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 beyondreasonable doubt.iv.The IBP Board of Governors recommended the suspension of Suller for one year.Issue:W/N Suller should be disbarredRuling:Yes.Althoughhisguilt was not proven beyond reasonable doubt, the testimonies and evidencepresented in the case were sufficient to show that Suller acted in a grossly reprehensible mannerin having carnal knowledge of his neighbor’s wife without her consent. He was disbared by theSC because his act constituted moral depravity showing his moral incompetence to remain amember 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 tothe practice of law but one must continually possess it to maintain a good standing in thehonored fraternity.
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14.Rural Bank of Silay v PillaFacts:i.acting as attorney-in-fact of a certain Pedro Torres and Oscar D. Granada, by virtue of aspecial power of attorney, respondent applied for a loan and concomitantly executed a RealEstate Mortgage in favor of the complainant bank covering the property of Pedro Torres andOscar D. Granada. ii.With such security, complainant extended to the respondent his loan in the amount ofP91,427.00. iii.In view of the failure of the respondent to pay the loan, the mortgaged property wasforeclosed by the complainant bank. iv.Later, Oscar Granada, the real registered owner of the mortgaged property filed a complaintagainst the respondent and the complainant for the annulment of the Real Estate Mortgageand Special Power of Attorney. v.After the trial, the court declared null and void the said Special Power of Attorney as well asthe Real Estate Mortgage for being products of forgery. vi.Respondent asserts that he does not have a hand on the forgery and that the complainantdid 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 CoPRRuling:i.Yes. Indeed, there is a settled rule that in the absence of satisfactory explanation, one foundin possession of and who used a forged document is the forger and therefore guilty offalsification. He did not offer any explanation on how he got the SPA with forged signature. Ifhe maintains the highest degree of morality, he should have not represented the SPA to thenotary public without ascertaining that the signatures were those of the indicatedsignatories.ii.Respondent’s acts clearly fall short of the standards set by the Code of ProfessionalResponsibility, particularly Rule 1.01 thereof, which provides that “[a] lawyer shall notengage in unlawful, dishonest, immoral or deceitful conduct.” A lawyer may be suspended ordisbarred for ANY misconduct, even if it pertains to his private activities, as long as it showshim to be wanting in moral character, honesty, probity, or good demeanor.
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