Lawyer Suspended Five Years for Dishonest Land Deal and Disregard of Court Orders

The Supreme Court has suspended a lawyer from the practice of law for five years for deceiving a property seller and for repeatedly ignoring lawful orders from the Court and the Integrated Bar of the Philippines (IBP). The case, Deveza v. Del Prado (A.C. No. 9574, June 21, 2016), serves as a reminder that lawyers are held to a high standard of honesty and integrity—not only in their professional dealings but also in their private transactions.

The Facts of the Case

In February 2003, Atty. Alexander M. Del Prado bought a lot in Caloocan City from complainant Myrna M. Deveza for P1,500.00 per square meter, payable on installment. The parties executed a Contract to Sell, but Atty. Del Prado took all copies, saying he would have the document notarized. He never gave the seller a copy.

When Del Prado defaulted, leaving a balance of P565,950.00, the seller sent a demand letter. Del Prado then arranged a meeting at a Jollibee branch, asking the seller to bring the title to the property. During the meeting, he presented a completely filled-up Deed of Absolute Sale and asked the seller and her son to sign it, promising to pay the balance after notarization. He gave them only P5,000.00 and tried to take the title, but the seller managed to grab it back.

Del Prado never paid the balance. Worse, he later used the deed—which the seller signed based on his false promise—as evidence in the civil case she filed against him for rescission of contract.

The Proceedings Below

When the complainant filed a disbarment complaint, the Supreme Court required Del Prado to comment. He failed to do so. The case was referred to the IBP for investigation, but Del Prado did not attend the mandatory conference despite due notice. He also ignored orders to submit position papers.

The IBP-Commission on Bar Discipline recommended a two-year suspension. The IBP Board of Governors adopted the recommendation but modified the penalty to five years. The Supreme Court agreed with the IBP.

The Ruling: A Lawyer's Duty to Uphold Integrity

The Court emphasized that the practice of law is a privilege granted only to those who continue to possess the legal qualifications for it. Lawyers are expected to maintain not only legal proficiency but also a high standard of morality, honesty, integrity, and fair dealing. The Court will not hesitate to discipline a lawyer for conduct lacking in these qualities, whether committed in a professional or private capacity.

The Court found that Del Prado violated Rule 1.01 of Canon 1 of the Code of Professional Responsibility, which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct, and Canon 7, which requires lawyers to uphold the integrity and dignity of the legal profession.

Del Prado deceived the seller into signing the deed of sale by making her believe he would pay the full balance after notarization. He then reneged on his promise despite repeated demands. This conduct fell short of the standard required of every lawyer.

The Court also noted Del Prado's wanton disregard of the lawful orders of the Court and the IBP. His continued defiance was described as a deliberate and contemptuous affront to the Court's authority that cannot be tolerated. As an officer of the court, a lawyer is duty-bound to obey and respect court processes.

The Penalty

The Court suspended Atty. Del Prado from the practice of law for five years, effective upon receipt of the decision, with a warning that a repetition of the same or similar acts would be dealt with more severely. Copies of the decision were furnished to all courts and the IBP, and a copy was appended to Del Prado's personal record in the Office of the Bar Confidant.

Practical Takeaways

• Lawyers are judged in their private dealings too. A lawyer's conduct in personal transactions, such as buying property, must meet the same standards of honesty and integrity required in professional practice.
• Deceit in any form is a disciplinary offense. Making someone sign a document based on a false promise is dishonest conduct that violates the Code of Professional Responsibility.
• Ignoring court and IBP orders makes things worse. A lawyer who fails to answer complaints, attend conferences, or submit pleadings shows disrespect for the legal process and invites a heavier penalty.
• The IBP's recommendation is not final. The Supreme Court may adopt, modify, or increase the IBP's recommended penalty, as it did here by affirming the five-year suspension.
• A lawyer's privilege can be revoked. The practice of law is a privilege, not a right, and the Court will not hesitate to discipline those who betray the public's trust.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.