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    Sioson vs. Apoya JR

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    Sioson vs. Apoya JR

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    kristian datinguinoo
    94 views2 pages

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    94 views2 pages

    Sioson vs. Apoya JR

    Uploaded by

    kristian datinguinoo

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    MARTIN J. SIOSON vs. ATTY. DIONISIO B. APOYA, JR.

    AC No. 12044, 23 July 2018

    CAGUIOA, J

    Facts:

    Martin Sioson engaged the services of Atty. Apoya, Jr. in handling the former’s complaint for
    Qualified Theft. Atty. Apoya, Jr. required the payment of acceptance fee, appearance fee, and
    success fee to which Sioson immediately complied.

    Sioson requested for an update on the status of the case several times. Atty. Apoya, Jr.
    consistently replied that Sioson should wait for the order of the DOJ notifying the latter of the
    Notice of Entry of Appearance he had filed. Atty. Apoya, Jr. thereafter continued to ignore his
    messages.

    When Sioson went to the DOJ to personally follow up his case, he discovered that Atty. Apoya,
    Jr. never filed an Entry of Appearance. Sioson continued to demand Atty. Apoya, Jr. the return
    of the P10 000 he paid but the latter refused to answer any of his letters or calls prompting him to
    file a disbarment case against Atty. Apoya, Jr.

    In his defense, he alleged that there is no attorney-client relationship between them because he
    never met Sioson. Consequently, he filed a complaint for grave threats and grave coercion
    against Sioson. The IBP Board of Governors suspended Atty. Apoya, Jr from the practice of law.
    Atty, Apoya, Jr. filed for reconsideration but was denied hence this petition.

    Issue:

    Whether or not Atty. Apoya, Jr. should be suspended from the practice of law.

    Ruling: Yes.

    The Court agrees with the IBP Board of Governors that Atty. Apoya, Jr.'s refusal to return
    Sioson's money upon demand and his failure to respond to Sioson's calls, text messages and
    letters asking for a status update on the case filed before the DOJ reveal Atty. Apoya, Jr.'s failure
    to live up to his duties as a lawyer in consonance with the strictures of his oath and the Code of
    Professional Responsibility.

    The acts committed by Atty. Apoya, Jr. thus fall squarely within the prohibition of Rule 1.01 of
    Canon 1, Rule 16.01 of Canon 16, and Rule 18.03 and Rule 18.04 of Canon 18 of the Code of
    Professional Responsibility (CPR), which provides:

    CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF


    THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.
    Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

    Canon 1 clearly mandates the obedience of every lawyer to laws and legal processes. A lawyer,
    to the best of his ability, is expected to respect and abide by the law, and thus, avoid any act or
    omission that is contrary to the same. A lawyer's personal deference to the law not only speaks of
    his character but it also inspires the public to likewise respect and obey the law. Rule 1.01, on the
    other hand, states the norm of conduct to be observed by all lawyers. Any act or omission that is
    contrary to, or prohibited or unauthorized by, or in defiance of, disobedient to, or disregards the
    law is unlawful. To this end, nothing should be done by any member of the legal fraternity which
    might tend to lessen in any degree the confidence of the public in the fidelity, honesty and
    integrity of the profession.

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