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
Case Digest (A.C. No. 11944)
Facts:
In the case of BSA Tower Condominium Corporation v. Atty. Alberto Celestino B. Reyes II, the disbarment complaint was filed by the BSA Tower Condominium Corporation against Atty. Alberto Celestino B. Reyes II. The events leading to this complaint began in November 2005 when BSA Tower engaged Reyes to address its real estate tax issues with the City of Makati. Between December 2006 and January 2007, Reyes reportedly received P25 million from BSA Tower, which he was expected to use for legitimate expenses related to his professional duties. However, he only accounted for P5 million of this amount, allegedly breaching Rule 16.01 of the Code of Professional Responsibility (CPR). On June 22, 2011, Reyes appeared as counsel for Marietta K. Ilusorio in a civil case against BSA Tower, concerning a reimbursement claim of P500,000 for advance payments made for the corporation's electric and water bills. During the proceedings, Reyes testified against BSA Tower and acknowledged that he was the Corporate Secretary at the time of the alleged advances. BSA Tower subsequently filed a motion to expunge Reyes's testimony, claiming a violation of Rules 15.03 and 21.02 of the CPR due to a conflict of interest. Reyes refuted these allegations, asserting that he had a valid agreement with BSA Tower regarding his fees and that the corporation had not objected to his represent...