TS ON LEGAL AND D JUDICIAL eae SPECIAL TOPIC ON LIABILITIES OF LAWYERS It is settled by jurisprudence is a privileg: burdened with respor bestowed up those who had met lifcations provided for by law. Not all th heaton law. Not all those who graduated fro law degree are permited to practice lw Te eset fora ag graduate to apply and subsequently pass the Bar Examination before he/she is given the license to practice Selif ‘to practice law in all courts ofthe that the right to practice lay sibilities and conditions. It 8 Tis the requirements and the qua Since practice of aw sa privilege, can be akon a any ifthe lawyer shall in the exercie of hs profession i fund wasting inthe requtements to continue exerching aot gn Suspensions Concept. This is the temporary withholding of the lawyer's right to practice his profession as a lawyer for a certain period or for an indefinite period of time.” On the matter of indefinite suspension, see Zaldivar v. Gonzalez” and Estrada v. San diganbayan* as discussed in this book. Inthe case of Alan Paguia v. Office of the President and Hon. Hilario Davide,” the Supreme Court said that once a lawyer is under suspension from the practice of law, he is barred from performing any activity, in of out of court, which requires the application of law, legal procedure, knowledge, training and experience, Certainly, preparing a petition raising carefully crafted arguments on equal protection grounds and employing highly legalistic rules of statutory construction to parse Section 23 of R.A. No, 7157 falls within the proscribed conduet. InManiago v. De Dios the Supreme Court sot the guidelines inthe lifting of an order of suspension, to wits) After « finding that respondent lawyer, the Court shall render a decision imposing the penalty; 2) Unless the Court explicitly states that the decision is immediately executory upon receipt thereof, respondent has 16 days within which to file a motion for reconsideration thereof. The denial of said motion shall render the decision final and executory: Wiagal and ui Bthis, Pind, supra "GAR. No, 176278 Juno 25,2010 017 SCRA 12 weve AND THE CLIENT orn rite Cour, tro the Oe thr ao habe ohne densa rom he i ard nanrsmtrng oe ‘of his or her suspension; 4) Copies of the sworn statement shall be Ce oP pb an wothe Execute Jude I aera enpndeatscomplane: atone sal be ied Dy Snding en por corey fo eo a echawatar berm 1 tment Cons. s poeamaivikinrrag aman ncn ee eteoiaites tancood up te Pppne See ref chaoeneyiagahonontatb Rl Se a eee atng Seeaeeaaahgreeane A ae es eee ee erreretansgupacieestoemoaae Ser Me occecamyesntnegrd aes cesta ear amen renee ee ‘An attorney can be removed or suspended by the Supreme. Fo Malpractice or other gross misconduct in office; Gross immoral conduct Conviction of a crime involving moral turpitude; ‘Any violation of the lawyer's oath; Willful disobedience of any lawful order of a superior court; oF Cormatianaitllnanpenting san siorney without authority. ® @eee8e "See Ral 138, Rul of Curea (COMMENTS ON LEGAL AND JUDICIAL ETHICS In the recent ease of Mareoleta v. Borra,” the Supreme Court made n categorical ruling that an impeachable officer whois meme of the Bar cannot be disbarred without firt being impeached. Honesty is the lawyer's best policy. He must serve his cl 7 with zl anda pd iy Desopton prs th cur oe the lent isa ground for dacpinary ation gaint am ering lash yer. In ove ens lawyer wan disbarred fom the pact ty by falityng his graden inthe Bar Examination. Ascring clan that his cae canal be appealed despite he fat thatthe decinag has already become final and executory is a deceit on the part of tha lawyer, which could abject hi odacginay action” 2. Malpractice or Other Gross Misconduct in Office A lawyer is required to serve his cliont with utmost good faith, exercising the diligence of good father of the family in handling ‘a client's affair. For a lawyer to act contrary to the tenets of his lawyer's oath is clearly a case of malpractice and thus, a ground for — suspension or disbarment under the Rules of Court. The following fare malpractices: @) Lawyer representing conflicting interests; B) Misappropriation of client's funds and properties: 6) Failure to filed imely-appeal thus reaulting to the finality ofthe decision;d) egal advertisement; @) Acquiring client's property in violation of Article 11491 of the Civil Code; Preparation of fictitious documents such ‘as Deed of Sale or Declaration of Heirships@) Charging of exorbitant ‘attorney's fees) Champertous Contract, ete. : In the case of Isidra Barrientos v. Atty. Eleriza Libiran- ‘the Supreme Court said tha failure to pay just debts ‘and the, misconduet warranting the imposition Here the lawyer was suspended for six months from the practice of law by reason of gross misconduct. The same thing happened in the case of Ana Chua, et al. v. Atty. Simeon Mesina, Jr. where TERR SCRA (74 In re Del Roan, 62 Phil 998 Melgrto Barba, 68 Pil 613. AC. No, 6408, August 31,2004, "KC. No, 4904, Auust 32, 2006 CHAPTER THE LAWYER AND THE grows gusconds the Supreme Court disbarred the layer Gt A ee towing ata aguas hs cent iter Soriano cease stor Der of Alte Ta socvade payment of cxpal guns tee: 2 eee ae her document, a mulated Deed ‘convincing his clients to execute anot . - of Abnclute Sale wherein they made i appear that expsinanss reconveyed the Melencio property When oe fy 2. 1990, respondent lawyer inveigled his owa clients. ¢ Ne ever va him tne owe copy of bn mater Chie upon the misrepresentation that be would, in four months have a deed of sale executed by his mother in favor of complainants Note that the foregoing case should be differentiated with the facts in Toledo v. Abalos,” where the Supreme Court held that mere non-payment of debt is not a valid ground to disbar a lawyer. In the previous case, aside from not paying his debt, the lawyer sued a worthless check which constitutes a criminal offense for violation of B.P. Blg. 22, a malum prohsbitum. In one recent ease." the Supreme Court suspended lawyer from the practice law for one year for acquiring bis client's property by exercising the right of redemption previously assigned to him by the client in payment of his legal services in gross violation of Article 1492 of the Civil Code notwithstanding that the act was committed in the territory of Guam which resulted to his suspension in that foreign territory. Said the Supreme Court: “The disbarment or suspension of a member of the Philippine Bar by a competent court or other disciplinary agency in @ foreign jurisdiction here he has also been admitted as an attorney is @ ground for his disbarment or suspension if the basis of such action includes any of the acts provided for in Section 27, Rule 188 of the Revised Rules of Court as. amended.” 3. Grossly Immoral Conduct Note that an immoral conduct is wot punishable per ar as to warrant the suspension or disbarment of an attorney. What is punished under the Rules of Court is the commission of grossly Sais SCRA 19 Jnr: Suspension from the Practice of Lew in the Teitry of Gums [son G. Maquer, 435 SCRA 417 —COMMENTS ON LEGAL AND JUDICIAL ETHICS immoral conduct. An immoral conduct must b ral endu. uct must be gross oF serious warrant disciplinary action against an erring lamyer, Relate (2 this, the Supreme Court has ruled that mere intimacy is not wie ficient ground for disbarment of a lawyer In Tucay v. Tucan the Supreme Court held tht a lawyer carrying on a ists with a married woman is a grossly iiamorel conduct and only te immoral conduct and only eine of an eae ow re fr th finer et In a more recent case of Eduardo Cojuangeo, dr. Atty, Leo Palma the Supreme Cour dcbared the report lawyer for gross immorality by contracting a second marriage to one Maria Luisa Cojuangeo, daughter of business magnate Edurde Cojuangco, Jr, notwithstanding the subsistence of his prior ma riage to Elizabeth Hermosisima to whom he begot three children Said the Supreme Court, “This is not the first occasion that ce censure immorality. Thus, we have somehow come up sith @ common definition of what constitutes immoral conduct, fen that conduct which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good + and respectable members of the community. Measured against this definition, respondent's act is manifestly immoral. First hhe cbandoned his lauful wife and three children. Second, he lured an innocent young woman into marrying him. And third, he misrepresented himself as a ‘bachelor’ so he could ‘contract marriage in a foreign land.” In an en bane decision promulgated on June 30, 2005." the: ‘Supreme Court struck down the motion to vacate decision filed by ‘Atty. Pala for being devoid of merit, According to the High Court “Before [The Court} write[s} finis[h) to this case, [the Court] findts] it necessary to stress certain points in ieee of the reapondent’s additional reason why he should rorihat he loves all his children and has thoays provided for them. He may have indeed provided twell for his children. But this accompl his moral fitness to continue lishment is not sufficient to show Being a member of the noble Reyes v- Wong. 63 SCRA 667. 918 SCRA 22 A.C. No, 2474, September SRC. No, 2474, June 30, 2005, 462 SCRA 310. CHAPTER Iv THE LAWYER AND THE CLIENT profession of aw. It hax always been the duties of parents Pree to support, educate and instruct their children aceading to right precepts and good example: and to give thom love, companionship and understanding, as well Gn moral and spiritual guidance. But what respondent Jarot is that he has also duties to his wife, As a husband, helo obliged to live with her; observe mutual love, respect wed fidelity: and render help and support. And most Unportant of all, he is obliged to remain faithful to her until death. The undeniable truth i that respondent married Lisa while his marriage with Elizabeth Hermosisima was ill subsisting, Such act constitutes grossly immoral con- duct, a ground for disbarment under Section 27, Rule 138 of the Revised Rules of Court. Obviously, he exhibited a deplorable lack of that degree of morality required of him fas member of the Bar. He made a mockery of marriage, @ sacred institution demanding respect and dignity. In Cordova v. Cordova, (the Court] held that: The moral delinquency that affects the fimeas of a member of the bar fo continue as such includes conduct that outrages the generally accepted moral standards of the community, Conduct for instance which makes a mockery of the invio~ Table social institution of marriage.” It bears stressing that the facts in the foregoing case is akin to that of Macarrubo v. Macarrubo, where the Supreme Court disbarred a lawyer for gross immorality for starting to live as hus- ‘band and wife with another woman when his first marriage was not xyet annulled and was still subsisting. Here, the lawyer entered into ‘multiple marriages which is an affront to the legal profession. 4. Conviction of a Crime Involving Moral Turpitude ‘Moral turpitude has been defined as including any act done contrary to justice, honesty or good morals. It refers to moral depravity, vileness or baseness of character. Some of the crimes which involve moral turpitude are: a) adultery; b) bigamy; e) libel; ~ @) violation of B.P, Blg. 22; e) Estafa; f) forgery; g) seduction; 1 faideation of pubic documents 9 murders ) mutilation; and ‘many others.