Case Digest (A.C. No. 6708)
Facts:
- Felicitas S. Quiambao, president of Allied Investigation Bureau, Inc. (AIB), engaged Atty. Nestor A. Bamba for legal services.
- Atty. Bamba represented Quiambao in an ejectment case against Spouses Santiago and Florita Torroba, filed on December 29, 2000.
- Quiambao paid attorney's fees for the legal services provided.
- After resigning from AIB, Atty. Bamba filed a replevin and damages complaint against Quiambao on June 14, 2001, while still representing her in the ejectment case.
- Quiambao accused Atty. Bamba of disloyalty, alleging he encouraged her to start a new security agency, Quiambao Risk Management Specialists, Inc. (QRMSI), where he would be a silent partner.
- Atty. Bamba allegedly conspired with Quiambao's brother to create another agency, San Esteban Security Services, Inc. (SESSI).
- Atty. Bamba admitted to representing both parties but denied being Quiambao's personal lawyer.
- The Integrated Bar of the Philippines (IBP) found Atty. Bamba guilty of representing conflicting interests and initially recommended a one-year suspension, which was later reduced to a stern reprimand.
Issue:
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Ruling:
- The Supreme Court found Atty. Nestor A. Bamba guilty of serious misconduct for representing conflicting interests.
- The Court imposed a one-year suspension from the practice of law, rejecting ...(Unlock)
Ratio:
- The Supreme Court highlighted the prohibition against representing conflicting interests as per Rule 15.03, Canon 5 of the Code of Professional Responsibility.
- Atty. Bamba's simultaneous representation of Quiambao and AIB constituted a clear conflict of interest.
- The Court dismissed Bamba's claim of having the complainant's consent, noting the absence of evidence for full disclosure and written consent from both parties.
- The essence of the lawyer-client relationship is based on trust; any appearance of treachery undermines this foundation.
- Th...continue reading
Case Digest (A.C. No. 6708)
Facts:
The case involves Felicitas S. Quiambao as the complainant and Atty. Nestor A. Bamba as the respondent. The events leading to this administrative case for disbarment unfolded between June 2000 and January 2001. Felicitas Quiambao was the president and managing director of Allied Investigation Bureau, Inc. (AIB), a family-owned corporation providing security and investigation services. She engaged Atty. Bamba for legal services concerning both her corporate and personal legal matters. Specifically, Atty. Bamba represented her in an ejectment case against Spouses Santiago and Florita Torroba, filed on December 29, 2000, before the Metropolitan Trial Court (MeTC) of Parañaque City, which was registered as Civil Case No. 11928. Quiambao paid attorney's fees for these services.
However, on June 14, 2001, after resigning from AIB, Atty. Bamba filed a replevin and damages complaint against Quiambao on behalf of AIB, seeking the return of a service vehicle assigned to her. This was done while he was still her counsel in the ongoing ejectment case. Quiambao accused Atty. Bamba of disloyalty and double-dealing, alleging that he encouraged her to establish a new security agency, Quiambao Risk Management Specialists, Inc. (QRMSI), where he would be a silent partner. He also allegedly conspired with her brother, Leodegario Quiambao, to create another agency, San Esteban Security Services, Inc. (SESSI), while still representing AIB. Atty. Bamba admitted to representing Quiambao in the ejectment case and AIB in the replevin case but denied being her personal lawyer. He claimed that he believed it was part of his duties to handle personal cases of AIB's officer...