G.R. No. A.C. No. 8219 (Formerly CBD Case No. 18-5708), August 29, 2023
Office of the Provincial Prosecutor of Cavite, Department of Justice, Complainant, vs. Atty. Leonuel N. Mas, Respondent.

FACTS

The Office of the Provincial Prosecutor of Cavite, through then Provincial Prosecutor Emmanuel Y. Velasco, filed a disbarment complaint against Atty. Leonuel N. Mas, an Assistant Provincial Prosecutor detailed to Cavite, for deceit, gross misconduct, dishonesty, and violation of his oaths as a lawyer and prosecutor. The complaint alleged that on March 19, 2009, Atty. Mas, while handling the preliminary investigation of an estafa case (I.S. No. IV-03-INV-09A-0419) filed by complainants Lauro Sarte and Anabelle Sarte Gaña, demanded and received PHP 58,000 from them and their aunt, Elvira Shibuya. He falsely represented this as a “docket fee,” despite the complainants having already paid the official docket fee of PHP 6,000. Atty. Mas assured them of a favorable and swift resolution, instructed them not to speak to anyone in the office, and staged a fake phone call to a cashier to haggle the amount. The money was handed to him in the Preliminary Investigation Room on March 20, 2009, without any receipt issued. Atty. Mas failed to file a comment on the complaint despite notices and could not be located by the National Bureau of Investigation. The Integrated Bar of the Philippines (IBP) found him liable for deceit, gross misconduct, and dishonesty, recommending disbarment if his prior disbarment (in A.C. No. 8010) were lifted. The IBP Board of Governors adopted the findings but modified the penalty to disbarment upon lifting of his previous disbarment.

ISSUE

Whether Atty. Leonuel N. Mas should be disbarred anew for his actions.

RULING

The Supreme Court found Atty. Mas guilty of violating his oath of office, the Lawyer’s Oath, and the Code of Professional Responsibility and Accountability, warranting disbarment. However, since he had already been previously disbarred in Stemmerik v. Mas (A.C. No. 8010), the penalty of disbarment could not be imposed again. The Court emphasized that while a second disbarment is procedurally impermissible, the findings of liability are recorded in his personal file with the Office of the Bar Confidant for consideration in any future petition for reinstatement. As a repeat offender, he is deemed ineligible for judicial clemency. The Court ordered Atty. Mas to return the PHP 58,000 to the complainants with 6% annual interest from receipt of the decision until full payment and to submit proof of payment within 10 days. Copies of the decision were directed to be circulated to all courts and appended to his bar record.