Professional Documents
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Molina vs. Magat
Molina vs. Magat
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1 Rollo, p. 231.
2 Id., at pp. 3-4.
VOL. 672, JUNE 13, 2012 5
4
Molina vs. Magat
proceedings, admitted to his misdeeds and put his fate squarely the values and norms of the legal profession as embodied in
with the disciplinary body. Yet, he proceeded to fight the charges the Code of Professional Responsibility.8
against him. Atty. Magat’s act clearly falls short of the standards set
Moreover, if respondent was indeed moved by altruistic by the Code of Professional Responsibility, particularly
intentions when he made those appearances before the trial court Rule 10.01, which provides:
despite having been suspended, he could have so informed the Rule 10.01 – A lawyer shall not do any falsehood, nor
Presiding Judge of his plight and explained why the party he was consent to the doing of any in Court; nor shall he mislead,
representing could not attend. Yet, what he proceeded to do was or allow the Court to be misled by any artifice.
to enter his appearance as counsel. Indeed, it is beyond doubt he In this case, the Court agrees with the observation of the
trifled with the suspension order handed by the Supreme Court. IBP that there was a deliberate intent on the part of Atty.
If there is one thing going for respondent, it is that the passage Magat to mislead the court when he filed the motion to
of time with which this case remains pending makes it difficult to dismiss the criminal charges on the basis of double
impose a penalty of suspension on him. Under normal jeopardy. Atty. Magat should not make any false and
circumstances, this Commission would not have thought twice of untruthful statements in his pleadings. If it were true that
suspending respondent. However, the acts committed by there was a similar case for slight physical injuries that
respondent occurred over TWENTY (20) YEARS ago. It would not was really filed in court, all he had to do was to secure a
be fair to now impose a suspension on respondent, more so certification from that court that, indeed, a case was filed.
considering that he is, in all likelihood, in the twilight of his Furthermore, Atty. Magat expressly admitted appearing
career. in court on two occasions despite having been suspended
On the other hand, there is still a need to discipline respondent from the practice of law by the Court. Under Section 27,
if only to set an example to other lawyers that suspension orders Rule 138
of the Supreme Court cannot simply be ignored. Thus, it is the
recommendation of the undersigned that respondent be meted a _______________
fine of FIFTY THOUSAND PESOS (P50,000.00) and that he be 7 Id., at p. 231.
heavily reprimanded for his actions, the passage of time 8 Lijauco v. Terrado, 532 Phil. 1, 5; 500 SCRA 301, 305 (2006).
notwithstanding.”6
7
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6 Id., at pp. 235-236. VOL. 672, JUNE 13, 2012 7
6 Molina vs. Magat
6 SUPREME COURT REPORTS ANNOTATED of the Rules of Court, a member of the bar may be
disbarred or suspended from office as an attorney for a
Molina vs. Magat willful disobedience of any lawful order of a superior court
and/or for corruptly or wilfully appearing as an attorney
On May 14, 2011, the IBP Board of Governors passed its without authority to do so. It provides:
Resolution7 adopting the findings of the Investigating
Commissioner. It, however, deleted the imposition of fine. “SEC. 27. Disbarment or suspension of attorneys by Supreme
The Court agrees with the findings of the IBP but not Court; grounds therefore.—A member of the bar may be disbarred
with respect to the penalty. or suspended from his office as attorney by the Supreme Court for
The practice of law is a privilege bestowed on those who any deceit, malpractice, or other gross misconduct in such office,
show that they possess and continue to possess the legal grossly immoral conduct, or by reason of his conviction of a crime
qualifications for it. Indeed, lawyers are expected to involving moral turpitude, or for any violation of the oath which
maintain at all times a high standard of legal proficiency he is required to take before admission to practice, or for a willful
and morality, including honesty, integrity and fair dealing. disobedience of any lawful order of a superior court, or for
They must perform their four-fold duty to society, the legal corruptly or willfully appearing as an attorney for a party to a
profession, the courts and their clients, in accordance with case without authority so to do. The practice of soliciting cases at
law for the purpose of gain, either personally or through paid
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2/16/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 672 2/16/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 672
agents or brokers, constitutes malpractice.” [Underlining The term “practice of law” implies customarily or
supplied] habitually holding oneself out to the public as a lawyer for
compensation as a source of livelihood or in consideration
As stated, if Atty. Magat was truly moved by altruistic of his services. (Noe-Lacsamana vs. Busmente, 661 SCRA 1
intentions when he appeared before the trial court despite [2011])
having been suspended, he could have informed the
Presiding Judge of his plight and explained why the party ——o0o——
he was representing could not attend. On the contrary,
Atty. Magat kept his silence and proceeded to represent his
client as counsel.
WHEREFORE, respondent Atty. Ceferino R. Magat is
hereby ordered SUSPENDED from the practice of law for
six (6) months with a WARNING that the commission of
the same or similar offense in the future would be dealt © Copyright 2020 Central Book Supply, Inc. All rights reserved.
with more severely.
SO ORDERED.
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** Per Special Order No. 1228 dated June 6, 2012.
*** Designated Acting Member in lieu of Associate Justice Presbitero
J. Velasco, Jr., per Special Order No. 1229 dated June 6, 2012.