Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Discipline and Disbarment of Lawyers (Canon VI)

c. Charges and Sanctions

Classification of Administrative charges

  • Serious;
  • Less serious; and
  • Light.

Less serious charges

  • Undue delay in rendering a decision or order, or in transmitting the records of a case;
  • Frequent and unjustified absences without leave of habitual tardiness;
  • Unauthorized practice of law;
  • Violation of Supreme Court rules, directive, and circulars;
  • Receiving additional or double compensation unless specifically authorized by law;
  • Untruthful statements in the certificate of service; and
  • Simple misconduct.

Serious vs. Less serious vs. Light charges

SERIOUS LESS SERIOUS LIGHT
As to their Acts
(a)Bribery, direct or indirect;

(b) Dishonesty and violations of
the Anti-Graft and Corrupt
Practices Law (R.A. No. 3019);

(c) Gross misconduct constituting
violations of the Code of Judicial
Conduct;

(d) Knowingly rendering an unjust
judgment or order as determined
by a competent court in an
appropriate proceeding;

(e) Conviction of a crime involving
moral turpitude;

(f) Willful failure to pay a just debt;

(g) Borrowing money or property
from lawyers and litigants in a case
pending before the court;

(h) Immorality;

(i)Gross ignorance of the law or
procedure;

(j)Partisan political activities; and

(k) Alcoholism and/or vicious
habits. (Sec. 8, Rule 140, ROC)		 (a) Undue delay in rendering a
decision or order, or in
transmitting the records of a case;

(b) Frequent and unjustified
absences without leave of habitual tardiness;

(c) Unauthorized practice of law;

(d) Violation of Supreme Court
rules, directive, and circulars;

(e) Receiving additional or double compensation unless specifically authorized by law;

(f) Untruthful statements in the
certificate of service; and

(g) Simple misconduct. (Sec. 9, Rule 140, ROC)








 (a) Vulgar and unbecoming
conduct;

(b) Gambling in public;

(c) Fraternizing with lawyers and litigants

(d) With pending case/cases in his court; and

(e) Undue delay in the submission of month reports. (Sec. 10, Rule 140, ROC)
As to their Sanctions
(a) Dismissal from the service,
forfeiture of all or part of the
benefits as the Court may
determine, and disqualification
from reinstatement or
appointment to any public office,
including government-owned or
controlled corporations. Provided,
however, that the forfeiture of
benefits shall in no case include
accrued leave credits;

(b) Suspension from office without
salary and other benefits for more
than three (3) but not exceeding
six (6) months; or

(c) A fine of more than P20,000.00
but not exceeding P40,000.00.
(Sec. 11(a), Rule 140, Rules of
Court)		 (a) Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or

(b) A fine of more than P10,000.00 but not exceeding P20,000.00. (Sec. 11(b), Rule 140, ROC)











 (a) A fine of not less than
P1,000.00 but not exceeding
P10,000.00 and/or

(b) Censure;

(c) Reprimand;

(d) Admonition with warning. (Sec. 11(c), Rule 140, Rules of Court)

Authorities

  • R.A. No. 3019
  • Rule 140, Rules of Court, Sec. 10
  • Rule 140, Rules of Court, Sec. 11
  • Rule 140, Rules of Court, Sec. 8
  • Rule 140, Rules of Court, Sec. 9