Deceitful Practices by Lawyers: When Suspension and Disbarment Apply

The practice of law is a privilege burdened with conditions. Lawyers must uphold the highest standards of honesty and integrity, both in their dealings with clients and the public. When attorneys engage in deceitful practices, they face severe disciplinary sanctions, including suspension or disbarment. The Supreme Court's decision in Velasco v. Doroin and Centeno (A.C. No. 5033, July 28, 2008) provides a clear illustration of when these penalties apply.

The Case: Forgery and Falsification in Estate Settlement

The complainant, Mary Jane Velasco, was appointed administratrix in a special proceedings case for the settlement of her late father's estate. The respondents, Attys. Charlie Doroin and Hector Centeno, served as collaborating counsels for the oppositor in that case.

Velasco alleged that Atty. Doroin used deceitful means to make her sign an Extra-Judicial Settlement and Deed of Partition that unfairly allocated the estate. The settlement gave the oppositor a much larger share than the complainant and excluded the complainant's mother—the legal wife of the deceased—entirely. The respondents also allegedly forged the signature of the complainant's late father on a Deed of Absolute Sale for a property included in the estate. Atty. Centeno, as a notary public, made it appear that the deceased appeared before him to sign the deed—even though the father had died nearly a year earlier.

The Issue Before the Court

The central question was whether the respondent lawyers violated their lawyer's oath and Rule 1.01, Canon 1 of the Code of Professional Responsibility, which states: "A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct."

The Ruling: Guilt Beyond Dispute

The Supreme Court found the respondents guilty. Notably, the respondents failed to answer the complaint despite multiple notices and failed to appear at the disciplinary hearings. The Court held that their failure to respond left the complainant's allegations uncontroverted. Citing Ngayan v. Tugade, the Court noted that a lawyer's failure to answer a complaint and appear at investigation "are evidence of his flouting resistance to lawful orders of the court and illustrate his despiciency for his oath of office."

The Court emphasized that lawyers must conduct themselves beyond reproach at all times. Membership in the bar is a privilege that can be revoked for misconduct, as long as the lawyer is given an opportunity to be heard.

Different Penalties for Different Conduct

The Court distinguished between the two respondents. Atty. Doroin was suspended indefinitely. The Court acknowledged that disbarment is a grave penalty, as it strips a lawyer of a career and means of livelihood.

However, the Court was less lenient with Atty. Centeno. Aside from the dishonest act of depriving a person of her rightful inheritance, he committed a criminal offense by falsifying a public document. He then absconded from the criminal proceedings after posting bail. For these reasons, the Court ordered his disbarment.

Practical Takeaways

• Deceitful conduct is a clear violation of the Code of Professional Responsibility. Lawyers who engage in dishonest practices face disciplinary action, including suspension or disbarment.
• Failure to answer a complaint can be fatal. Ignoring disciplinary complaints and failing to appear at hearings leaves allegations uncontroverted and demonstrates contempt for lawful orders.
• Falsifying documents carries severe consequences. When a lawyer commits a criminal offense like falsification of public documents, disbarment is a likely penalty.
• Compulsory heirs cannot be deprived of their legitimes. An extrajudicial settlement cannot deprive a surviving spouse of her rightful share in the estate, especially when she is not a party to the settlement.
• The privilege to practice law demands integrity. Lawyers must uphold the law and maintain public confidence in the legal profession at all times.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.