What is the rationale for disciplining errant lawyers?

What is the nature and characteristics of the proceedings of the power to discipline errant lawyers?
It is neither a civil action nor a criminal proceeding.
o Sui generis, it is a class of its own since it is neither civil nor criminal, but rather are
investigations of the Court into the conduct of one of its ofcers.
It is imprescriptible
It is confdential in nature.
What is in the power of the Supreme Court to discipline errant lawyers?
ule !"#, Section $%, oC&
o ' member of the (ar may be removed or suspended from his ofce as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such ofce, grossly
immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for
any violation of the oath which he is re)uired to ta*e before the admission to practice of for
a willful disobedience of any lawful order of a superior court or for corruptly or willfully
appearing as an attorney for a party to a case without authority so to do. +he practice of
soliciting cases at law for the purpose of gain either personally or through paid agents or
bro*ers constitutes malpractice.
,eceit, malpractice, or other gross misconduct in his ofce as attorney
-alpractice includes soliciting cases at law for the purpose of gain either
personally or through paid agents of bro*ers
.rossly immoral conduct
Conviction of a crime involving moral turpitude
/iolation of the lawyer0s oath
Willful disobedience of a lawful order of a superior court
Willfully appearing as an attorney for a party to a case without authority so to do
What is in the power of the Court of 'ppeals and the egional +rial Court in disciplining errant lawyers?
ule !"12(, Section !3, oC&
o +he Court of 'ppeals or egional +rial Court may suspend an attorney from practice for any
of the causes named in ule !"#, Section $% until further action of the Supreme Court in the
case.
What are the forms of disciplinary measures that may be imposed to erring lawyers? 2 W'4,ISC
Warning
o 'n act or fact of putting one on his guard against an impending danger, evil conse)uences
or penalties
'dmonition
o ' gentle or friendly reproof, mild rebu*e, warning or reminder, counseling, on a fault, error or
oversight5 an e6pression of authoritative advice
eprimand
o ' public or formal censure or severe reproof, administered to a person in fault by his
superior ofcer or a body to which he belongs. It is imposed of a minor infraction of the
lawyer0s duty to the court or client
4robation
o ' sanction that allows a lawyer to practice law under specifed conditions
,isbarment
o +he act of the Supreme Court in withdrawing from an attorney the privilege to practice law.
+he name of the lawyer is stric*en out from the roll of attorneys
Interim suspension
o +he temporary suspension of a lawyer from the practice of law pending imposition of fnal
discipline
o Includes&
Suspension upon conviction of a serious crime
Suspension when the lawyer0s continuing conduct is li*e to cause immediate and
serious in7ury to a client or public.
Suspension
o ' temporary withholding of a lawyer0s right to practice his profession as a lawyer for a
certain period or for an indefnite period of time
,efnite
Indefnite 8 )ualifed disbarment5 lawyer determines for himself for how long or how
short his suspension shall last by providing to court that he is once again ft to
resume practice of law
Censure
o 9fcial reprimand
What are the ob7ectives of disbarment and suspension?
+o compel the attorney to deal fairly and honestly with the court and his client, re)uiring him to be
competent, honorable and reliable
+o remove from the profession a person whose misconduct has proven himself unft for the duties
and responsibilities belonging to the ofce of an attorney
+o punish the lawyer
+o set an e6ample or warning for the other members of the bar
+o safeguard the administration of 7ustice from dishonest and incompetent lawyers
+o protect the public and the court from the misbehavior of its ofcers
What is the prescriptive period for fling administrative complaints against lawyers?
In the case of :ec* vs. Santos, $;;<, +he Supreme Court e6plained that it is the duty of the Court
to protect the integrity of the practice of law as well as the administration of 7ustice. =o matter how
much time has elapsed >$< years? from the time of the commission of the act complained of and
the time of the institution of the complaint, erring members of the bench and bar cannot escape the
disciplining arm of the court. +he nature of cases administrative cases against lawyers as being sui
generis was also mentioned in this case.
What are the grounds for suspension and disbarment of members of the bar?
ule !"#, Section $%, oC&
o ,eceit
@raudulent or deceptive misrepresentation, artifce, or device used by one or more
persons to deceive and tric* another. +here must be false representation as a matter
of fact.
o -alpractice or other gross misconduct in ofce
Aegal malpractice consists of failure of an attorney to use such s*ill, prudence, and
diligence as lawyers of ordinary s*ill and capacity commonly posses and e6ercise in
the performance of tas*s which they underta*e, and when such failure pro6imately
causes damage, it gives rise to an action of tort
.ross misconduct is any ine6cusable, shameful, or Bagrant unlawful conduct on the
part of the person concerned in the administration of 7ustice which is pre7udicial to
the rights of the parties or to the right determination of a cause, a conduct that is
generally motivated by a predetermined, obstinate or intentional purpose
o .rossly immoral conduct
o Conviction of a crime involving moral turpitude
+here must be conviction. :ence, the mere e6istence of criminal charges against the
lawyer cannot be a ground for his disbarment or suspension
o /iolation of lawyer0s oath
o Willful disobedience of any lawful order of the court
o Corruptly or willfully appearing as an attorney for a party to a case without authority to do so
,efne moral turpitude.
-oral turpitude includes everything which is done contrary to 7ustice, honesty, modesty, or good
morals. It involves an act of vileness or depravity in the private duties which a man owed his
fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty
between man and woman, or conduct contrary to 7ustice , honesty, modesty, or good morals
>(arrios vs. -artineC, $;;<?
What are the characteristics of disbarment proceedings?
Sui generis
Imprescriptible
'n investigating 7udge cannot dismiss a case. +he investigating 7udge0s authority is only to
investigate, ma*e a report and recommendation on the case to be submitted to the SC for fnal
determination
+he confdentiality of the proceedings is a privilege which may be waived by the lawyer in whom
and for the protection of whose personal and professional reputation it is vested, as by presenting
the testimony in a disbarment case or using it as impeaching evidence in a civil suit.
,efense of double 7eopardy is not available
Can be initiated by SC motu proprio5 it can be initiated without complaint
It is itself due process of law
In pari delictor rule is not applicable
=o pre7udicial )uestion in disbarment proceedings
-onetary claims cannot be granted e6cept return of properties of the client
What is the three2fold purpose of confdentiality of disbarment proceedings?
+o enable the court to ma*e its investigation free from any e6traneous inBuence or interference
+o protect the personal and professional reputation of attorney0s from baseless charges, and
disgruntled, vindictive, and irresponsible persons or clients by prohibiting the publication of such
charges pending their fnal resolution
+o deter the press from publishing the charges or proceedings based thereon for even a verbatim
reproduction of the complaint against an attorney in a newspaper may be actionable.
:ow are disbarment cases instituted?
-otu proprio >SC, I(4?
+hrough a verifed complaint >with the I(4?
o =9+D& disbarment should not be decreed where any punishment less severe such as
reprimand, suspension or fne would accomplish the end desired.
What is the eEect of death of the lawyer during pendency of disciplinary action against him?
What is the eEect of the desistanceFwithdrawal of complaintFor non2appearance of the complainant in a
disbarment proceeding?
=one. +he complainant in disbarment cases is not a direct party to the case but a witness who
brought the matter to the attention of the Court. @lowing from its sui generis character, it is not
mandatory to have a formal hearing in which the complainant must adduce evidence >Glaya vs.
'tty. .acott, $;!"?
:ow does the doctrine of res ipsa lo)uitur apply to disciplinary cases?
It applies by setting aside the need of a formal investigation or a trial2type proceeding. :ence, in
some cases, 7udges had been dismissed since the records show gross misconduct or in the case of a
lawyer, there is a showing that the lawyer acted with blatant disrespect to the court. >Hy vs.
-ercado, !1#%?
What are mitigating circumstances in disbarment?
'bsence of a prior disciplinary record
'bsence of a dishonest or selfsh motive
4ersonal or emotional problems
+imely good eEort to ma*e restitution or to rectify conse)uences of misconduct
@ull and free disclosure to disciplinary board or cooperative attitude
Ine6perience in the practice of law
Character or reputation
4hysical or mental disability or impairment
,elay in disciplinary proceedings
Interim rehabilitation
Imposition of other penalties or sanctions
emorse
emoteness of prior oEenses
9thers&
o .ood faith
o ,esistance of complainant
o Drror in 7udgment
o 9ld age and long membership
What are aggravating circumstances in disbarment?
4rior disciplinary oEenses
,ishonest or selfsh motive
' pattern of misconduct
-ultiple oEenses
(ad faith
Submission of false evidence
efusal to ac*nowledge the wrongful nature of his conduct
/ulnerability of victim
Substantial e6perience in the practice of law
IndiEerence to ma*ing a restitution
9thers&
o 'buse of authority
o Se6ual intercourse with a relative
o -a*ing the institution of marriage a moc*ery
.uidelines for lifting an order of suspension.
Conditions >for reinstatement5 I(4 guidelines?&
o In no event should the time period prior to application for reinstatement be more than three
years.
o Complete a reinstatement process demonstrating rehabilitation, compliance with all
applicable discipline or disability orders and rules, and ftness to practice law.
o Hpon e6piration of the period of suspension, respondent shall fle a sworn statement with
the Court, through the ofce of the (ar Confdant, stating therein that he or she has desisted
from the practice of law and has not appeared in any court during the period of his or her
suspension5
o Copies of the sworn statement shall be furnished to the local chapter of the I(4 and the
e6ecutive 7udge of the courts where the respondent has pending cases handled by him or
her, andFor where he or she has appeared as counsel.
o +he sworn statement shall be considered as proof of respondent0s compliance with the order
of suspension
What is the eEect of a penalty imposed to a 4hilippine lawyer practicing law abroad to his status here?
Iudgment of suspension against a @ilipino lawyer may transmute into a similar 7udgment in the
4hilippines only if the basis of the foreign court0s action includes any of the grounds for disbarment
or suspension in this 7urisdiction. We li*ewise held that the 7udgment of the foreign court merely
constitutes prima facie evidence of unethical acts as lawyer.
What is the eEect of a misconduct done abroad to a 4hilippine lawyer?
If he commits misconduct outside 4hilippine 7urisdiction, which is also a ground for disciplinary
action under 4hilippine law, he may be suspended or disbarred in this country.