FACTS: This is a case of a lawyer who borrowed money
without paying it back. Atty. Erlinda Abalos obtained a loan of P20,000.00 from
Priscila Toledo, payable within six months from date, plus interest of 5% per
month. Respondent executed a Promissory Note to guarantee the payment of said
obligation. Respondent failed to pay her obligation despite repeated demands of
the complainant. Ms.Toledo sought the help of the Integrated Bar of the
Philippines (IBP), which referred the matter to the Commission on Bar
Discipline. Although, the respondent received an order from the Commission, she
did not do anything about it. The Commission passed a resolution recommending
the suspension from the practice of law of respondent for a period of six
months “for her flouting resistance to lawful orders of the Court and
illustrating her despiciency of her oath of office as a lawyer.”
ISSUE:
Whether or not IBP has jurisdiction to suspend Atty. Abalos.
HELD:
YES. The general rule is that a lawyer may not be suspended or disbarred, and
the court may not ordinarily assume jurisdiction to discipline him, for
misconduct in his non-professional or private capacity. The recommendation to
suspend respondent from the practice of law for six months to be grossly
disproportionate to the act complained of , i.e., her failure to appear
before the Commission on Bar Discipline of the IBP. IBP does not ignore the
fact that by virtue of one’s membership in the IBP, a lawyer thus submits
himself to the disciplinary authority of the organization. It was, however,
still necessary for respondent to acknowledge the orders of the Commission in
deference to its authority over her as a member of the IBP. Her wanton disregard of its lawful orders
subjects her to disciplinary sanction.
WHEREFORE,
respondent Atty. Erlinda Abalos is hereby SUSPENDED from the practice of law
for a period of ONE MONTH from the date of the finality of this Resolution.
