EN BANC

A.C. No. 12318 (Formerly CBD Case No. 16-4972), October 15, 2019

ATTY. FRANCIS V. GUSTILO, COMPLAINANT, V. ATTY. ESTEFANO H. DE LA

CRUZ, RESPONDENT

DECISION

PER CURIAM:

This administrative case stems from the complaint-affidavit filed by Atty. Francis V.
Gustilo (complainant) in the Commission on Bar Discipline (CBD) of the Integrated
Bar of the Philippines (IBP) seeking to disbar Atty. Estefano H. De La Cruz
(respondent) for his non-compliance with the requirements of the Mandatory
Continuing Legal Education (MCLE) program, and for knowingly using a false MCLE
compliance number in his pleadings.1

Antecedents

The respective versions of the parties as summarized by the CBD-IBP are as

follows:

STATEMENT OF THE COMPLAINT:

Complainant alleges that Respondent is the lawyer for Spouses Melchor and Malyn
Macian, who were the respondents in an ejectment case filed by Complainant's
clients. During the trial of the case before the Metropolitan Trial Court in Makati,
Respondent allegedly used a non-existent MCLE Compliance number (IV-001565).
On appeal of the ejectment case, Respondent allegedly used again a fictitious MCLE
Compliance number when he filed a Memorandum of Appeal.

Further, Complainant alleges that the Respondent used MCLE Compliance IV

Number 001565 and that, in reality, Respondent used the number assigned to Atty.
Ariel Osabel Labra who was issued MCLE Compliance No. 0015654.

To prove the charge, Complainant attached a Certification from the MCLE Office
certifying that ATTY. ESTEPANO HILVANO DELA CRUZ has no
compliance/exemption for the Second Compliance, Third Compliance Period, Fourth
Compliance Period, and Fifth Compliance Period. He also attached copies of the
pages (showing Respondent's MCLE Compliance number as 001565) of a
Manifestation and Compliance and Memorandum on Appeal. Lastly, Complainant
attached a copy of a Manifestation and Motion filed by Respondent where
Respondent indicated his MCLE Number as 001565.

xxxx
 RESPONDENT'S DEFENSES:

xxxx

Respondent [claimed] that he is possibly exempted from the MCLE requirements.

He explains that Section 5 of B.M. No. 850, October 2, 2001, cites the following as
exempted from the MCLE requirement: a. The Executive - x xx Chief State IBP
Investigating Commissioner, and Assistant Secretaries of the Department of
Justice; x xx f. Local Government - Governors and mayor [x] x x" because he
served as Assistant City IBP Investigating Commission of the Office of the City IBP
Investigating Commissioner for Makati City, National Prosecution Service of the
Department of Justice and retired from government service on July 18,2015, he
may file a request for exemption from compliance.2

IBP's Report and Recommendation

In his Report and Recommendation,3 the Investigating Commissioner of the CBD

found that the respondent had falsely indicated a non-existent MCLE compliance
number on more than one occasion when he filed his pleadings in the ejectment
case, thereby committing an evident violation of Canon 1, Canon 7, and Canon 10
of the Code of Professional Responsibility; and recommended his suspension from
the practice of law for one year.4

The Investigating Commissioner observed that not only did the respondent not
disclose the required MCLE information in his pleadings but he also knowingly
violated the MCLE requirements by not attending the second to fifth compliance
periods, and by indicating a false MCLE compliance number to make it appear that
he had been MCLE compliant.5

On December 7, 2017, the IBP Board of Governors adopted and approved the
Investigating Commissioner's Report and Recommendation.6

Issue

Is the respondent guilty of violating Canon 1, Canon 7 and Canon 10 of the Code of
Professional Responsibility when he: (1) used a non-existent MCLE compliance
number in the pleadings that he filed; and (2) failed to submit proof of his
compliance for the second, third, fourth and fifth compliance periods?

Ruling of the Court

The Court affirms the findings of the Investigating Commissioner of the CBD as
adopted and approved by the IBP Board of Governors, but modifies the
recommended penalty.

Bar Matter No. 1922 (entitled Re: Recommendation of the Mandatory Continuing
Legal Education (MCLE) Board to Indicate in All Pleadings Filed with the Courts the
Counsel's MCLE Certificate of Compliance and Certificate of Exemption), as
amended on January 14, 2014, expressly directs attorneys to indicate their MCLE
certificate of compliance or certificate of exemption in all the pleadings they file in
the courts. The requirement ensures that the practice of the law profession is
reserved only for those who have complied with the recognized mechanism for
"keep[ing] abreast with law and jurisprudence, maintain[ing] the ethics of the
profession, and enhanc[ing] the standards of the practice of law."7 "This
requirement is not a mere frivolity," according to Intestate Estate of Jose Uy v.
Maghari III:8

x x x To willfully disregard it is, thus, to willfully disregard mechanisms put in place

to facilitate integrity, competence, and credibility in legal practice; it is to betray
apathy for the ideals of the legal profession and demonstrates how one is wanting
of the standards for admission to and continuing inclusion in the bar. Worse, to not
only willfully disregard them but to feign compliance only, in truth, to make a
mockery of them reveals a dire, wretched, and utter lack of respect for the
profession that one brandishes.9

Under the circumstances, the Investigating Commissioner correctly found the

respondent to have acted in manifest bad faith, dishonesty, and deceit.10 The
respondent had willfully contravened the requirement under B.M. No. 1922 by
concealing his non-compliance with the use of the fictitious MCLE compliance
number in his pleadings in the ejectment case. He had not also met the MCLE
requirements corresponding to the second, third, fourth and fifth compliance
periods. His actuations were designed to mislead the courts, his client and his
colleagues in the profession, as well as all other persons who might have trusted in
his representation of his compliance.11

We note that the respondent did not refute the charge against him.12 Instead, he
misrepresented that he would be seeking his exemption from the requirement
based on his having served as Assistant City IBP Investigating Commissioner for
Makati City, his having worked in the National Prosecution Service of the
Department of Justice, and his having retired from government service on July 18,
2015. At best, his misrepresentations were another occasion for him to mislead, for
he did not thereby show any honest effort to explain or to justify his non-
compliance and concealment of his deficient status in the MCLE program. To be
sure, he did not present any certificate or other acceptable proof to substantiate his
proposed exemption.

The respondent was definitely guilty of violating Canon 1, Canon 7 and Canon 10 of
the Code of Professional Responsibility, which state:

CANON 1 — A lawyer shall uphold the constitution, obey the laws of the land and
promote respect for law and for legal processes.

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.
CANON 10 — A lawyer owes candor, fairness and good faith to the court.

Pursuant to B.M. No. 1922, as amended, any attorney who fails to indicate in the
pleadings filed in court the MCLE certificate of compliance or certificate of
exemption may be subject to appropriate penalty and disciplinary action, like a fine
of P2,000.00 for the first offense, P3,000.00 for the second offense, and P4,000.00
for the third offense; and, in addition to the fine, he may be listed as a delinquent
member of the Integrated Bar, pursuant to Section 2, Rule 13 of B.M. No. 850 and
its implementing rules and regulations; and he shall be discharged from the case
and the client/s shall be allowed to secure the services of a new attorney with the
concomitant right to demand the return of fees already paid to the noncompliant
attorney.

The severity of the penalty imposed on non-compliant attorneys depends on the

circumstances obtaining in the case. In Arnado v. Adaza,13 the respondent attorney
was suspended from the practice of law for a period of six months for non-
compliance with the MCLE requirements for the first, second, third, and fourth
compliance periods. In the cited ruling in Intestate Estate of Jose Uy v. Maghari
III,14 the penalty was suspension from the practice of law for two years for
deliberately using a false IBP official receipt number, professional tax receipt
number, Roll of Attorneys number, and MCLE compliance, and for using another
lawyer's details seven times. In Mapalad, Sr. v. Echanez,15 the attorney was
disbarred for using a false MCLE compliance number in his pleadings, and for
disobeying legal orders, taking into consideration that he had already been
sanctioned twice in other cases.

Herein, the IBP Board of Governors recommended the respondent's suspension

from the practice of law for one year. Yet, the recommendation was incompatible
with the grossness of the respondent's actuations which amounted to dishonesty
and deception. He had thereby committed not only a brazen disregard of the clear
requirements of B.M. No. 1922 but also deceived the trial court, his client, and the
general public, including his professional colleagues, on his status of good standing
in the Integrated Bar.

Taking all the circumstances herein into account, the Court declares that the proper
penalty to be imposed on the respondent is disbarment, take effect upon notice of
this decision. This extreme penalty is fully called for in view of the serious affront
that the respondent displayed towards the Supreme Court no less in disregarding
the objectives of the MCLE program adopted under B.M. No. 1922, and of the
cavalier foisting of his concealment on the courts, his clients and the public in
general, including his colleagues in the Integrated Bar. Disbarment is in accord with
Section 27, Rule 38 of the Rules of Court, which provides:

SEC. 27. Disbarment or suspension of attorneys by Supreme Court; grounds

therefor. — A member of the bar may be disbarred or suspended from his office as
attorney by the Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, x x x or for any violation of the oath which he is
required to take before admission to practice. x x x (Bold underscoring supplied for
emphasis)

The actuations of the respondent deserved to be severely punished in order to

foster respect towards the Supreme Court, and to enhance fealty to the Rule of
Law. He made himself totally unworthy of the title of attorney and of the privilege
and standing of a member of the law profession in this country. We should be
intolerant of his kind, for we have no place for individuals like him who openly
abuse the privilege of membership in the law profession for all the devious and
dubious reasons. Although they may escape notice at times, we must keep on
reminding him and all others similarly disposed that the time for reckoning may be
long in coming at times but it will be decisive and unforgiving when it does. This,
because all members of the Philippine Bar shall remain as such only when they
genuinely and sincerely value good conduct and ethical behavior. As we noted
in Barrios v. Martinez:16

Of all classes and professions, the lawyer is most sacredly bound to uphold the
laws. He is their sworn servant; and for him, of all men in the world, to repudiate
and override the laws, to trample them underfoot and to ignore the very bands of
society, argues recreancy to his position and office and sets a pernicious example to
the insubordinate and dangerous elements of the body politic.

WHEREFORE, the Court FINDS and DECLARES respondent ATTY. ESTEFANO H.

DE LA CRUZ to have violated Canon 1, Canon 7, and Canon 10 of the Code of
Professional Responsibility through his unlawful, dishonest, and deceitful
conduct; DISBARS him effective upon receipt of this decision; and ORDERS his
name to be stricken off the Roll of Attorneys.

Let a copy of this decision be attached to the respondent's personal records in the
Office of the Bar Confidant.

Furnish a copy of this decision to the Integrated Bar of the Philippines for its
information and guidance; and the Office of the Court Administrator for
dissemination to all courts of the Philippines.

SO ORDERED.

Bersamin (C.J.), Carpio, Peralta, Perlas-Bernabe, Leonen, Caguioa, A. Reyes, Jr.,

Gesmundo, Hernando, Carandang, Lazaro-Javier, Inting, and Zalameda, JJ., concur.
J. Reyes, Jr., J., on leave.