Case Digest (A.C. No. 11543)
Facts:
The case involves complainants Susan Basiyo and Andrew William Simmons against Atty. Joselito C. Alisuag, with the administrative complaint filed on September 26, 2017. The complaint arose from Atty. Alisuag's alleged deceit, falsification, and malpractice, specifically for failing to file a case for which he was retained, not providing a complete accounting of expenses related to a property purchase, and not returning unutilized funds despite multiple demands. The Integrated Bar of the Philippines (IBP) initially recommended the dismissal of the complaint, but this was reversed by the IBP-Board of Governors on December 29, 2012, which found Atty. Alisuag guilty and recommended a two-year suspension. The Supreme Court upheld this recommendation in its decision on September 26, 2017, ordering Atty. Alisuag to render an accounting and return the unutilized funds within sixty days. Following his receipt of the decision, Atty. Alisuag filed a motion for reconsideration on Dec...
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:
- Failure to file a case for which his professional services were rendered.
- Failure to render a complete accounting of expenses related to the purchase of a property.
- 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:
- Failing to file the suit against Ganzon.
- Failing to secure required environmental permits.
- Refusing to account for the amounts given by the complainants.
- 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:
- Whether Atty. Alisuag's failure to comply with the Court's directives constitutes a violation of the Code of Professional Responsibility.
- Whether Atty. Alisuag's actions warrant additional penalties beyond the original two-year suspension.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)