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RE: COMPLAINTS OF MRS.

MILAGROS LEE AND SAMANTHA LEE AGAINST


ATTY. GIL LUISITO R. CAPITO
A.M. No. 2008-19-SC, 27 July 2010, EN BANC, (Carpio Morales, J.)

As officers of the court, lawyers should always be mindful of their conduct


whether in their public or private life and must refrain from any scandalous
behavior that may cause detriment to his moral character and integrity of the
legal profession.

Mrs. Milagros Lee (Mrs. Lee) consulted with Atty.Gil Luisito Capito
(Atty.Capito) relative to her possible claim for support against her husband.
However, after the consultation, Atty. Capito stated that it is impossible to claim
for support, thus he did not proceed to do any legal action on the matter.

Thereafter, Atty. Capito called Mrs. Lee and asked her if he can come to
her house and stay there for just two weeks to which Mrs. Lee consented.
However, his stay was prolonged for a month. He told Mrs. Lee that he will pay
for the board and lodging. But Atty. Capito never paid Mrs. Lee. Further, Atty.
Capito began to borrow money from Mrs. Lee which allegedly amounted to P16,
000. Despite the repeated promise to return the borrowed sum of money
immediately, Atty. Capito never paid Mrs. Lee.

For several times, Mrs. Lee called Atty. Capito in his office to demand
payment but to no avail. Finally, Mrs. Lee together with her daughter Samantha
went to the office of Atty. Capito, but still he failed to pay and instead humiliated
Mrs.Milagros in the presence of several others.

ISSUE:

Whether or not Atty. Gil Luisito R. Capito is liable for gross discourtesy

HELD:

Petition GRANTED.

The Court finds that the respondent is indeed guilty of gross discourtesy
amounting to conduct unbecoming of a court employee. By such violation,
respondent failed to live up to his oath of office as member of the Integrated Bar
of the Philippines and violated Rule 7.03 of the Code of Professional
Responsibility.

The Court has consistently been reminding officials and employees of the
judiciary that their conduct or behavior is circumscribed with a heavy burden
which, at all times be characterized by, among other things, strict propriety and
decorum. As such, they should not use abusive, offensive, scandalous,
menacing and improper language. Their every act or word should be marked by
prudence, restraint, courtesy and dignity.

Gross discourtesy in the course of the official duties is classified as less


grave offense under the Revised Uniform Rules on Administrative Cases in the
Civil Service, punishable with suspension for one month and one day to six
months for the first offense and dismissal for the second offense.