Case Digest (A.C. No. 13955)
Facts:
Adrian M. Kelley v. Atty. Cipriano D. Robielos III, A.C. No. 13955 (Formerly CBD Case No. 19-6114), January 30, 2024, the Supreme Court En Banc, Per Curiam. The case is an administrative disciplinary proceeding initiated after the Integrated Bar of the Philippines (IBP) investigation and resolution concerning alleged professional misconduct by Atty. Cipriano D. Robielos III.Adrian M. Kelley (complainant) alleges that in February 2016 he lent Atty. Robielos PHP 240,000.00; Atty. Robielos issued Bank of Commerce Check No. 0000008 dated June 30, 2016, which, upon presentment, was dishonored for insufficient funds. Kelley sent a demand letter (July 30, 2016). The parties entered into a written “Kasunduan ng Pag-Aayos” on September 13, 2016, whereby Atty. Robielos agreed to pay by installments of PHP 20,000.00 every 15 days for six months; he paid only three installments (PHP 60,000.00), leaving PHP 180,000.00 unpaid.
Kelley filed a small claims action in Branch 51, Metropolitan Trial Court (Small Claims Case No. 17-2040). Atty. Robielos initially failed to answer or appear; the MeTC rendered judgment on February 23, 2017 ordering payment of PHP 180,000.00 with 5% interest per annum. Kelley filed a motion for execution; Atty. Robielos opposed, later filed an answer claiming the check was issued to “return a favor.” By Order dated April 3, 2017, MeTC-Branch 51 granted the motion for execution; the Branch 129, Regional Trial Court, Caloocan City affirmed that order on June 14, 2017. An alias writ of execution was served, but Atty. Robielos still refused payment.
Kelley then filed an administrative complaint with the IBP Committee on Bar Discipline (CBD). The CBD directed Atty. Robielos to file an answer (Oct. 21, 2019) and later required submission of contact details and status on waiving a mandatory conference (July 24, 2020). Atty. Robielos repeatedly failed to comply with orders, did not attend the mandatory conference, and did not file the required verified position paper; Kelley complied with the IBP deadlines.
Investigating Commissioner Patrick V. Santo issued a Report and Recommendation (Nov. 8, 2021) finding Atty. Robielos guilty of violating Canon 1, Rule 1.01 of the former CPR, recommending suspension for two years and a PHP 15,000.00 fine for noncompliance with IBP orders. The IBP Board of Governors, by Resolution No. CBD-XXV-2023-04-11 (Apr. 14, 2023), adopted the finding of guilt but, citing prior dis...(Subscriber-Only)
Issues:
- Is Atty. Cipriano D. Robielos III administratively liable for issuing a worthless check and failing to pay his indebtedness, and for disobedience of IBP directives (i.e., violation of the CPRA Canons)?
- If liable, what is the appropriate disc...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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