Case Summary (A.C. No. 7676)
Factual Background
In February 2005, Amado Dizon and his siblings hired Romero De Taza Cruz and Associates for legal representation. By February 2007, Atty. De Taza demanded an additional Seventy-Five Thousand Pesos (P75,000) from Dizon to expedite court proceedings, which was beyond a previously agreed retainer fee. The complainant later discovered that his sibling, Aurora Dizon, had already given Atty. De Taza a total of Eight Hundred Thousand Pesos (P800,000) for the same purpose of expediting their case, with receipts indicating the intentions of speedy resolution promised by Atty. De Taza.
Discovery of Fact and Allegations
On October 24, 2007, Dizon learned from the Court that the petition had already been denied in November 2006, contrary to Atty. De Taza's assurances that the case was still active. Subsequent attempts to contact her failed, leading Dizon to file a complaint for disbarment on November 6, 2007. The complaint included multiple affidavits from other individuals attesting to Atty. De Taza's issuance of bounced checks and her failure to repay debts, presenting a pattern of financial misconduct.
Court Procedure and Investigations
The Court issued several resolutions directing Atty. De Taza to respond to the allegations. However, all attempts at serving her were unsuccessful as the postal carriers indicated she had either moved or was not connected at her office address. Resolutions were eventually sent to her new address in the U.S.A, but these too were returned unclaimed. Consequently, the Court ruled that she had waived her right to comment on the charges.
IBP Investigation Findings
The Integrated Bar of the Philippines (IBP) handled the investigation and, despite Atty. De Taza's absence from the proceedings, recommended her suspension for two years based on the evidence submitted by the complainant. This recommendation was modified by the IBP Board of Governors to a one-year suspension, citing Atty. De Taza's solicitation of funds for expedited legal services that were already denied – an act deemed inappropriate and unethical.
Legal Ruling and Reasoning
In deliberating on Atty. De Taza's administrative liability, the Court found her failure to refute the allegations significant, as multiple opportunities to defend herself were met with silence. Citing a lack of personal honesty and good moral character, the Court emphasized that the issuance of bouncing checks and the fraudulent solicitation of funds underm
...continue readingCase Syllabus (A.C. No. 7676)
Case Overview
- Parties Involved: Amado T. Dizon (Complainant) and Atty. Norlita De Taza (Respondent).
- Nature of the Case: Administrative complaint for disbarment against Atty. De Taza for demanding and receiving exorbitant sums of money from her client under the pretense of expediting court proceedings.
- Decision Date: June 10, 2014.
- Court: Supreme Court of the Philippines.
Factual Background
- Initial Engagement: In February 2005, Amado Dizon, together with his siblings, hired Romero De Taza Cruz and Associates, including Atty. De Taza, to represent them in a legal case (Eliza T. Castaneda, et al. v. Heirs of Spouses Martin and Lucia Dizon, G.R. No. 174552).
- Demand for Payment: In February 2007, Atty. De Taza demanded an additional amount of Seventy-Five Thousand Pesos (₱75,000.00) from Dizon, beyond the agreed retainer fee.
- Prior Transactions: A month prior, Atty. De Taza had received Eight Hundred Thousand Pesos (₱800,000.00) from Dizon's sibling, Aurora Dizon, under similar pretenses.
- Documentation: The complainant provided handwritten receipts showing Atty. De Taza's acknowledgment of receiving money to expedite the case, promising a favorable decision within two months.
Discovery of Fraud
- Misrepresentation: On October 24, 2007, Dizon discovered that Atty. De Taza had misrepresented the status of the case, which had been denied as early as November 20, 2006.
- Communication Attempts: Dizon's attempts to contact Atty. De Taza were unsuccessful as she could not be located.
- Filing of Complaint: On November 6, 2007, Dizon filed a disbarment complaint against Atty. De Taza, supported by affidavits from others alleging her issuance of bouncing checks and failin