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RE: SUBPOENA DUCES TECUM DATED JANUARY 11

FACTS:

Atty. Oliver O. Lozano and Atty. Evangeline Lozano-Endriano were found guilty of grave professional misconduct by the Supreme Court in its Resolution of June 15, 2010. The misconduct involved the misquoting or misusing of constitutional provisions in their pleadings to impute unjust acts to members of the Court. As a result, Atty. Lozano was indefinitely suspended from the practice of law. Atty. Lozano-Endriano, however, was reinstated in a subsequent resolution due to circumstances indicating lesser culpability on her part. Despite his suspension, Atty. Lozano repeatedly expressed willingness to admit his error, observe the rules and standards of the legal profession, and serve the ends of justice if reinstated. During his suspension, there were no reports of any unscrupulous practices on his part. Taking these factors into consideration, the Supreme Court decided to lift Atty. Lozano's indefinite suspension and reinstate him as a member in good standing.

ISSUES:

  1. Whether or not the indefinite suspension from the practice of law imposed on Atty. Oliver O. Lozano should be lifted

RULING:

  1. The Court hereby lifts the indefinite suspension from the practice of law of Atty. Oliver Lozano and reinstates him to the status of a member in good standing insofar as the suspension imposed by the Court is concerned.

PRINCIPLES:

  • Misquoting or misusing constitutional provisions in pleadings to impute unjust acts to members of the Court constitutes grave professional misconduct.

  • Professional misconduct involving the misuse of constitutional provisions to insult members of the Court is a serious breach of the standards expected of a member of the legal profession.

  • The penalty of indefinite suspension may be lifted if it is shown that the purpose for imposing it has already been served and the erring lawyer has expressed remorse and willingness to comply with the rules and standards of the legal profession.

  • The Court will not hesitate to discipline its officers but will not prolong a penalty if it has already achieved its purpose.