EN BANC
A.C. No. 8494, October 05, 2016
SPOUSES EMILIO AND ALICIA JACINTO, Complainants, v. ATTY. EMELIE P. BANGOT, JR., Respondent.
D E C I S I O N
BERSAMIN, J.:
A lawyer shall observe candor, honesty and fairness in dealing with his clients, and shall only charge fair and reasonable fees for his legal services. He should not excessively estimate the value of his professional services. In drawing up the terms of his professional engagement, he should not practice deceit. The clients are entitled to rescind the written agreement on his professional fees if the terms thereof contravened the true agreement of the parties.
The complainants recalled that on October 17, 2008 the respondent requested them to proceed to his law office. What thereafter transpired and that led to the signing of the MOA were set forth in their complaint, as follows:ChanRoblesVirtualawlibraryMEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
chanRoblesvirtualLawlibraryI, ATTY. EMELIE P. BANGOT, JR., of legal age, married and a resident of Lot 13, Block 1, Xavier Heights Subd., Upper Balulang, Cagayan de Oro City, hereinafter referred as the FIRST PARTY; and cralawlawlibrary
WE, SPOUSES EMILIO JACINTO AND ALICIA JACINTO, both legal age, and residents of Cagayan de Oro City, herein referred as the SECOND PARTY;WITNESSETH:
1. That the FIRST PARTY shall be the counsel/lawyer of the SECOND PARTY, regarding their parcel of land formerly covered by Original Certificate of Title No. P-3387 with an area of 4,138 sq. m., located at Kauswagan, Cagayan de Oro City, presently subdivided into 8 lots with individual certificate of titles (sic);
2. That the First Party shall get 300 sq. m., from Lot No. 37925-G covered by TCT No. 121708
3. That this agreement shall take effect immediately upon the signing of the parties (sic) cannot be revoked, amended or modified by the Second Party without the consent of the First Party.4chanroblesvirtuallawlibrary
On October 17, 2008, my wife received a phone call from the office of Atty. Bangot directing us to go to his office to sign documents they have prepared. The phone call was relayed to me by my wife so we immediately proceeded to his office arriving thereat at exactly 4:00 PM. The daughter of Atty. Bangot handed to us two sets of documents for our signatures. Because of full trust to Atty. Bangot, we did not bother reading the contents of the documents. Per instruction, we brought the papers to their friend lawyer for notarization and after the notarization returned to the office where we were given our personal file, without reading every detail of the documents.Feeling aggrieved, the complainants decided to bring their complaint against the respondent.
Upon arriving at our residence, I read the contents of the Memorandum of Agreement (MOA). Said MOA was not signed by Atty. Bangot and did not bear the signature of witnesses. I was surprised to know that the terms of the (MOA) did not reflect the true intentions being contemplated in our previous discussions. Contrary to what I have told him, a different area which is 37925-G under TCT No. 121708 was written. I already told him that my other lots including the lot written in the MOA could no longer be. disposed of because these lots were already committed to each of my children. The lot area was also increased from 250 sq. m. to 300 sq. m. Because of this situation, I called my wife and children and told them about the problem. My daughter whose share was involved reacted badly and she was hurt because she will then be deprived of her place to live in, in the future. We continued our discussion and we decided to see Atty. Bangot to have the MOA be revoked because we felt that we were deceived, Atty. Bangot took advantage of our old age, thus breaking the trust and confidence the client[']s and lawyer should uphold at all times in the exercise of one's profession.
As a gesture of acknowledging his efforts, we offered to pay him in cash, fair enough for the services he had rendered to us. However, he refused to revoke the MOA because accordingly, he would consult his wife which finally did not materialize because his wife was not amenable which in effect showed that they have vested interest on the property and they are bent on taking the property at any cause. He even challenged us to file an appropriate case in court against him rather than agree with our pleading for payment of cash. Likewise, he refused our offer to pay his services in cash alleging that he already filed a Manifestation in court and claimed that our possession would not be disturbed and that he will be filing a case for Certiorari as promised.
To our surprise though, we came to know that the Manifestation filed by Atty. Bangot is not a preparatory pleading for certiorari. No way could it even stop the intrusion into our property. Basically, we were deceived by Atty. Bangot into believing that the Manifestation he filed would stop any legal disturbance on our property and the same is preparatory for certiorari.5chanroblesvirtuallawlibrary
RESOLVED to ADOPT and APPROVE, as it is hereby unanimously ADOPTED AND APPROVED, with modification, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution as Annex "A", and finding the recommendation fully supported by the evidence on record and the applicable laws and rules and considering that Respondent breached his duty of candor and fairness to his client, Atty. Emelie P. Bangot, Jr. is hereby SUSPENDED from the practice of law for two (2) years.Through its Resolution No. XXI-2014-315,11 the IBP Board of Governors denied the respondent's motion for reconsideration.
The question to ask is, "Was the MOA fair to the parties and entered into by them in goodfaith?"We adopt the findings and note the insights thus expressed.
The undersigned resolves in the negative. To begin with, the conduct of Respondent had evinced an instinctive interest in the property of Complainants. He had the MOA executed at the same time he filed the Manifestation for Information before the court that was hearing LRC Case No. 98-010. Not only that, Respondent's proposal to have a MOA executed between him and the Complainant was meant to impress that his supposed attorney's fees would be paid on contingent basis, however, a perusal of the MOA indicates that the payment of Respondents' fee by way of a real property is being made immediately effective upon execution of the agreement.
As to the agreement of the Complainant and the Respondent, the undersigned gives full faith to the allegation of Complainant that the payment of Respondent's attorney's fees by way of a real property would come from TCT No. 121709 and not T-121708. Complainants explained that the latter lot had already been committed to their seven (7) children especially because this lot is situated in a prime location thus they could not have picked the same over Lot No. 121709. The Respondent knew straightforwardly that lot 121708 was a better lot yet Respondent gave a different account of their agreement and took advantage of the frailty and advance ages (sic) of his clients.
But, the most shocking of all, is the apparent inequity or disproportion between the amount of attorney's fees (measured from the value of the property taken by Respondent) and the effort or service already performed or still to be performed by him. The Complainants were not made parties to the LRC case or any other case and Respondent filed a mere two-paged Manifestation for Information in court which he did almost effortlessly. It is not clear how the court had reacted to the manifestation but Respondent did not follow it up with [any] other action. Despite the same, Respondent stuck to his tale that the Complainants had signed [the] MOA and despite his minimal representation of the Complainants in court, he held on to his idea that he had taken from his clients valid title to a million [pesos] worth of real estate in payment of his fees.
The undersigned does not see fairness and judiciousness to Respondent's treatment of his clients, 81 and 76 years old, respectively, and he need not add to his brief disquisition in this regard.12chanroblesvirtuallawlibrary
Section 24. Compensation of attorneys; agreement as to fees. -- An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. (Emphasis ours)All the foregoing circumstances established that the respondent was deceitful, dishonest and unreasonable in his dealings with the complainants as his clients. He thus violated his Lawyer's Oath, whereby he vowed, among others, to do no falsehood, and not to consent to the doing of any falsehood, as well as not to delay any man's cause for money or malice but to conduct himself as a lawyer according to the best of his knowledge and discretion "with all good fidelity as well to the courts as to [his] clients. He also breached the following canons of the Code of Professional Responsibility, to wit:ChanRoblesVirtualawlibrary
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest immoral or deceitful conduct.We have said time and again, and this we cannot overemphasize, that the Law is neither a trade nor a craft but a profession whose basic ideal is to render public service and to secure justice for those who seek its aid. If the Law has to remain an honorable profession and has to attain its basic ideal, those enrolled in its ranks should not only master its tenets and principles but should also, by their lives, accord continuing fidelity to such tenets and principles.19 The respondent's behavior and deceit demonstrated a preference for self-gain that transgressed his sworn duty of fidelity, loyalty and devotion to his clients' cause. His betrayal of his clients' trust besmirched the honorable name of the Law Profession. These considerations justify suspending him from the practice of law.
Canon 15 A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients.
Canon 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.
Canon 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.
Canon 20- A lawyer shall charge only fair and reasonable fees. Rule 20.4 A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud.
9. It is quite disturbing that to cover up Atty. Palasan's negligence and reckless filing of Annulment and/or Rescission of Agreement titled Spouses Emilio Jacinto and Alicia Jacinto vs. Atty. Emelie P. Bangot docketed as Civil Case No. 2008-302 before the Regional Trial Court, Branch 41, Cagayan de Oro City where the subject matter was the Memorandum of Agreement (MOA) between the complainant and respondent, said counsel resorted to another forum by filing this administrative case where his chance of oppressing and harassing respondent is far greater because when he filed said administrative case Atty. Roan Libarios then one of the Officers of the IBP National Chapter and member of the Board of Governors, representing Eastern Mindanao, was holding office at IBP, Ortigas Center, Pasig City as such, his officemate or law partner at Butuan City (sic). Unfortunately, for respondent, Atty. Libarios eventually became the IBP National President;The aforequoted allegations indicated that the respondent had readily attributed the filing of the administrative charge to the lawyer representing the complainants in the suit against him to annul or rescind the MOA, as well as to "unseen but influential hands" in the hierarchy of the IBP. The attribution was bereft of factual and legal justifications, however, because he did not even attempt to establish it with satisfactory proof. We cannot but dismiss the attribution as malicious and unfounded in view of the record establishing his serious ethical violations. He displayed an unmitigated lack of professionalism by casting aspersions against his peers, and exhibited a dangerous propensity to disparage others, which should move us to consider his violations as aggravated.
x x x x
18. The statement by Commissioner Cachapero in his Report and Recommendation, 1st sentence, 2nd par., thereof that: "On October 10 & 11, 2008, a survey was conducted on Cadastral Lot No. 1351 situated at Kauswagan, Cagayan de Oro City in connection with the reconstitution of the lost title of the lot which was then pending before the Regional Trial Court, Branch 39, R-10, Cagayan de Oro City." is quite confusing and designed to put down respondent probably at any cost and probably by an "unseen but influential hands (sic)";20chanroblesvirtuallawlibrary
Endnotes:
1Rollo, pp. 1-5.
2 Id. at 2.
3 Id. at 2-3.
4 Id. at 8.
5 Id. at 3-4.
6 Id. at 16-19.
7 Id. at 16-19, 100-120.
8 Id. at 95.
9 Id. at 340-343.
10 Id. at 338.
11 Id. at 335.
12 Id. at 342-343.
13 Id. at 114-116.
14 Id. at 3-4.
15Integrated Construction Services, Inc. and Engineering Construction, Inc. v. Relova, G.R. No. L-36424, July 31, 1975, 65 SCRA 638, 650.
16SesbreƱo v. Court of Appeals, G.R. No. 117438, June 8, 1995, 245 SCRA 30, 36-37.
17Rayos v. Hernandez, G.R. No. 169079, February 12, 2007, 515 SCRA 517, 528-529.
18Taganas v. National Labor Relations Commission, G.R. No. 118746, September 7, 1995, 248 SCRA 133, 137.
19Docena v. Limon, A,C. No. 2387, September 10, 1998, 295 SCRA 262, 266.
20Rollo, pp. 143-145.
21 A.C. No. 5834, December 11, 2003, 418 SCRA 6.
22 A.C. No. 5829, October 28, 2003, 414 SCRA 511.
23 A.C. No. 7902, September 30, 2008, 567 SCRA 118.
24 A.C. No. 11078, July 19, 2016.
25cralawred A.C. No. 10543, March 16, 2016.
26 Id.