Case Summary (A.M. No. 2008-19-SC)
Allegations of Misconduct
Mrs. Milagros Lee accused Atty. Capito of various misconducts, including soliciting loans from her. Her allegations detail that subsequent to their professional consultations regarding her legal issues, Atty. Capito borrowed significant amounts of money from her, totaling P16,000, while failing to pay for his stay at her house, where he allegedly resided for about a month. Atty. Capito allegedly attempted to borrow money under various pretexts, promising repayment which he failed to fulfill.
Evidence Presented
The investigation into the allegations included testimonies from various witnesses that supported Mrs. Lee's claims. Key testimonies included that of Samantha Lee, who closely corroborated her mother's account regarding Atty. Capito's stay at their residence and his borrowing of money. Additional characters, including Leonora F. DiAo and Jose Torres, provided supportive evidence regarding Atty. Capito's behavior and presence in Mrs. Lee's home, which Atty. Capito later denied.
Atty. Capito's Defense
Atty. Capito provided an affidavit denying all allegations, claiming no indebtedness to Mrs. Lee and depicting her charges as attempts to tarnish his reputation. He argued that Mrs. Lee and her daughter were, in fact, in need of financial assistance from him rather than the other way around. He also described the emotional distress caused by the accusations, which he claimed exacerbated his asthma.
Investigative Findings
The assessment by Atty. Candelaria determined that Atty. Capito did indeed stay at the Lee household, demonstrating insufficient credibility in his denials. It was noted that corroborative evidence supported the complaint's assertion that Atty. Capito did not only reside there but also failed to remit any agreed-upon payments for lodging.
Conclusion of Administrative Charges
The investigation ultimately concluded that while Atty. Capito was guilty of gross discourtesy—specifically through his use of vulgar language towards Mrs. Lee—there was insufficient evidence to substantiate the charge of willful failure to pay debts. The recommended disciplinary action was a three-month suspension without pay for gross discourtesy, alongside a warning of potential sev
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Case Overview
- Atty. Gil Luisito R. Capito, a Court Attorney IV at the Office of the Chief Attorney (OCAT), was charged with grave misconduct and willful failure to pay just debts by complainants Milagros Lee and Samantha Lee.
- The charges stemmed from allegations of borrowing money from Milagros Lee without repayment and engaging in inappropriate conduct.
Background of the Complaint
- Milagros Lee was introduced to Atty. Capito by neighbors Ma. Cecilia and Ferdinand De Guzman to seek legal assistance regarding financial support from her husband in Hawaii.
- Atty. Capito was characterized as a friend of the De Guzman couple and was presented as a lawyer specializing in land cases.
- Following an initial consultation in June 2008, Atty. Capito failed to take action on Milagros' claim and subsequently borrowed money from her multiple times, accumulating debts totaling approximately P16,000.
Details of Financial Transactions
- Atty. Capito borrowed P7,000 against a pawned bracelet and requested additional loans of P10,000, P1,000 on two separate occasions, all under promises of immediate repayment.
- Despite repeated inquiries from Mrs. Lee about the repayment, Atty. Capito consistently failed to provide the funds, leading to frustration and anger from the complainants.
Incident Leading to Allegations of Misconduct
- On September 30, 2008, when M