A.C. No. 12829 [Formerly CBD Case No. 15-4821] - MYRIAM TAN-TE SENG, COMPLAINANT, V. ATTY. DENNIS C. PANGAN. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered ATTY. DENNIS C. PANGAN violated his Lawyer's Oath and pertinent provisions of the Code of Professional [Responsibility and the undersigned Commissioner respectfully recommends that a penalty of suspension from practice of law for a period of one (1) year at the discretion of the Board of Governors be imposed with warning that repetition of similar conduct in the future will warrant a more severe penalty. RESPECTFULLY SUBMITTTED . In CBD 15-4821 , the Commissioner held that as a lawyer, respondent knew that complainant and her husband had the right to inherit from their son, Patrick because Patrick had no legitimate child. Further, respondent committed the following irregularities in the Extrajudicial Settlement: First. Respondent deliberately hid the fact that Patricia was April's legitimate child from her first marriage. Second. He made Patricia sign the Extrajudicial Settlement and made it appear that the latter was of legal age when in truth and in fact, she was then only thirteen (13) years old. Third. He made it appear in the Extrajudicial Settlement that Patrick left no personal property, to the complainant's extreme prejudice. Respondent, therefore, violated Canons 1, 7, 15, 17, 18 and 19 of the CPR: he violated Canon 1 when he disregarded the applicable laws in succession and taxation; he violated Canon 7 when he took advantage of his client's trust and confidence, undermining the legal profession's integrity and dignity; he violated Canon 15 when he deprived complainant of what was due her from her son's estate and used the same documents entrusted him to charge complainant with falsification of documents; he violated Canon 17 when he dumped complainant as client and openly represented April against complainant; and lastly, respondent's erroneous declarations in the Extrajudicial Settlement constituted violations of Canons 18 and 19 of the CPR. Meanwhile, in CBD 16-4966, the Commissioner held that respondent violated Canon 8, Rule 8.01 of the CPR when he described complainant as a devil with a devil's smile, and "atat na atat." Resolutions of the IBP - Board of Governors (BOG) Under its assailed Resolution [8] dated October 4, 2018, the IBP - Board of Governors affirmed with modification, viz.: CBD Case No. 15-4821 Myriam Tan-Te Seng vs. Atty. Dennis C. Pangan RESOLVED to ADOPT the findings of fact and recommendation of the Investigating Commissioner to impose upon Respondent the penalty of SUSPENSION from the practice of law for a period of one (1) year. CBD Case No. 16-4966 Myriam Tan-Te Seng vs. Atty. Dennis C. Pangan RESOLVED to ADOPT the findings of fact and recommendation of the Investigating Commissioner, with modification, that respondent be SUSPENDED from the practice of law for six (6) months. The IBP elevated the entire records for the Court's final imprimatur since the IBP resolutions were mere recommendatory in nature. Per verification, no motion for reconsideration or petition for review was f