Professional Documents
Culture Documents
Resolution
On this matter, the Court is of the view that the title "Atty." preceding
respondent's name in his son's wedding invitation, and the signboard
outside his office bearing his name and the words "Attorney-at-Law"
are not evidence sufficient to convince this Court that
respondent continues in the practice of law, in violation Court's
Decision dated April 30, 1999 that ordered his disbarment.
Neither is the Court swayed by the complainant's allegations of
respondent's continuous practice of law based on mere "reports."
Without more, these reports are pure hearsay and are without
evidentiary value.
Nonetheless, respondent is hereby ORDERED to remove the signboard
outside his office showing his name and the words "Attorney-at-Law.
- Resolution A.C. No. 4500 (Ban Hua U. Flores vs. Enrique S.
Chua) SEPTEMBER 9, 2014
Cont
4) Copies of the Sworn Statement shall be furnished to the Local Chapter
of the IBP and to the Executive Judge of the courts where respondent
has pending cases handled by him or her, and/or where he or she has
appeared as counsel;
5) The Sworn Statement shall be considered as proof of respondents
compliance with the order of suspension;
6) Any finding or report contrary to the statements made by the lawyer
under oath shall be a ground for the imposition of a more severe
punishment, or disbarment, as may be warranted. - Maniago v. Atty.
De Dios, A.C. No. 7472, March 30, 2010
Confidentiality
Rule 139-B Sec. 17. Upon suspension by Court of Appeals or Regional Trial
Court, further proceedings in Supreme Court. - Upon such suspension,
the Court of Appeals or a Regional Trial Court shall forthwith transmit to
the Supreme Court a certified copy of the order of suspension and a full
statement of the facts upon which the same was based. Upon receipt of
such certified copy and statement, the Supreme Court shall make a full
investigation of the case and may revoke, shorten or extend the
suspension, or disbar the attorney as the facts may warrant.
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1. any deceit,
2. malpractice,
3. other gross misconduct in such office,
4. grossly immoral conduct,
5. by reason of his conviction of a crime involving moral turpitude,
6. for any violation of the oath which he is required to take before admission to
practice,
7. for a willful disobedience appearing as attorney for a party to a case without
authority to do so.
The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.
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Defenses
The Maquera ruling is consistent with Rule 39, Section 48, of the Rules of
Court which provides:
Sec. 48. Effect of foreign judgments or final orders. - The effect of a judgment
or final order of a tribunal of a foreign country, having jurisdiction to
render the judgment or final order is as follows:
xxxx
(b) In case of a judgment or final order against a person, the judgment or final
order is presumptive evidence of a right as between the parties and their
successors in interest by a subsequent title.
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The Court need not delve into the question of whether or not
respondent did contract a bigamous marriage, a matter which
apparently is still pending with the Regional Trial Court of
Pasig City. It is enough that the records of this administrative
case sufficiently substantiate the findings of the Investigating
Commissioner, as well as the IBP Board of Governors, i.e., that
indeed respondent has been carrying on an illicit affair with a
married woman, grossly immoral conduct and only indicative of
an extremely low regard for the fundamental ethics of his
profession. This detestable behavior renders him regrettably unfit
and undeserving of the treasured honor and privileges which his
license confers upon him. - Tucay v. Atty. Tucay, A.C. No. 5170
[1999]
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Anonymous complaints
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Forum shopping
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This step finds support in Heck v. Santos where the Court held that
while the infraction was committed before the respondents
appointment as judge, the Court may still discipline him
therefore. RE: Application for retirement/gratuity benefits
xxx., A.M. No. 12535-ret., April 22, 2008
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Indefinite suspension
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Censure or reprimand
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Cont
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The doctrine of res adjudicata applies only to judicial or quasijudicial proceedings and not to the exercise of the [Courts]
administrative powers.- Dinsay v. Atty. Cioco, A.C. No. 2995.
November 27, 1996
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The act for which he was found guilty of indirect contempt does
not involve moral turpitude.
In this case, it cannot be said that the act of expressing ones
opinion on a public interest issue can be considered as an act of
baseness, vileness or depravity. Respondent De Vera did not bring
suffering nor cause undue injury or harm to the public when he
voiced his views on the Plunder Law. Consequently, there is no
basis for petitioner to invoke the administrative case as evidence of
respondent De Veras alleged immorality. - In re: Petition to
Disqualify Atty. De Vera, A.C. No. 6052. December 11, 2003
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Cont
She admitted that she started living with Luciano Quilapio, Jr.
without the benefit of marriage more than twenty years ago
when her husband was still alive but living with another woman.
She also admitted that she and Quilapio have a son. But as a
member of the religious sect known as the Jehovahs Witnesses
and the Watch Tower and Bible Tract Society, respondent asserted
that their conjugal arrangement is in conformity with their
religious beliefs and has the approval of her congregation.
Invoking the religious beliefs, practices and moral standards of
her congregation, she asserts that her conjugal arrangement
does not constitute disgraceful and immoral conduct for
which she should be held administratively liable. - Estrada v.
Escritor, A.M. No. P-02-1651
August 4, 2003
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Cont
Thus, we find that in this particular case and under these distinct
circumstances, respondents conjugal arrangement cannot be
penalized as she has made out a case for exemption from the
law based on her fundamental right to freedom of religion.
The Court recognizes that state interests must be upheld in order
that freedoms - including religious freedom - may be enjoyed. In
the area of religious exercise as a preferred freedom, however, man
stands accountable to an authority higher than the state, and so
the state interest sought to be upheld must be so compelling that
its violation will erode the very fabric of the state that will also
protect the freedom. In the absence of a showing that such state
interest exists, man must be allowed to subscribe to the Infinite.Estrada v. Escritor, A.M. No. P-02-1651
August 4, 2003
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Cont
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To begin with, it is already too late in the day for the complainants
to withdraw the disbarment case considering that they had
already presented and supported their claims with
convincing and credible evidence, and the IBP has promulgated
a resolution on the basis thereof. Sps. Amatorio v. Sps. Atty.
Whelma and Francisco Yap, A.C. no. 5914, March 11, 2015.
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Cont
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Indefinite suspension
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Quantum of evidence
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Quantum of evidence
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Quantum of evidence
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Absolute pardon
An absolute pardon not only blots out the crime committed, but removes
all disabilities resulting from the conviction. In the case of In re Marcelino
Lontok, the Court, in dismissing the disbarment proceeding against the
respondent therein, who had been convicted of bigamy, a crime involving
moral turpitude, upon the ground that the respondent had been granted
plenary pardon for his crime, applied the rule that "a person reaches both
the punishment prescribed for the offense and the guilt of the offender;
and when the pardon is full, it releases the punishment and blots out of
existence the guilt, so that in the eye of the law the offender is as innocent
as if he had never committed the crime," and, "if granted before
conviction, it prevents any of the penalties and disabilities, and restores
him to all his civil rights; it makes him, as it were, a new man and gives
him a new credit and capacity. - In re:Atty. Rovero, A.M. No. 126
December 29, 1980
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Under the doctrine of res ipsa loquitur, the Court may impose its
authority upon erring judges whose actuations, on their face,
would show gross incompetence, ignorance of the law or
misconduct. Atty. Macalintal v. Judge the, A.M. No. RTJ-971375 October 16, 1997
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Rule 139-B Sec. 15. Suspension of attorneys by Supreme Court. After receipt of respondent's answer or lapse of the period
therefor, the Supreme Court, motu proprio, or at the instance of
the IBP Board of Governors upon the recommendation of the
Investigator, may suspend an attorney from the practice of his
profession for any of the causes specified in Rule 138, Section 27,
during the pendency of the investigation until such
suspension is lifted by the Supreme Court .
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