SECOND DIVISION
[A.C. No. 11153. June 19, 2019.]
ATTY. ELSA D. WILSON, complainant, vs.ATTY. GLORIA LASTIMOSA-DALAWAMPU, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated19 June 2019which reads as follows:
"A.C. No. 11153 (Formerly CBD Case No. 00-759) — ATTY. ELSA D. WILSON, complainant, versus ATTY. GLORIA LASTIMOSA-DALAWAMPU, respondent.
After a careful review of the records of the case and the issues submitted by the parties, the Court hereby adopts and approves, with modification, the Resolution 1 dated January 31, 2015 rendered by the Board of Governors of the Integrated Bar of the Philippines (IBP) in CBD Case No. 00-759. The factual findings and conclusions of the Investigating Commissioner, as affirmed by the IBP Board of Governors, were made after an exhaustive presentation of evidence and documents by the contending parties.
Lawyers are duty bound to maintain undivided allegiance to their clients and avoid any conflict of interest. A conflict of interest arises when a lawyer discharges inconsistent duties or represents inconsistent interests of two or more opposing parties. This means that a lawyer may not act as counsel for one client whose interest conflicts with that of another present or previous client. 2 This is because any information obtained by a lawyer from a former client would not have been acquired had it not been for the trust and confidence bestowed upon the lawyer by such client. Moreover, it is impossible to identify and erase such information before suing the former client on behalf of a new one. Such prohibition applies whether the former and present clients are opposing parties in the same case, a related case, or even completely unrelated cases. 3
Here, as observed by the Investigating Commissioner, respondent had established a lawyer-client relationship between her and complainant upon obtaining documents and other information from the latter regarding complainant's legal separation case that she had filed with the Regional Trial Court (RTC), Branch 9, Cebu City against her husband, Claude M. Wilson (Claude), and docketed as Civil Case No. CEB-24742 4 during their meeting on July 20, 2000. Thereafter, respondent made her representation as counsel for Claude in the aforementioned legal separation case, 5 as well as in a case for declaration of nullity of marriage that he filed against complainant, which was filed in the same court and docketed as Civil Case No. CEB-26132. 6 This prompted complainant to file on August 31, 2000 a motion 7 with the RTC to disqualify respondent from representing Claude in court on the ground of conflict of interest, which was eventually granted by the Court of Appeals in its Decision 8 dated January 23, 2004 in CA-G.R. SP No. 66290. 9 Thus, the Investigating Commissioner and the IBP are correct in concluding that respondent's actions run afoul of her duty to avoid conflict of interest, particularly as to representing clients with opposing interests.
As for the penalty to be imposed, the Court in Legaspi v. Fajardo, 10 as well as in a long line of cases, 11 had imposed the penalty of suspension from the practice of law for one (1) year for lawyers who represented conflicting interests. In view thereof, the Court hereby imposes the same penalty on respondent.
WHEREFORE, the Court hereby ADOPTS and APPROVES with MODIFICATION the Resolution dated January 31, 2015 rendered by the Board of Governors of the Integrated Bar of the Philippines in CBD Case No. 00-759, finding Atty. Gloria Lastimosa-Dalawampu GUILTY of violation of Canon 15, Rules 15.01 and 15.03 of the Code of Professional Responsibility. She is hereby SUSPENDED from the practice of law for ONE (1) YEAR effective immediately upon the date of her receipt of this Resolution, with a STERN WARNING that a repetition of the same or any similar act shall be dealt with more severely.
Atty. Lastimosa-Dalawampu is hereby DIRECTED to immediately file a Manifestation to the Court that her suspension has commenced, copy furnished to all courts and quasi-judicial bodies where she has entered her appearance as counsel.
Let copies of this Resolution be furnished to: (a) the Office of the Court Administrator for dissemination to all courts throughout the country for their information and guidance; (b) the Integrated Bar of the Philippines; and (c) the Office of the Bar Confidant to be appended to Atty. Lastimosa-Dalawampu's personal record as a member of the Bar.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 335-336. Signed by Atty. Nasser A. Marohomsalic, National Secretary, IBP.
2.Mabini Colleges, Inc. v. Pajarillo, 764 Phil. 352, 359 (2015).
3.Legaspi v. Fajardo, A.C. No. 9422, November 19, 2018.
4. Entitled "Elsa Wilson v. Claude M. Wilson"; see "Motion to Disqualify Respondent's Counsel" filed by Atty. Wilson in the said case; rollo, p. 21.
5. See "Opposition to Motion for Disqualification" in Civil Case No. CEB-24742, id. at 26-34.
6. Entitled "Claude Mark C. Wilson v. Elsa Marie Roldan Divinagracia-Wilson"; see "Complaint," id. at 54-67.
7.Supra note 4.
8.Rollo, pp. 267-282. Penned by Associate Justice Regalado E. Maambong, with Associate Justices Buenaventura J. Guerrero and Andres B. Reyes, Jr. (now a Member of this Court) concurring.
9. Entitled "Elsa Divinagracia Wilson v. Hon. Olegario Sarmiento, in his capacity as Presiding Judge ofRTC Branch 24, [Cebu City], Hon. [Benigno G.] Gaviola, in his capacity as Presiding Judge of RTC Branch 9, [Cebu City], and Atty. Gloria Lastimosa-Dalawampu."
10.Supra note 3.
11. See Aniñon v. Sabitsana, Jr., 685 Phil. 322, 326 (2012); Santos Ventura Horcoma Foundation, Inc. v.Funk, 692 Phil. 502, 506 (2012); Mabini Colleges, Inc. v. Pajarillo, supra note 2, at 362.