Tuesday, January 14, 2014

Gross immoral conduct of a lawyer. - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG

See - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG


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Attorney; Gross Immoral Conduct. Respondent Pedreña, a Public Attorney, was charged for sexual harassment. The Supreme Court held that the records show that the respondent rubbed the complainant’s right leg with his hand; tried to insert his finger into her firmly closed hand; grabbed her hand and forcibly placed it on his crotch area; and pressed his finger against her private part. Given the circumstances in which he committed them, his acts were not merely offensive and undesirable but repulsive, disgraceful and grossly immoral. They constituted misconduct on the part of any lawyer. In this regard, immoral conduct is gross when it is so corrupt as to constitute a criminal act, or so unprincipled as to be reprehensible to a high degree, or when committed under such scandalous or revolting circumstances as to shock the community’s sense of decency. Atty. Pedreña’s misconduct was aggravated by the fact that he was then a Public Attorney mandated to provide free legal service to indigent litigants, and by the fact that complainant was then such a client. He also disregarded his oath as a public officer to serve others and to be accountable at all times, because he thereby took advantage of her vulnerability as a client then in desperate need of his legal assistance. Thus, respondent was meted out the penalty of suspension from the practice of law for two (2) years. Jocelyn De Leon v. Atty. Tyrone Pedrena, A.C. No. 9401, October 22, 2013.

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