Case Digest (G.R. No. 197559)
Facts:
Philippine Island Kids International Foundation, Inc. v. Atty. Alejandro Jose C. Pallugna, A.C. No. 11653, November 23, 2021, Supreme Court En Banc, Per Curiam. The case arises from a complaint for disbarment filed by PIKIFI (represented by Virgelia V. Demata) against Atty. Alejandro Jose C. Pallugna for alleged violations of the Rules of Court, Rule 138, and the Code of Professional Responsibility (CPR).PIKIFI is a non-governmental organization that rescued several prostituted female children in Divisoria, Cagayan de Oro City in April 2012 and assisted one victim, identified in the record by the pseudonym AAA, in filing a rape complaint against an American national, Michael John Collins, and an alleged accomplice, Sheena “Choy Choy” Maglinte. Atty. Pallugna appeared as counsel for Collins and Maglinte. The NBI recommended prosecution; the Office of the City Prosecutor found probable cause to indict Collins for rape and filed an Information in RTC Family Court (Family Court Case No. 2012-511). Maglinte was recommended for dismissal of the complaint against her.
From 2012 to 2016 there were repeated efforts to keep AAA from appearing at hearings: rescued girls initially ran away and were temporarily hidden; on November 30, 2012, AAA was forcibly taken but rescued in front of Atty. Pallugna’s Flamenco/Flamenco Cafe & Bar. PIKIFI placed AAA in its custody and sought witness protection; DOJ initially denied admission because Collins was at large. Collins was later apprehended and hearings set for 2016.
PIKIFI alleged that in early 2016 Atty. Pallugna met AAA at his bar and offered her money on multiple occasions to refrain from attending hearings (P600 once; P250 twice). In May 2016, PIKIFI alleges, Atty. Pallugna recruited AAA’s boyfriend, BBB, to work at Black Water Security Agency (part-owned by Atty. Pallugna), provided travel funds and a uniform, and arranged for both to be taken to an isolated posting in Maramag, Bukidnon, where they were effectively kept from returning to Cagayan de Oro; AAA then missed hearings on May 31, August 16 and 23, 2016. Despite these machinations, Atty. Pallugna later protested AAA’s non-appearance and sought dismissal for violation of Collins’s right to speedy trial.
PIKIFI mounted efforts to locate AAA; through a clandestine rescue coordinated with police in September 2016 AAA and BBB were retrieved and AAA eventually reappeared in court on September 27, 2016. The DOJ later issued a Resolution recommending dismissal of a serious illegal detention complaint but found probable cause to indict Atty. Pallugna and others for Obstruction of Justice under Presidential Decree No. 1829. PIKIFI then filed the administrative complaint for disbarment against Atty. Pallugna on March 10, 2017.
Atty. Pallugna denied the core allegations, claiming the introductions were for legitimate job placement and that any attorney-client relationship with Collins was "past" despite no formal withdrawal of appearance. He admitted partial ownership of Black Water and that he met AAA and BBB but denied conditioning employment on AAA’s non-appearance or threatening BBB’s family.
The IBP Investigating Commissioner, Abelardo P. De Jesus, found Atty. Pallugna’s explanations unbelievable, questioned his credibility, and concluded that Atty. Pallugna and others used BBB to reach and hide AAA to exculpate Collins; he recommended suspension totaling three years (one year for Canon 1 violations and two years for multiple other canon violations, to be served conse...(Subscriber-Only)
Issues:
- Whether the IBP Board of Governors correctly found that Atty. Pallugna violated his Lawyer’s Oath and the Canons of the Code of Professional Responsibility.
- If liability is established, whether the penalty of suspension as recommended by the IBP is adequate, or whether a more severe penalty (d...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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