A.C. No. 13757 - ABIGAIL SUMEG-ANG CHANGAT* DARWIN DEL ROSARIO, AND PAULINE SUMEG-ANG, COMPLAINANTS, VS. ATTY. VERA JOY BAN-EG.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Court finds respondent guilty of serious misconduct, violating Canon II, Sections 1 and 2 of the CPRA. On the other hand, the IBP-CBD held that the complainants failed to substantially prove allegation of respondent's act of misrepresentation regarding Abundance being a registered investment house and her capacity to operate the same. According to the IBP-CBD, the certification issued by the SEC was insufficient to prove their allegations. Contrary to the IBP-CBD's findings, the Court finds that complainants were able to substantially prove respondent's act of misrepresentation. As earlier stated, Canon II, Section 1 of the CPRA obligates lawyers not to engage in unlawful, dishonest, immoral, or deceitful conduct . The Court had previously ruled that to be "dishonest" means a person's "disposition to lie, cheat, defraud or betray; be untrustworthy; lacking in integrity, honesty, probity, integrity in principle, fairness and straightforwardness." [51] On the other hand, to be "deceitful" means "the proclivity for fraudulent and deceptive misrepresentation, artifice or device that is used upon another who is ignorant of the true facts, to the prejudice and damage of the party imposed upon." [52] Hence, the person must have knowledge of the falsity, especially if the parties are not on equal terms, and was done with the intent that the aggrieved party act thereon, and the latter indeed acted in reliance of the false statement or deed in the manner contemplated to his injury. [53] In relation to the Court's ruling on what amounts to dishonesty and deceitfulness, Canon II, Section 11 of the CPRA obligates any lawyer from not making false representations. The failure to do so renders a lawyer administratively liable and subject to the discipline of the Court, to wit: SECTION 11. False representations or statements; duty to correct. A lawyer shall not make false representations or statements. A lawyer shall be liable for any material damage caused by such false representations or statements. In Pacao v. Atty. Limos , [54] the Court En Banc held that respondent was guilty of misrepresentation and deceit when respondent misrepresented that she was duly authorized by a corporation to act on its behalf. [55] In Lizaso v. Atty. Amante , [56] the Court En Banc found respondent to have acted in deceitful and immoral conduct when respondent failed to account and return the money delivered to him for investment purposes by the complainant. In that case, respondent employed a scheme where he was able to entice the complainant from investing in a venture as the same would guarantee an interest of daily profits. Respondent's failure to return the amounts given by the complainant compelled the Court to make a conclusion that respondent controverted complainant's monies to his personal uses. Accordingly, the Court imposed the penalty of an indefinite suspension against respondent therein. [57] In Aca v. Atty. Salvado , [58] the Court En Banc held t