UNIVERSITY

OF SAN CARLOS
SCHOOL OF LAW AND GOVERNANCE
College of Law

RELEVANT LAWS AND JURISPRUDENCE
(Problem Areas in Legal Ethics)

Module 9

Disciplinary Proceedings (Part 2)

Ø Grounds for discipline (Sec. 27, Rule 138, Rules of Court)
Ø Procedure for disbarment (Rule 139-B, Rules of Court)
Ø Automatic conversion (A.M. No. 02-9-02-SC)
Ø De La Cruz v. Atty. Luna, A.M. No. P-04-1821, August 2, 2007; Samson v.
Judge Virgilio Caballero, A.M. No. RTJ-08-2138, Aug. 5, 2009; Judge
Adoracion Angeles v. Judge Maria Elisa Simpio Diy, A.M. No. RTJ-10-2248,
September 29, 2010
Ø Due process
Ø Rodil v. Corro, et al., A.C. No. 10461, July 30, 2019
Ø Confidentiality Rule
Ø Roque, Jr. v. Catapang, et al., G.R. No. 214986, Feb. 15, 2017
Ø Formal investigation as mandatory requirement
Ø Tabang v. Gacott, A.C. No. 6490, September 29, 2004; Villanueva v. Deloria,
A.C. No. 5018, January 26, 2007)
Ø Burden of proof and proceedings as sui generis
Ø Arienda v. Aguila, A.C. No. 5637, April 12, 2005; burden of proof (Chan v.
NLRC Commissioner Romeo L. Go, et al., A.C. No. 7547, September 4, 2009)
Ø Presumption, burden of proof, weight of evidence, and best evidence rule
Ø Concerned Citizen v. Divina, A.M. No. P-07-2369, November 16, 2011; Aba,
et al. v. Attys. Salvador De Guzman, et al., A.C. No. 7649, Dec. 14, 2011;
Goopio v. Maglalang, A.C. No. 10555, July 31, 2018
Ø Basis for reduction of penalty imposed
Ø Quiambao v. Bamba, A.C. No. 6708, August 25, 2005
Ø Appropriate sanction to be imposed
Ø Advincula v. Atty. Macabata, A.C. No. 7204, March 7, 2007
Ø Failure to answer in administrative proceedings
Ø A-1 Financial Services, Inc. v. Atty. Valerio, A.C. No. 8390, July 2, 2010);
failure to comply order (Sebastian v. Atty. Bajar, A.C. No. 3731, September
7, 2007); silence as implied admission (HDI Holdings Phil., Inc. v. Cruz, A.C.
No. 11724, July 31, 2018)
Ø Can the members of the Board of Governors of the Integrated Bar of the
Philippines be held liable in damages for prematurely recommending
disbarment of a lawyer based on the position papers and affidavits of
witnesses of the parties?
Ø Cadiz v. Presiding Judge, Br. 48, RTC-Puerto Princesa, et al., G.R. No.
178941, July 27, 2011
Ø Filing of motion for reconsideration
Ø Gerona v. Datingaling, A.C. No. 4801, February 27, 2003
Ø Effect of desistance
Ø Wilkie v. Atty. Limos, A.C. No. 7505, October 24, 2008; effect of pardon by
complainant (Tiong v. Florendo, A.C. No. 4428, December 12, 2011); effect
of pending criminal charges (Bayonla v. Reyes, A.C. No. 4808, November
22, 2011); difference between criminal case and administrative case
(Freeman v. Reyes, A.C. No. 6246, Nov. 15, 2011)
Ø Prescription of offense

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 Ø Isenhardt v. Real, A.C. No. 8254, Feb. 15, 2012; Heirs of Alilano v. Examen,
A.C. No. 10132, March 24, 2015
Ø Complaints against lawyers in government service
Ø Fuji v. Dela Cruz, A.C. No. 11043, March 8, 2017


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