Likong v.

Lim (August 17, 1994)

A.C. No. 3149|Padilla, J.

F: Cerina Likong obtained a P92,100 loan from Geesnell Yap. Cerina Likong executed a
promissory note in favor of Geesnell Yap and a deed of assignment over her pension checks
which she regularly received from the US gov’t as a widow of a US pensioner. The deed of
assignment also provided that the same shall be irrevocable until the loan is fully paid.
Cerina Likong also executed a SPA authorizing Geesnell Yap to collect her pension checls
from the post office in Tagbilaran City. These documents were prepared and notarized by
Geesnell Yap’s counsel, Atty. Alexander Lim. 3 months after the execution of the SPA, Cerina
Likong informed the Tagbilaran City post office that she was revoking the SPA. Geesnell Yap
then filed a complaint for injuction, which the RTC granted. Atty. Alexander Lim appeared
for Geesnell Yap while Attys. Roland Inting and Erico Aumentado appeared for Cerina
Likong. Geesnell Yap then filed a motion to cite Cerina Likong in contempt for attempting to
circumvent the injunction by changing her address to Mandaue City. Cerina Likong and
Geesnell Yap then filed a joint motion to allow Cerina Likong to withdraw her pension
checks. The motion did not bear the signatures of Cerina Likong’s counsels. Cerina Likong
and Geesnell Yap then entered into a compromise agreement, again without the participation
of Cerina Likong’s counsels. The compromise agreement stated that Cerina Likong admitted
to an obligation of P150,000 to be paid in monthly installments for a period of 54 months at
an interest of 40% per annum discounted every 6 months. Cerina Likong then filed an
administrative case against Atty. Alexander Lim, alleging that in all the motions, Cerina
Likong was prevented from seeking assistance from her 2 lawyers, no copy was furnished to
them or her and she was advised by Atty. Alexander Lim that it was unnecessary for her to
consult her lawyers under the pretense that this could only jeopardize the settlement, she
would only be incurring an enormous expense if she consulted a new lawyer, and that Atty.
Alexander Lim was assisting her anyway. Atty. Alexander Lim, on the other hand, alleged
that Ceferina Likong was abandoned by her lawyers.

I: WON Atty. Alexander Lim is administrative liable.

H: Yes, Atty. Alexander Lim is suspended for 1 year. The compromise agreement he
prepared was grossly prejudicial to Cerina Likong as the amount increased and the interest
having an excess of 75% per annum. There is also no showing that Atty. Alexander lim even
tried to inform the lawyers of Cerina Likong of the compromise agreement, or that he
informed the RTC of their abandonment of Cerina Likong.

CPR; RULE 8.02

A lawyer shall not, directly or indirectly, encroach upon the professional employment of
another lawyer; however, it is the right of any lawyer, without fear or favor, to give proper
advice and assistance to those seeking relief against unfaithful or neglectful counsel.

CPR; RULE 1.01

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