SECOND DIVISION

[A.C. No. 9604. March 20, 2013.]

RODRIGO E. TAPAY and ANTHONY J. RUSTIA , complainants, vs . ATTY.

CHARLIE L. BANCOLO and ATTY. JANUS T. JARDER , respondents.

DECISION

CARPIO , J : p

The Case
This administrative case arose from a Complaint led by Rodrigo E. Tapay (Tapay)
and Anthony J. Rustia (Rustia), both employees of the Sugar Regulatory Administration,
against Atty. Charlie L. Bancolo (Atty. Bancolo) and Atty. Janus T. Jarder (Atty Jarder) for
violation of the Canons of Ethics and Professionalism, Falsi cation of Public Document,
Gross Dishonesty, and Harassment. HICATc

The Facts
Sometime in October 2004, Tapay and Rustia received an Order dated 14 October
2004 from the O ce of the Ombudsman-Visayas requiring them to le a counter-a davit
to a complaint for usurpation of authority, falsi cation of public document, and graft and
corrupt practices led against them by Nehimias Divinagracia, Jr. (Divinagracia), a co-
employee in the Sugar Regulatory Administration. The Complaint 1 dated 31 August 2004
was allegedly signed on behalf of Divinagracia by one Atty. Charlie L. Bancolo of the Jarder
Bancolo Law Office based in Bacolod City, Negros Occidental.
When Atty. Bancolo and Rustia accidentally chanced upon each other, the latter
informed Atty. Bancolo of the case led against them before the O ce of the
Ombudsman. Atty. Bancolo denied that he represented Divinagracia since he had yet to
meet Divinagracia in person. When Rustia showed him the Complaint, Atty. Bancolo
declared that the signature appearing above his name as counsel for Divinagracia was not
his. Thus, Rustia convinced Atty. Bancolo to sign an a davit to attest to such fact. On 9
December 2004, Atty. Bancolo signed an a davit denying his supposed signature
appearing on the Complaint led with the O ce of the Ombudsman and submitted six
specimen signatures for comparison. Using Atty. Bancolo's a davit and other
documentary evidence, Tapay and Rustia led a counter-a davit accusing Divinagracia of
falsifying the signature of his alleged counsel, Atty. Bancolo.
In a Resolution dated 28 March 2005, the O ce of the Ombudsman provisionally
dismissed the Complaint since the falsi cation of the counsel's signature posed a
prejudicial question to the Complaint's validity. Also, the Office of the Ombudsman ordered
that separate cases for Falsi cation of Public Document 2 and Dishonesty 3 be led
against Divinagracia, with Rustia and Atty. Bancolo as complainants.
Thereafter, Divinagracia led his Counter-A davit dated 1 August 2005 denying that
he falsi ed the signature of his former lawyer, Atty. Bancolo. Divinagracia presented as
evidence an a davit dated 1 August 2005 by Richard A. Cordero, the legal assistant of
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Atty. Bancolo, that the Jarder Bancolo Law O ce accepted Divinagracia's case and that
the Complaint led with the O ce of the Ombudsman was signed by the o ce secretary
per Atty. Bancolo's instructions. Divinagracia asked that the O ce of the Ombudsman
dismiss the cases for falsi cation of public document and dishonesty led against him by
Rustia and Atty. Bancolo and to revive the original Complaint for various offenses that he
filed against Tapay and Rustia.
In a Resolution dated 19 September 2005, the O ce of the Ombudsman dismissed
the criminal case for falsi cation of public document (OMB-V-C-05-0207-E) for
insufficiency of evidence. The dispositive portion states: IaDTES

WHEREFORE, the instant case is hereby DISMISSED for insu ciency of

evidence, without prejudice to the re- ling by Divinagracia, Jr. of a proper
complaint for violation of RA 3019 and other offenses against Rustia and Tapay.

SO ORDERED. 4

The administrative case for dishonesty (OMB-V-A-05-0219-E) was also dismissed

for lack of substantial evidence in a Decision dated 19 September 2005.
On 29 November 2005, Tapay and Rustia led with the Integrated Bar of the
Philippines (IBP) a complaint 5 to disbar Atty. Bancolo and Atty. Jarder, Atty. Bancolo's law
partner. The complainants alleged that they were subjected to a harassment Complaint
led before the O ce of the Ombudsman with the forged signature of Atty. Bancolo.
Complainants stated further that the signature of Atty. Bancolo in the Complaint was not
the only one that was forged. Complainants attached a Report 6 dated 1 July 2005 by the
Philippine National Police Crime Laboratory 6 which examined three other letter-
complaints signed by Atty. Bancolo for other clients, allegedly close friends of Atty. Jarder.
The report concluded that the questioned signatures in the letter-complaints and the
submitted standard signatures of Atty. Bancolo were not written by one and the same
person. Thus, complainants maintained that not only were respondents engaging in
unprofessional and unethical practices, they were also involved in falsi cation of
documents used to harass and persecute innocent people.
On 9 January 2006, complainants led a Supplement to the Disbarment Complaint
Due to Additional Information. They alleged that a certain Mary Jane Gentugao, the
secretary of the Jarder Bancolo Law Office, forged the signature of Atty. Bancolo.
In their Answer dated 26 January 2006 to the disbarment complaint, respondents
admitted that the criminal and administrative cases led by Divinagracia against
complainants before the O ce of the Ombudsman were accepted by the Jarder Bancolo
Law O ce. The cases were assigned to Atty. Bancolo. Atty. Bancolo alleged that after
being informed of the assignment of the cases, he ordered his staff to prepare and draft
all the necessary pleadings and documents. However, due to some minor lapses, Atty.
Bancolo permitted that the pleadings and communications be signed in his name by the
secretary of the law o ce. Respondents added that complainants led the disbarment
complaint to retaliate against them since the cases led before the O ce of the
Ombudsman were meritorious and strongly supported by testimonial and documentary
evidence. Respondents also denied that Mary Jane Gentugao was employed as secretary
of their law office.
Tapay and Rustia led a Reply to the Answer dated 2 March 2006. Thereafter, the
parties were directed by the Commission on Bar Discipline to attend a mandatory
conference scheduled on 5 May 2006. The conference was reset to 10 August 2006. On
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the said date, complainants were present but respondents failed to appear. The
conference was reset to 25 September 2006 for the last time. Again, respondents failed to
appear despite receiving notice of the conference. Complainants manifested that they
were submitting their disbarment complaint based on the documents submitted to the
IBP. Respondents were also deemed to have waived their right to participate in the
mandatory conference. Further, both parties were directed to submit their respective
position papers. On 27 October 2006, the IBP received complainants' position paper dated
18 October 2006 and respondents' position paper dated 23 October 2006. AHDaET

The IBP's Report and Recommendation

On 11 April 2007, Atty. Lolita A. Quisumbing, the Investigating Commissioner of the
Commission on Bar Discipline of the IBP, submitted her Report. Atty. Quisumbing found
that Atty. Bancolo violated Rule 9.01 of Canon 9 of the Code of Professional Responsibility
while Atty. Jarder violated Rule 1.01 of Canon 1 of the same Code. The Investigating
Commissioner recommended that Atty. Bancolo be suspended for two years from the
practice of law and Atty. Jarder be admonished for his failure to exercise certain
responsibilities in their law firm.
In her Report and Recommendation, the Investigating Commissioner opined:
. . . . In his answer[,] respondent Atty. Charlie L. Bancolo admitted that his
signature appearing in the complaint led against complainants' Rodrigo E.
Tapay and Anthony J. Rustia with the Ombudsman were signed by the secretary.
He did not refute the ndings that his signatures appearing in the various
documents released from his o ce were found not to be his. Such pattern of
malpratice by respondent clearly breached his obligation under Rule 9.01 of
Canon 9, for a lawyer who allows a non-member to represent him is guilty of
violating the aforementioned Canon. The fact that respondent was busy cannot
serve as an excuse for him from signing personally. After all respondent is a
member of a law rm composed of not just one (1) lawyer. The Supreme Court
has ruled that this practice constitute negligence and undersigned nds the act a
sign of indolence and ineptitude. Moreover, respondents ignored the notices sent
by undersigned. That showed patent lack of respect to the Integrated Bar of the
Philippine[s'] Commission on Bar Discipline and its proceedings. It betrays lack of
courtesy and irresponsibility as lawyers.

On the other hand, Atty. Janus T. Jarder, a senior partner of the law rm
Jarder Bancolo and Associates Law O ce, failed to exercise certain
responsibilities over matters under the charge of his law rm. As a senior
partner[,] he failed to abide to the principle of "command responsibility". . . . .
xxx xxx xxx

Respondent Atty. Janus Jarder after all is a seasoned practitioner, having

passed the bar in 1995 and practicing law up to the present. He holds himself out
to the public as a law rm designated as Jarder Bancolo and Associates Law
O ce. It behooves Atty. Janus T. Jarder to exert ordinary diligence to nd out
what is going on in his law rm, to ensure that all lawyers in his rm act in
conformity to the Code of Professional Responsibility. As a partner[,] it is his
responsibility to provide e cacious control of court pleadings and other
documents that carry the name of the law rm. Had he done that, he could have
known the unethical practice of his law partner Atty. Charlie L. Bancolo.
Respondent Atty. Janus T. Jarder failed to perform this task and is
administratively liable under Canon 1, Rule 1.01 of the Code of Professional
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Responsibility. 7

On 19 September 2007, in Resolution No. XVIII-2007-97, the Board of Governors of

the IBP approved with modi cation the Report and Recommendation of the Investigating
Commissioner. The Resolution states:
RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and
APPROVED, with modi cation , the Report and Recommendation of the
Investigating Commissioner of the above-entitled case, herein made part of this
Resolution as Annex "A"; and, nding the recommendation fully supported by the
evidence on record and the applicable laws and rules, and considering
Respondent Atty. Bancolo's violation of Rule 9.01, Canon 9 of the Code of
Professional Responsibility, Atty. Charlie L. Bancolo is hereby SUSPENDED from
the practice of law for one (1) year.
HAEDCT

However, with regard to the charge against Atty. Janus T. Jarder, the Board
of Governors RESOLVED as it is hereby RESOLVED to AMEND, as it is hereby
AMENDED the Recommendation of the Investigating Commissioner, and
APPROVE the DISMISSAL of the case for lack of merit. 8

Tapay and Rustia led a Motion for Reconsideration. Likewise, Atty. Bancolo led his
Motion for Reconsideration dated 22 December 2007. Thereafter, Atty. Jarder led his
separate Consolidated Comment/Reply to Complainants' Motion for Reconsideration and
Comment Filed by Complainants dated 29 January 2008.
In Resolution No. XX-2012-175 dated 9 June 2012, the IBP Board of Governors
denied both complainants' and Atty. Bancolo's motions for reconsideration. The IBP Board
found no cogent reason to reverse the ndings of the Investigating Commissioner and
affirmed Resolution No. XVIII-2007-97 dated 19 September 2007.
The Court's Ruling
After a careful review of the records of the case, we agree with the ndings and
recommendation of the IBP Board and nd reasonable grounds to hold respondent Atty.
Bancolo administratively liable.
Atty. Bancolo admitted that the Complaint he led for a former client before the
O ce of the Ombudsman was signed in his name by a secretary of his law o ce. Clearly,
this is a violation of Rule 9.01 of Canon 9 of the Code of Professional Responsibility, which
provides:
CANON 9

A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE

UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 — A lawyer shall not delegate to any unquali ed person the
performance of any task which by law may only be performed by a member of
the Bar in good standing.

This rule was clearly explained in the case of Cambaliza v. Cristal-Tenorio , 9 where
we held: AacDHE

The lawyer's duty to prevent, or at the very least not to assist in, the
unauthorized practice of law is founded on public interest and policy. Public
policy requires that the practice of law be limited to those individuals found duly
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quali ed in education and character. The permissive right conferred on the lawyer
is an individual and limited privilege subject to withdrawal if he fails to maintain
proper standards of moral and professional conduct. The purpose is to protect
the public, the court, the client, and the bar from the incompetence or dishonesty
of those unlicensed to practice law and not subject to the disciplinary control of
the Court. It devolves upon a lawyer to see that this purpose is attained. Thus, the
canons and ethics of the profession enjoin him not to permit his professional
services or his name to be used in aid of, or to make possible the unauthorized
practice of law by, any agency, personal or corporate. And, the law makes it a
misbehavior on his part, subject to disciplinary action, to aid a layman in the
unauthorized practice of law.

In Republic v. Kenrick Development Corporation , 1 0 we held that the preparation and

signing of a pleading constitute legal work involving the practice of law which is reserved
exclusively for members of the legal profession. Atty. Bancolo's authority and duty to sign
a pleading are personal to him. Although he may delegate the signing of a pleading to
another lawyer, he may not delegate it to a non-lawyer. Further, under the Rules of Court,
counsel's signature serves as a certi cation that (1) he has read the pleading; (2) to the
best of his knowledge, information and belief there is good ground to support it; and (3) it
is not interposed for delay. 1 1 Thus, by a xing one's signature to a pleading, it is counsel
alone who has the responsibility to certify to these matters and give legal effect to the
document.
In his Motion for Reconsideration dated 22 December 2007, Atty. Bancolo wants us
to believe that he was a victim of circumstances or of manipulated events because of his
unconditional trust and con dence in his former law partner, Atty. Jarder. However, Atty.
Bancolo did not take any steps to rectify the situation, save for the a davit he gave to
Rustia denying his signature to the Complaint led before the O ce of the Ombudsman.
Atty. Bancolo had an opportunity to maintain his innocence when he led with the IBP his
Joint Answer (with Atty. Jarder) dated 26 January 2006. Atty. Bancolo, however, admitted
that prior to the preparation of the Joint Answer, Atty. Jarder threatened to le a
disbarment case against him if he did not cooperate. Thus, he was constrained to allow
Atty. Jarder to prepare the Joint Answer. Atty. Bancolo simply signed the veri cation
without seeing the contents of the Joint Answer.
In the Answer, Atty. Bancolo categorically stated that because of some minor
lapses, the communications and pleadings led against Tapay and Rustia were signed
by his secretary, albeit with his tolerance. Undoubtedly, Atty. Bancolo violated the Code
of Professional Responsibility by allowing a non-lawyer to a x his signature to a
pleading. This violation is an act of falsehood which is a ground for disciplinary action.
The complainants did not present any evidence that Atty. Jarder was directly
involved, had knowledge of, or even participated in the wrongful practice of Atty. Bancolo
in allowing or tolerating his secretary to sign pleadings for him. Thus, we agree with the
finding of the IBP Board that Atty. Jarder is not administratively liable. AHSaTI

In sum, we nd that the suspension of Atty. Bancolo from the practice of law for one
year is warranted. We also find proper the dismissal of the case against Atty. Jarder.
WHEREFORE , we DISMISS the complaint against Atty. Janus T. Jarder for lack of
merit.
We nd respondent Atty. Charlie L. Bancolo administratively liable for violating Rule
9.01 of Canon 9 of the Code of Professional Responsibility. He is hereby SUSPENDED
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from the practice of law for one year effective upon nality of this Decision. He is warned
that a repetition of the same or similar acts in the future shall be dealt with more severely.
Let a copy of this Decision be attached to respondent Atty. Charlie L. Bancolo's
record in this Court as attorney. Further, let copies of this Decision be furnished to the
Integrated Bar of the Philippines and the O ce of the Court Administrator, which is
directed to circulate them to all the courts in the country for their information and
guidance.
SO ORDERED .
Brion, Del Castillo, Perez and Perlas-Bernabe, JJ., concur.

Footnotes

1.Docketed as OMB-V-C-04-0445-I and OMB-V-A-04-0429-I.

2.Docketed as OMB-V-C-05-0207-E.
3.Docketed as OMB-V-A-05-0219-E.
4.IBP Records (Vol. I), p. 14.
5.Docketed as CBD Case No. 05-1612.

6.Sub-Office Report No. 0008-2005.

7.IBP Records (Vol. III), pp. 4-6.
8.Id. at 1.
9.478 Phil. 378, 389 (2004).

10.529 Phil. 876 (2006).

11.RULES OF COURT, Rule 7, Section 3.

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