Legal Ethics Study Guide

Far Eastern University
Institute of Law
LEGAL ETHICS
LEGAL ETHICS (1993, 1996 Bar Exams) That branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public. (Agpalo) It is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar. IMPORTANCE: (1993 Bar Exam) Legal Ethics is important in order to maintain a high moral standard for the lawyer in performing his duties as an officer of the court, his duties to his client, to the members of the legal profession as well as to society. ATTORNEYS-AT-LAW (Agpalo) persons who are by license, officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. COUNSEL/ATTORNEY DE OFICIO (Agpalo) a counsel appointed or assigned by the court from among such members of the bar in good standing who, by reason of their experience and ability, may adequately defend the accused. 1991 Bar Exam May a lawyer decline an appointment the court as counsel de oficio for accused because he believes, and fully convinced, that the accused guilty of the crime charged? Answer: 1994 Bar Exam A lawyer may not decline an appointment JG, a known vagrant, was defended by as counsel de oficio because an accused is Atty. Go in his trial for robbery with entitled to After he had been convicted, homicide. counsel and refusal may lead to a appealed to reverse the decision of he situation where the accused will be denied of his right to counsel. is his the court claiming that he wasItdenied obligation to at least protect his rights. He his constitutional right to counsel when might even have him acquitted or at least the court appointed Atty. Go as counsel reduce his penalty depending to the de oficio inspite of his request on the evidence during the trial. court that he preferred Atty. Concepcion whom he knew to be an excellent criminal lawyer. Is JG correct? Answer: The accused is entitled to a counsel of his choice and a counsel de oficio may be appointed for him only if he has no counsel de parte. In a case, the Supreme Court set aside the judgment of conviction because the court appointed a counsel de oficio and 1 the accused insisted that he gets his own Legal Ethics Study Guide lawyer (People v. Malunsing, 63 SCRA Centralized Bar Operations 2007 793) by an is is

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ATTORNEY AD HOC (Blacks Law Dictionary) a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made. ATTORNEY OF RECORD (Blacks Law Dictionary) An attorney whose name must appear somewhere in permanent records or files of case, or on the pleadings or some instrument filed in the case or on appearance docket. AMICUS CURIAE (Blacks Law Dictionary) literally means friend of the court a person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. (1998 Bar Exam) AMICUS CURIAE PAR EXCELLENCE (Agpalo) refers to bar associations who appear in court as amicus curiae or friends of the court. Primary characteristics of the legal profession: 1. A duty of public service 2. A relation, as an officer of the court to the administration of justice involving thorough sincerity, integrity and reliability 3. A relation to clients with the highest degree of fiduciary 4. A relation to the colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients. WHAT CONSTITUTES PRACTICE OF LAW? It means any activity in and out of court which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training, and experience (Cayetano vs. Monsod, 201 SCRA 210). It implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services (People vs. Villanueva, 14 SCRA 111).
Essential criteria determinative of engaging in the practice of law:
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1. 2. 3. 4.
Habituality - implies customarily or habitually holding oneself out to the public as a lawyer. Compensation- implies that one must have presented himself to be in active practice and that his professional services are available to the public for compensation, as a source of his said services. Application of law, legal principle, practice or procedure which calls for legal knowledge, training and experience. Attorney-client relationship. Power of regulation and control of the practice of law: The Constitution vests the power of control and regulation in the Supreme Court. The constitutional power to admit candidates to the legal profession is a judicial function and involves the exercise of discretion. Petition to that end is filed with the Supreme Court as are other proceedings invoking judicial function (In re Almacen, 31 SCRA 562). The power of the Supreme Court to regulate the practice of law includes the authority to: 1. define the term; 2. prescribe the qualifications of a candidate to and the subjects of the bar examinations; 3. decide who will be admitted to practice; 4. dicscipline, suspend or disbar any unfit or unworthy member of the bar; 5. reinstate any disbarred or indefinitely suspended attorney; 6. ordain the integration of the Philippine bar; 7. punish any person for unauthorized practice of law; 8. exercise over-all supervision of the legal profession and; 9. exercise any other power as may be necessary to elevate the standards of the bar and preserve its integrity The legislature may, in the exercise of the police power enact laws regulating the practice of law to protect the public and to promote the public welfare. However, the legislature may not pass a law that will control the SC of its power to decide who may or may not practice law. The SC acts through the Bar Examination Committee in the exercise of its judicial function to admit candidates to the legal profession. Thus, the Committee is composed of a member of the Court who acts as Chairman and 8 members of the bar who acts as examiners in the 8 bar subjects with one subject assigned to each (In re Lanuevo, 66 SCRA 245). PRIVATE PRACTICE more than an isolated appearance for it consists of frequent or customary actions, a succession of acts of the same kind. An isolated appearance may, however, amount to practice in relation to the rule prohibiting some persons from engaging in the exercise of the legal profession. (People vs. Villanueva, 14 SCRA 111) Is the practice of law a right or a privilege? The practice of law is not a natural, property or constitutional right but a mere privilege. It is not a right granted to any one who demands it but a privilege to be extended or withheld in the exercise of sound judicial discretion. It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good 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 attorneys continued enjoyment of the privilege conferred depends upon his complying with the ethics and rules of the profession. But while the practice of law is a privilege, a lawyer cannot be prevented from practicing law except for valid reasons, the practice of law not being a matter or states grace or favor. He holds office during good behavior and can only be deprived of it for misconduct ascertained and declared by judgment of the Supreme Court after opportunity to be heard has been afforded him. 3 Legal Ethics Study Guide Centralized Bar Operations 2007

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The State cannot exclude an attorney from the practice of law in a manner or for reasons that contravene the due process or equal protection clause of the Constitution.
Persons who may practice law and its requirements: 1. a. b. c. d. He must have been admitted to the Bar. Furnishing satisfactory proof of educational, moral and other qualification; Passing the bar examination Taking the lawyers oath before the SC Signing the Attorneys Roll and receiving from the Clerk of Court of the SC a Certificate of the license to practice.
2. After his admission to the bar, a lawyer must remain in good and regular standing, which is a continuing requirement for the practice of law. He must: a. Remain a member of the IBP; b. Regularly pay the IBP fees and dues and other assessments, as well as the annual privilege tax; c. Faithfully observe the rules and ethics of the legal profession; and d. Be continually subject to judicial disciplinary control. Basic requirements for admission to the bar: Under Sec.2, 5 and 6, Rule 138 the applicant must be: Citizen of the Philippines He is required to maintain allegiance to the Republic of the Philippines, support its Constitution and obey its laws. a. b. c. At least 21 years of age Maturity and discretion are required in the practice of law.
Of good moral character The lawyer, being an officer of the court, is a vital part of the administration of justice and unless he is possessed of good moral character he may not prosecute the ends of justice to his own personal ends. Well-settled is the rule that good moral character is not only a condition precedent to an admission to the legal profession but it must also remain extant in order to maintain ones good standing in that exclusive and honored fraternity. (Villanueva vs. Sta. Ana, 245 SCRA 707) Resident of the Philippines His duties to his client and to the Court will require that he be readily accessible and available. d. e. Must produce before the SC satisfactory evidence of good moral character
f. No charges against him, involving moral turpitude have been filed or pending upon him in any court in the Philippines Moral turpitude imports an act of vileness or depravity of the duties which one owes to another or to society in general which is contrary to the usual accepted and customary rule of right and duty which a person should follow. The question as to whether an act involves moral turpitude is for the SC to decide. g. h. Must have complied with the academic requirements Pass the bar examinations
Restrictions in the practice of law on: A. Members of the legislature:

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appearing as counsel before any court of justice, electoral tribunals, or quasi-judicial and administrative bodies. Appearance includes filing a pleading on behalf of a client as well as arguing on the clients behalf. (Ramos vs. Maalac, 89 Phil 270)
allow his name to appear in such pleading by itself or as part of a firm name under the signature of another qualified lawyer. He cannot do indirectly what the Constitution prohibits directly. (In re David, 93 Phil 461)
B. Members of the Sanggunian: - appear as counsel before any court in any civil case wherein a local govt. unit or any office, agency, or instrumentality of the government is the adverse party appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official. use property and personnel of the government except if the Sanggunian member concerned is defending the interest of the government.
C. Retired Justice/Judge: R.A. 910: No retiring judge or justice of a court of record or city or municipal judge during the time he is receiving pension shall: - appear as counsel in any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party appear as counsel in any criminal case wherein an officer or employee of the government is accused of an offense committed in relation to his office. collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the government, provincial or municipal, or to any of its legally constituted officers.
Public officials who cannot practice law in the Philippines: 1. Judges and other officials or employees of the Superior Court. 2. Officials and employees of the Office of the Solicitor General. 3. Government prosecutors. 4. President, Vice-President, Members of the Cabinet, their deputies and assistants. 5. Chairmen and members of the Constitutional Commissions. 6. Ombudsman and his deputies. 7. Governors, city and municipal mayors. 8. Those who, by special law are prohibited from engaging in the practice of their legal profession. Public officials with restrictions in the practice of law: 1. Senators and Members of the House of Representatives. 2. Members of the Sanggunian. 3. Retired justice or judge 4. Civil Service officers or employees without permit from their respective department heads. (Noriega vs. Sison, 125 SCRA 293) Persons authorized to represent the government: Any official or other person appointed or designated in accordance with law to appear for the government of the Philippines or any of its officials shall have all the rights of a duly authorized member of the bar to appear in any case in which the government has an interest, direct or indirect or in which such official is charged in his official capacity.

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May a non-lawyer appear in court? General Rule: Only those who are licensed can appear and handle cases in the Court. Exceptions: 1. Before the MTC- a party may conduct his case or litigation in person with an aid of an agent or friend appointed by him. 2. Before any court- a party may conduct his litigation personally. But if he gets someone to aid him, that someone must be a member of the Philippine Bar (Sec. 34, Rule 138). He is bound by the same rules in conducting the trial of his case and he cannot after judgment claim that he was not properly represented. In a criminal case before the MTC- in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is a resident of that province, of good repute for probity and ability to the accused in his defense. (Sec. 7, Rule 116) A law student who: (a) has successfully completed his 3rd year of the regular 4 year prescribed law curriculum, (b) is enrolled in a recognized law schools clinical legal education program approved by the SC, (c) may appear without compensation in any civil, criminal or administrative case in any tribunal, board or officer, (d) to represent indigent clients accepted by the legal clinic of the school (Sec. 1, Rule 138-A) ; and (e) it is required that the student be under direct supervision and control of a member of the IBP duly accredited by the law school. (Sec. 2, Rule 138-A) Under the Labor Code- non-lawyers may appear before the NLRC or any Labor Arbiter if they (a) represent themselves (b) represent their organization or members thereof. (Art. 222, PD 442) A non-lawyer may represent a claimant before the Cadastral Court. (Sec. 9, Act No. 2259) Any person appointed to appear for the government of the Philippines in accordance with law. (Sec. 33, Rule 138)
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Limitations on appearance of non-lawyers before the courts: 1. He should confine his work to non-adversary contentions. He should not undertake purely legal work, such as the examination of witnesses or the presentation of evidence. 2. Services should not habitually be rendered. 3. Should not collect or charge attorneys fees. (PAFLU vs. Binalbagan Isabella Sugar Co., 42 SCRA 302) Remedies against Unauthorized Practice of Law: 1. Petition for Injunction 2. Declaratory Relief 3. Contempt of Court 4. Disqualification and Complaints for Disbarment 5. Criminal complaint for estafa against a person who falsely represented himself as an attorney to the damage of a party Privileges of an Attorney: 1. To practice law during good behavior before any judicial, quasi-judicial, or administrative tribunal. 2. The first one to sit in judgment on every case, to set the judicial machinery of his duty. 3. Enjoys the presumption of regularity in the discharge of his duty. 4. He is immune, in the performance of his obligation to his client, from liability to a third person insofar as he does not materially depart from his character as a quasi-judicial officer. 6 Legal Ethics Study Guide Centralized Bar Operations 2007

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5. His statements, if relevant, pertinent or material to the subject of judicial inquiry, are absolutely privileged regardless of their defamatory tenor and of the presence of malice. Other Privileges: 1. First grade civil service eligibility for any position in the classified service in the government the duties of which require knowledge of law. 2. Second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification. Four-fold general duties of a lawyer: 1. Court respect or defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of justice. 2. Bar candor, fairness, courtesy and truthfulness, avoid encroachment in the business of other lawyers, uphold the honor of the profession. 3. Client - entire devotion to clients interest. 4. Public should not violate his responsibility to society, exemplar or uprightness, ready to render legal aid, foster social reforms, guardian of due process, aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems. Specific duties of a lawyer (Sec. 20, Rule 138) 1. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 2. To observe and maintain the respect due to the courts of justice and judicial officers; 3. To counsel and maintain such actions or proceedings only as he believes to be honestly debatable under the law; 4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5. To maintain inviolate the confidence , and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval; 6. To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; 7. Not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause, for any corrupt motive or interest; 8. Never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed; 9. In the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. Rule on liability for Costs of Suit: General Rule: A losing client and not the lawyer is liable for costs of suit in favor of prevailing party; lawyer not being party litigant. Exception: Where the lawyer insisted on clients patently unmeritorious case or interposed appeal to delay litigation to thwart prompt satisfaction of prevailing partys just and valid claim, court may adjudge lawyer to pay treble costs of suit.
LAWYERS OATH I, ________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will c0nduct 7 Legal Ethics Study Guide Centralized Bar Operations 2007

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myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God. SIGNIFICANCE OF OATH (1996, 2003 Bar Exams) The significance of the oath is that it not only impresses upon the attorney his responsibilities but it also stamps him as an officer of the court with rights, powers and duties as important as those of the judges themselves. It is a source of his obligations and its violation is a ground for his suspension, disbarment or other disciplinary action. CANONS OF PROFESSIONAL RESPONSIBILITY THE LAWYER AND SOCIETY CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. - The first and foremost duty of a lawyer is to maintain allegiance to the Republic of the Philippines, uphold the Constitution and obey the laws of the land. Engaging in unlawful conduct acts makes him unfit to remain in the profession. An unlawful conduct is an act or omission which is against the law. A dishonest act is the act of lying or cheating. An immoral or deceitful conduct is one that involves moral turpitude.
Atty. G appeared in behalf of his client in an action for damages against a hospital for the death of his clients wife. One day, upon arriving in court, he borrowed from the Clerk of Court a folder containing the medical records of the deceased. He then surreptitiously tore off two pages therefrom and passed them on to his driver. Does this act of theft warrant Atty. Gs disbarment? Yes. Atty. G violated Rule 1.01, Canon 1 and Canon 7 of the Code of Professional Responsibility. A lawyer is an officer of the court; he is an instrument or agency to advance the ends of justice. An incorrigible practitioner of dirty tricks, he would be ill suited to discharge such role. By descending to the level of a common thief, he has demeaned and disgraced the legal profession. He has demonstrated his moral unfitness to continue as a member of the honorable fraternity of lawyers. [Fernandez vs. Grecia, 223 SCRA 425] He must not subvert the law by counseling or visiting in unlawful activities.
- He should not promote an organization known to him violating the law nor assist it in a scheme, which he knows to be dishonest or allow his services to be engaged by such. Atty. X, a lawyer and a notary public, notarized a document already prepared by spouses A and B when they approached him. It is stated in the document that A and B formally agreed to live separately from each other and either one can have a live-in partner with full consent of the other. What is the liability of Atty. X, if any? Atty. X may be held administratively liable for violating Rule 1.02 of the Code of Professional Responsibility a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. An agreement between two spouses to live separately from each other and either one could have a live-in partner with full consent of the other, is contrary to law and morals. The ratification by a notary public who is a lawyer of such illegal or immoral contract or document constitutes malpractice or gross misconduct in office. He should at least refrain from its consummation. (In re Santiago, 70 SCRA 14). 8 Legal Ethics Study Guide Centralized Bar Operations 2007

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Other prohibited acts: Volunteering the advice to bring lawsuit, except in cases where he is required to do so. Hunting for the defects in titles or other causes of action to breed litigation Employing agents or runners for like purposes Paying reward to those who will bring cases to his office Paying policeman and other people to advice victims to seek professional services Searching for unknown heirs and soliciting their employment of him Inducing members of any organization to contest legislation under his guidance Purchasing notes to collect them by litigation at a profit Furnishing credit reports in expectation of possible employment Agreeing with the purchaser of future interests to invest therein in consideration of his services. The purpose of the prohibition is to prevent ambulance chasing. AMBULANCE CHASING refers to solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself. Evils of ambulance chasing: provoking litigation which unduly burdens the courts Subordination of perjury Mulcting of innocent persons by judgments from manufactured suits Defrauding injured persons who are ignorant of the law by charging exorbitant percentages from their award of damages. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. - This canon requires that legal services should not only be efficient but should also be made available and accessible to those who need in a manner compatible with the ethics of the profession. - A person in need of legal services should be able to find a lawyer who is qualified to provide them. It is the responsibility of the bar to make such services available. - The lawyer has to always render effective legal services under the pain of disciplinary sanction should he fail or neglect to do so, until the court excuses him. - The IBP has created the Committee on Legal Aid and has established legal aid offices throughout the country to render free legal services to the poor and the oppressed. Legal Aid not a matter of charity, it is a means of correcting the social imbalance that often lead to injustice.

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Professional touting is prohibited.
Prohibited acts under this Canon: Recommending employment of himself or his associates to a non-lawyer who has not sought his advice regarding employment of a lawyer Giving anything of value to a person to recommend or secure his employment of a client Dividing attorneys fees with a non-lawyer paid by clients supplied by the latter. Competition in the matter of charging professional fees for the purpose of attracting clients in favor of the one with lower rates but does not apply when the client is an indigent or has difficulty paying the usual fees. CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. Examples of acts constituting improper advertising and solicitation: (2002 Bar Exam) 1. Use of a card containing words of self- laudation 2. business card, 3 x 4 in size, indicating the aforementioned data with his photo, 1 x 1 in size. 3.A pictorial press release in a broadsheet newspaper made by the attorney showing him being congratulated by the president of a client corporation for winning a multi-million damage suit against the company in the Supreme Court. 4. Causing an ad to be published in the newspaper about his services. 5. Distribution of a diary or appointment book with his card printed on the cover or a circular with his name or address to it. 6. Posing for newspaper photos in connection with a case he is handling. 7. Allowing his name to be written in an insurance policy. 8. Offering free legal services to an association with the ultimate expectation of profit. 9. Requesting business for other lawyers. Proper or permissible advertising or solicitation: Not all types of advertising or solicitation are prohibited since it is not inherently malum in se. What make advertising or solicitation improper are the employment of such methods incompatible with the traditional dignity of a lawyer and the maintenance of correct professional standards. The best advertising possible for a lawyer is, well merited reputation for professional capacity and fidelity to trust, to which must be earned as the outcome of character and conduct. A good and reputable lawyer needs no artificial stimulus to generate it and to magnify his success. EXCEPTIONS to the rule against advertising: Publication in a reputable law lists of brief biographical and honest, informative data Use of an ordinary sample of professional business card

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Announcement of specialization and availability of services in a legal journal for lawyer. Seeking of appointment to a public office requiring lawyers. Advertising to seek full time position as counsel for a corporation. Offering of free legal services to indigents through radio broadcasts or printed matter.
The proscription or advertising and solicitation of business is aimed at commercialization of the profession and not to representation without compensation. law. An attorney may write articles for publications in which he gives information upon the
However, he should not accept employment from such publication articles of general nature on legal subjects. The giving of advice on personal legal matter through the medium of a newspaper column or radio or television broadcast is improper which involves indirect advertising. A lawyer is not precluded from engaging in some other lawful business or occupation.
The name of the law firm may not necessarily identify the individual members of the firm and consequently, the continued use of the firm name after the death of one or more partners is not a deception. Filipino lawyers cannot practice law under the name of a foreign law firm, or the latter cannot practice law in the Philippines and the use of a foreign law firm in the country is unethical. 1998 Bar Exam A lawyer advertised in the newspaper the following: Can secure annulment of your marriage promptly. Expert in legal separation cases. Consult anytime. Is the advertisement proper? No. A lawyer in making known his legal services should not use any false, fraudulent, misleading, deceptive, undignified or self-laudatory statements regarding his qualification on legal services. The claim that he can secure annulment of marriage promptly is false and misleading and his claim that he is an expert in legal separation is self-laudatory. The advertisement constitutes improper solicitation and violates the sanctity of the institution of marriage which the State should protect.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE.

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2003 Bar Exam A Justice of the Supreme Court, while reading a newspaper one weekend, saw the following advertisement: ANNULMENT MARRIAGE Competent Lawyer Reasonable Fee Call 221-2221 Mondays to Fridays 8:00 a.m. to 5:00 p.m. OF
The following session day, the Justice called the attention of his colleagues and the Bar Confidant was directed to verify the advertisement. It turned out that the number belongs to Attorney X, who was then directed to explain to the Court why he should not be disciplinarily dealt with for the improper advertisement. Attorney X, in his answer, averred that (1) the advertisement was not improper because his name was not mentioned in the ad; and (2) he could not be subjected to disciplinary action because there was no complaint against him. Rule on Xs contention. 1. The advertisement is improper because it is a solicitation of legal business and is tantamount to selfpraise by claiming to be a competent lawyer. The fact that his name is not mentioned does not make the advertisement proper. His identity can be easily determined by calling the telephone number stated. In the case of Ulep vs. Legal Clinic, Inc., 223 SCRA 378 (1993), the Supreme Court found a similar advertisement to be improper in spite of the fact that the name of a lawyer was also not mentioned. A complaint is not necessary to initiate disciplinary action against a lawyer. In Section 1, Rule 139-B of the Rules of Court, disciplinary 12 action against a lawyer may be Legal Ethics Study Guide initiated by the Supreme Court Centralized Bar Operations 2007 motu proprio.
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Bar Matter 850: MANDATORY CONTINUING LEGAL EDUCATION Purpose : ( 2003 Bar Exam ) Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. A public office is a public trust and a public servant owes outmost fidelity to the public service.
- The primary duty of a lawyer engaged in the public prosecution is not to convict but to see that justice is done. - His aim is not to let the innocent suffer and the guilty to escape unpunished. It is as much his duty to refrain from improper methods to produce wrongful convictions as it is to use every legitimate means to bring just A public prosecutor is a quasi-judicial officer. He is the representative of the sovereign. - The law permits a private prosecutor, hired by the offended party to intervene in the prosecution of a criminal action where the party is entitled to indemnity.

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- A private prosecutor may actively conduct the case as long as he is able to get written authority from the Provincial or City Prosecutor to act as private prosecutor in that particular case. However, the public prosecutor still retains control over the prosecution, in the sense that his/her decision can override that of the private prosecutor, and every pleading filed must have his/her conformity. - If the law allows a public official to practice law concurrently, he must not use his public position to feather his law practice. - He must not accept any private legal business from a client that will or may conflict with his official duties. In case such arises, his official duties must prevail and h must not terminate his professional relationship. A lawyer may properly accept employment to handle a matter which has been previously handled by another lawyer, provided that the other lawyer has been given notice by the client that his services has been terminated. - In the absence of such notice of termination by the client, a lawyer retained to take over a case from a peer in the bar should do so only after he shall have obtained the conformity of the counsel whom he would substitute. If such conformity cannot be had, he should at least give sufficient notice to such lawyer of the contemplated substitution. CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to Character, Education, or other Relevant attribute. This is to protect the public, the court, the client and the bar from the incompetence or dishonesty of those unlicensed to practice law.
CANON 8 A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. - Efforts, direct or indirect, in any way to encroach upon the professional employment of another lawyer, are unworthy of those who should be brethren at the bar. CANON 9 A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW. - A lawyer should not delegate to a layman any work which involves the application of law, such as the computation and determination of the period within which to appeal an adverse judgment.( Robinson vs. Villafuerte 18 Phil 121) A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, EXCEPT: a. Where there is a Pre-existing agreement with a partner or associate that, upon the latters death, money shall be paid over a reasonable period of time to his estate or to the persons specified in the agreement; or Where a lawyer undertakes to complete Unfinished legal business of a deceased lawyer; or Where a lawyer or law firm includes Non-lawyer employees in a retirement plan, even if the plan is based in whole or in part, on a profit-sharing arrangement. THE LAWYER AND THE COURTS
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CANON 10 A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. - A lawyer is prohibited from: a.Knowingly misquoting or misrepresenting 1. contents of a paper, 2. language or argument of opposing counsel, 3. text of a decision or authority; b.Knowingly citing as law, a provision already rendered inoperative by repeal or amendment; or c. Asserting as a fact that which has not been proved. A lawyer should quote verbatim in his pleading a decision to avoid misleading the court. Technicalities should give way to the realities of the situation.
In a pending labor case, Atty. A filed a Position Paper on behalf of his client, citing a Supreme Court case and quoting a portion of the decision therein which he stated reflected the ratio decidendi. However, what he quoted was not actually the Supreme Court ruling but the argument of one of the parties to the case. May Atty. A be faulted administratively? Yes. A lawyer owes candor, fairness and good faith to the Court. Rule 10.02 of the Code of Professional Conduct expressly provides that a lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. To cite an argument of one of the parties as a ratio decidendi of a Supreme Court decision shows, at least, lack of diligence on the part of Atty. A.
CANON 11 A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. - Lawyers must be respectful not only in their actions but also in their use of language whether in oral arguments or in pleadings. Disrespectful acts and language are contemptuous. Criticisms of Courts must not spill the wall of decency.
- Freedom of speech and of expression, like all constitutional freedoms, is not absolute and that freedom of expression needs on occasion to be adjusted to and accommodated with the requirements of equally important public interests. (Zaldivar vs. Gonzales, 166 SCRA 316). Intemperate and unfair criticism is a gross violation of the duty of respect to courts.
- Pleadings containing Derogatory, Offensive or Malicious Statements constitutes direct contempt. The court can hold the lawyer in contempt of court if he appears not in proper attire.
- A lawyers arguments, written or oral, should be gracious to both court and opposing counsel and be of such words as may be properly addressed by one gentleman to another. Lawyer can demand that the misbehavior of a judge be placed on record.
- It is only the Supreme Court that can oversee the judges and the court personnels compliance with all laws and take the proper administrative action against them if they commit any violation thereof. (Maceda vs. Ombudsman221 SCRA 464) 15 Legal Ethics Study Guide Centralized Bar Operations 2007

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CANON 12 A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. - Any act on the part of a lawyer that obstructs, perverts or impedes the administration of justice constitutes misconduct and justifies disciplinary action against him. A lawyer should never come to the court unprepared.
- The lawyer who is presenting documentary exhibits must also be ready with the originals thereof for purposes of comparison with copies thereof-to avoid objections-which ordinarily delay the proceedings. A lawyer shall not file multiple actions arising from the same cause.
FORUM SHOPPING (1997, 1998 Bar Exams) - There is forum shopping when as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another or when he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other court would make a favorable disposition. To prevent forum shopping, Supreme Court requires the attachment to all initiatory pleadings a sworn certification that: 1. The initiating party has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and to the best of his knowledge, no such other action or claim is pending therein; If there is such other pending action or claim, a complete statement of the present status thereof and If he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.
2. 3.
The possible consequences of forum-shopping are: 1. 2. 3. 4. Summary dismissal of the multiple petition or complaint penalty for direct contempt of court on the party and his lawyer Criminal action for a false certification of non-forum shopping Disciplinary proceeding for the lawyer concerned (Sec.5, Rule 7, 1997 Rules of Civil Procedure)
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. If the act constitutes deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions. It is the client and not the counsel that should sign the certification against forum shopping. A judge should prevent dilatory tactics of a lawyer.
Lawyers should not misuse the rules of procedure to defeat the ends of justice or unduly delay a case, impede the execution of a judgment or misuse court processes.

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A lawyer shall avoid testifying in behalf of his client,
Rationale: The function of the witness is to tell the facts as he recalls them in answer to questions. The function of an advocate is that of a partisan. It is difficult to distinguish between the zeal of an advocate and the impartiality of a witness ( Jacobs v. Weissinger) Exceptions: 1. on formal matters, such as the mailing, authentication or custody of an instrument and the like; or 2. on substantial matters, in cases where his testimony is essential to the end of justice, in which event, he must, during his testimony, entrust the trial of the case to another counsel. (Rule 12.08, Canons of Professional Responsibility) CANON 13 A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT. - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with judges. Public statements that arouse public opinions are prohibited. THE LAWYER AND CLIENT CANON 14 A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. - The poor and the needy are the persons who, when in trouble, need most the services of a lawyer but hesitate to secure such services because they cannot afford to pay counsels fees or fear they will be refused for their inability to compensate the lawyer. A court may assign a lawyer to render professional aid, free of charge, to any party in a case if upon investigation it appears that the party is destitute and unable to employ a lawyer and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. In criminal action, the court may appoint a counsel de oficio in any of the following instances: 1. Before arraignment, the court shall inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend himself in person, or has employed counsel of his choice, the court must assign a counsel de oficio to defend him. 2. On appeal, it shall be the duty of the clerk of the trial court, upon filing of a notice of appeal, to ascertain from the appellant, if confined in prison, whether he desires the Regional Trial Court, Court of Appeals or the Supreme Court to appoint a counsel de oficio to defend him and to transmit with the record on a form to be prepared by the clerk of court of the appellate court, a certification of compliance with this duty and the response of the appellant to his inquiry. If it appears from the record of the case as transmitted that: (a) that the accused is confined in prison, (b) is without counsel de parte on appeal, or (c) has signed the notice of appeal himself, the clerk of the Court of Appeals shall designate a counsel de oficio. An appellant who is not confined in prison may, upon request, be assigned a counsel de oficio within 10 days from receipt of the notice to file brief and he establishes his right thereto.

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General rule: a lawyer is not obliged to act as legal counsel for any person who may wish to become his client. He has the right to decline employment. Exceptions : 1) a lawyer shall not refuse his services to the needy; 2) A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person.; 3) Neither shall he decline, except for serious and sufficient cause, appointment as counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. CANON 15 A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENT. - A lawyer should not accept employment as an advocate in any matter in which he had intervened while in the government service. - A lawyer owes loyalty to his client not only in the case in which he has represented him but also after the relation of attorney and client has terminated because it is not good practice to permit him afterwards to defend in another case other person against his former client under the pretext that the case is distinct from, and independent of the former case. - A lawyer is prohibited from representing interests against a former client, regardless of whether or not the instant matter is related to the in which he/she rendered services for the former client. - Where a lawyer is disqualified or forbidden from appearing as counsel in a case because of conflict of interests, the law firm of which he is a member as well as any member, associate or assistant, therein is similarly disqualified or prohibited from so acting. - The rule against representation of conflicting interests is subject to certain limitations: 1) where no conflict of interest exists 2) where the clients knowingly consent to the dual representation 3) where no true attorney-client relationship is attendant Pedro, who is charged in Court with estafa for misappropriating funds entrusted to him by Juan, consulted Atty. Jose about the case with the intention of engaging his services as defense counsel. Because Pedro could not afford to pay the fee that Atty. Jose was charging him, Pedro engaged the services of another counsel, Atty. Procopio. At the trial of the case for estafa against Pedro, witness was Atty. Jose, whom he was calling to the witness stand. Counsel for Pedro, Atty. Procopio, vigorously opposed the prosecutors move on the ground that Atty. Jose may not be called as a witness for the prosecution as he might disclose a would be clients confidence and secret. Asked by the presiding Judge what would be the nature of Atty. Joses testimony, the prosecutor answered it has something to do with how Pedro obtained from Juan the funds that the latter received from the former but failed to account for. Thereupon, Atty. Procopio Vigorously opposed the prosecutors motion. If you were the Judge, how would you rule on the matter? If I were the judge, I would not allow Atty. Jose to take the witness stand. When Pedro consulted Atty. Jose about his case, a lawyer-client relationship was established between them. It does not matter that Pedro did not eventually engage his services because of his fees; such relationship has already been created (Hilado v. David, 84 Phil 569). A lawyer shall be bound by the rule on privileged communication in respect to matters disclosed to him by a prospective client (Rule 15.02 Code of Professional Responsibility). The rule on privileged communication provides that an attorney cannot, without the consent of his client, be examined as to any communication made by the client to him (sec. 21 [b], rule 130, 18 Legal Ethics Study Guide Centralized Bar Operations 2007

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Rules of Court). The prosecutor has announced that Atty. Jose will be asked about how Pedro obtained from Juan the funds that he failed to account for. Atty. Joses knowledge of such matter could have come only from Pedro. Atty. A, a practicing lawyer, was employed by ABC Bank as its bank attorney and notary public in three of its branches in Manila. While thus employed, B, who was unaware of Atty. As employment in the bank, engaged Atty. As services as a lawyer in a case that was filed by ABC Bank for collection of sum of money involving one of its branches in Quezon City which Atty. A was not a notary public. Atty. A accepted. The Quezon City Regional Trial Court, after due proceeding and hearing, rendered judgment in favor of ABC Bank and against B who wanted to appeal the adverse judgment. But upon advice of Atty. A, the adverse judgment was not appealed. Thereafter, B learned Atty. A was employed by ABC Bank as one of its attorneys. She now consults with you and asks you to take legal steps against Atty. A for his apparent misconduct. What do you think of what Atty. A did? Is there a valid and legal basis to discipline him? In agreeing to represent B in a case which ABC Bank filed against her, Atty. A violated the rule against representing conflicting interests. Rule 15.03 of the Code of Professional Responsibility provides that a lawyer shall not represent conflicting interests except by written consent of all concerned after a full disclosure of the facts. It is improper for a lawyer to appear as counsel for a person whose interest conflicts with that of his present or former client, even in an unrelated case (Philippine National Bank v. Cedo, 243 SCRA 1). It does not matter that the ABC Bank branch in Quezon City is not one of the branches he serves in Manila. The bank itself is his client. This constitutes malpractice for which Atty. A can be disciplined.
CANON 16 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENTS THAT MAY COME INTO HIS POSSESSION. CANON 17 A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. CANON 18 A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. Diane approached Atty. Dodie and asked him if it was all right to buy a piece of land which Diding was selling. What was shown by Diding to Diane was an Original Certificate of Title with many annotations and old patches, to which Diane expressed suspicion. However, Atty. Dodie, desirous of pushing through with the transaction because of the high notarial fee promised to him, told Diane that the title was alright and that she should not worry since he is an attorney and that he knew Diding well. He notarized the Deed of Sale and Diane paid Diding P200,000.00. It turned out that Diding had previously sold the same property to another person. For the injustice done to Diane, may Atty. Dodie be disciplined? Yes. Atty. Dodie is guilty of gross negligence in protecting the interests of his client. A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable (Rule 18.03, Code of Professional Responsibility). Worse, he was negligent because he placed his own interest in receiving a high notarial fee over and above the interest of his client. In the case of Nadayag v. Grageda, 237 SCRA 202, which involves similar facts, the Supreme Court held that the lawyer should have been conscientious in seeing to it that justice permeated every aspect of a transaction for which his services had been engaged, in conformity with the avowed duties of a worthy member of the Bar. CANON 19 A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW. CANON 20 A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

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A lawyer shall be guided by the following factors in determining his fees: a. the time spent and the extent of the services rendered or required; b. the novelty and difficulty of the questions involved; c. the importance of the subject matter; d. the skill demanded; e. the probability of losing other employment as a result of the acceptance of the proffered case; f. the customary charges for similar services and the schedule of fees of the IBP Chapter to which he belongs. g. the amount involved in the controversy and the benefits resulting to the clients from the service; h. the contingency or certainty of compensation; i. the character of the employment whether occasional or established; and j. the professional standing of the lawyer. A contract of professional services may either be oral or in writing. - A written retainer has distinct advantages over an oral contract. In case of controversy as to the question of fees, a written contract generally controls the amount thereof. - And in the event of the lawyers dismissal by the client before the conclusion of the litigation without a justifiable cause, the attorney may be entitled to the full amount of the fees as stipulated in the written agreement. Without such written agreement, he may only recover the reasonable worth of his services up to the date of his dismissal.
Kinds of retainer: 1) General retainer- it is the fee paid to a lawyer to secure his future services as a general counsel for any ordinary legal problem that may arise in the routinary business of the client and referred to him for legal action. (Agpalo) 2) Special retainer-it is a fee for a specific case handled or special service rendered by the lawyer for a client.(Agpalo) Contingent fee contract an agreement in writing in which the fee, usually a fixed percentage of what may be recovered in the action, is made to defend upon the success in the effort to enforce or defend a supposed right. (Agpalo) In a contingent fee contact, the lawyer gets paid for his services only if he wins the case for the client unless the client prevents the successful prosecution or defense of the the lawyer will be entitled to recover on a quantum meruit basis or to the full amount as fixed in a valid written agreement if the client acted in bad faith. A contingent fee contract is generally valid and binding, unless it is obtained by fraud, imposition or suppression of facts, or the fee is so clearly excessive as to amount to an extortion.
Champertous Contract (2000 Bar Exam) - one where the lawyer agrees to conduct the litigation on his own account and to pay the expenses thereof, and to receive as his fee a portion of the proceeds of the judgment. (Agpalo) -It is contrary to public policy and invalid because it violates the fiduciary relationship between the lawyer and the client (Bautista vs. Gonzales, 182 SCRA 151 [1990]). - In effect, he is investing in the case with the expectation of making a profit. The practice of law is profession and not a business venture. Contingent Fee vis--vis Champertous Contract (2000 Bar Exam)

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A contingent fee contract is an agreement in which the lawyers fee, usually a fixed percentage of what may be recovered in the action, is made to depend upon the success in the effort to enforce or defend the clients right. It is a valid agreement. It is different from a champertous contract in that the lawyer does not undertake to shoulder the expenses of the litigation. QUANTUM MERUIT Means as much as deserved or what the lawyers services merit. (Blacks Law Dictionary) Recovery of attorneys fees on the basis of quantum meruit is authorized:(Agpalo) 1) when there is no express contract for payment of attorneys fees; 2) when although there is a formal contract, the fees stipulated are found unconscionable or unreasonable by the court; 3) when the contract for attorneys fees is void due to purely formal defects of execution; 4) when the lawyer for justifiable cause, was not able to finish the case to its conclusion; 5) when the lawyer and the client disregard the contract for attorneys fees; and 6) when the client dismissed his counsel before the termination of the case or the latter withdrew therefrom for valid reasons. CANON 21 A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED. A lawyer shall not reveal the confidences or secrets of his client except: a. when authorized by the client after acquainting him of the consequences of the disclosure; b. when required by law; c. when necessary to collect his fees or to defend himself, his employees or associates or by judicial action. - It is the duty of an attorney to maintain inviolate the confidence, and at every peril to himself, to preserve the secret of his client. - A attorney cannot without the consent of his client, be examined as to any communication made by the client to him; nor can an attorneys secretary, stenographer or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity. The lawyers duty to maintain inviolate his clients confidence is perpetual. It outlasts his professional employment and continues even after the clients death for professional confidence once reposed cannot be divested by the expiration of the professional relationship or by the death of the client.
Requisites of Attorney-Client Privilege: 1) The person from whom legal advice is sought must be an attorney. The client must intend the communication to be confidential. 2) The attorney-client privilege embraces not only oral or written statement but actions, signs or other means of communication. SCOPE OF THE PRIVILEGE: attorney and his client as well as to the attorneys secretary, stenographer or clerk with reference to any fact acquired in such capacity. It also extends to an interpreter, a messenger or any other agent of transmitting the communication, originating from the clients agent and made to the attorney or

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from the attorneys agent to the attorney because the attorneys agent is also clients subagent and is acting as such for the client. An expert such as an accountant, a scientist, an engineer or a physician, who has been hired either by a client or an attorney for effective consultation or communication between attorney and client
General rule: only the client can waive the privilege. Exceptions : where the clients consent alone is insufficient as when the person to be examined with reference to any privileged communication is the attorneys secretary, stenographer or clerk, in respect to which the consent, too, of the attorney is necessary. The attorney is allowed disclosure which is necessary to protect his rights. Statements and communications regarding the commission of a crime already committed, made by a party who committed it, to an attorney, consulted as such, are privileged communications. Contrarily, communications between attorney and client having to do with the clients contemplated criminal acts ,or in aid or furtherance thereof, are not covered by the cloak of the privileged and in this instance, the lawyer may testify without violating the attorney-client privilege.
CANON 22 A LAWYER SHALL WITHDRAW HIS SERVICES FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES. A lawyer may withdraw his services in any of the following cases: a. when the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; b. when the client insists that the lawyer pursues conduct violative of these canons and rules; c. d. e. f. when his inability to work with co-counsel will not promote the best interest of the client; the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; when the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; when the lawyer is elected or appointed to public office, and
g. other similar cases. 1995 Bar Exam ATTORNEYS LIEN: 1. RETAINING LIEN Harold secured for theservices of the account due to the attorney from his client for services -a general lien the balance of Atty. Jarencio toin all matters which he debtors. handled for the client, regardless of their outcome. rendered collect from various may have Accordingly, Dictionary) Jarencio filed (Blacks Law Atty. collection cases against the debtors of Harold and an attorney to retain the funds, documents and papers of his client which have lawfully the right of in fact obtained favorable judgments his possessionAtty. his lawful fees and disbursements have been paid and to apply come into in some. until Jarencio demanded from Harold his attorneys fees such funds to the satisfaction thereof. pursuant to their agreement but Harold refused. When one of the defendants paidRules of Court, the attorney cannot be compelled to Further, under Rule 138, Sec 37 of the his indebtedness of 20, 000in his possession without prior proof that his fees have been duly surrender the documents through Atty. Jarencio, the latter refused to turn over satisfied. the money to Harold; instead, Atty. Jarencio applied the amount to his attorneys fees having in mind the provisions of the Civil Code on legal compensation or set-off to justify his act. 22 Was ATTY. Jarencio correct in refusing to Legal Ethics Study Guide turn over to his client the amount he Centralized Bar Operations 2007 collected? Discuss fully.

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Answer: A lawyer has a retaining lien which entitled him to retain possession of a clients document , money or other property which come into the hand of the attorney professionally, until the general balance due him for professional services is paid. Under Rule 138, Sec 37 of the Rules of Court, the attorney cannot be compelled to surrender the documents in his possession without prior proof that his fees have been duly satisfied. However, Atty. Jarencio here cannot appropriate the sum of 20,000. If there is a disputr between him and Harold as to the amount of the fees that he can collect, what he should do if Harold disputes his claim is to file an action for the recovery of his fee or record a charging lien so that the court can fix the amount to which he is entitled.
Requisites for validity of Retaining lien: 1) presence of attorney-client relationship 2) lawful possession by the lawyer of the clients funds, documents and papers in his professional capacity and 3) unsatisfied claim for attorneys fees or disbursements. 2. CHARGING LIEN I. a special lien in a particular case and presupposes that a favorable judgment has been secured for the client in that case. II. The right which an attorney has upon all judgments for the payment of money and executions issued in pursuance thereof, secured in favor of the client.

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Requisites for validity of Charging lien: 1) there must be an attorney-client relationship 2) the attorney has rendered services 3) a money judgment favorable to the client has been secured in the action 4) the attorney has a claim for attorneys fees or advances and 5) a statement of his claim has been duly recorded in the case with notice thereof served upon the client and the adverse party. 1994 Bar Exam The client with whom you had a retainer agreement had not been paying you contrary to your stipulations on legal fees, even as you continue to appear at hearings in his case. A judgment was finally rendered in your clients favor awarding him the real property in litigation as well as a substantial amount in damages. As the counsel who had not been paid, what steps can you take to protect your interests? I will cause a charging lien of my fees to be recorded and attached to the judgment insofar as it is for the payment of money in damages. Then, I will have the right to collect my fees out of such judgments and executions issued in pursuance thereof.
Breach of Duties Of A Lawyer: A. To the Court a. Obstructing Administration of justice constitutes misconduct and justifies disciplinary action against him and contempt of court. b. Misleading the court knowingly making false allegation in pleadings, misquoting text of documents, suppressing material facts. c. Preferring false charges filing or prosecuting false charges against another for his action is violative of duty to do no falsehood nor consent to doing of any in court, nor wittingly or willingly promote or sue any false, groundless, unlawful suit. Requisites a. Charges are false b. Lawyer knows them to be so
d. Introducing False Evidence it is a violation of the oath to do no falsehood nor consent to doing of any in court. When false testimony is material to the inquiry or relevant to the issue, it requires suspension or disbarment. On the other hand, when the testimony is immaterial or irrelevant and does not cause substantial prejudice, it only warrants lesser sanction, such as warning or reprimand e. Willfully disobeying court orders lawyer may be punished for contempt and disciplined as an officer of the court.

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f.
Using vicious or disrespectful language constitutes direct contempt; violation of oath and Code of Professional Responsibility.
g. Continue to practice after suspension constitutes gross misconduct and willful disregard of suspension order. B. To the Client a. Negligence in performance of duties Requisites to Warrant Suspension or Disbarment: a. negligence or carelessness gross in character b. caused material prejudice to client Note: Mere negligence without pecuniary damages justify only reprimand or censure except when breach of duty to client is a gross violation of obligation to court. b. Employment of unlawful means c. Deceit or misrepresentation Requisites a. Bad faith on the part of the lawyer b. Material damage to client d. Representing adverse Interest and revealing clients secrets If there is no written consent of client, a lawyer may not represent conflicting interest. The fact that lawyer did not acquire confidential information from client nor use the same against the latter does not excuse him from responsibility. e. Purchase of clients property in litigation Requisites: a. Lawyer is counsel for client at time he acquired the property b. Property is subject of litigation c. Acquires it by himself or through another d. Acquires property during pendency of litigation Failing to account or misappropriation of clients property presupposes fraudulent intent of lawyer. Immediate repayment by lawyer of clients money or property after demand but before institution by client of disbarment proceedings negates fraudulent intent. If the lawyer has a lien, it cannot be used as an excuse for not making an accounting. g. Collecting unreasonable fees Where the law fixes the maximum amount which lawyer may charge client, collection of more than what law allows constitutes malpractice. h. Acting without authority A lawyer can bind client without special power of attorney only on matters of proceedings. i. Willfully appearing without being retained It must be: willful, or corrupt, or contumacious in order that he may be held liable. f.
C. To the Bar a. Unethical conduct or unprofessional conduct that which violates rules or ethical code of legal profession. b. Defaming fellow lawyer Use of improper and objectionable language against another lawyer, or

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accuse him wantonly and maliciously of a serious misconduct in the absence of reasonable cause constitutes misconduct. Strongly worded statements by a lawyer, if justified by the records, may not justify disciplinary action against him. c. Encroaching upon business of another d. Soliciting business for purposes of gain, personally or through paid agents is MALPRACTICE and agreeing with non-lawyer to divide fees paid by client or for solicitation by non-lawyer. e. Advertising BAR DISCIPLINE Powers of the Courts to discipline errant lawyers: 1. The Supreme Court has the full authority and power to a. Warn b. Admonish c. Reprimand d. Suspend, and e. Disbar a lawyer [Section 27, Rules 138, Rules of Court]
The Court of Appeals and the Regional Trial Courts are also empowered to a. Warn b. Admonish c. Reprimand, and d. Suspend an attorney who appears before them for the practice of law for any of the causes mentioned in Section 27, Rule 138 [Section 16, Rule 139 - B]. Note: But NOT to disbar a lawyer. 2. Forms of disciplinary measures: (WARS CD) 1. Warning an act or fact of putting one on his guard against an impending danger, evil consequences or penalties. 2. Admonition a gentle or friendly reproof, mild rebuke, warning or reminder, counseling, on a fault, error or oversight, an expression of authoritative advice. 3. Reprimand a public and formal censure of severe reproof, administered to a person in fault by his superior officer or a body to which he belongs. 4. Suspension temporary withholding of a lawyers right to practice his profession as a lawyer for a certain period or for an indefinite period of time. a. Definite b. Indefinite qualified disbarment; lawyer determines for himself for how long or how short his suspension shall last by proving to court that he is once again fit to resume practice of law. 5. Censure official reprimand.
6. Disbarment act of the Philippine Supreme Court in withdrawing from an attorney the right to practice law. The name of the lawyer is stricken out from the roll of attorneys. Suspension And Disbarment Nature of the Proceedings: (2000, 2002 Bar Exams) 1. NOT a civil action 26 Legal Ethics Study Guide Centralized Bar Operations 2007

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because there is no plaintiff and no respondent; involves no private interest. The complainant is not a party and no interest in the outcome except as all citizens have in proper administration of justice; no redress for private grievance. 2. NOT a criminal prosecution because it is not meant as a punishment depriving him of source of livelihood but rather to ensure that those who exercise the function should be competent, honorable and reliable so that public may repose confidence in them.
3. SUI GENERIS it is a class of its own since it is neither civil nor criminal. 4. Confidential in nature. 5. Defense of double jeopardy is not available. 6. Can be initiated by the SC motu propio or by the IBP. It can be initiated without a complaint. 7. Can proceed regardless of interest of the complainants. 8. Imprescriptible. 9. It is itself a due process of law. Grounds for suspension or disbarment of members of the bar: 1. Under Rule 138, Sec. 27 of the Revised Rules of Court. a. Deceit is a fraudulent and deceptive misrepresentation, artifice of device used by one or more persons to deceive and trick another who is ignorant of the true facts, to the prejudice and damage of the party imposed upon. There must be false representation as to matter of fact. (Example: Misappropriation of clients fund) b. Malpractice or other gross misconduct in office any malfeasance or dereliction of duty committed by a lawyer. (Example: Failure of lawyer to appeal by allowing the period of appeal to lapse) Legal malpractice failure of an attorney to use such skill, prudence and diligence as lawyers of ordinary skill and capacity commonly possess and exercise in the performance of tasks which they undertake, and when such failure proximately causes damage, it gives rise to an action in tort. [Tan Tek Beng vs. David, 126 SCRA 389] c. Grossly immoral conduct that conduct which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community. In the case of Arciga vs. Maniwang (106 SCRA 591), mere intimacy between a lawyer and a woman with no impediment to marry each other voluntarily cohabited and had two children, is neither so corrupt as to constitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary action against the man as a member of the bar. d. Conviction of a crime involving moral turpitude (example: estafa, bribery, murder, bigamy, seduction, abduction, concubinage, smuggling, falsification of public document, violation of BP 22)
e. Violation of oath of office

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f.
Willful disobedience of any lawful order of a superior court
g. Corruptly or willfully appearing as an attorney for a party to a case without authority to do so 2. Acquisition of an interest in the subject matter of the litigation, either through purchase or assignment [Art. 1491, Civil Code] 3. Breach of professional duty, inexcusable negligence, or ignorance, or for the revelation of the clients secrets [Art. 208, Revised Penal Code] 4. Representing conflicting interests [Art. 209, Revised Penal Code] Other grounds for discipline: 1. Non-professional Misconduct General Rule: Lawyer may not be suspended or disbarred for misconduct in his non-professional or private capacity. Exception: Where such is so GROSS to show him to be morally unfit for office or unworthy of privilege, court may be justified in suspending or removing him. 2. Gross Immorality an act of immorality on the part of a lawyer in his private relations may put his character in doubt; but to justify suspension or disbarment, the act must not only be IMMORAL, it must be GROSSLY IMMORAL. GROSSLY IMMORAL one so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. Cohabitation per se is not grossly immoral, it depends on the circumstances and it is not necessary that there be prior conviction for offense before a lawyer may be disciplined for gross immorality. If the evidence is not sufficient to hold the lawyer liable for gross immorality, he may still be reprimanded where evidence shows failure on his part to comply with rigorous standards of conduct required of a lawyer. 3. Conviction of Crime Involving Moral Turpitude All crimes of which fraud or deceit is an element or those inherently contrary to rules of right conduct, honesty or morality in civilian community. 4. Promoting to Violate or Violating Penal Laws 5. Misconduct in the Discharge of Official Duties A lawyer who holds a government office may not be disciplined as a member of the bar for misconduct in the discharge of his duties as a government official. If the misconduct, however, is in violation of the Code of Professional Responsibility, or of his oath as a lawyer, or is of such a character as to affect his qualifications as a lawyer, he may be subject to disciplinary action such as disbarment. This rule does not apply to impeachable officials like SC Justices, Members of the Constitutional Commission and Ombudsman because they can be removed only by impeachment. 6. Commission of Fraud or Falsehood 7. Misconduct as Notary Public (1995 Bar Exam)

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By applying or having himself commissioned as notary public, lawyer assumes duties in dual capacity, the non-performance of which be may be a ground for discipline as member of bar. The notarial commission may be revoked by the Executive Judge of the RTC who issued the commission or the Supreme Court itself. May a member of the Bar be suspended or disbarred on causes other than those enumerated in the Rules of Court? Yes. The statutory enumeration of the grounds for disbarment or suspension is not to be taken as a limitation on the general power of courts to suspend or disbar a lawyer. The inherent power of court over its officers cannot be restricted. [Quingwa vs. Puno, Admin. Case No 398, Feb. 28, 1967] The Supreme Court has disbarred or suspended lawyers for reasons not found in statute as when their acts are contrary to honesty or good morals or do not approximate the highest degree of morality and integrity expected of the members of the bar. [Sta. Maria vs. Tuazon, Admin. Case No. 396, July 31, 1964]. Note: (2001, 2002 Bar Exams) In the case of Toledo vs. Abalos, 315 SCRA 419 (1999), the Supreme Court held that a lawyer may not be disciplined for failure to pay her loan obligation. The remedy is to file an action for collection against her in the regular courts. However, unwarranted obstinacy in evading the payment of a debt has been considered as gross misconduct [Constantino v. Saludares, 228 SCRA 233 (1993)]. Persons authorized to investigate disbarment cases: 1. Supreme Court 2. Integrated Bar of the Philippines (IBP) through its Commission on Bar Discipline or authorized investigators Proceedings for the disbarment, suspension and discipline of attorneys may be taken (Rule 139-B): 1. by the Supreme Court motu propio, or 2. by the IBP upon the verified complaint of any person; The IBP Board of Governors may initiate and prosecute proper charges against erring attorneys including those in government: 1. motu propio or 2. upon referral by the SC or 3. by a Chapter Board of Officers or 4. at the instance of any person. The complaint must be: 1. verified; 2. states clearly and concisely the facts complained of; 3. supported by affidavits of persons having personal knowledge of facts therein alleged, or documents which may substantiate it; 4. filed with six (6) copies furnished the Secretary of the IBP or any of its chapters. Outline of proceedings of disbarment in the IBP under Rule 139-B: 1. The case shall be assigned to a National Grievance Investigator where the Board of Governors shall appoint one from among IBP members or three (3) when special circumstances warrant; 2. If the complaint is meritorious, the respondent shall be served with a copy requiring him to answer within 15 days from service;

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3. The respondent shall file an answer containing six (6) copies and shall verify the same; after receipt of the answer or lapse of the period to do so, the Supreme Court may, motu propio or at the instance of the IBP Board of Governors, upon recommendation by the Investigator, suspend an attorney from practice for any of the causes under Rule 138, Sec. 27, during the pendency of the investigation; 4. After joinder of the issues or failure to answer, the respondent shall be given full opportunity to defend himself. But if the respondent fails to appear to defend himself inspite of notice, the investigator may proceed ex parte. The investigation shall be terminated within three (3) months from commencement which period may be extended; 5. The Investigator shall make a report to the Board of Governors within 30 days from termination of the investigation which report shall contain his findings and recommendations together with the evidence; 4) The Board of Governors shall have the power to review the decision of the Investigator. Its decision shall be promulgated within a period not exceeding 30 days from the next meeting of the Board following the submission of the report of the Investigator. a. If guilty of the charges, the IBP Board of Governors shall issue a resolution setting forth its findings and recommendations which shall be transmitted to the Supreme Court for final action together with the record; If for exoneration, or if the sanction is less than suspension or dismissal, the Board shall issue a decision exonerating for final determination [Graciano vs. Sebastian, 231 SCRA 588].
b.
Effect of desistance, withdrawal of complaint or non-appearance of complaint in disbarment proceedings: (1994 Bar Exam) General Rule: does not deprive the court the authority to proceed to determine the matter, nor does it necessarily result in the dismissal of the complaint. Exception: When, as a consequence of the withdrawal or desistance, no evidence is adduced to prove the charges. Note: The same principle applies to administrative charges against judges. Doctrine of Res Ipsa Loquitor: applies to both judges and lawyers. Judges had been dismissed from the service without need for a formal investigation because based on the records, the gross misconduct or inefficiency of the judges clearly appears [Uy vs. Mercado, 154 SCRA 567]. The same principle applies to lawyers. Thus, on the basis of the lawyers comment or answer to a show-cause order of SC, it appears that the lawyer has so conducted himself in a manner which exhibits his blatant disrespect to the court, or his want of good moral character or his violation of the attorneys oath, the lawyer may be suspended or disbarred without need of a trial-type proceeding. What counts is that the lawyer has been given the opportunity to give his side [Prudential Bank vs. Castro 156 SCRA 604]. Defenses in civil or criminal cases available in disbarment proceedings: The purpose and nature of disbarment proceedings make the defenses available in civil and criminal actions inapplicable in disciplinary proceedings. The Statute of Limitations is not a defense in disciplinary proceedings nor does the fact the circumstance that facts set up as ground for disbarment constitute crime, the prosecution for which in criminal action is barred by prescription, preclude the disbarment proceeding. However, the fact that a considerable length of time has lapsed from the date the misconduct took place to date the complaint for disbarment was filed may indicate ulterior motive on part of complaint or innocence on part of respondent 30 Legal Ethics Study Guide Centralized Bar Operations 2007

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Circumstances that modify the extent of disciplinary action: A. Mitigating Circumstances 1.Good faith 2.Want of intention to commit wrong 3.Lack of material damage to complaint 4.Desistance of complainant 5.Youth and inexperienced in bar, etc. B. Aggravating Circumstances 1.Abuse of authority or of attorney-client relationship 2.Sexual intercourse with a relative 3.Charge of gross immorality 4.Previous dismissal as member of the bar Effect of executive pardon during the pendency of a disbarment proceeding: (1994 Bar Exam) The dismissal of the case on that basis alone will depend on whether the executive pardon is absolute or conditional. If the pardon is absolute, the case will be dismissed. If the executive pardon is conditional, dismissal will not necessarily follow. Absolute pardon by President may wipe out conviction as well as offense itself and the grant thereof in favor of a lawyer is a bar to a proceeding for disbarment against him based solely 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 the offense at all. If absolute pardon is given to lawyer after being disbarred for conviction of crime, it does not automatically entitle him to reinstatement to bar. It must be shown by evidence that aside from absolute pardon, he is now a person of good moral character, fit and proper to practice law. In case of a conditional pardon, there is only a remission of the unexpired period of sentence.
Effects of death of a lawyer during pendency of disciplinary action: 1.Renders action moot and academic 2.(But) court may resolve case on the merits in order to publicly clear the name of the lawyer. Effects of suspension or disbarment: A lawyer who has been suspended or disbarred cannot practice law without being held liable for contempt of court. The suspended lawyer may be further disbarred for violation of the suspension order. If the lawyer holds a government office which requires membership in the bar as an indispensable qualification, he may be dismissed from the said office by virtue of such judgment.
REINSTATEMENT The Supreme Court has the exclusive authority to reinstate. Petitioner must prove that he is once again fit and proper person to practice law. The following must be taken into consideration: 1. the applicants character and standing prior to disbarment; 2.nature and character of the misconduct for which he was disbarred; 3.his conduct subsequent to disbarment 4. the time that has elapsed between disbarment and the application for reinstatement and the circumstances that he has been sufficiently punished and disciplined [Prudential Bank vs. Benjamin Grecia, 192 SCRA 381 5. applicants apprecitaiton of the significance of his dereliction and his assurance that he now possesses the requisite probity and integrity; 6. favorable endorsement of the IBP and pleas of his loved ones [Yap Tan vs. Sabandal, 170 SCRA 207].

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The court may require applicant for reinstatement to enroll in and pass the required 4 th yr. review classes in a recognized law school. [Cui vs. Cui, 11 SCRA 755; In re Rusiana, 56 SCRA 240] Is a disbarred lawyer due to conviction of a crime, automatically reinstated to the practice of law upon pardon by the President? (1994 Bar Exam) NO. To be reinstated, there is still need for the filing of an appropriate petition with the SC. Requisites for reinstatement: 1. The SC is convinced that the lawyer is possessed of the requisite probity and 2. Integrity necessary to guarantee his worth to practice his profession. Effects of reinstatement: 1. Recognition of lawyers moral rehabilitation and mental fitness to practice law; 2. The lawyer shall be subject to the same law, rules and regulations as those applicable to any other lawyer; and 3. The lawyer must comply with the condition/s imposed on his readmission. CRIMINAL LIABILITY Grounds for criminal liability: 1. Causing prejudice to his client through malicious breach of professional duty or through inexcusable negligence or ignorance. 2. Revealing clients secrets learned in professional capacity through malicious breach of professional duty or inexcusable negligence. Specific Acts which May Result to Criminal Liability: 1. A lawyer who has undertaken the defense of a client or has received confidential information from said client in a case maybe held criminally liable for undertaking the defense of opposing party in the same case without consent of first client. [Art.209, Revised Penal Code] 2. A lawyer who shall knowingly introduce in evidence, in any judicial proceeding or to the damage of another or who, with intent to cause such damage, shall use any false document maybe held criminally liable therefore. [Art.172, RPC] 3. A lawyer who misappropriates his clients funds maybe held liable for estafa. CONTEMPT OF COURT Nature 1. It is exercised a. on preservative and not on vindictive principle; b. on corrective rather than the retaliatory idea of punishment; c. for purposes that are impersonal. 2. It is criminal in nature. 3. The power to punish for contempt is inherent in all courts. It is essential in the observance of order in judicial proceeding and to the enforcement of judgment, orders and writs. II. Kinds of Contempt:
1. Direct Contempt consists of misbehavior in the presence of or so near a court or judge as to interrupt or obstruct the proceedings before the court.

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2. Indirect or Constructive Contempt one committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment or command of the court, or tending to belittle, degrade, obstruct, interrupt or embarrass the court. 3. Civil Contempt failure to do something ordered by the court which is for the benefit of a party. 4. Criminal Contempt consists of any conduct directed against the authority of dignity of the court. Acts of a Lawyer Constituting Contempt: 1. Misbehavior as officer of court; 2. Disobedience or resistance to court order; 3. Abuse or interference with judicial proceedings; 4. Obstruction in administration of justice; 5. Misleading courts; 6. Making false allegation, criticisms, insults, veiled threats against the court; 7. Aiding in unauthorized practice of law; 8. Unlawful retention of clients funds; and 9. Advising client to commit contemptuous acts. JUDICIAL ETHICS a branch of moral science which treats of the right and proper conduct to be observed by all judges and magistrates in trying and deciding controversies brought to them for adjudication, which conduct must be demonstrative of impartiality, integrity, competence, independence, and freedom from improprieties.
JUDGE a public officer who, by virtue of his office, is clothed with judiciary authority. DE JURE JUDGE One who is exercising the office of a judge as a matter of right; an officer of a court who has been duly and legally elected or appointed. DE FACTO JUDGE An officer who is not fully invested with all the powers and duties conceded to judges, but exercising the office of a judge under some color of right. Qualifications: I. Supreme Court and Court of Appeals Justices 1. Natural-born citizen of the Philippines; 2. At least 40 years of age; 3. Must have been for 15 years or more a judge of a lower court or engaged in the practice of law; 4. Must be a person of proven competence, integrity, probity and independence. II. RTC Judges 1. Natural-born citizen of the Philippines; 2. At least 35 years of age; 3. For at least 10 years has been engaged in the practice of law in the Phil. or has held a public office in the Phil. requiring admission to the practice of law as an indispensable requisite. III. MTC Judges 1. Natural-born citizen of the Phil.; 2. At least 30 years of age;

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3.
For at least 5 years has been engaged in the practice of law in the Phil. or has held public office in the Phil. requiring admission to the practice of law as an indispensable requisite.
JUDICIAL DEPORTMENT A. Attitude of judge towards counsel who appear before him: The judge must be courteous especially to the young and inexperienced.
He should not interrupt in their arguments except to clarify his mind as to their positions. He must not be tempted to an unnecessary display of learning or premature judgment. He may criticize and correct unprofessional conduct of a lawyer but not in insulting manner.
B. Attitude of a judge towards litigants witnesses: He must be considerate, courteous and civil, and he must not utter intemperate language during hearing of case. Proper judicial conduct: The conduct of oneself as to be beyond reproach and suspicion and be free from appearance of impropriety in their personal behavior not only in discharge of official duties but also in their everyday life. Cold neutrality of an impartial judge: A judge should not only render just, correct and impartial decision but also do so in manner free from suspicion as to its fairness and impartiality and as to his integrity. It is indispensable requisite of due process. CODE OF JUDICIAL CONDUCT CANON 1 A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY Effect in case a judge has failed to decide case within the reglementary period: In Bernardo vs. Judge Amelia Fabros [A.M. NO. MTJ-99-1189, May 12, 1999], the Supreme Court has always considered the failure of a judge to decide a case within the reglementary period as GROSS INEFFICIENCY and imposed either fine or suspension from service without pay for such. The fines imposed vary in each case, depending chiefly on the number of cases not decided within the reglementary period and other factors, to wit: the presence of aggravating circumstances- the damages suffered by the parties as a result of the delay, the health and age of the judge, etc. CANON 2 A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES. Judge X conducted preliminary investigations in a case where the complaining witness is the judges nephew. Is the judges act ethical? NO. Judge X should have refrained from handling the preliminary investigation since he was closely related to the complainant. A judge should not handle a case in which he might be perceived to be susceptible to bias and partiality. He should avoid not merely impropriety in all his acts but even the appearance of impropriety. [Perez vs. Judge Suller, 249 SCRA 665]. A judge should so behave at all times as to promote public confidence in the integrity of the judiciary. [Rule 2.01]

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Magneto, a Regional Trial Court Judge, received the amount of Ten Thousand (P10,000.00) Pesos in cash from accused charged with serious physical injuries in his court, whereupon he was released from custody. After dismissal of the case against him, the accused sought to withdraw the amount he had deposited as bail. It was not at once returned to the accused because according to the Judge, it was stolen from the drawer of his table where he kept it after receipt. Nonetheless, the amount was returned to the accused. Is the Judge guilty of misconduct for which he may be discipline? Yes, the judge is guilty of misconduct and may be disciplined. He was negligent in keeping the money in his drawer instead of depositing it with the municipal treasurer as required by law. His failure to return it at once after the acquittal of the accused creates a suspicion that he misappropriated the money. A judge should avoid impropriety and the appearance of impropriety in all his activities (Canon 2, Code of Judicial Conduct). CANON 3 A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY AND WITH IMPARTIALITY AND DILIGENCE. Judge X failed to act on a motion to dismiss a case. He contends that the delay was brought about by the failure of his staff to present to him the ex-parte motion to resolve. Is the contention of Judge X valid? No. A judge cannot take refuge behind the inefficiency or mismanagement of court personnel. Proper and efficient court management is as much as his responsibility. It is also his duty to organize and supervise the court personnel to ensure the prompt and efficient dispatch of business. Prompted by mere newspaper reports of the lifting of all foreign exchange restrictions and without waiting for the defense to file a motion to quash nor for the prosecution to be heard on the matter, Judge M motu propio dismissed the eleven (11) criminal cases filed against IM for violation of Central Bank foreign exchange restrictions. May Judge M be dismissed for his act? Yes. The judges act is egregious legal error, legal error motivated by bad faith, or a continuing pattern of legal error which amount to misconduct subject to discipline, ranging from admonition to removal of office. A legal error is egregious and serious enough to amount to misconduct when judges deny individuals their basic or fundamental rights as he has effectively deprived the prosecution of its right of due process. Judge M has followed a course of judicial conduct which is in utter disregard of the law, established rules of practice and basic notions of fair play. [State Prosecutors vs. Muro, 251 SCRA 111] Judge M granted the seven-day medical confinement of the accused (a suspected drug queen). In the accuseds motion for extension of confinement, the prosecutors opposed on the ground that the medical evaluation on the accused did not indicate that the latters sickness is so serious. Without hearing on the motion and the opposition, Judge M simply issued an order submitting them for resolution, and, subsequently, granting the motion for extension. Does the judges act warrant his dismissal for service? Yes. Judge M violated the clear mandate that in every case, a judge shall endeavor diligently to ascertain the facts and the applicable law. (Canon 3, Code of Judicial Conduct) He forgot that the trial judges, in this jurisdiction, are judges of both the law and the facts. A judge therefore must conscientiously endeavor each time to seek the truth, to know and aptly apply the law, and to dispose of the controversy objectively and impartially, all to the end that justice is done to every party.
CANON 4 A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES, ENGAGE IN ACTIVITIES TO IMPROVE THE LAW, THE LEGAL SYSTEM AND THE ADMINISTRATION OF JUSTICE. 35 Legal Ethics Study Guide Centralized Bar Operations 2007

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CANON 5 A JUDGE SHOULD REGULATE EXTRA-JUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES. DISQUALIFICATION OF JUDGES Grounds for Disqualification of Judges: Impartiality. These cases include, among others, proceeding where: a. the judge has personal knowledge of disputed evidentiary facts concerning the proceeding; b. the judge served as executor, administrator, guardian, trustees or lawyer in the case or matters in controversy, or a former associate of the judge as counsel during their association, or the judge or lawyer was a material witness therein; c. the judges ruling in a lower court is the subject of review; d. the judge is related by consanguinity or affinity to party litigant within the sixth degree or to counsel within the fourth degree; e. the judge knows that the judges spouse or child has a financial interest, as heirs, legatee, auditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding. In every instance the judge should indicate the legal reason for inhibition. (Rule 3.12, Code of Judicial Conduct)
Grounds for Disqualification and Inhibition of Judges under the Rules of Court: 1. Mandatory or Compulsory Disqualification [Rule 137, ROC] a. when he, or his wife, or child is pecuniarily interested as heir, legatee, creditor or otherwise; b. when he is related to either party within the 6th degree of consanguinity of affinity or to counsel within the 4th civil degree; c. when he has been an executor, guardian, administrator, trustee or counsel; d. when he has presided in an inferior court where his ruling or decision is subject to review. 3. Voluntary Inhibition A judge may, in the exercise of his sound discretion disqualify himself, for just and valid reasons other than those mentioned above. [Section 1, Rule 137] This leaves the discretion to the judge to decide for himself questions as to whether he will desist from sitting in a case for other just and valid reasons with only his conscience to guide him, unless he cannot discern for himself his inability to meet the test of cold neutrality required of him, in which event the appellate court will see to it that he disqualifies himself. A decision of the judge to disqualify himself: is not conclusive and his competency may be determined on application for mandamus to compel him to act. On the other hand, his decision to continue hearing a case in which he is not legally prohibited from trying notwithstanding challenge to his objectivity does not constitute reversible error.

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The filing of an administrative case against a judge does not disqualify him from hearing a case. The court has to be shown, other than the filing of administrative complaint, the act or conduct of judge indicative of arbitrariness or prejudice before the latter is branded with stigma of being biased or partial.
Remittal of Disqualification (Rule 3.13, Code of Judicial Conduct) A judge disqualified by the terms of Rule 3.12 (supra.) may, instead of withdrawing from the proceeding, disclose on the record the basis of disqualification. The judge may participate in the proceeding if: based on such disclosure, the parties and lawyers independently of the judges participation, all agree in writing that the reason for the inhibition is immaterial or insubstantial and allows the judge to participate or hear the case. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceeding. Disqualification 1. The Rules 1. enumerates specific and exclusive grounds under which any judge or judicial officer is disqualified from acting as such. 2. The Rules gives the judicial officer no discretion to try or sit in a case. Inhibition The Rules does not expressly enumerate the specific grounds for inhibition but merely gives a broad basis therefore, e.g. good, sound or ethical grounds. 2. The Rules leaves the matter of inhibition to the sound discretion of the judge.
In case before him, it was the son of Municipal Trial Court Judge A who appeared as counsel for the plaintiff. After the proceeding, judgment was rendered in favor of the plaintiff and against the defendant. B, the defendant in the case, complained against Judge A for not disqualifying himself in hearing and deciding the case. In his defense, Judge A alleged that he did not disqualify himself in the case because the defendant never sought his disqualification. Is Judge A liable for misconduct in office? Judge A is liable for misconduct in office. Rule 3.12 of the Code of Judicial Conduct provides that a judge should take no part in a proceeding where his impartiality might reasonably be questioned. In fact, it is mandatory for him to inhibit or disqualify himself if he is related by consanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree (Hurtado v. Jurdalena, 84 SCRA 41). He need not wait for a motion of the parties in order to disqualify himself). Activities on which judge may engage without impairing the performance of his function: A judge may, with due regard to official duties, engage in activities to improve the law, the legal system and the administration of justice. [CANON 4] A judge may, to the extent that the following activities do not impair the performance of judicial duties or cast doubt on the judges impartiality:

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a. speak, write, lecture, teach or participate in activities concerning the law, the legal system and the administration of justice; b. appear at public hearing before a legislative or executive body on matters concerning the law, the legal system or the administration of justice and otherwise consult with them on matter concerning the administration of justice; serve on any organization devoted to the improvement of the law, the legal system or the administration of justice. [Rule 4.01]
c.
A judge should regulate extra-judicial activities so as to minimize the risk of conflict with judicial duties. [CANON 5] A judge may engage in the following activities provided that they do not interfere with the performance of judicial duties or detract from the dignity of the court: a. write, lecture, teach and speak on non-legal subject; b. engage in the arts, sports and other special recreational activities; c. participate in civic and charitable activities; d. serve as an officer, director, trustee, or non-legal advisor of a non-profit or nonpolitical, educational, religious, charitable, and fraternal or civic organization. [Rule 5.01] A judge shall refrain from financial and business dealings: 1. that tend to reflect adversely on the courts impartiality; 2. that interfere with the proper performance of judicial activities; 3. that increase involvement with lawyers or persons likely to come before the court. [Rule 5.02] A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification. Subject to the provisions of the proceeding rule, a judge may hold and manage investments but should not serve as an officer, director, manager, advisor, or employee of any business except as director of a family business of the judge. [Rule 5.03]
Prohibition against accepting gifts, donations or loans: A judge or any immediate member of the family shall not accept a gift, bequest, favor or loan from anyone except as may be allowed by law. [Rule 5.04] Judge X went to Guam on vacation on board a Philippine Airlines plane and he stayed in a first class hotel for three days and three nights. The round trip ticket Manila-Guam-Manila and board and lodging in the hotel where he stayed were paid for as a birthday gift to the Judge by a friend whose son has a case for estafa pending in another Branch of the Court where Judge X is assigned. Did Judge X commit any infraction of the Code of Judicial Conduct under the circumstances? Yes. He violated Canon 5, Rule 5.04 of the Code of Judicial Conduct, which provides that a judge or any immediate member of the family shall not accept a gift, bequest, favor or loan from anyone except as may be allowed by law. Also, Canon 2 of the same Code provides that a judge should avoid impropriety and the appearance of impropriety in all activities. Accepting a birthday gift of a vacation in Guam from a friend whose son has a case for estafa pending in another branch of the Court where Judge A is assigned raises a suspicion of impropriety on his part. The fact that the case is pending in another branch is immaterial because he could be suspected of having been bribed to influence the presiding judge of the other branch. A judge shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency (Rule 2.04, Code of Judicial Conduct).

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Disclosure of information acquired in official capacity Information acquired in a judicial capacity shall be not be used or disclosed by a judge in any financial dealing or for any other purpose not related to judicial activities. [Rule 5.05] The prohibition will discourage, if not, stop judges from making business speculations in some business ventures, the secrets of which he learned by reason of his position as a judge. The judge may be held liable for violation of Section 3(k) of RA 3019 divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons or releasing such information in advance of its authorized release due. Violation of the rule may also lead to revelation of secrets by an officer or to revelation of the secrets of a private individual punishable by Articles 229 and 230 of the Revised Penal Code respectively. Prohibition to serve as executor, administrator, etc. Gen. Rule: The judge shall not serve as: (a) Executor; (b) Administrator; (c) Trustee; (d) Guardian; (e) Fiduciary. Exception: When the estate, trust, ward or person for whom he will act as executor, administrator, trustee, guardian or fiduciary is a member of the immediate family, which is limited to the spouse and relatives within the second degree of consanguinity, provided, that the judges services as fiduciary shall not interfere with the performance of his functions. In such exceptional cases, the judge shall not: (1) serve in proceedings that might come before his court; (2) act contrary to Rules 5.02 to 5.05. (Rule 5.06, Code of Judicial Conduct)
1995, 1999 Bar Exams Justice de Padua of the Sandiganbayan was named executor of the Will of his good friend Kyan John whose estate is valued approximately at Two Billion Pesos (P2,000,000,000.00). Upon Kyan Johns death, may Justice de Padua accept the trust and serve as executor of Kyan Johns Will while still in office? No, he may not. Rule 5.o6 of the Code of Judicial Conduct provides that a judge shall not serve as the executor, administrator, trustee, guardian, or other fiduciary except for the estate, trust, or person of a member of the immediate family, and then only if such service will not interfere with the proper performance of judicial duties. Member of immediate family shall be limited to the spouse and relatives within the second degree of consanguinity. Private practice of law by a judge A judge shall not engage in the private practice of law. Unless prohibited by the Constitution or law, a judge may engage in the practice of any other profession provided that such practice will not conflict or tend to conflict with judicial functions. [Rule 5.07] Section 35, Rule 138 of the Rules of Court prohibits judges, officials or employees of superior courts xxx from engaging in private practice as members of the bar and in giving professional advice to clients. Reason for the prohibition: As explained in Dia-Anonuevo vs. Bercacio [68 SCRA 81], the Supreme Court held that the rule disqualifying a municipal judge from engaging in the practice of law seeks to avoid the evil of possible use of the power and influence of his office to affect the outcome of a litigation where he is retained as counsel.

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In De Castro vs. Capulong [118 SCRA 52] a judge who merely acted as a witness to a document and who explained to the party waiving his right of redemption over the mortgaged properties and the consequences thereof does not engage himself in the practice of law.
Appointment in quasi-judicial and administrative agencies: A judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions. [Rule 5.09] The prohibition is based on Section 12, Art. VIII of the Constitution, which provides: The members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. The appointment to such positions will likely interfere with the performance of the judicial functions of a judge hence, the prohibition.
Justice Magneto of the Court of Appeals, by mutual agreement of two opposing parties, was asked to be their sole arbitrator in the controversy that arose out of the construction of a building in Quezon City. The fee that would be paid to him was substantial, it amounting to double his annual salary and allowances. When Justice Magneto declined the offer, the parties suggested that he go on leave of absence for three months to enable him to do the job. May Justice Magneto accept the work offer to him while on leave of absence? Judge Magneto may not accept the work offered him even while on leave of absence from the Court of Appeals. A judge should regulate extra-judicial activities to minimize the risk of conflict with judicial duties (Canon 5, Code of Judicial Ethics). He shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions (Rule 5.09, Code of Judicial Conduct). This is specially so since decisions of voluntary arbitrators are appealable to the Court of Appeals. He must minimize the risk of conflict with judicial duties (Canons 4 and 5, Code of Professional Responsibility). Moreover, he will create the impression that he is merely interested in the fee involved, which will detract from the integrity of the judiciary. Engaging in partisan political activity A judge is entitled to entertain personal views on political questions. Limitations: A judge shall not make political speeches, contribute to party funds, publicly endorse candidates for political office or participate in other partisan political activities. [Rule 5.10]
Civil liabilities of judges in relation to their official functions: 1. Any public officer or employee or any private individual who, directly or indirectly, obstructs, defeats and violates or in any manner impedes or impairs the civil rights and liberties of persons shall be liable for damages. The responsibility for damages is not however demandable of judges except when the act or omission of the judge constitutes a violation of the penal code or other penal statute. [Art. 32, New Civil Code] 2. A judge who willfully or negligently renders a decision causing damages to another, shall indemnify the latter for the same.
3. A judge is also civilly liable for damages, if in refusing or neglecting to decide a case without just cause, a person suffered material or moral loss without prejudice to any administrative action that may be taken against him. [Art. 27, Civil Code] Disabilities of judges under the civil code:

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1. Art. 1491. The following persons cannot acquire by purchase, even at a public or judicial action, either in person or through the mediation of another: xxx (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions, this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession. xxx 2. Art. 739. Donations made to a judge, his wife, descendants and ascendants by reason of his office are void. Criminal liabilities of judges in relation to their function: 2.Misfeasance a. Knowingly Rendering Unjust Judgment Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision shall be punished by prison mayor and perpetual absolute disqualification. [Art. 204] b. Manifestly Unjust Judgment It is one which is so patently against the law, public order, public policy and good morals that a person of ordinary discernment can easily sense its invalidity and injustice. it must be shown beyond doubt that the judgment is unjust: as it is contrary to law or is not supported by evidence and the same was made with conscious and deliberate intent to do an injustice. [In re Climaco, 55 SCRA 107] If the decision rendered by the judge is still on appeal, the judge cannot be disqualified on the ground of knowingly rendering an unjust judgment. [Abad vs. Blaza, 145 SCRA 1] 2. Judgment Rendered Through Negligence - Any judge who, by reason of inexcusable negligence or ignorance shall render a case manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification. [Art. 205] Negligence and ignorance are inexcusable if they imply a manifest injustice, which cannot be explained by reasonable interpretation. [In Re; Climaco, 55 SCRA 107]. 3. Knowingly Rendering an Unjust Interlocutory Order Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension. [Art. 206] 4. Maliciously Delaying the Administration of Justice The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice. the act must be committed maliciously with deliberate intent to prejudice a party in a case. 5. Malfeasance Under the Anti-Graft and Corrupt Practices Act A judge is criminally liable for causing an undue injury to a person or giving any private party an unwarranted benefit, advantage or preference in the discharge of his official functions through: manifest partiality, evident bad faith and 41 Legal Ethics Study Guide Centralized Bar Operations 2007

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gross inexcusable negligence. [Section 3(e), R.A. 3019] DISCIPLINE OF MEMBERS OF THE BENCH
Power to discipline erring members of the bench The Supreme Court has administrative supervision over all courts and the personnel thereof [Section VI, Art. VIII, Constitution]. The Court en banc has the power to discipline all judges of lower courts including justices of the Court of Appeals. It may even dismiss them by a majority vote of the members who actually took part in the deliberation of the issues in the case and voted thereon [Section XI, Art. VIII, Constitution]. The inferior courts (MTCs) are not empowered even just to suspend an attorney, although they may cite or hold a lawyer in contempt of court for contemptuous acts. Justices and judges, who are also lawyers, if found guilty of certain crimes and/or of the causes for disbarment under the Rules of Court may also be disbarred. Justices of the Supreme Court however may not be disbarred unless and until they shall have been first impeached in accordance with the Constitution. The same is true with the other impeachable officers who are members of the bar. Grounds for the discipline of judges: 1. Serious Misconduct implies malice or a wrongful intent, not a mere error of judgment; serious misconduct is shown to exist when evidence shows that the judicial acts complained of were: corrupt or inspired by an intention to violate the law, or in persistent disregard of well-known legal rules. implies negligence, incompetence, ignorance and carelessness;
2. Inefficiency
a judge is inexcusably negligent if he failed to observe in the performance of his duties that diligence, prudence and circumspection which the law requires in the rendition of any public service. In the case of In Re: Leaves Of Absence Without Approval Of Judge Eric Calderon [A.M. 988-105 MTC, January 26, 1999], Judge Calderon was found guilty of gross misconduct, abandonment of office and was dismissed due to his frequent leave of absence totaling to 3 years which were not approved and his explanations were inexcusable. He has caused great disservice to many litigants and has denied them speedy justice. In the case of In Re: Judge Danilo Tenerife [255 SCRA 184], the failure of a judge to decide even a single case within the 90-day period was considered gross inefficiency warranting the imposition of fine equivalent to his one month salary. A judge figured in a vehicular accident, alighted from his car and boxed X. Is the judge guilty of any misconduct even not in the performance of his duties? Yes. His personal behavior, not only while in the performance of official duties but also outside the court, must be beyond reproach, for he is, as he is so aptly perceived to be, the visible personification of law and justice. [Marcelino vs. Judge Singson, 243 SCRA 685] Effect of resignation or retirement of a judge when there is a pending administrative case against him: 42 Legal Ethics Study Guide Centralized Bar Operations 2007

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may or may not render the administrative complaint moot and academic. Each case will be determined according to its surrounding circumstances. According to Pesole vs. Rodriguez [81 SCRA 208] the acceptance by the President of the resignation does not necessarily render the case moot or deprive the SC of the authority to investigate the charges. The court retains its jurisdiction either to pronounce the respondent official innocent of the charges or declare him guilty thereof. A contrary rule will be fraught with injustice and pregnant with dreadful and dangerous implications.
Procedure for the discipline of judges 1. Complaint, in writing and duly sworn to, is filed with the Supreme Court. [Sec. 1] 2. If found meritorious, a copy thereof shall be served on the respondent and he shall be required to comment within 10 days of service. [Sec. 6] 3. Upon filing of respondents comment or expiration of the period upon filing comment, the Supreme Court either refers the matter to the Office of the Court Administrator (OCA) for evaluation, report, and recommendation, or assigns a Justice of the Court of Appeals (if respondent is an RTC judge) or a judge of the RTC (if respondent is a judge of an inferior court) to investigate and hear the charges. [Sec. 7] 4. After hearings, the investigating justice or fudge submits a report of finding of fact, conclusions of law and recommendations to the Supreme Court. [Sec. 8] 5. The Supreme Court takes action as the facts and the law may warrant. [Sec. 9] Proceedings shall be private and confidential but a copy of the decision or resolution of the Court shall be attached to the record of the judge in the Office of the Court Administrator. [Sec. 11] Investigation by the Integrated Bar of the Philippines on judges: Justices and Judges may not be investigated under the grievance procedure in Rule 139-B, sec. 1 of the Revised Rules of Court. Complaints against justices and judges are filed with the Supreme Court, which has administrative supervision over all courts. As a matter of practice, the Supreme Court has assigned complaints against: Municipal or Metropolitan Trial Judges to an Executive Judge of a Regional Trial Court judges of the Regional Trial Court to the Court of Appeals, a member of the Court of Appeals would probably be assigned to a member of the Supreme Court for investigation, report and recommendation. Reinstatement of judge previously disciplined When there is no indication that the judge was inspired by corrupt motives or reprehensible purpose to set the guilty free, he may be reinstated. Factors to be considered: 1. Unsullied name and record of service prior to dismissal; 2. Commitment to avoid situation that spur suspicion of arbitrary conditions; 3. Complainant mellowed down in pushing from his removal; and 4. Length of time when separated from service. INTEGRATED BAR OF THE PHILIPPINES IBP is the national organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court and constituted on May 4, 1973 into a body corporate by PD No. 181. As the official national unification of the entire lawyer population of the Philippines, its requirements of membership and financial support in reasonable amount of every attorney are conditions sine qua non to the practice of law and the retention of his name in the Roll of Attorneys. The IBP Board of Governors is authorized to provide in the by-laws for a grievance procedure for the enforcement and maintenance of discipline among all the members of the IBP, but no action

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involving the suspension or disbarment of a member or the removal of his name from the Roll of Attorneys is effective without the final approval of the Supreme Court. (Sec. 12, Rule 139-A, Rules of Court) Compulsory membership in the IBP vs. lawyers constitutional freedom to associate or his corollary right not to associate: Integration does not make a lawyer a member of any group of which he is already a member. He became a member of the bar when he passed the Bar Examinations. All that integration actually does is to provide an official national organization for the well defined but unorganized and incohesive group of which every lawyer is already a member. [In re Edillon, 84 SCRA 554] Voluntarily termination of membership in the IBP By filing a verified notice to that effect with the Secretary of the IBP who shall immediately bring the matter to the attention of the SC. Forthwith, he shall cease to be a member and his name shall be stricken from the Roll of Attorneys. Effect of failure to pay annual membership dues to the IBP: The failure of any attorney to pay his annual membership dues for 6 months shall warrant suspension of his membership in the IBP and default of such payment for one year shall be a ground for the removal of his name from the Roll of Attorneys. [Sec. 10, Rule 139-A, Rules of Court]. Wanton disregard of the lawful orders of the IBP Commission on Bar Discipline a ground for suspension of a lawyer from the practice of law A lawyer was suspended from the practice of law for one month due to her wanton disregard of the lawful orders of the IBP Commission on Bar Discipline. [Toledo vs. Abalos, A.C. No. 5141, September 29, 1999]

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Essential criteria determinative of engaging in the practice of law:

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Restrictions in the practice of law on: A. Members of the legislature:

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Professional touting is prohibited.

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A lawyer shall avoid testifying in behalf of his client,

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e. Violation of oath of office

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Willful disobedience of any lawful order of a superior court

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