20/07/2022
Disbarment Case:
Rosalie P. Domingo vs. Atty. Jorge C. Sacdalan
A.C. No. 12475, March 26, 2019
COMPLAINANT: Rosalie P. Domingo
RESPONDENT: Atty. Jorge C. Sacdalan
FACTS:
Rosalie Domingo alleged that she engaged the services of Atty. Jorge Sacdalan to recover possession of a parcel of land from illegal settlers. The subject land is co-owned by Rosalie Domingo with her sister, and is located at Binangonan, Rizal. According to Domingo, she gave Atty. Sacdalan an acceptance fee of P75,000.00, wherein P50,000.00 was paid on June 10, 2016; while the remaining P25,000.00 was paid on June 27, 2016. She further claimed that on July 12, 2016, she gave Atty. Sacdalan another P50,000.00 as deposit to cover the expenses related to the expected litigation. After barangay conciliation proceedings failed, Domingo instructed Atty. Sacdalan to file the appropriate case in court.
On August 16, 2016, Atty. Sacdalan sent an e-mail to Domingo seeking to borrow another P200,000.00 in the form of a cash advance, which would allegedly be charged against his appearance fees and other fees. He claimed that he was borrowing money for his wife's hospitalization. Domingo agreed to respondent's request for cash advance and gave him P100,000.00 out of compassion.
However, Atty. Sacdalan did not give any updates to Domingo regarding the case filed. Thus, she inquired directly with the MTC on the status of her case. To her surprise, she was informed that there was no such complaint for ejectment filed with the MTC. Consequently, Domingo confronted Atty. Sacdalan about the purported ejectment complaint. The latter explained that the non-filing of the complaint was due to the mistake of his office staff and assured her that the complaint would be filed.
As Rosalie Domingo was disappointed with Atty. Sacdalan's services, she issued an e-mail on October 20, 2016, cancelling their legal contract and demanding the return of the P50,000.00 deposit and P100,000.00 cash advance. On the other hand, Atty. Luis Martin V. Tan was hired by Domingo to contact Atty. Sacdalan. The latter committed to refund the P100,000.00 cash loan and P50,000.00 deposit by November 30, 2016 but Atty. Sacdalan broke his promise.
ISSUE:
Whether or not respondent should be disbarred.
RULING:
Yes. Attorney Jorge C. Sacdalan confessed the forgery but blamed his messenger for the offense. Attorney Sacdalan violated Rule 1.01 of the Code of Professional Responsibility by giving a forged receiving copy of the complaint to his client, so deceiving the latter into filing the case. As a lawyer, Atty. Sacdalan was prohibited from participating in illegal, dishonest, immoral, or deceptive behavior in all of his contacts with others, particularly with clients whom he was expected to serve with competence and diligence.
READ MORE AT: https://sc.judiciary.gov.ph/3595/
Source: Supreme Court of the Philippines. (2019, March 26). Rosalie P. Domingo Vs. Atty. Jorge C. Sacdalan. Supreme Court of the Philippines. https://sc.judiciary.gov.ph/3595/