JOSEFINA ROYONG, complainant, vs. ATTY

Jun 16th, 2015
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1.ATTORNEYS-AT-LAW; DISBARMENT; STATUTORY ENUMERATION OF GROUNDS NOT EXCLUSIVE; INHERENT POWER OF COURT TO EXCLUDE UNFIT MEMBERS OF THE PROFESSION. — The enumeration in Section 25, Rule 127 of the Rules of Court, of the grounds upon which disbarment proceedings may be based, is not exclusive. The power of the courts to exclude unfit

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EN BANC[A.C. No.376. April 30, 1963.]JOSEFINAROYONG,complainant,vs.ATTY. ARISTONOBLENA,respondent.SYLLABUS1.ATTORNEYS-AT-LAW; DISBARMENT; STATUTORY ENUMERATION OF GROUNDS NOT EXCLUSIVE; INHERENT POWER OF COURT TO EXCLUDE UNFIT MEMBERS OF THE PROFESSION. The enumeration in Section 25, Rule 127 of the Rules of Court, of the grounds upon which disbarment proceedings may be based, is not exclusive. The power of the courts to exclude unfit and unworthy members of the legal profession is inherent; it is a necessary incident to the proper administration of justice, and may be exercised without any special statutory authority, and in all proper cases unless positively prohibited by statute. The power may be exercised in any manner that will give the party to be disbarred a fair opportunity to be heard. (I Francisco, Rules of Court [1958 ed] 608, citing in Re Pelaez, 44 Phil., 567). The statutes enacted by the legislature or the rules promulgated by the Supreme Court by virtue of its rule-making power do not restrict the general powers of the court over attorneys, who are its offices, and who, as such, may be removed for other than statutory grounds (7 C.J.S. 734).2.ID.; ID.; ID.; RULE ON DISBARMENT BROAD ENOUGH TO COVER ANY MISCONDUCT. The moral turpitude for which an attorney may be disbarred may consist of misconduct in either his professional or non-professional activities (5 Am. Jur. 417). The rule is so phrased as to be broad enough to cover pract

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