Santeco v. Avance
REITERATIONFacts
The Antecedents: Complainant Teresita D. Santeco filed an administrative complaint against respondent Atty. Luna B. Avance for mishandling Civil Case No. 97-275. Procedural History: In a December 11, 2003 En Banc Decision, respondent was found guilty of gross misconduct for abandoning her client's cause and persistent refusal to comply with lawful orders, leading to a five-year suspension from the practice of law and an order to return ₱3,900.00. Her motion for reconsideration was denied. The Petition: While under suspension, respondent appeared and participated in three cases, misrepresenting herself as "Atty. Liezl Tanglao." Upon confrontation and presentation of a certification of her suspension, she admitted to being Atty. Luna B. Avance but claimed her suspension was only for three years and had been lifted. She subsequently withdrew her appearance. Judge Consuelo Amog-Bocar reported this to the Court Administrator. The Court required respondent to comment, but she failed to do so despite two directives. Consequently, the Court found her guilty of indirect contempt and imposed a ₱30,000.00 fine, with a stern warning. Despite notice of the Resolution imposing the fine, respondent failed to pay it. The Court found respondent unfit to continue as a member of the bar.
Issue(s)
Whether respondent Atty. Luna B. Avance is guilty of gross misconduct and willful disobedience of lawful orders of a superior court. Whether respondent Atty. Luna B. Avance is unfit to continue as a member of the bar.
Ruling
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.
Ratio Decidendi
On whether respondent Atty. Luna B. Avance is guilty of gross misconduct and willful disobedience of lawful orders of a superior court: Yes. As an officer of the court, a lawyer has a duty to uphold the dignity and authority of the court, which is demonstrated by obedience to court orders and processes. Respondent's conduct fell short of this expectation. She continued her law practice despite a five-year suspension order, misrepresented herself to evade the penalty, and willfully disobeyed the Court's orders to comment on her continued practice. Furthermore, she failed to pay the ₱30,000.00 fine imposed for indirect contempt. This pattern of defiance demonstrates a habit of disregarding court directives, constituting gross misconduct and willful disobedience. On whether respondent Atty. Luna B. Avance is unfit to continue as a member of the bar: Yes. The repeated disobedience of the Court's orders, as evidenced by her continued practice of law while suspended and her failure to comply with subsequent directives and pay the imposed fine, demonstrates a cavalier attitude and utter disrespect for the judicial institution. This conduct indicates a high degree of irresponsibility and a recalcitrant flaw in her character. Section 27, Rule 138 of the Rules of Court provides that a member of the bar may be disbarred for gross misconduct or willful disobedience of any lawful order of a superior court. Respondent's actions fall squarely within these grounds, proving her unworthy of membership in the Philippine Bar and deserving of the ultimate penalty of disbarment.
Main Doctrine
A lawyer who continues to practice law despite a suspension order, misrepresents their identity to evade the penalty, fails to comply with court directives, and does not pay imposed fines is unfit to continue as a member of the bar and deserves disbarment for gross misconduct and willful disobedience of lawful orders of a superior court.