This case has been cited 2 times or more.
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2007-07-17 |
YNARES-SANTIAGO, J. |
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| Atty. Villarruz and Judge Alovera claim that they were denied due process as there was no verified complaint filed against them before the trial court. Likewise, Atty. Villarruz argues that the trial court did not lawfully acquire jurisdiction over him as he was not included as one of the respondents in the petition for relief. However, in the early case of Tajan v. Cusi, Jr.,[32] the Court held: It should be observed that proceedings for the disbarment of members of the bar are not in any sense a civil action where there is a plaintiff and the respondent is a defendant. Disciplinary proceedings involve no private interest and afford no redress for private grievance. They are undertaken and prosecuted solely for the public welfare. They are undertaken for the purpose of preserving courts of justice from the official ministration of persons unfit to practice in them. The attorney is called to answer to the court for his conduct as an officer of the court. The complainant or the person who called the attention of the court to the attorney's alleged misconduct is in no sense a party, and has generally no interest in the outcome except as all good citizens may have in the proper administration of justice. The court may therefore act upon its own motion and thus be the initiator of the proceedings, because, obviously the court may investigate into the conduct of its own officers. Indeed it is not only the right but the duty of the Court to institute upon its own motion, proper proceedings for the suspension or disbarment of an attorney, when from information submitted to it or of its own knowledge it appears that any attorney has so conducted himself in a case pending before said court as to show that he is wanting in the proper measure of respect for the court of which he is an officer, or is lacking in the good character essential to his continuance as an attorney. This is for the protection of the general public and to promote the purity of the administration of justice. (Emphasis added) In Re: Agripino A. Brillantes,[33] disciplinary proceedings for the suspension of an attorney originated from an unverified motion. The Court, citing Tajan v. Cusi, Jr., ruled that there is no substantive justifying purpose to be served by adhering to the prescription that a complaint against a lawyer be under oath. It was held that there is substantial compliance with the requirement where the motion was filed as an offshoot of a preliminary investigation which was conducted on the basis of sworn complaints. | |||||
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2006-02-23 |
YNARES-SANTIAGO, J. |
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| Besides, it is not sound judicial policy to await the final resolution of a criminal case before a complaint against a lawyer may be acted upon; otherwise, this Court will be rendered helpless from applying the rules on admission to and continuing membership in the legal profession during the whole period that the criminal case is pending final disposition when the objectives of the two proceedings are vastly disparate.[28] | |||||