Case digest of Caronan vs Caronan A.C. 11316

Case digest of Caronan vs Caronan A.C. 11316 July 12, 2016 Complainant: Patrick A. Caronan vs Respondent: Richard A. Caronan a.k.a. “Atty. Patrick A. Caronan” Facts: Complainant and respondent are full siblings and both completed their secondary education at Makati High School where they graduated in 1993 and in 1991, respectively. Complainant graduated at the University of Makati in 1997 with a degree in Business Administration. He married Myrna G. Tapis in 2001 with whom he has two daughters. Concurrently, respondent enrolled at Pamantasan ng Lungsod ng Maynila (PLM) for one year and then transferred to Philippine Military Academy in 1992 where he was discharged after a year. Respondent was not able to obtain any college degree since then. In 1999, respondent enrolled in St Mary’s Law School in Nueva Vizcaya and passed the Bar examinations in 2004. Complainant had knowledge of such events but did not mind as he did not anticipate any adverse consequences to him. In 2009, complainant realized that respondent had been using his name to perpetrate crimes. Complainant

filed

the

present

Complaint-Affidavit

to

stop

respondent's alleged use of the former's name and identity, and illegal practice of law. Respondent denied all the allegations against him and invoked res judicata as a defense. He maintained that his identity can no longer be raised as an issue as it had already been resolved in CBD Case No. 09-2362 where the IBP Board of Governors dismissed the administrative case filed against him, and which case had already been declared closed and terminated by the Supreme Court in A.C. No. 10074.32 Moreover, according to him, complainant is being used by Reyes and her spouse, Brigadier General Joselito M. Reyes, to humiliate, disgrace, malign, discredit, and harass him because he filed several administrative and criminal complaints against them before the Ombudsman. On June 15, 2015, IBP Investigating

Commissioner Jose Villanueva Cabrera issued his Report and Recommendation, finding respondent GUILTY of illegally and falsely assuming complainant's name, identity, and academic records. Since respondent falsely assumed the name, identity, and academic records of complainant and the real "Patrick A. Caronan" neither obtained the bachelor of laws degree nor took the Bar Exams, the Investigating Commissioner recommended that the name "Patrick A. Caronan" with Roll of Attorneys No. 49069 be dropped and stricken off the Roll of Attorneys. He also recommended that respondent and the name "Richard A. Caronan" be barred from being admitted as a member of the Bar; and finally, for making a mockery of the judicial institution, the IBP

was

directed

to

institute

appropriate

actions

against

respondent. Issue: Whether or not the Integrated Bar of the Philippines (IBP) erred in their ordering that (a) the name “Patrick A. Caronan” be stricken off the Roll of Attorneys; and (b) the name “Richard A. Caronan” be barred from being admitted to the Bar. Ruling: No. Respondent Richard A. Caronan a.k.a. "Atty. Patrick A. Caronan" (respondent) is found GUILTY of falsely assuming the name, identity, and academic records of complainant Patrick A. Caronan (complainant) to obtain a law degree and take the Bar Examinations. The Court hereby resolves that: (1) the name "Patrick A. Caronan" with Roll of Attorneys No. 49069 is ordered DROPPED and STRICKEN OFF the Roll of Attorneys; (2) respondent is PROHIBITED from engaging in the practice of law or making any representations as a lawyer; (3) respondent is BARRED from being admitted as a member of the Philippine Bar in the future; ( 4) the Identification Cards issued by the Integrated Bar of the Philippines to respondent under the name "Atty. Patrick A. Caronan" Certificates

and

the

issued

Mandatory in

such

Continuing

name

are

Legal

Education

CANCELLED

and/or

REVOKED; and (5) the Office of the Court Administrator is ordered to CIRCULATE notices and POST in the bulletin boards of all courts of the country a photograph of respondent with his real name, "

Richard A. Caronan," with a warning that he is not a member of the Philippine Bar and a statement of his false assumption of the name and identity of "Patrick A. Caronan."