6/30/2021 E-Library - Information At Your Fingertips: Printer Friendly PAO-QC.[9] Moreover, perusal of the Answer filed by Capinpin in Civil Case No. Q9315901 before the Regional Trial Court of Quezon City (RTC-QC), specifically, paragraphs 13 and 14, shows that Capinpin was present inside the bank, contrary to her claims that Atty. Espiritu left her in the car and prevented her from talking to bank personnel. [10] More importantly, the Answer was signed by Atty. Dionisio Maneja, Jr. as Capinpin's counsel.[11] Atty. Espiritu validly acquired Capinpin's properties, when the latter offered them for sale as she was contemplating on settling down in Germany.[12] They negotiated and agreed on a reasonable price.[13] In 1994, Capinpin requested to repurchase the lot, but Atty. Espiritu did not acquiesce to her offer. Thereafter, from 1995 to 2015, they would see each other from time to time, and Capinpin even sought legal advice from Atty. Espiritu, but he was never retained as counsel.[14] Finally, Atty. Espiritu denied having met Capinpin at Seahorse Hotel because, on February 8, 2014, since he was in Quezon City with a client – Mr. Manuel Utulo – and, in the afternoon was in a Financial Rehabilitation Seminar at Max's Restaurant in Quezon City Circle.[15] On June 22, 2016, the Investigating Commissioner of the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) rendered a report, recommending the dismissal of the complaint for lack of merit,[16] thus: After a thorough and exhaustive evaluation of evidence, the undersigned Commissioner recommends that the complaint be DISMISSED for lack of merit. xxxx Firstly, respondent worked with PAO from July 1990 to April 1994. Contrary to complainant's assertion, documents do not suggest that respondent acted as counsel for Leolenie R. Capinpin in both civil cases involving her and Lydia Sol (Civil Case No O-91-10383 pending before Branch 76 of Quezon City), and BDO (Civil Case No. Q-93-15901). It must be noted that respondent has Special Power of Attorney ("SPA" for brevity) for these cases where he acted as her attorney-in-fact, not as counsel of record. x x x. xxxx Are Public Attorney Office Lawyers allowed to render such work in court as a mere Attorney-in-Fact and not as PAO lawyer? This is an issue better resolved by the Public Attorney's Office under its own rules and regulations. Clearly, complainant neither alleged "conflict of interest" as basis of her complaint, nor proved the same. If respondent is not the counsel of complainant, who is her counsel? Is it Atty. Dionisio Maneja? The undersigned believe so. Even assuming that Atty. Maneja is not authorized by complainant when he filed her Answer in Court, we must take note that complainant ratified his acts when on February 14, 1994, the Honorable Court in Civil Case No. Q-93-15901 for "Sum of Money with Preliminary Attachment" granted the "Joint Motion to Dismiss" filed by https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66573 2/8

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