SC exonerates abogado accused by condo firm of conflict of interest, failing to account for P20M
The Supreme Court (SC) has dismissed the disbarment complaint filed by BSA Tower Condominium Corporation against abogado Alberto Celestino Reyes II
In a recent 6-page decision, the SC 2nd Division said BSA Tower failed to prove its allegation that Reyes only accounted for P5 million of the P25 million set aside for legitimate expenses in settling its real estate tax problems.
It noted that the Makati Regional Trial Court Branch 133 already found that BSA Tower was actually liable to pay Reyes his P1.92 million share from the P21 million saved by BSA Tower when the lawyer took care of its tax problems.
The SC also did not give credence to BSA Tower’s complaint that Reyes violated the rule on conflict of interest by representing resident Marietta Ilusorio for her complaint for reimbursement.
It found no convincing evidence that Reyes used confidential information obtained from BSA Tower when he represented Ilusorio.
The SC said BSA Tower’s disbarment complaint was “just a mere attempt to bring the courts’ rulings for an indirect review through an administrative case.”
“To rule that there is conflict of interest and that there is· misappropriation of BSA Tower’s funds would, in effect, reverse the rulings of the lower courts,” read the decision penned by Associate Justice Diosdado Peralta.
It added that an attorney is presumed to be innocent until proven guilty, and presumed to have performed his duty in accordance with his oath.