Case Summary (A.C. No. 4838)
Events Leading to the Complaint
During the legal proceedings, Atty. de Silva issued Check No. 0023638 in the amount of ₱144,768.00 to Grande as a settlement for the civil aspect of the cases against her client. Despite Grande's hesitance, Atty. de Silva convinced him to accept the check, assuring him of its validity and sufficient funds. This led Grande to withdraw his complaint, contributing to the dismissal of the criminal cases against Natividad. However, upon depositing the check, Grande discovered that it was returned unpaid due to the account being closed.
Notice and Failure to Respond
Following the dishonored check, Grande sent a letter demanding payment to Atty. de Silva on June 19, 1997. After receiving no response, he filed a criminal complaint against her for Estafa and Violation of Batas Pambansa Bilang 22 with the City Prosecutor of Marikina, leading to formal charges. Concurrently, on November 10, 1997, Grande lodged an administrative complaint for disbarment against Atty. de Silva, attributing deceit and violation of the Lawyer's Oath as grounds for his allegations.
Procedural Developments
The Integrated Bar of the Philippines (IBP) tried to serve notice to Atty. de Silva regarding the administrative complaint, but it was returned on two occasions as "Moved" and "Refused," respectively. Subsequently, the investigation was referred to the IBP Commission on Bar Discipline (IBP-CBD), which resulted in a finding of guilt against Atty. de Silva for deceit and gross misconduct on December 6, 2001. The Investigating Commissioner recommended a two-year suspension from practice.
Findings and Conclusion of the Commission
The IBP Board of Governors accepted the recommendation, citing Atty. de Silva's actions as constituting gross misconduct and a violation of her oath as an attorney. The Court established that the issuance of a bounced check was a clear form of deceit, harming not only the complainant but also the integrity of the legal profession. The Court emphasized the necessity for lawyers to maintain moral character and integrity, both within their professional and personal conduct.
Implications of Misconduct
The persistence of such misconduct reflects a severe breach of trust and reveals Atty. de Silva’s unfitness to practice law due to her failure to respect legal processes
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Case Background
- Complainant Emilio Grande was involved in Criminal Cases Nos. 96-1346 to 96-1353 for Estafa and Violation of Batas Pambansa Bilang 22 against the accused, Sergio Natividad.
- Atty. Evangeline de Silva represented Natividad and offered a check (Check No. 0023638) to Grande as settlement for the civil aspect of the case amounting to P144,768.00.
- Despite initial refusal, Grande accepted the check based on de Silva's assurance that it would be honored upon presentation, as she claimed it was funded.
Events Leading to the Complaint
- Following the acceptance of the check, Grande withdrew his participation as a witness in the criminal proceedings, leading to the dismissal of the case and the release of Natividad.
- Upon depositing the check, it was returned due to the account being closed, prompting Grande to write a demand letter to de Silva, which went ignored.
- Grande subsequently filed a criminal complaint against de Silva with the Office of the City Prosecutor of Marikina, resulting in an information being filed for violation of Batas Pambansa Bilang 22 against her.
Administrative Complaint
- On November 10, 1997, Grande lodged an administrative complaint for disbarment against de Silva for deceit and violation of the Lawye