In the matter of the suspension of HOWARD D.
Issue: WON the connection of the accused with the
TERRELL FROM THE PRACTICE OF LAW (Per Curiam)
Facts:
- Terrell was ordered to show cause in the CoFI (Manila)
on February 5, 1903 for the following reasons:
-Assisted in the organization of Centro Bellas
Artes Club after being notified that the same
was made for evading the law in the said city
- Acted as an attorney for the same
- Terrell appeared in court and denied all allegations
- After reading the testimonies, the case of US v Terrell
(where he was charged with estafa), and after reading
the affidavits filed, court below found that the charges
were true
- He was suspended from his office and as a
lawyer in the PI
- Ordered to transmit to the SC a certified copy
of the order of suspension as well as a fill
statement of the facts
organization of the Centro Bellas Artes Club were of
such nature and character as to warrant his
suspension from practice
Ruling: Yes
Ratio: The promoting of organizations, with
knowledge of their objects, for the purpose of violating
or evading the laws against crime constitutes such
misconduct on the part of an attorney, an officer of the
court, as amounts to malpractice or gross misconduct
in his office, and for which he may be removed or
suspended. (Code of Civil Procedure, sec. 21.)
With regard to the ruling in the case of US v Terrell, the
charge in the said case was estafa, and as such, the
acquittal of the accused from the same is appropriate.
This case however, is concerned with the practice of
law, and not criminal in nature.
DECISION: SUSPENDED from the practice of law for a
term of one year from February 7, 1903. It is so
ordered.
D. David