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MARILOU SEBASTIAN v. ATTY. DOROTHEO CALIS

FACTS:

In November 1992, the complainant sought the services of the respondent to process her travel documents for a trip to the USA. The respondent promised to do so for a fee of P150,000. The complainant made a partial payment of P20,000 on December 1, 1992. From January 1993 to May 1994, the complainant had several meetings with the respondent regarding the processing of her documents. The respondent demanded an additional P65,000 and convinced the complainant to resign from her job. On June 20, 1994, the complainant issued a check for P65,000 to expedite the processing. The complainant was provided with documents supporting her assumed identity. However, upon realizing that she would be traveling with fake documents, she demanded the return of her money. The respondent assured her that there was nothing to worry about and promised to refund her if something went wrong. Shortly before her departure, the respondent required another payment but did not issue a receipt. On her scheduled departure date, the complainant was apprehended in Singapore for carrying spurious travel documents along with two other recruits of the respondent. The complainant contacted the respondent and was eventually deported back to the Philippines. The respondent fetched her from the airport and took her passport, promising to secure new travel documents. The complainant demanded the return of her full payment. The respondent made partial refunds in 1996, but the complainant still demanded the remaining balance of P114,000. The respondent ignored her demand and she was unable to locate him in March and May 1997. The respondent failed to respond to the complaint and did not attend the scheduled hearings. The investigation proceeded ex parte.

ISSUES:

  1. Whether respondent Atty. Dorotheo Calis engaged in unlawful, dishonest, immoral or deceitful conduct as well as violated his oath as a lawyer.

  2. Whether respondent should be disbarred.

RULING:

  1. Yes, respondent Atty. Dorotheo Calis engaged in unlawful, dishonest, immoral or deceitful conduct as well as violated his oath as a lawyer.

  2. Yes, respondent should be disbarred.

PRINCIPLES:

  • Lawyers have a duty to uphold the law and promote justice.

  • Lawyers must act with honesty, fairness, and good faith in their dealings with clients.

  • Lawyers must not engage in unlawful, dishonest, immoral, or deceitful conduct.

  • Lawyers must not violate their oath as lawyers.

  • Failure to comply with orders of the Commission on Bar Discipline may result in an ex parte investigation and adverse findings against the respondent.