Case Digest (A.C. No. 7023)
Facts:
- The case involves a complaint filed by Bun Siong Yao against Atty. Leonardo A. Aurelio for disbarment due to alleged violations of the Code of Professional Responsibility.
- The complaint was filed on November 11, 2004, before the Integrated Bar of the Philippines (IBP).
- Yao had retained Aurelio as his personal lawyer since 1987.
- Aurelio was also a stockholder and the retained counsel of Solar Farms & Livelihood Corporation and Solar Textile Finishing Corporation, where Yao was a majority stockholder.
- The dispute began in 1999 when Aurelio had a disagreement with Yao and demanded the return of his investment in the corporations.
- When Yao refused, Aurelio filed multiple charges for estafa and falsification of commercial documents against Yao, his wife, and other officers of the corporation.
- Aurelio also filed complaints for non-compliance with the reportorial requirements of the Securities and Exchange Commission (SEC) and for violations of the Corporation Code in various venues.
- Yao claimed these actions were a form of harassment and an abuse of confidential information obtained through their professional relationship.
- The investigating commissioner found Aurelio guilty of forum-shopping and representing conflicting interests, recommending a six-month suspension from the practice of law, which was adopted and approved by the IBP Board of Governors.
Issue:
- (Unlock)
Ruling:
- Yes, Atty. Leonardo A. Aurelio violated the Code of Professional Responsibility by filing multiple suits against his client and engaging in forum-shopping.
- Yes, Atty. Aurelio breached his fid...(Unlock)
Ratio:
- The Supreme Court found that the professional relationship between Yao and Aurelio was extensive, and their personal relationship by affinity further complicated the matter.
- The court emphasized that the relationship between an attorney and his client is fiduciary, requiring the lawyer to uphold fidelity, trust, and confidence.
- Canon 17 of the Code of Professional Responsibility mandates that a lawyer owes fidelity to the cause of his client and must preserve the confidences and secrets of the client perpetually.
- Aurelio's act of filing multiple suits on similar causes of action in different venues...continue reading
Case Digest (A.C. No. 7023)
Facts:
The case of "Bun Siong Yao v. Aurelio" involves a complaint filed by Bun Siong Yao against Atty. Leonardo A. Aurelio, seeking the latter's disbarment for alleged violations of the Code of Professional Responsibility. The complaint was filed on November 11, 2004, before the Integrated Bar of the Philippines (IBP). Yao had retained Aurelio as his personal lawyer since 1987. Aurelio was also a stockholder and the retained counsel of Solar Farms & Livelihood Corporation and Solar Textile Finishing Corporation, where Yao was a majority stockholder. The dispute arose in 1999 when Aurelio had a disagreement with Yao and demanded the return of his investment in the corporations. When Yao refused, Aurelio filed multiple charges for estafa and falsification of commercial documents against Yao, his wife, and other officers of the corporation. Aurelio also filed complaints for non-compliance with the reportorial requirements of the Securities and Exchange Commission (SEC) and for violations of the Corporation Code in various venues, which Yao claimed was a form of harassment and an abuse of confidential information obtained through their professional relationship. The investigating commissioner found Aurelio guilty of forum-shopping and representing conflicting interests, recommending a six-month suspension from the pr...