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Where the court en banc is equally divided in opinion

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Where the court en banc is equally divided in opinion, or the necessary majority cannot be had, thecase shall again be deliberated on, and if after such deliberation no decision is reached, the originalaction commenced in the court shall be dismissed; in appealed cases, the judgment or order appealedfrom shall stand affirmed(Sec. 7, Rule 56, Rules of Court).LEGAL ETHICSI.THE CODE OF PROFESSIONAL RESPONSIBILITYA. To Society (Canons 1 to 6)418.Why is a lawyer prohibited to promote his services through commercial advertisements?A lawyer is prohibited to promote his services through commercial advertisements because lawyeringis not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarilyyields profits. The gaining of a livelihood is not a professional but a secondary consideration. Duty topublic service and to the administration of justice should be the primary consideration of lawyers, whomust subordinate their personal interests or what they owe to themselves. The practice of law is anoble calling in which emolument is a by-product, and the highest evidence may be attained withoutmaking much money. (Burbe v. Maguita, A.C. No. 99-634, June 10, 2002)419.Mr. A filed a complaint of disbarment against Atty. B on the ground of immorality becauseof a criminal complaint for issuing a bouncing check, in violation of B.P. Blg. 22 filed againsthim. Atty. B sought for the dismissal of the complaint, raising the defense that the saidcriminal complaint was dismissed with finality by the Court of Appeals for the failure ofthe prosecution to prove his guilt beyond reasonable doubt. Is Atty. B correct in hiscontention?No. Atty. B is incorrect in his contention because even if his guilt was not proved beyond reasonabledoubt in the criminal prosecution for violation of B.P. Blg. 22, issuing a bouncing check reflects on thelawyer’s moral character and he may be disciplined for such.(Calub v. Suller, A.C. No. 1474, 2000)420.Whatis the difference between “Barratry” and “Ambulance Chasing”?BarratryAmbulance ChasingThe offense of frequently exciting andstirring up quarrels and suits, either at lawor otherwiseThe solicitation of almost any kind of legal businessby an attorney, personally or through an agent inorder to gain employment. Any act by a lawyer or hisagent of improper solicitation usually in disaster oraccident sites, instigating victims to file lawsuits.421.Explain why the practice of law is a profession, not a business.Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital thatnecessarily yields profits. The gaining of a livelihood is not a profession but a secondary consideration.Duty to public service and to the administration of justice should be the primary consideration oflawyers, who must subordinate their personal interests or what they owe to themselves. The practice

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Term
Fall
Professor
NoProfessor
Tags
The Ambassadors, Complaint, Pleading

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