A.C. No. 14203 - MAMERTA C. LIZADA, BENITO CUIZON, ABELARDO CUIZON, AND ENRIQUE CUIZON, COMPLAINANTS, VS. ATTY. DEMOSTHENES S. TECSON.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Atty. Tecson's admission that he advised Lizada et al. to hire a PR man and that he personally handed the supposed "share" or "facilitation fee" to the PR man is a clear proof of his violation of his duty of fidelity. In addition, the IC found that Atty. Tecson violated his fiduciary duty to account for the money belonging to Lizada et al. by failing to return half of the latter's just compensation. Finally, the IC noted that Atty. Tecson failed to timely file his verified answer and position paper. For the IC, this further shows Atty. Tecson's deliberate failure to respect the law and the tribunal. [21] Based on the above findings, the IC recommended that Atty. Tecson be disbarred, and that he be ordered to return the amount of PHP 67,170,982.57 to Lizada et al. with 6% interest per annum until fully paid. [22] In a Resolution dated January 13, 2024, the IBP Board of Governors (IBP Board) resolved to approve and adopt the Report and Recommendation of the IC to impose the penalty of disbarment upon Atty. Tecson. However, the IBP Board disapproved the recommendation of the IC that Atty. Tecson be likewise obliged to return the sum of PHP 67,170,982.57. Accordingly, Lizada et al. knew that said amount was given to a third party as payment of the latter's services. [23] The Court's Ruling The Court adopts the findings and approves the recommendation of the IBP Board to disbar Atty. Tecson. However, the Court finds that Atty. Tecson should likewise be ordered to return to Lizada et al. the sum of PHP 67,170,982.57, with legal interest. Applicability of the CPRA The verified Complaint for disbarment was instituted against Atty. Tecson before the effectivity of the CPRA. This notwithstanding, the propriety of Atty. Tecson's conduct shall be determined applying the CPRA pursuant to the CPRA's transitory provision which states: Section 1. Transitory provision . The CPRA shall be applied to all pending and future cases, except to the extent that in the opinion of the Supreme Court, its retroactive application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall govern. Since it does not appear to the Court that the retroactive application of the CPRA is not feasible or would work injustice to any of the parties, the Court shall resolve this case applying the provisions of the CPRA. Atty. Tecson failed to observe and live up to his duty of fidelity under Canon III of the CPRA The CPRA provides that a lawyer must observe fidelity in all his dealings. Under Canon III of the CPRA, fidelity "pertains to a lawyer's duty to uphold the Constitution and the laws of the land, to assist in the administration of justice as an officer of the court, and to advance or defend a client's cause, with full devotion, genuine interest, and zeal in the pursuit of truth and justice." This duty of a lawyer is further clarified in Section 2 thereof, to wit: Section 2. The responsible and accountable lawye