The Supreme Court addressed a disbarment complaint against Atty. Alejandro Jose C. Pallugna for violating the Rules of Criminal Procedure and the Rules on Notarial Practice. The Court found Atty. Pallugna guilty of overstepping his authority during the implementation of a search warrant by instructing police officers to seize items not listed in the warrant and for notarizing a document involving his brother, violating notarial rules. While Atty. Pallugna was previously disbarred in another case, the Court imposed a fine of PHP 50,000.00, which will be recorded in his file with the Office of the Bar Confidant and considered should he apply for reinstatement. This decision underscores the high ethical standards required of lawyers and the consequences for abusing their authority and violating established legal practices.

When Advocacy Crosses the Line: Balancing Client Interests and Legal Ethics

This case began with a complaint filed by Melissa Angela C. Fernando against Atty. Alejandro Jose C. Pallugna, alleging misconduct related to his actions during the implementation of a search warrant and his violation of notarial rules. The central legal question revolves around whether Atty. Pallugna abused his position as a lawyer and notary public, thereby violating the ethical standards of the legal profession.

The complaint stemmed from an incident on October 28, 2011, when police officers implemented Search Warrant No. 2011-002 at the office of Sprintcruisers Advertising Solutions. Atty. Pallugna, representing the complainant in the case related to the search warrant, was present during the operation. Fernando alleged that Atty. Pallugna instructed the police officers to confiscate cellular phones of individuals present, even though these were not listed in the warrant. She further claimed that Atty. Pallugna threatened those who refused to surrender their phones with arrest. The heart of the issue lies in whether Atty. Pallugna acted within the bounds of the law and professional ethics or overstepped his authority to the detriment of those affected by the search warrant.

Further compounding the matter was the allegation that Atty. Pallugna violated the 2004 Rules on Notarial Practice. Specifically, he notarized a secretary’s certificate executed by his brother, Glenn Pallugna. This raised concerns about potential conflicts of interest and breaches of notarial duties. Section 3(c), Rule IV of the 2004 Rules on Notarial Practice clearly states the disqualification:

SEC. 3. Disqualifications. – A notary public is disqualified from performing a notarial act if he:

….

(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree.

Atty. Pallugna defended his actions by arguing that he merely pointed out the confiscation of cellular phones for safety considerations and that his brother was acting on behalf of a corporation, not in his individual capacity, when he notarized the secretary’s certificate. However, the Supreme Court found these defenses unconvincing, emphasizing that a lawyer’s duty is to the administration of justice and that their conduct must always adhere to the law and ethics. This principle is underscored by Canon 1 of the Code of Professional Responsibility (CPR), which requires lawyers to uphold the Constitution and obey the laws, and Canon 19, which mandates zealous representation within legal bounds.

The Court highlighted Atty. Pallugna’s admission that his “observation” led to the confiscation of cellphones, items not included in the search warrant. The Court found no basis to support Atty. Pallugna’s claim that he recommended the seizure for the safety of police officers. The Court emphasized that a lawyer’s duty is not to his client above all else, but to the administration of justice, and must always adhere to the law and ethics. The case serves as a reminder that legal professionals must maintain a high standard of conduct and ensure their actions align with the law and the ethical responsibilities of the legal profession.

Regarding the violation of notarial rules, the Court dismissed Atty. Pallugna’s argument that his brother was acting on behalf of a corporation when the document was notarized. It emphasized that Section 2, Rule II of the 2004 Rules on Notarial Practice defines the term “principal” as the person appearing before the notary public whose act is the subject of notarization. Since Glenn Pallugna personally appeared before Atty. Pallugna, his act as corporate secretary was the subject of notarization. Thus, Atty. Pallugna’s act of notarizing the certificate was a clear violation.

Several cases provide guidance on the appropriate penalties for similar violations. In Ramirez v. Serrano, a lawyer was suspended for three months for violating the Lawyer’s Oath and Canons 1 and 19 of the Code of Professional Responsibility. In Sanchez v. Inton, a lawyer who violated the Notarial Rules was suspended for one year. Considering Atty. Pallugna’s prior suspension in Ramos v. Pallugna, the Court deemed a longer suspension appropriate. While Pallugna had already been disbarred in Philippine Island Kids International Foundation, Inc. (PIKFI) v. Pallugna, the Court imposed a fine of PHP 50,000.00. This fine will be recorded in his personal file with the Office of the Bar Confidant (OBC) and considered should he apply for reinstatement.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Pallugna violated the Rules of Criminal Procedure and the Rules on Notarial Practice through his actions during the implementation of a search warrant and the notarization of a document involving his brother.
What specific actions did Atty. Pallugna take that were questioned?	Atty. Pallugna instructed police officers to seize cellular phones during a search, even though they were not listed in the warrant. He also notarized a secretary’s certificate executed by his brother, violating notarial rules.
What is the significance of Canon 1 of the Code of Professional Responsibility in this case?	Canon 1 requires lawyers to uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes. Atty. Pallugna’s actions were deemed to be a violation of this canon.
How did the Court define ‘principal’ in relation to the notarial rules violation?	The Court cited Section 2, Rule II of the 2004 Rules on Notarial Practice, defining ‘principal’ as the person appearing before the notary public whose act is the subject of notarization. This clarified that Atty. Pallugna’s brother was the principal in the notarization.
What was the penalty imposed on Atty. Pallugna in this case?	Although Atty. Pallugna had already been disbarred in a separate case, the Court imposed a fine of PHP 50,000.00, which will be recorded in his file with the Office of the Bar Confidant (OBC).
Why was a fine imposed even though Atty. Pallugna was already disbarred?	The Court imposed the fine to assert its authority to discipline all acts committed by members of the legal profession, even after disbarment. The fine will also be considered if Atty. Pallugna applies for the lifting of his disbarment.
What is the importance of maintaining ethical standards for lawyers, as highlighted in this case?	This case emphasizes the importance of lawyers upholding their duty to the administration of justice and adhering to the law and ethical responsibilities of the legal profession. It underscores that lawyers must act within legal bounds and avoid abusing their authority.
Can a disbarred lawyer ever be reinstated to the legal profession?	Yes, a disbarred lawyer can petition for the lifting of their disbarment. The penalties and findings in cases like this one will be taken into consideration during that process.

This case reinforces the importance of upholding ethical standards in the legal profession. The Supreme Court’s decision serves as a stern reminder to lawyers that they must act within the bounds of the law and adhere to the ethical responsibilities of the profession. The penalties imposed, even on a disbarred lawyer, underscore the Court’s commitment to maintaining the integrity of the legal system.

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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: MELISSA ANGELA C. FERNANDO, COMPLAINANT, VS. ATTY. ALEJANDRO JOSE C. PALLUGNA, RESPONDENT., 68897