Case Digest (A.C. No. 10815)
Facts:
- A disbarment complaint was filed by Atty. Vicente Roy L. Kayaban, Jr. against Atty. Leonardo B. Palicte III on June 26, 2015.
- The complaint alleged misrepresentation and unauthorized use of the complainant's name in Civil Case No. 82422, pending in the MeTC, Branch 63, Makati City.
- The complainant received an Order on February 12, 2014, questioning his absence from a scheduled hearing.
- Confused, the complainant submitted an Ex-Parte Manifestation, stating he was unaware of the case and that Atty. Palicte had used his name without consent.
- The complainant requested that all future communications be directed to Atty. Palicte.
- Investigation revealed the complainant had previously entered his appearance in the case as part of "Kayaban Palicte & Associates."
- The complainant demanded Atty. Palicte disassociate him from the case, claiming forgery of his signature on the Entry of Appearance.
- Atty. Palicte acknowledged the demand but the complainant found this response inadequate.
- The complainant cited violations of the Code of Professional Responsibility regarding dishonesty and misrepresentation.
- Atty. Palicte claimed an informal partnership with the complainant and denied the allegations, asserting they were unfounded.
- The IBP investigated and found Atty. Palicte guilty of violating several canons of the Code of Professional Responsibility, recommending suspension instead of disbarment.
Issue:
- (Unlock)
Ruling:
- The Supreme Court found Atty. Leonardo B. Palicte III guilty of violating the Lawyer's Oath and several canons of the Code of Professional Responsibility.
- The Court adopted the IBP's recommendat...(Unlock)
Ratio:
- The Court emphasized the expectation for lawyers to maintain the highest standards of honesty, integrity, and fair dealing.
- Atty. Palicte's actions represented a serious breach of these standards through unauthorized misrepresentation of the complainant's involvement in the case.
- Sufficient evidence of misrepresentation and dishonesty was fo...continue reading
Case Digest (A.C. No. 10815)
Facts:
The case involves a disbarment complaint filed by Atty. Vicente Roy L. Kayaban, Jr. (complainant) against Atty. Leonardo B. Palicte III (respondent). The complaint was lodged on June 26, 2015, with the Office of the Bar Confidant, alleging misrepresentation and unauthorized use of the complainant's name and identity in Civil Case No. 82422, which was pending before the Metropolitan Trial Court (MeTC), Branch 63 in Makati City. The issue arose when the complainant received an Order dated February 12, 2014, from the MeTC, directing him to explain why he failed to appear in a scheduled hearing. Confused by this order, the complainant submitted an Ex-Parte Manifestation, stating that he was unaware of the case and that Atty. Palicte had been using his name and office address without consent. The complainant requested that all future communications regarding the case be directed to Atty. Palicte.
Upon further investigation, it was revealed that the complainant had previously entered his appearance in the case as part of the law firm "Kayaban Palicte & Associates." The complainant subsequently demanded that Atty. Palicte disassociate him from the case, asserting that his signature on the Entry of Appearance was forged. Atty. Palicte acknowledged receipt of the complainant's demand and expressed his intention to comply, but the complainant found this insufficient. The complainant claimed that Atty. Palicte's actions constituted a violation of the Code of Professional Responsibility, specifically citing rules on dishonesty and misrepresentation.
In response, Atty. Palicte contended that he and the complainant had an infor...