Viray v. Sanicas

DEL CASTILLO, J.:

This is a verified Complaint for Disbarment/Gross Immoral Conduct1 filed with this Court on September 18, 2006 by complainant Rolando Viray (complainant) against respondent Atty. Eugenio T. Sanicas (respondent). Factual Antecedents Complainant alleges that he engaged the services of respondent relative to a labor case2 he filed against Ester Lopez and Teodoro Lopez III (spouses Lopez). On February 26, 2001, the Labor Arbiter ruled in favor of complainant and disposed of the case as follows: WHEREFORE, premises considered, judgment is hereby rendered ordering respondents Ester Lopez and Teodoro Lopez III to pay complainant Rolando Viray of the following, to wit: 1.

Backwages ........................... ₱146,726.67 2. Separation Pay .........................

24,000.00 3. Service Incentive Leave Pay ......... .1,538.46 4.

Attorney's Fees ........................ .17,226.51 or a total amount of One Hundred Eighty Nine Thousand Fom Hw1dred Ninety One Pesos & 64/100 (Pl89,491.60) [sic] to be deposited with the Cashier of this Office, wjthin ten (10) days from receipt hereof All other claims are hereby denied for lack of merit. SO ORDERED.3 Subsequently, an Alias Writ of Execution4 was issued relative to aforesaid decision.

During the implementation of said writ, however, complainant discovered that respondent had already collected the total amount of ₱95,000.00 from spouses Lopez. Respondent received said amount in the following manner: Date Voucher No. Amount Purpose 0210512004 7802 ₱20,000.00 Attorney's fees 02/13/2004 7833 10,000.00 Partial payment for judgment 0212612004 7848 10,000.00 Partial payment for judgment 03/12/2004 7894 20,000.00 Partial payment for judgment 0410212004 7932 5,000.00 Partial payment for judgment 0410612004 7941 5,000.00 Partial payment for judgment 04/13/2004 7944 5,000.00 Partial payment for judgment 04/16/2004 7954 10,000.00 Partial payment for judgment 0413012004 7977 10,000.00