Case Digest (A.C. No. 6792)
Facts:
Roberto Soriano v. Atty. Manuel Dizon, A.C. No. 6792, January 25, 2006, the Supreme Court En Banc, Per Curiam. Complainant Roberto Soriano filed with the Commission on Bar Discipline (CBD) of the Integrated Bar of the Philippines a Complaint‑Affidavit seeking the disbarment of respondent Atty. Manuel Dizon on the ground that his conviction for a crime involving moral turpitude and the attendant circumstances violated Canon 1, Rule 1.01 of the Code of Professional Responsibility and constituted a ground for disbarment under Section 27, Rule 138 of the Rules of Court.Soriano alleged that Dizon was convicted of frustrated homicide by the Regional Trial Court (Branch 60, Baguio City). The trial court’s November 29, 2001 Decision detailed a drunken roadside confrontation: Dizon, allegedly intoxicated, pursued and accosted Soriano (a taxi driver) after being overtaken, was involved in a scuffle, returned to his car, retrieved a revolver with its handle wrapped in a handkerchief, and fired at Soriano, wounding him in the neck and causing serious injuries and disability. The trial court found treachery as an aggravating circumstance; it convicted Dizon of frustrated homicide and adjudged civil damages. On January 18, 2002 the trial court granted Dizon probation conditioned, among other things, on satisfaction of his civil liabilities; Dizon later appealed the civil liability to the Court of Appeals and, according to the CBD record, had not satisfied the civil obligations.
Dizon failed to file an Answer to the CBD complaint; the CBD declared him in default, held an ex parte hearing on June 11, 2004, and permitted complainant to submit the case on the complaint and attached records. Commissioner Teresita J. Herbosa issued a Report and Recommendation on December 6, 2004 finding that Dizon’s conviction and surrounding facts demonstrated moral turpitude and recommending disbarment; the IBP Board of Governors adopted...(Pro-only)
Issues:
- Does respondent Atty. Manuel Dizon’s conviction for frustrated homicide, in the circumstances of this case, involve moral turpitude?
- If so, does respondent’s conviction and related conduct warrant his disbarment from the pr...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)