Title
CA-G.R. CV No. 96282 vs. Santamaria
Case
A.C. No. 11173
Decision Date
Jun 11, 2018
Atty. Santamaria suspended for six months for willful disobedience to CA orders, failing to comply with directives, undermining judicial authority.
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Case Digest (A.C. No. 11173)

Facts:

1. Civil Case Background
A civil action for Declaration of Nullity of Deed of Real Estate Mortgage, Reconveyance of Transfer Certificate of Title No. T-710729, and Damages was filed by spouses Bayani and Myrna M. Partoza against Lilia B. Montano and Amelia T. Solomon. The Regional Trial Court (RTC) dismissed the case.

2. Filing of Notice of Appeal
On November 25, 2010, Atty. Samson D. Villanueva, the counsel on record, filed a Notice of Appeal. The case was docketed as CA-G.R. CV No. 96282. The Court of Appeals (CA) required the submission of the Appellant's Brief on March 25, 2011.

3. Withdrawal of Appearance and Substitution of Counsel
On April 27, 2011, Atty. Villanueva filed his Withdrawal of Appearance, which was acknowledged by Honnie M. Partoza, the attorney-in-fact of the appellants. Respondent Atty. Claro Jordan M. Santamaria subsequently filed an Appellant's Brief on July 4, 2011.

4. CA Directives and Non-Compliance
The CA issued several resolutions requiring respondent to submit proof of authority for Honnie M. Partoza, his formal Entry of Appearance, and other necessary documents. Despite repeated directives, respondent failed to comply with these orders.

5. Contempt and Dismissal of Appeal
On October 25, 2012, the CA cited respondent in contempt and imposed a fine of P5,000.00. The CA also ordered the expungement of the Appellant's Brief and dismissed the appeal. Respondent continued to ignore subsequent resolutions, leading to a referral of his conduct to the Integrated Bar of the Philippines (IBP) for investigation.

6. IBP Investigation and Recommendation
The IBP Investigating Commissioner found respondent liable for willful disobedience to the CA's orders and recommended a six-month suspension from the practice of law. The IBP Board of Governors adopted this recommendation.

Issue:

Whether respondent Atty. Claro Jordan M. Santamaria is administratively liable for willful disobedience to the lawful orders of the Court of Appeals.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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