Lawyer files baseless suits; suspended.

In the case of ATTY. ILUMINADA M. VAFLOR-FABROA vs. ATTY. OSCAR PAGUINTO, En Banc, A.C. No. 6273, March 15, 2010, respondent lawyer was SUSPENDED for two years from the practice of law for violation of Canons 1, 8, 10, and Rule 12.03 of the Code of Professional Responsibility and the Lawyer’s Oath. The Court noted that respondent had previously been suspended from the practice of law for six months for violation of the Code of Professional Responsibility, he having been found to have received an acceptance fee and misled the client into believing that he had filed a case for her when he had not. It appeared, however, that respondent has not reformed his ways. A more severe penalty this time is thus called for. Thus:


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The Court finds that by conniving with Gerangco in taking over the Board of Directors and the GEMASCO facilities, respondent violated the provisions of the Cooperative Code of the Philippines and the GEMASCO By-Laws. He also violated the Lawyer’s Oath, which provides that a lawyer shall support the Constitution and obey the laws.

When respondent caused the filing of baseless criminal complaints against complainant, he violated the Lawyer’s Oath that a lawyer shall “not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid or consent to the same.”

When, after obtaining an extension of time to file comment on the complaint, respondent failed to file any and ignored this Court’s subsequent show cause order, he violated Rule 12.03 of the Code of Professional Responsibility, which states that “A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.” Sebastian v. Bajar teaches:

x x x Respondent’s cavalier attitude in repeatedly ignoring the orders of the Supreme Court constitutes utter disrespect to the judicial institution. Respondent’s conduct indicates a high degree of irresponsibility. A Court’s Resolution is “not to be construed as a mere request, nor should it be complied with partially, inadequately, or selectively”. Respondent’s obstinate refusal to comply with the Court’s orders “not only betrays a recalcitrant flaw in her character; it also underscores her disrespect of the Court’s lawful orders which is only too deserving of reproof.

Lawyers are called upon to obey court orders and processes and respondent’s deference is underscored by the fact that willful disregard thereof will subject the lawyer not only to punishment for contempt but to disciplinary sanctions as well. In fact, graver responsibility is imposed upon a lawyer than any other to uphold the integrity of the courts and to show respect to their processes. (Citations omitted).

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