S06C03 - CI - Cerilla vs. Lezama

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Cerilla vs. Atty.

Lezama

Facts:
On Nov. 22, 2010, complainant Cerilla filed an administrative for gross misconduct
against respondent Atty. Lezama with the IBP. Complainant said that on the basis of SPA,
respondent entered into a compromise agreement to sell the subject property of the complainant
for P350,000 without the consent or special authority from her.
Cerilla contended that Atty. Lezama misrepresented in paragraph 2 of the Compromise
Agreement that she was willing to sell the subject property for P350,000. In addition, the
complainant prayed for the respondent’s suspension or disbarment.
In his answer, Atty. Lezama denied complainant’s allegation that he misrepresented in
the said compromise agreement. Further, Atty. Lezama stated that the payment for the property
in the amount of P350,000 was under the custody of the MTC of Sibulan.
The IBP recommended the suspension of the respondent from the practice of law
for 2 years.

Issue:
W/N the respondent violated Canons 15 and 17 of the CPR?
Ruling:
YES. The court affirmed the recommendation of the IBP Board of Governors.
CANON 15 – A lawyer shall observe candor, fairness and loyalty in all his dealing and
transactions with his client.
CANON 17 – A lawyer owes fidelity to the cause of his client and he shall be mindful of the
trust and confidence reposed in him.
Hence, rhe respondent was being suspended from the practice of law for 2 years.

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