Malhabour vs Atty.

Sarmiento
AC 5417, March31, 2006

Facts:
This is a case of disbarment filed by Malhabour against Atty. Sarmiento
for unlawful, dishonest, immoral or deceitful conduct.
Complainant hired Atty. Sarmiento to assist him in labor case against
HY2LB Shipping Management Services, Inc., a local manning agency.
That complainant was hired by HY2LB shipping, as electrician for M/V
Gold Faith, a vessel owned by New Ocean Ltd., a foreign principal based in
Hongkong. The employment contract was for a period of 12months and that
complainants monthly salary would be six hundred US dollars ($600) and he
had to work 48 hours a week with 30% overtime pay.
Complainant rendered service to the vessel for four months and nine
days only, on the ground that the principal was reducing its personnel.
Because of this complainant filed illegal dismissal against HY2LB shipping,
new ocean ltd. And premier insurance and surety corporation to POEA. POEA
rendered judgement in favour of complainant.
HY2LB filed an appeal to CA, but it was dismissed and affirming the
judgement of POEA. A motion for reconsideration was then filed by HY2LB,
thus CA modified its decision still in favour of the complainant. Upon the
receipt of the resolution, the complainant then asked the respondent to file
motion for reconsideration but failed to do, then complainant filed it, but it
was denied. Upon the denial of the motion for reconsideration he again
requested respondent to file Petition for review on certiorari, but he filed it
late, thus the court deny it for being late.
Unknown to the complainant, respondent sent a letter to NLRC, stating
that the complainant gave him SPA authorizing him ti receive the judgement
award. Respondent filed a Motion for executopn alleging that complainant
decided to terminate the case and will no longer file a motion for
reconsideration. Then NLRC released the judgement award to the
respondent.
Upon the knowledge of complainant, he then filed estafa with the NBI
against the respondent. During their confrontation, the respondent partially

give P 40,000.00 of P60,000.00 award. Later, respondent give another

P10,000.00 making him still liable for P10,000.00 balance. This resulted to
the filing of disbarment against the respondent.
SC then referred the case to IBP for investigation, report, and
recommendation. IBP in its recommendation found that respondent is guilty
in violation of Canon 1 of CPR.

Issue: WON respondent violation of Canon 1 tantamount to his disbarment.

Ruling:
No.
It bears stressing that as a lawyer, respondent is the servant of the law
and belongs to a profession to which society has entrusted the
administration of law and the dispensation of justice. As such, he should
make himself more an exemplar for others to emulate and should not engage
in unlawful, dishonest, immoral or deceitful conduct. SC has been exacting in
its demand for integrity and good moral character of members of the Bar.
They are expected at all times to uphold the integrity and dignity of the legal
profession and refrain from any act or omission which might lessen the trust
and confidence reposed by the public in the fidelity, honesty, and integrity of
the legal profession. Membership in the legal profession is a privilege. And
whenever it is made to appear that an attorney is no longer worthy of the
trust and confidence of the public, it becomes not only the right but also the
duty of this court, which made him one of its officers and gave him the
privilege of ministering within its Bar, to withdraw the privilege.
Respondents conduct blemished not only his integrity as a member of the
Bar, but also that of the legal profession. His conduct fell shot of the exacting
standards expected him as guardian of law and justice.
In cases that were decided before, the violation of Canon 1, which
constitutes the act of misconduct, will be penalized with suspension from the
practice of law for one year is sufficient. Respondent lawyer, which was
found guilty of the violation of Canon1 is suspended from the practie of law
for a period of one year.