Facts:

The case involves Chamelyn A. Agot (complainant) as the petitioner against Atty. Luis P. Rivera (respondent), concerning a complaint filed on August 30, 2008. The complaint arose from events that began when Agot was invited to serve as maid of honor at a wedding in the United States scheduled for December 9, 2007. To secure a visa for this purpose, Agot sought the legal assistance of Rivera, who claimed to be an immigration lawyer. On November 17, 2007, they signed a Contract of Legal Services whereby Rivera agreed to facilitate the issuance of Agot's U.S. immigrant visa in exchange for a total fee of P700,000, with an initial downpayment of P350,000. The contract stipulated that if her visa application was denied for reasons other than her absence at the interview or previous criminal records, Rivera would return the downpayment. However, Rivera failed to take any action, and Agot was never scheduled for a visa interview. After several unheeded requests for a refund, Agot f

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Facts:

Complaint and Underlying Transaction

• A Complaint-Affidavit was filed on August 30, 2008, by Chamelyn A. Agot against Atty. Luis P. Rivera, alleging violations of the Code of Professional Responsibility (CPR) and breach of the lawyer’s oath.
• The allegations include misrepresentation, deceit, and failure to account for and return funds despite several demands.

Contractual Agreement and Engagement

• Complainant, needing a US immigrant visa to serve as maid of honor at a friend's wedding in the United States, sought the services of respondent, who presented himself as an immigration lawyer.
• On November 17, 2007, both parties entered into a Contract of Legal Services wherein:
• Respondent undertook to facilitate and secure a US immigrant visa in complainant’s favor before the scheduled wedding.
• Complainant paid a downpayment of P350,000.00, with an agreement to pay an equal amount after the issuance of the visa.
• It was expressly stipulated that if complainant’s visa application were denied for reasons not involving her absence at the interview, criminal convictions, or a court-issued hold departure order, the respondent would refund the downpayment.

Breach, Demands, and Subsequent Complaints

• Respondent failed to perform his contractual obligation; complainant was not even scheduled for an interview at the US Embassy.
• Following repeated unheeded demands for a refund of her downpayment, complainant filed both a criminal complaint for estafa and an administrative complaint against the respondent.

Respondent’s Defense and Evidence

• In his December 5, 2008 Comment, respondent claimed his nonperformance was due to the actions of Rico Pineda, whom he believed to be a US consul responsible for processing visa applications.
• Respondent asserted that he delivered the downpayment to Pineda, with whom he had a prior business relationship, and that Pineda subsequently reneged on his commitments, rendering the respondent unable to secure the visa.
• In support of his defense, respondent submitted photographs and email messages allegedly from Pineda; however, these pieces of evidence were considered self-serving and lacking credibility.

IBP Investigation and Resolution

• The Integrated Bar of the Philippines (IBP) Investigating Commissioner, in a Report and Recommendation dated April 17, 2010, found the respondent administratively liable.
• The report accused respondent of:
• Misrepresenting himself as an immigration lawyer.
• Failing to deliver the contracted legal services to secure a US visa.
• Neglecting to return the downpayment of P350,000.00 to complainant.
• Noting the insufficient and self-serving nature of the evidence submitted by respondent, the IBP recommended a suspension of four (4) months, which was later modified by the IBP Board of Governors to six (6) months with an order to return the downpayment (with legal interest) within thirty (30) days.

Issue:

Administrative Liability of the Respondent

• Whether Atty. Luis P. Rivera should be held administratively liable for:
• Misrepresenting himself as an immigration lawyer.
• Failing to perform the contracted legal service of facilitating the issuance of a US visa.
• Failing to return the downpayment of P350,000.00 despite repeated demands.

Credibility and Sufficiency of the Respondent’s Evidence

• Whether the respondent’s defense, centered on the involvement of Rico Pineda, provides an adequate basis to exculpate him from his alleged misrepresentations and negligence.
• The evaluation of the self-serving evidence (photographs and emails) submitted by the respondent in support of his claim.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)