LEGAL ETHICS

Coronel Vs. Cunanan

Facts:

May 2005, Complainant initiated a disbarment case against Atty. Nelson Cunanan, alleging that he had
advised and convinced her to engage him for the transfer of the Original Certificate Title and Transfer
Certificate Title, to her name and to the names of her co-heirs by Direct Registration with the Office of
the ROD in violation of proper legal procedure. The ordinary procedure involves transfer by way of
execution of Deed of Extra-judicial settlement, publication, payment of capital gain tax,etc. and
registration with the Registry of Deed, this means may take a period of at least 5 months and an
estimated cost of at least of P56,000. While a Direct Registration involves preparing of documents upon
the advise of the ROD and involved an estimated cost to be negotiated with the officials and employees
of the ROD with a flat rate of P50,000, this means will take only 1 month. Following the engagement, he
had received from her the amount of P70,000 for the payment of the transfer and other fees. He had
not returned the money and the owner’s duplicate copy of the Transfer Certificate of Title.

July 2005, court ordered respondent to comment on the complaint .

July 2006, Court referred this case to the IBP for investigation, report and recommendation.

February 2007, IBP Commission on BAR Discipline set the mandatory conference upon which they
would submit their position papers. Only the complainant submitted her verified position paper.

February 2008, Complainant requested the early resolution of her complainant.

September 2009, Gabriela Coronel submitted an Affidavit of Desistance, she stated that she had
meanwhile made amends with the respondent. Few days later, parties submitted their Joint Motion to
Dismiss.

Issue: Whether or not the actions of the respondent constituted Malpractice, Deceit or Gross
Miscondcut.

Ruling :

Adopts and affirm, the resolution of May 2011 of the IBP- Board of Governors, with modification as to
recommended penalty by suspending respondent Atty. Nelson Cunanan from the practice of law for 1
year effective immediately upon his receipt of this decision.

Return to the complainant the amount of P70,000 within 10 days and to report on his compliance
within 5 days thereafter.