G.R. No. A.C. No. 6288 ; June 16, 2006
MARILI C. RONQUILLO, ALEXANDER RONQUILLO and JON ALEXANDER RONQUILLO, represented by their Attorney-in-Fact SERVILLANO A. CABUNGCAL, Complainants, vs. ATTY. HOMOBONO T. CEZAR, Respondent.

FACTS

Complainants, through their attorney-in-fact, sought the disbarment or suspension of respondent Atty. Homobono T. Cezar for unlawful, dishonest, immoral, and deceitful conduct. The allegations stemmed from a transaction where respondent sold complainants a townhouse unit and lot located at 75 Granwood Villas Subd., BF Homes, Quezon City. In May 1999, the parties executed a Deed of Assignment wherein respondent, for a price of P1.5 million, transferred his rights and interests over the property to complainants. He obligated himself to deliver a copy of his Contract to Sell with the developer, Crown Asia, and upon full payment, to have Crown Asia execute a Deed of Absolute Sale in favor of complainants. Complainants paid respondent P750,000 upon execution and issued four postdated checks for the balance. Respondent encashed the first check for P187,500. Subsequently, complainants discovered from Crown Asia that respondent had not fully paid for the townhouse at the time of the assignment and that he failed to deliver the Contract to Sell. Complainant Marili Ronquillo therefore stopped payment on the second check. Through counsel, complainants demanded in March 2000 that respondent either work on the execution of the Deed of Absolute Sale or return the total amount paid (P937,500) with interest. Respondent replied in a May 2, 2000 letter, admitting he had yet to completely pay Crown Asia and requesting a 20-day period from May 15, 2000, to either pay Crown Asia fully or return the money. He failed to do either. A second demand letter in February 2002 was also unheeded, prompting the filing of this administrative case.

ISSUE

Whether respondent Atty. Homobono T. Cezar is guilty of unlawful, dishonest, immoral, or deceitful conduct in violation of Rule 1.01, Canon 1 of the Code of Professional Responsibility, warranting disciplinary action.

RULING

Yes, respondent is guilty of dishonest and deceitful conduct. The Supreme Court affirmed the findings and recommendation of the Integrated Bar of the Philippines (IBP). The IBP Investigating Commissioner found respondent guilty and recommended a three-year suspension, which the IBP Board of Governors approved.
The Court held that a lawyer may be disciplined for misconduct in either professional or private capacity if it shows a want of moral character, honesty, probity, and good demeanor. Respondent acted in his private capacity when he entered into the Deed of Assignment, representing he had transferable rights over the property. This was unlawful as he had no legal right of ownership, having not fully paid Crown Asia. He was dishonest and deceitful for concealing this lack of right and for accepting P937,500 knowing he was not entitled to it. His refusal to return the money, which came from complainant Marili Ronquillo’s ten years of labor as an Overseas Filipino Worker, was morally reprehensible. His May 2, 2000 letter constituted an admission of his failure to fully pay Crown Asia and his inability to fulfill his obligation. By his actions, respondent violated the high moral standards of the legal profession, breached the trust reposed in him as a lawyer and officer of the court, and failed to comply with Rule 1.01, Canon 1 of the Code of Professional Responsibility.
However, the Court clarified that disciplinary proceedings are solely to determine a lawyer’s fitness to remain in the Bar; it cannot adjudicate the monetary claim for the return of the P937,500.
DISPOSITIVE:
Respondent Atty. Homobono T. Cezar is SUSPENDED from the practice of law for a period of THREE (3) YEARS, effective immediately.