Santos Ventura Hocorma Foundaon, Inc. v Ay. Richard Funk A.C. No. 99! "Au#ust $%, &$&' FAC(S) Hocorma Hocorma Foundato Foundaton n fled a complain complain or or disbarmen disbarmen agains agains responden. responden. I alleged alleged ha responden used o work as corporae secreary, counsel, chie executve ocer, and rusee o he oundaton rom !"#$ o !"#%. He also served as is counsel in several criminal and civil cases. &omplainan alleged ha responden fled an acton or 'uietng o tle and damages agains Hocorma on behal o (abalaca instue using inormaton he ac'uired while wih he oundaton. )s a deense, )*y. Funk conended ha he was hired by (abalaca Instue by +on eodoro -anos in !"# !"# o serve serve as direc direcor or and legal legal counse counsel. l. He emphas emphasi/ i/ed ed ha, ha, in all hese, hese, he a*orn a*orney ey0cl 0clien ien relatonship was always always beween -anos -anos and him. him. He was more more o -anos1 -anos1 personal lawyer han he lawyer o Hocorma Foundaton. -anos le2 or )merica o ge medical reamen. he ormer and )*y. Funk agreed ha he la*er would be paid paid or or his legal legal service servicess ou o he properte propertess ha ha -ano -anoss dona donaed ed or sold sold o he Hocorma Hocorma Foundaton. )*y. Funk also claimed ha he was auhori/ed o advise Hocorma and ollow up wih i -anos1 -anos1 sale or donaton donaton o a %0hecare %0hecare land in 3ampanga 3ampanga o (abalaca (abalaca Instue. Instue. )*y. )*y. Funk was o collec collec all expenses or he propery rans ranser er rom Hocorma Foundato Foundaton n ou o unds ha -anos -anos provided. I was -anos1 -anos1 inenton since since !"%4 o give give he land o (abalaca Instue Instue ree o ren ren and expenses. he oundaton laer reused o pay )*y. Funk1s ees, hus he severed his tes wih Hocorma. Four years laer, laer, he fled a sui agains Hocorma. he rial cour, &) and -& decided in avor o he responden. )2er hearing, he &ommi*ee on 5ar +iscipline 6&5+7 ound )*y )*y.. Funk o have violaed violaed &anon !%, 8ule !%.4$ o he 6&387 wih he aggravatng circumsance o a pa*ern o misconduc consistng o our cour appearances agains agains his ormer clien, he Hocorma Foundaton. he &5+ recommended )*y. )*y. Funk1s suspension rom he practce o law or one year. year. 8esponden moved or reconsideraton bu was denied. ISS*+) 9heher ISS*+) 9heher or no )*y. )*y. Funk berayed he rus and confdence o a ormer clien in violaton o he &38 when he fled several actons agains agains such clien on behal o a new one. H+-) H+-) &anon !%, 8ule !%.4$ o he &38 provides ha a lawyer canno represen con:ictng ineress excep excep by wri*e wri*en n consen consen o all concern concerned ed given given a2er a ull disclo disclosur sure e o he acs acs.. Here, Here, i is undeni undeniabl able e ha ha )*y )*y. Funk Funk was ormerl ormerly y he legal counsel counsel o Hocorm Hocorma a Found Foundat aton. on. ;ears ears a2er a2er erminatng his relatonship wih he oundaton, he fled a complain agains i on behal o anoher clien wihou he oundaton1s oundaton1s wri*en consen. )n a*orn a*orney ey owes owes his clien clien undivi undivided ded allegian allegiance. ce. 5ecaus 5ecause e o he highly highly fducia fduciary ry naur naure e o heir heir relatonship, sound public policy dicaes ha he be prohibied rom representng con:ictng ineress or discharging inconsisen dutes. he reason or his is ha a lawyer ac'uires knowledge o his ormer clien1s doings, wheher documened or no, ha he would ordinarily no have ac'uired were i no or he rus and confdence ha his clien clien placed on him in he ligh o heir relatonship. relatonship.
8esponden colleced a*orney1s ees rom he oundaton. hus, he had an obligaton no o use any knowledge he ac'uired during ha relatonship, including he ac ha he propery under litgaton exised a all, when he sued he oundaton.
