Case Digest (G.R. No. L-79974) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In A.C. No. 7594, decided en banc on February 9, 2016 under 780 Phil. 462, Adelpha E. Malabed filed on August 7, 2007 an administrative complaint with the Integrated Bar of the Philippines (IBP) against Atty. Meljohn B. De la PeAa, charging him with dishonesty and grave misconduct in connection with Civil Case No. B-1118 for quieting of title before the Regional Trial Court, Branch 16, Naval, Biliran. Malabed alleged that De la PeAa deliberately misrepresented that he had secured a valid Certificate to File Action from the Lupon Tagapamayapa when, in fact, the document he submitted post-dated the filing of the complaint; failed to furnish her counsel with a copy of the free patent covered by Original Certificate of Title No. 1730, which she later alleged was fabricated; notarized a deed of donation involving land owned by Malabed’s family despite a conflict of interest; and connived with RTC Judge Enrique C. Asis—his former client—to obtain favorable rulings. She further charged... Case Digest (G.R. No. L-79974) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Administrative Complaint and Allegations
- On August 7, 2007, Adelpha E. Malabed (complainant) filed an administrative complaint against Atty. Meljohn B. De la Peña (respondent) for dishonesty and grave misconduct.
- Complainant’s charges:
- The Certificate to File Action attached to respondent’s civil complaint was actually issued for a different case (filed by complainant’s brother against respondent’s client), hence no valid certificate existed.
- Respondent failed to furnish complainant’s counsel with a copy of the free patent covered by OCT No. 1730, which she alleged was fabricated based on DENR and Registry of Deeds certifications.
- Conflict of interest: respondent notarized a deed of donation by complainant’s family, then represented the church’s occupants against her.
- Connivance with Judge Enrique C. Asis to secure favorable rulings in related cases.
- Grave misconduct: defiance of the accessory penalty of perpetual disqualification from government service by accepting and receiving compensation as Associate Dean and Professor at a state law college.
- Respondent’s Defense and Pleadings
- In his December 16, 2007 Comment, respondent denied all allegations and claimed:
- He used a Lupon certification dated May 9, 2001, as the certificate to file action.
- The free patent was attached to the Court of Appeals records and he furnished a copy to opposing counsel.
- Notarization of the donation deed did not constitute representation; allegations of bias against Judge Asis were unsupported.
- His teaching appointment was temporary, unpaid (honorarium only), and thus moot concerning the accessory penalty.
- Parties exchanged Reply-Affidavit (January 22, 2008), Rejoinder (February 20, 2008), and Sur-Rejoinder (February 20, 2008), reiterating their positions.
- IBP Proceedings and Resolution
- IBP Commissioner Norberto B. Ruiz, in his Report, found respondent guilty of gross misconduct based on:
- Use of abusive language in pleadings.
- Misrepresentation of the existence of a valid certificate to file action.
- Acceptance of government positions in violation of his dismissal penalty.
- The IBP Board of Governors, on October 28, 2011, adopted the recommendation to suspend respondent from the practice of law for one year (Resolution No. XX-2011-137).
Issues:
- Whether respondent Atty. Meljohn B. De la Peña is guilty of dishonesty and grave misconduct warranting disciplinary action.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)