A.C. No. 7607 - Arde vs. De Silva

A Complaint for Disbarment was filed on August 20, 2007 by Natural Formula International, Inc., represented by Angel A. Arde, against Atty. Evangeline de Silva.
The complaint alleged grave or gross misconduct in the practice of law, specifically misappropriation of client funds and violation of the Supreme Court’s directive suspending the respondent from the practice of law.

In 2004, the complainant engaged respondent’s legal services for the licensing and registration of its products with the Bureau of Food and Drugs (BFAD).
The complainant disbursed a total amount of PhP 369,416.98 to the respondent as evidenced by vouchers and receipts issued in her name.

The respondent was accused of misappropriating, misapplying, and/or converting into her personal interest the funds, as no Certificate of Product Registration was obtained from the BFAD.
Despite repeated demands by the complainant, the respondent failed to return the funds entrusted to her.
The complainant further filed a criminal complaint for estafa under paragraph 1(b), Article 315 of the Revised Penal Code and was informed by the Office of the Provincial Prosecutor that there was probable cause to charge her with the crime of Other Deceits under Article 318 of the RPC.

It was discovered that when the complainant engaged respondent’s services in 2004, the respondent was already under a two-year suspension from practicing law as imposed by the Court in its July 29, 2003 Decision in Emilio Grande v. Atty. Evangeline de Silva.
On October 10, 2007, the Court ordered respondent to file her comment on the complaint, but she failed to respond despite the notice.
The case was subsequently referred to the Integrated Bar of the Philippines (IBP) for investigation.

On April 27, 2010, the Investigating Commissioner, after examining the evidence, found the respondent guilty of violating the Code of Professional Responsibility and the Lawyer’s Oath.
The Investigating Commissioner recommended the disbarment of the respondent and the deletion of her name from the Roll of Attorneys.
This recommendation was unanimously adopted and approved by the IBP Board of Governors in its Resolution No. XX-2013-97 dated September 28, 2013.

The respondent had previously been found guilty in the Emilio Grande case for similar acts of deceit, including issuing a bouncing check as settlement and failing to file a required comment.
Despite prior findings, she continued to engage in practices that breached her clients’ trust, including her willful practice of law despite a court-mandated suspension.
Her behavior was further marred by a pending criminal case for estafa and an issued warrant of arrest.

Whether the respondent’s handling of client funds, specifically the alleged misappropriation and subsequent failure to return the funds, constituted a violation of the Code of Professional Responsibility and the Lawyer’s Oath.
Whether the respondent’s deliberate engagement in the practice of law despite a prior suspension order amounts to willful disobedience of a lawful court directive.
Whether the imposition of the severe penalty of disbarment by affirming the IBP Resolution was justified under the applicable laws, rules, and jurisprudence given the surrounding facts and the respondent’s prior misconduct.