Case Digest (A.C. No. 9422)
Facts:
In Atty. Florante S. Legaspi v. Atty. El Cid C. Fajardo, A.C. No. 9422, November 19, 2018, the Supreme Court Second Division, Perlas-Bernabe, J., writing for the Court, resolved an administrative complaint for alleged conflict of interest.Complainant Atty. Florante S. Legaspi filed an administrative complaint dated February 29, 2012 against respondent Atty. El Cid C. Fajardo, alleging that respondent represented conflicting interests in Civil Case No. CV-08-5950 before the Regional Trial Court (RTC) of Calapan City, Oriental Mindoro, Branch 40. The underlying case, initiated by complainant on behalf of his client Cristina Gabriel, was docketed July 31, 2008; the RTC issued a decision on December 10, 2010 based on a Compromise Agreement dated December 4, 2009.
The sequence of respondent’s actions was: on December 9, 2010 he filed a formal entry of appearance as collaborating counsel for defendant Jannet Malino; on January 18, 2011 he filed with the RTC a Special Power of Attorney (purportedly executed by Gabriel) dated December 1, 2010 and an Ex-Parte Plaintiff’s Motion to Dismiss signed as Gabriel’s attorney-in-fact; he also filed a notice terminating complainant’s services as counsel. Complainant opposed those filings and the RTC, in Orders dated February 3 and February 18, 2011, ruled in complainant’s favor, finding respondent’s pleadings irregular and, in any case, moot because the RTC’s ruling had become final and executory.
The Court referred the administrative complaint to the Integrated Bar of the Philippines (IBP) by Resolution dated December 5, 2012. The IBP Investigating Commissioner, in a Report and Recommendation dated January 4, 2014, found respondent administratively liable and recommended suspension for six months for violation of Rules 15.01 and 15.03, Canon 15 of the Code of Professional Responsibility (CPR). The IBP Board of Governors, however, adopted the report with modification and increased the recommended suspension to one year in its Resolution dated June 5, 2015; respondent’s motion for reconsideration was denied ...(Subscriber-Only)
Issues:
- Should respondent Atty. El Cid C. Fajardo be administratively sanctioned for representing conflicting interests in violation of Rules 15.01 and 15.03, Canon 15 of the Code of Professional Res...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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