This case has been cited 3 times or more.
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2010-03-15 |
PER CURIAM |
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| Immoral conduct is conduct that is "willful, flagrant or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community."[45] What is grossly immoral must be so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree.[46] Absent a finding of criminal liability for bigamy, we, however, cannot rule that their subsequent marriage and co-habitation is grossly immoral. | |||||
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2007-03-07 |
CHICO-NAZARIO, J. |
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| Complainant's bare allegation that respondent made use and took advantage of his position as a lawyer to lure her to agree to have sexual relations with him, deserves no credit. The burden of proof rests on the complainant, and she must establish the case against the respondent by clear, convincing and satisfactory proof,[28] disclosing a case that is free from doubt as to compel the exercise by the Court of its disciplinary power.[29] Thus, the adage that "he who asserts not he who denies, must prove."[30] As a basic rule in evidence, the burden of proof lies on the party who makes the allegations-ei incumbit probation, qui decit, non qui negat; cum per rerum naturam factum negantis probation nulla sit.[31] In the case at bar, complainant miserably failed to comply with the burden of proof required of her. A mere charge or allegation of wrongdoing does not suffice. Accusation is not synonymous with guilt.[32] | |||||
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2004-09-22 |
PER CURIAM |
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| "Rule 7.03- A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor should he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession." The Code of Professional Responsibility forbids lawyers from engaging in unlawful, dishonest, immoral or deceitful conduct. Immoral conduct has been defined as that conduct which is so willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community.[22] To be the basis of disciplinary action, the lawyer's conduct must not only be immoral, but grossly immoral. That is, it must be so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree[23] or committed under such scandalous or revolting circumstances as to shock the common sense of decency.[24] | |||||