"The deliberate failure to pay just debts and the issuance of worthless checks constitute gross misconduct, for which a lawyer may be sanctioned with suspension from the practice of law. Lawyers are instruments for the administration of justice and vanguards of our legal system. They are expected to maintain not only legal proficiency but also a high standard of morality, honesty, integrity and fair dealing so that the peoples' faith and confidence in the judicial system is ensured." -SC
SPONSORED
Antecedents |
In February 2016, Atty. Robielos borrowed PHP 240,000 from Kelley and issued a Bank of Commerce check dated June 30, 2016, which was later dishonored due to insufficient funds. Kelley sent a demand letter and they subsequently agreed, in a barangay-mediated settlement on September 13, 2016, that Robielos would pay in installments. Robielos only paid PHP 60,000, leaving a balance of PHP 180,000, prompting Kelley to file a small claims case. The court ruled in favor of Kelley, ordering Robielos to pay the remaining amount with interest. Robielos opposed the execution of this judgment, claiming the check was not intended as payment, but the court dismissed his defense and granted execution, a decision upheld on appeal. Robielos still refused to pay, leading Kelley to file an administrative complaint against him.
RULING |
It is therefore clear that Atty. Robielos has repeatedly engaged in a vicious cycle of borrowing money and later on refusing to pay his debts each time. Too, Atty. Robielos has demonstrated an abject lack of remorse and disrespect to the legal processes. He has displayed impertinence by stubbornly refusing to pay his outstanding obligation, and he has made a mockery of our judicial systems and processes by continuing to evade the writ of execution issued on him.
Worse, he even fabricated a defense that "he was merely returning a favor," without even bothering to expound on what this "favor" entailed.
Evidently, Atty. Robielos has a penchant for violating the provisions of the CPRA, albeit, he had been repeatedly warned that a similar violation will merit a more severe penalty. The Court cannot simply turn a blind eye to Atty. Robielos' repeated and brazen disregard of the provisions of the CPRA and the Lawyer's Oath, or his utter indifference to the values a lawyer ought to live by as a requisite for his continued membership in the Bar.
All told, for his present administrative infraction involving his propensity to issue worthless checks to pay his debts, We deem it proper to impose the ultimate penalty of disbarment on Atty. Robielos.
Once more, We emphasize that membership in the legal profession is a privilege, and whenever it is made to appear that an attorney is no longer worthy of the trust and confidence of his or her clients and the public, it becomes not only the right but also the duty of the Court to withdraw the same as in the case of Atty. Robielos.
ACCORDINGLY, respondent Atty. Cipriano D. Robielos III is found GUILTY of violation of Canons II¹ and III² of the Code of Professional Responsibility and Accountability. He is DISBARRED from the practice of law and his name is ORDERED stricken off from the Roll of Attorneys, effective immediately. He is also meted a FINE in the amount of PHP 35,000.00 for his repeated disobedience to the orders of the Integrated Bar of the Philippines. Finally, he is directed to PAY his debt to complainant Adrian M. Kelley and comply with the Writ of Execution dated April 3, 2017 issued by the Branch 51, Metropolitan Trial Court, Caloocan City. x x x
SO ORDERED.
FOOTNOTES
Canon II of the CPRA aptly provides:
¹ CANON II
PROPRIETY
A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal profession consistent with the highest standards of ethical behavior.
SECTION 1. Proper conduct. — A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.
² CANON III
FIDELITY
Section 2
….
SECTION 2. The responsible and accountable lawyer. — A lawyer shall uphold the constitution, obey the laws of the land, promote respect for laws and legal processes, safeguard human rights, and at all times advance the honor and integrity of the legal profession.
As an officer of the court, a lawyer shall uphold the rule of law and conscientiously assist in the speedy and efficient administration of justice.
As an advocate, a lawyer shall represent the client with fidelity and zeal within the bounds of the law and the CPRA. (Emphasis supplied)
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