G.R. No. A.C. No. 12701 (C.B.D. 12-3626), February 26, 2020
Francisco Pagdanganan, Complainant, vs. Atty. Romeo C. Plata, Respondent.

FACTS

Complainant Francisco Pagdanganan is a member of the Samahang Maralita ng Sitio Bato-Bato Neighborhood Association, Inc. (SAMANAI). Respondent Atty. Romeo C. Plata is the legal counsel of Jose F. Eustaquio, the owner of a land in Taytay, Rizal. SAMANAI had entered into a contract to sell with Eustaquio but failed to pay the balance, leading Eustaquio to file an unlawful detainer case against SAMANAI members, including Pagdanganan. In a separate Grave Threats case filed against SAMANAI’s counsel, Atty. Clifford Equila, a Sinumpaang Salaysay dated July 31, 2012, was submitted, signed by various SAMANAI members. Pagdanganan’s printed name appeared on this document, but it was signed by his common-law wife, Merly de Loyola, not by Pagdanganan himself. Alleging unfair and untruthful statements in this Salaysay, Atty. Plata filed a case for Perjury with Damages on September 11, 2012, against Atty. Equila, several SAMANAI members, and Pagdanganan, praying for P20.5 million in damages. Pagdanganan filed this administrative complaint for disbarment, alleging his inclusion in the perjury case was not candid nor fair since he did not sign the Salaysay, and that the staggering damages sought were a mockery of the legal system intended to harass, injure, and oppress him. Atty. Plata defended his actions, justified the damages as compensation for tarnished reputation, and emphasized his intent to file another perjury case against Pagdanganan.

ISSUE

Whether Atty. Plata is guilty of misconduct meriting his suspension from the practice of law for two years.

RULING

Yes, Atty. Plata is guilty of gross misconduct and violation of the Lawyer’s Oath and the Code of Professional Responsibility. The Court adopted the findings and recommendation of the Integrated Bar of the Philippines (IBP). The Court found that Atty. Plata’s acts constituted inexcusable, shameful, and flagrantly unlawful conduct intended to harass and intimidate Pagdanganan. Specifically, the Court identified two acts as gross misconduct: (1) filing another case against Pagdanganan despite admitting various pending cases against SAMANAI members, and (2) reserving in his Answer to this administrative case that he would file another perjury case against Pagdanganan. These acts violated the lawyer’s duty not to promote or sue any groundless, false, or unlawful suit. The staggering amount of damages sought, under the circumstances, was deemed unconscionable and indicative of an intent to harass. Atty. Plata was found to have abused his prerogatives as a lawyer to intimidate those who displease him. Accordingly, the Court SUSPENDED Atty. Romeo C. Plata from the practice of law for two years with a STERN WARNING that a repetition of the same or a similar offense will warrant a more severe penalty.