Reflection Paper on the Case of

DIO TIONG VS ATTY. GEORGE FLORENDO, A.C. NO. 4428 , DECEMBER

12, 2011

The pertinent provisions in the Code of Professional Responsibility

provides in Canon 17 that a lawyer owes fidelity to the cause of his client and
he shall be mindful of the trust and confidence reposed in him.
In the case of DIO TIONG VS ATTY. GEORGE FLORENDO, Atty. George
Florendo has been serving as the lawyer of spouses Elpidio and Ma. Elena
Tiong. Elpidio, a US citizen is often times away. For two years, he suspected
that his wife and Atty. Florendo were having an affair. Finally in 1995, he was
able to listen to a telephone conversation where he heard Atty. Florendo
mention amorous words to Ma. Elena. Atty. Florendo confronted the two and
both eventually admitted to their illicit relationship. Atty. Florendo and Ma.
Elena then executed and signed an affidavit, which was later notarized, stating
that they admit of their illicit relationship; that they are seeking the forgiveness
of their respective spouse. Elpidio forgave Florendo and Ma. Elena. But
nevertheless, Elpidio filed a disbarment case against Florendo. Florendo said
he can no longer be sanctioned because he was already pardoned. The issue
which arose from this case was that whether or not Atty. Florendo is correct in
his contention. It was held by the Supreme Court A petition for suspension or
disbarment of a lawyer is a sui generis case. This class of cases is meant to
protect the public and the courts of undesirable members of the legal
profession. As such, pardon by the offended party of the act complained of does
not operate to offset the ground for disbarment or suspension. Atty. Florendo’s
illicit relationship with Ma. Elena amounts to a disgraceful and grossly
immoral conduct warranting disciplinary action. Section 27, Rule 138 of the
Rules of Court provides that an attorney may be disbarred or suspended from
his office for any deceit, malpractice, or other gross misconduct in office,
grossly immoral conduct, among others. It cannot be also said, as he claims,
that their relationship is merely a moment of indiscretion considering that their
affair went on for more than two years. Florendo was suspended for 6 months
by the final judgment of the court.
A lawyer must act either as adviser or advocate for the client. Florendo’s
act of having an affair with his client’s wife manifested his disrespect for the
laws on the sanctity of marriage and his own marital vow of fidelity. It showed
his utmost moral depravity and low regard for the ethics of his profession. He
violated the trust reposed upon him by his client (Canon 17, Code of
Professional Responsibility). The purpose of Canon is to protect public interest,
to serve the ends of justice, to do honor to the bar and help maintain the
respect of the community to the legal profession. As a