Legal Ethics

Domiciano Villahermosa, Jr. vs Atty. Isidro Caracol

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A.C. No. 7325 – 751 Phil. 1 – Legal Ethics – Appearance of Counsel – Duty to Inform Death of Client

Efren Babela filed a petition for the cancellation of title against the wife of Domiciano Villahermosa, Jr. The DARAB issued a favorable decision. In 2002, Atty. Isidro Caracol entered his appearance as counsel for Efren and he moved for the execution of the favorable decision. In December 2005, Atty. Caracol filed a motion for demolition. Villahermosa questioned the second motion as he averred that it was already filed without authority because Efren died in July 2004.

ISSUE: Whether or not Atty. Caracol should be disciplined.

HELD: Yes. Atty. Caracol knew that Efren had already passed away at the time he filed his second motion. As an honest, prudent and conscientious lawyer, he should have informed the Court of his client’s passing and presented authority that he was retained by the client’s successors-in-interest and thus the parties may have been substituted. He was suspended for one year.

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