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Santos, Jr. vs. Atty. Llamas, AC 4749

23 Jul

FACTS:

Atty. Francisco Llamas was complained of not paying his IBP dues.He was also cited in the complaint as not paying his professional tax or PTR as it was intermittently indicated in his pleadings filed in court. It was also an alleged falsity when he included his “IBP-Rizal 259060” where in fact he was not in good standing. Petitioner cited that Atty. Llamas was dismissed as Pasay City Judge. But later revealed that the decision was reversed and he was subsequently promoted as RTC Judge of Makati. He also had criminal case involving estafabut was appealed pending in the Court of Appeals. In the numerous violations of the Code of Professional Responsibility, he expressed willingness to settle the IBP dues and plea for a more temperate application of the law.

ISSUE:

Whether or not Atty. Llamas is guilty of violating the Code of Professional Responsibility.

HELD:

YES. Respondent was suspended from the practice of law for one (1) year, or until he has paid his IBP dues.

RATIO:

Even if he had “limited” practice of law, it does not relieve him of the duties such as payment of IBP dues. Rule 139-A provides:

Sec. 10. Effect of non-payment of dues. — Subject to the provisions of Section 12 of this Rule, default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys.

Under the Code of Professional Responsibility:

Rule 1.01 — A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 10.01 — A lawyer shall not do any falsehood, nor consent to the doing of any court; nor shall he mislead or allow the court to be misled by any artifice.

 
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Posted by on July 23, 2012 in Case Digests, Legal Ethics

 

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