SC suspends a lawyer for two years for filing several groundless suits against opposing parties and their counsel in order to harass and intimidate them in connection with an ongoing land dispute.

     

SC suspends a lawyer for two years for filing several groundless suits against opposing parties and their counsel in order to harass and intimidate them in connection with an ongoing land dispute.

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 The Attorney's Oath is clear that Atty. Plata must "not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same." 

Section 20(c) and (g), Rule 138 of the Rules of Court also emphasize the relevant duties of Atty. Plata applicable to this case, to wit:

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SEC. 20. Duties of attorneys. - It is the duty of an attorney: 

x x x x

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(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law;

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 x x x x 

(g) Not to encourage either the commencement or the continuance of an action or proceedings, or delay any man's cause, from any corrupt motive or interest;

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In this case, the Court notes that Atty. Plata did not deny that he had filed several civil, criminal and administrative cases against the opposing parties and their counsels.

In his Answer to the administrative complaint, Atty. Plata justifies the various pending suits filed by him and his client, Eustaquio, as proof of the truth and veracity of the allegations against Pagdanganan and his co-respondents.

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However, upon examination of the records, it becomes apparent that these suits are mere harassing tactics against Pagdanganan, his co­respondents and their counsel. 

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The Court is mindful of Atty. Plata's duty to defend his client's cause with utmost zeal. However, professional rules, as above-quoted, impose limits on a lawyer's zeal and hedge it with necessary restrictions and qualifications. 

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Atty. Plata's filing of several cases against the adverse parties and their counsel lays bare his intent to repress the opposing counsel from exerting utmost effort in protecting his clients' interests. The filing of several groundless suits and the reservation of filing another perjury suit in the future despite the pendency of another perjury case reveal Atty. Plata's gross indiscretion as a colleague in the legal profession, in blatant violation of his oath and duties as a lawyer.

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Atty. Plata's harassing tactics of filing multiple groundless and baseless suits are contrary to the following Rules and Canons in the Code of Professional Responsibility:

  

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CANON 8 - A lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues, and shall avoid harassing tactics against his opposing counsel.

  

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. 

Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. 

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse a Court process.

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It has been consistently emphasized by the Court that "membership in the bar is a privilege burdened with conditions. It is bestowed upon individuals who are not only learned in law, but also known to possess good moral character, x x x honesty, and integrity, x x x in order to promote the public's faith in the legal profession."

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  However, when lawyers, in the performance of their duties, act in a manner that prejudices not only the rights of their clients, but also of their colleagues and their colleagues' clients, appropriate disciplinary measures under the law, such as suspension and disbarment, must apply to rectify their wrongful acts.

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WHEREFORE, the Court ADOPTS and APPROVES the Resolutions of the Integrated Bar of the Philippines-Board of Governors dated February 22, 2018 and June 17, 2019. Accordingly, Atty. Romeo C. Plata is found GUILTY of violating the Lawyer's Oath, the Duties of Attorneys and the Code of Professional Responsibility. He is hereby SUSPENDED from the practice of law for two years with a STERN WARNING that a repetition of the same or a similar offense will warrant the imposition of a more severe penalty.

 [ A.C. No. 12701 (C.B.D. 12-3626), February 26, 2020 ]

FRANCISCO PAGDANGANAN, COMPLAINANT, VS. ATTY. ROMEO C. PLATA, RESPONDENT. 

Read the full decision at 

https://lawphil.net/judjuris/juri2020/feb2020/ac_12701_2020.html

 

What are your thoughts on this Em Banc ruling? Please leave a comment in the section below. Thank you for your continued support and feedback.  

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