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Republic of the PhilippinesSUPREME COURTManilaEN BANC A.M. No. 1048 July 14, 1995WELLINGTON REYES, complainant, vs.ATTY. SALVAOR M. GAA, respondent. PER CURIAM!

 This administrative complaint for disbarment charges respondent, a former Assistant Cit!iscal of manila, "ith malpractice and "illful violation of his oath as an attorne.#$n March %&, '()', at around (*&& A.M. complainant reported to the National Bureau of#nvestigation +NB# that he had been the victim of e-tortion b respondent, an AssistantCit !iscal of Manila, "ho "as investigating a complaint for estafa led b complainant/sbusiness rival. According to complainant, he had given respondent P0&&.&& on March ','()' and a total of P0&&.&& on three other occasions. 1e said that another 2pao32 "asscheduled at ''*&& A.M. that da in respondent/s o4ce at the Cit 1all.An entrapment "as set up b the NB#.Complainant furnished the NB# agents several peso bills totalling P'0&.&& for mar5ing. Thepaper bills "ere sent to the !orensic and Chemistr 6ivision of the NB# and subse7uentlreturned to complainant for the use in the entrapment.8hen complainant "ent to respondent/s o4ce, he "as told that the latter "ould not returnuntil around 9*%& P.M. :o complainant and the NB# agents "ent bac5 at around 9*%& P.M.As there "ere other persons doing business "ith respondent, complainant had to "ait forthirt minutes. 8hen nall complainant "as able to see respondent, the latter greetedhim in Tagalog 2Ano ba ang sa io;2 Complainant ans"ered 21indi tao nag5ita 5aninangumaga.2 To "hich respondent replied 2$o, 5anina pa 5ita hinihinta.2 Complainant thenhanded to respondent the mar5ed mone "hich he placed inside his right poc5et. The NB#agents then apprehended respondent and brought him to the NB# !orensic and Chemistr6ivision for e-amination. Respondent/s hands "ere found positive of the ello" ed Crime 6ivision of the NB# "here he "as photographed,ngerprinted and record chec5ed. Respondent declined to give a s"orn statement toe-plain his side of the case, invo5ing his right against self=incrimination.$n the same date, the NB# recommended the prosecution of respondent for violation of:ection %+b of R.A. No. %&'(.$n April '%, '()', the NB# recommended to the :ecretar of ?ustice the ling ofadministrative charges and the institution of disbarment proceedings against him.$n April 9', '()', President Marcos suspended respondent from o4ce pending

investigation and disposition of his administrative case +Case No. )@.Aside from the criminal complaint and Administrative Case No. )@, t"o other cases "ereearlier led against respondent* namel, Administrative Case No. '& for rave Misconductled b one Angel Alora on $ctober '%, '((, "herein respondent "as found guilt ascharged and "as recommended for suspension and Administrative Case No. '&=A. forpartialit led b !abiola !aDardo on April 9, '()&, "hich "as pending resolution.#n his ans"er to the complaint for disbarment, respondent asserted that complainantsurreptitiousl planted the mar5ed mone in his poc5et "ithout his 5no"ledge andconsent.1e further said that the criminal case +#: No. )'=00 led against him b the NB# at theinstance of complainant "as still pending preliminar investigation b the Cit !iscal of

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Manila. #n connection "ith the incident of March %&, '()', he said that he had led acriminal complaint for incriminator machination, perDur and attempted corruption of apublic o4cial against complainant "ith the Cit !iscal of Manila.#n repl to the ans"er, complainant denied that the several cases against respondent "eremotivated b revenge, malice or personal ill "ill. 1e said that the investigating scal hadrecommended the dismissal of the charges led b respondent against him.#n a resolution dated 6ecember 9%, '()', this Court resolved to refer the disbarment caseto the :olicitor eneral for investigation, report and recommendation. 1o"ever, upon theadoption of Rule '%(=B of the Revised Rules of Court., the case "as transferred to the #BPBoard of overnors for investigation and disposition.$n March '0, '((%, Commissioner Ficente G. Ro-as of the Commission on Bar 6iscipline ofthe #ntegrated Bar of the Philippines +#BP recommended that respondent be disbarred.:aid recommendation "as approved b the #BP Board of overnors in its resolution datedMarch 9, '((@.##8e agree "ith the recommendation of the #BP Board of overnors.#n the case at bench, respondent "as caught in  fagrante delicto in the act of receiving themar5ed mone from complainant during the entrapment conducted b the NB# agents,"hich resulted in his arrest and the subse7uent ling of administrative and criminal casesagainst him. #n his defense, respondent merel denied the charge of e-tortion and retortedthat the mar5ed mone "as planted b complainant.#t is settled that a4rmative testimon is given greater "eight than negative testimon+6elos Rees v. A>nar, ')( :CRA 0% H'((I. 8hen the integrit of a member of the bar ischallenged, it is not enough that he denies the charges against him he must meet theissue and overcome the evidence against him +Malcolm, Jegal and ?udicial Ethics (%H'(@(I. 1e must sho" proof that he still maintains that degree of moralit and integrit"hich at all times is e-pected of him +Baasen v. Court of Appeals, '&% :CRA '() H'('IFda. de Ramos v. Court of Appeals, ' :CRA %(% H'()I.8here the misconduct of a la"er as a government o4cial is of such a character as toa3ect his 7ualication as a la"er or to sho" moral delin7uenc, then he ma bedisciplined as a member of the bar on such grounds +on>ales=Austria v. Abaa, ') :CRA%@ H'((I.

 The e-tortion committed b respondent constitutes misconduct as a public o4cial, "hichalso constitutes a violation of his oath as a la"er. The la"er/s oath +Revised Rules ofCourt, Rule '%, :ection ' People v. 6e Juna, '&9 Phil. ( H'(0I, imposes upon everla"er the dut to dela no man for mone or malice. The la"er/s oath is a source of hisobligations and its violation is a ground for his suspension, disbarment or other disciplinaraction +Agpalo, Jegal Ethics =) H'(%I.81ERE!$RE, respondent is 6#:BARRE6 and his name is ordered :TR#CKEN $!! from theRoll of Attornes. Jet a cop of this resolution be furnished the Bar Condant and the#ntegrated Bar of the Philippines and spread on the personal records of respondent.:$ $R6ERE6.Narvasa, C.J., Feliciano, Padilla, Regalado, Davide, Jr., Romero, Quiason, Puno, Vitug,Kapunan, Mendoa and Francisco, JJ., concur.

Melo, J., too! no part."ellosillo, J., is on leave.