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.

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