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Catu vs. Rellosa [A.C. No. 5738. February 19, 2008]

16 Aug

Ponente: CORONA, J.

FACTS:

Complainant Wilfredo M. Catu is a co-owner of a lot and the building erected thereon located in Manila. His mother and brother contested the possession of Elizabeth C. Diaz-Catu and Antonio Pastor of one of the units in the building. The latter ignored demands for them to vacate the premises. Thus, a complaint was initiated against them in the Lupong Tagapamayapa of Barangay. Respondent, as punong barangay, summoned the parties to conciliation meetings. When the parties failed to arrive at an amicable settlement, respondent issued a certification for the filing of the appropriate action in court.Respondent entered his appearance as counsel for the defendants in the (subsequent ejectment) case. Complainant filed the instant administrative complaint, claiming that respondent committed an act of impropriety as a lawyer and as a public officer when he stood as counsel for the defendants despite the fact that he presided over the conciliation proceedings between the litigants as punong barangay.

ISSUE:

Whether or not Atty. Rellosa violated the Code of Professional Responsibility.

HELD:

YES. Respondent suspended for six (6) months.

RATIO:

[R]espondent was found guilty of professional misconduct for violating his oath as a lawyer and Canons 1 and 7 and Rule 1.01 of the Code of Professional Responsibility.

A civil service officer or employee whose responsibilities do not require his time to be fully at the disposal of the government can engage in the private practice of law only with the written permission of the head of the department concerned in accordance with Section 12, Rule XVIII of the Revised Civil Service Rules.

Respondent was strongly advised to look up and take to heart the meaning of the word delicadeza.

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Posted by on August 16, 2012 in Case Digests, Legal Ethics

 

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