Title
Vivian A. Rubio vs. Atty. Jose F. Caoibes, Jr.
Case
A.C. No. 13358
Decision Date
Nov 29, 2022
Atty. Caoibes Jr. disbarred for deceit, notarial violations, abusive language, MCLE non-compliance, incorrect Roll numbers, and disregard for IBP orders.
disbarment
legal ethics
notarial practice
A

Case Summary (G.R. No. 16961)

Factual Background and Core Allegations

Rubio was the subject of an Estafa complaint filed by respondent for P4,500.00 before the MTC of Calaca. Respondent purportedly moved for mediation and proposed a settlement requiring payment of P200,000.00 for the dismissal of all cases he filed against Rubio and her mother; Rubio paid P100,000.00 on April 3, 2018 and completed payment by April 10, 2018 as evidenced by receipts. After payment, respondent refused to sign the Affidavit of Desistance prepared by complainant’s counsel and instead presented a document titled “Combined Affidavits of Admissions and Desistance,” which required Rubio to admit guilt; she refused to sign and respondent did not move for dismissal of the criminal cases as allegedly promised. Complainant also alleges respondent disparaged her in letters to her counsel and that she faced additional pending criminal cases at the time of filing the professional complaint.

Additional Relevant Pleadings and Conduct Toward Judges

Respondent filed several pleadings in other criminal cases that contain intemperate, disparaging language directed at presiding judges. Notable filings include a March 23, 2015 “Manifestation” in an RTC criminal case (attacking Judge Silang following an acquittal) and an April 17, 2018 “Manifestation and Urgent Omnibus Motion for Immediate Voluntary Inhibition” (the 2018 Manifestation and Motion) in the MTC of Calaca (containing harsh language directed at Judge Montes, a threat to file administrative charges, and an alleged walking out from the judge’s sala). The pattern of filings and motions for inhibition resulted, according to the complaint, in judges inhibiting and several cases remaining pending for extended periods.

Notarial Practice, Roll Numbers, and MCLE Allegations

Complainant alleged respondent used multiple Roll of Attorneys numbers in his pleadings and misrepresented MCLE compliance. Complainant also alleged respondent notarized documents in Calaca despite having a notarial commission issued by the RTC of Lemery (which, per the Court’s redefinition of territorial jurisdictions, covers Agoncillo, Lemery, and San Luis), while Calaca falls within the territorial jurisdiction of RTC Balayan; the Office of the Clerk of Court of RTC Balayan certified respondent was not commissioned to notarize within its territorial jurisdiction from 2014 to date. A Certification from the MCLE Office indicated respondent was not compliant with, nor exempt from, MCLE requirements for multiple compliance periods.

IBP Proceedings, Respondent’s Answer, and Procedural Posture

The Integrated Bar of the Philippines (IBP) required respondent to answer the complaint. Respondent sought repeated extensions and ultimately filed an Answer dated November 21, 2018. In his Answer he contended, inter alia, that complainant did not come with clean hands (citing her conviction in another Estafa case), that he had ceased active legal practice as of June 21, 2018 due to MCLE noncompliance, and that his notarial commission purportedly covered the Province of Batangas per an August 22, 2017 certification. Both parties attended a mandatory IBP conference in March 2020; the IBP later declared the conference waived and ordered position papers—complainant filed a position paper while respondent did not.

Investigating Commissioner’s Report and Recommendation

The IBP Investigating Commissioner issued a Report and Recommendation (May 31, 2021) concluding that respondent violated the Lawyer’s Oath, the CPR, and the Notarial Rules, and recommending disbarment. The Investigating Commissioner’s key findings included: (1) respondent deceived the complainant by demanding and receiving P200,000.00 in connection with a promise to have the criminal cases dismissed; (2) respondent used inconsistent Roll of Attorneys numbers in various pleadings (certified MCLE roll number 30889 but pleaded using 31889 and 38889 in some documents); (3) respondent employed offensive and abusive language in multiple pleadings directed at judges; (4) respondent failed to comply with MCLE requirements while representing parties; and (5) respondent notarized documents outside the territorial jurisdiction of his notarial commission.

IBP Board of Governors’ Modification

On August 28, 2021, the IBP Board of Governors modified the Investigating Commissioner’s recommendation and instead recommended the penalty of indefinite suspension from the practice of law in lieu of disbarment, taking respondent’s advanced age into account.

Issue before the Supreme Court

Whether respondent should be held administratively liable for the alleged violations of the Lawyer’s Oath, the CPR, the 2004 Notarial Rules, and Bar Matter No. 850, and what penalty should properly be imposed.

Supreme Court’s Findings on the Settlement and Deception

The Court adopted the IBP’s findings. It concluded respondent misled complainant: respondent did not deny receipt of P200,000.00; his May 4, 2018 letter (asserted after payment) acknowledged that only the civil aspect could be settled but that representation came after full payment; the Joint Affidavit of Judge Montes and complainant’s counsel corroborated that respondent proposed and agreed to dismissal of all cases upon full payment and swore under the Lawyer’s Oath he would do so; respondent’s “Combined Affidavits” required an implied admission of guilt inconsistent with the agreed settlement and with complainant’s expectations. Even if the parties could only properly compromise the civil aspect, the Court emphasized respondent’s failure to move for dismissal of even that civil aspect after receipt of the full amount. The Court held such conduct violated the Lawyer’s Oath and Rule 1.01, Canon 1 of the CPR prohibiting unlawful, dishonest or deceitful conduct.

Supreme Court’s Findings on Notarial Jurisdiction

Applying Section 11, Rule III of the Notarial Rules and the Court’s delineation of RTC territorial jurisdictions (A.M. No. 94-9-305-RTC), the Court found respondent notarized documents in Calaca even though his commissioning court (RTC Lemery, Branch 5) had territorial jurisdiction only over Agoncillo, Lemery, and San Luis. Calaca falls under RTC Balayan; respondent’s notarizations in Calaca therefore exceeded his notarial commission’s territorial jurisdiction and violated the Notarial Rules. The Court treated this as a breach of Rule 1.01, Canon 1 of the CPR, noting the special public trust in notarial acts and the risk to public confidence from improper notarizations.

Supreme Court’s Findings on Offensive Pleadings and Respect for the Judiciary

The Court held respondent’s repeated use of abusive and scandalous language in court pleadings contravened Canons 8 and 11 of the CPR and their attendant rules (Rules 8.01, 11.03–11.05). The Court quoted multiple passages from respondent’s pleadings that characterized judges using hyperbolic, offensive, and imputative language (e.g., accusing a judge of acting for the Devil, labeling decisions “a big lie,” calling a judge a “small dictator,” accusing a judge of “lawyering” for the prosecution). Respondent did not refute these statements. The Court reiterated that lawyers may criticize judges only through respectful language and proper channels, and that imputations of motive or moral character not supported by the record are impermissible.

Supreme Court’s Findings on MCLE Noncompliance and Misrepresentation

The Court found respondent failed to comply with the mandatory continuing legal education requirements under Bar Matter No. 850. The MCLE Office’s certification showed no record of compl

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