Corazon Nevada vs. Atty. Rodolfo Casuga he was not.

He never adduced evidence showing that he

Problem Areas in Legal Ethics – Gross Misconduct –
Malpractice of Law – Misconduct
In 2007, Corazon Nevada, filed a disbarment case against
Atty. Rodolfo Casuga. Nevada alleged the following:
That Atty. Casuga acquired several pieces of jewelry
from her; the jewelries include diamond earrings and
diamond rings amounting P300,000.00. and a Rolex gold
watch worth $12,000.00; that Casuga assured her that he
will sell them; but despite repeated demands, Casuga
never remitted any money nor did he return said
jewelries.
That in 2006, Casuga, taking advantage of his close
relationship with Nevada (they belong to the same
religious sect), Casuga represented himself as the hotel
administrator of the hotel (Mt. Crest) that Nevada own;
that as such, Casuga was able to enter into a contract of
lease with one Jung Chul; that he negotiated an office
space with Chul in said Hotel for P90,000.00; that Casuga
notarized said agreement; that he forged the signature of
Edwin Nevada (husband); that he never remitted the P90k
to Nevada.
In his defense, Casuga said:
That Nevada actually pawned said jewelries in a
pawnshop; that she later advised Casuga’s wife to redeem
said jewelries using Mrs. Casuga’s wife; that Casuga can
sell said jewelries and reimburse herself from the
proceeds; that he still has possession of said jewelries.
That he never received the P90,000.00; that it was
received by a certain Pastor Oh; that he was authorized as
an agent by Edwin Nevada to enter into said contract of
lease.
ISSUE: Whether or not there is merit in Atty. Casuga’s
defense.
was duly authorized either by Edwin or Corazon. He also
dialed to adduce evidence proving that he never received
the P90k from Chul. On the contrary, a notarized letter
showed that Casuga did receive the money. His
misrepresentations constitute gross misconduct and his
mere denial does not overcome the evidence presented
against him.
2. Violated Canon 16 of the Code of Professional
Responsibility: It is his duty as a lawyer to account for
all moneys and property of his client that may come to his
possession. This is still applicable even though said
property/money did not come to his possession by virtue
of a lawyer-client relationship. He failed to adduce
evidence to prove his claim that Nevada pawned said
jewelries. He never presented receipts. Further, even
assuming that Nevada did pawn said items, Casuga was
still duty bound to return said jewelries upon demand by
Nevada.
3. Violation of Notarial Rules: He signed a document
(contract of lease) in behalf of another person without
authorization. His forgery made him an actual party to the
contract. In effect he was notarizing a document in which
he is party in violation of the notarial rules (Secs. 1 and 3,
Rule IV).
4. Malpractice of Law: As a summation of all the above
violations, Casuga is guilty of Malpractice and
Misconduct. Such act is punishable under Sec. 27, Rule
138 of the Rules of Court. However, the Supreme Court
deemed that disbarment is too severe a punishment
against Casuga. He was suspended for 4 years from the
practice of law. His notarial commission was likewise
revoked and he is disqualified to be a notary public while
serving his suspension. The Supreme Court emphasized:
the penalty of disbarment shall be meted out only when
the lawyer’s misconduct borders on the criminal and/or is
committed under scandalous circumstance.

HELD: No. Atty. Casuga is in violation of the following:

1. Gross Misconduct: Casuga misrepresented himself as
a duly authorized representative of Nevada when in fact