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    Buted vs. Hernando AC 1359

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    cristine jagodilla
    Atty. Hernando represented both Luciana Abadilla and Benito Bolisay in separate but related legal matters regarding ownership of a property. However, in the second case Atty. Hernando represented interests that were adverse to those of his previous client, Bolisay. The Supreme Court ruled that Atty. Hernando had a conflict of interest as the Canons of Professional Ethics prohibit representing conflicting interests, especially using confidential information from one client against another. Despite claims that he did not disclose secrets, the mere fact that Atty. Hernando represented opposing sides was enough to find a conflict. Atty. Hernando was suspended for 5 months.

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    Buted vs. Hernando AC 1359

    Uploaded by

    cristine jagodilla
    465 views1 page
    Atty. Hernando represented both Luciana Abadilla and Benito Bolisay in separate but related legal matters regarding ownership of a property. However, in the second case Atty. Hernando represented interests that were adverse to those of his previous client, Bolisay. The Supreme Court ruled that Atty. Hernando had a conflict of interest as the Canons of Professional Ethics prohibit representing conflicting interests, especially using confidential information from one client against another. Despite claims that he did not disclose secrets, the mere fact that Atty. Hernando represented opposing sides was enough to find a conflict. Atty. Hernando was suspended for 5 months.

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    Buted vs. Hernando AC 1359

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    Atty. Hernando represented both Luciana Abadilla and Benito Bolisay in separate but related legal matters regarding ownership of a property. However, in the second case Atty. Hernando represented interests that were adverse to those of his previous client, Bolisay. The Supreme Court ruled that Atty. Hernando had a conflict of interest as the Canons of Professional Ethics prohibit representing conflicting interests, especially using confidential information from one client against another. Despite claims that he did not disclose secrets, the mere fact that Atty. Hernando represented opposing sides was enough to find a conflict. Atty. Hernando was suspended for 5 months.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    465 views1 page

    Buted vs. Hernando AC 1359

    Uploaded by

    cristine jagodilla
    Atty. Hernando represented both Luciana Abadilla and Benito Bolisay in separate but related legal matters regarding ownership of a property. However, in the second case Atty. Hernando represented interests that were adverse to those of his previous client, Bolisay. The Supreme Court ruled that Atty. Hernando had a conflict of interest as the Canons of Professional Ethics prohibit representing conflicting interests, especially using confidential information from one client against another. Despite claims that he did not disclose secrets, the mere fact that Atty. Hernando represented opposing sides was enough to find a conflict. Atty. Hernando was suspended for 5 months.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Buted vs.

    Hernando AC 1359
    TOPIC: Legal Ethics, Conflict of Interests
    FACTS:
    Atty. Hernando was counsel for Luciana Abadilla and Angela Buted for a partition case of the late Teofilo Buteds
    lot. He successfully defended the case. When Luciana died, Hernando withdrew appearance. Luciana once sold
    the property to Benito Bolisay but it appears that the TCT was issued to the Sy couple. Upon filing specific
    performance, Bolisay got Atty. Hernando to represent him (free of charge). They succeeded in ejecting the
    couple. Atty. Hernando claims to have terminated relationship with Bolisay. In February 1974, Atty. Hernando
    filed a petition, in behalf of Lucianas heirs without their consent, to cancel TCT of Bolisay couple over the lot. The
    couple filed disapproval. The case was dismissed for prescription. In August of 1974, Bolisay couple filed an
    administrative complaint against Atty. Hernando for having abused personal secrets obtained by him as their
    counsel

    ISSUE:
    Whether or not respondent Hernando had a conflict of interests

    HELD:
    Yes. The Supreme Court ruled that Atty. Hernando had a conflict of interest. In the action for specific
    performance, Atty Hernando defended the Bolisay couples right to ownership but assailed the very same right in
    the cadastral proceeding in favor of Lucianas heirs. The Canons of Professional Ethics prohibits conflicting
    interests for lawyers. It is unprofessional to represent conflicting interests, except by express consent of all
    concerned given after a full disclosure of the facts. Within the meaning of this canon, a lawyer represents
    conflicting interests when, in behalf of one client, it is his duty to contend for that which duty to another client
    requires him to oppose. The obligation to represent the client with undivided fidelity and not to divulge his secrets
    or confidence forbids also the subsequent acceptance of retainers or employment from others in matters
    adversely affecting any interest of the client with respect to which confidence has been reposed.And despite Atty
    Hernandos claim that he had never seen nor taken hold of the Transfer Certificate of Title or that he divulged any
    confidential information belonging to the Bolisay couple, that the mere fact that respondent had acted as counsel
    for Benito Bolisay in the action for specific performance should have precluded him from appearing as counsel for
    the other side in in the cancellation of the Transfer Certificate of Title of the spouses. There is no necessity for
    proving the actual transmission of confidential information to an attorney in the course of his employment by his
    first client in order that he may be precluded from accepting employment by the second or subsequent client
    where there are conflicting interests between the first and the subsequent clients. The prohibition on conflict of
    interest was designed not only to prevent the dishonest practitioner from fraudulent conduct, but as well to
    protect the honest lawyer from unfounded suspicion of unprofessional practice. Although the relation of attorney
    and client has terminated, and the new employment is in a different case; nor can the attorney use against his
    former client any knowledge or information gained through their former connection.

    SUSPENDED for 5 months.

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