7/28/2019 In Re Atty Avancea

1/1

A.C. No. 407 August 15, 1967IN RE: ATTORNEY JOSE AVANCEA

FACTS: Atty. Jose Avancea was charged with falsification of public document before the Courtof First Instance of Manila and later on was found guilty thereof. The trial court alsofound that he took advantage of the law profession in committing the crime of falsification of public document to defraud his clients. The respondent appealed to theCourt of Appeals and the latter court affirmed the decision of the lower court. On apetition for review of the decision of the Court of Appeals to the Supreme Court, thelatter Court, dismissed the petition for lack of merit.

The respondent was committed to prison at the National Penitentiary, and later on thePresident of the Philippines extended conditional pardon to him. Subsequently, he wasdischarged from confinement.

ISSUE:Whether or not the charges against Atty. Avancea constitute a valid ground for disbarment.

RULING:YES . Atty. Avancea was disbarred from the practice of law, and his name was strickenout from the roll of attorneys.

There can, therefore, be no doubt, that Atty. Avancea has committed the crime of falsification of public document against his clients with grave abuse of confidence,having been found guilty thereof by final judgment of competent jurisdiction. His actsamount to deceit, malpractice or misconduct in office as an attorney, which constitutegrounds for removal from office under Section 27, Rule 138 of the Rules of Court, not tomention conviction by final judgment of a crime involving moral turpitude.

The fact that the respondent was extended conditional pardon by the Chief Executive isof no moment. Such conditional pardon merely partially relieved him of the penalconsequences of his act, but did not operate as a bar to his disbarment, especially sowhen he is being disbarred on the ground of professional misconduct for which he hadbeen convicted by final judgment.