66. Quiambao vs. Atty.

Bamba

FELICITAS QUIAMBAO VS. ATTY. NESTOR BAMBA

Facts:
Felicitas Quiambao was the president and managing director of Allied Investigation
Bureau, Inc (AIB). Quiambao procured the legal services of Atty. Nestor Bamba for the
corporate affairs of AIB. Atty. Bamba was also the official legal counsel of an ejectment
case filed by Quiambao against spouses Santiago and Florito Torroba.
When Quiambao resigned from AIB, Atty. Bamba, without withdrawing as counsel from
the ejectment case, represented AIB in a complaint case for replevin and damages
against her. Quiambao filed charges against Atty. Bamba for representing conflicting
interests and violating the Code of Professional Responsibility. For his part, Atty. Bamba
denies that he was a personal lawyer of Quiambao, and he believes that it is part of his
duty to pursue cases in behalf of employees at the time Quiambao was working in AIB.
Even then, Atty. Bamba contends that the ejectment case and replevin case are
completely unrelated.

Issue:
Whether or not Atty. Bamba is guilty of misconduct for representing conflicting interests
in violation of the Code of Professional Responsibility.

Ruling:
Yes, Atty. Bamba is representing conflicting interests. Despite Atty. Bamba’s contention
that his legals services extend to AIB’s employees, this should not cover the personal
cases filed by its officers. Even though the replevin and ejectment case are unrelated,
representing opposing clients therein gives rise to suspicions of double-dealing, and
would thus result to a conflict of interest. Furthermore, Atty. Bamba failed to show that
he disclosed or procured the approval of Quiambao before pursuing the replevin case
against her. Atty. Bamba was found guilty of violating the Code of Professional
Responsibility and was suspended from practicing for one (1) year.