Legal Ethics 6-15 Full Cases

8/9/2019 Legal Ethics 6-15 Full Cases

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6. ALCALA VS DE VERA

Republic of the Philippines

SUPREME COURTManila

EN BANC

A.C. No. 620 March 21, 1974

JOSE ALCALA an AVEL!NA !MPER!AL, petitioners,vs.

"ONESTO DE VERA, respondent.

MU#O$ PALMA, J.:p

On May 1, 1!", #ose Alcala $no% deceased& and his %ife, Avelina '(perial, filed this present

petition for disbar(ent a)ainst respondent *onesto de +era, a practicin) attorney of ocsin, Albay,

%ho %as retained by the( as their counsel in civil case -"/ of the Court of 0irst 'nstance of Albay,

entitled 2Ray 3e(enchu4 vs. #ose Alcala2.

Co(plainants char)e Atty. *onesto de +era %ith )ross ne)li)ence and (alpractice 1& for havin)

(aliciously and deliberately o(itted to notify the( of the decision in civil case -"/ resultin) in the

deprivation of their ri)ht to appeal fro( the adverse 5ud)(ent rendered a)ainst the(6 and -& forrespondent7s indifference, disloyalty and lac4 of interest in petitioners7 cause resultin) to their

da(a)e and pre5udice.

Respondent attorney, in his ans%er to these char)es, asserted that he notified his clients of the

decision in 8uestion and that he defended co(plainants7 case to the best of his ability as de(anded

by the circu(stances and that he never sho%ed indifference, lac4 of interest or disloyalty to their

cause.

9he 3olicitor :eneral, to %ho( this Court referred this case for investi)ation, report and

reco((endation, substantially found the follo%in)

Civil case -"/ %as an action for annul(ent of a sale of t%o parcels of land $lots Nos. 1//; and

1//< covered by 9C9 Nos. 9=1-


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balance of the purchase price of the lots sold, the e>penses of notarials, internal revenue,

re)istration, etc. plus da(a)es and attorney7s fees.

On April 1, 1!hibit A& rescinded6

$b& @irectin) the plaintiff to deliver to the defendants the possession of lot No. 1//isted, to %it a s4etch of lot 1//; prepared by the vendee, 3e(enchu4, hi(self $E>h. =


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Ad(. Case&6 technical description of lot 1//; ta4en fro( co(plainants7 certificate of title $E>h. M=

Ad(. Case&6 s4etch plan of lot 1//; in relation to the ad5oinin) lots prepared by surveyor Mi)uel N.

Ro(ero $E>h. N=Ad( Case&6 a receipt for P1;.;; issued by surveyor Ro(ero for the preparation of

the s4etch, E>h. N $E>h. O=Ad(. Case& all of %hich docu(ents %ere turned over by #ose Alcala

to respondent before the trial of case -"/.

?e a)ree %ith the 3olicitor :eneral that there is no (erit to this particular char)e.

9he records of case -"/ sho% that upon a)ree(ent of the parties and their attorneys, the trial court

appointed a co((issioner to relocate lot 1//; and after conductin) such relocation, the

co((issioner reported to the Court that the lot existed, but that the same was in the possession of

other persons. 'nas(uch as the e>istence of lot 1//; had already been verified by the

co((issioner, it %as therefore unnecessary for respondent attorney to introduce in evidence

E>hibits 22, 2M2, 2N2, and 2O2, the purpose of %hich %as (erely to prove the e>istence of said lot. 'f

the co(plaint for rescission prospered it %as because of co(plainant Alcala7s failure to co(ply %ith

his obli)ation of transferrin) the (aterial or physical possession of lot 1//; to the vendee and for no

other reason6 hence, co(plainants had nobody to bla(e but the(selves. 9he fact that the plaintiff,3e(enchu4, %as not a%arded any da(a)es, attorney7s fees, and costs sho%s that respondent

attorney e>erted his ut(ost to resist plaintiff7s co(plaint.

-. ross negligence and malpractice committed !y respondent for failre to inform his clients of the

decision in case 2478

9he (atter in dispute %ith respect to this specific char)e is %hether or not respondent notified his

clients, the co(plainants herein, about the decision in case -"/. Respondent clai(s that he did

infor( his clients of the decision6 co(plainants insist the contrary.

?e a)ree %ith the 3olicitor :eneral that there is sufficient evidence on hand to prove thatrespondent ne)lected to ac8uaint his clients of the decision in case -"/.

As stated in the 3olicitor :eneral7s report, the reaction of co(plainant #ose Alcala %hen the %rit of

e>ecution in said civil case %as served upon hi( and his %ife by a sheriff %as such that it betrayed a

total una%areness of the adverse decision. 9he evidence sho%s that %hen he %as told about the

sheriff7s visit, #ose Alcala i((ediately in8uired fro( the trial Court the reason for the %rit of

e>ecution and it %as only then that he %as infor(ed that a decision had been rendered, that his

la%yer received a copy thereof since April 1, 1!ecutory. Alcala then sou)ht the help of his brother, Atty. Ernesto Alcala, in Manila

and the latter %rote to respondent in8uirin) as to %hat steps %ere ta4en, if any, to prosecute an

appeal fro( the decision in 8uestion but respondent chose not to ans%er the letter. 9hereafter,Alcala instituted an action for da(a)es and filed the instant co(plaint for disbar(ent.

As aptly observed by the 3olicitor :eneral

A)ain, %e do not thin4 petitioner Alcala %ould have felt so a))rieved and e(bittered

by the loss of his ri)ht to appeal the decision in Civil Case No. -"/ so as to ta4e all

these le)al steps a)ainst respondent, %ith all the attendant trouble and e>pense in


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doin) so, if it is not true, as he alle)ed, that the latter indeed did not notify hi( of said

decision. ?e believe and so sub(it, therefore, that respondent really failed to infor(

petitioners of the decision in Civil Case No. -"/, and this %as also the findin) (ade

by the Court of 0irst 'nstance of Albay in its decision in Civil Case No. --< for

da(a)es filed by petitioners a)ainst respondent, and by the Court of Appeals in the

appeal ta4en by respondent fro( said decision. $pp. ercise e>traordinary

dili)ence, but only a reasonable de)ree of care and

s4ill, havin) reference to the character of the businesshe underta4es to do. 0allible li4e any other hu(an

bein), he is ans%erable to every error or (ista4e, and

%ill be protected as lon) as he acts honestly and in

)ood faith to the best of his s4ill and 4no%led)e.

Moreover, a party see4in) da(a)es resultin) fro( a

5ud)(ent adverse to hi( %hich beca(e final by

reason of the alle)ed fault or ne)li)ence of his la%yer


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(ust prove his loss due to the in5ustice of the

decision. *e cannot base his action on the

unsubstantiated and arbitrary supposition of the

in5ustice of the decision. $9uDon vs. @onato, / O.:.

!"/;&.2

$E>h. 2@2,id.6 pp. h. 292&, affir(ed, ho%ever, the lo%er court7s findin) that petitioners %ere

not entitled to the da(a)es clai(ed by the( by reason of respondent7s failure to

notify the( of the decision in Civil Case No. -"/. ... ?hile the rule of res #dicata in

civil or cri(inal cases is not, strictly spea4in), applicable in disbar(ent proceedin)s,%hich is neither a civil or a cri(inal proceedin) intended to punish a la%yer or afford

redress to private )rievances but is a proceedin) si generis intended to safe)uard

the ad(inistration of 5ustice by re(ovin) fro( the le)al profession a person %ho has

proved hi(self unfit to e>ercise such trust $p. -;, Martin, e)al and #udicial Ethics6

Re eenan, /! AR !6 @e #esus=Paras vs. +ailoces, Ad(. Case No. "


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No. , #uly


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?*ERE0ORE, on the basis of the evidence, the report and reco((endation of the 3olicitor

:eneral, and the fact that this appears to be the first (isconduct of respondent in the e>ercise of his

le)al profession, ?e hereby hold said respondent :G'9H only of si(ple ne)li)ence in the

perfor(ance of his duties as a la%yer of co(plainants, and ?e hereby 3E+EREH CEN3GRE hi(.

et this decision be noted in respondent7s record as a (e(ber of the Bar in this Court.

3O OR@ERE@.

/akalintal, %.0., 1aldivar, %astro, ernando, 3eehankee, arredo, /akasiar, $ntonio, 5sgerra,

ernande6 and $ino, 00., concr.

%oo&no&'(

1 C.A. :.R. No.


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MENARDO C. POL!CARP!O an LOURDES POL!CARP!O, petitioners,vs.

"ONORA-LE COURT O% APPEALS, EVELN . CATA-AS, ROMULO . CATA-AS anCLEMENTE CATA-AS, respondents.

0lian . 9ap for petitioners.

/anel . onacier, 0r. for private respondents.

)UT!ERRE$, JR., J.:p

9his petition as4s for the settin) aside of the April penses

paid for by appellees6 and $tent of P1",;;;.;; $unpaid

balance of the purchase price& less %hatever a(ount is to be paid to PC'B for the

outstandin) (ort)a)e loan obli)ation of appellees %ith said ban4. $+ollo, p. "&

On Nove(ber -,1/ecuted a 2Contract to

3ell2 %hereby the private respondents a)reed to buy and the petitioners=spouses to sell a residential

lot of about


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9he 2Contract to 3ell2 also provides that failure on the part of the vendees to pay the balance on the

first %ee4 of @ece(ber, 1/< %ill auto(atically annul the contract and the vendors shall i((ediately

return the do%npay(ent and that after full pay(ent of the purchase price the vendors shall e>ecute

a deed of absolute sale in favor of the vendee.

9he private respondents %ere not able to pay the balance price on the first %ee4 of @ece(ber 1/ecution of the Contract to 3ell6 $-& P;,;;;.;; on May , 1/"6 $


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pursue their PA:='B': loan, if they still so desire %ith the defendants7 title as security.

$pa)e


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'n vie% of the conflictin) findin)s of facts of the trial court and the appellate court %e have decided to

revie% the evidence on record in order to arrive at the correct findin)s based on the record. $RobleDa

v. Court of Appeals, 1" 3CRA


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Per the re8uest of our client, %ith the confor(ity of Mr. Policarpio herein )iven, %e

shall release to you the a(ount of N'NE9H 3' 9*OG3AN@ 9*REE *GN@RE@

9*'R9H 3E+EN F "J1;; $P!,


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On this (atter, %e are inclined to )ive (ore credence to the trial court7s findin)s as they are borne

by the evidence on record, to %it

9he Court finds credence in the defendants7 clai( that the parties verbally a)reed to

increase the consideration to Pistence of E>hibit 22. 9he appellate court

states

9he trial court revealed the pivotal factor upon %hich it based its choice in reposin)

)reater belief in appellee Meynardo Policarpio7s testi(ony. 't is this factor, the trial

court said, that reinforced the truth of appellee7s clai( re)ardin) the e>istence of an

oral a)ree(ent to increase the purchase price. 3aid the trial court

>>> >>> >>>

Gnfortunately, no such 7E>h. 22 e>ists in the record. 9he actual 7E>h. 22 included

a(on) the docu(entary evidence on record is a letter dated Nove(ber , 1/

si)ned 5ointly by Grban Ban47s Assistant +ice=President Prudeno . Natividad and


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Mort)a)e 3upervisor Marie Celine R. :orres and addressed to appellee Evelyn

Catabas. $+ollo, pp. "/="&

9he record, ho%ever, reveals the e>istence of E>hibit . 'n fact, the private respondents the(selves

confir( the e>istence of the Nove(ber -ecution only to facilitate the release of the private respondents7 PA:=

'B': loan fro( Grban Ban4. 't also )ives credence to the petitioners=spouses7 contention that they

a)reed to push thru %ith the sale provided the price %ould be raised to Pecution of the Contract to 3ell. *ence, the )race period to paythe balance of P-!;,;;;.;; up to the first %ee4 of @ece(ber 1/pectin) the release of the loan they applied for %hich %as bein)

follo%ed up by their ac8uaintance at Grban Ban4. 9he deadline ca(e and passed but

no pay(ent %as (ade. 9he contract provided that failure to pay the balance %ill

2auto(atically cancel this contract and the vendor shall i((ediately return the

do%npay(ent of P1;,;;;.;;, to the +endees2 but the transaction %as not called off

nor the Pl;,;;;.;; returned. Evidently, the parties %anted the sale to )o throu)h.


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@efendant Meynardo Policarpio testified, and it %as not denied, that the plaintiffs

re8uested the defendants to %ait a little lon)er as the person supposed to help

hasten the release of the loan %as busy since it %as Christ(as ti(e then, and to that

re8uest, the defendants acceded. 9his is the lo)ical e>planation of the plaintiffs

(ovin) into the pre(ises on @ece(ber 1/, 1/


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title, a(on) other thin)s, before the for(er pays off the (ort)a)e balance thereat as

a pre=condition for the release of the loan. 9he plaintiffs are no% in estoppel to

assu(e5ust because it is e>pedient to do so a posture inconsistent %ith this

clear narration of facts. 9o hold the defendants responsible for an act that PC'B alone

could do is decidedly illo)ical and puerile $+ollo, pp. /=/&

Moreover, under the contract to sell, it is provided therein that failure on the part of the vendees

$private respondents& to pay the balance of the price on the first %ee4 of @ece(ber 1/< %ill

auto(atically cancel the contract. 9he private respondents7 obli)ation to pay %as a suspensive

condition to the obli)ation of the petitioners=spouses to sell and deliver the sub5ect property. 3ince,

ad(ittedly, the private respondents failed on their obli)ation to pay, this rendered the contract to sell

ineffective and %ithout force and effect. $ee3pouses Eduardo and Ann A)ustin v. Court of Appeals

:.R. No. /"1, #une !, 1;&

9he subse8uent e>ecution of the deed of sale did not in any (anner transfer o%nership of the

property to the private respondents. 't is clear that the deed of sale %as e>ecuted (erely to facilitate

the release of the private respondents7 PA:='B': loan fro( the Grban Ban4 and not for the purposeof actually transferrin) o%nership.

?ith these findin)s, %e rule that the private respondents are not entitled to specific perfor(ance.

9he obli)ation in a contract of sale is reciprocal. $CorteD v. Bibao and Borro(eo "1 Phil. -/

K1-;L&. 3ince, the vendees ad(ittedly had not paid the full price of the property %hich %as their

obli)ation under the sub5ect contract they cannot no% co(pel perfor(ance of the said contract.

Gnder the facts of the case, %e a)ree %ith the trial court that the petitioners=spouses are entitled to

(oral da(a)es, to %it

9he defendants7 clai( of the trau(a they suffered upon bein) sued by the plaintiffsinspires belief. After doin) everythin) in )ood faith %ithin their capability to help

accelerate the release of plaintiffs7 loan, their shoc4 %as understandable %hen the

plaintiffs, in braDen disre)ard of their failure to co(ply %ith their contractual

obli)ation, suddenly filed the instant co(plaint. Rather than bein) co((ended, as

should have been e>pected, for %al4in) the Biblical second (ile in )enerous

acco((odation of the plaintiffs, the defendants %ere instead uncere(oniously

brou)ht to Court. $+ollo, p. ;&

*o%ever, %e find the a%ard of Pcessive. 'n the case of :rdenciado

v.$lliance 3ransport ystem, Inc. $1"/ 3CRA ""; K1/L& cited in +adio %ommnications of the

:hilippines, Inc.+%:I, et al.v.+odrige6, :.R. No. /pense of a

defendant. 9hey are accorded only to enable the in5ured party to obtain (eans, diversion or

a(use(ents that %ill serve to alleviate the (oral sufferin) he has under)one by reason of the

defendants7 culpable action. 9he a%ard of (oral da(a)es (ust be proportionate to the sufferin)

inflicted.2 ?e rule that the a(ount of P1,;;;.;; as (oral da(a)es in favor of the petitioners=

spouses %ould be reasonable considerin) the facts and circu(stances of the case.


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9he a%ard of P-;,;;;.;; e>e(plary da(a)es is not proper considerin) that there is no sho%in) that

the private respondents acted in 2a %anton, fraudulent, rec4less, oppressive, or (alevolent (anner.2

$Article --


18/98

9*'R@ @'+'3'ON

A.M. No. 2+/* March /, 19/9

JOSE TOLOSA, co(plainant,

vs.AL%REDO CAR)O, respondent.

R E 3 O G 9 ' O N

%EL!C!ANO, J.:

On April 1/-, co(plainant #ose 9olosa filed %ith the Court an Affidavit= Co(plaint dated March

1/- see4in) the disbar(ent of respondent @istrict CitiDens7 Attorney Alfredo Car)o for i((orality.

Co(plainant clai(ed that respondent had been seein) his $co(plainant7s& %ife Priscilla M. 9olosa inhis house and else%here. Co(plainant further alle)ed that in #une 1/1, his %ife left his con5u)al

ho(e and %ent to live %ith respondent at No. " 3isa 3treet, Barrio 9ene5eros, Malabon, Metro

Manila and that since then has been livin) %ith respondent at that address.

Co(plyin) %ith an order of this Court, respondent filed a 2Co((ent andJor Ans%er2 dated 1< May

1/- denyin) the alle)ations of co(plainant. Respondent ac4no%led)ed that co(plainant7s %ife had

been seein) hi( but that she bad done so in the course of see4in) advice fro( respondent $in vie%

of the continuous cruelty and un%arranted (arital accusations of affiant Kco(plainantL a)ainst her&,

(uch as co(plainant7s (other=in=la% had also fre8uently sou)ht the advice of respondent and of his

%ife and (other as to %hat to do about the2 continuous 8uarrels bet%een affiant and his %ife and the

beatin)s and physical in5uries $so(eti(es less serious& that the latter sustained fro( the for(er.2$+ollo, p. /&.

Co(plainant filed a Reply dated 1! #une 1/- to respondent7s 2Co((ent andJor Ans%er2 and (ade

a nu(ber of further alle)ations, to %it

$a& 9hat co(plainant7s %ife %as not the only (istress that respondent

had ta4en6

$b& 9hat respondent had paid for the hospital and (edical bills of

co(plainant7s %ife last May 1/1, and visited her at the hospital

everyday6

$c& 9hat he had several ti(es pressed his %ife to stop seein)

respondent but that she had refused to do so6

$d& 9hat she had ac8uired ne% household and electrical appliances

%here she %as livin) althou)h she had no (eans of livelihood6 and


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$e& 9hat respondent %as payin) for his %ife7s house rent.

Respondent filed a Re5oinder on 1 #uly 1/-, denyin) the further alle)ations of co(plainant, and

statin) that he $respondent& had (erely )iven co(plainant7s %ife the a(ount of Ph. 7M7, N7 and 77&.

. 9hat %hen Priscilla %as hospitaliDed in May, 1/-, at the 0EG

*ospital, respondent paid for her e>penses and too4 care of her $tsn,

pp. 1/=-;, #une 1, 1/


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Respondent7s defenses %ere su((ariDed by the 3olicitor :eneral in the follo%in) (anner

a& 9hat Priscilla used to see respondent for advice re)ardin) her

difficult relationship %ith co(plainant6 that Priscilla left co(plainant

because she suffered (altreat(ent, physical in5uries and public

hu(iliation inflicted or caused by co(plainant6

b& 9hat respondent %as not courtin) Priscilla, nor lived %ith her at No.

" 3isa 3t., 9ene5eros, Malabon, Metro Manila6 that the o%ner of the

house %here Priscilla lived in Malabon %as a friend and for(er client

%ho( respondent visited no% and then6

c& 9hat respondent only )ave Ppenses6 that he repri(anded

co(plainant for lyin) on the bed of Priscilla in the hospital %hich led

to their bein) investi)ated by the security )uards of the hospital6

d& 9hat it is not true that he %as %ith Priscilla holdin) hands %ith her

in Cubao or 3to. @o(in)o Church in 1/;6

e& 9hat Priscilla bou)ht all the appliances in her apart(ent at " 3isa

3treet, 9ene5eros, Malabon, Metro Manila fro( her earnin)s6

f& 9hat it is not true that he ran after co(plainant and tried to stab hi(

at No. 1 :alas 3t., ueDon City6 that said incident %as bet%een

Priscilla7s brother and co(plainant6

)& 9hat it is also not true that he is al%ays in " 3isa 3t., 9ene5eros,Malabon, Metro Manila andJor he had a 8uarrel %ith co(plainant at

" 3isa 3t., Malabon6 that the 8uarrel %as bet%een Priscilla7s brother,

Ed)ardo Miclat, and co(plainant6 that respondent %ent there only to

intervene upon re8uest of co(plainant7s %ife $see tsn, #une -1,

1/"&. $+ollo, pp.


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9hus, the 3olicitor :eneral concluded that respondent had failed 2to properly deport hi(self by

avoidin) any possible action or behavior %hich (ay be (isinterpreted by co(plainant, thereby

causin) possible trouble in the co(plainant7s fa(ily,2 %hich behavior %as 2unbeco(in) of a la%yer

and an officer of the court.2 $+ollo, p. ";&. 9he 3olicitor :eneral reco((ended that respondent Atty.

Alfredo Car)o be suspended fro( the practice of la% for three $


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EN BANC

).R. No. 900/+ Oc&o'r 4, 1990

"ALTO PERE$ MA)LASAN), accused=petitioner,

vs.PEOPLE O% T"E P"!L!PP!NES, Pr'(33n J5' ERNESTO -. TEMPLADO San Caro( C3&8Co5r&, N'ro( Occ3'n&a, respondents.

/arceliano


24/98

'n his 2Opposition2, Atty. Castellano clai(ed that the co(plaint 2%as a constructive criticis(

intended to correct in )ood faith the erroneous and very strict practices of the #ustices

concerned, as Respondents $sic&. 9Atty. Castellano further disputed the authority and

5urisdiction of the Court in issuin) the Resolution re8uirin) hi( to sho% cause inas(uch as 2they

are Respondents in this particular case and no lon)er as #ustices and as such they have no

(ore 5urisdiction to )ive such order.210

9hus, accordin) to hi(, 2the (ost they $#ustices& can doby the (andate of the la% and procedure $sic& is to ans%er the co(plaint satisfactorily so that

they %ill not be punished in accordance %ith the la% 5ust li4e a co((on tao.2 11

Not%ithstandin) his clai( that the co(plaint %as a 2constructive criticis(,2 the Court finds the

various state(ents (ade by Atty. Castellano in the co(plaint he lod)ed %ith the Office of the

President of the Philippines and in his 2Opposition2 filed %ith the Court portions of %hich read as

follo%s

+'

9hat %ith all these in5ustices of the -nd @ivision, as assi)ned to that (ost *onorable3upre(e Court, the co(plainant %as le)ally constrained to file this Ad(inistrative

Co(plaint to our Motherly President %ho is fir( and deter(ined to phase=out all the

scalawags$Marcos Appointees and oyalists& still in your ad(inistration %ithout

bloodshed but by honest and 5ust investi)ations, %hich the accused=co(plainant concurs

to such procedure and principle, or other%ise, he could have by no% a rebel %ith the

undersi)ned %ith a cause for bein) maliciosly deprivedor un5ustly denied of E8ual

#ustice to be heard by our #ustices desi)nated to the *i)hest and (ost *onorable Court

of the and $3upre(e Court&6 12$E(phasis ours.&

+''

9hat the *onorable 3upre(e Court as a Court has no fault at all for bein) Constitutionally

created, but the #ustices assi)ned therein are fallables $sic&, bein) bias $sic&,playing

ignorance of the law and knowingly rendering n#st +esoltions the reason o!served !y

the ndersigned and !elieved !y him in good faith, is that they are may !e /arcos)

appointees, whose common intention is to sa!otage the $ino $dministration and to ro!

from innocent ilipino people the genine 0stice and ;emocracy, so that they will !e left

in confsion and trmoil to their advantage and to the pre#dice of or !eloved

:resident's honest, firm and determined ;ecision to !ring !ack the real 0stice in all or

%orts, for the happiness, content(ent and pro)ress of your people and the only country

%hich :od has )iven us. P*''PP'NE3.1+$E(phasis ours.&

+'''

9hat all respondents 4no% the la% and the pure and si(ple (eanin) of #ustice, yet they

refused to )rant to the poor and innocent accused=co(plainant, so to save their brethren

in ran4 and office $#udiciary& #ud)e Ernesto B. 9e(plado, . . . 14

'


25/98


26/98

he paid his dues. 20But he still fell short in co(plyin) fully %ith the re8uire(ents of Circular No.

1=//. *e failed to furnish the Court %ith duplicate ori)inal or duty certified true copies of the

other 8uestioned orders issued by the respondent trial court 5ud)e. At any rate, the e>planation

)iven by Atty. Castellano did not render his earlier ne)li)ence e>cusable. 9hus, as indicated in

our Resolution dated October 1/, 1/ %hich denied %ith finality his (otion for reconsideration,

2no valid or co(pellin) reason $havin) been& adduced to %arrant the reconsideration sou)ht.2Precisely, under para)raph of Circular No. 1=// it is provided that 2$3&ubse8uent co(pliance

%ith the above re8uire(ents %ill not %arrant reconsideration of the order of dis(issal unless it

be sho%n that such non=co(pliance %as due to co(pellin) reasons.2

't is clear that the case %as lost not by the alle)ed in5ustices Atty. Castellano irresponsibly

ascribed to the (e(bers of the Court7s 3econd @ivision, but si(ply because of his ine>cusable

ne)li)ence and inco(petence. Atty. Castellano, ho%ever, see4s to pass on the bla(e for his

deficiencies to the Court, in the hope of salva)in) his reputation before his client. Gnfortunately,

the (eans by %hich Atty. Castellano hoped to pass the buc4 so to spea4, are )rossly i(proper.

As an officer of the Court, he should have 4no%n better than to s(ear the honor and inte)rity of

the Court 5ust to 4eep the confidence of his client. 9i(e and a)ain %e have e(phasiDed that a

2la%yer7s duty is not to his client but to the ad(inistration of 5ustice6 to that end, his client7s

success is %holly subordinate6 and his conduct ou)ht to and (ust al%ays be scrupulously

observant of la% and ethics.2 219hus, 2%hile a la%yer (ust advocate his client7s cause in ut(ost

earnest and %ith the (a>i(u( s4ill he can (arshal, he is not at liberty to resort to arro)ance,

inti(idation, and innuendo.222

9o be sure, the Court does not pretend to be i((une fro( criticis(s. After all, it is throu)h the

criticis( of its actions that the Court, co(posed of fallible (ortals, hopes to correct %hatever

(ista4e it (ay have un%ittin)ly co((itted. But then a)ain, 2KiLt is the cardinal condition of all

such criticis( that it shall be !ona fideand shall not spill over the %alls of decency andpropriety. A %ide chas( e>ists bet%een fair criticis(, on the one hand, and abuse and slander

of courts and the 5ud)es thereof, on the other. 'nte(perate and unfair criticis( is a )ross

violation of the duty of respect to courts.2 2+'n this re)ard, it is precisely provided under Canon

11 of the Code of Professional Responsibility that

CANON 11=A A?HER 3*A OB3ER+E AN@ MA'N9A'N 9*E RE3PEC9 @GE 9O

9*E COGR93 AN@ 9O #G@'C'A O00'CER3 AN@ 3*OG@ 'N3'39 ON 3'M'AR

CON@GC9 BH O9*ER3.

>>> >>> >>>

RGE 11.;< A la%yer shall abstain fro( scandalous, offensive or (enancin)

lan)ua)e or behavior before the courts.

RGE 11.;" A la%yer should not attribute to a 5ud)e (otives not supported by the

record or have (ateriality to the case.

>>> >>> >>>


27/98

?e further note that in filin) the 2co(plaint2 a)ainst the 5ustices of the Court7s 3econd @ivision,

even the (ost basic tenet of our )overn(ent syste( the separation of po%ers bet%een the

5udiciary, the e>ecutive, and the le)islative branches has been lost on Atty. Castellano. ?e

therefore ta4e this occasion to once a)ain re(ind all and sundry that 2the 3upre(e Court is

supre(e the third )reat depart(ent of )overn(ent entrusted e>clusively %ith the 5udicial

po%er to ad5udicate %ith finality all 5usticiable disputes, public and private. No other depart(entor a)ency (ay pass upon its 5ud)(ents or declare the( 7un5ust.72 24Conse8uently, and o%in) to

the fore)oin), not even the President of the Philippines as Chief E>ecutive (ay pass 5ud)(ent

on any of the Court7s acts.

0inally, Atty. Castellano7s assertion that the co(plaint 2%as a constructive criticis( intended to

correct in )ood faith the erroneous and very strict practices of the #ustices, concerned as

Respondents $sic&2 is but a last (inute effort to sanitiDe his clearly unfounded and irresponsible

accusation. 9he arro)ance displayed by counsel in insistin) that the Court has no 5urisdiction to

8uestion his act of havin) co(plained before the Office of the President, and in clai(in) that a

conte(pt order is used as a %eapon by 5ud)es and 5ustices a)ainst practicin) la%yers, ho%ever,

reveals all too plainly that he %as not honestly (otivated in his criticis(. Rather, Atty. Castellano7sco(plaint is a vilification of the honor and inte)rity of the #ustices of the 3econd @ivision of the Court

and an i(peach(ent of their capacity to render 5ustice accordin) to la%.

?*ERE0ORE, Atty. Marceliano . Castellano is found )uilty of CON9EMP9 O0 COGR9 and

'MPROPER CON@GC9 as a (e(ber of the Bar and an officer of the Court, and is hereby ordered to

PAH %ithin fifteen $1& days fro( and after the finality of this Resolution a fine of One 9housand

$P1,;;;.;;& Pesos, or 3G00ER ten $1;& days i(prison(ent in the (unicipal 5ail of Calatrava,

Ne)ros Occidental in case he fails to pay the fine seasonably, and 3G3PEN@E@ fro( the practice of

la% throu)hout the Philippines for si> $!& (onths as soon as this Resolution beco(es final, %ith a

?ARN'N: that a repetition of any (isconduct on his part %ill be dealt %ith (ore severely. et notice

of this Resolution be entered in Atty. Castellano7s record, and be served on the 'nte)rated Bar of thePhilippines, the Court of Appeals, and the E>ecutive #ud)es of the Re)ional 9rial Courts and other

Courts of the country, for their infor(ation and )uidance.

3O OR@ERE@.

&arvasa, /elencio)>errera, tierre6, 0r., %r6, ancayco, :adilla, idin, armiento, %ortes, ri?o)

$ino, /edialdea and +egalado, 00., concr.

ernan, %.0., :aras and eliciano, 00., is on leave.

10. PLA VS A)RAVA


28/98


SUPREME COURTManila

EN BANC

).R. No. L;12426 %'r5ar8 16, 19*9

P"!L!PP!NE LAac3&8 a( D3r'c&or o? &h' Ph33>>3n'( Pa&'n&O??3c',respondent.

$rtro $. $lafri6 for petitioner.

@ffice of the olicitor eneral $m!rosio :adilla and olicitor :acifico :. de %astro for

respondent.

MONTEMAOR, J.:

9his is the petition filed by the Philippine a%yer7s Association for prohibition and in5unction

a)ainst Celedonio A)rava, in his capacity as @irector of the Philippines Patent Office.

On (ay -, 1, respondent @irector issued a circular announcin) that he had scheduled for

#une -, 1 an e>a(ination for the purpose of deter(inin) %ho are 8ualified to practice as

patent attorneys before the Philippines Patent Office, the said e>a(ination to cover patent la%

and 5urisprudence and the rules of practice before said office. Accordin) to the circular,

(e(bers of the Philippine Bar, en)ineers and other persons %ith sufficient scientific and

technical trainin) are 8ualified to ta4e the said e>a(ination. 't %ould appear that heretofore,

respondent @irector has been holdin) si(ilar e>a(inations.

't is the contention of the petitioner Philippine a%yer7s Association that one %ho has passed the

bar e>a(inations and is licensed by the 3upre(e Court to practice la% in the Philippines and

%ho is in )ood standin), is duly 8ualified to practice before the Philippines Patent Office, and

that conse8uently, the cat of the respondent @irector re8uirin) (e(bers of the Philippine Bar in

)ood standin) to ta4e and pass an e>a(ination )iven by the Patent Office as a condition

precedent to their bein) allo%ed to practice before said office, such as representin) applicants

in the preparation and prosecution of applications for patent, is in e>cess of his 5urisdiction and

is in violation of the la%.

'n his ans%er, respondent @irector, throu)h the 3olicitor :eneral, (aintains that the prosecution

of patent cases 2does not involve entirely or purely the practice of la% but includes the

application of scientific and technical 4no%led)e and trainin), so (uch so that, as a (atter of

actual practice, the prosecution of patent cases (ay be handled not only by la%yers, but also

en)ineers and other persons %ith sufficient scientific and technical trainin) %ho pass the

prescribed e>a(inations as )iven by the Patent Office6 . . . that the Rules of Court do not


29/98

prohibit the Patent Office, or any other 8uasi=5udicial body fro( re8uirin) further condition or

8ualification fro( those %ho %ould %ish to handle cases before the Patent Office %hich, as

stated in the precedin) para)raph, re8uires (ore of an application of scientific and technical

4no%led)e than the (ere application of provisions of la%6 . . . that the action ta4en by the

respondent is in accordance %ith Republic Act No. 1!, other%ise 4no%n as the Patent a% of

the Philippines, %hich si(ilar to the Gnited 3tates Patent a%, in accordance %ith %hich theGnited 3tates Patent Office has also prescribed a si(ilar e>a(ination as that prescribed by

respondent. . . .

Respondent further contends that 5ust as the Patent la% of the Gnited 3tates of A(erica

authoriDes the Co((issioner of Patents to prescribe e>a(inations to deter(ine as to %ho

practice before the Gnited 3tates Patent Office, the respondent, is si(ilarly authoriDed to do so

by our Patent a%, Republic Act No. 1!.

Althou)h as already stated, the @irector of Patents, in the past, %ould appear to have been

holdin) tests or e>a(inations the passin) of %hich %as i(posed as a re8uired 8ualification to

practice before the Patent Office, to our 4no%led)e, this is the first ti(e that the ri)ht of the

@irector of Patents to do so, specially as re)ards (e(bers of the bar, has been 8uestioned

for(ally, or other%ise put in issue. And %e have )iven it careful thou)ht and consideration.

9he 3upre(e Court has the e>clusive and constitutional po%er %ith respect to ad(ission to the

practice of la% in the Philippines1and to any (e(ber of the Philippine Bar in )ood standin) (ay

practice la% any%here and before any entity, %hether 5udicial or 8uasi=5udicial or ad(inistrative,

in the Philippines. Naturally, the 8uestion arises as to %hether or not appearance before the

patent Office and the preparation and the prosecution of patent applications, etc., constitutes or

is included in the practice of la%.

3he practice of law is not limited to the condct of cases or litigation in cort6 it e(braces the

preparation of pleadin)s and other papers incident to actions and social proceedin)s, the

(ana)e(ent of such actions and proceedin)s on behalf of clients before 5ud)es and courts,

and in addition, conveyin). 'n )eneral, all advice to clients, and all action ta4en for the( in

(atters connected with the lawcorporation services, assess(ent and conde(nation

services conte(platin) an appearance before a 5udicial body, the foreclosure of a (ort)a)e,

enforce(ent of a creditor7s clai( in ban4ruptcy and insolvency proceedin)s, and conductin)

proceedin)s in attach(ent, and in (atters of estate and )uardianship have been held to

constitute la% practice as do the preparation and draftin) of le)al instru(ents, where the

work done involves the determination !y the trained legal mind of the legal effect of facts and

conditions. $ A(. #ur. p. -!-, -!


30/98

aspects a high degree of legal skill, a %ide e>perience %ith (en and affairs, and )reat

capacity for adaptation to difficult and co(ple> situations. 9hese custo(ary functions of an

attorney or counselor at la% bear an inti(ate relation to the ad(inistration of 5ustice by the

courts. No valid distinction, so far as concerns the 8uestion set forth in the order, can be

dra%n bet%een that part %hich involves advice and draftin) of instru(ents in his office. 't is

of i(portance to the %elfare of the public that these (anifold custo(ary functions beperfor(ed by persons possessed of ade8uate learnin) and s4ill, of sound (oral character,

and actin) at all ti(es under the heavy trust obli)ations to clients %hich rests upon all

attorneys. $Moran, Co((ents on the Rules of Court, +ol. < $1< ed.&, p. !!=!!!, citin) 'n

re Opinion of the #ustices $Mass.&, 1" N.E.


31/98

le)al principles, practice and procedure. 9hey call for le)al 4no%led)e, trainin) and e>perience

for %hich a (e(ber of the bar has been prepared.

'n support of the proposition that (uch of the business and (any of the act, orders and

decisions of the Patent @irector involve 8uestions of la% or a reasonable and correct evaluation

of facts, the very Patent a%, Republic Act No. 1!, 3ection !1, provides that

. . . . 9he applicant for a patent or for the re)istration of a desi)n, any party to a proceedin)

to cancel a patent or to obtain a co(pulsory license, and any party to any other proceedin)

in the Office (ay appeal to the 3upre(e Court fro( any final order or decision of the

director.

'n other %ords, the appeal is ta4en to this 9ribunal. 'f the transaction of business in the Patent

Office and the acts, orders and decisions of the Patent @irector involved e>clusively or (ostly

technical and scientific 4no%led)e and trainin), then lo)ically, the appeal should be ta4en not to

a court or 5udicial body, but rather to a board of scientists, en)ineers or technical (en, %hich is

not the case.

Another aspect of the 8uestion involves the consideration of the nature of the functions and acts

of the *ead of the Patent Office.

. . . . 9he Co((issioner, in issuin) or %ithholdin) patents, in reissues, interferences, and

e>tensions, e>ercises 8uasi=5udicial functions. Patents are public records, and it is the duty of

the Co((issioner to )ive authenticated copies to any person, on pay(ent of the le)al fees.

$"; A(. #ur. ists up to the

)rantin) and deliverin) of a patent, and it is his duty to decide %hether the patent is ne% and

%hether it is the proper sub5ect of a patent6 and his action in a%ardin) or refusin) a patent is

a#dicial fnction. 'n passin) on an application the co((issioner should decide not only

8uestions of la%, but also estions of fact, as %hether there has been a prior public use or

sale of the article invented. . . . $!; C.#.3. "!;&. $E(phasis supplied&.

9he @irector of Patents, e>ercisin) as he does 5udicial or 8uasi=5udicial functions, it is

reasonable to hold that a (e(ber of the bar, because of his le)al 4no%led)e and trainin),

should be allo%ed to practice before the Patent Office, %ithout further e>a(ination or other

8ualification. Of course, the @irector of Patents, if he dee(s it advisable or necessary, (ay

re8uire that (e(bers of the bar practisin) before hi( enlist the assistance of technical (en and

scientist in the preparation of papers and docu(ents, such as, the dra%in) or technical

description of an invention or (achine sou)ht to be patented, in the sa(e %ay that a la%yer

filin) an application for the re)istration of a parcel of land on behalf of his clients, is re8uired to

sub(it a plan and technical description of said land, prepared by a licensed surveyor.

But respondent @irector clai(s that he is e>pressly authoriDed by the la% to re8uire persons

desirin) to practice or to do business before hi( to sub(it an e>a(ination, even if they are


32/98

already (e(bers of the bar. *e contends that our Patent a%, Republic Act No. 1!, is

patterned after the Gnited 3tates Patent a%6 and of the Gnited 3tates Patent Office in Patent

Cases prescribes an e>a(ination si(ilar to that %hich he $respondent& has prescribed and

scheduled. *e invites our attention to the follo%in) provisions of said Rules of Practice

+egistration of attorneys and agents. A re)ister of an attorneys and a re)ister a)ents are4ept in the Patent Office on %hich are entered the na(es of all persons reco)niDed as

entitled to represent applicants before the Patent Office in the preparation and prosecution of

applicants for patent. Re)istration in the Patent Office under the provisions of these rules

shall only entitle the person re)istered to practice before the Patent Office.

$a&$ttorney at law. Any attorney at la% in )ood standin) ad(itted to practice before any

Gnited 3tates Court or the hi)hest court of any 3tate or 9erritory of the Gnited 3tates %ho

fulfills the re8uire(ents and co(plied %ith the provisions of these rules (ay be ad(itted to

practice before the Patent Office and have his na(e entered on the re)ister of attorneys.

> > > > > > > > >

$c& +eirement for registration. No person %ill be ad(itted to practice and re)ister unless

he shall apply to the Co((issioner of Patents in %ritin) on a prescribed for( supplied by the

Co((issioner and furnish all re8uested infor(ation and (aterial6 and shall establish to the

satisfaction of the Co((issioner that he is of )ood (oral character and of )ood repute and

possessed of the le)al and scientific and technical 8ualifications necessary to enable hi( to

render applicants for patent valuable service, and is other%ise co(petent to advise and

assist hi( in the presentation and prosecution of their application before the Patent Office. 'n

order that the Co((issioner (ay deter(ine %hether a person see4in) to have his na(e

placed upon either of the re)isters has the 8ualifications specified, satisfactory proof of )ood

(oral character and repute, and of sufficient basic trainin) in scientific and technical (atters(ust be sub(itted and an e>a(ination %hich is held fro( ti(e to ti(e (ust be ta4en and

passed. 9he ta4in) of an e>a(ination (ay be %aived in the case of any person %ho has

served for three years in the e>a(inin) corps of the Patent Office.

Respondent states that the pro(ul)ation of the Rules of Practice of the Gnited 3tates Patent

Office in Patent Cases is authoriDed by the Gnited 3tates Patent a% itself, %hich reads as

follo%s

9he Co((issioner of Patents, sub5ect to the approval of the 3ecretary of Co((erce (ay

prescribe rules and re)ulations )overnin) the recognition of agents, attorneys, or other

persons representing applicants or other partiesbefore his office, and may reireof suchpersons, a)ents, or attorneys, before bein) reco)niDed as representatives of applicants or

other persons, that they shall sho% they are of )ood (oral character and in )ood repute,

arepossessed of the necessary alifications to ena!le them to render to applicants or other

persons vala!le service, and are likewise to competent to advise and assist applicants or

other persons in the presentation or prosection of their applications or other business

before the Office. 9he Co((issioner of Patents (ay, after notice and opportunity for a

hearin), suspend or e>clude, either )enerally or in any particular case fro( further practice


33/98

before his office any person, a)ent or attorney sho%n to be inco(petent or disreputable, or

)uilty of )ross (isconduct, or %ho refuses to co(ply %ith the said rules and re)ulations, or

%ho shall, %ith intent to defraud in any (atter, deceive, (islead, or threaten any applicant or

prospective applicant, or other person havin) i((ediate or prospective applicant, or other

person havin) i((ediate or prospective business before the office, by %ord, circular, letter,

or by advertisin). 9he reasons for any such suspension or e>clusion shall be duly recorded.9he action of the Co((issioner (ay be revie%ed upon the petition of the person so refused

reco)nition or so suspended by the district court of the Gnited 3tates for the @istrict of

Colu(bia under such conditions and upon such proceedin)s as the said court (ay by its

rules deter(ine. $E(phasis supplied&

Respondent @irector concludes that 3ection / of Republic Act No. 1! bein) si(ilar to the

provisions of la% 5ust reproduced, then he is authoriDed to prescribe the rules and re)ulations

re8uirin) that persons desirin) to practice before hi( should sub(it to and pass an

e>a(ination. ?e reproduce said 3ection /, Republic Act No. 1!, for purposes of co(parison

3EC. /. +les and reglations. 9he @irector sub5ect to the approval of the 3ecretary of#ustice, shall pro(ul)ate the necessary rules and re)ulations, not inconsistent %ith la%, for

the conduct of all business in the Patent Office.

9he above provisions of 3ection / certainly and by far, are different fro( the provisions of the

Gnited 3tates Patent a% as re)ards authority to hold e>a(inations to deter(ine the

8ualifications of those allo%ed to practice before the Patent Office. ?hile the G.3. Patent a%

authoriDes the Co((issioner of Patents to re8uire attorneys to sho% that they possess the

necessary 8ualifications and co(petence to render valuable service to and advise and assist

their clients in patent cases, %hich sho%in) (ay ta4e the for( of a test or e>a(ination to be

held by the Co((issioner, our Patent a%, 3ection /, is silent on this i(portant point. Our

attention has not been called to any e>press provision of our Patent a%, )ivin) such authorityto deter(ine the 8ualifications of persons allo%ed to practice before the Patent Office.

3ection 1 of the Revised Ad(inistrative Code authoriDes every chief of bureau to prescribe

for(s and (a4e re)ulations or )eneral orders not inconsistent %ith la%, to secure the

har(onious and efficient ad(inistration of his branch of the service and to carry into full effect

the la%s relatin) to (atters %ithin the 5urisdiction of his bureau. 3ection !;/ of Republic Act

1


34/98

?ere %e to allo% the Patent Office, in the absence of an e>press and clear provision of la%

)ivin) the necessary sanction, to re8uire la%yers to sub(it to and pass on e>a(ination

prescribed by it before they are allo%ed to practice before said Patent Office, then there %ould

be no reason %hy other bureaus specially the Bureau of 'nternal Revenue and Custo(s, %here

the business in the sa(e area are (ore or less co(plicated, such as the presentation of boo4s

of accounts, balance sheets, etc., assess(ents e>e(ptions, depreciation, these as re)ards theBureau of 'nternal Revenue, and the classification of )oods, i(position of custo(s duties,

seiDures, confiscation, etc., as re)ards the Bureau of Custo(s, (ay not also re8uire that any

la%yer practisin) before the( or other%ise transactin) business %ith the( on behalf of clients,

shall first pass an e>a(ination to 8ualify.

'n conclusion, %e hold that under the present la%, (e(bers of the Philippine Bar authoriDed by

this 9ribunal to practice la%, and in )ood standin), (ay practice their profession before the

Patent Office, for the reason that (uch of the business in said office involves the interpretation

and deter(ination of the scope and application of the Patent a% and other la%s applicable, as

%ell as the presentation of evidence to establish facts involved6 that part of the functions of the

Patent director are 5udicial or 8uasi=5udicial, so (uch so that appeals fro( his orders and

decisions are, under the la%, ta4en to the 3upre(e Court.

0or the fore)oin) reasons, the petition for prohibition is )ranted and the respondent @irector is

hereby prohibited fro( re8uirin) (e(bers of the Philippine Bar to sub(it to an e>a(ination or

tests and pass the sa(e before bein) per(itted to appear and practice before the Patent Office.

No costs.

:aras, %.0., eng6on, :adilla, +eyes, $., atista $ngelo,


35/98

'n the election of the national officers of the 'nte)rated Bar of the Philippines $hereafter 2'BP2& heldon #une ecutive +ice=President

Atty. 3alvador ao Chair(an, *ouse of @ele)ates

Atty. Renato 0. Ron8uillo 3ecretary, *ouse of @ele)ates

Atty. 9eodoro uicoy 9reasurer, *ouse of @ele)ates

Atty. Oscar Badelles 3er)eant at Ar(s, *ouse of @ele)ates

Atty. #ustiniano Cortes :overnor F +ice=President for Northern uDon

Atty. Ciriaco AtienDa :overnor F +ice=President for Central uDon

Atty. Mario #alandoni :overnor F +ice=President for Metro Manila

Atty. #ose A)uilar :rapilon :overnor F +ice=President for 3outhern uDon


36/98

Atty. 9eodoro Al(ine :overnor F +ice=President for Bicolandia

Atty. Porfirio 3iyan)co :overnor F +ice=President for Eastern +isayas

Atty. Ricardo 9eruel :overnor F +ice=President for ?estern +isayas

Atty. :ladys 9ion)co :overnor F +ice=President for Eastern Mindanao

Atty. 3i(eon @atu(anon) :overnor F +ice=President for ?estern Mindanao

9he ne%ly=elected officers %ere set to ta4e the their oath of office on #uly ",1/, before the3upre(e Court en banc. *o%ever,disturbed by the %idespread reports received by so(e (e(bersof the Court fro( la%yers %ho had %itnessed or participated in the proceedin)s and the adverseco((ents published in the colu(ns of so(e ne%spapers about the intensive electioneerin) andoverspendin) by the candidates, led by the (ain prota)onists for the office of president of theassociation, na(ely, Attorneys Nereo Paculdo, Ra(on Nisce, and +ioleta C. @rilon, the alle)ed useof )overn(ent planes, and the officious intervention of certain public officials to influence the votin),all of %hich %ere done in violation of the 'BP By=a%s %hich prohibit such activities. 9he 3upre(eCourt en !anc, e>ercisin) its po%er of supervision over the 'nte)rated Bar, resolved to suspend theoath=ta4in) of the 'BP officers=elect and to in8uire into the veracity of the reports.

't should be stated at the outset that the election process itself $i.e. the votin) and the canvassin) ofvotes on #une


37/98

Mr. #urado (entioned the resent(ent of Atty. @rilon7s rivals %ho felt at a disadvanta)e because Atty.@rilon alle)edly used PNB helicopters to visit far=flun) 'BP chapters on the prete>t of distributin)Bi)ay Puso donations, and she had the added advanta)e of havin) re)ional directors and laborarbiters of the @epart(ent of abor and E(ploy(ent $%ho had been )ranted leaves of absence byher husband, the abor 3ecretary& ca(pai)nin) for her. #urado7s infor(ants alle)ed that there %asra(pant vote=buyin) by so(e (e(bers of the G.P. 3i)(a Rho 0raternity $3ecretary @rilon7s

fraternity&, as %ell as by so(e la%yers of ACCRA $An)ara, Concepcion, CruD, Re)ala and Abelloa% Office& %here Mrs. @rilon is e(ployed, and that )overn(ent positions %ere pro(ised to othersby the office of the abor 3ecretary.

Mr. Mauricio in his colu(n %rote about the sa(e (atters and, in addition, (entioned 2tal4 ofpersonnel of the @epart(ent of abor, especially conciliators and e(ployers, notably Chinese0ilipinos, )ivin) aid and co(fort to her $Atty. @rilon7s& candidacy,2 the billetin) of out=of=to%ndele)ates in plush hotels %here they %ere reportedly 2%ined and dined continuously, %o(ened andsub5ected to endless ha))lin) over the price of their votes > > >2 %hich alle)edly 2ran)ed fro(Pl,;;; to P-;,;;;, and, on the day of the election, so(e t%elve to t%enty votes %hich %erebelieved crucial, appreciated to P;,;;;.2

'n his second colu(n, Mr. Mauricio (entioned 2ho% a top official of the 5udiciary alle)edly involvedhi(self in 'BP politics on election day by closetin) hi(self %ith ca(pai)ners as they plotted theirelection strate)y in a roo( of the P'CC $the Philippine 'nternational Convention Center %here theconventionJelection %ere held& durin) a recess > > >.2

Mr. ocsin in his colu(n and editorial substantially re=echoed Mauricio7s reports %ith so(ee(bellish(ents.

''. 9*E COGR973 @EC'3'ON 9O 'N+E39':A9E.

Respondin) to the critical reports, the Court, in its en !ancresolution dated #une 1, 1/, directedthe out)oin) and inco(in) (e(bers of the 'BP Board of :overnors, the principal officers andChair(an of the *ouse of @ele)ates to appear before it on 9uesday, #une -;, 1/, at -;; o7cloc4p.(., and there to infor( the Court on the veracity of the afore(entioned reports and to reco((end,for the consideration of the Court, appropriate approaches to the proble( of confir(in) andstren)thenin) adherence to the funda(ental principles of the 'BP.

'n that resolution the Court 2callKedL to (ind that a basic postulate of the 'nte)rated Bar of thePhilippines $'BP&, heavily stressed at the ti(e of its or)aniDation and co((ence(ent of e>istence, isthat the 'BP shall be non=political in character and that there shall be no lobbyin) nor ca(pai)nin) inthe choice of (e(bers of the Board of :overnors and of the *ouse of @ele)ates, and of the 'BPofficers, national, or re)ional, or chapter. 9he funda(ental assu(ption %as that officers, dele)atesand )overnors %ould be chosen on the basis of professional (erit and %illin)ness and ability toserve.2

9he resolution %ent on to say that the 2Court is deeply disturbed to note that in connection %ith theelection of (e(bers of the Board of :overnors and of the *ouse of @ele)ates, there is a%idespread belief, based on reports carried by (edia and trans(itted as %ell by %ord of (outh, thatthere %as e>tensive and intensive ca(pai)nin) by candidates for 'BP positions as %ell ase>penditure of considerable su(s of (oney by candidates, includin) vote=buyin), direct or indirect.2

9he venerable retired 3upre(e Court #ustice and 'BP President E(eritus, #ose B.. Reyes,attended the dialo)ue, upon invitation of the Court, to )ive counsel and advice. 9he (eetin)bet%een the Court en !anc on the one hand, and the out)oin) and in co(in) 'BP officers on the


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other, %as an infor(al one. 9hereafter, the Court resolved to conduct a for(al in8uiry to deter(ine%hether the prohibited acts and activities enu(erated in the 'BP By=a%s %ere co((itted beforeand durin) the 1/ elections of 'BP7s national officers.

9he Court en !ancfor(ed a co((ittee and desi)nated 3enior Associate #ustice Andres R.Narvasa, as Chair(an, and Associate #ustices 9eodoro R. Padilla, E(ilio A. :ancayco, Abraha( 0.

3ar(iento, and Carolina C. :rio=A8uino, as (e(bers, to conduct the in8uiry. 9he Cler4 of Court,Atty. @aniel MartineD, acted as the co((ittee7s Recordin) 3ecretary.

A total of forty=nine $"& %itnesses appeared and testified in response to subpoenas issued by theCourt to shed li)ht on the conduct of the elections. 9he (ana)ers of three five=star hotels thePhilippine PlaDa, the *yatt, and the *oliday 'nn %here the three prota)onists $@rilon, Nisce andPaculdo& alle)edly set up their respective head8uarters and %here they billeted their supporters%ere su((oned. 9he officer of the Philippine National Ban4 and the Air 9ransport Office %ere calledto enli)hten the Court on the char)e that an 'BP presidential candidate and the (e(bers of her slateused PNB planes to ferry the( to distant places in their ca(pai)n to %in the votes of dele)ates. 9hePhilippine Airlines officials %ere called to testify on the char)e that so(e candidates )ave free airfares to dele)ates to the convention. Officials of the abor @epart(ent %ere also called to enable

the Court to ascertain the truth of the reports that labor officials openly ca(pai)ned or %or4ed for theelection of Atty. @rilon.

9he ne%spaper colu(nists, Messrs. uis Mauricio, #esus Bi)ornia and E(il #urado %eresubpoenaed to deter(ine the nature of their sources of infor(ation relative to the 'BP elections.9heir stories %ere based, they said, on letters, phone calls and personal intervie%s %ith persons%ho clai(ed to have 4no%led)e of the facts, but %ho( they, invo4in) the Press 0reedo( a%,refused to identify.

9he Co((ittee has since sub(itted its Report after receivin), and analyDin) and assessin)evidence )iven by such persons as %ere perceived to have direct and personal 4no%led)e of therelevant facts6 and the Court, after deliberatin) thereon, has Resolved to accept and adopt thesa(e.

'''. PRO*'B'9E@ AC93 AN@ PRAC9'CE3 GN@ER 'BP BH=A?3.

Article ', 3ection " of the 'BP By=a%s e(phasiDes the 2strictly non=political2 character of the'nte)rated Bar of the Philippines, thus

23EC. ". Non=political Bar. 9he 'nte)rated Bar is strictly non=political, and everyactivity tendin) to i(pair this basic feature is strictly prohibited and shall be penaliDedaccordin)ly. No la%yer holdin) an elective, 5udicial, 8uasi=5udicial, or prosecutoryoffice in the :overn(ent or any political subdivision or instru(entality thereof shallbe eli)ible for election or appoint(ent to any position in the 'nte)rated Bar or anyChapter thereof. A @ele)ate, :overnor, officer or e(ployee of the 'nte)rated Bar, or

an officer or e(ployee of any Chapter thereof shall be considered ipso factoresi)nedfro( his position as of the (o(ent he files his certificate of candidacy for anyelective public office or accepts appoint(ent to any 5udicial, 8uasi=5udicial, orprosecutory office in the :overn(ent or any political subdivision or instru(entalitythereof. 27

3ection 1" of the sa(e By=a%s enu(erates the prohibited acts relative to 'BPelections


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3EC. 1". Prohibited acts and practices relative to elections. 9he follo%in) actsand practices relative to election are prohibited, %hether co((itted by a candidatefor any elective office in the 'nte)rated Bar or by any other (e(ber, directly orindirectly, in any for( or (anner, by hi(self or throu)h another person

$a& @istribution, e>cept on election day, of election ca(pai)n (aterial6

$b& @istribution, on election day, of election ca(pai)n (aterial other than a state(entof the biodata of a candidate on not (ore than one pa)e of a le)al=siDe sheet ofpaper6 or causin) distribution of such state(ent to be done by persons other thanthose authoriDed by the officer presidin) at the elections6

$c& Ca(pai)nin) for or a)ainst any candidate, %hile holdin) an elective, 5udicial,8uasi=5udicial or prosecutory office in the :overn(ent or any political subdivision,a)ency or instru(entality thereof6

$d& 0or(ation of tic4ets, sin)le slates, or co(binations of candidates, as %ell as theadvertise(ent thereof6

$e& 0or the purpose of inducin) or influencin) a (e(ber to %ithhold his vote, or tovote for or a)ainst a candidate, $1& pay(ent of the dues or other indebtedness of any(e(ber6 $-& )ivin) of food, drin4, entertain(ent, transportation or any article ofvalue, or any si(ilar consideration to any person6 or $penditure to be (ade, offered or pro(ised to any person.2

3ection 1-$d& of the By=a%s prescribes sanctions for violations of the above rules

$d& Any violation of the rules )overnin) elections or co((ission of any of theprohibited acts and practices defined in 3ection 1" prohibited Acts and Practicesrelative to elections& of the by=la%s of the 'nte)rated Bar shall be a )round for the

dis8ualification of a candidate or his re(oval fro( office if elected, %ithout pre5udiceto the i(position of sanctions upon any errin) (e(ber pursuant to the By=la%s of the'nte)rated Bar.

At the for(al investi)ation %hich %as conducted by the investi)atin) co((ittee, the follo%in)violations %ere established

$1& :rohi!ited campaigning and solicitation of votes !y the candidates for president, exective vice)president, the officers of candidate the >ose of ;elegates and oard of overnors.

9he three candidates for 'BP President @rilon, Nisce and Paculdo be)an travellin) around thecountry to solicit the votes of dele)ates as early as April 1/. Gpon the invitation of 'BP President,

eon :arcia, #r. $t.s.n., #uly 1


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for(aliDe their co((it(ent to his no(ination for 'BP President. *e started ca(pai)nin) anddistributin) the no(ination for(s in March 1/ after the chapter elections %hich deter(ined the(e(bership of the *ouse of @ele)ates co(posed of the 1-; chapter presidents $t.s.n., #une -,1/, pp. /-=/!&. *e obtained forty $";& co((it(ents. *e sub(itted photocopies of his no(inationfor(s %hich read

2No(ination 0or(

' #oin in No(inatin)

RAMON M. N'3CE

as

National President of the

'nte)rated Bar of the Philippines

Chapter 3i)nature2

A(on) those %ho si)ned the no(ination for(s %ere Onofre P. 9e5ada, Candido P. Balbin, #r.,ConiDado +. Posadas, uirico . uirico Ernesto 3. 3alun=at, :loria C. A)unos, Oscar B. Bernardo,0eliciano 0. ?ycoco, A(or . 'barra, #ose M. AtienDa, #ose N. Contreras, Ro(eo 9. MendoDa, eoC. Medialdea, #r., Paulino :. Clarin, #ulius Q. Neil, Roe( #. Arbolado @e(ocrito M. PereD, Abelardo0er(in, @iosdado B. +illarin, #r., @aniel C. Macarae), Confesor R. 3ansano @ionisio E. Bala, #r.,E(esto A. A(ores, Ro(eo +. Pefianco, Au)urio C. Pa(intuan, Atlee 9. +iray, Ceferino C. Cabanas,#ose 3. Buban, @iosdado Q. Relo5, #r., Cesar C. +iola, Oscar C. 0ernandeD, Ricardo B. 9eruelRodri)o R. 0lores, 3i>to Marella, #r., Arsenio C. +illalon, Renato 0. Ron8uillo, Antonio :. NalapoRo(ualdo A. @in #r., #ose P. 'caonapo #r., and Manuel 3. Person.

Atty. Nisce ad(itted that he reserved roo(s at the *yatt *otel based on the co((it(ents he hadobtained $t.s.n., #une -, 1/, pp. /-=/&. Gnfortunately, despite those for(al co((it(ents, heobtained only 1" votes in the election $t.s.n., #une -, 1 /, p. /!&. 9he reason, he said, is that.so(e of those %ho had co((itted their votes to hi( %ere 2(anipulated, inti(idated, pressured, orre(unerated2 $t.s.n., #une -,1/, pp. /!6 E>hibit 2M="=Nisce,2 t.s.n., #uly ", 1/, pp. 1;;=1 ;"&.

$-& Gse of PNB plane in the ca(pai)n.

9he records of the Philippine National Ban4 $E>hibit C=1=Crudo and E>hibit C=-=Crudo& sho% that3ecretary 0ul)encio 3. 0actoran, #r. of the @epart(ent of Environ(ent F Natural Resources $@ENR&borro%ed a plane fro( the Philippine National Ban4 for his Bicol COR@ $Cabinet Officers forRe)ional @evelop(ent& Assistant, Gndersecretary Antonio 9ria. 9he plane (anifest $E>h. C=-=Crudo& listed Atty. +ioleta @rilon, Arturo 9usi $9iu&, Assistant 3ecretary for Environ(ent and NaturalResources $@ENR& 9ony 9ria, Atty. :ladys 9ion)co, and A(y ?on). E>cept for 9ony 9ria, the rest ofthe passen)ers %ere 'BP candidates.


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Atty. @rilon ad(itted that she 2hitched2 a ride on a PNB plane. 3he said that she %as infor(ed byAtty. 9iu about the availability of a PNB plane $t.s.n., #uly hibit M=Nisce&.

9he @rilon tic4et consisted of. +ioleta C. @rilon for President, Arturo 9iu for E>ecutive +ice President,3alvador ao for Chair(an of the *ouse of @ele)ates, and, for :overnors Basil Rupisan $Northern7uDon&, Acon) AtienDa $Central uDon&, A(y ?on) $Metro Manila&, #ose :rapilon $3outhern9a)alo)&, 9eodoro Al(ine $Bicolandia&, Baldo(ero EstenDo $Eastern +isayas&, #oelito Barrera$?estern +isayas&, :ladys 9ion)co $Eastern Mindanao&, 3i(eon @atu(anon) $?estern Mindanao&$E>hibit M=1=Nisce&.

Atty. Ra(on N. Nisce7s line=up listed hi(self and Confessor B. 3ansano Ben5a(in B. Bernardino,Antonio . Nalapo Renato 0. Ron8uillo, :loria C. A)unos, Mario +alderra(a, Candido P. Balbin #r.,

Oscar C. 0ernandeD, Cesar :. +iola, eo C. Medialdea, #r., +icente P. 9ordilla, #r., #ose 3. Buban,#oel A. losa, #esus 9. Albacite and Oscar +. Badelles.

$"& :ivin) free transportation to out=of=to%n dele)ates and alternates.

Atty. Nisce ad(itted havin) bou)ht plane tic4ets for so(e dele)ates to the convention. *e(entioned Oscar Badelles to %ho( he )ave four round=trip tic4ets $%orth about P1;,;;;& fro( 'li)anCity to Manila and bac4. Badelles %as a votin) dele)ate. Nisce, ho%ever, failed to )et a %ritten


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co((it(ent fro( hi( because Atty. Medialdea assured hi( $Nisce& 2si)urado na 7yan, h7%a) (onan) papir(ahin.2 Badelles %on as ser)eant=at=ar(s, not in Nisce7s tic4et, but in that of @rilon.

Badelles ad(itted that Nisce sent hi( three airplane tic4ets, but he Badelles said that he did not usethe(, because if he did, he %ould be co((itted to Nisce, and he Badelles did not %ant to beco((itted $t.s.n., #uly ",1/, pp. =, =!&.

Nisce also sent a plane tic4et to Atty. Atilano, %ho %as his candidate, and another tic4et to Mrs.inda i( of Qa(boan)a. Records of the Philippine Airlines sho%ed that Atty. Nisce paid for theplane tic4ets of +icente Real, #r. $E>h. @=1=Calica&, Ro(eo 0ortes $E>h. @=1=Calica&, Cesar Batica$E>h. @=-=Calica&, #ose Buban of eyte $E>h. @=-=Calica&, @elsanto Resuello $E>h. @=h. @=


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Mrs. ourdes #uco, a sales (ana)er of the Philippine PlaDa, recalled that it %as Mr. MarianoBenedicto %ho first ca(e to boo4 roo(s for the 'BP dele)ates. 3he su))ested that he obtain a)roup $or discounted& rate. *e )ave her the na(e of Atty. Callanta %ho %ould (a4e thearran)e(ents %ith her. Mr. Benedicto turned out to be the Assistant 3ecretary of the @epart(ent ofabor and E(ploy(ent $@OE&.

9he total su( of P


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Atty. Callanta e>plained that the above listed persons have been contributin) (oney every ti(e the'BP e(bar4s on a pro5ect. 9his ti(e, they contributed so that their partners or associates couldattend the le)al aid se(inar and the 'BP convention too.

Atty. @rilon alle)ed that she did not 4no% that Atty. Callanta had billeted her dele)ates at thePhilippine PlaDa. 3he alle)edly did not also 4no% in %hose na(e the roo( she occupied %as

re)istered. But she did as4 for a roo( %here she could rest durin) the convention. 3he ad(itted,ho%ever, that she paid for her hotel roo( and (eals to Atty. Callanta, throu)h Atty. oanDon $t.s.n.#uly to Marella, #oselito Barrera,Radon Macalala), Oscar Badelles, Antonio Acyatan, 'ldefonso C. Puerto, Nestor AtienDa, :il Batula

Array Corot, @i(a4uta Corot Ro(eo 0ortes 'rvin) Petilla, 9eodoro Pal(a, :il Pal(a, @anilo @een,@elsanto, Resuello, Araneta, +icente Real, 3ylvio Casuncad Espina, :uerrero, #ulius Neri, indai(, Ben i(, C. Batica, uis 0or(illeDa, 0eli> Macala) Mariano Benedicto, Atilano, Araneta, Renato

Callanta.

Atty. Nilo Pena ad(itted that the uasha a% Office of %hich he is a senior partner, )ave P-,;;; toCallanta for roo(s at the Philippine PlaDa so that so(e (e(bers of his la% fir( could ca(pai)n forthe @rilon )roup $t.s.n. #uly ,1/, pp. !/& durin) the le)al aid se(inar and the 'BP convention.Most of the (e(bers of his la% fir( are fraternity brothers of 3ecretary @rilon $(eanin), (e(bers ofthe 3i)(a Rho 0raternity&. *e ad(itted bein) sy(pathetic to the candidacy of Atty. @rilon and the(e(bers of her slate, t%o of %ho( #ose :rapilon and 3i(eon @atu(anon) are 3i)(a Rhoans.9hey consider Atty. @rilon as a 2si)(a rho sister,2 her husband bein) a si)(a rhoan.

Atty. Antonio Carpio, also a 3i)(a Rhoan, reserved a roo( for the (e(bers of his o%n fir( %hoattended the le)al aid se(inar and the convention. *e (ade the reservation throu)h Atty. Callanta to%ho( he paid P-;,;;; $t.s.n. #uly !,1/, pp. hibits E=0lores, 0=#acinto :=Oca(po&.

As earlier (entioned, Atty. Nisce ad(itted that he reserved roo(s for those %ho co((ittedthe(selves to his candidacy.


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9he hotel )uests of Atty. Nisce %ere :loria A)unos @ennis *abanel B. Batula, #ohn E. Asuncion,Reynaldo Cortes, ourdes 3antos, El(er @atuin, Ro(ualdo @in, Antonio Nalapo, 'srael @a(asco,Candido Balbin, 3errano Balot, 'barra, #oel losa, Eltanal, Ruperto, Asuncion, . Pilotin Rey(undoP. :uD(an, Qoilo A)uinaldo, Clarin, R. Ron8uillo, @o(inador Carillo, 0ilo(eno Balinas, Ernesto3abulan, Husop Pan)adapun, A. +iray, 'ca(po, Abelardo 0er(in, C. uiaoit, Au)urio Pa(intuan,@aniel Macarae), Onofre 9e5ada.

$!& Ca(pai)nin) by labor officials for Atty. +ioleta @rilon

'n violation of the prohibition a)ainst 2ca(pai)nin) for or a)ainst a candidate %hile holdin) anelective, 5udicial, 8uasi=5udicial, or prosecutory office in the :overn(ent7 $3ec. 1"KcL, Art. ', 'BP By=a%s&, Mariano E. Benedicto '', Assistant 3ecretary, @epart(ent of abor and E(ploy(ent, testifiedthat he too4 a leave of absence fro( his office to attend the 'BP convention. *e stayed at thePhilippine PlaDa %ith the @rilon )roup ad(ittedly to )ive 2so(e (oral assistance2 to Atty. +ioleta@rilon. *e did so because he is a (e(ber of the 3i)(a Rho 0raternity. ?hen as4ed about thesi)nificance of 3i)(a Rho, 3ecretary Benedicto e>plained 2More than the husband of Mrs. @rilonbein) (y boss, the si)nificance there is that the husband is (y brother in the 3i)(a Rho.2

*e cheered up Mrs., @rilon %hen her spirits %ere lo%. *e tal4ed to her i((ediate circle %hichincluded Art 9iu, 9ony Carpio, Nilo Pena, A(y ?on), Atty. :rapilon, +ictor aDatin, and Boy Reyno.9hey assessed the pro)ress of the ca(pai)n, and (easured the stren)ths and %ea4nesses of theother )roups 9he )roup had sessions as early as the later part of May.

Roo( 11", the suite listed in the na(e of Assistant 3ecretary Benedicto toted up a bill of P-


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9he ca(pai)n (aterials of Atty. Paculdo cost fro( P1,;;; to P-;,;;;. 9hey %ere printed by hiso%n printin) shop.

$& Causin) distribution of such state(ent to be done by persons other than those authoriDed by theofficer presidin) at the election $3ec. 1"KbL, 'BP By=a%s&.

Atty. Paculdo e(ployed unifor(ed )irls to distribute his ca(pai)n (aterials on the convention floor.Atty. Carpio noted that there %ere (ore ca(pai)n (aterials distributed at the convention site thisyear than in previous years. 9he election %as (ore heated and e>pensive $t.s.n. #uly !,1/, p. pressedhis disappoint(ent over the 'BP elections because so(e dele)ates flip=flopped fro( one ca(p toanother. *e testified that %hen he arrived at the Manila @o(estic Airport he %as (et by an assistantre)ional director of the @OE %ho offered to brin) hi( to the Philippine PlaDa, but he declined the


47/98

offer. @urin) the le)al aid se(inar, Atty. @rilon invited hi( to transfer to the Philippine PlaDa %here aroo( had been reserved for hi(. *e declined the invitation $t.s.n. #uly ",1/, pp. 1;-=1;!&.

Atty. losa said that %hile he %as still in @u(a)uete City, he already 4ne% that the three candidateshad their head8uarters in separate hotels Paculdo, at the *oliday 'nn6 @rilon, at the PhilippinePlaDa6 and Nisce, at the *yatt. *e 4ne% about this because a %ee4 before the elections,

representatives of Atty. @rilon %ent to @u(a)uete City to ca(pai)n. *e (entioned Atty. RodilMontebon of the ACCRA a% Office, acco(panied by Atty. #ulve the Assistant Re)ional @irector ofthe @epart(ent of abor in @u(a)uete City. 9hese t%o, he said, offered to )ive hi( t%o PA tic4etsand acco((odations at the Philippine PlaDa $t.s.n. #uly ",1/, pp. 1;1=1;"&. But he declined theoffer because he %as already co((itted to Atty. Nisce.

Atty. losa also revealed that before he left for Manila on May


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officers and re)ional )overnors6 the for(ation of tic4ets, slates, or line=ups of candidates for theother elective positions ali)ned %ith, or supportin), either @rilon, Paculdo or Nisce6 the procure(entof %ritten co((it(ents and the distribution of no(ination for(s to be filled up by the dele)ates6 thereservation of roo(s for dele)ates in three bi) hotels, at the e>pense of the presidential candidates6the use of a PNB plane by @rilon and so(e (e(bers of her tic4et to enable the( to 2assess theirchances2 a(on) the chapter presidents in the Bicol provinces6 the printin) and distribution of tic4ets

and bio=data of the candidates %hich in the case of Paculdo ad(ittedly cost hi( so(e P1,;;; toP-;,;;;6 the e(ploy(ent of unifor(ed )irls $by Paculdo& and la%yers $by @rilon& to distribute theirca(pai)n (aterials on the convention floor on the day of the election6 the )ivin) of assistance by theGndersecretary of abor to Mrs. @rilon and her )roup6 the use of labor arbiters to (eet dele)ates atthe airport and escort the( to the Philippine PlaDa *otel6 the )ivin) of pre=paid plane tic4ets andhotel acco((odations to dele)ates $and so(e fa(ilies %ho acco(panied the(& in e>chan)e fortheir support6 the piratin) of so(e candidates by inducin) the( to 2hop2 or 2flipflop2 fro( one tic4etto another for so(e ru(ored consideration6 all these practices (ade a political circus of theproceedin)s and tainted the %hole election process.

9he candidates and (any of the participants in that election not only violated the By=a%s of the 'BPbut also the ethics of the le)al profession %hich i(poses on all la%yers, as a corollary of theirobli)ation to obey and uphold the constitution and the la%s, the duty to 2pro(ote respect for la% andle)al processes2 and to abstain fro( 7activities ai(ed at defiance of the la% or at lessenin)confidence in the le)al syste(2 $Rule 1.;-, Canon 1, Code of Professional Responsibility&. Respectfor la% is )ravely eroded %hen la%yers the(selves, %ho are supposed to be (illions of the la%,en)a)e in unla%ful practices and cavalierly brush aside the very rules that the 'BP for(ulated fortheir observance.

9he unsee(ly ardor %ith %hich the candidates pursued the presidency of the association detractedfro( the di)nity of the le)al profession. 9he spectacle of la%yers bribin) or bein) bribed to vote one%ay or another, certainly did not uphold the honor of the profession nor elevate it in the public7sestee(.

9he Court notes %ith )rave concern %hat appear to be the evasions, denials and outri)ht

prevarications that tainted the state(ents of the %itnesses, includin) to(e of the candidates, durin)the initial hearin) conducted by it before its fact=findin) co((ittee %as created. 9he subse8uentinvesti)ation conducted by this Co((ittee has revealed that those parties had been less thancandid %ith the Court and see( to have conspired a(on) the(selves to deceive it or at least%ithhold vital infor(ation fro( it to conceal the irre)ularities co((itted durin) the ca(pai)n.

CONCG3'ON3.

't has been (entioned %ith no little insistence that the provision in the 1/ Constitution $3ee. /, Art.+'''& providin) for a #udicial and Bar Council co(posed of seven $& (e(bers a(on) %ho( is 2arepresentative of the 'nte)rated Bar,2 tas4ed to participate in the selection of no(inees forappoint(ent to vacant positions in the 5udiciary, (ay be the reason %hy the position of 'BP president

has attracted so (uch interest a(on) the la%yers. 9he (uch coveted 2po%er2 erroneouslyperceived to be inherent in that office (i)ht have caused the corruption of the 'BP elections. 9oi(press upon the participants in that electoral e>ercise the seriousness of the (isconduct %hichattended it and the stern disapproval %ith %hich it is vie%ed by this Court, and to restore the non=political character of the 'BP and reduce, if not entirely eli(inate, e>pensive electioneerin) for thetop positions in the or)aniDation %hich, as the recently concluded elections revealed, spa%nedunethical practices %hich seriously di(inished the stature of the 'BP as an association of thepractitioners of a noble and honored profession, the Court hereby OR@ER3


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1. 9he 'BP elections held on #uneecutive vice=president,

be repealed, this Court bein) e(po%ered to a(end, (odify or repeal the By=a%s of the 'BP under3ection , Art. ' of said By=a%s.

ecutive +ice=President shall auto(aticallysucceed to the office of president. 9he inco(in) board of )overnors shall then elect an E>ecutive+ice=President fro( a(on) the(selves. 9he position of E>ecutive +ice=President shall be rotateda(on) the nine $& 'BP re)ions. One %ho has served as president (ay not run for election asE>ecutive +ice=President in a succeedin) election until after the rotation of the presidency a(on)the nine $& re)ions shall have been co(pleted6 %hereupon, the rotation shall be)in ane%.

. 3ection " of Article +'' is hereby a(ended to read as follo%s

3ection ". National Officers. 9he 'nte)rated Bar of the Philippines shall have aPresident and E>ecutive +ice=President to be chosen by the Board of :overnorsfro( a(on) nine $& re)ional )overnors, as (uch as practicable, on a rotation basis.9he )overnors shall be ex oficio+ice=President for their respective re)ions. 9hereshall also be a 3ecretary and 9reasurer of the Board of :overnors to be appointedby the President %ith the consent of the Board.

!. 3ection


50/98

$& re)ions as delineated in 3ection < of the 'nte)ration Rule, on the representationbasis of one $1& :overnor for each re)ion to be elected by the (e(bers of the *ouseof @ele)ates fro( that re)ion only. 9he position of :overnor should be rotateda(on) the different Chapters in the re)ion.

. 3ection


51/98


SUPREME COURTManila

EN BANC

).R. No(. 79690;707 Oc&o'r 7, 19//

ENR!UE A. $ALD!VAR, petitioner,vs.

T"E "ONORA-LE SAND!)AN-AAN an "ONORA-LE RAUL M. )ON$ALE$, ca3@3n &o 'an ac&3n a( Tanoa8an;O@5(@an 5n'r &h' 19/7 Con(&3&5&3on, respondents.

).R. No. /0*7/ Oc&o'r 7, 19//

ENR!UE A. $ALD!VAR, >'&3&3on'r,

(."ON. RAUL M. )ON$ALE$, ca3@3n &o ' an ac&3n a( Tanoa8an;O@5(@ano@5(@an 5n'r &h' 19/7 Con(&3&5&3on, r'(>on'n&.

PER CUR!AM:

Th' ?ooB3n ar' &h' (5'c&( o? &h3( R'(o5&3on:

1 a Mo&3on, a&' 9 %'r5ar8 19//, &o C3&' 3n Con&'@>& ?3' 8 >'&3&3on'r Enr35' A. $a3ar

aa3n(& >53c r'(>on'n& S>'c3a Pro('c5&or ?or@'r8 Tanoa8an Ra5 M. )ona', 3nconn'c&3on B3&h ).R. No(. 79690;707 an ).R. No. /0*7/. an 2 a R'(o5&3on o? &h3( Co5r&a&' 2 Ma8 19// r'53r3n r'(>on'n& "on. Ra5 )ona' &o (hoB ca5(' Bh8 h' (ho5 no&' >5n3(h' ?or con&'@>& anFor (5'c&' &o a@3n3(&ra&3' (anc&3on( ?or @aG3n c'r&a3n>53c (&a&'@'n&(.

!

Th' >'r&3n'n& ?ac&( ar' a( ?ooB(:

P'&3&3on'r $a3ar 3( on' o? (''ra '?'nan&( 3n Cr3@3na Ca('( No(.

121*9;12161 an 1216+;12177 ?or 3oa&3on o? &h' An&3;)ra?& an Corr5>& Prac&3c'( Ac&>'n3n '?or' &h' San3ana8an. Th' O??3c' o? &h' Tanoa8an con5c&' &h' >r'3@3nar83n'(&3a&3on an ?3' &h' cr3@3na 3n?or@a&3on( 3n &ho(' ca('( or33na8 T-P Ca(' No. /6;0077/.

On 10 S'>&'@'r 19/7, >'&3&3on'r ?3' B3&h &h3( Co5r& a P'&3&3on ?or C'r&3orar3, Proh33&3on an@ana@5( ).R. No(. 79690;707 na@3n a( r'(>on'n&( o&h &h' San3ana8an an "on.Ra5 M. )ona'. A@on o&h'r &h3n(, >'&3&3on'r a((a3': 1 &h' * %'r5ar8 19/7


52/98

R'(o5&3on 1o? &h' HTanoa8anH r'co@@'n3n &h' ?33n o? cr3@3na 3n?or@a&3on( aa3n(&>'&3&3on'r $a3ar an h3( co;acc5(' 3n T-P Ca(' No. /6;0077/I an 2 &h' 1 S'>&'@'r19/7 R'(o5&3on 2o? &h' San3ana8an 3n Cr3@3na Ca('( No(. 121*9;12161 an 1216+12177'n83n h3( Mo&3on &o 5a(h &h' cr3@3na 3n?or@a&3on( ?3' 3n &ho(' ca('( 8 &h'HTanoa8an.H !n &h3( r'(>'c&, >'&3&3on'r a'' &ha& r'(>on'n& )ona', a( Tanoa8an

an 5n'r &h' >ro3(3on( o? &h' 19/7 Con(&3&5&3on, Ba( no on'r '(&' B3&h >oB'r ana5&hor3&8 3n'>'n'n&8 &o 3n'(&3a&' an &o 3n(&3&5&' cr3@3na ca('( ?or ra?& an corr5>&3onaa3n(& >53c o??3c3a( an '@>o8''(, an h'nc' &ha& &h' 3n?or@a&3on( ?3' 3n Cr3@3naCa('( No(. 121*9;12161 an 1216+;12177 B'r' a n5 an o3.

On 11 S'>&'@'r 19/7, &h3( Co5r& 3((5' a R'(o5&3on, Bh3ch r'a:

).R. No(. 79690;707 Enr35' A. $a3ar (. Th' "onora' San3ana8anan "onora' Ra5 M. )ona', Ca3@3n To -' an Ac&3n a( Tanoa8an;O@5(@an 5n'r &h' 19/7 Con(&3&5&3on .Ac&3n on &h' (>'c3a c33 ac&3on?or c'r&3orar3, >roh33&3on an @ana@5( 5n'r R5' 6* o? &h' R5'( o? Co5r&,

B3&h 5r'n& @o&3on ?or >r'3@3nar8 '3@3na&3on 3n5nc&3on, &h' Co5r& R'(o',B3&ho5& 33n 5' co5r(' &o &h' >'&3&3on, &o r'53r' &h' r'(>on'n&( &oCOMMENT &h'r'on, B3&h3n &'n 10 a8( ?ro@ no&3c'.

Th' Co5r& ?5r&h'r R'(o' &o !SSUE a TEMPORAR RESTRA!N!N) ORDER,'??'c&3' 3@@'3a&'8 an con&3n53n 5n&3 ?5r&h'r or'r( ?ro@ &h3( Co5r&,or'r3n r'(>on'n& San3ana8an &o CEASE an DES!ST ?ro@ h'ar3n an&r83n Cr3@3na Ca('( No(. 121*9 &o 12161 an 1216+ &o 12177 3n(o?ar a(>'&3&3on'r Enr35' $a3ar 3( conc'rn' an ?ro@ h'ar3n an r'(o3n &h'S>'c3a Pro('c5&or=( @o&3on &o (5(>'n a&' S'>&'@'r +, 19/7.

Th' >ar&3'( a&'r ?3' &h'3r r'(>'c&3' >'a3n(.

P'&3&3on'r $a3ar ?3' B3&h &h3( Co5r& a ('con P'&3&3on ?or c'r&3orar3 an Proh33&3on ).R.No. /0*7/ on 19 No'@'r 19/7, 3n3&3a8 na@3n on8 "on. Ra5 M. )ona' a( r'(>on'n&.Tha& P'&3&3on a((a3' &h' 24 S'>&'@'r 19/7 R'(o5&3on +o? &h' HTanoa8anH 3n T-P Ca('No. /7; 01+04 r'co@@'n3n &ha& a3&3ona cr3@3na char'( ?or ra?& an corr5>&3on ' ?3'aa3n(& >'&3&3on'r $a3ar an ?3' * o&h'r 3n335a(. Onc' aa3n, >'&3&3on'r ra3(' &h'ar5@'n& o? &h' Tanoa8an=( acG o? a5&hor3&8 5n'r &h' 19/7 Con(&3&5&3on &o ?3' (5chcr3@3na ca('( an &o 3n'(&3a&' &h' (a@'. P'&3&3on'r a(o @o' ?or &h' con(o3a&3on o?&ha& >'&3&3on B3&h ).R. No. 79690;707.

!n a R'(o5&3on a&' 24 No'@'r 19/7,4

&h3( Co5r&, B3&ho5& 33n 5' co5r(' &o &h'('con >'&3&3on: 1 r'53r' r'(>on'n& )ona' &o (5@3& a co@@'n& &h'r'on: an 23((5' a &'@>orar8 r'(&ra3n3n or'r Hor'r3n r'(>on'n& "on. Ra5 M. )ona' &o CEASEan DES!ST ?ro@ ?5r&h'r ac&3n 3n T-P Ca(' No. /7;01+94 ... an >ar&3c5ar8, ?ro@ ?33n &h'cr3@3na 3n?or@a&3on con('5'n& &h'r'o? an ?ro@ con5c&3n >r'3@3nar8 3n'(&3a&3on&h'r'3n.H !n a ('>ara&' r'(o5&3on o? &h' (a@' a&', *).R. No(. 79690;707 an ).R. No. /0*7/B'r' or'r' con(o3a&' 8 &h' Co5r&.


53/98

!n &h' @'an&3@', hoB''r, on 20 No'@'r 19/7 or ?o5r 4 a8( >r3or &o 3((5anc' 8 &h3(Co5r& o? a &'@>orar8 r'(&ra3n3n or'r 3n ).R. No. /0*7/, &h' O??3c' o? &h' Tanoa8an3n(&3&5&' Cr3@3na Ca(' No. 12*70 6B3&h &h' San3ana8an Bh3ch 3((5' on 2+ No'@'r19/7 an Or'r o? Arr'(& 7?or >'&3&3on'r $a3ar an h3( co;acc5(' 3n Cr3@3na Ca(' No.12*70. U>on Mo&3on /o? >'&3&3on'r $a3ar, &h3( Co5r& 3((5' &h' ?ooB3n R'(o5&3on on /

D'c'@'r 19/7:

).R. No. /0*7/ Enr35' A. $a3ar (. "on. Ra5 M. )ona' anSan3ana8an. Th' @o&3on ?3' 8 &h' So3c3&or )'n'ra ?or r'(>on'n&( ?oran 'K&'n(3on o? &h3r&8 +0 a8( ?ro@ &h' 'K>3ra&3on o? &h' or33na >'r3o B3&h3nBh3ch &o ?3' co@@'n& on &h' >'&3&3on ?or c'r&3orar3 an >roh33&3on B3&h >ra8'r?or a Br3& o? >r'3@3nar8 3n5nc&3on or r'(&ra3n3n or'r 3( )RANTED.

Ac&3n on &h' @an3?'(&a&3on B3&h @o&3on &o &r'a& &h' San3ana8an a( >ar&8;r'(>on'n&, &h' Co5r& R'(o' &o a Con(3'r !MPLEADED &h'San3ana8an a( >ar&8 r'(>on'n&I an !n >5r(5anc' o? an

(5>>'@'n&3n &h' T'@>orar8 R'(&ra3n3n Or'r o? No'@'r 24, 19/7Hor'r3n r'(>on'n& "on. Ra5 M. )ona' &o CEASE an DES!ST ?ro@?5r&h'r ac&3n 3n T-P Ca(' No. /7;01+04 'n&3&', HCo@@3((3on on A53& (.)o. Enr35' $a3ar, '& a.H an >ar&3c5ar8, ?ro@ ?33n &h' cr3@3na3n?or@a&3on con('5'n& &h'r'o? an ?ro@ con5c&3n >r'3@3nar8 3n'(&3a&3on&h'r'3nH !SSUE a TEMPORAR RESTRA!N!N) ORDER '??'c&3' 3@@'3a&'8an con&3n53n 5n&3 ?5r&h'r or'r( ?ro@ &h3( Co5r&, or'r3n r'(>on'n&( "on.Ra5 M. )ona' an San3ana8an &o CEASE an DES!ST ?ro@ ?5r&h'rac&3n 3n Cr3@3na Ca(' No. 12*70, 'n&3&', HPeople of the Philippines vs.Enrique M. Zaldivar, et al.H an ?ro@

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