Case Digest (A.C. No. 11504)
Facts:
Ariel G. Palacios, for and in behalf of the AFP Retirement and Separation Benefits System (AFP‑RSBS) v. Atty. Bienvenido Braulio M. Amora, Jr., A.C. No. 11504, August 01, 2017, the Supreme Court En Banc, Per Curiam. Complainant Ariel G. Palacios, as AFP‑RSBS representative, lodged a complaint on March 11, 2008 seeking the disbarment of respondent Atty. Bienvenido Amora for alleged violations of the Lawyer’s Oath, several Canons/Rules of the Code of Professional Responsibility (CPR) (including Rules 15.01, 15.03, 21.01, 21.02), Section 20, Rule 138 of the Rules of Court, and Article 1491 of the Civil Code.The IBP‑Commission on Bar Discipline (IBP‑CBD) investigated and, after hearing, its Investigating Commissioner issued a Report and Recommendation dated June 21, 2010, advising dismissal of the complaint for lack of merit. On review, the Integrated Bar of the Philippines Board of Governors (IBP‑BOG) reversed the IBP‑CBD and, by Extended Resolution dated December 28, 2015, recommended that respondent be suspended from the practice of law for three years and ordered to return Php1.8 million to AFP‑RSBS. The BOG found violations of Rules 15.01, 15.03, 21.01 and 21.02 of the CPR and Article 1491 of the Civil Code.
The underlying factual matrix: AFP‑RSBS developed the “Riviera” project and retained respondent at various times (1997, 1999, 2000, 2000/2003) for multiple legal services, for which respondent received substantial payments (including Php6.5M, Php158,344.20, Php1.8M, Php14M and other checks). After termination of his engagement, respondent acted as representative/assignee for investor Philippine Golf Development and Equipment, Inc. (“Phil Golf”), sent swapping proposals to AFP‑RSBS, and filed an HLURB complaint on Phil Golf’s behalf alleging breach of contract and certifying under oath that he was the latter’s authorized representative despite Phil Golf’s earlier SEC revocation. AFP‑RSBS alleged respondent used confidential information obtained while its counsel, represented conflicting interests without written consent, and was therefore subject to disciplinary sanction.
...(Subscriber-Only)Issues:
- Should Atty. Bienvenido Braulio M. Amora, Jr. be held administratively liable for representing conflicting interests and for misuse of client confidences, thereby warranting dis...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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