CASE #8

GUILLERMO VILLANUEVA representing UNITED COCONUT PLANTERS LIFE

INSURANCE CORPORATION(COCOLIFE) vs ATTY. BONIFACIO ALENTAJAN
A.C. No. 12161, June 08, 2020

FACTS:

On September 6, 2005, Erlinda Marquez, in her personal capacity and as

attorney-in-fact of other heirs of Bienvenido O. Marquez Jr., filed a complaint for
annulment of foreclosure proceedings, certificate of sale and transfer certificate of title
against The United Coconut Planters Life Assurance Corporation (COCOLIFE),
docketed as Civil Case No. Q-05-5629. The trial court dismissed this complaint, and
appeals to Court of Appeals and Supreme Court were not successful, thus dismissal
became final and executory.

Subsequently, the following cases were instituted through the assistance of their
lawyer, Atty. Bonifacio A. Alentajan:
1. On July 26, 2013, complaint before the RTC, Branch 90 of Quezon City for
reconveyance and annulment of title with application for preliminary injunction and
prayer for temporary restraining order against COCOLIFE and the Registry of Deeds
of Quezon City with respect to the same property which was docketed as Civil Case
No. R-QZN-13-02119-CV. The said complaint was dismissed by the RTC in its
Order dated November 12,2013.
2. Criminal complaint for violation of Sections 1 and 36 of Republic Act No. 7653,
otherwise known as The New Central Bank Act in relation to Sections 4 and 6 of
R.A. No. 3765 also known as the Truth in Lending Act against the officer of
COCOLIFE. The said criminal complaints was dismissed by the Office of the City
Prosecutor of Makati City in its Resolution dated July 2, 2014 for lack of merit.
Erlinda motion for reconsideration was likewise denied by the OCP in its Order dated
September 16, 1014.
3. Another criminal complaint for violation of Article 302 of Revised Penal Code or
robbery in an uninhabited place or a private building against the officer of the
COCOLIFE. OCP of Quezon City dismissed the said complaint due to insufficiency
of evidence in its Resolution dated January 17, 2014.
4. Petition for Contempt against the officer of COCOLIFE. The RTC, Branch 92 of
Quezon City dismissed the said petition in its Order dated March 24, 2014 in view of
dismissal of its Complaint before the RTC, Branch 90 of Quezon City for
reconveyance of title as well as the denial of its application to TRO.
 On October 2, 2014, COCOLIFE represented by Guillermo Villanueva filed a
Complaint for Disbarment against Atty. Alentajan before the Integrated Bar of the
Philippines. It averred that Atty. Alentajan is guilty of forum shopping.

ISSUE:

Whether Atty. Bonifacio Alentajan is guilty of violating Canon 1, Rule 10.3 of

Canon 10, and Rules 12.02 and 12.04 of Canon 12 of the Code of Professional
Responsibility.

HELD:

YES. He was ordered suspended from the practice of law for a period of three (3)
months, with a stern warning that a repetition of the same or similar acts will be dealt
with more severely.

Rule 10.3, Canon 10 of CPR mandates lawyers to observe the rules of

procedures and to not misuse them to defeat the ends of justice. A lawyer owes fidelity
to the cause of his/her client, but not to at the expense of the truth and administration of
justice. The filing of multiple cases constitutes abuse of the court’s processes and
improper conduct that tends to impede, obstruct and degrade the administration of
justice. The filing of another action concerning the same subject matter likewise runs
contrary to Canon 1 and Rules 12.02 and 12.04 of Canon 12 of the Code of
Professional Responsibility. Canon 1 of CPR requires a lawyer to exert every effort and
consider it his/her duty to assist in the speedy and efficient administration of justice.
Rule 12.02 prohibits a lawyer from filing multiple cases arising from the same cause,
and Rule 12.04 of Canon 12 prohibits the undue delay of a case by misusing court
processes.

Since the element of res judicata are present, to wit: (a) identity of parties, or at
least such parties that represent the same interests in both actions, (b) identity of rights
or causes of action, and (c) identity of reliefs sought, Atty. Alentajan committed forum
shopping when he filed Civil Case No. R-QZN-13-02119-CV without indicating that Civil
Case No. Q-05-5629 had already become final and executory.