Case Digest (A.C. No. 9612)
Facts:
Johnny M. Pesto v. Marcelito M. Millo, A.C. No. 9612, March 13, 2013, Supreme Court First Division, Bersamin, J., writing for the Court.Complainant Johnny Pesto, a Canadian national, filed an administrative complaint through an attorney-in-fact against respondent Atty. Marcelito M. Millo for conduct unbecoming an officer of the Court, alleging misleading conduct, bungling the transfer of title, and negligence in handling an adoption. The complaint arose from events beginning in May 1990 when Johnny’s wife, Abella Pesto, retained Atty. Millo to effect the transfer of a parcel of land to her name and to handle the adoption of her niece, Arvi Jane Dizon. Abella and Johnny paid Atty. Millo P14,000 for the title transfer and P10,000 for the adoption proceedings.
Johnny charged that Atty. Millo repeatedly gave false information and excuses about the title transfer, falsely represented that the capital gains tax had been paid when it had not (leaving the clients liable for penalties), and only returned the P14,000 after confrontation while promising in writing to assume liability for accrued penalties. Johnny also alleged that Atty. Millo caused the adoption case to lapse before the Tarlac DSWD through inaction, gave false schedules of interviews/hearings, and was repeatedly absent when hearings occurred.
Johnny filed the administrative complaint with the Integrated Bar of the Philippines (IBP) on March 14, 1995. The IBP ordered Atty. Millo to file an answer on July 10, 1995; despite extensions, he filed no answer and failed to appear at hearings. Proceedings were held in abeyance pending counsel engagement for Johnny’s representative, and the case stagnated for years until renewed hearings in 2001, when Atty. Millo appeared by representative and claimed Johnny had died and that Abella would withdraw the complaint. The IBP Commission on Bar Discipline deemed the case submitted on October 11, 2001.
Investigating Commissioner Victor C. Fernandez submitted a report and recommendation on October 4, 2010, finding Atty. Millo liable for violating Canon 18, Rule 18.03 of the Code of Professional Responsibility and recommending suspension for six months. On November 19, 2011, the IBP Board of Governors adopted the report with modification, finding respondent g...(Pro-only)
Issues:
- Did Atty. Marcelito M. Millo commit conduct unbecoming an officer of the Court and violate Canon 18, Rule 18.03 of the Code of Professional Responsibility and the Lawyers Oath?
- If guilty, what penalty and restitution...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)