Dear PAO,
I have a lawyer-friend who owes me money. He used the money for his tuition fees when he was still a law student. I am contemplating filing a disbarment case to compel him to pay his debts. Is this an advisable remedy for me to get my money back?
Elena
Dear Elena,
No, a disbarment proceeding is neither the advisable nor the proper remedy for you to compel your friend to pay his debt.
In Spouses Ceferino and Azucena Palaganas v. Atty. Mario P. Panganiban, AC 7632, Feb. 24, 2025, Ponente: Associate Justice Samuel Gaerlan, the Supreme Court ruled that an administrative complaint, such as a disbarment proceeding, is not the proper venue to collect unpaid debts, saying;
“At this juncture, it must be stressed that a disbarment case is sui generis for it is neither purely civil nor purely criminal but is rather an investigation by the Court into the conduct of its officers. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proven themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. xxx
“On the other hand, Section 3(a) of the Revised Rules on Civil Procedure defined a civil action as one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. On this note, the legal remedy available to a creditor to collect unpaid debts from its debtor is to file a personal action for collection suit.
“To reiterate, an administrative case against an erring member of the Bar and a civil case for collection of sum of money are proceedings involving different issues that are separate and distinct from each other. xxx”
Thus, a disbarment case will do you no good, especially if your main goal is to recover your money. A disbarment case is a mere disciplinary proceeding where a lawyer is called upon to account for his actuations as an officer of the Court, not to compel him to pay his personal obligations and liabilities. It would be best to file a case for collection for sum of money or a small claims suit, depending on the amount of the debt to be recovered.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
