Scribd
Upload
177 views2 pages

Berbano vs. Barcelona, 410 SCRA 258 (2003)

Atty. Wenceslao Barcelona is accused of malpractice, misconduct, dereliction of duty, and unjust enrichment for collecting 64,000 pesos from Felicitas Berbano and the nephew of a detained person, Porfirio Daen, by claiming he could secure Daen's immediate release through connections to a Supreme Court justice. However, Barcelona did not release Daen and did not return the money. This was not the first time Barcelona made false claims of connections and misrepresented his ability to provide legal assistance in exchange for money. He is found guilty and disbarred from practicing law.

Uploaded by

Ridzanna Abdulgafur
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
177 views2 pages

Berbano vs. Barcelona, 410 SCRA 258 (2003)

Atty. Wenceslao Barcelona is accused of malpractice, misconduct, dereliction of duty, and unjust enrichment for collecting 64,000 pesos from Felicitas Berbano and the nephew of a detained person, Porfirio Daen, by claiming he could secure Daen's immediate release through connections to a Supreme Court justice. However, Barcelona did not release Daen and did not return the money. This was not the first time Barcelona made false claims of connections and misrepresented his ability to provide legal assistance in exchange for money. He is found guilty and disbarred from practicing law.

Uploaded by

Ridzanna Abdulgafur
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

81. Berbano vs.

Barcelona, 410 SCRA 258 (2003)

Facts:

Complainant Felicitas Berbano seeks the disbarment of Atty. Wenceslao Barcelona for Malpractice and
Gross Misconduct Unbecoming a Lawyer, Dereliction of Duty and Unjust Enrichment for collecting
money from the complainant and the nephew of the detained person in the total amount of P64,000.00
for the immediate release of the detainee (Mr. Daen) through his alleged connection with a Justice of
the Supreme Court.

“He informed us that he just came from the city jail where he had a conversation with Mr. Daen. He told
us that he is going to release Mr. Daen from prison tomorrow, February 4, 1999. However, in the
morning of February 4, we learned from the wife of Atty. Barcelona when she returned my call that her
husband had left for Mindanao early that morning on board a private plane owned by Chiongbian
allegedly to attend a peace talk with the Muslims.

After more than a week, I went to Putatan, Muntinlupa, because I was informed by the son of Mr. Daen
that he saw Atty. Barcelona there. When I saw him, I confronted him about his undertaking to release
Mr. Daen from prison, but he only advised us not to worry and promised (again) that he will return the
entire amount of P64,000.00 more or less, on Thursday, February 18, 1999. But I never saw him again
since then. I have repeatedly paged him to return my call but he never returned any of my calls.”

Issue:

WON the Atty. Barcelano should be disbarred.

Ruling:

Yes. This is not the first time that respondent has been charged with and found guilty of conduct
unbecoming a lawyer. In Gil T. Aquino vs. Atty. Wenceslao C. Barcelona,[25] respondent misrepresented
to the complainant that he could secure the restructuring of the complainant's loan with the PNB
through his connection with a certain Gonzalo Mericullo, legal assistant in the PNB. Based on such
misrepresentation, respondent asked and received the amount of P60,000.00 from the complainant
allegedly to be paid to the PNB. It turned out that there was no such employee in the PNB by the name
Gonzalo Mericullo and the complainant's property was eventually foreclosed. As in the present case,
respondent did not appear before the IBP Commission on Bar Discipline despite receipt of the notices
sent and duly received by him.

Respondent has demonstrated a penchant for misrepresenting to clients that he has the proper
connections to secure the relief they seek, and thereafter, ask for money, which will allegedly be given
to such connections. In this case, respondent misrepresented to complainant that he could get the
release of Mr. Porfirio Daen through his connection with a Supreme Court Justice. Not only that,
respondent even had the audacity to tell complainant that the Justices of the Supreme Court do not
accept checks.

WHEREFORE, for gross misconduct, respondent Wenceslao C. Barcelona is DISBARRED from the
practice of law. His name is ordered STRICKEN from the Roll of Attorneys. He is further directed to
return to complainant Felicitas Berbano the amount of Sixty Four Thousand Pesos (P64,000.00) within
thirty (30) days from notice of this Decision.

You might also like