De jesus v collado facts i araceli de jesus charged

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15. De Jesus v Collado Facts: i. Araceli De Jesus charged Consuelo Collado, Court Attorney IV in the Office of the Clerk of Court [Third Division], Supreme Court, with committing "the deceitful act of issuing nine [9] bouncing checks.”They are all payments of respondent to the merchandise she bought from complainant. ii. The same complainant further sought the disbarment of the respondent for committing that alleged deceitful act. iii. An administrative investigation was commenced. iv. Despite due notice, respondent did not answer or comment on the charges. v. SC required the respondent to submit a comment within ten days. vi. Respondent complied with this resolution after considerable delay, submitting a two-page comment for the purpose. She admits having issued postdated checks, allegedly upon complainant's request in order to "fix" respondent's obligation to complainant but since her buyers did not remit their payments to respondent, she was unable to pay. She adds that the transactions were purely private in character and do not concern her employment in SC, nor her membership in the bar. vii. Upon complainant's "Urgent Ex Parte Motion to Bar Atty. Collado's Trip to US, Immigration issued a HDO to stop her from leaving viii. While the cases are pending, complainant submitted an affidavit of desistance expressing her lack of interest to pursue the case since the respondent paid her obligations Issues: i. W/N the case should proceed ii. W/N respondent should be subject to a disciplinary action Ruling: i. Yes. The bouncing checks gave rise to the criminal information filed against respondent and these criminal cases are still pending in court. She effectively waived such an opportunity in the civil service disciplinary proceeding. There is no legal obstacle to a definitive resolution of the two complaints filed against respondent. ii. Yes. We consider that issuance of checks in violation of the provisions of B. P. Blg. 22 constitutes serious misconduct on the part of a member of the Bar. The Court has stressed that the conduct of everyone connected with the dispensation of justice, from the judges to the most junior of clerks must, at all times, be characterized with propriety and decorum and be above suspicion.
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21. Figueroa v Barranco Facts: a. To be denied admission to the legal profession because they had been sweethearts, had a child out of wedlock, but respondent failed to fulfil his promise to marry her. b. He promised to marry her after he passes the bar exam. c. Their relationship ended when she learned that he married another woman. d. But for an unreasonable length of time from 1971 to 1988, the complainant failed to prosecute the case and respondent asked for permission from the Court to take his oath since he has proven himself to be a good member of the community.
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