LUZVIMINDA C. LIJAUCO v. ATTY. ROGELIO P. TERRADO

FACTS:

Luzviminda C. Lijauco filed an administrative complaint against Atty. Rogelio P. Terrado for gross misconduct, malpractice, and conduct unbecoming of an officer of the court. The complainant hired the services of the respondent to assist in recovering her deposit with Planters Development Bank and release her foreclosed property, for which she paid him P70,000.00. The property was the subject of a petition for the issuance of a writ of possession pending before the Regional Trial Court of Biñan, Laguna. The complainant accused the respondent of failing to appear before the trial court and protecting her interests in the Compromise Agreement she entered into. The respondent denied the allegations, claiming that the fee he received was solely for legal services related to the recovery of the deposit, and did not cover the pending case. The case was referred to the Integrated Bar of the Philippines (IBP) for investigation. The Investigating Commissioner found the respondent guilty of violating Rules 1.01 and 9.02 of the Code of Professional Responsibility. The Investigating Commissioner recommended a six-month suspension for the respondent, accompanied by a stern warning.

ISSUES:

  1. Whether respondent committed gross misconduct, malpractice, and conduct unbecoming of an officer of the court.

  2. Whether respondent violated Rules 1.01 and 9.02 of the Code of Professional Responsibility.

RULING:

  1. The respondent is found guilty of committing gross misconduct, malpractice, and conduct unbecoming of an officer of the court. He is also found to have violated Rules 1.01 and 9.02 of the Code of Professional Responsibility.

PRINCIPLES:

  • In disbarment proceedings, the burden of proof rests upon the complainant. The charge against the lawyer must be established by convincing proof.

  • A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.

  • A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except in certain specified circumstances.