Sharples v. Emelo
This is a civil case concerning legal ethics and discipline, involving Atty. Danilo C. Emelo who was found guilty of violating Rule 1.01, Canon 1 of the Code of Professional Responsibility. The Integrated Bar of the Philippines (IBP) Board of Governors (BOG) resolved to adopt and approve the Report and Recommendation of the Investigating Commissioner, suspending Atty. Emelo from the practice of law for one year. The Supreme Court adopted and approved the findings of fact, conclusions of law, and recommendation of the IBP Investigating Commissioner, and suspended Atty. Emelo for one year, with a stern warning that commission of the same or similar acts in the future will be dealt with more severely. The suspension took effect immediately upon receipt of the resolution by the respondent.
ADVERTISEMENT
SECOND DIVISION
[A.C. No. 12305. March 28, 2022.]
GRAHAM PAUL SHARPLES, petitioner, vs.ATTY. DANILO C. EMELO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated28 March 2022which reads as follows:
"A.C. No. 12305 (Graham Paul Sharples v. Atty. Danilo C. Emelo). —
The Court NOTES the Notice of Resolution No. CBD-2021-02-01 1 dated February 13, 2021 of the Integrated Bar of the Philippines (IBP) Board of Governors (BOG), which resolved to adopt and approve the Report and Recommendation 2 dated September 28, 2020 of the Investigating Commissioner, suspending respondent Atty. Danilo C. Emelo (respondent) from the practice of law for one (1) year, transmitted by the letter 3 dated November 9, 2021 of Director Avelino V. Sales, Jr., Commission on Bar Discipline, IBP, together with the records of this case.
The Court RESOLVES to ADOPT and APPROVE the findings of fact, conclusions of law, and recommendation of the IBP Investigating Commissioner in the attached report and recommendation dated September 28, 2020, as adopted and approved by the IBP-BOG in the Notice of Resolution dated February 13, 2021. Accordingly, the Court finds Atty. Danilo C. Emelo GUILTY of violating Rule 1.01, 4 Canon 1 of the Code of Professional Responsibility. He is SUSPENDED from the practice of law for a period of one (1) year, and STERNLY WARNED that a commission of the same or similar acts in the future shall be dealt with more severely. 5
The suspension from the practice of law shall take effect immediately upon receipt of this Resolution by respondent. He is DIRECTED to immediately file a Manifestation to the Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel.
Let copies of this Resolution be furnished to: (1) the Office of the Bar Confidant to be appended to respondent's personal record as an attorney; (2) the Integrated Bar of the Philippines for its information and guidance; and (3) the Office of the Court Administrator for circulation to all courts in the country.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 175-176. Signed by National Secretary Roland B. Inting.
2.Id. at 177-183. Signed by Commissioner Atty. Ela A. Sangalang.
3.Id. at 173.
4. Rule 1.01 — A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
5.Rollo, pp. 182-183.
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