1/25/2020 5 Bongalonta vs Castillo | Pleading | Judgment (Law)

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BONGALONTA vs CASTILLO and MARTIJA 'e(d& 4es. The !upreme Court agreed with the BP Board of +o#ernors3
findings.
CBD Case No. 176 January 20 1!!"
The practice of law is not a right but a pri#ilege bestowed b$ the
#a$%s& Complainant Bongalonta charged respondents Castillo and Martija, !tate on those who show that the$ possess, and continue to possess, the
both members of the Philippine Bar, with unjust and unethical conduct, to 5ualifications re5uired b$ law for the conferment of such pri#ilege. 1ne of
wit: representing conflicting interests and abetting a scheme to frustrate the these re5uirements is the obser#ance of honest$ and candor. Courts are
execution or satisfaction of a judgment which complainant might obtain. entitled to expect onl$ complete candor and honest$ from the law$ers
appearing and pleading before them. " law$er, on the other hand, has the
fundamental dut$ to satisf$ that expectation. 6or this reason, he is re5uired
The letter-complaint stated that complainant filed with the egional Trial
to swear to do no falsehood, nor consent to the doing of an$ in court.
Court of Pasig, for estafa, against the !ps. "buel. !he also filed a separate
ci#il action, where she was able to obtain a writ of preliminar$ attachment
and b$ #irtue thereof, a piece of real propert$ registered in the name of the
!ps. "buel under TCT %o. &'&() was attached. "tt$. Pablito Castillo was
the counsel of the !ps. "buel in the aforesaid criminal and ci#il cases. epublic of the Philippines
S)*R+M+ CO)RT
*uring the pendenc$ of these cases, one +regorio antin filed for collection Manila
of a sum of mone$ based on a promissor$ note, also with the Pasig egional
Trial Court, against the !ps. "buel. n the said case +regorio antin was T7* *8!1%
represented b$ "tt$. "lfonso Martija. n this case, the !ps. "buel were
declared in default for their failure to file the necessar$ responsi#e pleading
and e#idence ex-parte was recei#ed against them followed b$ a judgment
b$ default rendered in fa#or of +regorio antin. " writ of execution was, in CBD Case No. 176 January 20 1!!"
due time, issued and the same propert$ pre#iousl$ attached b$ complainant
was le#ied upon.
SALL, D. BONGALONTA complainant,
#s.
Complainant further alleged that, in all the pleadings filed in the three &/
ATT,. *ABLITO M. CASTILLO and AL#ONSO M.
aforementioned cases, "tt$. Pablito Castillo and "tt$. "lfonso Martija
MARTIJA respondents.
placed the same address, the same PT and the same BP receipt number.

 9 ! 1   T  1 %
The BP Board of +o#ernors dismissed the case against Martija, and
recommended that "tt$. Pablito M. Castillo be suspended from the practice
of law for a period of six 0/ months for using the BP 1fficial eceipt %o.  
of his co-respondent "tt$. "lfonso M. Martija.
M+LO  J.:
Issue& 2hether the BP Board of +o#ernors recommendation of Castillo3s
suspension be granted n a sworn letter-complaint dated 6ebruar$ ;<, ;==<, addressed to the
Commission on Bar *iscipline, %ational +rie#ance n#estigation 1ffice,
ntegrated Bar of the Philippines, complainant !all$ Bongalonta charged

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Pablito M. Castillo and "lfonso M. Martija, members of the Philippine Bar, "mong the se#e
"mong se#eral
ral docu
document
mentar$
ar$ exhi
exhibits
bits submi
submitted
tted b$
with unjust and unethical conduct, to wit: representing conflicting interests Bongalonta and attached to the records is a xerox cop$ of
and ab
abett
etting
ing a sch
schem
eme
e to fru
frustr
strate
ate the executi
execution
on or sat
satisf
isfac
actio
tion
n of a TCT %o. &'&(), which Bongalonta and the respondents
 judgment which complaina
 judgment whic h complainant might obtain.
nt might obtain. admitted to be a faithful reproduction of the original. "nd
admitted to be a faithful reproduction of the original. "nd
it cl
clea
earl
rl$
$ apappe
pear
ars
s ununde
der
r th the
e Me
Memomora rand
ndum
um of
The letter-complaint stated that complainant filed with the egional Trial 9ncumbrances on aid TCT that the %otice of e#$ in
Court of Pasig, Criminal Case %o. (0&<-<<, for estafa, against the !ps. fa#or of Bongalonta and her husband was registered and
uisa and !olomer "buel. !he also filed, a separate ci#il action Ci#il Case annotated in said title of 6ebruar$ (, ;='=, whereas, that
%o. <0=&), where she was able to obtain a writ of preliminar$ attachment in fa#
fa#or
or of +re
+regor
gorio
io a
anti
ntin,
n, on 1c
1ctob
tober
er ;', ;='
;='=.=.
and b$ #irtue thereof, a piece of real propert$ situated in Pasig, i>al and %eed
%e edle
less
ss to st
stat
ate,
e, th
the
e no
noti
tice
ce of le
le#$
#$ in fafa#o
#or
r of
regist
registere
ered
d in the name of the !ps. "bu
"buel
el und
under
er TCT %o. &'&
&'&()
() wa
wass Bongalonta and her husband is a superior lien on the said
tt h d "tt P blit C till th
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l f th ! "b l i th registere
registeredd prop
propert$
ert$ of the "buel spouses o#er that of
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1/25/2020 5 Bongalonta vs Castillo | Pleading | Judgment (Law)
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attached. "tt$. Pablito Castillo was the counsel of the !ps. "buel in the
aforesaid criminal and ci#il cases.
registered
registered prop
propert$
+regorio antin.
ert$ of the "buel spouses o#er that of

*uring the pendenc$ of these cases, one +regorio antin filed ci#il CaseConse5uentl$, the
Conse5uentl$
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%o. <'0<? for collection of a sum of mone$ based on a promissor$ note,

representing conflicting interests and abetting a
representing conflictin
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, the charge against the two respondents 
charge against the two respondents  i.e.
g interests and abetting a scheme to
scheme to
frustrate the execution or satisfaction of a judgment which

also with the Pasig egional Trial Court, against the !ps. "buel. n the said
case +regorio antin was represented b$ "tt$. "lfonso Martija. n this case, Bongalonta
Bongalon ta and her husba
husband
nd mig
might
ht obta
obtain
in aga
against
inst the
the !ps. "buel were declared in default for their failure to file the necessar$
the !ps. "buel were declared in default for their failure to file the necessar$ "buel spouses/ has no leg to stand on.
responsi#e
respo nsi#e plea
pleading
ding and e#id
e#idenc
encee ex-parte was rec
recei#e
ei#ed
d aga
against
inst them
followed b$ a judgment b$ default rendered in fa#or of +regorio antin. "
OR 7owe#er, as to the fact that indeed the two respondents
writ of execution was, in due time, issued and the same propert$ pre#iousl$ placed
placed in their appe
appearan
arances
ces and in their pleadings
pleadings the
attached b$ complainant was le#ied upon.
attached b$ complainant was le#ied upon. same BP %o. @A)0(AA dated
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;-;A-''@, respondent "tt$. Pablito M. Castillo deser#es to
t is fur
furthe
ther
r all
alleg
eged
ed tha
that
t in all the pl
plea
eadin
dings
gs fil
filed
ed in the
these
se thr
three
ee &/ be !
!!P
!P9%9%*9
*9* * fo
for
r us
usin
ing,
g, ap
appa
pare
rent
ntl$
l$ th
thru
ru hihiss
aforemen
aforementione
tioned
d case
cases,
s, "tt$
"tt$.
. Pabl
Pablito
ito Casti
Castillo
llo and "tt$
"tt$. first 30 days are free.
. "lfo
"lfonso
nso Marti
placed the same address, the same PT and the same BP receipt number to
placed the same address, the same PT and the same BP
Martija
ja
receipt number to
negligence, the BP official receipt number of respondent
"tt$. "lfonso M. Martija. "ccording to the records of the

wit@ Permanent ight Center, %o. (, A;st "#enue, Cubao, ue>on Cit$, BP %ational 1ffice, "tt$. Castillo paid P;,?)?.?? as his
delin5uent and current membership dues, on 6ebruar$ A?,
PT %o. 0A=);; dated ;;-<-'= BP %o. A)0(AA dated ;-;A-''.
;==?,
;==? , unde
under
r BP 1.. %o. A=??<&',
A=??<&', afte
after
r Bong
Bongalon
alonta
ta

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filed
filed her complain
complaint t wit
with
h the BP Com
Commit
mittee
tee on Bar
Thus, complainant concluded that ci#il Case %o. <'0<? filed b$ +regorio
*iscipline.
antin was merel$ a part of the scheme of the !ps. "buel to frustrate the
satisfact
satisfaction
ion of the mone$ judg
judgment which complai
ment which complainant might
nant might obta
obtain
in in
Ci#il Case %o. <0=&). The explanation of "tt$. Castillos Cashier-!ecretar$ b$
the name of 9ster 6raginal who alleged in her affida#it
dated March ), ;==&, that it was all her fault in placing
"fter hearing, the BP Board of +o#ernors issued it esolution with the
the BP off
offici
icial
al rec
receip
eipt
t num
number
ber pe
perta
rtaini
ining
ng to "tt
"tt$.
$.
following findings and recommen
following findings and recommendations:
dations:
"lfonso M. Martija in the appearance and pleadings "tt$.
"lfonso M. Martija in the appearance and pleadings "tt$.
Castil
Cas tillo
lo and in failing
failing to pa$ in due time
time the BP

LEGPROF-03-Ulep Dalisay v Mauricio In Re Gutierrez 1. Bongalonta vs. In Re Petition of MARTELINO v

v. Legal Clinic In… Castillo and… Ramon… Alejandro Dige
 

membersh
membe rship
ip due
dues
s of he
her
r em
emplo
plo$e
$er,
r, des
deser#
er#es
es sca
scant
nt
consideration, for it is the bounded dut$ and obligation of
e#er$ law$er to see to it that he pa$s his BP membership
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dues on time
time,
, espe
especial
ciall$
l$ whe
when
n he practices
practices befo
before
re the
courts, as re5uired b$ the !upreme Court.
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2799619, it is respectfull$ recommended that "tt$.
OR
Pablito M. Castillo be !!P9%*9* from the practice of
law for a period of six 0/ months for using the BP
Become a Scribd member for full access. Your
1fficial eceipt %o. of his co-respondent "tt$. "lfonso
first 30 days are free.
M. Martija.

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The comp
compla
lain
int
t ag
agai
ains
nst
t "t
"tt$
t$.
. Ma
Martrtij
ija
a is he
here
reb$
b$
*!M!!9* for lacD of e#idence. pp. A-), esolution/
*!M!!9* for lacD of e#idence. pp. A-), esolution/

The Court agrees with the foregoing findings and recommendations. t is

well to stress again that the practice of law is not a right but a pri#ilege
bestowed b$ the !tate on those who show that the$ possess, and continue to
possess,
possess, the 5ualificati
5ualifications
ons re5uired
re5uired b$ law for the conf
conferme
erment
nt of such
pri#ilege.
pri#ilege. 1ne of these re5uiremen
re5uirements
ts is the obser#ance
obser#ance of hone
honest$
st$ and
candor. Courts are entitled to expect onl$ complete candor and honest$
from the law$ers appearing and pleading before them. " law$er, on the
Reward Your Curiosity
other hand, has the fundamental dut$ to satisf$ that expectation. for this
reason, he is re5uired to swear to do no falsehood, nor consent to the doing
Everything you want to read.
of an$ in court.
Anytime. Anywhere. Any device.
27996
279 961919, , fin
findin
ding
g res
respon
ponden
dent
t "tt
"tt$.
$. Pab
Pablit
lito
o M. Cas
Castil
tillo
lo gu
guilt
ilt$
$
committing a falsehood in #iolation of his law$ers oath and of the Code of
Professional esponsibilit$, the Court 
Professional esponsibilit$ , the Court  esol#ed to !!P9%* him from the
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1/25/2020 5 Bongalonta vs Castillo | Pleading | Judgment (Law)

practice
practice of law for a pe
perio
riod
d of six 0/ mon
months
ths,
, wit
with
h a wa
warni
rning
ng tha
thatt
commission of the same or similar offense in the future
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 will result in the
imposition of a more se#ere penalt$. " cop$ of the esolution shall be
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spread
spread on the perso
personal
nal record of resp
responde
ondent
nt in the 1ffi
1ffice
ce of the Bar
Confidant.
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 Feliciano, Bidin, Romero and Vitug, JJ., concur.

 Feliciano, Bidin, Romero and Vitug, JJ., concur.
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LEGPROF-03-Ulep Dalisay v Mauricio In Re Gutierrez 1. Bongalonta vs. In Re Petition of MARTELINO v
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