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In re: Avanceña, 20 SCRA 1012

A case digest with key points for law students of the case In re: Avanceña, 20 SCRA 1012:

Case Title: In re: Attorney Jose Avanceña

Citation: G.R. No. 407, August 15, 1967 (20 SCRA 1012)

Facts:

  • Attorney Jose Avanceña was convicted of falsification of a public document under Article 172 of the Revised Penal Code.
  • The trial court found that Avanceña used his position as a lawyer to defraud his clients.
  • Due to this conviction, the Supreme Court provisionally suspended Avanceña from the practice of law pending the final outcome of his criminal appeal.
  • The Court of Appeals later affirmed Avanceña's conviction.

Issue:

Whether or not an attorney convicted of a crime involving moral turpitude, especially one in which he abused his position as a lawyer, should be disbarred.

Holding:

Yes. The Supreme Court disbarred Attorney Avanceña.

Reasoning:

  • Conviction as grounds for disbarment: An attorney's conviction of a crime involving moral turpitude is a ground for disbarment under Section 27, Rule 138 of the Rules of Court.
  • Moral Turpitude: Falsification of a public document is a crime demonstrating moral turpitude, as it involves dishonesty and a lack of integrity.
  • Abuse of professional position: When an attorney abuses their professional position in committing a crime, it reflects poorly on the legal profession and undermines public trust.
  • Effect of Pardon: While Avanceña received a conditional pardon, it only relieved him from the penal consequences of his crime and did not prevent disbarment.

Key Points for Law Students:

  • Moral Character: Lawyers are held to a high standard of moral character. A conviction for a crime involving moral turpitude can be grounds for disbarment, regardless of any subsequent pardon.
  • Public Trust: Lawyers have a duty to uphold the law and maintain public trust in the legal profession. Abusing one's position as a lawyer is an act that warrants severe disciplinary measures.
  • Consequences of Criminal Actions: A criminal conviction can have serious repercussions for a lawyer's ability to practice law, even if the conviction involves actions outside the direct scope of their legal work.

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Location: Davao City, Davao del Sur, Philippines

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