In re: Atty. Leon G.

Maquera
Canon 17 | 30 Jul 2004 | Tinga, J.
Nature of Case: Petition for Disbarment
Petitioner: Bar Confidant Atty. Erlinda C. Verzosa (as referred by Guam
Bar Ethics Committee)
Respondent: Atty. Leon G. Maquera
SUMMARY: Atty Maquera was suspended for acquiring property by
assignment of right of redemption and selling the property for a
huge profit that violates Philippine law or the standards of ethical
behavior for members of the Philippine Bar and thus constitute
grounds for his suspension or disbarment in this jurisdiction
DOCTRINE: A member of the Philippine Bar who was disbarred or
suspended from the practice of law in a foreign jurisdiction where he
has also been admitted as an attorney may be meted the same
sanction as a member of the Philippine Bar for the same infraction
committed in the foreign jurisdiction
FACTS:
Atty. Leon Maquera was admitted to the Philippine Bar in 1958.
On October 18, 1974, he was admitted to practice law in the
territory of Guam. Afterwards, however, he was suspended from
the practice of law in Guam for misconduct.
Atty. Leon Maquera was suspended for 2 yrs in Guam.
o He was the lawyer of Castro, who owes a sum of money
to Edward Benavente. Castros property was to be sold
at a public auction in satisfaction of his obligation to
Benavente. Castro, in consideration of Maqueras legal
services, entered into an oral agreement wherein he
assigned his right of redemption to Atty. Maquera
o Maquera was able to redeem the property at $525
(Castro owed Benavente $500). He then sold it for
$320,000
o Guam SC-found that atty-client relationship was still in
place when he purchased the property for $525
(Maquera claimed that when he bought the property
atty-client already ended)
o That he profited too much-lawyers fees only $45,000
Note that Atty Maquera was suspended in 1996
IBP investigated and sent Notice of Hearing but it was returned
unserved.
Atty. Maquera has moved from his last known
residence in Guam.

2003-IBP
submitted
to
the
court
its
Report
and
Recommendation-indefinitely suspending Maquera until and
unless he updates and pays his IBP membership dues in full

ISSUE/S & RATIO:

1. W/N A member of the Philippine Bar who was disbarred or
suspended from the practice of law in a foreign jurisdiction
where he has also been admitted as an attorney may be meted
the same sanction as a member of the Philippine Bar for the
same infraction committed in the foreign jurisdiction? YES; but
he has the right to be heard in this jurisdiction.
Maqueras acts in Guam (which resulted in his 2-yr
suspension) are also valid grounds for his suspension in
the Philippines. Such acts are violative of a lawyers
sworn duty to act with fidelity toward his client.
Specifically in violation of Canon 17 a lawyer owes
fidelity to the cause of his client and shall be mindful of
the trust and confidence reposed in him.
Suspension in Guam does not automatically make him
suspended in the Philippines, only if the grounds for his
suspension in Guam includes any of the grounds (acts or
omission constituting deceit, malpractice or other gross
misconduct, grossly immoral conduct or a violation of the
lawyers oath) for his disbarment in the Philippines, 27,
Rule 138 RoC
Due process demands that he should be given
opportunity to defend himself and to present testimonial
documentary evidence, Rule 139-B RoC. Said rule
mandates that a respondent lawyer must in all cases be
notified of the charges against him. It is only after
reasonable notice during the scheduled investigation
that an investigation may be conducted ex parte.
Court notes that he has yet been able to adduce
evidence on his behalf and that he has not yet received
his Notice of Hearing
RULING: SUSPENDED 1 yr or until he pays his membership dues. Atty.
Maquera required to show cause why he should not be suspended. Bar
confidant directed to locate his current location and serve him copy of
Resolution.