We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 27
Leow. Bmcs
C80 eT Se ae
fan on a 24s OF TH A
ena
‘COMMENTS:
Lawyer's Primary Duty To Society Or State; Attor-
f ree
Purpose of evasion, So help me
Constitution and by
156, See. 20 a). Cy
Coot or Prorssow. Restos
‘The Lawyer and Society Esa a
Lawyer's Onth Is A Sacred Trust, Kot A Mere Cere-
mony—The Lawyer's Oath, to whic
Subseribed in solemn agreement to detieate et
SSCRA661
Held: Of all classes and professions, the lawyer
ts most sacredly bound to uphold the laws, Hei
z
Delay No Man For Money Or Malice —The lawyer's
‘oath imposes upon every lawyer the duty to delay no man
for money or malice (Reyes vs. Gaa, 246 SCRA 64).
Lawyers Will Be Disciplined For Disobeying Legal
Orders Or Processes Of Courts.—Lawyers mu:
uphold and obey the Constitution and the laws
legal orders or processes of courts.
Thus a lawyer was admonished for his failure to in-
form the Supreme Court of his answer or reac
appointment by the Court as counsel for one of the appel.
lants (People vs. Dalusag, 62 SCRA 540), And a lawyer was
Feprimanded for failure to file the Comment required of
him by the Supreme Court (Luzon Mahogany “Timber
Industries, Inc, vs. Castro, 69 SCRA 384)
“ See Cojuangeo, Jr. vs, Palma, 438 SCRA 307.Be Leoa Ercs
si fed out to a lawyer for failure to
fe Comment de Several extensions he asked for
‘and which were granted by the Court (Casals vs. Cust, Jr.,
52 SCRA 58: see also Achacoso vs. CA, 51 SCRA 424)
tom pra of iy, he Surender
Lawyers are particularly called upon to obey court
orders and processes, and this deference is underscored
bby the fact that willful disregard thereof may subject the
Iawyer not only to pu
plinary sanctions as wel
SCRA 443).
Graver responsibility is imposed upon a lawyer than
any other to uphold the integrity of the courts and to show
respect to their processes (Bantolo vs. Castillon, Jr., 478
SCRA 443).
All lawyers are expected to recognize the authority of
the Supreme Court and to obey its lawful processes and
orders and if he has not taken this to heart, he is unftt to
engage in the practice of law (Marcelo vs. Court of Appeals,
242 SCRA 352),
A Lawyer Who Issued Bouncing Checks Violates
‘The Law And Is Subject To Disbarment Or Suspension.
People vs. Tuanda”
181 SCRA 692
Facis: “A lawyer was convicted of Vi
‘BP. Big, 22 which the Court considered a
eal
Sot Repo
volving moral turpitude as
only @ wrong to the payee
{jury to the publi.
‘The lawyer was suspended
sone ca
in oe ri oe in
sine peta
Held: We should add
this mischief creates: not
F holder, but also an im
sexpe M cina
sonnei on wh
crime invalving moral tutus mig ony
instant case, a c ste
tion of B.P. Big. 22 does not) relate
the profession ofa lawyer; however,
essed that ‘the nature
of the office of an attomey at law requires that she
shall be a person of good moral character. This quall.
fc
Sanchez vs. Somoto
412 SCRA 69
Held: When respondent patd, with a personal
check from a bank account which he knew hed al-
ready been closed, the person who attended to his,
fan extremely low regard to his commitment
oath he has taken when he joined his peers. seriously
and irreparably tarnishing the tmage of the profession
he should, instead, hold in high esteem. Hs conduct
deserves nothing less than a severe disciplinary sanc-
tion.48 Lean. Ernics
Significance Of Lawyer's Oath—By swearing the
lawyer's oath, an attorney becomes a guardian of truth
and the rule of law, and an
the fair and impartial ad
function of democracy, a f
society (Bustiios vs. Ricafort, 283 SCRA 407)
Effect Of Failure To Take The Attorney's Oath.—A
successfull bar candidate who was allowed to sign by the
Clerk of the Supreme Court to sign the Roll of Attorney's
but was unable to take his oath before the Supreme Court,
although he paid his IBP dues and listed as “qualified
voter” in IBP affairs, cannot be admitted to the Bar with-
out having actually taken his oath of office as an attorney
(in re: Elmo S. Abad, B.M, No. 139, March 18, 1983).
Oath Alone Will Not Make A Bar Passer A Full-
Fledged Member Of The Bar.—A bar passer must not
only take his oath as a member of the Bar, but he must
also sign the Roll of Attorneys. This last act makes him a
full-fledged lawyer (Aguirre vs. Rana, 403 SCRA 343).
Rule 1.01.—A lawyer shall not engage in unlawful, dis-
honest, immoral or deceitful conduct.
COMMENTS:
Lawyer Must Constantly Be Of Good Moral Charac-
ter.—A lawyer should not engage or participate in any
unlawful, dishonest, immoral or deceitful conduct. The
moral character he displayed when he applied for admis-
sion to the Bar must be maintained incessantly. Other-
wise, his privilege to practice the legal profession may be
withdrawn from him,
People vs. Tuanda
‘Adm. Case No. 3360
Jan. 30, 1990
Held: ‘The nature of the office of a
e in attorney at
Jaw requires that she shall be a person of good moral
Coot oF Proran
—
Ree ano
character. Tia quaitca!
acai Is not only @
precedent fo an admission tothe pete oi
inued possession ts also ess 5
oe
ae
wring tore ae a pet cs
the attorney's oath, grossly immoral conduct and deceit
are grounds for suspension or disbarment of lawyers (Rule
138, Section 27, RRC).
Purpose Of Requirement For Good Moral Charac-
ter—
Dantes vs. Dantes
438 SCRA 582
Held: ‘The purposes for the requirement of good
moral character are: (i) to protect the public (i) the
protect the public image of lawyers: and (il) to protect
prospective clients. The Supreme Court added a
fourth: to protect errant lawyers from themselves.
‘Unlawful Acts Or Violation Of Laws.—A lawyer is
bound to uphold the Constitution and obey the laws of the
land (Rule 138, Sec. 20 {al, RRC). He can be disciplined for
violating the laws of the country. Being a lawyer, he ts
Supposed to be a model in the community in so far as
respect to the law is concerned.
‘Thus, a lawyer was suspended for promoting an or-
ganization designed to violate or evade the laws agate!
eave wath knowledge of its alms (in re: Terrell, 2 Phil
266). So, also a lawyer who agreed to purchase Opi
prohibited drug—although the sale was not consummated
.d of the purchase price by the ven-
Secese ew o 58 Ph. 350). And a lawyer who
dors (Piatt vs. Abordo,
76 SCRA 662: Villa-
s. Decena
"6 See also: Melendret ¥8- V
ce ee paB SCRA 7OT: In RE: AIC. Ae
ScRA 14 248 eitierrez, 485 SCRA 244;
SCRA 14; Huyssen VS:
Tirado, 500 SCRA 301.