Ana Marie Cambaliza, Complainant, v. Atty. Ana Luz B. Cristobal-Tenorio, Respondent | Adm. Case No. 6290 | 14 July 2004

Facts:
Cambaliza, a former employee of Cristal-Tenorio in her law office, filed a disbarment complaint on the grounds of deceit, grossly immoral conduct and malpractice or other gross misconduct in office.

Deceit: represented herself to be married to Felicisimo Tenorio Jr, who has a prior existing marriage

Grossly immoral conduct: disseminated libelous affidavits against a Makati City counselor.

Malpractice: allowed her husband, a non-lawyer, to practice by making him a senior partner in her law office. This is evidenced by 1) the law office letterhead which included the husband as a senior partner, 2) an id wherein he signed as an “atty”, 3) appearance in court as counsel.

Issue:
Was the Respondent in violation of the Code of Professional Responsibility?

Held:
Yes, the respondent was GUILTY of malpractice, specifically, violating Canon 9 and Rule 9.01.

Canon 9: a lawyer shall not assist in unauthorized practice of law
Rule 9.01: a lawyer shall not delegated to any unqualified person the performance of a task that may only be performed by members of the bar in good standing

Even though Cambaliza later on withdrew her complaint, IBP still pushed through with the investigation because such is a disciplinary proceeding. There is no private interest affected such that desistance of the complainant will terminate the proceedings. The purpose is to protect the bar from those unfit to practice law.

For violating Canon 9 and Rule 9.01 of the Code of Professional Responsibility, the Respondent is hereby SUSPENDED from the practice of law for a period of six (6) months effectively immediately, with a warning that a repetition of the same o similar act in the future will be dealth with more severely.

Comments

Post a Comment

Popular posts from this blog

Case Digest: In the Matter of the IBP Membership Dues Delinquency of Atty. Marcial A. Edilion | A.M. No. 1928, 3 August 1978

In the Matter of the IBP Membership Dues Delinquency of Atty. Marcial A. Edilion A.M. No. 1928, 3 August 1978 Facts:     The respondent is a duly licensed practicing Attorney in the Philippines. The IBP Board of Governors recommended to the Supreme Court the removal of the name of the respondent from its Roll of Attorneys for stubborn refusal to pay his membership dues assailing the provisions of the Rules of Court 139-A and the provisions of Paragraph 2, Section 24, Article III of the IBP By-Laws pertaining to the organization of the IBP, payment of membership fee and suspension for failure to pay the same.     Edilion contends that the stated provisions constitute an invasion of his constitutional rights in the sense that he is being compelled as a pre-condition to maintain his status as a lawyer in good standing to be a member of the IBP and to pay the corresponding dues and that as a consequence of this, compelled financial support of the said organization to which he is admi
Read more

Case Digest for Articles 143-146: Carino v. Carino G.R. No. 132529, 2 February 2001

SUSAN NICDAO CARIÑO, petitioner, v. SUSAN YEE CARIÑO, respondent. G.R. No. 132529, 2 February 2001 Facts: In 1969 SPO4 Santiago Cariño married Susan Nicdao Cariño. He had 2 children with her. In 1992, SPO4 contracted a second marriage, this time with Susan Yee Cariño. In 1988, prior to his second marriage, SPO4 is already bedridden and he was under the care of Yee. In 1992, he died 13 days after his marriage with Yee. Thereafter, the spouses went on to claim the benefits of SPO4. Nicdao was able to claim a total of P140,000.00 while Yee was able to collect a total of P21,000.00. In 1993, Yee filed an action for collection of sum of money against Nicdao. She wanted to have half of the P140k. Yee admitted that her marriage with SPO4 was solemnized during the subsistence of the marriage b/n SPO4 and Nicdao but the said marriage between Nicdao and SPO4 is null and void due to the absence of a valid marriage license as certified by the local civil registrar. Yee also claimed t
Read more

Case Digest: Conrado N. Que, Complainant, v. Atty Anastacio E. Revilla, Jr., Respondent | A.C. No. 7054, 11 November 2014

Conrado N. Que, Complainant, v. Atty Anastacio E. Revilla, Jr., Respondent A.C. No. 7054, 11 November 2014 Facts:     Que accused Revilla, Jr. of willfully delaying the final judgment of the lower court against his client. Respondent successfully filed a petition of certiorari before the Court of Appeals, two petitions of annulment of title and a petition for annulment of judgment before the Regional Trial Court, and a petition for declaratory execution of the lower court’s decision against his client. Issue:     Whether or not the respondent violated various canons and provisions of the Code of Professional Responsibility (CPR). Held:     Respondent’s abuse of court remedies by filing multiple actions praying for the same cause delayed the execution of the final judgment of the court. The respondent’s willful and revolting falsehood is also alleged by the complainant that unjustly maligned and defamed the good name and reputation of the late Atty. Alfredo Catolico who was the previous
Read more