ADMINISTRATIVE LIABILITIES

Practice of law a privilege and burdened

with conditions:
Officer of the court
Court have inherent powers
to preserve its integrity and
facilitate the exercise of their
functions
Membership
may
be
suspended or removed
Lawyers
are
subject
to
scrutiny
Even private activities may
be at anytime the subject of
inquiry
Gross misconduct

Contempt vs. Disbarment the

exercise of one does not exclude the
exercise of the other
POWER
TO
LAWYERS:

DISCIPLINE

ERRANT

Supreme Court full authority and power

to warn, admonish, reprimand, suspend
and disbar.
Court of Appeals and RTC also warn,
admonish, reprimand and suspend an
atty who appears before them for any of
the causes mentioned in Sec 27 Rule
138. BUT THEY CANNOT DISBAR A
LAWYER.

WARNING act or fact or putting one of

his guards against an impending danger,
evil consequences or penalties

An RTC JUDGE cannot summarily suspend

a lawyer as punishment for indirect
contempt.

ADMONITION gentle or friendly

reproof,
mild
rebuke,
warning
or
reminder, counseling, on a fault, error or
oversight

The
INFERIOR
COURTS
are
not
empowered even to suspend an attorney,
although, they may cite or hold a lawyer
in contempt of court.

REPRIMAND of more severe nature

Public and formal censure or severe
reproof, administered to a person in fault
by his superior officer, or a body to which
he belong.

JUSTICES OF THE SUPREME COURT may

not be disbarred unless and until they
shall have been first IMPEACHED. Same
with impeachable officers who are
members of the bar.

CENSURE an official reprimand

OBJECTS OF DISBARMENT:
1. to compel atty to deal fairly and
honestly with his clients
2. to remove from the profession a
person whose misconduct has
proved him unfit to be entrusted
with duties and responsibilities
3. punitive
4. set an example
5. safeguard admin of justice from
incompetence and dishonesty
6. protect the public

CONCEPT
OF
SUSPENSION

temporary withholding of a lawyers

privilege to practice for a certain period
or for an indefinite period of time. An act
of the court in prohibiting an attorney
from practicing law for a definite period.
DISBARMENT act of Phil Supreme
Court in withdrawing from an attorney
the privilege to practice law. Prefix ATTY
is removed. Neither can he sign a
pleading

POWER TO DISCIPLINE LAWYERS IS

JUDICIAL IN NATURE
can only be exercised by the
courts

it cannot be defeated by
legislative
or
executive
departments
rooted on the SC prerogative
to regulate the practice of
law

DISBARMENT IS SUI GENERIS

a class by itself
1. It is neither civil or a criminal
proceeding
2. Double jeopardy cannot be
availed of in a disbarment
proceeding, NOT a criminal
proceeding. Ex. Falsification
3. Can be initiated MOTU PROPIO
by SC or IBP. Even without a
complaint
4. Can proceed regardless of
interest or lack of which of the
complainant if so warranted.
5. Imprescriptible.
Statute
of
limitations has no application
6. Conducted confidentially
7. It is itself DUE PROCESS OF LAW
8. Decision in a disbarment cannot
be a source of right that may be
enforced in another action. Ex.
Reconveyance and damages
Penalty cannot be in the alternative
Navarro vs. Meneses
Suspension or Disbarment?
RESTRICTIONS ON THE POWER TO
SUSPEND not arbitrary or despotic one
to be exercise and the pleasure or in the
form of passion, prejudice of personal
hostility. Exercised wisely that the rights
and independence of the bar will be
scrupulously guarded and maintained by
the court as the rights and dignity of the
court itself.
to bar or suspend
disbarment should never be
decreed where any lesser
penalty would accomplish the
end desired.

Always exercised with great

caution
Reputation is likened to a
plant of tender growth and its
bloom, once lost, is not easily
restored.

GROUNDS FOR SUSPENSION

(R.O.C.)
1. Deceit
2. Malpractice
and
other
gross
misconduct in office
3. Gross immorality
4. Conviction of a crime involving
moral turpitude
5. Violation of oath of office
6. Willful disobedience of any lawful
order of a superior court
7. Corrupt or willful appearance as an
attorney for a party without
authority to do so
CONDUCT not limited to one exhibited
in connection with the performance of
the lawyers professional duties. Includes
gross misconduct not connected with his
profession, which shows him to be unfit
for office and unworthy of the privilege
professional or private capacity which
puts his moral character in serious doubt
as a member.
CONCEPT OF DECEIT
Misrepresentation
or
assertion of falsehood or in
the creation of a false
impression by words or act,
or trick or device
False representation as to a
matter of fact
Concealing
or
omitting
material facts in obtaining
the consent of a party.
Act
is
performed
with
deliberate intent
Fraudulent and deceptive
misrepresentation, artifice, or
device, used to deceive and
trick another who is ignorant
of the true facts

Untrue
and
made
with
knowledge of its falsity or
with reckless and conscious
ignorance thereof

MALPRACTICE OR OTHER GROSS

MISCONDUCT IN OFFICE
Concept malfeasance or dereliction of
duty
Legal Malpractice failure to use such
skill, prudence, and diligence as lawyers
or ordinary skill and capacity commonly
possessed and exercised in performance
of tasks which they undertake, and when
such failure proximately causes damage
gives rise to an action in tort
Instances of GROSS MISCONDUCT and
MALPRACTICE:
1. period to appeal allowed to lapse
2. failure to submit clients brief
3. preparation and notarization of an
immoral contract or agreement
4. false affidavit
5. solicitation of case thru paid agents
6. abandonment
7. delay in filing clients case
8. notary public faking appearance of
client before him
9. acknowledging SPA in the absence
of one of the parties
10.
compromising
a
clients
cause without consent
11.
notarizing
after
his
commission has expired
12.
representing
conflicting
interests
13.
conversion of clients money
to his
14.
encroaching
upon
the
business of another
15.
advertising lawyers skill
16.
notarizing ones affidavit
17.
attempting to mislead SC by
raising issues long laid to rest
18.
unwarranted obstinacy in
evading payment of debt
GROSS IMMORALITY
flexible standard

what
appears
to
be
unconventional behavior to
the straight faced may not be
immoral
WILLFUL,
FLAGRANT
OR
SHAMELESS, AND WHICH
SHOWS
A
MORAL
INDIFFERENCE
TO
THE
OPINION OF THE GOOD AND
RESPECTABLE MEMBERS OF
THE COMMUNITY

Sexual intimacy not immoral per se

CONVICTION OF A CRIME INVOLVING
MORAL TURPITUDE see violation of
the lawyers oath
WILFUL
DISOBEDIENCE
OF
ANY
LAWFUL ORDER OF A SUPERIOR
COURT
Ex. Failure to surrender records or appeal
as counsel de officio, to comment on a
matter pending
CORRUPT OR WILFUL APPEARANCE
FOR A CLIENT WITHOUT BEING
EMPLOYED
must obtain leave of court
no
written
authority
is
required but on motion, may
be
required
to
prove
authority
DISBARMENT OR SUSPENSION OF A
FILIPINO LAWYER IN A FOREIGN
COUNTRY
EFFECTS:
may also be used a s a
ground if included in the
grounds under Rule 138 Sec
27
PRIMA FACIE evidence
SPECIAL DISABILITIES OF LAWYERS
*purchase of property or rights of clients
subject
of
litigation,
PROHIBITED;
purchase is void

ART. 1491 CC prohibits persons, by

reason of the relation of trust or their
peculiar control over the property, from
acquiring such property in their trust and
control, directly or indirectly, even at a
public or judicial auction:
guardians,
agents,
administrators, public officers
and
employees,
judicial
officers
and
employees,
prosecuting
attorneys,
lawyers
Castans opinion violates
public policy and such sale is
INEXISTENT and VOID AB
INITIO
Purchase cannot be ratified,
definite and permanent
Lawyer holding the property
in trust cannot even acquire
it by prescription
Client
can
recover
the
property and fruits but must
return the purchase price

There is violation even if the

lawyers did not pay money
for it
Prohibition
EXTENDS
to
SALES
IN
LEGAL
REDEMPTION, COMPROMISES
AND RENUNCIATIONS
1648 LEASING of clients
property subject to litigation

WHEN PURCHASE IS NOT VIOLATION:

- property is NOT subject of
litigation
- acquired it before he became
counsel
- after the case involving the
property has been terminated
BETRAYAL OF TRUST
lawyer takes the defense of
opposing party in the same
case
PRESENTATION
AFFIDAVITS:

OF

INADMISSIBLE