G.R. No. A.C. No. 4355, January 08, 2020
Atty. Pedro B. Aguirre, Complainant, v. Atty. Crispin T. Reyes, Respondent.

FACTS

Complainant Atty. Pedro B. Aguirre charged respondent Atty. Crispin T. Reyes with multiple violations of the Code of Professional Responsibility (CPR). The charges stemmed from Atty. Reyes’s actions in relation to his legal services for Banco Filipino and a derivative suit involving BF Homes and Tala Realty Services Corp. Specifically, Atty. Aguirre alleged that: (1) Atty. Reyes violated Rule 3.01 by making false claims in a memo dated December 20, 1993, where he stated he was “mainly instrumental in winning the Supreme Court case (GR 70054) to reopen BF” and made “a special arrangement,” which put the Supreme Court in a bad light; (2) Atty. Reyes violated Rule 8.01 in relation to Rule 19.01 by using abusive and improper language in a confidential memo dated March 28, 1994, and an Amended Complaint dated May 10, 1994, filed with the SEC, which contained allegations of “the biggest bank fraud” and described parties as having no “moral scruples”; and (3) Atty. Reyes violated Rule 19.01 by presenting unfounded criminal charges (estafa and falsification) against several individuals, including Atty. Aguirre, in multiple prosecutorial offices, constituting forum-shopping to obtain an improper advantage. Atty. Reyes filed a Counter-Complaint for Disbarment against Atty. Aguirre, alleging violations of the CPR related to his involvement with Tala Realty and the alleged plunder of Banco Filipino assets. The Integrated Bar of the Philippines – Commission on Bar Discipline (IBP-CBD) recommended dismissal of both complaints, noting Atty. Aguirre’s death in 2013 and that Atty. Reyes was a centenarian long retired from practice. The Court, in a related resolution, dismissed the counter-complaint against Atty. Aguirre due to his death. The only unresolved case was the original complaint (A.C. No. 4355) filed by Atty. Aguirre against Atty. Reyes.

ISSUE

Should the complaint for disbarment against Atty. Reyes still proceed despite the death of complainant Atty. Aguirre?

RULING

Yes, the complaint may proceed. A disbarment case is sui generis; it is an investigation by the Court into the conduct of its officers to determine their fitness to continue as members of the bar. The complainant is treated as a mere witness. Therefore, the death of the complainant does not prevent the Court from pursuing the charges and imposing the appropriate penalty if warranted. On the merits, the Court found Atty. Reyes GUILTY of violating Rule 8.01 of the CPR for using intemperate, abusive, and offensive language in his confidential memo and amended complaint. Describing a case as “the biggest bank fraud” and parties as lacking “moral scruples” and engaging in “sophisticated ‘plunder'” transcended the bounds of legitimate criticism and was improper. The Court imposed a FINE of Two Thousand Pesos (P2,000.00). However, the Court ABSOLVED Atty. Reyes of the charges of forum-shopping and violations of Rule 19.01, and Rule 10.03 in relation to Rule 12.02. The allegations of making false claims (Rule 3.01) were not sufficiently substantiated, and the filing of criminal complaints in multiple jurisdictions, while potentially constituting forum-shopping, was not clearly proven to be for obtaining an improper advantage as the complaints appeared to be based on his client’s instructions and involved different acts and accused persons.