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  • Ong Vs Atty. Unto Digest

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    Christopher Advincula
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    This case involves a disbarment complaint filed against attorney Elpidio Unto by Alex Ong for malpractice and conduct unbecoming of a lawyer. Unto represented a client, Ms. Garganian, in a case against Ong. When Ong did not comply with Unto's demands, Unto threatened Ong and filed unfounded criminal charges against Ong and his associates. The court found Unto violated ethics rules by using threats to obtain an improper advantage and filing cases unrelated to his client's matter. Unto was suspended from practice for 5 months for his unethical conduct.

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    1. Ong vs Atty. Unto Digest

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    This case involves a disbarment complaint filed against attorney Elpidio Unto by Alex Ong for malpractice and conduct unbecoming of a lawyer. Unto represented a client, Ms. Garganian, in a case against Ong. When Ong did not comply with Unto's demands, Unto threatened Ong and filed unfounded criminal charges against Ong and his associates. The court found Unto violated ethics rules by using threats to obtain an improper advantage and filing cases unrelated to his client's matter. Unto was suspended from practice for 5 months for his unethical conduct.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    108 views1 page

    Ong Vs Atty. Unto Digest

    Uploaded by

    Christopher Advincula
    This case involves a disbarment complaint filed against attorney Elpidio Unto by Alex Ong for malpractice and conduct unbecoming of a lawyer. Unto represented a client, Ms. Garganian, in a case against Ong. When Ong did not comply with Unto's demands, Unto threatened Ong and filed unfounded criminal charges against Ong and his associates. The court found Unto violated ethics rules by using threats to obtain an improper advantage and filing cases unrelated to his client's matter. Unto was suspended from practice for 5 months for his unethical conduct.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    ALEX ONG, 

    complainant
    vs.
    ATTY. ELPIDIO D. UNTO, respondent
    Adm. Case No. 2417
    February 6, 2002

    FACTS:
    This is a disbarment case filed by Alex Ong against Atty. Elpidio D. Unto, for malpractice of
    law and conduct unbecoming of a lawyer.
    A few days thereafter, the respondent wrote a letter addressed to Dr. Jose Bueno (Agaw),
    an emissary of the complainant. In this letter, the respondent listed down the alleged additional
    financial demands of Ms. Garganian against the complainant and discussed the courses of action
    that he would take against the complainant should the latter fail to comply with his obligation to
    support Ms. Garganian and her son. The relevant portion of the respondent’s second letter
    It was alleged that the real father of Ms. Garganians son was the complainants brother and
    that the complainant merely assumed his brothers obligation to appease Ms. Garganian who was
    threatening to sue them. The complainant then did not comply with the demands against him.
    Consequently, the respondent filed a complaint 5 with the Office of the City Fiscal (now
    Prosecutors Office) of Dumaguete City against the complainant, his wife, Bella Lim, and one Albina
    Ong, for alleged violation of the Retail Trade Nationalization Law and the Anti-Dummy Law.
    It is evident from the records that he tried to coerce the complainant to comply with his
    letter-demand by threatening to file various charges against the latter. When the complainant did
    not heed his warning, he made good his threat and filed a string of criminal and administrative
    cases against the complainant.
    They, however, did not have any bearing or connection to the cause of his client. The
    records show that the respondent offered monetary rewards to anyone who could provide him any
    information against the complainant just so he would have leverage in his actions against the
    latter.

    ISSUE:
    Whether or not Atty. Unto’s acts guilty of malpractice of law and conduct unbecoming of
    lawyer.

    HELD:
    Yes. Canon 19 of the Code of Professional Responsibility mandates lawyers to represent
    their clients with zeal but within the bounds of the law. Rule 19.01 further commands that “a
    lawyer shall employ only fair and honest means to attain the lawful objectives of his client and
    shall not present, participate, or threaten to present unfounded criminal charges to obtain an
    improper advantage in any case or proceeding.”
    We find the respondent’s action to be malicious as the case instituted against the
    complainant did not have any bearing or connection to the cause of his client, Ms. Garganian.
    Clearly, the respondent has violated the proscription in Canon 19, Rule 19.01. His behavior is
    inexcusable. His tactic is unethical and runs counter to the rules that a lawyer shall not, for corrupt
    motive or interest, encourage any suit or proceeding and he shall not do any act designed primarily
    to solicit legal business.
    The ethics of the legal profession rightly enjoin lawyers to act with the highest standards of
    truthfulness, fair play and nobility in the course of his practice of law. A lawyer may be disciplined
    or suspended for any misconduct, whether in his professional or private capacity. Public confidence
    in law and lawyers may be eroded by the irresponsible and improper conduct of a member of the
    Bar. Thus, every lawyer should act and comport himself in such a manner that would promote
    public confidence in the integrity of the legal profession.
    IN VIEW WHEREOF, respondent ATTY. ELPIDIO D. UNTO is hereby declared guilty of
    conduct unbecoming of a lawyer. He is SUSPENDED from the practice of law for a period of five (5)
    months and sternly warned that a repetition of the same or similar act will be dealt with more
    severely.

    Christopher P. Advincula JD 1
    Basic Legal Ethics

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