ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-1958 Jurisprudence                 

  • G.R. Nos. L-9456 & L-9481 January 6, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. DOMINGO DE LARA

    102 Phil 813

  • G.R. No. L-9692 January 6, 1958 - COLLECTOR OF INTERNAL REVENUE v. BATANGAS TRANSPORTATION COMPANY

    102 Phil 822

  • G.R. Nos. L-8845-46 January 7, 1958 - BATANGAS TRANSPORTATION COMPANY v. MARTIN SOUZA

    102 Phil 835

  • G.R. No. L-10202 January 8, 1958 - IN RE: SY CHHUT alias TAN BING TIONG v. REPUBLIC OF THE PHIL.

    102 Phil 839

  • G.R. No. L-10420 January 10, 1958 - IN RE: LIM KIM So alias FRANCISCO LIM KIM SO v. REPUBLIC OF THE PHIL.

    102 Phil 843

  • G.R. Nos. L-10249-60 January 14, 1958 - PEOPLE OF THE PHIL. v. RUFINO CRISOSTOMO

    102 Phil 846

  • G.R. No. L-10285 January 14, 1958 - SAMPAGUITA SHOE v. COMMISSIONER OF CUSTOMS

    102 Phil 850

  • G.R. No. L-10423 January 21, 1958 - AMADO P. JALANDONI v. ANGELA MARTIR-GUANZON

    102 Phil 859

  • G.R. No. L-11000 January 21, 1958 - PEOPLE OF THE PHIL. v. ALICIA RAPIRAP

    102 Phil 863

  • G.R. No. L-11014 January 21, 1958 - VICTORIANA ESPIRITU v. THE MUNICIPAL COUNCIL

    102 Phil 866

  • G.R. No. L-10196 January 22, 1958 - SANTOS LUMBER COMPANY v. CITY OF CEBU

    102 Phil 870

  • G.R. No. L-10776 January 23, 1958 - MELITON HERRERA v. THE AUDITOR GENERAL OF THE REP. OF THE PHIL.

    102 Phil 875

  • G.R. No. L-10922 January 23, 1958 - GREGORIO P. DE GUZMAN v. JOSE B. RAMOSO

    102 Phil 883

  • G.R. No. L-12294 January 23, 1958 - UNITED PEPSI-COLA SALES ORGANIZATION (PAFLU) v. HON. ANTONIO CA‘IZARES

    102 Phil 887

  • G.R. No. L-10234 January 24, 1958 - IN RE: Victoriano Yap Subieng to be admitted a citizen of the Phil.; VICTORIANO YAP SUBIENG v. REP. OF THE PHIL.

    102 Phil 892

  • G.R. No. L-9689 January 27, 1958 - JESUS T. QUIAMBAO v. PEDRO R. PERALTA

    102 Phil 899

  • G.R. No. L-10806 January 27, 1958 - DAVID AZNAR v. ASUNCION SUCILLA

    102 Phil 902

  • G.R. No. L-11093 January 27, 1958 - LEONARDO ENAGE LABAJO v. CIRIACO ENRIQUEZ

    102 Phil 907

  • G.R. No. L-10446 January 28, 1958 - COLLEGE OF ORAL & DENTAL SURGERY v. COURT OF TAX APPEALS

    102 Phil 912

  • G.R. No. L-10874 January 28, 1958 - RUFINO D. ANDRES v. THE CROWN LIFE INSURANCE COMPANY

    102 Phil 919

  • G.R. No. L-10702 January 29, 1958 - PEOPLE OF THE PHIL. v. SIXTO CABARLES

    102 Phil 926

  • G.R. No. L-10091 January 29, 1958 - BOY SCOUTS OF THE PHIL. v. JULIANA V. ARAOS

    102 Phil 1080

  • G.R. No. L-11343 January 29, 1958 - CARLOS LEDESMA v. COURT OF TAX APPEALS

    102 Phil 931

  • G.R. No. L-11248 January 30, 1958 - ANACLETA VILLAROMAN v. QUIRINO STA. MARIA

    102 Phil 937

  • Adm. Case No. 195 January 31, 1958 - IN RE: Attorney JESUS T. QUIAMBAO

    102 Phil 940

  • G.R. No. L-8252 January 31, 1958 - JOSE C. ZULUETA v. NICANOR NICOLAS

    102 Phil 944

  • G.R. No. L-9871 January 31, 1958 - ATKINS v. B. CUA HIAN TEK

    102 Phil 948

  • G.R. No. L-9928 January 31, 1958 - REP. OF THE PHIL. v. THE COURT OF APPEALS

    102 Phil 953

  • G.R. No. L-10022 January 31, 1958 - NORTHERN MOTORS v. NATIONAL LABOR UNION

    102 Phil 958

  • G.R. No. L-10141 January 31, 1958 - REP. OF THE PHIL. v. PHILIPPINE RESOURCES DEVELOPMENT CORPORATION

    102 Phil 960

  • G.R. Nos. L-10236-48 January 31, 1958 - PEOPLE OF THE PHIL. v. EUSTACIO DE LUNA

    102 Phil 968

  • G.R. No. L-10370 January 31, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. MATIAS H. AZNAR

    102 Phil 979

  • G.R. No. L-10547 January 31, 1958 - THE PHIL. GUARANTY CO. v. LAURA DINIO

    102 Phil 991

  • G.R. No. L-10691 January 31, 1958 - ERLINDA STERNBERG v. GONZALO SOLOMON

    102 Phil 995

  • G.R. No. L-10747 January 31, 1958 - MARIANO DIAZ v. PASCUAL MACALINAO

    102 Phil 999

  • G.R. No. L-10902 January 31, 1958 - FLORIDA LAGMAY v. EMERENCIANA QUINIT

    102 Phil 1003

  • G.R. No. L-11024 January 31, 1958 - ALFONSO ANGELES v. THE COURT OF APPEALS, GREOGORIO STA. INES

    102 Phil 1006

  • G.R. No. L-11186 January 31, 1958 - ALFONSO CABABA v. PUBLIC SERVICE COMMISSION

    102 Phil 1013

  • G.R. No. L-11395 January 31, 1958 - SOTERA GARCIA DIMAGIBA v. HON. AMBROSIO M. GERALDEZ

    102 Phil 1016

  • G.R. No. L-11647 January 31, 1958 - FLORENTINO NAVARRO v. HON. ELOY BELLO

    102 Phil 1019

  • G.R. No. L-12724 January 31, 1958 - PEOPLE OF THE PHIL. v. CARIDAD CAPISTRANO

    102 Phil 1025

  •  





     
     

    Adm. Case No. 195 January 31, 1958 - IN RE: Attorney JESUS T. QUIAMBAO<br /><br />102 Phil 940

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [Adm. Case No. 195. January 31, 1958.]

    In re: Attorney JESUS T. QUIAMBAO, Respondents.

    Jose G. Gatchalian and Santiago F. Alidio for Respondent.


    SYLLABUS


    ATTORNEY AT LAW; DISBARMENT; MISAPPROPRIATION OF MONEY RECEIVED; RELEASE OBTAINED THRU FRAUD AND MALICIOUS INDUCEMENT TO PAY OBLIGATION. — Respondent attorney JTQ engineered the whole scheme to induce, through his brother MQ, PRP to purchase a parcel of land knowing fully well that it is not for sale because the Yek Tong Lin Fire & Marine Insurance Company was just a mortgagee and not in a position to sell it. In that way he succeeded in taking from PRP the sum of P12,000 which he appropriated for his own use and benefit; that he fraudulently and maliciously induced PRP to sign a document, thereby relieving him from the obligation of paying the said sum to PRP, and at the same time caused the latter to execute another document where PRP undertook to collect from MQ the whole sum of P12,000. HELD: that by his acts the respondent has shown that he is unworthy to continue as a member of the bar. He is, therefore, disbarred from practice of law.


    D E C I S I O N


    PADILLA, J.:


    On 17 May 1954 the Court of Appeals rendered judgment in CA-GR No. 11104-R, Pedro R. Peralta, plaintiff-appellee v. Jesus T. Quiambao, Defendant-Appellant, affirming that of the Court of First Instance of Rizal (case No. 1783) and transmitted the record of the case to this Court for whatever action it may deem proper to take against Attorney Jesus T. Quiambao for having committed acts unbecoming a member of the Bar.

    It appears that sometime in January 1949 Manuel Quiambao, an agent of the Yek Tong Lin Fire & Marine Insurance Company offered for sale to Pedro R. Peralta a parcel of land located in barrio Moriones, Tarlac, Tarlac, containing an area of 44 hectares for P15,000. Peralta accepted the offer, and on 7 February 1949 he opened a checking account with the Tarlac branch of the Philippines National Bank by depositing therewith the sum of P11,000. With a check of P11,000 drawn upon the bank in Manila, Peralta and Manuel Quiambao proceeded to Manila and contacted Attorney Jesus T. Quiambao, brother of Manuel, at his house to seek his help in the purchase of the parcel of land. On 9 February Peralta and the two brothers cashed the check at the bank in Escolta and repaired to the law office of Honesto K. Bausa, attorney for the Yek Tong Lin Fire & Marine Insurance Company, at the Regina building, where upon reaching the door Peralta handed to Attorney Jesus T. Quiambao the sum of P11,000. Attorney Quiambao went inside the office of Attorney Bausa, where he stayed for about an hour, leaving Peralta at the door waiting for him. As he emerged from the law office, Attorney Quiambao told Peralta to wait for a while because "they will place your name in the title," and later on executed a document (Exhibit A), acknowledging receipt from Peralta of the sum of P12,000 to be kept by the former as attorney-in-fact of the latter pending issuance of the title to the parcel of land. The receipt acknowledges the sum of P12,000, because Peralta had given Attorney Quiambao the sum of P1,000 as earnest money. Days passed and as Peralta did not receive the title to the parcel of land, he went to the office of the Yek Tong Lin Fire & Marine Insurance Company to inquire whether the title to the parcel of land had already been issued in his name and there he learned from the bookkeeper of the company that the title had not yet been issued in his name. He then demanded the return of the sum of P12,000 from Attorney Jesus T. Quiambao but the later failed to return it to him.

    Attorney Jesus T. Quiambao does not deny having received the sum of P12,000 from Peralta, but claims that the same had been returned to him by installments through his brother Manuel Quiambao, who was Peralta’s friend, and in whose house Peralta and his family lived; that he gave Attorney Bausa the sum of P500 as earnest money when they went to see him; that the balance of P12,000 was left in his custody; that Peralta was authorized to take possession of the property and make improvements on it pending actual transfer to him; that the balance of P11,500 in his (Attorney Quiambao’s) custody was withdrawn from him by his brother Manuel by authority of Peralta; that the first withdrawal in the sum of P3,000 was made sometime in the first week of March 1949, the second in the sum of P4,000 in April 1949, the third in the sum of P3,000 or P2,000 on or about the 24th of May, 1949, and the last for the balance of the sum, paid by his wife, sometime in June 1949; that he and his wife did not ask any receipt for all the withdrawals; that all these sums were spent to build an earth dam in the parcel of land, to hire a bulldozer, to buy seedlings, and to construct houses for 28 tenants, except the sum of P4,000, withdrawn by Manuel Quiambao by way of loan from Peralta, which the former promised to pay to the latter as soon as he would secure a loan from the Rehabilitation Finance Corporation; that on 10 March 1950, a document (Exhibit 1) was signed by Jesus T. Quiambao, Pedro R. Peralta and Manuel Quiambao reciting, among others, that the sum of P12,000 in the custody of Attorney Quiambao was periodically withdrawn from him by Manuel Quiambao at the behest and/or with the knowledge and consent of Pedro R. Peralta; and that on that same day Pedro R. Peralta executed another document (Exhibit 2) releasing Attorney Jesus T. Quiambao from liability for the sum of P12,000 entrusted to him. It recites —

    TO WHOM IT MY CONCERN:chanrob1es virtual 1aw library

    This is to certify that I should collect the sum of TWELVE THOUSAND PESOS, (P12,000.00) from Mr. Manuel Quiambao, from the proceeds of the sale of his property, as satisfaction of the money receipted by Mr. Jesus T. Quiambao and withdrawn from him with my knowledge and consent.

    This is made in order to secure the realization of said sum from Mr. Manuel Quiambao exclusively.

    Manila, March 10, 1950.

    (Sgd.) PEDRO PERALTA

    The Court of Appeals is of the opinion that Attorney Jesus T. Quiambao engineered the whole scheme to induce, through his brother Manuel, Pedro R. Peralta to purchase the parcel of land in question, knowing fully well that it was not for sale because the Yek Tong Lin Fire & Marine Insurance Company was just a mortgagee and not in a position to sell it. In that way he succeeded in taking from Peralta the sum of P12,000 which he appropriated for his own use and benefit; that he fraudulently and maliciously induced Peralta to sign the document marked Exhibit 1, thereby relieving him from the obligation of paying the said sum to Peralta and at the same time caused the latter to execute another document marked Exhibit 2 where Peralta undertook to collect from Manuel Quiambao the whole sum of P12,000.

    The respondent attorney was required by this Court to answer the charges against him. In his answer he set up the same defenses he had set up in case No. 1783 of the Court of First Instance of Rizal and CA-GR No. 11104-R of the Court of Appeals which were overruled by the two Courts.

    By his acts the respondent has shown that he is unworthy to continue as a member of the Bar. He is, therefore, disbarred from the practice of law.

    Paras, C.J., Bengzon, Montemayor, Reyes, A., Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L., Endencia and Felix, JJ., concur.

    Adm. Case No. 195 January 31, 1958 - IN RE: Attorney JESUS T. QUIAMBAO<br /><br />102 Phil 940


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED