Case Digest (A.C. No. 8172)
Facts:
Alex Nulada v. Atty. Orlando S. Paulma, A.C. No. 8172, April 12, 2016, the Supreme Court En Banc, Perlas-Bernabe, J., writing for the Court. The case arises from a verified administrative complaint for disbarment based on alleged dishonesty and conviction of a crime involving moral turpitude.
Complainant Alex Nulada alleged that on September 30, 2005 respondent Atty. Orlando S. Paulma issued him a check for P650,000 as payment of respondent's debt; because respondent was a respected municipal official, complainant accepted the check. When presented for payment the check was dishonored for insufficiency of funds; despite notice of dishonor and repeated demands respondent did not make good the amount. Complainant filed a criminal complaint for violation of Batas Pambansa Blg. 22 (BP 22) before the Provincial Prosecutor of Iloilo (I.S. No. 2006-637), which recommended filing of the information.
The information was prosecuted in the Municipal Trial Court (Crim. Case No. 2604). On October 30, 2008 the MTC found respondent guilty of BP 22 and ordered among others: a fine of P150,000 (with subsidiary imprisonment), payment of P650,000 plus 12% interest from filing of complaint, filing fees of P10,000, and attorney's fees and appearance fees. Respondent appealed to the Regional Trial Court (Crim. Case No. 346), which affirmed the MTC decision in a March 13, 2009 Decision that became final and executory on April 16, 2009; respondent's attempts to seek relief from the Court of Appeals were unsuccessful (motions for extension denied, CA resolution final October 2, 2010).
Prior to the RTC promulgation, on February 12, 2009 complainant filed the administrative complaint with the Supreme Court through the Office of the Bar Confidant. Respondent denied dishonesty, claiming he warned complainant beforehand of insufficient funds, that he issued the check to accommodate a friend (who later died) and thus personally did not benefit, and alleging complainant used the unfunded check to his advantage.
By Resolution dated November 14, 2011 the Court referred the matter to the Integrated Bar of the Philippines (IBP) for investigation. The IBP Commission on Bar Discipline (CBD) issued a Report and Recommendation dated June 26, 2013 recommending suspension for six months for violation of the lawyer's oath, the Code of Professional Responsibility (CPR), and for conviction of a crime involving m...(Subscriber-Only)
Issues:
- Should respondent Atty. Orlando S. Paulma be administratively disciplined for having been found guilty of a crime involving moral turpit...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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