Sebastian v.

Calis
A.C. No. 5118 September 9,1999 Per Curiam
Petitioner Respondent
Marilou Sebastian Atty. Dorotheo Calis
FACTS OF THE CASE:
Marilou Sebastian (Sebastian), the petitioner, was referred to Atty. Dorotheo
Calis (Calis), respondent, to help her process her documents for her trip to the
US. She paid him P150,000 (with receipt) and was told to resign from her job.
Once she inquired about her passport Calis gave her an assumed identity and
false documents. She demanded to get her money back. But Calis assured her
everything will be alright and that she will get a full refund if anything goes wrong.
She left together with Calis’ other recruits and when they arrived in Singapore
they were apprehended, detained then deported back. She demanded for the full
refund of her money. After Calis made partial refunds amounting to P10,000 and
continuous demand from Sebastian, he ignored her. Despite many notices sent
to Calis requiring an answer or comment on the complaint from the court and the
Integrated Bar of the Philippines, there was no response.
ISSUES: Ruling
1. W/N Calis should be disbarred Yes
2. W/N Sebastian is entitled to recover her P140,000 Yes
from Calis
3. W/N Calis should be charged for illegal recruitment No
RULING/RATIONALE:
1. Yes. A lawyer can be deprived of his license for misconduct ascertained and
declared by judgment of the court after giving him the opporunity to be heard.
Calis is guilty of gross misconduct through deceiving Sebastian that he would
give her visa and travel documents, giving her false documents and not
returning her P114,000 that she paid him. Calis also had total disregard of the
summons issued by the IBP.
2. Yes. She was promised a full refund and there was clear demand from her.
3. No. Sebastian failed to substantiate her allegation on the matter. She did not
mention any job promised to her by Calis. She only mentioned that he would
secure her US visa.
DISPOSITION: Respondent disbarred.
SEPARATE RULINGS: NA