Criszus Nino V.
Ibon PALE 3S
ROBERT,
Complainant,
-versus-
ATTY. MARTIN, FOR: VIOL. OF B.P. BLG. 22
Accused.
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ACCUSED MEMORANDUM
COMES NOW, Accused ATTY. MARTIN by counsel unto this
Honorable Court, respectfully aver:
STATEMENT OF FACTS
1. The Accused Atty. Martin approached Complainant to borrow
money, the truth of the matter being that it was the former’s wife
who initially borrowed One Hundred Thousand (P100,000.00)
Pesos, and the money was not used for electoral campaign.
2. The Accused Atty. Martin and his wife religiously paid the
unconscionable interest of 5% or roughly Fifteen Thousand
(P15,000.00) Pesos by depositing the amount in UCPB.
3. That the Accused Atty. Martin had been staying in Agusan del
Sur since October 2012. His wife and kids also left Davao City
home to temporary location since August 2013 to cut down
costs.
4. Sometime in February 10, 2013, Accused Atty. Martin
approached Complainant to increase the loan to Two Hundred
Thousand (P200,000.00) Pesos since his the former’s family
had a hard time recovering from the onslaught of typhoon
Pablo.
5. However, the Complainant Robert claimed that Accused Atty.
Martin issued postdated check UCPB check No. MAG 7178613
1
dated February 10, 2013 in the amount of Three Hundred
Thousand (P300,000.00) Pesos
6. That the check was dishonored for reason Drawn Against
Insufficient Fund (DAIF). Complainant Robert tried to collect
from Accused Atty. Martin the amount. Despite demands from
Complainant Robert, the money remained unpaid.
ISSUE
I. WHETHER OR NOT ATTY. MARTIN SHOULD BE
ADMINISTRATIVELY SANCTIONED FOR VIOLATING THE
LAWYER’S OATH AND THE CODE OF PROFESSIONAL
RESPONSIBILITY.
DISCUSSION
AS TO THE ISSUE
1. The Accused Atty Martin’s failure to pay was not deliberate and
willful but due to financial constraints. It was stipulated that the
former had been faithful in paying his previous obligations to
Complainant Robert through the monthly payment of Fifteen
Thousand (P15,000.00.) Pesos.
2. Such is in line with Code of Professional Responsibility,
specifically Rule 1.01, reads to wit:
A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
3. The Accused Atty. Martin had been a lawyer for 22 years. He
had been an active member in good standing of the Integrated
Bar of the Philippines. This support the fact that Atty. Martin is
well aware of his duty to faithfully perform at all times his duties
to society, to the bar, to the courts and to his clients.
2
4. Code of Professional Responsibility, specifically Canon 1, Rule
1.01, reads to wit:
A lawyer shall uphold the constitution, obey the laws
of the land and promote respect for the law and
legal processes.
5. Considering Atty. Martin’s long years of unblemished legal
practice, there is no propensity to defraud by incurring debts
without the least intention of paying them. Atty. Martin is also
cognizant as part of his duties that he must promptly pay his
financial obligations. However, the realities of the Accused
financial condition made it difficult for him to do so.
6. Moreso, lawyers may not be disciplined for conduct which does
not relate to their functions as lawyers, except when it is gross
in character as to reflect the moral depravity of the lawyer
wanting
of the standards demanded by the legal profession.
7. In the case, Rosauro v. Kallos, A.M. No. RTJ-03-1796,
February 10, 2006, the Supreme Court held, to wit:
A lawyer may obtain a loan if no law prohibits such
loan.|||
8. What subject lawyers to disciplinary actions are their willful and
deliberate failure to pay a just debt without offering justifiable
reasons. It is the evident bad faith to avoid obligations and the
absence of remorse that makes such act violative of the
lawyer’s oath and canons lawyers have sworn to uphold.
9. The Accused is suffering from financial woes who simply needs
substantial amount of time to settle a demand.
10. Thus, there is no reason that the Accused Atty. Martin be
administratively sanctioned for violating the Lawyer’s Oath and
the Code of Professional Responsibility.
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