Title
Bernardo, Jr. vs. Mejia
Case
A.C. No. 2984
Decision Date
Jul 29, 1992
Atty. Mejia misappropriated client funds, falsified documents to defraud, and issued bouncing checks, leading to disbarment for gross misconduct and ethical violations.
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Case Digest (A.C. No. 2984)

Facts:

Misappropriation of Funds

  1. First Entrusted Sum (P27,710.00):

    • Complainant Rodolfo M. Bernardo, Jr. entrusted respondent Atty. Ismael F. Mejia with P27,710.00 to pay real estate taxes for Bernardo's property in Valle Verde I.
    • Atty. Mejia filled out two blank checks provided by Bernardo for P13,450.00 and P14,260.00, encashed them, and received the proceeds.
    • Atty. Mejia admitted spending P10,010.00 for personal use and promised to return it. However, the taxes were not paid, and the remaining P17,710.00 was unaccounted for.
  2. Second Entrusted Sum (P40,000.00):

    • Bernardo gave Atty. Mejia P40,000.00 to pay taxes and secure the title for another property in Valle Verde V.
    • Atty. Mejia encashed the checks but failed to pay the taxes. Instead, he submitted falsified documents to reduce the taxes and pocketed P33,114.04.

Falsification of Documents

  1. Special Power of Attorney:
    • Atty. Mejia submitted a falsified Special Power of Attorney purportedly signed by Bernardo.
  2. Deed of Sale:
    • Atty. Mejia submitted a falsified Deed of Sale with a reduced consideration of P35,000.00 instead of the actual P570,000.00.
  3. Deed of Assignment:
    • Atty. Mejia submitted a falsified Deed of Assignment purportedly executed by the spouses Tomas and Remedios Pastor in favor of Bernardo.

Issuance of Bouncing Checks

  • Atty. Mejia issued a postdated check for P50,000.00 to Bernardo, which bounced due to insufficient funds. He later replaced it with other checks, which also bounced.

Issue:

  1. Whether Atty. Mejia misappropriated funds entrusted to him by Bernardo.
  2. Whether Atty. Mejia falsified documents to defraud Bernardo and the government.
  3. Whether Atty. Mejia issued bouncing checks, constituting grave misconduct.

Ruling:

The Supreme Court adopted the findings and recommendations of the Integrated Bar of the Philippines (IBP) Board of Governors. Atty. Ismael F. Mejia was found guilty of all charges, including misappropriation of funds, falsification of documents, and issuance of bouncing checks. The Court imposed the penalty of disbarment and ordered his immediate suspension from the practice of law pending the finality of the judgment.

Ratio:

  1. Misappropriation of Funds:

    • Atty. Mejia’s failure to account for the entrusted funds and his admission of using part of the money for personal use constituted misappropriation. This act betrayed his client’s trust and violated his duty as a lawyer.
  2. Falsification of Documents:

    • Atty. Mejia’s submission of falsified documents to reduce taxes and pocket the difference demonstrated deceit and dishonesty. Such actions are grossly unethical and undermine the integrity of the legal profession.
  3. Issuance of Bouncing Checks:

    • The issuance of bouncing checks, especially by a lawyer, constitutes grave misconduct and a violation of Batas Pambansa Blg. 22, a crime involving moral turpitude.

The Court emphasized that lawyers must uphold the highest standards of honesty, integrity, and good faith in both their professional and personal dealings. Atty. Mejia’s actions warranted the severest penalty of disbarment to protect the public and maintain the integrity of the legal profession.


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