A.C. No. 11981. July 3, 2018

A.C. No. 11981. July 3, 2018 is a decision 2018 of the Supreme Court.

Lawyer disbarred when it was found that respondent authored a fake decision.

Case Details
Leah B. Taday Vs. Atty. Dionisio B. Apoya, Jr.

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2018/july2018/11981.pdf

Info
On November 17, 2011, while complainant was on vacation in the Philippines and after paying respondent his legal fees amounting to P14,500.00, respondent delivered a Decision dated November 16, 2011 which granted the annulment of complainant's marriage. The said decision was promulgated by a certain Judge Ma. Eliza Becamon-Angeles of RTC Branch 162. Complainant became suspicious as the said decision came from a different branch presided by a different judge where the case was originally filed. Complainant's family became skeptical as the said decision seemed to come too soon and was poorly crafted.

However, instead of withdrawing as counsel, respondent filed an urgent motion to withdraw the petition. In its Order dated June 25, 2012, the RTC Branch 131 granted the said motion and the case was dropped from the civil docket of the court.

The Commission also found that respondent authored a fake decision. It opined that the said decision was fake because it bore the same format and grammatical errors as that of the petition prepared by respondent. The Commission disregarded the defense of respondent that it was complainant's parents who made the fake decision. It stressed that any reasonable mind would know that a fake decision would not benefit complainant. Moreover, complainant's parents continuously paid the legal fees of respondent, which would show their lack of intent to create the fabricated decision.

In its Resolution No. XXI-2015-100 dated January 31, 2015, the IBP Board of Governors (Board) modified the recommended penalty of two (2) years suspension to a penalty of disbarment.

Decision
WHEREFORE, the Court adopts the recommendation of the Integrated Bar of the Philippines Board of Governors and finds Atty. Dionisio B. Apoya, Jr. GUILTY of violating Canon 1, Rule 1.01 and Rule 1.02 of the Code of Professional Responsibility and Section 2, Rule IV of the 2004 Rules on Notarial Practice. He is DISBARRED from the practice of law and his name ordered stricken off the Roll of Attorneys, effective immediately.