A grossly immoral act is one that is so corrupt and false as to constitute a criminal act or an act so unprincipled or disgraceful as to be reprehensible to a high degree.

immoral conduct as conduct that is willful, flagrant or shameless, and that shows a moral indifference to the opinion of the good and respectable members of the community.

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Quantum of Evidence (Lawyers) Preponderance of Evidence - is the weight, credit, and value of the aggregate evidence on either side and is usually considered to be synonymous with the term greater weight of the evidence or greater weight of the credible evidence.

Quantum of Evidence (Judges) - Substantial Evidence - that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.

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Rule 138, Section 27Grounds for Disbarment or suspension1. any deceit, 2. malpractice, 3. other gross misconduct in such office, 4. grossly immoral conduct, 5. by reason of his conviction of a crime involving moral turpitude, 6. for any violation of the oath which he is required to take before admission to practice, 7. for a willful disobedience appearing as attorney for a party to a case without authority to do so.

The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

Defenses:want of jurisdictionwant of noticecollusionfraudmistake of fact and of law

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Forms of Clemency1. Reinstatement2. Commutation3. Lifting of disqualification

Guidelines for JUdicial Clemency1. There must be proof of remorse and reformation2. Sufficient time must have lapsed from the imposition of the penalty3. The age of the person asking for clemency must show that he still has productive years ahead of him

4. There must be a showing of promise as well as potential for public service5. Other relevant factors and circumstances that may justify clemency

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Rule 137 Sec 1No judge or judicial officer shall sit in any case in which1. he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise2. he is related to either party within the sixth degree of consanguinity or affinity3. to counsel within the fourth degree, computed according to the rules of the civil law4. he has been executor, administrator, guardian, trustee or counsel5 . he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.

Sec. 2. Objection that judge disqualified, how made and effect. - If it be claimed that an official is disqualified from sitting as above provided, the party objecting to his competency may, in writing, file with the official his objection, stating the grounds therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency, until after final judgment in the case.

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Malicious administrative or criminal cases against members of the judiciary

1. filed within six months before the compulsory retirement of a Justice or Judge; 2. for an alleged cause of action that occurred at least a year before such filing; and3. If it is intended to harass the respondent

1987 ConstiThe Supreme Court shall have administrative supervision over all courts and the personnel thereof

Section 1, Rule 140 of the Revised Rules of Court provides that the disciplinary proceedings against judges and justices may be instituted under either of three ways:1. by the Supreme Court motu proprio;2. upon a verified complaint; or3. upon an anonymous complaint, supported by public records of indubitable integrity

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.

Canon 21. A lawyer shall preserve the confidence and secrets of his client even after the attorney-client relationship is terminated.

"He cannot shirk the responsibility without the risk of being called upon to account for his dereliction."

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Relationship by affinity refers to a relation by virtue of a legal bond such as marriage. Relatives by affinity therefore are those commonly referred to as "in-laws," or stepfather, stepmother, stepchild and the like.

Consanguinity is relationship by blood or by a common ancestor. It is the quality of being descended from the same ancestor as another person.

================================================ General Rule - lawyers in government service cannot handle private cases for they are expected to devote themselves full-time to the work of their respective offices.

substantial responsibility is a responsibility requiring the official to become personally involved to an important, material degree, in the investigative or deliberative processes regarding the transactions or facts in question.

Exception:

1. authorized by the Constitution or law (include a memorandum or a circular or an administrative order) provided, that such practice will not conflict or tend to conflict with their official functions

================================================general rule is that a lawyer who holds a government office may not be disciplined as a member of the bar for infractions he committed as a government official.

Except: if his misconduct constitutes a violation of his oath a member of the legal profession.

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ways how govt lawyers leave1. retirement2. resignation3. expiration of the term of office4. dismissal5. abandonment

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Lawyer's OathI, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.