Case Digest (A.C. No. 6422)
Facts:
Wilfredo T. Garcia v. Atty. Beniamino A. Lopez, A.C. No. 6422, August 28, 2007, Supreme Court First Division, Corona, J., writing for the Court. Complainant Atty. Wilfredo T. Garcia filed a complaint dated September 24, 2002 charging respondent Atty. Beniamino A. Lopez with violation of his oath as a member of the bar and with misrepresentation amounting to perjury, praying for suspension or disbarment.Garcia had been counsel of the late Angelina Sarmiento, applicant in LRC Case No. 05-M-96 pending before the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 15, seeking confirmation and registration of title over a 376,397 sq. m. tract. The RTC, in a decision dated November 29, 1997, granted the application; the judgment was ultimately upheld on appeal, became final and executory, and on February 21, 2002 the RTC ordered the Land Registration Authority (LRA) to issue the decree of registration and certificate of title. When the LRA did not comply, Garcia filed an urgent motion to cite the LRA administrator or his representative in contempt and hearings were scheduled.
On September 19, 2002, respondent Lopez filed an entry of appearance and motion for postponement in the contempt proceedings, representing himself to be counsel for the "heirs of Sarmiento." Garcia protested because he had not withdrawn as counsel of record and contended Lopez misrepresented that he represented all the heirs and deliberately omitted Garcia's status as counsel of record, an act Garcia characterized as an attempt at "unfair harvesting" of the fruits of his work dating from 1996. The alleged compulsory heirs included Gina Jarvina, Alfredo, Zenaida, Wilson, Jeanette and Geneva (surnamed Ku); Garcia produced affidavits of Gina Jarvina and Alfredo Ku stating they did not engage Lopez and recognized Garcia as counsel.
Lopez's explanation was that he had been retained on September 19, 2002 by Zenaida and Wilson Ku, who urgently needed representation for the next day's hearing; he filed an immediate entry of appearance and motion for postponement and blamed the omission of specific client names on an honest mistake, insisting there was no intent to mislead or to prejudice anyone. The complaint was referred to the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP). Investigating Commissioner Wilfredo E.J.E. Reyes, in a report dated January 8, 2004, found respondent guilty of misrepresentation and violation of Rule 8.02 of the Code of Professional Responsibility (CPR) and recommended a strong reprimand; the IBP Board of Governors adopted and approved that recommendation on February 27, 2004.
The Supreme Court affirmed the IBP's factual findings but increased the penalty: it suspended respondent from the practice of law for one (1) month for violating Canons 8 and 10, particularly Rules 8.02 and 10.01 of the CPR, and warned that repetition would be dealt...(Pro-only)
Issues:
- Did respondent Atty. Beniamino A. Lopez commit misrepresentation and thereby violate his duties under Canons 8 and 10 and Rules 8.02 and 10.01 of the Code of Professional Responsibility?
- If respondent is guilty, what penalty ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)