Professional Documents
Culture Documents
Administrative Liabilities
Administrative Liabilities
Administrative Liabilities
an official reprimand
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GROSS IMMORALITY
flexible standard
what appears to be unconventional 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
WILLFUL DISOBEDIANCE OF ANY LAWFUL ORDER OF A SUPERIOR
COURT
Ex. Failure to surrender records or appear as counsel de officio to comment
on a matter pending
CORRUPT OR WILLFUL 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 as a ground if included in the grounds under Rule 138,
Section 27
Any person even if not aggrieved but knows of the misconduct, unlawful
or unethical act
A DISBARMENT INVOLVES NO PRIVATE INTEREST
Justices and judges are not contemplated in the clause including those in
the government service
Confidentiality of proceedings
MITIGATING CIRCUMSTANCES
Good faith in the acquisition of property
Independence of a lawyer
Age
Apology
Lack of intention
AFFIDAVITS OF DESISTANCE, SETTLEMENT, COMPROMISE,
RESTITUTION, WITHDRAWAL OF CHARGES OR FAILURE TO
PROSECUTE
No investigation shall be interrupted or terminated by reason of the
above unless the SC finds no compelling reason to continue
Affidavit of Desistance will cause the dismissal if there is nothing more
which could substantiate the charge
Withdrawal of complaint same
Lack of interest to prosecute same
PREJUDICIAL QUESTION:
IS SUBJECT MATTER IS ALSO THE SUBJECT OF, OR IS INTERTWINEDIN
THE SUBJECT MATTER IN ANOTHER PENDING CASE, AND THE RESOLUTION OF
WHICH IS DETERMINATIVE OF THE QUILT OR INNOCNESE OF THE
RESPONDENT, IT MAY BE HELD IN ABEYANCE PENDING RESOLUTION OF THE
OTHER CASE
Ramos v Miculob
-In re: Brillantes (criminal case pending)