UST GN 2011 Legal and Judicial Ethics Proper Index 3

UST Golden Notes 2011
4. Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of the courts where respondent has pending cases handled by him or her, and/or where he or she has appeared as counsel; The Sworn Statement shall be considered as proof of respondents compliance with the order of suspension; Any finding or report contrary to the statements made by the lawyer under oath shall be a ground for the imposition of a more severe punishment, or disbarment, as may be warranted. resulting from a previous disbarment (Cui v. Cui, G.R. No. L-18727, Aug. 31, 1964); Recognition of moral rehabilitation and mental fitness to practice law; Lawyer shall be subject to same law, rules and regulations as those applicable to any other lawyer; and Lawyer must comply with the conditions imposed on his readmission.
2. 3.
5.
4.
6.
Q: Is a disbarred lawyer by reason of conviction of a crime automatically reinstated to the practice of law upon being pardoned by the President? A: No. To be reinstated, there is still a need for the filing of an appropriate petition with the Supreme Court. (In re: Rovero, A.M. No. 126, Dec. 29, 1980) Q: What is the effect if during the pendency of a disbarment proceeding, the erring lawyer was granted executive pardon? A: If during the pendency of a disbarment proceeding the respondent was granted executive pardon, the dismissal of the case on that sole basis will depend on whether the executive pardon is absolute or conditional. 1. 2. Absolute or unconditional pardon - the disbarment case will be dismissed. Conditional pardon - the disbarment case will not be dismissed on the basis thereof.
B. READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN DISBARRED Q: What must the Supreme Court take into consideration in reinstatement? A: 1. 2. 3. The applicants character and standing prior to the disbarment; The nature and character of the charge for which he was disbarred; His conduct subsequent to the disbarment, and the time that has elapsed between the disbarment and the application for reinstatement; (Prudential Bank v. Benjamin Grecia, A.C. No. 2756, Dec. 18, 1990) His efficient government service; (In re: Adriatico, G.R. No. L-2532, Nov. 17, 1910) Applicants appreciation of the significance of his dereliction and his assurance that he now possesses the requisite probity and integrity; and Favorable endorsement of the IBP and pleas of his loved ones. (Yap Tan v. Sabandal, B.M. No. 144, Feb. 24, 1989)
4. 5.
6.
Q: X filed proceedings for disbarment against his lawyer, Atty. C, following the latters conviction for estafa for misappropriating funds belonging to his client (X). While the proceedings for disbarment was pending, the President granted absolute pardon in favor of Atty. C. Atty. C, then, moved for the dismissal of the disbarment case. Should the motion be granted? A: An absolute pardon by the President is one that operates to wipe out the conviction as well as the offense itself. The grant thereof to a lawyer is a bar to a proceeding for disbarment against him, if such proceeding is based solely on the fact of such conviction. (In re: Parcasio, A.C. No. 100, Feb. 18, 1976) But where the proceeding to disbar is founded on the professional misconduct involved in the transaction which culminated in his conviction, the effect of the pardon is only to relieve him of the penal consequences of his act and does not operate as a bar to the disbarment proceeding,
Note: Whether or not the applicant shall be reinstated rests on the discretion of the court. (Prudential Bank v. Benjamin Grecia, A.C. No. 2756, Dec. 18, 1990) The court may require applicant for reinstatement to enroll in and pass the required fourth year review classes in a recognized law school. (Cui v. Cui, In Re: Resian A.C. No. 270, Mar. 1974)
Q: What is the effect of reinstatement? A: 1. Reinstatement to the roll of attorneys wipes out the restrictions and disabilities
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Legal Ethics - Readmission to the Bar

inasmuch as the criminal acts may nevertheless constitute proof that the attorney does not possess good moral character. (In re: Lontok, 43 Phil. 293, Apr. 7, 1922)
Note: In the light of recent court pronouncements that a lawyer may be disciplined even for nonprofessional misconduct, one may argue that a lawyer convicted of a crime involving moral turpitude, and subsequently receives absolute pardon, may still be proceeded against under the Code of Professional Responsibility even if the acts of which he was found guilty did not involve professional misconduct (A modification of In Re Lontok, supra). The ground for the petition for disciplinary action under the Code must, however, not be founded alone on the conviction but must be based on the acts committed by the lawyer which rendered him morally unfit to be a member of the bar. (Aguirre, Legal and Judicial Ethics. A Pre-week Reviewer, 2006 Edition)
C. READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN REPATRIATED Q: What are the effects of loss and reacquisition of Philippine citizenship? A: The loss of Philippine citizenship ipso jure terminates the privilege to practice law in the Philippines. However, pursuant to R.A. No. 9225 of the Citizenship Retention and Reacquisition Act of 2003, Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine citizenship IF HE REACQUIRES IT IN ACCORDANCE WITH R.A. NO. 9225. Nevertheless, his right to practice law DOES NOT AUTOMATICALLY ACCRUE. He must first secure authority from the Supreme Court upon compliance with the following conditions: 1. 2. 3. The updating and payment in full of annual membership dues in the IBP; Payment of professional tax; Completion of at least 36 credit hours of mandatory continuing legal educations; and Retaking of the lawyers oath
Q: X, a member of the Bar, was charged with and found guilty of estafa, for which he was sentenced to suffer imprisonment and to indemnify the offended party for the amount Involved. Not having taken an appeal from the judgment of conviction, upon finality thereof he was taken into custody to serve sentence. A month after he was incarcerated, he was granted pardon by the Chief Executive on condition that he would not commit another offense during the unserved portion of his prison sentence. Soon after Xs release from custody after being pardoned, the offended party in the criminal case filed a Complaint for Disbarment against X in the Supreme Court. X set up the defense that having been pardoned by the Chief Executive for which reason he was released from imprisonment, he may not be disbarred from the practice of law anymore. Is Xs contention tenable? A: Xs contention is not tenable. He was granted only a conditional pardon. Such conditional pardon merely relieved him of the penal consequences of his act but did not operate as a bar to his disbarment. Such pardon does not reach the offense itself. Hence, it does not constitute a bar to his disbarment. (In re Gutierrez, A.C. No. L-363, July 31, 1962; In re Avancena, A.C. No. 407, August 15, 1967). Furthermore, the acts of X leading to his conviction may be used to show that he does not possess the necessary requirement of good moral character for continued membership in the Bar (In re Valloces, A.C. No. 439, September 30, 1982). (1999 Bar Question)
4.
Q: Dacanay practiced law until he migrated to Canada to seek medical attention to his ailments. He subsequently applied for Canadian citizenship to avail of Canadas free medical aid program. His application was approved and he became a Canadian citizen. Dacanay later on reacquired his Philippine citizenship by virtue of R.A. 9225. Did Dacanay lose his membership in the Philippine bar when he gave up his Philippine citizenship? Can he automatically practice law upon reacquiring Filipino citizenship? A: The Constitution provides that the practice of all professions in the Philippines shall be limited to Filipino citizens save in cases prescribed by law. Since Filipino citizenship is a requirement for admission to the bar, loss thereof terminates membership in the Philippine bar and, consequently, the privilege to engage in the practice of law. In other words, the loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. The practice of law is a privilege denied to foreigners. The exception is when Filipino citizenship is lost by reason of naturalization as a citizen of another country but subsequently reacquired pursuant to
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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R.A. 9225. This is because all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of R.A. 9225. Therefore, a Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine citizenship if he reacquires it in accordance with R.A. 9225. Although he is also deemed never to have terminated his membership in the Philippine bar, no automatic right to resume law practice accrues. Before a lawyer who reacquires Filipino citizenship pursuant to R.A. 9225 can resume his law practice, he must first secure from the SC the authority to do so, conditioned on: 1. 2. 3. The updating and payment in full of the annual membership dues in the IBP; The payment of professional tax; The completion of at least 36 credit hours of mandatory continuing legal education, this is specially significant to refresh the applicant/petitioners knowledge of Philippine laws and update him of legal developments; and
The retaking of the lawyers oath which will not only remind him of his duties and responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of the Philippines. (Petition for Leave to Resume Practice of Law of Benjamin Dacanay, B.M. No. 1678, Dec. 17, 2007)
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Legal Ethics Notarial Practice

Q: What are the classes of credits?
V. MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
A: 1. Participatory credit Attending approved education activities like seminars, conventions, symposia, and the like; speaking or lecturing, or assigned as panelist, reactor, or commentator, etc. in approved education activities; teaching in law school or lecturing in bar review classes. Non-participatory Preparing, as author or co-author, written materials (article, book or book review) which contribute to the legal education of the author member, which were not prepared in the ordinary course of his practice or employment; editing a law book, law journal or legal newsletter. C. COMPLIANCE Q: What constitutes non-compliance of MCLE? A: 1. Failure to complete education requirement within the compliance period; Failure to provide attestation of compliance or exemption; Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; Failure to satisfy the education requirement and furnish evidence of such compliance within 60 days from receipt of non-compliance notice; Failure to pay non-compliance fee within the prescribed period; or Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements.
A. PURPOSE Q: What is the purpose of Bar Matter 850 MCLE? A: MCLE is required of members of the IBP to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. (2003, 2006 Bar Questions) Q: What is the Composition of the Committee on Mandatory Continuing Legal Education? A: 1. Composition: a. Retired Justice of the SC Chairman, nominated by the SC b. IBP National President Vice-Chair c. 3 other members nominated by the Philippine Judicial Academy, UP Law Center and Association of Law Professors, respectively. Members are of proven probity and integrity Compensation as may be determined by the SC. The initial terms of each of the 3 members shall be 5, 4, and 3 years respectively. B. REQUIREMENTS Q: What are the requirements of completion of MCLE? A: Requirements of completion of MCLE: Members of the IBP, unless exempted under Rule 7, shall complete every 3 years at least 36 hours of continuing legal education activities. The 36 hours shall be divided as follows: 1. 2. 3. 4. 5. 6. 7. 6 hours legal ethics 4 hours trial and pretrial skills 5 hours alternative dispute resolution 9 hours updates on substantive and procedural laws and jurisprudence 4 hours legal writing and oral advocacy 2 hours international law and international conventions Remaining 6 hours such other subjects as may be prescribed by the Committee on MCLE. 5. 6.
2.
2. 3. 4.
2. 3.
4.
Note: Members failing to comply will receive a NonCompliance Notice stating the specific deficiency and will be given 60 days from date of notification to file a response.
D. EXEMPTIONS Q: Who are the persons exempted from the MCLE? A: 1. The President, Vice-President and the Secretaries and Undersecretaries of Executive Departments;
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2. Senators and Members of the House of Representatives; 3. The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of Judicial Bar Council, incumbent members of the MCLE Committee, incumbent court lawyers who have availed of the Philippine Judicial Academy programs of continuing judicial education (Amendment to Bar Matter 850, Resolution of the Court En Banc, July 13, 2004); 4. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Dept. of Justice; 5. The Solicitor General and the Assistant Solicitor General; 6. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel; 7. The Chairman and Members of the Constitutional Commissions; 8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman; 9. Heads of government agencies exercising quasi-judicial functions; 10. Incumbent deans, bar reviewers and professors of law who have teaching experience for at least 10 years in accredited law schools; 11. The Chancellor, Vice-Chancellor and members of the Corps of Professional and Professorial Lecturers of the Philippine Judicial Academy; and 12. Governors and Mayors. (2006 Bar Question) Other parties exempted: 1. Those who are not in law practice, private or public; 2. Those who have retired from law practice with the approval of the IBP Board of Governors. Q: May a member of the bar not included in the enumeration ask for exemption? A: Yes, if there is a good cause for exemption from or modification of requirement. A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post-graduate study abroad, proven expertise in law, etc.) from compliance with or modification of any of the requirements, including an extension of time for compliance, in accordance with procedure to be established by the Committee on MCLE.
Note: Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by documents.
E. SANCTIONS Q: What are the consequences of noncompliance? A: A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent member by the IBP Board of Governors upon recommendation of the Committee on MCLE.
Note: The listing as a delinquent member is administrative in nature but shall be made with notice and hearing by the Committee on MCLE. B.M. No. 1922, which took effect on January 1, 2009, requires practicing members of the bar to indicate in all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable, for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.
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Q: Is a lawyer always a notary public?
VI. NOTARIAL PRACTICE (1996, 2005, 2007 Bar Question)
A: No. Not every member of the Bar is a notary public because a lawyer requires a commission of appointment to be designated as a notary public.
Note: Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. For this reason notaries public must observe with utmost care the basic requirements in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined. (Vda. De Rosales v. Ramos, A.C. No. 5645, July 2, 2002)
Q: What is the purpose of notarial law (A.M. No. 02-8-13-SC)? A: 1. 2. 3. To promote, serve, and protect public interest; To simplify, clarify, and modernize the rules governing notaries public; and To foster ethical conduct among notaries public. (Sec. 2, Rule I, A.M. No. 02-8-13-SC) A. QUALIFICATIONS OF NOTARY PUBLIC Q: Who is a notary public? A: A person appointed by the court whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of facts stated therein and who is authorized by the statute to administer various oaths.
Note: Notary Public" and "Notary" refer to any person commissioned to perform official acts under the rules on Notarial Practice. (Sec. 9, Rule II, A.M. No. 02-8-13-SC)
Q: What are the 2 kinds of duties imposed by law to a notary public? A: 1. 2. Execution of formalities required by law; and Verification of the capacity and identity of the parties as well as the legality of the act executed.
Q: What are the duties of a notary public? A: 1. 2. To keep a notarial register; To make the proper entry or entries in his notarial register touching his notarial acts in the manner required by the law; To send the copy of the entries to the proper clerk of court within the first 10 days of the month next following; To affix to acknowledgments the date of expiration of his commission, as required by law; To forward his notarial register, when filled, to the proper clerk of court; To make report, within reasonable time to the proper judge concerning the performance of his duties, as may be required by such judge; To make the proper notation regarding residence certificates. (Sec. 240, Rev. Adm. Code) (1995 Bar Question)
Q. What must one possess to qualify as a notary public? 3. A: To be eligible for commissioning as notary public, the petitioner must be: 4. 1. 2. 3. A citizen of the Philippines; Over 21 years of age; A resident in the Philippines for at least 1 year and maintains a regular place of work or business in the city or province where the commission is to be issued; A member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and Has not been convicted in the first instance of any crime involving moral turpitude. (second par., Sec. 1, Rule III, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC) 5. 6.
7. 4.
Q. Must a notary public always be a lawyer? A.
5.
GR: Yes. Only those admitted to the practice of law are qualified to be notaries public. XPN: When there are no persons with the necessary qualifications or where there are qualified persons but they refuse appointment.
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In which case, the following persons may be appointed as notaries: 1. Those who passed the studies of law in a reputable university; or 2. A clerk or deputy clerk of court for a period of not less than two years. Q: Can an RTC judge notarize a document? A: No. Section 35, Rule 138, of the Revised Rules of Court as well as Canon 5, Rule 5.07 of the Code of Judicial Conduct provides that no judge or other official or employee of the superior courts shall engage in private practice as a member of the bar or give professional advice to clients. Notarization of documents is considered a practice of law. It is based on sound reasons of public policy, for there is no question that the rights, duties, privileges and functions of the office of an attorney-at-law are so inherently incompatible with the high official functions, duties, powers, discretions and privileges of a judge of the Regional Trial Court. This rule makes it obligatory upon the judicial officers concerned to give their full time and attention to their judicial duties, prevent them from extending special favors for their own private interests and assure the public of impartiality in the performance of their functions. Q: Are MTC judges prohibited from acting as notary public? A: No. MTC and MCTC judges may act as notaries public ex-officio in the notarization of documents connected only with the exercise of their official functions and duties. They may not, as notaries public ex-officio, undertake the preparation and acknowledgment of private documents, contracts and other acts of conveyances which bear no direct relation to the performance of their functions as judges. However, MTC and MCTC judges assigned to municipalities or circuits with no lawyers or notaries public may, in the capacity as notaries public ex-officio, perform any act within the competence of a regular notary public, provided that: 1. All notarial fees charged be for the account of the Government and turned over to the municipal treasurer; and 2. Certification be made in the notarized documents attesting to the lack of any lawyer or notary public in such municipality or circuit. Q: Vicente Batic charged Judge Victorio Galapon Jr. with engaging in unauthorized notarial practice for having notarized a Deed of Absolute Sale between Antonio Caamic and Lualhati Ellert. Under the deed of sale, Lualhati Ellert, was described as single. At the time of Galapons notarization of the Deed of Sale, there was a notary public in Dulag, Leyte. Judge Galapon claims that he did not prepare the document and that his participation was limited to its acknowledgment, for which the corresponding fee was collected by and paid to the clerk of court. Are MTC judges like Judge Galapon absolutely prohibited from acting as notaries public? A: No. While Judge Galapon explains that he sincerely believed that when no notary public is available, the MTC may act as ex-officio notary public, provided the fees shall be for the government, such is not enough to exonerate him from liability. His acts do not fall under the exception because at the time of his notarization of the Deed of Sale, there was a notary public in Dulag, Leyte. (Vicente Batic v. Judge Victorio Galapon Jr., A.M. No. MTJ-99-1239, July 29, 2005) Q: Is the authority of MTC judges to notarize limited to their sala? A: Yes. Their authority to notarize is limited to their sala. Q: Can a judge of another town notarize the complaint to be filed in another town? A: No. It is considered as a practice of law. Q: Can a clerk of court notarize a document? A: Yes. A clerk of court can notarize a document provided he is commissioned and has been permitted by his superior. Such consent is necessary because the act of notarizing a document is a practice of law. Q: What are the rules with regard to fees that a notary public may charge? A: 1. For performing a notarial act, a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part (Sec. 1, Rule V, A. M. 02-8-13-SC); 2. A notary public may charge travel fees and expenses separate and apart from the notarial fees when traveling to perform a
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notarial act if the notary public and the person requesting the notarial act agree prior to the travel (Sec. 2, Rule V, A. M. 02813-SC); No fee or compensation of any kind, except those expressly prescribed and allowed herein, shall be collected or received for any notarial service (Sec. 3, Rule V, A. M. 02-813-SC); A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon( first par., Sec. 4, Rule V, A. M. 02-813-SC); Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund if the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part (second par., Sec. 4, Rule V, A. M. 02-813SC). of the commission as notary public must not be treated as a mere casual formality. In fact, Juans act also constitutes falsification of public document. Q: What is a commission? A: It refers to the grant of authority to perform notarial acts and to the written evidence of the authority (Sec. 3, Rule II, A.M. 02-8-13-SC). Q: Who issues a notarial commission? A: A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with the Rules on Notarial Practice. (first par., Sec. 1, Rule III, A.M. No. 02-8-13-SC) Q: What is the form of the petition and supporting documents for a notarial commission? A: Every petition for a notarial commission shall be in writing, verified, and shall include the following: 1. A statement containing the petitioner's personal qualifications, including the petitioner's date of birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP membership number; Certification of good moral character of the petitioner by at least 2 executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission; Proof of payment for the filing of the petition as required by the Rules on Notarial Practice; and Three passport-size color photographs with light background taken within 30 days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs. (Sec. 2,Rule III, A.M. No. 02-8-13-SC)
3.
4.
5.
Note: A notary public who charges fee for notarial services shall issue a receipt registered with the Bureau of Internal revenue and keep a journal of notarial fees. He shall enter in the journal all fees charges for services rendered. A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial fees. (Sec. 5, Rule V, A. M. 02-813-SC)
B. TERM OF OFFICE OF A NOTARY PUBLIC Q: What is the term of office of a notary public? A: A notary public may perform notarial acts for a period of 2 years commencing the 1st day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under the Rules on Notarial Practice and the Rules of Court.(Section 11, Rule III,A.M. No. 02-8-13-SC) (1995 Bar Question) Q: Juan dela Cruz was commissioned as a notary public in 2001. His friend asked him to notarize a deed of absolute sale sometime in 2004, to which he agreed free of charge. A complaint for malpractice was filed against him. Is Juan dela Cruz guilty of malpractice? A: Yes. Absent any showing that his notarial commission has been renewed, his act constitutes malpractice because at the time he notarized the document, his notarial commission has already expired. It is not a defense that no payment has been received. The requirement for the issuance
2.
3.
4.
Note: Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court. (Sec. 3, Rule III, A.M. No. 02-8-13-SC)
Q: Before the Executive Judge shall conduct a summary hearing on the petition, what requirements must be met?
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A: 1. 2. 3. The petition is sufficient in form and substance; The petitioner proves the allegations contained in the petition; and The petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood the Rules on Notarial Practice.
Note: The Executive Judge shall, upon payment of the application fee, act on an application for renewal of a commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefor. (Sec. 14, Rule III, A.M. No. 02-8-13-SC)
C. POWERS AND LIMITATIONS OF A NOTARY PUBLIC

Note: Notarial Act and Notarization refer to any act that a notary public is empowered to perform under these Rules. (Sec. 7, Rule II, A.M. 02-8-13-SC)
Note:: The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner. (Sec. 4, Rule III, A.M. No. 02-8-13-SC) Note: Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the date of the summary hearing.(Sec. 6, Rule III, A.M. No. 02-813-SC) Note: The commissioning of a notary public shall be in a formal order signed by the Executive Judge. (Sec. 7, Rule III, A.M. No. 02-8-13-SC)
Q: What are the powers of a notary public? A: A notary public is empowered to perform the following notarial acts: JAO-CAS 1. Acknowledgements; 2. Oaths and affirmations; 3. Jurats; 4. Signature witnessings; 5. Copy certifications; and 6. Any other act authorized by these rules (Section 1(a), Rule IV, A.M. No. 02-8-13-SC) Acknowledgements Q: What is an acknowledgement? A: Acknowledgment refers to an act in which an individual on a single occasion: 1. Appears in person before the notary public and presents an integrally complete instrument or document;
Note: A notary public cannot perform a notarial act over a document that has missing pages, or that contains blanks that should be filled-in prior to the notarial act.
Note: Every person commissioned as notary public shall have only one official seal of office.
(Sec. 10, Rule III, A.M. No. 02-8-13-SC)
Q: What must a notary public do when his commission expires? A: A notary public may file a written application with the Executive Judge for the renewal of his commission within 45 days before the expiration thereof. A mark, image or impression of the seal of the notary public shall be attached in the application. (first par., Sec. 13, Rule III, A.M. No.
02-8-13-SC) Note: If a person is applying for a commission for the first time, what he files is a petition and not an application.
2.
Q: what is the effect of failure of the notary public to file an application for the renewal of his commission? A: Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public. (second par., Sec. 13, Rule III, A.M. No. 02-8-13-SC)
Note: The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission. (third par., Sec. 13, Rule III, A.M. No. 02-8-13-SC)
Is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice; and Represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. (Sec. 1, Rule II, A.M. 02-8-13-SC)
3.
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Q: Cabanilla filed a complaint against Atty. Cristal-Tenorio with the IBP, alleging that he never appeared before her when she notarized the deed of sale of his house, and that the signatures appearing opposite their respective names were forgeries. Did Atty. Cristal-Tenorio fail to comply with the mandates of the law when she notarized the deed of sale without the complainant and his children? Does such failure warrant the revocation of her notarial commission? A: Yes. Under Section 1(a) of Act 2103, a notary public taking the acknowledgment in a document or instrument is mandated to certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it and acknowledged that the same is his free act and deed. To "acknowledge before" means to avow; to own as genuine, to assert, to admit; and "before" means in front or preceding in space or ahead of. A party acknowledging must appear before the notary public. A notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before the said notary public to attest to the contents and truth of what are stated therein. The presence of the parties to the deed making the acknowledgment will enable the notary public to verify the genuineness of the signature of the affiant. A notary public is enjoined from notarizing a fictitious or spurious document. The function of a notary public is, among others, to guard against any illegal deed. (Cabanilla v. Cristal-Tenorio, A.C. No. 6139, Nov. 11, 2003) Oaths and Affirmations Q: What is affirmation or oath? A: It refers to an act in which an individual on a single occasion: 1. Appears in person before the notary public; 2. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice; and 3. Avows under penalty of law to the whole truth of the contents of the instrument or document. (Sec. 2,Rule II,A.M. No. 02-813-SC) Republic Act No. 9406. March 23, 2007. AN ACT REORGANIZING AND STRENGTHENING THE PUBLIC ATTORNEY'S OFFICE (PAO), AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS THE "ADMINISTRATIVE CODE OF 1987", AS AMENDED, GRANTING SPECIAL ALLOWANCE TO PAO OFFICIALS AND LAWYERS, AND PROVIDING FUNDS THEREFOR Section 8. Sections 41 and 42, Chapter 10, Book I of the same Code, as amended, is hereby further amended to read as follows: Q: Who are the officers authorized to administer oaths? A: The following officers have general authority to administer oaths: 1. President; 2. Vice-President; 3. Members and Secretaries of both Houses of the Congress; 4. Members of the Judiciary; 5. Secretaries of Departments; 6. provincial governors and lieutenantgovernors; 7. City mayors; 8. Municipal mayors; 9. Bureau directors; 10. Regional directors; 11. Clerk of courts; 12. Registrars of deeds; 13. Other civilian officers in the public service of the government of the Philippines whose appointments are vested in the President and are subject to confirmation by the Commission on Appointments; 14. All other constitutional officers; 15. PAO lawyers in connection with the performance of duty; and 16. notaries public. (Sec. 41) Q: What is the rule regarding the duty to administer oaths? A: Officers authorized to administer oaths, with the exception of notaries public, municipal judges and clerks of court, are not obliged to administer oaths or execute certificates save in matters of official business or in relation to their functions as such; and with the exception of notaries public, the officer performing the service in those matters shall charge no fee, unless specifically authorized by law. (Section 42)
Note: P.A.O. Lawyers now have the authority to administer oaths, provided it is in connection with the performance of their duties.
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The fiscal or the state prosecutor has the authority to administer oaths. (R.A. No. 5180, as amended by P.D. 911)
Jurats Q: What is a jurat? A: It refers to an act in which an individual on a single occasion: 1. Appears in person before the notary public and presents an instrument or document; 2. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice; 3. Signs the instrument or document in the presence of the notary; and 4. Takes an oath or affirmation before the notary public as to such instrument or document. (Sec. 6, Rule II, A.M. 02-8-13SC)
Note: A jurat is not a part of a pleading but merely evidences the fact that the affidavit was properly made. The claim or be.lief of Atty. Dela Rea that the presence of petitioner Gamido was not necessary for the jurat because it is not an acknowledgment is patently baseless. If this had been his belief since he was first commissioned as a notary public, then he has been making a mockery of the legal solemnity of an oath in a jurat. Notaries public and others authorized by law to administer oaths or to take acknowledgments should not take for granted the solemn duties appertaining to their offices. Such duties are dictated by public policy and are impressed with public interest. (Gamido v. Bilibid Prisons Officials, G.R. No. 114829, Mar. 1, 1995)
same person who executed it and acknowledged that the same is his free act and deed. Two-fold purpose: to authorize the deed to be given in evidence without further proof of its execution, and, to entitle it to be recorded. Where used: 1. To authenticate an agreement between two or more persons; or 2. Where the document contains a disposition of property. E.g. The acknowledgement in a deed of lease of land.
Purpose: Gives the document a legal character.
Where used: 1. Affidavits; 2. certifications; 3. Whenever the person executing makes a statement of facts or attests to the truth of an event, under oath. E.g. An affidavit subscribed before a notary public or public official authorized for the purpose.
Note: If a document is certified by way of jurat, instead of acknowledgement, the document is a private one. Hence, to be admissible as evidence, the same must be offered and proven in accordance with the Rules on Evidence. Signature Witnessing
Q: What is signature witnessing? A: It refers to a notarial act in which an individual on a single occasion: 1. Appears in person before the notary public and presents an instrument or document; Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice; and Signs the instrument or document in the presence of the notary public. (Sec. 14, Rule II, A. M. No. 02-8-13-SC)
Q: Distinguish acknowledgement from jurat. A: ACKNOWLEDGMENT Act of one who has executed a deed, in going to some competent officer or court and declaring it to be his act or deed. The notary public or officer taking the acknowledgement shall certify that the person acknowledging the instrument or document is known to him and he is the
JURAT 2. That part of an affidavit in which the notary public or officer certifies that the instrument was sworn to before him. It is not part of a pleading but merely evidences the fact that the affidavit was properly made.
3.
Q: Is a notary public authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization? A: Yes. It is also within the powers of a notary public, provided:
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1. The thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document; Both witnesses sign their own names in addition to the thumb or other mark; The notary public writes below the thumb or other mark: thumb or other mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public, and The notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat or signature witnessing. (Sec. 1(b), Rule IV, A.M. No. 02-8-13-SC) (1995 Bar Question)
Note: The document copied must be an original document. It cannot be a copy itself.
2. 3.
Q: How should a notary public notarize a paper instrument or document? A: In notarizing a paper instrument or document, a notary public shall: 1. Sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission; 2. Not sign using a facsimile stamp or printing device; and 3. Affix his official signature only at the time the notarial act is performed.(Sec. 1, Rule VII, A.M. 02-8-13-SC) Q: What are the effects of notarization?
4.
Q: Is a notary public authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document? A: Yes. It likewise falls within the powers of a notary public, provided: 1. The notary public is directed by the person unable to sign or make a mark to sign on his behalf; The signature of the notary public is affixed in the presence of 2 disinterested and unaffected witnesses to the instrument or document; Both witnesses sign their own names; The notary public writes below his signature: Signature affixed by notary in the presence of (names and addresses of person and 2 witnesses), and The notary public notarizes his signature by acknowledgment or jurat. (Sec. 1(c), Rule IV, A.M. 02-8-13-SC) (1995 Bar Question) Copy Certifications Q: What is copy certification? A: It refers to a notarial act in which a notary public: 1. Is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; 2. Copies or supervises the copying of the instrument or document; 3. Compares the instrument or document with the copy; and 4. Determines that the copy is accurate and complete. (Sec. 4, Rule II, A.M. 02-8-13-SC)
A: 1. The notary, in effect, proclaims to the world that: a. b. c. d. e. All the parties therein personally appeared before him; They are personally known to him; They are the same persons who executed the instrument; He inquired into the voluntariness of the execution of the instrument; They acknowledge personally before him that they voluntarily and freely executed the same.
2.
3. 4.
2.
Converts a private document into a public one and renders it admissible in court without further proof of its authenticity. Documents enjoy a presumption of regularity. It constitutes prima facie evidence of the facts which give rise to their execution and of the date of said execution, but not of the truthfulness of the statement.
5.
3.
Note: The reason for the presumption is that the law assumes that the act which the officer witnessed and certified to or the date written by him are not shown to be false since notaries are public officers. Note: A notarial document is by law entitled to full faith and credit upon its face and, for this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties, lest, the confidence of the public in the integrity of the document will be undermined.
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Q: What is a notarial certificate? A: It refers to the part of, or attachment to a notarized instrument or document that is completed by the notary public which bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by the Rules on Notarial Practice. (Sec. 8, Rule II, A. M. No. 02-813)
Note: Loose notarial certificate refers to a notarial certificate that is attached to a notarized instrument or document. Note: "Official seal" or "seal" refers to a device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by the Rules on Notarial Practice. (Sec. 13,Rule II, A.M. No. 02-8-13-SC)
c. d.
notary public through competent evidence of identity as defined by the Rules on Notarial Practice. (Sec. 2(b)(2), Rule IV, A.M. No. 02-8-13-SC) The document is blank or incomplete; (Sec.6(a) Rule IV, A.M. 02-8-13-SC) An instrument or document is without appropriate notarial certification. (Sec. 6, Rule IV, A.M. 028-13-SC)
Q: What must the notarial certificate contain? A: 1. 2. 3. The name of the notary public as exactly indicated in the commission; The serial number of the commission of the notary public; The words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and The roll of attorney's number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number. (Sec. 2, Rule VIII, A.M. 02-8-13-SC)
Q: Engineer Cynthia de la Cruz Catalya filed an application for building permit in connection with the renovation of a building situated on a lot owned by her brother Rolando de la Cruz. One of the documents required in the processing of the application was an affidavit to be executed by the lot owner. Since Rolando de la Cruz was a resident abroad, an affidavit was prepared wherein it was made to appear that he was a resident of Leyte; that he was the owner of the lot whereon the building subject of the application for the issuance of a building permit was situated. Atty. Francisco Villamor notarized the purported affidavit. According to him, a Chinese mestizo appeared in his law office one time, requesting that his affidavit be notarized. Said person declared that he was Rolando de la Cruz. Atty. Villamor then asked for the production of his residence certificate, but he said, he did not bother to bring the same along with him anymore as, he has already indicated his serial number, in the jurat portion together with the date of issue and place of issue. Did Atty. Francisco Villamor commit a violation of notarial law? A: Yes. It is the duty of the notarial officer to demand that the document presented to him for notarization should be signed in his presence. By his admission, the affidavit was already signed by the purported affiant at the time it was presented to him for notarization. Atty. Villamor thus failed to heed his duty as a notary public to demand that the document for notarization be signed in his presence. (Traya Jr. v. Villamor, A.C. No. 4595, Feb. 6, 2004) Q: During their lifetime, the Spouses Villanueva acquired several parcels of land. They were survived by their 5 children: Simeona, Susana, Maria, Alfonso, and Florencia. Alfonso executed an Affidavit of Adjudication stating that as the only surviving son and sole heir of the spouses, he was adjudicating to
4.
Note: A notary public shall not: a. execute a certificate containing information known or believed by the notary to be false. b. affix an official signature or seal on a notarial certificate that is incomplete.
Q: What are the limitations to the performance of a notarial act of a notary public? A: A person shall not perform a notarial act if: 1. The person involved as signatory to the instrument or document is: a. Not in the notary's presence personally at the time of the notarization; and (Sec. 2(b)(1), Rule IV, A.M. No. 02-8-13-SC) Not personally known to the notary public or otherwise identified by the
b.
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himself a parcel of land. Thereafter, he executed a Deed of Absolute Sale, conveying the property to Adriano Villanueva. Atty. Salud Beradio appeared as notary public on both the affidavit of adjudication and the deed of sale. Atty. Beradio knew of the falsity of Alfonsos statement. Florencia and descendants of the other children of the spouses were still alive at the time of execution of both documents. Was there a failure to discharge properly the duties of a notary public? A: Yes. Atty. Beradios conduct breached the Code of Professional Responsibility, which requires lawyers to obey the laws of the land and promote respect for the law and legal processes as well as Rule 1.01 of the Code which proscribes lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct. She herself admitted that she knew of the falsity of Alfonsos statement that he was the sole heir of the spouses. She therefore notarized a document while fully aware that it contained a material falsehood. The affidavit of adjudication is premised on this very assertion. By this instrument, Alfonso claimed a portion of his parents estate all to himself, to the exclusion of his co-heirs. Shortly afterwards, Atty. Beradio notarized the deed of sale, knowing that the deed took basis from the unlawful affidavit of adjudication. (Heirs of the Late Spouses Lucas v. Atty. Beradio, A.C. No. 6270, Jan. 22, 2007)
Note: Where admittedly the notary public has personal knowledge of a false statement or information contained in the instrument to be notarized, yet proceeds to affix his or her notarial seal on it, the court must not hesitate to discipline the notary public accordingly as the circumstances of the case may dictate. Otherwise, the integrity and sanctity of the notarization process may be undermined and public confidence on notarial documents diminished. (Ibid)
3.
Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree. (Sec. 3, Rule IV, A.M. No. 02-8-13-SC) (1995 Bar Question)
Note: The function of a notary public is, among others, to guard against any illegal or immoral arrangements. That function would be defeated if the notary public is one of the signatories to the instrument. For then, he would be interested in sustaining the validity thereof as it directly involves himself and the validity of his own act. It would place him in an inconsistent position, and the very purpose of the acknowledgment, which is to minimize fraud, would be thwarted. (Villarin v. Sabate, A.C. No. 3224, Feb. 9, 2000)
Q: When may a notary public refuse to notarize even if the appropriate fee is tendered? A: 1. The notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral; The signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; In the notary's judgment, the signatory is not acting of his or her own free will; (Sec. 4, Rule V, A.M. No. 02-8-13-SC) or If the document or instrument to be notarized is considered as an improper document by the Rules on Notarial Practice.
2.
3.
4.
Note: Improper instrument/document is a blank or incomplete instrument or an instrument or document without appropriate notarial certification. (Sec. 6, Rule V, A.M. No. 02-8-13-SC)
D. NOTARIAL REGISTER Q: What is a Notarial Register?
Q: When is a notary public disqualified from performing a notarial act? A: When the notary public: 1. Is a party to the instrument or document that is to be notarized; 2. Will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by the Rules on Notarial Practice and by law; or
A: It refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public.(Sec. 5, Rule II, A.M. No. 02-8-13-SC) Q: What is the form of notarial register? A: A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial
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register of notarial acts consisting of a permanently bound book with numbered pages. The register shall be kept in books to be furnished by the Solicitor General to any notary public upon request and upon payment of the cost thereof. The register shall be duly paged, and on the first page, the Solicitor General shall certify the number of pages of which the book consists. For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General and the Office of the Court Administrator. (Sec. 1(a), Rule VI, A.M. No. 02-8-13-SC) Q: How many notarial register may a notary public keep? A: A notary public shall keep only one active notarial register at any given time. (Sec. 1(b), Rule VI, A.M. No. 02-8-13-SC) Q: What information should be entered in the notarial register? A: a. For every notarial act, the notary shall record in the notarial register at the time of notarization the following: 1. 2. the entry number and page number; the date and time of day of the notarial act; 3. the type of notarial act; 4. the title or description of the instrument, document or proceeding; 5. the name and address of each principal; 6. the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary; 7. the name and address of each credible witness swearing to or affirming the person's identity; 8. the fee charged for the notarial act; 9. the address where the notarization was performed if not in the notary's regular place of work or business; and 10. any other circumstance the notary public may deem of significance or relevance.(Sec. 2(a), Rule VI, A.M. No. 02-8-13-SC) b. In case of failure to complete a notarial act, record in the notarial register the
e. d.
reasons and circumstances for not completing a notarial act (Sec. 2(b), Rule VI, A.M. No. 02-8-13-SC) c. the circumstances of any request to inspect or copy an entry in the notarial register, including the requester's name, address, signature, thumbmark or other recognized identifier, and evidence of identity. (Sec.2(c),Rule VI, A.M. No. 02-813-SC)
Note: The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded. (Ibid.)
When the instrument or document is a contract, keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. (Sec.2(d),Rule VI, A.M. No. 02-8-13-SC) Note: He shall also retain a duplicate original copy for the Clerk of Court.
(Ibid.)
In case of a protest of any draft, bill of exchange or promissory note, make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom and in what manner; where the same was made, when and to whom and where directed; and of every other fact touching the same. (Sec. 2(f), Rule VI, A.M. No. 02-8-13-SC) At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show this fact. (Sec. 2(g), Rule VI, A.M. No. 02-8-13-SC)
f.
Note: A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies
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herein required. (Sec. 2(h), Rule VI, A.M. No. 02-8-13SC) Note: The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is recorded. No blank line shall be left between entries. (Sec. 2(e), Rule VI, A.M. No. 02-8-13-SC) any person applying for such copy upon payment of the legal fees. (Sec. 6, Rule VI, A. M. No. 02-8-13-
SC) Q: May a notary public refuse the request of inspection for register of deeds? A: Yes. if the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register, the notary shall deny access to any entry or entries therein. (Sec. 4(c), Rule VI, A. M. No. 02-8-13-SC) Q: State the rule in case of loss, destruction or damage of notarial register. A: 1. In case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and also provide a copy or number of any pertinent police report. Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge. (Sec. 5, Rule VI, A. M. No. 02-8-13-SC)
Q: Who shall sign or affix a thumbmark in the notarial register? A: At the time of notarization, the notary's notarial register shall be signed or a thumb or other mark affixed by each: a. principal; b. credible witness swearing or affirming to the identity of a principal; and c. witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign. Sec. 3,Rule VI, A.M. No. 02-8-13-SC) Q: Can any person inspect an entry in the notarial register? A: Yes, provided: 1. The inspection is made in the notarys presence; 2. During regular business hours 3. The person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules; 4. The person affixes a signature and thumb or other mark or other recognized identifier, in the notarial .register in a separate, dated entry; 5. The person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought; and 6. The person is shown only the entry or entries specified by him. (Sec.4(a), Rule VI, A.M. No. 02-8-13-SC) Q: May a law enforcement officers examine the notarial register? A: Yes, the notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order. (Sec. 4(b), Rule VI, A. M. No. 02-8-13-SC)
Note: The notary public shall supply a certified true copy of the notarial record, or any part thereof, to
2.
E. JURISDICTION OF NOTARY PUBLIC AND PLACE OF NOTARIZATION Q: What is the jurisdiction of a notary public? A: A notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court. Q: What is the phrase regular place of work or business of a notary public mean? A: The regular place of work or business refers to a stationary office in the city or province wherein the notary public renders legal and notarial services. (Sec. 11, Rule II, 2004 Rules on Notarial Practice)
Note: Under the Notarial Law, the jurisdiction of a notary public is co-extensive with the province for which he was commissioned; and for the notary
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public in the city of Manila, the jurisdiction is coextensive with said city. Circular 8 of 1985, however, clarified further that the notary public may be commissioned for the same term only by one court within the Metro Manila region. Notary Public. (Amora, Jr. v. Comelec, G.R. No. 192280, January 25, 2011)
Q: What is competent evidence of identity? A: It refers to the identification of an individual based on: 1. At least one current identification document issued by an official agency bearing the photograph and signature of the individual such as but not limited to: a. b. c. Passport, Drivers license, Professional Regulation Commission ID, d. National Bureau of Investigation clearance, e. Police clearance, f. Postal ID, g. Voters ID, h. Barangay Certification, i. Government Service Insurance System e-card, j. Social Security System card, k. Philhealth card, l. Senior Citized card, m. Overseas Workers Welfare Administration (OWWA) ID, n. OFW ID, o. sea mans book, p. alien certificate of registration, q. government office ID, r. certification from the National Council for the Welfare of Disabled Persons (NCWDP), s. Department of Social Welfare Development (DSWD) certification; or 2. The oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification. (Amendment to Sec. 12 (a), Rule II of the 2004 Rules on Notarial Practice, Feb. 19, 2008).
Q: Can a notary public perform a notarial act outside his jurisdiction and his regular place of work or business? A: GR: A notary public shall not perform a notarial act outside his jurisdiction and his regular place of work or business. XPN: A notarial act may be performed at the request of the parties in the following sites, other than his regular place of work or business, located within his territorial jurisdiction: 1. Public offices, convention halls, and other appropriate public places for the purpose of administering oaths of office; (Sec. 2, Rule IV, A. M. No. 02-813-SC) At the request of the parties, public function areas in hotels and other appropriate places for the signing of the contracts, deeds, and other documents requiring notarization; (Ibid.) Residence of any party of a contract, deed, or other document requiring notarization; (Ibid.) Hospitals and other medical institutions where a party to a contract is confined for treatment; (Ibid.) Any place where for legal reason a party to a contract, deed, or other document requiring notarization may be confined, (Ibid.) and; Such other places as may be dictated because of emergency.(1996 Bar Question)
2.
3.
4.
5.
6.
Note: It is improper for a notary public to notarize documents in sidewalk since it is now required that a notary public should maintain a regular place of work or business within the city or province where he is commissioned. The SC evidently wants to eradicate the practice of fly by night notaries public who notarized documents in improvised offices.
F. COMPETENT EVIDENCE OF IDENTITY

Note: Competent evidence of identity is not required in cases where the affiant is personally known to the
Note: These are in addition to the presentation of the signatories Community Tax Certificate (CTC) as required by Notarial Law (Act 2711). Notaries public are required by the Notarial Law to certify that the party to the instrument has
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acknowledged and presented before the notaries public the proper residence certificate (or exemption from the residence certificate) and to enter its number, place, and date of issue as part of certification. Sec. 12, Rule II of the 2004 Rules on Notarial Practice now requires a party to the instrument to present competent evidence of identity. (Legaspi v. Atty. Dimaano, Jr., A.C. No. 7781, Sept. 12, 2008)
Q: Atty. Regino Tamabago notarized a last will and testament under which, the decedent supposedly bequeathed his entire estate to his wife, save for a parcel of land which he devised to Vicente Lee, Jr. and Elena Lee, half siblings of Manuel Lee, the complainant. The will was purportedly executed and acknowledged before respondent on June 30, 1965. However, the residence certificate of the testator noted in the acknowledgment of the will was dated January 5, 1962. There is also absence of notation of the residence certificates of the purported witnesses. Did Atty. Regino Tamabago violate any of the duties of a notary public? A: Atty. Tamabago, as notary public, evidently failed in the performance of the elementary duties of his office. There is absence of a notation of the residence certificates of the notarial witnesses in the will in the acknowledgment. Further, the notation of the testators old residence certificate in the same acknowledgment was a clear breach of the law. The Notarial Law then in force required the exhibition of the residence certificate upon notarization of a document or instrument. By having allowed decedent to exhibit an expired residence certificate, Atty. Tamabago failed to comply with the requirements of the old Notarial Law. As much could be said of his failure to demand the exhibition of the residence certificates of notarial witnesses. Defects in the observance of the solemnities prescribed by law render the entire will invalid. (Manuel Lee v. Atty. Regino Tamabago, A.C. No. 5281, Feb. 12, 2008) G. REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS Q: Who can revoke a notarial commission? A: The notarial commission may be revoked by 1. The Executive Judge of the RTC who issued the commission on any ground on which an application for commission may be denied (Sec. 1, Rule XI, A.M. No. 02-8-13SC,) or; By the Supreme Court itself in the exercise of its general supervisory powers over lawyer.
Q: Is a community tax certificate still a competent evidence of identity? A: No. A notary public can no longer accept a cedula or a community tax certificate (CTC), the successor document to the residence certificate originally required by the Notarial Law as proof of identity. Such does not even contain a photograph of the person to whom it is issued. Further, CTC may be easily obtained by anyone, without any supporting papers, thereby debasing its value as an identity document.
Note: In the list of grounds for disqualification of persons running for any local elective position under Section 40 of the LGC, nowhere therein does it specify that a defective notarization is a ground for the disqualification of a candidate. Thus, presentation of CTC before the notary public, in compliance with the requirement of presentation of competent evidence of identity, though improper, does not in itself warrant the disqualification of a candidate to run for any elective position. (Amora, Jr. v. Comelec, G.R. No. 192280, January 25, 2011)
Q: Is the presentation of Community Tax Certificate no longer necessary in view of the amendment? A: No. Its presentation is still mandatory pursuant to Local Government Code of the Philippines in order to show payment of taxes. Said law provides: When an individual subject to the community tax acknowledges any document before a notary public, takes the oath of office upon election or appointment to any position in the government service; receives any license, certificate, or permit from any public authority; pays any tax or fee; receives any money from any public fund; transacts other official business; or receives any salary or wage from any person or corporation, it shall be the duty of any person, officer, or corporation with whom such transaction is made or business done or from whom any salary or wage is received to require such individual to exhibit the community tax certificate. (Sec. 163, LGC)
2.
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Q: What are the grounds for revocation of notarial commission? A: The executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied. In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who: 1. 2. Fails to keep a notarial register; Fails to make the proper entry or entries in his notarial register concerning his notarial acts; Fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following; Fails to affix to acknowledgments the date of expiration of his commission; Fails to submit his notarial register, when filled, to the Executive Judge; Fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge; Fails to require the presence of a principal at the time of the notarial act;
Note: "Principal" refers to a person appearing before the notary public whose act is the subject of notarization.
2.
Obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and Solicits, coerces, or in any way influences a notary public to commit official misconduct. (Sec. 1, Rule XII, Rule on Notarial Practice)
3.
3.
4. 5. 6.
7.
8.
Fails to identify a principal on the basis of personal knowledge or competent evidence; 9. Executes a false or incomplete certificate under Section 5, Rule IV; 10. Knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and 11. Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction.(Sec. 1, Rule XI, Rule on Notarial Practice) Q: What are punishable acts under the 2004 Rules on Notarial Practice? A: The Executive Judge shall cause prosecution of any person who knowingly: 1. the
Acts or otherwise impersonates a notary public;
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Judicial Ethics - Preliminary

duties of the office. Moreover, one cannot be actually acting under any color of right when he has ceased to be a judge and has actually vacated the office by the acceptance of another office and by actually entering upon the duties of the other office. (Lino Luna v. Rodriguez and De Los Angeles, G.R. No. L-13744, Nov. 29, 1918)
JUDICIAL ETHICS
I. PRELIMINARY
A. CONCEPT Q: What is judicial ethics? A: It is the branch of moral science which treats of the right and proper conduct to be observed by all judges in trying and deciding controversies brought before them for adjudication which conduct must be demonstrative of impartiality, integrity, competence, independence and freedom from improprieties. This freedom from improprieties must be observed in both the public and private life of a judge being the visible representation of the law. Q: Who is a judge? A: Any person exercising judicial power however designated. (New Code of Judicial Conduct) A judge is a public officer who, by virtue of his office, is clothed with judicial authority; A public officer lawfully appointed to decide litigated questions in accordance with law. (People v. Manantan, G.R. No. L-14129, Aug. 30, 1962)
Note: This refers to persons only. There may be a judge without a court.
B. QUALIFICATIONS OF JUSTICES AND JUDGES. Q: What are the qualifications of justices of the Supreme Court or Court of Appeals? A: One must be: 1. A natural-born citizen of the Philippines; 2. At least 40 years of age; 3. A person who has been, for 15 years or more, a judge of a lower court or engaged in the practice of law; and 4. A person of proven competence, integrity, probity and independence. (Sec. 7(2), Art. VIII, 1987 Constitution) Q: What are the qualifications to be a RTC judge? A: One must be: 1. A natural-born citizen of the Philippines; 2. At least 35 years of age; and 3. For at least 10 years engaged in the practice of law in the Philippines or held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite. (1997 Bar Question) Q: What are the qualifications to be an MTC judge? A: One must be: 1. A natural-born citizen of the Philippines; 2. At least 30 years of age; and 3. For at least 5 years, engaged in the practice of law in the Philippines or held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite. Q: What is the proper judicial deportment?
Q: Who is a de jure judge? A: One who exercises the office of a judge as a matter of right, fully vested with all the powers and functions conceded to him under the law. (Luna v. Rodriguez, G.R. No. L-13744, Nov. 29, 1918) Q: Who is a de facto judge? A: An officer who is not fully vested with all the powers and duties conceded to judges but, one who exercises the office of judge under some color of right. He has the reputation of the officer he assumes to be, yet he has some defect in his right to exercise judicial functions at the particular time. (Luna v. Rodriguez, G.R. No. L13744, Nov. 29, 1918)
Note: There cannot be a de facto judge when there is a de jure judge in the actual performance of the
A: 1. Attitude toward counsel He must be courteous especially to the young and inexperienced, should not interrupt in their arguments except to clarify his minds as to their positions, must not be tempted to an unnecessary display of learning or premature judgment, may criticize and
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2. correct unprofessional conduct of a lawyer but not in an insulting manner. Attitude toward litigants and witnesses He must be considerate, courteous and civil, must not utter intemperate language during the hearing of a case.
3.
II. THE NEW CODE OF JUDICIAL CONDUCT. FOR THE PHILIPPINE JUDICIARY. (A.M. NO. 03-05-01).
Q: What is the proper judicial conduct? A: Judges and justices must conduct themselves as to be beyond reproach and suspicion and be free from appearance of impropriety in their personal behavior not only in the discharge of official duties but also in their everyday lives. Q: What are the two sources of judicial ethics? A: 1. 2. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft); Code of Judicial Conduct
Note: The New Code of Judicial Conduct (NCJC) for the Philippine Judiciary which took effect on June 1, 2004 supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct. Provided, however, that in case of deficiency or absence of specific provisions in this New Code, the Canons of Judicial Ethics and Code of Judicial Conduct shall be applicable in a suppletory character. (2007 Bar Question) This was adopted from the universal declaration of standards for ethical conduct embodied in the Bangalore Draft as revised at the Round Table Conference of Chief Justices at the Hague. Note: The New code contains 6 Canons and 44 Rules.
Q: What are the six (6) canons under the New Code of Judicial Conduct for the Philippine Judiciary? A: 1. 2. 3. 4. 5. 6. Independence Integrity Impartiality Propriety Equality Competence and Diligence.
Note: The purpose of the New Code of Judicial Conduct for the Philippine Judiciary is to update and correlate the code of judicial conduct and canons of judicial ethics adopted for the Philippines, and also to stress the Philippines solidarity with the universal clamor for a universal code of judicial ethics.
CANON 1, NCJC-INDEPENDENCE
JUDICIAL INDEPENDENCE IS A PRE-REQUISITE - INDEPENDENCE TO THE CANON RULE OF 1 LAW AND A FUNDAMENTAL GUARANTEE OF A FAIR TRIAL. A JUDGE SHALL, THEREFORE, UPHOLD AND EXEMPLIFY JUDICIAL INDEPENDENCE IN BOTH ITS INDIVIDUAL AND INSTITUTIONAL ASPECTS.
Q: What is an independent Judiciary? A: It is one free from inappropriate outside influence.
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Judicial Ethics New Code of Judicial Conduct

Q: What is the independence? importance of Judicial
Note: Judges should inspire public confidence in the judiciary which can be attained only if judges are perceived by the public to be fair, honest, competent, principled, dignified and honorable. Accordingly, the first duty of judges is to conduct themselves at all times in a manner that is beyond reproach.
A: Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall, therefore, uphold and exemplify judicial independence in both its individual and institutional aspects. (Canon 1, NCJC)
Note: Individual Judicial Independence focuses on each particular case and seeks to insure his or her ability to decide cases with autonomy within the constraints of the law. It is a pre-requisite to the rule of law and a fundamental guarantee of fair trial While Institutional Judicial Independence focuses on the independence of the judiciary as a branch of government and protects judges as a class. (In the Matter of the Allegations Contained in the Columns of Mr. Amado P. Macasaet Published in Malaya dated September 18, 19, 20 and 21, 2007) Note: The treatment of independence as a single Canon is the primary difference between the new Canon 1 and the Canon 1 of the 1989 Code.
Judges must reject pressure by maintaining independence from, but not limited to the following: 1. Independence from public officials the public laid their confidence on the fact that the official is mentally and morally fit to pass upon the merits of their varied intentions. Independence from government as a whole avoid inappropriate connections, as well as any situation that would give rise to the impression of the existence of such inappropriate connections. Independence from family, social, or other relationships Do not sit in litigation where a near relative is a part of or counsel; be independent from judicial colleagues (Sec. 2) and avoid such actions as may reasonably tend to wake the suspicion that his social or business relations constitute an element in determining his judicial course. Independence from public opinion only guide is the mandate of law.
2.
3.
Q. What is the difference between the New Code of Judicial Conduct for the Philippine Judiciary and Code of Judicial Conduct? A. They differ in three ways: New Code of Judicial Conduct for the Code of Judicial Philippine Judiciary Conduct Focuses on the Concerned primarily institutional and with the institutional personal independence of the independence of judiciary. judicial officers Contains eight norms Contained three of conduct that guidelines explaining judges shall follow what judges should do * Canon 1 of the 1989 Code created a weaker mandate. The treatment of independence as a single canon Section 1, Canon 1, NCJC: Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason.
4.
Q: In a civil case submitted for a decision, Judge Corpuz-Macandog acted on it based on a telephone call from a government official telling her to decide the case in favor of the defendant, otherwise she will be removed. The judge explained that she did so under pressure considering that the country was under a revolutionary government at that time. Did the judge commit an act of misconduct? A: Yes. A judge must decide a case based on its merits. For this reason, a judge is expected to be fearless in the pursuit to render justice, to be unafraid to displease any person, interest or power, and to be equipped with a moral fiber strong enough to resist temptation lurking in her office.Here, it is improper for a judge to have decided a case based only on a directive from a government official and not on the judges own ascertainment of facts and applicable law. (Ramirez v. Corpuz-Macandog, A.M. No. R-351RTJ, Sept. 26, 1986)
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Q: Mayor C was shot by B, the bodyguard of Mayor D, inside the court room of Judge Dabalos. Consequently, an information with no bail recommendation was filed against B and D. The murder case was then scheduled for raffle but before the scheduled date, the son of Mayor C together with their counsel, Atty. Libarios, and other sympathizers staged a rally demanding immediate arrest of the accused. Judge Dabalos then issued an order without prior hearing directing the issuance of a warrant of arrest against the accused. Did the judge commit an act of misconduct? A: Yes. The judge should not issue warrant of arrest without personally evaluating the resolution of the prosecutor and its supporting evidence to establish judicial probable cause (Sec.6, Rule 112, Rules of Crim.Pro). A judge in every case should endeavor diligently to ascertain the facts and the applicable law unswayed by partisan or personal interests, public opinion or fear of criticism. Here, the judge should not have allowed himself to be swayed into issuing a warrant of arrest. (Libarios v. Dabalos A.M. No. RTJ-89-286, July 11, 1991)
Note: In the performance of their judicial duties, judges must not bow down to public opinion, and disregard editorials, columns or TV or radio commentaries on cases pending before them. The highest degree of independence is required of judges. Once a judge gives in to pressures from whatever source, that judge is deemed to have lost his independence and is considered unworthy of the position. More than just a breach of the rudiments laid down in the Code of Judicial Conduct, judges who succumb to pressure and, as a result, knowingly ignore proven facts or misapply the law in rendering a decision commit corruption and face both administrative and criminal prosecution under R.A. 3019 (Anti-Graft and Corrupt Practices Act) and Art. 204, RPC. purely academic or hypothetical questions but not to the extent of asking them to decide a case. Note: It is every judges duty to respect the individual independence of fellow judges.
Sec. 3, Canon 1, NCJC: Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency. (Principle of Sub-judice)
Note: 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. (2007 Bar Question) This section affirms that a judges restraint from exerting influence over other judicial or quasijudicial bodies is required for more than just propriety.
Q: Is the influence exerted by a judge required to be successful in order to constitute misconduct? A: No. Any attempt, whether successful or not, to influence the decision-making process of another judge, especially one who is of lower rank and over whom a judge exercises supervisory authority constitutes serious misconduct. Q: Judge Villamor, in his capacity as the executive judge, designated Judge Pitao as the acting MCTC judge of a municipality. Thereafter, Judge Villamor sent a letter through the wife of a certain accused in a criminal case, which had long been pending before the MCTC. The note is to the effect that Judge Pitao should acquit the accused but when Judge Pitao decided otherwise, Judge Villamor directed the former to forward the record to the latters sala. Judge Villamor then acquitted the accused. Did Judge Villamor commit an act of misconduct? A: Yes. A judge should avoid impropriety and the appearance of impropriety in all activities. A judge shall not influence in any manner the outcome of litigation or dispute pending before another court. This is so because such interference does not only subvert the independence of judiciary but also undermines the peoples faith in its integrity and impartiality. Here,Judge Villamors act of sending a note to Judge Pitao for the latter to decide a case in favor of the accused constitutes undue interference (Sabitsana, Jr. v. Villamor, RTJ No. 90- 474, Oct. 4, 1991)
Sec. 2, Canon 1, NCJC: In performing judicial duties, Judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently. Q: May a judge consult with staff and court officials? A: No. The highest degree of independence is required of judges. He must be independent in
decision-making. However, he can ask colleagues
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Legal Ethics Duties and Responsibilities of Lawyers

labor case does not extinguish the respondents right for attorneys fees. The Court found that while the petitioner and the respondent did not execute a written agreement on the fees in the labor case aside from the Retainer Agreement, the petitioner did categorically and unequivocally admit in its Compulsory Counterclaim that it has engaged the services of the respondent as its counsel for a fee of P60, 000, etc. (Concept Placement Resources Inc. v. Atty. Funk, G.R. No. 137680, February 6, 2004) Q: What are the kinds of retainer agreements on attorneys fees? A: 1. 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. The client pays fixed retainer fees, which could be monthly or otherwise. The fees are paid whether or not there are cases referred to the lawyer; Special retainer It is a fee for a specific or particular case or service rendered by the lawyer for a client. c. Contingency Fee Arrangements Q: What is a contingency fee arrangement? A: Contingent fee where the lawyer is paid for his services depending on the success of the case. This applies usually in civil suits for money or property where the lawyers fee is taken from the award granted by the court.
Note: Contingent fee contracts are subject to the supervision and close scrutiny of the court in order that clients may be protected from unjust charges. The amount of contingent fees agreed upon by the parties is subject to the stipulation that counsel will be paid for his legal services only if the suit or litigation prospers. A much higher compensation is allowed as contingent fees because of the risk that the lawyer may get nothing if the suit fails. (Evangelina Masmud v. NLRC, et. al., G.R. No. 183385, Feb. 13, 2009) Note: The acceptance of an initial fee before or during the progress of the litigation does no detract from the contingent nature of the fees, so long as the bulk thereof is made dependent upon the successful outcome of the action. (Lapena, 2009) Note: If a lawyer employed on contingent basis dies or becomes disabled before the final adjudication or settlement of the case has been obtained, he or his estate will be allowed to recover the reasonable value of the services rendered. The recovery will be allowed only after the successful termination of the litigation in the clients favor. (Morton v. Forsee, Ann. Cas. 1914 D. 197; Lapena, 2009, Pineda, 2009)
Q: Chester asked Laarni to handle his claim to a sizeable parcel of land in Quezon City against a well-known property developer on a contingent fee basis. Laarni asked for 15% of the land that may be recovered or 15% of whatever monetary settlement that may be received from the property developer as her only fee contingent upon securing a favorable final judgment or compromise settlement. Chester signed the contingent fee agreement. Assume the property developer settled the case after the case was decided by the Regional Trial Court in favor of Chester for P1 Billion. Chester refused to pay Laarni P150 Million on the ground that it is excessive. Is the refusal justified? Explain. A: The refusal of Chester to pay is unjustified. A contingent fee is impliedly sanctioned by Rule 20.01(f) of the CPR. A much higher compensation is allowed as contingent fees is consideration of the risk that the lawyer will get nothing if the suit fails. In several cases, the Court has indicated that a contingent fee of 30% of the money or property that may be recovered is reasonable. Moreover, although the developer settled the case, it was after the case was decided by the RTC in favor of Chester, which shows that Atty. Laarni has already rendered service to the client. Q: Assume there was no settlement and the case eventually reached the Supreme Court which promulgated a decision in favor of Chester. This time Chester refused to convey to Laarni 15% of the litigated land as stipulated on the ground that the agreement violates Article 1491 of the Civil Code, which prohibits lawyers from acquiring by purchase properties and rights, which are the object of litigation in which they take part by reason of their profession. Is the refusal justified? Explain. A: Chesters refusal is not justified. A contingent fee arrangement is not covered by Art.1491 of the Civil Code, because the transfer or assignment of the property in litigation takes effect only upon finality of a favorable judgment. (Director of Lands v. Ababa, No. L-26096, February 27, 1979);
2.
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Macariola v. Asuncion, A.C. No. 133-J, May 31, 1982) (2008 Bar Question) Q: Evangelina Masmuds husband, the late Alexander, filed a complaint against his employer for non-payment of permanent disability benefits, medical expenses, sickness allowance, moral and exemplary damages, and attorneys fees. He engaged the services of Atty. Go, as his counsel and agreed to pay attorneys fees on a contingent basis, as follows: 20% of total monetary claims as settled or paid and an additional 10% in case of appeal. Labor Arbiter rendered granted the monetary claims of Alexander. Eventually, after several appeals, the decision being favorable to Evangelina (substituted her deceased husband), the decision became final and executory. Upon motion of Atty. Go, the surety company delivered to the NLRC Cashier, the check amounting to P3,454,079.20. Thereafter, Atty. Go moved for the release of the said amount to Evangelina. Out of the said amount, Evangelina paid Atty. Go the sum of P680,000.00. Dissatisfied, Atty. Go filed a motion to record and enforce the attorneys lien alleging that Evangelina reneged on their contingent fee agreement. Evangelina manifested that Atty. Gos claim for attorneys fees of 40% of the total monetary award was null and void based on Article 111 of the Labor Code. Is her contention correct? A: No. Art. 111. Attorney's fees. (a) In cases of unlawful withholding of wages, the culpable party may be assessed attorney's fees equivalent to ten percent of the amount of the wages recovered. Contrary to Evangelinas proposition, Article 111 of the Labor Code deals with the extraordinary concept of attorneys fees. It regulates the amount recoverable as attorney's fees in the nature of damages sustained by and awarded to the prevailing party. It may not be used as the standard in fixing the amount payable to the lawyer by his client for the legal services he rendered. In this regard, Section 24, Rule 138 of the Rules of Court should be observed in determining Atty. Gos compensation. The said Rule provides: Sec. 24. Compensation of attorneys; agreement as to fees. An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable. The retainer contract between Atty. Go and Evangelina provides for a contingent fee. The contract shall control in the determination of the amount to be paid, unless found by the court to be unconscionable or unreasonable. The criteria found in the Code of Professional Responsibility are also to be considered in assessing the proper amount of compensation that a lawyer should receive. (Canon 20, Rule 20.01, CPR)(Evangelina Masmud v. NLRC, et. al., G.R. No. 183385, Feb. 13, 2009) Q: What is a champertous contract? A: It is one where the lawyer stipulates with his client in the prosecution of the case that 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 or property recovered as compensation. It is void for being against public policy. (Like gambling) (1999, 2000, 2006 Bar Questions)
Note: A champertous contract which is considered void due to public policy, because it would make him acquire a stake in the outcome of the litigation which might lead him to place his own interest above that of the client (Bautista v. Gonzales, A.M. No. 1625, Feb. 12, 1990).
Q: What is the difference between a contingent contract and champertous contract? A:
CONTINGENT CONTRACT
Payable in cash Lawyers do not undertake to pay all expenses of litigation Valid
CHAMPERTOUS CONTRACT
Payable in kind only Lawyers undertake to pay all expenses of litigation Void
Q: The contract of attorney's fees entered into by Atty. Quintos and his client, Susan, stipulates that if a judgment is rendered in favor of the latter, Atty. Quintos gets 60% of the property recovered as contingent fee. In turn, he will
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assume payment of all expenses of the litigation. May Atty. Quintos and Susan increase the amount of the contingent fee to 80%? A: No. Atty. Quintos and Susan cannot agree to increase the amount of the contingent fee to 80% because the agreement is champertous. Even if there is no champertous provision present, the contingent fee of 80% of the property recovered could still be considered as unconscionable, because it is so disproportionate as to indicate that an unjust advantage had been taken of the client, and is revolting to human conscience. Contracts for attorney's fees are always subject to control by the courts. (2006 Bar Question) Rule 20.02, Canon 20, CPR - A lawyer shall, in cases of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed.
Note: This is not in the nature of a brokers commission.
has full knowledge and approval thereof. (Sec. 20 (e), Rule 138) d. Attorneys Lien
Note: A lawyer is not entitled to unilaterally appropriate his clients money for himself by the mere fact alone that the client owes him attorneys fees. (Rayos v. Hernandez, GR No. 169079, February 12, 2007)
Q: Define an attorneys retaining lien. A: A retaining lien is the right of an attorney to retain the funds, 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, and may apply such funds to the satisfaction thereof. (1994, 1995, 1996, 1998, 2000 Bar Questions) Q: What are the requisites in order for an attorney to be able to exercise his retaining lien? A: ALU 1. Attorney-client relationship; 2. Lawful possession by the lawyer of the clients funds, documents and papers in his professional capacity; and 3. Unsatisfied claim for attorneys fees or disbursements. Q: Harold secured the services of Atty. Jarencio to collect from various debtors. Accordingly, Atty. Jarencio filed collection cases against the debtors of Harold and in fact obtained favorable judgments in some. Atty. Jarencio demanded from Harold his attorneys fees pursuant to their agreement but Harold refused. When one of the defendants paid his indebtedness of P20,000 through Atty. Jarencio, the latter refused to turn over the money to Harold; instead, Atty. Jarencio applied the amount to his attorneys fees having in mind the provisions of the Civil Code on legal compensation or set-off to justify his act. Was Atty. Jarencio correct in refusing to turn over to his client the amount he collected? Discuss fully. A: No. A lawyer has a retaining lien which entitled him to retain possession of a clients document, money or other property which come into the hands of the attorney professionally, until the general balance due to him for professional services is paid. Under Section 37, Rule 138 of the Rules of Court, the attorney cannot be compelled to surrender the document in his possession
Q: How does Lawyer- Referral System work? A: Under this system, if another counsel is referred to the client, and the latter agrees to take him as collaborating counsel, and there is no express agreement on the payment of attorneys fees, the said counsel will receive attorneys fees in proportion to the work performed and responsibility assumed. The lawyers and the client may agree upon the proportion but in case of disagreement, the court may fix the proportional division of fees. (Lapena, 2009) Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. (1997, 2003 Bar Questions)
Rationale: Intended To secure the fidelity of the lawyer to his clients cause and to prevent a situation in which the receipt of him of a rebate or commission from another with the clients business may interfere with the full discharge of his duty to his client. (Report of the IBP Committee)
XPN: A lawyer may receive compensation from a person other than his client when the latter
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without prior proof that his fees have been duly satisfied. However, Atty. Jarencio here cannot appropriate the sum of P20,000. If there is a dispute between him and Harold as to the amount of the fees he is entitled, he must file an action for recovery of his fee or record a charging lien so that the court can fix the amount to which he is entitled. (1995 Bar Question) Q: Upon being replaced by Justice C, Atty. B, the former counsel of the parents of the victims of the OZONE Disco tragedy, was directed to forward all the documents in his possession to Justice C. Atty. B refused, demanding full compensation pursuant to their written contract. Sensing that a favorable judgment was forthcoming, Atty. B filed a motion in court relative to his attorneys fees, furnishing his former clients with copies thereof. Is Atty. B legally and ethically correct in refusing to turn over the documents and in filing the motion? Explain. A: Yes. He is entitled to a retaining lien which gives him the right to retain the funds, documents and papers of his client which have lawfully come to his possession until his lawful fees and disbursement have been paid (Sec. 37, Rule 138, Rules of Court; Rule 16.03, Code of Professional Responsibility). Likewise, he is legally and ethically correct in filing a motion in court relative to his fees. He is entitled to a charging lien upon all judgments for the paying of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when the records of the court rendering such judgment or issuing such execution. (1996 Bar Question) Q: Define an attorneys charging lien. A: A charging lien is the right of a lawyer to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments which he has secured in a litigation of his client, 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 court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; 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. (Sec. 37, Rule 138, Revised Rules of Court) (1994, 2008 Bar Questions) Q: What are the requisites in order for an attorney to be able to exercise his charging lien? A: 1. 2. 3. 4. 5. Existence of attorney-client relationship; The attorney has rendered services; Favorable money judgment secured by the counsel for his client; The attorney has a claim for attorneys fees or advances; and A statement of the claim has been duly recorded in the case with notice thereof served upon the client and the adverse party.
Note: A charging lien, to be enforceable as a security for the payment of attorneys fees, requires as a condition sine qua non a judgment for money and execution in pursuance of such judgment secured in the main action by the attorney in favor of his client.
Q: The client with whom you have a retainer agreement had not been paying you contrary to your stipulations on legal fees, even as you continue to appear at hearings in his case. A judgment was finally rendered in your clients favor awarding him the real property in litigation as well as a substantial amount in damages. As the counsel who had not been paid, what steps can you take to protect your interests? A: I will cause a charging lien for my fees to be recorded and attached to the judgment insofar as it is for the payment of money in damages. Then, I will have the right to collect my fees out of such judgments and executions issued in pursuance thereof. (1994 Bar Question) Q: What is the difference between a retaining lien and a charging lien? A: RETAINING LIEN CHARGING LIEN As to Nature Passive lien. It cannot Active lien. It can be be actively enforced. enforced by It is a general lien. execution. It is a special lien. As to Basis Lawful possession of Securing of a papers, documents, favorable money property belonging judgment for client. to the client.
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As to Coverage Covers papers, Covers all judgments documents, and for the payment of properties in the money and execution lawful possession of issued in pursuance of the attorney by such judgments. reason of his professional employment. As to Effect As soon as the As soon as the claim attorney gets for attorneys fees had possession of papers, been entered into the documents, or records of the case. property. As to Applicability May be exercised Generally, exercised before judgment or only when the execution or attorney had already regardless thereof. secured a favorable judgment for his client. As to Extinguishment When possession When client loses lawfully ends as action as lien may only when lawyer be enforced against voluntarily parts with judgment awarded in funds, documents, favor of client, and papers of client proceeds or offers them as thereof/executed evidence. thereon. e. Fees and Controversies with Clients Rule 20.04, Canon 20, CPR - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. (1998 Bar Question) Q: Can a lawyer file a case against his client for the enforcement of attorneys fees? A: GR: A lawyer should avoid the filing of any case against a client for the enforcement of attorneys fees.
Note: The legal profession is not a money-making trade but a form of public service. Lawyers should avoid giving the impression that they are mercenary (Perez v. Scottish Union and National Insurance Co., C.A. No. 8977, March 22, 1946). It might even turn out to be unproductive for him for potential clients are likely to avoid a lawyer with a reputation of suing his clients.
XPN: 1. To prevent imposition 2. To prevent injustice 3. To prevent fraud

Note: A client may enter into a compromise agreement without the intervention of the lawyer, but the terms of the agreement should not deprive the counsel of his compensation for the professional services he had rendered. If so, the compromise shall be subjected to said fees. If the client and the adverse party who assented to the compromise are found to have intentionally deprived the lawyer of his fees, the terms of the compromise, insofar as they prejudice the lawyer, will be set aside, making both parties accountable to pay the lawyers fees. But in all cases, it is the client who is bound to pay his lawyer for his legal representation. (Atty. Gubat v. NPC, G.R. No. 167415, Feb. 26, 2010)
Q: Where and how may attorney's fees be claimed by the lawyer? A: 1. In the same case It may be asserted either in the very action in which the services of a lawyer had been rendered or in a separate action. In a separate civil action 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. 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. Otherwise, the determination of the courts will be premature.
Note: Contracts for employment may either be oral or express.
2.
Q: What are the instances when an independent civil action to recover attorneys fees is necessary? A: 1. Main action is dismissed or nothing is awarded; Court has decided that it has no jurisdiction over the action or has already lost it;
2.
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3. Person liable for attorneys fees is not a party to the main action; Court reserved to the lawyer the right to file a separate civil suit for recovery of attorneys fees; Services for which the lawyer seeks payment are not connected with the subject litigation; and Judgment debtor has fully paid all of the judgment proceeds to the judgment creditor and the lawyer has not taken any legal step to have his fees paid directly to him from the judgment proceeds. Q: Is attorneys fee deemed incorporated in the general prayer for such other relief and remedy as this court may deem just and equitable? A: No. Attorneys fees must be specifically prayed for and proven and justified in the decision itself. (Trans-Asia Shipping Lines, Inc. vs. CA, G.R. No. 118126, March 4, 1996) Q: Can the Court of Appeals review the decision of lower courts fixing attorneys fees? A: Yes. The CA, in the exercise of its jurisdiction to review the decisions of lower courts can determine whether the attorneys fees fixed by said courts are reasonable under the circumstances. After taking into consideration the various factors to guide the courts in the fixing of such fees, an appellate court can reduce the attorneys fees stipulated by the parties in a contract for professional services or awarded by the lower court to levels which it deems reasonable. 8. PRESERVATION OF CLIENTS CONFIDENCES 2. Formal defect or because the court has found the amount to be unconscionable the lawyer may recover for any services rendered based on quantum meruit. CANON 21, CPR - A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF HIS CLIENTS EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED. (1998, 2006 Bar Questions)
Note: The protection given to the client is perpetual and does not cease with the termination of the litigation nor is affected by the party ceasing to employ the attorney and employ another or any other change of relation between them. It even survives the death of the client.
4.
5.
6.
Q: What are the effects of the nullity of contract on the right to attorneys fees? A: If the nullification is due to: 1. The illegality of its object - the lawyer is precluded from recovering; and
Q: To what compensation is a lawyer entitled to? A: 1. Counsel de parte He is entitled to the reasonable attorneys fees agreed upon, or in the absence thereof, on quantum meruit basis. Counsel de oficio The counsel may not demand from the accused attorneys fees even if he wins the case. He may, however, collect from the government funds, if available based on the amount fixed by the court. Amicus Curae not entitled to attorneys fees.
2.
Q: What is confidence? A: It refers to the information protected by the attorney-client privilege. (Report of IBP Committee) Q: What is secret? A: It refers to other information gained in the professional relationship that the client has requested to be held inviolate or the disclosure of which would be embarrassing or detrimental to the client. (Ibid)
3.
Q: Why is there a need to state the reason for the award of attorneys fees in the text of the courts decision? A: The award of attorneys fees being an exception rather than the general rule, it is necessary for the court to make findings of facts and law that would bring the case within the exception and justify the grant of such award. (Agustin vs. CA, G.R. No. 84751, June 6, 1990)
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Rule 21.01, Canon 21, CPR - A lawyer shall not reveal the confidences or secrets of his client except; a. When authorized by the client after acquainting him of the consequences of the disclosure; When required by law; When necessary to collect his fees or to defend himself, his employees or associates or by judicial action. Q: What are the instances when a lawyer may testify as a witness in a case which he is handling for a client? A: 1. On formal matters, such as the mailing, authentication or custody of an instrument and the like; Acting as an expert on his free; Acting as an arbitrator; Depositions; and On substantial matters in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel.
b. c.
2. 3. 4. 5.
Q: May a lawyer reveal the confidences or secrets of his client? A: GR: A lawyer shall not reveal the confidences and secrets of his client.
Note: An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorneys secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity. (Sec. 24(b), Rule 130, RRC)
Rule 21.02, Canon 21, CPR - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto. Q: Bun Siong Yao is a majority stockholder of Solar Farms & Livelihood Corporation and Solar Textile Finishing Corporation. Atty. Leonardo Aurelio is also a stockholder and the retained counsel of both the corporation and Bun Siong Yao. The latter purchased several parcels of land using his personal funds but were registered in the name of the corporations upon the advice of Atty. Aurelio. After a disagreement between Atty. Aurelio and Bun Siong Yaos wife, the former demanded the return of his investment in the corporations but when Yao refused to pay, he filed 8 charges for estafa and falsification of commercial documents against Yao and his wife and the other officers of the corporation. Yao alleged that the series of suits is a form of harassment and constitutes an abuse of the confidential information which Atty. Aurelio obtained by virtue of his employment as counsel. Atty. Aurelio however said that he only handled isolated labor cases for the said corporations. Did Atty. Aurelio abuse the confidential information he obtained by virtue of his employment as counsel? A: Yes. The long-established rule is that an attorney is not permitted to disclose communications made to him in his professional
XPN: a. When authorized by his client after acquainting him of the consequences of the disclosure;
Note: There is a waiver of the privilege by the client. The only instance where the waiver of the client alone is insufficient is when the person to be examined with reference to any privileged communication is the attorneys secretary, stenographer or clerk, in respect to which the consent, too, of the attorney is necessary.
b. c.
When required by law; When necessary to collect his fees or to defend himself, his employees or associates by judicial action.
Note: Payment of retainer fee is not essential before an attorney can be required to safeguard a prospective clients secret acquired by the attorney during the course of the consultation with the prospective client, even if the attorney did not accept the employment.
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character by a client, unless the latter consents. Atty. Aurelio took advantage of his being a lawyer in order to get back at Yao. In doing so, he has inevitably utilized information he has obtained from his dealings with Yao and Yao's companies for his own end. Lawyers cannot be allowed to exploit their profession for the purpose of exacting vengeance or as a tool for instigating hostility against any person most especially against a client or former client. (Bun Siong Yao v. Aurelio, A.C. No. 7023, Mar. 30, 2006) Rule 21.03, Canon 21, CPR - A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any other similar purposes. Q: Certain government officers, armed with search warrant duly issued, seized among other things, a filing cabinet belonging to Atty. X. In seeking the return of the cabinet, Atty. X claimed that the cabinet contained documents and articles belonging to his clients but the government refused to return the cabinet. Atty. X petitioned the court which issued the warrant, praying that the agents be prohibited from opening the cabinet. Should Atty. Xs petition be given due course? A: Yes. The lower court cannot order the opening of said cabinet.. To do so is in violation of his rights as an attorney. It would be tantamount to compelling him to disclose his clients secrets. (Lapena, 2009)
Note: Confidential information obtains even against government agencies and instrumentalities. Funa, 2009)
& Meyer Law Offices. During the meeting, Niko divulged highly private information to Atty. Henry, believing that the lawyer would keep the confidentiality of the information. Subsequently, Niko was shocked when he learned that Atty. Henry had shared the confidential information with his law partner, Atty. Meyer, and their common friend, private practitioner Atty. Canonigo. When confronted, Atty. Henry replied that Niko never signed any confidentiality agreement, and that he shared the information with the two lawyers to secure affirmance of his legal opinion on Nikos problem. Did Atty. Henry violate any rule of ethics? Explain fully. A: Atty. Henry violated Canon No. 21 of the CPR by sharing information obtained from his client Niko with Atty. Canonigo. Canon No. 20 provides that a lawyer shall preserve the confidences or secrets of his client even after the attorney-client relationship is terminated. The fact that Atty. Canonigo is a friend from whom he intended to secure legal opinion on Nikos problem, does not justify such disclosure. He cannot obtain a collaborating counsel without the consent of the client (Rule 18.01, CPR). On the other hand, Atty. Henry did not violate Canon 21 in sharing information with his partner Atty. Meyer. Rule 21.04 of the CPR specifically provides that a lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Atty. Henry was not prohibited from disclosing the affairs of Niko with the members of his law firm. The employment of a member of a firm is generally considered as employment of the firm itself. (Hilado v. David, G.R. No. L-961, Sept. 21, 1949) (2008 Bar Question) Rule 21.05, Canon 21, CPR A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the client. Rule 21.06, Canon 21, CPR A lawyer shall avoid indiscreet conversation about a clients affairs even with members of his family. Rule 21.07, Canon 21, CPR A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.
Rule 21.04, Canon 21, CPR - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.
Note: Professional employment of a law firm is equivalent to retainer of members thereof. In a law firm, partners or associates usually consult one another involving their cases and some work as a team. Consequently, it cannot be avoided that some information about the case received from the client may be disclosed to the partners or associates.
Q: In need of legal services, Niko secured an appointment to meet with Atty. Henry of Henry
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Q: Can the lawyer refuse from disclosing his clients identity? A: GR: A lawyer may not invoke privileged communication to refuse revealing a clients identity. XPN: 1. When there is a strong possibility that revealing the clients name would implicate the client in the very activity for which he sought the lawyers advice; 2. When disclosure would open the client to civil liability; 3. When governments lawyers have no case against an attorneys client and revealing the clients name would furnish the only link that would come from the chain of testimony necessary to convict him. Q: What is the reason why a lawyer may not invoke privileged communication to refuse revealing a clients identity? A: 1. Due process considerations require that the opposing party should know the adversary; The privilege pertain to the subject matter of the relationship; The privilege begins to exist only after attorney-client relationship has been established hence it does not attach until there is a client; and The court has a right to know that the client whose privileged information is sought to be protected is flesh and blood. 9. WITHDRAWAL OF SERVICES CANON 22, CPR - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES (1994,1995,1997,2000,2001,2004,2005, 2008 Bar Question) Q: When is a lawyer allowed to withdraw his services? A: A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances. GR: A lawyer lacks the unqualified right to withdraw once he has taken a case. By his acceptance, he has impliedly stipulated that he will prosecute the case to conclusion. This is especially true when such withdrawal will work injustice to a client or frustrate the ends of justice. XPN: The right of a lawyer to retire from the case before its final adjudication, which arises only from: 1. 2. The clients written consent; or By permission of the court after due notice and hearing.
Q: Does the written consent of the client require approval of the court to be effective? A: The withdrawal in writing of a lawyer as counsel for a party, with the clients written conformity, does not require the approval of the court to be effective, especially if the withdrawal is accompanied by a formal appearance of a new counsel. Q: What are the instances when a lawyer may withdraw his services without the consent of his client? A: FIC MOVIE 1. When the client deliberately Fails to pay the fees for the services or fails to comply with the retainer agreement; 2. When the client pursues an Illegal or immoral course of conduct in connection with the matter he is handling; 3. When the lawyer finds out that he might be appearing for a Conflicting interest; 4. When the Mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; 5. Other similar cases; 6. When the client insists that the lawyer pursue conduct in Violation of these canons and rules; 7. When his Inability to work with co-counsel will not promote the best interest of the client; and 8. When the lawyer is Elected or appointed to a public office. (Rule 22.01, CPR) Q: What is the procedure when withdrawal is without clients consent? A: 1. File a petition for withdrawal in court.
2. 3.
4.
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2. Serve a copy of this petition upon his client and the adverse party at least 3 days before the date set for hearing.
Note: While clients have the right to terminate their relations with their counsel and make substitution or change at any stage of the proceedings, the exercise of such right is subject to compliance with the prescribed requirements. This rule is intended to ensure the orderly disposition of cases, without it there will be confusion in the service of processes, pleadings and other papers.
Note: He should present his petition well in advance of the trial of the action to enable the client to secure the services of another lawyer. If the application is filed under circumstances that do not afford a substitute counsel sufficient time to prepare for trial or that work prejudice to the clients cause, the court may deny his application and require him to conduct the trial. A lawyer should not presume that the court will grant his petition for withdrawal. Until his withdrawal shall have been proved, the lawyer remains counsel of record who is expected by his client as well as by the court to do what the interests of his client require.
Q: What are the limitations on clients right to discharge the services of his lawyer? A: When made with justifiable cause, it shall negate the attorneys right to full payment of compensation. 2. The attorney may, in the discretion of the court, intervene in the case to protect his right to fees. 3. A client may not be permitted to abuse his right to discharge his counsel as an excuse to secure repeated extensions of time to file a pleading or to indefinitely avoid a trial. Q: Is notice of discharge necessary? A: It is not necessary between client and attorney. But insofar as the court and the adverse party is concerned, the severance of the relation of attorney and client is not effective until: 1. A notice of discharge by the client or a manifestation clearly indicating that purpose is filed with the court; and 2. A copy thereof served upon the adverse party. Q: What should a lawyer do if no notice of discharge was filed by the client with the court? A: If the client has not filed a notice of discharge, the duty of the attorney, upon being informed by his client that his services have been dispensed with, is to file: 1. 2. A notice of withdrawal with the clients conformity; or An application to retire from the case, he being released from professional responsibility only after his dismissal or withdrawal is made of record. 1.
a. Discharge of the Attorney by the Client (1994,1997,1998 Bar Question) Q: Can a client discharge the services of his lawyer without a cause? A: Yes. A client has the right to discharge his attorney at any time with or without a cause or even against his consent. 1. With just cause lawyer is not necessarily deprived of his right to be paid for his services. He may only be deprived of such right if the cause for his dismissal constitutes in itself a sufficient legal obstacle to recovery. Without just cause a. No express written agreement as to fees- reasonable value of his services up to the date of his dismissal (quantum meruit). b. There is written agreement and the fee stipulated is absolute and reasonable full payment of compensation. c. The fee stipulated is contingent. d. If dismissed before the conclusion of the action- reasonable value of his services (quantum meruit) e. If contingency occurs or client prevents its occurrence full amount.
2.
Note: Lawyer should question his discharge otherwise he will only be allowed to recover on quantum meruit basis. Note: The existence or non-existence of a just cause is important only in determining the right of an attorney to compensation for services rendered.
Q: What are the conditions for substitution of counsel? A: 1. 2. 3. Written application Written consent of the client Written consent of the attorney to be substituted, or in the absence thereof,
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proof of service of notice of said motion to the attorney to be substituted in the manner prescribed by the rules. b. Withdrawal by the Attorney Rule 22.01, Canon 22, CPR - A lawyer may withdraw his services in any of the following case: a. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; When the client insists that the lawyer pursue conduct violative of these canons and rules; When the inability to work with cocounsel will not promote the best interest of the client; When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement When the lawyer is elected or appointed to public office; and Other similar cases. by the defendant. But the client insisted on the directive, or else he would not pay the agreed attorneys fees. When the case was called for hearing the next morning the lawyer forthwith moved in open court that he be relieved as counsel for the defendant. Both the defendant and the plaintiffs counsel objected to the motion. Under the given facts, is the defense lawyer legally justified in seeking withdrawal from the case? Why or why not? Reason briefly. A: Yes, he is justified. Under rule 22.01 of the CPR, a lawyer may withdraw his services if the client insists that the lawyer pursue conduct violative of these canon and rules. The insistence of the client that the lawyer present witnesses whom he personally knows to have been perjured, will expose him to criminal and civil liability and violate his duty of candor, fairness and good faith to the court. Q: Was the motion for relief as counsel made by the defense lawyer in full accord with the procedural requirements for a lawyers withdrawal from a court case? Explain briefly. A: No his actuation is not in accord with the procedural requirements for the lawyers withdrawal from a court case. Whether or not a lawyer has a valid cause to withdraw from a case, he cannot just do so and leave the client in the cold unprotected. He must serve a copy of his petition upon the client and the adverse party. He should, moreover, present his petition well in advance of the trial of the action to enable the client to secure the services of another lawyer. (2004 Bar Question) Q: Atty. X filed a notice of withdrawal of appearance as counsel for the accused Y after the prosecution rested its case. The reason for the withdrawal of Atty. X was the failure of accused Y to affix his conformity to the demand of Atty. X for increase in attorney's fees. Is the ground for withdrawal justified? Explain. A: The ground for the withdrawal is not justified. Rule 22.01 (e) of the Code of Professional Responsibility provides that a lawyer may withdraw his services when the client deliberately fails to pay the fees for his services or fails to comply with the retainer agreement. In this case, the client has not failed to pay the lawyer's fees or to comply with the retainer agreement. He has only refused to agree with the lawyer's demand
b.
c.
d.
e.
f. g.
Note: In all the a-e cases above, the lawyer must file
a written motion with an express consent of his client and the court shall determine whether he ought to be allowed to retire. Note: He may also retire at any time from an action or special proceeding without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. (Sec. 26, Rule 138, RRC)
Q: What is Hot Potato Doctrine? A: It refers to the prohibition from dropping smaller clients (like hot potatoes) in order to pick up more lucrative clients. Q: On the eve of the initial hearing for the reception of evidence for the defense, the defendant and his counsel had a conference where the client directed the lawyer to present as principal defense witnesses 2 persons whose testimonies were personally known to the lawyer to have been perjured. The lawyer informed his client that he refused to go along with the unwarranted course of action proposed
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for an increase in his fees. It is his right to refuse that is part of his freedom of contract. (2000 Bar Question) Rule 22.02, Canon 22,CPR - A lawyer who withdraws or is discharged shall, subject to a retaining lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. Q: What are the duties of a discharged lawyer or one who withdraws? A: 1. Immediately turn-over all papers and property to which the client is entitled; and To cooperate with his successor in the orderly transfer of the case. c. Liabilities of a Lawyer Q: What are the requisites for the liability of a lawyer for damages? A: AWI 1. Attorney-client relationship; 2. Want of reasonable care and diligence by lawyer 3. Injury sustained by client as a proximate result of the lawyers negligence. Q: What are the kinds of damages? A: 1. Nominal where client lost the litigation as a consequence of lawyers gross omission of negligence Actual/ Compensatory Moral Attorneys fees 5. 6. Violation of communication privilege; Liability for costs of suit (treble costs) when lawyer is made liable for insisting on client's patently unmeritorious case or interposing appeal merely to delay litigation.
Q: When will the liability of a lawyer for breach of fiduciary obligation arise? A: A lawyer may be held liable if he fails in his obligation to make an accounting of funds or property that may come to his possession for a lawyer holds his clients funds or property in trust for his client. Q: What are the effects of lawyers failure to return clients money or property after demand? A: 1. 2. 3. 4. There will be a presumption that the lawyer misappropriated the same; It will give rise to civil liability of the lawyer; Criminal liability Administrative liability.
2.
Q: What is the remedy of the client? A: Recover property from lawyer, together with its fruits, subject to clients returning to his lawyer the purchase price thereof and the legal interests thereon. Q: When is a lawyer not liable for libelous words in the pleadings? A: A lawyer is exempted from liability for slander, libel or for words otherwise defamatory, published in the course of judicial proceedings, provided the statements are connected with, relevant, pertinent and material to the cause in hand or subject of inquiry.
Note: Test of relevancy The matter to which the privilege does not extend must be palpably wanting in relation to the subject of controversy, that no reasonable man can doubt its relevancy or propriety. Pleadings should contain plain and concise statements of material facts and if pleader goes beyond requisites of law and alleges irrelevant matter, which is libelous, he loses his privilege and may be liable in a separate suit.
2. 3. 4.
Note: For nos. 2-4 there should be a showing that: 1. The lawyer had exercised due diligence 2. His client would have succeeded in recovering from adverse party.
Q: When will civil liability arise? A: 1. 2. 3. 4. Client is prejudiced by lawyer's negligence or misconduct; Breach of fiduciary obligation; Civil liability to third persons; Libelous words in pleadings;
Q: Who is liable for the payment of costs of suits?
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A: GR: Losing client and not the lawyer is liable for costs of suit in favor of prevailing party, the lawyer not being a party-litigant. XPN: Where the lawyer insisted on clients patently unmeritorious case or interposed an appeal to delay litigation or thwart prompt satisfaction of prevailing partys just and valid claim, the court may adjudge lawyer to pay treble costs of suit. Q: When will criminal liability exist? A: A lawyer may be held criminally liable if he commits any of the following: 1. Causing prejudice to the client thru malicious breach of professional duty or thru inexcusable negligence or ignorance; 2. Revealing clients secrets learned in lawyers professional capacity thru malicious breach of professional duty or inexcusable negligence or ignorance; 3. A lawyer who has undertaken the defense of a client or has received confidential information from said client in a case may be criminally liable for undertaking defense of opposing party in same cause without consent of first client; (Art. 209, RPC) A lawyer who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with intent to cause such damage, shall use any false document may be held criminally liable therefor; (Art. 172, RPC) and A lawyer who misappropriates his clients funds may be held liable for estafa.
4.
5.
NOTE: Estafa is also committed in unauthorized practice of law.
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until further action of the Supreme Court in the case; (Sec. 16, Rule 139-B) and Probation. (IBP Guidelines)
III. DISCIPLINE OF LAWYERS 5. A. NATURE AND CHARACTERISTICS OF DISCIPLINARY ACTIONS AGAINST LAWYERS Q: What is the rationale of disciplining errant lawyers? A: Practice of law is not a natural or constitutional right, but it is in the nature of a privilege franchise. Hence, the same may be suspended or removed from the lawyer for reasons provided in the rules, law and jurisprudence. Q: What is the purpose of disciplining lawyers? 6. A: To ascertain that a lawyer still possesses those qualifications which are conditions precedent for the continuous practice of law and; to deter others from similar misconduct, to protect the court and the public from the misbehavior of its officers. Q: What is the nature of the power to discipline? A: The power to discipline a lawyer is JUDICIAL in nature and can be exercised only by the courts. It cannot be defeated by the legislative or executive departments.
Note: The power to disbar and to reinstate is an inherently judicial function (Andres v. Cabrera, SBC585, February 29, 1984)
Note: The CA and RTC cannot disbar a lawyer.
Q: What are the other sanctions and remedies? A: RALARRO 1. 2. 3. 4. 5. Restitution; Assessment of costs; Limitation upon practice; Appointment of a receiver; Requirement that a lawyer take the bar examination or professional responsibility examination; Requirement that a lawyer attend continuing education courses; and Other requirements that the highest court or disciplinary board deems consistent with the purposes of the sanctions.
7.
Q: What are the forms of disciplinary measures? A: WARCS-DIP 1. Warning an act of putting one on his guard against an impending danger, evil, consequence or penalty; Admonition a gentle or friendly reproof, mild rebuke, warning, reminder, or counseling on a fault, error or oversight; an expression of authoritative advice; Reprimand a public and formal censure or severe reproof, administered to a person at fault by his superior officer or the body to which he belongs; Censure official reprimand; Suspension temporary withholding of a lawyers right to practice his profession as a lawyer for a certain period or for an indefinite period of time: a. Definite; b. Indefinite qualified disbarment; lawyer determines for himself how long or how short his suspension shall last by proving to court that he is once again fit to resume practice of law. Disbarment it is the act of the Supreme Court of withdrawing from an attorney the right to practice law. The name of the
2.
Q: What are the powers of the Supreme Court with regard to the discipline of errant lawyers? A: WARDSIP 1. Warn; 2. Admonish; 3. Reprimand; 4. Disbar; 5. Suspend a lawyer; [Sec. 27, Rule 138, Revised Rules of Court (RRC)] 6. Interim suspension; and 7. Probation. (IBP Guidelines) Q: What about the Court of Appeals and the Regional Trial Court? A: They are also empowered to: WARSP 1. Warn; 2. Admonish; 3. Reprimand; 4. Suspend an attorney from practice for any of the causes named in Sec 27, Rule 138
3.
4. 5.
6.
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Legal Ethics discipline of lawyers

lawyer is stricken out from the Roll of Attorneys; 7. Interim Suspension it is the temporary suspension of a lawyer from the practice of law pending imposition of final discipline; Includes: a. Suspension upon conviction of a serious crime; b. Suspension when the lawyers continuing conduct is or is likely to cause immediate and serious injury to a client or public 8. Probation it is a sanction that allows a lawyer to practice law under specified conditions. (2002, 2004 Bar Question) complaints against lawyers, should be struck down as void and of no legal effect for being ultra vires. (Heirs of Falame v. Atty. Baguio, A.C. No. 6876, Mar. 7, 2008) Q: May a lawyer be suspended or disciplined for his misconduct in his private capacity? A: GR: No. XPN: if the misconduct is so GROSS as to show him to be wanting in moral character, honesty, probity and demeanor (Ducat, Jr. v. Villalon, A.C. No. 3910, June 28, 2001). Q: Atty. Gutierrez phoned Yuhico and asked for a cash loan claiming that he needed money to pay for the medical expenses of his mother who was seriously ill, and promised to pay the loan very soon. Consequently, he asked Yuhico again for a loan to pay for his wifes hospitalization and again promised to pay within a short time but failed to do so. Later, he again attempted to borrow money for his daughters licensure examination in the US Medical Board and assured Yuhico that he will pay his debts on or before a certain date but Yuhico refused to lend him the money, instead, he demanded payment of his debts. Atty. Gutierrez failed to pay which led to the filing of a complaint before the IBPCBD for non-payment of just debts. It turned out that Atty. Gutierrez was previously disbarred in the case of Huyssen v Atty. Gutierrez for gross misconduct in view of his failure to pay his debts and his issuance of worthless checks. May Atty. Gutierrez be disbarred for the second time? A: NO. The SC held that while the IBP recommended to disbar Atty. Gutierrez for the second time, we do not have double or multiple disbarment in our laws or jurisprudence and neither do we have a law mandating a minimum 5-year requirement for readmission, as cited by the IBP. Thus, while Gutierrezs infraction calls for the penalty of disbarment, they cannot disbar him anew. (Yuhico v Atty. Gutierrez, A.C. No. 8391, November 23, 2010) B. GROUNDS Q: What are the grounds for suspension and disbarment of members of the bar under the Rules of Court? A: The following are specific grounds for suspension or disbarment of a lawyer: a. Deceit; b. Malpractice;
Q: What is the nature of the disciplinary actions against lawyers? A: Administrative cases against lawyers belong to a class of their own (sui generis). They are distinct from and may proceed independently of civil and criminal cases (In re Almacen, G.R. No. L-27654
February 18, 1970; Funa, 2009).
Q: What are the main objectives of disbarment and suspension? A: To: 1. Compel the attorney to deal fairly and honestly with his clients; 2. 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; 3. Punish the lawyer; 4. Set an example or a warning for the other members of the bar; 5. Safeguard the administration of justice from incompetent and dishonest lawyers; 6. Protect the public.
Note: The purpose and the nature of disbarment proceedings make the number of defenses available in civil and criminal actions inapplicable in disciplinary proceedings.
Q: Is there a prescriptive period for filing administrative complaints against lawyers? A: None. Rule VII, Section 1 of the Rules of Procedure of the CBD-IBP, which provides for a prescriptive period for the filing of administrative
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c. d. e. f. g. Grossly immoral conduct Conviction of a crime involving moral turpitude; Violation of oath of office; Willful disobedience of any lawful order of a superior court Corrupt or willful appearance as an attorney for a party to a case without authority to do so. (Sec. 27, Rule 138, RRC) Q: What is deceit? A: Deceit is a fraudulent and deceptive misrepresentation, artifice or device used by one or more persons to deceive and trick another who is ignorant of the true facts, to the prejudice and damage of the party upon which it was imposed. There must be false representation as a matter of fact. (e.g. Misappropriation of clients fund)
Note: There is deceit when the act is performed with deliberate intent (Art. 3, RPC)
Note: Kinds of grounds for the suspension and disbarment of a lawyer consist of those acts of misconduct committed: 1. Prior to admission to the bar- acts of
Malpractice misconduct prior to admission include those that indicate that at the time the lawyer took his oath, he did not possess the required qualifications for membership in the bar. Consequently, the cancellation of his license is justified.
2. After admission to the bar - those which cause loss of moral character on his part or involve violation of his duties to the court, his client, to the legal profession and to the public.
Q: What is malpractice? A: Malpractice refers to any malfeasance or dereliction of duty committed by a lawyer (Tan Tek Beng v. David, Adm. Case No. 1261, December 29 1983; Lapena,Jr., 2009)
Note: Legal malpractice consists of failure of an attorney to use such skill, prudence and diligence as a lawyer of ordinary skill and capacity commonly possess and exercise in the performance of tasks which they undertake, and when such failure proximately causes damage, it gives rise to an action in tort. (Tan Tek Beng v. David, A.C. No. 1261, Dec. 29, 1983)
Note: Disbarment and suspension of a lawyer, being the most severe forms of disciplinary sanction, should be imposed with great caution and only in those cases where the misconduct of the lawyer as an officer of the court and a member of the bar is established by clear, convincing and satisfactory proof. (Vitug v. Rongcal, A.C. No. 6313, Sept. 7, 2006) Disbarment is merited when the action is not the lawyers first ethical infraction of the same nature. (Que v. Revilla, A.C. No. 7054, Dec. 4, 2009)
Grossly Immoral Conduct Q: What is Gross Misconduct? A: Gross Misconduct is any inexcusable, shameful or flagrant unlawful conduct on the part of the person concerned in the administration of justice which is prejudicial to the rights of the parties or to the right determination of a cause, a conduct that is generally motivated by a predetermined, obstinate or intentional purpose. (Yumol Jr. v. Ferrer, Sr., A.C. No. 6585, April 21, 2005)
Q: What is Grossly Immoral Conduct?
Q: Are the grounds for disbarment exclusive? A: No. A lawyer may be removed from office or suspended from the practice of law on grounds other than those specifically provided in the law. The statutory enumeration is not to be taken as a limitation on the general power of SC to suspend or disbar a lawyer. (In Re: Puno, A.C. No. 389, Feb. 28, 1967)
Note: The Court has disbarred or suspended lawyers for reasons not found in the statute as when their acts are contrary to honesty or good morals or do not approximate the highest degree of morality and integrity expected of the members of the bar. (Sta. Maria v. Tuazon, A.C. No. 396, July 31, 1964)
A: Grossly immoral conduct is 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. (Vitug v. Rongcal, A.C. No. 6313, Sept. 7, 2006);
Note: Mere intimacy between a lawyer and a woman with no impediment to marry each other, and who voluntarily cohabited and had two children, is neither so corrupt to constitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary action against the man as a member of the bar. (Arciga v. Maniwang, A.C. No. 1608, Aug. 14, 1981)
Deceit
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Conviction of a Crime Involving Moral Turpitude Q: What is Moral Turpitude? A: Moral turpitude has been defined as everything
that is done contrary to justice, honesty, modesty, or good morals, an act of baseness, vileness, or depravity in the private duties which a man owes his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty modesty, or good morals. (Soriano v. Dizon, A. C. No. 6792, Jan. 25, 2006)
3.
Representing conflicting interests. (Art. 209, RPC)
Q: What are the other grounds for disciplining a lawyer? A: 1.
Non-professional misconduct GR: A lawyer may not be suspended or disbarred for misconduct in his nonprofessional or private capacity. XPN: Where such is so gross as to show him to be morally unfit for office or unworthy of privilege, the court may be justified in suspending or removing him from the Roll of Attorneys. (2005 Bar Question)
Note: The issuance of worthless checks constitutes gross misconduct as its effect transcends the private interests of the parties directly involved in the transaction and touches the interests of the community at large.
Violation of oath of office

Note: The Lawyers Oath is a solemn affirmation of the lawyers lifetime commitment to be a loyal citizen, law-abiding person, a defender of truth and justice, an advocate of the rule of law, an exemplar of loyalty a fidelity to the courts and to clients and a model to emulate both in his professional and private life. (In re: Arthur Cuevas, Jr., Bar Matter No. 810, January 27, 1998)
Q: what are the specific grounds that may constitute violation of the lawyers oath? A: The specific grounds that would constitute violation of the lawyers oath are: 1. 2. 3. 4. Commission of falsehood Instituting baseless or unfounded complaints Engaging in dilatory actions for an ulterior motive Malpractice or reprehensible conduct in dealing with the court of his client. (Lapena, Jr., 2009)
2.
Gross immorality An act of personal immorality on the part of a lawyer in his private relation with opposite sex may put his character in doubt. But to justify suspension or disbarment, the act must not only be immoral, it must be grossly immoral. (Abaigar v. Paz, A.M. No. 997, Sept. 10, 1979)
Note: Cohabitation per se is not grossly immoral. It depends on circumstances and is not necessary that there be prior conviction for an offense before lawyer may be disciplined for gross immorality. If the evidence is not sufficient to hold a lawyer liable for gross immorality, he may still be reprimanded where evidence shows failure on his part to comply with rigorous standards of conduct required from lawyers.
Corrupt or Willful Appearance as Attorney for a Party to a Case Without Authority to do so (Refer to Sanctions for Practice of Law Without Authority) Q: What are the other statutory grounds for suspension and disbarment of members of the bar? A: Other statutory grounds include: 1. Acquisition of interest in the subject matter of the litigation, either through purchase or assignment; (Art. 1491, New Civil Code) 2. Breach of professional duty, inexcusable negligence, or ignorance, or for the revelation of the clients secrets; (Art. 208, Revised Penal Code)
3.
Conviction of a crime involving moral turpitude All crimes of which fraud or deceit is an element or those inherently contrary to rules of right conduct, honesty or morality in civilized community. Promoting to violate or violating penal laws Misconduct in discharge of official duties A lawyer who holds a government office may not be disciplined as a member of the
4.
5.
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bar for misconduct in the discharge of his duties as government official. However, if the misconduct is in violation of the CPR or of his oath as a lawyer or is of such a character as to affect his qualifications as a lawyer, he may be subject to disciplinary action such as disbarment. (Collantes v. Renomeron, A.C. No. 3056, Aug. 16, 1991)
Note: This rule does not apply to impeachable officials like SC justices, members of constitutional commissions and Ombudsman because they can be removed only by impeachment.
6. 7. 8. 9.
Failing to account or misappropriating clients property; Collecting unreasonable fees; Acting without authority; Willfully appearing without being retained.
Note: Sanction: Disciplinary action
Q: What are the acts constituting breach of duties to the bar? A: 1. 2. 3. 4. 5. 6. Defaming fellow lawyers; Communicating with adverse party; Soliciting business; Advertising; Cooperating in illegal practice of law; Non-payment of IBP dues.
6. 7.
Commission of fraud or falsehood; and Misconduct as notary public
Note: Sanction: Disciplinary action Note: By applying for having himself commissioned as notary public, a lawyer assumes duties in a dual capacity, the nonperformance of which may be a ground for discipline as a member of the bar.
C. DISBARMENT PROCEEDINGS Q: What are the characteristics of disbarment proceedings? A: 1. Sui Generis a. Neither purely civil nor purely criminal, they do not involve a trial of an action or a suit, but are rather investigations by the Court into the conduct of one of its officers. b. Not a civil action because there is neither plaintiff nor respondent, and involves no private interest. The complainant is not a party and has no interest in the outcome except as all citizens have in the proper administration of justice. There is no redress for private grievance. c. Not a criminal prosecution because it is not meant as a punishment depriving him of source of livelihood but rather to ensure that those who exercise the function should be competent, honorable and reliable so that the public may repose confidence in them.
Q: What are the acts constituting breach of duties to court? A: 1. 2. 3. 4. 5. 6. 7. 8. Obstructing justice and abuse of legal process; Misleading the court; Forum shopping; Preferring false charges; Introducing false evidence; Willfully disobeying court orders and disrespecting the court; Using vicious or disrespectful language; Continuing practice after suspension.
Note: Sanction: Admonition, censure, suspension or disbarment.
Q: What are the acts constituting breach of duties to client? A: 1. 2. 3. Negligence in the performance of his duties; Employment of unlawful means; Deceit or misrepresentation to the prejudice of or as a means to defraud his client; Representing adverse interests and revealing clients secrets; Purchasing clients property in litigation;
4. 5.
Note: A disbarment proceeding may proceed regardless of interest or lack of interest of the complainant (Rayos-Ombac v. Rayos, A.C. No. 2884, January 28, 1998). However, if the complainant refuses to testify and the charges cannot then be substantiated, the court will have no alternative but to dismiss the case. (2000 Bar Question)
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2. The defense of double jeopardy cannot be availed of in a disbarment proceeding; 3. It can be initiated motu proprio by the SC or IBP. It can be initiated without a complaint; 4. It is imprescriptible; 5. Conducted confidentially; 6. It can proceed regardless of the interest or the lack thereof on the part of the complainant; and 7. It in itself constitutes due process of law. 8. Whatever has been decided in a disbarment case cannot be a source of right that may be enforced in another action; 9. In pari delicto rule not applicable; 10. No prejudicial question in disbarment proceedings; 11. Penalty in a disbarment case cannot be in the alternative; and 12. Monetary claims cannot be granted except restitution and return of monies and properties of the client given in the course of the lawyer-client relationship. Q: What is the three-fold purpose confidentiality of disbarment proceedings? A: 1. To enable the court to make its investigation free from extraneous influence or interference; To protect the personal and professional reputation of attorneys from baseless charges of disgruntled, vindictive and irresponsible persons or clients by prohibiting publication of such charges pending their final resolution (Albano v. Coloma, A.C. No. 528, Oct. 11, 1967); To deter the press from publishing charges or proceedings based thereon for even a verbatim reproduction of the complaint against an attorney in the newspaper may be actionable. (1991 Bar Question) of A: 1. 2. 3. Supreme Court; IBP through its Commission on Bar Discipline or authorized investigator; and Office of the Solicitor General.
Q: What are the purposes of disbarment as a means of disciplining erring lawyers? A: The purposes of disbarment are: 1. To protect the public 2. To protect and preserve profession; and
the
legal
Note: The reason is because it is the court which admits an attorney to the bar and the court requires for such admission the possession of a good moral character. Disbarment is necessary so that respectability of the bar will be maintained. (1991 Bar Question)
3.
To compel the lawyer to comply with his duties and obligations under the CPR.
Q: Who has the burden of proof? A: The burden of proof is upon the complainant and the SC will exercise its disciplinary power only if the complainant establishes his case by the required quantum of proof which is clear, convincing and satisfactory evidence. (Aquino v. Mangaoang, A.C. No. 4934, Mar. 17, 2004)
Note: In the absence of contrary proof, the presumption is that the lawyer is innocent of the charges, and has performed his duty as an officer of the court in accordance with his oath, and the disbarment case should be dismissed. However, the court can still impose conditions despite dismissal of disciplinary action against an erring lawyer, if the facts so warrant. In the event the lawyer fails to comply with such condition, the court may suspend or disbar him for disobedience of its order. A lawyer who has been suspended or disbarred cannot practice law without being held liable for contempt of court. The suspended lawyer may be disbarred for violation of the suspension order. Such judgment however does not prohibit pro se practice. (Geeslin v. Navarro, A.C. No. 2033, May 1990).
2.
3.
Note: The confidentiality of the proceedings is a privilege which may be waived by the lawyer in whom and for the protection of whose personal and professional reputation it is vested, as by presenting the testimony in a disbarment case or using it as impeaching evidence in a civil suit. (Villalon v. IAC, G.R. No. L-73751, Sept. 24, 1986)
a. Procedure for Disbarment BAR MATTER NO. 1960 (May 1, 2000) AMENDMENT OF SECTION 1, RULE 139-B OF THE REVISED RULES OF COURT
Q: What are the offices authorized to investigate disbarment cases?
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Q: How is a disbarment proceeding instituted? A: Proceedings for disbarment, suspension or discipline of attorneys may be taken by the: 1. 2. Supreme Court motu proprio; or Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts. Disbarment Proceedings Before the IBP The IBP Board of Governors may: 1. 2. 3. 4. Motu proprio; or Upon referral by the Supreme Court; or By a Chapter Board of Officers; or At the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service; Provided, however, that all charges against Justices of the Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided, further, that charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication. requiring him to answer within 15 days from service. 3. The respondent shall file a verified answer containing 6 copies; after receipt of the answer or lapse of the period to do so, the Supreme Court, may, motu proprio or at the instance of the IBP Board of Governors, upon recommendation by the investigator, suspend an attorney from practice, for any of the causes under Rule 138, Sec. 27, during the pendency of the investigation After joinder of the issues or failure to answer, the respondent shall be given full opportunity to defend himself. But if the respondent fails to appear to defend himself in spite of notice, the investigator may proceed ex parte. The investigation shall be terminated within 3 months from commencement which period may be extended. The investigator shall make a report to the Board of Governors within 30 days from termination of the investigation which report shall contain his findings and recommendations together with the evidence. The Board of Governors shall have the power to review the decision of the investigator. Its decision shall be promulgated within a period not exceeding 30 days from the next meeting of the Board following the submission of the report of the investigator. If the decision is a finding of guilt of the charges, the IBP Board of Governors shall issue a resolution setting forth its findings and recommendations which shall be transmitted to the Supreme Court for final action together with the record. If the decision is for exoneration, or if the sanction is less than suspension or dismissal, the Board shall issue a decision exonerating the respondent of imposing a lesser sanction. The resolution exonerating the respondent shall be considered as terminating the case unless upon petition of the complainant or other interested party filed with the Supreme Court within 15 days from notice of the Boards decision. Resolution of the Court En Banc dated June 17, 2008 B.M. No. 1755
4.
5.
6.
7.
"Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator. (Sec. 1, third par., Rule 139-B, RRC) Procedural Steps for Disbarment in the IBP: 1. The Board of Governors shall appoint from among the IBP members an investigator or when special circumstances so warrant, a panel of 3 investigators to investigate the complaint; If the complaint is meritorious, the respondent shall be served with a copy
2.
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(Re: Rules of Procedure of the Commission on Bar Discipline) Q: Is a motion for reconsideration allowed? A: It depends. 1. A party can no longer file a motion for reconsideration of any order or resolution of the Investigating Commissioner, such motion being a prohibited pleading. 2. Regarding the issue of whether a motion for reconsideration of a decision or resolution of the Board of Governors (BOG) can be entertained, an aggrieved party can file said motion with the BOG within fifteen (15) days from notice of receipt thereof by said party. In case a decision is rendered by the BOG that exonerates the respondent or imposes a sanction less than suspension or disbarment, the aggrieved party can file a motion for reconsideration within the 15-day period from notice. If the motion is denied, said party can file a petition for a review under Rule 45 of the Rules of Court with the Supreme Court within fifteen (15) days from notice of the resolution resolving the motion. If no motion for reconsideration is filed, the decision shall become final and executory and a copy of said decision shall be furnished the Supreme Court. If the imposable penalty is suspension from the practice of law or disbarment, the BOG shall issue a resolution setting forth its findings and recommendations. The aggrieved party can file a motion for reconsideration of said resolution with the BOG within fifteen (15) days from notice. The BOG shall first resolve the incident and shall thereafter elevate the assailed resolution with the entire case records to the Supreme Court for final action. If the 15-day period lapses without any motion for reconsideration having been filed, then the BOG shall likewise transmit to this Court the resolution with the entire case records for appropriate action.
Note: Lawyers must update their records with the IBP by informing the IBP National Office or their respective chapters of any change in office or residential address and other contact details. In case such change is not duly updated, service of notice on the office or residential address appearing in the records of the IBP National Office shall constitute sufficient notice to a lawyer for purposes of administrative proceedings against him. (Keld Stemmerik v. Atty. Leonuel Mas, A.C. No. 8010, June 16, 2009)
Disbarment Proceedings Before the Supreme Court 1. In proceedings initiated motu proprio by the Supreme Court or in other proceeding when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court, in which case the investigation shall proceed in the same manner provided in Sections 6 to 11 of Rule 139-B, RRC, save that the review of the report of investigation shall be conducted directly by the Supreme Court (Sec. 13, Rule 139-B, RRC)
Note: Reference of the Court to the IBP of complaints against lawyers is not mandatory (Zaldivar v. Sandiganbayan, G.R. Nos. 79590707; Zaldivar v. Gonzales, G.R. No. 80578, October 7,1988). Note: Reference of complaints to the IBP is not an exclusive procedure under Rule 139-B, RRC. The Court may conduct disciplinary proceedings without the intervention of the IBP by referring cases for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court. In such case, the report or recommendation of the investigating official shall be reviewed directly by the Supreme Court. (Bautista v. Gonzales, A.M. No. 1626, February 12,1990; Funa, 2009)
3.
4.
2.
Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court a report containing his findings of fact and recommendations together with the record and all the evidence presented in the investigation for the final action of the Supreme Court. (Sec. 14, Rule 139-B, RRC)
Q: Atty. Narags spouse filed a petition for disbarment because her husband courted one of his students, maintained the said student as a mistress and had children with her. On the other hand, Atty. Narag claimed that his wife was a possessive, jealous woman who abused him and filed the complaint against him out of spite. Atty. Narag, however, failed to refute the testimony given against him. His actions were of public knowledge. Is Atty. Narags disbarment appropriate?
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A: Yes, Atty. Narag failed to prove his innocence because he failed to refute the testimony given against him and it was proved that his actions were of public knowledge and brought disrepute and suffering to his wife and children. Good moral character is a continuing qualification required of every member of the bar. Thus, when a lawyer fails to meet the exacting standard of moral integrity, the Supreme Court may withdraw his or her privilege to practice law. When a lawyer is found guilty of gross immoral conduct, he may be suspended or disbarred. As a lawyer, one must not only refrain from adulterous relationships but must not behave in a way that scandalizes the public by creating a belief that he is flouting those moral standards. (Narag v. Atty. Narag, A.C. No. 3405, June 29, 1998) Q: What is the effect of a lawyers death during pendency of disciplinary action against him? A: 1. 2. Renders the action moot and academic, but The Court may still resolve the case on its merit in order to clear publicly the name of the lawyer.
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PROCEDURE FOR DISBARMENT OR DISCIPLINE OF ATTONEYS BY THE SUPREME COURT MOTU PROPRIO (Rule 139-B, RRC)
Supreme Court shall refer the case to an investigator, who may either be: 1. 2. 3. Solicitor General, Any officer of the SC, or Any judge of a lower court
Notify Respondent
RESPONDENTS VERIFIED ANSWER (Must be filed within 15 days from service) INVESTIGATION (Terminate within 3 months)
REPORT TO SUPREME COURT (to be submitted not later than 30 days from investigations termination) REPORT MUST CONTAIN THE INVESTIGATORS: 1. 2. Findings of fact Recommendations SUPREME COURT FOR REVIEW or JUDGMENT
Note: An investigating judge cannot dismiss a case. The investigating judges authority is only to investigate, make a report and recommendation on the case to be submitted to the SC for final determination. (Garciano v. Sebastian, A.M. MTJ-88-160, Mar. 30, 1994)
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PROCEDURE FOR DISBARMENT OR DISCIPLINE OF ATTORNEYS BY THE IBP (Rule 139-B, RRC)
VERIFIED COMPLAINT TO THE IBP BY ANY PERSON Complaint must be: In writing; State facts complained of; and Supported by affidavits / documents
IBP Motu Proprio (Committee on Bar Discipline through National Grievance Investigator)
1. 2. 3.
Shall appoint an investigator / panel of 3 investigators and notify respondent
RECOMMEND DISMISSALIF NOT MERITORIOUS
IF MERITORIOUS, RESPONDENTS VERIFIED ANSWER (Must be filed within 15 days from service)
DISMISSAL BY BOARD OF GOVERNORS (should be promulgated within a period not exceeding 30 days from the next meeting of the board following the submittal of the investigators report)
INVESTIGATION (terminate within 3 months) 1. 2. 3. Investigator may issue subpoenas and administer oaths, Provide respondent with opportunity to be heard, May proceed with investigation ex parte should respondent fail to appear.
BOARD OF GOVERNORS FOR REVIEW (issues a Resolution Should be promulgated within a period not exceeding 30 days from the next meeting of the board following the submittal of the Investigators Report.)
REPORT TO BOARD OF GOVERNORS (Submitted not later than 30 days from termination of investigation) containing: Findings of facts Recommendations
ISSUE DECISION IF: Exonerated Sanction is less than suspension / disbarment (admonition, reprimand, or fine)
SUPREME COURT FOR JUDGMENT
The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme Court orders otherwise.
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Q: What is the effect of the desistance, withdrawal of complaint or non-appearance of complainant in disbarment proceedings? A: The desistance or the withdrawal of the complainant of the charges against a judge/lawyer does not deprive the court of the authority to proceed to determine the matter. Nor does it necessarily result in the dismissal of the complaint except when, as a consequence of the withdrawal or desistance no evidence is adduced to prove the charges. Q: Is the doctrine of res ipsa loquitur (the thing speaks for itself) applicable in cases of dismissal of judges or disbarment of lawyers? A: Yes. This principle or doctrine applies to both judges and lawyers. Judges had been dismissed from the service without need of a formal investigation because based on the records, the gross misconduct or inefficiency of judges clearly appears. (Uy v. Mercado, A.M. No. R-368-MTJ, Sept. 30, 1987) The same principle applies to lawyers. Thus, where on the basis of the lawyers comment or answer to show a show-cause order of SC, it appears that the lawyer has so conducted himself in a manner which exhibits his blatant disrespect to the court, or his want of good moral character or his violation of the attorneys oath, the lawyer may be suspended or disbarred without need of trial-type proceeding. What counts is that the lawyer has been given the opportunity to air his side. (Prudential Bank v. Castro, A.M. No. 2756, June 5, 1986) (1996, 2003 Bar Question) b. Defenses
Note: The extent of disciplinary action depends on the attendance of mitigating or aggravating circumstances.
5.
6. 7. 8. 9.
10.
11. 12. 13. 14. 15. 16. 17.
Lack of Intention to slight or offend the Court (Rheem of the Philippines, Inc. v. Ferrer, G.R. No. L-22979, Jan. 27, 1967); Absence of prior disciplinary record; Absence of dishonest or selfish motive; Personal or emotional problems; Timely good faith effort to make restitution or to rectify consequences of misconduct; Full and free disclosure to disciplinary board or cooperative attitude toward the proceedings; Character or reputation; Physical or mental disability or impairment; Delay in disciplinary proceedings; Interim rehabilitation; Imposition of other penalties or sanctions; Remorse; and Remoteness of prior offenses. (IBP Guidelines 9.32)
Note: Disbarment should not be decreed where any punishment less severe such as reprimand, suspension or fine would accomplish the end desired. (Amaya v. Tecson, A.C. No. 5996, Feb. 7, 2005)
Q: What are the aggravating circumstances in disbarment? A: 1. Prior disciplinary offenses; 2. Dishonest or selfish motives; 3. A pattern of misconduct; 4. Multiple offenses; 5. Bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency; 6. Submission of false evidence, false statements, or other deceptive practices during the disciplinary process; 7. Refusal to acknowledge wrongful nature of conduct; 8. Vulnerability of victim; 9. Substantial experience in the practice of law; and 10. Indifference to making restitution. (IBP Guidelines 9.22) Q: What are the instances that are neither aggravating nor mitigating? A: 1. 2. Forced or compelled restitution; Agreeing to the clients demand for certain improper behavior or result;
Q: What are the mitigating circumstances in disbarment? A: 1. Good faith in the acquisition of a property of the client subject of litigation (In Re: Ruste, A.M. No. 632, June 27, 1940); Inexperience of the lawyer (Munoz v. People, G.R. No. L-33672, Sept. 28, 1973); Age (Santos v. Tan, A.C. No. 2697, Apr. 19, 1991); Apology (Munoz v. People, G.R. No. L33672, Sept. 28, 1973);
2. 3. 4.
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3. 4. 5. 6. Withdrawal of complaint against the lawyer; Resignation prior to completion of disciplinary proceedings; Complainants recommendation as to sanctions; or Failure of injured client to complain. (IBP Guideline 9.4) Q: Is a lawyer suspended from the practice of law in another country automatically results in his suspension or disbarment in the Philippines? A: No. The acts which led to his suspension in another country, are mere grounds for disbarment or suspension in this jurisdiction, and only if the basis of the foreign courts action includes any of the grounds for disbarment or suspension in this jurisdiction. (In re: Suspension from the practice of law in the territory of Guam of Atty. Maquera, A.M. No. 793, July 30, 2004) (2002, 2006 Bar Question) Q: Atty. LA is a member of the Philippine Bar and the California Bar in the United States. For willful disobedience of a lawful order of a Superior Court in Los Angeles, Atty. LA was suspended from the practice of law in California for one (1) year. May his suspension abroad be considered a ground for disciplinary action against Atty. LA in the Philippines? Why? A: The suspension of Atty. LA from the practice of law abroad may be considered as a ground for disciplinary action here if such suspension was based on one of the grounds for disbarment in the Philippines or shows a loss of his good moral character, a qualification he has to maintain in order to remain a member of the Philippine Bar. (2002 Bar Question)
Q: What are the guidelines to be observed in the matter of the lifting of an order suspending a lawyer from the practice of law? A: 1. Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of law and has not appeared in any court during the period of his or her suspension; Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of the courts where respondent has pending cases handled by him or her, and/or where he or she has appeared as counsel; and The Sworn Statement shall be considered as proof of respondents compliance with the order of suspension;
2.
3.
D. DISCIPLINE OF FILIPINO LAWYERS PRACTICE IN FOREIGN JURISDICTIONS Q: What is the effect in the Philippines of the disbarment or suspension of a Filipino lawyer in a foreign country? A: If the Filipino lawyer is disbarred or suspended from the practice of law by a competent court or disciplinary agency in a foreign jurisdiction where he has been admitted as an attorney, and a ground therefor includes any of the acts enumerated in Section 27, Rule 138 of the RRC, such disbarment or suspension is a ground for his disbarment or suspension in the Philippines.(Lapena, 2009)
Note: The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension. (SC Resolution date 21 February 1992 amending Sec. 27,Rule 138, RRC)
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Legal Ethics - Readmission to the Bar

Q: Is the lifting of the suspension order automatic? A: No. The lifting of a lawyers suspension is not automatic upon the end of the period stated in the Courts decision, and an order from the Court lifting the suspension at the end of the period is necessary in order to enable [him] to resume the practice of his profession. (J.K. Mercado and Sons Agricultural Enterprises, Inc. et al. v. Atty. de Vera, et al. and Atty. de Vera v. Atty. Encanto, et al.) Thus, according to the OBC, a suspended lawyer must first present proof(s) of his compliance by submitting certifications from the Integrated Bar of the Philippines and from the Executive Judge that he has indeed desisted from the practice of law during the period of suspension. Thereafter, the Court, after evaluation, and upon a favorable recommendation from the OBC, will issue a resolution lifting the order of suspension and thus allow him to resume the practice of law. (Maniago v. Atty. De Dios, A.C. No. 7472, March 30, 2010) Q: What are the guidelines to be observed in case of lifting an order suspending a lawyer from the practice of law? A: The following guidelines were issued by the Supreme Court, the same to be observed in the matter of the lifting of an order suspending a lawyer from the practice of law: 1. After a finding that respondent lawyer must be suspended from the practice of law, the Court shall render a decision imposing the penalty; Unless the Court explicitly states that the decision is immediately executory upon receipt thereof, respondent has 15 days within which to file a motion for reconsideration thereof. The denial of said motion shall render the decision final and executory; Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of law and has not appeared in any court during the period of his or her suspension;
IV. READMISSION TO THE BAR
Q: What is reinstatement? A: It is the restoration in disbarment proceedings to a disbarred lawyer the privilege to practice law.
Note: The power of the Supreme Court to reinstate is based on its constitutional prerogative to promulgate rules on the admission of applicants to the practice of law. (Sec. 5[5], Art. VIII, 1987 Constitution)
Q: What are the conditions in reinstatement? A: The applicant must, like a candidate for admission to the Bar, satisfy the Court that he is a person of good moral character a fit and proper person to practice law. A. READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN SUSPENDED Q: Raul Gonzales was found guilty of both contempt of court in facie curiae and gross misconduct as an officer of court and member of the bar. For this, he was suspended indefinitely. After more than 4 years from his suspension, Gonzales filed an ex-parte motion to lift his suspension from the practice of law, alleging that he gave free legal aid services by paying lawyers to do the same as he could not personally represent said clients; pursued civic work for the poor; brought honor to the country by delivering a paper in Switzerland; that he has a long record in the service of human rights and the rule of law; his suspension of 51 months has been the longest so far; states his profound regrets for the inconvenience which he has caused to the Court; sincerely reiterates his respect to the institution as he reiterates his oath to conduct himself as a lawyer. May his suspension be lifted? A: Yes. The Gonzales contrition, so noticeably absent in his earlier pleadings, has washed clean the offense of his disrespect. His remorse has soften his arrogance and made up for his misconduct. Gonzales suspension has given him ample time and opportunity to amend his erring ways, rehabilitate himself, and thus, prove himself worthy once again to enjoy the privileges of membership of the Bar. His motion was granted. (Zaldivar v. Gonzales, G.R. Nos. 79690707, April 7, 1993)
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UST GN 2011 Legal and Judicial Ethics Proper Index 3

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UST GN 2011 Legal and Judicial Ethics Proper Index 3

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UST Golden Notes 2011

Legal Ethics - Readmission to the Bar

UST Golden Notes 2011

Legal Ethics Notarial Practice

V. MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

UST Golden Notes 2011

Legal Ethics Notarial Practice

VI. NOTARIAL PRACTICE (1996, 2005, 2007 Bar Question)

Q. Must a notary public always be a lawyer? A.

UST Golden Notes 2011

Legal Ethics Notarial Practice

UST Golden Notes 2011

C. POWERS AND LIMITATIONS OF A NOTARY PUBLIC

Legal Ethics Notarial Practice

UST Golden Notes 2011

Purpose: Gives the document a legal character.

Legal Ethics Notarial Practice

UST Golden Notes 2011

Legal Ethics Notarial Practice

D. NOTARIAL REGISTER Q: What is a Notarial Register?

UST Golden Notes 2011

Legal Ethics Notarial Practice

UST Golden Notes 2011

F. COMPETENT EVIDENCE OF IDENTITY

Legal Ethics Notarial Practice

UST Golden Notes 2011

Acts or otherwise impersonates a notary public;

Judicial Ethics - Preliminary

UST Golden Notes 2011

Q: What is an independent Judiciary? A: It is one free from inappropriate outside influence.

Judicial Ethics New Code of Judicial Conduct

UST Golden Notes 2011

Legal Ethics Duties and Responsibilities of Lawyers

UST Golden Notes 2011

Q: What is the difference between a contingent contract and champertous contract? A:

Legal Ethics Duties and Responsibilities of Lawyers

UST Golden Notes 2011

Legal Ethics Duties and Responsibilities of Lawyers

XPN: 1. To prevent imposition 2. To prevent injustice 3. To prevent fraud

UST Golden Notes 2011

Legal Ethics Duties and Responsibilities of Lawyers

UST Golden Notes 2011

Legal Ethics Duties and Responsibilities of Lawyers

UST Golden Notes 2011

Legal Ethics Duties and Responsibilities of Lawyers

UST Golden Notes 2011

Q: Who is liable for the payment of costs of suits?

Legal Ethics Duties and Responsibilities of Lawyers

NOTE: Estafa is also committed in unauthorized practice of law.

UST Golden Notes 2011

Note: The CA and RTC cannot disbar a lawyer.

Legal Ethics discipline of lawyers

UST Golden Notes 2011

Legal Ethics discipline of lawyers

Representing conflicting interests. (Art. 209, RPC)

Q: What are the other grounds for disciplining a lawyer? A: 1.

Violation of oath of office

UST Golden Notes 2011

Note: Sanction: Disciplinary action

Commission of fraud or falsehood; and Misconduct as notary public

Note: Sanction: Admonition, censure, suspension or disbarment.

Legal Ethics discipline of lawyers

Q: What are the offices authorized to investigate disbarment cases?