Title
Argana vs. Cruz
Case
A.C. No. 1236
Decision Date
Jul 31, 1975
Bernarda Argana accused Atty. Virgilio Cruz of dereliction of duty and retaining fees/documents. She later withdrew the complaint, and the Supreme Court dismissed the case for lack of merit, upholding Cruz's innocence.
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Case Digest (A.C. No. 1236)

Facts:

  1. Complainant's Allegations

    • Bernarda Argana filed a complaint against Atty. Virgilio Anz. Cruz for dereliction of duty.
    • She alleged that Atty. Cruz failed to attend a hearing in Civil Case No. 14053 before the Rizal Court of First Instance, resulting in the cancellation of her one-ninth share in two lots (Lots Nos. 1237 and 1249, TCT No. 168538).
    • She also accused him of retaining case-related documents and attorney's fees amounting to P1,500.00.
  2. Respondent's Defense

    • Atty. Cruz explained that he did not receive the notice of hearing on time and did not file a motion for reconsideration because his services had been terminated by the complainant.
    • He denied receiving P1,500.00 as attorney's fees, stating that the correct amount was P1,000.00, and that the promised retainer was P10,000.00 for two cases.
  3. Background of the Civil Case

    • The civil case involved the fraudulent registration of parcels of land in the name of Bernarda Argana and her husband, which was affirmed by the Supreme Court.
    • Atty. Cruz was hired during the execution stage of the case. He agreed to handle the case under two conditions: (1) he would advance only legal defenses, and (2) he would not delay or prevent the partition of the property if the defenses failed.
    • His legal defense centered on the fact that the legitimate heirs of Argana's deceased husband were not made parties to the case, depriving them of their day in court.
  4. Withdrawal of Complaint

    • During the administrative proceedings, Bernarda Argana withdrew her complaint, stating that she signed it without fully understanding the circumstances and that Atty. Cruz had actually helped her in some way.
  5. Solicitor General's Report

    • The Solicitor General found that Atty. Cruz's explanations were unrebutted.
    • It was noted that Argana's withdrawal of the complaint suggested her agreement with the cancellation of her share in the lots, which was consistent with the earlier finding of fraud.
    • The report also found that Atty. Cruz had a right to retain the attorney's fees paid to him.

Issue:

  1. Whether Atty. Virgilio Anz. Cruz committed dereliction of duty by failing to attend the hearing and by retaining case-related documents and attorney's fees.
  2. Whether the charges against Atty. Cruz warrant disciplinary action.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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