Beruflich Dokumente
Kultur Dokumente
Tagordas liability is however mitigated by the fact that he is a young inexperienced lawyer
and that he was unaware of the impropriety of his acts. So instead of being disbarred, he
was suspended from the practice of law for a month.
Doctrine
Possession of good moral character is both a condition precedent and a
continuing requirement to warrant admission to the bar and to retain
membership in the legal profession. Admission to the practice only
creates the rebuttable presumption that the applicant has all the
qualifications to become a lawyer.
Facts:
Maelotisea Sipin Garrido filed a complaint-affidavit and a supplemental affidavit for
disbarment against Atty. Garrido and Atty. Valencia According to Maelotisea, She and
Atty. Garrido were married back in 1962. Subsequently, she found out that the two
lawyers got married in Hong Kong in 1978, while she and Garrido were still married.
She also found out that the two had a daughter. In 1993, Atty. Garrido left the
conjugal home and joined Atty. Valencia at their residence. Since he left the conjugal
home, he stopped giving Maelotisea and his family the needed financial support. In
his Counter-Affidavit, Atty. Garrido denied Maelotiseas charges and imputations. He
alleged that Maelotisea was not his legal wife, as he was already married to
Constancia David when he married Maelotisea. As he and Maelotisea grew apart
over the years due to financial problems, Atty. Garrido met Atty. Valencia. He
became close to Atty. Valencia to whom he confided his difficulties. Together, they
resolved his personal problems and his financial difficulties. He denied that he failed
to give financial support to his children with Maelotisea. Atty. Garrido emphasized
that all his marriages were contracted before he became a member of the bar, with
the third marriage contracted after the death of Constancia. Also, Atty Garrido
argues that the offenses charged have prescribed under the IBP rules. Maelotisea
filed a motion for the dismissal of the complaints she filed arguing that she wanted
to maintain friendly relations with Atty. Garrido.
Issues:
1. W/N the disbarment case against Atty. Garrido would prosper
2. W/N the disbarment case against Atty. Valencia would prosper.
3. W/N the offenses charged have prescribed.
4. W/N Maelotiseas motion for the dismissal of the complaints she filed against
the respondents will prosper.
Held/Ratio:
1. YES. He did not possess the good moral character required of a lawyer at the
time of his admission to the Bar. As a lawyer, he violated his lawyers
oath,Section 20(a) of Rule 138 of the Rules of Court,