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TERESITA D. SANTECO, Complainant, |
A.C. No. 5834
(formerly CBD-01-861) |
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Present: CARPIO, CARPIO MORALES,* VELASCO, JR., NACHURA, LEONARDO-DE CASTRO,* BRION, PERALTA, BERSAMIN, ABAD, VILLARAMA, JR., PEREZ, SERENO, JJ.
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ATTY. LUNA B. AVANCE, Respondent. |
Promulgated: February 22, 2011 |
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PER
CURIAM:
The case originated from an
administrative complaint[1] filed by Teresita D. Santeco against
respondent Atty. Luna B. Avance for mishandling Civil Case No. 97-275, an
action to declare a deed of absolute sale null and void and for reconveyance
and damages, which complainant had filed before the Regional Trial Court (RTC) of
In an En Banc Decision[2] dated P3,900.00 which
complainant paid her for the filing of a petition for certiorari with the Court
of Appeals (CA), which she never filed.
Respondent moved to reconsider[3] the decision but her
motion was denied in a Resolution[4] dated
Subsequently, while respondent’s five-year suspension from the practice
of law was still in effect, Judge Consuelo Amog-Bocar, Presiding Judge of the RTC
of Iba, Zambales, Branch 71, sent a letter-report[5] dated November 12, 2007 to then Court
Administrator Christopher O. Lock informing the latter that respondent had
appeared and actively participated in three cases wherein she misrepresented
herself as “Atty. Liezl Tanglao.” When her opposing counsels confronted her and
showed to the court a certification regarding her suspension, respondent admitted
and conceded that she is Atty. Luna B. Avance, but qualified that she was only
suspended for three years and that her suspension has already been lifted. Judge
Amog-Bocar further stated that respondent nonetheless withdrew her appearance
from all the cases. Attached to the letter-report were copies of several pertinent
orders from her court confirming the report.
Acting on Judge Amog-Bocar’s letter-report, the Court, in a Resolution[6] dated
ACCORDINGLY, respondent is hereby found guilty of indirect
contempt and is hereby FINED in the
amount of Thirty Thousand Pesos (P30,000.00) and STERNLY WARNED that a
repetition of the same or similar infractions will be dealt with more severely.
Let all courts, through the Office of the Court
Administrator, as well as the Integrated Bar of the
A copy of
the September 29, 2009 Resolution was sent to respondent’s address of record at
“26-B
Despite due notice, however, respondent failed to pay the fine imposed
in the September 29, 2009 Resolution based on a certification issued by Araceli
C. Bayuga, Chief Judicial Staff Officer of the Cash Collection and Disbursement
Division, Fiscal Management and Budget Office.
The said certification reads:
This is to certify that as per records of the Cashier Division, there is
no record of payment made by one ATTY. LUNA B. AVANCE in the amount of Thirty
Thousand Pesos (P30,000.00) as payment for COURT FINE imposed in the resolution
dated
In view of the
foregoing, the Court finds respondent unfit to continue as a member of the bar.
As an officer
of the court, it is a lawyer’s duty to uphold the dignity and authority of the
court. The highest form of respect for judicial authority is shown by a
lawyer’s obedience to court orders and processes.[11]
Here, respondent’s conduct evidently fell short of what is expected of
her as an officer of the court as she obviously possesses a habit of defying this
Court’s orders. She willfully disobeyed
this Court when she continued her law practice despite the five-year suspension
order against her and even misrepresented herself to be another person in order
to evade said penalty. Thereafter, when she was twice ordered to comment on her
continued law practice while still suspended, nothing was heard from her
despite receipt of two Resolutions from this Court. Neither did she pay the P30,000.00
fine imposed in the
We have held that failure to comply with Court directives constitutes
gross misconduct, insubordination or disrespect which merits a lawyer’s
suspension or even disbarment.[12] Sebastian
v. Bajar[13] teaches
Respondent’s cavalier attitude in repeatedly ignoring the orders of the
Supreme Court constitutes utter disrespect to the judicial institution.
Respondent’s conduct indicates a high degree of irresponsibility.
Under Section 27, Rule 138 of the Rules of Court a member of the
bar may be disbarred or suspended from office as an attorney for gross
misconduct and/or for a willful disobedience of any lawful order of a superior
court, to wit:
SEC. 27. Disbarment or suspension of attorneys by
Supreme Court; grounds therefor. — A
member of the bar may be disbarred or suspended from his office as attorney by
the Supreme Court for any deceit, malpractice, or other gross misconduct in
such office, grossly immoral conduct, or by reason of his conviction of a
crime involving moral turpitude, or for any violation of the oath which he is
required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court,
or for corruptly or willfully appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at law for the
purpose of gain, either personally or through paid agents or brokers,
constitutes malpractice. (Emphasis supplied.)
In repeatedly disobeying this Court’s orders, respondent proved herself
unworthy of membership in the Philippine Bar.
Worse, she remains indifferent to the need to reform herself. Clearly, she is unfit to discharge the duties
of an officer of the court and deserves the ultimate penalty of disbarment.
WHEREFORE, respondent ATTY. LUNA B. AVANCE is hereby DISBARRED for gross misconduct and willful disobedience of lawful orders of a superior court. Her name is ORDERED STRICKEN OFF from the Roll of Attorneys.
Let a
copy of this decision be attached to respondent’s personal record with the
Office of the Bar Confidant and copies be furnished to all chapters of the
Integrated Bar of the
SO ORDERED.
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RENATO
C. CORONA Chief Justice |
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ANTONIO T. CARPIO Associate Justice |
(On
official leave) CONCHITA CARPIO MORALES Associate Justice |
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PRESBITERO J. VELASCO, JR. Associate Justice |
ANTONIO EDUARDO B. NACHURA Associate Justice |
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(On official leave) TERESITA
J. LEONARDO-DE CASTRO Associate Justice |
ARTURO D. BRION Associate Justice |
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DIOSDADO
M. PERALTA Associate Justice |
LUCAS
P. BERSAMIN Associate Justice |
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MARIANO
C. Associate Justice |
ROBERTO A. ABAD Associate Justice |
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MARTIN
S. VILLARAMA, JR. Associate Justice |
JOSE
Associate Justice |
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JOSE CATRAL Associate Justice |
MARIA
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* On
official leave.
[1] Rollo, pp. 2-3.
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11] Cuizon v. Macalino, A.C. No. 4334, July 7, 2004, 433 SCRA 479, 484, citing Villaflor v. Sarita, A.C.-CBD No. 471, June 10, 1999, 308 SCRA 129, 136.
[12] Sebastian
v. Bajar, A.C. No. 3731,
[13]
[14]