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Canons 1-5 PDF

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175 views27 pages

Canons 1-5 PDF

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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.

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