This case explores the disciplinary consequences for lawyers who engage in immoral conduct, particularly adultery, and those who create the appearance of influencing the courts. The Supreme Court suspended Atty. Angeles A. Velasco for two years after finding him guilty of having an extramarital affair and implying that he could influence judges. This decision emphasizes that lawyers must maintain the highest standards of morality and avoid any actions that could undermine the integrity of the judiciary, even in their private lives. The ruling reinforces the principle that a lawyer’s conduct, both professional and personal, reflects on the legal profession as a whole.

“Private Lives, Public Trust: How an Affair and Boasted Influence Led to a Lawyer’s Suspension”

In Rau Sheng Mao v. Atty. Angeles A. Velasco, the Supreme Court addressed serious allegations against a lawyer, Atty. Angeles A. Velasco, involving both professional misconduct and immoral behavior. Rau Sheng Mao, a Taiwanese national who hired Atty. Velasco as his legal consultant, filed a complaint seeking the lawyer’s disbarment. The accusations ranged from business fraud to blatant immorality and attempts to influence members of the bench. At the heart of this case is the question: what is the extent to which a lawyer’s private conduct and claims of influence over the judiciary impact their professional standing?

The complainant, Rau Sheng Mao, accused Atty. Velasco of multiple wrongdoings. First, Rau Sheng Mao alleged that Atty. Velasco defrauded him in business transactions, specifically the sale of shares in Haru Gen Beach Resort and Hotel Corporation and the sale of three parcels of land. He claimed that despite full payment, Atty. Velasco failed to deliver the certificates for the purchased shares and titles for the land. Secondly, Rau Sheng Mao presented letters where Atty. Velasco implied that he could influence judges by providing them with money. Finally, he charged Atty. Velasco with immorality, alleging that the lawyer had an extramarital affair with Ludy Matienzo and fathered three children with her.

Atty. Velasco denied these accusations, stating that Rau Sheng Mao was represented by his own counsel, Atty. Ricardo B. Purog, Jr., in all business dealings. He claimed that Rau Sheng Mao knew that he had not fully paid for the shares and that the lands were still under litigation. While not denying authorship of the letters, he stated that he had never asked for favors from judges. Moreover, Atty. Velasco presented affidavits from Ludy Matienzo and his wife Rosita Velasco, denying the alleged affair. However, Rau Sheng Mao refuted this with the baptismal certificate of one of the children, listing Atty. Velasco as the father, and affidavits from community members confirming the intimate relationship.

The Supreme Court emphasized the high moral standards required of lawyers, stating, “Under Rule 1.01 of the Code of Professional Responsibility, a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.” The court cited precedents where lawyers were disciplined for keeping mistresses, as it defies the mores and morality of the community. These rulings indicate that personal conduct reflecting moral turpitude directly impacts a lawyer’s fitness to practice law. The Court underscored the significance of this standard, given the critical role attorneys play as keepers of the public faith.

“As keepers of the public faith, lawyers are burdened with the highest degree of social responsibility and thus must handle their personal affairs with the greatest caution. They are expected at all times to maintain due regard for public decency in the community where they live. Their exalted positions as officers of the court demand no less than the highest degree of morality. Indeed, those who have taken the oath to assist in the dispensation of justice should be more possessed of the consciousness and the will to overcome the weakness of the flesh.”

Moreover, the Court found that Atty. Velasco violated Canon 13 of the Code of Professional Responsibility, which states that a lawyer should rely on the merits of their cause and refrain from any impropriety that tends to influence the court. His letters implying influence over judges compromised the integrity of the justice system. While the Court acknowledged that Rau Sheng Mao was not as gullible as he claimed in his business dealings, Atty. Velasco’s misconduct could not be overlooked.

Balancing the gravity of the offenses with mitigating factors, the Supreme Court opted for suspension rather than disbarment, taking into account Atty. Velasco’s age and years of service to the Integrated Bar of the Philippines. The court stated: “On these considerations, we feel strongly the impulse to purge respondent from the ranks of our noble profession. However, considering that he is in the declining years of his life and has rendered years of service to the Integrated Bar of the Philippines as President of the Virac, Catanduanes Chapter, we feel that disbarment would be too harsh a penalty for him.”

Ultimately, the Court’s decision underscores the critical importance of ethical conduct for lawyers, both in their professional and personal lives. It reaffirmed that maintaining the integrity and reputation of the legal profession requires not only adherence to legal principles but also a commitment to high moral standards. This decision provides a reminder to all lawyers of their responsibility to act with integrity and uphold the public’s trust.

FAQs

What was the key issue in this case?	The key issues were whether Atty. Velasco engaged in professional misconduct by defrauding his client and implying influence over judges, and whether his adulterous relationship constituted immoral conduct warranting disciplinary action.
What was the Supreme Court’s ruling?	The Supreme Court found Atty. Velasco guilty of immoral conduct due to his extramarital affair and for implying influence over judges. He was suspended from the practice of law for two years.
What is the basis for disciplining a lawyer for immoral conduct?	Rule 1.01 of the Code of Professional Responsibility prohibits lawyers from engaging in immoral conduct, defined as conduct that is willful, flagrant, or shameless, and shows a moral indifference to the opinion of respectable members of the community.
Why was Atty. Velasco not disbarred?	The Court considered his age and years of service to the Integrated Bar of the Philippines as mitigating factors, opting for a two-year suspension instead of disbarment.
What evidence was presented against Atty. Velasco regarding the affair?	Evidence included a baptismal certificate listing Atty. Velasco as the father of one of Ludy Matienzo’s children, and affidavits from community members confirming their intimate relationship.
What ethical rule did Atty. Velasco violate by implying influence over judges?	Atty. Velasco violated Canon 13 of the Code of Professional Responsibility, which requires lawyers to avoid any impropriety that tends to influence, or gives the appearance of influencing, the court.
Can a lawyer’s personal conduct affect their professional career?	Yes, a lawyer’s personal conduct can significantly affect their professional career, especially if it involves immoral, dishonest, or unlawful acts that reflect poorly on the legal profession.
What is the standard of morality expected of lawyers?	Lawyers are expected to maintain the highest degree of morality and public decency, as they are considered keepers of the public faith and officers of the court.

The Supreme Court’s decision in Rau Sheng Mao v. Atty. Angeles A. Velasco serves as a reminder that the ethical obligations of lawyers extend beyond their professional duties and into their personal lives. The Court emphasizes that lawyers, as upholders of justice and keepers of public trust, must adhere to the highest standards of morality and avoid any conduct that undermines the integrity of the legal profession.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RAU SHENG MAO vs. ATTY. ANGELES A. VELASCO, A.C. No. 4881, October 08, 2003