Case Digest: Felicitas S. Quiambao, Complainant, v. Atty. Nestor A. Bamba, Respondent | A.C. No. 6708, 25 August 2005

Felicitas S. Quiambao, Complainant, v. Atty. Nestor A. Bamba, Respondent
A.C. No. 6708, 25 August 2005

Facts:
Quiambao was the president and managing director of Allied Investigation Bureau, Inc. (AIB), a family-owned security and investigation services company. She employed the legal services of Atty. Bamba, not only for the corporate affairs of AIB but also for her personal case. In fact, Atty. Bamba acted as her counsel of record in an ejectment case. Atty. Bamba convinced the complainant to form a new security agency, QRMSI, with the former as a silent partner. She then resigned from AIB. However, about six months thereafter, Atty. Bamba filed on behalf of AIB a complaint for replevin and damages against her for the purpose of recovering from her the car of AIB assigned to her as a service vehicle. At this point, the ejectment case was still pending and he did not withdraw as counsel.

It was also averred that Atty. Bamba also convinced the complainant’s brother to organize another security agency, SESSI, where the former served as its incorporator, director, and president.

Issue:
Whether or not Atty. Bamba violated the Code of Professional Responsibility (CPR)?

Held:
While the respondent may assert that the complainant expressly consented to his continued representation in the ejectment case, the respondent failed to show that he fully disclosed the facts to both his clients and he failed to present any written consent of the complainant and AIB as required by Rule 15.03, Canon 15 of the CPR.

It must be noted that R.A. No. 5487, Private Security Agency Law, prohibits a person from organizing or having interest in more than one security agency. Thus, in organizaing SESSI, Atty. Bamba violated Rule 1.02, Canon 1 of the CPR, which mandates lawyers to promote respect for the law and refrain from counseling or abetting activities aimed at defiance of the law. The Supreme Court suspended Atty. Bamba from the practice of law for a period of one year.

Comments

Post a Comment

Popular posts from this blog

Case Digest: In the Matter of the IBP Membership Dues Delinquency of Atty. Marcial A. Edilion | A.M. No. 1928, 3 August 1978

In the Matter of the IBP Membership Dues Delinquency of Atty. Marcial A. Edilion A.M. No. 1928, 3 August 1978 Facts:     The respondent is a duly licensed practicing Attorney in the Philippines. The IBP Board of Governors recommended to the Supreme Court the removal of the name of the respondent from its Roll of Attorneys for stubborn refusal to pay his membership dues assailing the provisions of the Rules of Court 139-A and the provisions of Paragraph 2, Section 24, Article III of the IBP By-Laws pertaining to the organization of the IBP, payment of membership fee and suspension for failure to pay the same.     Edilion contends that the stated provisions constitute an invasion of his constitutional rights in the sense that he is being compelled as a pre-condition to maintain his status as a lawyer in good standing to be a member of the IBP and to pay the corresponding dues and that as a consequence of this, compelled financial support of the said organization to which he is admi
Read more

Case Digest for Articles 143-146: Carino v. Carino G.R. No. 132529, 2 February 2001

SUSAN NICDAO CARIÑO, petitioner, v. SUSAN YEE CARIÑO, respondent. G.R. No. 132529, 2 February 2001 Facts: In 1969 SPO4 Santiago Cariño married Susan Nicdao Cariño. He had 2 children with her. In 1992, SPO4 contracted a second marriage, this time with Susan Yee Cariño. In 1988, prior to his second marriage, SPO4 is already bedridden and he was under the care of Yee. In 1992, he died 13 days after his marriage with Yee. Thereafter, the spouses went on to claim the benefits of SPO4. Nicdao was able to claim a total of P140,000.00 while Yee was able to collect a total of P21,000.00. In 1993, Yee filed an action for collection of sum of money against Nicdao. She wanted to have half of the P140k. Yee admitted that her marriage with SPO4 was solemnized during the subsistence of the marriage b/n SPO4 and Nicdao but the said marriage between Nicdao and SPO4 is null and void due to the absence of a valid marriage license as certified by the local civil registrar. Yee also claimed t
Read more

Case Digest: Conrado N. Que, Complainant, v. Atty Anastacio E. Revilla, Jr., Respondent | A.C. No. 7054, 11 November 2014

Conrado N. Que, Complainant, v. Atty Anastacio E. Revilla, Jr., Respondent A.C. No. 7054, 11 November 2014 Facts:     Que accused Revilla, Jr. of willfully delaying the final judgment of the lower court against his client. Respondent successfully filed a petition of certiorari before the Court of Appeals, two petitions of annulment of title and a petition for annulment of judgment before the Regional Trial Court, and a petition for declaratory execution of the lower court’s decision against his client. Issue:     Whether or not the respondent violated various canons and provisions of the Code of Professional Responsibility (CPR). Held:     Respondent’s abuse of court remedies by filing multiple actions praying for the same cause delayed the execution of the final judgment of the court. The respondent’s willful and revolting falsehood is also alleged by the complainant that unjustly maligned and defamed the good name and reputation of the late Atty. Alfredo Catolico who was the previous
Read more