CASE DIGEST: Ortigas Plaza Development Corporation v. Atty. Tumulak

 


ORTIGAS PLAZA DEVELOPMENT CORPORATION v. ATTY. EUGENIO S. TUMULAK,  AC. NO. 11385, 2017-03-14

 

Facts:

Complainant Ortigas Plaza Development Corporation owned the parcel of land located in Ortigas Avenue Extension, Pasig City.

The complainant alleges that at around 11:00 a.m. of November 29,  2012, Atty. Tumulak, accompanied by uniformed guards of the Nationwide Security Agency, Inc., unlawfully entered and took control of the entrance and exit of the property. It appears that prior to the incident, Atty. Tumulak had furnished several documents to the complainant, including the deed of assignment executed by one Henry F. Rodriguez as the administrator of the Estate of the late Don Hermogenes R. Rodriguez designating Atty. Tumulak as an assignee.

The documents furnished by Atty. Tumulak were all related to the intestate proceedings of the Estate of the late Don Hermogenes Rodriguez which involved the claim of the heirs of the late Don Hermogenes Rodriguez to several parcels of land situated all over the country.

The complainant charges Atty. Tumulak with deceit, dishonesty and fraud for claiming to have coordinated with the proper government agencies prior to the illegal and forcible intrusion.[3] The complainant manifests that as a lawyer, Atty. Tumulak ought to know that the claim of his principal in the property was barred by res judicata due to the valid issuance of a Torrens title under its name. Accordingly, his conduct constituted conduct unbecoming of a lawyer deserving of sanction.

Atty. Tumulak denies having been present when the security guards of Nationwide Security Agency entered the complainant's property. He insists that the allegations against him were pure hearsay because Ms. Montero, the representative of the complainant, had no personal knowledge of the incident; that the documents he had furnished to the complainant included records of the intestate proceedings in the RTC involving the Estate of the late Don Hermogenes Rodriguez and Antonio Rodriguez; that he had no hand in procuring the documents; that he did not himself enter the property; and that the entry into the property was effected by the sheriff pursuant to a writ of execution.

Report and Recommendation of the IBP found Atty. Tumulak to have violated Rules 1.01 and 1.02, Canon 1 of the Code of Professional Responsibility. Commissioner Espina recommended the suspension of Atty. Tumulak from the practice of law for two years.

Issues:

disbarment of Atty. Eugenio S. Tumulak for his participation in the forcible intrusion into the complainant's property.

Did Atty. Tumulak violate Rules 1.01 and 1.02, Canon 1 of the Code of Professional Responsibility when he facilitated the implementation of the writ of execution and the entry into the complainant's property?

Ruling:

Atty. Tumulak deserves to be severely sanctioned for violating the Lawyer's Oath and the Code of Professional Responsibility.

a) Atty. Tumulak knew, or ought to know, that property claims based on Spanish title can no longer be cited as legitimate basis for ownership as of 16 February 1976 by virtue of Presidential Decree No. 892... b) Respondent lawyer, as a long-time practitioner (admitted to the Bar in 1971), is presumed to know that the Supreme Court has promulgated a case specifically addressing the fake titles arising from spurious "Deed of Assignment" of the supposed Estate of Don Hermogenes Rodriguez. This is the 2005 case of Evangelista, et al. vs. Santiago  where the same modus as the one adopted by respondent lawyer, was used by an "assignee" in claiming properties located in Paranque, Las Pinas, Muntinlupa, Cavitc, Batangas, Pasay, Taguig, Makati, Pasig, Mandaluyong, Quezon City, Caloocan, Bulacan, and Rizal, allegedly as part of the Estate of Don Hermogenes Rodriguez;

We find respondent's actions highly questionable and contrary to legal protocol: (i) the court documents were issued by the RTC-Iriga City, Br. 94; (ii) it "affects" a property located in Pasig City; (iii) respondent lawyer became the "assignee" of a Pasig City property; (iv) no taxes were paid for the "assignment"; (v) assistance of the Sheriff of Pasig was not enlisted by respondent, instead, he enlists the help of the Sheriff of Manila; (vi) all that the Sheriff of Manila did was to deliver the RTC-Iriga, Br. 34 court documents to complainant but with a twist; the Sheriff and respondent lawyer were escorted by a phalanx of security guards; (vii) the uniformed guards, obviously upon instruction, took over and/or controlled the gates of OPDC offices with attendant force and intimidation. Respondent lawyer's claimed innocence cannot prevail over these illegalities of which he, or his agents, had a hand.

Atty. Tumulak cannot deny his personal participation in the unlawful and forcible intrusion into the property just because the complainant did not establish his physical presence thereat at the time. In fact, such physical participation was not even necessary in order to properly implicate him in personal responsibility for the intrusion after he admitted having furnished to the complainant the deed of assignment and other documents as the source of his authority.

Atty. Tumulak had been discharging his role as the assignee since the time of the execution of the deed of assignment on March 22, 2010. Considering that he had been in charge of doing all the actions necessary to enforce the interest of his principal since March 22, 2010, and that the forcible intrusion complained about occurred on November 29, 2012, or more than two years from the execution of the deed of assignment, he is reasonably and ineluctably presumed to have coordinated all the actions leading to the intrusion.

Finally, even assuming that the amended decision was valid and enforceable, Atty. Tumulak could not legitimately resort to forcible intrusion to advance the interest of the assignor. The more appropriate action for him would be to cause the annulment of the complainant's title instead of forcibly entering the property with the aid of armed security personnel.

Atty. Tumulak was guilty of misconduct for circumventing existing laws and disregarding settled rulings in order to commit injustice against the complainant. His conduct betrayed his Lawyer's Oath "to support [the] Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein." He breached Canon 1, Rules 1.01 and 1.02 of the Code of Professional Responsibility.

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND FOR LEGAL PROCESSES.

Rule 1.01 -A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 1.02 -A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

To the best of his ability, every lawyer is expected to respect and abide by the law, and to avoid any act or omission that is contrary thereto. The lawyer's personal deference to the law not only speaks of his or her commendable character but also inspires in the public a becoming respect and obedience to the law.

The sworn obligation of every lawyer under the Lawyer's Oath and the Code of Professional Responsibility to respect the law and the legal processes is a continuing condition for retaining membership in the Legal Profession. The lawyer must act and comport himself or herself in such a manner that would promote public confidence in the integrity of the Legal Profession.  Members of the Bar are reminded, therefore, that their first duty is to comply with the rules of procedure, rather than to seek exceptions as loopholes. A lawyer who assists a client in a dishonest scheme or who connives in violating the law commits an act that warrants disciplinary action against him or her.

The suspension from the practice of law or disbarment of a lawyer is justified if he or she proves unworthy of the trust and confidence imposed by the Lawyer's Oath, or is otherwise found to be wanting in that honesty and integrity that must characterize the members of the Bar in the performance of their professional duties.


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