Narrator: In the case of Ma. Luisa Hadjula vs Atty. Roceles F.

Madianda, the Supreme Court reprimanded

and admonished the respondent lawyer to be circumspect in her handling of information acquired as a
result of a lawyer-client relationship.

In 2002, the complainant charged the respondent lawyer with violation of Arts.209 (betrayal of trust by
an attorney/revelation of secrets) of RPC and Canon Nos. 15 and 21 of the Code of Professional
Responsibility.

The complainant alleged that she and respondent used to be friends as they both worked at Bureau of
Fire Protection whereat the respondent was the Chief Legal Officer while she was the Chief Nurse of
Medical, Dental and Nursing Services.

Complainant claimed that she approached the respondent for some legal advise………..

Client: Uy mareng attorney, kumusta ka na? Meron sana ako icoconsult sayo”

Atty: Ok naman, ikaw? Ang ganda mo pa rin mare ah..sus walang problema, ano bay un?

Client: Medyo personal mare eh..magkaibigan naman tayo kaya sayo ako lumapit.

Atty: Bakit, ano ba yun?

Client: Ganito kasi un, di ba kilala mo si Jacob? Ung officer dun sa admin division?

Atty: Ahhh…ung gwapo ska macho????

Client: Oo sya nga.. Kasi sobra syang nagpapacute sa akin kaya ayun, ako naman si tanga, pumatol..huhu

Atty: Hala, eh diba may asawa na un? Saka ikaw di may asawa kana? Illicit affair yan mare..

Client: Kaya nga ako lumapit sayo mare eh, ano gagawin ko? Napamahal na ako sa kanya saka nagbunga
ung pagmamahalan namin…huhuhu

Atty: Whaat??? Naku mahirap yan friend.

Client: Alam ko atty. Kaya gusto koi tama ung mga ginawa ko. Gusto ko magfile nga annulment sa asawa
ko at gusto ko panagutan nya ung anak namin.. Ito pala ung kopya ng marriage certificate ko saka kopya
ng birth certificate ng anak ko.

Atty: Naku friend, im so sorry..medyo complicated yang kaso mo saka alam mo naman Chief legal officer
ako ditto sa BFP, hindi ako pwede magpractice ng law. Kung gusto mo irefer kita sa lawyer friend ko.

Client? Huh? Bakit ngayon mo lang sinabi? Pagkatapos ko sabihin lahat ng sekreto ko
sayo..Pinagkatiwalaan kita..huhuhuhu..humanda ka irereklamo kita..

Atty: Eh di magreklamo ka,,keber…haha

Narrator: The complainant averred that respondent lawyer refused handling her case after she had
already heart her secrets. Her friendship with respondent soured after her filing of criminal and
disciplinary actions against the latter.
Respondent, in retaliation to the filing of the actions filed a counter complaint with the Ombudsman
charging her of falsification of public documents and immorality based on the disclosures the complainant
earlier made to respondent.

Ombudsman: What is the pleasure of the complainant lawyer in filing your counter-affidavit?

Atty: Your honor, I denied giving legal advise to the complainant. Wala pong lawyer-client relationship
between us. The confidential data and sensitive documents na sinasabi nya are in fact matters of common
knowledge na in the BFP.

Ombudsman: How can you say that she was not your client when she sought your legal advise?

Atty: No. She was never my client now we ever had any lawyer-client relationship. Hindi po totoo na
humingi sya sa akin ng legal advise regarding her personal problems or personal secrets. Wala din po sya
dineliver na khit anong legal document. That is because I never entertain legal queries or consultation
regarding personal matters since I know as a lawyer of the BFP that I am not allowed to privately practice
law and it might also result to conflict of interest. So totoo po nyan your honer, kapag may personal
matters referred to me, I just referred them to private law practitioners and never entertain the same,
nor listen to their stories or examine or accept any document.

Narrator: The client complainant went to TATA LINO to seek advise….

Client: Tata Lino, tulungan nyo po ako, tama po ba yung sinasabi ni atty na wala kaming lawyer-client
relationship?

Tata Lino: No! Mali ung contention ni atty. The moment na lumapit ka sa nooy welcoming na lawyer to
seek legal advice, a lawyer-client relationship evolved between sa inyong dalawa. Such relationship
imposes upon the lawyer certain restrictions circumscribed by the ethics of the profession. Hindi nya
pwede idisclose or ireveal anumang confidential information na nakuha nya during your legal
consultations. To constiture professional employment, it is not essential that the client employed the
attorney professionally on any previous occasion. The purpose of the rule on confidentiality is actually to
protect the client from possible breach of confidence as a result of a consultation with a lawyer.

Alam mo iha, sa bawat relasyon mahalaga ang trust and confidence, pero di lang tiwala ang kailangan sa
isang relasyon, dapat matuto ka rin kasing lumaban sa tukso. At saka huwag kang masyadong
mapagtiwala…kasi di naman lahat deserving pagkatiwalaan…

Narrator: Canon 14 provides that a lawyer shall not refuse his services to the needy.

Canon 15: A laywer shall observe candor, fairness and loyalty in all his dealing and transactions
with his clients.

Canon 17: A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and
confidence reposed in him.