"x x x.
The practice of law is a privilege bestowed on those who show that they possess and continue to possess the legal qualifications for it. Indeed, lawyers are expected to maintain at all times a high standard of legal proficiency and morality, including honesty, integrity and fair dealing. They must perform their four-fold duty to society, the legal profession, the courts and their clients, in accordance with the values and norms of the legal profession as embodied in the Code of Professional Responsibility.[8]
Atty. Magat’s act clearly falls short of the standards set by the Code of Professional Responsibility, particularly Rule 10.01, which provides:
Rule 10.01 – A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice.
In this case, the Court agrees with the observation of the IBP that there was a deliberate intent on the part of Atty. Magat to mislead the court when he filed the motion to dismiss the criminal charges on the basis of double jeopardy. Atty. Magat should not make any false and untruthful statements in his pleadings. If it were true that there was a similar case for slight physical injuries that was really filed in court, all he had to do was to secure a certification from that court that, indeed, a case was filed.
Furthermore, Atty. Magat expressly admitted appearing in court on two occasions despite having been suspended from the practice of law by the Court. Under Section 27, Rule 138 of the Rules of Court, a member of the bar may be disbarred or suspended from office as an attorney for a willful disobedience of any lawful order of a superior court and/or for corruptly or wilfully appearing as an attorney without authority to do so. It provides:
SEC. 27. Disbarment or suspension of attorneys by Supreme Court; grounds therefor. — A member of the bar may be disbarred 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 admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully 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. [Underlining supplied]
As stated, if Atty. Magat was truly moved by altruistic intentions when he appeared before the trial court despite having been suspended, he could have informed the Presiding Judge of his plight and explained why the party 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 with more severely.
SO ORDERED.
x x x."
