Lawyer suspended for unethical conduct - A.C. No. 5325

A.C. No. 5325

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The Court’s Ruling

After a careful review of the records of the case, we agree with the findings of the IBP and find reasonable grounds to hold respondent Atty. Edizaadministratively liable.

The practice of law is a privilege bestowed by the State on those who show that they possess the legal qualifications for it. Lawyers are expected to maintain at all times a high standard of legal proficiency and morality, including honesty, integrity and fair dealing. They must perform their fourfold duty to society, the legal profession, the courts and their clients, in accordance with the values and norms of the legal profession as embodied in the Code of Professional Responsibility.²

Rule 1.01 of Canon 1, Canon 15, and Rule 18.03 of Canon 18 of the Code of Professional Responsibility provide:

CANON 1

A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. x x x

CANON 15

A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

CANON 18

A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.

In the present case, the Spouses Floran assert that they had no knowledge that they signed a deed of sale to transfer a portion of their land in favor of Atty.Ediza. They also insist that Atty. Ediza failed to comply with his promise to register their property despite receiving the amount of P125,463.38. On the other hand, Atty. Ediza maintains that he acquired the land from the SpousesFloran because of their “deep gratitude” to him in the dismissal of the civil case for foreclosure of mortgage. Atty. Ediza further claims that the amount ofP125,463.38 which he received was his rightful share from the sale of the land.

It is clear from the records that Atty. Ediza deceived the Spouses Floran when he asked them to unknowingly sign a deed of sale transferring a portion of their land to Atty. Ediza. Atty. Ediza also did the same to Epal when he gaveCaridad several documents for Epal to sign. Atty. Ediza made it appear thatEpal conveyed her rights to the land to him and not to the Spouses Floran. Moreover, when the sale of the Spouses Floran’s land pushed through, Atty.Ediza received half of the amount from the proceeds given by the buyer and falsely misled the Spouses Floran into thinking that he will register the remaining portion of the land.

Lamentably, Atty. Ediza played on the naïveté of the Spouses Floran to deprive them of their valued property. This is an unsavory behavior from a member of the legal profession. Aside from giving adequate attention, care and time to his client’s case, a lawyer is also expected to be truthful, fair and honest in protecting his client’s rights. Once a lawyer fails in this duty, he is not true to his oath as a lawyer.

In Santos v. Lazaro³ and Dalisay v. Mauricio,⁴ we held that Rule 18.03 of the Code of Professional Responsibility is a basic postulate in legal ethics. Indeed, when a lawyer takes a client’s cause, he covenants that he will exercise due diligence in protecting the latter’s rights. Failure to exercise that degree of vigilance and attention expected of a good father of a family makes the lawyer unworthy of the trust reposed in him by his client and makes him answerable not just to his client but also to the legal profession, the courts and society.

The Supreme Court, as guardian of the legal profession, has ultimate disciplinary power over attorneys. This authority to discipline its members is not only a right, but a moral and legal obligation as well. The Court will not tolerate such action from a member of the legal profession who deliberately and maliciously did not protect his client’s interests.

In view of the foregoing, we find that suspension from the practice of law for six months is warranted. Atty. Ediza is directed to return to the Spouses Floranthe two (2) sets of documents that he misled the spouses and Epal to sign. Atty.Ediza is also directed to return the amount of P125,463.38, representing the amount he received from the proceeds of the sale of the land belonging to the Spouses Floran, with legal interest from the time of the filing of the administrative complaint until fully paid.

WHEREFORE, we find respondent Atty. Roy Prule Ediza administratively liable for violating Rule 1.01 of Canon 1, Canon 15, and Rule 18.03 of Canon 18 of the Code of Professional Responsibility. He is hereby SUSPENDEDfrom the practice of law for six months, effective upon receipt of this Decision. He is DIRECTED to return to the Spouses Nemesio and Caridad Floran the two (2) sets of documents that he misled the spouses and Sartiga Epal to sign. He is further ORDERED to pay Spouses Nemesio and Caridad Floran, within 30 days from receipt of this Decision, the amount of P125,463.38, with legal interest from 8 September 2000 until fully paid. He is warned that a repetition of the same or similar acts in the future shall be dealt with more severely.

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