Tapang v. Donayre
REITERATIONFacts
The Antecedents: Complainant Edgardo A. Tapang alleged that respondent Atty. Marian C. Donayre violated the rule against forum shopping. Complainant was the respondent in a labor case for illegal dismissal filed by Ananias Bacalso (Bacalso) before the Labor Arbiter (LA), docketed as NLRC Case No. RAB VII-09-2458-2009. The LA dismissed Bacalso's complaint for lack of merit, finding no employer-employee relationship. The LA Decision became final and executory as no appeal was filed by Bacalso. Atty. Donayre, as counsel for Bacalso, received a copy of the LA Decision. Procedural History: On July 5, 2010, Atty. Donayre filed another illegal dismissal complaint in Bacalso's behalf with the same claims as the earlier case against complainant before the LA, docketed as NLRC RAB-VII Case No. 07-1396-10. Complainant filed a Motion to Dismiss on the ground of res judicata, but the LA directed the parties to submit position papers. The LA rendered judgment in favor of Bacalso. On appeal, the National Labor Relations Commission (NLRC) overturned the LA's ruling and dismissed the case on the grounds of res judicata and lack of employer-employee relationship. The Petition: Complainant filed the instant administrative case against Atty. Donayre for her alleged violation of the rule against forum shopping. Atty. Donayre failed to file a verified answer, attend the mandatory conference, and submit her position paper before the IBP-Commission on Bar Discipline (IBP-CBD), despite due notice. The IBP-CBD found Atty. Donayre guilty of forum shopping and recommended a fine and admonition. The IBP Board of Governors adopted the findings but recommended a six-month suspension. The Court adopted the findings but modified the penalty.
Issue(s)
Whether Atty. Donayre should be held administratively liable for violating the rule against forum shopping, the doctrine of res judicata, and for breaching Rules 10.03, 12.02, and 12.04 of the Code of Professional Responsibility, and Canon 1 of the Code of Professional Responsibility and the Lawyer's Oath.
Ruling
The Court finds respondent Atty. Marian C. Donayre GUILTY of violating Canon 1, Rule 10.3, Canon 10, and Rules 12.02 and 12.04, Canon 12 of the Code of Professional Responsibility and the Lawyer's Oath. Respondent Atty. Marian C. Donayre is SUSPENDED from the practice of law for a period of two (2) years with a STERN WARNING that a repetition of similar acts will be dealt with more severely. The suspension shall take effect immediately upon receipt of this Decision.
Ratio Decidendi
On the issue of whether Atty. Donayre should be held administratively liable for violating the rule against forum shopping, the doctrine of res judicata, and for breaching Rules 10.03, 12.02, and 12.04 of the Code of Professional Responsibility, and Canon 1 of the Code of Professional Responsibility and the Lawyer's Oath: The Court held that Atty. Donayre is administratively liable. The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. Forum shopping can be committed by filing multiple cases based on the same cause of action and the same prayer, where the previous case has been finally resolved, leading to the dismissal of the subsequent case on the ground of res judicata. In this case, Atty. Donayre was the counsel on record for Bacalso when the first labor case was dismissed for lack of merit and became final and executory. Despite this, Atty. Donayre deliberately filed another labor case with the same claims, involving the same parties, and with the same prayer before the LA. This action clearly demonstrates a misplaced zealousness and malicious intent to relitigate the case in the hope of gaining a favorable judgment, constituting an abuse and misuse of court processes. Furthermore, Atty. Donayre unjustifiably failed to comply with the IBP's directives to file her verified answer, attend the mandatory conference, and submit her position paper, despite receiving due notice. This blatant noncompliance indicates a lack of respect for the Court and the IBP's rules and procedures, amounting to willful disobedience of the lawful orders of the Supreme Court, in violation of Canon 1 of the Code of Professional Responsibility and the Lawyer's Oath. The Court found that Atty. Donayre's conduct violated the rule against forum shopping and the doctrine of res judicata, and breached Rules 10.03, 12.02, and 12.04 of the Code of Professional Responsibility.
Main Doctrine
A lawyer who files multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment commits forum shopping. Such conduct violates the rule against forum shopping and the doctrine of res judicata, and constitutes willful disobedience of the lawful orders of the Supreme Court, warranting suspension from the practice of law.