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Espina vs. Chavez (AC No. 7250, April 20, 2015)

Atty. Espina filed a complaint against Atty. Chavez for allegedly violating Rule 19.01 of the Code of Professional Responsibility by preparing and transmitting a criminal complaint against Atty. Espina, his wife, and parents on behalf of his client Remedios Enguio. The Court ruled that Atty. Chavez did not violate the rule as the criminal complaint was not patently frivolous or meritless, and there was no evidence it was filed solely to gain improper advantage for his client. To violate the rule, a complaint must be clearly groundless and filed with the intent of improper gain, which Atty. Espina failed to prove was the case regarding the complaint endorsed by Atty

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321 views1 page

Espina vs. Chavez (AC No. 7250, April 20, 2015)

Atty. Espina filed a complaint against Atty. Chavez for allegedly violating Rule 19.01 of the Code of Professional Responsibility by preparing and transmitting a criminal complaint against Atty. Espina, his wife, and parents on behalf of his client Remedios Enguio. The Court ruled that Atty. Chavez did not violate the rule as the criminal complaint was not patently frivolous or meritless, and there was no evidence it was filed solely to gain improper advantage for his client. To violate the rule, a complaint must be clearly groundless and filed with the intent of improper gain, which Atty. Espina failed to prove was the case regarding the complaint endorsed by Atty

Uploaded by

Linalyn Lee
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ESPINA v. ATTY.

JESUS CHAVEZ

A.C. No. 7250, 20 April 2015

Facts

Atty. Espina and his law firm represented Atty. Espina's parents in an ejectment suit
filed against Remedios C. Enguio (Enguio). Atty. Chavez then a Public Attorney III of
the Public Attorney's Office, Regional Office XIII, Butuan City represented Enguio.
While Atty. Chavez, as a Public Attorney, endorsed through a letter (transmittal letter)
to the Provincial Prosecutor, the filing of a criminal complaint for Violation of Article 172
(Falsification by private individual and use of falsified document) of the Revised Penal
Code (RPC) against Atty. Espina, his wife (who is a partner in his law office) and his
parents. This prompted Atty. Espina to file this instant case againt Atty. Chavez for
violation of Rule 19.01 of the CPR.

Issue:

Whether or not PAO III Jesus G. Chavez violated Rule 19.01 of Canon 19 of the Code of
Professional Responsibility when he prepared and transmitted the complaint of
Remedios Enquio.

RULING:

No. The Court held that Atty. Espina's position unmeritorious and without basis. What
Rule 19.01 prohibits is the filing or the threat of filing patently frivolous and
meritless appeals or clearly groundless actions for the purpose of gaining improper
advantage in any case or proceeding.18

Two elements are indispensable before a lawyer can be deemed to have violated this
rule: (i) the filing or threat of filing a patently frivolous and meritless action or appeal
and (ii) the filing or threat of filing the action is intended to gain improper advantage in
any case or proceeding.In this case Atty. Espina also failed to show that the criminal
complaint was patently frivolous, meritless and groundless, and that it was filed to gain
improper advantage in favor of his client.

The criminal complaint was not exactly unfounded or wanting in basis. The suit being
dismissed for lack of probable cause is of no consequence. The Court cannot expect
Atty. Chavez to be infallible in his judgment on the merit of every criminal charge he
endorses to the prosecutor. As long as the complaint is not patently frivolous and filed
solely to ensure improper advantage. Moreover there is no clear and concrete proof
that the falsification complaint was filed to ensure improper advantage to Enguio.The
premise of Atty. Espinas is not supported by evidence. The court cannot presume that
mere filing of the falsification complaint against the adverse party would lead to their
advantage

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