### Facts:
In 1989, Encarnacion Pascual was sued for failing to remit Social Security System (SSS) payments, a case assigned to Prosecutor Diosdado S. Ibañez for preliminary investigation. During the investigation, Pascual handed over P1,804.00 to Ibañez to cover her SSS arrears, yet Ibañez failed to forward this payment to the SSS—a fact confirmed by the SSS on October 2, 1989. Over a year later, on November 16, 1990, Atty. Prudencio S. Penticostes filed a complaint against Ibañez for professional misconduct in the Regional Trial Court of Tarlac, citing the non-remittance of the SSS contributions, which led to the case being referred to the Integrated Bar of the Philippines (IBP) given the RTC’s lack of competence in the matter. Seven days after filing the complaint, Ibañez made the SSS payment. Ibañez defended his actions as acts of Christian charity, claimed the issue moot as payment was made, and dissociated the misconduct from his professional capacity. The Commission on Bar Discipline of the IBP recommended a reprimand for Ibañez, a decision later adopted by the IBP’s Board of Governors and ratified by the Supreme Court of the Philippines.
### Issues:
1. Whether the act of failing to remit SSS contributions, entrusted by a person during a preliminary investigation, constitutes professional misconduct.
2. The relevance of the respondent’s payment after the filing of the complaint on the determination of professional misconduct.
3. The applicability of professional ethical standards to actions taken outside the respondent’s capacity as a practicing lawyer but within his official duties as a prosecutor.
### Court’s Decision:
The Supreme Court reprimanded Diosdado S. Ibañez, finding him guilty of professional misconduct. The Court concluded that:
1. Ibañez’s failure to remit SSS contributions indeed constituted professional misconduct, violating Rule 1.01 of the Code of Professional Responsibility, which demands lawful, honest, and ethical conduct from lawyers.
2. The delayed remittance of funds, prompted by the complaint’s filing, didn’t exonerate Ibañez from misconduct. Lawyers are expected to manage client funds with high integrity, immediate accountability, and without misappropriation.
3. Ibañez’s role as a prosecutor did not exempt him from adhering to professional ethical standards outlined for lawyers, as Canon 6 of the Code underscores the ongoing applicability of these standards in public service roles.
### Doctrine:
This case reaffirms the principle that lawyers are held to high ethical standards both in their private practice and in public service roles. It also underscores the expectation that lawyers will manage funds entrusted to them with utmost integrity and accountability, as per Rule 1.01 of the Code of Professional Responsibility and Canon 6 concerning lawyers in government service.
### Class Notes:
– **Rule 1.01, Code of Professional Responsibility**: A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.
– **Canon 6, Code of Professional Responsibility**: These canons apply to lawyers in government service in the discharge of their official tasks.
– Principles observed: Guardianship of client funds with integrity and accountability, the applicability of the Code of Professional Responsibility to lawyers in both private practice and public service.
– This case illustrates the non-dismissible obligation of lawyers to uphold ethical standards, regardless of their professional or public service role, and the expectation for immediate and transparent management of entrusted funds.
### Historical Background:
The case underscores the legal profession’s evolving standards regarding the dual roles lawyers often play as both legal practitioners and public servants. It serves as a cardinal reinforcement of the principle that ethical standards are not to be compromised by the lawyer’s public office, reflecting a period of heightened emphasis on legal ethics within the Philippine legal system during the late 20th century.
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