AC 13628; (May, 2024) (Digest)
G.R. No. A.C. No. 13628, May 28, 2024
Helen A. Paez, Petitioner, vs. Atty. Alfonso D. Debuque, Respondent.
FACTS
Petitioner Helen A. Paez, while incarcerated, agreed to sell her 800-square-meter lot to respondent Atty. Alfonso D. Debuque. The agreement included that Atty. Debuque would pay off Paez’s PHP 300,000.00 mortgage loan with the Rural Bank of Dumangas. Three deeds of sale were executed: a “Deed of Absolute Sale with Assignment of Mortgage” stating a PHP 500,000.00 consideration (PHP 300,000.00 to the bank, PHP 200,000.00 to Paez); a “Deed of Absolute Sale” stating a PHP 300,000.00 consideration payable to Paez; and a later “Deed of Absolute Sale” with only Paez’s signature, mirroring the terms of the second deed. Paez, through her attorney-in-fact sister Raylene Paez-Rezano, claimed Atty. Debuque failed to pay the full purchase price. Upon her release, Paez discovered the first deed and confronted Atty. Debuque, who denied its existence. Atty. Debuque presented conflicting claims in his pleadings: in one Answer, he claimed partial payment of PHP 250,000.00; in another, complete payment of PHP 300,000.00 by installment; and in a Position Paper, payment of PHP 171,430.00 of a PHP 200,000.00 balance.
ISSUE
Whether Atty. Alfonso D. Debuque violated the Code of Professional Responsibility and Accountability (CPRA) and the Lawyer’s Oath.
RULING
Yes, Atty. Debuque is liable for violating the CPRA. The Court applied the CPRA to the pending case. Atty. Debuque’s actions violated Canon II, Sections 1, 2, 5, and 11 of the CPRA. His fabrication and presentation of deeds of sale with differing purchase prices, his contradictory statements regarding payment, and his denial of the deeds’ existence constituted unlawful, dishonest, and deceitful conduct. He failed to act with fairness, candor, and obedience to the law, and made false representations. The Court found he took advantage of Paez’s incarceration. Considering the guidelines for serious offenses, his acts involved dishonesty and false representations causing material damage. The penalty recommended by the IBP Board of Governors was modified. Atty. Debuque was suspended from the practice of law for two (2) years, with a stern warning that a repetition would be dealt with more severely.