A.C. No. 13242 – 924 Phil. 596 – Legal Ethics – CPRA; Canon II; Propriety – Improper Claim of Influence – Fidelity; Deceitful Conduct
Remedial Law – Evidence – Electronic Evidence – Text Messages; How Authenticated
Feliza Asuncion married Julio Asuncion in 1983. However, without her first marriage being annulled, she married Charles Ferrari in 1988. In 2013, Feliza wanted to make it appear that she was capacitated to marry Charles in 1988 hence, Roger Asuncion, her son, sought the help of Atty. Ronaldo Salvado who agreed to deliver the ante-dated legal documents which will make it appear that indeed Feliza was capacitated to marry in 1988. Salvado demanded Php700k as payment. Roger and Salvado reduced their agreement into writing (MOA).
After paying a total of Php350k, Roger demanded for results as his mother needed the documents. However, Salvado got irked with Roger’s demands. Salvado sent Roger several scathing text messages such as:
Roger, I hav been telling u ever since n hndi promulgate ang decisyon n kailangan natin hanggat d nabibigay ang kalahati…den yung copy ng decisyn wil b transmitted 2 d NSO and Local Civil Registrar 4 d annotation ng annulment s marriage contract…i told u 2 wks ang timeline mula pagbgay ng kalahati b4 u wil be provided wid a copy ng Decisyn.. .wala dn mangyayari if u gve d 5ok dhl dapt mabuo yung 35ok n kalahati b4 promulgate nila decisyn..if we gve dem d 100k now, sa feb 18 nila bgay certified true copy decisyn! Paulit2 ko ng snabi s inyo yan pero d nyo ako iniintindi! Nuon pa man, sinasbi ko n s inyo na hndi ako kundi grupo ng contact ko ang nagproproseso ng docs! Kung tapos n yn at nasakin na bkt d ko pa bgay? Eversince ang budget ang nging problema! Tagal n sana tapos yn.
Roger then filed a disbarment case against Salvado. He used the MOA and the screenshots of the text messages as evidence against Salvado.
Salvado ignored the summons and notices from the IBP. It was only when a recommendation for his suspension was issued that he interposed the defense that 1) the text messages cannot be admitted as evidence against him for the reason that there was no proof that they really originated from his cellular number, and 2) Roger is no longer interested in pursuing the case.
ISSUE: Whether or not Salvado’s defense has merit.
HELD: No.
1. Text messages being an ephemeral electronic communication may be authenticated by the testimony of a person who was a party to the same or has personal knowledge thereof. In the absence or unavailability of such witnesses, other competent evidence may be admitted. Here, the testimony of Roger – a party to the text messages, is sufficient to prove the contents thereof.
2. Though he attacked the admissibility of the text messages, he did not deny the contents of the messages. The MOA and the text messages support the allegations of Roger. Salvado impliedly admitted that he promised to deliver a favorable judgment annulling Felizas’ marriage with Julio Asuncion through his connections within two months; that he can deliver an ante-dated decree of annulment. Keeping in mind the annulment process in the Philippines, Salvado knew right from the start that a judgment would not be promulgated in a matter of two months from the filing of a petition for annulment. Worse, Salvado agreed to deliver an antedated judgment considering that what complainant needed is a court decision bearing a date prior to July 28, 1988—the day Feliza married Charles Ferrari.
Salvado’s deceitful and illegal acts, coupled by the fact that this is already his third infraction, merit his disbarment.
