On Issue No. 2
A lawyer is not disqualified from being a witness, except only in certain cases
pertaining to privileged communication arising from an attorney-client
relationship.
Reason: The difficulty posed upon lawyers by the task of dissociating their
relationship to their clients as witnesses from that as an advocate (Note: A
witness must only say what happened. Only the truth. As compared with the
task of a lawyer who will use all the available remedies and actions in his
arsenal for his client to win the case.)
It is difficult to distinguish the fairness and impartiality of a disinterested
witness from the zeal of an advocate.
The preference is for lawyers to REFRAIN from testifying as witnesses, unless
they absolutely have to; and should they do so, to withdraw from active
management of the case.
In the case at bar:
o Atty. Rafanan cannot be administratively liable because:
It’s a duty of the lawyer to assert every remedy and defense that is
authorized by law for the benefit of the client. (Remember, there is
a criminal case of attempted murder against his client which will
deprive his client of his life and liberty, if they fail to display a good
defense.)