Case Summary (A.C. No. 12719)
Disciplinary Background and Employment Termination
Gerodias faced multiple disciplinary investigations during his tenure at OPASCOR, due to incidents involving conflicts with colleagues, damage to company property, and ultimately, theft of client property, which led to a crisis in employment relations culminating in his voluntary retirement. Despite being short of the required years of service for early retirement, Gerodias was allowed to retire early on the approval of Riveral, treating the situation preferentially rather than opting for criminal charges or termination.
Legal Complaints and Outcomes
Following his retirement, Gerodias filed a complaint for illegal dismissal against OPASCOR, which resulted in a dismissal by the Labor Arbiter due to lack of merit, a decision subsequently upheld by the National Labor Relations Commission (NLRC). Concurrently, Gerodias accused the respondents of colluding to improperly affect his employment status, alleging violations of the Code of Professional Responsibility (CPR).
Allegations of Professional Misconduct
Gerodias alleged that Riveral, Pulvera-Page, and Supatan conspired, along with Cadungog, the Labor Union President, to facilitate his termination. He cited conflicts of interest and inconsistencies in Secretary's Certificates submitted during the labor proceedings, asserting improper representation and ulterior motives behind the actions taken against him during the disciplinary process.
Respondents’ Defense and Findings
The respondents denied the conspiracy, affirming that Gerodias had voluntarily resigned and claimed that all actions taken were appropriate under the circumstances. Riveral highlighted his good faith in the retirement approval, while Pulvera-Page and Geyrosaga defended the legitimacy of the Secretary's Certificates signed by them, arguing that multiple signatories are permissible under OPASCOR’s by-laws.
Integrative Bar of the Philippines’ Report and Ruling
The Integrated Bar of the Philippines (IBP) ultimately recommended the dismissal of Gerodias’ complaint against the respondents, concluding that there was no factual or legal basis for the accusations and asserting that there were no violations of the CPR, suggesting that Gerodias' claims were unsubstantiated.
Court’s Ruling on the Disbarment Complaint
The Court affirmed the IBP’s findings, emphasizing that a complainant must provide convincing evidence to substantiate claims of professional misconduct against lawyers, who are presumed innocent otherwise. The Court found no evidence of bad faith or malice related to Riveral’s approval of Gerodias’ retirement, highlighting that such actions fell within his authority as President of OPASCOR.
Evaluati
...continue readingCase Syllabus (A.C. No. 12719)
Case Background
- On February 21, 2017, Sanny L. Gerodias filed a disbarment complaint against Attorneys Tomas A. Riveral, Annabel G. Pulvera-Page, and Lorena M. Supatan before the Integrated Bar of the Philippines (IBP).
- Gerodias was previously employed by Oriental Port and Allied Services Corporation (OPASCOR) and faced multiple disciplinary investigations during his employment for various infractions including conflicts with co-workers, property damage, and work abandonment.
- The final investigation resulted in Gerodias voluntarily retiring after allegedly stealing client property (a box of perfumes). Rather than terminating him, OPASCOR allowed him to resign with severance.
- Gerodias requested early retirement despite not meeting the company's required service length for such a program; his request was approved by Riveral, leading to a significant retirement package despite his short tenure.
Subsequent Legal Actions
- A month post-retirement, Gerodias filed a complaint for illegal dismissal against OPASCOR, seeking details on deductions from his retirement pay. In response, OPASCOR filed a criminal complaint for qualified theft against him.
- The Labor Arbiter dismissed Gerodias’ complaint for lack of merit, a decision upheld by the National Labor Relations Commission (NLRC) on appeal.
Disbarment Complaint Details
- Gerodias accused Riveral, Pulvera-Page, and Supatan of violating the Code of Professional Respon