LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 LEGAL ETHICS – is a branch of moral science, which treats of the duties which an attorney owes to the court, to the client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special laws.
Original Bases of Legal Ethics: 1. Canons of Professional Ethics 2. Supreme court Decisions 3. Statistics 4. Constitution 5. Treatises and publications Present Basis of the Philippine Legal System: Code of Professional Responsibility. BAR Refers to the whole body of attorneys and counselors, collectively the members of the legal profession
V. BENCH denotes the whole body of judges

Practice of Law – any activity, in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of service, which or devise or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210). Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who are licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities, and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729). Attorney in fact – an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer. Counsel de Oficio – a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the province and good repute for probity and ability, to defend the accused. Sec. 7, Rule 116, Rules of Court. Attorney ad hoc – a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factor’s of Traders Insurance Cp., 33 La.Ann.209) Attorney of Record - one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds, Cal.2d580).


Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (5 Am. Jur. 261). Lead Counsel – The counsel on their side of a litigated action who is charged with the principal management and direction of a party’s case. House Counsel – Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Bar Association – an association of members of the legal profession. Advocate – The general and popular name for a lawyer who pleads on behalf of someone else. Barrister (England) – a person entitled to practice law as an advocate or counsel in superior court. Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado - it means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law.

The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides: Sec. 5. The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under privileged. The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit candidates to the legal profession. The Bar Examination Committee: • Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar. • The 8 members act as examiners for the 8 bar subjects with one subject assigned to each. • The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court. • Admission of examinees is always subject to the final approval of the court.


The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient administration of justice. (In Re: Argosino, 1997). Requirements for admission to the Bar: 1. citizen of the Philippines 2. at least 21 years old 3. of good moral character 4. Philippine resident 5. Production before the supreme court satisfactory evidence of: a. good moral character b. no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one's good standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998) Academic Requirements for Candidates: 1. a bachelor’s degree in arts and sciences (pre-law course) 2. a completed course in: a. civil law b. commercial law c. remedial law d. public international law e. private international law f. political law g. labor and social legislation h. medial jurisprudence i. taxation j. legal ethics Non-lawyers who may be authorized to appear in court: 1. Cases before the MTC: Party to the litigation, in person OR through an agent or friend or appointed by him for that purpose (Sec. 34, Rule 138, RRC) 2. Before any other court: Party to the litigation, in person (Ibid.) 3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available: the judge may appoint a non-lawyer who is: a. resident of the province b. of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC). 4. Legal Aid Program - A senior law student, who is enrolled in a recognized law school’s clinical education program approved by the supreme Court may appear before any court without compensation, to represent indigent clients, accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school. 5. Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if

Government prosecutors (People v. I will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein. No. RRC) .” (Form 28. with all good fidelity as well to the court as to my clients. PO 442. 1987 Constitution) 6. 8 (2nd par). RRC). a retired justice or judge receiving pension from the government. 2. Under the Local Government Code (RA 7160. VI. 2259.4 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 a. they shall not: a. or instrumentality of the government is the adverse party. Sec. 6. 14. President. appear as counsel before any court in any civil case wherein a local government unit or any office. 1987 Constitution). city and municipal mayors (R. 90). their deputies and assistants (Art. as amended). or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. I will do no falsehood. 91) Sanggunian members may practice their professions provided that if they are members of the Bar. 1. d. cannot act as counsel in any civil case in which the Government. members of the cabinet. IX. 2. and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. Sec. c. Under RA 910. Sec.) 3. false or unlawful suit. I will not willingly nor wittingly promote or sue any groundless.A. use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government. a non-lawyer can represent a claimant before the Cadastral Court (Act no. 3. Those prohibited by special law PUBLIC OFFICIALS WITH RESTRICTIONS IN THE PRACTICE OF LAW 1. Public Officials who cannot engage in the private practice of Law in the Philippines: 1. 35. __________________. I will delay no man for money or malice. VIII Sec. Sec. Judges and other officials as employees of the Supreme Court (Rule 148. 8. Officials and employees of the OSG (Ibid. 2. or if b. they represent themselves. No Senator as member of the House of Representative may personally appear as counsel before any court of justice as before the Electoral Tribunals. 9). collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official. as amended. agency. All governors. Under the Cadastral Act. 1987 Constitution) 7. Sec. 14 SCRA 109). 5. Sec. Members of the Constitutional Commission (Art IX-A. Ombudsman and his deputies (Art. Villanueva. b. and will conduct myself as a lawyer according to the best of my knowledge and discretion. as quasi-judicial and other administration bodies (Art. they represent their organization or members thereof (Art 222. 15. Sec. or give aid nor consent to the same. 4. 7160. do solemnly swear that I will maintain allegiance to the Republic of the Philippines. Sec. So help me God. Vice-President. nor consent to the doing of any in court. appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. ATTORNEY’S OATH “I. 1987 Constitution).

(In Re: Argosino. Calis. to counsel or maintain such actions or proceedings only as appear to him as just. to observe and maintain the respect due to the courts of justice and judicial officers. but a sacred trust that must be upheld and kept inviolable. to the end that no person may be deprived of life or liberty. Cuevas. not to encourage either the commencement or the continuance of an action or proceeding. i. and at every peril to himself. drift and hollow. or delay any man's cause for any corrupt motive or interest. to present every defense that the law permits. the cause of the defenseless or oppressed. d. f. regardless of his personal opinion as to the guilt of the accused. to maintain inviolate the confidence. in the defense of a person accused of a crime. . to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness. In Re: Arthur M.5 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Nature of Lawyer's Oath • The lawyer's oath is not mere facile words. 1998). never to reject. b. Every lawyer should at all times weigh his actions according to the sworn promises he made when taking the lawyer's oath. CODE OF PROFESSIONAL RESPONSIBILITY CHAPTER 1 LAWYER AND SOCIETY CANON 1 – A lawyer shall uphold the constitution. for any consideration personal to himself. by all fair and honorable means. and such defenses only as he believes to be honestly debatable under the laws. 1997. c. to preserve the secrets of his client. obey the laws of the land and promote respect for law and for legal processes • Duties of Attorneys: a. but by due process of law. such means only as are consistent with truth and honor. h. and to accept no compensation in connection with his client's business except from him or with his knowledge and approval. (Sebastian vs. to employ. unless required by the justice of the cause with which he is charged. g. 1999) • It is NOT a mere ceremony or formality for practicing law. for the purpose of maintaining the causes confided to him. e. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.

it is his burden/duty to advise the latter to acquiesce and submit. Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them. he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit. bribery c.01 – A lawyer shall not engage in unlawful. for any corrupt motive or interest. Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. Immoral Conduct: that conduct which is willful. • • • • • • • • • • • • • If a lawyer finds that his client’s cause is defenseless.This is a human standard based on natural moral law which is embodied in man’s conscience and which guides him to do good and avoid evil. Rule 1. Moral Turpitude: any thing that is done contrary to justice. it is a WILLFUL.6 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Rule 1. 1998) Rule 1. immoral or deceitful conduct. modesty or good morals. The law violated need not be a penal law.04 – A lawyer shall encourage his clients to avoid. rather than traverse the incontrovertible. dishonest.02 – A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. relationship or trust makes it his duty to do so. estafa b. 106 SCRA 591). . Temper client’s propensity to litigate. smuggling g. or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga vs. except in rare cases where the blood. encourage any suit or proceeding or delay any man’s cause. “Moral Turpitude” – everything which is done contrary to justice. flagrant. Maniwag. abduction f.03 – A lawyer shall not. • Conviction for crimes involving moral turpitude – a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: a. Should not be an instigator of controversy but a mediator for concord and conciliator for compromise. falsification of public documents Morality as understood in law . murder d. (Narag vs. end or settle the controversy if it will admit of a fair settlement. honesty. Rule 1. Narag. A lawyer has the obligation not to encourage suits. Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. honesty. Barratry – offense of frequently exciting and stirring up quarrels and suits. modesty or good morals. either at law or otherwise. seduction e. This is so as to prevent barratry and ambulance chasing. Until a statute shall have been construed and interpreted by competent adjudication.

a. domination or excessive use of authority. Rule 2. 4. a relation to colleagues at the bar characterized by candor. the name of the law firm which he is connected with. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. telephone number and the special branch of law practiced. weakness. are allowed. address. ignorance or other similar reasons. 5. 2. and all other self-laudation. even if a lawyer does not accept a case. duty of service. firm name or office address. Advertisements or announcement in any legal publication. and legal magazines. associates. he shall not refuse to render legal advise to the person concerned if only to the extent necessary to safeguard latter’s rights. the importance of the lawyer's position. integrity and reliability. Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. .03 – a lawyer shall not do or permit to be done any act designed primarily to solicit legal business. a relation as an ‘officer of court’ to the administration of justice involving thorough sincerity. It may contain only a statement of his name. Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment. Rule 2. in a manner consistent with the standards of conduct imposed by the canons. is not objectionable. 3. b. such as furnishing or inspiring newspaper comments. a relation to clients in the highest degree of fiduciary. • • Rule on Advertisements • General Rule: No advertisements allowed. c. A simple announcement of the opening of a law firm or of changes in the partnership. fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients. Reputable law lists. being for the convenience of the profession. the magnitude of the interest involved. journals. of which the emolument is a by product. d.7 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s).02 – In such a case. integrity and effectiveness of the profession. except for valid reasons. and in which one may attain the highest eminence without making such money. Ordinary simple professional Card. CANON 2 – A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence. of brief biographical and informative data. or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct. • Exceptions/ Permissible advertisements: 1. including books.01 – A lawyer shall not reject. the cause of the defenseless or oppressed. Defenseless – not in the position to defend themselves due to poverty. Oppressed – victims of acts of cruelty. • Primary characteristics which distinguish the legal profession from business. unlawful exaction. Rule 2.

01 is unethical. Rule 3. • Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress.01 – A lawyer shall not use or permit the use of any false. Rule: Refrain from charging rates lower than the customary rates. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communication that said partner is deceased. no false. fair dignified and objective information or statement of facts.8 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Rule 2. . fraudulent. Death of a partner does not extinguish attorney-client relationship with the law firm. CANON 4 – A lawyer shall participate in the improvement of the legal system by initiating or supporting efforts in law reform and in the administration of justice. co-lawyers. Valid Justification: relatives. too poor • CANON 3 – A lawyer in making known is legal services shall use only true. support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating information regarding the law and jurisprudence. • • • It is unethical to use the name of a foreign firm. Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e. Rule 3. publicity to attract legal business. Submission for decision on the evidence so far presented. But in case where lawyer is confronted with an emergency and prompt/urgent action is necessary to protect clients interest and there’s no opportunity for consultation. self-auditory or unfair statement or claim regarding his qualifications or legal services.g. unless circumstances so warrant. misleading. misleading. or in return for. Rule 3. deceptive. the lawyer may compromise. CANON 5 – A lawyer shall keep abreast of legal developments.03 – Where a partner accepts public office. Negligence of a member in the law firm is negligence of the firm. or assumed name shall be used. honest.04 – A lawyer shall not charge rates lower than those customarily or prescribed. Rule 3. Petitions with the Supreme Court for the amendment of the Rules of Court. participate in continuing legal education programs. • Violation of Rule 3. whether done by him personally or through another with his permission. undignified.02 – In the choice of a firm name. just because his attorney’s fees were not provided for in the agreement. • • A lawyer cannot delay the approval of a compromise agreement entered into between parties. he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. Rule: A lawyer cannot compromise the case without client’s consent (special authority).04 – A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of.

CANON 6 – These canons shall apply to lawyers in government service in the discharge of their official tasks. The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: a. commitment to democracy h. justness and sincerity d. • • Public Officials – include elective and appointive officials and employees.9 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Objectives of integration of the Bar • To elevate the standards of the legal profession • To improve the administration of justice • To enable the Bar to discharge its responsibility more effectively.02 – A lawyer in the government service shall not use his public position to promote or advance his private interest.03 – A lawyer shall not. nor allow the latter to interfere with his public duties. RA 6713). Rule 6. including military and police personnel.01 – The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The three-fold obligation of a lawyer • First. 3 (d) RA 3019 as amended and Sec. whether or not they receive compensation. retirement b. resignation c. he owes it to the lay public to make the law a part of their social consciousness. whether in the career or non-career service. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause of disciplinary action. responsiveness to the public f. he owes it to himself to continue improving his knowledge of the laws. • Various ways a government lawyer leaves government service: a. (Sec. 3 (b). expiration of the term of office d. • Second. dismissal e. 4. after leaving government service. nationalism and patriotism g. RA 6713 • . commitment to public interest b. RA 6713) Rule 6. regardless of amount. • Third. professionalism c. accept engagements or employment in connection with any matter in which he had intervened while in said service. abandonment Q: What are the pertinent statutory provisions regarding this Rule? A: Sec. Rule 6. simple living (Sec. he owes it to his profession to take an active interest in the maintenance of high standards of legal education. 7 (b). political neutrality e. permanent or temporary.

02 – A lawyer shall not support application for admission to the bar by any person known to him or be unqualified in respect to character. In addition to acts or omission of public officers already penalized by existing law. CHAPTER II THE LAWYER AND THE LEGAL PROFESSION CANON 7 – A lawyer shall at all times uphold the integrity and dignity of the legal profession. own. . Rule 7. IF he finds no legal basis to sustain the conviction. former employer. in which case the one year prohibition shall likewise apply. Rule 7.g. behave in a scandalous manner to the discredit of the legal profession. provided that such practice will not conflict or tend to conflict with their official functions. PNB) The OSG is not authorized to represent a public official at any state of a criminal case. • Upright character. or separation from public office. • • • • • Lawyers in the government service are prohibited to engage in the private practice of their profession unless authorized by the constitution or law. or other relevant attribute. in connection with his application for admission to the bar. Corrupt practice of Public Officers. Includes restriction is representing conflicting interest (e. trustee or nominee in any private enterprise regulated. Misconduct in office as a public official may be a ground for disciplinary action (if of such character as to affect his qualification as lawyer or to show moral delinquency). Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts: 1. the following shall constitute corrupt practice of any public officer and are hereby declared to be unlawful: (d) accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after termination. whether in public or private life.01 – A lawyer shall be answerable for knowingly making false statements or suppressing a material fact. education. control. These prohibitions shall continue to apply for a period of one (1) year after resignation. except in the case of subparagraph (b) (2) above.10 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Sec 3. counsel. supervised or licensed by their office unless expressly allowed by law. broker. employee. nor should he. Rule 7. but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with. manage or accept employment as officer.03 – A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law. and support the activities of the integrated bar. Accepting engagements vs. not mere absence of bad character. consultant. retirement. agent. Should recommend the acquittal of the accused whose conviction is on appeal.

Lawyer may however interview any witness or prospective witness for the opposing side. to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. Avoid scandalous conduct. Where a lawyer or law firm includes non-lawyer employees in a retirement plan. unfounded accusations or intemperate words tending to obstruct. upon the latter’s death. Rule 9. • • • • Lawyer shall not negotiate with the opposite party who is represented by a counsel. Lawyer should deal only with counsel.01 – A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. Rule 8. Want of intention: not an excuse for the disrespectful language used. Rule 8. CANON 9 – A lawyer shall not directly or indirectly assist in the unauthorized practice of law. abusive and abrasive language. money shall be paid over a reasonable period of time to his estate or to the persons specified in the agreement. even if there’s a fair agreement. fairness and candor towards his professional colleagues.02 – A lawyer shall not. use language which is abusive. and shall avoid harassing tactics against opposing counsel. with a partner or associate that . encroach upon the professional employment of another lawyer. it is the right of any lawyer without fear or favor. not only required to refrain from adulterous relationships or the keeping of mistress but must also behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards.01 – A lawyer shall not. • . or c. • • • It is the duty of a lawyer to inform the SC or the IBP of such malpractice to the end that the malpractitioner be properly disciplined. Limitation: avoid influencing witness in recital and conduct. offensive personalities. in his professional dealings. except: a. Neither should lawyer attempt to interview the opposite party and question him as to the facts of the case even if the adverse party is willing to do so. is not a lawyer 2. offensive or otherwise improper. is disbarred 3. unless licensed by the SC. CANON 8 – A lawyer shall conduct himself with courtesy. or b. A lawyer cannot delegate his authority without client’s consent even to a qualified person.02 – A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. foreign lawyer. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer. directly or indirectly. It merely extenuates liability. Where there is a pre-existing agreement. has been suspended from the practice of law 4. embarrass or influence the court in administering justice. Not to use in pleadings and in practice the following: disrespectful. however.11 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • A lawyer must at all times conduct himself properly as not to put into question his fitness to practice law. A lawyer must not take as partner or associate one who: 1. even if the plan is based in whole or in part of a profit sharing arrangements. Rule 9.

encashing check payable to a deceased cousin by signing the latter’s name on the check c. Rule 10.03 – A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. alleging in one pleading that the clients were mere lessees and in another pleading that the same clients were owners e.01 – A lawyer shall appear in court properly attired. nor shall he mislead or allow the court to be mislead by any artifice. Lawyer’s duty to the court: a. or the text of a decision of authority. stating in the Deed of Sale that property is free from all liens and encumbrances when not so b. use of fictitious residence certificate j. • • Judge-lawyer relationship: based on independence and self-respect. filing false charges on groundless suits g. • • A lawyer may NOT wear outlandish or colorful clothing to court. As an officer of the court and in order to maintain the dignity and respectability of the legal profession. citing a repealed or amended provision l. using in pleadings the IBP number of another lawyer h. or assert as a fact that which has not been approved. fairness. Rule 10. the language or the argument of opposing counsel. not both) is enough to warrant a citing for contempt. misquotation/misrepresentation k. falsifying a power of attorney and using it in collecting the money due to the principal d.12 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 CHAPTER III THE LAWYER AND THE COURTS CANON 10 – A Lawyer owes candor. Any deviation from the commonly accepted norm of dressing in court (barong or tie. truth and candor c. or knowingly cite as law a provision already rendered inoperative by repeal or amendment. a lawyer who appears in court must be properly attired. no attempt to influence courts Cases of falsehood: a.02 – A lawyer shall not knowingly misquote or misrepresent the contents of the paper. asserting a fact not proved m. slight typo mistake: not sufficient to place him in contempt • CANON 11 – A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. . Rule 10. Consequently. presenting falsified documents in court which he knows to be false f. unsolicited appearances i. fairness and good faith to the court. the court can hold a lawyer IN CONTEMPT of court if he does not appear in proper attire. nor consent to the doing of any in court. respect and loyalty b. verbatim reproductions down to the last word and punctuation mark n. Rule 11.01 – A lawyer shall not do any falsehood.

05 – A lawyer shall submit grievances against a judge to the proper authorities already. Lawyers must be courageous enough to expose arbitrariness and injustice of courts and judges.03 – A lawyer shall abstain from scandalous. or menacing language or behavior before the courts. the evidence he will adduce and the order of its preference. The public duties of the attorney take precedence over his private duties. Rule 11.02 – A lawyer shall punctually appear at court hearings. Must exert efforts that others (including clients. • • Newly hired counsel: must acquaint himself with all the antecedent proceedings and processes that have transpired in the record prior to his takeover. CANON 12 – A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. It amounts to misconduct which subjects the lawyer to disciplinary action. He occupies a quasi-judicial office with a tripartite obligation to the courts. offensive. Lawyer can demand that the misbehavior of a judge be put on record. Criticisms of courts must not spill the walls of decency. A mere disclaimer of any intentional disrespect by appellant is not a ground for exoneration. or Congress (for impeachment of SC judges only). • • Forum shopping – omission to disclose pendency of appeal or prior dismissal of his case by a court of concurrent jurisdiction. Ombudsman.04 – A lawyer shall not attribute to a judge motives not supported by the record or having no materiality to the case. • • • • • • • • • • A lawyer is an officer of the court. A lawyer may submit grievances against judges in the Supreme Court. He cannot escape responsibility by claiming that his words did not mean what any reader must have understood them to mean. He should also be ready with the original documents for comparison with the copies. Forum shopping exists when as a result of an adverse opinion in one forum: . His first duty is to the courts. Rule 11. If presenting documentary exhibits. Lawyers must be respectful not only in actions but also in the use of language whether in oral arguments or in pleadings. Rule 12. Rule 11.02 – A lawyer shall not file multiple actions arising from the same cause. His intent must be determined by a fair interpretation of the languages employed by him. Where duties to the courts conflict with his duties to his clients.13 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Rule 11. Rule 12. witnesses) shall deal with the courts and judicial officers with respect. Intemperate and unfair criticism is a gross violation of the duty to respect the courts. Obedience to court orders and processes.01 – A lawyer shall not appear for trial unless he has adequately prepared himself with the law and the facts of his case. to the public and to his clients. he must be ready with the originals for the purpose of comparison with copies thereof. the latter must yield to the former. There is a wide difference between fair criticism and abuse and slander of courts and judges.

06 – A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. in cases where his testimony is essential to the ends of justice. vs. But a witness must answer to the fact of his previous final conviction for an offense. not to be examined except only as to matters pertinent to the issue. opinion (other than by appeal or certiorari) in another.08 – A lawyer shall avoid testifying in behalf of his client. Rights and obligations of a witness . • • The most important factor in determining the existence of forum-shopping is the VEXATION caused the courts and party-litigants by a party who asks different courts to rule on the same related causes. 3. although his answer may tend to establish a claim against him. . nor to give answer which will tend to degrade his reputation. not to be detained longer than the interest of justice requires. Sec.03 – A lawyer shall not. or 5. not to give any answer which will tend to subject him to a penalty for an offense unless otherwise provided by law. in which event he must. such as the mailing. while the witness is still under examination. (Rule 132. during his testimony. on the gamble that one or the other would make a favorable disposition (Benguet Electric Corp. Flores. improper. RRC) Rule 12. after obtaining extensions of time to file pleadings. 3.a witness must answer questions. on substantial matters. on formal matters. CANON 13 – A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence. let the period lapse without submitting the same or offering an explanation for his failure to do so. impede the execution of a judgment or misuse court processes. entrust the trial of the case to another counsel. 2. memoranda or briefs. browbeat or harass a witness nor needlessly inconvenience him. However.14 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 a.04 – A lawyer shall not unduly delay a case. a party seeks favorable when he institutes two or more actions or proceedings grounded on the same cause. or insulting questions and from harsh or insulting demeanor. except: a. March 12. unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. • Asking for extension of time must be in good faith. authentication or custody of an instrument and the like: b. Rule 12.07 – A lawyer shall not abuse. Rule 12. Rule 12. Rule 12. Rule 12. Forum shopping constitutes DIRECT CONTEMPT of court and may subject the offending lawyer to disciplinary action.05 – A lawyer shall refrain from talking to his witness during a break or recess in the trial. 287 SCRA 449. to be protected from irrelevant. 1998). 4. or gives the appearance of influencing the court. it is the right of a witness: 1. or b. asking the same relief.

nor seek opportunity for. Test when public statement is contemptuous: The character of the act done and its direct tendency to prevent and obstruct the discharge of official duty. not reject cause of defenseless and oppressed f. He is not in position to carry out the work effectively and competently. Discussing cases with the judge privately should be avoided. not simply that they might be. except for serious and sufficient cause.15 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Rule 13. fairness and loyalty g.03 – A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. an appointment as counsel de oficio or as amicus curae or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. hold in trust money or property h. Rule 14.04 – A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.03 – A lawyer may refuse to accept representation of a client if: a. there must be an allegation and proof that the judges have been unduly influenced. CHAPTER IV THE LAWYER AND THE CLIENT CANON 14 – A Lawyer shall not refuse his services to the needy.01 – A lawyer shall not decline to represent a person solely on account of the latter’s race. To warrant a finding of “prejudicial publicity”. b. Rule 13. maintain inviolate the confidence of the client c.02 – A lawyer shall not decline.01 – A lawyer shall not extend extraordinary attention or hospitality to. Rule 13. respond with zeal to the cause of the client Appointment of Amicus Curae • . sex. Rule 14. Rule 14. by the “barrage” of publicity. • Duties to Client: a.02 – A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. • • • • • The judge has the corresponding duty not to convey or permit others to convey the impression that they are in a special position to influence the judge. cultivating familiarity with judges. undivided loyalty e. disclose all circumstances/interest regarding the controversy d. Rule 14. He labors under conflict of interest between him and the prospective client or between a present client and the prospective client. candor. Lawyer is equally guilty as the client if he induces the latter to cause the publicity. creed or status of life. owe utmost learning and ability b. or because of his own opinion regarding the guilt of said person.

representation of conflicting interest may be allowed where the parties consent to the representation after full disclosure of facts. Communication made by client to lawyer in the course of lawyer’s professional employment c.02 – A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.01 – A lawyer in conferring with a prospective client. 1996) Exceptions: 1. Atty. to the disadvantage of the client. This is applicable to students under the Student Practice Law Program Rule 15. (Regala vs. fairness and loyalty in all his dealings and transactions with his client. by application to the judge b. (Nakpil vs. Rule on Revealing Client's Identity • General Rule: A lawyer may not invoke privilege communication to refuse revealing a client’s identity. Rules of Court) When communication is not privileged: a. September 20. When by divulging such identity. • • • . Sandiganbayan.16 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 a. Sec. no right to interfere with or control the condition of the record. The proscription against representation of conflicting interest finds application where the conflicting interest arises with respect to the same general matter and is applicable however slight such adverse interest may be. Rule on Conflicting Interest It is generally the rule based on sound public policy that an attorney cannot represent adverse interest.-client relationship (or a kind of consultancy relationship with a prospective client b. • Requisites of Privileged Communication: a. it would implicate the client to that same controversy for which the lawyer's services were required. shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest. the rule of ethics prohibits him from voluntarily revealing or using to his benefit or to that of a third person. 21(b). the said communication unless the client consents thereto. It is highly improper to represent both sides of an issue. The disclosure of such identity will provide for the only link in order to convict the accused. However. no control over the suit Cannot refuse on the ground of insufficient of compensation or lack of it • CANON 15 – A lawyer shall observe candor. 2. Rule 15. It would open client to civil liability 3. the government has no case. communication intended by the client to be sent to a third person through his counsel (it loses its confidential character as soon as it reaches the hands of third person) Even if the communication is unprivileged. and if so. 286 SCRA 758). shall forthwith inform the prospective client. It applies although the attorney's intention and motives were honest and he acted in good faith. Valdez. after pleading has been filed b. Rule 15. Communication is intended to be confidential (see Rule 130. the judge on his own initiative may invite the lawyer c.03 – A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. otherwise. 262 SCRA 122.

02 – A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. and may apply such finds to the satisfaction thereof.04 – A lawyer may. Rule 15. when advising his client. (Tiana vs.07 – A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Rule 16.A lawyer shall not state nor imply that he is able to influence any public official. Rule 16.06 . A careful investigation and examination of the facts must first be had before any legal opinion be given by the lawyer to the client. • • Lawyers should refrain from giving any advice unless they have obtained sufficient understanding of their client’s cause. documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid. CANON 16 – A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.17 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • • General Rule: An attorney cannot represent adverse interest.01 – A lawyer shall account for all money or property collected or received for or from the client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for the Rules of Court.an attorney shall have a lien upon the funds. act as mediator. entirely separate and apart from the latter. To avoid breach of legal ethics. However. Ocampo) Rule 15. Exception: Where the parties consent to the representation after full disclosure of facts. neither overstating nor understating the prospects of the case. in which is engaged in concurrently with the practice of law. tribunal or legislative body. Rule 15. from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the .03 – A lawyer shall deliver the funds and property of his client when due or upon demand. a lawyer should keep any business. giving notice promptly thereafter to his client.05 – A lawyer. shall give a candid and honest opinion on the merits and probable results of the client’s case. He shall also have a lien to the same extent upon all judgements for the payment of money. Rule 16.08 – A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. conciliator or arbitrator in settling disputes. and executions issued in pursuance of such judgements which he has secured in a litigation of his client. Rule 15. Attorneys’ Liens . with the written consent of all concerned. he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements. Rule 15. The TEST in determining Conflicting Interest: The test is whether or not the acceptance of a new relation will prevent an attorney from the full discharge of his duty of individual fidelity and loyalty to his client or invite suspicion of unfaithfulness in double-dealing in the performance thereof.

CANON 18 – A lawyer shall serve his client with competence and diligence. with the consent of his client. A lawyer must keep himself constantly abreast with the trend of authoritative pronouncements and developments in all branches of law. Rule 138. he can obtain as collaborating counsel a lawyer who is competent on the matter. he may render such service if. Rule 18. Rule 18.04 – A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice. It is the duty of the lawyer at the time of retainer to disclose to the client all the circumstances of his relations to the parties and any interest in. (Sec. Rule 18. Failure to deliver upon demand gives rise to the presumption that he has misappropriated the funds for his own use to the prejudice of the client and in violation of the trust reposed in him. Neither shall a lawyer lend money to a client except. The lawyer owes loyalty to his client even after the relation of attorney and client has terminated. • • • • • • Attorney’s lien is not an excuse for non-rendition of accounting Cannot disburse client’s money to client’s creditors without authority.01 – A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. Rule 18. the controversy which might influence the client in the selection of counsel. Notify client if retaining lien shall be implemented When a lawyer enforces a charging lien against his client. There must be extraordinary diligence in prosecution or defense of his client’s cause. • • • No fear of judicial disfavor or public popularity should restrain him from full discharge of his duty. or issuing such execution. he has to advance necessary expenses in the legal matter he is handling for the client.04 – A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client’s request for information.04 is to prevent the lawyer from taking advantage of his influence over the client or to avoid acquiring a financial interest in the outcome of the case. RRC) Rule 16. The principle behind Rule 16. CANON 17 – A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. • • • Competence: sufficiency of lawyer’s qualification to deal with the matter in question and includes knowledge and skill and the ability to use them effectively in the interest of the client.03 – A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable.18 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 court rendering such judgement. However. when in the interest of justice. or connection with.02 – A lawyer shall not handle any legal matter without adequate preparation. and shall have caused written notice thereof to be delivered to his client and to the adverse party. . 37. It is not good practice to permit him afterwards to defend in another case other persons against his former client under the pretext that the case is distinct from and independent of the former case. and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his fees and disbursements. the client-lawyer relationship is terminated.

The importance of the subject matter.02 – A lawyer who has received information that his client has. d. The probability of losing other employment as a result of acceptance of the proffered case. a fixed fee computed by the number of hours spent e. perpetuated a fraud upon a person or tribunal. participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. • Kinds of Payment which may be stipulated upon: a. whether occasional or established. The novelty and difficulty of the questions involved. f. c. Negative pregnant is improper since it is an ambiguous pleading (improper if in bad faith and the purpose is to confuse the other party) In defense: present every defense the law permits. i. a contingent fee that is conditioned to the securing of a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis c. he is not answerable for every error or mistake. CANON 20 – A lawyer shall charge only fair and reasonable fees. g. Rule 19. Lawyer should do his best efforts to restrain and to prevent his clients from perpetrating acts which he himself ought not to do. The amount involved in the controversy and the benefits resulting to the client from the services. The professional standing of the lawyer. nor present a false witness. shall promptly call upon the client to rectify the same. • • • • General Rule: Negligence binds client Exception: Reckless imprudence (deprives client of due process) Results in outright deprivation of one’s property through technicality Must not present in evidence any document known to be false. CANON 19 – A lawyer shall represent his client with zeal within the bounds of the law.01 – A lawyer shall be guided by the following factors in determining his fees: a. The time spent and the extent of the services rendered or required. and j. Rule 20.01 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present. But lawyer shall not volunteer the information about the client’s commission of fraud to anyone – counter to duty to maintain client’s confidence and secrets. Rule 19. The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs. and will be protected as long as he acts honestly and in good faith to the best of his skill and knowledge.03 – A lawyer shall not allow his client to dictate the procedure in handling the case. a fixed fee based on a piece of work . withdraw. in the course of the representation. Or else. The skill demanded. Rule 19. The contingency or certainty of compensation. The character of the employment. e. h. a fixed fee payable per appearance d. a fixed or absolute fee which is payable regardless of the result of the case b.19 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • If a lawyer errs like any other human being. and failing which he ha to terminate the relationship with such client in accordance with the Rules of Court. Lawyer is not an insurer of the result in a case where he is engaged in the counsel. b.

Ordinary attorney's fee .20 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • Attorney's Fees a. A petition for attorney's fees may be filed before the judgment in favor of the client is satisfied or the proceeds thereof delivered to the client. Rule 20. Special Retainer . be entitled to a division of fees in proportion to the work performed and responsibility assumed. injustice or fraud. It may be asserted either in the very action in which the services of a lawyer had been rendered or in a separate action. costs. Extraordinary attorney's fee . unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof. When lawyer and client disregard the contract for attorney’s fees.03 – A lawyer shall not. b.an indemnity for damages ordered by the court to be paid by the losing party in litigation. accept any fee. b.04 – A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition. the determination of the courts will be premature. The basis for this compensation is the fact of his employment by and his agreement with the client. in cases of referral. there is no express contract for payment of attorney’s fees agreed upon between the lawyer and the client. and is payable NOT to the lawyer but to the client.the reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter. when although there is a formal contract for attorney’s fees. The basis for this is any of the cases provided for by law where such award can be made. but recoverable by him from his client. b. with the consent of the client. When the contract for attorney’s fees is void due to purely formal matters or defects of execution d. was not able to finish the case to its conclusion e. Otherwise. • • • . c. General Retainer or Retaining Fee – it is the fee paid to a lawyer to secure his future services as general counsel for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal action. commission. interest. When the counsel. The determination as to the propriety of the fees or as to the amount thereof will have to be held in abeyance until the main case from which the lawyer's claim for attorney's fees may arise has become final. rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client.it means "as much as he deserves". the stipulated fees are found unconscionable or unreasonable by the court. reward. such as those authorized in Article 2208 of the Civil Code. Rule 20. Rule 20. Skill: length of practice is not a safe criterion of professional ability.that is a fee for a specific case or service rendered by the lawyer for a client Quantum Meruit . Quantum Meruit is resorted to where: a.02 – A lawyer shall. without the full knowledge and consent of the client. and is used as the basis for determining the lawyer's professional fees in the absence of a contract. • How attorney's fees may be claimed by the lawyer: 1. • Kinds of Retainer Agreements on Attorney’s fees: a. for justifiable cause. 2. 3.

An attorney cannot. A lawyer has 2 options. When necessary to collect his fees or to defend himself. if the legal services rendered do not call for much efforts there is no justification for the award of high fees. the same must be disallowed on appeal. When required by law. CANON 21 – A lawyer shall preserve the confidences and secrets of his client even after the attorney-client relation is terminated. In a separate civil action. Sec. When counsel cannot recover full amount despite written contract for attorneys’ fees: a. nor can an attorney’s secretary. stenographer. his employees or associates or by judicial action. justified dismissal of attorney (payment: in quantum meruit only) The reason for the award of attorney’s fees must be stated in the text of the decision. Even though the interest or property involved is of considerable value. In same case: Enforce attorney’s fees by filing an appropriate motion or petition as an incident to the main action where he rendered legal services. Judicial action to recover attorney’s fees: a. if it is stated only in the dispositive portion of the decision. or clerk be examined. Rule 21. • • • • Confidence – refers to information protected by the attorney-client privilege (RRC) Secret – refers to other information gained in the professional relationship that the client has regulated to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client.21 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • • • • • • • • Unauthorized counsel: Not entitled to attorney’s fees. A lawyer should try to settle amicably any differences on the subject. without the consent of the client and his employees.01 – A lawyer shall not reveal the confidences or secrets of his client except: a. or his advice given thereon in the course of professional employment. Champertous Contracts (void) – Lawyer stipulates with his client that in the prosecution of the case. good morals. without the consent of his client. otherwise. When authorized by the client after acquainting him of the consequences of the disclosure: b. RRC) The mere establishment of a client-lawyer relationship does not raise a presumption of confidentiality. Stipulation regarding payments of attorney’s fees is not illegal/immoral and is enforceable as the law between the parties provided such stipulation does not contravene law. concerning any fact the knowledge of which has been acquired in such capacity (Rule 130. b. c. etc. Division of fees is only for division of service or responsibility. There must be an intent or that the communication relayed by the client to the lawyer be treated as confidential. 21 (b). When he withdraws before the case is finished b. . be examined as to any communication made by the client to him. he will bear all the expenses for the recovery of things or property being claimed by the client and the latter agrees to pay the former a portion of the thing/property recovered as compensation. Compensation to an attorney for merely recommending another lawyer is improper (agents) Attorney’s fees for legal services shared or divided to non-lawyer is prohibited.

from disclosing or using confidences or secrets of the client. Art. shall be imposed upon any attorney at law or solicitor who. Revelation of secrets. or a fine ranging from P200 to P1000. by any malicious break of professional duty as inexcusable negligence or ignorance. without the consent of his first client (Rule 209. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling. communication involves the commission of future fraud or crime but crimes/frauds “already committed” falls within the privilege.01 – A lawyer may withdraw his services in any of the following cases: a. or client is living somewhere under an assumed name c. or reveal any of the secrets of the latter learned by him in his professional capacity. without the written consent of his client. Rule 21. Rule 21. or having received confidential information from said client in a case. Rule 21. The same penalty shall be imposed upon an attorney at law or solicitor who. announcements of intention of a client to commit a crime b. or both. In addition to the proper administrative action. bookkeeping. When the client insists that the lawyer pursue conduct violative of these canons and rules. client jumped bail and lawyer knows his whereabouts.22 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • When properly authorized after having been fully informed of the consequences to reveal his confidences/secrets.05 – A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him. RPC) General Rule: Obligation to keep secrets covers only lawful purposes Exceptions: a. Rule 21. When his inability to work with co-counsel will not promote the best interest of the client. b. use information acquired in the course of employment. statistical. then there is a valid waiver. accounting. nor shall he use the same to his own advantage or that of a third person. Betrayal of Trust by an Attorney or Solicitor. c. unless the client with full knowledge of the circumstances consents thereto. having undertaken the defense of a client. Rule 22. shall undertake the defense of the opposing party in the same case. shall prejudice his client. 209.02 – A lawyer shall not.07 – A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest. data processing. • • • • Avoid committing calculated indiscretion – accidental revelation of secrets obtained in his professional employment. Rule 21. CANON 22 – A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances. or any other similar purposes.03 – A lawyer shall not. to the disadvantage of his client.04 – A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. the penalty of prision correccional in its minimum period.06 – A lawyer shall avoid indiscreet conversation about a client’s affairs even with members of his family. even if the prospective client did not thereafter actually engage the lawyer. Prohibition applies. . Rule 21. give information from his files to an outside agency seeking such information for auditing.

written consent of client c. if the consent of the attorney to be substituted cannot be obtained. Counsel has no right to presume that the court would grand his withdrawal and therefore must still appear on the date of hearing. for the relation does not terminate formally until there is a withdrawal of record. written application b. WHEN LIEN TAKES EFFECT 5. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively. It is a special lien. immediately turn over all papers and property to which the client is entitled. NATURE 2. . written consent of attorney to be substituted d. APPLICABILITY • • • In withdrawal as counsel for a client. documents. there must be at least a proof of notice that the motion for substitution has been served upon him. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement. It is a general lien Lawful possession of papers. COVERAGE 4. RETAINING LIEN Passive Lien: It cannot be actively enforced. NOTICE 6. Securing of a favorable money judgment for the client.23 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 d. Other similar cases Rule 22. in which event the attorney should see to it that the name of the new attorney is recorded in the case. including all information necessary for the proper handling of the matter. BASIS 3. property belonging to client.02 – A lawyer who withdraws or is discharged shall subject to a retaining lien. and shall cooperate with his successor in the orderly transfer of the matter. it is exercisable only when the attorney had already secured a favorable judgment for his client 1. and g. e. f. As soon as the claim for attorney’s fees had been entered into the records of the case Client and adverse party must be notified to make it effective Generally. Covers only papers. CHARGING LIEN Active Lien: It can be enforced by execution. Requirements for the Substitution of Counsel in a Case: a. An attorney who could not get the written consent of his client must make an application to the court. documents and property in the lawful possession of the attorney by reason of his professional employment As soon as the attorney gets possession of the papers documents or property Client need not be notified to make it effective May be exercised before judgment or execution or regardless thereof. in the manner prescribed by the rules. When the lawyer is elected or appointed to a public office. Covers all judgments for the payment of money and executions issued in pursuance of such judgments. an attorney may only retire from a case either by written consent of his client or by permission of the court after due notice and hearing.

obstruct.any conduct directed against the authority or dignity of the court. c. violation of communication privilege e. Prejudicing client through malicious breach of professional duty Revealing client's secrets Representing adverse interests Introducing false evidence Misappropriating client's funds (estafa) • Contempt of Court a. d. Civil. In similar cases. Client is prejudiced by lawyer's negligence or misconduct Breach of fiduciary obligation Civil liability to third persons Libelous words in pleadings. e. client conducts himself in a manner which tends to degrade his attorney.one committed away from the court involving disobedience of or resistance to a lawful writ.failure to do something ordered by the court which is for the benefit of a party. Misleading the court or obstructing justice 6. • LIABILITIES OF LAWYERS • Civil Liability a. Liability for costs of suit (treble costs) . Kinds of Contempt: 1. disrespectful language in pleadings 5. d. Publication tending to degrade the court. process. Indirect . interrupt or embarrass the court. Publication concerning pending litigation 4. b. b.when lawyer is made liable for insisting on client's patently unmeritorious case or interposing appeal merely to delay litigation • Criminal Liability a. 4.consists of misbehavior in the presence of or so near a court or judge as to interrupt or obstruct the proceedings before the court or the administration of justice. c. Unlawful retention of client's funds . no compensation when: a. Acts Constituting Contempt: 1. client stops having contact with him. 2. b. punished summarily. client refuses to extend cooperation. Disobedience 3. The right of a client to terminate a lawyer is absolute. or tending to belittle. degrade. c. Direct . Misbehavior 2. 3. Such termination may be with or without cause. Belligerent attitude 8. Unauthorized practice of law 7. order. Criminal . judgment or command of the court. b.24 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • A lawyer cannot recover compensation from one who did not employ or authorize his employment. however valuable the results of his services may have been to such person.

Burden of Proof: Rests on the COMPLAINANT. violation of oath of office. Neither a civil nor criminal proceedings. Investigation by the Solicitor-General g. 3. motu proprio. to protect the public Characteristics of Disbarment Proceedings: 1. RRC) Procedure for Disbarment a. the one who instituted the suit • Officers authorized to investigate Disbarment cases: • • • . to punish the lawyer. Quantum of Proof Required: CLEAR. 7. Institution either by: 1. upon verified complaint by any person b. Submission of investigative report to the IBP Board of Governors. conviction of a crime involving moral turpitude. the IBP. d. grossly immoral conduct. 4. malpractice or other gross misconduct in office. It constitutes due process. It can be initiated without a complaint. 3. corrupt or willful appearance as attorney for a party to case without authority to do so (Sec. e. It can be initiated motu propio by the SC or IBP. It is imprescriptible. to remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney. deceit. Board of Governors decides within 30 days. c. 4. the Supreme Court. Investigation by the National Grievance Investigators. or 3. to compel the attorney to deal fairly and honestly with his clients. 2. f. Grounds for Disbarment or Suspension: 1. 6. SC renders final decision for disbarment/suspension/dismissal. It can proceed regardless of the interest of the lack thereof on the part of the complainant. 27. Six copies of the verified complaint shall be filed with the Secretary of the IBP or Secretary of any of its chapter and shall be forwarded to the IBP Board of Governors. CONVINCING & SATISFACTORY evidence. 5. 4. Double jeopardy cannot be availed of in a disbarment proceeding. 2. or 2.25 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 ADMINISTRATIVE LIABILITIES OF LAWYERS • Main Objectives of Disbarment and Suspension: 1. 3. 5. to set an example or a warning for the other members of the bar. 7. 6. willful disobedience of any lawful order of a superior court. motu proprio. Conducted confidentially. 2. 6. Rule 138. 5. to safeguard the administration of justice from incompetent and dishonest lawyers.

2035. 2046) . malpractice on the part of the lawyer and may be disciplined for misconduct b. 1491. Inexperience of the lawyer (Munoz v. 1491 is missing JUDICIAL ETHICS • Sources of Judicial Ethics: 1. administrators 4. Gan. 82 SCRA 294) a. Art IX and Art III) 3. New Civil Code (Articles 9. 35. agents 3. CA. the property or interest of the client must be in litigation c. any of the 4 elements of Art. guardians. those specially disqualified by law (Rubias vs. Ferrer. This prohibition is entirely independent of fraud and such need not be alleged or proven. Age (Lantos v. the attorney takes part as counsel in the case d. Effects: a. even at a public or judicial auction. 53 SCRA 190) 5. 243) 2. 739. General Rule: A lawyer may not purchase. public officers and employees 5. 27. property is acquired by lawyer through a contingent fee arrangement b. the attorney by himself or through another purchases such property or interest during the pendency of the litigation. 2005. IBP through its Commission on Bar Discipline or authorized investigator 3. Lack of Intention to slight or offend the Court (Rhum of the Philippines. 53 SCRA 190) 3. judicial officers and employees 6. Supreme Court 2. in person or through the mediation of another. transaction is null and void Exceptions: a. Good faith in the acquisition of a property of the client subject of litigation (In re: Ruste. 20 SCRA 441). Constitution (Art VIII. v. 20. prosecuting attorneys and lawyers (Art 1491. Batilles. SPECIAL DISABILITIES OF LAWYERS The following persons are prohibited from acquiring property under litigation by reason of the relation of trust or their peculiar control either directly or indirectly and even at a public or judicial auction: 1. Code of Judicial Conduct 2. any property or interest involved in any litigation in which he may take part by virtue of his profession. 32. Laig vs. 70 Phil. there must be an attorney-client relationship b. 196 SCRA 16) 4. NCC) 7. Inc. 2. People. Apology (Munoz v. Office of the Solicitor General • Mitigating Circumstances in Disbarment: 1. 31 SCRA 120) • • • Elements of Article 1491 (Civil Code. People.26 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1.

Should also appear impartial. Canons of Judicial Ethics (Adm. competent and independent judiciary exists to administer justice and thus promote the unity of the country. fairness and honesty Should not relax in his study of the law and court decisions. Natural born citizen of the Philippines. Code of Professional Responsibility 9. Judiciary Reorganization Act of 1930 (BP129) 11.03 – A judge should be vigilant against any attempt to subvert the independence of the judiciary and resist any pressure from whatever source.27 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 4. 207) 6. Should not be swayed by public clamor or considerations of personal popularity Must decide motions without delay. VIII. 64 OG 3189) Judge – a public officer who. is clothed with judicial authority. 162) 8. Other Statutes 15. 137. Judiciary Act of 1948 (RA 296) 10. • • • • • • Judges should avoid even the slightest infraction of the law. 205. integrity. and the well being of the people. and independence. Supreme Court Decisions 12. . the stability of government. • CODE OF JUDICIAL CONDUCT PREAMBLE An honorable. Art. 135. SC Circulars • • • • Court – a board or other tribunal which decides a litigation or contest (Hidalgo v.01 – A judge should be the embodiment of competence. Must have been at least for 15 years. a judge of a lower court or engaged in the practice of law (Sec 7(2). 3. 140) 5. 206. At least 40 years of age. but is exercising the office of a judge under some color of right. CANON 1. qualified and whose term has not expired. Qualification of Supreme Court Members: 1. Rule 1. De Jure Judge – one who is exercising the office of judge as a matter of right. Opinions of authorities 14. Rule 1. 2. De Facto Judge – an officer who is not fully vested with all the powers and duties conceded to judges. by virtue of his office. 1987 Constitution).02 – A judge should administer justice impartially and without delay. Revised Penal Code (Articles 204. Must be models of uprightness.A judge should uphold the integrity and independence of the judiciary Rule 1. and officer of a court who has been duly and legally appointed. a public officer lawfully appointed to decide litigated questions in accordance with law. Foreign Decisions 13. Anti-Graft and Corrupt Practices Act (RA 3019) 7. 139B. Revised Rules of Court (Rules 71. Order No. Manglapus.

• A judge must be beyond suspicion. attentive. He should not create the impression that someone or some people are so close to him to enjoy his favor. • A judge is prohibited from making public statements in the media regarding a pending case so as not to arouse public opinion for or against a party (violates the Principle of Subjudice) • Judges must not use or permit the use of any undignified/self-laudatory statement regarding their qualifications or legal services. wholly free. • • Finding of facts must be based not on the personal knowledge of the judge but upon the evidence presented. The prestige of judicial office shall not be used or lent to advance the private interests of others. nor convey or permit others to convey the impression that they are in a special position to influence the judge. nonetheless. to litigants. a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interest.01 – A judge shall be faithful to the law and maintain professional competence.A judge should perform official duties honestly. and with impartiality and diligence ADJUDICATIVE RESPONSIBILITIES Rule 3.03 – A judge shall maintain order and proper decorum in the courts. • Every litigant is entitled to nothing short of the cold neutrality of an independent. A judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts. instead of the courts for the litigants.04 – A judge shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court of administrative agency. • A judge must be temperate in his language and must not lose his cool. and courteous to lawyers. witnesses.03 – A judge shall not allow family. Rule 2. • Judge should be conversant with the law and its amendments. and others appearing before the court. and also as to his integrity.04 – A judge should be patient. Rule 2. Rule 3.28 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 CANON 2 – A judge should avoid impropriety and the appearance of impropriety in all activities Rule 2. • A judge must not allow anyone to ride on his prestige. especially the inexperienced. He has the duty not only to render a just and impartial decision but also to render it in such a manner as to be free from any suspicion as to its fairness and impartiality. If the personal view of the judge contradicts the applicable doctrine promulgated by the Supreme Court. he should decide the case in accordance with that doctrine and not in accordance with his personal views. or other relationships to influence judicial conduct or judgment. Rule 3. social. He is however not prohibited from stating his own opinion on the matter if he wants to invite constructive attention thereto.02 – A judge should not seek publicity for personal vainglory. . Rule 3.01 – A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary. public opinion or fear of criticism. Rule 2.02 – In every case. disinterested and impartial tribunal. CANON 3 .

guardians.08 – A judge should diligently discharge administrative responsibilities. • • • • • • • Ascertain that the records of all cases are properly kept and managed. Unless otherwise allowed by law. Rule 3. appellate court enjoins judge from further proceeding. and require at all times the observance of high standards of public service and fidelity. . prevent waste of time or clear up some obscurity. • • Judge should take notes and rely on transcripts. but the power to dismiss court employees is vested in the Supreme Court. should not make insulting remarks. the judge has personal knowledge of disputed evidentiary facts concerning the proceeding. avoiding nepotism. ADMINISTRATIVE RESPONSIBILITIES Rule 3. and favoritism. and facilitate the performance of the administrative functions of other judges and court personnel. Maintain a checklist on the cases submitted for decision with a view to know exactly the specific deadlines for the resolution/decision of the said cases. Rule 3. Judge has the power to appoint. These cases include. Loss of records: gross negligence Should be a good manager. shall be guilty of unlawful appointment punishable with imprisonment and fine (Art 244.09 – A judge should organize and supervise the court personnel to ensure the prompt and efficient dispatch of business. trustees. properly intervene in the presentation of evidence during the trial. Rule 3. receivers. proceedings where. it should always be borne in mind that undue interference may prevent the proper presentation of the cause of the ascertainment of the truth. the same criteria should be observed in recommending appointment of court personnel. it should be reasonable and commensurate with the fair value of services rendered.05 – A judge shall dispose of the court’s business promptly and decide cases within the required periods. a. Rule 3. to promote justice. Rule 3.29 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 • • Conduct of trial must not be attended with fanfare and publicity. He is excused for delay on grounds of multifarious motions.07 – A judge should abstain from making public comments on any pending or impending case and should require similar restraint on the part of court personnel. RPC).11 – A judge should appoint commissioners.10 – A judge should take or inititate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware. Where the payment of compensation is allowed. among others. heavy caseload. administrators and others strictly on the basis of merit and qualifications. Rule 3.06 – While a judge may. If knowingly nominate or appoint to any public office any person lacking the legal qualification therefor. maintain professional competence in court managements. not permit pictures or broadcasting.12 – A judge should take no part in proceeding where the judge’s impartiality might reasonably be questioned. Judge is not excused if stenographer is overloaded. May not summarily suspend a lawyer for indirect contempt. DISQUALIFICATIONS Rule 3. Must use temperate language.

the judge knows that the judge’s spouse or child has a financial interest. the legal system or the administration of justice and otherwise consult with them on matters concerning the administration of justice. Remedy: seek new trial. CIVIC AND CHARITABLE ACTIVITIES . the judge may then participate in the proceeding. • • • Decision to engage in these activities depends upon the sound judgement of the judge. administrator. based on such disclosure. VOCATIONAL. b. the legal system or the administration of justice. shall be incorporated in the record of the proceeding. the ultimate test: is whether or not the complaint was deprived of a fair and impartial trial. In every instance the judge shall indicate the legal reason for inhibition. If a judge denies petition for disqualification. can’t be raised first time on appeal. serve on any organization devoted to the improvement of the law. CANON 5 – A judge should regulate extra-judicial activities to minimize the risk of conflict with judicial activities. signed by all parties and lawyers. or the judge or lawyer was a material witness therein.12 may. guardian. If a judge has time to spare. • • Petition to disqualify judge must be filed before rendition of judgment by the judge.30 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 b. the legal system and the administration of justice. instead of withdrawing from the proceeding. the parties and lawyers independently of the judge’s participation. or otherwise. the legal system and the administration of justice. all agree in writing that the reason for the inhibition is immaterial or insubstantial. he must concentrate on his judicial duties. as heir. the judge served as executor. the judge is related by consanguinity or affinity to a party litigant within the 6th degree or to counsel within the 4th degree.01 – A judge may. the best attitude to take is to participate in activities which are closely related to the performance of his duties and which do not consume much of his time and energy. The agreement. Rule 4. e. legatee. appear at a public hearing before a legislative or executive body on matters concerning the law. fiduciary. to the extent that the following activities do not impair the performance of judicial duties or case doubt on the judge’s impartiality: a. trustee or lawyer in the case or matters in controversy. c. engage in activities to improve the law. or any other interest that could be substantially affected by the outcome of the proceeding. REMITTAL OF DISQUALIFICATION Rule 3. write. in the subject matter in controversy or in a party to the proceeding. the judge’s ruling in a lower court is subject of review d. CANON 4 – A judge may. disclose on the record the basis of disqualification. or a former associate of the judge served as counsel during their association. with due regard to official duties. lecture. teach or participate in activities concerning the law. c. If. speak.13 – A judge disqualified by the terms of Rule 3. creditor. If has not enough time to spare (such as when caseload is too heavy) prudence dictates.

• If they opt to engage in such activities. Rule 5. religious. a judge may hold and manage investments but should not serve as an officer. or increase involvements with lawyers or persons likely to come before the court. advisor. b. manager. Possession of prohibited interest by a public officer. Art 216. or contract or transaction in connection with which here intervenes or takes part in his official capacity or in which he is prohibited by the Constitution or by any law from having any interest. charitable. or civic organization. The penalty of arresto mayor in its medium period to prision correccional in its minimum period. trustee. shall be imposed upon a public officer who directly and indirectly. d. The penalty of prision correccional in its minimum period or a fine ranging from P200 to P1000 or both. shall not accept a gift. favor or loan from anyone except as may be allowed by law.05 – No information acquired in a judicial capacity shall be used or disclosed by a judge in any financial dealing or for any other purpose not related to judicial activities. fraternal. c. they must learn how to manage their time in such manner that their judicial responsibilities do not falter and suffer. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification.02 – A judge shall refrain from financial and business dealings that tends to reflect adversely on the court’s impartiality. interfere with the proper performance of judicial activities. immediate member of the family. engage in the arts. Rule 5. • Sec 3. or non-legal advisor of a non-profit or non-political. or a fine ranging from P200 to P1000. or both. the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: XXX (h) Directly or indirectly having financial or pecuniary interest in any business. Prohibited Transaction. In addition to acts or omissions of public officers already penalized by existing law. shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. educational. Exception (AGCPA): Unsolicited gifts or presents of small value offered or given as a mere ordinary token of gratitude or friendship according to local custom or usage. director. director. or employee of any business except as director of a family business of the judge. 3(h). teach and speak on non-legal subjects. RA 3019) General Rule: Avoid taking or receiving loans from litigants. Corrupt practices of public officers. • • FIDUCIARY ACTIVITIES . lecture.04 – A judge or any. and other special recreational activities. shall become interested in any contract or business which it is his official duty to intervene. write. during his incumbency. • Prohibitions under the Revised Penal Code: Art 215. bequest.01 – A judge may engage in the following activities provided that they do not interfere with the performance of judicial duties or detract from the dignity of the courts: a. participate in civic and charitable activities. (Sec. Rule 5.31 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Rule 5. sports.03 – Subject to the provisions of the proceeding rule. FINANCIAL ACTIVITIES Rule 5. shall be imposed upon any appointive public officer who. serve as an officer.

or person of a member of the immediate family and then only if such service will not interfere with the proper performance of judicial duties.07 – A judge shall not engage in the private practice of law. or other fiduciary. all notarial fees on account of the government and certification attesting to lack of any lawyer or Notary Public. Retirement.06 – A judge should not serve as the execution administrator. For damages: rendering/neglecting to decide a case causing loss to a party. except for the estate. a judge shall not make political speeches. As a family fiduciary. and giving of legal advice to clients or persons needing the same. Exception: “Notaries public ex-oficio” .02 to 5. • • • An administrative case against a judge is not necessarily dismissed by the withdrawal by or desistance of the complainant.08 – A judge shall make full financial disclosure as required by law. POLITICAL ACTIVITIES Rule 5. Willful or negligent rendition of a decision which causes damages to another c. violates or in any manner impedes or impairs the civil rights. Unless prohibited by the Constitution or law. defeats.may engage only in notarization of documents connected with the exercise of their official functions. a judge shall not: serve in proceedings that might come before the court of said judge. “member of immediate family” shall be limited to the spouse and relatives within the second degree of consanguinity. Provided. Civil Liabilities Re Official Functions: a. trustee. EXTRA-JUDICIAL APPOINTMENTS Rule 5. Not engage in notarial work. obstructs. But to avoid suspicion of political partisanship. PRACTICE OF LAW AND OTHER PROFESSION Rule 5. publicly endorse candidates for political office or participate in other partisan political activities.32 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Rule 5.10 – A judge is entitled to entertain personal views on political questions. Civil Code Disabilities: • . contribute to party funds. shall take effect on 20 October 1989. promulgated on 5 September 1989. b. • • • Includes preparation of pleadings or papers in anticipation of litigation. the amount of personal and family expenses and the amount of income tax is paid for the next preceding calendar year. trust. a judge may engage in the practice of any other profession provided that such practice will not conflict or tend to conflict with judicial functions. Sworn statement of assets and liabilities including statement of amounts and services of income. or act as such contrary to Rule 5. b. COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT All judges shall strictly comply with this code DATE OF EFFECTIVITY This code. FINANCIAL DISCLOSURE Rule 5.05 a.09 – A judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions. guardian. resignation or promotion of a judge does not necessarily render moot and academic all the cases against him.

b. in the execution of: 1. that the officer is a judge. But… while in a technical sense. Bottomries 3. that the offender is a judge. that he renders judgment in a case submitted to him for decision 3. vessels or boats: 1. 2. letters of attorney d. 4. that the judgment is unjust. To receive proof or acknowledgment of all writings relating to commerce. Judgment Rendered Through Negligence (Art. such as a. the judge knows that his judgment is unjust. Mortgages 4. affidavits 2. nor will it apply when the litigation is already finished. To administer all oaths and affirmations provided for by law: a. the judge may not have acquired the property in litigation in a case before him. other documents requiring an oath 2. Bills of Exchange 2. land/buildings or interest therein: . Cannot serve as officers or advisers of political groups. 4. • • • CRIMINAL LIABILITIES OF JUDGES • Malfeasance under the RPC: a. that he renders judgment in a case submitted to him for decision. RPC) The elements are: 1.33 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 Rule: Can’t purchase properties subject of litigation is his court. b. Notaries Public • Powers and Duties of a Notary Public Section 241 of the Revised Administrative Act enumerates the General Powers of a Notary Public: 1. 204. Exception: Does not apply where the subject property was not acquired from any of the parties to the case. Taking advantage of his position to boost his candidacy amounts to gross misconduct. that the judgment is manifestly unjust. 3. 205. Hypothecations b. RPC) The elements are: 1. nevertheless. Donations made to a judge by reason of his office are void. charter parties or affreightments c. Knowingly Rendering Unjust Judgment (Art. depositions 3. that is due to his inexcusable negligence or ignorance. it is improper for him to have done so under the canons of judicial ethics. 2. ships. in all matters incident to his notarial office.

3 • • Extent of Jurisdiction of a Notary Public: Under the Notarial Law. • Q: Must a Notary Public always be a LAWYER? A: General Rule: Only those admitted to the practice of law are qualified to be notaries public. The law imposes on the notary public two kinds of duties: a. In which case. used to be CO-EXTENSIVE with the province for which he was commissioned. 3.34 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1. that he inquired into the voluntariness of the execution of the instrument. and b. in effect. It constitutes prima facie evidence of the facts which give rise to their execution and of the date of said execution. The reason for the former presumption is that the law assumes that the act which the officer witnesses and certified to or the date written by him are not shown to be false since notaries are public officers. that all the parties therein personally appeared before him b. mortgages 3. Documents enjoy a presumption of regularity. Exception: When there are no persons with the necessary qualifications OR where there are qualified persons but refuse appointment. the jurisdiction of a notary public in general. those who have passed the studies of law in a reputable university b. (Joson vs. deeds 2. Baltazar) 3. Converts a private document into a public one and renders it admissible in court without further proof of its authenticity. a clerk or deputy clerk of court for a period of not less than two years • Effects of NOTARIZATION 1. concerning all matters done by him in virtue of his office. the following persons may be appointed as notaries: a. Circular 8 of 1985 however. that they acknowledged personally before him that they voluntarily and freely executed the same 2. and for the notary public in the City of Manila. that they are the same persons who executed the instrument d. . To act as magistrate in the writing of affidavits or depositions 4. the jurisdiction is COEXTENSIVE with said city. execution of formalities required by law. transfers and assignments e. proclaims to the world: a. verification of the capacity and identity of the parties as well as the legality of the act executed. and e. clarified further that the notary public may be commissioned for the same term only by one court within the Metro Manila region. To make declarations and certify the truth thereof under his seal of office. other writings as are commonly provided or acknowledged before notaries. but not of the truthfulness of the statements. The notary. that they are personally known to him c.

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.