Case Digest: Northwestern University, Inc. vs. Arquillo

02 August 2005
Ponente: Panganiban, J.


FACTS:


Ben A. Nicolas, in behalf of Northwestern University, filed a letter-complaint to the Integrated Bar of the Philippines allegedly reporting that Atty. Macario Arquillo had engaged in conflicting interest by acting as counsel for both complainant and respondent in the very same consolidated case filed to the National Labor Relations Commission. Respondent claims that there is no conflict-of-interests as all parties are said to be on the same side.


For failing to appear in scheduled hearings, Atty. Arquillo is deemed to have waived his right to participate in the proceedings.


ISSUE:


Whether or not the respondent is guilty of violating the conflict-of-interests rule under the Code of Professional Responsibility.

HELD:


Yes. 


 The Court held that Atty. Arquillo is guilty of violating the conflict-of-interests rule under the Code of Professional Responsibility. Canon 15 of the Code of Professional Responsibility requires lawyers to observe candor, fairness and loyalty in all their dealings and transactions with their clients. Therefore, a lawyer may not represent conflicting interests without the written consent of all parties involved, after disclosure of the facts. The Court did not agree with Arquillo’s justification of his acts for he should have known that in representing opposing parties, there would be an obvious conflict of interest, regardless of his belief that both parties are on the same side.


Atty. Macario Arquillo was found guilty of misconduct and was hereby suspended from the practice of law for a period of one year.