August 1967 - Philippine Supreme Court Decisions/Resolutions
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A.C. No. 516 August 30, 1967 - TRANQUILINO O. CALO, JR. v. ESTEBAN DEGAMO:
EN BANC
[A.C. No. 516. August 30, 1967.]
TRANQUILINO O. CALO, JR., Petitioner, v. ESTEBAN DEGAMO, Respondent.
R E S O L U T I O N
REYES, J.B.L., J.:
Respondent Esteban Degamo has moved this Court to reconsider the sanction of disbarment meted to him by our decision of June 27, 1967, which in his submission is excessively severe.
Considering the new facts disclosed in the verified motion of respondent, that upon his sworn application to become Chief of Police of Carmen, Agusan (in which he failed to disclose the pendency of charges against him) he was appointed as such Chief of Police on January 17, 1959, at a monthly salary of P95.00, and served only until May 17, 1959; that subsequently said respondent was elected Mayor of Carmen and served as such from 1960 to 1964; that thereafter he was appointed and acted as Election Registrar during 1965; that there is no evidence that he has not served honestly and effeciently the various offices that he has held, or that any complaint has been made against his official actuations, we are inclined to agree that the original sanction of disbarment appears 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).
Wherefore, the decision heretofore rendered is modified in the sense that the dispositive portion thereof is hereby amended to read as follows:jgc:chanrobles.com.ph
"For the foregoing reasons, respondent Esteban Degamo is hereby suspended from the practice of the profession of law for the period of three (3) years from the date of this decision."cralaw virtua1aw library
So ordered.
Concepcion, C.J., Dizon, Makalintal, Bengzon, J .P., Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.
Considering the new facts disclosed in the verified motion of respondent, that upon his sworn application to become Chief of Police of Carmen, Agusan (in which he failed to disclose the pendency of charges against him) he was appointed as such Chief of Police on January 17, 1959, at a monthly salary of P95.00, and served only until May 17, 1959; that subsequently said respondent was elected Mayor of Carmen and served as such from 1960 to 1964; that thereafter he was appointed and acted as Election Registrar during 1965; that there is no evidence that he has not served honestly and effeciently the various offices that he has held, or that any complaint has been made against his official actuations, we are inclined to agree that the original sanction of disbarment appears 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).
Wherefore, the decision heretofore rendered is modified in the sense that the dispositive portion thereof is hereby amended to read as follows:jgc:chanrobles.com.ph
"For the foregoing reasons, respondent Esteban Degamo is hereby suspended from the practice of the profession of law for the period of three (3) years from the date of this decision."cralaw virtua1aw library
So ordered.
Concepcion, C.J., Dizon, Makalintal, Bengzon, J .P., Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.