FACTS:
Atty. Walter T. Young filed a Verified Affidavit-Complaint for disbarment against Attys. Ceasar G. Batuegas, Miguelito Nazareno V. Llantino, and Franklin Q. Susa. Complainant is the private prosecutor in a murder case pending before the Regional Trial Court (RTC) of Manila, Branch 27. Accused attorneys Batuegas and Llantino filed a Manifestation with Motion for Bail, alleging that the accused had voluntarily surrendered and was already under detention. However, upon verification with the National Bureau of Investigation (NBI), it was discovered that the accused surrendered a day after the alleged date stated in the motion. The Branch Clerk of Court, respondent Susa, calendared the motion despite the irregularity and other formal defects.
ISSUES:
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Whether the respondents committed deliberate falsehood in court and violated the lawyer's oath.
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Whether the inclusion of the motion in the court's calendar by respondent Susa was done in the faithful performance of his ministerial duty.
RULING:
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Respondents Batuegas and Llantino are guilty of deliberate falsehood. They knowingly alleged an untrue statement of fact in their pleading, which is a contemptuous conduct that violates their lawyer's oath. They resorted to deception to mislead the court, contributing to injustice. Their argument that the allegation was merely an ultimate fact that still needed to be proven does not exonerate them because the fact remains that the specific date mentioned in the motion was false.
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Respondent Susa, however, is not administratively liable for including the motion in the court's calendar. He acted under the instruction of the presiding judge and should not be held liable for the judge's authorization. Nonetheless, Susa is reminded of his duty to inform the judge if he observes any act or conduct by lawyers that goes against established rules of procedure.
PRINCIPLES:
A lawyer has a duty to be a disciple of truth, conducting himself with honesty and good fidelity to the courts and clients. While a lawyer must zealously defend his client's rights, it should not be at the expense of truth. The court may suspend or disbar a lawyer for misconduct that shows him to be wanting in moral character, honesty, probity, and good demeanor, making him unworthy to continue as an officer of the court. Lawyers are obligated to observe the rules of procedure and not to misuse them to defeat the ends of justice.