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Bonifacio VS Atty Era and Bragas

BONIFACIO VS ATTY ERA AND BRAGAS

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SJO1-G16-Montero, Sheridan Lei
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39 views2 pages

Bonifacio VS Atty Era and Bragas

BONIFACIO VS ATTY ERA AND BRAGAS

Uploaded by

SJO1-G16-Montero, Sheridan Lei
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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[ A.C. No.

11754, October 03, 2017 ]

JOAQUIN G. BONIFACIO, COMPLAINANT, V. ATTY. EDGARDO O. ERA AND ATTY. DIANE KAREN
B. BRAGAS, RESPONDENTS.

FACTS:

Sometime in 2003, an illegal dismissal case was lodged against Bonifacio and his
company, Solid Engine Rebuilders Corporation. Complainants therein, Abucejon
Group, were represented by Era and Associates Law Office through Atty. Era.

Meanwhile, an administrative complaint was filed against Atty. Era for representing
conflicting interests. In July 16, 2013, the Court found Atty. Era guilty of the
charge and imposed the penalty of suspension from the practice of law for two years
effective immediately, with a warning that his commission of a similar
offense will be dealt with more severely.

On November 28, 2013, the scheduled public auction over Bonifacio's and/or the
corporation's properties in the business establishment was conducted to implement
the alias writ. Atty. Era actively participated therein. He attended the public auction
and tendered a bid for his clients who were declared the highest bidders. On the
same day, a certificate of sale was issued, which Atty. Era presented to the
corporation's officers and employees who were there at that time.

On August 8, 2014, Bonifacio filed the instant administrative complaint.

ISSUES:

(1) Whether or not Atty. Era engage in the practice of law during his suspension.
(2)Whether or not Atty. Bragas is guilty of directly or indirectly assisting Atty. Era in his illegal practice of
law.

RULING:

(1) Yes. The Court sustains the findings and recommendations of the Board of
Governors. Atty. Era's acts constituted ''practice of law" during his suspension.

Practice of law means any activity, in or out of court, which requires the application of
law, legal procedure, knowledge, training and experience. "To engage in the practice
of law is to perform those acts which are characteristics of the profession. Generally,
to practice law is to give notice or render any kind of service, which device or service
requires the use in any degree of legal knowledge or skill."

(2)Yes. Atty. Bragas is guilty of assisting Atty. Era in his unauthorized practice of law
and, thus, must likewise be reproved. Atty. Bragas has knowledge of Atty. Era's suspension from the
practice of law and yet, she allowed herself to participate in Atty. Era's unauthorized practice.Therefore,
Atty. Bragas violated the CPR, specifically:

CANON 9 - A lawyer shall not, directly or indirectly, assist in the unauthorized


practice of law. Indeed, it is a lawyer's duty to prevent, or at the very least not to
assist in, the unauthorized practice of law. Such duty is founded upon public interest
and policy, which requires that law practice be limited only to individuals found duly
qualified in education and character

THEREFORE:
Atty. Edgardo O. Era is found GUILTY of willfully disobeying this Court's lawful order and is
SUSPENDED from the practice of law for a period of three (3) years. Atty. Era's intentional maneuver to
circumvent the suspension order not only reflects his insubordination to authority but also his disrespect
to this Court's lawful order

While Atty. Diane Karen B. Bragas is likewise found GUILTY of violating CANON 9 of the Code of
Professional Responsibility and is hereby SUSPENDED from the practice of law for one (1) month
effective immediately.

Also, both Attys. Era and Bragas are WARNED that a repetition of the same or similar offense, or a
commission of another offense will warrant a more severe penalty.

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