Respondent, a city fiscal, was accused of extorting money from the complainant during an investigation into an estafa complaint filed by the complainant's business rival. The NBI apprehended the respondent in an entrapment operation. The Supreme Court ruled that the respondent should be disbarred for malpractice and violating his lawyer's oath, as the extortion committed while serving as a public official violated his duties as both a lawyer and public servant.
Respondent, a city fiscal, was accused of extorting money from the complainant during an investigation into an estafa complaint filed by the complainant's business rival. The NBI apprehended the respondent in an entrapment operation. The Supreme Court ruled that the respondent should be disbarred for malpractice and violating his lawyer's oath, as the extortion committed while serving as a public official violated his duties as both a lawyer and public servant.
Respondent, a city fiscal, was accused of extorting money from the complainant during an investigation into an estafa complaint filed by the complainant's business rival. The NBI apprehended the respondent in an entrapment operation. The Supreme Court ruled that the respondent should be disbarred for malpractice and violating his lawyer's oath, as the extortion committed while serving as a public official violated his duties as both a lawyer and public servant.
Respondent, a city fiscal, was accused of extorting money from the complainant during an investigation into an estafa complaint filed by the complainant's business rival. The NBI apprehended the respondent in an entrapment operation. The Supreme Court ruled that the respondent should be disbarred for malpractice and violating his lawyer's oath, as the extortion committed while serving as a public official violated his duties as both a lawyer and public servant.
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Reyes v.
Gaa
A.M. No. 1048. July 14, 1995.
Per Curiam
FACTS:
Wellington Reyes, complainant, reported to the National Bureau of
Investigation (NBI) that he had been the victim of extortion by respondent Atty. Salvador Gaa, an Assistant City Fiscal of Manila, who was investigating a complaint for estafa filed by complainant’s business rival. The NBI agents then apprehended respondent in an entrapment operation set up by them.
ISSUE:
WON respondent should be disbarred on the grounds of malpractice and
willful violation of lawyer’s oath.
RULING:
Yes. The extortion committed by respondent constitutes misconduct as a
public official, which also constitutes as a violation of his oath as a lawyer. The lawyer’s oath is a source of his obligations and its violation is a ground for his suspension, disbarment, or other disciplinary action (Agpalo, Legal Ethics 66- 67 [1983]).