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Camacho vs.

Pangulayan Facts: 9 students of AMA Computer College who were members of the Editorial Board of DATALINE published some objectionable features or articles in the paper. The students were deemed guilty of the use of indecent language and unauthorized use of the student publication funds. Upon denial of their appeal to the AMACC President, the expelled students, represented by Atty. Camacho, file a civil case for the issuance of a Writ of Preliminary Mandatory Injunction and for Damages in the RTC of Q.C. Pending such case, letters of apology and Re-Admission Agreements were separately executed by and/or in behalf of some of the expelled students. A Manifestation was then filed with RTC of Q.C. by Attorney Regina D. Balmores of the Pangulayan and Associates Law Offices for AMACC. Such manifestation was furnished to Camacho. The RTC dismissed the civil case. Camacho then filed a complaint against Attorneys Luis Meinrado C. Pangulayan and 3 others in his law firm alleging that the latter procured and effected on separate occasions, without his knowledge, compromise agreements with four of his clients in the civil case which and required them to waive all kinds of claims they might have had against AMACC and to terminate all civil, criminal and administrative proceedings filed against it. Pangulayan argues that the 3 other lawyers were no longer part of his firm at the time; that he had nothing to do with the dismissal of the civil case and the documents were executed for the sole purpose of effecting the settlement of an administrative case involving 9 students. The Board of Governors of the IBP recommended that Pangulayan be suspended for 6 months and the other 3 lawyers be acquitted. Issue: W/N Pangulayan was guilty of Canon 9 of the Code of Professional Responsibility Ruling: The defense of Pangulayan is belied by the wordings of the Manifestation signed by the students and their parents which are as follows: "1.......Among the nine (9) signatories to the complaint, four (4) of whom assisted by their parents/guardian already executed a Re-Admission Agreement with AMACC President, AMABLE R. AGUILUZ V acknowledging guilt for violating the AMA COMPUTER COLLEGE MANUAL FOR DISCIPLINARY ACTIONS and agreed among others to terminate all civil, criminal and administrative proceedings which they may have against the AMACC arising from their previous dismissal. Canon 9: "A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should only deal with his counsel. It is incumbent upon the lawyer most particularly to avoid everything that may tend to mislead a party not represented by counsel and he should not undertake to advise him as to law." He is guilt of violating Canon 9. This failure of Pangulayan, whether by design or because of oversight, is an inexcusable violation of the canons of professional ethics and in utter disregard of a duty owing to a colleague. He is SUSPENDED for 3 months.