Atty. Vaflor-Fabroa vs. Atty.

Paguinto
A.C. No. 6273
March 15, 2010

Facts: An information for estafa was filed against complainant Atty. Iluminada Vaflor-
Fabroa based on an affidavit-complaint, which respondent Atty. Oscar Paguinto prepared
and notarized, but was quashed by the Court for failing to indicate the involvement of
complainant in the case. Respondent also filed six other criminal complaints against
complainant, but he eventually filed a motion to withdraw them.

Complainant, through a General Special Assembly called by respondent, was removed

as Chairperson and member of the General Mariano Alvarez Service Cooperative, Inc.
Complainant thus filed a complaint for annulment of the proceedings taken during the
Special General Assembly. Complainant also filed a disbarment case against respondent
for violation of the Code of Professional Responsibility and the Lawyer’s Oath.
Respondent filed a motion of extension of time to file Comment, which was eventually
granted, but respondent never filed any comment. The Court thus required him to show
cause why he should not be disciplinarily dealt with, but he also failed to comply.

Issue: Whether or not respondent is guilty of violating Rule 12.03 of the Code of
Professional Responsibility and the Lawyer’s Oath.

Held: Yes. Rule 12.03 of the Code of Professional Responsibility states that "A lawyer
shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an explanation for his failure to do
so." By failing to file comment on the complaint after obtaining an extension of time to file
and by ignoring the Court's subsequent show cause order, respondent clearly violated
Rule 12.03 of the Code of Professional Responsibility. Respondent also violated the
Lawyer’s Oath when he caused the filing of baseless criminal complaints against
complainant. Respondent is thus suspended from the practice of law for two years.