G.R. No. L-40010, October 2, 1933
FELIX MELEGRITO, ET AL. vs. EUSEBIO C. BARBA

FACTS

Complainant Felix Melegrito, on behalf of himself and 230 others, charged respondent attorney Eusebio C. Barba with malpractice. The complainants, opponents in a land registration case that was finally decided against them by the Supreme Court, engaged Barba in February 1930 to appeal their cases to the U.S. Supreme Court for a fee of P6,500. Barba collected substantial sums from them (at least P4,228 supported by receipts), sailed to the United States in October 1930, and returned in March 1931. He did not file any appeal, as the decision of the Philippine Supreme Court had already become final and unappealable at the time of his engagement. Evidence showed Barba led the complainants to believe an appeal was possible and necessary his trip to Washington, while he later claimed the trip was for personal reasons.

ISSUE

Whether respondent attorney Eusebio C. Barba is guilty of malpractice and deceit warranting disciplinary action under the Code of Civil Procedure.

RULING

Yes. The Supreme Court found respondent guilty of malpractice and deceit. He collected fees for a purported appeal to the U.S. Supreme Court knowing the decision was final and unappealable, and he failed to perform the promised service. The Court suspended Barba from the practice of law for two years, effective immediately, and until he repays the complainants the sum of P4,228, with proof of payment to be filed in the case record.

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