"As can be gleaned from the above excerpts, however, and as duly pointed out by Atty. Tadena, Afable made no declaration as to the alleged intimidation and participation of Atty. Tadena in the forceful opening of the condominium unit. In fact, nowhere in the aforequoted police reports, made on two (2) separate days, was Atty. Tadena's name even stated. In both accounts, Afable merely identified Dr. Leo Ortega as the perpetrator of the break-in, with the help of his man." He even mentioned the names of Teddy, Sally Ortega, and Maribel, as those who accompanied Dr. Leo Ortega inside the subject premises. But again, he made no statement as to the participation, if any, of Atty. Tadena therein. As such, the Court finds it rather difficult to reasonably admit as true Afable's allegations in his affidavit on Atty. Tadena's alleged indiscretions of threats and breaking into private property. If, indeed, Atty. Tadena scolded Afable and forcefully opened Zenaida's unit, he should have, at least, mentioned her name in the police reports he made on two separate days - on the day of the alleged incident on December 7, 2011 and on the day Zenaida arrived from Davao City on December 21, 2011 - and not merely on the Affidavit19 he executed on January 25, 2012, almost two (2) months after the event.
Thus, while we have, in the past, suspended lawyers who wrongfully asserted their clients' rights outside the bounds of the law,20 we cannot do so if the allegations against them are not satisfactorily proven by the complainants. Time and again, the Court has ruled that in administrative proceedings, complainants bear the burden of proving the allegations in their complaints by substantial evidence21 or that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion.22 In the present case, it cannot be denied that complainant Zenaida failed to discharge that burden. As previously discussed, her bodyguard and witness curiously failed to declare Atty. Tadena's alleged misconduct in his police reports. Neither did he explain the reason for his omission. Apart from this, what cast more doubt on Zenaida's claims are the photographs she presented, supposedly showing Atty. Tadena in the act of breaking into her condominium unit.23 But these photographs are, at best, mere abstract illustrations that are extremely blurred. There is, therefore, an undeniable uncertainty surrounding the issues of whether Atty. Tadena, indeed, threatened Zenaida's bodyguard and whether she actually participated in the forceful opening of the subject condominium unit.
The Court is, however, one with the finding of the Investigating Commissioner that Atty. Tadena must, nonetheless, be admonished with warning that a repetition of the same acts will be dealt with more severely. What have been established by the records are the facts that Leonardo has been living separately from Zenaida since January 2011 and that he has, in fact, filed a petition for declaration of nullity of marriage in November 2011. These show that the parties have already submitted to the jurisdiction of the court where the petition was pending. Verily, said court had jurisdiction to consider and rule upon the property relations of the spouses which necessarily include the subject condominium unit. All questions, therefore, pertaining to the administration, possession, and ownership thereof had to be addressed before said court by way of filing a pleading and/or arguing before the judge and certainly not before the building administrator, police officer, or personal bodyguard in a condominium lobby. Accordingly, while it cannot be ruled with certainty that Atty. Tadena truly engaged in threats, intimidation, and the forcible entry into the subject property, the Court agrees with the Investigating Commissioner when he held that at the very least, Atty. Tadena could have advised her client to file and make the proper representation before the court, instead of surreptitiously entering the premises.24
Indeed, while a lawyer owes fidelity to the cause of his client, it should not be at the expense of truth and the administration of justice. Under the Code of Professional Responsibility, a lawyer has the duty to assist in the speedy and efficient administration of justice, and is enjoined from unduly delaying a case by impeding execution of a judgment or by misusing court processes. While lawyers owe their entire devotion to the interest of their clients and zeal in the defense of their client's right, they should not forget that they are, first and foremost, officers of the court, bound to exert every effort to assist in the speedy and efficient administration of justice. Their office does not permit violation of the law or any manner of fraud or chicanery. A lawyer's responsibility to protect and advance the interests of his client does not warrant a course of action propelled by ill motives and malicious intentions against the other party. Mandated to maintain the dignity of the legal profession, they must conduct themselves honorably and fairly. They advance the honor of their profession and the best interests of their clients when they render service or give advice that meets the strictest principles of moral law.25
In response to the Show Cause Resolution,26 dated March 25, 2019, against Attys. Tadena, Reginaldo and Cariaga requiring them to explain why they should not be held administratively liable for an apparent collusion, Atty. Tadena reiterated that the charge of collusion, that is prohibited by law, must relate to the grounds of annulment that the parties agree to use in the petition for nullity of marriage. But the subject e-mail communication between her and the counsels involved cannot constitute collusion because it was merely about a split of legal expenses duly allowed under the law. Atty. Tadena went on to add that the annulment case they filed, which has now attained finality, was duly approved by the Public Prosecutor to have no collusion and had, subsequently, gone through the rigorous trial in the RTC of Pasay City. Hence, she insists that she cannot be held administratively liable for collusion.27 The same arguments were interposed by Atty. Reginaldo in his response,28 while Atty. Cariaga has yet to comply with the Show Cause Resolution.
WHEREFORE, the Court ADOPTS and APPROVES the Resolution of the Board of Governors of the Integrated Bar of the Philippines dated May 27, 2017. Thus, Atty. Angelyn A. Tadena is hereby ADMONISHED with a STERN WARNING that a repetition of the same or equivalent acts shall be dealt with more severely in the future.
Further, the Office of the Bar Confidant is DIRECTED to INITIATE administrative proceedings against Atty. Angelyn A. Tadena, Atty. Eric Reginaldo and Atty. Neil F. Cariaga for their apparent collusion in the filing of the petition for annulment of marriage of spouses Leonardo Ortega, Jr. and Zenaida Martin-Ortega.
Let a copy of this Decision be furnished the Office of the Bar Confidant and the Integrated Bar of the Philippines for their information and guidance. The Court Administrator is directed to circulate this Decision to all courts in the country.
SO ORDERED."
A.C. No. 12018 - ZENAIDA MARTIN-ORTEGA, COMPLAINANT, v. ATTY. ANGELYN A. TADENA, RESPONDENT.
PHILIPPINE SUPREME COURT DECISIONS
A.C. No. 12018, January 29, 2020
ZENAIDA MARTIN-ORTEGA, COMPLAINANT, v. ATTY. ANGELYN A. TADENA, RESPONDENT.
https://www.chanrobles.com/cralaw/2020januarydecisions.php?id=19
