Title
Leonor vs. Delfin
Case
A.M. No. P-98-1274
Decision Date
Sep 9, 1999
A Clerk of Court was penalized for gross misconduct for soliciting legal services from her lawyer-husband and acting as his collecting agent, receiving a fine and warning from the Supreme Court.
Font Size

Case Digest (A.M. No. P-98-1274)

Facts:

  • Acela P. Leonor filed a complaint against Vilma B. Delfin, Clerk of Court III, Municipal Trial Circuit Court, Bacolod City.
  • On August 22, 1996, Leonor sought corrections for her son Roscoe Leonor Deles, Jr.'s birth certificate to facilitate his employment in Japan.
  • Delfin assured Leonor that the corrections could be completed in one and a half months for a fee.
  • The agreed fee was P6,000.00, which Leonor could not pay upfront.
  • Payments made by Leonor included:
    • P2,000.00 initially
    • P2,000.00 on August 27
    • P1,000.00 on September 16
    • P1,000.00 on September 18, 1996
  • Leonor believed the petition for correction was being prepared and filed by Delfin.
  • On October 16, 1996, Leonor's son learned from Delfin that no petition had been filed.
  • Leonor demanded a refund and received only P3,635.00 back.
  • Leonor filed a letter complaint on November 18, 1996, alleging dishonesty on Delfin's part.
  • Delfin claimed she did not solicit Leonor's retainership and that her actions were outside her official duties.
  • The case was docketed as an administrative matter, leading to a recommendation for disciplinary action against Delfin.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court found Vilma B. Delfin guilty of gross misconduct.
  • A fine of P2,000.00 was imposed on Delfin.
  • Delfin was warned that any fu...(Unlock)

Ratio:

  • The Court highlighted that court employees must exhibit propriety, decorum, and integrity in their conduct.
  • Delfin's solicitation of fees and direct dealings with a client in her official capacity were deemed highly improper and constituted grave misconduct.
  • Although Delfin claimed her actions were motivated ...continue reading

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.

© 2024 Jur.ph. All rights reserved.