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REPUBLIC OF THE PHILIPPINESSupreme Court

Manila

CINDY MARIE YAP y FERNANDEZ,Complainant,

A.C. No. -versus-

For: Violation of Rule 138 of the Rules of Court and Canon 1and 16 of Code of Professional Responsibility

ATTY. JORT RYAN MANGUBAT y AYALA, Respondent.

x-------------------------------------------------------------------------------------------------xCOMPLAINT-AFFIDAVIT

I, Cindy Marie Yap y Fernandez, of legal age, and with residence address at

Lot 1, Block 1, Filinvest Subdivision, Tumaga-Lunzuran, Zamboanga City, after

having been duly sworn to in accordance with law, hereby respectfully depose and

state:

1. I am a registered nurse and the only child of Ms. Cyndi Marie Yap y

Fernandez, deceased, and I am the only heir of the land property in Sangali,

Zamboanga City with TCT No. 98765 (Annex B), since my mother was

never married;

2. Said property is still on the name of my mother;

3. On January 2, 2015, around 8:30 a.m., My best friend, Ms. Rox Anne A.

Avala, and I went to Alba, Mangubat & Yu Law firm, located in Veterans

Avenue, to seek for legal assistance on my inherited property;

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4. When I entered the said office, I was entertained by the secretary, Ms. Salma

Hayek, and told me to sit down and wait because the attorneys will arrive

anytime soon.

5. Atty. Jort Ryan A. Mangubat, was the first to arrive in the office, and so we

were accommodated by him. We entered his cubicle and he offered us seats.

6. The conversation started when Atty. Mangubat asked us what he can do to

help. I answered that I am looking for an attorney who can legally assist me

in selling some parts of my inherited land property because I needed some

amount of money for my application for work abroad.

7. He asked for the copy of the land title, and since I don’t have a photocopy of

it, I gave him the original copy.

8. He said he is more than willing to help. He called his secretary and asked for

envelop where he put my original copy of the land title, and labeled the

envelope with my name and with my cellphone number.

9. At around 10 a.m., my best friend and I left the Alba, Mangubat & Yu Law

Office.

10. For 3 months, still no update from Atty. Mangubat for I am expecting some

potential buyers through him.

11. On April 5, 2015, at around 1 p.m., I passed by Atty. Mangubat’s office

before heading to the NBI Office to claim my clearance. I asked him if there

are already interested buyers and told him that I badly need an amount

because at that time, I was already processing some requirements for work

abroad.

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12. He said there are already interested buyers, but since the land property was

not yet subdivided, he said he will first subdivide the land so that I can sell

in parts.

13. He also asked me how much I need for my requirements because he is

willing to help financially. He gave me P100, 000 as loan which I accepted

and made me write in a bond paper a promissory note (Annex C) which I

did.

14. On May 15, 2015, Atty. Mangubat called me around 4 p.m. to ask me to go

to his office.

15. When I arrived in his office, he let me sign a deed of sale, but there was no

name yet of who is the buyer. He said that there is one buyer who is very

much interested to buy the land and willing to pay for all the fees. I left right

away after the short conversation.

16. On June 1, 2015, I went to Canada with a 6-month visa. I was able to work

as a nanny and I met Khaled Medium, a Filipino-Canadian, who is now my

fiancé.

17. We decided to settle down here in the Philippines, and we decided to build

our conjugal home in my inherited land property in Sangali, Zamboanga

City.

18. When I came back on January 15, 2016 and went to Atty. Mangubat’s

office, he said he was able to sell some parts of my land property, but the

Register of Deeds cannot issue a transfer certificate of the subdivided

properties, because of my absence, that my signature is needed as the owner.

19. He gave me a check in the amount of P550, 000, and told me it was the

payment of the buyer for the 800 sq. m. lot.

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20. On the same day, I was able to encash the check in Chinabank Zamboanga

Branch and deposited the cash in my Metrobank account in Veterans branch.

21. On February 2, 2016, I received a Subpoena from Sta. Maria Barangay Hall

from one Chaynie Delotina, alleging that I sold a land property which I do

not own, and demanding to return the P750, 000 she paid through Atty. Jort

Ryan Mangubat.

22. Chaynie Delotina was never known to me until we met in the Sta. Maria

Barangay Hall last February 8, 2016, 9 a.m.

23.In front of Hon. Kagawad Abdel Nasser, she showed me a copy of the TCT

No. 98765 with the name Cyndi Marie Fernandez Yap as the owner of the

land property, and she also showed a copy of the death certificate of Cyndi

Marie Fernandez Yap.

24. I told her that Cyndi Marie Fernandez Yap is my mother, and I thought that

Atty. Jort Ryan Mangubat already changed my mother’s name to my name

in the title, and I have no intention to defraud her.

25. She did not believe me and demanded the P750, 000.

26. I told her I only received P550, 000 and I cannot immediately return the

money, being too large in amount, because I have already used up some in

our house construction.

27. Ms. Chaynie Delotina insisted to return the money, or else she will file a

complaint against me.

28. Our second meeting was re-scheduled to February 15, 2016.

29. On the same day, I went to Atty. Jort Ryan Mangubat to tell him the

accusation and demand of Ms. Chaynie Delotina and to ask him for his

explanation.

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30. It seemed that he is ignoring my concerns, and said that I am solely

accountable for the sale transaction. He said that I should return the money

to avoid legal proceedings. I told him that I already used up the amount for

my house construction. He answered that it is already my problem, not his.

He also offered me a loan if I wish to, but he said this time, it would be with

interest.

31. Atty. Jort Ryan Mangubat promised to live, as a lawyer and as an officer of

the court in the administration of justice, he is duty bound to uphold the

constitution, obey the laws of the land and promote respect for law and legal

processes. Also, he should hold in trust all moneys and properties of his

client that may come into his possession. These are very explicit in the Code

of Professional Responsibility:

Chapter I – The Law and Society

Canon 1.

A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE

LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND

LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or

deceitful conduct.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at

defiance of the law or at lessening confidence in the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,

encourage any suit or proceeding or delay any man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a

controversy if it will admit of a fair settlement.

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CHAPTER IV - THE LAWYER AND THE CLIENT

CANON 16

A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND

PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS

PROFESSION.

Rule 16.01 - A lawyer shall account for all money or property collected

or received for or from the client.

Rule 16.02 - A lawyer shall keep the funds of each client separate and

apart from his own and those of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client

when due or upon demand. However, he shall have a lien over the funds

and may apply so much thereof as may be necessary to satisfy his lawful

fees and disbursements, giving notice promptly thereafter to his client.

He shall also have a lien to the same extent on all judgments and

executions he has secured for his client as provided for in the Rules of

Court.

Rule 16.04 - A lawyer shall not borrow money from his client unless the

client's interests are fully protected by the nature of the case or by

independent advice. Neither shall a lawyer lend money to a client

except, when in the interest of justice, he has to advance necessary

expenses in a legal matter he is handling for the client.

32. In this case, Atty. Jort Ryan Mangubat, should have exerted the competence

and diligence in making sure that all the documents for the sale transaction

are correct and complete, which he failed to do so and despite the

irregularities, he accepted the payment of Ms. Chaynie Delotina, the buyer,

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in the amount of P750,000, which only P550,000 was remitted to me, his

client/seller. The client imposed full trust in him, especially because the

client has less knowledge on the legal process of a sale transaction. He took

advantage of his client’s weakness.

33. Under Rule 138 of the Rules of Court, a lawyer may be removed or

suspended on the following grounds:

1. Deceit

2. Malpractice

3. Gross misconduct in the office

4. Grossly immoral conduct

5. Conviction of a crime involving moral turpitude

6. Violation of the Lawyer’s Oath

7. Willfully disobedience of any lawful order of a superior court; and

8. Corruptly or willfully appearing as lawyer for a case without authority

to do so.

34. In this case, he failed to obey the constitution and the laws, and as a

consequence, he failed to conduct himself as a lawyer according to the best

of his knowledge and discretion with all good fidelity to his clients. His act

of not securing first the correct and complete documents and entered into the

sale transaction in behalf of his client, and accepted the payment, constitute

a violation of the Lawyer’s Oath.

35.With these acts and omissions of Atty. Jort Ryan A. Mangubat, he should be

accordingly punished and must suffer the most serious penalty sanctioned by

law.

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36. I am executing this affidavit to attest the truth of the foregoing statements

and in support of my prayer for the DISBARMENT of Atty. Jort Ryan A.

Mangubat, who may be served with notices and other processes from this

Honorable Court through his office address at Alba, Mangubat & Yu Law

Office, Veterans Avenue, Zamboanga City or through his residence

address at Lot 15, Block 5, Villa Theresa Subdivision, Culianan,

Zamboanga City.

IN WITNESS WHEREOF, I hereunto set my hand this 23th day of

February 2016 at Makati City.

CINDY MARIE F. YAP

Affiant