Case Summary (Adm. Case. No. 350)
Facts of the Case
Atty. Dalmacio de los Angeles was convicted and sentenced to a total punishment of two years, four months, and one day of destierro, in addition to a fine of P2,300. His conviction was based on charges related to attempted bribery, specifically identified in Court of Appeals Case No. 11411-R. Following this conviction, Atty. de los Angeles was summoned to demonstrate why he should not face disbarment from the legal profession.
Arguments Presented
In his defense, Atty. de los Angeles appealed to the sympathy of the Court, presenting personal circumstances that included his responsibility as a father to six children, whose ages range from 4 to 16 years. He argued that the disciplinary action would lead to dishonor not only for him but also for his family. He characterized his actions as stemming from an "error of judgment,” which he claimed he truly regretted.
Legal Framework
Under the Philippine legal framework, specifically Section 25 of Rule 127 of the Rules of Court, a lawyer may be disbarred for being convicted of crimes involving moral turpitude. The rationale for this rule emphasizes the necessity for legal practitioners to maintain good moral character as a prerequisite for their continued practice in law. The ruling adhered to precedents established in cases such as Mortel vs. Aspiras, which reinforced that disbarment is justified when a lawyer loses this essential character through criminal convictions.
Court's Decision
Despite acknowledging the respondent's mitigating circumstances and the empathic plea regarding his family’s welfare, the Court concluded that it was bound by the legal standards that govern moral integrity in the legal profession. As bribery is classified inherently as a felony involving moral turpitude, Atty. de los Angeles was held accountable under the stipulated rules. Conseque
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Case Overview
- Atty. Dalmacio de los Angeles was convicted of attempted bribery by the Court of Appeals, leading to a sentence involving both imprisonment and a financial penalty.
- The conviction necessitated a review of his suitability to practice law, as per the provisions outlined in the Rules of Court.
Conviction and Sentencing
- The Court of Appeals rendered a final decision convicting Atty. de los Angeles of attempted bribery (CA-G.R. No. 11411-R).
- He was sentenced to:
- Two years, four months, and one day of destierro (banishment).
- A fine of P2,300, with the stipulation of subsidiary destierro should he be unable to pay.
Disciplinary Proceedings
- Following his conviction, Atty. de los Angeles was required to show cause why he should not be disbarred under section 1, Rule 128 of the Rules of Court.
- In his written explanation, he sought the Court's sympathy, citing:
- The burden of supporting his six children, the eldest being 16 and the youngest 4 years old.
- The potential stigma of dishonor t