AC 13995; (April, 2024) (Digest)
G.R. No. A.C. No. 13995, April 03, 2024
Jhycke G. Palma, Complainant, vs. Atty. Ladimir Ian G. Maduramente, Respondent.
FACTS
Complainant Jhycke G. Palma, the elected President of The Great Warrior homeowner’s association, engaged the legal services of respondent Atty. Ladimir Ian G. Maduramente for several cases. In Civil Case No. 6502-3 before the MTCC of General Santos City, Maduramente failed to file an Answer on time, failed to appear at the pre-trial conference, and failed to file a pre-trial brief, leading the court to declare Palma’s group in default and eventually rule against them. Maduramente’s subsequent motion for reconsideration was denied, and his notice of appeal was filed out of time. In a separate case, Civil Case No. 8506 before the RTC of General Santos City, Maduramente represented both the plaintiffs and Palma’s group (who intervened), asserting conflicting claims of ownership over the same property. The Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) found Maduramente administratively liable for negligence and conflict of interest, initially recommending a 10-year suspension. The IBP Board of Governors affirmed the liability but, noting Maduramente had already been previously disbarred, modified the penalty to a fine of PHP 100,000.00.
ISSUE
Whether Atty. Ladimir Ian G. Maduramente should be found administratively liable for negligence and conflict of interest in his representation of the complainant.
RULING
Yes, the Court adopted the recommendation of the IBP Board of Governors. The Court found Maduramente liable for violating his duties of fidelity, competence, and diligence, and for representing conflicting interests. Applying the Code of Professional Responsibility and Accountability (CPRA), the Court held that his failure to act diligently and punctually in Civil Case No. 6502-3, resulting in his client being declared in default, constituted a breach of Canon IV, Sections 3 and 4. His simultaneous representation of opposing parties claiming ownership over the same property in Civil Case No. 8506 violated Canon III, Section 13 on conflict of interest. Considering Maduramente had already been disbarred in a prior case, the Court imposed a fine of PHP 100,000.00.