BAR REVIEWER in Legal and Judicial Ethics 2005 Edition —oo BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ERNANI CRUZ PANO Retired Court Administrator, Supreme Court; Law Professor; Formerly Judge, Regional Trial Court, Pasig, Br. 88, Quezon City; Member, Supreme Court Rules of Court Revision Committee; Committee Continuous Trial, Trial Committee; Participant, 1978 Harvard Law School Special Program, Quezon City: Lecturer, U.P. Law Center; U.P. College of Law U.S.T, San Beda College of Law; MLQU, U.E. School of Law; Participant, 1981 California Judicial College University of California, Academy of Trial Judges; International Associate, American Bar Association ~ 2005 EDITION 856 Nicanor Reyes Sr, St. Tel. Nos. 736-05-67 » 7365-13-64 1977 CM. Recto Avenue | Tel. Nos. 735:56-27 + 735-55-34 : Manila, Philippines 3 - ‘Introduction TABLE OF CONTENTS PartI OVERVIEW OF ETHICS Various Concepts of Ethics by Philosophers . Divisions of Ethics a Life ., b, Knowledge c Play ., d. Aesthetic Experienc e. Sociability (Friendship) f. _ Practical Reasonablenes: g. Religion... Complaint .... Part I QUESTIONS AND ANSWERS IN LEGAL ETHICS .... Part Ill CASES IN JUDICIAL ETHICS 2. Judge Liable for Dismissal for Continuing Immoral Relation after having been Previously Disciplined for such Misconduct 3, Immoral Advanees on a Litigant by a Judge Ground for Dismissal . 4, A Judge should not Depend on Subordinates to Remind Him of His Deadline... ix RRR WOOD DHE 92 92 93 94i 10. nL 12, 13. M4. 15. 16. 17. 18. 19. Judge could not Act on Motions without Proof of Service won Erroneous Anquittal by Judge a Ground for Admonition. One Month Salary Fine for Erroneous Quashal of Criminal Information . Amicable Settlement between Respondent ‘and Complainant not a Ground to Dismiss Charges Holding in Abeyance of Warrant of Arrest Due to Reinvestigation Not Allowed .« ‘A Misuse of the Word “GIMMICK” While Not Warranting Censure is Deserving of Admonition .... Seven-Day Salary Fine for Delivering Speech in a Political Convention Failure to Apply Indeterminate Judgment ‘Sentence Law. Judge Liable for Two Months Salary Fine What Constitutes Rendition of Judgment. Judge Fined for Detention of Contemnor ‘on Indirect Conterapt Without Hearing ‘Non-Docketing of Cases Warrants Reprimand.. Errors in Penalty Denial of Inhibition Upheld.. May a judge be held administratively liable for rendering an erroneous order or judgment ‘What is the liability of the judge who allows her husband, a private practitioner to use the address of her court as his office address? Is acceptance of a consultancy contract in a GOCC a violation of the prohibition from reappointment imposed on a judge in the administrative cases? ... 95, 95 100 100 101 101 101 21, Serenity and Ability to Koop One's Cool Required of Judges : Harosament of Judges Not Countenanced .. Calling a Party an “Octopus, Dictator” ete., Impropor for a Judge Use of Car Undor Lovy Use of Falsified Evidence Compromise After Misappropriation BB Ignorance on Jurisdiction Issue on Appeal Cannot Be Basis for Administrative case Affidavit of Desistance Not Ground for Dismissal of Complaint ‘Non-Transcription of Stenographic Notes — No Excuse for Delay in Decision . Anonymous Complaints may be Entertained if Verifiable from Public Records Condonation by Judge's Wife of Husband's Concubinage does not Preclude Dismissal Serious or Grave Misconduct, Defined .. Respectful Request for a Judge to Inhibit Himeelf is not Contemp! Prosecutor who was appointed District Judge May Not be Charged for Actuations as Prosecutor where Chief Executive Dismissed Charges. Aberrations Due to Negligence not Serious Misconduct 37. Failure of a Judge to Inhibit Himselfin a Case Involving his Nephew Violation of Judicial Ethics 38. Referral of Tenancy Determination to Secretary of Agrarian Reform is not Professional Incompetence of the Judge . $ B BSSEE 2 & £8 8 8 102 102 103 104 104 105 106 107 107 108 109 109 110 a m1 112 13 11339. Contumacious Act Against the Provincial Board May Not be Punished as Direct Contempt of the Court of First Instance... 40, Ex-Parte Hearing Justified in the Absence of Oppositor 41, Error of Judgment Not an Unjust Decision. 42, Dismissal Where Two Charges are Substantially the Same . 43. Administering Oath Without AMfiant Censurable 44, Not Evory Ruling Calls for Disciplinary Action... 45, Effect of Cessation from Office Part IV ‘ RULES 138-139-B, RULES OF COURT Rule 138 — Attorneys and Admission to Bar. Rule 138-A ~ Law Student Practice Rule Rule 139 — Disbarment or Suspension of Attorneys Rule 139-A — Integrated Bar of the Philippine Rulo 139-B — Disbarment and Discipline of Attorneys PartV CASE NOTES — LEGAL ETHICS 1, Unimpeachable Accounting of Clients’ Funds Required . Presumption of Innocence . Attorney's Fees... |. Conflict of Interest . Unauthorized Settlement by Lawyer, Unethical ... ee en ai m4 18 6 6 uz 117 uz 118 128 128 131 138 145 146 147 148 149 7. 10. i 12, 13. . Non-filing of Brief ,.. Contempt for Disrespectful Language .. }. Notarization of Document Without Vendor's Signature is Malpractice Unauthorized Practice by Court Personnel, Ground for Dismissal... Dismissal of Criminal Action Ground to Dismi Disbarment Proceedings Conviction of Client Not Considered Negligence Filing of Motion for Extension on the Last Day and Sending it by Registered Mail shows Lack of Professional Competence and Diligence Controversies With Client's on Attorney's Fees to be Avoided APPENDICES 231 255 257 264 274Part | OVERVIEW OF ETHICS Introduction Ethies is about how we ought to live. What makes an action the right, rather than the wrong thing to do. Etymologically, the word Ethics is from the Greek word ETHIKOS, in turn from ETHOS, usage, character, disposition, manner and the more formal definition of ethics is that, it is an inquiry into the nature, morality or moral acts; the search for the morally good and right. Ethics is the word used to refer to the set of rule, principles or ways of thinking that guide, or claim authority to guide the actions of a particular group. Ethics suggests a set of duties that require us to subordi- nate our natural desire (including sexual desire) in order to obey the moral law. Various Concepts of Ethics by Philosophors 1, Plato considered Ethics as something inspired to the weuker party by the stronger. Aristotle thought that virtue has to be taught and then practiced, so that it becomes a habit. The Chinese philosopher, Mencius, thought that human beings pos- sess innate sense of right and wrong, They do evil because adverse condition have corrupted their nature. Rousseau saw man as a noble savage satisfied by the bounty of nature. Hu: man being for Roussacu were naturally ethical being, It is civilization and the concept of property that has corrupted them. Hume posits that men are torn between their sense of human: 12 BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ‘on so that the function of ethics ity and our avarice and ambiti u ts that meet with the general is to reinforce those sentiment approval of all. Materialist philosophers like Marx, Kant, together with Charles Darwin confined Ethics to economic arrangement un- der which human live — the way they produce their food, their means of production whether they live under a feudal or capi- talist economy. Specifically, Charles Darwin viewed that the origin of ethies is the social instincts which bares ethical behavior motivated by the instinctive desire to promote the common ‘good. Freud viewed that the origin of ethics is the desire to resolve the conflict between the individual and the collective ego. DIVISIONS OF ETHICS 1». The field of Ethics is commonly divided into two parts — (a) Meta ethics and (b) Normative ethies Meta ethics deals with the reflections on philosophy of ethics; Normative ethize is applied ethics, a study of ethics intended to influence men. Normative ethics refers to norms, values, rule, standards or principle that should guide our deci sion about what we ought to do. Legal ethies:is an example of normative ethics. According to John Finnie, a professor of Legal Philosophy in the University of Oxford, in his article “Natural Law and Natural Rights” the basic values are: A. Life A first basic value, corresponding to the drive of self ervation is the value of life. The term “if” here Seas ‘aspect of the vitality (vita, life) which puts a human being in good shape for self-detormination, Hence, life here includes bodily (including cerebral) health and freedom from the pain that betokens organic malfunctioning or injury. And the recog- nition, pursuit, and realization of this basic human purpose (or internally related group of purposes) are as various as the crafty struggle and prayer of a man overboard secking to stay afloat until his ship turns back for him; the team-work of surgeons OVERVIEW OF ETHICS : and the whole network of supporting staff, ancillary services, medical schools, ete,; road safety laws and programmes; famine relief expeditions; fanning and rearing and fishing; food mar- keting; the resuscitation of suicides; watching out as one steps off the kerb, B. Knowledge The second basic value is knowledge, considered as desir- able for its own sake, not merely instrumentally. Cc. Play The third basic aspect of human well-being is play. A cer- tain sort of moralist analyzing human goods may overlook this basic value, but an anthropologist will not fall to observe this large and irreducible element in human culture. More impor- tantly, each one of us can see the point of engaging in perform- ances which have no point beyond the performance itself, en- joyed for its own sake. The performance may be solitary or social, intellectual or physical, strenuous or relaxed, highly structured or relatively informal, conventional or ad hoe in its pattern.... An element of play can enter into human activity, even the drafting of enactments, but is always analytically distinguishable from its “serious” context; and some activities, enterprises, and institutions are entirely or primarily pure play. Play, then, has, and is its own value. D. Aesthetic Experience ‘The fourth basic component in our flourishing is aesthetic experience. Many forms of play, such as dance or song or foot- ball, are the matrix or occasion of acsthetie experience. But beauty is not an indispensable element of play. Moreover, beau- tiful form can be found and enjoyed in nature. Aesthetic experi- ence, unlike play, need not involve an action of one’s own: what is sought after and valued for its own sake may simply be the beautiful form “outside” one, and the “inner” experience of ap- preciation ofits beauty, But often enough the valued experience is found in the creation and/or active appreciation of some work of significant and satisfying form.‘ BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS E, Sociability (Friendship) Fifthly, there is the value of that sociability which in its weakest form is realized by a minimum of peace and harmony amongst men, and which ranges through the forms of human community to ite strongest form in the flowering of full friend- ship. Some of the collaboration between one person and an- other is no more than instrumental to the realization by each of his own individual purposes. But friendship involves acting for the sake of one’s friend’s purposes, one’s friend’s well-being. To bein a relationship of friendship with at least one other person is a fundamental form of good, is it now? F. Practical Reasonableness Sixthly, there is the basic good of being able to bring one’s ‘own intelligence to bear effectively (in practical reasoning that iscues in action) on the problems of choosing one’s actions and lifestyle shaping one’s own character. Negatively, this involves, that me has a measure of effective freedom; positively, it in- volves that one seeks bring an intelligent and reasonable order into one’s own actions and habits and practical attitudes. This order in turn has (i) an internal aspect, as when one strives to bring one’s emotions and dispositions into the harmony of an inner peace of mind that is not merely the product of drugs or indoctrination nor merely passive in its orientation; and (ii) an external aspect, as when one strives to make one’s actions (which are external in that they change states of affairs in the world and often enough affect the relations between persons), au- thentic that is to say, genuine realizations of one’s own freely ordered evaluations, preferences, hopes, and self-determina- tion. This value is thus complex, involving freedom and reason, integrity and authenticity. But it has a sufficient unity to be treated as one; and for a label I choose “practical reasonableness.” G. Religion Soventhly, and finally in this list, there is the value of what, since Cicero, we summarily and lamely call “religion.” For, as there is the order of means to ends, and the pursuit of life, truth, play and aesthetic experience in some individually selected order of priorities and pattern of specialization, and te en OVERVIEW OF ETHICS 6 the order that can be brought into human relations through collaboration, community and friendship, and the order that is to be brought into one’s character and activity through inner integrity and outer authenticity, so, finally there arise such questions as (a) How are all these orders, which have their immediate origin in human initiative and pass away in death, related to the lasting order of the whole cosmos and to the origin, in any, of that order? (b) Is it not perhaps the case that human freedom, in which one rises above the determinism of instinct and impulse to an intelligent gresp of worthwhile forms of good, and through which one shapes and masters one’s envi- ronment but also one’s own character, is itself somehow suber- dinate to something which makes that human freedom, human intelligence, and human mastery possible (not just “originally” but from moment to moment) and which is free, intelligent and sovereign in a way (and over a range) no human being can be?Part Il QUESTIONS AND ANSWERS IN LEGAL ETHICS 1. Q Whyis law considered a profession? A. Aprofession is characterized by four (4) traits sak rd specialized body ofknowledge a commitment othe ility to ii i social god, the ability to regulate itself, and high A profession is the activity of groups of sons whor (1) are engaged in a earned ectivity (2) the engagement is more or less full time; (3) the act itselfis helpful to others in some important way; (4) the persons so engaged form an organization gov- eraing how they Practice their act; (5) the govern- is primarily for the publi rather than for the good of those coogi Under this definition, law is a professi cause law isa learned activity. Ite members hee an advanced degree and passa difficult competency examination. Lawyers spend much of their time pro- viding an important service to others. Lawyers have organized themselves with national, state, country city associations. Among the purposes of such associations are maintaining the integrity and com- Petence of lawyers, making legal counsel available (gall who need it and improving the legal system, (See Ethice and the Legal Profession by Michacl vis and Frederick A. Elliston, pp. 24-25) - Q. Judge G was assigned a courthouse, a residential bullding. He devoted some rooms in the house for GAL ETHICS 1 QUESTIONS AND ANSWERS IN 11 the dwelling of his family. When the owner com: plained, he cited the housing shortage. Also, that hho Is able to guard court records. Is the Judge Ik able? ‘A. Yes, Such use of the court’s premises inevitably de- grades the honor and dignity of the court and hence prejudices the administration of justice. Activities of a judge in respect of their personal affairs aro subject to the supervisory authority of the court whenever such conduct places the entire judiciary in danger of public disrepute. (Min. Resolution, Adm. RTJ 89-327, 17 October 1991, citing Babatio vs. Tan, 109 SCRA 417) 3. @. May a lawyer be considered as engaging in law practice although he does not appear In court liti- gations? A. Yes. Atty. M’s past work experiences as a lawyer economist, a lawyer-manager, a lawyer-entre- preneur of industry, a lawyer-negotiator of contracts, anda lawyer legislator of both the rich and the poor — verily more than satisfy the constitutional requirement — thathe has been engaged in the prac- tice of law for at least ten years. ‘The practice of law is not limited to the con- duct in court, (Land Title Abstract and Trust Co. vs. Dworken, 129 Ohio St. 23, 193 N.B. 660)A person is ‘also considered to be in the practice of law when he: “xxx for valuable consideration engaged in the business of advising person, firms, as- sociations or corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings pend- ing or prospective, before any court, commis- sioner, referee, board, body, committee, or com- mission constituted by law or authorized to set tle controversies and there, in such representa tive capacity performs any act or acts for the purpose of obtaining or defending the rights ofBAR REVIEWER IN LEGAL AND JUDICIAL ETHICS their clicnts under the law. Otherwise stated, one who in a representative capacity, engages in the business of advising clients as to their rights under the law, or while so engaged per- forms any act or acts either in court or outside of court for that purpose, is engaged in the prac- tice of law.” (State ex rel. Mckitrick vs. C.S. Dudley and Co,, 102 S.W. 2d 895, 340 Mo. 852) ‘This Court in the case of Philippine Lawyers Association vs, Agrava (105 Phil. 173, 176-177) stated: “The practice of law is not limited to the conduct of cases or litigation in court; it em- braces the preparation of pleadings and other papers incident to actions and special proceed- ings, the management of such actions and pre- ceedings on behalf of clients before judges and courts, and in addition, conveying. In general, all advice to clients, and all action taken for them in matters connected with the law incor- poration services, assessment and condemna- tion services contemplating an appearance before a judicial body, the foreclosure of a mort- goge, enforcement of acreditor’s claim in bank- ruptey and insolvency proceedings, and con- ducting proceedings in attachment, and in matters of estate and guardianship have been held to constitute law practice, as do the prepa- ration and drafting of legal instruments, where the work done involves the determination by the trained legl ind fhe legal fet oics and conditions.” (Cayetano vs. M 100113, 3 September 1991) ono 4. Q May a lawyer execute a mortgage contract over the estate proporty after partition is aj pproved but botore the estate proceeding is declared closed? No. Until estate proceeding i uU ig is declared closed and terminated, even if a project of partition has been 5. Q. 6 a A. QUESTIONS AND ANSWERS IN LEGAL ETHICS approved, estate property still in litigation and at- torney for the estate cannot execute a mortgage con- tract over estate property. (Fornilda vs. Bradish 164, GR. No, 72306, 24 Jan. 1989) Distinguish the power to cite for contempt and the disciplinary power over lawyers. Disciplinary power is broader than the power to cite for contempt. Contempt power does not exhaust the court's disciplinary power — a lawyer's act which obstructs or degrades administration of justice con- stitutes both professional misconduct and contuma- cious conduct. It cannot be said that the exercise of discipli- nary authority by the court when it is unjustly at- tacked constitutes the court an offended party, pros- ecutor and judge at the same time, A libel suit is not the remedy of the judge be- cause the outrage is directed not to the judge as such but to the court as an organ of the administration of justice. Also, a judge must confine his time exelu- sively in discharging his public duties; public inter- est suffers when the judge is disrobed of his judicial ‘authority to face his assailant on equal grounds to prosecute cases as a private individual. (Zaldivar vs. Gonzales, G.R. Ne. 60578, 7 Oct. 1988) Is indefinite suspension of a lawyer a cruel pun- Ishment? No. Indefinite suspension gives the lawyer the key to the restoration of his right by giving him a chance to purge himself in his own good time of his con- tempt or misconduct by acknowledging his miscon- duct, exhibiting appropriate repentance, and dem- onstrating his willingness and capacity to live up to the exacting standards required of every lawyer. (Zaldivar vs. Sandiganbayan, G.R. No. 80578, 1 Feb. 1989)10 2 Qa 2a A BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS What is the criterla for reinstatement of a disbarred lawyer? ‘a. Appreciation of the significance of his derelic- tion. b. Assurance to the court that he now possesses the requisite probity and integrity necessary to guarantee his worthiness to be restored to the practice of law. ‘ ¢. the time elapsed between disbarment and ap- plication for reinstatement. good conduct and honorable dealing subse- quent to his disbarment. €. active involvement in civic, educational and re- ligious organizations. £ favorable indorsement of IBP as well as local government officials and citizens of his com- munity. g. the pleas of his mother and wife for the sake and fortune of his family. (Tan vs. Sabandal, 170 SCRA 211) May a lawyer with a contingent fee agreement ap- peal an order of dismissal in substitution of his own client who asked for the dismissal of the es- tate proceeding? No. The lawyer of testamentary heirs under a con- tingent fee contract cannot substitute for his client who acks for dismissal of probate proceedings; law- yer cannot appeal on behalf of client, (Leviste vs. Court of Appeals, G.R. No. L-29164, 30 Jan, 1989) When should the amount of att termined? ettoregys Tes beiGe ‘The determination of attorney's fees may be mad only after the main litigation has been decided The determination may be made in the same action in M 412. QUESTIONS AND ANSWERS IN LEGAL ETHICS " which the services have been rendered although the attorney’ fees is less than the amount prescribed for the court’s jurisdiction. (Quirante vs. LAC, G.R. No. 73886, 31 Jan. 1989) Lawyer B recorded a charging lien in the case. Ak though the case was dismissed, and there was no award for his client, he asked the court to order payment of fees. Is this tenable? No. Where no amount is awarded to a party, and hence, there is nothing to generate such lien, the lawyer's lien cannot be enforced. He must institute a separate suit for his fees. Also, a lawyer has no lien on the land of his client although he successfully prosecuted an action toestablish the client's title thereto. There is no stat- ute authorizing such lion. (See Metropolitan Bank and Trust Co. vs. CA, G.R. Nos. 8610-03, 23 Jan. 1990, Second Division) J&B were former partners of XYZ law office. They tesigned and formed their law office which repre- sented SIH against PBC, who Is represented by XYZ law firm. PBC objects to the appearance of J &B who demurred on the ground that they did not participate in the case of PBC when they were still members of the XYZ law office. May J & B be dis- qualified? Yes, Whether or not J & B participated in the case of PBC when they were still members of XYZ law firm is of no moment. As former members of the XYZ law firm, they were privy to information that may be prejudicial to PBC’s cause of action. (Phil. Bloom- ing Mills Co. vs, CA, G.R. No. 87053, 29 Nov. 1989) Would you consider the following statements in a pleading before a Supreme Court disrespectful lar guage meriting sanction?13, BAR REVIEWER IN LEGALAND JUDICIAL ETHICS decision of the Court in the above sitsoea Case reads more like a brief for the Ayala x xx. The Court not ‘only put to serious: question its own integrity and competence but also jeopardized Its own campaign against graft and corruption undeniably per. ‘vading the judiclary xx x. Itis submitted that this ruling is the most serious reflection on the Court’s competence and Integrity and exemplifies its manifest partiality towards Ayala xxx.” ‘A. Theremarks made by a former judge is disrespect- ful and warrants imposition of a fine. As a former judge, counsel should know that in any litigation, ‘one party prevails but his success will not justify indictment of bribery by the other party. Respond- ent is entitled to his opinion but not licensed to in- sult the Court with derogatory statements and re- course to argumenta ad hominem. (Sangalang vs. IAC, G.R. No, 71169, 30 Aug. 1989) Q. Atty. A, a rich man and chairman of a college of medicine and very much married, engaged in ‘sexual intercourse with a student of the school and begot a child with hor. The Solicitor General lier, recommended a three-year suspension for the lawyer. As the matter was pending for ten years since the recommendation was made, and further that complainant had gone and with respondent knowing him to be a married man, asked for the dismissal of the case for being moot and academic. The OSG asked the Court to consider respondent suspended for the ten-year period the case was pending as the lawyer was not engaged in law prac- tice. Is the recommendation tenable? A. No. The lawyer should be disbarred. As the lawyer, a rich man, is not really practicing, his suspension would serve no redeeming purpose. The fact that he is arich man and does not practice, does not render respondent a person of good moral character. (De los Reyes vs. Aznar, AM No. 1334, 28 Nov. 1989) 14. a A. 15. Q A 6. a A QUESTIONS AND ANSWERS IN LEGAL ETHICS 18 When is a judge deemed to have “knowingly ren- dered” an unjust decision? A judge is expected to follow the rules prescribed to ensure a fair and unpartial hearing, assess the different factors that emerge therefrom and bear on the issues presented, and as the basis of the conclusions he finally established, with only his conscience and knowledge of the law to guide him, adjudicate the case accordingly. If in the view of the judge, the evidence for the defense was enti- tled to more weight and credence, he cannot be held to account administratively for the result of his ratiocination. For that is the very essence of judicial inquiry; otherwise the burdens of judicial office would be intolerable. Mere errors in the appreciation of evidence, unless so gross and patent as to produce an infer- ence of ignorance or bad faith, or that the judge knowingly rendered an unjust decision are irrel- evant and immaterial in administrative proceeding against him, (Miranda vs. Manalastas, AM. MTJ 89-159, 21 Dec. 1989) When are libelous statements considered privi- leged? ‘These statements are privileged only when relevant to the issues raised. Thus, in a collection case filed by @ rural bank against a borrower, a third party complaint against the bank manager which imputes to the bank manager acts of misappropriation that were unrelated to the issue of indebtedness, the li- belous statements were not deemed privileged. (Paredes vs. IAC, G.R, No. 70717, 9 May 1990) May ajudge file a petition for certiorari to review a Court of Appeals decision which reversed or modified his decision? No. The judge is only a nominel party impleaded to comply with the rules. A decent regard for the judi-1“ 17. @ A 18. Q A 19. a A ‘BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ; ing against the cial hierarchy bars a judge from sun adverse opinion ofa higher court. panting ure of Appeals, G.R. No. 1-46845, April 27, 1990) Ajudge of a Municipal Trial Court struck off an an- swer prepared by 2 party calling it a mere “scrap of paper” without the assistance of a counsel. He advised the party to secure a lawyer. Does this constitute misconduct? A party need not be a lawyer to conduct his own litigation. It is not therefore correct to consider the answer a “mere scrap of paper.” However, a judge may properly advise a party to seek assistance of a lawyer so that the party’s pleading may be properly prepared in the interest of orderliness and efficiency. (Cabandong vs. Judge Calderon, AM No. RTJ-8943, 20 Feb. 1990) ‘Aludge did not disclose that he had pending criml- nal cases filed against him at the time of his ap- pointment. His defense was that he is presumed innocent of the charges before his conviction. May he be removed for such non-disclosure? ‘Yes, He had the duty to disclose such information to enable the appointing authority to determine his eligibility for the office. Every prospective appointee must apprise the appointing authority of every mat- ter hearin on his fitness for judicial office, includ- ing those that reflect on his integrity and probity as he On ar uoten. (3) of the 1987 Consti- n. (Office of the Court Administrator vs. J Estacion, AM RTJ.87.104, 11 Jan, 1980) ue May a lawyor terminate his bar membership? Yes, under See. 21, Art. If of th 21, Art, ie IBP By-Laws, a 73- year old lawyer who had not practiced hia profes- on ne his retirement as a government official as allowed to terminate by the Court after filing 20. 24. a QUESTIONS AND ANSWERS IN LEGAL ETHICS 15 the requisite verified notice of termination with the Secretary of the Integrated Bar. (In re Atty. Jose Principe, Bar No. 543, 20 Sept. 1990) May the Solicitor General refuse to appearinacase if he disagrees with the stand of a government agency seeking to be represented by his office? No, Even if the opinion of the Solicitor General is, inconsistent with the government or any ofits agen- cies he is expected to represent, he should still ap- pear and inform the Court of his stand. ‘Thus, in criminal cases, the Solicitor General may recommend acquittal. The Solicitor General is the lawyer of the government in any litigation pro- ceeding, investigation, or matter requiring the serv- jces of a lawyer. The only exception is when such officials or agents are being charged criminally or are being civilly sued for damages arising from a felony. (Orbos vs. Civil Service Commission, G.R. No. 92561, 12 Sept. 1990) Atty. V was the managing partner of a partnership HUV and at the same time legal counsel of L, in the latter's capacity as a special administrator of the Intestate estate of F. The partnership HJV and the ‘estate represented by L executed a lease contract cover sugar lands owned by the estate with Atty. V signing as manager of the partnership. Charged with misconduct, his defense was that he only acted as agent of HJV, and also the heirs of the estate acquiesced and consented to the contract. ts this tenable? No. This conduct is contrary to Arts, 1461 and 1646 of the New Civil Code, prohibiting acquisition of the client's property, Canon 1 of the Code of Professional Responsibility and Secs. 3 and 26, Rule 188, Rules of Court. (See Mananguil vs. Villagas, Adm. 2430, ) 30 August 18 2. 27. a 28. a. BAR REVIEWERIN LEGAL AND JUDICIAL ETHICS ‘on terminated his employment as le~ a staple the theory that the cllent may ter. jal assistant aerate the lawyer's services with or without cause, Is this correct? No: Atty, M was not hired on a retainer basis, Un. der the contro! test, itis clear that Atty. M was an employee and the termination of his service is gov. _ armed by the labor code. (See Hydro Resources va, Labor Arbiter, G.R. No. 62909, Third Division, 12 April 1989) A lawyer for the accused moved for the dismissal of the appeal of his client because he. believes the appeal was frivolous. Is this proper? No. Ifthe lawyer believes the appeal to be frivolous, he must withdraw his appearance. He cannot move to dismiss the appeal. (People vs. Pagaro, Minute Resolution, G.R. Nos. 93026-27, 24 July 1991) May Judges join provincial committees on justice? No. Judges cannot occupy positions in agencies which would make them subordinates of executive or legislative officials. Thus judges cannot be mem- bers of a committee created by Executive Order which performs administrative function and is un- der the supervision of the Secretary of Justice. How- ever, they may extend assistance to such committee when such assistance may be reasonably incidental to the fulfillment of their judicial duties, (In re: Judge Mindaro, AM No. 88-7, 5 Oct. 1988) 1s membership of the judge and lawyer in the same college fraternity, or their being graduates of the ‘same school a ground for disqualification? No. Membership in a coll it . lege fraternity or in an alumni association or civic group like Rotary ia not @ ground for inhibition. Such members are even ex 93-05 Bows 63 ae Baan. > 2 QUESTIONS AND ANSWERS IN LEGAL ETHICS 19 pected to maintain the highest standards of probity. Thus, a complainant cannot ask that a judge inhibit himself because he and the respondent are mem- bers of Sigma Rho. (See Bellosillo vs. Saludo, AM 3297, Min. Res., En Bane, 6 April 1989) Membership in Rotary and same college fra- ternity not a ground for inhibition. Such members are expected to maintain the highest standards of probity. What Is misconduct by Judge? Misconduct, which affects officer’s character as a pri- vate individual, has direct relation and is connected with the performance of official duties amounting either to maladministration or wilfull, intentional neglect of his office. (Cledera vs. RTC 88-259, 27 June 1989) (Id.) ‘Thus mere failure to pay a debt is not miscon- duct absent showing of abuse of authority or mali- cious intent. May Municipal Trial Court Judges act as Notaries? ‘They may act as Notaries Public Ex Officio only in the notarization of documents connected with the exercise of their official functions and duties, but may not undertake preparation and acknowledg- ment of private documents, contracts and other acts of conveyances which bear no direct relation to the performance of their function as judge. In places however, where there are no nota- ries public, municipal trial judge may act as regular notaries public provided that fees are turned over to the municipal treasurer, and a certification is made in the notarized document that there is no lawyer or notary in the municipality or cireuit. (Adm. Matter No, 89-11-1308, Martinez, 1969 Summary, p. 809)a a BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS What is the duty of a judge with respect to court records? {A Judge is expected to ensure that the records of cases assigned to his sala are intact. There is no justification for missing records save @ fortuitous ‘event. The loss of notable but light record is indica. tive of gross misconduct and justifies dismissal of the judge. (See Longboan vs. Judge Polig, AM No, R-704 RTJ, 14 June 1990) ‘State what Legal Ethics is, and its importance and necessity. (1967, 1970, 1978 Bar) Legal Ethics is that branch of moral science which treats of the duties which an attorney-at-law owes to his client, to the Court, to the Bar, and to the public. (Jessup, the Professional Ideals of a Lawyer, p4) ‘The study of legal ethics by lawyers and law students is important, and in fact indispensable in every democratic society dedicated to the Rule of Laws. In such a society, the Office of the Lawyer is an essential underpinning or support of the social structure. The lawyer advises citizens and govern- ment on the law and assists court and judges in the administration of justice. Society will be seriously prejudicial if lawyers’ behavior do not conform to a code of conduct consistent with high integrity and honesty. As the author Sharewood comments, “a horde of pettifogging, barratrous, custom — seek- ing money-making lawyers is one of the greatest curse with which any state or community can be becomes ‘The pursuit oflaw should signify for its fol- ere a mental and moral setting apart from the multitude — it should be priesthood of justice. (See ae Tagorda, $3 Phil. 57). The maintenance of jus- paves) ‘unsullied is not possible unless the con- meen gadererigia of the legal pro- Sesion Approval of all just men. (Preamble, Canons of Judicial hic) " 3. a A QUESTIONS AND ANSWERS IN LEGAL ETHICS a What are the four-fold duties of the lawyer, discuss briefly. (1966, 1979, 1985 Bar) ‘The four-fold duties of the lawyer are as follows: 1. CLIENT — The lawyer owes entire devotion to the interests of his client, warm and zeal in the maintenance of the defense of his rights and exertion of utmost learning ability to the end that nothing be taken or withheld from his client except in accordance with law. He owes a duty of competent and zealous repre- sentation to the client, and should preserve his client's secrets, preserve his funds and prop- erty and avoid conflict of interests. 2 COURT — The lawyer must maintain towards the Court a respectful attitude, defend the courts against unjust criticism, uphold the court's authority and dignity, obey court orders and processes, and assist in the administra- tion of justice. 3. BAR — Observe candor, fairness, courtesy and truthfulness in his conduct towards other law- yers, avoid encroachment in the business of other lawyers and uphold the honor of the profession. 4. PUBLIC — He must not undertake any action which violates his responsibility to society as a whole; he must be an exemplar in the com- munity for uprightness; as a member of soci- ety, the lawyer must be ready to render legal aid, foster legal reforms, be a guardian of due process, and aware of his special role in the solution of social problems, be always ready to lend assistance in the study and solution of social problems. (See Cantelang vs. Medina, 91 SCRA 403; Report of the American Bar As- sociation, 44 A.B.A.J. 1159-1218, 1958) 34, Q. Inwhat, above all, will the lawyer find his highest honor? (1969 Bar)A. Alawyer will fin 35. Q. 36. 37. Q BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS d his highest honor in a deserved to private trust and public fidelity 6 reputation for fidelity to Pov triotie and loyal duty as an honest man a citizen. ses the lawyer's duty of candor and What comets tne Court and with othor lawyers? fairness before the (1969 Bar) ‘The duty of candor and fairness towards the Court requires the lawyer to avoid concealment of the truth, from Court and avoid misleading the Court in any manner no matter how demanding his client may be, as no client however powerful and no cause how- ever important is entitled to receive from the law- yer any service involving dishonesty to the Court. A lawyer therefore should not misquote the contents of documents or conceal facts from the Court essen- tial to the presentation of his causes. (See Albert Service, Court of First Instance, G.R. L-26364, May 29, 1968). With respect to the fellow lawyers, cour- tesy should characterize his relation with his breth- ren; ill feolings should serupulously be avoided. In the trial of the caso there should be no allusion to personal history or personal idiosyncracies of coun- sel on the other side. Personal colloquy should be avoided. How would you explain the generally accepted no- tion that practice of law is a profession and not a business? (1972, 1975 Bar) The practice of law is a profession and not a busi- ness as it is an essential part in the administration of justice, a profession in pursuit of which pecuni- ary reward is considered as merely incidental; it a url oflearned artin the interest of public serv- ice. (See Roscoe Pound, Th i to Modern Times, p.5). Zaye From Aatiaety May a lawyer advertise? (1977 Bar) Direct and indirect advertisements are prescribed by the Canons as offensive to tradition and lowers 38, Q. A 39. Q A SIN LEGAL ETHICS 2 QUESTIONS AND ANS\ the tone of the profession. Included in the prohibi- tions are solicitation of professional employment by circulars, advertisements, letters, personal commu- nications, or interviews not warranted by personal relations. Furnishing of photograph, in connection with the lawyer's case is also prohibited. Self praise is prohibited. The canons however permit the uso of simple professional cards, publications in reputable law lists of the lawyer's name, and that of his associate; address, telephone number, cable address, brief bio- data, names of clients regularly represented, with the latter's consent, (See 27, Canons of Professional Ethics). Is it permissible advertising for a lawyer to publi~ cize In the newspaper an announcement on tho opening of a “Legal Clinic” which invites the pub- lic to bring their cases for consultation and advice to said legal clinic? Itis unethical professional advertisement of a law~ yer to advertise the operations of such a “Legal Clinic"as this constitutes solicitation. Alawyer who advertised such a law office was ordered to desist from further making such advertisement. (Bar Mat- ter No. 354, Complaint Against the Legal Clinic, Supreme Court Resolution of Jan. 22, 1987). What Is law practice? (1985 Bar) Generally, the practice of law includes activities such as giving rendition of service that involves legal knowledge or skill including preparation of plead- ings and other papers incidental to actions and spe- cial proceedings as well as the drawing deeds and other conveyance; the preparation of incorporation papers and giving of advice to clients as well aa the proper interpretation of statutes. The practice of law implies the continuity of acts such that these acts constitute a means to earn a livelihood.“ at, 42, A BAR REVIEWER IN LEGALAND JUDICIAL ETHICS ration and drafting With eopect to the pro practice when the a leg doce determination by a trained le- sear dane the legal consequences of theinstrument Gaon the work involves tainly the clerical act of vila the blanks of prepared forms which requires mo legal stud, this is merely serivening and is not practice of law. (See 5 Am. Jur, p. 262) What Is the nature of the legal profession? (1966 Bar) ‘The legal profession is a form of public service or public trust intimately related to the administra- tion of justice, in the practice of which pecuniary rewarda are considered as mercly incidental. It must signify for its followers a mental and moral setting apart from the multitude — it is a priesthood of jus- tice, (See Ledesma vs. Climaco, G.R. No, 12815, June 28, 1974) What Is malpractice? (1972, 1979 Bar) ‘The failure of a lawyor to exercise on behalf of his client the knowledge, skill and ability ordinarily possessed and exercised by members of the bar whereby an actual lous is caused the client. (7 Am Jur 2d Attys,, Sec, 167, ef seq.) (a) What are th Ethics? (1971 (b) Enumerate the principals " can mae ipal sources of legal oth: and Judicial ‘They aro; 1, Revised Rules of Court — Rulew 195, 15 ‘ of Cor of 196, 137, 138, 139, 130. A, 140, Bee, 6, uly 142; Sve, 21d), Rule 130; Bee, 7, Rule 48; Seo, 6, Rule 7, % Controlling decisions of C Rew nn ourt of Appouls and 43, A QUESTIONS AND ANSWERS IN LEGAL ETHICS Poy 3. Legislation (a) Philippine Constitution — Sec. , Art. X; See. 3, Art. X; Sec. 11, Art, VIII; Sees. 6 and 7, Art. X. (b) Civil Code of the Philippines (R.A. 386) 1. Art. 149115) 2, Art. 2208 (©) Revised Penal Code Articles 204, 205, 206, 207 and 209 (a) RA.No, 1612, 1277, 1198, 1166, 1080, 972 and 42 4, Canons of Professional Ethics (a) Code of Professional Responsibility (b) Canons of Professional Ethics for Law- yers (©) Canons of Judicial Ethics (4% Treaties and writing of legal luminaries like (a) Jessup (b) Warvelle (c) Malcolm (4) Cheatham (0) Sharswood (f) Hicks (g) Drinker (h) Archer Give a brief history of the Canons of Professional Ethics. Pennsylvania Justice George Sharswood published in 1854 his ESSAY on LEGAL ETHICS, Earlier, David Hoffman wrote his“FIFTY Resolutions” deal- ing with lawyers? duties, In 1881, Thomas Goode Jones of the Alabama Bur proposed adoption 0 Code of Legal Ethies, The code was drafted in 1883, and adopted In December 1887, Itcontuined 66 Can: ons, Tn 1008, the Amerieun Bur Associntion adopted. the Canons, New Canons wore introduced in 1928, 1933 and 1937, The ABA Canons of Legal Kthles was adopted by the Phil, Bar Association in 1917, and this adoption was restated jn 1946, Tr thes means45. 46, ETHICS BAR REVIEWER IN LEGALAND JUDICIAL ; Bar Association adopted a new time, the Aeaional Responsibility on August 12, Gone coe underwent several amendments tnti 1976. rtions of the 1987 State in your own words the Por Conetituvlon and of the New Rules of Court that refer to the practice of law, and the observance of egal ethics. (1973 Bar) See. 6, Subsec. (6) of Art, VII of the New Constitu. ie tan provides that the Supreme Court shall promulgate rules concerning the enforcement of Constitutional rights, pleading and practice in all courts, the admission to the practice of law, the In- tegrated Bar, and legal assistance to the under- privileged. Rule 138 of the Rules of Court, provides that the Supreme Court shall conduct a yearly bar ex- amination under the direction of a committee of bar examiners presided by one of the Justices, the quali- fications for admissions to the bar, defines the du- ties of attorneys, the grounds of suspension and dis- barment the compensation of lawyers, What Is the extont and scope of the power of the Supreme Court over admission to the practice of law? Explain, (1972 Bar) ‘The right to admit members to the Bar is, and has always been, the exclusive priviloge of tho Supreme Court, because lawyers are members of the court and only the Supreme Court should be allowed to determine admission thereto in the interest of the principle of the soparation of powers. The power is, Judicial in the sense that discretion is used in its exerciso (In re: Cunanan, ot al,, 60 0.G. 1602). May Congross validly logistate to admit a particu- lar person to the practice of faw in the Philippines? Reasons, A. 47. Q A 48. a. A QUESTIONS AND ANSWERS IN LEGAL ETHICS, 7 The primary power and responsibility to admit mem- bers of the Bar resides in the Supreme Court. (In re; Cunanan, et al., 50 O.G, 1602). It is noteworthy that unlike the 1935 and the 1973 Constitutions, the 1987 Constitution no longer provides for the Powor of the legislature to repeal, alter and supplement the rules promulgated by the Supreme Court (See Sec. 5, subsec. 5, Art. VIII, 1987 Consti- tution), A successful bar candidate who had a pending case with the Supreme Court was allowed to sign the Roll of Attornoys by a clerk but was unable to take his oath before the Supreme Court. He paid his IBP dues and was duly listed as qualified voter, by the IBP. May he practice law without having ac- tually taken his oath of office? No. To be admitted to the bar, he must take his oath before the Supreme Court. (See. 17, Rule 138; In re: Elmo 8. Abad, B.M. 139, March 18, 1983) What is your concept of the term “Practice of Practice of Law is the doing or performing of serv- ices in a court of justice in a proceeding therein, in- cluding legal advice and counsel, and the prepara tion of legal instruments and contract by which rights are secured, although such matter may or may not he pending in a court, (Smaliberg vs. State Bar of California, 297, p. 916). To “practice law” is to carry on the business of an attorney-at-law (People vs, People’s Trust Co., 167 N.Y, 767). Preparing documents and rendering other services involving the use of legal knowledge and skill, charging for such services are within the term “practice of law.” (People vs. People’s Stockyards State Bank, 176 N.E. 901)51. LpoALAND JUDICIAL ETHICS BAR REVIEWER IN What name should 2 lawyer use I” his pleadings ractice? | ete se in his law practice the ‘The lanyer should ony 3 eomeys. Thus, name which apreat 007 name inthe Rall ofA ie ‘is ‘Dionisio Ramos may not use the name Pedro D. de Ramos on i En a inal it jionisio - 5 ae ep awyer wh i regiatered in the Roll of Attorneys as Dionisio Ramos may not em. ploy the name Pedro D. de Ramos even if his name + dig birth certificate is Pedro Dionisio Ramos and his mother's surname is Dayao. A lawyer is only ‘euthorized to use the name registered in the Roll of ‘Attorneys, The uso of other names would be decep- tion. Explain the nature of the right to practice law. What Is the nature of the right to practice law? ‘The right to practice law is not a natural or consti- tutional right (In re: Gibbs, 278, p. 371), nor an ab- solute right (In re: Lanuevo, Adm. Case No. 1162, 66 SCRA 246) or a right de ure (In re: Ellis, 203, p. 957), but is a privilege or franchise (In re: Miller, 244, p. 376). The right to practice law is not “property” (In re: Edwards, 266, p. 665), It cannot be assigned orinherited, but must be earned by hard atudy and good conduct, (In re: Clifton, 155, See. 324), Who may practice law in the Philippines? Who are entitled to practice law in the Philippines? Any person who has been duly admitted as a mem- ber of the Bar, or may hereafter be admitted in ac- cordance with the Rules of Court, and who is in good and regular standing, is entitled to practice law. (See. 1, Rule 138, Rules of Court), Pectewieg QUESTIONS AND ANSWERS IN LEGAL ETHICS 9 NOTE: A. Citizens of the United States may be allowed to practice law before the courts of the Philip- pines upon satisfactory proof: (1) That they were duly licensed members of the Philippine Bar before July 4, 1946; (2) That they were in the active practice of law in the courts of the Philippines and in good and regular standing, priortoJuly 4, 1946; and (8) That they have taken the requisite oath of office. (Sec. 3, Rule 138, Rules of Court). B. Filipino citizens, who are enrolled attorneys in good standing in the Supreme Court of the United States or in any circuit court of appeals or district court therein, or in the highest court of any State or Territory of the United States, may also be allowed to practice law in the Phil- ippines upon satisfactory proof: (1) By satisfactory certificates that they have been in the practice of law for at least 5 years in any of said courts; (2) That such practice began before July 4, * 1946; and (8) That they have neither been suspended nor disbarred. (Sec. 4, Rule 138, Rules of Court). AFilipino citizen who is a momber of the New York State Bar, District of Columbia and State of Vir- ginia Bars, who has obtained his law degree from the United States seeks admission to the Philip- pine bar invoking the discretion of the Court, clt- Ing Sec, 4, Rule 138; also on the ground of comity and the ruling in In re: Shood, 41 Phil. 213. Will the petition prosper? No. The discretion of the Court to admit members of the bar may be exercised only when the applicant53... a ppGgAbAND JUDICIAL ETHICS BAR REVIEWERINLEG tne requirements of Sec. 4 hal irocty cannot be invoke na reciprocity and our laws reciprocity. In 0: Shood, ite as decided under hans complied wil Rule 138. Comity Decne fran Bn donot provide or auch rec i oh Fs re 1964 Rules of Court. (See Bar Matter N 419, Feb. 11, 1987, Petition for Admission to the No sre amon Quisumbing sce also Tn re: Jogg Niguel Diskno, 1988; Ricardo Jose Romulo, 195g and Alejandro Lichauco, 1955) itor General requested the City Fiscal of Naa oper ina civil registry case. In the lot. tor-roquost, the City Fiscal was Instructed that the petition Is granted, th City Fiscal should not fai to appeal within the reglementary porlod. Did the dologation constitute the City Fiscal as counsel for the Republic, for purposes of computing the ap. peal period? A. Tho Solicitor Genoral remains counsel of the Repub- Jie with tho City Fiscal being only the representa: tive, go that the period for appeal must be counted frown tho time the Solicitor General receives a copy of the decree, (See Republic vs. Dela Cruz, 118 SCRA 18; also Tanpa Ong ws, Republic, 17 SCRA 535), ‘The Solicitor-General appeared as counsal for the National irrigation Administration which was sued by heirs of the deceased when a truck of NIA cok lided with a tractor of plaintiffs. At the pre-trial, NIA was represented by a member of its legal staff, upon request of the Solicitor-General, A compro- mise agreement was submitted to the Court signed by the NIA attorney, but not by the Solicitor-Gen- eral. The special power of attorney in favor of the NIA attorney was executed four months after the approval of the compromise agreement. Is the com promise agreement vatid? Na! The compromise ‘agreement is void and ineffee- |. The NIA attorney was not empowered by the 55. Q. 57.0. QUESTIONS AND ANSWERS IN LEGAL ETHICS a NIA board of directors to execute the compromise agreement. (See Republic vs. Plan, 116 SCRA 70). Atty. Q appeared as counsel for one of the defend- ants in an action before the Manila Court to en- , the client of Atty. Q being one 1@ cargo ownors. Atty. Q withdrew counsel for the cllont and prayed that his charg- Ing lien be recorded on his client's cargo as the vonue, Ho also filed with another court in Rizal an action or recovery of professional fees against his client and secured an attachment over the cargo claimed to be owned by his cllont. Bofore the charg- Ing ton was sought to be recorded, the Manila Court had already ordored the sale of the cargo. 's the charging llen proper? Tho charging lion cannot be enforced. This lien can bo applied only to funds or documents of the client. which had lawfully come to the possession of coun- acl, Here the lien was sought to bo recorded only after the Manila Court had already ordered the sale of the cargo, Likewise, instead of filing a separate action with the Rizal Court the lawyer should have intervened only in the Manila Court for recovery of professional fees, as the Manila Court had jurisdic- tion to pass upon the question of ownership of the argues. (See Quasha va, Juan, 118 SCRA 505). May a non-lawyer practice law? Ri on, No. Appearing as counsel without being a member of the bar constitutes illegal practice of law because only members of the bar are allowed to practice law. (Zeta vs. Malinao, Adm, Case No, P-220, December 20, 1978), Defendant's answer to a complaint was signed by anon-lawyer; atthe pre-trial, neither defendant nor counsel appeared and defendant was declared in default. Later, a motion for reconsideration was32 58. Q. 59... BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS 9. Judgment Was rendorey co fled, signed by 2120 there a denial of due prox against defendant; was ess? by use defondant was represented by a lay, si eonauent tages ofthe case. His rights werg amply protected, (See Guballa vs. Caguioa, 78 SCRA 203). In a criminal case for estafa, accused was repro, sented by a non-lawyer who misled accused into believing that he was a lawyer. Accused was con, victed by the Regional Trial Court and the convic. tion was affirmed by the Court of Appeals. May the conviction be set aside on the ground that accused was not represented by counsel? ‘Yes, accused is entitled to a new trial as he was de. nied the due process. (Delgado vs. Court of Appeals, GR. No, 46392, Nov. 10, 1986) Give instances where non-lawyers are allowed lim- ited practice of law. Supreme Court has provided for exceptions allow- ing persons who are not members of the Integrated Bar, to appear in court, such as: 1. Any official or other person appointed or des- ignated in accordance with law to appear for the government of the Philippines. This offi cial hasall the rights of a duly authorized mem- ber of the Bar to appear in any case in which said government has interest direct or indirect. (Sec. 33, Rule 138, Rules of Court). 2. Inthe court of a municipal judge a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that Purpose, or with the aid of an attorney. In any other court a party may conduct his litigation Personally or by aid of an attorney, and his aP- 61. QUESTIONS AND ANSWERS IN LEGAL ETHICS 33 pearance must be either personal or by a duly authorized member of the bar. (Sec. 34, Rule 138, Rules of Court) 3, Any person, resident of the province and of good repute for probity and ability, may be appointed attorney de oficio to aid the defendant in his defense in localities where duly authorized members of the bar are not available when- ever the gravity of the offense and the diffi- culty of the questions involved warrant. (See. 4, Rule 116, Ibid.) 4, Any agent, not an attorney, may represent the lot owner or claimant in a case falling under the Cadastral Act. (Sec. 9, Act 2259) 5. Law students under Rule 138-A. A and B who are law students entered their ap- pearances before the Municipal Court as private prosecutors in a criminal case. This was disallowed by the trial Judge. Is this correct? No. Anon-lawyor may appear as a friend of the party before the Municipal Courts under See. 34, Rule 138 Rules of Court; he may make such appearances ei- ther as defense counsel or private prosecutor under the control and supervision of the fiscal. The per- mission of the fiseal is not necessary for the appear- ance of a private prosecutor, although if he so wishes, the fiscal may disallow participation in the trial by handling the case personally. (Catimbuhan, et al. vs. Hon. Cruz, G.R. Nos. 51813-14, Nov. 29, 1983) What is the Law Student Practice Rule? Rule 138-A allows a law student who has completed the third year of the law course to appear without compensation in any civil, criminal or administra- tion before any trial court, tribunal, board of offie- ers under the following conditions:4 63. BAR REVIEWER IN ized law school’s cling ig enrulledin a recognized cling. Heer apn aed yf Supreme Court, ars under the direct supervision ang 2) He orptfa member ofthe Integrated Bar duly accredited by the law. 3) ‘The pleadings, briefs, memoranda are signeg by the supervising attorney. Is the law student subject to the standards of pro. fessional conduct governing lawyers? ‘Yes, as provided by Sec. 4 of Rule 18-A. What is the liability of the supervising attorney for failure to provide adequate supervision to the stu. dent? ‘The supervising attorney may be subjected to disci. plinary proceedings. (Sec. 4, /bid.) Enumerate certain members of the bar who are pro- hibited to practice. ‘The members of the bar who are prohibited to prac- tice are the following: 1. Judges, or 2. Officials or employees of the superior courts, or, 3. Officials or employees of the Office of the So- ieee General (Sec. 35, Rule 138, Rules of 4. The heads of departments and chiefs of bu- reaus or offices and their assistants, during their continuance in office, and 5. The chairmen and members of the Constitu- Heacog tnmisions (See. 2, Art. IX, New Cone 68. 67. QUESTIONS AND ANSWERS IN LEGAL ETHICS 35 6. The President, Vice-President, the Members of the Cabinet, their deputies or assistant (Sec. 13, Art. VII, New Constitution), 7. No senator or member of the House of Repre- sentatives may personally appear as counsel before any court of justice or before the elec- toral tribunals or quasi-judicial and other ad- ministrative bodies. (Sec, 14, Art. VI, 1987 Constitution) Note: The exact meaning of the phrase “may personally appear” will still re- quire judicial construction. It is not clear whether this means that the legislator should not physically be present but lawyers of his law office may appear in court, 8. Suspended attorneys for the duration of their suspension (In re: David, Adm. Case No. L-98, July 13, 1953). Is the payment of privilege tax a prerequisite to practice law? ‘ ‘Yes, a lawyer must pay the requisite annual privi- loge tax on lawyers, which is fixed by law in the sum of P75.00 annually, payable in cash, or in two installments. (See. 201[a], C.A. No. 466 as amended by RA. No. 42). Dofine Attorney de Oficio or Counsel de Oficio. (1974, 1985 Bar) An Attorney de Oficio is a practicing attorney ap- pointed by a court or justice to render professional aid free of charge to a party who is destitute and ‘unable to employ an attorney, or who may need the services of an attorney to secure the ends of justice and to protect his rights. (Sec. 31, Rule 138, Rules of Court; Sec. 3, Rule 116, Jbid.; People vs. Holgado, 470.G. 4621). Who may be appointed as Attorney de Oficio? (1974, 1985 Bar)AR REVIEWER IN LEGAL AND JUDICIAL-ETHICS tobe appointed or assigned must be g A. The attorney Wj rmemberof the bat. The Court, com sidering the gravity of the offense and the difficulty of the questions that may arise, shall appoint ag counsel de ofiio only such members of the bar as, by reason oftheir experience and ability, may in the court’s opinion, adequately’ defend the accused. (Sec, 4, Rule 116, Rules of Court). Q. Give the exception to the last preceding question, ‘A. Inlocalities where duly authorized members of the bar are not available, the municipal court may in its discretion, admit or assign a person, resident in the province and of good repute for probity and abil- ity, to aid the defendant in his defense, although — the person 50 admitted or assigned be not a duly authorized member of the bar. (Sec. 4, Rule 116, Bid) Q. Explain the right of attomey appointed as counsel de officio. A. Whenever an attorney de oficio is employed or as- ‘signed by the court to defend the accused either at the arraignment or at the trial, he shall be given a reasonable time to consult with the accused and prepare his defense before ing further in the ‘ease, which shall not be less than two (2) hours in case of arraignment and two (2) days in case of trial, ‘but the court may, for good cause shown, shorten oF extend the time. (See. 5, Rule 116, Ibid.) Q State and Explain the basis of appointment of at- tomey de oficio. A. tie based on the defendant's right to have an atta” Dey Bi every Stage of the proceedings, from the a raigument w the promulzation of the judgment m1 a QUESTIONS AND ANSWERS IN LEGAL ETHICS at without attorney, the court must inform him that it is his right to have an attorney before being ar- raigned. The court must ask him if he desires the aid of attorney, and if he desires so, but is poor and can not afford to hire the services of an attorney, the court shall appoint a counsel de oficio to assist him in his defense. (Sec. 3, Rule 116, Rules of Court; Sec. 23, Art. IV, New Constitution of the Philippines; People vs. Holgado, 47 0.G. 4621). Is it necessary for an attorney to secure from his client a written authority to appear In court? No, an attorney is presumed to be properly author- ized to represent any cause in which he appears, and no written power of attorney is required to au- thorize him to appear in court for his client. (Sec. 21, Rule 138, Rules of Court). May a practicing lawyer be required to produce or prove his authority to appear in Court? If so, when? Yes, the presiding judge may, on motion of either party and on reasonable grounds therefore being shown, require any attorney who assumes the right to appear in a case to produce or prove the author- ity under which he appears, and to disclose, when- ever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires. (Sec. 21, Ibid.) May an attorney voluntarily appear for a person without being employed? No, an attorney may not appear for a person until he is in fact employed or retained by such person. (7 C.J.S. 845).An attorney willfully appearing in court for a person without being employed, unless by leave of the court, may be punished for contempt as ‘an officer of the court who has misbehaved in his official transactions. (See. 21, Rule 138, Rules of Court).38. [BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS 74. @_ May the Solicitor General represent a public off, 5. @ 76. Q iiwho is charged as accused in a criminal cagy, ote preliminary investigation stage, or at the trial? ‘The Solicitor General is not authorized to represen a public official at any stage of a criminal case. The ruling in previous eases (Anti-Groft League ang Garrido) were abandoned. There could be a conflict of interest if the Solicitor General defends the ac. cused at preliminary investigation but when the case is filed in Court, and the public official is convicted, the Solicitor General must appear for the People of the Philippines and represent the prosecution. Also, the accused public official is charged in his private capacity. (See Urbano vs. Chavez, 183 SCRA 347). While the case Is pending before the court, may an attomey be allowed to retire at any time or at any stage of the proceedings even without the consent of his client? No, an attorney may not retire from an action or special proceedings, without the consent of his cli- ent, unless the court, on notice to the client and at- torney, and on hearing, determine that he ought to be allowed to retire. (Sec. 26, Rule 138, Rules of Court). State some grounds a lawyer may validly withdraw as counsel for his client. client's insistence to follow an unj i 5 ajust or immoral course in the conduct of his case; (2) client's persist- dag, Over attorney’ objections, to present frivolous lefenses. (Canon 44, Canons of Professional Eth- ics); (8) where the client conducts himself j ner tending to degrade hi v8 ‘ber, 276 Mo. 397), (4) en pond eee it becomes apparent that he may be called as a wi Professional E: thie. (Canon 19, Canons of 78. QUESTIONS AND ANSWERS IN LEGAL ETHICS 39 May a cliont dismiss his attorney at any time or Substitute in his place even without cause? Yes, it is the right of a client to dismiss or discharge his lawyer or substitute another in his place. (Sec. 26, Rule 138, Rules of Court). The right of a client todischarge his attorney includes the right to make ‘a change or substitution of attorneys at any stage of the proceedings either with or without cause. (7 C.J.S. 950). In such a case, however, the attorney must secure to him the fees he has already earned and to which he is rightfully entitled. (5 Am. Jur. 248). Plaintiff was represented by Atty. A. Without Atty. A having filed a withdrawal, Atty. B filed an “Appearance and Manifestation” on July 17, 1984 and thereafter all pleadings and court orders were furnished by Atty. B. The decision in the case w ‘Served first on Atty. A, and one month later on Atty. B. For purposes of computing the appeal period, which date of receipt would be controlling — that on Atty. A, or Atty. B? ‘The controlling date would be the receipt of the de- cision by the new lawyer because of the circumstance that all previous orders and pleadings were already served on the new lawyer although there was no ‘specific withdrawal by original counsel. (See Dolores de Mesa Abad vs. Cesar de Mesa Topacio, G.R. No. 1-42225, July 9, 1985) Is a lawyer obliged to accept every case presented to him? ‘As a general rule, no lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client wherein he has already declined, (See Canon 31, CPE). The decision of the Court of Appeals convicting the accused was served on counsel of the accused ‘who had at that time been appointed as provincial40 81. [BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS urt of Appeals was not Informed gy a Ae ‘Accused claims thore was no Valid service, Ho avers that the Court of Appealy Should have taken Judicial notice of the appoing, ‘mont. Is the claim tenable? No. Notice to counsel of record, even if he had a}. rendy been appointed provincial fiscal is valid be. cause there was no valid substitution, This sh bo distinguished from Aquino vs. Blanco (79 Phil, 647), where tho issue was whether the right of ac. cused to nppeat is lost when the decision was served ‘on counsel of record who had already been appointed assistant fiscal. In Aquino, the case was still with the trial court and counsel appointed as fiscal of the same province go that the trial court should have known about the appointment. Here, the Court of Appeals in Manila could not be expected to be aware of the appointment of the fiscal in Iloilo, (Pacificar va, Court of Appeals, 125 SCRA 716). May a Spaniard invoke the Treaty of Academic Degree and Exercise of Professions between the Philippines and Spain to socure admission to the Philippine bar without examination? The Treaty provides for reciprocity in the exercise of the pro- fessions by citizens of each country. No, because: (a) Only Filipino citizens may be ad mitted to the Philippine bar; (b) The Executive De- partment may not encroach upon the constitutional prerogative of the Supreme Court to promulgate rules of practice for admission to the bar by enter- ing into such treaties; and () a Spaniard cannot take the oath of allegiance to the Philippine Republic and to support the Philippine Constitution, which is prerequisite to admission to the bar. (See In re’ Alejandrino, Bar Matter No. 353, Oct. 2, 1986, Reso tution Bn Bane of the Supreme Coutt) What wel ne requisites for a valid substitution of 83. QUESTIONS AND ANSWERS IN LEGAL ETHICS: a ‘The requisites are the following: 1. There must always be filed a written applica- tion for a substitution; 2. There must alwaya be filed written consent of the client to the substitution; 3. Thero must be filed the written consent of the attorney to be substituted, if such consent can be obtained; 4 In case auch written consent cannot be pro- cured, there must be filed with the appliention for substitution proof of the werviee of notice of such motion in the manner required by the rules on the attorney to be substituted. (U.S. vs. Borromeo, 20 Phil. 189; In re: Clemente M. Soriano, G.R. No. L-24114, June 30, 1970). brief having been filed, the appeal was dismissod. Js the failure to give notice of new addr excus- able negligence? No, Lawyers cannot presume that courts will take cognizance of other addresses in his pleadings. The new address does not supersede the address on record. Counsel cannot plead for liberality for the failure to file brief was due to his own doing. (Phil. Suburban Dev. Corporation va. Court of Appeals, et al) Abad and delos Reyes, both lawyers, and Salazar, a certified public accountant, in order to enhance eir respective practice, desire to pool their re- ‘sources together and establish a partnership for the combined purposes of law and accounting practice under the firm name of Abad, delos Reyes, Salazar and Associates. ts the proposed partner- ship allowed? (1975 Bar)42 85. A BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS " tion of partnerships for the practice of on touk be admitted or held out as g practitioner or member who fa not a member ofthe Tegal profession duly authorized to practice, and amenable to professional discipline. Partnershipg between lawyers and members of other profeseion or non-professional persons should not be formed or permitted where any part of the partnership's em. ployment consists of the practice of law.” (Canon 33, Canons of Professional Bthics). What are the principal duties of the lawyers to the Court? ‘They are: 1. Toobserve and maintain the respect due to the courts of justice and judicial officers (Sec. 20(b}, Rule 139, Rules of Court; Montecillo vs. Gica, L-36800, October 21, 1974; Ferandos vs. Reyes, May 30, 1975, 64 SCRA 170); 2. To employ such means only as are consistent with truth and honor, and never seek to mis- lead the judge or any judicial officer by an ar- tifice or false statement of fact or law (Sec. 20{d), bid.; Canon 22, Canons of Professional Ethics; Albert vs. CFT, 1-26364, May 29, 1968, SCRA 948); 3. ‘Torefrain from exerting personal influence on the court (Canon 3, Canons of Professional Ethics); 4. To refrain from newspaper discussions of pending or anticipated cases, and from ex ret areas ‘on pending cases (Canon 20, ‘To rectify fraud and deception when he digcov- ers that the same has been practiced, which was unjustly imposed (Canon 44, pia oot TPO” the court or party 86. a. A. 87, a A 88. Q. A. QUESTIONS AND ANSWERS IN LEGAL ETHICS 43 6. To be punctual in attendance, and to be con- cise and direct in the trial end disposition of ‘causes, (Canon 2, Ibid.) May a lawyer refuse to undertake the defense of a person accused of a crime when he Is positive that the person is guilty of the offense charged? Rea- son. (1976 Bar) It is the duty of a lawyer to undertake the defense ‘of'a person accused of a crime, regardless of his per- sonal opinion as to the guilt of the accused; other- wise, innocent persons, victims only of suspicious circumstances, might be denied proper defense. (Canon No. 6, Canons of Professional Ethics). In conducting the defense, however, the lawyer is bound by all fair and honorable means, to present every dofense that the law permits, to the end that no porson may be deprived of life or liberty without due process of law. (Lames vs. Lascieras, Adm, Case No. 1919, March 30, 1979; Canon 5, Canons of Profes- sional Ethics; Sec, 20[i}, Rule 138, Revised Rules of Court), What are the different tasks performed by a law- yer for the client? ‘The different tasks performed by a lawyer are: 1) Advocate in open court, a 2) Designer of framework for collaborative effort, by preparing charters and contracts 3) Guardian of due process +4) Civic and community leader How are the obligations of a lawyer classified? a) Fiduciary cbligation b) The obligation of loyalty ¢). Obligation to render competent service“ REVIEWER IN LEGAL AND JUDICIAL ETHICS BAR jary obligation covers the non-di sore ee eres and confidence and the ls J eof alt. The obligation of loyalty probity, Siawyer from representing conflicting interests, Q, aspect of the fiduciary obligation 5 with respect rie ptigation as to bis cient’ property. The lawyy, is prohibited from the co-mingling of his funds, py, ive funds, and the funds of his clients. He ig aly, prohibited from buying property in litigation, What is the effect of acquittal ina criminal case of ‘alawyor In a disbarment proceeding against him? Reason. Acquittal of a lawyer in a criminal case does not necessarily foreclose disbarment proceedings ‘against him; for the standards of the legal profes. sion are not satisfied by conduct which merely ena. bles one to ceeape the penalties of the penal law, (In re: Del Rosario, 2 Phil. 399; Royong vs. Oblena, ‘Adm, Case No. 376, April 30, 1963) Give an example of the social responsibility of lawyer. A lawyer who undertakes to file actions in court for the purpose of defeating a final executory judgment against his client shows disregard of his duty to sc- ciety. Thus, where his client is to be ejected by vir tue of the final executory judgment of the city court, the lawyer files an action to annul the Torrens Title of the plaintiffs knowing that the case is without merit, violates his responsibility to society as @ moe A lawyer is dutybound to advise his clients - merits of a case or lack of such merit. His uty tothe client andthe court is paramount with | responsibility to society as a whole — the social dimension of the law profession. It is the duty of counsel to i Sea yeltePremote and enhance objectives and poli © society in which he lives, This includes the policy agai Medine, 81 SCRA 40 (See Cantelang ¥S: ot. 93, QUESTIONS AND ANSWERS IN LEGAL ETHICS. “6 Has the state the right to control the practice of law? Why? ‘Yes. The practice of law is a matter affected with a public interest, consequently the State has the right and duty to regulate and control the practice of law to the end that the public welfare is served and pro- moted. (Kelly va. Boyne, 53 ALAR. 273). What are the qualifications for admission to the bar? Every applicant for admission to the bar: 1, must be a resident of the Philippines; 2, must be a citizen of the Philippines 3. must be at least 21 years of age; 4 must produce before the Supreme Court satis- factory evidence of good moral character; 5, must successfully complete all prescribed courses; and 6. that no charges against him involving moral turpitude, have been filed or are pending in any court in the Philippines. (Sec. 2, Rule 138, Rules of Court.) May a lawyer be allowed to retire from the practice of law while facing contempt charges before the Court? Reason. (1976 Bar) No. A practising lawyer and officer of the court fac- ing contempt proceedings cannot just be allowed to voluntarily retire from the practice of law, because ‘such act would render nugatory the inherent power of the court to punish him for contempt in defense of its integrity and honor. (Montecillo va, Gica, L- 36800, October 21, 1974, 60 SCRA 234), State the Attorney's Oath. a do solemnly swear that I will maintain allegiance to the Republic of the“6 a Qa BAR REVIEWER IN LEGALAND JUDICIAL ETHICS port and defend its Constit, 05 well a5 the legal orders ot | tuted authorities therein; I will gy | te dil ei eng ety nee Twill not wittingly nor’ willingly promote or sue any , false or unlawful ae or give aid nor 4 the same, I will not delay any man’s cause ce aie pale and wil conduct myself a lawyer according to the best of my knowledge ang discretion, with all good fidelity as well as to the ‘courts as to my clients; and I impose upon myself | this voluntary obligation without any mental reser. vation or purpose of evasion. So help Me God.” (Ay j amended by Resolution dated Oct. 25, 1979, 91 SCRA 15) Philippines. I will # tion and obey the How did the phrase “ambulance-chaser” originate? ‘The phrase originated with the activities of Abraham Gatner of Manhattan, New York. In 1907, Gatner persuaded a New York law firm to act as ita agent in soliciting retainer agreements from accident vic- tims, Gatner would hang around police headquar- ters and with the cooperation of a clerk in the police department succeeded in getting a daily list of acci- dent victims. Gatner, who was not a lawyer, even- tually set up a 24-hour a day law office in partner- ship with a lawyer. In the early twenties, Gatner was making a net profit of $165,000.00 on a gross of ‘$400,000.00. He was convicted of fraud in 1928 and served a brief ail term. (See The Lawyer in Modern Society, by Countryman, Fi a Bar iy Countryman, Finman Schnoyer, Socom May private legal practi pubis non ett Practice be considered a form of | Sheet Partisan advocacy constitutes pub | the large: lids the process of adjudication, where is conteeran we 88 negotiator and draftsman, 64 Within the larger framework of g0¥- 97. a 98. a. QUESTIONS AND ANSWERS IN LEGAL ETHICS a ernment. It ceases to be public service when the law- yer misleads, distorts or obfuscates; where the law- yer obstructs the channels of collaborative effort; where he seeks petty advantages to the detriment of the larger processes in which he participates. (See 44 American Bar Association Journal 1159, 1958) Define good moral character which is a require ment for admission to the bar. While it has been held that the term is itself am- biguous and may be defined in an almost unlimited number of ways (See Konigsberg vs. State Bar, 353 U.S. 252, 263), the authorities appear to define ‘good moral character’ in terms of an absence of proven, acts or conducts considered as manifestations of moral turpitude. Moral turpitude in turn is defined as that conduct which is contrary to justice, hon- esty or community moral standards. Thus persons who were convicted of violations of the Election Law, or presented false certificates, or concealed the pendency or criminal cases against him were con- sidered as lacking good moral character. (See In re: Florentino, G-R. No. 19101; In re: Galang, 66 SCRA. 245). May a law partnership continue to use the name of a deceased partner? ‘No, because: (1) it is prohibited by Art. 1815 of the Civil Code on partnership which provides that a firm's name must be only that of living partners; (2) the right to practice law is a highly personal special privilege; (3) The use of a deceased partner's name will work deception on the public. (See In re: Sycip, Salazar, etc., 92 SCRA 1). What is the legal basis of a lawyer's right to demand payment for his services? The right of a lawyer to demand payment for his services depends on the fact of employment. There48 ‘BAR REVIE 100. Q A 101. Q ed 102. Q A 103. Q. A uN LEGALAND JUDICIAL ETHICS we t. However, n ct ofemplayment ‘nok aie tanec 7 aS. 1041). It may tis tred, The IY express oF imine wh dd not employ him ny Suthorize his employment, no matter, how valuable authoring sh enries may ave Deen to wh person. (Orwing ¥S- Chicago, 90 ALR 258). Define contingent fee. ‘one depending on the success of Contingent fee's Wrformed, (7 C.J-S. 1062). the services to be Define contingent fee contract. Contingent fee contract is a bilateral, entire agree. ment, speculative in nature, providing for condi. tional compensation of an attorney. (7 C.J-S. 1062), Give the distinction between contingent fee con. tracts and champertous contracts. ‘They are: 1. Ina champertous contract, the attorney un- dortakes to bear all expenses incident to the litigation, This is not true in contingent fee contracts, 2, Champertous feesare payable only in kind, out of the properties recovered; whereas, contin gent foes may be paid in cash. 3. Champertous contracts are void as agai public policy and the ethics of the profession; whereas, contingent fee contracts are valid. (Canons of Professional Ethics, 42), May a client give half of his property to his lawyer by way of contingent foes?” poy eu Yes, there is nothing wrong in the client's giving half of his property to his la ‘lawyer by way of contingent Sevphich are recognized in this jurisdiction. (Laig F cANNOL recover tof Appeals, -26882, November 21, 1978) 104, Q. A 105. Q. A QUESTIONS AND ANSWERS IN LEGAL ETHICS 49 Define Quantum Met Quantum Meruit, literally means as much as he merited. In determining attorney's fees, it means that the attorney will be paid for his services as much as he should deserve, when the services are prema- turely terminated by the act of either of the parties, or by reason of death, disability or operation of law, considering the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the lawyer. (Jayme vs. Bualan, 58 Phil. 422) (A) Inthe absence of a written contract between attorney and client, what factors are to be con- sidered in determining the amount of attor- ney's fees? (1966 Bar) What elements are generally to be considered in fixing reasonable compensation for legal services rendered on the basis of quantum meruit? (1968 Bar) What are the criteria in determining the rea- sonable amount that may be awarded as at- torney’s fees? Give at least seven factors. (1970 Bar) Ifthe Court decides that the counsel of a party to a case may recover attorney's fees on the basis of “quantum meruit,” what does the or- der of the court mean? (1971 Bar) What factors must be considered by the court in determining attorney's fees in the absence of a written contract? (1972 Bar) (F) What are the factors that should be consid- ered in determining the amount to be awarded as attorney's fees? (1977 Bar) (8) (c) (0) ©) ‘The factors, in determining the amount to be awarded as attorney's fees on a quantum meruit are: 1. The importance of the subject matter of the controversy;106. an REVIEWER IN LEGALAND JUDICIAL ETHICS B 1EWER 2 Theextentof the services rendered; and feasional standing of the Lawyer (Sex, pe the 198, Rules of Court) Supreme Court decisions mentioned the follow. = ing factors (1) The amount and character of the serv. ices rendered; (2) The labor, time, and trouble in- volved; (3) The nature and importance of the litigae tion or business in which the services were rendered, (4) The responsibility imposed; (5) The amount of money or the value of the property affected by the controversy or involved in the employment; (6) The skill and experience called for in the performance of the services; (7) The professional character and so- cial standing of the attorney; and (8) The results secured, it being a recognized rule that an attorney may properly charge a much larger fee when it is contingent than when it ia not. ‘The Canons of Professional Ethics consider the ioening tact, panel: (1) The time and labor , the novelty and difficulty of the questions involved and the skil required properly to conduct cause; (2) Whether the acceptance of employ- ment in the particular case will preclude the law- Yer appearance for others in cases likely to arise soma transaction, and in which there is a res- Played gxetation that otherwise he eould be em- clients; (3) The can fae) ae similar services: 4 tt” charges of the BAR for troveray and the The amount involved in the con- the 5 (5)The ‘ita rewulting to the client from aaa ) The contingency or the certainty of ed (6) The character of the em: 7 casual or for an established and na of Professional Ethics, 12: . Vs. PNB, G.R. No, L-22973, A teal My. B for the pure the professional services of a civil cane, However recrenting the former id not agree on the 107. 108. 109, a a QUESTIONS AND ANSWERS IN LEGAL ETHICS 1 amount of compensation for the services to be rendered by Atty. B. Before a full-blown trial could be Spouses A and the complainant decided ment. Decide on ‘The reasonableness of the amount of attorney's fees awarded to Atty. B should be properly gauged on the basis of the long standing rule quantum meruit, Where a lawyer is employed without agreement as to the amount to be paid for his services, the courts shall fix the amount on quantum meruit basis. In such a case he would be entitled to receive what he merits for his services. (Elnora R. Cortes and Edmundo Cortes vs. CA and Felix Moya, G.R, No. 122772, January 13, 2003) Define Retainer. Retainer is the act of a client by which he employs, an attorney to manage for him » cause to which he ia a party, or otherwine to advise him as counsel. (7 C.5.8,, 845; Saulsbury vs. American Vulcanized Fi- bre Co,, 91 A. 636). It is also used to denute the feo which the client pays his attorney when he retains him, that ia the retaining fee. (Pickens Co. va. Tho- mas, 21 A.L.R. 1428; 7 C18, 845), What constitutes retainer? What determines re- tainer or when Is there a retainer? In general, the relation of attorney and client ia matter of contract, and general rules as to the mak- ing of « contract govern in determining whether or not the relation has been created (7 C.4.8,, 848), Buch relation cannot be created by the attorney alone, or by the attorney and a third person who has no authority w act. (Scharlan vs, Lannbard Stuste Bank, 278 IIL App. 504), Enumerate the kinds of retainers and explain each, ‘There are two kinds of retainers:pag REVIEWER IN LGAL AND JUDICIAL ETHICS vol Retainers which have for their obje 1 Genering beforeband of the services of cular attorney or counselor for any emer. ope that may afterward arise; they have ng reference to any particular service, but take in the whole range of possible future contention which may render attorneyship necessary or desirable; counsel thus retained ia not at liberty to accept employment or render service adversary to the interest of the client retaining him. (Agnew vs. Walden, 4 So. 672). 2, Special Retainer which has reference to a par- ticular case, or toa particular service; it, how- ‘ever, imposes obligations, pro hac vice, equally binding with those enjoined by a general re tainer; it forbids the acceptance of adversary employment, or the performance of adversary services, (Agnew va, Walden, supra.) 110, Q. Attorney G's contract with his cllent stipulated A. No. Nothing in the case Payment of twenty percent of the claim plus 5% for the representation and miacellaneou: ‘ounsel filed the complaint for damages had defendants declared in default and secure: wilt of attachment. Later he was dismissed by his client for delay in the delivery of the checks repre Senting the gamished amo unt, Is he entitled tofull Payment of the stipulated feos? een % fur appeara complicated ll was needed for the attoF ney to neconiplinh what h i cf be fav he wan ena There ae rmintng atthe hore wan no way of deter feelers een ‘ow much the petitioners woul thing. On the bate they would even recover 8a’ iwontied tovnty ee atu meruit, the cours! OF PSTO.800.09, tee 2-00 intend of the amet Delle Cun Laz geqec as MH Enterta ar and no extraordinary oi { } QUESTIONS AND ANSWERS IN LEGAL ETHICS. 83. 111. Q. The dispute between a union and a bank on the 12, a A terms of a collective bargaining agreement w elevated to the Office of the President. Atty. S as- sisted the union during the negotiations. After the Office of the President directed execution of the collective bargaining agreement, Atty. S filed a notice of attorney's lion and that the bank * be directed to pay him ten percent (10%) of the monetary award of 14 million pesos due the em- ployees, or over a million pesos. The bank de- murred. The Office of the President granted the application of Atty. $ and ordered the bank to pay the ten percent minus the amount corresponding to the sum due from protecting union members. Basis of Atty. S claim is Art. 111 of the Labor Code and Sec. 11 of the implementing Rules which al- low attorney's fees not exceeding ten percent (10%) In any Judicial administrative proceedings for re- covery of wages. On the other hand, the grant of questioned as under Art. 222 of no attorney's fees In collective bargaining negotiations may be imposed on Indi- vidual membors, but sald fees may be charged against union funds, The Issue was also posed on whether the Offica of the President had jurisdic- tlon to grant the application. While Atty, $ is entitled to his feos, it should not be paid from the monotary bonefita to be received by tho omployoos aa a result of the Collective Bargain- ing Agreement, but should be paid from union funds, Alno, tho Office of the Prosident has no jurisdiction to adjudicato the foow of Atty. S ax the caso wan an appeal with rexpoct to CBA terms, (See Pacifle Banking Corporation va, Hon, Clave, ot al,, G.R, No. 56065, March 7, 1984), Whon does attorney and client relationship begin? ‘Tho relation of attorney and client commences from the dute of the ornploymont of the attorney; that ig, from the time when the agreement or contract by“ BAR REVIEWERIN 113. A 14. @ A 115. Q A upGaL AND JUDICIAL ETHICS i torney 18 retained has been consun. wach ental va, ity, ete» R. Co. 45 A. 201), Is the payment of fees al ent relationship? the payment of fees is not a necessary element Nos the don of attorney and client (7 C.I.S., 849) ‘The relation may exist even though & third person paye or is o pay for the attorney's services (US, Everett vs. Alpha Portland Cement Co., 225 F. 931), or even though such services are rendered by the attorney gratuitously. (Packard vs. Delfel, 38 P. 208), n element of attorney-cy. Give and define the kinds of Liens. ‘The kinds of liens are: 1, Retaining Lien — is the right of an attorney te retain possession of a client's documents, money, or other property which comes into the hands of the attorney professionally, until # general balance due him for professional serv- | ices is paid. (7C.JS., 1141). 2. Charging Lien — is the equi , equitable right of am | ‘attorney to have fees and costs due him for | services in a particular suit secured by thé | judgment. i i } Ta” every in such suit. (7 CIS. | Lawyer X who | drawal fe pea for Y opposed the with lent’s complaint on the ground hé Claim tenant of his attomey’s foes. s thi ee 's fees is secondary and subordinat® may not oppose hone his client. The lao mise agreemen oe dismissal ofa case on a comer | fees is not provider because the payment of MS ment of his forby the parties; however, vs. NEC le fees may be ardered (See ™ SCRA Ty E 1 MPlayees and Workers Associatio®, © QUESTIONS AND ANSWERS IN LEGAL ETHICS cy 416. Q. Atty. X, lawyer of a labor union of rank and file 17. 118. 119. Pe employees succeeded in the negotiation of a cok lective bargaining agreement for the rank and file employees by virtue of which salary increase was received by the rank and file employees. At the same time the employer granted salary Increase to supervisory employees who were not members of the union. Atty. X now seeks to collect from the non-union supervisory employees attorney's fees for this increase in salaries. Is he entitled to such fees? No. The increase in salary of non-union supervisory employees does not by virtue of collective bargain- ing agreement entitle this special effort of a lawyer but it is a policy of concession of the employer (See Manila Electric Company vs. Garlan, 97 SCRA 84; Pascual vs. CIR, 88 SCRA 645). Define Disbarment. Disbarment is the act of the Court in withdrawing from an attorney the right to practice law. (Black's Law Dictionary, 375). It is a quasi-summary pro- ceeding instituted and prosecuted before an appro- priate court for the purpose of depriving an attor- ney of his license to practice his profession by rea- son of some misconduct. (Ballantine Law Diction- ary, p. 379). Define Suspension. Suspension is the act of the Court prohibiting an attorney from practicing law for a certain definite period. (Archer, Ethical Obligations of the Lawyer, p. 282). What is the purpose of Disbarment? Disbarment is intended to protect the legal profes sion, and in a higher sense, to protect the court and the public from the misconduct of officers of the court (in re: Montagne, 3 Phil. 577), and to protect the120. @ 121. Q 122, Q BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ‘administrat of Justice by requiring that thos Amini tis important function shall be cox. Foren, bogorable, nd reliable men in whom ecary tray repose confidence. (Paras y, an emi. Case No. 439, April 12, 1961; ln we ‘Mac Dougall, 3 Phil. 70). What is the nature of disbarment proceedings? Disbarment proceedings against attorneys shall be private and confidential except that the final order | of the court shall be made public as in other cases coming before the court. (See. 10, Rule 139, Rules ot Court). Give the rationale for making disbarment proceet- ings private and confidential. Disharment proceedings shall be private and cot- dential in order to enable the Supreme Court make its investigation free from any extraneous i+ fluence or interference, as well as to protect the pe> | sonal and professional reputation of attorneys aol | judges from the baseless charges of disgruntled, | aa and irresponsible clients and litigants. (18 | ue ir 57 Phil. 668; Santiago vs. Calvo, # Enumerate the statut tory grounds for which ala" yer may be suspended or disbarred. ‘The statutory are, MOT stounds for suspension or disbarm® D Deceit; 2 palerectce, oF other grass misconduct it : a amoral conduct; ove tude, 8 °F 8 crime invotving moral te 8) Viclaton o ath fa ° ees 123. 124. Q 128. QUESTIONS AND ANSWERS IN LEGAL ETHICS ao 6) Willful disobedience of any lawful order of a superior court; 7) Corrupt or willful appearance as an attorney for a party to. case without authority to do sa. (See. 27, Rule 158, Rules of Court) Cite instances when a lawyer is said to be obstruct- ing the administration of justice. Instances of obstruction are: 1) Asking the complaining witness not to appear 10 the case can be dismissed; 2) Asking client to plead guilty when lawyer knows client is innocent; 3) Advising a client to eseape; 4) Employing dilatory tactics to frustrate satis- faction of clearly frivolous cases on appeals; 5) Filing multiple petitions or complaints for a cause that has heen previously rejected in the false expectation of getting favorable action. (See People va. Jardin, “RA 167, citing Agpalo's Legal Ethies), May the solicitation of cases at law for the pure pose of gain, either personally or through paid agents or brokers, be @ sufficient cause for sus- pension or disbarment? Yes, because such act consti der the Rules of Court. (See. The following notice appeared In the “Classified Ads” of a Manila newspaper for general circula- tion: NARUSU DIVORCE John Williams A lawyer in Narusy is giving free literature on NARUSU divorce through the undersigned, dur Ing office hours Monday thru Friday.A > gustody and mie ined by the undersigned, ° OBTAINAR, cE CASES, Le _ suck one ALI WORLDWIDE, VOU "wo WEEKS PM qusU IF BOTH PARTIES gph ‘RAV suchas adoption ang other’ information. division of conjugar suDICIAL ETHICS, | ; ; be (Atty, Bahay ay 1c i Cali Tel. ton | rinted notice or ad, constity, (2) Doos such @ Fr isement on the part of A i permissible advé a | prohibiti ing the genoral prohibition againg wea ment! “touting,” and the ry, strictions on a lawyer's privilege to “attrac, ‘lionts,” may Atty. JCR be disciplined for reach of professional ethics? (1987 Bay) ‘The printed notice constitutes improper ag, weeny a solicitation of Attornoy ICR on tH) counts: On the first count, tho notice advortises the skill and connection with a foreign lawyer on a cys, tain type of service, On the second count, the service promotes ab. solute divorce which is not allowed under Philip pine lave It attacks marital stability which a law, yer is not supposed to promote, { (b) _ Yes, Atty JCR may be disciplined for a) breach of professional ethies. Aside from his ims | proper solicitation, Atty. JCR tried to represent to local clients that he isin association with a foreign ) lawayer who ot allowed to practice law inthe Phil | oer oer va. Baker and McKenzie, 136! 3 (o) | | | 126. 4127, a a A QUESTIONS AND ANSWERS IN LEGAL ETHICS 7) In a civil action for annulment of @ deed of sale defendants presented transcripts of testimonies taken ina disbarment case against one of the plain- tiffs, a member of the bar. The lawyer-plaintiff Moved to strike out said transcript on the ground that disbarment proceedings are confidential, and his motion to strike out was granted by the trial court. Is this correct? No. The attorney can waive the private and confi- dential character of the disbarment proceedings, which was done here when the attorney touched on the same testimonies during the trial. Moreover, the introduction of the transcript was for the purpose of impeachment, The right of a party to impeach the credibility of adverse party is a defense tool sanc- tioned by Soce, 15 and 16 of the Rules of Court, (See Villalon, Jr. vs, Intormediate Appellate Court, 144 SCRA 443) (A) May a lawyer be disbarred for causes other than those mentlonad by law? (1967 Bar) May a member of the Bar be removed on grounds other t! merated In the Rules of Court? Expl: Bar) May a lawyer be disbarred for causes other than those mentlonod in the statute? When? (1977 Bar) B,C. Yeo, a lawyer may be suspended or disbarred on causes othor than thoae mentioned in the stat- ute, The statutory enumeration of the grounds for disbarment or suspension is not to be taken as a Limitation on the general powor of courts to suspend or disbat a lawyer, The inherent power of the court. over its officers eannot be restricted. (Quingwa vs. Puno, Adm, Case No, 998, February 28, 1967). Alaw= yer's misconduct, although not related to his prac tice, may constitute sufficient grounds for disbar~ ment (Royong vs. Oblena, Adm, Case No, 376, April (8) sponded or in those enu- (1972 «©126, 120, BAR REVI a a xp JUDICIAL BTHICS pEWER IN LEGAL ray be removed not only 80, 1963). Mee eihonesly in his profession, py malpractice 07 isconduct, which shows him to ale for gro and unworthy of tho priviegy unit for Ue Oc and the law confor upon him, The ehh is iense andthe 1a aa disbarred or suspended lawye eee wot fad in the atatute as whore tn for renwoPantrary to honesty OF gO MOFALs, or dy acts ae inate the highest degree of morality qo | Ieee expected of member ofthe bur. Sta, Mary | totam, Cow No, 296, July 31, 1964), | ra, thore sppeared from timo 1p I tame toxts of pledge, memoranda | in Important cases Involving public Interost, i, vvoral Instances, those published papers, plod. | ings, etc, Indicate that a well-known former mony. ber of the Judiclary, has signed such papers thus, X,Y and Associates Counsel for Roapondonta By: Justice X Does the foregoing constitute a broach of le | onal othice on the part of the law firms» and the signing partnor? (1987 Bar) Yor, tho submission of court pleadings by a former vornbor of the judiciary algning an “Suntice” creates undue advantage over ordinary practicing lawyers. | It lao crentow tho false Impronsion that inewmbent morbora of the Judiciary may practice Inw, an the ) public may not bo aware that he has retired, Whilé | Junties X In not prohibited from practicing Inw after | his retiroment, he should sign hin mame without | nocomarily Indicating that ho was a justice, Atty. Q 88 general manager of realty firm missy Propriated the proceeds of a a Atty.) Clalms he cannot be disciplined as the misapp'® | Prlation was not i Inthln valid deteneey om the practice of am | 130, 434, 132, a A a QUESTIONS AND ANSWERS IN LEGAL BTHICS- a ‘This contention is dovoid of morit because his outrageous unscrupulousness reveals that he is not, 8 person of good moral character. Good character is fn essential qualification for admission to the bar. (Jesena vs, Osuna, Adm, Case No, 1089, Dee, 29, 1983} Arcinga vs, Maninang, 106 SCRA 391; Canon 82, Legal Ethies), Lawyer C propared a mining oporation contract where it was mado to appear that the land was ‘ownad by X and ¥ whon In fact It was owned by a Corporation. M, president of the corporation filed for disbarmont. nse is that the contract was nagotlated by X and Y who are brothers of M and thoy benefited 80 that he pleaded for compassion. Lawyor C is guilty of bad faith and in suaponded for six monthn (Moritt va, Cacanindin, 126 SCRA 286), Atty. “L" filed several complaints against Atty. A Including two dist which wore all dismissed. The complaints wore the products of Ni-will and the desire for revenge. Has this been @ violation of professional ethics by Atty. "L"7 Atty, L whould bo consured for trifling with the Suproms Court, nnd muking vino of tho judictal proe- ‘6x8 nn an Instrumontof rotallation, (Lim va, Antonio, 126 BCRA 273), Atty, X ls charged with professional incompetence 1d a deed of donation mortis declared vold by the court for not having boen executed in the form of a laut will end testament, Could this be a ground for dine barmant? Professional incompetence fs not. a ground for din- barment untons nuch incompetence would be equivae Jent to inexcusable ignorance of law, The distine- tion between a donation fnter vivon end donation mortin causa is a difficult legal concept wo that the62 133.. Q. BAR REVIEWER IN LEGALAND JUDICIAL ETHIcg i ith such distinction m,_ | iliarity of law with suc wy et aye are not expected to know 1 , ‘i FaeeetGee Alejandro ve. Geralder, 78 SCRA 4 Mendoza vs. Mercado, 98 SCRA 45). der against a rankin, ‘a prosecution formu! ss gar wie te latter engaged the services of Rs, antl known trial lawyer, to whom the officer in o, ne thoir conferences disclosed a plan to “elimina? or “salvage” — Le, kill or otherwise cause y, Follow military 6} disappear — the only witness, a aa ficer, through a contrived traffic or highway vehicy lar accident, (a) What are the legal and moral obligations Atty. RS to his client and to the authorite, under the given circumstances? (b) Should the planned “accident” take place ang the witnesses for the prosecution be kil as a result, is Atty. RS under any obligation to disclose to the authorities the plan that hi client had mentioned to him, as above-men, tioned? (@) The legal and moral obligation of Attorney RS is to advise his client not to proceed with his unlew. fal plan to kill tho witness ageinst him, Although this plan was disclosed to the lawyer in confidence, it is not covered by the rule on privileged commuri, cation, | ‘The privileged communication under Rule 138, | Scetion 20(e) of the Rules of Court covers only law. ful and honest purposes. The protection of the at torney-client privilege has reference to communice: | tions which are legitimately and properly within the | Scope of a lawful employment and does not extend | to those made in contemplation of a erime or pe | Petuation of a fraud. If the unlawful purpose is | Faved, the client does not consult the lawyer po- | fessionally because it ig hot within the profession of | | 134, 135, QUESTIONS AND ANSWERS IN LEGAL ETHICS e a lawyer to be advising persons as to how they may commit crimes or frauds or how they may escape the consequences of the contemplated wrongdoings. If the client does not reveal his illegal motive, he eposes no confidence in the attorney because the state of facts which is the foundation of confidence does not exist. In either case, the attorney-client Privilege does not attach, there being no professional employment properly speaking. (Standard F.Ins. Co. ve. Smithart, 211 SW 441, 5 ALR 972 [1919]; Strong vs. Abner, 105 SW2d 599 11937]; People vs. Van Alstine, 23 NW 594 {1885}; Hamil and Co. vs. Eng- land, 50 Mo. App 338 [1892]; People ex. rel. ‘Vogelstein vs. Warden, 270, NYS 62 (1934). Under the circumstances, if his client insists on his plan, the lawyer should withdraw from the case. (Sec. 16) (b) Yes, it is the obligation of the lawyer to dis- close to the authorities about the plan of his client. Atty. X and his clients failed to appear at the trial of an action instituted by Atty. X on behalf of his clients, the case was dismissed, in view of the ‘unexplained failure of the lawyer to appear, Is this action proper? No, The proper course is for the court to cite the lawyer for contempt for his failure to appear at the hearing of the case without explanation shows dis- respect to the court. It is a censurable behavior. (See Corleto vs. Arro, 99 SCRA 121), Atty. X, a notary public, refused to furnish coph of a document he notarized as requested by the mortgagor, In favor of a rural bank of which Atty. X was a legal counsel. He likewise falled to submit copies of said document to the court, What Is the liability of the notary public? It is the duty of a notary public to furnish copies of notarized documents requested of him. While this136, 137. 138. Q. While opposing counsel was Ab ANDAUIICTAL BATGS TANARIS } | WARN } | } afdisbarment OF suspeng) ine be ahe Hae monisied 10 De MOTE ear istic is aC wont ot . : sete villaneve ¥% dela Cry 9 the notary PY in bis actuations SCRAIS- winat ground) instaternen ora pohaedcensuspended or disbarred p, Tren the Supreme Court is convin ed the requisites of ready possess Safe ty bet ecossary 10 guarantee his wor, bity and inte practice of his profession, The aug w re lawyer is not intended primarily a Prnishment but as a measure of protection to thy cand the profession. See Magat Ve. Santiags | 97.SCRA 1). | amayasuspended attormey ay lawyer who hi } | | be reinstated wl | fering his evidence, imed " * and when cha . P claimed “ay, que bobo,” a ged | AMF feconduct Atty. P’s defense is that he was fot alluding to counsel but to the manner in which Complainant was trying to inject wholly irrelevant | matters in the proceeding. Is this tenable? ‘A. No,whethor directed at complainant or his manner ‘evidence,.the remark “bobo” or “ay, que | ror offensive end uncalled for. Respondent | exhibited lack of respect not only to a fellow lawyer but also to the Court. Respondent is reprimanded, | (Castillo vs. Padilla, Adm. Case No. 2339, Feb. 24, | 1984). ' Q. Apetition for review of an award of attorney's fees was deemed submitted for decision by the Sv- | preme Court on October 1, 1975. Plaintiff, a lav- yer, then filed a motion for execution on January ' 34, 1978 and July 7, 1978 for the remand of the ' records to the trial for execution on the theory that under Sec. 11, Art. X of the Constitution, the judg: ‘ment of the trial court is deemed affirmed if the case Is not decided within eighteen months from | Submission. On September 13, 1978, plaintiff filed | 139. Q. QUESTIONS AND ANSWERS IN LEGAL RTECS co @ motion for writ of execution with the tral court, again Invoking the aforecited constitutional provie sion. On October 2, 1978, the trlal court issued the writ of execution, resulting In the garnishment of the funds of the client. Both plaintiff and the trial Court were asked to explain these actuations, May the plaintiff, a lawyer, and the presiding judge be clted for contempt for the Issuance of the writ of the execution while the case was still pending de- cision by the Supreme Court? Both plaintiff-attorney and the trial judge are guilty of contempt of the Supreme Court. The Supreme Court has ruled that as the highest tribunal has not made any pronouncement on See. 11 of Art. X of the Constitution, becoming modesty requires that a trial judge should not assume the role of the Highest Court of the Land. Moreover, even under the aforecited constitutional provision, itis required that a certification be issued by the Chief Justice that the decision is deemed affirmed and the records be returned bofore the writ of execution may be issued. In the case of the plaintiff-attorney, the Supreme Court held that the lawyer was guilty of disrespect and disregard of the authority of the Court when he filed the motion for execution even before the Chief Justice had issued the required certification. (See Corpus vs. Court of Appeals, et al., G.R. No. L-40424, June 30, 1980) 1s the grant of absolute and unconditional pardon by the President of the Philippines to a lawyer con- victed of falsification of a public document, which pardon restored the lawyer to full civil and politi- cal right entitle the lawyer to reinstatement in the Roll of Attorney? No, Evidence of reformation is required before an applicant is reinstated notwithstanding that he had already received a plenary pardon. The decisive question is whether applicant is of “good moral character.” (See In re: Asuncion P. Vailoces, 117 SCRA 1)68 140. Q 141, 142, a san nevrewer LEGALAND JUDICIAL ETHICS ounsel for plaintiff in a qa, At. X appeared was rendred In favor of we! ye sult. nd to satisfy the award, @ parcel of ja, plat a upon, which was sold at auction gq was levier one-half of his Interest to Atty nod / Cee ‘with their contingent Contract pemays fees. Is the assignment a violation ¢, } tno civil Code and Canon 10 probiyy, cee by lawyer of the proporty in iy! gation? im Jot was not the subject-mattor of the litiga.| Ne ak eaied by the client in the executiog| salo, (See Guevarra vs. Calalang, 117 SCRA) ‘Atty, X affixed his conformity to a lease contrac, ‘executed in favor of the complainant who late complained that there was a violation of the war. | ranty. Complainant charges the lawyers of having taken advantage of complainant's Innocence and trusting nature. The defense of the lawyer Is that he Is not a party to the contract of his wife. Is this tenable? | Atty X cannot be held Liable administratively be cause he was not a party to the contract. However, | the lawyer was reminded that to avoid suspicion that | he took advantage of his legal knowledge, he should have exercised utmost prudence. (in re: De Guzman, | 119 SCRA 505) | Respondent lawyer advised complainant that t0) Stop the ejectment suit against the latter, the lav | yer would file a complaint with the Baguio CFl.| Complainant gave the lawyer P5,863,00 for fees and miscellaneous fees. The complaint was not filet | Wma’ Of defenses, the lawyer presented cot | . ainans affidavit of desistance; he also claimed omestek Porusal of the records of the ejectme +e found that complainant had already filed | | 143, 144, QUESTIONS AND ANSWERS IN LEGAL ETHICS 67 a Third-Party complaint, thereby making the pro- posed suit unnecessary. Is he liable for miscon- duct? Yes. The affidavit of desistance is not a bar; also, the respondent had the duty to inform himself of the various aspects of the case before assuring the complainant that contemplated suit was meritori- ous. Respondent cannot pass the blame to the com- plainant, For this misconduct the lawyer was sus- pended for six months, (See Munar vs. Flores, Adm. Case No, F-2112, May 30, 1983). In the course of an investigation he was conduct- Ing, of alleged Irregularities in a civil case, an NBI agent affixed his signatures and fingerprints on the blank dorsal side of the Court records. He was cited for contempt for tampering with the records. Is the Court action tenable? No. This is not contempt, as the act of the agent ‘was part ofthe investigation process, (See Manalad vs. Hon, De Vega, G.R. L-59866, Feb. 22, 1983). Ina proceeding for the payment of workmen's com- pensation, the employer (who disputes the claim) for humanitarian reasons was willing to pay 2,000.00 to the hoirs of the deceased. This is be- low the minimum of P6,000.00 fixed by law. In or- dor to enable the guardians of the deceased to re- ceive the sum of P2,000.00, the guardian secured the services of Atty, M who prepared a Motion to Dismiss alleging that the deceased had already received P4,000.00, This was a false statement. Atty. M when charged for making such false state- ment pleads he had to make such false statement for lagal technical reasons. Is he liable? Atty. M was suspended for one month. The Court is not inclined to be severe in view of his ready admis- sion of the falsification and no material damages were caused. (See Martin vs. Moreno, A.C. No. 1432, May 21, 1984.)8 BAR REVIEWERIN LOAM nt asked the Court of Appea, 445, a, Counsel for PPAR ging of brief as his, 146, 147. a AND JUDICIAL ETHICS ; | : t to suspend suspen anor an administrator 18 2Ppoii, nt he had no more legal standing jy | boca or ecoased appellant. This way { ack Md appeal was ismse 2 he ry | correct? sc Gi Now tame, | Haberer vs. Martinez, G.R. Nos. 142659, | ws, ieveas ruled that if a claim is not extin Atished by death, the court should require | suletnment of administrator, OF Appearance of legal representative to appear for the estate. In the sear time, the period to file brief is suspended, 'A successful bar candidate was sought to be tarred from admission to the bar; In the hearing of this petition, the bar candidate used abusive ang vituperative language; he charged the Supreme Court with issuing a “sadistic resolution,” that he Is the victim of a court's crue! and inhuman pun- ishment. Is one aspiring to be a lawyer already bound to observe and maintain the respect due the courts of justice imposed on lawyers under Sec. 20(b), Rule 138 of the Courts? Also, may the power to punish for contempt be exercised in ad- ministrative proceedings? ‘The Supreme Court ruled that (a) those who aspire to be lawyers has the duty to maintain a respectful | attitude towards the Court, and to defend the courts against unjust criticism. It also ruled that contempt nee eo s t administrative proceedings Andres ve. Cebrers 819 ai a respondent. Atty. X kept for himself a port = if portion of the money re- | ‘ed from the opposing Party. His client charged nin inst a Jase filed disbarment proceed: ' the csnan fit. He asks for the suspension of | Proceedin Palled tc 198 as he would be com ° exPose his defense that he would rais® | 148. 149. QUESTIONS AND ANSWERS IN LEGAL ETHICS C In the estafa case; unless suspended, the disbar- ment proceedings would be a viclation of his right against self-incrimination. Ruling? ‘The issues in the two proceedings are different. In the disbarment case, at issue is his fitness to con- tinue as a member of the legal procession; in estafa case, the issue is whether damage was caused by complainant thru fraud. (Adm. Case No. 1797, 94 SCRA 48), Atty, G failed to appeal the Judgment against his client. There was no showing that the Judgment was erroneous, His client sues Atty. P for damages. Ishe tlable? No, Where a judgment becomes final through the fault of the lawyers, that fact alone is not ground for the recovery of damages, absent a showing of the injustice of the decision. Counsel is admonished to exercise care and circumspection in attending to client's affairs. (Adm. Case No. 1664, 89 SCRA 178). Atty. “B” failed to file his 5-page motion for recon- sideration of the decision of the Court of Appeals adverse to the client within the reglementary pe- riod so that the judgment became executory. The excuse of the respondent lawyer was that he gave the motion to his temporary clerk but the clerk for- got all about it and mailed the motion two days after the Judgment became final. Is this explana- tion of counsel satisfactory? The explanation of the lawyer is not satisfactory. Making the law office secretary, clerk or messenger a scapegoat for the delay of the filing of pleadings and for the lawyer’s dereliction is common alibi of practicing lawyers, The shifting of blame to office messengers is usually a concoction utilized to cover up a lawyer's negligence. Respondent is repri- manded for negligence. (See Adaza vs. Barinaga, Adm. Case 1604, May 29, 1981),2 150. Q. 151. Q. 152, Q. JUDICIAL ETHICS IN LEGAL AND. BAR REVIEWER attorney wrote several dispa, of a members of the Supreme ei Ing letters charges against a Justices 4, ication of this filing of the compya, art oa papers. The attorney disclaimer responsibility for the act ete ey has control of the proceedin, Se ans a cliont takes should be within es, rangge and responsibility. The Canon 16 of Canons of Legal Ethics enjoins lawyers to use his best efforts to restrain and to prevent his client, from doing those things which the lawyer hima ought not to do particularly with reference to thei, conduct towards the Courts and judicial officers, j¢ client persists in such wrongdoing, the la should terminate their relations. (Eva Maravi}j, Tlustre vs. IAC, 148 SCRA 982, citing Surigao Min, eral Reservation Board vs. Cloribel, 31 SCRA 1) The client os What is the res ipsa loquitur rule in disciplinary proceedings? against lawyers and judges? The res ipsa loquitur dispenses with evidentiary hearing after the respondent submits his comment to the charges, and the liability of respondent is determined on the basis of the decision complained of (People vs. Valenzuela, 135 SCRA 712) or on the | basis of letters alleged to be derogatory. (See Eva Maravilla Illustre vs. IAC, 149 SCRA 670, Resolv- tion on Motion for Reconsideration.) The absence of a formal investigation cannot be objected to on the ground of lack of hearing and due process. What due process abhor is absolute lack of opportunity to be heard (Tajonera vs. Lamaroza, 110 SCRA 438). A hearing does not necessarily connote a trial type of proceeding. A) Whats the Integrated Bar of the Philippines? B) Whatis the meani Ippine Bary 9% Integration of the Phil ts ofhis llent. 1s he abd) \ 154, QUESTIONS AND ANSWERS IN LEGAL ETHICS a A) Integrated Bar of the Philippines is the national organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court, and constituted on May 4, 1973 into a body corporate by Presidential Decree No. 181. B) _ Integration of the Bar means the official na- \ tional unification of the entire lawyer population of the Philippines. This requires membership and financial eupport (in reasonable amount) of every attorney as conditions sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court (Per Curiam Reso- lution of the Supreme Court, January 9, 1973). What are the three (3) fundamental purposes of the Integrated Bar? The fundamental purposes of the Integrated Bar are: 1, To elevate the standards of the legal profes- sion; 2, Toimprove the administration of justice; and 3, To enable the Bar to discharge its public re- sponsibility fully and efficiently. (See, 2, Rule 189-A, Rules of Court) What are the objectives and purposes of the Inte- gration of the Philippine Bar? ‘The objectives and purposes of the Integrated Bar are: 1, To elevate the standards of the legal profes- sion; 2. Toimprove the administration of justice; 3. To enable the Bar to discharge its public re- aponsibility more effectively;155. Q. A ICIAL ETHIC LsGAL AND JUD! 8 AR REVIEWER IN 4 rast inte ainitration uti intain on the ter and maintain on the part op 5. Te fate ighideesofinterity, learning» spre competent, PUDTE servic ang duct; a oeeteguard the profesional interes rmombers; 7, Tocultivate among its members a spirit of dialty and brotherhood ‘ 8, To provide a forum for the discussion of, jurapradence, law reform, pleading, praia ‘and procedure, and the relation of the Bar : the Bench andto the public, and publish ine, mation relating thereto; i 9. ‘Toencourage and foster legal education; | i 10. And to promote a continuing program of legal research in substantive and adjective law, anal make reports and recommendations thereon, (Per Curiam Resolution of the Supreme Cour, January 9, 1973) Who are members of the Integrated Bar of the Philippines? : ‘The Integrated Bar ofthe Philippines shall be com | posed of all persons whose names now appear or | may hereafter be included in the Roll of Attorneys | ‘of the Supreme Court, (See. 1, Rule 139-A, Rules of Court), Thus, the following are, automatically and | without exception, members { sou mown of the Integrated Bar | 2 Al lovgers whose names were in the Rollo Ate ” so the Supreme Court on January | 2 Alllawyers whose n ‘ ame: entered therein after the anid date oe 156. Q. A. 157. Q. A QUESTIONS AND ANSWERS IN LEGAL ETHICS 3 In what ways have the Supreme Court and the In- tegrated Bar of the Philippines maintained a high moral standard for the legal profession? While it is probable that the spirit of commercial- ism has posed a threat to the standards of the legal profession, the Supreme Court and the Integrated Bar of the Philippines have continuously tried to maintain a high moral standard for this noble pro- fession, One of the ways of achieving this end, as Jnid down by the Court, to admit to the practice of this profession only thuse persons who are known to be honest and to possess good moral character. Another way is by purging the profession of men whose conduct deviates from the accepted othical lines. ‘What safeguards have been adopted to insure and maintain the non-political character of the Inte- grated Bar of the Philippines? Sec, 13, Rule 139-A, Rules of Court provides: “The Integrated Bar shall be strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial, quasijudicial, or prosecutory office in the govern- ment or any political subdivision or instrumental- ity thereof shall be eligible for election or appoint ment to any position in the Integrated Bar or any Chapter thereof. A Delegate, Governor, Officer or employee of the Integrated Bar of any Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or prosecutory office in the Government or any politi- cal subdivision or instrumentality thereof.” The IBP has also adopted rules and regulations prohibiting acts and practices relative to elections such as, un- lawful distribution of election campaign materials; campaigning for or against any candidate; forma- tion of tickets, single slates, or combination of can-“ 158. Q. 159. Q. 160, Q ap REVIEWER IN LE JgaL AND JUDICIAL ETHICS | as the advertisement therege. i ks, entertainment, transportan, ralue; or making promise ty ,” ofinducing a member to yi? to vole for or against a candida,"| . Hy aidate, 05 we wing ed, aa any aril of person for the P' hold his vote, OF What Is the obj ective of legal ald offices ire IIshed and operat | ted by the IBP Chapters? | vice (ree legal services to those unaty,! ee services) — Legal aid isnota matterg charity. Tt isa moans for the correction of social a balances that may and often lead to injustice, which reason it is a public responsibility of the Bal ‘The spirit of public service underlies all legal gy) offices. The same is 80; administered aa to give max, | Shur poasble assistance to indigent and desery; members ofthe community in all cases, matters ang situations in which legal ald may be necessary w| forestall an injustice. Moreover, these legal aid of: fices sock to implement the provisions of the Coq. stitution guaranteeing free access to the court, | What will happen to a member of the Intograted | Bar If he fails to pay his annual dues as such! member? { f ‘The failure of any attorney to pay his annual mone! bership dues for six (6) months shall warrant sus." pension of his membership in tho Integrated Bar of tho Philippines, and default af such payment for ove + (A) yearahall bea ground for the removal of his name | from the Roll of Attorneys, (See. 10, Rule 139.4,° Rules of Court), ‘May & member of the Integrated Bar voluntarily torminate his membership therein? ' A momber may terminate his membership by filing A verified notice to that effect with the Secretary ol! the Integrated Bar, who shall immediately bring the ‘matter to the attention of the Supreme Court. Forthy ! 161. Q. 162, Q. QUESTIONS AND ANSWERS IN LEGAL ETHICS: cc with, he shall cease to be a member and his name shall be stricken from the Roll of Attorneys. Does the Supreme Court have the power to Inte- grate the Philippine Bar? Yes, the Supreme Court may integrate the Philip- pine Bar in the exercise of its power, under Article VIII, Section 13 of the Constitution (now Art, X, Section 5{5}, of the New Constitution). “To promul- gate rules concerning pleading, practice, and proce- dure in all courts, and the admission to the practice of law." Indeed, the power to integrate is an inher- ent part of the Court's constitutional authority over the Bar. In providing that “the Supreme Court may adopt rules of court to effect the integration of the Philippine Bar,” Republic Act 6377 neither confors 8 new power nor restricts the Court's inherent, power, but ia a more legislative declaration that the integration of the Bar will promote public interest or, more specifically, will “rniso tho standards of the Jogal profession, improve the administration of jus- tice, and enable the Bar to discharge ita public re- sponsibility more effectively.” (In re: Integration of tho Bar of the Philippines, 49 SCRA 22). Is tho Integration of the Bar constitutional? You, in all caxos whore tho validity of Bar Integra: tion monsuros hax been put in issue the Courts have uphold thoir constitutionality. The judicial pro- nouncements in support of the constitutionality of bar integration are: 1. Courts have inherent power to supervise and regulate the practice of law. 2 ‘Tho practico of law is not a vested right but a privilege; a privilege, morvover, clothed with public intorent, became a lawyer owes duties not only to hie client but also to his brothren in the profession, to the courts, nnd to the nas tion; and takes part in one of the most impor-6 163. Q. A an nnvewer LEGAL ANDI DICIAL ETHICS ns ofthe State, the edministrasy| tant fanction® cer of the Court, 7 of justice, a8 2 pa .e practice of law is a priyi 5. ec eit interes, i is fair ange) Ghat the exercise ofthat privilege be reputayg to assure compliance with the lawyer's Publg) responsibilities. lic responsibilities can best be 4, 4, The pil hrough collective action; but: theres be no collective action without an organizg| ‘body; no organized ‘body can operate effective | ‘without incurring expenses; therefore, it is fay, and just that all attorneys be required to coy, tribute to the support of such organized body. and, given existing Bar conditions, the mog efficient means of doing so is by integrating the Bar through a rule of court that requires all lawyers to pay annual dues to the Inte grated Bar. (In re: Integration of the Bar, 43 SCRA 22). ¥ Is the compulsory membership in the Integrated Bar violative of the lawyer's constitutional freedom to associate (or corollary right not to associate)? No. Integration does not make a lawyer a member | of any group of which he is not already a member, He became a member of the Bar when he passed the Bar examinations. All that integration actually does is to provide an official national organization for the well-defined but unorganized and incohesive group of which every lawyer is already a member, Bar integration does not compel the lawyer to ass ciate with angone Heis free to attend or not attend ba ee pi of his Integrated Bar Chapter or vole e ‘Vote in its elections as he chooses. The sre ComPulsion to which he is subjected is the pay" pepsed ee dues, The Supreme Court, in ordet ing the quali es eeitimate interest in eleva Quality of professional services, may require 164. Q. A 165. Q. QUESTIONS AND ANSWERS IN LEGAL ETHICS 1 that the coat of improving the profession in this fash- ion be shared by the subjects and beneficiaries of the regulatory program — the lawyers. (In re: IBP membership dues delinquency of Atty. Marcial A. Edillon, Adm. Case No, 1928, 74 0.G. 7951). Briefly describe some features of the proposed Code of Professional Responsibility prepared by the Integrated Bar of the Philippines. The Code of Professional Responsibility prepared by the Committee of Professional Responsibility, Discipline and Disbarment has the following features: 1) _ The code is based on provisions of the Philip- pine Bar Association, Canon of Professional Ethies, Code of American Bar Association, Ca- nadian Bar Association, District of Columbia, and California State Bar; 2) It isdivided into four chapters defining the ob- ligations of the lawyer to: (a) society (b) legal profession (©) the court (a) the client; 3) There are twenty-two canons; each canon is followed by disciplinary rules, There are ninety-two rules distributed among the twenty- two canons. There are canons for lawyors in government service contingent fee for tho whole amounts not allowed. Canons are aspirational, whereas, the rules are discipli- nary. May an Incumbent Regional Trial Court Judge take a loave of absence and appoar as the representa- tive of his brother who Is a candidate for public office, In the canvassing of the votes before theB A 166. Q. A 167. Q IN LBGALAND JUDICIAL ETHICS take a rovincial Board of Canvassers, ctive fepation therein in order that the votes of 4, brother may be correctly canvassed and Counteg) ‘as this would constitute engaging in pany Ne lacy and hence would constitu ia ous misconduct for which & fine of six months sq shy is imposed (See Adm. Matter No. R-168, In» RAC Judge, Resolution En Bane of the Supreng Court dated April 8, 1987). Give a brief summary of the Judicial obligations g ajudge. (1969 Bar) j Canon 31 of the Canons of Judicial Ethics declarey that a judge's conduct should be above reproach ang { in the discharge of judicial duties, he should be coo, scientious, studious, thorough, courteous, patient, j punctual, just and impartial, fearless of public clamor, and regardless of private influence should administer justice according to law and should deal | with the patronage of the position as a publi trust / and should not allow outside matters to interfere with the prompt and proper performance of his o | Judge X engages the services of Atty. Y to handle private case ofthe ude. Atty Y appears as cour Ei before Judge Xin a cate which was submited Naar 42n on the basis ofthe stipulation of facts No oalevidence was presented, Judge X decided = 38 Ervorably for At, Y's client. The adverse eee eons " ins that the Judgments should | ludge X was the client of Atty. Yat | the time he this issue? the case. How will you rule on | The mere fact F Shier ary nna oars! the case. The ultimate teat is to de Privedaffalr rier oat the partion has been de ‘mpartial trial, Here the case Wat 2 3 E Z 5 168. Q. A 169. Q. A 170. Q. A QUESTIONS AND ANSWERS IN LEGAL ETHICS 19 decided on stipulation. (See Associacion de Agricul- tura de Talisay-Silay vs. Talisay Milling Co., 88 SCRA 327). ‘ 2 ‘A municipal judge dismissed a frustrated murder ‘complaint on motion of the private prosecution on the ground that the parties had amicably settled the case. Is this proper? No. Crime victims should not aid in obtaining im- munity from prosecution for the culprit. Courts should not aid in enforcing contracts which pervert the law. (See Fajardo vs. Bacarro, Sr,, 117 SCRA 11} but see J. Abad Santos, dissent) The accused in a criminal case was ordered re- leased by the municipal judge without posting a bond. Later, property bonds were posted but it ‘appeared that one of the lots had been foreclosed, while the others did not have clearance from the Ministry of Agrarian Reform. Is the Judge guilty of misconduct? Yes, The judge is guilty of misconduct for releasing the accused without bond; later accepting defective real property bonds. This indicates partiality to the accused. The appropriate penalty is a fine of three months salary. (In re: De Gracia, 119 SCRA 189). Respondent judge signed as a witr of land which belonged to X, a former client of tt Judge when the totter was still In private practice, ‘The land was foreclosed by the DBP and sold to Yi X later questioned tha deed of assignment. X ‘charged the judge with having pressured him into signing the deed which he did not understand. Thi Judge denied the imputation. X also accused the Judge with engaging In law practice by being the lawyer of Y. Did the judge engage in law practice by his Intervention in the transaction? No, The act of the judge in advising X of the conse- quences and implication of the assignment of the171, 172, Q. 173, Q ractice BECAUSE thoy, is vat and ¥; he did not ye" My nor did he receive any ult ofhis intervention, (Sea 118 SCRA 7). Ng £. sata moms d to dacide a ge who fale — ids lack of pol jon months ploa Of pers, maton for tn only avall of one stenographer nal, this tonable? No, Judges mua keep watchful eye on the lovey nut eanduct of eOUrT Personnel, [, i: in administrative supervision Ofer indesirable tai Judges who set he res aoe emiciency, diligence and dedicay would ea ‘their personnel to be more diige| womitedent inthe performance oftheir duties, jy, In re: Aguinaldo, 117 SCRA 32), aintain order in his court, respondent Judge shouted at tho| fawyer and the lawyer shoute pack. The judge in a loud voice told the lawyar thy Iattor is disrespectful. May the Judge be held liabiy ing his temper in the Courtroom? ployees is an In order tom: for los Respondent judge was reprimanded for his uncon. trolled passion. Instead of shouting at the lawyer, he should have maintained his composure. In main. taining decorum in the court, the judge should act with utmost sobriety. (See Martinez. vs. Pahimulin, 116 SCRA 136). ‘ In the course of a proceeding before a Regional Trlal Court involving a petition for admission to ball of a porson charged with rabollion, the pros: ecutlon cited various Suprome Court decisions in which similar potitions by other accused persons, ware dlamiasud by the Supreme Court. Tho RIC dda, In ejecting the prosecution's argumants, ‘ordering the defendant's admission to ball, 174, Q. QUESTIONS AND ANSWERS IN LECIAL BTHICS at prorated, inter alla, as follows: “I personally be- Hleve that the Supreme Court was wrong In refus- ing to allow bail in the cases cited by the Fiscal. 1 know that the facts in the cited cases Imost Identical to those shown in this ca! but I strongly feel that the Suprome Court overlooked the equ table and humanitarlan aspects of the c: Discuss the legal and othical aspects of these statements of the trial judge. (1987 Bar) ‘Ajudge may not decide contrary to a jurisprudence set by the Suprome Court. If e feels that the appli- cation of a doctrine promulgated by the Supreme Court is against his way of reasoning or against his conscience, he may state his opinion on the matter aather than disposing of the case in accordance ith his personal views he must first think that it is his duty to apply the law as interpreted by the Highest Court of the land, and that any deviation from a principle laid down by the latter would una- voidably enuise, as a sequel, unnecessary inconven- jence, delays and expenses to the litigants. (Albert vs, Court of First Instance of Manila (Br. V1), G.R. No, L-26364, May 29, 1968). What are the grounds for disqualification or Inhl- bition of judges to try a case? judge is disqualified from sitting in a case in which: 1. He, or his wife or child, in pecuniarily inter- ested ax heir, legatce, creditor or otherwise; or 2, Hehasbecn an executor, administrator, guard- inn trustee or counsel; or 4, He has presided in any inferior court where his ruling or decision is the subject of review (Sec. 1, Rule 137, Rules of Court); 5, ‘The judgo may, in the exorcixe of his sound dis crotion, disqualify himself from sitting in a case, for just and valid reayons other than those175, 176. Q. yp JUDICIAL ETHICS pag aE LEGALS tioned above. (Sec: 1, par: 2, Rule case Arca 64 SCRA 9), 1 . between disqualification Se ee jal officers 88 Provided fo, Qj Section 1 of Rule 137 of the Revised Rute, a Court? Explain. a Yes, there is a distinction between disqualificatgg eo rs she ruleon disqualification enune| ates the grounds under which any judge or judi | officer is disqualified from acting as such, ang ty) Sxprecs enumeration therein of such grounds q Clues others. (Velez ¥8. C.A., $4 SCRA 109; U.S, Baluyot, 40 Phil. 385; De Tavera ve. El Hogar Fy, pino, 60 Phil. 621; Talisay-Silay Milling Co, Teodoro, -4579, March $1, 1952; People vs. Lopes 78 Phil. 286). Whereas, the rule on inhibition doeg_ not expressly enumerate the specific grounds at inhibition but merely gives a broad basis the good, sound or ethical grounds (Del Castillo javellona, 6 SCRA 146), or for just and valid ree ‘sons other than those mentioned in the first par: | graph of said section. (Geotina vs. Gonzales, 41 SCRA 66), Stated differently, while the former ex. pressly specifies the grounds for disqualification and | gives the judicial officer no discretion to try or sitin | ‘a case, the latter leaves the matter of inhibition to | the sound discretion of the judge. (Pimentel vs, Salonga, 21 SCRA 160) ; Municipal Judge “V" fixed a ball bond of P10,000.00 ‘and P500.00, respectively, for the provisional li> we: X" who was charged with frustrated hom oe u reckless Imprudence and driving with tively et For such conduct he wae administre ite ss 'arged for Incompetence, The municipal Judge nite the amount of the ball as the period dred weet etm was from alxty to one hut foraenat ay he also justified the ball bond : offense. Respondent judge wat also 178, (QUESTIONS AND ANSWERS IN LEGAL ETHICS 8 charged with having received the amount of P130.00 for notarial work on the bail bond of the accused. This is justified by the municipal judge on the ground that the sum of P130.00 is reason- able as notarial fee and cost. May he be held liable on these charges? ‘The Supreme Court said that as the penalty for frus- trated homicide thru reckless imprudence is only arresto mayor in its minimum period to prision correccional in its maximum period so that the me- dium penalty would only be from One (1) Year, Seven. (7) Months and Eleven (11) Days to Two (2) Years, ‘Ten (10) Months and Twenty (20) Days. The cash bail bond of P10,000.00 is excessive. As the penalty for driving without license is only a fine of P300.00, the bail bond of P500.00 was also found to be exces- sive. The receipt of P130.00 which was essential in preparing and notarizing the bail bond is also im- proper. (See Ibabao, Jr. vs. Municipal Judge, Adm. Matter 1527-MJ, May 13, 1981). Judge “X" failed to resolve a pending motion In his court because the expediente of the case could not be located as it was misplaced. Is this a justifl- able ground to rellave the judge of liability? Itis the duty of a judge to adopt a system of check- ing listing of matters submitted for resolution. Here the respondent's neglect of duty is a matter of record. Even the withdrawal of the desistance of a complain- ant is not a ground for the dismissal of the judge. ‘The reapondent judge is censured for his negligence. (Sce Supreme Court Resolution, Adm, Matter 2005, April 27, 1981). What kind of documents may be notarized by municipal Judge acting as notary ex-officio? He should notarize only documents connected with the exercise of his official duties; hence, a judge who180, 181, a a pens sGALANDSUDICTAL ETHICS BAR REVIEN is liable to reprimang j of sale is potarizes 8 wa "Adm Matte 213-4, adore ‘Matter 1765, October 17, 1989) 2, 19815 2 judge purchased a Toyota mini j Respondent Utd T raaking @ down Paymenig for 12,000.00, Mrndent Judge falled to pay, 2,000.00, the riod of eight years. He was thy balance for 8 Pe cnarged. May he be jig) ‘ tively for ay for this non-payment? a «se Hable, Ajudge is expected to be a meg, Toe jue init sand honesty Beton in otal conduct put also in his personal actuato, inchuding business and commercial transaction id any act or conduct that would result in thy Joss of public trust and confidence. Non-payment, juat debt is civil service offense. The judge is sy, pended for a period of three months. (See Ad Matter 1906-MJ, May 80, 1982). May a member of a collegiate court like the $y, _ preme Court be charged under Art. 204, Revise Penal Code for knowingly rendering unjust Judy. ment? No. Article 204 refers to an individual judge why commits such an offense in any ease submitted ty him for decision, (Eva Maravilla Nustre va, IAC, 18 SCRA $82) May an individual Judge be prosecuted under At 204, Revised Penal Code by the Tanodbayan be fore the alleged unjust judgment has been passed) upon by an appellate court? | No. It is not the prosecutor who would pass judg ment on the “unjustments” of the decision render by him but the proper appellate Court with juri= diction to review the same, either the Court of AP’ Peals and/or the Supreme Ci vi Tustre vs. LAC, 148, SCRA 382) (eva Nee 182, 183. 184, a. QUESTIONS AND ANSWERS IN LEGAL ETHICS. 85 (1) May a fiscal or the Tanodbayan entertain criminal complaints against members of the ‘Supreme Court; and May Justices of the Supreme Court be sub- Ject to disbarment or disciplinary proceedings while In office. No. They should first be subjected to impeachment Proceedings. This isto protect judicial independence and adhere to the principle of separation of powers. Members of the Supreme Court would be vulner- ableto all manner of charges which might be brought against them by unsuccessful litigants or their law- yers. (See ADM, No, 88-4-54, Resolution dated April 15, 1988. In re: Indorsement of Hon. Raul M. Gonzales on Anonymous Complaint) What modifications have been Introduced under Rule 139-8 on Disbarment of Discipline, promul- gated April 12, 19887 ‘The new rule authorizes disbarmont proceedings to be initiated by the IBP Board of Governors motu proprio, upon referral by the Supreme Court or by an IBP chapter, and the investigation condueted by a national grievance investigator appointed by the IBP Board of Governors, Final resolution of the caso ia atill lodged with the Supreme Court. (See Part IV of this Reviewer) May a sitting Judge ship In a foreign bar? ek admission to member- No, An incumbont mombor of the Philippine judici- ary cannot seok admission to a foroign bar as thie will make him an officer of the courts of a foreign country and subject to the jurisdiction thereof, This is incompatible with the position of a judge in the Philippines. (Re: Application to be Admitted to the New York Bar of an RTC Judge, BM 429, March 24, 1988)185. @. Define ® tial A 186. Q 187. a JUDICIAL ETHICg pNLEGALAND: } BAR REVIEWER pRAcTIcaL EXERCISES | deed of conveyance: what are Its ou Bar) ) parts. (1976 ‘ ° document and in its pp, A dead io» len etn of Writing, tea eed meaning cof" od passes present estate or i mill which passes no title until the dogg, Sufficient and lawful subject-matter Valid or good or valuable consideration Proper words of conveyance ‘ormal execution, signing and delivery to jy . (See Mcrrison vs. American Assoc) fon, 66 SE. 469, 26 CJ.S. on Deeds, See ig Define habendum, premises, tenendum. ‘The habendum is the clause which defines or lim the estate; the premises precedes the habendsy Gause and describes the parties and states the ox sideration. While the tenendum is the part former appearing in deeds which seta forth the tenured the grantee, that is the kind of tenure on which te land was to be held. Thus, the phrase habenduné tenendiom means to have and to hold. (See Bale tine's Law Dictionary, p. 542), } What is 2 Notary Public? i A Notary Public is a public officer whose duty is attest to the genuineness of any deed or writing order to render them available as evidence of Gee Seren aie, and who ia authorized by 4 administer various oaths. (Ballentine’ Dictionary, p. 865) ; 188. Q. 190. Q 191. Q. 192, Q. 193. @ QUESTIONS AND ANSWERS IN LEGAL ETHICS. 87 May a non-lawyer be appointed notary public? A non-lawyer may be appointed notary public only by application directly with the Supreme Court, (Resolution of the Supreme Court in Adm. Matter No. 85-10-8812, Oct. 29, 1985) Who appoints Notaries Public? The Executive Judge of the Regional Trial Court appoints Notaries Public. Define pleadings — Pleadings are written allegations of the parties claims and defenses submitted to Court for trial and judgment, Define motions — Every application for an order not included i a judg- ment is a motion. May a Shari'a lawyer who is not a member of the regular bar but an LLB graduate appear before the regular courts even in cases where the Shari'a Dis- trict Court and the regular court have concurrent decision? ‘The Supreme Court ruled that Shari’a lawyer who is an LLB graduate cannot appear before a regular court even in cases where a Shari'a District Court and the regular court have concurrent decisions. (See Bar Matter No. 681, August 5, 1983 Minute Resolu- tion.) In 1993, the Social Weather Station came out with ‘&@ survey which appeared to have cast doubt on the Integrity and performance of the Judiciary. The President of the Social Weather Station was asked to explain this survey on pain of contempt by Judge Maximo Asuncion. The Social Weather Station as- ‘serted that there is no pending case before Judge194, 195, 196. 197, A a yn IN LOL AND JUDICIAL ETHNIC BAR RRVIBW: the Social Weather Stay 4 Asuna nas no jurisdiction, ¥ i) * . Court austained Judge Asuneig, ' though tr 80 Pdi ay can question the survey ¢ tae ie on the interrity ofthe, i 4 case which cut egalution RTC No, 93.1% ay See Minute 1 ; fel (see ation vs, Judge Maximo, Anan November 18, 1993) 4 of an administratiy ajudgo be a subjoc te put prmaiure to pay debt oF fOr is failure f ‘comply with his civil obligation? ame Court has consistently ruled thy ae a crratveeomplint i nt the forum for Tection of debts. (in re: Judge Dieon and Jy Dindoe, AM No, 8-809 and AM No. 93-806, ju 390, 1995) ‘The Supreme ing that oven Does # minute resolution of the Supreme Couy which dismisses a caso for lack of merit viojai, the provision of Art, Vil of the Constitution? ‘Tho denial to give due course to a petition for la ‘of merit complies with Section 14, Art, VILL ofthe Constitution, (See Smithbell vs. Court of Appeal, 197 SCRA 201) May a judge avail an executive clemency for pen altios imposed by the Supreme Court? No. Prosidential or Exceutive Clemency does nol extend to administrative penalties in the judiciary. (Liana vs, Orbos, 202 SCRA $44) May a judge avail of his fooling of s ympathy and Pity for the accused in rondering his verdict? No. Courts are no concerned with the wisdom, ef ency and morality ofthe case, (Poo i | ey and n ‘ase. (People vs, Anigo, 252 SCRA 43; People va, Veneracion, 249 SCRA 24) : Qa. QUESTIONS AND ANSWERS IN LEG, HC 49 May a judge be punished for errors? No as held in In re Gacott, 244 SCRA 514, But egregious legal error with bad faith constitutes misconduct, (Raboca va, Pantanosas, 245 SCRA 293). What Is hurried justice? Such promptness as is not sobered with prudence and wisdom in the final disposition of eases fre- quently resulting in speedy injustice, (See Bula vs, Alipanti, G.R. No, 40623-R, April 15, 1975) May a Shari'a lawyor who is an LLB graduate be appointed Notary Public? ‘No. Supreme Court Resolution dated May 24, 1994. Bar Matter No, 702. May a lawyer's contractual obligation be enforced by an administrative charge? No. The Supreme Court is not the proper forum for redress of grievances for unfulfilled obligation of a lawyer. (Litigio vs, Dican, 246 SCRA 9) May a lawyer be utilized as a state witness against his client? No. (People vs. Sandiganbayan, 272 SCRA 585) What are the limits of partisan advocacy? ‘A lawyer who is asked to advise his client ... may frecly urge the statement of positions most favorable to the client just as long as there is reasonable basis, for those positions. (ABA Opinion, 314 1965) The lawyer... is not an umpire, but an advo- cate. He is under no duty to refrain from every proper argument in support of any legal point because he is not convinced of its inherent soundness . .. His personal belief in the soundness of his cause or of” 204, Q 205. Q. HAL ETHICS yp suet aR sagt IN UBGal ANI W " ties aupporting it, is irrelevant, mi i the autler’ “al | Opinion I" shin rebounds ofthelaw yer, | Aer ct iocsctn ight ect Bat deat aegis ved HM er ei TONS. Vy ig unwé at 6 CRA TO) nln ine conflicting | tg to determ™ Nan What are the tes! ests? f _ when on behalf of ome ei Conflicting Os, Gury to contest for that yh) it is the attorney requires him to oppose ant ¥ f auty at aash situation will dew whe jcion — whether the acceptan, Incite ent lawyer from the ga scharg® of his duty of undivided fidelity and ly, alty to his lient oF vill invite suspicion of untait, Fanessor double dealing in the performance t Is obtained — whether a lar. a Site tae in bis new relation fo up first client any knowledge acquired iy ployment. (U.S. vs. Larangja, 21 Phi, against the the previous em 500) ‘Ay. Aand ober ofcers of UST Faculty Union er | dismissed by UST as faculty members of said uni versity. Atty. A represented the union when UST | and UST Faculty Union entered into a memoran- | ‘dum of agreement. In the said MOA, the university | entrusted to Atty. A the disbursement of money due the Union. The MOA also charged an amount | as to the attorney's fee of Atty. A, Rule on the cor- | duct of Atty. A. \ | Attorney A was involved in obvious conflict of inter | est when in addition he chose to act as concurrent | lawyer and president of the UST Faculty Union ia | ' QUESTIONS AND ANSWERS IN LEGAL ETHICS 0 forging the compromise agreement. The test of con- flict of interest among lawyers is “whether the ac- ceptance of a new relation will prevent an attorney from the full discharge of his duty of undivided fi- dclity and loyalty to his cliont or invite suspicion of unfaithfulness or double-dealing in the performance thereof.” (Marciano P. Brion, Jr, vs. Francisco Brillantes, Jr, A.C. No, 5305, March 17, 2003)Part lll CASES IN JUDICIAL ETHICS 4. Mere Error not Ground for Administrative Complaing, Facts: _—— Respondent judge was charged with misconduct by i ent case becatuse While the case orig, was only acting on the case in the exercise of its appellate Jurisdiction, the respondent judge issued a Partial writ of ‘execution instead of returning the records to the city court, Ruling: ‘The complaint should be dismissed. The respond. ent judge had committed error in issuing the writ of ex. ‘ecution. The proper remedy is to elevate the matter to the appropriate appellate tribunal, Judges may not be account- able for every erroneous ruling. Mere errors in the appre. ciation of the law may not be visited with a rather severe penalty. (In re: District Judge, Agusan, Adm. Matter 1720, January 13, 1981). 2. Judge Liable for Dismissal for continuing Immoral Rela: tlon after having been previously disciplined for such mis- ‘conduct. Facts: Respondent judge was char, ini | raed for immoral linison with another woman, The respondent judge alleged that CARRS IN JUDICIAL ETTCR 9a this was already the subject matter of a previous adminie. trative complaint in which he was already meted the pens ally of aix (6) months auspenaion without pay. Ruling: Judge dismissed. It appearing that notwithstanding the penalty previously imposed upon him, he continued with his illicit liaison, Respondent judge and his paramour continued to live together aa husband and wife even after he was already suspended for the offense. A judge suffers from moral obtusenoss with his weird notion of morality in public office when he labors under the delusion he can be a judge and at the same time have a mistress in defiance of moral or sense of morality or conduct. The absence of criminal liability does not prec lude disciplinary action by reason of his highly unconven- tional way and censurable behavior. (In re: CFI Judge of Agusan del Norte, Butuan, Adm. Matter 1911, January 31, 1981). Immoral Advances on a Litigant by a Judge Ground for Dismi Facts: Respondent judge was dismissed for lascivious and indecent advances on a litigant. The investigation showed that the litigant was kissed and embraced by the judge in his chambers when the litigant went to the court to plead for the lifting of the writ of attachment issued by the court, Ruling: ‘The Supreme Court ruled that such despicable ac- tion by a judge towards a party litigant deserves severe reprobation, Such misconduct taints the imago of the mem- bors of the Bench in the eyes of the public who would lose faith and trust in the uprightnoas and capacity of judges to be fair and honost with litigonts, (CFT Judge, Agusan Dol Norte, Butuan, Adm, Matter 2300),IN LEGAL AND JUDICIAL ETHICS 4; BARREVIEWE 4. AJudge should not depend on Subordinates to romig * faim of his Deadline. Facts: . ; Respondent judgo wes charged with having decig 90-day period. Judge's defense is thay hg ithin 90 days: em neal ofthe Fecord, eri ‘exhibits from the clerk. The eviden, tenet decision was decided beyond the 80-dey period fixed by the judge himself for considering tho cag Jubmitted for docision, although if counted from the day that ho rocoived the records from his clork this would ty within the 90-day poriod, case beyond the decided tho caso wi Ruling: Judgo admonishod, Tho collation of records, trap. acripta nnd exhibits and the proparation of decision arg tho aolo rosponsibilitios of a judge and should bo finished ‘within 90 days from submission, Tho reglomentary poriod 90 dayx doos not commenco to run only upon expiration of the poriod given to atenographers to completo the tran. acripta bocnuso judgos are directed to take notes of the hoaring. Judges should not rely on subordinate omployoo to remind thom of their deadline, Subordinate employees of tho court are not the guardians of a judge's responsibil. tioa (In re: Adm, Matter 2395, CFI, January 31, 1981), 8 jue could not act on Motions without Proof of Serv. ico. Facta; A municipal judgo was charged with mi arged with misconduct for resolving a motion for reconsideratic it Tera matin reconsideration without prot tsar Ruling: bye ae pial ;Na motion houtd be acted upon of of service o1 i 7 aother wilh copy of the maton oe thereat, te ing the moti ‘ying the motion at least three (3) days bufore the hearing Papors accompe- | CASES IN JUDICIAL ETHICS 95 when the rights of the adverse party will be affected, (In re: Municipal Judge of Makati, Adm, Matter 2036, Janu- ary 31, 1981), Erroneous Acquittal by Judge a Ground for Admonition. Facts: The respondent city judge acquitted the accused in a folsification nao because while he found the questioned document to be falsified he doubted whether the accused wore forgors. A complaint charged him with misconduct for not applying the prosumption the user of the forged document is the forger, Ruling: i ‘The respondent judge was admonished for not study- ing conscientiously the legal rules applicable to the case, Suprome Court anid that even if respondent doubted the ‘accused wus the forger and may not be convicted of falsifi- cation, the accused could have been convicted of the use of f falsified document. (In ro: City Judgo of Baguio, Adm. Mattor 1265, August 6, 1980), ‘One Month Salary Fine for Erroneous Quashal of Crim!- nal Information, Facts: Acomplaint for robbory with frustrated homicide was filod agninst throe persons before rexpondent's court. A motion to quash was filed for two accused who wore still at large and over whom the court had not acquired juris- diction, Respondent judge granted the motion and ordered the police officer to file an amended complaint, at the same time sho recalled the warranta of arrest earlier issued, Ruling: ‘This is an error on tho part of the judge because she had alrendy made a prima facie finding after the prelimi- nary oxamination that a crime had been committed hy the accused who wore at large. Her duty was to hear the said6 exis WER IN LBOALAND IUDICIAL ETHICS, BAe i stigation ang accused at the seven! stage ofthe inveSTERNO ad eg shee, maintain oc Escher toe ae ete nee the records to the derk ofthe Court ~The Supreme Court also found deplor the attitude fm) Seettontjedge when in a motion for the postponemen: | the edministrative investigation with the Court of Fcg Entanee, te respondent judge informed the inquest jus that “justice could be dispensed to a greater number jy poonieding Fi ch the trial of cases in her court than pp ng with the bearing of the above-entitled admin. trative case.” It was further held, while judges are to show more than a cursory acquaintance with elemey. tary rule eovering procedure and preliminary investiz,. tions and well-settled authoritative doctrines. (In re: My. nicipal Judge, Kawit, Cavite, Adm. Matter 1129, Augusy 21, 1960) ‘Amicable settlement betwoen Respondent and Complain. | ant not a Ground to Dismiss Charges. Facts: Respondent municipal judge was accused of miscon- duct for threatening the complainant with a jail term if they do not vacate the land. After the complaint was filed in the Supreme Court amicable settlement agreement was submitted, notwithstanding the recommendation by the investigating judge. The Supreme Court administered se- vere reprimand upon the judge because the execution of | the amicable settlement shows that respondent judge had committed the acts complained of. (In re: Municipal Judge, Adm. Matter No. 107-MJ, Aug. 27, 1980), Holding in Abeyance of Warrant of, it tigation not allowed, Arrest Duo to Raines Facts; allow ng pendent city judge was accused of miseonduct for meantime hel fis igation of a case in his court and in the then therdelten ©, the warrant of arrest in abeyance; and granting a motion to dismiss filed by the 10. ‘CASES IN JUDICLAL ETHICS 2 fiscal. Both the fiscal and the judge were administratively charged. In the case of respondent judge the Supreme Court found it irregular for the judge to grant a motion for reinvestigation by the fiscal on the inconsistent grounds that the accused was not allowed to present evidence and to present newly discovered evidence. The Supreme Court said that it is not a salutary practice, one not sanctioned by the Rules of Court for criminal cases filed in court to be held in abeyance and thereafter for a reinvestigation to follow. As a general rule, this practice should be discour- aged or should not be tolerated because it generates the impression the complainant would be able to fix his case. ‘The judge should have ordered the arrest of respondent; allowed him to post bail; arraign him and hold trial. While the complaint against the judge is dismissed, he is admonished to strive that his conduct be free from impro- priety. A Misuse of the Word “GIMMICK” while not Warranting Censure is Deserving of Admonition. Facts: In a decision acquitting the accused in a rape case, the respondent judge in his decision stated that the filing of a case was resorted to as “gimmick” to show to the pub- lic that a church to which the complainant belongs, helps its members. The church officials charged the respondent judge with misconduct. Ruling: ‘The Supreme Court ruled that the use of the word “gimmick” offends the sensibilities because this word in- dicates lack of sincerity. However, the Supreme Court took note of the fact that not all members of the Bench possess an extensive vocabulary in the English language so that the misuse of a word could not be followed automatically by reprisal or suffer character. Admonition rather than censure is warranted, (In Re: CFI Judge Abra, Adm. Mat- ter 2440, July 25, 1981).44, Seven-Day Salary 412. 13, pave WER NLALASD JUDICIAL ETHICS BAR Fine for Delivering Speech in a Poi, cal Convention. Facts: nea Respondent judge in this case was fined seven.da salary to delivering a speech in a conference of Barang ~ SSptains asking these presen to support the leadership ce barangay captain and a cabinet member. Ruling: ‘The Supreme Court said it was improper or indeco rous for the judge to take part in the political meeting. Hig « fnere presence in the conference i already an endorsement of a candidate. He was therefore engaged in a partisan political activity. (In re: CFT Judge, Laoag, Ilocos Norte, ‘Adm. Matter 2268, July 20, 1981). Fallure to Apply Indeterminate Sentence Law. Judge Li able for Two Months Salary Fine. Facts: Respondent judge was accused of ignorance of thelaw sentencing an accused to. raight penalty of one (1) year and eight (8) months of prision correccional; indemnifica- tion of P1,135.00 with subsidiary imprisonment of 141 days in case of insolvency. Ruling: The Supreme Court found that the - Ct penalty was not in accordance with rt. 38 ofthe subsidiary smprigonment. ubsidiary imprisonment may be imposed only for non Bere of the fine; also the indeterminate sentence law rey ied. The judge admitted his error and consider- mete ee Aa Matar 20,21 190) What Constitutes Rendition of Judgment rf i igment, ‘Two by the Tonal and feed before the agrarian court, on? other by the landlord. Respondent 14. 15. (CASES IN JUDICIAL ETHICS 9 Judge decided the landlord's case within the reglementary period of thirty (30) days but did not deliver it to the clerk of court until its promulgation five (5) months later. Re- spondent judge explained that he wanted to release the decision in the two cases simultaneously. He decided the Scant case beyond the 30-day period also. Is judge li- Ruling: Yes. Filing of decision with the clerk of court is what constitutes rendition of judgment, not the signing thereof. Judge must act with dispatch on their cases. (In re: CAR Judge, Adm. Matter No. 1237-CAR, Aug. 21, 1980). Judge Fined for Detention of Contemnor on Indirect Con- tempt without Hearing. Facts: Judge “P” ordered the imprisonment of complainant as punishment for resisting the enforcement of a writ of execution issued by the judge. Complainant refused to ac- cept the writ because she had filed @ motion for reconsid- eration of the decision. As a result, complainant was de- tained for 22 hours. Ruling: Complainant had only committed indirect contempt and cannot be punished without a hearing. The judge had deprived complainant of her liberty without due process, ‘and liable for a fine of 3 months salary. (See Legaspi vs. Municipal Judge, Adm. Matter 2040-M.S., July 31, 1980). Non-Docketing of Cases Warrants Reprimand. Facts: ‘The respondent municipal judge dockets a complaint and assigns @ case number only ater the completion of preliminary investigation, He was charged with neglect of Guty, Later complainant moved to dismins,xp JUDICIAL BTHICS 1 100 sannsviewen 8 EGR | ue isa violation of Seq, | todocket the e380 6 8 nof See tg ul Toe fae Rules of Natithstanding tee Ba oe, the jude W8S feprimanded and admonished | fe supreme ‘Court (See. ‘Advincula v8. Mun. Judge, ade, | te OPN 1610-.S» SPE 12 1980). | rt 46, Errors in Penalty. , ‘ fa. The judge imposed in one case subsidiary imprison, | The Rhongh he principal penalty was elght yemy atprsion mayor; in another C88e> he imposed an in. determinate sentence of two months and one day ag ‘minimum tofour months of arresto mayor. The judge ‘was a former fiscal. For these blunders, showing ack of familiarity with elementary rule of penalty, judge ‘vas severely censured and fined one month salary (ln re: CFI Judge, Adm. Matter No. 604 CFI, Feb. 2, 1981) | b. Respondent judge imposed straight penalty of prisior am mayor on accused without specifying minimum and maximum. His explanation that itis understood that main isles than six-years and maximum not han twelve years is not satisfactory. Judge is ‘admonished. (Inre: CFI silted judge, Adm. Matter No 155, 17. Denial of Inhibition Upheld, | CFT judge rejected motion to disqualify hit } j , him from hear | ing an atrtcce. enig before the Suprem? ing before the oe that he could not get fair hear | ing befor the julge ease th judge had previously edt eetane property that was to bottled. Judit | to bribe him, Jute” sttempt by petitioner's lawye? rmotion to disuahiy het he heard ovidence on inhibit himself word et it groundless, so that @ mini ena be abandonment of his duty to ad Court denied the nad impartial trial, ‘The Suprer# Petition to disqualify judge by a eo 18. 19. CASES IN JUDICIAL ETHICS 101 5-3, (See Linco, et al. vs, Hon, CFI Judge of Rizal, G.R. No. 65939, May 29, 1981). May a Judge be held administratively liable for rendering an erroneous order or Judgment? No. Certain it is that ajudge may not be held admin- jstratively liable for every erroneous order or decision he renders. To hold otherwise would be to render judicial of- fice untenable, for no one called upon to try the facts or interpret the Taw in the process of administering justice ‘can be infallible in his judgment. While the court will never tolerate or condone any act, conduct or omission that would violate the norm of public accountability of diminish the people's faith in the judiciary, neither will it hesitate to enield those under its employ from unfounded suits that only serves to disrupt rather than promote the orderly ‘administration of justice. (Benito Ang vs. Judge Reinato Quilala, Branch Clerk of Court Zenaida Reyes-Macabeo and Clerk IIT Louie Macabeo, A.M. No, MTJ-03-1476, Feb; ruary 4, 2003) ‘What Is the liability ‘of the Judge who allows her husband, a private practitioner to use the address of her court as his office address? By allowing her husband to use the address of her court in pleadings before other courts, the judge indeed Slowed her husband to ride on her prestige for purposes of advancing his private interest. She is guilty of violating SC Administrative Circular No. 01-99, 9C Circular No. 9-02 and Canon 2, Rule 2.03 of the Code ofthe Judicial Conduct. (Judge Estrellta M, Pans ye Bagar 5. Almarver, A.M. No, 01-12-02 SC, April 4,2008) Is acceptance of a consultancy contract in a GOCC a vio- lation of the prohibition from reappointment imposed on judge In the administrative case? Facts: ‘A complaint for disba rigsed MTC judge for accepting & le ment was filed againat a dis- gal consultancy post CC SEEEEOOS'S TCS SSS~we REVIEWERS UNALAND JUDICIAL ETHICS RAR { i yitity Administration (LY, : we al a eonars aie wah ita Prabibition thoy ye) aay i ‘nary band, instrumentality oF agency gf Prvermanentinchating goverammentowened ad conti en theacceptace therefivre constitutes a iyi } vination of the said onderecisons ims | Yea, The lawyers primary du as enunciated in _Attomeee Outh 3 to uphald the Constitution, abey gt Teves ofthe land and promote recpect for law and Jeg proeesss That duty in its irreducible minimum ent, obedience to the legal orders of the courts, Respondeng, isnbadience to the court order prohibiting his reappai ment to any branch, instrumentality, or agency: of the gon. ernment, induding government-owned oF controlled | porations, cannot be by a legal consultang ora special consultancy contract, By performing duties ang | functions of a contractual employee of LWUA by way ofa | consultancy, and receiving compensation and perqulsing| as such, he displayed acts of open defiance of the Coun}, authority, and a deliberate rejection of his oath as an at | ficer ofthe court. .. Such defiance not only erodes respect for the court but also corrades public confidence in the re of law. (Marviano P. Brion, Jr. vs. Francisco F. Brillantes, Jr, AC No. 8805, March 17, 2003) | Serenity and Ability to Keep One’s Cool Required of | | ‘Because the attorney continued to | | y argue although the Judge announced that the case is submitted, responden | Judge remake Beran kita diyon." (will bx yt | was admonished to strained in his judicial behaviour me CF dodge | Matter No. 1578, Feb, 20, 1981), Harassment of Judges Not Countenanced, CFL A foe the Oa seesed by the local IBP chapter | seal ofPagndian with falsification of 62° | { 23. CASES IN JUDICIAL THUGS 109 ine allowance claim, The City Fi ne . The City Fiscal aubpoonaed and or dering him to subunit his ounteraftiday te without fling it with the Suprome Court; the aubpoona was served in, open court, Tho IBP national president had earlier reftised to support the local chapter noting lack of due process, CFT. Judge sought prohibition, Rulings Prohibition granted, The conduct of City Miacal in allowing himself to be part of a acheme to place jude in contempt and diarepute calle for vigorous condemnation, ‘Under Executive Onder No, 264 (1970), complaints against, Judges should be filed with Suprome Court as department, ond. Whore a judge is the object of complaint that lacks bona fides, and utilized toembarrass and humiliate a moms bor of the judiciary, Supreme Court will intervene, Judi+ cial independence can be eroded by any form of vexation, inconvenience or harassment, especially whon the conduct cof the fiscal is characterized with haste and recklessness, er Fortun vs, City Piseal, ot al, GR, No, L-38383, May 7, 1981), Calling a Party an “Octopus, Dictator” ete,, improper for a Judge. Facts: When complainant filed a motion to disqualify me spondent judge from hearing a civil case, tho latter con= sidered the allegations therein as a slur and as an assault onhis integrity and required the former to show cause why’ he should not be cited for direct contempt, At the hearing of the show cause order, respondent uttered intemperate phrases alluding to complainant as stupid, an octopus, and ‘acrocodile and self-annointed local tyrant. In view thereof, complainant filed an administrative charge against re: apondent alleging improper decorum, misconduct andor committing acts unbecoming of a judge. Respondent de- nied the charges. The Justice of the CA to whom the case was referred for investigation recommended the dismissal of the administrative complaint in view of the dosistance of complainant contained in an affidavit submitted to him,. 1 AALAND JUDICIAL EtHii¢, a eWER IN LEGAL! Ics wos BARREVIEWER! respondent to have departed ¢, ished the latter tg heal decorum admonis ea proper jai ers insulting and undignige nage ¢Royeca vs. Hon. Pres, Judge, 88 SCRA 18 phe SC finding 24, Uso of Car Under Levy- Mate vs. Pres. Judge, Ete, ot al, 90 SCRA 1 Fats: Respondent judge used a car that had beon je, upon on in within his. jurisdiction and mae judgment ereditor at an auction sale, with the intent acquire the car by offering, through his deputy clerg court, to purchase it from the judgment creditor even a) higher price, 4 | | | | ‘The Supreme Court found respondent judge ang. deputy clerk of court guilty of misconduct. However, sing! no serious pecuniary damage appears to have been sup fered by the judgment creditor, who even withdrew hi complaint, the Court considered the penalty of censure y! be adequate. . 25. Use of Falsified Evidence. Serafin vs, Lindayag, 67 SCRA 166 ‘Adm. Matter No. 297-MJ, September 30, 1975 Facts: Despite the fact thatthe criminal i . h complaint for estafs, peeinst complainant did not eharge on its face any crine | wiceenely ested complainant's failure to pay a simple | indebtedness of P1500. showed that the compl saat sporting stata | 1,500.00 borrowed by int was about a simple debt of 26. CASES IN JUDICIAL ETHICS 105 sponding warrant of arrest. By reason thereof, complain- ant filed an administrative complaint against respondent which was endorsed by the executive judge to the Depart- ment of Justice. The latter forwarded the complaint to the Supreme Court, which has administrative supervision over all courts and the power to discipline and dismiss judges under the 1973 Constitution, Referred for further investi- gation, the administrative complaint with its documentary evidence was found to be amply substantiated. The Supreme Court, finding respondent guilty as charged, aggravated by the latter's submission of spuri- ous evidence, ie,, the alleged complaint and the purported notes on preliminary examination to cover up his liability, dismissed respondent from office and directed the endorse- ment of the original and amended complaints to the NBI to determine the genuineness of the signatures and to file the proper criminal proceedings when warranted. Respond- ent dismissed. Compromise After Misappropriation, ‘Sarmiento vs. Cruz, 65 SCRA 289 ‘Adm. Matter No. 306-M4J, July 25, 1975 Facts: Respondent judge was charged with “Serious Profes- sional malpractice, grave misconduct, abuse of functions of his office,” and “highly reprehensible fraud and deceit” perpetrated upon complainant and her father. ‘The investigating judge to whom the complainant was referred found that respondent, taking advantage of the confidence reposed in him by complainant and her family, was able to appropriate for his personal ends the total amount of P35,000.00 belonging to them. A complaint for estafa was filed against respondent judge but a compro- mise was arrived at whereby he executed a real estate mortgage over a parcel of land belonging to him to secure the payment of the amount appropriated, including inter- est.xp JUDICIAL ETHICS wv LEGAL! held that the actuations op Se Con ed serious misconduct. By, sponident J ee ‘hat respondent had fully restored vier Sano ding terest thereon, hi etre | from the bench, his ten-year it is iciary ag! tis present physical condition, the Cour refrained on imposing amore sere mnalty and instead imposed af.) equivalent to ore pondent's salary for six months; the | to be deducted from the of his retirement tex | efits and privileges 27. Ignorance on Jurisdiction. Quizon va. Baltazar, 65 SCRA 233 ‘Adm. Gasa No. 532-WJ, July 25, 1975 Facts: J } | 103 BARREVIEWER | Respondent judge, who is neither a judge of the Ma. | nicipal Court of the city or capital of the province, was | charged with gross ignorance ofthe law for conducting te | preliminary investigation ofa libel case against complain. | ‘ants in violation of RA No. 4363, amending Article 380 af | the Revised Penal Code. It appears that respondent ix | deed conducted the said preliminary investigation notwith. | sanding the now-appearance of complainants counsel ané | terminated che sameinless than an hour without any wri | ten record of the proceeding and thereafter issue a wan | rant of arrest against complainants. | ‘The Supreme Court ruled that respondent judge 3s ! passin pra wabepommunat a ; OSC ssesdg Arak 30 a RPC. which are m9 Ser | ; ie thet there can be no room for douht x / he violated Section The penalty . eas imped 2S PeDSICa without pay for 6 mont’s CASES IN JUDICIAL ETHICS 107 28, Issue on Appeal cannot be basis for Administrative case. Barroso vs. Arche, 67 SCRA 161 Adm. Case No. 216-CFl, September 30, 1975 Facts: Respondent judge dismissed complainant's personal case against the GSIS, complainant appealed from the adverse decision, and thereafter filed an administrative complaint charging the respondent with dishonesty, op- pression, incompetence, inefficiency and neglect of duty. ‘The Investigating Justice in his report, noted that all the issues raised by the complainant in his administrative case are the very errors assigned by him in the appeal earlier filed with the CA and that a ruling on the correctness of complainant's assertions cannot be made because the case is still subjudice. He also reported that no evidence of sig- nificance was adduced during the investigation to show bias or malice in respondent in his decision, that the claim that complainant's case was decided after a lapse of 90 days was without factual basis; and concluded that the complaint was premature and prima facie unmeritorious, ‘The SC ruled that aside from being premature, the filing of the complaint is highly improper, ifnot malicious and intended merely te harass respondent judge. Affidavit of Desistance not Ground for Dismissal of Com plaint. Rogelio Bais vs. Hon, M, Tugacen, 89 SCRA 101 AM. No. 1294-4, March 23, 1979 Facts: Respondent Municipal Judge was administratively hanged fir imnorance of the Inve, abuse of power ad a> thority, and partiality in the administration of justice for having mote proprio and over objection of the prosecution changed the designation of the erime charged from Grave Slander to Slight Slander; allowing the accused to plead SNot Guilty afteran oral denial after hearing, of the com plainant’s motion to dismiss and Tater biting the order ofOO vusgaL ANDJUDICIAL ETHTCS | 103‘ BARREVIEWER < | | 8 vias, as he did, the complai, denil node oS read of mere Sn issuing rr dra Seton 9, again slesofCourt- During the insessige'0N of the Ted an affidavit of desistance, viet Oy, lainant execu! . cones inquest judge recommended dropping of the plaint. The SC held that it will not outrightly dismis, ministrative complaint upon mere affidavit of desist, jence presented and the recorg,. iffon the basis ofthe evid ented a the ease respondent isadministratively iable Tt ruled i the matter of changing the designation of the appropri) crime in an information or complaint is vested in the pry! Geution and not in the trial judge; that to allow the a.) case to led at guilyaflran oral denial after hee ing of the complainant's motion to dismiss and later lining! the order denying the motion in order to dismiss, as ip) did, the complaint is not within the proper bounds of thy! law; and respondent judge displayed suspicious partiliy, in favor of the accused to make up for his error in issuing) ‘a warrant of arrest agninat the accused instead of a mey| summon as prescribed by Rules, a judicial i reprehenaible, Riba nial pera obey Respondent waa fined a month’s i f pay, with a stem warning that a similar act or omission in t] \ be dealt with more soverely, sion tn the futuro wy Non-Transcription of St for Del nDeciion, APN Notes — No Exc Gultante ve. Bant January 28,1960. Aa Matter No, 1639, CF, on soared sean was filed by Martino Guitent | dye Tuy Peel? & Tan, charging respondent, Distrit Flat tt the CHL ot Cagayan de Ore Cis | to decide Civil Case No, 4018 donpite tht | Woxplained that the en How-tranweription of the atenograp ht | 31. 2 CASES IN JUDICIAL ETHICS 109 notes which he had to rely on because the case is compli- cated. Supreme Court ruled that the two reasons interposed by respondent judge, do not constitute a valid defense on his part, Respondent judge is reprimanded and admonished that a repetition of the same offense shall be dealt with more severely. Anonymous Complaints may be Entertalned if Verifiable from Public Records. Facts: Respondent judge was charged in an anonymous com- plaint with having concealed in his personal data sheet criminal record for frustrated homicide. His defense is that this was due to oversight as the criminal case occurred ten years before he prepared the data sheet, which case was dismissed without trial, and that he mentioned this erimi- nal case in the information sheet submitted to the Com- mission on Appointment. Ruling: Complaint dismissed with admonition to respondent tobe more careful in preparing his service and data record, ‘Among the points discussed was the rule on anonymous ‘complaints, The Court said that while as a rule it does not act on anonymous complaints, cases are execpted in which the charge could be fully borne by public records of indubi- table integrity, thus needing no corroboration by evidence to be offered by complainant, whose identity and integrity could hardly be material where the matter involved is of public intereat, (In r@; Anonymous Complaint against Dis- trict Judge of Southern Leyte, 81 SCRA 483), Condonation by Judge's Wife of Husband's Concubinage does not Praclude Dismissal, Facta: Charged with concubinage, respondent municipal judyo admitted tho eharye but raised aw a dofonse the0 33, |NLBGAL AND JUDICIAL ETHICS BAR REVIEWER condonation ofthe wife, and the desistance of compa, ant. Ruling: vai not be ajudge and at the same time hy, a asters ts datianes of the mores and sense of moraliy of the community, Absence of criminal liability does y, preclude disciplinary action. Desistance is not a defens, ‘as the Court may motu proprio investigate a judge for hig continuing, grosely immoral conduct. (Leynes v8, Volos 82 SCRA 325) ° Serious or Grave Misconduct, Defined. Facts: Respondent municipal judge was charged with grave misconduct for alleged non-payment of price of Burma ks. Respondent's defense is that he had paid the debt as shown by complainant's receipt; he also averred hat the matter did not involve the discharge of official luties, Ruling: Complaint dismissed. Misconduct in office is a mis: conduct auch as affects his performance of his dutios as an offer and not only such as affects hia charactor as a pris vate individual, In auch cases, it has been aaid that it ie Tecessary to reparate the character of the man from the ah racial officer; the misconduct, misfeasance or mal foaaan warranting removal must have direct relation to amonateg acted with the performance of official dutioe tray ting either to maladminixtration or willful, inten eons a nl os flare to discharge the duties of the Or action, mntrenslon of somo eatablinhed and dnite rule fee sawn behaviour or grone nogligonce by Public officer; the judicial acta wore corrupt or inspired by an intention to disregard of wellknown ey oo ere pole TSISCRA 107, citing Bu ‘Ti In re: Horilleno, «Shi. 212) 34 35. CASES IN JUDICIAL ETHICS mm Respectful Request Roepeatil for a Judge to Inhibit Himself is not Facts: Counsel for the accused asked the Presiding Jud to inhibit himself from trying the criminal action ecate the accused was a principal witness in a criminal com- plaint filed against the Presiding Judge. Counsel was cited and punished for direct contempt, and sentenced to 10 days imprisonment, Held: ‘The motion to inhibit contains no disrespectful lan- ‘guage or phrase containing offensive personalities against tho respondent judge, What is stated in the motion is sim- ply a motion for the judge to inhibit himself from further trying the criminal casos because he believed the judge could no longer decide the case with impartiality because of a criminal complaint against the judge. (Delima va, Gallardo, 77 SCRA 286). Prosocutor who was appointed District Judge may not be chargod for actuations as prosecutor where Chiof Executive Dismissed Charges, Facts; Respondent judgo, when he warstill a prosocitor, was charged with misconduct for the handling of the prelimi nary investigation of a charge of falsification against com plainant. The administrative charge was recommended for dinminaal by the Svcrotary of Justice and the President of © the Philippines later dismisned the charges, Bofore he wai notified of this presidential action, respondent was Ap= pointod Dintriet Judge, and the aaalatant chief alate prom ecutor indorsed the case to the Supreme Court, Ruling: "Phore in no Togal and fretwal avis for the Court to (ake disciplinary action againat the respondent judge, The Suprome Court about not review the Presidential action oxcnorating hin, (Galangl va, Mav BLSCRA ML)AND JUDICIAL ETHICS m2 Negligence not Serious Misco, ug i 5 to | 36. Aberrations Due 5 i ent a ere mm -falschoed in EP on ar teed de | of falsehood in PoP ye salaries, committed due tp) enabled itm ete reliance on his ome compl ‘ ligence, carelessness OF faith, cannot a lgence, crm of aie oF bad faith, canMOt be clog = if as a serious misconduet in office. Facts: ‘Thecomplainant, who was plaintiff in cases Nos, and 383 for forcible entry in the Municipal Cour, Bautista, Pangasinan, charged the municipal judge thers, with falsely certifying (on two occasions) that all petit a pnd motions which had been submitted to him for dete, mination in the aforesaid cases had been determined him within ninety (90) days from the date of their rospeg. | tive gubmission, thus enabling him to collect his salary Matters allegedly not acted upon in the complaints for fer. | ible entry were petitions for the issuance of writs of pre liminary injunetion to enjoin the defendants therein from | further committing acts of dispossession against the com. | plainants, and a motion praying that during the pendeng | of the hearing thereof the crops harvested from the land, in question in Civil Case 362 he deposited with the near | est bonded warehouse and sold at the prevailing prices. _ The respondent alleged, in defense, that he denied the injunction in open court and that he deferred resolu tion on the motion with respect to the deposit of the har ronal crops but et written order had been issued by ‘or the reason that his court was not yet a court df fend The Supreme Court agreed with the Investigating oar reser ‘unicipal Court of Bautista was already @ ove i the time and that whil e respondent prop cay ection n tis aon with respect to the har , , he committe chood in preparing The Court held oth sislement we eee malice or bad fait # however, that since the aforesaid fal ne aberration that was not due to the respondent's negligence 37. 38. CASES IN JUDICIAL ETHICS ns reliance upon his employ ; yee, it peras bond ee be classified as a Respondent municipal judge was exonerated of the charges but admonished to act with due care in executing his certificates of service. (Guevarra Vda. de Lapena vs. Collado, Adm. Matter No. 480-MJ, March 22, 1977). Failure of a Judge to Inhibit Himself in a Case Involving his Nephew Violation of Judicial Ethics. Facts: A nephew of a City Judge was among those charged for illegal gambling before his court. The ease was later dismissed upon motion of the fiscal. When charged with misfeasance by the barangay captain, the judge’s plea was that nobody objected to his hearing the case; that he was informed that the fiscal would reinvestigate the case; that if'assigned to another judge, it would take several months to dispose of, that the dismissal was not premised on the fact that one of the accused is his nephew. Ruling: ‘The failure of the judge to inhibit himself is a viola- tion of See. 1, Rule 137 of the Rules of Court which is in- tended to file the courts from any suspicion of bias and prejudice. As the judge had been held liable administra- tively in two other previous eases, the Supreme Court im- posed a fine equivalent to three months salary. (Rivera vs. City Judge of Gingoog City, Adm. Matter No. 2003-CTJ, Feb, 28, 1980). Roforral to Tenancy Determination to Secrotary of Agrar- ian Reform is not Professional Incompetence of the Judge. Facts: Respondent C.A.R, Judge was charged with profes co or grave abuse for referring to the ian Roform the preliminary determina~ hhip between plaintiff Bongco and de- sional incompet Secretary of Agr: tion of the relations!aus 39, en i208 ANDJUDICIAL ETHICS | pan RENIN F jainant Bongco averrey Cruz. Com the land fendant Pr ade Oa tne casein flan, nt referral shuld De 1 4 not when the cA66 is filed by fhe gecnent ea pio lied dha injunction he jg lessee. Here, Ju . woes whe. DAR. certified that ses G against the CTUSPO sverred that 7 DAR, fing 1s not & ¥ yurte re aot binding on the 0" Ruling: perc emiagod aa the assailed judicial act, Charges dimisetpired by an intention to ‘ion or insp! \ appear becom ent disregard of well-know, jt * the law, oF foes erapi, A Matter No. 1804-048 Feb, 28,1980). inst the Provincial Board may ny ‘Contempt of the Court of First jn, Gontumacious Act Ag! be Punished as Direct stance, Facts: wat Because he refused to subscribe to an oath before th Provincial Béard as he had not received the charges againg him, Daniel Calangi was charged with contempt before thy | * TPUGAO CFL. He was declared in direct contempt of the | Provincial Board in session, and sentenced to ten (10) days | imprisonment by respondent judge. Having been detained, | he filed a Motion for Reconsideration and for provisional release under bond, but this was denied by respondert | Judge. Calang charged the judge for gross ignorance the law, unwarranted detention and violation of his ca. stitutional rights. » Ruling: | ‘The contumacious act of Galang having been com mitted before the Provincial Board, and beyond the pe ception of the Judge, the act is only indirect contempt. The | respondent judge had shown earelessness, and lack ofc cs nso in peremptorily sentencing complainant tote2 me days imprisoument ‘without hearing and due process | ty of one month salary fine is imposed. (Calangi © ‘Men Abad, Adm. Matter No. 699.CFI, Feb, 28, 1980). “40. a. CASES IN JUDICIAL ETHICS 16 Ex-Parte Hearing Justified In the Absence of Oppositor. Misconduct in Office — To justify a charge of miscon- duct, itis required that there be a showing of “a transgres- sion of some established and definite rule of action, more particularly, unlawful behaviour or gross negligence by the public officer." (Buenaventura va. Benedicto, Adm. Case No. 137-J, March 27, 1971, This doctrine goes back to In re: Horrilleno, 43 Phil. 212 [1922] per Malcolm, J), Facts: , _ Respondent judge was charged with “deliberate mis- carriage of justice” for rendering a decision in an applica- tion for registration of land without any hearing, His ex- planation, borne out by the records of the case, disclosed that in view of the absence of any oppositor, an ex parte presentation of evidence actually took place and was com- pleted before the clerk of court who was commissioned to receive the same and that after reception and assessment thereof, he promulgated the questioned decision and or- dered the issuance of a decree. “The acting judicial consultant, invoking the ruling in Pawaki vs. Malik, Adm. Matter No. 6-MJ, November 28, 1975, to the effect that if evidence is lacking to substanti- ate the complaint, a respondent judge cannot be held li- able, recommended the dismissal of the charges. ‘The Supreme Court agreed with the conclusion reached and found the respondent judge to have acted in compliance with the procedure set forth by law and in ac- cordance with the high standard demanded by judicial eth- ies. Administrative charge dismissed. (Lim vs. Salvador, ‘Adm. Matter No. 1426-CFI, February 28, 1977). Error of Judgment not an Unjust Decision. ‘An Administrative case filed against a city judge on ‘ground of having knowingly rendered an unjust decision, bias and ignorance of the law will be dismissed where it appears that what was involved was more an error of judg ment than a case of actual partiality or deliberate malice.