FACTS:
The complainant Spouses and
respondent Atty. executed a Contract to Sell wherein the latter conveyed to the
former his parcel of land in the amount of P187,500.00 payable by installments.
After the last payment of the installment, the parties executed a Deed of
Absolute Sale. Respondent prepared the document and made it appear that the
consideration is only P50,000.00 in order to reduce the amount of corresponding
capital gain tax. More than two years later, NAPOCOR filed with the RTC an
action for eminent domain for the expropriation of the lot purchased by complainants
and NAPOCOR was willing to pay P3,000,000.00. Respondent then offered his legal
services and demanded 12%. When respondent learned that complainants intended
to hire another lawyer, he threatened them by filing for the reformation of
instrument. Thus, the action of the respondent has dragged the Spouses to
useless and expensive litigation, which is contrary to law and morality and
warrants disbarment.
ISSUE: Whether or not respondent committed gross
misconduct/guilty of gross misconduct.
HELD:
YES. We find respondent guilty of gross
misconduct.
A lawyer may be suspended or
disbarred for any misconduct showing any fault or deficiency in his moral
character, honesty, probity or good demeanor as stated Section 27, Rule 138 of
the Revised Rules of Court. The concept of gross misconduct is any inexcusable,
shameful or flagrant unlawful conduct on the part of a person concerned in the
administration of justice which is prejudicial to the rights of the parties or
to the right determination of the cause. Such conduct is generally
motivated by a premeditated, obstinate or intentional purpose. The
term, however, does not necessarily imply corruption or criminal intent.
In committing such gross
misconduct, respondent violated his solemn oath as a lawyer By filing the unfounded complaint for
reformation of instrument to obtain financial gain, respondent did not only
abuse and misuse the judicial processes, but likewise harassed the complainants
and forced them to litigate unnecessarily. Indeed, his act was
intended to advance his own interest at the expense of truth and the
administration of justice, a manifestation of flaw in his character as a
lawyer.
Any gross misconduct of a lawyer
in his profession or private capacity is a ground for the imposition of the
penalty of suspension or disbarment because good character is an
essential qualification for the admission to the practice of law and for the
continuance of such privilege.
Respondent is SUSPENDED from the
practice of law for 6 months.
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