In a series of consolidated administrative cases, the Supreme Court addressed complaints against and by Atty. Bayani P. Dalangin, Atty. Rosita L. Dela Fuente-Torres, and Atty. Avelino Andres. The Court ultimately admonished Atty. Dalangin for imprudent conduct and fined him for behavior reflecting poorly on the legal profession, while dismissing the complaints against Attys. Torres and Andres. This decision underscores the judiciary’s commitment to maintaining ethical standards among lawyers, while also safeguarding them from unsubstantiated accusations.

When Personal Disputes Overshadow Professional Ethics: Examining Attorney Misconduct

The consolidated cases originated from a tangled web of accusations involving several lawyers and individuals in Nueva Ecija. Atty. Rosita L. Dela Fuente-Torres, along with others, initially filed a complaint against Atty. Bayani P. Dalangin, alleging gross immorality, malpractice, and misconduct. This complaint stemmed from Atty. Dalangin’s alleged illicit affair with Julita Pascual, misuse of his position as a public attorney, and questionable practices in handling court cases.

Subsequently, Glenda Alvaro filed a separate complaint against Atty. Dalangin for slanderous remarks and threats made in public. Atty. Dalangin retaliated by filing complaints against Atty. Torres and Atty. Avelino Andres, accusing them of conspiring to violate the Anti-Wiretapping Act and submitting perjured statements. The IBP consolidated these cases and recommended suspending Atty. Dalangin for three years, while dismissing the charges against Attys. Torres and Andres. Atty. Dalangin then sought recourse from the Supreme Court.

The Supreme Court first addressed the procedural issue of Atty. Dalangin’s immediate petition for review. The Court clarified that while it has the final say on disciplinary actions against lawyers, the IBP’s findings are recommendatory. The Court proceeded to review the merits of each complaint. In A.C. No. 10758, the Court examined the allegations of gross immorality against Atty. Dalangin, particularly his alleged affair with Julita Pascual. The Court acknowledged that extramarital affairs are serious breaches of ethical conduct for lawyers, but found the evidence presented insufficient to prove the illicit relationship. While there were affidavits and testimonies suggesting the affair, the Court noted that they were based on general statements and lacked concrete evidence.

The Court emphasized the standard of substantial evidence required in administrative cases, as highlighted in Saladaga v. Astorga, stating that substantial evidence is “that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.” Additionally, the burden of proof rests on the complainant, who must establish the case against the respondent with clear and convincing evidence. The Court also stated that mere allegations cannot be given credence.

Despite the lack of sufficient evidence to prove the affair, the Court found Atty. Dalangin at fault for demonstrating excessive closeness with Pascual’s family, which could have led to the perception of an improper relationship. The Court cited the importance of lawyers maintaining a high standard of moral character, both in fact and in appearance, referencing Canon 7 of the CPR. However, the Court deemed suspension too severe a penalty and instead issued an admonition.

Regarding the other charges in A.C. No. 10758, the Court found insufficient evidence of malpractice, such as demanding acceptance fees from indigent clients or appearing in courts beyond his jurisdiction without authorization. The Court addressed the allegation that Atty. Dalangin misquoted jurisprudence in a pleading. While the Court acknowledged that misquoting jurisprudence is a violation of Canon 10, Rule 10.02 of the CPR, it found that suspension was not warranted as there was no clear intent to mislead the court.

In A.C. No. 10759, concerning Atty. Dalangin’s altercation with Glenda Alvaro, the Court found that Atty. Dalangin’s conduct was inappropriate, especially since it occurred within court premises and in public. The Court referenced Canon 7, Rule 7.03 of the CPR, which prohibits lawyers from engaging in conduct that adversely reflects on their fitness to practice law. While acknowledging Atty. Dalangin’s possible frustration, the Court imposed a fine of P5,000.00 with a stern warning against future misconduct.

Conversely, the Court affirmed the IBP’s decision to dismiss the complaints filed by Atty. Dalangin against Attys. Torres and Andres in A.C. No. 10760 and A.C. No. 10761. The Court agreed that there was insufficient evidence to prove that Attys. Torres and Andres conspired to violate the Anti-Wiretapping Act or that Atty. Torres induced affiants to make perjured statements. The Court emphasized that serious charges like these require clear and convincing proof. The Court underscored the principle that even if statements made by witnesses are inaccurate, it is not right to assign fault upon the lawyers who drafted the affidavits, especially when it is absent proof that they participated in an intentional declaration of fabricated statements.

The case underscores the need for lawyers to uphold ethical standards and the public’s trust, even amidst personal disputes. While the Court did not find sufficient evidence to warrant a suspension for gross immorality, it emphasized the importance of lawyers conducting themselves with prudence and avoiding even the appearance of impropriety. The Court’s decision serves as a reminder that lawyers are held to a higher standard of conduct, both professionally and personally.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Dalangin, Atty. Torres, and Atty. Andres violated the Code of Professional Responsibility through various acts of misconduct, including gross immorality, slander, and the subornation of perjury. The Supreme Court ultimately addressed complaints against and by these attorneys, balancing professional standards with the need to protect reputations.
What standard of evidence is required in administrative cases against lawyers?	The standard of evidence is substantial evidence, which means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. This is a lower standard than proof beyond a reasonable doubt (criminal cases) or preponderance of evidence (civil cases).
What constitutes gross immorality for a lawyer?	A grossly immoral act is one that is so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. It also involves actions under scandalous or revolting circumstances that shock the common sense of decency.
What is the Anti-Wiretapping Act?	The Anti-Wiretapping Act (R.A. No. 4200) prohibits any person from tapping any wire or cable or using any device to secretly overhear, intercept, or record private communications. It also forbids the possession, replay, or transcription of illegally obtained communications.
What Canon and Rule of the CPR did Atty. Dalangin violate in A.C. No. 10759?	Atty. Dalangin violated Canon 7, Rule 7.03 of the CPR, which states that a lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor behave in a scandalous manner to the discredit of the legal profession. This was due to his public altercation with Glenda Alvaro.
What was the result of the complaints against Attys. Torres and Andres?	The Supreme Court affirmed the IBP’s decision to dismiss the complaints filed by Atty. Dalangin against Attys. Torres and Andres. The Court found insufficient evidence to prove their involvement in violating the Anti-Wiretapping Act or suborning perjury.
What was the penalty imposed on Atty. Dalangin for misquoting jurisprudence?	The Court found Atty. Dalangin had misquoted jurisprudence. While the Court found fault in his actions, it determined that an admonition was adequate.
What should lawyers do to avoid accusations of misconduct?	Lawyers should uphold the highest ethical standards, both professionally and personally. They should maintain prudence in their personal affairs, avoid even the appearance of impropriety, and ensure the accuracy and integrity of their legal work.

The Supreme Court’s decision underscores the importance of ethical conduct for legal professionals. It emphasizes the need to balance upholding professional standards with protecting reputations from unsubstantiated accusations. The ruling serves as a reminder for lawyers to act with integrity and prudence in all aspects of their lives.

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: ATTY. ROSITA L. DELA FUENTE TORRES, ET AL. VS. ATTY. BAYANI P. DALANGIN, A.C. Nos. 10758, 10759, 10760, 10761, December 5, 2017