In re Vinzon
REITERATIONFacts
The Antecedents: Atty. Isidro P. Vinzon and his wife, Filomena D. Vinzon, were charged with estafa for failing to deliver and misappropriating P7,000.00 of a U.S. Depositary check belonging to Felicidad M. Bagtas, the unremarried widow of a deceased veteran. Felicidad M. Bagtas was found to be mentally incompetent. Atty. Vinzon assisted Bagtas in her benefits application with the U.S. Veterans Administration (U.S.V.A.) and, on April 22, 1955, caused the alteration of her address on record with the U.S.V.A. to his own residence in Cavite City, while she continued to reside in Parañaque. In June 1955, Mrs. Vinzon brought Bagtas and her mother, Susana Osio, to their residence in Cavite, where they were asked to sign papers related to the benefits claim without knowing their contents. Bagtas was made to thumbprint several papers. Later, Mrs. Vinzon took Osio and Bagtas to Manila, where they met an individual who, upon Mrs. Vinzon's affirmation that Bagtas was "the one," gave Osio P2,421.00. Osio disbursed P50.00 to the individual and P200.00 to Mrs. Vinzon. Procedural History: The Court of First Instance of Manila convicted both Atty. Vinzon and his wife of estafa. They were sentenced to an indeterminate penalty, to indemnify Felicidad M. Bagtas in the amount of P7,000.60 with subsidiary imprisonment, and to pay costs. The Court of Appeals affirmed this decision in CA-G.R. No. 02243-CR on October 1, 1962, and invited the attention of the Solicitor General to initiate disbarment proceedings against Atty. Vinzon. The Court of Appeals' decision became final for lack of appeal to the Supreme Court. The Petition: This disbarment proceeding was initiated against Atty. Isidro P. Vinzon by the Solicitor General on January 7, 1963, pursuant to the Court of Appeals' decision.
Issue(s)
Whether the conviction for estafa, a crime involving moral turpitude, warrants the disbarment of a member of the Philippine Bar. Whether the respondent's failure to appear at the scheduled hearing constitutes a waiver of his right to be heard.
Ruling
The Supreme Court ordered the disbarment of Atty. Isidro P. Vinzon. The Court found that conviction for estafa, a crime involving moral turpitude, is a sufficient ground for disbarment. The respondent's failure to appear at the scheduled hearing was deemed a waiver of his right to be heard.
Ratio Decidendi
On the issue of disbarment due to conviction for estafa: The Court held that conviction for estafa is a ground for disbarment. Estafa is unequivocally a crime involving moral turpitude, encompassing acts contrary to justice, honesty, and good morals. The Court cited previous rulings in In re Gutierrez and In re Basa to support this classification. Since the respondent's guilt for estafa had been established by a final decision of the Court of Appeals, his disbarment was deemed inevitable. The Court emphasized that the integrity of the legal profession demands that its members adhere to the highest standards of morality and honesty. A lawyer convicted of a crime involving moral turpitude fails to meet these standards, thus justifying disbarment to protect the public and maintain the dignity of the legal profession. The respondent's arguments challenging the finality and validity of the Court of Appeals' decision were not given weight in the disbarment proceedings, as the conviction was already final. On the issue of waiver of the right to be heard: The respondent prayed for a proper hearing in his answer to the disbarment petition. However, he failed to appear at the hearing scheduled for June 21, 1963, despite being duly notified. The Court considered this failure to appear as a waiver of his right to be heard. This is consistent with established jurisprudence, as exemplified in Arellano Toledo, Adm. Case No. 266, where a similar failure to appear was treated as a waiver. Therefore, the case was deemed submitted for decision based on the available records and pleadings.
Main Doctrine
Conviction for estafa, a crime involving moral turpitude, is a ground for disbarment of a member of the Philippine Bar.