March 2014 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are select March 2014 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Attorney; Disbarment cases; Initiation. Complainants who are members of the Congressional Village Homeowner’s Association, Inc. filed a Complaint for Disbarment against Atty. Jimenez for violating Rule 12.03, Canon 12, Canon 17, Rule 18.03, and Canon 18 of the Code of Professional Responsibility for his negligence in handling an appeal in a case involving the Association and willful violation of his duties as an officer of the court.

The Supreme Court held that the complainants have personality to file the disbarment case. In Heck v. Judge Santos, the Court held that “[a]ny interested person or the court motu proprio may initiate disciplinary proceedings.” The right to institute disbarment proceedings is not confined to clients nor is it necessary that the person complaining suffered injury from the alleged wrongdoing. The procedural requirement observed in ordinary civil proceedings that only the real party-in-interest must initiate the suit does not apply in disbarment cases. Disbarment proceedings are matters of public interest and the only basis for the judgment is the proof or failure of proof of the charges. Further, the Supreme Court held that a lawyer engaged to represent a client in a case bears the responsibility of protecting the latter’s interest with utmost diligence. In failing to file the appellant’s brief on behalf of his client, Atty. Jimenez had fallen far short of his duties as counsel as set forth in Rule 12.04, Canon 12 of the Code of Professional Responsibility which exhorts every member of the Bar not to unduly delay a case and to exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.  However, the Supreme Court only suspended Atty. Jimenez from the practice of law for one month. Nestor Figueras and Bienvenido Victoria, Jr. v. Atty. Diosdado B. Jimenez,A.C. No. 9116, March 12, 2014.

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