FIRST DIVISION
PEDRO L. LINSANGAN, A.C. No. 6672
Complainant,
Present:
PUNO, C.J., Chairperson,
CARPIO,
- v e r s u s - CORONA,
LEONARDO-DE CASTRO and
BERSAMIN, JJ.
ATTY. NICOMEDES TOLENTINO,
Respondent. Promulgated:
September 4, 2009
x-----------------------------------------x
RESOLUTION
CORONA, J.:
This is a complaint for disbarment [1] filed by Pedro Linsangan of the
Linsangan Linsangan & Linsangan Law Office against Atty.
Nicomedes Tolentino for solicitation of clients and encroachment of
professional services.
Complainant alleged that respondent, with the help of paralegal Fe
Marie Labiano, convinced his clients [2] to transfer legal
representation. Respondent promised them financial
assistance[3] and expeditious collection on their claims.[4] To induce
them to hire his services, he persistently called them and sent them
text messages.
To support his allegations, complainant presented the sworn
affidavit[5] of James Gregorio attesting that Labiano tried to prevail
upon him to sever his lawyer-client relations with complainant and
utilize respondents services instead, in exchange for a loan
of P50,000. Complainant also attached respondents calling card: [6]
Front
NICOMEDES TOLENTINO
LAW OFFFICE
CONSULTANCY & MARITIME SERVICES
W/ FINANCIAL ASSISTANCE
Fe Marie L. Labiano
Paralegal
1st MIJI Mansion, 2nd Flr. Rm. M-01 Tel: 362-7820
6th Ave., cor M.H. Del Pilar Fax: (632) 362-7821
Grace Park, Caloocan City Cel.: (0926) 2701719
Back
SERVICES OFFERED:
CONSULTATION AND ASSISTANCE
TO OVERSEAS SEAMEN
REPATRIATED DUE TO ACCIDENT,
INJURY, ILLNESS, SICKNESS, DEATH
AND INSURANCE BENEFIT CLAIMS
ABROAD.
(emphasis supplied)
Hence, this complaint.
Respondent, in his defense, denied knowing Labiano and
authorizing the printing and circulation of the said calling card. [7]
The complaint was referred to the Commission on Bar Discipline
(CBD) of the Integrated Bar of the Philippines (IBP) for investigation,
report and recommendation.[8]
Based on testimonial and documentary evidence, the CBD, in its
report and recommendation, [9] found that respondent had
encroached on the professional practice of complainant, violating
Rule 8.02[10] and other canons[11] of the Code of Professional
Responsibility (CPR). Moreover, he contravened the rule against
soliciting cases for gain, personally or through paid agents or
brokers as stated in Section 27, Rule 138 [12] of the Rules of Court.
Hence, the CBD recommended that respondent be reprimanded
with a stern warning that any repetition would merit a heavier
penalty.
We adopt the findings of the IBP on the unethical conduct of
respondent but we modify the recommended penalty.
The complaint before us is rooted on the alleged intrusion by
respondent into complainants professional practice in violation of
Rule 8.02 of the CPR. And the means employed by respondent in
furtherance of the said misconduct themselves constituted distinct
violations of ethical rules.
Canons of the CPR are rules of conduct all lawyers must adhere to,
including the manner by which a lawyers services are to be made
known. Thus, Canon 3 of the CPR provides:
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT
OF FACTS.
Time and time again, lawyers are reminded that the practice of law
is a profession and not a business; lawyers should not advertise
their talents as merchants advertise their wares. [13] To allow a
lawyer to advertise his talent or skill is to commercialize the
practice of law, degrade the profession in the publics estimation
and impair its ability to efficiently render that high character of
service to which every member of the bar is called. [14]
Rule 2.03 of the CPR provides:
RULE 2.03. A LAWYER SHALL NOT DO OR PERMIT TO BE
DONE ANY ACT DESIGNED PRIMARILY TO SOLICIT LEGAL
BUSINESS.
Hence, lawyers are prohibited from soliciting cases for the purpose
of gain, either personally or through paid agents or brokers. [15] Such
actuation constitutes malpractice, a ground for disbarment. [16]
Rule 2.03 should be read in connection with Rule 1.03 of the
CPR which provides:
RULE 1.03. A LAWYER SHALL NOT, FOR ANY CORRUPT
MOTIVE OR INTEREST, ENCOURAGE ANY SUIT OR
PROCEEDING OR DELAY ANY MANS CAUSE.
This rule proscribes ambulance chasing (the solicitation of almost
any kind of legal business by an attorney, personally or through an
agent in order to gain employment) [17] as a measure to protect the
community from barratry and champerty.[18]
Complainant presented substantial evidence [19] (consisting of the
sworn statements of the very same persons coaxed by Labiano and
referred to respondents office) to prove that respondent indeed
solicited legal business as well as profited from referrals suits.
Although respondent initially denied knowing Labiano in his
answer, he later admitted it during the mandatory hearing.
Through Labianos actions, respondents law practice was
benefited. Hapless seamen were enticed to transfer representation
on the strength of Labianos word that respondent could produce a
more favorable result.
Based on the foregoing, respondent clearly solicited employment
violating Rule 2.03, and Rule 1.03 and Canon 3 of the CPR and
Section 27, Rule 138 of the Rules of Court.
With regard to respondents violation of Rule 8.02 of the CPR,
settled is the rule that a lawyer should not steal another lawyers
client nor induce the latter to retain him by a promise of better
service, good result or reduced fees for his services. [20] Again the
Court notes that respondent never denied having these seafarers in
his client list nor receiving benefits from Labianos referrals.
Furthermore, he never denied Labianos connection to his office.
[21]
Respondent committed an unethical, predatory overstep into
anothers legal practice. He cannot escape liability under Rule 8.02
of the CPR.
Moreover, by engaging in a money-lending venture with his clients
as borrowers, respondent violated Rule 16.04:
Rule 16.04 A lawyer shall not borrow money from his client unless the
clients interests are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend money to a client
except, when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client.
The rule is that a lawyer shall not lend money to his
client. The only exception is, when in the interest of justice, he has
to advance necessary expenses (such as filing fees, stenographers
fees for transcript of stenographic notes, cash bond or premium for
surety bond, etc.) for a matter that he is handling for the client.
The rule is intended to safeguard the lawyers independence of
mind so that the free exercise of his judgment may not be adversely
affected.[22] It seeks to ensure his undivided attention to the case he
is handling as well as his entire devotion and fidelity to the clients
cause. If the lawyer lends money to the client in connection with the
clients case, the lawyer in effect acquires an interest in the subject
matter of the case or an additional stake in its outcome. [23] Either of
these circumstances may lead the lawyer to consider his own
recovery rather than that of his client, or to accept a settlement
which may take care of his interest in the verdict to the prejudice of
the client in violation of his duty of undivided fidelity to the clients
cause.[24]
As previously mentioned, any act of solicitation constitutes
malpractice[25] which calls for the exercise of the Courts disciplinary
powers. Violation of anti-solicitation statutes warrants serious
sanctions for initiating contact with a prospective client for the
purpose of obtaining employment.[26] Thus, in this jurisdiction, we
adhere to the rule to protect the public from the Machiavellian
machinations of unscrupulous lawyers and to uphold the nobility of
the legal profession.
Considering the myriad infractions of respondent (including
violation of the prohibition on lending money to clients), the
sanction recommended by the IBP, a mere reprimand, is a wimpy
slap on the wrist. The proposed penalty is grossly incommensurate
to its findings.
A final word regarding the calling card presented in evidence by
petitioner. A lawyers best advertisement is a well-merited reputation
for professional capacity and fidelity to trust based on his character
and conduct.[27] For this reason, lawyers are only allowed to
announce their services by publication in reputable law lists or use
of simple professional cards.
Professional calling cards may only contain the following details:
(a) lawyers name;
(b) name of the law firm with which he is connected;
(c) address;
(d) telephone number and
(e) special branch of law practiced.[28]
Labianos calling card contained the phrase with financial
assistance. The phrase was clearly used to entice clients (who
already had representation) to change counsels with a promise of
loans to finance their legal actions. Money was dangled to lure
clients away from their original lawyers, thereby taking advantage of
their financial distress and emotional vulnerability. This crass
commercialism degraded the integrity of the bar and deserved no
place in the legal profession. However, in the absence of substantial
evidence to prove his culpability, the Court is not prepared to rule
that respondent was personally and directly responsible for the
printing and distribution of Labianos calling cards.
WHEREFORE, respondent Atty. Nicomedes Tolentino for violating
Rules 1.03, 2.03, 8.02 and 16.04 and Canon 3 of the Code of
Professional Responsibility and Section 27, Rule 138 of the Rules of
Court is hereby SUSPENDED from the practice of law for a
period of one year effective immediately from receipt of this
resolution. He is STERNLY WARNED that a repetition of the same
or similar acts in the future shall be dealt with more severely.
Let a copy of this Resolution be made part of his records in the
Office of the Bar Confidant, Supreme Court of the Philippines, and
be furnished to the Integrated Bar of the Philippines and the Office
of the Court Administrator to be circulated to all courts.
SO ORDERED.
