EDUARDO, RAY BRADLEY B.
Legal Ethics – Sat. 6:00-9:00pm
LEGAL ETHICS CASE ANALYSIS
Who (parties) and what
(case no. / date)
Why and how
Complainant (all the
circumstances that
lead to file a case)
Respondent
(defenses)
What is the
recommendation of the
IBP-CBD?
What is the
recommendation of
- Hernando Petelo v. Atty. Socrates Rivera, A.C. No. 10408,
Oct. 16, 2019.
- This administrative complaint stemmed from the alleged
unauthorized filing by respondent Atty. Socrates Rivera
(Atty. Rivera) of a Complaint1 for Declaration of Nullity of
Real Estate Mortgage, Promissory Note, Certificate of
Sale and Foreclosure Proceedings.
- Fe Mojica Petelo, who was in the United States and the
complainant’s sister, appointed the complainant as
Attorney-in-Fact to enter into a Venture Agreement with
Red Dragon Builders Corporation for the construction of a
townhouse on the lot of Fe.
- The complainant averred that Jessie and Fatima
Manansalan, the owners of Red Dragon Corp., inveigled
him into surrendering to them the original copy of the title
of lot owned by Fe Petelo which they used as a collateral
for the Php 8,000,000.00 loan with World Partners Bank
without the knowledge of Fe Petelo and the complainant.
- The spouses allegedly imposed the name of a certain
Emmer b. Ramirez to make it appear that he was the AIF
and not Petelo. When the spouses failed to pay the
monthly amortization, the World Partners Bank auctioned
to the highest bidder the said lot.
- When he instructed his daughter to secure a Certified True
Copy of the title, he was surprised to see that the back of
the title was annotated, and that the respondent initiated
the civil complaint before the RTC on behalf of Fe and the
complainant without their knowledge.
- That a certain person representing himself to be Petelo
sought to engage in his legal services. In effect, he
admitted authorship of the complaint filed by him. Even
after being informed that it was not Hernendo Petelo, he
sees nothing wrong with such prayer before the court.
- The respondent informed that the court that the RTC of
Makati dismissed the case due to lack of jurisdiction.
Furthermore, the RTC of Makati found that the respondent
was not authorized by the real Hernendo Petelo.
- To schedule the case for mandatory conference/hearing
and required the respondent to file his Answer.
- To hold the respondent administratively liable.
- null
EDUARDO, RAY BRADLEY B.
Legal Ethics – Sat. 6:00-9:00pm
OCA?
Issues raised to the SC
Dispositive portion
(final decision)
What are the core
moral values that were
ignored?
What are the virtues
that are missing
What are the vices that
the respondent got
involved in?
What are the lessons
that I learned from this
case so that no case of
similar can be filed
against me in the
future?
- Whether or not the respondent should be reprimanded.
- The court finds that the respondent is negligent and had
violated Canons 1, 9, and 10 of the CPR.
- Thus, Atty. Rivera was hereby suspended from the
practice of law for 1 year.
- Love for truth; respect for one’s reputation.
- Competence
- Zealousness
- Conscientiousness
- Heedlessness
- Incompetence
- Being unaware of the facts.
- A lawyer should exert much effort in knowing the
personality of his clients, the validity of the cause, and the
facts of the case. He should never represent a client
without authority or consent of the parties.