Case Digest

Title: David and Marisa Williams vs. Atty Rudy Enriquez

AC No: 6353
Date: February 27, 2006

David and Marisa Williams (complainant) filed a Joint Complaint-Affidavit for

Disbarment against Attorney Rudy Enriquez (respondent) on the grounds of
Malpractice. *in violation of the code of Professional Responsibility and the
Canons of Professional Ethics.*

Facts of the case:

1. Marisa Williams bought a property in Negros Orriental and the Certificate of
Title was issued to her.
2. Marisa Williams is married to her American husband David Enriques but she have
not renounced her citizenship as a Filipino, *thus she is allowed to own a land in
the Philippines.*
3. Atty Enriquez filed a case against Marisa Williams and charged her with
falsification of public documents which was docketed.

Complainants defense:

David and Marisa Williams are claiming that Atty Enriquez has an outdated knowledge
of the law. The "Williams" are arguing that marrying an alien does not imply that
Marisa has renounced her citizenship as stated to Article IV Section 4 of the 1987
Constitution. The complainants also claims that the respondent filed a false claim
as a way of extortion.

Respondents defense:
In Response, Atty. Enriquez stated that Marisa is no longer a citizen of the
Philippines due to her marriage with an alien, David Williams. In his "Comments by
Way of Motion to Dismiss", he pointed out that the complaint for disbarment is a
form of diversion from the criminal charges that the complainants are facing.

Recommendation

From RTC:
The RTC ruled in favor of the complainants, and the respondent should be suspended
for 6 months with a warning and an recommendation to study the advices given to
clients. He was charged guilty of gross ignorance of the law ruled by the IBP
Commision on Bar Discipline.

SC Conclusion
As written by J Callejo, Sr., the SC also ruled in favor of the complainants;
stating that under the Canon 5 of the Code of Professional Responsibility requires
that a lawyer be updated with the latest laws and jurisprudence. The Investigating
Commisioner stated that disbarment is too harsh of a penalty.
WHEREFORE, for gross ignorance of the law, Atty. Rudy T. Enriquez is REPRIMANDED
and ADVISED to carefully study the opinions he may give to his clients. He is
STERNLY WARNED that a repetition of a similar act shall be dealt with more
severely.