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LEGAL PROFESSION
Aring, Alyanna M.
Malamid, Iza E.
EH 309
Independent health experts have been unable to confirm that any of the
dengue deaths they have examined resulted from taking Dengvaxia, the PAO’s
allegation in the 35 complaints, covering 33 deaths, that it has filed. But the PAO has
yet to present a single case proving that Dengvaxia caused death. It declared the
discovery of a “medical link” between deaths of dengue-infected children and the
Dengvaxia vaccine, without explaining the nature of that link.
Public Attorney’s Office chief Persida Acosta should immediately admit that
she committed a fatal mistake in making baseless accusations and unfounded
allegations that led to the Dengvaxia scare, so that hundreds of thousands of Filipino
children can be saved from measles and other infectious diseases that vaccinations
may help prevent.
As to the matter of the case filed in the Office of the Obudsman, PAO’s Chief
Acosta should cooperate during the investigation and face the accusations filed
against her. May this be a lesson to the people in the legal profession, not to involve
themselves in areas outside of their expertise.
2. What do you think should set the Carolinian lawyer apart from other lawyers?
What sets a Carolinian lawyer apart from other lawyers is that they are
competent, socially responsible, and a life lifelong learner in an environment that fosters
excellence. These principles are always observed by Carolinian lawyers.
They are competent in the sense that they always seek excellence not just in
competitions or in exams but also in applying the learning that the school bestowed
upon its students. Aside from being competent, a Carolinian lawyer is also socially
responsible, they seek to know and understand different societal issues and respond to it
rationally without forgetting the core values of being a Carolinian. Lastly, a lifelong
learner that seeks to always learn, and to always adapt in every situation and still
manifest the Carolinian teachings.
3. What is your opinion on the state of the legal profession in the country? How can this
be improved or enhanced?
Media plays a very important role in relating to the public the actions taken
regarding these social issues and as it is our legal practitioners' role to ensure that social
justice is achieved for all despite of race, financial status, religion, political beliefs.
With the pressing social issues in the philippines at current, legal practitioners
are often put into question. There is no doubt that our country has competitive legal
practitioners who has sworn to protect every citizens given right. However, the media
plays a very important role in relating to the public the actions taken regarding these
social issues and how our legal practitioners are handling these issues as it is our
country's legal practitioners' role to ensure that social justice is achieved for all despite of
race, financial status, religion, political beliefs.
Judicial system in our country has always strived to deliver excellent service and
promote justice and protect life in all means possible. To better improve this,
transparency in all means possible should be encouraged, basic law should be integrated
in high school and college to promote deeper understanding about laws governing our
system so that citizens in legal age be allowed to represent themselves, express
themselves, and protect themselves.
4. As student of the law, how do you prepare yourself, ethics-wise, for the legal
profession?
Law students should learn how to spot ethical dilemmas that might arise in legal
practice. We should be aware of the particular laws and regulations governing the
conduct of the law profession so we could better equip and conduct ourselves once we
enter the legal profession.
This is the significance of teaching legal ethics in law schools. Ultimately, legal
ethics courses would help guide the conduct of students once we leave school and
become practitioners.
FACTS:
Republic Act. No. 6397 entitled “An Act Providing for the
Integration of the Philippine Bar and Appropriating Funds Therefore” was
passed in September 1971, ordaining “Within two years from the approval
of this Act, the Supreme Court may adopt rules of court to effect the
integration of the Philippine Bar.” The Supreme Court formed a
Commission on Bar Integration and in December 1972, the Commission
earnestly recommended the integration of the bar. The Court accepted all
comments on the proposed integration.
ISSUE(S):
1. Whether or not the Court has the power to integrate the Philippine bar.
3. Whether or not the Court should ordain the integration of the bar at this
time.
RULING:
In ruling on the issues raised, the Court first adopted the definition
given by the Commission to “integration” in this wise: “Integration of the
Philippine Bar means the official unification of the entire lawyer
population of the Philippines. This requires membership and financial
support (in reasonable amount) of every attorney as conditions sine qua
non to the practice of law and the retention of his name in the Roll of
Attorneys of the Supreme Court.” The term “Bar” refers to the collectivity
of all persons whose names appear in the Roll of Attorneys. An Integrated
Bar (or unified Bar) perforce must include all lawyers.
On the first issue, the Court held that it may integrate the Bar in the
exercise of its power “to promulgate rules concerning pleading, practice,
and procedure in all courts, and the admission to the practice of law.”
Indeed, the power to integrate is an inherent part of the Court’s
constitutional authority over the Bar.
August 3, 1978
FACTS:
ISSUE(S):
Whether or not the court may compel Atty. Edillon to pay his membership
fee to the IBP.
RULING:
FACTS:
ISSUE:
RULING:
Facts:
Issue:
Is a lawyer’s misbehavior before the NLRC susceptible of the provisions of
the Code of Professional Conduct?
Held:
The MRMI contains insults and diatribes against the NLRC,
attacking both its moral and intellectual integrity, replete with implied
accusations of partiality, impropriety and lack of diligence. Respondent
used improper and offensive language in his pleadings that does not admit
any justification. The assertion that the NLRC not being a court, its
commissioners, not being judges or justices and therefore not part of the
judiciary and that consequently, the Code of Judicial Conduct does not
apply to them, is unavailing. In Lubiano v. Gordolla, the Court held that
respondent became unmindful of the fact that in addressing the NLRC, he
nonetheless remained a member of the Bar, an oath-bound servant of the
law, whose first duty is not to his client but to the administration of justice
and whose conduct ought to be and must be scrupulously observant of law
and ethics.
Respondent has clearly violated Canons 8 and 11 of the Code of
Professional Responsibility. His actions erode the public’s perception of the
legal profession.
Atty. Benjamin C. Alar is hereby REPRIMANDED with a stern
warning that severe penalties will be imposed in case similar misconduct
is again committed.
Respondent failed to pay her loan when it fell due. And despite
repeated demands, she failed to settle her obligation. Complainant
attempted to register the Deed of Absolute Sale with the RD of Naga City
but to no avail because the said SPA only covered the authority of
respondent to mortgage the property to a bank, and not to sell it.
Complainant argued that if not for respondent's misrepresentation, he
would not have approved her loan. He added that respondent committed
dishonesty, and used her skill as a lawyer and her moral ascendancy over
him in securing the loan.
Issue:
A) Whether respondent disobeyed a lawful order of the Court by not
abiding by the order of her suspension.
Ruling:
A) Yes. When the Court orders the suspension of a lawyer from the
practice of law, the lawyer must desist from performing all functions
which require the application of legal knowledge within the period of his
or her suspension. While service of a judgment or resolution must be
done personally or by registered mail and that mere showing of a
downloaded copy of the October 5, 2011 Resolution to respondent is not a
valid service, the fact, however, that respondent was duly informed of
her suspension remains unrebutted. During and even after the period of
her suspension and without filing a sworn statement for the lifting of her
suspension, respondent signed pleadings and appeared in courts as
counsel such acts of respondent are in violation of the order of her
suspension to practice law.
B) Yes. Under Section 27, Rule 138 of the Rules of Court, a member of
the bar may be disbarred or suspended from the practice of law for
willful disobedience of any lawful order of the superior court, among
other grounds. Here, respondent willfully disobeyed the Court's lawful
orders by failing to comply with the order of her suspension, and to the
Court's directive to observe the guidelines for the lifting thereof.
ROSALIE P. DOMINGO
FACTS:
ISSUE:
Whether or not the court should adopt the findings of the IBP Commission
HELD:
YES. The Court adopted the findings of the IBP Commission but modifies
the recommended penalty of the IBP Board.
• Rule 1.01 of the Code states that a lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct. It instructs
that as officers of the court, lawyers are bound to maintain not
only a high standard of legal proficiency, but also of morality,
honesty, integrity, and fair dealing.
• Rule 16.04 of the Code states that a lawyer shall not borrow
money from his client unless the client's interest are fully
protected by the nature of the case or by independent advice. The
rule against borrowing of money by a lawyer from his client is
intended to prevent the lawyer from taking advantage of his
influence over his client.
• On the other hand, Rule 18.04 of the Code states that a lawyer
shall keep the client informed of the status of his case and shall
respond within a reasonable time to the client's request for
information. It is the lawyer's duty to keep his client constantly
updated on the developments of his case as it is crucial in
maintaining the latter's confidence.
In this case, the Court finds that respondent violated Rule 1.01,
Rules 16.04, and 18.04 of the Code based on the substantial evidence
presented by complainant.
RULING:
• DISBARRED from the practice of law and his name stricken off
the Roll of Attorneys