Discipline in the legal profession
Ultimately, the Supreme Court has the authority to discipline members of the Bar arising from the constitutional prerogative to regulate the practice of law
Daily TribuneUltimately, the Supreme Court has the authority to discipline members of the Bar arising from the constitutional prerogative to regulate the practice of law
Recently, the Supreme Court disbarred a lawyer for having three extramarital affairs. He was found guilty of four counts of grossly immoral conduct in violation of the Code of Professional Responsibility and Accountability (CPRA): Firstly, for engaging in the said extramarital affairs that flagrantly disregard Philippine laws on marriage; secondly, for siring two illegitimate children from a bigamous marriage, which marriage was publicly flouted; and thirdly and fourthly, for sexually harassing employees and subordinates. This case is an opportunity to take a look at Philippine laws on disciplining members of the legal profession.
The Revised Rules of Court provides the grounds for disbarment or suspension of a member of the Bar. The grounds include deceit, malpractice, other gross misconduct in such office, grossly immoral conduct, conviction of a crime involving moral turpitude, violation of the lawyer’s oath, willful disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without authority to do so.
A disbarment case may be commenced by the Supreme Court on its own initiative, or upon the filing of a verified complaint by the Board of Governors of the Integrated Bar of the Philippines, or by any person, before the Supreme Court or the IBP.
Investigating Commissioners investigate a complaint and submit a report embodying the recommended action to the IBP Board of Governors. These Commissioners serve for a term of three years and are assigned by raffle. An Investigating Commissioner may also be disqualified on grounds such as relationship within the fourth degree of consanguinity or affinity with any of the parties or their counsel, professional legal relationship, pecuniary interest, or acting as a previous counsel for either party.
The Investigating Commissioner may recommend to the Supreme Court that the complaint be dismissed when it is not meritorious based on the verified answer, otherwise the Supreme Court shall direct the conduct of further proceedings.
Investigations for disbarment cases shall not be terminated because of desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same. This is because a disbarment case is sui generis — it is neither purely civil nor purely criminal but is rather an investigation by the court into the conduct of its officers.
Some examples of jurisprudence on disbarment include a lawyer who misappropriated funds entrusted to them by their client; a lawyer who posted in their social media account sexist, vulgar and obscene remarks disrespectful of women; and a previously suspended lawyer who commented with offensive and foul language against Supreme Court Justices or insulted the Bar Confidant.
A lawyer who has been disbarred may file a verified petition for judicial clemency after five years from receipt of the decision of disbarment. The Supreme Court shall decide this petition based on clear and convincing evidence. Hence, a disbarred lawyer can seek reinstatement.
A disbarment case may be commenced by the SC on its own initiative, or upon the filing of a verified complaint by the Board of Governors of the IBP, or by any person, before the SC or the IBP.
To be a member of the Bar, one must not only pass the bar examinations, take the oath, and sign the roll of attorneys. Continuous membership is a privilege that is coupled with responsibilities, as it is a profession greatly imbued with public interest. These responsibilities include maintaining ethical conduct. Ultimately, the Supreme Court has the authority to discipline members of the Bar arising from the constitutional prerogative to regulate the practice of law. After all, it is the guardian of the legal profession.
