A.C. NO. 4947 - ROSA YAP-PARAS, VS. ATTY. JUSTO PARAS.R E S O L U T I O N - Supreme Court E-Library

Ruling

Wherefore in view of the foregoing, the Undersigned respectfully recommends for the suspension of Atty. Justo Paras from the practice of his law profession for a period of three (3) months from receipt hereof. It is also hereby recommended that the IBP Chapter wherein respondent Paras is a registered member be furnished a copy of the Order and notified of the said suspension for proper enforcement. Via Resolution No. XVI-2004-120 dated 27 February 2004, [10] the IBP Board of Governors adopted the Report of the Investigating Commissioner but modified the latters recommended penalty by recommending that respondent be suspended from the practice of law for six (6) months for violation of Rule 7.03, Canon 7 of the Code of Professional Responsibility. The case is now before us for confirmation. We agree with the IBP Board of Governors that respondent should be sanctioned. We find, however, that the recommended penalty is not commensurate to the gravity of the wrong perpetrated. The Court has always reminded that a lawyer shall at all times uphold the integrity and dignity of the legal profession [11] as the bar should always maintain a high standard of legal proficiency as well as of honesty and fair dealing among its members. By and large, a lawyer can do honor to the legal profession by faithfully performing his duties to society, to the bar, to the courts and to his clients. [12] To this end, nothing should be done by any member of the legal fraternity which might tend to lessen in any degree the confidence and trust reposed by the public in the fidelity, honesty and integrity of the legal profession. [13] In Marcelo v. Javier [14] , we held: It bears stressing that membership in the bar is a privilege burdened with conditions. A lawyer has the privilege and right to practice law during good behavior and can only be deprived of it for misconduct ascertained and declared by judgment of the court after opportunity to be heard has been afforded him. Without invading any constitutional privilege or right, an attorneys right to practice law may be resolved by a proceeding to suspend or disbar him, based on conduct rendering him unfit to hold a license or to exercise the duties and responsibilities of an attorney. It must be understood that the purpose of suspending or disbarring an attorney is to remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney, and thus to protect the public and those charged with the administration of justice, rather than to punish the attorney. An attorney may be disbarred or suspended for any violation of his oath or of his duties as an attorney and counsellor which include the statutory grounds enumerated in Section 27, Rule 138 of the Rules of Court. These statutory grounds are so broad as to cover practically any misconduct of a lawyer in his professional or private capacity. It is a settled rule that the enu