Professional Documents
Culture Documents
Sarmiento
AC 5417, March31, 2006
Facts:
This is a case of disbarment filed by Malhabour against Atty. Sarmiento
for unlawful, dishonest, immoral or deceitful conduct.
Complainant hired Atty. Sarmiento to assist him in labor case against
HY2LB Shipping Management Services, Inc., a local manning agency.
That complainant was hired by HY2LB shipping, as electrician for M/V
Gold Faith, a vessel owned by New Ocean Ltd., a foreign principal based in
Hongkong. The employment contract was for a period of 12months and that
complainants monthly salary would be six hundred US dollars ($600) and he
had to work 48 hours a week with 30% overtime pay.
Complainant rendered service to the vessel for four months and nine
days only, on the ground that the principal was reducing its personnel.
Because of this complainant filed illegal dismissal against HY2LB shipping,
new ocean ltd. And premier insurance and surety corporation to POEA. POEA
rendered judgement in favour of complainant.
HY2LB filed an appeal to CA, but it was dismissed and affirming the
judgement of POEA. A motion for reconsideration was then filed by HY2LB,
thus CA modified its decision still in favour of the complainant. Upon the
receipt of the resolution, the complainant then asked the respondent to file
motion for reconsideration but failed to do, then complainant filed it, but it
was denied. Upon the denial of the motion for reconsideration he again
requested respondent to file Petition for review on certiorari, but he filed it
late, thus the court deny it for being late.
Unknown to the complainant, respondent sent a letter to NLRC, stating
that the complainant gave him SPA authorizing him ti receive the judgement
award. Respondent filed a Motion for executopn alleging that complainant
decided to terminate the case and will no longer file a motion for
reconsideration. Then NLRC released the judgement award to the
respondent.
Upon the knowledge of complainant, he then filed estafa with the NBI
against the respondent. During their confrontation, the respondent partially