Case Digest (A.C. No. 12086)
Facts:
Antonio T. Aguinaldo v. Atty. Isaiah C. Asuncion, Jr., A.C. No. 12086 [Formerly CBD Case No. 12-3300], October 07, 2020, the Supreme Court First Division, Peralta, C.J., writing for the Court.Complainant Antonio T. Aguinaldo alleged that in October 2010 he entered into negotiations with respondent Atty. Isaiah C. Asuncion, Jr. (joined by the respondent’s mother and their agent Mia Gan) for the sale of a 4.4-hectare parcel in Banauang, Moncada, Tarlac; as part of the agreement Aguinaldo gave Atty. Asuncion P100,000.00 as earnest money and was later asked to pay an additional P400,000.00 as down payment. Aguinaldo claimed the respondent failed to present ownership documents, later refused repeated demands for the return of the earnest money when the transaction did not push through, and thus used his professional position to take advantage of Aguinaldo’s limited knowledge.
Atty. Asuncion denied fraud, insisting the P100,000.00 was an earnest money/guaranty to secure Aguinaldo’s obligation to pay the P400,000.00 by November 20, 2012, and that Aguinaldo had effectively forfeited that amount by failing to pay and by imposing additional, previously undiscussed conditions (e.g., requiring segregation and a separate title for the portion purchased). He cited Spouses Doromal v. Court of Appeals to support the forfeiture rationale.
A mandatory conference was held on June 13, 2012; the parties filed a Joint Manifestation and Motion to Dismiss on August 28, 2012 asserting a settlement, but on December 4, 2012 Aguinaldo filed a Position Paper alleging the settlement failed when respondent did not comply. The IBP-Commission on Bar Discipline (IBP‑CBD) evaluated the record and, in a Report and Recommendation dated December 14, 2014, found Atty. Asuncion liable for violating Canon 1, Rule 1.01 of the Code of Professional Responsibility and recommended six months’ suspension for engaging in deceitful conduct and failing to disclose material facts and to return the earnest money.
The IBP Board of Governors adopted that Report and Recommendation by Resolution dated February 25, 2016; Atty. Asuncion’s motion for reconsideration was denied by Notice of ...(Subscriber-Only)
Issues:
- Should respondent be held administratively liable for violating Canon 1, Rule 1.01 of the Code of Professional Responsibility for deceitful and dishonest conduct?
- If liable, what is the appropriate discipli...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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