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NAME: Sambajon v Atty Suing practice expected of men of good intentions.

He thus owes entire devotion to the interest
REFERENCE NO.: A.C No. 7062 of his client, warm zeal in the defense and maintenance of his rights, and the exertion of
KEYWORDS: Rule 12.05—Shall refrain from talking to witness while he is under examination his utmost learning, skill, and ability to ensure that nothing shall be taken or withheld from
him, save by the rules of law legally applied. It is axiomatic in the practice of law that the
FACTS: price of success is eternal diligence to the cause of the client.
 Complaints filed before the IBP seeking the disbarment of Atty Jose A. Suing on the  The practice of law does not require extraordinary diligence (exactissima diligentia) or
grounds of deceit, malpractice, violation of Lawyer’s Oath and Code of Professional that extreme measure of care and caution which persons of unusual prudence and
Responsibility circumspection use for securing and preserving their rights. All that is required is ordinary
o Complainants were among the complainants in an NLRC Case (Microplast Inc. diligence (diligentia) or that degree of vigilance expected of a bonus pater familias. x x
Workers Union v Microplast Incorporated for Unfair Labor Practice and Illegal x[21] (Italics in the original; underscoring supplied)
Dismissal); RESPONDENT was the counsel for Microplast
o Labor Arbiter Ariel Santos dismissed the Illegal Strike case—declared Canon 18
employer-clients of respondent guilt of Unfair Labor Practice  A lawyer shall serve his client with competence and diligence
o Atty Suing declared that he went to the Office of the Labor Arbiter on the advise  Rule 18.03: A lawyer shall not neglect a legal matter entrusted to him, and his negligence
of his client that the 7 were going to be there to submit their respective in connection therewith shall render him liable
Quitclaims and Waivers
 Had the responsibility to protect his clients interests—ascertain the  Manuel Rodil (Atty Suing’s client) did not request him to go to the Office of the Labor
identity of the parties who executed the Waiver and Quitclaims Arbiter to be a mere passive witness to the signing of the Release Waiver and Quitclaims
 He did not bother to ask where the money, intended for the payment o He was requested to go there to exert vigilance to protect his client’s interest
of the works, was  Labor Arbiter Santos was entertaining doubts on the true identity of those who executed
 He prepared a Quitclaim document; on the date of the signing it was the Release Waiver and Quitclaims
no longer the document that he prepared o Should have alerted him to protect his cleint’s interests
 Seven complainants apparently signed Release Waiver and Quitclaims in the ULP and
Illegal Dismissal cases before Labor Arbiter Santos in the presence of Atty Suing Attempt To Influence Answers of His Clients
o Labor Arbiter dismissed the case insofar as the 7 who signed were concerned  While testifying before Commissioner Manuel Hababag, on the question of who brought
 4 of those who signed are the complainants in this present case—they deny having the documents to Ariel Cadiente Santos
signed and sworn to before the Labor Arbiter the said documents or having received the o Tried to “clarify” the questions posed by the Commissioner
considerations thereof  Apparent attempt not to incriminate himself
o They alleged that Atty Suing, acting in collusion with his clients, frustrated the  His client contradicted respondent’s claim that the Release Waiver and Quitclaim, which
implementation of the Writ of Execution by presenting before the LA the he (Atty Suing) prepared was not the one presented at the Arbiter’s Office
spurious documents o As well as his implied claim that he was not involved in releasing to the
o Also filed a criminal complaint for Falsification against Respondent complainants the money for and in consideration of the execution of the
 IBP Commissioner Salvador B. Hababag, who conducted an investigation recommended documents
that the respondent be faulted for negligence and that he be reprimanded  As an officer of the court, a lawyer is called upon to assist in the administration of justice;
o Board of Governors approved and adopted the Report and Recommendation he is an instrument to advance its cause
o Complainants filed a Motion to Amend Resolution o Any act on his part that tends to obstruct, perverts or impedes the
 One of the complainants, Renerio Sambajon, assailed the IBP Resolution; was actually administration of justice constitutes misconduct
filed after the 15-day period to assail the IBP resolution  Commission on Bar Discipline is not a court, but the proceedings therein are nonetheless
part of a judicial proceeding
ISSUE: W/N Atty Suing violated the CPR o A disciplinary action being in reality an investigation by the Court into the
HELD: misconduct of its officers or an examination into his character
Canon 17
 A laywer owes fidelity to the cause of his client and he shall e mindful of the trust and  PENALTY: guilty of negligence and misconduct
confidence reposed in him o Suspended—6 months with a warning that a repetition of the same acts will be
 Diligence is the attention and care required of a person in a given situation and is the dealt with more severely
opposite of negligence. A lawyer serves his client with diligence by adopting that norm of