Well entrenched in this jurisdiction is the rule that a lawyer may be disciplined for misconduct committed either in his professional or private capacity. The test is whether his conduct shows him to be wanting in moral character, honesty, probity, and good demeanor, or whether it renders him unworthy to continue as an officer of the court.[13] Verily, Canon 7 of theCode of Professional Responsibility mandates all lawyers to uphold at all times the dignity and integrity of the legal profession. Lawyers are similarly required, under Rule 1.01, Canon 1 of the same Code, not to engage in any unlawful, dishonest and immoral or deceitful conduct.
Here, respondent’s actions clearly show that she deceived complainant into lending money to her through the use of documents and false representations and taking advantage of her education and complainant’s ignorance in legal matters. As manifested by complainant, he would have never granted the loan to respondent were it not for respondent’s misrepresentation that she was authorized to sell the property and if respondent had not led him to believe that he could register the “open” deed of sale if she fails to pay the loan.[14] By her misdeed, respondent has eroded not only complainant’s perception of the legal profession but the public’s perception as well. Her actions constitute gross misconduct for which she may be disciplined, following Section 27, Rule 138 of the Revised Rules of Court, as amended, which provides:
SEC. 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor. — A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before the admission to practice, or for a wilful disobedience appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.
x x x x
We further note that after filing a Motion for Extension of Time to File a Responsive Pleading, respondent wantonly disregarded the lawful orders of the IBP-CBD to file her answer and to appear for the mandatory conferences despite due notice. Respondent should bear in mind that she must acknowledge the orders of the IBP-CBD in deference to its authority over her as a member of the IBP.[15]
Complainant now asks that respondent be disbarred. We find, however, that suspension from the practice of law is sufficient to discipline respondent. It is worth stressing that the power to disbar must be exercised with great caution. Disbarment will be imposed as a penalty only in a clear case of misconduct that seriously affects the standing and the character of the lawyer as an officer of the court and a member of the bar. Where any lesser penalty can accomplish the end desired, disbarment should not be decreed.[16] In this case, the Court finds the penalty of suspension more appropriate but finds the recommended penalty of suspension for one year too severe. Considering the circumstances of this case, the Court believes that a suspension of six months is sufficient. After all, suspension is not primarily intended as a punishment, but as a means to protect the public and the legal profession.[17]
WHEREFORE, respondent Atty. Haide B. Vista-Gumba is found administratively liable for grave misconduct. She is SUSPENDED from the practice of law for SIX (6) MONTHS, effective immediately, with a warning that a repetition of the same or a similar act will be dealt with more severely.
Let notice of this Resolution be spread in respondent’s record as an attorney in this Court, and notice thereof be served on the Integrated Bar of the
SO ORDERED."
