Facts:
On February 10, 2005, the two met at Zensho Restaurant in
Tomas Morato, Quezon City to discuss the possibility of filing the complaint
against Queensway Travel and Tours because they did not settle their accounts
as demanded. After the dinner, respondent sent complainant home and while she
is about to step out of the car, respondent hold her arm and kissed her on the
cheek and embraced her very tightly.
Again, on March 6, 2005, at about past 10:00 in the morning,
she met respondent at Starbucks coffee shop in West Avenue, Quezon City to
finalize the draft of the complaint to be filed in Court. After the meeting,
respondent offered again a ride, which he usually did every time they met.
Along the way, complainant was wandering why she felt so sleepy where in fact
she just got up from bed a few hours ago. At along Roosevelt Avenue immediately
after corner of Felipe St., in San Francisco Del Monte, Quezon City when she
was almost restless respondent stopped his car and forcefully hold her face and
kissed her lips while the other hand was holding her breast. Complainant even
in a state of shocked succeeded in resisting his criminal attempt and
immediately manage to go out of the car.
In the late afternoon, complainant sent a text message to
respondent informing him that she decided to refer the case with another lawyer
and needs to get back the case folder from him. The communications transpired
was recorded in her cellular phone and read as follows:
Sent by
complainant
At 5:33:46 pm |
-
forget the case. I decided to refer it with other lawyer
|
replied
by respondent
at 6:16:11 pm |
-
"does this mean I can not c u anymore"
(Does this mean I cannot see you anymore) |
sent by
complainant
at 6:17:59 pm |
- I
feel bad. I can’t expect that u will take advantage of the situation.
|
Follow-up
message
Sent by complainant At 6:29:30 pm |
- wrong
to kiss a girl especially in the lips if you don’t have relationship with
her.
|
Replied
by respondent
At 6:32:43 pm |
-
"I’m veri sri. It’s not tking advantage of the situation, 2 put it
rightly it s an expression of feeling. S sri" (I’m very sorry. Its not
taking advantage of the situation, to put it rightly it is an expression of
feeling)
|
Follow
up message
by respondent at 6:42:25 pm |
- I’m s
sri. Il not do it again. Wil u stil c me s I can show u my sincerity"
(I’m so sorry. I’ll not do it again. Will you still see me so I can show you
my sincerity)
|
On the following day, March 7, 2005 respondent sent another
message to complainant at 3:55:32 pm saying "I don’t know wat 2 do s u may
4give me. "Im realy sri. Puede bati na tyo." (I don’t know what to do
so you may forgive me. I’m really sorry. Puede bati na tayo).
Respondent replied "talk to my lawyer in due
time." Then another message was received by her at 4:06:33 pm saying
"Ano k ba. I’m really sri. Pls. Nxt ime bhave n me." (Ano ka ba. I’m
really sorry. Please next time behave na ko), which is a clear manifestation of
admission of guilt.
In his answer, respondent admitted that he agreed to provide
legal services to the complainant; that he met with complainant on 10 February
2005 and 6 March 2005, to discuss the relevant matters relative to the case which
complainant was intending to file against the owners of Queensway Travel and
Tours for collection of a sum of money; that on both occasions, complainant
rode with him in his car where he held and kissed complainant on the lips as
the former offered her lips to him; and, that the corner of Cooper Street and
Roosevelt Avenue, where he dropped off the complainant, was a busy street
teeming with people, thus, it would have been impossible to commit the acts
imputed to him.
By way of defense, respondent further elucidated that: 1)
there was a criminal case for Acts of Lasciviousness filed by complainant
against respondent pending before the Office of the City Prosecutor in Quezon
City; 2) the legal name of complainant is Cynthia Advincula Toriana since she remains
married to a certain Jinky Toriana because the civil case for the nullification
of their marriage was archived pursuant to the Order dated 6 December 2000
issued by the Regional Trial Court of Maburao, Occidental Mindoro; 3) the
complainant was living with a man not her husband; and 4) the complainant never
bothered to discuss respondent’s fees and it was respondent who always paid for
their bills every time they met and ate at a restaurant.
A hearing was conducted by the Commission on Bar Discipline
of the Integrated Bar of the Philippines (IBP) at the IBP Building, Ortigas
Center, Pasig City, on 26 July 2005. On 30 September 2005, Investigating
Commissioner Dennis A. B. Funa submitted his Report and Recommendation,
recommending the imposition of the penalty of one (1) month suspension on
respondent for violation of the Code of Professional Responsibility.
Thereafter, the IBP passed Resolution No. XVII-2006-117
dated 20 March 2006, approving and adopting, with modification, the
recommendation of the Investigating Commissioner.
Issue:
Whether respondent committed acts that are grossly immoral
or which constitute serious moral depravity that would warrant his disbarment
or suspension from the practice of law.
Held:
Held:
The Court citing the text messages come to the conclusion
that because right after the complainant expressed her annoyance at being
kissed by the respondent through a cellular phone text message, respondent
immediately extended an apology to complainant also via cellular phone text
message. The exchange of text messages between complainant and respondent bears
this out.
Be it noted also that the incident happened in a place where
there were several people in the vicinity considering that Roosevelt Avenue is
a major jeepney route for 24 hours. If respondent truly had malicious designs
on complainant, he could have brought her to a private place or a more remote
place where he could freely accomplish the same.
All told, as shown by the above circumstances, respondent’s
acts are not grossly immoral nor highly reprehensible to warrant disbarment or
suspension.
Complaint for disbarment is dismissed but respondent is
reprimanded to be more prudent and cautious in his dealing with his clients.
Full text of the case available at: http://sc.judiciary.gov.ph/jurisprudence/2007/march2007/A.C.%20No.%207204.htm
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