SHIRLEY K. TIWAKEN VS. ATTY. JURGENS SJ. MILAN
- G.R. Number: A.M. No. P-21-028
- Promulgated: 2025-07-08
Doctrine
## Facts of the Case Shirley K. Tiwaken filed a complaint for dismissal and disbarment against Atty. Jurgens SJ. Milan, Clerk of Court V of the RTC, La Trinidad, Benguet, alleging gross unlawful and unethical conduct. Tiwaken, as attorney-in-fact for Helen Fossar Stewart, was pursuing a collection case against Julia Fianza. She claimed Atty. Milan, a government lawyer and her townmate, repeatedly contacted her starting June 23, 2015, convincing her to turn over original land titles belonging to Julia Fianza, including TCT No. 016-2011003045, for "safekeeping." Tiwaken stated that she gave him three original titles on June 25, 2015, for which he immediately demanded and received PHP 10,000 for "safekeeping services." She further alleged that on three separate occasions in July and August 2015, Atty. Milan demanded and received PHP 10,000 each (totaling PHP 30,000) for "monitoring" her case and ensuring a favorable decision. In October 2015, he allegedly demanded and received another PHP 5,000 for "following up" the case. On December 11, 2015, he asked for money for the sheriff, claiming the decision was ready, which Tiwaken later verified to be false. On January 14, 2016, Tiwaken discovered that TCT No. 016-2011003045, which she entrusted to Atty. Milan, was used in a Deed of Sale. When confronted, Atty. Milan admitted releasing the title for PHP 20,000. It was later found that he released all three titles, including two not subject to the writ of execution, to Julia Fianza and her brother on June 30, 2015, despite telling Tiwaken he was keeping them for safekeeping and securing money for such. Tiwaken also found an acknowledgment receipt signed by Atty. Milan and Julia Fianza confirming the release of the titles on June 30, 2015. Atty. Milan initially ignored OCA directives to comment on the complaint for over two years, prompting the OCA to recommend a show cause order. He eventually submitted a comment, denying the charges and claiming he obtained TCT No. 016-2011003045 transparently as part of his duty as acting ex-officio provincial sheriff to enforce a writ of execution from a separate MTC case. He also claimed Tiwaken voluntarily surrendered the other two titles and that he released all titles to Julia Fianza and her brother in compliance with court orders or due to familial request, without personal gain. An investigation by Executive Judge Marietta S. Brawner-Cualing found Atty. Milan guilty of multiple serious charges and recommended his dismissal and disbarment. ## Issues 1. Whether Atty. Jurgens SJ. Milan violated Republic Act No. 6713, the Code of Professional Responsibility (now Code of Professional Responsibility and Accountability), and the Code of Conduct for Court Personnel through his actions. 2. Whether Atty. Jurgens SJ. Milan should be held administratively liable for his non-compliance with the directives of the Office of the Court Administrator. ## Decision / Rationale **Issue 1:** The Court found Atty. Milan **guilty** of grave misconduct, dishonesty, and conduct prejudicial to the best interest of the service, warranting his dismissal and disbarment. The Court applied the **Code of Professional Responsibility and Accountability (CPRA)** retroactively, as allowed by its transitory provision. Atty. Milan's actions were highly irregular: * He failed to indicate in his Sheriff's Return that the title subject of the writ of execution was in Tiwaken's possession. * He improperly obtained TCT No. 016-201100204, as well as OCT Nos. 21252 and 21221, from Tiwaken, a person not subject to the writ, under the false pretense of "safekeeping." * He made unlawful demands for money: PHP 10,000 for "safekeeping," a total of PHP 35,000 to "follow up" a case, and PHP 25,000 claiming a decision was rendered. * He misrepresented that he had authority to influence the outcome of a court case and conduct "follow-ups." * He made an unauthorized release of OCT Nos. 21252 and 21221 to Arthur Sabey, despite these not being…
Keywords
shall, public, julia, title, atty., lawyer, conduct, milan, same, fianza, office, section, trinidad,, writ, shirley