Alfonso Choa is a Chinese seeking Filipino naturalization. He filed a petition for naturalization with the assistance of Atty. Raymundo Quiroz. In his petition, he alleged, among others, that he is residing in Malaspina, Bacolod, and that he is of good moral character.
Thereafter, Choa was sued for perjury by his wife on the ground that his petition is perjured because he left her to be with another woman hence, he is no longer a resident of Malaspina, Bacolod, and that he has impregnated his other woman twice; that Choa was not providing support to his legitimate family which make him a person not of good moral character. When the perjury case was filed, Choa withdrew his petition for naturalization.
Choa was convicted of perjury by Judge Roberto Chiongson. Choa appealed but at the same time, he filed an administrative case against Judge Roberto Chiongson on the ground that his judgment was patently erroneous because the allegations in the Information did not constitute perjury; that the perjury case should have been dismissed when the petition for naturalization was withdrawn. On this, Choa theorized that when the petition was dismissed, one of the elements of perjury was already mooted. Choa also questioned the sentence imposed on him because the Indeterminate Sentence Law (ISL) was not applied.
The Supreme Court dismissed the complaint against Judge Chiongson for being baseless. The SC then directed Atty. Quiroz, who was found to be the one who prepared the complaint for Choa, to explain why he should not be disciplined for filing a baseless complaint.
Atty. Quiroz invoked good faith as he explained that he merely relied on Choa’s grievances.
ISSUE: Whether or not Atty. Quiroz should be disciplined.
HELD: Yes. His defense of good faith was not considered. The allegations in the complaint against the judge are not mere grievances from Choa but rather a direct attack on the legal merit of the judgment.
As a lawyer, Quiroz knows that the proper forum to question the decision is by way of an appeal (which they did) and not by way of filing an administrative case against the judge.
If they truly believe that the Information’s allegations were insufficient then they should have filed a motion to quash at the very start. The withdrawal of the petition for naturalization is not a ground for the dismissal of the perjury case. Quiroz knows that the withdrawal of the petition only worked to end the proceedings in the naturalization case but will not in any way affect the perjury case because the petition can still be used as an evidence in the perjury case. Quiroz is also aware that the ISL is not applicable if the imposed penalty is less than one year which was the penalty imposed on Choa. Yet he drafted for Choa the baseless suit against the judge.
While a lawyer owes absolute fidelity to the cause of his client, full devotion to his genuine interest, and warm zeal in the maintenance and defense of his rights, as well as the exertion of his utmost learning and ability, he must do so only within the bounds of the law. He must give a candid and honest opinion on the merits and probable results of his client’s case with the end in view of promoting respect for the law and legal processes, and counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law. He must always remind himself of the oath he took upon admission to the Bar that he “will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same”; and that he “will conduct himself as a lawyer according to the best of his knowledge and discretion with all good fidelity as well to the courts as to his clients.” Needless to state, the lawyer’s fidelity to his client must not be pursued at the expense of truth and the administration of justice, and it must be done within the bounds of reason and common sense. A lawyer’s responsibility to protect and advance the interests of his client does not warrant a course of action propelled by ill motives and malicious intentions against the other party.
Read February 1996 Resolution, August 1996 Resolution