Heirs of Lydio Falame vs. Atty. Edgar J. Baguio

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HEIRS OF LYDIO FALAME v. ATTY. EDGAR J.

BAGUIO
A.C. No. 6876 March 7, 2008

FACTS:
The Integrated Bar of the Philippines (IBP) Board of Governors dismissed a disbarment
complaint filed by the Heirs of Lydio "Jerry" Falame against Atty. Edgar J. Baguio. The
complainants claimed that their late father, Lydio "Jerry" Falame, engaged the services of
respondent to represent him in an action for forcible entry. Respondent, as counsel for the
defendants, filed the answer to the complaint in the first civil case and later used and
submitted evidence in the second civil case.

The complainants claimed that even after the Municipal Trial Court of Dipolog City had
ruled in favor of the defendants in the first civil case, Lydio retained the services of
respondent as his legal adviser and counsel for his businesses until his death on 8
September 1996. However, on 23 October 2000, respondent filed a case against the
complainants involving the property subject of the first civil case, which they claimed
violated his oath of office and duty as an attorney.

The respondent denied the complainants' allegations, stating that only Raleigh Falame
engaged his legal services on Lydio's behalf. He claimed he did not reveal any facts
during the attorney-client relationship in the first civil case.

The respondent argued that the IBP had no jurisdiction over the administrative case, as
the complainants filed it when Raleigh could no longer testify in his favor. The
complainants claimed that respondent violated Canon 15, Rule 15.03 of the Code of
Professional Responsibility (CPR) by representing conflicting interests when representing
Falame's spouses against Lydio's.

ISSUE:
Whether or not Atty. Baguio violated Canon 15, Rule 15.03 of the CPR.

RULING:
Yes, the court found the respondent guilty of the charge against him.

A lawyer cannot represent a client whose interest conflicts with their current or former
client without being guilty of professional misconduct. This rule applies to cases where
confidential communications have been confided or inconsistencies are remote or
probable. A lawyer must act in good faith and with no intention to represent conflicting
interests. The termination of an attorney-client relationship does not justify representing
an interest adverse to the former client.

Likewise, Canon 17 of the Code of Professional Responsibility states that a lawyer owes
fidelity to their client's cause and must be mindful of the trust and confidence reposed on
them. The protection given to the client is perpetual and does not cease with the
termination of litigation, ceasing to employ the attorney, retaining another, or any other
change of relation between them. In the case at bar, the respondent admitted to jointly
representing Lydio and Raleigh as defendants, despite only Raleigh paying him.

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