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ADRIAN M. KELLEY v. ATTY. CIPRIANO D. ROBIELOS III

## FACTS:

The case involves an administrative complaint filed by Adrian M. Kelley against Atty. Cipriano D. Robielos III, alleging grave misconduct. In February 2016, Atty. Robielos borrowed PHP 240,000 from Kelley and issued a Bank of Commerce check dated June 30, 2016, as payment. However, the check was dishonored due to insufficient funds. Kelley sent a demand letter on July 30, 2016, but Atty. Robielos partially paid only PHP 60,000 after entering a "Kasunduan ng Pag-Aayos" agreement for installment payments before a barangay chairman. Subsequently, Kelley filed a small claims case, and the Metropolitan Trial Court (MeTC) Branch 51 ordered Atty. Robielos to pay PHP 180,000 with interest. Atty. Robielos opposed execution of the decision, claiming a mild stroke, and later argued that the check was not meant for encashment but to "return a favor." The MeTC found this argument meritless and affirmed the order of execution. Despite an alias writ of execution, Atty. Robielos refused to pay, leading Kelley to file the present administrative case. During the proceedings before the Integrated Bar of the Philippines (IBP), Atty. Robielos repeatedly failed to file required documents and appear for mandatory conferences, causing the continuation of the complaint against him.

ISSUES

  1. Whether Atty. Cipriano D. Robielos III is administratively liable for issuing a worthless check and failing to pay his debt.

  2. Whether Atty. Cipriano D. Robielos III is liable for disrespecting the directives of the IBP Committee on Bar Discipline (IBP-CBD).

RULING

  1. Atty. Cipriano D. Robielos III is administratively liable for issuing a worthless check and failing to pay his debt. The Court found that his actions constituted gross misconduct, involving deceitful conduct contrary to justice and good morals. Consequently, he is disbarred from the practice of law.

  2. Atty. Cipriano D. Robielos III is liable for disrespecting the directives of the IBP-CBD. He repeatedly ignored orders to file his answer, attend mandatory conferences, and file his position paper, demonstrating disregard for legal processes and judicial authorities. For this, he is imposed a fine of PHP 35,000.00.

PRINCIPLES

  1. Gross misconduct and deceitful conduct: A lawyer's deliberate failure to pay just debts and the issuance of worthless checks constitute gross misconduct.

  2. Canon II, CPRA: A lawyer shall at all times act with propriety, honesty, respect, and courtesy, maintaining the highest standards of ethical behavior.

  3. Canon III, Section 2, CPRA: A lawyer shall uphold the constitution, obey the laws of the land, promote respect for legal processes, and conscientiously assist in the administration of justice.

  4. Penalty for Gross Misconduct: Issuing a worthless check and failing to pay debts can result in disbarment.

  5. Obligation to comply with IBP directives: A lawyer must respect and comply with the orders of the IBP and judicial authorities.