Case Summary (A.C. No. 12881)
Complaint and Allegations
In a Complaint-Affidavit submitted to the Integrated Bar of the Philippines (IBP) on June 20, 2007, Nicolas claimed that Laki was engaged to file a case for the annulment of her brother's marriage. She alleged that after accepting significant fees, Laki failed to file the case and became uncontactable, despite having assured her that the proceedings were nearing completion.
Procedural History
Despite seeking extensions and opportunities to respond, Laki failed to submit an answer to the complaint within the designated periods. He also neglected to attend a crucial hearing where significant testimony against him was presented, thereby demonstrating a pattern of disregard for the IBP's proceedings.
Findings of the IBP
On April 3, 2019, the IBP's Commissioner Puno-Yambot found Laki guilty of violating multiple canons of the CPR, leading to a recommendation for disbarment and an order to pay Nicolas a total of P20,000 with legal interest. The IBP Board of Governors later adopted these findings but imposed a P20,000 fine instead.
Similar Past Violations
The Court identified that Laki had previously been disbarred for analogous offenses in a different case, indicating a pattern of misconduct that warranted serious attention. The previous disbarment underscored the need for stringent penalties to curb such repetitive infractions.
Court's Ruling
The Court agreed with the IBP’s factual findings while modifying the recommended penalties. Laki's conduct was found to reflect a broader trend of neglect and deceit that undermined public trust in the legal profession. Thus, while disbarment was warranted, the Court opted for a fine of P40,000 in lieu of a second disbarment, consistent with legal principles against double penalization.
Reimbursement Ordered
In addition to the imposed fines, Laki was ordered to reimburse Nicolas, totaling P115,000, with the obligation to pay interest reflecting the failure to return the funds promptly. This aspect emphasized the fiduciary relati
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Antecedents of the Case
- Complainant Norma Nicolas filed a Complaint-Affidavit before the Integrated Bar of the Philippines (IBP) on June 20, 2007, seeking the disbarment of Respondent Atty. Jose Laki.
- The complaint alleged multiple violations of the Code of Professional Responsibility (CPR): Canon 1, Rules 1.01 and 1.02; Canon 10, Rule 10.01; Canon 15, Rule 15.06; Canon 16, Rules 16.01 and 16.03; and Canon 18, Rule 18.03.
- The complainant's brother, Joseph Darag, sought annulment of his marriage, which led to Atty. Adoracion Umipig handling the case initially before referring it to Atty. Laki.
- Atty. Laki volunteered to represent Joseph for a fee of P130,000.00, promising completion of the annulment proceedings by early April 2006.
Payment Transactions and Developments
- The complainant made an initial payment of P100,000.00 to Atty. Laki, which was discounted to P95,000.00, in the presence of Atty. Umipig.
- In March 2006, Atty. Laki requested an additional P20,000.00, claiming the case was nearing completion; this amount was deposited into his mother's bank account.
- By April 2006, Atty. Laki informed both complainant and Atty. Umipig that the presiding judge was on leave but assured them that the case was almost resolved.
- After Holy Week, the complainant lost contact with Atty. Laki, and despite repeated attempts to reach him, he remained unresponsive.
Discovery of Misconduct
- In November 2006, during a visit to Balanga, Bataan, the complainant discovered that no annulment case had been filed by Atty. Laki.
- Following this revel