Cambaliza v. Cristal-Tenorio

FACTS: Cambaliza, a former employee of respondent Atty. Cristal-Tenorio in her law office, charged the latter with deceit, grossly immoral conduct, and malpractice or other gross misconduct in office. 

On deceit, the complainant alleged that the respondent has been falsely representing herself to be married to Felicisimo R. Tenorio, Jr., who has a prior and subsisting marriage with another woman. As to grossly immoral conduct, the complainant alleged that the respondent caused the dissemination to the public of a libelous affidavit derogatory to Makati City Councilor Jacome. The respondent would often openly and sarcastically declare to the complainant and her co-employees the alleged immorality of Councilor Jacome. On malpractice or other gross misconduct in office, the complainant alleged that the respondent (1) cooperated in the illegal practice of law by her husband, who is not a member of the Philippine Bar; (2) converted her client's money to her own use and benefit, which led to the filing of an estafa case against her; and (3) threatened the complainant and her family with the statement "Isang bala ka lang" to deter them from divulging respondent's illegal activities and transactions.

ISSUE: Whether respondent is guilty of deceit, grossly immoral conduct, and malpractice or other gross misconduct in office. NO

HELD: The Court agrees with the findings of IBP with modifications. The IBP correctly found that the charges of deceit and grossly immoral conduct were not substantiated. In disbarment proceedings, the complainant has the burden of proving his case by convincing evidence. With respect to the estafa case which is the basis for the charge of malpractice or other gross misconduct in office, the respondent is not yet convicted thereof.

However, the respondent is guilty of assisting in the unauthorized practice of law. A lawyer who allows a non-member of the Bar to misrepresent himself as a lawyer and to practice law is guilty of violating Canon 9 and Rule 9.01 of the CPR. In this case, Felicisimo R. Tenorio, Jr., is not a lawyer, but he holds himself out as one. His wife, the respondent herein, abetted and aided him in the unauthorized practice of the legal profession.

DISPOSITIVE PORTION: WHEREFORE, for culpable violation of Canon 9 and Rule 9.01 of the Code of Professional Responsibility, respondent Atty. Ana Luz B. Cristal-Tenorio is hereby SUSPENDED from the practice of law for a period of 6 months effective immediately, with a warning that a repetition of the same or similar act in the future will be dealt with more severely.