Case Digest (A.C. No. 11795)
Facts:
The case involves a complaint-affidavit filed by Gilda J. Rosca against Atty. Michael John C. Delmendo. In October 2015, Atty. Delmendo, who was an investigating officer in the Land Registration Authority (LRA), sought brokers Joycelyn Pameron and Evelyn Salor to find someone willing to extend a loan secured by a good land title. He provided them a photocopy of Transfer Certificate Title No. T-240036 registered under Jufraida C. Jamero and claimed the title was under pending reconstitution. The property was sold to Emma Ledonio, who assigned her rights to her son Ramon Ledonio. Atty. Delmendo assured that the reconstitution order was imminent and introduced himself as Head of the Legal Affairs Department to Gilda, assuring authenticity and promising to return the loan if the reconstituted title was not released within 30 working days.Gilda agreed to finance the reconstitution, signing a Warranty and Undertaking, with Ramon as borrower and Atty. Delmendo as guarantor. Gilda iss
Case Digest (A.C. No. 11795)
Facts:
- Background and Parties
- Gilda J. Rosca filed a complaint against Atty. Michael John C. Delmendo, who was an investigating lawyer at the Land Registration Authority (LRA).
- The complaint arose from a loan transaction related to the reconstitution of a land title (TCT No. T-240036) registered in Jufraida C. Jamero's name.
- The Alleged Loan Transaction and Investigation
- In October 2015, Atty. Delmendo asked brokers Joycelyn Pameron and Evelyn Salor if they knew someone who could grant a loan against a good land security.
- He provided the brokers a photocopy of TCT No. T-240036 and explained it was pending reconstitution, which was about to be finalized.
- Joycelyn and Evelyn approached Gilda to finance the said reconstitution.
- Atty. Delmendo introduced himself as Head of Legal Affairs and assured Gilda of the transaction's authenticity and promised to return her money if the reconstituted title was not released within 30 working days.
- The Loan Agreement and Payment
- Gilda entered into a "Warranty and Undertaking on the Loan Obtained from Gilda J Rosca" signed by Ramon Ledonio (borrower) and Atty. Delmendo (guarantor).
- Gilda gave a Php 3,000,000 check to Atty. Delmendo, which he encashed, and subsequently gave him Php 4,800,000 in cash for release facilitation.
- Problems and Discovery of Forgery
- The reconstituted title was not released within 30 working days.
- Gilda obtained photocopies of an unsigned Order and a spurious Report, which were allegedly fabricated.
- Gilda could not get certified copies and learned from the LRA that the documents were not part of the official records.
- Gilda filed a disbarment complaint and related administrative and criminal complaints against Atty. Delmendo and Ramon Ledonio.
- Responses and Administrative Findings
- Atty. Delmendo denied allegations, claiming the Report was part of public records since 1992 and denied participation in the loan agreement and receipt of cash.
- The Ombudsman found probable cause to charge Atty. Delmendo with violations of RA 6713 and RA 3019, and ordered his dismissal.
- The IBP-Commission on Bar Discipline (IBP-CBD) recommended disbarment for bribery solicitation and falsification.
Issues:
- Whether or not Atty. Michael John C. Delmendo committed acts warranting disciplinary sanction.
- Whether there was substantial evidence to prove that Atty. Delmendo engaged in falsification of official documents.
- Whether the loan and solicitation of money constituted an unlawful act of bribery or corruption.
- The proper penalty to be imposed on Atty. Delmendo for his actions.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)