Professional Documents
Culture Documents
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THIRD DIVISION
- versus -
Promulgated:
ATTY. JAIME S. LINSANGAN,
Respondent. July 24, 2017
~~
x----------------------------------------------------------------------------------x
DECISION
TIJAM, J.:
Complainants are children of the late Juan De Dios E. Carlos (Juan)
who presently seek to disbar respondent Atty. Jaime S. Linsangan (Atty.
Linsangan). Atty. Linsangan acted as counsel for their late father in several
cases, one of which involving the recovery of a parcel of land located in
Alabang, Muntinlupa City. Complainants alleged that Atty. Linsangan
forced them to sign pleadings and documents, sold the parcel of land in
Alabang, Muntinlupa City in cahoots with complainants' estranged mother,
and evaded payment of income taxes when he divided his share in the
subject property as his supposed attorney's fees to his wife and children, all /
in violation of his oath as lawyer. '\\
Decision 2 A. C. No. 11494
1
Docketed as Civil Case No. 94-1964 filed before the Regional Trial Court of Muntinlupa City,
Branch 256; Rollo, p. 4.
2
Entitled "Juan de Dias E. Carlos vs. Felicidad Sandoval, etc., et al.," and docketed as Civil Case
No. 95-135 filed before the Regional Trial Court ofMuntinlupa City, Branch 256; id.
3
Docketed as CV No. 53229.
4
Entitled "Bernard Rillo, et al. vs. Sps. Pedro and Jovita Balbanero" and docketed as Civil Case
No. 97-022 filed before Regional Trial Court of Muntinlupa City, Branch 256.
5
Entitled "Juan de Dias Carlos vs. Gen. Pedro R. Balbanero" and docketed as Civil Case No.
3256 filed before the Metropolitan Trial Court ofMuntinlupa City.
6
Entitled "Pedro R. Balbanero vs. Teofila Carlos, et al., " and docketed as Civil Case No. 18358 /
filed before the Regional Trial Court ofMakati City, Branch 60.
7
Docketed as SP No. 38097, SP No. 40819, and SP No. 39267. \\ ~
~v\
8
Docketed as G.R. No. L-127257, L-128613, and L-12517.
Decision 3 A. C. No. 11494
xxxx
The said attorney's fees shall become due and payable upon
recovery of the property, or any portion thereof, (a) upon finality of a
favorable Court decision, or (b) compromise settlement, whether judicially /
9
Rollo, pp. 4-6.
~
Decision 4 A. C. No. 11494
xxxx 10
However, it was not only Juan who went after the property, but also
Bernard Rillo and Alicia Carlos, a sister-in-law. The latter also filed an
action 11 for recovery of their share and by Compromise Agreement, an area
of 2,331 square meters was awarded in their favor, leaving a 10,000 square
meter portion of the property. 12
11
Jd. at 5-6.
Docketed as Civil Case No. 11975.
/
~
12
Rollo, p. 105.
11
ld. at 4.
14
Id. at 19-20.
Decision 5 A. C. No. 11494
each other any and all other claims which each may have against the other,
including those pending in the CA 15 and this Court. This Compromise
Agreement was approved by the trial court on December 11, 2009. 16
15
The cases before the CA as mentioned in the Compromise Agreement were the cases docketed as
CA-G.R. CV No. 53229, SP 40819 and SP 39267 while the cases before this Court as mentioned in the
Compromise Agreement were the cases docketed as G.R. Nos. 135830, 136035, 137743, 140931 and
179922; id, at 20.
16
ld. at 22.
17
18
ld. at 23-29. /
~
ld. at 27.
19
Id. at 79-80.
20
Id. at 42-43.
21
Id. at 51-53.
Decision 6 A.C.No.11494
30
ld. at 85. \ \l
Jd. at 86. \\"\
31
Td. at 135.
Decision 7 A. C. No. 11494
time through another lawyer, Atty. Victor D. Aguinaldo, that their shares in
the subject property be at least segregated from the portion sold. 32
The Issue
32
Id. at 146, 148.
33
ld. at 15-18.
34
ld. at 16.
35
ld. at 1-3. /
16
\\\
ld. at 2.
37
Id. at 103-116.
38
ld. at 110.
39
ld. at 110-111.
40
Id. at 112.
Decision 8 A. C. No. 11494
After a careful review of the record of the case, the Court finds that
respondent committed acts in violation of his oath as an attorney thereby
warranting the Court's exercise of its disciplinary power.
The record shows and Atty. Linsangan does not deny, that while the
cases involving the subject property were still pending resolution and final
determination, Atty. Linsangan entered into a Contract for Professional
Services with Juan wherein his attorney's fees shall be that equivalent to
50% of the value of the property, or a portion thereof, that may be recovered.
It is likewise not denied by Atty. Linsangan that he apportioned upon
himself, and to his wife and children, half of the property awarded to
complainants as heirs of Juan, through a Supplemental Compromise
Agreement. Similarly, such Supplemental Compromise Agreement was
entered into by Atty. Linsangan and the heirs of Juan concurrently with the
pendency of several cases before the CA and this Court44 involving the very
same property. What is more, Atty. Linsangan, probably anticipating that he
may be charged of having undue interest over his client's property in
litigation, caused another lawyer to appear but all the while making it
absolutely clear to Juan that the latter's appearance was nevertheless under
Atty. Linsangan's "direct control and supervision."
assignment, the property that has been the subject of litigation in which they
have taken part by virtue of their profession. While Canon 10 of the old
Canons of Professional Ethics, which states that "[t]he lawyer should not
purchase any interests in the subject matter of the litigation which he is
conducting," is no longer reproduced in the new Code of Professional
Responsibility (CPR), such proscription still applies considering that Canon
1 of the CPR is clear in requiring that "a lawyer shall uphold the
Constitution, obey the laws of the land and promote respect for law and
legal process " and Rule 13 8, Sec. 3 which requires every lawyer to take an
oath to "obey the laws as well as the legal orders of the duly constituted
authorities therein." 46 Here, the law transgressed by Atty. Linsangan is
Article 1491(5) of the Civil Code, in violation of his lawyer's oath.
45
Art. 1491. The following persons cannot acquire by purchase, even at a public or judicial
auction, either in person or through the mediation of another:
xx xx
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts,
and other officers and employees connected with the administration of justice, the property
and rights in litigation or levied upon an execution before the court within whose
jurisdiction or territory they exercise their respective functions; this prohibition includes
the act of acquiring by assignment and shall apply to lawyers, with respect to the property
and rights which may be the object of any litigation in which they may take part by virtue
of their profession.
46
See Angel L. Bautista v. Atty. Ramon A. Gonzales, A.M. No. 1625, February 12, 1990, 182
SCRA 151, 160.
47
See Biascan v. Atty. Lopez, 456 Phil. 173, 180 (2003).
48
See Valencia v. Atty. Cabanting, 273 Phil. 534, 542-543 (1991),where the Court suspended
respondent for six (6) months from the practice of law when he purchased his client's property which was
still the subject of a pending certiorari proceeding.
/
~
Decision 10 A. C. No. 11494
misappropriated it for his own use to the prejudice and violation of the
general morality, as well as of professional ethics; it also impairs public
confidence in the legal profession and deserves punishment. In short, a
lawyer's unjustified withholding of money belonging to his client, as in this
case, warrants the imposition of disciplinary action. 55
SO ORDERED.
' /"'
NOEL G~~~z TIJAM
Asso\\iat~ .TJ;;tice
WE CONCUR:
J. VELASCO, JR.
As,tociate Justice
Chairperson
55
Sencio v. Atty. Calvadores, 443 Phil. 490, 494 (2003 ); Reyes v. Maglaya, 313 Phil. 1, 7 ( 1995).
56
Supra note 44.
.
ZA
Associate Justice
ANDRE~YES, JR.
Asslci/l;7ustice
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