Intestate Estate of Jose Uy Vs Maghari 2015

Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

Intestate Estate of Jose Uy v.

Maghari III
September 1, 2015
A.C. No. 10525
Leonen, J.

FACTS:

• Mr. Wilson Uy, complainant, is the designated administrator of the estate of


Jose Uy.
• He filed a disbarment complaint against the respondent, Atty. Pacifico M.
Maghari, III for the use of information that is false and/or appropriated from
other lawyers in signing certain pleadings.
• The respondent served as the counsel of Magdalena Uy who was alleged to
have been the treasurer of several businesses owned by Jose Uy.
• During the process of filing several motions, Wilson Uy's counsel noticed that
Maghari had been changing the professional details indicated in the pleadings
he has signed and has been copying the professional details of Atty. Natu-El.
• On July 31, 2014, Wilson Uy filed before the court the present Complaint for
disbarment. Respondent did not deny the existence of the errant entries
indicated by complainant but insisted that he did not incur disciplinary
liability, entries were mere overlooked errors. Maghari also resorted to
avowals, protestations, and ad hominem attacks against the complainant.

ISSUE:

W/N Atty. Pacifico M. Maghari III engaged in unethical/deceitful conduct and


violated the Lawyer’s Oath? YES

RULING:

• Atty. Pacifico M. Maghari III, was SUSPENDED for two (2) years for violating
his Lawyer’s Oath and the Canons of the Code of Professional Responsibility
through his unlawful, dishonest, and deceitful conduct.
• Rule 138, Section 27 of the Rules of Court provides for deceit as a ground for
disbarment.
• The Lawyer’s Oath entails commitment to obeying laws and legal orders,
doing no falsehood, conducting oneself as a lawyer to the best of one’s
capacity, and acting with fidelity to both court and client.
• Respondent appropriated four of the five details (i.e., IBP official receipt
number, professional tax receipt number, Roll of Attorneys number, and
MCLE compliance number) that Atty. Natu-el indicated in the Comment dated
May 27, 2009.
• Maghari also used Atty. Natu-el’s Roll of Attorneys number signing the Motion
for Reconsideration dated July 15, 2011.
• The combination of the following merited the sanctions against the
respondent:
o (1) respondent’s many violations.
o (2) the sheer multiplicity of rules violated.
o (3) the frequency — pattern — of falsity and deceit; and
o (4) his manifest intent to bring courts, legal processes, and
professional standards to disrepute

You might also like