Case Digest (A.C. No. 6705)
Facts:
In Ruthie Lim-Santiago v. Atty. Carlos B. Sagucio, decided on March 31, 2006, the complainant, Ruthie Lim-Santiago, Special Administratrix of the estate of Alfonso Lim (former President and stockholder of Taggat Industries, Inc.), charged respondent Atty. Carlos B. Sagucio with conflict of interest under Rule 15.03 of the Code of Professional Responsibility and for engaging in the private practice of law while serving as Assistant Provincial Prosecutor of Tuguegarao, Cagayan. Taggat Industries, a timber-concession corporation sequestered in 1986 and closed in 1997, had employed 21 workers who, in July 1997, filed a criminal complaint (I.S. No. 97-240) against Lim-Santiago for non-payment of salaries from April 1996 to July 1997. Respondent, formerly Taggat’s Personnel Manager and retained counsel until his 1992 appointment as prosecutor, conducted the preliminary investigation and recommended filing 651 informations for violations of Articles 288 and 116 of the Labor Code. Lim-SCase Digest (A.C. No. 6705)
Facts:
- Parties and Background
- Complainant Ruthie Lim-Santiago is the daughter of Alfonso Lim and Special Administratrix of his estate; Alfonso Lim was a stockholder and former President of Taggat Industries, Inc.
- Respondent Atty. Carlos B. Sagucio served as Personnel Manager and retained counsel of Taggat Industries, Inc. until his appointment as Assistant Provincial Prosecutor of Tuguegarao, Cagayan in 1992.
- Corporate and Factual Context
- Taggat Industries, Inc. is a domestic timber-concessions corporation sequestered by the Presidential Commission on Good Government in 1986; it ceased operations in 1997.
- In July 1997, twenty-one former Taggat employees filed a criminal complaint (I.S. No. 97-240) against Ruthie Lim-Santiago, alleging unlawful withholding of salaries and wages from 1 April 1996 to 15 July 1997.
- Preliminary Investigation and Complaints
- As Assistant Provincial Prosecutor, respondent conducted the preliminary investigation and recommended filing of 651 informations for violations of Article 288 in relation to Article 116 of the Labor Code.
- Complainant charged respondent with:
- Respondent’s Denials and IBP Proceedings
- Respondent denied conflict, asserting he had resigned from Taggat in 1992; claimed consultancy fees were case-to-case and ceased in 1996; argued no harassment evidence.
- The Integrated Bar of the Philippines (IBP) Investigating Commissioners heard the case; Commissioner Funa recommended suspension; the IBP Board of Governors adopted the recommendation with modification and forwarded the record to the Supreme Court, finding respondent guilty of conflict of interest, failure to safeguard a former client’s interest, and private practice prohibition, with a recommendation of three years’ suspension.
Issues:
- Whether respondent violated Rule 15.03 of the Code of Professional Responsibility by representing conflicting interests in the preliminary investigation of I.S. No. 97-240.
- Whether respondent engaged in the private practice of law in violation of the statutory prohibition (RA 6713 Section 7[b][2]) while serving as a government prosecutor.
- What penalty, if any, should be imposed for proven violations of the Code of Professional Responsibility and related statutes.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)