Case Summary (A.C. No. 9603)
Background of the Complaint
Lazareto, acting on behalf of his family, engaged Acorda’s services in January 2004 for the extrajudicial settlement of the estate, with a specific deadline of May 26, 2004, to avail of a tax deduction. Lazareto paid Acorda a total of P120,000.00, which included an acceptance fee and payments for extrajudicial transactions. Despite repeated follow-ups and additional payments totaling over P250,000.00, Acorda failed to file the necessary documents by the deadline and became unresponsive.
Alleged Violations
Lazareto charged Acorda with violations including:
- Canon 1: Upholding the Constitution and obeying laws.
- Canon 7: Upholding the integrity of the legal profession.
- Canon 18: Serving clients with competence and diligence.
- Rule 18.03: Negligence in handling a legal matter.
- Rule 18.04: Failure to keep a client informed.
Findings and Developments
After many follow-ups, including the loss of the title to one of the lots, Acorda sent Lazareto a report acknowledging omissions but did not return funds or finalize the legal documents. Lazareto engaged in negotiations for an amicable settlement, which Acorda also failed to honor. Eventually, Lazareto discovered no extrajudicial settlement was filed with the Register of Deeds, only a fraudulent deed of sale of Lot B, which was executed under dubious circumstances.
Respondent's Defense
In Acorda's defense, he cited lack of control over document processing and alleged theft of funds by a staff member, claiming he acted in good faith to fulfill his obligations. He asserted that Lazareto’s impatience contributed to delays and suggested that Lazareto abandoning the complaint and executing an affidavit of desistance contradicted the claims of negligence.
Investigative Findings
The IBP Investigating Commissioner, after reviewing the case, found Acorda negligent but not acting in bad faith. He recommended severe censure for the respondent due to negligence but noted he made efforts, albeit delayed, to finalize some documents. The IBP Board later suspended Acorda for one month for failing to meet his obligations.
Appeal and Reversal of Resolution
Acorda sought reconsideration based on new developments, including returning the lost title. However, Lazareto objected, arguing that Acorda's actions had severely impacted trust and involved significant misrepresentation, requesting a more severe sanction, ideally a six-month suspension.
Supreme Court's Ruling
The Supreme Court found the IBP's dismissal to be inappropriate given Acorda's significant breaches and negligence in handling the legal matters entrusted to him. They emphasized the importance of honesty and integrity in the legal profession, highlighting
...continue readingCase Syllabus (A.C. No. 9603)
Background of the Case
- The administrative case stems from an affidavit of complaint for disbarment filed on July 7, 2006, by Dominic Paul D. Lazareto against Atty. Dennis N. Acorda, alleging violations of the Code of Professional Responsibility.
- Lazareto, as the eldest son of the late Damaso R. Lazareto, sought legal assistance for the extrajudicial settlement of his father's estate, who died intestate.
Allegations Against the Respondent
- Lazareto charged Atty. Acorda with violating several provisions of the Code of Professional Responsibility:
- Canon 1: A lawyer must uphold the Constitution and obey the laws of the land.
- Canon 7: A lawyer must uphold the integrity of the legal profession and support the activities of the Integrated Bar.
- Canon 18: A lawyer must serve clients with competence and diligence.
- Rule 18.03: A lawyer shall not neglect a legal matter entrusted to him.
- Rule 18.04: A lawyer must keep clients informed and respond timely to inquiries.
Engagement of Legal Services
- Lazareto engaged Atty. Acorda's services in January 2004 for the extrajudicial settlement of the estate.
- The family set a deadline for filing the extrajudicial settlement action on May 26, 2004, to avail of a tax deduction.
- Initial payments made included a total of P120,000.00 for acceptance fees and various costs associated with the settlement.
Non-Performance and Communication Issues
- Following the initial engagement, Lazareto faced difficulty contacting Atty. Acorda and did not receive updates regarding the case.
- Atty. Acorda requested additional payments totaling P88,000.00, which Lazareto provided in installments.
- As of May 2004, no progress had been made on the filing of the extrajudicial settlement.
Continued Lack of Communication
- Despite repeated follow-ups, Atty. Acorda remaine