J.A.B. Bulao & Associates

DISPOSITIVE:

WHEREFORE, the appeal is GRANTED. The decision dated February 13, 2019 of the Court of Appeals in CA- G.R. CR HC No. 01366-MIN is hereby REVERSED and SET ASIDE.  Accordingly, accused-appellant RANILO S. SUAREZ is AQUITTED of Illegal Sale of Dangerous Drugs. The Director of the Bureau of Corrections is ordered to cause his immediate release, unless he is being lawfully held in custody for any other reason.

Let entry of judgment be issued immediately.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

The Court has repeatedly emphasized that the relationship between a lawyer and his client is one imbued with trust and confidence. And as true as any natural tendency goes, this “trust and confidence” is prone to abuse. The rule against borrowing of money by a lawyer from his client is intended to prevent the lawyer from taking advantage of his influence over his client. The rule presumes that the client is disadvantaged by the lawyer’s ability to use all the legal maneuverings to renege on his obligation. 16 In the present case, it is clear that Agustin had violated Rule 16.04 of the CPR.

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Furthermore, the Court cannot order or require Agustin to return the money he loaned from Dalumay under these same proceedings. In disciplinary proceedings against lawyers, the only issue is whether the officer of the court is still fit to be allowed to continue as a member of the Bar. Thus, the Court is not concerned with the erring lawyer’s civil liability for money received from his client in a transaction separate, distinct, and not intrinsically linked to his professional engagement. 20 Thus, the directive to return the amounts of P300,000.00 and US$9,000.00 under the IBP recommendation cannot be sustained.

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DISPOSITIVE:

“WHEREFORE, the petition is DENIED. The September 14, 2016 Decision and the February 8, 2017 Resolution of the Court of Appeals in CA-G.R. CEB-CV No. 03786 are AFFIRMED.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

“All told, Article 434 of the Civil Code requires that in an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim. 44 Identity of the land is the foremost relevant fact or issue to be determined in any action involving real properties. Unfortunately, petitioner failed to properly and sufficiently identify the subject property Lot No. 758, which she claims to have been possessed and owned by her and her predecessors-in-interest. Accordingly, all other remaining issues become futile.”

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DISPOSITIVE:

“WHEREFORE, the appeal is DISMISSED. The September 30, 2016 Decision of the Court of Appeals in CA-G.R. CR-HC No. 07288, is hereby AFFIRMED.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

“We sustain the findings of the trial court and the appellalc court that treachery attended the commission of the crlme. Treachery is present when the following elements are present: (a) the employment of means, methods or manner of execution to ensure the safoly of the offender from defensive or retaliatory ads of the victim and (b) the deliberate adoption by the offender of such means, methods or manner of execution. The essence of treachery is the sudden and unexpected attack by an aggressor on an unsuspecting victim who gave no provocation,25 without affording the latter any real chance to defend hlmself and thereby ensuring the commission of the crime without risk to the aggressor.26”

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