Corazon Nevada vs. Atty.

Rodolfo Casuga

advised Casugas wife to redeem said

jewelries using Mrs. Casugas wife; that
Casuga can sell said jewelries and reimburse
herself from the proceeds; that he still has
possession of said jewelries.

Problem Areas in Legal Ethics Gross

Misconduct Malpractice of Law
Misconduct
In 2007, Corazon Nevada, filed a disbarment
case against Atty. Rodolfo Casuga. Nevada
alleged the following:
1.

2.

That Atty. Casuga acquired several

pieces of jewelry from her; the jewelries
include diamond earrings and diamond rings
amounting P300,000.00. and a Rolex gold
watch worth $12,000.00; that Casuga
assured her that he will sell them; but
despite repeated demands, Casuga never
remitted any money nor did he return said
jewelries.
That in 2006, Casuga, taking
advantage of his close relationship with
Nevada (they belong to the same religious
sect), Casuga represented himself as the
hotel administrator of the hotel (Mt. Crest)
that Nevada own; that as such, Casuga was
able to enter into a contract of lease with one
Jung Chul; that he negotiated an office space
with Chul in said Hotel for P90,000.00; that
Casuga notarized said agreement; that he
forged the signature of Edwin Nevada
(husband); that he never remitted the P90k
to Nevada.
In his defense, Casuga said:

1.

That Nevada actually pawned said

jewelries in a pawnshop; that she later

2.

That he never received the

P90,000.00; that it was received by a certain
Pastor Oh; that he was authorized as an
agent by Edwin Nevada to enter into said
contract of lease.
ISSUE: Whether or not there is merit in
Atty. Casugas defense.

HELD: No. Atty. Casuga is in violation of

the following:
1.
Gross
Misconduct: Casuga
misrepresented himself as a duly authorized
representative of Nevada when in fact he
was not. He never adduced evidence
showing that he was duly authorized either
by Edwin or Corazon. He also dialed to
adduce evidence proving that he never
received the P90k from Chul. On the
contrary, a notarized letter showed that
Casuga did receive the money. His
misrepresentations
constitute
gross
misconduct and his mere denial does not
overcome the evidence presented against
him.
2. Violated Canon 16 of the Code of
Professional Responsibility: It is his duty
as a lawyer to account for all moneys and
property of his client that may come to his
possession. This is still applicable even
though said property/money did not come to

his possession by virtue of a lawyer-client

relationship. He failed to adduce evidence to
prove his claim that Nevada pawned said
jewelries. He never presented receipts.
Further, even assuming that Nevada did
pawn said items, Casuga was still duty
bound to return said jewelries upon demand
by Nevada.
3. Violation of Notarial Rules: He signed a
document (contract of lease) in behalf of
another person without authorization. His
forgery made him an actual party to the
contract. In effect he was notarizing a
document in which he is party in violation of
the notarial rules (Secs. 1 and 3, Rule IV).

4. Malpractice of Law: As a summation of

all the above violations, Casuga is guilty of
Malpractice and Misconduct. Such act is
punishable under Sec. 27, Rule 138 of the
Rules of Court. However, the Supreme
Court deemed that disbarment is too severe
a punishment against Casuga. He was
suspended for 4 years from the practice of
law. His notarial commission was likewise
revoked and he is disqualified to be a notary
public while serving his suspension. The
Supreme Court emphasized: the penalty of
disbarment shall be meted out only when the
lawyers misconduct borders on the criminal
and/or is committed under scandalous
circumstance.