G.R. No.: A.C. No. 5834; February 22, 2011 (formerly CBD-01-861)
Case Title: TERESITA D. SANTECO, Complainant, vs. ATTY. LUNA B. AVANCE, Respondent.

FACTS

1. The case originated from an administrative complaint for mishandling a civil case, which led to a December 11, 2003 En Banc Decision finding respondent Atty. Luna B. Avance guilty of gross misconduct. She was suspended from the practice of law for five years and ordered to return a sum of money to her client.
2. While her suspension was still in effect, a Presiding Judge reported that respondent had appeared and actively participated in three cases before her court, misrepresenting herself as “Atty. Liezl Tanglao.” When confronted, she admitted she was Atty. Luna B. Avance but falsely claimed her suspension was only for three years and had been lifted. She subsequently withdrew her appearance.
3. The Court required respondent to comment on this report. She failed to file the required comment despite two directives from the Court.
4. On September 29, 2009, the Court found her guilty of indirect contempt for her continued practice while suspended and her misrepresentation, fining her Thirty Thousand Pesos (₱30,000.00) and issuing a stern warning.
5. A copy of this contempt resolution was sent to and received at her address of record. Despite due notice, respondent failed to pay the imposed fine, as certified by the Court’s Cash Collection and Disbursement Division.

ISSUE

Whether respondent Atty. Luna B. Avance should be disbarred for gross misconduct and willful disobedience of lawful orders of a superior court.

RULING

The Supreme Court DISBARRED respondent Atty. Luna B. Avance.
1. The Court found her conduct fell short of what is expected of an officer of the court, demonstrating a habit of defying its orders. Her actions constituted:
a. Willful disobedience of the suspension order by continuing to practice law.
b. Misrepresentation of her identity to evade the penalty.
c. Failure to comply with two Court orders to comment on the report of her unauthorized practice.
d. Failure to pay the fine imposed by the September 29, 2009 contempt resolution.
2. The Court held that such repeated failure to comply with its directives constitutes gross misconduct, insubordination, and disrespect, which under Section 27, Rule 138 of the Rules of Court, are grounds for disbarment or suspension. The Court cited Sebastian v. Bajar, stating that a cavalier attitude in ignoring Supreme Court orders constitutes utter disrespect to the judicial institution.
3. The Court concluded that by repeatedly disobeying its lawful orders and remaining indifferent to the need for reform, respondent proved herself unworthy of membership in the Philippine Bar and unfit to discharge the duties of an officer of the court, warranting the ultimate penalty of disbarment.
DISPOSITIVE PORTION:
WHEREFORE, respondent ATTY. LUNA B. AVANCE is hereby DISBARRED for gross misconduct and willful disobedience of lawful orders of a superior court. Her name is ORDERED STRICKEN OFF from the Roll of Attorneys.