CASE DIGEST
PARTSCH V. VITORILLO
A.C. No. 10897. January
4, 2022
SC EN BANC, HERNANDO J.
Code of Professional Responsibility, Canon 1, Canon 7
DOCTRINE: Being a member of the Bar is not a
license to abuse legal processes or manipulate the law for personal gain. Lawyers’
duty is to act in the best interests of their clients while upholding the rule
of law and maintaining the integrity of the legal profession.
Complainant Tony Peter Partsch filed an
administrative complaint seeking the disbarment of respondent Atty. Reynaldo A.
Vitorillo. Partsch, a Swiss national, wanted to purchase a beachfront property
in Bayabas, Cagayan de Oro, and approached Atty. Vitorillo, who claimed to own
800sqm of the property. Atty. Vitorillo offered to sell the property to Partsch
for P2,500,000.00, with a down payment of P230,000.00 and P20,000.00 in cash.
However, after three months, Atty. Vitorillo failed to deliver the land titles
and provided various excuses. Eventually, he informed Partsch that he was no
longer selling the property. Partsch demanded a refund, but Atty. Vitorillo
refused. The obligation remain unpaid, hence this disbarment case.
Whether or not the lawyer violated the Code of
Professional Responsibility.
YES.
Atty. Reynaldo A. Vitorillo is suspended from the practice of law for three
years. The suspension was imposed based on his deceitful conduct and gross
misconduct, which violated Canons 1 and 7 of the Code of Professional
Responsibility, as well as the Lawyer's Oath. Atty. Vitorillo misrepresented
himself as the absolute owner of a beachfront property to Tony Peter Partsch.
And despite lacking ownership, Atty. Vitorillo offered it for sale and accepted
partial payment. The lawyer also openly mock the law by inducing the foreigner
to purchase the land despite prohibition against foreign ownership of
Philippine private lands. In so doing, Atty. Vitorillo demeaned the integrity
of legal processes and counselled a client at defiance of the law.
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