Case Summary (A.C. No. 5033)
Complaint Background
On July 31, 2001, Teresita D. Santeco filed a Verified Complaint against Atty. Luna B. Avance with the Committee on Bar Discipline of the Integrated Bar of the Philippines. The complaint detailed allegations of mishandling in the representation related to Civil Case No. 97-275. Santeco, initially represented by another lawyer, had engaged Atty. Avance for both cases after terminating her previous legal counsel.
Payment of Fees and Lack of Receipts
Santeco agreed to pay Atty. Avance P12,000.00 as an acceptance fee, with subsequent payments made in 1997 and 2000 for their services. Despite these payments, Atty. Avance failed to provide receipts, which led to further complications and dissatisfaction on the part of Santeco.
Court Proceedings and Representation Issues
The trial court in Civil Case No. 97-275 ruled against Santeco, prompting her to engage Atty. Avance. However, Atty. Avance exhibited negligence as evidenced by the expunging of her witness’s testimony in court and her failure to contest subsequent court orders effectively.
Dismissal of Civil Case No. 97-275
Civil Case No. 97-275 was ultimately dismissed in 1999 for failure to prosecute due to Atty. Avance's absence during crucial hearings. Despite promises to file a petition for certiorari with the Court of Appeals, Atty. Avance did not execute this action, which Santeco discovered only after personally checking with the Court.
Misappropriation of Client Documents
Compounding the situation, Atty. Avance reportedly took vital documents related to the ejectment case under the pretext of needing them for a motion regarding a supersedeas bond. Santeco alleged that Atty. Avance instructed her to retrieve an encashed check that did not exist, further indicating mismanagement of her case.
Administrative Proceedings Initiated
Following multiple failed attempts to resolve the issue directly with Atty. Avance, Santeco escalated the matter, filing a complaint before the Barangay Office and subsequently initiating administrative proceedings against Avance, who failed to respond to formal orders from the Commission on Bar Discipline.
Findings of Negligence
Investigations revealed that Atty. Avance was culpable for various serious failings, including neglect of duty, failure to account for funds, and refusal to withdraw appropriately from her representation of Santeco.
Violations of Professional Conduct
The Investigating Commissioner’s report highlighted that Atty. Avance breached several canons of the Code of Professional Responsibility. This included failure to represent her client diligently, inappropriate withdrawal from her case, and the neglect of legal matters entrusted to her.
Determination of Sanctions
While the Board of Governors of the Integrated
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Case Background
- The case involves a complaint filed by Teresita D. Santeco against Atty. Luna B. Avance, alleging mishandling of two civil cases: Civil Case No. 50988 (ejectment case) and Civil Case No. 97-275 (action to declare a deed null and void).
- Complainant Santeco was the defendant in the ejectment action, which resulted in a judgment against her on March 3, 1997.
- Following the adverse judgment, Santeco filed a supersedeas bond and subsequently sought legal redress in the other case concerning the validity of a deed.
Engagement of Atty. Luna B. Avance
- In March 1998, after terminating her previous counsel, Santeco engaged Atty. Avance, paying her an acceptance fee of P12,000.00.
- Additional payments of P1,500.00 and P500.00 were made in 1997 and 2000, respectively, but Avance failed to provide receipts despite several demands.
Allegations Against Respondent
- Santeco alleged that Atty. Avance failed to account for the official receipt of the supersedeas bond and neglected to file a petition for certiorari with the Court of Appeals as promised.
- The trial court dismissed Civil Case No. 97-275 for failure to prosecute due to Avance's absence during hearings.
- Avance misrepresented her intentions by claiming