Legal Profession

Cambaliza v. Cristal-Tenorio

Key words: deceit, grossly immoral conduct,

malpractice, Canon 9, Rule 9.01

Adm. case no. 6290, July 14, 2004

Ponente: C.J. Davide Jr.
I. Terms
II. Canon 9 A lawyer shall not, directly or indirectly,
assist in the unauthorized practice of law
III. Rule 9.01 A lawyer shall not delegate to any
unqualified person the performance of any task which
by law may only be performed by a member of the bar
in good standing.
IV. Reliefs Sought
V. Complaint for disbarment against Atty. CristalTenorio
VI. Facts
Ana Cambaliza, a former employee of Ana Luz
Cristal-Tenorio, filed a complaint for disbarment
against Cristal-Tenorio, stating that she had
commited deceit, grossly immoral conduct and
malpractice.
Deceit: falsely representing herself as married to
Felicisimo Tenorio Jr., who has had a prior
subsisting marriage, under the use of a false
marriage contract, which the local civil registrar
and the NSO had no record of. In the birth
certificates of their 2 out of 4 children, the stated

date and place of marriage was in Manila in

February 10, 1980, while in the other 2 childrens
birth certificate, their marriage was supposedly
held in Malaybalay, Bukidnon on February 12,
1980.
Grossly immoral conduct: dissemination of libelous
affidavits against Makati Councilor Divina Jacome.
Malpractice: 1) Illegal practice of Atty. CristalTenorios husband, 2) using clients money for her
own use and benefit, and 3) threatening the
complainant saying Isang bala ka lang. to deter
her from divulging her illegal activities.
In her answer, Atty. Cristal-Tenorio denied the
allegations, saying that she and her husband was
legally married on February 12, 1980 in Quezon
City. Also, it was Councilor Jacome that had
caused the execution of the document, and it was
the complainants and her cohorts going around
Makati to besmirch her good name and reputation.
While for the allegations against malpractice, her
law office, Cristal-Tenorio Law, is registered, and

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Legal Profession

had no partners, and the estafa case had been

dropped.
Atty Cristal-Tenorio added that the complainant
was politically motivated, with other politicians
promising to hire her in exchange for the execution
of the complaint. She had also stated that the
complainant simply wanted revenge because the
respondent had terminated her, due to the
complainants acts of extortion against clients.
The complainant added allegations that 1) the law
offices letterhead stated Felicisimos name as
senior partner, 2) in the Sagip Communications
Radio Groups ID card, which is signed by
Felicisimo as the Chairman, Felicisimo is identified
with the title as attorney, and 3) Felicisimo has
appeared in court as counsel.
The respondent replied that the letterheads were
false reproductions, but admitted that Felicisimo
and a certain Gerardo Panghulan were named as
partners due to their investments in the firm.
In November 13, 2002, the complainant filed a
Motion to Withdraw, but the court found it
necessary to continue with the investigation, as
held in Rayos-Ombac v. Rayos, that disbarment

VIII.

may proceed regardless of the interest of the

complainant.
VII.
Issue/s and Held
1. Whether or not Atty. Cristal-Tenorio acted in
deceit, grossly immoral conduct, and
malpractice.
IX.
X.
Held:
XI.
On the charges of deceit and grossly
immoral conduct, the court held that the
complainant failed to substantiate the
charges.
XII.
XIII. But on the charge of malpractice,
Atty. Cristal-Tenorio was found guilty,
because of the unauthorized practice of her
husband, which goes against Canon 9, and
Rule 9.01 of the Code of Professional
Responsibility.
XIV.
XV. Atty. Cristal-Tenorio was suspended
from the practice of law for 6 months.
XVI.
XVII. Separate Opinions
XVIII.
None.
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