In Dr. Domiciano F. Villahermosa, Sr. v. Atty. Isidro L. Caracol, the Supreme Court addressed the ethical responsibilities of lawyers, particularly concerning unauthorized legal representation and misrepresentation before judicial bodies. The Court found Atty. Caracol guilty of violating his oath as a lawyer for misrepresenting his authority to represent a client who was already deceased and for misleading the Department of Agrarian Reform Adjudication Board (DARAB). This decision underscores the importance of honesty, candor, and adherence to ethical standards in the legal profession, reinforcing the principle that lawyers must not mislead courts or engage in deceitful practices. The Supreme Court suspended Atty. Caracol from the practice of law for one year.

When a Client’s Death Doesn’t End a Lawyer’s Duty: The Case of Atty. Caracol’s Misrepresentation

Atty. Isidro L. Caracol faced disbarment charges for allegedly deceiving the DARAB by continuing to represent a deceased client without proper authorization. The complainant, Dr. Domiciano F. Villahermosa, Sr., argued that Atty. Caracol’s actions constituted gross misconduct and a violation of his oath as a lawyer. The central issue before the Supreme Court was whether Atty. Caracol had indeed acted unethically by misrepresenting his authority and misleading the DARAB, thereby warranting disciplinary action.

The case originated from two land disputes where Dr. Villahermosa was a respondent. Atty. Caracol appeared as additional counsel for the plaintiffs in these cases, specifically in a motion for execution and a subsequent motion for the issuance of a second alias writ of execution and demolition. Dr. Villahermosa alleged that Atty. Caracol did not have the authority to file these motions, particularly since one of the plaintiffs, Efren Babela, had already passed away. This raised concerns about the veracity of Atty. Caracol’s representation and whether he was acting in the interest of another party, allegedly Ernesto I. Aguirre, who purportedly bought the same parcel of land.

The Integrated Bar of the Philippines Commission on Bar Discipline (IBP CBD) investigated the matter and found Atty. Caracol guilty of deceitful acts and misconduct. The IBP CBD noted that Atty. Caracol failed to provide credible evidence to refute the allegation that he was not authorized by the plaintiffs or the counsel of record. Furthermore, Atty. Caracol admitted that Efren Babela was already deceased when he filed the second motion. This admission was critical because it highlighted a clear misrepresentation on Atty. Caracol’s part. The IBP CBD concluded that Atty. Caracol misled the DARAB by falsely claiming to represent Efren Babela, effectively protecting the interests of Ernesto Aguirre, his real client, in violation of his oath as a lawyer. Consequently, the IBP CBD recommended that Atty. Caracol be suspended from the practice of law.

The IBP Board of Governors adopted the report and recommendation, although they modified the penalty to a one-year suspension. Atty. Caracol’s subsequent motion for reconsideration was denied, leading him to file a notice of appeal, which the Supreme Court returned since no legal fees are required in administrative cases. The Supreme Court then reviewed the case, focusing on the ethical obligations of lawyers concerning authority to appear and the duty of candor to the court.

The Supreme Court cited Rule 138, Section 21 of the Rules of Court, which establishes a presumption that an attorney is properly authorized to represent any cause in which he appears. However, this presumption is not absolute. The presiding judge may, upon motion of either party and with reasonable grounds, require the attorney to produce or prove the authority under which he appears. This provision ensures that lawyers do not act without proper authorization, safeguarding the interests of both the client and the court.

SEC. 21. Authority of attorney to appear. – An attorney is presumed to be properly authorized to represent any cause in which he appears, and no written power of attorney is required to authorize him to appear in court for his client, but the presiding judge may, on motion of either party and on reasonable grounds therefor being shown, require any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires.  An attorney willfully appearing in court for a person without being employed, unless by leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions.

The Court also referenced Land Bank of the Philippines v. Pamintuan Dev’t. Co., emphasizing that while a lawyer is not initially required to present proof of representation, they must demonstrate such authority when the court requires it. This highlights the importance of lawyers being prepared to substantiate their claims of representation, ensuring that they act with the client’s informed consent and in accordance with legal and ethical standards.

Moreover, the Supreme Court emphasized that an attorney-client relationship terminates upon the death of either the client or the lawyer. Therefore, Atty. Caracol’s continued representation of Efren Babela after his death was a clear violation of this principle. As a prudent and conscientious lawyer, Atty. Caracol should have informed the court of his client’s passing and presented evidence that he was retained by the client’s successors-in-interest, allowing for proper substitution of parties.

The Court also highlighted the importance of fairness, honesty, and candor towards the courts and clients, referencing Rule 10.01 of the Code of Professional Responsibility, which states: “A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice.” This ethical mandate flows from the lawyer’s oath to uphold the law and court processes in the pursuit of justice. Thus, lawyers must be circumspect in their demeanor and attitude, acting as agents of the judicial system with integrity and transparency.

Given Atty. Caracol’s misrepresentation and underhanded means, the Supreme Court found him guilty of contravening his lawyer’s oath and violating Canons 8 and 10 and Rule 10.01 of the Code of Professional Responsibility. Canon 8 requires lawyers to conduct themselves with courtesy, fairness, and candor, while Canon 10 emphasizes the duty of candor, fairness, and good faith to the court. These canons are fundamental to maintaining the integrity of the legal profession and ensuring that justice is served fairly and ethically.

Canon	Description
Canon 8	A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel.
Canon 10	A lawyer owes candor, fairness and good faith to the court.

The Supreme Court’s decision to suspend Atty. Caracol underscores the seriousness with which the legal profession views ethical breaches, particularly those involving misrepresentation and unauthorized practice. This ruling serves as a reminder to all lawyers of their duty to act with honesty and integrity, upholding the principles of justice and maintaining the public’s trust in the legal system.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Caracol engaged in unethical conduct by misrepresenting his authority to represent a client who had already passed away, thus misleading the DARAB.
What did the IBP CBD find?	The IBP CBD found Atty. Caracol guilty of deceitful acts and misconduct, recommending a suspension from the practice of law. They determined that he misrepresented his authority and misled the DARAB.
What was the Supreme Court’s ruling?	The Supreme Court found Atty. Caracol guilty and suspended him from the practice of law for one year, effective upon the finality of the resolution.
Why was Atty. Caracol suspended?	Atty. Caracol was suspended for misrepresenting his authority to the DARAB and violating his oath as a lawyer, as well as Canons 8 and 10 of the Code of Professional Responsibility.
What is the significance of Rule 138, Section 21 of the Rules of Court?	Rule 138, Section 21 presumes that a lawyer is properly authorized to represent a client, but the court may require the lawyer to prove their authority if there are reasonable grounds to doubt it.
What happens to an attorney-client relationship when a client dies?	The attorney-client relationship terminates upon the death of either the client or the lawyer, requiring the lawyer to inform the court and seek proper substitution if representation is to continue.
What is Canon 8 of the Code of Professional Responsibility?	Canon 8 requires lawyers to conduct themselves with courtesy, fairness, and candor toward their professional colleagues and avoid harassing tactics against opposing counsel.
What is Canon 10 of the Code of Professional Responsibility?	Canon 10 mandates that a lawyer owes candor, fairness, and good faith to the court, ensuring that lawyers act with honesty and integrity in all court proceedings.

This case highlights the critical importance of ethical conduct for lawyers and serves as a stern warning against misrepresentation and unauthorized practice. The Supreme Court’s decision reinforces the principle that lawyers must uphold the integrity of the legal profession and maintain the public’s trust through honesty and adherence to ethical standards.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: DR. DOMICIANO F. VILLAHERMOSA, SR. VS. ATTY. ISIDRO L. CARACOL, A.C. No. 7325, January 21, 2015