View full case

EDGAR O. PEREA v. ATTY. RUBEN L. ALMADRO

FACTS:

Atty. Ruben L. Almadro engaged the services of the Sua & Alambra Law Offices to represent him in a disbarment case filed against him by Edgar O. Perea. Atty. Almadro requested a copy of the complaint so he could file an answer. Complainant Perea claimed to have furnished copies of the complaint to Atty. Almadro via facsimile machine. The Integrated Bar of the Philippines (IBP) ordered Atty. Kenton Sua and Atty. Alambra to show cause for their alleged deliberate falsehood and misrepresentation in the preparation of Atty. Almadro's answer. The case was remanded to the IBP for further action on the contempt proceedings. The IBP found Atty. Sua and Atty. Alambra to be less than honest and forthright in their representation before the court and imposed a fine of P2,000.00 each. Atty. Sua and Atty. Alambra explained that Atty. Sua had no participation in the case and that Atty. Alambra acted based on Atty. Almadro's claim that he had not received a copy of the complaint. The court, however, pointed out that Atty. Almadro's previous motions for extension of time indicated that he had received a copy of the complaint. The court held Atty. Alambra guilty of contempt of court and neglect of his duties as a lawyer and fined him P2,000.00. Atty. Sua was absolved of any liability.

ISSUES:

  1. Whether or not Atty. Alan Andres B. Alambra should be held liable for contempt of court and neglect of his duties as a lawyer.

RULING:

  1. Atty. Alan Andres B. Alambra is held guilty of contempt of Court and neglect of his duties as a lawyer. He is fined in the amount of Two Thousand Pesos (P2,000.00) with a warning that any similar act will be dealt with more severely. Atty. Kenton Sua is absolved of any liability.

PRINCIPLES:

  • Lawyers have a duty of candor, fairness, and good faith to the court.

  • Lawyers should not do any falsehood, nor consent to the doing of any in court.

  • Lawyers should not mislead, or allow the court to be misled by any artifice.

  • Lawyers may be held liable for contempt of court and neglect of their duties as a lawyer if they fail to uphold their ethical obligations.