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EDUARDO A. ABELLA Vs RICARDO G. BARRIOS, JR

Respondent, a labor arbiter, asked the complainant how much his share of an award would be in exchange for a favorable decision. The complainant filed a disbarment complaint against the respondent, alleging violation of Rule 6.02 of the Code of Professional Responsibility. The court held that the respondent violated this rule, which prohibits government lawyers from using their public position to promote private interests or allow private interests to interfere with public duties. The respondent's actions constituted gross misconduct and immoral conduct.

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604 views1 page

EDUARDO A. ABELLA Vs RICARDO G. BARRIOS, JR

Respondent, a labor arbiter, asked the complainant how much his share of an award would be in exchange for a favorable decision. The complainant filed a disbarment complaint against the respondent, alleging violation of Rule 6.02 of the Code of Professional Responsibility. The court held that the respondent violated this rule, which prohibits government lawyers from using their public position to promote private interests or allow private interests to interfere with public duties. The respondent's actions constituted gross misconduct and immoral conduct.

Uploaded by

Ian Cabana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

EDUARDO A. ABELLA vs RICARDO G. BARRIOS, JR.

Adm. Case No. 7332 June 18, 2013

PERLAS-BERNABE, J.:

Facts:

Respondent acting as Labor arbiter asked how much would be his share to the case presented by the
complainant in exchange of a favorable decision. Thereafter, complainant issued a writ of execution but
nevertheless reduced the award in a second writ of execution he issued in a motion to quashe filed by
PT&T. Complainant now filed a disbarment complaint for violation of Rule 6.02, Canon 6 of the CPR.

ISSUE:

Whether or not respondent violated Rule 6.02, Canon 6 of the Code of Professional Responsibility.

HELD:

Yes. Rule 6.02 is particularly directed to lawyers in government service, enjoining them from using one’s
public position to: (1) promote private interests; (2) advance private interests; or (3) allow private
interests to interfere with public duties. It is well to note that a lawyer who holds a government office
may be disciplined as a member of the Bar only when his misconduct also constitutes a violation of his
oath as a lawyer. The infractions of the respondent constitute gross misconduct. Jurisprudence illumines
that immoral conduct involves acts that are willful, flagrant, or shameless, and that show a moral
indifference to the opinion of the upright and respectable members of the community. transgressions as
discussed herein and to equally deter the commission of the same or similar acts in the future.

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