AC 13955; (January, 2024) (Digest)
G.R. No. 13955, January 30, 2024
Adrian M. Kelley, Complainant, vs. Atty. Cipriano D. Robielos III, Respondent.
FACTS
Complainant Adrian M. Kelley charged respondent Atty. Cipriano D. Robielos III with grave misconduct before the Integrated Bar of the Philippines (IBP). In February 2016, Atty. Robielos borrowed PHP 240,000.00 from Kelley and issued Bank of Commerce Check No. 00000082 dated June 30, 2016 as payment. The check was dishonored for being “drawn against insufficient funds.” After a demand letter, the parties entered into a “Kasunduan ng Pag-Aayos” dated September 13, 2016 before a Barangay Chairman, whereby Atty. Robielos committed to pay in installments of PHP 20,000.00 every 15 days for six months. Atty. Robielos paid only three installments (PHP 60,000.00), leaving a balance of PHP 180,000.00. Kelley filed a small claims case before the MeTC, which ordered Atty. Robielos to pay PHP 180,000.00 with interest. Atty. Robielos opposed execution, claiming the check was issued to “return a favor” and not for debt payment, a defense the court found devoid of merit. An alias writ of execution was served, but Atty. Robielos refused to pay the judgment award, compelling Kelley to file this administrative complaint. During the IBP proceedings, Atty. Robielos repeatedly failed to file his answer, respond to orders, or submit his position paper despite notice.
ISSUE
Whether Atty. Cipriano D. Robielos III is administratively liable for issuing a worthless check and failing to pay his debt, in violation of the Code of Professional Responsibility and Accountability (CPRA) and the Lawyer’s Oath.
RULING
Yes, Atty. Robielos is administratively liable. The Court found him guilty of violating Canon II, Section 1 of the CPRA, which requires a lawyer to act with propriety and not engage in unlawful, dishonest, immoral, or deceitful conduct. His act of issuing a worthless check and his obstinate refusal to pay a just debt, despite a court order and a barangay agreement, constitute deceitful conduct involving moral turpitude. This reveals a basic moral flaw unfit for the legal profession. The Court noted his previous disciplinary record of two suspensions (six months and five years) as aggravating circumstances of recidivism. For his serious offense of gross misconduct and serious dishonesty, and for his willful disobedience of IBP orders (a less serious offense), the Court DISBARRED Atty. Cipriano D. Robielos III from the practice of law, effective immediately. His name was ordered stricken from the Roll of Attorneys. He was also ordered to pay a fine of PHP 15,000.00 for failure to comply with the IBP’s directives.