Supreme Court disbars Oro lawyer

THE Supreme Court (SC) last week orders the disbarment of Kagay-anon lawyer Elmer Dela Rosa for gross misconduct.

Dela Rosa was disbarred for violating the Code of Professional Responsibility (CPR) for breaching his fiduciary duties “all because of money for the second time”.

In its decision issued last November 14, the SC said Dela Rosa has already been warned and was suspended for three years in 2016, for borrowing a substantial amount of money from his client-spouses.

“He is again caught up in a similar situation involving substantial amounts of money affecting this time his Client-Cooperative and its farmer-beneficiaries,” the decision said.

The SC quoted famous author Paulo Coelho that “a mistake repeated more than once is a decision”.

In 1997, Palalan CARP Farmers Multi-Purpose Cooperative hired Dela Rosa in a civil case involving the annulment of a transfer certificate of title over a 111.4 hectare land situated in Barangay Lumbia, Cagayan De Oro City, in the cooperative’s name.

In 2002, the cooperative executed a special power of attorney (SPA) authorizing lawyer Dela Rosa to do certain acts but revoked the same in 2007.

Despite the revocation of the SPA, lawyer Dela Rosa still brokered the sale of the property.

“Atty. Dela Rosa did not dispute that he processed the sale and paid the farmer-beneficiaries their respective shares in the purchase price,” the decision stated.

The SC said Dela Rosa acted with corrupt intent to flagrantly disregard established ethical rules, and his conduct amounts to grave misconduct.

The SC adopted the IBP-Board of Governors resolution that Dela Rosa preferred to protect his own personal pecuniary interest over the interest of his client and its members.

The SC added that the lawyer had proven himself disloyal to his client - exploitative, untrustworthy, and a double-dealer.

In a Facebook post, Dela Rosa issued a cryptic message.

“You have heard the story. Determine its truth in your hearts,” he said.

Dela Rosa ran as city councilor in 2015, under the slate of incumbent 2nd District Representative Rufus Rodriguez.