A.C. No. 6933 - GREGORIO V. CAPINPIN, JR., COMPLAINANT, VS. ATTY. ESTANISLAO L. CESA, JR..DECISION - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing discussion, this Commissioner finds the respondent liable for malpractice and, accordingly, recommends that respondent be meted a penalty of ONE (1) YEAR suspension from the practice of law with a warning that a repetition of a similar offense will be dealt with more severity. [21] Resolutions of the Board of Governors Integrated Bar of the Philippines On September 28, 2013, the Integrated Bar of the Philippines (IBP) Board of Governors issued Resolution No. XX-2013-84, [22] which states: RESOLVED to ADOPT and APPROVE, as it is hereby unanimously ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution as Annex "A", and finding the recommendation fully supported by the evidence on record and the applicable laws and rules and considering that Respondent violated Canon 15, Rule 15.03, and Canon 16, Rule 16.01 of the Code of Professional Responsibility, Atty. Estanislao L. Cesa, Jr. is hereby SUSPENDED from the practice of law for one (1) year. [23] (Emphasis supplied) Respondent's MR [24] was denied in the IBP Board of Governor's Resolution No. XXI-2014-280 [25] dated May 3, 2014 as follows: RESOLVED to DENY Respondent's Motion for Reconsideration, there being no cogent reason to reverse the findings of the Commission and the resolution subject of the motion, it being a mere reiteration of the matters which had already been threshed out and taken into consideration. Thus, Resolution No. XX-2013-84 dated September 28, 2013 is hereby AFFIRMED. [26] Necessarily, We now give Our final action on this case. Issue Should Atty. Cesa, Jr. be administratively disciplined based on the allegations in the complaint and evidence on record? The Court's Ruling We are in full accord with the findings of the Investigating Commissioner that respondent violated Canon 15, Rule 15.03 and Canon 16, Rule 16.01 of the CPR. CANON 15 A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule 15.03 A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. CANON 16 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION. Rule 16.01 A lawyer shall account for all money or property collected or received for or from the client. Based on the records, We find substantial evidence to hold the respondent liable for violating Canon 15, Rule 15.03 of the said Code. It must be stressed that FLC engaged respondent's legal services to represent it in opposing complainant's actions to forestall the foreclosure proceedings. As can be gleaned from respondent's position paper, however, it is admitted that respondent extended help to the complainant in negotiating with FLC for the reduction of the loan payment and cessation of the foreclosure proceedings. [27] The case of Hornilla v