Johnny Pesto, Canadian National Complaint

Marcelito M. Milo, Respondent.

Charges:

Charged with conduct unbecoming an officer of the court, misleading his client, bungling the transfer of title
and incompetence and negligence in the performance of his duty as a lawyer.

- To transfer title over a parcel of land to Mrs. Abella Pesto and the adoption of her niece, Arvi Jane
Dizon
- Wherein, Johnny and Abella gave Attty. Millo P10,000 for adoption case and P14,000 for the transfer of
title parcel of land
- False informal and numerous excuses to explain his inability to complete the transfer of title.
- Capital gains tax for the property had been paid way back in 1991 (upon Feb 1995 he had not paid the
tax)
- He said he paid the CGT but cannot show any receipts.- reluctantly return the P14,000 and promise to
assume the liability of accrued penalities
- Atty. Milo was blame for letting the adoption case be considered closed by the Tarlac Office of Tarlac
DSWD due to two years of inaction.
- Made them believe that an interview with the Tarlac DSWD scheduled on Feb 14, 1995 at 10:00 am but
after an hour waiting in the courthouse in Tarlac that Atty. Millo requested the hearing to be moved to
the afternoon with their knowledge.
Mr. Pesto bought this Administrative complaint in the IBP (Integrated Bar of the Philippines)
because of Atty. Millo’s neglect and ineptitude on March 14, 1995 for disciplinary action to be
taken against Atty. Millo and seeking P15 643.75 for the penalities on CGT and 10 000 on
adoption case. Tita Lomotan as his attorney in fact to represent them in the absence on county.

July 10, 1995 the IBP ordered Atty. Millo to file his answer. With an extension for the period his
answer. With an extension for the period to file- he filed no answer and do not appear at any
hearings despite due notice.
The IBP required Johnny through Lomotan to engage a counsel. Proceeding were held in
abeyance to await the appropriate motion from Johnnys counsel.

Administrative matter did not move for several years. The long delay propted Johnny to write to
the President of the IBP on October 28, 1998. April 2, 2001 IBP-CBD scheduled another hearing
on June 29, 2001. On that hearing, Atty. Millo appeared through a representative and presented a
manifestation/ motion

Claiming that Johnny had meanwhile died and Abella would be withdrawing complaint against
him.