The Lawyer's Oath By J. By J. Jose L. Sabio, Jr. Jr. The Oath: The Lawyer's Ideal What is an oath? Webster defnes it as: A solemn appeal to God, or in a wider sense, to any sacred or revered revered person or sanction or the truth o an armation or declaration or in witness o the inviolability o a promise or undertakin! As early as Alvarez vs. "#$, the %upreme "ourt e&plained its meanin in this wise: $n its broadest sense, an oath includes any orm o attestation by which a party sinifes that he is bound in conscience to perorm an act aithully and truthully! $t is an outward plede iven by the person takin it, that his attestation or promise is made under an immediate sense o his responsibility to God! Section 17 of Rule 1! of the Rules of "ourt states that an applicant who has passed the re'uired e&amination, or has been otherwise ound to be entitled to admission to the bar, shall take and subscribed beore the %upreme "ourt an oath o oce! (he new lawyer swears beore a duly constituted authority as an attestation that he)she takes on the duties and responsibilities proper o a lawyer! *ore particularly, orm + o the -udicial standard orms prescribes the ollowin oath to be taken by the applicant:
I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; Philippines; I will support its Constitution and obey laws as well as the legal orders of the duly constituted authorities therein; therein; I will do no falsehood nor consent to the doing of any court; I will not wittingly nor willingly promote or sue any groundless false or unlawful suit or give aid nor consent to the same; I will delay no man for money or malice and will conduct myself as a lawyer according to the best of my !nowledge and discretion with all good "delity as well to the courts as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. #o help me $od. (he takin o this oath is a condition to the the admission to practice law and may only be taken beore the %upreme "ourt by a person authori.ed by the hih court to enae in the practice o law! And what is the nature o a lawyer/s oath? $n the case o %ebastian vs! "alis the %upreme "ourt held that: A lawyer/s oath are not mere acile words, drit and hollow, but a sacred trust that must be upheld and kept inviolable! inviolable! (he substance and ravity behind these words may be understood in the liht o the substance and ravity behind the oath bein taken! $n a sense, the oath embodies the ideals by which a lawyer lives by in the practice o the leal proession! (his is why why the lawyer/s lawyer/s oath has been likened likened to a condensed version o the canons o proessional responsibility! (his seems to have been been confrmed in in 0ndaya vs! vs!
1ca, where it was held that: the lawyer/s oath embodies the undamental principles that uide every member o the leal raternity! #rom it sprins the lawyer/s duties and responsibilities responsibilities that any inrinement thereo can cause his disbarment, suspension or other disciplinary actions! $n the words o the %upreme "ourt, an oath is any orm o attestation by which a party sinifes that he is bound in conscience to perorm an act aithully and truthully! What then does a lawyer promise to perorm aithully and truthully when he takes on the oath upon bein admitted to the practice o law? $t is the very practice o his duties and responsibilities as a lawyer! (he ravity o the oath is rounded on two important thins: on the ravity o a lawyer/s duties and on the act that he makes a solemn promise beore God to undertake these duties aithully! When a reat amount o trust is placed on such an oce, then a correspondin sense o interity and responsibility is e&pected o those who have taken on that oce! (he leal proession is one such oce laden with a reat amount o trust! $n the hands o the lawyer is entrusted not only the power to steer the course o some client/s personal or business uture but more importantly, the very nature o the leal proession presupposes a certain moral burden that demands personal interity! As stated by the %upreme "ourt: 2awyers are e&pected to abide by the tenets o morality, not only upon admission to the Bar but also throuhout their leal career, in order to maintain one/s ood standin in that e&clusive e&clusive and honored raternity! Good moral character is more than -ust the absence o bad character! %uch character e&presses itsel in the will to do the unpleasant thin i it is riht and the resolve not to do the pleasant thin i it is wron! (his must be so because vast interests are are committed to his care3 he is the recipient o unbounded trust and confdence3 he deals with his client/ s property, reputation, his lie, his all! A lawyer is said to be the servant o the law and belons to a proession to which society has entrusted the administration o law and the dispensin o -ustice! #or this reason, a lawyer/s oath impresses upon him the responsibilities o an ocer o the court upon whose shoulders rest rest the rave responsibility o assistin courts in the proper, air, speedy and ecient administration o -ustice! $n act, it may be understood that the words contained in the oath o oce summari.e the main duties and responsibilities a lawyer is supposed to take on in the practice o law! $n other words, every time an oath o oce is taken, the person makin the statement in e4ect states that in takin on the oath he)she promises promises to conscientiously conscientiously ulfll the duties d uties entrusted to his oce! Section #$ of Rule 1! enumerates 1! enumerates what these duties are! $t is the duty o an attorney 5
6a7 (o maintain alleiance to the 8epublic o the 9hilippines and to support the "onstitution and obey the laws o the 9hilippines3 6b7 (o observe and maintain the respect due to the courts o -ustice and -udicial ocers3 6c7 (o counsel or maintain such actions or proceedins only as appearin to him to be -ust, and such deenses only as he believes to be honestly debatable under the law3 6d7 (o employ, or the purpose o maintainin the causes confded to him, such means only as are consistent with truth and honor, and never seek to mislead the -ude or any -udicial ocer by an artifce or alse statement o act or law3 6e7 (o maintain inviolate the confdence, and at every peril to himsel, to preserve the secrets o his client, and to accept no compensation in connection with his clients/ business e&cept rom him or with his knowlede and approval3 67 (o abstain rom all o4ensive personality and to advance no act pre-udicial to the honor or reputation o a party or witness, unless re'uired by the -ustice o the cause with which he is chared3 67 ot to encourae either the commencement or the continuance o an action or proceedin, or delay any man/s cause, rom any corrupt motive or interest3 6h7 ever to re-ect, or any consideration personal to himsel, the cause o the deenseless or oppressed3 6i7 $n the deense o a person accused o crime, by all air and honorable means, reardless o his personal opinion as to the uilt o t he accused, to present every deense that the law permits, to the end that no person may be deprived o lie or liberty, but by due process o law! $n order to ulfll these duties, every lawyer is e&pected to live by a certain mode o behavior now distilled in what is known as the "ode of %rofessional Res&onsibility! (he "ode mandates upon each lawyer, as his duty to society, the obliation to obey the laws o the land and promote respect or law and leal processes! %pecifcally, he is orbidden to enae in unlawul, dishonest, immoral or deceitul conduct! $n essence, all that is contained in this "ode is succinctly summari.ed in the oath o oce taken by every lawyer! $t is o little surprise to fnd that in %agdaluyo vs. &ace the %upreme "ourt declares that the lawyer/s oath is a source o obliations and violation thereo is a round or suspension, disbarment or other disciplinary action! $n the case o 'usinos vs. Ricafort , the %upreme "ourt also held that: By swearin the lawyer/s oath, an attorney becomes a uardian o truth and the rule o law, and an indispensable instrument in the air and impartial administration o -ustice a vital unction o democracy, a ailure o which is disastrous to society! While the duty to uphold the constitution and obey the laws is an obliation imposed upon every citi.en, a lawyer assumes responsibilities over and beyond the basic re'uirements o ood citi.enship! As servant o the law, a lawyer ouht to make himsel an e&le or others to
emulate! ;e should be possessed o and must continue to possess ood moral character! $n 'rion (r. vs. 'rillantes (r. , the %upreme "ourt also ruled: the lawyer/s primary duty as enunciated in the attorney/s oath is to uphold the constitution, obey the laws o the land and promote respect or the law and leal processes! (hat duty in its irreducible minimum entails obedience to the leal orders o the court!(he importance and sinifcance in upholdin the sanctity o a lawyer/s oath have been hihlihted by the %upreme "ourt in the various rulins it made involvin disciplinary actions aainst members o the leal raternity! The Real orld Of The Le(al %ractice While it is true that these ideals by which every lawyer swears to live by remain sublime, the same ideals oten hardly motivate some lawyers in the real world o leal practice! $nstead o hih ideals, less honorable reasons and more pramatic considerations oten fnancial and material in nature take hold o many a cynical and hardened lawyer! (his has been the cause o lament and e&pressions o rave concern by honorable individuals, amon them the late %upreme "ourt "hie
disbarment, held: (he attorney/s oath is the source o the obliations and duties o every lawyer and any violation thereo is a round or disbarment, suspension, or other disciplinary action! (he attorney/s oath imposes upon every member o the bar the duty to delay no man or money or malice! %aid duty is urther stressed in 8ule >!@ o the code o proessional responsibility! 8espondent/s demands or sums o money to acilitate the processin o pendin applications or re'uests beore her oce violates such duty, and runs aoul o the oath she took when admitted to the bar! (he armation by a lawyer to uphold the law was the sub-ect in *e $uzman vs. *e *ios ! $n this case where respondent was chared or representin con=ictin interest, ound uilty and suspended or si& months, with a warnin, the hihest tribunal held: (o say that lawyers must at all times uphold and respect the law is to state the obvious, but such statement can never be overemphasi.ed! "onsiderin that, /o all classes and proessions, 6lawyers are7 most sacredly bound to uphold and respect the law/, it is imperative that they live by the law! Accordinly, lawyers who violate their oath and enae in deceitul conduct have no place in the leal proession! As a lawyer, respondent is bound by her oath to do no alsehood or consent to its commission and to conduct hersel as a lawyer to the best o her knowlede and discretion! (he lawyer/s oath is a source o obliation and violation thereo is a round or suspension, disbarment, or other disciplinary action! (he acts o respondent Atty! e ios are clearly in violation o her solemn oath as a lawyer that this court will not tolerate! $n #evillano 'atac (r. et al. vs. Atty. P. Cruz (r. , the %upreme "ourt in orderin the suspension o respondent, 'uoted %ec! +C o 8ule >@ o the 8evised 8ules o "ourt, thus: Section #7. Disbarment or suspension of attorneys by supreme court; grounds therefor: A member o the bar may be disbarred or suspended rom his oce as attorney by the %upreme "ourt or any deceit, malpractice, or, other ross misconduct in such oce, rossly immoral conduct, or by reason o his conviction o a crime involvin moral turpitude, or or any violation o the oath which he is re'uired to take beore admission to practice, or or a willul disobedience o any lawul order o a superior court, or or corruptly or willully appearin as an attorney or a party to a case without authority so to do! (he practice o solicitin cases at law or the purpose o ain, either personally or throuh paid aents or brokers, constitutes malpractice! A lawyer, under his oath, pledes himsel not to delay any man or money or malice and is bound to conduct himsel with all ood fdelity to his
client! %uch was the pronouncement o the %upreme "ourt in orderin the disbarment o lawyer who converted the money o his client to his own personal use without her consent! (he lawyer/s oath e&horts law practitioners not to wittinly or willinly promote or sue any roundless, alse or unlawul suit, nor ive aid nor consent to the same! $n +oung vs. 'atuegas , where respondent was suspended or si& months or knowinly allein an untrue statement o act in his pleadin, the %upreme "ourt said, thus: A lawyer must be a disciple o truth! ;e swore upon his admission to the bar that he will /do no alsehood nor consent to the doin o any in court/ and he shall conduct himsel as a lawyer accordin to the best o his knowlede and discretion with all ood fdelity as well to the courts as to his clients! ;e should bear in mind that as an ocer o the court his hih vocation is to correctly inorm the court upon the law and the acts o the case and to aid it in doin -ustice and arrivin at a correct conclusion! (he courts, on the other hand, are entitled to e&pect only complete honesty rom lawyers appearin and pleadin beore them! While a lawyer has the solemn duty to deend his client/s rihts and is e&pected to display the utmost .eal in deense o his client/s cause, his conduct must never be at the e&pense o truth! (hat a lawyer/s oath are not mere acile words, drit and hollow, was applied by the %upreme "ourt in )da. *e Rosales vs. Ramos , where a notary public commission was revoked and respondent dis'ualifed rom bein a notary public, in this manner: where the notary public is a lawyer, a raver responsibility is placed upon him by reason o his solemn oath to obey the laws and to do no alsehood or consent to the doin o any! $ndeed when an oce entrusted with reat responsibility and trust by society is violated and abused, one fnds truth in the e&pression corruptio optimi pessima 6the corruption o the best is the worst7! (he words o ormer 9residin
%upreme "ourt in ,ndaya vs. -ca #or practical purposes, the lawyers not only represent the law3 they are the law! With their ubi'uitous presence in the social milieu, lawyers have to be responsible! (he problems they create in lawyerin become public diculties! (o keep lawyers responsible underlies the worth o the ethics o lawyerin! $ndeed, leal ethics is simply the aesthetic term or proessional responsibility! Endoubtedly, aithul compliance and observance o the canons o the "ode o 9roessional 8esponsibility is the main ob-ect o the *"20! And to ensure success thereo, the %upreme "ourt, in its various pronouncements in administrative cases fled aainst lawyers, has emphasi.ed the lawyer/s basic duties and responsibilities! $n a more recent rulin, the %upreme "ourt recapitulated the sinifcance and importance o the oath in this wise: (his oath to which all lawyers have subscribed in solemn areement to dedicate themselves to the pursuit o -ustice is not a mere ceremony or ormality or practicin law to be orotten aterwards3 nor is it mere words, drit and hollow, but a sacred trust that lawyers must uphold and keep inviolable at all times! By swearin the lawyer/s oath, they become uardians o truth and the rule o law, as well as instruments in the air and impartial dispensation o -ustice! $ndeed, i the leal proession is to achieve its basic ideal to render public service and serve the ends o -ustice, there is a need to unceasinly and constantly inculcate proessional standards amon lawyers! As the %upreme "ourt in Cordon vs. 'alicanta /supra0 said: $ the practice o law is to remain an honorable proession and attain its basic ideal, those enrolled in its ranks should not only master its tenets and principles, but should also in their lives accord continuin fdelity to them!
"O+ O- %RO-SSIO)L RS%OSI*ILIT/ 1. "anon 1 0 ) lawyer shall u&hold the constitution, obey the laws of the land and &roote res&ect for law and le(al &rocesses 8ule >!> 5 A lawyer shall not enae in unlawul, dishonest, immoral or deceitul conduct! 8ule >!+ 5 A lawyer shall not counsel or abet activities aimed at defance o the law or at lessenin confdence in the leal system 8ule >!@ 5 A lawyer shall not, or any corrupt motive or interest, encourae any suit or proceedin or delay any manFs cause #$$2 R3LS O OT)RI)L %R)"TI" ).4. O. $#5!515S" R3L I 0 I4%L4T)TIO Section 1. Title. 0 (hese 8ules shall be known as the + 8ules on otarial 9ractice Section #. Purposes. 0 (hese 8ules shall be applied and construed to advance the ollowin purposes: 6a to &roote, ser8e, and &rotect &ublic interest9 6b to si&lify, clarify, and odernie the rules (o8ernin( notaries &ublic9 and 6c to foster ethical conduct aon( notaries &ublic Section . Interpretation. 0 Enless the conte&t o these 8ules otherwise indicates, words in the sinular include the plural, and words in the plural include the sinular! 8E20% $$ 5 H$$$ 6reer to the 8ules o "ourt, paes CIIC@7 S%O3SS S)T3/O ;.
C, +I A(E80 Administrative case in %" or %erious *isconduct and ishonesty #A"(% 9etitioners Ben-amin %antuyo and 0ditha %antuyo accused respondent Atty! 0dwin ;idalo o serious misconduct and dishonest or breach o his lawyerLs oath and notarial law $n ec >MM>, couple purchased parcel o land covered by deed o sale $t was alleedly notari.ed by ;idalo and entered in his notarial reister %i& years later, couple had dispute with anilo German over ownership o said land3 German presented an adavit e&ecuted by ;idalo denyin authenticity o his sinature on deed o
sale 9etitioners/ "laim ;idalo overlooked the act that deed o sale contained A22 the leal ormalities o a duly notari.ed document 6includin impression o his notarial dry seal7 %antuyos could not have ored the sinature, not bein learned in technicalities surroundin notarial act (hey had no access to his notarial seal and notarial reister, and they could not have made any imprint o his seal or sinature! 8espondents/ "omments ;e denied havin notari.ed any deed o sale or disputed property! ;e once worked as -unior lawyer at "arpio General and MMC 6*eetin was arraned by 0ditha so as to personally acknowlede another document7 ;is alleed sinature on deed o sale was ored 6strokes o a lady7 At time it was supposedly notari.ed, he was on vacation! $%%E0% >! W1 the sinature o respondent on the deed o sale was ored +! W1 respondent is uilty o nelience ;02 >! Jes! 8atio (he alleed ored sinature was di4erent rom ;idaloLs sinatures in other documents submitted durin the investiation! 8easonin %antuyos did not state that they personally appeared beore respondent! (hey were also not sure i he sined the document3 only that his sinature appeared on it! (hey had no personal knowlede as to who actually a&ed the sinature! +! Jes! 8atio ;e was nelient or havin wholly entrusted the preparation and other mechanics o the document or notari.ation to the oce secretaries, includin saekeepin o dry seal and makin entries in notarial reister!
8easonin 8esponsibility attached to a notary public is sensitive, and respondent should have been more discreet and cautious! isposition Atty! ;idalo is suspended rom his commission as notary public or two 6+7 years or nelience in the perormance o duties as notary public! SI")T ; )RIOL), JR. 908 "E8$A*3 April >I, +I A(E80 Administrative case in the %upreme "ourt! Kiolation o the "ode o 9roessional 8esponsibility #A"(% $n an adavitcomplaint, complainat Arturo %icat, a Board *ember o the %anunian 9anlalawian o 8i.al, chared respondent Atty! Greorio Ariola, the *unicipal Administrator o "ainta, 8i.al withviolation o the "ode o 9roessional 8esponsibility by committin raud, deceit and alsehood in his dealins, particularly the notari.ation o a %pecial 9ower o Attorney 6%9A7 purportedly e&ecuted by one when in act the latter had already died on 1ctober +I, +! ;e alleed that prior to notari.ation, the *unicipality o "ainta had entered into a contract with >*7! #or the services o the consultants, the *unicipality o "ainta issued a check dated , +> in the amount o @!C*, payable to +, +, Benite. had already sined the %9A! ;e claimed that due to inadvertence, it was only on that he was able to notari.e it! evertheless, the %9A notari.ed by him on was not at all necessary because Benite. had sined a similar %9A in avor o Goco sometime beore his death, on *ay >+, +! (hereore, the %9A was cancelled the same day he notari.ed it! *oreover, the suit should be dismissed or orum shoppin since similar chares had been fled with the "ivil %ervice "ommission and the 1ce o the eputy 1mbudsman or 2u.on which complaints were dismissed because the assailed act reerred to violation o the $88 o the "ommission on Audit! (he "ourt, in its resolution dated *arch >+, +@, reerred the complaint to the $nterated Bar o the 9hilippines or investiation, report and recommendation! (he $B9 recommended that respondent/s notarial commission be revoked and that he be suspended rom the practice o law or one year! $%%E0% W1 acts o respondent amounted to a violation o the "ode o 9roessional 8esponsibility! ;02
8atio (he act was a serious breach o the sacred obliation imposed by the "ode o 9roessional 8esponsibility, specifcally 8ule >!> o "anon >, which prohibits enain in unlawul, dishonest, immoral or deceitul conduct! 8easonin (he undisputed acts show that Benite. died on 1ctober +I, +! (he notarial acknowledment o respondent declared that Benite. appeared beore him and acknowleded that the instrument was his clear and voluntary act!"learly respondent lied and intentionally perpetuated an untruthul statement! either will respondent/s deense that the %9A in 'uestion was super=uous and unnecessary, and pre-udiced no one, e&onerates him o accountability! ;is assertion o alsehood in a public document contravened one o the most cherished tenets o the leal proession and potentially cast suspicion on the truthulness o every notarial act! isposition W;080#180, respondent Atty! Greorio 0! Ariola, MI, but accordin to the certifcate o marriae obtained rom the ;awaii %tate epartment o ;ealth, they were married in >MC! %he claims that she entered the relationship with *r! Ei in ood aith and that herconduct cannot be considered as willul, =arant, or shameless, nor can it suest moral indi4erence! %he ell in love with *r! Ei whom she believed to be sinle, and, that upon her discovery o his true civil status, she parted ways with him! $%%E0 W1 Atty! Boniacio conducted hersel in an immoral manner or which she deserves to be barred rom the practice o law ;02 o! (he practice o law is a privilee! A bar candidate does not have the riht to en-oy the practice o the leal proession simply by passin the bar e&aminations! $t is a privilee that can be revoked, sub-ect to the mandate o due process, once a lawyer violates his oath and the dictates o leal ethics! 1ne o the conditions prior to the admission to the bar is that an applicant must possess ood moral character! *ore importantly, possession o ood character must be continuous as a re'uirement to the en-oyment o the privilee o law practice! 1therwise, the loss thereo is a round or the revocation o such privilee!
A lawyer may be disbarred or rossly immoral conduct, which has been defned as the conduct which is willul, =arant, or shameless, and which shows a moral indi4erence to the opinion o the ood and respectable members o the community! 2awyers, as keepers o the public aith, are burdened with a hiher deree o social responsibility and thus must handle their a4airs with reat caution! Atty! Boniacio was imprudent in manain her personal a4airs! ;owever, the act remains that her relationship with *r! Ei, clothed as it was with what she believed was a valid marriae cannot be considered immoral! $mmorality connotes conduct that shows indi4erence to the moral normso society! *oreover, or such conduct to warrant disciplinary action, the same must be Orossly immoral, that is, it must be so corrupt and alse as to constitute a criminal act or so unprincipled as to be reprehensible to a hih deree! A member o the bar and an ocer o the court is not only re'uired to rerain rom adulterous relationships but must also behave himsel so as to avoid scandali.in the public by creatin the belie that he is =outin those moral standards! Atty! BoniacioLs act o immediately distancin hersel rom *r! Ei upon discoverin his true civil status belies -ust that alleed moral indi4erence and proves that she ad no intention o =auntin the law and the hih moral standard o the leal proession! 1n the matter o the alsifed certifcate o marriae, it is contrary to human e&perience and hihly improbable that she did not know the year o her marriae or that she ailed to check that the inormation in the document which she attached to her Answer were correct! 2awyers are called upon to saeuard the interity o the bar, ree rom misdeeds and acts o malpractice! -I=3RO) ; *)RR)"O, JR. RO4RO3 , >MMC #A"(% $n >MC>, 9atricia #iueroa petitioned that %imeon Barranco, MC bar e&ams on the ourth attempt! #iueroa avers that she and Barranco had been sweethearts, that a child was born to them out o wedlock and that respondent did not ulfll his repeated promises to marry her! #iueroa and Barranco were townmates in MI@! #iueroa frst acceded to se&ual conress in >MD! A son, 8aael Barranco, was born on ec >>, >MD! Barranco promised to marry #iueroa ater he passes the bar e&ams! (heir relationship continued, with more than + or @ promises o marriae! Barranco ave only 9> or the child on 8aaelLs birthdays! $n >MC>, #iueroa learned Barranco married another woman! #rom >MC+ to >M, several motions to dismiss and comments were fled! 1n %ept +M, >M, the "ourt resolved to dismiss the complaint or ailure o complainant to prosecute the case or an unreasonable period o time and to allow %imeon Barranco, C, >M, the "ourt, in response to #iueroaLs opposition, resolved to cancel BarrancoLs scheduled oathtakin! , >MM@, the "ourt reerred the case to the $B9! 1n *ay >C, >MMC, $B9 recommended the dismissal o the case and that respondent be allowed to take the lawyerLs oath $%%E0
W1 the acts constitute ross immorality warrantin the permanent e&clusion o Barranco rom the leal proession ;02 o! (o -ustiy suspension or disbarment, the act complained o must not only be immoral, but rossly immoral! A rossly immoral act is one that is so corrupt and alse as to constitute a criminal act or so unprincipled or disraceul as to be reprehensible to a hih deree! $t is a willul, =arant, or shameless acts which shows a moral indi4erence to theopinion o respectable members o the community! BarrancoLs enain in premarital se&ual relations with #iueroa and promises to marry suest a doubtul moral character on his part but itdoes not constitute rossly immoral conduct! Barranco and #iueroa were sweethearts whose se&ual relations wereevidently consensual! 8espondent, at the time o this decision, is already D+! isposition 9etition is dismissed! %imeon Barranco, 908 "E8$A*3 ovember >+, + #A"(% Atty! *artine. was convicted o a violation o B9 ++ "omplainant submitted 8esolution dated *arch >@, >MMD, and the 0ntry o -udment dated *arch +, >MMD in an action or disbarmentaainst *artine. MMD5 the "ourt re'uired respondent to comment on saidpetition within > days rom notice #ebruary >C, >MMC 5 second resolution was issued re'uirin respondent to show cause why no disciplinary action should be imposed on him or ailure to comply with the earlier 8esolution and to submit "omment MMC 5 the "ourt imposed a fne o 9> or respondentLsailure to comply with previous resolution within > days April +C, >MM 5the "ourt fned the respondent an additional 9+ and re'uired him to comply with the resolution under pain o imprisonment and arrest or a period o I days or until his compliance #ebruary @, >MMM 5 the "ourt declared respondent *artine. uilty o "ontempt under 8ule C>, %ec @6b7 o the >MMC 8ules on "ivil 9rocedure and ordered his imprisonment until he complied with the aoresaid resolution April I, >MMM 5 B$ reported that respondent was arrested in (acloban "ity on *arch +D, >MMM but was subse'uently released ater havin shown proo o compliance with the resolutions o #ebruary >C, >MMC and April +C, >MM by remittin the amount o 9+ and submittin his overdue "omment: >! ;e ailed to respond to the 8esolution dated #ebruary >C, >MMC as he was at that time underoin medical treatment at "amp 8uperto Panleon in 9alo, 2eyte +! "omplainant passed away sometime in MMC @! %aid administrative complaint is an o4shoot o a civil case which was decided in respondentLs
avor! 8espondent avers that as a result o his movin or the e&ecution o -udment in his avorand the eviction o the amily o complainant, the latter fled the present administrative case %eptember >>, >MMC 5 8obert Kisbal o the 9rovincial 9rosecution 1ce o (acloban "ity submitted a letter to the #irst ivision "lerk o "ourt allein that respondent *artine. also stood chared in another estaa case beore the 8(" o (acloban "ity, as well as a civil case involvin the victims o the ona 9a. traedy in >MC or which the 8(" o Basey, %amar rendered a decision aainst him, his appeal thereto havin been dismissed by the "A! D, >MMM 5 the "ourt reerred the present case to the $B9 or investiation, report, and recommendation (he report o $B9 stated: >! 8espondent fled a motion or the dismissal o the case on the round that the complainant died and that dismissal is warranted because the case fled by him does not survive due to his demise as a matter o act, it is e&tinuished upon his death! (he $B9 disarees, pursuant to %ection > 8ule >@MB o the 8evised 8ules o "ourt, the %" or the $B9 may initiate the proceedins when they perceive acts o lawyers which deserve sanctions or when their attention is called by any one and a probable cause e&ists that an act has been perpetrated by a lawyer which re'uires disciplinary sanctions! +! 9ropensity to disreard orders o the %", as shown by respondent, is an utter lack o ood moral character @! 8espondentLs conviction o a crime o moral turpitude clearly shows his unftness to protect the administration o -ustice and thereore -ustifes the imposition o sanctions aainst him ! $t is recommended that respondent be disbarred and his name stricken out rom the 8oll o Attorneys immediately %eptember +C, +@ 5 the $B9 Board o Governors passed a 8esolution adoptin and approvin the report and recommendation o its $nvestiatin "ommissioner ecember @, +@ 5 Atty! *artine. fled a *otion or 8econsideration and)or 8einvestiation , +5 the "ourt re'uired the complainant to fle a comment within > days #ebruary >D, + 5 complainantLs dauhter sent a *aniestation and *otion allein they have not been urnished with a copy o respondentLs *otion $%%E0 W1 the crime respondent was convicted o is one involvin moral turpitude ;02 Jes! *oral turpitude includes everythin, which is done contrary to -ustice, honesty, modesty, or ood morals! $t involves an act o baseness, vileness, or depravity in the private duties, which a man owes his ellow men, or to society in eneral, contrary to the accepted and customary rule o riht and duty between man and woman, or conduct contrary to -ustice, honesty, modesty, or ood morals! (he arument o respondent that to disbar him now is tantamount to a deprivation o property without due process o law is also untenable!
(he practice o law is a privilee! (he purpose o a proceedin or disbarment is to protect the administration o -ustice by re'uirin that those who e&ercise this important unction shall be competent, honorable and reliable3 men in whom courts and clients may repose confdence! isciplinary proceedins involve no private interest and a4ord no redress or private rievance! (hey are undertaken and prosecuted solely or the public welare, and or the purpose o preservin courts o -ustice rom the ocial ministrations o persons unft to practice them! (he court is also disinclined to take respondentLs old ae and the act that he served in the
-udiciary in various capacities in his avor! $ at all, the respondent was held to a hiher standard or it, or a -ude should be the embodiment o competence, interity, and independence, and his conduct should be above reproach! (he "ourt based the determination o the penalty rom previously decided cases, holdin that disbarment is the appropriate penalty or conviction by fnal -udment or a crime o moral turpitude! isposition 8espondent was disbarred and his name stricken rom the 8oll o Attorneys!
