Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Admission to the Bar (Rule 138, as amended by AM 24- 10-05-SC)

c. Good Moral Character

GOOD MORAL CHARACTER

Good moral character is a continuing requirement

The nature of the office of an attorney requires that a lawyer shall be a person of good moral character. Since this qualification is a condition precedent to a license to enter upon the practice of law, the maintenance thereof is equally essential during the continuance of the practice and the exercise of the privilege. (Grande v. Atty. De Silva, AC. . No. 4838, July 29, 2003)

The requirement of good moral character has four general purposes, namely:

  • To protect the public;
  • To protect the public image of lawyers;
  • To protect prospective clients; and
  • To protect errant lawyers from themselves.

Each purpose is as important as the other. (Garrido v. Attys. Garrido and Valencia, AC.. No. 6593, February 4, 2010)

Moral Turpitude.

An act of baseness, vileness, or depravity in the private duties which a man owes his fellow men, or to society in general, contrary to the customary rule of right and duty between man and woman, or contrary to justice, honesty, modesty, or good morals. (Republic v. Marcos II, GR Nos. 130371 & 130855, 2009).

BUT: Not every criminal act involves moral turpitude.

The executor of an executor cannot administer the estate of the first testator (R78, S2).

In this situation, the court may appoint an administrator de bonis non as the new administrator after the death of an executor who was not able to settle the estate of the first decedent during his lifetime. (Villanueva v. Chavez, GR No. 7671, 1913).