A.C. No. 11026 - Dauin Point Land Corp. vs. Enojo

Dauin Point Land Corp. (complainant), a corporation under Philippine laws, filed a disbarment complaint against Atty. Richard R. Enojo (respondent), then Provincial Legal Officer of Negros Oriental.
The complaint alleges violations of the Code of Professional Responsibility (CPR) and the Canons of Professional Ethics by respondent.

On January 15, 2013, Ramon Regalado, through attorney-in-fact Merlinda A. Regalado, executed a Deed of Absolute Sale with complainant for a 7,081-square-meter parcel of land (Lot No. 394) located in Dauin, Negros Oriental, for PHP 6,000,000.
Respondent, on February 28, 2013, sent a letter on his official Provincial Legal Officer letterhead to Rosabelle O. Sanchez, Dauin Municipal Planning and Development Coordinator, offering an unsolicited legal opinion on complainant’s fencing permit application for the subject property.
Respondent claimed that a portion of the lot belonged to him as payment for legal services rendered to Ramon and objected to complainant’s fencing application for lacking his consent.

On April 24, 2013, Ananias M. Villacorta, Regional Director of DILG Region VII, declared respondent’s opposition to the fencing permit improper and unsubstantiated.
Respondent, in a letter dated October 26, 2015, stated that Lot No. 394 was subject to a pending case and blamed complainant for buying a problematic lot without consulting his office.
Respondent allegedly used his public office to have the Philippine National Police (PNP) send a harassing Request for Conference dated November 10, 2015 to complainant’s representatives.

Respondent unlawfully claimed ownership of the property.
Respondent used his official position to interfere in a private real estate transaction.
Respondent harassed complainant’s representatives through official channels.
These acts were for respondent’s private gain, preventing lawful ownership enjoyment.

Complainant filed administrative and criminal cases with the Ombudsman, which found probable cause for violation of RA 3019 against respondent.
Sandiganbayan found respondent guilty and imposed imprisonment and perpetual disqualification from public office.
Respondent was acquitted by the Supreme Court on April 6, 2022, due to reasonable doubt regarding some allegations.

Respondent claimed he merely requested a conference regarding his share of the property.
He asserted he wrote official letters as co-owner of the land and denied engaging in champerty.
He argued his legal opinions were proper as counsel for the property owner.

The IBP Investigating Commissioner recommended a two-year suspension for respondent for gross misconduct and conflict of interest.
The IBP Board of Governors approved the recommendation and noted respondent’s prior suspension for negligence.

Whether respondent Atty. Richard R. Enojo is administratively liable for gross misconduct for using his public office to advance private interests and rendering an unsolicited legal opinion involving a property he claimed ownership of.