Case Summary (A.C. No. 7607)
Background and Allegations
In 2004, Natural Formula International, Inc. engaged Atty. de Silva's services for the licensing and registration of its products with the Bureau of Food and Drugs (BFAD). The complainant disbursed PhP 369,416.98 to de Silva, purportedly for these services. However, the complainant alleged that de Silva misappropriated the funds, as no Certificate of Product Registration was issued, and she did not return the money despite multiple demands. The complainant also filed a criminal complaint for estafa against her, which resulted in a finding of probable cause by the Office of the Provincial Prosecutor.
Previous Disciplinary Actions
It was revealed that when the complainant engaged de Silva's services, she was under a two-year suspension from the practice of law mandated by the Supreme Court in a prior case, Emilio Grande v. Atty. Evangeline de Silva. Despite being notified of the disbarment complaint against her, de Silva failed to file a comment.
Investigation and Findings
The Integrated Bar of the Philippines (IBP) investigated the complaint and found de Silva guilty of violating the Code of Professional Responsibility and recommended disbarment. The IBP Board of Governors adopted this recommendation, supporting it with substantial evidence of de Silva's malpractice and failure to fulfill her legal duties.
Court Ruling on Misappropriation of Funds
The Supreme Court emphasized that attorneys have a fiduciary duty to account for client funds and properties. De Silva's failure to return the money upon request established a presumption of misappropriation. Her actions constituted a breach of trust and confidence owed to her client, warranting a finding of grave misconduct.
Previous Conduct and Lack of Reform
De Silva’s previous conviction for deceit and her refusal to comply with court orders were taken into account. Despite prior disciplinary action, including suspension for issuing a bouncing check, de Silva displayed a pattern of dishonest behavior and disregard for court authority, indicating she had not reformed her conduct.
Practice of Law During Suspension
The Supreme Court noted that de Silva violated the suspension order by practicing law during the period of her imposed sanction. This blatant disregard for th
...continue readingCase Syllabus (A.C. No. 7607)
Introduction
- The case involves a Complaint for Disbarment filed by Natural Formula International, Inc., represented by Angel A. Arde, against Atty. Evangeline de Silva.
- The basis of the complaint includes charges of grave or gross misconduct in her legal practice and violation of a Supreme Court directive that suspended her from practicing law.
Background of the Case
- The complainant engaged Atty. de Silva's services in 2004 for licensing and registration of their products with the Bureau of Food and Drugs (BFAD).
- A total of PhP 369,416.98 was disbursed to Atty. de Silva, supported by vouchers and receipts.
- Despite the payment, no Certificate of Product Registration was processed or issued, leading to allegations of misappropriation.
- Repeated demands for the return of the funds went unanswered, prompting the complainant to file a criminal estafa complaint against Atty. de Silva.
Findings of the Prosecutor
- The Office of the Provincial Prosecutor found probable cause to charge Atty. de Silva with "Other Deceits" under Article 318 of the Revised Penal Code.
- It was revealed that Atty. de Silva was under a two-year suspension when she took on the complainant's case, stemming from a previous case against her titled Emilio Grande v. Atty. Evangeline de Silva.
Court Proceedings
- The Court required Atty. de Silva to comment on