Tiong vs. Florendo

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TIONG VS.

FLORENDO

FACTS: In 1991, Atty Florendo was engaged as both as the legal counsel and administrator of business for
Elpidio P. Tiong, an American Citizen, and his wife, Ma. Elena T. Tiong. However, in 1993, Elpidio Tiong started
suspecting Atty Florendo to be having illicit affair with his wife. Such was then confirmed in May 13, 1995. Elena
Tiong initially denied the accusation but later admitted the same. On May 15, 1995, Atty Florendo and Elena Tiong
executed and signed an affidavit attesting to their illicit relationship and seeking their respective spouses'
forgiveness.

Even with the signed affidavit, Elpidio Tion still filed for a disbarment case in court against Atty Florendo,
which was later referred to the Integrated Bar of the Philippines (IBP) for investigation and decision. The case was
ruled against Atty Florendo and provided for suspension of one year from the practice law. A motion for
reconsideration was then filed by Atty Florendo contending that the signed affidavit back on May 15, 1995 is
sufficient to warrant the dismissal of the present disbarment case against respondent for gross immoral conduct

ISSUE: Whether or not Atty Florendo should still be disbarred even with the presentation of the signed affidavit
evidencing his pardon?

RULING: Yes. Atty Florendo should still be disbarred. Under Canon 7.03 “A lawyer shall not engage in
conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in
a scandalous manner to the discredit of the legal profession”, with such it should be noted that possession of good
moral character is not only a condition for admission to the Bar but is a continuing requirement to maintain one’s
good standing in the legal profession . It is the duty of law practitioners to observe the highest degree of morality in
order to safeguard the integrity of the Bar. Consequently, any errant behavior on the part of a lawyer, be it in his
public or private activities, which tends to show him deficient in moral character, honesty, probity, or good
demeanor, is sufficient to warrant his suspension or disbarment.

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