Zenaida Martin-Ortega Vs. Atty. Angelyn A. Tadena A.C. No. 12018. January 29, 2020

Zenaida Martin-Ortega Vs. Atty. Angelyn A. Tadena A.C. No. 12018. January 29, 2020

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65892

Diosdado Peralta

Issues
Accordingly, while it cannot be ruled with certainty that Atty. Tadena truly engaged in threats, intimidation, and the forcible entry into the subject property, the Court agrees with the Investigating Commissioner when he held that at the very least, Atty. Tadena could have advised her client to file and make the proper representation before the court, instead of surreptitiously entering the premises.
 * In her complaint, Zenaida narrated that she was married to Leonardo but has been separated from him since January 2011. From then on, she lived in a condominium unit located at 202A Centro Plaza, Scout Torillo, South Triangle, Quezon City, while Leonardo lived at 15-B Palawan Tower, Bay Gardens, Macapagal Avenue, Pasay City. Around 2:00p.m. on December 7, 2011, and while in Davao City, she received a frantic phone call from Mr. Michael Fral, the building administrator of Centro Plaza, informing her that her estranged husband, Leonardo, was at the lobby intimidating him and the building's security guards to gain entry to her unit. She immediately called her personal bodyguard, Mr. Allan A. Afable, to prevent Leonardo from entering said unit. Upon seeing Afable, Leonardo angrily scolded him and asked, "Ikaw ba yung bodyguard ng asawa ko? Gusto ko pumasok sa unit kasi maliligo ako. Asan na ang susi?" Afable apologized and said that he was specifically instructed by Zenaida not to allow him to enter. Then, about five (5) to seven (7) armed men came and asked him, "Ano bang problema dito pare? Bakit ayaw mong papasukin ang Bro namin? Sya naman ang may-ari ng unit. Asan pala ang amo mo? Gusto mo bang masaktan?" The men, however, left him alone as soon as responding policemen arrived.
 * Not long after, Atty. Tadena arrived and introduced herself as Leonardo's counsel. She talked to the policemen and when they left, she scolded Afable saying, "Walanghiya naman! Bakit ayaw mong papasukin ang may-ari? Asan na ang susi? Idedemanda kita kapag di mo ibinigay ang susi!" But Afable stood his ground. Atty. Tadena then called a locksmith to open the unit. When Afable tried to stop them, she angrily shouted at him, "Sige, pipigilan mo kami? Gusto mo talagang mademanda?" Feeling intimidated, Afable had no choice but to follow them to the unit as they forcibly opened its door. He, however, took photographs of the incident. Upon gaining entry of the unit, Leonardo and Atty. Tadena took pictures of the same, rummaged through Zenaida's personal belongings, and, thereafter, padlocked the door. Zenaida then instructed Afable to report the incident at the nearest police station. Subsequently, when Zenaida arrived at the unit from Davao City, she was surprised to discover that missing therefrom were her laptop computer and twelve (12) assorted ladies' luxury bags. She immediately summoned the security guard on duty who said that he saw Leonardo carrying some items when the latter left the building. This incident prompted Zenaida to file a robbery case against Leonardo and Atty. Tadena, as well as the instant administrative complaint against Atty. Tadena.
 * In the present case, it cannot be denied that complainant Zenaida failed to discharge that burden. As previously discussed, her bodyguard and witness curiously failed to declare Atty. Tadena's alleged misconduct in his police reports. Neither did he explain the reason for his omission. Apart from this, what cast more doubt on Zenaida's claims are the photographs she presented, supposedly showing Atty. Tadena in the act of breaking into her condominium unit. But these photographs are, at best, mere abstract illustrations that are extremely blurred. There is, therefore, an undeniable uncertainty surrounding the issues of whether Atty. Tadena, indeed, threatened Zenaida's bodyguard and whether she actually participated in the forceful opening of the subject condominium unit.

Decisions
WHEREFORE, the Court ADOPTS and APPROVES the Resolution of the Board of Governors of the Integrated Bar of the Philippines dated May 27, 2017. Thus, Atty. Angelyn A. Tadena is hereby ADMONISHED with a STERN WARNING that a repetition of the same or equivalent acts shall be dealt with more severely in the future.

Further, the Office of the Bar Confidant is DIRECTED to INITIATE administrative proceedings against Atty. Angelyn A. Tadena, Atty. Eric Reginaldo and Atty. Neil F. Cariaga for their apparent collusion in the filing of the petition for annulment of marriage of spouses Leonardo Ortega, Jr. and Zenaida Martin-Ortega.

Let a copy of this Decision be furnished the Office of the Bar Confidant and the Integrated Bar of the Philippines for their information and guidance. The Court Administrator is directed to circulate this Decision to all courts in the country.