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.

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