3/30/2021
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and FV/JVPHIL 11) were apprehended and impounded by the PCG in Bolinao,
Pangasinan and he worked and exerted extra efforts for their successful release from
PCG custody. [10] Also, Atty. Doctor rendered legal services in the cases pending before
the Department of Labor and Employment (DOLE) for violation of labor laws and
alleged illegal recruitment. He was requested by complainant to be her counsel in the
administrative case before the BFAR.[11]
Although, in the first four cases, which Atty. Doctor handled for complainant, the
subject matters involved were extremely important, which required so much labor,
time, and trouble, not only in litigation but close coordination and appearance before
concerned agencies of the government, he only charged complainant a reasonable
acceptance fee of P10,000.00 to P20,000.00 for each case and an appearance fee of
P3,000.00 to P7,000.00, depending on the distance of his residence to the place of
court appearance/litigation. Atty. Doctor was not able to collect his acceptance fee and
attorney's fee in the other cases for which he was hired by complainant, i.e., cases
before the DOLE in San Fernando City, Pampanga and Olongapo City, Zambales, the
Ombudsman, BFAR and MARINA.[12]
Atty. Doctor averred that he acted as counsel for complainant from April 2011 to July
23, 2011, when he suffered a stroke which affected his mobility and speech. Even then,
he forced himself to attend the scheduled hearing of complainant on a wheelchair and
with the aid of a walking cane. Complainant went to his residence and was able to see
for herself his actual medical condition. He was able to attend the BFAR hearing
scheduled on August 5, 2011. Atty. Doctor believes that herein complainant is not a
proper party with respect to matters and issues which are personal and exclusive
between him and his Taiwanese clients in the cases pending before the RTC and the
administrative case before the BFAR. He further argued that the recitals of complainant,
particularly paragraphs 4, 5, 6 and 8 of the complaint (i.e., pertaining to the delivery of
the cited amount from complainant to Atty. Doctor), constitute privileged
communication covered under the attorney client relationship. Without the consent or
waiver of his Taiwanese clients, he cannot be at liberty to discuss and answer the
allegations of complainant.[13]
IBP Report and Recommendation
The Report and Recommendation[14] of the Integrated Bar of the Philippines (IBP)Commission on Bar Discipline (IBP-CBD) dated April 25, 2016 recommended the
imposition of disciplinary action against Atty. Doctor for committing acts contrary to and
violative of Canon 16 and Canon 18, respectively, of the Code of Professional
Responsibility and imposed the penalty of suspension from the practice of law for six
months with a stem warning that his commission of a similar offense will be dealt with
more severely.[15]
The IBP-CBD found Atty. Doctor's defense of denial and his assertion of privileged
communication between a lawyer and his client, particularly as to his answer to
paragraphs 4, 5, 6 and 8 of the complaint (i.e., pertaining to the delivery of the cited
amount from complainant to Atty. Doctor), are without merit. Atty. Doctor did not
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