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    Ac 4428 Digest

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    Larry Amangao Indammog
    Florendo had been serving as the lawyer for a married couple, Elpidio and Ma. Elena Tiong, for two years. Elpidio suspected Florendo and Ma. Elena were having an affair. When confronted, they admitted to their illicit relationship in an affidavit. Though Elpidio forgave them, he filed a disbarment case against Florendo. Florendo claimed he could not be sanctioned since he was pardoned, but the court ruled that pardon does not preclude disciplinary action, as the case aims to protect the public. Florendo's two-year affair showed moral depravity and violation of client trust, warranting his six-month

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    Ac 4428 Digest

    Uploaded by

    Larry Amangao Indammog
    102 views1 page
    Florendo had been serving as the lawyer for a married couple, Elpidio and Ma. Elena Tiong, for two years. Elpidio suspected Florendo and Ma. Elena were having an affair. When confronted, they admitted to their illicit relationship in an affidavit. Though Elpidio forgave them, he filed a disbarment case against Florendo. Florendo claimed he could not be sanctioned since he was pardoned, but the court ruled that pardon does not preclude disciplinary action, as the case aims to protect the public. Florendo's two-year affair showed moral depravity and violation of client trust, warranting his six-month

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    Florendo had been serving as the lawyer for a married couple, Elpidio and Ma. Elena Tiong, for two years. Elpidio suspected Florendo and Ma. Elena were having an affair. When confronted, they admitted to their illicit relationship in an affidavit. Though Elpidio forgave them, he filed a disbarment case against Florendo. Florendo claimed he could not be sanctioned since he was pardoned, but the court ruled that pardon does not preclude disciplinary action, as the case aims to protect the public. Florendo's two-year affair showed moral depravity and violation of client trust, warranting his six-month

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    102 views1 page

    Ac 4428 Digest

    Uploaded by

    Larry Amangao Indammog
    Florendo had been serving as the lawyer for a married couple, Elpidio and Ma. Elena Tiong, for two years. Elpidio suspected Florendo and Ma. Elena were having an affair. When confronted, they admitted to their illicit relationship in an affidavit. Though Elpidio forgave them, he filed a disbarment case against Florendo. Florendo claimed he could not be sanctioned since he was pardoned, but the court ruled that pardon does not preclude disciplinary action, as the case aims to protect the public. Florendo's two-year affair showed moral depravity and violation of client trust, warranting his six-month

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    Problem Areas in Legal Ethics Pardon Does Not Bar Sanction Against an Erring Lawyer Moral Depravity Grossly

    sly Immoral
    Conduct
    Atty. George Florendo has been serving as the lawyer of spouses Elpidio and Ma. Elena Tiong. Elpidio, a US citizen is often times
    away. For two years, he suspected that his wife and Atty. Florendo were having an affair. Finally in 1995, he was able to listen to a
    telephone conversation where he heard Atty. Florendo mention amorous words to Ma. Elena. Atty. Florendo confronted the two and
    both eventually admitted to their illicit relationship. Atty. Florendo and Ma. Elena then executed and signed an affidavit, which was later
    notarized, stating that they admit of their illicit relationship; that they are seeking the forgiveness of their respective spouse. Elpidio
    forgave Florendo and Ma. Elena. But nevertheless, Elpidio filed a disbarment case against Florendo.
    Florendo said he can no longer be sanctioned because he was already pardoned.
    ISSUE: Whether or not Atty. Florendo is correct.
    HELD: No. A petition for suspension or disbarment of a lawyer is a sui generis case. This class of cases is meant to protect the public
    and the courts of undesirable members of the legal profession. As such, pardon by the offended party of the act complained of does not
    operate to offset the ground for disbarment or suspension. Florendos act of having an affair with his clients wife manifested his
    disrespect for the laws on the sanctity of marriage and his own marital vow of fidelity. It showed his utmost moral depravity and low
    regard for the ethics of his profession. He violated the trust reposed upon him by his client (Canon 17, Code of Professional
    Responsibility). His illicit relationship with Ma. Elena amounts to a disgraceful and grossly immoral conduct warranting disciplinary
    action. Section 27, Rule 138 of the Rules of Court provides that an attorney may be disbarred or suspended from his office for any
    deceit, malpractice, or other gross misconduct in office, grossly immoral conduct, among others. It cannot be also said, as he claims,
    that their relationship is merely a moment of indiscretion considering that their affair went on for more than two years. Florendo was
    suspended for 6 months.

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