Case Summary (A.C. No. 6591)
Background of the Complaint
On September 22, 2003, Marissa L. Macarilay filed a verified Complaint against Atty. Felix B. SeriAa for malpractice and gross misconduct with the IBP-CBD. The complaint stemmed from SeriAa's failure to perform agreed-upon legal services after receiving various payments, including an acceptance fee of P20,000.
Events Leading to the Complaint
In 2000, Complainant and Balaoro purchased a lot from Mohammad but encountered issues with the title transfer due to Mohammad's failure to provide the necessary documentation and subsequent mortgage on the property. After obtaining advice from Ong, Complainant was introduced to Paule, who suggested hiring a lawyer, leading to her meeting with Respondent.
During their initial consultation, Respondent required an acceptance fee and additional payments for notarization and filing fees, totaling P48,000. However, instead of initiating legal action, Respondent claimed he filed an affidavit of adverse claim but had not filed any civil or criminal cases against Mohammad, creating significant confusion and concern for Complainant.
Investigation and Findings
The IBP-CBD convened a mandatory conference on January 13, 2004, where both parties presented their cases. The investigator, Commissioner Leland R. Villadolid Jr., concluded that Respondent failed to provide diligent representation, violating various provisions of the Code of Professional Responsibility, specifically addressing neglect of client matters and failure to keep the client informed.
Respondent’s Defense
Atty. SeriAa contended that the Complainant was responsible for not filing the suits due to her alleged refusal to sign necessary documents and her delay in providing the defendant's correct address. However, this defense was universally rejected due to a lack of evidence supporting his claims, particularly that he did not proactively inform Complainant of the status of her case or the implications of her actions.
Conclusion of the Case
The investigating commissioner recommended that Respondent be reprimanded or suspended, concluding that he had violated the duties of fidelity and diligence owed to
...continue readingCase Syllabus (A.C. No. 6591)
Case Overview
- This case involves a verified complaint for "malpractice and/or gross misconduct" filed by Marissa L. Macarilay against Atty. Felix B. SeriAa, lodged with the Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD) on September 22, 2003.
- The complaint alleges that Respondent failed to render the legal services agreed upon and engaged in deceitful practices, violating the Code of Professional Responsibility.
- A mandatory conference/hearing was conducted on January 13, 2004, allowing both parties to present their positions and submit documentary evidence.
Complainant's Allegations
- The complainant and a co-buyer, Jenelyn Balaoro, purchased a lot but were unable to register the sale due to the seller, Albaria Mohammad, not surrendering the owner's duplicate certificate of title.
- Complainant learned that Mohammad had mortgaged the lot to a third party and was advised to engage a lawyer.
- After being introduced to Respondent, Complainant paid an acceptance fee of P20,000.00, followed by additional fees for notarization and filing of documents.
- Despite assurances from Respondent, Complainant found out that no legal actions were taken against Mohammad, leading to concerns about the status of her case.
- Following a series of unproductive communications with Respondent, Complainant terminated his services and requested the return of her payments.