Case Digest (A.C. No. 11217)
Facts:
The case involves Lino C. Bernal, Jr. (complainant) against Atty. Ernesto M. Prias (respondent) concerning a disbarment complaint filed on October 7, 2020. The events leading to the complaint began in December 2014 when respondent visited the City Treasurer's Office in Antipolo City to redeem a property owned by Solid Builders, Inc. Respondent claimed to be the authorized representative of the delinquent taxpayer. The property in question is located in Sitio Labahan, Barangay Mambugan, Antipolo City, and is described under Transfer Certificate of Title No. N-123108. On December 22, 2014, respondent paid the unpaid real property taxes amounting to P167,982.80, as evidenced by Official Receipt No. 4449001. However, he was informed that the payment would only benefit the declared owner and was required to submit proof of his authority to redeem the property by January 12, 2015. Respondent failed to provide any such proof by the deadline. Consequently, on January 30, 2015, Be...
Case Digest (A.C. No. 11217)
Facts:
Initial Encounter and Representation:
- In December 2014, Atty. Ernesto M. Prias (respondent) went to the City Treasurer's Office of Antipolo City to redeem a property registered under Solid Builders, Inc. He claimed to be the authorized representative of the delinquent taxpayer or person holding a lien over the property.
- Lino C. Bernal, Jr. (complainant), the Officer-in-Charge of the City Treasurer's Office, met respondent for the first time during this encounter.
Property Details:
- The property in question is located in Sitio Labahan, Barangay Mambugan, Antipolo City, with an area of 766 square meters, covered under Transfer Certificate of Title (TCT) No. N-123108 and Tax Declaration No. AC-011-05640.
Payment and Conditions:
- On December 22, 2014, respondent paid P167,982.80 for unpaid real property taxes and interest.
- He was informed that the payment would only benefit the declared owner and was advised to submit proof of authority or ownership by January 12, 2015.
- Respondent failed to submit the required documents by the deadline.
Cancellation of Payment:
- On January 30, 2015, complainant sent a letter to respondent canceling the payment due to the lack of proof of authority.
Meeting with Registered Owners:
- Complainant later met with the registered owners of the property, who informed him that respondent had offered to buy the property but was denied. They also stated that Florentina Genove was their authorized representative for redemption.
Respondent’s Defense:
- Respondent claimed he leased the property from a certain Mr. Carriaga, who introduced himself as the owner. He used the property for his gravel and sand business.
- He argued that as the actual possessor, he had a legal interest in the property and sought to redeem it to avoid paying interest.
- Respondent denied misrepresenting himself as the authorized representative of the registered owner.
Disbarment Complaint:
- Complainant filed a disbarment case against respondent for violating the Lawyer’s Oath and Rule 1.01, Canon 1 of the Code of Professional Responsibility (CPR), which prohibits unlawful, dishonest, immoral, or deceitful conduct.
Issue:
- Whether respondent violated the Lawyer’s Oath and Rule 1.01, Canon 1 of the CPR by misrepresenting himself as the authorized representative of the registered owner to redeem the property.
- Whether respondent’s actions constitute dishonesty and deceitful conduct warranting disciplinary action.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)