Case Summary (A.C. No. 10498)
Summary Judgment and Subsequent Appeal
RTC Order (Jan. 30, 2014) granted Pathways’ summary judgment for ₱16 million plus fees. Defendants secured new counsel and filed a notice of appeal. Respondent then directly contacted Judge Dumlao, offering to share attorney’s fees in exchange for denying appeal and issuing execution writ, while threatening a disbarment complaint if refused.
Execution Proceedings and Intrusion
After denial of appeal and issuance of writ on April 28, 2014, respondent demanded Sheriff Nabua to serve garnishment notwithstanding defendants’ offer of personal property satisfaction. On May 22, 2014, he barged into the judge’s chambers with a self-prepared garnishment order for ₱18.69 billion, threatened both judge and sheriff with dismissal and disbarment, and sent multiple menacing text messages alleging graft charges.
Procedural History and IBP Investigation
Judge Dumlao filed an incident report with the OCA. Despite notice, respondent failed to file a comment. The Court deemed waiver of his right to comment and referred the matter to the IBP for investigation. The IBP Commission on Bar Discipline found clear, convincing proof of multiple Code violations; the IBP Board adopted the findings but reduced penalty recommendation to six-month suspension.
Violations of the Code of Professional Responsibility
- Influence peddling (Canon 13; Rule 13.01): cultivating familiarity with judge and invoking high-level connections
- Attempted bribery (Canon 10; Rule 10.01): offering share of fees for favorable rulings
- Disrespect and threats (Canon 11; Rule 11.03): menacing language before court officers
- Unfair tactics (Canon 19; Rule 19.01): threatening unfounded criminal charges to coerce court personnel
- Breach of Lawyer’s Oath: falsehoods, intimidation, undermining judicial integrity
En Banc Ruling on Guilt
The Supreme Court, affirming applicable ethical canons under the 1987 Constitution, adopted factual findings of misconduct. It held that respondent’s conduct—bribery offers, influence peddling, threats to dismiss court officers and filing spurious charges—undermined public confidence and violated multiple professional canons and rules.
Penalty Assessment
Noting prior
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Facts
- Complainant is the Presiding Judge of the Regional Trial Court, Branch 42, Dagupan City, Pangasinan, handling CV Case No. 2004-0181-D (“Pathways Trading International, Inc. vs. Univet Agricultural Products, Inc., et al.”).
- Respondent, counsel for Pathways, engaged in premature fraternization with the judge, boasting of his close ties to Supreme Court Justices and his position at UP College of Law.
- Respondent offered to share a portion of his attorney’s fees if the judge denied the defendants’ notice of appeal and issued a writ of execution.
- He threatened to file a disbarment complaint against the judge and to use his alleged influence to have him removed if the offer was refused.
- On the morning the writ of execution was issued (April 28, 2014), respondent and Pathways’ representatives demanded that the court sheriff serve the writ immediately.
- On May 22, 2014, respondent forcibly entered the judge’s chambers with a self-prepared garnishment order, threatened Sheriff Russel Blair Nabua with dismissal, and sent menacing text messages to the judge.
Procedural History
- January 30, 2014: RTC grants Pathways’ motion for summary judgment, awarding P16,000,000 plus 10% attorney’s fees and costs.
- Defendants, through new counsel Atty. Geraldine U. Baniqued, file a notice of appeal.
- Respondent intervenes, seeks denial of appeal and issuance of writ of execution; the judge grants these on April 1 and April 28, 2014, respectively.
- Complainant files an Incident Report with the Office of the Court Administrator recounting respondent’s threats and misconduct.
- August 13, 2014: Supreme Court requires respondent