Title
Buted vs. Herdo
Case
A.C. No. 1359
Decision Date
Oct 17, 1991
Atty. Hernando represented conflicting interests in property disputes, violating professional ethics by opposing former clients without consent, leading to a five-month suspension.
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Case Digest (A.C. No. 1359)

Facts:

Background of the Case

  • On 22 August 1974, spouses Generosa Buted and Benito Bolisay filed an administrative complaint for malpractice against Atty. Harold M. Hernando, alleging that he abused professional secrets or information obtained as their counsel.

Partition Case

  • Generosa Buted, as a compulsory heir of the deceased Teofilo Buted, initiated an action for partition. Atty. Hernando represented Luciana Abadilla and Angela Buted in this case, successfully defending Luciana's claim of exclusive ownership over Lot 9439-B.

Sale of Lot 9439-B

  • After Luciana Abadilla's death, she sold Lot 9439-B to Benito Bolisay, and a new Transfer Certificate of Title (TCT) was issued in the name of complainant spouses.

Action for Specific Performance

  • Luis Sy and Elena Sy filed an action for specific performance against Benito Bolisay, claiming a lease extended to Lot 9439-B. Benito retained Atty. Hernando as his counsel, who defended his ownership of the lot. The Sy's were eventually ordered to vacate the property.

Cadastral Proceeding

  • On 23 February 1974, Atty. Hernando, without the consent of the heirs of Luciana Abadilla or the complainant spouses, filed a petition on behalf of the heirs of Carlos, Dionisia, and Francisco Abadilla to cancel the TCT of complainant spouses over Lot 9439-B. The petition was dismissed on 2 September 1974 due to prescription.

Complainants' Reaction

  • Complainant spouses disapproved of Atty. Hernando's actions in the cadastral proceeding, as evidenced by their letter dated 30 July 1974.

Respondent's Defense

  • Atty. Hernando denied having seen or taken hold of the TCT or having used any confidential information related to Lot 9439-B.

Issue:

  • Whether Atty. Harold M. Hernando had a conflict of interest by representing clients with opposing interests in the action for specific performance and the cadastral proceeding.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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