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Saburnido Vs Madrono

This administrative complaint was filed by spouses Venustiano and Rosalia Saburnido against attorney Florante Madrono for allegedly harassing them by filing numerous complaints. Madrono was previously found guilty in three administrative cases filed by the complainants when he was a judge. After his retirement benefits were forfeited, Madrono then filed multiple complaints against the complainants. The Court found that Madrono's actions in filing numerous complaints against the complainants reflected poorly on his fitness to practice law and constituted gross misconduct. While his actions eroded public perception of the legal profession, the Court ruled that suspension, not disbarment, was sufficient discipline for Madrono.

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132 views2 pages

Saburnido Vs Madrono

This administrative complaint was filed by spouses Venustiano and Rosalia Saburnido against attorney Florante Madrono for allegedly harassing them by filing numerous complaints. Madrono was previously found guilty in three administrative cases filed by the complainants when he was a judge. After his retirement benefits were forfeited, Madrono then filed multiple complaints against the complainants. The Court found that Madrono's actions in filing numerous complaints against the complainants reflected poorly on his fitness to practice law and constituted gross misconduct. While his actions eroded public perception of the legal profession, the Court ruled that suspension, not disbarment, was sufficient discipline for Madrono.

Uploaded by

Lu Cas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Saburnido Vs Madrono

Facts:
This is an administrative complaint for disbarment of respondent, Atty. Florante Madrono, file
by spouses Venustiano and Rosalia Saburnido. Complainants allege that respondent has been
harassing them by filing numerous complaints against them, in addition to committing acts of
dishonesty.

Complainant Venustiano Saburnido is a member of the Philippine National Police stationed at


Balingasag, Misamis Oriental, while his wife Rosalia is a public school teacher. Respondent is a
former judge of the Municipal Circuit Trial Court, Balingasag-Lagonglong, Misamis Oriental.

Previous to this administrative case, complainants also filed three administrative cases against
the respondent: (1) A. M. No. MTJ-90-383, charges of grave threats and acts unbecoming a
member of the judiciary against respondent; (2) A.M. No. 92-1-084-RTC, respondent granted
and reduced bail in a criminal case without prior notice to the prosecution; (3) A.M. No. MTJ-
90-486 respondent, in whose court certain confiscated smuggled goods were deposited,
allowed other persons to take the goods but did not issue the corresponding memorandum
receipts. Respondent was found guilty on these charges and his retirement benefits were
forfeited.

After sometime the respondent lawyer then filed numerous complaints against the petitioners,
to which they allege that this is already a form of harassment or a way of getting back to them.

Issue:
Whether or not, the multiple cases file by the respondent lawyer against the petitioners is a
ground for his disbarment?

Ruling:
No. The Court finds that suspension from the practice of law is sufficient to discipline the
respondent.

Rule 7.03. -- A lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he whether in public or private life, behave in a scandalous manner to
the discredit of the legal profession.

Clearly, respondent‘s act of filing multiple complaints against herein complainants reflects on
his fitness to be a member of the legal profession. His act evinces vindictiveness, a decidedly
undesirable trait whether in a lawyer or another individual, as complainants were instrumental
in respondent‘s dismissal from the judiciary. We see in respondent‘s tenacity in pursuing
several cases against complainants not the persistence of one who has been grievously
wronged but the obstinacy of one who is trying to exact revenge.

Respondent‘s action erodes rather than enhances public perception of the legal profession. It
constitutes gross misconduct for which he may be suspended, following Section 27, Rule 138 of
the Rules of Court.

SEC. 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor. -- A


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 is required to take before admission to practice, or for a wilful
disobedience appearing as an attorney for a party to a case without authority so to do.

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