SC Applies CPRA in Disbarring Lawyer for Falsifying Court Order

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 SC Applies CPRA in Disbarring Lawyer for Falsifying Court Order 


 SC Applies CPRA in Disbarring Lawyer for Falsifying Court Order | 


During its session on August 22, 2023, the Court En Banc promulgated its 11-page Per Curiam Decision imposing the supreme penalty of disbarment on Atty. Ariel D. Maglalang for fabricating a supposed Order dated August 2, 2006 in Civil Case No. 206-16977, granting a purported petition for presumptive death of his client’s  husband. 


Atty. Maglalang made it appear that he filed the said petition on behalf of his client who, in reality, directed him to file not a petition for presumptive death but a petition for nullity of marriage. He also made it appear that the petition was heard and granted by Judge Ray Alan T. Drilon of the Regional Trial Court, Branch 41, Bacolod City. 


In determining Atty. Maglalang’s liability, the Supreme Court applied the recently promulgated Code of Professional Responsibility and Accountability (CPRA), which took effect on May 29, 2023. The CPRA explicitly provides that its provisions “shall be applied to all pending and future cases, except to the extent that its retroactive application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall govern.” 


Applying this in the present case, the Court was convinced, based on the evidence, that Atty. Maglalang authored and used the Forged Order. 


Under the CPRA, falsification of documents is a serious offense. A serious offense may be sanctioned with any or a combination of the following penalties: (a) disbarment; (b) suspension from the practice of law for a period exceeding six months; (c) revocation of notarial commission and disqualification as notary public for not less than two (2) years; or (d) a fine exceeding PhP100,000.00. 


Given the evidence and circumstances, the Court found the supreme penalty of disbarment against Atty. Maglalang in order. 


Read more at https://sc.judiciary.gov.ph/sc-applies-cpra-in-disbarring-lawyer-for-falsifying-court-order/. 


#TechnologyDrivenJudiciary #SupremeCourtPH 


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