A.C. No. 10196 - Nery vs. Sampana

In June 2008, Melody R. Nery engaged Atty. Glicerio A. Sampana for two legal services: annulment of her marriage and an adoption petition by an alien adopter.
The annulment petition was granted, with Nery paying Sampana a total of ₱200,000.00.
For the adoption process, Sampana inquired if Nery had an aunt who could be represented as the spouse of the alien adopter. Sampana provided a blurred copy of a marriage contract intended for use in the adoption case.
Nery paid Sampana ₱100,000.00 in installments: ₱10,000.00 on September 10, 2008, ₱50,000.00 on October 2, 2008, and ₱40,000.00 on November 17, 2008. Nery did not request receipts due to her trust in Sampana.

On February 14, 2009, Sampana sent a text message informing Nery that the adoption petition had already been filed and published. He also mentioned the need to rehearse before the hearing.
Sampana later communicated that the hearing was scheduled for March 5, 2010, at Branch 11 of Malolos, Bulacan. When Nery inquired about not receiving court notices, Sampana said her presence was unnecessary since the hearing covered jurisdictional matters only.
Sampana informed Nery that the hearing was reset to March 12, 2010.

On March 11, 2010, Nery personally inquired with Branch 11 of Malolos and discovered that no adoption petition had been filed.
That same day, Nery confronted Sampana and demanded the return of the ₱100,000.00 paid for the adoption case. Sampana agreed but intended to deduct ₱12,000.00 as filing fees. Nery insisted on a full refund since no petition was filed.
Subsequent demands by Nery for reimbursement were ignored by Sampana.

Proceedings Before the Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD)

The IBP-CBD directed both parties to submit position papers after Sampana failed to file a responsive pleading and missed the mandatory conference.
Nery reiterated her complaint alleging Sampana's failure to file and deceit regarding the adoption petition.
Sampana admitted receiving a package fee for both annulment and adoption cases. He contended he did not file the adoption petition due to lack of necessary certification from the Japanese Embassy, despite preparing the petition. He denied misleading Nery, suggesting she may have confused the annulment proceedings with the adoption petition status. Sampana committed to refunding the fees after deductions for services and expenses.

Commissioner Eldrid C. Antiquiera found Sampana guilty of malpractice for misrepresenting the filing of the adoption petition and for failing to file it despite receiving payment.
A penalty of three (3) months suspension from the practice of law and reimbursement of ₱100,000.00 was recommended.
The IBP Board of Governors adopted and approved the recommendation with modification.

The Court recognized Sampana’s failure as neglect of legal duties and breach of fiduciary trust.
Sampana’s excuse to wait for certification was found disingenuous, as the Domestic Adoption Act allows waiver of certification if the alien adopter is married to a close relative within the fourth degree of consanguinity or affinity.
There was a failure to deliver client funds upon demand and deception involved.
The Court noted Sampana’s prior disciplinary case involving unethical conduct and imposed a more severe penalty.
The Court suspended Sampana from practice for three (3) years and ordered him to refund ₱100,000.00 with legal interest from November 17, 2008, until full payment.
Directives for dissemination and inclusion of this decision in official records were issued.

Whether or not Sampana failed to file the petition for adoption despite receiving full payment from Nery.
Whether Sampana misled and made Nery believe that the adoption petition was filed and pending.
Whether Sampana’s failure constitutes malpractice, neglect of duty, and violation of the Code of Professional Responsibility.
What penalty is proper for Sampana’s misconduct and failure to refund the client’s money.
Whether Sampana should be ordered to indemnify Nery with legal interest.