CAMINO v. ATTY. PASAGUI

EUFEMIA A. CAMINO v. ATTY. RYAN REY L. PASAGUI

A. C No. 11095

January 31, 2017

FACTS

Disbarment complaint was filed against respondent Atty. Ryan Rey L. Pasagani before the Integrated Bar of the Philippines-commission on bar Discipline (IBP-CBD), that the respondent violated their agreement for the latter to facilitate and secure a loan to finance the payment of necessary expenses to transfer the title of a certain property under her name, she claimed that respondent obtained a loan using their property as a collateral, but atty. Pasagni arrogated the proceeds.

ISSUE

Whether or not a malpractice or gross misconduct can be used as grounds for disbarment of a lawyer.

The court ruling was in favor of the complainant, the Court found that the respondent was guilty of deceit, malpractice and gross misconduct in converting the money of his client to his own use without her consent, his failure to use the proceeds for the transfer of the title in complainant’s name. He did not only betray the trust and confidence of his client, he is likewise guilty of engaging in dishonest and deceitful conduct.

RULING

The Court affirmed the findings and conclusions of the IBP Board of Governors and imposed the penalty to disbarment. The Court also ordered to return the load proceeds he received from Perpetual Help Credit Cooperative Inc.

Wherefore, Resolution No. XX1-2014-938 dated December 14, 2014 of the IBP Board of Governors which found respondent Atty. Ryan Rey I Pasagan GUILTY of violation for Rule 1.0 if the Code of Professional responsibility affirmed with Modification as to the penalty. Respondent is instead meted the penalty of Disbarment, Respondent is further ordered to Return the load proceeds amounting to 1,000.000.00 and to pay legal interest at the rate of twelve percent per annum computed from the release of the loan on February 15, 2011 up to June 30, 2013 and six percent per annum from July 1, 2013 until fully paid as well as the 120,000.00 received for the purpose or transferring of the title in the name of the complainant to pay legal interest at the rate of twelve percent per annum computed from receipt of the amount on February 3, 2011 up to June 30, 2013 and six percent per annum from July 1, 2013 until fully paid. He is likewise ordered to return all other documents pertinent to the load obtained from PHCCI and those received from complaint.