Case Summary (A.C. No. 8219)
Allegations and Background
The allegations originated from events reported in a complaint filed by two individuals, Anabelle Sarte Gaaa and Lauro Sarte, alongside their aunt Elvira Shibuya. They contended that Atty. Mas unlawfully demanded and received PHP 58,000.00 from them, purportedly for the resolution of an estafa case involving Lauro Sarte against Sylvia Dayrit et al. They claimed that this amount was solicited after Atty. Mas assured them of a swift and favorable outcome in their case, despite having already paid the legitimate docket fees.
Procedural Developments
Following the initial complaint, Atty. Mas failed to respond to the Court's directives, leading to difficulties in locating him. Multiple attempts were made by the National Bureau of Investigation (NBI) to find his whereabouts, but he had provided false addresses in official documents. Consequently, the case was referred to the Integrated Bar of the Philippines (IBP) for further investigation. On January 15, 2019, the IBP issued a report noting that Atty. Mas's actions constituted extortion and foul conduct, warranting disbarment.
Findings of the IBP and Rulings
The IBP's investigation concluded that Atty. Mas had engaged in unlawful and dishonest conduct by extorting money under the guise of facilitating a favorable resolution of the estafa case. The IBP found him liable for deceit and misconduct but noted that since he was already serving a previous disbarment, any additional disciplinary measures would be moot.
Court's Final Decision and Rationale
The Court endorsed the IBP's finding of guilt concerning the serious violations committed by Atty. Mas but clarified that double disbarment is not permissible in this jurisdiction. The Court recorded the finding of misconduct for the purpose of future proceedings if the respondent sought reinstatement. Consequently, Atty. Mas was ordered to return PHP 58,000.00 to the complaini
...continue readingCase Syllabus (A.C. No. 8219)
Background of the Case
- An administrative controversy originated from a disbarment suit filed by the Office of the Provincial Prosecutor of Cavite against Atty. Leonuel N. Mas.
- The complaint was lodged by then Provincial Prosecutor Emmanuel Y. Velasco citing deceit, gross misconduct, dishonesty, and violations of the lawyer's oath and oath of office as a prosecutor.
- Atty. Mas served as an Assistant Provincial Prosecutor for Laguna and was detailed to the Cavite office, where he was responsible for conducting preliminary investigations.
Allegations Against Atty. Mas
- On March 23, 2009, Prosecutor Velasco received a complaint via SMS from Anabelle Sarte Gaaa and Lauro Sarte alleging that Atty. Mas unlawfully demanded and received PHP 58,000.
- The case in question involved the complainants in "Lauro Sarte vs. Sylvia Dayrit et. al." for Estafa, which was assigned to Atty. Mas for preliminary investigation.
- The complaint detailed various events, including Atty. Mas's assurances to resolve the case quickly and favorably while unlawfully demanding additional fees under the guise of a "docket fee."
Detailed Account of the Incident
- The complainants initially appeared for a preliminary investigation on March 19, 2009, and were pressured by Atty. Mas to pay additional fees despite having already paid the required PHP 6,000.
- Atty. Mas allegedly went through the m