[ SC CIRCULAR NO. 36-2001, May 22, 2001 ]

[ SC CIRCULAR NO. 36-2001, May 22, 2001 ]

[ SC CIRCULAR NO. 36-2001, May 22, 2001 ]

TO : THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, SHARP A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARP A CIRCUIT COURTS, THE OFFICE OF THE STATE PROSECUTOR, PUBLIC DEFENDER'S OFFICE AND THE INTEGRATED BAR OF THE PHILIPPINES

SUBJECT : SUSPENSION OF ATTY. SERGIO ANGELES FOR ONE (l)YEAR

For the information and guidance of all concerned, quoted hereunder is the resolution of the First Division in Administrative Case No. 2519 entitled "Teodoro R. Rivera, et al vs. Atty. Sergio Angeles" dated 29 June 2000, to wit:

"On March 25, 1983, complainants filed a Complaint for Disbarment against Atty. Sergio Angeles on the grounds of Deceit and Malpractice, xxx

xxx

The Board of Governors of the Integrated Bar of the Philippines on June 19, 1999, issued a resolution, the decretal portion of which reads:

'RESOLUTION NO. XIII-99-151 Adm. Case No. 2519 Teodoro R. Rivera, et al. vs. Atty. Sergio Angeles

RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution/Decision as Annex "A"; and, finding the recommendation fully supported by the amendment that Atty. Sergio Angeles is SUSPENDED from the practice of law for ONE (1) YEAR for his having been found guilty of practicing deceit in dealing with his client.'

The Court finds merit in the recommendation of the Integrated Bar of the Philippines. Respondent's act of deceit and malpractice indubitably demonstrated his failure to live up to his sworn duties as a lawyer. The Supreme Court repeatedly stressed the importance of integrity and good moral character as part of a lawyer's equipment in the practice of his profession. [4] For it cannot be denied that the respect of litigants for the profession is inexorably diminished whenever a member of the Bar betrays their trust and confidence. [5]

The Court is not oblivious of the right of a lawyer to be paid for the legal services he has extended to his client but such right should not be exercised whimsically by appropriating to himself the money intended for his clients. There should never be an instance where the victor in litigation loses everything he won to the fees of his own lawyer.

WHEREFORE, respondent Atty. Sergio Angeles, is SUSPENDED from the practice of law for ONE (1) YEAR for having been found guilty of practicing deceit in dealing with his client.

This resolution shall take effect immediately and copies thereof furnished the Office of the Bar Confidant, Integrated Bar of the Philippines and appended to respondent's personal record."

On 20 November 2000, the First Division of this Court Resolved to DENY with FINALITY the motion of the respondent for reconsideration of the said resolution of 29 August 2000.The motion dated 5 October 2000 of respondent for leave to file his memorandum in support of his motion reconsideration of the resolution of 29 August 2000 was likewise DENIED in the resolution dated 17 January 2001.Copy of which was received by respondent on 2 February 2001.

22 May 2001

(Sgd.)ZENAIDA N. ELEPAÑO

Acting Court Administrator

[4] Fernandez v. Grecia, AC. No. 3694, June 17,1993,223 SCRA 425. [5] Busiños v. Ricafort, A.C. No. 4349, December 22,1997,283 SCRA 407.