Professional Documents
Culture Documents
ideal standard of professional conduct, to make use of its powers to deprive him of
his professional attributes which he so unworthily abused.
Rule 1.01 of the Code of Professional Responsibility states that a lawyer shall not
engage in unlawful, dishonest, immoral or deceitful conduct. The Code exacts from
lawyers not only a firm respect for law, legal processes but also mandates the
utmost degree of fidelity and good faith in dealing with clients and the moneys
entrusted to them pursuant to their fiduciary relationship.
Pursuant to Section 27, Rule 138 of the Rules of Court, respondent may either be
disbarred or suspended for committing deceitful and dishonest acts. This rule
provides
that
in
any
of
the
following
circumstances,
to
wit:
(1) deceit; (2) malpractice; (3) gross misconduct; (4) grossly immoral conduct;(5)
conviction of a crime involving moral turpitude; (6) violation of the lawyers oath;
(7) willful disobedience of any lawful order of a superior court; or (8) corruptly or
willfully appearing as an attorney for a party to a case without authority to do
so; the Court is vested with the authority and discretion to impose either the
extreme penalty of disbarment or mere suspension. Grace M. Anacta vs. Atty.
Eduardo D. Resurrecction. A.C. No. 9074, August 14, 2012.
Attorney; immorality. The practice of law is considered a privilege bestowed by the
State on those who show that they possess and continue to possess the legal
qualifications for the profession. As such, lawyers are expected to maintain at all
times a high standard of legal proficiency, morality, honesty, integrity and fair
dealing, and must perform their four-fold duty to society, the legal profession, the
courts and their clients, in accordance with the values and norms embodied in the
Code. Lawyers may, thus, be disciplined for any conduct that is wanting of the
above standards whether in their professional or in their private capacity.
The settled rule is that betrayal of the marital vow of fidelity or sexual relations
outside marriage is considered disgraceful and immoral as it manifests deliberate
disregard of the sanctity of marriage and the marital vows protected by the
Constitution and affirmed by our laws. Respondent violated the Lawyers Oath14
and Rule 1.01, Canon 1 of the Code which proscribes a lawyer from engaging in
unlawful, dishonest, immoral or deceitful conduct. Engr.Gilbert Tumbokon vs. Atty.
Mariano R. Pefianco. A.C. No. 6116, August 1, 2012
Attorney; representing conflicting interest. Canon 15, Rule 15.03 of the Code of
Professional Responsibility provides that a lawyer cannot represent conflicting
interests except by written consent of all concerned given after a full disclosure of
the facts.
An attorney owes his client undivided allegiance. Because of the highly fiduciary
nature of their relationship, sound public policy dictates that he be prohibited from
representing conflicting interests or discharging inconsistent duties. An attorney
may not, without being guilty of professional misconduct, act as counsel for a
person whose interest conflicts with that of his present or former client. This rule is
so absolute that good faith and honest intention on the erring lawyers part does not
make it inoperative. The reason for this is that a lawyer acquires knowledge of his
former clients doings, whether documented or not, that he would ordinarily not
have acquired were it not for the trust and confidence that his client placed on him
in the light of their relationship. It would simply be impossible for the lawyer to
identify and erase such entrusted knowledge with faultless precision or lock the
same into an iron box when suing the former client on behalf of a new one. Santos
Ventura Hocorma Foundation, Inc., represented by Gabriel H. Abad vs. Atty. Richard
V. Funk. A.C. No. 9094, August 15, 2012
Attorney; sharing of fees with non- lawyers. Respondents defense that forgery had
attended the execution of the August 11, 1995 letter was belied by his July 16, 1997
letter admitting to have undertaken the payment of complainants commission but
passing on the responsibility to Sps. Yap. Clearly, respondent has violated Rule 9.02,
Canon 9 of the Code which prohibits a lawyer from dividing or stipulating to divide a
fee for legal services with persons not licensed to practice law, except in certain
cases which do not obtain in the case at bar. Engr. Gilbert Tumbokon vs. Atty.
Mariano R. Pefianco. A.C. No. 6116, August 1, 2012.
Court personnel; disgraceful and immoral conduct. Immorality has been defined to
include not only sexual matters but also conduct inconsistent with rectitude, or
indicative of corruption, indecency, depravity, and dissoluteness; or is willful,
flagrant or shameless conduct showing moral indifference to opinions of respectable
members of the community, and an inconsiderate attitude toward good order and
public welfare. Respondent engaged in sexual relations with a married man which
not only violate the moral standards expected of employees of the Judiciary but is
also a desecration of the sanctity of the institution of marriage.
The Code of Judicial Ethics mandates that the conduct of court personnel must be
free from any whiff of impropriety, not only with respect to his duties in the judicial
branch but also to his behavior outside the court as a private individual. There is no
dichotomy of morality; a court employee is also judged by his private morals. The
exacting standards of morality and decency have been strictly adhered to and laid
down by the Court to those in the service of the Judiciary. Respondent, as a court
stenographer, did not live up to her commitment to lead a moral life.
Public office is a public trust. The good of the service and the degree of
morality, which every official and employee in the public service must
observe, if respect and confidence are to be maintained by the Government in
the enforcement of the law, demand that no untoward conduct affecting
morality, integrity, and efficiency while holding office should be left without proper
and
commensurate
sanction,
all
attendant
circumstances
taken
into
account. Judge Armando S. Adlawan, Presiding Judge, 6th MCTC, Bonifacio-Don
Mariano Marcos, Misamis Occidental vs. Estrella P. Capilitan, 6th MCTC, BonifacioDon Mariano Marcos, Misamis Occidental. A.M. No. P-12-3080. August 29, 2012
Court personnel; dishonesty and falsification of public document.
Willful
concealment of facts in the Personal Data Sheet (PDS) constitutes mental
dishonesty amounting to misconduct. Likewise, making a false statement in ones
PDS amounts to dishonesty and falsification of an official document. Dishonesty has
been defined as intentionally making a false statement on any material fact.
Dishonesty evinces a disposition to lie, cheat, deceive or defraud;
Court personnel; simple neglect of duty. Rule 39, Section 14 of the Rules of Court
clearly mandates the sheriff or other proper officer to file a return and when
necessary, periodic reports, with the court which issued the writ of execution. The
writ of execution shall be returned to the court immediately after the judgment had
been partially or fully satisfied. In case the writ is still unsatisfied or only partially
satisfied 30 days after the officers receipt of the same, said officer shall file a report
with the court stating the reasons therefor. Subsequently, the officer shall
periodically file with the court a report on the proceedings taken to enforce the writ
every 30 days until said writ is fully satisfied or its effectivity expires. The officer is
further required to furnish the parties with copies of the return and periodic reports.
Difficulties or obstacles in the satisfaction of a final judgment and execution of a
writ do not excuse respondents total inaction. Neither the Rules nor jurisprudence
recognizes any exception from the periodic filing of reports by sheriffs It is almost
trite to say that execution is the fruit and end of the suit and is the life of law. A
judgment, if left unexecuted, would be nothing but an empty victory for the
prevailing party. Therefore, sheriffs ought to know that they have a sworn
responsibility to serve writs of execution with utmost dispatch. When writs are
placed in their hands, it is their ministerial duty to proceed with reasonable celerity
and promptness to execute them in accordance with their mandate. Unless
restrained by a court order, they should see to it that the execution of judgments is
not unduly delayed. Accordingly, they must comply with their mandated ministerial
duty as speedily as possible. As agents of the law, high standards are expected of
sheriffs
Canon IV, Section 1 of the Code of Conduct for Court Personnel that reads, Court
personnel shall at all times perform official duties properly and with diligence.
Astorga and Repol Law Offices, represented by Atty. Arnold B. Lugares vs. Leodel
N. Roxas, Sheriff IV, Regional Trial Court, Branch 66, Makati City. A.M. No. P-123029, August 15, 2012.
Attorney; representation of non-client. Atty. Espejos claim that he drafted and
signed the pleading just to extend assistance to Rodica deserves scant
consideration. It is true that under Rules 2.01and 2.02, Canon 2 of the Code of
Professional Responsibility, a lawyer shall not reject, except for valid reasons, the
cause of the defenseless or the oppressed, and in such cases, even if he does not
accept a case, shall not refuse to render legal advice to the person concerned if only
to the extent necessary to safeguard the latters right. However, in this case, Rodica
cannot be considered as defenseless or oppressed considering that she is properly
represented by counsel in the RTC case. Needless to state, her rights are amply
safeguarded. It would have been different had Rodica not been represented by any
lawyer, which, however, is not the case. The Court wonders why Atty. Espejo,
knowing fully well that Rodica is not their law firms client and without the
knowledge and consent of his superiors, gave in to Rodicas request for him to
indicate in the said motion the names of his law firm, Atty. Manuel and Atty. Michelle
for the purpose of giving more weight and credit to the pleading. As a member of
the bar, Atty. Espejo ought to know that motions and pleadings filed in courts are
acted upon in accordance with their merit or lack of it, and not on the reputation of
the law firm or the lawyer filing the same. More importantly, he should have thought
that in so doing, he was actually assisting Rodica in misrepresenting before the RTC
that she was being represented by the said law firm and lawyers, when in truth she
was not. It is well to remind Atty. Espejo that before being a friend to Rodica, he is
first and foremost an officer of the court. Hence, he is expected to maintain a high
standard of honesty and fair dealings and must conduct himself beyond reproach at
all times. He must likewise ensure that he acts within the bounds of reason and
common sense, always aware that he is an instrument of truth and justice. Jasper
Junno F. Rodica vs. Atty. Manuel M. Lazaro, et al. A.C. No. 9259, August 23, 2012