Discipline of Lawyers Flashcards
What is the nature and characteristics of disciplinary proceedings
Sui Generis: A Class of Its Own
Nature: Neither purely civil nor criminal; not intended to punish lawyers.
Purpose: Not a trial but an investigation conducted by the court.
No Plaintiff or Prosecutor: Anyone can file a complaint, even without direct injury.
Rationale: Rooted in public interest, determining whether an attorney remains fit to retain the privilege of practicing law.
What is RULE 139-B (DISBARMENT AND DISCIPLINE OF ATTORNEYS)
Section 1.How Instituted. — Proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme Courtmotu propio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.
The IBP Board of Governors may,motu propioor upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapter who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.
Why are proceedings confidential
Section 18.Confidentiality. — Proceedings against attorneys shall be private and confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases.
To free the Court from any influence
To protect the reputation of judges and attorneys if the ground for discipline is baseless
Confidentiality only applies during the pendency of the proceeding, not to the decision
Can be waived by the lawyer/ judge concerned, unless the waiver is against public policy (Villalon vs. IAC, G.R. No. 73751)
Does the principle of double jeopardy and prejudicial question apply
The principles of double jeopardy and prejudicial question do not apply (Pimental, Jr. vs. Llorente, A.C. 4680)
What if the complainant is in pari delicto
It is immaterial that the complainant is in pari delicto because the proceeding is not to grant relief, but to purge the legal profession of unfit members ( Mortel vs. Aspiras, G.R. No. L-9152)
Is monetary award given
Monetary awards cannot be given, only restitution of money or property of clients
Are the proceedings the same as criminal or civil cases
These proceedings are distinct and independent from criminal or civil cases relating to the lawyer/ judge involved (Esquivias vs. CA, G.R. No. 119714)
Are the proceedings violative to the due process clause
These proceedings when instituted does not violate due process clause (In Re: Montagne, G.R. No. 1107)
Does the case of disbarment prescribe
“It is first worth mentioning that the respondent’s defense of prescription is untenable. The Court has held that administrative cases against lawyers do not prescribe. The lapse of considerable time from the commission of the offending act to the institution of the administrative complaint will not erase the administrative culpability of a lawyer. Otherwise, members of the bar would only be emboldened to disregard the very oath they took as lawyers, prescinding from the fact that as long as no private complainant would immediately come forward, they stand a chance of being completely exonerated from whatever administrative liability they ought to answer for.”
(Fidela and Teresita Bengco vs. Atty. Pablo Bernardo, A.C. No. 6368, June 13, 2012)
What are the grounds for a disbarment case
Section 27.Attorneys removed or suspended by Supreme Court on what grounds. — A member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before the admission to practice, or for a wilfull disobedience of any lawful order of a superior court, or for corruptly or willful appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.
*These are not exclusive; the power of the SC cannot be restricted
Can misconduct in private capacity be a ground for disbarment of a lawyer
GENERAL RULE: Lawyer may not be sanctioned
EXCEPTION: If the misconduct outside his profession is so gross, it makes the lawyer morally unfit for the office (Co vs. Bernardino, A.C. No. 3919, 1998)
Where can disbarment cases be filed
- Judges of the Court of Appeals
- Justices of the Sangdiganbayan
- Judges of the Court of Tax Appeals
- Judges of the lower courts
- Lawyers employed in the above-mentioned institutions
*Complaints against judges prior to their appointments are also filed with the SC
Can the disbarment case be terminated by reason of desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same
No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same,unless the Supreme Court motu propio or upon recommendation of the IBP Board of Governors, determines that there is no compelling reason to continue with the disbarment or suspension proceedings against the respondent. (Amendment pursuant to Supreme Court Resolution dated May 27, 1993 re Bar Matter 356).
Discuss about the discipline of lawyers practicing abroad
If the lawyer was disbarred or suspended by the disciplining agency or court in the foreign jurisdiction where he is practicing, he can also be disciplined in our jurisdiction if the basis of the suspension or disbarment is one of the grounds mentioned in Section 27, Rule 138.
The judgment of suspension or disbarment issued by the foreign disciplining agency is a PRIMA FACIE EVIDENCE of the ground of disbarment or suspension. (Sec. 27, Rule 138 as amended by the Supreme Court Resolution dated February 13, 1992)
Quantum of proof in disbarment cases
CLEAR, CONVINCING, AND SATISFACTORY EVIDENCE
“Clear and convincing evidence” is amedium levelburden of proofwhich must be met for certainconvictions/judgments. This standard is a more rigorous to meet thanpreponderance of the evidencestandard, but less rigorous standard to meet than proving evidencebeyond areasonable doubt. The clear and convincing evidence standard is employed in bothcivilandcriminaltrials.
