Tuesday, January 14, 2014

Gross misconduct; lawyer disbarred - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG

See - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG


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Attorney; Gross Misconduct. A complaint for disbarment was filed against Assistant Provincial Prosecutor Atty. Salvador N. Pe, Jr. for falsifying an inexistent decision of the RTC. The Supreme Court held that the respondent was guilty of grave misconduct for having authored the falsification of the decision in a non-existent court proceeding. Canon 7 of the Code of Professional Responsibility demands that all lawyers should uphold at all times the dignity and integrity of the Legal Profession. Rule 7.03 of the Code of Professional Responsibility states that “a lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.” Lawyers are further required by Rule 1.01 of the Code of Professional Responsibility not to engage in any unlawful, dishonest and immoral or deceitful conduct. Gross immorality, conviction of a crime involving moral turpitude, or fraudulent transactions can justify a lawyer’s disbarment or suspension from the practice of law. Specifically, the deliberate falsification of the court decision by the respondent was an act that reflected a high degree of moral turpitude on his part. Worse, the act made a mockery of the administration of justice in this country, given the purpose of the falsification, which was to mislead a foreign tribunal on the personal status of a person. Thus, the Court disbarred the respondent. 

- Atty. Oscar L. Embido, etc. v. Atty. Salvador N. Pe, Jr., etc., A.M. No. 6732, October 22, 2013.

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