. Arthur S. Tulio vs. Atty. Gregory F.

Buhangin
AC No. 7110 / April 20, 2016

Facts:
Complainant had an agreement with his siblings
(regarding a property owned by their mother) and consequently a
Deed of Waiver of Rights was executed by his siblings in his favor
and the Deed was prepared and notarized by Atty. Buhangin.
Thereafter, Complaint engaged the services of Atty. Buhangin to
represent him in filing a case for specific performance and through
Complainant’s effort, defendants in the said case agreed to a
settlement. To Complainant’s surprise, Atty. Buhangin represented
his siblings and filed a complaint against him for rescission of the
deed of waiver of rights. Complainant filed a motion to disqualify
Atty. Buhangin as a lawyer because there was a conflict of interest
on the part of the latter in representing a case filed by his siblings
against him.

Issue:
Whether or not Atty. Buhangin violated Rule 15.03 of the
Code of Professional Responsibility.

Ruling: YES
Rule 15.03 provides that a lawyer shall not represent
conflicting interests except by written consent of all the concerned
given after a full disclosure of the facts. Under this Rule, it is
explicit that a lawyer is prohibited from representing new clients
whose interest oppose those of a former client in any manner,
whether or not they are parties in the same action or on totally
unrelated cases. The prohibition is founded on the principles of
public policy. It behooves lawyers not only to keep inviolate the
client’s confidence, but also to avoid the appearance of treachery
and double-dealing for only then can litigants be encouraged to
entrust their secrets to their lawyers, which is of paramount
importance in the administration of justice.

Atty. Buhangin violated the said Rule when he

represented the siblings in filing a case against Complainant.
Although he subsequently filed a withdrawal of his appearance as
counsel but it was too late. He already manifested disloyalty and
infidelity to Complainant as his client. He was suspended from the
practice of law for 6 months.