Legal Ethics

L E G A L E T H I C S &
P R A C T I C A L E X E R C I S E S
2005 CENTRALIZED BAR OPERATIONS
MOST FREQUENTLY ASKED BAR QUESTIONS
PRACTICE OF LAW
PRACTICE OF LAW (1985, 1993, 1995, 1996, 1997, 2, 22!
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Generally, to engage in the practice of law is to do any of those acts which are
characteristics of the legal profession. It embraces any activity, in or out of court, which requires
the application of law, legal principle, practice or procedure and calls for legal knowledge, training
and experience. It involves the carrying on of the calling of an attorney, usually for gain, acting in
a representative capacity and rendering service to another. Engaging in the practice of law
presupposes the existence of an attorney-client relationship. ence, where a lawyer undertakes an
activity which requires knowledge of law but involves no attorney-client relationship, such as
teaching law or writing law books or articles, he cannot be said to be engaged in the practice of his
profession as a lawyer.
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A) !he practice of law is basically a privilege because it is limited
to persons of good moral character with special qualifications duly ascertained and certified. !hus,
only those persons are allowed to practice law, who by reason of attainments previously acquired
through education and study, have been recogni"ed by the courts as possessing profound knowledge
of legal science. #ttorneys are the court$s constituency % to aid it in the administration of &ustice.
B) 'ongress under the ()*+ 'onstitution has no power to regulate admission to the ,ar and the
practice of law. -nlike the ()./ and ()+. 'onstitutions, the ()*+ constitution no longer provides
for the power of the legislature to repeal, alter and supplement the rules promulgated by the
0upreme 'ourt. -nder the ()./ 'onstitution, the legislature had the power to repeal or alter the
rules promulgated by the 0upreme 'ourt although the power and the responsibility to admit
members of the bar resides in the 0upreme 'ourt. -nder the ()*+ 'onstitution, however, the
0upreme 'ourt has the exclusive power to promulgate rules concerning the enforcement of rights,
pleadings and practice and procedures of all courts and the admission to the practice of law.
DUTIES OF A LAWYER (1985, 1988, 199<, 2, 2<!
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A) 1irst and foremost among the duties of the lawyer is his duty to the court. !he chief
mission of an attorney is to assist in the administration of &ustice. !o this end, his client$s success
in the case is subordinate. is primary responsibility is to uphold the cause of &ustice.
!hus, the lawyer takes orders from the court and not from his client. !he lawyer must
always maintain respect to the court. e must use respectful language. e must defend the

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College of Law
L E G A L
E T H I C S &
P R A C T I C A L
E X E R C I S E S
dignity and respect to the court. e must also cooperate with the court by being ready with his
case and by being punctual and candid with the court.
B) !he lawyer must maintain harmonious relations with the members of the bar. e must be
candid and courteous with fellow lawyers. e should deal fairly and squarely with others and not
take undue advantage over them. 2o ill-feeling must be entertained by him against the lawyer of
an adverse party. #ccording to the 0upreme 'ourt in People vs. Sesbreno, clients, not the lawyers,
are the litigants so that all personalities between counsel and client should be avoided.
e should also be a respectable member of the I,3 and other bar associations. e must not
encroach upon professional employment. e should not solicit cases and advertise his profession.
C) !he lawyers owes entire devotion to his client, to protect his interest within the bounds of
law and legal ethics. e must be candid with his client and advice him properly if he has no valid
cause of action.
!he lawyer must also maintain absolute trust and not to demand unconscionable attorney$s
fees. e should not reveal information obtained from him given in secrecy. 4ikewise, he should
not purchase the property which is the sub&ect matter of litigation. e should not appear for
conflicting interest.
D) !he attorney$s duties to the public is that he should set an example as a law abiding citi"en
and give due respect to the lawful authorities. e should not instigate unnecessary lawsuits.
5ne important duty of the lawyer especially at this time is to defend cases of indigent
litigants for free. e must take active part in free legal aid services.
PROAIBITED APPEARANCE (199, 1996, 2!
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0ection ( of 6epublic #ct 2o. )(7, as amended, provides that 8it is a condition of the
pension provided for herein that no retiring &ustice or &udge of a court of record or city or
municipal &udge during the time that he is receiving the said pension shall appear before any court
in any civil case wherein the government or any subdivision or instrumentality thereof is the
adverse party or in any criminal case wherein an officer or employee of the government is accused
of an offense committed in relation to his office, or collect any fee for his appearance in any
administrative proceedings to maintain an interest adverse to the Government, national,
provincial, or municipal, or to any of its legally instituted officers.9 Inasmuch as the case being
offered to :ustice ' is a civil case against not only the disco itself, but also against ;ue"on 'ity and
its officials, he will be violating the aforesaid condition if he appears as counsel for the victim$s
parents in the said case.
APPEARANCE OF NONFLAWYERS (1993, 1995, 1996, 1999, 22!
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!he exceptions to the rule that only those who are members of the bar can appear in court
are the following<

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a= In the municipal trial court, a party may conduct his litigation in person or with the aid
of an agent or a friend (Sec. 34, Rule 138).
b= In any other court, a party may conduct his litigation personally (id.), except in
criminal cases for grave felonies where a party must be represented by a counsel.
c= In criminal proceedings before a municipal trial court in a locality where a duly licensed
member of the bar is not available, the court may in its discretion admit or assign a
person, resident of the province of good repute for probity and ability, to aid the
defendant in his defense, although the person assigned is not a duly authori"ed member
of the bar (Sec. 4, Rule 116).
d= #ny official or other person appointed or designated in accordance with the law to
appear for the Government of the 3hilippines shall have all the rights of a duly
authori"ed member of the bar to appear in any case which said government has an
interest, direct or indirect (Sec. 33, Rule 138).
e= # senior law student who is enrolled in a recogni"ed law school$s clinical education
program approved by the 0upreme 'ourt may appear before any court without
compensation, to represent indigent clients accepted by the 4egal 'linic of the law
school (Rule 138-A).
f= 2on-lawyers may appear before the 246' or any 4abor #rbiter if they represent
themselves or their labor organi"ation or members thereof (Art. 222, Lbor !ode).
g= -nder the 'adastral #ct, a non-lawyer can represent a claimant before the cadastral
court (Sec. ", Act 22#").
CAAMPERTOUS CONTRACT (1988, 199, 1999, 2!
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2o, #tty. # may not correctly agree to such an agreement. 0uch an agreement would
constitute a champertous contract which is considered void due to public policy, because it would
make him acquire a stake in the outcome of the litigation which might lead him to place his own
interest above that of the client >$utist vs. %on&les, 182 S!RA 1#1). # champertous contract is
one in which a lawyer undertakes to prosecute a case, and bear all the expenses in connection
therewith without right of reimbursement, and will be paid his fees by way of a portion of the
property or amount that may be recovered, contingent on the success of his efforts. It is different
from a contingent fee contract, which is valid, in which the lawyer will also be paid depending on
the success of his efforts, but he does not undertake to shoulder all the expenses in the case. e
may advance such expenses but always sub&ect to reimbursement by his client.
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2o, because the litigation is already terminated.
FORUM SAOPPIN@ (1991, 1995, 1997, 1998, 22, 23!
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College of Law
L E G A L
E T H I C S &
P R A C T I C A L
E X E R C I S E S
1orum shopping is the improper practice of filing several actions or petitions in the same or
different tribunals arising from the same cause and seeking substantially identical reliefs in the
hope of winning in one of them.
!he possible consequences of forum shopping are<
(. 0ummary dismissal of the multiple petition or complaint?
@. 3enalty for direct contempt of court on the party and his lawyer?
.. 'riminal action for a false certification of non forum shopping?
A. Bisciplinary proceedings for the lawyer concerned. (Sec. #, Rule ' 1""' Rules o( !ivil
Procedure)
PROSECUTORES DUTY (1986, 1992, 21!
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-nder the ordinary rules on trial technique, the prosecutor should not place the eyewitness
on the witness stand.
owever, based on the real mission of a lawyer which is to assist the court in the
administration of &ustice, the prosecutor is bound to present the eyewitness in order that the court
can properly appreciate the evidence and to decide on the real merit of the case.
# public prosecutor is a quasi-&udicial officer. e is the representative not of an ordinary
party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling
as its obligation to govern at all and whose interest, therefore, in a criminal prosecution is not that
it shall win the case but &ustice shall be done. # prosecutor complies with his mission as a lawyer
even if the man he is prosecuting is acquitted in accordance with law and &ustice.
'anon C, 6ule C.7( of the 'ode of 3rofessional 6esponsibility provides that the primary duty
of a lawyer engaged in public prosecution is not to convict but to see that &ustice is done. !he
suppression of facts or the concealment of witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for disciplinary action.
NOTARY PUBLIC (1989, 1995, 1996, 1998!
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(. a. # notary public is empowered to do the following acts<
(. #cknowledgments?
@. 5aths and affirmations?
.. :urats?
A. 0ignature witnessings?
/. 'opy certifications? and
C. #ny other act authori"ed by these 6ules.
b. # notary public is authori"ed to certify the affixing of a signature by thumb or other
mark on an instrument or document presented for notari"ation if<

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(. !he thumb or other mark is affixed in the presence of the notary public and of two
>@= disinterested and unaffected witnesses to the instrument or document?
@. ,oth witnesses sign their own names in addition to the thumb or other mark?
.. !he notary public writes below the thumb or other mark< 8!humb or 5ther Dark
affixed by >name of signatory by mark= in the presence of >names and addresses of
witnesses= and undersigned notary public9, and
A. !he notary public notari"es the signature by thumb or other mark through an
acknowledgment, &urat or signature witnessing.
c. # notary public is authori"ed to sign on behalf of a person who is physically unable to sign or make a mark on an instrument
or document if<
(. !he notary public is directed by the person unable to sign or make a mark to sign
on his behalf?
@. !he signature of the notary public is affixed in the presence of two >@=
disinterested and unaffected witnesses to the instrument or document?
.. ,oth witnesses sign their own names?
A. !he notary public writes below his signature< 80ignature affixed by notary in the
presence of >names and addresses of person and two >@= witnesses=9, and
/. !he notary public notari"es his signature by acknowledgment or &urat
!he duties of a notary public are the following<
1. !o keep a notarial register?
2. !o make the proper entry or entries in his notarial register touching his notarial acts
in the manner required by the law?
3. !o send the copy of the entries to the proper clerk of court within the first (7 days
of the month next following?
4. !o affix to acknowledgments the date of expiration of his commission, as required
by law?
#. !o forward his notarial register, when filled, to the proper clerk of court?
6. !o make report, within a reasonable time, to the proper &udge concerning the
performance of his duties, as may be required by such &udge?
'. !o make the proper notation regarding residence certificates.
@. !he &urisdiction of a notary public in a province shall be co-extensive with the province.
!he &urisdiction of a notary public in the 'ity of Danila shall be co-extensive with said city. 2o
notary shall possess authority to do any notarial act beyond the limits of his &urisdiction.
.. !he notarial commission may be revoked by the Executive :udge of the 6egional !rial 'ourt
who issued the commission or by the 0upreme 'ourt itself for any ground on which an application
for a commission may be denied.
In addition, the Executive :udge may revoke the commission of or impose sanctions upon any
notary public who<
a. 1ails to keep a notarial register?
b. 1ails to make the appropriate entry or entries in his notarial register concerning his
notarial acts?
c. 1ails to send the copy of the entries to the Executive :udge within the first ten >(7=
days of the month following?
d. 1ails to affix to acknowledgments the date of expiration of his commission?
e. 1ails to submit his notarial register, when filled, to the Executive :udge?
f. 1ails to make his report, within a reasonable time, to the Executive :udge concerning
the performance of his duties, as may be required by the :udge?
g. 1ails to require the presence of the principal at the time of the notarial act?
h. 1ails to identify a principal on the basis of personal knowledge or competent evidence?
i. Executes a false or incomplete certificate under 0ection /, 6ule IE?
&. Fnowingly performs or fails to perform any other act prohibited or mandated by these
6ules? and
k. 'ommits any other dereliction or act which in the &udgment of the Executive :udge
constitutes good cause for the revocation of the commission or imposition of
administrative sanction >A.). *o. +2-8-13-S!, Rules on *otril Prctice o( 2++4=.
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L E G A L
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!he document executed by the spouses is immoral and contrary to law. the lawyer who
drafted and notari"ed all said documents committed malpractice and can be disbarred or
suspended. #lthough the principal duty of the notary public is to ascertain the identity of the
parties and the voluntariness of the declaration, it is nevertheless incumbent upon him to guard
against any illegal or immoral agreement, especially so in this case involving marriage, a social
institution which should remain inviolable.
CODE OF PROFESSIONAL RESPONSIBILITY
ADJERTISIN@ (1989, 1993, 199<, 1996, 1997, 1998, 21, 22, 23!
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(. !he ethics of the profession forbids a lawyer to solicit professional employment by
circulars and advertisements. Even indirect advertisements for professional employment offend the
traditions and lower the dignity of the legal profession. !he lawyer may make announcement of
true, honest, fair, dignified and ob&ective information or statement of facts >'anon .=.
@. #tty. Bulcinea$s by-line including the firm name where she belongs is improper because it
is an indirect way of solicitation or is an advertisement of the law firm.
DUTY NOT TO ENCROACA UPON EMPLOYMENT OF A COLLEA@UE (1989, 1997, 21!
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2o. 6ule *.7@, 'anon * of the 'ode of 3rofessional 6esponsibility provides that 8a lawyer
shall not, directly or indirectly, encroach upon the professional employment of another lawyer.9
'anon ) of the 'ode of 3rofessional Ethics is more particular. 8# lawyer should not in any way
communicate upon the sub&ect of the controversy with a party represented by counsel, much less

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should he undertake to negotiate or compromise the matter with him but should deal only with his
counsel.9 In the case if Li-on. vs. Li/, 23# S!RA 414, a lawyer was suspended for negotiating a
compromise agreement directly with the adverse party without the presence and participation of
her counsels.
RESPECT DUE TO TAE COURT (1986, 1987, 1988, 1997!
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# lawyer, like every citi"en, en&oys the right to comment on and critici"e the decision of a
court. #s an officer of the court, a lawyer is expected not only to expose the shortcomings and
indiscretions of courts and &udges, but such right is sub&ect to the limitations that it shall be bon
(ide. It is improper to sub&ect them to abuse and slander, degrade them or destroy public
confidence in them. Doreover, 8a lawyer shall not attribute to a :udge motives not supported by
the record or have no materiality in the case.9 >6ule ((.7A, 'ode of 3rofessional 6esponsibility=
COUNSEL DE OFICIO (1985, 1988, 1989, 199, 1991, 1993, 1996, 2, 21, 22, 2<!
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5ther &ustified grounds for refusal to act as a cousel de o(icio are<
a. !oo many de o(icio cases assigned to the lawyer >People vs. 0en., 4" S!RA 222)1
b. 'onflict of interest >6ule (A.7., '36=?
c. 4awyer is not in a position to carry out the work effectively or competently >supr=?
d. 4awyer is prohibited from practicing law by reason of his public office which prohibits
appearances in court? and
e. 4awyer is preoccupied with too many cases which will spell pre&udice to the new
clients.
Q"#$%&'( N') 16*
A%%.) B) B'(,(D,, , $#;&F/#%&/#- M#%/' M,(&5, 2/,3%&%&'(#/ +,$ , 3,%%5# /,(3+ &( %+#
/#;'%# ;"(&3&2,5&%. '4 C,//,(95,(, N"#:, E3&I,) A# ,%%#(-$ %' +&$ 5,6 '44&3# &( M,(&5, '(
M'(-,.$, T"#$-,.$ ,(- W#-(#$-,.$, ,(- %+# /#$% '4 %+# 6##H +# $2#(-$ &( +&$ 3,%%5# /,(3+
/,&$&(9 +'/$#$)
I( , 3/&;&(,5 3,$# 2#(-&(9 0#4'/# %+# M"(&3&2,5 T/&,5 C'"/% '4 C,//,(95,(, %+# '(5. '%+#/
5&3#($#- ;#;0#/ '4 %+# 0,/ &( %+# 25,3# &$ /#2/#$#(%&(9 %+# 3';25,&(,(%) T+# ,33"$#- &$ ,
-#%#(%&'( 2/&$'(#/) T+# I"-9# 6,(%$ %' #>2#-&%# 2/'3##-&(9$)
,) W+,% ;"$% %+# I"-9# -' %' #>2#-&%# 2/'3##-&(9$8
0) I4 A%%.) B'(,(D, &$ /#G"#$%#- %' ,3% ,$ 3'"($#5 4'/ %+# ,33"$#-, 3'"5- +# '/ $+'"5-
+# /#4"$# 0. $,.&(9 %+,% &( %+# 2/':&(3#, +# 6,(%$ %' -' ('%+&(9 #>3#2% /&-# +'/$#$
,(- 3,$%/,%# 0"55$8 E>25,&()
A($6#/*
a. !he &udge may appoint attorney ,onan"a as counsel de o(icio considering that the
accused is a detention prisoner and therefore it is assumed that he has no financial means of
engaging a paid counsel.
b. !he attorney cannot refuse to be appointed as counsel de o(icio merely on the reason
that he is a semi-retired practicing lawyer. 3recisely one of the reasons for the integration of the

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bar in the 3hilippines is to compel all person who have been admitted to the practice of law in the
3hilippines to perform their duties to assist the courts in the administration of public.
CONFLICT OF INTEREST (1985, 1989, 1991, 1992, 1993, 199<, 1997, 2, 21, 22, 23!
Q"#$%&'( N') 17*
A"#. C';2,(. ,(- D#6#. C'/2'/,%&'( ,/# 0'%+ /#%,&(#/ 35&#(%$ '4 A%%.) A(,;,) A# &$
%+# C'/2'/,%# S#3/#%,/. '4 A"#. C';2,(.) A# /#2/#$#(%$ D#6#. C'/2'/,%&'( &( %+/## 2#(-&(9
5&%&9,%&'( 3,$#$) D#6#. 3'/2'/,%&'( 6,(%$ %' 4&5# , 3&:&5 3,$# ,9,&($% A"#. C';2,(. ,(- +,$
/#G"#$%#- A%%.) A(,;, %' +,(-5# %+# 3,$#)
1) W+,% ,/# %+# '2%&'($ ,:,&5,05# %' A%%.) A(,;,8 E>25,&( .'"/ ,($6#/)
2) I4 .'" 6#/# A%%.) A(,;,, 6+&3+ '2%&'( 6'"5- .'" %,H#8 E>25,&()
A($6#/*
(. !he options available to #tty. #nama are<
a. !o decline to accept the case because to do so will constitute representing
conflicting interests. It is unethical for a lawyer to represent a client in a case
against another client in the said case.
b. !o accept to file the case against uey 'ompany, after full disclosure to both
retained clients and upon their express and written consent. !he written
consent may free him from the charge of representing conflicting interests,
because written consent amounts to a release by the clients of the lawyer$s
obligation not to represent conflicting interests.
@. If I were #tty. #nama, I will choose the first option and inhibit myself in the case as both
entities are my clients. !he conflict of interests between the contending clients may reach such a
point that, notwithstanding their consent to the common representation, the lawyer may be
suspected of disloyalty by one client. is continuing to act in a double capacity strikes deeply in
the foundation of the attorney-client relationship.
NE@LI@ENCE (1986, 1998, 2, 21, 22!
Q"#$%&'( N') 18*
N#(# ,22/',3+#- A%%.) N&5' ,(- ,$H#- +&; &4 &% 6,$ ,5/&9+% %' 0". , 2&#3# '4 5,(- 6+&3+
M,(#(9 6,$ $#55&(9) W+,% 6,$ $+'6( 0. M,(#(9 %' N#(# 6,$ ,( O/&9&(,5 C#/%&4&3,%# '4 T&%5#
6&%+ ;,(. ,(('%,%&'($ ,(- '5- 2,%3+#$, %' 6+&3+ N#(# #>2/#$$#- $"$2&3&'() A'6#:#/, A%%.)
N&5', -#$&/'"$ '4 2"$+&(9 %+/'"9+ 6&%+ %+# %/,($,3%&'( 0#3,"$# '4 %+# +&9+ ('%,/&,5 4##
2/';&$#- %' +&;, %'5- N#(# %+,% %+# %&%5# 6,$ ,5/&9+% ,(- %+,% $+# $+'"5- ('% 6'//. $&(3# +# &$
,( ,%%'/(#. ,(- %+,% +# H(#6 M,(#(9 6#55) A# ('%,/&D#- %+# D##- '4 S,5# ,(- N#(# 2,&-
M,(#(9 P18,)) &% %"/(#- '"% %+,% M,(#(9 +,- 2/#:&'"$5. $'5- %+# $,;# 2/'2#/%. %'
,('%+#/ 2#/$'()
F'/ %+# &(I"$%&3# -'(# %' N#(#, ;,. A%%.) N&5' 0# -&$3&25&(#-8
A($6#/*
Ges. #tty. 2ilo is guilty of gross negligence in protecting the interests of his client. # lawyer
shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall
render him liable >6ule (*.7., 'ode of 3rofessional 6esponsibility=. Horse, 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 *d2. vs, %r.ed, 23' S!RA 2+2, which involves similar facts, the
0upreme 'ourt held that the lawyer 8should have been conscientious in seeing to it that &ustice
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 ,ar.9
ATTORNEYES FEES (1985, 1986,199, 1991, 1998, 21, 22!

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Q"#$%&'( N') 19*
A( ,%%'/(#.F35&#(% /#5,%&'($+&2 $%,/%$ 4/'; %+# ;';#(% %+# ,%%'/(#. &$ #(9,9#- '/
/#%,&(#-)
,) D&$3"$$ 0/&#45. %+# -&44#/#(% %.2#$ '4 4## ,//,(9#;#(%$ ,( ,%%'/(#. ;,. #(%#/ &(%'
6&%+ +&$ 35&#(%)
0) I( %+# ,0$#(3# '4 $"3+ , 4## ,//,(9#;#(%, +'6 6'"5- %+# $#/:&3#$ '4 ,( ,%%'/(#. 0#
3';2#($,%#-8 E>25,&()
A($6#/*
a. !he following are the types of fee arrangements<
(. 6etainer$s fee where the lawyer is paid for services for an agreed amount for the
case.
@. !he lawyer agrees to be paid per court appearance.
.. 'ontingent fee where the lawyer is paid for his services depending on the success
of the case. !his applies usually in civil suits for money or property where the
lawyer$s fee is taken from the award granted by the court.
A. Attorne2 de 3(icio. !he attorney is appointed by the court to defend the indigent
litigant in a criminal case. !he client is not bound to pay the attorney for his
services although he may be paid a nominal fee taken from a public fund
appropriated for the purpose.
/. 4egal #id. !he attorney renders legal services for those who could not afford to
engage the services of paid counsel.
C. 4untu/ /eruit bsis. If there is no specific contract between the lawyer and the
client, the lawyer is paid on quantum meruit basis, that is what the lawyer
deserves for his services.
b. In the absence of a fee arrangement, the lawyer is paid on a quantum meruit basis. !he
factors to be taken into consideration in determining the amount are<
(. !he amount and character of the services rendered?
@. !he labor, time and trouble involved?
.. !he nature and importance of the litigation or business in which the services were
rendered?
A. !he amount of money or the value of he property affected by the controversy
involved in the employment?
/. !he skill and experience called for in the performance of the services?
C. !he professional character and social standing of attorney?
+. !he result secured? and
*. Hhether or not the fee is absolute or contingent. >0el.do vs. del R/, 43 P5il.
4""1 Pnis vs. 6n.co, #2 P5il. 4"")
ATTORNEYFCLIENT RELATIONSAIP (1989, 1993, 1999!
Q"#$%&'( N') 2*
1) D&$3"$$ 0/&#45. .'"/ "(-#/$%,(-&(9 '4 %+# /#5,%&'($+&2 0#%6##( ,( ,%%'/(#. ,(- +&$
35&#(%)
2) A'6 &$ $"3+ , /#5,%&'($+&2 3/#,%#-8 E>25,&( .'"/ ,($6#/)
A($6#/*
(. !he relationship between an attorney and client is fiduciary, confidential and personal.
,y virtue thereof, the lawyer owes fidelity to the cause of his client and he shall be mindful of the
trust and confidence reposed in him.
@. !he attorney and client relationship is created by implied or express contract. !he
relationship is also created if he is a court appointed counsel.
RI@ATS OF CLIENTS TO DISMISS COUNSEL (1987, 1989, 199<, 1997, 1998, 2, 21!
Q"#$%&'( N') 21*
1) D'#$ %+# 35&#(% +,:# %+# /&9+% %' -&$;&$$ +&$ 5,6.#/ ,% ,(. %&;#8 E>25,&( .'"/
,($6#/)

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2) D'#$ %+# 35&#(% +,:# %+# /&9+% %' +&/# ,('%+#/ 5,6.#/ ,$ 3'55,0'/,%&(9 3'"($#5 ,% ,(.
%&;#8 E>25,&( .'"/ ,($6#/)
3) W+#( 3,( , 5,6.#/ :,5&-5. 6&%+-/,6 ,$ 3'"($#58 E>25,&( .'"/ ,($6#/)
A($6#/*
(. Ges, the client has the right to dismiss his lawyer anytime with or without cause. !he
reason is that a lawyer$s employment is strictly personal and highly confidential in nature. !he
client$s loss of confidence in his lawyer deprives the relation of that special element of trust.
@. Ges, the client has the right to hire another lawyer as collaborating counsel anytime. It is
the prerogative of the client to employ as many attorneys as he may desire to protect his interest.
.. # lawyer can validly withdraw as counsel for good cause and upon notice. 'anon @@, 6ule
@@.7( provides that a lawyer may withdraw his services in any of the following cases<
a. Hhen the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling?
b. Hhen the client insists that the lawyer pursue conduct violative of these canons and
rules?
c. Hhen his inability to work with co-counsel will not promote the best interest of
the client?
d. Hhen the mental and physical condition of the lawyer renders it difficult for him
to carry out the employment effectively?
e. Hhen the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement?
f. Hhen the lawyer is elected or appointed to public office? and
g. 5ther similar cases.
DISBARMENT (1985, 1989, 1996, 1998, 1999, 2, 22!
Q"#$%&'( N') 22*
B#( 4&5#- 2/'3##-&(9$ 4'/ -&$0,/;#(% ,9,&($% +&$ 5,6.#/, A%%.) C', 4'55'6&(9 %+# 5,%%#/E$
3'(:&3%&'( 4'/ #$%,4, 4'/ ;&$,22/'2/&,%&(9 4"(-$ 0#5'(9&(9 %' +&$ 35&#(% (B#(!) W+&5# %+#
2/'3##-&(9$ 4'/ -&$0,/;#(% 6,$ 2#(-&(9, %+# P/#$&-#(% 9/,(%#- ,0$'5"%# 2,/-'( &( 4,:'/ '4
A%%.) C') A%%.) C', %+#(, ;':#- 4'/ %+# -&$;&$$,5 '4 %+# -&$0,/;#(% 3,$#) $+'"5- %+# ;'%&'( 0#
9/,(%#-8
A($6#/*
#n absolute pardon by the 3resident is one that operates to wipe out the conviction as well
as the offense itself. !he grant thereof to a lawyer is a bar to a proceeding for disbarment against
him, if such proceeding is based solely on the fact of such conviction (7n re Prcsion, 6" S!RA
336). ,ut where the proceeding to disbar is founded on the professional misconduct involved in the
transaction which culminated in his conviction, the effect of the pardon is only to relieve him of
the penal consequences of his act and does not operate as a bar to the disbarment proceeding,
inasmuch as the criminal acts may nevertheless constitute proof that the attorney does not possess
good moral character (7n re Lontoc, 43 P5il. 2"3).
Q"#$%&'( N') 23*
A%%.) S,(%&,9' 6,$ -&$0,//#- 0. , /#$'5"%&'( '4 %+# S"2/#;# C'"/%) F&:# .#,/$ 5,%#/,
A%%.) S,(%&,9' 4&5#- , 2#%&%&'( 4'/ /#&($%,%#;#(%, ,55#9&(9 %+,% +# +,- /#4'/;#-, ,(- %+,% +# +,-
0##( $"44&3&#(%5. 2"(&$+#- ,(- -&$3&25&(#-) A'6#:#/, (' ,3%&'( 6,$ %,H#( '( %+# 2#%&%&'() I(
%+# ;#,(%&;#, &( , 2/'3##-&(9 4'/ %+# 2/'0,%# '4 +&$ 4,%+#/E$ 6&55, A%%.) S,(%&,9' 4&5#- , 4'/;,5
'22'$&%&'( '( +&$ '6( 0#+,54 ,(- $'"9+% %' #$%,05&$+ %+,% %+# 6&55 6,$ , 4'/9#/. ,(- %+,% %+#
-#3#,$#- -&#- &(%#$%,%#) A&$ 3'F+#&/$ G"#$%&'(#- +&$ ,22#,/,(3# 3&%&(9 +&$ -&$0,/;#(%) M,.
%+# ,22#,/,(3# '4 A%%.) S,(%&,9' 0# ,55'6#-8 S%,%# .'"/ /#,$'()
A($6#/*

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#tty. 0antiago can properly represent himself as oppositor in the probate of the will of his
father. Hhile he has been disbarred from practice and has not been reinstated to practice law, he
an properly represent himself because representing himself is not practice of law. 6ule (.*,
0ection .A of the 6ules of 'ourt allows an individual litigant to conduct his litigation personally. It
means that he can do everything in the defense of his rights in the said case. !he prohibition
against the practice of law by a layman or a disbarred lawyer is not in conflict with the right if an
individual to defend or prosecute a cause in which he is a party. #n individual has long been
permitted to manage, prosecute and defend his own action, but his representation on his behalf is
not considered to be the practice of law. 5ne does not practice law by acting for himself any more
than he practices medicine by rendering first aid to himself. 1or this reason, an attorney who is
otherwise disqualified to practice law or has been disbarred or suspended from the practice, can
validly prosecute or defend his own litigation, he having as much right as that of a layman in that
regard.
CODE OF BUDICIAL CONDUCT
IMPROPRIETY (199, 1999, 23!
Q"#$%&'( N') 2<*
B"-9# A 6#(% %' A'(9 K'(9 '( :,3,%&'( '( 0',/- , P+&5&22&(# A&/5&(#$ 25,(# ,(- +#
$%,.#- &( , 4&/$% 35,$$ +'%#5 4'/ %+/## -,.$ ,(- %+/## (&9+%$) T+# /'"(- %/&2 %&3H#% M,(&5,F
A'(9H'(9FM,(&5, ,(- 0',/- ,(- 5'-9&(9 &( %+# +'%#5 6+#/# +# $%,.#- 6#/# 2,&- 4'/ ,$ ,
0&/%+-,. 9&4% %' %+# B"-9# 0. , 4/&#(- 6+'$# $'( +,$ , 3,$# 4'/ #$%,4, 2#(-&(9 &( ,('%+#/ B/,(3+
'4 %+# C'"/% 6+#/# B"-9# A &$ ,$$&9(#-) D&- B"-9# A 3';;&% ,(. &(4/,3%&'( '4 %+# C'-# '4
B"-&3&,5 C'(-"3% "(-#/ %+# 3&/3";$%,(3#$8
A($6#/*
Ges. e violated 'anon /, 6ule /.7A of the 'ode of :udicial 'onduct which provides that a
&udge or any immediate member of the family shall not accept a gift, bequest, favor or loan from
anyone except as may be allowed by law. also, 'anon @ of the same 'ode provides that a &udge
should avoid impropriety and the appearance of impropriety in all activities. #ccepting a birthday
gift of a vacation in ong Fong from a friend whose son has a case for estafa pending in another
branch of the court where :udge # is assigned raises a suspicion of impropriety on his part. !he fact
that the case is pending in another branch is immaterial because he could be suspected of having
been bribed to influence the presiding &udge of the other branch. # &udge shall refrain from
influencing in any manner the outcome of litigation or dispute pending before another court or
administrative agency (Rule 2.+4, !ode o( 8udicil !onduct).
UNDUE INTERFERENCE (1987, 1996, 21, 22, 23!
Q"#$%&'( N') 25*
W+&5# M$) M,5";,(,. , 6&%(#$$ 4'/ %+# 25,&(%&44, 6,$ "(-#/ 3/'$$F#>,;&(,%&'(, B"-9#
M,"$&$, ,$H#- G"#$%&'($ ,5%#/(,%#5. 6&%+ %+# 3'"($#5 4'/ %+# -#4#(-,(%) A4%#/ 4'"/ G"#$%&'($ 0.
%+# I"-9#, %+# 25,&(%&44E$ 3'"($#5 ;':#- %+,% %+# I"-9# /#4/,&( 4/'; ,$H&(9 4"/%+#/ G"#$%&'($
6+&3+ %#(-#- %' 4,:'/ %+# -#4#($# ,(- 5#,:# %+# #>,;&(,%&'( '4 %+# 6&%(#$$ %' %+# -#4#(-,(%E$
3'"($#5, 6+' 6,$ , (#6 5,6.#/) T+# I"-9# #>25,&(#- %+,% +# 6,$ #(%&%5#- %' ,$H $#,/3+&(9
G"#$%&'($)
A) I$ %+# ;'%&'( %#(,05#8 W+.8
B) C,( %+# I"-9# I"$%&4. +&$ &(%#/:#(%&'(8 A'68
A($6#/*
#. It depends. 6ule ..7C of the code of :udicial 'onduct provides that while a &udge may, to
promote &ustice, prevent waste of time or clear up some obscurity, properly intervene in the

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presentation of evidence during the trial, it should always be borne in mind that undue
interference may prevent the proper presentation of the cause or the ascertainment of truth. !hus,
if in asking four questions alternately with counsel for the defendant, :udge Dausisa was only trying
to clear up some obscurity, he cannot be accused of undue interference. ,ut if his 8searching
questions9 were such as to give the impression that he was already acting as a counsel for the
defendant, his conduct is improper.
,. !he &udge can &ustify his intervention on any of the grounds mentioned by the rule,
namely, to promote &ustice, avoid waste of time, or clear up some obscurity.
INAIBITION (1985, 1986, 1989, 1991, 199<, 1996, 1997!
Q"#$%&'( N') 26*
1) D&$3"$$ 0/&#45. %+# 9/'"(-$ 4'/ -&$G",5&4&3,%&'( '/ &(+&0&%&'( '4 I"-9#$ %' %/. , 3,$#)
2) A I"-9# /#(-#/#- , -#3&$&'( &( , 3/&;&(,5 3,$# 4&(-&(9 %+# ,33"$#- 9"&5%. '4 #$%,4,)
C'"($#5 4'/ %+# ,33"$#- 4&5#- , ;'%&'( 4'/ /#3'($&-#/,%&'( 6+&3+ 6,$ $"0;&%%#- 6&%+'"%
,/9";#(%$) L,%#/, ,('%+#/ 5,6.#/ #(%#/#- +&$ ,22#,/,(3# 4'/ %+# ,33"$#-) T+# I"-9# &$$"#- ,(
'/-#/ &(+&0&%&(9 +&;$#54 4/'; 4"/%+#/ $&%%&(9 &( %+# 3,$# 0#3,"$# %+# 5,%%#/ 5,6.#/ +,- 0##(
,;'(9 %+'$# 6+' /#3';;#(-#- +&; %' %+# B#(3+) C,( %+# I"-9#E$ :'5"(%,/. &(+&0&%&'( 0#
$"$%,&(#-8
A($6#/*
(. -nder 6ule (.+ 0ection ( of the 6ules of 'ourt, a &udge is disqualified to sit in every case
in which he, or his wife or child, is pecuniarily interested as heirs, legatee, creditor, or otherwise,
or in which he is related to either party within the sixth degree of consanguinity or affinity, or to
counsel within the fourth degree computed according to the rules of civil law or in which he has
been executor, administrator, guardian, trustee or counsel, or in which he has presided in any
inferior court when his ruling or decision is the sub&ect of review, without the written consent of all
parties in interest, signed by them and entered upon the record. !his rule enumerates the grounds
under which a &udge is legally disqualified from sitting in a case, and excludes all other grounds not
specified therein. !he &udge may, however, in the exercise of his sound discretion, disqualify
himself from sitting in a case, for &ust or valid reasons other than those mentioned above.
-nder said rule, the &udge may voluntarily inhibit himself from sitting in a case, for &ust
and valid reasons other than those mentioned in the rule.
@. !he &udge may not voluntarily inhibit himself by the mere fact that a lawyer
recommended him to the ,ench. In fact, the appearance of said lawyer is a test as to whether the
&udge can act independently and courageously in deciding the case according to his conscience.
8Inhibition is not allowed at every instance that a friend, classmate, associate or patron of a
presiding &udge appears before him as counsel for one of the parties to a case. 8-tang na loob9,
per se, should not be a hindrance to the administration of &ustice. 2or should recognition of such
value in 3hilippine society prevent the performance of one$s duties as &udge, x x x9. owever, in
order to avoid any suspicion of partiality, it is better for the &udge to voluntarily inhibit himself.
EKTRAFBUDICIAL ACTIJITIES (1987, 199, 1997, 2, 22!
Q"#$%&'( N') 27*
T+# 4,;&5. '4 B"-9# M,%/,0,+' '6($ , $;,55 -#2,/%;#(% $%'/#) W&%+ +&$ H('65#-9#, ,(
#;25'.## '4 %+# $%'/# 2'$%#- '( %+# 0"55#%&( 0',/- '4 +&$ 3'"/% ,( ,- 4'/ I'0 '2#(&(9$
&(4'/;&(9 %+# 2"05&3 %+,% ,225&3,%&'($ ;"$% 0# 4&5#- &( %+# '44&3# '4 %+# I"-9#) F'/ %+&$ 2"/2'$#,
%+# ,225&3,(%$ 6'"5- ,5$' 0# &(%#/:&#6#- %+#/#&() I$ %+# I"-9# 5&,05# 4'/ ;&$3'(-"3%8 E>25,&()
A($6#/*
!he &udge is liable for misconduct. In the case of 0ionisio vs. 9scno 3+2 S!RA 411 (1"""),
the 0upreme 'ourt held that the acts of posting advertisements for restaurant personnel on the
court bulletin board, using his court address to receive applications, and of screening applicants in

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his court, constitute involvement in private business and improper use of court facilities for the
promotion of family business in violation of the 'ode of :udicial 'onduct. !he restriction enshrined
in 6ules /.7@ and /.7. of the 'ode of :udicial 'onduct on the &udges with regard to their own
business interests is based on the possible interference which may be created by these business
involvements in the exercise of their &udicial duties which tend to corrode the respect and dignity
of the courts as the bastion of &ustice. :udges must not allow themselves to be distracted from the
performance of their &udicial tasks by other lawful enterprises.
CONTEMPT (1986, 1989, 1993, 1998, 2!
Q"#$%&'( N') 28*
W+&5# B"-9# T"2,/&( 6,$ &( +&$ 3+,;0#/$ -&3%,%&(9 ,( '/-#/ %' , $%#('9/,2+#/, %6'
5,6.#/$ 6+' 6#/# &( %+# 3'"/%/''; 6,&%&(9 4'/ %+# $%,/% '4 %+# $#$$&'( ,5;'$% 3,;# %' 05'6$ ,$
, /#$"5% '4 , +#,%#- ,/9";#(%) T"2,/&( 3,;# '"% '4 +&$ 3+,;0#/$ ,(- ,4%#/ &-#(%&4.&(9 %+#
5,6.#/$ &(:'5:#- &( %+# 3';;'%&'( 2/';2%5. -#35,/#- %+#; &( 3'(%#;2% '4 3'"/%) W,$ %+#
,3%&'( '4 B"-9# T"2,/&( 2/'2#/8 E>25,&()
A($6#/*
!he action of :udge !uparin in promptly declaring the two lawyers in contempt of court was
improper. !he act committed by the two lawyers was indirect contempt violative of the rule
punishing 8any improper conduct tending directly or indirectly , to impede, obstruct, or degrade
the administration of &ustice9, since the &udge was then engaged in dictating an order before the
morning session was called.
!he act of the two lawyers constituted obstruction of the administration of &ustice, which
was indirect contempt. #ccordingly, they could only be punished after notice and hearing.
REMITTAL OF DISQUALIFICATION
Q"#$%&'( N') 29*
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A($6#/*
#s provided under 6ule ..(. of the 6ules of 'ourt, remittal of disqualification means that a
&udge disqualified to in a proceeding may, instead of withdrawing from the proceeding, disclose on
the record the basis of the disqualification. If, based on such disclosure, the parties and lawyers
independently of the &udge$s participation, all agree in writing that the reason for the inhibition is
immaterial or insubstantial, the &udge may then participate in the proceeding. !he agreement,
signed by all parties and lawyers, shall be Incorporated in the record of the proceeding.
BAR TYPE QUESTIONS
PRACTICE OF LAW
NOTARY PUBLIC
A#3H 4&5#- , 3';25,&(% 2/,.&(9 4'/ %+# -&$0,/;#(% '4 /#%&/#- B"-9# S,(%'$) I% 6,$ ,55#9#- %+,%
B"-9# S,(%'$, 2/&'/ %' +&$ ,22'&(%;#(% ,$ RTC I"-9#, ('%,/&D#- -'3";#(%$ 6&%+'"% %+#
/#G"&$&%# ('%,/&,5 3';;&$$&'( %+#/#4'/) S+'"5- , /#%&/#- I"-9# 3+,/9#- 6&%+ ('%,/&D&(9
-'3";#(%$ 6&%+'"% %+# /#G"&$&%# ('%,/&,5 3';;&$$&'( ;'/# %+,( %6#(%. .#,/$ ,9' 0#
-&$3&25&(#- 4'/ $"3+ -#5&(G"#(3.8

YES) It is settled that a &udge may be disciplined for acts committed prior to his
appointment to the &udiciary. #lthough the &udge has already retired from the &udiciary, he is still
considered as a member of the bar and as such, is not immune to the disciplining arm of the
0upreme 'ourt. !he fact that a &udge has retired or has otherwise been separated from the service
does not necessarily divest the 'ourt of its &urisdiction to determine the veracity of the allegations

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of the complaint, pursuant to its disciplinary authority over members of the bench. #n
administrative complaint against an erring lawyer who was thereafter appointed as a &udge, albeit
filed only twenty-four years after the offending act was committed, is not barred by prescription. It
is the duty of this 'ourt to protect the integrity of the practice of law as well as the administration
of &ustice. 2o matter how much time has elapsed from the time of the commission of the act
complained of and the time of the institution of the complaint, erring members of the bench and
bar cannot escape the disciplining arm of the 'ourt. #ccordingly, it must be remembered that
notari"ation is invested with public interest, such that only those who are qualified or authori"ed
may act as notaries public. !he 'ourt has characteri"ed a lawyerIs act of notari"ing documents
without the requisite commission therefore as Jreprehensible, constituting as it does not only
constitute malpractice, but also the crime of falsification of public documents.J 1or such
reprehensible conduct, the 'ourt has sanctioned erring lawyers by suspension from the practice of
law, revocation of the notarial commission and disqualification from acting as such, and even
disbarment. !ime and again, we have stressed the settled principle that the practice of law is not
a right but a privilege bestowed by the 0tate on those who show that they possess the qualifications
required by law for the conferment of such privilege. 3ossession of good moral character is not only
a prerequisite to admission to the bar but also a continuing requirement to the practice of law. #
high sense of morality, honesty, and fair dealing is expected and required of a member of the bar.
,y his actuations, :udge 0antos failed to live up to such standards? he undermined the confidence
of the public on notarial documents and thereby breached 'anon I of the '36, which requires
lawyers to uphold the 'onstitution, obey the laws of the land and promote respect for the law and
legal processes. (HEINZ R. HECK vs. JUDGE ANTHONY E. SANTOS, REGIONAL TRIAL COURT,
BRANCH !, CAGAYAN DE ORO CITY "A.#. No. RTJ$%$&'(. )e*+,-+. /0, /%%1.23
DUTY OF A SAERIFF
D,9";,( &$ , $2#3&,5 ,$$&$%,(% '4 %+# S2'"$#$ O$3,/ M,/%&( ,(- M#/3#-#$ Y:#%%# L'2#D ,(- &$
,"%+'/&D#- %' /#2/#$#(% ,(- ,%%#(- %+# ,"3%&'( $,5# '4 %+#&/ 2/'2#/%.) T+# ,"3%&'( 6,$ %' 0#
+#5- ,% 1* ,);) '( A"9"$% 28, 22, ,% %+# M"(%&(5"2, C&%. A,55 Q",-/,(95#, N,%&'(,5 R',-,
P"%,%,(, C&%. '4 M"(%&(5"2,) D,9";,( /#2'/%#- %' %+# O44&3# '4 %+# C5#/H '4 C'"/% '4 %+# RTC '4
M"(%&(5"2, C&%., 6+&5# S+#/&44 B,9,0,5-' ,//&:#- ,% +&$ '44&3# ,% ,0'"% 11*< ,);) T+# $+#/&44
,$$"/#- D,9";,( %+,% %+# ,"3%&'( $,5# 6'"5- 0# 3'(-"3%#- ,4%#/ %+# 5"(3+ 0/#,H, "2'( %+#
,//&:,5 '4 %+# ;'/%9,9##L$ /#2/#$#(%,%&:#) D,9";,( %+#( /#%"/(#- %' %+# $+#/&44L$ '44&3# ,% 1*5
2);), ,(-, %' +&$ $"/2/&$#, %+# 5,%%#/ &(4'/;#- +&; %+,% %+# ,"3%&'( $,5# +,- ,5/#,-. 0##(
3'(-"3%#- ,% 12*2 2);) T+# $+#/&44 $+'6#- +&; %+# ;&("%#$ '4 %+# ,"3%&'( $,5# &(-&3,%&(9 %+,%
%+# $"0I#3% 2/'2#/%. 6,$ M$'5-M %' DBS B,(H '4 %+# P+&5&22&(#$, I(3) A 3';25,&(% 4'/ -#/#5&3%&'(
'4 -"%. 6,$ 4&5#- ,9,&($% %+# $+#/&44) S+'"5- %+# $+#/&44 0# +#5- 9"&5%. '4 -#/#5&3%&'( '4 -"%.8
YES) ,y his actuations, the sheriff displayed conduct short of the stringent standards
required of court employees. e is guilty of simple neglect of duty, which has been defined as the
failure of an employee to give oneIs attention to a task expected of him, and signifies a disregard of
a duty resulting from carelessness or indifference. 0heriffs play an important role in the
administration of &ustice and as agents of the law, high standards are expected of them. !he sheriff
should be reminded that as an officer of the court, he should at all times show a high degree of
professionalism in the performance of his duties. !he imperative and sacred duty of each and
everyone in the court is to maintain its good name and standing as a temple of &ustice. !he 'ourt
condemns and would never countenance any conduct, act or omission on the part of all those
involved in the administration of &ustice, which would violate the norm of public accountability and
diminish or even &ust tend to diminish the faith of the people in the &udiciary. (RENATO #.
DAGU#AN vs. #EL4IN T. BAGABALDO "A.#. No. 5$%1$(!!. #-+c6 0, /%%1.23
A ('%&3# %' :,3,%# 6,$ &$$"#- 0. S+#/&44 A;'/,(%' /#9,/-&(9 , 6/&% '4 #>#3"%&'( %+,% 6,$ &$$"#-
0. , I"-9#) T+#/#,4%#/, %+# '/-#/ 6,$ #(4'/3#-, +'6#:#/, %+# $"0I#3% #I#3%;#(% 6,$ ,3%",55.

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,(- &55#9,55. #>#3"%#- ,% , -&44#/#(% 2/#;&$# %+,( %+,% /#4#//#- %' &( %+# '/-#/) S+'"5- %+#
$+#/&44 0# +#5- 5&,05# 4'/ (#95&9#(3#8
YES) !he unfortunate incident could have been avoided had the sheriff observed due care
and diligence in ascertaining the exact location of the property sub&ect of the execution. !he
sheriff is a ranking officer of the court, a public official entrusted with a fiduciary role. e plays an
important part in the administration of &ustice and is called upon to discharge his duties with
integrity, due care and circumspection. #nything less is unacceptable. !his is because in serving the
courtIs writs and processes and in implementing the orders of the court, sheriffs cannot afford to
err without affecting the efficiency of the process of the administration of &ustice. Good faith on
the part of the sheriff, or lack of it, in proceeding to properly execute his mandate would be of no
moment, for he is chargeable with the knowledge that being an officer of the court tasked
therefore, it behooves him to make due compliances. is duty in the execution of a writ is purely
ministerial? he is to execute the order of the court strictly to the letter. (ANDY LOBREGAT vs.
CENEN L. A#ORANTO, SHERI)) III, BRANCH 0&, #eTC, 7UEZON CITY "A.#. No. 5$%1$(8.
)e*+,-+. 8, /%%1.23
N'%&3#$ %' :,3,%# 6#/# $#/:#- %' /#$&-#(%$ '4 S,( I$&-/', M,H,%& 0. S+#/&44$ C,;2'$,(' ,(-
A35#) A 4#6 -,.$ %+#/#,4%#/, %+# $+#/&44$ %'9#%+#/ 6&%+ 2'5&3# #$3'/%$ ,(- , -#;'5&%&'( %#,;
6#(% %' %+# 0,/,(9,. %' &;25#;#(% %+# -#;'5&%&'( '/-#/) T+# -#;'5&%&'( 6,$ ('% &;25#;#(%#-
-"# %' %+# $%/'(9 /#$&$%,(3# 2"% "2 0. %+# ,44#3%#- /#$&-#(%$, &(35"-&(9 %+# E0#/'$) A +#,%#-
,/9";#(% #($"#-) I( %+# 3'"/$# '4 %+# ,/9";#(%, %+# $+#/&44$ '/-#/#- %+# 2'5&3# #$3'/%$ %'
25,3# %+# E0#/'$ &($&-# %+# 2,%/'5 :#+&35# ,(- 0/&(9 %+#; %' M,H,%& P'5&3# S%,%&'() A 3';25,&(%
4'/ '0$%/"3%&'( '4 I"$%&3# 6#/# 4&5#- ,9,&($% %+# E0#/'$ ,(- %+#. 6#/# -#%,&(#- ,(- 6#/#
/#5#,$#- '(5. 6+#( %+# 3+,/9# '4 '0$%/"3%&'( '4 I"$%&3# 6,$ -&$;&$$#- 0. %+# &(G"#$%
2/'$#3"%'/) T+# E0#/'$ %+#( 4&5#- ,( ,-;&(&$%/,%&:# 3';25,&(% ,9,&($% %+# $+#/&44$) S+'"5- %+#
$+#/&44$ 0# +#5- 5&,05# #:#( &4 (' ,-#G",%# #:&-#(3# 6,$ 2/#$#(%#- 0. %+# E0#/'$8

NO) !he quantum of proof necessary for a finding of guilt is substantial evidence or such
relevant evidence as a reasonable mind may accept as adequate to support a conclusion. !he
presumption of regularity in the performance by the sheriffs of their duties must prevail.
#llegations of the Eberos are not supported by those of another witness? neither are the
contentions of respondents corroborated by those of another witness. In other words, the evidence
on record deals only with the word of complainants to be pitted against that of respondents.
0heriffIs duty to execute a &udgment is ministerial. In the implementation of writs of demolition, as
in the instant case, the sheriffs are mandated to use reasonable and necessary force to see that the
&udgment debtors vacate the premises. (INOCENCIO D. EBERO -9d JUANITO D. EBERO vs. #AKATI
CITY SHERI))S RAUL T. CA#5OSANO -9d BAYANI T. ACLE "A.#. No. 5$%1$(!/. #-+c6 /,
/%%123
ADMINISTRATIJE CASE? DESISTANCE OF COMPLAINANT
@"&(%' 4&5#- ,( #5#3%&'( 3,$# ,9,&($% M,(5,$%,$ 6+&3+ /#G"&/#$ %+# /#:&$&'( '4 , (";0#/ '4
0,55'% 0'>#$) B"-9# F5'/#$ 6+' &$ +,(-5&(9 %+# 3,$# ,22'&(%#- , /#:&$&'( 3';;&%%## 6+&3+
%+#/#,4%#/ $"0;&%%#- &%$ /#2'/% %' %+# 3'"/%) B"-9# F5'/#$ %+#( &$$"#- ,( O/-#/ -#35,/&(9 %+#
3,$# $"0;&%%#- 4'/ -#3&$&'( -#$2&%# M,(,5,$%,$E '0I#3%&'($ ,(- -#;,(-$ 4'/ , +#,/&(9) A
3';25,&(% 6,$ %+#/#,4%#/ 4&5#- ,9,&($% B"-9# F5'/#$) T+#/#,4%#/, %+# 3';25,&(,(% 6&%+-/#6 +&$
3';25,&(%) S+'"5- B"-9# F5'/#$ 0# +#5- ,-;&(&$%/,%&:#5. 5&,05# #:#( &4 %+# 3';25,&(,(% ,5/#,-.
6&%+-/#6 +&$ 3';25,&(%8
YES, :udge 1lores is administratively liable. !he withdrawal of the complaint or the
execution of an affidavit of desistance does not automatically result in the dismissal of an
administrative case. !o condition as administrative action upon the will of the complainant, who
for one reason or another, condones a detestable act, would be to strip this 'ourt of its power to
supervise and discipline erring members of the &udiciary. !he withdrawal of the complaints cannot
divest the 'ourt of its &urisdiction nor deprive of its power to determine the veracity of the charges
made and to discipline, such as the results of its investigation may warrant, an erring respondent .
(#ANALASTAS 4S. JUDGE )LORES "A.#. No. #TJ$%1$'/0. )e*. %&, /%%1.23

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D'#$ %+# -&$;&$$,5 '/ 6&%+-/,6,5 '4 3+,/9#$ ,(- %+# -#$&$%,(3# '4 6&%(#$$#$ ,"%';,%&3,55.
/#$"5% &( %+# -&$;&$$,5 '4 ,( ,-;&(&$%/,%&:# 3,$#8
NO) !he withdrawal of the complaint does not have the legal effect of automatically
exonerating the respondent from any administrative disciplinary action. It does not operate to
divest this 'ourt with &urisdiction to determine the truth behind the matter stated in the
complaint. 1urthermore, the need to maintain the faith and confidence of the people in the
government and its agencies and instrumentalities should not be made to depend on the whims and
caprices of the complainants who are, in a real sense, only witnesses therein. (ARTE#IO SABATIN
vs. JUDGE E)REN B. #ALLARE "A.#. No. #TJ$%1$'0(. #-+c6 /', /%%1.23
ADMINISTRATIJE CASE? BURDEN OF PROOF
M'(%#$ &$ %+# ,33"$#- &( , 3/&;&(,5 3,$# 4'/ #$%,4, 6+&3+ &$ 0#&(9 +#,/- 0. B"-9# M,55,/#)
M'(%#$ %+#( 4&5#- , 3';25,&(% ,9,&($% B"-9# M,55,/# 4'/ ,55#9#-5. 3'($2&/&(9 6&%+ %+#
3';25,&(,(% &( %+# 3/&;&(,5 3,$# &( +,:&(9 +&; ,//#$%#- ,(- I,&5#-) T+# 3';25,&(% 4&5#- 0.
M'(%#$ 6,$ /#4#//#- %' ,( #>#3"%&:# I"-9# 4'/ &(:#$%&9,%&'(, /#2'/% ,(- /#3';;#(-,%&'() T+#
3,$# 6,$ $3+#-"5#- 4'/ +#,/&(9 0"% %+# ('%&3# %+#/#'4 %' M'(%#$ 6,$ /#%"/(#- "($#/:#-)
A33'/-&(9 %' %+# S+#/&44, M'(%#$ 3+,(9#- /#$&-#(3# 6&%+'"% 5#,:&(9 , 4'/6,/-&(9 ,--/#$$) T+#
+#,/&(9 '4 %+# 3,$# 6,$ /#$#% %' ,('%+#/ -,%# 0"% M'(%#$ ,9,&( 4,&5#- %' ,22#,/) T+# E>#3"%&:#
B"-9# /#3';;#(-#- %+,% ,$ %+# 3';25,&(,(% 2/#$#(%#- (' #:&-#(3# ,% ,55 %' $"0$%,(%&,%# %+#
3+,/9#$ ,9,&($% B"-9# M,55,/#, %+# 3';25,&(% $+'"5- 0# -&$;&$$#- 4'/ 5,3H '4 #:&-#(3#)
T+#/#,4%#/, %+# O44&3# '4 %+# C'"/% A-;&(&$%/,%'/ /#3#&:#- , 5#%%#/ 4/'; M'(%#$ /#G"#$%&(9 %+,%
%+# E>#3"%&:# B"-9# 0# -&$3+,/9#- ,$ %+# &(:#$%&9,%&(9 '44&3#/ '( %+# ,:#/;#(% %+,% +# 5&H#6&$#
&($%&%"%#- , 3';25,&(% ,9,&($% %+# E>#3"%&:# B"-9# 0"% &% 6,$ -&$;&$$#-) I$ %+#/# ;#/&% &( %+#
3';25,&(%8
NONE) It must be stressed that in administrative proceedings, the complainant has the
burden of proving the allegations in his complaint with substantial evidence. In the absence of
evidence to the contrary, the presumption that the respondent has regularly performed his duties
will prevail. Even in administrative cases, if a respondent &udge should be disciplined for a grave
offense, the evidence against him should be competent and should be derived from direct
knowledge. In this case, the complainant failed to substantiate the charges he made against the
respondent &udge, let alone appear before the investigating magistrate to prove his allegations.
Hhile it is our duty to investigate and determine the truth behind every matter in complaints
against &udges and other court personnel, it is also our duty to see to it that they are protected and
exonerated from baseless administrative charges. !he 'ourt will not shirk from its responsibility of
imposing discipline upon its magistrates, but neither will it hesitate to shield them from unfounded
suits that serve to disrupt rather than promote the orderly administration of &ustice. >#ONTES 4S.
JUDGE #ALLARE "A.#. NO. #TJ$%1$'/8. )e*. %&, /%%123
CODE OF PROFESSIONAL RESPONSIBILTY
CONFLICT OF INTEREST
A%%.) S'/$'9'( 6,$ N,:,E$ 3'"($#5 4'/ ;,(. .#,/$ 0"% -"# %' %+# 5,6.#/E$ +#,5%+ 3'(-&%&'(, +#
6&%+-/#6 ,$ +#/ 3'"($#5) A'6#:#/, A%%.) S'/$'9'( ,55#9#-5. /#2/#$#(%#- ,('%+#/ 35&#(% &( ,
3,$# ,9,&($% N,:,) A%%.) S'/$'9'( &$ &($&$%&(9 %+,% %+# ,%%'/(#.F35&#(% /#5,%&'($+&2 0#%6##( +&;
,(- N,:, +,- 3#,$#- ,(- %+,% +&$ +#,5%+ &(3,2,3&%,%#- +&; 4/'; 4"/%+#/ 2#/4'/;&(9 +&$
'05&9,%&'($) S+'"5- A%%.) S'/$'9'( 0# +#5- 5&,05# 4'/ :&'5,%&(9 %+# C'-# '4 P/'4#$$&'(,5
R#$2'($&0&5&%. 0. /#2/#$#(%&(9 35&#(%$ 6&%+ 3'(45&3%&(9 &(%#/#$%$ #:#( &4 (' 4'/;,5 &(:#$%&9,%&'(
6,$ ;,- 0. %+# IBP8

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YES. #t the time respondent accepted his engagement as counsel for another client and
filed a case against the complainant, he was still acting as counsel for the latter in a number of
cases. In complaints for disbarment, a formal investigation is a mandatory requirement. !he 'ourt
may dispense with the normal referral to the Integrated ,ar of the 3hilippines if the records are
complete and the question raised is simple. 0imilarly, if no further factual determination is
necessary, the 'ourt may decide the case on the basis of the extensive pleadings on record.
'omplaints against lawyers for misconduct are normally addressed to the 'ourt. If, at the outset,
the 'ourt finds a complaint to be clearly wanting in merit, it outrightly dismisses the case. If,
however, the 'ourt deems it necessary that further inquiry should be made, such as when the
matter could not be resolved by merely evaluating the pleadings submitted, a referral is made to
the I,3 for a formal investigation of the case during which the parties are accorded an opportunity
to be heard. (#ERCEDES NA4A vs. ATTY. BENJA#IN 5. SORSOGON "A.C. No. '11/. J-9,-+. /&,
/%%123
ATTORNEYES FEES
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F,(9#-) T+# ,;'"(% 2,&- 0. %+# 4'/;#/ 6,$ /#3#&:#- 0. E5&D, F,(9#- ,(- -#2'$&%#- &( %+#
,33'"(% '4 A%%.) A/%#;&' B"$%,;,(%#, %+#( 3'"($#5 4'/ %+# 5,%%#/) I% 6,$ 4'"(- '"% 5,%#/ 0.
M,5#3-,( %+,% %+# 5,(- &$ $"0I#3% %' , 3'(%/':#/$.) W+#( A%%.) B"$%,;,(%# /#4"$#- %' /#5#,$#
%+# 2/'3##-$ '4 %+# $,5# %' E5&D, F,(9#-, %+# 5,%%#/, %+/'"9+ +#/ (#6 3'"($#5 /#$2'(-#(% A%%.)
K'55&(, 4&5#- , 3';25,&(% 4'/ /#$3&$$&'( '4 3'(%/,3%) A 3';2/';&$# ,9/##;#(% 6,$ %+#( #>#3"%#-
6+#/#&( M,5#3-,( 6,$ ('% , $&9(,%'/. ,$ $+# 6,$ &( %+# U(&%#- S%,%#$ ,% %+# %&;#) T+# ;'(#.
6,$ %+#( %/,($4#//#- %' %+# /#$2#3%&:# ,33'"(%$ ,$ 2/,.#- 4'/ &( %+# 3';2/';&$# $#%%5#;#(%)
T+#/#,4%#/, M,5#3-,( 4&5#- , 3';25,&(% 3+,/9&(9 A%%.) K'55&(, 6&%+ :&'5,%&'( '4 %+# 5,6.#/L$ ',%+,
'( %+# ,33'"(% %+,% %+# 5,6.#/ H('6&(95. 3,"$#- %+# 6&%+-/,6,5 4/'; %+# 0,(H '4 %+# 2"/3+,$#
2/&3# '4 %+# 5'% &( G"#$%&'(, -#$2&%# %+#&/ H('65#-9# '4 , -#4#3% &( %+#&/ 35&#(%L$ /&9+% %' 35,&;
%+# $,&- ,;'"(%) D'#$ %+# 5,6.#/ +,:# %+# /&9+% %' ,225. %+# $"0I#3% ,;'"(% ,$ 2,.;#(% '4
%+#&/ 2/'4#$$&'(,5 4##$ -#$2&%# %+# #>&$%#(3# '4 , -&$2"%# '( %+# 5#9,5&%. '4 %+# ,;'"(%8
NONE. # lawyer may legally apply a clientIs funds in his possession to satisfy professional
fees which the client owes him, in the absence of any dispute as to the legality of the amount
thereof. owever, the fact that a lawyer has a lien for his fees on the clientIs money in his
possession or the circumstance that the client owes him more than the clientIs funds in his hands
may not excuse him from making an accounting nor entitle him to unilaterally apply the clientIs
money to satisfy his disputed claims. It is a settled principle that the compensation of a lawyer
should be but a mere incident of the practice of law, the primary purpose of which is to render
public service. !he practice of law is a profession and not a money-making trade. #s they are an
indispensable part of the system of administering &ustice, attorneys must comply strictly with the
oath of office and the canons of professional ethics K a duty more than imperative during these
critical times when strong and disturbing criticisms are hurled at the practice of law. 'anon ( of
the 'ode of 3rofessional 6esponsibility mandates all members of the bar to obey the laws of the
land and promote respect for the law. 6ule (.7( of the 'ode specifically provides that Ja lawyer
shall not engage in unlawful, dishonest, immoral or deceitful conduct.J # lawyer is expected, at all
times, to uphold the integrity of the legal profession. Hhenever it is made to appear that a lawyer
is no longer worthy of the trust and confidence of the public, it becomes not only the right but the
duty of the 'ourt which made him one of its officers and gave him the privilege of ministering
within its bar to withdraw the privilege. (#ARY D. #ALECDAN vs. ATTY. 5ERCI4AL L. 5EKAS -9d
ATTY. #ATTHE: 5. KOLLIN "A.C. No. '80%. J-9,-+. /&, /%%1.23
@ROSS I@NORANCE OF LAW
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,33"$#-) C'/%#$ ,5$' G"#$%&'(#- %+# 2/'('"(3#;#(% ;,-# 0. %+# S,(-&9,(0,.,( %+,% M+# $5#2%
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NO. It must be stressed that as a matter of policy, the acts of a &udge in his &udicial
capacity are not sub&ect to disciplinary action. e cannot be sub&ected to liability K civil, criminal
or administrative K for any of his official acts, no matter how erroneous, as long as he acts in good
faith. 5nly &udicial errors tainted with fraud, dishonesty, gross ignorance, bad faith or deliberate
intent to do an in&ustice will be administratively sanctioned. !o hold otherwise would be to render
&udicial office untenable, for no one called upon to try the facts or interpret the law in the process
of administering &ustice can be infallible in his &udgment. !he provisions of #rticle @7A of the
6evised 3enal 'ode as to Jrendering knowingly un&ust &udgmentJ refer to an individual &udge who
does so Jin any case submitted to him for decisionJ and has no application to the members of a
collegiate court such as the 0andiganbayan or its divisions, who reach their conclusions in
consultation and accordingly render their collective &udgment after due deliberation. !he remedy
of the aggrieved party is not to file an administrative complaint against the &udge, but to elevate
the assailed decision or order to the higher court for review and correction. #n administrative
complaint is not an appropriate remedy where &udicial recourse is still available, such as a motion
for reconsideration, an appeal, or a petition for certiorari, unless the assailed order or decision is
tainted with fraud, malice, or dishonesty. (LEONIDES T. CORTES vs. SANDIGANBAYAN JUSTICES
#INITA 4. CHICO$NAZARIO, #A. CRISTINA G. CORTEZ$ESTRADA -9d RODOL)O G. 5ALATTAO
"A.#. No. SB$%1$$J. )e*+,-+. 0, /%%1.23
A 3';25,&(% 6,$ 4&5#- ,9,&($% B"-9# P,;&(%",( 4'/ &9('/,(3# '4 %+# 5,6 ,(- ,//'9,(3#) I% 6,$
,55#9#- %+,% &( $#:#(%##( -&44#/#(% 3,$#$, B"-9# P,;&(%",( +,- ;&$,225&#- %+# I(-#%#/;&(,%#
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;#,($ '4 &(%#;2#/,%# ,(- +,/$+ 6'/-$ &( %+# 2/#$#(3# '4 5&%&9,(%$ &( 2"05&3 ,(- %+,% +#
:#/0,55. ,$$,"5% 5,6.#/$) F"/%+#/;'/#, +# 2/';"59,%#- -#3&$&'($ 6&%+ 3'2&#$ %+#/#'4 ('%
/#,-&5. /#5#,$#- %' %+# 2,/%&#$) S+'"5- B"-9# P,;&(%",( 0# -&$3&25&(#- ,-;&(&$%/,%&:#5.8
YES) !he application of the Indeterminate 0entence 4aw in the imposition of penalties in
crimes punishable by the 6evised 3enal 'ode is a basic precept. :udge 3amintuan$s repeated
misapplication thereof in quite a number of criminal cases he had rendered constitutes gross
ignorance of the law. # &udge is presumed to know the law and when the law is so elementary, not
to be aware of it constitutes gross ignorance of the law. Indeed, &udges are duty bound to have
more than a cursory acquaintance with laws and &urisprudence. 1ailure to follow basic legal
commands constitutes gross ignorance of the law from which no one may be excused, not even a
&udge. Hith regards to the other allegation, a &udge should be courteous both in his conduct and in
his language especially to those appearing before him. e can hold counsels to a proper
appreciation of their duties to the court, their clients, and the public without being petty,
arbitrary, overbearing, or tyrannical. e should refrain from conduct that demeans his office and
remember always that courtesy begets courtesy. #bove all, he must conduct himself in such a
manner that he gives no reason for reproach. 'learly, the respondent &udge has failed to observe
courtesy and civility to the lawyers as well as to the litigants who appeared before him. !he 'ourt
frowns upon the highly irregular practice of the respondent &udge of promulgating a decision,
copies of which were not then ready for release to the parties. (THE O))ICERS AND #E#BERS O)
THE IB5 BAGUIO$BENGUET CHA5TER vs. )ERNANDO 4IL 5A#INTUAN "A.#. No. RTJ$%/$&!.
J-9,-+. &, /%%1.23
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6,$ ,( #.#6&%(#$$ %' %+# ;"/-#/ 6+' ;,-# , 2'$&%&:# &-#(%&4&3,%&'( '4 %+# ,33"$#-8

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YES) It is already settled that when a &udge grants bail to a person charged with a capital
offense, or an offense punishable by reclusion perpetua or life imprisonment without conducting
the required bail hearing, he is considered guilty of ignorance or incompetence the gravity of which
cannot be excused by a claim of good faith or excusable negligence. Hhen a &udge displays an utter
unfamiliarity with the law and the rules, he erodes the confidence of the public in the courts. #
&udge owes the public and the court the duty to be proficient in the law and is expected to keep
abreast of laws and the prevailing &urisprudence. Ignorance of the law by a &udge can easily be the
mainspring of in&ustice. (JOCELYN 4. GRAGEDA vs. JUDGE NIETO T. TRES4ALLES "A.#. #TJ No.
%1$'/&. )e*+,-+. /, /%%123
PROMPT DISPOSITION OF CASES
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YES) !he 1ailure 5f # :udge !o Immediately 6esolve 3ending Dotions and to Becide 'ases
Hithin !he )7-Bay 6eglementary 3eriod 'onstitutes Gross Inefficiency. 6ule ..7/ of !he 'ode of
:udicial 'onduct requires &udges to dispose of the courtIs business promptly and to act, one way or
the other, on cases pending before him within the prescribed period therefore. -ndue delay in
resolving a pending motion constitutes gross inefficiency. Belay results in undermining the peopleIs
faith in the &udiciary and from whom the prompt hearing of their supplications is anticipated and
expected, and reinforces in the mind of the litigants the impression that the wheels of &ustice grind
ever so slowly. 'ertainly, undue delay cannot be countenanced at a time when the clogging of the
court dockets is still the bane of the &udiciary. :udges are expected to observe utmost diligence and
dedication in the performance of their &udicial functions and the discharge of their duties. :udge
Bel 6osario is meted with a fine in the amount of !en !housand 3esos. (DOLORES I#BANG vs.
JUDGE DEOGRACIAS K. DEL ROSARIO "A.#. No. #TJ$%0$''. )e*+,-+. 0, /%%1.23
S+'"5- , I"-9# 0# -&$3&25&(#- 4'/ +&$ 4,&5"/# %' -#3&-# %+# #5#3%&'( 3,$#$ 6&%+&( %+#
/#95#;#(%,/. 2#/&'-8
YES) :udges should dispose of court business promptly within the period prescribed by law
or the extended time granted them by this 'ourt. !his is mandated by 6ule ..7/ of 'anon . of the
'ode of :udicial 'onduct, and by no less than the 'onstitution itself. 'anon C reminds a &udge to be
prompt in disposing of all matters submitted to him or her, remembering that &ustice delayed is
often &ustice denied. Belay in the disposition of cases erodes the faith and confidence of the public
in the institution of &ustice, lowers its standards and brings them into disrepute. Every &udge must
cultivate a capacity for quick decision? he must not delay the &udgment which a party &ustly
deserves. !he public trust reposed in a &udge$s office imposes upon him the highest degree of
responsibility to promptly administer &ustice.
!he 'ourt, however, is not unaware of the heavy caseload of &udges and the rigors of travel
that they sometimes have to make because of detail to vacant salas. It is precisely for this reason
that the 'ourt has been sympathetic to requests for extensions of time within which to decide
cases and resolve matters and incidents related thereto. Indeed, the 'ourt allows a certain degree
of latitude to &udges and grants them a reasonable extension of time to decide and resolve cases
upon proper application by the &udge concerned and on meritorious grounds. (RO#ERO TEODOSIO,
ROLANDO RICO vs. HON. JUDGE ARTURO R. CAR5IO "A. #. No. #TJ$%/$1&. )e*+,-+. /(,
/%%123
PARTIALITY
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NO) 3aragraph >@=, 0ection ( of 6ule (.+, 6ules of 'ourt, provides that a &udge may, in the
exercise of his sound discretion, disqualify himself from sitting in a case, for &ust or valid reasons
other than those mentioned in the said provision. ,ut it does not give &udges the unfettered
discretion to decide whether to desist from hearing a case. !he inhibition must be for &ust and valid
reasons. !he mere imputation of bias or partiality is not enough ground for them to inhibit,
especially when the charge is without basis. Dere intervention of the respondent &udge during the
hearing of preliminary in&unction by simply asking the materiality of a question directed upon the
witness and ruling against the petitioners are within the prerogatives and powers of the &udge. !he
fact that the &udge asked questions in the course of the trial does not make him a biased &udge. It
is not only the right but also the duty of a trial &udge to examine witnesses when it appears
necessary for the elucidation of the record. # &udge may also properly intervene in the presentation
of evidence to expedite and prevent unnecessary waste of time and clarify obscure and incomplete
details after the witness has given direct testimony. Dere suspicion of partiality is not enough.
!here should be hard evidence to prove it, as well as a manifest showing of bias and partiality
stemming from extra&udicial source or some other basis. In the absence of clear and convincing
evidence to prove the charge, a ruling not to inhibit oneself cannot &ust be overturned.
1urthermore, &ust because the opinion of a party is at variance with that of the &udge, the former
cannot use it as an excuse to hurl imputations of unfairness and partiality in the absence of clear
and convincing proof. (S5OUSES LEO5OLDO HIZON -9d 5ERLITA DELA )UENTE HIZON vs.
S5OUSES GIGI DELA )UENTE -9d JOSE5HINE #ANGAHAS, S5OUSES JORGE #AGBITANG -9d
ADELAIDA 4ILLACORTA #AGBITANG "G.R. No. '/0/8. #-+c6 /0, /%%1.23
LANDMARK DECISIONS
LE@AL ETAICS
ADMISSION TO TAE PRACTICE OF LAW
!he 0upreme 'ourt and the 3hilippine ,ar have always tried to maintain a high standard for
the legal profession, both in academic preparation and legal training, as well as in honesty and fair
dealing. 5ne of the ways of achieving this end is to admit to the practice only those persons who
are known to be honest, possess good moral character, and show proficiency in and knowledge of
the law by the standard set by this 'ourt by passing the ,ar Examinations honestly and in the
regular and usual manner. 'onsequently, any charge or insinuation of anomaly in the conduct of
,ar Examinations, of necessity is imbued with wide and general interest and material importance.
(I9 Re I9ves;i<-;io9 of A9<e= 5-+->o "8/ 56i= /0%. Dece?*e+ 0, !1823
PRACTICE OF LAW
!he right to practice law proceeds not from the territorial boundaries of the licensing
authority but within the &urisdiction of the licensing authority. 3etitioner has confused her license
to practice law in the 3hilippines to include the courts of other &urisdiction located within the
3hilippine territory. !he -0 2aval 'ourts Dartial are courts duly constituted and under the
&urisdiction of the -0 government. !hey are not extensions of 3hilippine 'ourts. !hey function

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independently and are guided by their own rules of procedure. ()ide=- 4-+<-s vs. Ki=c=i9e "No.
1/ SCRA /0/. J,9e &, !8&23
3ractice of law under modem conditions consists in no small part of work performed outside
of any court and having no immediate relation to proceedings in court. It embraces conveyancing,
the giving of legal advice on a large variety of sub&ects, and the preparation and execution of legal
instruments covering an extensive field of business and trust relations and other affairs. #lthough
these transactions may have no direct connection with court proceedings, they are always sub&ect
to become involved in litigation. !hey require in many aspects a high degree of legal skill, a wide
experience with men and affairs, and great capacity for adaptation to difficult and complex
situations. !hese customary functions of an attorney or counselor at law bear an intimate relation
to the administration of &ustice by the courts. 2o valid distinction, so far as concerns the question
set forth in the order, can be drawn between that part of the work of the lawyer which involves
appearance in court and that part which involves advice and drafting of instruments in his office. It
is of importance to the welfare of the public that these manifold customary functions be performed
by persons possessed of adequate learning and skill, of sound moral character, and acting at all
times under the heavy trust obligations to clients which rests upon all attorneys. (C-.e;-9o vs.
#o9sod, "G.R. No. %%0, Se@;e?*e+ 0,!!23
PRACTICE OF LAW? PATENT OFFICE
Dembers of the 3hilippine ,ar authori"ed to practice law, and in good standing, may
practice their profession before the 3atent 5ffice, for the reason that much of the business in said
office involves the interpretation and determination of the scope and application of the 3atent 4aw
and other laws applicable, as well as the presentation of evidence to establish facts involved? that
part of the functions of the 3atent director are &udicial or quasi-&udicial, so much so that appeals
from his orders and decisions are, under the law, taken to the 0upreme 'ourt. (56i=i@@i9e
L-A.e+Bs Associ-;io9 vs. A<+-v- "G.R. NO. L$/1/&. )e*+,-+. &, !'!23
POWER OF CON@RESS TO RE@ULATE TAE BAR
!he ,ar 1lunkers #ct of ()/. is not a legislation? it is a &udgment - a &udgment promulgated
by this 'ourt during the aforecited years affecting the bar candidates concerned? and although this
'ourt certainly can revoke these &udgments even now, for &ustifiable reasons, it is no less certain
that only this 'ourt, and not the legislative nor executive department, that may do so. #ny attempt
on the part of these departments would be a clear usurpation of its function, as is the case with
the law in question. !he ultimate power to grant license for the practice of law belongs exclusively
to this 'ourt, and the law passed by 'ongress on the matter is of permissive character, or as other
authorities say, merely to fix the minimum conditions for the license. (I9 +e C,9-9-9 "!1 56i=. '01
(!'1323
LAWYERS IN TAE @OJERNMENT SERJICE
!he 'ode of 3rofessional 6esponsibility applies to lawyers in government service in the
discharge of their official tasks >'anon C=. :ust as the 'ode of 'onduct and Ethical 0tandards for
3ublic 5fficials requires public officials and employees to process documents and papers
expeditiously and prohibits them from directly or indirectly having a financial or material interest
in any transaction requiring the approval of their office, and likewise bars them from soliciting gifts
or anything of monetary value in the course of any transaction which may be affected by the
functions of their office, the 'ode of 3rofessional 6esponsibility forbids a lawyer to engage in
unlawful, dishonest, immoral or deceitful conduct >6ule (.7(, 'ode of 3rofessional 6esponsibility=,
or delay any manIs cause Jfor any corrupt motive or interestJ >6ule (.7.=. (Co==-9;es vs.
Re9o?e+o9 "/%% SCRA '81. A,<,s; &, !!23
CLERK OF COURT

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!here can be no question that personal differences and family problems are not lawful
grounds and valid &ustification for the frequent absences of an employee in the public service.
3ursuant to 'ivil 0ervice #ct >3.B. 2o. *7+=, frequent unauthori"ed absences are grounds for
disciplinary action and the 'ourt considers respondent$s misconduct, a dereliction of duty and,
therefore, pre&udicial to the public service. (Ho9. J. Ce>-+ S-9<co vs. )+-9cisc- Hid-=<o "81
SCRA 8&. Dece?*e+ /(, !(!23
LE@AL PROFESSION :$) BUSINESS
# partnership for the practice of law cannot be likened to partnerships formed by other
professionals or for business. # partnership for the practice of law is not a legal entity. It is a mere
relationship or association for a particular purpose. It is not a partnership formed for the purpose of
carrying on trade or business or of holding property.J !hus, it has been stated that Jthe use of a
nom de plume, assumed or trade name in law practice is improper.
3rimary characteristics which distinguish the legal profession from business are<
(. # duty of public service, of which the emolument is a byproduct, and in which one may
attain the highest eminence without making much money.
@. # relation as an Jofficer of the courtJ to the administration of &ustice involving thorough
sincerity, integrity, and reliability.
.. # fiduciary relation to clients in the highest degree.
A. # relation to colleagues at the bar characteri"ed by candor, fairness, and unwillingness
to resort to current business methods of advertising and encroachment on their
practice, or dealing directly with their clients. (I9 +e S.ci@ "J,=. 0%, !(!23
LAWYERES SI@NATURE IN A PLEADIN@
# lawyer$s signature in a pleading constitutes a certificate by him that to the best of his
knowledge, information and belief, there is a good ground to support it and that it is not interposed
for delay. !his rule imposes upon a lawyer the affirmative duty to check useless litigations, willful
violations of which may sub&ect him to appropriate disciplinary action. (A+-?*,=o vs. 5e+e> "G.R.
No. L$8'. A@+i= 0%, !1(23
ADJERTISIN@ TAE LE@AL PROFESSION
It is highly unethical for an attorney to advertise his talents or skill as a merchant
advertises his wares. 4aw is a profession and not a trade. -nder 'anon @+ of the 'ode of
3rofessional Ethics, 8!he most worthy and effective advertisement possible, even for a young
lawyer is the establishment of a well-merited reputation for professional capacity and fidelity to
trust. !his cannot be forced but must be the outcome of character and conduct.9 (T6e Di+ec;o+ of
Re=i<io,s Aff-i+s vs. Es;-9is=-o B-.o; "(1 56i= (1!. #-+c6 /%, !1123
ADJERTISIN@
# lawyer in making known his legal services shall use only true, honest, fair, dignified and
ob&ective information or statement of facts. e is not supposed to use or permit the use of any
false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services. 2or shall he pay or give something of value to
representatives of the mass media in anticipation of, or in return for, publicity to attract legal
business. 3rior to the adoption of the 'ode of 3rofessional 6esponsibility, the 'anons of 3rofessional

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Ethics had also warned that lawyers should not resort to indirect advertisements for professional
employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to
be published in connection with causes in which the lawyer have been engaged or concerning the
manner of the conduct, the magnitude of the interest involved, the importance the lawyerIs
position, and all other like self-laudatory claims. (U=e@ vs. Le<-= C=i9ic "//0 SCRA 0(8. J,9e (,
!!023
SOLICITATION OF CASES
!he agreement is void because it was tantamount to malpractice which is the practice of
soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers.
Dalpractice ordinarily refers to any malfeasance or dereliction of duty committed by a lawyer. !he
practice of law is a profession, not a business. !he lawyer may not seek or obtain employment by
himself or through others for to do so would be unprofessional. (T-9 TeC Be9< vs. Ti?o;eo A.
D-vid "/& SCRA 08!. Dece?*e+ /!, !8023
USE OF DISRESPECTFUL LAN@UA@E IN TAE PLEADIN@S
# lawyer is an officer of the courts? he is, like the court itself, an instrument or agency to
advance the ends of &ustice. is duty is to uphold the dignity and authority of the courts to which
he owes fidelity, not to promote distrust in the administration of &ustice. It bears emphasis that
the use in pleadings of language disrespectful to the court or containing offensive personalities
serves no useful purpose and on the contrary constitutes direct contempt. (I9 ReD R-f-e= C.
C=i?-co "'' SCRA %(. J-9,-+. /, !(123
USE OF INTEMPERATE LAN@UA@E? RESPECT FOR TAE BUDICIARY
!he 'ourt finds #tty. 0angco$s remarks in his motion for reconsideration, disparaging,
intemperate, and uncalled for. is suggestions that the 'ourt might have been guilty of graft and
corruption in acting on these cases are not only unbecoming, as well, as an open assault upon the
'ourt$s honor and integrity. In rendering its &udgment, the 'ourt yielded to the records before it,
and to the records alone, and not to outside influences, much less, the influence of any of the
parties. #tty. 0angco, as a former &udge of an inferior court, should know better that in any
litigation, one party prevails, but his success will not &ustify indictments of bribery by the other
party. e should be aware that because of his accusations, he has done an enormous disservice to
the integrity of the highest tribunal and to the stability of the administration of &ustice in general.
#tty. 0angco is entitled to his opinion, but not to a license to insult the 'ourt with derogatory
statements and recourses to r.u/ent d 5o/ine/. (Jose S-9<-=-9<, e;. -=. vs. I9;e+?edi-;e
A@@e==-;e Co,+; "(( SCRA 8(. A,<,s; 0%, !8!23
DUTY OF ATTORNEY TO BE PURE AND TO APPEAR TO BE SO
'ourt advise lawyers to be like 'aesarIs wife % to be pure nd to appear to be so. !his stern
rule is designed not alone to prevent the dishonest practitioner from fraudulent conduct, but as
well as to protect the honest lawyer from unfounded suspicion of unprofessional practice. It is
founded on principles of public policy, on good taste. #s has been said in another case, the question
is not necessarily one of the rights of the parties, but as to whether the attorney has adhered to
proper professional standard. Hith these thoughts in mind, it behooves attorneys, like 'aesarIs
wife, not only to keep inviolate the clientIs confidence, but also to avoid the appearance of
treachery and double-dealing. 5nly thus can litigants be encouraged to entrust their secrets to
their attorneys which is of paramount importance in the administration of &ustice. (Hi=-do vs.
D-vid "81 56i=. '(23
DUTY OF ATTORNEY TO AONOR AIS OATA? EFFECT OF FAILURE TAEREOF

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#ttorneys are reminded of their solemn oath upon their admission to the 3hilippine ,ar that
they will do no falsehood and conduct themselves as lawyers according to the best of their
knowledge and discretion with all good fidelity to the courts and their clients. !he unsatisfactory
explanation given by #tty. Belante as against the pleadings of record in the case at bar evinces a
willful disregard of his solemn duty as an attorney to employ in the conduct of a case such means
only as are consistent with truth and honor, and never seek to mislead the courts by an artifice or
false statement of fact or law. !he 'ourt has ever stressed that a lawyer must do his best to honor
his oath, as there would be a great detriment to, if not failure of, the administration of &ustice if
courts could not rely on the submissions and representations made by lawyers in the conduct of a
case. #s stated by the 'ourt in one case, J!ime and time again, lawyers have been admonished to
remember that they are officers of the court, and that while they owe their clients the duty of
complete fidelity and the utmost diligence, they are likewise held to strict accountability insofar as
candor and honesty towards the court is concerned.J (Li*e+-;o C-s-=s, e;. -=. vs. Ho9. 4ice9;e N.
C,si, J+. "'/ SCRA '8. J,=. /, !(023
DUTY OF A LAWYER TO OBEY LAWFUL ORDERS OF TAE COURT
'onsistent with respondentIs failure to file an answer to the complaint herein filed against
him, he also did not appear, despite due notice on the four occasions when the hearing of the
present complaint was set at the 5ffice of the 0olicitor General. 2either has respondent shown
concern or interest about the status of the complaint filed against him. !he inaction of respondent
to the resolutions of this onorable 'ourt requiring him to file his #nswer to the 'omplaint filed
against him and his subsequent failure to attend the hearings on the said complaint indicate that
respondent has not obeyed the legal orders of the duly constituted authorities and he has not
conducted himself as a lawyer according to the best of his knowledge and discretion with all good
fidelity as well to the courts as to his clients >0ec. ., 6ule (.*, 6ules of 'ourt=. 1urther, lawyers are
particularly called upon to obey court orders and processes. !hey should stand foremost in
complying with the courtIs directives or instructions being themselves officers of the court >p. +/,
4egal Ethics, 6uben #gpalo, @nd Ed.=. !his lack of concern shown by respondent regarding the
matter that involved the very foundation of his right to engage in the practice of law would show
how much less he would regard the interest of his clients.J (N<-.e9 vs. T,<-de "!0 SCRA ((!.
!!23
NE@LI@ENCE OF COUNSEL
#s a general rule, a client is bound by his counselIs conduct, negligence, and mistakes in
handling the case during the trial. owever, the rule admits of exceptions. # new trial may be
granted where the incompetency of counsel is so great that the defendant is pre&udiced and
prevented from fairly presenting his defense. Hhere a case is not tried on the merits because of
the negligence of counsel rather than the plaintiff, the case may be dismissed but, in the interest
of &ustice, without pre&udice to the filing of a new action. 'learly, petitioner was deprived of her
right to present and prove her defense due to the negligence of her counsel. !he appearance of a
certain #tty. ,uen Lamar is of no moment as there was no client-attorney relationship between him
and petitioner who did not engage his services to represent her in said cases. !he fact that notices
of the promulgation of &udgment were sent to petitioner at her address of record produced no legal
consequence because notice to a party is not effective notice in law. (Ro?i9- S,-+e> vs. Co,+; of
A@@e-=s "//% SCRA /(1. #-+c6 //, !!0"3
EKCEPTION TO TAE RULE TAAT TAE MISTAKE OF TAE LAWYER BINDS TAE CLIENT
Hhile this 'ourt is cogni"ant of the rule that, generally, a client will suffer the
consequences of the negligence, mistake or lack of competence of his counsel, in the interest of
&ustice and equity, exceptions may be made to such rule, in accordance with the facts and

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circumstances of each case. #dherence to the general rule would, in the instant case, result in the
outright deprivation of their property through a technicality.
!he 'ourt finds that the negligence of counsel in this case appears to be so gross and
inexcusable. !his was compounded by the fact, that after petitioner gave said counsel another
chance to make up for his omissions by asking him to file a petition for annulment of the &udgment
in the appellate court, again counsel abandoned the case of petitioner in that after he received a
copy of the adverse &udgment of the appellate court, he did not do anything to save the situation
or inform his client of the &udgment. e allowed the &udgment to lapse and become final. 0uch
reckless and gross negligence should not be allowed to bind the petitioner. 3etitioner was thereby
effectively deprived of her day in court. (4ic;o+i- Le<-+d- vs. Co,+; of A@@e-=s "!' SCRA 18.
#-+c6 8, !!23
EKCEPTION TO TAE RULE TAAT A CLIENT IS BOUND BY TAE MISTAKES OF AIS LAWYER
3etitioner$s right to appeal should not be lost through technicalities. is liberty is at stake.
e faces a &ail term of (+ years and A months to @7 years. If he has to spend this long stretch in
prison, his guilt must be established beyond reasonable doubt. e cannot lose his liberty because
of the gross irresponsibility of his lawyer. 4osing liberty by default of an insensitive lawyer should
be frowned upon despite the fiction that a client is bound by the mistakes of his lawyer. (Ace.o+C
A<,i=-+ vs. Co,+; of A@@e-=s -9d ;6e 5eo@=e of ;6e 56i=i@@i9es "/'% SCRA 0(. Nove?*e+ /8,
!!'23
DUTY OF A LAWYER TO RETURN TAE PROPERTY OF AIS CLIENT ENTRUSTED TO AIM
# lawyer, under his oath, pledges himself not to delay any man for money or malice and is
bound to conduct himself with all good fidelity to his clients. e is obligated to report promptly
the money of his clients that has come into his possession. e should not commingle it with his
private property or use it for his personal purposes without his client$s consent. e should maintain
a reputation for honesty and fidelity to private trust. ()e+?i9- Le<-s@i D-+o., e;. -=. vs. A;;..
R-?o9 C6-ves Le<-s@i "&' SCRA 0%1. J,=. /', !('23
APPEARANCE OF COUNSEL
!he appearance of a lawyer, as counsel for a party and his participation in a case as such
counsel does not make him a party to the action. !he fact that he represents the interests of his
client or that he acts in their behalf will not hold him liable for or make him entitled to any award
that the court may ad&udicate to the parties, other than his professional fees. !he principle that a
counterclaim cannot be filed against persons who are acting in representation of another in their
individual capacities could be applied with more force and effect in the case of a counsel whose
participation in the action is merely confined to the preparation of the defense of his client.
(#-+ce=o de Bo+E- vs. J,-9 de Bo+E- "No. L$&&//. J,=. 0, !'(23
SUBSTITUTION OF ATTORNEYS? REQUISITES
!he settled rule is that in order that there may be a valid substitution of attorneys in a
given case, there must be >a= a written application for substitution? >b= a written consent of the
client? and >c= a written consent of the attorney to be substituted. In case the consent of the
attorney to be substituted cannot be obtained, there must at least be proof that notice of the
motion for substitution has been served upon him in the manner prescribed by the rules.
In law it is assumed prima facie that every attorney who appears in court does so with
sufficient authority. !he fact that a second attorney enters an appearance on behalf of a litigant
does not authori"e a presumption that the authority of the first attorney has been withdrawn,
!here is no question that a party may have two or more lawyers working in collaboration as his
counsel in a given litigation. ere, petitionerIs counsel, #tty. Easque", not only affirmed his
continued connection with the case, but also explained #tty. ermosisimaIs appearance as
collaborating counsel. Hhile it may be desirable in the interest of an orderly conduct of &udicial

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proceedings, that a counsel for a party should file with the court his formal written appearance in
the case, before filing a pleading therein, or mention in said pleading that he is submitting the
same in collaboration with the counsel of record, the mere circumstance that such acts were not
done does not warrant the conclusion that the pleading filed by such counsel has no legal effect
whatsoever. (O9< C6i9< vs. Ho9. Jose R-?o=e;e, e;. -=. "' SCRA 0. #-. 8, !(023
WITADRAWAL AS COUNSEL DE OFICIO
!here was no incompatibility between the duty of petitioner to the accused and to the
court and the performance of his task as an election registrar of the 'ommission on Elections and
that the ends of &ustice would be served by allowing and requiring Dr. 4edesma to continue as
counsel de oficio, since the prosecution has already rested its case. !he role of a member of the
,ar in the defense of an accused is indispensable. 0uch consideration could have sufficed for
petitioner not being allowed to withdraw as counsel de oficio. !here are times, and this is one of
them, when duty to court and to client takes precedence over the promptings of self-interest.
(A9;o9io Ledes?- vs. Ho9. R-f-e= C=i?-co "'( SCRA 1(0. J,9e /8, !(123
WITADRAWAL OF COUNSEL
It is not disputed that the Hithdrawal of #ppearance of #tty. :ose :imene", :r. was filed
with the trial court on 1ebruary (@, ())(. 0ince the withdrawal was with the client$s consent, no
approval thereof by the trial court was required because a court approval is indispensable only if
the withdrawal is without the client$s consent. !he retirement is completed once the withdrawal is
filed in court. 2o further action thereon by the court is needed other than the mechanical act of
the clerk of court of entering the name of the new counsel in the docket and of giving written
notice thereof to the adverse party. !he failure of the clerk of court to do either does not affect
the validity of the retirement. !he appearance of the new counsel, #tty. 3ineda, did not likewise
require the approval of the court. #n appearance may be made by simply filing a formal motion,
plea or answer, or through the formal method, vi"., by delivering to the clerk of court a written
direction ordering him to enter the appearance of the counsel. !he latter method is exactly what
#tty. 3ineda followed. (E=ois- A+-?*,=o, e;. -=. vs. Co,+; of A@@e-=s -9d E9<+. D-9i=o
)e++e+-s "//& SCRA '8!. Se@;e?*e+ (, !!023
ATTORNEYS FEES
Hhen there was no express agreement between petitioner 'orpus and respondent Bavid as
regards attorney$s fees, the facts of the case support the position of respondent Bavid that there
was at least an implied agreement for the payment of attorney$s fees. 3etitioner$s act of giving the
check of 3@,777.77 through his #pril (*, ()C@ letter to respondent Bavid indicates petitioner$s
commitment to pay the former attorney$s fees, which is stressed by expressing that 8I wish I could
give more but as you know we were banking on a 0' decision reinstating me and reimbursing my
back salaries.9 !his last sentiment constitutes a promise to pay more upon his reinstatement and
payment of his back salaries. !he absence of an express contract for attorney$s fees between
respondent Bavid and petitioner 'orpus is no argument against the payment of the attorney$s fees,
considering their close relationship which signifies mutual trust and confidence between them.
(#-+i9o Co+@,s vs. Co,+; of A@@e-=s -9d J,-9 T. D-vid "!8 SCRA 1/1. J,9e 0%, !8%23
7UANTU# #ERUIT
!his court has repeatedly fixed counsel fees on a :untu/ /eruit basis whenever the fees
stipulated appear excessive, unconscionable, or unreasonable, because a lawyer is primarily a court
officer charged with the duty of assisting the court in administering impartial &ustice between the

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parties, and hence, his fees should be sub&ect to &udicial control. 2or it should be ignored that
sound public policy demands that courts disregard stipulations for counsel fees whenever they
appear to be a source of speculative profit at the expense of the debtor or mortgagor. (B-c6+-c6
vs. Go=i9<co, 0! 56i=. 08 (!8323
CONTIN@ENT FEE CONTRACT
#n attorney hired on a contingent arrangement and whose services were terminated by his
clients because of his refusal to represent them in the out of court settlement of their claims, has
no right to interfere in the implementation of the settlement agreement in his efforts to collect
attorney$s fees not due him. (Ce=i- B. C6,-, e;. -=. vs. N-;io9-= L-*o+ Re=-;io9s Co??issio9
"!% SCRA ''1. Oc;o*e+ (, !!%23
RETAININ@ LIEN
'onstruing 0ection .+ of 6ule (.* of the 6evised 6ules of 'ourt, there is no question that a
lawyer has a retaining lien upon the funds, documents and papers of his client that may have
lawfully come into his possession until his lawful fees are duly paid. owever, where the appellant
lawyer was appointed by the former administrator of the estate and such appointment was not in
pursuance to any court order, nor was it approved by the probate court, it should be regarded as an
act personal to the administrator. !he creation of professional relationship between the appellant
and the administrator did not, therefore, make the estate also a client of the said lawyer.
'onsequently, the appellant cannot claim to have a retaining lien over any funds, papers or
documents belonging to the estate, even if these properties may have come into his possession in
the course of his work as such counsel for the administrator. (Tes;-;e Es;-;e of A?-deo #-;,;e
Re I9cide9; o9 ;6e Re;-i9i9< Lie9 of A;;.. A9;o9io E9+i=e I9;o9 vs. J,=i-9 4i==-9,ev- #-;,;e
"( SCRA %%. A,<,s; 0, !&&23
INTE@RATED BAR OF TAE PAILIPPINES
MEMBERSAIP IN TAE INTE@RATED BAR OF TAE PAILIPPINES
!o compel a lawyer to be a member of the Integrated ,ar is not violative of the
constitutional freedom to associate. # lawyer becomes a member of the ,ar when he passed the
,ar Examinations. #ll that integration actually does is provide an official national organi"ation for
the well-defined but unorgani"ed and incohesive group of which every lawyer is already a member.
!he 0upreme 'ourt, in order to further the 0tate$s legitimate interest in elevating the quality of
professional legal services, may require that the cost of improving the profession in this fashion be
shared by the sub&ects and beneficiaries of the regulatory program % the lawyers. (I9 Re A;;..
#-+ci-= A. Edi==o9 "81 SCRA ''1. A,<,s; 0, !(823
SUSPENSION AND DISBARMENT
DISBARMENT
!hat the misconduct committed by #tty. #lmacen is of considerable gravity cannot be
overemphasi"ed. owever, heeding the stem in&unction that disbarment should never be decreed
where a lesser sanction would accomplish the end desired, and believing that it may not perhaps be
futile to hope that in the sober light of some future day, #tty. #lmacen will reali"e that abrasive
language never fails to do disservice to an advocate and that in every effervescence of candor
there is ample room for the added glow of respect, it is our view that suspension will suffice under
the circumstances. is demonstrated persistence in his misconduct by neither manifesting
repentance nor offering apology therefor leave us no way of determining how long that suspension
should last and, accordingly, we are impelled to decree that the same should be indefinite. (I9 Re
A=?-ce9 "0 SCRA '&/. )e*+,-+. 8, !(%23

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TO BE EKERCISED WITA @REAT CAUTION
!he power to disbar must be exercised with great caution. 5nly in a clear case of
misconduct that seriously affects the standing and character of the lawyer as an officer of the
'ourt and member of the bar will disbarment be imposed as a penalty. It should never be decreed
where a lesser penalty, such as temporary suspension, would accomplish the end desired. (#o9;-9o
vs. I9;e<+-;ed B-+ of ;6e 56i=i@@i9es "A.C. No. 1/', / #-. /%%, 0'8 SCRA 23
DUTY AND RI@AT OF COURT TO INSTITUTE UPON ITS OWN MOTION SUSPENSION OR DISBARMENT
PROCEEDIN@S WAEN CIRCUMSTANCES DEMAND TAE FILIN@ TAEREOF
It should be observed that proceedings for the disbarment of members of the bar are not in
any sense a civil action where there is a plaintiff and the respondent is a defendant. Bisciplinary
proceedings involve no private interest and afford no redress for private grievance. !hey are
undertaken and prosecuted solely for the public welfare. !hey are undertaken for the purpose of
preserving courts of &ustice from the official ministration of persons unfit to practice in them. !he
attorney is called to answer to the court for his conduct as an officer of the court. !he complainant
or the person who called the attention of the court to the attorneyIs alleged misconduct is in no
sense a party, and has generally no interest in the outcome except as all good citi"ens may have in
the proper administration of &ustice. !he court may therefore act upon its own motion and thus be
the initiator of the proceedings, because, obviously the court may investigate into the conduct of
its own officers. Indeed it is not only the right but the duty of the 'ourt to institute upon its own
motion, proper proceedings for the suspension or the disbarment of an attorney, when from
information submitted to it or of its own knowledge it appears that any attorney has so conducted
himself in a case pending before said court as to show that he is wanting in proper measure of
respect for the court of which he is an officer, or is lacking in the good character essential to his
continuance as an attorney. !his is for the protection of the general public and to promote the
purity of the administration of &ustice. (A=f+edo TeE-9 vs. Ho9. 4ice9;e N. C,si, J+. "'( SCRA '1.
#-. 0%, !(123
PROPRIETY
!he three >.= meetings by :udge #bastillas with interested parties who had a stake on the
outcome of the criminal case and the recorded telephone conversation where said cases were
discussed manifested :udge #bastillas$ willingness, nay, propensity to enter into deals with
motivation incongruous to the merits of the cases pending before him. :udge #bastillas committed
serious misconduct no less. It is peculiarly essential that the system for establishing and dispensing
&ustice be developed to a high degree of proficiency, to gain the absolute confidence of the public
in the integrity and impartiality of its administration, because appearance is as important as
reality, so much so that a &udge, like 'esar$s wife, must not only be pure but beyond suspicion.
(B'+($'( L## ,(- S'((. M'/#(' :$) A'() R#(,%' E) A0,$%&55,$ N23< SCRA 29) B"5. 11, 199<O!
INAIBITION OF BUD@ES
Inhibition is not allowed at every instance that a friend, classmate, associate or patron of a
presiding &udge appears before him as counsel for one of the parties to a case. J-tang na loobJ, per
se, should not be a hindrance to the administration of &ustice. 2or should recognition of such value
in 3hilippine society prevent the performance of oneIs duties as &udge. owever, where, as in this
case, the &udge admits that he may be suspected of surrendering to the persuasions of utn. n
loob or he may even succumb to it considering that he Jand the members of his family, no less, shall

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ever remain obliged in eternal gratitude to :ustice 6eyesJ, the negative answer to the question of
&udge Eli"aga yields to exceptions in extraordinary cases. (J,d<es #-s-d-o -9d E=i>-<- ReD
C+i?i9-= C-se No. 1!'1$#3
# &udge may not be legally prohibited from sitting in a litigation, this when suggestion is
made of record that he might be induced to act in favor of one party or with bias or pre&udice
against a litigant arising out of circumstances reasonably capable of inciting such a state of mind,
he, should conduct a careful self-examination. e .should exercise his discretion in a way that the
peopleIs faith in the courts of &ustice is not impaired. # salutary norm is that he reflect on the
probability that a losing party might nurture at the back of his mind the thought that the &udge had
unmeritoriously, tilted the scales of :ustice against him. !hat passion on the part of a &udge may he
generated because of serious charges of misconduct against him by a suitor or his counsel. is not
altogether remote. e is a man, sub&ect to the frailties of other men. e should, therefore,
exercise great care and caution before making up his mind to act or withdraw from a suit where
that party or counsel is involved. e could in good grace inhibit himself where that case could be
heard by another &udge and where no appreciable pre&udice would be occasioned to others involved
thereon. 5n the result of his decisions to sit or not to sit may depend to a great extent that all-
important confidence in the impartiality of the &udiciary. If after reflection he should resolve to
voluntarily desist from sitting in a case where his motives or fairness might be seriously impugned,
his action is to be interpreted as giving meaning and substance to the second paragraph of 0ection
(, 6ule (.+. e serves the cause of the law who forestalls miscarriage of &ustice. (5i?e9;e= v.
S-=-9<- "/ SCRA &%23
DISQUALIFICATION OF BUD@ES
#tty. 'alanog appears to be sincerely repentant. e describes the effect of the decision in
this case as a 8healing surgery9 for him. #tty. 'alanog is a relatively young man of /A. If his
contributions during the four years that he was an 6!' :udge were any measure of his potentiality
for public service, he has productive years still ahead of him which should not be foreclosed. !he
penalty of disqualification from appointment to any public office should be lifted so that the
opportunity for public service in other fields may be opened to him. is return to the &udiciary
may not be feasible at this time considering the recency of our decision, but certainly in the vast
field of public service there should be room for the gainful employment of his talents. Indeed in
the past this 'ourt showed compassion in imposing penalties, taking into account the peculiar
circumstances of the case. (E;;, C,$%&55' :$) B"-9# M,("#5 M) C,5,('9, B/) N239 SCRA 268)
D#3#;0#/ 16, 199<O!
2< BAR EKAM QUESTIONS P ANSWERS
PRACTICE OF LAW
QUALIFICATIONS
Q"#$%&'(
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A($6#/
!he complaint of Diss #dorable should not be dismissed. In the case of ;pucr v. ;pucr
the 0upreme 'ourt ruled that good moral character is not only a condition precedent for admission
to the legal profession, but it must also remain intact in order to maintain one$s good standing in
that exclusive and honored fraternity. !he grounds for disbarment or suspension of a lawyer consist
of those acts of misconduct committed before and after his admission to practice. !he acts of
misconduct prior to admission include those which indicate that at the time the lawyer took his
oath he did not possess the required qualifications for membership in the bar, such as good moral
character, citi"enship, completion of the educational requirements and passing the bar
examinations. #nything which shows that he has none of any of these qualifications will &ustify
cancellation of his license. !hus, the taking of the oath as a member of the 3hilippine ,ar neither
warrants the dismissal of the complaint against Eic 3ugote nor does it render said complaint moot
and academic.
A5%#/(,%&:# A($6#/
#tty. Dalibu$s contention is not tenable. Bisciplinary proceedings are sui .eneris. !hey are
neither civil nor criminal proceedings. Its purpose is not to punish the individual lawyer but to
safeguard the administration of &ustice by protecting the court and the public from the misconduct
of lawyers and to remove from the profession of law persons whose disregard of their oath of office
proves them unfit to continue discharging the trust reposed in them as members of the bar.
Bisbarment is imprescriptible. -nlike ordinary proceedings, it is not sub&ect to the defense of
prescription. !he ordinary statute of limitations has no application to disbarment proceedings.
(!lo vs. 0e./o, @7 0'6# ((C@ M()C+N=.
RI@ATS OF TAE ACCUSED
Q"#$%&'(
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-&/#3%&(9 %+# #>35"$&'( 4/'; %+# 3'"/%/''; '4 ,55 %#5#:&$&'( 2,/,2+#/(,5&, ,(- 4"/%+#/
&($%/"3%&(9 %+# /#2'/%#/$ &($&-# %+# +,55 ('% %' '2#/,%# %+#&/ 1:&-#' 3,;$7 -"/&(9 %+#
2/'3##-&(9$) T+# -#4#($# 5,6.#/$ '0I#3%#- %' %+# 3'"/%E$ '/-#/, 35,&;&(9 %+,% &% 6,$ :&'5,%&:#
'4 %+#&/ 35&#(%E$ 3'($%&%"%&'(,5 /&9+% %' , 2"05&3 %/&,5)
I( &$$"&(9 %+# G"#$%&'(#- '/-#/, -&- %+# B"-9# ,3% &( :&'5,%&'( '4 %+# /&9+%$ '4 %+#
,33"$#- %' , 2"05&3 %/&,58 D&$3"$$ 0/&#45.)
D&- %+# B"-9# ,3% &( -#/'9,%&'( '4 2/#$$ 4/##-'; 6+#( +# -&/#3%#- %+# #>35"$&'( '4 %+#
%#5#:&$&'( 2,/,2+#/(,5&, 4/'; %+# 3'"/%/''; ,(- 6+#( +# 2/'+&0&%#- %+# (#6$ /#2'/%#/$ &( %+#
3'"/%/''; 4/'; '2#/,%&(9 %+#&/ 1:&-#' 3,;$7 -"/&(9 %+# 2/'3##-&(9$8 R#,$'( 0/&#45.)
A($6#/*
#. N', the :udge did not act in violation of the rights of the accused to a public trial. !he
right assured under the 'onstitution covers the right of the defendant to be given an opportunity to
be heard and that &udgment be rendered upon lawful hearing. !he &udge has the right to order the
exclusion of the reporters from the courtroom since under 6ule ..7. of the 'ode of :udicial
'onduct, 8# &udge shall maintain order and proper decorum in the court.9 # trial is public 8when
anyone interested in observing the manner a &udge conducts the proceedings in his courtroom may
do so< >%rci vs. 0o/in.o, /@ 0'6# (A. M()+.N=. !here is to be no ban on attendance. In the

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question given, the &udge did not bar attendance, only the use of television paraphernalia and
8video cams9.
,. N'. 3ress freedom is not violated when the &udge directed the exclusion of the television
paraphernalia from the courtroom since 6ule (.7. of the 'ode of :udicial 'onduct provides that 8#
&udge should be vigilant against any attempt to subvert the independence of the &udiciary and
resist any pressure from whatever source.9 !he &udge may lawfully do so since he merely
protecting the 'ourt by proscribing public comments on pending litigations which is not allowed if
such would impede obstruct, embarrass or influence the courts in administering &ustice in a pending
suit or proceeding.
!he serious risks posed to the fair administration of &ustice by live !E and radio broadcast,
especially when emotions are running high on the issues stirred by the case, should be taken into
consideration before addressing the issue of press freedom. !he right of the accused to a fair trial,
not by trial by publicity takes precedence over press freedom as invoked by the !E reporters in this
case. > Sec.Pere& vs. 9strd, .C/ 0'6# C@, M@77(N=.
LAWYERES DUTIES
Q"#$%&'(*
U(-#/ %+# C'-# '4 P/'4#$$&'(,5 R#$2'($&0&5&%., 6+,% &$ %+# 2/&(3&2,5 '05&9,%&'( '4 ,
5,6.#/ %'6,/-$*
1) T+# 5#9,5 2/'4#$$&'( ,(- %+# I(%#9/,%#- B,/8
2) A&$ 2/'4#$$&'(,5 3'55#,9"#$8
3) T+# -#:#5'2;#(% '4 %+# 5#9,5 $.$%#;8
<) T+# ,-;&(&$%/,%&'( '4 I"$%&3#8
5) A&$ 35&#(%8
A($6#/*
(. !he principal obligations of a lawyer to the legal profession and the Integrated ,ar are<
a. uphold the integrity of the 4egal 3rofession
b. observe candor, fairness, and truthfulness in relating with other colleagues
c. prevent unauthori"ed practice of law
d. avoid solicitation and advertising
e. pay membership fees in the Integrated ,ar of the 3hilippines
@. !he principal obligations of a lawyer to his professional colleagues are<
c. observe candor, fairness, and truthfulness in relating with other colleagues
d. use temperate language in professional dealings with other lawyers
e. avoid encroachment upon the business of another lawyer
.. !he principal obligations of a lawyer to the development of the legal system are<
a. 3articipate in the development of the legal system
b. Initiate or support efforts in law reform and in improvement of the
administration of &ustice
c. Feep abreast of legal developments
d. 3articipate in continuing legal education programs
e. 0upport efforts to achieve high standards in law schools
f. assist in disseminating information regarding law and &urisprudence
A. !he principal obligations of a lawyer to the administration of &ustice are<
a. come to the court adequately prepared
b. avoid filing multiple actions and forum shopping
c. disclose pending case
d. temper clientIs propensity to litigate
e. file pleading within the reglementary period
f. duty not to delay or impede execution of &udgment
g. duty not to talk to a witness during recess
h. duty not to assist a witness to misrepresent
i. duty not to harass a witness

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/. !he principal obligations of a lawyer to his client are<
a. ascertain possible conflict of interest
b. preserve the secrets of a prospective client
c. duty not to decline unpopular clients
d. duty not to decline appointment by the court or by I,3
e. observe the same standard for all clients
f. give candid advice on the merits of the case
g. comply with client$s lawful request
h. restrain client from impropriety
i. avoid influence-peddling
&. employ only honorable means
k. rectify clientIs fraud
l. render service only when qualified to do so
m. not to handle a case without adequate preparation
n. keep client fully informed
o. not to borrow from, nor lend money to, client
p. account for clientIs funds
q. not to commingle clientIs funds
r. deliver clientIs funds sub&ect to his lien
s. not to purchase clientIs property in litigation
t. preserve clientIs confidence
COLLABORATIN@ COUNSEL
Q"#$%&'(*
I( %+# 3'"/$# '4 , I"-&3&,5 2/'3##-&(9, , 3'(45&3% '4 '2&(&'($ ,$ %' , 2,/%&3"5,/ 5#9,5
3'"/$# '4 ,3%&'( %' 0# %,H#( ,/'$# 0#%6##( AB ,(- CD, %6' 5,6.#/$ +&/#- 0. M/) KK, , 2,/%.F
5&%&9,(%, %' ,3% I'&(%5. ,$ +&$ 3'"($#5)
A'6 $+'"5- $"3+ 2/'05#; 0# /#$'5:#-, ,(- 6+'$# '2&(&'( $+'"5- 2/#:,&58 W+,% 3,( AB,
%+# 5,6.#/ 6+'$# '2&(&'( 6,$ ('% 4'55'6#-, -' 6+#( $+# +'(#$%5. 0#5&#:#$ %+,% %+# '2&(&'( '4
CD, %+# '%+#/ 3'"($#5, &$ ('% ,$ 5#9,55. ,(- 4,3%",55. 6#55 9/'"(-#- ,$ +#/ '2&(&'( &$8 E>25,&(
0/&#45.)
A($6#/*
!he opinion of the client should prevail as to what course of action should be taken. In case
the opinion of lawyer #, was not followed, #, may ask the client to relieve him, C,('( 7 '4 %+#
C,('($ '4 P/'4#$$&'(,5 E%+&3$ 2/':&-#$ %+,% MW+#( 5,6.#/$ I'&(%5. ,$$'3&,%#- &( , 3,"$# 3,(('%
,9/## ,$ %' ,(. ;,%%#/ :&%,5 %' %+# &(%#/#$% '4 %+# 35&#(%, 6+&3+ %+# 35&#(% $+'"5- /#$'5:#, %+#
5,6.#/ 6+'$# I"-9;#(% +,$ 0##( ':#//"5#- $+'"5-, &4 %+# (,%"/# '4 %+# 3'(45&3% ;,H#$ &%
&;2/,3%&3,05# 4'/ +&; %' 3''2#/,%# #44#3%&:#5., ,$H %+# 35&#(% %' /#5&#:# +&;)M
WITADRAWAL FROM CASE
Q"#$%&'(
O( %+# #:# '4 %+# &(&%&,5 +#,/&(9 4'/ %+# /#3#2%&'( '4 #:&-#(3# 4'/ %+# -#4#($#, %+#
-#4#(-,(% ,(- +&$ 3'"($#5 +,- , 3'(4#/#(3# 6+#/# %+# 35&#(% -&/#3%#- %+# 5,6.#/ %' 2/#$#(% ,$
2/&(3&2,5 -#4#($# 6&%(#$$#$ %6' 2#/$'($ 6+'$# %#$%&;'(&#$ 6#/# 2#/$'(,55. H('6( %' %+#
5,6.#/ %' +,:# 0##( 2#/I"/#-) T+# 5,6.#/ &(4'/;#- +&$ 35&#(% %+,% +# /#4"$#- %' 9' ,5'(9 6&%+
%+# "(6,//,(%#- 3'"/$# '4 ,3%&'( 2/'2'$#- 0. %+# -#4#(-,(%) B"% %+# 35&#(% &($&$%#- '( +&$
-&/#3%&:#, '/ #5$# +# 6'"5- ('% 2,. %+# ,9/##- ,%%'/(#.E$ 4##$)
W+#( %+# 3,$# 6,$ 3,55#- 4'/ +#,/&(9 %+# (#>% ;'/(&(9, %+# 5,6.#/ 4'/%+6&%+ ;':#- &(
'2#( 3'"/% %+,% +# 0# /#5&#:#- ,$ 3'"($#5 4'/ %+# -#4#(-,(%) B'%+ %+# -#4#(-,(% ,(- %+#
25,&(%&44E$ 3'"($#5 '0I#3%#- %' %+# ;'%&'()
A) U(-#/ %+# 9&:#( 4,3%$, &$ %+# -#4#($# 5,6.#/ 5#9,55. I"$%&4&#- &( $##H&(9 6&%+-/,6,5 4/';
%+# 3,$#8 W+. '/ 6+. ('%8 R#,$'( 0/&#45.)

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B) W,$ %+# ;'%&'( 4'/ /#5&#4 ,$ 3'"($#5 ;,-# 0. %+# -#4#($# 5,6.#/ &( 4"55 ,33'/- 6&%+ %+#
2/'3#-"/,5 /#G"&/#;#(%$ 4'/ , 5,6.#/E$ 6&%+-/,6,5 4'/; , 3'"/% 3,$#8 E>25,&( 0/&#45.)
A($6#/*
#. Y#$, the defense lawyer is legally &ustified in seeking withdrawal from the case because
6ule @@.7( of the 'ode of 3rofessional 6esponsibility provides that a lawyer may withdraw from a
case even without the consent of the client when the client pursues an illegal or immoral course of
conduct in connection with the matters he is handling, or when the client insists that the lawyer
pursue conduct violative of the canons and rules. 6ule (/.7+ provides that a lawyer shall impress
upon his client compliance with the laws and the principles of fairness. Hhile he owes his client
warm "eal, it should always be within the bounds of the law >'anon (), 'ode of 3rofessional
6esponsibility=.
,. N', 'anon A of the 'anons of 3rofessional Ethics requires a lawyer to serve a copy of his
petition upon his client and the adverse party at least three days before the date set for hearing,
otherwise the court may treat the application as a mere scratch of paper. e should moreover
present his petition well in advance of the trial of the action to enable the client to secure the
services of another lawyer. Hhether or not a lawyer has a valid cause to withdraw from a case, he
cannot &ust do so and leave the client in the cold unprotected.
Q"#$%&'(
A%%.) DDE$ $#/:&3#$ 6#/# #(9,9#- 0. M/) BB ,$ -#4#($# 3'"($#5 &( , 5,6$"&%) I( %+#
3'"/$# '4 %+# 2/'3##-&(9$, A%%.) DD -&$3':#/#- %+,% M/) BB 6,$ ,( ,9('$%&3 ,(- , +';'$#>",5)
B. /#,$'( %+#/#'4, A%%.) DD 4&5#- , ;'%&'( %' 6&%+-/,6 ,$ 3'"($#5 6&%+'"% M/) BBE$ #>2/#$$
3'($#(%) I$ A%%.) DDE$ ;'%&'( 5#9,55. %#(,05#8 R#,$'( 0/&#45.)
A($6#/
N', #tty. BB$s contention is not legally tenable. 'anon @@ of the 'ode of 3rofessional
6esponsibility and 'anon AA of the 'anons of 3rofessional Ethics provides that a lawyer or counsel
shall withdraw his services only for good cause. 1urthermore, 6ule @@.7(, 'anon @@ of the 'ode of
3rofessional 6esponsibility enumerates the instances when a lawyer may withdraw his services. In
the case at bar the reason of #tty. BB that Dr. ,, was an agnostic and a homosexual cannot be
considered as a good cause because it is not included in those mentioned in 6ule @@.7(, 'anon @@ of
the 'ode of 3rofessional 6esponsibility.
1urthermore, 0ection @C, 6ule (.* of the 6evised 6ules of 'ourt enunciates that written
consent of the client must be obtained first before an attorney can withdraw from the case in
certain cases. #ccordingly, #tty. BB$s right to retire from the case before its final ad&udication
arises only from the client$s written consent and for a good causes.
COUNSEL DE OFICIO
Q"#$%&'(
P/&;') S#9"(-' ,(- T#/3#/' ,/# 3'F,33"$#- &( ,( &(4'/;,%&'( 3+,/9&(9 %+#; 6&%+ %+#
3/&;# '4 +';&3&-#) T+#. ,/# /#$2#3%&:#5. /#2/#$#(%#- 0. A%%.$) B",( U(', B'$# D'$ ,(- P,05'
T/#$) D"/&(9 %+# 2/#F%/&,5 3'(4#/#(3#, A%%.$) U(' ,(- D'$ ;,(&4#$%#- %' %+# 3'"/% %+,% %+#&/
35&#(%$ ,/# &(:'H&(9 ,5&0& ,$ %+#&/ -#4#($#) A%%.) T/#$ ;,-# &% H('6( %+,% ,33"$#- T#/3#/'
-#(&#$ &(:'5:#;#(% ,(- 6'"5- %#$%&4. %+,% P/&;' ,(- S#9"(-' ,3%",55. 2#/2#%/,%#- %+#
3';;&$$&'( '4 %+# '44#($# 3+,/9#- &( %+# &(4'/;,%&'()
I( '(# +#,/&(9 -"/&(9 %+# 2/#$#(%,%&'( '4 %+# 2/'$#3"%&'(E$ #:&-#(3# &( 3+&#4, A%%.) U('
4,&5#- %' ,22#,/ &( 3'"/%) W+#( G"#/&#- 0. %+# B"-9# &4 ,33"$#- P/&;' &$ 6&55&(9 %' 2/'3##-
6&%+ %+# +#,/&(9 -#$2&%# +&$ 3'"($#5E$ ,0$#(3#, P/&;' 9,:# +&$ 3'($#(% 2/':&-#- A%%.$) D'$ ,(-
T/#$ 6'"5- 0# -#$&9(,%#- ,$ +&$ I'&(% 3'"($#5 de oficio 4'/ %+,% 2,/%&3"5,/ +#,/&(9) T+#/#"2'(,
%+# 3'"/% -&/#3%#- A%%.$) D'$ ,(- T/#$ %' ,3% ,$ 3'"($#5 de oficio '4 ,33"$#- P/&;' '(5. 4'/
2"/2'$#$ '4 %+# $3+#-"5#- +#,/&(9)
A%%.) D'$ ,33#2%#- +&$ -#$&9(,%&'(, 0"% A%%.) T/#$ /#4"$#-)
A) I$ %+#/# ,(. &;2#-&;#(% %' A%%.) D'$ ,3%&(9 ,$ 3'"($#5 de oficio 4'/ ,33"$#- P/&;'8
R#,$'()

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B) M,. A%%.) T/#$ 5#9,55. /#4"$# +&$ -#$&9(,%&'( ,$ 3'"($#5 de oficio '4 ,33"$#- P/&;'8
R#,$'()
A($6#/*
#. #tty. Bos may act as counsel de o(icio for accused 3rimo since both 3rimo and 0egundo are
invoking alibi as their defense. In criminal cases, it is the duty of a lawyer to undertake the defense
of a person accused of a crime due to the 'onstitutional presumption of innocence and that the
accused$s guilt must be proven beyond reasonable doubt.
,. #tty. !res may validly refuse his designation as counsel de o(icio of the accused 3rimo since
there is a conflict of interest between 3rimo and his client. !here is already an attorney-client
relationship that is existing between #tty. !res and !ercero and accepting the appointment as de
o(icio would adversely affect the interest of his client. !here is conflicting interest if there is
inconsistency in the interests of two or more opposing parties. !he test is whether or notin behalf
of one client, it is the lawyer$s duty to fight for an issue or claim but it is his duty to oppose it for
the other client. #tty. !res may not then be expected to fulfill his duty to render effective service
and exert his best effort on behalf of the accused.
BUD@E, PRACTICE OF LAW
T&
Q"#$%&'(
A$$";# %+,% .'"/ 4/&#(- ,(- 3'55#,9"#, B"-9# P#%#/ K) M,+&(,., , R#9&'(,5 T/&,5 C'"/%
I"-9# $%,%&'(#- ,% KL C&%., 6'"5- $##H .'"/ ,-:&3# /#9,/-&(9 +&$ &(%#(%&'( %' ,$H %+# 2#/;&$$&'(
'4 %+# S"2/#;# C'"/% %' ,3% ,$ 3'"($#5 4'/ ,(- %+"$ /#2/#$#(% +&$ 6&4# &( %+# %/&,5 '4 , 3&:&5 3,$#
4'/ -,;,9#$ 2#(-&(9 0#4'/# %+# R#9&'(,5 T/&,5 C'"/% '4 A2,//&, C,9,.,() W+,% 6'"5- 0# .'"/
,-:&3# %' +&;8 D&$3"$$ 0/&#45.)
A($6#/
#s a friend and colleague of :udge 3eter O. Dahinay, I would advise him not to represent his
wife as counsel but instead seek the services of another counsel. -nder 6ule (.*, 0ection ./ of the
6evised 6ules of 'ourt, &udges are prohibited from engaging in the private practice of law or giving
professional advice to clients. !his is reiterated in 6ule /.7+ of the 'ode of :udicial 'onduct, thus,
8# &udge shall not engage in the private practice of law. -nless prohibited by the 'onstitution or
law, a &udge may engage in the practice of any other profession provided that such practice will not
conflict or tend to conflict with his &udicial functions.9
In Gragera vs. 1rancisco, #.D. 2o. 6!:-7@-(C+7, :une @C, @77., A7/ 0'6# (+, 8!he
proscription against the private practice of law, or &ust giving professional advice to clients, by
:udges is based on public policy. !he prohibition applies equally well to the appointment of and
acceptance by &udges to the post of attorney-in-fact in actual litigations, a fact which also, by and
large, incompatible with the high office, functions, prestige and privileges of a &udge. It is of no
moment, lbeit worse, that the case where he accepts such designation as attorney-in-fact is one
that pends before his own court. !he mere perception that the &udge might or could unduly
influence the conduct, as well as the outcome of the case, can undermine, or compromise in the
eyes of the public at the very least, the integrity and independence of the court. !hus, it is often
said, a &udge should avoid not only an actual impropriety but also even the appearance of
impropriety.9
UNBUST BUD@MENT

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Q"#$%&'(*
A%%.) B,/,D' 4&5#- , 3&:&5 $"&% 4'/ -,;,9#$ ,9,&($% +&$ 0"$&(#$$ ,$$'3&,%#$) A4%#/ -"# %/&,5,
B"-9# D#I,-' /#(-#/#- I"-9;#(% -&$;&$$&(9 A%%.) B,/,D'E$ 3';25,&(%) A%%.) B,/,D' -&- ('%
,22#,5 4/'; %+# -#3&$&'( /#(-#/#- 0. B"-9# D#I,-', %+#/#0. /#(-#/&(9 %+# I"-9;#(% 4&(,5 ,(-
#>#3"%'/.) T+#/#,4%#/, A%%.) B,/,D' 5'-9#- , 3/&;&(,5 3';25,&(% ,33"$&(9 B"-9# D#I,-' '4
/#(-#/&(9 , ;,(&4#$%5. "(I"$% I"-9;#(% 0#4'/# %+# O44&3# '4 %+# O;0"-$;,() W&55 A%%.)
B,/,D'E$ 3';25,&(% ,9,&($% B"-9# D#I,-' 2/'$2#/8 W+. '/ 6+. ('%8 R#,$'()
A($6#/*
#tty. :ara"o$s complaint against :udge Be&ado for rendering a manifestly un&ust &udgment
before the 5ffice of the 5mbudsman will not prosper. In eirs of the 4ate :ustice :ose ,.4. 6eyes
vs. Bemetria, #.D. 2o. '#-7(-@(, :anuary @., @77@, .+A 0'6# @7C, 8In order to discipline a &udge, it
must be clearly shown that the &udgment or order is un&ust as being contrary to law and that the
&udge rendered it with conscious and deliberate intent to do an in&ustice. :udges cannot be
sub&ected to liability%civil, criminal or administrative%for any of their official acts, no matter how
erroneous, so long as they act in good faith. It is only when they act fraudulently or corruptly, or
with gross ignorance may they be held criminally or administratively responsible. #n erroneous
decision or order is presumed to have been issued in good faith in the absence of proof to the
contrary.9 !hus, absence of any cavil that the &udgment is un&ust as being contrary to law or is not
supported by evidence, and that the &udge rendered it with conscious and deliberate intent to do
an in&ustice, the criminal complaint against :udge Be&ado will not prosper.
PARTIALITY
Q"#$%&'(*
B"-9# A4&3&'(,-' 6,$ ,;'(9 %+# $#:#/,5 %+'"$,(-$ '4 $2#3%,%'/$ 6,%3+&(9 , 0,$H#%0,55
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B,/,33' &( %+# 3'"/$# '4 %+# 9,;#) T+# 3/&;&(,5 3,$# 3'//#$2'(-&(95. 4&5#- ,9,&($% B,/,33' 4'/
%+# $%,00&(9 '4 M,.H&55&(9 6,$ /,445#- %' %+# R#9&'(,5 T/&,5 C'"/% B/,(3+ 2/#$&-#- ':#/ 0. B"-9#
A4&3&'(,-') S+'"5- B"-9# A4&3&'(,-' $&% &( I"-9;#(% ':#/ ,(- %/. %+# 3,$# ,9,&($% B,/,33'8
E>25,&()
A($6#/*
:udge #ficionado should not sit in &udgment over the case. 6ule ..(@ of the 'ode of :udicial
'onduct provides the instances in which 8a &udge should take no part in a proceeding where the
&udge$s impartiality might reasonably be questioned. !hese cases include, among others,
proceedings where< >a= the &udge has personal knowledge of disputed evidentiary facts concerning
the proceedingP9 !he rule on disqualification of a &udge, whether compulsory or voluntary, to hear
a case finds its rationale in the salutary principle that no &udge should preside in a cause in which
he is not wholly free, disinterested, impartial and independent, which is aimed at preserving the
people$s faith and confidence in the courts of &ustice. !he &udge may, however, 8instead of
withdrawing from the proceeding, disclose on the record the basis of disqualification. If based on
such disclosure, the parties and lawyers independently of the &udge participation, all agree in
writing that the reason for the inhibition is immaterial or insubstantial, the &udge may then
participate in the proceeding.9 >6ule ..(. of the 'ode of :udicial 'anon= !his is known as remittal
of disqualification.
DISBARMENT
DELAY IN FILIN@ A COMPLAINT
Q"#$%&'(<
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-&$0,/;#(% $#:#( .#,/$ ,4%#/ %+# ,55#9#- $#-"3%&'( 6,$ 3';;&%%#-)
A%%.) M,5&0" 3'(%#(-#- %+,%, 3'($&-#/&(9 %+# 2#/&'- '4 -#5,., %+# 3';25,&(% 4&5#- ,9,&($%
+&; 3,( (' 5'(9#/ 0# #(%#/%,&(#- ;"3+ 5#$$ 2/'$#3"%#- 0#3,"$# %+# ,55#9#- '44#($# +,$
,5/#,-. 2/#$3/&0#-) I$ A%%.) M,5&0"E$ 3'(%#(%&'( %#(,05# '/ ('%8 R#,$'( 0/&#45.)

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San Beda
College of Law
L E G A L
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E X E R C I S E S
A($6#/<
N', #tty. Dalibu$s contention is bereft of any merit. In Dacarrubo vs. #tty. Dacarrubo M#.'.
2o. C(A*. 1ebruary @+, @77AN, 8#s officers of the court, lawyers must not only in fact be of good
moral character but must also be perceived to be of good moral character and must lead a life in
accordance with the highest moral standards of the community. !he moral delinquency that affects
the fitness of a member of the bar to continue as such, including that which makes a mockery of
the inviolable social institution of marriage, outrages the generally accepted moral standards of the
community.
8In sum, respondent has breached the following precepts of the 'ode of 3rofessional
6esponsibility<
86ule (.7( % # lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
8'#252 + % # lawyer shall at all times uphold the integrity and dignity of the legal
profession, and support the activities of the Integrated ,ar.
86ule +.7. % # lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession.9
DISBARMENT PROCEDURE
Q"#$%&'(<
A -&$0,/;#(% 3';25,&(% ,9,&($% , 5,6.#/ 6,$ /#4#//#- 0. %+# S"2/#;# C'"/% %' , B"-9#
'4 %+# R#9&'(,5 T/&,5 C'"/% 4'/ &(:#$%&9,%&'(, /#2'/% ,(- /#3';;#(-,%&'() O( %+# -,%# $#% 4'/
%+# +#,/&(9 '4 %+# 3';25,&(%, %+# B"-9# +,- %+# 3,$# 3,55#- 4'/ %/&,5 &( '2#( 3'"/% ,(-
2/'3##-#- %' /#3#&:# #:&-#(3# 4'/ %+# 3';25,&(,(%) W+,% 6'"5- .'" +,:# -'(# &4 .'" 6#/# %+#
3'"($#5 4'/ %+# /#$2'(-#(%F5,6.#/8 W+.8 R#,$'( 0/&#45.)
A($6#/<
#s the counsel for the respondent lawyer, I shall ask that the complaint be dismissed since
the procedure provided under the 6ules of 'ourt was not followed. It is provided in 6ule (.)-, of
the 6evised 6ules of 'ourt that if the 'ourt deems it necessary that further inquiry should be made
in connection with a disbarment case, such as when the matter could not be resolved by merely
evaluating the pleadings submitted, a referral is made to the 0olicitor General, any officer of the
0', or any &udge of a lower court for a formal investigation of the case during which it is only the
respondent who is given the right to fully defend himself, to present witnesses on his behalf and be
heard by himself and counsel. !he complainant in such cases does not have the right to present
evidence.
MORAL TURPITUDE
Q"#$%&'(*
A%%.) W,5,$"(%' +,$ 0##( , ;#;0#/ '4 %+# P+&5&22&(# B,/ 4'/ %6#(%. .#,/$ 0"% +,$ (#:#/
2/,3%&3#- +&$ 2/'4#$$&'( ,$ , 5,6.#/) A&$ $'5# ;#,($ '4 5&:#5&+''- &$ $#55&(9 ,(- 0".&(9 /#,5
#$%,%#) I( '(# '4 +&$ %/,($,3%&'($ ,$ , /#,5 #$%,%# 0/'H#/, +# &$$"#- , 0'"(3&(9 3+#3H) A# 6,$
3/&;&(,55. 2/'$#3"%#- ,(- $"0$#G"#(%5. 3'(:&3%#- 4'/ :&'5,%&(9 B)P) B59) 22) I( %+# -&$0,/;#(%
2/'3##-&(9$ 4&5#- ,9,&($% +&;, A%%.) W,5,$"(%' 3'(%#(-#- %+,% +&$ 3'(:&3%&'( 4'/ :&'5,%&'( '4
B)P) B59) 22 6,$ ('% , :,5&- 9/'"(- 4'/ -&$3&25&(,/. ,3%&'( ,9,&($% , ;#;0#/ '4 %+# 0,/) A#
4"/%+#/ ,/9"#- %+,% +&$ ,3% &( &$$"&(9 %+# 3+#3H 6,$ -'(# &( /#5,%&'( %' +&$ 3,55&(9 ,$ , /#,5
#$%,%# 0/'H#/ ,(- ('% &( /#5,%&'( %' %+# #>#/3&$# '4 %+# 2/'4#$$&'( '4 , 5,6.#/) A/# %+#
3'(%#(%&'($ '4 A%%.) W,5,$"(%' ;#/&%'/&'"$ '/ ('%8 R#,$'()
A($6#/<
NO, the contentions of #tty. Halasunto are not meritorious. -nder 0ection @+, 6ule (.* of
the 6evised 6ules of 'ourt, a lawyer may be disbarred or suspended from his office as attorney by

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the 0upreme 'ourt by reason of his conviction of a crime involving moral turpitude. !he term
8moral turpitude9 means anything which is done contrary to &ustice, honesty, modesty or good
morals, or to any act of vileness, baseness or depravity in the private and social duties that a man
owes his fellowmen or to society, contrary to the accepted rule of right and duty between man and
man. >In re Gutierre", G6 #dm. 'ode 2o. .C., :uly .(, ()C@=.
In 0anche" vs. 0omoso, #.'. 2o. C7C(, 5ctober ., @77., A(@ 0'6# /C), the 0upreme 'ourt
said 8x x x 'learly 6espondent$s action of issuing his personal checks in payment for his medical
bills, knowing fully well that his account with the drawee bank has by then already been closed,
constituted a gross violation of the basic norm of integrity required of all members of the legal
profession. !he 'ode of 3rofessional 6esponsibility specifically mandates that<
8'anon (%# lawyer shall uphold the constitution, obey the laws of the land and promote
respect for law and legal processes.9
86ule (.7(.%# lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.9
8'anon +.%# lawyer shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the integrated bar.
86ule +.7.%# lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.9
!he canons emphasi"e the high standard of honesty and fairness expected of a lawyer not
only in the practice of the legal profession but also in his personal dealings as well. # lawyer must
conduct himself with great propriety, and his behavior should be beyond reproach anywhere and at
all times.9 ence, any gross misconduct on the part of a lawyer, though not related to his
professional duties as member of the bar, which puts his moral character in serious doubt, may
render him unfit to continue in the practice of law. 4ikewise, by his conviction, the lawyer himself
has shown that he is unfit to protect the administration of &ustice or that he is no longer of good
moral character, either of which &ustifies his suspension or disbarment.

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San Beda
College of Law
L E G A L
E T H I C S &
P R A C T I C A L
E X E R C I S E S
PROCEDURE FOR DISBARMENT OR DISCIPLINE OF ATTORNEYS
BY TAE SUPREME COURT, #OTU 5RO5IO (RULE 139FB!

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0upreme 'ourt shall refer the case to an
investigator, who may either be<
0olicitor General,
#ny officer of the 0', or
#ny &udge of a lower court
6E356! !5 0-36EDE '5-6! >to be submitted not
later than .7 days from investigation$s termination=
6E356! D-0! '52!#I2 !E I2EE0!IG#!56$0<
1indings of fact
6ecommendations
0-36EDE '5-6! 156
6EEIEH Q :-BGDE2!
R#$2'(-#(% N'%&4&#-
INJESTI@ATION
>terminate within . months=
6E0352BE2!$0 EE6I1IEB #20HE6 >Dust be
filed within (/ days from service=
PROCEDURE FOR DISBARMENT OR DISCIPLINE
OF ATTORNEYS BY TAE IBP

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I,3 )otu Propio >'ommittee on
,ar Biscipline through 2ational
Grievance Investigator=
EE6I1IEB '5D34#I2! !5 !E I,3 ,G
#2G 3E6052
'omplaint must be<
(. In writing
@. 0tate facts complained of
.. 0upported by affidavits Q
documents
0hall appoint an investigator Q panel
of investigators and notify respondent
I1 DE6I!56I5-0, 6E0352BE2!$0
EE6I1IEB #20HE6 >Dust be filed
within (/ days from service=
6E'5DDE2B BI0DI00#4
I1 25! DE6I!56I-0
BI0DI00#4 ,G ,5#6B 51
G5EE62560
INJESTI@ATION >terminate within .
months=
(. Investigator may issue
subpoenas
@. 3rovide respondent with
opportunity to be heard.
.. Day proceed with investigation
e< prte should respondent fail
to appear
REPORT TO BOARD OF @OJERNORS
>0ubmitted not later than .7 days from
termination of investigation=
containing<
1indings of facts
6ecommendations
Bisbar
0uspend
Bismiss
0-36EDE '5-6!
156 :-BGDE2!
I00-E BE'I0I52 I1<
Exonerated
0anction is less
than
suspension Q
disbarment
,5#6B 51 G5EE62560
156 6EEIEH >issues a

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