Title
Philippine Island Kids International Foundation, Inc. vs. Pallugna
Case
A.C. No. 11653
Decision Date
Nov 23, 2021
Atty. Pallugna disbarred for obstructing justice, exploiting a minor trafficking victim, and violating ethical codes, undermining the legal profession's integrity.

Case Digest (A.C. No. 11653)

Facts:

  • Parties and Background
    • Philippine Island Kids International Foundation, Inc. (PIKIFI), a non-governmental organization aiding street children victims of abuse, filed a disbarment complaint against Atty. Alejandro Jose C. Pallugna for violations of Rule 138 of the Rules of Court and the Code of Professional Responsibility (CPR).
    • PIKIFI rescued several female children from prostitution in Divisoria, Cagayan de Oro City, including a minor identified as AAA, who was then 10 years old.
  • Criminal Case Against Michael John Collins and Sheena "Choy Choy" Maglinte
    • PIKIFI helped AAA file complaints against Michael John Collins (an American national) for rape and Sheena Maglinte for qualified trafficking.
    • Atty. Pallugna represented Collins and Maglinte.
    • The National Bureau of Investigation (NBI) recommended prosecution of Collins for rape and of Maglinte for trafficking.
    • The Office of the City Prosecutor (OCP) dismissed charges against Maglinte but found probable cause to indict Collins for rape, filing an Information in RTC Family Court Case No. 2012-511.
  • Attempts to Subvert Justice and Hide AAA
    • In August 2012, the rescued children ran away from PIKIFI shelter, but Maglinte, Collins’ wife Mae, and Collins took efforts to hide AAA forcibly, moving her between locations to prevent court attendance.
    • AAA managed to escape back to PIKIFI on August 5, 2012.
    • In November 2012, Maglinte and other women took AAA forcibly to meet an “attorney” at Flamenco Cafe & Bar, owned by Atty. Pallugna; a PIKIFI social worker intervened.
    • PIKIFI attempted to have AAA included in the DOJ Witness Protection Program, but the application was denied as Collins was still at large.
  • Atty. Pallugna’s Involvement in Manipulating AAA
    • In February 2016, Maglinte brought AAA to Flamenco Cafe & Bar where Atty. Pallugna offered AAA money (P600 initially, then P250 per non-appearance) to not attend court hearings regarding Collins’ case.
    • AAA broke the agreement and appeared in court in April 2016, but later was unlocatable by PIKIFI after May 2016, having gone to Iligan City for work without disclosing her whereabouts.
  • Further Scheme to Hide AAA and BBB
    • Atty. Pallugna, through Maglinte, contacted AAA’s boyfriend BBB and offered him employment as a security guard on condition that AAA remain hidden and the case dismissed, promising AAA P30,000 after dismissal.
    • AAA and BBB were moved to Maramag, Bukidnon, working under Black Water Security Agency (owned by Pallugna) in isolated, heavily guarded conditions, preventing AAA’s court attendance.
    • BBB did not receive promised wages and was threatened by Pallugna to keep his parents from being arrested to compel their stay.
    • PIKIFI repeatedly attempted to locate AAA, eventually coordinating with police for a rescue in September 2016.
  • Post-Rescue Developments and Additional Allegations
    • AAA returned and attended hearings; Collins appeared without counsel (Pallugna).
    • Maglinte and Pallugna attempted to find and hide AAA again, involving AAA's sister CCC with financial incentives.
    • PIKIFI filed the disbarment complaint against Atty. Pallugna.
    • DOJ recommended probable cause to indict Pallugna for Obstruction of Justice; dismissed Serious Illegal Detention case for lack of jurisdiction.
    • Pallugna was also alleged to have prevented child victim DDD from attending hearings by sending her away, but he denied these charges.
  • Positions and Proceedings
    • Atty. Pallugna denied wrongdoing, claiming the job offer was legitimate and denying any attempts to bribe or threaten.
    • Integrated Bar of the Philippines (IBP) Investigating Commissioner found Pallugna’s explanations unbelievable, concluded that Pallugna and Maglinte manipulated AAA and BBB to disable the prosecution, and recommended suspension totaling three years.
    • The IBP Board of Governors adopted the findings and recommended a three-year suspension.
    • Pallugna’s motion for reconsideration was denied.

Issues:

  • Whether the IBP Board of Governors correctly found Atty. Pallugna liable for violations of the Lawyer’s Oath and the Code of Professional Responsibility, specifically for conduct that impaired the administration of justice and the integrity of the legal profession.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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