G.R. No. 176492 - Barrido vs. Nonato

Atty. Saniata Liwliwa V. Gonzales-Alzate was engaged as legal counsel by Robert Victor G. Seares, Jr. for his 2007 electoral campaign as Municipal Mayor of Dolores, Abra.
Seares, Jr. lost the May 2007 elections by a narrow margin of 50 votes.
Following the loss, Atty. Gonzales-Alzate filed an election protest on his behalf before the Regional Trial Court (RTC) in Bangued, Abra.

The initial petition, filed as a “Petition Of Protest Ad Cautelam,” was dismissed on the grounds that it was fatally defective.
Months later, Atty. Gonzales-Alzate insisted on filing another petition—this time a “Petition for Protest”—which was also dismissed, first for being already time-barred and secondly for forum shopping, owing to a false certification against such practice.
The RTC went so far as to declare her conduct as professionally negligent regarding the handling of Seares, Jr.’s election protest.

Seares, Jr. ran for Municipal Mayor again in May 2010 and was subsequently elected.
After his victory, Seares, Jr. discovered that his political opponents had retained Atty. Gonzales-Alzate as their legal counsel.
Within two months of assuming office, Seares, Jr. faced administrative charges—abuse of authority, oppression, and grave misconduct—filed by Carlito Turqueza in the Sangguniang Panlalawigan of Abra.
Notably, Atty. Gonzales-Alzate was also engaged as counsel by Carlito Turqueza in this administrative complaint, and it was alleged that she intentionally inserted false and hurtful statements against Seares, Jr. in the memorandum prepared for the case.

Seares, Jr. charged Atty. Gonzales-Alzate with incompetence and professional negligence for her handling of his 2007 election protest.
He further asserted that her actions—including the filing of defective petitions and the use of what he perceived as “cut-and-paste” methods in drafting certifications—demonstrated a lack of diligence and competence, in violation of Canon 17 and Canon 18 of the Code of Professional Responsibility.
An additional charge was that she represented conflicting interests by subsequently acting for Carlito Turqueza against Seares, Jr., purportedly violating Canon 15 of the Code, which prohibits any conflict of interest with a former client.
Based on these charges, Seares, Jr. prayed for Atty. Gonzales-Alzate’s disbarment.

She denied all allegations of professional negligence, incompetence, and conflict of interest.
Claimed that Seares, Jr. sought her services in the last week of May 2007 due to the unavailability of his previous counsel.
Asserted that it was Seares, Jr. and his parents who decided not to pursue the appeal against the dismissal of the petition despite her advice.
Explained that the “cut-and-paste” method in the certification against forum shopping was merely a vehicle for correcting dates and notarial details, without any wrongful intent or prejudice.
Regarding the conflict of interest charge, she noted:

In the May 2010 elections, she was retained by Dominic Valera and President Aquino—neither being Seares, Jr.’s political opponent.
Carlito Turqueza, although later filing administrative charges against Seares, Jr., was at one point his political ally.
She fully disclosed her previous representation of Seares, Jr. when taking on Turqueza’s case.
Seares, Jr. had not objected to her serving as counsel in the administrative matter.
The subject matter of the election protest was entirely distinct from the administrative complaint filed by Turqueza.

Whether Atty. Saniata Liwliwa V. Gonzales-Alzate was guilty of professional negligence and incompetence in the handling of Robert Victor G. Seares, Jr.’s 2007 election protest before the RTC.

Whether Atty. Gonzales-Alzate violated the prohibition against representing conflicting interests by simultaneously having represented Seares, Jr. (in the 2007 electoral protest) and later representing Carlito Turqueza in an administrative case against Seares, Jr.