1) A.C. No.

6210 December 9, 2004 Respondent argues that he did not violate Article
Federico N. Ramos vs. Atty. Patricio 1491 of the Civil Code because when he
demanded the delivery of the 1,000 sq. m. of land
A. Ngaseo which was offered and promised to him in lieu of
the appearance fees, the case has been
terminated, when the appellate court ordered the
Facts:
return of the 2-hectare parcel of land to the family
of the complainant.
Federico N. Ramos filed a complaint before the IBP
charging his former counsel, respondent Atty.
Issue:
Ngaseo, of violation of the Code of Professional
Responsibility for demanding the delivery of 1,000
WON the demands made by Atty. Patricio A.
sq. m. parcel of land which was the subject of
Ngaseo constitute a violation of Art. 1491 of the
litigation.
New Civil Code.
Federico Ramos alleged that he went to
respondent Atty. Patricio Ngaseos to engage his
Held:
services as counsel in a case involving a piece of
land. Respondent agreed to handle the case for an
In all cases where Article 1491 was violated, the
acceptance fee of P20,000.00, appearance fee of
illegal transaction was consummated with the
P1,000.00 per hearing and the cost of meals,
actual transfer of the litigated property either by
transportation and other incidental expenses.
purchase or assignment in favor of the prohibited
Complainant alleges that he did not promise to pay
individual.
the respondent 1,000 sq. m. of land as appearance
fees.
In the instant case, there was no actual acquisition
of the property in litigation since the respondent
Complainant went to the respondent’s office to
only made a written demand for its delivery which
inquire about the status of the case. Respondent
the complainant refused to comply. Mere demand
informed him that the decision was adverse to them
for delivery of the litigated property does not cause
however respondent assured him that they could
the transfer of ownership, hence, not a prohibited
still appeal the adverse judgment and asked for the
transaction within the contemplation of Article 1491.
additional amount of P3,850.00 and another
Even assuming arguendo that such demand for
P2,000.00 as allowance for research made.
delivery is unethical; respondents act does not fall
within the purview of Article 1491. The letter of
Respondent claims that after the trial court
demand was made long after the judgment in Civil
dismissed Civil Case No. SCC 2128, he filed a
Case became final and executory.
timely notice of appeal and thereafter moved to be
discharged as counsel because he had colon
cancer. Complainant, now assisted by one Johnny
Ramos, implored respondent to continue handling
the case, with an offer to double the 1,000 sq. m.
piece of land earlier promised and the remaining
balance of P20,000.00 acceptance fee. Johnny
Ramos made a written commitment and gave
respondents secretary P2,000.00 of the P3,850.00
expenses for the preparation of the appellants brief.

The Court of Appeals rendered a favorable decision

ordering the return of the disputed 2-hectare land to
the complainant and his siblings. The said decision
became final and executory on January 18, 2002.
Since then complainant allegedly failed to contact
respondent, which compelled him to send a
demand letter on January 29, 2003.