liability against the respondent will not inexorably lead to a similar finding in the administrative
action before this Court. Neither will a favorable disposition in the civil action absolve the
administrative liability of the lawyer.xxi[21] The basic premise is that criminal and civil cases
are altogether different from administrative matters, such that the disposition in the first two will
not inevitably govern the third and vice versa. For this reason, it would be well to remember the
Courts ruling in In re Almacen,xxii[22] which we quote:
x x x Disciplinary proceedings against lawyers are sui generis. Neither purely civil nor purely
criminal, they do not involve a trial of an action or a suit, but are rather investigations by the
Court into the conduct of one of its officers. Not being intended to inflict punishment, [they are]
in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor
therein. [They] may be initiated by the Court motu proprio. Public interest is [their] primary
objective, and the real question for determination is whether or not the attorney is still a fit
person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the
Court merely calls upon a member of the Bar to account for his actuations as an officer of the
Court with the end in view of preserving the purity of the legal profession and the proper and
honest administration of justice by purging the profession of members who by their misconduct
have prove[n] themselves no longer worthy to be entrusted with the duties and responsibilities
pertaining to the office of an attorney. x x x (emphasis ours)
We shall now discuss seriatim the specific charges against respondent.
First. Complainant alleges that respondent appealed the POEA Decision, despite knowing that it
had already become final and executory. The IBP investigating commissioner had no explicit
finding on this point. Rogelio G. Gatchalian testified that during the pendency of the appeal, his
company had received from the POEA a Writ of Execution which led him to the conlcusion that
they [had] lost the case before the Supreme Court.xxiii[23] This, however, does not substantiate
the charge.
Complainant has failed to present proof regarding the status of the appeal. Neither has there been
any showing that the appeal was dismissed on the ground that the POEA Decision had become
final and executory. Worse, there has been no evidence that respondent knew that the case was
unappealable. Indeed, the records of this Court shows that the Petition for Review was dismissed
for petitioners failure to submit an Affidavit of Service and a legible duplicate of the assailed
Order. Clearly, this charge has no leg to stand on.
Second. Be that as it may, we agree with the IBP that respondent obtained from complainant the
amount of $2,555, on the false representation that it was needed for the appeal before this Court.
According to Gatchalian,xxiv[24] respondent explained that the amount would cover all the
expenses to be incurred in the Petition for Review with the Supreme Court and which amount
also will answer for the payment as sort of deposit so that if our case is lost, the money will be
given or paid to the complainant in that case so that our deposit with the bank would not be
garnished.xxv[25] Corroborating Gatchalians testimony, Edna Deles declared that respondent
received the amount on the representation that it would be paid to the Supreme Court in
connection with the Olano case.xxvi[26]