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Catu Vs Rellosa Digest

Wilfredo Catu filed an administrative complaint against respondent Rellosa, a punong barangay and lawyer, for impropriety. As punong barangay, Rellosa presided over a conciliation between Catu and defendants regarding possession of a property unit. When the parties did not settle, Rellosa issued a certification allowing the case to proceed to court. However, Rellosa then entered an appearance as the defense counsel. The Supreme Court found Rellosa guilty of professional misconduct for violating his oath as a lawyer and Canons of ethics regarding conflicts of interest. Rellosa was suspended from practice for six months.
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0% found this document useful (0 votes)
306 views1 page

Catu Vs Rellosa Digest

Wilfredo Catu filed an administrative complaint against respondent Rellosa, a punong barangay and lawyer, for impropriety. As punong barangay, Rellosa presided over a conciliation between Catu and defendants regarding possession of a property unit. When the parties did not settle, Rellosa issued a certification allowing the case to proceed to court. However, Rellosa then entered an appearance as the defense counsel. The Supreme Court found Rellosa guilty of professional misconduct for violating his oath as a lawyer and Canons of ethics regarding conflicts of interest. Rellosa was suspended from practice for six months.
Copyright
© Attribution Non-Commercial (BY-NC)
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Catu vs. Rellosa [A.C. No. 5738. February 19, 2008] 16AUG Ponente: CORONA, J.

FACTS: Complainant Wilfredo M. Catu is a co-owner of a lot and the building erected thereon located in Manila. His mother and brother contested the possession of Elizabeth C. Diaz-Catu and Antonio Pastor of one of the units in the building. The latter ignored demands for them to vacate the premises. Thus, a complaint was initiated against them in the Lupong Tagapamayapa of Barangay. Respondent, as punong barangay, summoned the parties to conciliation meetings. When the parties failed to arrive at an amicable settlement, respondent issued a certification for the filing of the appropriate action in court.Respondent entered his appearance as counsel for the defendants in the (subsequent ejectment) case. Complainant filed the instant administrative complaint, claiming that respondent committed an act of impropriety as a lawyer and as a public officer when he stood as counsel for the defendants despite the fact that he presided over the conciliation proceedings between the litigants as punong barangay. ISSUE: Whether or not Atty. Rellosa violated the Code of Professional Responsibility. HELD: YES. Respondent suspended for six (6) months. RATIO: [R]espondent was found guilty of professional misconduct for violating his oath as a lawyer and Canons 1 and 7 and Rule 1.01 of the Code of Professional Responsibility. A civil service officer or employee whose responsibilities do not require his time to be fully at the disposal of the government can engage in the private practice of law only with the written permission of the head of the department concerned in accordance with Section 12, Rule XVIII of the Revised Civil Service Rules. Respondent was strongly advised to look up and take to heart the meaning of the word delicadeza.

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