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Legal & Judicial Ethics, 2012 Bar — Question 49

Legal & Judicial Ethics
2012 BarLegal & Judicial EthicsQ. 49

MULTIPLE CHOICE

Because of his political beliefs, Atty. Guerra joined a rebel group. Later, he was apprehended and charged with Rebellion in court. A disbarment case was also filed against him. While the case was pending, the government approved a general amnesty program and Atty. Guerra applied for and was granted amnesty. Should the disbarment case be also dismissed automatically? (A) Yes, because amnesty obliterates the criminal act. (B) No, disciplinary action on lawyers are sui generis and general penal principles do not strictly apply. (C) No, a lawyer has the duty to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. (D) Yes, if the Secretary of Justice approves the dismissal.

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