Case Digest: Presiding Judge Jose L.

Madrid, Regional Trial Court, Branch 51,

Sorsogon City, Complainant, v. Atty. Juan S. Dealca, Respondent | A.C. No. 7474, 9
September 2014

December 20, 2017

Presiding Judge Jose L. Madrid, Regional Trial Court, Branch 51, Sorsogon City,
Complainant, v. Atty. Juan S. Dealca, Respondent

A.C. No. 7474, 9 September 2014

Facts:

The complainant hired the services of Atty. Juan S. Dealca as his counsel in
collaboration with Atty. Ronando L. Gerona in a pending case docketed at the
Court of Appeals wherein the complainant was the plaintiff-appellant.

The parties agreed upon PhP 15,000.00 as attorney’s fees with the following
breakdown: 50% payable upon acceptance of the case; and the remaining balance
upon termination of the case. Complainant paid the respondent PhP 7,500.00.

Prior to preparing the appellant’s brief, respondent demanded payment of PhP

4,000.00. The complainant obliged though it was contrary to the original
agreement.

Before filing the appellant's brief, respondent demanded payment of the

balance amounting to PhP 3,500.00. When complainant was unable to do so,
respondent withdraw his appearance as complaint’s counsel without informing
the complainant.
 Thus, the complainant charged the respondent with misconduct and praying
the respondent be “sternly dealt with administratively.”

Issue:

Whether respondent committed misconduct and violated the provisions of the

Code of Professional Responsibility (CPR).

Held:

The Supreme Court find the respondent violated Canon 22 of the CPR for
withdrawing from the complainant’s case without a good cause. Respondent also
violated Rule 20.4, Canon 20 of the CPR for demanding full payment before
submission of the complainant-appellant’s brief even though they have an
agreement that final payment will be given upon termination of the case.

The Supreme Court reprimanded the respondent.