AC 7940; (April, 2012) (Digest)
A.C. No. 7940; April 24, 2012
RE: SC DECISION DATED MAY 20, 2008 IN G.R. NO. 161455 UNDER RULE 139-B OF THE RULES OF COURT, vs. ATTY. RODOLFO D. PACTOLIN
FACTS
Atty. Rodolfo D. Pactolin, then a Sangguniang Panlalawigan member, filed a complaint with the Office of the Deputy Ombudsman-Mindanao against Mario R. Ferraren, an Officer-in-Charge of Ozamis City, for alleged illegal disbursement of public funds. Attached to the complaint was a copy of a letter from a volleyball coach, Elmer Abastillas, which Atty. Pactolin claimed showed Ferraren’s approval. Ferraren, in turn, filed a criminal complaint for falsification of public document against Atty. Pactolin before the Sandiganbayan, asserting the attached letter was spurious and altered to implicate him.
The Sandiganbayan found Atty. Pactolin guilty of falsification under Article 172 of the Revised Penal Code in a decision dated November 12, 2003. His conviction was affirmed with finality by the Supreme Court on May 20, 2008. The Court, treating the matter as an administrative complaint under Rule 139-B, referred the case to the Integrated Bar of the Philippines (IBP). The IBP Commission on Bar Discipline recommended dismissal due to complainant Ferraren’s non-participation, a recommendation the IBP Board of Governors adopted.
ISSUE
Whether Atty. Rodolfo D. Pactolin should be disbarred following his final conviction for the crime of falsification.
RULING
Yes, Atty. Pactolin is ordered disbarred. The Supreme Court clarified that in a disbarment proceeding based on a final criminal conviction, it is no longer tasked with reviewing the merits of that conviction. The sole relevant consideration is the effect of the conviction under the Rules of Court. Section 27, Rule 138 explicitly provides that a lawyer may be disbarred or suspended upon conviction of a crime involving moral turpitude.
The crime of falsification of a public document has been consistently ruled by the Court to involve moral turpitude. Moral turpitude encompasses acts contrary to justice, honesty, modesty, or good morals, indicating baseness and depravity. Atty. Pactolin’s final conviction for falsification therefore conclusively establishes a ground for disbarment. The Court emphasized that while disbarment is a severe penalty exercised with great caution, it is the appropriate sanction for a final judgment of a crime involving moral turpitude. His conduct demonstrated a failure to uphold the honesty and integrity required of a member of the Bar. Consequently, Atty. Rodolfo D. Pactolin is DISBARRED and his name is ORDERED STRICKEN from the Roll of Attorneys.