2015 Legal and Judicial Ethics, Q19
a. What are the grounds for disbarment or suspension from office of an attorney? (4%)
b. If Atty. Babala is also admitted as an attorney in a foreign jurisdiction, what is the effect of his disbarment or suspension by a competent court or other disciplinary authority in said foreign jurisdiction to his membership in the Philippine Bar? (2%)
Suggested answer only. Not an official answer and not legal advice.
[a] Grounds for disbarment include deceit, gross misconduct, grossly immoral conduct, conviction of a crime involving moral turpitude, and oath violation; and [b] foreign disbarment is a ground for discipline in the Philippines, but is not automatic. Under Rule 138,
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Quick check
What is the effect of an attorney's disbarment in a foreign jurisdiction on their membership in the Philippine Bar?
Foreign disbarment is a ground for local disciplinary action in the Philippines but does not result in automatic disbarment.
Which of the following is a statutory ground for the disbarment or suspension of an attorney under Rule 138?
Conviction of a crime involving moral turpitude is a statutory ground for disbarment or suspension.
What evidentiary weight is given to a foreign judgment of disbarment in Philippine disciplinary proceedings?
A foreign disbarment judgment serves as prima facie evidence of misconduct in Philippine disciplinary proceedings.
What constitutional body holds exclusive authority to disbar or suspend an attorney in the Philippines?
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What must the Supreme Court issue to an attorney disbarred abroad before imposing local disciplinary sanctions?
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Learn more about these topics
1. Statutory Disbarment Grounds
Under Rule 138, Section 27 of the Rules of Court and the Code of Professional Responsibility and Accountability, an attorney may be disbarred or suspended from office for deceit, malpractice, gross misconduct, grossly immoral conduct, or conviction of a crime involving moral turpitude. Disbarment may also be imposed for violating the lawyer's oath, willful disobedience of lawful court orders, or corruptly appearing for a party without authority. These statutory grounds protect the integrity of the legal profession, preserve public trust in judicial administration, and ensure that only qualified individuals maintain membership in the legal bar.
2. Foreign Disbarment Effect
Disbarment or suspension of a Philippine lawyer by a competent authority in a foreign jurisdiction serves as a ground for disciplinary action in the Philippines. However, foreign disbarment does not result in automatic disbarment from the Philippine Bar. The judgment of a foreign disciplinary body is prima facie evidence of misconduct, but the Supreme Court must still observe due process. The affected lawyer must be given an opportunity to show cause why local disbarment or suspension should not be decreed, preserving independent judicial evaluation under Philippine law.
3. Due Process Requirement
In disciplinary proceedings based on foreign disbarment, due process requires that the respondent attorney be given notice and an opportunity to be heard. The foreign judgment creates a rebuttable presumption of misconduct, placing the burden on the attorney to prove that the foreign proceedings lacked due process, suffered from a fatal lack of evidence, or resulted in an unjust sanction. The Supreme Court retains exclusive constitutional authority to determine an attorney's fitness to practice law in the Philippines, independent of foreign administrative rulings.
TopicsDisbarment and Suspension1Foreign Disbarment Effect1Rule 138 Section 271