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BELLEZA Vs ATTY. MACASA

Legal ethics

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niel paulo capicenio
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13 views

BELLEZA Vs ATTY. MACASA

Legal ethics

Uploaded by

niel paulo capicenio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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BELLEZA vs ATTY.

ALLAN MACASA

Facts:

Disbarment Complaint: Filed by Dolores C. Belleza against Atty. Alan S. Macasa for unprofessional and unethical conduct.

Belleza sought Macasa's legal services for her son, Francis John Belleza, arrested for violating Republic Act (RA) 9165.
Macasa agreed to handle the case for a fee of P30,000. Belleza made partial payments through their mutual friend, Joe
Chua, but Macasa did not issue any receipts.

Belleza gave Macasa P18,000 to post a bond for her son's provisional liberty, but Macasa did not remit the amount to
the court. Despite repeated demands, Macasa failed to return the money and did not act on the case, forcing Belleza to
seek help from the Public Attorney's Office.

Belleza filed a verified complaint for disbarment with the Integrated Bar of the Philippines (IBP) Negros Occidental
chapter, supported by Chua's affidavit. The IBP's Commission on Bar Discipline (CBD) required Macasa to answer the
complaint, but he repeatedly sought extensions and ultimately did not respond.

The CBD found Macasa guilty of violating several rules of the Code of Professional Responsibility and recommended a
six-month suspension and the return of the P18,000 and P30,000 to Belleza. The IBP Board of Governors modified the
recommendation, ordering the return of only the P30,000 attorney's fees.

Issue:

Did Atty. Alan S. Macasa engage in unprofessional and unethical conduct by neglecting his client's case and
misappropriating funds?

Should Atty. Alan S. Macasa be disbarred for his actions?

Ruling:

Yes, Atty. Alan S. Macasa engaged in unprofessional and unethical conduct.

Yes, Atty. Alan S. Macasa should be disbarred.

Ratio:

The Supreme Court affirmed the findings of the CBD and the IBP Board of Governors but modified the recommendation
regarding Macasa's liability. The Court found that Macasa disrespected legal processes by ignoring multiple directives to
answer the complaint and submit position papers, violating Rule 12.03 of the Code of Professional Responsibility.

Macasa grossly neglected his client's case, violating Canons 17, 18, and 19, and Rules 18.03 and 19.01, by failing to
provide effective legal assistance and abandoning his client's cause. He also failed to return the P18,000 intended for the
bond and the P30,000 attorney's fees, violating Rules 16.01 and 16.02.

The Court emphasized that Macasa's actions showed a lack of moral principles and were unbecoming of a lawyer, thus
warranting disbarment. The Court ordered Macasa to return the amounts of P30,000 and P18,000 with interest and
submit proof of payment, warning that failure to comply would result in criminal prosecution.

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