Case Digest (A.C. No. 6383)
Facts:
- Irene Santos-Tan, through her attorney-in-fact Miriam S. Elgincolin, filed an administrative complaint against Atty. Romeo R. Robiso on March 31, 2009.
- The complaint alleged malpractice due to gross neglect of duties and the issuance of a bouncing check.
- Santos-Tan engaged Robiso in December 2000 for representation in Special Proceeding No. 01-101339 regarding her late husband’s intestate estate.
- She paid Robiso an acceptance fee of P100,000.00.
- After several months, Santos-Tan inquired about her case and found that Robiso had only filed a notice of appearance with no further action.
- On November 3, 2003, Santos-Tan and her sister visited Robiso's office to demand a refund due to lack of services.
- Robiso issued a check for P85,000.00 dated November 29, 2003, which was later dishonored due to insufficient funds.
- Robiso failed to replace the check despite multiple demands and claimed in a letter that the check was issued without consideration.
- The Integrated Bar of the Philippines (IBP) evaluated the case and recommended a one-month suspension and reimbursement of P70,000.00, later modified to a one-year suspension.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the IBP's findings, ruling that Atty. Robiso was not grossly negligent in handling the case due to court-related delays.
- However, he was found guilty of serious misconduct for issuing a bouncing check, resulting in a one...(Unlock)
Ratio:
- The Court determined that Atty. Robiso's actions did not amount to gross negligence, as delays were due to the court's administrative issues, including the suspension of the presiding judge.
- The Court highlighted that lawyers must be aware of laws like Batas Pambansa Blg. 22, which penalizes the issuance of worthless checks.
- Issuing a bouncing ...continue reading
Case Digest (A.C. No. 6383)
Facts:
This case involves an administrative complaint filed by Irene Santos-Tan, represented by her attorney-in-fact Miriam S. Elgincolin, against Atty. Romeo R. Robiso. The complaint was lodged on March 31, 2009, concerning allegations of malpractice due to gross neglect of duties and the issuance of a bouncing check. In December 2000, Santos-Tan engaged Robiso's services to represent her in Special Proceeding No. 01-101339, related to the intestate estate of her late husband, Eusebio G. Tan, pending before the Regional Trial Court of Manila, Branch 45. She paid Robiso an acceptance fee of P100,000.00. However, after several months, Santos-Tan inquired about the status of her case and discovered that Robiso had only filed a notice of appearance, with no further progress made. Dissatisfied with his handling of the case, she and her sister visited Robiso's office on November 3, 2003, demanding a refund of the professional fees due to the lack of services rendered. To partially satisfy this demand, Robiso issued a check for P85,000.00 dated November 29, 2003. This check, however, was dishonored by the bank due to insufficient funds. Despite multiple demands for payment, Robiso failed to replace the check. In a letter dated January 25, 2004, he claimed the check was issued without consideration and was ...