Case Digest (A.C. No. 5081)
Facts:
- Complainants: Emiliana M. Eustaquio, Piorillo Gutierrez Rubis, and Alicia Montero Rubis.
- Date of complaint: June 17, 1999, against Atty. Rex C. Rimorin for grave misconduct.
- Allegation: Falsification of documents to sell complainants' property without their consent.
- Property details: Registered under Transfer Certificate of Title (TCT) No. T-30444, acquired on July 30, 1979.
- Atty. Rimorin executed a Special Power of Attorney on June 22, 1991, while complainants were in the U.S.
- The fraudulent document was used to sell the property to Mr. and Mrs. So Hu on July 3, 1991.
- TCT No. 40835 was issued in the So Hu spouses' names on July 5, 1991.
- Alicia Rubis unknowingly signed a memorandum of agreement with the So Hu spouses in November 1997.
- The case was referred to the Integrated Bar of the Philippines (IBP) after Atty. Rimorin did not respond to the complaint.
- IBP found Atty. Rimorin guilty of grave misconduct and initially recommended disbarment, later modified to a five-year suspension.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that Atty. Rex C. Rimorin committed grave misconduct by falsifying documents.
- The Court confirmed the IBP's recommendation to suspend Atty. Rimorin from practicing law for five years.
- Atty. Rimorin's notari...(Unlock)
Ratio:
- The Supreme Court emphasized that practicing law requires high standards of morality, honesty, and fair dealing.
- Atty. Rimorin's actions, including the execution of a fraudulent Special Power of Attorney, constituted a serious breach of ethical standards.
- The investigation revealed clear evidence of fraud, as the Special Power of Attorney was executed while the complainants were a...continue reading
Case Digest (A.C. No. 5081)
Facts:
In the case of Emiliana M. Eustaquio, Piorillo Gutierrez Rubis, and Alicia Montero Rubis vs. Atty. Rex C. Rimorin, the complainants filed a verified complaint on June 17, 1999, alleging grave misconduct against Atty. Rimorin for falsifying documents that enabled him to sell a parcel of land owned by the complainants without their knowledge or consent. The complainants, Piorillo and Alicia Rubis, were the registered owners of a property located at Dizon Subdivision, Baguio City, covered by Transfer Certificate of Title (TCT) No. T-30444, which they acquired on July 30, 1979. While the complainants were in the United States on June 22, 1991, Atty. Rimorin executed a Special Power of Attorney, purportedly notarized, allowing him to act on behalf of the Rubis spouses. He then used this fraudulent document to execute a Deed of Absolute Sale on July 3, 1991, transferring the property to Mr. and Mrs. So Hu, which led to the issuance of TCT No. 40835 in their names on July 5, 1991. In November 1997, during a visit to the Philippines, Alicia Rubis unknowingly signed a memorandum of agreement with the So Hu spouses, which attempted to legitimize the earlier fraudulent sale. The case was referred to the Integrated Bar of the Philippines (IBP) for investigation after Atty. Rimorin failed to respond to the complaint. The IBP found him guilty of grave misconduct and recommended disbarment. However, the Board of Governors...