Fuentes, Edsel Ian S.

JD NT-1
1L-M11

Northwestern University Incorporated and

Ben Nicolas vs. Atty. Macario Arquillo (AC
No. 6032/August 2, 2005)

LEGAL ETHICS SECOND REPORTING

FACTS:

Ben A. Nicolas, in behalf of Northwestern University, filed

a letter-complaint to the Integrated Bar of the Philippines
allegedly reporting that Atty. Macario Arquillo had
engaged in conflicting interest by acting as counsel for
both complainant and respondent in the very same
consolidated case filed to the National Labor Relations
Commission. Respondent claims that there is no conflict-
of-interests as all parties are said to be on the same side.

For failing to appear in scheduled hearings, Atty. Arquillo

is deemed to have waived his right to participate in the
proceedings.
ISSUE:

Whether or not the respondent is guilty of violating

the conflict-of-interests rule under the Code of
Professional Responsibility. Rule 15.03

RULE
15.03- A lawyer shall not represent conflicting
interest except by written consent of all concerned
given after disclosure of facts.

Yes,

The Court held that Atty. Arquillo is guilty of

violating the conflict-of-interests rule under
the Code of Professional Responsibility. Canon
15 of the Code of Professional Responsibility
requires lawyers to observe candor, fairness and
loyalty in all their dealings and transactions
with their clients. Therefore, a lawyer may not
represent conflicting interests without the
written consent of all parties involved, after
disclosure of the facts. The Court did not agree
with Arquillo’s justification of his acts for he
should have known that in representing
opposing parties,
there would be an obvious conflict of interest,
regardless of his belief that both parties are on
the same side.

SUMMARY On the instant case:

DIVIDED LOYALTY
Double Dealing and Treachery
Lawyer of the adversary client “at the same case
and at the same time”

Atty. Macario Arquillo was found guilty of

misconduct 

Punishment:

Atty. Arquillo 
is suspended for a period of one year from the
practice of law.