G.R. No. A.C. No. 7936, June 30, 2020
IN RE: PETITION FOR THE DISBARMENT OF ATTY. ESTRELLA O. LAYSA, PATRICIA MAGLAYA OLLADA, Complainant, vs. ATTY. ESTRELLA O. LAYSA, Respondent.

FACTS

Complainant Patricia Maglaya Ollada, a senior citizen, engaged the legal services of respondent Atty. Estrella O. Laysa to address a problem with her lessor. Atty. Laysa prepared a demand letter dated December 27, 2006. After receiving the lessor’s response, complainant instructed Atty. Laysa to file a case and issued a check for P35,000.00 as payment, which was encashed on January 8, 2007. Thereafter, Atty. Laysa ceased all communication and provided no updates on the case. Due to poor health, complainant lost interest in pursuing the case and demanded the return of the balance of P30,000.00 (P5,000.00 was deducted for the initial demand letter) through letters dated July 24, 2007, and August 21, 2007. The latter demand was received by Atty. Laysa’s office secretary per a PhilPost certification. Atty. Laysa ignored these demands. Complainant filed a disbarment petition on May 29, 2008.
During the proceedings, Atty. Laysa failed to file her comment despite court orders, and notices sent to her address were returned unserved because she had moved without updating her address with the Integrated Bar of the Philippines (IBP), as required by the IBP By-Laws. The IBP investigation revealed that Atty. Laysa had not paid her IBP membership dues since 2004 and was non-compliant with the Mandatory Continuing Legal Education (MCLE) requirements for her second to fifth compliance periods (2004-2016). She also failed to attend mandatory conferences or submit required briefs and position papers.
The IBP Investigating Commissioner recommended disbarment. The IBP Board of Governors modified this to indefinite suspension and a P5,000.00 fine for non-payment of dues and MCLE non-compliance.

ISSUE

Whether Atty. Estrella O. Laysa should be disciplined for professional misconduct, including neglect of a legal matter, failure to account for and return client funds, non-payment of IBP dues, non-compliance with MCLE requirements, and failure to update her address with the IBP.

RULING

The Supreme Court found Atty. Laysa guilty of multiple violations. She violated Rule 18.03, Canon 18 of the Code of Professional Responsibility (CPR) by neglecting a legal matter entrusted to her. She violated Rule 16.01, Canon 16 of the CPR by failing to account for and return the client’s money, thereby misappropriating the P30,000.00 for her own use. She also breached her duties as a lawyer by not paying IBP dues since 2004, not complying with MCLE requirements for multiple periods, and failing to update her office and residence addresses with the IBP as required by Section 19 of the IBP By-Laws, which hindered the service of court processes.
The Court modified the IBP’s recommended penalty. Instead of disbarment or indefinite suspension, the Court imposed a three-year suspension from the practice of law, effective immediately, subject to her compliance with MCLE requirements, payment of IBP dues, and updating her IBP registration. She was also ordered to pay a fine of P5,000.00 for the dues and MCLE violations. Furthermore, she was ordered to return P30,000.00 to the complainant with interest at 12% per annum from January 8, 2007, until June 30, 2013, and 6% per annum from July 1, 2013, until full payment, and to submit proof of payment within ten days.