BRION vs. BRILLANTES A.C. No. 5305 March 17, 2003 FACTS:
Herein Herein respond respondent ent Brilla Brillante ntess was previo previousl usly y found found guilty guilty of Gross Gross Immoral Immorality ity and Appe Appear aran ance ce of Impr Improp opri riet ety y where wherein in he was was dism dismis isse sed d from from serv service ice and and barr barred ed from from reappointment in any branch, instrumentality or agency of the government, including GOCCs. etitioner Brion avers that respondent!s appointment as a consultant in the "ocal #ater $tilities Administration %"#$A& under a legal consultancy agreement, and later 'pecial Consultancy Agreement, violated the decree of perpetual perpe tual dis(ualification imposed upon him.
etitioner points out that in reality, respondent en)oys the same rights and privileges as a regul regular ar empl employ oyee, ee, whic which h cons consti titu tute te decei deceitf tful ul condu conduct ct,, gros grosss misc miscon onduc duct, t, and and will willfu full disobedience to a decree of this Court, and show that respondent is unfit to be a member of the Bar. On the other hand, respondent claims that per C'C *C +o. -, s. //0, consultancy contract shall not be considered government services and therefore not sub)ect to C'C laws, rules and regulations. ISSUE:
#1+ respondent Brillantes violated the Code and transgressed his oath as an officer of the Court HELD:
2es. 3espondent willfully violated a lawful order of the Court. 4he tas5s and duties that he performed cannot be deemed merely advisory in nature. In fact, his duties and functions pertain to a contractual employee of "#$A "#$A in the guise of an advisor or consultant. 'uch is a proof that he has transgressed both letter and spirit of this this Court!s decree in Atienza in Atienza vs. Brillantes case. Canon of Code of rofessional Conduct provides that A "awyer shall uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes. 3espond 3espondent ent!s !s disobed disobedien ience ce to the Court! Court!ss order order prohib prohibiti iting ng his reappoi reappointm ntment ent cannot cannot be camouflaged by a legal consultancy or a special consultancy contract. By performing duties and functions of a contractual employee of "#$A, and receiving compensation and per(uisites as such, he displayed acts of open defiance of the Court!s authority, and a deliberate re)ection of his oath as an officer of the court. It is also destructive of the harmonious relations that should prevail between Bench and Bar, a harmony necessary for the proper administration of )ustice. 'uch defiance not only erodes respect for the Court but also corrodes public confidence in the rule of law. Hence, the Court ordered for his suspension for one %& year and a fine of ten thousand %6,666& pesos.
3epublic of the hilippines SUREME COURT
*anila '7CO+8 8I9I'IO+ A.C. No. 5305 March 17, 2003 MARCIANO . BRION, !R., petitioner,
vs. FRANCISCO F. BRILLANTES, !R., respondent. "UISUMBIN#, J .:
In this petition for disbarment, complainant *arciano Brion, :r., charges the respondent, Atty. ;rancisco Brillantes, :r., of having willfully violated a lawful order of this Court in A.*. +o. *4:a reads? #H737;O37, respondent is 8I'*I''78 from the service with forfeiture of all leave and retirement benefits and with pre)udice to reappointment in any branch, instrumentality or agency of the government, including government
barring respondent from appointment to a government agency. etitioner points out in reality, respondent en)oys the same rights and privileges as a regular employee, to wit?0 . Issuance of "#$A properties such as a cellular phone with accessories, as evidenced by the covering roperty Issue 'lips with respondent signing as Accountable 7mployeeD . Official travel to various places in the country as shown by 3eports of Authori>ed 4ravel 5ept by "#$A!s General 'ervices 8ivisionE and 3eport of 4ravel accomplished by respondent himself= 0. 8esignation as supervising officer over other "#$A employees as brought to light by written instructions personally signed by respondentD. Attendance in water district conventions and meetings held in various provinces E. *embership in several sensitive "#$A committees such as the re(ualification, Bids, and Awards Committee %BAC&, Builda, as said designation is not an organic appointment to a "#$A plantilla position. Hence, according to respondent, the C'C need not pass approval upon his temporary designation. 3espondent also argues that all the members of the $rdaneta #ater 8istrict Board, especially the =th *ember, who comes from the "#$A, assumed such functions merely by virtue of a designation and only in addition to their regular duties. In any event, says respondent, his designation as =th *ember was revo5ed in April 666 and the 'pecial Consultancy Contract was
prea case, A.*. +o. *4:
albeit in the guise of an advisor or consultant, respondent has transgressed both letter and spirit of this Court!s decree in Atienza. 4he lawyer!s primary duty as enunciated in the Attorney!s Oath is to uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes./ 4hat duty in its irreducible minimum entails obedience to the legal orders of the courts. 3espondent!s disobedience to this Court!s order prohibiting his reappointment to any branch, instrumentality, or agency of government, including government owned and controlled corporations, cannot be camouflaged by a legal consultancy or a special consultancy contract. By performing duties and functions of a contractual employee of "#$A, by way of a consultancy, and receiving compensation and per(uisites as such, he displayed acts of open defiance of the Court!s authority, and a deliberate re)ection of his oath as an officer of the court. It is also destructive of the harmonious relations that should prevail between Bench and Bar, a harmony necessary for the proper administration of )ustice. 'uch defiance not only erodes respect for the Court but also corrodes public confidence in the rule of law. #hat aggravates respondent!s offense is the fact that respondent is no ordinary lawyer. Having served in the )udiciary for eight %& years, he is very well aware of the standards of moral fitness for membership in the legal profession. His propensity to try to get away with an indiscretion becomes apparent and ine@cusable when he entered into a legal consultancy contract with the "#$A. erhaps reali>ing its own mista5e, "#$A terminated said contract with respondent, but then proceeded to give him a special consultancy. 4his travesty could not be long hidden from public awareness, hence the instant complaint for disbarment filed by petitioner. Given the factual circumstances found by Commission on Bar 8iscipline, we have no hesitance in accepting the recommendation of the Board of Governors, Integrated Bar of the hilippines, that respondent be fined and suspended from the practice of law. 4he Code of rofessional 3esponsibility, 3ule .6, provides that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. ;or violating the Code as well as transgressing his oath as an officer of the court, his suspension for one %& year and a fine of ten thousand %6,666& pesos are in order. #H737;O37, respondent Atty. ;rancisco Brillantes, :r., is found liable for having willfully violated a lawful order of this Court in our decision of *arch /, //E rendered in A.*. +o. *4:
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8eclaring A +ational olicy ;avoring "ocal Operation and Control of #ater 'ystem Authori>ing the ;ormation of "ocal #ater 8istricts and roviding for the Government and Administration of 'uch 8istricts Chartering a +ational Administration to ;acilitate Improvement of "oca l #ater $tilities Granting 'aid Administration 'uch owers as are +ecessary to Optimi>e ublic 'ervice ;rom #ater $tility Operations and for Other urposes. 0
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Advisory, according to #ebster!s International 8ictionary, 0rd ed., means having or e@ercising power to advise. =
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"ee also Code of rofessional 3esponsibility, Canon . A lawyer shall uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes.
