A.C. No. 8616 - Re: Evelyn S. Arcaya-Chua

This is a disbarment case against Atty. Evelyn S. Arcaya-Chua (Atty. Arcaya-Chua), former judge of the Regional Trial Court (RTC) of Makati City.
The case stems from a prior Supreme Court Decision dated April 23, 2010, in consolidated administrative cases against her, which dismissed her as a judge and directed the Office of the Bar Confidant (OBC) to investigate her possible disbarment.

Ocampo charged Judge Arcaya-Chua with harassment, grave abuse of authority, gross ignorance of the law, gross misconduct, manifest partiality, and conduct prejudicial to service related to motions she resolved in Special Proceedings No. M-6375.
Investigating Justice Remedios Salazar-Fernando found that Judge Arcaya-Chua had legal bases for her resolutions and dismissed Ocampo’s charges as unsubstantiated.

Office of the Court Administrator (OCA) v. Judge Arcaya-Chua (A.M. No. RTJ-07-2049)

Complaint filed for gross ignorance and gross misconduct stemming from her handling of Special Proceedings Case No. M-6373.
Judge Arcaya-Chua issued a Temporary Protection Order (TPO) under R.A. No. 9262 benefiting a man against his wife, an egregious error equated to bad faith, leading to liability for gross ignorance of the law.

OCA v. Judge Arcaya-Chua and Court Stenographer Victoria C. Jamora (A.M. No. RTJ-08-2141)

Resulted from a judicial audit revealing Judge Arcaya-Chua failed to declare 1,809 marriages she solemnized and to collect marriage fees totaling PHP 542,700.00.
A court personnel admitted to attempting to dispose marriage certificates under instructions from Judge Arcaya-Chua.
Justice Salazar-Fernando found her liable for failure to report accurate data and collect/remit fees.

Complaint for serious misconduct and dishonesty alleging Judge Arcaya-Chua failed to return PHP 100,000.00 given to facilitate speedy resolution of cases pending before the Supreme Court.
Investigating Justice Rebecca D. Salvador found Santos' accusations credible and held Judge Arcaya-Chua liable for gross misconduct.
Judge Arcaya-Chua’s motion for reconsideration was denied.

Charges in Ocampo case dismissed (A.M. OCA IPI No. 07-2630-RTJ).
Judge Arcaya-Chua found guilty of gross ignorance of the law — suspended for six months without salary (A.M. No. RTJ-07-2049).
Motion for reconsideration denied — suspension penalty maintained (A.M. No. RTJ-07-2093).
Found guilty of gross misconduct in failing to report marriages and collect fees — dismissed with forfeiture of benefits and barred from government re-employment (A.M. No. RTJ-08-2141).
Court stenographer Jamora dismissed for grave misconduct, forfeiture of retirement benefits, and barred from re-employment.
Both vacated their respective offices immediately upon service of decision.
Case referred to the OBC for investigation and recommendation for disbarment.

OBC directed Atty. Arcaya-Chua to file comment why she should not be disbarred (June 25, 2010).
Complaint docketed as a regular administrative complaint, with scheduled hearings.
Atty. Arcaya-Chua filed motions and comment asking for abeyance and dismissal, reiterating earlier defenses.
Court denied her motion for reconsideration with finality (June 22, 2010).
OBC and IBP Committee on Bar Discipline conducted mandatory conferences and required position papers; Atty. Arcaya-Chua participated while the complainant Santos failed to appear or file briefs.
Investigating Commissioner found Atty. Arcaya-Chua liable for violating specific Rules under the Code of Professional Responsibility (CPR) and recommended suspension for two years.
IBP Board of Governors modified the recommendation to disbarment after second review.

Whether the IBP Board of Governors correctly found Atty. Evelyn S. Arcaya-Chua liable for violations of Rules 1.01, 1.02, Canon 11, and Rule 11.04 of the Code of Professional Responsibility.

Whether the acts of Atty. Arcaya-Chua justify the imposition of the penalty of disbarment from the practice of law.