597 Phil. 690
PER CURIAM:
Complainants and the Spouses Eustaquio entered into an amicable settlement. In the amicable settlement[7] dated 3 September 1977, the parties stated that:x x x x
- x x x Angalan Samal and his children x x x are the original patentees of a certain parcel of land, situated in Ombay, Samal, Davao, covered under Original Certificate of Title No. P-11499, of the Registry of Deeds of Davao, having acquired the same under HP-No. 65310, pursuant to the provisions of the Homestead Laws of the Public Land Law (C.A. 141);
- x x x [O]n April 15, 1971, the herein original patentees x x x sold and conveyed said parcel of land covered by the aforesaid title to the herein defendants for the sum of FIFTEEN THOUSAND PESOS (P15,000.00) x x x;
- x x x [U]nder the provisions of the Public Land Law, particularly Section 119 thereof and even on the face of the title of said property now under the name of the defendants x x x the herein plaintiffs have the right to repurchase said property within a period of five (5) years from the date of the conveyance;
x x x x
- [A]s a matter of right under the law, the herein plaintiffs are entitled to the produce of the property at least beginning April 8, 1976;
- [B]y reason of unwarranted refusal on the part of the defendants to reconvey the property to plaintiffs, the latter have been constrained to engage, and in fact have engaged, the services of counsel x x x[6]
In a Decision[9] dated 30 September 1977, the CFI approved the amicable settlement.
- x x x [T]he plaintiffs have offered to the defendant[s] the sum of P30,000.00 as repurchase price which the defendant[s accept];
- x x x [U]pon the signing hereof, the plaintiffs shall pay the defendant[s] the sum of P15,000.00 and for this purpose hereby authorize the defendants to collect the same from the Clerk of Court which amount had been deposited with this Honorable Court; Likewise, upon signing hereof the Deed of Reconveyance shall be immediately executed and delivered by the defendants to plaintiff[s];
- x x x [W]hile the balance of P15,000.00 has not been paid, the defendant[s] shall continue to possess, and if necessary to gather the produce of the property, however, upon receipt of the defendant[s] of the balance of P15,000.00, said defendants together with [their] agent and/or worker, Alfredo Rabadon shall clear the area and turnover the same within fifteen (15) days from receipt [of] said balance.[8]
This will inform you that the Heirs of Angalan Samal have already redeemed their property through me from Mr. Navarro Eustaquio since September, 1978. In my capacity as counsel of the Heirs of Angalan Samal and owner of the money in redeeming the property, I have authorized Mr. Macario Capol to take over the possession of the property together with the harvesting of the matured coconuts.When complainants tried to repay the P30,000 repurchase price and recover the property from respondent, respondent refused. Complainants learned that respondent transferred the title of the property to his name -- TCT No. T-9926 was canceled and TCT No. T-57932[11] in the name of respondent was issued.
[In] 1971, ANGALAN (SAMAL) [now deceased) [sic] together with his son-in-law, MACARIO CAPUL, the latter being the town mate of herein defendant Delante in Danao, Cebu and who is married to the daughter of the late ANGALAN (SAMAL), came to herein defendant's office and sought for an advice to borrow money;Complainants filed a complaint[15] dated 28 December 2005 with the Court charging respondent with gross violation of the Code of Professional Responsibility. In a Resolution[16] dated 3 July 2006, the Court required respondent to comment on the complaint and, in a Resolution[17] dated 4 December 2006, the Court referred the case to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation.
x x x [T]he late ANGALAN (SAMAL) together with his children in company with MACARIO CAPUL, were directed by herein defendant to inform him why it was necessary for them to borrow money and for whatever [sic] purpose; after their story, herein defendant disagreed as to their justification in borrowing money which was for no other purpose except to have money on their own;
x x x x
It is preposterous for plaintiff[s] to claim that they had [sic] engaged the professional services of herein defendant to file an annulment case since plaintiffs never came back apparently ashamed when they were driven out, but worse they had [sic] never paid the herein defendant a single centavo for purposes of filing an annulment case against co-defendant NAVARRO EUSTAQUIO;
x x x [T]he transfer of said property consisting of 8.102 hectares under the name of herein defendants was not tainted with any deceit but effected legally by virtue of a valid deed of sale executed by defendants' [sic] spouses EUSTAQUIO in favor of herein defendants.
x x x x
[T]he absolute deed of sale, [sic] dated 15 April 1971, executed by herein plaintiffs in favor of defendants EUSTAQUIO, speaks for itself. It is a sale of real property and NOT a mortgage.
x x x x
Contrary to the malicious and untruthful claim of the plaintiffs, the legal services of defendant Atty. LEONIDO DELANTE was never solicited by them. Plaintiffs only asked defendant from where they could borrow money, and after knowing that they just simply would [sic] like to borrow money without any concrete investments in mind to repay [sic] back [sic] any loan, defendant Atty. LEONIDO DELANTE drove them out of his office and told them to look for another person to help them;
Defendant Atty. LEONIDO DELANTE later learned from MACARIO CAPUL, who is a friend and a town mate, and who is the husband of FRANCISCA ANGALAN CAPUL, that the plaintiffs had negotiated a sale with a certain NAVARRO EUSTAQUIO x x x;
In September 1977, a former Filipino client of herein defendant DELANTE, who, and his family [sic] are now permanent residents of New York, was looking for a real property to build his retirement home, [sic] and he approached herein defendant, in which he was referred to defendant EUSTAQUIO [sic]; Upon visiting the property of defendant EUSTAQUIO, he was so impressed of the location of the property and decided to buy the same, hence left the money to herein defendant DELANTE and to buy [sic] said property under defendant's name, with the understanding to turn over said property to him, as soon as he and his family shall have returned to the country;
x x x [S]ince herein defendant is not interested over the said property as his own, he waited for his client from New York to come home and to get his property but after 11 years, his client decided not to come back anymore to the Philippines, and directed herein defendant to register the Deed of Sale over the property to [sic] his name and directed herein defendant to refund his client.[14]
The issue to resolve is whether or not respondent committed grave violation of [the] Code of Professional Responsibility when he bought the property of his client[s] without their knowledge, consent and against their will?Commissioner Hababag recommended that respondent be suspended from the practice of law for six months.
Weighing evidence presented by both parties, respondent should be punished for his unprofessional and distasteful acts.
x x x x
His vain attempt to salvage his malicious acts was too flimsy to gain belief and acceptance. It is unbelievable that a buyer would entrust his money intended for payment of a property but allowed that said property be registered under the name of another, specifically his lawyer, simply runs counter to ordinary human nature. (Emphasis supplied)
It is preposterous for [complainants] to claim that they had [sic] engaged the professional services of herein defendant to file an annulment case since [complainants] never came back apparently ashamed when they were driven out x x x;The Court is not impressed. Angalan and complainants went to respondent's office not to seek advice about borrowing money but to engage his services for the purpose of recovering their property. This is obvious. First, after Angalan and complainants went to respondent's office, respondent filed a complaint with the CFI praying that the Spouses Eustaquio reconvey the property to Angalan and complainants. Second, in the complaint, respondent stated that, "by reason of unwarranted refusal on the part of the defendants to reconvey the property to plaintiffs, the latter have been constrained to engage, and in fact have engaged, the services of counsel." Third, respondent issued a receipt to complainants stating that he "RECEIVED from Mr. MACARIO CAPUL and FRANCISCA RAFAEL CAPUL the sum of ONE THOUSAND TWO HUNDRED PESOS (P1,200.00) representing full payment of professional services in regard to the recovery of Original Certificate of Title No. P-11499 in the name of Angalan (Samal)." Fourth, in respondent's letter dated 10 January 1979 and addressed to the barrio captain of Umbay, Samal, Davao del Norte, he stated that he was the lawyer of complainants:
x x x x
Contrary to the malicious and untruthful claim of [complainants], the legal services of defendant Atty. LEONIDO DELANTE was never solicited by them. Plaintiffs only asked defendant from where they could borrow money, and after knowing that they just simply would like to borrow money without any concrete investments in mind to repay back [sic] any loan, defendant Atty. LEONIDO DELANTE drove them out of his office and told them to look for another person to help them;
Defendant Atty. LEONIDO DELANTE later learned from MACARIO CAPUL x x x that the plaintiffs had negotiated a sale with a certain NAVARRO EUSTAQUIO.[19](Emphasis supplied)
This will inform you that the Heirs of Angalan Samal have already redeemed their property through me from Mr. Navarro Eustaquio since September, 1978. In my capacity as counsel of the Heirs of Angalan Samal and owner of the money in redeeming the property, I have authorized Mr. Macario Capol to take over the possession of the property together with the harvesting of the matured coconuts.[20]These clearly show that complainants engaged the services of respondent.
[I]n September 1977, a former Filipino client of herein respondent, who, and his family [sic] are now permanent residents of New York, was looking for a real property to build his retirement home, and he approached herein respondent, in which [sic] he was referred to Navarro Eustaquio; and upon visiting the property of Navarro Eustaquio, he was impressed of [sic] the location of the property and decided to buy the same, hence left the money to herein respondent and to buy [sic] said property under respondent's name, with the understanding to turn over said property to him, as soon as he and his family shall have returned to the country;The Court is not impressed. Complainants repurchased the property from the Spouses Eustaquio. This is obvious. First, complainants and the Spouses Eustaquio entered into an amicable settlement stating that complainants would repurchase the property from the Spouses Eustaquio:
x x x [S]ince herein respondent was not interested over the said property as his own, he waited for his client from New York to come home and to get his property but after 11 years, his client decided not to come back anymore to the Philippines, and directed herein respondent to register the Deed of Sale over the property under his name and directed herein respondent to refund his client.[21]
Second, in his letter to the barrio captain, respondent stated that complainants repurchased the property from the Spouses Eustaquio:
- x x x [T]he plaintiffs have offered to the defendant[s] the sum of P30,000.00 as repurchase price which the defendant[s accept];
- x x x [U]pon the signing hereof, the plaintiffs shall pay the defendant[s] the sum of P15,000.00 and for this purpose hereby authorize the defendants to collect the same from the Clerk of Court which amount had been deposited with this Honorable Court; Likewise, upon signing hereof the Deed of Reconveyance shall be immediately executed and delivered by the defendants to plaintiff[s];
- x x x [W]hile the balance of P15,000.00 has not been paid, the defendant[s] shall continue to possess, and if necessary to gather the produce of the property, however, upon receipt of the defendant[s] of the balance of P15,000.00, said defendants together with [their] agent and/or worker, Alfredo Rabadon shall clear the area and turnover the same within fifteen (15) days from receipt [of] said balance.[22] (Emphasis supplied)
This will inform you that the Heirs of Angalan Samal have already redeemed their property through me from Mr. Navarro Eustaquio since September, 1978. In my capacity as counsel of the Heirs of Angalan Samal and owner of the money in redeeming the property, I have authorized Mr. Macario Capol to take over the possession of the property together with the harvesting of the matured coconuts.[23](Emphasis supplied)These clearly show that complainants repurchased the property from the Spouses Eustaquio.
Considering the depravity of respondent's offense, we find the penalty recommended by the IBP too light. It bears reiterating that a lawyer who takes advantage of his client's financial plight to acquire the latter's properties for his own benefit is destructive of the confidence of the public in the fidelity, honesty, and integrity of the legal profession. Thus, for violation of Canon 16 and Canon 17 of the Code of Professional Responsibility, which constitutes gross misconduct, and consistent with the need to maintain the high standards of the Bar and thus preserve the faith of the public in the legal profession, respondent deserves the ultimate penalty, that of expulsion from the esteemed brotherhood of lawyers.[27]A person who takes the 8.102-hectare property of his illiterate clients and who is incapable of telling the truth is unfit to be a lawyer.