EN BANC
A.C. No. 10868 [Formerly CBD Case No. 07-2041], January 26, 2016
CHERYL E. VASCO-TAMARAY, Complainant, v. ATTY. DEBORAH Z. DAQUIS, Respondent.
R E S O L U T I O N
PER CURIAM:
Pretending to be counsel for a party in a case and using a forged signature in a pleading merit the penalty of disbarment.
Cheryl E. Vasco-Tamaray (Vasco-Tamaray) filed a Complaint-Affidavit before the Integrated Bar of the Philippines on July 30, 2007, alleging that respondent Atty. Deborah Z. Daquis (Atty. Daquis) filed, on her behalf, a Petition for Declaration of Nullity of Marriage without her consent and forged her signature on the Petition.1 She also alleged that Atty. Daquis signed the Petition for Declaration of Nullity of Marriage as "counsel for petitioner," referring to Vasco-Tamaray.2chanroblesvirtuallawlibrary
Vasco-Tamaray stated that Atty. Daquis was not her counsel but that of her husband, Leomarte Regala Tamaray.3 To support her allegation, she attached the Affidavit4 of Maritess Marquez-Guerrero. The Affidavit states:
- Sometime in October 2006, I accompanied Cheryl Tamaray in going to East Cafe at Rustan's Makati to meet with her husband Leomarte Tamaray;
- We arrived at the said place at around 7:00 pm and Leomarte introduced to us (Cheryl and I) Atty. Deborah Z. Daquis as his lawyer. He further told us that Atty. Daquis' husband also worked in Japan and that's how he got to know the latter and got her services;
- Among other things, Leomarte told Cheryl that the reason for that meeting and the presence of Atty. Daquis was because he had decided to file a case to annul his marriage with Cheryl;
- Cheryl was shocked and just cried. After awhile [sic], Leomarte's brother arrived and shortly after, the group left;
- The next instance that I saw Atty. Daquis was when we (Cheryl and 1) went to McDonald's-Greenbelt where Atty. Daquis tried to convince her not to oppose Leomarte's decision to have their marriage annulled[.]5 (Emphasis supplied)
CANON 1 — A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes.
RULE 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
P[etitioner] & R[espondent] met sometime in 1993 through his secretary. They became sweethearts in 1993 and their relationship as steadies lasted until 1996;
During the 3 years of their union, petitioner knew respondent's family as she even sleeps in their house; Theirs was also a long distance relationship as respondent worked in Japan;
Upon respondents [sic] return to the Philippines they got married in Feb, 1996. They had no children, as respondent immediately left for Japan on March 11, 1996;
Respondent returned to the Philippines but unfortunately he brought another woman. As a result, petitioner left their house.39 (Emphasis supplied)
Rule 1.01, Canon 1 of the Code, as it is applied to the members of the legal professions, engraves an overriding prohibition against any form of misconduct, viz:CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
The gravity of the misconduct — determinative as it is of the errant lawyer's penalty — depends on the factual circumstances of each case.
. . . .
. . . Verily, members of the Bar are expected at all times to uphold the integrity and dignity of the legal profession and refrain from any act or omission which might lessen the trust and confidence reposed by the public in the fidelity, honesty, and integrity of the legal profession. By no insignificant measure, respondent blemished not only his integrity as a member of the Bar, but also that of the legal profession. In other words, his conduct fell short of the exacting standards expected of him as a guardian of law and justice.43chanroblesvirtuallawlibrary
CANON 7 — A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support the activities of the integrated bar.
RULE 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.
. . . .
CANON 10 — A lawyer owes candor, fairness and good faith to the court.
RULE 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead or allow the Court to be misled by any artifice.
Gross immorality, conviction of a crime involving moral turpitude, or fraudulent transactions can justify a lawyer's disbarment or suspension from the practice of law. Specifically, the deliberate falsification of the court decision by the respondent was an act that reflected a high degree of moral turpitude on his part. Worse, the act made a mockery of the administration of justice in this country, given the purpose of the falsification, which was to mislead a foreign tribunal on the personal status of a person. He thereby became unworthy of continuing as a member of the Bar.55chanrobleslaw
The Lawyer's Oath enjoins every lawyer not only to obey the laws of the land but also to refrain from doing any falsehood in or out of court or from consenting to the doing of any in court, and to conduct himself according to the best of his knowledge and discretion with all good fidelity to the courts as well as to his clients. Every lawyer is a servant of the law, and has to observe and maintain the rule of law as well as be an exemplar worthy of emulation by others. It is by no means a coincidence, therefore, that the core values of honesty, integrity, and trustworthiness are emphatically reiterated by the Code of Professional Responsibility. In this light, Rule 10.01, Canon 10 of the Code of Professional Responsibility provides that "[a] lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice."63 (Emphasis supplied)
CANON 17 - A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.
The legal profession dictates that it is not a mere duty, but an obligation, of a lawyer to accord the highest degree of fidelity, zeal and fervor in the protection of the client's interest. The most thorough groundwork and study must be undertaken in order to safeguard the interest of the client. The honor bestowed on his person to carry the title of a lawyer does not end upon taking the Lawyer's Oath and signing the Roll of Attorneys. Rather, such honor attaches to him for the entire duration of his practice of law and carries with it the consequent responsibility of not only satisfying the basic requirements but also going the extra mile in the protection of the interests of the client and the pursuit of justice[.]65chanroblesvirtuallawlibrary
Time and again, this Court emphasizes that the practice of law is imbued with public interest and that "a lawyer owes substantial duties not only to his client, but also to his brethren in the profession, to the courts, and to the nation, and takes part in one of the most important functions of the State—the administration of justice—as an officer of the court." Accordingly, "[ljawyers are bound to maintain not only a high standard of legal proficiency, but also of morality, honesty, integrity and fair dealing."67 (Citations omitted)
IV
CANON 15 — A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client.
. . . .
Rule 15.03 - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.
The rule prohibiting conflict of interest was fashioned to prevent situations wherein a lawyer would be representing a client whose interest is directly adverse to any of his present or former clients. In the same way, a lawyer may only be allowed to represent a client involving the same or a substantially related matter that is materially adverse to the former client only if the former client consents to it after consultation. The rule is grounded in the fiduciary obligation of loyalty. Throughout the course of a lawyer-client relationship, the lawyer learns all the facts connected with the client's case, including the weak and strong points of the case. Knowledge and information gathered in the course of the relationship must be treated as sacred and guarded with care. It behooves lawyers not only to keep inviolate the client's confidence, but also to avoid the appearance of treachery and double-dealing, for only then can litigants be encouraged to entrust their secrets to their lawyers, which is paramount in the administration of justice. The nature of that relationship is, therefore, one of trust and confidence of the highest degree.
. . . The spirit behind this rule is that the client's confidence once given should not be stripped by the mere expiration of the professional employment. Even after the severance of the relation, a lawyer should not do anything that will injuriously affect his former client in any matter in which the lawyer previously represented the client. Nor should the lawyer disclose or use any of the client's confidences acquired in the previous relation. In this regard, Canon 17 of the Code of Professional Responsibility expressly declares that: "A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him."
The lawyer's highest and most unquestioned duty is to protect the client at all hazards and costs even to himself. The protection given to the client is perpetual and does not cease with the termination of the litigation, nor is it affected by the client's ceasing to employ the attorney and retaining another, or by any other change of relation between them. It even survives the death of the client.71chanrobleslaw
There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing parties. The test is "whether or not in behalf of one client, it is the lawyer's duty to fight for an issue or claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this argument will be opposed by him when he argues for the other client." This rule covers not only cases in which confidential communications have been confided, but also those in which no confidence has been bestowed or will be used. Also, there is conflict of interests if the acceptance of the new retainer will require the attorney to perform an act which will injuriously affect his first client in any matter in which he represents him and also whether he will be called upon in his new relation to use against his first client any knowledge acquired through their connection. Another test of the inconsistency of interests is whether the acceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or double dealing in the performance thereof.23 (Emphasis supplied, citations omitted)
Rule 139-B. Disbarment and Discipline of Attorneys
. . . .
Section 12. Review and recommendation by the Board of Governors.
(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report. (b) After its review, the Board, by the vote of a majority of its total membership, shall recommend to the Supreme Court the dismissal of the complaint or the imposition of disciplinary action against the respondent. The Board shall issue a resolution setting forth its findings and recommendations, clearly and distinctly stating the facts and the reasons on which it is based. The resolution shall be issued within a period not exceeding thirty (30) days from the next meeting of the Board following the submission of the Investigator's report. (c) The Board's resolution, together with the entire records and all evidence presented and submitted, shall be transmitted to the Supreme Court for final action within ten (10) days from issuance of the resolution. (d) Notice of the resolution shall be given to all parties through their counsel, if any.<SUP STYLE="COLOR: RGB(255, 0, 0);">[76]</SUP>
Endnotes:
1Rollo, pp. 2-3, Complaint-Affidavit.
2 Id. at 5-7, Petition for Declaration of Nullity of Marriage, Annex "A" of Complaint-Affidavit.
3 Id. at 2, Complaint-Affidavit.
4 Id. at 68. Vasco-Tamaray stated that Maritess Marquez-Guerrero is her and her husband's friend (Id. at 77, TSN, May 22, 2008).
5 Id.
6 Id. at 2, Complaint-Affidavit.
7 Id.
8 Id.
9 Id. at 58-59, Complainant's Position Paper.
10 Id. at 2-3, Complaint-Affidavit.
11 Id. at 66. Certification issued by the Sangguniang Barangay of Putatan, Muntinlupa City.
12 Id. at 67, Barangay Clearance/Certification issued by Barangay Talipapa, Novaliches, Quezon City.
13 Id. at 60, Complainant's Position Paper.
14 Id. at 5, Petition for Declaration of Nullity of Marriage, Annex "A" of Complaint-Affidavit.
15 Id. at 60, Complainant's Position Paper.
16 Id. at 15, Answer.
17 Id. at 16.
18 Id. at 22-23.
19 Id.
20 Id. at 15, Answer.
21 Id. at 16.
22 Id.
23 Id. at 52, Order of the Commission on Bar Discipline dated May 22, 2008.
24 Id. at 58-62.
25 Id. at 108-111, Report and Recommendation of the Commission on Bar Discipline, penned by Commissioner Maria Editha A. Go-Binas.
26 Id. at 107, Notice of Resolution.
27 The Lawyer's Oath states:
I,___________________ , do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same. I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.
28Rollo p. 14, Answer.
29 Id. at 15.
30 Id. at 14-19.
31 Id. at 68, Maritess Marquez-Guerrero's Affidavit.
32 Id. at 15, Answer.
33 Id. at 14-19.
34 Id. at 14-15.
35 Id. at 68, Affidavit of Maritess Marquez-Guerrero.
36 Id.
37 Id. at 5, Petition for Declaration of Nullity of Marriage, Annex "A" of Complaint-Affidavit.
38 Id. at 45.
39 Id. at 24.
40 Id. at 2. The Complaint-Affidavit states that Vasco-Tamaray obtained a copy of the Petition on March 15, 2007.
41 Id. at 58-59, Complainant's Position Paper.
42 A.C. No. 9115, September 17, 2014, 735 SCRA 239 [Per J. Perlas-Bernabe, First Division].
43 Id. at 243-245.
44Rollo, p. 7, Petition for Declaration of Nullity of Marriage, Annex "A" of Complaint-Affidavit.
45 Id. at 3, Complaint.
46 Id. at 14, Answer.
47 Id. at 7, Petition for Declaration of Nullity of Marriage, Annex "A" of Complaint-Affidavit.
48 Id. at 69, Photocopies of Cheryl E. Vasco-Tamaray's identification cards.
49 Id. at 3, Complaint-Affidavit.
50 Id. See also the signatures on Barangay Certification issued by Barangay Talipapa, Quezon City (Id. at 9), Birth Certificate of Charles Dino Vasco (Id. at 21), Minutes of the meeting at the Office of the City Prosecutor, Muntinlupa City (Id. at 24), Minutes of the Hearing at the Commission on Bar Discipline dated October 4, 2007 (Id. at 27), Complainant's Position Paper (Id. at 61), Photocopies of Vasco-Tamaray's identification cards issued by the University of the East (Id. at 69), and Notice of Change of Address (Id. at 70).
51 Id. at 7, Petition for Declaration of Nullity of Marriage, Annex "A" of Complaint-Affidavit.
52 id.
53 A.C. No. 6732, October 22, 2013, 708 SCRA 1 [Per J. Bersamin, En Banc].
54 Id. at 9.
55 Id. at 10.
56Campos v. Campos, A.C. No. 8644, January 22, 2014, 714 SCRA 347 [Per J. Reyes, First Division].
57 Id.
58Dallong-Galicinao v. Castro, 510 Phil. 478 (2005) [Per J. Tinga, Second Division].
59Alitagtag v. Garcia, 451 Phil. 420 (2003) [Per Curiam, En Banc].
60Noble v. Ailes, A.C. No. 10628, July 1, 2015 [Per J. Perlas-Bernabe, First Division].
61Guevarra v. Eala, 555 Phil. 713 (2007) [Per Curiam, En Banc].
62 A.C. No. 10451, February 4, 2015 [Per J. Perlas-Bernabe, First Division].
63 Id. at 5-6.
64 A.C. No. 9149, September 4, 2013, 705 SCRA 1 [Per J. Villarama, Jr., First Division].
65 Id. at 14-15.
66 A.C. No. 8384, April 11, 2013, 696 SCRA 1 [Per J. Leonen, En Banc]
67 Id. at 6.
68Rollo, p. 7, Petition for Declaration of Nullity of Marriage, Annex "A" of Complaint-Affidavit.
69 Id. at 68, Affidavit of Maritess Marquez-Guerrero.
70 A.C. No. 6664, July 16, 2013, 701 SCRA241 [Per J. Bersamin En Banc]
71 Id. at 251-253.
72 453 Phil. 108 (2003) [Per J. Ynares-Santiago, First Division].
73 Id. at 111-112.
74Rollo, p. 68, Affidavit of Maritess Marquez-Guerrero.
75 Id. at 7, Petition for Declaration of Nullity of Marriage, Annex "A" of Complaint-Affidavit.
76 Bar Matter No. 1645. Re: Amendment of Rule 139-B (2015) [En Banc].
77 Rule 139-B, sec. 12(c), prior to the amendments introduced by Bar Matter No. 1645.
78 Rule 139-B, sec. 12(c), prior to the amendments introduced by Bar Matter No. 1645.
79 Rule 139-B, sec. 12(c), prior to the amendments introduced by Bar Matter No. 1645.
80Ramirez v. Buhayang-Margallo, A.C. No. 10537, February 3, 2015 [Per J. Leonen, En Banc].