"x x x.
It is likewise settled that a disbarment proceeding is separate and distinct from a criminal action filed against a lawyer despite having involved the same set of facts. Jurisprudence has it “that a finding of guilt in the criminal case will not necessarily result in a finding of liability in the administrative case. Conversely, the respondent’s acquittal does not necessarily exculpate him administratively.”[28]
Respondent, being a member of the bar, should note that administrative cases against lawyers belong to a class of their own. They are distinct from and they may proceed independently of criminal cases. A criminal prosecution will not constitute a prejudicial question even if the same facts and circumstances are attendant in the administrative proceedings. Besides, it is not sound judicial policy to await the final resolution of a criminal case before a complaint against a lawyer may be acted upon; otherwise, this Court will be rendered helpless to apply the rules on admission to, and continuing membership in, the legal profession during the whole period that the criminal case is pending final disposition, when the objectives of the two proceedings are vastly disparate. Disciplinary proceedings involve no private interest and afford no redress for private grievance. They are undertaken and prosecuted solely for the public welfare and for preserving courts of justice from the official ministration of persons unfit to practice law. The attorney is called to answer to the court for his conduct as an officer of the court.[30] (Citations omitted)
As the records reveal, the RTC eventually convicted the respondent for the crime of Estafa for which he was meted the penalty of sentenced to suffer six (6) years and one (1) day of Prision Mayor as minimum to twelve (12) years and one (1) day of Reclusion Temporal as maximum. Such criminal conviction clearly undermines the respondent’s moral fitness to be a member of the Bar. Rule 138, Section 27 provides that:
SEC. 27. Disbarment and suspension of attorneys by Supreme Court, grounds therefor. – A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice or other gross misconduct in such office, grossly immoral conduct or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before the admission to practice, or for a wilful disobedience appearing as attorney for a party without authority to do so.
x x x."
