Case Digest (A.C. No. 5082)
Facts:
- A complaint for disbarment was filed against Atty. Pedro C. Pujalte, Jr. by siblings and heirs of Arcadia Nicodemus: Milagros N. Aldovino, Virgilio Nicodemus, Angela N. Dela Cruz, Julita N. Soco, Magdalena N. Talens, and Teodoro S. Nicodemus.
- The complaint arose from Atty. Pujalte's representation of the complainants in Civil Case No. 95-46, initiated in March 1995, seeking specific performance and damages against their sister, Loreto Nicodemus Pulumbarit.
- The trial court ruled in favor of Loreto on November 9, 1998, dismissing the case but ordering the distribution of the estate's proceeds.
- On December 1, 1998, the Branch Clerk of Court withdrew P1,335,109.68 and divided it into eight shares, allocating two shares to Loreto and the remainder to Atty. Pujalte.
- The complainants did not receive their shares despite multiple demands and subsequently hired Atty. Francisco I. Chavez to pursue the matter.
- Atty. Pujalte delivered only P751,332.26, deducting P250,000.00 as attorney's fees, which the complainants contested, claiming they had already paid him P100,000.00.
- The Integrated Bar of the Philippines (IBP) investigated and found Atty. Pujalte in violation of Canon 16 of the Code of Professional Responsibility, recommending a one-year suspension.
Issue:
- (Unlock)
Ruling:
- Yes, Atty. Pujalte violated Canon 16 of the Code of Professional Responsibility by failing to promptly deliver the funds to the complainants.
- No, Atty. Pujalte was not justified in deducting...(Unlock)
Ratio:
- The Supreme Court affirmed the IBP's findings, highlighting Atty. Pujalte's failure to deliver the funds upon demand as a violation of Canon 16, which requires lawyers to hold client funds in trust.
- The Court criticized At...continue reading
Case Digest (A.C. No. 5082)
Facts:
This case involves a complaint for disbarment and/or disciplinary action against Atty. Pedro C. Pujalte, Jr., filed by Milagros N. Aldovino, Virgilio Nicodemus, Angela N. Dela Cruz, Julita N. Soco, Magdalena N. Talens, and Teodoro S. Nicodemus, who are siblings and heirs of Arcadia Nicodemus. The events leading to the complaint began in March 1995 when the complainants engaged Atty. Pujalte as their counsel in Civil Case No. 95-46, which was filed in the Regional Trial Court, Branch 56, in Lucena City. The case sought specific performance and damages to compel their sister, Loreto Nicodemus Pulumbarit, to deliver their shares in their deceased mother's estate. On November 9, 1998, the trial court ruled in favor of Loreto Pulumbarit, dismissing the case but ordering the distribution of the estate's proceeds. On December 1, 1998, the Branch Clerk of Court withdrew P1,335,109.68 from the Philippine National Bank and divided it into eight shares, giving two shares to Loreto and the remaining amount to Atty. Pujalte, who claimed he was authorized to oversee the distribution. However, the complainants did not receive their shares despite repeated demands. They subsequently hired Atty. Francisco I. Chavez, who sent a letter demanding the full amount. Atty. Pujalte only delivered P751,332.26, deducting P250,000.00 as his attorney's fees, which the complainants contested, assert...