Canon 1 - Duty to uphold the Constitution and Obey the

Law
Brion, Jr. v. Brillantes, Jr., Adm. Case No. !", #ar$h 1%,
&""!
Facts:
Petitioner Marciano P. Brion, Jr., in this petition for disbarment,
avers that respondent violated the courts decree of perpetual
disqualifcation imposed upon respondent Francisco F. Brillantes,
Jr. (in .M. !o. M"J#$%#&'(, entitled Lupo Almodiel Atienza v. Judge
Francisco F. Brillantes, Jr.) from assumin* an+ post in *overnment
service, includin* an+ posts in *overnment#o,ned and controlled
corporations, ,hen he accepted a le*al consultanc+ post at the
-ocal .ater /tilities dministration (-./), from 0$$1 to %'''.
2aid consultanc+ included an appointment b+ -./ as (th
member of the Board of 3irectors of the /rdaneta (Pan*asinan)
.ater 3istrict. /pon e4piration of the le*al consultanc+
a*reement, this ,as subsequentl+ rene,ed as a 2pecial
5onsultanc+ *reement.
6espondent admits the e4istence of the -e*al 5onsultanc+
5ontract as ,ell as the 2pecial 5onsultanc+ 5ontract. 7o,ever, he
raises the a8rmative defense that under 5ivil 2ervice
5ommission (525) Memorandum 5ircular !o. %&, 2eries of 0$$9,
services rendered pursuant to a consultanc+ contract shall not be
considered *overnment services, and therefore, are not covered
b+ 5ivil 2ervice -a,, rules and re*ulations.
:ssue:
.hether or not respondent has trans*ressed the letter and spirit
of the courts decree in the Atienza case.
7eld:
B+ performin* duties and functions, ,hich clearl+ pertain to a
contractual emplo+ee, albeit in the *uise of an advisor or
consultant, respondent has trans*ressed both letter and spirit of
the 5ourts decree in Atienza.
"he 5ourt fnds that for all intents and purposes, respondent
performed duties and functions of a non#advisor+ nature, ,hich
pertain to a contractual emplo+ee of -./. s stated b+
petitioner in his repl+, there is a di;erence bet,een a consultant
hired on a contractual basis (,hich is *overned b+ 525 M.5. !o.
%&, s. 0$$9) and a contractual emplo+ee (,hose appointment is
*overned, amon* others, b+ the 525 <mnibus 6ules on
ppointment and other Personnel ctions). "he la,+ers primar+
dut+ as enunciated in the ttorne+s <ath is to uphold the
5onstitution, obe+ the la,s of the land, and promote respect for
la, and le*al processes. "hat dut+ in its irreducible minimum
entails obedience to the le*al orders of the courts. 6espondents
disobedience to this 5ourts order prohibitin* his reappointment
to an+ branch, instrumentalit+, or a*enc+ of *overnment,
includin* *overnment o,ned and controlled corporations, cannot
be camou=a*ed b+ a le*al consultanc+ or a special consultanc+
contract.
7ence, tt+. Brillantes ,as suspended and ordered to pa+ a fne of
"en "housand Pesos (Php0','''.'').
:n Brion Jr. vs. Brillantes, Jr., the 2upreme 5ourt also ruled: >the
la,+er?s primar+ dut+ as enunciated in the attorne+?s oath is to
uphold the constitution, obe+ the la,s of the land and promote
respect for the la, and le*al processes. "hat dut+ in its
irreducible minimum entails obedience to the le*al orders of the
court.@ "he importance and si*nifcance in upholdin* the sanctit+
of a la,+er?s oath have been hi*hli*hted b+ the 2upreme 5ourt in
the various rulin*s it made involvin* disciplinar+ actions a*ainst
members of the le*al fraternit+.
Bautista v. 'on(ales, Adm. #atter No. 1)&, *ebruary 1&,
1++"
,- .hat is a $hampertous $ontra$t/
A- :t is one ,here the la,+er stipulates ,ith his client in the
prosecution of the case that he ,ill bear all the e4penses for the
recover+ of thin*s or propert+ bein* claimed b+ the client, and
the latter a*rees to pa+ the former a portion of the thin* or
propert+ recovered as compensation. :t is void for bein* a*ainst
public polic+. (-iAe *amblin*) 01+++, &""", &"") Bar
,uestions1
C2A#3456O78 CON65AC6- <ne ,here the la,+er a*rees to
conduct the liti*ation on his o,n account and to pa+ the e4penses
thereof, and to receive as his fee a portion of the proceeds of the
Bud*ment. :t is contrar+ to public polic+ and invalid because it
violates the fduciar+ relationship bet,een the la,+er and his
client. (Bautista vs. ConDales, 01% 256 0E0, 0$$')
Note- champertous contract ,hich is considered void due to
public polic+, because it ,ould maAe him acquire a staAe in the
outcome of the liti*ation ,hich mi*ht lead him to place his o,n
interest above that of the client (Bautista v. Gonzales, A.M. No.
16!, Fe". 1, 1##$%.
Champertous contracts 9 ,hen a la,+er assumes all e4penses
and reimbursement contin*ent on outcome of a case. (liAe
*amblin*)
Bautista vs. Gonzales, 1& '()A 1!!
"he la,+er ma+ lend mone+ to a client, ,hen it is necessar+ in
the interest of Bustice to advance necessar+ e4penses in a le*al
matter he is handlin* for the client. "he advances made shall be
subBect to reimbursement. <ther,ise, if the la,+er spends for all
le*al e4penses, his contract of le*al emplo+ment mi*ht become
champertous, if his attorne+s fees ,ill be pa+able in Aind.
(*ampertous contracts are void.
Bautista vs. Gonzales, 182 SCRA 155
"he la,+er ma+ lend mone+ to a client, ,hen it is necessar+ in
the interest of Bustice to advance necessar+ e4penses in a le*al
matter he is handlin* for the client. "he advances made shall be
subBect to reimbursement. <ther,ise, if the la,+er spends for all
le*al e4penses, his contract of le*al emplo+ment mi*ht become
champertous, if his attorne+s fees ,ill be pa+able in Aind.
(*ampertous contracts are void.
Bautista v. 'on(ales 01++"1
"he purchase b+ a la,+er of his clients propert+ in liti*ation
constitutes a breach of professional ethics for ,hich a disciplinar+
action ma+ be brou*ht a*ainst him that he e4pressl+ violated the
la, prohibitin* a la,+er from acquirin* his clients propert+
involved in an+ liti*ation in ,hich he ma+ taAe part b+ virtue of
his profession (0F$0 55)
B+ failin* to disclose to his client that a land had alread+ been
sold at a public auction prior to the e4ecution of a land
development a*reement, ConDales failed to live up to the ri*orous
standards of ethics of the la, profession ,hich place a premium
on honest+ and condemn duplicitous conduct.
B+ submittin* falsifed documents ,herein % si*natories ,ere
made to appear as havin* f4ed their si*natures, ConDales acted
in ,illful disre*ard of his solemn dut+ as a la,+er to act at all
times in a manner consistent ,ith the truth.
*AC68: tt+. 6amon . ConDales ,as suspended for havin*
violated the provision on rticle 0F$0 of the !e, 5ivil 5ode ,hich
e4pressl+ prohibits a la,+er from acquirin* his client?s propert+ or
interest involved in an+ liti*ation in ,hich he ma+ taAe part b+
virtue of his profession. "his is in vie, of tt+. ConDales
transferred to himself one#half of the properties of his client ,hich
are the subBect of liti*ation, ,hile the case ,as still pendin*.
:8874: .hether or not tt+. 6amon ConDales committed the act
of misconduct, hence his suspension.
24LD: GH2. "he 5anon of the ne, 5ode states that Ia la,+er
shall uphold the 5onstitution, obe+ the la,s of the land and
promote respect for la, and le*al process.I Moreover, 6ule 091,
2ec. 9 of the 6evised 6ules of 5ourt requires ever+ la,+er to taAe
an oath to obe+ the la,s as ,ell as the le*al orders of the dul+
constituted authorities therein. n+ violation of this oath,
constitute act of misconduct ,hich ma+ result to the suspension
or disbarment of a la,+er b+ the 2upreme 5ourt. tt+. ConDales
violated the la, e4pressl+ prohibitin* a la,+er from acquirin* his
client?s propert+ or interest involved in an+ liti*ation in ,hich he
ma+ taAe part b+ virtue of his profession.
*a$ts-
tt+. ConDales is the la,+er of the Fortunados in a civil case
,herein tt+. ConDales a*reed to pa+ all e4penses, includin* court
fees, for a contin*ent fee of E'J of the value of the propert+ in
liti*ation.
:ssue-
.hether or not the contin*ent fee a*reement bet,een tt+.
ConDales and the Forunados is valid
2eld-
!o. "here ,as no impropriet+ in enterin* into a contin*ent fee
contract ,ith the Fortunados. 7o,ever, the a*reement bet,een
tt+. ConDales and the Fortunados is contrar+ to the 5ode of
Professional 6esponsibilit+ ,hich provides that a la,+er ma+ not
properl+ a*ree ,ith a client to pa+ or bear the e4penses of
liti*ation. lthou*h a la,+er ma+ in *ood faith, advance the
e4penses of liti*ation, the same should be subBect to
reimbursement. "he a*reement bet,een tt+. ConDales and
Fortunados does not provide for reimbursement to tt+. ConDales
of liti*ation e4penses paid b+ him. n a*reement ,hereb+ an
attorne+ a*rees to pa+ e4penses of proceedin*s to enforce the
clients ri*hts is champertous. 2uch a*reements are a*ainst
public polic+. "he e4ecution of these contracts violates the
fduciar+ relationship bet,een the la,+er and his client, for ,hich
the former must incur administrative sanctions.
FACTS
:n a verifed complaint fled b+ n*el -. Bautista, respondent
6amon . ConDales ,as char*ed ,ith malpractice, deceit, *ross
misconduct and violation of la,+ers oath. 6equired b+ this 5ourt
to ans,er the char*es a*ainst him, respondent fled a motion for
a bill of particulars asAin* this 5ourt to order complainant to
amend his complaint b+ maAin* his char*es more defnite. :n a
resolution the 5ourt *ranted respondents motion and required
complainant to fle an amended complaint. 5omplainant
submitted an amended complaint for disbarment, alle*in* that
respondent committed the follo,in* acts:
1. Accepting a case +*erein *e agreed +it* *is clients, namel,,
Al-aro Fortunado, Nestor Fortunado and .dit*a Fortunado
/*ereina-ter re-erred to as t*e Fortunados0 to pa, all e1penses,
including court -ees, -or a contingent -ee o- 2-t, percent (!$3% o-
t*e value o- t*e propert, in litigation.
1 1 1
4. 5nducing complainant, +*o +as *is -ormer client, to enter into
a contract +it* *im on August 6$, 1#71 -or t*e development into
a residential su"division o- t*e land involved in (ivil (ase No. 89
1!146, covered ", :(: No. :91##, claiming t*at *e ac;uired 2-t,
percent (!$3% interest t*ereo- as attorne,<s -ees -rom t*e
Fortunados, +*ile =no+ing -ull, +ell t*at t*e said propert, +as
alread, sold at a pu"lic auction on June 6$, 1#71, ", t*e
>rovincial '*eri? o- Lanao del Norte and registered +it* t*e
)egister o- @eeds o- 5ligan (it,A
1 1 1
Pertinent to !o. F above, the contract, in !o. 0 above, reads:
Be t*e /Fortunados0 agree on t*e !$3 contingent -ee, provided,
,ou /respondent )amon Gonzales0 de-ra, all e1penses, -or t*e
suit, including court -ees.
!SS"#
.hether or not respondent committed serious misconduct
involvin* a champertous contract.
$#%&
GH2. 6espondent ,as suspended from practice of la, for si4 (()
months.
RAT!'
"he 5ourt fnds that the a*reement bet,een the respondent and
the Fortunados contrar+ to 5anon F% of the 5anons of Professional
Hthics ,hich provides that a la,+er ma+ not properl+ a*ree ,ith a
client to pa+ or bear the e4penses of liti*ation. K2ee also 6ule
0(.'F, 5ode of Professional 6esponsibilit+L. lthou*h a la,+er
ma+ in *ood faith, advance the e4penses of liti*ation, the same
should be subBect to reimbursement. "he a*reement bet,een
respondent and the Fortunados, ho,ever, does not provide for
reimbursement to respondent of liti*ation e4penses paid b+ him.
n a*reement ,hereb+ an attorne+ a*rees to pa+ e4penses of
proceedin*s to enforce the clients ri*hts is champertous Kcitation
omittedL. 2uch a*reements are a*ainst public polic+ especiall+
,here, as in this case, the attorne+ has a*reed to carr+ on the
action at his o,n e4pense in consideration of some bar*ain to
have part of the thin* in dispute Kcitation omittedL. "he e4ecution
of these contracts violates the fduciar+ relationship bet,een the
la,+er and his client, for ,hich the former must incur
administrative sanctions.
Ar$i;a v. #aniwan;, Adm. Case No. 1)"<, Au;ust 1=, 1+<1
Note- Mere intimac+ bet,een a la,+er and a ,oman ,ith no
impediment to marr+ each other, and ,ho voluntaril+ cohabited
and had t,o children, is neither so corrupt to constitute a criminal
act nor so unprincipled as to ,arrant disbarment or disciplinar+
action a*ainst the man as a member of the bar. (Arciga v.
Mani+ang, A.(. No. 16$&, Aug. 14, 1#&1%
:mmoral $ondu$t has been defned as >that conduct ,hich is
,illful, =a*rant or shameless and ,hich sho,s a moral
indi;erence to the opinion of the *ood and respectable members
of the communit+ (Arci)a v. *ani+an), 1,- SCRA 5.1/.
Ar$i;a v. #aniwan; (0$10)
"he 25 found that tt+. Mani,an* should not be disbarred despite
havin* en*a*ed in repeated acts of cohabitation ,ith rci*a
,hich resulted in the birth of their son and then havin* married
another ,oman despite promises that he ,ould marr+ rci*a.
:n 0$&', ,hen Mani,an* ,as still a la, student, he had a
relationship ,ith rci*a, then a medical technolo*+ student. "he+
started havin* a se4ual relationship in 0$&0. :n 0$&9, rci*a *ot
pre*nant. "he t,o then ,ent to rci*as hometo,n to tell the
latters parent about the pre*nanc+. "he+ also made rci*as
parents believe that the+ ,ere alread+ married but the+ ,ould
have to have the church ,eddin* in abe+ance until Mani,an*
passes the bar e4ams. Mani,an* secured a cop+ of his birth
certifcate in preparation of securin* a marria*e license.
:n 0$&E, Mani,an* passed the bar. But after his oath taAin*, he
stopped communicatin* ,ith rci*a. rci*a located his
,hereabouts and there she found out that Mani,an* married
another ,oman. rci*a confronted Mani,an*s ,ife and this irAed
Mani,an* so he in=icted ph+sical inBuries a*ainst rci*a.
rci*a then fled a disbarment case a*ainst Mani,an* *rounded
on *ross immoral conduct. Mani,an* admitted that he is the
father of rci*as childM that he did promise to marr+ rci*a man+
timesM that he broAe those promises because of rci*as shad+
past because apparentl+ rci*a had an ille*itimate child even
before her son ,ith Mani,an* ,as born.
:8874- .hether or not Mani,an* should be disbarred.
24LD- !o. "he 2upreme 5ourt ruled that Mani,an*s case is
di;erent from the cases of Mortel vs spiras and lmireD vs -opeD,
and other cases therein cited. Mani,an*s refusal to marr+ rci*a
,as not so corrupt nor unprincipled as to ,arrant disbarment
(thou*h not much discussion ,as provided b+ the ponente as to
,h+). But the 2upreme 5ourt did sa+ that it is di8cult to state
,ith precision and to f4 an in=e4ible standard as to ,hat is
>*rossl+ immoral conduct@ or to specif+ the moral delinquenc+
and obliquit+ ,hich render a la,+er un,orth+ of continuin* as a
member of the bar. "he rule implies that ,hat appears to be
unconventional behavior to the strai*ht#laced ma+ not be the
immoral conduct that ,arrants disbarment. :mmoral conduct has
been defned as >that conduct ,hich is ,illful, =a*rant, or
shameless, and ,hich sho,s a moral indi;erence to the opinion of
the *ood and respectable members of the communit+@.
*AC68-
5omplainant and respondent had their illicit relationship ,hile the
latter ,as preparin* to taAe the bar e4aminations. fter the
admission of the respondent to the Philippine Bar, complainant
learned that he ,as alread+ married. 6espondent, ,ho b+ no, is
a la,+er, e4ecuted an a8davit, admittin* his relationship ,ith the
complainant and reco*niDin* the unborn child she ,as carr+in* as
his. fter the birth of the bab+, ho,ever, respondent had started
to refuse reco*niDin* the child and *ivin* her an+ form of support.
fter due hearin*, the :BP 5ommission on Bar 3iscipline found
tt+. 5astillo *uilt+ of *ross immoral conduct and recommends
that he be meted the penalt+ of indefnite suspension from the
practice of la,.
:8874-
.hether or not the penalt+ imposed is proper.
24LD-
GH2. 6espondent violated 6ule 0.'0 of the 5ode of Professional
6esponsibilit+M 5anon & and 6ule &.'9 of the same 5ode.
"he conduct must not onl+ be immoral, but *rossl+ immoral. "hat
is, it must be so corrupt as to constitute a criminal act or so
unprincipled as to be reprehensible to a hi*h de*ree or committed
under such scandalous or revoltin* circumstances as to shocA the
common sense of decenc+.
2irin* a child ,ith a ,oman other than his ,ife is a conduct ,a+
belo, the standards of moralit+ required of ever+ la,+er.
Moreover, the attempt of respondent to rene*e on his notariDed
statement reco*niDin* and undertaAin* to support his child b+
5armelita demonstrates a certain unscrupulousness on his part
,hich is hi*hl+ censurable, unbecomin* a member of a noble
profession, tantamount to self#stultifcation.
"he rule is settled that a la,+er ma+ be suspended or disbarred
for an+ misconduct, even if it pertains to his private activities, as
lon* as it sho,s him to be ,antin* in moral character, honest+,
probit+ or *ood demeanor.
*a$ts-
tt+. lfredo 5astillo ,as alread+ married ,ith three children ,hen
he had an a;air ,ith 5armelita Na*uirre. "his occurred sometime
from 0$$( to 0$$&, ,hile 5astillo ,as revie,in* for the bar and
before the release of its results. Na*uirre then *ot pre*nant
alle*edl+ ,ith 5astillos dau*hter. "he latter, ,ho ,as alread+ a
la,+er, notariDed an a8davit reco*niDin* the child and promisin*
for her support ,hich did not materialiDe after the birth of the
child. "he 5ourt found him *uilt+ of Cross :mmoral 5onduct to
,hich 5astillo fled a motion for reconsideration.
"he :BP commented that until 5astillo admits the paternit+ of the
child and a*rees to support her. :n his defense, the latter
presented di;erent certifcates appreciatin* his services as a
la,+er and provin* his *ood moral character. 7is ,ife even
submitted a hand,ritten letter statin* his amicabilit+ as a
husband and father despite the a;air. More than a +ear since the
ori*inal decision rendered b+ the 5ourt, 5astillo reiterated his
,illin*ness to support the child to the 5ourt and attached a
photocop+ of post#dated checAs addressed to Na*uirre for the
months of March to 3ecember %''E in the amount of Php%,'''.''
each.
:ssue-
.hether or not tt+. lfredo 5astillo is *uilt+ of *ross immoral
conduct, maAin* him punishable of :ndefnite 2uspension.
2eld-
Ges. "he 2upreme 5ourt ruled that the respondent, tt+. lfredo
5astillo, is *uilt+ of *ross immoral conduct and should be
punished ,ith the penalt+ of :ndefnite 2uspension. "he attempt
of respondent to rene*e on his notariDed statement reco*niDin*
and undertaAin* to support his child b+ 5armelita demonstrates a
certain unscrupulousness on his part ,hich is hi*hl+ censurable,
unbecomin* a member of a noble profession, tantamount to self#
stultifcation.
"his 5ourt has repeatedl+ held: Ias o8cers of the court, la,+ers
must not onl+ in fact be of *ood moral character but must also be
seen to be of *ood moral character and leadin* lives in
accordance ,ith the hi*hest moral standards of the communit+.
More specifcall+, a member of the Bar and o8cer of the court is
not onl+ required to refrain from adulterous relationships or the
Aeepin* of mistresses but must also so behave himself as to avoid
scandaliDin* the public b+ creatin* the belief that he is =outin*
those moral standards.I .hile respondent does not den+ havin*
an e4tra#marital a;air ,ith complainant he seeAs understandin*
from the 5ourt, pointin* out that Imen b+ nature are
pol+*amous,I and that ,hat happened bet,een them ,as
Inothin* but mutual lust and desire.I "he 5ourt is not convinced.
:n fact, it is appalled at the reprehensible, amoral attitude of the
respondent.
"he 5ourt found that 5astillos sho, of repentance and active
service to the communit+ is a Bust and reasonable *round to
convert the ori*inal penalt+ of indefnite suspension to a defnite
suspension of t,o +ears. Furthermore, the 5ourt noted that
Na*uirres further claim for the support of her child should be
addressed to the proper court in a proper case.
Cordova v. Cordova, Adm. Case No. !&=+, November &+,
1+<+
:n 0$1E, tt+. -aurence 5ordova, ,hile bein* married to 2alvacion
3eliDo and ,ith t,o children, left his ,ife and children to cohabit
,ith another married ,oman. :n 0$1(, 2alvacion and 5ordova had
a reconciliation ,here 5ordova promised to leave his mistress.
But apparentl+, 5ordova still continued to cheat on her ,ife as
apparentl+, 5ordova a*ain lived ,ith another ,oman and ,orse,
he tooA one of his children ,ith him and hid the child a,a+ from
2alvacion.
:n 0$11, 2alvacion fled a letter#complaint for disbarment a*ainst
5ordova. Hventuall+, multiple hearin* dates ,ere sent but no
hearin* tooA place because neither part+ appeared. :n 0$1$,
2alvacion sent a tele*raphic messa*e to the 5ommission on Bar
3iscipline intimatin* that she and her husband has reconciled.
"he 5ommission, since 2alvacion failed to submit her evidence e4
parte, merel+ recommended the reprimand and admonishment of
5ordova.
:8874- .hether or not 5ordova should be merel+ reprimanded.
24LD- !o. 7e should be suspended indefnitel+ until he presents
evidence that he has been morall+ reformed and that there ,as
true reconciliation bet,een him and his ,ife. Before a person can
be admitted to the bar, one requirement is that he possesses
*ood moral character. "hat requirement is not e4hausted and
dispensed ,ith upon admission to membership of the bar. <n the
contrar+, that requirement persists as a continuin* condition for
membership in the Bar in *ood standin*. "he moral delinquenc+
that a;ects the ftness of a member of the bar to continue as such
includes conduct that outra*es the *enerall+ accepted moral
standards of the communit+, conduct for instance, ,hich maAes
>a mocAer+ of the inviolable social institution or marria*e@ such
,as the case in the case at bar.
:n re Basa, =1 3hil. &% 01+&"1
5arlos Basa is a +oun* la,+er convicted of the crime of abduction
,ith consent. 7e ,as sentenced to t,o +ears, eleven months, and
eleven da+s of imprisonment. "he 2olicitor Ceneral asAed for
Basas disbarment based on his commission of a crime involvin*
moral turpitude.
:8874- .hether or not the crime abduction ,ith consent involves
moral turpitude.
24LD- Ges. 5rimes of this character do involve moral turpitude.
"he inherent nature of the act is such that it is a*ainst *ood
morals and the accepted rule of ri*ht conduct. Moral turpitude
includes ever+thin* ,hich is done contrar+ to Bustice, honest+,
modest+, or *ood morals. Basa ,as declared to be suspended for
one +ear immediatel+ after he fnished servin* his sentence.
3eople v. 6uanda, Adm. Case No. !!)", January !", 1+<+
*AC68: 6espondent Fe ". "uanda, a member of the Philippine Bar,
asAs this 5ourt to lift the suspension from the practice of la,
imposed upon her b+ a decision of the 5ourt of ppeals. :n 0$19,
tt+. Fe "uanda received from one 7erminia . MarqueD several
pieces of Be,elr+ ,ith a total value of P9(,''' for sale on
commission basis. :n 0$1F, instead of returnin* the unsold pieces
of Be,elr+ ,orth P%(,%E', she issued 9 checAs. "hese checAs ,ere
dishonored b+ the dra,ee banA, "raders 6o+al BanA, for
insu8cienc+ of funds. !ot,ithstandin* receipt of the notice of
dishonor, "uanda made no e;ort to settle her obli*ation. 5riminal
cases ,ere fled, ,herein she ,as acquitted of estafa but ,as
found *uilt+ of violation of BP %% ("he nti#Bouncin* 5hecA -a,).
"he appellate court a8rmed the decision of the trial court and
imposed further suspension a*ainst "uanda in the practice of la,,
on the *round that the o;ense involves moral turpitude. "uanda is
no, appealin* to the 2upreme 5ourt for her suspension to be
lifted ar*uin* that her suspension ,as a penalt+ so harsh on top
of the fnes imposed to her in violation of the aforementioned la,.
r*uin* further that she intends no dama*e to the plainti;#
appellee (7erminia . MarqueD)and she is not *uilt+ of the o;ense
char*ed.
:8874- .hether or not the suspension of tt+. "uanda be lifted.
24LD: !<. "he 5ourt of ppeals correctl+ ruled that Ithe o;ense
KofL ,hich she is found *uilt+ involved moral turpitude. 2ections
%& and %1 of 6ule 091 of the 6evised 6ules of 5ourt provide as
follo,s:
'ec. %&. Attorne,s rene+ed or suspended ", 'upreme (ourt
on +*at grounds. member of the bar ma+ be removed or
suspended from his o8ce as attorne+ b+ the 2upreme 5ourt
of an+ deceit, malpractice, or other *ross misconduct in such
o8ce, *rossl+ immoral conduct, or ", reason o- *is
conviction o- a crime involving moral turpitude, or for an+
violation of the oath ,hich he is required to taAe before
admission to practice, or for a ,ilful disobedience of an+
la,ful order of a superior court, or for corruptl+ or ,ilfull+
appearin* as an attorne+ for a part+ to a case ,ithout
authorit+ so to do. "he practice of solicitin* cases at la, for
the purpose of *ain, either personall+ or throu*h paid a*ents
or broAers, constitutes malpractice. (:talics supplied)
2ec. %1. 'uspension o- attorne, ", t*e (ourt o- Appeals or a
(ourt o- First 5nstance. C :*e (ourt o- Appeals or a (ourt o-
First 5nstance ma, suspend an attorne, -rom practice -or
an, o- t*e causes named in t*e last preceding section, and
after such suspension such attorne+ shall not practice his
profession until further action of the 2upreme 5ourt in the
premises.
5onviction of a crime involvin* moral turpitude relates to and
a;ects the *ood moral character of a person convicted of such
o;ense. 7erein, BP %% violation is a serious criminal o;ense ,hich
deleteriousl+ a;ects public interest and public order. "he
e;ects of the issuance of a ,orthless checA transcends the
private interest of parties directl+ involved in the transaction and
touches the interest of the communit+ at lar*e. Puttin* valueless
commercial papers in circulation, multiplied a thousand fold,
can ver+ ,ellpollute the channels of trade and commerce, inBure
the banAin* s+stem and eventuall+ hurt the ,elfare of societ+ and
the public interest. "he crimes of ,hich respondent ,as convicted
also import deceit and violation of herattorne+?s oath and the
5ode of Professional 6esponsibilit+ under both of ,hich she ,as
bound to Iobe+ the la,s of the land.I
55<63:!C-G, the 5ourt 6esolved to 3H!G the Motion to -ift
<rder of 2uspension. 6espondent shall remain suspended from
the practice of la, until further orders from this 5ourt.
FACTS
tt+. Fe "uanda ,as convicted b+ the 6e*ional "rial 5ourt of
Manila in violation of B.P. %% ,ith a fne and subsidiar+
imprisonment in case of insolvenc+ and to indemnif+ the
complainant 7erminia MarqueD. 6espondent appealed. "he 5ourt
of ppeals a8rmed in toto the decision of the trial court and
imposed upon tt+. Fe "uanda, in addition, the suspension from
the practice of la, until further orders from the 2upreme 5ourt.
"he respondent fled a !otice of ppeal ,ith the 5ourt of ppeals.
"he 5ourt of ppeals noted respondents !otice of ppeal and
advised her Dto address *er Notice o- Appeal to t*e Eonora"le
'upreme (ourt, t*e proper -orum.F :n the said motion, responded
stated:
t*at suspension -rom t*e practice o- la+ is indeed a *ars* i- not a
not pain-ul penalt, aggravating t*e lo+er court<s penalt, o- 2ne
considering t*at accused9appellant<s action on t*e case during
t*e trial on t*e merits at t*e lo+er court *as al+a,s "een
motivated purel, ", sincere "elie- t*at s*e is innocent o- t*e
o?ense c*arged nor o- t*e intention to cause damage to t*e
*erein plainti?9appellee.
!SS"#
.hether or not the imposed suspension for tt+. "uanda ma+ be
lifted.
$#%&
!<. Motion to -ift <rder of 2uspension denied.
RAT!'
K"Lhe crimes of ,hich respondent ,as convicted KalsoL import
deceit and violation of her attorne+s oath and the 5ode of
Professional 6esponsibilit+ under both of ,hich she ,as bound to
>obe+ the la,s of the land.@ 5onviction of a crime involvin* moral
turpitude mi*ht not (as in the instant case, violation of B.P. Bl*. %%
does not) relate to the e4ercise of the profession of a la,+erM
ho,ever, it certainl+ relates to and a;ects the *ood moral
character of a person convicted of such o;ense.
:n re Al Ar;osino, B.#. %1&, July 1!, 1++> #ar$h 1+, 1++%
F5"2: "his is a matter for admission to the bar and oath taAin* of
a successful bar applicant. r*osino ,as previousl+ involved ,ith
haDin* that caused the death of 6aul 5amali*an but ,as
sentenced ,ith homicide throu*h recAless imprudence after he
pleaded *uilt+. 7e ,as sentenced ,ith % +ears imprisonment
,here he applied for a probation thereafter ,hich ,as *ranted b+
the court ,ith a % +r probation. 7e tooA the bar e4am and passed
but ,as not allo,ed to taAe oath. 7e fled a petition to allo, him
to taAe the attorne+s oath of o8ce averrin* that his probation
,as alread+ terminated. "he court note that he spent onl+ 0'
months of the probation period before it ,as terminated.
:22/H: .<! r*osino ma+ taAe oath of o8ce.
6/-:!C: "he court upheld the principle of maintainin* the *ood
morals of all Bar members, Aeepin* in mind that such is of *reater
importance so far as the *eneral public and the proper
administration of Bustice are concerned, than the possession of
le*al learnin*. 7ence he ,as asAed b+ the court to produce
evidence that ,ould certif+ that he has reformed and have
become a responsible member of the communit+ throu*h s,orn
statements of individuals ,ho have a *ood reputation for truth
and ,ho have actuall+ Ano,n Mr. r*osino for a si*nifcant period
of time to certif+ he is morall+ ft to the admission of the la,
profession. "he court also ordered that said a cop+ of the
proceedin* be furnished to the famil+Orelatives of 6aul 5amali*an.
5e- 8$ De$ision Dated #ay &", &""< :n '.5. No. 1)1=
7nder 5ule 1!+-B o? the 5ules o? Court, v . Atty. 5odol?o D.
3a$tolin, Adm. Case No. %+=". April &=, &"1&
/nder 2ection %&, 6ule 091 of the 6ules of 5ourt, a la,+er ma+ be
removed or suspended on the follo,in* *rounds: (0) deceitM (%)
malpracticeM (9) *ross misconduct in o8ceM (F) *rossl+ immoral
conductM (E) conviction of a crime involvin* moral turpitudeM (()
violation of the la,+ers oathM (&) ,illful disobedience of an+
la,ful order of a superior courtM and (1) corruptl+ or ,illfull+
appearin* as a la,+er for a part+ to a case ,ithout authorit+ so to
do.
"he crime of falsifcation of public document is contrar+ to Bustice,
honest+, and *ood morals and, therefore, involves moral
turpitude. Moral turpitude includes ever+thin* ,hich is done
contrar+ to Bustice, honest+, modest+, or *ood morals. :t involves
an act of baseness, vileness, or depravit+ in the private duties
,hich a man o,es his fello,men, or to societ+ in *eneral,
contrar+ to the accepted and customar+ rule of ri*ht and dut+
bet,een man and ,oman, or conduct contrar+ to Bustice, honest+,
modest+, or *ood morals.
3isbarment is the appropriate penalt+ for conviction b+ fnal
Bud*ment for a crime involvin* moral turpitude.