June 1967 - Philippine Supreme Court Decisions/Resolutions
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A.C. No. 516 June 27, 1967 - TRANQUILINO O. CALO, JR. v. ESTEBAN DEGAMO:
EN BANC
[A.C. No. 516. June 27, 1967.]
TRANQUILINO O. CALO, JR., Petitioner, v. ESTEBAN DEGAMO, Respondent.
Tranquilino O. Calo, for complainant.
Teodoro M . Luneta for Respondent.
Solicitor General Arturo A. Alafriz and Solicitor Pedro A. Ramirez, investigators.
SYLLABUS
1. ATTORNEY-AT-LAW; DISBARMENT PROCEEDINGS; HONEST AND EFFICIENT SERVICE OF RESPONDENT IN VARIOUS GOVERNMENT POSITIONS. — Where it appears that respondent had served as Chief of Police of Carmen, Agusan from January 17, 1959 until May 17, 1959, as Mayor of Carmen from 1960 to 1964, and as Election Registrar in 1965; and that he had served honestly and efficiently in those positions, or that no complaint had been made against his official actuations, the original sanction of disbarment against him would appear too harsh. A suspension of three years would seem adequate to the merits of the case and as a warning to other members of the bar (Macale v. Gan, 93 Phil., 292).
D E C I S I O N
REYES, J.B.L., J.:
Disbarment proceedings against the respondent Esteban Degamo 1 upon a verified letter-complaint of the petitioner, Tranquilino O. Calo, Jr., filed with this Court on 2 March 1962, and charging the former with "having committed false statement under oath or perjury" in connection with his appointment as Chief of Police of Carmen, Agusan.
On 12 March 1962, this Court required the respondent to file "an answer (not a motion to dismiss.)" After interposing an unsuccessful motion for a bill of particulars, he filed his answer on 29 May 1962 and this Court accordingly referred the case to the Solicitor-General for investigation, report and recommendation. In return, the Solicitor General referred the case to the Provincial Fiscal of Agusan. The fiscal conducted an investigation. The petitioner adduced evidence, but not the respondent, because on the date set for hearing, on 25 July 1964, following several postponements the respondent failed to attend, despite due notice, for which reason the investigating fiscal considered the respondent as having waived his right to present evidence. Thereafter, the fiscal forwarded the record of the investigation to the Solicitor General. On the basis thereof, the Solicitor General filed his report and a complaint with this Court, recommending the disbarment of the respondent, for gross misconduct.
No evidence having been submitted by the respondent, the following facts are either unrebutted or admitted:chanrob1es virtual 1aw library
On 17 January 1959, respondent Esteban Degamo, as an applicant to the position of Chief of Police of Carmen, Agusan, subscribed and swore to a filled-out "Information Sheet" before Mayor Jose Malimit of the same municipality. The sheet called for answers about name, personal circumstances, educational attainment, civil service eligibility and so forth. One item required to be filled out reads:jgc:chanrobles.com.ph
"Criminal or police record, if any including those which did not reach the Court. (State the details of case and the final outcome.)" —
to which respondent answered, "None."cralaw virtua1aw library
Having accomplished the form, the respondent was appointed by the mayor to the position applied for. However, on the day the respondent swore to the information sheet, there was pending against him, and two (2) other co-accused, a criminal case in the Court of First Instance of Bohol (No. 2646) for illegal possession of explosive powder. 2
Prior to the commencement of this administrative case, the respondent was also charged in an information, dated 23 September 1960, for perjury, in the Court of First Instance of Agusan, docketed as Criminal Case No. 2194, on the same facts upon which he is now proceeded against as a member of the Philippine bar.
In his defense, the respondent claims that his answer "None" to the aforequoted questionnaire was made in good faith, it being his honest interpretation of the particular question (heretofore quoted) that it referred to a final judgment or conviction and that Criminal Case No. 2646 was not a criminal or police record.
The defense is plainly untenable. The questionnaire was simple, couched in ordinary terms and devoid of legalism; hence, it needed no interpretation. It only called for a simple information. That it asked for records "which did not reach the Court", entirely disproves respondent’s twist to the question as referring to final judgments or convictions.
Petitioner’s letter-complaint was filed on 2 March 1962 while the act of the respondent complained of was committed on 17 January 1959. Without explaining how and upon what authority, respondent invokes the defense of prescription. This defense does not lie; the rule is that —
"The ordinary statutes of limitation have no application to disbarment proceedings, nor does the circumstance that the facts set up as a ground for disbarment constitute a crime, prosecution for which in a original proceeding is barred by limitation, affect the disbarment proceeding, . . ." (5 Am. Jur. 434).
Nor is the pendency of Criminal Case No. 2194 (for perjury) a prejudicial question, since the ground for disbarment in the present proceeding is not for conviction of a crime involving moral turpitude but for gross misconduct. A violation of a criminal law is not a bar to disbarment (6 Moran 242, 1963 Ed., citing the case of In re Montagne and Dominguez, 3 Phil. 577), and an acquittal is no obstacle to cancellation of the lawyer’s license. (In re Del Rosario, 52 Phil. 399).
Respondent Degamo stresses that there is no cause of action against him because the information sheet is not required by law but only by the Civil Service Commission. This argument is beside the point. The issue is whether or not he acted honestly when he denied under oath the existence against him of any criminal or police records including those that did not reach the court. In this, he did not tell the truth. He deliberately concealed it in order to secure an appointment in his own favor. He, therefore, failed to maintain that high degree of morality expected and required of a member of the bar (Toledo v. Toledo, Adm. Case No. 266, 27 April 1963; Mortel v. Aspiras, Adm. Case No. 145, 28 Dec. 1956; Bolivar v. Simpol, Adm. Case No. 377, 29 April 1966), and he has violated his oath as a lawyer to "do no falsehood." It needs no reiteration that the ethical standard applicable to a member of the bar, who thereby automatically becomes a court officer, must necessarily be one higher than that of the market place.
The facts being clear and undisputed, respondent’s insistence upon patent technical excuses disentitle him to leniency from this Court.
For the foregoing reasons, respondent Esteban Degamo is hereby disbarred, and his name ordered stricken from the roll of attorneys. So ordered.
Concepcion, C.J., Dizon, Makalintal, Bengzon, J .P., Zaldivar, Sanchez and Castro, JJ., concur.
On 12 March 1962, this Court required the respondent to file "an answer (not a motion to dismiss.)" After interposing an unsuccessful motion for a bill of particulars, he filed his answer on 29 May 1962 and this Court accordingly referred the case to the Solicitor-General for investigation, report and recommendation. In return, the Solicitor General referred the case to the Provincial Fiscal of Agusan. The fiscal conducted an investigation. The petitioner adduced evidence, but not the respondent, because on the date set for hearing, on 25 July 1964, following several postponements the respondent failed to attend, despite due notice, for which reason the investigating fiscal considered the respondent as having waived his right to present evidence. Thereafter, the fiscal forwarded the record of the investigation to the Solicitor General. On the basis thereof, the Solicitor General filed his report and a complaint with this Court, recommending the disbarment of the respondent, for gross misconduct.
No evidence having been submitted by the respondent, the following facts are either unrebutted or admitted:chanrob1es virtual 1aw library
On 17 January 1959, respondent Esteban Degamo, as an applicant to the position of Chief of Police of Carmen, Agusan, subscribed and swore to a filled-out "Information Sheet" before Mayor Jose Malimit of the same municipality. The sheet called for answers about name, personal circumstances, educational attainment, civil service eligibility and so forth. One item required to be filled out reads:jgc:chanrobles.com.ph
"Criminal or police record, if any including those which did not reach the Court. (State the details of case and the final outcome.)" —
to which respondent answered, "None."cralaw virtua1aw library
Having accomplished the form, the respondent was appointed by the mayor to the position applied for. However, on the day the respondent swore to the information sheet, there was pending against him, and two (2) other co-accused, a criminal case in the Court of First Instance of Bohol (No. 2646) for illegal possession of explosive powder. 2
Prior to the commencement of this administrative case, the respondent was also charged in an information, dated 23 September 1960, for perjury, in the Court of First Instance of Agusan, docketed as Criminal Case No. 2194, on the same facts upon which he is now proceeded against as a member of the Philippine bar.
In his defense, the respondent claims that his answer "None" to the aforequoted questionnaire was made in good faith, it being his honest interpretation of the particular question (heretofore quoted) that it referred to a final judgment or conviction and that Criminal Case No. 2646 was not a criminal or police record.
The defense is plainly untenable. The questionnaire was simple, couched in ordinary terms and devoid of legalism; hence, it needed no interpretation. It only called for a simple information. That it asked for records "which did not reach the Court", entirely disproves respondent’s twist to the question as referring to final judgments or convictions.
Petitioner’s letter-complaint was filed on 2 March 1962 while the act of the respondent complained of was committed on 17 January 1959. Without explaining how and upon what authority, respondent invokes the defense of prescription. This defense does not lie; the rule is that —
"The ordinary statutes of limitation have no application to disbarment proceedings, nor does the circumstance that the facts set up as a ground for disbarment constitute a crime, prosecution for which in a original proceeding is barred by limitation, affect the disbarment proceeding, . . ." (5 Am. Jur. 434).
Nor is the pendency of Criminal Case No. 2194 (for perjury) a prejudicial question, since the ground for disbarment in the present proceeding is not for conviction of a crime involving moral turpitude but for gross misconduct. A violation of a criminal law is not a bar to disbarment (6 Moran 242, 1963 Ed., citing the case of In re Montagne and Dominguez, 3 Phil. 577), and an acquittal is no obstacle to cancellation of the lawyer’s license. (In re Del Rosario, 52 Phil. 399).
Respondent Degamo stresses that there is no cause of action against him because the information sheet is not required by law but only by the Civil Service Commission. This argument is beside the point. The issue is whether or not he acted honestly when he denied under oath the existence against him of any criminal or police records including those that did not reach the court. In this, he did not tell the truth. He deliberately concealed it in order to secure an appointment in his own favor. He, therefore, failed to maintain that high degree of morality expected and required of a member of the bar (Toledo v. Toledo, Adm. Case No. 266, 27 April 1963; Mortel v. Aspiras, Adm. Case No. 145, 28 Dec. 1956; Bolivar v. Simpol, Adm. Case No. 377, 29 April 1966), and he has violated his oath as a lawyer to "do no falsehood." It needs no reiteration that the ethical standard applicable to a member of the bar, who thereby automatically becomes a court officer, must necessarily be one higher than that of the market place.
The facts being clear and undisputed, respondent’s insistence upon patent technical excuses disentitle him to leniency from this Court.
For the foregoing reasons, respondent Esteban Degamo is hereby disbarred, and his name ordered stricken from the roll of attorneys. So ordered.
Concepcion, C.J., Dizon, Makalintal, Bengzon, J .P., Zaldivar, Sanchez and Castro, JJ., concur.
Endnotes:
1. Admitted to the bar on 7 February 1955.
2. The information bears date of July 3, 1958 (Exh. "B-1").
