The Law and the Society

8/11/2019 The Law and the Society

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THE LAW AND THESOCIETY

BAUTISTA, MARIA THERESA D.

2012400136


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Benedictine

Hallmark ofEducation

Stability:

commitmentto the dailylife of this

place

Duties and

Obligations oflawyer

Canon 1 - Alawyer shalluphold theconstitution, obeythe laws of theland and promoterespect for lawand legalprocesses.

Correlation

COMMITMENT


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CASE 1: SANCHEZ VS. ATTY. SOMO(A.C. No. 6061. October 3, 2003.)

When respondent paid, with a personalcheck from a bank account which he knewhad already been closed, the person whoattended to his medical needs and

persisted in refusing to settle his dueobligation despite demand, respondentexhibited an extremely low regard to hisCOMMITMENTto the oath. . .


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Analysis:

In this case, respondents commitment to obeythe laws of the land was broken. Not only did heviolate the law as a citizen but he also violated hisduty as a lawyer. Whats more disappointing isthat instead of protecting his profession,respondent actually used such in violating his duty.Representing himself as a lawyer in order todefraud others definitely degrades the nobility ofhis profession.


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CASE 2: ESPINOSA & GLINDO VS. OMA(A.C. No. 9081. October 12, 2011)

In preparing and notarizing a voiddocument, Omaa violated Rule 1.01,Canon 1 of the Code of ProfessionalResponsibility which provides that "[a]

lawyer shall not engage in unlawful,dishonest, immoral or deceitful conduct."Omaa knew fully well that the "KasunduanNg Paghihiwalay" has no legal effect and is

against public policy. . .


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BenedictineHallmark ofEducation

All of itsmemberscommitthemselves to

seeking Godtogether.

Duties andObligations oflawyer

Canon 1, Rule 1.01 A lawyer shallnot engage inunlawful,dishonest,IMMORAL ordeceitful conduct.

Correlation

MORALITY


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CASE: GUEVARRA VS. EALA (A.C. No. 7136. August 1, 2007)

. . . In carrying on an extra-marital affair withIrene prior to the judicial declaration thather marriage with complainant was null andvoid, and despite respondent himself being

married, he showed disrespect for aninstitution held sacred by the law. Andhe betrayed his unfitness to be a lawyer.


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Analysis:

In this case, Morality was put as an issue.Respondent lawyers justifications that said illicitrelationship with complainants wife was actuallyallowed by their family and that it was not done ina scandalous manner still clearly go against theconcept of morality which God and our lawobliged us to protect. Said acts were evenclassified as grossly immoral, which is againstmans conscience. . .


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there shouldbe a fundamentalcommitment toplace sharedeffort andunderstandingabove the pursuitof more privateindividual ends.


Canon 5 A lawyershall keep abreast oflegal developments,participate incontinuing legaleducation programs,support efforts toachieve highstandards in lawschools . . .

Correlation

Effort andUnderstanding


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RELATED LAW: RULE 138-A, Section 2 ofthe Revised Rules of Court

The appearance of the lawstudent authorized by this rule, shallbe under the direct supervision and

control of a member of theIntegrated Bar of the Philippines duly accredited by the law school.. .


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there shouldbe a fundamentalcommitment toplace sharedeffort andunderstandingabove the pursuitof more privateindividual ends .


Canon 6, Rule 6.02 Alawyer in thegovernment serviceshall not use his publicposition to promote oradvance his privateinterests, nor allow thelatter to interfere withhis public duties.

Correlation

Public interestover Private

interest


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RELATED LAW: Section 4 of R.A. 6713 also known asthe Code of Conduct and Ethical standards forPublic Officials and Employees

Public officials and employees shall alwaysuphold the public interest over and abovepersonal interest. All government resourcesand powers of their respective offices must

be employed and used efficiently,effectively, honestly and economically,particularly to avoid wastage in public fundsand revenues.


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REFERENCES:

(Books)Agpalo, R. (2009). Legal and Judicial Ethics . Rex Printing Company, Inc.:

Manila, Philippines.Pineda, E. (1999). Legal and Judicial Ethics . Central Book Supply. Inc.:

Quezon City, Philippines

(Internet sources)http://www.gonzaga.edu/academics/graduate/graduate-student- council/Documents/Catholic-HE- Docs/The-Ten-Hallmarks-of- Benedictine-Education.pdfhttp://www.lawphil.nethttp://www.online.cdasia.comhttp://www.google.com