the law and the society
TRANSCRIPT
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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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BenedictineHallmark ofEducation
there shouldbe a fundamentalcommitment toplace sharedeffort andunderstandingabove the pursuitof more privateindividual ends.
Duties andObligations oflawyer
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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BenedictineHallmark ofEducation
there shouldbe a fundamentalcommitment toplace sharedeffort andunderstandingabove the pursuitof more privateindividual ends .
Duties andObligations oflawyer
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