A.C. No. 5314 - SPOUSES ELENA ROMEO CUÑA, SR., AND COMPLAINANTS, VS. ATTY. DONALITO ELONA.DECISION - Supreme Court E-Library

Ruling

Accordingly, on July 24, 2007, then Investigating Commissioner Salvador B. Hababag (Investigating Commissioner) of the IBP Commission on Bar Discipline issued his Report and Recommendation [8] finding respondent to have violated Canons 16 and 17 of the CPR and recommending that respondent be suspended from the practice of law for a period of six months with stern warning that commission of similar offenses shall be dealt with more severely. [9] The Investigating Commissioner concluded in this wise: Respondent's deliberate failure to disclose to the complainants that he extracted a contract to sell with the buyer, Law [F]irm Hagan, Te[,] et al ., for seven million one hundred thousand (P7,100,000.00) pesos on terms manifested malicious taking x x x advantage o[f] his moral dominion and emotional and intellectual control over complainants who are impoverished and [not] mentally equipped to grasp the gravity of his acts/omission and by preparing a Special Power of Attorney and to enjoin them to sign and authorize him to represent complainants manifested lack of integrity and propriety on his part. x x x [10] · Report and Recommendation of the Board of Governors (BOG) The BOG, in its Resolution No. XVIII-2007-137 [11] dated September 28, 2007, adopted and approved the Investigating Commissioner's Report and Recommendation with modification that the recommended penalty of suspension from the practice of law be increased to three years. On January 4, 2008, respondent filed his Motion for Reconsideration [12] praying that Resolution No. XVIII-2007-137 be reconsidered and set aside, and a new one be entered dismissing the complaint for lack of merit, [13] which was, however denied by the IBP­ BOG in Resolution No. XX-2012-46 [14] dated January 15, 2012. Meanwhile, the IBP-BOG received respondent's Supplemental Motion for Reconsideration [15] (of Resolution No. XVIII-2007-137 dated February 29, 2008) on June 10, 2008. On February 28, 2012, the IBP forwarded the case to this Court for proper disposition pursuant to Section 12, Rule 139-B of the Rules of Court. [16] In an Indorsement Letter [17] dated April 17, 2012, the IBP referred additional records to this Court, which included respondent's Urgent Motion for Reconsideration (of Resolution No. XX-2012-46) and/or Motion to Suspend Proceedings [18] dated April 10, 2012 filed with the IBP on even date, which prayed, among others, for the suspension of the resolution of the instant case pending the filing of a civil complaint for collection of a sum of money by respondent against complainants. Report and Recommendation of the Office of the Bar Confidant (OBC) In a Resolution [19] dated September 26, 2012, this Court referred to the OBC respondent's Motion for Reconsideration (of Resolution No. XX-2012-46) and/or Motion to Suspend Proceedings for evaluation, report, and recommendation. Thus, on May 22, 2015, the OBC issued its Report and Recommendation [20] which recommended respondent's suspension from the p