In re Rovero
REITERATIONFacts
The Antecedents: Atty. Tranquilino Rovero was found to have violated customs law by fraudulently concealing a dutiable importation, specifically a piece of jewelry omitted from declaration and found concealed in his wallet. This led to a decision by the Insular Collector of Customs on March 31, 1947, fining him an amount equal to three times the customs duty due. Procedural History: Subsequently, on October 28, 1948, Atty. Rovero was convicted of smuggling by final decision of the Court of Appeals in Criminal Case No. CA-G.R. No. 2214-R. This conviction affirmed a judgment of the Court of First Instance of Manila, sentencing him to pay a fine of P2,500 with subsidiary imprisonment in case of insolvency. The smuggling case involved a fraudulent practice against customs revenue, as defined and penalized by Section 2703 of the Revised Administrative Code. The Petition: The Solicitor General filed a complaint for disbarment against Atty. Rovero based on these two final decisions. The respondent admitted the existence of the decisions but argued they were insufficient to disqualify him from practicing law, asserting the acts were committed as an individual and not in his professional capacity.
Issue(s)
Whether the respondent's conviction for smuggling and violation of customs law constitutes a crime involving moral turpitude sufficient to warrant disbarment. Whether acts committed by a lawyer as an individual, outside the exercise of his legal profession, can be grounds for disbarment.
Ruling
The respondent, Atty. Tranquilino Rovero, is hereby disbarred from the practice of law. He is directed to surrender his lawyer's certificate within 10 days after the resolution becomes final.
Ratio Decidendi
On whether the respondent's conviction for smuggling and violation of customs law constitutes a crime involving moral turpitude sufficient to warrant disbarment: Yes. Under Section 25, Rule 127 of the Rules of Court, a member of the bar may be removed or suspended for conviction of a crime involving moral turpitude. Moral turpitude encompasses acts done contrary to justice, honesty, modesty, or good morals. The respondent's conviction for smuggling, a fraudulent practice against customs revenue, clearly involves an act done contrary to at least honesty and good morals. This ground for disbarment is separate from deceit, malpractice, or other gross misconduct in office as a lawyer. The offense was aggravated by the fact that the respondent sought to defraud the Government, not merely a private individual. Therefore, the conviction for smuggling, which inherently involves dishonesty and defrauding the state, falls squarely within the definition of a crime involving moral turpitude. On whether acts committed by a lawyer as an individual, outside the exercise of his legal profession, can be grounds for disbarment: Yes. The Rules of Court provide for disbarment based on conviction of a crime involving moral turpitude, irrespective of whether the act was committed in the course of professional duties or as an individual. The standard for maintaining the privilege to practice law is high, and acts that demonstrate a lack of good moral character, such as those involving dishonesty and fraud against the government, reflect poorly on the fitness of an individual to be a member of the bar. The respondent's defense that the acts were committed as an individual does not absolve him from the consequences of such convictions when they involve moral turpitude, as the legal profession demands integrity in all aspects of a lawyer's life, not just in their professional dealings. The conviction itself, by a final decision of a competent court, is the basis for disbarment under the specified rule.
Main Doctrine
Conviction of a crime involving moral turpitude is a ground for disbarment from the practice of law, even if the acts were committed as an individual and not in the exercise of the legal profession. Smuggling, involving fraudulent practice against customs revenue, constitutes an act contrary to honesty and good morals, thus involving moral turpitude.