ENGR. GILBERT TUMBOKON vs. ATTY. MARIANO R. PEFIANCO (PROBLEM AREAS IN LEGAL ETHICS)

A.C. No. 6116               August 1, 2012

ENGR. GILBERT TUMBOKON, Complainant,
vs.
ATTY. MARIANO R. PEFIANCO, Respondent.

PERLAS-BERNABE, J.:

FACTS:

Before the Court is an administrative complaint for disbarment filed by complainant Engr. Gilbert Tumbokon against respondent Atty. Mariano R. Pefianco for grave dishonesty, gross misconduct constituting deceit and grossly immoral conduct.

Respondent undertook to give him 20% commission, later reduced to 10%, of the attorney's fees the latter would receive in representing Spouses Amable and Rosalinda Yap (Sps. Yap), whom he referred, in an action for partition of the estate of the late Benjamin Yap (Civil Case No. 4986 before the Regional Trial Court of Aklan). Their agreement was reflected in a letter2 dated August 11, 1995. However, respondent failed to pay him the agreed commission notwithstanding receipt of attorney's fees amounting to 17% of the total estate or about ₱ 40 million. Instead, he was informed through a letter3 dated July 16, 1997 that Sps. Yap assumed to pay the same after respondent had agreed to reduce his attorney's fees from 25% to 17%. He then demanded the payment of his commission4 which respondent ignored.

In his defense, respondent explained that he accepted Sps. Yap's case on a 25% contingent fee basis, and advanced all the expenses. He disputed the August 11, 1995 letter for being a forgery and claimed that Sps. Yap assumed to pay complainant's commission which he clarified in his July 16, 1997 letter. He, thus, prayed for the dismissal of the complaint and for the corresponding sanction against complainant's counsel, Atty. Florencio B. Gonzales, for filing a baseless complaint.6

IBP Commissioner recommended that respondent be suspended for one (1) year from the active practice of law, for violation of the Lawyer's Oath, Rule 1.01, Canon 1; Rule 7.03, Canon 7 and Rule 9.02, Canon 9 of the Code of Professional Responsibility (Code).

Respondent moved for reconsideration10 which was denied in Resolution No. XIX-2011-141 dated October 28, 2011.

ISSUE:

Whether the respondent violated Canon 9, Rule 9.02 of the Code of Professional Responsibility.

RULING:

The practice of law is considered a privilege bestowed by the State on those who show that they possess and continue to possess the legal qualifications for the profession. As such, lawyers are expected to maintain at all times a high standard of legal proficiency, morality, honesty, integrity and fair dealing, and must perform their four-fold duty to society, the legal profession, the courts and their clients, in accordance with the values and norms embodied in the Code.11 Lawyers may, thus, be disciplined for any conduct that is wanting of the above standards whether in their professional or in their private capacity.

In the present case, respondent's defense that forgery had attended the execution of the August 11, 1995 letter was belied by his July 16, 1997 letter admitting to have undertaken the payment of complainant's commission but passing on the responsibility to Sps. Yap. Clearly, respondent has violated Rule 9.02,12 Canon 9 of the Code which prohibits a lawyer from dividing or stipulating to divide a fee for legal services with persons not licensed to practice law, except in certain cases which do not obtain in the case at bar.

WHEREFORE, respondent ATTY. MARIANO R. PEFIANCO is found GUILTY of violation of the Lawyer’s Oath, Rule 1.01, Canon 1 of the Code of Professional Responsibility and Rule 9.02, Canon 9 of the same Code and SUSPENDED from the active practice of law ONE (1) YEAR effective upon notice hereof.