SPOUSES FRANKLIN AND LOURDES OLBES Â VS. Â ATTY. VICTOR Â DECIEMBRE DIGEST
SPOUSES FRANKLIN AND LOURDES OLBES Â VS. Â ATTY. VICTOR Â DECIEMBRE
A.C. NO. 5365 APRIL 27, 2005
FACTS:
This is a disbarment case against the respondent Atty. Victor Deciembre for violating the Code of Responsibility for filling up blank checks and by writing on those checks amounts that had not been agreed upon at all.
Lourdes Olbes renewed her application to the loan from Rodelia Loans, Inc., in the amount of 10,000php, she issued to the respondent 5 blank checks for the security of the loan and as collateral for the approved loan and loans for the loans to come. Complainant even paid respondent P14, 874.37 for the loan plus surcharges, penalties and interests, for which the latter issued receipt. Â
Unbeknownst to the spouses, the respondent filled up the four PNB checks for the amount of 50,000php each with different dates of maturity. He then filed before the Provincial Prosecution Office of Rizal in Affidavit-Complaint against the petitioners for estafa and violation of Batasang Pambansa 22 stating that in July 15, 1999 around 1:30 the spouses exchanged with cash PNB Check in Cainta, Rizal, and in the same day around 2:00 in Quezon City that the checks had been signed by them in his presence and claimed he had given them the amounts of money indicated in the checks.
The Investigating Commissioner is not convinced that respondent’s complain was not credible and should be suspended from the practice of law for two years for violating Rule 1.01 of the Code of Professional Responsibility.
Issue:
Whether or not Atty. Victor Deciembre is guilty for violating the Rules 1.01 and 7.03 of the Code of Professional Responsibility.
Held:
Yes. The accusation of the respondents against the petitioner is not truthful, that it is physically impossible for the spouses to transact business in Cainta, Rizal and Quezon City. It was shown in the DTR in their in their office and the interval of 30 minutes between the two transaction in different area is not possible. Upon investigation the commissioner stated that respondent’s narration is not truthful, with this the court finds the side of the complainant more credible. The Court finds merit that the Code of Professional Responsibility was seriously transgressed by filling up bank checks by indicating amounts agreed upon at all and he is aware that the loan is for securing the checks had already been paid.
Respondent is guilty of serious dishonest and professional misconduct the court suspends Atty. Victor Deciembre is suspended from the practice of law.
