Title
Basiyo vs. Alisuag
Case
A.C. No. 11543
Decision Date
Jul 28, 2020
Atty. Alisuag suspended for deceit, falsification, and willful disobedience to court orders, failing to file cases, account for funds, or return unutilized money, extending suspension to three years.
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Case Digest (A.C. No. 11543)

Facts:

Background of the Case

  • Complainants Susan Basiyo and Andrew William Simmons filed an administrative complaint against Atty. Joselito C. Alisuag for deceit, falsification, and malpractice, in violation of the Code of Professional Responsibility.
  • The allegations included:
    1. Failure to file a case for which his professional services were rendered.
    2. Failure to render a complete accounting of expenses related to the purchase of a property.
    3. Failure to return the remaining unutilized money despite numerous demands.

IBP Findings

  • The Integrated Bar of the Philippines (IBP)-Board of Governors, in Resolution No. XX-2012-594 dated December 29, 2012, reversed the IBP-CBD's recommendation to dismiss the complaint.
  • Atty. Alisuag was found guilty of deceit and falsification and was recommended for a two-year suspension from the practice of law.

Supreme Court Decision

  • In its Decision dated September 26, 2017, the Supreme Court sustained the IBP-Board of Governors' findings and recommendations.
  • The Court found Atty. Alisuag guilty of violating the Code of Professional Responsibility for:
    1. Failing to file the suit against Ganzon.
    2. Failing to secure required environmental permits.
    3. Refusing to account for the amounts given by the complainants.
    4. Failing to return the remaining unutilized money.
  • The Court suspended Atty. Alisuag for two years, revoked his notarial commission, and ordered him to render an accounting of expenses and return the unutilized amount within 60 days.

Subsequent Events

  • Atty. Alisuag filed a motion for reconsideration on December 16, 2017, which was denied by the Court on January 10, 2018.
  • Complainant Simmons filed two manifestations (July 18, 2018, and January 10, 2019) stating that Atty. Alisuag had not complied with the Court's directives despite receiving the Decision and Resolution.

Issue:

  1. Whether Atty. Alisuag's failure to comply with the Court's directives constitutes a violation of the Code of Professional Responsibility.
  2. Whether Atty. Alisuag's actions warrant additional penalties beyond the original two-year suspension.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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