Chapter Xvi Suspension and Disbarment

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Chapter XVI SUSPENSION AND DISBARMENT

>> how about the lower courts? either court can only impose
suspension or a lesser disciplinary sanction after giving
CONDITIONS TO REMAIN IN GOOD STANDING AS MEMBER the lawyer concerned the opportunity to be heard on
OF THE PHILIPPINES BAR: reasonable notice.6 It cannot disbar a lawyer although it
may recommend his disbarment to the Supreme Court in
1. Adherence to rigid standards of mental fitness; the order suspending him.

2. maintenance of the highest degree of morality, faithful WHY DISCIPLINE?


compliance with the rules of the legal profession, and; - A disciplinary action is premised on the assumption that
members of the bar should be competent, honorable and
3. regular payment of membership fees to the Integrated reliable, persons in whom courts and clients may repose
Bar of the Philippines
confidence.8
> DISBARMENT PROCEEDINGS? to ascertain if a lawyer, in
- any breach of any of these conditions makes him unworthy
view of the imputed misconduct, still possesses those
of the trust and confidence which the courts and clients must
qualifications which are conditions precedent for the
repose in him or unfit to continue in the exercise of his
professional privilege. continuous practice of law.9
- in order to deter others from similar misconduct and as
WHO HAS THE AUTHORITY TO DISCIPLINE? indication to the public that the courts will maintain the
ethical standards of the profession.11
the Supreme Court -is intended to protect the court and the public from the
Article 8, sec. 5 (5) misbehavior of its officers,12 safeguard the
administration of justice from incompetence and
(5) Promulgate rules concerning the protection and enforcement of dishonesty of lawyers,13 and preserve the purity of the
constitutional rights, pleading, practice, and procedure in all courts, the legal profession by removing from its ranks those who
admission to the practice of law, the integrated bar, and legal assistance
have shown to be unfit and unworthy to remain in it.
to the under-privileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish,
NATURE? Administrative case: clearly preponderant evidence
increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless is all that is required
disapproved by the Supreme Court. - confidential in nature until their final determination
authority to do so and solicitation of cases at law for the
GROUNDS FOR DISCIPLINE: purpose of gain either personally or through paid agents
> gross misconduct as “any inexcusable, shameful, flagrant, or brokers).
or unlawful conduct on the part of the person concerned in the
administration of justice which is prejudicial to the rights of NOTE: the enumerated grounds are not exclusive…
the parties or to the right determination of a cause.”
—— Section 27 of Rule 138 of our Rules of Court enumerates
> Malpractice ordinarily refers to any malfeasance or the grounds for disbarment or suspension, as follows:
dereliction of duty committed by a lawyer.
SEC. 27. Disbarment or suspension of attorneys by Supreme
> Unprofessional conduct in an attorney is that which Court; grounds therefor. — A member of the bar may be
violates the rules on ethical code of his profession or which is disbarred or suspended from his office as attorney by the
unbecoming a member of that profession. Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by
NOTE: the grounds for disbarment or suspension of a lawyer reason of his conviction of a crime involving moral turpitude,
consist of those acts of misconduct committed: or for any violation of the oath which he is required to take
before admission to practice, or for a willful disobedience of
1. before (which indicate that at the time the lawyer took his any lawful order of a superior court, or for corruptly or
oath he did not possess the required qualifications for willfully appearing as an attorney for a party to a case
membership in the bar, such as good moral character, without authority so to do. The practice of soliciting cases at
citizenship, completion of the educational requirements law for the purpose of gain, either personally or through paid
and passing the bar examinations. Anything which shows agents or brokers, constitutes malpractice.
that he has none of any of these qualifications will justify
cancellation of his license) and; I. RE: PRIOR TO THE ADMISSION TO THE BAR

2. after his admission to practice (are those which cause loss Since a lawyer enjoys the presumption that he has all the
of moral character on his part or involve violation of his required qualifications for membership in the bar at the time
duties to the court, to his client, to the legal profession and he took his oath of office, two important requisites must concur
to the public. They include deceit, malpractice, gross before he may be suspended or disbarred for misconduct
misconduct in office, conviction of a crime involving moral committed before his admission…
turpitude, grossly immoral conduct, violation of the
lawyer’s oath, willful disobedience of lawful order of the
court, corruptly appearing as a lawyer for a party without
1. the act imputed to him must be so corrupt and false as to Atty. de Vera vehemently insists that the foregoing facts do
constitute a criminal act or so unprincipled as to be not prove that he misappropriated his client’s funds as the
reprehensible to a high degree.64 latter’s father (the elder Willis) gave him authority to use the
same and that, unfortunately, the hearing officer did not
2. that the act charged must be established by a clearly consider this explanation notwith- standing the fact that the
preponderant evidence.55 elder Willis testified under oath that he “expected de Vera
might use the money for a few days.”
HOW ABOUT MISCONDUCT COMMITTED OUTSIDE
PHILIPPINE JURISDICTION? By insisting that he was authorized by his client’s father and
attomey-in-fact to use the funds, Atty. de Vera has impliedly
(Velez v. De Vera) admitted the use of the Willis funds for his own personal use.

Facts: 1. An administrative case against Atty. de Vera In fact, Atty. de Vera did not deny complainant’s allega- tion
in the latter’s memorandum that he (de Vera) received
was filed before the State Bar of California, docketed then as US$12,000.00 intended for his client and that he deposited
Adm. Case No. 86-0-18429. It arose from an insurance case said amount in his personal account and not in a separate
Atty. de Vera handled involving Julius Willis III who figured trust ac- count and that, finally, he spent the amount for
in an automobile accident in 1986. Atty. de Vera was personal purposes.
authorized by the elder Willis (father of Julius who was given
authority by the son to control the case because the latter was SC: Violated …
then studying in San Diego California) for the release of the
funds in settlement of the case. Atty. de Vera received a check CANON 16. A LAWYER SHALL HOLD IN TRUST ALL
in settlement of the case which he then deposited to his MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
personal account; COME TO HIS POSSESSION.

2. The Hearing referee in the said administrative case Rule 16.01. A lawyer shall account for all money or property
recommended that Atty. de Vera be suspended from the collected or received for or from the client.
practice of law for three years; and
Rule 16.02. A lawyer shall keep the funds of each cli- ent
3. Atty. de Vera resigned from the California Bar which separate and apart from his own and those of others kept by
resignation was accepted by the Supreme Court of California. him.
PENALTY - not disbarment, considering that the money involved is law for one year. (Benguet Electric Cooperative, Inc. v. Flores,
only USD 12, 000. Suspension is proper. 287 SCRA 449 (1998))

>> NOTE: The judgment, resolution or order of the foreign 4. Preferring false charges
court or disciplinary agency shall be prima facie evidence of
5. Introducing false evidence
the ground for disbarment or suspension.60
- If a lawyer, through negligence in the performance of his
If he commits a misconduct outside Philippine jurisdiction,
duties as counsel for a party, failed to discover the falsity of
which is also a ground for disciplinary action under Philippine
the document which he offered in evidence, he may still be
law, he may be suspended or disbarred in this country.
dealt with administratively notwithstanding lack of intent on
- The disbarment or suspension of a member of the his part to deceive. For a lawyer who introduces in evidence a
document which turns out to be false, in the preparation of
Philippine Bar by a competent court or other disciplinary
which he has nothing to do, may nevertheless be reprimanded
agency in a foreign jurisdiction where he has also been
for failure to exercise care and prevent confusion and delay in
admitted as an attorney is a ground for his disbarment or
the disposition of the case. (Berenguer v. Carranza, 26 SCRA
suspension if the basis of such action includes any of the
673 (1969))
acts herein above enumerated.
6. Blackmail (canon 19)

- Blackmail is “the extortion of money from a person by


II. RE: AFTER ADMISSION
threats of accusation or exposure or opposition in the public
A. BREACH OF DUTIES TO THE COURT prints, ...obtaining of value from a person as a condition of
refraining from making an accusation against him, or
1. Obstructing justice and abuse of legal process disclosing some secret calculated to operate to his prejudice.

2. Misleading the court 7. Willfully disobeying court orders and disrespect to the court

3. Forum shopping -For willfully disobeying a court order, he may not only be
cited and punished for contempt but may also be disciplined
- A willful violation of the non-forum shopping rule as an officer of the court
constitutes direct contempt of court and makes the lawyer
liable administratively, such as suspension from practice of
- “willful” conveys the idea of flagrant misconduct such as - Mere negligence or inattention which produces no pecuniary damage
would indicate a disposition on the part of a lawyer so to the client may only justify reprimand or censure151 except when the
refractory in its character as to affect his qualifications and breach of duty to client also constitutes gross violation to his duty to the
standing for the further exercise of his office as attorney. court.

- It is well to emphasize again that a resolution of the - If the material prejudice to the client is the result of the lawyer’s gross
Supreme Court is not be construed as a mere request, nor or inexcusable negligence, the lawyer may not only be disciplined for
should it be complied with partially, inadequately or such misconduct160 but may also be held liable for damages.
selectively. Court orders are to be respected not because the
justices or judges who issue them should be respected, but NOTE: A lawyer may also be disciplined for inexcusable
because of the respect and consideration that should be ignorance of the law.
extended to the judicial branch of the government. (Yap-
Paras v. Paras) 2. Employment of unlawful means (canon 19)

8. Using vicious or disrespectful language against the judge 3. Deceit or misrepresentation

- The fact that a lawyer never intended either to offend the judge or to 4. Representing adverse interests and revealing client’s
be recreant to his duty to observe and maintain the respect due the court secrets.
and its incumbent constitutes no excuse for the defamatory words used
- In the absence of written consent on the part of the clients
(Rheem of the Phil. v. Ferrer, 20 SCRA 441 (1967))
concerned, a lawyer may not represent conflicting interests
9. Continuing practice after suspension - A lawyer may be disbarred for without being disciplined for such misconduct.179 The reason
continuing to practice after his suspension from the practice of law. is that the representation of conflicting interests not only
constitutes malpractice180 but also a violation of the
B. BREACH OF DUTIES TO THE CLIENT confidence which results from the attomey-client relationship,
of the oath of a lawyer in that he did not serve his client’s
1. negligence in the performance of duties (canon 18)
interest well and of his duty both to the client and to the
- To warrant suspension or disbarment, however, the negligence or court.1
carelessness in the performance of duty should not only be gross in
character149 but should have caused material prejudice to the client’s - Where the representation of adverse interests is with the
interest as well. consent of all parties concerned, with the lawyer explaining
the consequences of such representation, he cannot be held
administratively liable therefor.188 But while such consent 9. Willfully appearing without being retained
exempts him from administrative liability, the
representation of adverse interest may not make his
conduct less unethical. C. BREACH OF DUTIES TO THE BAR
5. Purchasing client’s property in litigation 1. Unethical Conduct - Unprofessional conduct is that which
violates the rules or ethical code of the legal profession or
>>>EXN:
which is unbecoming of a member of the bar.
1. a lawyer may not be disciplined for purchasing his
2. Defaming fellow lawyers - It is unethical for a lawyer to use
client’s property that is not in litigation, or
soliimproper and objectionable language against another
2. for acquiring it at a time when he was not or had lawyer or to accuse him wantonly and maliciously of a serious
ceased to be the client’s counsel misconduct in the absence of reasonable cause.2

3. or when the litigation had terminated.198 -And the fact that a lawyer did not act with malice or bad
faith in making certain statements prejudicial to another
6. Failure to account or misappropriating client’s property lawyer furnishes no basis for charging him with unethical
practices.235
violation of Rule 16.01 which states that a lawyer shall
account for all money or property collected or received for or 3. Communicating with the adverse party - suspension from the
from the client and warrants sever sanction, such as practice of law for three months. (communicate with the
disbarment.200 counsel or to the counsel)

7. Collecting unreasonable fees 4. Encroaching upon the business of another

- Where, however, a law fixes a maximum amount which a 5. Soliciting business


lawyer may charge his client for his professional services in a
particular matter, the collection of more than what the law 6. Advertising
allows constitutes malpractice sufficient to justify disciplinary
7. Cooperating in illegal practice of law
action against the lawyer.217
8. Non-payment of IBP Dues
8. acting without authority
D. OTHER GROUNDS FOR DISCIPLINE 1. For abandoning his lawful wife, living adulterously
with another woman, with whom he begot children and
1. Non-professional Misconduct thereafter marrying her. (toledo v. Toledo)
GR: a lawyer may not be suspended or disbarred, and the 2. In Obusan v. Obusan, Jr., a lawyer was disbarred
court may not ordinarily assume jurisdiction to discipline after complainant proved that he had abandoned her and
him, for misconduct in his non-professional or private maintained an adulterous relationship with a married
capacity. woman.
EXN: the misconduct outside of the lawyer’s professional
dealings is so gross a character as to show him to be morally 3. In Dantes v. Dantes, respondent’s act of engaging in
unfit for the office and unworthy of the privilege which his illicit relationships with two different women during the
license and the law confer on him, the court may be justified subsistence of his marriage to the complainant constitutes
in suspending or removing him from the office of attorney. grossly immoral conduct warranting the imposition of
appropriate sanctions.
2. Gross Immorality
4. In Delos Reyes v. Aznar, it was ruled that it was
Immoral conduct is that conduct which is so willful, highly immoral of respondent, a married man with children,
flagrant, or shameless as to show indifference to the opinion to have taken advantage of his position as chairman of the
of good and responsible members of the community. college of medicine in asking complainant, a student in said
college, to go with him to Manila where he had carnal
- A grossly immoral act is one that is so corrupt and false as to
knowledge of her under the threat that she would flank in all
constitute a criminal act or so unprincipled or disgraceful as
her subjects in case she refused.
to be reprehensible to a high degree.
5. In Cojuangco, Jr. v. Palma, respondent lawyer was
*Apparently cohabitation per se is not grossly immoral. READ
disbarred when he abandoned his lawful wife and three
(Arciga v. Maniwang)
children, lured an innocent woman into marrying him and
>> Disbarment of a lawyer for grossly immoral conduct is misrepresented himself as a “bachelor” so he could contract
illustrated in the following cases: marriage in a foreign land.

6. In Macarrubo v. Macarrubo, respondent entered into


multiple marriages and then resorted to legal remedies to
sever them.
7. In Tucay v. Tucay, respondent contracted marriage Examples: estafa or swindling,306 falsification of public
with another married woman and left complainant with
document,306 smuggling,307 bribery,308 murder,309
whom he has been married for thirty years.
bigamy,310 abduction,311 seduction,312 concubinage,313 and
>>> WHAT QUANTUM OF PROOF IS NEEDED IN violation of Batas Pambansa Big. 22.314
DISBARMENT? clear preponderance of evidence
* In a disciplinary proceeding against a lawyer based on his
- does not refer to the quantity, but to the weight and value of the conviction of a crime involving moral turpitude, the
evidence sufficiency or legality of the conviction is no longer at issue
even if the lawyer asserts that the judgment is a judicial
NOTE: When deciding upon the appropriate sanction, error. The judgment of conviction is no longer reviewable, that
the Court must consider that the primary purposes of being after its finality a closed matter.
disciplinary proceedings are (1) to protect the public; to
foster public confidence in the Bar; (2) to preserve the Q: Is homicide a crime of moral turpitude?
integrity of the profession; and to deter other lawyers from
similar misconduct. Soriano v. Dizon - Homicide may or may not involve moral
turpitude depending on the degree of the crime. Moral
* Censure or reprimand is usually meted out for an isolated turpitude is not involved in every criminal act and is not
act of misconduct of a lesser nature. shown by every known and intentional violation of statute,
but whether any particular conviction involves moral
turpitude may be a question of fact and frequently depends on
all the surrounding circumstances…HOWEVER, Atty. Dizon
3. Conviction of a crime involving moral turpitude
was definitely the aggressor, as he pursued and shot
“moral turpitude” means anything which is done contrary complainant when the latter least expected it. The act of
aggression shown by respondent will not be mitigated by the
to justice, honesty, modesty or good morals,302 or to any act
fact that he was hit once and his arm twisted by complainant.
of vileness, baseness or depravity in the private and social
Under the circumstances, those were reasonable actions
duties that a man owes his fellowmen or to society, contrary
clearly intended to fend off the lawyer’s assault. To make
to the accepted rule of right and duty between man and
matters worse, respondent wrapped the handle of his gun with
man.303 a handkerchief so as not to leave fingerprints. In so doing, he
betrayed his sly intention to escape punishment for his crime.
4. Promoting violation of penal laws 8. act of not paying a just debt and issuing bounching check

5. Misconduct in the discharge of duties as a public officer.

GR: a lawyer who holds a government office may not be


CHAPTER XVII
disciplined as a member of the bar for misconduct in the
discharge of his duties as a government official.
PROCEDURE FOR DISCIPLINE AND REINSTATEMENT
EXN: If the misconduct of a government official is in violation
of the Code of Professional Responsibility or of his oath as a >> nature: NOT A CIVIL ACTION - involves no private interest. The
lawyer or is of such a character as to affect his qualifications
as a lawyer or to show moral delinquency, he may be complainant or person who called the attention of the court to the
disciplined as a member of the bar on such ground. (Pimentel, attorney’s misconduct is in no sense a party and has generally
Jr. Llorente)
no interest in its outcome except as all good citizens may have in
6. Commission of fraud or falsehood - A lawyer may be suspended the proper administration of justice.
or disbarred for committing fraud, deceit or falsehood in his
private dealings.
NOT A CRIMINAL ACTION - Disbarment, therefore, is not meant
7. Misconduct as notary public as a punishment depriving him of a source of livelihood but is
Research Jurat versus Acknowledgment rather that those who exercise this function should be
competent, honorable and reliable in order that courts and the
- A lawyer may also be disciplined for notarizing a document
in the absence of the affiant (Sillano v. Pangan) public may rightly repose confidence in them.

- A lawyer who, not being a notary public or whose


* IT IS A JUDICIAL PROCEEDING. Desistance or withdrawal of
commission had expired, notarizes a document commits the
serious crime of falsification and he may be disbarred for such the disbarment case does not exonerate respondent. A case of
gross misconduct, especially if he makes use of the falsified suspension or disbarment may proceed regardless of interest
document as a means to defraud another379 or as an evidence
in court or lack of interest of the complainant.
* In view of the nature of disciplinary proceedings, a filed with the IBP, shall immediately be forwarded to the
complaint for disbarment or suspension is imprescriptible. Supreme Court for disposition and adjudication.
(Heirs of Lydio Falame v. Baguio)
- Complaints for disbarment may not lie against impeachable
> CONFIDENTIAL IN NATURE… why? officers of the government during their tenure because they
may only be removed from office by impeachment for and
1. to enable the court to make its investigation free from any conviction of certain offenses.
extraneous influence or interference;
- A proceeding for suspension or disbarment being neither
2. to protect the personal and professional reputation of
civil nor criminal in nature but one presented sui generis,
attorneys from baseless charges of disgruntled, vindictive
there is no complainant nor prosecutor to speak of.
and irresponsible persons or clients by prohibiting the
publication of such charges pending their final resolution; WHAT CONSTITUTES A COMPLAINT? A complaint for
and disciplinary action must allege specific facts which constitute
particular breach(es) or violation(s) of law or Code of
3. to deter the press from publishing the charges or
Professional Responsibility or legal ethics. Due process so
proceedings based thereon for even a verbatim
requires.
reproduction of the complaint against an attorney in a
newspaper may be actionable. DOCTRINE OF RES IPSA LOQUITUR:
WHO MAY FILE? ANYONE - it is not necessary that there be injury, Where the facts of record sufficiently provide the basis for the
since lawyering involves public interest determination of a lawyer’s administrative liability, he may
be disciplined or disbarred by the Supreme Court without
- Proceedings for the disbarment, suspension, or discipline of
further inquiry or investigation into the matter under the
attorneys may be taken by the Supreme Court motu proprio,
principle of res ipsa loquitur. A trial type hearing is not
or by the Integrated Bar of the Philippines (IBP) or upon
necessary, respondent having been fully heard in his
verified complaint of any person.
pleadings. The requirement of due process is satisfied, for
- all charges against Justices of the Court of Appeals and the what due process abhors is the absolute lack of opportunity to
Sandiganbayan, and Judges of the Court of Tax Appeals and be heard.
lower courts, even if lawyers are jointly charged with them,
DEFENSES:
shall be filed with the Supreme Court, and such charges, if
1. defenses as are consistent with truth and good faith
2. accept his misdeeds and ask for leniency so as to mitigate
his liability.

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