Академический Документы
Профессиональный Документы
Культура Документы
LEGAL PROFESSION
(FINALS)
Submitted to:
Submitted by:
EH 301 MC
October 18, 2017
1|P age
I. REPORT
Basically, personal no, when I entered the law office, the cases that are pending
already and the cases that the office usually accepted then that’s the kind of
cases na murag maexpose ko. So, since the office where I’m in usually deals
with land cases and mostly civil cases. Not necessarily that I chose, but it
became part of what I was used to.
I don’t think any lawyer would consciously chose his field because, after
graduation, we generally cannot decide immediately on what field is more
comfortable with us although what happened with me is more of an accident.
After I graduated, I was immediately hired by Atty. Alex Monteclar to serve at
his law office even before passing the bar, his law office specializes on Family
Law among others. Right now we diversified, but back then when I started it
was really more on Family Law and other matters concerning Civil Law.
So as for me, it was more of an accident. Although I was conscious of the fact
that I did not want to practice Criminal Law per se, and so perhaps, and also I
did not want to be an internal council for any corporation. I wanted litigation,
and Family Law allows that oppurtunity to litigate.
2|P age
Atty. Roh Dundee Absin (Criminal Lawyer)
It was really more of a trial and error method. There are a lot of opportunities
for lawyers. After passing the bar in 2015, I decided to explore the intricacies
of Taxation Law by working as a Tax Lawyer in SGV – Makati. But then, I
realized that tax practice was too confined within the walls of taxation law
(giving tax opinions to clients, drafting of protest letters and appearing before
the BIR).
Number one, maybe not only in the field where I am exposed to but in any field
of law, I think the two basic important things is that you’re good orally and in
written communication. All pleadings are in paper, petitions, memorandums
and position papers. The judge will decide based on the pleadings that you
submit, so if you don’t know how to communicate in writing then the judge may
just dismiss or they might decide based on who’s writing the better paper. And
also, you must be good in oral or verbal communication. Why? Because when
you go to courts, motions and arguments are done orally. You argue orally, you
object orally. And also, aside from that, another thing, especially in my field,
yuta man gyud. When you deal with lands and heirs, and there are a lot of them,
maybe you should also posses patience and understanding in dealing with the
clients. Specially those clients who are lisod sabton, murag mas abogado pa
sila kesa nimo, so you must have those characters. Okay ra man sa students,
because it will translate into grades right? But when you deal with clients, they
are paying you. And when they are paying you, they are asking for
compensation equal or even more. The practice of law is very challenging.
Emotional intelligence or EQ is also important in dealing with clients.
You have to be a writer first before you are a lawyer. This applies to every Civil
Lawyer, every Corporate Lawyer, and every lawyer who does not practice
generally in the field of Criminal Law. That’s not to say that Criminal Lawyers
cannot write although writing there is less of an issue and it’s more of the Court
appearances. Although, as a recent development in the Judicial Affidavit Rule,
3|P age
writing as a skill is already required from everyone. But Famiy Law require a
heavy burden in the submission of pleadings.
Just like in any other fields of law, you need to have a good communication
skills (both oral and written) as you will have to draft affidavits, pleadings,
memorandum, correspondences, and legal documents. In addition to that, you
need to have a good interpersonal skills as you need to need work
harmoniously with the other employees and you will have to talk or deal with
several clients. Finally, you need to have a strong personal values rooted in
integrity. You need to stand strong with your principles as this line of work
involves a lot of temptations, not to mention possible bribery from unscrupulous
individuals.
a. Attention to details;
b. Appreciation of the facts of a given case;
c. Analytical ability;
d. Logical Reasoning;
e. Effective Communication (Writing and Speaking);
f. Strong Argumentation;
g. Patience;
h. Persuasiveness; and
i. Time Management.
Hearings in the morning and what is left of the morning after hearing is
attending to clients’ needs in the office – notarial services, consultation. Some
hearings in the afternoon (not every day) but usually, afternoons are for
studying cases and preparing pleadings (also notarial services and
consultations).
Since I’m in a private law office, then loose man gud among partnership. So,
since it’s a loose partnership, I really don’t have a time in and a time out. So I
don’t have to wake up early, I’ll just wake up early if there is a hearing. Specially
if it’s out of town. Typical work day, if wala lay hearing ha, I wake up then go to
the office around 9 am and work until 12 then lunch. Then afternoon, you deal
with clients, mga pleading and advice. Ang nakapait man gud sa private
practice is that in the morning, instead of making the pleadings, naa may mga
client namagpaadvice. So typically, imuhang work day is the whole day kay at
night wala may makadisturb sa imoha. But for me, I impose that I work during
my work hours, during the morning.
4|P age
Atty. Mark Philipp Opada (Family Lawyer)
A typical workday for Family Lawyers is that we do not go to court every day,
because civil cases are second in priority to criminal cases. Resettings will,
may be, in a couple of months from the previous setting. So what I usually do
is write, like writing in the evening towards early in the morning. If there is no
hearing I do not appear in the office for the morning, I just come in the
afternoon. And then because I teach part-time, I teach during early evening, go
home and that’s it. As for our corporate clients, it also requires heavy writing
and so most of my days is consumed in writing.
4. What are the challenges that you face in modern day practice?
a. The clients cannot afford the professional fees of the lawyers, and
sometimes the lawyer is forced to adjust the fee to an amount that is affordable
to the client.
b. The clients have access to the internet where they make their own research
about their case and somehow have a preconditioned expectation of what
becomes of the case.
c. Because of the internet, the world has become borderless and many
transactions are consummated online; crimes are likewise committed in
cyberspace. It is a challenge to file appropriate cases on these transactions
and crimes, starting with acquiring jurisdiction over the persons of the
defendants or respondents.
If you say challenges only, then it would be those that I have mentioned before.
Different clients, dealing with the attitudes of the clients and of course dealing
with the courts and judges themselves. I tell you, we have Rules of Court and
we have proceedings but every judge has their own rules. Decisions vary from
one branch to another, so basically we are not entirely into the rules. So one of
5|P age
the challenges is also to be familiar with the judge. You must know the judge,
how he or she manages the court.
Talking about modern day, the number one problem I have is social media. You
become accessible, and they can access you anywhere. Some would chat
instantaneously saying attorney magpakonsulta ko, although I’d give
considerations to clients from far places. And, those new court proceedings
because at the time when I was studying we don’t have those rules yet.
Modern day practice, the judicial affidavit rule. It is quiet burdensome, but apart
from that I’ll tell you this; I think most of the new lawyers are handicapped
because they could not experience anymore the typical courtroom scene where
you present the witnesses in direct examinations. Because that is a skill that is
very important, and you might want to go back to that day when you have to
present your witness directly instead of presenting a judicial affidavit. Right now
its judicial affidavit, everyone’s in a hurry. And I think it makes people lazier in
a way. Other than that the internet is great, I don’t have to go to the library more
often.
With several laws, rules and regulations relating to the protection, conservation
and management of our environment, I am deeply challenged to be well versed
of all of these. In fact, I need to self-study these laws and regulations
considering that Environmental Laws was just a one (1) unit subject in law
school and it is not a bar subject.
5. Did law school adequately prepare you for the practice of law?
Yes, especially on mastering the legal concepts, how to reason and argue.
However, on the practical side, the making of pleading and appearance at first
is crucial.
There are two aspects in the practice of law; substantive and practical aspect.
Subjective-wise, yes. You know the theories, the law, we know that. But on the
practical aspect, the dealing with the clients, court employess and the judge. I
think diha na, I don’t know but in my time ha, I do not know how much the
curicculum has changed but during my time diha nako feel nga nag lack. Of
course I knew the basic, because we had Practice Court, but mostly in dealings
or the practical aspect we lacked. Law schools prepare you for the Bar Exams.
6|P age
But I can see programs in Facebook that are into OBE so I think we’re getting
there.
More than adequately prepared, in fact when we talk about law school I want
to emphasize the importance of the individual teachers themselves. And I
would like to give my shoutout to the teachers whom I think modeled me to
what I am today; Atty. Grace Sumalpong, my mentor Atty. Joseph Gonzales I
interned under him for a year and he saw to it that I was trained well under his
tutelage, and then of course the great Atty. Jefferson Marquez. And of course,
Dean Largo, because she referred my name to this office, in Atty. Alex
Monteclar’s office. I think all of the teachers are personally invested in trying to
teach the students.
Law school to some extent prepared me in the actual practice of law. It is in law
school where I learned the basic principles of law and the basic procedures in
the courts. I also had the chance to appear in court during our Clinical Legal
Education Program (CLEP) with Atty. Jose Glenn Capanas as our Supervising
Lawyer during our 4th Year in the USC College of Law.
Moreover, Law School taught me discipline in both mind and body. To illustrate,
Law School taught me to always come to class adequately prepared for the
graded recitations just like a lawyer who should always come to court prepared
to argue his case.
Law school, as I said, prepare or practice you more on the Bar Exam. No
problem when we are trained how to argue, how to write pleadings,
memorandums and position papers but during our time we were not. We were
rather taught on how to answer essays, and so when I entered into practice I
had difficulties in writing court documents. And also in dealings with clients. I
think that is where the disconnect lie.
7|P age
Atty. Mark Philipp Opada (Family Lawyer)
There isn’t a disconnect in law itself, as learned in law school than the actual
practice. Not in law school, because the teachers are, I know you observe this
among your teachers, they do tell you about their experiences in the court
room. And it’s just a matter of translating what you’ve learned and how it is in
the actual practice. But the law as it is written, as it is supposed to be taught,
and answered in the Bar exam is quite different from law itself as a practice.
In general, everything you will learn in law school is consistent with the actual
practice of law. Your knowledge of the legal principles, theories and rules of
procedure which are taught in law school are very helpful in your actual
practice. However, the same is not true in all instances.
For example: The presence and consent of the concerned government agency
is required in plea bargaining for environmental cases.However, in cases of
violation of the penal provisions of Presidential Decree 705 otherwise known
as the “Revised Forestry Code of the Philippines”, as amended, there is no
possibility of plea bargaining. Each offense has its own unique elements from
others. That notwithstanding, the DENR still gives its consent when the
accused request for a plea bargaining which is also acquiesced by our
courts.
7. How do you think law schools can better prepare students for the practice
of law?
I think in our time, those I mentioned earlier were the problems but nowadays,
in your time, you already have activities that can make me say that graduates
8|P age
now are more prepared. In terms of law practice, compared to when we
graduated before.
Second, those in writing. Because there are new rules, Rule 22 and 24 I think
in the Civil Code, everything should be put in writing. And in fact, after the
hearing, after all the presentation of the witness, you are required to submit a
draft decision. Aside from those other court documents, a draft decision is
added. And so you see, what the court will probably do now is that they would
only choose which draft decision is well crafted. And so writing is very
important. Writing pleadings and memorandums are tiring work, but I think with
proper training we can probably manage.
Aside from the laws and jurisprudence which are taught in law schools,
students of law must also have an internship program to the different
government agencies or partner law firms for at least one (1) month to give
them a grasp of what it is like in the actual practice of law. We don’t have this
during our time.
a. Internship Programs
b. Clinical Legal Education Program
c. On-the-job Training
d. Emphasis on written communication skills (Business correspondence
instead of the usual legalistic and kilometric approach which tends to create
confusion to our clients)
8. What advice can you give to students as they prepare themselves for the
legal profession?
Number one, I think, is values. From first year until you work, it should be
inculcated and instilled in your hearts and mind the values. Because the legal
profession may not be as glamorous, may not be as “shining, shimmering
9|P age
splendid” as we think. There are those aspects in the legal profession that we
treaded, something not so good. I don’t want to put it in a bad light but it’s never
been exposed in law school. Lawyering will really test your values, and this is
the best advice I can give you. That hopefuly, when we are confronted with that
dilemma we’ll be able to go back to our values as Carolinians. And love the
profession as early as now, so that you’ll never go wrong with a decision at the
end of the day.
One semester at a time. Don’t think about practice yet, and it is also important
to get yourself in a good internship program. If the teachers can see that you
have the potential and the fortitude to survive in law school and in practice, not
necessarily the best in the class, then I think that would be enough for them.
There was this good advice given by Justice Igles, he said that study like
everything depends on you, and pray like everything depends on God. You
know, it’s all up to you. You have to have faith in yourself, and in God whoever
you perceive God to be.
a. Despite the difficult challenges that you are facing in law school, a law
student must never quit in his/her journey towards becoming a lawyer. Giving
up is a temptation. Success is not obtained overnight. The best things in life
take time.
b. A law student, who kneels before God, can stand up to everything.
Extra questions:
Atty. Roh Dundee Absin (Criminal lawyer):
Did the legal profession affect your values and perception about things?
Yes it did affect some of my values and perception about things but it never
affected my relationship with my God.
When confronted with a case that it is against your morality, how do you do
about it?
10 | P a g e
With the legal knowledge that you’ve gained, how does it affect your everyday
life?
Being a lawyer, I’m part of the machinery of justice. I should work hand in hand
with other lawyers, judges, justices and other government institutions in
promoting justice which is essential in nation-building.
What do you think is the type of law practice that is financially rewarding?
I believe that Corporate Law and Taxation Law is the most financially rewarding
among all the fields of law.
Ugh, I have terrible penmanship. And I passed the bar with terrible penmanship
and besides we have laptops and secretaries. Penmanship is not necessary,
however it a requisite for law students to have.
11 | P a g e
II. REFLECTION PAPER
A lot of people may think that after a law student passes the bar exam, everything
will go smoothly to his/her own favor. The truth is that, as grueling as the journey through
law school is, the path of legal profession entails a barrage of cyclones and blizzards.
Legal profession is like a maze which consists of a myriad of directions that will lead one
to another path or a hedge of a dead-end. Lawyering may sound noble and mighty but,
looking at the other side of the coin, it is a profession that involves over-fatigue and
extreme stress. Weak-willed and irresolute contenders will inevitably lose their way
amidst the storm. Only the bearers of tenacity and perseverance will have better chances
of surviving the harrowing trek of law school and reach the pinnacle of legal profession
that leads to endless possibilities. A person may make or break; at the end of the day,
everything, including Law, will depend on one´s choices.
It is very interesting to note that some of the legal practitioners that were
interviewed relayed that the field of law that they have currently chosen did not come to
them at first glance. In fact, the respondent lawyers practiced in other field(s) of law before
changing into another and realize that the latter fits them better than the first. Legal
profession is really, still, an avenue for a person to realize his/her capacities and most
importantly, an opportunity to know one´s self better. Unlike in what is commonly believed
that law school will be an instrument for aspiring lawyers to determine what field of law
they will specialize in, truly, nothing beats experience. One may think that a certain
subject, in theory, interests him/her, but upon practice, he/she may begin to think
otherwise. Indeed, one cannot say that he/she likes this or that without having to taste the
other options.
Another thing that is interesting about lawyering is that many view such profession
as decent and, necessarily, luxurious. Lawyers, superficially, will be seen by non-lawyers
with high regards what with all the suit and formal attire and their respectable manner of
speaking. But, with all the uprightness and nobility, a lawyer has to deal with heaps of
paper works, fully-booked mornings and afternoons, arguing before a Court, and having
to scrutinize each and every complicated case. Lawyering, by all means, is not at all an
easy nor a moderate profession, not even hard – it is very hard. Dealing with people is
already challenging enough, as it is. A lawyer must have to make sure that he/she delivers
his/her advice in a way that the client will truly understand. Appreciation of the facts of the
case, although trained in four years of law school, remains the most demanding task that
lawyers must complete. Disregarding a single detail will cost a lawyer´s favorable decision
of the judge. Lawyering, truly, is being meticulous with finesse. The debilitating endeavors
of a legal profession is, all the more, that reason that upon becoming a lawyer, an aspirant
12 | P a g e
must already possess, through his/her training in law school, a more-than sufficient array
of skills that he/she can use at his/her disposal.
The respondent lawyers did not deny that the law school was very instrumental in
preparing them for the realities of lawyering. They really appreciated the programs of their
course wherein they were immersed in real-life situations and they would have to apply
what they learned at school. Internship programs, OJT, and correspondence techniques
were really of huge help in making their legal practice less hard. It is noteworthy to
mention that some of the respondents disclosed that the USC´s Clinical Legal Education
Program (CLEP) has been a key in molding them to become the lawyers that they are
now. However, there is no denying that there is wall separating law school and legal
practice. While the trainings in law school were already excellent, reality always has a
way to shake the principles that one has rigorously mastered. For one, law school trains
law students to apply the law in a given set of facts, determine the issue of the case at
hand, decide who between the parties is correct, and they are obliged to provide legal
basis as well as logical justification of their answers. In an actual case, a lawyer must
have to hear the complainant´s version of story and the accused version of the story.
Several factors have to be considered in a given case as such, a swift victory cannot be
guaranteed. Generally, though, training in law school really helps law students to
overcome the challenges that legal profession might throw at them. It´s just that, there
are always instances that a lawyer must face which law school did not prepare him/her
with the necessary skillset.
After all the difficulties and the gruesome challenges that law school throws off at
law students, the end result is truly worth the time and the sacrifices. Lawyering is,
undeniably, a profession that is both noble and brave. Acquiring the skill of mastery in
13 | P a g e
knowledge of the laws is already prestigious as it is, but to actually apply such knowledge
in order to assist those who know less is a display of nobility in itself. Lawyers are
instruments in order to make the laws within arm´s reach of the common masses.
Remedies provided by laws will be understood and will be enjoyed, and no one else
knows better how to do such acts than lawyers. Although lawyers are laden with the yoke
of heavy works, it is only to be expected since they carry a great responsibility on their
shoulders; after all, catering to the needs of the society has been and always will be a
great responsibility.
14 | P a g e
III. ESSAY ANSWERS
The news report about the incident on the ‘third-party-issue’ which lawyers are
involved gives us the idea that passing the Bar Exam is not a victory of
maintaining a status as a lawyer – rather, it is manifested in practice. It is more
than the intellectual mind can achieve but on the ethical standards need to be
taken into consideration. It is clear that being a ‘lawyer’ is not a right but a
privilege – hence, we must uphold integrity and take care of our license.
The wife, who is the victim of her husband’s sleeping with the other woman, who
is his husband’s secretary and lover, has given her the courage to file a case on
concubinage and the Republic Act 9262 or the Violation Against Women and
Children Act.
The Integrated Bar of the Visayas governor, Atty. Mae Elaine Bathan said, “Be
steadfast in our oath and to comply with our moral and ethical responsibility.”
If I were in her shoes, I would do the same. I will file a case because the law is
there to give assurance that fairness is served and the circumstances involved
are not ordinary, but is rather heavy and cannot be dealt with a simple
forgiveness or by a blind-eye.
Hence, lawyers must observe values and each of them must comply so that the
image of legal profession must be trusted by the people and that the lawyers
themselves, no matter what happens, must be a good exemplar of law and
morality.
2. What do you think should set the Carolinian lawyer apart from other
lawyers?
3. What is your opinion on the state of the legal profession in the country?
How can this be improved or enhanced?
The legal profession in the Philippines is in need of ‘values’. Not all lawyers, but
some do play, especially in court proceedings and other unethical works that is
not for the common good. It would be better enhanced if the IBP has to be
stricter when it comes to the legal rules and ethical standards lawyers must
follow.
15 | P a g e
4. What is your opinion on the state of the legal profession in the country?
How can this be improved or enhanced?
In Rule 139-A, Section 2 of the Revised Rules of Court states, “The fundamental
purposes of the Integrated Bar shall be to elevate the standards of the legal
profession, improve the administration of justice, and enable the bar to discharge
its public responsibility more effectively.”
Credit Units - The measure of compliance with the MCLE requirement under the
Rules based on the category of the lawyer’s participation in the MCLE activity.
Compliance Period
The initial compliance period shall be from April 15, 2001 up to April 14, 2004. All
succeeding compliance periods shall begin the day after the end of the preceding
compliance period. The initial compliance period for members newly admitted or
16 | P a g e
readmitted to the IBP shall begin on the first day of the month of admission or
readmission and end on the same day as that of all other members.
Credit units will be given only for the time spent in legal education activities which
have been previously approved by the Committee and conducted by an
accredited provider.
Every approved education activity shall be conducted for at least one hour.
However, if it should exceed one hour, one-half credit unit shall be given for
every half hour beyond the initial hour.
Compliance Procedure
I. Each member shall secure from the MCLE Committee a Compliance Card
before the end of his compliance period.
II. The member shall complete the card by attesting under oath that he has
complied with the education requirement or that he is exempt.
III. Such compliance card must be returned to the Committee not later than the
day after the end of the member’s compliance period.
Consequences of Non-Compliance
A member who fails to comply with the requirements after the sixty (60) day
period for compliance has expired shall be listed as a delinquent member of the
IBP and shall not be permitted to practice law until such time as adequate proof
of compliance is received by the MCLE Committee.
17 | P a g e
A member involuntarily listed as delinquent shall only be reinstated upon proof of
compliance with the MCLE requirement, including payment of compliance fee.
Exceptions
The following bar members are exempted from the program.
• The President and the Vice President of the Philippines, and the
Secretaries and Undersecretaries of Executive Departments;
• Senators and Members of the House of Representatives
• The Chief Justice and Associate Justices of the Supreme Court,
incumbent and retired members of the judiciary, incumbent members of the
Judicial and Bar Council and incumbent court lawyers covered by the Philippine
Judicial Academy program of continuing judicial education
• The Chief State Counsel, Chief State Prosecutor and Assistant
Secretaries of the Department of Justice
• The Solicitor General and the Assistant Solicitors General
• The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel
• The Chairmen and Members of the Constitutional Commissions
• The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsman and the Special Prosecutor of the Office of the Ombudsman
• Heads of government agencies exercising quasi-judicial functions
• Incumbent deans, bar reviewers and professors of law who have teaching
experience for at least ten (10) years in accredited law schools.
1. Purpose
The rule seeks to enhance the duty of lawyers to society as agents of social
change and to the courts as officers thereof by helping improve access to
justice by the less privileged members of society and expedite the resolution of
cases involving them. Mandatory free legal service by members of the bar and
their active support thereof will aid the efficient and effective administration of
justice especially in cases involving indigent and pauper litigants.
2.Scope
February 10, 2009, the Supreme Court approved Bar Matter 2012 or the Rule
on Mandatory Legal Aid Service governing the mandatory requirement for
practicing lawyers to render free legal aid services in all cases (whether civil,
criminal, or administrative) involving indigent and pauper litigants where the
assistance of a lawyer is needed.
Indigent and pauper litigants are those whose gross income and that of their
immediate family do not exceed an amount double the monthly minimum wage
of an employee and those who not own any real property. They are exempt
18 | P a g e
from payment of docket fees and lawful fees as well as transcripts of
stenographic notes.
3. Coverage
The rules cover practicing lawyers or those “who appear for and in behalf of
parties in courts of law and quasi-judicial agencies, including but not limited to
the National Labor Relations Commission, National Conciliation and Mediation
Board, Department of Labor and Employment Regional Offices, Department of
Agrarian Reform Adjudication Board and National Commission for Indigenous
Peoples.”
The following lawyers are excluded in the term “practicing lawyer”:
1.) Government employees and incumbent elective officials not allowed by law
to practice;
2.) Lawyers who by law are not allowed to appear in court;
3.) Supervising lawyers of students enrolled in law student practice in duly
accredited legal clinics of law schools and lawyers of non-governmental
organizations (NGOs) and peoples organizations (POs) like the Free Legal
Assistance Group who by the nature of their work already render free legal aid
to indigent and pauper litigants and;
4. Lawyers not covered under subparagraphs (1) to (3) including those who
are employed in the private sector but do not appear for and in behalf of parties
in courts of law and quasi-judicial agencies.
G.) Ground for Suspension or Disbarment of Lawyers under the Rules of Court.
19 | P a g e
*DECEIT
Cham vs. Atty. Edilberto D. Pizarro
A.C. No. 5499, August 16, 2005
For a lawyer to be dealt with by the Supreme Court, the transaction entered
into need not be in the performance of professional services. It can be in his
private capacity.
Case references:
March 4, 1998
A lawyer violated the trust and confidence of the client when he represented
conflicting interest. He represented the creditors when his accounting firm
prepared and computed the claims of the creditors while his law firm
represented the estate.
Case references:
20 | P a g e
Conflict of interest
A lawyer has to disclose to his client all the circumstances of his relations to
the parties in connection with the controversy which might influence the client
in the selection of counsel.
It is unprofessional to represent conflicting interests except by express consent
of all concerned given after full disclosure of the facts.
The wife complained that her husband was a philanderer, having illicit
relationship with two women. He was disbarred. A lawyer must demonstrate
that he or she has good moral character and should behave in accordance with
the standards.
St. Louis Univ. Laboratory High School Faculty & Staff vs. Atty. Dela Cruz, A.C.
No. 6010, August 28, 2006
A lawyer got married again after his failed marriage. He never absconded his
obligations to his first wife and child. After the annulment of his second
marriage, he remained celibate. He was humble enough to offer no defense
save for his lone and declaration of his commitment to his wife and child.
(Conjuangco vs. Palma, 438 SCRA 306; 462 SCRA 310 [2005]).
21 | P a g e
465 SCRA [2005]
Barrios vs. Atty. Francisco Martinez, A.C. No. 4885, November 12, 2004
The lawyer was suspended. The language exceeded the vigor required of a
lawyer to defend ably his client’s cause.
b. Almendrez vs. Atty. Minervo Langit, A.C. No. 7057, July 25, 2006
A lawyer was suspended for having appropriated the rental deposits for his
client in an ejectment suit.
22 | P a g e
c. Suspension from the Practice of Law in the Territory of Guam of Atty. Leon
G. Maquera, 435 SCRA 417
A lawyer who was suspended from the practice of law abroad may likewise be
sanctioned in the Philippines for infraction he committed abroad. (Velez vs. De
Vera, A.C. No. 6697, July 25, 2006).
a. Porac Trucking Corp. vs. CA, 202 SCRA 674; Garrido vs. Quisumbing, 28
SCRA 614
A lawyer was suspended from the practice of law in appearing for a party
defendant without authority.
23 | P a g e
7. Different Administrative penalties imposed on errant lawyers.
In Lee vs. Atty. Regino B. Tambagno, A.C. No. 5281, February 12, 2008, “The
practice of law is a privilege burdened with conditions. A breach of these
conditions justifies disciplinary action against the erring lawyer. A disciplinary
sanction is imposed on a lawyer upon a finding or acknowledgment that he has
engaged in professional misconduct. These sanctions meted out to errant
lawyers include disbarment, suspension and reprimand. Disbarment is the
most severe form of disciplinary sanction. We have held in a number of cases
that the power to disbar must be exercised with great caution and should not
be decreed if any punishment less severe such as reprimand, suspension, or
fine will accomplish the end desired. The rule then is that disbarment is meted
out only in clear cases of misconduct that seriously affect the standing and
character of the lawyer as an officer of the court.”
Also, A.M. NO. 01-8-10-SC, an amendment to Rule 140 of the Rules of
Court, Discipline of Judges and Justices in regular or special courts has the
following sanctions:
If the respondent is guilty of a serious charge, any of the following sanctions
may be imposed:
1. Dismissal from the service, forfeiture of all or part of the benefits as the Court
may determine, and disqualification from reinstatement or appointment to any
public office, including government-owned or controlled corporations. Provided,
however, that the forfeiture of benefits shall in no case include accrued leave
credits;
2. Suspension from office without salary and other benefits for more than three
(3) but not exceeding six (6) months; or
3. A fine of more than P20,000.00 but not exceeding P40,000.00
If the respondent is guilty of a less serious charge, any of the following
sanctions shall be imposed:
1. Suspension from office without salary and other benefits for not less than
one (1) nor more than three (3) months; or
2. A fine of more than P10,000.00 but not exceeding P20,000.00.cralaw
C. If the respondent is guilty of a light charge, any of the following sanctions
shall be imposed:
1. A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or
2. Censure;
24 | P a g e
3. Reprimand;
4. Admonition with warning.
25 | P a g e
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or
command.
The power to punish for contempt is inherent in all courts, and need not be
specifically granted by statute. It lies at the core of the administration of a
judicial system. Contempt of court has been defined as a willful disregard or
disobedience of a public authority. In its broad sense, contempt is a disregard
of, or disobedience to, the rules or orders of a legislative or judicial body or an
interruption of its proceedings by disorderly behavior or insolent language in its
presence or so near thereto as to disturb its proceedings or to impair the
respect due to such a body. In its restricted and more usual sense, contempt
comprehends a despising of the authority, justice, or dignity of a court. The
phrase contempt of court is generic, embracing within its legal signification a
variety of different acts.
The power to declare a person in contempt of court serves to protect and
preserve the dignity of the court, the solemnity of the proceedings therein and
the administration of justice. Courts must exercise their contempt powers
sparingly, only on the preservative and not on the vindictive principle. Only
occasionally should the court invoke its inherent power in order to retain that
respect without which the administration of justice must falter or fail.
If a party or other witness refuses to be sworn or refuses to answer any question
after being directed to do so by the court of the place in which the deposition is
being taken, the refusal may be considered a contempt of that court.
26 | P a g e
If the pardon granted is conditional then, a lawyer is merely partially relieved of
the penal consequences of his act, but did not operate as a bar to his
disbarment, especially so when he is being disbarred on the ground of
professional misconduct for which he had been convicted by final judgment.
The disbarment of an attorney is not necessarily a permanent disability. He
may afterwards be reinstated on proper application or on petition for that
purpose, addressed to the Court, usually by a motion or petition showing that
he has reformed himself. Whether or not the applicant shall be reinstated rests
to a great extent on the sound discretion of the Court.
References:
Barrios vs. Atty. Francisco Martinez, A.C. No. 4885, November 12, 2004
27 | P a g e
28 | P a g e