Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1988 > May 1988 Decisions > A.C. No. 3153 May 17, 1988 - JUANITO L. HAW TAY v. EDUARDO SINGAYAO:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.C. No. 3153. May 17, 1988.]

JUANITO L. HAW TAY, Complainant, v. ATTY. EDUARDO SINGAYAO, Respondent.

[A.M. No. R-592-RTJ. May 17, 1988.]

JUANITO L. HAW TAY, Complainant, v. HON. EDUARDO SINGAYAO, Respondent.


SYLLABUS


1. LEGAL ETHICS; ATTORNEYS; SERIOUS MISCONDUCT OR CONDUCT UNBECOMING A MEMBER OF THE BAR; PENALTY IMPOSED ON LAWYER WHO IS A MEMBER OF AN ETHNIC GROUP. — It is entirely clear to this Court that the acts of which the respondent Singayao was found guilty constitute sufficient basis for disbarring the respondent on grounds of serious misconduct or conduct unbecoming a Member of the Bar. Ordinarily, therefore, the Court would simply disbar the Respondent. Respondent is a member of a little known and probably poorly developed indigenous cultural community and apparently the only member of that group who had achieved membership in the Philippine Bar. Respondent has also apparently been accorded some degree of leadership status within this indigenous cultural group. The Court is reluctant to deprive that ethnic grouping completely of any representation in the Philippine Bar and, therefore, out of consideration for his tribal group (rather than for his own sake) is prepared to give respondent all opportunity to redeem himself and prove himself worthy once again to enjoy the privileges of membership of the Bar. This rehabilitation however, must be done outside the brotherhood of the law he has dishonored and to which he will be allowed to return only after he has purged himself of his misconduct: by, among other things, rendering significant service to his own tribe and consistently and substantially contributing to the social and economic development of the tribe and especially of its poorer and illiterate members. Respondent Singayao is hereby indefinitely SUSPENDED as a Member of the Philippine Bar and is prohibited from engaging in the practice of law, until otherwise ordered by this Court.


R E S O L U T I O N


PER CURIAM:



In a per curiam Resolution of this Court dated 17 September 1987, the Court found respondent Judge guilty of serious misconduct in office and of ignorance of the law and consequently" [made] clear that had respondent Judge’s resignation not been accepted by the President, respondent Judge would be dismissed from the service forthwith." In addition, the Court declared respondent "disqualified from re-employment in any position in any branch, agency or instrumentality of the government, or government-owned or controlled corporation, and as having forfeited all his accrued retirement benefits, leaves and other privileges, if any."cralaw virtua1aw library

In the same Resolution, the Court also resolved to require respondent to show cause why he should not be disbarred for the acts of which he had been found guilty.

In his Comment and Show Cause Compliance dated 23 December 1987, respondent Atty. Singayao prayed for an "investigation — conducted in accordance with Rule 139 of the Revised Rules of Court and that respondent be allowed an opportunity to adduce evidence on his behalf." In the same pleading, respondent Singayao staled that he "had passively allowed the investigation of said case to proceed without his presence," because of" [his] financial difficulty and involvement in the May 11, 1987 elections," as well as his "skepticism following the announcement of the last reorganization which removed him from the judiciary" and his feeling that "everything was academic."cralaw virtua1aw library

By a Resolution dated 26 January 1988, the Court resolved to require the respondent attorney to submit to this Court any evidence and statements he may wish the Court to consider in respect of the charge for disbarment. The Court did so even though the facts on the basis of which respondent was found guilty of serious misconduct and of ignorance of the law had been fully established in the course of the investigation conducted by Mr. Justice Eduardo R. Bengzon of the Court of Appeals. The investigating Justice repeatedly reset the hearings to give respondent Judge ample opportunity to submit any evidence he had to traverse the charges against him. After it had become completely clear that respondent would not appear, Mr. Justice Bengzon required affirmative proof from the complainant, which was in due time submitted, heard and evaluated. The investigation, report and recommendation carried out and submitted by Mr. Justice Bengzon, upon designation of this Court, is an entirely adequate substitute for the referral to the Solicitor General for investigation, report and recommendation, envisaged in Rule 139 of the Revised Rules of Court. In any case, in his Compliance, dated 20 February 1988, respondent attorney failed to submit any evidence controverting the evidence received and relied upon by the investigating Justice.

Upon the other hand, respondent submitted to this Court as attachments to his Compliance numerous certifications issued by government officials and heads of religious and civic organizations, including: (a) a certification issued by Mr. Paulino A. Randing, Chief, Cultural Affairs Division of the Aromanon Manobo Professionals Associations to the effect that respondent is the only lawyer in the entire Aromanon Manobo tribe; (b) statement or certification of the members of the Aromanon Group indicating their trust in respondent whom they apparently regard as a leader and protector; and (c) a certification issued by the Municipal Mayor of Libungan, Cotabato, also stating that respondent is an acknowledged leader of and the only lawyer in the Aromanon Manobo tribe. The rest of the certifications submitted by respondent are, as may be expected, testimonials laudatory of the respondent, which are obviously of peripheral relevance.

It is entirely clear to this Court that the acts of which the respondent Singayao was found guilty constitute sufficient basis for disbarring the respondent on grounds of serious misconduct or conduct unbecoming a Member of the Bar. 1 Ordinarily, therefore, the Court would simply disbar the Respondent.chanrobles virtual lawlibrary

In the present case, however, the Court believes that it is justified in taking into account the circumstance that respondent is a member of a little known and probably poorly developed indigenous cultural community and apparently the only member of that group who had achieved membership in the Philippine Bar. Respondent has also apparently been accorded some degree of leadership status within this indigenous cultural group. The Court is reluctant to deprive that ethnic grouping completely of any representation in the Philippine Bar and, therefore, out of consideration for his tribal group (rather than for his own sake) is prepared to give respondent all opportunity to redeem himself and prove himself worthy once again to enjoy the privileges of membership of the Bar. This rehabilitation however, must be done outside the brotherhood of the law he has dishonored and to which he will be allowed to return only after he has purged himself of his misconduct: 2 by, among other things, rendering significant service to his own tribe and consistently and substantially contributing to the social and economic development of the tribe and especially of its poorer and illiterate members.chanrobles law library : red

ACCORDINGLY, respondent Singayao is hereby indefinitely SUSPENDED as a Member of the Philippine Bar and is PROHIBITED from engaging in the practice of law, until otherwise ordered by this Court. This Resolution shall be spread in his personal record and is immediately executory.

SO ORDERED.

Yap (C.J.), Fernan, Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Cortes, Griño-Aquino and Medialdea, JJ., concur.

Endnotes:



1. E.g., Bautista v. Judge Guevarra, A.M. No. 21278-MJ, 142 SCRA 632 (1986); Court Administrator v. Rodolfo G. Hermoso, etc., Et. Al.: Lilia Cabrera Ang v. Rodolfo G. Hermoso, etc., 150 SCRA 269 (1987).

2. G.R. No. 78926 In the Matter of Proceedings for Disciplinary Action against Atty. Ponciano B. Jacinto, etc., 6 April 1988.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





May-1988 Jurisprudence                 

  • G.R. No. L-47717 May 2, 1988 - IGNACIO PASCUA, ET AL. v. HEIRS OF SEGUNDO SIMEON, ET AL.

  • G.R. No. 76353 May 2, 1988 - SOPHIA ALCUAZ, ET AL. v. PHILIPPINE SCHOOL OF BUSINESS ADMINISTRATION, ET AL.

  • G.R. No. L-43446 May 3, 1988 - FILIPINO PIPE AND FOUNDRY CORPORATION v. NATIONAL WATERWORKS AND SEWERAGE AUTHORITY

  • G.R. No. L-39272 May 4, 1988 - EUGENIA SALAMAT VDA. DE MEDINA v. FERNANDO A. CRUZ, ET AL.

  • G.R. No. L-66183 May 4, 1988 - RICARDO O. MONTINOLA, JR. v. REPUBLIC PLANTERS BANK, ET AL.

  • G.R. No. L-67451 May 4, 1988 - REALTY SALES ENTERPRISE, INC., ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-74410 May 4, 1988 - PABLO MAYOR v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-53984 May 5, 1988 - PEOPLE OF THE PHIL. v. EDUARDO V. ANTONIO

  • G.R. No. L-70987 May 5, 1988 - GREGORIO Y. LIMPIN, JR., ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-78605 May 5, 1988 - NATIONAL POWER CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. L-53907 May 6, 1988 - MODERN FISHING GEAR LABOR UNION v. CARMELO C. NORIEL, ET AL

  • G.R. Nos. L-57719-21 May 6, 1988 - WILFREDO DAVID v. COURT OF APPEALS, ET AL.

  • G.R. No. 76595 May 6, 1988 - PACIFIC ASIA OVERSEAS SHIPPING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • A.M. No. R-254-MTJ and 88-1-2807-MCTC May 9, 1988 - COURT ADMINISTRATOR v. RICARDO M. MAGTIBAY

  • G.R. No. L-30964 May 9, 1988 - SY CHIE JUNK SHOP, ET AL. v. FOITAF, ET AL.

  • G.R. No. L-43825 May 9, 1988 - CONTINENTAL MARBLE CORP., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-46303 May 9, 1988 - VICENTE S. UMALI v. JORGE COQUIA, ET AL.

  • G.R. No. L-47968 May 9, 1989

    LINA MONTILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. L-48064 May 9, 1988 - ANTHONY POWERS, ET AL. v. DONALD I. MARSHALL, ET AL.

  • G.R. No. L-49893 May 9, 1988 - DANIEL C. ASPACIO v. AMADO G. INCIONG, ET AL.

  • G.R. No. L-51278 May 9, 1988 - HEIRS OF RAMON PIZARRO, SR. v. FRANCISCO Z. CONSOLACION, ET AL.

  • G.R. No. L-54090 May 9, 1988 - PEOPLE OF THE PHIL. v. ABRAHAM P. SERANILLA, ET AL.

  • G.R. No. L-56505 May 9, 1988 - MAXIMO PLENO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-56923 May 9, 1988 - RAMON J. ALEGRE v. MANUEL T. REYES, ET AL.

  • G.R. No. L-57061 May 9, 1988 - PEOPLE OF THE PHIL. v. MANGUIGIN MACATANA, ET AL.

  • G.R. No. L-57280 May 9, 1988 - PEOPLE OF THE PHIL. v. COURT OF FIRST INSTANCE OF RIZAL, BRANCH IV, QUEZON CITY, ET AL.

  • G.R. No. L-68940 May 9, 1988 - PEOPLE OF THE PHIL. v. MATEO ABAGON, ET AL.

  • G.R. No. L-77227 May 9, 1988 - COMMANDER REALTY, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 78604 May 9, 1988 - BATAAN SHIPYARD and ENGINEERING CO., INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-81190 May 9, 1988 - MATIAS B. AZNAR III, ET AL. v. JUANITO A. BERNAD, ET AL.

  • A.M. No. R-6-RTJ May 11, 1988 - PELAGIO SICAT v. FERNANDO S. ALCANTARA, ET AL.

  • G.R. No. L-38426 May 11, 1988 - PEDRO DE VILLA v. ISMAEL MATHAY, SR.

  • G.R. No. L-48848 May 11, 1988 - FEDERATION OF FREE WORKERS, ET AL. v. AMADO G. INCIONG, ET AL.

  • G.R. No. L-48889 May 11, 1989

    DEVELOPMENT BANK OF THE PHILIPPINES v. MIDPANTAO L. ADIL

  • G.R. No. L-65680 May 11, 1988 - JOSE B. SARMIENTO v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • G.R. No. L79644 May 11, 1988 - LORENZO SHIPPING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. L-53873 May 13, 1988 - PEOPLE OF THE PHIL. v. ALFREDO C. LAYA, ET AL.

  • G.R. No. L-47379 May 16, 1988 - NATIONAL POWER CORPORATION v. COURT OF APPEALS, ET AL.

  • A.C. No. 3153 May 17, 1988 - JUANITO L. HAW TAY v. EDUARDO SINGAYAO

  • G.R. No. L-58652 May 20, 1988 - ALFREDO B. RODILLAS v. SANDIGANBAYAN, ET AL.

  • G.R. No. L-50242 May 21, 1988 - E. RAZON, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-53966 May 21, 1988 - IN RE: JOSE B. YUSAY, ET AL. v. TERESITA Y. RAMOS

  • G.R. No. L-60487 May 21, 1988 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. L-72069 & L-72070 May 21, 1988 - COMMISSIONER OF CUSTOMS v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. 77465 May 21, 1988 - UY TONG, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 78343 May 21, 1988 - HEIRS OF RICARDO OLIVAS v. FLORENTINO A. FLOR, ET AL.

  • G.R. No. L-37409 May 23, 1988 - NICOLAS VALISNO v. FELIPE ADRIANO

  • G.R. No. L-47414 May 23, 1988 - ELIODORO T. ISCALA v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. 71863 May 23, 1988 - PEOPLE OF THE PHIL. v. ALEJANDRO POLICARPIO KHAN

  • G.R. No. L-73491 May 23, 1988 - CONCEPCION B. TUPUE v. JOSE URGEL, ET AL.

  • G.R. No. 74907 May 23, 1988 - PEDRO S. LACSA v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-76258 May 23, 1988 - JUANITO S. AMANDY v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 79010 May 23, 1988 - GENEROSO CORTES v. COURT OF APPEALS, ET AL.

  • G.R. No. L-30751 May 24, 1988 - PHILIPPINE NATIONAL BANK v. GENERAL ACCEPTANCE AND FINANCE CORPORATION, ET AL.

  • G.R. No. L-38570 May 24, 1988 - DOMINGO PADUA v. VICENTE ERICTA, ET AL.

  • G.R. No. L-57145 May 24, 1988 - PEOPLE OF THE PHIL. v. VALENTIN ATUTUBO

  • G.R. No. L-66575 May 24, 1988 - ADRIANO MANECLANG, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 71909 May 24, 1988 - JANE CUA, ET AL. v. CARMEN LECAROS, ET AL.

  • G.R. No. 80066 May 24, 1988 - PEOPLE OF THE PHIL. v. MAXIMIANO ASUNCION, ET AL.

  • G.R. No. L-36007 May 25, 1988 - FERNANDO GALLARDO v. JUAN BORROMEO

  • G.R. No. L-61093 May 25, 1988 - ELIGIO P. MALLARI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-65483 May 25, 1988 - PEOPLE OF THE PHIL. v. SILVINO T. VILLANUEVA

  • G.R. No. 74451 May 25, 1988 - EQUITABLE BANKING CORPORATION v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 77859 May 25, 1988 - CENTURY TEXTILE MILLS, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-64349 May 27, 1988 - CARLOS CARPIO v. PEOPLE OF THE PHIL.

  • G.R. No. L-46188 May 28, 1988 - HELENA ALMAZAR v. PEDRO D. CENZON, ET AL.

  • G.R. No. L-46556 May 28, 1988 - NAPOLEON O. CARIN v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-51101 May 28, 1988 - RUFINO NAZARETH, ET AL. v. RENATO S. SANTOS, ET AL.

  • G.R. No. L-53650 May 28, 1988 - VIRGINIA M. RAMOS v. ABDUL-WAHID A. BIDIN, ET AL.

  • G.R. No. L-56362 May 28, 1988 - TOMASITA AQUINO v. PEDRO T. SANTIAGO, ET AL.

  • G.R. No. L-56429 May 28, 1988 - BANCO FILIPINO SAVINGS AND MORTGAGE BANK v. FIDEL PURISIMA, ET AL.

  • G.R. No. L-58997 May 28, 1988 - MARCELINO TIBURCIO v. JOSE P. CASTRO, ET AL.

  • G.R. No. L-60937 May 28, 1988 - WALTER ASCONA LEE, ET AL. v. MANUEL V. ROMILLO, JR., ET AL.

  • G.R. No. L-61223 May 28, 1988 - PEOPLE OF THE PHIL. v. CONRADO L. MERCADO

  • G.R. No. L-61464 May 28, 1988 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. L-66884 May 28, 1988 - PEOPLE OF THE PHIL. v. VICENTE TEMBLOR

  • G.R. No. 77047 May 28, 1988 - JOAQUINA R-INFANTE DE ARANZ, ET AL. v. NICOLAS GALING, ET AL.

  • G.R. No. L-38303 May 30, 1988 - HONGKONG & SHANGHAI BANKING CORPORATION v. RALPH PAULI, ET AL.

  • G.R. No. L-43866 May 30, 1988 - PETRONIO COLLADO, ET AL. v. HAROLD M. HERNANDO, ET AL.

  • G.R. No. L-48757 May 30, 1988 - MAURO GANZON v. COURT OF APPEALS, ET AL.

  • G.R. Nos. L-67158, 67159, 67160, 67161, & 67162 May 30, 1988 - CLLC E.G. GOCHANGCO WORKERS UNION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-24842 May 31, 1988 - REPUBLIC OF THE PHIL. v. ALEJANDRO CARDENAS

  • G.R. No. L-36480 May 31, 1988 - ANDREW PALERMO v. PYRAMID INSURANCE CO., INC.

  • G.R. No. L-36773 May 31, 1988 - REPUBLIC OF THE PHIL. v. COURT OF FIRST INSTANCE OF CAMARINES SUR, ET AL.

  • G.R. No. L-54290 May 31, 1988 - DON PEPE HENSON ENTERPRISES, ET AL. v. IRINEO PANGILINAN, ET AL.

  • G.R. No. L-57650 May 31, 1988 - CATALINO Y. TINGA v. PEOPLE OF THE PHIL.

  • G.R. No. L-59801 May 31, 1988 - LEONOR P. FERNANDEZ, ET AL. v. FRANCIS J. MILITANTE, ET AL.

  • G.R. No. L-67948 May 31, 1988 - PEOPLE OF THE PHIL. v. NAPOLEON MONTEALEGRE

  • G.R. No. 78775 May 31, 1988 - JOSE UNCHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 80774 May 31, 1988 - SAN MIGUEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-81805 May 31, 1988 - VAR-ORIENT SHIPPING CO., INC., ET AL. v. TOMAS D. ACHACOSO, ET AL.

  • G.R. No. 82330 May 31, 1988 - DIAL CORPORATION, ET AL. v. CLEMENTE M. SORIANO, ET AL.

  • G.R. No. 82568 May 31, 1988 - ALFREDO R.A. BENGZON, ET AL. v. COURT OF APPEALS, ET AL.