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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[A.C. No. 7269 : November 23, 2011]

ATTY. EDITA NOE-LACSAMANA, COMPLAINANT, VS. ATTY. YOLANDO F. BUSMENTE, RESPONDENT.

D E C I S I O N


CARPIO, J.:

The Case

Before the Court is a complaint for disbarment filed by Atty. Edita Noe-Lacsamana (Noe-Lacsamana) against Atty. Yolando F. Busmente (Busmente) before the Integrated Bar of the Philippines (IBP).

The Antecedent Facts

Noe-Lacsamana alleged in her complaint that she was the counsel for Irene Bides, the plaintiff in Civil Case No. SCA-2481 before the Regional Trial Court of Pasig City, Branch 167, while Busmente was the counsel for the defendant Imelda B. Ulaso (Ulaso). Noe-Lacsamana alleged that Ulaso's deed of sale over the property subject of Civil Case No. SCA-2481 was annulled, which resulted in the filing of an ejectment case before the Metropolitan Trial Court (MTC), San Juan, docketed as Civil Case No. 9284, where Busmente appeared as counsel. Another case for falsification was filed against Ulaso where Busmente also appeared as counsel. Noe-Lacsamana alleged that one Atty. Elizabeth Dela Rosa or Atty. Liza Dela Rosa (Dela Rosa) would accompany Ulaso in court, projecting herself as Busmente's collaborating counsel. Dela Rosa signed the minutes of the court proceedings in Civil Case No. 9284 nine times from 25 November 2003 to 8 February 2005. Noe-Lacsamana further alleged that the court orders and notices specified Dela Rosa as Busmente's collaborating counsel. Noe-Lacsamana alleged that upon verification with this Court and the Integrated Bar of the Philippines, she discovered that Dela Rosa was not a lawyer.

Busmente alleged that Dela Rosa was a law graduate and was his paralegal assistant for a few years. Busmente alleged that Dela Rosa's employment with him ended in 2000 but Dela Rosa was able to continue misrepresenting herself as a lawyer with the help of Regine Macasieb (Macasieb), Busmente's former secretary. Busmente alleged that he did not represent Ulaso in Civil Case No. 9284 and that his signature in the Answer1 presented as proof by Noe-Lacsamana was forged.

The Decision of the Commission on Bar Discipline

In its Report and Recommendation,2 the IBP Commission on Bar Discipline (IBP-CBD) found that Dela Rosa was not a lawyer and that she represented Ulaso as Busmente's collaborating counsel in Civil Case No. 9284. The IBP-CBD noted that while Busmente claimed that Dela Rosa no longer worked for him since 2000, there was no proof of her separation from employment. The IBP-CBD found that notices from the MTC San Juan, as well as the pleadings of the case, were all sent to Busmente's designated office address. The IBP-CBD stated that Busmente's only excuse was that Dela Rosa connived with his former secretary Macasieb so that the notices and pleadings would not reach him.

The IBP-CBD rejected the affidavit submitted by Judy M. Ortalez (Ortalez), Busmente's staff, alleging Macasieb's failure to endorse pleadings and notices of Civil Case No. 9284 to Busmente. The IBP-CBD noted that Ortalez did not exactly refer to Ulaso's case in her affidavit and that there was no mention that she actually witnessed Macasieb withholding pleadings and notices from Busmente. The IBP-CBD also noted that Macasieb was still working at Busmente's office in November 2003 as shown by the affidavit attached to a Motion to Lift Order of Default that she signed. However, even if Macasieb resigned in November 2003, Dela Rosa continued to represent Ulaso until 2005, which belied Busmente's allegation that Dela Rosa was able to illegally practice law using his office address without his knowledge and only due to Dela Rosa's connivance with Macasieb. As regards Busmente's allegation that his signature on the Answer was forged, the IBP-CBD gave Busmente the opportunity to coordinate with the National Bureau of Investigation (NBI) to prove that his signature was forged but he failed to submit any report from the NBI despite the lapse of four months from the time he reserved his right to submit the report.

The IBP-CBD recommended Busmente's suspension from the practice of law for not less than five years. On 26 May 2006, in its Resolution No. XVII-2006-271,3 the IBP Board of Governors adopted and approved the recommendation of the IBP-CBD, with modification by reducing the period of Busmente's suspension to six months.

Busmente filed a motion for reconsideration and submitted a report4 from the NBI stating that the signature in the Answer, when compared with standard/sample signatures submitted to its office, showed that they were not written by one and the same person. In its 14 May 2011 Resolution No. XIX-2011-168, the IBP Board of Governors denied Busmente's motion for reconsideration.

The Issue

The issue in this case is whether Busmente is guilty of directly or indirectly assisting Dela Rosa in her illegal practice of law that warrants his suspension from the practice of law.

The Ruling of this Court

We agree with the IBP.

Canon 9 of the Code of Professional Responsibility states:

Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

The Court ruled that the term "practice of law"
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