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    Donton Vs Tansingco

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    jilo03
    1. This decision concerns a disbarment complaint filed against respondent attorney Emmanuel O. Tansingco for serious misconduct related to preparing documents to circumvent the constitutional prohibition against foreign ownership of land in the Philippines. 2. The Court found the respondent liable for violating the Code of Professional Responsibility by advising and aiding a U.S. citizen client in evading the law against foreign land ownership through an occupancy agreement and other documents. 3. As a result, the Court suspended the respondent from the practice of law for 6 months.

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    Donton Vs Tansingco

    Uploaded by

    jilo03
    172 views3 pages
    1. This decision concerns a disbarment complaint filed against respondent attorney Emmanuel O. Tansingco for serious misconduct related to preparing documents to circumvent the constitutional prohibition against foreign ownership of land in the Philippines. 2. The Court found the respondent liable for violating the Code of Professional Responsibility by advising and aiding a U.S. citizen client in evading the law against foreign land ownership through an occupancy agreement and other documents. 3. As a result, the Court suspended the respondent from the practice of law for 6 months.

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    Donton vs Tansingco

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    1. This decision concerns a disbarment complaint filed against respondent attorney Emmanuel O. Tansingco for serious misconduct related to preparing documents to circumvent the constitutional prohibition against foreign ownership of land in the Philippines. 2. The Court found the respondent liable for violating the Code of Professional Responsibility by advising and aiding a U.S. citizen client in evading the law against foreign land ownership through an occupancy agreement and other documents. 3. As a result, the Court suspended the respondent from the practice of law for 6 months.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    172 views3 pages

    Donton Vs Tansingco

    Uploaded by

    jilo03
    1. This decision concerns a disbarment complaint filed against respondent attorney Emmanuel O. Tansingco for serious misconduct related to preparing documents to circumvent the constitutional prohibition against foreign ownership of land in the Philippines. 2. The Court found the respondent liable for violating the Code of Professional Responsibility by advising and aiding a U.S. citizen client in evading the law against foreign land ownership through an occupancy agreement and other documents. 3. As a result, the Court suspended the respondent from the practice of law for 6 months.

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    of 3

    A.C. No.

    6057

    June 27, 2006

    PETER T. DONTON, Complainant, vs. ATTY. EMMANUEL O. TANSINGCO, Respondent. DECISION CARPIO, J.: The Ca e This is a disbarment complaint against respondent Atty. Emman el O. Tansingco !"respondent"# $or serio s miscond ct and deliberate violation o$ Canon %,% R les %.&%' and %.&'( o$ the Code o$ )ro$essional Responsibility !"Code"#. The !a"# In his Complaint dated '& *ay '&&(, )eter T. Donton !"complainant"# stated that he $iled a criminal complaint $or esta$a thr $alsi$ication o$ a p blic doc ment + against D ane O. Stier !"Stier"#, Emelyn A. *aggay !"*aggay"# and respondent, as the notary p blic ,ho notari-ed the Occ pancy Agreement. The disbarment complaint arose ,hen respondent $iled a co nter.charge $or per/ ry 0 against complainant. Respondent, in his a$$idavit.complaint, stated that1 0. The OCC2)ANC3 A4REE*ENT dated September %%, %550 $a %&e%a&e' an' no#a&()e' *+ ,e un'e& #he -o..o$(n/ "(&"u, #an"e 0 A. *r. D ane O. Stier is the o,ner and long.time resident o$ a real property located at No. (( Don 6ose Street, 7gy. San Ro8 e, * rphy, C bao, 9 e-on City. 7. Sometime in September %550, M&. S#(e& 1 a U.S. "(#()en an' #he&e*+ '( 2ua.(-(e' #o o$n &ea. %&o%e&#+ (n h( na,e : agreed that the property be trans$erred in the name o$ *r. Donton, a ;ilipino. C. *r. Stier, in the presence o$ *r. Donton, re8 ested me to prepare several doc ments that ,o ld g arantee recognition o$ him being the act al o,ner o$ the property despite the trans$er o$ title in the name o$ *r. Donton. D. ;or this p rpose, I prepared, among others, the OCC2)ANC3 A4REE*ENT, recogni-ing *r. Stier<s $ree and ndist rbed se o$ the property $or his residence and b siness operations. The OCC2)ANC3 A4REE*ENT ,as tied p ,ith a loan ,hich *r. Stier had e=tended to *r. Donton.> Complainant averred that respondent<s act o$ preparing the Occ pancy Agreement, despite ?no,ledge that Stier, being a $oreign national, is dis8 ali$ied to o,n real property in his name, constit tes serio s miscond ct and is a deliberate violation o$ the Code. Complainant prayed

    that respondent be disbarred $or advising Stier to do something in violation o$ la, and assisting Stier in carrying o t a dishonest scheme. In his Comment dated %5 A g st '&&(, respondent claimed that complainant $iled the disbarment case against him pon the instigation o$ complainant<s co nsel, Atty. 7oni$acio A. Alenta/an,@ beca se respondent re$ sed to act as complainant<s ,itness in the criminal case against Stier and *aggay. Respondent admitted that he "prepared and notari-ed" the Occ pancy Agreement and asserted its gen ineness and d e e=ec tion. In a Resol tion dated % October '&&(, the Co rt re$erred the matter to the Integrated 7ar o$ the )hilippines !I7)# $or investigation, report and recommendation. The I3P4 Re%o&# an' Re"o,,en'a#(on In her Report dated '> ;ebr ary '&&+ !"Report"#, Commissioner *ilagros A. San 6 an !"Commissioner San 6 an"# o$ the I7) Commission on 7ar Discipline $o nd respondent liable $or ta?ing part in a "scheme to circ mvent the constit tional prohibition against $oreign o,nership o$ land in the )hilippines." Commissioner San 6 an recommended respondent<s s spension $rom the practice o$ la, $or t,o years and the cancellation o$ his commission as Notary ) blic. In Resol tion No. BAI.'&&+.''' dated %> April '&&+, the I7) 7oard o$ 4overnors adopted, ,ith modi$ication, the Report and recommended respondent<s s spension $rom the practice o$ la, $or si= months. On 'C 6 ne '&&+, the I7) 7oard o$ 4overnors $or,arded the Report to the Co rt as provided nder Section %'!b#, R le %(5.7C o$ the R les o$ Co rt. On 'C 6 ly '&&+, respondent $iled a motion $or reconsideration be$ore the I7). Respondent stated that he ,as already @> years old and ,o ld already retire by '&&0 a$ter the termination o$ his pending cases. De also said that his practice o$ la, is his only means o$ s pport $or his $amily and his si= minor children. In a Resol tion dated @ October '&&+, the I7) denied the motion $or reconsideration beca se the I7) had no more / risdiction on the case as the matter had already been re$erred to the Co rt. The Ru.(n/ o- #he Cou&# The Co rt $inds respondent liable $or violation o$ Canon % and R le %.&' o$ the Code. A la,yer sho ld not render any service or give advice to any client ,hich ,ill involve de$iance o$ the la,s ,hich he is bo nd to phold and obey. 5 A la,yer ,ho assists a client in a dishonest scheme or ,ho connives in violating the la, commits an act ,hich / sti$ies disciplinary action against the la,yer.%& 7y his o,n admission, respondent admitted that Stier, a 2.S. citi-en, ,as dis8 ali$ied $rom o,ning real property.%%3et, in his motion $or reconsideration,%' respondent admitted that he ca sed the trans$er o$ o,nership to the parcel o$ land to Stier. Respondent, ho,ever, a,are o$

    the prohibition, 8 ic?ly recti$ied his act and trans$erred the title in complainant<s name. 7 t respondent provided "some sa$eg ards" by preparing several doc ments, %(incl ding the Occ pancy Agreement, that ,o ld g arantee Stier<s recognition as the act al o,ner o$ the property despite its trans$er in complainant<s name. In e$$ect, respondent advised and aided Stier in circ mventing the constit tional prohibition against $oreign o,nership o$ lands %+ by preparing said doc ments. Respondent had s,orn to phold the Constit tion. Th s, he violated his oath and the Code ,hen he prepared and notari-ed the Occ pancy Agreement to evade the la, against $oreign o,nership o$ lands. Respondent sed his ?no,ledge o$ the la, to achieve an nla,$ l end. S ch an act amo nts to malpractice in his o$$ice, $or ,hich he may be s spended.%0 In Balinon v. De Leon,%> respondent Atty. De Eeon ,as s spended $rom the practice o$ la, $or three years $or preparing an a$$idavit that virt ally permitted him to commit conc binage. In In re: Santiago,%@ respondent Atty. Santiago ,as s spended $rom the practice o$ la, $or one year $or preparing a contract ,hich declared the spo ses to be single again a$ter nine years o$ separation and allo,ed them to contract separately s bse8 ent marriages. 56ERE!ORE, ,e $ind respondent Atty. Emman el O. Tansingco GUILTY o$ violation o$ Canon % and R le %.&' o$ the Code o$ )ro$essional Responsibility. Accordingly, ,e SUSPEND respondent Atty. Emman el O. Tansingco $rom the practice o$ la, $or SI7 MONT6S e$$ective pon $inality o$ this Decision. Eet copies o$ this Decision be $ rnished the O$$ice o$ the 7ar Con$idant to be appended to respondent<s personal record as an attorney, the Integrated 7ar o$ the )hilippines, the Department o$ 6 stice, and all co rts in the co ntry $or their in$ormation and g idance. SO ORDERED.

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