7/7/2021
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All of these occurred after Merlina hired the services of Atty. Adame as her lawful
attorney-in-fact and caused the latter to file the NLRC Complaint on May 3, 2011 and
the annulment of tbe Retainer Contract by Merlina through a Revocation of Retainer
Contract dated May 24, 2011.
In Linsangan v. Atty. Tolentino,[39] Rule 8.02, Canon 8 of the CPR mandates that a
lawyer "should not steal another lawyer's client nor induce the latter to retain him by a
promise of better service, good result or reduced fees for his services."
Not having been engaged by the client to appear before the NLRC, Atty. Sevandal had
no authority to enter his appearance as counsel and encroach on the services of
another lawyer. He also had no right to receive the amount of P300,000.00 as
attorney's fees awarded by the NLRC.
In the cases of Likong v. Lim[40] and Cahanap v. Palangan,[41] the Court disciplined
and imposed a penalty of one (1)-year suspension from the practice of law on a lawyer
for violating Rule 8.02, Canon 8 of the CPR.
Just like in these cases, We modify in this case the recommendation of penalty by the
IBP from a suspension of two (2) years from the practice of law to one (1)-year
suspension. Also, aside from violating Rule 8.02, Atty. Sevandal demanded and
received a substantial amount of money not due to him. Thus, Atty. Sevandal should
return the amount of P300,000.00 to Merlina.
WHEREFORE, the Court finds Atty. Virgilio A. Sevandal GUILTY of Encroaching the
Professional Services of Atty. Melita B. Adame. He is hereby SUSPENDED from the
practice of law for ONE (1) YEAR, effective upon receipt of this Decision and directed
to RETURN the amount of P300,000.00 to Merlina B. Sevandal. He is likewise
WARNED that a repetition of the same or similar acts shall be dealt with more
severely.
Let a copy of this Decision be furnished to the Office of the Bar Confidant to be
appended to complainant's personal record, the Integrated Bar of the Philippines, the
Public Information Office and the Office of the Court Administrator for circulation to all
courts for their information and guidance. Likewise, a Notice of Suspension shall be
prominently posted in the Supreme Court website as a notice to the general public.
Atty. Virgilio A. Sevandal, upon receipt of this Decision, shall forthwith be suspended
from the practice of law and shall formally manifest to this Court that his suspension
has started. He shall furnish all courts and quasi-judicial bodies where he has entered
his appearance a copy of this Decision.
SO ORDERED.
Leonen (Chairperson), Hernando, and Rosario, JJ., concur.
Inting, J., on official leave.
March 25, 2021
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66937
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