Case Digest (A.C. No. 13786)
Facts:
Probo H. Castillo v. Atty. Jose N. Laki, A.C. No. 13786, June 18, 2024, the Supreme Court En Banc, Zalameda, J., writing for the Court.Complainant Probo H. Castillo filed a verified complaint dated February 21, 2018 seeking the disbarment of respondent Jose N. Laki for gross negligence, gross ignorance of the law, inefficiency, lack of integrity, and conduct unbecoming a lawyer. Castillo alleged he retained Laki from November 2016 to September 18, 2017 and paid him PHP 210,000 to handle four matters: (a) LRD CAD No. 3447 (petition to compel surrender/cancel TCT No. 505528‑R); (b) LRC Case No. 3310 (petition to cancel adverse claim in TCTs); and two criminal estafa complaints (NPS DOCKET Nos. III‑13‑INV‑17‑E‑00474 and III‑13‑INV‑17‑E‑00475).
Chronologically, the CAD petition was dismissed without prejudice by the Regional Trial Court, Branch 44, San Fernando, Pampanga for failure to implead the Register of Deeds; both estafa complaints filed on Castillo’s behalf were dismissed by the Office of the City Prosecutor for lack of probable cause/insufficiency of evidence; and the LRC petition prospered against Castillo because Laki failed to file the court‑ordered comment. Castillo also sent Laki a letter dated September 18, 2017 directing him to withdraw.
The Integrated Bar of the Philippines Commission on Bar Discipline (IBP‑CBD) ordered Laki to file an answer on May 28, 2018. Laki sought an extension on July 26, 2018 but never filed an answer or position paper, and he failed to appear at the mandatory conference scheduled for November 8, 2019. The Investigating Commissioner issued a Report and Recommendation dated August 3, 2022 finding that Laki negligently handled Castillo’s matters, disobeyed IBP directives, and recommending fines (PHP 20,000 for noncompliance and an additional PHP 20,000 for violations of Canon 18, Rul...(Subscriber-Only)
Issues:
- Did respondent Jose N. Laki violate Canon 18, Rules 18.02 and 18.03 of the Code of Professional Responsibility as allege...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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