Code of Professional Responsibility
Canon 12
Alonso vs. Relamida, Jr.
A.C. No. 8481
FACTS:
In March 2001, Jennifer Ebanen filed a complaint for illegal dismissal against Servier Philippines, Incorporated in the NLRC. On July 5, 2002, the labor Arbiter ruled in favor of Servier, stating that Ebanen voluntarily resigned. Ebanen appealed at the NLRC which only affirmed the appealed decision. Ebanen filed for reconsideration but was denied. The case eventually reached the Supreme Court. On February 17, 2005, the Court’s Resolution dated August 4, 2004 has already become final and executory; thus, a corresponding Entry of Judgment has been issued dismissing the petition and holding that there was no illegal dismissal since Ebanen voluntarily resigned.
However, despite the judgment, Ebanen through Atty. Relamida, Jr. filed a second complaint on August 5, 2005 for illegal dismissal based on the same cause of action of constructive dismissal against Servier. Thus, on October 13, 2005, Servier, thru counsel, filed a letter-complaint addressed to the then Chief Justice Hilario Davide, Jr., praying that respondents be disciplinary sanctioned for violation of the rules on forum shopping and res judicata.
Respondents admitted the filing of the second complaint against Servier. However, they opined that the dismissal did not amount to res judicata, since the decision was null and void for lack of due process since the motion for the issuance of subpoena duces tecum for the production of vital documents filed by the complainant was ignored by the Labor Arbiter.
ISSUE: Is the respondent guilty of forum shopping and res judicata thus violating Canon 12 of the Code of Professional Responsibility?
HELD:
During the IBP hearing, Atty. Relamida is ot a lawyer but the daughter of Atty. Aurelio the senior partner of A.M. Sison Jr. and Partners Law Offices where he is employed as associate lawyer. Atty. Relamida reasoned out that as a courtesy to Atty. Aurelio and Ebanen, he had no choice but to represent the latter. Moreover, he stressed that his client was denied of her right to due process due to the denial of her motion for the issuance of a subpoena duces tecum. He then argued that the decision of the Labor Arbiter was null and void; thus, there was no res judicata. He maintained that he did not violate the lawyer’s oath by serving the interest of his client. The IBP-CBD recommended that Atty. Relamida, Jr. be suspended for 6 months for violating the rules on forum shopping and res judicata.
The Supreme Court agrees to this finding. A lawyer owes fidelity to the cause of his client, but not at the expense of truth and the administration of justice. The filing of multiple petitions constitutes abuse of the court’s processes and improper conduct that tends to impede, obstruct and degrade the administration of justice and will be punished as contempt of court. Needless to state, the lawyer who files such multiple or repetitious petitions (which obviously delays the execution of a final and executory judgment) subjects himself to disciplinary action for incompetence (for not knowing any better) or for willful violation of his duties as an attorney to act with all good fidelity to the courts, and to maintain only such actions as appear to him to be just and are consistent with truth and honor.
The filing of another action concerning the same subject matter, in violation of the doctrine of res judicata, runs contrary to Canon 12 of the Code of Professional Responsibility, which requires a lawyer to exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. By his actuations, respondent also violated Rule 12.02 and Rule 12.04 of the Code, as well as a lawyer’s mandate "to delay no man for money or malice."
DISPOSITIVE PORTION:
WHEREFORE, Resolution No. XVIII-2008-286, dated June 5, 2008, of the IBP, which found respondent Atty. Ibaro B. Relamida, Jr. guilty of violating the Rules on Res Judicata and Forum Shopping, is AFFIRMED. Atty. Relaminda is hereby SUSPENDED for six (6) months from the practice of law, effective upon the receipt of this Decision
FULL TEXT: http://www.lawphil.net/judjuris/juri2010/aug2010/ac_8481_2010.html
