Grande Vs de Silva (Actual Case)

EN BANC
[A.C. No. 4838. July 29, 2003]
EMILIO GRANDE, complainant, vs. ATTY. EVANGELINE DE

SILVA, respondent.
DECISION
YNARES-SANTIAGO, J.:
Complainant Emilio Grande was the private offended party in Criminal

Cases Nos. 96-1346 to 96-1353, filed with the Regional Trial Court of Marikina
City, Branch 273, for Estafa and Violation of Batas Pambansa Bilang 22,
entitled People of the Philippines, Plaintiff versus Sergio Natividad,
Accused. During the proceedings, respondent Atty. Evangeline de Silva,
counsel for the accused, tendered to complainant Check No. 0023638 in the
amount of P144,768.00, drawn against her account with the Philippine
National Bank, as settlement of the civil aspect of the case against her
client. Complainant refused to accept the check, but respondent assured him
that the same will be paid upon its presentment to her drawee bank. She
manifested that as a lawyer, she would not issue a check which is not
sufficiently funded. Thus, respondent was prevailed upon by complainant to
accept the check. Consequently, he desisted from participating as a
complaining witness in the criminal case, which led to the dismissal of the
same and the release of the accused, Sergio Natividad.
When complainant deposited the check, the same was returned unpaid by
the drawee bank for the reason: Account Closed. On June 19, 1997,
complainant wrote a letter to respondent demanding that she pay the face
value of the check. However, his demand was ignored by respondent; hence,
[1]
he instituted a criminal complaint against her for Estafa and Violation of Batas
Pambansa Bilang 22 with the Office of the City Prosecutor of Marikina, which
was docketed as I.S. No. 97-1036. On September 22, 1997, the Marikina City
Prosecutor filed the necessary information for violation of Batas Pambansa
Bilang 22 against respondent Atty. Evangeline de Silva. [2]
On November 10, 1997, complainant filed the instant administrative

complaint for disbarment of respondent for deceit and violation of the Lawyers
Oath.[3]
In a Resolution dated February 2, 1998 sent to respondents given address
at Carmelo Compound, Newton Avenue, Mayamot, Antipolo City, she was
required to comment on the complaint within ten (10) days from
notice. However, it was returned unserved with the notation Moved. The
[4] [5]
Assistant National Secretary of the IBP submitted the latest address of

respondent as 274 M.H. Del Pilar Street, Pasig City. [6]
On June 20, 2001, another resolution requiring respondent to comment on

the administrative complaint filed against her was served at the aforesaid
address. This was again returned unserved with the notation: Refused. Thus,
the case was referred to the IBP Commission on Bar Discipline (IBP-CBD) for
investigation, report and recommendation. [7]
In a Report dated December 6, 2001, Investigating Commissioner

Florimond C. Rous found respondent guilty of deceit, gross misconduct and
violation of the Lawyers Oath. Thus, he recommended that respondent be
suspended from the practice of law for two (2) years.
On October 19, 2002, the IBP Board of Governors passed Resolution No.
XV-2002-554 which adopted the recommendation of the Investigating
Commissioner that respondent be suspended from the practice of law for two
(2) years.
We fully agree with the findings and recommendation of the IBP Board of
Governors.
The record shows that respondent prevailed upon complainant to accept
her personal check by way of settlement for the civil liability of her client,
Sergio Natividad, with the assurance that the check will have sufficient funds
when presented for payment. In doing so, she deceived complainant into
withdrawing his complaint against her client in exchange for a check which
she drew against a closed account.
It is clear that the breach of trust committed by respondent in issuing a
bouncing check amounted to deceit and constituted a violation of her oath, for
which she should be accordingly penalized. Such an act constitutes gross
[8]
misconduct and the penalties for such malfeasance is prescribed by Rule 138,
Section 27of the Rules of Court, to wit:
SEC. 27. Disbarment and suspension of attorneys by Supreme Court, grounds

therefore. A member of the bar may be disbarred or suspended from his office as
attorney by the Supreme Court for any deceit, malpractice or other gross misconduct
in such office, grossly immoral conduct or by reason of his conviction of a crime
involving moral turpitude, or for any violation of the oath which he is required to take
before the admission to practice, or for a willful disobedience appearing as attorney
for a party without authority to do so.
The nature of the office of an attorney requires that a lawyer shall be a

person of good moral character. Since this qualification is a condition
precedent to a license to enter upon the practice of law, the maintenance
thereof is equally essential during the continuance of the practice and the
exercise of the privilege. Gross misconduct which puts the lawyers moral
character in serious doubt may render her unfit to continue in the practice of
law.[9]
The loss of moral character of a lawyer for any reason whatsoever shall
warrant her suspension or disbarment, because it is important that members
[10]
of the legal brotherhood must conform to the highest standards of

morality. Any wrongdoing which indicates moral unfitness for the profession,
[11]
whether it be professional or non-professional, justifies disciplinary

action. Thus, a lawyer may be disciplined for evading payment of a debt
validly incurred. Such conduct is unbecoming and does not speak well of a
member of the bar, for a lawyers professional and personal conduct must at
all times be kept beyond reproach and above suspicion. [12]
Moreover, the attitude of respondent in deliberately refusing to accept the

notices served on her betrays a deplorably willful character or disposition
which stains the nobility of the legal profession. Her conduct not only
[13]
underscores her utter lack of respect for authority; it also brings to the fore a
darker and more sinister character flaw in her psyche which renders highly
questionable her moral fitness to continue in the practice of law: a defiance for
law and order which is at the very core of her profession.
Such defiance is anathema to those who seek a career in the
administration of justice because obedience to the dictates of the law and
justice is demanded of every lawyer. How else would respondent even
endeavor to serve justice and uphold the law when she disdains to follow
even simple directives? Indeed, the first and foremost command of the Code
of Professional Responsibility could not be any clearer:
CANON 1. A LAWYER SHALL UPHOLD THE

CONSTITUTION OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LEGAL PROCESSES.
Needless to state, respondents persistent refusal to comply with lawful

orders directed at her with not even an explanation for doing so is
contumacious conduct which merits no compassion. The duty of a lawyer is to
uphold the integrity and dignity of the legal profession at all times. She can
only do this by faithfully performing her duties to society, to the bar, to the
courts and to her clients. We can not tolerate any misconduct that tends to
[14]
besmirch the fair name of an honorable profession.

WHEREFORE, in view of the foregoing, respondent ATTY. EVANGELINE
DE SILVA is SUSPENDED from the practice of law for a period of Two (2)
Years, effective upon receipt hereof. Let copies of this Decision be entered in
her record as attorney and be furnished the Integrated Bar of the Philippines
and all courts in the country for their information and guidance.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing, Carpio,
Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna, and Tinga,
JJ., concur.
Sandoval-Gutierrez, J., on official leave.

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EN BANC

[A.C. No. 4838. July 29, 2003]

EMILIO GRANDE, complainant, vs. ATTY. EVANGELINE DE

Complainant Emilio Grande was the private offended party in Criminal

On November 10, 1997, complainant filed the instant administrative

Assistant National Secretary of the IBP submitted the latest address of

On June 20, 2001, another resolution requiring respondent to comment on

In a Report dated December 6, 2001, Investigating Commissioner

SEC. 27. Disbarment and suspension of attorneys by Supreme Court, grounds

The nature of the office of an attorney requires that a lawyer shall be a

of the legal brotherhood must conform to the highest standards of

whether it be professional or non-professional, justifies disciplinary

Moreover, the attitude of respondent in deliberately refusing to accept the

CANON 1. A LAWYER SHALL UPHOLD THE

Needless to state, respondents persistent refusal to comply with lawful

besmirch the fair name of an honorable profession.

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