(Part 22) EN BANC | HERNANDO, J.

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(Part 22) EN BANC | HERNANDO, J. AA Total Learning Center for Young Achievers v. Caronan [AC. No. 12418, March 10, 2020]

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 The antecedent facts are as follows: 


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VOL. I
VOL. II

SC RULING

the practice of law is not a right but a privilege bestowed by the State only on those who possess and continue to possess, the qualifications required by law for the conferment of such privilege.



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In Heck v. Judge Santos, this Court elucidated, viz.:

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 "The qualification of good moral character is a requirement which is not dispensed with upon admission to membership of the bar." 

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  This qualification is not only a condition precedent to admission to the legal profession, but its continued possession is essential to maintain one's good standing in the profession. 



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It is a continuing requirement to the practice of law and therefore does not preclude a subsequent judicial inquiry, upon proper complaint, into any question concerning one's mental or moral fitness before he became a lawyer. 


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This is because his admission to practice merely creates a rebuttable presumption that he has all the qualifications to become a lawyer. 

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The rule is settled that a lawyer may be suspended or disbarred for any misconduct; even if it pertains to his private activities, as long as it shows him to be wanting in moral character, honesty, probity or good demeanor. 


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Possession of good moral character is not only a prerequisite to admission to the bar but also a continuing requirement to the practice of law.


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We also take this opportunity to reiterate that administrative cases against lawyers belong to a class of their own, distinct from and may proceed independently of civil and criminal cases. 
  


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  There is no prejudicial question not proscription that will prevent it from proceeding. 


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Double jeopardy or In Pari Delicto are also not available as defenses as to bar the disciplinary proceedings against an erring lawyer. 


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  It should be noted that it can be initiated motu proprio by the Supreme Court or the IBP and even without a complaint and can proceed regardless of lack of interest of the complainants, if the facts proven so warrant.

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Disciplinary proceedings against lawyers are sui generis. Neither purely civil nor purely criminal, they do not involve a trial of an action or a suit, but are rather investigations by the Court into the conduct of one of its officers. 



  Not being intended to inflict punishment, they are in no sense a criminal prosecution. 

   

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Accordingly, there is neither a plaintiff nor a prosecutor therein. Public interest is their primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. 

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Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proven themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney.

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All told, the privilege to practice the legal profession is not a permanent right and may be taken away if one falls short of the requirements imposed by law. 


Read the full decision at

https://dlupload.com/filedetail/999090446


NOTE

We are aware that these writing styles differ from the usual case digest/case brief that we were used to during our law school years. What are your views on this article? Please feel free to make suggestions in the comment section. Thanks.










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