J.A.B. Bulao & Associates

CASE 2020-0038: ADELITA S. VILLAMOR, VS. ATTY. ELY GALLAND A. JUMAO-AS, (A.C. No. 8111, DECEMBER 9, 2020, HERNANDO, J.) (SUBJECT/S: CONFLICT OF INTEREST) (BRIEF TITLE: VILLAMOR VS ATTY. JUMAO-AS)

DISPOSITIVE:

“WHEREFORE, the Court finds Atty. Ely Galland A. Jumao-as GUILTY of violating Canon 15, Rule 15.03 Code of Professional Responsibility. He is hereby SUSPENDED from the practice of law for a period of two (2) years and WARNED that a repetition of the same or similar acts will be dealt with more severely.

Respondent is DIRECTED to file a Manifestation to this Court that his suspension has started, copy furnished all courts and quasi-judical bodies where he has entered his appearance as counsel.

Let copies of this Decision be furnished to the Office of the Bar Confidant, to be appended to the personal record of Atty. Ely Galland A. Jumao-as as an attorney-at-law; to the Integrated Bar of the Philippines; and to the Office of the Court Administrator for dissemination to all courts throughout the country for their guidance and information.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

ATTY. JUMAO-AS ORGANIZED A LENDING CORPORATION FOR VILLAMOR. HE ARRANGED FOR A LOAN FOR SUCH LENDING CORP FROM A CERTAIN YU. LATER ATTY JUMAO-AS PUT UP A SINGLE PROPRIETORSHIP LENDING COMPANY FOR YU AND TOLD COLLECTORS OF VILLAMOR’S CORP TO TURN OVER THEIR COLLECTIONS TO YU’S COMPANY BECAUSE OF YU’S LOAN TO VILLAMOR’S CORP. THEN ATTY. JUMAO-AS SENT DEMAND LETTER TO VILLAMOR FOR PAYMENT OF HER COMPANY’S DENT TO YU. VILLAMOR FILED ADMIN CASE AGAINST ATTY. JUMAO-AS. SC ADOPTED IBP RECOMMENDATION THAT ATTY JUMAO-AS BE SUSPENDED FROM THE PRACTICE OF LAW FOR TWO YEARS.

WHEN IS THERE CONFLICT OF INTEREST?

“In Hornilla v. Salunat, the Court explained the concept of conflict of interest in this wise:

There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing parties. The test is “whether or not in behalf of one client, it is the lawyer’s duty to fight for an issue or claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this argument will be opposed by him when he argues for the other client.” This rule covers not only cases in which confidential communications have been confided, but also those in which no confidence has been bestowed or will be used. Also, there is conflict of interests if the acceptance of the new retainer will require the attorney to perform an act which will injuriously affect his first client in any matter in which he represents him and also whether he will be called upon in his new relation to use against his first client any knowledge acquired through their connection. Another test of the inconsistency of interests is whether the acceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or double dealing in the performance thereof.”  

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CASE 2020-0037: MARILYN B. MONTEHERMOSO, TANNY B. MONTEHERMOSO, EMMA B. MONTEHERMOSO OLIVEROS, EVA B. MONTEHERMOSO, TERESA B. MONTEHERMOSO CARIG, and SALVAR B. MONTEHERMOSO VS. ROMEO BATUTO AND ARNEL BATUTO (G.R. NO. 246553, DECEMBER 2, 2020, LAZARO-JAVIER, J.) (SUBJECT/S: FINALITY OF JUDGMENT; LITIGATION MUST END)(BRIEF TITLE: MONTEHERMOSO ET AL VS BATUTO ET AL)

DISPOSITIVE:

“WHEREFORE, the petition for review on certiorari is DENIED and the assailed Resolutions dated February 13, 2019 and April 10, 2019 of the Court of Appeals in CA-G.R. SP No. 159373, AFFIRMED.

Petitioners as well as their counsel Atty. Belinda M. Nagui or any other counsel who may take over this case are STERNLY WARNED that any further attempt to revive this case in whatever form and before any forum will be severely sanctioned.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

DESPITE THE FACT THAT THE RTC JUDGMENT HAS BECOME FINAL AND EXECUTORY PETITIONERS FILED SEVERAL PETITIONS IN VARIOUS FORA TO OVERTURN THE RTC JUDGMENT. THE SC DID NOT LOOK WITH FAVOR ON PETITIONERS’ ACTS AND WARNED PETITIONERS AND THEIR COUNSEL THAT ANY FURTHER ATTEMPT TO REVIVE THIS CASE IN WHATEVER FORM AND BEFORE ANY FORUM WILL BE SEVERELY SANCTIONED.

JURISPRUDENCE CITED BY THE COURT:

“Spouses Aguilar v. The Manila Banking Corporation12 aptly held:

It is an important fundamental principle in the judicial system that every litigation must come to an end. Access to the courts is guaranteed. But there must be a limit thereto. Once a litigant’s rights have been adjudicated in a valid and final judgment of a competent court, he should not be granted an unbridled license to come back for another try. The prevailing party should not be harassed by subsequent suits. For, if endless litigations were to be encouraged, then unscrupulous litigants will multiply to the detriment of the administration of justice.

The Court reminds petitioners’ counsel of the duty of lawyers who, as officers of the court, must see to it that the orderly administration of justice must not be unduly impeded. It is the duty of a counsel to advise his client, ordinarily a layman on the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his client’s cause is defenseless, then it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the incontrove1tible. A lawyer must resist the whims and caprices of his client, and temper his client’s propensity to litigate. A lawyer’s oath to uphold the cause of justice is superior to his duty to his client; its primacy is indisputable.

There should be a greater awareness on the part of litigants and counsels that the time of the judiciary, much more so of this Court, is too valuable to be wasted or frittered away by effo1ts, far from commendable, to evade the operation of a decision final and executory, especially so, where, as shown in the present case, the clear and manifest absence of any right calling for vindication, is quite obvious and indisputable.

Verily, by the undue delay in the execution of a final judgment in their favor, respondents have suffered an injustice. The Court views with disfavor the unjustified delay in the enforcement of the final decision and orders in the present case. Once a judgment becomes final and executory, the prevailing paiiy should not be denied the fruits of his victory by some subterfuge devised by the losing paity. Unjustified delay in the enforcement of a judgment sets at naught the role of courts in disposing justiciable controversies with finality.”

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SC-2020-0036: OLIVER B. FELIX, VS. JULITO D. VITRIOLO, (G.R. No. 237129, DECEMBER 9, 2020, CARANDANG, J.) (SUBJECT/S: GROSS NEGLECT OF DUTY) (BRIEF TITLE: FELIX VS VITRIOLO)

DISPOSITIVE:

“WHEREFORE, the Decision dated August 1 7, 2017 and the Resolution dated January 29, 2018 of the Court of Appeals in CA-G.R. SP No. 149063 are hereby REVERSED and SET ASIDE. The Court finds respondent Julito D. Vitriolo GUILTY of gross neglect of duty and imposes upon him the penalty of DISMISSAL from service, with the corresponding accessory penalties.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENT WAS EXECUTIVE DIRECTOR OF CHED. PETITIONER, A FACULTY MEMBER OF PLM, WROTE LETTERS TO RESPONDENT REQUESTING RESPONDENT TO INVESTIGATE  ALLEGED DIPLOMA MILL OPERATIONS OF PLM. RESPONDENT FAILED TO ANSWER SAID LETTERS AND CONDUCT INVESTIGATION. OMBUDSMAN RULED HIS OMISSION  CONSTITUTES GROSS NEGLECT OF DUTY. HE WAS DISMISSED FROM THE SERVICE. ON APPEAL CA RULED RESPONDENT COMMITTED ONLY SIMPLE NEGLECT OF DUTY AND IMPOSED 30 DAYS SUSPENSION. EVIDENCE SHOWS HE REFERRED MATTER TO VARIOUS UNITS OF CHED. BUT SUPREME COURT REVERSED CA AND AFFIRMED OMBUDSMAN RULING. THE FACT IS RESPONDENT FAILED TO PROMPTLY ANSWERED PETITIONER’S LETTERS AND THE FACT THAT AFTER SO MANY YEARS THERE WAS NO RESULT OF INVESTIGATION SHOWS RESPONDENT DID NOT PERFORM HIS DUTY.  SOME SIGNIFICANT FACTS ARE STATED BELOW:

“Worse, in Vitriolo’s reply dated July 11, 4014 to Felix’s June 30, 2014 letter, he only gave the lame excuse that the one assigned for investigation has retired without turning over his findings. Vi riol◊ even admitted that as late as August 3, 2015, he was still making referrals for the investigation of the matter to different CHED offices. If Vitriolo truly ordered an investigation of the alleged diploma-mill operations of PLM and considering that five long years has passed since Felix first wrote the letters to Vitriolo regarding the matter, a definite finding should have already been arrived at.

What is apparent in Vitriolo’s actions is that he did not take the allegations of Felix seriously. His flagrant and culpable refusal or unwillingness to perform his official duties could have allowed the continuation of PLM’s illegal academic programs.

All told, Vitriolo’s failure to reply to the two letters sent by Felix is not a simple violation of Section 5 (a) ofR.A. No. 6713 but an omission that gave rise to a more serious problem of the possible continuation of the illegal programs and diploma-mill operations of PLM. Because of Vitriolo’s gross neglect of duty, the investigation was not undertaken and the possible administrative liabilities of those involved were not determined.”

WHAT IS GROSS NEGLECT OF DUTY?

“Gross neglect of duty or gross negligence refers to negligence characterized by the want of even slight care, or by acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to the consequences, insofar as other persons may be affected. It is the omission of that care that even inattentive and thoughtless men never fail to give to their own property. It denotes a flagrant and culpable refusal or unwillingness of a person to perform a duty. In cases involving public officials, gross negligence occurs when a breach of duty is flagrant and palpable. 43“

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