Legal Ethics PP

8/3/2019 Legal Ethics PP

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1. Practice of Law

A. Concept

1. Practice of law is not a natural property or constitutional right

but a mere privilege to be extended or withheld in the exercise of

sound judicial discretion. It is a privilege accorded only to thosewho measure up to certain rigid standards of mental and moral

fitness. But the practice of law is a right in the sense that it cannot

be capriciously taken from a lawyer, without due process of law.

2. Practice of law is a profession, a form of public trust, the

performance of which is entrusted only to those who are qualifiedand who possess good moral character. It is not a business, using

bargain counter methods to reap a large profit. The gaining of a

livelihood is but a secondary consideration.


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Possible MCQs

1. Practice of law is a privilege that may be extended only by:

(A) the President;

(B) the Congress

the Judiciary

(D) the law schools

2. Practice of law is a privilege that may be withdrawn:

(A) at anytime;

(B) after due process; upon reaching retirement age;

(D) only upon death.


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Possible MCQs

3. The practice of law is a profession , a form of public trust, where the

gaining of a livelihood

(A) is a primary consideration,

(B) is a secondary consideration

(D) is not a consideration at all(B) is none of the above.

4. The practice of law is a profession which proinciplly requires:

(A) organizational skills,

(B) management skills;

marketing skills;

(D) good moral character.


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Practice of law generally to engage in the practice of law is to

do any of those acts which are characteristic of the legal

profession (Phil. Lawyers Association v Agrava, 105 Phil. 173).

It embraces any activity in or out of court, which requires the

application of law, legal principle, practice or procedure, and

calls for legal knowledge, training and experience ( Cayetano

v. Monsod, 201 SCRA 210).

It is not limited to the conduct of cases in court. It includes

legal advice and counselling, and the preparation of legal

documents and contracts by which legal rights are secured

(Ulep v. Legal Clinic, Inc., 223 SCRA 378


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Characteristics of practice of law:

1. Habituality

2. Compensation

3. Application of law, legal principle , practice or procedure

4. Attorney-client relationship


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Possible MCQs

1. Who of the following is not qualified to be appointed judge:

(A) the HR Manager of a call center in the last 10 yeas;

(B) the IP Manager of a family business I the past 10 years;

a teacher of Philippine history at a private school for the past 10

years;(D) a member if the Board of Directors of a rural bank in the past 10

years.

2. Practice of law is not limited to appearance in court but also includes all

but one of the following activities. Which one?:

(A) giving legal advice

(B) drafting con tracts;

organizing corporations.

(D) judging moot court contests


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B. Qualifications for admission to the practice of law:

1. Citizen of the Philippines;

2. Resident of the Philippines;

3. At least 21 years of age;

4. Of good moral character;

5. No charge involving moral turpitude filed or pending in court;

(In Re Lanuevo, 66 SCRA 245, concealment of criminal charge)6. Educational qualifications:

a. completion of a four year high school course and a collegiate course

leading to a bachelors degree in arts or sciences with political science, logic,

English, Spanish, history and economics as major;

b. completion of a four-year law course in a school or university officiallyapproved and recognized by the Secretary of Education.

7. Passing the Bar examinations. (Alawi v. Alauya, 268 SCRA 628, Sharia bar not

enough)


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Possible MCQs

1. The loss of one of the following qualifications will mean a loss of the right

to practice law in the Philippines:

(A) Philippine citizenship;

(B) Residence in the Philippines;

The age of 18 years;(D) Lucrative employment.

2. One of the following is disqualified from practicing law in the Philippines:

(A) A soldier in active service.

(B) A Filipino who became a naturalized Canadian citizen.

A balikbayan who failed to pay his IBP dues while abroad.

(D) A lawyer who worked as a nurse in the Middle East for 5 years.

.


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C. Appearance of Non-lawyers

1. Student Practice Rule (Rule 138-A)

A law student who has successfully completed his 3rd

year of the regularfour-year curriculum and is enrolled in the schools clinical legal educationprogram approved by the Supreme Court, may appear before any trialcourt, tribunal, board or officer to represent indigent clients accepted bythe legal clinic of the law school.

2. Non-lawyers in courtsa. In municipal or metropolitan trial courts, a person may appear by

himself of through a friend..

b. In municipalities where no lawyer is available, the judge of a

Municipal Trial Court may appoint a person of repute for

integrity and competence to represent a party in a criminal

proceeding.

c. In the RTC, a party may appear for himself (pro se) or through a

lawyer .

d. Persons authorized by the Supreme Court as in Small Claims cases.


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3. Non-lawyers in administrative bodies Non-lawyers may be allowed

by law to appear, such as union representatives allowed to represent

union member in the NLRC (Art.722 [a], Labor Code), but subject to

three limitations:

a. should not undertake purely legal work;

b. should not render services habitually;c. Should not charge or collect attorneys fees.

4. Proceedings where lawyers prohibited from appearing:

a. Proceedings before the Katarungan Pambarangay(Art. 415, Local

Government Code)

b. Small claims proceedings (Secs. 16 & 17, Rule on Small Claims Cases)


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Possible MCQs

1. A non-lawyer may appear in court on behalf of another in the following

case:

(A) on behalf of another in a civil case in the RTC;

(B) as counsel de oficio in a criminal case in the RTC;

as counsel de oficio in criminal case in the MTC of a remotemunicipality;

(D) on behlaf of an OFW in the POEA.

2. A non-lawyer who appears for himself in case is:

(A) a counsel de oficio;

(B) a counsel pro se;

( C) a counsel de parte;

(D) an amicus curiae.


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D. Sanctions for practice or appearance withoutauthority:

1. Lawyers without authoritythis constitutes

malpractice and violation of the lawyers oath,for which he may be suspended or disbarred.

2. Persons not lawyers may be punished

for contempt of court.


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E. Public Officials and Practice of Law

1.Prohibited from practicing President, Department

secretaries, judges and justices, prosecutors, Solicitor General

and members of the OSG, members of Constitutional

Commissions, Governors and Mayors.

2. Allowed to practice but subject to restrictions Senators,members of the House of Representatives, Vice-Governors

and Vice Mayors, members of the Sanggunians,.

3. Approval of department head required - Civil Service

employees (Catu v. Rellosa, AC 5738, Feb. 9, 2008 [punongbarangay] ; Abella v. Cruzaba, AC 5088, June 3, 2009 [

[Register of Deeds employee]).


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Possible MCQs

1. An Assistant City Prosecutor may appear in court in the settlement of his

mothers estate, without the approval of the Secretary of Justice

because:

(A) He is in effect handling his own case;

(B) It is only an islolated appearance; It is not prohibited by the Constitution;

(D) It is allowed by the City Prosecutor.

2, The following public officers are not prohibited form practicing law while

in office

(A) Department Secretary;

(B)_ Provincial Governor;

Municipal Mayor

(D) Barangay Chairman.


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(1) Prohibitions and disqualifications of former governmentattorneys:

(a) Under R.A. 6713 retired government officials are allowed

to practice their profesison, but for a period of one year aftertheir retirement, they are not allowed to practice in the officewhere they had previously been connected.

(b) Under the Code of Professional Responsibility - A lawyermay not, after leaving government service, accept engagement

or employment in connection with any matter in which he hadintervened while in said service (Rule 6.03; PCGG v.Sandiganbayan, 455 SCRA 526 ).

(c) Under the Judiciary Retirement Act (R.A. 910) retiredmembers of the judiciary cannot appear as counsel in cases,

civil, criminal or administrative, where the government is theadverse party.


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Possible MCQs

1. A fter retirement, a Branch Attorney of a government-owned bank:

(A) may not engage in the practice of law for one year;

(B) may engage in the practice of law but may not handle cases in the

bank for a period of one year after retirement;

may handle cases in the bank as long as they do not involve

documents notarized by him;(D) may handle cases involving documents notarized by him but not

those in which he benefited.

2. A lawyer employed as a document examiner in a Register of Deeds

(A) may notarize documents submitted for registration;

(B) may notarize documents with the approval of the Register of Deeds.

may notarize documents with the approval of the Secretary of Justice

(D) may notarize documents with the approval of the CSC.


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F. Lawyers authorized to represent the government:

1. Members of the Office of the Solicitor General

2. State prosecutors

3. Members of the Office of the Government Corporate

Counsel

4. Officers who may be authorized by law.

5. Private lawyers retained by government entities with the

approval of the OSG or GOCC and the Commission on Audit

(Rey A. Vargas v. Atty. Michael A. Ignes, A.C. No. 8096, July 5,

2010) .


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G. Lawyers Oath :

I, ______ do solemnly swear that: I will maintainallegiance to the Republic of the Philippines; will supportthe Constitution and obey the laws as well as the legalorder of duly constituted authorities therein; I will do nofalsehood nor consent to the doing of the same in court;

I will not wittingly or willingly promote or sue any

groundless, false or unlawful suit, not give aid norconsent to the same; I will delay no man for money ormalice, and will conduct myself as a lawyer according tothe best of my knowledge and discretion, with all goodfidelity as well to the courts as to my clients; and I

impose upon myself this voluntary obligation, withoutany mental reservation or purpose of evasion,

SO HELP ME GOD.

(Aguirre v. Rana, B.M. 1036, June 10, 2003, last step is signing the

Attorneys Roll)


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2. DUTIES AND RESPONSIBILITIES OF A LAWYER

A. Duties to Society in general:1. Uphold the Constitution, Obey the laws of the land,

and Promote respect for the law and legal processes(Canon 1, CPR .(Canon 1)

a. Not engage in unlawful, dishonest, immoral anddeceitful conduct. Rule 1.01)

b. Not counsel or abet activities aimed at defiance ofthe law and lessening confidence in the legal system, (Rule 1.02 )

c. Not encourage any suit or proceeding or delayand any mans cause. (Rule 1.03)

d. Encourage his clients to ,avoid, and/or settle acontroversy if it will admit of a fair settlement. (Rule 1.04)


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Examples of Unlawful Conduct

* Circumvention of the Constitution

Drawing up fictitious contracts

Drawing up antedated, undervalued contracts

Notarizing will with only two witnesses,

Notarizing agreement for separation of spouses. Drawing up agreements for waiver of legitime.

Issuance of bouncing checks

Drafting of unlawful contracts.

Acting under road rage. Bribing judges.

* Failure to account for clients funds.


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Examples of Dishonest Conduct

Notarizing outside territorial jurisdiction.

Notarizing document without the presence of the party executing.

Notarizing document without ascertaining identity of party

acknowledging. Certifying false certificate of canvass.

Lying in application for admission to bar examination.

Borrowing money under false pretenses.

Submitting falsified power of attorney to secure bank loan.

Presenting cancelled title as evidence.


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Definition of Immoral conduct

Immoral conduct:

Conduct which is willful, flagrant or shameless, and

which shows a moral indifference to the opinion of

good and responsible members of the community.

A grossly immoral act is one that is so corrupt or false

as to constitute a criminal act or so unprincip0led ordisgraceful as to be reprehensible to a high degree.


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Examples of Immoral Conduct

1. Beso-Beso not immoral

2. Lawyer keeping a mistress (even if he marries her aftewards.

3. Lawyer having a child out of marriage (subject to aggravating circumstance

if he denies or fails to support child)

4, Married lawyer having an affair with another woman (mitigated if womanknew he was married.

5. Lawyer having an affair with a married woman.

6. Lawyers who commit bigamy or polygamy (subject to mitigating or

aggravating circumstances)

7. Married lawyers who seduce innocent women.

8. Married lawyers who have an affair with each other.


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Examples of deceitful conduct

1. Acquiring clients properties through medium of corporation creaed and

controllsed by him.

2. Persuading client to transfer properties to him to save them from her

husband;s creditors.

3. Acquigint the property of his clients which he was retained to recover.4. Sale of property without a title and not owned by him.

5. Selling fictitious property to client.

6. Convincing client to create real estate corporation to who he

subsequently sold fictitious properties.

7. Selling property entrusted to him to sell and not accounting forproceeds.


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Shall not counsel or abet activities aimed at

defiance of the law or at lessening confidence

in the legal system (Rule 1.02)

Should not promote an organization known to be violating thelaw or engaging in a dishonest scheme (In Re Turrel, 2 Phil.

266) ,

Scheme to fleece OFWs (Yu vs. Atty. Palana, A.C. 7747, July 14,

2008). Lawyer who assisted in illegal recruitment of overseas workers

Sebastian v. Calis, 314 SCRA `1


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A lawyer shall not, for any corrupt motive or

interest, encourage any suit or proceeding or

delay any mans cause (Rule 1.03)

Stirring up litigation

Barratry

Ambulance chasing


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A lawyer should be a mediator for concord and a

conciliator for compromise rather than an

initiator of controversy and a predator of

conflict, a true exponent of the primacy oftruth and moral justice rather than a virtuoso

of technicality (Nilo v. CA, 174 SCRA 172, De

Ysasi v. NLRC, 331 SCRA 173)


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2. A lawyer shall make his services available in an efficient and

convenient manner (Canon 2)a. Shall not reject, except for valid reasons, the cause of the

defenseless or oppressed (Rule 2.01). But should not accept more

cases than he can handle, Canoy v. Ortiz, 453 SCRA 410).

b. In case he cannot accept the case, at least give legal advice tothe extent necessary to safeguard his rights.. (Rule 2.02)

c. Shall not do or permit to be done any act primarily designed to

solicit legal business. ( Art. 2.03) (Tan Tek Beng v. David, 126 SCRA

289; Linsangan vs. Tolentino, A.C. 6672, Sept. 4, 2009)

d. Shall not charge rates lower than those customarily prescribed

unless the circumstances so warrant (Rule 2.04)


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Possible MCQs

1. A lawyer tells an agrarian leader to go to Tarlac and organize farmers there intocooperatives which shall retain him as lawyer to handle their agrarian reform

claims. He promises to give the organizer 30% of the fees that he will earn from

such cases.

(A) He is guilty of soliciting business.

(B) He is guilty of stirring up litigation.

He is guilty of sharing his fees with a non-lawyer.

(D) He is guilty of all of the above.

2. A lawyer has decided to devote his career to pro bono cases. How many should

he accept?

(A) all of them without limitation;(B) only all whom he can efficiently handle.

only the poorest of the poor;

; (D) only those who can vote for him on election time.


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3. In making known his legal services, use only true, honest, fair,

dignified and objective information (Canon 3)(Ulep v. Legal

Clinic, Inc. 223 SCRA 378)

a. Not use any false, fraudulent, misleading, deceptive,

undignified, self-laudatory or unfair statement of claim. (Rule

3.01) (Khan v. Simbillo, 409 SCRA 209)

c. Continued use of name of deceased partner permitted

provided firm indicates that he is deceased. (Rule 3.02) (In re

Sycip, Salazar, 92 SCRA 1)

d. When partner joins public office, his name should be

dropped, unless he is allowed to practice law concurrently

( Rule 3.03),

E. Not pay members of media in return for publicity (Rule 3.04)


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Possible MCQs

A law firm has placed an ad in a newspaper with the title Dont run

where angels fear to tread. Beneath it is an announcement by the law

firm that it is an expert in drawing up Pre-Nuptial agreements, and can

make one for interested parties according to their special circumstances.

The ad ends with the brief statement Bargain Basement prices.

(A) The ad is ethical because it seeks to preserve, not destroy, marriage

(B) The ad is unethical because no one can claim to be an expert in pre-

nuptial agreements.

The ad is unethical because it goes against Filipinjo culture.(D) The is unethical because it smacks of a commercial advertisement. .


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Possible MCQs

The name of a law firm is Abogado (R.I.P.), Abogado (R.I.P.), Abogado

(Ret.) and Senator Abogado . Is the name ethical or not?

(A) Ethical, because there is an indication that some partners are alreadydead.

(B) Unethical, because it contains the name of a partner who is only

retired)

Unethical, because the name of Senator Abogado should have beendropped.

(D) Ethical, because a senator is allowd to practice law.


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4. A lawyer shall participate in the development of the legal

system by initiating or supporting efforts in law reform

and in the improvement of the administration of justice

(Canon 4)

5. A lawyer shall keep abreast of legal developments,

participate in continuing legal education programs, support

efforts to achieve high standards in law schools as well asin the practical training of students and assist in

disseminating the law and jurisprudence. (Dulalia v. Cruz,

AC 6854, Aug. 20, 2007)


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b. Duties to the legal profession.

1. Integrated Bar of Philippines

(a) Integration of the Bar is the official unificationof the entire lawyer population ordained by theSupreme Court on January 16, 1973.

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

(c) Objectives of the IBP: elevate standard of thelegal profession, improve the administration of

justice, enable Bar to discharge its publicresponsibility more effectively.


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(d) Purposes of the IBP include:

(1) assist in the administration of justice

(2) foster and maintain high ideals of integrity, learning ,professional competence, public service and conduct amongits members,

(3) safeguard the professional interests of its members,(4) cultivate among its members a spirit of cordiality andbrotherhood,

(5) provide a forum for discussion of law, jurisprudence, lawreform, pleading, practice and procedure, and the Bar to the

Bench and the public,(6) encourage and foster legal education,

(7) promote a continuing program of legal research and makereports and recommendations thereon.


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(e) Membership in the IBP is obligatory on all lawyers. Amember in good standing who is 75 years old or who hasbeen lawyer for 40 years or is unable to practice law due to

physical disability or judicially adjudged mental incapacity,may be retired from the IBP upon petition to the Board ofGovernors. A retired member cannot practice law, but maybe reinstated by the Board of Governors upon writtenapplication.

(f) Every member of the Integrated Bar shall pay annual duesfixed by the Board of Governors. Failure to pay dues can bea ground for suspension and/or disbarment (In re Edillon, 84SCRA 554)/.

(g) Mandatory on all members of the bar, even those abroad.

(h) Non-payment of dues is not excused by limited practice oflaw and senior citizens discount (Santos vs. Llamas, 322SCRA 529)


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Possible MCQs

1. A lawyer has the right to practice law during his lifetime. However, hemay apply for retirement for any, but one, of the following grounds.

Which one is not a ground?

(A) He is already 75 years old;

(B) He has practiced law for 40 years; He is suffering from physical or mental disability;

(D) He has been suspended indefinitely.

2. One of the following is a valid ground for not payiing IBP dues:

(a) the lawyer is abroad and no longer practicing in thePhilippjnes

(b) the lawyer is a senior ciitzen with a limited practice;

the lawyer has been allowed to retire;

(d) the lawyer is under suspension .

2 U h ldi th Di it d I t it f th P f i (C


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2. Upholding the Dignity and Integrity of the Profession. (Canon

7)

a. Answerable for knowingly making a false statement or

suppressing a material fact in application for admission to thebar. (Rule 7.01) (In re Lanuevo, 66 SCRA 245 failure to disclose

criminal charge; mDiao v. Martinez, 7 SCRA 475 false claim of

an A.A. degree).

b. No support for person known to be unqualified. (Rule 7.02)

c. Shall not engage in conduct that adversely affects his fitness

to practice law, nor, whether in public or private life, behave in

a scandalous manner to the discredit of the legal profession.

(Rule 7.03) (Guevarra v. Eala, AC 7136, August 2007, Cham v.

Patta-Moya, A.C. 7494, June 27, 2008, Keld Stemmerik v. Atty.

Mas, AC 8010, June 10, 2009).


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Possible MCQs

In his municipality, Atty. Juan operated a jueteng business. Asked to show

cause why he should not be disciplined by the Supreme Court for such

activity, Atty. Juan claimed that it has nothing to do with the practice of

law. Can he be disciplined or not?

A) No, because operating a jueteng business pertains to the privatge life

of the lawyer.

(B) Yes, because jueteng is prohibited by law. .

Yes, because operating a jueteng business tends to make people look

down on the legal profession.(D) No, because jueteng gives people hope of improving themselves.


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3. A lawyer shall conduct himself with courtesy, fairness and

candor towards professional colleagues, and avoid harassing

tactics against opposing counsel. (Canon 8)

a. Not use abusive, offensive and improper language. (Rule

8.01) (Barandon, Jr. v. Ferrer, Jr., AC 578, Mar. 26, 2010)

b. Not, directly or indirectly, encroach on the professionalemployment of another lawyer. (Rule 8.02) (Camacho v

Pagulayan, 328 SCRA 631 negotiating with adverse party

without passing through the lawyer; Linsangan v. Tolentino,

AC 6672, Sep. 4, 2009 enticing clients of another lawyer to

transfer their cases to him)


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Possible MCQs

At a cocktail party, Atty. Pedro approached Jose, the adverse party of his

client in a pending case. He convinced Jose to enter into and amicable

settlement with his client. When the compromise agreement was presen

ted in court for approval, it was objected to by Atty. Pablo, Joses counsel

of record. Should the compromise agreement be approved by the court?

(A) Yes, because a compromise agreement will put an end to the dispute.

(B) No, because it should have the conformity of Atty. Pablo.

Yes, because entering into a compromise is within the authority of

the parties.(D)) No, because Atty. Pedro has encroached on the employment of Atty.

Pable.

4 N i t i th i d ti f l (C 9)


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4. No assistance in unauthorized practice of law. (Canon 9).

a. No delegation to an unauthorized person of work that

may be performed only by a member of the bar in good

standing.; (Rule 9.01)

b. Shall not divide or stipulate to divide a fee for legal

services with persons not licensed to practice law, except:

i. pre-existing agreement with partner or associatefor payment to family over a reasonable period in case of

latters death;

ii. Undertakes to complete unfinished business of

deceased lawyer.iii. Retirement plan for employees (Rule 9.02)


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Possible MCQs

Out of sympathy, Atty. Bart hired Atty. Bong, a suspended lawyer, to

review and improve his pleadings to be filed in appellate courts. Has

Atty. Bart violated the law against assisting an unauthorized person to

practice law?

(A) No, because reviewing pleadings does not constitute practice of law.

(B) Yes, because reviewing pleadings will involve determining applicable

law.

No, because Atty. Bong will not sign the pleadings.(D) Yes, hiring Atty. Bong will mitigate the severity of his penalty.


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c. Duties to the Courts.

1. Candor, Fairness and Good Faith to the courts. (Canon10) (Emanates from his role as an officer of the court.

a. Shall not allow falsehood in court, nor mislead or

allow the courts to be misled. (Rule 101) Maligaya v

Doronila, 502 SCRA 1, Fernandez v. Villalon, AC 7084,

Feb. 27, 2009, De Leon v. Castelo, AC 7907. Jan. 12, 2011

b. Must not knowingly misquote or misinterpret. (Rule

10.02).

c. Observe rules of procedure and not misuse them.

(Rule 10.03)


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Possible MCQs

1. The duty to be candid with the courts includes:

(A) the duty to allege all relevant facts of your clients case;

(B) the duty to allege the reliefs sought by your client;

the duty to allege documents material to the case;

(D) the duty to allege facts constituting a defense for the adverse party

2. Candor to the courts also means

(A) presenting causes he honestly believes to be meritorious;

(B) presenting defenses he believes to be at least debatable;

presenting witnesses whom he believes will be credible;

(D) rejecting appointment as counsel de oficio for an accused whom he

believes to be guilty.


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2. Observe and maintain respect due to the courts

and judicial officers (Canon 11)

a. Appear in court properly attired (Rule 11.01)b. Appear in court hearings punctually. (Rule 11.02)

c. Abstain from scandalous, offensive or menacing

language or behavior. (Rule 11.03)

(Letter of Atty. Sorreda, 464 SCRA 43, Lacurom v. Jacoba, 484 SCRA

206, Ng vs. Alar, AC 7252, Nov. 22, 2006)

d. Do not attribute to judge motives not supported by the record orimmaterial to the case (Rule 11.04) (Fudot v. Cattleyla Land, Inc., GR171008, Oct. 25, 2008)

e. Do not criticize personal or official conduct of judge in an insulting andintemperate language. (Rule 11.05)

f. Submit grievances against a judge to the proper authorities only. (Rule11.06)

3 Assist in speedy and efficient administration of justice (Canon 12)


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3. Assist in speedy and efficient administration of justice. (Canon 12)

a. Appear at trial adequately prepared. (Rule 12.01)

b. No forum shopping (Rule 12.02) (Que v. Revilla, AC 7054, Dec. 4, 2009;

Alonso v. Relamida, AC 8481, Aug. 3, 2010

c. Observe extensions of time . (Rule 12.03)

d. Unduly delaying a case, impeding execution of a judgement, and misusing

court processes. (Rule 12.04) (Hegna v. Paderanga, AC 5955, Sep. 8, 2009)

e. Refrain talking to witness during recess. (Rule 12.05)

f. Do not assist a witness misrepresent himself. (Rule 12.06)g. Not abuse, browbeat or harass a witness. (Rule 12.07)

h. Avoid testifying in favor of a client , except:

i. on formal matters

ii. On substantial matters where his testimony is essential (Rule 12.08)

Santiago v. Rafanan, 440 SCRA 91 not applicable to preloiminary

investigations)


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Possible MCQs

1. Forum-shopping violates a lawyers duty

(A) to be candid with the court

(B) to be respectful to judicial officers

to assist the court in the performance of its duties

(D) to put an end to disputes.

2. The use of strong, insulting language is a violation of the lawyers duty

(A) to be candid with the court;

(B) to be respectful to the court;

to assist the court in the speedy administration of justice;

(D) to avoid attributing false motives to the judge.


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4. Reliance on merits of case, not from improper influenceupon the courts. (Canon 13)

a. Shall not extend extraordinary attention or hospitalityto judges. (Rule 13.01) (Erlinda Bildner v. Erlinda Ilusorio andAtty. Manuel Singson, G.R. No. 157384, June 5, 2009)

b. Shall not make public statements in media tending to

arouse public opinion for or against a party. (Rule 13.02)Re: Suspension of Atty. Bagabuyo, AC 608, Oct. 9, 2007

Foodsphere, Inc. v. Mauricio, AC 7199, July 22, 2009.

c. Shall not invite interference by another branch of

government in the normal course of judicial proceedings.(Rule 13.03)


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D. Duties to the Client

1. A lawyer shall not refuse his services to the needy (Canon 14)

a. Creation of lawyer-client relationship

b. Lawyer shall not decline to represent a person solely on account of the

latters race, sex, creed or status in life or because of his opinion regarding

the guilt of said person (Rule 14.01) (Francisco v. Portugal, 484 SCRA 571)

b. Not decline appointment as counsel de oficio or amicuscuriae, or

request of IBP to render free legal aid. (Rule 14.02)

counsel de oficio lawyer appointed by the court to

represent an indigent party; opposite ofcounsel de parte.

amicus curiae friend of the court; appointed to advise

the court in complex cases.

amicus curiae par excellance the entire barpro bono

legal service without expecting payment


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c. Valid grounds for refusing to represent indigent:

i. No competence,ii. Conflict of interest. (Rule 14.03)

b. Observance of same standard of con duct (Rule 14.04)

2. Candor, Fairness and Loyalty to client. (Canon 15)

a. In conferring with a prospective client, determine as soon as practicable

the existence of a conflict of interest (Rule 15.01)

i. Types of conflict of interest:

Concurrent or multiple representation

Sequential or successive representation


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Possible MCQs

. Which of the following is not a valid test for determining conflict of

interest?

(A) the lawyer will be required to debate with himself;

(B ) the lawyer will be required to reveal information received from aformer client;

the new case will be injurious to a former client;

(D) acceptance of the new case will raise suspicion of disloyalty to a

present client.


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Possible MCQs

Atty. A successfully defended Mr. X in an ejectment case against him, by

proving that Mr. X had title to the property he was occupying. Twelve

years after, Mr. X, and Atty. A filed suit against his heirs , for the

annulment of his title to the same property. Is Atty. A guilty of violating

the rule on conflict of interest?

(A) No, because his relationship with Mr. X terminated 12 years ago;

(B) Yes, because his duty of loyalty to his client continues even after the

death of the latter.

(C) No, because the latter case is a question of ownership while the

former one was a question of possession only;

(D) No, because it does not involve violation of confidential information.


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ii. Tests of conflict of interest:

(1) Whether a lawyer is duty bound to fight for an issue or claim in

behalf of one client , and at the same time, to oppose that claim for anotherclient;

(2) Whether the acceptance of a new relation would prevent the full

discharge of his duty of undivided loyalty to his client.

(3) Whether the acceptance of a new relation would invite suspicion of

unfaithfulness or double-dealing in the performance of his duty of fidelity

and loyalty.

(4) Whether in the acceptance of the new relation, he would be called

upon to injure his former client on a matter that he has handled for him, or

require him to reveal information that his former client has given to him.


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b. A lawyer shall be bound by the rule on privileged

communication in respect to matters disclosed to him by

a prospective client (Rule 15.02)c. A lawyer shall not represent conflicting interests

except by written consent of all concerned given after

full disclosure of the facts (Rule 15.03) .

Heirs of Falame v. Baguio, AC 6876, Mar. 7. 2006Pacana v. Pascual-Lopez, AC 8243, JUly24, 2009

Gamilla v. Mario, A.C. 4763, March 20, 2003

Hornilla v. Salunat, A.C. 5804, July 1, 2003

Quiambao v. Bamba , A.C. 6708, August 28, 2005


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d. A lawyer may act as mediator, conciliator orarbitrator (Art. 15.04 )

e. Give a candid opinion on the merits and probable

results (Art. 15.05)

f. A lawyer shall not state that he can influence a court.

(Art. 15.06)

g. A lawyer shall impress on his client compliance with

the law. (Art. 15.07)

h. A lawyer shall make clear to client if he is acting as alawyer or in another capacity (Art. 15.08)


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3.A lawyer shall hold in trust all moneys and properties of hisclient that may come into his possession.(Canon 16)

a. A lawyer shall account for all money or property

collected or received for or received from the client (Rule

16.01) (Yuhico v. Guttierez, AC8391, Nov. 23, 2010 ; Tan v.

Balon, AC 6483, Aug. 31, 2007)).

i. Money given for a purpose must be used for such

purpose; otherwise, returned to client immediately.

ii. Failure to do so will raise presumption that lawyer

misappropriated it. (De Chavez-Blanco v. Lumasag, Jr., AC

5195, Apr. 10, 2009)

b. A lawyer shall keep the funds of each client separate andapart from his own and those of others kept by him. (Rule

16.02)


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Possible MCQs

In an action for collection, Atty. Ben was successful in recovering P100,000

for his client Carlos. Of the said amount, he sent P50,000 to Carlos, with a

note that he was applying the rest to his attorneys fees. Carlos objected

that he never agreed to such a fee which he found to be exorbitant. Was

Atty. Ben correct in applying the P50,000 to his fees

(A) Yes, because that was part of his retaining lien.

(B) Yes, because the Code of Professional Responsibility allows the lawyer

to pay himself out of the funds of the client.

No, because Atty. Ben was en titled on ly to a fee based on quantum

meruit.

(D) N0o, because he cannot apply his clients funds to his fee as long as

the client is objecting to the amount thereof.


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Possible MCQs

Atty. Dan asked his client for the sum of P50,000 to post as an injunction bondin the case he was handling. He was given said amount be he no longer

deposited it in court because he found it unnecessary. So, he applied the

said amount to his attorneys fees instead. Did he act correctly ?

(A) No, because he received money for a purpose, and since he did not

use it for such purpose, he should have returned it to the client.

(B) Yes, because a lawyer is entitled to protection for his fees.

Yes, because he is entitled to a retaining lien.

(D) No, because he is entitled to recover his fees in the same action.


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c. A lawyer shall deliver the funds and property of client upon

demand. However, he shall have a lien over the funds and may

apply so much thereof as may be necessary to satisfy his lawful

fees and disbursements, giving notice promptly thereafter to his

client. (Rule 16.03)

i. A Lawyer may not apply clients funds to his fees if client is

still objecting to the amount thereof. (Genato v. Adaza, 328 SCRA694; Lemoine v. Balon, 414 SCRA511).

ii. A lawyer will not be ordered to return money given to him

for facilitation fee. (Arellano University v. Mijares, AC 380, Nov.30. 2009)


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Possible MCQs

Atty. Velasco was given by his client the sum of P500,000.00 to settle a BIRclaim for unpaid taxes in the amount of P5,000,000.00. He was also given

another P500,000.00 for the boys. He failed to render any service.

So, his client demanded the return of the P1,000,000 given to him.

(A) He can be ordered to return the entire P`1,000,000.00 because herendered no service.

(B) He can be ordered to return P500,000 only for his fees, but not the

P500,000 for the boys, which was clearly intended to be a bribe.

He can be ordered to return the P500,000 for the boys fee, but not

the P500,000 which was intended to be a settlement with the B IR.(D) He can be ordered to returmn the P500,000.00 for the boys fee,

but not the other P500,000 which he can apply to his fees for other

services in the past.


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d. A lawyer shall not borrow money from his client unless

the clients interests are fully protected by the nature of the

case or by independent advice. Neither shall a lawyer lend

money to his client except, when in the interest of justice,

he has to advance necessary expenses in a legal mater he is

handling for the client. (Rule 16.04) (Wong v. Moya, AC

6972, 2008)

i. Prohibition under Article 1491 of the Civil Code.

Conditions:

(a) Lawyer-client relationship;

(b) Clients property involved in a litigation;

(c) Lawyer is handling litigation for the client;(d) Litigation is still pending;

(e) Lawyer acquires the property directly or indirectly:


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Possible MCQs

Atty. Ernesto was retained by Evelyn to file a case for the recovery of her

farm which was foreclosed by the PNB. For his services, Evelyn promised

to pay Atty. Ernesto a contingent fee of 30% of the farm. Is this fee

violative of Art. 1491 of the New Civil Code?

(A) Yes, because Atty. Ernesto will acquire 30% of Evelyns farm.(B) No, because he will acquire the property only after the case Is

terminated.

No, because 30% is reasonable.

(D) No, because the proposal came from Evelyn.


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(1) includes mortgage or lease to lawyer or partnership or

corporation owned by him.

(2) includes acquisition of a right of redemption of clientsproperty;

(3) not violated by contingent fee contract;

(4) void on ground of public policy; fraud is irrelevant.

4. A lawyer owes fidelity to the cause of his client and

shall be mindful of the trust and confidence reposed in

him (Canon 17).Belleza v. Macasa, AC 7815, July 23, 2009

5 A lawyer shall serve his client with competence and diligence (Canon 18)


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5. A lawyer shall serve his client with competence and diligence (Canon 18).

Competence knowledge of the law.

Diligence ordinary, not extraordinary; includes

adequate preparation for trial (Rule 18.02).a. A lawyer shall not neglect a legal matter entrusted to him and his

negligence will render him liable. (Rule 18.03) (Talento v. Paneda, AC

7433, Dec. 23, 2009)

b. Shall not undertake a legal service that he knows or should know he is

not qualified to render, unless his client consents to his obtaining a

collaborating counsel. (Rule 18.01)

c. Client shall keep the client informed of the status of his case and shall

respond within reasonable time to his clients request for information.

(Rule 18.04)(Solidon v. Macalalad, AC 8158, Feb. 124, 2010)


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6. Representation with zeal within legal bounds (Canon 19).

a. Lawyer shall employ only fair and honest means to

obtain the goals of his client. (Rule 19.01)

Briones v. Jimenez, AC 6691, April 17, 2007

Pea v. Aparicio, AC 7208, June 25, 2007.

Rural Bank of Calape v. Florido, AC 5736, June 29, 2010)

b. A lawyer shall call on his client to rectify a fraud on the

tribunal, otherwise, terminate their relationship. (Rule

19.02)

c. Should not allow his client to dictate the procedure inhandling the case. (Rule 19.03)


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Possible MCQs

Atty. Fred agreed to handle the registration of Garys land in Samar, andwas paid P10,000 as acceptance fee. For six months thereafter, Atty. Fred

did not take an y step to register the land, and neither did he reply to the

letters of Gary. He was charged with negligence , and he answered that

he had been waiting for Gary to end him some necessary documents. Can

he be held liable for negligence?(A) No, because it was Garys fault in not sending the needed documents.

(B) Yes, because the burden of keeping the client informed is the duty of

the lawyer.

No, because he was waiting for the documents to be sent by Gary to

him.

(D) No, because he sas waiting for Gary to write to him.

.


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Possible MCQs

Atty. Gregorio was retained by his friend Mario to settle the estate of hisdeceased father. Atty. Gregorio computed the estate tax to amount to P5

million. He advised Mario that the tax can be reduced to P1 million, if

Mario can get a certification from a barangay chairman that the deceased

had a family home in his barangay, and a certification from the local rural

bank that the deceased owed it P3 million before he died. Was suchadvice proper?

(A) No, because he owed Mario warm zeal within the bounds of the law.

(B) Yes, because it was up to Mario to take it or not.

No, because Mario is entitled to use any benefit provided by law.

(D) Yes, because the estate tax is unreasonably high.

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


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y g y ( )

Factors in determining fees

a. Time spent and extent of services required

b. Novelty and difficulty of questions involved

c. Importance of subject matter

d. Skill demanded

e. Losing other employment

f. Customary charges

g. Amount involved

h. Contingency of compensation

i. Character of employmentj. Professional standing (Rule 20.1)

Law Firm of Tungol & Tibayan v. CA, GR 166298, July 9, 2008

Vinson Pineda v. Atty. De Jesus, GR 166224, August 23, 2006


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Possible MCQs

1. A lawyers right to attorneys fees is based on:

(A) a written contract between the lawyer and the client;

(B) a lawyer-client relation

authority of the client

(D) lawyer-client relationship and services rendered.2. A lawyer is entitled to fees on the basis of quantum meruit in the

following cases:

(A) There is no agreement between him and the client as to his fees;

(B) When the agreement for attorneys fees has been annulled by the

court for being unconscionable; When the client terminated the lawyers services without cause;

(D) When the lawyer and client mutually agreed to set aside their

agreement for attorneys fees.


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Possible MCQs

3, A champertous agreement is an agreement where

(A) the lawyers fee is payable upon rendition of judgment only;

(B) the lawyers fee is cont9ngent on a favorab le judgment.;

the lawyers fee is contingent on a favorable judgment qnd he agrees

to agrees to advance the expenses of l9itigation;

(D) the lawyers fee is contingent on a favorable judgment and he agrees

to shoulder the expenses of litigation.

4. In fixing an attorneys fee, the rule on inverse proportion means:

(A) the bigger the property involved, the bigger the fee;

(B) the bigger the property involved, the percentage fee contingent onrecovery becomes smaller.;

the bigger the property involved, the smaller the fee;

(D) the more valuable the property, the smaller the fee.


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a. Acceptance fee - down payment on attorneys fees if he accepts to

render service in the case. Should not be made a precondition to

rendering such legal service (Ceniza v. Rubia, AC 6166, Oct. 2, 2009).

b. Contingency fee arrangements contract between lawyer and client

whereby the lawyer agrees to handle the clients case but his fee,

usually a proportion of the funds or property that may be recovered,

shall be contingent on his success in handling the case. Because he

takes a risk in the payment of his fees, a larger amount is allowed. A

contingent fee agreementis valid.

A contingency fee arrangement is different from a champertous

agreementwhere the lawyers fee is also contingent on his success

in achieving the goal of his client, but with the additional stipulation

that all expenses of the litigation will be shouldered by him. Achampertous agreementis invalid.

c. Attorneys liens:


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Retaining lien a lawyer is allowed to retain possession ofthe monies properties and documents of his client until he ispaid his fees.

Requisites are: (1) lawyer obtained possession by virtue of alawyer-client relationship, (2) lawyer has rendered services, (3)lawyer has not been paid.

Retaining lien is apassive lien. There is no action required of

the lawyer to take to establish the lien. If the documents areneeded to be used as evidence, the lawyer may be ordered togive them to the client, provided the latter posts a bond for theattorneys fees.

A retaining lien is lost once the lawyer loses possession.

A retaining lien is a general lien. It can be exercised toenforce the payment of the lawyers fees in all the services hehas rendered to the client.

Possible MCQs


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1. The differences between a retaining lien and charging lien are:

(A) a retaining lien is a passive lien while a charging lien is an active lien;

(B) a retaining lien is a general lien while a charging lien is a special lien; a retaining lien does not depend on a money judgment while a charging lien

depends on a judgment for a sum of money;

(D) a retaining lien can be annotated on the clients title; a charging lien cannot.

2. The differences between ordinary and extraordinary attorneys fees are:

(A) Ordinary fees are payable to the lawyer; extraordinary fees to the client;(B) Ordinary fees comes from the client; extraordinary fees from the adverse

party;

Generally, an attorney is entitled to attorneys fees, a client is not.

(D) Award for extraordinary fees has to be justified in the judgment; not

so with award for ordinary attorneys fees. .

Charging lien the right of a lawyer to charge the judgment and


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Charging lien the right of a lawyer to charge the judgment and

all its executions for the payment of his fees.

The charging lien is an active lien. The lawyer is required tofile a motion in the case he is handling to charge the judgment

with his fees. Copies of his motion should be furnished to his

client and the adverse party, who will be obliged to pay his fees

before paying his client.

Necessarily a charging lien can be established only on a

judgment for a sum of money.

A charging lien is a special lien. It can be utilized only for the

payment of the lawyers services in the case he is handling.

d. Fees and controversies with clients.


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1. A lawyer shall not, without the full knowledge and consentof the client, accept any fee, reward, costs, commission, interest,

rebate of forwarding allowance or other compensationwhatsoever related to his professional employment from anyoneother than the client. (Rule 20.03)

(Spouses Rafols vs. Barrios, AC 4973, Mar 15, 2010)

2. Avoid controversies with clients concerning hiscompensation and resort to judicial action only to preventimposition, injustice of fraud. (Rule 20.04)

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

Possible MCQs


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Possible MCQs

1. Why should a lawyer not accept compensation from any person other

than his client, without the knowledge and consent of his client?

(A) Because it might involve conflict of interest,(B) Because it may be taken as a sign of disloyalty,

Because it violates his duty of candor to the client.

(D) Because it violates his fiduciary duty.

2. Why should a lawyer avoid suing his client for payment of hjs fees?

(A) Because it will give him a bad reputation.

(B) Because the practice of law is a profession.

Because one should not bite the hand that feeds him.

(D) Because the client might have a valid reason not to pay.,

e. Concepts of attorneys fees.


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e. Concepts ofattorney s fees.

1. Ordinary the fee that the client pays his

counsel for the latters services.

2. Extraordinary - attorneys fees as an item of

damages which the court may order a losing party to

pay to the winning party. As a general rule,

attorneys fees in the concept of damages is notrecoverable- Public policy requires that no penalty be

placed on the right to litigate.

Exceptions are provided in Article 2208 of the

Civil Code.

Claim for attorneys fees must be pleaded.

8. Preservation of clients confidences


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8. Preservation ofclient s confidences

a. General Rule: A lawyer shall preserve the confidence and

secrets of the client even after the attorney-client relationship

is terminated (Canon 21) .b. Exceptions (when allowed):

a. When authorized by the client ;

b. When authorized by law;

c. When necessary to collect his fees or to defend himself.

His employees and associates or by judicial action (Rule 21.01)

d. Disclosure to partners or associates of the firm, unless

prohibited by the client (Rule 21.04)


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Possible MCQs

1. In one consultation, Tomas admitted to his lawyer Atty. Perez, that he was theone who killed Salvador, for which Victor, another client of Atty. Perez, was being

tried for murder. Can Atty. Perez reveal such information in defense of Victor?

(A) Yes, if that is the only way of saving Victor from conviction.

(B) No, because he is obliged to keep such information confidential.

Yes, because a lawyer cannot be a party to a crime.(D) No, because Tomas is not being charged for the murder of Salvador.

2. A cousin of a lawyer told him once that he had an illegitimate child but has keot

it a secret. After his cousins death, the lawyer wrote to the child and advised

him to claim his inheritance from his cousins estate. Did the lawyer act correctly

or not?

(A) No, because it violated his duty of confidentiality.

(B) Yes, because the child is entitled to a legitime.

No, because he did not use the information to his own advantage.

(D) Yes, because the information was not intended to be confidential.

9. Withdrawal of services


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a. A lawyer may withdraw his services only for good cause

and upon notice appropriate in the circumstances

(Canon 22).

b. Grounds for withdrawal:

(1) client pursues am illegal or immoral course of

conduct;

(2) client insists that lawyer violate canons and rules;

(3) inability to work with co-counsel to detriment ofclient;

(4) mental or physical condition of lawyer makes it

difficult for him to continue;

(5) client deliberately fails to pay attorneys fees;(6) election or appointment to public office;

(7) other similar cases (Rule 22.01)


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3. SUSPENSION, DISBARMENT AND DISCIPLINE


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3. SUS S O , S SC

OF LAWYERS

a. Nature and characteristics of disciplinary actions against

lawyers.

(1) sui generis disciplinary proceedings are a class of their

own, neither civil nor criminal, but an investigation into the

character of a lawyer to determine his fitness to continue in the

practice of law. They involve no private interest and afford noredress for private grievance. They are undertaken solely for

public welfare.

(2) prescription - the Statute of Limitations does not apply.

Neither does prescription preclude disbarment proceedings.However, it ma indicate ulterior motive of the part of the

complainant or innocence of the respondent.


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Possible MCQs

A woman filed a disbarment case against a lawyer because they hadan extramarital affair resulting in the birth of a child, but he left her

afterwards, returned to his wife, and did not give support to their child.

The Supreme Court suspended the lawyer for three years, but did not

order support for the child. The woman filed a motion for

reconsideration praying for support for her child. Should such motion begranted?

(A) No, because the lawyer cannot afford to give support if he is already

suspended.

(B) No, because the lawyer should give preference to supporting his

legitimate children.

Yes, because the child is entitled to support.

(D) No, because disbarment proceedings is sui generis.

b. Grounds:


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(1) Acts of misconduct before admission (Garrido v. Garrido,AC 6593, Feb. 4, 2010)

(2) Acts of misconduct after admission;

(1) Deceit

(2) Malpractice

(3) Gross misconduct in office

(4) Conviction of a crime involving moral turpitude

(5) Grossly immoral conduct

(6) Violation of the lawyers oath

(7) Willful disobedience of a lawful order of thecourt

(8) Corruptly appearing for a party withoutauthority

(9) Solicitation of cases (Sec. 27, Rule 138)

In general, loss of good moral character.

c. Proceedings:


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(1) initiated by the Supreme court motu propio or by the IBP,

or upon verified complaint by any person filed with the

Supreme Court or an IBP Chapter. .(2) if complaintprima facie meritorious, referred to the IBP,

or the Solicitor General, any officer of the Court or a judge of

a lower court.

(3) IBP Board of Governors assigns complaint to Commissionon Bar Discipline (CBD).

(4) CBD will assign complaint to a Commissioner or group of

Commissioners.

(5) If complaint found meritorious, Commissioner(s) willrequire respondent to file an answer.

(6) Commissioner will conduct hearing in which respondent

is accorded due process.


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Posssible MCQs

A verified complaint for disbarment was filed with the Supreme Courtagainst a lawyer. The Supreme Court endorsed it to the IBP for

investigation. Finding the complaint to be prima facie meritorious, the

IBP required the lawyer to file an answer. He failed to do so. The IBP set

the complaint for hearing three times, but the lawyer failed to appear.

Can he be penalized for not answering and not appearing?

(A) No, because the proceedings are sui generis and can proceed without

him.

(B) No, because it is his right to waive appearance.

Yes, because his failure to appear shows a cavalier attitude.

(D) Yes, because his failure to appear shows a lack of respect for legal

processes.

(7) After hearing, Commissioner(s) will submit Report and

Recommendation to IBP Board of Governors


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Recommendation to IBP Board of Governors.

(8) Board of Governors will render decision, either exonerating

the respondent and dismissing the case, or imposing a sanction

less than suspension, or recommending suspension or

disbarment to the Supreme Court.

Exoneration may be appealed by the complainant to the

Supreme Court. Sanction of less than suspension or disbarment

may be appealed by the respondent to the Supreme Court.Either one may file a motion for reconsideration with the IBP

Board before appealing.

(9) Supreme Court renders decision, by division if penalty is fine

of P10,000 less and/or suspension for one year or less, and bythe court en banc, if penalty is fine of more than P10,000.00

and/or suspension for more than one year, or disbarment.


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d. Discipline of Filipino Lawyers Practice in Foreign

Jurisdiction:(1) They may likewise be disciplined in the

Philippines if their misconduct in the foreign

jurisdiction also constitutes ground for discipline

here.

(2) But they are entitled to due process here, and

the decision of the authorities abroad shall only be

considered asprima facie evidence of misconduct.

4. Readmission to the Bar


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a. Lawyers who were suspended:

1. After a finding that the respondent lawyer must be suspended

from the practice of law, the Court shall render a decision imposingthe penalty.

2. Unless the Court explicitly states that decision is immediately

executory upon receipt thereof, the respondent has 15 days within

which to file a motion for reconsideration thereof. Denial of the

motion for reconsideration shall render the decision final and

executory.

3. Upon expiration of the period of suspension, the respondent shall

file a Sworn Statement with the Court through the Office of the Bar

Confidant stating therein that he or she has desisted from thepractice of law and has not appeared in any court during the period

of his or her suspension.

4. Copies of the sworn statement shall be furnished the


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Local Chapter of the IBP and to the Executive Judge

of the courts where he or she has pending cases

and/or has appeared as counsel.5. The Sworn Statement shall be considered as proof of

respondents compliance with the order of

suspension.

6. Any finding or report contrary to the statements

made by the lawyer under oath shall be ground for

imposition of a more severe punishment, or disbarment,

as may be warranted. (Maniago vs. Atty. De Dios, A.C.

No. 78472, March 30, 2010)

b Lawyers who have been disbarred: The Supreme Court may


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b. Lawyers who have been disbarred: The Supreme Court may

reinstate a disbarred lawyer upon proof that he has regained

his good moral character and can again be entrusted with the

privileges of a lawyer.

c. Lawyers who have been repatriated:

1. Updating and payment in full of the annual

membership dues in the IBP;

2. Payment of professional tax;

3. Completion of at least 36 credit hours of MCLE;

4. Retaking of the lawyers oath. (Petition for Leave toResume Practice of Law, Benjamin M. Dacanay, 540

SCRA 424)

P ibl MCQ


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Possible MCQs

The Supreme Court found Atty. To be guilty of gross immorality and

ordered his suspension for three years. He filed a motion for

reconsideration, which is still pending resolution. In the meantime, can

the lawyer still accept clients and appear in court on their behalf?

(A) No, because the order of suspension is immediately executory.

(B) Yes, because he is entitled to file a motion for reconsideration

and it is only when such motion is denied that the order of

execution becomes executory. No, because the lawyer should show respect to the Supreme Court.

(D) Yes, because disbarment proceedings are confidential.

5 Mandator Contin ing Legal Ed cation


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5. Mandatory Continuing Legal Education

a. Purpose: to ensure that members of the bar keep abreast with law andjurisprudence; maintain the ethics of the profession; and enhance thestandards of the practice of law.

b. Requirements: 36 hours of MCLE every three years: 6 hours for legalethics, 4 hours to trial and pre-trial skills, 5 hours to alternative disputeresolution, 9 hours to updates in substantive and procedural laws, 4 hoursto legal writing and oral advocacy , 2 hours to international law andinternational conventions, 6 hours to subject as may be prescribed by theMCLE committee.

c. Compliance each member shall secure a Compliance Card before the endof his compliance period. Such card must be returned not later than the dayafter the end of his compliance period.

d. Exemptions:


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1. President and Vice-President, Secretaries and Undersecretaries of

Executive Departments,

2. Senators and Members of the House of Representatives,3. Chief Justice and Associate Justices of the Supreme Court,

incumbent and retired members of the judiciary, incumbent

members of the Judicial and Bar Council, incumbent court lawyers

covered by the Philippine Judicial Academy,

4. Chief State Counsel, Chief State Prosecutor, and Assistant

Secretaries of the Department of Justice,

5. Solicitor General and Assistant Solicitor General,

6. Government Corporate Counsel, Deputy an Assistant

Government Corporate Counsel,7. Chairmen and Members of Constitutional Commissions.

8 The Ombudsman over-all Deputy Ombudsman


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8. The Ombudsman, over-all Deputy Ombudsman,Deputy Ombudsman and Special Prosecutor of the Office

of the Ombudsman,

9. Heads of government agencies exercising quasi-judicial

functions,

10. Incumbent deans, bar reviewers and professors of law

who have teaching experience for a lest ten years inaccredited law schools.

11. The Chancellor, Vice-Chancellor and members of the

Corps of Professors and Professorial Lecturers of the

Philippine Judicial Academy,

11. Governors and mayors,


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12. Those who are not in law practice, private or

public.

13. Those who have retired from law practice

approved by the IBP Board of Governors.

14. Good cause.

e. Sanctions:

1. Non-compliance fee.

2. Non-compliance after 60 days for compliance,

listed as delinquent member of the IBP.

6. NOTARIAL PRACTICE


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6. NOTARIAL PRACTICE

a. Qualifications of Notary Public:

1. Citizen of the Philippines

2. Over 21 years of age

3. Resident of the Philippines for at least 1 year

4. Maintains a regular place of work In the city orprovince where the commission is to be issued,

5. Member of the Philippine bar in good standing

6. Has not been convicted in the first instance of acrime involving moral turpitude.

b. Term of office: two (2) years, commencing from the


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( ) y , g

first day of January of the year in which the commission

was issued.

c. Powers and limitations:

Powers Acknowledgments

Oaths and affirmations

JuratsSignature witnessing

Copy certifications

Any other act authorized by the Rules

1. Witnessing signing by thumbmark

2. Signing on behalf of disabled person.

Limitations:

1. A notary shall not perform a notarial act if the person involved as


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1. A notary shall not perform a notarial act if the person involved as

signatory of the instrument:

(a) is not in the notarys presence personally at the time of

notarization, (Heirs of Villanueva v. Beradio, AC 6270, Jasn 23, 2007)

(b) is not personally known to the notary or identified

through competent document of identity. (Gonzales v. Padiernos, AC

6713, Dec. 8, 2008)

2. A notary is disqualified from performing a notarial act if he:(a) is a party to the document or instrument to be notarized;

(b) will receive as a direct or indirect result any advantage,

right, title, interest, cash, property or other consideration;

(c) is a spouse, common law partner, ancestor, descendant orrelative by affinity or consanguinity of the principal within

the fourth civil degree


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3. A Notary public shall not perform a notarial act if

(a) he knows or has good reason to believe that the

transaction is unlawful or immoral,

(b) the signatory shows a demeanor which engenders

reasonable doubt as to the consequence of the

transaction,

(c) The signatory is not acting of his own free will.

4. A Notary Public shall not

(a) execute a certificate containing information known or

believed to be false,

(b) affix an official signature or seal on a notarial certificate

that is incomplete.

d Notarial Register a permanently bound book containing a


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d. Notarial Register a permanently bound book containing achronological record of notarial acts, with the following

particulars:1. Entry number

2. date and time of act,

3. type of notarial act,

4. type and description of instrument,5. name and address of each principal,

6. name or address of each witness,

7. fee charged,

8. address where notarization was performed if not inregular place of work,

9. any other circumstance.

e. Jurisdiction of Notary Public and place of notarization:


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1. Jurisdiction territorial jurisdiction of the commissioning

court.(TanTiong Bio v. Gonzales, AC 6634, Aug.

23, 2007)2. Place of notarization regular place of work, except:

(a) public office, convention halls, and similar places

where oaths of office may be administered,

(b) public function areas in hotels and similar places forthe signing of documents or instruments requiring

notarization,

(c) hospitals and other medical institutions where a

party to an instrument is confined for treatment.,(d) any place where a party to an instrument is under

detention.


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( )


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(g) fails to require the presence of a principal at the time

of a notarial act;

(h) fails to identify a principal on the basis of personal

knowledge or competent evidence;

(i) executes a false or incomplete certificate;

(j) knowingly perform or fails to perform any other actprohibited or mandated by the Rules;

(k) commits any other dereliction or act which in the

judgment of the Executive Judge constitutes good cause

for revocation of commission or imposition of

administrative sanction.

g. Competent evidence of identity


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1. at least one current identification document issued by an

official agency bearing the photograph and signature of theindividual; or

2. the oath or affirmation of one credible witness not

privy of the instrument, document or transaction who is

personally known to the notary public, or of two witnesses

neither of whom is privy to the instrument, document or

transaction who each personally knows the individual and

shows to the notary public documentary identification.

h. Sanctions:


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The Executive Judge shall cause the prosecution of any

person who:

(1) knowingly acts or impersonates a notary public;

(2) knowingly obtains, conceals, defaces, or destroys the

seal, notarial register, or official records of a notary public,

and

(3) knowingly solicits, coerces, or in any way influences a

notary public to commit official misconduct.

The Executive Judge concerned shall submit semestral

reports to the Supreme Court on discipline and prosecution

of notaries public.

B JUDICIAL ETHICS


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B. JUDICIAL ETHICS

1. Sources:

a. New Code of Judicial Conduct for the Philippine Judiciary

(1) Promulgated April 27, 2004; effective June 1, 2004.

(2) Based on the Bangalore Draft adopted by the Judicial Group

on Strengthening Judicial Integrity, intended to be the Universal

Declaration of Judicial Standards, as revised by the Round TableConference of Chief Justices held at The Hague on November 25-

26, 2002.

b. Code of Judicial Conduct.

(1) Promulgated by the Supreme Court of the Philippines onSeptember , 1989; effective October 20, 1989.

2 Qualities:


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2. Qualities:

a. Independence pre-requisite for the rule of law and fundamental

guarantee of a fair trial (Canon 1).

(1) Covers individual and institutional independence of judges and the

judiciary.

Sec. 1 judges shall exercise functions on the basis of facts and law,

independently, free from influence from any quarter.

Go vs. CA, 206 SCRA 165 public opinionRamirez v. Corpuz-Macandog, 144 SCRA 462 public official

Sec. 2 judges shall be independent from judicial colleagues.

Sec. 3 - judges shall refrain from influencing another court or

administrative agency.

Sabitsana v. Villamor,202 SCRA 405 pressuring MTC judge

Sec. 4 - judicial prestige should not be used to advance private

interests of others.

Sec. 5 judges shall be free from inappropriate connection


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j g pp p

with the executive and judicial branches.

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

general.

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

Sec. 8 - judges shall promote high standards of judicial

conduct in order to promote public confidence in the judiciarywhich is fundamental to the maintenance of judicial

independence.


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b. Integrity essential in the official and personal

demeanor of judges. (Canon 2)Sec. 1judges conduct should not only be above reproach but perceived

to be above reproach.

In the judiciary, moral integrity is more than a cardinal virtue. It is a

necessity. (Fernandez v. Hamoy, 436 SCRA 186)

Ignorance of the law is a mark of incompetence, and where the law

involved is elementary, ignorance thereof is considered an indication of

lack of integrity (Macalintal v. Teh, 280 SCRA 623)

Sec. 2 - conduct of judges must reaffirm peoples faith in the integrity of

the judiciary.

Sec. 3 - judges should take appropriate disciplinary measures against

lawyers and court personnel.

c. Impartiality essential to the proper discharge of the judicial


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office. (Canon 3)

Sec. 1 Judges shall perform duties without favor, bias or prejudice.

Sec. 2 - Judges should ensure that their conduct maintains and enhancesthe confidence of the public in the impartiality of the judge and the

judiciary.

Pimentel v. Salanga, 21 SCRA 160 peoples faith in the judiciary

Parayno v. Meneses, 231 SCRA 807duty to sit

Sec. 3 Judges shall conduct themselves so as to minimize occasions in

which it will be necessary for them to be disqualified from hearing or

deciding a case.

Sec. 4 Judges shall not make any comment might be expected to

influence the outcome of the proceeding before him.

S 5 J d h ll di lif th l i di i


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Sec. 5 Judges shall disqualify themselves in any proceedings in

which they are unable to decide the matter impartially or in which

it may appear to a reasonable observer that they are unable to

decide the matter impartially. (Ref. Sec. 1, Rule 137, Rules of Court)

(a) The judge has actual bias or prejudice concerning a party or

personal knowledge of disputed evidentiary facts.

(b) The judge has previously served as a lawyer or was a

material witness in the matter in controversy.

(c) The judge or member of his family has an economic interest

in the outcome of the matter in controversy.

(d) The judge served as executor, administrator, guardian,

trustee or lawyer in the matter in controversy, or a formerassociate of the judge served as counsel during their association, or

the judge or lawyer was a material witness therein.

(e) Thejudges ruling in a lower court is the subject of review.

Sandoval v CA 260 SCRA 283 partial participation


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Sandoval v. CA, 260 SCRA 283 partial participation

(f) The judge is related by consanguinity or affinity to a party litigant

within the sixth civil degree or to counsel within the fourth civil degree.

Villaluz v. Mijares, 288 SCRA 594 petitionerisjudges daughter

(g) The judge knows that his or her spouse or child has a financial interest

as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in

controversy, or in a party to the proceeding, or any other interest that

could be substantially affected by the outcome of the proceedings.

Sec. 6. If the parties and lawyer, independently of the judges

participation, all agree in writing that the reason for the inhibition is

immaterial or unsubstantial, the judge may then participate in the

proceedings. The agreement, signed by all the parties and lawyers, shall

be incorporated in the record of the proceedings.

Remittal ofdisqualificationCode of Judicial conduct


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d. Propriety essential to all activities of a judge. (Canon 4)

Sec. 1 Judges shall avoid impropriety and appearance of impropriety inall their activities.

a. Acts not per se improper can be perceived by the larger community

as such.

b. Judge who heard case while on vacation and dressed only in a polo

shirt (Liwanag v. Lusre, A.M> MTJ-08-98-1168, April 21, 1999); tastelessjokes in a wedding ceremony (Hadap v. Lee, 114 SCRA 559).

Sec. 2 - Judges must accept personal restrictions that might be viewed as

burdensome by ordinary citizens, and in particular conduct themselves in

a way that is consistent with the dignity of the judicial office.


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Sec. 3 In their relations with lawyers who practice regularly before their

courts, judges shall avoid situations giving rise to suspicions or appearanceof favoritism or partiality.

Sec. 4 A judge shall not participate in determination of a case in which any

member of their family represents a litigant or is in any manner associated

with the case.

Sec. 5 - A judge shall not allow the use of his residence by members of thelegal profession to receive clients of the latter or of other members of thelegal profession.

Sec. 6 In exercising freedom of expression, belief, association andassembly, judges shall conduct themselves in such a manner as to preservethe dignity, impartiality and independence of the judicial office.

Macias v. Arula, 115 SCRA 135 participating in a political rallyIn re Judge Acua, 464 SCRA 250 use of expletives

Sec. 7 Judges shall inform themselves about their personal fiduciary andfinancial interests and those of the members of their family.


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financial interests and those of the members of their family.

Sec. 8 Judges shall not use or lend the prestige of the judicial office toadvance their private interests or those of a member of their family, or any

one else.Vistan v. Nicolas, 201 SCR 524 filed complaint for estafa in his ownsala and assisted in issuance of warrant of arrest.

Dionisio v. Escao, 302 SCRA 411 posting notices for family restaurntbusiness in court bulletin board

Sec. 9 Confidential information acquired by a judges in their official capacity

shall not be used for any other purpose related to their judicial duties.Sec. 10 Judges may engage in activities that do not detract from the dignity

of the judicial office or otherwise interfere with the performance of

judicial duties.

In re Designation of Judge Rodolfo Manzano, AM 88-7-861-RTC

consitutional prohibition against designation of judges to agenciesperforming quasi-judicial or administrative functions.


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Sec. 11 - Judges shall not practice law while the holder of judicial office.

MTC judges as notaries public ex officio, may not notarize privatedocumenrts, except (1) when no lawyers available in the municipality, and

(2) notarial feees are paid to the governments account.

Sec. 12 Judges may form or join associations of judges or participate in

other organization representing the interests of judges.

Sec. 13 Judges and members of their families shall neither ask for noraccept any gift, bequest, loan or favor in relation to anything done or to be

done or entitled to be done by him in connection with the performance of

his judicial duties.

Sec. 14. Judges shall not knowingly permit court staff or others subject to

their influence, direction or authority, to ask for or accept any gift,


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bequest, loan or favor in relation to anything done or to be done or

entitled to be done in connection with their duties and functions.

Sec. 15. Subject to law and to any local requirements of public disclosure,judges may receive a token gift, award or benefit as appropriate to the

occasion on which it is made, provided that such gift, award or benefit

might not be reasonably perceived as intended to influence the judge in

the performance of official duties or otherwise give rise to an appearance

of partiality.Gifts from foreign sources governed by Sec. 7 (d) of R.A. 6713.

e. Equality - essential to the due performance of judicial duties. (Canon 5)

Sec. 1 Judges shall be aware of and understand diversity in society and

differences arising from various sources.


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a. Awareness of international instruments concerning equality of humnbeings, and rights of women and children.

b. Gender and Development Mainstreaming Plan for the PhilippineJudicial System adopted on December 9, 2003.

c. Judges should avoid first impressions, hasty conclusions andprejudgments.

Sec. 2 Judges shall not in performance of judicial duties manifest biasor prejudice on irrelevant grounds.

Sec.3 - Judges shall carry out judicial duties with appropriateconsideration for all persons, without differentiation on any irrelevantground.

Sec. 4. Judges shall not permit court staff to differentiate betweenpersons concerned in a matter before the judge on any irrelevant ground.

Sec. 5 Judges shall require lawyers in proceedings before the court torefrain from manifesting bias or prejudice based on irrelevant grounds.

f. Competence and diligence prerequisite to the due performance ofjudicial duties. (Canon 6)


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judicial duties. (Canon 6)

Sec. 1 Judicial duties of a judge shall take precedence over all other

activities.

Sec. 2 Judges shall devote their professional activity to judicial duties,

which include other tasks relevant to the judicial office or the courts

operations.

Sec. 3 Judges shall take reasonable steps to maintain and enhance their

knowledge, skill and personal qualities for the proper performance of

judicial duties.

Sec. 4 Judges shall keep themselves informed about relevant

developments of international law, including international conventions

and other instruments establishing human rights norms.

Two general source of international lawcustom art and conventional

norms.

d h ll f ll d l d l d


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Sec. 5 Judges shall perform all judicial duties, including

the delivery of reserved decisions, efficiently, fairly and

with reasonable promptness.

Sec. 6. Judges shall maintain order and decorum in all

proceedings before the court, and be patent, dignified

and courteous in relation to litigants, witnesses, lawyers

and others with whom the judge deals in an official

capacity.

Sec. 7 Judges shall not engage in conduct incompatible

with the diligent discharge of judicial duties.


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3. Discipline of Members of the judiciary

a. Members of the Supreme Court by impeachment only.

b. Lower court judges and justices by removal by the

Supreme Court for grounds as may be provided by law.

c. Grounds:

1. Under Sec. 87 of the Judiciary Act of 1948 Serious


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1. Under Sec. 87 of the Judiciary Act of 1948 Serious

misconduct and inefficiency.

2. Under Sections 8, 9 and 10 of Rule 140: serious, lessserious and light charges.

Serious:

1. Bribery, direct or indirect

2. Dishonesty and violations of the Anti-Graft Law (RA 3019)

3. Gross misconduct constituting violations of the Code

of Judicial Conduct.

4. Knowingly rendering an unjust judgment or order.

5. Conviction of a crime involving moral turpitude

6. Willful failure to pay a just debt

7. Borrowing from lawyers and litigants in a case pending


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7. Borrowing from lawyers and litigants in a case pending

before the court

8. Immorality9. Gross ignorance of the law or procedure

10. Partisan political activities

11. Alcoholism and/or vicious habits

Less serious

1. Undue delay in rendering a decision or order. Or in

transmitting the records of the court

2. Frequent and unjustified absences without leave or

habitual tardiness

3. Unauthorized practice of law

4. Violation of Supreme Court rules, directives, and circulars


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5. Receiving additional or double compensation unless

specifically authorized by law.6. Untruthful statements in the certificate of service, and

7. Simple misconduct

Light

1. Vulgar and unbecoming conduct2. Gambling in public

3. Fraternizing with lawyer

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