Manaois Vs Deciembre
Manaois Vs Deciembre
SUPREME COURT
Manila
SECOND DIVISION
ADM. CASE No. 5364
not just an isolated case as several of complainants officemates had also fallen prey to respondents cunning
scheme. Thus, he recommended respondents suspension from the practice of law for five (5) years. The IBP
Board of Governors adopted and approved the Commissioners report and recommendation in Resolution No.
XVIII-2007-133 dated 28 September 2007.
The Court sustains the resolution of the IBP Board of Governors except as to the recommended penalty.
Canon 1, Rule 1.01 of the Code of Professional Responsibility provides:
CANON 1 A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
The Code of Professional Responsibility likewise mandates that "a lawyer shall at all times uphold the integrity
and dignity of the legal profession."7 To this end, nothing should be done by any member of the legal fraternity
which might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the
profession.8
Evidently, respondent failed to comply with the foregoing canons. As shown by the records and as found by the
Commissioner, complainant had supplied respondent with blank personal checks as security for the P20,000
loan she had contracted and which respondent subsequently deceitfully filled out with various amounts they had
not agreed upon and with full knowledge that the loan had already been paid. After the filled-out checks had
been dishonored upon presentment, respondent even imprudently filed multiple lawsuits against complainant.
Verily, respondent is guilty of serious dishonesty and professional misconduct. He committed an act indicative
of moral depravity not expected from and highly unbecoming of a member of the Bar.9 The fact that the conduct
pertained to respondents private dealings with complainant is of no moment. A lawyer may be suspended or
disbarred for any misconduct, even if it pertains to his private activities, as long as it shows him to be wanting
in moral character, honesty, probity or good demeanor. 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.10
For the record, respondent has already been indefinitely suspended from the practice of law in A.C. No. 5365
entitled Olbes v. Deciembre,11 a case involving an offense and a set of facts similar to the case at bar. In the said
case, the Court notes that complainants therein averred that "many of their officematesamong them, Juanita
Manaois, Honorata Acosta and Eugenia Mendozahad suffered the same fate in their dealings with respondent
(Deciembre)."12 This demonstrates respondents propensity to employ deceit and misrepresentation. As such,
following our ruling in Olbes, the Court hereby imposes the same penalty upon respondent in the present case.
WHEREFORE, Atty. Victor V. Deciembre is found guilty of gross misconduct and violation of Rules 1.01 and
7.03 of the Code of Professional Responsibility. He is SUSPENDED indefinitely from the practice of law.
Let copies of this Resolution be furnished all courts, as well as the Office of the Bar Confidant which is directed
to append a copy hereof to respondents personal record. Let another copy be furnished the National Office of
the Integrated Bar of the Philippines.
SO ORDERED.
Quisumbing, Chairperson Carpio-Morales, Velasco, Jr., Brion, JJ., concur.