A.C. No. 8789. March 11, 2020 (Case Brief / Digest)

### Title: Atty. Honesto Ancheta Cabarroguis v. Atty. Danilo A. Basa

### Facts:

Atty. Honesto Ancheta Cabarroguis filed a disbarment complaint against Atty. Danilo A. Basa for alleged violations of various rules of the Code of Professional Responsibility (CPR). This administrative case stems from an estafa case Atty. Cabarroguis filed on behalf of Godofredo V. Cirineo, Jr. against Erlinda Basa-Cirineo, represented by her brother, Atty. Danilo A. Basa. Atty. Basa was accused of dilatory tactics, further antagonizing Atty. Cabarroguis by filing numerous administrative and legal cases against him and misspelling his name in legal documents. Following the IBP’s investigation, initial recommendation for suspension, and subsequent reversal, Atty. Cabarroguis elevated the matter to the Supreme Court.

### Issues:

1. Whether Atty. Danilo A. Basa violated the Lawyer’s Oath and the CPR’s Canon 1, Rule 1.03; Canon 8, Rule 8.01; Canon 12, Rules 12.02 and 12.04; and Canon 19, Rule 19.01 through his actions against Atty. Honesto A. Cabarroguis related to the estafa case against Erlinda Basa-Cirineo.

### Court’s Decision:

The Supreme Court reversed the IBP-BOG’s findings and reinstated the original recommendation for suspension. The Court determined that Atty. Basa violated the stipulated canons and rules of the CPR by filing baseless suits, mocking Atty. Cabarroguis in legal documents, and causing undue delay in the trial through a motion for inhibition.

Issue-by-Issue Analysis:

– **Misspelling of Name**: Deliberately misspelling Atty. Cabarroguis’ name was identified as unbecoming behavior, mocking a fellow lawyer and disregarding professional courtesy as outlined under Canon 8, Rule 8.01.

– **Filing of Baseless Suits**: Multiple unfounded criminal complaints were filed by Atty. Basa against Atty. Cabarroguis, which the court found to be a violation of Canon 12, Rule 12.02 (filing multiple actions from the same cause) and Canon 19, Rule 19.01 (employing only fair and honest means).

– **Motion for Inhibition and Delay**: Atty. Basa’s motion for inhibition, leading to successive inhibitions by other judges, was seen as a tactic to delay the trial unduly, breaching Canon 12 Rule 12.04 (not to unduly delay a case).

### Doctrine:

The decision emphasized the ethical standards lawyers must uphold, including professional courtesy, integrity in litigation, and the prohibition against engaging in conduct that unduly delays judicial processes or employs dishonest means.

### Class Notes:

– **CPR Violations**: Understand violations under Canons 1, 8, 12, and 19, emphasizing professional conduct, courtesy, fair litigation practices, and efficient administration of justice.

– **Legal Ethics**: The case underscores the importance of lawyers maintaining a high level of ethical behavior, including honesty in filings and respect for colleagues.

– **Doctrine of Professional Conduct**: The decision reiterates the standard that lawyers should not file baseless lawsuits, mock others through official documents, or engage in tactics merely to delay court proceedings.

### Historical Context:

This case illustrates an instance where personal conflicts between lawyers spilled over into professional misconduct, leading to reflection on the broader ethical obligations lawyers have to each other, their clients, and the court system. It reinforces the judiciary’s role in maintaining professional integrity within the legal community.


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