Title
Bengco vs. Bernardo
Case Decision Date
A.C. No. 6368 Jun 13, 2012
A lawyer is suspended for one year and ordered to return a sum of
money to complainants after being found guilty of deceit, violation of
attorney's oath, and the Code of Professional Responsibility.
Case Digest (A.C. No. 6368)
Comprehensive
Facts:
The case of "Bengco v. Bernardo" involves a disbarment complaint !led by
Fidela G. Bengco and Teresita N. Bengco against Atty. Pablo S. Bernardo. The
complaint alleges that between April 15, 1997, and July 22, 1997, Atty.
Bernardo, in collusion with Andres Magat, committed fraudulent acts by
falsely promising to expedite the titling of land belonging to the Miranda
family in Tagaytay City. The complainants were convinced to advance
P495,000.00 for this purpose. Atty. Bernardo misrepresented himself as the
lawyer of William Gatchalian, a prospective buyer, and claimed to have
contacts in various government agencies. Instead of ful!lling his promise,
Atty. Bernardo misappropriated the money. Despite demands, he failed to
return the amount. The Third Municipal Circuit Trial Court of Sto. Tomas and
Minalin, Pampanga, and the O"ce of the Provincial Prosecutor of San
Fernando, Pampanga, found probable cause to charge Atty. Bernardo and
Magat with Estafa under Article 315, par. 2 (a) of the Revised Penal Code. Atty.
Bernardo denied the allegations, claiming that Magat was the primary contact
and recipient of the money. The case was referred to the Integrated Bar of the
Philippines (IBP) for investigation. The IBP found that Atty. Bernardo
committed deceit and recommended a two-year suspension. The IBP Board
of Governors modi!ed this to a one-year suspension and ordered the
restitution of P200,000.00. Atty. Bernardo !led a motion for reconsideration,
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arguing prescription and denial of due process, among other points. The RTC
later convicted Atty. Bernardo and Magat of Estafa, sentencing them to
imprisonment. The Supreme Court adopted the IBP's !ndings and ordered
Atty. Bernardo's suspension and restitution of the amount.
Issue:
1. Did Atty. Pablo S. Bernardo commit deceit, malpractice, and conduct
unbecoming of a member of the Bar?
2. Is the defense of prescription applicable in this case?
3. Was Atty. Bernardo denied due process during the IBP proceedings?
Ruling:
1. Yes, Atty. Pablo S. Bernardo was found guilty of deceit, malpractice, and
conduct unbecoming of a member of the Bar.
2. No, the defense of prescription is not applicable in this case.
3. No, Atty. Bernardo was not denied due process during the IBP
proceedings.
Ratio:
The Supreme Court found that Atty. Pablo S. Bernardo committed acts of
deceit and malpractice by misrepresenting his ability to expedite the titling of
land and misappropriating the money advanced by the complainants. The
Court emphasized that lawyers are expected to maintain high standards of
morality, honesty, and integrity. The defense of prescription was deemed
untenable as administrative cases against lawyers do not prescribe. The
Court also noted that Atty. Bernardo's failure to !le an answer and appear
during the mandatory conference showed a deliberate disregard for court
processes. The Court highlighted that the practice of law is a profession
dedicated to public service, not a business venture. The criminal conviction
of Atty. Bernardo for Estafa further undermined his moral !tness to be a
member of the Bar. The Court ordered Atty. Bernardo's suspension from the
practice of law for one year and the restitution of P200,000.00 to the
complainants, with a stern warning of additional suspension if he failed to
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comply.
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