Case Digest (A.C. No. 12415) Core Legal Reasoning Model
Facts:
This case is a disbarment complaint filed by Court of Appeals (CA) Associate Justices Fernanda Lampas-Peralta, Stephen C. Cruz, and Ramon Paul L. Hernando against Atty. Marie Frances E. Ramon. The complaint originated from an incident on March 4, 2016, where a certain Maria Rossan De Jesus visited the Office of the Division Clerk of Court of the CA Fifth Division to verify the authenticity of a decision purportedly authored by the complainants in a criminal case titled "People of the Philippines v. Tirso Fajardo y Delos Trino," docketed as CA-G.R. CR No. 08005. The decision allegedly ordered the acquittal of Tirso Fajardo, who is the cousin of De Jesus and was facing charges under Republic Act (R.A.) No. 9165. Respondent Atty. Ramon had provided this fake decision to De Jesus, claiming it was proof of Fajardo's acquittal, and she suggested that the promulgation of the decision depended on a significant payment to her.
Further inquiries by the complainants revealed
Case Digest (A.C. No. 12415) Expanded Legal Reasoning Model
Facts:
- Background and Parties
- Complainants: CA Associate Justices Fernanda Lampas-Peralta, Stephen C. Cruz, and Ramon Paul L. Hernando (the latter formerly a junior member of the CA Fifth Division, now a member of the Court).
- Respondent: Atty. Marie Frances E. Ramon, a member of the bar admitted on May 4, 2004 (Roll No. 49050), and counsel to parties involved in the case.
- Nature of the Proceeding: A Joint Complaint-Affidavit for disbarment filed before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline.
- Origin of the Complaint
- On March 4, 2016, a third party, Maria Rossan De Jesus, inquired at the Office of the Division Clerk of the CA Fifth Division about the veracity of a purported decision allegedly authored by the complainants.
- The decision pertained to the criminal case "People of the Philippines v. Tirso Fajardo y Delos Trino" (CA-G.R. CR No. 08005) and purportedly ordered the acquittal of Tirso Fajardo.
- Respondent, acting as counsel, provided this decision to De Jesus as "proof" of the acquittal, but indicated that its promulgation depended on the payment of a substantial sum.
- Discovery of Falsity and Entrapment Operation
- The complainants, upon checking their case assignments, discovered that the criminal case was still pending and assigned to a different CA Associate Justice.
- Confirmation was obtained via the CA Clerk of Court’s Certification.
- On March 9, 2016, it was learned through media reports that an entrapment operation had been conducted by the National Bureau of Investigation (NBI), leading to respondent’s capture red-handed while receiving marked money.
- The NBI complaint detailed that respondent fraudulently solicited approximately one million pesos in legal fees from her clients under false pretenses.
- Details of the Fraudulent Acts
- Respondent facilitated the creation and dissemination of a fake decision that allegedly acquitted Fajardo.
- She falsely included the names of the complainants in the fabricated decision, despite the case being raffled to another division.
- Her actions extended to misrepresenting her ability to influence Associate Justices of the Court of Appeals to secure acquittals.
- The operation further documented that respondents’ modus operandi involved extorting money by assuring expedited release of the fake decision, culminating in an entrapment at a public venue (Jollibee Restaurant, Kalaw Ave., Ermita, Manila).
- IBP Involvement and Administrative Proceedings
- Complainants filed the administrative complaint alleging disbarment on several grounds including misrepresentation, fraud, and gross misconduct.
- Despite due notice, respondent failed to file an answer or appear at the mandatory conference before the IBP Commission.
- The IBP Commission, after reviewing the Joint Position Paper filed by the complainants, issued a Report and Recommendation on September 26, 2016 recommending respondent’s disbarment.
- The IBP Board of Governors subsequently adopted these findings in a Resolution dated November 28, 2017, imposing disbarment.
Issues:
- Whether respondent, Atty. Marie Frances E. Ramon, committed acts that warrant disbarment.
- Did she engage in fraudulent and deceitful conduct by fabricating a fake court decision and misrepresenting the authority of the CA justices?
- Was her solicitation of exorbitant legal fees, including extortion of approximately one million pesos, sufficient to constitute a violation of the Lawyer’s Oath and the Code of Professional Responsibility?
- Whether respondent’s actions constitute grave misconduct under the applicable ethical and legal provisions.
- Is the deliberate inclusion of complainants’ names in a fabricated decision, which pertained to a case assigned to another division, a clear deviation from professional integrity?
- Did her conduct show a willful intent to defraud and compromise the reputation of the judiciary and legal profession?
- Whether the evidence, including the entrapment operation and NBI’s intervention, sufficiently substantiates the charge against respondent.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)