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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under the Code of Professional Responsibility and Accountability (CPRA), a violation of the conflict of interest rule is treated either as a serious offense when it is intentional. Other violations of the conflict of interest rules are categorized as less serious offenses.
Canon III of the Code of Professional Responsibility and Accountability (CPRA) governs the rule on conflict of interests to be observed by members of the Bar.
Section 13 of Canon III provides that a lawyer shall not represent conflicting interests except by written informed consent of all concerned given after a full disclosure of the facts.
There is conflict of interest when a lawyer represents inconsistent or opposing interests of two or more persons. The test is whether in behalf of one client it is the lawyer’s duty to fight for an issue or claim, but which is his or her duty to oppose for the other client.
Under the CPRA, a violation of the conflict of interest rule is treated either as a serious charge or a less serious charge, depending on the circumstances. (Sps. Garcia v. Paredes-Garcia, A.C. No. 13839)
Canon VI of the CPRA categorizes the intentional violation of the conflict of interest rules as a serious offense. A lawyer who is found guilty of the intentional violation of the conflict of interest rules shall be subjected to any or a combination of the following sanctions:
- Disbarment;
- Suspension from the practice of law for a period exceeding six (6) months;
- Revocation of notarial commission and disqualification as notary public for not less than two (2) years; or
- A fine exceeding P100,000.00.
Other violations of the conflict of interest rules fall under the less serious charge. If a lawyer is found guilty of other violations of the conflict of interest rules, any of the following sanctions, or a combination thereof, shall be imposed:
- Suspension from the practice of law for a period within the range of one (1) month to six (6) months, or revocation of notarial commission and disqualification as notary public for less than two (2) years;
- A fine within the range of P35,000.00 to P100,000.00.
In determining the appropriate penalty to be imposed, the Court may, in its discretion, appreciate the mitigating and aggravating circumstances enumerated in Section 38, Canon VI.
If one (1) or more aggravating circumstances and no mitigating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not exceeding double of the maximum prescribed under this Rule. The Supreme Court may, in its discretion, impose the penalty of disbarment depending on the number and gravity of the aggravating circumstances.
If one (1) or more mitigating circumstances and no aggravating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not less than half of the minimum prescribed under the CPRA.
If there are both aggravating and mitigating circumstances present, the Supreme Court may offset each other. (Section 39, Canon VI)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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