Case Summary (A.C. No. 6792)
Procedural History in Bar Discipline
The Integrated Bar of the Philippines’ Commission on Bar Discipline found Dizon in default for failing to file an answer. Following an ex-parte hearing and the complainant’s position paper, Commissioner Herbosa recommended disbarment. The IBP Board endorsed that recommendation, prompting final Supreme Court action.
Moral Turpitude as Ground for Disbarment
Under Rule 138, Section 27, conviction of a crime involving moral turpitude renders a lawyer unfit to practice. Moral turpitude is judged by the nature of the act and surrounding circumstances, not by conviction alone. The Court distinguished this case from prior rulings where homicide lacked moral turpitude due to self-defense and absence of malice.
Assessment of Respondent’s Conduct
The respondent’s actions—driving under the influence, initiating violence, employing treachery by shooting an unsuspecting victim, attempting to mask evidence, and fleeing—demonstrate baseness and depravity. His refusal to satisfy court-ordered civil liabilities and persistent dishonesty further reflect a lack of good moral character.
Violation of Professional Responsibility
Atty. Dizon flagrantly breached Canon 1, Rule 1.01 by engaging in unlawful and immoral conduct, disobeying court orders, and failing to honor his attorney’s oath to uphold the law. His fabrications and lies to the court and public violate the profession’s demand for truth and integrity.
Justification for Disbarment
The legal profession requires practitioners of unimpeachable honesty
...continue readingCase Syllabus (A.C. No. 6792)
Parties and Nature of the Complaint
- Complainant: Roberto Soriano, a taxi driver and private offended party.
- Respondent: Atty. Manuel Dizon, member of the Philippine Bar.
- Complaint filed with the Commission on Bar Discipline (CBD) of the Integrated Bar of the Philippines (IBP).
- Alleged grounds: conviction for a crime involving moral turpitude (frustrated homicide), violation of Canon 1, Rule 1.01 of the Code of Professional Responsibility, and Section 27, Rule 138 of the Rules of Court.
Procedural History before the CBD
- Respondent failed to file an Answer; declared in default by CBD Notice dated May 20, 2004.
- Ex parte hearing conducted on June 11, 2004.
- Complainant submitted the case on complaint and attachments; filed Position Paper on July 27, 2004.
- Case deemed submitted for resolution thereafter.
- Commissioner Teresita J. Herbosa issued Report and Recommendation on December 6, 2004.
- IBP Board of Governors adopted the Report by Resolution No. XVI-2005-84 on March 12, 2005.
- Supreme Court received the IBP resolution for final action on July 8, 2005.
Facts as Found by the Regional Trial Court
- Respondent, under the influence of liquor, was overtaken by a taxi driven by Soriano.
- He pursued and berated the taxi driver, grabbed him by the shirt.
- After a brief scuffle in which Soriano defended himself, respondent retreated to his car.
- He retrieved a revolver wrapped in a handkerchief and fired at Soriano, striking him in the neck.
- Antonio Billanes witnessed the incident and assisted Soriano, who suffered a lacerated carotid artery and paralysis on the left side.
Trial Court Conviction and Penalties
- Branch 60, RTC, Baguio City convicted respondent of frustrated homicide on November 29, 2001.
- Penalty: indeterminate sentence of 6 months arresto mayor (minimum) to 6 years prision correccional (maximum).
- One mitigating circumstance: voluntary surrender; one aggravating circumstance: treachery.
- Civil liabilities ordered: ₱76,293 actual damages; ₱100,000 moral damages; ₱100,000 exemplary damages.
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