Fe P. Tuanda, a lawyer, was given several pieces of jewelry worth 36k to sell on commission by Hermina Marquez. Tuanda failed to return the unsold jewelry or sales proceeds by the deadline, instead issuing bad checks for 15,450. Tuanda was convicted of multiple violations of BP 22 for issuing bad checks but acquitted of estafa. The court affirmed Tuanda's conviction and suspended her from practicing law. Tuanda filed a motion to lift the suspension order. The court denied the motion, finding that Tuanda's crimes involved moral turpitude and violated her oath as a lawyer, warranting suspension to protect the public interest.
Fe P. Tuanda, a lawyer, was given several pieces of jewelry worth 36k to sell on commission by Hermina Marquez. Tuanda failed to return the unsold jewelry or sales proceeds by the deadline, instead issuing bad checks for 15,450. Tuanda was convicted of multiple violations of BP 22 for issuing bad checks but acquitted of estafa. The court affirmed Tuanda's conviction and suspended her from practicing law. Tuanda filed a motion to lift the suspension order. The court denied the motion, finding that Tuanda's crimes involved moral turpitude and violated her oath as a lawyer, warranting suspension to protect the public interest.
Fe P. Tuanda, a lawyer, was given several pieces of jewelry worth 36k to sell on commission by Hermina Marquez. Tuanda failed to return the unsold jewelry or sales proceeds by the deadline, instead issuing bad checks for 15,450. Tuanda was convicted of multiple violations of BP 22 for issuing bad checks but acquitted of estafa. The court affirmed Tuanda's conviction and suspended her from practicing law. Tuanda filed a motion to lift the suspension order. The court denied the motion, finding that Tuanda's crimes involved moral turpitude and violated her oath as a lawyer, warranting suspension to protect the public interest.
Fe P. Tuanda asks the court to lift her suspension
from the practice of law
Dec. 17, 1983: Tuanda received several pieces of
jewelry (valued at 36k) for sale on a commission bases from Hermina Marquez, with the condition that Tuanda turn over the sales proceeds and return unsold items to Marquez on or before Feb. 14, 1984
In Feb 1984, Tuanda issued 3 checks worth
15,450 to Marquez (which were dishonored by the bank for insufficiency of funds) instead of returning the jewelry still worth approximately 26,250
Tuanda made no other arrangements to repay
Marquez
She was sued by Marquez for estafa and 3 counts
of violation of BP 22 in the RTC Acquitted of estafa, but guilty on all counts of violation of BP 22
CA affirmed in toto the RTC decision, but also
suspended Tuanda from the practice of law
Tuanda filed an appeal and motion to lift order of
suspension W/N Tuanda was rightfully suspended YES
The offense she was guilty of involved moral
turpitude. Violation of BP 22 is a serious criminal offense which affects public interest and order because it is harmful to put useless papers in circulation
Under S27 and 28 of Rule 138 of the Revised
ROC, she can be suspended for having been convicted of a crime involving moral turpitude
Also, the crimes of which respondent was
convicted also import deceit and violation of her attorney's oath and the Code of Professional Responsibility, both of which she was bound to "obey the laws of the land."
Conviction of a crime involving moral turpitude
might not (as in the instant case, violation of B.P. Blg. 22 does 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.