Here are selected December 2011 rulings of the Supreme Court of the Philippines on legal and judicial ethics:
Affidavit of Desistance; no effect on disciplinary proceeding. It bears to stress that a case of suspension or disbarment is sui generis and not meant to grant relief to a complainant in a civil case but is intended to cleanse the ranks of the legal profession or its undesirable members in order to protect the public and the courts. It is not an investigation into the acts of respondent as a husband but on his conduct as an officer of the Court and his fitness to continue as a member of the Bar. Hence, the Affidavit dated March 15, 1995, which is akin to an affidavit of desistance, cannot have the effect of abating the instant proceedings. Elpidio P. Tiong vs. Atty. George M. Florendo. A.C. No. 4428. December 12, 2011
Attorney; gross immorality. Possession of good moral character is not only a condition for admission to the Bar but is a continuing requirement to maintain one’s good standing in the legal profession. It is the bounden duty of law practitioners to observe the highest degree of morality in order to safeguard the integrity of the Bar. Consequently, any errant behavior on the part of a lawyer, be it in his public or private activities, which tends to show him deficient in moral character, honesty, probity or good demeanor, is sufficient to warrant his suspension or disbarment. Respondent’s act of having an affair with his client’s wife manifested his disrespect for the laws on the sanctity of marriage and his own marital vow of fidelity. It showed his utmost moral depravity and low regard for his profession. He also violated the trust and confidence reposed on him by the complainant, which in itself is prohibited under Canon 17 of the Code of Professional Responsibility. Elpidio P. Tiong vs. Atty. George M. Florendo. A.C. No. 4428. December 12, 2011
LEXOTERICA: A PHILIPPINE BLAWG 