A.C. No. 2152 – 196 SCRA 10 – Legal Ethics – A lawyer shall do no falsehood
In 1966, Atty. Escolastico Viola assisted Felicidad Alvendia et al. in filing a petition against Teodoro Chavez where he sought to have the Alvendias be declared as bona fide lessees in a land controversy. Said petition was dismissed because of nonappearance by the Alvendias.
In 1977, Atty. Viola assisted same clients in applying for an original registration of title over the same land in controversy in 1966. In said application, Atty. Viola insisted that his clients were the true owners of said land because they acquired it by sale from Teresita Vistan way back in 1929.
Chavez then filed a disbarment case against Atty. Viola. Chavez said that because of the conflicting claims that Viola prepared in behalf of his clients, he had willingly aided in and consented to the pursuit, promotion and prosecution of a false and unlawful application for land registration, in violation of his oath of office as a member of the Bar.
ISSUE: Whether or not Atty. Viola is in violation of the Lawyer’s Oath.
HELD: Yes. Viola alleged in an earlier pleading that his clients were merely lessees of the property involved. In his later pleading, he stated that the very same clients were owners of the same property. One of these pleadings must have been false; it matters not which one. Worse, he offered no explanation as regards the discrepancy.
A lawyer owes honesty and candor to the courts. It cannot be gainsaid that candidness, especially towards the courts, is essential for the expeditious administration of justice. Courts are entitled to expect only complete candor and honesty from the lawyers appearing and pleading before them. Atty. Viola was suspended for 5 months.
