University of the Philippines College of Law

Block F2021

Topic Canon 1 – Rule 1.01 (No Unlawful, Dishonest, Immoral, Deceitful Conduct)
Case No. 58 Phil 350
Case Name PIATT v. Abordo
Ponente Malcolm, J.

RELEVANT FACTS

 Feb. 19, 1932 – Atty. Perfecto Abordo accepted the offer of two individuals to sell him a quantity of
opium and agreed to pay P1.50 per tin;

 The delivery was made; Abordo paid P600 for the opium, and an altercation of sort ensued although the
respondent Abordo was able to escape and go home safely. Although when the respondent Abordo
examined them at his house, the tins of purportedly genuine opium, it turned out, were fake and
contained sand;

 Abordo then reported to Luneta Police Station that he was robbed of P600 and subsequently, the two
individuals were arrested, charged with estafa and convicted;

 Defendant Abordo was candid about the transaction that he entered into and apologized profusely;
however, he averred that "the act complained of not having been committed in the exercise of his
profession of attorney-at-law”; the acts he committed could not affect his status as attorney-at-law and
could not, therefore, constitute a ground for disciplinary action.

ISSUE

 W/N the conduct of the respondent Abordo constitute a ground for disciplinary action

RATIO DECIDENDI

Issue
W/N the conduct of the
respondent Abordo with
respect to opium buying
constitute a ground for
disciplinary action.
Ratio
Yes.
The Court held that as a general rule, a court will not assume jurisdiction to
discipline one of its officers for misconduct alleged to be committed in his
private capacity. The exception to the rule is that an attorney will be removed
not only for malpractice and dishonesty in his profession, but also for gross
misconduct not connected with his professional duties, which show him to
be unfit for the office and unworthy of the privileges which his license and
the law confer upon him. (In re Pelaez [1923], 44 Phil., 567.)

The Court held that his contracting to buy showed an intention to flaunt the
law even though the overt act was not consummated. In the eyes of the
canons of professional ethics which govern the conduct of attorneys, the act
was as reprehensible as if it had been brought to a successful culmination. "Of
all classes and professions, the lawyer is most sacredly bound to uphold the
laws.
 University of the Philippines College of Law
Block F2021

RULING

It is the order of the court that the respondent Perfecto Abordo be suspended from the practice of law for a
period of one year to begin on September 1, 1933.

NO SEPARATE OPINION

NO SEPARATE OPINION