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ATTY. OSCAR L. EMBIDO v. ATTY. SALVADOR N. PE

FACTS:

This case involves a complaint for disbarment against Assistant Provincial Prosecutor Atty. Salvador N. Pe, Jr. for allegedly falsifying a non-existent court decision and presenting it as a genuine decision of the Regional Trial Court (RTC) of Bugasong, Antique. The complaint was filed by the National Bureau of Investigation (NBI), Western Visayas Regional Office, represented by Regional Director Atty. Oscar L. Embido.

On July 7, 2004, the Clerk of Court of the RTC received a communication from a solicitor in the United Kingdom requesting a copy of a decision dated February 12, 1997 rendered by Judge Rafael Penuela in a case entitled "In the Matter of the Declaration of Presumptive Death of Rey Laserna," with Shirley Quioyo as the petitioner. However, upon checking the court records, it was discovered that the RTC had no record of such case. Instead, the records showed that Judge Penuela had decided a case entitled "In the Matter of the Declaration of Presumptive Death of Rolando Austria," with Serena Catin Austria as the petitioner.

The solicitor then sent a machine copy of the purported decision presented by Shirley Quioyo in UK court proceedings, which was found to be a falsified court document. Judge Penuela wrote to the solicitor to inform him of the situation. The falsified decision was discovered when the NBI investigated the matter upon receiving a letter from the Clerk of Court regarding the situation.

Dy Quioyo, the brother of Shirley Quioyo, executed an affidavit stating that it was the respondent who facilitated the issuance of the falsified decision for a fee of P60,000.00. This allegation was corroborated by Mary Rose Quioyo, another sister of Shirley Quioyo. The NBI invited the respondent to explain his side, but he invoked his right to remain silent.

After conducting its investigation, the NBI recommended to the Office of the Ombudsman for Visayas to prosecute the respondent for falsification of public document and violation of The Anti-Graft and Corrupt Practices Act. The NBI also recommended to the Office of the Court Administrator to initiate disbarment proceedings against the respondent. The case was then referred to the Integrated Bar of the Philippines (IBP) for investigation, report, and recommendation.

The IBP Investigating Commissioner found the respondent guilty of serious misconduct and violations of the Attorney's Oath and Code of Professional Responsibility. The Commissioner recommended a one-year suspension from the practice of law. The case is now before the Court for resolution.

ISSUES:

  1. Whether Asst. Provincial Prosecutor Salvador N. Pe, Jr. is guilty of falsifying a court decision.

RULING:

  1. Yes. The Court found Asst. Provincial Prosecutor Salvador N. Pe, Jr. guilty of grave misconduct for falsifying a court decision in consideration of a sum of money. Consequently, the Court disbarred him for violating Rule 1.01 of Canon 1, and Rule 7.03 of Canon 7 of the Code of Professional Responsibility.

PRINCIPLES:

  1. Grave Misconduct A lawyer who falsifies a court decision and represents it as that of a court of law is guilty of grave misconduct.

  2. Disbarment The deliberate falsification of a court decision by a lawyer reflects a high degree of moral turpitude and can justify disbarment or suspension from the practice of law.

  3. Professional Responsibility Canon 7 and Rule 7.03 of the Code of Professional Responsibility state that a lawyer shall uphold at all times the dignity and integrity of the Legal Profession and shall not engage in conduct that adversely reflects on their fitness to practice law.

  4. Legal Ethics The practice of the legal profession is a privilege extended only to the deserving, and the Court may withdraw or deny this privilege to those who fail to observe and respect the Lawyer's Oath and the canons of ethical conduct.

  5. Disciplinary Authority No lawyer is immune from the disciplinary authority of the Court, which has the duty and obligation to investigate and punish lawyer misconduct, whether committed in a professional or private capacity.