Adez Realty, Inc. vs. Court of Appeals, G.R.

100643 30 October

Facts of the case:

In Our Resolution of 14 August 1992, We directed ATTY. BENJAMIN M. DACANAY, counsel for
petitioner Adez Realty, Inc., to "SHOW CAUSE within five (5) days from notice why he should not be
disciplinarily dealt with for intercalating a material fact in the judgment of the court a quo thereby altering
and modifying its factual findings with the apparent purpose of misleading this Court in order to obtain a
favorable judgment, and thus failing to live up to the standards expected of a member of the Bar." Atty.
Dacanay explains that “In the case at bar, he did instruct his secretary to copy the corresponding pages in
the decision of the Court of Appeals. Somehow, however, some words were intercalated on a particular
paragraph noted by the Honorable Court he regrettably is at a loss to explain. He remembers, however,
that at the time he was preparing the petition at bar there were other pleadings necessitating equal if not
preferential attention from him which could perhaps be the reason why his secretary committed a very
grievous mistake. Such mistake though he does not condone and he feels upset at the turn of events."

Issue:

Whether Atty. Dacanay deceitfully misled the Highest Court.

Held:

YES. After due deliberation, the Court En Banc brushed off as simply unsatisfactory and incredible
counsel's explanation that it was his secretary who committed the mistake. This "passing-the-buck" stance
of counsel was already aptly treated in Adaza v. Barinaga. How could the secretary have divined the
phrase "without notice to the actual occupants of the property, Adez Realty," without counsel dictating it
word for word? Could it have been a providential mistake of the secretary as it was very material, and on
which could have hinged the fate of a litigant's cause? It is the bounden duty of lawyers to check, review
and recheck the allegations in their pleadings, more particularly the quoted portions, and ensure that the
statements therein are accurate and the reproductions faithful, down to the last word and even punctuation
mark. The legal profession demands that lawyers thoroughly go over pleadings, motions and other
documents dictated or prepared by them, typed or transcribed by their secretaries or clerks, before filing
them with the court. Misquoting or intercalating phrases in the text of a court decision constitutes willful
disregard of the lawyer's solemn duty to act at all times in a manner consistent with the truth. A lawyer
should never venture to mislead the court by false statements or quotations of facts or laws. Thus, in
Bautista v. Gonzales, We suspended respondent for six (6) months for, among others, submitting to the
lower court falsified documents, representing them to be true copies. In Chavez v. Viola We suspended
respondent counsel for five (5) months after he filed an Amended Application for Original Registration of
Title which contained false statements.

The case at bar, although akin to the aforementioned cases, has more serious and far-reaching
repercussions. Those who attempt to misguide this Court, the last forum for appeal, should be dealt with
more severely lest We be made unwilling instruments of inequity and injustice. Indeed, counsel has
demonstrated his wanton disregard for truth and fairplay even before the Highest Court of the land.
Worse, he compounded his unprofessional mischief by laying the blame on his hapless secretary whose
duty it was simply to obey him.

ATTY. BENJAMIN M. DACANAY is hereby DISBARRED effective immediately from the practice of
law.