Case Digest (A.C. No. 10187)
Facts:
- The case Celina F. Andrada vs. Atty. Rodrigo Cera was decided on July 22, 2015, under A.C. No. 10187.
- Celina F. Andrada hired Atty. Rodrigo Cera in late 2009 for an annulment case in Baguio City.
- Andrada required NSO copies of her children's birth certificates, which were unregistered due to her husband's negligence.
- She entrusted Cera with ₱3,000.00 for the registration and ₱10,000.00 for a psychologist's assessment.
- In July 2010, Andrada discovered that Cera had not filed any applications or made payments for the birth certificates.
- Cera provided excuses and failed to deliver results despite Andrada's follow-ups.
- On May 29, 2011, Andrada sent a demand letter for the NSO receipt and the return of ₱10,000.00.
- After Cera's non-compliance, Andrada filed an administrative complaint on June 7, 2011, citing unprofessional conduct and negligence.
- In April 2012, Cera returned ₱17,280.00 as part of a compromise but did not secure the birth certificates.
- The IBP Investigating Commissioner found Cera guilty of unlawful conduct, recommending a three-year suspension, which was later modified to one year.
Issue:
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Ruling:
- The Supreme Court upheld the findings of the IBP Board of Governors.
- Atty. Rodrigo Cera was found administratively liable for unlawful and deceitful conduct as well as misappropriation of funds.
- The court imposed a one-year su...(Unlock)
Ratio:
- Lawyers are required to exercise due diligence in protecting their clients' rights, akin to the care expected from a responsible family member.
- Cera's inaction and dishonesty regarding the applications and payments indicated a clear neglect of his professional duties.
- His conduct violated Canon 1 of the Lawyer's Code of Professional Responsibility, which prohibits unlawful and ...continue reading
Case Digest (A.C. No. 10187)
Facts:
The case of Celina F. Andrada vs. Atty. Rodrigo Cera was decided on July 22, 2015, under A.C. No. 10187. The complainant, Celina F. Andrada, engaged the services of the respondent, Atty. Rodrigo Cera, in late 2009 to represent her in an annulment case before the Regional Trial Court (RTC), Branch 59, Baguio City. To initiate the annulment process, Andrada needed to obtain National Statistics Office (NSO) copies of her children's birth certificates, which had not been registered due to her husband's failure to complete necessary documentation. Andrada entrusted Cera with ₱3,000.00 to process the registration and issuance of the birth certificates, alongside an additional ₱10,000.00 for hiring a psychologist to conduct assessments for herself and her children. However, when Andrada followed up with the NSO in July 2010, she discovered that Cera had neither filed the applications nor made any payments for her children's birth certificates. Despite her repeated requests for the NSO receipt, Cera provided various excuses and failed to deliver any results. Consequently, on May 29, 2011, Andrada sent a demand letter through her father, requesting the NSO receipt and the return of the ₱10,000.00. When Cera did not comply, Andrada filed an administrative complaint against him with the Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) on June 7, 2011, citing unprofessional conduct, negligence, and failure to fulfill his obligations, which led to delays in her annulment case. In April 2012, Cera returned ₱17,28...