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
Case Digest (A.C. No. 6950)
Facts:
The case involves a complaint filed by Rebecca M. Allan (complainant) against Atty. Elpidio S. Salgado (respondent) for disciplinary action due to alleged violations of the Lawyer's Oath and the Code of Professional Responsibility (CPR). The events leading to the complaint began on August 18, 2004, when the respondent, claiming to be the owner of Millenium Park Place, a condominium in Quezon City, convinced the complainant to finance the demolition of the property in exchange for scrap materials worth approximately P15,000,000.00. On August 20, 2004, the complainant entered into a Memorandum of Agreement (MOA) with the respondent, agreeing to pay P7,000,000.00 for the materials recovered from the demolition. The complainant paid an initial amount of P1,000,000.00 and subsequently provided additional funds totaling P1,600,000.00, based on the respondent's assurances regarding the demolition permits and the potential recovery of scrap materials. However, the respondent failed to deliver the necessary permits and continued to solicit more money under various pretexts. The complainant later discovered that the respondent was not the actual owner of the property and reported the matter to the police. An entrapment operation on November 11, 2004, led to the arres...