Case Digest (A.C. No. 9018)
Facts:
Teresita P. Fajardo v. Atty. Nicanor C. Alvarez, A.C. No. 9018, April 20, 2016, the Supreme Court Second Division, Leonen, J., writing for the Court. This administrative disciplinary proceeding originates from a verified complaint filed with the Office of the Bar Confidant by Teresita P. Fajardo (complainant), then Municipal Treasurer of San Leonardo, Nueva Ecija, against Atty. Nicanor C. Alvarez (respondent), a Legal Officer III at the National Center for Mental Health under the Department of Health.Around 2009, Fajardo engaged Atty. Alvarez to handle cases before the Office of the Ombudsman. Fajardo alleged that Alvarez demanded an acceptance fee totaling P1,400,000.00 and represented that he had friends in the Ombudsman who could have the cases dismissed for a fee; she said Alvarez told her P500,000.00 would be paid to those contacts. According to Fajardo, Alvarez never entered his appearance or signed pleadings, the Ombudsman soon issued a resolution recommending criminal charges and dismissal, and Alvarez failed to return monies she demanded.
Alvarez admitted he was a Legal Officer III and produced a written authorization from the head of the National Center for Mental Health permitting private practice under conditions (DOH Administrative Order No. 21, s. 1999). He asserted an agreed arrangement with Fajardo for staggered payments (a 50% downpayment, balance in installments, and a voluntary success fee) and said he prepared motions for reconsideration, petitions for injunction, and appellate pleadings. He maintained the fee he quoted (P500,000.00 for acceptance) reflected case difficulty and work, and that miscellaneous costs were paid in part.
On June 1, 2011, Fajardo filed a verified complaint with the Office of the Bar Confidant. The case was referred to the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline for investigation. The Investigating Commissioner issued a Report and Recommendation (Nov. 12, 2012) finding respondent guilty of unlawful, immoral and deceitful acts, recommending one-year suspension and ordering return of P700,000.00 to complainant with legal interest. The IBP Board of Governors adopted and approved the Investigating Commissioner’s findings on June 21, 2013 (Notice of Resolution No. XX-2013-778) a...(Subscriber-Only)
Issues:
- Is Atty. Nicanor C. Alvarez, as a Legal Officer III at the National Center for Mental Health, authorized to engage in the private practice of law while in government service?
- If Alvarez engaged in private practice, were the attorney’s fees he charged reasonable under the princi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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