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NGASEO
FACTS:
Ramos went to Atty. Ngaseo to engage his services as
counsel in a case involving a piece of land. After the Court
of Appeals rendered a favorable judgment ordering the
land to be returned to Ramos and his siblings (such
decision having been final and executor), Atty. Ngaseo
sent a demand letter to Ramos asking for the delivery of a
piece of land which the complainant allegedly promised as
payment for respondents appearance fee.
As a result, Ramos filed before the IBP a complaint
charging Atty. Ngaseo of violation of the CPR for
demanding the delivery of a parcel of land, which was the
subject of litigation. The IBP found Atty. Ngaseo guilty. Atty.
Ngaseo argues that he did not violate Article 1491 CC
because when he demanded the delivery of the piece of
land, the case has been terminated, when the appellate
court ordered the return of the land to the family of Ramos.
ISSUE:
FACTS:
HELD: NO.
Under Par. (5), Art. 1491 of the Civil Code, lawyers
are prohibited from acquiring either by purchase or
assignment the property or rights involved which are the
object of litigation in which they intervene by virtue of their
public/judicial sales. The article provides:
Article 1491. The following persons cannot acquire by
purchase, even at a public or judicial action, either in
person or through the mediation of another: xxx xxx xxx
(5) Justices, judges, prosecuting attorneys, clerks of
superior and inferior courts, and other officers and
employees connected with the administration of justice,
the property and rights in litigation or levied upon an
execution before the court within whose jurisdiction or
territory they exercise their respective functions; this
prohibition includes the act of acquiring by assignment and
shall apply to lawyers, with respect to the property and
rights which may be the object of any litigation in which
they may take part by virtue of their profession.
The prohibition in the aforesaid Article applies only to the
sale or assignment of the property which is the subject of
litigation to the persons disqualified therein. WE have
already ruled that "... for the prohibition to operate, the
sale or assignment of the property must take place during
the pendency of the litigation involving the property."