A.C. No. 12815 - EDRALYN B. BERZOLA, COMPLAINANT, VS. ATTY. MARLON O. BALDOVINO.

Ruling

Accordingly, he represented the man claiming to be Lawrence in filing a petition for nullity of marriage. Atty. Baldovino added that the affidavits of Edralyn's witnesses are self-serving. Further, the case against him is a pure legal conclusion absent evidence that Lawrence left the Philippines in 2009 since his travel documents only showed that he returned in the country in 2011. [10] In her Reply, [11] Edralyn explained that Atty. Baldovino could have ascertained the true identity of his client, assuming that someone misrepresented himself as Lawrence, by requesting documents or asking questions. At any rate, Lawrence already admitted that he hired the services of Atty. Baldovino but did not participate in the case. Clearly, Atty. Baldovino knowingly misrepresented another person as Lawrence before the court. On May 29, 2017, the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) recommended the disbarment of Atty. Baldovino for securing a favorable judgment through false pretenses, insidious machinations and unethical conduct, [12] to wit: Here, the evidence against the respondent is simply overwhelming. Complainant had sufficiently and satisfactorily proven that respondent violated the Canons of Professional Responsibility when through false pretenses, insidious machinations and unethical conduct, he was able to secure a judgment in Civil Case No. 128-P'09. The following facts are undisputed: a) respondent was counsel of record for complainant's husband, Lawrence Antonio, in a petition for the declaration of nullity of marriage x x x denominated as Civil Case No. 128-P'09; b) respondent drafted the petition, prepared the Judicial Affidavit of Lawrence Antonio and presented a person who identified and attested to the declarations in the Judicial Affidavit; c) respondent also presented a certain Dr. Carina S. Roman, a purported psychologist who it turns out, is not even registered with the Professional Regulatory Commission. At all times material to the filing of the said case and up to the issuance of a Decision therein, [ i.e. ], the year 2009, respondent's client Lawrence Antonio was not in the Philippines at all. This is primordially supported by the Certification of the Bureau of Immigration that the very first or earliest record of Antonio's travel was on March 14, 2011 which is the date of his arrival in the Philippines. There is no record of her husband's departure from the Philippines prior to March 14, 2011 x x x. which, together with Affidavit of Rosalinda Berzola Tomei x x x, reinforces complainant's assertion that her husband left the Philippines under an assumed name. Lending credence to Antonio's absence in 2009 is the [ Regolarizzazione Colf E Badanti ] x x x, under which the Italian government implemented an amnesty program for undocumented domestic helpers who as of June 30, 2009 had been illegally employed for at least three months and who were still employed at the time the program was opened. It is