Case Digest (A.C. No. 12160)
Facts:
This administrative case arose from a verified complaint filed on March 4, 2005, by Buenavista Properties, Inc. (BPI) against Atty. Amado B. Deloria, alleging multiple violations of the Code of Professional Responsibility (CPR). The complaint stemmed from a Joint Venture Agreement (JVA) executed on May 7, 1992, between BPI and La Savoie Development Corporation (LSDC), represented by Atty. Deloria. The agreement aimed to develop a parcel of land into a mixed-use commercial and residential subdivision. BPI claimed that while Atty. Deloria was a Commissioner at the Housing and Land Use Regulatory Board (HLURB), LSDC submitted plans and documents for approval, which BPI alleged were processed under his influence. LSDC subsequently sold subdivided lots at low prices, misrepresenting ownership, which led BPI to file a civil case against LSDC for contract termination and damages in the Regional Trial Court (RTC) of Quezon City. Atty. Deloria represented LSDC in this case, where thei...
Case Digest (A.C. No. 12160)
Facts:
Background of the Case
This administrative case arose from a verified complaint filed by Buenavista Properties, Inc. (BPI) against Atty. Amado B. Deloria for multiple violations of the Code of Professional Responsibility (CPR). The allegations included conflict of interest, forum shopping, and failure to file necessary pleadings on behalf of his client.
Joint Venture Agreement
On May 7, 1992, BPI entered into a Joint Venture Agreement (JVA) with La Savoie Development Corporation (LSDC), represented by Atty. Deloria, for the development and sale of subdivided lots. Atty. Deloria was a Commissioner of the Housing and Land Use Regulatory Board (HLURB) during the processing of the project.
Misrepresentation and Legal Actions
LSDC sold lots at low prices and misrepresented itself as the owner, prompting BPI to demand that LSDC stop selling the lots. When LSDC ignored the demands, BPI filed a civil case for termination of contract, recovery of property, and damages before the Regional Trial Court (RTC) of Quezon City. Atty. Deloria represented LSDC in this case.
HLURB Case and Conflict of Interest
Atty. Deloria filed a complaint with the HLURB on behalf of LSDC against BPI, seeking the same reliefs as in the RTC case. Additionally, he represented lot buyers in HLURB cases against BPI, including those who had filed a criminal estafa case against LSDC’s president, Jeanne G. Menguito.
Neglect of Duties
Corazon Flores, a lot buyer, executed a sworn statement alleging that Atty. Deloria neglected her case by failing to file necessary pleadings and communicate with her.
Misrepresentation of Employment and Misquotation
BPI also alleged that Atty. Deloria falsely represented that a certain Madelyn Hesola was BPI’s employee and misquoted provisions of the JVA in his pleadings.
Issue:
The primary issue is whether Atty. Deloria is administratively liable for violating the Code of Professional Responsibility, specifically:
- Rules 15.01 and 15.03 (conflict of interest),
- Rule 12.02 (forum shopping),
- Canon 17, Rules 18.03, and 18.04 (neglect of client’s case).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)