The Importance of Adhering to Court Orders: A Lesson in Legal Ethics

Teodoro L. Cansino and Emilio L. Cansino, Jr. v. Atty. Victor D. Sederiosa, 887 Phil. 228 (2020)

Imagine a lawyer, once trusted to uphold the law, now facing the consequences of his own actions. This is not just a tale of professional misconduct but a stark reminder of the ethical obligations that come with being a member of the bar. In the case of Teodoro L. Cansino and Emilio L. Cansino, Jr. against Atty. Victor D. Sederiosa, the Supreme Court of the Philippines had to address a grave issue: a lawyer who continued to practice law despite being suspended.

The central question in this case revolved around Atty. Sederiosa’s actions after his suspension from the practice of law and the revocation of his notarial commission. He was accused of notarizing documents and practicing law during his suspension, actions that directly challenged the authority of the Supreme Court.

Understanding the Legal Framework

The practice of law is a privilege, not a right, and comes with stringent ethical standards. In the Philippines, the Supreme Court has the exclusive jurisdiction to regulate the practice of law, as outlined in Section 27, Rule 138 of the Rules of Court. This section states that a lawyer may be disbarred or suspended for various reasons, including “willful disobedience of any lawful order of a superior court.”

Moreover, the 2004 Rules on Notarial Practice stipulate that a notary public must be a member of the Philippine Bar in good standing. A suspended lawyer cannot legally serve as a notary public, as they are not considered in good standing during their suspension period.

These rules are not just bureaucratic formalities; they are essential to maintaining the integrity of the legal profession. For example, if a lawyer continues to practice law during suspension, it undermines the authority of the court and erodes public trust in the legal system.

The Journey of the Case

The case began with a complaint filed by Teodoro L. Cansino and Emilio L. Cansino, Jr. against Atty. Sederiosa, accusing him of notarizing spurious documents. The Integrated Bar of the Philippines (IBP) investigated the matter and recommended a one-year suspension from the practice of law and the revocation of his notarial commission for two years.

Despite this, Atty. Sederiosa continued to practice law and notarize documents. The Supreme Court, in its December 7, 2015 Resolution, upheld the IBP’s findings and imposed the recommended penalties. However, Atty. Sederiosa claimed he did not receive this resolution and continued his legal practice.

The Court’s decision to further investigate led to undeniable evidence that Atty. Sederiosa had indeed received the suspension order. The Court found him guilty of practicing law during his suspension and notarizing documents despite the revocation of his notarial commission.

Key quotes from the Court’s decision highlight the gravity of his actions:

“Atty. Sederiosa’s willful disobedience to a lawful order of this Court constitutes a breach of the Lawyer’s Oath which mandates every lawyer to ‘obey the laws as well as the legal orders of the duly constituted authorities therein.’”

“Engaging in the practice of law during one’s suspension is a clear disrespect to the orders of the Court. In doing so, the faith and confidence which the public has reposed upon the judicial system has been put at stake.”

Practical Implications and Lessons

This ruling underscores the importance of respecting court orders and maintaining ethical standards in the legal profession. Lawyers must understand that their actions have consequences, not just for their careers but for the integrity of the legal system as a whole.

For businesses and individuals, this case serves as a reminder to verify the status of legal professionals they engage with. A suspended lawyer cannot legally represent or notarize documents, and doing so can lead to legal complications.

Key Lessons:

• Respect and adhere to court orders, as failure to do so can lead to severe disciplinary actions.
• Verify the status of lawyers and notaries before engaging their services to ensure they are in good standing.
• Understand that the practice of law is a privilege that comes with ethical responsibilities.

Frequently Asked Questions

What does it mean for a lawyer to be suspended?

A suspended lawyer is temporarily barred from practicing law, which includes representing clients in court, giving legal advice, and notarizing documents.

Can a suspended lawyer still notarize documents?

No, a suspended lawyer cannot notarize documents because they are not considered a member of the Philippine Bar in good standing during their suspension.

What are the consequences of practicing law during suspension?

Practicing law during suspension can lead to further disciplinary actions, including additional suspension or even disbarment.

How can I check if a lawyer is suspended?

You can check the status of a lawyer by contacting the Office of the Bar Confidant or the Integrated Bar of the Philippines.

What should I do if I suspect a lawyer is practicing illegally?

Report your concerns to the Integrated Bar of the Philippines or the Supreme Court’s Office of the Bar Confidant for investigation.

ASG Law specializes in legal ethics and professional responsibility. Contact us or email hello@asglawpartners.com to schedule a consultation.