Topic: Rule 6.

02 - A lawyer in the government service shall not use his public position
to promote or advance his private interests, nor allow the latter to interfere with his
public duties.

Vitriolo v. Dasig, A.C. 4984, April 1, 2003, 400 SCRA 172 (2003)

Facts:

Atty. Julito Vitriolo filed a disbarment case against Atty. Felina Dasig on the grounds
of gross misconduct, violation of her lawyer’s oath and for using her public office to
secure financial spoils to the detriment of the dignity and reputation of the
Commission on Higher Education (CHED). 

Atty. Vitriolo and other high ranking officials of CHED alleged that while Atty. Dasig
was OIC of Legal Affairs Service of CHED, used her position to take advantage of
several people through extortion for her favourable action on their pending
applications or request before her office. 

Issue: 

Whether or not Atty. Dasig violated Rule 6.02 of the Code of Professional
Responsibility. 

Ruling: 

Yes. 

Rule 6.02 - A lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to interfere with his
public duties.

In the case at bar, Atty. Dasig tried to extort several students to give them her
favourable action on their pending application or request before her office. 

Therefore, Atty. Dasig violated Rule 6.02 of the Code of Professional Responsibility
because extortion in return of giving favourable actions constitute a breach of Rule
6.02 of CPR for promoting her private interest through monetary value in any
transaction requiring her approval.