ii Suller had carnal knowledge of the woman referred to despite her refusal iii

Ii suller had carnal knowledge of the woman referred

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ii. Suller had carnal knowledge of the woman referred to despite her refusal. iii. Suller was not convicted of rape in the CFI because his guilt was not proven beyond reasonable doubt. iv. The IBP Board of Governors recommended the suspension of Suller for one year. Issue: W/N Suller should be disbarred Ruling: Yes. Although his guilt was not proven beyond reasonable doubt, the testimonies and evidence presented in the case were sufficient to show that Suller acted in a grossly reprehensible manner in having carnal knowledge of his neighbor’s wife without her consent. He was disbared by the SC because his act constituted moral depravity showing his moral incompetence to remain a member of the Bar. SC said, the privilege to practice law is bestowed upon individuals who are intellectually, academically and morally competent. Good moral character is not only a condition precedent to the practice of law but one must continually possess it to maintain a good standing in the honored fraternity.
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14. Rural Bank of Silay v Pilla Facts: i. acting as attorney-in-fact of a certain Pedro Torres and Oscar D. Granada, by virtue of a special power of attorney, respondent applied for a loan and concomitantly executed a Real Estate Mortgage in favor of the complainant bank covering the property of Pedro Torres and Oscar D. Granada. ii. With such security, complainant extended to the respondent his loan in the amount of P91,427.00. iii. In view of the failure of the respondent to pay the loan, the mortgaged property was foreclosed by the complainant bank. iv. Later, Oscar Granada, the real registered owner of the mortgaged property filed a complaint against the respondent and the complainant for the annulment of the Real Estate Mortgage and Special Power of Attorney. v. After the trial, the court declared null and void the said Special Power of Attorney as well as the Real Estate Mortgage for being products of forgery. vi. Respondent asserts that he does not have a hand on the forgery and that the complainant did not introduce evidence to prove that he forged that the signatures in the SPA. Issues: i. W/N respondent was part of the forgery ii. W/N respondent violated the CoPR Ruling: i. Yes. Indeed, there is a settled rule that in the absence of satisfactory explanation, one found in possession of and who used a forged document is the forger and therefore guilty of falsification. He did not offer any explanation on how he got the SPA with forged signature. If he maintains the highest degree of morality, he should have not represented the SPA to the notary public without ascertaining that the signatures were those of the indicated signatories. ii. Respondent’s acts clearly fall short of the standards set by the Code of Professional Responsibility, particularly Rule 1.01 thereof, which provides that “[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.” A lawyer may be suspended or disbarred for ANY misconduct, even if it pertains to his private activities, as long as it shows him to be wanting in moral character, honesty, probity, or good demeanor.
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