1/12/2020 Mercado vs De Vera – Case Digest Dump

Case Digest Dump

Mercado vs De Vera
December 16, 2017March 2, 2018 | Gracezyl Blanco | legal ethics case, mercado vs de vera

Atty. Carmen Leonor Alcantara, Vicente Mercado, Severino Mercado and

Spouses Jesus and Rosario Mercado vs. Atty. Eduardo De Vera

A.C.
No.
5859

November
23,
2010

Facts: Rosario Mercado won in a civil case with Atty. Eduardo De Vera as her legal counsel. Upon
execution of the decision and collection of bank deposits for Mercado, Atty. De Vera refused to turn
over the proceeds, saying that the money was used to pay court fees and the remaining are his as
attorney’s fees.

Mercado filed a disbarment case against Atty. De Vera for infidelity in the custody and handling
client’s funds. The Integrated Bar of the Philippines sanctioned Atty. De Vera with a suspension of
practice for one (1) year. Following this, Atty. De Vera filed baseless lawsuits against most of the
members of the Mercado Family under different jurisdictions. He also filed cases against IBP
governors who recommended his suspension.

Mercado contents that Atty. De Vera is exploiting their personal family problems just to pursue
unwarranted cases. She also alleged that Atty. De Vera is guilty of forum shopping and harassment
for the filing of baseless charges.

Atty. De Vera contends that he is only exhausting all the available legal remedies, and that the charges
filed against members of the Mercado family were done in good faith.

Issue: Whether or not Atty. De Vera violated the Code of Professional Responsibility by instituting
baseless and unwarranted suits that are only aimed to harass Mercado and her family.

Held: Atty. De Vera was found guilty of violating the lawyer’s oath and the Code of Professional
Responsibility for raising unfounded lawsuits against the Mercado family and several IBP board
members who recommended his suspension.

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1/12/2020 Mercado vs De Vera – Case Digest Dump

Such act is deemed retaliatory and is unbecoming of a member of the bar who should uphold the
integrity, honesty and dignity of the legal profession. Atty. De Vera was disbarred permanently from
practice.

Related Topic: Legal Ethics

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