Title
Camacho vs. Pangulayan
Case
A.C. No. 4807
Decision Date
Mar 22, 2000
Lawyers representing AMACC negotiated re-admission agreements with expelled students without notifying their counsel, violating Canon 9, resulting in a 3-month suspension for Atty. Pangulayan.

Case Digest (A.C. No. 4807)

Facts:

Manuel N. Camacho v. Attys. Luis Meinrado C. Pangulayan, Regina D. Balmores, Catherine V. Laurel and Hubert Joaquin P. Bustos, A.C. No. 4807, March 22, 2000, the Supreme Court Third Division, Vitug, J., writing for the Court. Complainant Manuel N. Camacho was retained as counsel for a group of students expelled from AMA Computer College (AMACC) and subsequently filed Civil Case No. Q-97-30549 in the Regional Trial Court (Branch 78, Quezon City) seeking injunctive relief and damages arising from the expulsions. Respondents were lawyers of Pangulayan and Associates Law Offices, with Atty. Luis Meinrado C. Pangulayan admitting involvement in the negotiations and asserting that co-respondents did not participate.

While the civil case remained pending, four of the expelled students (assisted in some instances by parents) executed letters of apology and separate Re-Admission Agreements with the AMACC President on various dates in 1997. Those Re-Admission Agreements contained, among other things, stipulations that the signing students acknowledged guilt under the AMACC disciplinary manual and agreed to “terminate all civil, criminal and administrative proceedings” against AMACC; a Manifestation filed by defense counsel (Atty. Regina D. Balmores) with the trial court reproduced these stipulations and stated the students would file motions to withdraw from Civil Case No. Q-97-30549. Thereafter Judge Lopez dismissed that civil case by Resolution dated 14 June 1997.

Complainant Camacho filed a professional ethics complaint against the respondent lawyers with the Integrated Bar of the Philippines (IBP). The IBP Investigating Commissioner recommended disciplinary action. The IBP Board of Governors adopted the recommendation but amended the sanction: it resolved to suspend Atty. Pangulayan for six months and dismissed the case against the other respondents for not...(Subscriber-Only)

Issues:

  • Did respondent Atty. Luis Meinrado C. Pangulayan violate Canon 9 of the Code of Professional Ethics by communicating with and negotiating Re-Admission Agreements with students who were represented by counsel?
  • Are the other respondent lawyers liable for the same ethical violation?
  • If a violation is established, what discipli...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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