Facts:
This is a disbarment complaint filed by Rodica against the respondent Atty. Lazaro on grounds of gross and serious misconduct, deceit, malpractice, grossly immoral conduct and violation of the Code of Professional Responsibility.
On May 5, 2011, William Strong was arrested and detained by the Bureau of Immigration for allegedly being involved in an international gang and conspiracy in Brazil on fraud involving the creation of hundreds of dollars in illegal securities. Strong requested his friend Philip Apostol to look for a lawyer. Apostol recommended the Lazaro Law Office represented by Atty. Manuel Lazaro and his associates who initially declined but later accepted to handle the deportation case.
Strong initiated giving the information that his deportation case may be due to the complaint filed by his live-in partner Jasper Rodica before the RTC against the Hillview Marketing Corporation for recovery and possession and damages involving a property they have in Boracay which is represented by Atty. Tan. Rodica was represented by Atty. Ibutnande in this case. Apparently, Rodica claimed that Atty. Manuel met with Atty. Tan to discuss the settlement package on the deportation case they filed against Strong on the condition that Rodica withdraws her complaint from the RTC of Cebu.
On May 25, 2011 the Bureau of Immigration rendered a judgment deporting Strong to leave the country. On June 6, 2011 Rodica filed before the RTC a motion to withdraw her complaint against Hillview. Rodica now alleges that after Strong was deported and withdrawing the case before the RTC, she was deceived by Atty Manuel et al for over settlement of 7 million which was allegedly extorted from her after misrepresenting that the withdrawal of the case before the RTC is only a part of the settlement package.
It appears on the record that Atty. Espejo, an associate of the Lazaro Law office helped in drafting the Manifestation with Motion to Withdraw Motion for Reconsideration after Rodica pleaded him to prepare the motion and was requested further to indicate the name of the Lazaro Law Office including the name of Atty. Manuel and Atty. Michelle to give more weight on the pleading. Rodica promised Atty. Espejo to talk to Atty. Manuel about it. The case before the RTC was actually dismissed on March 29, 2011 for failure to show cause of action but a motion for reconsideration was filed by Rodica.
Issue:
Whether or not the allegations of Rodica merit the disbarment of the respondents.
Ruling
The court ruled that Rodica failed to overcome the presumption of innocence of the respondents. As a general rule, lawyers enjoy the presumption of innocence and the burden of proof rests upon the complainant to clearly prove the allegations made against them. The required quantum of proof is preponderance of evidence which is an evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.
On Rodica's claim with regards to the settlement package, the court find it without merit because she withdrew her complaint only after the deportation of Strong. It was also evident on record that the said case was already dismissed even before the deportation case was filed only she filed a motion for reconsideration. Therefore, it cannot be said that her withdrawal of the complaint is a settlement consideration regarding the deportation case of Strong. Moreover, Strong is not a party to the case she filed before the RTC therefore there is no connection between these 2 cases.
There was sufficient preponderance of evidence that was presented that the cause of her withdrawal of the complaint is to facilitate the sale of her property in Boracay. According to Atty. Espejo who helped Rodica draft the motion for withdrawal of the complaint, the said withdrawal is for the purpose of selling her property to Apostol. Apostol further corroborated that he told Rodica he is willing to purchase the property once it is free from any pending case. Rodica promised him to work on the termination of the pending case attached to the property to make the sale.
On her claim to have paid 7 million to Atty. Manuel et al, she failed to substantiate such claim despite showing off withdrawals from her bank account certain amount of money after failing to prove that the said amount was paid to the respondents. Moreover, the court held that Rodica is not a client of Lazaro Law Office. They merely handled the deportation case of Strong.
As for Atty. Espejo, the court found him to have aided Rodica for misrepresenting before the court that she was aided by the Lazaro Law Office when in fact she is not. Atty. Espejo explained that Rodica assured him to talk to Atty. Manuel and Atty. Michelle about including their name on the pleading but she did not do so. Atty. Espejo should have known better that Atty. Ibutnande was the counsel on record on the case before the RTC and therefore it is not his duty to prepare said pleading. He also should have known that all pleadings before the court are acted based on merit or the lack of it and not by the name of the law firm. However, the court give due recognition on the fact that Atty. Espejo expressed remorse on his conduct and made a sincere apology to the RTC for wrongly employing the name of the Lazaro Law Office and that he was newly admitted to the Bar in 2010, the court find it proper to give him a warning to become more prudent on his actuation in the practice of his profession.
The complaint for disbarment was dismissed.
