Case Digest (A.C. No. 3806)
Facts:
On February 3, 1992, Araceli S. De Jesus filed a sworn letter-complaint against Atty. Consuelo Collado, a Court Attorney IV in the Office of the Clerk of Court of the Supreme Court, alleging that Collado issued nine bouncing checks amounting to ₱243,063.75. The charges implied that Collado's actions manifested conduct unbecoming of a public servant and a member of the Bar. Following the initial complaint, De Jesus filed another sworn letter-complaint on March 10, 1992, seeking Collado's disbarment for the same alleged deceitful acts. The Chief Administrative Officer of the Supreme Court, Atty. Adelaida C. Baumann, was served with a copy of the first complaint, which resulted in initiating an administrative investigation against Collado for potential violations of the Civil Service Law. A series of notices were sent to Collado to submit comments on the allegations; however, she failed to respond to the initial requests and deadlines set by the Supreme Court. Eventually, she did sCase Digest (A.C. No. 3806)
Facts:
- Complaint Filed: Araceli S. De Jesus filed a sworn letter-complaint on 3 February 1992, charging Atty. Consuelo Collado, a Court Attorney IV in the Supreme Court, with issuing nine (9) bouncing checks totaling P243,063.75. The complaint alleged that this act was deceitful and unbecoming of a public servant and member of the Bar.
- Second Complaint: On 10 March 1992, De Jesus filed another sworn letter-complaint seeking the disbarment of Atty. Collado for the same act.
- Administrative Investigation: The Chief Administrative Officer of the Supreme Court, Atty. Adelaida C. Baumann, required Atty. Collado to submit her comment on the complaint. Despite multiple notices, Atty. Collado failed to submit any comment or answer.
- Disbarment Proceedings: The Supreme Court required Atty. Collado to submit a comment on the disbarment complaint. She complied with a two-page comment after considerable delay.
- Hold-Departure Order: The Court issued a hold-departure order to prevent Atty. Collado from leaving the country, based on De Jesus' motion.
- Affidavit of Desistance: On 5 August 1992, De Jesus submitted an affidavit of desistance, stating that she no longer wished to pursue the administrative and criminal cases against Atty. Collado, as the latter had fully paid her obligations by replacing the dishonored checks with cash.
- Criminal Cases: Atty. Collado faced nine criminal charges for estafa or violation of B.P. Blg. 22 (Bouncing Checks Law). These cases were still pending at the time of the Supreme Court's resolution.
- Admissions: Atty. Collado admitted to issuing postdated checks without sufficient funds, claiming her buyers failed to remit payments. She argued that her transactions with De Jesus were private and unrelated to her role as a public servant or member of the Bar.
Issues:
- Whether Atty. Consuelo Collado's issuance of bouncing checks constitutes serious misconduct warranting disciplinary action as a member of the Bar.
- Whether her actions also warrant dismissal from the civil service for serious misconduct.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)