Republic of the
Supreme Court
|
MANUEL
C. YUHICO, Complainant,
- versus - ATTY. FRED L. GUTIERREZ, Respondent. |
A.C. No.
8391 [Formerly CBD Case No. 06-1631] Present: CARPIO, CARPIO-MORALES, VELASCO, JR., NACHURA, LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN,
ABAD, VILLARAMA, JR., PEREZ, SERENO JJ. Promulgated: November 23, 2010 |
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DECISION
PER CURIAM:
Before us is a Complaint[1]
dated January 10, 2006 for disciplinary
action against respondent Atty. Fred L. Gutierrez (Gutierrez) filed by Manuel
C. Yuhico (Yuhico) for violation of Rule 1.01 of the Code of Professional
Responsibility.
The antecedent facts of the case are as follows:
Complainant Yuhico alleged that he met Gutierrez at the Office of the
City Prosecutor in
On P30,000.00.
Gutierrez then claimed that he needed money to pay for the medical expenses of
his mother who was seriously ill. Yuhico immediately handed the money. In turn,
Gutierrez promised to pay the loan very soon, since he was expecting to collect
his attorney's fees from a Japanese client.
On P60,000.00,
allegedly to pay the medical expenses of his wife who was also hospitalized.
Again, Yuhico readily issued to Atty. Gutierrez an Equitable PCI Bank check
amounting to P60,000.00.[2]
Again, Gutierrez promised to pay his two loans totalling to P90,000.00
“within a short time.”
On
I really don't know how to say this as I
don't want to think that I may be taking advantage of our friendship. You see
i've long expected as substantial attorney's fees since last week from my
client Ogami from japan. It's more or less more than 5m and its release is
delayed due to tax and the law on money laundering. From my estimate it wud be
collected by me on or b4 august 5. N the meantime I am quite in a financial
difficulty as everyone is.
Later, Yuhico alleged that Gutierrez attempted to borrow money from him
again. He said Gutierrez claimed that his daughter needed P70,000.00 to
pay the fees required to take the licensure examination in the U.S. Medical
Board. Gutierrez assured him that he will pay all his debts on or before
As you are aware of these past few days were
really great trials 4 me. My mother died, my wife got sick and now my bro in
law died. These events led me to struggling finances. To get me going I tried
to sel my car but my buyer backed out. Now my immediate problem is the amt of
70thousand which my daughter needs for her payment sa
However, this time, Yuhico refused to lend Gutierrez any amount of money.
Instead, he demanded from Gutierrez the payment of his debts. Gutierrez then
sent another text message to Yuhico on
Yuhico repeatedly requested the payment of loans from Gutierrez from
August to December 2005. Gutierrez, on the other hand, for numerous times
promised to pay, but always failed to do so.
At one point, Gutierrez even asked Yuhico's account number and promised
to deposit his payment there, but he never deposited the payment.
On
Thus, Yuhico filed the instant complaint against Gutierrez before the Integrated
Bar of the Philippines-Commission on Bar Discipline (IBP-CBD).
On
In his Answer,[5]
Gutierrez claimed that Yuhico was the one who offered to lend him money in
gratitude for the assistance he extended to the latter when he was under threat
by his clients. He, however, admitted that he accepted the loan due to
compelling circumstances. Gutierrez added that he has no intention of evading
his obligation to pay his debts, but he is currently in financial distress,
thus, he cannot pay his debts yet. He claimed he will pay his debts when his
financial condition improves.
On
On
Likewise, during the clarificatory hearing before the IBP-CBD, only the
complainant's counsel attended. There was no appearance on the part of
Gutierrez.
In his Position Paper, Yuhico manifested that the Supreme Court, in Huyssen
v. Atty. Gutierrez,[6]
had already disbarred Gutierrez from the practice of law for gross misconduct,
in view of his failure to pay his debts and his issuance of worthless checks.
Subsequently, in a Resolution dated P90,000.00) to Yuhico, with interest until full payment.
In view of the previous disbarment of
Gutierrez, the IBP-CBD recommended to the Court that, instead of rendering the
instant case moot, Gutierrez should be disbarred anew effective upon the
expiration of the sanction pursuant to the March 26, 2004 Supreme Court
Decision. The IBP-CBD explained that while we do not have jurisprudence on the
issue of double or multiple disbarment, the American jurisprudence, however,
recognizes double or multiple disbarments as well as the minimum requirement of
five (5) years for readmission to the Bar.
On P90,000.00), this time, without
interest.
We
sustain the findings of the IBP, but with modification as to its
recommendations.
We have held that deliberate failure
to pay just debts constitute gross misconduct, for which a lawyer may be
sanctioned with suspension from the practice of law. Lawyers are instruments
for the administration of justice and vanguards of our legal system. They are
expected to maintain not only legal proficiency, but also a high standard of
morality, honesty, integrity and fair dealing so that the people’s faith and
confidence in the judicial system is ensured. They must, at all times,
faithfully perform their duties to society, to the bar, the courts and to their
clients, which include prompt payment of financial obligations. They must
conduct themselves in a manner that reflects the values and norms of the legal
profession as embodied in the Code of Professional Responsibility.[7]
In
the instant case, there is no question as to Gutierrez's guilt. His admission
of the loan he contracted and his failure to pay the same leaves no room for
interpretation. Neither can he justify his act of non-payment of debt by his
dire financial condition. Gutierrez should not have contracted loans which are
beyond his financial capacity to pay.
Likewise,
we cannot overlook Gutierrez's propensity of employing deceit and misrepresentations
for the purpose of obtaining debts without the intention of paying them. Records
show Gutierrez's pattern of habitually making promises of paying his debts, yet
repeatedly failing to deliver. The series of text messages he sent to Yuhico
promising to pay his loans, while simultaneously giving excuses without
actually making good of his promises, is clearly reprehensible. Undoubtedly, his acts demonstrate lack of
moral character to satisfy the responsibilities and duties imposed on lawyers
as professionals and as officers of the court.
We
also note that in Huyssen v. Atty. Gutierrez,[8]
the Court had already disbarred Gutierrez from the practice of law for
gross misconduct due to non-payment of just debts and issuance of bouncing
checks.
In view of the foregoing, while we agree with the findings of the
IBP, we cannot, however, adopt its recommendation to disbar Gutierrez for the
second time, considering that Gutierrez had already been previously disbarred.
Indeed, as the IBP pointed out, we do not have double or multiple disbarment in
our laws or jurisprudence. Neither do we have a law mandating a minimum 5-year
requirement for readmission, as cited by the IBP. Thus, while Gutierrez's
infraction calls for the penalty of disbarment, we cannot disbar him anew.
WHEREFORE, Resolution No. XVIII-2008-649 dated P90,000.00) to the complainant
immediately from receipt of this decision with interest.
Let
a copy of this Decision be furnished and properly recorded in the Office of the
Bar Confidant, to be appended to the personal record of Gutierrez; the Integrated Bar of the
Philippines; and the Office of the Court Administrator, for circulation to all
courts in the country for their information and guidance.
This
Decision shall be immediately executory.
|
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SO ORDERED.
RENATO C. CORONA
Chief Justice
|
ANTONIO T.
CARPIO Associate Justice |
CONCHITA
CARPIO MORALES Associate Justice |
|
PRESBITERO
J. VELASCO, JR. Associate Justice |
ANTONIO
EDUARDO B. NACHURA Associate Justice |
|
ARTURO D. BRION Associate Justice |
TTERESITA J. LEONARDO-DE CASTRO Associate Justice |
|
DIOSDADO
M. PERALTA Associate Justice |
LUCAS
P. BERSAMIN Associate Justice |
|
On Official Leave MARIANO
C. Associate Justice |
ROBERTO
A. ABAD Associate Justice |
|
MARTIN
S. VILLARAMA, JR. Associate Justice JOSE
CATRAL Associate Justice |
JOSE
Associate Justice MARIA Associate Justice |
* On official leave.
[1] Rollo, pp. 1-5.
[2]
[3]
[4]
[5]
[6] A.C. No. 6707,
[7] A-1 Financial Services, Inc. v. Atty. Laarni N. Valerio, A.C. No. 8390, July 2, 2010, citing Barrientos v. Libiran-Meteoro, 480 Phil. 661, 671 (2004).
[8] Supra note 6.