De Leon vs. Castelo

Facts:

Jessie R. De Leon v. Atty. Eduardo G. Castelo, A.C. No. 8620, January 21, 2011, Supreme Court Third Division, Bersamin, J., writing for the Court. This administrative complaint arose from pleadings filed in Civil Case No. 4674MN (RTC, Branch 74, Malabon City), a suit initially instituted by the Republic of the Philippines, represented by the DENR Regional Executive Director, on January 2, 2006 to correct TCTs covering two parcels allegedly encroaching on public ways and the Malabon-Navotas River shoreline. The original defendants named by the Government were Spouses Lim Hio and Dolores Chu, among others.

On April 17, 2006, respondent Atty. Eduardo G. Castelo filed an answer with counterclaim and cross-claim in the principal action asserting that the two parcels had been sold to Leonardo C. Lim and William C. Lim, and proposing that the Lim sons act as substitute/representative parties. Two years later, on April 21, 2008, Jessie R. De Leon intervened in the same civil case and, in his complaint-in-intervention, named both the original Spouses Lim and the Lim sons as defendants in relation to interference with his property.

De Leon then filed an administrative complaint on April 29, 2010 accusing Atty. Castelo of dishonesty and falsification for filing pleadings in the names of Spouses Lim Hio and Dolores Chu despite their alleged deaths at the time of filing, invoking Articles 171 and 172 of the Revised Penal Code, the crime of Use of Falsified Documents, violation of the Lawyer’s Oath, and breaches of the Code of Professional Responsibility. The Supreme Court directed respondent to comment on June 23, 2010.

In his August 2, 2010 comment, Atty. Castelo explained he was engaged by William and Leonardo Lim (the Lim sons), prepared pleadings in honest belief the spouses were parties of record because of an alleged deed of sale transferring the properties to the sons, and later submitted death certificates to the trial court and moved for substitution of defendants; he also noted that the Office of the City Prosecutor dismissed the related criminal complaint on February 11, 2010 and denied reconsideration on May 17, 2010. De Leon replied on September 3, 2010, insisting the pleadings nonetheless amounted to falsification and that the prosecutor’s dismissal was baseless.

...(Pro-only)

Issues:

• Did respondent Atty. Eduardo G. Castelo commit dishonesty and falsification in the pleadings he filed in Civil Case No. 4674MN so as to warrant disbarment or suspension?
• If not, should the administrative complaint be dismissed as patently frivolous and f...(Pro-only)

Ruling:

• (Pro-only)

Ratio:

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Doctrine:

• (Pro-only)