Camille Joy C.

Peredo
Basic Legal and Judicial Ethics
Section 36
Atty. Cris Tenorio

A.C. No. 10952

January 26, 2016

Engel Paul Aca vs. Atty. Ronaldo P.

Salvado
SYNOPSIS
An administrative complaint for disbarment was filed against Atty. Salva-
do for violation of Canon 1, Rule 1.014 and Canon 7, Rule 7.035 of the
Code of Professional Responsibility (CPR). Complainant alleged that he
was enticed to invest in the lending business of the respondent. Due to the
latters background as a lawyer, the complainant invested. However, com-
plainant was surprised when the aforementioned checks issued by re-
spondent as principal with interests were later on dishonored as these
were drawn from insufficient funds or a closed account. Even after several
demands, the respondent failed to settle his obligations.
The issue is whether or not the respondent violated Canons 1 rule 1.01
and Canons 7 Rule 7.03.
The Court ruled in the affirmative saying that Atty. Salvado's reprehen-
sible conduct warrants a penalty commensurate to his violation of the
CPR and the Lawyer's Oath. PROVISIONS/ CON-
CEPTS/ DOCTRINES
AND HOW APPLIED IN
FACTS THE CASE
 On May 30, 2012, Engel Paul Aca filed an administrative com-
plaint for disbarment against Atty. Salvado for violation of Canon 1,
Rule 1.014 and Canon 7, Rule 7.035 of the Code of Professional Re- Canon 1, Rule 1.01 of the
sponsibility (CPR) Code of Professional Re-
sponsibility

 Complainant alleged, among others, that sometime in 2010, he met A lawyer shall not engage in
unlawful, dishonest, immoral
Atty. Salvado through Atty. Samuel Divina (Atty. Divina), his child- or deceitful conduct.
hood friend; that Atty. Salvado introduced himself as a lawyer and a
businessman engaged in several businesses including but not limited Canon 7, Rule 7.03 of the
to the lending business; Code of Professional Re-
sponsibility
 On the same occasion, Atty. Salvado enticed the complainant to in- A lawyer shall not engage in
vest in his business and he was assured of a profitable investment due conduct that adversely re-
flects on his fitness to practice
by Atty. Salvado as the latter had various clients and investors. law, nor shall he whether in
public or private life, behave
 Complainant made an initial investment in his business. in a scandalous manner to the
discredit of the legal profes-
sion.
 Camille Joy C. Peredo
Basic Legal and Judicial Ethics
Section 36
Atty. Cris Tenorio

A.C. No. 10952

January 26, 2016

Engel Paul Aca vs. Atty. Ronaldo P.

Salvado
FACTS
 On various dates from 2010 to 2011, complainant claimed that he was
again induced by Atty. Salvado to invest with promises of high rates of
return

 Atty. Salvado issued several post-dated checks in the total amount of

P6,107,000.00, representing the principal amount plus interests.
 Upon presentment, however, complainant was shocked to learn that the
aforementioned checks were dishonored as these were drawn from in-
sufficient funds or a closed account.
 Complainant made several verbal and written demands upon Atty. Sal-
vado, who at first, openly communicated with him, assuring him that he
would not abscond from his obligations and that he was just having
difficulty liquidating his assets and collecting from his own creditors.

 On December 26, 2011, Atty. Divina personally served the Notice of Dis- PROVISIONS/ CON-
CEPTS/ DOCTRINES
honor on Atty. Salvado
AND HOW APPLIED IN
 Atty. Salvado refused to receive the said notice when Atty. Divina's mes- THE CASE
senger attempted to serve it on him.

 Sometime in April 2012, complainant yet again engaged the services of Canon 1, Rule 1.01 of the
Atty. Divina, who, with his filing clerk and the complainant's family, Code of Professional Re-
went to Atty. Salvado's house to personally serve the demand letter sponsibility
A lawyer shall not engage in
 Atty. Salvado assured complainant that he was working on "something" unlawful, dishonest, immoral
or deceitful conduct.
to pay his obligations. He still refused to personally receive or, at the
least, read the demand letter.
Canon 7, Rule 7.03 of the
 Despite his promises, Atty. Salvado failed to settle his obliga- Code of Professional Re-
sponsibility
tions.
A lawyer shall not engage in
conduct that adversely re-
ISSUE/S flects on his fitness to practice
law, nor shall he whether in
public or private life, behave
in a scandalous manner to the
WHETHER OR NOT ATTY. SALVADO VIOLATED CANONS 1 discredit of the legal profes-
sion.
RULE 1.01 AND CANONS 7 RULE 7.03.
 Camille Joy C. Peredo
Basic Legal and Judicial Ethics
Section 36
Atty. Cris Tenorio

A.C. No. 10952

January 26, 2016

Engel Paul Aca vs. Atty. Ronaldo P.

Salvado
RULING
First, as a man of law, a lawyer is necessarily a leader of the community,
looked up to as a model citizen.13 A man, learned in the law like Atty. Salva-
do, is expected to make truthful representations when dealing with persons,
clients or otherwise. For the Court, and as the IBP-BOG had observed, com-
plainant's being beguiled to part with his money and believe Atty. Salvado as
a lawyer and businessman was typical human behavior worthy of belief.

Second, it must be pointed out that the denials proffered by Atty. Salvado
cannot belie the dishonor of the checks. His strained explanation that the
checks were mere securities cannot be countenanced.

Third, the Court cannot overlook Atty. Salvado's deceiving attempts to evade
payment of his obligations.1âwphi1 Instead of displaying a committed atti-
tude to his creditor, Atty. Salvado refused to answer complainant's de- PROVISIONS/ CON-
mands. He even tried to make the complainant believe that he was no longer CEPTS/ DOCTRINES
residing at his given address. AND HOW APPLIED IN
THE CASE
Fourth, The Court need not elaborate on the correctness of the Investigating
Commissioner's reliance on jurisprudence stating that administrative cases
Canon 1, Rule 1.01 of the
against lawyers belong to a class of their own and may proceed inde- Code of Professional Re-
pendently of civil and criminal cases, including violations of B.P. 22. sponsibility
A lawyer shall not engage in
unlawful, dishonest, immoral
All told, the Court finds that Atty. Salvado's reprehensible conduct warrants or deceitful conduct.
a penalty commensurate to his violation of the CPR and the Lawyer's Oath.
Canon 7, Rule 7.03 of the
Code of Professional Re-
DISPOSITIVE sponsibility
A lawyer shall not engage in
WHEREFORE, the Court finds Atty. Ronaldo P. Salvado GUILTY of conduct that adversely re-
violating Rule 1.01, Canon 1 and Rule 7 .03 of the Code of Professional flects on his fitness to practice
law, nor shall he whether in
Responsibility. Accordingly, the Court SUSPENDS him from the prac- public or private life, behave
tice of law for a period of two (2) years in a scandalous manner to the
discredit of the legal profes-
sion.