A it is true that the respondent has not been

  • No School
  • AA 1
  • 26

This preview shows page 10 - 13 out of 26 pages.

a. It is true that the respondent has not been convicted of rape, seduction, or adultery on this count, and that the grounds upon which the disbarment proceedings is based are not among those enumerated by Section 25, Rule 127 of the Rules of Court for which a lawyer may be disbarred. But it has already been held that this enumeration is not exclusive and that the power of the courts to exclude unfit and unworthy members of the profession is inherent; it is a necessary incident to the proper administration of justice; it may be exercised without any special statutory authority, and in all proper cases unless positively prohibited by statute. b. The continued possession of a fair private and professional character or a good moral character is a requisite condition for the rightful continuance in the practice of law for one who has been admitted, and its loss requires suspension or disbarment even though the statutes do not specify that as a ground of disbarment. c. To continue maintaining adulterous relations with a married woman and simultaneously maintaining promiscuous relations with the latter's niece is moral perversion that can
Image of page 10

Subscribe to view the full document.

not be condoned. Respondent's conduct therefore renders him unfit and unworthy for the privileges of the legal profession. d. The law provides that should the Solicitor General find sufficient grounds to proceed against the respondent, he shall file the corresponding complaint, accompanied by the evidence introduced in his investigation. The Solicitor General therefore is at liberty to file any case against the respondent he may be justified by the evidence adduced during the investigation.
Image of page 11
8. Cordon v Balicanta Facts: i. An administrative case was filed against Atty. Jesus Balicanta by Rosaura Cordon ii. Cordon alleges that Balicanta was her lawyer in the settlement of the estate of his deceased husband iii. In 1981, Balicanta enticed Cordon and her daughter to organize Rosaura Enterprises, a corporation with a commercial complex. iv. Thereafter, Cordon and daughter assigned 19 parcels of land to Balicanta and were registered in the name of the corporation v. Cordon and daughter became the major stockholder of the corp vi. Balicanta single-handedly ran the affairs of the corp and made Cordon sign a voting trust agreement plus a special power ot atty to sell and MG some parcels of land inherited by Cordon to a certain Tion Suy Ong. vii. Balicanta also submitted a spurious board resolution to the LBP so he can secure a loan of 2.2M. He mortgaged the 9 parcels of the land contributed by Cordon. viii. Balicanta intended to use the money for the new Baliwasan Commercial Complex which, upon inspection, Cordon found out it was made of weak materials that couldn’t have cost 2.2M ix. Since Balicanta did not pay any of the installment, LBP foreclosed the MG and sold the right to foreclose as well as another parcel of land to a certain Jammang.
Image of page 12

Subscribe to view the full document.

Image of page 13
  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes