SPS. DONATO VS. ATTY. ISAIAH B. ASUNCION, SR.

Monday, October 21, 2013
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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