GR L 2671; (December, 1906) (Digest)
March 4, 2026GR L 2704; (December, 1906) (Digest)
March 5, 2026G.R. No. L‑2532
December 11 1906
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FACTS
– Macario Adriatico, attorney‑at‑law, was summoned by the Court of First Instance, Mindoro, to show cause why he should not be suspended for numerous acts of professional misconduct.
– Allegations included:
1. Malpractice as estate administrator of the late Ramon Valencia borrowing ₱3,500 from Félix López, misrepresenting the loan as a personal advance to heirs, hypothecating estate assets without authority, overcharging for rice supplies, and inducing heirs to sign receipts for amounts larger than what he actually disbursed.
2. Exorbitant fee of 108 head of cattle for representing Cayetana Salazar, followed by intimidation threats after his dismissal.
3. Improper prosecution of Toribio González for homicide, receiving ₱8,000 from López and ₱300 from González’s wife to secure larger fees and to handle the appeal.
4. Repeated deceit and breach of fidelity in other cases before the Courts of Mindoro and Tayabas.
– Adriatico failed to appear at the scheduled hearing on 4 March 1905 despite being granted a brief continuance. The court proceeded ex parte.
ISSUE
Whether the evidence of deceit, malpractice, and other gross misconduct establishes sufficient ground under Section 21 (and related provisions) of the Code of Procedure in Civil Actions to remove Adriatico from the legal profession and cancel his certificate to practice law.
RULING
– The court found the allegations proved and characterized them as gross misconduct that gravely tarnished Adriatico’s professional character.
– By virtue of Section 21 (and Section 24) of the Code of Procedure, Adriatico was removed from the roll of lawyers; his certificate of authority to practice (dated 6 May 1901) was canceled and annulled.
– He was ordered to pay the costs of the proceeding.
– The case record was remitted to the Attorney‑General for investigation and, if warranted, the filing of criminal charges.
Concurrence: Chief Justice Arellano and Justices Torres, Mapa, Carson, Willard, and Tracey.
