PIMENTEL, JR. V.

LLORENTE SALAYON
( FINE ---- P1,000.00/ STERNLY WARNED)
RULE 1.01, LAWYERS OATH
FACTS:
Complaint for disbarment against respondents who were members of the Pasig BOC in the
May 8, 1995 elections for gross misconduct, serious breach of trust, and violation of the
lawyers oath in connection with the discharge of their duties
Salayon--- Chairman of the Board

Llorente---- Vice-Chairman

filed by complainant who was a SENATORIAL candidate

alleged tampering the votes received by them either adding or reducing the number of
votes of particular candidates in their SOVs.
Denied allegations---- the preparation of the SOVs was made by the 12 canvassing
committee which the Board had constituted to assist in the canvassing.
---- claimed that errors pointed out by complainant could be attributed to honest mistake,
oversight, and/or fatigue.
ISSUE: W/N RESPONDENTS ARE GUILTY OF MISCONDUCT
HELD:
YES. A lawyer who holds a government position may not be disciplined as a member of the
bar for misconduct in the discharge of his duties as government official. However, if the
misconduct also constitutes a violation of the CPR or lawyers oath or is of such character as
to affect his qualification as a lawyer or shows moral delinquency on his part, such individual
may be disciplined as member of the bar for such misconduct.
By certifying as true and correct the SOVs in question, respondents committed a breach of
RULE 1.01 of the CODE.
By express provision of CANON 6, this is made applicable to lawyers in government service.
Likewise violated their oath of office as lawyers to do no falsehood.
As lawyers in government service, respondents were under greater obligation to observe this
basic tenet of the profession because a public officer is a public trust.