A.C. No. 8335 - AMALIA R. CENIZA, COMPLAINANT, VS. ATTY. ELISEO B. CENIZA, JR..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, PREMISES CONSIDERED, judgment is hereby rendered finding respondent ELISEO B. CENIZA guilty of Disgraceful and Immoral Conduct. The said respondent is hereby meted the penalty of SUSPENSION from the service for a period of SIX (6) MONTHS without pay with a stern warning that subsequent violations of similar nature will be dealt with a more severe penalty. [10] The respondent appealed to the Court of Appeals (CA), which upheld the decision of the Office of the Ombudsman. [11] Report and Recommendation of the IBP On October 7, 2010, Commissioner Salvador Hababag of the Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD), to which the complaint against the respondent had been referred for investigation, submitted his findings and recommended the dismissal of the complaint, opining that the respondent be cautioned to be more circumspect in his actuations to avoid the impression of committing immorality. Commissioner Hababag rendered the following observations, to wit: The issue is whether or not respondent is guilty of immorality in his relationship with Anna Fe Binoya. Immoral conduct has been defined as "that conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community. To be the basis of disciplinary action, the lawyer's conduct must not only be immoral, but grossly immoral. That is, it must be so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree or committed under such scandalous or revolting circumstances as to shock the common sense of decency. (Emma T. Dantes vs. Atty. Crispin Dantes A.C. No. 6486 September 22, 2004). Upon the other hand good moral character is a requirement not only upon one's application for admission but it is rather a continuing requirement even after admission for the enjoyment of the privilege to practice. Good moral character includes at least common honesty. (Boyong vs. Oblema, 7 SCRA 859). WHEREFORE, premises considered, it is most respectfully recommended that the administrative suit be dismissed but with WARNING to the respondent to be more circumspect in his actuation to avoid the impression of committing immorality. [12] On February 13, 2013, the IBP Board of Governors issued its Resolution No. XX-2013-148 adopting the recommendation of Commissioner Hababag, [13] to wit: RESOLVED to ADOPT and APPROVE as it is hereby unanimously ADOPTED and APPROVED, with modification, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution as Annex "A," and finding the recommendation fully supported by the evidence on record and the applicable laws and rules, the case is hereby DISMISSED. However, the Warning imposed against respondent is hereby ordered deleted. On February 26, 2014, the case was considered closed and terminated for failure of the complainant to seek a reconsideration or