Case Summary (A.C. No. 9612)
Factual Background
Johnny averred that Abella retained Atty. Millo in May 1990 for the transfer of title and the adoption case. Johnny and Abella paid Atty. Millo P14,000.00 for the transfer of title and P10,000.00 for the adoption matter. They later claimed that Atty. Millo repeatedly gave them false information and offered numerous excuses to justify his failure to complete the transfer of title.
Johnny further stated that Atty. Millo misled them into believing that the capital gains tax for the property had already been paid in 1991. When they returned to the Philippines in February 1995, they allegedly discovered that the tax remained unpaid and that they had become liable for penalties. When confronted, Atty. Millo allegedly insisted he had already paid, but he could not produce a receipt to substantiate payment. Johnny claimed that only after he confronted Atty. Millo and the latter “stormed out” of the office did Atty. Millo return the P14,000.00 received for the transfer of title, and he further promised in writing to assume liability for accrued penalties.
As to the adoption case, Johnny attributed further delay to Atty. Millo’s inaction. He stated that the Tarlac office of the Department of Social Welfare and Development (Tarlac DSWD) treated the adoption case as closed due to about two years of inactivity. He asserted that Atty. Millo had led them to believe an interview had been scheduled for February 14, 1995, but when they appeared at the Tarlac DSWD, they were informed no such interview was scheduled. Johnny alleged that Atty. Millo could not be reached at all, and that even when a hearing was later reportedly set for February 23, 1995 at 10:00 a.m., Atty. Millo could not be found and had requested a change of schedule to the afternoon without Johnny’s knowledge.
Commencement of the Administrative Complaint and Early IBP Proceedings
Because of what Johnny described as neglect and ineptitude, he filed an administrative complaint before the IBP on March 14, 1995, praying for disciplinary action and for a refund of P15,643.75 representing penalties from the non-payment of the capital gains tax, as well as the P10,000.00 paid for the adoption case. Johnny, being a resident of Canada, constituted Tita Lomotan as his attorney-in-fact to represent him during his and Abella’s absence.
The IBP required Atty. Millo to file an answer on July 10, 1995. Although Atty. Millo requested an extension, he ultimately filed no answer. He also did not appear at the hearings despite due notice. The IBP required Johnny, through Lomotan, to engage counsel and held the proceedings in abeyance while awaiting the appropriate motion from Johnny’s counsel. The matter then remained dormant for several years.
Johnny wrote to the President of the IBP on October 28, 1998 due to the long delay. The IBP Commission on Bar Discipline (IBP-CBD) scheduled another hearing only on June 29, 2001 on April 2, 2001. At that hearing, Atty. Millo appeared through a representative and submitted a manifestation or motion claiming that Johnny had meanwhile died and that Abella would withdraw the complaint. On October 11, 2001, the IBP-CBD, through Commissioner Victoria Gonzalez-De los Reyes, deemed the case submitted for resolution.
IBP Resolution and Modification of the Recommended Penalty
The case later came to Investigating Commissioner Victor C. Fernandez, who submitted a report and recommendation on October 4, 2010. The Investigating Commissioner found Atty. Millo liable for violating Canon 18 of the Code of Professional Responsibility and recommended suspension for six months.
On November 19, 2011, the IBP Board of Governors issued Resolution No. XX-2011-235, adopting the findings but lowering the suspension from six months to two months. The IBP Board also ordered Atty. Millo to return P16,000.00 to the complainant. Atty. Millo moved for reconsideration on March 27, 2012, asserting that he believed Abella had already withdrawn the complaint before her death, that the transfer documents had been prepared, that he had returned the P14,000.00, and that the adoption case had been granted by the trial court. He also claimed he had lost contact with Johnny and Abella in Canada and suggested that Abella’s brother, Juan Daquis, could have confirmed that the charge resulted from misunderstanding. He maintained that Daquis had died in November 2011, implying the communication difficulty.
On June 9, 2012, the IBP Board of Governors denied the motion for reconsideration.
Issues Framed by the Court
The Court addressed whether Atty. Millo’s acts and omissions—especially his failure to competently and diligently handle the entrusted matters, his alleged misrepresentations about payment of the capital gains tax, his failure to timely answer the complaint, and his disregard of hearing schedules—constituted violations of the Lawyers Oath and Rule 18.03, Canon 18 of the Code of Professional Responsibility. It also considered the appropriate sanction and the propriety of ordering refunds for the monetary amounts sought by the complainant.
The Parties’ Contentions
Johnny maintained that Atty. Millo accepted payments for legal services and then failed to accomplish the intended transfer of title, misled him into believing that the capital gains tax had been paid, and left him and Abella exposed to penalties. Johnny further insisted that the adoption case was likewise mishandled due to misrepresentations about scheduled interviews and hearings and delays attributable to Atty. Millo’s lack of diligence and availability.
Atty. Millo, in his efforts before the IBP, sought reconsideration by invoking alleged withdrawal assurances and by asserting that documents were already prepared, the P14,000.00 was returned, and the adoption case had eventually been granted by the trial court. However, the Court underscored that these claims were post facto and did not negate the alleged professional neglect and misrepresentations while the case was pending.
Legal Basis and Reasoning
The Court held that every attorney owes fidelity to clients’ concerns and that the attorney’s duty to safeguard the clients’ interests begins upon engagement and continues until the effective release of the attorney by the client. The Court emphasized that during that period, the lawyer must take every reasonable step and exercise ordinary care as clients’ interests require.
It ruled that Atty. Millo’s acceptance of P14,000.00 for the transfer of title and P10,000.00 for the adoption case established a lawyer-client relationship. From that moment, he was bound to render competent and efficient professional service. The Court found that he failed to discharge that duty. It concluded that he was inefficient and negligent in handling what the professional service required.
The Court particularly faulted Atty. Millo for concealing his inefficiency and neglect by giving false information to his clients about having already paid the capital gains tax. It found that, as a matter of reality, the capital gains tax had not been paid, thereby exposing the clients to substantial financial liability in the form of penalties.
Invoking Rule 18.03, Canon 18, the Court stressed the explicit command that a lawyer shall not neglect a legal matter entrusted to him and that negligence connected with such matter renders the lawyer liable. The Court characterized Johnny’s complaint as serious and not to be taken lightly. It held that Atty. Millo did not take it seriously enough and even ignored it for a long period. It noted that despite several opportunities, he filed no written answer, thereby forfeiting the chance to explain the circumstances. The Court reasoned that a worthy and blameless respondent would have refuted an unfair or baseless complaint promptly and seasonably. It therefore treated Atty. Millo’s belated response as inadequate.
The Court also considered but rejected the significance of later developments. It stated that the subsequent return of the P14,000.00 and the later granting of the adoption case by the trial court did not erase liability because those events were post facto and did not nullify the neglect inflicted on the clients. It further held that Atty. Millo could not ignore his obligations without consequences when the Court and the IBP had given him a liberal opportunity to justify his neglect and ineptitude.
The Court further addressed what it perceived as deliberate procedural evasion. It found likely that Atty. Millo purposely disregarded the opportunity to answer in a manner consistent with delaying investigation until the complainants, being abroad, would have lost interest, or until they would have died. It rejected any tolerance of such conduct. The Court reiterated that when an attorney is made a respondent in disciplinary proceedings, he must submit an explanation and meet the issues and overcome the evidence against him.
Additionally, the Court held that Atty. Millo compounded his position by consistently absenting himself from scheduled IBP hearings set for his benefit. It ruled that his disregard of IBP orders requiring attendance reflected utter disrespect for the Judiciary and fellow lawyers. The Court underscored that lawyers are expected to obey court processes and to comply foremost with orders from duly constituted authorities. It cited Espiritu v. Ulep to support the view that repeated, apparently deliberate non-appearance can function as an evasion from the duty to explain one’s side.
The Court also addressed the argument that Atty. Millo’s belated response resulted from assurances that Abella would withdraw the complaint. The Court disbelieved this explanation and treated it as a belated attempt to save the day. It emphasized that withdrawal of an administrative complaint based on professional misconduct or negligence does not warrant dismissal of the case. It explained that suspension or disbarment proceedings proceed regardless o
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Case Syllabus (A.C. No. 9612)
- Johnny M. Pesto filed an administrative complaint against Atty. Marcelito M. Millo for conduct unbecoming an officer of the Court, misleading his client, bungling the transfer of title, and incompetence and negligence in the performance of his duties.
- The case proceeded through the Integrated Bar of the Philippines (IBP) disciplinary process and reached the Supreme Court for review of the IBP Board of Governors resolution and the imposed sanction.
- The Supreme Court ultimately affirmed liability but modified the penalty and the monetary consequences.
Parties and Procedural Posture
- Johnny was the complainant and a Canadian national, who retained an attorney and later sought disciplinary action against Atty. Millo.
- Abella Pesto, Johnny’s wife, initially engaged Atty. Millo for matters involving transfer of title and adoption of their niece.
- Because Johnny and Abella were abroad, Johnny constituted Lomotan as attorney-in-fact to represent him during his and Abella’s absence.
- The complaint was filed in the IBP on March 14, 1995, with supporting claims of professional neglect and misrepresentation.
- The IBP ordered Atty. Millo to file an answer on July 10, 1995, and although extensions were granted, he failed to file any answer.
- Atty. Millo also did not appear at hearings despite due notice.
- The IBP matter experienced prolonged delay, and Johnny wrote the President of the IBP on October 28, 1998 to prompt action.
- The IBP Commission on Bar Discipline (IBP-CBD) scheduled another hearing on June 29, 2001, at which Atty. Millo appeared through a representative and submitted a manifestation/motion claiming that Johnny had died and that Abella would withdraw the complaint.
- On October 11, 2001, the IBP-CBD deemed the case submitted for resolution.
- After case transfer, the Investigating Commissioner submitted a report and recommendation on October 4, 2010, finding Atty. Millo liable and recommending six months’ suspension.
- The IBP Board of Governors adopted Resolution No. XX-2011-235 on November 19, 2011, affirming liability but reducing the suspension to two months and ordering return of P16,000.00.
- Atty. Millo moved for reconsideration on March 27, 2012, which the IBP Board denied on June 9, 2012.
- The Supreme Court affirmed the IBP resolution on liability but modified the penalty and the monetary orders.
Key Factual Allegations
- Johnny averred that in May 1990, Abella retained Atty. Millo to handle the transfer of title over a parcel of land to her name and to pursue the adoption of their niece Arvi Jane Dizon.
- Johnny asserted that he and Abella paid P14,000.00 for the transfer of title and P10,000.00 for the adoption matter.
- Johnny claimed that after receiving the sums, Atty. Millo repeatedly gave false information and gave numerous excuses for failing to complete the transfer of title.
- Johnny stated that Atty. Millo falsely led them to believe that the capital gains tax had already been paid in 1991, but they later discovered in February 1995 that it had not been paid.
- When confronted, Johnny claimed that Atty. Millo insisted the tax had been paid but could not produce any receipt to prove payment.
- Johnny narrated that Atty. Millo returned P14,000.00 only after Johnny stormed out of the attorney’s office, and that Atty. Millo then promised in writing to assume liability for accrued penalties.
- Johnny also blamed Atty. Millo for allowing the adoption case to be considered closed by the Tarlac office of the Department of Social Welfare and Development (Tarlac DSWD) due to inaction for two years.
- Johnny alleged that Atty. Millo led them to believe an interview with the Tarlac DSWD was scheduled for February 14, 1995, but no interview was scheduled when they arrived.
- Johnny asserted that Atty. Millo could not be reached during the critical period, and that a hearing was later moved to February 23, 1995, without their knowledge.
- Johnny claimed that when they went to the courthouse in Tarlac, Atty. Millo could not be found, and they learned after waiting that the hearing request had been adjusted in the afternoon without their notice.
- Johnny claimed that, due to the attorney’s neglect and incompetence, he filed the IBP complaint on March 14, 1995, and sought disciplinary action and refunds, including P15,643.75 for penalties for late non-payment of capital gains tax and the P10,000.00 paid for the adoption case.
Respondent’s Defenses and Conduct
- Atty. Millo did not file an answer despite IBP orders and granted extensions, thereby forfeiting the opportunity to explain and refute the allegations.
- Atty. Millo did not appear at the scheduled IBP hearings despite due notice.
- At the June 29, 2001 hearing, Atty. Millo, through a representative, invoked a purported ground for withdrawal by claiming that Johnny had meanwhile died and that Abella would withdraw the complaint.
- In subsequent proceedings, Atty. Millo maintained that he honestly believed Abella had already caused withdrawal prior to her death.
- Atty. Millo claimed he prepared the documents needed for the transfer of the certificate of title and returned P14,000.00 to the clients.
- Atty. Millo argued that the adoption case had been granted by the trial court and that he lost contact with Johnny and Abella who were in Canada.
- Atty. Millo suggested that Abella’s brother Juan Daquis could have confirmed that the charge stemmed from misunderstanding, and that Daquis had died in November 2011.
- The Supreme Court treated these explanations as insufficient to excuse neglect and noncompliance, particularly given the attorney’s failure to answer and his repeated absence at hearings.
- The Supreme Court expressed the view that Atty. Millo may have deliberately disregarded the opportunity to answer to delay the investigation until complainants lost interest or could no longer rebut the allegations.
- The Supreme Court emphasized that withdrawal of an administrative charge does not automatically defeat a disciplinary proceeding where professional misconduct or negligence is supported by the record.
Issues Raised
- The core issue was whether Atty. Millo violated the Lawyers Oath and Canon 18, Rule 18.03 of the Code of Professional Responsibility through lack of competence and diligence in the matters entrusted to him.
- The case also involved whether Atty. Millo’s refusal to answer and repeated nonappearance at IBP hearings constituted additional misconduct showing disrespect for court processes and a pattern of evasion.
- The Court necessarily addressed the appropriate penalty for the established professional fault, including whether the IBP-imposed suspension and monetary orders required adjustment.
- The Court also addressed the extent of the repayment that could be ordered, given that administrative discipline is not a forum for collection of sums absent a basis recognized in legal ethics jurisprudence.
Statutory Framework and Ethical Duties
- The Supreme Court anchored liability on the Lawyers Oath, requiring attorneys to conduct themselves according to the