The Supreme Court held that Atty. William F. Delos Santos is guilty of gross misconduct for violating the Lawyer’s Oath and the Code of Professional Responsibility. He deliberately misled a client, Norma F. Flores, by falsely promising to bribe justices for a favorable ruling in her son’s case, accepted money for this illegal purpose, and failed to fulfill his professional duties. As a result, the Court ordered his disbarment, underscoring the importance of honesty and integrity within the legal profession and safeguarding the public’s trust in the judicial system.

Justice for Sale? An Attorney’s Betrayal of Trust

This case arose from a complaint filed by Norma F. Flores and Mark Sherwin F. Flores against Atty. William F. Delos Santos. Mark was convicted of drug offenses, and Norma sought Atty. Delos Santos’ services to appeal the conviction. She alleges that Atty. Delos Santos not only failed to properly represent her son but also induced her to pay him P160,000 to bribe justices of the Court of Appeals, a promise he failed to deliver on. This matter eventually reached the Supreme Court, which was tasked to determine whether Atty. Delos Santos’ actions constituted gross misconduct warranting disbarment.

The Supreme Court began its analysis by noting Atty. Delos Santos’ failure to respond to the initial complaint and subsequent notices from the Court and the Integrated Bar of the Philippines (IBP). The Court stated that:

At the incipience, Atty. Delos Santos’ failure to comply with the Notice dated November 16, 2016, of this Court, which required him to comment on the Complaint, lends credence to the averments therein and manifests his tacit admission of the same.

This silence was interpreted as a tacit admission of the allegations against him, which undermined his defense. An important aspect to note is that an attorney’s failure to respond to directives from the Supreme Court can be construed against them, indicating a lack of respect for the legal process and the authority of the Court.

The Court then delved into the substance of the complaint, finding that Atty. Delos Santos had indeed engaged in gross misconduct. The Court defined gross misconduct as:

‘improper or wrong conduct, the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies a wrongful intent and not a mere error in judgment.’

This definition highlights the seriousness of the actions that can lead to disciplinary measures against a lawyer. The Court emphasized that lawyers are officers of the court who must uphold justice and act honestly, which is why engaging in activities that defy the law or erode confidence in the legal system cannot be tolerated. In this case, the Court found substantial evidence, including Norma’s affidavit and bank deposit slips, supporting her claim that she deposited P160,000 into the account of Atty. Delos Santos’ wife.

Atty. Delos Santos argued that the amount was for attorney’s fees, but the Court rejected this assertion. The Court emphasized that a simple denial without strong supporting evidence is a weak defense.

After all, well-ensconced is the rule that ‘[d]enial is an intrinsically weak defense. To merit credibility, it must be buttressed by strong evidence of non-culpability. If unsubstantiated by clear and convincing evidence [as in this case] it is negative and self-serving, x x x.’

The Court found that Atty. Delos Santos exploited Norma’s desperation, misled her into believing he could bribe justices, and thereby damaged the integrity of the legal system. Such actions are a direct violation of the Code of Professional Responsibility, particularly Canon 1, which requires lawyers to uphold the law and promote respect for legal processes, and Canon 10, which demands candor and fairness to the court. Moreover, his actions violated Canon 13 and Rules 15.05, 15.06 and 15.07 which state that:

CANON 13. – A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence or gives the appearance of influencing the court.

CANON 15. – A lawyer shall observe candor, fairness, and loyalty in all his dealings and transactions with his clients.

Rule 15.05. – A lawyer, when advising his client, shall give a candid and honest opinion on the merits and probable results of the client’s case, neither overstating nor understating the prospects of the case.

Rule 15.06. – A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body.

Rule 15.07. – A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

The Court also noted Atty. Delos Santos’ negligence in handling Mark’s case, as he failed to update his client on the status of the appeal and did not file an Appellant’s Reply Brief. This negligence, combined with the dishonesty, painted a clear picture of an attorney who had failed to meet the ethical standards of the legal profession.

Considering the gravity of the misconduct and the fact that Atty. Delos Santos had previously been suspended, the Supreme Court determined that disbarment was the appropriate penalty. The Court referenced Section 27, Rule 138 of the Rules of Court, which allows for disbarment or suspension for deceitful acts, gross misconduct, or violation of the lawyer’s oath. The Court emphasized that while it generally prefers a lesser penalty, disbarment is warranted when a lawyer is a repeat offender and has demonstrated a persistent disregard for ethical standards. The High Court said:

While it is settled that the Court will not disbar a lawyer where a lesser penalty will suffice to accomplish the desired end, the Court does not hesitate to impose the penalty of disbarment when the guilty party has become a repeat offender.

Additionally, the Court ordered Atty. Delos Santos to return the P160,000 to Norma and Mark, with legal interest of six percent (6%) per annum from the date of the decision until full satisfaction, aligning with the principle that those who are unjustly enriched should make restitution. By ordering the return of the money, the court sought to make the complainants whole and prevent the respondent from benefiting from his misconduct.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Delos Santos engaged in gross misconduct by misleading his client into paying a bribe to influence the Court of Appeals’ decision, and whether this warranted his disbarment.
What did Atty. Delos Santos allegedly do?	Atty. Delos Santos allegedly convinced his client, Norma F. Flores, to pay him P160,000 to bribe justices of the Court of Appeals to rule in favor of her son’s appeal, a promise he failed to fulfill.
What was the Court’s basis for disbarring Atty. Delos Santos?	The Court found that Atty. Delos Santos engaged in dishonest conduct, exploited his client’s vulnerability, and damaged the integrity of the legal system, violating the Code of Professional Responsibility and the Lawyer’s Oath.
What is gross misconduct in the context of legal ethics?	Gross misconduct involves improper or wrongful behavior that violates established rules, duties, and demonstrates a willful intent, showing unfitness for the legal profession.
Why did the Court consider Atty. Delos Santos’ prior suspension?	The Court considered the prior suspension as an aggravating circumstance, indicating a pattern of misconduct and a failure to reform his behavior.
What is the significance of failing to respond to court notices?	Failing to respond to court notices can be interpreted as a tacit admission of the allegations and demonstrates disrespect for the legal process and the authority of the Court.
What is the standard of proof in attorney disciplinary cases?	The standard of proof is substantial evidence, which means relevant evidence that a reasonable mind might accept as adequate to justify a conclusion.
What other penalties were imposed on Atty. Delos Santos?	In addition to disbarment, Atty. Delos Santos was ordered to return the P160,000 to Norma and Mark Flores, with legal interest of six percent (6%) per annum from the date of the decision until full satisfaction.

This case serves as a stark reminder of the ethical obligations of lawyers and the severe consequences of violating the trust placed in them. The Supreme Court’s decision underscores the importance of maintaining the integrity of the legal system and protecting the public from unscrupulous practitioners.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: NORMA F. FLORES AND MARK SHERWIN F. FLORES, COMPLAINANTS, VS. ATTY. WILLIAM F. DELOS SANTOS, RESPONDENT., A.C. No. 11495, February 21, 2023