Case Summary (G.R. No. 190912)
Antecedents
On March 4, 2016, complainants learned that Maria Rossan De Jesus had sought verification from the Office of the Division Clerk of Court of the Court of Appeals regarding a decision allegedly authored by the complainants in a criminal case involving Tirso Fajardo. The respondent had presented this purported decision, claiming it indicated Fajardo's acquittal, but also suggested that the formal promulgation depended on payment to her. After investigation, it was revealed that the case was still pending and that the decision was fabricated. Subsequently, the respondent was apprehended in an entrapment operation by the National Bureau of Investigation (NBI) on March 8, 2016, after receiving marked money for the fake decision.
Administrative Complaint
The complainants filed a disbarment complaint against the respondent, asserting that she falsely represented herself as capable of influencing Justices of the Court of Appeals, defrauded clients for approximately one million pesos, and displayed gross disrespect toward the court and judiciary. The respondent failed to respond to the complaint or attend related proceedings.
IBP Report and Recommendation
The Integrated Bar of the Philippines (IBP) Commission recommended disbarment due to the respondent’s violations of her professional duties and the ethical standards outlined in the Code of Professional Responsibility. The IBP Board of Governors adopted these findings, confirming the recommendation for disbarment.
Court's Ruling
In its decision, the Court affirmed the IBP's findings, emphasizing the essential integrity and honesty required of members of the legal profession. The ruling reiterated that being a member of the bar entails significant responsibilities, and lawyers must uphold the law and maintain public confidence in the legal system.
Violations of the Lawyer's Oath and Code of Professional Responsibility
The Court found that the respondent's actions constituted serious violations of the Lawyer's Oath and multiple canons of the Code of Professional Responsibility. She misrepresented a fake decision and solicited substantial payment under false pretenses, actions underscoring her clear intent to violate both ethical and legal standards.
Assessment of Grave Misconduct
The respondent's actions were categorized as grave misconduct due to elements of corruption and a clear intent to violate the law. The nature of her misconduct, particularly her manipulative actions against clients and fraudulent representation, demonstrated a gross disregard for the legal profession's integrity.
Appropriate Penalty
Considering
...continue readingCase Syllabus (G.R. No. 190912)
Case Overview
- This case involves a Joint Complaint-Affidavit for disbarment filed against Atty. Marie Frances E. Ramon by Court of Appeals Associate Justices Fernanda Lampas-Peralta, Stephen C. Cruz, and Ramon Paul L. Hernando.
- The complaint arose from allegations of misconduct, including the fraudulent representation of a court decision, extortion, and violations of the Lawyer's Oath and the Code of Professional Responsibility.
Antecedents
- On March 4, 2016, Maria Rossan De Jesus sought verification of a purported court decision claiming the acquittal of her cousin, Tirso Fajardo, in a criminal case (CA-G.R. CR No. 08005).
- Respondent Atty. Ramon, who represented Fajardo, falsely claimed the decision's promulgation was contingent upon a large payment.
- The complainants discovered the case was still in progress and assigned to another justice, confirming the decision was fraudulent.
- On March 8, 2016, the National Bureau of Investigation (NBI) conducted an entrapment operation, arresting Atty. Ramon while she accepted marked money for the fake decision.
Criminal Complaint
- The NBI filed a criminal complaint against Atty. Ramon for estafa (Article 315, para. 2) and falsification (Article 172) of the Revised Penal Code.
- The complaint detailed Atty. Ramon's fraudulent actions, which included soliciting approximately one million pesos from Fajardo's relatives under false pretenses for legal fees and an alleged appeal.
Administrative Complaint
- Complainants alleged Atty. Ramon should be disbarred for:
- Misrepresentation of her ability to influence justices for acquittal.
- Defrauding clients to amass