Case Summary (A.C. No. 10756)
Allegations Against Atty. Belleza
Junielito filed a complaint against Atty. Belleza for grave misconduct, malpractice, deliberate falsehood, violation of the lawyer's oath, and breach of the Code of Professional Responsibility. He alleged that Atty. Belleza unlawfully facilitated the demolition of his house without his knowledge or consent, and without the necessary permits. He also claimed that Atty. Belleza lied in legal documents and exhibited unprofessional conduct, alleging that his actions demonstrated a violation of his obligations as an officer of the court.
Background of the Dispute
In 2006, while Junielito was abroad, Nelia filed a case for Recovery of Possession against his family, which Junielito claimed he was not included in as a party. Upon returning to the Philippines in January 2009, he was harassed by Nelia to pay for the alleged encroachment. Atty. Belleza communicated a notice to vacate the property and threatened Junielito with a writ of execution for demolition, leading him to agree to a sale of the property under duress.
The Demolition of the House
On February 14, 2011, Junielito learned from a relative that his house was being demolished. Investigating further, he discovered that a Deed of Absolute Sale had been executed without his knowledge, wherein Nelia sold the property to a buyer named Irene Tano with Atty. Belleza's facilitation. Junielito contended that this transaction breached their prior agreement regarding notification and participation in the sale.
Findings of the Integrated Bar of the Philippines (IBP)
Atty. Belleza refuted the allegations, claiming that a compromise agreement had been approved by the court and that his role was limited to witnessing a receipt for partial payment. The IBP-CBD recommended Atty. Belleza's six-month suspension from practice due to misconduct. However, the IBP Board of Governors modified this to a three-month suspension.
Legal Framework and Conduct of Atty. Belleza
The court reiterated that professional misconduct pertaining to lawyers is adjudicated based on criteria distinct from civil or criminal cases, focusing on the capacity of the lawyer to uphold justice. Canon 1 of the Code of Professional Responsibility mandates lawyers to obey laws and legal processes, and Atty. Belleza’s actions were found to be in direct contravention of this canon.
Broader Implications of the Compromise Agreement
Even if a compromise agreement existed, it was noted that it did not absolve Atty. Belleza of his obligations. The agreement required that a relocation survey be conduct
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Case Overview
- The case involves a verified complaint filed by Junielito R. Espanto against Atty. Erwin V. Belleza for grave misconduct, malpractice, deliberate falsehood, violation of the oath of office, and breach of the Code of Professional Responsibility.
- The complaint is rooted in the demolition of Espanto's two-storey residential house located in Barangay Maya, MacArthur, Leyte, which occurred without his knowledge and against his will.
Background of the Case
- Junielito is the owner of a two-storey concrete residential house located on a lot covered by Original Certificate of Title No. P-43641, which he purchased from his father on January 12, 2001.
- In 2006, while working abroad, Junielito learned that his neighbor, Nelia Alibangbang-Miller, was claiming that his house encroached on her property and subsequently filed a case for Recovery of Possession with Damages against his family, although he was not included as a party to this complaint.
Escalation of the Dispute
- After returning to the Philippines in January 2009, Junielito faced harassment from Nelia, who threatened him and his family regarding the alleged encroachment.
- On November 22, 2010, Atty. Belleza notified Junielito to vacate the property, stating a seven-day deadline, after which Nelia padlocked Junielito's house.
- Following a meeting on December 1, 2010, Junielito reluctantly agreed to a sale of the property under duress, where Atty. Belleza drafted an acknowledgment rece