8/30/22, 12:12 PM CASE DIGEST: CF SHARP CREW MANAGEMENT INCORPORATED VS. NICOLAS C.

TORRES - Batas Filipinas

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CASE DIGEST: CF SHARP CREW MANAGEMENT INCORPORATED
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Phil. Caselaw
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June 20, 2021
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Project 16 Types Software TRENDING

Management Engineer
CASE DIGEST: Tañada vs. Tuvera

CASE DIGEST: Manila Prince

Hotel vs. Government Service
Insurance System (267 SCRA
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408), G.R. No. 122156, February
3, 1997

CASE DIGEST: De Roy vs. Court

 
of Appeals

Requirements for First-Time

Passport Application in the
Philippines

BLOG ARCHIVE

February 2022 (4)

October 2021 (6)
CF SHARP CREW MANAGEMENT INCORPORATED VS. NICOLAS C. TORRES
September 2021 (3)
A.C. No. 10438. September 23, 2014
  August 2021 (3)
TOPIC: July 2021 (7)
     Misappropriation as a Ground for Disbarment June 2021 (60)
  July 2020 (12)
FACTS:
CF Sharp Crew Management
Incorporated (CF Sharp) hired Nicolas C. Torres (Torres) as its Legal and
LABELS
Claims Manager as its Legal and Claims Manager who was tasked, inter alia, to
serve as its legal
counsel and to oversee the administration and management of legal
cases and medical-related claims  CASE DIGEST (90)

instituted by seafarers against complainant’s

various principals.  CIVIL LAW (21)

 
 CIVIL PROCEDURE (2)

 COMMERCIAL LAW (5)

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8/30/22, 12:12 PM CASE DIGEST: CF SHARP CREW MANAGEMENT INCORPORATED VS. NICOLAS C. TORRES - Batas Filipinas

Among the cases he handled were

claims of seafarers Mangi, Sampani, Delgado and Chua which, per  CRIMINAL LAW (20)

request of
Torres, were settled through the issuance of checks by CF Sharp. However, CF
Sharp
 CRIMINAL PROCEDURE (1)
discovered that, except for the check issued to Delgado, Torres never
gave the checks to Mangi and
 GOVERNMENT TRANSACTIONS (1)
Chua, only gave partial amount of the check to
Sampani and instead, had them deposited at the
International Exchange Bank.  INTELLECTUAL PROPERTY RIGHTS LAW (5)

 
 LEGAL ETHICS (33)
CF Sharp filed a complaint at the IBP
Commission on Bar Discipline. The IBP Board of Governors
 PERSONS AND FAMILY RELATIONS (18)
unanimously adopted
and approved the IBP Investigating Commissioner’s report and recommendation
with modification, increasing the recommended period of suspension from the
practice of law to two (2)  POLITICAL LAW (2)

years. (9)
 REMEDIAL LAW
 
ISSUE:   SPECIAL LAWS (1)
Whether or not Torres should be held administratively
liable for violating the Code of Professional
 SPECIAL PROCEEDINGS (6)
Responsibility
   TAXATION LAW (6)
HELD: 
 TORTS AND DAMAGES (1)
The Court ruled in the
affirmative. 
   WAIVER OF RIGHTS (1)

A lawyer shall account for the money

or property collected or received for or from his client as laid
CONTACT US
down by Rules
16.01 and 16.03, Canon 16 of the CPR. A lawyer’s failure to return upon demand
the
funds held by him on behalf of his client gives rise to the presumption
that he has appropriated it for his
Name

own use in violation of the trust reposed

in him by his client.
 
Email
*

In the case, Torres misappropriated

the checks issued to his clients by withholding the checks from his
clients and
depositing them to an unauthorized bank without their consent. Such act
constitutes Message
*

dishonesty, abuse of trust and confidence, and betrayal of client’s

interests which he is duty-bound to
protect. His misconduct also made him fall
below the moral bar and has tainted the integrity and dignity
of the legal
profession.
 
Send
WHEREFORE, respondent Nicolas C. Torres is hereby disbarred
from the practice of law and his name
ordered stricken off from the roll of
attorneys.
 
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Project 16 Types Software

Management Engineer

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Project 16 Types Software

Management Engineer

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