The Supreme Court, in this case, disbarred Atty. Aurelio Jesus V. Lomeda for violating the lawyer’s oath and the Code of Professional Responsibility. The Court found that Atty. Lomeda knowingly misrepresented himself as a corporate secretary, executed a falsified Secretary’s Certificate, and disregarded the authority of the Court by failing to participate in the disciplinary proceedings. This decision underscores the high ethical standards demanded of lawyers and the severe consequences for dishonesty and disrespect within the legal profession.

When a Lawyer’s Falsehoods Lead to Disbarment: A Case of Deceit and Disrespect

This case arose from a complaint filed by Philippine Investment One (SPV-AMC), Inc. against Atty. Aurelio Jesus V. Lomeda. The complaint stemmed from a transaction involving Big “N” Corporation, Lantaka Distributors Corporation, and United Coconut Planters Bank (UCPB). Atty. Lomeda, purportedly acting as the corporate secretary of Big “N”, issued a Secretary’s Certificate that facilitated a real estate mortgage to secure a credit line for Lantaka. However, Big “N” later claimed that Atty. Lomeda was never their corporate secretary and that the certificate was falsified, leading to a civil case and, subsequently, this administrative complaint.

The central legal question revolves around whether Atty. Lomeda’s actions constituted a violation of the Code of Professional Responsibility (CPR) and the lawyer’s oath. Specifically, the Court examined whether his misrepresentation and subsequent failure to cooperate with the investigation warranted disciplinary action, including disbarment.

The Court emphasized the high moral standards required of lawyers, referencing specific provisions of the CPR. Canon 1 mandates that a lawyer uphold the Constitution, obey the laws, and promote respect for the legal processes. Rule 1.01 further states that a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct. The lawyer’s oath also requires lawyers to obey the laws and refrain from falsehoods. The court quoted:

CANON 1 – A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.

Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

In this case, Atty. Lomeda’s actions directly contradicted these ethical obligations. The Court found that he knowingly misrepresented himself, executed a falsified document, and allowed himself to be used in a fraudulent scheme. The Court cited his admission in the Compromise Agreement from the civil case filed by Big “N”, where he acknowledged that he was never the corporate secretary and had no authority to issue the certificate. His excuse that he was merely a victim of Palanca’s scheme was deemed unacceptable, as he still knowingly executed a falsified document.

Furthermore, the Court highlighted Atty. Lomeda’s disrespect for the judicial process. Despite repeated notices, he failed to participate in the IBP proceedings. This was seen as a serious disregard for the authority of the Court and the IBP, a body authorized to investigate administrative cases against lawyers. Section 27, Rule 138 of the Rules of Court, provides grounds for disbarment or suspension, including willful disobedience of a lawful order of a superior court. The court quoted:

SEC. 27. Attorneys removed or suspended by Supreme Court on what grounds. — A member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before the admission to practice, or for a wilfull disobedience of any lawful order of a superior court, or for corruptly or willful appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

The Court emphasized that lawyers must uphold the integrity and dignity of the legal profession. This requires acting with truthfulness and nobility. Failure to meet this standard warrants disciplinary action. The Court then referenced a previous case, A.M. No. MTJ-90-400, where Atty. Lomeda, while serving as a Judge, was dismissed from the Judiciary for gross negligence and false testimony. This prior misconduct further aggravated his culpability in the current case, revealing a pattern of dishonesty and disregard for the consequences of his actions.

The Court determined that suspension was insufficient and imposed the penalty of disbarment. This decision reflected the gravity of Atty. Lomeda’s infractions, the harm caused to the involved entities, his disrespect for the Court’s orders, and his history of similar misconduct. The ruling reinforces the principle that lawyers must maintain the highest standards of honesty and integrity, and any deviation from these standards can result in severe consequences.

The Supreme Court held that Atty. Lomeda’s actions demonstrated an unworthiness to continue practicing law. The Court stated:

Thus, any resort to falsehood or deception evinces an unworthiness to continue enjoying the privilege to practice law and highlights the unfitness to remain a member of the law profession.

The court found his conduct detrimental not only to the parties involved but also to the legal profession’s reputation, necessitating the ultimate penalty of disbarment to uphold the integrity of the legal system.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Lomeda’s misrepresentation as a corporate secretary and his execution of a falsified Secretary’s Certificate, along with his disrespect for the Court, warranted disciplinary action, specifically disbarment. The Court examined if his actions violated the Code of Professional Responsibility and the lawyer’s oath.
What did Atty. Lomeda do that led to the complaint?	Atty. Lomeda issued a Secretary’s Certificate, purportedly as the corporate secretary of Big “N” Corporation, to facilitate a real estate mortgage for Lantaka Distributors Corporation. Big “N” later claimed that Atty. Lomeda was never their corporate secretary and that the certificate was falsified.
What was the basis for the disbarment?	The disbarment was based on Atty. Lomeda’s misrepresentation, execution of a falsified document, disrespect for the Court by failing to participate in the IBP proceedings, and his prior misconduct as a Judge. These actions violated the Code of Professional Responsibility and the lawyer’s oath.
What is the significance of the Secretary’s Certificate in this case?	The Secretary’s Certificate was crucial as it served as the basis for the real estate mortgage. The falsification of the certificate and Atty. Lomeda’s misrepresentation undermined the validity of the mortgage and caused prejudice to the involved parties.
What is the Code of Professional Responsibility?	The Code of Professional Responsibility (CPR) is a set of ethical rules that govern the conduct of lawyers in the Philippines. It outlines the duties and responsibilities of lawyers to the court, their clients, and the public.
What is the lawyer’s oath?	The lawyer’s oath is a solemn pledge taken by every lawyer upon admission to the bar, promising to uphold the Constitution, obey the laws, do no falsehood, and conduct themselves with honesty and integrity. It underscores the ethical and moral obligations of lawyers.
Why was Atty. Lomeda’s failure to participate in the IBP proceedings considered significant?	His failure to participate showed disrespect for the Court and the IBP, which is authorized to investigate administrative cases against lawyers. It demonstrated a disregard for the judicial process and a lack of accountability for his actions.
Did Atty. Lomeda have any prior disciplinary issues?	Yes, Atty. Lomeda had a prior administrative case (A.M. No. MTJ-90-400) where he was dismissed from the Judiciary for gross negligence and false testimony. This prior misconduct was considered an aggravating factor in the disbarment decision.

This case serves as a strong reminder of the ethical responsibilities of lawyers and the serious consequences of dishonesty and disrespect for the legal system. The disbarment of Atty. Lomeda underscores the importance of upholding the integrity of the legal profession and adhering to the highest standards of conduct.

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: PHILIPPINE INVESTMENT ONE (SPV-AMC), INC. VS. ATTY. AURELIO JESUS V. LOMEDA, A.C. No. 11351, August 14, 2019