Tuesday, February 21, 2012

Fabroa vs. Paguinto [A.C. No. 6273, March 15, 2010]

Facts: Complainant, Atty. Iluminada M. Vaflor-Fabroa, who was Chairperson of the General Mariano Alvarez Service Cooperative, Inc. (GEMASCO), was removed as a member of the Board of Directors (the Board) and thereafter, respondent, Oscar Paguinto and his group took over the GEMASCO office and its premises, the pumphouses, water facilities, and operations. Complainant thus filed a complaint for annulment of the proceedings of her removal as well as other members of the Board and a complaint against respondent for disbarment alleging that respondent had violated the Code of Professional Responsibility, particularly, among others, Canon 10 – A lawyer owes candor, fairness and good faith to the court, when having ordered to submit position papers and despite grant, on his motion, of extension of time, did not file any position paper and further ignored the Court’s subsequent show cause order. Moreover, respondent caused the filing of baseless criminal complaints against complainant. 

Issue: Whether or not respondent’s acts constitute a violation of the provisions of the Code of Professional Responsibility, particularly, Canon 10. 

Held: Yes, lawyers are called upon to obey court orders and processes and respondent’s deference is underscored by the fact that willful disregard thereof will subject the lawyer not only to punishment for contempt but to disciplinary sanctions as well. In fact, graver responsibility is imposed upon a lawyer than any other to uphold the integrity of the courts and to show respect to their processes. The Court further noted that respondent had previously been suspended from the practice of law for violation of the Code of Professional Responsibility, however, that respondent has not reformed his ways. Hence, a more severe penalty is thus called for, respondent was subjected to suspension for two years. 


Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Fabroa vs. Paguinto [A.C. No. 6273, March 15, 2010]"

Post a Comment