Gross Immorality

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    Problem Areas in Legal Ethics

    Group 2Mark Anthony Alvario

    Vincent Causing

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    right to practice law is a

    privilege burdened withresponsibilities and conditions

    Gross Immorality as aGround for Disbarment

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    an act of withdrawing from anattorney his license to practice law asexercised by the Philippine SupremeCourt

    Concept of Disbarment

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    not meant as a punishment to

    deprive an attorney of a means oflivelihood

    Purpose of Disbarment

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    intended to protect the courtsand the public from the misconduct ofthe officers of the court and to ensurethe proper administration of justice

    Purpose of Disbarment

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    1. Deceit2. Malpractice or other Gross Misconduct in Office3. Gross Immoral Conduct 4. Conviction of a Crime Involving Moral Turpitude5. Any Violation of the Lawyers Oath 6. Willful Disobedience of Any Lawful Order of a

    Superior Court7. Corruptly or Willfully Appearing as an Attorney

    Without Authority

    Grounds for Disbarment

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    Engaging in premarital sexual relationswith complainant and promises tomarry suggests a doubtful moral

    character on his part but the samedoes not constitute grossly immoralconduct.

    Instances of GrossImmoral Conduct

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    The court has held that to justifysuspension or disbarment the actcomplained of must not only be

    immoral, but grossly immoral (Section27 of Rule 138)

    Instances of GrossImmoral Conduct

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    an immoral conduct is not punishableper se

    the commission of grossly immoral

    conduct

    gross or serious to warrant disciplinaryaction against an erring lawyer

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    mere intimacy is not sufficient ground

    for disbarment of a lawyer

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    contracting a second marriage to oneMaria Luisa Cojuangco, daughter ofbusiness magnate Eduardo Cojuangco

    Jr., notwithstanding the subsistence ofhis prior marriage to ElizabethHermosisima with whom he begotthree (3) children

    Eduardo Conjuangco Jr. vs. Atty. Leo Palma (2004)

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    that conduct which is willful, flagrantor shameless and which shows a moralindifference to the opinion of the good

    and respectable members of thecommunity

    common definition of whatconstitutes immoral conduct

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    A lawyer shall not engage in unlawful,dishonest, immoral or deceitfulconduct.

    Canon 1Rule 1.01

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    A lawyer shall not engage in conductthat adversely reflects on his fitness topractice law, nor shall he, whether he

    in public or private life behave inscandalous manner to the discredit ofthe legal profession.

    Canon 7Rule 7.03

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    Paz Arellano Toledo, a dentist byprofession, supported his husbandJesus Toledo thru law school and after

    the latter had passed the bar andbecame a lawyer, he abandoned herand cohabited with another womanwho had borne him three children

    Toledo vs. Toledo(Adm. Case No. 266, 1963)

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    by abandoning his wife and cohabitingwith another woman who had bornehim a child, respondent failed to

    maintain the highest degree ofmorality expected and required of amember of the Bar

    Toledo vs. Toledo(Adm. Case No. 266, 1963)

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    that the conduct of the respondentAttorney Jordan Terre in inveiglingcomplainant Dorothy Terre to contract asecond marriage with him; in abandoning

    complainant Dorothy after she had caredfor him and supported him through lawschool, leaving her without means for thesafe delivery of his own child;

    Terre vs. Terre(Adm. Case No. 266, 1992)

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    in contracting a second marriage withanother woman while his first marriagewith complainant was subsistingconstituted grossly immoral conduct under Section 27 of Rule 138 of the Rulesof Court, affording more than sufficientbasis for disbarment of the respondent.He was unworthy of admission to the Barin the first place

    Terre vs. Terre(Adm. Case No. 266, 1992)

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    disbarment is intended to protect thelegal profession, and in a higher sense,to protect the court and the public

    from the misconduct of officers of thecourt

    Terre vs. Terre(Adm. Case No. 266, 1992)

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    a grossly immoral act is one that is socorrupt and false as to constitute acriminal act or so unprincipled and

    ungraceful as to be reprehensible to ahigh degree

    Terre vs. Terre(Adm. Case No. 266, 1992)

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    a grossly immoral act is one that is socorrupt and false as to constitute acriminal act or so unprincipled and

    ungraceful as to be reprehensible to ahigh degree

    Terre vs. Terre(Adm. Case No. 266, 1992)

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    complainant Sebastian went to therespondent who promised to process allnecessary documents required forcomplainants trip to the USA for a fee ofP150,000.00. When complainant inquiredabout her passport, Atty. Calis informedher that she will be assuming anothername married to a person not herhusband, employed in a company

    Sebastian vs. Calis(A.C. No. 5118, 1999)

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    Realizing that she will be travellingwith spurious documents, thecomplainant demanded the return of

    her money. Despite several demandsby the complainant, the respondentfailed to return the money.

    Sebastian vs. Calis(A.C. No. 5118, 1999)

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    Deception and other fraudulent actsby a lawyer are disgraceful anddishonorable. They reveal moral flaws

    in a lawyer. They are unacceptablepractices .

    Sebastian vs. Calis(A.C. No. 5118, 1999)

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    A lawyers relationship with othersshould be characterized by the highestdegree of good faith, fairness and

    candor

    Sebastian vs. Calis(A.C. No. 5118, 1999)

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    Presiding Judge of the Regional TrialCourt of Roxas City Jose Alovera faceddisbarment for having penned a decisiondated January 30, 1995 long after his

    retirement from the Judiciary on January31, 1995 which ultimately divestedcomplainant Victoria V. Radjaie of herproperty in Panay, Capiz.

    Radjaie vs. Alovera(A.C. No. 4748, 2000)

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    Respondent gravely abused hisrelationship with his former staff,pompously flaunting his erstwhile

    standing as a judge

    Radjaie vs. Alovera(A.C. No. 4748, 2000)

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    Respondent disregarded his primary dutyas an officer of the court, who is sworn toassist the courts and not to impede orpervert the administration of justice to alland sundry. In so doing, he made amockery of the judiciary and erodedpublic confidence in courts and lawyers.

    Radjaie vs. Alovera(A.C. No. 4748, 2000)

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    not to engage in any conduct or doany act that adversely reflects on hisfitness to practice law, nor to behave,

    in his public or private life, in ascandalous manner to the discredit ofthe legal profession

    CONCLUSION

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    THANK YOU

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