Disbarment case filed vs lawyer

The SC received last June 4 the verified complaint duly subscribed based on the courier tracking number provided by the complainant to The FREEMAN.

The complainant alleged that, in the afternoon of April 23, 2018, her manager instructed her to get the amount of P7,000 as commission for referring a criminal case at the office of the lawyer (name withheld in compliance to SC rules on disbarment cases) located at Oftana Building, Jasmine corner Don Mariano Cui Streets, Capitol Site, Cebu City.

She claimed it was the first time she met the lawyer whom she waited for around 30 minutes at the law office.

The complainant alleged that she was brought by the lawyer to Sugbutel across the Cebu City Hall of Justice in Qimonda IT Center to get the money and documents from someone and the latter also asked for her cellphone number prior to leaving the law office.

On their way back, the complainant said no money was given to her instead the lawyer assured her that he will be the one to talk to her manager who kept on calling over her staff’s phone during that time looking for her whereabouts.

“Then he started touching my hands, either the left or the right, with his right hand. He was doing this while he was driving, but there were times when he had to use his right hand for that part of the car to control its speed. While he was doing this, he was also telling me lewd and private things, uncalled for because we were just acquaintances,” she said in her complaint.

The lawyer also reportedly asked the complainant if she was interested in finishing her college studies and he would be able to help her.

“At that time, it was clear to me that he was trying to seduce me,” said the complainant.

She added that for four times at the stop light in Barangay Carreta area, the lawyer was allegedly holding her hands and fondling her thigh using one of his fingers.

The complainant claimed she was cringing in fear as she wanted to resist from inside the car but the door was locked until she was dropped near their office.

The incident was entered into blotter book of the Cebu City Police Office Station 4 and on April 25, 2018, the complainant filed a case before the Cebu City Prosecutor’s Office.

On May 23, 2018, the lawyer's counsel went to the office of the complainant to negotiate for the dismissal of the case.

The complainant said the lawyer's counsel also sent a certain Reynaldo “Boy” Kyamko to their residence and offered P700,000 for the withdrawal of the case but her father told the latter they don’t need the money but an apology from the lawyer before the fiscal’s office.

She said that the second time around on May 26, Kyamko offered P350,000 and a scholarship for her and employment at the lawyer's office.

“In all of these three incidents, I was there present when Mr. Kyamko made representations and negotiated for the dismissal of the case. I had the May 26 and 27 incidents entered into police blotter,” said the complainant.

The complainant cited that under Section 27 of rule 138 of the Rules of Court, the Supreme Court may disbar or suspend from practice a lawyer for grossly immoral conduct.

“The totality of the circumstances – the fact that it was our first meeting, that despite my indicating to him that I did not like what he was doing, he still continued, that he is a lawyer and are supposed to be held to a higher standard reflecting his profession – certainly elevates his immoral act to such gross level that he should be disbarred from practice,” read the complaint.

The lawyer did not reply any text message of The FREEMAN to his mobile phone number given by the complainant. —

Gregg M. Rubio/GAN