Title
Buenavista Properties, Inc. vs. Deloria
Case
A.C. No. 12160
Decision Date
Aug 14, 2018
BPI accused Atty. Deloria of CPR violations: conflict of interest, forum shopping, neglect. Court suspended him for two years.
Font Size:

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:

  1. Rules 15.01 and 15.03 (conflict of interest),
  2. Rule 12.02 (forum shopping),
  3. Canon 17, Rules 18.03, and 18.04 (neglect of client’s case).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.