Lawyer may be disbarred for deceit, malpractice or grossly immoral conduct

Lawyer may be disbarred for deceit, malpractice or grossly immoral conduct "My US citizen husband is having an affair with a lawyer. Is it possible to confiscate the license of a lawyer having an affair? My husband is in the United States right now and we have a child who is with me. What are the grounds for it? Your reply will be very much appreciated. RC Dear RC,In order for us to be able to address your query and to be able to apply Philippine law, we have to assume that the lawyer with whom your husband is having an affair is a Filipino citizen who took and subscribed before the Supreme Court of the Philippines her oath of office. Section 27 of the Rule 138 of the Revised Rules of Court provides for the grounds for disbarment or suspension of an attorney, to wit:“SEC. 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor. - A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience appearing as an attorney for a party to a case without authority to do so. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice” (Emphasis and underscoring supplied). In a plethora of cases, the Supreme Court has consistently ruled that a gross¬ly immoral act is one that is so cor¬rupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree.\l “_ftn24” \o “” https://www.chanrobles.com/scdecisions/jurisprudence2006/september2006/A.C. No. 6313.php - _ftn24 It is a willful, flagrant, or shameless act that shows a moral indifference to the opinion of the good and respectable members of the community.The High Court further declared in the case of Vitug v. Rongcal (A.C. No. 6313, September 7, 2006) that while it has been held in disbarment cases that the mere fact of sexual relations between two unmarried adults is not sufficient to warrant administrative sanction for such illicit behavior, it is not so with respect to betrayals of the marital vow of fidelity. Even if not all forms of extra-marital relations are punishable under penal law, sexual relations outside marriage is considered disgraceful and immoral as it manifests deliberate disregard of the sanctity of marriage and the marital vows protected by the Constitution and affirmed by our laws.There is likewise a pronouncement in the case of Tucay v. Atty. Tucay (A.C. No. 5170, November 17, 1999) that a lawyer carrying on an illicit affair with a married woman is a grossly immoral conduct and indicative of an extremely low regard for the fundamental ethics of his profession. This detestable behavior renders him regrettably unfit and undeserving of the treasured honor and privileges which his license confers upon him.Furthermore, Rule 1.01 of Canon 1 of the Code of Professional Responsibility proscribes a lawyer from engaging in “unlawful, dishonest, immoral or deceitful conduct,” and Rule 7.03 of Canon 7 of the same Code proscribes a lawyer from engaging in any “conduct that adversely reflects on his fitness to practice law.” Thus, taking into consideration the foregoing decisions of the Supreme Court, the lawyer who is having an illicit affair with your husband may be charged with grossly immoral conduct and violation of the above-mentioned canons which may lead to her suspension or disbarment.At this juncture, it is worth mentioning that in an administrative case for disbarment or suspension, “clearly preponderant evidence” is all that is required (Guevarra vs. Eala, A.C. No. 7136, August 1, 2007).We hope that we were able to enlighten you on the matter. Please take note however, that all information contained herein are based on our appreciation of your questions. A different legal opinion may be given if other facts not included in your queries will be discussed.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/