Case Digest (A.C. No. 11616)
Facts:
The case involves an administrative complaint filed by Lito V. Buenviaje (complainant) against Atty. Melchor G. Magdamo (respondent) for alleged violations of the Code of Professional Responsibility. The complaint was initiated on December 28, 2007, following the death of Buenviaje's wife, Fe Gonzalo-Buenviaje, on September 17, 2007. Buenviaje and Fe were married, as evidenced by their marriage contract. However, Atty. Magdamo represented Fe's sisters, Lydia and Florenia Gonzalo, who accused Buenviaje of bigamy, claiming he was married to another woman, Amalia Ventura, since 1978. In an effort to protect his clients' interests regarding Fe's estate, Atty. Magdamo sent a Notice of Death of Depositor to the Bank of the Philippine Islands (BPI) on October 11, 2007. This notice contained statements that labeled Buenviaje as a "clever swindler" and a "fugitive from justice," which he claimed were untrue and damaging to his reputation. Buenviaje ...
Case Digest (A.C. No. 11616)
Facts:
Marriage and Death of Fe Gonzalo-Buenviaje
- Lito Buenviaje (complainant) was married to Fe Gonzalo-Buenviaje, as evidenced by an NSO-issued Marriage Contract Register No. 87-13503-A. Fe died on September 17, 2007.
Criminal Case for Bigamy
- Atty. Melchor G. Magdamo (respondent) represented Fe’s sisters, Lydia and Florenia Gonzalo, who filed a criminal case for bigamy against Buenviaje. They alleged that Buenviaje was already married to Amalia Ventura in 1978, making his marriage to Fe invalid.
Notice of Death of Depositor
- Atty. Magdamo sent a Notice of Death of Depositor to the Bank of the Philippine Islands (BPI)-Dagupan Branch, where Buenviaje and Fe had a joint account. The Notice contained allegations that Buenviaje was a "clever swindler," a "fugitive from justice," and that Fe "never had a husband or child in her entire life."
Buenviaje’s Allegations
- Buenviaje claimed that Atty. Magdamo’s statements in the Notice were false, malicious, and intended to humiliate him. He denied being married to Amalia Ventura, admitting only to an extramarital relationship with her. He also denied being a fugitive, as the criminal case for bigamy was still pending before the prosecutor’s office.
Administrative Complaint
- Buenviaje filed an administrative complaint against Atty. Magdamo for violating the Code of Professional Responsibility, specifically Rule 1.01, Canon 7, Rule 7.03, and Rule 19.01.
IBP Findings
- The Integrated Bar of the Philippines (IBP) initially recommended a reprimand for Atty. Magdamo but later modified this to a three-month suspension from the practice of law.
Issue:
- Whether Atty. Magdamo violated the Code of Professional Responsibility by making false and malicious statements in the Notice of Death of Depositor.
- Whether Atty. Magdamo’s actions constituted unethical and unprofessional conduct warranting disciplinary action.
Ruling:
The Supreme Court affirmed the IBP’s resolution and suspended Atty. Magdamo from the practice of law for three months. The Court found that Atty. Magdamo violated Canons 8 and 10 of the Code of Professional Responsibility by using abusive, offensive, and improper language in his Notice to BPI-Dagupan.
Ratio:
- (Unlock)