Chapter Xvi Suspension and Disbarment
Chapter Xvi Suspension and Disbarment
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. 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)
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)
- 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
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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)