In re: Basa

41 Phil 275, December 7, 1920

Facts:

Carlos S. Basa, a 29 year lawyer, was charged in the Court of First Instance of the city
of Manila with the crime of abduction with consent. He was found guilty and was
sentenced to be imprisoned for a period of two years, eleven months and eleven days
of prisión correccional. The Attorney-General asked for the disbarment of Attorney
Basa.

Issue:

Whether or not the crime of abduction with consent, as punished by article 446 of the
Penal Code, involves moral turpitude

Ruling:

YES. The Code of Civil Procedure, section 21, provides that "A member of the bar
may be removed or suspended from his office of lawyer by the Supreme Court by
reason of his conviction of a crime involving moral turpitude."

Moral turpitude includes everything which is done contrary to justice, honesty, modesty, or good
morals.

Crime of abduction by consent, means the taking away of a woman from her house, or the place
where she may be found, to another, for the purpose of marrying, or corrupting her (libidinis
causa) with her consent. The essential elements of the crime of abduction with consent are three:
(1) The taking away of a maiden over 12 and below 18 years of age; (2) that the girl shall have
consented to being taken away; and (3) that the act shall have been committed with lewd designs.

Crime of abduction with consent involve moral turpitude. The inherent nature of the
act is against good morals and the accepted rule of right conduct.

It is the order of the court that beginning with the day when Carlos S. Basa shall be
discharged from prison, he be suspended from his office of lawyer for one year. So
ordered.