AC 12881; (February, 2021) (Digest)
G.R. No. A.C. No. 12881, February 9, 2021
Norma Nicolas, Complainant, vs. Atty. Jose Laki, Respondent.
FACTS
Complainant Norma Nicolas sought the legal services of respondent Atty. Jose Laki in November 2005 to handle the nullity of marriage case of her brother, Joseph Darag. Atty. Laki, referred by complainant’s original counsel Atty. Adoracion Umipig, represented that he would file the case in Balanga, Bataan and complete it within three months for a fee of P130,000.00. Complainant paid an initial P95,000.00 in cash in the presence of Atty. Umipig and later deposited P20,000.00 to the bank account of Atty. Laki’s mother. Atty. Laki repeatedly assured complainant that the case was progressing, citing excuses such as the judge being on leave and later claiming the sheriff was serving copies of the decision. In November 2006, complainant discovered no case had ever been filed in Balanga, Bataan. Demands for the return of the money were ignored by Atty. Laki. During the IBP proceedings, Atty. Laki failed to file an answer, submit a position paper, or attend hearings despite being granted extensions and opportunities.
ISSUE
Whether Atty. Jose Laki should be disbarred for violating the Code of Professional Responsibility through deceit, misappropriation of client funds, failure to render legal services, and disregard of IBP directives.
RULING
The Supreme Court DISBARRED Atty. Jose Laki. The Court found him guilty of violating Canon 1, Rule 1.01 (unlawful, dishonest, or deceitful conduct); Canon 11, Rule 11.04 (attributing unsupported motives to a judge); and Canon 16, Rules 16.01 and 16.03 (failure to account for and deliver client funds). His actions mirrored his previous disbarment in Kenneth R. Mariano v. Atty. Jose N. Laki (A.C. No. 11978), where he similarly accepted fees without filing a case and ignored IBP proceedings. The Court emphasized that his pattern of misconduct, including making false representations about case progress and judges, misappropriating client money, and showing disrespect to the IBP through non-compliance, warranted the ultimate penalty of disbarment to protect the public and the integrity of the legal profession. The IBP’s recommendation of disbarment was adopted, and the fine of P20,000.00 for failure to comply with IBP orders was imposed.