Lawyer disbarred for making fake court order

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Friday, September 5, 2014

THE Supreme Court (SC) disbarred a lawyer for creating a dubious court order in relation to an inheritance case in 2003.

Found guilty of gross misconduct under the Code of Professional Responsibility is Pedro Diamante, whose name in the roll of attorneys has been ordered delisted by the SC.

Diamante was hired by Jose Allan Tan to fight for his share in a property of the late couple Luis and Natividad Valencia-Tan.

Tan claimed to be a recognized illegitimate son of Luis.

Tan's complaint however was dismissed by the Bacolod City Regional Trial Court.

The SC said Diamante received notification of the dismissal as early as August 14, 2007 yet his client only knew it 10 days later after visiting the lawyer in his office.

During the meeting, Diamante allegedly asked payment for appeal fees and other costs.

But Tan could not produce the money at the time, so he decided to give the lawyer payment for reservation fee for the filing of a notice of appeal before the court.

The court junked Tan's appeal on September 18, 2007 for failure to file it on time.

Instead of informing Tan of this setback, Diamante showed him a court order dated November 9, 2007 directing the submission of DNA test results to prove that he is the son of Luis.

Noting the technical requirements needed for a DNA test, Tan asked the court to extend the deadline for the submission of the results.

But the clerk of court told him in a certification that the order for the DNA test was spurious and his appeal had long been dismissed.

In its decision, the SC described Diamante's acts as "so reprehensible, and his violations of the CPR are so flagrant, exhibiting his moral unfitness and inability to discharge his duties as a member of the bar.”

“Therefore, in view of the totality of his violations, as well as the damage and prejudice caused to his client, respondent deserves the ultimate punishment of disbarment,” the high court said. (Sunnex)

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