The Supreme Court’s decision in Victor D. De Los Santos II v. Atty. Nestor C. Barbosa underscores the critical duty of lawyers to act with honesty and integrity in all dealings with the court. The Court found Atty. Barbosa guilty of obstructing justice and misleading the court by attempting to suppress evidence and misrepresenting facts in a criminal case involving his client. This ruling reinforces the principle that lawyers, as officers of the court, must prioritize the administration of justice over zealous advocacy, ensuring fairness and transparency in legal proceedings. The decision serves as a reminder that ethical violations can lead to serious disciplinary actions, including suspension from the practice of law.

Manipulating Facts and Delaying Justice: When a Lawyer’s Actions Cross the Line

This case revolves around a complaint filed by Victor D. De Los Santos II against Atty. Nestor C. Barbosa, accusing the latter of obstructing justice and violating the Code of Professional Responsibility. The charges stem from Atty. Barbosa’s actions while representing Rosie P. Canaco in a criminal case for falsification of a public document. The core issue is whether Atty. Barbosa’s actions, specifically sending letters to prevent the release of a birth certificate and misrepresenting the identity of his client’s son, constituted unethical and unlawful conduct. This analysis delves into the facts of the case, the legal principles involved, and the Supreme Court’s reasoning in holding Atty. Barbosa accountable for his actions.

The seeds of this legal battle were sown when Melba D. De Los Santos Rodis filed a complaint against her father, Ricardo D. De Los Santos, Sr., and Rosie P. Canaco, alleging that Canaco had falsified the birth certificate of her son, Victor Canaco De Los Santos. Canaco falsely stated that she was married to De Los Santos, Sr., when no such marriage had occurred. Consequently, an Information was filed against Canaco for violation of Presidential Decree No. 651, specifically for making false statements in the Certificate of Live Birth of her son, Victor P. Delos Santos. The case was then docketed as Criminal Case No. 111152 and assigned to the Metropolitan Trial Court (MeTC), Branch 43 of Quezon City.

During the preliminary conference, Atty. Barbosa, representing Canaco, objected to the prosecution’s presentation of a photocopy of Victor Canaco Delos Santos’s birth record. As a result, the MeTC ordered a reset of the preliminary conference to allow the prosecution to obtain a certified true copy of the birth certificate. This seemingly procedural objection was followed by a series of actions that raised serious ethical concerns. On May 25, 2004, Atty. Barbosa sent letters to various offices, including the Office of the Civil Registrar of Quezon City, the National Census and Statistics Office, and St. Luke’s Hospital. The letters, ostensibly aimed at protecting his client’s privacy, contained language that appeared to obstruct the issuance of a certified true copy of the birth certificate. 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 Certificate of Live Birth above indicated which refers to one certain VICTOR CANACO DE LOS SANTOS. In this connection, please be guided by provisions 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 verification 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

The MeTC noted that the prosecution was unable to secure the certified true copy of the birth certificate due to Atty. Barbosa’s letters. Consequently, the court issued a subpoena duces tecum/ad testificandum, ordering the Civil Registrar of Quezon City to produce the document. Atty. Barbosa then filed a motion for reconsideration, which the MeTC denied. In response, Victor D. De Los Santos II filed a complaint with the prosecutor, accusing Atty. Barbosa of obstruction of justice. The prosecutor, however, dismissed the complaint for insufficiency of evidence. Undeterred, De Los Santos II filed a Petition for Disbarment with the Supreme Court, alleging multiple gross violations of Atty. Barbosa’s oath as a lawyer and the Canons of Professional Ethics.

The complainant argued that Atty. Barbosa’s actions were intended to delay and obstruct the prosecution of Canaco and that the letters were not justified by any tenable defense. He further contended that Atty. Barbosa’s actions constituted multiple gross violations of his oath as a lawyer, the Canons of Professional Ethics, and his duties as an attorney under the Rules of Court. In his defense, Atty. Barbosa claimed that the complainant was a disgruntled litigant and that the case was a violation of the rule on forum shopping. He also argued that the name of Canaco’s son was VICTOR C. DE LOS SANTOS, not VICTOR P. DE LOS SANTOS, as stated in the Information, implying a lack of intent to obstruct justice. This argument hinged on a subtle difference in the middle initial of the client’s son.

The IBP Commissioner found Atty. Barbosa administratively liable for violating his oath as a lawyer and the Code of Professional Responsibility. The Commissioner opined that Atty. Barbosa’s actions were a calculated ploy to delay the prosecution of the case and that he had deliberately misled the MeTC and the Supreme Court. The IBP Commissioner recommended that Atty. Barbosa be suspended from the practice of law for one year. The IBP Board of Governors (BOG) adopted and approved the Report and Recommendation of the IBP Commissioner but modified the recommended penalty to a six-month suspension. Atty. Barbosa moved for reconsideration, and the BOG further modified the suspension to three months.

The Supreme Court ultimately approved the findings of the IBP Commission and the IBP Board of Governors but modified the penalty, increasing the suspension from the practice of law to one year. The Court emphasized that lawyers must uphold the Constitution, obey the laws of the land, and promote respect for the law and legal processes. Rule 1.01 of Canon 1 of the Code of Professional Responsibility explicitly states that a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.

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.”

The Court found that Atty. Barbosa’s actions were a clear violation of these principles. His letters to various offices obstructed the prosecution’s ability to obtain a certified true copy of the birth certificate, thereby delaying the proceedings. Furthermore, the Court held that Atty. Barbosa had deliberately misled the MeTC, the Commission, and the Court itself by claiming that Victor Canaco De Los Santos and Victor P. De Los Santos were different persons. The Court deemed the difference in the middle initial a mere typographical error and found that Atty. Barbosa’s attempt to exploit this error was a breach of his duty of candor and fairness to the court. The Supreme Court underscored that a lawyer’s duty to the administration of justice supersedes their duty to their client.

A lawyer’s first duty is not to his client but to the administration of justice.

The Court contrasted the case with Molina v. Magat, where a lawyer was suspended for six months for making false statements in a pleading. The Supreme Court noted that Atty. Barbosa’s ethical breaches were more egregious, involving defiance of a lawful court order and misleading the court. The Court concluded that the appropriate penalty was a one-year suspension from the practice of law. The decision serves as a potent reminder of the ethical responsibilities of lawyers and the consequences of failing to uphold those responsibilities.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Barbosa’s actions, including sending letters to obstruct the release of a birth certificate and misrepresenting the identity of his client’s son, constituted unethical and unlawful conduct in violation of the Code of Professional Responsibility.
What specific actions did Atty. Barbosa take that were considered unethical?	Atty. Barbosa sent letters to the Office of the Civil Registrar, the National Census and Statistics Office, and St. Luke’s Hospital to prevent the prosecution from obtaining a certified true copy of a birth certificate. He also misrepresented to the court that his client’s son was a different person than the one named in the Information.
What is Presidential Decree No. 651, which was relevant to the underlying criminal case?	Presidential Decree No. 651 requires the registration of births and deaths in the Philippines and penalizes those who deliberately make false statements in birth or death forms. In this case, the decree was relevant because Rosie P. Canaco was accused of making false statements on her son’s birth certificate.
What is the significance of Canon 1, Rule 1.01 of the Code of Professional Responsibility?	Canon 1, Rule 1.01 states that a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct. This rule is significant because it sets a high standard for ethical behavior among lawyers and underscores their duty to uphold the law.
How did the IBP initially rule on the complaint against Atty. Barbosa?	The IBP initially recommended a one-year suspension, which was later reduced to six months, and then to three months by the IBP Board of Governors. The Supreme Court ultimately increased the suspension back to one year.
Why did the Supreme Court increase the penalty to a one-year suspension?	The Supreme Court increased the penalty because it found Atty. Barbosa’s ethical breaches to be particularly egregious, involving both defiance of a lawful court order and misleading the court, which constituted a gross violation of his oath as a lawyer and the Code of Professional Responsibility.
What is the duty of candor and fairness that lawyers owe to the court?	The duty of candor and fairness requires lawyers to be honest and transparent in their dealings with the court. Lawyers must not make false statements, conceal material facts, or mislead the court in any way.
What is the main takeaway from this case for practicing lawyers in the Philippines?	The main takeaway is that lawyers must prioritize their duty to the administration of justice over their duty to their clients. They must act with honesty, integrity, and transparency in all their dealings with the court and must not engage in any conduct that obstructs justice or misleads the court.

The Supreme Court’s decision in De Los Santos II v. Barbosa serves as a critical reminder to all members of the Philippine Bar of their paramount duty to uphold the integrity of the legal profession and the administration of justice. Lawyers must always act with honesty, candor, and fairness in their dealings with the court and must avoid any conduct that could obstruct justice or mislead the court. The consequences of failing to meet these ethical standards can be severe, including suspension from the practice of law.

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: VICTOR D. DE LOS SANTOS II vs. ATTY. NESTOR C. BARBOSA, A.C. No. 6681, June 17, 2015