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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

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.

Refers to the whole body of attorneys and denotes the whole body of judges
counselors, collectively the members of
the legal profession

Practice of Law – any activity, in or out of court which requires the application of law,
legal procedure, knowledge, training and experience. To engage in the practice
of law is to give notice or render any kind of service, which or devise or service
requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod,
201 SCRA 210).

Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of
persons who are licensed officers of the courts, empowered to appear prosecute
and defend and upon whom peculiar duties, responsibilities, and liabilities are
developed by law as a consequence (Cui v. Cui, 120 Phil. 729).

Attorney in fact – an agent whose authority is strictly limited by the instrument
appointing him, though he may do things not mentioned in his appointment
necessary to the performance of the duties specifically required of him by the
power of attorney appointing him, such authority being necessarily implied. He is
not necessarily a lawyer.

Counsel de Oficio – a counsel, appointed or assigned by the court, from among
members of the Bar in good standing who, by reason of their experience and
ability, may adequately defend the accused.

Note: In localities where members of the Bar are not available, the court may
appoint any person, resident of the province and good repute for probity and
ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.

Attorney ad hoc – a person named and appointed by the court to defend an absentee
defendant in the suit in which the appointment is made (Bienvenu v. Factor’s of
Traders Insurance Cp., 33 La.Ann.209)

Attorney of Record - one who has filed a notice of appearance and who hence is
formally mentioned in court records as the official attorney of the party. Person
whom the client has named as his agent upon whom service of papers may be
(Reynolds v. Reynolds, Cal.2d580).

Of Counsel – to distinguish them from attorneys of record, associate attorneys are
referred to as “of counsel” (5 Am. Jur. 261).

Lead Counsel – The counsel on their side of a litigated action who is charged with the
principal management and direction of a party’s case.

House Counsel – Lawyer who acts as attorney for business though carried as an
employee of that business and not as an independent lawyer.

Bar Association – an association of members of the legal profession.

Advocate – The general and popular name for a lawyer who pleads on behalf of
someone else.

Barrister (England) – a person entitled to practice law as an advocate or counsel in
superior court.

Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts
whose duties and business correspond to those of an attorney at law or solicitor
in Chancery.

Titulo de Abogado - it means not mere possession of the academic degree of
Bachelor of Laws but membership in the Bar after due admission thereto,
qualifying one for the practice of law.


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

Sec. 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice and procedure in all courts,
the admission to the practice of law, the
Integrated Bar, and legal assistance to the
under privileged.

The Supreme Court acts through a Bar Examination Committee in the Exercise of his
judicial function to admit candidates to the legal profession.

The Bar Examination Committee:
• Composed of (1) member of the Supreme Court who acts as Chairman
and eight (8) members of the bar.
• The 8 members act as examiners for the 8 bar subjects with one subject
assigned to each.
• The Bar Confidant acts as a sort of liason officer between the court and
the Bar Chairman on the other hand, and the individual members of the
committee on the other. He is at the same time a deputy clerk of court.
• Admission of examinees is always subject to the final approval of the

Practice of Law
The practice of law is a privilege granted only to those who possess the STRICT
instruments in the effective and efficient administration of justice. (In Re: Argosino,


Requirements for admission to the Bar:
1. citizen of the Philippines
2. at least 21 years old
3. of good moral character
4. Philippine resident
5. Production before the supreme court satisfactory evidence of:
a. good moral character
b. no charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines.

Requirement of Good Moral Character: a continuing requirement; good moral
character is not only a condition precedent for admission to the legal profession, but it
must also remain intact in order to maintain one's good standing in that exclusive and
honored fraternity. (Tapucar vs. Tapucar, 1998)

Academic Requirements for Candidates:
1. a bachelor’s degree in arts and sciences (pre-law course)
2. a completed course in:
a. civil law
b. commercial law
c. remedial law
d. public international law
e. private international law
f. political law
g. labor and social legislation
h. medial jurisprudence
i. taxation
j. legal ethics

Non-lawyers who may be authorized to appear in court:
1. Cases before the MTC: Party to the litigation, in person OR through an
agent or friend or appointed by him for that purpose (Sec. 34, Rule 138,
2. Before any other court: Party to the litigation, in person (Ibid.)
3. Criminal case before the MTC in a locality where a duly licensed member of
the Bar is not available: the judge may appoint a non-lawyer who is:
a. resident of the province
b. of good repute for probity and ability to aid the accused in his defense
(Rule 116, Sec. 7, RRC).
4. Legal Aid Program - A senior law student, who is enrolled in a recognized law
school’s clinical education program approved by the supreme Court may
appear before any court without compensation, to represent indigent clients,
accepted by the Legal Clinic of the law school. The student shall be under
the direct supervision and control of an IBP member duly accredited by the
law school.
5. Under the Labor code, non-lawyers may appear before the NLRC or any
Labor Arbiter, if
a. they represent themselves, or if
b. they represent their organization or members thereof (Art 222, PO
442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the
Cadastral Court (Act no. 2259, Sec. 9).

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

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

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

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

or assumed name shall be used. co-lawyers. honest.N. deceptive. undignified. • Death of a partner does not extinguish attorney-client relationship with the law firm. • Rule: A lawyer cannot compromise the case without client’s consent (special authority). fraudulent. • Negligence of a member in the law firm is negligence of the firm. unless circumstances so warrant. 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.02 – In the choice of a firm name. misleading. Rule 3. 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. too poor CANON 3 – A lawyer in making known is legal services shall use only true. publicity to attract legal business. • Violation of Rule 3. no false. self-auditory or unfair statement or claim regarding his qualifications or legal services. Rule 3. just because his attorney’s fees were not provided for in the agreement. Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.C. 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.01 – A lawyer shall not use or permit the use of any false.01 is unethical. or in return for. Petitions with the Supreme Court for the amendment of the Rules of Court. • It is unethical to use the name of a foreign firm. 8 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. Rule 3. misleading. Valid Justification: relatives. CANON 5 – A lawyer shall keep abreast of legal developments. • A lawyer cannot delay the approval of a compromise agreement entered into between parties. 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.g. fair dignified and objective information or statement of facts. • Examples: Presenting position papers or resolutions for the introduction of pertinent bills in congress. Submission for decision on the evidence so far presented.04 – A lawyer shall not charge rates lower than those customarily or prescribed. Rule 3.04 – A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of. 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. participate in continuing legal education programs. the lawyer may compromise. . Rule 2.03 – Where a partner accepts public office. 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. whether done by him personally or through another with his permission.

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

Accepting engagements vs. agent.N. • Includes restriction is representing conflicting interest (e. but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with. nor should he.01 – A lawyer shall be answerable for knowingly making false statements or suppressing a material fact. whether in public or private life. PNB) • The OSG is not authorized to represent a public official at any state of a criminal case. CHAPTER II THE LAWYER AND THE LEGAL PROFESSION CANON 7 – A lawyer shall at all times uphold the integrity and dignity of the legal profession.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. behave in a scandalous manner to the discredit of the legal profession. 10 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. Rule 7. consultant. Rule 7. broker. in which case the one year prohibition shall likewise apply. supervised or licensed by their office unless expressly allowed by law. Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts: 1. • A lawyer must at all times conduct himself properly as not to put into question his fitness to practice law. • Should recommend the acquittal of the accused whose conviction is on appeal. These prohibitions shall continue to apply for a period of one (1) year after resignation. or other relevant attribute. provided that such practice will not conflict or tend to conflict with their official functions. retirement. or separation from public office. • 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). not mere absence of bad character. in connection with his application for admission to the bar. . • Avoid scandalous conduct. counsel. manage or accept employment as officer. • Upright character. and support the activities of the integrated bar.g. employee. own. 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. control. • Lawyers in the government service are prohibited to engage in the private practice of their profession unless authorized by the constitution or law. former employer.C. trustee or nominee in any private enterprise regulated.03 – A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law. except in the case of subparagraph (b) (2) above. IF he finds no legal basis to sustain the conviction. education. Rule 7.

Where there is a pre-existing agreement. . • A lawyer must not take as partner or associate one who: 1. with a partner or associate that . 11 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. money shall be paid over a reasonable period of time to his estate or to the persons specified in the agreement.02 – A lawyer shall not. Rule 9. • Lawyer shall not negotiate with the opposite party who is represented by a counsel. encroach upon the professional employment of another lawyer. abusive and abrasive language. upon the latter’s death. • 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. or c. Where a lawyer or law firm includes non-lawyer employees in a retirement plan. offensive personalities. CANON 9 – A lawyer shall not directly or indirectly assist in the unauthorized practice of law. even if the plan is based in whole or in part of a profit sharing arrangements. offensive or otherwise improper. even if there’s a fair agreement. or b. it is the right of any lawyer without fear or favor. • A lawyer cannot delegate his authority without client’s consent even to a qualified person. has been suspended from the practice of law 4. unfounded accusations or intemperate words tending to obstruct. • Lawyer should deal only with counsel. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer.02 – A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. fairness and candor towards his professional colleagues. • Want of intention: not an excuse for the disrespectful language used. however. is disbarred 3. Limitation: avoid influencing witness in recital and conduct.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. CANON 8 – A lawyer shall conduct himself with courtesy. except: a. Rule 8.C.N. and shall avoid harassing tactics against opposing counsel. embarrass or influence the court in administering justice. 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. to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. Rule 9. use language which is abusive. directly or indirectly.01 – A lawyer shall not. • Lawyer may however interview any witness or prospective witness for the opposing side. foreign lawyer. Rule 8. • Not to use in pleadings and in practice the following: disrespectful. in his professional dealings. It merely extenuates liability. is not a lawyer 2. unless licensed by the SC.

not both) is enough to warrant a citing for contempt. stating in the Deed of Sale that property is free from all liens and encumbrances when not so b. truth and candor c. or assert as a fact that which has not been approved.01 – A lawyer shall appear in court properly attired. alleging in one pleading that the clients were mere lessees and in another pleading that the same clients were owners e. respect and loyalty b. • As an officer of the court and in order to maintain the dignity and respectability of the legal profession.01 – A lawyer shall not do any falsehood. unsolicited appearances i. a lawyer who appears in court must be properly attired. fairness. CHAPTER III THE LAWYER AND THE COURTS CANON 10 – A Lawyer owes candor. Rule 10. or knowingly cite as law a provision already rendered inoperative by repeal or amendment.N. Rule 10. Any deviation from the commonly accepted norm of dressing in court (barong or tie.03 – A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. use of fictitious residence certificate j. . the language or the argument of opposing counsel. • A lawyer may NOT wear outlandish or colorful clothing to court. presenting falsified documents in court which he knows to be false f. fairness and good faith to the court. verbatim reproductions down to the last word and punctuation mark n. Rule 11.02 – A lawyer shall not knowingly misquote or misrepresent the contents of the paper. falsifying a power of attorney and using it in collecting the money due to the principal d.C. • Judge-lawyer relationship: based on independence and self-respect. Rule 10. filing false charges on groundless suits g. slight typo mistake: not sufficient to place him in contempt CANON 11 – A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. or the text of a decision of authority. citing a repealed or amended provision l. nor consent to the doing of any in court. asserting a fact not proved m. Consequently. 12 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. • Lawyer’s duty to the court: a. encashing check payable to a deceased cousin by signing the latter’s name on the check c. misquotation/misrepresentation k. no attempt to influence courts • Cases of falsehood: a. using in pleadings the IBP number of another lawyer h. nor shall he mislead or allow the court to be mislead by any artifice. the court can hold a lawyer IN CONTEMPT of court if he does not appear in proper attire.

There is a wide difference between fair criticism and abuse and slander of courts and judges.01 – A lawyer shall not appear for trial unless he has adequately prepared himself with the law and the facts of his case. He cannot escape responsibility by claiming that his words did not mean what any reader must have understood them to mean.N. Rule 11. or menacing language or behavior before the courts. • The public duties of the attorney take precedence over his private duties. • A mere disclaimer of any intentional disrespect by appellant is not a ground for exoneration. or Congress (for impeachment of SC judges only). • Forum shopping exists when as a result of an adverse opinion in one forum: a. CANON 12 – A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. He occupies a quasi-judicial office with a tripartite obligation to the courts. Rule 12. witnesses) shall deal with the courts and judicial officers with respect. Rule 11. Rule 11.05 – A lawyer shall submit grievances against a judge to the proper authorities already. He should also be ready with the original documents for comparison with the copies. His first duty is to the courts.02 – A lawyer shall punctually appear at court hearings. • Must exert efforts that others (including clients. • Lawyers must be courageous enough to expose arbitrariness and injustice of courts and judges.04 – A lawyer shall not attribute to a judge motives not supported by the record or having no materiality to the case.C. Intemperate and unfair criticism is a gross violation of the duty to respect the courts. • Criticisms of courts must not spill the walls of decency. the evidence he will adduce and the order of its preference. • Newly hired counsel: must acquaint himself with all the antecedent proceedings and processes that have transpired in the record prior to his takeover. • Obedience to court orders and processes. offensive. • Lawyers must be respectful not only in actions but also in the use of language whether in oral arguments or in pleadings. Where duties to the courts conflict with his duties to his clients. 13 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. a party seeks favorable opinion (other than by appeal or certiorari) in another. Rule 12. the latter must yield to the former. to the public and to his clients. • A lawyer is an officer of the court. His intent must be determined by a fair interpretation of the languages employed by him. Rule 11. • If presenting documentary exhibits. • Lawyer can demand that the misbehavior of a judge be put on record. It amounts to misconduct which subjects the lawyer to disciplinary action.02 – A lawyer shall not file multiple actions arising from the same cause. • Forum shopping – omission to disclose pendency of appeal or prior dismissal of his case by a court of concurrent jurisdiction. Ombudsman.03 – A lawyer shall abstain from scandalous. or . he must be ready with the originals for the purpose of comparison with copies thereof. • A lawyer may submit grievances against judges in the Supreme Court.

Rule 12. (Rule 132. 14 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. while the witness is still under examination. cultivating familiarity with judges. 4. when he institutes two or more actions or proceedings grounded on the same cause.01 – A lawyer shall not extend extraordinary attention or hospitality to. it is the right of a witness: 1. Flores. not to give any answer which will tend to subject him to a penalty for an offense unless otherwise provided by law. 2. during his testimony. • Forum shopping constitutes DIRECT CONTEMPT of court and may subject the offending lawyer to disciplinary action. such as the mailing. Rule 12. unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. b. on formal matters.a witness must answer questions. Rule 12.08 – A lawyer shall avoid testifying in behalf of his client. memoranda or briefs. after obtaining extensions of time to file pleadings.05 – A lawyer shall refrain from talking to his witness during a break or recess in the trial. Rule 12. However. nor seek opportunity for. March 12.07 – A lawyer shall not abuse. vs. impede the execution of a judgment or misuse court processes. to be protected from irrelevant. Rights and obligations of a witness . 3.04 – A lawyer shall not unduly delay a case. on substantial matters. not to be detained longer than the interest of justice requires. in cases where his testimony is essential to the ends of justice.03 – A lawyer shall not. Sec.N. or 5. authentication or custody of an instrument and the like: b. browbeat or harass a witness nor needlessly inconvenience him. • 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. Rule 12. . although his answer may tend to establish a claim against him.C. entrust the trial of the case to another counsel.06 – A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. • Asking for extension of time must be in good faith. 287 SCRA 449. or insulting questions and from harsh or insulting demeanor. But a witness must answer to the fact of his previous final conviction for an offense. 3. nor to give answer which will tend to degrade his reputation. improper. RRC) Rule 12. not to be examined except only as to matters pertinent to the issue. CANON 13 – A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence. in which event he must. Rule 13. or gives the appearance of influencing the court. on the gamble that one or the other would make a favorable disposition (Benguet Electric Corp. 1998). except: a. let the period lapse without submitting the same or offering an explanation for his failure to do so. asking the same relief.

C. no control over the suit • Cannot refuse on the ground of insufficient of compensation or lack of it . Rule 13. undivided loyalty e. there must be an allegation and proof that the judges have been unduly influenced. CHAPTER IV THE LAWYER AND THE CLIENT CANON 14 – A Lawyer shall not refuse his services to the needy. Rule 14. Rule 14. 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. by application to the judge b. candor.02 – A lawyer shall not decline. He labors under conflict of interest between him and the prospective client or between a present client and the prospective client. maintain inviolate the confidence of the client c. except for serious and sufficient cause. the judge on his own initiative may invite the lawyer c. not reject cause of defenseless and oppressed f. by the “barrage” of publicity. 15 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. He is not in position to carry out the work effectively and competently. • Discussing cases with the judge privately should be avoided. creed or status of life. • Lawyer is equally guilty as the client if he induces the latter to cause the publicity. Rule 14. owe utmost learning and ability b. • Duties to Client: a. respond with zeal to the cause of the client • Appointment of Amicus Curae a. Rule 14.03 – A lawyer may refuse to accept representation of a client if: a. • 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. sex. no right to interfere with or control the condition of the record. not simply that they might be.01 – A lawyer shall not decline to represent a person solely on account of the latter’s race.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.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. or because of his own opinion regarding the guilt of said person. Rule 13. b. fairness and loyalty g. • 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. hold in trust money or property h. disclose all circumstances/interest regarding the controversy d.N.03 – A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. • To warrant a finding of “prejudicial publicity”.

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. . shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest. Communication made by client to lawyer in the course of lawyer’s professional employment c. Rule on Revealing Client's Identity • General Rule: A lawyer may not invoke privilege communication to refuse revealing a client’s identity. 2. Sandiganbayan. • Requisites of Privileged Communication: a. shall forthwith inform the prospective client. after pleading has been filed b. 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. (Regala vs. the government has no case. fairness and loyalty in all his dealings and transactions with his client. Sec. 286 SCRA 758). 262 SCRA 122. representation of conflicting interest may be allowed where the parties consent to the representation after full disclosure of facts. Rule on Conflicting Interest It is generally the rule based on sound public policy that an attorney cannot represent adverse interest. Rule 15.C. 21(b). Rule 15. However. Atty.03 – A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. It is highly improper to represent both sides of an issue. the said communication unless the client consents thereto. 16 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. The disclosure of such identity will provide for the only link in order to convict the accused. otherwise. It would open client to civil liability 3. 1996) Exceptions: 1.02 – A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. September 20. the rule of ethics prohibits him from voluntarily revealing or using to his benefit or to that of a third person. and if so.N. it would implicate the client to that same controversy for which the lawyer's services were required. (Nakpil vs. • This is applicable to students under the Student Practice Law Program Rule 15. to the disadvantage of the client.-client relationship (or a kind of consultancy relationship with a prospective client b. Valdez. When by divulging such identity.01 – A lawyer in conferring with a prospective client. It applies although the attorney's intention and motives were honest and he acted in good faith. Communication is intended to be confidential (see Rule 130. Rules of Court) • When communication is not privileged: a. CANON 15 – A lawyer shall observe candor.

a lawyer should keep any business. Rule 138. tribunal or legislative body. Rule 16. in which is engaged in concurrently with the practice of law. act as mediator.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. shall give a candid and honest opinion on the merits and probable results of the client’s case. entirely separate and apart from the latter. • To avoid breach of legal ethics. • 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 attorney shall have a lien upon the funds. Rule 15.A lawyer shall not state nor imply that he is able to influence any public official.01 – A lawyer shall account for all money or property collected or received for or from the client. • Lawyers should refrain from giving any advice unless they have obtained sufficient understanding of their client’s cause.C. However. neither overstating nor understating the prospects of the case. RRC) .N. • General Rule: An attorney cannot represent adverse interest. from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgement. Rule 15. Rule 16. with the written consent of all concerned. Attorneys’ Liens . and shall have caused written notice thereof to be delivered to his client and to the adverse party. or issuing such execution. 37. Rule 16. and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his fees and disbursements. (Sec. 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. Ocampo) Rule 15. and may apply such finds to the satisfaction thereof. 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.05 – A lawyer.06 . 17 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. and executions issued in pursuance of such judgements which he has secured in a litigation of his client. giving notice promptly thereafter to his client.04 – A lawyer may. • Exception: Where the parties consent to the representation after full disclosure of facts.07 – A lawyer shall impress upon his client compliance with the laws and the principles of fairness.03 – A lawyer shall deliver the funds and property of his client when due or upon demand. conciliator or arbitrator in settling disputes.02 – A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. when advising his client. Rule 15. 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. He shall also have a lien to the same extent upon all judgements for the payment of money. documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid. CANON 16 – A lawyer shall hold in trust all moneys and properties of his client that may come into his possession. Rule 15.

• No fear of judicial disfavor or public popularity should restrain him from full discharge of his duty. 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. he can obtain as collaborating counsel a lawyer who is competent on the matter. 18 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. or connection with. Rule 18.N. Neither shall a lawyer lend money to a client except. • If a lawyer errs like any other human being. .03 – A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable.02 – A lawyer shall not handle any legal matter without adequate preparation. the client-lawyer relationship is terminated. Rule 18.04 – A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice. Rule 18. • A lawyer must keep himself constantly abreast with the trend of authoritative pronouncements and developments in all branches of law. • Lawyer is not an insurer of the result in a case where he is engaged in the counsel. he is not answerable for every error or mistake. he has to advance necessary expenses in the legal matter he is handling for the client. Rule 18. • 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.01 – A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render.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. • Attorney’s lien is not an excuse for non-rendition of accounting • Cannot disburse client’s money to client’s creditors without authority. with the consent of his client. he may render such service if. when in the interest of justice. 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. and will be protected as long as he acts honestly and in good faith to the best of his skill and knowledge. • Notify client if retaining lien shall be implemented • When a lawyer enforces a charging lien against his client. the controversy which might influence the client in the selection of counsel. CANON 18 – A lawyer shall serve his client with competence and diligence. However. Rule 16. • The principle behind Rule 16. • 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. • The lawyer owes loyalty to his client even after the relation of attorney and client has terminated.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. • There must be extraordinary diligence in prosecution or defense of his client’s cause.C. • 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.

c. a fixed fee payable per appearance d. d. The skill demanded. f. The novelty and difficulty of the questions involved. The contingency or certainty of compensation. 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. 19 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. and j. in the course of the representation. Rule 19. The importance of the subject matter. • 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. a fixed fee based on a piece of work . g.02 – A lawyer who has received information that his client has. perpetuated a fraud upon a person or tribunal. participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. CANON 19 – A lawyer shall represent his client with zeal within the bounds of the law. and failing which he ha to terminate the relationship with such client in accordance with the Rules of Court. • Lawyer should do his best efforts to restrain and to prevent his clients from perpetrating acts which he himself ought not to do. The amount involved in the controversy and the benefits resulting to the client from the services. The time spent and the extent of the services rendered or required. The professional standing of the lawyer. whether occasional or established.01 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present. Rule 20. • 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. But lawyer shall not volunteer the information about the client’s commission of fraud to anyone – counter to duty to maintain client’s confidence and secrets. Rule 19. The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs.03 – A lawyer shall not allow his client to dictate the procedure in handling the case. i. shall promptly call upon the client to rectify the same. Or else. b. • Kinds of Payment which may be stipulated upon: a. CANON 20 – A lawyer shall charge only fair and reasonable fees. Rule 19. nor present a false witness.C. The character of the employment. withdraw. a fixed or absolute fee which is payable regardless of the result of the case b.01 – A lawyer shall be guided by the following factors in determining his fees: a. a fixed fee computed by the number of hours spent e. e. The probability of losing other employment as a result of acceptance of the proffered case. h.N.

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

When authorized by the client after acquainting him of the consequences of the disclosure: b. Judicial action to recover attorney’s fees: a. if the legal services rendered do not call for much efforts there is no justification for the award of high fees. 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. • A lawyer should try to settle amicably any differences on the subject. Sec. RRC) • The mere establishment of a client-lawyer relationship does not raise a presumption of confidentiality. • Champertous Contracts (void) – Lawyer stipulates with his client that in the prosecution of the case. When he withdraws before the case is finished b. When necessary to collect his fees or to defend himself. There must be an intent or that the communication relayed by the client to the lawyer be treated as confidential. . • 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. or his advice given thereon in the course of professional employment. nor can an attorney’s secretary.N. CANON 21 – A lawyer shall preserve the confidences and secrets of his client even after the attorney-client relation is terminated. Division of fees is only for division of service or responsibility. without the consent of the client and his employees. 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.01 – A lawyer shall not reveal the confidences or secrets of his client except: a. • 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. • 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. or clerk be examined.C. 21 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. 21 (b). be examined as to any communication made by the client to him. In a separate civil action. if it is stated only in the dispositive portion of the decision. without the consent of his client. c. the same must be disallowed on appeal. Rule 21. concerning any fact the knowledge of which has been acquired in such capacity (Rule 130. • When counsel cannot recover full amount despite written contract for attorneys’ fees: a. stenographer. his employees or associates or by judicial action. good morals. b. otherwise. • Unauthorized counsel: Not entitled to attorney’s fees. A lawyer has 2 options. etc. When required by law. 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. • An attorney cannot. • Even though the interest or property involved is of considerable value.

• Art. Rule 21. from disclosing or using confidences or secrets of the client. Rule 21. Rule 21. or client is living somewhere under an assumed name c. to the disadvantage of his client. Rule 21. shall be imposed upon any attorney at law or solicitor who. When his inability to work with co-counsel will not promote the best interest of the client.05 – A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him. 209.06 – A lawyer shall avoid indiscreet conversation about a client’s affairs even with members of his family. • Prohibition applies. or both. or having received confidential information from said client in a case. statistical. c.03 – A lawyer shall not. 22 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. • When properly authorized after having been fully informed of the consequences to reveal his confidences/secrets. or reveal any of the secrets of the latter learned by him in his professional capacity. Revelation of secrets. accounting. CANON 22 – A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances.01 – A lawyer may withdraw his services in any of the following cases: a.04 – A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.02 – A lawyer shall not. the penalty of prision correccional in its minimum period.C. In addition to the proper administrative action. client jumped bail and lawyer knows his whereabouts. even if the prospective client did not thereafter actually engage the lawyer. or any other similar purposes. by any malicious break of professional duty as inexcusable negligence or ignorance. give information from his files to an outside agency seeking such information for auditing. without the consent of his first client (Rule 209. use information acquired in the course of employment. shall prejudice his client. shall undertake the defense of the opposing party in the same case. Rule 22. When the client insists that the lawyer pursue conduct violative of these canons and rules. unless the client with full knowledge of the circumstances consents thereto. Rule 21. announcements of intention of a client to commit a crime b. • Avoid committing calculated indiscretion – accidental revelation of secrets obtained in his professional employment. .N. data processing. bookkeeping. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling. then there is a valid waiver. The same penalty shall be imposed upon an attorney at law or solicitor who. b. Rule 21. without the written consent of his client. having undertaken the defense of a client. or a fine ranging from P200 to P1000. nor shall he use the same to his own advantage or that of a third person. Betrayal of Trust by an Attorney or Solicitor. communication involves the commission of future fraud or crime but crimes/frauds “already committed” falls within the privilege. RPC) • General Rule: Obligation to keep secrets covers only lawful purposes • Exceptions: a.07 – A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.

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

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

It can be initiated motu propio by the SC or IBP. to compel the attorney to deal fairly and honestly with his clients. CONVINCING & SATISFACTORY evidence. malpractice or other gross misconduct in office. 2. 6. Rule 138. 3. • Grounds for Disbarment or Suspension: 1. grossly immoral conduct. upon verified complaint by any person b. motu proprio. or 2. It can be initiated without a complaint. Double jeopardy cannot be availed of in a disbarment proceeding. ADMINISTRATIVE LIABILITIES OF LAWYERS • Main Objectives of Disbarment and Suspension: 1. Supreme Court 2. Submission of investigative report to the IBP Board of Governors. 2. deceit. 4. to set an example or a warning for the other members of the bar. the Supreme Court. 4. RRC) • Procedure for Disbarment a. d. Conducted confidentially. the one who instituted the suit • Officers authorized to investigate Disbarment cases: 1. 6. conviction of a crime involving moral turpitude. c. 6. 5. Investigation by the Solicitor-General g. It can proceed regardless of the interest of the lack thereof on the part of the complainant. to safeguard the administration of justice from incompetent and dishonest lawyers. f. 7. motu proprio. Burden of Proof: Rests on the COMPLAINANT. violation of oath of office. It constitutes due process. to punish the lawyer. Office of the Solicitor General . IBP through its Commission on Bar Discipline or authorized investigator 3. 3.C. Neither a civil nor criminal proceedings. 4. or 3. 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. 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. 3. Quantum of Proof Required: CLEAR. 27. SC renders final decision for disbarment/suspension/dismissal. to protect the public • Characteristics of Disbarment Proceedings: 1.N. 5. e. Board of Governors decides within 30 days. the IBP. 7. It is imprescriptible. corrupt or willful appearance as attorney for a party to case without authority to do so (Sec. 2. Institution either by: 1. 5. 25 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. willful disobedience of any lawful order of a superior court. Investigation by the National Grievance Investigators.

the property or interest of the client must be in litigation c. People. Good faith in the acquisition of a property of the client subject of litigation (In re: Ruste. 196 SCRA 16) 4. malpractice on the part of the lawyer and may be disciplined for misconduct b. 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. guardians. Gan. This prohibition is entirely independent of fraud and such need not be alleged or proven. 1491 is missing . Inexperience of the lawyer (Munoz v. 26 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. even at a public or judicial auction. People. 2. those specially disqualified by law (Rubias vs. 82 SCRA 294) a. Inc. 31 SCRA 120) • Elements of Article 1491 (Civil Code. 53 SCRA 190) 3. any of the 4 elements of Art. public officers and employees 5. Batilles. administrators 4. Lack of Intention to slight or offend the Court (Rhum of the Philippines. agents 3. 70 Phil. Age (Lantos v. CA. 20 SCRA 441). • General Rule: A lawyer may not purchase. Ferrer. in person or through the mediation of another. prosecuting attorneys and lawyers (Art 1491. Apology (Munoz v. Laig vs. • Mitigating Circumstances in Disbarment: 1. 243) 2. there must be an attorney-client relationship b. 53 SCRA 190) 5. the attorney by himself or through another purchases such property or interest during the pendency of the litigation. NCC) 7. v. judicial officers and employees 6. transaction is null and void • Exceptions: a. the attorney takes part as counsel in the case d. Effects: a. any property or interest involved in any litigation in which he may take part by virtue of his profession.C.N. property is acquired by lawyer through a contingent fee arrangement b.

• De Facto Judge – an officer who is not fully vested with all the powers and duties conceded to judges. CANON 1. Rule 1. but is exercising the office of a judge under some color of right. and the well being of the people.C. 137. 207) 6. Must have been at least for 15 years. Order No. 27. 2. Anti-Graft and Corrupt Practices Act (RA 3019) 7. 35. Canons of Judicial Ethics (Adm.02 – A judge should administer justice impartially and without delay. Art. 739. integrity.N. 139B. 64 OG 3189) • Judge – a public officer who. Judiciary Act of 1948 (RA 296) 10. Foreign Decisions 13. 20. VIII. Rule 1. • De Jure Judge – one who is exercising the office of judge as a matter of right. Art IX and Art III) 3. and independence. Manglapus. Constitution (Art VIII. 162) 8. JUDICIAL ETHICS • Sources of Judicial Ethics: 1. the stability of government. At least 40 years of age. 32. 27 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G.03 – A judge should be vigilant against any attempt to subvert the independence of the judiciary and resist any pressure from whatever source. is clothed with judicial authority. by virtue of his office. SC Circulars • Court – a board or other tribunal which decides a litigation or contest (Hidalgo v. Code of Professional Responsibility 9. a judge of a lower court or engaged in the practice of law (Sec 7(2). Revised Penal Code (Articles 204. 205. Judiciary Reorganization Act of 1930 (BP129) 11. Revised Rules of Court (Rules 71. 2005. Natural born citizen of the Philippines. qualified and whose term has not expired. New Civil Code (Articles 9.01 – A judge should be the embodiment of competence. 3. • Qualification of Supreme Court Members: 1. 2035. competent and independent judiciary exists to administer justice and thus promote the unity of the country.A judge should uphold the integrity and independence of the judiciary Rule 1. 135. 2046) 4. Other Statutes 15. . Supreme Court Decisions 12. and officer of a court who has been duly and legally appointed. 140) 5. 1491. Opinions of authorities 14. 206. a public officer lawfully appointed to decide litigated questions in accordance with law. 1987 Constitution). Code of Judicial Conduct 2. CODE OF JUDICIAL CONDUCT PREAMBLE An honorable.

C. Rule 2. • A judge must not allow anyone to ride on his prestige. nor convey or permit others to convey the impression that they are in a special position to influence the judge. The prestige of judicial office shall not be used or lent to advance the private interests of others. • 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. Rule 3. • Should also appear impartial. • Should not be swayed by public clamor or considerations of personal popularity • Must decide motions without delay.02 – In every case. or other relationships to influence judicial conduct or judgment. 28 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. 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. Rule 2. • Judge should be conversant with the law and its amendments. • A judge must be temperate in his language and must not lose his cool. CANON 3 .02 – A judge should not seek publicity for personal vainglory. public opinion or fear of criticism. He should not create the impression that someone or some people are so close to him to enjoy his favor.01 – A judge shall be faithful to the law and maintain professional competence.03 – A judge shall not allow family.A judge should perform official duties honestly. social. disinterested and impartial tribunal. wholly free. Rule 2. . and also as to his integrity. CANON 2 – A judge should avoid impropriety and the appearance of impropriety in all activities Rule 2. and with impartiality and diligence ADJUDICATIVE RESPONSIBILITIES Rule 3. • A judge must be beyond suspicion. a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interest. • Judges should avoid even the slightest infraction of the law.N. • Finding of facts must be based not on the personal knowledge of the judge but upon the evidence presented.04 – A judge shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court of administrative agency. fairness and honesty • Should not relax in his study of the law and court decisions. • Must be models of uprightness.01 – A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary. • Every litigant is entitled to nothing short of the cold neutrality of an independent.

prevent waste of time or clear up some obscurity. and courteous to lawyers.N. instead of the courts for the litigants. • Must use temperate language. trustees. Rule 3. the same criteria should be observed in recommending appointment of court personnel. not permit pictures or broadcasting. He is excused for delay on grounds of multifarious motions. maintain professional competence in court managements. administrators and others strictly on the basis of merit and qualifications. 29 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. • 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. and favoritism. heavy caseload. Rule 3. and others appearing before the court.06 – While a judge may. and require at all times the observance of high standards of public service and fidelity. Rule 3. properly intervene in the presentation of evidence during the trial. Where the payment of compensation is allowed. A judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts. Rule 3.10 – 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. nonetheless. Rule 3. Unless otherwise allowed by law.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. it should always be borne in mind that undue interference may prevent the proper presentation of the cause of the ascertainment of the truth.08 – A judge should diligently discharge administrative responsibilities. • Ascertain that the records of all cases are properly kept and managed. guardians. avoiding nepotism. • Conduct of trial must not be attended with fanfare and publicity. Rule 3.11 – A judge should appoint commissioners. to litigants.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. receivers. Rule 3. appellate court enjoins judge from further proceeding. witnesses. should not make insulting remarks. • Judge is not excused if stenographer is overloaded. ADMINISTRATIVE RESPONSIBILITIES Rule 3.C. Rule 3. • If the personal view of the judge contradicts the applicable doctrine promulgated by the Supreme Court. and facilitate the performance of the administrative functions of other judges and court personnel. attentive. especially the inexperienced. • Loss of records: gross negligence .03 – A judge shall maintain order and proper decorum in the courts. to promote justice. he should decide the case in accordance with that doctrine and not in accordance with his personal views. • Judge should take notes and rely on transcripts. He is however not prohibited from stating his own opinion on the matter if he wants to invite constructive attention thereto.04 – A judge should be patient. it should be reasonable and commensurate with the fair value of services rendered.

the judge has personal knowledge of disputed evidentiary facts concerning the proceeding. the judge is related by consanguinity or affinity to a party litigant within the 6th degree or to counsel within the 4th degree.12 may. Remedy: seek new trial. DISQUALIFICATIONS Rule 3. the judge served as executor. fiduciary.12 – A judge should take no part in proceeding where the judge’s impartiality might reasonably be questioned. based on such disclosure.13 – A judge disqualified by the terms of Rule 3. trustee or lawyer in the case or matters in controversy. In every instance the judge shall indicate the legal reason for inhibition. among others. or otherwise. shall be guilty of unlawful appointment punishable with imprisonment and fine (Art 244.C. • Judge has the power to appoint. RPC). legatee. can’t be raised first time on appeal. These cases include. or a former associate of the judge served as counsel during their association. creditor. as heir. The agreement. 30 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. engage in activities to improve the law. but the power to dismiss court employees is vested in the Supreme Court. • Petition to disqualify judge must be filed before rendition of judgment by the judge. the judge knows that the judge’s spouse or child has a financial interest. • If a judge denies petition for disqualification.N. or the judge or lawyer was a material witness therein. • If knowingly nominate or appoint to any public office any person lacking the legal qualification therefor. the judge may then participate in the proceeding. the parties and lawyers independently of the judge’s participation. b. If. with due regard to official duties. signed by all parties and lawyers. disclose on the record the basis of disqualification. in the subject matter in controversy or in a party to the proceeding. a. shall be incorporated in the record of the proceeding. administrator. • Should be a good manager. c. • May not summarily suspend a lawyer for indirect contempt. CANON 4 – A judge may. . guardian. e. proceedings where. the judge’s ruling in a lower court is subject of review d. the ultimate test: is whether or not the complaint was deprived of a fair and impartial trial. or any other interest that could be substantially affected by the outcome of the proceeding. all agree in writing that the reason for the inhibition is immaterial or insubstantial. instead of withdrawing from the proceeding. REMITTAL OF DISQUALIFICATION Rule 3. the legal system and the administration of justice.

• If a judge has time to spare. c. charitable. speak. serve on any organization devoted to the improvement of the law.N.04 – A judge or any. lecture. b.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. engage in the arts. write. teach and speak on non-legal subjects. FINANCIAL ACTIVITIES Rule 5. Rule 5. interfere with the proper performance of judicial activities. he must concentrate on his judicial duties. educational. • Prohibitions under the Revised Penal Code: .03 – Subject to the provisions of the proceeding rule. or increase involvements with lawyers or persons likely to come before the court. trustee. or civic organization.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. d. fraternal. or non-legal advisor of a non- profit or non-political. participate in civic and charitable activities. or employee of any business except as director of a family business of the judge. shall not accept a gift. immediate member of the family. • If they opt to engage in such activities. 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. • Decision to engage in these activities depends upon the sound judgement of the judge. VOCATIONAL. director. serve as an officer.C. favor or loan from anyone except as may be allowed by law. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification.01 – A judge may.02 – A judge shall refrain from financial and business dealings that tends to reflect adversely on the court’s impartiality. CANON 5 – A judge should regulate extra-judicial activities to minimize the risk of conflict with judicial activities. and other special recreational activities. director. to the extent that the following activities do not impair the performance of judicial duties or case doubt on the judge’s impartiality: a. CIVIC AND CHARITABLE ACTIVITIES Rule 5. 31 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. religious. appear at a public hearing before a legislative or executive body on matters concerning the law. manager. b. c. a judge may hold and manage investments but should not serve as an officer. lecture. sports. advisor. Rule 4. the legal system or the administration of justice and otherwise consult with them on matters concerning the administration of justice. the legal system and the administration of justice. the legal system or the administration of justice. bequest. Rule 5. • If has not enough time to spare (such as when caseload is too heavy) prudence dictates. teach or participate in activities concerning the law. Rule 5. they must learn how to manage their time in such manner that their judicial responsibilities do not falter and suffer. write.

(Sec. • Not engage in notarial work.C. or other fiduciary.06 – A judge should not serve as the execution administrator. 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.N. • 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 penalty of prision correccional in its minimum period or a fine ranging from P200 to P1000 or both. during his incumbency. Art 215. Unless prohibited by the Constitution or law. trustee. guardian. 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. except for the estate. • Sworn statement of assets and liabilities including statement of amounts and services of income.05 PRACTICE OF LAW AND OTHER PROFESSION Rule 5. As a family fiduciary. Prohibited Transaction. serve in proceedings that might come before the court of said judge. Art 216. shall become interested in any contract or business which it is his official duty to intervene. 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. shall be imposed upon a public officer who directly and indirectly. 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. shall be imposed upon any appointive public officer who. Exception: “Notaries public ex-oficio” . a judge shall not: a. or b. FIDUCIARY ACTIVITIES Rule 5.07 – A judge shall not engage in the private practice of law. shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. . or both. the amount of personal and family expenses and the amount of income tax is paid for the next preceding calendar year. In addition to acts or omissions of public officers already penalized by existing law. Corrupt practices of public officers. Possession of prohibited interest by a public officer. • Includes preparation of pleadings or papers in anticipation of litigation. Provided. and giving of legal advice to clients or persons needing the same. act as such contrary to Rule 5.02 to 5. The penalty of arresto mayor in its medium period to prision correccional in its minimum period. all notarial fees on account of the government and certification attesting to lack of any lawyer or Notary Public. 32 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. or a fine ranging from P200 to P1000. “member of immediate family” shall be limited to the spouse and relatives within the second degree of consanguinity.may engage only in notarization of documents connected with the exercise of their official functions. 3(h). • Sec 3. RA 3019) • General Rule: Avoid taking or receiving loans from litigants. trust.

defeats. b. promulgated on 5 September 1989.10 – A judge is entitled to entertain personal views on political questions. 2. . Willful or negligent rendition of a decision which causes damages to another c. the judge may not have acquired the property in litigation in a case before him. 33 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. nevertheless. • Donations made to a judge by reason of his office are void. that the judgment is unjust.N. COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT All judges shall strictly comply with this code DATE OF EFFECTIVITY This code. obstructs. nor will it apply when the litigation is already finished. CRIMINAL LIABILITIES OF JUDGES • Malfeasance under the RPC: a. EXTRA-JUDICIAL APPOINTMENTS Rule 5. FINANCIAL DISCLOSURE Rule 5. that he renders judgment in a case submitted to him for decision. publicly endorse candidates for political office or participate in other partisan political activities. • Civil Code Disabilities: Rule: Can’t purchase properties subject of litigation is his court. shall take effect on 20 October 1989. it is improper for him to have done so under the canons of judicial ethics. the judge knows that his judgment is unjust. • Civil Liabilities Re Official Functions: a. 4. 3. RPC) The elements are: 1. 204. POLITICAL ACTIVITIES Rule 5. that the officer is a judge.C. Exception: Does not apply where the subject property was not acquired from any of the parties to the case. • Cannot serve as officers or advisers of political groups. a judge shall not make political speeches. resignation or promotion of a judge does not necessarily render moot and academic all the cases against him.08 – A judge shall make full financial disclosure as required by law. • Taking advantage of his position to boost his candidacy amounts to gross misconduct. • Retirement. Knowingly Rendering Unjust Judgment (Art.09 – A judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions. But… while in a technical sense. contribute to party funds. • An administrative case against a judge is not necessarily dismissed by the withdrawal by or desistance of the complainant. For damages: rendering/neglecting to decide a case causing loss to a party. violates or in any manner impedes or impairs the civil rights. But to avoid suspicion of political partisanship.

transfers and assignments e. vessels or boats: 1. that is due to his inexcusable negligence or ignorance. Circular 8 of 1985 however.N. 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. that the offender is a judge. 2. that he renders judgment in a case submitted to him for decision 3. To receive proof or acknowledgment of all writings relating to commerce. To act as magistrate in the writing of affidavits or depositions 4. Hypothecations b. • The law imposes on the notary public two kinds of duties: a. letters of attorney d. Mortgages 4. • Extent of Jurisdiction of a Notary Public: Under the Notarial Law. other writings as are commonly provided or acknowledged before notaries. used to be CO-EXTENSIVE with the province for which he was commissioned. mortgages 3. To make declarations and certify the truth thereof under his seal of office. charter parties or affreightments c. deeds 2. in all matters incident to his notarial office. depositions 3. clarified further that the notary public may be commissioned for the same term only by one court within the Metro Manila region. b. 4. land/buildings or interest therein: 1.C. and b. 34 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. execution of formalities required by law. RPC) The elements are: 1. affidavits 2. Judgment Rendered Through Negligence (Art. other documents requiring an oath 2. Bills of Exchange 2. the jurisdiction of a notary public in general. Bottomries 3. 205. that the judgment is manifestly unjust. concerning all matters done by him in virtue of his office. . verification of the capacity and identity of the parties as well as the legality of the act executed. and for the notary public in the City of Manila. ships. 3 3. To administer all oaths and affirmations provided for by law: a. the jurisdiction is CO-EXTENSIVE with said city. such as a. in the execution of: 1. b.

the following persons may be appointed as notaries: a. those who have passed the studies of law in a reputable university b. that all the parties therein personally appeared before him b. Converts a private document into a public one and renders it admissible in court without further proof of its authenticity. (Joson vs. in effect. and e. 35 LE G AL E TH IC S REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 G. Exception: When there are no persons with the necessary qualifications OR where there are qualified persons but refuse appointment. • 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. In which case. Baltazar) 3.N. that they acknowledged personally before him that they voluntarily and freely executed the same 2. It constitutes prima facie evidence of the facts which give rise to their execution and of the date of said execution. Documents enjoy a presumption of regularity. a clerk or deputy clerk of court for a period of not less than two years • Effects of NOTARIZATION 1.C. but not of the truthfulness of the statements. that they are the same persons who executed the instrument d. . The notary. that he inquired into the voluntariness of the execution of the instrument. that they are personally known to him c. 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. proclaims to the world: a.