Rayos-Ombac vs. Rayos

IRENE RAYOS-OMBAC vs. ATTY. ORLANDO A.
RAYOS
FACTS:
This is a disbarment case filed by Mrs. Irene Rayos-Ombac against her nephew,
Atty. Orlando A. Rayos, a legal practitioner in Metro Manila, for "his failure to adhere to
the standards of mental and moral fitness set up for members of the bar.
In January 1985, respondent induced complainant who was then 85 years old to
withdraw all her bank deposits and entrust them to him for safekeeping. Acting on
respondent's suggestion, complainant preterminated all her time deposits with the
Philippine National Bank and transferred them to UnionBank, where the respondent was
working. Complainant made the deposit under the name of respondent’s wife and in
trust for seven beneficiaries, including his son.
Upon maturity of the time deposit, complainant made a demand on respondent to
return the P588,000.00 plus interest but respondent could only return P400,000.00 to be
paid on installment. Complainant acceded to respondent's proposal as she was already
old and was in dire need of money.
On the same date, respondent and complainant executed a memorandum of
agreement stating that the money will be paid back in instalments through post-dated
checks.
Complainant was only able to encash the check for P64,800.00 as the others were
dishonoured for lack of funds.
On November 15, 1985, complainant filed a complaint for estafa against respondent
and a corresponding information was filed against him by the provincial fiscal.
On September 15, 1997, respondent filed with this Court a Motion to Lift
Suspension for Two Years, alleging that complainant has executed an affidavit
withdrawing the complaint for disbarment.
Issue:
Whether or not the respondent may be disbarred
Held: Yes.
Rule 1.01 of the Code of Professional Responsibility states:
"A lawyer shall not engage in unlawful, dishonest, immoral or deceitful

conduct."
Rule 1.03 of the same Code, on the other hand, provides:

"A lawyer shall not, for any corrupt motive or interest, encourage any suit
or proceeding or delay any man's cause."
Respondent violated the Code of Professional Responsibility, as well as his oath as

an attorney when he deceived his 85-year old aunt into entrusting to him all her money,
and later refused to return the same despite demand. Respondent's wicked deed was
aggravated by the series of unfounded suits he filed against complainant to compel her
to withdraw the disbarment case she filed against him. Indeed, respondent's deceitful
conduct makes him unworthy of membership in the legal profession. The nature of the
office of a lawyer requires that he shall be of good moral character. This qualification is
not only a condition precedent to admission to the legal profession, but its continued
possession is essential to maintain one's good standing in the profession.
The affidavit of withdrawal of the disbarment case allegedly executed by
complainant does not, in any way, exonerate the respondent. A case of suspension or
disbarment may proceed regardless of interest or lack of interest of the
complainant. What matters is whether, on the basis of the facts borne out by the record,
the charge of deceit and grossly immoral conduct has been duly proven. This rule is
premised on the nature of disciplinary proceedings. A proceeding for suspension or
disbarment is not in any sense a civil action where the complainant is a plaintiff and the
respondent lawyer is a defendant. Disciplinary proceedings involve no private interest
and afford no redress for private grievance. They are undertaken and prosecuted solely
for the public welfare. They are undertaken for the purpose of preserving courts of
justice from the official ministration of persons unfit to practice in them. The attorney is
called to answer to the court for his conduct as an officer of the court. The complainant
or the person who called the attention of the court to the attorney's alleged misconduct
is in no sense a party, and has generally no interest in the outcome except as all good
citizens may have in the proper administration of justice. Hence, if the evidence on
record warrants, the respondent may be suspended or disbarred despite the desistance
of complainant or his withdrawal of the charges. In the instant case, it has been
sufficiently proved that respondent has engaged in deceitful conduct, in violation of the
Code of Professional Responsibility.
Considering the depravity of respondent's offense, we find the penalty
recommended by the IBP to be too mild. Such offense calls for the severance of
respondent's privilege to practice law not only for two years, but for life.

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IRENE RAYOS-OMBAC vs. ATTY. ORLANDO A.

"A lawyer shall not engage in unlawful, dishonest, immoral or deceitful

Rule 1.03 of the same Code, on the other hand, provides:

Respondent violated the Code of Professional Responsibility, as well as his oath as

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