Professional Documents
Culture Documents
SYLLABUS:
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FACTS:
-complaint for suspension of respondent Atty. Patricio A. Ngaseo for
violation of the Code of Professional Responsibility and Article 1491 of
the Civil Code
-demanding from his client, complainant Federico N. Ramos, the
delivery of 1,000 square meters of land, a litigated property, as payment
for his appearance fees.
-counsel in a case 1 involving a piece of land
-Complainant alleges that he did not promise to pay the respondent 1,000
sq. m. of land as appearance fees.
-after the case has been decided, complainant received a demand-letter
from the respondent asking for the delivery of the 1,000 sq. m. piece of
land which he allegedly promised as payment for respondent's
appearance fee.
-threatened to file a case in court if the complainant would not confer
with him and settle the matter within 30 days.
--IBP Commissioner Rebecca Villanueva-Maala found the respondent
guilty of grave misconduct and conduct unbecoming of a lawyer in
violation of the Code of Professional Responsibility and recommended
that he be suspended from the practice of law for 1 year.
-IBP Board of Governors adopted
Alleged:
-Complainant, who was deaf and could only speak conversational
Tagalog haltingly, was assisted by his brother Dionisio. Respondent
agreed to handle the case for an acceptance fee of P60,000.00 plus an
appearance fee of P3,000.00 per hearing. Complainant told him that he
would consult his siblings on the matter.
-Six months later, assisted by one Jose Castillo, offered, in lieu of
P3,000.00 per appearance, 1,000 sq. m. of land from the land subject
matter of the case, if they win, or from another piece of property, if they
lose.
-claims that after the trial court dismissed Civil Case No. SCC 2128, he
filed a timely notice of appeal and thereafter moved to be discharged as
counsel because he had colon cancer, but complainant offer to double the
1,000 sq. m. piece of land earlier promised just to continue the case.
made a written commitment
-Court of Appeals rendered a favorable decision ordering the return of the
disputed 2-hectare land to the complainant and his siblings. ( became
final and executory )
- argues that he did not violate Article 1491 of the Civil Code because
when he demanded the delivery of the 1,000 sq. m. of land which was
offered and promised to him in lieu of the appearance fees, the case has
been terminated
SC:
-no actual acquisition of the property in litigation since the respondent
only made a written demand for its delivery which the complainant
refused to comply.
-Mere demand for delivery of the litigated property does not cause the
transfer of ownership, hence, not a prohibited transaction within the
contemplation of Article 1491.
-find the recommended penalty of suspension for 6 months too harsh and
not proportionate to the offense committed by the respondent.
-IBP does not clearly specify which acts of the respondent constitute
gross misconduct or what provisions of the Code of Professional
Responsibility have been violated.
-REPRIMANDED with a warning that repetition of the same act will be
dealt with more severely.
-prays that the penalty of suspension of six months imposed upon him be
reduced to a fine, invoking his almost 15 years of patient, devoted,
complete and successful professional services rendered to petitioner; for
the bad faith of the latter in dismissing him as counsel without justifiable
cause; and his good faith in retaining the money "contingently" with the
view of winning petitioner's cause.
SC:
Motion for Reconsideration is partly GRANTED suspension of six
months is DELETED, and in lieu thereof a fine of P20,000.00
consider the following circumstances:
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2.
FACTS:
-ten years later, IBP Director for Bar Discipline Victor C. Fernandez,
transmitted records of this case back to this Court
-the Office of the Bar Confidant filed a Reportregarding various
aspects of the case.
-The Report further made mention of a Resolution dated October 17,
1977 suspending the respondent for having been convicted by final
judgment of estafa through falsification of a commercial document.
-appears that in the intervening time between herein respondent's last
filed pleading on this case t between himself and Moreno, Araneta had
been found guilty and convicted by final judgment of a crime involving
moral turpitude, and indefinitely suspended.
- 3 years after, found out from records of SEC showing that the Board of
Directors, officers and stockholders of ISRC remained unchanged and her
name and that of her husband did not appear as officers and/or stockholders
thereof. From the POEA, on the other hand, the complainant learned that
ISRCs recruitment license was yet to be reinstated.
-found out that it has also pending cases in POEA
-claimed that respondent used for his own personal benefit the
P500,000.00 that she and her husband invested in ISRC.
-issued a bank check which was dishonored for being drawn against a closed
account.
--hence they filed a disbarment case, BP 22
defense:
entered into a Memorandum of Agreement because the latter offered to buy
shares of stock of ISRC in order to finance the then pending appeal for the
reinstatement of the ISRC license
respondent sold and assigned his own shareholdings in ISRC for P500,000.00
to Khalifa as evidenced by a Deed of Assignment (as they were in a hurry to
start the business operation)
respondent, in turn, issued a check in the amount of P500,000.00, which was
not intended to be encashed but only to guarantee the reimbursement of the
money to Khalifa
justified the non-submission of copies of the Memorandum of Agreement,
Deed of Assignment and complainants appointment as Acting Treasurer with
the SEC because of the cancellation of ISRCs license to recruit and the
pendency of the appeal for reinstatement since 1989.
IBP-SUSPENDED from the practice of law in the maximum period
prescribed by law and to return the money received from the complainant.
(approved by Board of Governors of the IBP)
ISSUE: whether respondent employed fraud, deceit or misrepresentation when
he entered into the Memorandum of Agreement with Khalifa and received
from the latter a sum of money
SC:
deceit and misrepresentation employed by the respondent when he entered
into the MOA concerning the joint ownership and operation of ISRC with the
complainants husband, knowing fully well that he could not do so without the
consent of and/or authority from the corporations Board of Directors.
non-compliance with the terms of the MOA (making khalif treasurer)
failed to apprise the complainant as to the true state of ISRCs affairs
(that the reinstatement of the corporations recruitment license would require
not only a favorable action by the Office of the President on ISRCs appeal and
the payment of a surety bond but also ISRCs clearance or exoneration in its
other cases for recruitment violations pending with the POEA)
IBP correctly found this act "abhorrent and against the exacting standards
of morality and decency required of a member of the Bar," which
guilty of gross misconduct for issuing a worthless check.
"belittles the confidence of the public in him and reflects upon his
SUSPENDED FOR ONE (1) YEAR and ONE (1) MONTH
integrity and morality."
-Considering that he had previously committed a similarly fraudulent act, considering that this is respondents first administrative offense.
and that this case likewise involves moral turpitude, we are constrained
to impose a more severe penalty.
Alleged:
Defense:
paid her monthly rentals and had not vacated the apartment unit
surreptitiously.
transferred to another place because she was given notice by the
complainant to vacate the premises to give way for the repair and
renovation of the same
wanted to ask that complainant to account for her deposit and return
the key but she could not do so since she did not know complainant's
address or contact number.
-IBP:DISMISSAL of the above-entitled case for lack of merit.
SC:
-review of the records would reveal that respondent is, indeed, guilty of
17 Section 12, Rule XVIII of the Revised Civil Service Rules
willful failure to pay just debt. (letters of demand presented)
-respondent did not expressly deny receipt of both letters of demand
-As punong barangay, respondent should have therefore obtained the prior
Rule 8 of the Rules of Court: who pleads payment has the burden of written permission of the Secretary of Interior and Local Government
before he entered his appearance as counsel for Elizabeth and Pastor.
proving it.
-failure to comply constitutes a violation of his oath as a lawyer
-respondent failed to discharge the burden of proving payment, for she breach of CANON 1Rule 1.01 of the Code of Professional
was unable to produce receipts or any other proof of payment of the Responsibility and CANON 7:
suspended 6 months wit warning
rentals due for the period of 1 July to 20 September 2000.
violative of the Code of Professional Responsibility, particularly Canon
I and Rule 1.01
high degree of good moral character, not only as a condition precedent
to admission, but also as a continuing requirement for the practice of law.
SUSPENDED for one month from the practice of law with WARNING