Download pdf - Gross Immorality

8/10/2019 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



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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



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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



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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



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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.



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

in a lawyer. They are unacceptablepractices .



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

candor



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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



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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.



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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