Case Digest (A.C. No. 10962)
Facts:
- Case: Akira Yoshimura vs. Atty. Bernie Panagsagan, A.C. No. 10962
- Date: Decided on September 11, 2018
- Complainant: Akira Yoshimura
- Respondent: Atty. Bernie Panagsagan
- Allegation: Grave misconduct
- Events:
- In 2009, Yoshimura and his common-law wife, Bernadette Tugadi, sought legal assistance from Atty. Panagsagan.
- They aimed to facilitate Bernadette's membership in the Lesambah Transport Cooperative and register their buses.
- Various sums were given to Atty. Panagsagan for professional fees and services:
- P5,000 for document preparation
- P24,000 for apprehension tickets
- P40,000 as "under the table" money to expedite registration
- Despite payments, services were not rendered, and license plates were not issued.
- Atty. Panagsagan convinced Yoshimura to join the non-operational Sta. Monica Transport Cooperative, leading to further financial losses.
- Atty. Panagsagan refused to return the money when demanded by Yoshimura.
- Yoshimura filed a complaint for disciplinary action.
- Atty. Panagsagan failed to respond or attend hearings.
- The IBP-CBD recommended disbarment, which the IBP-Board of Governors adopted.
- The Supreme Court reviewed and sustained the findings.
Issue:
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Ruling:
- Yes, Atty. Bernie Panagsagan committed grave misconduct, misappropriated funds, and engaged in fraudulent acts.
- Yes, Atty. Bernie Pa...(Unlock)
Ratio:
- Grave Misconduct: Atty. Panagsagan's actions constituted grave misconduct and a blatant disregard for fiduciary duties.
- Violation of Canon 16: He failed to account for and return the monies received from Yoshimura, violating Canon 16 of the Code of Professional Responsibility (CPR).
- Unethical Behavior: Acceptance of "under the table" money and misrepresentation regarding the Sta. Monica Transport Cooperative demonstrated dishonest and unethical behavior.
- Notarial Law Violation: He notarized documents without the personal appearance of the affiants.
- Non-compliance: Repeated failure to comply with IBP directives and attend hearings s...continue reading
Case Digest (A.C. No. 10962)
Facts:
In the case of Akira Yoshimura vs. Atty. Bernie Panagsagan, docketed as A.C. No. 10962 and decided on September 11, 2018, the complainant Akira Yoshimura filed a complaint-affidavit against the respondent, Atty. Bernie Panagsagan, for grave misconduct. The events began in 2009 when Yoshimura and his common-law wife, Bernadette Tugadi, sought legal assistance from Atty. Panagsagan at his office in Quezon City. They aimed to facilitate Bernadette's membership in the Lesambah Transport Cooperative and the registration of their buses. Various sums of money were given to Atty. Panagsagan for professional fees, registration, and other legal services, including P5,000 for document preparation, P24,000 for apprehension tickets, and P40,000 as "under the table" money to expedite registration. Despite these payments, the services were not rendered, and the license plates were not issued. Additionally, Atty. Panagsagan convinced Yoshimura to join another cooperative, Sta. Monica Transport Cooperative, which was no longer operational, leading to further financial losses. When Yoshimura demanded the return of his money, Atty. Panagsagan refused. Consequently, Yoshimura filed a complaint for disciplinary action. Despite multiple notices, Atty. Panagsagan f...