Professional Documents
Culture Documents
CLAVERO
Problem Areas in Legal Ethics
MWF 6:30-7:30 PM
Atty. Dexter Zeno Achilles Pascua
PALE DIGESTS
December 2017
I. The Lawyer and the Society
1. Brion, Jr. vs. Brilliantes, Jr. Adm. Case No. 5305; March 17, 2003
Facts: Respondent judge was dismissed from the service with forfeiture
of all leave and retirement benefits and with prejudice to reappointment in
any branch, instrumentality or agency of the government, including
government owned and controlled corporations. He thereafter accepted
employment as consultant at the local water utilities administration (LWUA)
from 1998-2000. Finding him guilty of disobeying a lawful order of the Court,
Judge Brilliantes was suspended from the practice of law for one year and
ordered to pay a fine of P10,000 with a stern warning that repetition of the
same or similar act should be dealt with more severely.
Facts: Atty. Tuanda issued three checks covering the price of unsold
pieces of jewelry that she was supposed to be selling for complainant
Marquez. All three checks bounced. She was charged and convicted of estafa
and violation of BP Blg. 22. Affirming her conviction by the trial court, the CA
meted out the additional penalty of suspension from the practice of law until
further action from the Supreme Court. The Supreme Court affirmed her
suspension.
Ruling: The offense of which she is found guilty involves moral turpitude.
The Court noted the deleterious effect of the offense on public interest and
public order. While violation of BP 22 may not relate to the exercise of the
lawyer’s profession, it certainly relates to the good moral character of a
person convicted of such offense.
3. In Re: SC Decision Dated May 20, 2008 in GR No. 161455 Under
Rule 139-B of the Rules of Court vs. Atty. Rodolfo D. Pactolin
Adm. Case No. 7940; April 24, 2012
Ruling: Yes. Under Sec. 27, Rule 138, a lawyer may be removed or
suspended on the following grounds: (1) Deceit; (2) Malpractice; (3) Gross
misconduct in office; (4) Grossly immoral conduct; (5) Conviction of a crime
involving moral turpitude; (6) Violation of the lawyer’s oath; (7) Willful
disobedience of any lawful order of a superior court; and (8) Corruptly or
willfullu appearing as a lawyer for a party to a case without authority to do
so. The crime of falsification of public document is contrary to justice,
honesty and good morals, and therefore, involves moral turpitude. Pactolin
was disbarred.
4. In Re: Terrell GR 1203; May 15, 1903
1. Tan vs. Sabandal Bar Matter No. 44; February 24, 1992
Ruling: Person who passed the Shari’a Bar may only practice before
Shari’a courts. Their use of the title “attorney” is not allowed because they
are not members of the Philippine Bar. The title of attorney is reserved for
those who have successfully passed the Bar examinations and have been
admitted to the Integrated Bar and remain members thereof in good
standing.
4. US vs. Ney
5. Republic vs. Kenrick Development Corporation