EDGARDO AREOLA vs. ATTY. MARIA VILMA MENDOZA
A.C. No. 10135 January 15, 2014
Facts:
Areola stated that he was filing a complaint in behalf of his co-detainees Allan Seronda, Aaron Arca, Joselito Mirador, Spouses Danilo Perez and Elizabeth Perez. He alleged that on October 23, 2006, during Prisoners Week, Atty. Mendoza, visited the Antipolo City Jail and called all detainees with pending cases before the RTC where she was assigned, to attend her speech/lecture. Areola claimed that Atty. Mendoza stated the following during her speech:
"O kayong may mga kasong drugs na may pangpiyansa o pang- areglo ay maging praktikal sana kayo kung gusto ninyong makalaya agad. Upang makatiyak kayo na hindi masasayang ang pera ninyo ay sa akin ninyo ibigay o ng kamag-anak ninyo ang pera at ako na ang bahalang maglagay kay Judge Martin at Fiscal banqui; at kayong mga detenidong mga babae na no bail ang kaso sa drugs, iyak-iyakan lang ninyo si Judge Martin at palalayain na kayo. Malambot ang puso noon."
Atty. Mendoza allegedly said that as she is handling more than 100 cases, all detainees should prepare and furnish her with their Sinumpaang Salaysay so that she may know the facts of their cases and their defenses and also to give her the necessary payment for their transcript of stenographic notes.
Areola furthermore stated that when he helped his co-inmates in drafting their pleadings and filing motions before the RTC Atty. Mendoza undermined his capability, to wit:
(1) Atty. Mendoza purportedly scolded detainee Seronda when she learned that the latter was assisted by Areola in filing a Motion to Dismiss for Violation of Speedy Trial Act in the latter’s criminal case for rape. She got angrier when Seronda retorted that he allowed Areola to file the motion for him since there was nobody to help him.
(2) Areola assisted Spouses Danilo and Elizabeth Perez in filing their Joint Motion for Consolidation of Trial of Consolidated Offenses and Joint Motion to Plead Guilty to a Lesser Offense. The spouses were likewise scolded for relying on the Complainant and alleged that the respondent asked for ₱2,000.00 to represent them.
(3) Areola helped another co-detainee, Mirador in filing an "Ex-parte Motion to Plead Guilty to a Lesser Offense". When Atty. Mendoza learned of it, she allegedly scolded Mirador and discredited Areola.
Issues:
1. Whether or not Areola is the proper complainant
2. Whether or not Areola is allowed to give legal advice and file pleadings
3. Whether or notAtty. Mendoza violated Canon 1 and Canon 15 of the CPR
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Ruling:
First Issue:
The Court agrees with the IBP that Areola is not the proper party to file the Complaint against Atty. Mendoza. He is not even a client of Atty. Mendoza. He claims that he filed the Complaint on behalf of his co-detainees Seronda, Arca, Mirador and Spouses Perez, but it is apparent that no document was submitted which would show that they authorized Areola to file a Complaint.
The Court agrees with the observations of the Investigating Commissioner that Areola initiated this complaint when he felt insulted because Atty. Mendoza refused to acknowledge the pleadings and motions he prepared for his co-detainees who are PAO clients of Atty. Mendoza.
Second Issue:
It appears that Areola is quite knowledgeable with Philippine laws. However, no matter how good he thinks he is, he is still not a lawyer. He is not authorized to give legal advice and file pleadings by himself before the courts. His familiarity with Philippine laws should be put to good use by cooperating with the PAO instead of filing baseless complaints against lawyers and other government authorities. It seems to the Court that Areola thinks of himself as more intelligent and better than Atty. Mendoza, based on his criticisms against her.
Third Issue:
Interestingly, Atty. Mendoza admitted that she advised her clients to approach the judge and plead for compassion so that their motions would be granted. This admission corresponds to one of Areola’s charges against Atty. Mendoza—that she told her clients " Iyak-iyakan lang ninyo si Judge Martin at palalayain na kayo. Malambot ang puso noon." Atty. Mendoza made it appear that the judge is easily moved if a party resorts to dramatic antics such as begging and crying in order for their cases to be dismissed.
As such, the Court agrees with the IBP Board of Governors that Atty. Mendoza made irresponsible advices to her clients in violation of Rule 1.02 and Rule 15.07 of the Code of Professional Responsibility. It is the mandate of Rule 1.02 that "a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system." Rule 15.07 states that "a lawyer shall impress upon his client compliance with the laws and the principles of fairness."
Atty. Mendoza’s improper advice only lessens the confidence of the public in our legal system. Judges must be free to judge, without pressure or influence from external forces or factors according to the merits of a case. Atty. Mendoza’s careless remark is uncalled for.
It must be remembered that a lawyer’s duty is not to his client but to the administration of justice. To that end, his client’s success is wholly subordinate. His conduct ought to and must always be scrupulously observant of the law and ethics. Any means, not honorable, fair and honest which is resorted to by the lawyer, even in the pursuit of his devotion to his client’s cause, is condemnable and unethical.
Penalty: REPRIMAND, with the STERN WARNING that a repetition of the same or similar act will be dealt with more severely
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