Legal Ethics Final Notes 2008

8/10/2019 Legal Ethics Final Notes 2008

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2008

LEGAL ETHICS NOTES

TABLE OF CONTENTS

LEGAL ETHICS

Terms to Ponder ……………………………………………………………

Practice of Law …………………………………………………………….Law Student Practice ………………………………………………………

Admission to the Practice ………………………………………………….

Four Fold Duties of a Lawyer ……………………………………………..Code of Professional Responsibility ……………………………………….

The Lawyer and the Society ……………………………………………….

andatory Continuin! Le!al "ducation #CL"$ …………………The Lawyer and The Le!al Profession …………………………….

The Lawyer and The Courts ……………………………………….

The Lawyer and The Client ………………………………………..

Discipline of Lawyers ……………………………………………………...Rules on Reinstatement …………………………………………………….

Rules in Case of Contempt of Court ……………………………………….

Rules Concernin! %otary Public …………………………………………..

JUDICIAL ETHICS

Code of &udicial Conduct …………………………………………………..

%ew Code of &udicial for the Philippine &udiciary ………………………...

'bli!ations of a &ud!e in (eneral ………………………………….Discipline of &ud!es ………………………………………………………..

Procedure for Discipline ……………………………………………………

INTEGRATED BAR OF THE PHILIPPINES

)nte!rated *ar of the Philippines …………………………………………...



GENERAL PRINCIPLES

LEGAL ETHICS is a branch of moral science that treats of the duties which an attorney

owes to the court+ to his client+ to his collea!ues on the profession and to the public.

Sources of Lega E!"#cs

,. Constitution

-. Rules of Court. Le!islation

/. Court decision

0. Canons of Professional "thics1. Code of Professional Responsibility

2. Treatises3 and

4. 'ther sources American *ar Association ,54 odel Rules of Professional Conduct

American *ar Association ,515 odel Code of Professional Responsibility

Ter$s !o Po%&er

AD'OCATE

The !eneral and popular name for a lawyer who pleads on behalf of someone else. 6e is a

person learned in the law and duly admitted to practice.

A(ICUS CURIAE

7Friend of the court.8 A person with stron! interest in or 9iews on the sub:ect matter of an

action+ but not a party to the action+ may petition the court for permission to file a brief+

ostensibly on behalf of a party but actually to su!!est a rationale consistent with its own9iews.

A(ICUS CURIAE PAR E)CELLENCE

*ar associations who appear in court as amici curiae or friends of the court. Act merely as

consultants to !uide the court in doubtful ;uestions or issues pendin! before it.

APPEARANCE *PRO HAC 'ICE+

Appearance by a lawyer who is not licensed to practice in a :urisdiction+ but only inconnection with a particular case.

APPEARANCE *IN PROPRIA PERSONA+

Appearance in court by a non<lawyer for himself without the assistance of a member of the

*ar. This is sometimes referred to as “Pro Se” practice.

ATTORNE,



The title reser9ed to those who+ ha9in! obtained the necessary de!ree in the study of law and

successfully ta=en the bar e>aminations+ ha9e been admitted to the )*P and remain members

thereof in !ood standin! and it is only they who are authori?ed to practice law in thePhilippines.

ASSOCIATE ATTORNE,

The term usually refers to a :unior lawyer in a law firm.

ATTORNE, AD HOC

The person named and appointed by the court to defend an absentee defendant in the suit in

which the appointment is made.

ATTORNE, - AT - LA.

Class of persons who are by license+ officers of the courts+ empowered to appear+ prosecute

and defend+ and upon whom peculiar duties+ responsibilities and liabilities are de9eloped by

law as a conse;uence.

ATTORNE, - IN -FACT

An a!ent whose authority is strictly limited by the instrument appointin! him+ thou!h he may

do thin!s not mentioned in his appointment necessary to the performance of the duties

specifically re;uired of him by the power of attorney appointin! him.

ATTORNE,S OF COUNSEL

)n !eneral+ these are the attorneys who collaborate or assist the attorney of record in the

mana!ement of the case.

ATTORNE, OF RECORD

The attorney whose name+ to!ether with the address+ is entered in the record of case as thedesi!nated counsel of the party liti!ated in the case and to whom :udicial notices relati9e

thereto are sent.

BAR

Refers to the le!al profession.

BENCH

eans the :udiciary.

CLIENT

'ne who see=s the ad9ice of a lawyer or retains him to prosecute or defend a suit.

COLLABORATING COUNSEL

A lawyer who assist another lawyer in the mana!ement+ prosecution or defense of a suit or

action.

COUNSEL



An officer of the court who is associated in the mana!ement of a particular case+ or who acts

as le!al ad9iser in reference to any matter re;uirin! le!al =nowled!e and :ud!ment.

COUNSEL DE OFICIO

An attorney appointed by the court to defend an indi!ent defendant in a criminal action or to

represent a destitute party in a case.

COUNSEL DE PARTE

An attorney retained by a party liti!ant+ usually for a free+ to prosecute or defend his cause in

court.

COUNSELOR

'ne who !i9es counsel or ad9ice on a professional capacity. The title could be used by those

admitted to the Philippine *ar.

COUNSELOR AT LA.'ne retained by a party in a cause of action to conduct the same on its trial on his behalf.

CURATOR AD HOC

A !uardian appointed for a special purpose.

DISBAR(EN

)t is the act of the Philippine Supreme Court in withdrawin! from an attorney the ri!ht to

practice law. The name is stric=en out from the Roll of Attorneys.

ETHICS

)t is the study of the principles of morality+ includin! the science of the !ood and nature of the

ri!ht.

LA.,ERS

This is !eneral term for a person trained in law and authori?ed to ad9ise or represent other inle!al matters.

LEAD COUNSEL

The counsel on either side of an liti!ated action who is char!ed with the principalmana!ement and direction of party@s case+ as distin!uished from his :uniors or subordinates.

LEGAL EHTICS

The embodiment of all principles of morality and refinement that should !o9ern the conduct

of e9ery member of the bar.8

NOTAR, PUBLIC

Public officers whose duty is to attest to the !enuineness of any deed or writin! in order to

render them a9ailable as e9idence of the facts stated therein and who is authori?ed by statute

to administer 9arious oaths.



PRACTICING LA.,ER

'ne en!a!ed in the practice of law which re;uires the application of law+ le!al procedure+=nowled!e+ trainin! and e>perience.

PROFESSIONAL ETHICSThe ri!ht application of the accepted standards of ri!ht and wron! the conduct of professional

people in the business relationship peculiar to their professional employment.

SOLICITOR

A !o9ernment lawyer attached the 'ffice of the Solicitor (eneral.

SUSPENSION

This is the temporary withholdin! of the lawyer@s pri9ile!e to practice the le!al profession for

a certain period+ or for an indefinite period of time.

TITULO DE ABOGADO)t means not mere possession of the acasemic de!ree of *achelor of Laws but membership in

the *ar after due admission thereto+ ;ualifyin! one for the practice of law. The "n!lishe;ui9alent of abogado is lawyer or attorney<at<law.

TRIAL LA.,ER

A lawyer who personally handles cases in court+ administrati9e a!encies or boards which

means en!a!in! in actual trial wor= either for the prosecution or for the defense of cases of

clients.

PRACTICE OF LA.

PRACT)C" 'F LA

• Any acti9ity+ in or out of court+ which re;uires the application of law+ le!al procedure+

=nowled!e+ trainin! and e>perience.

• To en!a!e in the practice of law is to perform those acts which are characteristics of

the profession. (enerally+ to practice law is to !i9e notice or render any =ind of

ser9ice+ which de9ice or ser9ice re;uires the use in any de!ree of le!al =nowled!e or

s=ill.

A!!or%e/ of Recor& A!!or%e/ of Cou%se

• Ta=es an acti9e role in the conductof the liti!ation

• erely ser9es in an ad9isory aspect

• 6is name must appear in the court

records

• %ame need not appear in the court

records

."a! Co%s!#!u!es Prac!#ce La

The indi9idual must customarily or habitually hold himself out to the public as a

lawyer and demands compensation for the followin! ser9icesB



,. Giving of advice or renderin! any =ind of ser9ice that in9ol9es le!al =nowled!e. This

is may include renderin! an opinion as proper in the interpretation of statutes.

-. Appearance in court and conduct cases in court.. Preparation of pleadings and other papers incident to actions and special proceedin!s

as well as the drawin! of deeds and other instruments of con9eyance.

Esse%!#a Cr#!er#a De!er$#%a!#1e of E%gag#%g I% !"e Prac!#ce of La

1. Habituality – implies customarily or habitually holdin! oneself out to the public as a

lawyer

2. Copensation – implies that one must ha9e presented himself to be in the acti9e

practice and that his professional ser9ices are a9ailable to the public for compensation+as a source of his li9elihood or in consideration of his said ser9ices.

!. Application of law+ le!al principle+ practice+ or procedure which calls for le!al

=nowled!e+ trainin! and e>perience.

". Attorney# client relations$ip.

C"arac!er#s!#cs of Prac!#ce of La

,. The profession is subservient to the court.

-. )t is not a business+ but a profession.

. Lawyers are administrators of :ustice./. Ri!ht to practice law is not a natural or constitutional right.0. A matter of public interest.

1. Act of lawyers are always sub:ect to scrutiny by the court.

Poer !o Regua!e Prac!#ce of La

The ri!ht to practice law is not a natural or constitutional ri!ht+ nor an absolute ri!ht or

a ri!ht de :ure+ but is a pri9ile!e of franchise. )t is bestowed by the State.

S!a!e Regua!#o%

1. Sec. %&%'( Art. )( Constution

“ The supreme court has the following powers:

&%' Promulgate rules concerning the protection and enforcement of constutional

rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar of the Philippines, and legal assistance to the underprivileged.

Such rules shall provide a simplified and inexpensive procedure for the speedy

disposition of cases, shall be uniform for all courts of the same grade, and shall not

diminish, increase or modify substantive rights. ules of procedure of special courtsand !uasi"#udicial bodies shall remain effective unless disapproved by the Supreme

$ourt.%

2. Art *++( Sec. 1" &2'( Constitution,

&The practice of all professions in the Philippines shall be limited to 'ilipino citi(en(,

save incases prescribed by law.%

!. Art *-+++( Sec. 1( Constitution



&)ll courts existing at the time of the ratification of this $onstitution shall continue to

exercise their #urisdiction until otherwise provided by law. The provisions of the

existing ules of $ourt, #udiciary acts, and procedural laws no inconsistent with this$onstitution shall remain operative unless amended or repealed by the Supreme $ourt

or the $ongrees.%

The ri!ht to practice law is not a 7property8. )t cannot be assi!ned or inherited+ but

must be earned by hard study and !ood conduct. Practice of law is a pri9ile!e impressed with public interest that it is both the ri!ht and

the duty of the State to control and re!ulate inorder to promote the public welfare.

The Constitutionally ested Power of the Supreme Court to Re!ulate includeB,. The authority to define the term3

-. Prescribe the ;ualifications of a candidate and the sub:ects of the bar e>aminations3

. Decide who will be admitted to practice3

/. Discipline+ suspend or disbar any unfit and unworthy member of the *ar3

0. Reinstate any disbarred or indefinitely suspended attorney31. 'rdain the inte!ration of the Philippine *ar3

2. Punish for contempt any person for unauthori?ed practice of law34. ">ercise o9erall super9ision of the le!al profession3 and

5. ">ercise any other power as may be necessary to ele9ate the standards of the *ar and

preser9e its inte!rity.

The LEGISLATURE+ in the e>ercise of its P'L)C" P'"R may+ howe9er+

enact laws re!ulatin! the practice of law to protect the public and promote the

public welfare. *ut it A %'T pass a law that will control the SEPR""

C'ERT in the performance of its function to decide who may en:oy the pri9ile!e of practicin! law.

A&$#ss#o% !o Prac!#ce

The power to admit applicants to the practice of law is :udicial in nature and

in9ol9es the e>ercise of :udicial discretion. The authority to decide who may beadmitted to the bar naturally and lo!ically belon!s to the :udiciary as

represented by the Supreme Court.

."o (a/ Prac!#ce La

The followin! persons may practice law in the Philippines3

,. Those who are licensed as a member of the Philippine *ar at the time these rules too=

effect3 and-. Those who may hereafter be admitted to the *ar+ pro9ided they are in !ood and re!ular

standin!. *Sec. +, ule +- ules of $ourt

• Those who pass the Shari@a *ar are not entitled to be called 7Attorneys8+

unless they ha9e also been admitted to the Philippine *ar.



LA. STUDENT PRACTICE

RULE 384A5 RULE OF COURT

NON4LA.,ERS .HO ARE AUTHORI6ED TO APPEAR IN COURT

Ge%era Rue7 'nly those who are licensed to practice law can appear and handle cases in

court.

Ece9!#o%s7

,. /efore t$e 0C / a party may conduct his own liti!ation in person with the aid of ana!ent or friend appointed by him for that purpose.

-. /efore any court # a party may conduct his liti!ation personally. *ut if he !ets

someone must be an authori?ed member of the *ar.

. +n a criinal case before t$e 0C – in a locality where a duly licensed member of the *ar is not a9ailable+ the :ud!e may appoint a non<lawyer who is a resident in the

pro9ince+ of !ood repute for probity to aid the accused in his defense.

/. A senior la student( who is enrolled in a reco!ni?ed law school@s clinical education

pro!ram appro9ed by the SC may appear before any court without compensation+ torepresent indi!ent clients accepted by the Le!al Clinic of the law school. The student

shall be under the direct super9ision and control of an )*P member duly accredited bythe law school.@

0. 0nder the 3abor Code , non<lawyers may appear before the %LRC or any Labor

Arbiter+ ifB a$ they represent themsel9es+ or b$ they represent their or!ani?ation or members thereof with written authori?ation of the latter+ or c$ they are duly accredited

members of any le!al office duly reco!ni?ed by the D'&+ or the )*P in cases referred

by the latter.

1. Ender the Cadastral Act + a non<lawyer can represent a claimant before the CadastralCourt.

2. Any person appointed to appear for the (o9ernment of the Philippines in accordance

it$ la.4. A non<lawyer may be a party before the Department of A!ricultural Reform

Ad:udication *oard :DARAB;<

L#$#!a!#o%s o% A99eara%ce of No%4La/ers Before T"e Cour!s

,. 6e should confine his wor= to non<ad9ersary contentions. 6e should not underta=e

purely le!al wor= such as the e>amination or cross<e>amination of witnesses+ or the

presentation of e9idence.-. Ser9ices should not be habitually rendered.

. Should not chan!e or collect attorney@s fees.

Co%&#!#o%s o% A99eara%ce of Se%#or La S!u&e%!7

,. The appearance of the Law student shall be under the direct super9ision and control of

a member of the )*P duly accredited by the law school.-. Any and all pleadin!s+ motions+ briefs+ memoranda or other papers to be filed+ must be

si!ned by the super9isin! attorney for and in behalf of the le!al clinic3 and

. 6e shall be !o9erned and sub:ect to ethical rules on le!al profession.



• A corporation CA%%'T en!a!e in the practice law. )t may+ howe9er+ hire an

attorney to attend to and conduct its own le!al business or affairs. *ut it cannot

practice law D)R"CTL 'R )%D)R"CTL by employin! a lawyer to practicefor it or to appear for others for its benefit.

• 'nly natural persons can en!a!e in the practice of law. A lawyer is burdened

with peculiar duties and responsibilities. *1atter of $ooperative 2aw $o., 3.4.567

Pu=#c Off#c#as ."o Ca%%o! Prac!#ce La I% T"e P"##99#%es

,. &ud!es and other officials as employees of the Supreme Court-. 'fficials and employees of the 'ffice of the Solicitor (eneral

. (o9ernment prosecutors

/. President+ ice<President+ embers of the Cabinet+ their deputies and assistants0. embers of the Constitutional Commissions

1. 'mbudsman and his deputies

2. All !o9ernors+ city and municipal mayors

4. Those prohibited by special law

Pu=#c Off#c#as .#!" Res!r#c!#o%s #% !"e Prac!#ce of La

,. Senators and embers of the 6ouse of Representati9es-. embers of the San!!unian

. Retired &ustices of the SC

/. Ci9il Ser9ice officers or employees without permit from their respecti9e department.

• A lawyer<member of the Le!islature is 4536 prohibited from appearin! as

counsel before any court of :ustice+ electoral tribunals or ;uasi<:udicial and

administrati9e bodies.

Res!r#c!#o%s #% !"e Prac!#ce of La of !"e (e$=ers of !"e Sa%ggu%#a%

General 7ule8 embers of San!!unian may en!a!e in the practice of law.

9:ceptions8

,. They shall not appear as counsel before any court in any ci9il case wherein a local!o9ernment unit or any office+ a!ency or instrumentality of the !o9ernment is the

ad9erse party.

-. They shall not appear as counsel in any criminal case wherein an officer or employee

of the national or local !o9ernment is accused of an offense committed in relation tohis office3

. They shall not collect any fee for their appearance in administrati9e proceedin!sin9ol9in! the local !o9ernment unit of which he is an official3 and

/. They shall not use property and personnel of the !o9ernment "C"PT when the

member concerned is defendin! the interest of the !o9ernment.

Re$e&#es Aga#%s! U%au!"or#>e& Prac!#ce

,. Petition for )n:unction

-. Declaratory Relief



. Contempt of Court

/. Dis;ualification and complains for disbarment

0. Criminal complaint for estafa a!ainst a person who falsely represents himself to be anattorney to the dama!e of a party.

AD(ISSION TO THE PRACTICE

Re?u#re$e%!s for a A99#ca%!s for A&$#ss#o% !o !"e Bar

,. ust be a citi?en of the Philippines3-. At least twenty<one years of a!e3

. 'f !ood moral character3

/. A resident of the Philippines3

0. ay present before the Supreme Court satisfactory e9idence of3

a$ (ood moral character3 and b$ %o char!es a!ainst him in9ol9in! moral turpitude ha9e been filed or are

pendin! in any court in the Philippines31. ust ha9e complied with the acadeic re;uirements3 and

2. ust pass the *AR e>amination.

NOTEB DEAL C)T)G"% CA% PRACT)C" LA )% T6" P6)L)PP)%"S. After a

former Filipino lawyer has reac;uired his Philippine citi?enship under RA 5--0# Dual

Citi?ens Act$ when he ta=es an oath alle!iance before the proper 'ffice #e>. Philippineconsulate in Canada$ and is able to meet all the re;uirements of the *ar+ he may be allowed by

the SC to practice law in the Philippines. Accordin!ly+ he is to ma=e his attorney@s oath a!ainto remind him of his duties and responsibilities and ta=e the CL" to refresh and update hisle!al =nowled!e. Ender RA 5--0+ Filipinos who ha9e become citi?ens of another country

but has mana!ed to reac;uired their Philippine citi?enship are deemed ne9er to ha9e lost it.

)mpliedly+ a dual citi?en who has all the ;ualifications may ta=e the bar e>aminations andadmitted to the *ar. 8Petition 'or 2eave To esume Practice 9f 2aw, Petitioner Ben#amin 1.

acanay, ecember +6, ;<<6=

Re?u#re$e%!s Before A Ca%&#&a!e Ca% Prac!#ce La

). 6e must ha9e been admitted to the *ar.a$ Furnishin! satisfactory proof of educational+ moral and other classifications3 b$ Passin! the *ar3c$ Ta=in! the Lawyer@s 'ath before the SC3d$ Si!nin! the Attorney@s Roll and recei9in! from the Cler= of the Court of the SC a

Certificate of license to practice.



)). After his admission to the *ar+ a lawyer must remain in !ood and re!ular standin!+

which is a continuin! re;uirement for the practice of law. This means that he mustB

a$ Remain a member of the )*P3 b$ Re!ularly pay all )*P membership dues and other lawful assessments+ as well

as the annual pri9ile!e

c$ Faithfully obser9e the rules and ethics of the le!al profession3 andd$ *e continually sub:ect to :udicial disciplinary control.

FOUR4FOLD DUTIES OF A LA.,ER

,. Cour!< A lawyer must maintain towards the court a respectful attitude

defend the courts a!ainst un:ust criticism+ uphold the court@s authority and di!nity3 obey court

orders and processes+ and assist in the administration of :ustice.

-. Bar< A lawyer must obser9e candor+ fairness+ courtesy and truthfulness

in his conduct towards other lawyers+ and uphold the honor of the profession.. C#e%!< A lawyer owes his entire de9otion to the interest of his client+

warmth and ?eal in the maintenance if the defense of his ri!hts and e>ertion of utmost learnin!ability to the end that nothin! be ta=en or withheld from his client e>cept in accordance with

law. 6e owes a duty of competent and ?ealous representation to the client+ and should

preser9e his client@s secrets+ preser9e his funds and property and a9oid conflict of interest./. Pu=#c< A lawyer must not underta=e any action which 9iolates his

responsibility to society as a whole and he must be e>ample in the community for upri!htness.

As a member of the society+ a lawyer must be ready to render le!al aid and foster le!alreforms+ be a !uardian of due process+ be aware of his special role and shall at all times be

ready to lend assistance in the study and resolution of social problems.

Du!#es of A La/er U%&er !"e Rues of Cour!

,. To maintain alle!iance to the Republic of the Philippines and to support the Constitution

and obey the laws of the Philippines3-. To obser9e and maintain the respect due to courts of :ustice and :udicial officers3

. To counsel and maintain such actions or proceedin!s only as it appears to him to be :ust+

and as such defends only as he belie9es to be honestly debatable under the laws3/. To employ+ for the purpose of maintainin! the causes confided to him+ such means only as

are consistent with truth and honor+ and ne9er see=s to mislead the :ud!e or any :udicial

officer by an artifice or false statement of fact or law3

0. To maintain in9iolate the confidence+ and at e9ery peril to himself+ to preser9e the secrets of his client+ and to accept no compensation in connection with his client@s business e>cept from

him or with his =nowled!e and appro9al3

1. To abstain from all offensi9e personality and to ad9ance no fact pre:udicial to the honor andreputation of a party or witness+ unless re;uired by the :ustice of the cause with which he is

char!ed3

2. %ot to encoura!e either the commencement or the continuance of an action or proceedin!+or delay any man@s cause+ for any corrupt moti9e or interested3



4. %e9er to re:ect for any consideration personal to himself+ the cause of the defenseless or

oppressed3 and the law permits to the end that no person may be depri9ed of life or liberty+ but

by due process of law.

CODE OF PROFESSIONAL RESPONSIBILIT,

I< T"e La/er a%& Soc#e!/

CANONS

< Ephold the Constitution+ obey the laws of the land and promote respect for law and le!al

processes.

2< a=e his le!al ser9ices a9ailable in an efficient and con9enient manner compatible with

the independence+ inte!rity effecti9eness of the profession.

3< Ese only true+ honest+ fair+ di!nified and ob:ecti9e information in ma=in! =nown his le!al

ser9ices.

@< Participate in the de9elopment of the le!al system by initiatin! or supportin! efforts in lawreform and in the impro9ement of the administration of :ustice.

< Heep abreast of le!al de9elopments+ and participate in continuin! le!al education pro!rams+ support efforts to achie9e hi!h standards in law students and in disseminatin!

information re!ardin! the law and :urisprudence.

< Applicability of the CPR to lawyers in !o9ernment ser9ice in the dischar!e of their official

tas=s.

II< T"e La/er a%& T"e Lega Profess#o%

CANONS

< At all times uphold the inte!rity and di!nity of the le!al profession and support theacti9ities of the )*P.

8< Conduct himself with courtesy+ fairness and candor toward his professional collea!ues+ anda9oid harassin! tactics a!ainst opposin! counsel.



< %ot directly or indirectly assist in the unauthori?ed practice law.

III< T"e La/er a%& T"e Cour!s

CANONS

0< 'wes candor+ fairness and !oof faith to the court.

< 'bser9e and maintain the respect due to the courts and to :udicial officer and should insist

on similar conduct by others.

2< ">ert e9ery effect and consider it his duty to assist in the speedy and efficientadministration of :ustice.

3< Rely upon the merits of his cause and refrain from any impropriety which tends to

influence+ or !i9es the appearance of influencin! the court.

I'< T"e La/er a%& T"e C#e%!

CANONS

@< %ot refuse his ser9ices to the needy.

< 'bser9e candor+ fairness and loyalty in all his dealin!s and transactions with clients.

< 6old in trust all moneys and properties of his client that may come to his possession.

< 'wes fidelity to the cause of his client and be mindful of the trust and confidence reposed

in him.

8< Ser9e client with competence and dili!ence.

< Represent his client with ?eal and within the bounds of law.

20< Char!e only fair and reasonable fees.

2< Preser9e the confidence and secrets of client e9en after the attorney< client relation isterminated.

22< ithdraw his ser9ices only for !ood cause and upon notice appropriate in thecircumstances.



THE LA.,ER AND THE SOCIET,

CA545 1 A 3A;697 SHA33 <PH43= H9 C45S+<+45( 4/96 H9

3A;S 4> H9 3A5= A5= P74049 79SP9C >47 3A;

A5= 39GA3 P74C9SS9S.

CASE DOCTRINES7

The issuance of worthless chec=s constitutes !ross misconduct+ and puts theerrin! lawyer@s moral character in serious doubt3 thou!h it is not related to his

professional duties as a member of the bar. 6e not only sets himself liable for

serious criminal offense under *.P. *l!. --+ but also trans!resses the Code of Professional Responsibility+ mandate of Canon , to obey the laws of the land and

promote the respect for law. 8 >da. e ?spino vs. Prese!uito, ).$. 39. @6A;,

<A;-;<<@=

)n a lon! line of cases+ the SC held disbarment to be the appropriate penalty for

con9iction by final :ud!ment for a crime in9ol9in! moral turpitude+ 8Barriosvs. 1artine(, ).$. 3o. @5-5. +++;;<<@=

1.1 5ot to engage in unlaful( dis$onest( ioral or deceitful conduct.

I$$ora Co%&uc! - which is willful+ fla!rant+ or shameless and which shows a moralindifference to the opinion of the !ood and respectable members of the community.

#Arci!a 9s. aniwa!+ ,I1 SCRA 05,$

Gross/ I$$ora Co%&uc! - one that is so corrupt and false to constitute a criminal actor so unprincipled or dis!raceful as to be reprehensible to a hi!h de!ree3 it is a

)LLFEL+ FLA(RA%T or S6A"L"SS ACT which shows a 'RAL)%D)F"RR"%C" to the opinion of respectable members of the community. #%ara! 9s. %ara!+ ,554$

(ora Tur9#!u&e

• )mports an act of baseness+ 9ileness or depra9ity in the duties which one person owes

to another or to society in !eneral which is contrary to the usual accepted andcustomary rule of ri!ht and duty which a person should follow. The ;uestion as to

whether an offense in9ol9es moral turpitude is for the Supreme Court to decide.

So$e Cr#$es I%1o1#%g (ora Tur9#!u&e,. "strada

-. *ribery

. urder /. Seduction

0. Abduction

1. Smu!!lin!2. Falsification of public documents



An attorney may be remo9ed or otherwise disciplined 7not only for malpractice and

dishonesty in his profession+ but also for !ross misconduct not connected with his professional duties+ which showed him unfit for the office and unworthy of the

pri9ile!es which his license and the law confer to him8. 8Piatt vs. )bordo, 5-

Philippines 5<=The court held that by alterin! the material dates to ma=e it appear that the %otice of

Appeal was timely filed+ respondent committed an act of dishonesty in 9iolation of

Rules ,.I- 8Cose ). ivera vs. )tty. 3apoleon $orralD ).$. 3o. 5@-, Culy @, ;<<;=Lawyer@s *est irtue+ 6onesty J Lawyer@s must deal with their clients+ brother

lawyers + courts of :ustice and the public with honesty.

Dishonesty is condemned and is a !round for disciplinary action.

1.2 5ot to counsel or abet activities aied at defiance of t$e la or at lessening confidence

in t$e legal syste.

Assistin! of client in a scheme which the attorney =nows to be dishonest or theconni9in! at a 9iolation of the law are acts which :ustify disbarment+ 8In re Terrell, ;

Phil ;AA=.

1.2 A layer s$all not? for any corrupt otive or interest( encourage any suit or

proceeding or delay any an,s cause.

A$=ua%ce C"as#%g

A lawyers act of chasin! an ambulance carryin! the 9ictims of an accident for

the purpose of tal=in! to the same 9ictim or the latter@s relati9es and offerin! hisle!al ser9ices for the filin! of the case a!ainst the person who caused the accident.

Barra!r/

'ffense of fre;uently e>citin! and stirrin! up ;uarrels and suits. The lawyer@s

act of fomentin! suits amon! indi9iduals and offerin! his le!al ser9ices to one of them

for monetary moti9es or purposes. A lawyer has the obli!ation not to encoura!e suits. The purpose of the

prohibition is to pre9ent barratry and ambulance<chasin!.

1.! o encourage $is clients to avoid( end or settle a controversy if it ill adit of a fair settleent.

Rue o% Co$9ro$#se

General 7ule8 A lawyer cannot+ without special authority+ compromise his client@s liti!ation

or recei9e anythin! in dischar!e of the client@s claim but the full amount in cash. A

compromise entered into without authority is merely unenforceable. )t can be ratified by theclient+ if he so desires.



9:ceptions8 A lawyer has e>clusi9e mana!ement of the procedural aspect of the liti!ation

includin! the enforcement of ri!hts and remedies of the client. Thus+ when the case wassubmitted for decision on the e9idence so far presented+ the counsel for pri9ate respondents

acted within the scope of his authority as a!ent and lawyer in ne!otiatin! for fa9orable terms

for his client.

• The nature of compromise a!reement is such that a party must !i9e up some of the

ri!hts that he has+ in consideration of the same act on the part of the other side.

CA545 2 A 3A;697 SHA33 0A@9 H+S 39GA3 S97-+C9S A-A+3A/39 +5 A5

9>>+C+95 A5= C45-95+95 0A5597 C40PA+/39 ;+H H9 +5=9P95C9(

+59G7+6 A5= 9>>9C+-959SS 4> H9 P74>9SS+45.

2.1 5ot to reect( e:cept for valid reasons( t$e cause of t$e defenseless or t$e oppressed.

=efenseless# not in the position to defend themsel9es due to po9erty+ wea=ness+ i!norance or other similar reasons

4ppressed# 9ictims of acts of cruelty+ unlawful e>action+ domination or e>cessi9e use of

authority.

No!e7 Correlate with Canon 1"( CP7

2.2 9ven if a layer does not accept a case( $e s$all not refuse to render legal advise to t$e

person concerned if only to t$e e:tent necessary to safeguard t$e latter,s rig$ts.

•

)t is the duty of the lawyer to assert e9ery remedy and defense that is authori?ed bylaw for the benefit of the client+ especially in a criminal action in which the latter@s life

is at sta=e. 6e had the duty to present<by all fair and honorable means< e9ery defenseand miti!atin! circumstance that the law permitted+ to the end that his clients would

not be depri9ed of life+ liberty or property+ e>cept by due process of law.#Santia!o 9s.

Rafan+ A.C. %o. 1-0-+ ,IKI0K-II/$

2.! 5ot to do or perit to be done any act designed priarily to solicit legal business.

Pr#$ar/ C"arac!er#s!#cs ."#c" D#s!#%gu#s" !"e Lega Profess#o% Fro$ !"e Bus#%ess

< A duty of public ser9ice+ of which the emolument is a by<product+ and in which one mayattain

the hi!hest eminence without ma=in! much money3

2 A relation as an officer of the court to the administration of :ustice in9ol9in! thorou!h

sincerity+ inte!rity and reliability3

3 A relation to clients in the hi!hest de!ree of fiduciary3 and



@ A relation to collea!ues at the bar characteri?ed by candor+ fairness and unwillin!ness to

resort to current business methods of ad9ertisin! and encroachment on their practice+ or

dealin! directly with clients. #)n ReB Sycip+ 5- SCRA ,$

-./ 5ot to pay or give anyt$ing of value to representatives of t$e ass edia in

anticipation of( or in return for( publicity to attract legal business.

Rue o% A&1er!#s#%g a%& So#c#!a!#o% of Lega Bus#%ess

Ge%era rue7 A lawyer cannot ad9ertise his talents+ as the le!al profession is a public trust

and ser9ice and not a business.

• Lawyers may not ad9ertise their ser9ices or e>pertise nor should not resort to indirect

ad9ertisements for professional employment+ such as furnishin! or inspirin!

newspaper comments+ or procurin! his photo!raph to be published in connection with

causes in which the lawyer has been en!a!ed or concernin! the manner of their

conduct+ the ma!nitude of the interest in9ol9ed+ the importance of the lawyer@s position+ and all other self<laudation.

Ece9!#o%s7

,. ritin! le!al articles.

-. "n!a!in! in business or other occupations e>cept when such could be

deemed improper+ be seen as indirect solicitation or would be thee;ui9alent of law practice.

. Law lists+ but only brief bio!raphical and informati9e data. #Elep 9s.

Le!al Clinic+ )nc.+ -- SCRA 24$

/. 'rdinary+ professional cards.0. %otice to other local lawyers and publishin! in a le!al :ournal of

one@s a9ailability to act as an associate for them.1. 'fferin! and pro9idin! free le!al ser9ices to the indi!ent.2. See=in! a public office+ which can only be held by a lawyer or in a

di!nified manner+ a position as a full time corporate counsel .

4. Listin! in a phone directory+ but not under a desi!nation of a special branch of law.

5. Acti9ity of an associate for the purpose of le!al representation.

,I. Simple pronouncements primarily for the le!al profession.

• Solicitation of cases at law for the purpose of !ain+ either directly or throu!h paid

a!ents or bro=ers. Constitutes $a9rac!#ce Rue 385 sec<2< The rule prohibits professional toutin!.

•(i9in! of le!al ad9ice throu!h media cannot be underta=en by a lawyer because thewor= in9ol9es indirect ad9ertisin!+ 9iolation of the confidential relation of attorneyand client+ and a breach of the traditional standards of the profession.

6owe9er+ it is :ustified under Ca%o% CPR 8… to assist in disseminatin! informationre!ardin! the law and :urisprudence.8 Thus there should be no solicitation.



2.% 5ot to c$arge rates loer t$an t$ose custoarily prescribed( unless

circustances so arrant.

hat the rule prohibits is the competition in the matter of char!in! professional fees

for the purpose of attractin! clients in fa9or of the lawyer from char!in! a reduced fee

or none at all to an indi!ent or to a person who would ha9e the difficulty payin! thefee usually char!ed for such ser9ices.

CA545 !. A 3A;697 +5 0A@+5G @54;5S H+S 39GA3 S9-+C9S SHA33 <S9

4536 7<9( H459S( >A+7( =+G5+>+9=( A5= 4/B9C+-9 +5>47A0+45 47

SA9095 4> >ACS.

3< A a/er s"a %o! use or 9er$#! !"e use of a%/ fase5 frau&ue%!5 $#sea&#%g5

&ece9!#1e5 u%&#g%#f#e&5 sef4au&a!or/ or u%fa#r s!a!e$e%! or ca#$ regar&#%g"#s ?ua#f#ca!#o%s or ega ser1#ces<

3<2 I% !"e c"o#ce of a f#r$ %a$e5 %o fase5 $#sea&#%g5 or assu$e& %a$e s"a =e

use&< T"e co%!#%ue& use of !"e %a$e of &ecease& 9ar!%er #s 9er$#ss#=e

9ro1#&e& !"a! !"e f#r$ #%&#ca!es #% a #!s co$$u%#ca!#o%s !"a! sa#& !"e 9ar!%er

#s &ecease&<

Respondents@ use of the firm name *a=er cHen?ie constitutes a representation that bein! associated with the firm they could 7render le!al ser9ices of the hi!hest ;uality

to multinational business enterprises and others en!a!ed in forei!n trade and

in9estment.8 This is unethical because *a=er cHen?ie+ bein! an alien law firm+ isunauthori?ed to practice law in the Philippines.M Dacanay 9s. *a=er cHen?ie+ Adm. Case no. -,,N

Dea!" of a Par!%er Does No! E!#%gu#s" !"e C#e%!4 La/er Rea!#o%s"#9 #!" !"e

La F#r$

)n *.R. Sebastian )nc. 9s. CA #-I1 SCRA$+ the court found no merit in petitioner@s

contentions that the death of Atty. Crispin *ai?as terminated the Client<Lawyer

relationship. Petitioner@s counsel was the law firm of *A)GAS+ AL*"RT' ASS'C)AT"S and not merely Atty. *ai?as. 6ence+ the death of the latter did not

e>tin!uish the lawyer<client relationship between said firm and petitioner.

%'T"B The new rule is in effect an abandonment of the rulin! laid down in the case of )n Re Sycip '?ceta+ 5- SCRA ,.

3<3 ."ere a 9ar!%er acce9!s 9u=#c off#ce5 "e s"a #!"&ra fro$ !"e f#r$ a%& "#s

%a$e s"a =e &ro99e& fro$ !"e f#r$ %a$e u%ess !"e a aos "#$ !o

9rac!#ce a co%curre%!/<



Reaso% for D#s?ua#f#ca!#o%7 Public office is a public trust. Conflict of interest must

be a9oided to trust in the public office.

CA545 ". A 3A;697 SHA33 PA7+C+PA9 +5 H9 =9-934P095 4> H9 39GA3 S6S90 /6 +5++A+5G 47 S<PP47+5G 9>>47S +5 3A; 79>470

A5= +5 H9 +0P74-9095 4> H9 A=0+5+S7A+45 4> B<S+C9.

CA545 %. A 3A;697 SHA33 @99P A/79AS 4> 39GA3 =9-934P095S(

PA7+C+PA9 +5 C45+5<+5G 3@9GA3 9=<CA+45 P74G7A0S( S<PP47

9>>47S 4 ACH+9-9 H+GH SA5=A7=S +5 3A; SCH443S AS ;933 AS +5

H9 P7AC+CA3 7A+5+5G 4> 3A; S<=95S A5 ASS+S +5 =+SS90+5A+5G

+5>470A+45 79GA7=+5G H9 3A; A5= B<7+SP7<=95C9.

(ANDATOR, CONTINUING LEGAL EDUCATION :(CLE; 4 *AR ATT"R %'.

40

(CLE Re?u#re$e%!s

embers of the )*P not e>empt under REL" 2 shall complete+ e9ery three #$ years+ at least

thirty<si> #1$ hours of continuin! le!al education acti9ities appro9ed by the (CLE

Committee. 'f the 1 hourB8a= Si> #1$ hours shall be de9oted to 3egal 9t$ics.

8b= Four #/$ hours shall be de9oted to rial and Pre#trial sills<

8c= Fi9e #0$ hours shall be de9oted to Alternative =ispute 7esolution.8d= %ine #5$ hours shall be de9oted to updates on Substantive and Procedural 3as and

Burisprudence

8e= Four #/$ hours shall be de9oted to 3egal ;riting and 4ral Advocacy.

8f= Two #-$ hours shall be de9oted to +nternational 3a and Burisprudence.

8g= Si> #1$ hours shall be de9oted to such sub:ects as may be Prescribed by t$e 0C39

Coittee.

'irst $ompliance Period: April ,/+ -II, to April ,/+ -II/.

Second $ompliance Period: April -II/ to April -II2

%ew lawyers who passed the bar durin! the second or third year of the compliance

period are re;uired to ta=e -/ or ,- units of CL" credits respecti9ely.

Par!#es Ee$9!e& fro$ !"e (CLE

The followin! members of the *ar are e>empt from the CL" re;uirementB,. President+ ice JPresident and Endersecretary of ">ecuti9e Departments

-. Senators and Con!ressmen

. &ustices of SC+ incumbent and retired embers of the &udiciary+ )ncumbent embersof the &*C and )ncumbent court lawyers co9ered by the Philippine &udicial Academy

pro!ram of continuin! :udicial education.



/. Chief State Counsel+ Chief State Prosecutor and Assistant Secretaries of the

Department of &ustice.

0. Solicitor (eneral and Assistant Solicitor (eneral1. (o9ernment Corporate Counsel+ Deputy and Assistant (o9ernment Corporate Counsel

2. Chairmen and embers of the Constitutional Commissions

4. 'mbudsman+ the '9erall Deputy 'mbudsman+ the Deputy 'mbudsman and theSpecial Prosecutor of the 'ffice of the 'mbudsman

5. 6eads of !o9ernment a!encies e>ercisin! ;uasi<:udicial function.

,I. )ncumbent deans+ bar re9iews and Professors of law who ha9e teachin! e>perience for at least ten #,I$ years in accredited law schools.

,,. Chancellor+ ice<Chancellor and members of the Corps of Professors and Professional

Lectures of the Philippine &udicial Academy.

,-. (o9ernors and ayors. 8ule 6, Sec +=

O!"er Par!#es Ee$9!e& fro$ !"e (CLE

,$ Those who are not in law practice+ pri9ate or public

-$ Those who ha9e retired from law practice with the appro9al of the )*P *oard of (o9ernors. 8ule 6, Sec. ;=

Goo& Cause for Ee$9!#o% fro$ or (o&#f#ca!#o% of Re?u#re$e%!

A member may file a 9erified re;uest settin! forth !ood cause for e>emption #such as physical

disability+ illness+ post !raduate study abroad+ pro9en e>pertise in law+ etc.$ from compliancewith or modification of any of the re;uirements+ includin! an e>tension of time or

modification to be established by the CL" Committee. 8ule 6, Sec. =

."a! Co%s!#!u!es No%4Co$9#a%ce

,. Failure to complete the education re;uirement within the compliance period.

-. Failure to pro9ide documentation of compliance or e>emption.

. Failure to pro9ide satisfactory e9idence of compliance./. Failure to satisfy the educational re;uirement and furnish e9idence of such compliance

within 1I days from receipt of non<compliance notice.

0. Failure to pay non<compliance fee within the prescribed period.1. Any other act or omission analo!ous to the fore!oin!.

Co%se?ue%ces of No%4co$9#a%ce

,. Pay a non<compliance fee.-. A member who fails to comply with the re;uirements after the 1I days period shall be

listed as a delin;uent member of the )*P upon the recommendation of the CL"

Committee. The in9esti!ation shall be conducted by the Commission on *ar Discipline.

. embership fee shall continue to accrue.

Re#%s!a!e$e%!

The in9oluntary listin! as a delin;uent member shall be terminated upon proof of

compliance with the CL" re;uirement+ includin! payment of non<compliance fee.



The termination of listin! as a delin;uent member is administrati9e in nature and it

shall be made by the CL" Committee.

CA545 D. H9S9 CA5545S SHA33 APP36 4 3A;697S +5 G4-975095

S97-+C9 +5 H9 =+SCHA7G9 4> H9+7 4>>+C+A3 AS@S.

Nor$s of Co%&uc! Of Pu=#c Off#cers

,. Commitment to public interest.

-. Professionalism.

. &ustness and sincerely/. Political neutrality.

0. Responsi9eness to the public.1. %ationalism and patriotism.

2. Commitment to democracy.4. Simple li9in! *Sec. @ ) A6+

D.1 $e priary duty of a layer engaged in public prosecution is not to convict but to

see t$at ustice is done. $e suppression of facts or t$e concealent of itness

capable of establis$ing t$e innocence of t$e accused is $ig$ly repre$ensible and is

cause for disciplinary action.

Du!/ of !"e Pu=#c Prosecu!or

A public prosecutor owes the State and the courts the pertinent facts at his disposal+with methodical attention filin! up the !aps and loopholes in e9idence to the end thatthe court@s mind may not be tortured by doubts+ the innocent may not suffer and the

!uilty may not escape punishment.

Du!/ of Pr#1a!e Prosecu!or

A pri9ate prosecutor may inter9ene in the prosecution of a criminal action when the

offended party is entitled to indemnity and has not wai9ed e>pressly+ reser9ed or instituted the ci9il action for dama!es. There is nothin! ob:ectionable in allowin! a

pri9ate prosecutor to participate in the proceedin!s+ as lon! as the public prosecutor is

always present at e9ery hearin!+ retains control thereof+ and without allowin! the trial

in the hands of a pri9ate prosecutor to de!enerate into a pri9ate prosecution. A pri9ate prosecutor@s participation must be under the direction and control of the

public prosecutor after issuance of a written authority from the chief of the prosecution

office as pro9ided under ule ++< of the ules of $ourt.

D.2 A layer in t$e governent service s$all not use $is public position to proote or

advance $is private interests( nor allo t$e latter to interfere it$ $is public duties.



D.! A layer s$all not( after leaving governent service( accept engageent or

eployent in connection it$ any atter in $ic$ $e $ad intervened in said

service.

Per!#%e%! S!a!u!or/ Pro1#s#o%s7

A. Sec. E &/' and &C'( 7A DE1! – Code of Conduct and 9t$ical Standards for Public

4fficials and 9ployees

Prohibits officials from doin! any of the followin! actsB

,. 'wn+ control+ mana!e or accept employment as officer+ employee+ consultant+ counsel+

bro=er+ a!ent+ trustee or nominee in any pri9ate enterprise re!ulated+ super9ised or

licensed by their office unless e>pressly allowed by law3-. "n!a!e in the pri9ate practice of their profession unless authori?ed by the Constitution

or law+ pro9ided that such practice will not conflict or tend to conflict with their

official functions3

. Recommend any person to any position in a pri9ate enterprise which has a re!ular or pendin! official transaction with their office3

/. Ese or di9ul!e confidential or classified information officially =nown to them byreason of their office and not a9ailable to the public either to further their pri9ate

interests+ or !i9e undue ad9anta!e to anyone+ or to pre:udice the public interest.

/. Section ! &='( 7A !1F( Anti#graft and Corrupt Practices act

Corrupt Practices of Public 4fficers

:&; Acceptin! or ha9in! any member of his family accept employment in a pri9ateenterprise which had pendin! official business with him durin! the pendency thereof or

within one year after termination.

C. Section 1( 7A F1# 3a on 7etireent of Budges and Bustices provides t$at8

7)t is a condition of the pension pro9ided herein that no retirin! :ustice or :ud!e of a

court of record or city or municipal :ud!e durin! the time that he is recei9in! said pension shall appear as counsel in any court in any ci9il case wherein the (o9ernment

or any subdi9ision or instrumentality thereof is the ad9erse party or in any criminal

case wherein an officer or employee of the (o9ernment is accused of an offense

committed in relation to his office+ or collect any fee for his appearance in anyadministrati9e proceedin!s. > > >8

Res!r#c!#o%s Aga#%s! Go1er%$e%! La/ers ."o Lef! !"e Ser1#ce

General 7ule8 Practice of Profession immediately after lea9in! public ser9ice is allowed.

9:ceptions8 )n connection with any matter before the office the lawyer used to be with+sub:ect to the followin!B

,. )f he had not inter9ened therein+ the one year prohibition applies but

-. )f he has inter9ened therein+ prohibition is perpetual under Canon 1+ Rule 1.I.



THE LA.,ER AND THE LEGAL PROFESSION

La/ers Du!#es To T"e Lega Profess#o%

,. Ephold the integrity and dignity of the le!al profession and support the )*P.

-. *e courteous+ fail and fran= to brother lawyers.. %ot to assist in the unauthori?ed practice of law.

/. %ot to encroach upon the employment of another lawyer.

CA545 E. A 3A;697 SHA33 A A33 +09S <PH43= H9 +59G7+6 A5=

=+G5+6 4> H9 39GA3 P74>9SS+45( A5= S<PP4 H9 AC+-++9S 4> H9

+59G7A9= /A7.

E.1 o be anserable for noingly aing a false stateent or suppressing a aterial

fact in connection it$ $is application for adission to t$e bar.

Co%se?ue%ces of (a#%g A Fase S!a!e$e%! Or Su99ress#o% of A (a!er#a Fac!

,. )f disco9ered before the candidate could ta=e the bar e>aminations+ he will be denied permission to ta=e the e>aminations.

-. )f disco9ered after the candidate had passed the e>aminations but before ha9in! ta=en

his oath+ he will not be allowed to ta=e his oath as a lawyer.

. )f the disco9ery was made after the candidate had ta=en his oath as a lawyer+ his namewill be stric=en out from the Roll of Attorneys.

A declaration in the application to ta=e the bar that one is 7sin!le8 when+ infact+ one had contracted marria!e prior to the application is in 9iolation of Rule 2.I, e9en

if the marria!e+ in the belief of the applicant+ is 9oid ab initio and is awaitin! :udicial

declaration of nullity. #ReB ,545 "lections of the )nte!rated *ar of the Philippines+ *ar atter %o. /5,+ 'ctober 1+ ,545$

E.2 A layer s$all not support application for adission to t$e bar of any person non to

$i to be unualified in respect to c$aracter( education( or ot$er relevant attribute.

E.! A layer s$all not engage in conduct t$at adversely reflects on $is fitness to practice

la( nor s$all $e( $et$er in public or private life( be$ave in a scandalous anner to t$e

discredit of t$e legal profession.

A lawyer must a9oid scandalous conduct. 6e is not only re;uired to refrain from

adulterous relationships or the =eepin! of mistress but must also beha9e himself as toa9oid scandali?in! the public by creatin! the belief that he is floutin! those moral

standards. #Tolosa 9s. Car!o+ ,2, SCRA -,$



CA545 ). A 3A;697 SHA33 C45=<C H+0S93= ;+H C4<79S6( >A+759SS

A5= CA5=47 4;A7= H+S P74>9SS+45A3 C4339AG<9S( A5= SHA33 A-4+=

HA7ASS+5G AC+CS AGA+S5 4PP4S+5G C4<5S93.

Canon 4 of the Code of Professional Responsibility admonishes lawyers to conductthemsel9es with courtesy+ fairness and candor toward their fellow lawyers. Lawyers

are duty bound to uphold the di!nity of the le!al profession. They must act honorably+

fairly and candidly toward each other and otherwise conduct themsel9es withoutreproach at all times. #Antonio A. Alcantara s. Atty. ariano Pefianco3 A.C. %o.

054+ December + -II-$

).1 5ot to use language $ic$ is abusive( offensive or ot$erise iproper in $is

professional dealings.

ant of intention is not an e>cuse for the disrespectful lan!ua!e used.

hen the use of stron! lan!ua!e has been impelled by the same lan!ua!e used by the&ud!e the lawyer cannot be blamed.

).2 5ot to directly or indirectly( encroac$ upon t$e professional eployent of

anot$er layer? $oever( it is t$e rig$t of any layer it$out fear or favor( to give

proper advise and assistance to t$ose seeing relief against unfait$ful or neglectful

counsel.

*efore ta=in! o9er a case handled by a peer in the *ar+ a lawyer is en:oined to obtain

the conformity of the counsel whom he would substitute. And if this cannot be had+then he should+ at the 9ery least+ !i9e notice to such lawyer of the contemplated

substitution. #)n ReB Clemente . Soriano+ (R %o. L<-/,,/+ &une I+ ,52I$

CA545 F. A 3A;697 SHA33 54( =+79C36 47 +5=+79C36( ASS+S +5 H9

<5A<H47+9= P7AC+C9 4> 3A;.

F.1 5ot to delegate to any unualified person t$e perforance of any tas $ic$ by la

ay only be perfored by a eber of t$e /ar in good standing.

PERSONS PROHIBITED FRO( BEING PARTNER OR ASSOCIATE,. Any person who is not a lawyer.

-. Any person who is disbarred.

. Any person who has been suspended from the practice of law./. Any person who is a forei!n lawyer+ unless licensed by the SC.

A si!nature in a pleadin! containin! the name of one neither a party nor an attorneydoes not comply with the rules+ e9en if the name of a licensed attorney is included.



A si!nature by a!ents amounts to a si!nin! by non<;ualified attorneys+ the office of

attorney bein! ori!inally one of a!ency. #E.S. 9s. %ey+ 4 Philippines ,/1$

F.2 A layer s$all not divide or stipulate to divide a fee for legal services it$ persons not

licensed to practice la? e:cept8

a. $ere t$ere is a pre#e:isting agreeent it$ a partner or associate t$at( upon t$e latter,s

deat$ oney s$all be paid over a reasonable period of tie to $is estate or to t$e persons

specified in t$e agreeent? or

b. $ere a layer undertaes to coplete unfinis$ed legal business of a deceased layer?

or

c. $ere a layer or la fir includes non#layer eployees in a retireent plan( even if

t$e plan is based in $ole or in part( of a profit#s$aring arrangeent.

THE LA.,ER AND THE COURTS

La/ers Du!#es To Cour!s

,. Candor+ fairness and !ood faith.

-. Respect.

. To assist in the administration of :ustice./. %ot to influence the court.

CA545 1. A 3A;697 4;9S CA5=47( >A+759SS A5= G44= >A+H 4 H9

C4<7.

1.1 A layer s$all not do any false$ood( nor consent to t$e doing of any in t$e Court? nor

s$all $e islead( or allo t$e Court be isled by any artifice.

So$e cases of Fase"oo&

,. Statin! in the Deed of Sale that property is free from all liens and encumbrances when

not so.-. "ncashin! chec= payable to a deceased cousin by si!nin! the latter@s name on the

chec=.

. Falsifyin! a power of attorney and used in collectin! the money due to the principal./. Alle!e in one pleadin! that the clients were mere lessees and in another pleadin! that

the same clients were owners.

0. Filin! false char!es on !roundless suits.1. Esin! in pleadin!s the )*P number of another lawyer.



2. Ensolicited appearances.

4. Ese of fictitious residence certificate.

1.2 5ot to noingly isuote or isrepresent t$e contents of a paper( t$e language or

t$e arguent of opposing counsel( or t$e te:t of a decision or aut$ority( or noingly cite

as la a provision already rendered inoperative by repeal or aendent( or asset as a fact t$at $ic$ $as not been proved.

Ignoratia legis non"excusat, )!norance encompasses not only substanti9e but also

procedural laws.

CA545 11. A 3A;697 SHA33 4/S97-9 A5= 0A+5A+5 H9 79SP9C =<9

4 H9 C4<7S A5= 4 B<=+C+A3 4>>+C97S A5= SH4<3= +5S+S 45

S+0+3A7 C45=<C /6 4H97S.

A lawyer who willfully disobeys a court order re;uirin! him to do somethin! maynot only be cited and punished for contempt but may also be disciplined as an

officer of the court. #Cui?on 9s. acalino+ Adm. Case %o. //+ I2KI2K-II/$

11.1 o appear in court properly attired.

11.2 o punctually appear at court $earings.

oral obli!ations+ performance of household chores+ and traffic problems are notsufficient reasons to e>cuse habitual tardiness+ althou!h in certain cases these may

be considered to miti!ate administrati9e liability.

*y bein! habitually tardy+ respondent fell short of the strin!ent standard of conductdemanded from e9eryone connected with the ci9il ser9ice+ specially the

administration of :ustice. #ReB 6abitual Tardiness incurred by Aliban! for the ,st

Semester of -II+ A.. %o. -II<,,<SC+ I1K,0K-II/$

11.! o abstain fro scandalous( offensive( or enacing language or be$avior before t$e

Courts.

11." 5ot to attribute to a Budge otives not supported by t$e record or $ave no

ateriality to t$e case.

11.% o subit grievances against a Budge to t$e proper aut$orities only.

)t is duty of both counsel and :ud!e to maintain+ not to destroy+ the hi!h esteem and

re!ard for courts.

Bas#s of Rea!#o%s Be!ee% Cou%se a%& Ju&ge



The relation between counsel and :ud!e should be based on mutual respect and on a deep

appreciation by one of the duties of the other. Thus+ counsel is e>pected to obser9e and

maintain respect due to the courts of :ustice and :udicial officers. The public duties of the attorney ta=e precedence o9er his pri9ate duties. 6is first duty

is to the courts. here duties to the court conflict with his duties to his clients+ the

latter must yield to the former. Criticisms of court must not spill the wall of decency. )ntemperate and unfair criticism

is a !ross 9iolation of the duty to respect the courts. )t amounts to misconduct which

sub:ects the lawyer to disciplinary action.

CA545 12. A 3A;697 SHA33 9*97 9-976 9>>47 A5= C45S+=97 + H+S

=<6 4 ASS+S +5 H9 SP99=6 A5= 9>>+C+95 A=0+5+S7A+45 4>

B<S+C9.

Du!/ of La/er !o Ass#s! #% !"e S9ee&/ A&$#%#s!ra!#o% of Jus!#ce

,. %ot to en!a!e in forum shoppin!.-. To be prepared durin! hearin!s.

. %ot to unduly delay a case.

Du!/ of La/er !o Ass#s! #% !"e Eff#c#e%! A&$#%#s!ra!#o% of Jus!#ce

,. )f e>tensions to file papers are necessary+ not to let the period e>pire without

e>planation.

-. To treat witnesses properly.

2<0 A a/er s"a %o! a99ear for !r#a u%ess "e "as a&e?ua!e/ 9re9are& "#$sef o%!"e a a%& !"e fac!s of "#s case5 !"e e1#&e%ce "e # a&&uce a%& !"e or&er of #!s

9roffere%ce< He s"ou& aso =e rea&/ #!" !"e or#g#%a &ocu$e%!s for co$9ar#so% #!"

!"e co9#es<

Respondent@s failure to present e9idence is a breach of Rule ,-.I, of the Code of

Professional Responsibility+ especially in the li!ht of the numerous postponements and

resettin!s he re;uested for and was !ranted with on the !round that he needed more time to prepare his e9idence. )neluctable conclusion that respondent could not present e9idence

because there really was none to :ustify his nonpayment. #da. De "spino 9s. Pres;uito+ A.C.

%o. /21-+ I1K-4K-II/$

2<02 A a/er s"a %o! f#e $u!#9e ac!#o%s ar#s#%g fro$ !"e sa$e cause<

F'RE S6'PP)%(There is forum shoppin! whene9er+ as a result of an ad9erse opinion in one forum or

in anticipation thereof+ a party see=s a fa9orable opinion in another forum+ throu!h means

other than by appeal or certiorari+ raisin! identical causes of action+ sub:ect matter+ and issues.



6ow CommittedB

,. (oin! from one court to another in the hope of securin! a fa9orable relief in one court

which another court has denied3-. Filin! repetitious suits or proceedin!s in different courts concernin! the same sub:ect

matter after one court has decided the suit with finality3 or

. Filin! a similar case in a :udicial court after recei9in! an unfa9orable :ud!ment froman administrati9e tribunal.

"ffect of Submission of False Certificate of %on<Compliance,. )t constitutes indirect contempt of court3

-. ithout pre:udice to the correspondin! administrati9e and criminal actions.

"ffects on illful and Deliberate Forum Shoppin!,. (round for summary dismissal without pre:udice3

-. Constitute indirect contempt3 and

. Cause for administrati9e sanctions.

,-.I %ot after obtainin! e>tensions of time to file pleadin!s+ memoranda or briefs+ let the

period lapse without submittin! the same or offerin! an e>planation for his failure to do so.

,-.I/ %ot to unduly delay a cause+ impede the e>ecution of a :ud!ment or misuse Court

processes.

,-.I0 To refrain from tal=in! to his witness durin! a brea= or recess in the trial+ while the

witness is still under e>amination.

,-.I1 %ot to =nowin!ly assist a witness to misrepresent himself or to impersonate another.

,-.I2 %ot to abuse+ browbeat or harass a witness nor needlessly incon9enience him.

,-.I4 A lawyer shall a9oid testifyin! in behalf of his client+ e>ceptB

a. 'n formal matters+ such as the mailin!+ authentication or custody of an instrument+ andthe li=e3 or

b. 'n substantial matters+ in cases where his testimony is essential to the ends of :ustice in

which e9ent he must+ durin! his testimony+ entrust the trial of the case to another counsel.

RationaleB The underlyin! reason for the impropriety of a lawyer actin! in such dual

capacity lies in the difference between the function of a witness and that of an ad9ocate. The

function of a witness is to tell the facts as he recalls them in answer to ;uestions. The functionof an ad9ocate is that of a partisan. )t is difficult to distin!uish between the ?eal of an ad9ocate

and the fairness and impartially of a disinterested witness. The lawyer will find it hard to

disassociate his relation to his client as an attorney and his relation to the party as a witness.The ;uestion is one of impropriety rather than of competency.



CA%'% , ) 2)E4? SF)22 ?24 0P93 TF? 1?ITS 9' FIS $)0S? )3

?')I3 '91 )34 I1P9PI?T4 EFI$F T?3S T9 I3'20?3$?, 9 GI>?S TF?

)PP?))3$? 9' I3'20?3$I3G TF? $90T.

,.I, ) lawyer shall not extend extraordinary attention or hospitality to, nor seeH

opportunity for cultivating familiarity with Cudges.

,.I- ) lawyer shall not maHe public statements in the media regarding a pending case

tending to arouse public opinion for or against a party.

,.I ) lawyer shall not brooH or invite interference by another branch or agency of the

government in the normal course of #udicial proceedings.

Pro"#=#!#o% !o Co$$u%#ca!e .#!" Ju&ge or Hear#%g Off#cer

General 7ule8 The lawyer has the correspondin! duty not to con9ey or permit others to

con9ey the impression that they are in a special position to influence the :ud!e.

9:ceptions8

< The lawyer may communicate with the :ud!e or hearin! officer in writin! by promptlydeli9erin! a copy of the writin! to opposin! counsel #or to the ad9erse party if not

represented by counsel$.

2< A lawyer may spea= to the :ud!e or hearin! officer re!ardin! a pendin! matter+ other than in the course of the proceedin! if ade;uate prior notice has been !i9en to the

opposin! party.

• A lawyer may CO((UNICATE with :ud!e or hearin! officer .ITHOUT

NOTICE to ad9erse party or counsel when communication is authori?ed in

connection with e> parte applications to the court.

THE LA.,ER AND THE CLIENT

LA.,ERS DUTIES TO CLIENT

< Ser9ice

2< Candor and fairness3< Loyalty

@< Safe!uard client@s property

< Fidelity

< Competence

< Dili!ence

8< Communication

< Geal



0< Reasonable fees

< Confidentiality

2< ithdrawal for !ood cause

RETAINER

•The act of a client by which he en!a!es an attorney to mana!e a cause+ either by prosecutin! it+ when he is plaintiff+ or defendin! it+ when he is defendant+ or otherwise to

ad9ise him as counsel. )t is a continuin! employment.

RETAINING FEE

• A preliminary fee !i9en to an attorney or counsel to secure his future ser9ices+ and induce

him to act for the client. Also =nown as 7etainer,s >ee.

SPECIAL RETAINER

• A contractor of employment between a client and attorney for a particular case or ser9ice

only. After the termination of the case or the rendition of the ser9ice+ the retainership isli=ewise ended.

DUAL ROLE OF A LA.,ER

< >iduciary or rustee. A lawyer holds in trust all the moneys and properties of his client

that may come into his possession. 6e+ li=ewise+ has the obli!ation to preser9e the

confidences and secrets of his client e9en after the attorney<client relation is terminated.

2< Agent. As an a!ent representin! the client the lawyer is authori?ed to appear in court for

his client+ as well as bind the client by any a!reement+ in relation to a case made+ in

writin!+ and in ta=in! appeals+ and in all matters of ordinary :udicial procedure.

ATTORNE,4CLIENT RELATIONSHIPThe nature of lawyer@s authority to represent a client is similar to that or an a!ent e>cept

that the lawyer is an officer of the court and thus re;uired to subordinate the interests of theclient to the administration of :ustice.

Ho Rea!#o%s"#9 Is Co%s!#!u!e&

< Throu!h mere consultation by the client3

2< *y contract3 and

3< *y implied a!reement

The Court held that a lawyer<client relationship was established from the 9ery first

moment complainant as=ed respondent for le!al ad9ice re!ardin! the former@s business. 8ominador P. 0rbe bs. )tty. )lberto $. 1agultaD ).1. 3o. 77"A@, Cune +<,;<<;=

E!e%! of Au!"or#!/ of A% A!!or%e/

< To recei9e service of pleadin!s+ summons decisions+ orders and other court processes3

2< To appear in court for and in behalf of the client3

3< To bind clients3



@< To control the incidents of trial3

< To negotiate with the opposite party3 and

< Enless replaced+ considered the attorney on appeal.

Rues Pro!ec!#%g A!!or%e/4C#e%! Rea!#o%s"#9s

< *est efforts must be e>erted by the lawyer to protect his client@s interests.2< The lawyer must promptly account for any refund or property entrusted by or recei9ed for

his client.

3< The lawyer cannot purchase his client@s property or interests in liti!ation.

@< The pri9acy of communications shall+ at all times+ be upheld.

< The lawyer cannot represent a party whose interest is ad9erse to that of his client e9en after

the termination of their relation.

CA545 1". A 3A;697 SHA33 54 79><S9 H+S S97-+C9S 4 H9 599=6

+@.<+ ) lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person.

+@.< ) lawyer may not refuse to accept representation of an indigent client unless:

a. Fe is in no position to carry out the worH effectively or competentlyDb. Fe labors under a conflict of interest between him and the prospective client or

between a present client and the prospective client.

%'T"B Correlate with Canon -+ Rule -.I,<-.I-+ CPR

• This rule is applicable only in criminal cases. )n criminal cases+ a lawyer cannot

decline to represent an accused or respondent because of his opinion that the said

person is !uilty of the char!e or char!es filed a!ainst him. )n representin! the accused

or respondent+ the lawyer must only use means which are fair and honorable.

R#g"! of A La/er To Refuse E$9o/$e%!

General 7ule8 A lawyer is not obli!ed to act as le!al counsel for any person who may wish to

become his client.

Ece9!#o%s7

< A lawyer shall not refuse his ser9ices to the needy.2< 6e shall not decline to represent a person solely on account of the latter@s race+ se>+ creed

or status of life or because of his own opinion re!ardin! the !uilt of said person.

3< 6e shall not decline+ e>cept for serious and sufficient cause li=eB

a< )f he is not in a position to carry out the wor= effecti9ely or competently3

=< )f he labors under a conflict of interest between him and the prospecti9e client or

between a present and prospecti9e client.



1".2 A layer s$all not decline( e:cept for serious and sufficient cause( an appointent as

counsel de oficio or as aicus curiae( or a reuest fro t$e +ntegrated /ar of t$e

P$ilippines or any of its c$apters for rendition of free legal aid.

."o (a/ Be A99o#%!e& Cou%se De Off#c#o

,. ember of the *ar in !ood standin!3 or -. Any person+ resident of the pro9ince and of !ood repute for probity and ability in

localities without lawyers.

A counsel de officio may also be appointed e9en if the party is able to ha9e one #as in

the case of "rap$ so that due process may be properly obser9ed and if it is necessary to

secure the ends of :ustice and to protect the ri!hts of the party.

)t is the duty of a counsel de officio to render effecti9e ser9ice and to e>ert his best

efforts in behalf of an indi!ent accused.

I%s!a%ces of Ser#ous A%& Suff#c#e%! Causes For Refusa To Re%&er Ser1#ce As A La/er,. hen the filin! of the case would result in multiple actions arisin! from the same

cause.-. hen the criminal char!e to be filed is unfounded and is presented merely to obtain an

improper ad9anta!e in any cause or proceedin!.

. hen the client insists that the lawyer pursues conduct which is 9iolati9e of the Codeof Professional Responsibility.

/. hen en!a!ed as a collaboratin! counsel and the lawyer@s inability to wor= with co<

counsel will not promote the best interest of the client.0. hen the mental or physical condition of the lawyer renders it difficult for him to

carry out the employment effecti9ely.

1. hen the representation would+ directly or indirectly+ encroach upon the professionalemployment of another lawyer.

+@.<@ In accepting the cause of a person unable to pay his professional fees, he shall

observe the same standard of conduct governing his relations with paying clients.

CA545 1%. A 3A;697 SHA33 4/S97-9 CA5=47( >A+759SS A5= 346A36 +5

A33 H+S =9A3+5GS A5= 7A5SAC+45S ;+H H+S C3+95.

+5.<+ In conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall

forthwith inform the prospective client.

+5.< 3ot to represent conflicting interests except by written consent of all concerned given

after a full disclosure of the facts.

Rues o% Co%f#c! Of I%!eres!



General 7ule8 )t is the lawyer@s duty not to represent conflictin! interest.

9:ception8 hen there is a written consent of all concerned and consent is !i9en after a full

disclosure of the facts.

T/9es of #%&s of Co%f#c! of I%!eres!

,. *etween the lawyer and a prospecti9e client.-. *etween the lawyer and a present client

. *etween a present client and a prospecti9e client

/. *etween a present client and another present client0. *etween a former client and the lawyer+ a present or prospecti9e client

1. Conflict of interest in9ol9in! former !o9ernment lawyers

Tes!s !o De!er$#%e Co%f#c!#%g I%!eres!

< Co%f#c!#%g Du!#es7

ill the attorney be re;uired to contest for that which his duty to another client re;uires

him to opposeO

2< I%1#!a!#o% of Sus9#c#o%7ill the acceptance of a new relation in9ite suspicion andKor actually lead to

unfaithfulness or double<dealin! towards another clientO

3< Use of Pr#or %oe&ge O=!a#%e&7

ill the attorney be called upon in his new relation to use a!ainst his former client any

=nowled!e ac;uired in the pre9ious employmentO

The Court found !uilty the respondent on the reason that while he is actin! as

complainant@s counsel+ the former prepared the Answer to the Amended Complaint of theother party from which the complainant filed an action. 82olita )rte(uela vs. )tty. icarte

B. 1adera(oD ).$ 3o. @5@, )pril ;;, ;<<;.=

+5.<; To be bound by the rule on privileged communication in respect of matters disclosureto him by a prospective client.

%'T"B Correlate with Canon -,+ CPR

Rue o% Pr#1#ege& Co$$u%#ca!#o%

General 7ule8 A lawyer may in9o=e pri9ile!e communication to refuse re9ealin! his clientsconfidences and secrets confided to him by such client in the course of professional

employment.

Ece9!#o%s7,. hen authori?ed by the client3

-. hen re;uired by law3

. hen necessary to defend the lawyer+ his employees or associates3/. hen re;uired by :udicial action3 and

0. The announcement intention of a client to commit a crime is not included within the

confidences which a lawyer is bound to respect.



Re?u#s#!es7

,. ">istence of attorney and client relationship3

-. The communication must be made by the client to the lawyer3. The communication must be made in confidence3

/. The communication must be in the course of professional employment3

0. Consent of the client to a disclosure is withheld3 and1. The communication must be for a lawful purpose or in furtherance of a lawful end.

+5.<@ Eith the written consent of all concerned, to act as mediator, conciliator or arbitrator in setting disputes.

+5.<5 ) lawyer, to give a candid and honest opinion on the merits and probable results of the

clients case when advising his client, neither overstating nor understating the prospects of thecase.

+5.<A 3ot to state or imply that he is able to influence any public official, tribunal or

legislative body.

+5.<6 To impress upon his client compliance with the laws and the principles of fairness.

+5.<- ) lawyer who is engaged in another profession or occupation concurrently with the

practice of law shall maHe clear to his client whether he is acting as a lawyer or in another

capacity.

CA545 1D. A 3A;697 SHA33 H43= +5 7<S A33 04596S A5= P74P97+9S

4> H+S C3+95 HA 0A6 C409 +54 H+S P4SS9SS+45.

,1.I, To account for all money or property collected or received for or from the client.

+A.<; To Heep the funds of each client separate and apart from his own and those of other,

Hept by him.

+A.< To deliver the funds and property of his client when due or upon demand. Fowever, 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. Fe shall

also have a lien to the same extent on all #udgments and executions he has secured for hisclient as provided for in the ules of $ourt.

+A.<@ 3ot to borrow money from his client unless the clients interests are fully protected bythe nature of the case or by independent advice. 3either shall a lawyer lend money to a client

except, when in the interest of #ustice, he has to advance necessary expenses in a legal mater

he is handling for the client.



The Court ruled that in failin! to apply to the filin! fee the amount !i9en by the

complainant J as e9idenced by the receipt issued by the law office of respondent J thelater also 9iolated the rule that lawyers must be scrupulously careful in handlin! money

entrusted to them in their professional capacity. 8ominador P. 0rbe vs. )tty. )lberto $.

1agultaD ).1. 3o. 77"A@, Cune +<, ;<<;=

ATTORNE,S LIEN

• The ri!ht of a lawyer to lawfully withhold his client@s property #funds or documents$ that

lawfully comes to his possession+ until payment of attorney@s fees.

L#$#!a!#o%s o% Eerc#se Of A!!or%e/s L#e%

,. The funds retained should ha9e lawfully come into the possession of the lawyer under

circumstances consistent with the enforcement of a lien for ser9ices.-. There is authority to the effect that a lawyer could not retain files that the client needs to

pursue his case.

#%&s Of A!!or%e/s L#e%,. Retainin!+ (eneral or Possessory Lien

-. Char!in!+ Special+ Particular or %on<Possessory Lien

Re!a#%#%g L#e% - The ri!ht of the lawyer to =eep the client@s funds+ documents+ and papers

that has lawfully come to his possession until payment of his lawful fees.

C"arg#%g Fee - a char!in! fee is one char!ed a!ainst :ud!ment for the payment of moneyand e>ecutions+ issued in pursuance of such :ud!ments only for security purposes+ to effect

payment of an a!reed le!al fee. )t is the same as a c$arging lien.

Retainin! Fee Retainin! Lien

A fee paid or a!reed to be paid to a lawyer+whose le!al ser9ices are bein! retained by

a client

The protection of such fee throu!hretention of funds+ documents and papers in

possession of the lawyer.

R"TA)%)%( L)"% C6AR()%( L)"%

,. 3ature

Passi9e lien3 it cannot be acti9ely enforced.

)t is !eneral lien.

Acti9e lien3 it can be enforced by

e>ecution. )t is a special lien.

-. Basis

Lawful possession of papers+ documents+

property belon!in! to the client

Securin! of a fa9orable :ud!ment for the

client

. $overageCo9ers only papers+ documents and

properties in the lawful possession of the

attorney by reason of his professionalemployment.

Co9ers all :ud!ment for the payment of

money and e>ecution issued in pursuance

of such :ud!ment.

/. ?ffect

As soon as the attorney !ets possession of

the papers+ documents or property

As soon as the claim for attorney@s fees has

been entered into the records of the case.



0. 3otice

Client need not be notified to ma=e it

effecti9e.

Client and ad9erse party must be notified to

ma=e it effecti9e.

1. )pplicability

ay be e>ercised before :ud!ment or

e>ecution or re!ardless thereof.

(enerally+ is e>ercisable only when the

attorney had already secured a fa9orable :ud!ment for his client.

6. ?xtinguishment

hen possession lawfully ends when

lawyer 9oluntarily parts with funds+documents+ and papers of client or offers

them as e9idence.

hen client loses action+ as lien may only

be enforced a!ainst :ud!ment awarded infa9or of client+ proceeds thereof e>ecuted

thereon.

Re?u#s#!es of C"arg#%g L#e%

,. ">istence of a Client<Lawyer relationship.-. Fa9orable :ud!ment secured by the counsel for his client+ which is a money :ud!ment.

. The attorney has a claim for attorney@s fees or ad9ances./. %otin! into the records of the case+ throu!h the filin! of an appropriate motion+ of the

statement of the lawyer@s claim for attorney@s fees with copies furnished to the client andad9erse party.

L#$#!a!#o%s o% !"e Eerc#se of C"arg#%g L#e%

,. The lien is only to the e>tent of collectin! the attorney@s fees upon the action in which the

char!in! lien is recorded. )t does not e>tend to the protection of attorney@s fees in other cases.

-. The e>ercise of the lien is limited only in fa9orable :ud!ments for the payment of money

secured by the lawyer for the client and in the pursuance of such :ud!ments. The lien maynot be e>ercised upon :ud!ments in9ol9in! property.

CA545 1E. A 3A;697 4;9S >+=93+6 4 H9 CA<S9 4> H+S C3+95 A5= H9

SHA33 /9 0+5=><3 4> H9 7<S A5= C45>+=95C9 79P4S9= +5 H+0.

CA545 1). A 3A;697 SHA33 S97-9 H+S C3+95 ;+H C40P995C9 A5=

=+3+G95C9.

The client is bound by the acts of his counsel+ e9en his mista=e and ne!li!ence.8 )n

Producers *an= of the Philippines 9s. Court of Appeals+ we held that 7liti!ants+represented by counsel+ should not e>pect that all they need to do is sit bac=+ rela> and

wait the outcome of their case.88Tan vs. Tan, G.. 3o. +-<5, <A;7;<<@=.

Rule ,4.I, of the Code is clear. A lawyer shall not underta=e a le!al ser9ice that he is not

;ualified to render. Rule ,4.I- of the Code pro9ides that a lawyer shall not handle any



le!al matter without ade;uate preparation. 6e has the duty to prepare for trial with

dili!ence and deliberate speed. Rule ,4.I of the Code also pro9ides that a lawyer shall

not ne!lect a le!al matter entrusted to him and his ne!li!ence shall render him liable. Acompromise or withdrawal of char!es does not terminate an administrati9e complaint

a!ainst a lawyer+ especially in this misconduct. 8Parinas vs Paguinto, ).$. 3o. A;76, Culy

+, ;<<@=

%o lawyer is obli!ed to act either as ad9iser or ad9ocate for e9ery person who may wish to

become his client. 6owe9er+ once he a!rees to ta=e up the cause of client+ the lawyer owesfidelity to such cause and may always be mindful of the trust and confidence reposed in

him. #$ui(on vs. 1acalino, )dm. $ase 3o. @;;@, Culy 6, ;<<@=.

+-.<+ 3ot to undertaHe a legal service which he Hnows or should Hnow that he is not

!ualified to render. Fowever, he may render such service if, with the consent of his client, he

can obtain as collaborating counsel a lawyer who is competent on the matter.

A lawyer cannot as= another lawyer to collaborate with him in a particular case without

the consent of the client. The fiduciary nature of attorney<client relationship prohibitsthis.

+-.<; 3ot to handle any legal matter without ade!uate preparation.

+-.< 3ot to neglect a legal matter entrusted to him and his negligence in connection

therewith shall render him liable.

Effec! Of Neg#ge%ce Of La/er To H#s C#e%!

General 7ule8 ista=es or ne!li!ence of a lawyer is bindin! upon the client. 9:ceptions8

,. here adherence thereto results+ in outri!ht depri9ation of client@s liberty or property or

where interest of :ustice so re;uires.

-. here error by counsel is purely technical which does not affect substantially the client@scause

. )!norance+ incompetence or ine>perience of lawyer is so !reat and error is so serious that

the client+ who has found cause+ was pre:udiced and denied a day in court./. (ross ne!li!ence of lawyer

0. Lac= of ac;uaintance with the technical part of procedure.

A lawyer has no authority to wai9e his client@s ri!ht to appeal. 6is failure to perfect anappeal within the prescribed period constitutes ne!li!ence and malpractice.

+-.<@ To Heep client informed of the status of his case and shall respond within a reasonabletime to the clients re!uest for information.

The relationship of lawyer<client bein! one of confidence+ there is e9er present the need for

the client to be ade;uately and fully informed of the de9elopments of the case and should



not be left in the dar= as to mode and manner in which his interests are bein! defended. )t

is only thus that the trust and faith in the counsel may remain unimpaired.

CA545 1F. A 3A;697 SHA33 79P79S95 H+S C3+95 ;+H 9A3 ;+H+5

H9 /4<5=S 4> H9 3A;.

+7.<+ To employ only fair and honest means to attain the lawful ob#ectives of his client and

shall not present, participate in presenting or threaten to present unfounded criminal charges

to obtain an improper advantage in any case or proceeding.

+7.<; ) lawyer who has received information that his client has, in the course of the

representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the

client to rectify the same, and failing which he shall terminate the relationship with such

client in accordance with the ules if $ourt.

+7.< 3ot to allow his client to dictate the procedure in handling the case.

CA545 2. A 3A;697 SHA33 CHA7G9 4536 >A+7 A5= 79AS45A/39 >99S.

Courts ha9e the power to determine their reasonableness based on !uantum meruit and

to reduce the amount thereof if e>cessi9e. 83ew Sampaguita Builders $onstruction Inc, et al.

vs. Philippine 3ational BanH, G. . 3o. +@-65 <6<;<<@$.

2.1 o be guided by t$e folloing factors in deterining $is fees8

a. $e tie spent and t$e e:tent of t$e services rendered or reuired?

b. $e novelty and difficulty and difficulty of t$e uestions involved?

c. $e iportance of t$e subect atter?

d. $e sill deanded?

e. $e probability of losing ot$er eployent as a result of acceptance of t$e

proffered case?

f. $e custoary c$arges for siilar services and t$e sc$edule of fees of +/P

c$apter to $ic$ $e belongs?

g. $e aount involved in t$e controversy and t$e benefits resulting to t$e

client fro t$e service?

$. $e contingency or certainty of copensation?

i. $e c$aracter of t$e eployent( $et$er occasional or establis$ed? and

. $e professional standing of t$e layer.

2.2. o be entitled to a division of fees in proportion to t$e or perfored and



responsibility assued in cases of referral it$ t$e consent of t$e client.

2.! 5ot accept any fee( reard( costs( coission( interests( rebate or forarding

alloance or ot$er copensation $atsoever related to $is professional

eployent fro anyone ot$er t$an t$e client it$out t$e full noledge and

consent of t$e client.

2." A layer s$all avoid controversies it$ clients concerning $is copensation and

s$all resort to udicial action only to prevent iposition( inustice or fraud.

ith re!ard to professional fees+ the proper time to deal with this delicate issue is

upon the commencement of the lawyer<client relationship. A lawyer is entitled to

the protection of the courts a!ainst any attempt on the part of the client to escape payment of le!itimate attorney@s fees. 6owe9er+ such protection must be sou!ht

at the e>pense of truth. 8Silva >da. e 'a#ardo vs. Buganing, ).$. no. 5++,

9ctober 6, ;<<@=

."e% Cou%se Ca%%o! Reco1er Fu A$ou%! Des9#!e .r#!!e% Co%!rac! For

A!!or%e/s Fees

,. hen the ser9ice called for was not performed as when the lawyer withdrew

before the case is finished. 6e will be allowed only reasonable fees.

-. hen there is a :ustified dismissal of the attorney+ the contract will be nullified and payment will be on the basis of ;uantum meruit only. A contrary stipulation will be

in9alid.

. hen the stipulated attorney@s fees are unconscionable J that is+ when they are so

disproportionate compared to the 9alue of ser9ices rendered and is re9oltin! to humanconscience.

/. hen the stipulated attorney@s fees are e>cess of what is e>pressly fi>ed by law.

0. hen the lawyer is !uilty of fraud or bad faith toward his client in the matter of hisemployment.

1. hen the counsel@s ser9ices were worthless because of his ne!li!ence.

2. hen the contract is ille!al+ a!ainst morals or public policy.4. Ser9in! ad9erse interest unless lawyer pro9es he acted with the consent of both parties.

#%&s of A!!or%e/s Fees Arra%ge$e%!

,. 6ourly rate-. Fi>ed cash fee

. Contin!ent fee

/. Acceptance cash fee plus contin!ent fee0. (eneral retainer fee

1. Special retainer fee

Co%!#%ge%! Fee - A fee+ usually a fi>ed percenta!e of what may be reco9ered in the action+ is

made to depend upon the success of the liti!ation.

ua%!u$ (eru#!



• The term literally means 7as much as he has deser9ed+ considerin! the reasonable 9alue of

the lawyer@s ser9ices.8

."e% A!!or%e/s Fees Are Aar&e& O% a ua%!u$ (eru#! Bas#s

< here the fees stipulated appear e>cessi9e+ unconscionable and unreasonable.

2< here a lawyer withdraws with :ustifiable cause+ he may be allowed to reco9er thereasonable 9alue of ser9ices already rendered.

3< here there is no e>press contract.

@< here the contract of employment is 9oid because of some irre!ularity in its e>ecution or as to purely formal matters.

< There is an a!reement to pay attorney@s fees but the amount has not been a!reed upon.

A!!or%e/s Fees ."ere C#e%! .#!"&ras

)f the contract between client and attorney has been reduced into writin! and the dismissal of

the attorney was without :ustifiable cause+ he shall be entitled to reco9er from the client the

full compensation stipulated in the contract.

A!!or%e/s Fees ."ere Cou%se .#!"&ras

here an attorney withdraws he should be entitled to reco9ery on a ;uantum meruit basis. )f

the withdrawal is un:ustified+ attorney@s fees may be forfeited.

Ra!#o%ae for Ao#%g Co%!#%ge%! Fee Co%!rac!s

A contin!ent fee contract is often the only way by which the poor and helpless can ha9e their

ri!hts 9indicated and upheld. Contract for contin!ent fee is not prohibited by Art. ,/5, of the

%ew Ci9il Code and Canon , of the Canons of Professional "thics.

Re?u#s#!es for Co%!#%ge%! Fee Arra%ge$e%!s< )n writin!3

2< State the method for computin! the fee+ whether on a fi>ed or percenta!e basis3

3< )f on a percenta!e basis+ identify the e>penses to be deducted from the reco9ery+ and

whether they are deducted before or after lawyer@s percenta!e is collected3

@< *e followed up after the case with a written statement accountin! for disposition of the

reco9ery3 and

< )f to be paid despite amicable settlement+ state how much.

CHA(PERTOUS CONTRACT

•

'ne whereby the attorney a!rees to prosecute suits at his own e>pense for the reco9ery of thin!s or property belon!in! to or claimed by the client+ the latter a!reein! to pay theformer a portion of the thin! or property reco9ered as compensation.

• C$apertous contracts are pro$ibited because they are a!ainst public policy and the

ethics of the profession. The lawyer becomes a party liti!ant instead of an ad9ocate for a

client. This is so because of his personal interest in the property resultin! from the

champertous contract.



CHA(PERTOUS CONTRACTS CONTINGENT FEE

• The lawyer underta=es to bear all

e>penses incidental to the liti!ation

• %ot

• Payable only in =ind+ out of the

properties reco9ered

• ay be paid in cash

• oid as a!ainst public policy and

Professional "thics

• alid

I%s!a%ces ."e% A La/er (a/ D#1#&e A Fee for Lega Ser1#ces .#!" Perso%s No!

L#ce%se& !o Prac!#ce La

,. here there is a pre<e>istin! a!reement with a partner or associate that upon the latter@sdeath+ money shall be paid o9er a reasonable period of time to his estate or to the persons

specified in the a!reement.

-. here a lawyer underta=es to complete the unfinished le!al business of a deceasedlawyer.

. here a lawyer or law firm includes no<lawyer employees in retirement plan+ e9en if the plan is based in whole or in part+ on the profit sharin! a!reement. *See ule 7.<;,$P

."e% A% I%&e9e%&e%! C#1# Ac!#o% !o Reco1er A!!or%e/s Fees #s Necessar/7

,. The main action is dismissed or nothin! is awarded.-. The court had decide that it has no :urisdiction o9er the main liti!ation or has already lost

it.

. The person liable for attorney@s fees is not a party to the main action.

/. The court reser9ed to the lawyer the ri!ht To file a separate ci9il suit for reco9ery of attorney@s fees.

0. The sub:ect ser9ices are not connected with the sub:ect liti!ation

1. The :ud!ment debtor has fully paid all of the :ud!ment proceeds to the :ud!ment creditor and the lawyer has not ta=en any le!al step to ha9e his fees paid directly to him from the

:ud!ment proceeds.

Assu$9s#! - the action filed by a lawyer a!ainst his client for collection of attorney@s fees

RULE OF ACCEPTANCE OF FEES

Ge%era Rue7 A lawyer shall accept fees only from client.

Ee$9!#o%s7 A lawyer may with the full =nowled!e and consent of the client+ accept any fee+

reward+ costs+ commission interest+ rebate or forwardin! allowance or other compensationwhatsoe9er related to his professional employment from any one other than his client.

CA545 21. A 3A;697 SHA33 P79S97-9 H9 C45>+=95C9S A5= S9C79S 4>

H+S C3+95 9-95 A>97 H9 A47596#C3+95 793A+45 +S 970+5A9=.

Ra!#o%ae7 To encoura!e client to tell all about the facts of the case.



An attorney cannot+ without the consent of his client+ be e>amined as to any communication

made by the client to him+ or his ad9ice !i9en thereon . in the course of professional

employment3 nor can an attorney@s secretary+ steno!rapher+ or cler= be e>amined+ without theconsent of the client and his employees+ concernin! any fact the =nowled!e of which has

been ac;uired in such capacity.M Rule ,I+ sec. -,#b$ Rules of CourtN

•

The mere establishment of a client<lawyer relationship does not raise a presumptionof confidentiality. There must be intent or that the communication relayed by theclient to the lawyer be treated as confidential.

2< No! !o re1ea !"e co%f#&e%ces or secre!s of "#s c#e%! ece9!7

a< ."e% au!"or#>e& =/ !"e c#e%! af!er ac?ua#%!#%g "#$ of !"e co%se?ue%ces of

!"e &#scosure7

=< "e% re?u#re& =/ aK

c< ."e% %ecessar/ !o coec! "#s fees or !o &efe%& "#$sef5 "#s e$9o/ees or assoc#a!es

or =/ u&#c#a ac!#o%<

• 'bli!ation to =eep secrets co9ers only lawful purposes and does NOT INCLUDE7

,. Announcements of intention of a client to commit a crime.-. Client :umped bail and lawyer =nows his whereabouts3 or client is li9in!somewhere under an assumed name.

. Communication in9ol9es the commission of future fraud or crime but

crimesKfrauds already committed falls within the pri9ile!e.

2<2 No! !o use #%for$a!#o% ac?u#re& #% !"e course of e$9o/$e%! !o !"e &#sa&1a%!age

of "#s c#e%! %or s"a "e use !"e sa$e !o "#s o% a&1a%!age or !"a! of a !"#r&

9erso%5 u%ess !"e c#e%! #!" !"e fu %oe&ge of !"e c#rcu$s!a%ces co%se%!s

!"ere!o<

2<3 Nor !o g#1e #%for$a!#o% fro$ "#s f#es !o a% ou!s#&e age%c/ see#%g suc"

#%for$a!#o% for au&#!#%g5 s!a!#s!#ca5 =ooee9#%g 5 accou%!#%g5 &a!a 9rocess#%gor a%/ s#$#ar 9ur9oses #!"ou! !"e r#!!e% co%se%! of "#s c#e%!<

2<@ (a/ &#scose !"e affa#rs of a c#e%! of !"e f#r$ !o 9ar!%ers or assoc#a!es !"ereof

u%ess 9ro"#=#!e& =/ !"e c#e%!<

2< To a&o9! suc" $easures as $a/ =e re?u#re& !o 9re1e%! !"ose "ose ser1#ces are

u!##>e& =/ "#$5 fro$ &#scos#%g or us#%g co%f#&e%ces or secre!s of !"e c#e%!<

2< To a1o#& #%&#scree! co%1ersa!#o% a=ou! a c#e%!s affa#rs e1e% #!" !"e $e$=ers

of "#s fa$#/<

2< No! !o re1ea !"a! "e "as =ee% co%su!e& a=ou! a 9ar!#cuar case ece9! !o a1o#&

9oss#=e co%f#c! of #%!eres!<

The rule of pri9ile!e communication also applies to prospecti9e clients.

CA545 22. A 3A;697 SHA33 ;+H=7A; H+S S97-+C9S 4536 >47 G44=

CA<S9 A5= <P45 54+C9 APP74P7+A9 +5 H9

C+7C<0SA5C9S.



o An attorney may only retire form the case either by a written consent of his client or

by permission of the court after due notice and hearin!+ in which e9ent the attorney

should see to it that the name of the new attorney is recorded in the case. #De &uan 9s.*aria )))+ Adm. Case no. 04,2KI0K-2K-II/$

22<0 A a/er $a/ #!"&ra "#s ser1#ces #% a%/ of !"e foo#%g cases7

a< ."e% !"e c#e%! 9ursues a% #ega or #$$ora course of co%&uc! #% co%%ec!#o% #!"

!"e $a!!er "e #s "a%&#%gK

=< ."e% !"e c#e%! #%s#s!s !"a! !"e a/er 9ursue co%&uc! 1#oa!#1e of !"ese ca%o%s

a%& rueK

c< ."e% "#s #%a=##!/ !o or #!" co4cou%se # %o! 9ro$o!e !"e =es! #%!eres! of !"e

c#e%!K

&< ."e% !"e $e%!a or 9"/s#ca co%&#!#o% of !"e a/er re%&ers #! &#ff#cu! for "#$ !o

carr/ ou! !"e e$9o/$e%! effec!#1e/K

e< ."e% !"e c#e%! &e#=era!e/ fa#s !o 9a/ !"e fees for !"e ser1#ces or fa#s !o co$9/

#!" !"e re!a#%er agree$e%!Kf< ."e% !"e a/er #s eec!e& or a99o#%!e& !o a 9u=#c off#ce5 a%&

g< O!"er s#$#ar cases

22<02 A a/er "o #!"&ras or #s &#sc"arge& s"a5 su=ec! !o a re!a#%#%g #e%5

#$$e&#a!e/ !ur% o1er a 9a9ers a%& 9ro9er!/ !o "#c" !"e c#e%! #s e%!#!e&5 a%& s"a

coo9era!e #!" "#s successor #% !"e or&er/ !ra%sfer of !"e $a!!er5 #%cu&#%g a

#%for$a!#o% %ecessar/ for !"e 9ro9er "a%&#%g of !"e $a!!er<

Rues o% .#!"&raa of Cou%se

Ge%era Rue7 .#!"&raa of cou%se #s %o! aoe& Ece9!#o%s7

,. ithdrawal )T6 C'%S"%T of the clienta. by the written consent of his client

b. filed in the court

c. ser9ed upon the ad9erse party

-. ithdrawal )T6'ET client@s C'%S"%T<ith permission of the court

#%&s of .#!"&raa B/ La/er

,. hen there is a duty to withdraw

-. Permissi9e withdrawal.

Rues o% !"e Su=s!#!u!#o% of Cou%se

Ge%era Rue7 %o substitution of attorneys will be allowed.

Ece9!#o%s7 Substitution is allowed when the followin! re;uisites are presentB

,. written re;uest for such substitution3



-. written consent of the client to the substitution3

. written consent of the attorney to be substituted+ if such consent can be obtained 3 and

/. in case such written consent cannot be procured+ there must be filed+ with theapplication for substitution+ proof of the ser9ice of notice of such motion in the manner

re;uired by the rules on the attorney substituted.

• Relationship of attorney<client does not terminate formally until there is withdrawal

of record.

."e% A!!or%e/4C#e%! Rea!#o%s"#9 (a/ Be Ter$#%a!e&

,. Epon initiati9e of the client #dischar!e of lawyer$3

-. Epon initiati9e of the lawyer #withdrawal of lawyer$3 and

. *y the death of either the attorney or client.

Rues U9o% Dea!" of !"e C#e%!

General 7ule8 The relationship of the attorney and client is terminated by the death of the

client. 9:ceptions8

,. hen the contract for the lawyer@s ser9ices is until rendition of :ud!ment3

-. hen the lawyer@s fees are on a contin!ent basis3 and. hen the lawyer@s appearance is coupled with an interest.

DUT, OF COUNSEL UPON DEATH OF A PART, TO A CASE

,. To inform the court within thirty #I$ days after such death of the fact thereof3 and

-. To !i9e the name and address of his le!al representati9e or representati9es.

DISCIPLINE OF LA.,ER

The lawyer who 9iolates these obli!ations could be called to tas= either throu!hB,. Disciplinary action

-. Criminal action

. Dama!e suit/. Contempt

DISCIPLINAR, ACTION

An inherent power of the courts to correct the alle!ed misconduct of the lawyers.

Ge%era Bas#s for I$9os#%g D#sc#9#%ar/ Ac!#o%



,. Ri!id standards of mental fitness

-. aintenance of the hi!hest de!ree of morality+ and

. Faithful compliance with the rules of the le!al profession.

#%&s of D#sc#9#%ar/ Ac!#o%

,. arnin!-. Reprimand or Censure

. Admonition

/. Fine0. Suspension

1. Disbarment

2. Contempt

4. )mprisonment

.ARNING

A statement put forth to a lawyer+ that any similar or other infraction of ethical or other

re;uired conduct would be 9isited with a hi!her or more serious penalty.'rdinarily+ it is not considered as a penalty. 6owe9er+ there is authority that a warnin!

is not considered as an administrati9e penalty.

REPRI(AND OR AD(ONITION

The censure imposed by the court where the e>tent of the wron! is 9ery small and the

de!ree of culpability of the lawyer is 9ery sli!ht. )t is also imposed where the conduct of a

lawyer falls short of the e>actin! standard of candor and fairness re;uired to be obser9ed

by them.

.ARNING AD(ONITION REPRI(AND

An act or fact of puttin! oneon his !uard a!ainst an

impendin! dan!er+ e9ilconse;uences or penalties

(entle or friendly reproof+mild rebu=e+ warnin! or

reminder counselin! on afault+ error or o9ersi!ht+ and

e>pression of authoritati9e

ad9ice or warnin!.

ore se9ere nature and has been defined as a public and

formal censure or se9erereproof administered to a

person in fault by his

superior officer or a body towhich he belon!s

%ot considered a penalty %ot considered a penalty ore than :ust a warnin! or

admonition

FINE

The pecuniary punishment which courts impose a!ainst a miscreant lawyer. )t isimposed in accord with criminal 9iolations of the law or as a conse;uence of the

contempt power of courts.

SUSPENSION

The act of the court prohibitin! an attorney from practicin! law for a certain definite

period. The Supreme Court may impose the penalty of indefinite suspension.



DISBAR(ENT

The act of the court in withdrawin! from an attorney the ri!ht to practice law

Disbarment is the most se9ere form of disciplinary sanction. The power to disbar must

always be e>ercised with !reat caution+ for only the most imperati9e reasons+ and in

clear cases of misconduct affectin! the standin! and moral character of the lawyer asan officer of the court and a member of the bar. Accordin!ly+ disbarment should not be

decreed where any punishment less se9ere J such as a reprimand+ suspension+ or fine J

would accomplish the end desired. 8Buado, et al., vs. 2ayag, )$ 3o. 5+-;,<-+;;<<@=.

A lawyer may be disciplined for any conduct+ in his professional or pri9ate capacity

that renders him unfit to continue to be an officer of the court. 8>da. e espino vs. Pres!uito, ).$. 3o. @6A;, <A;-;<<@=

Administrati9e complaints for disbarment are referred to the )*P for formal

in9esti!ation by the Court after an e9aluation by it of the pleadin!s submitted. An e><

parte in9esti!ation may only be conducted when the respondent fails to appear despite

reasonable notice. )n this case+ it would appear that no in9esti!ation+ not e9en :ust ane><parte in9esti!ation+ was conducted by the Commission on *ar Discipline.

The court must call for the due obser9ance of the fore!oin! rules+ and it is thus

contained to remand the case to the )*P for further proceedin!s. 8Sitaca vs.

Palomares, )dm. $ase 3o. 5;-5 3o. <@+@;<<@=.

hile she claimed that she was not immoral as she was then sin!le and 7ne9er has any

other affair with any other man8 e>cept her husband+ she admitted that she continued

to cohabit with him despite her =nowled!e of his pre9ious marria!es.

)ndeed+ dis!raceful and immoral conduct is a !ra9e offense that cannot becountenanced. 8atti vs. 1endo(a"e $astro, ).1. 3o. P"<@"+-@@, <6;;<<@=.

Jur#s&#c!#o% O1er D#sc#9#%ar/ Ac!#o%s

,. The authority and responsibility o9er theB

a. Admission3

b. Suspension3c. Disbarment3 and

d. Reinstatement of attorney@s<at<law is 9ested in the Supree Court.

-. All courts ha9e the inherent power to sub:ect lawyers to the disciplinary action ofBa. Reprimand3

b. arnin!3c. Admonition3

d. Fine3 or e. Contempt.

. 'nly the Supree Court( the Court of Appeals and 7egional rial Courts could

SUSPEND lawyers.

Ho Procee&#%gs (a/ Be I%s!#!u!e&



,. *y the Supreme Court motu proprio+

-. *y the )*P upon 9erified complaint of any person3 and

. The )*P *oard of (o9ernors may file3a. motu proprio D

b. upon referral by the Supreme Court3

c. upon referral by a Chapter *oard of officers.

5ature of Proceedings

+. 39T a civil action because there is no plaintiff and no respondent

;. 39T a criminal prosecution because it is not meant as a punishment depriving him of source of livelihood but is rather those who exercise the function should be competent,

honorable and reliable so that public may repose confidence in them.

. Cudicial proceeding 8sui #uris= because it is an investigation by the court about themisconduct of officer.

@. $onfidential in nature. 5498 " $omplainant cannot pray for damages because this is not a civil action but a

sui #uris. Disciplinary proceedin!s a!ainst lawyers in9ol9e no pri9ate

interest and afford no redress for pri9ate !rie9ance. &>34795C+A 0.

S404S4 -S. A6. 93+AS A. >459-9=7A( A.C.5o. "2)%( 0ay

2D'

;$o 0ay >ile Coplaint for =isbarent

)3493?. The right to institute a disbarment proceeding is not confined to clients nor it is

not necessary that the person complaining suffered in#ury from the alleged wrongdoing.

39T?: " ?ven an anonymous complainant or concerned citi(ens can initiate the

proceeding, sub#ect to S$s verification in a fact"finding

investigation 8 798 3997# C40P3A+5 4>

C45C9759= C++95S AGA+5S S43+C+47 G9597A3

AG59S -S. =9-A5A=97A( A6. 743A5=4 >A3397( and

A6. SA5+AG4 -A793A( A.0. 5o. E#11#1!#SC( Bune !( 2)? by

analogy # A545604<S 3997#C40P3A+5 AGA+5S S<SA5A

CA7=44( C397@ +++( 79G+45A3 7+A3 C4<7( /7A5CH ""(

=AG<PA5 C+6( A.0. 5o. P#D#21"!( Bune 12( 2)'

P97+4= >47 >+3+5G

General rule8 ) compliant to initiate disbarment proceedings may be filed anytime.

9:ception8 Ehere disbarment depends alone on or necessarily re!uires prior conviction

and the institution of criminal proceedings instituted after a long time fromthe commission of the act compliant of are regarded with disfavor.



4fficers Aut$oriIed o +nvestigate =isbarent Cases

+. IBP ;. Solicitor general

. )ny officer of the Supreme $ourtD and

@. Cudge of lower court

/urden of Proof

Burden of proof rests upon the complainant, and for the court to exercise its discretion its

disciplinary powers, the case against the respondent must be established by clear, convincing

and satisfactory proof. $lear and preponderant evidence is necessary to #ustify the imposition

of administrative penalty.

C$aracteristics of =isbarent proceedings

1. 3either civil or criminal proceedingD

2. The defense of double #eopardy is not available:!. It can be initiated motu proprio by the S$ or the IBP. It can be initiated without a

complaint or by an anonymous complainantconcerned citi(ensD

". It can proceed regardless of interest of complainantsD

%. It is imprescriptibleD

D. $onducted confidentially until its final determinationD and

E. It is itself due process of law.

=isbarent Proceedings +nitiated in t$e +/P

+. Investigation by an investigator or a panel of three;. Submission of a report containing findings of fact and recommendations to IBP

. eview by the IBP Board of Governors the record of case and all evidence presented.

@. If the IBP Board of Governors determines that respondent attorney should be suspended from the practice of law or be disbarred, it shall issue a resolution setting

forth its findings and recommendations and transmits this together with the whole

record of the case to the Supreme $ourt for final action5. If the board determines that respondent attorney should be exonerated, or that, if

guilty, the sanction that must be imposed must be less than suspension, it shall issue a

decision. In the latter case, if no petition is filed by complainant or other interested

parties within fifteen days of notice of decisions with the Supreme $ourt , and theSupreme $ourt does not order otherwise, the IBP Board of Governors decision shall

be final and the case shall be deemed terminated.

=isbarent Proceedings +nitiated +n $e Supree Court

+. $ase is referred for investigation report with recommendation.;. )fter investigation, Solicitor General, officer of the supreme $ourt , or #udge of the

lower court submits to the Supreme $ourt a report containing findings of act and

recommendation , together with the record and all evidence presented for automatic

review and final action of the Supreme $ourt.



9ffects of =isbarent

+. It deprives a person of the right to practice as an attorney"at"law;. The attorneys name is stricHen out from the role of attorney

. Fe ceases to be a member of the bar.

@. 2osses all the rights, privileges and prerogatives af an attorney"at"law for all timeunless readmitted anew to the Bar.

9ffects of Pardon during Pendency in a =isbarent Proceeding

ismissal of the case on that sole basis will depend on whether the executive pardon is

absolute or conditional. If the pardon is absolute or unconditional, the disbarment case will

be dismissed. Fowever , if the executive pardon is conditional, the disbarment case will not be

dismissed on the basis thereof.

)n absolute pardon by the president is one that operates to wipe out the conviction as well as the offense itself. The grant thereof to ma lawyer is a bar to a proceeding for disbarment

against him, if such proceeding is based S92?24 on the fact of such conviction.8In re:

Parcasion,A7 S$) A=

Ehere the proceeding to disbar is founded on the professional misconduct involved in the

transaction which culminated in his conviction, the effect of the pardon is only to relieve himto the penal conse!uences of his act and does not operate as a bar to the disbarment

proceeding, in as much as the criminal acts may nevertheless constitute proof that the

attorney does not possess good moral character. 8In re: 2ontoc, @ Phil ;7=

The lawyer was granted only conditional pardon. Such conditional pardon merely relieved

him of the penal conse!uences of his act but did not operate as a bar to his disbarment. Such pardon does not reach the offence itself. Fence, it does not constitute a bar to his disbarment.

8In re: Gutierre(, 5 S$) AA+=

Effec!s Of D#s$#ssa of Ju&g$e%!

)n the absence of con9incin! or clearly preponderant e9idence+ disbarment case a!ainsthim should be dismissed. 6owe9er+ the court can still impose conditions despite dismissal of

disciplinary action a!ainst him+ if the facts so warrant and in the e9ent the lawyer fails to

comply with such condition+ it may suspend or disbar him for disobedience of its order.

T.O INDS OF SUSPENSION

,. As a penalty

-. As a measure of pre9ention+ in pre9enti9e suspension

Pre1e%!#1e Sus9e%s#o%

An order temporarily pre9entin! a lawyer accused of committin! any of the !rounds for

suspension or disbarment from further de!radin! the le!al profession andKor inflictin!

harm upon the community.

Effec!7 The attorney shall not practice his profession until further action of the Supreme

Court.



Grou%&s For Sus9e%s#o% or D#s=ar$e%! - #% Ge%era

,. Acts committed P7+47 to admission to practice and incompetence as to ;ualifications

because ofB

a. Citi?enship b. A!e

c. (ood moral character

d. Residencee. "ducation

f. Passin! the *ar e>amination

-. Acts committed A>97 admission to practice

a. Deceit b. alpractice

c. (rossly immoral

d. *y reason of his con9iction of a crime in9ol9in! moral turpitude

e. For any 9iolation of the oath which he is re;uired to ta=e before admission to practicef. For willful disobedience of any lawful order of superior court+ or

!. For corruptly or willfully appearin! as attorney for a party to a case without authorityto do so

Re?u#s#!es Before Ac!s Co$$#!!e& Pr#or To A&$#ss#o% (a/ Be A Grou%&

,. The act must be so corrupt or false as to constitute a criminal act.

-. The act must be so unprincipled as to be reprehensible to a hi!h de!ree.

. The act must be established by clearly preponderant e9idence.

Dece#! - a fraudulent and decepti9e misrepresentation+ artifice of de9ice used by one or more

persons to decei9e and tric= another+ who is i!norant of the true facts to the pre:udice anddama!e of the party imposed upon. There must be false representation as to matter of fact.

(ALPRACTICE 4 Refers to any malfeasance or dereliction of duty committed by a lawyer.

LEGAL (ALPRACTICE 4 Pertains to the failure of an attorney to use such s=ill+ prudence

and dili!ence as lawyers of ordinary s=ill and capacity commonly possess and e>ercise in the

performance of tas=s which they underta=e+ and when such failure pro>imately causesdama!e+ it !i9es rise to an action in tort.

GROSSL, I((ORAL CONDUCT - That conduct which is willful+ fla!rant or shamelessand which shows a moral indifference to the opinion of the !ood and respectable members of

the community.

ere intimacy between a lawyer and a woman with no impediment to marry each

other who 9oluntarily cohabited and had two children+ is neither so corrupt as toconstitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary

action a!ainst the man as a member of the bar. 8)rciga vs. 1aniwang. +<A S$) 57+=



(ORAL TURPITUDE - )t imports an act of baseness+ 9ileness or depra9ity in the duties

which one person owes to another or to society in !eneral+ which is contrary to the usualaccepted and customary rule of ri!ht and duty which a person should follow.

.ILLFUL DISOBEDIENCE OF AN, LA.FUL ORDER OF SUPERIOR COURT - The resistance or defiance to the order of the court must be willful.

A lawyer who is directed to do somethin! such as to surrender records+ to appear as

counsel de oficio+ to comment on a matter pendin! in court+ may be disciplined for

willful disobedience of the order.8Santos vs. $), +7- S$) -<A=

Breac" of Du!#es To Cour!

,. 'bstructin! administration of :ustice

-. isleadin! the court J as =nowin!ly ma=in! false alle!ation in pleadin!s+ mis;uotin! te>tof documents+ suppressin! material facts

. Filin! or prosecutin! false char!es./. )ntroducin! false e9idence

0. illfully disobeyin! court orders1. Esin! 9icious or disrespectful lan!ua!e

2. Continue to practice after suspension

Breac" Of Du!#es !o C#e%!

,. %e!li!ence in performance of duties

e!uisites:a. %e!li!ent carelessness which must be !ross in character.

b. Caused material pre:udice to client

ere ne!li!ence+ without pecuniary dama!es+ :ustifies only reprimand or censure

e>cept when breach of duty to client is a !ross 9iolation of obli!ation to court.

-. "mployment of unlawful means. Deceit or misrepresentation

e!uisites:

a. *ad faith on the part of the lawyer b. aterial dama!e to client

/. Representin! ad9erse interest and re9ealin! client@s secrets

0. Purchase of client@s property in liti!ation

e!uisites:a. Lawyer is counsel for client at the time he ac;uired the same

b. *y himself or thru another

c. Durin! pendency of liti!ation1. Failin! to account or misappropriation of client@s property

2. Collectin! unreasonable fees

4. Actin! without authority5. illfully appearin! without bein! retained



Breac" Of Du!#es !o !"e Bar

Enethical conduct or unprofessional conduct. That which 9iolates rules or ethical code of le!al profession.

Breac" of Du!#es !o Coeague,. Defamin! fellow lawyer3

-. "ncroachin! upon business of another3

. Solicitin! business3/. Ad9ertisin!

PROCEDURE FOR SUSPENSION OR DISBAR(ENT OF ATTORNE,S :RULE 34

B; B, THE SUPRE(E COURT 04< P74P+4

SUPRE(E COURT

REFERS THE CASE

TO AN IN'ESTIGATOR

: P9SSIB2? I3>?STIG)T9S:Solicitor General, any 9fficer of the

Supreme $ourt, or any Cudge of alower court=

NOTICE TO THE RESPONDENT



PROCEDURE FOR SUSPENSION M DISBAR(ENT OF ATTORNE,S B, THE IBP

'R

RESPONDENTS ANS.ER

81ust be served within

+5 days from notice=

IN'ESTIGATION

IN'ESTIGATORS REPORT

Submitted not later than I days

from termination of in9esti!ation.

8$ontains: 'indings of facts,

ecommendation to isbar

Suspendismiss=

SUPRE(E COURT

# 'or eview and 'inal )ction=

B, IBP (OTU PROPIO

B, A 'ERIFIED CO(PLAINT

TO THE IBP

8$omplaint must be in writing

and shall state the facts

complained of=

APPOINT(ENT OF AN

IN'ESTIGATOR a%& NOTICETO RESPONDENT

RESPONDENTS ANS.ER

81ust be served within +5 days



DEFENSES

GENERAL DEFENSES7 The Statute of Limitations is not a defense in disciplinary

proceedin!s. Circumstances that facts set up as !round for disbarment constitute crime+ the prosecution for which in a criminal action is barred by prescription.

9:ception8 The fact that a considerable len!th of time has lapsed from the date themisconduct too= place on the date the complaint for disbarment was filed may indicate

ulterior moti9e on the part of complainant or innocence on the part of respondent

(o&#f/#%g C#rcu$s!a%ce

">tent of disciplinary action depends on attendance of miti!atin! or a!!ra9atin!

circumstance.

(#!#ga!#%g C#rcu$s!a%ces

,. (ood faith

-. ant of intention to commit wron!. Lac= of material dama!e to complainant

/. Desistance of complainant

0. outh and ine>perienced in bar+ etc.

Aggra1a!#%g C#rcu$s!a%ces

,. Abuse of authority or of attorney<client relationship

-. Se>ual intercourse with LL* relati9e

IN'ESTIGATION

,. )n9esti!ator may issue

subpoenas.

-. Pro9ide respondent with

opportunity to be heard.

. ay proceed with

in9esti!ation e> parte

should respondent be

unable to com l

IN'ESTIGATORS REPORT

Submitted not later than I days

from termination of in9esti!ation.

8$ontains: 'indings of facts,

ecommendation to isbar Suspend ismiss=

SUPRE(E COURT

8ecision=



. a=in! institution of marria!e a moc=ery

/. Char!e of !ross immorality

0. Lawyer pre9iously dismissed as member of bar

DESISTANCE OF CO(PLAINANT

General 7ule8 Desistance or withdrawal of char!es a!ainst lawyer does not depri9e the courtof authority to proceed.

9:ception8 hen as a conse;uence of withdrawal or desistance+ no e9idence adduced to pro9e char!es+ in which case court dismisses case.

Tes!7 hether on the basis of the facts borne out by record+ char!es a!ainst respondent ha9e

been pro9ed.

RULES ON REINSTATE(ENT

Au!"or#!/ To Re#%s!a!eThe SC@s power to admit or remo9e stems from the constitutional prero!ati9e to issue

rules and re!ulations concernin! admission to practice of law.

Fac!ors Tae% I%!o Accou%! I% Re#%s!a!e$e%!

,. Character or standin! prior to disbarment-. %ature or character of misconduct for which he is disbarred

. Conduct subse;uent to disbarment

/. "fficient !o9ernment ser9ice

0. Time that elapsed between disbarment1. Application for reinstatement circumstances that he@s been punished

2. Application+ appreciation or si!nificance of his dereliction

4. Assurance that he now possesses probity inte!rity5. Fa9orable indorsement of )*P+ pleas of lo9ed ones.

Effec!s of Re#%s!a!e$e%!

,. Reco!nition of moral rehabilitation and mental fitness to practice law

-. Sub:ect to same law+ rules re!ulations as those applicable to any other lawyer

. Comply with condition imposed on his readmission

RULES IN CASE OF CONTE(PT OF COURT

Co%!e$9! of Cour!

)t is e>ercised on preser9ation and not on 9indicti9e principle and on correcti9e rather than

retaliatory idea of punishment+ for purposes that are impersonal #criminal in nature$. )t is essential in the obser9ance of order in :udicial proceedin!s and enforcement of

:ud!ment.

#%&s of Co%!e$9!7



< =irect – consists of misbeha9ior in the presence of or so near a court or :ud!e as to

interrupt or obstruct the proceedin!s before the court or the administration of :ustice3

punished summarily.

2< +ndirect – one committed away from the court in9ol9in! disobedience of or resistance to a

lawful writ+ process+ order+ :ud!ment or command of the court+ or tendin! to belittle+

de!rade+ obstruct+ interrupt or embarrass the court.3< Civil – failure to do somethin! ordered by the court which is for the benefit of a party.

@< Criinal – any conduct directed a!ainst the authority or di!nity of the court.

• The e>ercise of the power to punish contempt has a twofold aspect+ namely

#,$ the proper punishment of the !uilty party for his disrespect to the court or its order3

and

#-$ to compel his performance of some act or duty re;uired of him by the court which herefuses to perform.

Ac!s of La/er Co%s!#!u!#%g Co%!e$9!

,. isbeha9ior as officer of court-. Disobedience or resistance to court order

. Abuse or interference with :udicial proceedin!s

/. 'bstruction in administration of :ustice0. isleadin! courts

1. a=in! false alle!ation+ criticisms+ insults+ 9eiled threats a!ainst the court

2. Aidin! in unauthori?ed practice of law #suspended or disbarred$4. Enlawful retention of client@s funds

Proce&ure For Co%!e$9! Procee&#%gs

,. The correspondin! char!e shall be filed by the in9esti!ator before the )*P *oard of (o9ernors which shall re;uire the alle!ed contemnor to show cause within the #,I$

days from notice.-. The )*P *oard of (o9ernors may thereafter conduct hearin!s+ if necessary+ in

accordance with the procedure set forth in this Rule for hearin!s before thein9esti!ator.

. Such hearin! shall as far as practicable be terminated within fifteen #,0$ days from its

commencement./. Thereafter+ the )*P *oard of (o9ernors shall issue a resolution settin! forth its

findin!s and recommendations which shall forthwith be transmitted to the Supreme

Court for final action and if warranted+ the imposition of penalty.

RULES CONCERNING NOTAR, PUBLIC

200@ RULES ON NOTARIAL PRACTICE&A.0. 5o. 2#)#1!#SC'



PO.ERS AND LI(ITATIONS OF NOTARIES PUBLIC

a$ A notary public is empowered to perform the followin! notarial actsB

,$ Ac=nowled!ement3

-$ 'aths and affirmations3$ &urats3

/$ Si!nature witnessin!30$ Copy certifications3

1$ Any other act authori?ed by these Rules3

b$ A notary public is authori?ed to certify the affi>in! of a si!nature by thumb or other mar=

on an instrument or document presented for notari?ation ifB

,$ The thumb or other mar= is affi>ed in the presence of the notary public and of two #-$

disinterested and unaffected witnesses to the instrument or document3

-$ *oth witnesses si!n their own names in addition to the thumb or other mar=3

$ The notary public writes below the thumb or other mar=3 and

/$ The notary public notari?es the si!nature by thumb or other mar= throu!h an

ac=nowled!ement+ :urat+ or si!nature witnessin!.

#c$ A notary public is authori?es to si!n on behalf of a person who is physically unable to si!n or ma=e

a mar= on an instrument or document ifB,$ The notary public us directed by the person unable to si!n or ma=e a mar= to si!n on his

behalf3

-$ The si!nature of the notary public is affi>ed in the presence of two disinterested and

unaffected witnesses to the instrument or document3$ *oth witnesses si!n their own names3

/$ The notary public witness below his si!nature. 7Si!nature affi>ed by notary in presence of

#names and addresses of person and two #-$ witnesses$83 and

0$ The notary public notari?es his si!nature by ac=nowled!ement or :urat.

Pro"#=#!#o%s Aga#%s! No!ar/ Pu=#c

a$ A notary public shall not perform a notarial act outside his re!ular place of wor= or business+

pro9ided+ howe9er+ that on certain e>ceptional occasions or situations+ a notarial act may be performedat the re;uest of the parties in the followin! sites located within his territorial :urisdictionB

,$ Public offices+ con9ention halls+ and similar places where oaths of office may be administered3

-$ Public function areas in hotels and similar places for the si!nin! or instruments or documents

re;uirin! notari?ation3

$ 6ospitals and other medical institutions where a party to an instrument or document is

confined for treatment3 and/$ Any place where a party to an instrument or document re;uirin! notari?ation is under

detention.

b$ A person shall not perform a notarial act if the person in9ol9ed as si!natory to the instrument or

document isB,. %ot in the notary@s presence personally at the time of the notari?ation3 and

-. %ot personally =nown to the notary public or otherwise identified by the notary public throu!hcompetent e9idence of identity as defined by these Rules. 8Sec. ;=

D#s?ua#f#ca!#o%s

A notary public is dis;ualified from performin! a notarial act if heB

,$ )s a party to the instrument or document that is to be notari?ed3

-$ ill recei9e+ as a direct or indirect ad9anta!e+ ri!ht+ title+ interest+ cash+ property+ or other

consideration+ e>cept as pro9ided by these Rules and by law3 or



$ )s a spouse+ common<law partner+ ancestor+ descendant or relati9e by affinity or+ consan!uinity

of the principal within the fourth ci9il de!ree. 8Sec. =

Re1oca!#o% of Co$$#ss#o% A%& D#sc#9#%ar/ Sa%c!#o%s

a$ The e>ecuti9e &ud!e shall re9o=e a notarial commission for any !round on which an application for a commission may be denied.

b$ )n addition+ the ">ecuti9e &ud!e may re9o=e the commission of+ or impose appropriateadministrati9e sanctions upon+ any notary public who3

,$ Fails to =eep a notarial re!ister3

-$ Fails to ma=e the proper entry or entries in his notarial acts3

$ Fails to send the copy of the entries to the e>ecuti9e :ud!e within the first ten #,I$ days of the

month followin!3

/$ Fails to affi> ac=nowled!ements the date of e>piration of is commission3

0$ Fails to submit his notarial re!ister+ when filled to the e>ecuti9e :ud!e3

1$ Fails to ma=e his report+ within a reasonable time+ to the e>ecuti9e :ud!e concernin! the

performance of his duties+ as may be re;uired by the :ud!e3

2$ Fails to re;uire the presence of a principal at the time of the notarial act3

4$ Fails to identify a principal on the basis of personal =nowled!e or competent e9idence3

5$ ">ecutes a false or incomplete certificate under section 0+ Rule )3,I$ Hnowin!ly performs or fails to perform any other act prohibited or mandated by these rules3

and

,,$ Commits any other dereliction or act which in the :ud!ment of the e>ecuti9e :ud!e constitutes

!ood cause for re9ocation of commission or imposition of administrati9e sanction.

c$ Epon 9erified complaint by an interested+ affected or a!!rie9ed person+ the notary public shall be

re;uired to file a 9erified answer to the complaint.

)f the answer of the notary public is not satisfactory+ the ">ecuti9e &ud!e shall conduct a summary

hearin!. )f the alle!ations of the complaint shall be dismissed. )f the char!es are duly established+ the

">ecuti9e &ud!e shall impose the appropriate administrati9e sanctions. )n either case+ the a!!rie9ed

party may appeal the decision to the Supreme Court for re9iew. Pendin! the appeal+ an order imposin!disciplinary sanctions shall be immediately e>ecutory+ unless otherwise ordered by the Supreme Court.

c$ The ">ecuti9e &ud!e may motu proprio initiate administrati9e proceedin!s a!ainst a

notary public+ sub:ect to the procedures prescribed in para!raph #c$ abo9e and impose the

appropriate administrati9e sanctions on the !rounds mentioned in the precedin! para!raphs #a$ and

#b$. 8ule JI, Sec. +=

Poer A%& Du!#es of A No!ar/ Pu=#c

To =eep notarial re!ister3,. To ma=e the proper entry or entries in his notarial re!ister touchin! his notarial acts in their

manner re;uired by the law.-. To send of the entries to the proper cler= of court within the first ,I days of the month ne>t

followin!.

. To affi> to the ac=nowled!ements the date of e>piration of his commission+ as re;uired by

law.

/. To forward his notarial re!ister+ when filled to the proper cler= of court.

0. To ma=e report+ within a reasonable time+ to the proper :ud!e concernin! the performance of

his duties+ as may be re;uired by such :ud!e.

1. To ma=e the proper notation re!ardin! residences.



E!e%! of Jur#s&#c!#o% Of A No!ar/ Pu=#c

The :urisdiction of a notary public in a pro9ince shall be co<e>tensi9e with the pro9ince. The

:urisdiction of a notary public in the City of Pasay shall be co<e>tensi9e with the said city. %otary shall

not possess authority to do any notarial act beyond the limits of his :urisdiction.

."o Ca% Re1oe H#s No!ar#a Co$$#ss#o% The notarial commission may be re9o=ed by the ">ecuti9e &ud!e of the Re!ional Trial

Court who issued the commission or by the Supreme Court itself.

%otari?ation of a pri9ate document con9erts the document into a public one ma=in! it

admissible in court without further proof of its authenticity. )ndeed+ it creates real ri!hts.

DOCTRINE OF RES IPSA LOUITUR

The thin! spea=s for itself. Rebuttable presumption or inference that defendant was ne!li!ent+

which arises upon proof that instrumentality causin! in:ury was in defendant@s e>clusi9e control+

and that the accident was one which ordinarily does not happen in absence of ne!li!ence.

This principle or doctrine applies to both :ud!es and lawyers.

&ud!es had been dismissed from the ser9ice without need for a formal in9esti!ation because

based on the records+ the !ross misconduct or inefficiency of the :ud!es clearly appears. 80y vs.

1ercado, +5@ S$) 5A6=

JUDICIAL ETHICS

Ju&#c#a e!"#cs is that branch of moral science which treats of the ri!ht and proper conduct to be

obser9e by all :ud!es and ma!istrates in tryin! and decidin! contro9ersies brou!ht to them for

ad:udication which conduct must be demonstrati9e of impartiality+ inte!rity+ competence+independence and freedom from improprieties. The freedom from improprieties must be obser9ed

e9en in the :ud!e@s pri9ate life J bein! the 9isible representation of the law.



Sources of Ju&#c#a E!"#cs

,. Code of &udicial Conduct

-. Constitution

. %ew Ci9il Code

/. Re9ised Rules of Court0. Re9ised Penal Code

1. Anti<(raft and Corrupt Practices Act2. Canons of &udicial "thics

4. Code of Professional Responsibility

5. &udiciary Act of ,5/4

,I. &udiciary Reor!ani?ation Act of ,5I

,,. Supreme Court Decisions

,-. Forei!n Decisions

,. 'pinions of Authorities

,/. 'ther Statues

,0. SC Circulars

,1. Code of Conduct and "thical Standards for Public 'fficials and "mployees

UALIFICATIONS OF SC AND CA JUSTICES,. %atural born citi?en of the Philippines

-. At least /I years of a!e

. ust ha9e been for ,0 years or more a :ud!e of the lower court 'R en!a!ed in the practice of

law. 8Sec. 68+=, )rt. >III, +7-6 $onstitution=/. ust be a person of pro9en competence+ inte!rity+ probity and independence 8Sec. 68=, )rt.

>III, +7-6, $onstitution=

UALIFICATIONS OF (TC JUDGES

,. %atural born citi?ens of the Philippines

-. At least I years of a!e

. For at least 0 years had been en!a!ed in the practice of law in the Philippines re;uirin!admission to the practice of law as an indispensable re;uisite. 8Sec. ;A, )rt. >III, +7-6

$onstitution=

JUDICIAL OBLIGATIONS OF A JUDGE IN GENERAL UNDER THE CANONS OF

JUDICIAL ETHICS

,. A :ud!e@s conduct should be abo9e reproach3

-. )n the dischar!e of his :udicial duties he should be conscientious+ studious+ thorou!h+courteous+ patient+ punctual+ :ust+ impartial+ fearless of public clamor3

. Re!ardless of pri9ate influence+ he should administer :ustice accordin! to law and should dealwith the patrona!e of the position as a public trust3 and

/. 6e should not allow outside matters or his pri9ate interest to interfere with the proper

performance of his office.

SU((AR, OF JUDICIAL OBLIGATIONS UNDER THE CODE OF JUDICIAL CONDUCT



,. A :ud!e should uphold the inte!rity and independence of the :udiciary3

-. A :ud!e should a9oid the appearance of impropriety in all acti9ities3

. A :ud!e should perform official duties honestly+ and with impartiality and dili!ence3

/. A :ud!e may+ with due re!ard to official duties+ en!a!e in acti9ities to impro9e the law+ the

le!al system and the administration of :ustice3 and0. A :ud!e should re!ulate e>tra<:udicial acti9ities to minimi?e the ris= of conflict with his

:udicial duties.

The obser9ance of the Canon of &udicial "thics does not end at the close of office hours nor is

limited within the performance of his official duties. The Canon of the &udicial "thics

commands that a :ud!e@s beha9ior+ official or otherwise+ should be free from the appearance of

impropriety in all acti9ities and should be beyond reproach+ # P4SI3SP, 91?G) CI?F .

'I?2, vs. C0G? '?2IJ ). $))9S, 1T$, $andelaria, Kue(onD ).1. 3o. 1TC"77"+;;@.

ecember +;,;<<<=

The Code of &udicial Conduct was promul!ated by the Supreme Court on September 0+ ,545 and too=

effect on 'ctober -I+,545. All :ud!es are re;uired to strictly comply with the Code of &udicial

Conduct.

Throu!h A.. %o. I<I0<I,<SC #promul!ated on -2 th of April -II/ and too= effect on the , st of &une

-II/$+ t$e Canons of Budicial as superseded by t$e 5e code of Budicial conduct for t$e

P$ilippine udiciary &5CBC'. 6owe9er+ in case of deficiency or absence of specific pro9isions or

concepts in the %ew Code+ the Canons of &udicial "thics and the Code of &udicial Conduct shall be

applicable in a suppletory character.

DEFINITIONS7

Cour! S!aff - includes the personal staff of the :ud!e includin! law cler=s.

Ju&ge - means any person e>ercisin! :udicial power+ howe9er+ desi!nated

Ju&ges Fa$#/ - )ncludes a :ud!e@s spouse+ son+ dau!hter+ son<in<law+ dau!hter<in<law+ and any other

relati9e by consan!uinity or affinity within the si>th ci9il de!ree+ or person.

CA545 1. +5=9P95=95C9

Budicial +ndependence is a pre#reuisite to t$e rule of la and a fundaental guarantee of

a fair trial. A udge s$all t$erefore up$old and e:eplify udicial independence in bot$ its

individual and institutional aspects.

1. o e:ercise udicial function independently based on t$eir assessent of facts and in

accordance it$ conscientious understanding of t$e la( free fro any uarter or for anyreason?

2. o be independent fro udicial colleagues in respect to decisions $ic$ t$e udge is

obliged to ae independently?

!. o refrain fro influencing in any anner t$e outcoe of litigation or dispute pending

before anot$er court or adinistrative agency?

". 5ot to allo faily( social or ot$er relations$ips to influence udicial conduct or udgent

and not to use or lent t$e prestige of udicial office to advance t$e private interests of ot$ers(



nor convey or perit ot$ers to convey t$e ipression t$at t$ey are in a special position to

influence t$e udge?

%. o be free not only fro inappropriate connections it$( and influence by( t$e e:ecutive

and legislative branc$es of governent( but ust also appear to be free t$erefro to a

reasonable observer?

D. o be independent in relation to society in general and in relation to t$e particular parties to

a dispute $ic$ $e or s$e $as to adudicate?E. o encourage and up$old safeguards for t$e disc$arge of udicial duties in order to

aintain and en$ance t$e institutional and operational independence of t$e udiciary?

). o e:$ibit and proote $ig$ standards of udicial conduct in order to reinforce public

confidence in t$e udiciary $ic$ is fundaental to t$e aintenance of udicial

independence.

NOTES AND CASES7

"9ery :ud!e is re;uired to obser9e the law. hen the law is sufficiently basic+ a :ud!e owes it

to his office to simply apply it and anythin! less than that would be constituti9e of !ross

i!norance of the law.

A :ud!e should be studious of the principles of law+ he should administer his office with due

re!ard to the inte!rity of the system of the law itself+ rememberin! that he is not a depositoryof arbitrary power+ but a :ud!e under the sanction of law+ 7 i!norance of the law e>cuses no

one8

8)lmo#uela Cr. vs. ringor, et al., ).1. 3o. 1TC<<@"+5;+, <6;6;<<@=

Competence is the mar= of a !ood :ud!e. 6a9in! accepted the e>alted position of :ud!e+

whereby he :ud!es his own fellowmen+ the :ud!e owes it to the public who depend on him+

and to the di!nity of the court he sits in+ to be proficient in the law. 8)lcara( vs. 2indo, ).1.

3o. 1TC"<@"+57, <@+@;<<@=

&ud!es are e>pected to =eep abreast of de9elopments in law and :urisprudence and aree>pected to ha9e more than a cursory =nowled!e of all the rules on preliminary in9esti!ation

and bail. Respondent :ud!e@s failure to obser9e the basic laws and rules is not only

ine>cusable+ but renders him susceptible to administrati9e sanction for !ross i!norance of the

law and incompetence. 8Bueno vs. imangadap, ).1. 1TC"<;"+@A;, <-+<;<<@=

)t has been oft repeated that :ud!es cannot be held to account or answer criminally+ ci9illy or

administrati9ely for an erroneous :ud!ment of decision rendered by him in !ood faith+ or in theabsence of fraud+ dishonesty or corruption. 6owe9er+ it has also been held that when the law

9iolated is elementary+ a :ud!e is sub:ect to disciplinary action. The principles of due notice

and hearin! are so basic the respondent@s inability to accord a liti!ant their ri!ht thereto cannot

be e>cused. e find respondent !uilty of !ross i!norance of the law for 9iolatin! the three<day

complainant due notice and the opportunity to be heard on the matters as mandated. 8Ling and

Sons $ompany, Inc. vs. Fontanosas, )dm. 1atter no. TC"<"+-<;, <7;+;<<@=

A :ud!e should be 9i!ilant a!ainst any attempt to sub9ert the independence of the :udiciary

and resist any pressure from whate9er source. 8)lmo#uela, Cr. vs. ingor, et al., ).1. 3o. 1TC"

<@"+5;+, <6;6;<<@=





A court@s letterhead should be used only for official correspondence. 89Htubre vs. >elasco, ).1.

3o. 1TC"<;"+@@@,<6;;;<<@=.

%o :ud!e should preside in a case in which he is not wholly free+ disinterested+ impartial and

independent. A :ud!e should not handle a case in which he mi!ht be percei9ed to be susceptible to

bias and partiality. The rule is intended to preser9e the people@s faith and confidence in the courtsof :ustice.

A :ud!e is prohibited from sittin! in a case where is related to a party or to counsel with the si>th

and fourth de!ree of consan!uinity of affinity+ respecti9ely. 89Htubre vs. >elasco, ).1. 3o. 1TC"

<;"+@@@, <6;;;<<@=.

INSTANCES .HEREIN THE JUDGE SHALL DISUALIF, HI(SELF FRO(

PARTICIPATING IN AN, PROCEEDING DUE TO PARTIALIT,<

That the :ud!e hasB

,. Actual bias or pre:udice concernin! a party or personal =nowled!e of disputed e9identiary facts

concernin! the proceedin!s3

-. Pre9iously ser9ed as lawyer or was a material witness in the matter in contro9ersy3

. 'r a member of his or her family+ economic interest in the matter in contro9ersy3

/. Ser9ed as e>ecutor+ administrator+ !uardian trustee or lawyer in the case or matter in contro9ersy+

or a former associate or :ud!e ser9ed as counsel durin! their association+ or the :ud!e or lawyer

was a material witness therein3

0. A Rulin! in a lower court which is sub:ect or re9iew3

1. A relation by consan!uinity or affinity to a party liti!ant within the si>th ci9il de!ree or to counsel

within the fourth ci9il de!ree3 or

2. Hnowled!e that his or her spouse or child has a financial interest+ as heir+ le!atee+ creditor+fiduciary+ or otherwise+ in the sub:ect matter in contro9ersy or in a party to the proceedin!+ or any

other interest that could be substantially affected by the outcome of the proceedin!s. 8Sec. 5,

$anon , 3$C$=

NOTES AND CASES

This enumeration is not "CLES)"

A :ud!e should administer :ustice impartially and without delay. They must always be in control of

proceedin!s to ensure that the mandatory periods pro9ided in the Rules of Court and se9eral other

rules promul!ated by the Court are faithfully complied with. A :ud!e shall dispose of the court@s business promptly and decide cases within the re;uired periods. &ustice delayed is often :ustice

denied. 8?: compliance of osete, ).1. 3o. <@"5"++-"1T$$, <6;7;<<@=.

&ud!es should refrain from e>pressin! irrele9ant opinions in their decisions which may only reflect

unfa9orably upon their competence and the propriety of their :udicial actuations. 8Balagtas vs.

Sarmiento, Cr., ).1. 3o. 1TC"<+"+66, <A+6;<<@=.



The public e>pects a :ud!e to be fearless in the pursuit to render :ustice+ to be unafraid to displease

any person+ interest or power and to be e;uipped with a moral fiber stron! enou!h to resist thetemptations lur=in! in the office of the :ud!e. 8amire( vs. $orpu("1acandong, +@@ S$) @A;=

Re$e&/ of Ju&ge I% Case of D#s?ua#f#ca!#o%< -

A dis;ualification :ud!e may+ instead of withdrawin! from the proceedin!+ disclose on the

records the basis of dis;ualification. )f+ based on such disclosure+ the parties and lawyersindependently of the :ud!e@s participation+ all a!ree in writin! that the reason for the inhibition is

immaterial or unsubstantial+ the :ud!e may then participate in the proceedin!. The a!reement+ si!ned

by all the parties and lawyer+ shall be incorporated in the record of the proceedin!. 8Sec. A, $anon

3$C$=

)t is not denied that the respondent :ud!e is the brother of the respondent and their close

relationship notwithstandin!+ and despite the prohibition mentioned abo9e+ the respondent

:ud!e too= co!ni?ance of the case and issued the contro9ersial order directin! the issuance of a

writ of preliminary in:unction+ after which he inhibited from sittin! on the case for the same

reasons. Such action+ to our mind+ is reprehensible as it erodes the all important confidence in

the impartiality of the :udiciary. 8Furtado vs. Curdalena, et al., G.. 3o. 2"@7A<, <6++76-=

Grou%&s For D#s?ua#f#ca!#o% A%& I%"#=#!#o% of Ju&ges

(a%&a!or/

,. Pecuniary interest

-. Related within the 1th de!ree of consan!uinity or affinity or to counsel within the / th ci9il de!ree

. 6as been an e>ecutor+ !uardian+ administrator+ trustee or counsel

/. Presided in an inferior court where his rulin! or decision is sub:ect to re9iew

0. ">ercise of sound discretion

'ou%!ar/,. ">ercise of sound discretion J for :ust and 9alid reasons

Lea9es to the :ud!e himself to decide ;uestion as to whether he will desist sittin! in a case for

other :ust and 9alid reason with only his conscience to !uide him.

The filin! of an administrati9e case a!ainst a :ud!e does not dis;ualify him from hearin! a

case. The court has to be shown other than the filin! of an administrati9e complaint+ act or

conduct of the :ud!e indicati9e of arbitrariness or pre:udice before the latter is branded bein! biased or partial.

DISUALIFICATION INHIBITION

Rule on dis;ualification enumerates

the !rounds under which any :ud!e or

:udicial officer is dis;ualified from

actin! as such and the e>plicit

enumeration of the specific !rounds

e>cludes the others.

Rule does not e>pressly enumerate the

specific !rounds for inhibition but

merely !i9es a broad basis thereof+ i.e.

!ood sound or ethical !rounds.

Rules !i9es the :udicial officer no

discretIon to try or sit in a case.

Rules lea9e the matter of inhibition

sound discretion of the :ud!e.





Proceedin!s a!ainst :ud!es are pri9ate and confidential until the final determination thereof

*Sec. A, ule +@< of the ules of $ourt.

CA545 ". P74P7+96

Propriety and t$e appearance of propriety are essential to t$e perforance of all t$eactivities of a udge.

1. o avoid ipropriety and t$e appearance to t$e perforance in all of t$eir activities?

2. o accept personal restrictions t$at ig$t be vieed as burdensoe by t$e ordinary citiIen

and s$ould do so freely and illingly and to conduct t$eselves in a ay t$at is consistent

it$ t$e dignity of t$e udicial office?

!. o avoid situations $ic$ ig$t reasonable give rise to t$e suspicion or appearance of

favoritis or partiality on t$eir personal relations it$ individual ebers of t$e legal

profession $o practice regularly in t$eir court?

". 5ot to participate in t$e deterination of a cases in $ic$ ay eber of t$eir faily

represents a litigant or is associated in any anner it$ t$e case?

%. 5ot to allo t$e use of t$eir residence by a eber of t$e legal profession to receive clientsof t$e latter or of t$e ot$er ebers or t$e legal profession?

D. o be entitled to freedo of e:pression( belief( association and assebly( lie any ot$er

citiIen( but in e:ercising suc$ rig$ts( conduct t$eselves in suc$ anner as to preserve t$e

dignity of t$e udicial office and t$e ipartiality and independence of t$e udiciary?

E. o infor t$eselves about t$eir personal fiduciary interests and s$all ae reasonable

efforts to be infored about t$e financial interest of ebers of t$eir faily?

). 5ot to use or lend t$e prestige of t$e udicial office to advance t$eir private interests( or

t$ose of a eber of t$eir faily or of anyone else( nor s$all t$ey convey or perit ot$ers

to convey t$e perission t$at anyone is in a special position iproperly to influence t$e in

t$e perforance of udicial duties?

F. 5ot to use or disclose confidential inforation acuired in t$eir udicial capacity for any

purpose related to t$eir udicial duties1. 5ot to practice $ilst t$e $older of udicial office?

11. o for or oin associations of udges or participate in ot$er organiIations representing t$e

interests of udges?

12. 5ot to as for nor accept( for t$eselves and ebers of t$eir failies( any gift( beuest(

loan or favor in relation to anyt$ing done or to be done or oitted to be done by $i or $er

in connection it$ t$e perforance of udicial duties?

1!. 5ot to noingly perit court staff or ot$ers subect to t$eir influence( direction or

aut$ority( to as for( or accept any gift( beuest( loan or favor in relation to anyt$ing done

or to be done or oitted to be done in connection it$ t$eir duties or functions?

1". o receive a toen( gift( aard or benefit( subect to la and to any legal reuireents of

public disclosure( as appropriate to t$e occasion on $ic$ it is ade( provided t$at suc$

gift( aard or benefit ig$t not reasonable be perceived as intended to influence t$e udgein t$e perforance of udicial duties or ot$erise give rise to an appearance of partiality.

NOTES AND CASES7

)t was held that apropos the issue on the hasty rendition of :ud!ment in criminal case+ #udges

must avoid not only impropriety but even the appearance of impropriety in all their actions

and neither should they ta=e undue interest in the settlement of criminal cases as the same may



compromise the inte!rity and impartiality of their office. 8Porsecutor 2oo Tabao vs. Cudge

pedro ?spina, ).1. 39. TC / 7A"+@6, Cune 7, +777=

A :ud!e should not handle a case in which he mi!ht be percei9ed to be susceptible to bias and

partiality. 6e should a9oid not merely impropriety in all his acts but e9en the appearance of

impropriety. 8Pere( vs. #udge Suller=

The one who occupies an e>alted position in the administration of :ustice must pay a hi!h

price for the honor bestowed upon him+ for his pri9ate as well as his official conduct must atall times be free from the appearance of impropriety. 82u!ue vs. Layanan, ;7S$) +A5=

The :ud!e is the 9isible representation of the law and must+ at all times+ conduct themsel9es in

such manner as to be beyond reproach and suspicion. 8$abrera vs. Pa#ares, +@; S$) +;6=

The court held that 7a mere casual buss 8beso"beso= on the chee= is not a se>ual conduct or

fa9or and does not fall within the pur9iew of se>ual harassment under RA %o. 24228. The said

Court also e>onerated &ud!e Acosta of the char!es a!ainst him and li=ewise ad9ised him to be

more circumspect in his deportment. 8)tty. Susan 1. )!uino vs. Fon. ?rnesto . )costa,

Presiding Cudge $ourt of Tax )pepalsD ).1. 3o. $T) / <+"+D )pril ;, ;<<;=

)n the absence of any showin! that respondent@ s interference was in bad faith or with malice

and considerin! that this is the first time on record that he committed such infraction of the

Code of &udicial Conduct+ a mere reprimand is :ust and reasonable. Certainly+ when :ud!es of

the same court in the same place fi!ht the ima!e of the :udiciary is impaired rather than

enhanced. )t is incumbent upon them to so beha9e at all times as to promote public confidencein the inte!rity and impartiality of the :udiciary. 83avarro vs. Tomis, ).1. 3o. 14C"<<"+6,

<@;6;<<@=

Ac!#1#!#es !"a! Do No! I$9a#r !"e Perfor$a%ce of Ju&#c#a Du!#es< -

Sub:ect to the proper performance of :udicial duties+ :ud!es mayB

,. rite+ lecture+ teach and participate in acti9ities concernin! the law+ the le!al system+ the

administration of :ustice or related matters3

-. Appear at a public hearin! before an official body concerned with matters relatin! to the law+

the le!al system the administration of :ustice or related matter.

. "n!a!e in other acti9ities if such acti9ities do not detract from the di!nity of the :udicial office

or otherwise interfere with the performance of :udicial duties.

*y entertainin! a liti!ant in his home and recei9in! benefits !i9en by said liti!ant + respondent

miserably failed to li9e up to the standard of :udicial conduct. A :ud!e must assiduously

protect the ima!e of his e>alted office. 8C.Ling and Sons $ompany, Inc. vs. Fontanosas, )dm.

1atter 3o. TC"<"+-<;, <7;+;<<@=

Loa%s Pro"#=#!e& U%&er !"e Co%s!#!u!#o%

A :ud!e should a9oid ta=in! or recei9in! loans from liti!ants

%o loan+ !uaranty+ or other form financial accommodation for any business purpose may be

!ranted directly or indirectly+ by any !o9ernment<owned or controlled ban= or financial

instruction to the President+ the 9ice<president+ the embers of the Cabinet+ the Con!ress+ theSupreme Court+ and the Constitutional Commissions+ the 'mbudsman+ or to any firm or entity

in which they ha9e controllin! interest+ durin! their tenure. 8)rt JI, Sec. +A, +7-6

$onstitution=

Acceptance of !ifts !i9en by reason of the office of the &ud!e is indirect bribery. Art 21(

7evised Penal Code



• hen a :ud!e a!rees to perform an act constitutin! a crime in connection with the performance

ofhis official duties in consideration of any offer+ promise+ !ift or present recei9ed by such officer+

he is !uilty of direct bribery.

• The :ud!e is liable criminally for directly of indirectly recei9in! !ifts+ present or other pecuniary

or material benefit+ for himself or for another under conditions pro9ided in Section -+ #b$ and #c$ of the law. ">cepted are unsolicited !ifts or presents of small 9alue offered or !i9en as a mere

ordinary to=en of !ratitude or friendship accordin! to local custom or usa!e. 8Section +@, )

<+7=

Br#=er/5 D#rec! or I%&#rec!

Acceptance of !ifts !i9en by reason of the office of the :ud!e is indirect bribery *)rt. ;++

evised Penal $odeand when he a!rees to perform an act constitutin! a crime in connection with the

performance of his official duties in consideration of any offer+ promise+ !ift or present recei9ed by

such officer+ he is !uilty of direct bribery *)rt. ;+< evised Penal $ode.

ANTI4GRAFT AND CORRUPT PRACTICES ACT

General 7ule8

Ender RA 30+ the :ud!e is liable criminally for directly or indirectly re;uestin! or recei9in! !ifts+

present or other pecuniary or material benefit for himself or for another under conditions pro9ided in

Section -+ #b$ and #c$ of the law.

9:ception8

Ensolicited !ifts or presents of small 9alue offered or !i9en as a mere ordinary to=en of !ratitude or

friendship accordin! to local custom or usa!e.

8Section +@ ) <+7=

'o#& Do%a!#o%s U%&er T"e C#1# Co&e

Donations !i9en to a :ud!e or his wife+ descendants or ascendants by reason of his office or by him onaccount of his office are 1o#& *)rt. 67, $ivil $ode. 'wnership does not pass to the done. oney or

property donated is reco9erable by the door+ his heirs or creditors.

The :ud!e may be liable forB > > > Di9ul!in! 9aluable information of a confidential character+

ac;uired by his office or by him on account of his official or by him on account of his official

position to unauthori?ed persons+ or releasin! such information in ad9ance of its authori?ed

release due. 8Section 8H= ) <+7=

iolation of the rule may also lead to 7re9elation of secrets by an officer8 or to 7re9elation of

the secrets of a pri9ate indi9idual8 punishable by Articles 22F and 2! of t$e 7evised Penal

Code res9ec!#1e/<

"9ery public officer+ includin! :ud!es are re;uired to file a true+ detailed and sworn statement

of the amounts and ser9ices of income+ the amounts of their personal and family e>penses and

the amount of income ta>es paid for the nest precedin! calendar year. This is filed within I

days after assumin! office and thereafter on or before the ,0 th day of April followin! the close

of e9ery calendar year+ as well as upon e>piration of his term of office+ or upon resi!nation+ or

separation from office. Section 2+ RA I,5$

The 9iolation of Section 2 of said law will ma=e the officer liable for imprisonment andKor

fine. iolation is also sufficient !round for remo9al or dismissal of a public officer e9en if no

criminal prosecution is instituted.#Section 5+ RA I,5$



The constitution prohibits officers and employees in the Ci9il Ser9ice from en!a!in! directly

or indirectly+ in any electioneerin! or partisan political campai!n. Sec!#o% 2 :@; Ar!< I) 85

Co%s!#!u!#o%

CA545 %. 9J<A3+6

9nsuring euality of treatent to all before t$e courts is essential to t$e due perforance of

t$e udicial office.

1. o be aare of( an understand diversity in society and differences arising fro various

sources including but not liited to race( color( se:( religion national origin( caste(

disability( age( arital status( se:ual and econoic status and ot$er lie causes?

2. 5ot to anifest bias or preudice toards any person or group on irrelevant grounds in t$e

perforance of udicial duties?

!. o carry our udicial duties it$ appropriate consideration for all persons( suc$ as t$e

parties( itnesses( layers( court staff and udicial colleagues( it$out differentiation on

any irrelevant ground( iaterial to t$e proper perforance of suc$ duties?". 5ot to noingly perit court staff or ot$ers subect to $is or $er influence( direction or

control to differentiate beteen before t$e udge on any irrelevant ground?

%. o reuire layers in proceedings before t$e court to refrain fro anifesting( by ords or

conduct( bias or preudice based on irrelevant.

CA545 D. C40P995C9 A5= =+3+G95C9

Copetence and diligence are prereuisites to t$e due perforance of udicial office.

1. $at t$e udicial duties of a udge tae precedence over all ot$er activities?2. o devote t$eir professional activity to udicial duties( $ic$ include not only t$e

perforance of udicial functions and responsibilities in court and t$e aing of decisions(

but also ot$er tass relevant to t$e udicial office of t$e court,s operations?

!. o tae reasonable steps to aintain and en$ance t$eir noledge( sills and personal

ualities necessary for t$e proper perforance of udicial duties( taing advantage for t$is

purpose of t$e training and ot$er facilities $ic$ s$ould be ade available( under udicial

control( to udges?

". o eep t$eselves infored about relevant developents of international conventions and

ot$er instruent establis$ing $uan rig$ts nors?

%. o perfor all udicial duties including t$e delivery of reserved decisions( efficiently( failry

and it$ reasonable proptness?

D. o aintain order and decoru in all proceedings before t$e court and be patient( dignified and courteous in relation to litigants( itnesses( layers and ot$ers it$ $o t$e udge

deals in t$eir official capacity and to reuire siilar conduct to legal representatives( court

staff and ot$ers subect to t$eir influence direction or control?

E. 5ot to engage in conduct incopatible it$ t$e diligent disc$arge of udicial.

NOTES AND CASES7



)t was held that co!ni?ant of the caseload of :ud!es and mindful of the pressure of their wor=+

the Supreme Court almost always !rants re;uests for e>tension of time to decide cases. Ahea9y caseload may e>cuse a :ud!e@s failure to decide cases within the re!lementary period+

but not his or her failure to re;uest an e>tension of time within which time to decide the same

on time+ i.e. before the espiration of the period to be e>tended. 8e!uest of Cudge Imma Mita

1asamayor, ).1. 3o. 77"+"+A, T$ Cune ;+, +777=

The Supreme Court has always considered the failure of a :ud!e to decide a case within there!lementary period as (R'SS )%"FF)C)"%C and imposed either fine or suspension from

ser9ice without pay for such the fines imposed 9ary in each case+ dependin! chiefly on the

number of cases not decided and other factors to with the presence of a!!ra9atin!

circumstances J the dama!e suffered by the parties as a result of the delay and health a!e of

the :ud!e+ etc. 8Bernardo vs. Cudge )melia 'abros, ).1. 39. 1TC"77"++-7, 1ay +;, +777=

The court a!rees with the Court Administrator@s findin!s that respondent@s e>planation for the

delay in renderin! :ud!ment in this case is flimsy because respondent could ha9e caused the

preparation of his computer malfunctioned. At any rate+ respondent could also ha9e as=ed

from this Court for an e>tensuion of time within which to render :ud!ment instead of :ust

allowin! the I<day period to e>pire. 8)tty. Coselito ), 9liveros vs. Cudge omulo G.

$arteciano 8et.=D ).1. 3o. 1TC"<;"+@<7, )pril 5, ;<<;=

A :ud!e may not be disciplined for error or :ud!ment unless there is proof that the error is

made with a conscious and deliberate intent to commit an in:ustice. 8Pantig vs. aing, Cr., et

al., ).1. 3o. TC"<"+67+, <6<-;<<@=

)t is settled that a :ud!e@s failure to interpret the law or to property appreciated the e9idence

presented does not necessarily render him administrati9ely liable. 'nly :udicial erros tainted

with fraud+ dishonesty+ !ross i!norance+ bad faith+ or deliberate intent to do an in:ustice will be

administrati9ely sanctioned. To hold otherwise would be to render :udicial office untenable+

for no one called upon to try the facts or interpret the law in the process of administerin!

:ustice can be infallible in his :ud!ment. 8$epeda vs. $loribel"Purungganan, ).1. 3o. TC"

<@"+-AA, <6<;<<@=

Competence is a mar= of a !ood :ud!e. 6e should not stop studyin! for the law is dynamic. )t

!rows and !rows. Thus a :ud!e should be con9ersant with the law and its amendments. 82ope(

vs. 'ernande(, 77 S$) A<=

6e should act partially and beyond suspicion and must =eep abreast of the latest laws.

8>as!ue( vs. 1alvar, -5 S$) +<=

A :ud!e should be fully ac;uainted with le!al norms and precepts and with the statues and

procedural rules. 8e la $ru( vs. 'ebrero, -; S$) 67=

A !o9ernment of laws+ not of men e>cludes the e>ercise of broad discretionary powers by

those actin! under its authority. Ender this system+ :ud!es are !uided by the REL" 'F LA+

and ou!ht to protect and enforce it without fear or fa9or+ > > > courts are not concerned with

the wisdom+ efficacy of morality of law. 8People vs. >eneracion, S$) ;@@=

%o decision shall be rendered by any court without e>pressin! therein clearly and distinctly

the facts and the law on which it is based. %o petition for re9iew or motion for reconsideration of a decision of the court shall be refused

due course or denied without sharin! the le!al basis therefore. Art. )( Sec. 1"( 1F)E

Constitution

">treme care should be made in the ma=in! of the dispositi9e portion of the decision for that

is the part of the decision which is to be implemented. 8Santos vs. Paguio, ;;6 S$) 66<D

Padua vs. obles, AA S$) @-5



A :ud!e should be patient+ attenti9e courteous to lawyers+ liti!ants witnesses and other

appearin! before the court. 6e should a9oid contro9ersial tone and considerate and be awarethat disrespect to lawyers !enerates disrespect to :ud!es. )f a :ud!e desires not to be insulted+

he should use temperate lan!ua!e himself3 he who sows the wind will reap a storm.

8'ernande( vs. Bello, +<6 Phil ++@A=

Patience and !ra9ity of hearin! is an essential of :ustice3 and an o9er<spea=in! :ud!e is no

well<tuned cymbal. )t is no !race to a :ud!e to show ;uic=ness of conceit in cuttin! of counselto short. Restraint still is a trait desirable in those who dispense :ustice. 84sasi vs. 'ernande(,

;A S$) @<7D elgra, #r. vs. Gon(ales, + S$) ;6=

A :ud!e should not allow himself to be mo9ed by pride+ pre:udice+ passion or pettiness in the

performance of his duties. 8)utria vs. Kuel, ;< S$) +;A<=

The alle!ed dero!atory remar=s uttered by respondent a!ainst *ranch 1+ TCC+ Cebu City

could ha9e been uttered demeanin! words a!ainst her and that their action was not intentional

and in bad faith. 83avarro vs. Tormis, ).1. 3o. 1TC"<<"+6, <@;6;<<@=

The :ud!e shall at all times remain in full control of the proceedin!s in his sala and should

follow the time limit set and for decidin! cases or resol9in! motions. )t is elementary that a

:ud!e must be con9ersant with basic le!al principles and procedures. Amon! other thin!s+ he

is e>pected to =eep this own record of cases and to note therein their status so that he may act

on them accordin!ly and promptly. Enreasonable delay in resol9in! a pendin! incident is

9iolation of the norms of :udicial conduct. 8eport on Cudicial )udit $onducted in the 1$T$" )P), Surigao del 3orte, <<;<<@=

%eedles to say+ :ud!es should respect the orders and decisions of hi!her tribunals+ much more

so this Court form which all other courts should ta=e their bearin!s. A resolution of the

Supreme Court is not be construed as a mere re;uest and should not be complied with

partially+ inade;uately or selecti9ely.8'ernande( vs. Famoy, ).1. 3o. TC"<@"+-;+,

<-+;;<<@=

)n the case absence of proof that &ud!e Cana deliberately delayed the resolution of the

annulment case+ we accept his e>planation as satisfactory and e>onerate him from any

administrati9e liability. 89ffice of the $ourt )dministrator vs. Cavellana, et al, ).1. 3o. TC"

<;"+66, <7<7;<<@= A :ud!e cannot choose his deadline for decidin! cases pendin! before him without an

e>tension !ranted by this Court. The Code of &udicial Conduct mandates :ud!es to attend

promptly to the business of the court and decide cases within the periods prescribed by law

and the Rules. Ender the ,542 Constitution+ lower court :ud!es are also mandated to decide

cases within 5I days from submission. Respondent :ud!e should ha9e =nown that all he had to

do was to as= this Court for a reasonable e>tension of time to dispose of this cases.

The failure of his cler= of court of call his attention to the cases submitted for decision+ the

inability of his officer<in<char!e to properly mana!e the daily court acti9ities and all the

e>cuses he !a9e are not acceptable to us. A :ud!e cannot ta=e refu!e behind the inefficiency or

mismana!ement of his court personnel since they are not responsible for his :udicial functions.

'n the contrary+ a :ud!e should be the master of his own domain and ta=e responsibility for

the mista=es of his subordinates. 89ffice of the $ourt )dministrator vs. Cavellina , et al., ).1. 3o. TC"<;"+66, <7<7;<<@=

Grou%&s For I%!er1e%!#o% B/ A Ju&ge I% Ea$#%a!#o% Of .#!%esses

,. To promote :ustice

-. Pre9ent waste of time

. Clear up ambi!uities



*ut inter9ention must be done by a :ud!e with circumspection+ sparin!ly+ for clarification and

not to build care for one of the parties.

)t is the duty of all court employees from the presidin! :ud!e to the lowliest cler= to maintain

the court@s !ood name and standin! as the temple of :ustice. The court condemns and would

ne9er countenance any conduct+ act or omission on the part of all those in9ol9ed in the

administration of :ustice+ which would 9iolate the norm of public accountability and diminishor e9en :ust tend to diminish the faith of the people in the :udiciary. 81onserate vs. )dolfo,

).1. 3o. P"<@"+-;, <6+;;<<@=

6owe9er+ the respondent@s conduct on the whole may only be characteri?ed as plain and

simple discourtesy. After all+ apart from the sarcastic words she uttered+ she did not raise her

9oice at the complainant. Public officials and employees are under obli!ation to perform the

duties of their offices honestly+ faithfully+ and to the best of their ability. They+ as recipients of

the public trust+ should demonstrate courtesy+ ci9ility+ and self<restraint in their official

actautions to the public at all times e9en when confronted with rudeness and insultin!

beha9ior. 83arvasa"Lampana vs. Cosue, ).1. 3o. ;<<@"<7"S$, <A"<";<<@=

&ud!es are char!ed with the administrati9e responsibility of or!ani?in! and super9isin! his

court personnel top secure the prompt and efficient dispatch of business+ re;uirin! at all times

the obser9ance of hi!h standards of public ser9ice and fidelity. )ndeed+ he is ultimatelyresponsible fro ensurin! that court personnel perform their tas=s and that the parties are

promptly notified of his orders and decisions. )t is his duty to de9ise an efficient recordin! and

filin! system in his court to enable him to monitor the flow of cases and to mana!e their

speedy and timely disposition.

embers of the :udiciary ha9e the sworn duty to administer :ustice without undue delay. A

:ud!e who failed to do so has to suffer the conse;uences of his omission. Any delay in the

disposition of case undermines the people@s faith in the :udiciary. 8'ernande( vs. Famoy, ).1.

3o. TC"<@"+-;+, <-+;;<<@=

Delay in the disposition of cases undermines the people@s faith and confidence in the :udiciary.

6ence+ :ud!es are en:oined to decide the cases with dispatch. Their failure to do so constitutes

!ross inefficiency and warrants the imposition of administrati9e sanctions on them. 8Bueno vs.

imangdap, ).1. 3o. 1TC"<;"+@A;. <7+<;<<@=

"9ery court has the inherent power amon! others+ to preser9e and enforce orders in its

immediate presence+ to compel obedience to its :ud!ments+ orders and processes and to

control+ in furtherance of :ustice+ the conduct of its+ ministerial officers. *See also Secs. ;- N

;7D ule +- ules of $ourt

DISCIPLINE OF JUDGES

Jur#s&#c!#o% O1er Err#%g (e$=ers of !"e Be%c"

The Supreme Court shall lea9e administrati9e super9ision o9er all courts and the personnel

thereof 8Sec. A, )rt. >III +7-6 $onstitution=. The Supreme Court en banc shall ha9e the power

to discipline :ud!es of lower courts+ or order their dismissal by a 9ote of a ma:ority of the

embers who actually too= part in the deliberations on the issues in the case and 9oted

thereon 8Second Sentence, Sec. ++ )rt. >III, +7-6 $onstitution=



The inferior courts #TCs$ are not empowered e9en :ust to suspend an attorney+

althou!h they may cite or hold a lawyer in contempt of court for contemptuous acts.

&ustices and :ud!es+ who are also lawyers+ may also be disbarred of found !uilty of certain

crimes and K or of the causes for disbarment under the Rules of Court.

&ustices of the Supreme Court howe9er may not be disbarred unless and until they shall ha9e

been first impeached in accordance with the Constitution. The same is true with the other

impeachable offi9ers who are members of the bar.

*efore a ci9il or a criminal action a!ainst a :ud!e for 9iolation of Articles -I/ and

-I0+ Re9ised Penal Code+ can be entertained+ there must first be a 7Final and

Authoritati9e :udicial declaration8 that the decision or order is indeed 7un:ust.8 The

pronouncement may result from eitherB #a$ an action for certiorari or prohibition in a

hi!her court impu!nin! the 9alidity of :ud!ment3 or #b$ an administrati9e proceedin!s

in the Supreme Court a!ainst the :ud!e precisely for promul!atin! an un:ust :ud!ment

or order. 8e >era vs. Pelayo, 5 S$) ;-+=

.HEN (A, A JUDGE BE LIABLE

C#1#5 cr#$#%a a%& a&$#%#s!ra!#1e #a=##!/7

,. alfeasance

-. isfeasance

. Hnowin!ly renderin! un:ust :ud!ment

/. alicious delay the administration of :ustice

0. (i9in! pri9ate unwarranted benefit in the e>ercise of :udicial function

A&$#%#s!ra!#1e L#a=##!#es of Ju&ges

,. Serious misconduct

-. (ross inefficiency

I%s!a%ces Of Ser#ous (#sco%&uc!

,. Failure to deposit funds with the municipal treasurer or to produce them despite his promise todo so

-. isappropriation of fiduciary funds #proceeds of cash bail bond$ by depositin! the chec= in

his personal account+ thus con9ertin! the trust fund into his own use

. ">tortin! money from a party<liti!ant who has a case before his court

/. Solicitation of donation for office e;uipment

0. Enlawful solicitation in 9iolation of RA 12,1. Fre;uent unauthori?ed absences in office

2. Falsification of Certificate of Ser9ice to collect salary

4. Declarin! ednesday as non<session days which the :ud!e declares as his 7mid<wee= pause8

5. )ndefinite postponement for se9eral years of a criminal case pendin! in his sala

,I. &ud!e po=in! his !un to another in a restaurant while in a state of into>ication

,,. Pistol< whippin! the complainant on the latter@s left place without any :ustification.,-. Esin! intemperate lan!ua!e unbecomin! of a :ud!e

I%s!a%ces of Gross I%eff#c#e%c/

,. Enduly !rantin! repeated motions for postponement of a case3

-. Enawareness of or unfamiliarity with the application of )ndeterminate Sentence Law and the

duration and !raduation of penalties3

. (ross incompetence and !ross i!norance of the law3



/. Reducin! to a ridiculous amount the bail bond of the accused in a murder case thus enablin!

him to escape the toils of the law3

0. )mposin! a penalty of subsidiary imprisonment on a party for failure to pay ci9il indemnity in

9iolation of RA 0/103

1. )ssuin! a warrant of arrest in a case which is clearly ci9il in nature32. Failure to dismiss a complaint which has prescribed3

4. 'ppression or unwarranted display of authority35. )mposin! the wron! penalty to the crime char!ed and pro9en3

,I. Failure to comply with the basic prere;uisites for the issuance of a search warrant3

,,. Dismissin! a criminal case based on the principle of 7in pari delicto8 J a ci9il law principle3

,-. )ncludin! e>ecution in the :ud!ment itself3

,. (rantin! an "><parte otion For ">ecution in e:ectment case without notice to ad9erse party3

and

,/. %on<feasance of &ud!esQ%o :ud!e or court+ shall decline to render :ud!ment by reason+ of the

silence+ obscurity or inefficiency of the laws. *)rticle 7, civil code

C#1# L#a=##!#es of Ju&ges #% Rea!#o% !o T"e#r Off#c#a Fu%c!#o%s

Any public officer or employee+ or any pri9ate indi9idual+ who directly or indirectly obstructs+

defeats+ 9iolates or in any manner impedes or impairs the ci9il ri!hts and liberties of personsshall be liable for dama!es. *)rticle ; $ivil $ode

The responsibility for dama!es is not howe9er demandable of :ud!es e>cept when the act or

omission of the :ud!e constitutes a 9iolation of the Penal Code or other penal statute. *)rticle

;, last part $ivil $ode

&ud!e is ci9illy liable for willfully or ne!li!ently renderin! a decision which causes dama!e to

another. *)rticle ;<, $ivil $ode

&ud!e is ci9illy liable for dama!es for refusin! or ne!lectin! to decide a case causin! loss to a

party.*)rticle ;6 3ew $ivil $ode

D#sa=##!#es of Ju&ges U%&er !"e C#1# Co&e

&ud!es cannot purchase properties sub:ect of liti!ation in his court.

Donations made to a :ud!e+ his wife+ descendants and ascendants by reason of his office are

9oid Art. 25 of Ci9il Code.

Cr#$#%a L#a=##!#es of Ju&ges

&ud!es may be held liable for malfeasance for =nowin!ly renderin!3

,. En:ust :ud!ment3

-. &ud!ment rendered throu!h ne!li!ence3. En:ust interlocutory :ud!ment3 and

/. aliciously delayin! the administration of :ustice.

Ee$e%!s of U%us! Ju&g$e%!

,. 'ffender is a :ud!e3

-. That he renders a :ud!ment in a case submitted to him for decision3

. That the :ud!ment is un:ust3

/. That the :ud!e =nows that his :ud!ment is un:ust.

)f the decision rendered by the :ud!e is still on appeal+ the :ud!e cannot e dis;ualified on the

!round of =nowin!ly renderin! an un:ust :ud!ment. 8)bad vs. Bla(a, +@5 S$)=.



Ee$e%!s of Ju&g$e%! Re%&ere& T"roug" Neg#ge%ce

,. 'ffender is a :ud!e

-. That he renders a :ud!ment in a case submitted to him for decision.

. That the :ud!ment is manifestly un:ust./. That it is due to his ine>cusable ne!li!ence or i!norance.

%e!li!ence and i!norance are ine>cusable if they imply a manifest in:ustice which cannot be

e>plained by reasonable interpretation. 8In re $limaco, 55 S$) +<6=

PROCEDURE FOR DISCIPLINE

,. Char!es must be in writin! and must set out facts constitutin! serious misconduct or inefficiency.

-. Sworn to and supported by affida9its.

. %ot entertain anonymous complaints e>cept in case in which char!es could be fully borne by

public records of indubitable inte!rity and matter in9ol9ed is of public interest.

/. )f the char!e is meritorious+ a copy ser9ed on the respondent re;uirin! him to answer within ,I

days from date of ser9ice.0. )f not+ it must be dismissed by SC.1. here facts show liability+ he may be disciplined e9en without further in9esti!ation in accordance

with 7res ipsa lo;uitor.8

2. The court must assi!n a hearin! officer to conduct in9esti!ation+ recei9e e9idence of parties and

submit report of findin!s of facts on which court bases its action e9en if complaint is withdrawn.

4. Entil final resolution proceedin! a!ainst :ud!ment remain pri9ate and confidential.

UANTU( OF E'IDENCE REUIRED

< +peac$ent proceedings against udges. Penal in nature !o9erned by rules on criminal case and

therefore re;uires proof beyond reasonable doubt.

2< 0isconduct. Reliable e9idence showin! that :udicial actions are corrupt or inspired by intent to

9iolate law or in persistent disre!ard of le!al rules.

IN'ESTIGATION OF JUDGES

&ustices and &ud!es may not be in9esti!ated under the !rie9ance procedure in 7ule 1!F#/( Section

1 of t$e 7evised 7ules of Court. Complaints a!ainst :ustices and :ud!es are filed with the

Supreme Court which has a administrati9e super9ision o9er all courts.

As a matter of practice+ the Supreme Court has assi!ned complaints a!ainst unicipal or

etropolitan Trail &ud!es to an ">ecuti9e &ud!e of a Re!ional Trial Court and complaints a!ainst

:ud!es of Re!ional Trial Courts to a :ustice of the Court of Appeals+ while a complaint a!ainst a

member of the Court of Appeals would probably be assi!ned to a member of the Supreme Courtfor in9esti!ation+ report and recommendation.

Re#%s!a!e$e%! of Ju&ge Pre1#ous/ D#sc#9#%e& %o indication that he is inspired by corrupt moti9es or reprehensi9e purpose to set the !uilty

free.

Fac!ors To Be Co%s#&ere&

,. Ensullied %ame and ser9ice of record prior to dismissal

-. Commitment to a9oid situation that spur suspicion of arbitrary conditions.



. Complainant mellowed down in pushin! from his remo9al

/. Len!th of time separated from ser9ices.

A :ud!e is criminally liable for causin! an undue in:ury to a person or !i9in! any pri9ate party

an unwarranted benefit+ ad9anta!e or preference in the dischar!e of his official function

throu!h manifest partially+ e9ident bad faith and !ross ine>cusable ne!li!ence. *Section 8e=,

. ). <+7

4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4

O& a%& Ne Co&es of Ju&#c#a E!"#cs

CODE OF JUDICIAL CONDUCT:8;

PREA(BLE

An honorable competent and independent :udiciary e>ists to administer :ustice and thus promote the

unity of the country+ the stability of !o9ernment+ and the well<bein! of the people.

CANON A JUDGE SHOULD UPHOLD THE INTEGRIT, AND INDEPENDENCE OF

THEJUDICIAR,

RULE

0 A :ud!e should be the embodiment of competence+ inte!rity and independence.

02 A :ud!e should administer :ustice impartially and without delay.

03 A :ud!e should be 9i!ilant a!ainst any attempt to sub9ert the independence of the :udiciaryand should forthwith resist any pressure from whate9er source intended to influence the

performance of official functions.

CANON 2 A JUDGESHOULD A'OID I(PROPRIET, AND THE APPEARANCE OF

I(PROPRIET, IN ALL ACTI'ITIES

RULE

20 A :ud!e should so beha9e at all times as to promote public confidence in the inte!rity and

impartially of the :udiciary.

202 A :ud!e should not see= publicity for personal 9ain!lory.

203 A :ud!e shall not allow family+ social+ or other relationships to influence :udicial conduct or

:ud!ment. The presti!e of ad9ance the pri9ate interests of others+ nor con9ey the impression

that they are in a special position to influence the :ud!e.



20@ A :ud!e should refrain from influencin! in any manner the outcome of liti!ation or dispute

pendin! before another court or administrati9e a!ency.

CANON 3 A JUDGE SHOULD PERFOR( OFFICIAL DUTIES HONESTL,5 AND .ITH

I(PARTIALIT, AND DILIGENCE

ADJUDICATI'E RESPONSIBILITIES

Rue

3< A :ud!e shall be faithful to the law and maintain professional competence.

3<2 )n e9ery case+ a :ud!e shall endea9or dili!ently to ascertain the facts and the

applicable law unswayed by partisan interests+ public option or fear of criticism.

3<3 A :ud!e shall maintain order and proper decorum in the court.

3<@ A :ud!e should be patient+ attenti9e+ and courteous to lawyers+ especially the

ine>perienced to liti!ants+ witnesses+ and others appearin! before the court. A :ud!e

should a9oid unconcoiusly failin! into the attitude of mind that the liti!ants are madefor the courts+ instead of the courts for the liti!ants.

3< A :ud!e shall dispose of the court@s business promptly and decide cases within the

re;uired periods.

3< hile a :ud!e may+ to promote :ustice+ pre9ent waste of time or clear up someobscurity+ properly inter9ene in the presentation of e9idence durin! the trial+ it should

always be borne in mind that undue interference may pre9ent the proper presentation

of the cause or the ascertainment of truth.

3< A :ud!e should abstain from ma=in! public comments on any pendin! or impendin!

case and should re;uire similar restraint on the part of court personnel.

AD(INISTRATI'E RESPONSIBILITIES

3<8 A :ud!e should dili!ently dischar!e administrati9e responsibilities+ maintain

professional competence in court mana!ement+ and facilitate the performance of the

administrati9e functions or other :ud!es and court personnel.

3< A :ud!e should or!ani?es and super9ise the court personnel to ensure the prompt and

efficient dispatch of business+ and re;uire at all times the obser9ance of hi!h standards

of public ser9ice and fedility.

3<0 A :ud!e should appoint commissioners+ recei9ers+ trustees+ !uardians+ administrators

and others strictly on the basis of merit and ;ualifications+ a9oidin! nepotism and

fa9oritism. Enless otherwise allowed by law+ the same criteria should be obser9ed in

recommendin! appointment of court personnel. here the payment of compensationis allowed+ it should be reasonable and commensurate with the fair 9alue of ser9ices

rendered.

DISUALIFIACTIONS

3< A :ud!e should ta=e no part in a proceedin! where the :ud!e@s impartiality mi!ht

reasonably be ;uestioned. These cases include amon! others+ proceedin!s whereB

#a$ The :ud!e has personal =nowled!e of disputed e9identiary facts concernin!

the proceedin!3



#b$ The :ud!e ser9ed as e>ecutor+ administrator+ !uardian+ trustee or lawyer in

the case or matter in contro9ersy+ or a former associate of the :ud!e ser9ed

as counsel durin! their association+ or the :ud!e or lawyer was a material

witnesses therein3

#c$ The :ud!e@s rulin! in a lower court is the sub:ect of re9iew.#d$ The :ud!e is related by consan!uinity or affinity to a party liti!ant within

the si>th de!ree or to counsel within the fourth de!ree3#e$ The :ud!e =nows the :ud!e@s spouse or child has a financial interest+ as heir+

le!atee+ creditor+ fiduciary+ or otherwise in the sub:ect matter in contro9ersy

or in a party to the proceedin!+ or any other interest that could be

substantially affected by the outcome of the proceedin!.

)n e9ery instance+ the :ud!e shall indicate the le!al reason for inhibition.

RE(ITAL OF DISUALIFICATION

3<2 A :ud!e dis;ualified by the terms of rule .,, may+ instead of withdrawin! from the

proceedin!+ disclose on the record the basis of dis;ualification. )f+ bases on such

disclosure+ the parties and lawyers independently of :ud!e@s participation+ all a!ree inwritin! that the reason for the inhibition is immaterial or insubstantial+ the :ud!e may

then participate in the proceedin!. The a!reement+ si!ned by all parties and lawyers+

shall be incorporated in the record of the proceedin!.

CANON @ A JUDGE (A,5 .ITH DUE REGARD TO OFFICIAL DUTIES5 ENGAGE IN

ACTI'ITIES TO I(PRO'E THE LA.5 THE LEGAL S,STE( AND THE

AD(INISTRATI'E OF JUSTICE<

Rue

@< A :ud!e may+ to the e>tent that the followin! acti9ities do not impair the performanceof :udicial duties or cast doubt on the :ud!e@s impartially3

a. Spea=+ write+ lecture+ teach or participate in acti9ities concernin! the law3

the le!al system and the administration of :ustice3

b. Appear at a public hearin! before a le!islati9e or e>ecuti9e body on mattersconcernin! the law+ the le!al system or the administrati9e of :ustice and

otherwise consult with them on matters concernin! the administration of

:ustice3

c. Ser9e on any or!ani?ation de9oted to that impro9ement of the law+ the le!al

system or the administration of :ustice.

CANON A JUDGE SHOULD REGULATE E)TRA4JUDICIAL ACTI'ITIES TO

(INI(I6E THE RIS OF CONFLICT .ITH JUDICIAL DUTIES

AD'OCATIONAL CI'IC AND CHARITABLE ACTI'ITIES

Rue



< A :ud!e may en!a!e in the followin! acti9ities pro9ided that they do not interfere with the

performance of :udicial duties or detract from the di!nity of the courtB

#a$ write+ teach and spea= on non<le!al sub:ects3#b$ en!a!e in the arts+ sports and other special recreational acti9ities3

#c$ participate in ci9ic and charitable acti9ities3#d$ ser9e as an officer+ director+ trustee+ or non<le!al ad9isor of a non<profit or non<political

educational+ reli!ious+ charitable+ fraternal+ or ci9ic or!ani?ation.

FINANCIAL ACTI'ITIES

<2 A :ud!e shall refrain from financial and business dealin! that lend to reflect ad9ersely on the

court@s impartiality+ interfere with the proper performance of :udicial acti9ities or increase

in9ol9ement before the court. A :ud!e should so mana!e in9estments and other financial

interests as to minimi?e the number of cases !i9in! !rounds for dis;ualifications.

<3 Sub:ect to the pro9isions of the proceedin! rule+ a :ud!e may hold and mana!e in9estments but

should not ser9e as officer+ director+ mana!er or ad9isor+ or employee of any business e>ceptas director of a family business of the :ud!e.

<@ A :ud!e or any immediate member of the family shall not accept a !ift+ be;uest+ factor or loan

from any one e>cept as may be allowed by law.

< %o information ac;uired in a :udicial capacity shall be sued or disclosed by a :ud!e in any

financial dealin! or for any other purpose not related to :udicial acti9ities.

FIDUCIAR, ACTI'ITIES

< A :ud!e should not ser9e as the e>ecutor+ administrator+ trustee+ !uardian+ or other fiduciary+

e>cept for the estate+ trusts+ or person of a member of the immediate family+ and then only if such ser9ice will not interfere with the proper performance of :udicial duties. 7ember of

immediate family8 shall be limited to the spouse and relati9es within the second de!ree of

consan!uinity. As a family+ a :ud!e shall notB

#a$ ser9e in proceedin!s that mi!ht come before the court of said :ud!e3 or

#b$ act as such contrary to rules 0.I- to 0.I0

PRACTICE OF LA. AND OTHER PROFESSION

< A :ud!e shall not en!a!e in the pri9ate practice of law. Enless prohibited by the Constitutionor law+ a :ud!e may en!a!e in the practice of any other profession pro9ided that such practice

will not conflict or tend to conflict with :udicial functions.

FINANCIAL DISCLOSURE

<8 A :ud!e shall ma=e a full financial disclosure as re;uired by law.

< A :ud!e shall not accept appointment or desi!nation to any a!ency performin! ;uasi<:udicial

or administrati9e functions.

POLITICAL ACTI'ITIES



<0 A :ud!e is entitled to entertain personal 9iews on political ;uestions. *ut to a9oid suspicion of

political partisanship+ a :ud!e shall not ma=e political speeches+ contribute to party funds+

publicly endorse candidates for political office or participate in other partisan political

acti9ities.

NE. CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE

JUDICIAR,A<( NO< 0340404SC5

PROO(ULGATED B, THE SUPRE(E COURT ON APRIL 25 200@

CANON

INDEPENDENCE

&udicial independence is a pre<re;uisite to the rule of law and a fundamental !uarantee of a

fair trial. A :ud!e shall therefore uphold and e>emplify :udicial independence in both its

indi9idual and institutional aspects.

Sec< &ud!es shall e>ercise the :udicial function independently on the basis of their assessment of the

facts and in accordance with a conscientious understandin! of the law+ free of any e>traneous

influence+ inducement+ pressure+ threat or interference+ direct or indirect from any ;uarter or

for any reason.

Sec< 2 )n performin! :udicial duties+ &ud!es shall be independent from :udicial collea!ues in respect

of decisions which the :ud!e is obli!ed to ma=e independently.

Sec< 3 &ud!es shall refrain from influencin! in any manner the outcome of liti!ation or dispute

pendin! before another court or administrati9e a!ency.

Sec< @ &ud!es shall not allow family+ social+ or other relationships to influence :udicial conduct or

:ud!ment. The presti!e of :udicial office shall not be used or lent to ad9ance the pri9ate

interests of others+ nor con9ey or permit others to con9ey the impression that they are in aspecial position to influence the :ud!e.

Sec< &ud!es shall not only be free from inappropriate connections with+ and influence by+ thee>ecuti9e and le!islati9e branches of !o9ernment+ but must also appear to be free therefrom to

a reasonable obser9er.

Sec< &ud!es shall be independent in relation to society in !eneral and in relation to the particular

parties to a dispute which he or she has to ad:udicate.

Sec< &ud!es shall encoura!e and uphold safe!uards for the dischar!e of :udicial duties in order to

maintain and enhance the institutional and operational independence of the :udiciary.



Sec< 8 &ud!es shall e>hibit and promote hi!h standards of :udicial conduct in order to reinforce public

confidence in the :udiciary which is fundamental to the maintenance of :udicial independence.

CANON 2

INTEGRIT,

)nte!rity is essential not only to the proper dischar!e of the :udicial office but also to the

personal demeanor of :ud!es.

Sec< &ud!es shall ensure that not only is their conduct abo9e reproach+ but that it is percei9ed to be

so in the 9iew of a reasonable obser9er.

Sec< 2 &ud!es shall ensure that his or her conduct+ both in and out of court+ maintains and enhances

the confidence of the public+ the le!al profession and liti!ants in the impartiality of the :ud!e

and of the :udiciary.

Sec< 3 &ud!es shall+ so far as is reasonable+ so conduct themsel9es as to minimi?e the occasions on

which it will be necessary for them to be dis;ualified from hearin! or decidin! cases.

Sec< @ &ud!es shall not =nowin!ly+ while a proceedin! is before+ or could come before them ma=e

any comment that mi!ht reasonably be e>pected to affect the outcome of such proceedin! or

impair the manifest fairness of the process. %or shall :ud!es ma=e any comment in public or

otherwise that mi!ht affect the fair trial of any person or issue.

Sec< &ud!es shall dis;ualify themsel9es from participatin! in any proceedin!s in which they are

unable to decide the matter impartially or in which it may appear to a reasonable obser9er that

they are unable to decide the matter impartially but are not limited to+ instance wherea. The :ud!e has actual bias or pre:udice concernin! a party or personal =nowled!e of

disputed e9identiary facts concernin! the proceedin!s3

b. The :ud!e pre9iously ser9ed as a lawyer or was a material witness in the matter in

contro9ersy3

c. The :ud!e+ or a member of his or her family+ has an economic interest in the outcome of

the matter in contro9ersy3d. The :ud!e ser9ed as e>ecutor+ administrator+ !uardian+ trustee or lawyer in the case or

matter in contro9ersy+ or a former associate of the :ud!e ser9ed as counsel durin! their

association+ or the :ud!e or lawyer was a material witness therein3

e. The :ud!e@s rulin! in a lower court is the sub:ect of re9iew3f. The :ud!e is related by consan!uinity or affinity to a party liti!ant within the si>th ci9il

de!ree or to counsel within the fourth ci9il de!ree3 or !. The :ud!e =nows that his or her spouse or child has a financial interest+ as heir+ le!atee+

creditor+ fiduciary+ or otherwise+ in the sub:ect matter in contro9ersy or in a party to the

proceedin!+ or any other interest that could be substantially affected by the outcome of the

proceedin!s3

Sec< A :ud!e dis;ualified as stated abo9e may+ instead of withdrawin! from the proceedin!+

disclose on the records the basis of dis;ualification. )f+ based on such disclosure+ the parties

and lawyers independently of the :ud!e@s participation+ all a!ree in writin! that the reason for



the inhibition is immaterial or unsubstantial+ the :ud!e may then participate in the proceedin!.

The a!reement+ si!ned by all parties and lawyers+ shall be incorporated in the record of the

proceedin!s.

Sec< &ud!es shall inform themsel9es about their personal fiduciary financial interests and shallma=e reasonable efforts to be informed about the financial interest of members of their family.

Sec< 8 &ud!es shall not use or lend the presti!e of the :udicial office to ad9ance their pri9ate interests+

or those of a member of their family or of anyone else+ nor shall they con9ey or permit others

to con9ey the impression that anyone is in a special position improperly to influence them in

the performance of :udicial duties.

Sec< Confidential information ac;uired by :ud!es in their :udicial capacity shall not be used or

disclosed by for any other purpose related to their :udicial duties.

Sec< 0 Sub:ect to the proper performance of :udicial duties+ :ud!es may

#a$ rite+ lecture+ teach and participate in acti9ities concernin! the law+ the le!al system+ the

administration of :ustice or related matters3

#b$ Appear at a public hearin! before an official body concerned with matters relatin! to thelaw+ the le!al system+ the administration of :ustice or related matters3

#c$ "n!a!e in other acti9ities if such acti9ities do not detract from the di!nity of the :udicial

office or otherwise interfere with the performance of :udicial duties.

Sec< &ud!es shall not practice law whilst the holder of :udicial office.

Sec< 2 &ud!es may form or :oin associations of :ud!es or participate in other or!ani?ations

representin! the interests of :ud!es.

Sec< 3 &ud!es and members of their families shall neither as= for+ nor accept+ any !ift+ be;uest+ loan

or fa9or in relation to anythin! done or to be done or omitted to be done by him or her in

connection with the performance of :udicial duties.

Sec< @ &ud!es shall not =nowin!ly permit court staff or others sub:ect to their influence+ direction or

authority+ to as= for+ or accept+ any !ift+ be;uest+ loan or fa9or in relation to anythin! done or

to be done or omitted to be done in connection with their duties or functions.

Sec< Sub:ect to law and to any le!al re;uirements of public disclosure+ :ud!es may recei9e a to=en!ift+ award or benefit as appropriate to the occasion on which it is made pro9ided that such

!ift+ award of benefit mi!ht not reasonably be percei9ed as intended to influence the :ud!e in

the performance of :udicial duties or otherwise !i9e rise to an appearance of partiality.

CANON

EUALIT,

"nsurin! e;uality of treatment to all before the courts is essential to the due performance of

the :udicial office.



Sec< &ud!es shall be aware of+ and understand+ di9ersity in society and differences arisin! from

9arious sources+ includin! but not limited to race+ color+ se>+ reli!ion+ national ori!in+ caste+

disability+ a!e+ marital status+ se>ual orientation+ social and economic status and other li=e

causes.

Sec< 2 &ud!es shall not+ in the performance of :udicial duties+ by words or conduct+ manifest bias or

pre:udice towards any person or !roup on irrele9ant !rounds.

Sec< 3 &ud!es shall carry out :udicial duties with appropriate consideration for all persons+ such as the

parties witnesses+ lawyers+ court staff and :udicial collea!ues+ without differentiation on any

irrele9ant !round+ immaterial to the proper performance of such duties.

Sec< @ &ud!es shall not =nowin!ly permit court staff or others sub:ect to his or her influence+ direction

or control to differentiate between persons concerned+ in a matter before the :ud!e+ on any

irrele9ant !round.

Sec< &ud!es shall re;uire lawyers in proceedin!s before the court to refrain from manifestin!+ by

words or conduct+ bias or pre:udice based on irrele9ant !rounds+ e>cept such as are le!ally

rele9ant to an issue in proceedin!s and may be the sub:ect of le!itimate ad9ocacy.

CANON

CO(PETENCE AND DILIGENCE

Competence and dili!ence are prere;uisites to the due performance of :udicial office.

Sec< The :udicial duties of a :ud!e ta=e precedence o9er all other acti9ities.

Sec< 2 &ud!es shall de9ote their professional acti9ity to :udicial duties+ which include not only the performance of :udicial functions and responsibilities in court and the ma=in! of decisions+ but

also other tas=s rele9ant to the :udicial office or the court@s operations.

Sec< 3 &ud!es shall ta=e reasonable steps to maintain and enhance their =nowled!e+ s=ills and

personal ;ualities necessary for the proper performance of :udicial duties+ ta=in! ad9anta!e for

this purpose of the trainin! and other facilities which should be made a9ailable+ under :udicialcontrol+ to :ud!es.

Sec< @ &ud!es shall =eep themsel9es informed about rele9ant de9elopments of international law+

includin! international con9entions and other instruments establishin! human ri!hts norms.

Sec<< &ud!es shall perform all :udicial duties+ includin! the deli9ery of reser9ed decisions+ efficiently+fairly and with reasonable promptness.

Sec< &ud!es shall maintain order and decorum in all proceedin!s before the court and be patient+

di!nified and courteous in relation to liti!ants+ witnesses+ lawyers and others with whom the

:ud!e deals in an official capacity. &ud!es shall re;uire similar conduct of le!al

representati9es+ court staff and others sub:ect to their influence+ direction or control.

Sec< &ud!es shall not en!a!e in conduct incompatible with the dili!ent dischar!e of :udicial duties.



DEFINITIONS

)n this code+ unless the conte>t otherwise permits or re;uires+ the followin! meanin!s shall beattributed to the words usedB

&$ourt staff% includes the personal staff of the :ud!e includin! law cler=s.

&Cudge% means any person e>ercisin! :udicial power+ howe9er desi!nated.

&Cudges family% includes a :ud!e@s spouse+ son+ dau!hter in<law+ and any other

relati9e by consan!uinity or affinity within the si>th ci9il de!ree+ or person who is

compassion or employee of the :ud!e and who li9es in the :ud!e@s household.

This Code+ which shall hereafter be referred to as the 3ew $ode of Cudicial $onduct for the

Philippine Cudiciary, supersedes the Canons of &udicial "thics and the Code of &udicial Conduct

heretofore applied in the Philippines to the e>tant that the pro9isions or concepts therein are embodied

in this CodeB provided, however, that in case of deficiency or absence of specific pro9isions in this %ew Code+ the Canons of &udicial "thics and the Code of &udicial Conduct shall be applicable in a

suppletory character.

This 3ew $ode of Cudicial $onduct for the Philippine Cudiciary shall ta=e effect on the firstday of &une -II/+ followin! its publication not later than ,0 ay -II/ in two newspapers of lar!e

circulation in the Philippines to ensure its widest publicity.

4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4

INTEGRATED BAR OF THE PHILIPPINES



%ational or!ani?ation of lawyers created on &anuary ,1+ ,52 under 7ule 1!F#A( 7ules of Court

and constituted on ay /+ ,52 into a body corporate by P.=. 5o. 1)1.

The official national unification of the entire lawyer population of the Philippines. Thisre;uires membership and financial support in reasonable amount of e9ery attorney as conditions

sine ;ua non to the practice of law and the retention of his name in the Roll of Attorneys.

The *oard of (o9ernors shall pro9ide the *y<Laws for !rie9ance procedure for the

enforcement and maintenance of discipline amon! all the members of the )*P+ but no action

in9ol9in! the suspension or disbarment of a member or the remo9al of his name from the Roll of Attorneys shall be effecti9e without the final appro9al of the SC. MRule ,5<A+ Section ,-+ Rules

of CourtN

I%!egra!e& Bar Bar I%!egra!#o%

State mandated oluntary a!!rupation of lawyers

embership is compulsory embership is 9oluntary embership is sine !ua non for

practicin! the profession

%ot mandatory

iolation of the rules on membership is

sufficient cause for disbarment or

suspension of a lawyer from the practice

of law

%ot

Fu%&a$e%!a Pur9oses of !"e IBP

,. To elevate the standards of the le!al profession

-. Improve the administrati9e of :ustice

. "nable the *ar to dischar!e its public responsibilities more effectively 8Sec. ;, ule +7"), ules

of $ourt=

O!"er Pur9oses

,. Assist in the administration of :ustice

-. 'oster and maintain on the part of its members hi!h ideals of inte!rity+ learnin!+ professionalcompetence+ public ser9ice and conduct

. Safeguard the professional interests of its members

/. $ultivate amon! its members a spirit of cordiality and brotherhood

0. Pro9ide a forum for the discussion of law+ :urisprudence+ law reform+ pleadin!+ practice and

procedure and the relations of the *ar to the *ench and to the public+ and publish information

relatin! thereto

1. ?ncourage and foster le!al education

2. Promote a continuin! pro!ram of legal research in substanti9e and ad:ecti9e law+ and ma=e reportsand recommendations thereon.

(e$=ers of !"e I%!egra!e& Bar

The followin! persons are+ automatically without e>ception+ members of the )*PB

,. All lawyers whose names were in the Roll of Attorney@s of the Supreme Court on &anuary ,1+

,523-. All lawyers whose names were included or are entered therein after the said date



Effec! Of No%4Pa/$e%! Of Dues &Subect to t$e provisions of Sec. 22( 7ules of Court'

,. Default in the payment of annual dues for si> months shall warrant suspension of membership in

the )nte!rated *ar

-. Default in such payment for one year shall be a !round for the remo9al of the name of the

delin;uent member from the Roll of Attorneys

'ou%!ar/ Ter$#%a!#o%5 Ho Effec!e& A member may terminate his membership by filin! a written notice to that effect with the

Secretary of the )nte!rated *ar+ who shall immediately brin! the matter to the attention of the

Supreme Court. 8+ st sentence, Sec. ++, ule +7"), ules of $ourt=

Effec! of 'ou%!ar/ Ter$#%a!#o%

Epon brin!in! the matter of 9oluntary termination to the Supreme Court+ the lawyer shall

cease to be a member of the Philippine *ar+ and his name shall be stric=en out from the Roll of

Attorneys in accordance with rules and re!ulations prescribed by the Supreme Court. 8;nd sentence,

ule ++, ule +7"), ules of $ourt=

Re#%s!a!e$e%! of (e$=ers"#9

A delin;uent member remo9ed for non<payment of annual dues may be reinstated after payment of the bac= dues.

Re!#re$e%! fro$ (e$=ers"#9

,. 6a9e attained the a!e of 20 years

-. *y reason of physical disability or :udicially ad:ud!ed mental incapacity+ be unable to en!a!e in

the practice of law+ may be retired from the inte!rated *ar upon 9erified petition to the *oard of

(o9ernors.

Retired members shall not practice law or be re;uired to pay dues.

Re#%s!a!e$e%! of Re!#re& (e$=ers

A retired member may be reinstated to acti9e membership upon written application to andappro9al by the *oard. The *oard shall ma=e periodic reports of retirement and reinstatement of

members to the Supreme Court.

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Legal Ethics Final Notes 2008

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