OBLES v.
DECIEMBRE
A.C. No. 5365
April 27, 2005
FACTS: On July 1, 1999, Lourdes Obles renewed her loan from Rodela Loans,
Inc., in the amount of P10 000, through respondent, Atty. Victor Deciembre.
As security for the loan, she issued five PNB blank checks to Deciembre.
Two months after, Lourdes paid P14 874.37 for the loan plus surcharges,
penalties and interests. Notwithstanding, Deciembre filled up four blank checks
for P50 000 each.
He then filed a criminal suit against the
spouses for Estafa and violation of BP 22.
ISSUE: Whether or
not Deciembre violated provisions of the Code of Professional Responsibility.
RULING: Deciembre, by not returning the blank checks to the spouses
committed abominable Dishonesty by Abusing the Confidence invested by the
spouses to him as their high regard for lawyers.
By filling the same and filing criminal suits against them
deprived Franklin of his constitutional right to liberty for three months.
These results to Deciembre being guilty of Serious Dishonesty and Professional
Misconduct amounting to Moral Depravity.
Possessing good moral character must least have common
honesty for lawyers must be ministers of Truth.
The Court finds the suspension of two years to be too mild.
Deceit and Misrepresentation is reprehensible.
Hence, Deciembre is guilty of Gross Misconduct and Violation
of Rules 1.03 and 7.03 of the CPR and is indefinitely suspended.
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