Case Digest (A.C. No. 12418)
Facts:
In AA Total Learning Center for Young Achievers, Inc. represented by Loyda L. Reyes v. Atty. Patrick A. Caronan (A.C. No. 12418, decided March 10, 2020 under the 1987 Constitution), the complainant purchased a parcel of land in Taguig City in 2012 through respondent Caronan, who claimed to act for the registered owner, Maricel A. Atanacio. Relying on Caronan’s representations, Reyes paid a total of ₱7,700,000.00 as earnest money, initial 50% of the purchase price, and taxes. Caronan obtained Metrobank Manager’s checks for ₱7,000,000.00 and misappropriated the funds by introducing an impostor to negotiate the checks and depositing proceeds into his wife’s account. Atanacio later disowned the deed and denied authorizing any sale. Reyes filed criminal charges for estafa and alias violations, and an administrative complaint for disbarment before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline (CBD). The ...Case Digest (A.C. No. 12418)
Facts:
- Background and Complaint
- On November 22, 2012, AA Total Learning Center for Young Achievers, Inc., represented by Loyda L. Reyes, filed a Verified Complaint for Disbarment (CBD Case No. 14-4396) against Atty. Patrick A. Caronan for alleged violations of the Code of Professional Responsibility.
- AA engaged Caronan and Solly Cruz to broker the purchase of a parcel of land in Taguig City, purportedly on behalf of the registered owner, Maricel A. Atanacio.
- Sale Transaction and Fraudulent Acts
- In March 2012, the parties agreed on a purchase price of ₱15,650,000 inclusive of fees and taxes, with earnest money of ₱250,000; Reyes paid ₱100,000 on March 9 and ₱150,000 on March 23.
- A Deed of Absolute Sale and Memorandum of Agreement were presented bearing a forged signature of Atanacio; Reyes paid an additional ₱7,000,000 via manager’s check and ₱450,000 for taxes and transfer fees.
- Caronan promised to secure title transfer by June 2012 but failed to deliver; actual owner Atanacio disowned the transaction on July 19, 2012, denying any sale or authorization.
- Investigation revealed that Caronan conspired with Noraida Tanon to impersonate Atanacio, withdrawing ₱2,000,000 and depositing ₱5,000,000 into Caronan’s wife’s bank account; Tanon later admitted the impersonation in a sworn statement.
- Subsequent Legal Actions and Respondent’s Defense
- Reyes filed a criminal complaint for estafa and an Anti-Alias Law case; it was discovered that respondent’s real name is Richard A. Caronan, who assumed his brother’s identity to obtain a law degree.
- Caronan denied all accusations, alleging the disbarment complaint was retaliatory, and argued that identity issues were previously resolved in A.C. Nos. 10074 and 11316.
- He moved to dismiss or hold in abeyance the administrative case pending resolution of criminal proceedings.
- IBP Commission on Bar Discipline Proceedings
- Investigating Commissioner Ferdinand I. DiAo recommended dismissal as moot, citing this Court’s prior disbarment of “Atty. Patrick A. Caronan” in A.C. No. 11316 (July 12, 2016).
- The IBP Board of Governors adopted the findings and recommended imposing the ultimate penalty of disbarment and striking respondent’s name off the Roll of Attorneys.
- The sole issue presented to the Supreme Court was whether respondent should be disbarred and stricken off the Roll of Attorneys in CBD Case No. 14-4396.
Issues:
- Main Issue
- Whether respondent Atty. Patrick A. Caronan should be disbarred and his name permanently stricken off the Roll of Attorneys in CBD Case No. 14-4396.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)