Wednesday, September 01, 2004 CA upholds CH lawyer’s suspension over P150T ‘gift’ from association
THE Court of Appeals has affirmed the Office of the Ombudsman-Visayas’ suspension of a Cebu City Hall lawyer who allegedly received a P150,000 gift from a homeowners’ association.
The association was officially represented by the Office of the City Attorney.
In a decision, penned by Cebuano Associate Justice Isaias Dicdican, the appellate court said Assistant City Attorney Ralph Sevilla’s petition for certiorari against the anti-graft office cannot be granted.
Jurisdiction
“A petition for certiorari… could prosper only if there is showing of grave abuse of discretion or an act without or in excess of jurisdiction on the part of the public respondents,” stated the 18th division of the Court of Appeals, based in Cebu City.
The anti-graft office resolved on Jan. 18, 2000 to suspend Sevilla for a month and charge him criminally before the Regional Trial Court for accepting a P150,000 fee for the settlement of an ejectment case that he handled as city legal officer.
Settlement
In his seven-page resolution, Graft Investigator Allan Francisco Garciano cited Sevilla for violations of the Code of Conduct and Ethical Standards for Public Officials and Employees.
That ejectment case was between the Sanciangko Riverside Homeowners’ Association Inc. (Sarihai) and the heirs of Rosario Gonzales.
Sarihai president Roque Diaz had said that while they had their own lawyer draft the settlement and file it before the court, they sought the assistance of City Hall to ensure its speedy approval.
Sevilla was the lawyer assigned by the City.
When the court approved the settlement, it ruled that lawyers involved in the case be awarded P150,000 each.
Diaz said he objected to Sevilla receiving the amount because he was not a party to the case.
Court order
However, the lawyer took the money anyway.
Sevilla, in his counter-affidavit, admitted he accepted the money as it was given to him on the order of the court.
He said that while his participation in the case was as a City Hall lawyer, Sarihai contracted his services during the second round of negotiations.
Garciano, however, said Sevilla failed to prove that his services were indeed contracted. Sevilla even signed the settlement covenant as assistant city attorney.
Reconsideration
Sevilla filed a motion for reconsideration but was denied in an order dated March 13, 2000. He then filed the petition for certiorari before the Court of Appeals.
“As correctly held by the public respondents, petitioner received the amount of P150,000 as attorney’s fees in connection with a court-approved settlement in an ejection case in the course of his official duties as Assistant City Attorney of the City of Cebu.” Dicdican’s ruling said. (KNR)
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