Title
Lampas-Peralta vs. Ramon
Case
A.C. No. 12415
Decision Date
Mar 5, 2019
Atty. Ramon fabricated a fake CA decision, extorted money from clients, and failed to defend herself, leading to her disbarment for grave misconduct and ethical violations.
A

Case Digest (A.C. No. 12415)

Facts:

  • Background and Parties
    • Complainants: CA Associate Justices Fernanda Lampas-Peralta, Stephen C. Cruz, and Ramon Paul L. Hernando (the latter formerly a junior member of the CA Fifth Division, now a member of the Court).
    • Respondent: Atty. Marie Frances E. Ramon, a member of the bar admitted on May 4, 2004 (Roll No. 49050), and counsel to parties involved in the case.
    • Nature of the Proceeding: A Joint Complaint-Affidavit for disbarment filed before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline.
  • Origin of the Complaint
    • On March 4, 2016, a third party, Maria Rossan De Jesus, inquired at the Office of the Division Clerk of the CA Fifth Division about the veracity of a purported decision allegedly authored by the complainants.
    • The decision pertained to the criminal case "People of the Philippines v. Tirso Fajardo y Delos Trino" (CA-G.R. CR No. 08005) and purportedly ordered the acquittal of Tirso Fajardo.
    • Respondent, acting as counsel, provided this decision to De Jesus as "proof" of the acquittal, but indicated that its promulgation depended on the payment of a substantial sum.
  • Discovery of Falsity and Entrapment Operation
    • The complainants, upon checking their case assignments, discovered that the criminal case was still pending and assigned to a different CA Associate Justice.
    • Confirmation was obtained via the CA Clerk of Court’s Certification.
    • On March 9, 2016, it was learned through media reports that an entrapment operation had been conducted by the National Bureau of Investigation (NBI), leading to respondent’s capture red-handed while receiving marked money.
    • The NBI complaint detailed that respondent fraudulently solicited approximately one million pesos in legal fees from her clients under false pretenses.
  • Details of the Fraudulent Acts
    • Respondent facilitated the creation and dissemination of a fake decision that allegedly acquitted Fajardo.
    • She falsely included the names of the complainants in the fabricated decision, despite the case being raffled to another division.
    • Her actions extended to misrepresenting her ability to influence Associate Justices of the Court of Appeals to secure acquittals.
    • The operation further documented that respondents’ modus operandi involved extorting money by assuring expedited release of the fake decision, culminating in an entrapment at a public venue (Jollibee Restaurant, Kalaw Ave., Ermita, Manila).
  • IBP Involvement and Administrative Proceedings
    • Complainants filed the administrative complaint alleging disbarment on several grounds including misrepresentation, fraud, and gross misconduct.
    • Despite due notice, respondent failed to file an answer or appear at the mandatory conference before the IBP Commission.
    • The IBP Commission, after reviewing the Joint Position Paper filed by the complainants, issued a Report and Recommendation on September 26, 2016 recommending respondent’s disbarment.
    • The IBP Board of Governors subsequently adopted these findings in a Resolution dated November 28, 2017, imposing disbarment.

Issues:

  • Whether respondent, Atty. Marie Frances E. Ramon, committed acts that warrant disbarment.
    • Did she engage in fraudulent and deceitful conduct by fabricating a fake court decision and misrepresenting the authority of the CA justices?
    • Was her solicitation of exorbitant legal fees, including extortion of approximately one million pesos, sufficient to constitute a violation of the Lawyer’s Oath and the Code of Professional Responsibility?
  • Whether respondent’s actions constitute grave misconduct under the applicable ethical and legal provisions.
    • Is the deliberate inclusion of complainants’ names in a fabricated decision, which pertained to a case assigned to another division, a clear deviation from professional integrity?
    • Did her conduct show a willful intent to defraud and compromise the reputation of the judiciary and legal profession?
  • Whether the evidence, including the entrapment operation and NBI’s intervention, sufficiently substantiates the charge against respondent.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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