SANTECO v AVANCE

DOCTRINE:

 As an officer of the Court, it is a lawyer’s duty to uphold the dignity and authority of
the Court. The Highest form of respect for judicial authority is shown by a lawyer’s
obedience to court orders and processes. The Court have held that failure to comply
with Court directives constitutes gross misconduct, insubordination or disrespect
which merits a lawyer’s suspension or even disbarment.
 Under Section 27, Rule 138 of the ROC, a member of the bar may be disbarred or
suspended from office as an attorney for gross misconduct and/or for a willful
disobedience of any lawful order of a superior court.

FACTS:

 In En Banc Decision, the Court found respondent guilty of gross misconduct for,
among others, abandoning her client’s cause in bad faith and persistent refusal to
comply with lawful orders directed at her without any explanation for doing so. She
was ordered suspended from the practice of law for 5years.
 Subsequently, while respondent’s 5 year suspension was still in effect, Judge
Among-Bocar, sent a letter-report to the OCA informing them that respondent had
appeared and actively participated in 3 cases wherein she misrepresented herself as
Atty. Liezl Tanglao.
 When opposing counsels confronted her and showed to the court a certification
regarding her suspension, respondent admitted and conceded that she is Atty.
Avance, but qualified that she was only suspended for 3 years and that her
suspension has already been lifted.
 Acting on Judge Among-Bocar’s letter-report, the Court, in a Resolution, required
respondent Avance to comment within 10days from notice. Respondent, however,
failed to do so.
 Subsequently, the Courrt reiterated the directive but respondent still failed to
comply despite notice. Hence, in a Resolution, respondent was found guilty of
indirect contempt and was ordered to pay a fine which respondent also failed to do
so.

ISSUE: W/N Atty. Avance should be disbarred?

RULING: Respondent Avance is disbarred for gross misconduct and willful disobedience of
lawful orders fo a superior court.

As an officer of the Court, it is a lawyer’s duty to uphold the dignity and authority of the
Court. The Highest form of respect for judicial authority is shown by a lawyer’s obedience to
court orders and processes. The Court have held that failure to comply with Court directives
constitutes gross misconduct, insubordination or disrespect which merits a lawyer’s
suspension or even disbarment.

Respondent’s attitude in repeatedly ignoring orders of the SC constitutes utter

disrespect to the Judicial institution. Respondent’s conduct indicates a high degree or
irresponsibility. A Court’s Resolution is not to be construed as a mere request, nor should it
be complied with partially, inadequately, or selectively. Respondent’s obstinate refusal to
comply with the Court’s orders not only betrays recalcitrant flaw in her character, it also
underscores her disrespect of the Court;s lawful orders which is only too deserving of
reproof.

Under Section 27, Rule 138 of the ROC, a member of the bar may be disbarred or suspended
from office as an attorney for gross misconduct and/or for a willful disobedience of any
lawful order of a superior court.