LAWYERS ARE NO ANGELS

Filing an administrative case against a lawyer is quite simple. Probing the same to
the satisfaction of the court is another, and is often difficult. If the cause of action calls
for disbarment, the complainant must clearly establish that the respondent is guilty of the
charge.

“Malpractice” is a serious offense; and “Disbarment”, a real shocker. A lawyer

disbarred is an embittered soul and the stigma of defeat and shame that follow can break
the heart of the colossus.

Lawyers are no angels such that they can be expected to know what is within the
mental faculties of the client. Neither are they endowed with supernatural powers that
they can exactly anticipate the rulings of the courts. Yet, their acts are guided by the rules
laid down by the Supreme Court and their speech or conducts are tied up to the highest
standards of excellence being officers of the courts and professors of the laws in the
administration of justice. Lawyers are mortals with clay feet and also need understanding
and cooperation from clients. Lawyers are standard bearers of truth and honesty and are
shining pillars of the people’s faith in our democratic institutions that our forefathers
have fought and died for.

The case under annotation entitled, CESARIO ADARNE vs. ATTY. DAMIAN
V. ALDABA, is one such case where the lawyer, after acting with creditable represented
the complainant became the innocent target of an irate litigant, Adarne. The triple
accusations may be summed up as follows: 1.) Gross negligence and misconduct; 2.)
Failure to give entire devotion, warm zeal and utmost learning; and, 3.) Failure to protect
client’s interests from adverse decision. These are grave and serious charges that cannot
be taken lightly by a lawyer in good standing.

According to the complainant, Atty. Aldaba is an irresponsible, and, perhaps, a

no-good lawyer. And not only that, the complaint was loaded with threats, thereby
insulting the integrity of the great mass of the Filipino people.

Here is a sampling of the complainant’s wild imaginings in the prayer:—

“. . . sapagkat kung hindi po susugpu-in ang masasamang gawa naito ng mga ibang
abogado na nabibili,—lala’la’ ang sakit naito sa profession ng mga abogado, at lilikha ng
maraming api, lalaganap ang kriminalidad ng walang tigil, at walang katahimikan ang
ating Demukrasya at kung magkakagayon ang mga mamamayan ay—sapilitan
sakumunista sasamba.”

Talking about Communism in an administrative case like this is off-bound,

especially if it is not the issue. The Complainant, perhaps, out of desperation for a lost
cause, tried to inject politics into his charges but thrown out by the Court as out of
question and contrary to the facts of the case.
WHAT IS AN ATTORNEY-AT-LAW

An attorney-at-law, is an officer in a court of justice who is employed by a party

in a cause to manage the same for him. And the courts have ruled that a lawyer is above
all an officer of the court. A lawyer, although employed by a party in a cause to manage
the same for him, is not a part of the cause. He voluntarily dissociates himself from the
facts of the case and keeps himself beyond the influences of the litigants simply because
his primary purpose is to stand by the truth.

An Attorney is prone to err like any other human being, he is not answerable for
every error or mistake, and will be protected as long as he acts honestly and in good faith.
Atty. Aldaba, did a “creditable showing” at a “special appearance” even as he exercised a
“reasonable degree of care and skill” in temporarily handling the case for the herein
complainant. In fact, the respondent deserves praises as one lawyer true to his profession
as the records of the case reveal.

GROUNDS FOR DISBARMENT

A member of the bar may be removed 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, or for a willful disobedience take any lawful
order of a superior court, or for corruptly or willfully appearing as an attorney for a party
to case without authority so to do. Accordingly, a member of the bar may be removed or
suspended from his office as lawyer for grounds other than those enumerated by this
provision.

ADULTERY, CONCUBINAGE, ABDUCTION, AND FEW UNPROFESSIONAL

ACTS

Adultery is committed by any married woman who shall have sexual intercourse
with a man not her husband and by the man who has carnal knowledge of her, knowing
her to be married even if the marriage were subsequently declared void.

Concubinage is committed by any husband who shall keep a mistress in the

conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances,
with a woman who is not his wife, or shall cohabit with her in any other place.

Forcible abduction is the abduction of any woman or a female under twelve years
of age against her will and with lewd designs.

Consented Abduction is committed by abduction of a virgin over twelve and

under eighteen years of age, carried out with lewd designs.

“Moral Turpitude” is any act done contrary to justice, honesty, modesty, or good
morals.
 A client whose rights have been prejudiced by the failure or by the delay of an
attorney in preparing or filing pleadings necessary in the proper conduct of a cause, and
in taking such steps as may be required in the progress of the case, and who has suffered
damages as the result of his attorney’s negligence or misconduct, may recover and is
entitled to damages.

Where an attorney, in deliberately and maliciously withholding from the court

certain facts of which he had full knowedge in an attempt to unjustly and unlawfully
deprive others of their legitimate rights, has acted with betrayal to the court and gross
violation of his oath of office.

A LAWYER’S CHANCE TO DEFEND FROM ACCUSATIONS

Following the principles of fair play, any respondent-lawyer, is given a fair

chance to defend himself from accusations. So it is likewise mandated that, no attorney
shall be removed or suspended from the practice of his profession, until he has had full
opportunity upon reasonable notice to answer the charges against him, to produce
witnesses in his own behalf, and to be heard by himself or counsel.

REINSTATEMENT; SUBSTITUTION

The Supreme Court may reinstate an attorney at law who has been disbarred for
reasons and upon assurances satisfactory to the court.

It has been settled that no substitution of attorneys will be allowed unless there are
filed: (1) a written application for such substitution; (2) the written consent of the client;
(3) the written consent of the attorney substituted; and (4) in case such written consent
can not be secured, there must be filed with the application, proof of service of notice of
such motion upon the attorney to be substituted, in the manner prescribed by the rules.

It is well settled that in disbarment proceedings, the burden of proof rests upon the
complainant and for the Court to exercise its disciplinary powers, the case against the
respondent attorney must be established by convincing proof.

In the future, lawyers will likewise be placed in the same predicament as Atty.
Aldaba, or, even worse than that as a result of distorted frames of thought of unsuccessful
litigants. Lawyers being made scapegoats of their own unrighteousness, but, the Supreme
Court will always be there with watchful eyes—ever ready to render justice unto those
who rightfully deserve it.