I. Legal Ethics: San Beda College of Law

San Beda College of Law
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MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
I. LEGAL ETHICS
PRELIMINARY MATTERS ESSENTIAL CRITERIA DETERMINATIVE
OF ENGAGING IN THE PRACTICE OF
Legal Ethics – branch of moral science LAW: (HACA)
which treats of the duties which an 1. Habituality- implies
attorney owes to the court, to his client, customarily or habitually holding
to his colleagues in the profession and to oneself out to the public as a
the public. lawyer
- It is the embodiment of all 2. Compensation- implies
principles of morality and refinement that one must have presented
that should govern the conduct of every himself to be in the active
member of the bar. practice and that his professional
services are available to the
PRIMARY CHARACTERISTICS WHICH public for compensation, as a
DISTINGUISH THE LEGAL PROFESSION source of his livelihood or in
FROM BUSINESS consideration of his said
1. A duty of public service services.
2. A relation, as an “officer of the 3. Application of law, legal
court”, to the administration of principle, practice, or
justice involving thorough procedure which calls for legal
sincerity, integrity and reliability knowledge, training and
3. A relation to clients with the experience
highest degree of fiduciary 4. Attorney – client
4. A relation to the colleagues at relationship
the bar characterized by candor,
fairness and unwillingness to PRIVATE PRACTICE
resort to current business Private practice is more than an
methods of advertising and isolated appearance for it consists of
encroachment on their practice, frequent or customary actions, a
or dealing directly with their succession of acts of the same kind.
clients.
NOTE: An isolated appearance does
PRACTICE OF LAW not amount to practice of law of a public
officer if allowed by his superior in
CASE: Any activity in or out of court exceptional cases.
which requires the application of law,
legal principle, practice or procedure NOTE: The practice of law is not a
and calls for legal knowledge, training natural, property or constitutional right
and experience. (Cayetano vs Monsod, but a mere privilege. It is not a right
201 SCRA 210) granted to any one who demands it but a
Strictly speaking, the word privilege to be extended or withheld in
practice of law implies the customary or the exercise of sound judicial discretion.
habitual holding of oneself to the public It is in the nature of a franchise
as a lawyer and demanding conferred only for merit which must be
compensation for his services. [People earned by hard study, learning and good
vs. Villanueva 14 SCRA 111] conduct. It is a privilege accorded only
to those who measure up to certain rigid
standards of mental and moral fitness.
Those standards are neither dispensed
with nor lowered after admission. The
attorney’s continued enjoyment of the
privilege conferred depends upon his
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
2 2005 CENTRALIZED BAR OPERATIONS
complying with the ethics and rules of 6. Ordain the integration of the
333the profession. Philippine Bar
But practice of law is in the 7. Punish for contempt any person
nature of a right. While the practice of for unauthorized practice of law
law is a privilege, a lawyer cannot be 8. Exercise overall supervision of
prevented from practicing law except for the legal profession
valid reasons, the practice of law not 9. Exercise any other power as may
being a matter of state’s grace or favor. be necessary to elevate the
He holds office during good behavior and standards of the bar and
can only be deprived of it for misconduct preserve its integrity.
ascertained and declared by judgment of
the Supreme Court after opportunity to On the other hand, the
be heard has been afforded him. The LEGISLATURE, in the exercise of its
state cannot exclude an attorney from POLICE POWER may, however, enact
the practice of law in a manner or for laws regulating the practice of law to
reasons that contravene the due process protect the public and promote the
or equal protection clause of the public welfare. But the legislature MAY
Constitution. NOT pass a law that will control the SC
in the performance of its function to
POWER TO REGULATE THE PRACTICE decide who may enjoy the privilege of
OF LAW practicing law and any law of that kind is
unconstitutional as an invalid exercise of
CASES: The Constitution [Art. VIII, legislative power.
Sec. 5(5)] vests this power of control and
regulation in the Supreme Court. The
constitutional power to admit candidates WHO MAY PRACTICE LAW?
to the legal profession is a judicial
function and involves the exercise of Any person heretofore duly
discretion. Petition to that end is filed admitted as a member of the bar, or
with the Supreme Court as are other hereafter admitted as such in
proceedings invoking judicial function accordance with the provisions of this
[In re: Almacen 31 SCRA 562] rule, and who is in good and regular
The SC acts through a Bar standing, is entitled to practice law.
Examination Committee in the exercise [Sec. 1, Rule 138]
of its judicial function to admit
candidates to the legal profession. Thus,
the Committee is composed of a member REQUIREMENTS BEFORE A
of the Court who acts as Chairman and 8 CANDIDATE CAN ENGAGE IN THE
members of the bar who acts as
PRACTICE OF LAW
examiners in the 8 bar subjects with one
subject assigned to each. [In re I. He must have been admitted to the
Lanuevo, 66 SCRA 245] Bar
The power of the SC to regulate the a. Furnishing satisfactory proof of
practice of law includes the authority to: educational, moral and other
qualification;
1. Define the term
2. Prescribe the qualifications of a b. Passing the bar
candidate to and the subjects of c. Taking the Lawyer’s Oath before
the bar examinations the SC
3. Decide who will be admitted to A lawyer’s oath signifies that
practice the lawyer in taking such an oath
4. Discipline, suspend or disbar any accepts and affirms his ethical
unfit and unworthy member of obligations in the performance
the bar of his duties as a lawyer and
5. Reinstate any disbarred or signifies likewise his awareness
indefinitely suspended attorney of his responsibilities that he
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
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assumes by his admission to the rule of right and duty which a person
legal profession. should follow.
d. Signing the Attorney’s Roll and
receiving from the Clerk of Court ACADEMIC REQUIREMENTS FOR THE
of the SC a Certificate of the CANDIDATES
license to practice 1. Must have already earned a
II. After his admission to the bar, a Bachelor’s Degree in Arts or
lawyer must remain in good and regular Sciences (Pre-law)
standing, which is a continuing 2. Law Course – completed
requirement for the practice of law. He courses in Civil Law, Commercial
must: Law, Remedial Law, Criminal
a. Remain a member of the IBP Law, Public and International
(membership therein by every Law, Political Law, Labor and
attorney is made compulsory); Social Legislation, Medical
b. Regularly pay all IBP membership Jurisprudence, Taxation, Legal
dues and other lawful Ethics. [Sec. 5 and 6, Rule 138]
assessments, as well as the
annual privilege tax;
c. Faithfully observe the rules and APPEARANCE OF NON-LAWYER IN
ethics of the legal profession;
and COURT
d. Be continually subject to judicial
disciplinary control. MAY A NON-LAWYER APPEAR IN COURT?
General Rule: Only those who are
licensed to practice law can appear and
BASIC REQUIREMENTS FOR handle cases in court.
ADMISSION TO THE BAR
Exceptions:
Under Section 2, 5 and 6, Rule 138, the
1. Before the MTC - a party may
applicant must be:
conduct his case or litigation in
1. Citizen of the Philippines;
person with the aid of an
agent or friend appointed by him.
2. At least 21 years of age;
[Sec. 34, Rule 138]
3. Of good moral character;
2. Before any court – a party may
(Note: This is a continuing
conduct his litigation personally. But
requirement.)
he gets someone to aid him and that
4. Resident of the
someone must be an authorized
Philippines; member of the Bar [Sec. 34, Rule
5. Must produce before the 138]. He is bound by the same rules
SC satisfactory evidence of good in conducting the trial of his case.
moral character; He cannot, after judgment, claim
6. No charges against him, that he was not properly
involving moral turpitude, have represented.
been filed or are pending in any
3. In a criminal case before the MTC –
court in the Phil. [Sec. 2, Rule
in a locality where a duly licensed
138];
member of the Bar is not available,
7. Must have complied with
the judge may appoint a non-lawyer
the academic requirements; who is a resident of that province, of
8. Pass the bar good repute for probity and ability
examinations. to the accused in his defense. [Sec.
7, Rule 116]
Moral Turpitude – imports an act of 4. Student Practice Rule - A law
baseness, vileness or depravity in the student who has successfully
duties which one person owes to another
completed his 3rd year of the regular
or to society in general which is contrary
4-year prescribed law curriculum and
to the usually accepted and customary is enrolled in a recognized law
school’s clinical legal education licensed member of the bar, except in

program approved by the SC – may the municipal trial court where it may be
appear without compensation in any represented by its agent or officer who
civil, criminal or administrative case need not be a lawyer.
before any trial court, tribunal,
board or officer, to represent
indigent clients accepted by the PARTNERSHIP WITH NON-LAWYERS
Legal Clinic of the school. [Sec. 1, VOID
Rule 138-A] The student shall be In the formation of partnership for
under the direct supervision and the practice of law, no person should be
control of a member of the IBP duly admitted or held out as a practitioner or
accredited by the law school. [Sec. member who is not a member of the
2] legal profession duly authorized to
5. Under the Labor Code – non-lawyers practice, and amenable to professional
may appear before the NLRC or any discipline.
Labor Arbiter if they (a) represent
themselves; (b) represent their PRACTICE BY CORPORATION
organization or members thereof It is well settled that a
[Art. 222, PD 442] corporation CANNOT engage in the
6. A non-lawyer may represent a practice of law. It may, however, hire an
claimant before the Cadastral Court attorney to attend to and conduct its
[Sec. 9, Act. No. 2259] own legal business or affairs. But it
7. Any person appointed to appear for cannot practice law directly or indirectly
the government of the Philippines in by employing a lawyer to practice for it
accordance with law [Sec. 33, Rule or to appear for others for its benefit.
138] Reasons:
1. Nature of the privilege and on the
LIMITATIONS ON APPEARANCE OF NON- confidential and trust relation
LAWYERS BEFORE THE COURTS between attorney and client.
1. He should confine his work to 2. A corporation cannot perform the
non-adversary contentions. He conditions required for membership
should not undertake purely in the bar, such as the possession of
legal work, such as the good moral character and other
examination or cross- special disqualifications, the taking
examination of witnesses, or the of an oath and becoming an officer
presentation of evidence. of the court, subject to its
2. Services should not be habitually discipline, suspension or removal.
rendered. 3. The relation of trust and confidence
3. Should not charge or collect cannot arise where the attorney is
attorney’s fees. [PAFLU vs. employed by a corporation to
Binalbagan Isabela Sugar Co. 42 practice for it, his employer and he
SCRA 302] owing, at best, a secondary and
divided loyalty to the clientele of
RIGHT OF PARTY TO REPRESENT his corporate employer.
HIMSELF 4. The intervention of the corporation
Civil Cases: An individual litigant has the is destructive of that confidential
right to conduct his litigation personally. and trust relation and is obnoxious
Criminal Cases: Involving grave and less to the law.
grave offenses, an accused who is a
layman must always appear by counsel; PERSONS AUTHORIZED TO REPRESENT
he CANNOT conduct his own defense, as THE GOVERNMENT
his right to counsel may NOT be waived Any official or other person
without violating his right to due process appointed or designated in accordance
of law. with law to appear for the government
By a Juridical Person: A juridical person of the Philippines or any of its officials
must always appear in court by a duly shall have all the rights of a duly

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authorized member of the bar to appear word “appearance” includes not only
in any case in which the government has arguing a case before any such body but
an interest, direct or indirect, or in also filing a pleading on behalf of a
which such official is charged in his client as “by simply filing a formal
official capacity. motion, plea or answer”. [Ramos vs.
Manalac 89 Phil 270]
RULES ON PUBLIC OFFICIALS Neither can he allow his name to
appear in such pleading by itself or as
REGARDING PRACTICE OF LAW part of a firm name under the signature
of another qualified lawyer because the
PUBLIC OFFICIALS WHO CANNOT signature of an agent amounts to signing
PRACTICE LAW IN THE PHILIPPINES of a non-qualified senator or
1. Judges and other officials or congressman, the office of an attorney
employees of the superior court being originally of agency, and because
he will, by such act, be appearing in
2. Officials and employees court or quasi-judicial or administrative
of the Office of the Solicitor body in violation of the constitutional
General restriction. “He cannot do indirectly
3. Government Prosecutors what the Constitution prohibits
4. President, Vice- directly”. [In re: David 93 PHIL 461]
President, members of the
Cabinet, their deputies and RESTRICTIONS IN THE PRACTICE OF
assistants LAW OF THE MEMBERS OF THE
5. Chairmen and members SANGGUNIAN
of the Constitutional They shall not:
Commissions 1. Appear as counsel before
6. Ombudsman and his any court in any civil case
deputies wherein a local government unit
7. Governors, city and or any office, agency or
municipal mayors instrumentality of the
8. Those who, by special government is the adverse party;
law are prohibited from engaging 2.Appear as counsel in any
in the practice of their legal criminal case wherein an officer
profession or employee of the national or
local government is accused of
PUBLIC OFFICIALS WITH RESTRICTIONS an offense committed in relation
IN THE PRACTICE OF LAW to his office;
1. Senators and Members of the 3.Collect any fee for their
House of Representatives appearance in administrative
2. Members of the proceedings involving the local
Sanggunian government unit of which he is
3. Retired Justice or Judge an official. [Sec. 90, R.A. 7160]
4. Civil Service officers or 4. Use property and personnel of
employees without permit from the government except when the
their respective department Sanggunian member concerned is
heads [Noriega vs. Sison 125 defending the interest of the
SCRA 293] government
RESTRICTIONS IN THE PRACTICE OF RESTRICTIONS IN THE PRACTICE OF
LAW OF MEMBERS OF LEGISLATURE LAW OF RETIRED JUSTICE/JUDGE
As a condition of the pension
CASES: A lawyer-member of the provided under R.A. 910, no retiring
legislature is only prohibited from justice or judge of a court of record or
appearing as counsel before any court of city or municipality judge during the
justice, electoral tribunals or quasi- time that he is receiving said pension
judicial and administrative bodies. The shall:
Appear as counsel before any court in:

a. Any civil case wherein the OTHER PRIVILEGES:
government or any subdivision First grade civil service eligibility for any
or instrumentality thereof is position in the classified service in
the adverse party; the government the duties of which
b. Any criminal case wherein an require knowledge of law.
officer or an employee of the Second grade civil service eligibility for
government is accused of an any other government position
offense committed in relation which does not prescribe proficiency
to his office. in law as a qualification.
2. Collect any fees for his appearance
in any administrative proceedings to FOUR-FOLD DUTIES OF A LAWYER
maintain an interest adverse to the 1. Court- respect or defend against
government, provincial or criticisms, uphold authority and
municipal, or to any of its legally dignity, obey order and processes,
constituted officers [Sec 1, RA 910]. assist in the administration of
justice.
REMEDIES AGAINST UNAUTHORIZED
PRACTICE (DICED)
2. Bar- candor, fairness, courtesy and
truthfulness, avoid encroachment in
1. Petition for Injunction the business of other lawyers,
2. Declaratory Relief uphold the honor of the profession.
3. Contempt of Court 3. Client- entire devotion to client’s
4. Disqualification and interest.
complaints for disbarment 4. Public- should not violate his
5. Criminal complaint for responsibility to society, exemplar
estafa against a person who for uprighteousness, ready to render
falsely represented to be an legal aid, foster social reforms,
attorney to the damage of a guardian of due process, aware of
party special role in the solution of
special problems and be always
ready to lend assistance in the study
PRIVILEGES AND DUTIES OF A and solution of social problems.
LAWYER
SPECIFIC DUTIES OF A LAWYER (SEC.
PRIVILEGES OF AN ATTORNEY: 20, RULE 138) [C2A2R2E2D]
1. To practice law during good 1. To maintain Allegiance
behavior before any judicial, quasi- to the Republic of the
judicial, or administrative tribunal. Philippines and to support the
2. The first one to sit in judgment on Constitution and obey the laws
every case, to set the judicial of the Philippines;
machinery in motion. 2. To observe and maintain
3. Enjoys the presumption of regularity the Respect due to the courts of
in the discharge of his duty. justice and judicial officers;
4. He is immune, in the performance 3. To Counsel and maintain
of his obligation to his client, from the respect due to the courts of
liability to a third person insofar as justice and judicial officers;
he does not materially depart from 4. To Employ, for the
his character as a quasi-judicial purpose of maintaining the
officer. causes confided to him, such
5. His statements, if relevant, means only as are consistent
pertinent or material to the subject with truth and honor, and never
of judicial inquiry are absolutely seek to mislead the judge or any
privileged regardless of their judicial officer by an artifice or
defamatory tenor and of the false statement of fact or law;
presence of malice.

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5. To maintain inviolate the Regional State Prosecutor subject to the

Confidence and at every peril to approval of the court (Sec. 5, Rule 110;
himself, to preserve the secrets Rules of Court dated May 1, 2002).
in connection with his client and
to accept no compensation in
connection with his client’s
business except from him or with THE LAWYER’S OATH
his knowledge and approval;
6. To Abstain from all I, ____________, do solemnly
offensive personality and to swear that I will maintain allegiance to
advance no fact prejudicial to the Republic of the Philippines; I will
the honor and reputation of a support its Constitution and obey the
party or witness, unless required laws as well as the legal orders of the
by the justice of the cause with duly constituted authorities therein; I
which he is charged; will do no falsehood, nor consent to the
7. Not to Encourage either doing of any in court; I will not wittingly
the commencement or the or willingly promote or sue any
continuance of an action or groundless, false or unlawful suit, nor
proceeding, or delay any man’s give aid nor consent to the same; I will
cause, from any corrupt motive delay no man for money or malice and
or interest; will conduct myself as a lawyer
8. Never to Reject, for any according to the best of my knowledge
consideration personal to and discretion with all good fidelity as
himself, the cause of the well to the courts as to my clients; and I
defenseless or oppressed; impose upon myself this voluntary
9. In the Defense of a obligation without any mental
person accused of crime, by all reservation or purpose of evasion. So
fair and honorable means, help me God.
regardless of his personal
opinion as to the guilt of the
accused, to present every NOTARY PUBLIC
defense that the law permits to
the end that no person may be A person appointed by the court
deprived of life or liberty, but by whose duty is to attest to the
due process of law. genuineness of any deed or writing
inorder to render them available as
DUTY OF COUNSEL DE OFICIO evidence of facts stated therein and who
A counsel de oficio is expected is authorized by the statute to
to render effective service and to exert administer various oaths.
his best efforts on behalf of an indigent
accused. He has as high a duty to a poor
litigant as to a paying client. He should A.M. No. 02-8-13-SC: Rules on
have a bigger dose of social conscience Notarial Practice of 2004 (August
and a little less of self-interest. 1, 2004)
ROLE OF PRIVATE PROSECUTOR QUALIFICATIONS OF A NOTARY PUBLIC

A private prosecutor may 1. Must be citizen of the Philippines
intervene in the prosecution of a 2. Must be over twenty-one (21)
criminal action when the offended party years of age
is entitled to indemnity and has not 3. Must be a resident in the
waived expressly, reserved or instituted Philippines for at least one (1)
the civil action for damages. He may year and maintains a regular
prosecute the accused up to the end of place of work or business in the
the trial even in the absence of the city or province where the
public prosecutor if authorized by the commission is to be issued
chief of the prosecution office or the
4. Must be a member of the (names and addresses of

Philippine Bar in good standing witnesses) and undersigned
with clearances from the Office notary public”, and
of the Bar Confidant of the 4. The notary public
Supreme Court and the notarizes the signature by
Integrated Bar of the Philippines thumb or other mark through
5. Must not have been convicted in an acknowledgment, jurat or
the first instance of any crime signature witnessing.
involving moral turpitude (Rule A notary public is authorized
III, Section 1) to sign on behalf of a person who is
physically unable to sign or make a
JURISDICTION AND TERM mark on an instrument or document
A notary public may perform if:
notarial acts in any place within the 1. The notary public is
territorial jurisdiction of the directed by the person
commissioning court for a period of unable to sign or make a
two (2) years commencing on the 1 st mark to sign on his behalf;
day of January of the year in which 2. The signature of the
the commissioning is made UNLESS notary public is affixed in
earlier revoked or the notary public the presence of two (2)
has resigned according to these Rules disinterested and unaffected
and the Rules of Court (Rule III, witnesses to the instrument
Section 11). or document;
3. Both witnesses sign their
POWERS AND LIMITATIONS OF own names;
NOTARIES PUBLIC 4. The notary public writes
POWERS below his signature:
A notary public is “Signature affixed by notary
empowered to do the following acts: in the presence of (names
(JAOSAC) and addresses of person and
1. Acknowledgments; two (2) witnesses)”, and
2. Oaths and affirmations; 5. The notary public
3. Jurats; notarizes his signature by
4. Signature witnessings; acknowledgment or jurat
5. Copy certifications; and (Rule IV, Section 1).
6. Any other act authorized
by these Rules. PROHIBITIONS
A notary public is authorized General Rule: A notary public shall not
to certify the affixing of a signature perform a notarial act outside his regular
by thumb or other mark on an place of work or business.
instrument or document presented Exceptions: A notarial act may be
for notarization if: performed at the request of the parties
1. The thumb or other mark in the following sites located within his
is affixed in the presence of territorial jurisdiction:
the notary public and of two a. Public offices, convention halls
(2) disinterested and and similar places where oaths
unaffected witnesses to the of office may be administered;
instrument or document; b. Public function areas in hotels
2. Both witnesses sign their and similar places for the signing
own names in addition to the of instruments or documents
thumb or other mark; requiring notarization;
3. The notary public writes c. Hospitals and medical
below the thumb or other institutions where a party to the
mark: “Thumb or Other Mark instrument or document is
affixed by (name of signatory confined for treatment; and
by mark) in the presence of
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d. Any place where a party to the the notarial act or transaction is

instrument or document unlawful or immoral.
requiring notarization is under 2) When the signatory shows a
detention. demeanor which engenders in
the mind of the notary public
A person shall reasonable doubt as to the
not perform a notarial act if: former’s knowledge of the
1. the person involved as consequences of the transaction
signatory to the instrument requiring a notarial act.
or document- 3) If in the notary’s judgment,
a. Is not in the the signatory is not acting in
notary’s presence at the his/her own free will (Rule IV,
time of the notarization; Section 4).
and 4) If the document or
b. Is not personally instrument to be notarized is
known to the notary considered as an improper
public or otherwise document by these Rules.
identified by the notary
public through NOTE: A blank or incomplete instrument
competent evidence of or document OR an instrument or
identity as defined by document without appropriate notarial
these Rules (Rule IV, certification is considered an Improper
Section 2). Instrument/Document (Rule IV, Section
2. the certificate containing an 6).
information known or
believed to be false; and NOTARIAL CERTIFICATES
3. he shall not affix an official Contents of the Concluding part of the
signature or seal on a Notarial Certificate:
notarial certificate that is 1) The name of the notary public as
incomplete (Rule IV, Section exactly indicated in the
5). commission;
2) The serial number of the
DISQUALIFICATIONS commission of the notary public;
A notary public is disqualified from 3) The words “Notary Public” and
performing a notarial if he: the province or city where the
1) Is a party to the instrument or notary public is commissioned,
document; the expiration date of the
2) Will receive, as a direct or commission and the office
indirect result any commission, address of the notary public; and
fee, advantage, right, title, 4) The Roll of Attorneys’ number,
interest, cash, property, or other the Professional Tax Receipt
consideration, except as number and the place and date
provided that is to be notarized; of issuance thereof and the IBP
3) Is a spouse, common-law Membership number (Rule VIII,
partner, ancestor, descendant, Section 2).
or relative by affinity or
consanguinity of the principal REVOCATION OF COMMISSION
within the fourth civil degree The Executive Judge shall revoke a
(Rule IV, Section 3). commission for any ground on which an
application for a commission may be
When notary public may refuse to denied.
notarize even if appropriate fee is In addition, the Executive Judge may
tendered: revoke the commission of or impose
1) When the notary knows or sanctions upon any notary public who:
has good reason to believe that 1) Fails to keep a notarial
register;
2) Fails to make the appropriate official misconduct (Rule XII,

entry or entries in his notarial Section 1).
register concerning his notarial
acts;
3) Fails to send the copy of the TERMS TO REMEMBER
entries to the Executive Judge
within the first ten (10) days of
Amicus Curiae- is an experienced and
the month following;
impartial attorney invited by the
4) Fails to affix to
court to appear and help in the
acknowledgments the date of
disposition of the issues submitted
expiration of his commission;
to it. It implies friendly intervention
5) Fails to submit his notarial
of counsel to call the attention of
register, when filled, to the
the court to some matters of law or
Executive Judge;
facts which might otherwise escape
6) Fails to make his report,
its notice and in regard to which it
within a reasonable time, to the
might go wrong. An amicus curiae
Executive Judge concerning the
appears in court not to represent
performance of his duties, as
any particular party but only to
may be required by the Judge;
7) Fails to require the assist the court.
presence of the principal at the
Amicus Curiae par excellence – bar
time of the notarial act;
associations who appear in court as
8) Fails to identify a principal
amici curiae or friends of the court.
on the basis of personal
knowledge or competent Acts merely as a consultant to guide
evidence; the court in a doubtful question or
9) Executes a false or issue pending before it.
incomplete certificate under
Attorney ad hoc- a person named
Section 5, Rule IV;
10) Knowingly performs or fails appointed by the court to defend an
to perform any other act absentee defendant in the suit in
prohibited or mandated by these which the appointment is made.
Rules; and
11) Commits any other Attorneys-At-Law – that class of persons
dereliction or act which in the who are licensed officers of the
judgment of the Executive Judge courts empowered to appear,
constitutes good cause for the prosecute and defend, and upon
revocation of the commission or whom peculiar duties,
imposition of administrative responsibilities and liabilities are
sanction (Rule XI, Section 1). developed by law as a consequence.
PUNISHABLE ACTS Attorney in fact- simply an agent whose

The Executive Judge shall cause the authority is strictly limited by the
prosecution of any person who: instrument appointing him. His
1) Knowingly acts or otherwise authority is provided in a special
impersonates a notary public; power of attorney or general power
of attorney or letter of attorney. He
2) Knowingly obtains, conceals, is not necessarily a lawyer.
defaces, or destroys the seal,
Attorney of record- the attorney whose
notarial register, or official
name is entered in the records of an
records of a notary public; and
action or suit as the lawyer of a
3) Knowingly solicits, coerces, or designated party thereto.
in any way influences a notary
Bar and Bench – “Bar” refers to the
public to commit
whole body of attorneys and
counselors collectively, the
11
members of the legal profession: party’s case, as distinguished from

“Bench” denotes the whole body of his juniors or subordinates.
judges.
Bar Association – an association of Of Counsel – an experienced lawyer,
members of the legal profession like usually a retired member of the
the IBP where membership is judiciary, employed by law firms as
integrated or compulsory. consultants.
Client – one who engages the services of Practicing Lawyer – one engaged in the
a lawyer for legal advice or for practice of law who by license are
purposes of prosecuting or officers of the court and who are
defending a suit in behalf and empowered to appear, prosecute
usually for a fee. and defend a client’s cause.
Counsel/Attorney de oficio – an Pro Se - an appearance by a lawyer in his

attorney appointed by the court to own behalf.
defend an indigent defendant in a
criminal action. Trial Lawyer – one who personally
In a criminal action, if the handles cases in court,
defendant appears without an administrative agencies of boards
attorney, he must be informed by which means engaging in actual trial
the court that it is his right to have work, either for the prosecution or
an attorney before being arraigned for the defense of cases of clients.
and must be asked if he desires the
aid of an attorney. If he desires and II .THE CANONS OF
is unable to employ an attorney, the
court must assign a counsel de
PROFESSIONAL
oficio to defend him. He is also
designated as counsel of indigent
RESPONSIBILITY
litigants. The appointment of a
counsel de oficio in that instance is Chapter I: The Lawyer and
a matter of right on the part of the Society CANON -
defendant. 1. Uphold the Constitution and
On appeal in a criminal case, the obey the laws of the land
appellate court must also appoint a 2. Make legal services available
counsel de oficio if, as shown by the in an efficient and
certificate of the clerk of court of convenient manner
the trial court, a defendant (a) is 3. Use of true, honest, fair,
confined in prison, (b) without dignified and objective
means to employ an attorney, (c) information in making known
desires to be defended de oficio. legal services
4. Participate in the
House Counsel – one who acts as improvement of the legal
attorney for business though carried system
as an employee of that business and 5. Keep abreast of legal
not as an independent lawyer. development and participate
in continuing legal education
Lawyer – this is the general term for a program and assist in
person trained in the law and disseminating information
authorized to advice and represent regarding the law and
others in legal matters jurisprudence
6. Applicability of the CPR to
Lead Counsel – the counsel on either lawyers in the government
side of a litigated action who is service
charged with the principal
management and direction of a
Chapter II: The Lawyer and the Legal 22. Withdraw services only for
Profession good cause and upon notice
CANON -
7. At all times uphold the
integrity and dignity of the LAWYER’S DUTIES TO SOCIETY
Profession and support the
activities of the IBP CANON 1: UPHOLD THE CONSTITUTION
8. Conduct himself with AND OBEY THE LAWS OF THE LAND
courtesy, fairness and
candor toward his colleagues DISCOURAGING LAW SUITS Under
and avoid harassing tactics Rule 1.03, a lawyer shall not
9. Not to directly or indirectly for any corrupt motive or interest,
assist in the unauthorized encourage any suit or proceeding or
practice of law delay any man’s cause.
CRIME OF MAINTENANCE – A lawyer
Chapter III: The Lawyer and the owes to society and to the court the
Courts CANON - duty not to stir up litigation. The
10. Owes candor, fairness and following are unprofessional acts within
good faith to the court the prohibition:
11. Observe and maintain the 1. Volunteering advice to bring
respect due courts and lawsuit except where ties of
judicial officers blood, relationship, and trust
12. Duty to assist in the speedy make it a duty to do so.
and efficient administration 2. Hunting up defects in titles or
of justice other causes of action and
13. Rely upon the merits of his informing thereof to be
cause, refrain from any employed to bring suit or collect
impropriety which tends to judgment, or to breed litigation
influence courts, or give the by seeking out claims for
appearance of influencing personal injuries or any other
the court grounds to secure them as
Chapter IV: The Lawyer and the clients.
Client CANON - 3. Employing agents or runners for
14. Not to refuse his services to like purposes.
the needy 4. Paying direct or indirect reward
15. Observe candor, fairness and to those who bring or influence
loyalty in all his dealings and the bringing of such cases to his
transactions with clients office.
16. Hold in trust all the moneys 5. Searching for unknown heirs and
and property of his client soliciting their employment.
that may come to his 6. Initiating a meeting of a club and
possession inducing them to organize and
17. Owes fidelity to clients contest legislation under his
cause and be mindful of the guidance.
trust and confidence 7. Purchasing notes to collect them
reposed in him by litigation at a profit.
18. Serve client with
competence and diligence A lawyer shall refrain from
19. Represent client with zeal committing barratry and ambulance
and within the bounds of law chasing of cases.
20. Charge only fair and
reasonable fees Barratry – offense of frequently inciting
21. Preserve the confidence and and stirring up quarrels and suits. The
secrets of client even after lawyer’s act of fomenting suits among
the atty.-client relation is individuals and offering his legal services
terminated to one of them
13
General Rule: A lawyer cannot

Ambulance Chasing – a lawyer’s act of advertise his talent, as he is a member
chasing the victims of an accident for of an honorable profession whose
the purpose of talking to the same primary purpose is to render public
victim or the latter’s relatives and service and help secure justice and in
offering his legal services for the filing of which the remuneration is a mere
the case against the person who caused incident.
the accident. It is highly unethical for an
attorney to advertise his talents or skill
Ambulance Chaser – is a lawyer who as a merchant advertises his wares. [In
haunts hospitals and visits the homes of re: Tagorda 53 Phil 42]
the afflicted, officiously intruding their
presence and persistently offering his Exceptions:
service on the basis of a contingent. 1. Writing legal articles
2. Engaging in business or other
Ambulance chasing has spawned occupations except when such
recognized evils such as: (FSMD) could be deemed improper, be
1. Fomenting of litigation with seen as indirect solicitation or
resulting burdens on the courts would be the equivalent of law
and the public. practice.
2. Subornation of perjury. 3. Law lists, but only brief
3. Mulcting of innocent persons by biographical and informative
judgments, upon manufactured data
causes of action. 4. Ordinary, professional cards
4. Defrauding of injured persons 5. Notice to other local lawyers
having proper causes of action and publishing in a legal journal
but ignorant of legal rights and of one’s availability to act as an
court procedures by means of associate for them
contractswhichretain 6. The proffer of free legal
exorbitant percentages of services to the indigent, even
recovery and illegal charges for when broadcasted over the radio
court costs and expenses and by or tendered through circulation
settlement made for quick of printed matter to the general
returns of fees and against the public.
just rights of the injured 7. Seeking a public office,
persons. which can only be held by a
lawyer or, in a dignified manner,
CANON 2: MAKING AVAILABLE a position as a full time
EFFICIENT LEGAL SERVICE corporate counsel.
A lawyer shall not reject, except 8. Simple announcement of the
for valid reasons, the cause of the opening of a law firm or of
defenseless or the oppressed. (Rule changes in the partnership,
2.01) associates, firm name or office
Even if the lawyer does not address, being for the
accept a case, he shall not refuse to convenience of the profession.
render legal advice to the person 9. Listing in a phone directory,
concerned if only to the extent but not under a designation of a
necessary to safeguard the latter’s special branch of law.
rights. (Rule 2.02) 10. Activity of an association for
the purpose of legal
CANON 3: USE OF TRUE, HONEST, FAIR representation.
AND OBJECTIVE INFORMATION IN
MAKING KNOWN LEGAL SERVICES Solicitation of Cases Constitutes
Malpractice
ADVERTISING AND SOLICITATION

The law prohibits lawyers from CANON 5: KEEP ABREAST OF LEGAL

soliciting cases for the purpose of gain, DEVELOPMENTS AND PARTICIPATE IN
either personally or through paid agents CONTINUING LEGAL EDUCATION
or brokers and makes the act PROGRAM
malpractice [Rule 138, sec. 27, Rules of
Court]. The rule prohibits professional
touting. Neither shall a lawyer “charge THREE-FOLD OBLIGATIONS OF A
rates lower than those customarily LAWYER:
prescribed unless the circumstances so 1. He owes it to himself to continue
warrant.” improving his knowledge of the
law.
USE OF LAW FIRM NAME 2. He owes it to his profession to
1. In the choice of a firm name, no false, take an active interest in the
misleading or assumed name shall be maintenance of high standards of
used. The continued use of the name of legal education.
a deceased partner is permissible 3. He owes it to the lay public to
provided that the firm indicates in all its make the law a part of their
communications that said partner is social consciousness.
deceased. [Rule 3.02, Code of
Professional Responsibility]. Hence, the
rule abandoned the doctrine laid down Bar Matter 850: MANDATORY
in the case of In re: Sycip, 92 SCRA 1 CONTINUING LEGAL EDUCATION (MCLE)
(1979). (Adopting the Rules on the Continuing Legal
Reason: All of the partners by their Education for Members of the Integrated Bar
joined efforts over a period of years of the Philippines)
contributed to the goodwill attached to August 8, 2000
the firm name, and this goodwill is Purpose: To ensure that throughout
disturbed by a change in firm name their career, they keep abreast with law
every time a partner dies. and jurisprudence, maintain the ethics
of the profession and enhance the
2. Where a partner accepts public office, standards of the practice of law.
he shall withdraw from the firm and his
name shall be dropped from the firm Requirements of Completion of MCLE
name unless the law allows him to Members of the IBP, unless
practice concurrently. [Rule 3.02, Code exempted under Rule 7, shall complete
of Professional Responsibility]. every three (3) years at least 36 hours of
continuing legal education activities.
3. Filipino lawyers cannot practice law The 36 hours shall be divided as follows:
under the name of a foreign law firm, as a. 6 hours – legal Ethics
the latter cannot practice law in the b. 4 hours – trial and
Philippines and the use of the foreign pretrial skills
law firm in the country is unethical. c. 5 hours – alternative
(Dacanay vs. Baker & McKenzie, G.R. dispute resolution
Adm. Case No. 2131) d. 9 hours – updates on
substantive and procedural
CANON 4: PARTICIPATE IN THE laws and jurisprudence
IMPROVEMENT OF THE LEGAL e. 4 hours – writing and oral
SYSTEM Examples: advocacy
1. Presenting position papers or f. 2 hours – international
resolutions for the introduction law and international
of pertinent bills in Congress; conventions
2. Petitions with the SC for the g. 6 hours – such other
amendment of the Rules of subjects as may be prescribed by
Court. the Committee on MCLE
Parties Exempted from the MCLE

15
1. The President, Vice-President, exemption (such as physical disability,

and the Secretaries and illness, post-graduate study abroad,
Undersecretaries of executive proven expertise in law) from
departments; compliance with or modification of any
2. Senators and Members of the of the requirements, including an
House of Representatives; extension of time for compliance, in
3. The Chief Justice and Associate accordance with procedure to be
Justices of the SC, incumbent established by the committee on MCLE.
and retired justices of the
judiciary, incumbent members of Proof of exemption: Applications for
the Judicial and Bar Council and exemption from or modification of the
incumbent court lawyers covered MCLE requirement shall be under oath
by the Philippine Judicial and supported by documents.
Academy Program of continuing
legal education; Consequences of Non-Compliance
4. The Chief State Counsel, Chief 1. A member who fails to comply
State Prosecutor and Assistant with the requirements after the
Secretaries of the Department of 60-day period shall be listed as
Justice; delinquent member by the IBP
5. The Solicitor-General and the Board of Governors upon
Assistant Solicitor-General; recommendation of the
6. The Government Corporate Committee on MCLE.
Counsel, Deputy and Assistant 2. The listing as a delinquent
Government Corporate Counsel; member is administrative in
7. The Chairman and Members of nature but shall be made with
the Constitutional Commissions; notice and hearing by the
8. The Ombudsman, the Overall Committee on MCLE.
Deputy Ombudsman, the Deputy
Ombudsman and the Special CANON 6: APPLICABILITY OF THE CPR
Prosecutor of the Office of the TO LAWYERS IN THE GOVERNMENT
Ombudsman; SERVICE
9. Heads of government agencies
exercising quasi-judicial Restriction Against Using Public Office
functions; to Promote Private Interest
10. Incumbent deans, bar reviewers Public officials and employees during
and professors of law who have their incumbency shall NOT:
teaching experience for at least 1. Own, control, manage or accept
10 years in accredited law employment as officer,
schools; employee, consultant, counsel,
11. The Chancellor, Vice-Chancellor broker, agent, trustee or
and members of the Corps of nominee in any private
Professional Lecturers of the enterprise regulated, supervised
Philippine Judicial Academy; and or licensed by their office unless
12. Governors and Mayors expressly allowed by law
2. Engage in the private practice of
Other Exempted Parties their profession unless
1. Those who are not in law authorized by the constitution or
practice, private or public law, provided that such practice
2. Those who have retired from law will not conflict or tend to
practice with the approval of the conflict with their official
IBP Board of Governors functions.
3. Recommend any person to any
Good Cause for Exemption from or position in a private enterprise
modification of requirement which has a regular or pending
A member may file a verified official transaction with their
request setting forth good cause for office
4. Use or divulge confidential or A lawyer shall not, in his

classified information officially professional dealings, use language
known to them by reason of which is abusive, offensive or otherwise
their office and not available to improper. (Rule 8.01)
the public. CASE: Although aware that the
plaintiff students were represented by
Restrictions Against Former Official counsel, respondent attorney, counsel
from Accepting Certain Employment for the defendants proceeded,
A lawyer shall NOT, after leaving the nonetheless, to negotiate with them and
government service, accept engagement their parents without at the very least
or employment in connection with any communicating the matter to their
matter in which he had intervened while lawyer. This failure of respondent is an
in said service. [Rule 6.03, Code of inexcusable violation of the canons of
Professional Responsibility] professional ethics and in utter disregard
Section 7 (b), RA 6713 prohibits any of a duty owing to a colleague.
former public official or employee for a (Camacho vs. Pangulayan, 328 SCRA 631,
period of one year after retirement or March 22, 2000)
separation from office to practice his
profession in connection with any other CANON 9: PREVENTING UNAUTHORIZED
matter before the office he used to be PRACTICE OF LAW
with. Public policy requires that the
practice of law be limited to those
individuals found duly qualified in
THE LAWYER AND THE LEGAL education and character.
PROFESSION Purpose: To protect the public, the
court, the client and the bar from the
incompetence or dishonesty of those
CANON 7: UPHOLD THE INTEGRITY AND
unlicensed to practice law and not
DIGNITY OF THE PROFESSION AND
subject to the disciplinary control of the
SUPPORT THE ACTIVITIES OF THE IBP
court.
A lawyer shall be answerable for
1. A lawyer is prohibited from
knowingly making a false statement or
allowing an intermediary to
suppressing a material fact, in
intervene in the performance of
connection with his application for
his professional obligation.
admission to the bar. (Rule 7.01)
2. A lawyer cannot delegate to any
A lawyer shall not, whether in
unqualified person the
public or private life, behave in a
performance of any task which
scandalous manner to the discredit of
by law may only be performed by
the legal profession. (Rule 7.03)
a member of the Bar in good
standing.
CASE: Counsel’s act of filing multiple
3. A lawyer cannot divide or
complaints against herein complainant’s
stipulate a fee for legal services
reflects on his fitness to be a member of
with a person not licensed to
the legal profession. His act evinces
practice law.
vindictiveness, a decidedly undesirable
trait whether in a lawyer or another Exceptions:
individual, as complainants were 1. Where there is a pre-existing
instrumental in respondent’s dismissal agreement with a partner or
from the judiciary. (Saburnido vs. associate that, upon the latter’s
Madrono, 366 SCRA 1, September 26, death, money shall be paid over
2001) a reasonable period of time to
his estate or to persons specified
CANON 8: COURTESY, FAIRNESS AND
in the agreement;
CANDOR TOWARD HIS COLLEAGUES
AND AVOID HARASSING TACTICS

17
2. Where a lawyer undertakes or amendment, or assert as a fact that

to complete unfinished legal which has not been proved. (Rule 10.02)
business of a deceased lawyer; A lawyer shall observe the rules of
3. Where a lawyer or law firm procedure and shall NOT misuse them to
includes non-lawyer employees defeat the ends of justice. (Rule 10.03)
in a retirement plan, even if the
plan is based in whole or in part CANON 11: OBSERVANCE OF RESPECT
on a profit-sharing arrangement. DUE THE COURTS
A lawyer shall observe and
maintain the respect due to the courts
LAWYER’S DUTIES TO COURTS and to judicial officers and should insist
on similar conduct by others.
CANON 10: CANDOR, FAIRNESS AND A lawyer should show respect
GOOD FAITH TO COURTS due the court and judicial officer by
A lawyer shall NOT do any appearing during the trial of a case
falsehood, nor consent to the doing of punctually and in proper attire.
any in court; nor shall be misled, or A lawyer’s language should be
allow the court to be misled by any forceful but dignified, emphatic but
artifice. (Rule 10.01) respectful as befitting an advocate and
in keeping with the dignity of the legal
REQUIREMENTS OF CANDOR: profession.
1. A lawyer shall not suppress material
and vital facts which bear on the RIGHT AND DUTY OF LAWYER TO
merit or lack of merit of complaint CRITICIZE COURTS
or petition; The fact that a person is a
2. A lawyer shall volunteer to the court lawyer does not deprive him of the right,
any development of the case which enjoyed by every citizen, to comment on
has rendered the issue raised moot and criticize the actuations of a judge.
and academic; However, what he can ordinarily
3. Disclose to court any decision adverse say against a concluded litigation and
to his position of which opposing the manner the judge handed down the
counsel is apparently ignorant and decision therein may NOT generally be
which court should consider in said to a pending action. The court, in a
deciding a case; pending litigation, must be shielded from
4. He shall not represent himself as embarrassment or influence in its all
lawyer for a client, appear for client important duty of deciding the case. On
in court and present pleadings, only the other hand, once a litigation is
to claim later that he was not concluded the judge who decided it is
authorized to do so. subject to the same criticism as any
Note: A lawyer is not an umpire but an other public official because then his
advocate. He is not obliged to refrain ruling becomes public property and is
from making every proper argument in thrown open to public consumption.
support of any legal point because he is But it is the cardinal condition of
not convinced of its inherent soundness. all such criticism that it shall be bona
Neither is he obliged to suggest fide, and shall not spill over the walls of
arguments against his position. decency and propriety.
A lawyer shall NOT knowingly CANON 12: ASSISTING IN SPEEDY AND

misquote or misrepresent the contents EFFICIENT ADMINISTRATION OF JUSTICE
of a paper, the language or the A lawyer shall NOT appear for
argument of opposing counsel, or the trial unless he has adequately prepared
text of a decision or authority, or himself on the law and the facts of his
knowingly cite as a law a provision case, the evidence he will adduce and
already rendered inoperative by repeal the order of its presentation. He should
also be ready with the original
documents for comparison with the
copies. [Rule 12.01 Code of Professional 2. Any willful and deliberate forum
Responsibility] shopping by any party and his
lawyer with the filing of multiple
A lawyer shall NOT unduly delay petitions or complaints to ensure
a case, impede the execution of favorable action shall constitute
judgment or misuse court processes. direct contempt of court;
[Rule 12.04, Code of Professional 3. The submission of a fake
Responsibility] certification under par. 2 of the
Circular shall likewise constitute
CASE: The Court further commented contempt of court, without
that it is understandable for a party in prejudice to the filing of a
the situation to make full use of every criminal action against the guilty
conceivable legal defense the law allows party. The lawyer may also be
it. In the appraisal, however, of such subjected to disciplinary
attempts to evade liability to which a proceedings.
party should respond, it must ever be
kept in mind that procedural rules are CANON 13: AVOIDING IMPROPRIETY
intended as an aid to justice, not as THAT TENDS TO INFLUENCE THE COURT
means for its frustration. Technicalities A lawyer shall rely upon the merits of
should give way to the realities of the his cause and refrain from any
situation. (Economic Insurance Co., Inc. impropriety which tends to influence, or
vs. Uy Realty Co.) gives the appearance of influencing the
court.
The duty of a lawyer to assist in A lawyer shall not extend
the speedy and efficient administration extraordinary attention or hospitality to,
of justice includes the duty to refrain nor seek opportunity for cultivating
from talking to his witness during a familiarity with judges [Rule 13.01, Code
break or recess in the trial while the of Professional Responsibility]
witness is still under examination. A lawyer shall not make public
statements in the media regarding a
FORUM SHOPPING - the act of filing pending case tending to arouse public
repetitious suits in different courts. It is opinion for or against a party. [Rule
committed through the following: 13.02, Code of Professional
1. Going from one court to another in Responsibility]
the hope of securing a favorable A lawyer shall not brook nor invite
relief in one court, which another interference by another branch or agency of
court has denied. the government in the normal course of
2. Filing repetitious suits or judicial proceedings. [Rule 13.03 Code of
proceedings in different courts Professional Responsibility]
concerning the same subject
matter after one court has
decided the suit with finality. ATTORNEY-CLIENT
3. Filing a similar case in a
judicial court after receiving an RELATIONSHIP
unfavorable judgment from an
administrative tribunal. NATURE OF RELATION
1. strictly personal;
Forum shopping is prohibited by 2. highly confidential
Supreme Court Circular No. 28-91, and and fiduciary
the corresponding penalties for violation
thereof are as follows: GENERAL RULES PROTECTING
1. Any violation of this circular ATTORNEY-CLIENT RELATIONSHIPS
shall be a cause for the summary 1. Best efforts must be exerted by
dismissal of the multiple petition the attorney to protect his
or complaint; client’s interest;

19
2. The attorney must promptly 2. In case of unjustified dismissal of an

account for any fund or property attorney, he shall be entitled to
entrusted by or received for his recover from the client full
client; compensation stipulated in the
3. An attorney cannot purchase his contract [RA 636].
client’s property or interest in
litigation; CANON 14: NOT TO REFUSE HIS
4. The privacy of communications SERVICES TO THE NEEDY
shall at all times be upheld;
5. An attorney cannot represent a RIGHT TO DECLINE EMPLOYMENT;
party whose interest is adverse EXCEPTIONS
to that of his client even after General Rule: A lawyer is not obliged
the termination of the relation. to act as legal counsel for any person
who may wish to become his client. He
CREATION OF RELATION: FORMS OF has the right to decline employment.
EMPLOYMENT AS COUNSEL TO A CLIENT Exceptions:
1. Oral – when the counsel is employed 1. A lawyer shall not refuse his
without a written agreement, but services to the needy.
the conditions and amount of 2. He shall not decline to represent
attorney’s fees are agreed upon. a person solely on account of the
2. Express - when the latter’s race, sex, creed or
terms and conditions including status of life or because of his
the amount of fees, are own opinion regarding the guilt
explicitly stipulated in a written of said person.
document which may be a 3. He shall not decline, except for
private or public document. serious and sufficient cause like
Written contract of attorney’s (1) if he is not in a position to
fees is the law between the carry out effectively or
lawyer and the client. competently; (2) if he labors
3. Implied – when there is under a conflict of interest
no agreement, whether oral or between him and the
written, but the client allowed prospective client or between a
the lawyer to render legal present and prospective client.
services not intended to be
gratuitous without objection, Reasons: IBP Guidelines, Art.1, Sec. 1.
and the client is benefited by Public Service:
reason thereof. 1. Legal aid is not a matter of
charity but a public responsibility.
Note: While a written agreement for 2. It is a means for correction of
professional services is the best evidence social imbalance.
to show the relation, formality is not an 3. Legal aid offices must be so
essential element of the employment of organized as to give maximum
an attorney. The absence of a written possible assistance to indigent and
contract will not preclude a finding that deserving members of the
there is a professional relationship. community and to forestall
Documentary formalism is not an injustice.
essential element in the employment of
an attorney; the contract may be DUTY TO DECLINE EMPLOYMENT
express or implied. A lawyer should decline
professional employment even though
ADVANTAGES OF A WRITTEN how attractive the fee offered may be if
CONTRACT BETWEEN THE LAWYER AND its acceptance will involve:
THE CLIENT: 1. A violation of any of the rules of
1. It is conclusive as to the the legal profession.
amount of compensation.
2. Nullification of a contract which injure the opposite party or to

he prepared. work oppression or wrong.
3. Advocacy in any matter in which However, a lawyer may accept a
he had intervened while in the losing civil case provided that, in so
government service. doing, he must not engage in dilatory
4. Employment, the nature of tactics and must advise his client about
which might easily be used as a the prospects and advantage of settling
means of advertising his the case through a compromise.
professional services or his skill.
5. Employment with a collection
agency which solicits business to LAWYER’S DUTIES TO CLIENT
collect claims.
6. Any matter in which he knows or CANON 15: CANDOR, FAIRNESS AND
has reason to believe that he or LOYALTY IN HIS DEALINGS AND
his partner will be an essential TRANSACTIONS WITH HIS CLIENTS
witness for the prospective
client. CONFLICT OF INTEREST
ETHICAL CONSIDERATIONS IN TAKING A Duty of a Lawyer to His Client in Case
BAD CASE There is Conflict of Interest
In a Criminal Case: A lawyer may accept A lawyer, in conferring with a
a losing criminal case because every prospective client shall ascertain as soon
accused is presumed innocent and is as practicable whether the matter would
entitled to counsel. involve a conflict with another client or
his own interest, and if so, shall
In a Civil Case: The rules and ethics of forthwith inform the prospective client.
the profession enjoin a lawyer from [Rule 15.01]
taking a bad case. It is the duty of a lawyer at the
time of retainer to disclose to the client
all circumstances of his relations to the
Reasons: parties and any interest in connection
1. The attorney’s signature in every with the controversy, which might
pleading constitutes a certificate influence the client in the selection of
by him that there is good cause counsel.
to support it and that it is not It is unprofessional to represent
interposed for delay, and willful conflicting interests, except by express
violation of such rule shall consent of all concerned given after a
subject him to disciplinary full disclosure of facts. Within the
action. meaning of this Canon, a lawyer
2. It is the attorney’s duty to represents conflicting interests when, in
“counsel or maintain such behalf of one client it is his duty to
actions or proceedings only as contend for that which duty to another
appear to him to be just and client requires him to oppose.
only such defenses as he believes
to be honestly debatable under Tests to Determine Conflicting
the law.” Interests
3. A lawyer is not to encourage 1. Will the attorney be
either the commencement or the required to contest for that
continuance of an action or which his duty to another
proceeding, or delay any man’s client requires him to
cause, for any corrupt motive or oppose? (Conflicting duties)
interest. 2. Will the acceptance of a
4. A lawyer must decline to new relation invite suspicion
conduct a civil cause or to make and/or actually lead to
a defense when convinced that it unfaithfulness or double-
is intended merely to harass or dealing towards another
21
client? (Invitation of professional relationship with

suspicion) the opposite party.
3. Will the attorney be
called upon in his new CASE: Jurisprudence instructs that
relation to use against his there is a representation of conflicting
first client any knowledge interests if the acceptance of the new
acquired in the previous retainer will require the attorney to do
employment? (Use of prior anything which will injuriously affect his
knowledge obtained) first client in any matter in which he
represents him and also whether he will
INSTANCES WHEN A LAWYER IS be called upon in his new relation, to
CONSIDERED HAVING CONFLICTING use against his first client any knowledge
DUTIES acquired through their connection.
1. As an employee of a corporation Another test to determine if there is a
whose duty is to attend legal representation of conflicting interests is
affairs, he cannot join a labor whether the acceptance of a new
union of employees in that relation will prevent an attorney from
corporation; the full discharge of his duty of
2. As a lawyer who investigated an undivided fidelity and loyalty to his
accident as counsel for an client or invite suspicion of
insurance, he cannot represent unfaithfulness or double dealing in the
the injured person; performance thereof. (Pormento, Sr. vs.
3. As a receiver of a corporation, Atty. Pontevedra, A.C. No. 5128, March
he cannot represent the 31, 2005)
creditor;
4. As a representative of the CANON 16: LAWYER’S DUTY TO HOLD
obligor, he cannot represent the IN TRUST ALL THE MONEY AND
obligee; PROPERTY OF HIS CLIENT THAT MAY
5. As a lawyer representing a party COME TO HIS POSSESSION
in a compromise agreement, he PROHIBITION AGAINST PURCHASE OF
cannot be subsequent lawyer PROPERTY IN LITIGATION
representing another client who
seeks to nullify the agreement; Elements of Prohibition
1. There is an attorney-client
Effects of Representing Adverse relationship;
Interests 2. The property is in litigation;
1. Disqualification as counsel of 3. The attorney is the counsel of
new client on petition of former record in the case;
client. 4. The attorney, by himself or
2. Where such is unknown through an agent, purchases
to, and becomes prejudicial to such property during the
the interests of the new client, a pendency of said case [Art. 1491
judgment against such may, on of the Civil Code]
that ground, be set aside.
3. A lawyer can be held Other Instances Where Rule is
administratively liable through Inapplicable
disciplinary action and may be 1. Where the property purchased
held criminally liable for by a lawyer was not involved in
betrayal of trust. litigation.
4. The attorney’s right to 2. Where the sale took place before
fees may be defeated if found to it became involved in the suit.
be related to such conflict and 3. Where the attorney at the time
such was objected to by the of the purchase was not counsel
former client, or if there was a in the case.
concealment and prejudice by 4. Where the purchaser of the
reason of the attorney’s previous property in litigation was a
corporation even though the PREPARATION OF PLEADINGS

attorney was an officer thereof. A lawyer shall not handle any
5. Where the sale took place after legal matter without any adequate
the termination of the litigation. preparation. (Rule 18.02)
6. A lawyer may accept an A lawyer should prepare his
assignment from his client of a pleading with great care and
money judgment rendered in the circumspection. He should refrain from
latter’s favor in a case in which using abrasive and offensive language,
he was not counsel, in payment for it merely weakens rather than
of his professional services strengthens the force of legal reasoning
performed in another case. and detracts from its persuasiveness. In
7. Prohibition is inapplicable to a preparing a complaint for damages,
contract for attorney’s fees counsel for plaintiff should allege and
contingent upon the outcome of state the specific amounts claimed not
the litigation. only in the body of the complaint but
also in the prayer, so that the proper
CANON 17: FIDELITY TO THE CAUSE OF docket fees can be assessed and paid.
HIS CLIENT AND MINDFUL OF THE
TRUST AND CONFIDENCE REPOSED IN DUTY TO KEEP CLIENT FULLY
HIM INFORMED
CASE: Ordinarily, lawyers are not A lawyer shall keep the client
obliged to act either as advisers or as informed of the status of his case. (Rule
advocates of any person who may wish 18.04)
to become their client. They may He should notify his client of an
decline employment and refuse to adverse decision while within the period
accept representation, if they are not in to appeal to enable his client to decide
a position to carry it out effectively or whether to seek an appellate review. He
competently. But once they agree to should communicate with him
handle a case, attorneys are required by concerning the withdrawal of appeal
the Canons of Professional Responsibility with all its adverse consequences. The
to undertake the task with zeal, care client is entitled to the fullest disclosure
and utmost devotion. of the mode or manner by which his
Acceptance of money from a interest is defended or why certain steps
client establishes an attorney-client are taken or omitted.
relationship and gives rise to the duty of
fidelity to the client’s cause. Every case Doctrine of Imputed Knowledge - the
accepted by a lawyer deserves full knowledge acquired by an attorney
attention, diligence, skill and during the time that he is acting within
competence, regardless of importance. the scope of his authority is imputed to
(Rollon vs. Atty. Naraval, A.C. No. 6424, the client.
March 4, 2005) It is based on the assumption
that an attorney, who has notice of
CANON 18: SERVE CLIENT WITH matter affecting his client, has
COMPETENCE AND DILIGENCE communicated the same to his principal
in the course of professional dealings.
DUTY TO PROTECT CLIENT’S INTEREST The doctrine applies regardless of
The attorney’s duty to whether or not the lawyer actually
safeguard the client’s interests communicated to the client what he
commences from his retainer until his learned in his professional capacity, the
effective release from the case or the attorney and his client being one
final disposition of the whole subject juridical person.
matter of the litigation. During that Exceptions to the Rule that Notice to
period he is expected to take such Counsel is Notice to Client
reasonable steps and such ordinary care 1. If strict application might foster
as his client’s interests may require. dangerous collusion to the
detriment of justice.
23
2. Service of notice upon party never follow any unlawful instruction of

instead of upon his attorney is his client.
ordered by court.
3. Notice of pre trial is required to CANON 19: DUTY TO REPRESENT
be served upon parties and their CLIENT WITH ZEAL AND WITHIN THE
respective lawyers. BOUNDS OF THE LAW
4. In appeal from the lower court
to the RTC, upon docketing of DUTY TO RESTRAIN CLIENT FROM
appeal. IMPROPRIETY
A lawyer should use his best
DUTY WHEN THE ACCUSED INTENDS TO efforts to restrain and to prevent his
PLEAD GUILTY client from doing those things which he
A PLEA OF GUILTY is an himself ought not to do, particularly
admission by the accused of his guilt of with reference to the conduct toward
crime as charged in the information and the court, judicial officer, witness and
of the truth of the facts alleged, suitor and if the client persists in such
including the qualifying and aggravating wrong doing, the lawyer should
circumstances. terminate their relation.
It is the duty of the defense
counsel when his client desires to enter Duty to Advice Candidly
a plea of guilty to: (ACEPA) As officers of the court, counsels
1. Fully acquaint himself with the are under obligation to advise their
records and surrounding clients against making untenable and
circumstances of the case inconsistent claims. The counsel should
2. Confer with the accused and inform his client and dissuade him from
obtain from him his account of filing the case if totally devoid of merit.
what had happened If he finds that his client’s cause as fairly
3. Advise him of his constitutional meritorious and ripe for judicial
rights adjudication, he should refrain from
4. Thoroughly explain to him the making bold and confident assurances of
import of a guilty plea and the success.
inevitable conviction that will
follow Duty of Lawyer in Case of Knowledge of
5. See to it that the prescribed Client’s Fraud
procedure which experience has 1. He must promptly call
shown to be necessary to the upon the client to rectify the same
administration of justice is and failing which,
strictly followed and disclosed in 2. He shall terminate their
the court records. relationship with such client in
accordance with the Rules of Court.
DUTY TO COMPLY WITH CLIENT’S
LAWFUL REQUEST
A client shall respond within a AUTHORITY OF A LAWYER Appearance-
reasonable time to the client’s request the coming into court as a party either
for information. (Rule 18.04) as a plaintiff or as a defendant and
A lawyer should endeavor to asking relief therefrom.
seek instruction from his client on any By virtue of Sec. 20, Rule 14 of
substantial matter concerning the the 1997 Rules of Civil Procedure, there
litigation, which may require decision on is no more distinction between general
the part of the client, such as whether appearance and special appearance, in
to compromise the case or to appeal an the sense that a defendant may file a
unfavorable judgment. He should give motion to dismiss not only on the ground
his client sound advice on any such and of lack of jurisdiction over his person but
similar matters and comply with the also on some other grounds without
client’s lawful instructions relative waving the jurisdiction of the court over
thereto. He should resist and should his person.
1. Party represented by lawyer

Presumption of Authority must be of age, competent or if
An attorney is presumed to be suffers from disability, has
properly authorized to represent any guardian or legal representative.
cause in which he appears in all stages 2. Party or guardian is aware of
of the litigation and no written authority attorney’s representation.
is required to authorize him to appear. 3. He fails to promptly repudiate
The presumption is a strong one. assumed authority.
A mere denial by a party that he has
authorized an attorney to appear for Authority of Attorney in the Conduct of
him, in the absence of compelling Litigation
reason, is insufficient to overcome the A lawyer has authority to bind
presumption especially when the denial the client in all matters of ordinary
comes after the rendition of an adverse judicial procedure. He can bind his client
judgment. on substantial matters only with the
client’s express or implied consent.
Effects of an Unauthorized Appearance A client may waive, surrender,
1. Party is not bound by the dismiss, or compromise any of his rights
attorney’s appearance in the involved in a litigation in favor of the
case in or by the judgment other party even without or against the
rendered therein. consent of his attorney.
2. Court does not acquire
jurisdiction over the person. Authority to Compromise Compromise-
3. The adverse party who has been a contract whereby the
forced to litigate as a defendant parties, by making reciprocal
by the unauthorized action on concessions, avoid a litigation or put an
the part of the attorney for the end to one already commenced.
plaintiff may, on that ground,
move for the dismissal of the General Rule: The attorney has no
complaint. authority to compromise his client’s
4. If unauthorized appearance is case.
willful, attorney may be cited Reason: Because the client, even if
for contempt as an officer of the represented by counsel, retains exclusive
court who has misbehaved in his control over the subject matter of the
official transactions, and he may litigation. The client can, of course,
be disciplined for professional authorize his lawyer to compromise his
misconduct. case, and the settlement made by the
lawyer will bind his client.
Ratification of Unauthorized Exception: Where the lawyer is
Appearance confronted with an emergency and
1. EXPRESS: categorical assertion prompt, urgent action is necessary to
by client that he has authorized protect the interest of his client and
a lawyer or that he confirms his there is no opportunity for consultation
authorization to represent him in with him.
the case.
2. IMPLIED: where a party with Mistakes or Negligence of Lawyer
knowledge of the fact that a Binding Upon Client
lawyer has been representing General Rule: Client is bound by
him in a case, accepts benefits attorney’s conduct, negligence and
of representation or fails to mistake in handling case or in
promptly repudiate the assumed management of litigation and in
authority. procedural technique, and he can not be
heard to complain that result might have
Requisites for Implied Ratification by been different had his lawyer proceeded
Silence differently.
Exceptions:
25
1. Where adherence thereto results 1. Ordinary- it is the reasonable

in outright deprivation of client’s compensation paid to the lawyer
liberty or property or where for the legal services he had
interest of justice so requires. rendered the client. The basis of
2. Where error by counsel is purely this compensation is the fact of
technical which does not affect employment by the client.
substantially client’s cause. 2. Extraordinary- an indemnity for
3. Ignorance, incompetence or damages ordered by the court to
inexperience of lawyer is so be paid by the losing party to
great and error so serious that the prevailing party in a
client, who has good cause litigation. The basis of this is any
prejudiced and denied a day in of the cases authorized by law
court. and is payable not to the lawyer
4. Gross negligence of lawyer. but to the client unless they
5. Lack of acquaintance with have agreed that the award shall
technical part of procedure. pertain to the lawyer as
additional compensation or as
CANON 20: DUTY OF THE LAWYER TO part thereof.
CHARGE ONLY FAIR AND REASONABLE
FEES Kinds of Payment which may be
Stipulated Upon
ATTORNEY’S FEES 1. FIXED OR ABSOLUTE FEE
– which is payable regardless of
Factors in Determining Attorney’s Fees the result of the case.
(Rule 20.1, Canon 20) (TINSAP²C³) 2. CONTINGENT FEE – that
1. time spent and the extent of the is conditioned on the securing of a
services rendered or required; favorable judgment and recovery
of money or property and the
2. novelty and the difficulty of the
questions involved; amount of which may be on a
percentage basis.
3. importance of the subject 3. A fixed fee payable PER
matter; APPEARANCE.
4. skill demanded; 4. A fixed fee computed
5. probability of losing other upon the NUMBER OF HOURS
employment as a result of the SPENT
acceptance of the proffered 5. A fixed fee based on
case; PIECEWORK.
6. customary charges for similar 6. COMBINATION of any of
services and the schedule of fees the above.
of the IBP Chapter to which he
belongs; RETAINER- may refer to either of two
concepts:
7. amount involved in the
1. Act of a client by which he
controversy and the benefits
engages the services of an
resulting to the client from the
service; attorney to render legal advice or
to defend or prosecute his cause
8. contingency or certainty of in court.
compensation; 2. Fee which a client pays to
9. character of the employment the attorney
whether occasional or
established; and Kinds of Retainer Agreements
10. the professional standing of the 1. General retainer – the
lawyer. fee paid to a lawyer to secure
his future services as “general
Two Concepts of Attorney’s Fees counsel” for any ordinary legal
problem that may arise in the
ordinary business of the client 1. Time spent and extent of

and referred to him for legal the services rendered or
action. The client pays fixed required – a lawyer is justified in
retainer fees, which could be fixing higher fees when the case
monthly or otherwise. The fees is so complicated and requires
are paid whether or not there more time and effort to finish it.
are cases referred to the lawyer. 2. N ovelty and difficulty of
2. Special retainer – fee questions involved – when the
for a specific case or service questions in a case are novel and
rendered by the lawyer for the difficult, greater effort, deeper
client. study and research are bound to
burn the lawyer’s time and
Situations when Counsel cannot stamina considering that there
Recover the Full Amount of Attorney’s are no local precedents to rely
Fees Despite Written Contract upon
1. When the services called for were 3. I mportance of subject
not performed as when the lawyer matter - the more important the
withdrew before the case was subject matter or the bigger the
finished. He will be allowed only value of the interest of property
reasonable fees in litigation, the higher is the
2. When there is a justified dismissal of attorney’s fees
the attorney, the contract will be 4. Skill demanded of a
nullified and payment will be on the lawyer - the totality of the
basis of quantum meruit only. A lawyer’s experience provides
contrary stipulation will be invalid. him the skill and competence
3. When the stipulated admired in lawyers.
attorney’s fees are
unconscionable i.e., when it is Instances of Recovery of Attorney’s
disproportionate as compared to Fees on the Basis of Quantum Meruit
the value of services rendered 1. There is no express
and is revolting to human contract for payment of
conscience. attorney’s fees agreed upon
4. When the stipulated between the lawyer and the
attorney’s fees are in excess of client.
what is expressly provided by 2. When although there is a
law. formal contract for attorney’s
5. When the lawyer is guilty fees, the fees stipulated are
of fraud or bad faith toward his found unconscionable.
client in the matter of his 3. When the contract for
employment attorney’s fees is void due to
6. When the counsel’s formal matter.
services are worthless because 4. When for justifiable
of h is negligence. cause the lawyer was not able to
7. When contract is illegal, finish the case.
against morals or public policy. 5. When the lawyer and the
8. Serving adverse interest client disregard the contract for
unless lawyer proves that it was fees.
with the consent of both parties. 6. When the client
dismissed his counsel before the
Quantum Meruit - means as much as the termination of the case or the
lawyer deserves or such amount as his latter withdrew therefrom for
services merit. valid reasons.
Guides for Determining Attorney’s Fees Champertous Contract - one where the
on Quantum Meruit Basis (TINS) lawyer stipulates with his client in the
prosecution of the case that he will bear
27
all of the expenses for the recovery of

things or property being claimed by the Effect of Nullity of Contract on the
client, and the latter agrees to pay the Right to Attorney’s Fees
former a portion of the thing or property 1. if the nullification is due
recovered as compensation. It is void for to the illegality of its object,
being against public policy. the lawyer is precluded from
recovering;
☛ CONTINGENT vs. 2. if the nullity is due to a
CHAMPERTOUS formal defect or because the
CONTINGENT CHAMPERTOUS court has found the amount to
CONTRACT CONTRACT be unconscionable, the lawyer
1. Contingent 1. Payable in may recover for any services
fee is kind ONLY rendered based on quantum
payable in meruit.
cash
Instances When an Independent Civil
2. Lawyers do 2.Lawyers
Action to Recover Attorney’s Fees is
not undertake to undertake to pay
Necessary
pay all expenses all expenses of
1. Main action is dismissed
of litigation litigation
or nothing is awarded;
2. Court has decided that it
3. Not prohibited 3. Void has no jurisdiction over the
action or has already lost it;
Enforcement of Attorney’s Fees 3. Person liable for
General Rule: A lawyer should avoid attorney’s fees is not a party to
the filing of any case against client for the main action;
enforcement of attorney’s fees 4. Court reserved to the
Exceptions: lawyer the right to file a
1. to prevent imposition separate civil suit for recovery of
2. to prevent injustice attorney’s fees;
3. to prevent fraud 5. Services for which the
lawyer seeks payment are not
Who are Entitled to Attorney’s Fees connected with the subject
General Rule: Only lawyers are litigation;
entitled to attorney’s fees. The same 6. Judgment debtor has
cannot be shared with a non-lawyer. It is fully paid all of the judgment
immoral. proceeds to the judgment
Exceptions: creditor and the lawyer has not
A lawyer may divide a fee for legal taken any legal step to have his
services with persons not licensed to fees paid directly to him from
practice law: (CPR) the judgment proceeds.
1. a lawyer undertakes to Compensation to Which a Lawyer is
complete unfinished legal Entitled to Depending on His Capacity
business of a deceased lawyer; 1. Counsel de Parte - He is
2. there is a pre-existing entitled to a reasonable
agreement with a partner or attorney’s fees agreed upon or in
associate that, upon the latter’s the absence thereof, on
death, money shall be paid over quantum meruit basis.
a reasonable period of time to 2. Counsel de Oficio - The
his estate or to persons specified counsel may not demand from
in the agreement; the accused attorney’s fees even
3. a lawyer or law firm if he wins the case. He may
includes non-lawyer employees however collect from the
in retirement plan, even if the government funds if available
plan is based in whole or in part based on the amount fixed by
on the profit sharing agreement the court.
3. Amicus Curiae - not entitled of papers, money

to attorney’s fees documents, judgment
property for the
ATTORNEY’S LIEN belonging to client.
Charging Lien - is an equitable right to the client.
have the fees and lawful disbursements 3. Coverage Covers Covers all
due a lawyer for his services in a suit papers, judgment
secured to him out of the judgment for documents, for the
the payment of money and executions and payment of
issued in pursuance thereof in the properties money and
particular suit. in the execution
lawful issued in
Requisites of a Charging Lien possession pursuance
1. Existence of a client-lawyer of the of such
relationship; attorney by judgments.
2. The attorney has rendered services; reason of
3. Favorable judgment secured by the his
counsel for his client which professional
judgment is a money judgment; employment
4. The attorney has a claim for .
attorney’s fees or advances; 4. Effect As soon as As soon as
5. Noting into the records of the case the attorney the claim
through the filing of an appropriate gets for
motion of the statement of the possession attorney’s
lawyer’s claim for attorney’s fee of the fees had
with copies furnished to the client papers, been
and adverse party. documents, entered
or property. into the
Retaining Lien – a right merely to retain records of
the funds, documents, and papers as the case.
against the client until the attorney is 5. Notice Client need Notice
fully paid his fees. not be must be
notified to served
Requisites: (ALU)
make it upon client
1. Attorney-client relationship;
effective. and
2. Lawful possession by the lawyer of
adverse
the client’s funds, documents and
party
papers in his professional capacity;
3. Unsatisfied claim for attorney’s fees
6. Applicabil May be Generally,
ity exercised exercisable
before only when
RETAINING LIEN VS.CHARGING LIEN judgment or the
Point of Retaining Charging execution or attorney
Distinction Lien Lien regardless had already
1. Nature Passive Active thereof. secured a
Lien. It Lien. It can favorable
cannot be be judgment
actively enforced for his
enforced. It by client.
is a general execution.
lien. It is a
special
lien.
2. Basis Lawful Securing of
possession a favorable

29
7.Extinguish- When When agent with reference to any fact

ment possession client loses required in such capacity.
lawfully action as 5. The above duty is perpetual and
ends when lien may is absolutely privileged from
as lawyer only be disclosure.
voluntarily enforced
parts with against Exceptions to the Privilege
funds, judgment 1. When there is consent or waiver
documents, awarded in of client.
and papers favor of 2. When disclosure is required by
of client or client, law.
offers them proceeds 3. When disclosure is made to
as evidence. thereof/ protect the lawyer’s rights (i.e.,
executed to collect his fees or defend
thereon. himself, his employees or
associates or by judicial action).
4. When such communications are
CANON 21: PRIVILEGED made in contemplation of a
COMMUNICATION crime or the perpetuation of a
fraud
Requisites:
1. There exists an attorney and client LAWYER AS WITNESS
relationship or a kind of consultancy A lawyer shall avoid testifying in
relationship with a prospective behalf of his client.
client. That is, legal advise is what is Reason : The function of a witness is
sought; to tell the facts as he recalls them in
2. The communication was made by the answer to questions. The function of an
client to the lawyer in the course of advocate is that of a partisan. It is
the lawyer’s professional difficult to distinguish between the zeal
employment; and of an advocate and the fairness and
3. The communication must be impartiality of a disinterested witness.
intended to be confidential. [Uy
Chico vs. Union Life Association Instances when a lawyer may NOT
Society, 29 Phil 163] testify as a witness in a case which he is
handling for a client:
Purposes: 1. When such would adversely
To encourage a client to make a full affect any lawful interest of the
disclosure of the facts of the case client with respect to which
to his counsel without fear; To confidence has been reposed on
allow the lawyer freedom to him;
obtain full information from his 2. Having accepted a retainer, he
client. cannot be a witness against his
client;
Characteristics: 3. He cannot serve conflicting
1. A-C privilege where legal advice interests;
is professionally sought from an 4. When he is to violate the
attorney. confidence of his client;
2. The client must intend the above 5. When as an attorney, he is to
communication to be testify on the theory of the case.
confidential.
3. A-C privilege embraces all forms Instances when a lawyer may testify
of communication and action. as a witness in a case which he is
4. As general rule, A-C privilege handling for a client:
also extends to the attorney’s 1. On formal matters, such as
secretary, stenographer, clerk or the mailing, authentication or

custody of an instrument and the CANON 22: WITHDRAWAL OF SERVICES

like;
2. Acting as an expert on TERMINATION OF ATTORNEY-CLIENT
his fee; RELATIONSHIP
3. Acting as an Arbitrator;
4. Deposition; Instances When a Counsel Can
5. On substantial matters in Withdraw His Services
cases where his testimony is 1. When the client pursues an illegal or
essential to the ends of justice, immoral course or conduct in
in which event he must, during connection with the case he is
his testimony, entrust the trial handling;
of the case to another counsel. 2. When the client insists that the
lawyer pursue conduct violative of
INTERVIEWING WITNESSES the Code of Professional
Witness- human instrumentality through Responsibility;
which the law and its ministers, the 3. When his inability to work with co-
judges and lawyers, endeavors to counsel will not promote the best
ascertain the truth and to dispense interest of the client;
justice to the contending parties. 4. When the mental or physical
condition of the lawyer renders it
1. A lawyer may interview a difficult for him to carry on the
witness in advance of trial to employment effectively;
guide him in the management of 5. When the client deliberately fails to
the litigation. pay the fees for the services or fails
2. A lawyer may also interview a to comply with the retainer
prospective witness for the agreement;
opposing side in any civil or 6. When the lawyer finds out that he
criminal action without the might be appearing for a conflicting
consent of the opposing counsel interest;
or party. (Note: In all the above cases, the lawyer
3. A lawyer may properly obtain must file a written motion with an
statements from witnesses express consent of his client and must
whose names were furnished by wait for the approval of the court.)
the opposing counsel or 7. When the lawyer is elected or
interview the employees of the appointed to public office;
opposing party even though they
8. Other similar cases [Canon 22 Rule
are under subpoena to appear as
22.01]
witnesses for the opposite side.
4. If after trial resulting in NOTE: A lawyer may withdraw as
defendant’s conviction, his counsel only with the conrent of the
counsel has been advised that a client and with leave of court, and only
prosecution witness has for good cause enumerated in Rule 22.01
committed perjury, it is not only of the Code of Profdssional
proper but it is the lawyer’s duty
Responsibility.
to endeavor honorably to obtain
The relation of attorney-client
such witness’ retraction, even
relationship is strictly personal and
without advising the public
highly confidential and fiduciary.
prosecutor of his purpose and
Necessity and public interest require
even though the case is pending
that it be so.
appeal.
An adverse party, though he may be Discharge of the Attorney by Client The
used as a witness, is not, however, a client has the right to
witness within the meaning of the rule terminate at any time WITH OR
permitting a lawyer to interview the WITHOUT JUST CAUSE.
witness of the opposing counsel. Just cause is material only in
determining compensation.
31
2. To cooperate with the succeeding

Without just cause lawyer in the orderly transfer of the
➝ And no express written case.
agreement as to fees -
reasonable value of his Conditions for Substitution of Counsel
services up to the date of his 1. Written request for such substitution
dismissal (quantum meruit) 2. Written consent of the client
➝ And there is written 3. Written consent of the attorney to
agreement and the fee be substituted or in the absence
stipulated is absolute and thereof, proof of service of notice of
reasonable - full payment of said motion to the attorney to be
compensation substituted.
➝ And the fee stipulated is
contingent
→ Ifdismissed LIABILITIES OF A LAWYER
before the
conclusion of the LIABILITY FOR DAMAGES
action - reasonable Requisites
value of his services 1. Attorney -
(quantum meruit) client relationship
→ If contingency 2. Want of reasonable
occurs or client care & diligence
preventsits 3. Injury sustained by client
occurrence - full as proximate result thereof.
amount
(Note: lawyer should question his Kinds of Damages
discharge, otherwise he will be allowed 1. Nominal – where client
to recover on quantum meruit basis.) lost the litigation as a
consequence of lawyer’s gross
With just cause omission or negligence.
Lawyer is not necessarily 2. Actual/compensatory
deprived of his right to be paid for his 3. Moral Damages
services. He may only be deprived of 4. Attorney’s fees
such right if the cause for his dismissal (Note: for nos. 2-4 there should be
constitutes in itself a sufficient legal showing that had the lawyer exercised
obstacle to recovery. due diligence client would have
succeeded in recovering from adverse
Limitations of Client’s Right to party.)
Discharge His Counsel
1. Client cannot deprive Liability for Breach of Fiduciary
counsel of his right to be paid Obligation
for services rendered if dismissal Lawyer holds his client’s funds or
is without cause; property in trust for clients and is
2. Client cannot discharge obliged to make an accounting of such
counsel as an excuse to secure funds that come to his possession.
repeated extensions of time;
3. Notice of discharge Effect of Failure to Return Client’s
required in so far as court and Money or Property After Demand
adverse party are concerned. 1. Presumption that he
misappropriated the same
Duties of a Discharged Lawyer or 2. Civilly liable in favor of client
One Who Withdraws 3. Criminal liability
1. Immediately turn-over all papers and 4. Administrative liability
property to which the client is
entitled;
Remedy of Client Specific Acts which May Result to

Recover property from lawyer Criminal Liability
together with its fruits, subject to 1. A lawyer who has
client’s returning to his lawyer purchase undertaken the defense of client
price & legal interest. or has received confidential
information from said client in a
Libelous Words in Pleadings case may be criminally liable for
A lawyer is exempted from undertaking defense of opposing
liability for slander, libel or otherwise party in same cause without
defamatory, published in course of consent of first client.[Art. 209,
judicial proceedings, PROVIDED RPC]
statements are connected with, 2. A lawyer who shall
relevant, pertinent and material to knowingly introduce in evidence
cause in hand or subject of inquiry in any judicial proceeding or to
the damage of another or who,
Test of Relevancy with intent to cause such
The matter to which the damage, shall use any false
privilege does not extend must be document may be held criminally
palpably wanting in relation to subject liable therefor. [Art.172, RPC]
of controversy, that no reasonable man 3. A lawyer who
can doubt its relevancy or propriety. misappropriates his client’s
Pleadings should contain plain funds may be held liable for
and concise statements of material facts estafa.
and if pleader goes beyond requisites of
law and alleges irrelevant matter which CONTEMPT OF COURT
is libelous, he loses his privilege and may Nature
be liable in separate suit. It is exercised on preservative
and not on vindictive principle and on
Liability for Costs of Suit corrective rather than the retaliatory
General Rule: Losing client and not idea of punishment, for purposes that
the lawyer is liable for costs of suit in are impersonal. It is criminal in nature.
favor of prevailing party, lawyer not The power to punish for
being party-litigant. contempt is inherent in all courts. It is
Exception: Where the lawyer insisted essential in the observance of order in
on client’s patently unmeritorious case judicial proceedings and to enforcement
or interposed appeal to delay litigation of judgment, orders and writs.
or thwart prompt satisfaction of
prevailing party’s just and valid claim, Kinds of Contempt
court may adjudge lawyer to pay treble 1. Direct Contempt - consists of
costs of suit. misbehavior in the presence of or
so near a court or judge as to
CRIMINAL LIABILITY interrupt or obstruct the
A lawyer may be held criminally proceedings before the court or
liable if he commits any of the the administration of justice
following: 2. Indirect or Constructive
1. Causing prejudice to client thru Contempt - one committed
malicious breach of professional away from the court involving
duty or thru inexcusable disobedience of or resistance to
negligence or ignorance. a lawful writ, process, order,
2. Revealing client’s secrets judgment or command of the
learned in lawyer’s professional court, or tending to belittle,
capacity thru malicious breach of degrade, obstruct, interrupt or
professional duty or inexcusable embarrass the court
negligence or ignorance. 3. Civil Contempt - failure
to do something ordered by the

33
court which is for the benefit of d. Suspend an attorney who

a party appears before them
4. Criminal Contempt - from the practice of law
consists of any conduct directed for any of the causes
against the authority or dignity of mentioned in Section 27,
the court. Rule 138 [Section 16,
Rule 139-B].
Acts of a Lawyer Constituting Note: But they cannot disbar a
Contempt lawyer.
1. Misbehavior as officer of
court
2. Disobedience or FORMS OF DISCIPLINARY
resistance to court order
3. Abuse or interference MEASURES (WARS – CD)
with judicial proceedings
4. Obstruction in 1. Warning – an act or fact of
administration of justice putting one on his guard against
5. Misleading courts an impending danger, evil
6. Making false allegation, consequences or penalties.
criticisms, insults, veiled threats 2. Admonition – a gentle or friendly
against the court reproof, mild rebuke, warning or
7. Aiding in unauthorized reminder, counseling, on a fault,
practice of law (suspended or error or oversight, an expression
disbarred) of authoritative advice.
8. Unlawful retention of 3. Reprimand – a public and formal
client’s funds censure or severe reproof,
9. Advise client to commit administered to a person in fault
contemptuous acts by his superior officer or a body
to which he belongs.
4. Suspension–temporary
III. BAR DISCIPLINE withholding of a lawyer’s right to
practice his profession as a
lawyer for a certain period or for
an indefinite period of time.
POWER TO DISCIPLINE ERRANT a. D
LAWYERS efinite
b. I
1. The Supreme Court has the full ndefinite -qualified
authority and power to (WARDS) disbarment; lawyer
a.Warn determines for himself
for how long or how
1. Admonish short his suspension shall
2. Reprimand last by proving to court
3. Suspend and that he is once again fit
4. Disbar a lawyer to resume practice of
[Section 27, Rules 138, Rules of law.
Court] 5. Censure - Official reprimand.
6. Disbarment - It is the act of the
2. The Court of Appeals and the Philippine Supreme Court in
Regional Trial Courts are also withdrawing from an attorney
empowered to (WARS) the right to practice law. The
name of the lawyer is stricken
a. Warn
out from the roll of attorneys.
b. Admonish
c. Reprimand and

the true facts to the prejudice

SUSPENSION AND DISBARMENT and damage of the party
Nature of Proceedings imposed upon. There must be
1. NOT a civil action because there is false representation as matter of
no plaintiff and no respondent, fact. (Example: Misappropriation
involves no private interest. The of client’s fund)
complainant is not a party and no
interest in the outcome except as b. Malpractice, or other gross
all citizens have in proper misconduct in office- any
administration of justice, no malfeasance or dereliction of
redress for private grievance. duty committed by a lawyer.
2. NOT a criminal prosecution (Example: Failure of lawyer to
because it is not meant as a appeal in allowing the period of
punishment depriving him of appeal to lapse)
source of livelihood but rather to Legal Malpractice- consists of
ensure that those who exercise failure of an attorney to use such
the function should be skill, prudence and diligence as
competent, honorable and lawyers of ordinary skill and
reliable so that public may capacity commonly possess and
repose confidence in them. exercise in the performance of
3. SUI GENERIS, it is a class of its tasks which they undertake, and
own since it is neither civil nor when such failure proximately
criminal causes damage, it gives rise to
4. Confidential in nature. an action in tort. [Tan Tek Beng
5. Defense of double jeopardy is vs. David, 126 SCRA 389]
not available.
6. Can be initiated by the SC motu c. Grossly immoral conduct-
propio or by the IBP. It can be that conduct which is willful,
initiated without a complaint; flagrant or shameless and which
7. Can proceed regardless of shows a moral indifference to
interest of the complainants; the opinion of the good and
8. Imprescriptible; respectable members of the
9. It is itself due process of law. community.
Reason for Making Disbarment CASE: In the case of Arciaga vs.

Proceedings Confidential Maniwang [106 SCRA 591], mere
To enable the Supreme Court to intimacy between a lawyer and a woman
make its investigation free from any with no impediment to marry each other
extraneous influence or interference as voluntarily cohabited and had two
well as to protect the personal and children, is neither so corrupt as to
professional reputation of attorneys and constitute a criminal act nor so
judges from the baseless charges of unprincipled as to warrant disbarment or
disgruntled, vindictive and irresponsible disciplinary action against the man as a
clients and litigants. [In Re: Abistado, 57 member of the bar.
Phil 668]
d. Conviction of a crime
GROUNDS FOR SUSPENSION OR involving moral turpitude
DISBARMENT OF MEMBERS OF THE BAR (Examples: estafa, bribery,
1. Under Rule 138, Sec. 27 of the murder, bigamy, seduction,
Revised Rules of Court: abduction, concubinage,
a. Deceit- is a fraudulent and smuggling, falsification of
deceptive misrepresentation, public document, violation
artifice of device used by one or of B.P. 22)
more persons to deceive and
trick another, who is ignorant of e. Violation of oath of office

35
f. Willful disobedience of any BREACH OF DUTIES OF A

lawful order of a superior court LAWYER
g. Corruptly or willfully
appearing as an attorney for a Breach of Duties to Court
party to a case without 1. Obstructing Administration of
authority to do so. justice - constitutes misconduct
and justifies disciplinary action
2. Acquisition of an interest in the
against him and contempt of
subject matter of the litigation,
court. (Example: Forum
either though purchase or
shopping)
assignment [Art. 1491, Civil
Code] 2. Misleading court- knowingly
making false allegation in
3. Breach of professional duty, pleadings, misquoting text of
inexcusable negligence, or documents, suppressing material
ignorance, or for the revelation facts
of the client’s secrets [Art. 208, 3. Preferring false charges - filing
Revised Penal Code] or prosecuting false charges
against another for his action is
4. Representing conflicting violative of duty to do falsehood
interests [Art. 209, Revised nor consent to doing of any in
Penal Code] court, nor wittingly or willingly
promote or sue any false,
Grounds for disbarment NOT groundless, unlawful suit.
EXCLUSIVE: Requisites
The statutory enumeration of the aa. Charges are fake
grounds for disbarment or suspension is bb. Lawyer knows them to be so
not to be taken as a limitation on the 4. Introducing False Evidence- it
general power of courts to suspend or is a violation of oath to do no
disbar a lawyer. The inherent power of falsehood nor consent to doing
court over its officers cannot be of any in court. When false
restricted. [Quingwa vs. Puno, Admin. testimony is material to inquiry
Case No 398, Feb. 28, 1967] The or relevant to issue, it requires
Supreme Court has disbarred or suspension or disbarment. On the
suspended lawyers for reasons not found other hand, when the testimony
in the statute as when their acts are is immaterial or irrelevant and
contrary to honesty or good morals or do does not cause substantial
not approximate the highest degree of prejudice, it only warrants lesser
morality and integrity expected of the sanction, such as warning or
members of the bar. [Sta. Maria vs. reprimand
Tuazon, Admin. Case No. 396, July 31, 5. Willfully disobeying court
1964]. orders - lawyer may be punished
for contempt and disciplined as
Quantum of Evidence Required: clear, officer of court.
convincing and satisfactory evidence 6. Using vicious or disrespectful
Burden of Proof: rests on the language - constitutes direct
complainant, the one who instituted contempt; violation of oath and
the suit Code of Professional
Responsibility.
7. Continue to practice after
suspension - constitutes gross
misconduct and willful disregard
of suspension order.

disbarment proceedings negate

Breach of Duties to Client fraudulent intent. If the lawyer
1. Negligence in performance of has a lien, it cannot be used as
duties an excuse for not making an
Requisites to Warrant accounting.
Suspension or Disbarment: 7. Collecting unreasonable
i. Negligence and fees – Where the law fixes the
carelessness which must maximum amount which lawyer
be gross in character may charge client, collection of
ii. Caused material more than what law allows
prejudice to client constitutes malpractice.
Note: Mere negligence without 8. Acting without authority - a
pecuniary damages justifies only lawyer can bind client without
reprimand or censure except special power of attorney only
when breach of duty to client is on procedural matters
a gross violation of obligation to 9. Willfully appearing without
court. being retained -It must be
2. Employment of unlawful willful, corrupt or contumacious
means in order that he may be held
3. Deceit or liable.
misrepresentation Requisites
Breach of Duties to Bar
a. Bad faith on the part of a. Unethical conduct or
the lawyer unprofessional conduct - that
b. Material damage to client which violates rules or ethical
4. Representing adverse code of legal profession.
Interest and revealing client’s
secrets - If there is no written b. Defaming
consent of client, a lawyer may fellow lawyer - Use of improper
not represent conflicting and objectionable language
interest. The fact that lawyer against another lawyer or accuse
did not acquire confidential him wantonly and maliciously of
information from client nor use a serious misconduct in the
the same against the latter does absence of reasonable cause
not excuse him from constitutes misconduct. Strongly
responsibility. worded statements by a lawyer
5. Purchase client’s against opposing lawyer, if
property in litigation justified by records, may not
Requisites: justify disciplinary action against
a. Lawyer is counsel for him.
client at the time he c. Encroaching
acquired the property upon business of another
b. Property is subject of d. Soliciting
litigation business - for purpose of gain,
c. Acquires it by himself or personally or through paid agents
through another is MALPRACTICE and agreeing with
d. Acquires property during non-lawyer to divide lawyer’s fees
pendency of litigation paid by client or for solicitation by
6. Failing to account or non-lawyer.
misappropriation of client’s e. Advertising
property - presupposes
fraudulent intent of lawyer.
Immediate repayment by lawyer OTHER GROUNDS FOR
of client’s money or property
DISCIPLINE
after demand but before
institution by client of

37
1. NON-PROFESSIONAL MISCONDUCT sufficient to hold the lawyer liable for

G gross immorality, he may still be
e reprimanded where evidence shows
ner failure on his part to comply with
al rigorous standards of conduct required
Rule from lawyers.
:
Lawy 3. CONVICTION OF CRIME INVOLVING
er MORAL TURPITUDE
may All crimes of which fraud or deceit is an
not element or those inherently contrary to
be rules of right conduct, honesty or
susp morality in civilized community
ende
d or 4. PROMOTING TO VIOLATE OR
disba VIOLATING PENAL LAWS
rred
for 5. MISCONDUCT IN DISCHARGE OF
misc OFFICIAL DUTIES
ondu A lawyer who holds a government
ct in office may not be disciplined as a
his member of the bar for misconduct in the
non- discharge of his duties as a government
profe official. If the misconduct, however, is in
ssion violation of the Code of Professional
al or Responsibility or of his oath as a lawyer
priva or is of such a character as to affect his
te qualifications as a lawyer, he may be
capa subject to disciplinary action such as
city. disbarment (Collantes vs. Renomeron).
Exception : Where such is so GROSS This rule does not apply to impeachable
to show him to be morally unfit for officials like SC Justices, Members of the
office or unworthy of privilege, court Constitutional Commission and
may be justified in suspending or Ombudsman because they can be
removing him from the roll of attorneys. removed only by impeachment.
2. GROSS IMMORALITY- AN ACT OF 6. COMMISSION OF FRAUD OR

PERSONAL IMMORALITY ON THE PART FALSEHOOD
OF THE LAWYER IN HIS PRIVATE
RELATION WITH OPPOSITE SEX MAY 7. MISCONDUCT AS NOTARY PUBLIC By
PUT CHARACTER IN DOUBT. BUT TO applying for having himself
JUSTIFY SUSPENSION OR DISBARMENT, commissioned as notary public, lawyer
THE ACT MUST NOT ONLY BE IMMORAL, assumes duties in dual capacity, the non-
IT MUST BE GROSSLY IMMORAL. ( performance of which be may be a
ABAIGAR VS. PAZ ) ground for discipline as member of bar.
Grossly Immoral Conduct – one so OFFICERS AUTHORIZED TO

corrupt and false as to constitute INVESTIGATE DISBARMENT CASES
criminal act or so unprincipled or 1. Supreme Court
disgraceful as to be reprehensible to a 2.Integrated Bar of the Philippines
high degree. Cohabitation per se is not (IBP) through its Commission on
Bar Discipline or authorized
grossly immoral, it depends on
investigators
circumstances and it is not necessary
3. Office of the Solicitor
that there be prior conviction for offense
General
before lawyer may be disciplined for
gross immorality. If the evidence is not
the period to do so, the Supreme

GRIEVANCE PROCEDURE: Court ,may, motu propio or at
DISBARMENT, SUSPENSION, AND the instance of the IBP Board of
Governors, upon
DISCIPLINE OF ATTORNEYS (Rule recommendation by the
139-B) Investigator, suspend an
Proceedings for the attorney from practice, for any
disbarment, suspension and of the causes under Rule 138,
discipline of attorneys may be taken: Sec. 27, during the pendency of
1. by the Supreme Court the investigation;
motu proprio, or, 4. After joinder of the issues or
2. by the IBP upon the failure to answer, the
verified complaint of any respondent shall be given full
person opportunity to defend himself.
The IBP Board of Governors But if the respondent fails to
may initiate and prosecute proper appear to defend himself inspite
charges against erring attorneys of notice, the investigator may
including those in government: proceed ex parte. The
1. motu propio or investigation shall be terminated
2. upon referral by the SC within three (3) months from
or commencement which period
3. by a Chapter Board of may be extended;
Officers or at the instance of 5. The Investigator shall make a
any person. report to the Board of Governors
The complaint must be: within 30 days from termination
1. verified; of the investigation which report
2. state clearly shall contain his findings and
and concisely the facts recommendations together with
complained of; the evidence;
3. supported by 6. The Board of Governors shall
affidavits of persons having have the power to review the
personal knowledge of the decision of the Investigator. Its
facts therein alleged, or by decision shall be promulgated
such documents as may within a period not exceeding 30
substantiate it; days from the next meeting of
4. six (6) copies shall be filed the Board following the
with the Secretary of IBP or submission of the report of the
any of its Chapters. Investigator:
a. If the decision is a
OUTLINE OF DISBARMENT PROCEEDING finding of guilt of the charges,
IN THE IBP (RULE139-B) the IBP Board of Governors shall
1. The case shall be assigned to a issue a resolution setting forth
National Grievance Investigator its findings and
where the Board of Governors recommendations which shall be
shall appoint one from among transmitted to the Supreme
IBP members of three (3) when Court for final action together
special circumstances warrant; with the record;
2. If the complaint is meritorious, b. If the decision is for
the respondent shall be served exoneration, or if the sanction is
with a copy requiring him to less than suspension or dismissal,
answer within 15 days from the Board shall issue a decision
service; exonerating the respondent or
3. The respondent shall file an imposing a lesser sanction. The
answer containing six (6) copies resolution exonerating the
and shall verify the same; after respondent shall be considered
receipt of the answer or lapse of as terminating the case unless

39
upon petition of the complainant necessarily result in the dismissal of the

or other interested party filed complaint except when, as a
with the Supreme Court within consequence of the withdrawal or
15 days from notice of the desistance no evidence is adduced to
Board’s decision. prove the charges. This rule is founded
on the rationale that a disbarment
PROCEDURE FOR DISBARMENT IN THE proceeding is neither civil nor criminal
SUPREME COURT but one prosecuted solely for the public
1. Upon the initiation of the interest. What is important is whether
complaint, the Supreme Court the charges against the respondent have
may refer the case for been duly proved.
investigation to the Solicitor (Note: The same principle applies to
General, or any officer of the administrative charges against judges.)
Supreme Court, or judge of a
lower court; Doctrine of RES IPSA LOQUITOR (“the
2. If referred, the investigator shall thing speaks for itself”)
proceed with the investigation
and make a report to the CASES: This principle or doctrine
Supreme Court. applies to both judges and lawyers.
Judges had been dismissed from the
Rules in the Imposition of Penalties service without need for a formal
a. In case of Suspension investigation because based on the
➝ Division - 1 year or less records, the gross misconduct or
➝ En Banc - exceeds 1 year inefficiency of the judges clearly
appears. [Uy vs. Mercado, 154 SCRA
b. In case of Fine 567].
The same principle applies to
➝ Division - P10,000 or less
lawyers. Thus, on the basis of the
➝ En Banc -P10,000 or more lawyer’s comment or answer to a show-
cause order of SC, it appears that the
c. In case of both Suspension and lawyer has so conducted himself in a
Fine - en banc if the manner which exhibits his blatant
suspension exceeds 1 year or disrespect to the court, or his want of
the fine exceeds P10, 000. good moral character or his violation of
d. In case of 2 or more the attorney’s oath, the lawyer may be
suspended or disbarred without need of
suspensions - service will be
a trial-type proceeding. What counts is
successive, not simultaneous
that the lawyer has been given the
Investigating Judge CANNOT dismiss opportunity to give his side. [Prudential
Bank vs. Castro 155 SCRA 604]
case
CASE: The investigating judge’s
DEFE
authority is only to investigate, make a
NSES
report and recommendation on the case
The purpose and nature of
to be submitted to the SC for final
disbarment proceedings make the
determination. [Graciano vs. Sebastian,
number of defenses available in civil and
231 SCRA 588]
criminal actions inapplicable in
disciplinary proceedings. The Statute of
Effect of desistance, withdrawal of
Limitations is not a defense in
complaint or non-appearance of
disciplinary proceedings nor does
complainant in disbarment proceedings
the
The desistance or the withdrawal of
fact the circumstance that facts set up
the complainant of the charges against
as ground for disbarment
a judge does not deprive the court the
constitute
authority to proceed to determine the
crime, the prosecution for which
matter. Nor does it
in
criminal action is barred by prescription,
preclude the disbarment proceeding.
However, the fact that a automatically entitle him to

considerable length of time has lapsed reinstatement to the bar. It must be
from the date the misconduct took place shown by evidence aside from absolute
to date the complaint for disbarment pardon that he is now a person of good
was filed may indicate ulterior motive on moral character and fit and proper
the part of complainant or innocence on person to practice law. In case of a
the part of respondent. conditional pardon, there will be a
remission of unexpired period of
MODIFYING CIRCUMSTANCES sentence.
Extent of disciplinary action
depends on attendance of mitigating or EFFECTS OF DEATH OF LAWYER
aggravating circumstance. DURING PENDENCY OF DISCIPLINARY
ACTION AGAINST HIM
1. Renders action moot and academic
Mitigating Circumstances 2. (But) court may still resolve case on
1. Good faith the merit in order to clear publicly
2. Want of intention to commit the name of the lawyer.
wrong
3. Lack of material damage to
complainant JUDGMENT
4. Desistance of complainant
5. Youth and inexperience, etc. DISMISSAL OF CASE
Aggravating Circumstances In the absence of convincing or
1. Abuse of authority or of clearly preponderant evidence,
attorney–client relationship disbarment case against him should be
2. Sexual intercourse with a dismissed. However, the court can still
relative impose conditions despite dismissal of
3. Charge of gross immorality disciplinary action against him, if the
4. Previous dismissal as member of facts so warrant and in the event the
the bar lawyer fails to comply with such
condition, it may suspend or disbar him
EFFECT OF EXECUTIVE PARDON for disobedience of its order.
If during the pendency of
disbarment proceeding the respondent SUSPENSION OR DISBARMENT
was granted executive pardon, the A lawyer who has been
dismissal of the case on that sole basis suspended or disbarred cannot practice
will depend on whether the executive law without being held liable for
pardon is absolute or conditional. If the contempt of court. The suspended
pardon is absolute, the disbarment case lawyer may be disbarred for violation of
will be dismissed. However, if the the suspension order. Such judgment
executive pardon is conditional, the does not prohibit pro se practice
disbarment case will not be dismissed on (Geeslin vs. Navarro; 185 SCRA).
the basis thereof. If the lawyer holds a
Absolute pardon by President government office which requires
may wipe out conviction as well as membership in the bar as an
offense itself and the grant thereof in indispensable qualification, he may be
favor of a lawyer is a bar to a proceeding dismissed from said office (Collantes vs.
for disbarment against him based solely Renomeron; 200 SCRA).
on commission of such offense. The
reason is that the respondent lawyer,
after the absolute pardon, is as guiltless
and innocent as if he never committed
REINSTATEMENT
the offense at all.
If absolute pardon is given to The Supreme Court has the
lawyer after being disbarred for exclusive authority to reinstate. This is
conviction of crime, it does not based on its constitutional prerogative to
promulgate rules on the admission of
41
applicants to the practice of law. EFFECTS OF REINSTATEMENT

Petitioner must prove that he is once 1. Recognition of moral
again fit and proper person to practice rehabilitation and mental fitness
law. The following must be taken into to practice law;
consideration: 2. Lawyer shall be subject
1. the applicant’s character and to same law, rules and
standing prior to disbarment; regulations as those applicable
2. the nature or character of to any other lawyer;
misconduct for which he is 3. Lawyer must comply
disbarred; with the conditions imposed on
3. his conduct subsequent to his readmission
disbarment [Cui vs. Cui, 11 SCRA
755];
4. including his efficient
government service [In re IV. JUDICIAL ETHICS
Adriatico, 17 Phil 324]
5. the time that has elapsed Judicial Ethics - branch of moral
between disbarment and the science which treats of the right and
application for reinstatement proper conduct to be observed by all
and the circumstances that he judges and magistrates in trying and
has been sufficiently punished deciding controversies brought to them
and disciplined [Prudential Bank for adjudication which conduct must be
vs. Benjamin Grecia, 192 SCRA demonstrative of impartiality, integrity,
381] competence, independence, and
6. applicant’s appreciation of freedom from improprieties.
significance of his dereliction
and his assurance that he now Court - a board or other tribunal which
possesses the requisite probity decides a litigation or contest
and integrity;
7. favorable endorsement of the Judge - a public officer who, by virtue
IBP, pleas of his loved ones [Yap of his office, is clothed with judicial
Tan vs. Sabandal, 170 SCRA authority
207].
De Jure Judge - one who is exercising
the office of a judge as a matter of
The court may require applicant right; an officer of a court who has been
for reinstatement to enroll in and pass duly and legally appointed
the required fourth year review classes
in a recognized law school. [Cui vs. Cui, De Facto Judge - an officer who is not
11 SCRA 755; In re Rusiana, 56 SCRA fully invested with all the powers and
240] duties conceded to judges, but
A previously disbarred lawyer exercising the office of a judge under
who is given absolute pardon by the some color of right
President is not automatically
reinstated, he must still file a petition
for reinstatement with the SC. QUALIFICATIONS
Condition for Reinstatement
A lawyer who has been Supreme Court and Court of Appeals
suspended or disbarred may be Justices
reinstated when the SC is convinced that 1. Natural-born citizen of the
he has already possessed the requisites Philippines;
of probity and integrity necessary to 2. At least 40 years of age;
guarantee his worth to practice his 3. Must have been for 15 years or
profession. more a judge of a lower court

or engaged in the practice of A judge should not only render

law; just, correct and impartial decision but
4. Must be a person of proven do so in manner free from suspicion as to
competence, integrity, probity its fairness and impartiality and as to his
and independence. integrity. It is indispensable requisite of
due process.
RTC Judges
1. Natural-born citizen of the
Philippines; NEW CODE OF JUDICIAL
2. At least 35 years of age;
3. For at least 10 years has CONDUCT FOR THE PHILIPPINE
been engaged in the practice of law in JUDICIARY
the Philippines or has held a public (A.M. No. 03-05-01-SC)
office in the Philippines requiring (June 1, 2004)
admission to the practice of law as an supersedes the Canons of
indispensable requisite. Judicial Ethics and the Code of
MTC Judges Judicial Conduct to the extent that
1. Natural-born citizen of the the provisions or concepts therein
Philippines; are embodied in this Code,
2. At least 30 years of age; provided, that in case of deficiency
3. For at least 5 years has been or absence of specific provisions in
engaged in the practice of law this Code, the Canons of Judicial
in the Philippines or has held Ethics and the Code of Judicial
public office in the Philippines Conduct shall be applicable in a
requiring admission to the suppletory character.
practice of law as an
indispensable requisite.
CANON-
JUDICIAL DEPORTMENT i. Independence
Attitude Towards Counsel
ii. Integrity
He must be courteous especially iii. Impartiality
to the young and inexperienced. He iv. Propriety
should not interrupt in their arguments v. Equality
except to clarify his mind as to their vi. Competence and Diligence
positions. He must not be tempted to an
PURPOSE: to update and correlate
unnecessary display of learning or
the Code of Judicial Conduct and the
premature judgment. He may criticize
Canons of Judicial Ethics adopted for
and correct unprofessional conduct of a
the Philippines, but also to stress the
lawyer but not in insulting manner.
Philippines’ solidarity with the
universal clamor for a universal code
Attitude Toward Litigants and Witness
of judicial ethics.
He must be considerate,
courteous and civil, and he must not
utter intemperate language during
CANON 1: INDEPENDENCE
hearing of case.
In performing judicial duties,
Proper Judicial Conduct judges should:
1. function independently on the
Conduct self as to be beyond
basis of their assessment of the
reproach and suspicion and be free from
facts and in accord with a
appearance of impropriety in their
conscientious understanding of
personal behavior not only in discharge
the law, free from any
of official duties but also in their
extraneous influence,
everyday life.
inducement, pressure, threat or
Cold Neutrality of Impartial Judge interference.

43
2. be independent from judicial CANON 3: IMPARTIALITY

colleagues in respect of Judges shall perform their judicial
decisions. duties without favor, bias or
3. not allow family, social, or other prejudice.
relationships to influence
judicial conduct or judgment.
(NOTE: The prestige of judicial DISQUALIFICATIONS OF JUDGES
office shall not be used or lent to
advance the private interests of Grounds for Disqualification and
others, nor convey or permit others Inhibition of Judges Under the New
to convey the impression that they Code of Judicial Conduct:
are in a special position to influence Judges shall disqualify
the judge.) themselves from participating in any
4. be free from inappropriate proceedings in which they are unable to
connections with, and influence decide the matter impartially OR in
by, the executive and legislative which it may appear to a reasonable
branches of government. observer that they are unable to decide
5. be independent in relation to the matter impartially. Such proceedings
society in general and in relation include, but are NOT limited to,
to the particular parties to a instances where:
dispute which she/he has to 1. the judge has actual bias or
adjudicate. prejudice concerning a party or
6. encourage and uphold safeguards personal knowledge of disputed
for the discharge of judicial evidentiary facts concerning the
duties. proceedings;
(REASON: To maintain and enhance 2. the judge previously served as a
the institutional and operational lawyer or was a material witness
independence of the judiciary.) in the matter in controversy;
7. exhibit and promote high 3. the judge, or a member of his or
standards of judicial conduct. her family, has an economic
(REASON: To reinforce public interest in the outcome of the
confidence in the judiciary.) matter in controversy;
4. the judge served as executor,
Judges shall refrain from influencing administrator, guardian, trustee,
in any manner the outcome of or lawyer in the case or matter
litigation or dispute pending before in controversy, or a former
another court or administrative associate of the judge served as
agency. counsel during their association,
or the judge or lawyer was a
material witness therein;
5. the judge’s ruling in a lower
CANON 2: INTEGRITY court is the subject of review;
Conduct of judges must: 6. the judge is related by
1. be above reproach, and be so in consanguinity or affinity to a
the view of a reasonable party litigant within the sixth
observer. civil degree or to counsel within
2. reaffirm the people’s faith in the the fourth civil degree; or
integrity of the judiciary. 7. the judge knows that his or her
spouse or child has a financial
Judges should take or initiate interest, as heir, legatee,
appropriate disciplinary measures creditor, fiduciary, or otherwise,
against lawyers or court personnel in the subject matter in
for unprofessional conduct of which controversy or in a party to the
the judge may have become aware. proceeding, or any other interest
that could be substantially
affected by the outcome of the A decision to disqualify himself is

proceedings. (Sec. 5) not conclusive and his competency may
be determined on application for
Remittal of Disqualification: A judge mandamus to compel him to act. Judge’s
disqualified as stated above may, instead decision to continue hearing a case in
of withdrawing from the proceeding, which he is not legally prohibited from
disclose on the records the basis of trying notwithstanding challenge to his
disqualification. If based on such objectivity may not constitute reversible
disclosure, the parties and lawyers error.
independently of the judge’s The filing of an administrative
participation, all agree in writing that case against a judge does not disqualify
the reason for the inhibition is him from hearing a case. The court has
immaterial or unsubstantial, the judge to be shown other than the filing of
may then participate in the proceeding. administrative complaint, act or conduct
The agreement, signed by all parties and of judge indicative of arbitrariness or
lawyers, shall be incorporated in the prejudice before the latter being
record of the proceedings. (Sec. 6) branded as the stigma of being biased or
partial.
Grounds for Disqualification and
Inhibition of Judges Under the Rules of *DISQUALIFICATION vs. INHIBITION
Court: DISQUALIFICATION INHIBITION
1. Mandatory or Compulsory 1. The Rules 1. The Rules does
Disqualification [Rule 137, ROC] enumerates the not expressly
a. when he, or his wife, or specific and exclusive enumerate the
child is pecuniarily grounds under which specific
interested as heir, legatee, any judge or judicial grounds for
creditor or otherwise officer is disqualified inhibition but
b. when he is related to either from acting as such. merely gives a
party within the sixth (6th) broad basis
degree of consanguinity or thereof, i.e.
affinity or to counsel within good, sound or
the fourth (4th) civil degree ethical grounds
c. when he has been an
executor, guardian,
administrator, trustee or
counsel 2. Rule gives the 2. Rules leaves
d. when he has presided in an judicial officer no the matter of
inferior court where his discretion to try or sit inhibition to
ruling or decision is subject in a case the sound
to review discretion of
2. Voluntary Inhibition the judge
A judge may, in the exercise of
his sound discretion disqualify himself, CASE: The second paragraph of
for just and valid reasons other than Section 1, Rule 137 does not give the
those mentioned above. [Section 1, Rule judge the unfettered discretion to
137] decide whether or not he will desist
This leaves the discretion to the from hearing a case. the inhibition must
judge to decide for himself questions as be for just and valid causes. The mere
to whether he will desist from sitting in imputation of bias or partiality is not
case for other just and valid reasons enough grounds for a judge to inhibit,
with only his conscience to guide him, especially when the same is without any
unless he cannot discern for himself his basis. (People vs. Kho, 357 SCRA 290,
inability to meet the test of the cold April 20, 2001)
neutrality required of him, in which
event the appellate court will see to it CANON 4: PROPRIETY
that he disqualifies himself.
45
Judges shall, in their personal Bercacio [68 SCRA 81]. The Supreme
relations with individual members of the Court held that the rule disqualifying a
legal profession who practice regularly in municipal judge from engaging in the
their court, avoid situations which might practice of law seeks to avoid the evil of
reasonably give rise to the suspicion or possible use of the power and influence
appearance of favoritism or partiality. of his office to affect the outcome of a
(Sec. 3) litigation where he is retained as
Judges shall not allow the use of counsel. Compelling reasons of public
their residence by a member of the legal policy lie behind this prohibition, and
profession to receive clients of the latter judges are expected to conduct
or of other members of the legal themselves in such a manner as to
profession. (Sec. 5) preclude any suspicion that they are
representing the interests of party
PROHIBITION TO DISCLOSE litigant.
INFORMATION In De Castro vs. Capulong [118
Confidential information SCRA 52] a judge who merely acted as a
acquired by judges in their judicial witness to a document and who
capacity shall not be used or disclosed explained to the party waiving his right
by for any other purpose related to their of redemption over the mortgaged
judicial duties. (Sec. 9) properties and the consequences thereof
The prohibition will discourage if does not engage himself in the practice
not stop judges from making business of law.
speculations in some business ventures,
the secrets of which he learned by PROHIBITION AGAINST ACCEPTING
reason of his position as a judge. GIFTS, BEQUEST OR LOANS
The judge may be liable for General Rule: (1) Judges and members
violation of Section 3(k) of RA 3019 – of their families, as well as (2) court
“divulging valuable information of a staff or others subject to their influence,
confidential character, acquired by his direction or authority, shall neither ask
office or by him on account of his official for, nor accept, any gift, bequest, loan
position to unauthorized persons or or favor in relation to anything done or
releasing such information in advance of to be done or omitted to be done by him
its authorized release due.” or her in connection with the
Violation of the rule may also performance of judicial duties. (Sec. 13
lead to “revelation of secrets by an and 14)
officer” or to “revelation of the secrets Exception: Subject to law and to any
of a private individual” punishable by legal requirements of public disclosure,
Articles 229 and 230 of the Revised judges may receive a token, gift, award
Penal Code respectively. or benefit as appropriate to the occasion
on which it is made provided that such
gift, award or benefit might not
reasonably be perceived as intended to
influence the judge in the performance
PROHIBITION TO PRACTICE LAW of judicial duties or otherwise give rise
Judges shall not practice law to an appearance of partiality.(Sec. 15)
whilst the holder of judicial office. (Sec.
11) Bribery; Direct or Indirect
Section 35 of Rule 138 of Rules Acceptance of gifts given by
of Court prohibits judges, officials or reason of the office of the judge is
employees of superior courts xxx from indirect bribery [Art. 211 Revised Penal
engaging in private practice as members Code] and when he agrees to perform an
of the bar and in giving professional act constituting a crime in connection
advice to clients. with the performance of his official
duties in consideration of any offer,
CASES: The reason for the prohibition promise, gift or present receive by such
has been explained in Dia-Anonuevo vs.
officer, he is guilty of direct bribery.

[Art. 210 Revised Penal Code] CANON 6: COMPETENCE AND DILIGENCE
Judges shall take reasonable steps to
Anti-Graft and Corrupt Practices Act maintain and enhance their
Under RA 3019, the judge is knowledge, skills and personal qualities
liable criminally for directly or indirectly necessary for the proper performance of
receiving gifts, present or other judicial duties, taking advantage for this
pecuniary or material benefit for himself purpose of the training and other
or for another under conditions provided facilities which should be made
in Section 2, b and c of the law.. available, under judicial control, to
Exception: Excepted are unsolicited judges. (Sec. 3)
gifts or presents of small value offered
or given as a mere ordinary token of CASE: Judges must be conscientious,
gratitude or friendship according to local studious and thorough,[83] observing
custom or usage [Section 14, RA 3019]. utmost diligence in the performance of
their judicial functions.[84] They have to
Void Donations Under the Civil Code “exhibit more than just cursory
Donations given to a judge or to acquaintance with statutes and
his wife, descendants or ascendants by procedural rules.” Moreover, they must
reason of his office are void [Art. 739, require court personnel to observe at all
Civil Code]. Ownership does not pass to times high standards of public service
the donee. Money or property donated is and fidelity. (Atty. Fabella vs. Judge
recoverable by the donor, his heirs or Lee, A.M. No. MTJ-04-1518. January 15,
creditors. 2004)
Judges shall maintain order and
Loans Prohibited Under the decorum in all proceedings before the
Constitution court and be patient, dignified and
Under Section 16 Article XI “No courteous in relation to litigants,
loan, guarantee or other form of witnesses, lawyers and others with whom
financial accommodation for any the judge deals in an official capacity.
business purpose may be granted Judges shall require similar conduct of
directly or indirectly by any government- legal representatives, court staff and
owned or controlled bank or financial others subject to their influence,
institution to xxx members of the direction or control. (Sec. 6)
Supreme Court xxx during their tenure.”
Taking or Receiving Loans From CODE OF JUDICIAL CONDUCT

Litigants
(October 20 1989)
It is a serious misconduct for a
Canon-
judge to receive money from a litigant in
1: Uphold the integrity and
the form of loans which he never
independence of the judiciary
intended to pay back. Even if the judge 2: Avoid impropriety and
intends to pay, it is an act of the appearance of impropriety
impropriety to take a loan from a party- 3: Perform official duties
litigant. The judge could not be wholly honestly, and with impartiality
free from bias in deciding a case where and diligence
his lender is a party. A judge should 4: With due regard to
always strive to be free from suspicion official duties, engage in
and all forms of improprieties. activities to improve the law,
the legal system and the
CANON 5: EQUALITY administration of justice
Judges shall not, in the 5: Regulate extrajudicial
performance of judicial duties, by words activities to minimize the risk of
or conduct, manifest bias or prejudice conflict with judicial duties
towards any person or group on
irrelevant grounds. (Sec. 2)

47
should behave at all times as to promote

CANON 1: PROMPT DISPOSITION OF public confidence in the integrity and
CASES impartiality of the judiciary. He should
A judge should administer be extra careful in all his dealings – both
justice impartially and without delay. in his professional and individual
[Rule 1.02] capacities – in order to promote and
A judge shall dispose of the protect the image of the judiciary to
court’s business promptly and decide which he is privileged to belong.
cases within the required periods. [Rule Respondent, in removing the
3.05] bamboo poles and fishing nets installed
CASES: In the Request of Judge Irma by complainant, acted in his private
Zita Masamayor [A.M. NO. 99-1-16, RTC, capacity. Nevertheless, without in any
June 21 1999] it was held that cognizant way prejudging respondent’s liability,
of the caseload of judges and mindful of respondent should be admonished to be
the pressure of their work, the Supreme careful even in his private conduct
Court almost always grants requests for because he is a model of the law-abiding
extension of time to decide cases. A citizen and, for this reason, his private
heavy caseload may excuse a judge’s life cannot be completely separated
failure to decide cases within the from his public persona. (Bernardo vs.
reglementary period, but not his or her Judge Tiamson, A.M. No. RTJ-00-1565.
failure to request for an extension of August 6, 2001)
time before the expiration of the period In Prosecutor Leo Tabao vs.
to be extended. Judge Pedro Espina [A.M. NO. RTJ-96-
In Bernardo vs. Judge Amelia 1347, June 29, 1999] it was held that
Fabros [A.M. NO. MTJ-99-1189, May 12, apropos the issue on the hasty rendition
1999], the Supreme Court has always of judgment in a criminal case, the
considered the failure of a judge to Supreme Court has reminded members of
decide a case within the reglementary the bench time and again that as
period as GROSS INEFFICIENCY and exemplars of justice and law, judges
imposed either fine or suspension from must avoid not only impropriety but even
service without pay for such. The fines the appearance of impropriety in all
imposed vary in each case, depending their actions. Neither should they take
chiefly on the number of cases not undue interest in the settlement of
decided within the reglementary period criminal cases as the same may
and other factors to wit: the presence of compromise the integrity and
aggravating circumstances – the damage impartiality of their office.
suffered by the parties as a result of the
delay, the health and age of the judge, A judge should so behave at all
etc. times as to promote public confidence in
the integrity of the judiciary. [Rule 2.01]
CANON 2: AVOIDANCE OF IMPROPRIETY
A judge should avoid impropriety
and the appearance of
impropriety in all activities. CANON 3: PERFORMANCE OF DUTIES
CASES: In Manuel vs. Judge Demetrio WITH HONESTY, IMPARTIALITY AND
Calimay, Jr. [A.M. NO. RTJ-99-1441, DILIGENCE
May 28, 1999] it was held that the fact A judge should perform official
that the charges proffered in the instant duties honestly and with impartiality and
case do not directly refer to respondent diligence.
judge’s official functions does not mean A judge shall be faithful to the
he is totally free from blame. Canon 2 of law and maintain professional
the Code of Judicial Conduct provides competence. [Rule 3.01]
that a judge should not only avoid
impropriety but also the appearance of CASE: In the case Exequiel Domingo
impropriety in all his activities. He vs. Judge Luis Reyes [A.M. NO. MTJ-98-
1165, June 21, 1999] the Supreme Court
held that judges are expected to keep A judge should regulate extra-
abreast of developments in law and judicial activities so as to minimize the
jurisprudence. The SC does not risk of conflict with judicial duties.
countenance respondent judge’s failure
to inform himself of recent AVOCATIONAL/CIVIC/CHARITABLE
jurisprudential rules. His error, while an ACTIVITIES
honest one and committed for the A judge may engage in the
purpose of achieving the ends of justice, following activities provided that they do
must never happen again. Respondent not interfere with the performance of
judge was reprimanded for IGNORANCE judicial duties or detract from the
OF THE LAW. dignity of the court: write, lecture,
Where a partner accepts public teach and speak on non-legal subject
office, he shall withdraw from the firm a. engage in the arts, sports and
and his name shall be dropped from the other special recreational
firm name unless the law allows him to activities
practice concurrently. [Rule 3.03] b. participate in civic and
A judge cannot take refuge
charitable activities
behind the inefficiency or
mismanagement by court personnel. c. serve as an officer, director,
Proper and efficient court management trustee, or non-legal advisor of a
is as much as his responsibility. It is also non-profit or non-political,
his duty to organize and supervise the educational, religious,
court personnel to ensure the prompt charitable, and fraternal or civic
and efficient dispatch of business. organization. [Rule 5.01]
CANON 4: ENGAGING IN ACTIVITIES TO FINANCIAL ACTIVITIES

IMPROVE THE LAW A judge shall refrain from financial
and business dealings:
A judge may, with due regard to
1. that tend to reflect adversely on the
official duties, engage in activities to
court’s impartiality
improve the law, the legal system and
2. that interfere with the proper
the administration of justice.
A judge may, to the extent that performance of judicial activities
the following activities do not impair the 3. that increase involvement with
performance of judicial duties or cast lawyers or persons likely to come
doubt on the judge’s impartiality: before the court [Rule 5.02]
A judge should so manage
a. speak, write, lecture, teach or
investments and other financial interests
participate in activities
as to minimize the number of cases
concerning the law, the legal
giving grounds for disqualification.
system and the administration of
Subject to the provisions of the
justice;
preceding rule, a judge may hold and
b. appear at public hearing before
a legislative or executive body manage investments but should not serve
on matters concerning the law, as an officer, director, manager, advisor,
the legal system or the or employee of any business except as
administration of justice and director of a family business of the
otherwise consult with them on judge. [Rule 5.03]
matter concerning the
FIDUCIARY ACTIVITIES
administration of justice;
c. serve on any organization
PROHIBITION TO SERVE AS EXECUTOR,
devoted to the improvement of
the law, the legal system or the ADMINISTRATOR, ETC.
administration of justice. [Rule General Rule: The judge shall not
4.01] serve as (a) executor, (b) administrator,
(c) trustee, (d) guardian, (e) fiduciary.
CANON 5: REGULATION OF THE Exception: when the estate, trust, ward
EXTRAJUDICIAL ACTIVITIES OF A JUDGE or person for whom he will act as
executor,administrator,trustee,
49
guardian or fiduciary is a member of the disciplinary action even though such acts
immediate family- which is limited to are erroneous. He can’t be subject to
the spouse and relatives within the liability – criminal, civil, administrative
second degree of consanguinity – for any of his official acts, no matter
provided that the judge’s services as how erroneous, so long as he acts in
fiduciary shall not interfere with the good faith. In such a case, the remedy of
performance of his judicial functions aggrieved party is not to file
[Rule 5.06]. administrative complaint against the
In such exceptional cases, the judge judge but to elevate error to higher
SHALL NOT: court for review and correction
a. serve in proceeding that might
come before the court of said When a Judge May Be Held Liable:
judge Civil, Criminal and Administrative
b. act as such contrary to Rules 1. Malfeasance
5.02 to 5.05. 2. Misfeasance
(Note: the relationship mentioned is 3. Knowingly rendering
by consanguinity and not by affinity.) unjust judgment or interlocutory
order
PROHIBITION TO BE APPOINTED IN 4. Malicious delay in
QUASI-JUDICIAL AND ADMINISTRATIVE administration of justice
AGENCIES 5. Giving private party
A judge shall not accept unwarranted benefit in exercise
appointment or designation to any of judicial function thru manifest
agency performing quasi-judicial or partiality, evident bad faith and
administrative functions. [Rule 5.09] gross inexcusable negligence.
The prohibition is based on
Section 12, Art. VIII of the Constitution CIVIL LIABILITIES OF JUDGES IN
which provides: “The members of the RELATION TO THEIR OFFICIAL
Supreme Court and of other courts FUNCTIONS
established by law shall not be 1. Any public officer or employee or any
designated to any agency performing private individual, who directly or
quasi-judicial or administrative indirectly obstructs, defeats and violates
functions.” or in any manner impedes or impairs the
The appointment to such civil rights and liberties of persons shall
positions will likely interfere with the be liable for damages. [Art. 32, Civil
performance of the judicial functions of Code]
a judge hence, the prohibition. The responsibility for damages is
not however demandable of judges
PROHIBITION TO ENGAGE IN POLITICAL except when the act or omission of the
ACTIVITIES judge constitutes a violation of the Penal
A judge is entitled to entertain Code or other penal statute. [Art. 32,
personal views on political questions. last par.]
But to avoid suspicion of political 2. A judge who willfully or negligently
partisanship, a judge shall not make renders a decision causing damages to
political speeches, contribute to party another, shall indemnify the latter for
funds, publicly endorse candidates for the same.
political office or participate in other A judge is also civilly liable for
partisan political activities. [Rule 5.10] damages, if in refusing or neglecting to
decide a case without just cause, a
person suffered material or moral loss
LIABILITY OF JUDGES without prejudice to any administrative
action that may be taken against him.
In the absence of fraud, [Art. 27, Civil Code]
dishonesty or corruption, acts of judge in
his judicial capacity not subject to DISABILITIES OF JUDGES UNDER THE
CIVIL CODE
1. Art. 1491. The following persons rendering an unjust judgment. [Abad vs.
cannot acquire by purchase, even at a Blaza, 145 SCRA 1]
public or judicial action, either in person
or through the mediation of another: 2. Judgment Rendered Through
xxx Negligence – Any judge who, by reason
(5) Justices, judges, prosecuting of inexcusable negligence or ignorance
attorneys, clerks of superior and inferior shall render a manifestly unjust
courts and other officers and employees judgment in any case submitted to him
connected with the administration of for decision shall be punished by arresto
justice, the property and rights in mayor and temporary special
litigation or levied upon an execution disqualification. [Art. 205 Revised Penal
before the court within whose Code]
jurisdiction or territory they exercise Negligence and ignorance are
their respective functions, this inexcusable if they imply a manifest
prohibition includes the act of acquiring injustice which cannot be explained by
by assignment and shall apply to reasonable interpretation. [In Re
lawyers, with respect to the property Climaco, 55 SCRA 107]
and rights which may be the object of
any litigation in which they may take 4. Knowingly Rendering an Unjust
part by virtue of their profession. Interlocutory Order – Any judge who
Xxx shall knowingly render an unjust
interlocutory order or decree shall
2. Art. 739. Donations made to a judge, suffer the penalty of arresto mayor
his wife, descendants and ascendants by in its minimum period and
reason of his office are void. suspension; but if he shall have
acted by reason of inexcusable
CRIMINAL LIABILITIES OF JUDGES IN negligence or ignorance and the
RELATION TO THEIR OFFICIAL interlocutory order or decree be
FUNCTIONS manifestly unjust, the penalty shall
1. Misfeasance be suspension. [Art. 206, Revised
a. Knowingly Rendering Penal Code]
Unjust Judgment - Any judge who
shall knowingly render an unjust 5. Maliciously Delaying the
judgment in any case submitted to Administration of Justice – The
him for decision shall be punished penalty of prision correccional in its
by prision mayor and perpetual minimum period shall be imposed
absolute disqualification. [Art. 204 upon any judge guilty of malicious
Revised Penal Code] delay in the administration of
b. Manifestly Unjust justice.
Judgment- it is one which is so To make the judge liable, the act
patently against the law, public must be committed maliciously with
order, public policy and good deliberate intent to prejudice a party in
morals that a person of ordinary a case.
discernment can easily sense its
invalidity and injustice.
In order that a judge may be held 6. Malfeasance Under the Anti-Graft
liable for knowingly rendering an unjust and Corrupt Practices Act
judgment, it must be shown beyond A judge is criminally liable for
doubt that the judgment is unjust as it is causing an undue injury to a person or
contrary to law or is not supported by giving any private party an unwarranted
evidence and the same was made with benefit, advantage or preference in the
conscious and deliberate intent to do an discharge of his official function through
injustice. [In Re: Climaco, 55 SCRA 107] manifest partiality, evident bad faith
If the decision rendered by the judge and gross inexcusable negligence.
is still on appeal, the judge cannot be [Section 3(e), R.A. 3019]
disqualified on the ground of knowingly

51
GROUNDS FOR DISCIPLINE OF JUDGES

DISCIPLINE OF MEMBERS OF THE [Section 1, Rule 140, Revised Rules of
Court]
BENCH 1. Serious Misconduct
2. Inefficiency
POWER TO DISCIPLINE ERRING
MEMBERS OF THE BENCH Misconduct - implies malice or a
The Supreme Court has wrongful intent, not a mere error of
administrative supervision over all courts judgment. For serious misconduct to
and the personnel thereof [Section VI, exist there must be reliable evidence
Art. VIII, Constitution]. The Court en showing that the judicial acts
banc has the power to discipline all complained of were corrupt or inspired
judges of lower courts including justices by an intention to violate the law or
of the Court of Appeals. It may even were in persistent disregard of well-
dismiss them by a majority vote of the known legal rules.
members who actually took part in the Inefficiency - implies negligence,
deliberation of the issues in the case and
incompetence, ignorance and
voted thereon [Section XI, Art. VIII,
carelessness. A judge would be
Constitution].
inexcusably negligent if he failed to
The inferior courts (MTCs) are observe in the performance of his duties
not empowered even just to suspend an that diligence, prudence and
attorney, although they may cite or hold circumspection which the law requires in
a lawyer in contempt of court for
the rendition of any public service.
contemptuous acts.
Justices and judges, who are
CASES: In the case of In Re: Leaves
also lawyers, if found guilty of certain
Of Absence Without Approval Of Judge
crimes and / or of the causes for
Eric Calderon [A.M. 98-8-105 MTC,
disbarment under the Rules of Court may
January 26, 1999] - Judge Calderon was
also be disbarred.
found guilty of gross misconduct,
Justices of the Supreme Court
abandonment of office and was
however may not be disbarred unless
dismissed due to his frequent leave of
and until they shall have been first
absence totaling to 3 years which were
impeached in accordance with the
not approved and his explanations were
Constitution. The same is true with the
inexcusable. He has caused great
other impeachable officers who are
disservice to many litigants and has
members of the bar.
denied them speedy justice.
CASE: While it is our duty to
In the case of In Re: Judge
investigate and determine the truth
Danilo Tenerife [255 SCRA 184] - The
behind every matter in complaints
failure of a judge to decide even a single
against judges and other court
case within the 90-day period was
personnel, it is also our duty to see to it
considered gross inefficiency warranting
that they are protected and exonerated
the imposition of fine equivalent to his
from baseless administrative charges.
one month salary.
The Court will not shirk from its
responsibility of imposing discipline upon
its magistrates, but neither will it Effect of resignation or retirement of a
hesitate to shield them from unfounded judge when there is a pending
suits that serve to disrupt rather than administrative case against him
promote the orderly administration of The retirement/resignation of a
justice. ( Ocenar vs. Judge Mabutin, judge may or may not render the
A.M. No. MTJ-05-1582, February 28, administrative complaint moot and
2005 ) academic. Each case will be determined
according to its surrounding
circumstances. (Pagayao vs. Imbing,
A.M. No. 89-403. August 15, 2001; Lilia

vs. Judge Famunal, A.M. No. RTJ-99-

1503. December 13, 2001) QUANTUM OF EVIDENCE REQUIRED
According to Pesole vs. The ground for the removal of a
Rodriguez [81 SCRA 208] the acceptance judicial officer should be established
by the President of the resignation does beyond reasonable doubt. Such is the rule
not necessarily render the case moot or where the charges on which the removal is
deprive the SC of the authority to sought is misconduct in office,
investigate the charges. The court willful neglect, corruption, or
retains its jurisdiction either to incompetence. The general rules in
pronounce the respondent official regard to admissibility of evidence in
innocent of the charges or declare him criminal trials apply.
guilty thereof. A contrary rule will be For liability to attach, the
fraught with injustice and pregnant with assailed order, decision or actuation of
dreadful and dangerous implications. the judge in the performance of official
duties must not only found to be
PROCEDURE FOR DISCIPLINE OF erroneous but, most importantly, it must
JUDGES (RULE 140) be established that he was moved by bad
1. Complaint, in writing faith, dishonesty, hatred or some other
and duly sworn to is filed with like motive. Similarly, a judge will be
the Supreme Court. [Sec. 1] held administratively liable for rendering
2. If found meritorious, a an unjust judgment — one which is
copy thereof shall be served on contrary to law or jurisprudence or is not
the respondent and he shall be supported by evidence — when he acts in
required to comment within 10 bad faith, malice, revenge or some other
days of service. [Sec. 6] similar motive. In other words, in order
3. Uponfilingof to hold a judge liable for knowingly
respondent’s comment or rendering an unjust judgment, it must be
expiration of the period upon shown beyond reasonable doubt that the
filing comment, the SC either judgment was made with a conscious and
refers the matter to the Office deliberate intent to do an injustice.
of the Court Administrator (OCA) (Judge De Guzman vs. Dy, A.M. No. RTJ-
for evaluation, report, and 03-1755, July 3, 2003)
recommendation, or assigns a
Justice of the Court of Appeals IMPEACHMENT PROCEEDINGS AGAINST
(if respondent is an RTC judge) JUDGES
or a judge of the RTC (if Penal in nature governed by
respondent is a judge of an rules on criminal case and therefore
inferior court) to investigate and requires proof beyond reasonable doubt.
hear the charges. [Sec. 7] Only SC justices are subject to
4. After hearings, impeachment.
the investigating justice or judge
submits a report of finding of MISCONDUCT
fact, conclusions of law and Reliable evidence showing that
recommendations to the judicial actions are corrupt or inspired
Supreme Court. [Sec. 8] by intent to violate the law or in
5. The Supreme persistent disregard of legal rules.
Court takes action as the facts Justices and Judges may not be
and the law may warrant. [Sec. investigated under the grievance
9] procedure in Rule 139-B, sec. 1 of the
Proceedings shall be private and Revised Rules of Court. Complaints
confidential but a copy of the decision or against justices and judges are filed with
resolution of the Court shall be attached the Supreme Court which has
to the record of the judge in the Office administrative supervision over all
of the Court Administrator. [Sec. 11] courts.
As a matter of practice, the
Supreme Court has assigned complaints

53
against Municipal or Metropolitan Trial from the Roll of Attorneys shall be

Judges to an Executive Judge of a effective without the final approval of
Regional Trial Court and complaints the Supreme Court. [Rule 139-A,Section
against judges of Regional Trial Courts to 12, Rules of Court]
a justice of the Court of Appeals, while a
complaint against a member of the Court CASE: Compulsory membership to the
of Appeals would probably be assigned to IBP is not violative of a lawyer’s freedom
a member of the Supreme Court for of association. Integration does not
investigation, report and make a lawyer a member of any group of
recommendation. Retired SC Justices are which he is already a member. He
now tasked for this purpose. became a member of the bar when he
passed the Bar Examinations. All that
REINSTATEMENT OF JUDGE integration actually does is to provide an
PREVIOUSLY DISCIPLINED official national organization for the well
No indication that he is inspired defined but unorganized and incohesive
by corrupt motives or reprehensive group of which every lawyer is already a
purpose in the performance of his member. [In re: Edillon A.M. 1928]
functions.
Voluntary termination of IBP
Factors to be considered membership, How Effected
1. Unsullied name & service By filing a verified notice to
of record prior to dismissal that effect with the Secretary of IBP who
2. Commitment to avoid shall immediately bring the matter to
situation that spur suspicion of the attention of the SC. Forthwith, he
arbitrary conditions. shall cease to be a member and his name
3. Complainant mellowed down shall be stricken from the Roll of
in pushing from his removal Attorneys.
4. Length of time separated
from service Effect of failure to pay annual
membership dues to the IBP
The failure of any attorney to
V. INTEGRATED BAR pay his annual membership dues for 6
months shall warrant suspension of his
OF THE PHILIPPINES membership in the IBP and default of
such payment for one year shall be a
IBP is the national organization ground for the removal of his name from
of lawyers created on January 16, 1973 the Roll of Attorneys. [Sec. 10, Rule 139-
under Rule 139-A, Rules of Court and A, Rules of Court].
constituted on May 4, 1973 into a body CASES: A lawyer may not be
corporate by P.D. No. 181 disciplined either by the IBP or the Court
As the official national for failing to pay her obligation to
unification of the entire lawyer complainant, a matter in her non-
population of the Philippines this professional or private capacity. [Toledo
requires membership and financial vs. Abalos, A. C. No. 5141, September
support in reasonable amount of every 29, 1999]
attorney as conditions sine qua non to
the practice of law and the retention of Wanton disregard of the lawful orders
his name in the Roll of Attorneys. of the IBP Commission on Bar Discipline
The IBP Board of Governors is a ground for suspension of a lawyer
authorized to provide in the By-Laws for from the practice of law. A lawyer was
grievance procedure for the enforcement suspended from the practice of law for
and maintenance of discipline among all one month due to her wanton disregard
the members of the IBP, but no action of the lawful orders of the IBP
involving the suspension or disbarment of a Commission on Bar Discipline. [Toledo
member or the removal of his name
vs. Abalos, A. C. No. 5141, September

29, 1999]


I. Legal Ethics: San Beda College of Law

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San Beda College of Law

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

school’s clinical legal education licensed member of the bar, except in

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Appear as counsel before any court in:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

5. To maintain inviolate the Regional State Prosecutor subject to the

ROLE OF PRIVATE PROSECUTOR QUALIFICATIONS OF A NOTARY PUBLIC

4. Must be a member of the (names and addresses of

d. Any place where a party to the the notarial act or transaction is

2) Fails to make the appropriate official misconduct (Rule XII,

PUNISHABLE ACTS Attorney in fact- simply an agent whose

members of the legal profession: party’s case, as distinguished from

Counsel/Attorney de oficio – an Pro Se - an appearance by a lawyer in his

General Rule: A lawyer cannot

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

The law prohibits lawyers from CANON 5: KEEP ABREAST OF LEGAL

Parties Exempted from the MCLE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

1. The President, Vice-President, exemption (such as physical disability,

4. Use or divulge confidential or A lawyer shall not, in his

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

2. Where a lawyer undertakes or amendment, or assert as a fact that

A lawyer shall NOT knowingly CANON 12: ASSISTING IN SPEEDY AND

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

2. The attorney must promptly 2. In case of unjustified dismissal of an

2. Nullification of a contract which injure the opposite party or to

client? (Invitation of professional relationship with

corporation even though the PREPARATION OF PLEADINGS

2. Service of notice upon party never follow any unlawful instruction of

1. Party represented by lawyer

1. Where adherence thereto results 1. Ordinary- it is the reasonable

ordinary business of the client 1. Time spent and extent of

all of the expenses for the recovery of

3. Amicus Curiae - not entitled of papers, money

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

7.Extinguish- When When agent with reference to any fact

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

custody of an instrument and the CANON 22: WITHDRAWAL OF SERVICES

2. To cooperate with the succeeding

Remedy of Client Specific Acts which May Result to

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

court which is for the benefit of d. Suspend an attorney who

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

the true facts to the prejudice

Reason for Making Disbarment CASE: In the case of Arciaga vs.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

f. Willful disobedience of any BREACH OF DUTIES OF A

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

disbarment proceedings negate

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

1. NON-PROFESSIONAL MISCONDUCT sufficient to hold the lawyer liable for

2. GROSS IMMORALITY- AN ACT OF 6. COMMISSION OF FRAUD OR

Grossly Immoral Conduct – one so OFFICERS AUTHORIZED TO

the period to do so, the Supreme

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

upon petition of the complainant necessarily result in the dismissal of the

However, the fact that a automatically entitle him to

applicants to the practice of law. EFFECTS OF REINSTATEMENT

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

or engaged in the practice of A judge should not only render

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS