THE Supreme Court has disbarred a lawyer for repeatedly issuing worthless checks and failing to pay debts.
The SC said that Cipriano Robielos III’s deliberate failure to pay debts and the issuance of worthless checks constitute “gross misconduct,” for which a lawyer may be sanctioned.
Court records showed that in 2016 Robielos obtained a loan from complainant Adrian Kelley in the amount of P240,000.
As payment for the loan, Robielos issued a check which was later dishonored for having been drawn against insufficient funds.
The SC said despite repeated demands, Robielos failed to pay.
He then promised to pay the full amount in installments over six months.
Robielos, the SC added, paid only P60,000 and failed to pay the subsequent installments, leaving a balance of P180,000.
This prompted Kelley to file a small claims complaint before the Metropolitan Trial Court against Robielos, who failed to file an answer and did not appear during the hearing.
The MTC ordered Robielos to pay Kelsey the amount of P180,000 with a 6 percent interest per annum.
When Robielos still failed to pay, Kelley filed an administrative complaint against Robielos before the Integrated Bar of the Philippines.
The SC said despite repeated orders, Robielos failed to file his answer, respond to instructions from the IBP, or submit his position paper.
“The IBP Investigating Commissioner thus recommended that Atty. Robielos be suspended from the practice of law for two years. The IBP Board of Governors adopted the findings of the IBP Investigating Commissioner, but increased the penalty to suspension for five years,” the SC said.
In disbarring Robielos, the SC stressed that membership in the Bar is a privilege burdened with conditions, adding that it is not the first time it has imposed the penalty of suspension or disbarment for any gross misconduct that a lawyer may have committed, whether it is in his or her professional or private capacity.
The High Court reiterated that “deliberate failure” to pay just debts and the issuance of worthless checks constitute gross misconduct, for which a lawyer may be sanctioned with suspension from the practice of law.
In addition, the High Court found Robielos liable for violating Canon III, Section 2 of the Code of Professional Responsibility requiring lawyers to promote respect for legal processes when he abjectly failed to comply with the directives of the IBP Committee on Bar Discipline to file his position papers and to attend the required mandatory conference.
“As a member of the Bar, Atty. Robielos should have known that the orders of the IBP-CBD as the investigating arm of the Court in administrative cases against lawyers are not mere requests but directives which should be complied with promptly and completely,” the SC said.
