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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)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-2003 Jurisprudence                 

  • A.C. No. 4984 April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG

  • A.M. No. MTJ-03-1485 April 1, 2003 - FIDEL ISIP, JR. v. VALENTINO B. NOGOY

  • A.M. Nos. P-02-1620, P-02-1621, P-02-1622 & P-96-1194 April 1, 2003 - MELINDA F. PIMENTEL v. PERPETUA SOCORRO M. DE LEOZ

  • A.M. No. P-02-1643 April 1, 2003 - DIMAS ABALDE v. ANTONIO ROQUE

  • G.R. No. 137782 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTURO R. NICOLAS

  • G.R. No. 138470 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTEMIO GARCIA

  • G.R. No. 143084 April 1, 2003 - PEOPLE OF THE PHIL. v. JOSE TORELLOS

  • G.R. No. 148635 April 1, 2003 - MARILLA MAYANG CAVILE, ET AL. v. HEIRS OF CLARITA CAVILE, ET AL.

  • G.R. No. 149453 April 1, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • A.M. No. 01-1-13-RTC April 2, 2003 - RE: Report on the Examination of the Cash and Accounts

  • A.M. No. P-02-1545 April 2, 2003 - ZENAIDA C. GUTIERREZ, ET AL. v. RODOLFO V. QUITALIG

  • G.R. No. 139412 April 2, 2003 - PEOPLE OF THE PHIL. v. RONALD CASTILLANO, ET AL.

  • G.R. Nos. 149028-30 April 2, 2003 - PEOPLE OF THE PHIL. v. ARMANDO CABALLERO, ET AL.

  • G.R. No. 149893 April 2, 2003 - PEOPLE OF THE PHIL. v. MELCHOR RABAGO

  • A.C. No. 4958 April 3, 2003 - FIDEL D. AQUINO v. OSCAR MANESE

  • A.M. No. MTJ-02-1436 April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO

  • A.M. No. P-02-1595 April 3, 2003 - TIMOTEO M. CASANOVA, JR. v. FELIZARDO P. CAJAYON

  • A.M. No. P-02-1650 April 3, 2003 - ZENAIDA REYES-MACABEO v. FLORITO EDUARDO V. VALLE

  • G.R. Nos. 111098-99 April 3, 2003 - PEOPLE OF THE PHIL. v. PIO BISO

  • G.R. Nos. 143976 & 145846 April 3, 2003 - SPS. OSCAR and HAYDEE BADILLO v. ARTURO G. TAYAG, ET AL.

  • G.R. No. 144444 April 3, 2003 - STATE INVESTMENT TRUST v. DELTA MOTORS CORP.

  • G.R. No. 150978 April 3, 2003 - POWTON CONGLOMERATE v. JOHNNY AGCOLICOL

  • G.R. No. 155875 April 3, 2003 - AGAPITO CRUZ FIEL, ET AL. v. KRIS SECURITY SYSTEMS, INC., ET AL.

  • A.M. No. MTJ-03-1482 April 4, 2003 - ILUMINADA SANTILLAN VDA. DE NEPOMUCENO v. NICASIO V. BARTOLOME

  • A.M. No. P-03-1690, MTJ-01-1363 & 01-12-02-SC April 4, 2003 - ESTRELLITA M. PAAS v. EDGAR E. ALMARVEZ

  • G.R. No. 108405 April 4, 2003 - JAIME D. VIERNES, ET AL. v. N;RC, ET AL.

  • G.R. No. 117020 April 4, 2003 - VIRON TRANSPORTATION CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125938 April 4, 2003 - PEOPLE OF THE PHIL. v. JOEL JANSON, ET AL.

  • G.R. No. 140756 April 4, 2003 - PEOPLE OF THE PHIL. v. JUAN GONZALES ESCOTE, ET AL.

  • G.R. No. 141631 April 4, 2003 - PEOPLE OF THE PHIL. v. FERDINAND FRANCISCO

  • G.R. No. 143135 April 4, 2003 - REPUBLIC OF THE PHIL. v. DAMAYAN NG PUROK 14, INC.

  • G.R. No. 143779 April 4, 2003 - FRANCISCA L. MARQUEZ v. SIMEON BALDOZ

  • G.R. Nos. 145309-10 April 4, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO FLORES

  • G.R. Nos. 144476 & 144629 April 8, 2003 - ONG YONG, ET AL. v. DAVID. S. TIU, ET AL.

  • G.R. No. 149022 April 8, 2003 - CARMENCITA D. CORONEL v. ANIANO A. DESIERTO, ET AL.

  • A.M. No. MTJ-02-1428 April 9, 2003 - ARFRAN L. QUIÑONES v. FRANCISCO H. LOPEZ

  • A.M. No. P-02-1580 April 9, 2003 - RENE ESPINA v. JUAN A. GATO

  • A.M. No. RTJ-01-1630 April 9, 2003 - HEINZ R. HECK v. ANTHONY E. SANTOS

  • G.R. No. 119255 April 9, 2003 - TOMAS K. CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126968 April 9, 2003 - RICARDO BALUNUECO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128568 April 9, 2003 - SPS. REYNALDO and ESMERALDA ALCARAZ v. PEDRO M. TANGGA-AN, ET AL.

  • G.R. No. 132371 April 9, 2003 - PEOPLE OF THE PHIL. v. DANILO Q. SIMBAHON

  • G.R. No. 133003 April 9, 2003 - PEOPLE OF THE PHIL. v. LAWRENCE MACAPANPAN, ET AL.

  • G.R. No. 141258 April 9, 2003 - TOMASA SARMIENTO v. SPS. LUIS & ROSE SUN-CABRIDO ET AL.

  • G.R. Nos. 141314 & 141369 April 9, 2003 - REPUBLIC OF THE PHIL. REPRESENTED BY ENERGY REGULATORY BOARD v. MERALCO

  • G.R. No. 143004 April 9, 2003 - PEOPLE OF THE PHIL. v. DANTE CLIDORO

  • G.R. No. 143432 April 9, 2003 - PEOPLE OF THE PHIL. v. TERENCIO L. FUNESTO

  • G.R. No. 146034 April 9, 2003 - PEOPLE OF THE PHIL. v. LASTIDE A. SUBE, ET AL.

  • G.R. No. 146815 April 9, 2003 - HEIRS OF PEDRO, ET AL. v. STERLING TECHNOPARK III ET AL.

  • G.R. No. 147468 April 9, 2003 - SPS. EDUARDO & JOSEFINA DOMINGO v. LILIA MONTINOLA ROCES, ET AL.

  • G.R. No. 147745 April 9, 2003 - MARIA BUENA OBRA v. SOCIAL SECURITY SYSTEM

  • G.R. No. 148727 April 9, 2003 - SPS. HERMOGENA AND JOSE ENGRESO v. NESTORIA DE LA CRUZ, ET AL.

  • G.R. No. 149038 April 9, 2003 - PHIL. AMERICAN GENERAL INSURANCE COMPANY v. PKS SHIPPING COMPANY

  • G.R. No. 149110 April 9, 2003 - NATIONAL POWER CORPORATION v. CITY OF CABANATUAN

  • G.R. No. 149422 April 10, 2003 - DEPARTMENT OF AGRARIAN REFORM v. APEX INVESTMENT AND FINANCING CORP.

  • G.R. No. 149578 April 10, 2003 - EVELYN TOLOSA v. NLRC, ET AL.

  • G.R. No. 143540 April 11, 2003 - JOEL G. MIRANDA v. ANTONIO C. CARREON, ET AL.

  • G.R. No. 148138 April 11, 2003 - PEOPLE OF THE PHIL. v. JOHNNY VIAJEDOR

  • A.M. No. P-02-1645 April 21, 2003 - GILBERT HOWARD M. ATIENZA v. JOSEPHINE V. DINAMPO

  • A.M. No. P-03-1695 April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA

  • A.M. No. RTJ-03-1756 April 22, 2003 - AURORA S. GONZALES v. VICENTE A. HIDALGO

  • G.R. No. 127745 April 22, 2003 - FELICITO G. SANSON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129163 April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138650-58 April 22, 2003 - PEOPLE OF THE PHIL. v. IGNACIO SINORO

  • G.R. No. 140707 April 22, 2003 - NORGENE POTENCIANO, ET AL. v. DWIGHT "IKE" B. REYNOSO, ET AL.

  • G.R. No. 146942 April 22, 2003 - CORAZON G. RUIZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 152329 April 22, 2003 - ALEJANDRO ROQUERO v. PHILIPPINE AIRLINES, INC.

  • A.M. No. RTJ-03-1763 April 24, 2003 - JOSE B. TIONGCO v. FLORENTINO P. PEDRONIO

  • A.M. No. RTJ-03-1770 April 24, 2003 - MELISSA E. MAÑO v. CAESAR A. CASANOVA

  • G.R. No. 123968 April 24, 2003 - URSULINA GANUELAS, ET AL. v. ROBERT T. CAWED, ET AL.

  • G.R. No. 137182 April 24, 2003 - PEOPLE OF THE PHIL. v. ABDILA L. SILONGAN, ET AL.

  • G.R. Nos. 137458-59 April 24, 2003 - PEOPLE OF THE PHIL. v. JESUS G. BATOCTOY, ET AL.

  • G.R. No. 137601 April 24, 2003 - PEOPLE OF THE PHIL. v. WINCHESTER ABUT, ET AL.

  • G.R. No. 139230 April 24, 2003 - PEOPLE OF THE PHIL. v. MANUEL DANIELA, ET AL.

  • G.R. No. 143672 April 24, 2003 - COMMISSIONER OF INTERNAL REVENUE v. GENERAL FOODS (PHILS.), INC.

  • G.R. No. 145915 April 24, 2003 - PEOPLE OF THE PHIL. v. VILMA Z. ALMENDRAS, ET AL.

  • G.R. No. 147038 April 24, 2003 - RICHARD TEH v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1370 April 25, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. AGUSTIN T. SARDIDO

  • G.R. No. 118749 April 25, 2003 - SPS LORENZO and LORENZA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141187 April 28, 2003 - PEOPLE OF THE PHIL. v. RONNIE A. MACTAL

  • A.C. No. 5225 April 29, 2003 - SPS. WILFREDO & LYDIA BOYBOY v. VICTORIANO R. YABUT, JR.

  • A.M. No. MTJ-02-1453 April 29, 2003 - EDITHA PALMA GIL v. FRANCISCO H. LOPEZ, JR.

  • A.M. No. P-02-1615 April 29, 2003 - PEDRO MAGNAYE v. ERIBERTO R. SABAS

  • G.R. No. 119858 April 29, 2003 - EDWARD C. ONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 122363 April 29, 2003 - VICTOR G. VALENCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127002 April 29, 2003 - JEREMIAS L. DOLINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135394 April 29, 2003 - JOSE V. DELA RAMA v. FRANCISCO G. MENDIOLA, ET AL.

  • G.R. No. 139841 April 29, 2003 - EMILIO C. VILLAROSA v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 141518 April 29, 2003 - PEOPLE OF THE PHIL. v. CLARENCE ASTUDILLO, ET AL.

  • G.R. No. 142015 April 29, 2003 - RURAL BANK OF STA. IGNACIA v. PELAGIA DIMATULAC

  • G.R. No. 147230 April 29, 2003 - PEOPLE OF THE PHIL. v. REYNALDO R. REMERATA

  • G.R. No. 150656 April 29, 2003 - MARGARITA ROMUALDEZ-LICAROS v. ABELARDO B. LICAROS

  • A.C. No. 4724 April 30, 2003 - GORETTI ONG v. JOEL M. GRIJALDO

  • A.M. No. CA-99-9-P April 30, 2003 - MAGTANGGOL GABRIEL v. VIRGINIA C. ABELLA, ET AL.

  • A.M. No. P-00-1445 April 30, 2003 - MEDARDO M. PADUA v. IRENEO S. PAZ

  • A.M. No. P-02-1599 April 30, 2003 - LEANDRO T. LOYAO v. MAMERTO J. CAUBE, ET AL.

  • A.M. No. P-02-1600 April 30, 2003 - DOMINADOR. AREVALO, ET AL. v. EDGARDO S. LORIA, ET AL.

  • A.M. No. P-03-1696 April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA

  • A.M. RTJ No. 03-1761 April 30, 2003 - JOSE B. CUSTODIO v. JESUS V. QUITAIN

  • A.M. No. RTJ-03-1775 April 30, 2003 - ISAGANI A. CRUZ v. PHILBERT I. ITURRALDE

  • A.M. No. RTJ-03-1779 April 30, 2003 - JOVENCITO R. ZUÑO, ET AL. v. ARNULFO G. CABREDO

  • G.R. Nos. 107789 & 147214 April 30, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN ET AL.

  • G.R. No. 116326 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.

  • G.R. No. 121211 April 30, 2003 - PEOPLE OF THE PHIL. v. RONETO DEGAMO

  • G.R. No. 121637 April 30, 2003 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 125761 April 30, 2003 - SALVADOR P. MALBAROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126568 April 30, 2003 - QUIRINO GONZALES LOGGING CONCESSIONAIRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126911 April 30, 2003 - PHIL. DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127141 April 30, 2003 - SPS. EMMANUEL and MELANIE LANTIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 128378 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT GOMEZ, ET AL.

  • G.R. No. 128512 & 128963 April 30, 2003 - DARIO P. BELONGHILOT v. RTC OF ZAMBOANGA DEL NORTE

  • G.R. No. 129090 April 30, 2003 - RICARDO B. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129895 April 30, 2003 - PEOPLE OF THE PHIL. v. ARMANDO C. DALAG

  • G.R. No. 134940 April 30, 2003 - PEOPLE OF THE PHIL. v. CATALINO MELENDRES

  • G.R. No. 138266 April 30, 2003 - PEOPLE OF THE PHIL. v. PEDRO CABRERA, JR.

  • G.R. No. 139876 April 30, 2003 - WILLIAM TIU and/or THE ROUGH RIDERS v. JULIO PASAOL, ET AL.

  • G.R. No. 140753 April 30, 2003 - BENJAMIN S. SANTOS v. ELENA VELARDE, ET AL.

  • G.R. No. 141375 April 30, 2003 - MUNICIPALITY OF KANANGA v. FORTUNITO L. MADRONA, ET AL.

  • G.R. No. 142435 April 30, 2003 - ESTELITA BURGOS LIPAT, ET AL. v. PACIFIC BANKING CORP., ET AL.

  • G.R. No. 142591 April 30, 2003 - JOSEPH CHAN, ET AL. v. BONIFACIO S. MACEDA

  • G.R. Nos. 144445-47 April 30, 2003 - PEOPLE OF THE PHIL. v. GENARO BIONG

  • G.R. No. 146099 April 30, 2003 - PEOPLE OF THE PHIL. v. JIMMEL SANIDAD, ET AL.

  • G.R. No. 146481 April 30, 2003 - ARTURO G. RIMORIN, SR. v. PEOPLE OF THE PHIL.

  • G.R. Nos. 146685-86 April 30, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN M. HILET

  • G.R. Nos. 146862-64 April 30, 2003 - PEOPLE OF THE PHIL. v. GAUDENCIO D. UMBAÑA

  • G.R. No. 146886 April 30, 2003 - DEVORAH E. BARDILLON v. BARANGAY MASILI of Calamba, Laguna

  • G.R. No. 146923 April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 147033 April 30, 2003 - PEOPLE OF THE PHIL. v. MARIO UMAYAM

  • G.R. Nos. 148394-96 April 30, 2003 - PEOPLE OF THE PHIL. v. ROGER ELIARDA

  • G.R. No. 150179 April 30, 2003 - HEIRS OF WILLIAM SEVILLA, ET AL. v. LEOPOLDO SEVILLA, ET AL.

  • G.R. Nos. 150820-21 April 30, 2003 - SPS. ANTONIO and GENOVEVA BALANON-ANICETE, ET AL. v. PEDRO BALANON

  • G.R. No. 154037 April 30, 2003 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF BENJAMIN VERGARA, ET AL.

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    A.C. No. 4984   April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.C. No. 4984. April 1, 2003.]

    ATTY. JULITO D. VITRIOLO, PRECILLANA J. HONORICA, ARLEEN J. RAMOS, DR. ROGER PEREZ, DR. IMELDA DARAUG, DR. REMIGIA NATHANIELZ, CELEDONIA CORONACION, and JOSE RABALO, Complainants, v. ATTY. FELINA DASIG, Respondent.

    R E S O L U T I O N


    PER CURIAM:


    This is an administrative case for disbarment filed against Atty. Felina S. Dasig, 1 an official of the Commission on Higher Education (CHED). The charge involves gross misconduct of respondent in violation of the Attorney’s Oath for having used her public office to secure financial spoils to the detriment of the dignity and reputation of the CHED.chanrob1es virtua1 1aw 1ibrary

    Almost all complainants in the instant case are high-ranking officers of the CHED. In their sworn Complaint-Affidavit filed with this Court on December 4, 1998, complainants allege that respondent, while she was OIC of Legal Affairs Service, CHED, committed acts that are grounds for disbarment under Section 27, 2 Rule 138 of the Rules of Court, to wit:chanrob1es virtual 1aw library

    a) Sometime in August 1998 and during the effectivity of Respondent’s designation as Officer-in-Charge of Legal Affairs Service, CHED, she demanded from Betty C. Mangohon, a teacher of Our Lady of Mariazel Educational Center in Novaliches, Quezon City, the amount of P20,000.00 and later reduced to P5,000.00 for the facilitation of her application for correction of name then pending before the Legal Affairs Service, CHED . . .

    b) Likewise, sometime in July to August 1998 and during the effectivity of Respondent’s designation as Officer-in-Charge of Legal Affairs Service, CHED, she demanded from Rosalie B. Dela Torre, a student, the amount of P18,000.00 to P20,000.00 for facilitation of her application for correction of name then pending before the Legal Affairs Service, CHED . . .

    c) Likewise, sometime in September 1998 and during the effectivity of Respondent’s designation as Officer-in-Charge of Legal Affairs Service, CHED, she demanded from Rocella G. Eje, a student, the amount of P5,000.00 for facilitation of her application for correction of name then pending before the Legal Affairs Service, CHED . . . In addition, Respondent even suggested to Ms. Eje to register her birth anew with full knowledge of the existence of a prior registration . . .

    d) Likewise, sometime in August to September 1998 and during the effectivity of Respondent’s designation as Officer-in-Charge of Legal Affairs Service, CHED, she demanded from Jacqueline N. Ng, a student, a considerable amount which was subsequently confirmed to be P15,000.00 and initial fee of P5,000.00 more or less for facilitation of her application for correction of name then pending before the Legal Affairs Service, CHED . . . In addition, the Respondent even suggested to Ms. Ng to hire a lawyer who shall be chosen by Respondent Dasig to facilitate the application for correction of name. 3

    Complainants likewise aver that respondent violated her oath as attorney-at-law by filing eleven (11) baseless, groundless, and unfounded suits before the Office of the City Prosecutor of Quezon City, which were subsequently dismissed. 4

    Further, complainants charge respondent of transgressing subparagraph b (22), Section 36 5 of Presidential Decree No. 807, for her willful failure to pay just debts owing to "Borela Tire Supply" and "Nova’s Lining Brake & Clutch" as evidenced by the dishonored checks she issued, 6 the complaint sheet, and the subpoena issued to Respondent. 7

    Complainants also allege that respondent instigated the commission of a crime against complainant Celedonia R. Coronacion and Rodrigo Coronacion, Jr., when she encouraged and ordered her son, Jonathan Dasig, a guard of the Bureau of Jail Management and Penology, to draw his gun and shoot the Coronacions on the evening of May 14, 1997. As a result of this incident, a complaint for grave threats against the respondent and her son, docketed as Criminal Case No. 86052, was lodged with the Metropolitan Trial Court of Quezon City, Branch 36. 8

    Finally, complainants allege that respondent authored and sent to then President Joseph Estrada a libelous and unfair report, which maligned the good names and reputation of no less than eleven (11) CHED Directors calculated to justify her ill motive of preventing their re-appointment and with the end view of securing an appointment for herself. 9

    In our resolution of February 3, 1999, we required respondent to file a Comment on the charges. 10 A copy of said resolution was sent to the respondent at her address at Blk. 4, Lot 12, Hobart II Subdivision, Novaliches, Quezon City, only to be returned to this Court with the notation "Unclaimed." 11

    On July 5, 1999, we directed that a copy of the resolution of February 3, 1999, be served by registered mail to respondent at her office address in CHED.

    In a letter dated August 28, 2000, the Postmaster of the Ortigas Center Post Office informed the Court that the said mail matter had been delivered to, received by, and signed for by one Antonio Molon, an authorized agent of respondent on August 27, 1999. 12

    On November 22, 2000, we granted complainant’s motion to refer the complaint to the Commission on Bar Discipline, Integrated Bar of the Philippines (IBP) for investigation, report, and recommendation.

    In its order dated February 6, 2001, the IBP Commission on Bar Discipline directed respondent to submit her Answer to the Complaint, failing which she would be considered in default and the case heard ex parte. Respondent failed to heed said order and on January 8, 2002, the Commission directed her anew to file her Answer, but again she failed to comply with the directive. As a result, the Commission ruled that she had waived her right to file her Comment or Answer to the Complaint and the case was mainly resolved on the basis of the documents submitted and on record.

    In its report and recommendation, dated April 5, 2002, the IBP Commission on Bar Discipline stated as follows:chanrob1es virtual 1aw library

    From the foregoing evidence on record, it can be concluded that respondent in violation of her oath as a government official and as a member of the Bar, indeed made unlawful demands or attempted to extort money from certain people who had pending applications/requests before her office in exchange for her promise to act favorably on said applications/requests. Clearly, respondent unlawfully used her public office in order to secure financial spoils to the detriment of the dignity and reputation of the Commission on Higher Education.

    For the foregoing reasons, it is recommended that respondent be suspended from the practice of law for the maximum period allowable of three (3) years with a further warning that similar action in the future will be a ground for disbarment of Respondent.

    On August 3, 2002, the IBP Board of Governors passed Resolution No. XV-2002-393, the full text of which reads as follows:chanrob1es virtual 1aw library

    RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution/Decision as Annex "A" ; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules; and considering that respondent unlawfully used her public office in order to secure financial spoils to the detriment of the dignity and reputation of the Commission on Higher Education, Respondent is hereby SUSPENDED from the practice of law for three (3) years. 13

    At the threshold is the query of whether respondent attorney-at-law, as Officer-in-Charge (OIC) of Legal Services, CHED, may be disciplined by this Court for her malfeasance, considering that her position, at the time of filing of the complaint, was "Chief Education Program Specialist, Standards Development Division, Office of Programs and Standards, CHED."cralaw virtua1aw library

    Generally speaking, a lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government official. 14 However, if said misconduct as a government official also constitutes a violation of his oath as a lawyer, then he may be disciplined by this Court as a member of the Bar. 15

    In this case, the record shows that the respondent, on various occasions, during her tenure as OIC, Legal Services, CHED, attempted to extort from Betty C. Mangohon, Rosalie B. Dela Torre, Rocella G. Eje, and Jacqueline N. Ng sums of money as consideration for her favorable action on their pending applications or requests before her office. The evidence remains unrefuted, given the respondent’s failure, despite the opportunities afforded her by this Court and the IBP Commission on Bar Discipline to comment on the charges. We find that respondent’s misconduct as a lawyer of the CHED is of such a character as to affect her qualification as a member of the Bar, for as a lawyer, she ought to have known that it was patently unethical and illegal for her to demand sums of money as consideration for the approval of applications and requests awaiting action by her office.chanrob1es virtua1 1aw 1ibrary

    The Attorney’s Oath is the source of the obligations and duties of every lawyer and any violation thereof is a ground for disbarment, suspension, or other disciplinary action. The Attorney’s Oath imposes upon every member of the bar the duty to delay no man for money or malice. Said duty is further stressed in Rule 1.03 of the Code of Professional Responsibility. 16 Respondent’s demands for sums of money to facilitate the processing of pending applications or requests before her office violates such duty, and runs afoul of the oath she took when admitted to the Bar. Such actions likewise run contrary to Rule 1.03 of the Code of Professional Responsibility.

    A member of the Bar who assumes public office does not shed his professional obligations. Hence, the Code of Professional Responsibility, promulgated on June 21, 1988, was not meant to govern the conduct of private practitioners alone, but of all lawyers including those in government service. This is clear from Canon 6 17 of said Code. Lawyers in government are public servants who owe the utmost fidelity to the public service. Thus, they should be more sensitive in the performance of their professional obligations, as their conduct is subject to the ever-constant scrutiny of the public.

    Respondent’s attempts to extort money from persons with applications or requests pending before her office are violative of Rule 1.01 18 of the Code of Professional Responsibility, which prohibits members of the Bar from engaging or participating in any unlawful, dishonest, or deceitful acts. Moreover, said acts constitute a breach of Rule 6.02 19 of the Code which bars lawyers in government service from promoting their private interests. Promotion of private interests includes soliciting gifts or anything of monetary value in any transaction requiring the approval of his office or which may be affected by the functions of his office. Respondent’s conduct in office falls short of the integrity and good moral character required from all lawyers, specially from one occupying a high public office. For a lawyer in public office is expected not only to refrain from any act or omission which might tend to lessen the trust and confidence of the citizenry in government, she must also uphold the dignity of the legal profession at all times and observe a high standard of honesty and fair dealing. Otherwise said, a lawyer in government service is a keeper of the public faith and is burdened with high degree of social responsibility, perhaps higher than her brethren in private practice.

    For her violation of the Attorney’s Oath as well as of Rule 1.01 and Rule 1.03 of Canon 1 20 and Rule 6.02 of Canon 6 of the Code of Professional Responsibility, particularly for acts of dishonesty as well as gross misconduct as OIC, Legal Services, CHED, we find that respondent deserves not just the penalty of three years’ suspension from membership in the Bar as well as the practice of law, as recommended by the IBP Board of Governors, but outright disbarment. Her name shall be stricken off the list of attorneys upon finality of this decision.

    WHEREFORE, respondent Atty. Felina S. Dasig is found liable for gross misconduct and dishonesty in violation of the Attorney’s Oath as well as the Code of Professional Responsibility, and is hereby ordered DISBARRED.

    Let copies of this Resolution be furnished to the Bar Confidant to be spread on the records of the respondent, as well as to the Integrated Bar of the Philippines for distribution to all its chapters, and the Office of the Court Administrator for dissemination to all courts throughout the country.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr. and Azcuna, JJ., concur.

    Endnotes:



    1. Admitted to the Bar, May 30, 1986. Per 1998 LAW LIST, p. 232.

    2. SEC. 27. Disbarment or suspension of attorneys by the Supreme Court; grounds therefor. — A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without authority to do so. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

    3. Rollo, p. 3.

    4. These include: Felina S. Dasig and Victor Alba v. Celedonia R. Coronacion, Rodrigo R. Coronacion, Jr., and Jose R. Rabalo, I.S. No. 96-19974 for Perjury, False Testimony; Felina S. Dasig and Victor Alba v. Celedonia R. Coronacion and Rodrigo R. Coronacion, Jr., I.S. No. 196-25879 for Oral Defamation and Unjust Vexation; Felina S. Dasig and Victor Alba v. Francis Lacandazo, Mark Imperio and Michael Namoca, I.S. No. 96-27189 for Libel; Felina S. Dasig and Victor Alba v. Celedonia R. Coronacion, Rodrigo R. Coronacion, Jr., and Jose R. Rabalo, I.S. No. 96-19974 for Libel; Felina S. Dasig v. Celedonia Coronacion, I.S. No. 97-3026 for Grave Oral Defamation; Felina S. Dasig v. Celedonia Coronacion, Francis Lacandazo, Mark Imperio, and Michael Namoca, I.S. No. 96-27189, for violation of Art. 290, Rev. Penal Code; Felina S. Dasig v. Asuncion Lacandazo and Francis Lacandazo, I.S. No. 96-27189 for Grave Oral Defamation; Felina S. Dasig and Victor Alba v. Ma. Teresa Galdon Lingal, I.S. No. 96-25870 for Oral Defamation, Threat; Felina S. Dasig v. Ruel Martin and Jean Martin, I.S. No. 97-348 for Libel; Felina S. Dasig v. Celedonia Coronacion, I.S. No. 97-7218 for Perjury, Libel; and Felina S. Dasig v. Francis Lacandazo, Michael Namoca, and Mark Imperio, I.S. No. 97-8864 for Perjury.

    5. SEC. 36. Discipline: General Provisions. . . .

    (b) The following shall be grounds for disciplinary action:chanrob1es virtual 1aw library

    (22) Willful failure to pay just debts or willful failure to pay taxes due to the government. . . . .

    x       x       x


    6. Rollo, pp. 22–24.

    7. Id. at 26–27.

    8. Id. at 28–30.

    9. Id. at 32–35.

    10. Id. at 36.

    11. Id. at 47.

    12. Id. at 57.

    13. Id. at 61.

    14. Gonzales-Austria v. Abaya, A.M. No. R-705-RTJ, 23 August 1989, 176 SCRA 634, 649.

    15. Dinsay v. Cioco, A.C. No. 2995, 27 November 1996, 264 SCRA 703, 706; Collantes v. Renomeron, A.C. No. 3056, 16 August 1991, 200 SCRA 584, 589.

    16. Rule 1.03. — A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause.

    17. CANON 6. — These Canons shall apply to lawyers in government service in the discharge of their official tasks.

    18. Rule 1.01. — A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.

    19. Rule 6.02. — A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.

    20. CANON 1 — A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes.

    A.C. No. 4984   April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG


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