Title
BSA Tower Condominium Corp. vs. Reyes II
Case
A.C. No. 11944
Decision Date
Jun 20, 2018
In the case of BSA Tower Condominium Corp. v. Reyes II, a disbarment complaint against Atty. Alberto Celestino B. Reyes II was dismissed due to lack of evidence, as the complainant failed to provide convincing proof of violations of the Code of Professional Responsibility.
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Case Digest (A.C. No. 11944)

Facts:

  • BSA Tower Condominium Corporation filed a disbarment complaint against Atty. Alberto Celestino B. Reyes II.
  • The complaint originated when BSA Tower engaged Reyes in November 2005 to address real estate tax issues with the City of Makati.
  • Between December 2006 and January 2007, Reyes received P25 million from BSA Tower for legitimate professional expenses but only accounted for P5 million.
  • On June 22, 2011, Reyes represented Marietta K. Ilusorio in a civil case against BSA Tower concerning a reimbursement claim of P500,000.
  • During the proceedings, Reyes testified against BSA Tower and acknowledged his position as Corporate Secretary at the time of the alleged advances.
  • BSA Tower filed a motion to expunge Reyes's testimony, citing a conflict of interest under Rules 15.03 and 21.02 of the Code of Professional Responsibility (CPR).
  • Reyes denied the allegations, asserting a valid fee agreement with BSA Tower and no objection to his representation of Ilusorio.
  • The Integrated Bar of the Philippines (IBP) initially recommended dismissing the complaint, a decision later upheld by the IBP Board of Governors.
  • BSA Tower's motion for reconsideration was denied, prompting the escalation of the case to the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court dismissed the disbarment complaint against Atty. Alberto Celestino B. Reyes II due to lack of merit.
  • The Court upheld the IBP's findings, concluding that BSA Towe...(Unlock)

Ratio:

  • The Court highlighted that the burden of proof in administrative proceedings rests with the complainant, necessitating substantial evidence for claims.
  • BSA Tower's allegations of Reyes's misappropriation of funds were contradicted by a ruling from the Makati Regional Trial Court, which found BSA Tower liable to pay Reyes for his services.
  • The Court determined that Reyes's representation of Ilusorio did not c...continue reading

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