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EN BANC

A.C. No. 7360 July 24,2012

ATTY. POLICARIO I. CATALAN, JR. vs. ATTY. JOSELITO M. SILVOSA

DECISION

PER CURIAM:

FACTS:

Atty. Catalan filed a complaint against Atty. Silvosa for violating Rule 6.03 of the Code
of Professional Responsibility. He alleged that Atty. Silvosa appeared as private counsel
for the accused in the same case for which he previously appeared as a public
prosecutor. In his defense, Atty. Silvosa claims that his appearance was only for the
purpose of the reinstatement of bail pending finality of judgment of the criminal case.

ISSUE: WON Atty. Silvosa is guilty of violating Rule 6.03 of the CPR

HELD: YES. Atty. Silvosa violated Rule 6.03.

When he entered his appearance on the Motion to Post Bail Bond Pending Appeal, Atty.
Silvosa conveniently forgot Rule 15.03 which provides that "A lawyer shall not represent
conflicting interests except by written consent of all concerned given after a full
disclosure of facts."

The question is to whether the attorney has adhered to proper professional standard. It
behooves attorneys, like Caesar’s wife, not only to keep inviolate the client’s
confidence, but also to avoid the appearance of treachery and double-dealing.

Indeed, the prohibition against representation of conflicting interests applies although
the attorney’s intentions were honest and he acted in good faith.