Case Digest (A.C. No. 11439)
Facts:
Bataan Shipyard and Engineering Company Inc. v. Atty. Anthony Jay B. Consunji, A.C. No. 11439, January 04, 2022; 919 Phil. 46; 120 OG No. 48, 14034 (November 25, 2024), the Supreme Court En Banc, Per Curiam, decided November 25, 2024. The complainant is Bataan Shipyard and Engineering Company Inc. (BASECO); the respondent is Atty. Anthony Jay B. Consunji (respondent was counsel to BASECO from 2005–2011).BASECO filed an administrative complaint alleging that Atty. Consunji received P20,593,781.42 in cash advances for professional fees and for payment of taxes, but failed to render accounting or liquidate the advances and failed to render the contracted legal services (titling and reconstitution of land titles in Engineering Island). BASECO sent demand letters (one dated December 14, 2012) that went unanswered and also filed related criminal charges with the Office of the Ombudsman (docketed OMB‑C‑C‑13‑0429). The complaint itemized disbursements and payments to respondent and to third‑party law firms; it also alleged that the reconstitution/titling work was ultimately done by other counsel for a fraction of what BASECO paid respondent.
In response to this Court’s Resolution of August 17, 2016, respondent filed a Comment (Dec. 22, 2016) denying culpability and claiming he had liquidated the advances and turned receipts over to BASECO’s Finance Department (some records allegedly seized by the PCGG). BASECO filed its Reply on March 24, 2017. On August 9, 2017, the Court referred the matter to the Integrated Bar of the Philippines (IBP) for investigation and recommendation. The IBP‑Commission on Bar Discipline (CBD) scheduled a mandatory conference (July 26, 2018); neither party appeared and the IBP directed submission of verified position papers. Respondent submitted a position paper reiterating his defenses and citing his acquittal by the Ombudsman in OMB‑C‑C‑13‑0429; BASECO did not participate further (notices returned unserved).
The IBP Investigating Commissioner issued a Memorandum (Nov. 23, 2018) recommending dismissal for lack of merit, and the IBP Board of Governors adopted that recommendation b...(Pro-only)
Issues:
- Did the evidence establish that Atty. Consunji violated his duty to account and liquidate funds entrusted to him, and that he failed to render competent and diligent legal services, in violation of the Code of Professional Responsibility?
- If liability is established, what is the appropriate disciplinary penalty and monetary relief (including restitution...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)