In Malabed v. De la Peña, the Supreme Court addressed serious ethical breaches committed by an attorney, underscoring the importance of upholding the standards of the legal profession. The Court found Atty. Meljohn B. De la Peña guilty of gross misconduct for misrepresenting facts to the court, using offensive language in legal pleadings, and defying a previous order disqualifying him from government employment. This decision serves as a reminder to all lawyers of their duty to maintain integrity, respect the judicial system, and comply with court orders, lest they face disciplinary measures.

Crossing the Line: When an Attorney’s Actions Tarnish the Integrity of the Court

The case of Adelpha E. Malabed v. Atty. Meljohn B. De la Peña stemmed from a series of alleged misconducts committed by the respondent, Atty. De la Peña. The complainant, Adelpha E. Malabed, filed an administrative complaint accusing the respondent of dishonesty and grave misconduct. These accusations included submitting a false certificate to file action, failing to provide copies of essential documents to opposing counsel, engaging in conflict of interest, and defying a prior court order that barred him from reemployment in any government office. The heart of the matter lies in determining whether the respondent’s actions constitute violations of the Code of Professional Responsibility and warrant disciplinary action.

The Supreme Court, in its analysis, addressed each allegation systematically. First, the Court tackled the respondent’s use of foul language in his pleadings. The Court emphasized that while lawyers are expected to defend their clients vigorously, this enthusiasm does not justify the use of offensive and abusive language. According to the Court in Saberon v. Larong:

x x x [W]hile a lawyer is entitled to present his case with vigor and courage, such enthusiasm does not justify the use of offensive and abusive language. Language abounds with countless possibilities for one to be emphatic but respectful, convincing but not derogatory, illuminating but not offensive.

This principle is enshrined in Rule 8.01 of Canon 8 of the Code of Professional Responsibility, which explicitly states that “[a] lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.” Therefore, the respondent’s use of derogatory terms was deemed a violation of this ethical standard.

Building on this principle, the Court then examined the issue of the certificate to file action. The submission of this certificate is a mandatory prerequisite before filing a complaint in court, serving as evidence that the parties have undergone barangay conciliation proceedings as required under Section 412 of Republic Act No. 7160, also known as the Local Government Code of 1991. The complainant alleged that the respondent submitted a certificate that pertained to a different case. The Court discovered that the certificate was issued after the civil case was already filed, which meant that the respondent misrepresented the fact that the matter had gone through the required conciliation process. This act was a clear violation of Canon 10, Rule 10.01, and Rule 10.02 of the Code of Professional Responsibility, which mandates candor, fairness, and good faith to the court.

CANON 10. A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 – 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.

Rule 10.02 – A lawyer shall not knowingly misquote or misrepresent the contents of a paper, x x x.

However, the Court dismissed the allegation that the respondent failed to furnish opposing counsel with a copy of the free patent title, as there was no concrete evidence to prove that the respondent deliberately withheld the document. The Court noted that the complainant could have simply filed a motion with the Court of Appeals to obtain a copy of the title. Moreover, the Court also dismissed the conflict of interest charge, stating that notarization and legal representation are distinct acts, and the complainant failed to present any evidence of conspiracy between the respondent and the judge in the related cases.

The most critical issue, however, was the respondent’s violation of the prohibition on reemployment in government office. The respondent had previously been dismissed from his position as a judge due to partiality, with the accessory penalty of perpetual disqualification from reemployment in any government office. Despite this, the respondent accepted positions as Associate Dean and Professor at a government institution, thereby defying the Court’s explicit order. The Court emphasized that the prohibition applies to both permanent and temporary appointments. Such defiance, according to the Court, constitutes gross misconduct and insubordination. In Santeco v. Avance, the Court held that failure to comply with Court directives constitutes gross misconduct, insubordination or disrespect which merits a lawyer’s suspension or even disbarment.

Considering all the violations, the Court found the respondent guilty of gross misconduct, which is defined as “improper or wrong conduct, the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies a wrongful intent and not a mere error in judgment.” Under Section 27, Rule 138 of the Rules of Court, gross misconduct is a ground for disbarment or suspension from the practice of law.

The Court then increased the IBP’s recommended penalty to suspension from the practice of law for two (2) years. This ruling reinforces the principle that lawyers are expected to uphold the highest standards of ethical conduct and respect the orders of the Court. Failure to do so may result in severe disciplinary actions, including suspension or disbarment.

FAQs

What was the key issue in this case?	The key issue was whether Atty. De la Peña was guilty of dishonesty and grave misconduct for misrepresenting facts to the court, using offensive language, and defying a court order disqualifying him from government employment.
What did the Supreme Court decide?	The Supreme Court found Atty. De la Peña guilty of gross misconduct and suspended him from the practice of law for two years, emphasizing the importance of ethical conduct and compliance with court orders.
What is a certificate to file action?	A certificate to file action is a document that certifies that the parties have undergone barangay conciliation proceedings, as required before filing a complaint in court under the Local Government Code.
Why was using offensive language considered misconduct?	Using offensive language violates Rule 8.01 of the Code of Professional Responsibility, which prohibits lawyers from using abusive, offensive, or improper language in their professional dealings.
What constitutes gross misconduct for a lawyer?	Gross misconduct is improper or wrong conduct that involves the transgression of established rules, dereliction of duty, and willful intent, rather than mere error in judgment.
What is the penalty for gross misconduct?	Under Section 27, Rule 138 of the Rules of Court, gross misconduct can result in disbarment or suspension from the practice of law.
What was the significance of the prior court order?	The prior court order disqualified Atty. De la Peña from reemployment in any government office, and his acceptance of positions in a government institution was a direct violation of that order.
Did the Court find a conflict of interest in this case?	No, the Court dismissed the conflict of interest charge, stating that notarization and legal representation are distinct acts, and the complainant failed to provide evidence of conspiracy between the respondent and the judge.

The Supreme Court’s decision in Malabed v. De la Peña serves as a stern reminder of the ethical responsibilities of lawyers and the serious consequences of misconduct. By suspending Atty. De la Peña, the Court reaffirmed its commitment to maintaining the integrity of the legal profession and ensuring that lawyers adhere to the highest standards of conduct.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ADELPHA E. MALABED VS. ATTY. MELJOHN B. DE LA PEÑA, A.C. No. 7594, February 09, 2016