LEGAL ETHICS is a branch of moral science, which treats of the duties which an attorney owes to

the court, to the client, to his colleagues in the profession and to the public as embodied in the Constitution,
Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral
laws and special laws.
Original Bases of Legal Ethics:
1. Canons of Professional Ethics
2. Supreme court ecisions
!. Statistics
". Constitution
#. $reatises and publications
Present Basis of the Philippine Legal System: Code of Professional Responsibility.
BA !" BE#CH
Refers to the whole body of attorneys and denotes the whole body of judges
counselors, collecti%ely the members of
the legal profession
Practice of La$ any acti%ity, in or out of court which re&uires the application of law, legal procedure,
'nowledge, training and e(perience. $o engage in the practice of law is to gi%e notice or render any
'ind of ser%ice, which or de%ise or ser%ice re&uires the use in any degree of legal 'nowledge or s'ill
)Cayetano v. Monsod, 201 SCRA 210).
Attorney%at%la$&Co'nsel%at%la$&Attorney&Co'nsel& A(oga)o&Boceros: that class of persons who are
licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar
duties, responsibilities, and liabilities are de%eloped by law as a conse&uence (Cui v. Cui, 120 Phil.
729).
Attorney in fact an agent whose authority is strictly limited by the instrument appointing him, though he may
do things not mentioned in his appointment necessary to the performance of the duties specifically
re&uired of him by the power of attorney appointing him, such authority being necessarily implied. *e is
not necessarily a lawyer.
Co'nsel de Oficio a counsel, appointed or assigned by the court, from among members of the +ar in good
standing who, by reason of their e(perience and ability, may ade&uately defend the accused.
Note: ,n localities where members of the +ar are not a%ailable, the court may appoint any person,
resident of the pro%ince and good repute for probity and ability, to defend the accused. Se. 7, Rule
11!, Rules o" Cou#t.
Attorney ad hoc a person named and appointed by the court to defend an absentee defendant in the suit in
which the appointment is made )$ienvenu v. %ato#&s o" '#ade#s (nsu#ane C)., ** +a.Ann.209)
Attorney of ecor) % one who has filed a notice of appearance and who hence is formally mentioned in court
records as the official attorney of the party. Person whom the client has named as his agent upon
whom ser%ice of papers may be made.
)Reynolds v. Reynolds, Cal.2d,-0).
Of Co'nsel to distinguish them from attorneys of record, associate attorneys are referred to as -of counsel.
), A.. /u#. 2!1).
Lea) Co'nsel $he counsel on their side of a litigated action who is charged with the principal management
and direction of a party/s case.
Ho'se Co'nsel 0awyer who acts as attorney for business though carried as an employee of that business
and not as an independent lawyer.
Bar Association 1 an association of members of the legal profession.
A)*ocate $he general and popular name for a lawyer who pleads on behalf of someone else.
Barrister )England2 1 a person entitled to practice law as an ad%ocate or counsel in superior court.
Proctor )England2 1 3ormerly, an attorney in the admiralty and ecclesiastical courts whose duties and
business correspond to those of an attorney at law or solicitor in Chancery.
Titulo de Abogado - it means not mere possession of the academic degree of +achelor of 0aws but
membership in the +ar after due admission thereto, &ualifying one for the practice of law.
A+,ISSIO# TO THE PACTICE O- LA.
$he S'preme Co'rt has the power to control and regulate the practice of law. $hus, the Constitution, under
4rticle 5,,,, Sec. # )#2 pro%ides6
Se. ,. 'he Su)#e.e Cou#t shall have the "ollo0in1 )o0e#s:
(,) P#o.ul1ate #ules one#nin1 the )#otetion and en"o#e.ent o"
onstitutional #i1hts, )leadin1, )#atie and )#oedu#e in all ou#ts, the
ad.ission to the )#atie o" la0, the (nte1#ated $a#, and le1al
assistane to the unde# )#ivile1ed.
$he Supreme Court acts through a Bar E/amination Committee in the E(ercise of his judicial function to
admit candidates to the legal profession.
The Bar E/amination Committee:
Composed of )12 member of the Supreme Court who acts as Chairman and eight )72 members of
the bar.
$he 7 members act as e(aminers for the 7 bar subjects with one subject assigned to each.
$he +ar Confidant acts as a sort of liason officer between the court and the +ar Chairman on the
other hand, and the indi%idual members of the committee on the other. *e is at the same time a
deputy cler' of court.
4dmission of e(aminees is always subject to the final appro%al of the court.
Practice of La$
$he practice of law is a pri%ilege granted only to those who possess the S$R,C$ ,8$E00EC$940 48
:;R40 <940,3,C4$,;8S re&uired of lawyers who are instruments in the effecti%e and efficient administration
of justice. )(n Re: A#1osino, 1997).
e0'irements for a)mission to the Bar:
1. citi=en of the Philippines
2. at least 21 years old
!. of good moral character
". Philippine resident
#. Production before the supreme court satisfactory e%idence of6
a. good moral character
b. no charges against him, in%ol%ing moral turpitude, ha%e been filed or are pending in any court in
the Philippines.
e0'irement of Goo) ,oral Character: a continuing re&uirement> 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 e(clusi%e and honored fraternity. )'a)ua# vs. 'a)ua#, 199-)
Aca)emic e0'irements for Can)i)ates:
1. a bachelor/s degree in arts and sciences )pre@law course2
2. a completed course in6
a. ci%il law
b. commercial law
c. remedial law
d. public international law
e. pri%ate international law
f. political law
g. labor and social legislation
h. medial jurisprudence
i. ta(ation
j. legal ethics
#on%la$yers $ho may (e a'thori1e) to appear in co'rt:
1. Cases 2e"o#e the M'C6 Party to the litigation, in person ;R through an agent or friend or
appointed by him for that purpose )Se. *3, Rule 1*-, RRC)
2. $e"o#e any othe# ou#t6 Party to the litigation, in person )(2id.)
!. C#i.inal ase 2e"o#e the M'C in a loality 0he#e a duly liensed .e.2e# o" the $a# is not availa2le6
the judge may appoint a non@lawyer who is6
a. resident of the pro%ince
b. of good repute for probity and ability to aid the accused in his defense (Rule 11!, Se. 7,
RRC).
". 0egal 4id Program @ 4 senio# la0 student, who is enrolled in a recogni=ed law school/s clinical
education program appro%ed by the supreme Court may appear before any court without
compensation, to represent indigent clients, accepted by the 0egal Clinic of the law school. 'he
student shall 2e unde# the di#et su)e#vision and ont#ol o" an ($P .e.2e# duly a#edited 2y the
la0 shool.
#. 9nder the 0abor code, non@lawyers may appear before the 80RC or any 0abor 4rbiter, if
a. they represent themsel%es, or if
b. they represent their organi=ation or members thereof (A#t 222, P4 332, as a.ended).
A. 9nder the Cadastral 4ct, a non@lawyer can represent a claimant before the Cadastral Court (At no.
22,9, Se. 9).
P'(lic Officials $ho cannot engage in the pri*ate practice of La$ in the Philippines:
1. Budges and other officials as employees of the Supreme Court (Rule 13-, Se. *,, RRC).
2. ;fficials and employees of the ;SC ((2id.)
3. Co%ernment prosecutors (Peo)le v. 5illanueva, 13 SCRA 109).
4. President, 5ice@President, members of the cabinet, their deputies and assistants (A#t. 5((( Se. 1,,
19-7 Constitution).
5. :embers of the Constitutional Commission (A#t (67A, Se. 2, 19-7 Constitution)
6. ;mbudsman and his deputies (A#t. (6, Se. - (2
nd
)a#), 19-7 Constitution)
7. 4ll go%ernors, city and municipal mayors (R.A. No. 71!0, Se. 90).
7. $hose prohibited by special law
P2BLIC O--ICIALS .ITH ESTICTIO#S I# THE PACTICE O- LA.
1. 8o Senator as member of the *ouse of Representati%e may personally appear as counsel before
any court of justice as before the Electoral $ribunals, as &uasi@judicial and other administration
bodies (A#t. 5(, Se. 13, 19-7 Constitution).
2. 9nder the 0ocal Co%ernment Code (RA 71!0, Se. 91) Sanggunian members may practice their
professions pro%ided that if they are members of the +ar, they shall not6
a. appear as counsel before any court in any ci%il case wherein a local go%ernment unit or any
office, agency, or instrumentality of the go%ernment is the ad%erse party>
b. appear as counsel in any criminal case wherein an officer or employee of the national or local
go%ernment is accused of an offense committed in relation to his office>
c. collect any fee for their appearance in administrati%e proceedings in%ol%ing the local
go%ernment unit of which he is an official>
d. use property and personnel of the go%ernment e(cept when the Sanggunian member
concerned is defending the interest of the go%ernment.
!. 9nder RA 910, Se. 1, as amended, a retired justice or judge recei%ing pension from the
go%ernment, cannot act as counsel in any ci%il case in which the Co%ernment, or any of its
subdi%ision or agencies is the ad%erse party or in a criminal case wherein an officer or employee of
the Co%ernment is accused of an offense in relation to his office.
ATTO#E34S OATH
I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support its constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will
not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion, with all good fdelity as well to the court as to
my clients; and I impose upon myself this voluntary obligations without any mental reservation or
purpose of evasion. So help me God. (Form 28, RRC)
#at're of La$yer5s Oath
$he lawyer?s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and 'ept
in%iolable. )Se2astian vs. Calis, 1999)
,t is 8;$ a mere ceremony or formality for practicing law. E%ery lawyer should at all times weigh his actions
according to the sworn promises he made when ta'ing the lawyer?s oath. )(n Re: A#1osino, 1997, (n Re:
A#thu# M. Cuevas, 199-).
CO+E O- PO-ESSIO#AL ESPO#SIBILIT3
CHAPTE 6
LA.3E A#+ SOCIET3
CA#O# 6 A la$yer shall 'phol) the constit'tion7 o(ey the la$s of the lan) an) promote
respect for la$ an) for legal processes
uties of 4ttorneys6
a. to maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines>
b. to obser%e and maintain the respect due to the courts of justice and judicial officers>
c. to counsel or maintain such actions or proceedings only as appear to him as just, and such
defenses only as he belie%es to be honestly debatable under the laws>
d. to employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and ne%er see' to mislead the judge or any judicial
officer by an artifice or false statement of fact or law>
e. to maintain in%iolate the confidence, and at e%ery peril to himself, to preser%e the secrets of
his client, and to accept no compensation in connection with his client?s business e(cept
from him or with his 'nowledge and appro%al>
f. to abstain from all offensi%e personality and to ad%ance no fact prejudicial to the honor or
reputation of a party or witness, unless re&uired by the justice of the cause with which he is
charged>
g. not to encourage either the commencement or the continuance of an action or proceeding,
or delay any man?s cause for any corrupt moti%e or interest>
h. ne%er to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed>
i. in the defense of a person accused of a crime, by all fair and honorable means, regardless
of his personal opinion as to the guilt of the accused, to present e%ery defense that the law
permits, to the end that no person may be depri%ed of life or liberty, but by due process of
law.
'le 6"86 A la$yer shall not engage in 'nla$f'l7 )ishonest7 immoral or )eceitf'l
con)'ct"
Con%iction for crimes in%ol%ing moral turpitude 1 a number of lawyers ha%e been suspended or disbarred
for con%iction of crimes in%ol%ing moral turpitude such as6
a. estafa
b. bribery
c. murder
d. seduction
e. abduction
f. smuggling
g. falsification of public documents
:orality as understood in law @ $his is a human standard based on natural moral law which is embodied in
man/s conscience and which guides him to do good and a%oid e%il.
:oral $urpitude6 any thing that is done contrary to justice, honesty, modesty or good morals.
,mmoral Conduct6 that conduct which is willful, flagrant, or shameless and which shows a moral
indifference to the opinion of the good and respectable members of the community (A#i1a vs. Mani0a1,
10! SCRA ,91).
Crossly ,mmoral Conduct6 ;ne that is so corrupt and false as to constitute a criminal act or so unprincipled
or disgraceful as to be reprehensible to a high degree> it is a D,00390, 304CR48$ or S*4:E0ESS 4C$
which shows a :;R40 ,8,33ERE8CE to the opinion of respectable members of the community. )Na#a1
vs. Na#a1, 199-)
'le 6"89 A la$yer shall not co'nsel or a(et acti*ities aime) at )efiance of the la$ or at
lessening confi)ence in the legal system"
'le 6"8: A la$yer shall not7 for any corr'pt moti*e or interest7 enco'rage any s'it or
procee)ing or )elay any man4s ca'se"
'le 6"8; A la$yer shall enco'rage his clients to a*oi)7 en) or settle the contro*ersy if
it $ill a)mit of a fair settlement"
,f a lawyer finds that his client/s cause is defenseless, it is his burdenEduty to ad%ise the latter to ac&uiesce
and submit, rather than tra%erse the incontro%ertible.
,t is unprofessional for a lawyer to %olunteer ad%ice to bring a lawsuit, e(cept in rare cases where the blood,
relationship or trust ma'es it his duty to do so.
$emper client/s propensity to litigate.
Should not be an instigator of contro%ersy but a mediator for concord and conciliator for compromise.
$he law %iolated need not be a penal law. -Mo#al 'u#)itude. 1 e%erything which is done contrary to justice,
honesty, modesty or good morals.
Ci%e ad%ice tending to impress upon the client and his underta'ing e(act compliance with the strictest
principles of moral law.
9ntil a statute shall ha%e been construed and interpreted by competent adjudication, he is free and is
entitled to ad%ise as to its %alidity and as to what he conscientiously belie%es to be its just meaning and
e(tent.
4 lawyer has the obligation not to encourage suits. $his is so as to pre%ent barratry and ambulance
chasing.
$a##at#y 8 offense of fre&uently e(citing and stirring up &uarrels and suits, either at law or otherwise>
0awyer/s act of fomenting suits among indi%iduals and offering his legal ser%ices to one of them.
A.2ulane Chasin1 8 4ct of chasing %ictims of accidents for the purpose of tal'ing to the said %ictims )or
relati%es2 and offering his legal ser%ices for the filing of a case against the person)s2 who caused the
accident)s2.
CA#O# 9 A la$yer shall ma<e his legal ser*ices a*aila(le in an efficient an) con*enient
manner compati(le $ith the in)epen)ence7 integrity an) effecti*eness of the
profession"
'le 9"86 A la$yer shall not re=ect7 e/cept for *ali) reasons7 the ca'se of the
)efenseless or oppresse)"
'le 9"89 In s'ch a case7 e*en if a la$yer )oes not accept a case7 he shall not ref'se to
ren)er legal a)*ise to the person concerne) if only to the e/tent necessary to safeg'ar)
latter4s rights"
'le 9"8: a la$yer shall not )o or permit to (e )one any act )esigne) primarily to
solicit legal ('siness"
Primary characteristics which distinguish the legal profession from business>
a. duty of ser%ice, of which the emolument is a by product, and in which one may attain the highest
eminence without ma'ing such money>
b. a relation as an Fofficer of court/ to the administration of justice in%ol%ing thorough sincerity, integrity
and reliability>
c. a relation to clients in the highest degree of fiduciary>
d. a relation to colleagues at the bar characteri=ed by candor, fairness and unwillingness to resort to
current business methods of ad%ertising and encroachment on their practice or dealing with their
clients.
9e"enseless 1 not in the position to defend themsel%es due to po%erty, wea'ness, ignorance or other
similar reasons.
4))#essed 1 %ictims of acts of cruelty, unlawful e(action, domination or e(cessi%e use of authority.
'le on A)*ertisements
General 'le6 8o ad%ertisements allowed. $he most worthy and effecti%e ad%ertisement possible is the
establishment of a well@merited reputation for professional capacity and fidelity to trust.
0awyers may not ad%ertise their ser%ices or e(pertise nor should not resort to indirect
ad%ertisements for professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in which the
lawyer has been engaged or concerning the manner of their conduct, the magnitude of the
interest in%ol%ed, the importance of the lawyer?s position, and all other self@laudation.
E/ceptions& Permissi(le a)*ertisements:
1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons,
of brief biographical and informati%e data, are allowed.
2. ;rdinary simple professional Card. ,t may contain only a statement of his name, the name of the
law firm which he is connected with, address, telephone number and the special branch of law
practiced.
!. 4 simple announcement of the opening of a law firm or of changes in the partnership, associates,
firm name or office address, being for the con%enience of the profession, is not objectionable.
". 4d%ertisements or simple announcement of the e(istence of a lawyer or his law firm posted
anywhere it is proper such as his place of business or residence e(cept courtrooms and
go%ernment buildings.
#. 4d%ertisements or announcement in any legal publication, including boo's, journals, and legal
maga=ines.
'le 9"8; A la$yer shall not charge rates lo$er than those c'stomarily or prescri(e)7
'nless circ'mstances so $arrant"
4 lawyer cannot delay the appro%al of a compromise agreement entered into between parties, just because
his attorney/s fees were not pro%ided for in the agreement.
Rule6 4 lawyer cannot compromise the case without client/s consent )special authority2. E(ception6 0awyer
has e(clusi%e management of the procedural aspect of the litigation )e.g. Submission for decision on the
e%idence so far presented. +ut in case where lawyer is confronted with an emergency and promptEurgent
action is necessary to protect clients interest and there/s no opportunity for consultation, the lawyer may
compromise.
Rule6 Refrain from charging rates lower than the customary rates.
5alid Bustification6 relati%es, co@lawyers, too poor
CA#O# : A la$yer in ma<ing <no$n is legal ser*ices shall 'se only tr'e7 honest7 fair
)ignifie) an) o(=ecti*e information or statement of facts"
'le :"86 A la$yer shall not 'se or permit the 'se of any false7 fra')'lent7 mislea)ing7
)ecepti*e7 'n)ignifie)7 self%a')itory or 'nfair statement or claim regar)ing his
0'alifications or legal ser*ices"
5iolation of Rule !.G1 is unethical, whether done by him personally or through another with his permission.
'le :"89 In the choice of a firm name7 no false7 mislea)ing7 or ass'me) name shall (e
'se)" The contin'e) 'se of the name of a )ecease) partner is permissi(le pro*i)e) that
the firm in)icates in all its comm'nication that sai) partner is )ecease)"
'le :"8: .here a partner accepts p'(lic office7 he shall $ith)ra$ from the firm an) his
name shall (e )roppe) from the firm name 'nless the la$ allo$s him to practice la$
conc'rrently"
'le :"8; A la$yer shall not pay or gi*e anything of *al'e to representati*es of the
mass me)ia in anticipation of7 or in ret'rn for7 p'(licity to attract legal ('siness"
,t is unethical to use the name of a foreign firm.
eath of a partner does not e(tinguish attorney@client relationship with the law firm.
8egligence of a member in the law firm is negligence of the firm.
CA#O# ; A la$yer shall participate in the impro*ement of the legal system (y initiating or
s'pporting efforts in la$ reform an) in the a)ministration of ='stice"
E(amples6 Presenting position papers or resolutions for the introduction of pertinent bills in congress>
Petitions with the Supreme Court for the amendment of the Rules of Court.
CA#O# > A la$yer shall <eep a(reast of legal )e*elopments7 participate in contin'ing legal
e)'cation programs7 s'pport efforts to achie*e high stan)ar)s in la$ schools as $ell as in the
practical training of st')ents an) assist in )isseminating information regar)ing the la$ an)
='rispr')ence"
O(=ecti*es of integration of the Bar
$o ele%ate the standards of the legal profession
$o impro%e the administration of justice
$o enable the +ar to discharge its responsibility more effecti%ely.
The three%fol) o(ligation of a la$yer
3irst, he owes it to himself to continue impro%ing his 'nowledge of the laws>
Second, he owes it to his profession to ta'e an acti%e interest in the maintenance of high standards
of legal education>
$hird, he owes it to the lay public to ma'e the law a part of their social consciousness.

CA#O# ? These canons shall apply to la$yers in go*ernment ser*ice in the )ischarge of
their official tas<s"
Pu2li 4""iials 1 include electi%e and appointi%e officials and employees, permanent or temporary, whether
in the career or non@career ser%ice, including military and police personnel, whether or not they recei%e
compensation, regardless of amount. (Se. * (2), RA !71*).
$he law re&uires the obser%ance of the following norms of conduct by e%ery public official in the discharge
and e(ecution of their official duties6
a. commitment to public interest
b. professionalism
c. justness and sincerity
d. political neutrality
e. responsi%eness to the public
f. nationalism and patriotism
g. commitment to democracy
h. simple li%ing )Se. 3, RA !71*)
'le ?"86 The primary )'ty of a la$yer engage) in p'(lic prosec'tion is not to con*ict
('t to see that ='stice is )one" The s'ppression of facts or the concealment of $itnesses
capa(le of esta(lishing the innocence of the acc'se) is highly reprehensi(le an) is
ca'se of )isciplinary action"
'le ?"89 A la$yer in the go*ernment ser*ice shall not 'se his p'(lic position to
promote or a)*ance his pri*ate interest7 nor allo$ the latter to interfere $ith his p'(lic
)'ties"
'le ?"8: A la$yer shall not7 after lea*ing go*ernment ser*ice7 accept engagements or
employment in connection $ith any matter in $hich he ha) inter*ene) $hile in sai)
ser*ice"
5arious ways a go%ernment lawyer lea%es go%ernment ser%ice6
a. retirement
b. resignation
c. e(piration of the term of office
d. dismissal
e. abandonment
<6 Dhat are the pertinent statutory pro%isions regarding this RuleH
46 Sec. ! )d2 R4 !G1I as amended and Sec. J )b2, R4 AJ1!
Sec !. Co##u)t )#atie o" Pu2li 4""ie#s. ,n addition to acts or omission of public officers
already penali=ed by e(isting law, the following shall constitute corrupt practice of any public officer and
are hereby declared to be unlawful6
)d2 accepting or ha%ing any member of his family accept employment in a pri%ate enterprise which has
pending official business with him during the pendency thereof or within one year after termination.
Section J )b2 of R4 AJ1! prohibits officials from doing any of the following acts6
1. own, control, manage or accept employment as officer, employee, consultant, counsel,
bro'er, agent, trustee or nominee in any pri%ate enterprise regulated, super%ised or licensed
by their office unless e(pressly allowed by law.
$hese prohibitions shall continue to apply for a period of one )12 year after resignation,
retirement, or separation from public office, e(cept in the case of subparagraph )b2 )22 abo%e,
but the professional concerned cannot practice his profession in connection with any matter
before the office he used to be with, in which case the one year prohibition shall li'ewise apply.
0awyers in the go%ernment ser%ice are prohibited to engage in the pri%ate practice of their profession
unless authori=ed by the constitution or law, pro%ided that such practice will not conflict or tend to conflict
with their official functions.
:isconduct in office as a public official may be a ground for disciplinary action )if of such character as to
affect his &ualification as lawyer or to show moral delin&uency2.
Should recommend the ac&uittal of the accused whose con%iction is on appeal, ,3 he finds no legal basis to
sustain the con%iction.
,ncludes restriction is representing conflicting interest )e.g. 4ccepting engagements %s. former employer,
P8+2
$he ;SC is not authori=ed to represent a public official at any state of a criminal case.
CHAPTE II
THE LA.3E A#+ THE LEGAL PO-ESSIO#
CA#O# @ A la$yer shall at all times 'phol) the integrity an) )ignity of the legal profession7
an) s'pport the acti*ities of the integrate) (ar"
'le @"86 A la$yer shall (e ans$era(le for <no$ingly ma<ing false statements or
s'ppressing a material fact7 in connection $ith his application for a)mission to the (ar"
'le @"89 A la$yer shall not s'pport application for a)mission to the (ar (y any person
<no$n to him or (e 'n0'alifie) in respect to character7 e)'cation7 or other rele*ant
attri('te"
'le @"8: A la$yer shall not engage in con)'ct that a)*ersely reflects on his fitness to
practice la$7 nor sho'l) he7 $hether in p'(lic or pri*ate life7 (eha*e in a scan)alo's
manner to the )iscre)it of the legal profession"
9pright character> not mere absence of bad character.
4 lawyer must at all times conduct himself properly as not to put into &uestion his fitness to practice law.
4%oid scandalous conduct> not only re&uired to refrain from adulterous relationships or the 'eeping of
mistress but must also beha%e himself as to a%oid scandali=ing the public by creating the belief that he is
flouting those moral standards.
CA#O# A A la$yer shall con)'ct himself $ith co'rtesy7 fairness an) can)or to$ar)s his
professional colleag'es7 an) shall a*oi) harassing tactics against opposing co'nsel"
'le A"86 A la$yer shall not7 in his professional )ealings7 'se lang'age $hich is
a('si*e7 offensi*e or other$ise improper"
'le A"89 A la$yer shall not7 )irectly or in)irectly7 encroach 'pon the professional
employment of another la$yerB ho$e*er7 it is the right of any la$yer $itho't fear or fa*or7
to gi*e proper a)*ice an) assistance to those see<ing relief against 'nfaithf'l or
neglectf'l co'nsel"
,t is the duty of a lawyer to inform the SC or the ,+P of such malpractice to the end that the malpractitioner
be properly disciplined.
8ot to use in pleadings and in practice the following6 disrespectful, abusi%e and abrasi%e language,
offensi%e personalities, unfounded accusations or intemperate words tending to obstruct, embarrass or
influence the court in administering justice.
Dant of intention6 not an e(cuse for the disrespectful language used. ,t merely e(tenuates liability.
CA#O# C A la$yer shall not )irectly or in)irectly assist in the 'na'thori1e) practice of la$"
'le C"86 A la$yer shall not )elegate to any 'n0'alifie) person the performance of any
tas< $hich (y la$ may only (e performe) (y a mem(er of the (ar in goo) stan)ing"
'le C"89 A la$yer shall not )i*i)e or stip'late to )i*i)e a fee for legal ser*ices $ith
persons not license) to practice la$7 e/cept:
a" .here there is a pre%e/isting agreement7 $ith a partner or associate that 7 'pon
the latter4s )eath7 money shall (e pai) o*er a reasona(le perio) of time to his
estate or to the persons specifie) in the agreementB or
(" .here a la$yer 'n)erta<es to complete 'nfinishe) legal ('siness of a
)ecease) la$yerB or
c" .here a la$yer or la$ firm incl')es non%la$yer employees in a retirement
plan7 e*en if the plan is (ase) in $hole or in part of a profit sharing
arrangements"
0awyer shall not negotiate with the opposite party who is represented by a counsel. 8either should lawyer
attempt to inter%iew the opposite party and &uestion him as to the facts of the case e%en if the ad%erse
party is willing to do so.
0awyer should deal only with counsel, e%en if there/s a fair agreement.
0awyer may howe%er inter%iew any witness or prospecti%e witness for the opposing side. 0imitation6 a%oid
influencing witness in recital and conduct.
4 lawyer must not ta'e as partner or associate one who6
1. is not a lawyer
2. is disbarred
!. has been suspended from the practice of law
". foreign lawyer, unless licensed by the SC.
4 lawyer cannot delegate his authority without client/s consent e%en to a &ualified person.
CHAPTE III
THE LA.3E A#+ THE CO2TS
CA#O# 68 A La$yer o$es can)or7 fairness an) goo) faith to the co'rt"
'le 68"86 A la$yer shall not )o any falsehoo)7 nor consent to the )oing of any in
co'rtB nor shall he mislea) or allo$ the co'rt to (e mislea) (y any artifice"
'le 68"89 A la$yer shall not <no$ingly mis0'ote or misrepresent the contents of the
paper7 the lang'age or the arg'ment of opposing co'nsel7 or the te/t of a )ecision of
a'thority7 or <no$ingly cite as la$ a pro*ision alrea)y ren)ere) inoperati*e (y repeal or
amen)ment7 or assert as a fact that $hich has not (een appro*e)"
'le 68"8: A la$yer shall o(ser*e the r'les of proce)'re an) shall not mis'se them to
)efeat the en)s of ='stice"
Budge@lawyer relationship6 based on independence and self@respect.
0awyer/s duty to the court6
a. respect and loyalty
b. fairness, truth and candor
c. no attempt to influence courts
Cases of falsehood6
a. stating in the eed of Sale that property is free from all liens and encumbrances when not so
b. encashing chec' payable to a deceased cousin by signing the latter/s name on the chec'
c. falsifying a power of attorney and using it in collecting the money due to the principal
d. alleging in one pleading that the clients were mere lessees and in another pleading that the same
clients were owners
e. presenting falsified documents in court which he 'nows to be false
f. filing false charges on groundless suits
g. using in pleadings the ,+P number of another lawyer
h. unsolicited appearances
i. use of fictitious residence certificate
j. mis&uotationEmisrepresentation
'. citing a repealed or amended pro%ision
l. asserting a fact not pro%ed
m. %erbatim reproductions down to the last word and punctuation mar'
n. slight typo mista'e6 not sufficient to place him in contempt
CA#O# 66 A la$yer shall o(ser*e an) maintain the respect )'e to the co'rts an) to =')icial
officers an) sho'l) insist on similar con)'ct (y others"

'le 66"86 A la$yer shall appear in co'rt properly attire)"
4 lawyer may 8;$ wear outlandish or colorful clothing to court.
4s an officer of the court and in order to maintain the dignity and respectability of the legal profession, a
lawyer who appears in court must be properly attired. Conse&uently, the court can hold a lawyer ,8
C;8$E:P$ of court if he does not appear in proper attire. 4ny de%iation from the commonly accepted
norm of dressing in court )barong or tie, not 2oth2 is enough to warrant a citing for contempt.
'le 66"89 A la$yer shall p'nct'ally appear at co'rt hearings"
'le 66"8: A la$yer shall a(stain from scan)alo's7 offensi*e7 or menacing lang'age or
(eha*ior (efore the co'rts"
'le 66"8; A la$yer shall not attri('te to a =')ge moti*es not s'pporte) (y the recor)
or ha*ing no materiality to the case"
'le 66"8> A la$yer shall s'(mit grie*ances against a =')ge to the proper a'thorities
alrea)y"
4 lawyer is an officer of the court. *e occupies a &uasi@judicial office with a tripartite obligation to the courts,
to the public and to his clients.
$he public duties of the attorney ta'e precedence o%er his pri%ate duties. *is first duty is to the courts.
Dhere duties to the courts conflict with his duties to his clients, the latter must yield to the former.
0awyers must be respectful not only in actions but also in the use of language whether in oral arguments or
in pleadings.
:ust e(ert efforts that others )including clients, witnesses2 shall deal with the courts and judicial officers
with respect.
;bedience to court orders and processes.
Criticisms of courts must not spill the walls of decency. $here is a wide difference between fair criticism and
abuse and slander of courts and judges. ,ntemperate and unfair criticism is a gross %iolation of the duty to
respect the courts. ,t amounts to misconduct which subjects the lawyer to disciplinary action.
4 mere disclaimer of any intentional disrespect by appellant is not a ground for e(oneration. *is intent
must be determined by a fair interpretation of the languages employed by him. *e cannot escape
responsibility by claiming that his words did not mean what any reader must ha%e understood them to
mean.
0awyer can demand that the misbeha%ior of a judge be put on record.
0awyers must be courageous enough to e(pose arbitrariness and injustice of courts and judges.
4 lawyer may submit grie%ances against judges in the Supreme Court, ;mbudsman, or Congress )for
impeachment of SC judges only2.
CA#O# 69 A la$yer shall e/ert e*ery effort an) consi)er it his )'ty to assist in the spee)y
an) efficient a)ministration of ='stice"
'le 69"86 A la$yer shall not appear for trial 'nless he has a)e0'ately prepare) himself
$ith the la$ an) the facts of his case7 the e*i)ence he $ill a))'ce an) the or)er of its
preference" He sho'l) also (e rea)y $ith the original )oc'ments for comparison $ith
the copies"
8ewly hired counsel6 must ac&uaint himself with all the antecedent proceedings and processes that ha%e
transpired in the record prior to his ta'eo%er.
,f presenting documentary e(hibits, he must be ready with the originals for the purpose of comparison with
copies thereof.
'le 69"89 A la$yer shall not file m'ltiple actions arising from the same ca'se"
%o#u. sho))in1 8 omission to disclose pendency of appeal or prior dismissal of his case by a court of
concurrent jurisdiction.
3orum shopping e(ists when as a result of an ad%erse opinion in one forum6
a. a party see's fa%orable opinion )other than by appeal or certiorari2 in another> or
b. when he institutes two or more actions or proceedings grounded on the same cause, on the gamble
that one or the other would ma'e a fa%orable disposition ($en1uet :let#i Co#). vs. %lo#es, 2-7 SCRA
339, Ma#h 12, 199-).
$he most important factor in determining the e(istence of forum@shopping is the 5EK4$,;8 caused the
courts and party@litigants by a party who as's different courts to rule on the same related causes, as'ing
the same relief.
3orum shopping constitutes ,REC$ C;8$E:P$ of court and may subject the offending lawyer to
disciplinary action.
'le 69"8: A la$yer shall not7 after o(taining e/tensions of time to file plea)ings7
memoran)a or (riefs7 let the perio) lapse $itho't s'(mitting the same or offering an
e/planation for his fail're to )o so"
4s'ing for e(tension of time must be in good faith.
'le 69"8; A la$yer shall not 'n)'ly )elay a case7 impe)e the e/ec'tion of a =')gment
or mis'se co'rt processes"
'le 69"8> A la$yer shall refrain from tal<ing to his $itness )'ring a (rea< or recess in
the trial7 $hile the $itness is still 'n)er e/amination"
'le 69"8? A la$yer shall not <no$ingly assist a $itness to misrepresent himself or to
impersonate another"
'le 69"8@ A la$yer shall not a('se7 (ro$(eat or harass a $itness nor nee)lessly
incon*enience him"
Ri1hts and o2li1ations o" a 0itness 7 a witness must answer &uestions, although his answer
may tend to establish a claim against him. *owe%er, it is the right of a witness6
1. to be protected from irrele%ant, improper, or insulting &uestions and from harsh or insulting
demeanor>
2. not to be detained longer than the interest of justice re&uires>
!. not to be e(amined e(cept only as to matters pertinent to the issue>
". not to gi%e any answer which will tend to subject him to a penalty for an offense unless
otherwise pro%ided by law, or
#. nor to gi%e answer which will tend to degrade his reputation, unless it be to the %ery fact at
issue or to a fact from which the fact in issue would be presumed. +ut a witness must
answer to the fact of his pre%ious final con%iction for an offense. )Rule 1*2, Se. *, RRC)
'le 69"8A A la$yer shall a*oi) testifying in (ehalf of his client7 e/cept:
a" on formal matters7 s'ch as the mailing7 a'thentication or c'sto)y of an
instr'ment an) the li<e:
(" on s'(stantial matters7 in cases $here his testimony is essential to the en)s of
='stice7 in $hich e*ent he m'st7 )'ring his testimony7 entr'st the trial of the
case to another co'nsel"
CA#O# 6: A la$yer shall rely 'pon the merits of his ca'se an) refrain from any impropriety
$hich ten)s to infl'ence7 or gi*es the appearance of infl'encing the co'rt"
'le 6:"86 A la$yer shall not e/ten) e/traor)inary attention or hospitality to7 nor see<
opport'nity for7 c'lti*ating familiarity $ith =')ges"
'le 6:"89 A la$yer shall not ma<e p'(lic statements in the me)ia regar)ing a pen)ing
case ten)ing to aro'se p'(lic opinion for or against a party"
'le 6:"8: A la$yer shall not (roo< or in*ite interference (y another (ranch or agency
of the go*ernment in the normal co'rse of =')icial procee)ings"
$he judge has the corresponding duty not to con%ey or permit others to con%ey the impression that they
are in a special position to influence the judge.
iscussing cases with the judge pri%ately should be a%oided.
$est when public statement is contemptuous6 $he character of the act done and its direct tendency to
pre%ent and obstruct the discharge of official duty.
$o warrant a finding of -prejudicial publicity., there must be an allegation and proof that the judges ha%e
been unduly influenced, not simply that they might be, by the -barrage. of publicity.
0awyer is e&ually guilty as the client if he induces the latter to cause the publicity.
CHAPTE I!
THE LA.3E A#+ THE CLIE#T
CA#O# 6; A La$yer shall not ref'se his ser*ices to the nee)y"
'le 6;"86 A la$yer shall not )ecline to represent a person solely on acco'nt of the
latter4s race7 se/7 cree) or stat's of life7 or (eca'se of his o$n opinion regar)ing the g'ilt
of sai) person"
'le 6;"89 A la$yer shall not )ecline7 e/cept for serio's an) s'fficient ca'se7 an
appointment as co'nsel de oficio or as amicus curae or a re0'est from the Integrate) Bar
of the Philippines or any of its chapters for ren)ition of free legal ai)"
'le 6;"8: A la$yer may ref'se to accept representation of a client if:
a" He is not in position to carry o't the $or< effecti*ely an) competently"
(" He la(ors 'n)er conflict of interest (et$een him an) the prospecti*e client or
(et$een a present client an) the prospecti*e client"
'le 6;"8; A la$yer $ho accepts the ca'se of a person 'na(le to pay his professional
fees shall o(ser*e the same stan)ar) of con)'ct go*erning his relations $ith paying
clients"
uties to Client6
a. owe utmost learning and ability
b. maintain in%iolate the confidence of the client
c. disclose all circumstancesEinterest regarding the contro%ersy
d. undi%ided loyalty
e. not reject cause of defenseless and oppressed
f. candor, fairness and loyalty
g. hold in trust money or property
h. respond with =eal to the cause of the client
4ppointment of A.ius Cu#ae
a. by application to the judge
b. the judge on his own initiati%e may in%ite the lawyer
c. no right to interfere with or control the condition of the record, no control o%er the suit
Cannot refuse on the ground of insufficient of compensation or lac' of it
CA#O# 6> A la$yer shall o(ser*e can)or7 fairness an) loyalty in all his )ealings an)
transactions $ith his client"
'le 6>"86 A la$yer in conferring $ith a prospecti*e client7 shall ascertain as soon as
practica(le $hether the matter $o'l) in*ol*e a conflict $ith another client or his o$n
interest7 an) if so7 shall forth$ith inform the prospecti*e client"
'le 6>"89 A la$yer shall (e (o'n) (y the r'le on pri*ilege comm'nication in respect of
matters )isclose) to him (y a prospecti*e client"
'le on e*ealing Client5s I)entity
General 'le6 4 lawyer may not in%o'e pri%ilege communication to refuse re%ealing a client/s identity.
(Re1ala vs. Sandi1an2ayan, 2!2 SCRA 122, Se)te.2e# 20, 199!)
E/ceptions:
1. Dhen by di%ulging such identity, it would implicate the client to that same contro%ersy for which the
lawyer?s ser%ices were re&uired.
2. ,t would open client to ci%il liability
!. $he disclosure of such identity will pro%ide for the only lin' in order to con%ict the accused, otherwise,
the go%ernment has no case.
Re&uisites of Pri%ileged Communication6
a. 4tty.@client relationship )or a 'ind of consultancy relationship with a prospecti%e client
b. Communication made by client to lawyer in the course of lawyer/s professional employment
c. Communication is intended to be confidential )see Rule 1!G, Sec. 21)b2, Rules of Court2
Dhen communication is not pri%ileged6
a. after pleading has been filed
b. communication intended by the client to be sent to a third person through his counsel )it loses its
confidential character as soon as it reaches the hands of third person2
E%en if the communication is unpri%ileged, the rule of ethics prohibits him from %oluntarily re%ealing or
using to his benefit or to that of a third person, to the disad%antage of the client, the said communication
unless the client consents thereto.
$his is applicable to students under the Student Practice 0aw Program
'le 6>"8: A la$yer shall not represent conflicting interests e/cept (y $ritten consent
of all concerne) gi*en after a f'll )isclos're of the facts"
'le on Conflicting Interest
,t is generally the rule based on sound public policy that an attorney cannot represent ad%erse
interest. ,t is highly improper to represent both sides of an issue. $he proscription against
representation of conflicting interest finds application where the conflicting interest arises with respect
to the same general matter and is applicable howe%er slight such ad%erse interest may be. ,t applies
although the attorney?s intention and moti%es were honest and he acted in good faith. *owe%er,
representation of conflicting interest may be allowed where the parties consent to the representation
after full disclosure of facts. )Na;)il vs. 5alde<, 2-! SCRA 7,-).
General 'le: 4n attorney cannot represent ad%erse interest.
E/ception: Dhere the parties consent to the representation after full disclosure of facts.
'he ':S' in dete#.inin1 Con"litin1 (nte#est: $he test is whether or not the acceptance of a new
relation will pre%ent an attorney from the full discharge of his duty of indi%idual fidelity and loyalty to
his client or in%ite suspicion of unfaithfulness in double@dealing in the performance thereof. ('iana
vs. 4a.)o)
'le 6>"8; A la$yer may7 $ith the $ritten consent of all concerne)7 act as me)iator7
conciliator or ar(itrator in settling )isp'tes"
'le 6>"8> A la$yer7 $hen a)*ising his client7 shall gi*e a can)i) an) honest opinion on
the merits an) pro(a(le res'lts of the client4s case7 neither o*erstating nor 'n)erstating
the prospects of the case"
'le 6>"8? % A la$yer shall not state nor imply that he is a(le to infl'ence any p'(lic
official7 tri('nal or legislati*e (o)y"
'le 6>"8@ A la$yer shall impress 'pon his client compliance $ith the la$s an) the
principles of fairness"
'le 6>"8A A la$yer $ho is engage) in another profession or occ'pation conc'rrently
$ith the practice of la$ shall ma<e clear to his client $hether he is acting as a la$yer or
in another capacity"
0awyers should refrain from gi%ing any ad%ice unless they ha%e obtained sufficient understanding of their
client/s cause. 4 careful in%estigation and e(amination of the facts must first be had before any legal
opinion be gi%en by the lawyer to the client.
$o a%oid breach of legal ethics, a lawyer should 'eep any business, in which is engaged in concurrently
with the practice of law, entirely separate and apart from the latter.
CA#O# 6? A la$yer shall hol) in tr'st all moneys an) properties of his client that may come
into his possession"
'le 6?"86 A la$yer shall acco'nt for all money or property collecte) or recei*e) for or
from the client"
'le 6?"89 A la$yer shall <eep the f'n)s of each client separate an) apart from his o$n
an) those of others <ept (y him"
'le 6?"8: A la$yer shall )eli*er the f'n)s an) property of his client $hen )'e or 'pon
)eman)" Ho$e*er7 he shall ha*e a lien o*er the f'n)s an) may apply so m'ch thereof as
may (e necessary to satisfy his la$f'l fees an) )is('rsements7 gi*ing notice promptly
thereafter to his client" He shall also ha*e a lien to the same e/tent on all =')gments an)
e/ec'tions he has sec're) for his client as pro*i)e) for the 'les of Co'rt"
Atto#neys& +iens 7 an attorney shall ha%e a lien upon the funds, documents and papers of his
client which ha%e lawfully come into his possession and may retain the same until his lawful fees and
disbursements ha%e been paid, and may apply such finds to the satisfaction thereof. *e shall also
ha%e a lien to the same e(tent upon all judgements for the payment of money, and e(ecutions issued in
pursuance of such judgements which he has secured in a litigation of his client, from and after the time
when he shall ha%e caused a statement of his claim of such lien to be entered upon the records of the
court rendering such judgement, or issuing such e(ecution, and shall ha%e caused written notice
thereof to be deli%ered to his client and to the ad%erse party> and he shall ha%e the same right and
power o%er such judgments and e(ecutions as his client would ha%e to enforce his lien and secure the
payment of his fees and disbursements. )Sec, !J, Rule 1!7, RRC2
'le 6?"8; A la$yer shall not (orro$ money from his client 'nless the client4s interests
are f'lly protecte) (y the nat're of the case or (y in)epen)ent a)*ice" #either shall a
la$yer len) money to a client e/cept7 $hen in the interest of ='stice7 he has to a)*ance
necessary e/penses in the legal matter he is han)ling for the client"
4ttorney/s lien is not an e(cuse for non@rendition of accounting
Cannot disburse client/s money to client/s creditors without authority.
3ailure to deli%er upon demand gi%es rise to the presumption that he has misappropriated the funds for his
own use to the prejudice of the client and in %iolation of the trust reposed in him.
8otify client if retaining lien shall be implemented
Dhen a lawyer enforces a charging lien against his client, the client@lawyer relationship is terminated.
$he principle behind Rule 1A.G" is to pre%ent the lawyer from ta'ing ad%antage of his influence o%er the
client or to a%oid ac&uiring a financial interest in the outcome of the case.
CA#O# 6@ A la$yer o$es fi)elity to the ca'se of his client an) he shall (e min)f'l of the
tr'st an) confi)ence repose) in him"
8o fear of judicial disfa%or or public popularity should restrain him from full discharge of his duty.
,t is the duty of the lawyer at the time of retainer to disclose to the client all the circumstances of his
relations to the parties and any interest in, or connection with, the contro%ersy which might influence the
client in the selection of counsel.
$he lawyer owes loyalty to his client e%en after the relation of attorney and client has terminated. ,t is not
good practice to permit him afterwards to defend in another case other persons against his former client
under the prete(t that the case is distinct from and independent of the former case.
CA#O# 6A A la$yer shall ser*e his client $ith competence an) )iligence"
'le 6A"86 A la$yer shall not 'n)erta<e a legal ser*ice $hich he <no$s or sho'l) <no$
that he is not 0'alifie) to ren)er" Ho$e*er7 he may ren)er s'ch ser*ice if7 $ith the
consent of his client7 he can o(tain as colla(orating co'nsel a la$yer $ho is competent
on the matter"
'le 6A"89 A la$yer shall not han)le any legal matter $itho't a)e0'ate preparation"
'le 6A"8: A la$yer shall not neglect a legal matter entr'ste) to him an) his negligence
in connection there$ith shall ren)er him lia(le"
'le 6A"8; A la$yer shall <eep the client informe) of the stat's of his case an) shall
respon) $ithin a reasona(le time to the client4s re0'est for information"
Co.)etene6 sufficiency of lawyer/s &ualification to deal with the matter in &uestion and includes
'nowledge and s'ill and the ability to use them effecti%ely in the interest of the client.
4 lawyer must 'eep himself constantly abreast with the trend of authoritati%e pronouncements and
de%elopments in all branches of law.
$here must be e(traordinary diligence in prosecution or defense of his client/s cause.
,f a lawyer errs li'e any other human being, he is not answerable for e%ery error or mista'e, and will be
protected as long as he acts honestly and in good faith to the best of his s'ill and 'nowledge.
0awyer is not an insurer of the result in a case where he is engaged in the counsel.
CA#O# 6C A la$yer shall represent his client $ith 1eal $ithin the (o'n)s of the la$"
'le 6C"86 A la$yer shall employ only fair an) honest means to attain the la$f'l
o(=ecti*es of his client an) shall not present7 participate in presenting or threaten to
present 'nfo'n)e) criminal charges to o(tain an improper a)*antage in any case or
procee)ing"
'le 6C"89 A la$yer $ho has recei*e) information that his client has7 in the co'rse of
the representation7 perpet'ate) a fra') 'pon a person or tri('nal7 shall promptly call
'pon the client to rectify the same7 an) failing $hich he ha to terminate the relationship
$ith s'ch client in accor)ance $ith the 'les of Co'rt"
'le 6C"8: A la$yer shall not allo$ his client to )ictate the proce)'re in han)ling the
case"
General 'le6 8egligence binds client
E/ception6 Rec'less imprudence )depri%es client of due process2
Results in outright depri%ation of one/s property through technicality
:ust not present in e%idence any document 'nown to be false> nor present a false witness.
8egati%e pregnant is improper since it is an ambiguous pleading )improper if in bad faith and the purpose is
to confuse the other party2
,n defense6 present e%ery defense the law permits.
0awyer should do his best efforts to restrain and to pre%ent his clients from perpetrating acts which he
himself ought not to do. ;r else, withdraw. +ut lawyer shall not %olunteer the information about the client/s
commission of fraud to anyone 1 counter to duty to maintain client/s confidence and secrets.
CA#O# 98 A la$yer shall charge only fair an) reasona(le fees"
'le 98"86 A la$yer shall (e g'i)e) (y the follo$ing factors in )etermining his fees:
a" The time spent an) the e/tent of the ser*ices ren)ere) or re0'ire)"
(" The no*elty an) )iffic'lty of the 0'estions in*ol*e)B
c" The importance of the s'(=ect matterB
)" The s<ill )eman)e)B
e" The pro(a(ility of losing other employment as a res'lt of acceptance of the
proffere) caseB
f" The c'stomary charges for similar ser*ices an) the sche)'le of fees of the IBP
chapter to $hich he (elongsB
g" The amo'nt in*ol*e) in the contro*ersy an) the (enefits res'lting to the client
from the ser*icesB
h" The contingency or certainty of compensationB
i" The character of the employment7 $hether occasional or esta(lishe)B an)
=" The professional stan)ing of the la$yer"
Linds of Payment which may be stipulated upon6
a. a fi(ed or absolute fee which is payable regardless of the result of the case
b. a contingent fee that is conditioned to the securing of a fa%orable judgment and reco%ery of money
or property and the amount of which may be on a percentage basis
c. a fi(ed fee payable per appearance
d. a fi(ed fee computed by the number of hours spent
e. a fi(ed fee based on a piece of wor'
4ttorney?s 3ees
a. 4#dina#y atto#ney=s "ee @ the reasonable compensation paid to a lawyer by his client for the legal
ser%ices he has rendered to the latter. $he basis for this compensation is the fact of his employment
by and his agreement with the client.
b. :>t#ao#dina#y atto#ney=s "ee @ an indemnity for damages ordered by the court to be paid by the
losing party in litigation. $he basis for this is any of the cases pro%ided for by law where such award
can be made, such as those authori=ed in 4rticle 22G7 of the Ci%il Code, and is payable 8;$ to the
lawyer but to the client, unless they ha%e agreed that the award shall pertain to the lawyer as
additional compensation or as part thereof.
*ow attorney?s fees may be claimed by the lawyer6
1. ,t may be asserted either in the %ery action in which the ser%ices of a lawyer had been rendered or in a
separate action.
2. 4 petition for attorney?s fees may be filed before the judgment in fa%or of the client is satisfied or the
proceeds thereof deli%ered to the client.
!. $he determination as to the propriety of the fees or as to the amount thereof will ha%e to be held in
abeyance until the main case from which the lawyer?s claim for attorney?s fees may arise has become final.
;therwise, the determination of the courts will be premature.
Linds of Retainer 4greements on 4ttorney/s fees6
a. ?ene#al Retaine# or Retainin1 %ee 1 it is the fee paid to a lawyer to secure his future ser%ices as
general counsel for any ordinary legal problem that may arise in the ordinary business of the client
and referred to him for legal action>
b. S)eial Retaine# 7 that is a fee for a specific case or ser%ice rendered by the lawyer for a client
@uantu. Me#uit 7 it means Mas much as he deser%esM7 and is used as the basis for determining the lawyer?s
professional fees in the absence of a contract, but reco%erable by him from his client.
@uantu. Me#uit is resorted to where6
a. there is no e(press contract for payment of attorney/s fees agreed upon between the lawyer and the
client>
b. when although there is a formal contract for attorney/s fees, the stipulated fees are found
unconscionable or unreasonable by the court.
c. Dhen the contract for attorney/s fees is %oid due to purely formal matters or defects of e(ecution
d. Dhen the counsel, for justifiable cause, was not able to finish the case to its conclusion
e. Dhen lawyer and client disregard the contract for attorney/s fees.
S'ill6 length of practice is not a safe criterion of professional ability.
'le 98"89 A la$yer shall7 in cases of referral7 $ith the consent of the client7 (e entitle)
to a )i*ision of fees in proportion to the $or< performe) an) responsi(ility ass'me)"
'le 98"8: A la$yer shall not7 $itho't the f'll <no$le)ge an) consent of the client7
accept any fee7 re$ar)7 costs7 commission7 interest7 re(ate or for$ar)ing allo$ance or
other compensation $hatsoe*er relate) to his professional employment from anyone
other than the client"
'le 98"8; A la$yer shall a*oi) contro*ersies $ith clients concerning his
compensation an) shall resort to =')icial action only to pre*ent imposition7 in='stice or
fra')"
9nauthori=ed counsel6 8ot entitled to attorney/s fees.
Stipulation regarding payments of attorney/s fees is not illegalEimmoral and is enforceable as the law
between the parties pro%ided such stipulation does not contra%ene law, good morals, etc.
Dhen counsel cannot reco%er full amount despite written contract for attorneys/ fees6
a. Dhen he withdraws before the case is finished
b. justified dismissal of attorney )payment6 in Auantu. .e#uit only2
$he reason for the award of attorney/s fees must be stated in the te(t of the decision> otherwise, if it is
stated only in the dispositi%e portion of the decision, the same must be disallowed on appeal.
E%en though the interest or property in%ol%ed is of considerable %alue, if the legal ser%ices rendered do not
call for much efforts there is no justification for the award of high fees.
Cha.)e#tous Cont#ats (void) 1 0awyer stipulates with his client that in the prosecution of the case, he will
bear all the e(penses for the reco%ery of things or property being claimed by the client and the latter agrees
to pay the former a portion of the thingEproperty reco%ered as compensation.
Compensation to an attorney for merely recommending another lawyer is improper )agents2
4ttorney/s fees for legal ser%ices shared or di%ided to non@lawyer is prohibited. i%ision of fees is only for
di%ision of ser%ice or responsibility.
4 lawyer should try to settle amicably any differences on the subject. 4 lawyer has 2 options. Budicial action
to reco%er attorney/s fees6
a. ,n same case6 Enforce attorney/s fees by filing an appropriate motion or petition as an incident to
the main action where he rendered legal ser%ices.
b. ,n a separate ci%il action.
CA#O# 96 A la$yer shall preser*e the confi)ences an) secrets of his client e*en after the
attorney%client relation is terminate)"
Con"idene 8 refers to information protected by the attorney@client pri%ilege )RRC2
Se#et 8 refers to other information gained in the professional relationship that the client has regulated to
be held in%iolate or the disclosure of which would be embarrassing or would li'ely be detrimental to the
client.
4n attorney cannot, without the consent of his client, be e(amined as to any communication made by the
client to him, or his ad%ice gi%en thereon in the course of professional employment> nor can an attorney/s
secretary, stenographer, or cler' be e(amined, without the consent of the client and his employees,
concerning any fact the 'nowledge of which has been ac&uired in such capacity )Rule 1!G, Sec. 21 )b2,
RRC2
$he mere establishment of a client@lawyer relationship does not raise a presumption of confidentiality.
$here must be an intent or that the communication relayed by the client to the lawyer be treated as
confidential.
'le 96"86 A la$yer shall not re*eal the confi)ences or secrets of his client e/cept:
a" .hen a'thori1e) (y the client after ac0'ainting him of the conse0'ences of the
)isclos're:
(" .hen re0'ire) (y la$B
c" .hen necessary to collect his fees or to )efen) himself7 his employees or
associates or (y =')icial action"
Dhen properly authori=ed after ha%ing been fully informed of the conse&uences to re%eal his
confidencesEsecrets, then there is a %alid wai%er.
4rt. 2GI. $et#ayal o" '#ust 2y an Atto#ney o# Soliito#. Revelation o" se#ets. ,n addition to the proper
administrati%e action, the penalty of )#ision o##eional in its minimum period, or a fine ranging from P2GG
to P1GGG, or both, shall be imposed upon any attorney at law or solicitor who, by any malicious brea' of
professional duty as ine(cusable negligence or ignorance, shall prejudice his client, or re%eal any of the
secrets of the latter learned by him in his professional capacity.
$he same penalty shall be imposed upon an attorney at law or solicitor who, ha%ing underta'en the
defense of a client, or ha%ing recei%ed confidential information from said client in a case, shall underta'e
the defense of the opposing party in the same case, without the consent of his first client )Rule 2GI, RPC2
Ceneral Rule6 ;bligation to 'eep secrets co%ers only lawful purposes
E(ceptions6
a. announcements of intention of a client to commit a crime
b. client jumped bail and lawyer 'nows his whereabouts> or client is li%ing somewhere under an
assumed name
c. communication in%ol%es the commission of future fraud or crime but crimesEfrauds -already
committed. falls within the pri%ilege.
'le 96"89 A la$yer shall not7 to the )isa)*antage of his client7 'se information
ac0'ire) in the co'rse of employment7 nor shall he 'se the same to his o$n a)*antage
or that of a thir) person7 'nless the client $ith f'll <no$le)ge of the circ'mstances
consents thereto"
'le 96"8: A la$yer shall not7 $itho't the $ritten consent of his client7 gi*e
information from his files to an o'tsi)e agency see<ing s'ch information for a')iting7
statistical7 (oo<<eeping7 acco'nting7 )ata processing7 or any other similar p'rposes"
'le 96"8; A la$yer may )isclose the affairs of a client of the firm to partners or
associates thereof 'nless prohi(ite) (y the client"
'le 96"8> A la$yer shall a)opt s'ch meas'res as may (e re0'ire) to pre*ent those
$hose ser*ices are 'tili1e) (y him7 from )isclosing or 'sing confi)ences or secrets of
the client"
'le 96"8? A la$yer shall a*oi) in)iscreet con*ersation a(o't a client4s affairs e*en
$ith mem(ers of his family"
'le 96"8@ A la$yer shall not re*eal that he has (een cons'lte) a(o't a partic'lar case
e/cept to a*oi) possi(le conflict of interest"
4%oid committing calculated indiscretion 1 accidental re%elation of secrets obtained in his professional
employment.
Prohibition applies, e%en if the prospecti%e client did not thereafter actually engage the lawyer.
CA#O# 99 A la$yer shall $ith)ra$ his ser*ices only for goo) ca'se an) 'pon notice
appropriate in the circ'mstances"
'le 99"86 A la$yer may $ith)ra$ his ser*ices in any of the follo$ing cases:
a" .hen the client p'rs'es an illegal or immoral co'rse of con)'ct in
connection $ith the matter he is han)lingB
(" .hen the client insists that the la$yer p'rs'e con)'ct *iolati*e of these
canons an) r'lesB
c" .hen his ina(ility to $or< $ith co%co'nsel $ill not promote the (est interest
of the clientB
)" .hen the mental or physical con)ition of the la$yer ren)ers it )iffic'lt for him
to carry o't the employment effecti*elyB
e" .hen the client )eli(erately fails to pay the fees for the ser*ices or fails to
comply $ith the retainer agreementB
f" .hen the la$yer is electe) or appointe) to a p'(lic office7 an)
g" Other similar cases
'le 99"89 A la$yer $ho $ith)ra$s or is )ischarge) shall s'(=ect to a retaining lien7
imme)iately t'rn o*er all papers an) property to $hich the client is entitle)7 an) shall
cooperate $ith his s'ccessor in the or)erly transfer of the matter7 incl')ing all
information necessary for the proper han)ling of the matter"
ETAI#I#G LIE# CHAGI#G LIE#
6" #AT2E Passi%e 0ien6 ,t cannot be
acti%ely enforced. ,t is a general
lien
4cti%e 0ien6 ,t can be enforced by
e(ecution. ,t is a special lien.
9" BASIS 0awful possession of papers,
documents, property belonging to
client.
Securing of a fa%orable money
judgment for the client.
:" CO!EAGE Co%ers only papers, documents
and property in the lawful
possession of the attorney by
reason of his professional
employment
Co%ers all judgments for the
payment of money and e(ecutions
issued in pursuance of such
judgments.
;" .HE# LIE#
TADES E--ECT
4s soon as the attorney gets
possession of the papers
documents or property
4s soon as the claim for attorney/s
fees had been entered into the
records of the case
>" #OTICE Client need not be notified to
ma'e it effecti%e
Client and ad%erse party must be
notified to ma'e it effecti%e
?"
APPLICABILIT3
:ay be e(ercised before
judgment or e(ecution or
regardless thereof.
Cenerally, it is e(ercisable only
when the attorney had already
secured a fa%orable judgment for his
client
,n withdrawal as counsel for a client, an attorney may only retire from a case either by written consent of
his client or by permission of the court after due notice and hearing, in which e%ent the attorney should see
to it that the name of the new attorney is recorded in the case.
4n attorney who could not get the written consent of his client must ma'e an application to the court, for
the relation does not terminate formally until there is a withdrawal of record. Counsel has no right to
presume that the court would grand his withdrawal and therefore must still appear on the date of hearing.
Re&uirements for the Substitution of Counsel in a Case6
a. written application
b. written consent of client
c. written consent of attorney to be substituted
d. if the consent of the attorney to be substituted cannot be obtained, there must be at least a proof of
notice that the motion for substitution has been ser%ed upon him, in the manner prescribed by the
rules.
4 lawyer cannot reco%er compensation from one who did not employ or authori=e his employment,
howe%er %aluable the results of his ser%ices may ha%e been to such person. ,n similar cases, no
compensation when6
a. client conducts himself in a manner which tends to degrade his attorney>
b. client refuses to e(tend cooperation>
c. client stops ha%ing contact with him.
$he right of a client to terminate a lawyer is absolute. Such termination may be with or without cause.
LIABILITIES O- LA.3ES
Ci*il Lia(ility
a. Client is prejudiced by lawyer?s negligence or misconduct
b. +reach of fiduciary obligation
c. Ci%il liability to third persons
d. 0ibelous words in pleadings> %iolation of communication pri%ilege
e. 0iability for costs of suit )t#e2le osts2 @ when lawyer is made liable for insisting on client?s patently
unmeritorious case or interposing appeal merely to delay litigation
Criminal Lia(ility
a. Prejudicing client through malicious breach of professional duty
b. Re%ealing client?s secrets
c. Representing ad%erse interests
d. ,ntroducing false e%idence
e. :isappropriating client?s funds )estafa2
Contempt of Co'rt
a. Linds of Contempt6
1. irect @ consists of misbeha%ior in the presence of or so near a court or judge as to interrupt
or obstruct the proceedings before the court or the administration of justice> punished
summarily.
2. ,ndirect @ one committed away from the court in%ol%ing disobedience of or resistance to a
lawful writ, process, order, judgment or command of the court, or tending to belittle, degrade,
obstruct, interrupt or embarrass the court.
!. Ci%il@ failure to do something ordered by the court which is for the benefit of a party.
". Criminal @ any conduct directed against the authority or dignity of the court.
b. 4cts Constituting Contempt6
1. :isbeha%ior
2. isobedience
!. Publication concerning pending litigation
". Publication tending to degrade the court> disrespectful language in pleadings
#. :isleading the court or obstructing justice
A. 9nauthori=ed practice of law
J. +elligerent attitude
7. 9nlawful retention of client?s funds
A+,I#ISTATI!E LIABILITIES O- LA.3ES
:ain ;bjecti%es of isbarment and Suspension6
1. to compel the attorney to deal fairly and honestly with his clients>
2. to remo%e from the profession a person whose misconduct has pro%ed him unfit to be entrusted
with the duties and responsibilities belonging to the office of an attorney>
!. to punish the lawyer>
". to set an e(ample or a warning for the other members of the bar>
#. to safeguard the administration of justice from incompetent and dishonest lawyers>
A. to protect the public
Characteristics of isbarment Proceedings6
1. 8either a ci%il nor criminal proceedings>
2. ouble jeopardy cannot be a%ailed of in a disbarment proceeding>
!. ,t can be initiated .otu )#o)io by the SC or ,+P. ,t can be initiated without a complaint>
". ,t is imprescriptible>
#. Conducted confidentially>
A. ,t can proceed regardless of the interest of the lac' thereof on the part of the complainant>
J. ,t constitutes due process.
Crounds for isbarment or Suspension6
1. deceit>
2. malpractice or other gross misconduct in office>
!. grossly immoral conduct>
". con%iction of a crime in%ol%ing moral turpitude>
#. %iolation of oath of office>
A. willful disobedience of any lawful order of a superior court>
J. corrupt or willful appearance as attorney for a party to case without authority to do so (Se. 27, Rule
1*-, RRC)
Procedure for isbarment
a. ,nstitution either by6
1. the Supreme Court, .otu )#o)#io, or
2. the ,+P, .otu )#o)#io, or
!. upon %erified complaint by any person
b. Si( copies of the %erified complaint shall be filed with the Secretary of the ,+P or Secretary of any of
its chapter and shall be forwarded to the ,+P +oard of Co%ernors.
c. ,n%estigation by the 8ational Crie%ance ,n%estigators.
d. Submission of in%estigati%e report to the ,+P +oard of Co%ernors.
e. +oard of Co%ernors decides within !G days.
f. ,n%estigation by the Solicitor@Ceneral
g. SC renders final decision for disbarmentEsuspensionEdismissal.
@uantu. o" P#oo" ReAui#ed6 C0E4R, C;85,8C,8C N S4$,S34C$;RO e%idence.
$u#den o" P#oo"6 Rests on the C;:P04,848$, the one who instituted the suit
;fficers authori=ed to in%estigate isbarment cases6
1. Supreme Court
2. ,+P through its Commission on +ar iscipline or authori=ed in%estigator
!. ;ffice of the Solicitor Ceneral
:itigating Circumstances in isbarment6
1. Cood faith in the ac&uisition of a property of the client subject of litigation ((n #e: Ruste, 70 Phil. 23*)
2. ,ne(perience of the lawyer (Muno< v. Peo)le, ,* SCRA 190)
!. 4ge (+antos v. ?an, 19! SCRA 1!)
". 4pology (Muno< v. Peo)le, ,* SCRA 190)
#. 0ac' of ,ntention to slight or offend the Court (Rhu. o" the Phili))ines, (n. v. %e##e#, 20 SCRA
331).
SPECIAL +ISABILITIES O- LA.3ES
The follo$ing persons are prohi(ite) from ac0'iring property 'n)er litigation (y reason of the
relation of tr'st or their pec'liar control either )irectly or in)irectly an) e*en at a p'(lic or =')icial
a'ction:
6" g'ar)iansB
9" agents
:" a)ministrators
;" p'(lic officers an) employees
>" =')icial officers an) employees
?" prosec'ting attorneys an) la$yers )4rt 1"I1, 8CC2
@" those specially )is0'alifie) (y la$ (Ru2ias vs. $atilles, *1 SCRA 120)
Elements of 4rticle 1"I1 )Ci%il Code> +ai1 vs. CA, -2 SCRA 293)
a. there must be an attorney@client relationship
b. the property or interest of the client must be in litigation
c. the attorney ta'es part as counsel in the case
d. the attorney by himself or through another purchases such property or interest during the pendency
of the litigation.
General 'le: 4 lawyer may not purchase, e%en at a public or judicial auction, in person or through the
mediation of another, any property or interest in%ol%ed in any litigation in which he may ta'e part by %irtue
of his profession. $his prohibition is entirely independent of fraud and such need not be alleged or pro%en.
Effects6
a. malpractice on the part of the lawyer and may be disciplined for misconduct
b. transaction is null and %oid
E/ceptions:
a. property is ac&uired by lawyer through a contingent fee arrangement
b. any of the " elements of 4rt. 1"I1 is missing
E2+ICIAL ETHICS
Sources of Budicial Ethics6
1. Code of Budicial Conduct
2. Constitution )4rt 5,,,, 4rt ,K and 4rt ,,,2
!. 8ew Ci%il Code )4rticles I, 2G, 2J, !2, !#, J!I, 1"I1, 2GG#, 2G!#, 2G"A2
". Re%ised Rules of Court )Rules J1, 1!#, 1!J, 1!I+, 1"G2
#. Re%ised Penal Code )4rticles 2G", 2G#, 2GA, 2GJ2
A. 4nti@Craft and Corrupt Practices 4ct )R4 !G1I2
J. Canons of Budicial Ethics )4dm. ;rder 8o. 1A22
7. Code of Professional Responsibility
I. Budiciary 4ct of 1I"7 )R4 2IA2
1G. Budiciary Reorgani=ation 4ct of 1I!G )+P12I2
11. Supreme Court ecisions
12. 3oreign ecisions
1!. ;pinions of authorities
1". ;ther Statutes
1#. SC Circulars
Court 1 a board or other tribunal which decides a litigation or contest (Bidal1o v. Man1la)us, !3 4? *1-9)
Budge 1 a public officer who, by %irtue of his office, is clothed with judicial authority, a public officer lawfully
appointed to decide litigated &uestions in accordance with law.
9e /u#e Budge 1 one who is e(ercising the office of judge as a matter of right> and officer of a court who
has been duly and legally appointed, &ualified and whose term has not e(pired.
9e %ato Budge 1 an officer who is not fully %ested with all the powers and duties conceded to judges, but
is e(ercising the office of a judge under some color of right.
<ualification of Supreme Court :embers6
1. 8atural born citi=en of the Philippines>
2. 4t least "G years of age>
!. :ust ha%e been at least for 1# years, a judge of a lower court or engaged in the practice of law
(Se 7(2), A#t. 5(((, 19-7 Constitution).

CO+E O- E2+ICIAL CO#+2CT
PEA,BLE
4n honorable, competent and independent judiciary e(ists to administer justice and thus promote the unity of
the country, the stability of go%ernment, and the well being of the people.
CA#O# 6% A =')ge sho'l) 'phol) the integrity an) in)epen)ence of the =')iciary
'le 6"86 A =')ge sho'l) (e the em(o)iment of competence7 integrity7 an)
in)epen)ence"
'le 6"89 A =')ge sho'l) a)minister ='stice impartially an) $itho't )elay"
'le 6"8: A =')ge sho'l) (e *igilant against any attempt to s'(*ert the in)epen)ence
of the =')iciary an) resist any press're from $hate*er so'rce"
Budges should a%oid e%en the slightest infraction of the law.
:ust be models of uprightness, fairness and honesty
Should not rela( in his study of the law and court decisions.
Should not be swayed by public clamor or considerations of personal popularity
:ust decide motions without delay.
Should also appear impartial.
CA#O# 9 A =')ge sho'l) a*oi) impropriety an) the appearance of impropriety in all
acti*ities
'le 9"86 A =')ge sho'l) so (eha*e at all times as to promote p'(lic confi)ence in the
integrity an) impartiality of the =')iciary"
'le 9"89 A =')ge sho'l) not see< p'(licity for personal *ainglory"
'le 9"8: A =')ge shall not allo$ family7 social7 or other relationships to infl'ence
=')icial con)'ct or =')gment" The prestige of =')icial office shall not (e 'se) or lent to
a)*ance the pri*ate interests of others7 nor con*ey or permit others to con*ey the
impression that they are in a special position to infl'ence the =')ge"
'le 9"8; A =')ge shall refrain from infl'encing in any manner the o'tcome of litigation
or )isp'te pen)ing (efore another co'rt of a)ministrati*e agency"
4 judge must be beyond suspicion. *e has the duty not only to render a just and impartial decision but also
to render it in such a manner as to be free from any suspicion as to its fairness and impartiality, and also as
to his integrity.
E%ery litigant is entitled to nothing short of the cold neutrality of an independent, wholly free, disinterested
and impartial tribunal.
4 judge must be temperate in his language and must not lose his cool.
4 judge is prohibited from ma'ing public statements in the media regarding a pending case so as not to
arouse public opinion for or against a party )%iolates the Principle of Subjudice2
Budges must not use or permit the use of any undignifiedEself@laudatory statement regarding their
&ualifications or legal ser%ices.
4 judge must not allow anyone to ride on his prestige. *e should not create the impression that someone
or some people are so close to him to enjoy his fa%or.

CA#O# : % A =')ge sho'l) perform official )'ties honestly7 an) $ith impartiality an) )iligence
A+E2+ICATI!E ESPO#SIBILITIES
'le :"86 A =')ge shall (e faithf'l to the la$ an) maintain professional competence"
Budge should be con%ersant with the law and its amendments.
'le :"89 In e*ery case7 a =')ge shall en)ea*or )iligently to ascertain the facts an) the
applica(le la$ 'ns$aye) (y partisan interest7 p'(lic opinion or fear of criticism"
3inding of facts must be based not on the personal 'nowledge of the judge but upon the e%idence
presented.
,f the personal %iew of the judge contradicts the applicable doctrine promulgated by the Supreme Court,
nonetheless, he should decide the case in accordance with that doctrine and not in accordance with his
personal %iews. *e is howe%er not prohibited from stating his own opinion on the matter if he wants to
in%ite constructi%e attention thereto.
'le :"8: A =')ge shall maintain or)er an) proper )ecor'm in the co'rts"
'le :"8; A =')ge sho'l) (e patient7 attenti*e7 an) co'rteo's to la$yers7 especially the
ine/perience)7 to litigants7 $itnesses7 an) others appearing (efore the co'rt" A =')ge
sho'l) a*oi) 'nconscio'sly falling into the attit')e of min) that the litigants are ma)e
for the co'rts7 instea) of the co'rts for the litigants"
Conduct of trial must not be attended with fanfare and publicity> not permit pictures or broadcasting.
:ust use temperate language> should not ma'e insulting remar's.
'le :"8> A =')ge shall )ispose of the co'rt4s ('siness promptly an) )eci)e cases
$ithin the re0'ire) perio)s"
'le :"8? .hile a =')ge may7 to promote ='stice7 pre*ent $aste of time or clear 'p
some o(sc'rity7 properly inter*ene in the presentation of e*i)ence )'ring the trial7 it
sho'l) al$ays (e (orne in min) that 'n)'e interference may pre*ent the proper
presentation of the ca'se of the ascertainment of the tr'th"
'le :"8@ A =')ge sho'l) a(stain from ma<ing p'(lic comments on any pen)ing or
impen)ing case an) sho'l) re0'ire similar restraint on the part of co'rt personnel"
Budge should ta'e notes and rely on transcripts.
Budge is not e(cused if stenographer is o%erloaded. *e is e(cused for delay on grounds of multifarious
motions> appellate court enjoins judge from further proceeding> hea%y caseload.
A+,I#ISTATI!E ESPO#SIBILITIES
'le :"8A A =')ge sho'l) )iligently )ischarge a)ministrati*e responsi(ilities7 maintain
professional competence in co'rt managements7 an) facilitate the performance of the
a)ministrati*e f'nctions of other =')ges an) co'rt personnel"
'le :"8C A =')ge sho'l) organi1e an) s'per*ise the co'rt personnel to ens're the
prompt an) efficient )ispatch of ('siness7 an) re0'ire at all times the o(ser*ance of
high stan)ar)s of p'(lic ser*ice an) fi)elity"
'le :"68 A =')ge sho'l) ta<e or inititate appropriate )isciplinary meas'res against
la$yers or co'rt personnel for 'nprofessional con)'ct of $hich the =')ge may ha*e
(ecome a$are"
'le :"66 A =')ge sho'l) appoint commissioners7 recei*ers7 tr'stees7 g'ar)ians7
a)ministrators an) others strictly on the (asis of merit an) 0'alifications7 a*oi)ing
nepotism7 an) fa*oritism" 2nless other$ise allo$e) (y la$7 the same criteria sho'l) (e
o(ser*e) in recommen)ing appointment of co'rt personnel" .here the payment of
compensation is allo$e)7 it sho'l) (e reasona(le an) commens'rate $ith the fair *al'e
of ser*ices ren)ere)"
4scertain that the records of all cases are properly 'ept and managed.
:aintain a chec'list on the cases submitted for decision with a %iew to 'now e(actly the specific deadlines
for the resolutionEdecision of the said cases.
0oss of records6 gross negligence
Should be a good manager.
:ay not summarily suspend a lawyer for indirect contempt.
Budge has the power to appoint, but the power to dismiss court employees is %ested in the Supreme Court.
,f 'nowingly nominate or appoint to any public office any person lac'ing the legal &ualification therefor, shall
be guilty of unlawful appointment punishable with imprisonment and fine )4rt 2"", RPC2.
+ISF2ALI-ICATIO#S
'le :"69 A =')ge sho'l) ta<e no part in procee)ing $here the =')ge4s impartiality
might reasona(ly (e 0'estione)" These cases incl')e7 among others7 procee)ings
$hereB
a" the =')ge has personal <no$le)ge of )isp'te) e*i)entiary facts concerning
the procee)ingB
(" the =')ge ser*e) as e/ec'tor7 a)ministrator7 g'ar)ian7 tr'stee or la$yer in the
case or matters in contro*ersy7 or a former associate of the =')ge ser*e) as
co'nsel )'ring their association7 or the =')ge or la$yer $as a material
$itness thereinB
c" the =')ge4s r'ling in a lo$er co'rt is s'(=ect of re*ie$
)" the =')ge is relate) (y consang'inity or affinity to a party litigant $ithin the ?
th
)egree or to co'nsel $ithin the ;
th
)egreeB
e" the =')ge <no$s that the =')ge4s spo'se or chil) has a financial interest7 as
heir7 legatee7 cre)itor7 fi)'ciary7 or other$ise7 in the s'(=ect matter in
contro*ersy or in a party to the procee)ing7 or any other interest that co'l) (e
s'(stantially affecte) (y the o'tcome of the procee)ing"
In e*ery instance the =')ge shall in)icate the legal reason for inhi(ition"
Petition to dis&ualify judge must be filed before rendition of judgment by the judge> can/t be raised first time
on appeal.
,f a judge denies petition for dis&ualification, the ultimate test6 is whether or not the complaint was depri%ed
of a fair and impartial trial. Remedy6 see' new trial.
E,ITTAL O- +ISF2ALI-ICATIO#
'le :"6: A =')ge )is0'alifie) (y the terms of 'le :"69 may7 instea) of $ith)ra$ing
from the procee)ing7 )isclose on the recor) the (asis of )is0'alification" If7 (ase) on
s'ch )isclos're7 the parties an) la$yers in)epen)ently of the =')ge4s participation7 all
agree in $riting that the reason for the inhi(ition is immaterial or ins'(stantial7 the =')ge
may then participate in the procee)ing" The agreement7 signe) (y all parties an)
la$yers7 shall (e incorporate) in the recor) of the procee)ing"
CA#O# ; A =')ge may7 $ith )'e regar) to official )'ties7 engage in acti*ities to impro*e the
la$7 the legal system an) the a)ministration of ='stice"
'le ;"86 A =')ge may7 to the e/tent that the follo$ing acti*ities )o not impair the
performance of =')icial )'ties or case )o'(t on the =')ge4s impartiality:
a" spea<7 $rite7 lect're7 teach or participate in acti*ities concerning the la$7 the
legal system an) the a)ministration of ='sticeB
(" appear at a p'(lic hearing (efore a legislati*e or e/ec'ti*e (o)y on matters
concerning the la$7 the legal system or the a)ministration of ='stice an)
other$ise cons'lt $ith them on matters concerning the a)ministration of
='sticeB
c" ser*e on any organi1ation )e*ote) to the impro*ement of the la$7 the legal
system or the a)ministration of ='stice"
ecision to engage in these acti%ities depends upon the sound judgement of the judge.
,f has not enough time to spare )such as when caseload is too hea%y2 prudence dictates, he must
concentrate on his judicial duties.
,f a judge has time to spare, the best attitude to ta'e is to participate in acti%ities which are closely related
to the performance of his duties and which do not consume much of his time and energy.
CA#O# > A =')ge sho'l) reg'late e/tra%=')icial acti*ities to minimi1e the ris< of conflict $ith
=')icial acti*ities"
!OCATIO#AL7 CI!IC A#+ CHAITABLE ACTI!ITIES
'le >"86 A =')ge may engage in the follo$ing acti*ities pro*i)e) that they )o not
interfere $ith the performance of =')icial )'ties or )etract from the )ignity of the co'rts:
a" $rite7 lect're7 teach an) spea< on non%legal s'(=ectsB
(" engage in the arts7 sports7 an) other special recreational acti*itiesB
c" participate in ci*ic an) charita(le acti*itiesB
)" ser*e as an officer7 )irector7 tr'stee7 or non%legal a)*isor of a non%profit or
non%political7 e)'cational7 religio's7 charita(le7 fraternal7 or ci*ic organi1ation"
,f they opt to engage in such acti%ities, they must learn how to manage their time in such manner that their
judicial responsibilities do not falter and suffer.
-I#A#CIAL ACTI!ITIES
'le >"89 A =')ge shall refrain from financial an) ('siness )ealings that ten)s to
reflect a)*ersely on the co'rt4s impartiality7 interfere $ith the proper performance of
=')icial acti*ities7 or increase in*ol*ements $ith la$yers or persons li<ely to come
(efore the co'rt" A =')ge sho'l) so manage in*estments an) other financial interests as
to minimi1e the n'm(er of cases gi*ing gro'n)s for )is0'alification"
'le >"8: S'(=ect to the pro*isions of the procee)ing r'le7 a =')ge may hol) an)
manage in*estments ('t sho'l) not ser*e as an officer7 )irector7 manager7 a)*isor7 or
employee of any ('siness e/cept as )irector of a family ('siness of the =')ge"
'le >"8; A =')ge or any7 imme)iate mem(er of the family7 shall not accept a gift7
(e0'est7 fa*or or loan from anyone e/cept as may (e allo$e) (y la$"
'le >"8> #o information ac0'ire) in a =')icial capacity shall (e 'se) or )isclose) (y a
=')ge in any financial )ealing or for any other p'rpose not relate) to =')icial acti*ities"
Prohibitions under the Re%ised Penal Code6
4rt 21#. P#ohi2ited '#ansation. $he penalty of )#ision o##eional in its minimum period or a fine
ranging from P2GG to P1GGG or both, shall be imposed upon any appointi%e public officer who, during his
incumbency, shall directly or indirectly become interested in any transaction of e(change or speculation within
the territory subject to his jurisdiction.
4rt 21A. Possession o" )#ohi2ited inte#est 2y a )u2li o""ie#. $he penalty of a##esto .ayo# in its medium
period to )#ision o##eional in its minimum period, or a fine ranging from P2GG to P1GGG, or both, shall be
imposed upon a public officer who directly and indirectly, shall become interested in any contract or business
which it is his official duty to inter%ene.
Se *. Co##u)t )#aties o" )u2li o""ie#s. ,n addition to acts or omissions of public officers already
penali=ed by e(isting law, the following shall constitute corrupt practices of any public officer and are
hereby declared to be unlawful6
KKK
)h2 irectly or indirectly ha%ing financial or pecuniary interest in any business, or contract or transaction
in connection with which here inter%enes or ta'es part in his official capacity or in which he is prohibited
by the Constitution or by any law from ha%ing any interest, )Sec. !)h2, R4 !G1I2
General 'le6 4%oid ta'ing or recei%ing loans from litigants.
E/ception )4CCP426 9nsolicited gifts or presents of small %alue offered or gi%en as a mere ordinary to'en
of gratitude or friendship according to local custom or usage.
-I+2CIA3 ACTI!ITIES
'le >"8? A =')ge sho'l) not ser*e as the e/ec'tion a)ministrator7 tr'stee7 g'ar)ian7
or other fi)'ciary7 e/cept for the estate7 tr'st7 or person of a mem(er of the imme)iate
family an) then only if s'ch ser*ice $ill not interfere $ith the proper performance of
=')icial )'ties" Gmem(er of imme)iate familyH shall (e limite) to the spo'se an)
relati*es $ithin the secon) )egree of consang'inity" As a family fi)'ciary7 a =')ge shall
not:
a" ser*e in procee)ings that might come (efore the co'rt of sai) =')geB or
(" act as s'ch contrary to 'le >"89 to >"8>
PACTICE O- LA. A#+ OTHE PO-ESSIO#
'le >"8@ A =')ge shall not engage in the pri*ate practice of la$" 2nless prohi(ite) (y
the Constit'tion or la$7 a =')ge may engage in the practice of any other profession
pro*i)e) that s'ch practice $ill not conflict or ten) to conflict $ith =')icial f'nctions"
,ncludes preparation of pleadings or papers in anticipation of litigation, and gi%ing of legal ad%ice to clients
or persons needing the same.
8ot engage in notarial wor'. E(ception6 -8otaries public e(@oficio. @ may engage only in notari=ation of
documents connected with the e(ercise of their official functions. Pro%ided, all notarial fees on account of
the go%ernment and certification attesting to lac' of any lawyer or 8otary Public.
Sworn statement of assets and liabilities including statement of amounts and ser%ices of income, the
amount of personal and family e(penses and the amount of income ta( is paid for the ne(t preceding
calendar year.
-I#A#CIAL +ISCLOS2E
'le >"8A A =')ge shall ma<e f'll financial )isclos're as re0'ire) (y la$"
EITA%E2+ICIAL APPOI#T,E#TS
'le >"8C A =')ge shall not accept appointment or )esignation to any agency
performing 0'asi%=')icial or a)ministrati*e f'nctions"
POLITICAL ACTI!ITIES
'le >"68 A =')ge is entitle) to entertain personal *ie$s on political 0'estions" B't to
a*oi) s'spicion of political partisanship7 a =')ge shall not ma<e political speeches7
contri('te to party f'n)s7 p'(licly en)orse can)i)ates for political office or participate
in other partisan political acti*ities"
CO,PLIA#CE .ITH THE CO+E O- E2+ICIAL CO#+2CT
All =')ges shall strictly comply $ith this co)e
+ATE O- E--ECTI!IT3
This co)e7 prom'lgate) on > Septem(er 6CAC7 shall ta<e effect on 98 Octo(er 6CAC"
4n administrati%e case against a judge is not necessarily dismissed by the withdrawal by or desistance of
the complainant.
Retirement, resignation or promotion of a judge does not necessarily render moot and academic all the
cases against him.
Ci%il 0iabilities Re ;fficial 3unctions6
a. obstructs, defeats, %iolates or in any manner impedes or impairs the ci%il rights.
b. Dillful or negligent rendition of a decision which causes damages to another
c. 3or damages6 renderingEneglecting to decide a case causing loss to a party.
Ci%il Code isabilities6
Rule6 Can/t purchase properties subject of litigation is his court.
E(ception6 oes not apply where the subject property was not ac&uired from any of the parties to the
case, nor will it apply when the litigation is already finished.
+utP while in a technical sense, the judge may not ha%e ac&uired the property in litigation in a case
before him, ne%ertheless, it is improper for him to ha%e done so under the canons of judicial ethics.
onations made to a judge by reason of his office are %oid.
$a'ing ad%antage of his position to boost his candidacy amounts to gross misconduct.
Cannot ser%e as officers or ad%isers of political groups.
CI,I#AL LIABILITIES O- E2+GES
:alfeasance under the RPC6
a. Lnowingly Rendering 9njust Budgment (A#t. 203, RPC)
$he elements are6
1. that the officer is a judge>
2. that he renders judgment in a case submitted to him for decision>
!. that the judgment is unjust>
". the judge 'nows that his judgment is unjust.
b. Budgment Rendered $hrough 8egligence (A#t. 20,, RPC)
$he elements are6
1. that the offender is a judge>
2. that he renders judgment in a case submitted to him for decision
!. that the judgment is manifestly unjust>
". that is due to his ine(cusable negligence or ignorance.
#otaries P'(lic
Powers and uties of a 8otary Public
Section 2"1 of the Re%ised 4dministrati%e 4ct enumerates the Ceneral Powers of a 8otary Public6
1. $o administer all oaths and affirmations pro%ided for by law6
a. in all matters incident to his notarial office>
b. in the e(ecution of6
1. affida%its
2. depositions
!. other documents re&uiring an oath
2. $o recei%e proof or ac'nowledgment of all writings relating to commerce, such as
a. ships, %essels or boats6
1. +ills of E(change
2. +ottomries
!. :ortgages
". *ypothecations
b. charter parties or affreightments
c. letters of attorney
d. landEbuildings or interest therein6
1. deeds
2. mortgages
!. transfers and assignments
e. other writings as are commonly pro%ided or ac'nowledged before notaries.
3 !. $o act as magistrate in the writing of affida%its or depositions
". $o ma'e declarations and certify the truth thereof under his seal of office, concerning all matters
done by him in %irtue of his office.
$he law imposes on the notary public two 'inds of duties6
a. e(ecution of formalities re&uired by law> and
b. %erification of the capacity and identity of the parties as well as the legality of the act e(ecuted.
E(tent of Burisdiction of a 8otary Public6
9nder the 8otarial 0aw, the jurisdiction of a notary public in general, used to be C;@EK$E8S,5E with
the pro%ince for which he was commissioned> and for the notary public in the City of :anila, the jurisdiction is
C;@EK$E8S,5E with said city. Circular 7 of 1I7# howe%er, clarified further that the notary public may be
commissioned for the same term only by one court within the :etro :anila region.
<6 :ust a 8otary Public always be a 04DOERH
46 ?ene#al Rule: ;nly those admitted to the practice of law are &ualified to be notaries public.
:>e)tion6 Dhen there are no persons with the necessary &ualifications ;R where there are &ualified
persons but refuse appointment. ,n which case, the following persons may be appointed as notaries6
a. those who ha%e passed the studies of law in a reputable uni%ersity
b. a cler' or deputy cler' of court for a period of not less than two years
Effects of 8;$4R,Q4$,;8
1. $he notary, in effect, proclaims to the world6
a. that all the parties therein personally appeared before him
b. that they are personally 'nown to him
c. that they are the same persons who e(ecuted the instrument
d. that he in&uired into the %oluntariness of the e(ecution of the instrument> and
e. that they ac'nowledged personally before him that they %oluntarily and freely e(ecuted the same
2. Con%erts a pri%ate document into a public one and renders it admissible in court without further proof of its
authenticity. )/oson vs. $alta<a#)
*. ocuments enjoy a presumption of regularity. ,t constitutes prima facie e%idence of the facts which gi%e rise
to their e(ecution and of the date of said e(ecution, but not of the truthfulness of the statements. $he
reason for the former presumption is that the law assumes that the act which the officer witnesses and
certified to or the date written by him are not shown to be false since notaries are public officers.