Case Digest (A.C. No. 10697)
Facts:
In 850 Phil. 319 (A.C. No. 10697, March 25, 2019), complainant Larry C. Sevilla, publisher of the provincial newspaper Pampango Footprints, charged respondent Atty. Marcelo C. Millo with harassment, misconduct, obstruction of justice, and ignorance of the law. On November 14, 2014, Sevilla filed an administrative complaint before the Office of the Bar Confidant after Millo, acting as counsel for Spouses Avelino and Melendrina Manalo, refused to pay a statement of account for ₱33,120.00 covering publication of a notice of auction sale in three consecutive issues of Pampango. Millo branded the fee “exorbitant and shocking,” threatened to seek Pampango’s disqualification, and wrote an undated letter to the Executive Judge of the Regional Trial Court of Tarlac City. During the complaint’s pendency, the Manalos negotiated a 50% discount, which Sevilla accepted, but Millo intervened and forbade his clients from settling. When Sevilla sought explanation over the phone, Millo curtly refCase Digest (A.C. No. 10697)
Facts:
- Parties and Background
- Complainant Larry C. Sevilla is publisher of Pampango Footprints, a provincial newspaper in Tarlac.
- Respondent Atty. Marcelo C. Millo represented Spouses Avelino and Melendrina Manalo in a foreclosure petition.
- Dispute over Publication Fee
- In April 2014, complainant billed Sps. Manalo ₱33,120.00 for publishing the auction-sale notice in three issues of Pampango.
- Respondent, deeming the fee “exorbitant and shocking,” refused payment, threatened to seek Pampango’s disqualification, and wrote an undated letter to the Executive Judge of the Regional Trial Court of Tarlac City.
- During pendency, Sps. Manalo secured a 50% discount; respondent forbade them to pay. When complainant called to settle, respondent shouted and hung up.
- Procedural History
- Complainant filed an administrative complaint on November 14, 2014. The Court referred it to the Integrated Bar of the Philippines (IBP) on July 4, 2016.
- The IBP Investigating Commissioner (May 4, 2017 Report) found respondent liable for violating Rule 1.04, Canon 1 of the Code of Professional Responsibility and recommended reprimand or one-month suspension.
- The IBP Board of Governors (February 22, 2018 Resolution) adopted the Report but modified the penalty to a mere reprimand.
Issues:
- Main Issue
- Whether respondent Atty. Marcelo C. Millo should be administratively sanctioned for his conduct in preventing settlement and obstructing foreclosure proceedings.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)