This case has been cited 5 times or more.
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2011-12-13 |
PER CURIAM |
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| In Sps. Donato v. Atty. Asuncion, Jr. [27] citing Yap v. Judge Aquilino A. Inopiquez, Jr., [28] this Court explained the concept of gross misconduct as any inexcusable, shameful or flagrant unlawful conduct on the part of a person concerned with the administration of justice; i.e., conduct prejudicial to the rights of the parties or to the right determination of the cause. The motive behind this conduct is generally a premeditated, obstinate or intentional purpose. | |||||
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2011-10-11 |
VILLARAMA, JR., J. |
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| In this case, respondent proceeded to notarize the second deed despite knowledge of its illegal purpose. His purported desire to accommodate the request of his client will not absolve respondent who, as a member of the legal profession, should have stood his ground and not yielded to the importunings of his clients. Respondent should have been more prudent and remained steadfast in his solemn oath not to commit falsehood nor consent to the doing of any.[17] As a lawyer, respondent is expected at all times to uphold the integrity and dignity of the legal profession and refrain from any act or omission which might lessen the trust and confidence reposed by the public in the integrity of the legal profession.[18] | |||||
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2009-09-08 |
PERALTA, J. |
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| In Spouses Donato v. Asuncion, Sr.,[30] where therein respondent lawyer filed a complaint for reformation of instrument to obtain financial gain, and prepared a contract which did not express the true intention of the parties, he was found guilty of gross misconduct and suspended from the practice of law for six (6) months. | |||||
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2005-04-21 |
CHICO-NAZARIO, J. |
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| In Spouses Jeneline Donato and Mario Donato v. Atty. Isaiah B. Asuncion, Sr.,[59] we explained the concept of gross misconduct as any inexcusable, shameful or flagrant unlawful conduct on the part of the person concerned in the administration of justice which is prejudicial to the rights of the parties or to the right determination of the cause. Such conduct is generally motivated by a premeditated, obstinate or intentional purpose. The term, however, does not necessarily imply corruption or criminal intent. | |||||
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2004-06-29 |
SANDOVAL-GUTIERREZ, J. |
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| "SEC. 27. Disbarment or suspension of attorneys by Supreme Court; grounds therefor. A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party in a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice." (Underscoring supplied) In Spouses Jeneline Donato and Mario Donato vs. Atty. Isaiah B. Asuncion, Sr.,[21] we explained the concept of gross misconduct as any inexcusable, shameful or flagrant unlawful conduct on the part of a person concerned in the administration of justice which is prejudicial to the rights of the parties or to the right determination of the cause. Such conduct is generally motivated by a premeditated, obstinate or intentional purpose. The term, however, does not necessarily imply corruption or criminal intent. | |||||