Case Digest (A.C. No. 4838)
Facts:
Emilio Grande v. Atty. Evangeline De Silva, A.C. No. 4838, July 29, 2003, the Supreme Court En Banc, Ynares‑Santiago, J., writing for the Court.Complainant Emilio Grande was the private offended party in Criminal Cases Nos. 96‑1346 to 96‑1353 before the Regional Trial Court of Marikina City, Branch 273, entitled People of the Philippines v. Sergio Natividad; Atty. Evangeline De Silva (respondent) was counsel for the accused. During those criminal proceedings respondent tendered her personal Check No. 0023638 for P144,768.00, drawn on her account at the Philippine National Bank, as settlement of the civil liability of her client. Complainant at first refused the check but, after respondent assured him it would be paid on presentment and that she would not issue a check without sufficient funds, he accepted it and ceased participation as complaining witness, which resulted in dismissal of the criminal cases and the release of Sergio Natividad.
When complainant deposited the check it was dishonored by the drawee bank with the reason "Account Closed." On June 19, 1997 complainant demanded payment from respondent, who ignored the demand. Complainant then filed a criminal complaint with the Office of the City Prosecutor of Marikina (docketed I.S. No. 97‑1036); on September 22, 1997 the City Prosecutor filed an information against respondent for violation of Batas Pambansa Blg. 22 (the Bouncing Check Law).
Separately, on November 10, 1997 complainant filed an administrative complaint for disbarment against respondent alleging deceit and violation of the Lawyer’s Oath. The Integrated Bar of the Philippines (IBP) sent a resolution on February 2, 1998 requiring respondent to comment, addressed to Carmelo Compound, Mayamot, Antipolo City, but it was returned "Moved." The IBP obtained a later address at 274 M.H. Del Pilar Street, Pasig City; a subsequent June 20, 2001 resolution served there was returned "Refused." The case was then referred to the IBP Commission on Bar Discipline (IBP‑CBD) for investigation, report and recommendation.
Investigating Commissioner Florimond C. Rous, in a Report dated December 6, 2001, found respondent guilty of deceit, gross misconduct and violation of the Lawyer’s Oath, and recommended suspension from the practice of law for two years. On October 19, 2002 the IBP ...(Subscriber-Only)
Issues:
- Did respondent Atty. Evangeline De Silva’s issuance of a check drawn on a closed account, used to induce the withdrawal of criminal complaints, constitute deceit, gross misconduct and violation of the Lawyer’s Oath warranting disciplinary sanction?
- If so, what disciplinary penalty is appropriate for ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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