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THE LAW AND THE

SOCIETY

BAUTISTA, MARIA THERESA D.
2012400136
Benedictine
Hallmark of
Education

Stability:
commitment
to the daily
life of this
place
Duties and
Obligations of
lawyer
Canon 1 - A
lawyer shall
uphold the
constitution, obey
the laws of the
land and promote
respect for law
and legal
processes.

Correlation



COMMITMENT

CASE 1: SANCHEZ VS. ATTY. SOMOSO
(A.C. No. 6061. October 3, 2003.)

When respondent paid, with a personal
check from a bank account which he knew
had already been closed, the person who
attended to his medical needs and
persisted in refusing to settle his due
obligation despite demand, respondent
exhibited an extremely low regard to his
COMMITMENT to the oath. . .

Analysis:
In this case, respondents commitment to obey
the laws of the land was broken. Not only did he
violate the law as a citizen but he also violated his
duty as a lawyer. Whats more disappointing is
that instead of protecting his profession,
respondent actually used such in violating his duty.
Representing himself as a lawyer in order to
defraud others definitely degrades the nobility of
his profession.

CASE 2: ESPINOSA & GLINDO VS. OMAA
(A.C. No. 9081. October 12, 2011)

In preparing and notarizing a void
document, Omaa violated Rule 1.01,
Canon 1 of the Code of Professional
Responsibility which provides that "[a]
lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct."
Omaa knew fully well that the "Kasunduan
Ng Paghihiwalay" has no legal effect and is
against public policy. . .
Analysis:
In this case, not only disrespect towards the law of
the land is apparent but also disrespect towards
the sanctity of marriage. As servants of justice,
lawyers must remember that the very core of the
society they are obliged to protect is the
FAMILY. As such marriage must be protected
fully. Respondent lawyer in notarizing or allowing
said document to be notarized is a clear breach
of her duty towards the society she seeks to
protect.

Benedictine
Hallmark of
Education

All of its
members
commit
themselves to
seeking God
together.
Duties and
Obligations of
lawyer
Canon 1, Rule 1.01
A lawyer shall
not engage in
unlawful,
dishonest,
IMMORAL or
deceitful conduct.

Correlation



MORALITY
CASE: GUEVARRA VS. EALA
(A.C. No. 7136. August 1, 2007)

. . . In carrying on an extra-marital affair with
Irene prior to the judicial declaration that
her marriage with complainant was null and
void, and despite respondent himself being
married, he showed disrespect for an
institution held sacred by the law. And
he betrayed his unfitness to be a lawyer.
Analysis:
In this case, Morality was put as an issue.
Respondent lawyers justifications that said illicit
relationship with complainants wife was actually
allowed by their family and that it was not done in
a scandalous manner still clearly go against the
concept of morality which God and our law
obliged us to protect. Said acts were even
classified as grossly immoral, which is against
mans conscience. . .
Benedictine
Hallmark of
Education
there should
be a fundamental
commitment to
place shared
effort and
understanding
above the pursuit
of more private
individual ends.
Duties and
Obligations of
lawyer
Canon 5 A lawyer
shall keep abreast of
legal developments,
participate in
continuing legal
education programs,
support efforts to
achieve high
standards in law
schools . . .


Correlation



Effort and
Understanding
RELATED LAW: RULE 138-A, Section 2 of
the Revised Rules of Court
The appearance of the law
student authorized by this rule, shall
be under the direct supervision and
control of a member of the
Integrated Bar of the Philippines
duly accredited by the law school.
. .
Benedictine
Hallmark of
Education
there should
be a fundamental
commitment to
place shared
effort and
understanding
above the pursuit
of more private
individual ends.
Duties and
Obligations of
lawyer
Canon 6, Rule 6.02 A
lawyer in the
government service
shall not use his public
position to promote or
advance his private
interests, nor allow the
latter to interfere with
his public duties.
Correlation



Public interest
over Private
interest
RELATED LAW: Section 4 of R.A. 6713 also known as
the Code of Conduct and Ethical standards for
Public Officials and Employees
Public officials and employees shall always
uphold the public interest over and above
personal interest. All government resources
and powers of their respective offices must
be employed and used efficiently,
effectively, honestly and economically,
particularly to avoid wastage in public funds
and revenues.
ANALYSIS:
This merely provides that public officials must
promote a high standard of ethics in public
service. Public officials and employees shall
at all times be accountable to the people
and shall discharge their duties with utmost
responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead
modest lives, and uphold public interest
over personal interest.
REFERENCES:
(Books)
Agpalo, R. (2009). Legal and Judicial Ethics. Rex Printing Company, Inc.:
Manila, Philippines.
Pineda, E. (1999). Legal and Judicial Ethics. Central Book Supply. Inc.:
Quezon City, Philippines

(Internet sources)
http://www.gonzaga.edu/academics/graduate/graduate-student-
council/Documents/Catholic-HE- Docs/The-Ten-Hallmarks-of-
Benedictine-Education.pdf
http://www.lawphil.net
http://www.online.cdasia.com
http://www.google.com