Case Summary (A.C. No. 11543)

Background of the Case

• Complainants Susan Basiyo and Andrew William Simmons filed an administrative complaint against Atty. Joselito C. Alisuag for deceit, falsification, and malpractice.
• Allegations included Atty. Alisuag's failure to file a case, provide a complete accounting of expenses related to a property purchase, and return unutilized funds despite multiple demands.
• The Integrated Bar of the Philippines (IBP) initially recommended dismissal of the complaint, but the IBP-Board of Governors reversed this decision, finding Atty. Alisuag guilty and recommending a two-year suspension.

Court's Findings and Initial Decision

• The Court upheld the IBP-Board of Governors' findings, confirming Atty. Alisuag's violations of the Code of Professional Responsibility.
• Specific failures included not filing a suit, not securing necessary permits, not accounting for funds received, and not returning unutilized money.
• The Court's decision mandated a two-year suspension, revocation of his notarial commission, and required him to render an accounting and return funds within sixty days.

Atty. Alisuag's Motion for Reconsideration

• Atty. Alisuag filed a motion for reconsideration, claiming he was not demanded an accounting and attributing blame to brokers for estimates.
• The Court denied this motion, stating no substantial arguments were presented to warrant a reversal of the decision.

Continued Non-Compliance by Atty. Alisuag

• Complainant Simmons submitted manifestations indicating Atty. Alisuag's continued non-compliance with the Court's directives.
• Despite receiving the Court's decision and resolution, Atty. Alisuag failed to render the required accounting or return the unutilized funds.

Court's Ruling on Non-Compliance

• The Court confirmed Atty. Alisuag's disregard for its orders, noting he received the decision and subsequent resolutions but did not comply.
• His repeated failures demonstrated a lack of respect for the Court's authority and the legal system.

Legal and Ethical Implications

• Atty. Alisuag's actions constituted a violation of Canon 11 of the Code of Professional Responsibility, which mandates respect for the courts.
• The Court emphasized that disobedience to court orders could lead to contempt charges and disciplinary actions against lawyers.

Penalty Imposed

• The Court imposed an additional one-year suspension on Atty. Alisuag...continue reading

Case Syllabus (A.C. No. 11543)

Case Overview

• The case involves an administrative complaint filed by complainants Susan Basiño and Andrew William Simmons against Atty. Joselito C. Alisuag for alleged deceit, falsification, and malpractice.
• The complaint centers on Atty. Alisuag's failure to file a case for which legal services were rendered, provide a complete accounting of expenses, and return unutilized funds upon demand.
• The Integrated Bar of the Philippines (IBP) initially reversed a recommendation to dismiss the complaint and found Atty. Alisuag guilty, recommending a two-year suspension from the practice of law.

Proceedings and Findings

• In Resolution No. XX-2012-594 dated December 29, 2012, the IBP-Board of Governors found Atty. Alisuag guilty of deceit and falsification.
• The Court's Decision dated September 26, 2017, upheld the IBP's findings and recommended sanctions.
• Key findings included Atty. Alisuag's failure to:
  • File the necessary suit against a third party (Ganzon).
  • Obtain required environmental permits.
  • Account for the funds given by the complainants.
  • Return any remaining unutilized money.

Court's Disciplinary Actions

• The Court's Decision mandated:
  • A two-year suspension effective upon Atty. Alisuag's receipt of the Decision.
  • Revocation of his notarial commission.
  • Perpetual disqualification from being commissioned...continue reading