LEGAL ETHICS Dianne Nicole L.

Ramos
DRAFT NO: 1

RUBEN A. ANDAYA v. ATTY. EMMANUEL ALADIN A. TUMANDA

A.C. No. 12209, 18 February 2020, (Hernando, J.)

DOCTRINE OF THE CASE

Lawyers, as guardians of the law, are mandated to obey and respect the laws of

the land and to uphold the integrity and dignity of the legal profession. They should at

all times, whether in their public of private life, “conduct themselves in a manner that

reflects the values and norms of the legal profession as embodied in the Code of

Professional Responsibility.” Thus, they should not engage in any unlawful, dishonest,

immoral, or deceitful conduct.

FACTS

In 2008, Atty. Tumanda borrowed P500,000.00 from complainant Andaya. In

exchange for the said amount, Atty. Tumanda issued a post-dated check. However,

when Andaya deposited the check with the bank, it was dishonored for the reason that

the account was closed. Thus, Andaya, though counsel, sent a demand letter to Atty.

Tumanda who then offered his Mercedez Benz as payment for the amount. He then

executed the Deed of Absolute Sale. However, he did not give the original Certificate of

Registration nor did he turn over the physical car to Andaya. Later on, Andaya found out

that Atty. Tumanda had sold the car to another party. Thus, Andaya filed for criminal

complaints for Estafa and violation of BP Blg. 22.

 Despite due notice, Atty. Tumanda failed to file an answer and to attend the

mandatory conference before the IBP. Hence, the IBP Investigating Commissioner

found Atty. Tumanda guilty of violating Canon 1 of the CPR and recommended that he

be suspended from the practice of law for 1 year.

The Board or Governors adopted the findings of the Investigating Commissioner

but modified the suspension to 3 years. This is due to the fact that Atty. Tumanda

repeatedly changed his address to evade his obligation and that he failed to answer and

participate in the proceedings of the case. This is an aggravating circumstance, which

warrants the imposition of a longer period of suspension.

ISSUE

Whether or not the Court adopts the recommendation of the IBP to increase the

respondent’s suspension to 3 years.

RULING

YES. Lawyers, as guardians of the law, are mandated to obey and respect the

laws of the land and to uphold the integrity and dignity of the legal profession. They

should at all times, whether in their public of private life, “conduct themselves in a

manner that reflects the values and norms of the legal profession as embodied in the

Code of Professional Responsibility.” Thus, they should not engage in any unlawful,

dishonest, immoral, or deceitful conduct.

The issuance of a worthless check is ground for disciplinary action, as it

constitutes gross misconduct. It indicates Atty. Tumanda’s unfitness for the trust and
confidence reposed upon him and his lack of honesty and good moral character

rendering him unworthy of public confidence.

The Court agrees with the IBP and the OBC that the penalty imposed should be

increased to 3 years due to the attendance of aggravating circumstances. First is that

Atty. Tumanda sold to another party the Mercedes Benz, which he previously sold to

Andaya as full payment for the loan obligation. Second is his deliberate failure to settle

his obligation despite repeated demands by using several addresses to avoid being

traces and to evade his obligation to complainant.

All these circumstances taken together justify the imposition upon Atty. Tumanda

of a 3-year suspension from the practice of law.