Brennisen vs. Atty. Contawi
Brennisen vs. Atty. Contawi
Brennisen vs. Atty. Contawi
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359
PER CURIAM:
Before the Court is an administrative complaint1 for
disbarment filed by complainant Lorenzo D. Brennisen
against respondent Atty. Ramon U. Contawi for deceit and
gross misconduct in violation of his lawyer’s oath.
The Facts
Complainant is the registered owner of a parcel of land
located in San Dionisio, Parañaque City covered by
Transfer Certificate of Title (TCT) No. 211762 of the
Register of Deeds for the Province of Rizal. Being a
resident of the United States of America (USA), he
entrusted the administration of
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1 Rollo, pp. 1-2.
2 Id., at p. 3.
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3/22/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 670
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3 Id., at p. 87.
4 Id., at pp. 85-86.
5 Id., at p. 6.
6 Id., at pp. 34-36.
361
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7 Id., at p. 43.
8 Id., at pp. 51-52.
362
The Issue
The sole issue before the Court is whether respondent
violated his lawyer’s oath when he mortgaged and sold
complainant’s property, which was entrusted to him,
without the latter’s consent.
The Court’s Ruling
After a punctilious examination of the records, the Court
concurs with the findings and recommendation of
Commissioner De Mesa and the IBP Board of Governors
that respon-
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9 Id., at pp. 119-122.
10 Id., at p. 118.
363
Canon 1—A lawyer shall uphold the Constitution, obey the laws
of the land and promote respect for law and legal processes.
Canon 1.01—A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
Canon 16—A lawyer shall hold in trust all moneys and properties
of his client which may come into his possession.
Canon 16.01—A lawyer shall account for all money or property
collected or received for or from client.
Canon 16.03—A lawyer shall deliver the funds and property of his
client when due or upon demand.
Canon 17—A lawyer owes fidelity to the cause of his client and he
shall be mindful of the trust and confidence reposed in him.
364
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11 A.C. No. 140-J, March 8, 1988, 158 SCRA 497, 506.
12 A.C. No. 4500, April 30, 1999, 306 SCRA 465, 485.
13 Atty. Bonifacio Barandon, Jr. v. Atty. Edwin Ferrer, Sr., A.C. No.
5768, March 26, 2010, 616 SCRA 529, 535.
14 Eugenia Mendoza v. Atty. Victor C. Deciembre, A.C. No. 5338,
February 23, 2009, 580 SCRA 28, 36.
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15 Babante-Caples v. Caples, A.M. No. HOJ-10-03 (Formerly A.M. OCA
IPI No. 09-04-HOJ), November 5, 2010, 634 SCRA 498.
366
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