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JUANITA MANAOIS v. ATTY. VICTOR V. DECIEMBRE

FACTS:

The case involves an administrative complaint for disbarment filed by Juanita Manaois against Atty. Victor V. Deciembre for willful and deliberate falsification and conduct unbecoming a member of the Bar. Complainant alleged that she applied for a loan from Rodella Loans, Inc. through respondent and issued blank checks as security for the loan. Despite fully paying the loan, respondent allegedly did not return the remaining blank checks and falsely claimed that the loan had not been paid. Respondent then filled out the blank checks with different amounts and filed cases against complainant for estafa and violation of Batas Pambansa Blg. 22. Respondent denied the allegations and claimed that it was complainant who deceived him by not honoring her commitment. After investigation, the Commissioner found complainant's version of the facts more credible and recommended respondent's suspension from the practice of law for five years. The IBP Board of Governors approved the recommendation. The Court sustained the resolution of the IBP Board of Governors and imposed an indefinite suspension from the practice of law on respondent.

ISSUES:

  1. Whether or not Atty. Victor V. Deciembre is guilty of willful and deliberate falsification and conduct unbecoming a member of the Bar.

  2. Whether or not the recommended penalty of suspension from the practice of law for five (5) years is appropriate.

RULING:

  1. Yes, Atty. Victor V. Deciembre is guilty of gross misconduct and violation of Rules 1.01 and 7.03 of the Code of Professional Responsibility. He committed serious dishonesty and professional misconduct by deceitfully filling out blank personal checks with various amounts not agreed upon and with full knowledge that the loan had already been paid. He imprudently filed multiple lawsuits against complainant after the checks had been dishonored upon presentment. This act is indicative of moral depravity and is highly unbecoming of a member of the Bar.

  2. No, the recommended penalty of suspension from the practice of law for five (5) years is not appropriate. The Court imposes the penalty of indefinite suspension, following a previous case involving similar offenses committed by the respondent. The Court notes that complainants in the previous case, including Juanita Manaois (the complainant in this case), had also suffered the same fate in their dealings with the respondent, demonstrating his propensity to employ deceit and misrepresentation.

PRINCIPLES:

  • Canon 1, Rule 1.01 of the Code of Professional Responsibility provides that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

  • The Code of Professional Responsibility mandates that a lawyer shall at all times uphold the integrity and dignity of the legal profession. The conduct of a lawyer should not lessen the confidence of the public in the fidelity, honesty, and integrity of the profession.

  • Possession of good moral character is not only a good condition precedent to the practice of law, but also a continuing qualification for all members of the Bar.