Hegna v. Paderanga
Hegna v. Paderanga
Hegna v. Paderanga
[A.C.No.5955.September8,2009.]
DECISION
PERALTA,J :
On February 8, 2002, the MTCC granted the Motion for Execution of Judgment
filedbycomplainant,andissuedaWritofExecutiononFebruary18,2002.
OnFebruary21,2002,SheriffEdilbertoSuarinoftheMTCC,Branch8ofCebuCity
leviedoncertainpersonalpropertiesofthereindefendants.4
OnMarch1,2002,thereindefendantsrequestedthecomplainanttomoveforthe dismissal of the
complaint against them so as to prevent the issuance of the writ of execution thereon. While therein
defendants wanted to amicably settle the case,
however,theyfailedtomentiontheproposedsettlementamountstatedinthedecision
datedDecember21,2001.
Subsequently, respondent Atty. Goering G.C. Paderanga 3led an A7davit of Third-
PartyClaim5 dated March5,2002 beforeSheriffSuarin,thesheriffexecuting the
judgmentinthesaidcivilcase.Inthesaida7davit,respondentclaimedthathewasthe owner of Lot No.
3653-D-1 and a FUSO (Canter series) vehicle, which he bought from therein defendants on
November 27, 2001,6 and December 12, 2001,7 respectively,
bothofwhichcouldbeerroneouslyleviedbyawritofexecutionissuedinthecivilcase.
OnApril3,2002,SheriffSuarintriedtolevythereindefendants'parceloflandand
motorvehicle,butfailedtodosobecauseofthethird-partyclaim3ledbyrespondent.8
Subsequently, on April 24, 2002, respondent 3led a Complaint 9 for Annulment of
Judgmentwithprayerfortheissuanceofaninjunctionandtemporaryrestrainingorder
(TRO)withdamagesagainstcomplainantbeforetheRegionalTrialCourt(RTC),Branch
13ofCebuCity,docketedasCaseNo.CEB-27614,entitled Mr.EliseoPanaguinip,Mrs.
Ma.TeresaPanaguinip and Goering G.C.Paderangav.JohnHegna,MilaHegna,Judge
EdgemeloC.RosalesandEdilbertoR.Suarin.
InanOrder10 datedMay13,2002,theRTCissuedawritofpreliminaryinjunction
enjoiningtheMTCCtodesistfromfurtherproceedingwiththecivilcase,andtheSheriff to desist from
conducting a public auction of the levied properties of therein
defendants.TheRTCsubsequentlydismissedrespondent'scomplaintforannulmentof
judgmentinitsDecision11 datedJune29,2006.
In a letter dated June 3, 2002, 3led with the OBC, complainant alleged that he was 3ling a
complaint against respondent for "deliberately falsifying documents, causing delay and a possible
denial of justice to be served inCivil Case No.R-45146".
Heallegedthatafterthedecisioninthesaidcivilcasewasrendered,thereindefendants called him on the
telephone, requesting the stay of the execution of judgment, as the
latterwouldbesettlingtheiraccountswithintendays,buttheyfailedtocomply.
OnMarch14,2003,complainant 3led acriminal complaint12 for falsi3cationof public
documents against respondent; false testimony and perjury against therein defendants; and
falsi3cationunder paragraph6,Article171 oftheRevised PenalCode against Atty. Elena Marie
Madarang, notary public, before the O7ce of the City ProsecutorofCebuCity.Anent thecomplaint
against respondent,complainant averred that thethird-partyclaim was fullof irregularities,to wit:(a)
theDeed of AbsoluteSale involving Lot No. 3653-D-1, covered by TCT No. T-11127, dated
November 27, 2001, had no record of transfer inthe Register of Deeds of CebuCity; (b) the
registrationof themotorvehicleallegedlyownedbyrespondentbyvirtueoftheDeedofAbsoluteSale
Based on the resolution of the City Prosecutor's o7ce in Cebu City, the complaint
against thePanaguinip spouses and Attys. Paderanga and Madarang (thenotary public)
wasdismissedforlackofprimafacieof guilt.Such resolution is accorded great weight but
certainly not conclusive considering the administrativenatureof thisinstantcomplaint.In
criminal prosecutions,a prima facie evidence is necessary but in this instant case,
substantial evidence is all that[is]necessarytosupportaguiltyverdict.
According to the Respondent, it was perfectly normal for him to obtain properties
without registering the same under his own name. In his Position
Paper,heevencitedseveralothertransactionswherehemerely possessedDeeds of Sale but
not Certi3cation of Registration or Transfer Certi3cates of Title. He alleged that for
ESTATE PLANNING purposes, he intentionally left these
While Complainant cannot fully prove the existence offalsity in the execution of
the A7davit of Third Party Claim, this Commissioner is convinced thattherewasindeedan
anomaly which constitutesa violation of theCanonsof ProfessionalResponsibility.
A lawyer ought to have known that he cannot acquire the property of his
clientwhichisinlitigation....Respondentnecessitatesaheavypenaltysincethe
circumstances surrounding the transfer of ownership of properties tend to indicate an
anomalous transfer aimed to subvert the proper administration of justice. The numerous
discrepancies in the transfer document, some dismissed asclerical errorsand
otherexplained by incredulousstoriesby way of a7davits, compounded by the letter left
uncontested by Respondent Paderanga, inevitably lead a rational person to conclude that
Paderanga may not have acquired the properties prior to the judicial action of execution.
Even if the City Prosecutor found no prima faciecase of falsi3cation, this Commissioner
3nds substantial evidence to support a conclusion that Respondent Paderanga committed
an ethical violation and should bemeted thepenalty of suspension of 3ve(5) years
fromthepracticeoflaw.19
In a Resolution dated December 17, 2005, the IBP Board of Governors adopted
OnMarch23,2006,respondent3ledwiththeCourtaMotionforReconsideration of the
Resolution of the IBP Board of Governors and, on August 18, 2006, a
SupplementalMotionforReconsideration.
In a Resolution dated August 23, 2006, the Court referred the motion for
reconsiderationtotheIBP.
On December 11, 2008, the IBP issued a Resolution denying the motion for
reconsideration,andaffirmeditsResolutiondatedDecember17,2005.
Under Section27 of Rule13821 oftheRules ofCourt,amember oftheBar may bedisbarred
orsuspended onanyofthefollowing grounds:(1)deceit; (2)malpractice or other gross misconduct in
o7ce; (3) grossly immoral conduct; (4) conviction of a crime involving moral turpitude; (5)
violation of the lawyer's oath; (6) willful disobedience of any lawful order of a superior court; and
(7) willfully appearing as an attorney for a party without authority. In the present case, the Court
3nds respondent administrativelyliableforengagingindishonestanddeceitfulconduct.
Althoughrespondent denied having acted as counselfor thereindefendants,the Spouses
Panaguinip,inthe forcible entry case 3led by complainant,his involvement in the said case was still
highly suspect. After the writ of execution had been issued on February 18, 2002, he went with
defendants-spouses to amicably settle with complainant on two separate occasions, ostensibly to
protect his own interests. Complainant claimed that during those two meetings,respondent did not
disclose his ownership over the properties in question, leading the former to believe that respondent
was, in fact, the counsel for defendants-spouses. He averred that
respondentanddefendantspousesinitiallyofferedasettlementofP3,000.00,whichhe refused as he had
already spent P10,000.00 on court expenses. On their second
meeting,theofferhadbeenraisedtoP25,000.00,whichagaincomplainantdeclined,as the latter had,at
that time,spent P25,000.00.Complainant maintained that it was only after said meetings had
transpired that he received the a7davit of a third-party claim executed by respondent, stating that
the latter was the owner of the property and motor vehicle.On the other hand, respondent claimed
that the meetings took place in April2002,afterhehadfiledathird-partyclaim.
Had respondent been the rightful owner of a parcel of land and motor vehicle that were still
registered in the name of defendants-spouses, he should have immediatelydisclosed suchfact
immediatelyand 3led athird-partyclaim,as timewas of the essence.Moreover,intheir letter dated
March1,2002,defendants-spouses did not mention any transfer of ownership of the said properties
to respondent, as the former still believed that they owned the same. The continued possession and
ownership bydefendants-spouseswasalsoattested tobyacertainBrigidaLines,who
executedanAffidavit22 infavorofcomplainant.
Based on the foregoing, the Court is more inclined to believe that when complainant and
defendants-spouses failed to reach an agreement, respondent came forward as a third-party
claimant to prevent the levy and execution of said properties.
Notably,inthefalsi3cationcaseearlier3led,complainantwasabletociteseveral irregularities in
the documents evidencing the deeds of sale in question: the non- registration by respondent of the
sale transactions; a Community Tax Certi3cate number appearing on said deeds which was
different from that issued to defendant Ma. Teresa Panaguinip; and the erasures of the entries
pertaining to said deeds from theNotarialRegister.
Of these irregularities, only one can directly be attributable to respondent — his non-
registration of the sale transaction. He argues that the sales were valid despite non-registration, and
maintained that it was perfectly normal and regular for a lawyer like him to choose not to register
and cause the transfer of title of the land and the FUSO jeepney after the execution of the Deeds of
Sale, so the transactions would not appear in the records of the Bureau of Internal Revenue, the
City Assessor or the Register of Deeds, on the Land Registration O7ce.He added that he had also
bought four lots, which had not yet been transferred to his name, for estate planning or speculation
purposes. He claimed that he found it legally wise not to immediately registerafterbuying
sothathewouldnotpayfortheexpensesofthesaleandtransfer twice, once he decided to sell; or place
them in his children's name, and avoid paying estateandinheritancetaxesuponhisdeath.26
While the act of registration of a document is not necessary in order to give it legal effect
as between the parties, requirements for the recording of the instruments are designed to prevent
frauds and to permit and require the public to act with the presumption that a recorded instrument
exists and is genuine.27 However, while the RTC was correct in holding that said omission on
respondent's part may not be considered falsi3cation,he had shownanintent to defraud the
government,whichhad the right to collect revenue from him,as well as from other persons who may
have an interestinsaidproperties.
Respondent violated the Lawyer's Oath,whichmandates that he should support the
Constitution, obey the laws as well as the legal orders of the duly constituted authorities therein,
and do no falsehood or not consent to the doing of any in court. Further, he has also failed to live
up to the standard set by law that he should refrain from counseling or abetting activities aimed at
de3ance of the law or at lessening con3denceinthelegalsystem.28 Respondent'sact ofnon-
registrationofthedeedsof saleto avoid paying taxmaynot beillegalper se; but,as aservant of
thelaw,alawyer shouldmakehimselfanexemplarforotherstoemulate.Theresponsibilitiesofalawyer
are greater than those of a private citizen. He is looked up to in the community.29
Respondent must have forgotten that a lawyer must refrain from committing acts
whichgiveevenasemblanceofimproprietytotheprofession.
In cases wherein lawyers have similarly engaged in deceitful and dishonest conduct, the
Court has imposed the penalty of suspension from the practice of law
rangingfromsix(6)monthstoone(1)year.
In Spouses Donato v. Asuncion, Sr., 30 where therein respondent lawyer 3led a
Footnotes
1. Rollo,Vol.I,pp.3-5.
2. CitedintheAmendedComplaintdatedApril24,2002,filedbydefendantsandherein
respondentinCaseNo.CEB-27614,entitledMr.EliseoPanaguinip,Mrs.Ma.Teresa
PanaguinipandGoeringG.C.Paderangav.JohnHegna,MilaHegna,JudgeEdgemeloC.
RosalesandEdilbertoR.Suarin,id.at107-137.
3. Id.at6-7.
4. Id.at389.
5. Id.at10-11.
6. DeedofAbsoluteSaledatedNovember27,2001, rollo,Vol.I,p.12.
7. DeedofAbsoluteSaledatedDecember12,2001,id.at14.
8. DecisionoftheRTCdatedJune29,2006inCivilCaseNo.CEB-27614,entitledSpouses
PanaguinipandPaderangav.Hegna,etal.;rollo,Vol.II,pp.78-82.
9. Rollo,Vol.I,pp.107-137.
10. Id.at334-338.
29. IreneSantos-Tanv.Atty.RomeoR.Robiso,A.C.No.6383,March31,2009.
30. A.C.No.4914,March3,2004,424SCRA199.
31. A.C.No.4947,February14,2005,451SCRA194.