This document summarizes a legal case involving charges of deceit, grossly immoral conduct, and malpractice against attorney Ana Cristal-Tenorio. A former employee, Ana Cambaliza, filed a complaint alleging Cristal-Tenorio falsely presented herself as married, disseminated libelous affidavits, and used client funds for personal expenses. While the court found insufficient evidence for deceit and immoral conduct, Cristal-Tenorio was found guilty of malpractice for allowing her unauthorized husband to practice law in her firm. As a result, she was suspended from practice for 6 months.
This document summarizes a legal case involving charges of deceit, grossly immoral conduct, and malpractice against attorney Ana Cristal-Tenorio. A former employee, Ana Cambaliza, filed a complaint alleging Cristal-Tenorio falsely presented herself as married, disseminated libelous affidavits, and used client funds for personal expenses. While the court found insufficient evidence for deceit and immoral conduct, Cristal-Tenorio was found guilty of malpractice for allowing her unauthorized husband to practice law in her firm. As a result, she was suspended from practice for 6 months.
This document summarizes a legal case involving charges of deceit, grossly immoral conduct, and malpractice against attorney Ana Cristal-Tenorio. A former employee, Ana Cambaliza, filed a complaint alleging Cristal-Tenorio falsely presented herself as married, disseminated libelous affidavits, and used client funds for personal expenses. While the court found insufficient evidence for deceit and immoral conduct, Cristal-Tenorio was found guilty of malpractice for allowing her unauthorized husband to practice law in her firm. As a result, she was suspended from practice for 6 months.
Ponente: C.J. Davide Jr. I. Terms II. Canon 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law III. Rule 9.01 A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. IV. Reliefs Sought V. Complaint for disbarment against Atty. CristalTenorio VI. Facts Ana Cambaliza, a former employee of Ana Luz Cristal-Tenorio, filed a complaint for disbarment against Cristal-Tenorio, stating that she had commited deceit, grossly immoral conduct and malpractice. Deceit: falsely representing herself as married to Felicisimo Tenorio Jr., who has had a prior subsisting marriage, under the use of a false marriage contract, which the local civil registrar and the NSO had no record of. In the birth certificates of their 2 out of 4 children, the stated
date and place of marriage was in Manila in
February 10, 1980, while in the other 2 childrens birth certificate, their marriage was supposedly held in Malaybalay, Bukidnon on February 12, 1980. Grossly immoral conduct: dissemination of libelous affidavits against Makati Councilor Divina Jacome. Malpractice: 1) Illegal practice of Atty. CristalTenorios husband, 2) using clients money for her own use and benefit, and 3) threatening the complainant saying Isang bala ka lang. to deter her from divulging her illegal activities. In her answer, Atty. Cristal-Tenorio denied the allegations, saying that she and her husband was legally married on February 12, 1980 in Quezon City. Also, it was Councilor Jacome that had caused the execution of the document, and it was the complainants and her cohorts going around Makati to besmirch her good name and reputation. While for the allegations against malpractice, her law office, Cristal-Tenorio Law, is registered, and
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had no partners, and the estafa case had been
dropped. Atty Cristal-Tenorio added that the complainant was politically motivated, with other politicians promising to hire her in exchange for the execution of the complaint. She had also stated that the complainant simply wanted revenge because the respondent had terminated her, due to the complainants acts of extortion against clients. The complainant added allegations that 1) the law offices letterhead stated Felicisimos name as senior partner, 2) in the Sagip Communications Radio Groups ID card, which is signed by Felicisimo as the Chairman, Felicisimo is identified with the title as attorney, and 3) Felicisimo has appeared in court as counsel. The respondent replied that the letterheads were false reproductions, but admitted that Felicisimo and a certain Gerardo Panghulan were named as partners due to their investments in the firm. In November 13, 2002, the complainant filed a Motion to Withdraw, but the court found it necessary to continue with the investigation, as held in Rayos-Ombac v. Rayos, that disbarment
VIII.
may proceed regardless of the interest of the
complainant. VII. Issue/s and Held 1. Whether or not Atty. Cristal-Tenorio acted in deceit, grossly immoral conduct, and malpractice. IX. X. Held: XI. On the charges of deceit and grossly immoral conduct, the court held that the complainant failed to substantiate the charges. XII. XIII. But on the charge of malpractice, Atty. Cristal-Tenorio was found guilty, because of the unauthorized practice of her husband, which goes against Canon 9, and Rule 9.01 of the Code of Professional Responsibility. XIV. XV. Atty. Cristal-Tenorio was suspended from the practice of law for 6 months. XVI. XVII. Separate Opinions XVIII. None. <SURNAME> | 1C