Case Summary (A.C. No. 516)
Background of the Case
On March 2, 1962, Calo filed a complaint against Degamo, claiming that Degamo had provided false statements under oath regarding his criminal record while applying for a government position. The case was referred to the Solicitor-General, following Degamo's annulled motion for particulars and his subsequent non-appearance at the hearings despite being duly notified.
Proceedings and Investigations
Investigations were conducted by the Provincial Fiscal of Agusan. On July 25, 1964, Degamo failed to present any evidence in his defense during the hearing. This absence led to the conclusion that he waived his right to defend himself against the allegations. The Solicitor-General later filed a report recommending Degamo's disbarment due to gross misconduct.
Allegations of Misconduct
The core of the allegation against Degamo centers on his false declaration in an "Information Sheet" filled out for his police chief application, where he claimed to have "no" criminal record, despite ongoing criminal charges against him at that time for illegal possession of explosive powder.
Defense and Counterarguments
Degamo's defense argued that his response of "None" was made in good faith, interpreting the question to refer only to final judgments. This defense was deemed untenable, as the straightforward nature of the questionnaire did not support such an interpretation. Moreover, the question explicitly asked for all records, including those not reaching the court, thereby negating Degamo's arguments.
Legal Standards and Principles
The decision hinged upon established legal principles regarding disbarment. It stated that ordinary statutes of limitation do not apply to disbarment cases, and concurrent criminal proceedings did not serve as a barrier to disbarment. The absence of a requirement for a criminal conviction in cases involving moral turpitude further solidified the basis for disbarment.
Ethics and Conduct of Legal Professionals
The Court emphasized that as a member of the bar, Degamo was held to a higher ethical standar
...continue readingCase Syllabus (A.C. No. 516)
Case Background
- The case involves disbarment proceedings against Esteban Degamo, initiated by a verified letter-complaint from petitioner Tranquilino O. Calo, Jr., filed on March 2, 1962.
- The complaint charged Degamo with "having committed false statement under oath or perjury" related to his appointment as Chief of Police of Carmen, Agusan.
- On March 12, 1962, the Court required Degamo to file an answer, which he did on May 29, 1962, after an unsuccessful motion for a bill of particulars.
- The Court referred the case to the Solicitor-General for investigation, which was subsequently forwarded to the Provincial Fiscal of Agusan for further inquiry.
Investigation Process
- The Provincial Fiscal conducted an investigation where evidence was presented by the petitioner, but Degamo failed to attend the hearing scheduled for July 25, 1964, despite receiving due notice.
- Due to his absence, the investigating fiscal considered Degamo to have waived his right to present evidence.
- The fiscal forwarded the investigation records to the Solicitor General, who then filed a report and a complaint with the Court recommending Degamo's disbarment for gross misconduct.
Key Facts of the Case
- On January 17, 1959, Degamo