Case Digest (A.C. No. 13376)
Facts:
The case involves a complaint for disbarment filed by Crisente L. Caparas (complainant) against Atty. Alwin P. Racelis (respondent) for alleged violations of the Lawyer's Oath and the Code of Professional Responsibility (CPR). The events leading to the complaint began on December 5, 2017, when Caparas approached Racelis to seek legal assistance in filing an ejectment case against the Pacias, who were occupying his land in Calamigan, Tiaong, Quezon Province. Respondent accepted the engagement and was paid a total of P35,000.00, comprising P20,000.00 in cash and P15,000.00 via money remittance, as Caparas had returned to Canada.
On December 20, 2017, while still in Canada, Caparas sent an email to Racelis confirming the remittance of the P15,000.00. The following day, Racelis acknowledged receipt of the email and assured Caparas that he would proceed with the case as soon as the necessary Barangay Certification was available. However, as time passed, Caparas did not rece...
Case Digest (A.C. No. 13376)
Facts:
Engagement and Payment
- On December 5, 2017, Crisente L. Caparas (complainant) engaged Atty. Alwin P. Racelis (respondent) to file an ejectment case against "the Pacias" concerning complainant's land in Calamigan, Tiaong, Quezon Province.
- Complainant paid respondent a total of P35,000.00, consisting of P20,000.00 in cash and P15,000.00 via money remittance after returning to Canada.
Communication and Follow-ups
- On December 20, 2017, complainant informed respondent via email about the remittance of P15,000.00. Respondent acknowledged receipt and promised to file the ejectment case once the Barangay Certification was available.
- Complainant authorized his sister-in-law, Guia Lindo, to represent him in the matter.
- On February 27, 2018, complainant emailed respondent for an update but received no response.
- Complainant attempted to contact respondent via Facebook Messenger on March 15, 2018, and June 27, 2018, but received no reply.
- On December 24, 2018, complainant sent another email asking for updates, but respondent did not reply.
- In March 2019, complainant again messaged respondent via Messenger but received no response.
Respondent’s Defense
- Respondent claimed he only met complainant once and coordinated with complainant’s representatives, Cecilia L. Pangan and Guia Lindo.
- Respondent alleged that Cecilia asked for P2,000.00 instead of providing necessary documents and later stopped communicating.
- Guia provided some documents but also stopped visiting respondent’s office.
- Respondent claimed he sent a demand letter to the Pacias in May 2018 but did not inform complainant.
Complaint and IBP Proceedings
- Complainant filed a verified complaint with the Integrated Bar of the Philippines (IBP), alleging respondent violated the Lawyer’s Oath and the Code of Professional Responsibility (CPR).
- The IBP Investigating Commissioner recommended a one-month suspension, a refund of P35,000.00 with interest, and an admonition.
- The IBP Board of Governors modified the recommendation to a three-month suspension and a refund without admonition.
Issue:
- Did respondent violate the Lawyer’s Oath and the Code of Professional Responsibility by failing to diligently handle complainant’s ejectment case and communicate updates?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)