BAR REVIEWER in Legal and Judicial Ethics 2005 Edition —oo BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ERNANI CRUZ PANO Retired Court Administrator, Supreme Court; Law Professor; Formerly Judge, Regional Trial Court, Pasig, Br. 88, Quezon City; Member, Supreme Court Rules of Court Revision Committee; Committee Continuous Trial, Trial Committee; Participant, 1978 Harvard Law School Special Program, Quezon City: Lecturer, U.P. Law Center; U.P. College of Law U.S.T, San Beda College of Law; MLQU, U.E. School of Law; Participant, 1981 California Judicial College University of California, Academy of Trial Judges; International Associate, American Bar Association ~ 2005 EDITION 856 Nicanor Reyes Sr, St. Tel. Nos. 736-05-67 » 7365-13-64 1977 CM. Recto Avenue | Tel. Nos. 735:56-27 + 735-55-34 : Manila, Philippines 3 - ‘Introduction TABLE OF CONTENTS PartI OVERVIEW OF ETHICS Various Concepts of Ethics by Philosophers . Divisions of Ethics a Life ., b, Knowledge c Play ., d. Aesthetic Experienc e. Sociability (Friendship) f. _ Practical Reasonablenes: g. Religion... Complaint .... Part I QUESTIONS AND ANSWERS IN LEGAL ETHICS .... Part Ill CASES IN JUDICIAL ETHICS 2. Judge Liable for Dismissal for Continuing Immoral Relation after having been Previously Disciplined for such Misconduct 3, Immoral Advanees on a Litigant by a Judge Ground for Dismissal . 4, A Judge should not Depend on Subordinates to Remind Him of His Deadline... ix RRR WOOD DHE 92 92 93 94i 10. nL 12, 13. M4. 15. 16. 17. 18. 19. Judge could not Act on Motions without Proof of Service won Erroneous Anquittal by Judge a Ground for Admonition. One Month Salary Fine for Erroneous Quashal of Criminal Information . Amicable Settlement between Respondent ‘and Complainant not a Ground to Dismiss Charges Holding in Abeyance of Warrant of Arrest Due to Reinvestigation Not Allowed .« ‘A Misuse of the Word “GIMMICK” While Not Warranting Censure is Deserving of Admonition .... Seven-Day Salary Fine for Delivering Speech in a Political Convention Failure to Apply Indeterminate Judgment ‘Sentence Law. Judge Liable for Two Months Salary Fine What Constitutes Rendition of Judgment. Judge Fined for Detention of Contemnor ‘on Indirect Conterapt Without Hearing ‘Non-Docketing of Cases Warrants Reprimand.. Errors in Penalty Denial of Inhibition Upheld.. May a judge be held administratively liable for rendering an erroneous order or judgment ‘What is the liability of the judge who allows her husband, a private practitioner to use the address of her court as his office address? Is acceptance of a consultancy contract in a GOCC a violation of the prohibition from reappointment imposed on a judge in the administrative cases? ... 95, 95 100 100 101 101 101 21, Serenity and Ability to Koop One's Cool Required of Judges : Harosament of Judges Not Countenanced .. Calling a Party an “Octopus, Dictator” ete., Impropor for a Judge Use of Car Undor Lovy Use of Falsified Evidence Compromise After Misappropriation BB Ignorance on Jurisdiction Issue on Appeal Cannot Be Basis for Administrative case Affidavit of Desistance Not Ground for Dismissal of Complaint ‘Non-Transcription of Stenographic Notes — No Excuse for Delay in Decision . Anonymous Complaints may be Entertained if Verifiable from Public Records Condonation by Judge's Wife of Husband's Concubinage does not Preclude Dismissal Serious or Grave Misconduct, Defined .. Respectful Request for a Judge to Inhibit Himeelf is not Contemp! Prosecutor who was appointed District Judge May Not be Charged for Actuations as Prosecutor where Chief Executive Dismissed Charges. Aberrations Due to Negligence not Serious Misconduct 37. Failure of a Judge to Inhibit Himselfin a Case Involving his Nephew Violation of Judicial Ethics 38. Referral of Tenancy Determination to Secretary of Agrarian Reform is not Professional Incompetence of the Judge . $ B BSSEE 2 & £8 8 8 102 102 103 104 104 105 106 107 107 108 109 109 110 a m1 112 13 11339. Contumacious Act Against the Provincial Board May Not be Punished as Direct Contempt of the Court of First Instance... 40, Ex-Parte Hearing Justified in the Absence of Oppositor 41, Error of Judgment Not an Unjust Decision. 42, Dismissal Where Two Charges are Substantially the Same . 43. Administering Oath Without AMfiant Censurable 44, Not Evory Ruling Calls for Disciplinary Action... 45, Effect of Cessation from Office Part IV ‘ RULES 138-139-B, RULES OF COURT Rule 138 — Attorneys and Admission to Bar. Rule 138-A ~ Law Student Practice Rule Rule 139 — Disbarment or Suspension of Attorneys Rule 139-A — Integrated Bar of the Philippine Rulo 139-B — Disbarment and Discipline of Attorneys PartV CASE NOTES — LEGAL ETHICS 1, Unimpeachable Accounting of Clients’ Funds Required . Presumption of Innocence . Attorney's Fees... |. Conflict of Interest . Unauthorized Settlement by Lawyer, Unethical ... ee en ai m4 18 6 6 uz 117 uz 118 128 128 131 138 145 146 147 148 149 7. 10. i 12, 13. . Non-filing of Brief ,.. Contempt for Disrespectful Language .. }. Notarization of Document Without Vendor's Signature is Malpractice Unauthorized Practice by Court Personnel, Ground for Dismissal... Dismissal of Criminal Action Ground to Dismi Disbarment Proceedings Conviction of Client Not Considered Negligence Filing of Motion for Extension on the Last Day and Sending it by Registered Mail shows Lack of Professional Competence and Diligence Controversies With Client's on Attorney's Fees to be Avoided APPENDICES 231 255 257 264 274Part | OVERVIEW OF ETHICS Introduction Ethies is about how we ought to live. What makes an action the right, rather than the wrong thing to do. Etymologically, the word Ethics is from the Greek word ETHIKOS, in turn from ETHOS, usage, character, disposition, manner and the more formal definition of ethics is that, it is an inquiry into the nature, morality or moral acts; the search for the morally good and right. Ethics is the word used to refer to the set of rule, principles or ways of thinking that guide, or claim authority to guide the actions of a particular group. Ethics suggests a set of duties that require us to subordi- nate our natural desire (including sexual desire) in order to obey the moral law. Various Concepts of Ethics by Philosophors 1, Plato considered Ethics as something inspired to the weuker party by the stronger. Aristotle thought that virtue has to be taught and then practiced, so that it becomes a habit. The Chinese philosopher, Mencius, thought that human beings pos- sess innate sense of right and wrong, They do evil because adverse condition have corrupted their nature. Rousseau saw man as a noble savage satisfied by the bounty of nature. Hu: man being for Roussacu were naturally ethical being, It is civilization and the concept of property that has corrupted them. Hume posits that men are torn between their sense of human: 12 BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ‘on so that the function of ethics ity and our avarice and ambiti u ts that meet with the general is to reinforce those sentiment approval of all. Materialist philosophers like Marx, Kant, together with Charles Darwin confined Ethics to economic arrangement un- der which human live — the way they produce their food, their means of production whether they live under a feudal or capi- talist economy. Specifically, Charles Darwin viewed that the origin of ethies is the social instincts which bares ethical behavior motivated by the instinctive desire to promote the common ‘good. Freud viewed that the origin of ethics is the desire to resolve the conflict between the individual and the collective ego. DIVISIONS OF ETHICS 1». The field of Ethics is commonly divided into two parts — (a) Meta ethics and (b) Normative ethies Meta ethics deals with the reflections on philosophy of ethics; Normative ethize is applied ethics, a study of ethics intended to influence men. Normative ethics refers to norms, values, rule, standards or principle that should guide our deci sion about what we ought to do. Legal ethies:is an example of normative ethics. According to John Finnie, a professor of Legal Philosophy in the University of Oxford, in his article “Natural Law and Natural Rights” the basic values are: A. Life A first basic value, corresponding to the drive of self ervation is the value of life. The term “if” here Seas ‘aspect of the vitality (vita, life) which puts a human being in good shape for self-detormination, Hence, life here includes bodily (including cerebral) health and freedom from the pain that betokens organic malfunctioning or injury. And the recog- nition, pursuit, and realization of this basic human purpose (or internally related group of purposes) are as various as the crafty struggle and prayer of a man overboard secking to stay afloat until his ship turns back for him; the team-work of surgeons OVERVIEW OF ETHICS : and the whole network of supporting staff, ancillary services, medical schools, ete,; road safety laws and programmes; famine relief expeditions; fanning and rearing and fishing; food mar- keting; the resuscitation of suicides; watching out as one steps off the kerb, B. Knowledge The second basic value is knowledge, considered as desir- able for its own sake, not merely instrumentally. Cc. Play The third basic aspect of human well-being is play. A cer- tain sort of moralist analyzing human goods may overlook this basic value, but an anthropologist will not fall to observe this large and irreducible element in human culture. More impor- tantly, each one of us can see the point of engaging in perform- ances which have no point beyond the performance itself, en- joyed for its own sake. The performance may be solitary or social, intellectual or physical, strenuous or relaxed, highly structured or relatively informal, conventional or ad hoe in its pattern.... An element of play can enter into human activity, even the drafting of enactments, but is always analytically distinguishable from its “serious” context; and some activities, enterprises, and institutions are entirely or primarily pure play. Play, then, has, and is its own value. D. Aesthetic Experience ‘The fourth basic component in our flourishing is aesthetic experience. Many forms of play, such as dance or song or foot- ball, are the matrix or occasion of acsthetie experience. But beauty is not an indispensable element of play. Moreover, beau- tiful form can be found and enjoyed in nature. Aesthetic experi- ence, unlike play, need not involve an action of one’s own: what is sought after and valued for its own sake may simply be the beautiful form “outside” one, and the “inner” experience of ap- preciation ofits beauty, But often enough the valued experience is found in the creation and/or active appreciation of some work of significant and satisfying form.‘ BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS E, Sociability (Friendship) Fifthly, there is the value of that sociability which in its weakest form is realized by a minimum of peace and harmony amongst men, and which ranges through the forms of human community to ite strongest form in the flowering of full friend- ship. Some of the collaboration between one person and an- other is no more than instrumental to the realization by each of his own individual purposes. But friendship involves acting for the sake of one’s friend’s purposes, one’s friend’s well-being. To bein a relationship of friendship with at least one other person is a fundamental form of good, is it now? F. Practical Reasonableness Sixthly, there is the basic good of being able to bring one’s ‘own intelligence to bear effectively (in practical reasoning that iscues in action) on the problems of choosing one’s actions and lifestyle shaping one’s own character. Negatively, this involves, that me has a measure of effective freedom; positively, it in- volves that one seeks bring an intelligent and reasonable order into one’s own actions and habits and practical attitudes. This order in turn has (i) an internal aspect, as when one strives to bring one’s emotions and dispositions into the harmony of an inner peace of mind that is not merely the product of drugs or indoctrination nor merely passive in its orientation; and (ii) an external aspect, as when one strives to make one’s actions (which are external in that they change states of affairs in the world and often enough affect the relations between persons), au- thentic that is to say, genuine realizations of one’s own freely ordered evaluations, preferences, hopes, and self-determina- tion. This value is thus complex, involving freedom and reason, integrity and authenticity. But it has a sufficient unity to be treated as one; and for a label I choose “practical reasonableness.” G. Religion Soventhly, and finally in this list, there is the value of what, since Cicero, we summarily and lamely call “religion.” For, as there is the order of means to ends, and the pursuit of life, truth, play and aesthetic experience in some individually selected order of priorities and pattern of specialization, and te en OVERVIEW OF ETHICS 6 the order that can be brought into human relations through collaboration, community and friendship, and the order that is to be brought into one’s character and activity through inner integrity and outer authenticity, so, finally there arise such questions as (a) How are all these orders, which have their immediate origin in human initiative and pass away in death, related to the lasting order of the whole cosmos and to the origin, in any, of that order? (b) Is it not perhaps the case that human freedom, in which one rises above the determinism of instinct and impulse to an intelligent gresp of worthwhile forms of good, and through which one shapes and masters one’s envi- ronment but also one’s own character, is itself somehow suber- dinate to something which makes that human freedom, human intelligence, and human mastery possible (not just “originally” but from moment to moment) and which is free, intelligent and sovereign in a way (and over a range) no human being can be?Part Il QUESTIONS AND ANSWERS IN LEGAL ETHICS 1. Q Whyis law considered a profession? A. Aprofession is characterized by four (4) traits sak rd specialized body ofknowledge a commitment othe ility to ii i social god, the ability to regulate itself, and high A profession is the activity of groups of sons whor (1) are engaged in a earned ectivity (2) the engagement is more or less full time; (3) the act itselfis helpful to others in some important way; (4) the persons so engaged form an organization gov- eraing how they Practice their act; (5) the govern- is primarily for the publi rather than for the good of those coogi Under this definition, law is a professi cause law isa learned activity. Ite members hee an advanced degree and passa difficult competency examination. Lawyers spend much of their time pro- viding an important service to others. Lawyers have organized themselves with national, state, country city associations. Among the purposes of such associations are maintaining the integrity and com- Petence of lawyers, making legal counsel available (gall who need it and improving the legal system, (See Ethice and the Legal Profession by Michacl vis and Frederick A. Elliston, pp. 24-25) - Q. Judge G was assigned a courthouse, a residential bullding. He devoted some rooms in the house for GAL ETHICS 1 QUESTIONS AND ANSWERS IN 11 the dwelling of his family. When the owner com: plained, he cited the housing shortage. Also, that hho Is able to guard court records. Is the Judge Ik able? ‘A. Yes, Such use of the court’s premises inevitably de- grades the honor and dignity of the court and hence prejudices the administration of justice. Activities of a judge in respect of their personal affairs aro subject to the supervisory authority of the court whenever such conduct places the entire judiciary in danger of public disrepute. (Min. Resolution, Adm. RTJ 89-327, 17 October 1991, citing Babatio vs. Tan, 109 SCRA 417) 3. @. May a lawyer be considered as engaging in law practice although he does not appear In court liti- gations? A. Yes. Atty. M’s past work experiences as a lawyer economist, a lawyer-manager, a lawyer-entre- preneur of industry, a lawyer-negotiator of contracts, anda lawyer legislator of both the rich and the poor — verily more than satisfy the constitutional requirement — thathe has been engaged in the prac- tice of law for at least ten years. ‘The practice of law is not limited to the con- duct in court, (Land Title Abstract and Trust Co. vs. Dworken, 129 Ohio St. 23, 193 N.B. 660)A person is ‘also considered to be in the practice of law when he: “xxx for valuable consideration engaged in the business of advising person, firms, as- sociations or corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings pend- ing or prospective, before any court, commis- sioner, referee, board, body, committee, or com- mission constituted by law or authorized to set tle controversies and there, in such representa tive capacity performs any act or acts for the purpose of obtaining or defending the rights ofBAR REVIEWER IN LEGAL AND JUDICIAL ETHICS their clicnts under the law. Otherwise stated, one who in a representative capacity, engages in the business of advising clients as to their rights under the law, or while so engaged per- forms any act or acts either in court or outside of court for that purpose, is engaged in the prac- tice of law.” (State ex rel. Mckitrick vs. C.S. Dudley and Co,, 102 S.W. 2d 895, 340 Mo. 852) ‘This Court in the case of Philippine Lawyers Association vs, Agrava (105 Phil. 173, 176-177) stated: “The practice of law is not limited to the conduct of cases or litigation in court; it em- braces the preparation of pleadings and other papers incident to actions and special proceed- ings, the management of such actions and pre- ceedings on behalf of clients before judges and courts, and in addition, conveying. In general, all advice to clients, and all action taken for them in matters connected with the law incor- poration services, assessment and condemna- tion services contemplating an appearance before a judicial body, the foreclosure of a mort- goge, enforcement of acreditor’s claim in bank- ruptey and insolvency proceedings, and con- ducting proceedings in attachment, and in matters of estate and guardianship have been held to constitute law practice, as do the prepa- ration and drafting of legal instruments, where the work done involves the determination by the trained legl ind fhe legal fet oics and conditions.” (Cayetano vs. M 100113, 3 September 1991) ono 4. Q May a lawyer execute a mortgage contract over the estate proporty after partition is aj pproved but botore the estate proceeding is declared closed? No. Until estate proceeding i uU ig is declared closed and terminated, even if a project of partition has been 5. Q. 6 a A. QUESTIONS AND ANSWERS IN LEGAL ETHICS approved, estate property still in litigation and at- torney for the estate cannot execute a mortgage con- tract over estate property. (Fornilda vs. Bradish 164, GR. No, 72306, 24 Jan. 1989) Distinguish the power to cite for contempt and the disciplinary power over lawyers. Disciplinary power is broader than the power to cite for contempt. Contempt power does not exhaust the court's disciplinary power — a lawyer's act which obstructs or degrades administration of justice con- stitutes both professional misconduct and contuma- cious conduct. It cannot be said that the exercise of discipli- nary authority by the court when it is unjustly at- tacked constitutes the court an offended party, pros- ecutor and judge at the same time, A libel suit is not the remedy of the judge be- cause the outrage is directed not to the judge as such but to the court as an organ of the administration of justice. Also, a judge must confine his time exelu- sively in discharging his public duties; public inter- est suffers when the judge is disrobed of his judicial ‘authority to face his assailant on equal grounds to prosecute cases as a private individual. (Zaldivar vs. Gonzales, G.R. Ne. 60578, 7 Oct. 1988) Is indefinite suspension of a lawyer a cruel pun- Ishment? No. Indefinite suspension gives the lawyer the key to the restoration of his right by giving him a chance to purge himself in his own good time of his con- tempt or misconduct by acknowledging his miscon- duct, exhibiting appropriate repentance, and dem- onstrating his willingness and capacity to live up to the exacting standards required of every lawyer. (Zaldivar vs. Sandiganbayan, G.R. No. 80578, 1 Feb. 1989)10 2 Qa 2a A BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS What is the criterla for reinstatement of a disbarred lawyer? ‘a. Appreciation of the significance of his derelic- tion. b. Assurance to the court that he now possesses the requisite probity and integrity necessary to guarantee his worthiness to be restored to the practice of law. ‘ ¢. the time elapsed between disbarment and ap- plication for reinstatement. good conduct and honorable dealing subse- quent to his disbarment. €. active involvement in civic, educational and re- ligious organizations. £ favorable indorsement of IBP as well as local government officials and citizens of his com- munity. g. the pleas of his mother and wife for the sake and fortune of his family. (Tan vs. Sabandal, 170 SCRA 211) May a lawyer with a contingent fee agreement ap- peal an order of dismissal in substitution of his own client who asked for the dismissal of the es- tate proceeding? No. The lawyer of testamentary heirs under a con- tingent fee contract cannot substitute for his client who acks for dismissal of probate proceedings; law- yer cannot appeal on behalf of client, (Leviste vs. Court of Appeals, G.R. No. L-29164, 30 Jan, 1989) When should the amount of att termined? ettoregys Tes beiGe ‘The determination of attorney's fees may be mad only after the main litigation has been decided The determination may be made in the same action in M 412. QUESTIONS AND ANSWERS IN LEGAL ETHICS " which the services have been rendered although the attorney’ fees is less than the amount prescribed for the court’s jurisdiction. (Quirante vs. LAC, G.R. No. 73886, 31 Jan. 1989) Lawyer B recorded a charging lien in the case. Ak though the case was dismissed, and there was no award for his client, he asked the court to order payment of fees. Is this tenable? No. Where no amount is awarded to a party, and hence, there is nothing to generate such lien, the lawyer's lien cannot be enforced. He must institute a separate suit for his fees. Also, a lawyer has no lien on the land of his client although he successfully prosecuted an action toestablish the client's title thereto. There is no stat- ute authorizing such lion. (See Metropolitan Bank and Trust Co. vs. CA, G.R. Nos. 8610-03, 23 Jan. 1990, Second Division) J&B were former partners of XYZ law office. They tesigned and formed their law office which repre- sented SIH against PBC, who Is represented by XYZ law firm. PBC objects to the appearance of J &B who demurred on the ground that they did not participate in the case of PBC when they were still members of the XYZ law office. May J & B be dis- qualified? Yes, Whether or not J & B participated in the case of PBC when they were still members of XYZ law firm is of no moment. As former members of the XYZ law firm, they were privy to information that may be prejudicial to PBC’s cause of action. (Phil. Bloom- ing Mills Co. vs, CA, G.R. No. 87053, 29 Nov. 1989) Would you consider the following statements in a pleading before a Supreme Court disrespectful lar guage meriting sanction?13, BAR REVIEWER IN LEGALAND JUDICIAL ETHICS decision of the Court in the above sitsoea Case reads more like a brief for the Ayala x xx. The Court not ‘only put to serious: question its own integrity and competence but also jeopardized Its own campaign against graft and corruption undeniably per. ‘vading the judiclary xx x. Itis submitted that this ruling is the most serious reflection on the Court’s competence and Integrity and exemplifies its manifest partiality towards Ayala xxx.” ‘A. Theremarks made by a former judge is disrespect- ful and warrants imposition of a fine. As a former judge, counsel should know that in any litigation, ‘one party prevails but his success will not justify indictment of bribery by the other party. Respond- ent is entitled to his opinion but not licensed to in- sult the Court with derogatory statements and re- course to argumenta ad hominem. (Sangalang vs. IAC, G.R. No, 71169, 30 Aug. 1989) Q. Atty. A, a rich man and chairman of a college of medicine and very much married, engaged in ‘sexual intercourse with a student of the school and begot a child with hor. The Solicitor General lier, recommended a three-year suspension for the lawyer. As the matter was pending for ten years since the recommendation was made, and further that complainant had gone and with respondent knowing him to be a married man, asked for the dismissal of the case for being moot and academic. The OSG asked the Court to consider respondent suspended for the ten-year period the case was pending as the lawyer was not engaged in law prac- tice. Is the recommendation tenable? A. No. The lawyer should be disbarred. As the lawyer, a rich man, is not really practicing, his suspension would serve no redeeming purpose. The fact that he is arich man and does not practice, does not render respondent a person of good moral character. (De los Reyes vs. Aznar, AM No. 1334, 28 Nov. 1989) 14. a A. 15. Q A 6. a A QUESTIONS AND ANSWERS IN LEGAL ETHICS 18 When is a judge deemed to have “knowingly ren- dered” an unjust decision? A judge is expected to follow the rules prescribed to ensure a fair and unpartial hearing, assess the different factors that emerge therefrom and bear on the issues presented, and as the basis of the conclusions he finally established, with only his conscience and knowledge of the law to guide him, adjudicate the case accordingly. If in the view of the judge, the evidence for the defense was enti- tled to more weight and credence, he cannot be held to account administratively for the result of his ratiocination. For that is the very essence of judicial inquiry; otherwise the burdens of judicial office would be intolerable. Mere errors in the appreciation of evidence, unless so gross and patent as to produce an infer- ence of ignorance or bad faith, or that the judge knowingly rendered an unjust decision are irrel- evant and immaterial in administrative proceeding against him, (Miranda vs. Manalastas, AM. MTJ 89-159, 21 Dec. 1989) When are libelous statements considered privi- leged? ‘These statements are privileged only when relevant to the issues raised. Thus, in a collection case filed by @ rural bank against a borrower, a third party complaint against the bank manager which imputes to the bank manager acts of misappropriation that were unrelated to the issue of indebtedness, the li- belous statements were not deemed privileged. (Paredes vs. IAC, G.R, No. 70717, 9 May 1990) May ajudge file a petition for certiorari to review a Court of Appeals decision which reversed or modified his decision? No. The judge is only a nominel party impleaded to comply with the rules. A decent regard for the judi-1“ 17. @ A 18. Q A 19. a A ‘BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ; ing against the cial hierarchy bars a judge from sun adverse opinion ofa higher court. panting ure of Appeals, G.R. No. 1-46845, April 27, 1990) Ajudge of a Municipal Trial Court struck off an an- swer prepared by 2 party calling it a mere “scrap of paper” without the assistance of a counsel. He advised the party to secure a lawyer. Does this constitute misconduct? A party need not be a lawyer to conduct his own litigation. It is not therefore correct to consider the answer a “mere scrap of paper.” However, a judge may properly advise a party to seek assistance of a lawyer so that the party’s pleading may be properly prepared in the interest of orderliness and efficiency. (Cabandong vs. Judge Calderon, AM No. RTJ-8943, 20 Feb. 1990) ‘Aludge did not disclose that he had pending criml- nal cases filed against him at the time of his ap- pointment. His defense was that he is presumed innocent of the charges before his conviction. May he be removed for such non-disclosure? ‘Yes, He had the duty to disclose such information to enable the appointing authority to determine his eligibility for the office. Every prospective appointee must apprise the appointing authority of every mat- ter hearin on his fitness for judicial office, includ- ing those that reflect on his integrity and probity as he On ar uoten. (3) of the 1987 Consti- n. (Office of the Court Administrator vs. J Estacion, AM RTJ.87.104, 11 Jan, 1980) ue May a lawyor terminate his bar membership? Yes, under See. 21, Art. If of th 21, Art, ie IBP By-Laws, a 73- year old lawyer who had not practiced hia profes- on ne his retirement as a government official as allowed to terminate by the Court after filing 20. 24. a QUESTIONS AND ANSWERS IN LEGAL ETHICS 15 the requisite verified notice of termination with the Secretary of the Integrated Bar. (In re Atty. Jose Principe, Bar No. 543, 20 Sept. 1990) May the Solicitor General refuse to appearinacase if he disagrees with the stand of a government agency seeking to be represented by his office? No, Even if the opinion of the Solicitor General is, inconsistent with the government or any ofits agen- cies he is expected to represent, he should still ap- pear and inform the Court of his stand. ‘Thus, in criminal cases, the Solicitor General may recommend acquittal. The Solicitor General is the lawyer of the government in any litigation pro- ceeding, investigation, or matter requiring the serv- jces of a lawyer. The only exception is when such officials or agents are being charged criminally or are being civilly sued for damages arising from a felony. (Orbos vs. Civil Service Commission, G.R. No. 92561, 12 Sept. 1990) Atty. V was the managing partner of a partnership HUV and at the same time legal counsel of L, in the latter's capacity as a special administrator of the Intestate estate of F. The partnership HJV and the ‘estate represented by L executed a lease contract cover sugar lands owned by the estate with Atty. V signing as manager of the partnership. Charged with misconduct, his defense was that he only acted as agent of HJV, and also the heirs of the estate acquiesced and consented to the contract. ts this tenable? No. This conduct is contrary to Arts, 1461 and 1646 of the New Civil Code, prohibiting acquisition of the client's property, Canon 1 of the Code of Professional Responsibility and Secs. 3 and 26, Rule 188, Rules of Court. (See Mananguil vs. Villagas, Adm. 2430, ) 30 August 18 2. 27. a 28. a. BAR REVIEWERIN LEGAL AND JUDICIAL ETHICS ‘on terminated his employment as le~ a staple the theory that the cllent may ter. jal assistant aerate the lawyer's services with or without cause, Is this correct? No: Atty, M was not hired on a retainer basis, Un. der the contro! test, itis clear that Atty. M was an employee and the termination of his service is gov. _ armed by the labor code. (See Hydro Resources va, Labor Arbiter, G.R. No. 62909, Third Division, 12 April 1989) A lawyer for the accused moved for the dismissal of the appeal of his client because he. believes the appeal was frivolous. Is this proper? No. Ifthe lawyer believes the appeal to be frivolous, he must withdraw his appearance. He cannot move to dismiss the appeal. (People vs. Pagaro, Minute Resolution, G.R. Nos. 93026-27, 24 July 1991) May Judges join provincial committees on justice? No. Judges cannot occupy positions in agencies which would make them subordinates of executive or legislative officials. Thus judges cannot be mem- bers of a committee created by Executive Order which performs administrative function and is un- der the supervision of the Secretary of Justice. How- ever, they may extend assistance to such committee when such assistance may be reasonably incidental to the fulfillment of their judicial duties, (In re: Judge Mindaro, AM No. 88-7, 5 Oct. 1988) 1s membership of the judge and lawyer in the same college fraternity, or their being graduates of the ‘same school a ground for disqualification? No. Membership in a coll it . lege fraternity or in an alumni association or civic group like Rotary ia not @ ground for inhibition. Such members are even ex 93-05 Bows 63 ae Baan. > 2 QUESTIONS AND ANSWERS IN LEGAL ETHICS 19 pected to maintain the highest standards of probity. Thus, a complainant cannot ask that a judge inhibit himself because he and the respondent are mem- bers of Sigma Rho. (See Bellosillo vs. Saludo, AM 3297, Min. Res., En Bane, 6 April 1989) Membership in Rotary and same college fra- ternity not a ground for inhibition. Such members are expected to maintain the highest standards of probity. What Is misconduct by Judge? Misconduct, which affects officer’s character as a pri- vate individual, has direct relation and is connected with the performance of official duties amounting either to maladministration or wilfull, intentional neglect of his office. (Cledera vs. RTC 88-259, 27 June 1989) (Id.) ‘Thus mere failure to pay a debt is not miscon- duct absent showing of abuse of authority or mali- cious intent. May Municipal Trial Court Judges act as Notaries? ‘They may act as Notaries Public Ex Officio only in the notarization of documents connected with the exercise of their official functions and duties, but may not undertake preparation and acknowledg- ment of private documents, contracts and other acts of conveyances which bear no direct relation to the performance of their function as judge. In places however, where there are no nota- ries public, municipal trial judge may act as regular notaries public provided that fees are turned over to the municipal treasurer, and a certification is made in the notarized document that there is no lawyer or notary in the municipality or cireuit. (Adm. Matter No, 89-11-1308, Martinez, 1969 Summary, p. 809)a a BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS What is the duty of a judge with respect to court records? {A Judge is expected to ensure that the records of cases assigned to his sala are intact. There is no justification for missing records save @ fortuitous ‘event. The loss of notable but light record is indica. tive of gross misconduct and justifies dismissal of the judge. (See Longboan vs. Judge Polig, AM No, R-704 RTJ, 14 June 1990) ‘State what Legal Ethics is, and its importance and necessity. (1967, 1970, 1978 Bar) Legal Ethics is that branch of moral science which treats of the duties which an attorney-at-law owes to his client, to the Court, to the Bar, and to the public. (Jessup, the Professional Ideals of a Lawyer, p4) ‘The study of legal ethics by lawyers and law students is important, and in fact indispensable in every democratic society dedicated to the Rule of Laws. In such a society, the Office of the Lawyer is an essential underpinning or support of the social structure. The lawyer advises citizens and govern- ment on the law and assists court and judges in the administration of justice. Society will be seriously prejudicial if lawyers’ behavior do not conform to a code of conduct consistent with high integrity and honesty. As the author Sharewood comments, “a horde of pettifogging, barratrous, custom — seek- ing money-making lawyers is one of the greatest curse with which any state or community can be becomes ‘The pursuit oflaw should signify for its fol- ere a mental and moral setting apart from the multitude — it should be priesthood of justice. (See ae Tagorda, $3 Phil. 57). The maintenance of jus- paves) ‘unsullied is not possible unless the con- meen gadererigia of the legal pro- Sesion Approval of all just men. (Preamble, Canons of Judicial hic) " 3. a A QUESTIONS AND ANSWERS IN LEGAL ETHICS a What are the four-fold duties of the lawyer, discuss briefly. (1966, 1979, 1985 Bar) ‘The four-fold duties of the lawyer are as follows: 1. CLIENT — The lawyer owes entire devotion to the interests of his client, warm and zeal in the maintenance of the defense of his rights and exertion of utmost learning ability to the end that nothing be taken or withheld from his client except in accordance with law. He owes a duty of competent and zealous repre- sentation to the client, and should preserve his client's secrets, preserve his funds and prop- erty and avoid conflict of interests. 2 COURT — The lawyer must maintain towards the Court a respectful attitude, defend the courts against unjust criticism, uphold the court's authority and dignity, obey court orders and processes, and assist in the administra- tion of justice. 3. BAR — Observe candor, fairness, courtesy and truthfulness in his conduct towards other law- yers, avoid encroachment in the business of other lawyers and uphold the honor of the profession. 4. PUBLIC — He must not undertake any action which violates his responsibility to society as a whole; he must be an exemplar in the com- munity for uprightness; as a member of soci- ety, the lawyer must be ready to render legal aid, foster legal reforms, be a guardian of due process, and aware of his special role in the solution of social problems, be always ready to lend assistance in the study and solution of social problems. (See Cantelang vs. Medina, 91 SCRA 403; Report of the American Bar As- sociation, 44 A.B.A.J. 1159-1218, 1958) 34, Q. Inwhat, above all, will the lawyer find his highest honor? (1969 Bar)A. Alawyer will fin 35. Q. 36. 37. Q BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS d his highest honor in a deserved to private trust and public fidelity 6 reputation for fidelity to Pov triotie and loyal duty as an honest man a citizen. ses the lawyer's duty of candor and What comets tne Court and with othor lawyers? fairness before the (1969 Bar) ‘The duty of candor and fairness towards the Court requires the lawyer to avoid concealment of the truth, from Court and avoid misleading the Court in any manner no matter how demanding his client may be, as no client however powerful and no cause how- ever important is entitled to receive from the law- yer any service involving dishonesty to the Court. A lawyer therefore should not misquote the contents of documents or conceal facts from the Court essen- tial to the presentation of his causes. (See Albert Service, Court of First Instance, G.R. L-26364, May 29, 1968). With respect to the fellow lawyers, cour- tesy should characterize his relation with his breth- ren; ill feolings should serupulously be avoided. In the trial of the caso there should be no allusion to personal history or personal idiosyncracies of coun- sel on the other side. Personal colloquy should be avoided. How would you explain the generally accepted no- tion that practice of law is a profession and not a business? (1972, 1975 Bar) The practice of law is a profession and not a busi- ness as it is an essential part in the administration of justice, a profession in pursuit of which pecuni- ary reward is considered as merely incidental; it a url oflearned artin the interest of public serv- ice. (See Roscoe Pound, Th i to Modern Times, p.5). Zaye From Aatiaety May a lawyer advertise? (1977 Bar) Direct and indirect advertisements are prescribed by the Canons as offensive to tradition and lowers 38, Q. A 39. Q A SIN LEGAL ETHICS 2 QUESTIONS AND ANS\ the tone of the profession. Included in the prohibi- tions are solicitation of professional employment by circulars, advertisements, letters, personal commu- nications, or interviews not warranted by personal relations. Furnishing of photograph, in connection with the lawyer's case is also prohibited. Self praise is prohibited. The canons however permit the uso of simple professional cards, publications in reputable law lists of the lawyer's name, and that of his associate; address, telephone number, cable address, brief bio- data, names of clients regularly represented, with the latter's consent, (See 27, Canons of Professional Ethics). Is it permissible advertising for a lawyer to publi~ cize In the newspaper an announcement on tho opening of a “Legal Clinic” which invites the pub- lic to bring their cases for consultation and advice to said legal clinic? Itis unethical professional advertisement of a law~ yer to advertise the operations of such a “Legal Clinic"as this constitutes solicitation. Alawyer who advertised such a law office was ordered to desist from further making such advertisement. (Bar Mat- ter No. 354, Complaint Against the Legal Clinic, Supreme Court Resolution of Jan. 22, 1987). What Is law practice? (1985 Bar) Generally, the practice of law includes activities such as giving rendition of service that involves legal knowledge or skill including preparation of plead- ings and other papers incidental to actions and spe- cial proceedings as well as the drawing deeds and other conveyance; the preparation of incorporation papers and giving of advice to clients as well aa the proper interpretation of statutes. The practice of law implies the continuity of acts such that these acts constitute a means to earn a livelihood.“ at, 42, A BAR REVIEWER IN LEGALAND JUDICIAL ETHICS ration and drafting With eopect to the pro practice when the a leg doce determination by a trained le- sear dane the legal consequences of theinstrument Gaon the work involves tainly the clerical act of vila the blanks of prepared forms which requires mo legal stud, this is merely serivening and is not practice of law. (See 5 Am. Jur, p. 262) What Is the nature of the legal profession? (1966 Bar) ‘The legal profession is a form of public service or public trust intimately related to the administra- tion of justice, in the practice of which pecuniary rewarda are considered as mercly incidental. It must signify for its followers a mental and moral setting apart from the multitude — it is a priesthood of jus- tice, (See Ledesma vs. Climaco, G.R. No, 12815, June 28, 1974) What Is malpractice? (1972, 1979 Bar) ‘The failure of a lawyor to exercise on behalf of his client the knowledge, skill and ability ordinarily possessed and exercised by members of the bar whereby an actual lous is caused the client. (7 Am Jur 2d Attys,, Sec, 167, ef seq.) (a) What are th Ethics? (1971 (b) Enumerate the principals " can mae ipal sources of legal oth: and Judicial ‘They aro; 1, Revised Rules of Court — Rulew 195, 15 ‘ of Cor of 196, 137, 138, 139, 130. A, 140, Bee, 6, uly 142; Sve, 21d), Rule 130; Bee, 7, Rule 48; Seo, 6, Rule 7, % Controlling decisions of C Rew nn ourt of Appouls and 43, A QUESTIONS AND ANSWERS IN LEGAL ETHICS Poy 3. Legislation (a) Philippine Constitution — Sec. , Art. X; See. 3, Art. X; Sec. 11, Art, VIII; Sees. 6 and 7, Art. X. (b) Civil Code of the Philippines (R.A. 386) 1. Art. 149115) 2, Art. 2208 (©) Revised Penal Code Articles 204, 205, 206, 207 and 209 (a) RA.No, 1612, 1277, 1198, 1166, 1080, 972 and 42 4, Canons of Professional Ethics (a) Code of Professional Responsibility (b) Canons of Professional Ethics for Law- yers (©) Canons of Judicial Ethics (4% Treaties and writing of legal luminaries like (a) Jessup (b) Warvelle (c) Malcolm (4) Cheatham (0) Sharswood (f) Hicks (g) Drinker (h) Archer Give a brief history of the Canons of Professional Ethics. Pennsylvania Justice George Sharswood published in 1854 his ESSAY on LEGAL ETHICS, Earlier, David Hoffman wrote his“FIFTY Resolutions” deal- ing with lawyers? duties, In 1881, Thomas Goode Jones of the Alabama Bur proposed adoption 0 Code of Legal Ethies, The code was drafted in 1883, and adopted In December 1887, Itcontuined 66 Can: ons, Tn 1008, the Amerieun Bur Associntion adopted. the Canons, New Canons wore introduced in 1928, 1933 and 1937, The ABA Canons of Legal Kthles was adopted by the Phil, Bar Association in 1917, and this adoption was restated jn 1946, Tr thes means45. 46, ETHICS BAR REVIEWER IN LEGALAND JUDICIAL ; Bar Association adopted a new time, the Aeaional Responsibility on August 12, Gone coe underwent several amendments tnti 1976. rtions of the 1987 State in your own words the Por Conetituvlon and of the New Rules of Court that refer to the practice of law, and the observance of egal ethics. (1973 Bar) See. 6, Subsec. (6) of Art, VII of the New Constitu. ie tan provides that the Supreme Court shall promulgate rules concerning the enforcement of Constitutional rights, pleading and practice in all courts, the admission to the practice of law, the In- tegrated Bar, and legal assistance to the under- privileged. Rule 138 of the Rules of Court, provides that the Supreme Court shall conduct a yearly bar ex- amination under the direction of a committee of bar examiners presided by one of the Justices, the quali- fications for admissions to the bar, defines the du- ties of attorneys, the grounds of suspension and dis- barment the compensation of lawyers, What Is the extont and scope of the power of the Supreme Court over admission to the practice of law? Explain, (1972 Bar) ‘The right to admit members to the Bar is, and has always been, the exclusive priviloge of tho Supreme Court, because lawyers are members of the court and only the Supreme Court should be allowed to determine admission thereto in the interest of the principle of the soparation of powers. The power is, Judicial in the sense that discretion is used in its exerciso (In re: Cunanan, ot al,, 60 0.G. 1602). May Congross validly logistate to admit a particu- lar person to the practice of faw in the Philippines? Reasons, A. 47. Q A 48. a. A QUESTIONS AND ANSWERS IN LEGAL ETHICS, 7 The primary power and responsibility to admit mem- bers of the Bar resides in the Supreme Court. (In re; Cunanan, et al., 50 O.G, 1602). It is noteworthy that unlike the 1935 and the 1973 Constitutions, the 1987 Constitution no longer provides for the Powor of the legislature to repeal, alter and supplement the rules promulgated by the Supreme Court (See Sec. 5, subsec. 5, Art. VIII, 1987 Consti- tution), A successful bar candidate who had a pending case with the Supreme Court was allowed to sign the Roll of Attornoys by a clerk but was unable to take his oath before the Supreme Court. He paid his IBP dues and was duly listed as qualified voter, by the IBP. May he practice law without having ac- tually taken his oath of office? No. To be admitted to the bar, he must take his oath before the Supreme Court. (See. 17, Rule 138; In re: Elmo 8. Abad, B.M. 139, March 18, 1983) What is your concept of the term “Practice of Practice of Law is the doing or performing of serv- ices in a court of justice in a proceeding therein, in- cluding legal advice and counsel, and the prepara tion of legal instruments and contract by which rights are secured, although such matter may or may not he pending in a court, (Smaliberg vs. State Bar of California, 297, p. 916). To “practice law” is to carry on the business of an attorney-at-law (People vs, People’s Trust Co., 167 N.Y, 767). Preparing documents and rendering other services involving the use of legal knowledge and skill, charging for such services are within the term “practice of law.” (People vs. People’s Stockyards State Bank, 176 N.E. 901)51. LpoALAND JUDICIAL ETHICS BAR REVIEWER IN What name should 2 lawyer use I” his pleadings ractice? | ete se in his law practice the ‘The lanyer should ony 3 eomeys. Thus, name which apreat 007 name inthe Rall ofA ie ‘is ‘Dionisio Ramos may not use the name Pedro D. de Ramos on i En a inal it jionisio - 5 ae ep awyer wh i regiatered in the Roll of Attorneys as Dionisio Ramos may not em. ploy the name Pedro D. de Ramos even if his name + dig birth certificate is Pedro Dionisio Ramos and his mother's surname is Dayao. A lawyer is only ‘euthorized to use the name registered in the Roll of ‘Attorneys, The uso of other names would be decep- tion. Explain the nature of the right to practice law. What Is the nature of the right to practice law? ‘The right to practice law is not a natural or consti- tutional right (In re: Gibbs, 278, p. 371), nor an ab- solute right (In re: Lanuevo, Adm. Case No. 1162, 66 SCRA 246) or a right de ure (In re: Ellis, 203, p. 957), but is a privilege or franchise (In re: Miller, 244, p. 376). The right to practice law is not “property” (In re: Edwards, 266, p. 665), It cannot be assigned orinherited, but must be earned by hard atudy and good conduct, (In re: Clifton, 155, See. 324), Who may practice law in the Philippines? Who are entitled to practice law in the Philippines? Any person who has been duly admitted as a mem- ber of the Bar, or may hereafter be admitted in ac- cordance with the Rules of Court, and who is in good and regular standing, is entitled to practice law. (See. 1, Rule 138, Rules of Court), Pectewieg QUESTIONS AND ANSWERS IN LEGAL ETHICS 9 NOTE: A. Citizens of the United States may be allowed to practice law before the courts of the Philip- pines upon satisfactory proof: (1) That they were duly licensed members of the Philippine Bar before July 4, 1946; (2) That they were in the active practice of law in the courts of the Philippines and in good and regular standing, priortoJuly 4, 1946; and (8) That they have taken the requisite oath of office. (Sec. 3, Rule 138, Rules of Court). B. Filipino citizens, who are enrolled attorneys in good standing in the Supreme Court of the United States or in any circuit court of appeals or district court therein, or in the highest court of any State or Territory of the United States, may also be allowed to practice law in the Phil- ippines upon satisfactory proof: (1) By satisfactory certificates that they have been in the practice of law for at least 5 years in any of said courts; (2) That such practice began before July 4, * 1946; and (8) That they have neither been suspended nor disbarred. (Sec. 4, Rule 138, Rules of Court). AFilipino citizen who is a momber of the New York State Bar, District of Columbia and State of Vir- ginia Bars, who has obtained his law degree from the United States seeks admission to the Philip- pine bar invoking the discretion of the Court, clt- Ing Sec, 4, Rule 138; also on the ground of comity and the ruling in In re: Shood, 41 Phil. 213. Will the petition prosper? No. The discretion of the Court to admit members of the bar may be exercised only when the applicant53... a ppGgAbAND JUDICIAL ETHICS BAR REVIEWERINLEG tne requirements of Sec. 4 hal irocty cannot be invoke na reciprocity and our laws reciprocity. In 0: Shood, ite as decided under hans complied wil Rule 138. Comity Decne fran Bn donot provide or auch rec i oh Fs re 1964 Rules of Court. (See Bar Matter N 419, Feb. 11, 1987, Petition for Admission to the No sre amon Quisumbing sce also Tn re: Jogg Niguel Diskno, 1988; Ricardo Jose Romulo, 195g and Alejandro Lichauco, 1955) itor General requested the City Fiscal of Naa oper ina civil registry case. In the lot. tor-roquost, the City Fiscal was Instructed that the petition Is granted, th City Fiscal should not fai to appeal within the reglementary porlod. Did the dologation constitute the City Fiscal as counsel for the Republic, for purposes of computing the ap. peal period? A. Tho Solicitor Genoral remains counsel of the Repub- Jie with tho City Fiscal being only the representa: tive, go that the period for appeal must be counted frown tho time the Solicitor General receives a copy of the decree, (See Republic vs. Dela Cruz, 118 SCRA 18; also Tanpa Ong ws, Republic, 17 SCRA 535), ‘The Solicitor-General appeared as counsal for the National irrigation Administration which was sued by heirs of the deceased when a truck of NIA cok lided with a tractor of plaintiffs. At the pre-trial, NIA was represented by a member of its legal staff, upon request of the Solicitor-General, A compro- mise agreement was submitted to the Court signed by the NIA attorney, but not by the Solicitor-Gen- eral. The special power of attorney in favor of the NIA attorney was executed four months after the approval of the compromise agreement. Is the com promise agreement vatid? Na! The compromise ‘agreement is void and ineffee- |. The NIA attorney was not empowered by the 55. Q. 57.0. QUESTIONS AND ANSWERS IN LEGAL ETHICS a NIA board of directors to execute the compromise agreement. (See Republic vs. Plan, 116 SCRA 70). Atty. Q appeared as counsel for one of the defend- ants in an action before the Manila Court to en- , the client of Atty. Q being one 1@ cargo ownors. Atty. Q withdrew counsel for the cllont and prayed that his charg- Ing lien be recorded on his client's cargo as the vonue, Ho also filed with another court in Rizal an action or recovery of professional fees against his client and secured an attachment over the cargo claimed to be owned by his cllont. Bofore the charg- Ing ton was sought to be recorded, the Manila Court had already ordored the sale of the cargo. 's the charging llen proper? Tho charging lion cannot be enforced. This lien can bo applied only to funds or documents of the client. which had lawfully come to the possession of coun- acl, Here the lien was sought to bo recorded only after the Manila Court had already ordered the sale of the cargo, Likewise, instead of filing a separate action with the Rizal Court the lawyer should have intervened only in the Manila Court for recovery of professional fees, as the Manila Court had jurisdic- tion to pass upon the question of ownership of the argues. (See Quasha va, Juan, 118 SCRA 505). May a non-lawyer practice law? Ri on, No. Appearing as counsel without being a member of the bar constitutes illegal practice of law because only members of the bar are allowed to practice law. (Zeta vs. Malinao, Adm, Case No, P-220, December 20, 1978), Defendant's answer to a complaint was signed by anon-lawyer; atthe pre-trial, neither defendant nor counsel appeared and defendant was declared in default. Later, a motion for reconsideration was32 58. Q. 59... BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS 9. Judgment Was rendorey co fled, signed by 2120 there a denial of due prox against defendant; was ess? by use defondant was represented by a lay, si eonauent tages ofthe case. His rights werg amply protected, (See Guballa vs. Caguioa, 78 SCRA 203). In a criminal case for estafa, accused was repro, sented by a non-lawyer who misled accused into believing that he was a lawyer. Accused was con, victed by the Regional Trial Court and the convic. tion was affirmed by the Court of Appeals. May the conviction be set aside on the ground that accused was not represented by counsel? ‘Yes, accused is entitled to a new trial as he was de. nied the due process. (Delgado vs. Court of Appeals, GR. No, 46392, Nov. 10, 1986) Give instances where non-lawyers are allowed lim- ited practice of law. Supreme Court has provided for exceptions allow- ing persons who are not members of the Integrated Bar, to appear in court, such as: 1. Any official or other person appointed or des- ignated in accordance with law to appear for the government of the Philippines. This offi cial hasall the rights of a duly authorized mem- ber of the Bar to appear in any case in which said government has interest direct or indirect. (Sec. 33, Rule 138, Rules of Court). 2. Inthe court of a municipal judge a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that Purpose, or with the aid of an attorney. In any other court a party may conduct his litigation Personally or by aid of an attorney, and his aP- 61. QUESTIONS AND ANSWERS IN LEGAL ETHICS 33 pearance must be either personal or by a duly authorized member of the bar. (Sec. 34, Rule 138, Rules of Court) 3, Any person, resident of the province and of good repute for probity and ability, may be appointed attorney de oficio to aid the defendant in his defense in localities where duly authorized members of the bar are not available when- ever the gravity of the offense and the diffi- culty of the questions involved warrant. (See. 4, Rule 116, Ibid.) 4, Any agent, not an attorney, may represent the lot owner or claimant in a case falling under the Cadastral Act. (Sec. 9, Act 2259) 5. Law students under Rule 138-A. A and B who are law students entered their ap- pearances before the Municipal Court as private prosecutors in a criminal case. This was disallowed by the trial Judge. Is this correct? No. Anon-lawyor may appear as a friend of the party before the Municipal Courts under See. 34, Rule 138 Rules of Court; he may make such appearances ei- ther as defense counsel or private prosecutor under the control and supervision of the fiscal. The per- mission of the fiseal is not necessary for the appear- ance of a private prosecutor, although if he so wishes, the fiscal may disallow participation in the trial by handling the case personally. (Catimbuhan, et al. vs. Hon. Cruz, G.R. Nos. 51813-14, Nov. 29, 1983) What is the Law Student Practice Rule? Rule 138-A allows a law student who has completed the third year of the law course to appear without compensation in any civil, criminal or administra- tion before any trial court, tribunal, board of offie- ers under the following conditions:4 63. BAR REVIEWER IN ized law school’s cling ig enrulledin a recognized cling. Heer apn aed yf Supreme Court, ars under the direct supervision ang 2) He orptfa member ofthe Integrated Bar duly accredited by the law. 3) ‘The pleadings, briefs, memoranda are signeg by the supervising attorney. Is the law student subject to the standards of pro. fessional conduct governing lawyers? ‘Yes, as provided by Sec. 4 of Rule 18-A. What is the liability of the supervising attorney for failure to provide adequate supervision to the stu. dent? ‘The supervising attorney may be subjected to disci. plinary proceedings. (Sec. 4, /bid.) Enumerate certain members of the bar who are pro- hibited to practice. ‘The members of the bar who are prohibited to prac- tice are the following: 1. Judges, or 2. Officials or employees of the superior courts, or, 3. Officials or employees of the Office of the So- ieee General (Sec. 35, Rule 138, Rules of 4. The heads of departments and chiefs of bu- reaus or offices and their assistants, during their continuance in office, and 5. The chairmen and members of the Constitu- Heacog tnmisions (See. 2, Art. IX, New Cone 68. 67. QUESTIONS AND ANSWERS IN LEGAL ETHICS 35 6. The President, Vice-President, the Members of the Cabinet, their deputies or assistant (Sec. 13, Art. VII, New Constitution), 7. No senator or member of the House of Repre- sentatives may personally appear as counsel before any court of justice or before the elec- toral tribunals or quasi-judicial and other ad- ministrative bodies. (Sec, 14, Art. VI, 1987 Constitution) Note: The exact meaning of the phrase “may personally appear” will still re- quire judicial construction. It is not clear whether this means that the legislator should not physically be present but lawyers of his law office may appear in court, 8. Suspended attorneys for the duration of their suspension (In re: David, Adm. Case No. L-98, July 13, 1953). Is the payment of privilege tax a prerequisite to practice law? ‘ ‘Yes, a lawyer must pay the requisite annual privi- loge tax on lawyers, which is fixed by law in the sum of P75.00 annually, payable in cash, or in two installments. (See. 201[a], C.A. No. 466 as amended by RA. No. 42). Dofine Attorney de Oficio or Counsel de Oficio. (1974, 1985 Bar) An Attorney de Oficio is a practicing attorney ap- pointed by a court or justice to render professional aid free of charge to a party who is destitute and ‘unable to employ an attorney, or who may need the services of an attorney to secure the ends of justice and to protect his rights. (Sec. 31, Rule 138, Rules of Court; Sec. 3, Rule 116, Jbid.; People vs. Holgado, 470.G. 4621). Who may be appointed as Attorney de Oficio? (1974, 1985 Bar)