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Moral Turpitude

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Masongsong, Shannon Gail A.

LEGAL ETHICS- BLOCK B

People v. Tuanda

181 SCRA 692, A.M. No. 3360

January 30, 1990

PEOPLE OF THE PHILIPPINES, complainant


vs.
ATTY. FE T. TUANDA, respondent.

FACTS: Respondent Atty. Fe T. Tuanda, a member of the Philippine Bar, asks this Court to
lift the suspension from the practice of law imposed upon her by a decision of the Court of
Appeals. In 1983, Atty. Fe Tuanda received from one Herminia A. Marquez several pieces of
jewelry with a total value of P36,000 for sale on commission basis, with the condition that
the respondent would turn over the sales proceeds and return the unsold items to Ms.
Marquez. In 1984, instead of returning the unsold pieces of jewelry worth P26,250, she
issued 3 checks. These checks were dishonored by the drawee bank, Traders Royal Bank,
for insufficiency of funds. Notwithstanding receipt of the notice of dishonor, Tuanda made no
effort to settle her obligation. Criminal cases were filed, wherein she was acquitted of estafa
but was found guilty of violation of B.P. Blg. 22 (The Anti-Bouncing Check Law). The
appellate court affirmed the decision of the trial court and imposed further suspension
against respondent Tuanda in the practice of law, on the ground that the offense involves
moral turpitude. Respondent is now appealing to the Supreme Court for her suspension to
be lifted arguing that her suspension was a penalty so harsh on top of the fines imposed to
her in violation of the aforementioned law. Arguing further that she intends no damage to the
plaintiff-appellee (Herminia A. Marquez) and she is not guilty of the offense charged.

ISSUE: Whether or not the imposed suspension for Atty. Tuanda be lifted.

HELD: No. The Court held that Respondent was correctly suspended from the practice of
law because she had been convicted of crimes involving moral turpitude. The crimes of
which respondent was convicted also import deceit and violation of her attorney's oath and
the Code of Professional Responsibility under both of which she was bound to "obey the
laws of the land." Conviction of a crime involving moral turpitude might not relate to the
exercise of the profession of a lawyer; however, it certainly relates to and affects the good
moral character of a person convicted of such offense. In Melendrez v. Decena, this Court
stressed that:

the nature of the office of an attorney at law requires that she shall be a person of
good moral character. This qualification is not only a condition precedent to an
admission to the practice of law; its continued possession is also essential for
remaining in the practice of law.

ACCORDINGLY, the Court Resolved to DENY the Motion to Lift Order of Suspension.
Respondent shall remain suspended from the practice of law until further orders from this
Court.
Moreno v. Atty. Ernesto Araneta

A.C. NO. 1109, 457 SCRA 329

April 27, 2005

MARIA ELENA MORENO, complainant,


vs.
ATTY. ERNESTO ARANETA, respondent.

FACTS:

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