23 February 2006
Ponente: Ynares-Santiago, J.
FACTS:
Atty. Salvador Moya II allegedly issued seven postdated checks to Quirino Tomlin II as partial payment for the P600,000.00 that the former borrowed from the latter. When Tomlin realized that all the said checks were dishonoured by the bank, he made several demands to Moya but the latter still refused to pay his debt. Thereafter, the complainant filed seven counts of violation of Batas Pambansa Bilang 22 to the Municipal Trial Court of Sta. Maria, Bulacan as well as an instant case for disbarment against Moya.
ISSUES:
- Whether or not the administrative case for the respondent’s disbarment should be dismissed for violation of the rule on non-forum shopping; and
- Whether or not Atty. Moya is guilty of Gross Misconduct and violation or the Code of Professional Responsibility.
HELD:
- No. The instant petition for disbarment was not a violation of the rule against forum shopping. Forum shopping is only applicable to judicial cases or proceedings, not to disbarment proceedings. Furthermore, the main object of the seven criminal cases of the respondent’s violation of BP Blg. 22 is different from the administrative case at hand. The former refers to the issuance of bouncing checks, while the latter refers to the dishonesty of the respondent in the payment of his debts.
- Yes. Atty. Moya is guilty of Gross Misconduct and violation of the Code of Professional Responsibility. His refusal to pay his monetary obligations His refusal to pay his monetary obligations without justifiable cause, despite acknowledging said obligations and doing so without remorse, fails to comply with the expectation of lawyers to be honest in their dealings – be it in their professional or private affairs. What is more, his failure to file his answer and verified position paper despite extensions of time is a manifestation of his disrespect for judicial authorities. For his acts, he was then sentenced to be suspended from practice for two years.
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