RAYOS-OMBAC v RAYOS

Facts:

Mrs. Irene Rayos-Ombac (lola) is the petitioner in this case. The respondent is
Atty. Orlando Rayos (lawyer), her nephew.

Jan. 1985: lawyer induced lola, who was then 85 years old, to withdraw all her
bank deposits and entrust it to him for safekeeping.

Lawyer made lola believe that if she would do so, all the money will be excluded
from the estate of her deceased husband and therefore exclude the other heirs from
inheriting.

Lola then withdrew all her money (P588K) and deposited it in the account of
lawyer in Union Bank.

Upon demands that the amount be returned, lawyer informed lola that he can
only return P400K on installment. Pumayag na lang si lola kasi kelangan niya talaga ng
pera. They signed a MOA regarding this transaction.

However, the check given by lawyer to lola was dishonored due to insufficient
funds.

Lola then filed an estafa case against lawyer. Lawyer offered as settlement 2
second-hand cars and cash amounting to P40K. Lola refused the offer.

Lawyer also filed cases against Lola. Estafa - because lola allegedly reneged on
her promise to sell a certain parcel of land. Another accusing lola of making false
statements in the testate proceedings of her deceased husband.

Lola then filed a case for disbarment on 2 grounds. (1) defrauding lola and (2)
filing frivolous cases against her.

IBP recommended that lawyer be suspended for 2 years.

Lawyer then filed this motion to lift the suspension stating that lola has already
withdrawn her complaint for disbarment
Issue:

W/N lawyer should be suspended for 2 years

Held:

Yes. In fact the SC raised the penalty to disbarment. (pinabayaan na lang sana
niya yung suspension, baka di pa siya disbarred)


The withdrawal of lola of her complaint has no effect on the disbarment
proceedings.

Lawyer violated the CPR as well as his oath when he deceived his 85 year old
aunt.

Lawyers wicked deed was aggravated by the series of unfounded suits he filed
against lola.

Lawyers deceitful conduct makes him unworthy of membership in the legal

profession.