Title
Allan vs. Salgado
Case
A.C. No. 6950
Decision Date
Oct 6, 2021
A lawyer was fined P100,000.00 for violating the Lawyer's Oath and the Code of Professional Responsibility due to client deception and defiance of court orders.
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Case Digest (A.C. No. 6950)

Facts:

  • Rebecca M. Allan filed a complaint against Atty. Elpidio S. Salgado for disciplinary action.
  • The complaint arose from alleged violations of the Lawyer's Oath and the Code of Professional Responsibility (CPR).
  • On August 18, 2004, Salgado, claiming ownership of Millenium Park Place in Quezon City, persuaded Allan to finance the property's demolition for scrap materials valued at approximately P15,000,000.00.
  • A Memorandum of Agreement (MOA) was signed on August 20, 2004, where Allan agreed to pay P7,000,000.00 for the recovered materials.
  • Allan initially paid P1,000,000.00 and later provided an additional P1,600,000.00 based on Salgado's assurances regarding permits and scrap recovery.
  • Salgado failed to deliver the necessary permits and continued to solicit more funds under various pretenses.
  • Allan discovered Salgado was not the actual property owner and reported him to the police.
  • An entrapment operation on November 11, 2004, led to Salgado's arrest and subsequent charges of estafa in the Regional Trial Court of Quezon City.
  • Salgado ignored multiple court orders, resulting in fines and further legal actions against him.

Issue:

  • (Unlock)

Ruling:

  • The Court found Atty. Elpidio S. Salgado guilty of violating the Lawyer's Oath and the Code of Professional Responsibility.
  • He was ordered to pay a fine of P100,000.00 instead of disba...(Unlock)

Ratio:

  • The Court's decision was based on the principles in the Code of Professional Responsibility, particularly Rules 1.01, 1.02, Canon 1, Rule 7.03, and Canon 7.
  • These rules emphasize the importance of lawyers upholding the law, maintaining integrity, and avoiding conduct that undermines their fitness to practice.
  • Salgado's deceitful actions and disregard for court orders constituted a serious breach of his professional duties.
  • The Court underscored...continue reading

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