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People vs. Tuanda, 181 SCRA 692

 A case digest of People vs. Tuanda, 181 SCRA 692, including a case digest suitable for law students:

Case Name: People of the Philippines vs. Atty. Fe T. Tuanda

Citation: A.M. No. 3360, January 30, 1990 (181 SCRA 692)

Facts:

  • Atty. Fe T. Tuanda received jewelry from Herminia Marquez to sell on commission. She was to return any unsold items and the proceeds of those sold.
  • Instead of returning the items, Tuanda issued three postdated checks to Marquez.
  • All three checks bounced due to insufficient funds. Tuanda failed to make any arrangements to honor the checks.
  • Marquez filed four criminal cases against Tuanda: one for estafa, and three for violation of Batas Pambansa Blg. 22 ("Bouncing Checks Law").
  • The trial court acquitted Tuanda of estafa but found her guilty of violating B.P. Blg. 22.

Issues:

  • Did Atty. Tuanda's conviction for violating B.P. Blg. 22 involve moral turpitude, thus warranting disciplinary action against her as an attorney?
  • Was the penalty of suspension from the practice of law appropriate?

Ruling:

The Supreme Court held:

  • Moral Turpitude: Issuing worthless checks does involve moral turpitude, as it demonstrates dishonesty and a lack of moral fitness to practice law.
  • Suspension Justified: The Court affirmed the Court of Appeals' decision to suspend Atty. Tuanda. The suspension was a necessary measure to protect the public and uphold the integrity of the legal profession.

Case Digest for Law Students:

  • Moral Turpitude: Crimes involving fraud, dishonesty, or a significant breach of trust are generally considered to involve moral turpitude.
  • Disciplinary Action for Attorneys: Conviction for a crime involving moral turpitude is a valid ground for suspending or disbarring an attorney. This is important to uphold the high ethical standards the legal profession demands.
  • Protection of the Public: Disciplinary mechanisms in the legal profession aim to protect the public from unethical lawyers, as well as preserve the reputation of the profession.

Where to Find Further Information:

Important Note: Laws and case interpretations can change. Always refer to the latest sources and consult with a qualified attorney when dealing with specific legal matters.

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Location: Davao City, Davao del Sur, Philippines

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