Case Summary (A.C. No. 7547)
Allegations of Misconduct
Chan alleged that the respondents flaunted their influence within the NLRC and belittled the legal profession by asserting that NLRC decisions were merely drafted by clerical staff. Additionally, Chan claimed that during the proceedings of an illegal dismissal case filed against him by Susan Que Tiu, Go and Paras attempted to extort money from him in favor of Tiu. To substantiate these claims, Chan recounted a series of meetings with the respondents spanning from September 2003 to October 2004, during which he alleged they requested payment to settle Tiu's claims.
Meetings Details
The specific meetings detailed by Chan occurred as follows:
- First Meeting (September 16, 2003): Chan met Go and Paras, where Go boasted about his power within the NLRC and instructed Chan to accede to Tiu's settlement demands.
- Second Meeting (September 26, 2003): In the presence of a third party, Lim, the respondents reportedly pressured Chan to settle Tiu's claims.
- Subsequent Meetings: Numerous meetings were described where settlement demands were discussed, with Chan alleging continual coercion and manipulation.
NLRC Decision and Related Cases
Despite the described extortion attempts, the NLRC ruled in favor of Tiu on September 10, 2004, affirming the labor arbiter's decision but modifying the award. Following Chan's unsuccessful appeals, he filed an administrative complaint against the respondents. Notably, he concurrently faced legal challenges initiated by Paras for purported slander, which Chan contended were retaliatory acts.
Respondents' Defense
In their defense, both Go and Paras denied the allegations, asserting that Chan sought their assistance regarding his labor case. They contended that Chan was the one organizing meetings and insisted that no extortion or unethical practices occurred. Paras also clarified that he was not a government lawyer at the time of the alleged misconduct, undermining Chan's claim.
Burden of Proof and Court's Ruling
The court emphasized the burden of proof lies with the complainant in disbarment proceedings. Upon examination of evidence, the court concluded that Chan's claims lacked sufficient substantiation. The relationship between the alleged meetings and extortion was tenuous at best, and the evidence presented consisted mainly of Chan’s assertions. Furthermore, the court hi
...continue readingCase Syllabus (A.C. No. 7547)
Case Overview
- Complainant Gregory U. Chan filed a verified Complaint on June 5, 2007, seeking the disbarment or appropriate disciplinary sanctions against respondents Commissioner Romeo L. Go of the National Labor Relations Commission (NLRC) and Atty. Jose Raulito E. Paras.
- The basis for the complaint was the alleged misconduct of the respondents, which Chan claimed to be unbecoming and degrading to the legal profession, violating the Code of Professional Responsibility, Canons of Professional Ethics, and the Rules of Court.
Allegations Against Respondents
- The complainant accused the respondents of being influence peddlers capable of directing outcomes in cases pending before the NLRC.
- Respondents were alleged to have demeaned the legal profession by suggesting that NLRC decisions were merely drafted by subordinates.
- Extortion attempts were claimed by the complainant, where the respondents purportedly sought money on behalf of Susan Que Tiu, who had filed an illegal dismissal case against Chan.
Background of the Labor Case
- The controversy originated from an illegal dismissal case filed by Susan Que Tiu against Chan and his companies.
- The labor arbiter ruled in favor of Tiu on July 18, 2003, awarding her backwages, separation pay, and attorney's fees.
- While the case was pending appeal before the NLRC, Chan alleged that the respondents attempted to extort money from him.
Timeline of Meetings
First Meeting (September 16, 2003): Held at Yuraken Japanese Restaurant, Manila, where Go claimed to have influence at the NLRC and advised Chan to acquiesce to Tiu’s demands.
Second Meeting (September 26, 2003): At Akiga Japanese Restaur