AC 10576; (January, 2015) (Digest)
G.R. No. A.C. No. 10576; January 14, 2015
ARCATOMY S. GUARIN, Complainant, vs. ATTY. CHRISTINE A.C. LIMPIN, Respondent.
FACTS
Complainant Arcatomy S. Guarin was formerly employed within the Legacy Group of Companies. He resigned from his position in August 2008. On November 27, 2008, respondent Atty. Christine A.C. Limpin, as Corporate Secretary of Legacy Card, Inc. (LCI), filed a General Information Sheet (GIS) with the Securities and Exchange Commission (SEC) that listed Guarin as a stockholder, Chairman of the Board of Directors, and President of LCI. Guarin filed a disbarment complaint, alleging that Atty. Limpin knowingly filed a false GIS, as he had already resigned, never held shares in LCI, and was never elected to those positions. Atty. Limpin admitted filing the GIS but claimed it was provisional and submitted in good faith, based on a prior text message exchange where Guarin agreed to meet to sign a Deed of Assignment for shareholdings (though he did not appear). She also presented Secretary’s Certificates bearing Guarin’s signature to support her claim. The Integrated Bar of the Philippines Commission on Bar Discipline (IBP CBD) found Atty. Limpin violated the Code of Professional Responsibility (CPR) and recommended a three-month suspension, which the IBP Board of Governors adopted.
ISSUE
Whether Atty. Christine A.C. Limpin violated the Code of Professional Responsibility by filing a false General Information Sheet with the SEC.
RULING
Yes, the Supreme Court found Atty. Limpin guilty of violating Canon 1, Rule 1.01, and Rule 1.02 of the CPR. The Court agreed with the IBP that there was no evidence Guarin was a stockholder of LCI, making him ineligible to be a director or president under the Corporation Code. Atty. Limpin’s certification of the GIS, which contained false information, constituted unlawful, dishonest, or deceitful conduct under Rule 1.01. Additionally, by allowing herself to follow the irregular practice of having a single individual appoint corporate officers contrary to the Corporation Code, she violated Rule 1.02, which prohibits counseling or abetting activities aimed at defiance of the law. The Court increased the recommended penalty, suspending Atty. Limpin from the practice of law for six months, with a warning that repetition would be dealt with more severely.