Case Digest (A.C. No. 9604)
Case Digest (A.C. No. 9604)
Facts:
Rodrigo E. Tapay and Anthony J. Rustia, Complainants, vs. Atty. Charlie L. Bancolo and Atty. Janus T. Jarder, Respondents, A.C. No. 9604, March 20, 2013, Supreme Court Second Division, Carpio, J., writing for the Court.In October 2004, Tapay and Rustia, employees of the Sugar Regulatory Administration, received an Order from the Office of the Ombudsman–Visayas to file a counter‑affidavit to a complaint allegedly filed against them by their co‑employee Nehimias Divinagracia, Jr. The complaint dated 31 August 2004 bore the name of Atty. Charlie L. Bancolo of the Jarder Bancolo Law Office as counsel; when confronted, Atty. Bancolo denied having signed the pleading and later executed an affidavit (9 December 2004) disavowing the signature and submitting specimen signatures for comparison. Using that affidavit and other documents, Tapay and Rustia charged Divinagracia with falsification of the counsel’s signature.
The Office of the Ombudsman provisionally dismissed the original complaint on 28 March 2005 because the alleged falsification presented a prejudicial question to the complaint’s validity, and ordered separate cases for falsification of public document and dishonesty to be initiated against Divinagracia, with Rustia and Atty. Bancolo as complainants. Divinagracia filed a counter‑affidavit (1 August 2005) and produced an affidavit by Richard A. Cordero, a legal assistant, claiming the law office accepted the case and that the office secretary signed the pleading per Atty. Bancolo’s instructions. On 19 September 2005 the Ombudsman dismissed both the falsification (OMB‑V‑C‑05‑0207‑E) and dishonesty (OMB‑V‑A‑05‑0219‑E) matters for insufficiency or lack of substantial evidence.
On 29 November 2005 Tapay and Rustia lodged with the Integrated Bar of the Philippines (IBP) a disbarment complaint (CBD Case No. 05‑1612) against Atty. Bancolo and his partner Atty. Janus T. Jarder, alleging a practice of forging or improperly signing documents to harass clients and attaching a Philippine National Police Crime Laboratory report (1 July 2005) indicating disputed signatures were not those of Atty. Bancolo. The complainants later alleged the law office secretary, Mary Jane Gentugao, forged the signatures.
In their answer (26 January 2006) respondents admitted the Ombudsman cases were accepted by their firm and assigned to Atty. Bancolo; Atty. Bancolo explained he ordered staff to prepare pleadings and, due to “minor lapses,” permitted the office secretary to sign pleadings in his name. The parties exchanged pleadings and failed appearances by respondents led the IBP to deem them as having waived participation in the mandatory conference; position papers were filed in October 2006.
The IBP Investigating Commissioner (Atty. Lolita A. Quisumbing) submitted a Report (11 April 2007) finding Atty. Bancolo violated Rule 9.01, Canon 9 of the Code of Professional Responsibility and recommending a two‑year suspension, and finding that Atty. Jarder failed in supervisory responsibilities under Rule 1.01, Canon 1, recommending admonition. On 19 September 2007 the IBP Board of Governors adopted the Report with modification: it suspended Atty. Bancolo for one year and dismissed the case against Atty. Jarder for lack of merit. Motions for reconsideration by both complainants and Atty. Bancolo were denied in Resolution No. XX‑2012‑175 (9 June 2012), after which the matter was before the Court in this administrative case (A.C. No. 9604).
Issues:
- Did Atty. Charlie L. Bancolo commit an administrative violation by permitting a non‑lawyer (his secretary) to sign pleadings and other documents in his name, in violation of Rule 9.01, Canon 9 of the Code of Professional Responsibility?
- Is Atty. Janus T. Jarder, as senior partner, administratively liable for failing to exercise supervisory responsibility over matters of the Jarder Bancolo Law Office under Rule 1.01, Canon 1 of the Code of Professional Responsibility?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)