Synopsis/Syllabi

EN BANC

[A.C. No. 5141. September 29, 1999]

PRISCILA L. TOLEDO, complainant, ABALOS, respondent. RESOL

!ELO, J."

vs. ATTY.

ERLINDA

TION

This is a case of a lawyer who borrowed money without paying it back. On July ! " #"! Atty. Erlinda Abalos obtained a loan of $%&!&&&.&& from $riscila Toledo! payable within si' months from date! plus interest of () per month. To guarantee the payment of said obligation! respondent e'ecuted a $romissory Note *E'hibit +B,-. After the lapse of si' months! and despite repeated demands! respondent failed to pay her obligation. Afraid that she will not reco.er her money! /s.Toledo sought the help of the 0ntegrated Bar of the $hilippines *0B$-! which referred the matter to the Commission on Bar 1iscipline. On 2ebruary "! " (! the Commission issued an order directing Atty. Abalos to file her Answer to the letter3complaint of /s. Toledo. 1espite receipt of said order! respondent did not answer the complaint. On August "4! " (! 0n.estigating Commissioner Ben5amin B. Bernardino! issued an order setting the case for hearing on 6eptember % ! " ( at % p.m. 1espite due notice! respondent failed to appear. Accordingly! complainant was allowed to present her e.idence ex-parte after which! the case was considered submitted for resolution. 7espondent recei.ed this order as shown by the registry return. 8owe.er! she again did not do anything about it. On June " ! " ! the Commission passed a resolution recommending the suspension from the practice of law of respondent for a period of si' months +for her flouting resistance to lawful orders of the Court and illustrating her despiciency of her oath of office as a lawyer., The Commission! howe.er! declined to discipline her for failing to meet her financial obligation! the same ha.ing been incurred in her pri.ate capacity. 9e agree with the Commission that respondent may not be disciplined either by the 0B$ or by this Court for failing to pay her obligation to complainant. Complainant:s remedy is to file a collection case before a regular court of 5ustice against respondent. The general rule is that a lawyer may not be suspended or disbarred! and the court may not ordinarily assume 5urisdiction to discipline him! for misconduct in his non3professional or pri.ate capacity *0n re Pelaez! ;; $hil. (< =" %>?@ Lizaso vs. Amante! " # 6C7A " =" "?-.

9e! howe.er! find the recommendation to suspend respondent from the practice of law for si' months to be grossly disproportionate to the act complained of ! i.e.! her failure to appear before the Commission on Bar 1iscipline of the 0B$. 9ith her legal knowledge and e'pertise! respondent may ha.e known all along that the Commission has no 5urisdiction o.er a complaint for collection of a sum of money which she borrowed in her pri.ate capacity. 8ence! her adamant refusal to appear before said body. 9e do not! of course! ignore the fact that by .irtue of one:s membership in the 0B$! a lawyer thus submits himself to the disciplinary authority of the organiAation. 8owe.er! as the complaint lodged against the respondent in the case at hand did not pertain to an act that she committed in the e'ercise of her profession! the 0B$ need not assume 5urisdiction to discipline respondent. As the Commission on Bar 1iscipline correctly suggested! complainant:s remedy is to file the necessary collection case in court for her to reco.er the amount respondent owed her. 0t was! howe.er! still necessary for respondent to acknowledge the orders of the Commission in deference to its authority o.er her as a member of the 0B$. 8er wanton disregard of its lawful orders sub5ects her to disciplinary sanction. Thus! her suspension from the practice of law for one month is warranted. #$ERE%ORE! respondent Atty. Erlinda Abalos is hereby 6B6$EN1E1 from the practice of law for a period of ONE /ONT8 from the date of the finality of this 7esolution. Copies of this 7esolution shall be furnished all courts of the land and the Office of the Bar Confidant. This 7esolution shall likewise be spread on the personal record of respondent attorney. SO ORDERED. Davide, Jr., C.J., (Chairman), Bellosillo, Puno, Vitu , !apunan, "endoza, Pan ani#an, $uisum#in , Purisima, Pardo, Buena, %onza a-&e'es, and (nares-)antia o, JJ., concur.