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In Re Dalmacio de Los Angeles

The Supreme Court of the Philippines ruled to disbar attorney Dalmacio de los Angeles from practicing law after he was convicted of attempted bribery. Under the rules of the court, an attorney can be removed if convicted of a crime involving moral turpitude. Bribery is considered a felony involving moral turpitude. While sympathizing with de los Angeles' family situation, the court determined it was constrained by the rules to decree his disbarment due to the loss of his good moral character from the conviction.

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70 views

In Re Dalmacio de Los Angeles

The Supreme Court of the Philippines ruled to disbar attorney Dalmacio de los Angeles from practicing law after he was convicted of attempted bribery. Under the rules of the court, an attorney can be removed if convicted of a crime involving moral turpitude. Bribery is considered a felony involving moral turpitude. While sympathizing with de los Angeles' family situation, the court determined it was constrained by the rules to decree his disbarment due to the loss of his good moral character from the conviction.

Uploaded by

Duffy Duffy
Copyright
© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
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EN BANC

[Adm. Case. No. 350 . August 7, 1959.]

IN RE: DALMACIO DE LOS ANGELES , petitioner.

Solicitor General Edilberto Barot and Solicitor Emerito M. Salva, for the
Government.
Dalmacio de los Angeles and Luis F. Gabinete, for respondent.

SYLLABUS

1. ATTORNEYS-AT-LAW; DISBARMENT; CONVICTION OF CRIME INVOLVING


MORAL TURPITUDE. — Under section 25, Rule 127, a member of the bar may be
removed from his o ce as attorney if he is convicted of a crime involving moral
turpitude the reason behind this rule being that the continued possession of a good
moral character is a requisite condition for the rightful continuance of the lawyer in the
practice of law with the result that the loss of such quali cation justi es his disbarment
(Mortel vs. Aspiras 100 Phil., 586; 53 Off. Gaz., No. 3, 628).
2. ID.; ID.; ID.; BRIBERY. — Bribery is a felony involving moral turpitude (7 C.J.S., p.
736; 5 Am. Jur. p. 428)

DECISION

BAUTISTA ANGELO , J : p

Atty. Dalmacio de los Angeles was convicted of the crime of attempted bribery in
a nal decision rendered by the Court of Appeals and was sentenced to two (2) years,
four (4) months, and one (1) day of destierro, and to pay a ne of P2,300, with
subsidiary destierro in case of insolvency (CA-G.R. No. 11411-R), and under section 1,
Rule 128, of the Rules of Court, he was required to show cause why he should not be
disbarred from the practice of his profession.
In his written explanation he appealed to the sympathy and mercy of this Court
considering that he has six children to support the eldest being 16 years old and the
youngest 4 years who will bear the stigma of dishonor if disciplinary action be taken
against him. He made manifest to this Court that if he ever committed what is
attributed to him, it was merely due to an error of judgment which he honestly and
sincerely deplores.
Under section 25, Rule 127, a member of the bar may be removed from his o ce
as attorney if he is convicted of a crime involving moral turpitude the reason behind this
rule being that the continued possession of a good moral character is a requisite
condition for the rightful continuance of the lawyer in the practice of law with the result
that the loss of such quali cation justi es his disbarment (Mortel vs. Aspiras 100 Phil.,
586; 53 Off. Gaz., No. 3, 628). And since bribery is admittedly a felony involving moral
turpitude (7 C.J.S., p. 736; 5 Am. Jur. p. 428), this Court, much as it sympathizes with
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the plight of respondent, is constrained to decree his disbarment as ordained by
section 25 of Rule 127.
It is therefore ordered that respondent be removed from his o ce as attorney
and that his name be stricken out from the Roll of Attorneys. So ordered.
Paras, C.J., Bengzon, Padilla, Montemayor, Labrador, Concepcion, Endencia and
Barrera, JJ., concur.

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