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    Spouses Anaya vs. Atty. Alvarez

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    Jyc Els
    Atty. Alvarez prepared deeds for properties sold by Spouses Anaya. He asked for cash in exchange for checks from his bank account, assuring the checks would clear. However, the checks were dishonored as his bank account was closed. Spouses Anaya demanded payment multiple times but Atty. Alvarez did not pay. He claimed the cash was a loan but the court found he violated the Code of Professional Responsibility by issuing checks with insufficient funds and failing to pay his debt, undermining public trust in lawyers.

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    Spouses Anaya vs. Atty. Alvarez

    Uploaded by

    Jyc Els
    25 views2 pages
    Atty. Alvarez prepared deeds for properties sold by Spouses Anaya. He asked for cash in exchange for checks from his bank account, assuring the checks would clear. However, the checks were dishonored as his bank account was closed. Spouses Anaya demanded payment multiple times but Atty. Alvarez did not pay. He claimed the cash was a loan but the court found he violated the Code of Professional Responsibility by issuing checks with insufficient funds and failing to pay his debt, undermining public trust in lawyers.

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    Atty. Alvarez prepared deeds for properties sold by Spouses Anaya. He asked for cash in exchange for checks from his bank account, assuring the checks would clear. However, the checks were dishonored as his bank account was closed. Spouses Anaya demanded payment multiple times but Atty. Alvarez did not pay. He claimed the cash was a loan but the court found he violated the Code of Professional Responsibility by issuing checks with insufficient funds and failing to pay his debt, undermining public trust in lawyers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views2 pages

    Spouses Anaya vs. Atty. Alvarez

    Uploaded by

    Jyc Els
    Atty. Alvarez prepared deeds for properties sold by Spouses Anaya. He asked for cash in exchange for checks from his bank account, assuring the checks would clear. However, the checks were dishonored as his bank account was closed. Spouses Anaya demanded payment multiple times but Atty. Alvarez did not pay. He claimed the cash was a loan but the court found he violated the Code of Professional Responsibility by issuing checks with insufficient funds and failing to pay his debt, undermining public trust in lawyers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    A.C. No.

    9436

    SPOUSES NUNILO and NEMIA ANAYA


    vs.
    ATTY. JOSE B. ALVAREZ, JR.

    Facts:

    Spouses Anaya alleged that: (1) Atty. Alvarez prepared and notarized the deeds of sale of
    the three (3) properties they sold; (2) Atty. Alvarez asked them for cash in exchange for
    his four (4) Allied Bank checks with the assurance that the checks would be honored
    upon presentment to the drawee bank once they fell due as they would be fully funded
    on due date; (3) they eventually agreed to give cash to Atty. Alvarez in exchange for the said
    checks relying on his assurance and professional stature;

    However, the said checks, were dishonored by the drawee bank by reason ACCOUNT
    CLOSED; (6) they made repeated verbal and written demands on Atty. Alvarez but these
    remained unheeded; and (7) after receipt of the second demand letter, Atty. Alvarez went
    to spouses Anaya and offered the amount of P20,000.00 as partial payment but they
    refused to accept the same as they wanted the return of the full amount due.

    Atty. Alvarez admitted his obligation but claimed that the cash he obtained from spouses Anaya
    was a simple loan with an interest of two percent (2%) per month and that, at the very outset,
    they knew that the checks were issued mainly as a collateral for the loan and that the checks
    were not funded. He asserted that he had no intention of defrauding them and, in fact, he went
    to their residence and offered to pay the loan at P20,000.00 plus 2% interest a month but his
    request was not granted. Atty. Alvarez reiterated his request to settle his obligation on a monthly
    basis plus the 2% monthly interest.
    Issue: Whether or not Atty. Alvarez violated the Code of Professional Responsibility.
    Ruling: YES.
    The IBP-CBD found that Atty. Alvarez violated Rule 16.04 of the Code of Professional
    Responsibility (CPR) and recommended that he be reprimanded and be reminded to settle and
    pay his obligation to spouses Anaya.
    The Court reiterated that the practice of law is a privilege granted only to those who possess the
    strict intellectual and moral qualification required of a lawyer. 9 As vanguards of our legal
    system, they are expected to maintain not only legal proficiency but also a high standard of
    morality, honesty, integrity, and fair dealing. Their conduct must always reflect the values and
    norms of the legal profession as embodied in the CPR.
    Time and again, this Court has repeatedly held that the act of a lawyer in issuing a check
    without sufficient funds to cover them or, worst, drawn against a closed account, constitutes
    willful dishonesty and unethical conduct that undermines the public confidence in the law and
    the members of the bar. It shows a lawyer's low regard to his commitment to the Oath, which he
    swore to uphold and respect when he joined the legal profession.
    Atty. Alvarez's failure to pay his debts despite several demands, and his act of
    issuing numerous checks which were dishonored for having been drawn against a
    closed account, puts his moral character in serious doubt. It demonstrates his lack
    of reverence to the lawyer's oath, and seriously and irreparably tarnished the image
    of the profession he promised to hold in high esteem. 

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