A.C. No. 14378 (Formerly CBD Case No. 23-6847) - ROAN AMOR DATOR-MILES, COMPLAINANT, VS. ATTY. VANESSA JOYCE I. MONGE. - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the IBP Board of Governors RESOLVED to MODIFY , as it is hereby MODIFIED , the Report and Recommendation of the Investigating Commissioner (IC) and to recommend instead to mete out upon Respondent Atty. Vanessa Joyce I. Monge the penalty of DISBARMENT ; RESOLVED FURTHER , to recommend that the respondent be directed to reimburse the complainant the amounts of Php 350,000.00, [USD] 37,250.00 and [USD] 726.00 within 30 days from receipt of the Supreme Court's decision in this case . [31] Ruling The Court adopts the factual findings and conclusions of law of the IBP BOG but modifies the penalty. At the outset, the violations imputed to Atty. Monge were committed before the CPRA took effect on May 29, 2023. Nevertheless, its transitory provision expressly ordains its retroactive application, viz.: Section 1. Transitory Provision. The CPRA shall be applied to all pending and future cases, except to the extent that in the opinion of the Supreme Court, its retroactive application would not be feasible or work injustice, in which case the procedure under which the cases were filed shall govern. Relatedly, since the language and import of Canon 1, Rule 1.01 of the CPR was incorporated into the CPRA, the latter's application to the present case should no longer be an issue. Atty. Monge is guilty of violation of Canon II of the CPRA Membership in the Bar is a privilege burdened with conditions. As a privilege bestowed by law through the Supreme Court, membership in the Bar may be withdrawn where circumstances concretely show the lawyer's lack of essential qualifications, [32] including honesty, fidelity, and integrity. Indeed, these traits are not only a condition precedent for admission to the legal profession but must also remain intact to maintain one's standing in this exclusive and honored society. A high sense of honesty and fair dealing is expected and required of members of the Bar. They must conduct themselves with great propriety, and their behavior must be beyond reproach anywhere and at all times. [33] The Court has often emphasized: [The] [l]aw is a noble profession, and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically and, equally important, morally. Because they are vanguards of the law and the legal system, lawyers must at all times conduct themselves, especially in their dealings with their clients and the public at large, with honesty and integrity in a manner beyond reproach . [34] (Emphasis supplied) On this score, the Court finds that Atty. Monge fell short of the high standards of morality and integrity expected of members of the Bar. Her brazen deception and utter disregard of her obligations cast dishonorable light on the supposed dignified and noble profession she represents, for which, she must be held accountable. [35] Canon II of the CPRA reads: CANON II Propriety A lawyer shall, at all times, act with propriety and maintain the appea