G.R. No. L-31690 - E. Razon, Inc. vs. Moya

Complainant Nestor Perez, then Barangay Captain of Binanuaanan, Calabanga, Camarines Sur, filed a letter-complaint on July 30, 2003, addressed to then Chief Justice Hilario G. Davide, Jr.
In his complaint, Perez charged respondent Atty. Danilo de la Torre with misconduct or conduct unbecoming of a lawyer by representing conflicting interests.

The complaint alleged that in December 2001, several suspects—including Sonny Boy Ilo and Diego Avila, who were implicated in murder and kidnapping for ransom—were detained by the police.
Respondent was said to have gone to the municipal building of Calabanga, where Ilo and Avila were detained, and made representations that he could secure their freedom should they execute extrajudicial confessions.
Unknown to the two accused, Atty. de la Torre was concurrently representing the heirs of a murder victim, which created a conflict of interest in his legal representation.

Respondent claimed that while detained, Avila sought his assistance in drafting an extrajudicial confession regarding crimes including kidnapping for ransom, murder, and robbery.
Atty. de la Torre explained that he advised Avila to inform his parents, apprised him of his constitutional rights, and mentioned the possibility of serving as a state-witness.
Similarly, when Ilo sought the attorney’s assistance in executing his extrajudicial confession, de la Torre conferred with him in the presence of his parents, ensuring that Ilo was not under undue compulsion.

The case was referred to the Integrated Bar of the Philippines (IBP) for investigation, after which the Investigating Commissioner recommended a one-year suspension for respondent Atty. de la Torre for violating Rule 15.03 of the Code of Professional Responsibility.
The IBP Board of Governors later modified the penalty recommendation, increasing the suspension period to two years.
The Investigating Commissioner found that the respondent admitted to representing both Avila and Ilo while also being the counsel of the victim’s family—a fact established through the testimony of the victim’s daughter, Vicky de Chavez, before the Regional Trial Court of Camarines Sur.

Whether Atty. Danilo de la Torre’s simultaneous representation of the heirs of the murder victim and the accused (Avila and Ilo) constituted a conflict of interest.

Determining whether the representation involved inconsistent duties that necessitated opposing legal arguments for different clients.
Evaluating if the representation without the requisite written consent from all concerned parties violated professional ethical standards.

Whether the respondent’s actions, specifically assisting the accused in executing extrajudicial confessions while representing the victim’s family, breached Rule 15.03 of the Code of Professional Responsibility.

Assessing if the respondent’s conduct exhibited double-dealing or impropriety by aiding parties with conflicting interests.
Evaluating the sufficiency of the respondent’s defense that he merely acted at the request of the accused and informed them of their constitutional rights.

Whether disbarment was an overly harsh penalty for a first offense.
Determining if a suspension, and for how long, would be an appropriate disciplinary measure under the prevailing legal and ethical standards.