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CASE TITLE: 13. Buted vs. Atty. Hernando

GR NO/DATE: A.C. No. 1359 | October 17, 1991

Facts: The respondent Atty. Hernando claims that his lawyer-client relationship towards
the complainant spouses was terminated on December 4, 1969. The common heirs of
Abadilla who happen to be the registered co-owners in the original certificate of title
covering Lot No. 9439-B seeks cancellation of the Transfer Certificate of Title issued to
the complaint spouses. Without the latter’s consent, respondent Hernando filed a
petition on the behalf of the common heirs and even appeared in cadastral proceedings
against the complaint spouses.

Issue: Whether or not the respondent had a conflict interests under the aforementioned
circumstances.

Discussion of the Court: Even the respondent denied of having availed himself of any
confidential information relating to Lot 9439-B, the fact per se that the respondent had
acted as counsel for Benito Bolisay in the action for specific performance should have
prohibited respondent from acting or appearing as counsel for the other side in the
subsequent petition for cancellation of the TCT of the spouses Generosa and Benito
Bolisay.

Besides, the Canons of Professional Ethics asserts that an attorney owes loyalty to his
client not only in the case which he has represented him but after the relation of
attorney and client terminated and it is not a good practice to permit him afterwards to
defend in another case other persons against his former client under the pretext that the
case is distinct from, and independent of the former case.

Ruling of the Supreme Court: Atty. Hernando was suspended from his practice of law
for a period of five months that whenever he will commit the same offense again, he will
be subjected to a more severe penalty.

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MARIANO MARCOS STATE UNIVERSITY
COLLEGE OF LAW DLS – SY1920