CHAMELYN A. AGOT v. ATTY. LUIS P. RIVERA

FACTS:

Complainant Chamelyn A. Agot filed a Complaint-Affidavit against respondent Atty. Luis P. Rivera, alleging that he violated the Code of Professional Responsibility (CPR) and the lawyer's oath. Complainant claimed that she hired respondent's services as an immigration lawyer to secure a US immigrant visa for her, as she was invited to be the maid of honor in her best friend's wedding in the United States. They entered into a Contract of Legal Services where complainant paid a downpayment of P350,000.00, with the understanding that the balance would be paid after the visa was issued. It was agreed that if the visa application was denied for reasons other than complainant's absence during the interview or any criminal conviction, the downpayment would be returned. However, respondent failed to secure the visa for complainant and did not refund the downpayment despite demands. Respondent, in his defense, claimed that he was deceived by a certain Rico Pineda, whom he believed to be a consul for the US Embassy, and that he transferred the complainant's money to him. The Integrated Bar of the Philippines (IBP) Investigating Commissioner found respondent administratively liable and recommended a four-month suspension. The IBP Board of Governors approved the recommendation but increased the suspension period to six months and ordered respondent to return the amount to complainant with legal interest. The issue to be resolved is whether or not respondent should be held administratively liable for violating the CPR.

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