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FEDERICO N. RAMOS v. ATTY. PATRICIO A. NGASEO

This case has been cited 2 times or more.

2006-09-19
TINGA, J.
A lawyer shall not do any falsehood nor consent to the doing of any in court; nor shall he mislead, or allow the court to be misled by any artifice. Nonetheless, the power to disbar must be exercised with great caution.[15] In disbarment proceedings, the case against the respondent must be established by clear, convincing, and satisfactory proof, the burden of which rests upon the complainant.[16] Only a clear case of misconduct that seriously affects the standing and character of the lawyer as an officer of the Court and as a member of the bar will warrant disbarment.[17]
2006-02-27
CALLEJO, SR., J.
We find too harsh the recommended penalty of the Investigating Commissioner. It must be stressed that the power to disbar or suspend must be exercised with great caution. Only in a clear case of misconduct that seriously affects the standing and character of a lawyer as an officer of the Court and member of the bar will disbarment or suspension be imposed as a penalty.[18] Pursuant to the IBP Commission on Bar Discipline's Guidelines for Imposing Lawyer Sanctions,[19] and considering further that this is respondent's first infraction, we find that the penalty of reprimand as recommended by the IBP Commission on Bar Discipline, will suffice.