A.C. No. 6708 - Quiambao vs. Bamba

The case involves a complaint against Atty. Nestor A. Bamba for serious misconduct, specifically representing conflicting interests.
Complainant Felicitas S. Quiambao alleges that Bamba filed a case against her while still representing her in another matter, constituting disloyalty and double-dealing.
Quiambao was the president of Allied Investigation Bureau, Inc. (AIB) and engaged Bamba for both corporate and personal legal matters.
Bamba filed a replevin case against Quiambao on behalf of AIB after she resigned, without withdrawing from her ongoing ejectment case.

Quiambao accuses Bamba of proposing that she start her own security agency, which led to her resignation from AIB.
Bamba assisted in forming Quiambao Risk Management Specialists, Inc. (QRMSI), where he was a silent partner.
He allegedly attempted to divert AIB's clients to a new agency, San Esteban Security Services, Inc. (SESSI), where he held significant positions.
Quiambao claims Bamba illegally diverted AIB funds to establish SESSI.

Bamba admits to representing Quiambao in the ejectment case and later AIB in the replevin case but denies being her personal lawyer.
He argues that he believed it was part of his role to handle personal cases of AIB's officers.
Bamba contends that the cases were unrelated, and thus, no conflict of interest existed.
He denies any involvement in the alleged diversion of AIB funds and claims that SESSI was established to complement AIB's business.

The investigating commissioner found Bamba guilty of representing conflicting interests, citing his simultaneous representation of Quiambao and AIB.
The commissioner recommended a one-year suspension from the practice of law.
The IBP Board of Governors adopted the findings but reduced the penalty to a stern reprimand.

Rule 15.03, Canon 5 of the Code of Professional Responsibility prohibits lawyers from representing conflicting interests without written consent from all parties.
The relationship between lawyer and client is based on trust, and any appearance of treachery undermines this relationship.
Various tests exist to determine if a lawyer's conduct constitutes a conflict of interest, including whether the lawyer must oppose one client’s interests while representing another.

Bamba's representation of both Quiambao and AIB constitutes a conflict of interest, regardless of the unrelated nature of the cases.
The absence of written consent from both parties further substantiates the violation of professional conduct rules.
Bamba's claim that he was duty-bound to represent AIB's interests does not absolve him of the conflict of interest.

The potential for conflict of interest exists even if the parties are not in the same action, as long as the lawyer's duties to each client may conflict.
Bamba's involvement with SESSI, a competing agency, raises further questions about his loyalty to AIB.
The law prohibits individuals from having interests in more than one security agency, which Bamba violated by organizing SESSI.

Bamba is found guilty of serious misconduct for violating the Code of Professional Responsibility.
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