Case Digest (G.R. No. 143085)
Facts:
In Flores v. Atty. Delos Santos, Norma F. Flores and her son Mark Sherwin F. Flores engaged Atty. William F. Delos Santos to handle Mark’s appeal from convictions under Sections 5 and 11, Article II of Republic Act No. 9165 before the Regional Trial Court of Manila, Branch 23. Upon engagement, Atty. Delos Santos demanded PHP 20,000.00 as an initial acceptance fee and PHP 5,000.00 for documentary requests, which Norma promptly paid. He later secured additional cash totalling PHP 77,500.00 but provided no updates. When confronted on July 9, 2015, he claimed to have entered his appearance with the Court of Appeals and requested more funds. On July 18, 2015, he induced Norma to raise PHP 160,000.00 allegedly to “bribe” the Justices of the Fifteenth Division of the Court of Appeals. Norma deposited the sums on August 5, 2015, August 15, 2015, and October 5, 2015 into an account under the name of Atty. Delos Santos’s wife. Despite his assurances, the Court of Appeals affirmed Mark’s cCase Digest (G.R. No. 143085)
Facts:
- Parties and case background
- Complainants Norma F. Flores and Mark Sherwin F. Flores filed a complaint against Atty. William F. Delos Santos for violations of the Lawyer’s Oath and the Code of Professional Responsibility after Mark’s conviction under RA 9165, Criminal Case Nos. 11-288297 and 11-288298, by RTC Manila, Branch 23.
- Within the appeal period, Norma engaged Atty. Delos Santos, paying P20,000.00 as initial acceptance fee and P5,000.00 for document procurement.
- Fees paid and alleged filings
- Norma made further payments totaling P77,500.00; respondent claimed to have filed a Formal Entry of Appearance before the Court of Appeals on July 8, 2015, yet provided no updates.
- On July 18, 2015, respondent demanded an additional P160,000.00 to “bribe” the Fifteenth Division of the Court of Appeals (P10,000.00 for a runner; P150,000.00 divided at P50,000.00 per justice).
- Deposit of alleged bribe and appeal outcome
- Norma borrowed and deposited P160,000.00 in three tranches (Aug 5, Aug 15, and Oct 5, 2015) into a BDO account under respondent’s wife, Reinalyn B. Delos Santos, as instructed.
- The Court of Appeals affirmed Mark’s conviction on July 25, 2016; respondent never filed the Appellant’s Reply Brief nor returned any money.
- Disciplinary proceedings
- Complaint dated August 2, 2016 was received by the Supreme Court. Respondent failed to comment on the SC’s Notice of Resolution dated November 16, 2016, leading to referral to the IBP.
- The IBP Investigating Commissioner found gross misconduct and recommended disbarment; the IBP Board ordered return of P160,000.00 with legal interest and denied respondent’s motion for reconsideration on March 13, 2021.
Issues:
- Whether Atty. William F. Delos Santos’s conduct constitutes gross misconduct warranting disbarment.
- Whether the evidence establishes respondent’s deceitful scheme and noncompliance with lawful orders.
- What sanction under the Rules of Court and the Code of Professional Responsibility is appropriate.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)