X then he caused the ancestral house of the

  • No School
  • AA 1
  • 26

This preview shows page 12 - 15 out of 26 pages.

x. Then he caused the ancestral house of the complainants to be demolished and sold the lot to Tion Suy Ong using another false board resolution. xi. Balicanta never made any accounting of all these transactions and most of them are not within the knowledge of the complainants. xii. When they found out about it, they demanded that Balicanta return the real properties and account for the transactions. xiii. For failure to do any of these, they terminated the services of Balicanta. xiv. Despite his denials, the IBP Commissioner recommended the disbarment of Balicanta for violation of Rule 1.01 and Canons 15-16 of the Code of Professional Responsibility for employing unlawful, dishonest and immoral acts in the exercise of his profession, for not observing candor, fairness and loyalty for his dealings with clients, and for not holding in trust the properties of his clients coming into his possession.
Image of page 12

Subscribe to view the full document.

xv. The IBP Board of Governors, for their part, imposed a 5-year suspension on him. Issue: The penalty to be imposed to Balicanta Ruling: i. The Court supports the findings of the IBP Board that Balicanta committed condemnable deceit, in dealing with his client. ii. He committed grave misconduct that casts dishonor to the legal profession. He used his knowledge of the law for his personal gains by using the properties of his client for his own benefit. iii. He’s bereft of good moral character that is a requirement in the legal profession. This is a requirement because a lawyer holds vast interests and properties of his client, entrusted to him due to an unbounded trust and confidence given by the client. iv. He failed to do his duty to account for all the moeny and property collected or received from the client. v. The veil of corporate identity must be pierced and Balicanta, who committed fraud, must be held personally liable to the third parties who contracted with him in good faith. vi. The severe penalty of disbarment is imposed upon him for the gravity of his offenses.
Image of page 13
9. Narag v Narag Facts : i. Julieta Narag filed an administrative case for disbarment against Atty. Dominador Narag, her husband, for having an illicit relationship with his former student and for abandoning his family. ii. After the SC referred the case to the IBP for investigation, CJ Marcelo Fernan received a letter seeking the dismissal of the admin complaint, saying she had filed it only because of confusion due to extreme jealousy iii. But the following month, she, again, filed a complaint with her 7 children as co-signatories, seeking for Atty. Narag’s disbarment. iv. Atty. Narag denied all the allegations of his wife, stressing that she’s just too jealous and all her accusations are a product of jealousy. He presented evidence to impeach the credibility of his wife but he did not testify in the witness stand, nor presented his alleged paramour.
Image of page 14

Subscribe to view the full document.

Image of page 15
  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes