Balongata Vs Atty. Castillo and Martija
Balongata Vs Atty. Castillo and Martija
Balongata Vs Atty. Castillo and Martija
176
Sally Bongalota vs Atty. Pablito Castillo and Atty. Alfonso Martija
Babiano
Facts:
Atty. Pablito Castillo and Atty. Alfonso Martija were charged with unjust and
unethical conduct by Sally Bongalota. To wit: representing conflicting
interests and abetting a scheme to frustrate the execution or satisfaction of a
judgement which complainant might obtain.
It was stated in the letter- complaint that when complainant filed with the
RTC of Pasig, for estafa and a civil action against sps. Abuel, Atty. Pablito
Castillo were the counsel for the spouses.
Meanwhile, during the pendency of the said cases, Gregorio Lantin also filed a
civil case with the Pasig RTC also against sps. Abuel.
Alfonso Martija was the counsel of Lantin.
Since the sps. Abuel were in declared in default, a writ of execution was
issued, and the same property previously attached by Sally in the pending
case, was levied upon.
It was also alleged that in all the pleadings filed in those cases, Atty. Pablito
and and atty. Martija placed the same address, the same PTR and the same
IBP receipt number.
The complainant concluded that the civil case filed by Gregorio Lantin was
merely a part of the scheme of the spouses to frustrate the satisfaction of the
money judgement which complainant might obtain in the civil case he filed.
The IBP issued a resolution were Atty. Pablito Castillo be suspended from the
practice of law for a period of 6 months for usinf the IBP receipt no. of Atty.
Martija.
The complaint against Atty. Martija is hereby DISMISSED for lack of
evidence.
RULING: YES.
The Court agrees with the foregoing findings and recommendations. It is well to
stress again that the practice of law is not a right but a privilege bestowed by the
State on those who show that they possess, and continue to possess, the
qualifications required by law for the conferment of such privilege. One of these
requirements is the observance of honesty and candor. Courts are entitled to
expect only complete candor and honesty from the lawyers appearing and
pleading before them. A lawyer, on the other hand, has the fundamental duty to
satisfy that expectation. for this reason, he is required to swear to do no
falsehood, nor consent to the doing of any in court.