AC 9114; (October, 2020) (Digest)
A.C. No. 9114, October 06, 2020
Jose R. Reyes, Jr., Complainant, vs. Atty. Socrates R. Rivera, Respondent.
FACTS
Complainant Jose R. Reyes, Jr. engaged Atty. Socrates R. Rivera in 2003 to handle a petition for declaration of nullity of marriage for a fee of P150,000.00. After receiving payments totaling P100,000.00, Atty. Rivera presented a signed petition bearing a stamp from the Office of the Clerk of Court of the Regional Trial Court (RTC) of Muntinlupa City, Branch 215. In 2004, he furnished complainant with a decision dated August 9, 2004, purportedly issued by Branch 206 of the same RTC, granting the petition. Complainant grew suspicious as he never attended any hearing and the case numbers and branches did not align.
Upon verification, complainant discovered that no such petition was ever filed in Branch 215, as the branch itself did not exist, and no corresponding case existed in Branch 206. Atty. Rivera, in his defense, claimed he was misled by his former driver regarding the filing and that he had attempted, through a common friend, to inform complainant the decision was spurious. He admitted receiving only P30,000.00 and offered to refund it and re-file the case.
ISSUE
Whether Atty. Socrates R. Rivera violated the Code of Professional Responsibility.
RULING
Yes, Atty. Rivera is guilty of gross misconduct warranting disbarment. The Supreme Court found he violated Rule 1.01, Canon 1 of the Code of Professional Responsibility, which prohibits lawyers from engaging in unlawful, dishonest, or deceitful conduct. His actions constituted a severe betrayal of his duties as an officer of the court. He deliberately deceived his client by fabricating a court petition with a non-existent branch stamp and by forging a court decision. This fraud was not only against his client but also an affront to the judiciary, undermining public confidence in the legal process.
The Court rejected his defenses as unsubstantiated and inconsistent. His failure to appear at IBP hearings further demonstrated disrespect for the disciplinary proceedings. The positive testimony of the complainant regarding the P100,000.00 payment was deemed credible over Atty. Rivera’s bare denial. The gravity of his deceit, which involved the simulation of official court documents and the exploitation of a client’s trust, left no alternative but the ultimate penalty. Accordingly, Atty. Socrates R. Rivera is DISBARRED, and his name is ordered stricken from the Roll of Attorneys. He is also ordered to return P100,000.00 to the complainant with legal interest.