DISBARMENT:
Disciplinary proceedings against lawyers are sui generis in that
they are neither purely civil nor purely criminal; they involve
investigation of the court into one the conduct of one of its officers.
Complainant not a direct party but only a witness thereto
Purpose to preserve the purity of the legal profession
Can be initiated by the court at its own instance
Grounds based on Sec. 27 Rule 138 of the Rules of Court or
Analogous to the same.
(Pena v. Aparicio – A.C. No. 7298 2007)
May the court discipline one of its officers even if he commits the
act in his private capacity?
G.R. - No
Malpractice for gross misconduct in his office as attorney – Filing fee
P900.00 did not file the case presupposing it that it was filed.
Exceptions: Acts not connect to his official duties
Acts rendering unworthy of public confidence.
Tantamount to gross misconduct - (grossly immoral conduct)
Freeman v Reyes A.C. 6246
Attorney executed and notarized a Deed of Sale so she could
apply for a loan in client’s behalf.
Charged with estafa – criminal case acquitted / but administrative
case can continue independently.
Disbarment proceedings are private and confidential as a General Rule:
Exception:
Public interest/freedom of the press ( if the case at hand is of legitimate
public concern or issue: The filing of the disbarment complaint can be
publish as a news item - (Fortun v Quinsayas, et al., G.R. 194578 2013)
Maguindanao Massacre – Fortune alledgedly delaying the proceedings.
Exception to the Exception: Malicious and unauthorized
publication or verbatim reproduction of the administrative
complaints against a lawyer in newspaper by editors and or
reporters maybe actionable. Premature publication constitute a
contempt of court, punishable by fine or imprisonment or both at
the discretion of the court.
Same case:
Note: Only the final order of the Court shall be published like
decisions in other cases.
Same case:
Lawyer employed in the government – subject to disciplinary
action?
G.R. No
Exception – if the conduct is of such character as to affect his
qualifications as a lawyer or to show moral delinquency.
Ex. Act of extortion
(Lim vs. Barcelona, 425 SCRA 67 2004)
May a lawyer who is a member of the Philippinee bar who has
been suspended or disbarred abroad be suspended or disbarred in
the Philippines?
It depends:
If the ground or grounds is included in rule 138 of the rules of
court, then if can be used as prima facie evidence for disbarment
proceedings in the Philippines.
In re: Suspension from the practice of Law in the Territory of Guam
of Atty. Leon G. Maguera, 435 SCRA 2004)
Lawyer – engaged in sex with a young girl, the daughter of his
former client, hence he was charged in a disbarment case having
committed gross immorality.
Defense – No law punishes having sex with a woman with mutual
agreement and with just compensation.
This constitutes grossly immoral conduct, showed utmost moral
depravity ad low regard for the dignity of human person and the
ethics of his profession.
(Maria Victoria Ventura v. Atty Danilo Samson A.C. 9608, 2012)
Reinstatement from disbarment:
More than 15 years after being disbarred, lawyer professed had
already represented and expressed remorse over the perfidy that he
had brought upon his wife and children, and petitioned to be
reinstated?
No
Still living with his paramour that causes offense, SC No not yer
rehabilitated.
Is the imposition of indefinite suspension from practice of law a
cruel, degrading and inhuman punishment?
No
Indefiniteness of the suspension, is far from being cruel or degrading
or inhuman, has the effect of placing, as it were, the key to
restoration of the suspended lawyer’s rights and privileges in his
own hands.
Aldivar vs Sandiganbayan GR 79690-707, Saldivar vs Gonzales GR
80578 1989
A lawyer delayed a probate case for almost half a century, is such
act punishable under the CPR?
Yes
Disbarred for malpractice
Delay no man or money or malice
Unworthy of the trust reposed to him
Esmaela dimagiba vs. Atty. Jose Montalvo jr. AC 1420 1991
May a lawyer be disciplined for making a dupe of the complainant,
living on her bounty and allowing her to spend for his schooling
while dangling before her a mirage of a marriage?
Yes
Grossly immoral conduct
“indicative of a character not worthy of a member of the Bar.”
Bolivar vs Simbol 16 SCRA 623
May a lawyer be disbarred if he sells properties contrary to the orders of the
court?
Yes
Constitutes disobedience and defiance of the lawful orders of the court.
Gaeslin vs. Navarro 185 SCRA 230
Filed an application to take the bar, stated single but married, effect..
False statement , misrepresentation – outright disqualified to take
the bar – lack of good moral character .
Leda vs. Tabang, 206 SCRA 395
May a lawyer who was suspended from the practice of law by the SC
automatically resume his legal practice after the lapse of the period of
suspension imposed on him?
NO
Lifting of the suspension is not automatic, an order is needed at the end of the
period is necessary to resume practice.
(OCA circular 2014)
Lawyer used another lawyers IBP receipt Number through
negligence… effect?
Suspension – unlawful, dishonest, deceitful conduct, must
observe duty to exercise complete candor and honesty
Bongalonta vs Atty. Catillo CBD case 176 1995
Unpaid loan from client’s son – be subject to discipline?
Yes
Suspension- lack of integrity and morality demanded from a
member of the bar.
A lawyer enticed his 85 years old aunt to entrust all her
money to him, and later refused to return it.
Disbarred
Deceitful conduct unworthy of membership to the legal
profession. (Rayos-Ombac vs Rayos Ac 2884 1998
Notarization violations:
Notarized a deed of donation, whereby the donor was not
present?
Not disbarment
Repetition – yes
Notarized false sale – 2 years suspension
Notary Public knowingly that the affiant is dead- sanctioned
Be careful accounting of money in trust to the lawyer.
Ejectment case acceptance fee 70k
First payment 35k
Asked for 10K filing fee (under trust)
Complainant terminates the case
Did not account the 10K , said deducted to the 70K
Apply Cano 16 / rule 16.01
