EN BANC
A.C. No. 5580, July 31, 2018
SAN JOSE HOMEOWNERS ASSOCIATION, INC. AS REPRESENTED BY REBECCA V. LABRADOR, Complainant, v. ATTY. ROBERTO B. ROMANILLOS, Respondent.
R E S O L U T I O N
PER CURIAM:
In 1985, respondent represented San Jose Homeowners Association, Inc. (SJHAI) before the Human Settlements Regulation Commission (HSRC) in a case[, docketed as HSRC Case No. REM-021082-0822 (NHA-80-309),] against Durano and Corp., Inc. (DCI) for violation of the Subdivision and Condominium Buyer's Protection Act (P.D. No. 957). SJHAI alleged that Lot No. 224 was designated as a school site in the subdivision plan that DCI submitted to the Bureau of Lands in 1961 but was sold by DCI to spouses Ramon and Beatriz Durano without disclosing it as a school site.In a Decision9 dated June 15, 2005, the Court found merit in the complaint, and thus, held respondent guilty of violating the lawyer's oath, as well as Rule 1.01, 3.01 and 15.03 of the Code of Professional Responsibility, resulting in his disbarment from the practice of law:
While still the counsel for SJHAI, respondent represented Myrna and Antonio Montealegre in requesting for SJHAI's conformity to construct a school building on Lot No. 224 to be purchased from Durano.
When the request was denied, respondent applied for clearance before the Housing and Land Use Regulatory Board (HLURB) in behalf of Montealegre. Petitioner's Board of Directors terminated respondent's services as counsel and engaged another lawyer to represent the association.
Respondent also acted as counsel for Lydia Durano-Rodriguez who substituted for DCI in Civil Case No. 18014 entitled "San Jose Homeowners, Inc. v. Durano and Corp., Inc." filed before the Regional Trial Court of Makati City, Branch 134. Thus, SJHAI filed a disbarment case against respondent for representing conflicting interests, docketed as Administrative Case No. 4783.
In her Report dated August 3, 1998, Investigating Commissioner Lydia A. Navarro of the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) made the following findings:... Respondent failed to observe [the] candor and fairness in dealing with his clients, knowing fully well that the Montealegre case was adverse to the Complainant wherein he had previously been not only an active board member but its corporate secretary having access to all its documents confidential or otherwise and its counsel in handling the implementation of the writ of execution against its developer and owner, Durano and Co.[,] Inc.The Investigating Commissioner recommended the dismissal of the complaint with the admonition that respondent should observe extra care and diligence in the practice of his profession to uphold the dignity and integrity beyond reproach.
Moreso, when Respondent acted as counsel for the substituted defendant Durano and Co.[,] Inc., Lydia Durano-Rodriguez; the conflict of interest between the latter and the Complainant became so revealing and yet Respondent proceeded to represent the former....
For his defense of good faith in doing so; inasmuch as the same wasn't controverted by the Complainant which was his first offense; Respondent must be given the benefit of the doubt to rectify his error subject to the condition that should he commit the same in the future; severe penalty will be imposed upon him.4
The IBP Board of Governors adopted and approved the report and recommendation of the Investigating Commissioner, which [the Court] noted in [its] [R]esolution dated March 8, 1999.
Notwithstanding the admonition, respondent continued representing Lydia Durano-Rodriguez before the Court of Appeals5 and the Court6 and even moved for the execution of the decision.
Thus, a second disbarment case was filed against respondent for violation of the March 8, 1999 Resolution in A.C. No. 4783 and for his alleged deceitful conduct in using the title "Judge" although he was found guilty of grave and serious misconduct.
Respondent used the title "Judge" in his office letterhead, correspondences and billboards which was erected in several areas within the San Jose Subdivision sometime in October 2001.
In his Comment and Explanation,7 respondent claimed that he continued to represent Lydia Durano-Rodriguez against petitioner despite the March 8, 1999 Resolution because it was still pending when the second disbarment case was filed. He maintained that the instant petition is a rehash of the first disbarment case from which he was exonerated. Concerning the title "Judge[,]" respondent stated that since the filing of the instant petition, he had ceased to attach the title to his name.8 (Italics supplied)
WHEREFORE, respondent Atty. Roberto B. Romanillos is DISBARRED and his name is ORDERED STRICKEN from the Roll of Attorneys. Let a copy of this Decision be entered in respondent's record as a member of the Bar, and notice of the same be served on the Integrated Bar of the Philippines, and on the Office of the Court Administrator for circulation to all courts in the country.The Court En Banc ruled in this wise:
SO ORDERED.10 (Emphasis in the original)
It is inconsequential that petitioner never questioned the propriety of respondent's continued representation of Lydia Durano-Rodriguez. The lack of opposition does not mean tacit consent. As long as the lawyer represents inconsistent interests of two (2) or more opposing clients, he is guilty of violating his oath. Rule 15.03 of the Code of Professional Responsibility specifically mandates that a lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure. Incidentally, it is also misleading for respondent to insist that he was exonerated in A.C. No. 4783.Aggrieved, respondent filed on July 16, 2005 a Motion for Reconsideration and/or Plea for Human Compassion,14 praying that the penalty imposed be reduced from disbarment to suspension for three (3) to six (6) months. The Court denied the aforesaid Motion for Reconsideration in a Resolution15 dated August 23, 2005.
We agree with the IBP that respondent's continued use of the title "Judge" violated Rules 1.01 and 3.01 of the Code of Professional Responsibility prohibiting a lawyer from engaging in deceitful conduct and from using any misleading statement or claim regarding qualifications or legal services. The quasi-judicial notice he posted in the billboards referring to himself as a judge is deceiving. It was a clear attempt to mislead the public into believing that the order was issued in his capacity as a judge when he was dishonorably stripped of the privilege.
Respondent did not honorably retire from the judiciary. He resigned from being a judge during the pendency of Zarate v. Judge Romanillos, where he was eventually found guilty of grave and serious misconduct and would have been dismissed from the service had he not resigned.
In that case, respondent was found guilty of illegal solicitation and receipt of P10,000.00 from a party litigant. We ruled thus:Considering the foregoing, respondent Judge Roberto B. Rornanillos is hereby found guilty of grave and serious misconduct affecting his integrity and honesty. He deserves the supreme penalty of dismissal. However, respondent, in an obvious attempt to escape punishment for his misdeeds, tendered his resignation during the pendency of this case. ... Consequently, we are now precluded from dismissing respondent from the service. Nevertheless, the ruling in People v. Valenzuela (135 SCRA 712 [1985]), wherein the respondent judge likewise resigned before the case could be resolved, finds application in this case. Therein it was held that the rule that the resignation or retirement of a respondent judge in an administrative case renders the case moot and academic, is not a hard and fast rule. ...The penalty imposed upon him in said case included forfeiture of all leave and retirement benefits and privileges to which he may be entitled with prejudice to reinstatement and/or reemployment in any branch or instrumentality of government, including government-owned or controlled agencies or corporations. Certainly, the use of the title "Judge" is one of such privileges.
ACCORDINGLY, in view of our aforestated finding that respondent Judge Romanillos is guilty of grave and serious misconduct which would have warranted his dismissal from the service had he not resigned during the pendency of this case, and it appearing that respondent has yet to apply for his retirement benefits and other privileges if any; the Court, consistent with the penalties imposed in Valenzuela (supra), hereby orders the FORFEITURE of all leave and retirement benefits and privileges to which herein respondent Judge Romanillos may be entitled WITH PREJUDICE to reinstatement and/or reemployment in any branch or instrumentality of government, including government-owned or controlled agencies or corporations.
SO ORDERED.11
x x x x
This is not respondent's first infraction as an officer of the court and a member of the legal profession. He was stripped of his retirement benefits and other privileges in Zarate v. Judge Romanillos.12 In A.C. No. 4783, he got off lightly with just an admonition. Considering his previous infractions, respondent should have adhered to the tenets of his profession with extra fervor and vigilance. He did not. On the contrary, he manifested undue disrespect to our mandate and exhibited a propensity to violate the laws. He is thus unfit to discharge the duties of his office and unworthy of the trust and confidence reposed on him as an officer of the court. His disbarment is consequently warranted.13 (Additional emphasis and italics supplied)
Name Date of Letter Relationship to respondent Testimony/ies in favor of respondent 1) Jaime B. Trinidad March 7, 201725 Friend Respondent is a person of good moral character since 1990. 2) Teodoro Adriatico Dominguez
(Marketing Director, Philippines & Sea Ayerst Philippines, Ayerst International; Director, Senior Citizens Assn. of Bgy. BF; Past Coordinator, Member of the Lay Ministers Resurrection of Our Lord Parish, BFHP; Past Grand Knight, F. Navigator, Dist. Deputy Knights of Columbus Council 7147; U.P. Pan Xenia; and UTOPIA, Ateneo) March 9, 201726 Tennis buddy Respondent is kind, friendly, very approachable, quick to help with free legal advice/counsel. 3) Carolina L. Nielsen March 20, 201727 Neighbor Respondent graciously rendered free legal advice to her and her family. 4) Arnaldo C. Cuasay Undated28 Brother-in-law After his disbarment, respondent dedicated his life to taking care of his sick wife, who eventually died a few years after.
Respondent also provided support to his children's education and other needs as well as helping relatives and friends. Respondent also provided community services in Muntinlupa and his hometown in Cebu. 5) Atty. Manuel Lasema, Jr.
(Founder, Former Chairman and President, Las Piñas City Bar Association, Inc.; Former Director, Secretary and Vice President, IBP PPLLM Chapter; Former Professor of Law, FEU Institute of Law; Third Placer, 1984 Bar Examinations; and Partner, Lasema Cueva-Mercader Law Offices) March 28, 201729 Colleague Respondent served as a former president of the Las Piñas City Bar Association.
Respondent implemented various seminars, dialogues and other Bar activities. 6) Patricia C. Sison and Marie Louise Kahn Magsaysay
(Chairman) and President, Philipine Ballet Theatre, Inc. (PBT) Undated Statement30 Clients Respondent is the adviser of the PBT. Respondent advised PBT Board members regarding urgent problems affecting company operations.
Respondent also provided PBT with appropriate guidelines regarding the manner in which they should conduct their duties affecting PBT's legal and financial obligations. 7) Francisco C. Cornejo
(President, U.P. Alumni Association) March 24, 201731 Friend Respondent is a person of good moral character, especially in his business dealings. 8) Dr. Artemio I. Panganiban, Jr.
(President, Professional Academy of the Philippines) March 9, 201732 Friend Respondent is a person of good moral character since 1968. 9) Dean Dionisio G. Magpantay
(Chairman and President, Asian+ Council of Leaders, Administrators, Deans and Educators in Business) March 20, 201733 Colleague Respondent and Magpantay served together in the Federation of Homeowners Association Executive Board in the mid and end of the 1990s, and in their Church and community service with the Knights of Columbus in mid 2000, until the present. 10) Maximo A. Ricohermoso
(President, Rotary Club of Mandaue North; and Chairman, Seaweed Industry Association of the Philippines, Inc.) March 10, 201734 Colleague Respondent is a fellow Rotarian at the Rotary Club of Mandaue North, Mandaue City, Cebu, since the early 1980s. 11) Arsenio M. Bartolome III
(First Chairman/President, Bases Conversion Development Authority; and Former President, Philippine National Bank) March 8, 201735 Colleague Respondent helps his PWD brother-in-law, Mr. Manuel H. Reyes, in his business transactions. 12) Rodigilio M. Oriino
(Former President, Rotary Club of Uptown Manila) March 13, 201736 Co-employee Respondent was his co-employee in the Legal Department of FNCB Finance.
Respondent has not done any wrong doing that will affect his good moral character and profession as a lawyer. 13) Epimaco M. Densing, Jr.
(Former Chapter President, Philippine Institute of Certified Public Accountants, Cagayan de Oro Chapter; Charter Chapter President, Government Association of CPAs, Cebu Chapter; and Former Chapter Head, Brotherhood of Christian Businessmen & Professionals, Paranaque Chapter) Undated37 Friend Respondent is a friend for over 20 years, whom he knows as a person of good moral character. 14) Mamerto A. Marcelo, Jr. Undated38 Colleague Respondent was employed as one of the lawyers in the Collection Department of FNCB Finance, of which Marcelo was then a Vice President.
Later on, Marcelo hired respondent as a legal consultant in a telecommunications company the former later worked with. 15) Atty. Eleuterio P. Ong Vaño
(Former National President, Philippine Association of Real Estate Boards, Inc.) March 14, 201739 Friend Respondent is known to Atty. Vaño as a respectable person of good moral character. 16) Domingo L. Mapa
(President, Santos Ventura Hocorma Foundation, Inc.) March 7, 201740
Colleague Respondent is "one with [them]"41 in pursuing their advocacies in their scholarship program. 17) Ernesto M. Caringal
(President, Abcar International Construction Corporation) March 7, 201742 Colleague Caringal hired respondent as Vice President for Administration of his company even after he was disbarred in 2005 because Caringal believes respondent is a person of good moral character. 18) Rolando L. Sianghio
(President, Lacto Asia Pacific Corporation) March 14, 201743 Colleague Respondent rendered voluntary service as Adviser-Consultant of the Directors of the Habitat for Humanity and i-Homes in their programs for housing for the poor. 19) PSSupt. Marino Ravelo
(Retired PDEA Director) March 10, 201744 Business Partner Respondent is Ravelo's business partner in the sourcing and supply of nickel and chromite raw ores from Zambales to their local customers.
Respondent has never been involved in any shady business deals. 20) Atty. Tranquilino R. Gale
(Legal Counselor & Consultant) March 14, 201745 Former partner in law firm Respondent was the former law firm partner of Atty. Gale, prior to respondent's appointment as RTC judge.
Respondent is honest and of good moral character in his public and private dealings even after he was disbarred. 21) Godofredo D. Asunto
(President, Waterfun Condominium Bldg. 1 Inc. (Homeowners Association); and Retired Bank Executive) March 8, 201746 Colleague Asunto availed of respondent's legal services in resolving his collection cases. 22) Rosalind E. Hagedorn March 9, 201747 Colleague In view of his good values to the profession, Respondent was recommended by Hagedorn to act as legal counsel of her valued clients and friends. 23) Antonio A. Navarro III March 9, 201748 Friend Respondent was known to Navarro as a person of good moral character since 1988 up to the present. 24) Peter A. Yap March 10, 201749 Community
Friend Respondent was known to Yap as a person of good moral character since 1975 up to the present. 25) Teodora S. Ocampo
(Professor, De La Salle University)
March 12, 201750 Colleague Respondent worked with Ocampo in a power project installation in 2000.
Sender claims she found respondent to be an ethical, trustworthy and a person of high integrity. 26) Valentin T. Banda
(Retired Bank Officer, Philippine Veterans Bank) March 12, 201751 Friend Respondent's disbarment has turned him into a new person. 27) Atty. Samuel A. Nuñez March 13, 201752 Friend Respondent has been active in the community affairs while staying in Cebu. 28) Atty. Ramon C. Gonzaga, Jr. March 18, 201753 Former partner in law firm Atty. Gonzaga, Jr., stated that he has not heard that respondent was involved in any charge or complaint, morally or otherwise, even after he was disbarred. 29) Efren Z. Palugod
(Chairman Plaza Loans Corporation) March 8, 201754 Friend Respondent is of good moral character.
Respondent stayed in touch with Palugod whenever respondent would go to Cebu every now and then for his coal supply business. 30) Rodolfo G. Pelayo
(Chairman, Power & Synergy, Inc.) March 7, 201755 Colleague Despite being disbarred, respondent involved himself in worthwhile activities as senior citizen and offered his services as business consultant to their company, Power & Synergy, Inc. and friends. 31) Sol Owen G. Figues Undated56 Friend Respondent should be reinstated as a lawyer again in order for him to "cotinue his [G]ood Samaritan work to the common people that seeks justice and guidance in times of trouble and grief."57 32) Col. Jose Ely D. Alberto GSC (INF)
(Internal Auditor, Philippine Army) March 24,
201758 Acquaintance Respondent was known to Navarro as a person of good moral character since 2000 up to the present. 33) Atty. Albert L. Hontanosas March 8, 201759 Friend Respondent has integrity, independence, industry and diligence.
Respondent should be given a second chance to serve the Filipino masses as a bonafide member of the Philippine Bar. 34) Antonio E. De Borja
(Former Councilor, Baliwag, Bulacan; and President, Early Riser Assembly, Baliwag, Bulacan) March 17, 201760 Friend Respondent provides free legal assistance to the poor, who were victims of injustice, through his son who is also a lawyer. 35) Tomas Barba Tan
(President, Cebu Adconsultants, Inc.) March 9, 201761 Client Respondent is a person of good moral character. 36) Engr. Daniel D. Villacarlos
(Operations Manager, Hi-Tri Development Corp.) March 11, 201762 Friend Respondent is very dependable, fair and a very respectable person both on the tennis courts in Paranaque City where they are both members until now and inside the court of law when he was still active as an excellent and reputable lawyer.
Respondent's conduct of sportsmanship in BF Homes Tennis Club and as a person is exemplary. 37) Roy Bufi
(President, The Bas Corporation) March 9, 201763 Friend Respondent is known to Bufi as kind, generous and is very professional when it comes to work. 38) Remigio R. Viola
(Retired Municipal Administrator, Municipality of Baliwag, Bulacan)
March 13, 201764 Former colleague Respondent is his business consultant because respondent is known to Viola for being a community leader. 39) Leonardo U. Lindo March 20, 201765 Friend Respondent is a strong supporter of their social and civic activities to provide free medical services to the less fortunate members of the society. 40) Felipe De Sagun Undated66 Friend In 2003, respondent handled their case against Metrobank and won the case for them.
Respondent is trustworthy, reliable and honest.
I also did not [do] and I do not deny the fact that in the year 1985, I filed ONLY a single motion for the issuance of an alias writ of execution on behalf of said San Jose Homeowners Association against the Durano & Co., Inc. before the HLURB in a case for completion of development under P.D. 957, and that later in the year 1996, I handled another HLURB case for the respondents Durano/Rodriguez in the said case filed by the San Jose Homeowners Association, for the declaration of the school site lot as an open space, on the basis of my firm belief that I was given a prior consent to do so by the said association, pursuant to its Board Resolution, dated March 14, 1987, a copy of which is attached and made an integral part hereof, as Annex "A" and also because of my honest belief that there was no conflict of interest situation obtaining under the circumstances, as those cases are totally unrelated [and] distinct from each other, pursuant to the jurisprudences that I had cited in my ANSWER in this disbarment case.86 (Emphasis supplied)Furthermore, the testimonials submitted by respondent all claim that respondent is a person of good moral character without explaining why or submitting proof in support thereof. The only ostensible proof of reformation that respondent has presented are the following:
Since then up to now, I and my family had been marginally surviving and still continue to survive, from out of the measly funds that I have been able to borrow from our relatives and my former clients (who, of course I don't expect to continue lending to me indefinitely) to whom I promised to repay my debts upon the resumption of my law practice.98To add, no other evidence was presented in his appeal to demonstrate his potential for public service, or that he - now being 71 years of age - still has productive years ahead of him that can be put to good use by giving him a chance to redeem himself. Thus, the third and fourth guidelines were neither complied with.99
| Very truly yours, |
(SGD) | |
EDGAR O. ARICHETA | |
Clerk of Court |
Endnotes:
1Rollo, pp. 360-362.
2 Id. at 5, 235; italics supplied.
3 312 Phil. 679 (1995).
4Rollo, p. 20.
5SJHAI v. HLURB, et. al., docketed as CA-G.R. SP No. 67844, id. at 234.
6SJHAI v. HLURB, et. al., docketed as G.R. No. 153980, id.
7Rollo, pp. 31-33.
8 Id. at 233-235.
9 Id. at 232-241. Per Curiam Decision signed by Chief Justice Hilario G. Davide, Jr., Associate Justices Reynato S. Puno, Artemio V. Panganiban, Leonardo A. Quisumbing, Consuelo Ynares-Santiago, Angelina Sandoval-Gutierrez, Antonio T. Carpio, Ma. Alicia Austria-Martinez, Renato C. Corona, Conchita Carpio-Morales, Romeo J. Callejo, Sr., Adolfo S. Azcuna, Dante O. Tinga, Minita V. ChicoNazario and Cancio C. Garcia.
10 Id. at 240.
11Zarate v. Judge Romanillos, supra note 3, at 692-693.
12 In National Bureau of Investigation v. Judge Reyes, 332 Phil. 872, 886 (2000), respondent judge therein was found guilty of bribery. He was meted the penalty of dismissal from the service and further disbarred from the practke of law.
13Rollo, pp. 236-239.
14 Id. at 243-259.
15 Id. at 260.
16 Id. at 337-338.
17 Id. at 340.
18 Id. at 341-343.
19 Id. at 346-348.
20 Id. at 345.
21 Id. at 357.
22 Id. at 364.
23 Id. at 370-371.
24 Id. at 372.
25 Id. at 377.
26 Id. at 383.
27 Id. at 386-387.
28 Id. at 388.
29 Id. at 389
30 Id. at 390.
31 Id. at 391.
32 Id. at 392.
33 Id. at 393.
34 Id. at 394.
35 Id. at 395.
36 Id. at 396.
37 Id. at 397.
38 Id. at 398.
39 Id. at 399.
40 Id. at 401.
41 Id.; italics supplied.
42 Id. at 402.
43 Id. at 403.
44 Id. at 404.
45 Id. at 405.
46 Id. at 407.
47 Id. at 409.
48 Id. at 410.
49 Id. at 411.
50 Id. at 412.
51 Id. at 413-414.
52 Id. at 415.
53 Id. at 416-417.
54 Id. at 418.
55 Id. at 419.
56 Id. at 420.
57 Id.; italics supplied.
58 Id. at 421.
59 Id. at 422.
60 Id. at 423.
61 Id. at 424.
62 Id. at 425.
63 Id. at 426.
64 Id. at 427.
65 Id. at 428.
66 Id. at 429.
67In the Matter of the IBP Membership Dues Delinquency of Atty. Edillion, 189 Phil. 468, 473 (1980).
68In the Matter of the Admission to the Bar of Argosino, 316 Phil. 43, 46 (1995), citing G.A. Malcolm, Legal and Judicial Ethics (1949), at p. 13; In re Parazo, 82 Phil. 230, 242 (1948), reiterated in Tan v. Sabandal, 283 Phil. 390; 399 (1992).
69Que v. Atty. Revilla, Jr., 746 Phil. 406, 413 (2014), citing Scholl v. Kentucky Bar Ass'n, 213 S.W. 3d 687 (Ky. 2007).
70 Id.
71Re: Letter of Judge Augustus C. Diaz, MTC-QC, Br. 37, Appealing for Judicial Clemency, 560 Phil. 1, 5 (2007).
72 Id.
73 Id.
74 Id.
75 Id.
76 Id. at 6.
77 Id.
78 Id.
79 558 Phil. 398 (2007).
80 Id. at 401-402.
81 321 Phil. 556 (1995).
82 Id. at 560.
83 579 Phil. 1 (2008).
84 Id. at 11-12.
85Que v. Atty. Revilla, Jr., supra note 69, at 415.
86Rollo, p. 337, see also pp. 346-347, 352-353, 360-361.
87 Id. at 401; italics supplied.
88 Id. at 415.
89 Id. at 420; italics supplied.
90 Id. at 388.
91 Id. at 403.
92 Id. at 423.
93 Id. at 428; italics supplied.
94 Id. at 393.
95 Id. at 387; italics supplied.
96 Id. at 402; italics supplied.
97 Id. at 404; italics supplied.
98 Id. at 338, see also pp. 343, 347, 353, 361.
99Re: In the Matter of the Petition for Reinstatement of Rolando S. Torres as a member of the Philippine Bar, 767 Phil. 676, 686 (2015).
100Que v. Atty. Revilla, Jr., supra note 69, at 417; italics supplied.