Adelfa Properties, Inc. Vs. Atty. Restituto S. Mendoza A.C. No. 8608. October 16, 2019

Adelfa Properties, Inc. Vs. Atty. Restituto S. Mendoza A.C. No. 8608. October 16, 2019

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65821

Peralta

Adelfa Properties, Inc. (complainant) is a corporation duly organized and existing under the laws of the Republic of the Philippines, the majority stockholders of which are then Senator Manuel B. Villar, Jr. and his wife Senator Cynthia Villar. The corporation is primarily engaged in real estate development. Imperative to its business operation, Adelfa maintains a pool of lawyers, each of which is assigned as in-house counsel to its affiliate companies.

## Issues

Complainant pointed out that in the illegal dismissal complaint which Atty. Mendoza filed against them, it is apparent that its filing was tainted by malice and caprice. In the said labor case, complainant averred that Atty. Mendoza asked for: (1) P73,433.54 per month as full backwages, (2) recovery of all salary increases due him, (3) performance bonuses given every six months of the year, (4) moral damages of P30,000,000.00, (5) exemplary damages of P30,000,000.00, and (6) attorney's fees equivalent to 15% of the total award.

To aggravate the situation, complainant lamented that on April 20, 2010, Atty. Mendoza even had himself interviewed by ABS-CBN TV Patrol where he maliciously claimed that he was dismissed from employment because he does not want to participate in the corrupt practices of the company. He also said therein that Senator Villar uses his influence and power to obtain favorable decisions in land disputes, when in truth, he had neither worked with Senator Villar nor the latter asked him to do work for him.

One rule adopted to serve this purpose is the attorney-client privilege: an attorney is to keep inviolate his client's secrets or confidence and not to abuse them. Thus, the duty of a lawyer to preserve his client's secrets and confidence outlasts the termination of the attorney-client relationship, and continues even after the client's death.

Here, Atty. Mendoza's actuation of allowing himself to be interviewed by the media, thus, utilizing that forum to accuse his former employer of committing several illegal activities and divulging information which he secured in the course of his employment while he was the complainant's in-house counsel, no matter how general the allegations are, is an act which is tantamount to a clear breach of the trust and confidence of his employer.
While the Court finds no violation of the rule on non-disclosure of privileged communication, the acts of Atty. Mendoza, in allowing himself to be interviewed by the media constitute gross misconduct in his office as attorney, for which a suspension from the practice of law is warranted.

## Decisions

**WHEREFORE,** the Court finds Atty. Restituto S. Mendoza **GUILTY** of violation of Rules 13.02, Canon 21, 21.01 and 21.02 of the Code of Professional Responsibility for which he is **SUSPENDED** from the practice of law for a period of six (6) months, effective upon receipt of this Resolution, with a **STERN WARNING** that a commission of the same or similar offense in the future will result in the imposition of a more severe penalty.

Let
 a copy of this Resolution be entered into the records of Atty.
Restituto S. Mendoza and furnished to the Office of the Clerk of Court,
the Office of the Bar Confidant, the Integrated Bar of the Philippines,
and all courts in the Philippines, for their information and guidance.

Atty. Mendoza is **DIRECTED** to **INFORM**
 the Court of the date of his receipt of this Resolution so that the
Court can determine the reckoning point when his suspension shall take
effect.

## Trivia

* https://news.abs-cbn.com/-depth/04/12/10/man-who-turned-his-back-villar
* https://mannyvillarjr.blogspot.com/2010/04/how-villar-built-business-empire-with\_21.html
* https://news.abs-cbn.com/nation/04/12/10/how-villar-built-business-empire-deceit-corruption-ex-lawyer
* https://newsinfo.inquirer.net/273216/villar-ex-lawyer-pleads-not-guilty-to-libel
* https://pinayla.blogspot.com/2010/04/villar-became-billionaire-through.html