V pet sent letters to resp de silva but they were

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v. Pet sent letters to resp de Silva but they were ignored vi. Pet then instituted a case of of estafa and violation of BP 22 against resp. vii. He also instituted an admin case for the disbarment of de Silva viii. The Resolution was returned unserved because the resp already moved to a different address ix. Another Reso was sent to resp’s latest address for her comment on the case but it was returned unserved again for the reason that it was refused x. In a Report dated December 6, 2001, Investigating Commissioner Florimond C. Rous found respondent guilty of deceit, gross misconduct and violation of the Lawyer’s Oath. Thus, he recommended that respondent be suspended from the practice of law for two (2) years. IBP adopted the recommendation. xi. Record shows that respondent committed a breach of trust in issuing a bouncing check, amounting to deceit and constituted a violation of her oath, for which she should be accordingly penalized. Issue : The basis for suspension of resp Ruling : i. The deceit employed by resp is a gross misconduct in the practice of legal profession that is sanctioned by the Rules of Court through disbarment or suspension ii. Good moral character is a condition precedent to a license to enter upon the practice of law, the maintenance thereof is equally essential during the continuance of the practice and the exercise of the privilege. Gross misconduct puts her moral character in serious doubt that she may be rendered unfit for the practice of law. iii. Evading a debt is a conduct unbecoming and does not speak well of a member of the bar. iv. Her deliberate refusal to accept court notices stains the nobility of the legal profession as it shows lack of respect for authority. - The duty of a lawyer is to uphold the integrity and dignity of the legal profession at all times.
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7. Royong v Oblena Facts: i. Resp Ariston Oblena is a lawyer who had carnal relations with a 17 year old lady, petitioner Josefina Royong. ii. Royong is the niece of Oblena who left her husband to be with him. iii. Pet alleged that she was raped by Oblena resulting to her pregnancy iv. Royong filed a rape case vs Oblena v. SC referred the case to the Sol-Gen for investigation, report and recommendation vi. The Sol-Gen, however, found that Royong was more of a sweetheart than a victim of Oblena since she continuously frequent his house after the alleged rape incident vii. It also recommended the permanent disbarment of Oblena and formulated another complaint for misrepresenting himself as a person of good moral character when he took the bar, when in fact, he had adulterous relations with Briccia and maintained an illicit relations with Royong. viii. Resp filed for the dismissal of the complaint alleging it does not merit an action because the allegations are different from that of the original rape complaint Issue: W/N the open cohabitation of resp with Briccia and illicit relations with Royong are sufficient grounds for his disbarment Ruling: Yes.
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