SECOND DIVISION

[A.C. No. 6681. June 17, 2015.]

VICTOR D. DE LOS SANTOS II , complainant, vs. ATTY. NESTOR C.

BARBOSA , respondent.

DECISION

BRION , J : p

We review Resolution No. XVIII-2008-705 1 of the Board of Governors of the

Integrated Bar of the Philippines (IBP) in Administrative Case No. 6681. This Resolution
imposed on Atty. Nestor C. Barbosa ( respondent) the penalty of three months
suspension from the practice of law for violation of his oath as a lawyer and of the
Code of Professional Responsibility. HTcADC

Antecedent Facts
A complaint for Falsi cation of Public Document was led by Melba D. De Los
Santos Rodis (Rodis) against her father, Ricardo D. De Los Santos, Sr. ( De Los Santos,
Sr.) and Rosie P. Canaco ( Canaco). Rodis alleged that Canaco made untruthful
statements in the certi cate of live birth of her son, Victor Canaco De Los Santos.
Canaco indicated in her son's certi cate of live birth that she was married to De Los
Santos, Sr. on September 1, 1974 in San Fernando, Camarines Sur when no such
marriage took place.
On April 24, 2002, an Information 2 was led against Canaco for violation of
Sections 1 and 2 in relation with Section 9 of Presidential Decree No. 651. 3 Particularly,
Canaco was charged of "willfully, unlawfully and knowingly making false statements in
the Certi cate of Live Birth form for her son Victor P. Delos Santos who was born on
June 30, 1982 by falsely stating that she was married to the father of her son, RICARDO
P. DELOS SANTOS on September 1, 1974." 4
The case was docketed as Criminal Case No. 111152 and assigned to the
Metropolitan Trial Court (MeTC), Branch 43 of Quezon City.
At the preliminary conference held on May 24, 2004, the respondent, as counsel
de parte of Canaco, objected to the Prosecution's offer in evidence of the photocopy of
the birth record of Victor Canaco Delos Santos. As a result, the MeTC issued an order
resetting the preliminary conference to October 19, 2004 in order to give the
prosecution time to file a certified true copy of the birth certificate.
On May 25, 2004, the respondent sent letters 5 dated May 24, 2004 to the O ce
of the Civil Registrar of Quezon City, the National Census and Statistics O ce, and St.
Luke's Hospital. The pertinent portions of these letters state:
RE: ALLEGED CERTIFIED TRUE COPY OF CERTIFICATE OF LIVE BIRTH CODED
AS 6826111, COVERED BY REGISTERED NUMBER 2499 LOCAL CIVIL
REGISTRAR, QUEZON CITY.
There is being distributed by unauthorized person/s a purported copy of
Certi cate of Live Birth above indicated which refers to one certain VICTOR
CANACO DE LOS SANTOS . In this connection, please be guided by provisions
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 of our existing laws regarding possible violation of the secrecy and
confidentiality of records.
Assuming without admitting that such facts of birth records exists, please be
guided that my client, VICTOR CANACO DE LOS SANTOS, has never authorized
anybody to secure a copy, Xerox or otherwise, and only upon his written
authority and with undersigned counsel's signature and veri cation may a copy
be officially reproduced, if any exist.
Under penalty of law.
This May 24, 2004.
(signed)
ATTY. NESTOR C. BARBOSA
Counsel for Victor Canaco De Los Santos
Room 402, PNB Building,
City of Naga
Noted by:
(signed)
Victor C. De Los Santos" [Emphasis supplied.]
On October 19, 2004, the MeTC noted the manifestation of the complainant that
they failed to secure a certi ed true copy of the birth certi cate of the accused's son
because of the respondent's letter. Thus, the MeTC issued an order for the issuance of
a subpoena duces tecum/ad testi candum ordering the Civil Registrar of Quezon City
to produce a certi ed true copy of the live birth of Victor Canaco delos Santos who
alleged to have been born on June 30, 1982 under Registry No. LCR 2499. aScITE

Canaco, through the respondent, led a motion for reconsideration of the order
dated October 19, 2004 directing the issuance of a subpoena duces tecum/ad
testificandum. In its order dated July 8, 2005, the MeTC denied the motion for
reconsideration.
In the meantime, Victor D. De Los Santos II [herein complainant (brother of Rodis
and son of Delos Santos, Sr.)] led a complaint with the prosecutor charging the
respondent for obstruction of justice. 6
In defense, the respondent argued, among others, that the name of his client
Canaco's son is VICTOR C. DE LOS SANTOS and not VICTOR P. DE LOS SANTOS as
stated in the Information charging Canaco with violation of Presidential Decree No.
651. Thus, the respondent vehemently denied that he intentionally intended to delay and
obstruct the proceedings in the McTC. 7
The prosecutor dismissed the obstruction of justice complaint for insu ciency
of evidence. 8
The Case
On February 22, 2005, the complainant led a Petition for Disbarment 9 with the
Court, charging the respondent with multiple gross violations of his oath as a lawyer
and Canons of Professional Ethics for unlawfully obstructing and delaying the
proceedings in Criminal Case No. 111152 against Canaco.
The complainant alleged that the respondent's act of sending out the letters
dated May 24, 2004 was criminally and maliciously done to delay, impeded, obstruct, or
otherwise frustrate the prosecution of Canaco, who is the respondent's client. 10

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 The complainant further contended that the respondent's letters were not
justi ed by any tenable and lawful defense 11 and were made to suppress and conceal
the subject birth record to impair its availability, authenticity, verity, or admissibility as
evidence in Criminal Case No. 111152 before the MeTC.
Lastly, the complainant submitted that the acts of respondent constituted
multiple gross violations of his oath as a lawyer, of the Canons of Professional Ethics,
and of his duties as an attorney under the Rules of Court. 12
In his Comment-Opposition 13 dated June 8, 2005, the respondent argued that
the complainant is a disgruntled litigant whose series of cases, led together with his
group, had all been dismissed and the respondent was the opposing counsel in these
dismissals. 14
The respondent further asserted that this case is a violation of the rule on forum
shopping since it is the tenth case pending on the same set of facts.
The Findings of the Investigating Commissioner
In our Resolution 15 dated August 24, 2005, we referred the case to the IBP for
investigation, report, and recommendation. In her Report and Recommendation, 16 IBP
Commissioner Lolita A. Quisumbing found the respondent administratively liable for
violating his oath as a lawyer and the Code of Professional Responsibility. The IBP
Commissioner opined that:
Respondent's acts of objecting to the offer in evidence of a photocopy of
the birth certi cate of Victor C. De Los Santos which necessitated the
postponement of the preliminary conference in order to afford the prosecution
the opportunity to secure a certi ed true copy thereof was a calculated ploy to
delay the successful prosecution of the case. To guarantee its further delay, on
the same day of the preliminary conference; i.e., on 24 May 2004, he prepared
the letter addressed to the O ce of the Civil Registrar, National Census and
Statistics O ce and St. Luke's Hospital to prevent or delay the issuance of the
certi ed true copy of the birth certi cate. Such conduct is unethical, improper
and inexcusable. 17
xxx xxx xxx
In view of the foregoing, we nd respondent acts of (1) writing and
sending out the letter dated 24 May 2004 and of (2) deliberately
misleading the MeTC, the Supreme Court and this Commission into
believing that Victor Canaco De Los Santos (accused's son whose
birth certi cate is at issue in the criminal case) and Victor P. De Los
Santos (named in the Information) are two (2) different persons as
constituting gross violation of his oath as a lawyer and of the Co de of
Pro fessional Responsibility. Respondent's acts were unethical, improper and
committed with no other prompt and e cient disposition of the case. Lawyers
are reminded that as o cers of the court, they have a responsibility to assist in
the proper administration of justice. 18 [Emphasis supplied.]
The IBP Commissioner recommended that Atty. Barbosa be suspended from the
practice of law for a period of one (1) year.
The Findings of the IBP Board of Governors
In a Resolution 19 dated May 26, 2006, the IBP Board of Governors (BOG)
resolved to adopt and approve the Report and Recommendation of the IBP
Commissioner after nding it to be fully supported by the evidence on record, the
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 applicable laws and rules. However, the IBP Board of Governors modi ed the IBP
Commissioner's recommended penalty of suspension from the practice of law for a
period of one (1) year to six (6) months. HEITAD

Atty. Barbosa moved to reconsider the BOG resolution. In a Resolution 20 dated

December 11, 2008, the BOG denied the motion but modi ed the respondent's
suspension from the practice of law to a period of only three months.
The Court's Ruling
After a careful study of the records, the Court approves the ndings of the IBP
Commission and the IBP Board of Governors, but resolves to modify the recommended
penalty of suspension from the practice of law to a period of one (1) year.
Unduly Delaying the Proceedings
Under Canon 1 of the Code of Professional Responsibility, lawyers should uphold
the Constitution, obey the laws of the land, and promote respect for the law and legal
processes.
Speci cally, Rule 1.01 of Canon 1 states that "[a] lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct ." Rule 1.03 also provides that "
[a] lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding
or delay any man's cause."
Rule 12.04 of Canon 12 of the Code of Professional Responsibility likewise
states that "[a] lawyer shall not unduly delay a case, impede the execution of a judgment
or misuse Court processes."
As an o cer of the court, a lawyer is part of the machinery in the administration
of justice. 21 A lawyer should not only help attain the speedy, e cient, impartial, correct,
and inexpensive adjudication of cases and prompt satisfaction of nal judgments, but
should likewise avoid any unethical or improper practices that may impede, obstruct, or
prevent the realization of a speedy and efficient administration of justice. 22
In the present case, in disregard of the METC's intent to expedite the
proceedings through its Order of October 19, 2004, the respondent sent letters to the
O ce of the Civil Registrar of Quezon City, the National Census and Statistics O ce,
and St. Luke's Hospital to prevent the prosecution from obtaining a certi ed true copy
of the birth certi cate of Victor Canaco Delos Santos. The preliminary conference of
May 24, 2004 was precisely postponed to allow the prosecution to secure this certi ed
true copy. Thus, the respondent committed willful disobedience to a lawful order of the
court intended to avoid any further delay of the proceedings in the criminal case.
Misleading the Court as to the Identity of his Client
Under Canon 10 of the Code of Professional Responsibility, lawyers owe candor,
fairness, and good faith to the court. Particularly, Rule 10.01 provides that "[a] lawyer
shall not do any falsehood, nor consent to the doing of any in Court; nor shall
he mislead, or allow the Court to be misled by any artifice ."
A lawyer is, rst and foremost, an o cer of the court. A lawyer's rst duty is not
to his client but to the administration of justice. 23
In this case, the respondent deliberately misled the MeTC, the Commission and
this Court into believing that Victor Canaco De Los Santos (Canaco's son whose birth
certi cate is at issue in the criminal case) and Victor P. De Los Santos (named in the
Information) are different persons.
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 The Court agrees with the ndings of the IBP Commissioner that the difference
in the middle initial is a mere typographical error on the part of the City Prosecutor.
The criminal case involved one and the same Victor Canaco de los Santos whose birth
certificate has been at issue. ATICcS

Members of the Bar are expected at all times to uphold the integrity and dignity
of the legal profession and refrain from any act or omission, that might lessen the trust
and con dence reposed by the public in the delity, honesty, and integrity of the legal
profession. 24
In Molina v. Magat , 25 the penalty of six months suspension from the practice of
law was imposed against the lawyer who made false and untruthful statements in one
of his pleadings. Here, the respondent committed breaches of ethical rules
beyond what was committed in Molina; his de ance and willful disobedience
to a lawful order of the MeTC and the act of misleading the MeTC, the
Commission, and this Court as to the identity of his client constitute gross
violation of his oath as a lawyer and of the Code of Professional
Responsibility .
For clearly falling short of the standards set by the Code of Professional
Responsibility, the Court nds that the appropriate penalty should be a suspension
from the practice of law for a period of one (1) year as originally recommended by the
Investigating Commissioner.
WHEREFORE , premises considered, the Court nds respondent Atty. Nestor C.
Barbosa GUILTY of violating Rules 1.01 and 1.03 of Canon I, Rule 10.01 of Canon 10,
and Rule 12.04 of Canon 12 of the Code of Professional Responsibility. He is hereby
SUSPENDED for one (1) year from the practice of law, effective upon his receipt of this
Decision, and is STERNLY WARNED that a repetition of the same or similar acts will
be dealt with more severely.
Let a copy of this Decision be furnished to the O ce of the Bar Con dant, the
Integrated Bar of the Philippines, the Public Information O ce, and the O ce of the
Court Administrator for circulation to all courts. Likewise, a Notice of Suspension shall
be prominently posted in the Supreme Court website as a notice to the general public.
The respondent, upon receipt of this Resolution shall forthwith be suspended
from the practice of law and shall formally manifest to this Court that his suspension
has started. He shall furnish all courts and quasi-judicial bodies where he has entered
his appearance a copy of this manifestation.
SO ORDERED.
Carpio, Del Castillo, Mendoza and Jardeleza, * JJ., concur.
Footnotes
* Designated as Acting Member of the Second Division in lieu of Associate Justice Marvic
M.V.F. Leonen, per Special Order No. 2056 dated June 10, 2015.
1. Rollo, p. 374; issued on December 11, 2008.

2. Id. at 63.
3. Requiring the Registration of Births and Deaths in the Philippines Which Occurred from
January 1, 1974 and Thereafter, Presidential Decree No. 651 (1975).
SECTION 9. Penalty . — Any person required under this decree to report for registration any
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 fact concerning the civil status of persons and who fails to do so, or who
deliberately makes false statements in the birth or death form and
presents the same for registration , or who violates any rule or regulation which
may be issued pursuant to this decree, and any local public health officer who fails
to perform his duties as provided for in this decree, or violates any rule or regulation
which may be issued pursuant to this decree, shall upon conviction, be punished by a
fine of not less than P500.00 nor more than P1,000.00 or imprisonment of not less
than three (3) months nor more than six (6) months, or both, in the discretion of the
court. (Emphasis supplied.)
4. Rollo, p. 65.

5. Id. at 8.
6. Id. at 48-49.
7. Id. at 55-62.
8. Id. at 46-47.

9. Id. at 1-5.
10. Id. at 2.
11. Id.
12. Id. at 3.
13. Id. at 17-22.

14. Id. at 17.

15. Id. at 77.
16. Id. at 226-232.
17. Id. at 229.

18. Id. at 231.

19. Resolution No. XVII-2006-286; id. at 225; issued on May 26, 2006.
20. Resolution No. XVIII-2008-705.
21. Prieto v. Corpus, A.C. No. 6517, December 6, 2006, 510 SCRA 1, 11.
22. Agustin v. Empleo, 519 Phil. 85, 90-91 (2006).

23. Valencia v. Antiniw, A.C. Nos. 1302, 1391, 1543, June 30, 2008, 556 SCRA 503, 514.
24. Yupangco-Nakpil v. Uy , A.C. 9115, September 17, 2014.
25. A.C. No. 1900, June 13, 2012, 672 SCRA 1.

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