In Roger D. Asuncion v. Atty. Ronaldo P. Salvado, the Supreme Court disbarred Atty. Ronaldo P. Salvado for violating the Lawyer’s Oath and the Code of Professional Responsibility (CPR). The Court found that Atty. Salvado engaged in influence peddling by promising to secure a favorable judgment in an annulment case through his connections. This decision reinforces the principle that lawyers must uphold the law and refrain from activities that undermine the integrity of the legal system. The disbarment serves as a stern warning against influence peddling and other unethical practices within the legal profession, emphasizing the importance of maintaining public trust and confidence in the judiciary.

When Promises of Legal Miracles Lead to Professional Downfall

Roger D. Asuncion sought Atty. Ronaldo P. Salvado’s assistance in annulling his mother’s previous marriage, agreeing to pay P700,000 for legal services. Allegedly, the agreement included contacting officials from the National Statistics Office (NSO) to expedite the process and secure a favorable judgment within two months. Asuncion paid Atty. Salvado P420,000.00. However, Asuncion claimed Atty. Salvado failed to deliver the promised documents, avoided communication, and ultimately reneged on his promise to return the money. This led Asuncion to file a disbarment complaint against Atty. Salvado for violating the Code of Professional Responsibility.

The Integrated Bar of the Philippines (IBP) investigated the matter. Despite being directed to file an answer, Atty. Salvado did not comply. The Investigating Commissioner found Atty. Salvado guilty of violating Canon 17 and Rules 18.03 and 18.04 of Canon 18 of the CPR, recommending a five-year suspension. The IBP Board of Governors adopted this recommendation. Atty. Salvado moved for reconsideration, claiming he did not receive notices and disputing the evidence. However, the IBP Board of Governors denied the motion. The central issue before the Supreme Court was whether Atty. Salvado should be disbarred.

Administrative proceedings against lawyers are sui generis. They are neither civil nor criminal actions but investigations into the conduct of officers of the Court. Every lawyer is presumed innocent until proven otherwise. The complainant bears the burden of proving their case with substantial evidence. The Supreme Court emphasized that disbarment cases are not about providing relief to the complainant but about maintaining the integrity of the legal profession. Thus, the complainant’s potential loss of interest in the case does not automatically terminate the disbarment proceedings.

Atty. Salvado argued that he did not receive the notices sent by the IBP. However, the Court found it suspicious that he received the IBP Board of Governors’ Resolution sent to the same address. This implied a pattern of ignoring IBP notices, except for resolutions. The Court presumed that Atty. Salvado received the notices, as a letter duly directed and mailed is presumed to have been received. Furthermore, Atty. Salvado had filed a motion for reconsideration where he had the opportunity to answer the allegations. Therefore, any initial lack of due process was cured by this motion.

A critical piece of evidence was the screenshots of text messages between Asuncion and Atty. Salvado. Atty. Salvado argued that these messages were inadmissible because they were not properly authenticated under the Rules on Electronic Evidence. However, the Court classified these messages as ephemeral electronic communications. In Bartolome v. Maranan, the Court held that ephemeral electronic communications are admissible if proven by the testimony of a party to the communication. Asuncion’s testimony as a party to the text exchange was sufficient to prove their contents. The Court also noted that the communications could be considered Asuncion’s admission against interest, further bolstering their evidentiary value.

The Court highlighted that Atty. Salvado did not deny the content of the text messages or Asuncion’s factual allegations. This lack of denial was considered an implied admission. Atty. Salvado implicitly admitted promising to deliver a favorable judgment annulling Feliza’s marriage within two months through his connections. Considering the annulment process in the Philippines, Atty. Salvado knew a judgment could not be obtained in such a short time frame. He agreed to deliver an antedated judgment, which could only be procured through illegal means. The Court inferred that the P700,000 legal fees included payments to Atty. Salvado’s connections for the decision.

The subject matter of the Memorandum of Agreement suggested impropriety. An antedated judgment can only be secured through illegal means. Accepting an engagement that entails unlawful acts constitutes an offense. As an officer of the Court, a lawyer must uphold the Constitution and obey the laws. Canon 1 of the CPR mandates respect for law and legal processes. Rule 1.01 prohibits unlawful, dishonest, or deceitful conduct. Rule 1.02 forbids counseling or abetting activities that defy the law or lessen confidence in the legal system. The text messages demonstrated influence peddling, violating Rule 15.06, which prohibits lawyers from implying the ability to influence public officials or tribunals.

The Court further stated that Canon 13 requires lawyers to rely on the merits of their cause and refrain from impropriety. In Rodco Consultancy and Maritime Services Corp. v. Atty. Concepcion, the Court discussed the damage that influence peddling inflicts on the judiciary’s image. It erodes public trust by implying that justice depends on connections rather than merit. Atty. Salvado’s failure to return the money when the agreement failed violated Rule 16.01 of the CPR, which requires lawyers to account for all client funds. Additionally, he stopped updating Asuncion, violating Canons 17 and 18 and Rule 18.04 of the CPR, mandating diligence and communication with clients.

Given Atty. Salvado’s repeated violations, the Court determined that disbarment was the appropriate penalty. This was the third meritorious disbarment complaint filed against him. In Aca v. Atty. Salvado, he was suspended for two years for issuing worthless checks. In Ereñeta v. Atty. Salvado, he was suspended for two years for failing to deliver a title and issuing a dishonored check, with a warning that further violations would lead to disbarment. This consistent disregard for the CPR and the Lawyer’s Oath showed a lack of good moral character. While the power to disbar must be exercised cautiously, the Court cannot ignore Atty. Salvado’s blatant disregard for his professional obligations. The Court ordered the return of P420,000 to Asuncion, with interest.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Ronaldo P. Salvado should be disbarred for promising to secure a favorable judgment through influence peddling and for other violations of the Code of Professional Responsibility.
What did Atty. Salvado promise to do for the complainant?	Atty. Salvado promised to secure a favorable judgment in an annulment case within two months by contacting officials from the National Statistics Office (NSO) and using his connections.
What evidence was used against Atty. Salvado?	The evidence included receipts for payments made to Atty. Salvado, a Memorandum of Agreement (MOA), and screenshots of text messages between Atty. Salvado and the complainant.
How did the Court address the admissibility of text messages as evidence?	The Court classified the text messages as ephemeral electronic communications and ruled that the complainant’s testimony as a party to the exchange was sufficient to prove their contents.
What violations of the Code of Professional Responsibility was Atty. Salvado found guilty of?	Atty. Salvado was found guilty of violating the Lawyer’s Oath, Canon 1 (Rules 1.01 and 1.02), Canon 13, Rule 15.06, Canons 17 and 18, and Rule 18.04 of the Code of Professional Responsibility.
What was the penalty imposed on Atty. Salvado?	The Court imposed the penalty of disbarment, ordering his name stricken from the Roll of Attorneys, and ordered him to return P420,000.00 to the complainant with interest.
Why did the Court impose such a severe penalty?	The Court considered Atty. Salvado’s repeated violations of the CPR and the Lawyer’s Oath, including previous suspensions, demonstrating a lack of good moral character and unworthiness to be a member of the legal profession.
What is the significance of this case for other lawyers?	This case serves as a warning against influence peddling and other unethical practices, emphasizing the importance of upholding the law, maintaining client communication, and preserving public trust in the judiciary.

The disbarment of Atty. Ronaldo P. Salvado underscores the legal profession’s commitment to upholding ethical standards and protecting the integrity of the legal system. This ruling reinforces the principle that lawyers must adhere to the highest standards of conduct, ensuring that justice is served fairly and impartially. The Supreme Court’s decision sends a clear message that influence peddling and other unethical practices will not be tolerated, preserving the public’s trust and confidence in 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: ROGER D. ASUNCION v. ATTY. RONALDO P. SALVADO, G.R. No. 68459, July 05, 2022