Home›Bar Review›2024›Remedial Law›Question 16
Question 16
16. Atty. Perez induced Eunice to invest money in a trading business with
guaranteed profits. Atty. Perez assured Eunice that the business was doing
well. Eunice agreed and delivered to Atty. Perez PHP 10,000,000.00 as
capital investment. Atty. Perez issued to Eunice postdated checks with
amounts representing her capital and expected profits. Thereafter, Eunice
discovered that the trading business was a sham and that the checks were
all drawn against a closed account. Aggrieved, Eunice filed against Atty.
Perez a criminal action for estafa and a disbarment complaint for gross
misconduct. Atty. Perez sought to suspend the disciplinary charge against
him pending resolution of the criminal proceedings. Atty. Perez explained
that his innocence or acquittal constitutes a prejudicial question to his
administrative liability arising from similar incidents. Does the pending
criminal action constitute a prejudicial question to warrant the
suspension of the disbarment case? Explain.
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