In a significant ruling, the Supreme Court has suspended Atty. Flordeliza M. Jimeno for six months for violating the Lawyer’s Oath and the Code of Professional Responsibility. The case arose from her involvement in a property sale where she signed a Deed of Absolute Sale containing false information, specifically the signature of a deceased person. This decision underscores the high ethical standards expected of lawyers and reinforces their duty to uphold the law, even when acting on behalf of clients, highlighting that legal professionals must not engage in or condone any form of dishonesty.

When Family Ties Entangle Legal Ethics: The Case of the Dishonest Deed

The case of Geronimo J. Jimeno, Jr. v. Atty. Flordeliza M. Jimeno began with a complaint filed by Geronimo J. Jimeno, Jr. against his cousin, Atty. Flordeliza M. Jimeno. The complaint alleged that Atty. Jimeno had engaged in unlawful, dishonest, immoral, and deceitful conduct by falsifying a public document. Specifically, she was accused of selling a property belonging to Geronimo Jr.’s deceased parents using a Deed of Absolute Sale that contained false information. The complainant further contended that the respondent violated her duty to preserve client confidences. The central issue was whether Atty. Jimeno should be held administratively liable for these actions.

The facts revealed that Atty. Jimeno, acting as the attorney-in-fact for Geronimo Sr., sold a property co-owned by him and his ten children. The Deed of Absolute Sale was problematic because it bore the signature of Perla de Jesus Jimeno, who had passed away before the document’s execution. Additionally, the deed incorrectly described Geronimo Sr. as married to Perla at the time of the sale. The complainant argued that these inaccuracies constituted a falsification of a public document and a breach of professional ethics. He also claimed that the attorney revealed confidential information about his father, violating lawyer-client privilege.

In her defense, Atty. Jimeno claimed that she did not prepare the deed and that all documents were sent to her from Canada by another relative. She argued that she signed the deed in good faith, believing that all parties had consented to the sale. Furthermore, she contended that the information she shared with the complainant’s lawyer was not privileged communication. The Integrated Bar of the Philippines (IBP) investigated the matter and found that while the sale appeared to be a unanimous decision of the Jimeno children, Atty. Jimeno had violated her duties as a lawyer by allowing herself to be a party to a document containing falsehoods.

The IBP initially recommended a reprimand, but upon reconsideration, the penalty was increased to a six-month suspension from the practice of law. The IBP emphasized that Atty. Jimeno’s actions were a blatant transgression of her duties under Rule 1.01 of the Code of Professional Responsibility (CPR). This rule prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct. The Supreme Court adopted the findings of the IBP, underscoring the importance of honesty, integrity, and trustworthiness in the legal profession.

The Supreme Court’s decision rested on the fundamental principle that lawyers must be honest and trustworthy in all their dealings, both with clients and with the courts. The Court emphasized the significance of the Lawyer’s Oath, which requires lawyers to refrain from doing any falsehood and to conduct themselves with fidelity to the courts and their clients. As officers of the court, lawyers are expected to uphold the law and serve as exemplars of ethical conduct. The Lawyer’s Oath explicitly states: “I will do no falsehood, nor consent to the doing of any in court.”

The Court also cited several provisions of the CPR, including Rule 1.01 of Canon 1, Rule 15.07 of Canon 15, and Rule 19.01 of Canon 19. These rules collectively require lawyers to uphold the law, promote respect for legal processes, observe candor, fairness, and loyalty in dealings with clients, and employ only fair and honest means to attain lawful objectives. The Supreme Court found that Atty. Jimeno had violated these rules by participating in the execution of a deed containing false information, thereby failing to uphold the law and engaging in dishonest conduct.

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.

CANON 15 – A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients.

Rule 15.07 – A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

CANON 19 – A lawyer shall represent his client with zeal within the bounds of the law.

Rule 19.01 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his client.

The Court rejected Atty. Jimeno’s defense that she relied on the assurances of the Jimeno children and acted in good faith. It emphasized that lawyers have a clear and unambiguous obligation to be truthful and honest in their professional actions. The fact that she did not prepare the documents of sale was deemed irrelevant because, as a lawyer, she was expected to respect and abide by the laws and legal processes. The Court stated that lawyers are “most sacredly bound to uphold the law” and “it is imperative that they live by the law.” Lawyers cannot use good faith as a justification to excuse them from discharging their duty to be truthful and honest in their professional actions.

The decision also addressed the issue of lawyer-client privilege, finding that the charge of violation was not properly substantiated. While the complainant alleged that Atty. Jimeno had disclosed confidential information, the Court found insufficient evidence to support this claim. Therefore, the suspension was based solely on the falsification of the document.

The Supreme Court concluded that Atty. Jimeno’s actions constituted malpractice and gross misconduct in her office as an attorney. The Court cited previous cases where lawyers who committed falsehood or knowingly allowed the commission of falsehood were suspended from the practice of law. In line with these precedents, the Court imposed a six-month suspension on Atty. Jimeno. The Court reiterated its commitment to ensuring that lawyers remain faithful to the Lawyer’s Oath and preserve their fitness to remain members of the legal profession.

In justifying the penalty, the Supreme Court said:

Verily, the act of respondent in affixing her signature on a deed of sale containing falsehood and/or inaccuracies constitutes malpractice and gross misconduct in her office as attorney. Case law provides that in similar instances where lawyers committed falsehood or knowingly allowed the commission of falsehood by their clients, the Court imposed upon them the penalty of suspension from the practice of law. In Jimenez v. Francisco, a lawyer was suspended from the practice of law for six (6) months for permitting untruthful statements to be embodied in public documents.

The Court’s decision serves as a strong reminder to all lawyers of their ethical obligations and the importance of maintaining honesty and integrity in their professional conduct. It reinforces the principle that lawyers must uphold the law and refrain from participating in any form of deceit or misrepresentation, even when acting on behalf of clients. The ruling has significant implications for the legal profession, highlighting the need for lawyers to exercise due diligence and ensure the accuracy of documents they sign.

Ultimately, this case reinforces the bedrock principles of the legal profession. It clarifies that convenience, familial ties, or client pressure will never justify a departure from the truth. The repercussions extend beyond the individual lawyer, impacting public trust in the entire legal system. By enforcing these standards, the Supreme Court seeks to maintain the integrity of the profession and protect the public from unethical conduct.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Jimeno should be held administratively liable for falsifying a public document by signing a Deed of Absolute Sale containing false information. This tested the boundaries of a lawyer’s ethical duty to uphold honesty and integrity.
What was the false information in the deed?	The deed bore the signature of Perla de Jesus Jimeno, who was already deceased, and incorrectly described Geronimo Sr. as married to Perla at the time of the sale. Additionally, the deed erroneously stated Geronimo Sr.’s residence.
What did Atty. Jimeno argue in her defense?	Atty. Jimeno argued that she did not prepare the deed, that the documents were sent from Canada, and that she signed the deed in good faith, believing all parties had consented. She also argued that her communication wasn’t privileged.
What was the IBP’s initial recommendation?	The IBP initially recommended a reprimand for Atty. Jimeno, but upon reconsideration, the penalty was increased to a six-month suspension from the practice of law. This reflected a stronger stance against ethical violations.
What provisions of the CPR did Atty. Jimeno violate?	Atty. Jimeno violated Rule 1.01 of Canon 1, Rule 15.07 of Canon 15, and Rule 19.01 of Canon 19 of the Code of Professional Responsibility. These rules concern honesty, fairness, and adherence to the law.
Why was Atty. Jimeno’s good faith defense rejected?	The Court emphasized that lawyers have a clear obligation to be truthful and honest, regardless of good intentions or reliance on others’ assurances. Ignorance or convenience is never an excuse.
Was the charge of violating lawyer-client privilege upheld?	No, the Court found insufficient evidence to support the claim that Atty. Jimeno had disclosed confidential information, so this charge was not upheld. The suspension was based solely on the falsification of the document.
What is the significance of the Lawyer’s Oath in this case?	The Lawyer’s Oath requires lawyers to refrain from doing any falsehood, and the Court emphasized that Atty. Jimeno’s actions violated this oath. The oath is a fundamental pledge every lawyer makes.
What is the penalty for similar violations?	In similar cases where lawyers commit falsehood or knowingly allow the commission of falsehood, the Court has imposed the penalty of suspension from the practice of law. This reflects the severity of the offense.

The Supreme Court’s decision in this case serves as a stern reminder to all members of the Bar about the importance of upholding the highest standards of ethical conduct. Lawyers must remain vigilant in ensuring the accuracy and truthfulness of the documents they handle, and they must never compromise their integrity for the sake of convenience or client pressure. The legal profession relies on the public’s trust, and it is the duty of every lawyer to safeguard that trust through unwavering adherence to the law and ethical principles.

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: GERONIMO J. JIMENO, JR. VS. ATTY. FLORDELIZA M. JIMENO, A.C. No. 12012, July 02, 2018