2010 Legal and Judicial Ethics, Q9

Is the defense of Atty. R in a disbarment complaint for immorality filed by his paramour P that P is in pari delicto material or a ground for exoneration? Explain. (3%)

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Is the defense of in pari delicto applicable in disbarment proceedings against a lawyer?

What is the primary legal objective of disbarment proceedings against members of the Bar?

How does a complainant's personal motive or complicity affect an administrative complaint for immorality against a lawyer?

Why is a lawyer's continuation of good moral character required after admission to the Bar?

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What is the characterization of disbarment proceedings under Philippine legal procedure?

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1. In Pari Delicto
Under Philippine jurisprudence, the equitable doctrine of in pari delicto does not apply to administrative disciplinary proceedings against members of the Bar. In pari delicto applies to civil law disputes between private litigants seeking judicial relief against each other. Because administrative complaints against lawyers are not private actions for damages, a complainant's equal guilt, improper motive, or clean hands status is completely irrelevant. The Supreme Court evaluates the attorney's moral fitness independently of the complainant's character.

2. Sui Generis Nature
Disbarment and disciplinary proceedings against attorneys are sui generis in nature. They are neither civil nor criminal actions, but administrative inquiries conducted by the Supreme Court in the exercise of its inherent authority over the Legal Profession. The primary objective is not to punish the lawyer or compensate the private complainant, but to protect the public, preserve the integrity of the judiciary, and maintain high ethical standards among Bar members.

3. Moral Conduct Obligations
A lawyer is required to maintain good moral character as a continuing condition for membership in the Philippine Bar. Engaging in illicit extramarital relations or immoral conduct violates the lawyer's professional oath and ethical canons. The fact that the paramour voluntarily participated in or initiated the immoral relationship does not condone the attorney's misconduct. A lawyer cannot evade administrative liability by blaming the paramour's willingness or equal fault.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026