G.R. No. 81954 - Dario vs. Mison

Atty. Joseph Vincent T. Go (Complainant) filed a complaint for disbarment against Atty. Virgilio T. Teruel (Respondent) citing violations of Rules 12.02 and 12.04, and Canon 8 of the Code of Professional Responsibility (CPR).
The administrative complaint arose from two civil cases for forcible entry with damages pending in Branch 68, RTC Dumangas, Iloilo, where both attorneys were opposing counsels.
Atty. Go charged Atty. Teruel with malicious accusations of misrepresentation and intellectual dishonesty related to the alleged misrepresentation of the date of receipt of a Notice of Appealed Case concerning Civil Case No. 1176.

Atty. Go filed Complaint (IBP-CBD Case No. 11-2989) for falsification, perjury, and CPR violations against Atty. Teruel on April 4, 2011.
Atty. Teruel answered and later filed a Counter-Complaint and Rejoinder charging Atty. Go with violations including Rules of Court and CPR Canons.
On June 21, 2011, a day before Atty. Teruel’s Rejoinder, his client, Rev. Fr. Antonio P. Reyes, filed a separate Complaint against Atty. Go (IBP-CBD Case No. 11-3105) prepared by Atty. Teruel himself.
Atty. Go moved for contempt citations and dismissal of both the Counter-Complaint and Fr. Reyes’ Complaint on grounds of forum shopping.
Atty. Go subsequently filed another verified Complaint (IBP-CBD No. 11-3225) arguing that Atty. Teruel committed forum shopping by filing multiple similar actions.
Atty. Teruel denied forum shopping, claiming his Counter-Complaint was not docketed and that Fr. Reyes acted in his personal capacity, not as a party in the initial administrative case.
The IBP Investigating Commissioner found forum shopping by Atty. Teruel but no willful and deliberate intent due to his disclosure of the earlier Complaint. Recommending dismissal with a warning.
The IBP Board of Governors (BOG) adopted the recommendation and dismissed the complaint with caution to Atty. Teruel.
Atty. Go’s motion for reconsideration was denied by the IBP-BOG.

Atty. Go elevated the case to the Supreme Court, which referred the case to the Office of the Bar Confidant (OBC) for a report and recommendation.
The OBC recommended a six-month suspension for Atty. Teruel for willful and deliberate forum shopping based on his preparation and filing of two substantially identical complaints within a day.
OBC emphasized that the lawyer’s duty to aid in the speedy administration of justice prohibits filing multiple similar actions.

Whether or not Atty. Virgilio T. Teruel committed forum shopping by filing two administrative complaints against Atty. Joseph Vincent T. Go with substantially the same cause of action.
Whether the act of preparing and filing multiple complaints violates Rules 12.02 and 12.04 and Canons 1, 8, and 12 of the CPR.
Appropriate sanction for the established violations committed by the respondent.