LEGAL AND JUDICIAL ETHICS

1. Practice of Law A. Concept 1. Practice of law is not a natural property or constitutional right but a mere privilege to be extended or withheld in the exercise of sound judicial discretion. It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. 2. Practice of law is a profession, a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character. It is not a business, using bargain counter methods to reap a large profit. The gaining of a livelihood is but a secondary consideration.

B. Qualifications 1. Citizen of the Philippines; 2. Resident of the Philippines; 3. At least 21 years of age; 4. Of good moral character; 5. No charge involving moral turpitude filed or pending in court; (In Re Lanuevo, 66 SCRA 245, concealment of criminal charge) 6. Educational qualifications: a. completion of a four year high school course and a collegiate course leading to a bachelors degree in arts or sciences with political science, logic, English, Spanish, history and economics as major; b. completion of a four-year law course in a school or university officially approved and recognized by the Secretary of Education. 7. Passing the Bar examinations. (Alawi v. Alauya, 268 SCRA 628, Sharia bar not enough)

C. Appearance of Non-lawyers

1. Student Practice Rule (Rule 138-A) Third year students who are members of the schools legal clinic. 2. Non-lawyers in courts: a. In the Municipal Trial :Courts, a person may appear by himself (pro se) of through a friend.. b. In municipalities where no lawyer is available, the judge of a Municipal Trial Court may appoint a person of repute for integrity and competence to represent a party it a case.. c. In the RTC, a party may appear for himself or through a lawyer . d. Small claims cases.

3. Non-lawyers in administrative bodies Non-lawyers may be allowed by law to appear, such as union representatives allowed to represent union member in the NLRC (Art.722 [a], Labor Code).

4. Proceedings where lawyers prohibited from appearing: a. Proceedings before the Katarungan Pambarangay (Art. 415, Local Government Code) b. Small claims proceedings (Secs. 16 & 17, Rule on Small Claims Cases)

D. Sanctions for practice or appearance without authority: 1. Lawyers without authority this constitutes malpractice and violation of the lawyers oath, for which he may be suspended or disbarred. 2. Persons not lawyers may be punished for contempt of court.

E. Public Officials and Practice of Law 1.Prohibited from practicing President, Department secretaries, Judges and justices, prosecutors, Solicitor General and members of the OSG, members of Constitutional Commissions, Governors and Mayors. 2. Allowed to practice but subject to restrictions Senators, members of the House of Representatives, Vice-Governors and Vice Mayors, members of the Sanggunians,. 3. Approval of department head required - Civil Service employees (Catu v. Rellosa, AC 5738, Feb. 9, 2008 [punong barangay] ; Abella v. Cruzaba, AC 5088, June 3, 2009 [ [Register of Deeds employee]).

Prohibitions and disqualifications of former government attorneys: (a) Under R.A. 6713 retired government officials are allowed to practice their profesi9on, but for a period of one year after their retirement, they are not allowed to practice in the office where they had previously been connected. (b) Under the Code of Professional Responsibility - A lawyer may not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service (Rule 6.03). (c) Under the judiciary Retirement Act (R.A. 910 retired members of the judiciary cannot appear as counsel in cases, civil, criminal or administrative, where the government is the adverse party.

F. Lawyers authorized to represent the government:Members of the Office of the Solicitor GeneralState prosecutorsMembers of the Office of the Government Corporate CounselOfficers who may be authorized by law. 5. Private lawyers retained by government entities with the approval of the OSG or GOCC and the Commission on Audit (Rey A. Vargas v. Atty. Michael A. Ignes, A.C. No. 8096, July 5, 2010) .

G. Lawyers Oath : I, ______ do solemnly swear that: I will maintain allegiance to the Republic of the Philippines; will support the Constitution and obey the laws as well as the legal order of duly constituted authorities therein; I will do no falsehood nor consent to the doing of the same in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, not give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation, without any mental reservation or purpose of evasion, SO HELP ME GOD. (Aguirre v. Rama, B.M. 1036, June 10, 2003, last step is signing the Attorneys Roll)

2. DUTIES AND RESPONSIBILITIES OF A LAWYER

A. Duties to Society in general: 1. Uphold the Constitution, Obey the laws of the land, and Promote respect for the law and legal processes (Canon 1, CPR .(Canon 1) a. Not engage in unlawful, dishonest, immoral and deceitful conduct. Rule 1.01) b. Not counsel or abet activities aimed at defiance of the law and lessening confidence in the legal system, ( Rule 1.02 ) c. Not encourage any suit or proceeding or delay and any mans cause. (Rule 1.03) d. Encourage his clients to ,avoid, and/or settle a controversy if it will admit of a fair settlement. (Rule 1.04)

Cases: Advincula v. Macabata, AC 7204, Mar. 7, 2007 Mendoza v. Deciembre, AC 5338, Feb. 27, 2009 Kupers v. Hontanosas, AC 5704, May 5, 2009 Garrido vs.Garrido, AC 65503, Feb. 4, 2010 St. Louis University High School v. Atty. Rolando dela Cruz, A.C. 6010, August 28, 2006 Roa v. Moreno, AC 8382, April 21, 2010 Mecaral v. Velasquez, AC 5736, June 29, 2010

2. Make his services available in an efficient and convenient manner (Canon 2) a. Shall not reject, except for valid reasons, the cause of the defenseless or oppressed (Rule 2.01) b. In case he cannot accept the case, at least give legal advice to the extent necessary to safeguard his rights.. (Rule 2.02) c. Shall not do or permit to be done any act primarily designed to solicit legal business. ( Art. 2.03) (In re Tagorda, 53 Phil. 37, Linsangan vs. Tolentino, A.C. 6672, Sept. 4, 2009) d. Shall not charge rates lower than those customarily prescribed unless the circumstances so warrant (Rule 2.04)

3. In making known his legal services, use only true, honest, fair, dignified and objective in formation (Canon 3)(Ulep v. Legal Clinic, Inc. 223 SCRA 378) a. Not use any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement of claim. (Rule 3.01) (Khan v. Simbillo, 409 SCRA 209) c. Continued use of name of deceased partner permitted provided firm indicates that he is deceased. (Rule 3.02) (In re Sycip, Salazar, 92 SCRA 1) d. When partner joins public office, his name should be dropped, unless he is allowed to practice law concurrently ( Rule 3.03), E. Not pay members of media in return for publicity (Rule 3.04)

4. A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law reform and in the improvement of the administration of justic.e (Canon 4)

5. A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating the law and jurisprudence. (Dulalia v. Cruz, AC 6854, Aug. 20, 2007)

Duties to the legal profession.

1. Integrated Bar of Philippines (a) Integration of the Bar is the official unification of the entire lawyer population ordained by the Supreme Court on January 16, 1973.

(b) Integration is constitutional (In re Integration, 49 SCRA 22)

(c) Objectives of the IBP: elevate standard of the legal profession, improve the administration of justice, enable Bar to discharge its public responsibility more effectively.

(d) Purposes of the IBP include:

(1) assist in the administration of justice(2) foster and maintain high ideals of integrity, learning , professional competence, public service and conduct among its members, (3) safeguard the professional interests of its members, (4) cultivate among its members a spirit of cordiality and brotherhood,(5) provide a forum for discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the Bar to the Bench and the public, (6) encourage and foster legal education, (7) promote a continuing program of legal research and make reports and recommendations thereon.

(e) Membership in the IBP is obligatory on all lawyers. A member in good standing who is 75 years old or who has been lawyer for 40 years or is unable to practice law due to physical disability or judicially adjudged mental incapacity, may be retired from the IBP upon petition to the Board of Governors. A retired member cannot practice law, but may be reinstated by the Board of Governors upon written application. (f) Every member of the Integrated Bar shall pay annual dues fixed by the Board of Governors. Failure to pay dues can be a ground for suspension and/or disbarment (In re Edillon, 84 SCRA 554)/.(g) Mandatory on all members of the bar, even those abroad. (h) Non-payment of dues is not excused by limited practice of law and senior citizens discount (Santos vs. Llamas, 322 SCRA 529)

Upholding the Dignity and Integrity of the Profession. (Canon 7)

a. Answerable for knowingly making a false statement or suppressing a material fact in application for admission to the bar. (Rule 7.01) (Diao v. Martinez, 7 SCRA 475 false claim of an A.A. degree). b. No support for person known to be unqualified. (Rule 7.02) c. Shall not engage in conduct that adversely affects his fitness to practice law, nor, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. (Rule 7.03) (Guevarra v. Eala, AC 7136, August 2007, Cham v. Patta-Moya, A.C. 7494, June 27, 2008, Keld Stemmerik v. Atty. Mas, AC 8010, June 10, 2009).

3. A lawyer shall conduct himself with courtesy, fairness and candor towards professional colleagues, and avoid harassing tactics against opposing counsel. (Canon 8) a. Not use abusive, offensive and improper language. (Rule 8.01) (Barandon, Jr. v. Ferrer, Jr., AC 578, Mar. 26, 2010)

b. Not, directly or indirectly, encroach on the professional employment of another lawyer. (Rule 8.02) (Camacho v Pagulayan, 328 SCRA 631 negotiating with adverse party without passing through the lawyer; Linsangan v. Tolentino, AC 6672, Sep. 4, 2009 enticing clients of another lawyer to transfer their cases to him)

4. No assistance in unauthorized practice of law. (Canon 9). a. No delegation to an unauthorized person of work that may be performed only by a member of the bar in good standing.; (Rule 9.01) b. Shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: i. pre-existing agreement with partner or associate for payment to family over a reasonable period in case of latters death; ii. Undertakes to complete unfinished business of deceased lawyer. iii. Retirement plan for employees (Rule 9.02)

c. Duties to the Courts. 1. Candor, Fairness and Good Faith to the courts. (Canon 10) (Emanates from his role as an officer of the court. a. Shall not allow falsehood in court, nor mislead or allow the courts to be misled. (Rule 10.01) Maligaya v. Doronila, 502 SCRA 1 Fernandez v. Villalon, AC 6943, Feb. 27, 2009 De Leon v. Castelo, AC 7907. Jan. 12, 2011 b. Must not knowingly misquote or misinterpret. (Rule 10.02). (Allied Banking Corp. v. CA, 416 SCRA 65 quoting from the syllabus) c. Observe rules of procedure and not misuse them. (Rule 10.03) d. Serve opposing party with copies of pleadings. (Rule 10.04)

2. Observe and maintain respect due to the courts and judicial officers (Canon 11) a. Appear in court properly attired (Rule 11.01) b. Appear in court hearings punctually. (Rule 11.02) c. Abstain from scandalous, offensive or menacing language or behavior. (Rule 11.03) (Letter of Atty. Sorreda, 464 SCRA 43, Lacurom v. Jacoba, 484 SCRA 206, Ng vs. Alar, AC 7252, Nov. 22, 2006) d. Do not attribute to judge motives not supported by the record or immaterial to the case (Rule 11.04) (Fudot v. Cattleyla Land, Inc., GR 171008, Oct. 25, 2008) e. Do not criticize personal or official conduct of judge in an insulting and intemperate language. (Rule 11.05) f. Submit grievances against a judge to the proper authorities only. (Rule 11.06)

3. Assist in speedy and efficient administration of justice. (Canon 12) a. Appear at trial adequately prepared. (Rule 12.01) b. No forum shopping (Rule 12.02) (Que v. Revilla, AC 7054, Dec. 4, 2009; Alonso v. Relamida, AC 8481, Aug. 3, 2010 c. Observe extensions of time . (Rule 12.03) d. Unduly delaying a case, impeding execution of a judgement, and misusing court processes. (Rule 12.04) (Hegna v. Paderanga, AC 5955, Sep. 8, 2009) e. Refrain talking to witness during recess. (Rule 12.05) f. Do not assist a witness misrepresent himself. (Rule 12.06) g. Not abuse, browbeat or harass a witness. (Rule 12.07) h. Avoid testifying in favor of a client , except: i. on formal matters ii. On substantial matters where his testimony is essential (Rule 12.08) Santiago v. Rafanan, 440 SCRA 91 not applicable to preloiminary investigations)

4. Reliance on merits of case, not from improper influence upon the courts. (Canon 13) a. Shall not extend extraordinary attention or hospitality to judges. (Rule 13.01) (Erlinda Bildner v. Erlinda Ilusorio and Atty. Manuel Singson, G.R. No. 157384, June 5, 2009) b. Shall not make public statements in media tending to arouse public opinion for or against a party. (Rule 13.02) Re: Suspension of Atty. Bagabuyo, AC 608, Oct. 9, 2007 Foodsphere, Inc. v. Mauricio, AC 7199, July 22, 2009. c. Shall not invite interference by another branch of government in the normal course of judicial proceedings. (Rule 13.03)

D. Duties to the Client 1. A lawyer shall not refuse his services to the needy (Canon 14) a. Creation of lawyer-client relationship b. Lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status in life or because of his opinion regarding the guilt of said person (Rule 14.01) (Francisco v. Portugal, 484 SCRA 571) b. Not decline appointment as counsel de oficio or amicus curiae, or request of IBP to render free legal aid. (Rule 14.02) counsel de oficio lawyer appointed by the court to represent an indigent party; opposite of counsel de parte. amicus curiae friend of the court; appointed to advise the court in complex cases. amicus curiae par excellance the entire bar pro bono legal service without expecting payment

c. Valid grounds for refusing to represent indigent: i. No competence, ii. Conflict of interest. (Rule 14.03) b. Observance of same standard of con duct (Rule 14.04)

2. Candor, Fairnes and Loyalty to client. (Canon 15) a. In conferring with a prospective client, determine as soon as practicable the existence of a conflict of interest (Rule 15.01) i. Types of conflict of interest: Concurrent or multiple representation Sequential or successive representation

ii. Tests of conflict of interest:

(1) Whether a lawyer is duty bound to fight for an issue or claim in behalf of one client , and at the same time, to oppose that claim for another client; (2) Whether the acceptance of a new relation would prevent the full discharge of his duty of undivided loyalty to his client. (3) Whether the acceptance of a new relation would invite suspicion of unfaithfulness or double-dealing in the performance of his duty of fidelity and loyalty. (4) Whether in the acceptance of the new relation, he would be called upon to injure his former client on a matter that he has handled for him, or require him to reveal information that his former client has given to him.

b. A lawyer shall be bound by the rule on privileged communication in respect to matters disclosed to him by a prospective client (Rule 15.02)c. A lawyer shall not represent conflicting interests except by written consent of all concerned given after full disclosure of the facts (Rule 15.03) . Heirs of Falame v. Baguio, AC 6876, Mar. 7. 2006 Pacana v. Pascual-Lopez, AC 8243, JUly24, 2009 Gamilla v. Mario, A.C. 4763, March 20, 2003 Hornilla v. Salunat, A.C. 5804, July 1, 2003 Quiambao v. Bamba , A.C. 6708, August 28, 2005

d. A lawyer may act as mediator, conciliator or arbitrator (Art. 15.04 e. Give a candid opinion on the merits and probable results (Art. 15.05)f. A lawyer shall not state that he can influence a court. (Art. 15.06)g. A lawyer shall impress on his client compliance with the law. (Art. 15.07)h. A lawyer shall make clear to client if he is acting as a lawyer or in another capacity (Art. 15.08)

3.A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.(Canon 16) a. A lawyer shall account for all money or property collected or received for or received from the client (Rule 16.01) (Yuhico v. Guttierez, AC8391, Nov. 23, 2010 ; Tan v. Balon, AC 6483, Aug. 31, 2007)). i. Money given for a purpose must be used for such purpose; otherwise, returned to client immediately. ii. Failure to do so will raise presumption that lawyer misappropriated it. (Angalan v. Delante, AC 7181, Feb. 6, 2009; De Chavez-Blanco v. Lumasag, Jr., AC 5195, Apr. 10, 2009) b. A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. (Rule 16.02)

c. A lawyer shall deliver the funds and property oaf client upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. (Rule 16.03)

i. A Lawyer may not apply clients funds to his fees if client is still objecting to the amount thereof. (Genato v. Adaza, 328 SCRA 694; Lem oine v. Balon, 414 SCRA511).

ii. A lawyer will not be ordered to return money given to him for facilitation fee. (Arellano University v. Mijares, AC 380, Nov. 30. 2009)

d. A lawyer shall not borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to his client except, when in the interest of justice, he has to advance necessary expenses in a legal mater he is handling for the client. (Rule 16.04) (Wong v. Moya, AC 6972, 2008)

i. Prohibition under Article 1491 of the Civil Code. Conditions: (a) Lawyer-client relationship; (b) Clients property involved in a litigation; (c) Lawyer is handling litigation for the client; (d) Litigation is still pending; (e) Lawyer acquires the property directly or indirectly:

(1) includes mortgage or lease to lawyer or partnership or corporation owned by him. (2) includes acquisition of a right of redemption of clients property; (3) not violated by contingent fee contract; (4) void on ground of public policy; fraud is irrelevant. Fidelity to clients cause - A lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed in him (Canon 17). Belleza v. Macasa, AC 7815, July 23, 2009

5. Competence and diligence A lawyer shall serve his client with competence and diligence (Canon 18). Competence knowledge of the law. Diligence ordinary, not extraordinary; includes adequate preparation for trial (Rule 18.02). a. A lawyer shall not neglect a legal matter entrusted to him and his negligence will render him liable. (Rule 18.03) (Talento v. Paneda, AC 7433, Dec. 23, 2009) b. Shall not undertake a legal service that he knows or should know he is not qualified to render, unless his client consents to his obtaining a collaborating counsel. (Rule 18.01) c. Client shall keep the client informed of the status of his case and shall respond within reasonable time to his clients request for information. (Rule 18.04) (Solidon v. Macalalad, AC 8158, Feb. 124, 2010)

6. Representation with zeal within legal bounds (Canon 19). a. Lawyer shall employ only fair and honest means to obtain the goals of his client. (Rule 19.01) Briones v. Jimenez, AC 6691, April 17, 2007 Pea v. Aparicio, AC 7208, June 25, 2007. Rural Bank of Calape v. Florido, AC 5736, June 29, 2010) b. A lawyer shall call on his client to rectify a fraud on the tribunal, otherwise, terminate their relationship. (Rule 19.02) c. Should not allow his client to dictate the procedure in handling the case. (Rule 19.03)

7. A lawyer shall charge only fair and reasonable fees (Canon 20)

Law Firm of Tungol & Tibayan v. CA, GR 166298, July 9, 2008 Vinson Pineda v. Atty. De Jesus, GR 166224, August 23, 2006

a. Acceptance fee - down payment on attorneys fees if he accepts to render service in the case. Should not be made a precondition to rendering such legal service (Ceniza v. Rubia, AC 6166, Oct. 2, 2009).

b. Contingency fee arrangements contract between lawyer and client whereby the lawyer agrees to handle the clients case but his fee, usually a proportion of the funds or property that may be recovered, shall be contingent on his success in handling the case. Because he takes a risk in the payment of his fees, a larger amount is allowed. A contingent fee agreement is valid.

A contingency fee arrangement is different from a champertousagreement where the lawyers fee is also contingent on his successin achieving the goal of his client, but with the additional stipulationthat all expenses of the litigation will be shouldered by him. Achampertous agreement is invalid.

c. Attorneys liens: Retaining lien a lawyer is allowed to retain possession of the monies properties and documents of his client until he is paid his fees. Requisites are: (1) lawyer obtained possession by virtue of a lawyer-client relationship, (2) lawyer has rendered services, (3) lawyer has not been paid. Retaining lien is a passive lien. There is no action required of the lawyer to take to establish the lien. If the documents are needed to be used as evidence, the lawyer may be ordered to give them to the client, provided the latter posts a bond for the attorneys fees. A retaining lien is lost once the lawyer loses possession. A retaining lien is a general lien. It can be exercised to enforce the payment of the lawyers fees in all the services he has rendered to the client.

Charging lien the right of a lawyer to charge the judgment and all its executions for the payment of his fees.

The charging lien is an active lien. The lawyer is required to file a motion in the case he is handling to charge the judgment with his fees. Copies of his motion should be furnished to his client and the adverse party, who will be obliged to pay his fees before paying his client.

Necessarily a charging lien can be established only on a judgment for a sum of money.

A charging lien is a special lien. It can be utilized only for the payment of the lawyers services in the case he is handling.

d. Fees and controversies with clients.

1. A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate of forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. (Spouses Rafols vs. Barrios, AC 4973, Mar 15, 2010)

2. Avoid controversies with clients concerning his compensation and resort to judicial action only to prevent imposition, injustice of fraud. (Rule 20.04)

3. May file petition for attorneys fees as an incident in the same action he is handling or in a separate civil case.

e. Concepts of attorneys fees. 1. Ordinary the fee that the client pays his counsel for the latters services. 2. Extraordinary - attorneys fees as an item of damages which the court may order a losing party to pay to the winning party. As a general rule, attorneys fees in the concept of damages is not recoverable- Public policy requires that no penalty be placed on the right to litigate. Exceptions are provided in Article 2208 of the Civil Code. Claim for attorneys fees must be pleaded.

8. Preservation of clients confidences a. General Rule: A lawyer shall preserve the confidence and secrets of the client even after the attorney-client relationship is terminated (Canon 21) . b. Exceptions (when allowed): a. When authorized by the client ; b. When authorized by law; c. When necessary to collect his fees or to defend himself. His employees and associates or by judicial action (Rule 21.01) d. Disclosure to partners or associates of the firm, unless prohibited by the client (Rule 21.04)

9. Withdrawal of services a. A lawyer may withdraw his services only for good cause and upon notice appropriate in the circumstances (Canon 22). b. Grounds for withdrawal: (1) client pursues am illegal or immoral course of conduct; (2) client insists that lawyer violate canons and rules; (3) inability to work with co-counsel to detriment of client; (4) mental or physical condition of lawyer makes it difficult for him to continue; (5) client deliberately fails to pay attorneys fees; (6) election or appointment to public office; (7) other similar cases (Rule 22.01)

3. SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS a. Nature and characteristics of disciplinary actions against lawyers. (1) sui generis disciplinary proceedings are a class of their own, neither civil nor criminal, but an investigation into the character of a lawyer to determine his fitness to continue in the practice of law. They involve no private interest and afford no redress for private grievance. They are undertaken solely for public welfare. (2) prescription - the Statute of Limitations does not apply. Neither does prescription preclude disbarment proceedings. However, it ma indicate ulterior motive of the part of the complainant or innocence of the respondent.

b. Grounds: (1) Acts of misconduct before admission (Garrido v. Garrido, AC 6593, Feb. 4, 2010) (2) Acts of misconduct after admission; (1) Deceit (2) Malpractice (3) Gross misconduct in office (4) Conviction of a crime involving moral turpitude (5) Grossly immoral conduct (6) Violation of the lawyers oath (7) Willful disobedience of a lawful order of the court (8) Corruptly appearing for a party without authority (9) Solicitation of cases (Sec. 27, Rule 138) In general, loss of good moral character.

Proceedings: (1) initiated by the Supreme court motu propio or by the IBP, or upon verified complaint by any person filed with the Supreme Court or an IBP Chapter. . (2) if complaint prima facie meritorious, referred to the IBP, or the Solicitor General, any officer of the Court or a judge of a lower court. (3) IBP Board of Governors assigns complaint to Commission on Bar Discipline (CBD). (4) CBD will assign complaint to a Commissioner or group of Commissioners. (5) If complain t found meritorious, Commissioner(s) will require respondent to file an answer. (6) Commissioner will conduct hearing in which respondent is accorded due process.

(7) After hearing, Commissioner(s) will submit Report and Recommendation to IBP Board of Governors. (8) Board of Governors will render decision, either exonerating the respondent and dismissing the case, or imposing a sanction less than suspension, or recommending suspension or disbarment to the Supreme Court. Exoneration may be appealed by the complainant to the Supreme Court. Sanction of less than suspension or disbarment may be appealed by the respondent to the Supreme Court. Either one may file a motion for reconsideration with the IBP Board before appealing. (9) Supreme Court renders decision, by division if penalty is fine of p10,000 less and/or suspension for one year or less, and by the court en banc, if penalty is fine of more than P10,000.00 and/or suspension for more than one year, or disbarment.

d. Discipline of Filipino Lawyers Practice in Foreign Jurisdiction: (1) They may likewise be disciplined in the Philippines if their misconduct in the foreign jurisdiction also constitutes ground for discipline here. (2) But they are entitled to due process here, and the decision of the authorities abroad shall only be considered as prima facie evidence of misconduct.

4. Readmission to the Bar a. Lawyers who were suspended: 1. After a finding that the respondent lawyer must be suspended from the practice of law, the Court shall render a decision imposing the penalty.2. Unless the Court explicitly states that decision is immediately executory upon receipt thereof, the respondent has 15 days within which to file a motion for reconsideration thereof. Denial of the motion for reconsideration shall render the decision final and executory.3. Upon expiration of the period of suspension, the respondent shall file a Sworn Statement with the Court through the Office of the Bar Confidant stating therein that he or she has desisted from the practice of law and has not appeared in any court during the period of his or her suspension.

Copies of the sworn statement shall be furnished the Local Chapter of the IBP and to the Executive Judge of the courts where he or she has pending cases and/or has appeared as counsel.The Sworn Statement shall be considered as proof of respondents compliance with the order of suspension.6. Any finding or report contrary to the statements made by the lawyer under oath shall be ground for imposition of a more severe punishment, or disbarment, as may be warranted. (Maniago vs. Atty. De Dios, A.C. No. 78472, March 30, 2010)

b. Lawyers who have disbarred: The Supreme Court may reinstated a disbarred lawyer upon proof that he has regained his good moral character and can again be entrusted with the privileges of a lawyer.

c. Lawyers who have been repatriated: 1. Updating and payment in full of the annual membership dues in the IBP; 2. Payment of professional tax; 3. Completion of at least 36 credit hours of MCLE; 4. Retaking of the lawyers oath. (Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay, 540 SCRA 424)

5. Mandatory Continuing Legal Education a. Purpose: to ensure that members of the bar keep abreast with law and jurisprudence; maintain the ethics o the profession; and enhance the standards of the practice of law.

b. Requirements: 36 hours of MCLE every three years: 6 hours for legal ethics, 4 hours to trial and pre-trial skills, 5 hours to alternative dispute resolution, 9 hours to updates in substantive and procedural laws, 4 hours to legal writing and oral advocacy , 2 hours to international law and international conventions, 6 hours to subject as may be prescribed by the MCLE committee. c. Compliance each member shall secure a Compliance Card before the end of his compliance period. Such card must be returned not later than the day after the end of his compliance period.

d. Exemptions: 1. President and Vice-President, Secretaries and Undersecretaries of Executive Departments, 2. Senators and Members of the House of Representatives, 3. Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council, incumbent court lawyers covered by the Philippine Judicial Academy, 4. Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the Department of Justice, 5. Solicitor General and Assistant Solicitor General, 6. Government Corporate Counsel, Deputy an Assistant Government Corporate Counsel, 7. Chairmen and Members of Constitutional Commissions.

8. The Ombudsman, over-all Deputy Ombudsman, Deputy Ombudsman and Special Prosecutor of the Office of the Ombudsman, 9. Heads of government agencies exercising quasi-judicial functions, 10. Incumbent deans, bar reviewers and professors of law who have teaching experience for a lest ten years in accredited law schools. 11. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine Judicial Academy,

11. Governors and mayors, 12. Those who are not in law practice, private or public. 13. Those who have retired from law practice approved by the IBP Board of Governors. 14. Good cause. e. Sanctions: 1. Non-compliance fee. 2. Non-compliance after 60 days for compliance, listed as delinquent member of the IBP.

6. Notarial PracticeQualifications of Notary Public: 1. Citizen of the Philippines 2. Over 21 years of age 3. Resident of the Philippines for at least 1 year 4. Maintains a regular place of work In the city or province where the commission is to be issued, 5. Member of the Philippine bar in good standing 6. Has not been convicted in the first instance of a crime involving moral turpitude.

b. Term of office: two (2) years, commencing from the first day of January of the year in which the commission was issued. c. Powers and limitations: Powers Acknowledgments Oaths and affirmations Jurats Signature witnessing Copy certifications Any other act authorized by the Rules 1. Witnessing signing by thumbmark 2. Signing on behalf of disabled person.

Limitations: 1. A notary shall not perform a notarial act if the person involved as signatory of the instrument: (a) is not in the notarys presence personally at the time of notarization, (Heirs of Villanueva v. Beradio, AC 6270, Jasn 23, 2007) (b) is not personally known to the notary or identified through competent document of identity. (Gonzales v. Padiernos, AC 6713, Dec. 8, 2008) 2. A notary is disqualified from performing a notarial act if he: (a) is a party to the document or instrument to be notarized; (b) will receive as a direct or indirect result any advantage, right, title, interest, cash, property or other consideration; (c) is a spouse, common law partner, ancestor, descendant or relative by affinity or consanguinity of the principal within the fourth civil degree

3. A Notary public shall not perform a notarial act if (a) he knows or has good reason to believe that the transaction if unlawful or immoral, (b) the signatory shows a demeanor which engenders reasonable doubt as to the consequence of the transaction, (c) The signatory is not acting of his own free will. 4. A Notary Public shall not (a) execute a certificate containing information known or believed to be false, (b) affix an official signature or seal on a notarial certificate that is incomplete.

d. Notarial Register a permanently bound book containing a chronological record of notarial acts, with the following particulars: 1. Entry number 2. date and time of act, 3. type of notarial act, 4. type and description of instrument, 5. name and address of each principal, 6. name or address of each witness, 7. fee charged, 8. address where notarization was performed if not in regular place of work, 9. any other circumstance.

e. Jurisdiction of Notary Public and place of notarization: 1. Jurisdiction territorial jurisdiction of the commissioning court.(TanTiong Bio v. Gonzales, AC 6634, Aug. 23, 2007) 2. Place of notarization regular place of work, except: (a) public office, convention halls, and similar places where oaths of office may be administered, (b) public function areas in hotels and similar places for the signing of documents or instruments requiring notarization, (c) hospitals and other medical institutions where a party to an instrument is confined for treatment., (d) any place where a party to an instrument is under detention.

f. Revocation of Commission Executive judge may revoke commission: 1. For any ground for which an application for a commission may be denied; 2. Where the notary public (a) fails to keep a notarial register; (b) fails to make a proper entry in his notarial register; (c) fails to send a copy of his entries to the Executive within10 days of the following month; (d) fails to affix to acknowledgments dae of expiration of his commission; (e) fails to submit his notarial register, when filled, to the Executive Judge; (f) fails to make his report to the Executive Judge within a reasonable time, concerning the performance of his duties, as may be required by the Judge

(g) fails to require the presence of a principal at the time of a notarial act; (h) fails to identify a principal on the basis of personal knowledge or competent evidence; (i) executes a false or incomplete certificate; (j) knowingly perform or fails to perform any other act prohibited or mandated by the Rules; (k) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction.

g. Competent evidence of identity

1. at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or

2. the oath or affirmation of one credible witness not privy of the instrument, document or transaction who is personally known to the notary public, or of two witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.

h. Sanctions: The Executive Judge shall cause the prosecution of any person who: (1) knowingly acts or impersonates a notary public; (2) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public, and (3) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct. The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.

B. JUDICIAL ETHICSSources: a. New Code of Judicial Conduct for the Philippine Judiciary (1) Promulgated April 27, 2004; effective June 1, 2004. (2) Based on the Bangalore Draft adopted by the Judicial Group on Strengthening Judicial Integrity, intended to be the Universal Declaration of Judicial Standards, as revised by the Round Table Conference of Chief Justices held at The Hague on November 25-26, 2002. b. Code of Judicial Conduct. (1) Promulgated by the Supreme Court of the Philippines on September , 1989; effective October 20, 1989.

2. Qualities: a. Independence pre-requisite for h rule of law and fundamental guarantee of a fair trial. (1) Canon 1 of new code; covers individual and institutional independence of judges and the judiciary. Sec. 1 judges shall exercise functions on the basis of facts and law, independently, free from influence from any quarter. Go vs. CA, 206 SCRA 165 public opinion Ramirez v. Corpuz-Macandog, 144 SCRA 462 public official Sec. 2 judges shall be independent from judicial colleagues. Sec. 3 - judges shall refrain from influencing another court or administrative agency. Sabitsana v. Villamor,202 SCRA 405 pressuring MTC judge Sec. 4 - judicial prestige should not be used to advance private interests of others.

Sec. 5 judges shall be free from inappropriate connection with the executive and judicial branches.

Sec. 6 judges shall be independent in relation to society in general.

Sec. 7 judges shall maintain and enhance institutional and operational independence of the judiciary.

Sec. 8 - judges shall promote high standards of judicial conduct in order to promote public confidence in the judiciary which is fundamental to the maintenance of judicial independence.

b. Integrity essential in the official and personal demeanor of judges. Sec. 1 judges conduct should not only be above reproach but perceived to be above reproach. In the judiciary, moral integrity is more than a cardinal virtue. It is a necessity. (Fernandez v. Hamoy, 436 SCRA 186) Ignorance of the law is mark of incompetence, and where the law involved is elementary, ignorance thereof is considered an indication of lack of integrity (Macalintal v. Teh, 280 SCRA 623) Sec. 2 - conduct of judges must reaffirm peoples faith in the integrity of the judiciary. Sec. 3 - judges should take appropriate disciplinary measures against lawyers and court personnel.

c. Impartiality essential to the proper discharge of the judicial office. Sec. 1 Judges shall perform duties without favor, bias or prejudice. Sec. 2 - Judges should ensure that their conduct maintains and enhances the confidence of the public in the impartiality of the judge and the judiciary. Pimentel v. Salanga, 21 SCRA 160 peoples faith in the judiciary Parayno v. Meneses, 231 SCRA 807 duty to sit Sec. 3 Judges shall conduct themselves so as to minimize occasions in which it will be necessary for them to be disqualified from hearing or deciding a case. Sec. 4 Judges shall not make any comment might be expected to influence the outcome of the proceeding before him.

Sec. 5 Judges shall disqualify themselves in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. (Ref. Sec. 1, Rule 137, Rules of Court) (a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts. (b) The judge has previously served as a lawyer or was a material witness in the matter in controversy. (c) The judge or member of his family has an economy interest in the outcome of the matter in controversy. (d) The judge served as executor, administrator, guardian, trustee or lawyer in the matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein.

(e) The judges ruling in a lower court is the subject of review. Sandoval v. CA, 260 SCRA 283 partial participation (f) The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree. Villaluz v. Mijares, 288 SCRA 594 petitioner was judges daughte (g) The judge knows that his or her spouse, or child as a financial interest as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy, or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings. Sec. 6. If the parties and lawyer, independently of the judges participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceedings. The agreement, signed by all the parties and lawyers, shall be incorporated in the record of the proceedings. Remittal of disqualification Code of Judicial conduct

d. Propriety essential to all activities of a judge. Sec. 1 Judges shall avoid impropriety and appearance of impropriety in all their activities. a. Acts not per se improper can be perceived by the larger community as such. b. Judge who heard case while on vacation and dressed only in a polo shirt (Liwanag v. Lusre, A.M> MTJ-08-98-1168, April 21, 1999); tasteless jokes in a wedding ceremony (Hadap v. Lee, 114 SCRA 559). Sec. 2 - Judges must accept personal restrictions that might be viewed as burdensome by ordinary citizens, and in particular conduct themselves in a way that is consistent with the dignity of the judicial office.

Sec. 3 In their relations with lawyers who practice regularly before their courts, judges shall avoid situations giving rise to suspicions or appearance of favoritism or partiality.Sec. 4 A judge shall not participate in determination of a case in which any member of their family represents a litigant or is in any manner associated with the case. Sec. 5 - A judge shall not allow the use of his residence by members of the legal profession to receive clients of the latter or of other members of the legal profession. Sec. 6 In exercising freedom of expression, belief, association and assembly, judges shall conduct themselves in such a manner as to preserve the dignity, impartiality and independence of the judicial office. Macias v. Arula, 115 SCRA 135 participating in a political rally In re Judge Acua, 464 SCRA 250 use of expletives

Sec. 7 Judges shall inform themselves about their personal fiduciary and financial interests and those of the members of their family. Sec. 8 Judges shall not use or lend the prestige of the judicial office to advance their private interests or those of a member of their family, or any one else. Vistan v. Nicolas, 201 SCR 524 filed complaint for estafa in his own sala and assisted in issuance of warrant of arrest. Dionisio v. Escao, 302 SCRA 411 posting notices for family restaurnt business in court bulletin boardSec. 9 Confidential information acquired by a judges in their official capacity shall not be used for any other purpose related to their judicial duties. Sec. 10 Judges may engage in activities that do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties. In re Designation of Judge Rodolfo Manzano, AM 88-7-861-RTC consitutional prohib ition against designation of judges to agencies performing quasi-judicial or administrative functions.

Sec. 11 - Judges shall not practice law while the holder of judicial office. MTC judges as notaries public ex officio, may not notarize private documenrts, except (1) when no lawyers available in the municipality, and (2) notarial feees are paid to the governments account. Sec. 12 Judges may form or join associations of judges or participate in other organization representing the interests of judges. Sec. 13 Judges and members of their families shall neither ask for nor accept any gift, bequest, loan or favor in relation to anything done or to be done or entitled to be done by him in connection with the performance of his judicial duties.

Sec. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to ask for or accept any gift, bequest, loan or favor in relation to anything done or to be done or entitled to be done in connection with their duties and functions. Sec. 15. Subject to law and to any local requirements of public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is made, provided that such gift, award or benefit might not be reasonably perceived as intended to influence the judge in the performance of official duties or otherwise give rise to an appearance of partiality. Gifts from foreign sources governed by Sec. 7 (d) of R.A. 6713.

e. Equality - essential to the due performance of judicial duties. Sec. 1 Judges shall be aware of and understand diversity in society and differences arising from various sources.

a. Awareness of international instruments concerning equality of humn beings, and rights of women and children. b. Gender and Development Mainstreaming Plan for the Philippine Judicial System adopted on December 9, 2003. c. Judges should avoid first impressions, hasty conclusions and prejudgments. Sec. 2 Judges shall not in performance of judicial duties manifest bias or prejudice on irrelevant grounds. Sec.3 - Judges shall carry out judicial duties with appropriate consideration for all persons, without differentiation on any irrelevant ground. Sec. 4. Judges shall not permit court staff to differentiate between persons concerned in a matter before the judge on any irrelevant ground. Sec. 5 Judges shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice based on irrelevant grounds.

f. Competence and diligence prerequisite to the due performance of judicial duties. Sec. 1 Judicial duties of a judge shall take precedence over all other activities. Sec. 2 Judges shall devote their professional activity to judicial duties, which include other tasks relevant to the judicial office or the courts operations. Sec. 3 Judges shall take reasonable steps to maintain and enhance their knowledge, skill and personal qualities for the proper performance of judicial duties. Sec. 4 Judges shall keep themselves informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms. Two general source of international law custom art and conventional norms.

Sec. 5 Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness. Sec. 6. Judges shall maintain order and decorum in all proceedings before the court, and be patent, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Sec. 7 Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.

3. Discipline of Members of the judiciary

a. Members of the Supreme Court by impeachment only.

b. Lower court judges and justices by removal by the Supreme Court for grounds as may be provided by law.

c. Grounds: 1. Under Sec. 87 of the Judiciary Act of 1948 Serious misconduct and inefficiency. 2. Under Sections 8, 9 and 10 of Rule 140: serious, less serious and light charges. Serious: 1. Bribery, direct or indirect 2. Dishonesty and violations of the Anti-Graft Law (RA 3019) 3. Gross misconduct constituting violations of the Code of Judicial Conduct. 4. Knowingly rendering an unjust judgment or order. 5. Conviction of a crime involving moral turpitude

6. Willful failure to pay a just debt 7. Borrowing from lawyers and litigants in a case pending before the court 8. Immorality 9. Gross ignorance of the law or procedure 10. Partisan political activities 11. Alcoholism and/or vicious habits

Less serious 1. Undue delay in rendering a decision or order. Or in transmitting the records of the court 2. Frequent and unjustified absences without leave or habitual tardiness

3. Unauthorized practice of law 4. Violation of Supreme Court rules, directives, and circulars 5. Receiving additional or double compensation unless specifically authorized by law. 6. Untruthful statements in the certificate of service, and 7. Simple misconduct Light 1. Vulgar and unbecoming conduct 2. Gambling in public 3. Fraternizing with lawyers and litigants with pending cases in court 4. Undue delay in the submission of monthly reports.

d. Impeachment: Grounds: Culpable Violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of the public trust. Procedure: (1) A verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen upon a resolution of endorsement by any member thereof. (2) The complaint is referred to the proper committee, and after hearing and a majority vote of it member, the committee shall submit its report to the House.

(3) A vote of at least one-third of all the members of the house shall be necessary either to affirm a favorable resolution of the committee with the articles of impeachment, or override its contrary resolution.(4) The Senate shall have the sole power to try and decide all cases of impeachment while sitting for that purpose. (5) No person shall be convicted without the concurrence of two thirds of all the members of the Senate.(6) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines. But the party convicted shall be liable and subject to prosecution, trial and punishment according to law. (Secs. 2, 3, 6 and 7, Article XI, 1987 Constitution)

e. Sanctions imposed by the Supreme Court on erring members of the Judiciary.

1. If the judge is guilty of a serious charge: (a) dismissal from the service, (b) forfeiture of all or part of the benefits as the Court may determine, except accrued leave benefits; (c) disqualification from reinstatement or appointment to any public office, including government owned or controlled corporation, (d) Suspension from office without salary and other benefits for more than 3 but not exceeding 6 months. and (e) A fine of more than P20,000.00 but not exceeding P40,000.00.

2. If the judge is guilty of a less serious charge:

(a) Suspension from office without salary and other benefits for not less than 1 nor more than 3 months, or (b) A fine of more than P10,000.00 but no exceeding P20,000.00.

3. If the judge is guilty of a light charge: (a) A fine of not less than P1,000.00 but not exceeding P10,000.00, and/or (b) Censure, (c) Reprimand, (d) Admonition with warning.

******