In a significant ruling, the Supreme Court disbarred Atty. Deborah Z. Daquis for misrepresenting herself as counsel for Cheryl E. Vasco-Tamaray, using a forged signature on a Petition for Declaration of Nullity of Marriage, and violating the Code of Professional Responsibility. This case underscores the high ethical standards expected of lawyers and the severe consequences for dishonesty and deceit. The decision emphasizes the duty of lawyers to uphold the integrity of the legal profession and maintain fidelity to the courts and their clients.

Deceptive Counsel: When a Lawyer’s Actions Undermine the Legal Process

This case revolves around a complaint filed by Cheryl E. Vasco-Tamaray against Atty. Deborah Z. Daquis, alleging that the lawyer filed a Petition for Declaration of Nullity of Marriage on her behalf without her consent and forged her signature on the document. Vasco-Tamaray claimed that Atty. Daquis was actually the counsel for her husband, Leomarte Regala Tamaray. The central legal question is whether Atty. Daquis violated the Code of Professional Responsibility by misrepresenting herself as Vasco-Tamaray’s counsel and using a forged signature.

The Supreme Court found Atty. Daquis guilty of violating Canons 1, 7, 10, and 17 of the Code of Professional Responsibility. Specifically, Canon 1, Rule 1.01 states: “A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.” The Court determined that Atty. Daquis violated this canon by pretending to be counsel for Vasco-Tamaray when evidence suggested she was actually representing Vasco-Tamaray’s husband. This act constituted a falsehood and a breach of her duty to uphold the law and legal processes. The Court noted the attorney’s failure to adequately refute allegations that she had been introduced as the husband’s lawyer, further supporting the finding of misrepresentation.

Building on this principle, the Court also found Atty. Daquis in violation of Canon 7, Rule 7.03 and Canon 10, Rule 10.01, which address the integrity and candor required of lawyers. Canon 7 states: “A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support the activities of the integrated bar.” Rule 7.03 elaborates that lawyers must not engage in conduct that adversely reflects on their fitness to practice law. Furthermore, Canon 10 mandates candor, fairness, and good faith to the court, with Rule 10.01 explicitly stating that “[a] lawyer shall not do any falsehood, nor consent to the doing of any in Court.”

The Court’s scrutiny extended to the signature on the Petition for Declaration of Nullity of Marriage, which Vasco-Tamaray claimed was forged. While the Court acknowledged that there was no direct evidence proving Atty. Daquis herself committed the forgery, it emphasized that she allowed the use of a forged signature on a document she prepared and notarized. This action demonstrated a lack of moral fiber and constituted a direct violation of her duty to the court.

The Supreme Court underscored the importance of honesty and integrity in the legal profession. As highlighted in Spouses Umaguing v. De Vera, “Every lawyer is a servant of the law, and has to observe and maintain the rule of law as well as be an exemplar worthy of emulation by others… Rule 10.01, Canon 10 of the Code of Professional Responsibility provides that ‘[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.’” Atty. Daquis’ actions fell far short of these standards, warranting severe disciplinary action.

Finally, the Court determined that Atty. Daquis violated Canon 17, which states: “A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.” By representing Vasco-Tamaray while allegedly working for her husband, Atty. Daquis failed to protect her client’s interests. The Court emphasized that a lawyer has an obligation to accord the highest degree of fidelity and zeal in the protection of the client’s interest. This breach of trust further solidified the grounds for disciplinary action.

The court contrasted the evidence provided by the complainant and respondent in the case. The complainant provided proof that the lawyer had represented herself as the husband’s lawyer. The respondent offered only her own testimony and that of her staff, which the court considered insufficient to overcome the evidence provided by the complainant.

Complainant’s Evidence	Respondent’s Evidence
Affidavit from a third party stating that the lawyer was introduced as the husband’s lawyer	Lawyer’s testimony that she was the wife’s lawyer
Evidence that the wife did not live at the address listed on the Petition for Nullity of Marriage	Staff testimony that the wife provided her community tax certificate information

FAQs

What was the key issue in this case?	The key issue was whether Atty. Daquis violated the Code of Professional Responsibility by misrepresenting herself as counsel for Vasco-Tamaray and using a forged signature on a Petition for Declaration of Nullity of Marriage.
What canons of the Code of Professional Responsibility did Atty. Daquis violate?	Atty. Daquis was found guilty of violating Canon 1, Rule 1.01, Canon 7, Rule 7.03, Canon 10, Rule 10.01, and Canon 17 of the Code of Professional Responsibility.
What was the significance of the forged signature?	While there was no direct evidence that Atty. Daquis forged the signature, the Court found that she allowed the use of a forged signature on a petition she prepared and notarized, which constituted a violation of her ethical duties.
Why was Atty. Daquis disbarred?	Atty. Daquis was disbarred due to her misrepresentation, allowing the use of a forged signature, and breach of her duty to uphold the integrity of the legal profession and maintain fidelity to the courts and her clients.
What is Canon 1 of the Code of Professional Responsibility?	Canon 1 states that a lawyer shall uphold the constitution, obey the laws of the land, and promote respect for law and for legal processes. Rule 1.01 further states that a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.
What is Canon 17 of the Code of Professional Responsibility?	Canon 17 states that a lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed in him.
What was the basis for the conflict of interest charge?	The conflict of interest charge stemmed from the allegation that Atty. Daquis represented both Vasco-Tamaray and her husband, Leomarte Tamaray, in the same case, which would violate Canon 15, Rule 15.03.
Why was the conflict of interest charge dismissed?	The conflict of interest charge was dismissed because there was no conclusive evidence to show that Atty. Daquis was actually engaged as counsel by Vasco-Tamaray.
What is the effect of Bar Matter No. 1645 on disciplinary actions?	Bar Matter No. 1645 reaffirms that only the Supreme Court has the power to impose disciplinary actions on members of the bar, and the findings and recommendations of the IBP are merely recommendatory.

This case serves as a stern reminder to all lawyers of their ethical obligations and the serious repercussions of violating the Code of Professional Responsibility. The Supreme Court’s decision underscores the importance of honesty, integrity, and fidelity to clients and the courts in maintaining the integrity of the legal profession.

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: CHERYL E. VASCO-TAMARAY vs. ATTY. DEBORAH Z. DAQUIS, A.C. No. 10868, January 26, 2016