Professional Documents
Culture Documents
RTJ-91-766
Held: Yes. It is a well-settled principle that judges cannot adjudicate third party or
adverse claims of a property in a probate proceeding. The court, acting as a probate
court, has no jurisdiction to adjudicate such matter, which must be settled in a
court of general jurisdiction. Hence, the respondent’s failure to apply this principle
indicates disregard of well-known legal rules. The acts of the respondent judge in
giving orders despite of the prohibition made by superior courts and reversal of its
decision is a clear manifest of grave misconduct prejudicial to the interest of the
public, the bench and the bar.
Held: Yes. The CPR does not cease to apply to a lawyer simply because he has
joined the gov’t service. Canon 6.02 provides that a lawyer in gov’t service shall
not use his public position to promote or advance his private interest, not allow the
latter to interfere with his public duties.
Thus, where a lawyer’s misconduct as a government official is of such nature as to
affect his qualification as a lawyer or to show moral delinquency, then he may be
disciplined as a member of the bar.