Case Digest (A.C. No. 4697, 4728)
Facts:
- Complainant: Florencio A. Saladaga; Respondent: Atty. Arturo B. Astorga.
- On December 2, 1981, Astorga executed a "Deed of Sale with Right to Repurchase" for a parcel of coconut land in Barangay Bunga, Baybay, Leyte, for P15,000.00.
- Astorga claimed he had the right to sell the property, which was free from liens or encumbrances.
- The deed allowed Astorga two years to repurchase the property; if not, the agreement would be renewed.
- Astorga failed to repurchase by the deadline, and Saladaga sent a final demand on May 10, 1984, which went unanswered.
- In December 1989, Saladaga learned that Astorga had mortgaged the property, which was subsequently foreclosed.
- Saladaga discovered the original title was cancelled in 1972, and a new title was issued in Astorga's name.
- Following dispossession, Saladaga filed a criminal complaint for estafa against Astorga and initiated administrative complaints for disbarment.
- The Integrated Bar of the Philippines (IBP) investigated, and Astorga denied wrongdoing, claiming the agreement was an equitable mortgage.
- The IBP found Astorga guilty of bad faith and deceit, recommending a one-year suspension and return of the P15,000.00.
- The IBP Board of Governors modified the recommendation to a two-year suspension and ordered the return of the amount with interest.
Issue:
- (Unlock)
Ruling:
- Yes, Atty. Arturo B. Astorga is guilty of unlawful, dishonest, and deceitful conduct.
- Atty. Astorga is suspended from the practice of law for two years.
- The Court does ...(Unlock)
Ratio:
- The Court upheld the IBP Board of Governors' findings, stressing the obligation of lawyers to maintain high ethical standards.
- Astorga's actions showed a blatant disregard for these standards by misrepresenting the property in the "Deed of Sale with Right to Repurchase."
- Whether the agree...continue reading
Case Digest (A.C. No. 4697, 4728)
Facts:
The case involves Florencio A. Saladaga as the complainant and Atty. Arturo B. Astorga as the respondent. The events leading to the case began on December 2, 1981, when Astorga executed a "Deed of Sale with Right to Repurchase" in favor of Saladaga, selling a parcel of coconut land located in Barangay Bunga, Baybay, Leyte, for P15,000.00. In this deed, Astorga represented that he had the perfect right to sell the property and that it was free from any liens or encumbrances. The deed stipulated that Astorga had two years to repurchase the property, failing which the parties would renew the agreement. However, Astorga did not exercise his right to repurchase within the specified period, and Saladaga sent a final demand for repurchase on May 10, 1984, which went unanswered.
In December 1989, Saladaga received letters from the Rural Bank of Albuera, Inc. (RBAI), informing him that the property had been mortgaged by Astorga and subsequently foreclosed. Saladaga discovered that the original title (TCT No. T-662) had been cancelled in 1972, and the property was under a new title (TCT No. T-7235) in Astorga's name. Following the foreclosure, Saladaga was dispossessed of the property. Consequently, he filed a criminal complaint for estafa against Astorga, which led to the filing of an Information for estafa in the Municipal Trial Court of Baybay, Leyte.
Saladaga also initiated administrative complaints against Astorga, seeking his disbarment. The Integrated Bar of the Philippines (IBP) in...