LEGAL ETHICS REVIEWER

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

BENCH denotes the whole body of judges

Practice of Law – any activity, in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of service, which or devise or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210). Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who are licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities, and liabilities are developed by law a s a consequence (Cui v. Cui, 120 Phil. 729). Attorney in fact – an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer. Counsel de Oficio – a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the province and good repute for probity and ability, to defend the accused. Sec. 7, Rule 116, Rules of Court. Attorney ad hoc – a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factor’s of Traders Insurance Cp., 33 La.Ann.209) Attorney of Record - one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds, Cal.2d580). Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (5 Am. Jur. 261). Lead Counsel – The counsel on their side of a litigated action who is charged with the principal management and direction of a party’s case. House Counsel – Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Bar Association – an association of members of the legal profession. Advocate – The general and popular name for a lawyer who pleads on behalf of someone else. Barrister (England) – a person entitled to practice law as an advocate or counsel in superior court.

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LEGAL ETHICS REVIEWER

Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado - it means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law.

ADMISSION TO THE P RACTICE OF LAW

The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides:

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

Practice of Law The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient administration of justice. (In Re: Argosino, 1997).

Requirements for admission to the Bar: 1. citizen of the Philippines 2. at least 21 years old 3. of good moral character 4. Philippine resident 5. Production before the supreme court satisfactory evidence of: a. good moral character b. no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one's good standing in that exclusive and honored fraternity. ( Tapucar vs. Tapucar, 1998) Academic Requirements for Candidates: 1. a bachelor’s degree in arts and sciences (pre-law course) 2. a completed course in: a. civil law b. commercial law c. remedial law d. public international law e. private international law

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President. Sec. VIII Sec. 7160. Cases before the MTC: Party to the litigation. Villanueva. or instrumentality of the government is the adverse party. their deputies and assistants (Art. city and municipal mayors (R. PO 442. 5. Public Officials who cannot engage in the private practice of Law in the Philippines: 1. Those prohibited by special law PUBLIC OFFICIALS WITH R ESTRICTIONS IN THE P RACTICE OF LAW 1. Sec. Sec. Rule 138. if a. 1987 Constitution). non-lawyers may appear before the NLRC or any Labor Arbiter. in person OR through an agent or friend or appointed by him for that purpose (Sec. 2.) 3. they represent themselves. 90). 1987 Constitution) nd 6. Under the Local Government Code (RA 7160. 5. 8 (2 par). Ombudsman and his deputies (Art. 14 SCRA 109). resident of the province b. 8. as amended. RRC) 2. ATTORNEY’S OATH “I. Judges and other officials as employees of the Supreme Court (Rule 148. agency. RRC). I will do no falsehood. g. use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government. Sec. 91) Sanggunian members may practice their professions provided that if they are members of the Bar. Sec.A senior law student . Sec. 1. All governors. Legal Aid Program . Officials and employees of the OSG (Ibid. i. j. Under RA 910. appear as counsel before any court in any civil case wherein a local government unit or any office. Government prosecutors (People v. political law labor and social legislation medial jurisprudence taxation legal ethics Non-lawyers who may be authorized to appear in court: 1. they shall not: a. RRC). members of the cabinet. they represent their organization or members thereof (Art 222. Sec. collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official. 4. 34. a retired justice or judge receiving pension from the government. __________________. No Senator as member of the House of Representative may personally appear as counsel before any court of justice as before the Electoral Tribunals. appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. 35. c. or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school. 1987 Constitution). 2. 2. 7. accepted by the Legal Clinic of the law school. d. as amended). No. I will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein. 2259. or if b. h.LEGAL ETHICS REVIEWER f. 3. Under the Labor code. Before any other court : Party to the litigation. 4. Sec. to represent indigent clients. Members of the Constitutional Commission (Art IX-A. 15. do solemnly swear that I will maintain allegiance to the Republic of the Philippines. nor consent to the doing Page 3 of 28 . 1987 Constitution) 7. VI. who is enrolled in a recognized law school’s clinical education program approved by the supreme Court may appear before any court without compensation. Sec. Under the Cadastral Act.) 3. cannot act as counsel in any civil case in which the Government. in person (Ibid. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available: the judge may appoint a non-lawyer who is: a. 9). 14. as quasi-judicial and other administration bodies (Art. Vice-President.A. IX. b. of good repute for probity and ability to aid the accused in his defense (Rule 116. a non-lawyer can represent a claimant before the Cadastral Court (Act no. 6.

So help me God. estafa b. 1997. 1999) • It is NOT a mere ceremony or formality for practicing law.” (Form 28. to counsel or maintain such actions or proceedings only as appear to him as just. but a sacred trust that must be upheld and kept inviolable. c. unless required by the justice of the cause with which he is charged. I will delay no man for money or malice. with all good fidelity as well to the court as to my clients. the cause of the defenseless or oppressed. Rule 1. • • Page 4 of 28 . not to encourage either the commencement or the continuance of an action or proceeding. (In Re: Argosino. for the purpose of maintaining the causes confided to him. In Re: Arthur M. to employ. by all fair and honorable means. Calis. bribery c.This is a human standard based on natural moral law which is embodied in man’s conscience and which guides him to do good and avoid evil. e. or give aid nor consent to the same. for any consideration personal to himself. to maintain inviolate the confidence. 1998). obey the laws of the land and promote respect for law and for legal processes • Duties of Attorneys: a. regardless of his personal opinion as to the guilt of the accused. and to accept no compensation in connection with his client's business except from him or with his knowledge and approval. falsification of public documents Morality as understood in law . I will not willingly nor wittingly promote or sue any groundless. false or unlawful suit. to the end that no person may be deprived of life or liberty. Cuevas. drift and hollow. modesty or good morals. but by due process of law. g. and such defenses only as he believes to be honestly debatable under the laws.LEGAL ETHICS REVIEWER of any in court. Moral Turpitude: any thing that is done contrary to justice. h. i. abduction f. to present every defense that the law permits. • Conviction for crimes involving moral turpitude – a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as: a. dishonest. CODE OF PROFESSIONAL R ESPONSIBILITY CHAPTER 1 LAWYER AND SOCIETY CANON 1 – A lawyer shall uphold the constitution. and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. such means only as are consistent with truth and honor.01 – A lawyer shall not engage in unlawful. honesty. seduction e. and at every peril to himself. b. (Sebastian vs. to observe and maintain the respect due to the courts of justice and judicial officers. and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness. Every lawyer should at all times weigh his actions according to the sworn promises he made when taking the lawyer's oath. RRC) Nature of Lawyer's Oath • The lawyer's oath is not mere facile words. or delay any man's cause for any corrupt motive or interest. immoral or deceitful conduct. d. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines. to preserve the secrets of his client. in the defense of a person accused of a crime. smuggling g. and will conduct myself as a lawyer according to the best of my knowledge and discretion. f. never to reject. murder d.

domination or excessive use of authority. relationship or trust makes it his duty to do so. a. Rule 1. Maniwag. Defenseless – not in the position to defend themselves due to poverty. • • • • • • • • • • • If a lawyer finds that his client’s cause is defenseless. ignorance or other similar reasons. Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s). Rule 2. it is a WILLFUL.02 – In such a case. b. c. rather than traverse the incontrovertible. Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law.03 – a lawyer shall not do or permit to be done any act designed primarily to solicit legal business. a relation to clients in the highest degree of fiduciary. Temper client’s propensity to litigate. • Primary characteristics which distinguish the legal profession from business. 106 SCRA 591). flagrant. unlawful exaction. it is his burden/duty to advise the latter to acquiesce and submit. either at law or otherwise. A lawyer has the obligation not to encourage suits.03 – A lawyer shall not. end or settle the controversy if it will admit of a fair settlement.LEGAL ETHICS REVIEWER • Immoral Conduct: that conduct which is willful. he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. Lawyer’s act of fomenting suits among individuals and offering his legal services to one of them. This is so as to prevent barratry and ambulance chasing. except in rare cases where the blood.01 – A lawyer shall not reject. 1998) Rule 1. Until a statute shall have been construed and interpreted by competent adjudication. of which the emolument is a by product. Rule 2. FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. a relation as an ‘officer of court’ to the administration of justice involving thorough sincerity. or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga vs. a relation to colleagues at the bar characterized by candor. It is unprofessional for a lawyer to volunteer advice to bring a lawsuit. Narag. weakness. for any corrupt motive or interest. integrity and effectiveness of the profession. Rule 2. Rule 1. Barratry – offense of frequently exciting and stirring up quarrels and suits. (Narag vs. Oppressed – victims of acts of cruelty. fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients. CANON 2 – A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence. The law violated need not be a penal law. duty of service. and in which one may attain the highest eminence without making such money.04 – A lawyer shall encourage his clients to avoid. Should not be an instigator of controversy but a mediator for concord and conciliator for compromise. modesty or good morals. even if a lawyer does not accept a case.02 – A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. “ Moral Turpitude” – everything which is done contrary to justice. d. integrity and reliability. he shall not refuse to render legal advise to the person concerned if only to the extent necessary to safeguard latter’s rights. except for valid reasons. • • Rule on Advertisements Page 5 of 28 . the cause of the defenseless or oppressed. honesty. Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. encourage any suit or proceeding or delay any man’s cause.

Reputable law lists. CANON 4 – A lawyer shall participate in the improvement of the legal system by initiating or supporting efforts in law reform and in the administration of justice. Advertisements or announcement in any legal publication. But in case where lawyer is confronted with an emergency and prompt/urgent action is necessary to protect clients interest and there’s no opportunity for consultation. Rule: Refrain from charging rates lower than the customary rates. Rule 3. Death of a partner does not extinguish attorney-client relationship with the law firm. too poor • CANON 3 – A lawyer in making known is legal services shall use only true. are allowed. misleading. Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. unless circumstances so warrant. including books. being for the convenience of the profession. in a manner consistent with the standards of conduct imposed by the canons.01 – A lawyer shall not use or permit the use of any false. • • • It is unethical to use the name of a foreign firm. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. • • A lawyer cannot delay the approval of a compromise agreement entered into between parties. honest. Rule 3. It may contain only a statement of his name. 3. Rule: A lawyer cannot compromise the case without client’s consent (special authority).01 is unethical. 5. and legal magazines. or assumed name shall be used. of brief biographical and informative data. just because his attorney’s fees were not provided for in the agreement. publicity to attract legal business. 4. telephone number and the special branch of law practiced. • Violation of Rule 3. Rule 3.04 – A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of. associates. or in return for.02 – In the choice of a firm name. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communication that said partner is deceased. Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e. the magnitude of the interest involved. Negligence of a member in the law firm is negligence of the firm.g. deceptive. such as furnishing or inspiring newspaper comments. Exceptions/ Permissible advertisements: 1. Ordinary simple professional Card. • Rule 2. the name of the law firm which he is connected with. self-auditory or unfair statement or claim regarding his qualifications or legal services. misleading. Rule 3. he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct. A simple announcement of the opening of a law firm or of changes in the partnership. address. Submission for decision on the evidence so far presented. the lawyer may compromise. whether done by him personally or through another with his permission. the importance of the lawyer's position. Page 6 of 28 . co-lawyers. no false. undignified. fair dignified and objective information or statement of facts.04 – A lawyer shall not charge rates lower than those customarily or prescribed. is not objectionable.LEGAL ETHICS REVIEWER • General Rule: No advertisements allowed. journals. Valid Justification: relatives. Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment.03 – Where a partner accepts public office. firm name or office address. and all other self-laudation. fraudulent. 2.

LEGAL ETHICS REVIEWER • Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress. accept engagements or employment in connection with any matter in which he had intervened while in said service. CANON 6 – These canons shall apply to lawyers in government service in the discharge of their official tasks. regardless of amount. professionalism c. commitment to public interest b. participate in continuing legal education programs. RA 6713 Sec 3. Objectives • • • of integration of the Bar To elevate the standards of the legal profession To improve the administration of justice To enable the Bar to discharge its responsibility more effectively. Petitions with the Supreme Court for the amendment of the Rules of Court. 3 (d) RA 3019 as amended and Sec.01 – The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. • • Page 7 of 28 . • Second. he owes it to the lay public to make the law a part of their social consciousness. expiration of the term of office d. • Various ways a government lawyer leaves government service: a. dismissal e. commitment to democracy h. Rule 6.02 – A lawyer in the government service shall not use his public position to promote or advance his private interest. • Third. resignation c. The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: a. nationalism and patriotism g. permanent or temporary. political neutrality e. including military and police personnel. In addition to acts or omission of public officers already penalized by existing law.03 – A lawyer shall not. The three-fold obligation of a lawyer • First. justness and sincerity d. the following shall constitute corrupt practice of any public officer and are hereby declared to be unlawful: (d) accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after termination. nor allow the latter to interfere with his public duties. after leaving government service. Corrupt practice of Public Officers. support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating information regarding the law and jurisprudence. 3 (b). 7 (b). Rule 6. retirement b. (Sec. CANON 5 – A lawyer shall keep abreast of legal developments. whether or not they receive compensation. 4. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause of disciplinary action. responsiveness to the public f. whether in the career or non-career service. RA 6713). RA 6713) Rule 6. abandonment Q: What are the pertinent statutory provisions regarding this Rule? A: Sec. • Public Officials – include elective and appointive officials and employees. simple living (Sec. he owes it to himself to continue improving his knowledge of the laws. he owes it to his profession to take an active interest in the maintenance of high standards of legal education.

01 – A lawyer shall be answerable for knowingly making false statements or suppressing a material fact. • • • It is the duty of a lawyer to inform the SC or the IBP of such malpractice to the end that the malpractitioner be properly disciplined. supervised or licensed by their office unless expressly allowed by law. embarrass or influence the court in administering justice. not mere absence of bad character. • • • • • Lawyers in the government service are prohibited to engage in the private practice of their profession unless authorized by the constitution or law. CANON 8 – A lawyer shall conduct himself with courtesy. nor should he. Avoid scandalous conduct. fairness and candor towards his professional colleagues. These prohibitions shall continue to apply for a period of one (1) year after resignation. use language which is abusive. to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. manage or accept employment as officer.g. employee.LEGAL ETHICS REVIEWER Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts: 1. Should recommend the acquittal of the accused whose conviction is on appeal. former employer. offensive or otherwise improper. Rule 8.01 – A lawyer shall not. abusive and abrasive language. Accepting engagements vs. Page 8 of 28 . counsel. IF he finds no legal basis to sustain the conviction. it is the right of any lawyer without fear or favor. It merely extenuates liability. consultant. provided that such practice will not conflict or tend to conflict with their official functions. PNB) The OSG is not authorized to represent a public official at any state of a criminal case. Rule 7. education. whether in public or private life. Not to use in pleadings and in practice the following: disrespectful. broker. behave in a scandalous manner to the discredit of the legal profession. trustee or nominee in any private enterprise regulated. CANON 9 – A lawyer shall not directly or indirectly assist in the unauthorized practice of law.03 – A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law. A lawyer must at all times conduct himself properly as not to put into question his fitness to practice law.02 – A lawyer shall not. Rule 7. encroach upon the professional employment of another lawyer. in which case the one year prohibition shall likewise apply. and shall avoid harassing tactics against opposing counsel. and support the activities of the integrated bar. or separation from public office. unfounded accusations or intemperate words tending to obstruct. in connection with his application for admission to the bar. Misconduct in office as a public official may be a ground for disciplinary action (if of such character as to affect his qualification as lawyer or to show moral delinquency). agent. Want of intention: not an excuse for the disrespectful language used. not only required to refrain from adulterous relationships or the keeping of mistress but must also behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards.02 – A lawyer shall not support application for admission to the bar by any person known to him or be unqualified in respect to character. however. control. • • • Upright character. offensive personalities. except in the case of subparagraph (b) (2) above. own. directly or indirectly. Rule 8. but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with. in his professional dealings. Includes restriction is representing conflicting interest (e. or other relevant attribute. retirement. CHAPTER II THE LAWYER AND THE L EGAL PROFESSION CANON 7 – A lawyer shall at all times uphold the integrity and dignity of the legal profession. Rule 7.

foreign lawyer. filing false charges on groundless suits g. no attempt to influence courts Cases of falsehood: a. use of fictitious residence certificate j. upon the latter’s death. stating in the Deed of Sale that property is free from all liens and encumbrances when not so b. encashing check payable to a deceased cousin by signing the latter’s name on the check c. unsolicited appearances i.01 – A lawyer shall not do any falsehood. the language or the argument of opposing counsel. • • • • Lawyer shall not negotiate with the opposite party who is represented by a counsel. CHAPTER III THE LAWYER AND THE COURTS CANON 10 – A Lawyer owes candor. using in pleadings the IBP number of another lawyer h. Where a lawyer or law firm includes non-lawyer employees in a retirement plan. truth and candor c.01 – A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing.03 – A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. or knowingly cite as law a provision already rendered inoperative by repeal or amendment. is disbarred 3. has been suspended from the practice of law 4. Neither should lawyer attempt to interview the opposite party and question him as to the facts of the case even if the adverse party is willing to do so. is not a lawyer 2. A lawyer cannot delegate his authority without client’s consent even to a qualified person. even if there’s a fair agreement. Lawyer may however interview any witness or prospective witness for the opposing side. Lawyer’s duty to the court: a. even if the plan is based in whole or in part of a profit sharing arrangements. verbatim reproductions down to the last word and punctuation mark n. fairness. except: a. Rule 10. respect and loyalty b. Rule 10.02 – A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. fairness and good faith to the court. Lawyer should deal only with counsel. nor consent to the doing of any in court. or the text of a decision of authority. or assert as a fact that which has not been approved. slight typo mistake: not sufficient to place him in contempt • • Page 9 of 28 . money shall be paid over a reasonable period of time to his estate or to the persons specified in the agreement. unless licensed by the SC. Rule 9. Rule 10. presenting falsified documents in court which he knows to be false f. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer.LEGAL ETHICS REVIEWER Rule 9. Where there is a pre-existing agreement. with a partner or associate that . • • Judge-lawyer relationship: based on independence and self-respect. or c. or b. Limitation: avoid influencing witness in recital and conduct. alleging in one pleading that the clients were mere lessees and in another pleading that the same clients were owners e. A lawyer must not take as partner or associate one who: 1. nor shall he mislead or allow the court to be mislead by any artifice. citing a repealed or amended provision l. falsifying a power of attorney and using it in collecting the money due to the principal d. misquotation/misrepresentation k. asserting a fact not proved m.02 – A lawyer shall not knowingly misquote or misrepresent the contents of the paper.

he must be ready with the originals for the purpose of comparison with copies thereof. Forum shopping exists when as a result of an adverse opinion in one forum: a. He should also be ready with the original documents for comparison with the copies. the latter must yield to the former. • • Forum shopping – omission to disclose pendency of appeal or prior dismissal of his case by a court of concurrent jurisdiction. Lawyers must be respectful not only in actions but also in the use of language whether in oral arguments or in pleadings. Obedience to court orders and processes. Rule 11. or menacing language or behavior before the courts. A mere disclaimer of any intentional disrespect by appellant is not a ground for exoneration. on the gamble that one or the other would make a favorable disposition (Benguet Electric Corp. Consequently.LEGAL ETHICS REVIEWER CANON 11 – A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. Any deviation from the commonly accepted norm of dressing in court (barong or tie. March 12. The public duties of the attorney take precedence over his private duties.01 – A lawyer shall appear in court properly attired. vs. A lawyer is an officer of the court. He occupies a quasi-judicial office with a tripartite obligation to the courts. the court can hold a lawyer IN CONTEMPT of court if he does not appear in proper attire. His intent must be determined by a fair interpretation of the languages employed by him.03 – A lawyer shall abstain from scandalous. to the public and to his clients. It amounts to misconduct which subjects the lawyer to disciplinary action. As an officer of the court and in order to maintain the dignity and respectability of the legal profession. Flores. Lawyer can demand that the misbehavior of a judge be put on record. Rule 12. a lawyer who appears in court must be properly attired. Rule 11. offensive. Criticisms of courts must not spill the walls of decency. a party seeks favorable opinion (other than by appeal or certiorari) in another. Rule 11. not both) is enough to warrant a citing for contempt. witnesses) shall deal with the courts and judicial officers with respect. Ombudsman. • • • • • • • • • • CANON 12 – A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.05 – A lawyer shall submit grievances against a judge to the proper authorities already. A lawyer may submit grievances against judges in the Supreme Court. 1998). when he institutes two or more actions or proceedings grounded on the same cause. If presenting documentary exhibits. There is a wide difference between fair criticism and abuse and slander of courts and judges. • • A lawyer may NOT wear outlandish or colorful clothing to court. Rule 11. or b. Page 10 of 28 . Rule 11. Where duties to the courts conflict with his duties to his clients.01 – A lawyer shall not appear for trial unless he has adequately prepared himself with the law and the facts of his case. Rule 12. Must exert efforts that others (including clients. or Congress (for impeachment of SC judges only).04 – A lawyer shall not attribute to a judge motives not supported by the record or having no materiality to the case.02 – A lawyer shall punctually appear at court hearings. Intemperate and unfair criticism is a gross violation of the duty to respect the courts. He cannot escape responsibility by claiming that his words did not mean what any reader must have understood them to mean. His first duty is to the courts.02 – A lawyer shall not file multiple actions arising from the same cause. the evidence he will adduce and the order of its preference. 287 SCRA 449. Lawyers must be courageous enough to expose arbitrariness and injustice of courts and judges. • • Newly hired counsel: must acquaint himself with all the antecedent proceedings and processes that have transpired in the record prior to his takeover.

memoranda or briefs. cultivating familiarity with judges. • Asking for extension of time must be in good faith. nor seek opportunity for. not to be detained longer than the interest of justice requires. after obtaining extensions of time to file pleadings. while the witness is still under examination. 3.LEGAL ETHICS REVIEWER • • The most important factor in determining the existence of forum-shopping is the VEXATION caused the courts and party-litigants by a party who asks different courts to rule on the same related causes. such as the mailing. or 5. Rights and obligations of a witness . asking the same relief. However. But a witness must answer to the fact of his previous final conviction for an offense. entrust the trial of the case to another counsel. • • • • • The judge has the corresponding duty not to convey or permit others to convey the impression that they are in a special position to influence the judge. improper. not to give any answer which will tend to subject him to a penalty for an offense unless otherwise provided by law. Rule 13. Discussing cases with the judge privately should be avoided. to be protected from irrelevant. or gives the appearance of influencing the court. 2.03 – A lawyer shall not. 4. or insulting questions and from harsh or insulting demeanor. RRC) Rule 12. it is the right of a witness: 1.05 – A lawyer shall refrain from talking to his witness during a break or recess in the trial. let the period lapse without submitting the same or offering an explanation for his failure to do so. Forum shopping constitutes DIRECT CONTEMPT of court and may subject the offending lawyer to disciplinary action. Test when public statement is contemptuous: The character of the act done and its direct tendency to prevent and obstruct the discharge of official duty. in which event he must. CANON 13 – A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence. unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. Sec. by the “barrage” of publicity. 3. Rule 12. although his answer may tend to establish a claim against him. Rule 12. there must be an allegation and proof that the judges have been unduly influenced. authentication or custody of an instrument and the like: b.07 – A lawyer shall not abuse. (Rule 132.a witness must answer questions. in cases where his testimony is essential to the ends of justice. on formal matters.02 – A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Rule 13. To warrant a finding of “prejudicial publicity”.08 – A lawyer shall avoid testifying in behalf of his client. not to be examined except only as to matters pertinent to the issue.01 – A lawyer shall not extend extraordinary attention or hospitality to.03 – A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. Page 11 of 28 .04 – A lawyer shall not unduly delay a case. except: a.06 – A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Rule 12. on substantial matters. Lawyer is equally guilty as the client if he induces the latter to cause the publicity. not simply that they might be. Rule 13. impede the execution of a judgment or misuse court processes. nor to give answer which will tend to degrade his reputation. during his testimony. browbeat or harass a witness nor needlessly inconvenience him. Rule 12. Rule 12.

It would open client to civil liability 3. Rule 15. 1996) Exceptions: 1. Rule on Revealing Client's Identity • General Rule: A lawyer may not invoke privilege communication to refuse revealing a client’s identity. He is not in position to carry out the work effectively and competently. not reject cause of defenseless and oppressed f. b. respond with zeal to the cause of the client Appointment of Amicus Curae a. an appointment as counsel de oficio or as amicus curae or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest. fairness and loyalty g.03 – A lawyer may refuse to accept representation of a client if: a. Rules of Court) When communication is not privileged: a. or because of his own opinion regarding the guilt of said person. 2. Sandiganbayan. candor. Atty.-client relationship (or a kind of consultancy relationship with a prospective client b. Communication is intended to be confidential (see Rule 130.04 – A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. Rule 15. except for serious and sufficient cause. shall forthwith inform the prospective client. • Duties to Client: a.01 – A lawyer in conferring with a prospective client. otherwise. He labors under conflict of interest between him and the prospective client or between a present client and the prospective client. disclose all circumstances/interest regarding the controversy d. it would implicate the client to that same controversy for which the lawyer's services were required. sex. maintain inviolate the confidence of the client c. by application to the judge b. • Requisites of Privileged Communication: a. no right to interfere with or control the condition of the record. owe utmost learning and ability b. September 20.02 – A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. Rule 14. When by divulging such identity. Rule 14. and if so. fairness and loyalty in all his dealings and transactions with his client. The disclosure of such identity will provide for the only link in order to convict the accused. no control over the suit Cannot refuse on the ground of insufficient of compensation or lack of it • • CANON 15 – A lawyer shall observe candor. Rule 14. Sec. the judge on his own initiative may invite the lawyer c.02 – A lawyer shall not decline. (Regala vs. undivided loyalty e.01 – A lawyer shall not decline to represent a person solely on account of the latter’s race. 21(b). Communication made by client to lawyer in the course of lawyer’s professional employment c. creed or status of life. the government has no case. hold in trust money or property h.LEGAL ETHICS REVIEWER CHAPTER IV THE LAWYER AND THE CLIENT CANON 14 – A Lawyer shall not refuse his services to the needy. after pleading has been filed • Page 12 of 28 . Rule 14. 262 SCRA 122.

It applies although the attorney's intention and motives were honest and he acted in good faith. he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements.06 . and may apply such finds to the satisfaction thereof.01 – A lawyer shall account for all money or property collected or received for or from the client. from and after the time when Page 13 of 28 .A lawyer shall not state nor imply that he is able to influence any public official. This is applicable to students under the Student Practice Law Program Rule 15.03 – A lawyer shall deliver the funds and property of his client when due or upon demand. Rule on Conflicting Interest It is generally the rule based on sound public policy that an attorney cannot represent adverse interest. a lawyer should keep any business. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for the Rules of Court.05 – A lawyer. Rule 15. Exception: Where the parties consent to the representation after full disclosure of facts.08 – A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.04 – A lawyer may. giving notice promptly thereafter to his client. in which is engaged in concurrently with the practice of law. The proscription against representation of conflicting interest finds application where the conflicting interest arises with respect to the same general matter and is applicable however slight such adverse interest may be. He shall also have a lien to the same extent upon all judgements for the payment of money. the said communication unless the client consents thereto. Rule 15. Valdez. Ocampo) Rule 15. Rule 15. tribunal or legislative body. entirely separate and apart from the latter. shall give a candid and honest opinion on the merits and probable results of the client’s case. representation of conflicting interest may be allowed where the parties consent to the representation after full disclosure of facts. It is highly improper to represent both sides of an issue. • • • General Rule: An attorney cannot represent adverse interest. to the disadvantage of the client. A careful investigation and examination of the facts must first be had before any legal opinion be given by the lawyer to the client. (Tiana vs.LEGAL ETHICS REVIEWER b. with the written consent of all concerned. act as mediator. Rule 15. • • Lawyers should refrain from giving any advice unless they have obtained sufficient understanding of their client’s cause. However. To avoid breach of legal ethics. (Nakpil vs. Attorneys’ Liens . the rule of ethics prohibits him from voluntarily revealing or using to his benefit or to that of a third person. and executions issued in pursuance of such judgements which he has secured in a litigation of his client. when advising his client.07 – A lawyer shall impress upon his client compliance with the laws and the principles of fairness. • • communication intended by the client to be sent to a third person through his counsel (it loses its confidential character as soon as it reaches the hands of third person) Even if the communication is unprivileged. 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. Rule 16.03 – A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. 286 SCRA 758). neither overstating nor understating the prospects of the case.an attorney shall have a lien upon the funds. Rule 16. However. Rule 16. CANON 16 – A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.02 – A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. conciliator or arbitrator in settling disputes. The TEST in determining Conflicting Interest: The test is whether or not the acceptance of a new relation will prevent an attorney from the full discharge of his duty of individual fidelity and loyalty to his client or invite suspicion of unfaithfulness in double-dealing in the performance thereof.

01 – A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. 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. • • • • • Competence: sufficiency of lawyer’s qualification to deal with the matter in question and includes knowledge and skill and the ability to use them effectively in the interest of the client. However. with the consent of his client.04 is to prevent the lawyer from taking advantage of his influence over the client or to avoid acquiring a financial interest in the outcome of the case. the client-lawyer relationship is terminated.04 – A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice. Rule 18.04 – A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client’s request for information. or issuing such execution. he has to advance necessary expenses in the legal matter he is handling for the client. It is not good practice to permit him afterwards to defend in another case other persons against his former client under the pretext that the case is distinct from and independent of the former case. There must be extraordinary diligence in prosecution or defense of his client’s cause. he can obtain as collaborating counsel a lawyer who is competent on the matter. Rule 138. he may render such service if. CANON 18 – A lawyer shall serve his client with competence and diligence.01 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present. he is not answerable for every error or mistake.LEGAL ETHICS REVIEWER he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgement. The lawyer owes loyalty to his client even after the relation of attorney and client has terminated. and shall have caused written notice thereof to be delivered to his client and to the adverse party. CANON 17 – A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. (Sec. Neither shall a lawyer lend money to a client except. Rule 18. If a lawyer errs like any other human being. Lawyer is not an insurer of the result in a case where he is engaged in the counsel. 37. participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. when in the interest of justice. or connection with. The principle behind Rule 16. • • • • • • Attorney’s lien is not an excuse for non-rendition of accounting Cannot disburse client’s money to client’s creditors without authority. Rule 19.02 – A lawyer shall not handle any legal matter without adequate preparation. It is the duty of the lawyer at the time of retainer to disclose to the client all the circumstances of his relations to the parties and any interest in. the controversy which might influence the client in the selection of counsel. Page 14 of 28 . Rule 18.03 – A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable. A lawyer must keep himself constantly abreast with the trend of authoritative pronouncements and developments in all branches of law. CANON 19 – A lawyer shall represent his client with zeal within the bounds of the law. • • • No fear of judicial disfavor or public popularity should restrain him from full discharge of his duty. Failure to deliver upon demand gives rise to the presumption that he has misappropriated the funds for his own use to the prejudice of the client and in violation of the trust reposed in him. and will be protected as long as he acts honestly and in good faith to the best of his skill and knowledge. RRC) Rule 16. Rule 18. Notify client if retaining lien shall be implemented When a lawyer enforces a charging lien against his client.

d. f. Page 15 of 28 . unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof. such as those authorized in Article 2208 of the Civil Code. Or else. b. a contingent fee that is conditioned to the securing of a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis c. perpetuated a fraud upon a person or tribunal. c. The amount involved in the controversy and the benefits resulting to the client from the services.01 – A lawyer shall be guided by the following factors in determining his fees: a. nor present a false witness. Ordinary attorney's fee . But lawyer shall not volunteer the information about the client’s commission of fraud to anyone – counter to duty to maintain client’s confidence and secrets. b. Rule 19. 2. Extraordinary attorney's fee . The character of the employment. Lawyer should do his best efforts to restrain and to prevent his clients from perpetrating acts which he himself ought not to do. and is payable NOT to the lawyer but to the client.LEGAL ETHICS REVIEWER Rule 19. Negative pregnant is improper since it is an ambiguous pleading (improper if in bad faith and the purpose is to confuse the other party) In defense: present every defense the law permits. a fixed fee computed by the number of hours spent e. g. The importance of the subject matter. CANON 20 – A lawyer shall charge only fair and reasonable fees. a fixed fee based on a piece of work • Attorney's Fees a.an indemnity for damages ordered by the court to be paid by the losing party in litigation. The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs. The time spent and the extent of the services rendered or required. and failing which he ha to terminate the relationship with such client in accordance with the Rules of Court. The basis for this is any of the cases provided for by law where such award can be made. shall promptly call upon the client to rectify the same. a fixed fee payable per appearance d. 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.02 – A lawyer who has received information that his client has. and j. withdraw. e. The novelty and difficulty of the questions involved. • 1. • • • • General Rule: Negligence binds client Exception: Reckless imprudence (deprives client of due process) Results in outright deprivation of one’s property through technicality Must not present in evidence any document known to be false.the reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter. a fixed or absolute fee which is payable regardless of the result of the case b. The skill demanded. h. whether occasional or established. • Kinds of Payment which may be stipulated upon: a. The probability of losing other employment as a result of acceptance of the proffered case. in the course of the representation. Rule 20. The basis for this compensation is the fact of his employment by and his agreement with the client. The professional standing of the lawyer. How attorney's fees may be claimed by the lawyer: It may be asserted either in the very action in which the services of a lawyer had been rendered or in a separate action. The contingency or certainty of compensation. i.03 – A lawyer shall not allow his client to dictate the procedure in handling the case.

otherwise. Compensation to an attorney for merely recommending another lawyer is improper (agents) Attorney’s fees for legal services shared or divided to non-lawyer is prohibited. When lawyer and client disregard the contract for attorney’s fees. Page 16 of 28 . the same must be disallowed on appeal. In same case: Enforce attorney’s fees by filing an appropriate motion or petition as an incident to the main action where he rendered legal services. the determination of the courts will be premature. interest. When the contract for attorney’s fees is void due to purely formal matters or defects of execution d. was not able to finish the case to its conclusion e. Quantum Meruit is resorted to where: a. but recoverable by him from his client. Champertous Contracts (void) – Lawyer stipulates with his client that in the prosecution of the case.it means "as much as he deserves". when although there is a formal contract for attorney’s fees. c. Otherwise. costs. In a separate civil action. etc. reward. b. there is no express contract for payment of attorney’s fees agreed upon between the lawyer and the client. Stipulation regarding payments of attorney’s fees is not illegal/immoral and is enforceable as the law between the parties provided such stipulation does not contravene law.03 – A lawyer shall not. b. be entitled to a division of fees in proportion to the work performed and responsibility assumed. 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. Rule 20.LEGAL ETHICS REVIEWER 3. A lawyer has 2 options. b. When the counsel. commission.that is a fee for a specific case or service rendered by the lawyer for a client Quantum Meruit . Judicial action to recover attorney’s fees: a. the stipulated fees are found unconscionable or unreasonable by the court. Skill: length of practice is not a safe criterion of professional ability. rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than 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. injustice or fraud. in cases of referral. he will bear all the expenses for the recovery of things or property being claimed by the client and the latter agrees to pay the former a portion of the thing/property recovered as compensation. Even though the interest or property involved is of considerable value. accept any fee. • • • • • • • • • • • • • Unauthorized counsel: Not entitled to attorney’s fees. with the consent of the client. if the legal services rendered do not call for much efforts there is no justification for the award of high fees.02 – A lawyer shall.04 – A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition. Division of fees is only for division of service or responsibility. and is used as the basis for determining the lawyer's professional fees in the absence of a contract. for justifiable cause. Rule 20. A lawyer should try to settle amicably any differences on the subject. without the full knowledge and consent of the client. good morals. Rule 20. Kinds of Retainer Agreements on Attorney’s fees: a. CANON 21 – A lawyer shall preserve the confidences and secrets of his client even after the attorney-client relation is terminated. Special Retainer . if it is stated only in the dispositive portion of the decision. When counsel cannot recover full amount despite written contract for attorneys’ fees: a. When he withdraws before the case is finished b. justified dismissal of attorney (payment: in quantum meruit only) The reason for the award of attorney’s fees must be stated in the text of the decision.

RRC) The mere establishment of a client-lawyer relationship does not raise a presumption of confidentiality. nor can an attorney’s secretary. or his advice given thereon in the course of professional employment. concerning any fact the knowledge of which has been acquired in such capacity (Rule 130. Rule 21. c. When necessary to collect his fees or to defend himself. Sec. without the consent of the client and his employees. his employees or associates or by judicial action. An attorney cannot. 21 (b). stenographer. be examined as to any communication made by the client to him. There must be an intent or that the communication relayed by the client to the lawyer be treated as confidential. When authorized by the client after acquainting him of the consequences of the disclosure: b. or clerk be examined. When required by law. without the consent of his client.LEGAL ETHICS REVIEWER • • • • Confidence – refers to information protected by the attorney-client privilege (RRC) Secret – refers to other information gained in the professional relationship that the client has regulated to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client.01 – A lawyer shall not reveal the confidences or secrets of his client except: a. Page 17 of 28 .

shall prejudice his client. statistical. without the written consent of his client. RPC) General Rule: Obligation to keep secrets covers only lawful purposes Exceptions: a. Other similar cases Rule 22.LEGAL ETHICS REVIEWER • • When properly authorized after having been fully informed of the consequences to reveal his confidences/secrets. use information acquired in the course of employment. Page 18 of 28 . client jumped bail and lawyer knows his whereabouts. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively. Art. e. CANON 22 – A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances.03 – A lawyer shall not. Betrayal of Trust by an Attorney or Solicitor. Rule 21. nor shall he use the same to his own advantage or that of a third person. b. When the lawyer is elected or appointed to a public office.02 – A lawyer shall not.04 – A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling. announcements of intention of a client to commit a crime b. Prohibition applies. to the disadvantage of his client. Rule 21. d. Rule 21. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement. the penalty of prision correccional in its minimum period. from disclosing or using confidences or secrets of the client. Rule 21. or client is living somewhere under an assumed name c. accounting. In addition to the proper administrative action. or both. bookkeeping. unless the client with full knowledge of the circumstances consents thereto. or having received confidential information from said client in a case. data processing. • • • • Avoid committing calculated indiscretion – accidental revelation of secrets obtained in his professional employment. then there is a valid waiver. f. by any malicious break of professional duty as inexcusable negligence or ignorance. including all information necessary for the proper handling of the matter. c.06 – A lawyer shall avoid indiscreet conversation about a client’s affairs even with members of his family. even if the prospective client did not thereafter actually engage the lawyer. and g. Rule 22. Rule 21. communication involves the commission of future fraud or crime but crimes/frauds “already committed” falls within the privilege. Rule 21. give information from his files to an outside agency seeking such information for auditing. without the consent of his first client (Rule 209.01 – A lawyer may withdraw his services in any of the following cases: a. Revelation of secrets. or a fine ranging from P200 to P1000.07 – A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest. and shall cooperate with his successor in the orderly transfer of the matter. The same penalty shall be imposed upon an attorney at law or solicitor who.02 – A lawyer who withdraws or is discharged shall subject to a retaining lien. or reveal any of the secrets of the latter learned by him in his professional capacity. shall be imposed upon any attorney at law or solicitor who.05 – A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him. immediately turn over all papers and property to which the client is entitled. or any other similar purposes. 209. having undertaken the defense of a client. When the client insists that the lawyer pursue conduct violative of these canons and rules. When his inability to work with co-counsel will not promote the best interest of the client. shall undertake the defense of the opposing party in the same case.

It is a special lien.LEGAL ETHICS REVIEWER 1. for the relation does not terminate formally until there is a withdrawal of record. b. if the consent of the attorney to be substituted cannot be obtained. In similar cases. written application b. APPLICABILITY R ETAINING LIEN Passive Lien: It cannot be actively enforced. an attorney may only retire from a case either by written consent of his client or by permission of the court after due notice and hearing. Revealing client's secrets c. Breach of fiduciary obligation c. Such termination may be with or without cause. it is exercisable only when the attorney had already secured a favorable judgment for his client • • • In withdrawal as counsel for a client. As soon as the claim for attorney’s fees had been entered into the records of the case Client and adverse party must be notified to make it effective Generally. Introducing false evidence e. in the manner prescribed by the rules. NATURE 2. however valuable the results of his services may have been to such person. Representing adverse interests d. BASIS 3. Covers all judgments for the payment of money and executions issued in pursuance of such judgments. no compensation when: a. in which event the attorney should see to it that the name of the new attorney is recorded in the case. client refuses to extend cooperation. Kinds of Contempt: • • Page 19 of 28 . Libelous words in pleadings. • • LIABILITIES OF LAWYERS • Civil Liability a. The right of a client to terminate a lawyer is absolute. Requirements for the Substitution of Counsel in a Case: a. violation of communication privilege e. there must be at least a proof of notice that the motion for substitution has been served upon him. client conducts himself in a manner which tends to degrade his attorney. documents and property in the lawful possession of the attorney by reason of his professional employment As soon as the attorney gets possession of the papers documents or property Client need not be notified to make it effective May be exercised before judgment or execution or regardless thereof. Securing of a favorable money judgment for the client. Prejudicing client through malicious breach of professional duty b. c. An attorney who could not get the written consent of his client must make an application to the court. documents. It is a general lien Lawful possession of papers. written consent of client c. Client is prejudiced by lawyer's negligence or misconduct b. NOTICE 6. written consent of attorney to be substituted d. property belonging to client.when lawyer is made liable for insisting on client's patently unmeritorious case or interposing appeal merely to delay litigation Criminal Liability a. A lawyer cannot recover compensation from one who did not employ or authorize his employment. Counsel has no right to presume that the court would grand his withdrawal and therefore must still appear on the date of hearing. COVERAGE 4. Covers only papers. client stops having contact with him. Misappropriating client's funds (estafa) Contempt of Court a. Civil liability to third persons d. Liability for costs of suit (treble costs) . W HEN LIEN TAKES EFFECT 5. CHARGING LIEN Active Lien: It can be enforced by execution.

failure to do something ordered by the court which is for the benefit of a party. 5. 5.one committed away from the court involving disobedience of or resistance to a lawful writ. Six copies of the verified complaint shall be filed with the Secretary of the IBP or Secretary of any of its chapter and shall be forwarded to the IBP Board of Governors. Rule 138. Burden of Proof : Rests on the COMPLAINANT. RRC) Procedure for Disbarment a. interrupt or embarrass the court. d.any conduct directed against the authority or dignity of the court. the one who instituted the suit • • • Page 20 of 28 . 4.LEGAL ETHICS REVIEWER 1. Indirect . Acts Constituting Contempt: 1. Board of Governors decides within 30 days. 4. upon verified complaint by any person b. the IBP. It can proceed regardless of the interest of the lack thereof on the part of the complainant. Direct . 5. to remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney. grossly immoral conduct. Unauthorized practice of law 7. It can be initiated motu propio by the SC or IBP. deceit. f. Investigation by the National Grievance Investigators. corrupt or willful appearance as attorney for a party to case without authority to do so (Sec. 27. or 2. 2. c. Publication concerning pending litigation 4. judgment or command of the court. It can be initiated without a complaint. b. Civil. Neither a civil nor criminal proceedings. or tending to belittle. 6. obstruct. Grounds for Disbarment or Suspension: 1. SC renders final decision for disbarment/suspension/dismissal. violation of oath of office. Unlawful retention of client's funds ADMINISTRATIVE LIABILITIES OF LAWYERS • Main Objectives of Disbarment and Suspension: 1. It constitutes due process. Investigation by the Solicitor-General g. 4. to set an example or a warning for the other members of the bar. 6. 7. Criminal . degrade. motu proprio. 3. 2. conviction of a crime involving moral turpitude. Publication tending to degrade the court. order. or 3. Misleading the court or obstructing justice 6. process.consists of misbehavior in the presence of or so near a court or judge as to interrupt or obstruct the proceedings before the court or the administration of justice. Double jeopardy cannot be availed of in a disbarment proceeding. 2. 3. willful disobedience of any lawful order of a superior court. Disobedience 3. 2. malpractice or other gross misconduct in office. Belligerent attitude 8. 7. motu proprio. CONVINCING & SATISFACTORY evidence. Conducted confidentially. e. 4. to protect the public Characteristics of Disbarment Proceedings: 1. to safeguard the administration of justice from incompetent and dishonest lawyers. to compel the attorney to deal fairly and honestly with his clients. the Supreme Court. punished summarily. It is imprescriptible. 6. 3. 3. Misbehavior 2. Institution either by: 1. to punish the lawyer. Quantum of Proof Required: CLEAR. disrespectful language in pleadings 5. Submission of investigative report to the IBP Board of Governors.

in person or through the mediation of another. 53 SCRA 190) 3. judicial officers and employees 6. the attorney takes part as counsel in the case d. 31 SCRA 120 ) • Elements of Article 1491 (Civil Code. Supreme Court 2. 53 SCRA 190) 5. This prohibition is entirely independent of fraud and such need not be alleged or proven. General Rule: A lawyer may not purchase. 82 SCRA 294) a. People. transaction is null and void Exceptions: a. Foreign Decisions 13. Code of Judicial Conduct 2. Revised Penal Code (Articles 204. 137. 27. Supreme Court Decisions 12. New Civil Code (Articles 9. 32. Ferrer. even at a public or judicial auction. SC Circulars Court – a board or other tribunal which decides a litigation or contest (Hidalgo v. Constitution (Art VIII. 739. 139B. 70 Phil. 1491. 2046) 4. agents 3. 20. 205. administrators 4. Lack of Intention to slight or offend the Court (Rhum of the Philippines. Anti-Graft and Corrupt Practices Act (RA 3019) 7. public officers and employees 5. prosecuting attorneys and lawyers (Art 1491. Manglapus. CA. 35. Apology (Munoz v. property is acquired by lawyer through a contingent fee arrangement b. 1491 is missing JUDICIAL ETHICS • Sources of Judicial Ethics: 1.LEGAL ETHICS REVIEWER • Officers authorized to investigate Disbarment cases: 1. Effects: a. Good faith in the acquisition of a property of the client subject of litigation (In re: Ruste. 2005. 206. Batilles. Age (Lantos v. guardians. 20 SCRA 441). any of the 4 elements of Art. 196 SCRA 16) 4. 162) 8. there must be an attorney-client relationship b. Order No. Canons of Judicial Ethics (Adm. IBP through its Commission on Bar Discipline or authorized investigator 3. the attorney by himself or through another purchases such property or interest during the pendency of the litigation. Gan. Office of the Solicitor General Mitigating Circumstances in Disbarment: 1. Art IX and Art III) 3. those specially disqualified by law (Rubias vs. 2035. 64 OG 3189) • • • Page 21 of 28 . 2. Opinions of authorities 14. any property or interest involved in any litigation in which he may take part by virtue of his profession. 135. 140) 5. Other Statutes 15. 207) 6. People. the property or interest of the client must be in litigation c. Judiciary Reorganization Act of 1930 (BP129) 11. v. Judiciary Act of 1948 (RA 296) 10. Inexperience of the lawyer (Munoz v. 243) 2. NCC) 7. Laig vs. Revised Rules of Court (Rules 71. malpractice on the part of the lawyer and may be disciplined for misconduct b. Code of Professional Responsibility 9. Inc. • SPECIAL DISABILITIES OF LAWYERS The following persons are prohibited from acquiring property under litigation by reason of the relation of trust or their peculiar control either directly or indirectly and even at a public or judicial auction: 1.

3. qualified and whose term has not expired. • • • • • • A judge must be beyond suspicion.LEGAL ETHICS REVIEWER • • • • Judge – a public officer who. 2. a public officer lawfully appointed to decide litigated questions in accordance with law. nor convey or permit others to convey the impression that they are in a special position to influence the judge. CANON 2 – A judge should avoid impropriety and the appearance of impropriety in all activities Rule 2. fairness and honesty Should not relax in his study of the law and court decisions. by virtue of his office. De Jure Judge – one who is exercising the office of judge as a matter of right.03 – A judge should be vigilant against any attempt to subvert the independence of the judiciary and resist any pressure from whatever source. Rule 2. and officer of a court who has been duly and legally appointed.A judge should uphold the integrity and independence of the judiciary Rule 1. the stability of government. VIII. He has the duty not only to render a just and impartial decision but also to render it in such a manner as to be free from any suspicion as to its fairness and impartiality. Must have been at least for 15 years. Qualification of Supreme Court Members: 1. a judge of a lower court or engaged in the practice of law (Sec 7(2). Must be models of uprightness. 1987 Constitution). competent and independent judiciary exists to administer justice and thus promote the unity of the country. CANON 1. At least 40 years of age. • • • • • • Judges should avoid even the slightest infraction of the law. Rule 2. and also as to his integrity. Rule 1. social. A judge must be temperate in his language and must not lose his cool. A judge is prohibited from making public statements in the media regarding a pending case so as not to arouse public opinion for or against a party (violates the Principle of Subjudice) Judges must not use or permit the use of any undignified/self-laudatory statement regarding their qualifications or legal services. A judge must not allow anyone to ride on his prestige. Art. integrity. Every litigant is entitled to nothing short of the cold neutrality of an independent. or other relationships to influence judicial conduct or judgment.04 – A judge shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court of administrative agency. CODE OF J UDICIAL CONDUCT PREAMBLE An honorable. is clothed with judicial authority.03 – A judge shall not allow family. Should also appear impartial.01 – A judge should be the embodiment of competence. but is exercising the office of a judge under some color of right. and the well being of the people. wholly free.02 – A judge should not seek publicity for personal vainglory.02 – A judge should administer justice impartially and without delay. disinterested and impartial tribunal. Should not be swayed by public clamor or considerations of personal popularity Must decide motions without delay. Natural born citizen of the Philippines. and independence. He should not create the impression that someone or some people are so close to him to enjoy his favor. The prestige of judicial office shall not be used or lent to advance the private interests of others. Rule 2.01 – A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary. Page 22 of 28 . De Facto Judge – an officer who is not fully vested with all the powers and duties conceded to judges. Rule 1.

If the personal view of the judge contradicts the applicable doctrine promulgated by the Supreme Court. guardians. • Judge should be conversant with the law and its amendments. public opinion or fear of criticism. heavy caseload. attentive. Rule 3. nonetheless. maintain professional competence in court managements. Rule 3. • • Finding of facts must be based not on the personal knowledge of the judge but upon the evidence presented. Judge is not excused if stenographer is overloaded. • • Conduct of trial must not be attended with fanfare and publicity. Rule 3. and courteous to lawyers.11 – A judge should appoint commissioners. appellate court enjoins judge from further proceeding. trustees. and facilitate the performance of the administrative functions of other judges and court personnel. the same criteria should be observed in recommending appointment of court personnel.09 – A judge should organize and supervise the court personnel to ensure the prompt and efficient dispatch of business.05 – A judge shall dispose of the court’s business promptly and decide cases within the required periods.08 – A judge should diligently discharge administrative responsibilities. and require at all times the observance of high standards of public service and fidelity.LEGAL ETHICS REVIEWER CANON 3 diligence A judge should perform official duties honestly. • • Judge should take notes and rely on transcripts. prevent waste of time or clear up some obscurity. • Ascertain that the records of all cases are properly kept and managed. and others appearing before the court. and with impartiality and ADJUDICATIVE RESPONSIBILITIES Rule 3. receivers. avoiding nepotism. Rule 3. not permit pictures or broadcasting. it should always be borne in mind that undue interference may prevent the proper presentation of the cause of the ascertainment of the truth. Rule 3. instead of the courts for the litigants. Where the payment of compensation is allowed. to litigants. witnesses. A judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts. Rule 3. should not make insulting remarks. Rule 3.04 – A judge should be patient. especially the inexperienced. Must use temperate language.07 – A judge should abstain from making public comments on any pending or impending case and should require similar restraint on the part of court personnel.06 – While a judge may. Rule 3. and favoritism. administrators and others strictly on the basis of merit and qualifications. He is however not prohibited from stating his own opinion on the matter if he wants to invite constructive attention thereto. He is excused for delay on grounds of multifarious motions. it should be reasonable and commensurate with the fair value of services rendered. Unless otherwise allowed by law. a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interest. to promote justice. properly intervene in the presentation of evidence during the trial.10 – A judge should take or inititate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware. Rule 3. he should decide the case in accordance with that doctrine and not in accordance with his personal views.02 – In every case.03 – A judge shall maintain order and proper decorum in the courts. Page 23 of 28 .01 – A judge shall be faithful to the law and maintain professional competence. ADMINISTRATIVE RESPONSIBILITIES Rule 3.

01 – A judge may. guardian. b. The agreement. engage in activities to improve the law. Remedy: seek new trial. serve on any organization devoted to the improvement of the law. appear at a public hearing before a legislative or executive body on matters concerning the law.LEGAL ETHICS REVIEWER • • • • • • Maintain a checklist on the cases submitted for decision with a view to know exactly the specific deadlines for the resolution/decision of the said cases. signed by all parties and lawyers. If. • • Decision to engage in these activities depends upon the sound judgement of the judge. but the power to dismiss court employees is vested in the Supreme Court. CANON 4 – A judge may. can’t be raised first time on appeal. the judge served as executor. fiduciary. These cases include. the legal system and the administration of justice. Judge has the power to appoint. with due regard to official duties. If has not enough time to spare (such as when caseload is too heavy) prudence dictates. the judge is related by consanguinity or affinity to a party th th litigant within the 6 degree or to counsel within the 4 degree. b. DISQUALIFICATIONS Rule 3. or any other interest that could be substantially affected by the outcome of the proceeding. c. May not summarily suspend a lawyer for indirect contempt. If knowingly nominate or appoint to any public office any person lacking the legal qualification therefor. trustee or lawyer in the case or matters in controversy. RPC).12 – A judge should take no part in proceeding where the judge’s impartiality might reasonably be questioned. the parties and lawyers independently of the judge’s participation. shall be guilty of unlawful appointment punishable with imprisonment and fine (Art 244. as heir. lecture. the judge’s ruling in a lower court is subject of review d. speak. c. the legal system or the administration of justice. administrator. to the extent that the following activities do not impair the performance of judicial duties or case doubt on the judge’s impartiality: a. disclose on the record the basis of disqualification. all agree in writing that the reason for the inhibition is immaterial or insubstantial. or a former associate of the judge served as counsel during their association. or otherwise. • • Petition to disqualify judge must be filed before rendition of judgment by the judge. In every instance the judge shall indicate the legal reason for inhibition. e. the judge knows that the judge’s spouse or child has a financial interest. the judge may then participate in the proceeding. write. If a judge denies petition for disqualification. Page 24 of 28 . among others. Rule 4. REMITTAL OF DISQUALIFICATION Rule 3. the ultimate test: is whether or not the complaint was deprived of a fair and impartial trial. based on such disclosure. Loss of records: gross negligence Should be a good manager. a. in the subject matter in controversy or in a party to the proceeding. shall be incorporated in the record of the proceeding. proceedings where. or the judge or lawyer was a material witness therein. legatee. he must concentrate on his judicial duties. teach or participate in activities concerning the law.13 – A judge disqualified by the terms of Rule 3. the legal system and the administration of justice. the judge has personal knowledge of disputed evidentiary facts concerning the proceeding. creditor.12 may. the legal system or the administration of justice and otherwise consult with them on matters concerning the administration of justice. instead of withdrawing from the proceeding.

FIDUCIARY ACTIVITIES • • Page 25 of 28 . VOCATIONAL. or a fine ranging from P200 to P1000. shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. In addition to acts or omissions of public officers already penalized by existing law. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification.03 – Subject to the provisions of the proceeding rule. trustee. Rule 5. immediate member of the family. • Prohibitions under the Revised Penal Code: Art 215. or employee of any business except as director of a family business of the judge. director. or both. b. sports. or contract or transaction in connection with which here intervenes or takes part in his official capacity or in which he is prohibited by the Constitution or by any law from having any interest. participate in civic and charitable activities. during his incumbency. Prohibited Transaction. CANON 5 – A judge should regulate extra-judicial activities to minimize the risk of conflict with judicial activities. bequest. teach and speak on non-legal subjects.LEGAL ETHICS REVIEWER • If a judge has time to spare. lecture. • If they opt to engage in such activities. manager. and other special recreational activities. write. Rule 5. charitable. The penalty of prision correccional in its minimum period or a fine ranging from P200 to P1000 or both.04 – A judge or any. shall not accept a gift. or increase involvements with lawyers or persons likely to come before the court. advisor. FINANCIAL ACTIVITIES Rule 5. d.02 – A judge shall refrain from financial and business dealings that tends to reflect adversely on the court’s impartiality. Possession of prohibited interest by a public officer. (Sec. religious. or non-legal advisor of a non-profit or non-political. they must learn how to manage their time in such manner that their judicial responsibilities do not falter and suffer. Exception (AGCPA): Unsolicited gifts or presents of small value offered or given as a mere ordinary token of gratitude or friendship according to local custom or usage. the best attitude to take is to participate in activities which are closely related to the performance of his duties and which do not consume much of his time and energy. or civic organization. RA 3019) General Rule: Avoid taking or receiving loans from litigants. Rule 5. serve as an officer.05 – No information acquired in a judicial capacity shall be used or disclosed by a judge in any financial dealing or for any other purpose not related to judicial activities. fraternal. Corrupt practices of public officers. shall become interested in any contract or business which it is his official duty to intervene. a judge may hold and manage investments but should not serve as an officer. 3(h). Art 216. shall be imposed upon any appointive public officer who. The penalty of arresto mayor in its medium period to prision correccional in its minimum period. interfere with the proper performance of judicial activities. engage in the arts.01 – A judge may engage in the following activities provided that they do not interfere with the performance of judicial duties or detract from the dignity of the courts: a. CIVIC AND CHARITABLE ACTIVITIES Rule 5. • Sec 3. the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: XXX (h) Directly or indirectly having financial or pecuniary interest in any business. favor or loan from anyone except as may be allowed by law. c. shall be imposed upon a public officer who directly and indirectly. director. educational.

resignation or promotion of a judge does not necessarily render moot and academic all the cases against him.09 – A judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions. trust.may engage only in notarization of documents connected with the exercise of their official functions.05 PRACTICE OF LAW AND OTHER PROFESSION Rule 5. “member of immediate family” shall be limited to the spouse and relatives within the second degree of consanguinity. But to avoid suspicion of political partisanship. Provided. the judge may not have acquired the property in litigation in a case before him. trustee. As a family fiduciary.10 – A judge is entitled to entertain personal views on political questions. Willful or negligent rendition of a decision which causes damages to another c. But… while in a technical sense.06 – A judge should not serve as the execution administrator. guardian. Cannot serve as officers or advisers of political groups. violates or in any manner impedes or impairs the civil rights. b. Taking advantage of his position to boost his candidacy amounts to gross misconduct. the amount of personal and family expenses and the amount of income tax is paid for the next preceding calendar year. • • Includes preparation of pleadings or papers in anticipation of litigation. Sworn statement of assets and liabilities including statement of amounts and services of income. a judge shall not make political speeches. Exception: Does not apply where the subject property was not acquired from any of the parties to the case. • • • An administrative case against a judge is not necessarily dismissed by the withdrawal by or desistance of the complainant. it is improper for him to have done so under the canons of judicial ethics. promulgated on 5 September 1989.02 to 5. Exception: “Notaries public ex-oficio” .LEGAL ETHICS REVIEWER Rule 5. Unless prohibited by the Constitution or law. POLITICAL ACTIVITIES Rule 5.07 – A judge shall not engage in the private practice of law. or b. except for the estate. Donations made to a judge by reason of his office are void. shall take effect on 20 October 1989. contribute to party funds. Civil Code Disabilities: Rule: Can’t purchase properties subject of litigation is his court. nor will it apply when the litigation is already finished. FINANCIAL DISCLOSURE Rule 5. COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT All judges shall strictly comply with this code • DATE OF EFFECTIVITY This code. obstructs.08 – A judge shall make full financial disclosure as required by law. act as such contrary to Rule 5. Not engage in notarial work. defeats. or person of a member of the immediate family and then only if such service will not interfere with the proper performance of judicial duties. • • • • Page 26 of 28 . nevertheless. or other fiduciary. EXTRA-JUDICIAL APPOINTMENTS Rule 5. publicly endorse candidates for political office or participate in other partisan political activities. For damages: rendering/neglecting to decide a case causing loss to a party. all notarial fees on account of the government and certification attesting to lack of any lawyer or Notary Public. a judge shall not: a. and giving of legal advice to clients or persons needing the same. Retirement. serve in proceedings that might come before the court of said judge. Civil Liabilities Re Official Functions: a. a judge may engage in the practice of any other profession provided that such practice will not conflict or tend to conflict with judicial functions.

in the execution of: 1. 3. that the judgment is manifestly unjust. RPC) The elements are: 1. 3. deeds 2. vessels or boats: 1. those who have passed the studies of law in a reputable university b. Knowingly Rendering Unjust Judgment (Art. and b. verification of the capacity and identity of the parties as well as the legality of the act executed. in all matters incident to his notarial office. To receive proof or acknowledgment of all writings relating to commerce. Judgment Rendered Through Negligence (Art. transfers and assignments e. letters of attorney d. the judge knows that his judgment is unjust. 204. RPC) The elements are: 1. Mortgages 4. Bills of Exchange 2. To administer all oaths and affirmations provided for by law: a. Notaries Public • Powers and Duties of a Notary Public Section 241 of the Revised Administrative Act enumerates the General Powers of a Notary Public: 1. • The law imposes on the notary public two kinds of duties: a. charter parties or affreightments c. Circular 8 of 1985 however. 205. • Q: Must a Notary Public always be a LAWYER? A: General Rule: Only those admitted to the practice of law are qualified to be notaries public. clarified further that the notary public may be commissioned for the same term only by one court within the Metro Manila region. 2. depositions 3. Exception: When there are no persons with the necessary qualifications OR where there are qualified persons but refuse appointment. that the officer is a judge. To make declarations and certify the truth thereof under his seal of office. Hypothecations b.LEGAL ETHICS REVIEWER CRIMINAL LIABILITIES OF J UDGES • Malfeasance under the RPC: a. 4. and for the notary public in the City of Manila. a clerk or deputy clerk of court for a period of not less than two years Page 27 of 28 . that the offender is a judge. execution of formalities required by law. the jurisdiction is CO-EXTENSIVE with said city. ships. mortgages 3. b. concerning all matters done by him in virtue of his office. affidavits 2. 2. used to be COEXTENSIVE with the province for which he was commissioned. such as a. Bottomries 3. the following persons may be appointed as notaries: a. • Extent of Jurisdiction of a Notary Public: Under the Notarial Law. other documents requiring an oath 2. land/buildings or interest therein: 1. b. that the judgment is unjust. To act as magistrate in the writing of affidavits or depositions 4. 4. that he renders judgment in a case submitted to him for decision. In which case. the jurisdiction of a notary public in general. that is due to his inexcusable negligence or ignorance. other writings as are commonly provided or acknowledged before notaries. that he renders judgment in a case submitted to him for decision 3.

It constitutes prima facie evidence of the facts which give rise to their execution and of the date of said execution. 2. but not of the truthfulness of the statements. The reason for the former presumption is that the law assumes that the act which the officer witnesses and certified to or the date written by him are not shown to be false since notaries are public officers. Page 28 of 28 . that all the parties therein personally appeared before him b. proclaims to the world: a. (Joson vs. and e. 3. Baltazar) Documents enjoy a presumption of regularity. in effect. Effects of NOTARIZATION The notary. that he inquired into the voluntariness of the execution of the instrument. that they are the same persons who executed the instrument d. that they acknowledged personally before him that they voluntarily and freely executed the same Converts a private document into a public one and renders it admissible in court without further proof of its authenticity. that they are personally known to him c.LEGAL ETHICS REVIEWER • 1.

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