A.C. No. 9422 - ATTY. FLORANTE S. LEGASPI, COMPLAINANT, V. ATTY. EL CID C. FAJARDO.

Ruling

accordingly, recommended that he be suspended from the practice of law for a period of six (6) months for violating the principle of conflict of interest under Rules 15.01 and 15.03, Canon 15 of the Code of Professional Responsibility (CPR). [22] The Investigating Commissioner found that respondent's acceptance of Gabriel's appointment as her attorney-in-fact in Civil Case No. CV-08-5950, while at the same time acting as collaborating counsel for Malino in the same case, is clearly a conflict of interest. It was ratiocinated that even assuming arguendo that respondent's functions as Gabriel's attorney-in-fact were merely clerical in nature, it is nevertheless undeniable that he placed himself in a. situation where he could easily manipulate one side to gain an advantage for the other. In this regard, the Investigating Commissioner even pointed out that respondent himself admitted that he accepted Gabriel's appointment as her attorney-in-fact as it was advantageous to Malino. [23] In a Resolution [24] dated June 5, 2015, the IBP Board of Governors adopted the Investigating Commissioner's report and recommendation, with modification increasing the recommended period of suspension to one (1) year. Respondent moved for reconsideration [25] but the same was denied in a Resolution [26] dated November 28, 2017. Consequently, the assailed Resolution, together with the entire records, was elevated to the Court for final action. [27] Albeit unnecessary, respondent filed a petition for review on certiorari [28] before the Court. [29] The Issue Before the Court The essential issue in this case is whether or not respondent should be administratively sanctioned for the acts complained of. The Court's Ruling The Court adopts the findings and recommendations of the Investigating Commissioner, as modified by the IBP Board of Governors. The relationship between a lawyer and his/her client should ideally be imbued with the highest level of trust and confidence. This is the standard of confidentiality that must prevail to promote a full disclosure of the client's most confidential information to his/her lawyer for an unhampered exchange of information between them. Needless to state, a client can only entrust confidential information to his/her lawyer based on an expectation from the lawyer of utmost secrecy and discretion; the lawyer, for his part, is duty-bound to observe candor, fairness and loyalty in all dealings and transactions with the client. [30] In this regard, Rules 15.01 and 15.03, Canon 15 of the CPR, respectively state: CANON 15 A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients Rule 15.01 A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. x x x x Rule 15.03 A lawyer shall not represent conflicting interests exce