A.C. No. 12209 - RUBEN A. ANDAYA, COMPLAINANT, VS. ATTY. EMMANUEL ALADIN A. TUMANDA,[1].

Ruling

accordingly, executed a Deed of Absolute Sale [6] over the same in favor of complainant. Respondent, however, failed to give complainant the original copy pf the Certificate of Registration of the car on the pretext that he forgot to bring the same. Respondent likewise did not turn over the physical possession of the car because he allegedly still needed it for his business ventures. Complainant, however, later found out that respondent sold the same car to a certain John Edwin G. Felizardo. [7] Thus, complainant sent another demand letter to respondent, [8] and thereafter, filed criminal complaints for Estafa and violation of Batas Pambansa Blg. (BP) 22 against him. [9] Despite due notice, respondent failed to file an answer and to attend the mandatory conference before the IBP. In his August 26, 2015 Report and Recommendation, [10] the Investigating Commissioner of the IBP found respondent guilty of violating Canon 1 of the CPR for issuing a worthless check. Thus, the Investigating Commissioner recommended that respondent be suspended from the practice of law for a period of one (1) year with a stem warning that a repetition of the s me offense will be dealt with more severely. In its Notice of Resolution No. XXII-2016-245 dated March 17, 2016 [11] the Board of Governors (BOG) of the IBP adopted the findings of the Investigating Commissioner but modified the recommended penalty to suspension from the practice of law to three (3) years. The BOG further resolved to direct Director Ramon S. Esguerra of the CBD to prepare an extended resolution explaining the BOG's action of increasing the period of suspension. On December 15, 2016, Director Esguerra issued an Extended Resolution [12] explaining that respondent's acts of repeatedly changing his address to evade his obligation and of failing to answer and participate in the proceedings of the instant case are aggravating circumstances warranting the imposition of a longer period of suspension. On June 19, 2018, the Court noted the Resolution of the IBP and referred the case to the Office of the Bar Confidant (OBC) for evaluation, report, and recommendation within thirty (30) days from notice. [13] In its April 4, 2019 Report and Recommendation, [14] the OBC recommended the adoption of the Resolution of the IBP. The Court's Ruling The Court adopts the findings and recommendation of the IBP. Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the CPR state: CANON 1 A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. Rule 1.01 A Lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. CANON 7 A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. x x x x Rule 7.03 A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a scandalous manner to the di