A.C. No. 12452 - MICHAEL M. LAPITAN, COMPLAINANT, VS. ATTY. ELPIDIO S. SALGADO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the IBP-CBD also noted the change of address of Salgado and sent several notices to Salgado's new address. However, Salgado refused to participate in the IBP-CBD proceedings. [27] The IBP-CBD ruled that Lapitan has proven his case by overwhelming evidence that Salgado committed the crimes of Estafa and violation of Batas Pambansa Blg. 22. Salgado committed deceit and fraud by making it appear that he forgot to bring cash during the NREA event when truly Salgado had no intention to pay the contracted amount. [28] The IBP-CBD held that because Salgado remained a fugitive of justice and disregarded the notices of the IBP-CBD, Salgado did not present any evidence to refute any of the allegations of Lapitan. Moreover, Salgado's absence clearly shows Salgado's lack of respect for the legal processes of courts. [29] The IBP-CBD held that good moral character is not only a condition precedent to enter the legal profession but it must also remain extant in order to maintain one's good standing in the exercise of the duties of a lawyer. In the case, Salgado engaged in grossly dishonest conduct and disrespected all rules in respect to judicial processes. The IBP-CBD ruled that irrespective of the final outcome of the criminal cases against Salgado, Salgado's violation of the code of professional responsibility has been proven by overwhelming evidence. [30] The IBP-CBD recommended the disbarment of Salgado and that Salgado's name be stricken from the Roll of Attorneys. The IBP-CBD Report and Recommendation provides: WHEREFORE, It is hereby recommended that Respondent ATTY. ELPIDIO S. SALGADO be DISBARRED and that his name stricken from the Roll of Attorneys. RESPECTFULLY SUBMITTED. [31] The Ruling of the IBP Board of Governors In a Resolution [32] dated 19 May 2018, the IBP Board of Governors adopted the Report and Recommendation of the IBP-CBD in imposing the penalty of disbarment against Salgado. The Resolution provides: RESOLVED to ADOPT the findings of fact and recommendation of the Investigating Commissioner imposing the penalty of DISBARMENT upon the Respondent Atty. Elpidio S. Salgado, and that his name be stricken off from the Roll of Attorneys. [33] On 31 January 2019, the IBP-CBD transmitted the records of the case to the Court. [34] Issue Whether Salgado is guilty of violating the Code of Professional Responsibility. The Court's Ruling The Court resolves to adopt the recommendation of the IBP Board of Governors. The Court imposes the penalty of disbarment on Salgado. In his Complaint, Lapitan alleged that Salgado engaged in unlawful and deceitful conduct and violated Canon 1, Rule 1.01, 1.02, Canon 7 and Rule 7.03 of the Code of Professional Responsibility, to wit: CANON 1 A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes. RULE 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. RULE 1.02 A lawyer shall not counsel or abet activities