a certain Ricardo Forneza, Jr., and Cynthia S. Forneza were the original owners of a house and lot covered by Transfer Certificate of Title (TCT) No. (106597) T-5251-A. In a brief span of four (4) days, the Fornezas managed to sell the same property twice. The first sale took place on February 8, 1990 to one Ferdinand Jimenez as evidenced by a Deed of Sale. Then on February 12, 1990, the Fornezas executed in favor of Maria Belen Salud and Laurina Salud, a Contract to Sell [3] over the same house and lot. The first buyer (Jimenez) successfully caused the transfer of the title of the subject property in his name, as a result of which TCT No. (106597) T-5251-A was cancelled and TCT No. T-14065 issued in his name. On June 27, 1991, Jimenez sold the property to the spouses Eduardo and Josefina Laurito. The Laurito spouses then secured a new title, TCT No. T-24778, in their names. [4]
When the Laurito spouses visited the subject property, they discovered that the spouses Pastor and Marcosa Salud were occupying the house and lot. Notwithstanding the demand made by the Lauritos, the Salud couple refused to vacate the property. Hence, the Lauritos filed a suit for unlawful detainer against them before the Metropolitan Trial Court (MeTC) of Las Pias City. [5]
Despite the defense of the Salud spouses that they were buyers in good faith, the MeTC rendered a Decision, [6] dated December 9, 1996, against them. The MeTC held that the Saluds failed to present any document to show that they were the owners of the property. On April 17, 1997, the Salud spouses appealed and filed a memorandum pursuant to Section 7, Rule 40 [7] of the Revised Rules of Civil Procedure. The case, docketed as Civil Case No. LP-96-300, was raffled to Branch 255 of the RTC of Las Pias City, presided over by herein respondent. Notwithstanding the pendency of said appeal, on April 1, 1997, [8] Judge Alumbres issued an Alias Writ of Execution, stating that judgment [is] now final and executory. [9] Thus, the Salud spouses filed a petition for certiorari before the Court of Appeals on April 23, 1997, with a prayer to temporarily restrain the RTC from implementing, enforcing or otherwise executing its orders dated February 17, 1997 and April 1, 1997, or otherwise disturbing the status quo. [10]
The Laurito spouses then filed with the Court of Appeals a Motion to Declare Temporary Restraining Order Vacated and for the early resolution of the case. On October 8, 1998, they also filed a Motion for Issuance of an Alias Writ of Execution Pending Appeal. [11]
On October 19, 1998, [12] Pastor Salud filed a Letter Complaint [13] with the OCA praying that the respondent judge be found administratively liable for delay in rendering judgment in Civil Case No. LP-96-300. The Salud spouses claimed that the RTC had the period from May 1997 to August 1997 to decide Civil Case No. LP-96-300, but had not resolved the matter. They likewise pointed to another case pending before the respondent, where the litigants had been waiting at least six (6) months for the courts judgment. The complainants herein asked the OCA to look closely at the docket of respondent judges sala, as they were of the belief that several cases ripe for decision remained unacted upon. [14]
On October 19, 1998, despite Saluds opposition, the respondent judge issued an Alias Writ of Execution. Salud questioned the issuance of the alias writ on the ground that said order was contrary to the respondent judges earlier statement that he would not act upon or issue any writ out of respect for the order of the Court of Appeals to maintain the status quo. The respondent judge made the statement, according to Salud despite the prayer of the Saluds that a decision be rendered on their unlawful detainer case. [15]
On November 20, 1998, or after more than fifteen (15) months from submission, the RTC handed down its judgment in Civil Case No. LP-96-300. It affirmed in toto the decision of the MeTC, which found the Saluds have failed to present a better title to the subject property. [16]
In his Comment [17] on the instant Complaint, respondent judge does not deny that there was a delay in the rendition of judgment. However, he sought to put the blame for the delay squarely on the complainant herein. According to respondent, after he decreed the issuance of a Writ of Execution Pending Appeal, complainant herein filed numerous pleadings not only before the RTC but also with the Court of Appeals, which sought to thwart the implementation of the writ issued and, obviously, to harass him. Complainant likewise sought to inhibit him from proceeding with the hearing of Civil Case No. LP-96-300. Respondent avers that complainant even went to the extent of charging him with contempt of court before the Court of Appeals. As a result, respondent said his time was virtually used up by answering baseless and unwarranted pleadings filed by the complainant. [18]
Respondent points out that despite the pendency of the administrative case against him, he was nevertheless able to render a decision, albeit delayed by 16 months. He now submits that given this development, he should be exempted from and relieved of any liability. In addition, Judge Alumbres submits that more than one (1) year has lapsed since the case was decided and he no longer has any jurisdiction over Civil Case No. LP-96-300. Hence, he should not be ordered to explain matters no longer within his jurisdiction and competence. [19] Lastly, Judge Alumbres attributes the filing of the administrative case against him to the unfavorable decision he rendered against complainant in the unlawful detainer case. He cites complainant as a classic example of a disgruntled litigant. [20]
On August 29, 2000, the Court Administrator recommended that the respondent judge be suspended without pay and benefits for a period of two (2) months [21] for delay in the disposition of a case. [22] Said recommendation took into consideration the fact that respondent had previously been admonished for having decided a case beyond the reglementary period. It is not disputed that it took respondent judge over 16 months to render his decision in Civil Case No. LP-96-300 after it was submitted for decision. The Constitution [23] mandates lower court judges to decide a case within ninety (90) days from its submission. Likewise, the Code of Judicial Conduct [24] mandates judges to administer justice without delay and directs every judge to dispose of the courts business promptly within the period prescribed by the law and the rules. We have emphasized strict observance of this duty in order to minimize, if not totally eradicate, the twin problems of congestion and delay that have long plagued our courts. It is an oft-repeated maxim that justice delayed is often justice denied. Thus, any delay in the administration of justice, no matter how brief, may result in depriving the litigant of his right to a speedy disposition of his case. Delay ultimately affects the image of the judiciary. [25] Failure to comply with the mandate of the Constitution and of the Code of Judicial Conduct constitutes serious misconduct, which is detrimental to the honor and integrity of a judicial office. Inability to decide a case despite the ample time prescribed is inexcusable, constitutes gross inefficiency, [26] and warrants administrative sanction of the defaulting judge. [27]
Delay in the rendition of judgments diminishes the peoples faith in our judicial system, [28] and lowers its standards and brings it into disrepute. [29] In the event that judges cannot comply with the deadlines prescribed by law, they should apply for extensions of time to avoid administrative sanctions. [30] The Court allows a certain degree of latitude to judges and grants them reasonable extensions of time to resolve cases upon proper application by the judges concerned and on meritorious grounds. [31] At the very least, respondent judge should have requested for an extension of time to render judgment once he knew that he could not comply with the prescribed 90-day period to render a judgment. In so doing, he would have been able to apprise litigants as to the status of the case and the reason for the delay, if any. It would have shown his mindfulness of the deadlines. Undue delay in rendering a decision constitutes a less serious charge under Section 4, Rule 140 [32] of the Rules of Court, as amended. If found guilty thereof, the judge shall be suspended from office without salary and other benefits for not less than one (1) month or more than three (3) months; or imposed a fine of more than P10,000, but not exceeding P20,000, pursuant to Section 10, [33] Rule 140. In this instance, however, we also have to recognize certain contributing factors for the delay. Among them are the observed tendencies of the litigants to resort to harassment tactics against the judge, as well as to overburden the court with multiple but unnecessary motions and related paperwork. These negative tactics are to be deplored. Although they do not excuse undue delay, they certainly should mitigate the imposable penalty on the erring judge. Except for the mitigating circumstance, we are in agreement with the OCA recommendations in this case. The record shows that this is not the first time that respondent has been called to account by this Court. In 1992, he was fined for gross partiality to a party. In 1996, he was admonished for delay in the disposition of a case. In 1999, he was reprimanded. Although respondent has retired on June 3, 2001, the recommendation of the OCA that a fine be imposed on him is still in order. Worth stressing, even after a judge has retired from the service, he may still be held administratively accountable for lapses and offenses committed during his incumbency. Although he may no longer be dismissed or suspended, fines may still be meted out to be deducted from his retirement benefits. [34]
ACCORDINGLY, considering all the circumstances in this case, Hon. Florentino M. Alumbres, former presiding judge of the Regional Trial Court of Las Pias, Branch 255, is FINED FIVE THOUSAND PESOS (P5,000.00) for undue delay in rendering a decision in Civil Case No. LP-96-300. Said amount is hereby ORDERED deducted from retirement benefits of respondent. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC
A.M. No. RTJ-92-904 December 7, 1993 DR. NORBERT L. ALFONSO, complainant, vs. JUDGE MODESTO C. JUANSON, Branch 30, Regional Trial Court of Manila, respondent. Nicanor B. Padilla and Roberto A. Demigillo for complainant. S.N. Barlongay and W.B. Lachica for respondent.
DAVIDE, JR., J .: On 15 September 1992, the complainant, a doctor of medicine by profession, filed with this Court a sworn complaint charging the respondent with immorality and violation of the Code of Judicial Ethics. He accuses the respondent of maintaining illicit sexual relations with his wife, Sol Dinglasan Alfonso. The complainant and his wife were married on 10 December 1988 and their union bore them three children, all boys, ages 3 years old, 2 years old, and 4 months old, respectively. He alleges that their married life was peaceful and happy until the discovery of the sordid affair, which came about in this manner: Sometime in February 1991, the complainant received a phone call from the wife of the respondent who informed him that Sol and her husband (respondent) have been carrying on an affair and that she has in her possession the love letters of Sol which she wants to show to the complainant. Although he did not believe the information and even berated Mrs. Juanson for trying to ruin his family, he, nevertheless, told Sol about it. Sol assured him of her love and concern for the family and claimed that the respondent was just a client of her former office, the Banco Filipino (EDSA Cubao Branch). Two weeks later, Mrs. Juanson called him again to inquire if he had received the photocopies of Sol's love letters to the respondent. He again scolded Mrs. Juanson and told her not to call him up anymore. On 12 June 1992, he and Sol left for the United States of America (USA) for a vacation. He stayed there up to 19 July 1992; however, Sol returned ahead of him on 10 July 1992. During his absence, specifically on 17 June 1992, Mrs. Juanson called up his father, Atty. Norberto Alfonso, and divulged to the latter the illicit affair between the respondent and Sol. On 20 June 1992, Mrs. Juanson sent to Atty. Alfonso photocopies of Sol's love letters to the respondent. During their pre-arranged meeting on 25 June 1992, Mrs. Juanson delivered the original copies of Sol's alleged letters to Atty. Alfonso who was accompanied by the complainant's sister, Celestine A. Barreto. When Sol arrived in the Philippines on 10 July 1992, Atty. Alfonso decided to hire a private investigating agency to undertake an inquiry on the alleged illicit affair between Sol and the respondent. Through surveillance conducted by its private investigators, the agency found that Sol had met with the respondent on 11 and 17 July 1992 at Unit 412-A of Citihomes at 130 San Francisco St., Mandaluyong, Metro Manila, and that they stayed inside the unit for two to three hours. Complainant further alleges that on 25 July 1992, five days after his arrival from the USA, his sister Celestine told him about the illicit relationship between Sol and the respondent. Celestine showed him the pictures taken by the private investigators and the alleged love letters of Sol. In the evening of the said date, in the presence of their respective parents, the complainant confronted Sol and showed her the proofs; Sol still denied the affair and insisted that she was just discussing some business with the respondent. Later, however, at about 1:30 a.m. in their house, Sol finally admitted to having an illicit affair with the respondent since late 1983 when she was an employee of Banco Filipino (EDSA Cubao Branch) and that before they left for the USA, she met with the respondent at Unit 412-A Citihomes. As a result of this revelation, the complainant sent his wife out of the house. He and Sol have been living separately since 26 July 1992. He also subsequently discovered from the statement of the billing from Pacific Bell for overseas calls which he and Sol made while they were in the USA that on 17 and 25 June 1992 Sol had made calls to the respondent's office at the Manila Regional Trial Court. Complainant submits that the respondent is undeserving of the noble office of the judiciary and prays that he be meted the appropriate administrative sanction for immorality and violation of the Code of Judicial Ethics. In compliance with this Court's Resolution of 22 October 1992, the respondent filed his Comment on 21 December 1992. He admits that he knows Sol and that "they have been communicating with each other casually and innocently," but denies that they are lovers and were having an illicit affair, that Sol has been sending love letters to him, and that, except for the 11 and 17 July 1992 meetings, he and Sol had been going to the apartment situated at 130 San Francisco St., Mandaluyong, Metro Manila, and staying there for hours. He asserts that he came to know Sol sometime in 1987 when she engaged his professional services in connection with five criminal cases filed by her in the Office of the Provincial Prosecutor of Rizal and the in the Regional Trial Court of Pasig. In the course of their attorney-client relationship, Sol sought legal advice from him and during those occasions they usually talked over the phone and not in the office. In June 1992, he received an overseas call from Sol who was then in the USA. Sol asked for advice concerning her problem with her employer, the Security Bank and Trust Co. (Dau Central Branch). They agreed that Sol would see him upon her return to the Philippines. On 11 July 1992, shortly after her arrival from the USA, he ad Sol met at the aforementioned apartment, which was leased not by the respondent but by Celestino Esteban. After discussing her problem, with Celestino and two other persons present, he and Sol left the apartment and took a late lunch at Fastfood, Robinson. He reassures the complainant "that his wife has always been faithful to him and that he would do nothing as would tarnish their warm relationship, much less destroy the complainant's family." On 4 May 1993, the Court referred the case to Associate Justice Lourdes T. Jaguros of the Court of Appeals for investigation, report and recommendation. Justice Jaguros conducted a full-blown investigation. At the hearings on 17, 18, 21 and 29 of June 1993 and 6, 8, 9 and 12 of July 1993, the parties submitted testimonial and documentary evidence. On 4 October 1993, she submitted her Report and Recommendation dated 30 September 1993. Pertinent portions of her findings of facts read as follows: As culled from the evidence of this case, Complainant Dr. Norbert L. Alfonso and Sol Dinglasan were married at Sta. Ana Catholic Church on December 10, 1988 as evidenced by a marriage contract (Exh. "N"). Three children were born of this marriage, John Jason, three (3) years old, Jan Norbert, two (2) years old, and the youngest Jan Joseph, four (4) months old. Complainant and his family lived a happy and normal life with their Sundays spent on outings after the Sunday mass. (p. 9, tsn, June 29, 1993). In February, 1991, Complainant received phone calls from a woman introducing herself as a concerned friend telling that complainant's wife is having an illicit affair with her said woman caller's husband. Said caller did not identify herself but only said she was in possession of love letters of complainant's wife Sol to said caller's husband. After two weeks, said "concerned friend" called up the Complainant again to ask him if he had received said caller's registered mail. Complainant after both calls asked his wife Sol about her having an affair with another man, and in both instances, Sol assured him of her love. Then the calls stopped for the rest of the year 1991 and early part of 1992 although Complainant noticed that his wife Sol used to go out alone every Saturday. On June 12, 1992, Complainant and his wife Sol went to the U.S.A. for a vacation but the latter decided to return to Manila ahead of the former on July 10, 1992 (Exh. "O"). Complainant followed in returning home only on July 19, 1992 (Exh. "O-1"). On July 25, 1992, Complainant was invited by his father, Atty. Norberto Alfonso to his sister Celestine Barreto's house, and there his father showed him five (5) love letters written by Complainant's wife Sol with envelopes addressed to Atty. Modesto C. Juanson (Exhs. "A" to "E" and submarking), and pictures taken by private investigators of Complainant's wife and respondent Judge in company of each other (Exhs. "F-5" to "F-22", "G-2" to "G-14"). Complainant recognized the handwriting of his wife Sol in said love letters, specifically the GAIN memo pad paper used by Sol in her love letter (Exh. "D") which is a prescription pad of Complainant to his patients. Likewise, in the pictures, Complainant recognized his wife Sol holding a "Payless" bag (Exh. "F-6") with the Respondent Judge holding the same bag later on (Exh. "F- 14"). In practically all the pictures, Complainant identified his wife Sol and the respondent Judge. The Respondent Judge was no stranger to Complainant as the latter knows said Judge personally. Said Judge is one of the best friends of Complainant's parents-in-law and was even a sponsor in the wedding of Complainant's sister-in-law. Both Complainant and Respondent Judge had met thrice and talked with each other. The five love letters, including a picture of the Respondent Judge (Exh. "K") were handed to Complainant's father, Atty. Norberto Alfonso by a lady who introduced herself, as Mrs. Ceferina Juanson in the presence of Complainant's sister, Celestine Barreto. The three met at the front entrance of the Sto. Domingo Church, Quezon Boulevard, Quezon City and proceeded to the City Diners Restaurant in the same city where the three had a talk and where Mrs. Juanson handed to Atty. Alfonso the five love letters with a picture, at about 10:30 to 11:30 a.m. in late June 1992. Prior to said meeting on June 17, 1992, at about 11:00 a.m. a "concerned woman" had called up Atty. Alfonso at his home and in the vernacular had said "Tinataihan ang ulo ng anak mo ng babaeng iyan" referring to Complainant's wife. To clear Atty. Alfonso's doubt, the woman promised to send proofs which Atty. Alfonso received by LBC in a parcel containing the xerox copies of Complainant's wife's love letters to Atty. Modesto C. Juanson. After the meeting with the lady who identified herself as Mrs. Ceferina Juanson, Atty. Alfonso got an overseas call from Complainant that his wife Sol was coming home to Manila earlier so that Atty. Alfonso engaged the services of a private investigating agency, Truth Verifier System, Inc., to conduct surveillance of the activities of Complainant's wife, Sol upon her arrival from the U.S.A. Sol Alfonso did arrive on July 10, 1992, and on July 11 and 17, 1992, the Truth Verifier System, Inc. through Marjorie Juinio and Edgardo Tamayo, licensed private detectives conducted surveillance operation on Mrs. Sol Dinglasan and respondent Judge Modesto Juanson. On said date of July 17, 1992, said private detectives together with Raymond Tabangcura and Edgar Naquilla, saw, Sol Dinglasan Alfonso go out of her house carrying a bag, take a tricycle and alight at Lamayan St., walk towards Sta. Ana Church then board a taxicab. Following said taxicab, the taxi stopped at City Homes, San Francisco Street, Mandaluyong, Metro Manila. Sol went inside Unit 412-A Citihomes, and stayed inside for about three hours. Respondent Judge Modesto Juanson came out first of said unit, wearing blue walking shorts and light colored polo and carrying the plastic bag which Sol was seen carrying earlier, and then followed by Sol. At around 1:00 p.m., the Respondent Judge and Sol were inside said Respondent's Wrangler jeep on their way to Robinson Galeria at EDSA. The two ate at Mongolian Restaurant and at Gusto Unico, then they proceeded to Robinson's Supermarket. Inside the supermarket, Marjorie Juinio saw the Respondent Judge put his arm on the shoulder of Sol, and they were also seen holding hands (pp. 23-26, tsn, June 21, 1993). Then the two, Respondent Judge and Sol boarded the Wrangler jeep. At about 3:45 p.m., Sol alighted at the corner of Suter and Roxas Streets and then boarded a tricycle while the jeep left. The formal report of the Truth and Verifier System, Inc. has been offered by Complainant as Exhibit "F-1" to "F-4" while the many pictures taken of Respondent Judge and Sol were marked and offered as Exhibits "F-5" to "F-22". The other team of the Truth Verifier System, Inc. led by Edgardo Tamayo practically corroborated the findings of the Marjorie Juinio team. A formal report marked and offered as Exhibit "G" to "G-1", and pictures taken of Respondent Judge and Complainant's wife Sol marked and offered as Exhibits "G-2" to "G-14" were presented before the Investigator. Five days after the arrival of Complainant Dr. Norbert L. Alfonso, he was invited by his father, Atty. Norberto Alfonso to Norbert's sister's house in San Juan, Metro Manila. In the house of Celestine Alfonso Barreto, Atty. Alfonso showed his son, Norbert the love letters written by his wife Sol to Respondent Judge (Exhs. "A" to "E"). Complainants recognized the handwritings of his wife Sol and even the GAIN memo stationery which complainant was using as his prescription pad for his patients (Exh. "D"). He recognized his wife Sol and Respondent Judge in the pictures taken by the private detectives. On said day, Complainant Norbert Alfonso experienced the greatest shock of his life and wondered what happened to his life. His father, Atty. Alfonso, however, advised him not to hurt his wife Sol. In that same party, Complainant showed Sol the pictures and the love letters which made Sol turn pale and stammer when talking. Sol's own parents were embarrassed and walked out of the party. On the same night at about 10 in the evening, Complainant Dr. Norbert Alfonso confronted his wife Sol as to the truth of her relationship with Respondent Judge. Before the Investigator said Complainant made the following testimony on direct examination: xxx xxx xxx ATTY. DEMIGILLO: Q What else did your wife tell you during that confrontation, her exact words ? xxx xxx xxx A She took a deep breath again and told me, "Sweetheart, I am very, very, very sorry, I made a mistake." I asked, "What mistake is that ?" She replied, "I had sexual intercourse with the Judge." xxx xxx xxx Q What else, if any, happened during that confrontation? A I asked my wife "How many times did you have sexual intercourse with the Judge"? Q Was there any response? A She answered five times and then right away I said, "Putangina mo, five times lang.Alam mo ba kung ilan beses kitang naganyan? Tarantado ka." With my voice not so loud because the door and the windows were opened. If I shout the neighbors will hear and then the yayas will go down right away. Q What was your wife doing at that time? A My wife was crying and saying, "Sweetheart, I am very, very sorry. Forgive me." She was kneeling before me and begging forgiveness. "Forgive me, sweetheart, I love you." I told my wife, "you do not love me, you love your stupid Judge." Q Is there anything else that you discussed during that confrontation aside from the admission? A After that admittance of my wife having sexual relationship with the Judge, reminiscing the past events when we were together I told my wife, "That's why pala every Saturday umaalis ka dito. Sinong pinupuntahan mo?" And definitely, she admitted to me, "To the Judge." (pp. 35-41, tsn, June 29, 1993) The confrontation between Complainant and his wife Sol ended at about 5:00 a.m. of the following day, July 16, 1992 with Complainant asking Sol to leave the house. Sol also admitted to the Complainant that when she went to Hongkong on December 26, 1989 up to December 29, 1989 she was with Respondent Judge, and records of the Commission on Immigration for said dates show that both Sol Alfonso and Respondent Judge Modesto Juanson departed for Hongkong via Cathay Pacific plane on December 26, 1989 and returned to Manila on December 29, 1989 (Exhs. "P" and "P-1"). Also, Complainant received from his sister in California, U.S.A., a Pacific Bell Statement of Telephone Calls reflecting two calls made by his wife Sol to Manila, at numbers 632 476120. Number 632 is the country code while number 476120 is the phone number of the Regional Trial Court, Branch 30, where Respondent Judge is the Presiding Judge. As of now, Complainant Dr. Norbert Alfonso and his wife Sol live separately, and their three children are alternately in the custody of Complainant or Sol for certain number of days. Upon the other hand, Respondent Judge main defense is denial as he advances the position that Sol Dinglasan Alfonso was a former client when Respondent Judge was still a practicing lawyer, and that from time to time Sol would consult him regarding her cases. As to the Hongkong trip, Respondent Judge simply accompanied a former client who was looking for a house to buy in Hongkong and as to the visit in the Citihomes unit, Respondent Judge claimed that he was only visiting his godson George Zari who spent a vacation in the Philippines for a month. Some elaboration of the respondent's version is necessary. He is now 56 years old. (TSN, 8 July 1993, 31). He and his wife, Ceferina, were married in 1961 and have two sons. Ceferina is eight years his senior. (TSN, 12 July 1993, 4-5). From 1967 to 1969, he was the Chief Legal Officer in the Office of the City Mayor of Quezon City and from 1969 to 1982 he was the Second Assistant City Fiscal of Quezon City. After that and until November 1990, when he was appointed Judge of the Regional Trial Court at Urdaneta Pangasinan, he was in private practice of law. In April 1992, he was assigned to Branch 30 of the Regional Trial Court of Manila. (TSN, 8 July 1993, 32). He first came to know Sol when she hired his services as her counsel in six criminal cases involving dishonored checks she filed against Santiago Maramag and Evangeline Maramag. (Id., 33-39). In 1989, he saw Sol at the wedding of her sister Jennifer to Romeo Dizon; he stood as sponsor for the groom then. In June 1992, Romeo saw him at his office at the City Hall in Manila and sought advice regarding the letter Sol had received from the Security Bank requiring her to explain why she should not be declared absent without leave (AWOL) for leaving her work without an approved leave of absence. He told Romeo that he would not be able to give any advice unless he saw the letter and talked with Sol. A few days later, he received an overseas call from Sol who said that she left the Philippines sometime after 10 June 1992. He told her that he could not give any written or oral advice until he read the letter and talked with her. This overseas call might have been the 17 June 1992 call referred to in the Pacific Bell Statement. (Exhibit "Q"). He was not able to talk to her in the second overseas call referred to in Exhibit "Q." Two or three weeks alter, he received local call from Sol who told him that she was back and that she has the letter. Sol begged to see him at his office. He, however, told her that he was busy; besides, it was already late in the afternoon. She got frantic and so he told her that they could meet the following day at Unit 412-A, Citihomes, at 130 San Francisco St., Mandaluyong, since he was to meet his godson, George Zari, in the said place. They did meet there at 11:00 o'clock in the morning the following day 11 July 1992, a Saturday. Sol gave him the letter from the Security Bank and after interviewing her he promised to prepare a draft of a "reply." Present at that time were Celestino Esteban, lessee of the unit who is his friend, George Zari, and his live-in partner, Marissa. Forty-five minutes later, he decided to go home. Sol requested for a ride in his vehicle in order to alight at the place of her employer along EDSA and Shaw Boulevard to which he obliged. While on their way, Sol invited him for lunch and they went to the Mongolian Restaurant at Robinson's where they had lunch. They had coffee nearby and then parted ways. Thereafter, on separate days, Sol called him by phone to ask about the draft of the reply. On the second call, he told her that since he would meet George Zari on the 17th of July at Unit 412-A Citihomes, she might just as well meet him there. She acceded and on that date he left his office at about 11:00 o'clock in the morning and arrived at Unit 412-A thirty minutes later. (TSN, 12 July 1993, 25). Sometime after Sol arrived, he gave to her the draft of the reply and instructed her to type the letter, date and sign it, and then send it to her employer. He also referred her to Atty. Lachica to whom she should henceforth communicate because he, respondent, is busy at his office. When he was about to leave, Sol asked if she might ride in his vehicle in order to alight at EDSA-Shaw Boulevard to which he agreed. After that he did not meet Sol again. (TSN, 9 July 1993, 3-15). Respondent denies having gone to Hongkong with Sol on 26 December 1989 and having seen her in Hongkong. According to him, his traveling companion was Cua Sen. (Id., 16-23). Cua Sen corroborated him on this point. (TSN, 6 July 1993, 5-10). When confronted about the charge of immorality and unethical conduct for having illicit relations with Sol, he answered: "I deny it very strongly, your Honor." (Id., 32). Respondent further suggests that it was impossible for him to have sexual intercourse with Sol because he was suffering from two debilitating diseases diabetes mellitus, for which he has been "taking insulin" since 1987, and prostatitis which have seriously affected his sexual potency. In his own words, he "could hardly make it," and that he has "no erection whatsoever." (Id., 29-32; Exhibits "11" and "12"). Justice Jaguros gives full faith and credit to the complainant's version for she finds no reason not to believe the complainant. According to her, "[n]o man in his correct mind would come forward and claim that his honor and good name have been stained by an adulterous wife, doubt the paternity of his children, and in the process destroy his family and home." She ruled that the testimonies of the witnesses for the respondent Cua Sen, Celestino Esteban and former Judge Zari do not inspire belief. Justice Jaguros then concludes that the immoral conduct of the respondent has ruined two families his own and that of the complainant. Respondent "cannot escape from the blame and sin of what he has caused Complainant's once happy family." More pertinently she adds: But beyond the domestic confines of these two families, Respondent Judge is no ordinary mortal who can live the life he pleases having two women at the same time his wife and worst [sic], another man's wife. He is a Judge who symbolizes the law and the highest degree of morality in the community. The citizens look up to him as the embodiment of justice and decency, as he decides cases brought to his court. He can be no less. And invoking our decision in Leynes vs. Veloso (82 SCRA 325 [1978] ) and Castillo vs. Calanog (199 SCRA 75 [1991] ) as precedent and moral compass, she asserts that she has no other alternative but to find respondent "GUILTY as charged of Immorality and Violation of Judicial Conduct" and to recommend his "DISMISSAL . . . from office." In the light of the conclusions of the Investigating Justice and her recommendation for the imposition upon the respondent of the severest administrative penalty dismissal from the service it is all the more imperative to conduct as assiduous examination and evaluation of the records and the evidence. There is no doubt in our minds that a very special relationship existed between the respondent and the complainant's wife. For one, there are the cards or notes, which the complainant and the Investigating Justice described as love letters. These five "love letters" are marked as Exhibits "A." "B," "C," "D," and "E," and dated 3 July 1987, 23 May 1988, 15 February 1988, 11 January 1989, and 7 March 1989, respectively. For another, if we were to give full credit to the complainant's testimony that during their confrontation Sol had admitted having sexual intercourse with the respondent on five occasions (TSN, 29 June 1993, 39-40), it would appear that the relationship had developed into an extra-marital liaison. It was furthermore established that both Sol and the respondent took the same flights of Cathay Pacific aircraft to Hongkong on 26 December 1989 and back to the Philippines on 29 December 1989. There is, however, no evidence that they stayed together in the same hotel in Hongkong. On the other hand, there is the unrebutted testimony of Mr. Cua Sen that he, a client of the respondent, was the latter's travelling companion. From the foregoing, it is clear that their affair began before Sol and the complainant were married on 10 December 1988 and might have blossomed from the attorney-client relationship between respondent and Sol. Her marriage to the complainant did not diminish Sol's love for the respondent, for even after she committed herself to the complainant alone and made a vow of fidelity to him till death at the solemn ceremony of marriage, she still sneaked out her love notes to the respondent. It must, however, be stressed that the respondent is not charged with immorality or misconduct committed before he was appointed to the judiciary. As to the post-appointment period, we find the evidence for the complainant insufficient to prove that the respondent and Sol continued their extramarital affair. No love notes written by her after November 1990 were presented in evidence. If she did, they could have been kept with Exhibits "A" to "E" in some secret place which was not, however, unknown anymore to the respondent's wife. Sol's admission or confession to the complainant that she had carnal knowledge of the respondent on five occasions made no reference to specific dates and is hearsay. In his direct examination, the complainant's counsel exerted no further effort to obtain clarifications as to the dates thereof. He perhaps realized its futility because the narration by the complainant of the information clearly indicated that the complainant did not ask Sol to elaborate on the five illicit sexual acts. On cross-examination, counsel for the respondent carefully avoided any entanglement with the details of the admission not only because it might have provided an occasion for the complainant to elaborate thereon, but because it would have operated as a waiver of his objection to the testimony as hearsay. The transcripts of the stenographic notes discloses that the counsel for the respondent objected and entered a continuing objection to questions directed to elicit or which tended to elicit statements or admissions supposedly made or given by Sol on the grounds that any such statements or admissions would be hearsay or otherwise barred by the res inter alios acta rule. Justice Jaguros recognized the merit of the objection; hence, she allowed the answers to be taken merely as part of the narration nut not as evidence of the truth thereof. Thus: ATTY. DEMIGILLO: Q. What was her response to your exhortation? A. After a few minutes she took a deep breath and said, "Sweetheart, patawarin mo ako,nagkaroon ako ng kasalanan sa iyo." ATTY. BARLONGAY: At this juncture, Your Honor, we would like to register our objection as to the issue of the truth of the statement as purported to be answered by her wife for two reasons: One, it is hearsay. We have no opportunity to cross-examine the . . . COURT: As part of the narration. ATTY. BARLONGAY: Yes, as part of the narration, but just for the purposes of record we would like to register our objection as to the truth of the statement itself. First, it is hearsay; second . . . COURT: Precisely, admitted only as part of his narration. ATTY. BARLONGAY: That is alright. Second, it is . . . on the basis of the inter-alia [sic] rule, the admission of a party should not prejudice the rights of another. xxx xxx xxx ATTY. DEMIGILLO: Q. What was the exact statement of your wife? xxx xxx xxx ATTY. BARLONGAY: Again, subject to the observation of this Honorable Court, we would register our objections on these two grounds: Hearsay and res inter-alia [sic] rule. xxx xxx xxx ATTY. BARLONGAY: Excuse me, I have some manifestations . . . COURT: You have a continuing objection? ATTY. BARLONGAY: Yes, I am not going to do this at every turn. I just want to say that our objection is a continuing one. (TSN, 29 June 1993, 36-39). If they were then allowed by the Investigating Justice as merely "part of the narration," they should only be considered as independently relevant statements, i.e., proof that Sol made statements or admissions, but not as proof of the truth of facts revealed in the said statements or admissions. Elsewise stated, the admission in evidence of the words spoken by Sol is not to be used in determining the issue of their truth. (FRANCISCO, V.J.,The Revised Rules of Court in the Philippines, vol. VII, Part I, 1973 ed., 438). This being so, the acts of sexual intercourse admitted by Sol cannot, insofar as the respondent is concerned, be deemed proven by the said admission or confession. While it is true that technical rules of evidence should not be applied in administrative cases, however, since the Investigating Justice herself had specifically allowed the hearsay answers merely as part of the narration, or more specifically as independently relevant statements, it would be unfair and arbitrary to thereafter disregard the ruling. All told, there is in this case no direct and competent evidence against the respondent that he had illicit sex with Sol. But even if the admission of Sol were to be taken as proof of the truth of the facts so admitted, considering, however, that Sol's admission that she engaged in sexual intercourse on five occasions made no reference to specific dates, that their affair antedated Sol's marriage, that their last proven tryst was in Hongkong in 1989, and that there is an absence of positive and competent evidence to show that any of the five acts of sexual intercourse took place after the respondent's appointment to the judiciary , it cannot be safely presumed that the respondent committed any of the sexual indiscretions after he became a judge. Respondent is not charged for immorality committed before his appointment. Accordingly, proof of prior immoral conduct cannot be a basis for his administrative discipline in this case. The respondent may have undergone moral reformation after his appointment, or his appointment could have completely transformed him upon the solemn realization that a public office is a public trust and public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives. (Section 1, Article XI, 1987 Constitution). It would be unreasonable and unfair to presume that since he had wandered from the path of moral righteousness, he could never retrace his steps and walk proud and tall again in that path. No man is beyond reformation and redemption. A lawyer who aspires for the exalted position of a magistrate knows, or ought to know, that he must pay a high price for that honor his private and official conduct must at all times be free from the appearance of impropriety. (Jugueta vs. Boncaros, 60 SCRA 27 [1974]). And the lawyer who is thereafter appointed thereto must perforce be presumed to have solemnly bound himself to a way of conduct free from any hint or suspicion of impropriety. The imputation of illicit sexual acts upon the incumbent judge must be proven by substantial evidence, which is the quantum of proof required in administrative cases. This the complainant failed to do. The meetings of the respondent and Sol at Unit 412-A of Citihomes on 11 July and 17 July 1992 do not by themselves prove that these were trysts for libidinal gratification. Evidence was offered by the respondent to prove otherwise. However, considering their prior special relationship, the respondent and Sol's meetings could reasonably incite suspicion of either its continuance or revival and the concomitant intimacies expressive of such relationship. In short, the respondent suddenly became indiscreet; he succumbed to the sweet memories of the past and he was unable to disappoint Sol who asked for his legal advice on a matter which involved her employment. Such indiscretions indubitably cast upon his conduct an appearance of impropriety. He thus violated Canon 3 of the Canons of Judicial Ethics which mandates that "[a] judge's official conduct should be free from the appearance of impropriety, and his personal behavior, not only upon the bench and in the performance of judicial duties, but also in his everyday life, should be beyond reproach," and Canon 2 of the Code of Judicial Conduct which provides that "[a] judge should avoid impropriety and the appearance of impropriety in all activities." It has been said that a magistrate of the law must comport himself at all times in such manner that his conduct, official or otherwise, can bear the most searching scrutiny of the public that looks up to him as the epitome of integrity and justice. (Dia- Aonuevo v. Bercacio, 68 SCRA 81 [1975] ). The ethical principles and sense of propriety of a judge are essential to the preservation of the faith of the people in the judiciary. (Candia vs. Tagabucba, 79 SCRA 51 [1977] ). It is to be noted that 17 July 1992 fell on a Friday. On that date, the respondent left his office at the City Hall of Manila at about 11:00 o'clock in the morning and arrived at Unit 412-A Citihomes thirty minutes later. (TSN, 12 July 1993, 25). Per report of the private detectives (Exhibit "G"), the respondent and Sol left the unit as 1:30 o'clock in the afternoon on board a vehicle and that twenty- five minutes later, Sol alighted near the crossing overpass at United Street. It is, therefore, clear that on 17 July 1992 the respondent had left his office during office hours and, considering the distance between Mandaluyong and his office at the City Hall of Manila and the usual traffic condition, it was impossible for him to have reached his office if at all he did proceed to it in time for the commencement of the official session hours in the afternoon, i.e., 2:00 p.m. (Paragraph 5, Interim and Transitional Rules and Guidelines Relative to the Implementation of the Judiciary Reorganization of 1981). Thus, for purely personal sessions, he violated the rule regarding the official sentence. Such violation amounted to neglect of duty. Finally, a word on the respondent's defense that he not have sexual congress with Sol because he was suffering from diabetes mellitus and prostatitis. The claim is both self-serving and irrelevant. No expert testimony was presented to prove the stage, extent or degree of seriousness of the diseases and their effects on his capacity to copulate. The physicians who purportedly issued the medical certificates did not testify thereon. Besides, immorality for which the respondent is charged is not based alone on illicit sexual intercourse. It is settled that: immorality has not been confined to sexual matters, but includes conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, and dissoluteness; or is willful, flagrant, or shameless conduct showing moral indifference to opinions of respectable members of the community, and as an inconsiderate attitude toward good order and public welfare. (Black's Law Dictionary, Sixth ed., 1990, 751). WHEREFORE, for violations of the Code of Judicial Conduct, the Canons of Judicial Ethics, and the rule on official time, respondent JUDGE MODESTO C. JUANSON is hereby sentenced to pay a FINE of TWO THOUSAND PESOS (P2,000.00) and, further, sternly warned that a repetition of the same or similar acts shall be dealt with more severely. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC
A.M. No. RTJ-90-447 December 16, 1994 EMMA J. CASTILLO, complainant, vs. JUDGE MANUEL M. CALANOG, JR., respondent. R E S O L U T I O N
MENDOZA, J .: This refers to the "plea for judicial clemency and compassion" of Atty. Manuel M. Calanog, Jr. Atty. Calanog was formerly judge of the Regional Trial Court of Quezon City (Branch 7). In the decision of this Court of July 12, 1991 in this case, he was found guilty of immorality and ordered dismissed from the service "with prejudice to his reinstatement or appointment to any public office including a government-owned or controlled corporation, and forfeiture of retirement benefits, if any." He seeks, by his present petition, (1) a review of his dismissal for the purpose of being considered as having merely resigned from his position as an RTC judge; (2) the lifting of the penalty of perpetual disqualification from appointment to any public office or to any government-owned or controlled corporation; and (3) the nullification of forfeiture of his retirement benefits. Atty. Calanog does not seek a reconsideration of the decision in this case considering that his motion to this effect was denied on October 1, 1991 and the decision against him is now final. Rather he pleads for mercy, to be exempted from further service of the penalty imposed on him. In support of his petition he alleges that sufficient time has elapsed since his dismissal and that since then he has been "sufficiently punished and disciplined;" that he has undergone moral reformation and he promises never again to be involved "wittingly or unwittingly with any person or activity which may adversely affect his character and integrity;" and that except for this case he had an otherwise exemplary record as an RTC judge. Concerned with safeguarding the integrity of the judiciary, this Court has come down hard on erring judges, and justifiably so. Atty. Calanog accepts this as merited punishment for such judges. He asks, however, that in his case justice be tempered with mercy. Indeed the Court does not rule out the possibility of reformation which, when proven and considered together with the subject's potentiality and promise, may earn for him the Court's compassion. This is such a case. As proof of his moral regeneration, Atty. Calanog alleges that he has become active in religious and civic activities. He cites his membership in the Pag-Ibig sa Dios Catholic Community and Bibliarasal; participation in the Life in the Spirit Seminar and Marriage Encounter Class 148; his membership in the Board of Directors of the Rotary Club of Mandaluyong and of the Guaranteed Education, Inc., his being corporate secretary of Classic Plans, Inc., which offers educational plans to students at all levels of education, and his being legal counsel of United Mutual Benefit Association, Inc., Trustee of the Foundation for Sharing La Sallian Education of the De La Salle University, and auditor of the Philippine Federation of Pre-Need Plan Companies, Inc. In support of his allegations, he has submitted testimonials by Atty. Amado M. Santiago, Advising Elder of the Pag-Ibig sa Diyos Catholic Community; Brother Rafael S. Donato of the De La Salle University; Jose B. Uy, president of the Rotary Club of Mandaluyong; Mr. and Mrs. Roberto C. Albar of the Lord's Vineyard; Ernesto C. Hernandez, president of Classic Plans, Inc., and the Philippine Judges Association. Atty. Calanog appears to be sincerely repentant. He describes the effect of the decision in this case as a "healing surgery" for him. Atty. Calanog is a relatively young man of 54. If his contributions 1 during the four years that he was an RTC judge were any measure of his potentiality for public service, he has productive years still ahead of him which should not be foreclosed. The penalty of disqualification from appointment to any public office should be lifted so that the opportunity for public service in other fields may be opened to him. His return to the judiciary may not be feasible at this time considering the recency of our decision, 2 but certainly in the vast field of public service there should be room for the gainful employment of his talents. Indeed in the past this Court showed compassion in imposing penalties, taking into account the peculiar circumstances of the case. In one instance 3 it modified a judgment of dismissal and ordered the reinstatement of a judge. As for the forfeiture of retirement benefits as ordered in our decision, Atty. Calanog is not really entitled to any, having only rendered four years, seven months, and twenty four days of service in the government as RTC judge from November 18, 1986 to July 12, 1991. There is, therefore, no basis for his request for payment of retirement benefits to him. WHEREFORE, the petition for clemency and compassion of Atty. Manuel M. Calanog, Jr. is GRANTED and the penalty of disqualification from public office imposed on him is LIFTED. SO ORDERED.
FIRST DIVISION A.M. No. RTJ-96-1363. October 12, 1998 TOMAS CABULISAN, complainant, vs. JUDGE ADRIAN N. PAGALILAUAN, Respondent. D E C I S I O N BELLOSILLO, J.: A certain Tomas Cabulisan filed an administrative complaint dated 4 April 1995 against respondent Judge Adrian N. Pagalilauan, RTC-Br. 12, Sanchez Mira, Cagayan, for grave misconduct committed as follows: (1) peeping into the bathroom where Marilyn C. Dumayas, a public health nurse of the Sanchez Mira School of Arts and Trade, and daughter of the owner of the house where he was boarding, was then taking a bath; (2) having a mistress in the neighboring town of Pamplona where he would pass the night now and then; and (3) allowing local practitioners to write decisions for him. In the First Indorsement of then Deputy Court Administrator Juanito A, Bernad, the complaint was referred to the National Bureau of Investigation (NBI) which procured statements from Marilyn C. Dumayas, alleged victim of the peeping incident, and Gemma C. Cabading, Court Interpreter, RTC-Br. 12, Sanchez Mira, Cagayan. In her sworn statement executed on 1 August 1995 before NBI Agent Norman A. Toloza at the Administration Building of the SMSAT, Barangay Santor, Sanchez Mira, Marilyn C. Dumayas, married to Orlando T. Dumayas a process server in the sala of respondent, narrated that one morning in February 1995 (specific day was not mentioned) while she was taking a bath in the bathroom she noticed someone enter the adjacent comfort room. After she finished and was about to take her towel, she saw the face of respondent Judge Adrian N. Pagalilauan over the concrete dividing wall with his eyes looking at her naked body so she hurriedly wrapped herself with her towel and went out of the bathroom immediately. 1
One morning a week after, a similar incident happened again. While she was taking a bath in a squatting position in the same bathroom, and sensing that respondent would peep again, she instinctively glanced at the mirror in the bathroom and saw respondent from his chest up staring at her. Again, she immediately wrapped herself up with her robe and screamed as she fled from the bathroom. 2 A few days after the second incident, respondent voluntarily left her place and transferred to a neighbors house. 3
Gemma C. Cabading, in her sworn statement dated 11 August 1995, stated that she had no knowledge that respondent was maintaining a querida. 4 But she recalled that a certain Divina Calaycay frequented the sala of respondent but explained that Divina was the widow of Judge Infante S. Calaycay, a friend of respondent and his predecessor in office. 5 Cabading denied having any knowledge of practicing lawyers preparing decisions for respondent. 6
In his undated letter-comment, respondent denied the charges but admitted that while presiding judge of the Regional Trial Court of Sanchez Mira, Cagayan, he boarded in the house of Isabelo P. Castillo, father of Marilyn C. Dumayas and his former sheriff. Respondent explained that since he was not accustomed to sitting on the toilet bowl in the comfort room, he would squat on the bowl with his feet and not his buttocks resting on it. Respondent claimed that under that circumstance, he had to balance himself by placing one hand on the divider while mounting the bowl and dismounting from it. One morning in February 1995, while using the toilet bowl, he had to hold the top of the divider with his left hand to balance himself. His left hand almost dislodged the clothes of Marilyn which were draped on the divider. He held on to them to prevent them from falling on the floor. He concluded that Marilyn who was at the adjacent bathroom must have interpreted the movement of her hanging clothes as a deliberate and malicious act on his part thus giving rise to her suspicion that he was actually peeping at her. With regard to the charge that he had a mistress, respondent surmised that the woman alluded to was Divina Calaycay, widow of Infante S. Calaycay, his predecessor in the Regional Trial Court. He insisted that he and Divina Calaycay were merely friends, as he and her late husband were former classmates. There were even instances after the death of Judge Calaycay when she would visit him to ask help in connection with her husbands death benefits from the Employees Compensation Commission considering that he was formerly Executive Labor Arbiter of the National Labor Relations Commission before becoming a judge. On the accusation that respondent allowed local practitioners to write decisions for him, respondent maintained that it was baseless and merely fabricated. In the resolution of 2 October 1996 the Court noted the complaint as well as respondents comment and referred the case to Associate Justice Hilarion L. Aquino of the Court of Appeals for investigation, report and recommendation. Justice Aquino however filed a motion to be relieved as investigator on the ground that respondent was a friend and townmate and in fact consulted him once regarding this case. On 15 January 1997 the Court granted the motion of Justice Aquino and designated Justice Portia Alio- Hormachuelos of the Court of Appeals to replace him. In her Report and Recommendation dated 18 March 1997 Justice Alio-Hormachuelos recommended the dismissal of the complaint on the ground that the identity of the complainant could not be verified. Summons issued to complainant Tomas Cabulisan was returned with the notation RTS-unknown. According to the Officers Return of Service, there was no Tomas Cabulisan known to be residing in the address on record. Furthermore, in the report of NBI Agent Norman Taloza it was mentioned that complainant Tomas Cabulisan was a non- existing person. In the resolution of 17 September 1997 the case was referred back to Justice Portia Alio- Hormachuelos for a more thorough investigation on the ground that the alleged non-existence of the complainant was insufficient basis for dismissal since witnesses mentioned in the complaint could still be subpoenaed and required to testify. As a result, Marilyn C. Dumayas appeared in the formal investigation. She testified that respondent was a boarder in her familys house where she was also staying in 1995. 7 Their house had only one bathroom which adjoined the comfort room. 8 The two rooms were separated by a concrete divider about 2-1/2 meters in height which did not go all the way to the ceiling, such that there was an open space between the ceiling and the top of the divider. 9 This time however she claimed that she did not exactly see respondent looking at her; that she only saw his forehead and that she simply suspected that he peeped at her. She also declared that she did not remember if the peeping incident really happened twice. 10
There appears to be a conflict between Dumayas sworn statement executed 1 August 1995 and her testimony before the investigating justice on 7 November 1997. As a rule, affidavits are generally considered to be inferior to the testimony given in open court. 11 However, in the instant administrative case, the sworn statement of Marilyn C. Dumayas contains a detailed account of the two peeping incidents which is so persuasive as to convince us that it was what actually transpired, and not the version of respondent which is practically a mere denial. Marilyn previously stated- Q Will you please state what Judge Pagalilauan did something wrong to you? A Sometime in the month of February this year while I was taking a bath in the morning inside our bathroom I noticed someone entered the adjacent comfort room and after I finished taking a bath and I was about to take my towel I saw the face of Judge Pagalilauan over the dividing wall with his eyes looking towards my naked body and I hurriedly wrapped myself with my towel and went out immediately and banged the door. x x x Q Did Judge Pagalilauan do the same wrong again to you? A Yes, sir. Q When was that second incident happened? A A week after, sir. Q How did it happen? A One morning a week after when I took a bath in the bathroom in a squatting position and being aware that the Judge might do it again I happened to glance at the mirror inside the bathroom and I saw at the mirror a part of his body from chest to head looking at me so I again immediately wrapped myself with my bathrobe and hurriedly left the place screaming: Bastos ka nga laklakayan, maysa ka nga Judge ngem awan ti sursurom, pumanaw ka ditoy balay, diak kayat nga agian ka ditoy, addada judge nga kas kenka nga naggigian ditoy balay ngem saan da nga bastos nga kas kenka (You foolish old man, you are a Judge but you have no manners, leave the house and I dont want you to stay longer here, there were other Judges who stayed here but they were not as foolish as you) as I went upstairs. 12
Marilyn apparently has forgotten what she had once narrated specially in this case where the testimony before the investigating justice was given more than two (2) years after the incident. The fact that she has recounted the facts differently now may show a failure of memory, or could it be that she was swayed by the fact that her husband was a process server of respondents while her father was respondents former sheriff? Her sworn statement was replete with details which makes it more convincing and should be given more weight than her testimony simply denying that she saw respondent staring at her. Merely because she testified that what she had declared was false and that what she now says is true is not sufficient ground for concluding that her previous statements were false. Respondent, in his comment, clearly admits his presence in the adjoining toilet; his defense which consists mainly of the denial that he stared at Marilyn cannot prevail over the latter's positive assertion that she saw respondent looking at her naked body, specially in this case where she identified respondent in two separate peeping incidents as the culprit. We cannot accept his explanation that he had to hold the top of the divider with his hand to balance himself because he was not accustomed to sitting on the toilet bowl. It is a feeble excuse considering his stature and educational background. It was improbable for him to move the clothes of Marilyn and cause them to almost fall off the partition unless he was nervously committing something mischievous. His act of peeping at the married daughter of his landlord while she was taking a bath reflect respondent's obvious ungratefulness and moral depravity. Moreover, he callously abused the confidence of his landlord who had welcomed him into his home. In this administrative case, we are principally concerned with the moral fiber of respondent. We have repeatedly held that while every office in the government service is a public trust, no position exacts a greater demand on moral righteousness and uprightness of an individual than a seat in the judiciary. 13
People who run the judiciary, particularly justices and judges, must not only be proficient in both the substantive and procedural aspects of the law, but more importantly, they must possess the highest degree of integrity and probity and an unquestionable moral uprightness both in their public and private lives. 14
By committing the prurient acts in question, respondent violated the trust reposed in him and utterly failed to live up to the noble ideals and rigid standards of morality required in the judicial profession. 15
We absolve respondent however of the charge that he was keeping a mistress. From the evidence, the woman alluded to was Divina Calaycay who happened to be the widow of Judge Infante S. Calaycay, respondent's predecessor in office. Gemma Cabading, a court interpreter, testified that Judge Calaycay was a close friend of respondent who frequented his office seeking his help in obtaining the death benefits of her husband from the Employees Compensation Commission. 16 No evidence was produced to prove that there was more than friendship between the two and that Divina was his mistress. As to the charge that respondent allowed practicing lawyers to write decisions for him, court interpreter Gemma Cabading disclaimed any knowledge thereof. She said that the lawyers came to the court office only when their cases were scheduled in court. 17 There was no proof that respondent allowed practitioners to prepare decisions for him. WHEREFORE, for his disgraceful acts of voyeurism committed against Marilyn C. Dumayas, respondent Judge Adrian N. Pagalilauan, RTC-Br. 12, Sanchez Mira, Cagayan, is fined P10,000.00 with warning that a repetition of the same or similar acts will be dealt with more severely. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC G.R. Nos. 86587-93 July 25, 1989 ATTY. LOLITO G. APARICIO, petitioner, vs. HON. ERMELINDO C. ANDAL, Presiding Judge of the Regional Trial Court, Branch 27, 11th Judicial Region, With Station at Tandag, Surigao del Sur; The Republic of the Philippines, The National Treasurer of said Republic; The Commission on Audit of said Republic; And such other persons or entities of the Government as may be required by the Honorable Court to be included as parties or nominal parties, respondents. Lolito G. Aparicio for and in his own behalf. R E S O L U T I O N SARMIENTO, J : Assailed in this special civil action for certiorari, prohibition, and mandamus are the orders ** of the respondent judge dated October 11 and 12, 1988 in Criminal Cases Nos. 1371, 1439, 1475,1480, and 1476 and Civil Cases Nos. 742 and 755, denying the petitioner's Motion for Inhibition. Textually, the Motion for Inhibition reads: COMES NOW, the Movant to this Honorable Court respectfully states: (1) that the Movant has just received the letter from the Supreme Court through its Deputy Court Administrator, hereto attached to the original of this Motion only, same being covered by confidentiality as for its internal operation only, issued in connection with my Petition for inhibition, also annexed to the original only of this Motion, inhibition by the Honorable Presiding Judge of this Court, to inhibit himself from trying, hearing or in any manner acting on all cases, civil and criminal, in which the Movant is involved and handling. PRAYER WHEREFORE, in view of the letter of the Deputy Court Administrator of the Honorable Supreme Court, undersigned Attorney is compelled to request the Honorable Presiding Judge of this Court to inhibit himself from trying, hearing or in any manner acting in any of the cases in which the undersigned Attorney is involved and is handling or will be involved, either as Complainant or otherwise. Madrid, Surigao del Sur, Philippines. September 26, 1988. Respectfully submitted without argument: (SGD.) ATTY. LOLITO G. APARICIO Madrid, Suriga o del Sur IBP No. 172531 and PTR No. 879824 3, all for 1988 1
Considering the aforecited motion, Judge Andal issued the substantially identical orders assailed herein. The focal issue is whether or not Judge Andal acted with grave abuse of discretion amounting to lack of jurisdiction when he denied the petitioner's Motion for Inhibition in the several criminal and civil cases subject thereof and in thereafter continuing to take cognizance of said cases and all the other cases pending before him. Concomitant thereto is the question of whether or not Judge Andal can be held civilly liable for damages under Art. 32 of the Civil Code in relation to the constitutional provision that all public officers must at all times be accountable to the people. The petitioner maintains that there is between him and Judge Andal an existing state of hostility 2 sparked off by the filing by him of petitions for certiorari and administrative cases against the latter before this Court, prior to the filing of the Motion for Inhibition, which was, as earlier stated, denied by Judge Andal. He avers that although the Motion for Inhibition did not explicitly state on its face the valid grounds relied upon to support his motion, such grounds were known to Judge Andal. 3 He theorizes that the Judge in refusing to inhibit himself from the cases subject of the Motion for Inhibition and in all the other cases pending before him in which the petitioner is acting either as counsel or a party litigant, Judge Andal violated his constitutional rights to due process, equal protection of the law, access to the court and speedy disposition of cases, making Judge Andal civilly liable under Art. 32 of the new Civil Code. 4 He asserts that because of Judge Andal's refusal to inhibit himself, he (petitioner) and his family suffered mental anguish and incurred expenses for which they must be compensated. 5
On the other hand, Judge Andal maintains that the motion for inhibition did not cite any valid grounds to justify his inhibition. 6 He submits that when he denied the motion for inhibition, he was not aware that A.M. No. RTJ-88-245 was filed against him as it was only on November 4, 1988 when he received a resolution of this Court directing him to comment thereon, that he first came to know about it. 7 He describes as a mere gratuitous assumption the petitioner's assertion that in denying the Motion for Inhibition he was motivated by rancor and resentment because of the certiorari and administrative cases earlier filed against him. 8 In this score, he asseverates that he does not normally resent the filing of certiorari cases against him as he has neither the reason nor the luxury of time to entertain such a feeling. Moreover, he is so preoccupied with his case load to even think of it. 9 He further stresses that he has nothing personal against petitioner, as he does not know the latter personally. 10
On the claim for damages, he submits that the same is without basis and is purely imaginary and speculative. Rule 137, Section 1 of the new Rules of Court provides: Section 1. Disqualification of Judges No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record. A judge may, in the exercise of his sound discretion, disqualify himself from sitting ill a case for just or valid reasons other than those mentioned above. It must be observed that the Motion for Inhibition, as correctly stated by Judge Andal in his orders denying the same, cited no valid ground, which fact was confirmed by the prosecuting fiscal and the counsel for the accused in the criminal cases and the defendants in the civil cases. There is, therefore, no doubt that the denial of the said motion was not whimsical or capricious nor was the said denial intended to spite the petitioner, as the petitioner would want this Court to believe, but was done in the valid and judicious exercise of his function and duty as judge. We agree with the Solicitor General that the state of hostility being pressed by the petitioner is purely imaginary. 11 Indeed the petitioner had not presented any evidence to support his conclusion that the filing of the petition for certiorari docketed as UDK 8748 and UDK 8822 and the administrative cases adverted to, caused the displeasure of Judge Andal as to affect his impartiality in trying petitioner's cases. In fact, such allegations were refuted by Judge Andal when he categorically stated that he does not normally resent the filing of certiorari cases before this Court where he is impleaded as a mere nominal party, 12 after all, when still a practitioner he too filed certiorari cases. Moreover, as a judge, he knows he has neither the reason nor luxury of time to entertain such a feeling, preoccupied as he is with the many cases assigned to him.. 13
A circumspective analysis of the assailed orders belies the petitioner's charge of bias or prejudice and hostility, as all of the said orders appear to have been issued in accordance with law and nowhere was there a showing of any outward manifestation of the supposed state of hostility between Judge Andal and petitioner as to warrant the inhibition or disqualification of the former. And having denied the Motion for Inhibition, Judge Andal acted within his jurisdiction when he continued to take cognizance of all the cases pending before him, there being no writ of injunction or a restraining order issued, enjoining him to cease and desist from acting on the said cases. It must be noted that it was only on February 16, 1989 that a restraining order was issued by this Court. 14 The Court has held that mere pendency of a special civil action for certiorari commenced in relation to a case pending before the lower court, does not interrupt the course of the latter when there is no writ of injunction restraining it. 15 Likewise, "the mere filing of an administrative case against respondent judge is not a ground for disqualifying him from hearing the case, for if on every occasion the party apparently aggrieved would be allowed to either stop the proceedings in order to await the final decision on the desired disqualification, or demand the immediate inhibition of the judge on the basis alone of his being so charged, many cases would have to be kept pending or perhaps there would not be enough judges to handle all the cases pending in all the courts. The Court has to be shown acts or conduct of the judge clearly indicative of arbitrariness or prejudice before the latter can be branded the stigma of being biased or partial, 16 and on this regard the petitioner failed. In Pimentel vs. Salanga, 17 we rationalized: Efforts to attain fair, just and impartial trial and decision, have a natural and alluring appeal. But, we are not licensed to indulge in unjustified assumptions, or make a speculative approval to this Ideal. It ill behooves this Court to tar and feather a judge as biased or prejudiced, simply because counsel for a party litigant happens to complain against him. As applied here, respondent judge has not as yet crossed the line that divides partiality and impartiality. He has not thus far stepped to one side of the fulcrum. No act or conduct of his would show arbitrariness or prejudice. Therefore, we are not to assume what respondent judge, not otherwise legally disqualified, will do in a case before him. We have had occasion to rule in a criminal case that a charge made before trial that a party "will not be given a fair, impartial and just hearing is "premature." Prejudice is not to be presumed. Especially if weighed against a judge's legal obligation under his oath to administer justice without respect to person and do equal right to the poor and the rich." To disqualify or not to disqualify himself then, as far as respondent judge is concerned, is a matter of conscience. (Emphasis supplied). On his claim for damages against Judge Andal in these same proceedings, the petitioner-lawyer invokes Art. 32 of the Civil Code which provides in part: Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: x x x 8) The right to the equal protection of the laws x x x 16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf: x x x (19) Freedom of access to the courts. x x x The responsibility herein set forth is not demandable from the judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. In Aberca v. Ver, 18 we postulated thus: "The purpose of the above codal provision is to provide a sanction to the deeply cherished rights and freedom enshrined in the constitution. Its message is clear; no man may seek to violate those sacred rights with impunity." Under said article judges are excluded from liability, provided their acts or omissions do not constitute a violation of the Penal Code and other penal statute. 19 As we have earlier stated, the acts of Judge Andal in denying the motion for inhibition and in thereafter proceeding with the trial of the different criminal and civil cases pending before his court were done in a regular manner and were considered as his official acts, thus, he is not answerable for damages. In Alzua and Arnalot vs. Johnson, 20 this Court, adopting the concurring opinion in Forbes, etc. vs. Chuoco Tiaco and Crossfield, 21 stated thus: ... whenever and wherever a judge of a court of superior jurisdiction exercises judicial functions, he will not be personally liable in civil damages for the result of his actions, and the test of judicial liability is not jurisdiction, but such liability depends wholly upon the nature of the question which is being determined when the error complained of is committed by the court. If such question is one the determination of which requires the exercise of judicial functions, the judge is not liable, even though there is in reality an absolute failure of jurisdiction over the subject matter ... . An important point that should not be overlooked in this case is petitioner's audacious propensity of filing certiorari and administrative cases against the respondent judge based on flimsy and unfounded charges he can conceive. Thus, it behooves us to remind the petitioner of his basic duty "to observe and maintain the respect due to the courts of justice and judicial officers to conduct himself with "all good fidelity to the courts;" to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance that his duty to render respectful civility, without fawning, to the courts is indeed essential to the orderly administration of justice. Thus, he should be courteous, fair, and circumspect, not petulant, combative, or bellicose in his dealings with the courts; and finally, that the use of disrespectful, intemperate, manifestly baseless, and malicious statements by an attorney in his pleading or motion is not only a violation of the lawyer's oath and a transgression of the cannons of professional ethics, but also constitutes direct contempt of court for which a lawyer may be disciplined. 22
Accordingly, the petitioner is hereby admonished to be more prudent in his dealings with the court and its judicial officers. WHEREFORE, premises considered, the petition is DISMISSED for lack of merit. The Restraining Order dated February 16, 1980 is lifted and set aside. Atty. Lolito G. Aparicio is hereby REPRIMANDED for conduct unbecoming a member of the bar and an officer of the court with a WARNING that a repetition of the same or similar conduct will be dealt with more severely. Let a copy of this resolution be entered in the bar record of Atty. Lolito G. Aparicio.
Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 79284 November 27, 1987 FROILAN C. GANDIONCO, petitioner, vs. HON. SENEN C. PEARANDA, as Presiding Judge of the Regional Trial Court of Misamis Oriental, Branch 18, Cagayan de Oro City, and TERESITA S. GANDIONCO, respondents.
PADILLA, J .: A special civil action for certiorari, with application for injunction, to annul (1) the Order of the respondent Judge, dated 10 December 1986, ordering petitioner to pay support pendente lite to private respondent (his wife) and their child, and (2) the Order of the same respondent Judge, dated 5 August 1987, denying petitioner's motion to suspend hearings in the action for legal separation filed against him by private respondent as well as his motion to inhibit respondent Judge from further hearing and trying the case. On 29 May 1986, private respondent, the legal wife of the petitioner, filed with the Regional Trial Court of Misamis Oriental, 10th Judicial District, Branch 18, in Cagayan de Oro City, presided over by respondent Judge, a complaint against petitioner for legal separation, on the ground of concubinage, with a petition for support and payment of damages. This case was docketed as Civil Case No. 10636. On 13 October 1986, private respondent also filed with the Municipal Trial Court, General Santos City, a complaint against petitioner for concubinage, which was docketed on 23 October 1986 as Criminal Case No. 15437111. On 14 November 1986, application for the provisional remedy of support pendente lite, pending a decision in the action for legal separation, was filed by private respondent in the civil case for legal separation. The respondent judge, as already stated, on 10 December 1986, ordered The payment of support pendente lite. In this recourse, petitioner contends that the civil action for legal separation and the incidents consequent thereto, such as, application for support pendente lite, should be suspended in view of the criminal case for concubinage filed against him the private respondent. In support of his contention, petitioner cites Art. III. Sec. 3 of the 1985 Rules on Criminal Procedure, which states: SEC. 3. Other Civil action arising from offenses. Whenever the offended party shall have instituted the civil action to enforce the civil liability arising from the offense. as contemplated in the first Section 1 hereof, the following rules shall be observed: (a) After a criminal action has been commenced the pending civil action arising from the same offense shall be suspended, in whatever stage it may be found, until final judgment in the criminal proceeding has been rendered. . . . The civil action for legal separation, grounded as it is on concubinage, it is petitioner's position that such civil action arises from, or is inextricably tied to the criminal action for concubinage, so that all proceedings related to legal separation will have to be suspended to await conviction or acquittal for concubinage in the criminal case. Authority for this position is this Court's decision in the case of Jerusalem vs. Hon. Roberto Zurbano. 1 Petitioner's contention is not correct. In Jerusalem, the Court's statement to the effect that suspension of an action for legal separation would be proper if an allegation of concubinage is made therein, relied solely on Sec. 1 of Rule 107 of the then provisions of the Rules of Court on criminal procedure, to wit: Sec. 1. Rules governing civil actions arising from offenses.-Except as otherwise provided by law, the following rules shall he observed: (a) When a criminal action is instituted, the civil action for recovery of civil liability arising from the offense charged is impliedly instituted with the criminal action, unless the offended party expressly waives the civil action or reserves his right to institute it separately; (b) Criminal and civil actions arising from the same offense may be instituted separately, but after the criminal action has been commenced the civil action can not be instituted until final judgment has been rendered in the criminal action; (c) After a criminal action has been commenced, no civil action arising from the same offense can be prosecuted and the same shall be suspended in whatever stage it may be found until final judgment in the criminal proceeding has been rendered ... (Emphasis supplied) The provisions last quoted did not clearly state, as the 1985 Rules do, that the civil action to be suspended, with or upon the filing of a criminal action, is one which is "to enforce the civil liability arising from the offense". In other words, in view of the amendment under the 1985 Rules on Criminal Procedure, a civil action for legal separation, based on concubinage, may proceed ahead of, or simultaneously with, a criminal action for concubinage, because said civil action is not one "to enforce the civil liability arising from the offense" even if both the civil and criminal actions arise from or are related to the same offense. Such civil action is one intended to obtain the right to live separately, with the legal consequences thereof, such as, the dissolution of the conjugal partnership of gains, custody of offsprings, support, and disqualification from inheriting from the innocent spouse, among others. As correctly pointed out by the respondent Judge in his Order dated 5 August 1987: The unreported case of JERUSALEM vs. Hon. Roberto Zurbano, Judge of CFI of Antique, et al., L-11935, April 24, 1959 (105 Phil. 1277) is not controlling. It applied paragraph C of Sec. 1, of then Rule 107 of the Rules of Court, which reads: After a criminal action has been commenced, no civil action arising from the same offense can be prosecuted and the same shall be suspended, in whatever stage it may be found, until final judgment in the criminal proceeding has been rendered. (Emphasis supplied) The governing rule is now Sec. 3, Rule 111, 1985 Rules on Criminal Procedure which refers to "civil actions to enforce the civil liability arising from the offense" as contemplated in the first paragraph of Section 1 of Rule 111-which is a civil action "for recovery of civil liability arising from the offense charged." Sec. 1, Rule 111, (1985) is specific that it refers to civil action for the recovery of civil liability arising from the offense charged. Whereas, the old Sec. 1 (c), Rule 107 simply referred to "Civil action arising from the offense." As earlier noted this action for legal separation is not to recover civil liability, in the main, but is aimed at the conjugal rights of the spouses and their relations to each other, within the contemplation of Articles 7 to 108, of the Civil Code." 2
Petitioner also argues that his conviction for concubinage will have to be first secured before the action for legal separation can prosper or succeed, as the basis of the action for legal separation is his alleged offense of concubinage. Petitioner's assumption is erroneous. A decree of legal separation, on the ground of concubinage, may be issued upon proof by preponderance of evidence in the action for legal separation. 3 No criminal proceeding or conviction is necessary. To this end, the doctrine in Francisco vs. Tayao 4 has been modified, as that case was decided under Act. No. 2710, when absolute divorce was then allowed and had for its grounds the same grounds for legal separation under the New Civil Code, with the requirement, under such former law, that the guilt of defendant spouses had to be established by final judgment in a criminal action. That requirement has not been reproduced or adopted by the framers of the present Civil Code, and the omission has been uniformly accepted as a modification of the stringent rule inFrancisco v. Tayao. 5
Petitioner's attempt to resist payment of support pendente lite to his wife must also fail, as we find no proof of grave abuse of discretion on the part of the respondent Judge in ordering the same. Support pendente lite, as a remedy, can be availed of in an action for legal separation, and granted at the discretion of the judge. 6 If petitioner finds the amount of support pendente lite ordered as too onerous, he can always file a motion to modify or reduce the same. 7
Petitioner lastly seeks to have the respondent Judge disqualified from hearing the case, as the grant of supportpendente lite and the denial of the motion to suspend hearings in the case, are taken by the petitioner as a disregard of applicable laws and existing doctrines, thereby showing the respondent Judge's alleged manifest partiality to private respondent. Petitioner's contention is without merit. Divergence of opinions between a judge hearing a case and a party's counsel, as to applicable laws and jurisprudence, is not a sufficient ground to disqualify the judge from hearing the case, on the ground of bias and manifest partiality. This is more so, in this case, where we find the judge's disposition of petitioner's motions to be sound and well-taken. WHEREFORE, the instant petition is hereby DISMISSED. Costs against petitioner. SO ORDERED.
EN BANC [A.M. No. RTJ-96-1336. July 25, 1996] JOCELYN TALENS-DABON, complainant, vs. JUDGE HERMIN E. ARCEO, respondent. D E C I S I O N PER CURIAM: Once again, this Court must strike hard at an erring member of the Judiciary. The case before us stemmed from a sworn-complaint filed by Jocelyn C. Talens-Dabon, Clerk of Court V of the Regional Trial Court of San Fernando Pampanga, charging Judge Hermin E. Arceo, the Executive Judge thereat with gross misconduct. The complaint was later amended to include immorality. Judge Arceo filed his answer with counter-complaint to the main complaint and his answer to the amended complaint. He likewise submitted the affidavits of his witnesses. After considering the answers, we issued a Resolution dated February 1, 1996 referring the case to Associate Justice Portia Alio-Hormachuelos of the Court of Appeals for investigation, report, and recommendations, and at the same time, placing Judge Arceo under preventive suspension for the duration of the investigation (p. 61, Rollo). After requests for postponement from both parties, hearings were held on March 4, 19, 20, 21, 22, and on April 1, 8, 10 and 18, 1996. Both parties presented their respective witnesses. Except for Atty. Arnel Santos and Prosecutor Ramon S. Razon, all of Judge Arceo's witnesses were court employees assigned at either the Office of the Clerk of Court or Branch 43 of the Regional Trial Court of San Fernando, Pampanga. In due time, the Investigating Justice submitted her Report and Recommendation with the following findings: The evidence shows that complainant Atty. Jocelyn "Joy" C. Talens-Dabon, 29, a resident of Dolores, San Fernando, Pampanga, is the Assistant Clerk of Court of the RTC, San Fernando, Pampanga which item she assumed on August 10, 1995, after working for more than a year as Branch Clerk of Court of RTC Kalookan City under Judge Adoracion G. Angeles. At the time of her assumption to office, she was about to get married to Atty. Dabon, a lawyer who work at the Court of Appeals. She is a Methodist, the same religion as that of respondent's wife and family. Respondent Judge Hermin E. Arceo, 54, a resident of Guiguinto, Bulacan is the Presiding Judge of the RTC Branch 43 in San Fernando, Pampanga. He was newly designated Executive Judge therein vice Judge Teodoro Bay who transferred to Quezon City. His wife is ailing and on dialysis, and has been residing in the U.S. with their daughter since 1989. His family is in the printing business and his translations of some laws and books have been published (Exhs. 15-23). He has pursued further legal studies abroad either as participant or guest. He is President of the Pampanga- Angeles City RTC Judges Association and was designated Presidential Assistant for Operations of the Philippine Judges Association (PJA). Three days after complainant first reported at the Office of the Clerk of Court, Atty. Elenita Quinsay, she was summoned by respondent. He was typing when she came in and at this first meeting, she was surprised that without even looking up at her, he asked her in a loud voice what she wanted. When he did look at her she was bothered by the way he looked at her from head to foot "as if he were undressing her." Respondent told her that she was going to be detailed to his office as his assistant, a situation which she did not welcome having heard of respondent's reputation in the office as "bastos" and "maniakis" prompting her to work for her transfer to Branch 45 under Judge Adelaida Ala-Medina. On August 21, 1995, complainant received respondent's Executive Order No. 001-95 (Exh. H) requiring her to report to the office of the Executive Judge effective August 28, 1995. Her work was to draft and file memos and circulars, pay telephone and electric bills and other clerical duties assigned to her by respondent. At one time she was designated to act as Branch Clerk of Court of Branch 43 in the absence of OIC Bernardo Taruc. She observed respondent to be rude and disrespectful to her and the other court personnel. He talked in a loud voice and shouted at them; used offensive words such as "walang isip", "tanga"; told green jokes and stories; made harsh and negative comments about court personnel in the presence of others. Whenever he had the opportunity he would make bodily contact ("chancing") with her and certain female employees. Twice as she was about to go out the door respondent would approach it in big strides so that his body would be in contact with hers and he would press the lower part of his body against her back. When complainant introduced her fiance to him, respondent asked her why she was playing with her forefinger, at the same time gesturing with his to signify sexual intercourse. Sometime in November 1995, respondent kissed complainant on the cheek, a fact admitted by him in his testimony. He also admitted kissing witnesses Marilyn Leander, Ester Galicia and other female employees. Sometime in October 1995, the Courts of San Fernando transferred to the Greenfields Country Club due to the inundation of their regular offices with lahar. Ester Galicia whose house was also affected was allowed to house her appliances in the staff room of RTC Branch 43. These included a VCR on which, as testified by witness Bernardo Taruc, a VHS tape entitled "Illegal in Blue" brought by respondent was played at respondent's bidding. The tape contained explicit sex scenes and during its showing respondent would come out of his chamber and tease the female employees about it. Taruc further related that at one time respondent brought and showed to the employees a picture which when held in some way showed figures in coital position. Adding to complainant's apprehensions about respondent's sexual predilection were the revelations of Marilyn Senapilo-Leander, 23, a stenographer of Branch 43. Testifying on her own experiences with respondent, Leander stated that respondent wrote a love poem to her (Exh. A) and that many times while taking dictation from respondent in his chamber, he would suddenly dictate love letters or poems addressed to her as if courting her (Exhs. B to E). He kissed her several times, pointedly stared at her lower parts when she wore tight pants and made body contacts ("chancing"). At one point bursting into tears -- which prompted this Investigator to suspend her testimony; she was so agitated -- Leander testified of the time that respondent summoned her to his chamber and she found him clad only in briefs. When she turned around to flee, respondent called after her saying "why are you afraid. After all, this is for you." Leander took into her confidence the most senior employee in Branch 43, OIC Clerk of Court Bernardo Taruc who then took it upon himself to accompany Leander in respondent's office whenever he could or ask other female employees to accompany her. Taruc asked Leander to report the matter to Deputy Court Administrator Reynaldo Suarez but Leander expressed fear of retribution from respondent. When Leander's wedding was set in late 1995, respondent taunted her by saying "Ikay, ang dami ko pa namang balak sa 'yo, kinuha pa naman kita ng bahay sa isang subdivision, tapos sinayang mo lang, tanga ka kasi!" This is admitted by respondent who said it was only a joke. Asked why she did not file any complaint against the respondent for sexually harassing her, Marilyn Leander explained: "I am afraid considering that I am just an ordinary employee. And I know for a fact that Judge Hermin Arceo is a very influential person, he is very rich. I know he has lots of friends in Pampanga like the Governor. I know I cannot fight by myself alone." (TSN, March 20, 1966, p. 30). For the complainant, these personal and vicarious experiences hit bottom with the incident that happened in the afternoon of December 6, 1995. As testified by complainant, corroborated in parts by Bemardo Taruc, Yolanda Valencia and Rosanna Garcia, complainant was summoned at about 1:30 p.m. to respondent's temporary chamber at Greenfields Country Club by respondent who himself came to the Staff room. By this time, only the Office of the Clerk of Court and RTC Branch 43 had been left at Greenfields; the other RTC branches had returned to their usual offices at the Hall of Justice. The Sangguniang Panglalawigan which had also occupied Greenfields had likewise vacated the building only the day before. At his temporary chamber at Greenfields, respondent occupied two (2) small adjoining rooms while the personnel of the Office of the Clerk of Court and RTC Branch 43 occupied a bigger room called the Maple Room (Please see Exhs. "J", "K" and "2"). In respondent's Floor Plan marked Exhibit "2" it appears that from respondent's chamber, one had to pass a chapel and bar lounge before reaching the staff room. The door to the outer room of the chamber was equipped with a knob and an automatic door closer. When locked from inside, it could not be opened outside except with a key. Since there was no airconditioner, this door was usually held open for ventilation by a chair or a small table. The outer room had filing cabinet and sacks of rice lined up on two (2) sides of the wall. The inner room also had a door but without a knob. Respondent had his desk here. The window in this room opened to the lawn of the Country Club. Amid this backdrop in what may have been a somnolent afternoon at Greenfields, complainant entered respondent's office. Already made cautious by respondent's reputation and Mrs. Leander's experience, she took care to check the outer door and noted the chair which prevented it from closing. Her apprehension increased because the hallway was clear of people and only the personnel of Branch 43 and the Office of the Clerk of Court were left holding office there. She entered the inner room, and sat on a chair in front of respondent's desk. They talked about the impending construction of the Hall of Justice. Their conversation was interrupted when Bemardo Taruc dropped by to tell respondent of a phone call for him. Respondent left the room but told complainant to remain for the signing of her Certificate of Service which she was then bringing. After a few minutes respondent returned and they resumed their conversation. When the talk veered to his wife, complainant became uneasy and directed respondent's attention to her unsigned Certificate of Service. After respondent signed it, complainant prepared to leave the room. At this juncture, respondent handed to her a folded yellow paper containing his handwritten poem (Exh. M; p. 22, Record). Hereunder quoted is the poem and complainant's interpretation of it as contained in her Memorandum: "Dumating ka sa buhay ko isang araw ng Agosto Ang baon mo ay 'yong ganda at talinong abogado Ang tamis ng 'yong ngiti ang bumihag sa puso ko Malakas na pampalubag sa mainit kong ulo." "Indeed, the last two lines of the first stanza are consistent with complainant's claim regarding respondent's rude manner and erratic mood swings. "The second stanza of respondent's poem also jibes with his own testimony that he would often look for complainant whenever he would not see her, and with complainant's testimony that respondent's behavior towards her -- his propensity to utter remarks with sexual connotations, his acts of making physical contact with her, among others -- "Ang akala ko'y gayong lamang magiging pagtingin sa iyo Ako itong amo at ikaw ang empleyado Bakit habang tumatagal isip ko'y nagugulo Pag di ka nakikita'y laging nagagalit ako." "The third stanza is most descriptive of respondent's attitude towards complainant which complainant and her witnesses described as rude. It is also consistent with the testimonies of witnesses that respondent would shout at complainant and would crack green jokes towards her: "Damdamin kong sumusumpling pilit kong itinatago Sa malalakas na mga tinig asik at mga biro Ngunit kung nag-iisa puso ko'y nagdurugo Hinahanap ng puso ko ang maganda mong anyo. "The fifth stanza jibes with complainant's testimony that respondent gave her an unexpected kiss on at least two occasions: "Bawat patak ng luha ko'y mga butil ng pag-ibig Na siya kong kalasag sa pagnanakaw ng halik Sa pisngi mo aking mahal, aking nilalangit Patak ng ulan -- sa buhay kong tigang ang nakakawangis." "Finally, the fourth and last paragraphs of the poem provides the context of the lascivious acts committed by respondent against complainant on 6 December 1995: "Sawingpalad na pagibig nabigong pangarap Na ikaw ay maangkin, mahagkan at mayakap Pag-ibig mo'y ibinigay sa higit na mapalad Ako ngayo'y naririto bigong-bigong umiiyak." Kapalaran ay malupit, di kita makatalik Sa ngayon o bukas pagkat di mo ibig Aangkinin kita kahit sa panaginip Gano'n kita kamahal Joy, aking pag- ibig." (Complainant's Memorandum, pp. 32-33) Complainant found the poem repulsive (obscene) particularly the line saying "Kapalaran ay malupit, di kita makatalik sa ngayon at bukas pagkat di mo ibig." In her testimony, complainant said she considered the poem malicious because they were both married persons, and he was a judge and she was his subordinate. Although outraged, complainant respectfully asked permission to leave while putting the poem in the pocket of her blazer. She then proceeded towards the outer room where she was surprised to find the door closed and the chair holding it open now barricaded it. The knob's button was now in a vertical position signifying that door was locked. Complainant was removing the chair when respondent walked to her in big strides asking her for a kiss. Seconds later he was embracing her and trying to kiss her. Complainant evaded and struggled and pushed respondent away. Then panicking, she ran in the direction of the filing cabinets. Respondent caught up with her, embraced her again, pinned her against the filing cabinets and pressed the lower part of his body against hers. Complainant screamed for help while resisting and pushing respondent. Then she ran for the open windows of the inner room. But before she could reach it respondent again caught her. In the ensuing struggle, complainant slipped and fell on the floor, her elbows supporting the upper part of her body while her legs were outstretched between respondent's feet. Respondent then bent his knees in a somewhat sitting (squatting) position, placed his palms on either side of her head and kissed her on the mouth with his mouth open and his tongue sticking out. As complainant continued to struggle, respondent suddenly stopped and sat on the chair nearest the door of the inner room with his face red and breathing heavily. Complainant angrily shouted "maniac, demonyo, bastos, napakawalanghiya ninyo". Respondent kept muttering "I love you" and was very apologetic offering for his driver to take her home. Complainant headed for the Maple Room where, when she entered, she was observed by Bernardo Taruc and Yolanda Valencia to be flushed in the face and with her hair disheveled. Yolanda particularly found surprising complainant's disheveled hair because complainant considered her (long straight) hair one of her assets and was always arranging it. Rosanna Garcia in her testimony observed that complainant was really angry as shown by the way she grabbed her bag "talagang galit." It is to be noted that Mrs. Rosanna Garcia, 36, was a most reluctant witness. When first subpoenaed, she did not appear and sent a medical certificate (p. 120, Record) that she was suffering from hypertension. She testified that she was asked by respondent to sign an affidavit (Exh. F, pp. 56-57, Record) prepared by him and that eventually, she executed a Sinumpaang Salaysay in her own handwriting (Exh. G) wherein she stated that some of the statements in her earlier affidavit were false and that she was only forced to sign because respondent shouted at her when she refused; that she was afraid of respondent who was her boss. She corroborated complainant's declaration that respondent went to the door of the Maple Room in order to call her (complainant), adding that his call could not be made from his office because he could not be heard as his office was far from the Maple Room. T his is in direct contrast to respondent's testimony that he did not summon complainant but she came to him to get the poem that she asked him to make for her. When complainant angrily left the Maple Room, Yolanda Valencia followed and walked with her outside. On the road, complainant told Valencia "napakawalanghiya ni Judge, bastos, demonyo" and vowed that she would tell her family about what respondent did to her so that her father would maul him. As testified by Yolanda Valencia, complainant was so angry "nagdadabog talaga siya" (TSN, March 19, 1996, p. 194). But as they were already on the road, complainant did not tell Valencia what happened. The next day complainant related her experience to Bernardo Taruc with whom she rode to the office. As testified by Taruc: "A She was telling me about the incident which happened that afternoon of December 6, 1995. Q Can you tell us what she told you about the December 6, 1995 incident? A She told me that she was kissed by the Judge inside his office. Q What else did she tell you, if any? A She said that she was pushed on the floor and she was very disorganized in relating the incident it was as if she was trying to say all things at the same time. But what I got from her was that she was kissed by the Judge in the office on December 6 on the lips and she was fuming mad. Q What was your reaction when you heard that from Atty. Talens-Dabot? A I was . . . I was shocked . . . I don't know the proper term. I was shocked. Q What did you say or do upon learning the incident? A When she later on was pacified, she asked me, 'what am I going to do? Am I going to press charges?' Q What did you say? A I told her it is up to her and before doing it she has to weigh all things, the consequences if she would file a case. Q Was that the end of the conversation? A No, she kept on retelling it all over again till we reach the office." (TSN, March 20, 1966, pp. 127-128). Complainant also related what happened to witness Atty. Elenita Quinsay but, as testified by Atty. Quinsay, complainant did not want anybody (else) to know about the kissing incident at that point. Atty. Quinsay advised complainant to talk with respondent and ask for a transfer. On December 12, 1995 complainant went to the Hall of Justice where respondent was, and as he was about to board his car, approached him and verbally broached her request for transfer. He acceded. Thus in the morning of December 18, 1995, complainant brought her written request for transfer dated December 12, 1995 (Exh. N) for respondent's signature, reminding him of his earlier verbal approval. He refused saying he needed her for two (2) administrative cases that he was investigating. When she insisted, he shouted at her saying it was his decision and had to be obeyed. However, he eventually signed the memorandum (Exh. O) transferring her later that morning. Two days later, on December 20, 1995, complainant, after consulting her family, reported the matter to the police and filed with the Municipal Trial Court of San Fernando, Pampanga criminal cases for acts of lasciviousness (Exh. 3), Violation of Anti-Sexual Harassment Law (Exh. 5) and this administrative case the following day. For his part, respondent mostly denied complainant's allegations. He presented his version of some specific incidents or conduct such as that he was merely imitating complainant's gesture with her forefinger as she nervously introduced her boyfriend to him. He admitted that he kissed her ("November incident was not the first but it was the last") and other female employees; admitted the pre-wedding incident where he told Mrs. Leander "tanga ka kasi" but said it was only a joke; admitted that his voice is louder than others but he does not shout; admitted that he tells green but "never vulgar" jokes. Denying Marilyn Leander's allegations and disclaiming any knowledge of Exhs. A to E, he described Leander as a "very young funny person, always laughing." In his testimony he never showed why Marilyn Leander, Rosanna Garcia or Yolanda Valencia would testify against him to corroborate complainant's testimony, reserving his venom for Bernardo Taruc. He said Taruc's research work were "not usable. He insinuated that Taruc perjured himself because he was jealous about Marilyn Leander with whom he (Taruc) has a relationship. He declared that nothing happened on December 6, that it was complainant who entered his room to get the poem she herself asked him to make. He called the December 6 incident a "mere fabrication" of complainant in vengeful retaliation of four (4) incident that he either scolded or humiliated her namely: in September 1995 when he reminded, but did not scold, her to report to Branch 43; in November 1995 when he reproached her for not reflecting in her Certificate of Service that she had gone to Hongkong; in the first week of December 1995 when she committed an error in the notice for a judges' meeting; and finally on December 18, 1995, when he scolded her for insisting to allow her to return to the Office of the Clerk of Court. He asserted that he never noticed any change of complainant's behavior towards him and that he was never attracted to her. He dismissed the poem marked Exhibit "M" as nothing more than an intellectual creation "too apocryphal to be true", that it was exaggerated and meant only to praise and entertain complainant. He declared that he had in fact written other poems (Exhs. 25 to 30) including the one published through a certain Fred Roxas (Exh. 25). Belying the kissing incident, he contended that there had been a gardener working at 3:00 to 5:00 that afternoon on the lawn just outside the window of his office, implying that if indeed complainant had screamed, it would have been heard by the gardener. But it is to be noted that this alleged gardener was never presented. (pp. 11-31, Report and Recommendation) Based on the foregoing findings, the Investigating Justice made the following conclusions: a) that there is sufficient evidence to create a moral certainty that respondent committed the acts complained of, especially the violent kissing incident which transpired last December 6, 1995; b) that complainant and her witnesses are credible witnesses who have no ulterior motive or bias to falsely testify against respondent; c) that respondent's denials can not prevail over the weight and probative value of the affirmative assertions of complainant and her witnesses; d) that respondent's poem has damned him, being documented proof of his sexual intentions towards the complainant; e) that by filing her charges imputing to respondent a crime against chastity and with her background as a lawyer and a court employee, complainant was well-aware that her honor would itself be on trial; f) that it is unbelievable that complainant, a demure newly-married lady and a religious person, would fabricate a story with such severe implications on respondent's professional and personal life just to get even with respondent for an alleged simple scolding incident; and g) that by doing the acts complained of, respondent has tempted the morals of not only complainant but also the other court employees over whom he exercised power and influence as Executive Judge. The Investigating Justice thereupon, recommended that respondent be dismissed from the service with prejudice to re-appointment in any other government position and with forfeiture of all benefits and privileges appertaining him, if any. The Court has reviewed the record of this case and has thereby satisfied itself that the findings and recommendations of the Investigating Justice are in truth adequately supported by the evidence and are in accord with applicable legal principles. The Court agrees and adopts such findings and recommendations. The integrity of the Judiciary rests not only upon the fact that it is able to administer justice but also upon the perception and confidence of the community that the people who run the system have done justice. At times, the strict manner by which we apply the law may, in fact, do justice but may not necessarily create confidence among the people that justice, indeed, is served. Hence, in order to create such confidence, the people who run the judiciary, particularly judges and justices, must not only be proficient in both the substantive and procedural aspects of the law, but more importantly, they must possess the highest integrity, probity, and unquestionable moral uprightness, both in their public and private lives. Only then can the people be reassured that the wheels of justice in this country run with fairness and equity, thus creating confidence in the judicial system. With the avowed objective of promoting confidence in the Judiciary, we have the following provisions of the Code of Judicial Conduct: Canon I Rule 1.01: A Judge should be the embodiment of competence, integrity and independence. Canon II Rule 2.00: A Judge should avoid impropriety and the appearance of impropriety in all activities. Rule 2.01: A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary. The Court has adhered and set forth the exacting standards of morality and decency which every member of the judiciary must observe (Sicat vs. Alcantara, 161 SCRA 284 [1988]). A magistrate is judged not only by his official acts but also by his private morals, to the extent that such private morals are externalized (Junio vs. Rivera, 225 SCRA 688 [1993]). He should not only possess proficiency in law but should likewise possess moral integrity for the people look up to him as a virtuous and upright man. In Dy Teban Hardware and Auto Supply Co. vs. Tapucar (102 SCRA 493 [1981]), the Court laid down the rationale why every judge must possess moral integrity, thusly; The personal and official actuations of every member of the judiciary must be beyond reproach and above suspicion. The faith and confidence of the people in the administration of justice can not be maintained if a judge who dispenses it is not equipped with the cardinal judicial virtue of moral integrity and if he obtusely continues to commit affront to public decency. In fact, moral integrity is more than a virtue; it is a necessity in the judiciary. (at p. 504.) In Castillo vs. Calanog (199 SCRA 75 [1991]), it was emphasized that: The Code of Judicial Ethics mandates that the conduct of a judge must be free of a whiff of impropriety not only with respect to his performance of his judicial duties, but also to his behavior outside his sala and as a private individual. There is no dichotomy of morality; a public official is also judged by his private morals. The Code dictates that a judge, in order to promote public confidence in the integrity and impartiality of the judiciary, must behave with propriety at all times. As we have very recently explained, a judge's official life can not simply be detached or separated from his personal existence. Thus: Being the subject of constant public scrutiny, a judge should freely and willingly accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen. A judge should personify integrity and exemplify honest public service. The personal behavior of a judge, both in the performance of his official duties and in private life should be above suspicion. (at p. 93.) Respondent has failed to measure up to these exacting standards. He has behaved in a manner unbecoming of a judge and as model of moral uprightness. He has betrayed the people's high expectations and diminished the esteem in which they hold the judiciary in general. We need not repeat the narration of lewd and lustful acts committed by respondent judge in order to conclude that he is indeed unworthy to remain in office. The audacity under which the same were committed and the seeming impunity with which they were perpetrated shock our sense of morality. All roads lead us to the conclusion that respondent judge has failed to behave in a manner that will promote confidence in the judiciary. His actuations, if condoned, would damage the integrity of the judiciary, fomenting distrust in the system. Hence, his acts deserve no less than the severest form of disciplinary sanction of dismissal from the service. The actuations of respondent are aggravated by the fact that complainant is one of his subordinates over whom he exercises control and supervision, he being the executive judge. He took advantage of his position and power in order to carry out his lustful and lascivious desires. Instead of he being in loco parentis over his subordinate employees, respondent was the one who preyed on them, taking advantage of his superior position. Noteworthy then is the following observation of the Investigating Justice: But the very act of forcing himself upon a married woman, being himself a married man, clearly diverts from the standard of morality expected of a man of less than his standing in society. This is exacerbated by the fact that by doing the acts complained of, he has tempted the morals of not only the complainant but also the young Mrs. Marilyn Leander and the other employees in the court over whom he exercised power and influence as Executive Judge. (pp. 36-37.) Respondent may indeed be a legally competent person as evidenced by his published law books (translations from English to Tagalog) and his legal studies abroad, but he has demonstrated himself to be wanting of moral integrity. He has violated the Code of Judicial Conduct which requires every judge to be the embodiment of competence, integrity, and independence and to avoid impropriety and the appearance of impropriety in all activities as to promote public confidence in the integrity and impartiality of the judiciary. Having tarnished the image of the Judiciary, respondent, the Court holds without any hesitation, must be meted out the severest form of disciplinary sanction -- dismissal from the service. As a reminder to all judges, it is fitting to reiterate one of the mandates of the Court in its Circular No. 13 dated July 1, 1987, to wit: Finally, all trial judges should endeavor to conduct themselves strictly in accordance with the mandate of existing laws and the Code of Judicial Ethics that they be exemplars in the communities and the living personification of justice and the Rule of Law. WHEREFORE, Judge Hermin E. Arceo is hereby DISMISSED from the service for gross misconduct and immorality prejudicial to the best interests of the service, with forfeiture of all retirement benefits and with prejudice to re- employment in any branch of the government, including government-owned and controlled corporations. SO ORDERED.
EN BANC [A.M. No. MTJ 98-1168. April 21, 1999] LUALHATI M. LIWANAG, complainant, vs. JUDGE PATERNO H. LUSTRE, Presiding Judge, Municipal Trial Court, Calamba, Laguna, respondent. D E C I S I O N QUISUMBING, J .: On September 19, 1995, complainant Lualhati M. Liwanag sent a letter to the Court [1] praying that respondent Judge Paterno H. Lustre be dismissed from the service due to gross immorality and grave misconduct unbecoming of his profession. [2] Attached to her letter was a sworn statement, reproduced verbatim hereunder, which details how respondent allegedly molested her sexually. SWORN STATEMENT I, LUWALHATI LIWANAG, of legal age, Filipino and a resident of Karunungan Road, Pamana Homes, Calamba, Laguna, after being duly sworn, according to law, hereby depose and state: 1. Prior to July, 1994, my husband, Jose B. Zafra filed twelve (12) counts of violation of B.P. 22 against Oscar Chua, Dante Chua and Rowena Chua for issuing checks amounting to approximately 3.5 million pesos, that were dishonored when presented for payment. 2. On July 22, 1994, the Assistant Provincial Prosecutor of Laguna filed twelve (12) informations for violation of BP 22 against Oscar Chua, Dante Chua and Rowena Chua, charging each of them with three (3) counts of Violation of BP 22. Copies of the informations are hereto attached for reference. 3. The said cases were assigned at the Municipal Trial Court of Calamba, Laguna presided by Judge Paterno Lustre. 4. After the informations were filed, the accused posted bail. However, their arraignment were (sic) postponed several times at the instance of the accused. 5. The case was set for hearing for November 16, 1994. However, when the date came, Judge Lustre was not present. Hence, the hearing was reset to December 15, 1994. 6. On November 17, 1994 at about 8:30 A.M., I went to see Judge Lustre at his chamber to inquire about the case filed by my husband, why the accused have not yet been arraigned. At that point, I asked Judge Lustre if it is possible to schedule hearings in January and February, 1995 and every month thereafter and to order the arraignment of the accused. He responded in the affirmative and told me to come back after the hearing on December 15, 1994, at about 7:00 A.M. in his chamber. 7. The date of the hearing arrived, Dec. 15, 1994 at 1:30 P.M. The representative of Atty. Buted, counsel for the accused, arrived with a Motion to Transfer the scheduled hearing. Judge Lustre then reset the hearing on Jan. 17, Feb. 1, 9 and 23, 1995. 8. As requested, on December 16, 1994, one day after the hearing, at about 7:00 A.M., I went to see Judge Lustre at his chamber. There, he told me that he prepared an order for the accused. I thanked him and I told him that if the accused will pay us, my husband and I will give him five (5%) percent of it as token of gratitude. At that point, he stood up and told me he does not need money. While he was giving me a copy of the order, he touched my shoulder, down to my breast. I froze and could not do anything. He was telling me that he acceded to my request. Later, he told me that he is available during Mondays and Fridays as there are no scheduled hearings and for me to come back to him before the hearing on January 17, 1995. 9. I did not go back to see Judge Lustre as per his request before the hearing on Jan. 17, 1995 because of what he did to me, he took advantage of the situation to molest me. 10. Came the date of the hearing on Jan. 17, 1995. Despite the previous order setting the case for hearing for Feb. 1, 9 and 23, 1995, he cancelled hearings on all dates as per request of the counsel for the accused. Instead, he reset the same on Feb. 22, 28 and March 7, 1995. 11. When the hearing on Feb. 22, 1995 came, Judge Lustre cancelled the one set on Feb. 28, 1995. 12. By the way things were going, I could sense that Judge Lustre is delaying the case, granting postponement after postponement, despite objections from our lawyer. The case was already dragging and nothing was happening. We were running out of money and we needed to have the case terminated right away in order to get paid for the money the accused have swindled us. Because of this dilemma, I decided to see Judge Lustre. 13. On March 6, 1995, Monday, at about 10:00 A.M., I went to see Judge Lustre. I asked him why he cancelled the hearings. He responded that I fooled him since I did not come to him as per his request, whereas he acceded to my earlier request. He then told me that I must obey his wishes if I want our case to go smoothly since he is the only one who will decide our cases. After that, he told me that he was already free and for me to wait for him outside the courtroom. We boarded his white Toyota car, with Plate No. PLN-513 and he brought me to Canlubang Tollway. While in the car, he kissed me on the lips and caressed my breast. I was repulsed and disgusted but I could not do anything since our cases are with him and he was deliberately delaying the hearings. At that instant, I told him to set hearings for April and May, 1995 since according to his staff, there would be no hearings in May and in April. He told me, he will take care of it and ordered me to come to his office on March 13, 1995 at 7:00 A.M. and we will talk about the settings. 14. On March 13, 1995, Monday, as ordered, I went to see Judge Lustre at his office at around 7:10 A.M. There was no one there except him. I saw him waiting just outside his chamber. He ushered me inside, but I had barely entered the room, when he kissed me on the lips and caressed my body, particularly my breast. He exposed his penis and ordered me to masturbate him. I could not do anything but obey. There was a fluid that oozed from his penis, which was somewhat bloody. I felt dirty. While doing that, he told me to tell my lawyer to file a motion to set hearing for April and May, 1995. He then asked me to go with him to Laguna de Bay Inn. I refused, he got angry. He retorted that the fate of our case is on his hands and told me to see him on March 23, 1995 at 7:00 A.M. at Laguna de Bay Inn in Sucat since his house is near the area. 15. After that, my lawyer filed a Motion to Set Case for Hearing. But I did not go and see Judge Lustre at Laguna de Bay Inn. Thus, on March 28, 1995 hearing, no schedule was set for April and May. Instead, he made the setting in June, 1995. 16. On April 10, 1995 I received a new subpoena for pre-trial and arraignment of the new cases we filed, scheduling the same for May 3, 1995. The following day, April 11, Tuesday, I went to see Judge Lustre to inquire why our case was not scheduled on May 3, at any rate, there is arraignment of our new case filed on the same date. He responded that he was early at Laguna de Bay Inn on March 23, and he waited for me at 7:00 A.M. but I did not come. He told me not to fool him, "masama daw siyang magalit." 17. The June 6 hearing proceeded, that of June 13 was cancelled at the instance of the accused's lawyer. 18. On June 15, 1995, Thursday, at around 7:00 A.M., I went to Judge Lustre in his office because I was told that our next hearing would be in September despite previous settings. I requested Judge Lustre to give us monthly hearings, in July and August. He told me that he would oblige if I would follow his wishes. As he was saying that, he was already touching my breast. He exposed his penis at told me to perform "fellatio." I refused. I was then told to return the following day, the same time and he will wait for me. 19. I came back on June 16, around 7:00 A.M. As ordered, I proceeded to the Calamba Church to wait for Judge Lustre. He fetch (sic) me from there on board his white Toyota car and he brought me to Riverview Resort and Sports Complex in Crossing, Calamba, Laguna. I could not refuse because of the threat about our case. Inside the room at Riverview, he told me there will be a setting for July and August. Then he undressed himself and ordered me to do the same. I knew I was selling myself to the devil but our blood money is at stake. It is for the future of my son and I was willing to do anything for my family. Perhaps I was too stupid to do it, but at that time, I felt helpless. He ordered me to perform "fellatio" on him and I obeyed. There was blood that oozed from his penis. I also saw black rashes on his body, especially on his legs. Before we left, he told me to see him again on July 10 in his office. 20. On June 23, 1995, the same thing happened. I went to his office at 7:00 A.M. Judge Lustre brought me to Riverview Resort and Sports Complex and I was again ordered to perform "fellatio" on him. 21. The June 28 hearing proceeded. But I did not go and see Judge Lustre on July 10 as requested. I just called him and presented an alibi. He told me to just come the following day, July 11 at 7:00 A.M. at Jollibee, Calamba and he will wait for me. As parting words, he told me not to fool him. 22. I did not see him on July 11 because I already felt so dirty and used. I never realized before I was capable of doing such a thing for my family, until the time came. But I could not take it anymore. 23. On July 27, the hearing proceeded. But the previous schedules were cancelled and instead hearing was set in November, 1995. 24. On August 15, 1995 at 7:00 A.M., I went to his office to get an order for the referral of the specimen signatures of Rowena Chua to the NBI. Again, he kissed me and touched me. I could not refuse for fear of retaliation. 25. I could see that Judge Paterno H. Lustre is deliberately delaying the prosecution of our cases to prolong his abusive acts towards me. As can be seen from the transcript of the hearings, he is not leaning in our favor. What we are asking only is for the continuous setting of the trial because we cannot afford a long drawn out proceedings. But instead, he is delaying the trial. He has even shown hostility towards my husband when he was testifying and towards my lawyer, allegedly because he was jealous. 26. This kind of judge gives the judiciary a bad name. There must be a stop to this evil doings. I am not the only victim of Judge Lustre. I know at least two (2) other women who are similarly situated are being used and abused by him. But they do not want to complain because of fear and the possible consequence to their cases. As for me, I am emboldened by disgust and frustration. I now seek the intervention of the Honorable Supreme Court to give justice to the victims and rid the judiciary of the likes of Judge Paterno H. Lustre. 27. I know the shame I have to bear but I have to expose the wrong doings of a judge who is supposed to uphold the law and morality. But instead, he preys on hapless and those who are not learned in law as his victims. 28. What I have narrated here are true, which I would never have revealed were it not for my better sense of judgment. I know I made a mistake by becoming a willing victim. But I did it for my family as I thought that is the only way I can help my husband get back his money for our future. [3]
Apart from the letter and the sworn statement, complainant also sent the Court 11 photographs showing her and respondent together in various places. Five of these were allegedly taken at the Riverview Resort in Calamba, Laguna. She also submitted a receipt issued by said resort dated June 23, 1995 and two transcripts of phone conversations she had with respondent. [4]
Respondents defense is anchored on denial. In a 2 nd Indorsement [5] he sent to the Court, by way of answer to the complaint, he strongly denie(d) [6] the charges leveled against him and dismissed them as the vile products of (complainant's) malicious and prejudiced mind. [7] According to him, complainant and her common-law husband thought of filing charges against him when he refused to bend to, and accommodate, (their) haughty and arrogant demands to hastily schedule, try continuously, finish and decide arbitrarily within a very short period of time [8] the B.P. 22 (Bouncing Checks Law) cases filed by complainants husband. The complaint was, according to respondent, likewise prompted by respondents refusal to accept complainants offer to reward him with five percent of the P3.5 million her husband seeks to recover. Respondent claimed that he could not have been in his chambers as early as 7:00 in the morning as alleged by complainant since he usually arrives for work some five to ten minutes before 8:00 in the morning. Moreover, he said the door to his room is never locked -- thus, the impossibility of him engaging in illicit sexual conduct within its confines -- since the only comfort room in the courtroom is inside his room and anyone who wants to use it may enter his room freely. Respondent further pointed out that at age 67, with a heart ailment and diabetes, (s)ex is beyond (his) physical capacity. [9] He said he is no longer capable of what ordinary men indulge in, lest (he) die in the attempt. [10] He sought the dismissal of the complaint filed against him. In support of his claims, respondent submitted the following documentary evidence: (1) affidavit executed by Rodelio A. Alcaraz, a utility worker, stating that respondent usually arrives at the office at 7:45 in the morning; (2)affidavit executed by Atty. Benjamin A. Alonzo, Sr., a private practitioner based in Calamba, attesting to respondents fine work ethics and moral uprightness; and (3) certification from Dr. Elmer S. Sayoc stating that respondent is being treated for coronary artery diseases, atrial fibrillation, and diabetes mellitus. [11]
In response to respondents averments, complainant alleged that respondent had set their meetings at 7:00 in the morning since he knew that nobody from his staff reported for work that early. She said respondent was very particular about the time she left his office, which must be before 7:30 in the morning. As for respondents health condition, complainant pointed out that, indeed, he did not engage in sexual intercourse with her but only engaged in foreplay and asked her to perform oral sex on him; and while diabetes might have diminished respondents sexual urge, it did not totally erase the same. [12]
In a resolution dated January 17, 1996, this Court resolved to refer the matter to Judge Norberto Geraldez, Executive Judge, Regional Trial Court, Calamba, Laguna, for investigation, report and recommendation. In the same resolution, respondent was directed to inhibit himself from hearing the B.P. 22 cases filed by complainants husband. On January 8, 1997, Judge Geraldez requested that he be allowed to inhibit himself from hearing the case because complainant raised the matter of his friendship with respondent. [13] The Court, however, in a Resolution dated June 9, 1997, denied his request and directed him to resolve the case with dispatch. [14]
In his report dated October 6, 1997, Judge Geraldez recommended dismissal of the complaint against respondent since complainant failed to establish his guilt beyond reasonable doubt. Judge Geraldez observed that: In the B.P. 22 cases pending before Judge Lustre, Jose Zafra was never assured that he could recover the amount of P3.5 million even if the sexual demands were satisfied. Jose Zafra and Ms. Liwanag were aware of this. Consequently, it is surprising why the complainant, no matter how desperate she may have been, would submit to oral sex. And, why Jose Zafra allowed it. The B.P. 22 cases are simply not classic cases where the courts decision would be so vital, that the judge can demand his price. There is a rather large disparity in the value of the B.P. 22 cases vis-a-vis the seriousness and mess of the sexual demand. Ms. Liwanags allegations are beyond comprehension. It borders on the very credibility of the sexual allegations. This is specially true with respect to the allegations of oral sex with its blood secretions. And, according to her she did it more than once. If indeed there were blood secretions the first time, the claim of a second time is beyond relief (sic). Ms. Liwanag claimed that Judge Lustre, on August 15, 1995, simply kissed and touched her. But human nature would demand another oral sex as they had done before. Moreover, in her complaint dated September 19, 1995, Ms. Liwanag failed to advance any reason why they stopped at oral sex. [15]
Judge Geraldez concluded that the evidence presented by complainant is not credible in itself. Moreover, Judge Geraldez pointed out that complainant merely relied on the photographs showing her and respondent together, which, however, do not establish the acts complained of. Despite having the opportunity to do so, according to the report, complainant failed to testify to substantiate her claims, thereby depriving respondent of his right to cross-examine her. Judge Geraldez recommended that the complaint be dismissed for lack of evidence. The Court thereafter referred the case to the Office of the Court Administrator (OCA) for evaluation, report, and recommendation. The OCA, in its Memorandum dated September 1, 1998, took a position directly opposite that of Judge Geraldez. The OCA noted that: xxx we cannot help discerning here an effort to gloss over a charge against respondent which the investigating judge himself admitted to be serious. His investigative work and his subsequent report reveal a perfunctory treatment and analysis of the submissions of the parties, particularly the complainant herein, and an egregious misapplication of the law and jurisprudence. x x x We find credible the allegations of complainant Lualhati M. Liwanag. Her narration bears the earmarks of truth, for the incidents giving rise to the acts complained of are so finely etched by her as to preclude any suspicion of wild imagining or other similar fictive handiwork. It is an essential baring of rage, revulsion and disgust: xxx The OCA recommended that the case be formally docketed as an administrative complaint and that respondent be dismissed from the service with forfeiture of all retirement benefits and with prejudice to reemployment in any branch of the government, including government-owned and -controlled corporations. Clearly, we have to review the records of this case for a comprehensive view of the entire controversy. Moreover, it is essential to lay stress on basic canons of conduct applicable to judges, in whatever level of the judicial hierarchy they may be. As a rule, proof beyond reasonable doubt is not necessary in deciding administrative cases. Only substantial evidence is required, [16] as clearly provided for under Rule 133 of the Revised Rules of Evidence: [17]
Sec 5. Substantial evidence. -- In cases filed before administrative or quasi- judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. Given this requirement, we find that there is enough evidence on record to sufficiently establish complainants case against respondent. The photographs submitted by complainant to this Court show her and respondent in various places. The first two show them talking beside an outlet of Andoks Litson Manok, another shows respondents car parked by a sidewalk, its front passenger door open. The car is seen leaving in the next photograph. In the next two photographs, the car is seen in the driveway of what appears to be one of a row of rooms. On top of this rooms doorway is the letter "D". Next are five photographs which show complainant and respondent coming out of the room together and heading towards respondents parked car. [18]
Complainant claims that the photographs were taken when respondent took her to the Riverview Resort in Calamba, Laguna. In a Manifestation dated September 2, 1996, respondent pointed out that nothing indecent is portrayed in the photographs. They did not show any act constituting immorality or grave misconduct. He denied that the pictures showing him and complainant leaving a room together were taken at the Riverview Resort. He added that the receipt issued by the resort did not indicate that he was with complainant at said resort. Respondent took his own set of photographs at the Riverview Resort. [19] On the basis of his own pictures, he concluded that complainants photographs could not have been taken at that resort. When he testified on his behalf, he said: " when I went to the place those letters were not there, I have photographs there because I personally went there to have these photographs but this (sic) sign boards were not there, sir." [20]
A sign prohibiting vandalism, noticeable in complainant's pictures, was missing in respondents pictures. Respondent avers that the real intention of complainant in filing the complaint -- which she has denied -- is to extort money from him as she allegedly made an outrageous demand [21] for P3.5 million to settle the case. We are not convinced, however, that respondents conduct in this case is entirely blameless, nor that complainants alleged intent would excuse respondents wrongdoing. It is true that the pictures do not show respondent and complainant actually engaging in any form of sexual congress. However, this is understandable since by their very nature, such acts are not proper subjects of photographs. Often, as in this case, what is available to us is only the narration of the parties involved. Respondent denies that the photographs were taken at Riverview. He took pictures of the resort himself to prove his contention. He said his pictures are different from those of complainants. We note, however, that respondent does not deny that he is the one appearing with complainant in the photographs. He conveniently testified that somebody else had posed for the photograph, [22] but this is obviously an afterthought. Respondent made this assertion almost a year after complainant filed her complaint. He could have done it as early as October 1995 in his comment to complainants charges. If the pictures were not taken at Riverview, where were they taken and why was respondent with complainant at that time? If, indeed, there was a legitimate reason for complainant and respondent to be seen together at the time and place depicted in the photographs, respondent would have wasted no time explaining where they were taken and under what circumstances, in order to extricate himself from his present predicament. This, he failed to do. The reason for this, we believe, is that he could not simply offer any plausible explanation why he was seen with complainant coming out of what is apparently a private room. Respondent claims that the charges hurled against him are products of complainants vindictiveness. Again, this claim raises more questions than it answers. It opens the door to undue speculation. Thus, why should she resent his actions? Was it only because of repeated postponements of the hearing of her cases? Complainant may have harbored ill feelings towards respondent due to the unjustifiable delays in the hearing of their B.P. 22 cases. But would she falsely accuse respondent with sexual molestation only to get back at him? This goes against the grain of human nature and therefore unlikely. She should know that by revealing her sexual misadventures with respondent, graphically describing each and every detail, she would only be exposing herself and her family to shame and ridicule. She would stand to gain nothing from the exercise, save the hope that her dignity may somehow be vindicated in the process. As for complainants failure to testify on her own behalf, this is of no moment. Complainants affidavit stands in lieu of her testimony; the investigating judge even had her re-subscribe and re-affirm her sworn statement and let the same be adopted as part of complainants evidence. [23]
Complainant could have been cross-examined based on her affidavit. That she was not cross-examined by respondent is not her fault but respondents. As the records now stand, we are constrained to agree with the Court Administrators assessment that respondent has failed to live up to the high standard of conduct required of members of the bench. He grossly violated his duty to uphold the integrity of the judiciary and to avoid impropriety not only in his public but in his private life as well. [24] All to the grave prejudice of the administration of justice, indeed. The Court cannot countenance any act or omission, on the part of the officials at every level in the administration of justice, which erodes rather than enhances the publics faith and trust in the judiciary. Respondents disgraceful conduct surely merits sanctions even if he has already retired as of November 1, 1998. [25] For the serious misconduct of respondent, the penalty provided for in Rule 140, Section 10, of the Rules of Court, by way of fine in the maximum amount should be imposed. [26]
We are not in accord with the OCAs recommendation, however, as regards forfeiture of all retirement benefits due respondent. We note that implementation of this penalty, while directed at respondent, might adversely affect innocent members of his family, who are dependent on him and his retirement gratuity. It is our considered view that, given the circumstances of this case, the maximum fine of P40,000.00 would be sufficient penalty. WHEREFORE, in view of the foregoing, we hereby find respondent GUILTY of gross misconduct. As he has already retired from the service and thus could no longer be dismissed nor suspended, we hereby order that a FINE of P40,000.00 be imposed upon him, to be deducted from his retirement benefits. Further, he is hereby barred from any employment in all branches of the government including government-owned and -controlled corporations. SO ORDERED. EN BANC [G.R. No. 138805. February 28, 2001] THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDGARDO MACEDA, accused-appellant. D E C I S I O N MENDOZA, J .: For review is the decision [1] of the Regional Trial Court, Branch 76, Quezon City, finding accused-appellant Edgardo Maceda guilty beyond reasonable doubt of the rape of Maribeth Quinto, a mental retardate, and sentencing him to death and to pay the victim the amount of P50,000.00 as moral damages plus the costs of the suit. The information against accused-appellant alleged That on or about the 19th day of February, 1998, in Quezon City, Philippines, the said accused, by means of force and intimidation, did, then and there, willfully, unlawfully and feloniously drag one MARIBETH QUINTO y ARMAZA, into the room of the latters house at Group 5, Area B. Barangay Payatas, this City, and once inside, undressed her and thereafter have carnal knowledge with the said MARIBETH QUINTO y ARMAZA, a retarded, against her will and without her consent. CONTRARY TO LAW. [2]
Upon being arraigned, accused-appellant pleaded not guilty to the charge, whereupon he was tried. The prosecution presented complainant Maribeth Quinto, her mother Editha Quinto, and Medico-Legal Officer Emmanuel Reyes, as its witnesses, while the defense presented accused-appellant, his sister Rosa Dantes, and his cousin Owen Santos. The prosecution evidence established the following facts: Complainant Maribeth Quinto is a 32-year old mental retardate. She lived with her mother Editha at Group 5, Area B, Payatas, Quezon City, while her siblings lived elsewhere in the neighborhood. In the morning of February 18, 1998, complainants mother went to wash clothes for her employer in Camarin, Caloocan City. Complainant was left in the care of her sister, Veronica. When night came, Veronica left the victim alone in the house as she expected her mother to arrive soon. Editha, however, was unable to go home that night because her employer had some problems. [3]
Alone in the house, complainant fell asleep while waiting for her mother to arrive. She was awakened by the barking of the dog at around 1:30 a.m. of February 19, 1998. She heard someone knocking at the door. When she went to open the door, she found it was her neighbor, accused-appellant Edgardo Boboy Maceda, asking where complainants youngest brother Nonoy was. When complainant answered that her brother was not there, accused-appellant got inside the house, closed the door behind him, and told complainant not to make any noise. Accused-appellant then forced her to lie down and started kissing her on the lips and neck. Complainant got scared and began to cry. Accused-appellant then pulled down her panty, spread her legs, and had sexual intercourse with her. Afraid, complainant covered herself with a blanket as soon as accused-appellant left. [4]
Complainants mother arrived home at around 11 oclock in the morning on February 19, 1998. She noticed that the victim was quiet, but, thinking that the latter was just being moody, did not pay attention to her. After a while, complainant, who was crying, approached her mother and told her what had happened. Describing what she felt while being raped, complainant told her mother, tulo ng luha ko. Hirap hirap ako. (My tears just ran down. It was very difficult for me.) [5]
On the same day, Editha took her daughter to the barangay captain and reported the incident. Following the advice of the barangay captain, they went to Camp Crame and had complainant physically examined by a medico-legal officer. The following day, February 20, 1998, Editha and complainant went to the police station and gave their sworn statements on the basis of which accused-appellant was arrested and detained at the Quezon City Jail. [6]
Dr. Emmanuel Reyes, the medico-legal officer at Camp Crame, examined complainant and found the following: GENITAL: On separating the same disclosed an abraded posterior fourchette and congested vestibule and an elastic, fleshy type, and congested hymen, with deep-healed lacerations at 3, 6 and 9 oclock positions. External vaginal orifice offers moderate resistance to the introduction of the examining index finger. Vaginal canal is narrow with prominent rugosities. Cervix is firm and closed. [7]
Dr. Reyes explained that the abraded posterior fourchette and congested vestibule were probably caused either by a rough or dry surface, such as an erect penis, or, if the sexual intercourse was forcibly made, the absence of lubrication. He added that the findings of an abraded posterior fourchette, congested vestibule, and hymenal lacerations indicate that the victim is no longer a virgin. However, no spermatozoa was found in the victims vagina. Lastly, Dr. Reyes observed an ecchymosis or a kiss mark, located at the right lateral part of complainants neck. [8]
Accused-appellant denied the allegations against him. He testified that he lived with his parents and other relatives for 18 years in Area B, Group 5, Payatas, Quezon City, about 35 meters from complainants house. Accused-appellant said he drove a passenger jeepney everyday from 4:30 a.m. until 8:00 p.m., plying the Lagro-Queens route. On the night of February 18, 1998, after arriving home from work, he rested for 20 minutes and afterward went to sleep. He woke up the following morning at around 4:30 a.m. and went to work. Accused-appellant testified that the victim and her family had been his neighbors for 15 years. In fact, the victims youngest brother, Nonoy, would sometimes accompany him during his trips. He said that he did not have any quarrel with complainants family, although he had some misunderstandings with Nonoys wife. [9]
A defense witness, Owen Santos, corroborated the testimony of accused- appellant. Santos testified that he was living with accused-appellants family at the time of the incident. At around 9:30 p.m. on February 18, 1998, he slept beside accused-appellant, and he was sure that the latter did not leave the house that night. He woke up at around 4:30 a.m., took a bath, and went out with accused- appellant. [10]
Accused-appellants sister, Rosa Dantes, who also lived with accused-appellant and her parents, likewise testified in his behalf. According to her, they lived in a semi-concrete house surrounded by a 5-foot steel gate, although she slept in a room outside their house within the compound. She testified that she was the gatekeeper in the family. When every member of the household was already inside the house, usually at around 9 p.m., she would close the main door and would not open it until around 4:00 a.m. of the next day. She explained that no one could leave the house without her permission because she alone had the key to the main door and it could only be opened from the outside with this key. She was therefore sure that accused- appellant did not leave the house at the time of the incident. [11]
After the prosecution and the defense finished presenting their evidence, the trial court rendered its decision, the dispositive portion of which reads: WHEREFORE, finding the accused Edgardo Maceda guilty beyond reasonable doubt of the crime of rape now penalized under Art. 266-A and 266-B of the Revised Penal Code in accordance with RA 8353, with the aggravating circumstance that the offender knew of the mental disability of the complainant Maribeth Quinto at the time of the commission of the crime, the Court hereby imposes the death penalty on the said accused. He is also ordered to indemnify the offended party in the amount of P50,000.00 as moral damages and to pay the costs. SO ORDERED. [12]
Assailing the decision of the trial court, accused-appellant contends that I. THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF RAPE ABSENT ANY SHOWING THAT FORCE OR INTIMIDATION WAS EMPLOYED, OR THAT THE MENTAL AGE OF THE COMPLAINING WITNESS WAS EQUIVALENT TO THAT OF A GIRL BELOW TWELVE YEARS OF AGE. II. THE LOWER COURT ERRED IN NOT ACQUITTING THE ACCUSED-APPELLANT AT LEAST ON THE GROUND OF REASONABLE DOUBT. III. THE LOWER COURT ERRED IN ORDERING ACCUSED-APPELLANT TO PAY CIVIL DAMAGES AND COSTS. [13]
These contentions are without merit. First. Accused-appellant puts up the defense of alibi and alleges that he was at home sleeping at the time of the incident. To corroborate his testimony, accused- appellants sister and his cousin testified that accused-appellant did not leave the house on the night of February 18, 1998. However, both witnesses failed to show that it was physically impossible for accused-appellant to have been at the place where the incident took place at around 1:30 a.m. of February 19, 1998. Owen admitted that although he slept in the same room as accused-appellant, he could not say for sure that accused-appellant did not leave the house at the time of the incident since he did not guard the latters movements that night. Owen testified during cross-examination: FISCAL SANTOS: Q: You said that accused slept at about 9:30 in the evening? A: Yes, sir. . . . . Q: So, if you slept at 9:30 in the evening and woke up at 4:30 a.m., you will not see if Buboy left the house between those intervening hours because you were then sleeping? A: He did not leave the house. Q: How do you know that? Were you guarding him? A: I was sleeping beside him. Q: So, what if you were sleeping beside him? You were not guarding him? A: No, sir. Q: So, based on your answer that he did not leave the house, it is because you were sleeping beside him? A: Yes, sir. [14]
Thus, Owen could not account for accused-appellants whereabouts during the time that he was asleep. Similarly, accused-appellants sister, Rosa, did not categorically state that she saw accused-appellant inside the house on the night of February 18, 1998 until early morning of the following day. She testified that she was the gatekeeper and that nobody could leave the house at night without her permission. But she never stated that accused-appellant did not leave the house at the time of the incident because the door and the gate were locked. Even if accused-appellant was inside the house from 9:00 p.m. on February 18, 1998 to 4:30 a.m. the following day, it is not improbable that he sneaked out of their house that night and proceeded to complainants house, considering its proximity to his house. As accused-appellant himself admitted, his house was only 35 meters from complainants house. This Court has consistently ruled: Alibi as a means of defense is weak when not substantiated by the testimony of a credible witness. Courts have always looked upon the defense of alibi with suspicion and have always received it with caution not only because it is inherently weak and unreliable but also because it is easily fabricated. Alibi as basis for acquittal must be established with clear and convincing evidence. The accused must convincingly demonstrate that it was physically impossible for him to have been at the scene of the crime at the time of its commission. And, where accused was positively identified by the victim herself who harbored no ill motive against the rapist, as in this case, the defense of alibi must fail. [15]
In the case at hand, accused-appellant failed to substantiate his defense of alibi. The testimonies of his witnesses, Owen and Rosa, are rendered suspect because his relationship to them makes it likely that they would freely perjure themselves for his sake. The defense of alibi may not prosper if it is established mainly by the accused himself and his relatives, and not by credible persons. [16] Correctly then did the trial court state: Against this overwhelming evidence of the prosecution, the accused and witnesses could only offer denials and the supposed impossibility of his having committed the crime because the keys to the house were kept by the sister and that he could not have gone out without her knowing it. [17]
Second. Contrary to the claim of accused-appellant, the prosecution evidence clearly shows that he had carnal knowledge of complainant Maribeth Quinto. On direct examination, complainant testified: FISCAL SANTOS: Q: Do you know the accused in this case, [Edgardo] [18] Maceda alias Boboy? A: Yes, sir. (Witness pointing to the accused) . . . . FISCAL SANTOS: Q: Is the nickname of [Edgardo] Maceda, Boboy? A: Yes, sir. . . . . Q: On February 19, 1998, you were in your house at about 1:30 in the morning? A: Yes, sir. Q: Where was your mother then at the time? A: She was working. Q: So you were alone in your house on said date and time? A: Yes, sir. . . . . Q: Why did you open the door? A: Someone was outside the door. Q: And who was outside the door? A: I saw a certain person who was asking me to keep quiet. COURT: Witness motioning. FISCAL SANTOS: Q: Who was the person who motioned you to keep quiet? A: (Witness pointing to the accused) Q: So, you are saying the person who was outside the door motioning you to keep quiet was the person you just identified now, [Edgardo] Maceda alias Boboy? A: Yes, sir. Q: So what happened after that? A: I was raped. Q: How were you raped? A: He pulled down my panties and then kissed me on the lips and neck and then he inserted his penis into my vagina. Q: What did you feel? A: I was afraid. Q: What happened after that? A: He left me and then I covered myself with a blanket. . . . . COURT: Q: When your mother arrived, what did you tell your mother? A: She arrived at noontime. I reported the incident to my mother. FISCAL SANTOS: Q: What did your mother tell you? A: I was crying and I was afraid. COURT: Witness showing her clenched fist. FISCAL SANTOS: Q: What else? A: (Witness demonstrating her reaction) [19]
And on cross-examination, she testified: ATTY. CATOLICO: Q: What did he do to you? A: He spread . . . I resisted and covered myself with a blanket and I cried. COURT: Q: Why were you crying? What did he do to you? A: He was embracing me and I was afraid. He tried to remove my panties. ATTY. CATOLICO: Q: Did your mother teach you about what you will say here? A: No. Q: After that, what did Boboy do? A: He took off my panties. . . . . COURT: Q: Where was Boboy then? A: He went home. ATTY. CATOLICO: Q: Who was with Boboy on that night? A: He was alone. [20]
Complainant never wavered when examined by the trial court: COURT: I want to ask the complainant some questions. (Maribeth Quinto on clarificatory questions from the court) Q: You will tell the truth, okay? A: Yes, maam. Q: Who molested you? A: I was raped one evening. Q: Point to the person who raped you. A: (Witness pointed to accused Edgardo Maceda) Q: Are you sure he was the one who raped you? A: Ni-rape niya ako nung gabi. Q: Are you not mistaken? Maybe it was another man who came to you that night? A: It was him. I covered my face with a blanket. Q: When did you cover your face? A: I was raped that night. Q: Do you know the meaning of rape? A: Yes, maam. Q: What do you do when you are raped? A: He pulled down my panties. Q: And then what did he do? A: He told me to keep quiet (Witness gesturing to keep quiet) Q: And then? A: I covered myself with a blanket. Q: And then? A: He raped me that night. Q: What do you mean by rape? What did he do to you? A: He spread my legs. Q: And then? A: (Witness making a push and pull movement) [21]
While the testimony of complainant alone is sufficient to convict accused- appellant of rape, the corroborative testimonies of her mother and the examining physician sealed accused-appellants fate. The mother, Editha, testified: Q: What happened when you arrived? A: When I arrived, I noticed my child was not speaking which was not her usual behavior. Walang kibo. Q: Who is the daughter of yours who you said was walang kibo? A: Maribeth Quinto. Q: So what did you do? A: I noticed she was quiet and I did not mind her anymore thinking she was in one of her moods but when I was resting, she approached me. Q: What happened when Maribeth approached you? A: She was crying when she told me someone knocked at the door and when she opened the door, it was our neighbor Boboy. Q: What else did she tell you? A: According to her, Boboy asked her if Nonoy was sleeping and she said, Wala. Tulog siya kabilang bahay. . . . . Q: What else was confided to you by Maribeth? A: Then Boboy told her to keep quiet and pulled her into the room and closed the door. Q: What else? A: She was forced to lie down and he kissed her on the neck and lips and she called it kagat and while holding her both arms, he undressed her and inserted his penis into her vagina. She called his penis as bayag. COURT: Q: What else? A: While she was crying, she was saying, Tulo ng luha ko. Hirap hirap ako and Boboy was showing her his clenched fist. FISCAL SANTOS Q: You were saying while she was narrating that, she was crying, correct? A: Yes, sir. [22]
On cross-examination, Editha Quinto remained firm as to the identity of her daughters assailant. Thus, she stated: ATTY. CATOLICO: Q: When the alleged victim confided to you about a certain Buboy who raped her, you already concluded that that Buboy is Edgardo Maceda. Is that correct? A: Immediately she pointed to him as the one who raped her. Siya mismo si Buboy kapatid ni Rollie. . . . . Q: Aside from Buboy, do you know [any] other Buboy in that area? A: There is no other Buboy except him. . . . . Q: Do you know the nickname of Edgardo Maceda, Madame witness? A: His name is Buboy. [23]
There is nothing in the record to show that either complainant or her mother had any ulterior motive to falsely testify against accused-appellant. As the trial court observed: Considering that the complainant who can (sic) hardly make sense of what she says, it is unimaginable that she could invent a story of rape and point to the accused with such certainty as the perpetrator if it did not indeed happen. [24]
Accused-appellant himself told the trial court that he never had serious misunderstandings with the victim or her family. He said: FISCAL SANTOS: Q: Now, Mr. Witness, before February 19, 1998, there was no occasion whatsoever that you did something to Maribeth Quinto that would provoke her ire? A: No, sir, because I come home late at night. Q: What about the immediate members of your family or the family of Maribeth Quinto, you have not done anything untoward to them before February 19, 1998? A: None, sir. Q: Are you saying your relationship with the family of Maribeth Quinto was cordial? A: It is only Abel Quinto who is my friend. Q: Your relationship with Abel was pleasant? A: Sometimes no because his wife sometimes get angry whenever he comes with me. Q: But this sometimes, which you referred to, Mr. Witness, were just minor or petty manners between friends? A: Yes, sir. Q: If as you say there was no untoward incident between you and Maribeth and that of her family before February 19, 1998, and you are now professing innocence, do you know of any reason why Maribeth would point to you as the one who raped her? A: I do not know of any reason, sir. [25]
Indeed, it is difficult to believe that complainant, whose intelligence is admittedly low, could have concocted so grave a charge against accused-appellant or that she and her mother would go into the trouble of having her medically examined and undergo trial had she merely invented the charge. [26]
Dr. Emmanuel Reyes findings further corroborated complainants testimony. His medical examination showed the presence of an abraded fourchette and congested vestibule on the victims vagina, indicating forcible entry of a hard object, possibly an erect penis. An ecchymosis or kiss mark was also found on the victims neck. To be sure, the results of complainants medical examination could only prove that accused-appellant had sexual intercourse with her without her consent. Third. Accused-appellant says that complainants mental condition rendered her testimony so vague, uncertain, and incoherent that it cannot be understood. This is not so. Her testimony is understandable. Nor is there any question that she is competent to testify on what she had experienced. Rule 130 of the Revised Rules on Evidence provide: Sec. 20. Witnesses; their qualifications. Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make known their perception to another, may be witnesses. . . . . Sec. 21. Disqualification by reason of mental incapacity or immaturity. The following persons cannot be witnesses: (a) Those whose mental conditions, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others; . . . . The defense and the prosecution stipulated during pre-trial that complainant is a mental retardate. But, although the trial court observed that she had some difficulty expressing herself, she was nonetheless able to intelligently and clearly make known to the court, beyond dispute, that she was raped by accused-appellant. It has been held that the mental unsoundness of the witness at the time the fact to be testified to occurred affects only her credibility. As long as the witness can convey ideas by words or signs and give sufficiently intelligent answers to questions propounded, she is a competent witness even if she is a mental retardate. [27]
Accused-appellant likewise claims that there were several inconsistencies in the testimonies of the victim. He cites the following excerpts of complainants testimony: COURT: Q: What did Boboy do to you before he went home? A: He entered our room. The door was closed. Q: Was he able to enter the room? A: No. [28]
However, accused-appellant failed to mention that after the above statements, the victim further stated as follows: COURT: Q: You said he was taking off your panty? A: Yes, I was sleeping and he tried to remove my panty. Q: After taking off your panty, what did he do? A: (No answer) COURT: The witness is getting impatient and crying. . . . [29]
Accused-appellant likewise cited the following testimonies of the complainant: Q: Did you shout for help? A: No, because I was sleeping. Q: Did you fight? A: No. Q: Why? A: Because I was sleeping. [30]
But, immediately preceding this testimony, complainant also said: Q: What did Boboy do to you? A: He raped me. Q: What kind of rape did he do to you? Did he force you? A: Yes, sir. [31]
A reading of complainants testimony in its entirety shows that she repeatedly stated what accused-appellant had done to her. Only if such testimony is read in parts and the portions thereof are isolated or taken out of context and no allowance is made for complainants mental condition can accused-appellants reading of it be justified. [32] Inconsistencies or lapses in her testimonies do not affect the substance of her statements. They do not damage the essential integrity of the evidence in its material whole nor reflect adversely on complainants credibility. [33]
Fourth. Accused-appellant contends that the prosecution failed to prove that force or intimidation was used against complainant. This contention is unmeritorious. To begin with, under Art. 266-A (1)(a) of the Revised Penal Code, as amended, [34] the crime of rape may be committed by a man who shall have carnal knowledge of a woman through force, threat, or intimidation. The force necessary in rape is relative. It has been held in one case that for rape to exist, it is not necessary that the force and intimidation employed in accomplishing it be so great or of such character as could not be resisted. It is only necessary that the force or intimidation be sufficient to consummate the purpose which the accused had in mind. The intimidation must be judged in the light of the victims perception and judgment at the time of the commission of the crime, and not by any hard and fast rule. It must be stressed that complainant in this case does not possess the intelligence of an average individual. Indisputably, her mental faculties are different from those of a fully-functioning adult; hence, the degree of force or intimidation needed to overwhelm her is less than what it would take to frighten an ordinary woman. Accused-appellants acts may not have intimidated a normal person but he succeeded in instilling fear in the mind of the victim in this case. [35]
Based on the evidence on record, force and intimidation was employed to perpetuate the offense charged. As complainant narrated, accused-appellant, upon entering the house, closed the door and told her to keep quiet. Complainant was then made to lie down. Complainant resisted but accused-appellant succeeded in overpowering her and having sexual intercourse with her. Furthermore, it is erroneous for accused-appellant to contend that no rape was committed because the prosecution failed to prove that the mental age of the victim was equivalent to a girl below 12 years old. It must be emphasized that this requirement is necessary if the charge is statutory rape under Art. 266-A, par. 1(d). In this case, complainant was deprived of reason, and, under Art. 266-A, par. 1(b) of the Revised Penal Code, having sexual intercourse with her, even if accomplished without the use of force or intimidation, constitutes rape. Under the law, the crime of rape is committed when a man has carnal knowledge of a woman who is deprived of reason. There is no requirement to prove the mental age of the offended party for this provision to apply. The term deprived of reason has been construed to include those suffering from mental abnormality or deficiency; or some form of mental retardation; the feebleminded but coherent; or even those suffering from mental abnormality or deficiency of reason. [36] As this Court has ruled: The offense committed by appellant is rape described under par. 2 of Art. 335 [Rape] of the Revised Penal Code, that is, the offender having carnal knowledge of a woman deprived of reason. The deprivation of reason contemplated by law does not need to be complete. Mental abnormality or deficiency is enough. So it was held by the Supreme Court of Spain that a man having carnal knowledge of a woman whose mental faculties are not normally developed or who is suffering from hemiplegia and mentally backward or who is an idiot commits the crime of rape. . . . Being feeble-minded, complainant is incapable of thinking and reasoning like any normal human being and not being able to think and reason from birth as aforesaid, and undoubtedly devoid or deficient in those instincts and other mental faculties that characterize the average and normal mortal, she really has no will that is free and voluntary of her own; hers is a defective will, which is incapable of freely and voluntarily giving such consent so necessary and essential in lifting coitus from the place of criminality. [37]
Fifth. Accused-appellants contention that no rape could have been committed as shown by the deep healed lacerations and the absence of spermatozoa cannot be given serious consideration. The fact that the lacerations found were healed, and not fresh, does not necessarily negate rape. A freshly broken hymen is not an essential element of rape. For that matter, the medical examination of the victim in rape cases is not an indispensable element for the successful prosecution of the crime as her testimony alone, if credible, is sufficient to convict the accused thereof. [38] As regards the absence of spermatozoa, suffice it to say that Dr. Reyes explained that this could be due to the fact the victim may have washed herself several hours after she had been raped. After a scrutiny of the records of the case at bench, the Court finds that the trial court did not err in giving full faith and credence to the testimonies of complainant and the other prosecution witnesses. For this reason, we find no reason to disturb the factual conclusions of the trial court, consistent with the established rule that The assessment of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses firsthand and note their demeanor, conduct and attitude under grilling examination. These are the most significant factors in evaluating the sincerity of witnesses and in unearthing the truth, especially in the face of conflicting testimonies. Through its observations during the entire proceedings, the trial court can be expected to determine, with reasonable discretion, whose testimony to accept and which witness to disbelieve. Verily, findings of the trial court on such matter will not be disturbed on appeal unless some facts or circumstances of weight have been overlooked, misapprehended or misinterpreted so as to materially affect the disposition of the case. [39]
However, the trial court erred when it imposed the penalty of death on accused- appellant under Art. 266-B (10) of the Revised Penal Code, as amended, which provides in pertinent parts: The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating qualifying circumstances: . . . . (10) When the offender knew of the mental disability, emotional disorder, and/or physical handicap of the offended party at the time of the commission of the crime. True enough, accused-appellant knew of the mental condition of the victim prior to and at the time of the incident, evidenced by his own admission in open court as follows: FISCAL SANTOS: Q: You are also known as Buboy. A: Yes, sir. . . . . Q: Would you also know the complainant? A: Yes, sir. Q: As a matter of fact, she was your neighbor? A: Yes, sir. Q: How long have you been residing thereat? A: About 18 years, sir. Q: In the said place where you and Maribeth Quinto reside, you have observed or you personally know that Maribeth Quinto has a low mental capacity or she is retarded? A: Yes, sir. [40]
Be that as it may, accused-appellant cannot be meted the death penalty. Under Art. 266-B in relation to Art. 266-A, par. (1), of the Revised Penal Code, as amended, simple rape is punishable by reclusion perpetua. When rape is committed by an assailant who has knowledge of the victims mental retardation, the penalty is increased to death. This circumstance must, however, be alleged in the information because it is a qualifying circumstance which increases the penalty and changes the nature of the offense. In this case, while accused-appellant admitted that he knew complainant to be a mental retardate, this fact was not alleged in the information. Therefore, even if it was proved, it cannot be appreciated as a qualifying, but only as a generic aggravating, circumstance. Accordingly, accused-appellant must be sentenced to suffer the penalty of reclusion perpetua for the crime of simple rape. [41]
The award of damages by the trial court should likewise be modified. Aside from the award of P50,000.00 as moral damages, complainant is entitled to civil indemnity in the amount of P50,000.00, which must be given even if there is neither allegation nor evidence presented as basis therefor. [42]
WHEREFORE, the decision of the Regional Trial Court, Branch 76, Quezon City, finding accused-appellant Edgardo Maceda guilty of rape is AFFIRMED with the MODIFICATION that the death sentence imposed on him is reduced to reclusion perpetua. Accused-appellant is likewise ordered to pay complainant Maribeth Quinto the amount of P50,000.00 as civil indemnity, in addition to the award of P50,000.00 for moral damages, and to pay the costs. SO ORDERED.
EN BANC [A.M. No. RTJ-89-380 : December 19, 1990.] 192 SCRA 434 EFREN JAVIER and PEDRO JAVIER, Complainants, vs. JUDGE SALVADOR P. DE GUZMAN, JR., Respondent.
D E C I S I O N
PER CURIAM:
Disbarment proceedings on the ground of "dishonorable conduct" were instituted on 8 August 1989 before the Committee on Bar Discipline of the Integrated Bar by complainants Efren Javier (son) and Pedro Javier (father) against respondent Salvador P. de Guzman, Jr., as a member of the Bar and as Presiding Judge of the Regional Trial Court, Makati, Metro Manila. However, pursuant to Supreme Court Circular No. 3-89, dated 9 February 1989, requiring that complaints filed in the IBP against Justices and Judges of the lower Courts be promptly referred to the Supreme Court for appropriate action, the Complaint was eventually transmitted to this Court. After the Comment by Respondent Judge and the Reply by Complainants were filed, the Court referred the case to Mme. Justice Lorna L. de la Fuente of the Court of Appeals for investigation, report and recommendation. The Report and Recommendation was submitted to the Court on 20 September 1990.: nad Complainants allege that, on 7 December 1987, Efren Javier, and his mother, Lolita Javier, borrowed P200,000.00 from Respondent Judge with interest orally agreed upon at ten per cent (10%) monthly. They tendered to the latter UCPB Check No. BNE 012872, dated 7 January 1988, in the amount of P220,000.00. The drawer of the check was actually Donato Belen, a brother-in-law of Efren, as the Javiers had no personal checking account. The following day, Respondent required them to sign a Memorandum of Agreement, which they did. Two of the conditions imposed were interest at the rate of twenty per cent (20%) per month, compounded monthly, and should they fail to pay the loan and its interest upon maturity on 7 January 1988 and the check is deposited and dishonored, an appropriate charge for violation of Batas Pambansa Blg. 22 may be filed at Respondent's option. When the Javiers defaulted on due date because of business reverses, partial payments in the total amount of P177,000.00 were made to Respondent between 6 January 1988 and 16 June 1988. Meanwhile, the check, which was deposited by Respondent on 14 April 1988, was dishonored by the drawee bank. On 8 September 1988, Respondent instituted suit for a "Sum of Money and Damages with Prayer for the Issuance of a Writ of Preliminary Attachment" in the Regional Trial Court of Makati, Metro Manila, against the spouses Pedro and Lolita Javier, and their son, Efren, for the recovery of the "sum of P220,000.00 with 20% interest/penalty a month compounded monthly from January 7, 1988 until fully paid," computed at P622,871.67 (Annex B, Complaint). Judgment on the pleadings was rendered on 3 February 1989 ordering the Javiers to pay Respondent Judge the "sum of P608,871.67 with 20% interest/penalty a month compounded monthly beginning September 8, 1988 until fully paid" and the "sum equal to 10% of the amounts due and recoverable as reimbursement of attorney's fees and litigation expenses" (Order, RTC Rollo, p. 107). In the meantime, an Order granting execution pending appeal was issued by the Trial Court on 14 April 1989 (Ibid., pp. 216- 217). The Javiers appealed to the Court of Appeals where the case still pends. Still later, Respondent filed in Manila two (2) criminal complaints, the first, for violation of B.P. Blg. 22 against Efren, who, however, was acquitted, and the second, for Estafa against Complainants and Lolita Javier, which complaint was dismissed (Rollo, p. 194). On 21 March 1989, Respondent further filed an administrative charge against Complainant father, Pedro, with the Bureau of Internal Revenue where the latter was employed. Earlier, an administrative charge against Pedro had also been filed with the Civil Service Commission on 3 March 1989 accusing Pedro in both instances, of having committed estafa against him and his wife, of dishonesty and of conduct unbecoming of a government official. Feeling harassed, Complainants filed this administrative charge against Respondent Judge on four counts of "dishonorable conduct," as follows: 1. Respondent had loaned money to Complainants at usurious interest as can be gleaned from the fact that after receiving P177,000.00 in installments, he still seeks to recover the amount of P622,817.67; 2. Respondent took advantage of his position as Regional Trial Court Judge of Makati, Metro Manila, by filing a collection case against Complainants and Lolita Javier before the same Court and making false and fraudulent manifestations that Complainants had failed to pay any amount as of 8 September 1988; 3. Respondent resorted to harassment by filing a criminal complaint for violation of B.P. Blg. 22 against Complainant, Efren, despite knowledge that the latter was not the drawer of the UCPB check; and 4. Respondent failed to reveal the true facts of the case, in violation of Articles 182 and 183 of the Revised Penal Code penalizing "False testimony," when he filed the administrative charges with the Bureau of Internal Revenue and the Civil Service Commission against Complainant Pedro notwithstanding knowledge of the fact that Pedro was not involved in the transaction in question.: nad In his Comment, Respondent denied that he lent any money to the Javiers alleging that it was his wife who had asked her first cousin, Mrs. Hedy Laca, to make available the amount of P200,000.00. The real lender, therefore, was the latter. When the Javiers failed to repay the loan, they were compelled to pay back the amount to Mrs. Laca. Respondent, therefore, became the creditor of the Javiers "by force of circumstances." Respondent also stressed that the rate of interest of twenty per cent (20%) per month, compounded monthly, was not usurious for the reason that said rate was designed more as a penalty in order to force the Javiers to pay back the loan as soon as possible. He contends that under the circumstances, the filing of several complaints against the Javiers was the more "civilized thing to do." And as to the filing of the case in Makati, he reasons out that it was upon prior consultation with the Executive Judge. With regard to the administrative charges, which he had filed against Complainant Pedro, Respondent maintains that the latter was not really an innocent party to the whole transaction, but the "prime mover." With "dishonorable conduct" defined by the Investigating Justice and by the parties as conduct not in keeping with any of the rules embodied in the Code of Professional Responsibility for lawyers and the Code of Judicial Ethics, Justice de la Fuente concluded that there were valid grounds to sustain the first three (3) charges, for the commission of which Respondent Judge was recommended to be reprimanded, with warning of a severer penalty in case of repetition. The fourth charge was recommended to be dismissed (Report, p. 4). Anent the first charge, that is, whether or not Respondent was, in fact, the lender and had charged a usurious rate of interest, the Investigating Justice found that Respondent's disclaimer cannot prevail over the Agreement between the parties, which clearly point to the Respondent as the lender. He is mentioned in said Agreement as the "Third Party," the "First Party" being Lolita Javier, and the "Second Party" being Efren. The UCPB postdated check was also made out in Respondent's name. The foregoing refutes Respondent's contention that he became the lender only "by force of circumstances" after the Javiers had failed to repay their indebtedness. Further, it was Respondent who made collections on the loan and it was to him that payments were made. Additionally, it was Respondent who filed the civil case for collection of the loan as well as the administrative cases against complainant Pedro. As to the usurious rate of interest, while that issue was considered by Justice de la Fuente as irrelevant since the Usury Law is now legally inexistent pursuant to Central Bank Circular No. 905 and the interest now legally chargeable depends upon the agreement of lender and borrower (Liam Law v. Olympic Sawmill Co., G.R. No. L-30771, May 28, 1984, 129 SCRA 439), she found that the interest charged on the loan was exorbitant. To quote: "The Memorandum of Agreement (pls. see fifth whereas clause) stipulates that for the period from December 7, 1987, when the sum of P200,000.00 was lent to the Javiers, to December 22, 1987, on which date the loan fell due with extension up to January 7, 1988' or for a period of from 15 to 30 days the interest shall be `at the rate of Ten Percent (10%) for the period of time', in other words, the interest rate is 10% a month. This explains why the postdated check required under the Agreement to be issued by Efren Javier to respondent is for P220,000.00, the additional P20,000.00 being the amount earned on the sum of P200,000.00 over a period of, at most, 30 days. Then, as further stipulated in the Agreement (par. 2), if the loan and interest due thereon shall not have been paid by January 7, 1988, the Javiers shall pay to respondent 'a sum equal to Twenty Percent (20%) a month compounded monthly over the initial principal plus the initial interest on the total sum of P220,000.00, until the full amount is paid.' The result of this stipulation is that despite the fact, established by the evidence and admitted by respondent, that as of June 16, 1988 the total payments made by the Javiers on the loan of P200,000.00 had amounted to P177,000.00 or only P23,000.00 short of P200,000.00, the amount originally invested by respondent he sought to collect in his suit filed in September 1988 against the Javiers the relatively and staggeringly huge amount of P622,871.67 (pls. see Motion for Judgment on the Pleadings, CC No. 88-1872, Annex C to Complaint, p. 12 Record). The foregoing figures speak for themselves; they show clearly the exorbitance and shocking harshness of the imposition in question.- nad Nor can such unconscionability be excused on the ground, as respondent interposes, that the 20% interest compounded monthly is intended not as interest but as penalty. However it may be termed, the fact remains that the said amount is being collected by respondent as a charge for the use of his money by the Javiers, and this charge is blatantly out of proportion to the amount of the money which respondent loaned to the Javiers." Our review of the evidence shows that the foregoing conclusions are warranted. As to the second charge that Respondent took advantage of his position as Makati Regional Trial Court Judge by filing the collection case against Complainants in said Court we quote with approval Justice de la Fuente's observations thereon: ". . . The civil case was filed by respondent with the Makati RTC on September 8, 1988; and respondent admits that he was 'detailed indefinitely to Branch 142 of the same Court on June 30, 1988 and assumed office thereat on July 5, 1988.' Instead of filing the suit in Quezon City where the Javiers reside or in Manila where respondent resides, respondent taking advantage of what he calls the waiver of venue stipulation in the Memorandum of Agreement (which states that 'in case of litigation, venue shall be in any court in Metro Manila, at the option of the Third Party,' i.e., the respondent) chose to file the case in Makati. "True, considering the abovecited stipulation, it might be said that respondent was acting in the legal exercise of the option granted to him in the Agreement. Nonetheless, the undersigned submits that in thus acting, respondent had fallen short of what is expected of him as a Judge and officer of the court among whose duties it is to see to it that public confidence in the honor, dignity, integrity and independence of the judiciary is not eroded, pursuant to Canons 3 and 25 of the Canons of Judicial Ethics, supra. It is reasonably to be expected, considering the peculiar Filipino psyche, personality and culture of which a Judge like respondent is presumably aware that the public, particularly respondent's adversary in this case, would naturally be apprehensive that respondent might exert influence to favor himself, to the detriment of his said adversary. And so it turned out, this was precisely the substance of complainant's second charge. Indeed, instead of promoting public confidence in the dignity, honor, integrity and independence of the Judiciary, as every Judge is urged to do by the Canons just cited, respondent's aforesaid behavior produced the opposite result." The third charge concerns Respondent's alleged act of harassment in continuing with the criminal prosecution of complainant, Efren, for violation of Batas Pambansa Blg. 22 despite his having been informed that Efren was not the owner and drawer of the check, and, therefore, is not the proper person to be charged. On this score, the Investigating Justice found, and with which we agree: ". . . Even discounting the weight of complainant's said evidence, it bears emphasis that while the case was shall under investigation before the Fiscal's Office, respondent had, as he himself admits, already been informed that it was not Efren Javier who had signed the postdated check. Thus, it was, under the aforecited Canons, respondent's bounden duty as a Judge whose personal behavior should at all times, even in his everyday life, be beyond reproach so as to promote public confidence in the dignity, honor, integrity, and independence of the judiciary (Canon 3, supra), who should endeavor always to prevent the erosion of such public confidence 'by irresponsible or improper conduct' to disregard his personal animosity towards the Javiers and to see to the forthright dismissal of the case. He failed to comply with this duty when he instead saw to the continuation of the prosecution of the case until it reached the Regional Trial Court and up to its termination thereat (with the acquittal of Efren)." The fourth charge that of having filed with the BIR and the Civil Service Commission administrative charges against Complainant Pedro, notwithstanding Respondent's knowledge of the fact that Pedro had no participation whatsoever in the loan transaction in question was found by Justice de la Fuente to be unsubstantiated. We find no reason to differ. ". . . It is true that it appears from the Memorandum of Agreement that Pedro Javier is not a party nor a signatory thereof; nonetheless, it also appears that his wife Lolita Javier is that 'First Party,' and his son Efren Javier is the 'Second Party' thereof. There was reason for respondent to believe that Pedro Javier was not an 'innocent' party and had in reality a 'behind-the-scenes' participation in the transaction. For as respondent believably relates it, Pedro Javier 'was the prime mover who, on December 5, 1987 invited respondent and Mrs. de Guzman for dinner and wanted the respondent to join in the venture.' Besides, in view of the closeness of 'the Filipino family ties which usually extend to financial matters, similarly, while it was respondent himself who had been expressly named the 'Third Party' in the loan agreement, it was respondent's wife who, although not at all mentioned as a party to the same Agreement, took it upon herself to locate the funds with which to finance the loan given to the Javiers. And considering that respondent had the feeling, groundless or not, that the Javiers had, so to speak, put one over on the de Guzmans when the former did not pay to respondent the amount which he wished to collect on the loan, respondent naturally felt aggrieved or wronged by Pedro Javier, and this he undoubtedly thought could be righted by the filing of the administrative charges against him (Pedro Javier). As the undersigned sees it, this and not malice or a desire to harass is the motivation for respondent's filing of said charges." Except for the act complained of in the last charge, Respondent Judge's actuations, indeed, show reproachable and improper conduct. He denied that he was the lender when, in fact, he was, as concluded by Justice de la Fuente. While he had every right to protect his investment, and while the contract of loan entered into between him and the Javiers was legal per se, Respondent rendered it unconscionable by imposing a penalty of twenty per cent (20%) interest per month compounded monthly. It strikes us, too, that Respondent was equivocal as to the repayments that were made to him by the Javiers. In his Verified Complaint before the Trial Court, he averred failure to repay (Annex B, Complaint). However, in the computation attached to his Motion for Judgment on the Pleadings (Annex C, ibid.), he made mention of "alleged payments being accepted by (him) at face value" and included them in the determination of the balance due. Respondent also brought suit to collect the staggering sum of P622,871.67 despite payments by the debtors of approximately P177,000.00 of the original P200,000.00 loan. Although not illegal under the terms of the Memorandum of Agreement, as in fact, the Trial Court had ruled in Respondent's favor, it does not necessarily follow that it was moral and fair. Respondent is not a hard-boiled and callous businessman. He is a Judge. A Judge's official conduct should be free from the appearance of impropriety, and his personal behavior, not only upon the bench and in the performance of judicial duties, but also in his everyday life, should be beyond reproach (Canons of Judicial Ethics, Canon 3, which was applicable at the time of the transaction in 1987; emphasis supplied). This was reiterated in the Code of Judicial Conduct, Canon 2 and Rule 2.01, which provides that a Judge should so behave at all times as to promote public confidence in the integrity and impartiality of the Judiciary. This is premised on the truism that a Judge's official life cannot simply be detached or separated from his personal existence and that upon a Judge's attributes depend the public perception of the Judiciary. Thus: "Public confidence in the Judiciary is eroded by irresponsible or improper conduct of judges. A judge must avoid all impropriety and the appearance thereof. Being the subject of constant public scrutiny, a judge should freely and willingly accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen.chanrobles virtual law library A judge should personify judicial integrity and exemplify honest public service. The personal behavior of a judge, both in the performance of official duties and in private life should be above suspicion." (Commentaries on Canon, 2.01) So exacting are the standards of judicial department that a Judge is even enjoined from making investments in any enterprise that is likely to be involved in litigation. "A judge shall refrain from financial and business dealings that tend to reflect adversely on the court's impartiality, interfere with the proper performance of judicial activities, or increase involvement with lawyers or persons likely to come before the Court. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification" cralaw (Code of Judicial Conduct, Rule 5.02) The rationale for the rule applies with equal vigor in this case. While Respondent Judge may have had reasons of convenience for filing his collection suit in Makati where he sits as one of the Trial Judges, a sense of propriety should have impelled him to desist. In the eyes of the public, it arouses suspicion, rightly or wrongly, that advantage is being taken of one's position and that a Judge's adversary is sure to get a raw deal. As it turned out, Respondent Judge, in his official stationery, upbraided the Sheriff who enforced the Writ of Preliminary Attachment for not having taken into custody all the items he had levied upon and "asked" him to do so "within forty eight hours" (Exhibit J, Complaint, Rollo, p. 44). In this regard, Respondent had exposed the Bench to possible charges of exertion of undue pressure and influence. The continued prosecution of the criminal charge for violation of Batas Pambansa Blg. 22 against Complainant Efren, despite subsequent knowledge that the latter was not the drawer of the check but his brother-in-law, although Efren had filled out the check himself, again exhibits reproachable conduct. Respondent could have moved for the dismissal of the case, considering his professional responsibility not to encourage, for any motive or interest, any suit or proceeding (Rule 1.03, Code of Professional Responsibility). His explanation that the making and the issuance of a check without sufficient funds constitute separate offenses so that he could proceed even against Efren, exhibits "splitting of hairs" and a misuse of Court processes in order to promote one's own interests. As it was, the criminal charge was dismissed. All told, traces of animosity and harassment on the part of Respondent Judge are all too evident, in sharp contrast to what a Judge should be the embodiment of what is judicious, proper and fair.: nad WHEREFORE, finding Respondent Judge, Salvador P. de Guzman, Jr. guilty on three (3) counts, of irresponsible, improper and dishonorable conduct in disregard of the Code of Judicial Ethics, he is hereby SEVERELY CENSURED, with a stern warning that a repetition of the said acts or similar acts in the future shall receive graver sanctions. Let this Decision be spread upon the personal records of Respondent Judge. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. RTJ-99-1460 March 31, 2006 OFFICE OF THE COURT ADMINISTRATOR, Petitioner, vs. JUDGE FLORENTINO V. FLORO, JR., Respondent. x - - - - - - - - - - - - - - x A.M. No. 99-7-273-RTC March 31, 2006 Re: RESOLUTION DATED 11 MAY 1999 OF JUDGE FLORENTINO V. FLORO, JR. x - - - - - - - - - - - - - - x A.M. No. RTJ-06-1988 March 31, 2006 (Formerly A.M. OCA IPI No. 99-812-RTJ) LUZ ARRIEGO, Petitioner, vs. JUDGE FLORENTINO V. FLORO, JR., Respondent. D E C I S I O N CHICO-NAZARIO, J .: "Equity does not demand that its suitors shall have led blameless lives." Justice Brandeis, Loughran v. Loughran 1
THE CASES The First Case: A.M. No. RTJ-99-1460 (Office of the Court Administrator v. Judge Florentino V. Floro, Jr.) It was in 1995 that Atty. Florentino V. Floro, Jr. first applied for judgeship. A pre-requisite psychological evaluation on him then by the Supreme Court Clinic Services (SC Clinic) revealed "(e)vidence of ego disintegration" and "developing psychotic process." Judge Floro later voluntarily withdrew his application. In June 1998, when he applied anew, the required psychological evaluation exposed problems with self-esteem, mood swings, confusion, social/interpersonal deficits, paranoid ideations, suspiciousness, and perceptual distortions. Both 1995 and 1998 reports concluded that Atty. Floro was unfit to be a judge. Because of his impressive academic background, however, the Judicial and Bar Council (JBC) allowed Atty. Floro to seek a second opinion from private practitioners. The second opinion appeared favorable thus paving the way to Atty. Floros appointment as Regional Trial Court (RTC) Judge of Branch 73, Malabon City, on 4 November 1998. Upon Judge Floros personal request, an audit on his sala was conducted by the Office of the Court Administrator (OCA) from 2 to 3 March 1999. 2
After conducting the audit, the audit team, led by Atty. Mary Jane Dacarra-Buenaventura, reported its findings to erstwhile Court Administrator, Alfredo L. Benipayo, who submitted his own report/memorandum 3 to then Chief Justice Hilario G. Davide, Jr. dated 13 July 1999 recommending, among other things, that his report be considered as an administrative complaint against Judge Floro and that Judge Floro be subjected to an appropriate psychological or mental examination. Court Administrator Benipayo recommended as well that Judge Floro be placed under preventive suspension for the duration of the investigation against him. In a Resolution 4 dated 20 July 1999, the Court en banc adopted the recommendations of the OCA, docketing the complaint as A.M. No. RTJ-99-1460, in view of the commission of the following acts or omissions as reported by the audit team: (a) The act of circulating calling cards containing self-laudatory statements regarding qualifications and for announcing in open court during court session his qualification in violation of Canon 2, Rule 2.02, Canons of Judicial Conduct; (b) For allowing the use of his chambers as sleeping quarters; (c) For rendering resolutions without written orders in violation of Rule 36, Section 1, 1997 Rules of Procedures; (d) For his alleged partiality in criminal cases where he declares that he is pro-accused which is contrary to Canon 2, Rule 2.01, Canons of Judicial Conduct; (e) For appearing and signing pleadings in Civil Case No. 46-M-98 pending before Regional Trial Court, Branch 83, Malolos, Bulacan in violation of Canon 5, Rule 5.07, Canons of Judicial Conduct which prohibits a judge from engaging in the private practice of law; (f) For appearing in personal cases without prior authority from the Supreme Court and without filing the corresponding applications for leaves of absence on the scheduled dates of hearing; (g) For proceeding with the hearing on the Motion for Release on Recognizance filed by the accused without the presence of the trial prosecutor and propounding questions in the form of examination of the custodian of the accused; (h) For using/taking advantage of his moral ascendancy to settle and eventually dismiss Criminal Case No. 20385-MN (for frustrated homicide) in the guise of settling the civil aspect of the case, by persuading the private complainant and the accused to sign the settlement even without the presence of the trial prosecutor; (i) For motu proprio and over the strong objection of the trial prosecutor, ordering the mental and physical examination of the accused based on the ground that the accused is "mahina ang pick-up"; (j) For issuing an Order on 8 March 1999 which varies from that which he issued in open court in Criminal Case No. 20385-MN, for frustrated homicide; (k) For violation of Canon 1, Rule 1.01 Code of Judicial Conduct when he openly criticized the Rules of Court and the Philippine justice system; (l) For the use of highly improper and intemperate language during court proceedings; (m) For violation of Circular No. 13 5 dated 1 July 1987. Per the same resolution of the Court, the matter was referred to Retired Court of Appeals Justice Pedro Ramirez (consultant, OCA) for investigation, report and recommendation within 60 days from receipt. Judge Floro was directed to comment within ten days from receipt of the resolution and to subject himself to an appropriate psychological or mental examination to be conducted "by the proper office of the Supreme Court or any duly authorized medical and/or mental institution." In the same breath, the Court resolved to place Judge Floro under preventive suspension "for the duration of the investigation of the administrative charges against him." He was barely eight months into his position. On 20 August 1999, Judge Floro submitted a Verified Comment where he set forth both affirmative and negative defenses 6 while he filed his "Answer/Compliance" on 26 August 1999. On 3 March 2000, Judge Floro moved for the provisional/final dismissal of his case for failure to prosecute. 7 However, on 21 March 2000, he presented himself as his first witness in the hearing conducted by Justice Ramirez. 8 Subsequently, on 7 July 2000, Judge Floro filed a "Petition for Inhibition/Disqualification" against Justice Ramirez as investigator 9 which was denied by Justice Ramirez in an Order dated 11 July 2000. 10 Judge Floros motion for reconsideration 11 suffered the same fate. 12 On 27 July 2000, Judge Floro submitted the question of Justice Ramirezs inhibition/disqualification to this Court. 13 On 8 August 2000, the Court ruled against the inhibition of Justice Ramirez. 13
On 11 September 2000, the OCA, after having been ordered by the Court to comment on Judge Floros motion to dismiss, 15 recommended that the same should be denied. Judge Floro presented his last witness on 6 March 2001. 16 The day after, Justice Ramirez came out with a "Partial Report" recommending the dismissal of Judge Floro from office "by reason of insanity which renders him incapable and unfit to perform the duties and functions of Judge of the Regional Trial Court, National Capital Judicial Region, Malabon, Metro Manila, Branch 73." 17
In the meantime, throughout the investigation of the 13 charges against him and even after Justice Ramirez came out with his report and recommendation on 7 March 2001, Judge Floro had been indiscriminately filing cases against those he perceived to have connived to boot him out of office. A list of the cases Judge Floro filed in the wake of his 20 July 1999 preventive suspension follows: 1. OCA IPI No. 00-07-OCA against Atty. Mary Jane Dacarra-Buenaventura, Team Leader, Judicial Audit Team, Office of the Court Administrator 18
2. OCA IPI No. 00-933-RTJ against Judge Benjamin Aquino, Jr., Regional Trial Court, Branch 72, Malabon City 19
3. AC No. 5286 against Court Administrator Alfredo L. Benipayo and Judge Benjamin Aquino, Jr. 20
4. AC No. CBD-00-740 against Thelma C. Bahia, Court Management Office, Atty. Mary Jane Dacarra-Buenaventura, Atty. II, Court Management Office, both of the Office of the Court Administrator and Atty. Esmeralda G. Dizon, Branch Clerk of Court, Branch 73, Malabon 21
5. AC No. 6282 (CPL No. C-02-0278) against former Court Administrator Justice Alfredo L. Benipayo and (Ret.) Justice Pedro A. Ramirez, Consultant, Office of the Court Administrator 22
6. A.M. No. 03-8-03-0 against (Ret.) Justice Pedro A. Ramirez 23
7. A.C. No. 6050 against (Ret.) Justice Pedro A. Ramirez 24
On 1 February 2006, Judge Floro moved that the cases he filed, now totaling seven, be dismissed. 25 On 14 February 2006, the Court granted the motion to dismiss. 26
The Second Case: A.M. No. RTJ-06-1988(Luz Arriego v. Judge Florentino V. Floro, Jr.) This charge is likewise the subject matter of charge "h" in A.M. No. RTJ-99-1460: "(f)or using/taking advantage of his moral ascendancy to settle and eventually dismiss Criminal Case No. 20385-MN (for frustrated homicide) in the guise of settling the civil aspect of the case, by persuading the private complainant and the accused to sign the settlement even without the presence of the trial prosecutor." The complainant Luz Arriego is the mother of the private complainant in Criminal Case No. 20385-MN. On 28 June 2001, Arriego testified, while court stenographer Jocelyn Japitenga testified on 16 July 2001. On 31 July 2001, Arriego filed her Formal Offer of Evidence which was opposed by Judge Floro on 21 August 2001. On 5 September 2001, Judge Floro testified on his behalf while Atty. Galang testified against him on 4 October 2001. On 16 October 2001, Judge Floro filed a Memorandum in this case. 27
The Third Case: A.M. No. 99-7-273-RTC (Re: Resolution Dated 11 May 1999 of Judge Florentino V. Floro, Jr.) As can be gathered from the title, this case concerns a resolution issued by Judge Floro on 11 May 1999 in Special Proceeding Case No. 315-MN "In Re: Petition To Be Admitted A Citizen Of The Philippines, Mary Ng Nei, Petitioner." The resolution disposed of the motions for voluntary inhibition of Judge Floro and the reconsideration of the order denying the petition for naturalization filed by petitioner in that case, Mary Ng Nei. This resolution found its way to the OCA through a letter written by Atty. David S. Narvasa, the petitioners counsel. 28 The OCA, through Court Administrator Benipayo, made the following evaluation: In the subject resolution, Judge Floro, Jr. denied the motion for inhibition and declared it as null and void. However, he ordered the raffling of the case anew (not re-raffle due to inhibition) so that the petitioner, Mary Ng Nei, will have a chance to have the case be assigned to other judges through an impartial raffle. When Judge Floro, Jr. denied the motion for inhibition, he should have continued hearing and taking cognizance of the case. It is improper for him to order the raffle of the case "anew" as this violates Administrative Circular No. 1 (Implementation of Sec. 12, Art. XVIII of the 1987 Constitution) dated January 28, 1988 which provides to wit: "8. Raffle of Cases: x x x x 8.3 Special raffles should not be permitted except on verified application of the interested party who seeks issuance of a provisional remedy and only upon a finding by the Executive Judge that unless the special raffle is conducted, irreparable damage shall be suffered by the applicant. The special raffle shall be conducted by at least two judges in a multiple-sala station. x x x x" Based on the foregoing, a judge may not motu proprio order the special raffle of a case since such is only allowed upon a verified application of the interested party seeking a provisional remedy and only upon the Executive Judges finding that if a special raffle is not conducted, the applicant will suffer irreparable damage. Therefore, Judge Floro, Jr.s order is contrary to the above-mentioned Administrative Circular. Moreover, it is highly inappropriate for Judge Floro, Jr. to even mention in his resolution that Justice Regino C. Hermosisima, Jr. is his benefactor in his nomination for judgeship. It is not unusual to hear a judge who speaks highly of a "padrino" (who helped him get his position). Such remark even if made as an expression of deep gratitude makes the judge guilty of creating a dubious impression about his integrity and independence. Such flaunting and expression of feelings must be suppressed by the judges concerned. A judge shall not allow family, social, or other relationships to influence judicial conduct or judgment (Canon 2, Rule 2.03, Code of Judicial Conduct). The merits of the denial of the motion for inhibition and the ruling on the motion for reconsideration are judicial matters which this Office has no authority to review. The remedy is judicial, not administrative. 29
The OCA thus recommended that Judge Floro comment on (a) his act of ordering the raffle of the case in violation of Administrative Circular No. 1; and (b) his remark on page 5 of the subject resolution that "Justice Hermosisima, Jr. x x x helped undersigned so much, in the JBC, regarding his nomination x x x." In a Resolution dated 17 August 1999, the Court en banc adopted the recommendations of the OCA. 30 Judge Floro, through his counsel, filed his Comment on 22 October 1999 31 which was noted by this Court on 7 December 1999. On 11 January 2000, Judge Floro filed a Formal Offer of Evidence which this Court, in a resolution dated 25 January 2000, referred to Justice Ramirez for inclusion in his report and recommendation. For the record, the OCA is yet to come up with its report and recommendation in this case as well as in the second case (i.e., A.M. No. RTJ-06-1988). Thus, in a resolution dated 14 February 2006, the Court directed Judge Floro as well as the other parties in these two cases to inform the Court whether or not they are willing to submit A.M. RTJ-06-1988 and A.M. No. 99-7-273-RTC for decision on the basis of the pleadings filed and the evidence so far submitted by them or to have the decision in A.M. No. RTJ-99-1460 decided ahead of the two. On 20 February 2006, the OCA, thru Court Administrator Presbitero J. Velasco, Jr., manifested its willingness to submit A.M. No. 99-7-273-RTC for resolution based on the pleadings and the evidence submitted therein. Complainant Luz Arriego in A.M. No. RTJ-06-1988 likewise informed this Court, in a Letter dated 28 February 2006, her willingness to submit her case for decision based on the pleadings already submitted and on the evidence previously offered and marked. On the other hand, on 3 March 2006, Judge Floro manifested his preference to have A.M. No. RTJ-99-1460 decided ahead of A.M. RTJ-06-1988 and A.M. No. 99-7-273-RTC. In the interest of orderly administration of justice, considering that these are consolidated cases, we resolve to render as well a consolidated decision. But first, the ground rules: Much has been said across all fronts regarding Judge Floros alleged mental illness and its effects on his duties as Judge of a Regional Trial Court. For our part, figuring out whether Judge Floro is indeed psychologically impaired and/or disabled as concluded by the investigator appointed by this Court is frankly beyond our sphere of competence, involving as it does a purely medical issue; hence, we will have to depend on the findings of the mental health professionals who interviewed/analyzed Judge Floro. Our job is simply to wade through the evidence, filter out the irrelevant and the irreverent in order to determine once and for all if Judge Floro is indeed guilty of the charges against him. If the evidence makes out a case against Judge Floro, the next issue is to determine the appropriate penalty to be imposed. Finally, we will have to determine whether Judge Floro acted with an evil mind or because of a psychological or mental incapacity. Upon the resolution of this question hinges the applicability of equity. As an aside, it bears pointing out that some of the charges ("c" and "g", "h" and "j", "e" and "f") will be jointly discussed as they had likewise been jointly discussed by the OCA. These charges involve common facts and to treat them separately will be superfluous. D I S C U S S I O N As alleged and as proven, the 13 specified charges do not warrant the supreme penalty of dismissal against Judge Floro (a) Re: Charge of circulating calling cards containing self-laudatory statements regarding qualifications AND for announcing in open court during court session his qualifications in violation of Canon 2, Rule 2.02, Canons of Judicial Conduct As narrated by the audit team, Judge Floro was circulating calling cards bearing his name as the Presiding Judge of RTC, Branch 73, Malabon City, and indicating therein that he is a "bar exams topnotcher (87.55%)" and with "full second honors" from the Ateneo de Manila University, A.B. and LL.B. 32 The audit team likewise reported that: "(b)efore the start of court session, Judge Floro is introduced as a private law practitioner, a graduate of Ateneo de Manila University with second honors, and a bar topnotcher during the 1983 Bar Examinations with an average score of 87.55%. Afterwards, a reading of the Holy Bible, particularly the Book of Revelation according to Saint John, was made. The people in the courtroom were given the opportunity to ask Judge Floro questions on the matter read. No questions were asked; hence the session commenced." 33
Judge Floro argues that, per commentary of Justice Ruperto G. Martin, 34 "the use of professional cards containing the name of the lawyer, his title, his office and residence is not improper" and that the word "title" should be broad enough to include a Judges legal standing in the bar, his honors duly earned or even his Law School. Moreover, other lawyers do include in their calling cards their former/present titles/positions like President of the Jaycees, Rotary Club, etc., so where then does one draw the line? Finally, Judge Floro argues that his cards were not being circulated but were given merely as tokens to close friends or by reciprocity to other callers considering that common sense dictates that he is not allowed by law to seek other professional employment. As to the charge that he had been announcing in open court his qualifications, Judge Floro counters that it was his branch clerk of court, Atty. Esmeralda Galang-Dizon, who suggested that during his initial court session, she would briefly announce his appointment with an introduction of his school, honors, bar rating and law practice. Naively, Judge Floro agreed as the introduction was done only during the first week of his assumption into office. Canon 2, Rule 2.02 of the Code of Judicial Conduct says in no uncertain terms that "a judge should not seek publicity for personal vainglory." A parallel proscription, this time for lawyers in general, is found in Rule 3.01 of the Code of Professional Responsibility: "a lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services." This means that lawyers and judges alike, being limited by the exacting standards of their profession, cannot debase the same by acting as if ordinary merchants hawking their wares. As succinctly put by a leading authority in legal and judicial ethics, "(i)f lawyers are prohibited from x x x using or permitting the use of any undignified or self- laudatory statement regarding their qualifications or legal services (Rule 3.01, Code of Professional Responsibility), with more reasons should judges be prohibited from seeking publicity for vanity or self-glorification. Judges are not actors or actresses or politicians, who thrive by publicity." 35
The question, therefore, is: By including self-laudatory details in his professional card, did Judge Floro violate Canon 2, Rule 2.02 of the Code of Judicial Conduct? In Ulep v. Legal Clinic, Inc., 36 we explained that the use of an ordinary and simple professional card by lawyers is permitted and that the card "may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and special branch of law practiced." In herein case, Judge Floros calling cards cannot be considered as simple and ordinary. By including therein the honors he received from his law school with a claim of being a bar topnotcher, Judge Floro breached the norms of simplicity and modesty required of judges. Judge Floro insists, however, that he never circulated his cards as these were just given by him as tokens and/or only to a few who requested the same. 37 The investigation by Justice Ramirez into the matter reveals otherwise. An eye-witness from the OCA categorically stated that Judge Floro circulated these cards. 38 Worse, Judge Floros very own witness, a researcher from an adjoining branch, testified that Judge Floro gave her one of these cards. 39
As this charge involves a violation of the Code of Judicial Conduct, it should be measured against Rule 140 of the Rules of Court as amended by A.M. No. 01-8-10-SC being more favorable to respondent Judge Floro. Rule 140, before its amendment, automatically classified violations of the Code of Judicial Conduct as serious charges. As amended, a violation of the Code of Judicial Conduct may amount to gross misconduct, which is a serious charge, or it may amount to simple misconduct, which is a less serious charge or it may simply be a case of vulgar and/or unbecoming conduct which is a light charge. "Misconduct" is defined as wrong or improper conduct while "gross" connotes something "out of all measure; beyond allowance; not to be excused; flagrant; shameful." 40 For serious misconduct to exist, the judicial act complained of should be corrupt or inspired by an intention to violate the law or a persistent disregard of well-known legal rules. 41
With the foregoing as yardstick, we find the act of Judge Floro in circulating calling cards containing self-laudatory statements constitutive of simple misconduct in violation of Canon 2, Rule 2.02 of the Code of Judicial Conduct as it appears that Judge Floro was not motivated by any corrupt motive but, from what we can see from the evidence, a persistent and unquenchable thirst for recognition. Concededly, the need for recognition is an all too human flaw and judges do not cease to be human upon donning the judicial robe. Considering, however, the proscription against judges seeking publicity for personal vainglory, they are held to a higher standard as they must act within the confines of the code they swore to observe. As to the charge that Judge Floro, through his branch clerk of court, had been announcing in open court his qualifications, we find that this is likewise violative of Canon 2, Rule 2.02 of the Code of Judicial Conduct as it smacks of unnecessary publicity. Judges should not use the courtroom as platform for announcing their qualifications especially to an audience of lawyers and litigants who very well might interpret such publicity as a sign of insecurity. Verily, the public looks upon judges as the bastion of justice confident, competent and true. And to discover that this is not so, as the judge appears so unsure of his capabilities that he has to court the litigants and their lawyers approval, definitely erodes public confidence in the judiciary. As it is not disputed, however, that these announcements went on for only a week, Judge Floro is guilty of simple misconduct only. (b)Re: Charge of allowing the use of his chambers as sleeping quarters The audit team observed that "inside Judge Floros chamber[s], there is a folding bed with cushion located at the right corner of the room. A man, who was later identified as Judge Floros driver, was sleeping. However, upon seeing the audit team, the driver immediately went out of the room." 42
Judge Floro contends that this charge is without legal or factual basis. The man the audit team saw "sleeping" on his folding bed, J. Torralba, was Judge Floros aide or "alalay" whom he allows to rest from time to time (in between periods and especially during court sessions) for humanitarian reasons. J. Torralba was not sleeping during that time that the audit team was in Branch 73 as he immediately left when he saw the members thereof. This charge must fail as there is nothing inherently improper or deplorable in Judge Floro having allowed another person to use his folding bed for short periods of time during office hours and while there is no one else in the room. The situation would have been different if there had been any allegation of misuse or abuse of government funds and/or facilities such as in the case of Presado v. Genova 43 wherein Judge Genova was found guilty of serious misconduct and conduct prejudicial to the best interest of the service when he and his family used his chambers as residential quarters, with the provincial government paying for the electrical bills. Be that as it may, it does not augur well for a new judge to allow such familiarity from his aide as this becomes fodder for gossip as what had apparently happened in this case. Judge Floro should have been aware of and attuned to the sensibilities of his staff who were understandably uncomfortable with the uncommon arrangement of a judge allowing his aide easy access to his folding bed. (c) Re: Charge of rendering resolutions without written orders in violation of Rule 36, Section 1, 1997 Rules of Procedure (g) Re: Charge of proceeding with the hearing on the Motion for Release on Recognizance filed by the accused without the presence of the trial prosecutor and propounding questions in the form of examination of the custodian of the accused The memorandum report reads: c. It was reported by the staff of Branch 73 that regardless of the absence of the trial prosecutor, Judge Floro, Jr. still proceeded with the hearing of the following matters: (c-1) "Motion for Release on Recognizance" filed by the accused, in Criminal Cases Nos. 20384, 20371, 20246 and 20442 entitled "People vs. Luisito Beltran", "People vs. Emma Alvarez, et al.", "People vs. Rowena Camino", and "People vs. John Richie Villaluz", respectively. In the hearing of these motions, Judge Floro, Jr. propounded questions (in a form of direct examination) to the custodian of the accused without the accused being sworn by the administering officer. (Note: initially, Judge Floro, Jr. ordered the Branch Clerk of Court Dizon to place the accused under oath prior to the start of his questions. However, COC Dizon refused). The hearing on the aforesaid motions is an offshoot of a previous hearing wherein the accused had pleaded guilty to a lesser offense. After the reading of the sentence, Judge Floro, Jr. would automatically inform the accused that they are qualified to apply for probation. In fact, Judge Floro, Jr. would even instruct his staff to draft the application in behalf of the accused so that a motion for release on recognizance will immediately be heard and be consequently granted. As appearing in the minutes of the hearing (attached herewith as Annexes "3" to "6"), the custodians of the accused are either a barangay kagawad, barangay tanod or a member of the lupong tagapamayapa. Likewise, no written order granting the motion for release on recognizance is being issued by Judge Floro, Jr. since according to him neither rules nor circular mandates the issuance of a written order. Instead, after granting the motion, Judge Floro, Jr. just requires the parties to sign the minutes of the session. Photocopies of the minutes dated March 4, 1999 in Criminal Cases Nos. 20384-MN; 20373-MN; and 20371-MN are hereto attached as Annexes "3" to "5". On March 11, 1999, in Criminal Cases Nos. 20426-MN and 20442-MN, Judge Floro, Jr. granted a similar motion without issuing a written order. Copies of the minutes are hereto attached as annexes "6" to "7." 44
In his Verified Comment, Judge Floro argues that he never violated any rule of procedure with respect to the cases mentioned by the Audit Team, asserting that Contrary to the stance of the TEAM, Sec. 1 of Rule 36, Rules of Court refers only to final and not interlocutory orders. Only final orders and judgments are promulgated, rendered and entered. x x x x Applying the foregoing well-settled doctrines of law to the case at bar, herein respondent faithfully complied with the requirements of Sec. 7 of P.D. 968 as amended, regarding the applications for release on recognizance, thus: a. The application for release on recognizance, although captioned as MOTION FOR RELEASE ON RECOGNIZANCE, is primarily governed by Sec. 7 of P.D. 968, a Special Law on Probation. b. Any Application for Release on Recognizance, is given due course/taken cognizance of by respondent, if on its face, the same bears the rubber stamp mark/receipt by the Office of the City/Public Prosecutor. c. The consistent practice both in RTC, METRO MANILA (all courts), especially in RTC, MALABON, and in Malolos, Bulacan (where respondent practiced from 1985-1998 almost 14 years), [and especially the practice of former Judge A. V. Cabigao, Br. 73, RTC, Malabon, Metro Manila], is to interview the custodian, in the chambers, regarding his being a responsible member of the community where the accused reside/resides; the questions propounded are in the form of direct and even cross examination questions. d. The accused is not required to be placed on the witness stand, since there is no such requirement. All that is required, is to inform the accused regarding some matters of probation (optional) such as whether he was sentenced previously by a Court, whether or not he has had previous cases, etc. e. Even if RTC Judges in Malabon do not conduct Court hearings on application for release on recognizance, respondent, for caution in most of the applications, included the interview/hearing on the applications for release on recognizance, during criminal trial dates, where a fiscal/trial prosecutor is available; at other times, the hearing is held in the chambers. 45
The explanation given by Judge Floro betrays his liability for ignorance of the rules on probation under Presidential Decree No. 968 (Probation Law), as amended. Contrary to his remonstrations, the release of an accused on recognizance entails more than a cursory interview of the custodian and the applicant. Under the Probation Law, 46 and as we explained in Poso v. Judge Mijares, 47 it is incumbent upon the Judge hearing the application to ascertain first that the applicant is not a "disqualified offender" as "(p)utting the discharge of the accused on hold would have allowed [the judge] more time to pass upon the request for provisional liberty." Moreover, from Judge Floros explanations, it would seem that he completely did away with the requirement for an investigation report by the probation officer. Under the Probation Law, the accuseds temporary liberty is warranted only during the period for awaiting the submission of the investigation report on the application for probation and the resolution thereon. 48 As we explained in Poso v. Judge Mijares 49 : It must be stressed that the statutory sequence of actions, i.e., order to conduct case study prior to action on application for release on recognizance, was prescribed precisely to underscore the interim character of the provisional liberty envisioned under the Probation Law. Stated differently, the temporary liberty of an applicant for probation is effective no longer than the period for awaiting the submission of the investigation report and the resolution of the petition, which the law mandates as no more than sixty (60) days to finish the case study and report and a maximum of fifteen (15) days from receipt of the report for the trial judge to resolve the application for probation. By allowing the temporary liberty of the accused even before the order to submit the case study and report, respondent Judge unceremoniously extended the pro tem discharge of the accused to the detriment of the prosecution and the private complainants. (Emphasis supplied) As to the argument of Judge Floro that his Orders for the release of an accused on recognizance need not be in writing as these are duly reflected in the transcript of stenographic notes, we refer to Echaus v. Court of Appeals 50 wherein we held that "no judgment, or order whether final or interlocutory, has juridical existence until and unless it is set down in writing, signed and promulgated, i.e., delivered by the Judge to the Clerk of Court for filing, release to the parties and implementation." Obviously, then, Judge Floro was remiss in his duties as judge when he did not reduce into writing his orders for the release on recognizance of the accused in Criminal Cases No. 20384, 20371, 202426 and 20442 entitled, "People v. Luisito Beltran," "People v. Emma Alvarez, et al.," "People v. Rowena Camino," and "People v. John Richie Villaluz." 51 From his explanation that such written orders are not necessary, we can surmise that Judge Floros failure was not due to inadvertence or negligence on his part but to ignorance of a procedural rule. In fine, we perceive three fundamental errors in Judge Floros handling of probation cases. First, he ordered the release on recognizance of the accused without the presence of the prosecutor thus depriving the latter of any opportunity to oppose said release. Second, Judge Floro ordered the release without first requiring the probation officer to render a case study and investigation report on the accused. Finally, the order granting the release of the accused on recognizance was not reduced into writing. It would seem from the foregoing that the release of the accused on recognizance, as well as his eventual probation, was already a done deal even before the hearing on his application as Judge Floro took up the cudgels for the accused by instructing his staff to draft the application for probation. This, Judge Floro did not deny. Thus, we agree in the observation of the audit team that Judge Floro, as a matter of policy, had been approving applications for release on recognizance hastily and without observing the requirements of the law for said purpose. Verily, we having nothing against courts leaning backward in favor of the accused; in fact, this is a salutary endeavor, but only when the situation so warrants. In herein case, however, we cannot countenance what Judge Floro did as "the unsolicited fervor to release the accused significantly deprived the prosecution and the private complainants of their right to due process." 52
Judge Floros insistence that orders made in open court need not be reduced in writing constitutes gross ignorance of the law. Likewise, his failure to follow the basic rules on probation, constitutes gross ignorance of the law. 53
Verily, one of the fundamental obligations of a judge is to understand the law fully and uphold it conscientiously. 54 When the law is sufficiently basic, a judge owes it to his office to know and simply apply it for anything less is constitutive of gross ignorance of the law. 55 True, not every judicial error bespeaks ignorance of the law and that, if committed in good faith, does not warrant administrative sanctions. 56 To hold otherwise "would be nothing short of harassing judges to take the fantastic and impossible oath of rendering infallible judgments." 57 This rule, however, admits of an exception as "good faith in situations of fallible discretion inheres only within the parameters of tolerable judgment and does not apply where the issues are so simple and the applicable legal principle evident and as to be beyond permissible margins of error." 58 Thus, even if a judge acted in good faith but his ignorance is so gross, he should be held administratively liable. 59
(d) RE: Charge of partiality in criminal cases where he declared that he is pro-accused which is contrary to Canon 2, Rule 2.01, Canons of Judicial Conduct The audit team reported that Judge Floro relayed to the members thereof that in criminal cases, he is always "pro-accused" particularly concerning detention prisoners and bonded accused who have to continually pay for the premiums on their bonds during the pendency of their cases. Judge Floro denies the foregoing charge. He claims that what he did impart upon Atty. Buenaventura was the need for the OCA to remedy his predicament of having 40 detention prisoners and other bonded accused whose cases could not be tried due to the lack of a permanent prosecutor assigned to his sala. He narrated as well to Atty. Buenaventura the sufferings of detention prisoners languishing in the Malabon/Navotas jail whose cases had not been tried during the vacancy of his sala from February 1997 to 5 November 1998. At any rate, Judge Floro submits that there is no single evidence or proof submitted by any litigant or private complainant that he sided with the accused. Atty. Dizon, Judge Floros Clerk of Court, on the other hand, categorically stated under oath that Judge Floro, during a staff meeting, admitted to her and the staff of Branch 73 and in the presence of his Public Attorneys Office (PAO) lawyer that he is pro-accused for the reason that he commiserated with them especially those under detention as he, himself, had been accused by his brother and sister-in-law of so many unfounded offenses. 60
Between the two versions, the testimony of Atty. Dizon is more credible especially since it is corroborated by independent evidence, 61 e.g., Judge Floros unwarranted eagerness in approving application for release on recognizance as previously discussed. Canon 2.01 of the Code of Judicial Conduct states: "A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary." This means that a judge whose duty is to apply the law and dispense justice "should not only be impartial, independent and honest but should be believed and perceived to be impartial, independent and honest" as well. 62 Like Caesars wife, a judge must not only be pure but above suspicion. 63 Judge Floro, by broadcasting to his staff and the PAO lawyer that he is pro-accused, opened himself up to suspicion regarding his impartiality. Prudence and judicial restraint dictate that a judge should reserve personal views and predilections to himself so as not to stir up suspicions of bias and unfairness. Irresponsible speech or improper conduct of a judge erodes public confidence in the judiciary. 64 "His language, both written and spoken, must be guarded and measured, lest the best of intentions be misconstrued." 65
On a more fundamental level, what is required of judges is objectivity if an independent judiciary is to be realized. And by professing his bias for the accused, Judge Floro is guilty of unbecoming conduct as his capacity for objectivity is put in serious doubt, necessarily eroding the publics trust in his ability to render justice. As we held in Castillo v. Juan 66 : In every litigation, x x x, the manner and attitude of a trial judge are crucial to everyone concerned, the offended party, no less than the accused. It is not for him to indulge or even to give the appearance of catering to the at-times human failing of yielding to first impressions. He is to refrain from reaching hasty conclusions or prejudging matters. It would be deplorable if he lays himself open to the suspicion of reacting to feelings rather than to facts, of being imprisoned in the net of his own sympathies and predilections. It must be obvious to the parties as well as the public that he follows the traditional mode of adjudication requiring that he hear both sides with patience and understanding to keep the risk of reaching an unjust decision at a minimum. It is not necessary that he should possess marked proficiency in law, but it is essential that he is to hold the balance true. What is equally important is that he should avoid any conduct that casts doubt on his impartiality. What has been said is not merely a matter of judicial ethics. It is impressed with constitutional significance. (h) Re: Charge of using/taking advantage of his moral ascendancy to settle and eventually dismiss Criminal Case No. 20385-MN (for frustrated homicide) in the guise of settling the civil aspect of the case, by persuading the private complainant and the accused to sign the settlement even without the presence of the trial prosecutor. (j) Re: Charge of issuing an Order on 8 March 1999 which varies from that which he issued in open court in Criminal Case No. 20385-MN, for frustrated homicide. The memorandum report states: During the arraignment and pre-trial of Criminal Case No. 20385-MN entitled: "People vs. Nenita Salvador", Judge Floro, Jr., in the absence of the public prosecutor and considering that the private complainant was not being represented by a private prosecutor, used his moral ascendancy and influence to convince the private complainant to settle and eventually cause the dismissal of the case in the guise of settling its civil aspect by making the private complainants and the accused sign the settlement. (Copy of the signed stenographic notes is hereto attached as Annex "8"). x x x x In an Order dated March 8, 1999 in Criminal Case No. 20385-MN, for frustrated homicide, Judge Floro, Jr. put on record the "manifestations" of the private complainant and the accused relative to their willingness to settle the civil aspect of the case. In the same order, Judge Floro, Jr. reserved his ruling on the said settlement until after the public prosecutor has given his comment. However, per report of the court employees in Branch 73, the aforesaid order was actually a revised one or a deviation from the original order given in open court. Actually, the said criminal case was already settled even without the presence of the public prosecutor. The settlement was in the nature of absolving not only the civil liability of the accused but the criminal liability as well. It was further reported that the private complainants signed the compromise agreement due to the insistence or persuasion of Judge Floro, Jr. The audit team was furnished a copy of the stenographic notes (unsigned draft order) and the revised order (signed). Copies of the stenographic notes and the revised order are hereto attached as Annexes "8", "13", and "14". (Note: the stenographic notes were signed by the parties to the case). In the meantime, the mother of the private complainant in Criminal Case No. 20385-MN, Luz Arriego, filed an administrative case against Judge Floro docketed as A.M. OCA-I.P.I. No. 99-812- RTJ. In her Affidavit Complaint 67 dated 9 August 1999, she alleged that on 8 March 1999, Judge Floro forced them to settle her daughters case against the accused therein despite the absence of the trial prosecutor. When the parties could not agree on the amount to be paid by the accused for the medical expenses incurred by complaining witness, they requested respondent that they be given time to study the matter and consult a lawyer to which Judge Floro replied that the case be settled immediately, uttering, "ngayon na! ngayon na!" Moreover, Judge Floro allegedly made them believe that the counter-charges filed by the accused against the complaining witness would likewise be dismissed, so they agreed to settle the case. However, the written Order issued by respondent Judge did not reflect the agreement entered into by the parties in open court. Judge Floro takes exception to the foregoing OCA report and the complaint filed by Mrs. Arriego, maintaining that the hearing on said case was not only in accordance with the Rules of Court but was also beneficial to the litigants concerned as they openly manifested their willingness to patch up their differences in the spirit of reconciliation. Then, considering that the parties suggested that they would file the necessary pleadings in due course, Judge Floro waited for such pleadings before the TSN-dictated Order could be reduced to writing. Meanwhile, in the course of a conversation between Judge Floro and Court Administrator Benipayo, the latter opined that under Section 27 of Rule 130 of the Rules of Court, an offer of compromise in criminal cases is tantamount to an admission of guilt except in some cases. With this in mind, the 8 March 1999 Order of the hearing on even date was superseded by the revised written Order likewise dated 8 March 1999. Judge Floro asserts that contrary to Atty. Buenaventuras stance that he has no power to revise an Order, courts have plenary power to recall and amend or revise any orally dictated order in substance and in form even motu proprio. The rule on the matter finds expression in Echaus v. Court of Appeals 68 wherein we declared: x x x [N]o judgment, or order whether final or interlocutory, has juridical existence until and unless it is set down in writing, signed and promulgated, i.e., delivered by the Judge to the Clerk of Court for filing, release to the parties and implementation, and that indeed, even after promulgation, it does not bind the parties until and unless notice thereof is duly served on them by any of the modes prescribed by law. This is so even if the order or judgment has in fact been orally pronounced in the presence of the parties, or a draft thereof drawn up and signed and/or copy thereof somehow read or acquired by any party. In truth, even after promulgation (i.e., filing with the clerk of court), and even after service on the parties of notice of an order or judgment, the Court rendering it indisputably has plenary power to recall and amend or revise it in substance or form on motion of any party or even motu proprio, provided that in the case of a final order or judgment, the same has not attained finality. (Emphasis supplied) In herein case, what was involved was an interlocutory order made in open court ostensibly a judicial approval of a compromise agreement which was amended or revised by removing the stamp of judicial approval, the written order merely stating that Judge Floro was reserving its ruling regarding the manifestations of the parties to enter into a compromise agreement after the public prosecutor shall have submitted its comments thereto. 69
Considering then that it was well within the discretion of Judge Floro to revise his oral order per the Echaus ruling and factoring in his explanation for resorting to such an amendment, we find no basis for the charge of dishonesty (under paragraph "j" of the complaint). Anent the charge that Judge Floro used his moral ascendancy to settle and eventually dismiss Criminal Case No. 20385-MN (for frustrated homicide) in the guise of settling the civil aspect of the case, by persuading the private complainant and the accused to sign the settlement even without the presence of the trial prosecutor, the same must likewise fail for lack of basis. The controversial settlement never came to pass. It was not judicially approved as reflected in the revised Order of 8 March 1999, thus, Mrs. Arriego actually had no cause for complaint. She cannot, on one hand, complain that the written order did not reflect the agreement reached during the hearing and, on the other hand, claim that this agreement was reached under duress at the instance of Judge Floro. (i) For motu proprio and over the strong objection of the trial prosecutor, ordering the mental and physical examination of the accused based on the ground that the accused is "mahina ang pick-up" The audit team reported that in an Order dated 8 February 1999 in Criminal Case No. 20347-MN, Judge Floro "motu proprio ordered the physical and mental examination of the accused by any physician, over the strong objection of the trial prosecutor, on the ground that the accused is "mahina ang pick-up." 70
In refutation, Judge Floro argues -- In the case at bar, respondent/Court carefully observed the demeanor of the accused NESTOR ESCARLAN and noted the manifestations of his counsel de oficio, Atty. E. Gallevo, PAO lawyer, and the comment/objections of the trial prosecutor, Prosecutor J. Diaz, thus: a. Atty. Gallevo manifested to the Court that the accused opted to enter a plea of not guilty; b. But upon query of the Court, the accused approached the bench and he appeared trembling and stammering; c. Atty. Gallevo, upon questions by respondent, readily admitted that accused is "nauutal", has difficulty of reasoning, of speaking, and very nervous; d. Atty. Gallevo also manifested that the accused often changed his mind regarding the plea, from not guilty to guilty and to not guilty, and so forth; e. Considering the grave situation, Atty. Gallevo, upon citation by the Court/respondent of the pertinent provisions of the Rules, namely Rule 28 (Mental Examination of Persons), Sec. 12 of Rule 116, and Sec. 5(g) of Rule 135, Rules of Court (plenary powers to issue orders to conform to justice), manifested orally that the accused is "mahina ang pick-up"; f. Hence, respondent exercised his sound discretion in issuing the ORDER OF MENTAL EXAMINATION. The MENTAL examination ORDER finds legal support, since it is well-settled that "the court may order a physical or MENTAL examination of a party where his physical or mental condition is material to the issues involved." (27 C.J.S. p. 119, cf. MARTIN, p. 107, id.). 71
PAO lawyer Erwin Joy B. Gallevo took the witness stand for Judge Floro. He testified that he moved for the suspension of the arraignment of the accused Nestor Escarlan Escancilla in order to assess his mental fitness for trial. 72 As reflected in the Order for suspension, however, and as admitted by Judge Floro himself in his Comment, Atty. Gallevo merely manifested that accused is "mahina ang pick-up." Be that as it may, we cannot fault Judge Floro for suspending the arraignment motu proprio and "over the strong objection of the trial prosecutor." It must be remembered that the scheduled arraignment took place in February 1999 when the applicable rule was still Section 12(a) of Rule 116 of the 1985 Rules of Criminal Procedure, which reads: SEC. 12. Suspension of arraignment. The arraignment shall be suspended, if at the time thereof: (a) The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose. The above-cited rule does not require that the suspension be made pursuant to a motion filed by the accused unlike Section 11(a), Rule 116 of the present 2000 Rules of Criminal Procedure which decrees that the suspension be made "upon motion by the proper party." 73 Thus, it was well within the discretion of Judge Floro to order the suspension of the arraignment motu proprio based on his own assessment of the situation. In fact, jurisprudence imposes upon the Judge the duty to suspend the proceedings if it is found that the accused, even with the aid of counsel, cannot make a proper defense. 74 As we underscored in People v. Alcalde 75 : Settled is the rule that when a judge is informed or discovers that an accused is apparently in a present condition of insanity or imbecility, it is within his discretion to investigate the matter. If it be found that by reason of such affliction the accused could not, with the aid of counsel, make a proper defense, it is the duty of the court to suspend the proceedings and commit the accused to a proper place of detention until his faculties are recovered. x x x. x x x x The constitutional right to be informed of the nature and cause of the accusation against him under the Bill of Rights carries with it the correlative obligation to effectively convey to the accused the information to enable him to effectively prepare for his defense. At the bottom is the issue of fair trial. While not every aberration of the mind or exhibition of mental deficiency on the part of the accused is sufficient to justify suspension of the proceedings, the trial court must be fully satisfied that the accused would have a fair trial with the assistance the law secures or gives. x x x. Whether or not Judge Floro was indeed correct in his assessment of the accuseds mental fitness for trial is already beside the point. If ever he erred, he erred in the side of caution which, under the circumstances of the case, is not an actionable wrong. (e)Re: Charge of appearing and signing pleadings in Civil Case No. 46-M-98 pending before Regional Trial Court, Branch 83, Malolos, Bulacan in violation of Canon 5, Rule 5.07, Code of Judicial Conduct which prohibits a judge from engaging in the private practice of law (f)Re: Charge of appearing in personal cases without prior authority from the Supreme Court and without filing the corresponding applications for leaves of absence on the scheduled dates of hearing In support of the above charges, the memorandum report states: i.Judge Floro, Jr. informed the audit team that he has personal cases pending before the lower courts in Bulacan. He admitted that Atty. Bordador, the counsel of record in some of these cases, is just signing the pleadings for him while he (Judge Floro, Jr.) acts as collaborating counsel. When attending the hearing of the cases, Judge Floro, Jr. admitted that he does not file an application for leave of absence. Based on the reports gathered by the audit team, Judge Floro, Jr. has a pending civil case in the Regional Trial Court of Malolos, Bulacan and a criminal case in Municipal Trial Court, Meycauayan, Bulacan. It is reported that in these cases, he is appearing and filing pleadings in his capacity as party and counsel for himself and even indicating in the pleadings that he is the Presiding Judge of Branch 73, RTC, Malabon. Upon verification by the audit team, it was found out that Judge Floro, Jr. indeed has a pending case before the Regional Trial Court, Branch 83, Malolos, Bulacan docketed as Civil Case No. 46-M-98, entitled: "In Re: In the Matter of the Petition for Habeas Corpus of Robert V. Floro, Atty. Florentino V. Floro, Jr., Petitioner - versus Jesie V. Floro and Benjamin V. Floro". In this case Judge Floro, Jr. filed an "Ex-Parte Motion for Issuance of Entry of Judgment with Manifestation and/or Judicial Admission" wherein he signed as the petitioner and at the same time indicated that he is the presiding judge of RTC, Branch 73, Malabon, Metro Manila. Court stenographer Marissa Garcia, RTC, Branch 83, Malolos, Bulacan confirmed this information. Judge Floro, Jr. even attached a copy of his oath taking and his picture together with President Joseph Estrada to the aforesaid pleading. Photocopy of the said Motion is hereto attached as Annex "9". Judge Floro, Jr. has a pending request with the Court Management Office, Office of the Court Administrator, to appear as counsel or collaborating counsel in several civil cases (except the above- mentioned case) pending before lower courts. 76
Well ensconced is the rule that judges are prohibited from engaging in the private practice of law. Section 35, Rule 138 of the Rules of Court unequivocally states that: "No judge or other official or employee of the superior courts or of the Office of the Solicitor General, shall engage in private practice as member of the bar or give professional advice to client." Canon 5, Rule 5.07 of the Code of Judicial Conduct, on the other hand, provides that: "A judge shall not engage in the private practice of law." Judge Floro vehemently denies the foregoing charge claiming that he hired lawyers to attend to his personal cases. 77
A scrutiny of the voluminous records in this case does not reveal any concrete proof of Judge Floro having appeared as counsel in his personal cases after he had already been appointed Judge except that he prepared a pleading ("Ex Parte Motion For Issuance of Entry of Judgment With Manifestation and/or Judicial Admission") jointly with his counsel of record in connection with a habeas corpus case he filed against his brothers for the custody of their "mild, mentally-retarded" brother. He explained, however, that he prepared the said pleading in the heat of anger as he could not accept the judgment of dismissal in that case. 78 He likewise explained that the pleading was signed by him alone due to inadvertence and that he had rectified the same by filing an Amended Manifestation with Affidavit of Merit. 79 Finally, during the hearing of this case, Judge Floro argued that he filed the subject pleading as petitioner and not as counsel. 80
The proscription against the private practice of law by judges is based on sound public policy, thus: [T]he rights, duties, privileges and functions of the office of an attorney-at-law are inherently incompatible with the high official functions, duties, powers, discretion and privileges of a judge. It also aims to ensure that judges give their full time and attention to their judicial duties, prevent them from extending special favors to their own private interests and assure the public of their impartiality in the performance of their functions. These objectives are dictated by a sense of moral decency and desire to promote the public interest. 81
Based on the above rationale, it becomes quite evident that what is envisioned by "private practice" is more than an isolated court appearance, for it consists in frequent or customary action, a succession of acts of the same nature habitually or customarily holding ones self to the public as a lawyer. 82 In herein case, save for the "Motion for Entry of Judgment," it does not appear from the records that Judge Floro filed other pleadings or appeared in any other court proceedings in connection with his personal cases. It is safe to conclude, therefore, that Judge Floros act of filing the motion for entry of judgment is but an isolated case and does not in any wise constitute private practice of law. Moreover, we cannot ignore the fact that Judge Floro is obviously not lawyering for any person in this case as he himself is the petitioner. Be that as it may, though Judge Floro might not be guilty of unauthorized practice of law as defined, he is guilty of unbecoming conduct for signing a pleading wherein he indicated that he is the presiding judge of RTC, Branch 73, Malabon City and for appending to the pleading a copy of his oath with a picture of his oath-taking. The only logical explanation we can reach for such acts is that Judge Floro was obviously trying to influence or put pressure on a fellow judge by emphasizing that he himself is a judge and is thus in the right. 83 Verily, Canon 2, Rule 2.04 of the Code of Judicial Conduct mandates that a "judge shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency." By doing what he did, Judge Floro, to say the least, put a fellow judge in a very awkward position. As to charge (f), the OCA has failed to substantiate its claim that Judge Floro has been attending the hearing of his personal cases without filing for leave of absence. As Judge Floro vehemently protests the charge as untrue, it was incumbent upon the OCA to prove its case. Time and again we have held that although administrative proceedings are not strictly bound by formal rules on evidence, the liberality of procedure in administrative actions is still subject to limitations imposed by the fundamental requirement of due process. 84
(k) Re: Charge of openly criticizing the Rules of Court and the Philippine justice system (l) Re: Charge of use of highly improper and intemperate language during court proceedings The memorandum report reads: In the course of the judicial audit, the audit team was able to observe the way Judge Floro, Jr. conducts court proceedings. With the assistance of the court staff, the team was able to obtain a tape-recorded proceeding conducted by Judge Floro, Jr. Attached is the transcript of the proceedings (Annex "15"). The tape record of the court proceedings is also submitted along with this report as Exhibit "A". x x x x The case for hearing that day was Civil Case No. 1256 MM. A certain Atty. Abelarde was appearing for the plaintiff while Atty. Emmanuel Basa was appearing for the defendant. During the hearing, it seems that the counsels for both parties were guiding Judge Floro, Jr. on how to proceed with the trial. There was one instance when Judge Floro, Jr. criticized the Rules of Court, to wit: "Judge Floro, Jr.: Kasi nga ang may plano nito ay ang Rules of Court, hindi nila maayos ang Rules of Court natin, hindi realistic kinopya lang sa law of California on Civil Procedure; pagdating dito eh dahil sa kanila maraming nagkakaproblema, masyadong maraming eh ako wala akong pinagkopyahan yan but ginawa ko lang yon Sabi ko si Judge nagko-complain kasi, sabi ko nga pagka ang lawyer hindi alam yan talo na sa akin except na hindi papayag kasi marami diyang " In another proceeding conducted on a different day, Judge Floro, Jr., instead of holding trial, discussed, in open court, the case involving his brother. He even condemned the Philippine justice system and manifested his disgust on the unfairness of the system. Thus, he said: "Sabi ko paano ko matatagpuan ang katarungan dito sa korteng eto bulok ang hustisya. Ang kapatid ko napakayaman, ako walang pera." He continued: "Yung kapatid ko. Hindi ko makuha kundi makita ko lang. Bawal kasi; yung kapatid ko retarded, bawal. In memory of my brother, Robert Floro. So, ngayon nag-file ako. Sabi ni Judge Agloro senermonan pa ako, ganun ganun Sabi ko paano ko makikita ang katarungan. Tapos ngayon ang nangyari di Judge na ako, hindi ko pa nakita ang kapatid ko. Di ngayon, ang ginawa ko na- dismiss na yung case, hindi ko inano kasi wala akong nakikitang katarungan dahil ang kapatid ko ay napakaraming pera. Alam ko naman kung ang isang court eh parehas o may kiling eh. Yung abogado niya malakas na malakas doon. Sana hindi naka-record eto (laughs) baka ako ma- contempt dito." 85
Judge Floro denies the foregoing accusations, emphatically arguing that these are all hearsay fabrications supplied by his Clerk of Court, Atty. Dizon, and by disgruntled RTC personnel due to ill or ulterior motives (i.e., to allegedly cover-up their consistent tardiness, habitual absenteeism and gross neglect of duties which were all unearthed by Judge Floro). As to the tape recording of an alleged court hearing wherein he criticized the Philippine judicial system, Judge Floro contends that this recording was done clandestinely by his staff in violation of the Anti-Wire Tapping Law (Republic Act No. 4200) and, to suit their plans, they twisted the facts by cutting portions thereof. They also made it appear that the conversation took place in a court proceeding when, in fact, this was inside his chambers. During the investigation, it was established that the two tapes in question were submitted to the OCA sans the "yellow notes" and the official transcribed copy thereof. 86 This means that the transcribed copy that was submitted by the audit team as Annex "15" is but an unofficial copy and does not, by itself, prove that what was being recorded was a court proceeding. This being the case, the two tapes, without concrete proof that they were taken officially during a court proceeding, cannot be used against Judge Floro as the unauthorized recording of a private conversation is inadmissible under Rep. Act No. 4200. 87
Without the tape and transcribed copies of the contents thereof, we are thus left with only Judge Floros word against that of Atty. Dizon, his Clerk of Court who testified under oath as to Judge Floros alleged propensity to criticize the judiciary and to use intemperate language. Resolving these particular charges would therefore depend upon which party is more credible. Atty. Dizon stated on the witness stand that: Q: Is Judge Floro guilty of Violation of Canon 1 Rule 1.01 Code of Judicial Conduct when he openly criticized the Rules of Court and the Philippine Justice System? A: Yes. Judge Floro has mentioned to each and everyone of us in branch 73 the alleged "kabulukan ng hustisya". Time and again he said the Rules of Court is of no use. He said that since theory and the practice of law are very different, the Rules of Court does not always apply to different cases. Not only the justice system did he criticize but likewise Judges and Justices. He told us . . . and I quote "Dyan sa Malolos sangkatutak ang corrupt na Judges . . . Sa Court of Appeals P25,000.00 ang pinakamababang lagayan diyan." To our mind, how can a Judge like him openly criticize the very institution he is now serving? Where is his respect to the court, to the bar and to the bench? How can he uphold courts as temples of justice if he himself did not believe in the justice system? x x x x Q What can you say about charge letter "L" which reads for the use of highly improper and intemperate language during court proceedings? A Judge Floro, if in the presence of all his staff, during the presence of me, the Court Interpreter, the Legal Researcher, maybe a Clerk, he always discuss matters regarding practitioners in our court. There is one time one Atty. Feliciano a lady lawyer, he said, "Luka-luka, talaga yang babaing yan" and then he would call even not during court session, but during office hours our Court Interpreter "malandi, luka-luka, may fruit of the sun". So, it did not surprise us one time when during a pre-trial conference in a Civil Case, for Civil Case No. 25-86-MN "Lopez v. Reyes and Mercado", he uttered offensive language against his fellow judge. Take the transcription of this court proceeding is already adapted by the Court Administrator. It was the content of the tape he sent the Court Administrator. Actually, for consultation and advise after hearing what Judge Floro discussed in open Court, before all of us, the court staff present in the hearing and before the lawyer and the defendants in the case, we were in quandary whether or not to attach in the record the stenographic notes or even the actual transcription of the proceedings because it contained offensive languages against the justice system, against a certain judge, against a certain Clerk of Court named Jude Assanda, against people he is disgusted with. In fact, instead of discussing the merit of the case or the possibility of the amicable settlement between the parties, he integrated this kind of discussion. So, as a Clerk of Court, I may not use my discretion whether or not to advise the stenographer to indeed present the same or attach the same in the record because it contained offensive languages highly improper and intemperate languages like for example, "putang ina", words like "ako ang anghel ng kamatayan, etcetera, etcetera". 88
The denials of Judge Floro are insufficient to discredit the straightforward and candid declarations of Atty. Dizon especially in the light of confirming proofs from Judge Floro himself. The Court finds the version of Atty. Dizon more credible because subject utterances are consistent with Judge Floros claims of intellectual superiority for having graduated with several honors from the Ateneo School of Law and having placed 13th in the bar examinations. Moreover, his utterances against the judicial system on account of his perception of injustice in the disposition of his brothers case are not far removed from his reactions to what he perceived were injustices committed against him by the OCA and by the persons who were either in charge of the cases against him or had some sort of participation therein. Consequently, although there is no direct proof that Judge Floro said what he is claimed to have said, nonetheless, evidence that he sees himself as intellectually superior as well as evidence of his habit of crying foul when things do not go his way, show that it is more likely that he actually criticized the Rules of Court and the judicial system and is thus guilty of unbecoming conduct. Verily, in administrative cases, the quantum of proof necessary for a finding of guilt is substantial evidence or such relevant evidence as reasonable mind might accept as adequate to support a conclusion. 89 In this case, there is ample and competent proof of violation on Judge Floros part. (m) Re: Charge of violating Circular No. 13-87 dated 1 July 1987 The memorandum report stated that Judge Floro [D]eviat[ed] from the regular course of trial when he discusses matters involving his personal life and beliefs. Canon 3, Rule 3.03 provides that "[a] judge shall maintain order and proper decorum in the court." A disorderly judge generates disorderly work. An indecorous judge invites indecorous reactions. Hence, the need to maintain order and proper decorum in court. When the judge respects himself, others will respect him too. When he is orderly, others will follow suit. Proceedings in court must be conducted formally and solemnly. The atmosphere must be characterized with honor and dignity befitting the seriousness and importance of a judicial trial called to ascertain the truth. Anything which tends to detract from this atmosphere must be avoided. And the judge is supposed to be in control and is therefore responsible for any detraction therefrom. Circular No. 13 (Guidelines in the Administration of Justice) dated July 1, 1987 provides that trial of cases should be conducted efficiently and expeditiously. Judges should plan the course and direction of trials so that waste of time is avoided. Moreover, a judge should avoid being queer in his behavior, appearance and movements. He must always keep in mind that he is the visible representative of the law. Judge Floro, Jr.s claims that he is endowed with psychic powers, that he can inflict pain and sickness to people, that he is the angel of death and that he has unseen "little friends" are manifestations of his psychological instability and therefore casts doubt on his capacity to carry out the functions and responsibilities of a judge. Hence, it is best to subject Judge Floro, Jr. once again to psychiatric or mental examination to ascertain his fitness to remain in the judiciary. 90
Circular No. 13-87, by itself, does not define nor punish an offense but, as its title would suggest, it merely sets the guidelines in the administration of justice following the ratification of the 1987 Constitution. The arguments forwarded by the OCA, however, best exemplify the fact that the 13 charges are inextricably linked to the charge of mental/psychological illness which allegedly renders Judge Floro unfit to continue discharging the functions of his office. This being the case, we will consider the allegation that Judge Floro proclaims himself to be endowed with psychic powers, that he can inflict pain and sickness to people, that he is the angel of death and that he has unseen "little friends" in determining the transcendental issue of his mental/psychological fitness to remain in office. But before we even go into that, we must determine the appropriate penalty to be imposed for the seven of the 13 charges discussed above. To recapitulate, we have found Judge Floro guilty, in one way or another, of seven of the 13 charges against him. Thus: 1) Charge "a" - simple misconduct 2) Charges "c" and "g" gross ignorance of the law 3) Charge "d" unbecoming conduct 4) Charge "e" unbecoming conduct 5) Charges "k" and "l" unbecoming conduct Gross ignorance of the law or procedure is a serious charge. Under Rule 140 as amended, a judge guilty of a serious charge may be dismissed from the service, suspended from office without salary and other benefits for more than three but not exceeding six months or fined in the amount of P 20,000.00 but not exceeding P 40,000.00 depending on the circumstances of the case. In herein case, considering that Judge Floro had barely warmed his seat when he was slammed with these charges, his relative inexperience is to be taken in his favor. And, considering further that there is no allegation or proof that he acted in bad faith or with corrupt motives, we hold that a fine is the appropriate penalty. The fine is to be imposed in the maximum, i.e. P 40,000.00, as we will treat the findings of simple misconduct and unbecoming conduct as aggravating circumstances. 91
Judge Floro must be relieved of his position as Judge of RTC Malabon Branch due to a medically disabling condition of the mind that renders him unfit to discharge the functions of his office As we have explained, the common thread which binds the 13 seemingly unrelated accusations in A.M. No. RTJ-99-1460 is the charge of mental illness against Judge Floro embodied in the requirement for him to undergo an appropriate mental or psychological examination and which necessitated his suspension pending investigation. This charge of mental illness, if true, renders him unfit to perform the functions of his office notwithstanding the fact that, in disposing of the 13 charges, there had been no finding of dismissal from the service against Judge Floro. The Supreme Court Clinic first had occasion to interview Judge Floro when the latter applied for judgeship (which application he later voluntarily withdrew) way back in September 1995. The psychological report, as prepared by Cecilia C. Villegas, M.D. (Director III, Chief SC Clinic Services) and Melinda C. Grio (Psychologist), stated in part: PSYCHIATRIC EVALUATION: There are evidences of developing psychotic process at present. REMARKS: Atty. Floro was observed to be restless and very anxious during the interview. He was argumentative and over solicitous of questions asked, giving the impressions of marked suspiciousness. He centered on his academic excellence, an Ateneo de Manila graduate of the College of Law, rated top 13th place in the bar examination. He emphasized his obsessive and compulsive method of studying, at least 15 hours per day regardless of whether it was school days or vacation time. Vying for honors all the time and graduated Law as second honor, he calls this self-discipline and self- organization. He expressed dissatisfaction of his achievements, tend to be a perfectionist and cannot accept failures. To emphasize his ultra bright mind and analytical system, he related that, for the past 3 to 5 years, he has been experiencing "Psychic vision" every morning and that the biggest secret of the universe are the "unseen things." He can predict future events because of "power in psychic phenomenon" as when his bar results was to be released, he saw lights in the sky "no. 13- 1," and he got the 13th place. He has been practicing "parapsychology" seeing plenty of "dwendes" around him. He can talk on and on of bizarre ideas, that tends (sic) to be irrelevant. Intellectually, he has high assets, however, evidence of ego disintegration are prominent findings, both in the interview (conscious) and psychological test results. (unconscious level). 92
Approximately three years later, in June 1998, Judge Floro again presented himself to the Supreme Court Clinic when he applied anew for judgeship, this time of RTC Malabon. Psychologist Beatriz O. Cruz and Celeste P. Vista, M.D. (Psychiatrist and Medical Officer IV) did the interview and evaluation. Dr. Vista observed: Atty. Floro has an impressive academic achievements (sic), and he takes pride in this. During the interview, he was quite reluctant to reveal information about his family background and would rather talk about his work and academic achievements. However, he failed to integrate his knowledge into a cohesive unit which he can utilize to cope with the various tasks that he undertakes. This renders him confused and ambivalent with a tendency to vacillate with decision-making. He also has a low self-esteem and prone to mood swings with the slightest provocation. From the interview, there seems to have been no drastic change in his personality and level of functioning as a lawyer in private practice. However, he showed a pervasive pattern of social and interpersonal deficits. He has poor social skills and showed discomfort with close social contacts. Paranoid ideations, suspiciousness of others motives as well as perceptual distortions were evident during the interview. Atty. Floros current intelligence function is along the mild mental retardation (68) which is below the expected cognitive efficiency of a judge. Despite his impressive academic background and achievements, he has lapses in judgment and may have problems with decision-making. His character traits such as suspiciousness and seclusiveness and preoccupation with paranormal and psychic phenomena though not detrimental to his role as a lawyer, may cloud his judgment, and hamper his primary role as a judge in dispensing justice. Furthermore, he is at present not intellectually and emotionally equipped to hurdle the responsibilities of a judge and he may decompensate when exposed to anxiety-provoking and stress-laden situation. 93
It would seem that the JBC disregarded the above-quoted report as it allowed Judge Floro to seek a second opinion from private practitioners. A.M. No. RTJ-99-1460, however, resurrected the issue of his mental and psychological capacity to preside over a regional trial court. Thus, the Resolution of 20 July 1999 specifically ordered Judge Floro to submit to "appropriate psychological or mental examination." On 1 February 2000, per recommendation of Justice Ramirez, 94 the Court clarified that the "appropriate psychological or mental examination" being adverted to in the Resolution of 20 July 1999 is to be conducted by the SC Clinic. The Court thereby directed Judge Floro to "submit himself to the SC Clinic for psychological or mental examination, within ten (10) days from notice." 95 Judge Floro sought reconsideration which was denied by the Court on 22 February 2000. 96
The order to submit to the appropriate psychological examination by the SC Clinic was reiterated by the Court on 17 October 2000 with the admonition that Judge Floros failure to do so would result in appropriate disciplinary sanctions. 97
On 24 October 2000, Judge Floro sought reconsideration of the 17 October 2000 Resolution with a conjunctive special motion for him to undergo psychiatric examination by any duly authorized medical and/or mental institution. 98 This was denied by the Court on 14 November 2000. 99
On 10 November 2000, Judge Floro moved, among other things, for the inhibition or disqualification of Supreme Court Clinic doctors 100 and psychologist 101 with a manifestation that he filed cases against them for revocation of licenses before the Professional Regulatory Commission (PRC), the Philippine Medical Association (PMA) and the PAP 102 for alleged gross incompetence and dishonorable conduct under Sec. 24 of Rep. Act No. 2382/1959 Medical Act/Code of Medical Ethics. 103
On 16 November 2000, Justice Ramirez, with the approval of Court Administrator Benipayo, moved that Judge Floro be sanctioned for obvious contempt in refusing to comply with the 1 February 2000 and 17 October 2000 resolutions. According to Justice Ramirez, Judge Floros filing of administrative cases with the PRC against Dr. Mendoza, et al., is an indication of the latters intention to disregard and disobey the legal orders of the Court. 104 The Court en banc agreed in the report of Justice Ramirez, thus Judge Floro was ordered to submit to psychological and mental examination within 10 days from receipt, otherwise, he "shall be ordered arrested and detained at the jail of the National Bureau of Investigation (NBI) x x x." 105
Judge Floro finally complied with the directive on 13 and 15 December 2000. 106 He likewise sought the services of a private practitioner, Dr. Eduardo T. Maaba, who came out with his own evaluation of Judge Floro on 3 January 2001. 107
Thus, Judge Floro trooped to the Supreme Court Clinic for the third time in December 2000, this time in connection with A.M. No. RTJ-99-1460. Francianina G. Sanchez, Clinical Psychologist and Chief Judicial Staff Officer reported that "(o)ver all data strongly suggest a delusional disorder with movement in the paranoid direction." Dr. Celeste Vista, for her part, stated that: Based on the clinical data gathered, it appears that Judge Floro is basically a cautious, and suspicious individual with a compulsion to analyze and observe motives in his milieu. Despite his status, cognitive assets and impressive educational background, his current functioning is gauged along the LOW AVERAGE intelligence. He can function and apply his skills in everyday and routine situations. However, his test protocol is characterized by disabling indicators. There is impairment in reality testing which is an indicator of a psychotic process. He is unable to make an objective assessment and judgment of his milieu. Hence, he is apt to misconstrue signals from his environment resulting to perceptual distortions, disturbed associations, and lapses in judgment. Such that, cultural beliefs in dwarfs, psychic and paranormal phenomena and divine gifts of healing have become incorporated in a delusional (false and unshakable beliefs) system, that it has interfered and tainted his occupational and social functioning. Hence, he is found to be unfit in performing his court duties as a judge. 108
Pursuant to the aforecited December 2000 interview of Judge Floro, Supreme Court Senior Chief Staff Officer Rosa J. Mendoza, M.D., reported to Chief Justice Hilario G. Davide, Jr. in March 2001 that The findings of mental and psychological incapacity is thus substantially supported by evidence. Based on the three[3] psychological tests and evaluation of the two[2] psychiatrists, the undersigned has no other recourse but to recommend that Judge Florentino Floro be declared unfit to discharge his duties as a Judge, effective immediately. Not one to take this last recommendation sitting down, Judge Floro submitted earlier psychological evaluations conducted by several mental health professionals which were all favorable to him. The first three evaluations were in connection with his application as RTC Judge of Malabon City in 1998 brought about by him having "failed" the examination given by the Supreme Court Clinic. The report dated 04 September 1998 by staff psychologist, Rowena A. Reyes as noted by clinical Psychologist, Ma. Teresa Gustilo-Villasor of the Metropolitan Psychological Corporation (MPC), states in part: I. INTELLECTUAL/COGNITIVE CHARACTERISTICS SUMMARY OF INTELLECTUAL/COGNITIVE CHARACTERISTICS 1. FFJ can draw from above average intellectual resources to cope with everyday demands. He is able to handle both concrete and abstract requirements of tasks. Alert to details, he has a logical approach in evaluating the relationship between things and ideas. 2. He thrives in predictable and structured situations, where he can consider solid facts to arrived (sic)at concrete, tangible outcomes. Task-oriented, he can organize procedures and details so as to get things done correctly and on schedule. He uses conventional standards to determine personal progress. Set in his views, he may not readily accept others ideas and contributions especially if these oppose his own. 3. A serious and thorough approach to his commitments is expected of FFJ. Generally, he prefers to control his emotions and does not let this get in the way of his judgment and decisions. II. EMOTIONAL/INTERPERSONAL CHARACTERISTICS FFJ is motivated by the need to be recognized and respected for his undertakings. Achievement-oriented, he sets high personal standards and tends to judge himself and others according to these standards. When things do not develop along desired lines, he may become restless and impatient. Nevertheless, he is careful of his social stature and can be expected to comply with conventional social demands. 109
Testifying as one of Judge Floros witnesses, Rowena A. Reyes opined on cross-examination that "psychologically speaking," Judge Floro was not fit to be a judge. Thus: JUDGE AQUINO: Q: Now, that we are telling you that Judge Floro based on his testimony here and on every available records of the proceedings, has been claiming that he [is] possessed with Psychic Powers and he did not tell you that in the interview. Would you consider his failure to tell you about his Psychic Powers to be a fatal [flaw]? x x x x A: Yes, Sir. Q: Very grave one, because it will affect the psychological outlook of the patient? A: Yes, Sir. x x x x Q: I tell you now, Judge Floro has been claiming in [these] proceedings and you were here when we were cross-examining Mr. Licaoco and you heard that we mentioned in the course of our cross- examination. Would you consider his failure to tell you about his power of by location to be a fatal [flaw] and your assessment of his psychological outlook? x x x x A: Yes, Sir. Q: Fatal [flaw]? A: Yes, Sir. Q: Did Judge Floro tell you also in the course of the interview that he is capable of being in a trance? A: He did not. Q: So, he did not tell you that while in a trance he could type letters? A: He did not. x x x x Q: And reality oriented and a reality oriented person is one who will not be pronouncing or making pronouncement concerning his psychic powers. Is this not correct? x x x x A: Yes sir. Q: A reality oriented person is also one who will not claim that he is capable of having trances in the course of his private activities and even in the course of the performance of his official duty as a Judge. Will you not agree with that? A: I agree with you, Sir. Q: And if he will do so, he will not be actually a reality oriented person. Meaning tatagalugin ko na po nakukuha naman "na ako ay psychic, na ako ay pwedeng ipower ng by location, na kaya kong mag trance. Gumawa pa ng ibat iba pang bagay at the same time." Yan ay hindi compatible sa pagiging reality oriented? A: Yes, Sir. Q: And a person who is not reality oriented is not fit to sit as a Judge. x x x x Q: I will add the phrase Psychologically speaking. x x x x A: Yes, Sir. 110
Another psychiatrist, Pacita Ramos-Salceda, M.D., Senior Consultant Psychiatrist of the Makati Medical Center, stated in her report dated 3 September 1998 that at the time of the interview Judge Floro [W]as enthusiastic and confident. He is well informed about current issues, able to discuss a wide variety of topics intelligently without hesitation. His thinking is lucid, rational, logical and reality based. He is well oriented, intelligent, emotionally stable, with very good judgment. There is no previous history of any psychological disturbances. 111
This was followed by the evaluation of Eduardo L. Jurilla, M.D., dated September 1998, who stated in his report that Atty. Floro is an asthenic, medium height, fairly groomed, be-spectacled person with graying hair. When interviewed he was somewhat anxious, elaborative and at times approximate in his answers. He was alert, oriented, conscious, cooperative and articulate in Pilipino and English. He denied any perceptual disturbances. Stream of thought was logical and goal-directed. There was pressure of speech with tendency to be argumentative or defensive but there were no flight of ideas, thought blocking, looseness of associations or neologisms. Delusions were not elicited. Affect was broad and appropriate but mood was anxious. There were no abnormal involuntary movements or tics. Impulse control is good. Cognition is intact. Judgment, insight, and other test for higher cortical functions did not reveal abnormal results. Comments: The over-all results of this psychiatric evaluation of Atty. Florentino V. Floro, Jr. do not contradict his nomination and appointment to the post he is seeking. 112
On the witness stand, however, and testifying as Judge Floros witness, Dr. Jurilla clarified that the interview had its limitations 113 and he might have missed out certain information left out by his patient. 114 The following exchange is thus instructive: JUDGE AQUINO: x x x. Did Judge Floro tell you in the interview that he has little unseen, unheard friends known as duwendes? DR. JURILLA: He did not. x x x x Q: Did you interview Judge Floro or did he [volunteer] to you information about his claim to be the number five psychic in the country? x x x x A: No, Your Honor. Q: He did not tell you also that he is gifted also with this so called, psychic phenomena? A: He did not. x x x x Q: He did not tell you also that in [traveling] from one place to another, at least four (4) kilometers apart, he used to ride on a big white or whatever it is, horse? A: Not during our interview. x x x x A: It is possible like any other psychiatrist or mental health doctor you might have missed some information or it is possible that our clients or patients might not [have] told us everything. Q: And if your clients or patients did not tell you things such as those that Judge Floro did not admittedly tell you in the course of the interview, your opinion of the patient would be altered a little? x x x x A: The answer has something to do whether my evaluation may be altered. Yes, Your Honor in the absence of any corroborative contradiction. Q: More so, if the presence of confirming events that transpired after the interview, would that be correct? A: The interview has its limitations. Q: Let us say, what Judge Floro did [not] tell you during the interview are confirmed by events that transpired after the interview, would you not say you have more reason to have your evaluation altered? A: Yes. Q: Especially so if you will now know that after that interview Judge Floro has been proclaiming himself as the number five psychic in the country [where] no one has called him as a psychic at all? x x x x Q: Would it be really more altered? A: I would say so. x x x x Q: Returning to the confirming proofs, meaning after the interview, which are confirmations of what Judge Floro did not tell you during the interview, would your finding of [J]udge Floro be drastically altered if he will tell you that he is capable or possessed of the power of bilocation? x x x x A: I would probably try to for a diagnosis. Q: Which may make a drastic alteration of your evaluation of Judge Floros mental and psychological x x x? A: My diagnosis I will be seeking for an abnormal condition. Q: When you said abnormal something would have made you suspect that there was abnormality in the person of Judge Floro? A: Given the data. Q: We will give you the data or additional information. Would you also have your evaluation favorable to Judge Floro drastically altered if I tell you that based on record Judge Floro has claimed that while in a trance he is capable of typing a letter? x x x x A: If there is data toward that effect prior to September 1998, probably drastically altered. 115
Lastly, Judge Floro presented the psychiatric evaluation of Eduardo T. Maaba, M.D., 116 dated 3 January 2001, the relevant portions of which state: Affect was adequate and no mood incongruity was observed. Content of thought did not reveal delusional thought. He was proud of his achievements in line with his profession and expressed his frustration and dissatisfaction with the way his colleagues are handling his pending administrative cases. He was observed to be reality-oriented and was not suffering from hallucinations or abnormal perceptual distortions. Orientation, with respect to time, place and person, was unimpaired. Judgment and decision-making capacity were adequately functioning. x x x x An open-ended clinical interview was conducted at our clinic on December 26, 2000. He talked about his family and academic achievements. He claimed to possess a divine gift for prophecy and a gift of healing. He also talked about a "covenant" made during a dream between him and 3 dwarf friends named Luis, Armand and Angel. He reported that the first part of his ministry is to cast illness and/or disease and the second part is to heal and alleviate sufferings/pain from disease. A series of psychological test was administered to Judge Floro on December 28, 2000. The battery of test consisted of the following: (1) Otis-Lennon Mental Ability Test (2) SRA Language Test (3) Purdue Non-Language Test (4) Sacks Sentence Completion Test and (5) Draw A Person Test. Test results and evaluation showed an individual with an Above Average Intelligence. Projective data, showed an obsessive-compulsive person who is meticulous to details and strive for perfection in tasks assigned to him. He is reality-oriented and is deemed capable of making day-to-day decisions in his personal as well as professional decisions. Confusion with regard to sexual identification, was further observed. Based on the clinical observation and the results of the psychological tests, respondent Judge Florentino V. Floro, Jr., was found to be a highly intelligent person who is reality-oriented and is not suffering from any major psychotic disorder. He is not deluded nor hallucinated and is capable of utilizing his superior intellect in making sound decisions. His belief in supernatural abilities is culture- bound and needs further studies/work-ups. On cross-examination by Judge Aquino, however, Dr. Maaba also stated that Judge Floro was unfit to be a judge. 117 The relevant exchanges between Dr. Maaba and Judge Aquino are hereunder reproduced: JUDGE AQUINO: And would you say that something is wrong with a judge who shall claim that he is possessed with power of [bi-location]? x x x x DR. MAABA: A reality-oriented individual would not claim to be in two (2) places at one time. Q: And that something must be wrong? A: Yes. Q: Okay. Would you say that something is wrong also with a judge claiming in the course of his testimony and in this very case that while [he] was so testifying there is another spirit, another person, another character unseen who is with him at the same time or in tagalog "sumapi sa kanya". x x x x A: The observation that Judge Floro had unseen companion "sumapi" to me is unbelievable. Q: Unbelievable. And anyone claiming it might be suffering from some delusion? x x x x A: It could be and it could not be considered as perceptual distortion, your Honor. Q: No, Delusion. A: Delusions, no, but Hallucinations, maybe yes. Q: Ah, Hallucination, and which maybe worse? A: Both are on the same footing. Q: Okay. Would you say that the person declaring in a proceeding as a witness about hallucinatory matters would turn out to be fit to become a judge? x x x x A. If these delusions or hallucinations are part and parcel of a major psychiatric disorder like schizophrenia or an organic mental disorder, this individual suffering from hallucinations or delusions is unfit to sit as a judge, however, there is, this symptom might also exi[s]t in a non-psychotic illness and the hallucinations and delusions could be transient and short in duration. Q: But of doubtful capacity to sit as a judge? A: Yes, doubtful capacity. Q: Now, trance is something covered by the field of which you are practicing with psychiatry. A: Yes. Q: Would you consider a person claiming in the course of a judicial, quasi-judicial or administrative proceedings particularly in the course of his testimony that while he was doing so, he was under trance normal. x x x x A: Let me explain the phenomenon of trance it is usually considered in the Philippines as part of a culture bound syndrome and it could also be an indication Basically the phenomenon of trance are often seen in cases of organic mental disorder. It is also common in culture bound syndrome and the effect of person is usually loss of concentration in a particular settings or situations so that a person or a judge hearing a case in court would [lose] concentration and would not be able to follow up testimony of witnesses as well as arguments given by the counsel for the defense and also for the prosecution, so I would say that there is this difficulty in manners of attention span and concentration if that person sitting as a judge experience trance as in the case of Judge Floro, this trance is manifested by flashing of lights and he might not be able to rationalize or to control expressions or as well as physical when he is in a trance. Q: Have you heard of a judge claiming that in the course of a proceeding, he was in a trance? A: No, I have not encountered any. Q: And if you hear one and will be shown records of one maybe such claim you will call that person not a normal person. A: Maybe weird. Q: I will now show to you portions of the stenographic notes of the proceedings in these cases held on October 10, 2000, afternoon session, page 30 we start with the question of Atty. Dizon. "Atty. Dizon: Mr. witness, can you tell us? Are you in trance at this very precise moment? JUDGE FLORO, JR.: "Nakalakip sila". I call it a trance, but I distinguished not the trance that you see the nag-sa- Sto., Nino, naninigas. Thats a trance that is created by the so called Because Fr. Jaime Bulatao, multi awarded Jesuit priest, considered that as mind projection. He is correct in a sense that those nagta-trance na yan, naninigas, the mind projection or the hypnosis do come, and there is a change in the psychological aspect of the person. But in my case I never was changed physically or mentally. Only the lights and heat will penetrate that person. ATTY. DIZON: That will do. So at this very moment, Mr. witness, "meron kayong kalakip ngayon?"" "Ngayong oras na ito?" JUDGE FLORO: Yes, they are here. Atty. DIZON: Where are they? Judge Floro, Jr.: They cannot be seen but ATTY. DIZON: No, can you see them?" To point to us where are they in this room?", Now that you have read and seen this portion wherein Judge Floro himself admitted that in the course of his testimony in these cases he was in a trance, would you still consider him at least insofar as this claim of his to be a normal person? A: No. Q: No, okay, so he is not normal. Now, Judge Floro in these proceedings also and I will show to you the transcript of stenographic notes later have claimed that he had, always had and still had a so called counter part, his other side, other self, what can you say to that claim, would that be the claim of a normal, mental sound person? A: No. Q: And one who is not normal and mentally sound is of course not fit to sit as judge? x x x x A: Yes. 118
Based on the foregoing, the OCA, thru Justice Ramirez, reported that: Upon the testimony of his own witnesses, Drs. Eduardo T. Maaba, Ma. Nieves Celeste and Eduardo L. Jurilla, respondent Judge Florentino V. Floro, Jr. is unfit because of insanity to remain in office as Judge of the Regional Trial Court, National Capital Judicial Region, Malabon, Metro Manila, Branch 73. It is weird for respondent Judge to state in one of his pleadings in this case that President Estrada would not finish his term as President. It is unusual and queer of him to state in his calling card that he is a graduate of Ateneo de Manila, second honors, bar topnotcher with a grade of 87.55% and include in his address the name Colonel Reynaldo Cabauatan who was involved in a coup detat attempt. So is it strange of him to make use of his alleged psychic powers in writing decisions in the cases assigned to his court. It is improper and grandiose of him to express superiority over other judges in the course of hearings he is conducting and for him to say that he is very successful over many other applicants for the position he has been appointed. It is abnormal for a Judge to distribute self-serving propaganda. One who distributes such self-serving propaganda is odd, queer, amusing, irresponsible and abnormal. A judge suffering from delusion or hallucination is unfit to be one. So is he who gets into a trance while presiding at the hearing of a case in court. One need not be a doctor of medicine, a psychiatrist and a psychologist to determine and conclude that a person in such circumstances is mentally unfit or insane and should not be allowed to continue discharging the duties and functions of a judge. The life, liberty and property of the litigants in the court presided by such judge are in his hands. Hence, it is imperative that he is free from doubt as to his mental capacity and condition to continue discharging the functions of his office. RECOMMENDATION WHEREFORE, it is respectfully recommended that by reason of insanity which renders him incapable and unfit to perform the duties and functions of Judge of the Regional Trial Court, National Capital Judicial Region, Malabon, Metro Manila, Branch 73, respondent Florentino V. Floro, Jr. be REMOVED and DISMISSED from such office. 119
We are in agreement with the OCA that Judge Floro cannot remain as RTC Judge because of the findings of mental impairment that renders him unfit to perform the functions of his office. We hasten to add, however, that neither the OCA nor this Court is qualified to conclude that Judge Floro is "insane" as, in fact, the psychologists and psychiatrists on his case have never said so. When Justice Ramirez recommended that Judge Floro be dismissed from the service due to "insanity," he was apparently using the term in its loose sense. Insanity is a general laymans term, a catchall word referring to various mental disorders. Psychosis is perhaps the appropriate medical term 120 as this is the one used by Drs. Vista and Villegas of the Supreme Court Clinic. It is of note that the 1995, 1998 and 2000 psychological evaluations all reported signs and symptoms of psychosis. Courts exist to promote justice; thus aiding to secure the contentment and happiness of the people. 121 An honorable, competent and independent judiciary exists to administer justice in order to promote the stability of government, and the well-being of the people. 122 Carrying much of the weight in this daunting task of administering justice are our front liners, the judges who preside over courts of law and in whose hands are entrusted the destinies of individuals and institutions. As it has been said, courts will only succeed in their tasks if the judges presiding over them are truly honorable men, competent and independent. 123
There is no indication that Judge Floro is anything but an honorable man. And, in fact, in our disposition of the 13 charges against him, we have not found him guilty of gross misconduct or acts or corruption. However, the findings of psychosis by the mental health professionals assigned to his case indicate gross deficiency in competence and independence. Moreover, Judge Floro himself admitted that he believes in "psychic visions," of foreseeing the future because of his power in "psychic phenomenon." He believes in "duwendes" and of a covenant with his "dwarf friends Luis, Armand and Angel." He believes that he can write while on trance and that he had been seen by several people to have been in two places at the same time. He has likened himself to the "angel of death" who can inflict pains on people, especially upon those he perceived as corrupt officials of the RTCs of Malabon. He took to wearing blue robes during court sessions, switching only to black on Fridays. His own witness testified that Judge Floro explained that he wore black from head to foot on Fridays to recharge his psychic powers. Finally, Judge Floro conducted healing sessions in his chambers during his break time. All these things validate the findings of the Supreme Court Clinic about Judge Floros uncommon beliefs and that such beliefs have spilled over to action. Lest we be misconstrued, we do not denigrate such belief system. However, such beliefs, especially since Judge Floro acted on them, are so at odds with the critical and impartial thinking required of a judge under our judicial system. Psychic phenomena, even assuming such exist, have no place in a judiciary duty bound to apply only positive law and, in its absence, equitable rules and principles in resolving controversies. Thus, Judge Floros reference to psychic phenomena in the decision he rendered in the case of People v. Francisco, Jr. 124 sticks out like a sore thumb. In said decision, Judge Floro discredited the testimony of the prosecutions principal witness by concluding that the testimony was a "fairytale" or a "fantastic story." 125 He then went to state that "psychic phenomena" was destined to cooperate with the stenographer who transcribed the testimony of the witness. The pertinent portion of Judge Floros decision is quoted hereunder: 3. The testimony of the prosecutions PRINCIPAL witness (sole eyewitness of the incident) NORMANDY is INCREDIBLE, is full of inconsistencies (major and not regarding minor points), ergo, the court concludes that due to several indicia of fraud/perjury (flagrant/palpable deception of the Court), his testimony is not worthy of belief, assuming ex-gratia argumenti, that the same may be admissible, and his Court narrative is hereby declared a FAIRY TALE or a FANTASTIC STORY of a crime scene that is acceptable only for SCREEN/cinematic viewing. The following details, are proof of the foregoing conclusion: a.) NORMANDY swore that he, Ponciano Ineria and Raul Ineria were "sinalubong" by Lando/accused on June 21, 1987 at 2:30 a.m. at alley Wesleyan/Tangos, Navotas, and that he saw the "nagpambuno" between Raul and Ando, and that HE SAW P. INERIA dead, but HE WAS NO LONGER THERE, but he still saw the "nagpambuno"; MORE IMPORTANTLY, he SWORE that HE NOTICED the ACCUSED P. Francisco THE FOLLOWING DAY; b.) The foregoing verily demonstrate his 11th HOUR CONCOCTION (Big Lie, having been asked to submit false testimony); for how could have he witnessed the stabbing by accused when he NOTICED him the following day? (TSN dated May 2, 1995, pp. 1-2); assuming arguendo that the TSN was incorrect due to typographical error, or maybe the Court Stenographer III Eloisa B. Domingo might have been SLEEPING during the testimony, so that the word DAY should have been corrected to another word SUITABLE to Normandys FAIRY TALE, still, the Court had synthesized the entire NARRATIVE of Normandy, but the Court found no reason that the seeming error DAY should be corrected; the Courts sole/remaining conclusion is that EVEN the STENOGRAPHIC NOTES cooperated by PSYCHIC PHENOMENA perhaps of FOR SURE, in having BEEN DESTINED to be FATEFULLY INSCRIBED WITH THE WORDS FOLLOWING DAY (line 3, p. 3 TSN, id.) 126 (Emphasis supplied) In State Prosecutors v. Muro 127 we held that What is required on the part of judges is objectivity. An independent judiciary does not mean that judges can resolve specific disputes entirely as they please. There are both implicit and explicit limits on the way judges perform their role. Implicit limits include accepted legal values and the explicit limits are substantive and procedural rules of law. 128
The judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight-errant, roaming at will in pursuit of his own ideal of beauty or goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinate to the "primordial necessity of order in the social life." 129
Judge Floro does not meet such requirement of objectivity and his competence for judicial tasks leaves much to be desired. As reported by the Supreme Court Clinic: Despite his impressive academic background and achievements, he has lapses in judgment and may have problems with decision-making. His character traits such as suspiciousness and seclusiveness and preoccupation with paranormal and psychic phenomena though not detrimental to his role as a lawyer, may cloud his judgment, and hamper his primary role as a judge in dispensing justice. x x x 130
Judge Floros belief system, as well as his actuations in the eight months that he served as RTC judge, indubitably shows his inability to function with the cold neutrality of an impartial judge. Verily, Judge Floro holds an exalted position in our system of government. Thus: Long before a man dons the judicial robes, he has accepted and identified himself with large components of the judges role. Especially if he has aspired to a judges status, he is likely to have conducted himself, more or less unconsciously, in the fashion of one who is said to have "the judicial temperament." He is likely to have displayed the kinds of behavior that the judges role demands. A large proportion of his experiences on the bench develop and reinforce such conformity, moreover. The ritualistic elements of investiture and of court procedure, the honorific forms of address, and even the imposing appearance of some court buildings serve to emphasize the demands upon his behavior. Even the most unscrupulous former ambulance chaser who owes his position to a thoroughly corrupt political organization must conform at least in part to the behaviors expected of him as a judge. 131
The expectations concerning judicial behavior are more than those expected of other public officials. Judges are seen as guardians of the law and they must thus identify themselves with the law to an even greater degree than legislators or executives. 132
As it has been said, "[j]udges administer justice judicially, i.e., not according to some abstract ideas of right and justice, but according to the rules laid down by society in its Code of Laws to which it gives its sanctions. The function of the judge is primarily adjudication. This is not a mechanical craft but the exercise of a creative art, whether we call it legislative or not, which requires great ability and objectivity." 133 We, thus, quote Justice Frankfurter, in speaking of the functions of the Justices of the Supreme Court of the United States: To practice the requisite detachment and to achieve sufficient objectivity no doubt demands of judges the habit of self-discipline and self-criticism, incertitude that ones own views are incontestable and alert tolerance toward views not shared. But these are precisely the presuppositions of our judicial process. They are precisely the qualities society has a right to expect from those entrusted with judicial power. x x x x The judicial judgment must move within the limits of accepted notions of justice and is not to be based upon the idiosyncrasies of a merely personal judgment. 134
In fine, Judge Floro lacks the judicial temperament and the fundamental requirements of competence and objectivity expected of all judges. He cannot thus be allowed to continue as judge for to do so might result in a serious challenge to the existence of a critical and impartial judiciary. Equitable considerations entitle Judge Floro backwages and other economic benefits for a period of three (3) years. In retrospect, we are forced to say that Judge Floro should not have joined the judiciary as RTC judge. However, we have assiduously reviewed the history of this case and we cannot hold anyone legally responsible for such major and unfortunate faux pas. Judge Floro did not breach any rule of procedure relative to his application for judgeship. He went through the entire gamut of tests and interviews and he was nominated by the JBC on the strength of his scholastic achievements. As to having failed the psychological examinations given by the SC Clinic, it must be pointed out that this was disregarded by the JBC upon Judge Floros submission of psychiatric evaluations conducted by mental health professionals from the private sector and which were favorable to him. Nowhere is it alleged that Judge Floro acted less than honorably in procuring these evaluations. The JBC in 1999 had all the discretion to refer Judge Floro to a private clinic for a second opinion of his mental and psychological fitness. In performing its functions, the JBC had been guided primarily by the Constitution which prescribes that members of the Judiciary must be, in addition to other requirements, persons of proven competence, integrity, probity and independence. 135 It was only on 18 October 2000 when it promulgated JBC-009, the "Rules of the Judicial and Bar Council," that the JBC put down in writing guidelines or criteria it had previously used in ascertaining "if one seeking such office meets the minimum constitutional qualifications and possesses qualities of mind and heart expected of the Judiciary." 136 Rule 6 thereof states: SECTION 1. Good health. Good physical health and sound mental/psychological and emotional condition of the applicant play a critical role in his capacity and capability to perform the delicate task of administering justice. x x x SEC. 2. Psychological/psychiatric tests. The applicant shall submit to psychological/psychiatric tests to be conducted by the Supreme Court Medical Clinic or by a psychologist and/or psychiatrist duly accredited by the Council. It would seem that as things stood then, the JBC could very well rely on the evaluation of a private psychologist or psychiatrist not accredited by the JBC. Thus, the JBC cannot be faulted for accepting the psychological evaluations of mental health professionals not affiliated with the Supreme Court Clinic. It goes without saying that Judge Floros appointment as RTC judge is fait accompli. What awaits us now is the seemingly overwhelming task of finding the PROPER, JUST AND EQUITABLE solution to Judge Floros almost seven years of suspension in the light of the fact that the penalty imposed herein does not merit a suspension of seven years. Verily, the Supreme Court is vested with the power to promulgate rules concerning pleading, practice and procedure in all courts. 137 The Constitution limits this power through the admonition that such rules "shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights." 138
Rule 140 of the Rules of Court outlines the procedure to be followed in administrative cases against judges. Glaringly, Rule 140 does not detail the steps to be taken in cases when the judge is preventively suspended pending investigation. This is the state of things even after its amendment by A.M. No. 01-8-10-SC which took effect on 1 October 2001. The Supreme Courts power to suspend a judge, however, is inherent in its power of administrative supervision over all courts and the personnel thereof. 139 This power -- consistent with the power to promulgate rules concerning pleading, practice and procedure in all courts -- is hemmed in only by the Constitution which prescribes that an adjective law cannot, among other things, diminish, increase or modify substantive rights. The resolution of 20 July 1999 which put Judge Floro under preventive suspension resolved to: (1) DIRECT Judge Florentino V. Floro, Jr. to answer the foregoing charges against him within ten (10) days from notice; (2) REFER this case to Retired Justice Pedro Ramirez, Consultant, Office of the Court Administrator for investigation, report and recommendation, within sixty (60) days from receipt of the records thereof; (3) SUBJECT Judge Florentino V. Floro, Jr. for appropriate psychological or mental examination to be conducted by the proper office of the Supreme Court or any duly authorized medical and/or mental institution. Moreover, the Court RESOLVED to place Judge Florentino Floro, effective immediately under PREVENTIVE SUSPENSION for the duration of the investigation of the administrative charges against him. 140
As can be gleaned from the above-quoted resolution, Judge Floros suspension, albeit indefinite, was for the duration of the investigation of the 13 charges against him which the Court pegged at 60 days from the time of receipt by the investigator of the records of the case. Rule 140, as amended, now states that "(t)he investigating Justice or Judge shall terminate the investigation within ninety (90) days from the date of its commencement or within such extension as the Supreme Court may grant" 141 and, "(w)ithin thirty (30) days from the termination of the investigation, the investigating Justice or Judge shall submit to the Supreme Court a report containing findings of fact and recommendation." 142
From the foregoing, the rule now is that a Judge can be preventively suspended not only for the entire period of his investigation which would be 90 days (unless extended by the Supreme Court) but also for the 30 days that it would take the investigating judge or justice to come up with his report. Moreover, the Court may preventively suspend a judge until such time that a final decision is reached in the administrative case against him or her. 143 This is because [U]nlike ordinary civil service officials and employees, judges who are charged with a serious offense warranting preventive suspension are not automatically reinstated upon expiration of the ninety (90)- day period, as mandated above. The Court may preventively suspend a judge until a final decision is reached in the administrative case especially where there is a strong likelihood of his guilt or complicity in the offense charged. Indeed, the measure is intended to shield the public from any further damage or wrongdoing that may be caused by the continued assumption of office by the erring judge. It is also intended to protect the courts image as temples of justice where litigants are heard, rights and conflicts settled and justice solemnly dispensed. This is a necessary consequence that a judge must bear for the privilege of occupying an exalted position. Among civil servants, a judge is indeed in a class all its own. After all, in the vast government bureaucracy, judges are beacon lights looked upon as the embodiment of all what is right, just and proper, the ultimate weapons against justice and oppression. 144
In the case of Judge Floro, he is under preventive suspension up to the present because of the serious charge of mental unfitness aggravated by the fact that the actual investigation into his cases dragged on for a much longer period than 90 days. And the reasons for the delay, for the most part, can be directly ascribed to Judge Floro himself. From the records, it would seem that not only did Judge Floro move for several re-settings of the hearings of his cases; he likewise dragged his feet with respect to the order to submit himself to the appropriate psychological/mental examination. Worse, what started out as single case against him ballooned into 10 cases which were consolidated into one due to common questions of fact and law. 145 All in all, Judge Floro filed seven cases against those he perceived had connived to remove and/or suspend him from office, the last of which he filed on 19 May 2003 against Justice Ramirez. 146
Be that as it may, EQUITY demands that we exercise utmost compassion in this case considering that the rules on preventive suspension of judges, not having been expressly included in the Rules of Court, are amorphous at best. We have ruled similarly in the case of Judge Philbert Iturralde, thus: Be that as it may, we cannot in conscience hold that a judge who was placed under preventive suspension pending investigation is not entitled to the payment of back salaries, allowances and other economic benefits for the entire duration of the preventive suspension. The inequity of the doctrine as applied to judges is clearly apparent, given the peculiar circumstance in which a judge finds himself preventively suspended by the Court "until further orders". In this case, Judge Iturralde was preventively suspended for 13 months, during which period he was not paid his salaries, allowances and other benefits. Except for a teaching job that the Court permitted him to undertake pending resolution of the administrative case, Judge Iturralde had no other source of income. He thus incurred several loans to provide for his familys basic needs. It would thus be unjust to deprive Judge Iturralde of his back salaries, allowances and other economic benefits for the entire period that he was preventively suspended. As we have said in Gloria v. Court of Appeals, preventive suspension pending investigation is not a penalty but only a measure intended to enable the disciplining authority to conduct an unhampered formal investigation. We held that ninety (90) days is ample time to conclude the investigation of an administrative case. Beyond ninety (90) days, the preventive suspension is no longer justified. Hence, for purposes of determining the extent of back salaries, allowances and other benefits that a judge may receive during the period of his preventive suspension, we hold that the ninety-day maximum period set in Gloria v. Court of Appeals, should likewise be applied. Concededly, there may be instances when an investigation would extend beyond ninety (90) days and such may not be entirely unjustified. Nevertheless, we believe that in such a situation, it would be unfair to withhold his salaries and other economic benefits for the entire duration of the preventive suspension, moreso if the delay in the resolution of the case was not due to his fault. Upon being found innocent of the administrative charge, his preventive suspension exceeding the ninety-day (90) period actually becomes without basis and would indeed be nothing short of punitive. It must be emphasized that his subsequent acquittal completely removed the cause for his preventive suspension in the first place. Necessarily, therefore, we must rectify its effects on just and equitable grounds. 147
Taking off from the case of Judge Iturralde, we hold that Judge Floro is likewise entitled to the payment of back salaries, allowances and other economic benefits being at the receiving end of a rule peculiar to judges who find themselves preventively suspended by the Court "until further orders" or, as this case, "for the duration of the investigation." Judge Iturraldes suspension of 13 months even pales in comparison to Judge Floros suspension of 81 months, more or less. During this entire excruciating period of waiting, Judge Floro could not practice his profession, thus putting him solely at the mercy of his brothers largesse. And, though he was given donations by those who came to him for healing, obviously, these could not compensate for his loss of income as Judge. Unlike the case of Judge Iturralde, however, wherein we held that the period of suspension exceeding 90 days should be the basis for the payment of back salaries, we hold that, as a matter of equity, Judge Floro is entitled to back salaries, allowances and other economic benefits for a period corresponding to three of his almost seven years suspension. We cannot apply the ruling in Gloria that any suspension served beyond 90 days must be compensated as we would be, in effect, rewarding Judge Floros propensity to delay the resolution of his case through the indiscriminate filing of administrative cases against those he perceived connived to oust him out of office. In Judge Iturraldes case, the investigation was not delayed through any fault of his. More importantly, Judge Iturralde was ultimately held innocent, thus, using by analogy Gloria v. Court of Appeals, his suspension in excess of 90 days was already in the nature of a penalty which cannot be countenanced precisely because, being innocent, he cannot be penalized. Judge Floro, on the other hand, and as already discussed, contributed to the delay in the investigation of his cases. Moreover, unlike Judge Iturralde, Judge Floro has not been adjudged innocent of all the 13 charges against him. These facts, however, as we have already discussed, do not put Judge Floro beyond the reach of equity. To paraphrase Justice Brandeis, equity does not demand that its suitors are free of blame. As we are wont to say: Equity as the complement of legal jurisdiction seeks to reach and do complete justice where courts of law, through the inflexibility of their rules and want of power to adapt their judgments to the special circumstances of cases, are incompetent so to do. Equity regards the spirit of and not the letter, the intent and not the form, the substance rather than the circumstance, as it is variously expressed by different courts. 148
In fine, notwithstanding the fact that Judge Floro is much to blame for the delay in the resolution of his case, equitable considerations constrain us to award him back salaries, allowances and other economic benefits for a period corresponding to three years. This is because Judge Floros separation from the service is not a penalty as we ordinarily understand the word to mean. It is imposed instead upon Judge Floro out of necessity due to a medically disabling condition of the mind which renders him unfit, at least at present, to continue discharging the functions of his office. The period of three years seems to us the most equitable under the circumstances. As discussed, if we were to give him more than three years of back salaries, etc., then it would seem that we are rewarding him for his role in delaying the resolution of these cases (as well as the seven cases he filed which were only dismissed on 14 February 2006 at his own bidding). On the other hand, if we were to peg the period at less than three years then the same would only be a pittance compared to the seven years suspension he had to live through with Damocles sword hanging over his head and with his hands bound as he could not practice his profession. Judge Floros separation from the service moots the case against him docketed as A.M. No. 99-7- 273-RTC (Re: Resolution Dated 11 May 1999 Of Judge Florentino V. Floro, Jr.) A.M. No. RTJ-06- 1988 (Luz Arriego v. Judge Florentino V. Floro, Jr.), on the other hand, is dismissed for lack of merit. A.M. No. 99-7-273-RTC It cannot be gainsaid that Judge Floros separation from the service renders moot the complaint in A.M. No. 99-7-273-RTC. As it is, even the most favorable of resolutions in this case will not cause a ripple on the Courts decision to separate Judge Floro from the service. Thus, this charge is dismissed for being moot and academic. A.M. No. RTJ-06-1988 Considering that this case is a replica of charge "h" in A.M. No. RTJ-99-1460 and considering that charge "h" is without basis, this particular complaint filed by Luz Arriego must necessarily be dismissed for lack of merit. Judge Floros separation from the service does not carry with it forfeiture of all or part of his accrued benefits nor disqualification from appointment to any other public office including government-owned or controlled corporations. As Judge Floros separation from the service cannot be considered a penalty, such separation does not carry with it the forfeiture of all or part of his accrued benefits nor disqualification from appointment to any other public office including government-owned or controlled corporations. In fact, the psychological and psychiatric reports, considered as the bedrock of the finding of mental impairment against Judge Floro, cannot be used to disqualify him from re-entering government service for positions that do not require him to dispense justice. The reports contain statements/findings in Judge Floros favor that the Court cannot overlook in all fairness as they deserve equal consideration. They mention Judge Floros assets and strengths and capacity for functionality, with minor modification of work environment. Thus: a. High intellectual assets as a result of "self-discipline and self- organization." 149
b. "(I)mpressive academic achievements" with "no drastic change in his personality and level of functioning as a lawyer in private practice." 150
c. "(C)haracter traits of suspiciousness, seclusiveness, pre-occupation with paranormal and psychic phenomena not detrimental to his role as a lawyer." 151
d. "Everyday situations can be comprehended and dealt with in moderate proficiency . His concern for the details that make up a total field represents his attempts at being systematic and cautious." 152
e. "(E)quipped with analytical power." 153
Consequently, while Judge Floro may be dysfunctional as a judge because of the sensitive nature of said position, he may still be successful in other areas of endeavor. Putting all of the above in perspective, it could very well be that Judge Floros current administrative and medical problems are not totally of his making. He was duly appointed to judgeship and his mental problems, for now, appear to render him unfit with the delicate task of dispensing justice not because of any acts of corruption and debasement on his part but clearly due to a medically disabling condition. Finally, if Judge Floros mental impairment is secondary to genetics 154 and/or adverse environmental factors (and, unfortunately, such essential information is not available), we cannot condemn people for their faulty genes and/or adverse environment factors they have no control over. WHEREFORE, premises considered, the Court resolves to: 1) FINE Judge Florentino V. Floro, Jr. in the total amount of FORTY THOUSAND (P40,000.00) PESOS for seven of the 13 charges against him in A.M. No. RTJ-99-1460; 2) RELIEVE Judge Florentino V. Floro, Jr. of his functions as Judge of the Regional Trial Court, Branch 73, Malabon City and consider him SEPARATED from the service due to a medically disabling condition of the mind that renders him unfit to discharge the functions of his office, effective immediately; 3) As a matter of equity, AWARD Judge Florentino V. Floro, Jr. back salaries, allowances and other economic benefits corresponding to three (3) years; 4) DISMISS the charge in A.M. No. RTJ-06-1988 (Luz Arriego v. Judge Florentino V. Floro, Jr.) for LACK OF MERIT; and 5) DISMISS the charge in A.M. No. 99-7-273-RTC (Re: Resolution Dated 11 May 1999 Of Judge Florentino V. Floro, Jr.) for MOOTNESS. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC
G.R. No. L-33508 May 25, 1973 LEON UMALE, petitioner, vs. HONORABLE ONOFRE VILLALUZ, HONORABLE BENJAMIN AQUINO, PEOPLE OF THE PHILIPPINES, EDUARDO FELICIANO, ANTONIO DAVID, CECILIO CHICO, BENJAMIN ESCANDOR, ROLANDO SAMSON, and ALFONSO CO, respondents. Salonga, Ordoes, Yap, Parlade, & Associates for petitioner. Jose W. Diokno for respondents Alfonso Co. Noel Ramal Salaysay for respondent Benjamin Escandor and Rolando Samson.
MAKASIAR, J .: Petitioner Leon Umale impugns the validity of the order dated April 15, 1971 of respondent Judge Onofre A. Villaluz of the Circuit Criminal Court sitting at Pasig, Rizal, disqualifying or inhibiting himself from trying the robbery charge against sixteen (16) accused including the six (6) herein private respondents Eduardo Feliciano, Antonio David, Virgilio Chico, Benjamin Escandor, Rolando Samson, and Alfonso Co, entitled "People vs. Marina Geronimo, et al." and docketed as CCC-VII- 660-Rizal. Petitioner Leon Umale is the complainant in the said robbery case, the robbery having been allegedly committed on September 21, 1970 in his warehouse in Pasig, Rizal from which were assorted textile materials valued at P229,659.904. The original information was dated January 11, 1971, while the first amended information was dated March 4, 1971. The case was filed by the acting state prosecutor, who conducted the preliminary investigation directly with the Circuit Criminal Court presided by respondent Judge Onofre A. Villaluz, who from January 19 to April 12, 1971, issued several orders for the arrest of the accused, fixing their bail bonds, allowing an accused to post cash or surety bond for his provisional liberty, for their arraignment, or for their commitment to the provincial jail, as well as issued subpoena duces tecum and contempt citations against certain police officers who failed to appear on the days set for hearing. However, on April 15, 1971, without any party moving for his disqualification or inhibition, respondent Judge Onofre Villaluz voluntarily inhibited himself from trying the case "for the peace of mind of the parties concerned and to insure an impartial administration of justice" on the ground that before the criminal case was filed in his court, he already had personal knowledge of the same; and directed the immediate forwarding of the records of the case to the Executive Judge of the Court of First Instance of Pasig, Rizal, for proper disposition. Petitioner's motion for reconsideration of said order of inhibition was denied on April 16, 1971 by said respondent Judge. Another motion of petitioner for the deferment of the raffling of the case in the Court of First Instance of Rizal was denied by the Executive Judge, who likewise rejected petitioner's motion for the return of the case to the Circuit Criminal Court. The case was, after raffling, assigned to Branch VIII of the Court of First Instance of Rizal, then presided by then Judge Benjamin Aquino and docketed as Crim. Case No. 2729. OUR resolution dated May 18, 1971 required respondents to answer and authorized the issuance of a writ of preliminary injunction upon posting by petitioner of a bond of P1,000. Petitioner posted the bond and a writ of preliminary injunction was issued on June 21, 1971 enjoining respondent Judge Benjamin Aquino from taking cognizance of and exercising jurisdiction over the criminal case. Only respondent Alfonso Co, thru counsel, filed an answer. In a motion dated September 20, 1971 and filed on September 22, 1971, private respondents Benjamin Escandor and Rolando Samson, two of the defendants in CCC-VII-660 and docketed as Crim. Case No. 2729 on the Court of First Instance, Branch VIII, Pasig, Rizal, prayed for the modification of the said preliminary injunction so as to allow respondent Judge Benjamin Aquino to act on their motion for bail. In a resolution dated September 28, 1971, petitioner was required to comment thereon within ten (10) days from notice. Petitioner failed however to submit the required comment. In a motion dated October 25, 1971 and filed on November 20, 1971, private respondents Benjamin Escandor and Rolando Samson reiterated the aforesaid motion. In a resolution dated November 25, 1971, the Court resolved to defer action thereon until the case is considered on the merits. On November 4, 1971, petitioner filed his memorandum; while private respondent Alfonso Co filed his memorandum on November 20, 1971. The issues posed by the petition are: (1) whether respondent Judge Onofre A. Villaluz of the Circuit Criminal Court of Pasig, Rizal, can voluntarily, inhibit himself, without any motion therefor by the parties, on the ground of his personal knowledge of the case even before the same was filed; and (2) whether, after having acquired jurisdiction over the case, the Circuit Criminal Court can transfer the hearing of the same to the regular court of first instance. Undoubtedly, personal knowledge of the case pending before him is not one of the causes for the disqualification of a judge under the first paragraph of Section 1 of Rule 137 of the Revised Rules of Court which took effect on January 1, 1964. But paragraph 2 of said Section 1 of Rule 137 authorizes the judge, "in the exercise of his sound discretion, to disqualify himself from sitting in a case, for just or valid reason other than those mentioned" in paragraph 1. Before the rule was amended in 1964, a judge could not voluntarily inhibit himself on grounds of extreme delicacy, 1 or prejudice or bias or hostility 2 not even when he would be violating Sections 3, 26 and 30 of the Canons of Judicial Ethics because he is a paid professor of law in the college owned by one of the litigants. 3 Neither was a judge disqualified from trying a prosecution for perjury of an accused, who was ordered investigated and prosecuted as a perjured witness by said judge; 4 not even if the judge himself took great interest and an active part in the filing of the criminal charge to the extent of appointing the fiscal when the regular province fiscal refused to file the proper information. 5
But in 1961, We enunciated that a judge can inhibit himself from trying a case on the ground that the opinion he express in a letter addressed by him as counsel might in some way or another influence his decision in the case at bar and express his fear of not being able to render a truly impartial judgment. 6
In 1962, We also ruled in the case of Del Castillo vs. Javelona 7 that a judge may voluntarily inhibit himself by reason of his being related to a counsel within the fourth civil degree (no expressly included as a ground in par. 1 of Rule 137); because Rule 126 (the old rule) "does not include nor preclude cases and circumstances for voluntary inhibition which depends upon the discretion of the officers concerned." And in 1967, We affirmed that a judge may voluntarily disqualify himself on grounds other than those mentioned in paragraph 1 of Section 1 of Rule 137, as amended, such as bias or prejudice engendered by the judge having "lost respect in the manner the prosecutor was handling the case ..." 8 ; or when the lawyer for a litigant is his former associate. 9
Herein respondent Judge, because of his personal knowledge of the case, at least had conducted a careful self-examination after hearing some incidents on the criminal case wherein petitioner is the complainant, because such personal knowledge on his part might generate in his mind some bias or prejudice against the complaining witness or any of the accused or in an manner unconsciously color his judgment one way or the other without the parties having the opportunity to cross-examine him as a witness. Herein respondent Judge therefore harkened to the injunction announced by this Court in Pimentel versus Salanga 10 that when a Judge "might be induced to act in favor of one party or with bias or prejudice against a litigant arising out of circumstance reasonably capable of inciting such a state of mind, he should conduct a careful self-examination. He should exercise his discretion in a way that the people's faith in the courts of justice is not impaired. A salutary norm is that he reflect on the probability that a losing party might nurture at the back of his mind the thought that the judge had unmeritoriously tilted the scales of justice against him." It is possible that the respondent Judge might be influenced by his personal knowledge of the case when he tries and decides the same on the merits, which would certainly constitute a denial of due process to the party adversely affected by his judgment or decision. It is best that, after some reflection, the respondent Judge on his own initiative disqualified himself from hearing the robbery case filed by herein petitioner and thereby rendered himself available as witness to any of the parties and therefore maybe subject to cross-examination. Herein respondent Judge should be commended this time for heeding Our ruling in the case of Geotina vs. Gonzales 11 that "a judge, sitting on a case must at all times be fully free, disinterested, impartial and independent. Elementary due process requires a hearing before an impartial and disinterested tribunal. A judge has both the duty of rendering a just decision and the duty of doing it in a manner completely free from suspicion as to his fairness and as to his integrity." And Mr. Justice Fernando, speaking for the Court, in the case of Mateo, Jr., et al. vs. Honorable Onofre Villaluz, etc., supra, added that: "... it is made clear to the occupants of the bench that outside of pecuniary interest, relationship or previous participation in the matter that calls for adjudication, there may be other causes that could conceivably erode the trait of objectivity, thus calling for inhibition. That is to betray a sense of realism, for the factors that lead to preferences or Predilections are many and varied. It is well, therefore, that if any such should make its appearance and prove difficult to resist, the better course for a judge is to disqualify himself. That way, he avoids being misunderstood. His reputation for probity and objectivity is preserved. What is even more important, the ideal of an impartial administration of justice is lived up to. Thus is due process vindicated." Having thus voluntarily inhibited himself from trying the criminal case in which herein petitioner is the complainant, the respondent Judge has the discretion likewise to transfer the case to the regular courts of first instance sitting in Pasig, Rizal where he holds court, since the regular Court of First Instance has concurrent jurisdiction with the Circuit Criminal Court over this case for robbery (Sec. 1, R.A. No. 5179). This transfer is all the more justified because there is no other judge sitting in the Circuit Criminal Court of Rizal or in the 7th Judicial District which comprises the provinces of Rizal, Cavite and Palawan, as well as the cities of Quezon, Caloocan, Pasay, Cavite, Tagaytay, and Trece Martires as there is only one circuit criminal court for each of the 16 judicial districts of the court (Sec. 1, R.A. No. 5179). Furthermore, under Section 3 of Republic Act No. 5179, the "provisions of all laws and the Rules of Court relative to the judges of the Courts of First Instance and the trial, disposition and appeal of criminal cases therein shall be applicable to the circuit judges and the cases cognizable by them insofar as they are not inconsistent with" its provisions. The Judiciary Act and the Rules of Court do not prohibit the raffling or re-raffling among the Judges in the same station and in the same Judicial District of a case where the Judge to whom it was originally raffled or assigned is disqualified or voluntarily inhibiting himself for valid and just causes. This has been done in many instances. It was likewise done in the case at bar after the criminal case transferred to the regular Courts of First Instance sitting at Pasig, Rizal. The validity of the trial and the decision rendered in the case depends solely on the jurisdiction of the court over the subject matter of the case and over the parties, to whom due process of law has been accorded. Consequently, herein respondent Judge committed no abuse of discretion.. WHEREFORE THE PETITION IS HEREBY DISMISSED, WITH COSTS AGAINST PETITIONER.
FIRST DIVISION [A.M. No. RTJ-01-1662. November 26, 2001] VICTOR TUZON, complainant, vs. JUDGE LORETO CLORIBEL- PURUGGANAN, respondent. R E S O L U T I O N PARDO, J .: The case under consideration is an administrative complaint [1] against Judge Loreto Cloribel- Purugganan, Regional Trial Court, Tuguegarao, Cagayan, Branch 3, for illegal practice of law, gross ignorance of the law, serious misconduct, evident bias and partiality, knowingly rendering unjust judgment, and willful violations of the Code of Judicial Conduct. On June 25, 1998, Victor G. Tuzon filed with the Court of Appeals a petition for certiorari assailing the order of the Regional Trial Court, Tuguegarao, Cagayan, Branch 3, presided over by respondent Judge Loreto Cloribel-Purugganan in Civil Case No. 4269. [2] The order denied Tuzons motion to allow cross-examination of his witness and directed that the case be submitted for resolution. On July 2, 1998, the Court of Appeals issued a resolution directing private respondent Raymundo E. Catral to file the comment thereon and to show cause why the prayer for injunctive relief should not be granted both within ten (10) days from notice hereof. [3]
On July 22, 1998, respondent judge filed the comment for Raymundo Catral and herself, and affixed her name and signature on the comment. [4]
On August 2, 1999, the Court of Appeals dismissed the petition for certiorari for lack of merit. [5]
On February 14, 2000, Tuzon filed with the Supreme Court an administrative complaint against respondent judge deploring the act of filing a comment in the civil case as illegal private practice of law. [6] Tuzon also averred that respondent judge antedated her decision in Civil Case No. 4265, making it appear that the decision was promulgated on June 23, 1999, when in fact it was issued later. On March 23, 2000, respondent judge filed with the Supreme Court a comment on the administrative complaint of Victor G. Tuzon. [7] She admitted authoring the comment filed with the Court of Appeals in the civil case involving complainant. She stated that she did so because Atty. Isidro Reyes, counsel for the private respondent Raymundo E. Catral in that civil case, was sick and unable to perform his work. Respondent judge denied antedating any decision and alleged that complainant failed to present any evidence to support such accusation. On January 24, 2001, Deputy Court Administrator Bernardo T. Ponferrada submitted to the Court a recommendation that respondent judge be imposed a fine for filing an answer in behalf of the respondent Catral and defending her questioned order. [8]
The Court has reminded judges of the lower courts that a judge whose order is challenged in an appellate court need not file any answer, or take an active part in the proceedings unless expressly directed by order of the Court. [9]
In the case at bar, it is undisputed that respondent judge filed a comment on behalf of the respondent Raymundo E. Catral in the case on review with the Court of Appeals. Respondent judge signed the pleading herself and submitted it to the court notwithstanding that it was her decision that was the subject of the petition in the said court. In filing such comment, respondent judge violated the provision in the Revised Rules of Court which provides: Unless otherwise specifically directed by the court where the petition is pending, the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein. If either party elevates the case to a higher court, the public respondents shall be included therein as nominal parties. However, unless otherwise specifically directed, they shall not appear or participate in the proceedings therein. [10]
Respondent argues that she filed a comment on behalf of one of the parties to the case because the counsel was suffering from an illness at the time. However, a judge must maintain a detached attitude from the case and shall not waste his time by taking an active part in a proceeding that relates to official actuations in a case. [11] He is merely a nominal party and has no personal interest or personality therein. Further, respondent judge, in signing and filing a comment with the court on behalf of one of the parties, engaged in the private practice of law. The practice of law is not limited to the conduct of cases in court or participation in court proceedings but includes preparation of pleadings or papers in anticipation of litigation. [12]
Under Section 35, Rule 138 of the Revised Rules of Court, and Rule 5.07 of the Code of Judicial Conduct, [13] judges are prohibited from engaging in the private practice of law. [14] This is based on public policy because the rights, duties, privileges and functions of the office of an attorney-at-law are inherently incompatible with the high official functions, duties, powers, discretion and privileges of a judge. [15]
Regarding the other charges of complainant, we find no proof that respondent antedated her decision in Civil Case 4269. Further, no adequate evidence supports complainants charges of gross ignorance of the law, serious misconduct, evident bias and partiality, and knowingly rendering an unjust judgment. Thus, these charges should be dismissed. WHEREFORE, the Court hereby finds respondent judge Loreto Cloribel-Purugganan guilty of illegal practice of law, in violation of the Code of Judicial Conduct and the Revised Rules of Court. The Court hereby metes out on her the penalty of suspension from office for a period of three (3) months, without pay, and to pay a fine of ten thousand (P10,000.00) pesos, with a warning that the commission of the same or similar act will be dealt with more severely. This Resolution is effective immediately. SO ORDERED.
Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. MTJ-86-11 September 27, 1989 ATTY. DAVID G. OMPOC, complainant, vs. JUDGE NORITO E. TORRES, respondent. Valeriano S. Carillo for respondent. R E S O L U T I O N
PER CURIAM: In his First Indorsement dated 9 September 1986 1 Mr. Ramon J. Liwag, Service Chief, Technical Staff, Ministry of Justice (now Department of Justice) referred to the Court Administrator a sworn letter complaint dated 18 June 1986 of Atty. David G. Ompoc against Judge Norito E. Torres. The letter-complaint charged respondent Judge with gross misconduct in office, stating, among other things, that "Judge Norito Torres is wanting of [sic] that degree of moral fiber required of a member of a judiciary. He is unfit to hold such an exalted position and his removal from such will pave the way to cleanse the judiciary of the corrupt and graft-prone judges 2 Details of the complaint read as follows: A civil case no. R-26374 for ejectment entitled, Marcos A. Escobar, plaintiff versus Deco Sales, defendant, was filed sometime in 1984 with the City Court of Cebu. After the usual raffle it was assigned to Judge Norito Torres, Branch VII. While the case was being tried on the merits, at one time he invited me to see him at his residence at Banawa, Cebu City and he instructed me to bring my client, Mr. Charlie Taguiam, proprietor of Deco Sales along with me.That meeting at the residence of Judge Torres was actually held with me and Mr. Taguiam present, and in the course of our intimate conversation he gave us a guide what evidence and argument we have to present. Also in that meeting Judge Torres requested Mr. Charlie Taguiam, who is engage (sic) in the business of Car Decor to install a brand new airconditioner on his Toyota Hi-Ace and said airconditioner was installed without Judge Norito Torres paying for it. As the ejectment case progressed Judge Norito Torres had been pestering my client Mr. Charlie Taguiam with request for loans which he never acknowledged by means of a receipt and he was given by my client sums of money totalling Twenty Five Thousand Pesos (P25,000.00) in various amounts and on different dates. These loans have never been paid up to now and this certainly will not be paid, to the end of time because Judge Norito Torres is smart enough not to sign anything. Before he penned (sic) his decision on May 2, 1986, xerox copy is hereto attached Annex A, Judge Torres called my client and pressured him to enter into an amicable settlement with the plaintiff by paying the back rentals amounting to Two Hundred Thousand Pesos (P200,000.00) because he may have entered into an agreement with the plaintiff in the division of the spoils just in case my client would accede to it. My client refused to enter into any kind of settlement because he believed in the justness of his cause 3
In a Resolution dated 2 October 1986, the Court required the respondent Judge to file his comments on the complaint. Upon consideration of the comment dated 4 November 1986 of respondent, the Court, by a Resolution dated 3 March 1987, resolved to refer the complaint to then Executive Judge Juanito Bernad (now Deputy Court Administrator of the Supreme Court), Regional Trial Court, Cebu, for investigation, report and recommendation. Immediately after he received the order, the Investigating Judge conducted hearings on the complaint on March 25, 27 and 31,1987; April 8, 13, 15, 20, 22 and 30,1987; and May 4 and 14, and 31, 1987. In a Report and Recommendation dated 23 June 1987, Investigating Judge found that respondent Judge Norito Torres then Presiding Judge of MTCC, Branch 7, Cebu City, had before him an ejectment case entitled Marcos A. Escobar v. Deco Sales (or Charlie Taguiam) docketed as Civil Case No. R-26374; that while the case was ongoing, Judge Torres invited counsel for defendant Deco Sales and the owner of Deco Sales, Mr. Charlie Taguiam, to see him at his (the Judge's) residence for a conference; that the conference turned out to be an out-of-chambers discussion of Civil Case No. R-26374 where Judge Torres advised them on the steps to be undertaken in order to win the case and at the same time, requested Mr. Taguiam to have a new air-conditioner on his Toyota Hi-Ace installed; that subsequently, Judge Torres borrowed from Mr. Taguiam a total amount of P8,000.00 on different dates; that in the end, Mr. Taguiam lost in Civil Case No. R-26374 because he refused to listen to Judge Torres' advice to settle the case amicably by paying plaintiff Marcos Escobar the amount of P200,000.00 allegedly representing back rentals. The Report of the Investigating Judge reads in part as follows: (1) that the respondent Judge Norito E. Torres MTCC Cebu, City Branch VII was, like all other judges and fiscals in Central Visayas the object of background investigation conducted by the NBI, Regional Office, Cebu City in connection with the judiciary reorganization of 1986, after the assumption to office of President Aquino (Exh. 'E', p. 90 record); (2) that the agent assigned to conduct said investigation on respondent was Senior Agent Ramon Barot, Jr. (Exhs. 'D' and 'D-l', p. 89 Ibid); (3) that in connection with said investigation Agent Barot elicited documentary and testimonial evidence incriminatory to the respondent from the respondent's janitor Mr. Paterno H. Rafols who executed on 24 June 1986 a sworn statement (Exh. 'A', pp. 84-86, record) who stated that in addition to his duties as janitor to Branch VII, he also did errands for the respondent and one of those errands was being sent by the respondent to Mr. Charlie Taguiam on 24 December 1985 to receive P5,000.00 which was in the form (to the mind of this investigator was not anticipated by the respondent) of City Trust Bank Check No. 181384 dated 24 December 1985 (Exh. 'B', p. 86, Ibid); (4) that janitor Rafols, without realizing the implications of receiving a check from a party to a case for the judge, cashed it with drawee bank by indorsing the check at the back thereof, received the cash P5,000.00 and delivered it to the judge without telling the latter that he received a check, no evidence that janitor Rafols told the judge having been offered; (5) that at the time Exhibit 'B' was received by the respondent's janitor, Mr. Charlie Taguiam and/or Deco Sales was a party defendant in Civil Case No. R-26374 for Ejectment with a Prayer for A Writ of Preliminary Attachment then pending at the sala of the respondent, decision thereof dated May 2, 1986 (p. 5, Ibid); (6) that on 27 December l985 respondent's janitor again received from Charlie Taguiam for the judge Consolidated Bank and Trust Corporation (Tabo -an Branch, Cebu City) Check No. A 32 - 186586 dated December 27, 1985 for the amount of P3,000.00 (Exh. 'B-l', p. 87, Ibid) which he encashed and the proceeds thereof delivered to the respondent; xxx xxx xxx The facts noted in the aforestated observations have been admitted by the respondent except our own conclusions on the facts that the respondent was unaware of the existence of those checks received and indorsed by his janitor and the unanticipated background checks because being a former agent of the NBI, he would have known better than to leave tell-tale evidence. The receipt of the checks for the respondent and the amounts corresponding thereto were confirmed not only by court janitor Rafols but also by Mr. Charlie Taguiam himself who took the witness standnot as an avenging witness desiring vengeance but appeared merely in obedience to the subpoena issued by this investigator in his capacity as Executive Judge (p. 71, record). The existence and authenticity of said photocopies (Exh. 'B', 'B-1') were established by the testimony of Senior Agent Ramon Barot Jr. who likewise testified and Identified the photocopies comparing them with the originals and microfilm presented during the hearing and found by the undersigned to be faithful reproductions. Charlie Taguiam testified that those amounts (Exh. 'B', for P5,000.00 and Exh. 'B-l' for P3,000.00 were loans requested by the respondent-judge from him during the pendency of his case but were not receipted by the respondent and were never paid; that he did not demand any receipt because the respondent was and still is a judge that he could not bring himself to demand receipts from the respondent but impliedly would have welcomed, if not wished to be paid, notwithstanding the pendency of his case then at the respondent's sala at the time the loans were asked: That Charlie Taguiam while testifying did not show or betray any trace of revenge against the judge whom he gave so much attention and expense (the improvements on the respondent's vehicle will be discussed later) in spite of losing his case after so much expectation of a victory somewhat anticipated not only by his belief on the merits of his case but also by the respondent's seemingly encouraging attitude in the request and acceptance of favors other than the uncontrollable tears rolling down his cheeks remembering the past, losing the case and in having to compromise his case for P200,000.00 at the RTC of Cebu City at his aged and sick mother's behest, who had suffered a stroke as a result of said litigation, near bankruptcy, him without a father and having to revive and resuscitate the business as the eldest in the family at that stage of near bankruptcy 4
xxx xxx xxx Respondent tried to account for the checks that were submitted in evidence through a strange, involved story concerning an alleged entrepreneurial effort on the part of some of his townmates to raise money. The Investigating Judge found the respondent's and his witnesses' stories as unworthy of credence: Indeed, it is taxing one's imagination to lend credence to the fantastic theory of the defense that to summarize briefly, a Municipal judge will raise P50,000.00 in cold cash from a friend (Mr. Amodia) in a matter of a day's time, without signing any note or giving any collateral for it, nor the latter demanding any memorandum thereof and giving it to another friend (Mr. Amistad) without again any promissory note, memorandum or collateral but merely on a verbal promise of 50% share in the profit plus legal interest of a considerable amount such as P50,000.00 in 3 month's time; That when the 3 months was up, the alleged lender (Amodia) called the judge (Torres) to remind him of the money and the latter reminding the borrower, who allegedly issued a P25,000.00 check (which was never produced in evidence giving the impression to the undersigned that there was never such a check), delivered it to the judge who grudgingly acceded to his interpreter's (Mr. Malig-on) moral perorations that there was nothing wrong with asking a litigant to encash a post- dated check for P25,000.00 which was allegedly honored for only P5,000.00 and which amount was gladly accepted by the lender for the P25,000.00 check paid to him; That to the undersigned, it is not credible that a man with P25,000.00 check in his favor paid by his debtor, would entrust the encashment of the same to the janitor of the judge rather than for him to do it himself after the judge and Mr. Taguiam had talked on the telephone; That the lender of P50,000.00 cold cash would accept P5,000.00 for a P25,000.00 check without a whimper and still tipped the janitor P100.00; that for another P25,000.00 check of the borrower dated January 7, 1985 (Exh. '2') when the first payment was made on December 31, 1985, was supposed to have been a mistaken date because the alleged true date was January 7, 1986 and a chinese businessman like Mr. Taguiam will honor it (wrong date and all) for P3,000.00 and the lender (Amodia) will accept P3,000.00 for P25,000.00 check again without a whimper? Such was the story unraveled by the respondent and his witnesses in his defense on the checks. No documentation whatsoever was presented for such a transaction involving P50,000.00 supposedly in cold cash except for a worthless check with an alleged wrong date (Exh. '2') and supposedly bearing the date of January 7, 1986 but actually dated January 7,1985 which Mr. Taguiam peremptorily dismissed as having nothing to do with the transaction in question for it was indeed a worthless check which was presented to him for payment by the respondent judge which he refused and after depositing, it bounced and returned by Taguiam and was forgotten 5
From the evidence submitted to him, the Investigating Judge reached the following conclusions: The undersigned is convinced that, on the basis of the testimonial and documentary evidence offered and admitted on both sides, the respondent judge failed to rebut successfully the evidence of the complainant on the check charges. As to the charges re the "Light Ace" van, respondent admitted the ownership originally by him and later by his wife of said vehicle (Exhs. '3' and '4'); admitted that complainant and client Taguiam went to his residence to talk about the case which he entertained; admitted sending his vehicle to defendant's shop for repair on seats, new seat covers furnished by the defendant, repairs on his sedan, all for free during the pendency of the case on the shop owner's (Taguiam) assurance that the materials used were extra remnants from repairs of other customers and inconsequential. Respondent denies the installation of an airconditioner but the way Mr. Taguiam testified about it, where it was installed (ceiling of the van), his sincerity in testifying along with the admission of respondent in having sent for his van with his driver to the defendant's (Taguiam) shop for the repairs which he himself (respondent) estimated to have cost P350.00 or more (a conservative estimate on the basis of the description of the improvements introduced) and even offered to pay now if owner Taguiam will accept even in the absence of invoices of the cost of the aircon and other materials, a strong conviction that the complainant's allegations, including the installation of the aircon in respondent's van, are true. Other than the aircon which Taguiam offered to respondent at a 50% discount from the original cost of P10,000.00 (brand new), he really had no intention to be paid for the minor repairs and improvements. He had really given them away to the judge. 6
xxx xxx xxx While he found the charges against respondent Judge to have been proven, the Investigating Judge refrained from making a recommendation on the appropriate administrative penalty for respondent. After having carefully examined the records in this case, the Court is convinced that respondent Judge did commit the acts with which he was charged. In receiving P5,000.00 and P3,000.00 from a party to a litigation before him, as loans which he never paid back and which to all appearances he never intended to pay back, and in refusing or failing to pay for an airconditioner installed in his wife's automobile van by a shop owned by a party litigant before him, respondent Judge is guilty of serious misconduct in office and of acts unbecoming a member of the judiciary. This Court cannot too strongly deplore and denounce the gross misconduct of respondent Judge. In Haw Tay v. Singayao, 7 the Court, in holding a judge guilty of serious misconduct in office and his dismissal warranted (had his resignation not already been accepted by the President), upon finding that he had demanded and received money from a party litigant said: It is this kind of gross and flaunting misconduct on the part of those who are charged with the responsibility of administering the law and rendering justice that so quickly and surely corrodes the respect for law and the courts without which government cannot continue and that tears apart the very bonds of our politly. 8
Again, in the case of Cabrera v. Pajares, 9 the Court dismissed respondent Judge from the service, having found him guilty of accepting money from a party litigant in a case before his sala knowing that the amount was given to him by reason of his office, stressed: Members of the judiciary should display not only the highest integrity but must at all times conduct themselves in such manner as to be beyond reproach and suspicion. (Quiz vs. Cantano, 107 SCRA 196; Montemayor vs. Collado, 107 SCRA 258) The Court had likewise stressed in De la Paz vs. Inutan (64 SCRA 540) that 'the judge is the visible representation of the law and, more importantly of justice. From him, the people draw their will and awareness to obey the law. They see in him an intermediary of justice between two conflicting interests, ... Thus, for the judge to return that regard, he must be the first to abide by the law and weave an example for the others to follow. He should be studiously careful to avoid even the slightest infraction of the law.' (See also Fonacier- Abao v. Ancheta, 107 SCRA 538). 10
ACCORDINGLY, the Court Resolved to DISMISS respondent Judge from the service, with forfeiture of all his accrued retirement benefits, leave and other privileges, if any, and with prejudice to re- employment in any branch, agency or instrumentality of the government, including government- owned or controlled corporations. The Court also Resolved to REQUIRE respondent to show cause within ten (10) days from receipt of this Resolution why he should not be DISBARRED for gross professional misconduct and violation of the attorney's oath, consisting of the same acts of which he has here been found to be guilty. Let a copy of this Resolution be furnished the Ombudsman, for appropriate action on the probable violations of the Anti-Graft and Corrupt Practices Act by the respondent Norito E.Torres, with the request that the Court be informed of the action taken. A copy of this Resolution shall also be forwarded to the Integrated Bar of the Philippines for its information and records.
Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. L-61652 June 22, 1984 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRO IBASAN, SR., alias "Loring"; ALEJANDRO IBASAN, JR., alias "Intsik"; ALEJANDRO IBASAN II, alias "Boy"; and ALEJANDRO IBASAN III alias "Tito", defendants- appellants. The Solicitor General for plaintiff-appellee. E. M. Fallarme for defendants-appellants.
GUTIERREZ, JR., J .: Before Us, on appeal is a Decision of the Circuit Criminal Court, Dagupan City, Third Judicial District, convicting Alejandro Ibasan, Sr., alias "Loring"; Alejandro Ibasan, Jr. alias "Intsik"; Alejandro Ibasan II alias "Boy" and Alejandro Ibasan III alias "Tito" of the crime of murder. The dispositive portion of the decision reads: WHEREFORE, the Court hereby finds all the four (4) accused, namely: Alejandro Ibasan, Sr., alias "Loring", Alejandro Ibasan, Jr., alias "Intsik", Alejandro Ibasan 11, alias " Boy", and Alejandro Ibasan III, alias "Tito", GUILTY beyond reasonable doubt of the crime of murder, and pursuant to law, hereby sentences each of them to suffer the medium penalty of reclusion perpetua (life imprisonment), to indemnify the heirs of the victim, Leoncio Balolong in the amount of P12,000.00, plus P12,000.00 as moral damages, without subsidiary imprisonment in case of insolvency, and to pay the costs. Let this case be archived as against accused Juan Ibasan, alias 'John', who is presently confined in the National Mental Hospital, without prejudice to its reinstatement as against said accused, upon motion of the prosecution and return to sanity of said accused. The original information dated June 8, 1978 charged the appellants with the crime of homicide, together with two others, Juan Ibasan, alias "John" and Demetrio Ibasan alias "Etring". However, upon a finding that accused Juan Ibasan alias "John" was mentally unfit to stand trial, proceedings as against him were suspended pending the recovery of his sanity, hence, his non-inclusion in these proceedings. On the other hand, Demetrio Ibasan alias "Etring" died prior to final judgment in the lower court and the case against him was accordingly dismissed. After the information was filed but before the accused could be arraigned, a motion to amend the charges to murder and for the presentation of additional evidence convinced the Fiscal to conduct a reinvestigation. A notice of reinvestigation was issued by the District State Prosecutor, upon proper authority of the Dagupan City Fiscal, with the advice that he "will conduct a reinvestigation of the above-entitled case on Wednesday, August 9, 1978, ..." On July 27, 1978, pending reinvestigation of the case, accused Alejandro Ibasan, Jr., alias "Intsik" filed a motion to be arraigned ahead of his co-accused to enable him to leave for employment abroad as seaman for a period of ten (10) months. He assured the court that his departure was not intended to avoid the case and that he needed employment badly as the only source of livelihood to sustain his family. The following day, July 28, 1978, he filed a written manifestation and waiver to wit: COMES NOW the accused Alejandro Ibasan, Jr. in the above-entitled case through counsel and to this Honorable Court most respectfully manifests: 1. That he filed a motion dated July 27,1978 for an early arraignment as to him alone, ahead of his other co-accused based upon the grounds stated in said motion; 2. That he is aware of the move of the Fiscal to reinvestigate this case to determine whether there is basis to amend the charge from HOMICIDE to MURDER; 3. That in case his motion is granted and is arraigned ahead of his co-accused, he is willing to withdraw his plea on the charge of HOMICIDE and will enter a plea of NOT GUILTY to the charge of MURDER in case the Fiscal finally decide to amend the charge; 4. That he is expressly waiving the defense of double jeopardy which otherwise will be available to him in case the charge is amended from HOMICIDE to MURDER in view of his early arraignment. WHEREFORE, premises considered, it is most respectfully prayed that this manifestation be favorably acted upon. The same was filed through counsel Benigno M. Gubatan. The motion was granted and accused Alejandro Ibasan, Jr. alias "Intsik" was accordingly arraigned on July 28, 1978 with a plea of NOT GUILTY to homicide. Subsequently, he left for abroad after waiving his right to be present during the proceedings. On the basis of the fiscal's reinvestigation, an amended information dated August 30, 1978 was filed charging all accused with the crime of murder as follows: That on or about May 31, 1978 at Bonuan Gueset, Dagupan City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another, with intent to kill, treachery, evident premeditation, and taking advantage of their superior strength, did then and there wilfully, unlawfully and feloniously assault, maul and hit Leoncio Balolong at the back of his head and other vital parts of his body with a piece of bamboo, stones, empty bottles of beer, pepsi cola, coke, dagger, hollow block and wooden bench, which caused his death, to the damage and prejudice of his heirs in the sum of P12,000.00. The crime was committed by a band. The remaining accused were arraigned under the above information and all entered their plea of "not guilty" to the charge of MURDER. Upon his return and with the aid of a new counsel, Atty. Salvador Avedania, Alejandro Ibasan, Jr., filed a motion to quash the information on the ground that the filing of the amended information constituted double jeopardy, as he had already been arraigned and had pleaded not guilty under the original information for HOMICIDE, and the same had been dismissed without his consent when the new information was filed for the graver offense of MURDER. He further maintained that his earlier waiver of the defense of double jeopardy was of no moment, the same having been done prior to arraignment. He stated that it was not possible then for him to waive jeopardy which had not yet attached. Denying said motion, the court reasoned that by his own acts the accused was estopped to interpose the defense of double jeopardy and that his manifestation was express consent on his part to the amendment of the original information. The court stated that the defense of double jeopardy was never intended to be a tool for the benefit of one who had intentionally misled and confused the court for his own escape to go abroad. Furthermore, there being no plea under the amended information, double jeopardy had not yet attached. Accused's motion for reconsideration was likewise denied. Subsequently, accused Juan Ibasan alias "John", through his own counsel, also filed a motion to quash the amended information on the ground of accused's insanity. The motion was denied and, as earlier stated, accused Juan Ibasan was committed to the National Mental Hospital for observation and treatment. The trial as against him was suspended until such time as he is certified mentally fit to stand trial. Trial proceeded against the rest of the accused except Demetrio Ibasan alias "Etring" the case against him having been dismissed after his death. The prosecution evidence tended to prove that: ... On May 31, 1978, at about 6:00 P.M., while Leoncio Balolong was walking (with his cousin Alberto Balolong) along the road towards Balolong Street, at Bonuan Gueset, Dagupan City Juan Ibasan, alias "John", who was armed with a baseball bat 1 meter long), hit Leoncio Balolong (who was then unarmed) suddenly with said bat once on top of his head, holding the bat with both hands. Upon being hit by the baseball bat, Leoncio ran away, but he was pursued by Alejandro Ibasan III, alias "Tito", who then struck Leoncio with a baseball bat (1 meter long) hitting him on the left leg, causing Leoncio to fall to the ground. Upon seeing his cousin Leoncio fall to the ground, Alberto Balolong ran away. After Leoncio fell to the ground after being hit on the leg by accused Alejandro Ibasan III, alias "Tito", accused Alejandro Ibasan II, alias "Boy", who was armed with the dagger (Exh. J).lwphl@it which is double bladed, sharp pointed and about 8" long with 4" handle and a leather scabbard, stabbed Leoncio several times with said dagger on the breast, causing him (Leoncio) to grasp for breath and disabling him. All the six (6) accused threw stones (bigger than the size of a fist) at Leoncio, then accused Alejandro Ibasan, alias "Boy" and Juan Ibasan, alias "John", held the hands of Leoncio and dragged him inside their (Ibasan's) yard, passing through the steel gate fronting the Ibasan's residence, adjacent to their sari-sari store (Exh. E). Inside the yard, all the six (6) accused again hit Leoncio several times with bottles of beer, coke and with a wooden leg of a bench hitting him on the head, breast and abdomen (57 tsn., Sept. 8, 1981). A few minutes later, Dagupan City policemen arrived at the place and they brought Leoncio to the Pangasinan Provincial Hospital. At the time of the arrival of said policemen, all the six (6) accused were no longer at the crime scene as they have already fled. The prosecution relied on the testimony of two eyewitnesses, Domingo Paras and Agustina Redoban, both of whom positively Identified all the accused. Domingo Paras testified that while all the six (6) accused were mauling Leoncio Balolong, they shouted "Vulva of your mother, we are going to kill you" and that accused Alejandro Ibasan, Sr., alias "Loring" addressed accused Juan Ibasan, alias "John", Alejandro Ibasan II alias "Boy", Alejandro Ibasan III alias "Tito" and shouted "You finish him" while the accused continued mauling Leoncio. Prosecution witness Agustina Redoban corroborated the testimony of Domingo Paras in all its material points and furthermore, declared that upon seeing Leoncio Balolong already prostrate on the ground, she told the six (6) accused to stop beating him but they refused to heed her plea. She also heard Alejandro Ibasan, Jr., alias "Intsik" state that "Whoever will testify in this case should be killed." For its part, the defense introduced evidence to prove the following: On May 31, 1978, at about 5:00 p.m., Leoncio Balolong and his counsel, Alberto Balolong, came looking for accused Alejandro Ibasan, Sr., alias "Loring" at the latter's store. Leoncio was asking Loring to come out in a loud voice. Leoncio was carrying with him a balisong tucked on his right waist. Accused Demetrio Ibasan, alias "Etring" told Leoncio that his father was asleep. This made Leoncio angry. Leoncio then told Demetrio "Vulva of your mother", "let your father come out." Demetrio then picked up a stone and thereupon, Leoncio drew his balisong (Exh. J). Demetrio Ibasan, sensing the presence of an imminent danger, immediately got hold of an empty bottle and with it hit Leoncio again, this time hitting the latter on the center forehead, as a result of which blood oozed from his head (tsn., March 15, 1982, p. 175). During the altercation between Demetrio Ibasan and Leoncio Balolong, Alberto Balolong fled and he did so at the moment Leoncio Balolong fell down. Felisa Ibasan, wife of accused Alejandro Ibasan, Sr., and Linda Ibasan, his daughter, scurried upstairs to the house where they cried, and woke up Loring Ibasan (tsn., March 15, 1982, pp. 178-179). Soon Loring Ibasan came out of the house and told his son, Demetrio Ibasan to kill Leoncio Balolong probably because the latter might kill them all if he survives. Loring Ibasan, in order to insure the death of Leoncio Balolong, himself got a 2 feet long and 2 inches thick piece of wood and with it, hit said Leoncio Balolong who was already lying flat, several times (tsn., March 15, 1982, pp. 100-101). At that moment when Alejandro Ibasan began to hit Leoncio several times, the latter was not moving anymore and it was difficult to say whether he was already dead according to their eyewitness Angel Paras (tsn., March 15, 1982, pp. 181-182). This same eyewitness stated that he left the place after Alejandro Ibasan, alias "Loring" hit Leoncio Balolong with a piece of wood (tsn., March 15, 1982, p. 182). He then went to the other side of the road and that he did not bother to report the incident to the police for fear that he might get involved (tsn., March 15, 1982, p. 183). Not long after, two policemen arrived. The two policemen went inside the yard of the Ibasans, and thereafter brought the bleeding body of Leoncio Balolong and put him down immediately in front of the steel gate while the said policemen waited for a ride (tsn., March 16, 1982, p. 171). After about five minutes, the policemen were able to get a ride, a passenger jeepney, on which they loaded the body of Leoncio Balolong and left (tsn., March 16, 1982, p. 172) for the Pangasinan Provincial Hospital (tsn., October 12, 1981, p. 75; tsn., October 23, 1981, p. 87). After bringing the body of Leoncio Balolong to the Pangasinan Provincial Hospital, the two policemen hurriedly went back to the scene of the crime to make their investigation. Later, Demetrio Ibasan, who is actually one of the accused, (but whose case had been previously dismissed because of his death), voluntarily and willingly went along with the police and submitted himself for their investigation (tsn.,November 9, 1981, p. 107). In fact, at the police sub-station, he admitted to Patrolman Rolando Coquia in the presence of Patrolman Rolando Valdez, that he was the one who killed Leoncio Balolong and that no one else was responsible for it (tsn., November 9, 1981, p. 108). Thus, the defense tried to show that the aggressor was Leoncio Balolong and that, in self-defense, Demetrio Ibasan, alias "Etring", now deceased, had to hit Leoncio with a stone and an empty bottle. Likewise, Alejandro Ibasan, Sr., alias "Loring" had to hit Leoncio with a piece of wood, but Leoncio was, by then dead from Etring's blows. The other accused- appellants interposed the defense of alibi. Alejandro Ibasan, Jr. alias "Intsik" alleged that at the time of the commission of the crime, he was attending the Perpetual Help Novena and mass, it being a Wednesday, with his wife. His alibi was reiterated by two of his friends who testified in his behalf. Alejandro Ibasan II, alias "Boy" and Alejandro Ibasan III alias "Tito" alleged that at the time of the incident, they were at the house of their uncle, Juan Ibasan alias "John" feeding and watching his poultry and that they had attended to their duties therein without leaving said premises. After the trial, the court found the four appellants guilty as charged. Hence, this appeal. The accused-appellants interposed the following assignments of errors: I. THE LOWER COURT ERRED IN NOT DISMISSING THE CASE AS AGAINST THE ACCUSED ALEJANDRO IBASAN, JR., ON THE GROUND OF DOUBLE JEOPARDY. II. THE LOWER COURT ERRED IN ACTIVELY PARTICIPATING IN AND/OR CONDUCTING THE EXAMINATION OF WITNESSES AS THOUGH IT WERE THE PROSECUTION; AND IN DEPRIVING THE DEFENSE FROM PRESENTING OTHER MATERIAL WITNESSES BY GIVING HOPE AND IMPRESSIONS WHICH TURNED OUT TO BE FALSE AFTER ALL. III. THE LOWER COURT ERRED IN ITS APPRECIATION OF THE FACTS AS PRESENTED, AND IN MAKING CONCLUSIONS NOT SUPPORTED BY THE EVIDENCE AS ADDUCED. IV. THE LOWER COURT ERRED IN NOT DISMISSING THE CASE AS AGAINST ALL THE ACCUSED AFTER THE PROSECUTION HAD RESTED ITS CASE AND UPON MOTION TO DISMISS FILED BY DEFENSE BASED ON THREE VALID GROUNDS. V. THE LOWER COURT ERRED IN NOT ACQUITTING THE FOUR REMAINING ACCUSED AFTER THE TERMINATION OF THE TRIAL ON THE GROUND THAT THE PROSECUTION UTTERLY FAILED TO PROVE THEIR GUILT BEYOND REASONABLE DOUBT. VI. THE LOWER COURT ERRED IN DENYING THE FOUR CONVICTED ACCUSED OF THEIR RIGHT TO BAIL, THEIR RIGHT TO HAVE THEIR CASE TRANSFERRED TO ANOTHER SALA OR OTHER COURT OF COMPETENT JURISDICTION, AND THEIR RIGHT TO BE DETAINED IN THE LOCAL JAIL PENDING THEIR APPEAL INSTEAD OF IN THE NATIONAL PENITENTIARY AT MUNTINGLUPA. Pending appeal, notice was received by this Court about the death of accused Alejandro Ibasan, Sr., alias "Loring" while confined in the New Bilibid Prisons in Muntinglupa. The case against him was dismissed insofar as his criminal liability was concerned. At the outset, it is important to note the very peculiar factor which had given rise to the first issue. First of all, we find quite unusual that the accused Alejandro Ibasan, Jr., alias "Intsik" was allowed to leave the country while standing charged with the serious crime of homicide. His claim of innocence did not preclude the possibility of his jumping bail while abroad and not returning to answer the charges against him. The accused was allowed to be arraigned earlier than his co-accused even as the circumstances of murder were being reinvestigated. Second, it was error for the court to allow the advance arraignment of Intsik for homicide when the prosecution was still reinvestigating the case to determine the possibility of amending the information to murder. Intsik should have been arraigned for murder and afterwards could have been convicted either of homicide or murder as may be proven, the former being an offense necessarily included in the crime charged. We cannot sanction the conduct of the fiscal and the court. They should be more prudent and cautious in the performance of their duties. Appellant Alejandro Ibasan, Jr. would have us dismiss the case against him for murder on the ground of double jeopardy. The prosecution, sustained by the court a quo, contended that the requisite of double jeopardy to wit: xxx xxx xxx (4) That the defendant had been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent. is not present under the circumstances of the case. It argued that since the accused had earlier filed a written manifestation and waiver of his right to be present as well as his right to the defense of double jeopardy, the first information had been amended with the accused's express consent. The appellant maintains otherwise. He states that the element of time plays an important role in considering when such "express consent" should be given, He submits that the express consent must be given after the accused had already entered a plea and not before. Was there double jeopardy? At the time that the accused executed his waiver, the right to the defense of double jeopardy for murder did not yet exist. For jeopardy to attach, it is necessary that the defendant has been arraigned and has pleaded to the charge because it is from that moment that the issues for trial are deemed joined. Before that, the accused is not in danger of being validly convicted, hence he is not yet in jeopardy (People v. Turla, 50 Phil. 1001). If the accused has not yet been arraigned for either homicide or murder, a motion to quash and a waiver of the right to the defense of double jeopardy would be premature. Jeopardy attaches (a) upon valid indictment, (b) before a competent court, (c) after arraignment and (d) after plea (People v. Ylagan, 58 Phil. 851).lwphl@it The defendant, not having been arraigned and not having pleaded to either charge when the waiver of his right to the defense of double jeopardy was made, the same produces no legal effect. There could have been no valid waiver for there was nothing to waive. There is no double jeopardy in this case. Appellant Alejandro Ibasan, Jr. was arraigned and he pleaded "NOT GUILTY" under the original information for homicide. He was never arraigned for Murder. Hence, the proceedings below, while for the charge of murder insofar as the other accused were concerned, were only for homicide as regards Alejandro Ibasan, Jr. The treachery which qualified the crime to murder was, for him, an aggravating circumstance. No mitigating circumstance was proved during trial. Coming now to the appellants' second assignment of error, we find the same to be without merit. It is not denied that the court had at certain points conducted its own questioning during the proceedings. The records, however, show that the court's questions did not amount to interference as to make the case for the prosecution and deprive the accused of their defense. The questions of the judge addressed to the witnesses and the accused were merely to clarify certain points and confirm certain statements. The number of times that a judge intervenes is not necessarily an indication of bias. It cannot be taken against a judge if the clarificatory questions he propounds happen to reveal certain truths which tend to destroy the theory of one party. As held in the case of Ventura v. Yatco (105 Phil. 287) "Judges are not mere referees like those of a boxing bout, only to watch and decide the results of a game; they should have as much interest as counsel in the orderly and expeditious presentation of evidence, calling attention of counsel to points at issue that are overlooked, directing them to ask questions that would elicit the facts on the issues involved, clarifying ambiguous remarks by witnesses, etc." A judge may properly intervene in the trial of a case to promote expedition and avoid unnecessary waste of time or to clear up some obscurity (People v. Catindihan, 97 SCRA 196; Par. 14 Canons of Judicial Ethics; Administrative Order No. 162 dated August 1, 1946, 42 O.G. 1803). In this respect, the record shows no irregularity in the conduct of the trial judge. As to the alleged deprivation of the appellants' right to present other material witnesses, we find the same without basis. The appellants alleged that they had intended to present two witnesses, namely: Atty. Gubatan and Atty. Esteves. However, the judge had expressed displeasure against the appearance of the two witnesses when the defense requested that they be subpoenaed, to wit: COURT You know, Esteves is a persona non grata in this court. He filed a case against me in Lingayen. I don't like to see his face. Never, forever, never in my whole life. Gubatan, Ancheta, Esteves, as far as I am concerned, they are already buried a long time. (con't. of order) subpoena the following; Erlinda Relosemon, Bonuan Gueset, Dr. Dominador Gutierrez, c/o GSIS, Dagupan City. (tsn., March 16, 1982, p. 196). The emotional outburst of the presiding judge is rather unfortunate. Even if a judge sincerely believes that a counsel is deliberately exasperating or inciting him through the introduction of witnesses publicly known to be personally anathema to the judge and not because their testimony may prove or disprove matters in issue, the judge should avoid any unseemly display of shortness of temper or other unbecoming behaviour. A judge should not allow himself to be led by counsel or witnesses into showing that he can be moved by pride, prejudice, passion, or pettiness in the performance of his official functions (Austria v. Masaquel, 20 SCRA 1247). It is precisely during such trying moments that a judge should be studiously careful about his conduct and in the measures he takes to uphold the court's authority and dignity. However, the actuations of the trial judge showing some impatience against the appellants did not preclude them from adequately presenting their case, We have examined the records carefully and we find that the appealed decision was not based on any matters improperly elicited by the trial Judge during his examination of the witnesses nor has it been affected by the quoted remarks. Appellants were given all the opportunity to present their evidence. Neither did the initial refusal of the trial judge to subpoena the two supposed witnesses prevent their being presented in court if they were really willing to testify for the defense. There are remedies available to parties for such situations. In fact, the records show that, later, the trial judge was amenable to their being present in court as witnesses and it was the defense which found no more need for the testimony: ATTY. FALLARME We are intending to present another witnesses especially Atty. Gubatan and Atty. Esteves, but I think there is no need, so we are closing our evidence and may we be given a chance to close tomorrow, your Honor. (Tsn., April 19, 1982, p. 269) The appellants state that they did not take certain steps they should have taken because the presiding judge had impressed upon the accused and counsel "that the case of the prosecution was weak and that it was not airtight nor foolproof, and that eventually he was going to acquit the accused. The following statement of the trial court: COURT I would suggest to counsel that since this case have been pending for the past 7 to 8 years and its record is about 4 to 6 inches thick, that trial of this case will continue Mondays and Tuesdays every week so that the innocent will be set free and that the guilty will be put to jail. ... Why prolong this agony? ... (tsn., March 16, 1982, p. 195) (Emphasis supplied). is no indication that the accused would eventually be acquitted. The statement shows no bias nor intention to give false hopes to either party. The judge merely expressed the need for a speedy trial. The statement should not be relied upon as a suggestion that the case for the defendants was stronger than the case for the prosecution. Notwithstanding any remarks of any judge, a lawyer should continue giving his client entire devotion to the latter's interest, warm zeal in the maintenance and defense of his rights and the exertion of the lawyer's utmost learning and ability appropriate for the circumstances. Notwithstanding any impressions that counsel may have about the predispositions of a judge, the client is entitled to the benefit of any remedy and defense that is authorized by law. The lawyer should assert every such remedy or defense (Canon 15, Canons of Professional Ethics; Javier v. Cornejo, 63 Phil. 293 (1936); In re Tionko, 43 Phil. 191 (1922); In re Oliva, 103 Phil. 312 (1958); Lualhati v. Albert, 57 Phil. 86 (1932); Toguib v. Tomol, Jr. GR. Adm. Case No. 554, Jan. 3, 1969; People v. Macellones, GR. No. 33639, Feb. 28, 1975; Tan Kui v. Court of Appeals, GR. No. 36808, Nov. 29, 1973, See Agpalo, Legal Ethics, 1980, pp. 147-186.) The second assignment of error has no merit but nonetheless we take this opportunity to remind members of the bench that judges' undue interference, impatience, or participation in the examination of witnesses or a severe attitude on the court's part towards the witnesses, especially those who are excited or terrified by the unusual circumstances of a trial may tend to prevent the proper presentation of the cause or ascertainment of the truth in respect thereto. (People v. Catindihan, 97 SCRA 196). Thus, a judge should exercise more care and patience in conducting a case, his right to intervene to be used sparingly, if at all. He must bear in mind that witnesses may be easily intimidated by an overly inquisitive judge considering the unusual circumstances which they find themselves in, especially when testifying in criminal cases. We find no merit in the appellants' third and fifth assignments of errors. The lower court correctly appreciated the facts of the case and the testimonies of the witnesses. The appellants' point out alleged inconsistencies in the prosecution witnesses' testimonies vis-a-vis their sworn statements. They also seek to discredit the prosecution witnesses Domingo Paras because of his relationship with Gregorio Balolong, the deceased's father. The appellants state that the prosecution witnesses' statements are conflicting, exaggerated, perjured, prejudiced, evasive, and apparently dubious. Furthermore, the defense relies on the alleged counter-affidavit of Agustina Redoban, an eyewitness for the prosecution, recanting her earlier statements to the police. An examination of the records shows no compelling reason to disbelieve the testimonies of the prosecution witnesses. The inconsistencies to which the appellants advert are but minor discrepancies which do not affect the weight of the witnesses' testimonies where they all coincide in the matter of Identity of the accused and in the narration of all material facts. Minor discrepancies do not render testimony incredible and cannot destroy the probative value of the consistent testimony of the witnesses on how the six (6) perpetrators has assaulted and mauled the victim to death. (People v. Pajenado, 69 SCRA 172; People v. Lopez, 80 SCRA 18; People v. Llanto, 88 SCRA 8; People v. dela Cruz, 91 SCRA 525; People v. Yutila, 102 SCRA 264; People v. Hinlo, 102 SCRA 472; People v. Garcia, 105 SCRA 325; People v. Canizares, 107 SCRA 296; People v. Munoz, 107 SCRA 313; People v. Demate, 113 SCRA 353; People v. Millora, 119 SCRA 417; People v. Barros, 122 SCRA 34; People v. dela Rosa, 102 SCRA 147). It is settled that some minor inconsistencies become themselves indices of truth, a sign of veracity of the statements of unlearned and untutored eyewitnesses. (People v. Paculba, 124 SCRA 383; People v. Cardinas, 118 SCRA 458).lwphl@it According to the trial court, the prosecution witnesses testified in a clear, positive, straightforward, truthful and convincing manner. The witnesses remained consistent on cross-examination. We see no reason to doubt the lower court's finding that they are more credible. Having been eyewitnesses to a frightful event as the killing of a fellow human, minor inaccurate expressions or honest mistakes in observation are not fatal. Differences in some details from nervous, rattled, and scared eyewitnesses cannot be avoided. It cannot be expected that these witnesses under such strain and pressure could pay particular attention and remember each and every detail no matter how trivial. Thus, whether the weapon used is referred to as a bat or a club is a matter of semantics. The fact remains that the deceased was hit by a one meter long wooden truncheon and mauled to death. Also, whether or not the beating of the victim had first occurred inside or outside the fence of the Ibasans is immaterial, the fact is the former was beaten both inside and outside of the premises of the Ibasans' yard. The fact is clear that the deceased was mauled and beaten with pieces of wood, bottles and a dagger or balisong, the weapons used being properly established by the evidence on record. Also, the fact remains that the victim died at the hands of the accused all of whom were positively Identified. Anent the alleged relationship of a prosecution eyewitness to the deceased's father, we reiterate the oft-repeated rule that relationship of witnesses does not necessarily affect credibility. (People v. Ruiz, 93 SCRA 739; People v. Puesce, 87 SCRA 130). Relationship to the victim by itself, does not prove that a witness is prejudiced and biased when, as in this case, said testimony is not only clear and natural, but is corroborated substantially by the other findings of the trial court. There is moreover the absence of an improper motive actuating the witness to testify falsely against the accused. (People v. Abejuela, 92 SCRA 503; People v. Veloso, 92 SCRA 515). And as to eyewitness Agustina Redoban, her friendship with the victim standing alone is not proof of prejudice (People v. Campana, 24 SCRA 271), the same not being a sufficient motive for witnesses to testify falsely against an accused (People v. Salcedo, 122 SCRA 54). As we stated in one case, the fact that two of the prosecution's witnesses were sheltered and fed by the deceased father's victim does not prove that said witnesses perjured in recounting what they saw. It is well-known that witnesses to killings usually do not want to undergo the trouble and inconvenience of going to court and being exposed to reprisal. (People v. Medrana, 110 SCRA 130). The alleged inconsistencies between witness Redoban's testimony in open court and her statements in pre-trial affidavits, are not marks of untrustworthiness or wilfull falsehood (People v. Bermoy 105 SCRA 106). It is a matter of judicial notice and experience that, not infrequently, affidavits are prepared in haste and are almost always incomplete and inaccurate (People v. Gonzales. 99 SCRA 697). Greater weight is accorded the statements given on the witness stand where both prosecution and defense counsel could more thoroughly question the witness. The appellants would have us dismiss the case or acquit accused Juan Ibasan alias "John" on the ground of insanity. They argue that the trial court erred in denying their motion to quash. Section 2 of Rule 117 of the Rules of Court provides among the grounds for a motion to quash: "That the defendant is insane." When after an examination into the mental condition of the accused, it appears that the defendant is insane at the time of the trial, the court is under a legal duty to suspend the proceedings and to order the commitment of the accused to an asylum. The fundamental reason behind this may be taken from the very fact that if the accused were insane, he would never have a fair trial; the assistance that the law provides would be an empty ceremony (US v. Guendia, 37 Phil. 337). The trial court acted fully in accordance with the law. Appellants, however, maintain that at the hearing on the motion to quash, the evidence presented tended to show that accused Juan Ibasan was insane before, during, and after the commission of the crime, as well as at the time of trial, and should be exempt from criminal liability. This is properly a matter to be considered as a matter of defense during a fullblown trial to determine the guilt of the accused. For the same to be properly passed upon in the motion to quash defendants should have invoked Subsection g, Section 2 Rule 117, to wit: xxx xxx xxx (g) That it contains averments which, if true, would constitute a legal excuse or justification; xxx xxx xxx They did not do so, The fourth assignment of error has no merit. Defendants' sixth assignment of error that the lower court erred in denying (1) bail to the accused on appeal, (2) their right to have their case transferred to another sala or court of competent jurisdiction, and (3) their right to be detained in the local jail pending their appeal instead of the National Penitentiary in Muntinglupa, cannot be sustained. Section 4, Rule 114 provides: After conviction by the Court of First Instance defendant may, upon application, be bailed at the discretion of the court. This discretion will not be disturbed absent any showing of abuse or arbitrariness on the part of the trial court. (Reyes v. Court of Appeals, 83 Phil. 658) There is no such showing in the case at bar. As for their detention at the National Penitentiary rather than the local jail, the appellants are national prisoners and are correctly detained at the New Bilibid Prisons in Muntinglupa, Rizal, pending the resolution of their appeal. The transfer of the case, after judgment in the lower court, cannot be sanctioned. No law or rule permits the same. Appeal is an adequate remedy to correct whatever errors may have been committed by the lower court. WHEREFORE, in view of the foregoing, the judgment appealed from is hereby AFFIRMED insofar as appellants Alejandro Ibasan II, alias "Boy" and Alejandro Ibasan III alias "Tito" are concerned, with the modification that the indemnity for the heirs of the victim, Leoncio Balolong, is raised from Twelve Thousand (P12,000.00) to Thirty Thousand (P30,000.00) Pesos in accordance with the ruling laid down by this Court in People v. de la Fuente, 126 SCRA 518. The judgment of the court a quo as to them is AFFIRMED in all other respects. Insofar as appellant Alejandro Ibasan, Jr. alias "Intsik" is concerned, we find him GUILTY beyond reasonable doubt of the crime of homicide and hereby sentence him to an indeterminate penalty of TEN (10) YEARS and ONE (1) DAY of prision mayor as minimum to SEVENTEEN (17) YEARS, FOUR (4) MONTHS, and ONE (1) DAY of reclusion temporal as maximum, and order him to indemnify the heirs of the victim jointly and solidarily with the other accused-appellants. The resolutions dismissing the cases against Demetrio Ibasan, Sr., alias "Loring" are reiterated. The late Alejandro Ibasan, Sr., remains civilly liable, his death having occurred pending appeal. He is likewise ordered to indemnify the heirs of Leoncio Balolong together with the other accused-appellants.
Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. 704-RTJ June 14, 1990 FELDMERTO M. LONGBOAN, complainant, vs. HON. EMILIO L. POLIG, respondent. R E S O L U T I O N
PER CURIAM: A letter-complaint was addressed to the Court Administrator on July 18, 1986 charging the respondent judge with gross negligence of duty or abuse of authority for his failure to apprise complainant of the status of Civil Case No. 641 despite the former's registered letters requesting the status. Civil Case No. 641 involved a dispute for collection of a sum of money between the complainant as plaintiff and one Arsenic Cunaden as defendant. The complainant obtained a favorable judgment from Municipal Circuit Judge Flora M. Tel-equen of the 2nd Municipal Circuit Court of Bauko-Sibangan, Mountain Province on October 26, 1981. It was on appeal when the matter subject of the letter-complaint came about. It appears that on February 20, 1984, the complainant was informed by Regional Trial Court Judge Nicasio A. Baguilat that respondent judge, his predecessor, was in possession of the records of Civil Case No. 641 considering that the appeal thereto had been perfected prior to respondent judge's transfer to the Regional Trial Court, Branch 14 at Lagawe, Ifugao. On August 8, 1984, Judge Baguilat's Clerk of Court certified, among others, that Civil Case No. 641 was among the cases retained by respondent judge and that as of the said date no decision therein had been received from the said judge. Meanwhile, the complainant had sent five registered letters inquiring about the status of Civil Case No. 641. Due to respondent Judge's failure to make any reply as requested, the Office of the Court Administrator sent respondent judge three tracers dated August 12, 1985, April 15, 1986 and June 23, 1986, respectively in relation to the records of Civil Case No. 641. Still, the respondent judge made no reply. In our resolution dated September 9, 1986, we ordered the respondent judge to: (a) show cause why no disciplinary or administrative action should be taken against him, and (b) comply with the inquiry within ten (10) days from notice thereof with a warning that failure still to do so would be dealt with accordingly. In our resolution dated July 31, 1987, we suspended the respondent judge "immediately and continuing until further orders" for his willful disobedience and disregard of our previous resolution. The respondent judge was further ordered to show cause and comply with complainant's inquiry with a warning that failure to do so would be dealt with more severely. On May 30, 1989, we resolved to dispatch an audit team headed by Deputy Court Administrator Juanito A. Bernad to conduct a physical inventory of the cases pending in the respondent judge's sala on the basis of the communication from Judge Baguilat informing the Office of the Court Administrator that Civil Case No. 641 had already been decided by him and that he could not decide the other cases pending before the respondent judge's former sala because the records thereof could not be located and the respondent judge could not be contacted. On June 1, 1989, a manifestation from the respondent judge with prayer for the lifting of his suspension and reinstatement to his office was received by us stating that the respondent judge was unable to submit his comment within the time allotted because the record of Civil Case No. 641 was somehow mislaid on account of his transfer to Lagawe, Ifugao; that while in the process of locating the said record, we suspended respondent judge; that eventually the said record was found inadvertently mixed up with the disposed and archived cases and upon discovery, respondent judge immediately transmitted the same to Judge Baguilat's sala for disposition since he was under suspension; that Civil Case No. 641 had already been decided by the Regional Trial Court of Bontoc, Mountain Province; that respondent judge failed to ask for extension of time to make and submit his comment to our show-cause resolution due to "awful shock and anxiety at the thought that the record of the said case may have been lost beyond recovery"; that it took respondent judge a long time to plead for the lifting of his suspension due to "self-reproach and disgust of himself for his omission"; and that upon realizing that he still has to support two boys in high school and two boys in college and considering the present high cost of living, respondent judge deemed his two- year suspension as enough punishment for his omission, thus, resumption of his judicial functions should be ordered. On June 27, 1989, Deputy Court Administrator Juanita A. Bernad conducted the physical inventory of the cases pending before respondent judge's sala. In a memorandum dated July 4, 1989, Deputy Court Administrator Bernad reported that all the cases inventoried were accounted for except four (4) criminal cases where the accused are not under detention and four (4) civil cases which remained missing as of June 29, 1989. On July 6, 1989, we resolved to refer the instant case for investigation and recommendation to Associate Justice Jesus Elbinias of the Court of Appeals. After hearing, the investigating officer recommended the lifting of respondent judge's suspension and the resumption of his official duties. A fine equivalent to two month's pay to be paid through equitable salary deductions was further recommended. As to the missing cases, the investigating officer stated that: With regard to the missing four (4) criminal cases without prisoners and four (4) civil cases referred to by Deputy Court Administrator Bernad in his memorandum for the Chief Justice, it is my view that this is a matter entirely outside the scope of the administrative complaint under inquiry. While the instant case is privately initiated in the sense that a member of the public instituted it, in the matter of the missing cases without the parties involved in them having as yet initiated any action, I believe the decision of whether or not to require respondent Judge to account for them lies with the Honorable Supreme Court or Office of the Court Administrator. After a careful perusal of the records of the instant administrative case coupled with painstaking deliberations, we are convinced that the respondent judge's continued silence as to the status of Civil Case No. 641 despite repeated written queries from one of the parties, his failure to reply to the tracers of the Office of the Court Administrator, and his willful disobedience and disregard to our show-cause resolutions constituted grave and serious misconduct affecting his fitness and the worthiness of the honor and integrity attached to his office. Once again, we hold with great emphasis that: ...The Judge is the visible representation of the law of justice. From him, the people draw their will and awareness to obey the law ..." (see Call A. Impao., et al. v. Judge Jacosalem D. Makilala, A.M. No. MTJ 88-184, October 13, 1989; Atty. David G. Ompoc, Jr. v. Judge Norito E. Torres, A.M. No. MTJ 86-11, September 27, 1989) How can the respondent judge expect others to respect the law when he himself cannot obey orders as simple as the show cause resolution? Moreover, it is not enough that the complaining litigant was eventually appeased by the turn of circumstances. What is more important is whether or not in the course of the judicial process, judicial norms have been maintained. It is with this end in view that we stress diligence and efficiency attendant to the discharge of a judge's function in the present Code of Judicial Conduct. Canon 3, Rule 3.08, of the said Code provides that: A judge should diligently discharge administrative responsibilities, maintain professional competence in court management and facilitate the performance of the administrative functions of other judges and court personnel. In the instant case, respondent judge even impeded the speedy disposition of cases by his successor on account of missing records of cases. This fact reflects an inefficient and disorderly system in the recording of cases assigned to his sala. Although blame can also be conveniently laid on the court personnel's mismanagement of the records of cases, proper and efficient court management is as much the judge's responsibility for the Court personnel are not the guardians of a Judge's responsibilities. (See. of Justice v. Legaspi, 107 SCRA 233 [1981]) With respect to the inventoried four (4) criminal cases without prisoners and four (4) civil cases missing, we find no justification for the failure to present them to the Deputy Court Administrator when required and their absence from the place where court records are stored. A judge is expected to ensure that the records of cases assigned to his sala are intact. There is no justification for missing records save fortuitous events. The loss of not one but eight records is indicative of gross misconduct and inexcusable negligence unbecoming of a judge. For true professionalism in the bench to exist, judges whose acts demoralize the ethical standards of a judicial office and whose acts demonstrate unfitness and unworthiness of the prestige and prerequisites attached to said office must be weeded out. Lastly, the report on the physical inventory of the records of the cases in RTC, Branch 14, Lagawe, Ifugao, which was respondent judge's last assignment before his suspension revealed that a total of 35 cases submitted for decision have remained unresolved beyond the 90-day reglementary period. We have consistently held that failure to decide a case within the required period is not excusable and constitutes gross inefficiency. (Ubarra v. Tecson, 134 SCRA 4 [1985]; De Leon v. Castro, 104 SCRA 241 [1981]; and In re: Judge Jose F. Madara, 104 SCP A, 245 [1981]). In sum, the Court finds respondent judge guilty of inexcusable negligence, gross inefficiency and grave and serious misconduct in the discharge of his functions. ACCORDINGLY, the COURT RESOLVED to DISMISS RESPONDENT JUDGE from the service with forfeiture of all his accrued retirement benefits, leave and other privileges, if any, and with prejudice to re-employment in any branch, agency or instrumentality of the government, including government owned or controlled corporations. SO ORDERED.
EN BANC
[A.M. No. MTJ -90-388, June 19, 1990]
THE OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE VIRGILIO S. LANSANG, MTC, CLARK FIELD, ANGELES CITY, RESPONDENT.
R E S O L U T I O N
PER CURIAM:
An administrative complaint, dated February 26, 1990, was filed against Judge VirgilioS. Lansang, Metropolitan Trial Court, Clark Field, Angeles City, based on the following findings of the Judiciary Planning Development and Implementation Office and the Deputy Court Administrator Reynaldo L. Suarez in the course of an investigation conducted in his court, as follows: 1. Cases deemed submitted for decision, some of which had been submitted since 1979 and 1982 had remained undecided as of January 3, 1990, contrary to his monthly certification that he has no pending civil and criminal cases under submission for decision or determinationbeyond the 90-day period. 2. Cases calendared for hearing during the month of June 1989 to December 1989, show that for the month of October 1989, only one (1) hearing was conducted; for November, only one (1) hearing also; for December, also one (1) hearing; for the month of January 1990, only two (2) days have been set for trial hearing; for the month of February 1990, only one (1) and for the month of August 1989, it appears that no case has been disposed of. 3. While it has been verified from reports and records in his office that he has been solemnizing several marriages between Filipino citizens and Americans or foreigners on an average of about three (3) marriages a day aside from notarizing public documents for a fee, his monthly reports for 1989 to the Statistic Division of this Court do not show any marriage solemnized or document notarized by him. 4. The accumulated caseload of 182 cases has remained invariably a back log which has not been reduced over the year despite the few cases that are filed averaging from 4 to 6 cases a month only. (Complaint, pp. 1-2) Earlier however, on January 26, 1990, in view of the special visit of Court of Appeals Associate Justice Leonor Ines Luciano to the Metropolitan Trial Court, Clark Field, prompted by various complaints against Judge Lansang and the latter being aware of the seriousness of the charges, respondent Judge submitted his irrevocable resignation to take effect January 31, 1990. In his Comment dated April 4, 1990, respondent Judge summed up his reasons in this wise: x x x my failure to decide, to settle cases load was the non-apprehension or arrest of the accused, the existence of rift between me and the Clerk of Court, became almost irreconcilable, as manifested in the inconsistent monthly report, which was full of intrigue and inaccuracy, which lead me to say I could no longer stay, and happy working with them. That even before this controversy, I have nursed the idea of resigning. (p. 3, Comment) Considering all the allegations, issues and arguments raised in the complaint and in the Comment and the resignation letter of respondent Judge dated January 26, 1990, the Court finds Judge Virgilio S. Lansang GUILTY of the charges complained of. His actuations, practices and conduct are unbecoming of a judicial officer; his acts of commission and omission having been committed through admitted negligence on his part, failure to report to the Supreme Court or to the Court Administrator, his grievances against his own Clerk of Court against whom he never filed any formal complaints regarding the latters alleged irregularities; his apparent acceptance of the accuracy of the reports submitted by his Clerk of Court; and unmitigated failure to ask for administrative remedies from the Supreme Court and Court Administrator and the existence up to now of 182 pending cases which according to the Court Administrator had been submitted for decision, and not merely pending trial. The Court likewise Resolved not to accept such resignation (acceptance of resignations from the judiciary being a prerogative of the President of the Philippines), but instead to consider him RETIRED, with all benefits and gratuities forfeited.
PEOPLE VS. SALAS [143 SCRA 163; G.R. NO. L-66469; 29 JUL 1986] Sunday, February 15, 2009 Posted by Coffeeholic Writes Labels: Case Digests, Political Law
Facts: At about 6:00 o'clock in the morning of March 6, 1992, a 60 year old woman, identified as Virginia Talens was found lying dead in a canal at Bo. San Nicolas, Mexico, Pampanga; she was last seen alive at about 3:00 o'clock early morning of March 6, 1992 by Orlando Pangan and Richard Pangan who were with her going home coming from the wake of one Leonardo Flores; both Orlando and Richard Pangan testified that accused was with them in going home at about 3:00 o'clock in the morning of March 6, 1992; Orlando and Richard Pangan reached first their house and left the two on the way and that was the last time Virginia was seen alive; just a few minutes after reaching his house and while inside his house, Orlando Pangan heard a shout; another woman, one Serafia Gutierrez, testified that she likewise was awakened by a shout at about 3:00 in the morning; Dr. Aguda who autopsied the victim found hematoma on the head and chest, an abrasion on the left chin and stabwound on the neck which stabwound, the doctor claims, was the cause of death of the victim; Police Investigator Gonzales who immediately responded upon report, recovered at the scene a pin, the victim's wristwatch, earring, a ring and P135.00 money; he likewise found on March 9, 1992 when he continued his investigation bloodstain on the front door of the house of the accused which bloodstain when submitted for examination was found to be of human blood; one Resultay was with Virginia Talens at about 5:00 afternoon of March 5, 1992 in going to the wake, who claims that Virginia had money on a purse as while they were on the way Virginia bet on a jueteng she saw Virginia got money from her purse a P500.00 bill but as she had no change she instead took P8.00 from her other pocket; one Ramil Talens, a son of the victim corroborated the claim of Resultay that Virginia had with her at that time money worth P2,000.00 as in the morning of March 5, 1992 he gave her mother for safekeeping the sum of P1,500.00 which he claims his mother placed in her purse and claims further that at the wake, he asked and was given P50.00 by his mother as he also participated in the gambling thereat, however, the purse of Virginia containing about P2,000.00 was no longer to be found when she was found dead; Orlando Pangan saw the accused gambled in the wake; Virginia likewise gambled at the wake; accused had been working for three days before March 6 at Sta. Ana, Pampanga and up to March 5, 1992, but the following day, he did not anymore report for work at Sta. Ana, Pampanga, was no longer to be found and was last seen at about 3:00 morning together with Virginia Talens on their way home coming from the wake; the parents of [the] accused were informed by Investigator Gonzales that their son was the suspect and adviced them to surrender him, but since March 6, 1992 when accused left Mexico, Pampanga, he returned only on September 19, 1992 at Arayat, Pampanga, not at Mexico, Pampanga where he was ultimately apprehended by the Mexico Police on September 22, 1992 after chancing on a radio message by the police of Arayat to their Provincialcommander that a vehicular incident occurred at Arayat, Pampanga where one Elmer Salas was the victim and was hospitalized at thedistrict hospital at Arayat, Pampanga where he used the name of Rommel Salas and not Elmer Salas. The trial court rendered convicting Salas for Robbery with Homicide
Issues:
(1) Whether or Not there is evidence sufficient to sustain a conviction of the appellant of the crime of Robbery with Homicide.
(2) Whether or Not the appellants crime homicide or robbery with homicide.
Held: There was no eyewitness or direct evidence; either to the robbery or to the homicide and none of the things allegedly stolen were ever recovered. However, direct evidence is not the only matrix from which the trial court may draw its findings and conclusion of culpability. Resort to circumstantial evidence is essential when to insist on direct testimony would result in setting felons free.
For circumstantial evidence to be sufficient to support a conviction, all the circumstances must be consistent with each other, consistent with the theory that the accused is guilty of the offense charged, and at the same time inconsistent with the hypothesis that he is innocent and with every other possible, rational hypothesis excepting that of guilt. All the circumstances established must constitute an unbroken chain which leads to one and fair and reasonable conclusion pointing solely to the accused, to the exclusion of all other persons, as the author of the crime. The facts and circumstances consistent with the guilt of the accused and inconsistent with his innocence can constitute evidence which, in weight and probative value, may be deemed to surpass even direct evidence in its effect on the court.
The fatal stabbing of Virginia Talens occurred at around 3:00 a.m. of March 6, 1992. Appellant hastily abandoned his house in Barrio San Nicolas, Mexico, Pampanga, his residence since childhood, on that very date. Appellant was nowhere when his co-worker and barrio mate, Eduardo Bagtas, came to appellant's house to fetch him for work at around 6:30 to 7:00 a.m. of March 6, 1992. Appellant also abandoned his job as a painter in Sta. Ana, Pampanga, on March 6, 1992, the dateof the crime, leaving behind an unfinished painting project. He was not seen again from said date. Police investigators found human bloodstains on the front door of appellant's house, on his clothing, and on his yellow slippers after the victim was killed. Despite efforts of the police to find appellant as the principal suspect, a fact known to appellant's family and neighbors, appellant did not present himself to the authorities. Appellant was apprehended only a full six months after the date of the crime, following his confinement in a hospital in Arayat, Pampanga because he was sideswiped by a Victory Liner bus in Arayat. When hospitalized, appellant used the alias Rommel Salas, instead of his true name Elmer Salas. These circumstances denoteflight, which when unexplained, has always been considered by the courts as indicative of guilt.
Both appellant and victim gambled at the wake they attended. The victim was, in fact, enjoying a winning streak when her son, Ramil Talens, came to fetch her but which he failed to do because his mother was winning, and she refused to leave. The purse of Talens containing cash was gone when her corpse was found in the canal with a stab wound and bruises. What was left was a safety pin which victim used to fasten the missing purse to her clothes.
Denial is an inherently weak defense which must be buttressed by strong evidence of non-culpability to merit credibility. Denial is negative and self-serving and cannot be given greater evidentiaryweight over the testimonies of credible witnesses who positively testified that appellant was at the locus criminis and was the last person seen with the victim alive.
The absence of evidence showing any improper motive on the part of the principal witness for the prosecution to falsely testify against the appellant strongly tends to buttress the conclusion that no such improper motive exists and that the testimony of said witnesses deserve full faith and credit.
The essence of voluntary surrender is spontaneity and the intent of the accused to give himself up and submit himself unconditionally to the authorities either because he acknowledges his guilt or he wants to save the State the trouble of having to effect his arrest. Spontaneity and intent to give one's self up are absent where the accused went into hiding for six months after the incident and had to resort to an alias when he was involved in an accident being investigated by the police authorities.
Robbery with Homicide is a special complex crime against property. Homicide is incidental to the robbery which is the main purpose of thecriminal. In charging Robbery with Homicide, the onus probandi is to establish: "(a) the taking of personal property with the use of violence or intimidation against a person; (b) the property belongs to another; (c) the taking is characterized with animus lucrandi; and (d) on the occasion of the robbery or by reason thereof, the crime of homicide, which is used in the generic sense, was committed." Although there was no witness as to the actual robbing of the victim, there is testimony that the victim had more or less P2,000.00; and wore gold earrings valued at P750.00. These were never recovered.
While there is indeed no direct proof that Virginia Talens was robbed at the time she was killed, we may conclude from four circumstances that the robbery occasioned her killing: (1) Both appellant and victim gambled at the wake. (2) The appellant knew that victim was winning. (3) The victim was last seen alive with appellant. (4) The victim's purse containing her money and earrings were missing from her body when found.
The decision of the regional trial court is affirmed. Costs against appellant. So ordered.
Republic of the Philippines SUPREME COURT Manila FIRST DIVISION A.M. No. RTJ-05-1966 March 21, 2006 IMELDA S. ENRIQUEZ, Complainant, vs. JUDGE ANACLETO L. CAMINADE, Respondent. D E C I S I O N PANGANIBAN, CJ : Judges are expected to exhibit more than just cursory acquaintance with statutes and procedural laws. In all good faith, they must know the laws and apply them properly. Judicial competence requires no less. Where the legal principle involved is sufficiently basic and elementary, lack of conversance with it constitutes gross ignorance of the law. The Case and the Facts This administrative case stems from a verified Complaint 1 filed with the Office of the Court Administrator (OCA) by Imelda S. Enriquez. In that case, Judge Anacleto Caminade was charged with gross misconduct, knowingly rendering an unjust judgment, and gross ignorance of the law. The material averments of the Complaint and respondents Comment are summarized by the OCA as follows: "x x x [Complainant] Imelda S. Enriquez charges [Respondent] Judge Anacleto Caminade with Gross Misconduct, Knowingly Rendering an Unjust Judgment and Gross Ignorance of the Law and Procedure relative [to] Criminal Case No. CBU-066703, entitled People of the Philippines versus Sherwin Que @ Bungol, Anthony John Apura, for Murder. As mother of the victim in the criminal case, [complainant] alleges that respondent issued an order dated 31 March 2004, the decretal portion of which reads: WHEREFORE, the Court hereby denies the motion for the issuance of the warrant of arrest against the accused-movants; sets aside the assailed Resolution of the City Prosecutor on the basis of which the latest amended information was filed; quashes the latest amended information; and remands this case to the City Prosecutor for completion of the preliminary investigation. "Respondent so ruled because there was no preliminary investigation completed on accused Alvin Taggart Pimentel Alvez and Alvin John Apura [as] they were denied the opportunity to file a motion for reconsideration or a petition for review before the information was filed in court. "Complainant claims that respondent was grossly mistaken when he ruled, in effect, that the investigating prosecutor cannot file a criminal information before the expiration of the 15-day period within which the accused are allowed by the Revised Rules of Court to move for reconsideration or petition for review of an adverse Resolution. Respondent cited Sales versus Sandiganbayan (G.R. [No.] 143802, 16 November 2001) that the filing of motion for reconsideration is an integral part of the preliminary investigation proper and that an [i]nformation filed without first affording x x x accused his right to file motion for reconsideration is tantamount to a denial of the right itself to a preliminary investigation. "Complainant contends that Sales is not applicable to the criminal case because of significant factual and procedural distinctions between the two cases: (1) the Sales case proceeded under the Rules of Procedure of the Ombudsman, while subject criminal case was conducted under the Rules of Court; (2) there was no completed preliminary investigation in the Sales case but there was a completed full-blown panel preliminary investigation on the accused in the subject criminal case; and (3) it is only under the Rules of Procedure of the Ombudsman that the preliminary investigation is deemed completed and terminated upon the lapse of the period to file a motion for reconsideration from the resolution of the Ombudsman while there is nothing in the Rules of Court which states that a person investigated has the right to file a motion for reconsideration or reinvestigation before the [i]nformation can be filed in court. "In his COMMENT, respondent explains that the panel of prosecutors conducting preliminary investigation filed in court their amended information without furnishing accused Apura and Alvez their copy of the resolution. He stresses that his challenged order is in accordance with law and jurisprudence, citing among others, the case of Sales. He claims his order was an honest response to the pending matters before him and [he] merely granted reliefs consistent with those granted by the Supreme Court in the Sales case. "[Respondent judge asserts that] while the facts of Sales and the criminal case are different, the legal principle involved in the former case that a preliminary investigation is part of due process and a motion for reconsideration of the Resolution of the Prosecutor finding probably cause for the filing of information is part of a preliminary investigation and respondent who is not given the opportunity to file the same is in effect deprived of his right without due process of law cannot be overlooked. Respondent points out that complainant, who was represented by two attorneys, should have resorted to judicial recourse such as an appeal of the order in question via a petition for certiorari to the Court of Appeals." 2
Report and Recommendation of the OCA In its Report, 3 the OCA finds respondent guilty of gross ignorance of the law. Thus, it recommends that respondent be penalized with the maximum imposable fine of P40,000, considering that he was earlier penalized with six months suspension for another serious though unrelated offense. According to the OCA, the issue raised by complainant does not pertain to an error of judgment or to one pertaining to the exercise of sound judicial discretion by respondent. Rather, the issue is whether respondent complied with procedural rules so elementary that to digress from them amounts to either ignorance or negligence. Since the procedure for the institution of criminal actions is basic and clearly expressed in the Rules of Court, respondents Order is deemed to have been attended by gross ignorance of the law. The Courts Ruling The Court agrees with the findings of the OCA but reduces the penalty. Administrative Liability of Respondent This Court has consistently held that lack of conversance with legal principles sufficiently basic and elementary constitutes gross ignorance of the law. 4 As an advocate of justice and a visible representation of the law, a judge is expected to be proficient in the interpretation of our laws. 5
A perusal of the Order issued by respondent on March 31, 2004, shows that he remanded Criminal Case No. CBU-066703 to the city prosecutor for the completion of the preliminary investigation based on this Courts ruling in Sales v. Sandiganbayan. 6 Clearly, respondent failed to read the case in its entirety, or he grossly misapprehended the doctrine it had laid down. A careful study of Sales reveals that it applies specifically to preliminary investigations conducted before the Ombudsman. That case was decided in accordance with the Rules of Procedure of the Ombudsman, granting the accused fifteen days to move for a reconsideration or a reinvestigation of an adverse resolution in a preliminary investigation. 7 Obviously, the criminal case filed before respondents court was not covered by the Rules of Procedure of the Ombudsman but by the Rules of Court, which had no corresponding provision. Thus, Sales was not in point. Diligence in keeping up-to-date with the decisions of this Court is a commendable virtue of judges and, of course, members of the bar. Comprehending the Courts decisions is a different matter, however, for it is in this area where ones competence may be tested and proven. 8
As aptly pointed out by the OCA, the termination of a preliminary investigation upon the filing of an information in court is a well-established procedural rule under the Rules of Criminal Procedure. Respondent clearly strayed from the well-trodden path when he grossly misapplied the ruling of the Court in Sales. Since a preliminary investigation in Criminal Case No. CBU-066703 was held, that stage of the legal process was already completed. The New Code of Judicial Conduct for the Philippine Judiciary requires judges to be embodiments of judicial competence and diligence. 9 Those who accept this exalted position owe the public and this Court the ability to be proficient in the law and the duty to maintain professional competence at all times. 10 Indeed, competence is a mark of a good judge. This exalted position entails a lot of responsibilities, foremost of which is proficiency in the law. One cannot seek refuge in a mere cursory knowledge of statutes and procedural rules. 11
Respondent judge fell short of these standards when he failed in his duties to follow elementary law and to keep abreast with prevailing jurisprudence. 12 Service in the judiciary involves continuous study and research from beginning to end. 13
Exacting as these standards may be, judges are expected to be personifications of justice and the rule of law and, as such, to have more than just a modicum acquaintance with statutes and procedural rules. 14 Essential to every one of them is faithfulness to the laws and maintenance of professional competence. Judges are not common individuals whose gross errors "men forgive and time forgets." 15 For when they display an utter lack of familiarity with the rules, they erode the confidence of the public in the competence of our courts. 16 Such lack is gross ignorance of the law. Verily, failure to follow basic legal commands and rules constitutes gross ignorance of the law, of which no one is excused, and surely not a judge. 17
Respondent contends that instead of filing the instant Administrative Complaint, complainant should have resorted to judicial recourse, like an appeal of the Order in question. It should be reiterated that the courts power of appellate review is distinct from an administrative matter, which involves the exercise of the courts power to discipline judges. An administrative matter is undertaken and prosecuted solely for the public welfare; that is, to maintain the faith and confidence of the people in the government. 18
In sum, we reiterate our ruling in Abbariao v. Beltran, 19 as follows: "We emphasize that ignorance of the law is the mainspring of injustice. For this reason, we always remind the members of the bench of their duty to be faithful to the law and to maintain professional competence. Judges are called upon to exhibit more than just cursory acquaintance with statutes and procedural rules. Basic rules must be at the palms of their hands. Their inexcusable failure to observe the basic laws and rules will render them administratively liable. Where the law involved -- as in this case -- is simple and elementary, lack of conversance therewith constitutes gross ignorance of the law." 20
As to the charges of grave misconduct and knowingly rendering an unjust judgment, we agree with the findings of the OCA that there is no allegation or evidence on record to support these claims. Regarding the penalty to be imposed on respondent, although gross ignorance of the law is classified as a serious charge, it has been sanctioned with a wide range of penalties. 21 The Court has to balance the recommended penalty. The OCA suggests the maximum fine of P40,000, because respondent was penalized earlier with six months suspension for another serious though unrelated offense. Without minimizing the seriousness of the previous misconduct, the Court notes that the acts presently complained of are completely unrelated to and dissimilar from those in the prior case. The acts under consideration cannot be considered a repetition of the same or similar acts for which respondent was previously suspended. Neither is there any showing that he acted with malice or bad faith in issuing his Order in the present case. Under the present circumstances, this Court deems a fine of P20,000 to be appropriate. Unrelated or not, both cases reflect poorly on respondent as a public officer. The Constitution expects judges to be embodiments of competence, integrity, probity and independence. 22 Indeed, magistrates should personify fourIns; namely, integrity, independence, industry and intelligence. 23
WHEREFORE, Judge Anacleto L. Caminade is found guilty of gross ignorance of the law, for which he is FINED in the amount of twenty thousand pesos (P20,000). He is STERNLY WARNED that a repetition of the same or similar acts shall be dealt with more severely in the future. SO ORDERED.
EN BANC [A.M. No. MTJ-94-1004. August 21, 1996] SANGGUNIANG BAYAN OF BATAC, ILOCOS NORTE, complainant, vs. JUDGE EFREN F. ALBANO, respondent. D E C I S I O N PER CURIAM: Before us is Resolution No. 56 s. 1994 issued by the Sangguniang Bayan of Batac, Ilocos Norte calling for the immediate investigation of Judge Efren F. Albano, of the Municipal Trial Court of Batac, Ilocos Norte. The Sanggunian alleged that: (1) the stay of Judge Albano in the Municipality of Batac as the Presiding Judge of its Municipal Trial Court has been marred by controversial decisions coupled with habitual absence from office which hampered speedy resolution of cases to the prejudice of (their) constituents, and (2) there have been reported cases and complaints from (their) constituents that due to the indiscretion, inefficiency and incompetence of the incumbent Presiding Judge, it has clogged the dockets of the court, caused misery to litigants which resulted to the filing of certiorari cases against the Presiding Judge. [1]
On November 3, 1994, we referred the Sanggunians resolution to Judge Alejandrino C. Cabebe of the Regional Trial Court of Batac, Ilocos Norte for investigation, report and recommendation. [2]
Judge Cabebe summoned Mr. Da Vinci Crisostomo, Presiding Officer of the Sanggunian, to a conference to substantiate their charges against the respondent judge. Mr. Crisostomo pointed out several irregularities in the way respondent judge conducts preliminary investigations. Judge Cabebe then examined the criminal dockets of the Municipal Trial Court of Batac, Ilocos Norte as well as the records of preliminary investigations conducted in said court. [3]
In the course of his investigation, Judge Cabebe uncovered around forty (40) criminal cases dismissed after preliminary investigation. [4] In all these cases, respondent judge failed to transmit the resolution and records to the provincial prosecutor upon conclusion of the proceedings. Respondent judge also archived two (2) cases when the police failed to arrest the suspects therein, in violation of Section 5 of Rule 112 of the Revised Rules of Court. In addition, Judge Cabebe discovered that respondent judge issued warrants of arrest without examining the complainant and his witnesses in writing and under oath, in violation of Section 6 (b) of Rule 112 of the Revised Rules of Court and Section 21, Article III of the Constitution. Judge Cabebe recommended the dismissal of respondent judge from the service with forfeiture of benefits. [5] The Office of the Court Administrator made a similar recommendation in a Memorandum dated May 23, 1996. [6]
It is the stance of respondent judge that the cases cited by Judge Cabebe were all dismissed at the preliminary examination stage and did not reach the preliminary investigation proper. Respondent judge averred that before going to the preliminary investigation proper, he first conducted a preliminary examination to determine whether there is probable cause to issue a warrant of arrest. In the cases cited by Judge Cabebe, respondent judge found no probable cause for the issuance of a warrant, hence he did not proceed to the preliminary investigation proper. He argued that since there were no preliminary investigations conducted and concluded, there were no records to be forwarded to the provincial prosecutor for the filing of the corresponding information. [7] Respondent judge further argued that (he) may not be held liable for improper disposition of cases under preliminary investigation because the acts imputed against him pertains (sic) to his judicial capacity that are not subject to disciplinary power. [8]
Respondent judges stance clearly demonstrates his gross ignorance of the proper procedure in conducting a preliminary investigation. Under the old rules, the preliminary investigation conducted by a municipal judge had two stages: (1) the preliminary examination stage during which the investigating judge determines whether there is reasonable ground to believe that an offense has been committed and the accused is probably guilty thereof, so that a warrant of arrest may be issued and the accused held for trial; and (2) the preliminary investigation proper where the complaint or information is read to the accused after his arrest and he is informed of the substance of the evidence adduced against him, after which he is allowed to present evidence in his favor if he so desires. [9] Presidential Decree 911, [10] upon which the present rule is based, removed the preliminary examination stage and integrated it into the preliminary investigation proper. Now, the proceedings consist only of one stage. [11]
Section 3 of Rule 112 of the Revised Rules of Court outlines the procedure for conducting a preliminary investigation: Sec. 3. Procedure. Except as provided for in Section 7 hereof, no complaint or information for an offense cognizable by the Regional Trial Court shall be filed without a preliminary investigation having been first conducted in the following manner: (a) The complaint shall state the known address of the respondent and be accompanied by affidavits of the complainant and his witnesses as well as other supporting documents, in such number of copies as there are respondents plus two (2) copies for the official file. The said affidavits shall be sworn to before any fiscal, state prosecutor or government official authorized to administer oath, or in their absence or unavailability, a notary public, who must certify that he has personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits. (b) Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss the same if he finds no ground to continue with the inquiry, or issue a subpoena to the respondent attaching thereto a copy of the complaint, affidavits and other supporting documents. Within ten (10) days from receipt thereof the respondent shall submit counter-affidavits and other supporting documents. He shall have the right to examine all other evidence submitted by the complainant. (c) Such counter-affidavits and other supporting evidence submitted by the respondent shall also be sworn to and certified as prescribed in paragraph (a) hereof and copies thereof shall be furnished by him to the complainant. (d) If the respondent cannot be subpoenaed, or if subpoenaed does not submit counter- affidavits within the ten (10) day period, the investigating officer shall base his resolution on the evidence presented by the complainant. (e) If the investigating officer believes that there are matters to be clarified, he may set a hearing to propound clarificatory questions to the parties or their witnesses, during which the parties shall be afforded an opportunity to be present but without the right to examine or cross-examine. If the parties so desire, they may submit questions to the investigating officer which the latter may propound to the parties or witnesses concerned. (f) Thereafter, the investigation shall be deemed concluded, and the investigating officer shall resolve the case within ten (10) days therefrom. Upon the evidence thus adduced, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial. Section 5 of the same rule specifies the duty of the investigating judge upon conclusion of the preliminary investigation: Sec. 5. Duty of investigating judge. Within ten (10) days after the conclusion of the preliminary investigation, the investigating judge shall transmit to the provincial or city fiscal, for appropriate action, the resolution of the case, stating briefly the findings of facts and the law supporting his action, together with the entire records of the case, which shall include: (a) the warrant, if the arrest is by virtue of a warrant; (b) the affidavits and other supporting evidence of the parties; (c) the undertaking or bail of the accused; (d) the order of release of the accused and cancellation of his bail bond, if the resolution is for the dismissal of the complaint. Should the provincial or city fiscal disagree with the findings of the investigating judge on the existence of probable cause, the fiscals ruling shall prevail, but he must explain his action in writing furnishing the parties with copies of his resolution, not later than thirty (30) days from receipt of the records from the judge. If the accused is detained, the fiscal shall order his release. Respondent judges failure to transmit the resolution and records of the cases disregards the clear mandate of Section 5 of Rule 112. Under this provision, it is mandatory for the investigating judge to transmit to the provincial or city prosecutor his resolution dismissing or admitting the complaint, together with the entire records of the case. A preliminary investigation is conducted to determine whether there is sufficient ground to engender a well-founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof and should be held for trial. [12] It is an executive, not a judicial function. It falls under the authority of the prosecutor who is given by law the power to direct and control all criminal actions. However, since there are not enough fiscals and prosecutors to investigate the crimes committed in all the municipalities all over the country, the government was constrained to assign this function to judges of Municipal Trial Courts and Municipal Circuit Trial Courts. [13] Thus, when a municipal judge conducts preliminary investigation, he performs a non-judicial function as an exception to his usual duties. His findings, therefore, are subject to review by the provincial or city prosecutor whose findings, in turn, may be reviewed by the Secretary of Justice in appropriate cases. Hence, the investigating judge, after conducting a preliminary investigation, must perform his ministerial duty to transmit within ten (10) days the resolution of the case together with the entire records to the provincial or city prosecutor. [14]
It is true that the determination of the existence of probable cause for the issuance of a warrant of arrest is a judicial function which is beyond the reviewing power of the prosecutor. However, distinction should be made between a preliminary inquiry for the determination of probable cause for the issuance of a warrant of arrest and a preliminary investigation to ascertain whether or not a person should be held for trial. The first is a judicial function while the second is an executive function. [15] Even if the investigating judge finds no sufficient ground to issue a warrant of arrest, he is still duty-bound to transmit the records to the provincial or city prosecutor. The prosecutors reviewing power shall affect only his conclusion as to whether or not a criminal complaint or information should be filed against the respondent, but not his conclusion as to the propriety of issuing a warrant of arrest. We now come to the warrants of arrest issued by the respondent judge. The issuance of a warrant of arrest is addressed to the sound discretion of a judge. Provided there is no grave abuse of discretion or malice, a mistake on his part in the determination of probable cause will not subject him to disciplinary action. He is nevertheless expected to follow strictly the procedure laid down in the rules regarding its issuance. Failure to comply with such procedure will make him administratively liable. [16] In the case at bar, respondent judge issued several warrants of arrest without examining the complainant and his witnesses in writing and under oath, in violation of Section 6 of Rule 112 which provides: Sec. 6. When warrant of arrest may issue. x x x (b) By the Municipal Trial Court. If the municipal trial judge conducting the preliminary investigation is satisfied after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice, he shall issue a warrant of arrest. The records show that respondent judge has violated the rules on preliminary investigation and issuance of a warrant of arrest since the start of his term as municipal judge in Batac, Ilocos Norte in September 1991. The gross ignorance of respondent judge has immensely prejudiced the administration of justice. Parties adversely affected by his rulings dismissing their complaints after preliminary investigation have been denied their statutory right of review that should have been conducted by the provincial prosecutor. His practice of issuing warrants of arrest without examining the complainants and their witnesses is improvident and could have unnecessarily deprived the accused of their liberty however momentary it may be. Our Constitution requires that all members of the judiciary must be of proven competence, integrity, probity and independence. [17] Respondent judges stubborn adherence to improper procedures and his constant violation of the constitutional provision requiring him to personally examine the complainant and the witness in writing and under oath before issuing a warrant of arrest makes him unfit to discharge the functions of a judge. [18]
IN VIEW WHEREOF, respondent Judge Efren F. Albano is DISMISSED from the service with forfeiture of all leave credits and retirement benefits and with disqualification for reemployment in the national and local governments, as well as in any governmental instrumentality or agency, including government-owned or controlled corporations. This decision is immediately executory and the respondent judge is further ordered to cease and desist from discharging the functions of his office upon receipt of this Decision. Let a copy be entered in the personal records of the respondent. SO ORDERED.