Facts:

• A complaint for disbarment was filed by Ariel Conducto Castillo against Atty. Restituto S. Mendoza on November 23, 2016.
• The complaint alleged misrepresentation and deceit in violation of the Code of Professional Responsibility (CPR).
• The complainant met the respondent in August 2015 regarding the extrajudicial settlement of his deceased mother Lagrimas Conducto Castillo's estate.
• The respondent represented the complainant's sister, Annelyn Castillo-Wico.
• On October 2, 2015, the complainant and his siblings signed an Extra Judicial Settlement of Estate of Deceased Lagrimas Conducto Castillo with Waiver of Claims Against Planters Bank SPC Branch (EJS with Waiver).
• The complainant believed the EJS with Waiver was to withdraw part of Lagrimas' money to pay for estate tax.
• Annelyn later claimed ownership of all the money in their mother's account, which had been withdrawn before Lagrimas' death.
• The complainant sent a letter to Planters Bank repudiating the EJS with Waiver and stopping the transaction.
• On January 14, 2016, the respondent filed a petition to approve Lagrimas' last will and testament, which the complainant opposed, claiming it was revoked by a later will.
• In May 2016, the complainant alleged that the respondent, in connivance with a Planters Bank employee, withdrew half of the money from the account and pocketed some of it instead of using it for estate tax.
• The respondent also sent a collection letter to the buyer of a property in Paule 1, Rizal, Laguna, without the complainant's knowledge, despite the complainant owning the property by virtue of a Deed of Absolute Sale.
• The respondent denied these allegations, stating that Annelyn withdrew her share as a co-depositor and that he was acting in his capacity as a lawyer for the estate.
• The Integrated Bar of the Philippines (IBP) Investigating Commissioner recommended a five-year suspension for the respondent, which the IBP Board of Governors reduced to one year.
• The respondent filed a motion to dismiss, citing an amicable settlement among the parties.

Issue:

• (Unlock)

Ruling:

• The Supreme Court dismissed the complaint against ...(Unlock)

Ratio:

• The Court found that the complainant failed to present substantial evidence that the respondent deceived him into signing the EJS with Waiver.
• The Court found no evidence that the respondent was involved in withdrawing money from Lagrimas' account and distributing it to the complainant's siblings and himself.
• The Court held that the respondent's a...continue reading