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Case: Lim v. Barcelona Citation: AC No. 5438, 2004 Topic: Deceit, Corrupt Activity and Gross Misconduct

Atty. Edilberto Barcelona, a lawyer formerly employed with the NLRC, was investigated by the NBI for deceit, malpractice, gross misconduct, immoral conduct, and violation of his oath as a lawyer. Barcelona contacted a complainant, Lim, and falsely claimed employees had filed a labor complaint against him and his business would be shut down unless he paid a P20,000 settlement. An NBI entrapment operation found Barcelona had committed deceit and corrupt activity. The Court ruled Barcelona failed to meet standards for his profession, finding him guilty of deceit, gross misconduct, and corrupt activity. He was disbarred from practicing law.

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Nelia Mae S. Villena
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142 views1 page

Case: Lim v. Barcelona Citation: AC No. 5438, 2004 Topic: Deceit, Corrupt Activity and Gross Misconduct

Atty. Edilberto Barcelona, a lawyer formerly employed with the NLRC, was investigated by the NBI for deceit, malpractice, gross misconduct, immoral conduct, and violation of his oath as a lawyer. Barcelona contacted a complainant, Lim, and falsely claimed employees had filed a labor complaint against him and his business would be shut down unless he paid a P20,000 settlement. An NBI entrapment operation found Barcelona had committed deceit and corrupt activity. The Court ruled Barcelona failed to meet standards for his profession, finding him guilty of deceit, gross misconduct, and corrupt activity. He was disbarred from practicing law.

Uploaded by

Nelia Mae S. Villena
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Case:

Lim v. Barcelona

Citation:

AC No. 5438, 2004

Topic:

Deceit, corrupt activity and gross misconduct

Facts:
Atty. Edilberto Barcelona was a lawyer formerly employed with the NLRC as chief of the Public
Assistance Center. He informed complainant Lim through phone that his employees filed a labor
complaint against him and it was necessary that he sees him and talk. Respondent visited him in his
office and told him to settle the case or else his business, Top Gun Billiards will be shut down. For
settlement, the amount was P20,000.
Subsequently, complainant, Lim, requested the NBI to investigate Barcelona, in which the NBI
then performed an entrapment operation where Barcelona was arrested on the grounds of: (a) deceit; (b)
malpractice or other gross misconduct in office; (c) grossly immoral conduct; (d) conviction of a crime
involving moral turpitude; and (e) violation of lawyers oath.
Issue:
Whether or not respondent committed a violation to CPR.
Ruling:
YES. As a lawyer, who was also a public officer, respondent miserably failed to cope with the
strict demands and high standards of the legal profession. The Court is convinced that the evidence
against respondent is clear and convincing. He is administratively liable for corrupt activity, deceit, and
gross misconduct. As correctly held by the Board of Governors of the IBP of the Philippines, he should not
only be suspended from the practice of law but disbarred.
WHEREFORE, respondent Atty. Edilberto Barcelona is found administratively guilty of corrupt
activity, deceit, and gross misconduct and is hereby ordered DISBARRED.

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