FIRST DIVISION
[A.C. No. 12750. March 23, 2022.]
HUBERT D. GADOR, complainant, vs.ATTY. LITTIE SARAH A. AGDEPPA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 23, 2022which reads as follows:
"A.C. No. 12750 (Hubert D. Gador v. Atty. Littie Sarah A. Agdeppa). — Before the Court is the Petition 1 for disbarment filed by Hubert D. Gador (complainant) with the Office of the Bar Confidant against respondent Atty. Littie Sarah A. Agdeppa (Atty. Agdeppa) for her alleged intrusion into a purely family dispute involving the property which the late Spouses Pacifico and Lucila Dela Serna (Spouses Dela Serna) partitioned in favor of their children: Henrietta S. Gador 2 (Henrietta), Perla S. Niel (Perla), and Rodolfo Dela Serna (Rodolfo).
The Antecedents
Spouses Dela Serna owned several parcels of land during their lifetime, among which is Lot 2756, Cad-107 with an area of 14.7628 hectares covered by Original Certificate of Title RP-487 (Lot 2756). 3
In 1985, Spouses Dela Serna partitioned the subject lot in favor of their children: Rodolfo, Perla, and Henrietta, complainant's deceased mother. 4
Version of the Complainant
Complainant avers that Atty. Agdeppa intruded into their purely family dispute despite having no interest over Lot 2756. 5 Without a special power of attorney from Perla, Atty. Agdeppa appeared in the mediation proceedings before the Municipal Agrarian Reform Office of Libungan, Cotabato and abused her legal knowledge by presenting fictitious documents to stop the proceedings. 6 Thus, she committed Gross Misconduct and violation of the Lawyer's Oath warranting the disciplinary action of the Court. 7
Version of Atty. Agdeppa
In her Comment, 8 Atty. Agdeppa narrated the following:
In June 1985, Spouses Dela Serna executed a Deed of Donation 9 in favor of their children Rodolfo, Perla, and Henrietta that divided Lot 2756 proportionately among the latter pursuant to the Plan as Prepared for the Heirs of P. Dela Serna. 10
In December 1994, the siblings entered into a Memorandum of Agreement 11 which amended the partition of Lot 2756 pursuant to the approved Subdivision Plan 12 of Geodetic Engineer Teodorico B. Junio (Engr. Junio), viz.:
|
Owner |
Lot |
Area Size |
|
Henrietta Gador |
Lot 2756-C |
45,941 sq.m. |
|
Perla Niel |
Lot 2756-D |
45,343 sq.m. |
|
Rodolfo Dela Serna |
Lot 2756-A |
12,993 sq.m. |
|
Lot 2756-E |
15,614 sq.m. |
|
|
Lot 2756-F |
7,499 sq.m. 13 |
On January 18, 2011, the children of Henrietta, except complainant, mortgaged to Atty. Agdeppa a 12,000-square meter portion of Lot 2756-C. 14
Likewise, Perla mortgaged to Atty. Agdeppa a 5,400-square meter portion of Lot 2756-D, which was tilled and cultivated by Rogelio S. Gulapa (Gulapa), as evidenced by the Deed of Real Estate Mortgage 15 dated February 28, 2011.
On October 21, 2012, Perla mortgaged to Atty. Agdeppa another 5,400-square meter portion of Lot 2756-D separately tilled and cultivated by Luis Puno (Puno). In view of the mortgage, Puno remitted to Atty. Agdeppa the leasehold share of Perla over the land. 16 CAIHTE
Eventually, Perla sold to Atty. Agdeppa's niece, Dr. Hester Dominique A. Ortiz, the 5,300-square meter portion, tilled and cultivated by Gulapa, as evidenced by the Deed of Absolute Sale of Real Property 17 dated October 10, 2013. 18
In December 2018, when Perla was already bedridden, complainant and his siblings offered to redeem from Atty. Agdeppa the 5,400-square meter mortgaged portion of Lot 2756-D being tilled and cultivated by Puno. Atty. Agdeppa refused and instead, advised complainant to negotiate with his aunt Perla for the latter to redeem her own property. 19
Months later, complainant, together with some personnel of the Department of Agrarian Reform (DAR), namely: Henry Guillermo and Angelito Hertroza came to Puno and offered him money in payment for his tenancy rights over Perla's land. Puno refused. 20
In view of the land use application filed by complainant, the DAR Provincial Office of Cotabato summoned Puno for a mediation conference on November 14, 2019 at the DAR Municipal Office of Libungan (DARMO). 21 Consequently, Puno and his daughter, Emily Tan, (the Punos) informed Atty. Agdeppa and Perla, through her son, Edwin Niel, of the scheduled mediation proceedings. 22
During the conference, Atty. Agdeppa and the Punos informed the hearing officer that the lot from where the Punos were being ejected is actually owned by Perla, not by complainant or his siblings. Realizing that the issue over the lot in dispute was about conflicting claims of ownership, the hearing officer discontinued the proceedings for lack of jurisdiction over the case. 23 aScITE
Reply of the Complainant
Complainant averred that as a result of the survey conducted by Engr. Junio, the area allotted for his mother, Henrietta, was reduced while the shares of her siblings, Perla and Rodolfo, became bigger. 24 As such, the complainant sought the cancellation of the approved Subdivision Plan of Engr. Junio. 25
Complainant further alleged that on July 8, 1995, the siblings Rodolfo, Perla, Henrieta, and their mother, Lucila Dela Serna, executed a Deed of Extra-Judicial Settlement with Confirmation of Donation 26 (Extra-Judicial Settlement) whereby they affirmed and reinstated the partition in the June 1985 Deed of Donation 27 over Lot 2756. 28
According to complainant, the Extra-Judicial Settlement effectively abandoned the survey made by Engr. Junio rendering the allotment of Lot 2756-D in favor of Perla ineffective. 29 Consequently, the mortgage constituted by Perla over the portion of Lot 2756-D in favor of Atty. Agdeppa was also inoperative. 30
The Issue
Whether Atty. Agdeppa committed Gross Misconduct or violated the Lawyer's Oath by intruding into a purely family dispute warranting her disbarment from the practice of law.
The Court's Ruling
Atty. Agdeppa did not commit Gross Misconduct or violated the Lawyer's Oath.
Lawyers enjoy the legal presumption that they are innocent of the charges against them until the contrary is proved, and that as officers of the Court, they are presumed to have performed their duties in accordance with their oath. 31 In disbarment proceedings, the quantum of proof is substantial evidence and the burden of proof is on the complainant to establish the allegations in the complaint. 32
Atty. Agdeppa did not intrude into a
Record shows that by virtue of the approved Subdivision Plan 33 of Engr. Junio and the Memorandum of Agreement 34 executed among the siblings (Rodolfo, Henrietta, and Perla) in December 1994, Perla acquired Lot 2756-D. On October 21, 2012, Perla mortgaged to Arty. Agdeppa a 5,400-square meter portion of Lot 2756-D then being cultivated by the Punos. 35 Since then, the Punos have been remitting to Atty. Agdeppa the leasehold share of Perla over the subject lot. 36 Evidently, Atty. Agdeppa has an interest to protect over the land in dispute being a mortgagee who derives benefit from the subject lot. Indubitably, Atty. Agdeppa's act in participating in the mediation conference pertaining to Lot 2756-D was not a prohibited intrusion into a purely family dispute. DETACa
Atty. Agdeppa did not abuse her legal
Notably, the Punos informed Atty. Agdeppa of the scheduled mediation conference before the DARMO as she is the mortgagee of the subject lot to whom they remit the leasehold share of Perla. At the conference, they explained to the DARMO Hearing Officer that the owner of the disputed land is Perla, and not the complainant; and that Perla mortgaged it to Atty. Agdeppa. They likewise presented documents in support of their claim. Realizing that the issue involved over Lot 2756-D pertains to the conflicting claims of ownership between Perla and her nephew (complainant), the DARMO Hearing Officer discontinued the proceedings for lack of jurisdiction over the case. 37
Atty. Agdeppa has an interest to protect over Lot 2756-D based on the Deed of Real Estate Mortgage dated October 21, 2012 executed by Perla in her favor. 38 While complainant alleges that the purported Extra-Judicial Settlement dated July 8, 1995 abandoned the Subdivision Plan of Engr. Junio and the December 1994 Memorandum of Agreement among the siblings Rodolfo, Henrietta, and Perla, this remains an allegation which should be resolved in the appropriate forum.
Indubitably, Atty. Agdeppa neither committed Gross Misconduct nor violated the Lawyer's Oath in participating in the mediation proceedings pertaining to Lot 2756-D before the DARMO. The acts complained of do not merit the exercise of the disciplinary powers of the Court. Atty. Agdeppa acted well within her rights and did not intrude into a purely family dispute.
WHEREFORE, the complaint against respondent Atty. Littie Sarah A. Agdeppa is DISMISSED for lack of merit. Let this case be considered CLOSED and TERMINATED.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 2-3.
2. Henrieta in some parts of the rollo.
3.Rollo, p. 33.
4.Id.
5.Id. at 2.
6.Id. at 2-3.
7.Id. at 3.
8.Id. at 32-46.
9.Id. at 10-11.
10.Id. at 91.
11.Id. at 8-9.
12.Id. at 52.
13.Id. at 34.
14.Id. at 56-57.
15.Id. at 58-59.
16.Id. at 60-61.
17.Id. at 62-63.
18.Id. at 35.
19.Id. at 35-36.
20.Id. at 109.
21.Id. at 5.
22.Id. at 110.
23.Id. at 111-112.
24.Id. at 104.
25.Id.
26.Id. at 14-16.
27.Id. at 10-11.
28.Id. at 164.
29.Id. at 166.
30.Id.
31.Tan v. Alvarico, A.C. No. 10933, November 3, 2020.
32.Id.
33.Rollo, p. 52.
34.Id. at 8-9.
35.Id. at 60-61.
36.Id. at 133-134.
37.Id. at 83-84.
38.Id. at 60-61.