Case Digest (A.C. No. 6368)
Facts:
- Fidela G. Bengco and Teresita N. Bengco filed a disbarment complaint against Atty. Pablo S. Bernardo.
- The events occurred between April 15, 1997, and July 22, 1997.
- Atty. Bernardo, in collusion with Andres Magat, allegedly deceived the complainants into giving him ₱495,000.00.
- He falsely claimed he would expedite the titling of land owned by the Miranda family in Tagaytay City.
- Atty. Bernardo misrepresented himself as the lawyer for William Gatchalian, a prospective buyer, asserting he had connections with government agencies.
- After receiving the money, he failed to fulfill his promise and misappropriated the funds for personal use.
- The complainants filed a complaint for Estafa, leading to a finding of probable cause by the Third Municipal Circuit Trial Court.
- Atty. Bernardo denied the allegations, claiming no involvement in the deceit.
- The case was referred to the Integrated Bar of the Philippines (IBP) for investigation, which found sufficient evidence of misconduct.
- The IBP initially recommended a two-year suspension, later modified by the IBP Board of Governors.
- Atty. Bernardo filed a motion for reconsideration, arguing the complaint was filed beyond the two-year prescription period and denying any wrongdoing.
- The IBP found he failed to comply with court orders and showed a lack of respect for the legal profession.
Issue:
- (Unlock)
Ruling:
- Yes, Atty. Pablo S. Bernardo committed deceit and malpractice, warranting disciplinary action.
- No, the defense of prescription is not applicable to the administrative complaint against Atty. Bernardo.
- Atty. Pablo S. Bernardo is suspended ...(Unlock)
Ratio:
- The Supreme Court upheld the IBP's findings, stating Atty. Bernardo's actions constituted serious misconduct, including deceit and violation of his duties as a lawyer.
- Administrative cases against lawyers do not prescribe, meaning the e...continue reading
Case Digest (A.C. No. 6368)
Facts:
This case involves a disbarment complaint filed by Fidela G. Bengco and Teresita N. Bengco against Atty. Pablo S. Bernardo. The events leading to the complaint occurred between April 15, 1997, and July 22, 1997, when Atty. Bernardo, in collusion with a certain Andres Magat, allegedly deceived the complainants into providing him with ₱495,000.00. Atty. Bernardo falsely represented that he would expedite the titling of land owned by the Miranda family in Tagaytay City, which was of interest to the complainants. He misrepresented himself as the lawyer for William Gatchalian, a prospective buyer of the land, claiming to have connections with various government agencies involved in land titling. After receiving the money, Atty. Bernardo failed to fulfill his promise and misappropriated the funds for personal use. The complainants filed a complaint for Estafa against him and Magat, which led to a finding of probable cause by the Third Municipal Circuit Trial Court of Sto. Tomas and Minalin, Pampanga. Atty. Bernardo denied the allegations, claiming he was not involved in the deceit and that the arrangement was made solely between the complainants and Magat. The case was referred to the Integrated Bar of the Philippines (IBP) for investigation, where the Investigating Commissioner found sufficient evidence of deceit and misconduct. The IBP recommended a two-year suspension, which was later modified by the IBP Board o...