Case Digest (A.C. No. 4515)
Facts:
- Cecilia A. Agno filed a disbarment complaint against Atty. Marciano J. Cagatan.
- Atty. Cagatan was the President of International Services Recruitment Corporation (ISRC), a recruitment agency for overseas employment.
- On July 12, 1988, the Department of Labor and Employment (DOLE) canceled ISRC's recruitment license for labor law violations.
- ISRC was permanently banned from overseas recruitment on August 9, 1988.
- Atty. Cagatan appealed the cancellation to the Office of the President, which ruled in his favor on March 30, 1993, for license renewal subject to a guarantee bond.
- During the appeal, on August 9, 1992, Atty. Cagatan entered into a Memorandum of Agreement with Khalifa H. Juma, a UAE national and husband of Cecilia Agno, for joint ownership and operation of ISRC.
- Khalifa agreed to invest P500,000.00, with P250,000.00 for reinstating ISRC's license and P250,000.00 for business operations.
- Cecilia Agno discovered that Atty. Cagatan did not comply with the agreement and misused the P500,000.00.
- When Agno demanded the return of the money, Atty. Cagatan issued a check that was dishonored due to a closed account.
- This led to a criminal charge under Batas Pambansa Blg. 22 and a disbarment complaint.
- The Integrated Bar of the Philippines (IBP) recommended a two-year suspension and restitution of the money.
- The Supreme Court modified the penalty to a suspension of one year and one month and ordered restitution.
Issue:
- (Unlock)
Ruling:
- Yes, Atty. Marciano J. Cagatan employed fraud, deceit, and misrepresentation in his dealings with Cecilia A. Agno and her husband.
- Yes, Atty. Cagatan violated the...(Unlock)
Ratio:
- The Supreme Court found that Atty. Marciano J. Cagatan employed fraud, deceit, and misrepresentation in his dealings with Cecilia A. Agno and Khalifa H. Juma.
- The Memorandum of Agreement stipulated that the P500,000.00 investment was for reinstating ISRC's license and starting business operations.
- Atty. Cagatan failed to comply with these terms and did not disclose the true state of ISRC's affairs, including additional requirements for license reinstatement.
- Issuing a check drawn against a closed account demonstrated ...continue reading
Case Digest (A.C. No. 4515)
Facts:
The case "Agno v. Cagatan" involves a disbarment complaint filed by Cecilia A. Agno against Atty. Marciano J. Cagatan for violations of the Code of Professional Responsibility. Atty. Cagatan was the President of International Services Recruitment Corporation (ISRC), a company engaged in recruiting Filipino workers for overseas employment. On July 12, 1988, the Department of Labor and Employment (DOLE) canceled ISRC's recruitment license for violating labor laws, and on August 9, 1988, ISRC was permanently banned from participating in overseas recruitment. Atty. Cagatan appealed the cancellation to the Office of the President, which ruled in his favor on March 30, 1993, directing the renewal of ISRC's license subject to a guarantee bond. During the appeal, on August 9, 1992, Atty. Cagatan entered into a Memorandum of Agreement with Khalifa H. Juma, a UAE national and the husband of Cecilia Agno, for joint ownership and operation of ISRC. Khalifa agreed to invest P500,000.00, with P250,000.00 to be used for reinstating ISRC's license and the remaining P250,000.00 for starting business operations. However, Cecilia Agno later discovered that Atty. Cagatan did not comply with the agreement's terms, and the P500,000.00 was not used as intended. When she demanded the return of the money, Atty. Cagatan issued a check that was dishonored due to a closed account. This led to a criminal charge u...