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NEW ERA UNIVERSITY

College of Law
Prof. Judge Jacinto Dela Cruz

CONSTANTINO, ALVIN DJ
Subject: Philosophy of Law

CASE DIGEST:
A.C. No. 7649               December 14, 2011
SIAO ABA, MIKO LUMABAO, ALMASIS LAUBAN, and BENJAMIN
DANDA, Complainants,
vs.
ATTYS. SALVADOR DE GUZMAN, JR., WENCESLAO "PEEWEE"
TRINIDAD, and ANDRESITO FORNIER, Respondents.

FACTS:

1. Complainants filed a complaint against Attorneys Wenceslao


Trinidad, Andresito Fornier, and Salvador De Guzman for
misconduct and illegal recruitment charges.
2. Complainants alleged that the respondents were part of a
syndicate that filed fabricated charges against them for
extortion purposes.
3. The Investigating Commissioner conducted an investigation
and found that the complainants failed to substantiate their
charges against the respondents.
4. The Board of Governors of the Integrated Bar of the
Philippines issued a decision dismissing the charges against
Trinidad and Fornier, but imposed a fine on De Guzman.
5. Complainants filed a petition for review with the Supreme
Court, seeking to reverse the decision of the Board of
Governors.
6. The Supreme Court dismissed the charges against Trinidad
and Fornier due to lack of merit, but modified and increased
the penalty on De Guzman.
7. The Court found that the documents submitted by
complainants were not credible and that they did not attend
any mandatory conference proceedings to substantiate their
allegations.
8. The Court also found that complainants did not prove by
preponderance of evidence that De Guzman communicated
with them for the purpose of filing fabricated charges for
extortion.
9. The Court reversed the decision of the Board of Governors
and dismissed the charges against De Guzman for utter lack
of merit.

ISSUE in the LOWER COURT:


The lower court in this case was the Integrated Bar of the
Philippines. The issue in the lower court was whether or not the
respondents, Attys. Wenceslao Trinidad, Andresito Fornier, and
Salvador P. De Guzman, Jr., were guilty of misconduct in
connection with the filing of illegal recruitment charges against
certain individuals.

RULING in the LOWER COURT:


The lower court found De Guzman, Trinidad, and Fornier guilty of
grave misconduct and recommended their disbarment from the
practice of law.

ISSUE in the SUPREME COURT:


The issue in the Supreme Court is whether the Respondents, Atty.
Salvador P. De Guzman, Jr., Atty. Wenceslao "Peewee" Trinidad,
and Atty. Andresito Fornier, should be held administratively liable
for the alleged misconduct of persuading and inducing the
complainants to file fabricated charges for the purpose of extortion.

RULING of the SUPREME COURT:


The Supreme Court dismissed the charges against Attys.
Wenceslao "Peewee" Trinidad and Andresito Fornier for lack of
merit and affirmed the Decision of the Board of Governors of the
Integrated Bar of the Philippines to dismiss the charges against
them. The Court also dismissed the charges against Atty. Salvador
P. De Guzman, Jr. for lack of merit, reversing the Decision of the
Board of Governors and the Report and Recommendation of the
Investigating Commissioner.

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