CBD Case No. 176 - Bongalonta vs. Castillo

Complainant Sally D. Bongalonta filed a sworn letter-complaint dated February 15, 1995, against respondents Atty. Pablito M. Castillo and Atty. Alfonso M. Martija, members of the Philippine Bar, before the Commission on Bar Discipline, National Grievance Investigation Office, Integrated Bar of the Philippines.
The charges against the respondents were: unjust and unethical conduct, specifically representing conflicting interests and abetting a scheme to frustrate the execution or satisfaction of a judgment that complainant might obtain.

Complainant filed Criminal Case No. 7653-55 (estafa) and Civil Case No. 56934 with the Regional Trial Court (RTC) of Pasig against spouses Luisa and Solomer Abuel.
In Civil Case No. 56934, complainant secured a writ of preliminary attachment on a real property located in Pasig, Rizal, under TCT No. 38374, registered in the name of the Abuel spouses.
Atty. Pablito Castillo represented the Abuel spouses in both criminal and civil cases.

Gregorio Lantin filed Civil Case No. 58650 against the Abuel spouses before the same RTC for collection on a promissory note. He was represented by Atty. Alfonso Martija.
The Abuel spouses were declared in default for failure to file responsive pleadings and ex-parte evidence was received, leading to a default judgment in favor of Lantin.
A writ of execution was issued for Lantin’s judgment and the same property attached earlier by complainant was levied upon.

In all pleadings of the three cases, the respondents used the exact same address and identical Professional Tax Receipt (PTR) No. 629411 (issued 11-5-89) and IBP receipt No. 246722 (issued 1-12-88) stated as: Permanent Light Center, No. 7, 21st Avenue, Cubao, Quezon City.
Complainant inferred that Civil Case No. 58650 filed by Lantin was part of a scheme orchestrated by the Abuel spouses with the assistance of the respondents to frustrate satisfaction of complainant’s money judgment.

Documentary exhibits included a xerox copy of TCT No. 38374, admitted by both parties, showing under the Memorandum of Encumbrances:

Notice of Levy in favor of complainant and her husband was registered on February 7, 1989.
Notice of Levy in favor of Gregorio Lantin was registered later on October 18, 1989.

The earlier registered notice of levy in favor of complainant constituted a superior lien over that of Lantin.
Therefore, the charge that respondents represented conflicting interests and abetted a scheme to frustrate the execution of the judgment was dismissed due to lack of merit.
However, it was found that Atty. Pablito M. Castillo used the IBP official receipt number of Atty. Alfonso M. Martija in his pleadings, apparently through negligence.
Atty. Castillo’s secretary admitted fault in using the wrong IBP number and in delaying payment of membership dues, but such explanation was given little weight as lawyers have a bounded duty to timely pay dues.
As a result, the IBP recommended the suspension of Atty. Pablito M. Castillo for six (6) months and dismissal of the complaint against Atty. Alfonso M. Martija for lack of evidence.

The Supreme Court agreed with the IBP findings and recommendations.
The Court emphasized that the practice of law is a privilege, not a right, requiring continued observance of honesty and candor.
The Court found Atty. Castillo guilty of committing a falsehood in violation of his oath and the Code of Professional Responsibility.
Atty. Castillo was suspended from the practice of law for six (6) months, with a warning that repetition would result in a more severe penalty.
The decision was ordered to be entered into the personal record of the respondent.

Whether or not the respondents represented conflicting interests and abetted a scheme to frustrate the execution or satisfaction of the judgment that the complainant might obtain against the Abuel spouses.
Whether or not Atty. Pablito M. Castillo committed unethical conduct in using the IBP official receipt number of Atty. Alfonso M. Martija.
What disciplinary sanctions, if any, should be imposed on the respondents.