Perea v. Almadro
REITERATIONFacts
The Antecedents: Complainant Edgar O. Perea filed a disbarment case against Atty. Ruben L. Almadro. Atty. Almadro engaged the services of Sua & Alambra Law Offices. Atty. Alan Andres B. Alambra, representing Atty. Almadro, filed an Entry of Appearance stating that respondent had yet to receive a copy of the complaint and prayed for its furnishing. Complainant averred that copies were furnished via facsimile. Procedural History: The Court sustained the Integrated Bar of the Philippines’ (IBP) order requiring Atty. Kenton Sua and Atty. Alambra to show cause for deliberate falsehood and misrepresentation in preparing the answer for respondent, remanding the case to the IBP for contempt proceedings. The IBP Board of Governors found Atty. Sua and Atty. Alambra dishonest and imposed a fine of P2,000.00 each with a warning. The Petition: The Court reviewed the explanation of Atty. Sua and Atty. Alambra. Atty. Sua claimed no participation beyond notarizing an affidavit of service. Atty. Alambra asserted good faith, relying on Atty. Almadro's advice that he had not received the complaint, attaching a letter from Atty. Almadro to support this. However, Atty. Almadro had filed three Motions for Extension of Time to Comment prior to engaging the law office, with no mention of not receiving the complaint. In fact, one motion stated he was reviewing a draft of his comment, indicating he had received the complaint.
Issue(s)
Whether Atty. Alan Andres B. Alambra committed deliberate falsehood and misrepresentation before the Court. Whether Atty. Kenton Sua is liable for the acts of Atty. Alambra. Whether Atty. Almadro's claim of not receiving the complaint was truthful, given his prior motions for extension.
Ruling
The Court found Atty. Alan Andres B. Alambra guilty of contempt of Court and neglect of his duties as a lawyer. Atty. Kenton Sua was absolved of any liability. Atty. Alambra was fined P2,000.00 with a warning.
Ratio Decidendi
On the issue of Atty. Alambra's liability: The Court found Atty. Alambra guilty of contempt and neglect of duty. His assertion of good faith, based on Atty. Almadro's claim of not receiving the complaint, was undermined by Atty. Almadro's prior motions for extension to file a comment. These motions clearly indicated that Atty. Almadro had received the complaint and was in the process of reviewing a draft of his comment. Atty. Alambra, as an officer of the court, owed candor, fairness, and good faith to the Court and should not have relied solely on his client's statement without verification, especially when it contradicted prior filings. His reliance on their being classmates in law school was not a sufficient basis for less caution. The Court explicitly cited Rule 10.01, Canon 10 of the Code of Professional Responsibility, which prohibits lawyers from doing any falsehood, consenting to it, or misleading the Court by any artifice. On the issue of Atty. Sua's liability: The Court absolved Atty. Kenton Sua of any liability. This was based on Atty. Alambra's admission that Atty. Sua was not the partner assigned to handle the case for Atty. Almadro and had no participation whatsoever in the case other than to notarize the Affidavit of Service for Atty. Almadro’s Answer. Therefore, Atty. Sua could not be held responsible for the misrepresentations made by Atty. Alambra. On the veracity of Atty. Almadro's claim: The Court found Atty. Almadro's claim of not receiving the complaint to be untruthful. His prior motions for extension to file a comment, which mentioned reviewing a draft of the comment, directly contradicted his later assertion of non-receipt. This contradiction was crucial in establishing that Atty. Alambra had been misled by his client, and that Atty. Alambra himself failed in his duty to verify the truthfulness of such a claim before making representations to the Court.
Main Doctrine
Lawyers owe candor, fairness, and good faith to the Court, and must not mislead or allow the Court to be misled by any artifice, as mandated by Rule 10.01, Canon 10 of the Code of Professional Responsibility.