Case Summary (A.C. No. 1359)

Legal Ethics and Conflicting Interests

• The Canons of Professional Ethics prohibit lawyers from representing conflicting interests unless there is express consent from all parties after full disclosure of relevant facts.
• The current Code of Professional Responsibility mandates that such consent must be documented in writing.
• In this case, the necessary consent was not obtained.

Actual Transmission of Confidential Information Not Required

• The respondent argued that he had not received any confidential information from his former client, which he believed absolved him of wrongdoing.
• However, the mere fact that he previously represented one party in a matter precludes him from representing the opposing party in a related matter, regardless of whether confidential information was actually transmitted.
• The established rule in this jurisdiction emphasizes that the existence of a prior attorney-client relationship is sufficient to create a conflict of interest.

Absence of Monetary Consideration

• The absence of a fee does not exempt a lawyer from the obligation to avoid conflicts of interest.
• The prohibition against representing conflicting interests begins as soon as the attorney-client relationship is formed and continues even after that relationship ends.

Penalty for Violation of Professional Ethics

• The Court decided to suspend Atty. Harold M. Hernando from practicing law for five months due to his violation of the Canons of Professional Ethics.
• The Court issued a warning that any future similar offenses would result in more severe penalties.

Background of the Case

• The complainants, Generosa Buted and Benito Bolisay, filed a complaint against Atty. Hernando for alleged malpractice, claiming he misused confidential information obtained while representing them.
• The case involved a partition action where Hernando represented other parties and later took on a case against the complainants without their consent.

Conflict of Interest Established

• Atty. Hernando represented Benito Bolisay in an action for specific performance regarding Lot 9439-B, which he later contested in a petition for cancellation of the complainants' title.
• This dual representation created a clear conflict of interest, as he was advocating for opposing positions regarding the same property.

Importance of Professional Standards

• The Court emphasized the necessity for attorneys to maintain professional standards and avoid any appearance of imp...continue reading

Case Syllabus (A.C. No. 1359)

Background of the Case

• On 22 August 1974, Generosa Buted and Benito Bolisay filed an administrative complaint against Atty. Harold M. Hernando for malpractice, alleging abuse of professional secrets obtained while representing them.
• The complaint led to a formal investigation, initiated by the Court's resolution on 4 October 1974, referring the matter to the Solicitor-General.
• A Joint Affidavit of Desistance was presented by the complainants on 10 February 1975, but the investigation continued.

Key Events in the Dispute

• Respondent Atty. Hernando was previously involved as counsel for Luciana Abadilla and Angela Buted in a partition case concerning Lot 9439-B, where he successfully defended Luciana's claim of exclusive ownership.
• Luciana Abadilla sold Lot 9439-B to Benito Bolisay, who subsequently obtained a new Transfer Certificate of Title in his name.
• Following this, Atty. Hernando represented Bolisay in a specific performance action initiated by Luis Sy and Elena Sy, who claimed rights over a lease connected to Lot 9439-B.

Conflict of Interest Allegations

• On 23 February 1974, Hernando filed a petition to cancel the Transfer Certificate of Title of the complaina...continue reading