Title
Ollada vs. Laysa
Case
A.C. No. 7936
Decision Date
Jun 30, 2020
A lawyer is suspended for three years and fined for neglecting a client's case, misappropriating the client's money, and violating professional rules, but is not disbarred.
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Case Digest (A.C. No. 7936)

Facts:

  • The case "Ollada v. Laysa" involves an administrative complaint for disbarment filed by Patricia Maglaya Ollada against Atty. Estrella O. Laysa.
  • Patricia, a senior citizen from Tagaytay City, sought legal help from Atty. Laysa concerning a dispute with her lessor, Melates M. Salcedo.
  • They met at Casino Filipino in Tagaytay City, where Atty. Laysa agreed to draft a demand letter dated December 27, 2006.
  • Patricia issued a check for P35,000.00 to Atty. Laysa to initiate legal action against her lessor.
  • After encashing the check on January 8, 2007, Atty. Laysa ceased all communication with Patricia.
  • Due to deteriorating health and lack of updates, Patricia lost interest in the case and demanded her money back through a letter dated July 24, 2007, which Atty. Laysa ignored.
  • Patricia hired another counsel, Atty. Cecilia Corazon S. Dulay-Archog, who sent another demand letter on August 21, 2007, requesting the return of P30,000.00.
  • Despite the letters, Atty. Laysa did not return the money, leading Patricia to file a disbarment petition on May 29, 2008.
  • The Court required Atty. Laysa to comment on the petition, but she failed to do so.
  • The Court imposed a fine and referred the case to the Integrated Bar of the Philippines (IBP) for investigation.
  • The IBP found that Atty. Laysa had not paid her membership dues since 2004 and had not complied with Mandatory Continuing Legal Education (MCLE) requirements.
  • The IBP Investigating Commissioner recommended disbarment, but the IBP Board of Governors modified this to an indefinite suspension and a fine of P5,000.00.
  • The case was brought before the Supreme Court for final resolution.

Issue:

  • (Unlock)

Ruling:

  • Yes, Atty. Estrella O. Laysa neglected her client's case and misappropriated the client's money.
  • No, Atty. Estrella O. Laysa should not be disbarred. Instead, she is ...(Unlock)

Ratio:

  • The Supreme Court found that Atty. Laysa neglected her duties by failing to update her address with the IBP, causing difficulties in serving her with court notices.
  • She failed to comply with MCLE requirements and had not paid her IBP dues since 2004.
  • Despite these lapses, she continued to offer legal services and accepted a fee of P35,000.00 from the complainant, which she did not return.
  • Her conduct violated Rul...continue reading

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