OCA CIRCULARS NO. 55-2002, September 24, 2002

For the information and guidance of all concerned,
quoted hereunder is the decision of the Third Division of the Supreme
Court in Administrative Case No. 4346 entitled “Erlinda Abragan, et al.,
vs. Atty. Maximo G. Redriguez” dated 3 April 2002, to wit:

xxx

In the present case, respondent clearly violated
Rule 15.03 of Canon 15 of the Code of Professional Responsibility, which
provides that a lawyer shall not represent conflicting interest except
by written consent of all concerned given full disclosure of facts.

xxx

In the case at bar, petitioners were the same
complainants in the indirect contempt case and in the Complaint for
forcible entry in Civil Case No 11204.^[10]
Respondent should have evaluated the situation first before agreeing to
be counsel for the defendants in the indirect contempt proceedings.
Attorneys owe undivided allegiance to their clients, and should at all
times weigh their actions, especially in their dealings with the latter
and the public at large. They must conduct themselves beyond reproach at
all times.

The Court will not tolerate any departure from the “straight and narrow” path demanded by the ethics of the legal profession.

xxx

Because of his divided allegiance, respondent has
eroded, rather than enhanced, the public perception of the legal
profession. His divided loyalty constitutes malpractice for which he may
be suspended, following Section 27 Rule 138 of the Rules of Court,
which provides:

“SEC. 27. Disbarment or suspension of Attorneys by
Supreme Court, grounds therefor. – Any member of the bar may be
disbarred or suspended from his office as attorney by. the Supreme Court
for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime
involving moral turpitude, or for any violation of the oath which he
required to take before admission to practice, or for a willful
disobedience appearing as an attorney for a party to a case without
authority so to do. xxx.”

xxx

A survey of cases involving conflicting interests
on the part of counsel reveals that the Court has imposed on erring
attorneys either a reprimand, or a suspension from the practice of law
from five (5) months to as high as two (2) years.14
WHEREFORE, Maximo G. Rodriguez is found guilty of violating Rule
15.03 of Canon 15 of the Code of Professional Responsibility and is
hereby SUSPENDED for six (6) months from the practice of law, effective
upon his receipt of this Decision. He is warned that a repetition of the
same or similar acts will be dealt with more severely.”

Copy of the decision was received by Atty. Rodriguez on 29 April 2002 as per Registry Return Receipt. No. 34572.

24 September 2002