A.C. No. 5081 – 447 Phil. 549 – 399 SCRA 422 – Legal Ethics – Lawyers committing fraud – A lawyer should not engage in deceitful conduct
In 1991, Atty. Rex Rimorin had a Special Power of Attorney notarized. The SPA made it appear that Emiliana Eustaquio et al. authorized Rimorin to sell a property in Baguio. By reason of the SPA, Rimorin was able to sell the property to a certain So Hu in 1991. In 1998, So hu sold the same property to Danilo De Vera.
In 1999, Eustaquio et al. discovered what Rimorin did. They filed a disciplinary action against Rimorin.
ISSUE: Whether or not Rimorin should be disciplined.
HELD: Yes. Membership in the bar is a privilege burdened with conditions. A high sense of morality, honesty, and fair dealing is expected and required of a member of the bar. Rule 1.01 of the Code of Professional Responsibility provides that, “A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.”
Rimorin’s deceitful conduct makes him less than worthy of his continued practice of law. A lawyer is expected at all times to uphold the integrity of the legal profession. Commission of grossly immoral conduct and deceit are grounds for suspension or disbarment of lawyers. Whenever it is made to appear to the Supreme Court that an attorney is no longer worthy of the trust and confidence of the public, it becomes not only the right but the duty of the Court which made him one of its officers and gave him the privilege of ministering within its bar to withdraw the privilege.
Rimorin was suspended for five years.
