FACTS:

A complaint for disbarment was filed against Attys. Vitaliano C. Fabros and Pacifico S. Paas by Senator Aquilino Q. Pimentel Jr. The complaint alleged that the respondents committed "unlawful, dishonest, immoral, or deceitful conduct" in relation to their duties as chairman and vice-chairman of the provincial board of canvassers (PBC-Isabela) in the 1995 elections. It was alleged that the respondents fraudulently altered and padded the votes of certain candidates in the Provincial Certificate of Canvass and the Statement of Votes per Municipality for the Province of Isabela, which were submitted to the Commission on Elections (COMELEC). The complainant argued that the respondents violated the Omnibus Election Code and existing penal laws, as well as the Code of Professional Responsibility. Respondents Fabros and Paas denied the allegations and claimed that any discrepancies in the documents were due to human fatigue or simple negligence. The Integrated Bar of the Philippines (IBP) found the respondents guilty of violating the Code of Professional Responsibility and imposed a fine on each of them. The Court upheld the finding of misconduct and imposed a fine on the respondents.

ISSUES:

1. Whether or not Attorneys Vitaliano C. Fabros and Pacifico S. Paas are guilty of misconduct for certifying false and fraudulent documents.

RULING:

1. Attorneys Vitaliano C. Fabros and Pacifico S. Paas are found guilty of misconduct. They were responsible for the discrepancy between the questioned certificate of canvass and the statement of votes in the 1995 elections in the Province of Isabela. As chairman and vice-chairman of the provincial board of canvassers, they were mandated to receive the municipal/city certificates of canvass and to canvass them for the votes. They also prepared the provincial certificate of canvass, in which fraudulent figures were discovered, and certified the same as true and correct under oath. Despite their alleged non-participation in the misdeed, they remained responsible as officials of the board of canvassers. By certifying to false figures, they engaged in unlawful, dishonest, immoral, and deceitful conduct, violating their oath as officers of the court. They failed to live up to the high standards of the legal profession, particularly as lawyers in government service.

PRINCIPLES:

• Attorneys have a duty not to engage in unlawful, dishonest, immoral, or deceitful conduct. (Canon 1.01, Code of Professional Responsibility)

• Attorneys who are public officers have an even greater obligation to observe the basic tenets of the legal profession because public office is a public trust. (Canon 6, Code of Professional Responsibility)

• Attorneys are responsible for the accuracy and correctness of documents they certify, even if prepared by other persons. They should check the accuracy of the figures they are certifying to. (Canon 6, Code of Professional Responsibility)

• Attorneys found guilty of misconduct may be subject to disciplinary action, which may include fines.