FELICITAS S.

QUIAMBAO
vs
ATTY. NESTOR A. BAMBA
A.C. 6708 August 25, 2005 Davide Jr.
Legal Ethics: Conflict of Interest

DOCTRINE:
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 lawyers private activity or in the performance of a function in a non-
professional capacity. In the process of determining whether there is a conflict of interest, an important criterion
is probability, not certainty, of conflict.

FACTS:
Bamba was the legal counsel of Allied Investigation Bureau, Inc. (AIB) which is a family-owned business.
Complainant Quiambao was the president and managing director of the business. She said that their relation
was not only corporate but also personal because she hired him for an ejectment case which he took. While this
ejectment case was still pending, Quiambao resigned and started her own company which AIB filed a case for
replevin and damages with Bamba as the company’s counsel. He did this without letting go of the case he was
handling for Quiambao.
Additionally, Bamba was also disloyal and double dealing. He was the counsel of AIB, then silent partner of
Quiambao’s new company, Quiambao Risk Management Specialists, Inc., (QRMSI), and was paid attorneys
fees for his legal services in organizing and incorporating QRMSI. He planned to steal steal clients from AIB but
at the same time he was convincing the complainant’s brother to start his own company, San Esteban Security
Services, Inc. (SESSI) where he (the respondent) served as its incorporator, director, and president. The
respondent and Leodegario Quiambao 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.
Bamba admits to these allegations partially saying that he did represent Quiambao in ejectment case while
representing AIB for their case of replevin for damages against Quiambao but did not admit to being a silent
partner in QRMSI. He also acted in different capacities for AIB and SESSI, legal counsel for the former and
president for the latter.

ISSUE:
Whether the respondent is guilty of misconduct for representing conflicting interests in contravention of the
basic tenets of the legal profession.

DECISION:
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.

HELD:
YES. There is a conflict of interest in this case because Bamba had multiple dealings with Quiambao and the
different companies which violated the lawyer-client relationship because of the disloyalty and double-dealing
that was happening. He was using privileged information in business which prevents the proper administration
of justice. Bamba is guilty for unethical and immoral acts contrary to the basic tenets of the legal profession.