Ac 10299
Ac 10299
Ac 10299
Facts:
Atty. Verano is the lawyer of Brodett and Tecson also known as the “Alabang Boys” on which they were
involved in an illegal sale and use of dangerous drugs. Because of the failure of Prosecutor John R.
Resado to ask clarificatory questions during the evaluation of the case, several media outlets reported
on incidents of bribery and "cover-up" allegedly prevalent in investigations of the drug trade.This
prompted the House Committee on Illegal Drugs to conduct its own congressional hearings. During a
Congressional hearing of such case, it was revealed that respondent had prepared the release order for
his three clients using the letterhead of the DOJ and the stationery of then Secretary Raul Gonzales
when the PDEA refused to issue the release order of his clients. Jimenez and Vizconde, as founders of
Volunteers against Crime and Corruption (VACC), sent a letter of complaint to Chief Justice Reynato S.
Puno. They stated that respondent had admitted to drafting the release order and thereby committed a
highly irregular and unethical act.
Respondent alludes to the Joint Inquest Resolution dropping the charges against his clients for lack of
probable cause, arguing that the resolution also ordered the immediate release of Brodett and Tecson.
PDEA still refused to release his clients unless it received a direct order from the DOJ Secretary, and he
was afraid that his clients would spend the Christmas in jail so helped the families by preparing the draft
release order on official DOJ stationery despite being unauthorized to do so.
Issue:
Whether or not the respondent is liable under Canon 13 of Code of Professional Responsibility?
Held:
Yes. Canon 13 Rule 1.02 states: "A lawyer shall not counsel or abet activities aimed at defiance of the
law or at lessening confidence in the legal system." Further, according to Rule 15.06, "a lawyer shall not
state or imply that he is able to influence any public official, tribunal or legislative body." The succeeding
rule, Rule 15.07, mandates a lawyer "to impress upon his client compliance with the laws and the
principles of fairness." It was admitted during the Congressional Hearing that the respondent personally
approached the DOJ Secretary despite the fact the case was still pending. He also caused the
preparation of the draft release order on official DOJ stationery despite being unauthorized to do so,
with the end view of “expediting the case”. The way respondent conducted himself manifested a clear
intent to gain special treatment and consideration from a government agency. The court further held
that, the primary duty of lawyers is not to their clients but to the administration of justice. To that end,
their clients’ success is wholly subordinate. The conduct of a member of the bar ought to and must
always be scrupulously observant of the law and ethics. Any means, not honorable, fair and honest
which is resorted to by the lawyer, even in the pursuit of his devotion to his client’s cause, is
condemnable and unethical.
WHEREFORE,in view of the foregoing, Atty. Felisberto L. Verano, Jr. is found GUILTY of violating Rules
1.02 and 15.07, in relation to Canon 13 of the Code of Professional Responsibility, for which he is
SUSPENDED from the practice of law for six (6) months effective immediately.