A.C. No.
11026, November 29, 2023
Complaint filed by Dauin Point Land Corp. (complainant), a corporation organized and existing under
Philippine laws, against Atty. Richard R. Enojo (respondent), then Provincial Legal Officer of Negros
Oriental, for the alleged violation of the Code of Professional Responsibility (CPR) and the Canons of
Professional Ethics.
On January 15, 2013, Ramon Regalado, through his attorney-in-fact Merlinda A. Regalado,
executed a Deed of Absolute Sale for a 7,081-square-meter parcel of land in Dauin, Negros Oriental, to the
complainant. However, on February 28, 2013, the respondent, using his position as Provincial Legal Officer,
improperly intervened in the complainant’s application for a fencing permit by claiming a portion of the
land as payment for legal services and opposing the application without proper grounds.
Ananias M. Villacorta, Regional Director of the DILG, later criticized the respondent’s opposition
as unfounded. Respondent continued to obstruct the sale by citing a pending case and blamed the
complainant for not consulting his office. Additionally, the respondent used his public office to harass the
complainant through the Philippine National Police, issuing a request for a conference.
The complainant accused the respondent of falsely claiming ownership of the property, using his
office to interfere with the sale, and harassing involved parties for personal gain. The complainant also
filed administrative and criminal actions against the respondent with the Office of the Ombudsman, which
led to charges being filed before the Sandiganbayan. Although the Sandiganbayan initially found the
respondent guilty, the Supreme Court acquitted him on April 6, 2022, due to insufficient evidence of his
influence over the police.
Issue:
For the Court's resolution is the issue of whether respondent must be held administratively liable
as charged.
Ruling:
The Court adopts and approves the findings and recommendation of the IBP Board of Governors,
with modification as to the proper penalties to be imposed upon respondent.
Respondent:
Atty. Richard R. Enojo
Respond of Respondent:
In his Comment/Answer to the Complaint, respondent countered that: One, respondent merely requested
for a conference with Merlinda, complainant, and the latter's counsel, Atty. Ligaya Rubio Violeta, at the
Dauin PNP because the sale of the property included his share on it. Two, respondent wrote a letter to
then Dauin Municipal Planning and Development Coordinator in his capacity as a co-owner of the subject
land. Three, respondent did not engage in champerty as he did not shoulder the costs of litigation on an
agreement that he would receive fees out of the proceeds of a judgment. And last, respondent's letter to
the Municipal Engineer of Dauin was based on his legal knowledge and in his capacity as counsel for the
owner of the subject property.
IBP recommendation and Investigating Commissioner:
In his Report and Recommendation dated August 4, 2022, Investigating Commissioner Sherwin C. De Joya
(Investigating Commissioner) recommended that respondent be suspended from the practice of law for a
period of two (2) years. The Investigating Commissioner made these observations:
The established facts clearly show[ed] that Respondent miserably failed to cope with the strict demands
and high standards, not just of the public office he occupied at that time, but more importantly, that of
the legal profession. Clearly, his act of exerting and flaunting his public office over matters which involved
his claim over a private property that is being disputed speaks well of his integrity, or rather the lack
thereof, to perform his duty as an officer of the court.
