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Spouses Carlito and Leonida Lising vs. Atty.

Glicerio Sampana
A.C No. 7958, March 3, 2014

FACTS:
Sampana sold to Spouses Lising a parcel of land situated in Bulacan for Php
355,000. Despite payment of Php 312, 00 by the Spouses, Sampana never executed
the contract to sell in their favor, notwithstanding demands from them.
A case was filed against Sampana before Housing and Land use Regulatory
Board. The Spouses were surprised when a document purporting to be their
contract to sell was produced by Sampana. The contract was signed by Dacayan
(alleged Attorney in fact), brother in law of Leonida Lising who never authorized to
represent them.
Spouses alleged that Sampana sold the same lot to Spouses Orly Miranda
and Amelita Payuyo. Sampana employed deceit and took advantage of his superior
knowledge of the law to unlawfully deprive them of the lot and unjustly enriched
himself at their expense and prejudice.
IBP Commissioner found Sampana guilty of unethical, unlawful, and illegal
acts relative to double sale recommending for his suspension from practice of law
for 1 year. The IBP Board adopted and approved with modification that Sampana will
return the amount received in his favor.

Issue : WON Sampana violated the CPR.


HELD : Yes
Atty. Sampana violated Canon 1 of the Code of Professional Responsibility, which
provides that:
CANON 1 A lawyer shall uphold the constitution, obey the laws of the land and promote
respect for law and for legal processes.
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.
A lawyer shall at all times uphold the integrity and dignity of the legal profession. The
trust and confidence necessarily reposed by clients on their attorney requires in him a high
standard and appreciation of his duty to his clients, his profession, the courts, and the
public. The Bar must maintain a high standard of legal proficiency as well as of honesty and
fair dealing. A lawyer can do honor to the legal profession by faithfully performing his duties
to society, to the Bar, to the courts, and to his clients. To this end, members of the legal
fraternity can do nothing that might tend to lessen in any degree the confidence of the
public in the fidelity, honesty and integrity of the profession.
He was suspended from the practice of law for one year.