GR L 16223; (February, 1920) (Digest)
G.R. No. L-16223; February 6, 1920
SIXTO HERNANDEZ, complainant, vs. ATTORNEY FRANCISCO VILLANUEVA, respondent.
FACTS:
Proceedings for the suspension or disbarment of Attorney Francisco Villanueva were initiated by complainant Sixto Hernandez. After investigation, the Attorney-General recommended dismissal of the first two charges but recommended disciplinary action on the third charge. The third and remaining charge alleged that while a case involving his client Florencia Anuran’s property was pending before the Supreme Court, respondent Villanueva purchased from her, for P500 and the value of his professional services, a parcel of land that was the subject matter of the litigation he was conducting.
ISSUE:
Whether Attorney Francisco Villanueva’s purchase of property from his client, which was the subject of pending litigation he was handling, constitutes a breach of professional ethics and a violation of law warranting disciplinary action.
RULING:
Yes. The Court found the third charge substantiated. It held that the last paragraph of Article 1459 of the Spanish Civil Code, which prohibits lawyers from purchasing, either personally or through another, any property or rights involved in any litigation in which they take part by virtue of their profession, remains in full force and effect. This provision, which was never expressly repealed, is consonant with common law principles and the canons of legal ethics (e.g., Section 10 of the Code of Ethics of the American Bar Association) aimed at preserving the high trust and confidence inherent in the attorney-client relationship and preventing conflicts of interest.
The Court rejected the respondent’s defenses. His alleged good faith belief that the Civil Code provision had been abrogated did not entirely pardon the violation, as a lawyer is expected to take reasonable precautions to avoid transgressing the law. Furthermore, the fact that the complaint was initiated by a third party and not the client is not fatal, as disbarment proceedings are pursued in the public interest to maintain the integrity of the legal profession.
Considering the respondent’s violation, balanced by his alleged good faith, long professional career, former high standing, and that this was his first transgression, the Court deemed suspension appropriate. The license of Attorney Francisco Villanueva to practice law was SUSPENDED for a period of six (6) months, effective from the date of the decision.