Garcia vs. Lopez

A lawyer who files an entry of appearance on behalf of all heirs without proper authorization, when he only represents some, commits misrepresentation and encroaches upon the professional employment of another lawyer, warranting disciplinary action under Canons 8 and 10 of the Code of Professional Responsibility.

Complainant Atty. Wilfredo T. Garcia served as counsel for the late Angelina Sarmiento in LRC Case No. 05-M-96, a land registration case pending in the RTC of Malolos, Bulacan. The RTC granted Sarmiento's application, a decision ultimately upheld by the Supreme Court. Upon the decision becoming final and executory, the RTC directed the Land Registration Authority (LRA) to issue the decree of registration and certificate of title. The LRA failed to comply, prompting complainant to file an urgent motion to cite the LRA administrator in contempt, leading to scheduled hearings.

• The Original Representation: Complainant represented Sarmiento in the land registration case since 1996 on a contingent fee basis. Upon Sarmiento's death, she was succeeded by compulsory heirs: Gina Jarviña (daughter by common-law husband) and Alfredo, Zenaida, Wilson, Jeanette, and Geneva, all surnamed Ku (children by her husband). Complainant was retained as counsel by Gina Jarviña and Alfredo Ku.
• The Contested Entry of Appearance: On September 19, 2002, respondent filed an entry of appearance and motion for postponement, claiming to be counsel for the "heirs of Sarmiento." Complainant had not withdrawn from the case.
• The Dispute: Gina Jarviña and Alfredo Ku executed affidavits stating they did not engage respondent's services and recognized complainant as their only counsel of record. Complainant viewed respondent's action as an attempt at "unfair harvesting" of the fruits of his labor.
• Respondent's Defense: Respondent claimed he was merely representing Zenaida and Wilson Ku (later adding Geneva and Jeanette in his Rejoinder), who sought his help the day before a scheduled hearing. He asserted that failing to specify the individuals he represented was an honest mistake, not deliberate, and caused no prejudice.

• Misrepresentation: Respondent misrepresented to the court that he was the counsel of all the heirs of Sarmiento, omitting the fact that complainant was the counsel of record.
• Unfair Harvesting/Encroachment: Respondent's late entry into the case was tantamount to "unfair harvesting" of the fruit of complainant's labors since 1996, particularly because complainant's attorney's fees were on a contingent basis.

• Limited Representation: Respondent was merely representing Zenaida and Wilson Ku (and later Geneva and Jeanette), who sought his services on short notice due to a hearing scheduled the next day.
• Honest Mistake: Failing to specify the names of his clients in the entry of appearance was an honest mistake, not deliberate, and did not prejudice anyone.
• Lack of Intent: There was no intention to misrepresent himself to the court.

• Misrepresentation: Whether respondent committed misrepresentation by filing an entry of appearance on behalf of all the compulsory heirs when he only represented some.
• Encroachment: Whether respondent encroached upon the professional employment of complainant in violation of the Code of Professional Responsibility.

• Misrepresentation: Misrepresentation was established. By filing an entry of appearance on behalf of the "compulsory heirs" when he only represented some, respondent could have deceived the court. This violated his lawyer's oath to do no falsehood and Rule 10.01 of the CPR.
• Encroachment: Encroachment was established. By being less than candid about whom he represented, respondent undeniably encroached upon the legal functions of complainant as the counsel of record. Even without formal withdrawal of complainant, respondent would merely be considered collaborating counsel; however, his lack of candor violated Canon 8 and Rule 8.02 of the CPR. Even assuming it was not calculated deception, respondent was remiss in his duty to his fellow lawyer and the court.

• Encroachment upon Professional Employment — A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer. Filing an appearance for all heirs when only representing some, without being candid about the limited representation, encroaches on the counsel of record's functions, especially when the counsel of record has not been discharged and has worked on the case from the beginning.
• Candor and Fairness to the Court — A lawyer owes candor, fairness, and good faith to the court and shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead, or allow the court to be misled by any artifice. Filing an unauthorized entry of appearance for all heirs misleads the court.

• "In filing an entry of appearance with motion of postponement in behalf of the 'compulsory heirs of the late Angelita Sarmiento' when in truth he was merely representing some of the heirs but not all of them, respondent was guilty of misrepresentation which could have deceived the court."
• "Even assuming that it was not a calculated deception, he was still remiss in his duty to his fellow lawyer and the court. He should have been more careful about his actuation since the court was relying on him in its task of ascertaining the truth."

• Reyes v. Chiong, A.C. No. 5148, 1 July 2003, 405 SCRA 212 — Followed. Cited for the principle that lawyers are officers of the court with peculiar duties, responsibilities, and liabilities.
• Dallong-Galicinao v. Castro, A.C. No. 6396, 25 October 2005, 474 SCRA 1 — Followed. Cited for the duty of lawyers to uphold the dignity of the legal profession and act honorably, fairly, and candidly at all times.

• Canon 10, Rule 10.01, Code of Professional Responsibility — Requires a lawyer to owe candor, fairness, and good faith to the court and prohibits doing falsehood or misleading the court. Applied to find respondent guilty of misrepresentation for claiming to represent all heirs without authorization.
• Canon 8, Rule 8.02, Code of Professional Responsibility — Requires a lawyer to conduct himself with courtesy, fairness, and candor toward professional colleagues and prohibits encroaching upon the professional employment of another lawyer. Applied to find respondent guilty of encroaching on complainant's professional employment by being less than candid about his representation.
• Lawyer's Oath — Requires a lawyer to do no falsehood nor consent to the doing of any in court. Violated by respondent's misrepresentation in his entry of appearance.

Reynato S. Puno, Angelina Sandoval-Gutierrez, Adolfo S. Azcuna, Cancio C. Garcia