Case Summary (A.C. No. 12220)
Allegations of Misconduct
The complainant alleges that Atty. Arma was engaged and billed P65,000.00 for legal services which he failed to render, despite receiving payment. Furthermore, after numerous follow-ups and a final demand for the return of the fees on September 7, 2005, the respondent refused to refund the amount, prompting PSP Development Corporation to escalate the matter formally.
IBP's Investigative Report and Recommendation
The Integrated Bar of the Philippines (IBP) conducted an investigation, where the Investigating Commissioner issued a Report and Recommendation on April 1, 2016. It suggested a five-year suspension for Atty. Arma due to his failure to file a response to the complaint, emphasizing his lack of communication regarding his whereabouts as evidenced by the returned notice marked “moved with no forwarding address.” The report noted the absence of any inquiry from the complainant about the case status but did not indicate whether a mandatory conference was held or if an order of default was issued against Atty. Arma.
Resolution by the IBP Board
In its Resolution No. XXIII-2017-021 dated August 31, 2017, the IBP Board of Governors modified the recommendation, reducing the recommended suspension to two years instead of five years, but the rationale behind this decision is not thoroughly documented.
Legal Framework and Due Process
The court emphasized the principles of due process as enshrined in the 1987 Philippine Constitution, particularly highlighting the necessity for a party to have adequate opportunity to present their case. Due process requirements dictate that a judgment cannot be rendered without substantial evidence and a factual basis, even if a party is in default.
Findings on Evidence and Due Process Violations
Upon review, the court noted that there was a lack of sufficient evidence to substantiate the claims against Atty. Arma. The complainant did not provide additional documentation or establish a clear link between the payment and the lack of legal services rendered. The only evidence presented
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Factual Antecedents
- PSP Development Corporation, a domestic corporation, is represented in this administrative case by its President, Reynaldo Jesus B. Pasco, Sr.
- In August 2004, Pasco engaged the legal services of Atty. Luisito C. Arma to file a case against Pio Castillo, Jr. and Macatan Apparel, Inc.
- Atty. Arma accepted the engagement and billed the complainant a total of P65,000.00 as professional fees.
- Despite the payment and multiple follow-ups from the complainant, Atty. Arma failed to file the necessary case in court, causing prejudice to the complainant.
- On September 7, 2005, the complainant made a final demand for the return of the money paid to Atty. Arma, which he did not fulfill.
Report and Recommendation of the IBP Investigating Commissioner
- The Investigating Commissioner submitted a Report and Recommendation on April 1, 2016, recommending a five-year suspension from the practice of law for Atty. Arma.
- The respondent failed to file an answer to the Complaint despite being notified. The notice sent was returned, indicating that the respondent had "moved with no forwarding address."
- The Investigating Commissioner noted that the complainant did not inquire about the status of the case.
- No mention was made regarding whether a mandatory c