Professional Documents
Culture Documents
Under Sections 2, 5 and 6 of Rule 138, the applicant Q: Bong Tupak, a second year law student, was charged in
must be: the RTC for Forcible Abduction with Rape. Having
knowledge of criminal law ad procedure, he dismissed the
1. Citizen of the Philippines; counsel de oficio assigned and appeared for himself. HE
2. At least 21 years of age; asserted that there was lack of force. Eventually, the RTC
3. Of Good moral character; found him guilty of consented abduction and imposed the
4. Resident of the Philippines; penalty. Bong Tupak now assails the decision, saying that
5. Must produce before the SC satisfactory Evidence there was violation of due process because he was
of good moral character; allowed to appear for himself and he did not know that
6. No charges against him, involving moral turpitude, consented abduction is a crime. Decide.
have been filed or are pending in any court in the
Philippines (Sec. 2, Rule 138, RRC); A: The RTC should have appointed a counsel de oficio to
7. Must have complied with the Academic assist the accused even if it was not sought or requested by
requirements; the accused. (2012 Bar Question, MCQ)
8. Must Pass the bar examinations;
9. Take the lawyers Oath; and 4. The 5 Strike Rule in taking the Bar
10. Sign the Roll of Attorneys.
The Former 5-Strike Rule was lifted by the Supreme Court
en banc in a resolution on September 3, 2013. Thus, to this
3. Appearance of Non-Lawyers
day, the taking of the bar has no limit.
GR: No. Only those who are licensed to practice law can
Non Lawyers in Court
appear and handle cases in court.
a. Law student practice
XPN:
b. Non-lawyers in court can appear for a party in MTC
a. Law student practice
b. Non-lawyers in court can appear for a party in MTC Note: Section 34, Rule 138 of the Revised Rules of
c. Non-lawyers in administrative tribunal can Court expressly allows pro se practice or the right
represent parties in tribunals such as NLRC, of a non-member of the bar to engage in limited
DARAB, Cadastral Courts. practice of law. (Antiquiera, CPR, p. 9)
4. Sanctions for practice or appearance without A: No, because Ed is charged with an offense in relation to
authority his office. (2012 Bar Question, MCQ)
1. Misstatements of fact
2. Suggestions that the ingenuity or prior record of a
Duties to the Legal Profession
lawyer rather than the justice of the claim are the
principal factors likely to determine the result The Integrated Bar of the Philippines
3. Inclusion of information irrelevant on selecting a
lawyer Membership in the IBP is Mandatory, even for lawyers
4. Representations concerning the quality of service, abroad.
which cannot be measured or verified.
Integration of the Bar is the official unification of the entire
Barratry v. Ambulance Chasing lawyer population ordained by the Supreme Court on
January 16, 1973.
Barratry is an offense of frequently exciting and stirring up
quarrels and suits, either at law or otherwise; lawyers act Integration is constitutional (In re Integration, 49 SCRA 22)
of fomenting suits among individuals and offering his legal Membership and Dues
services to one of them. Barratry is not a crime under the
Philippine laws. However, it is proscribed by the rules of Q: Atty. Gelly passed the Bar in 1975. After taking his oath,
legal ethics. he did not enlist in any IBP chapter because he went to the
USA topursue a Masters Degree. Eventually, he passed
Ambulance chasing is an act of chasing victims of accidents the state bar and specialized in Immigration Law. In 2005,
for the purpose of talking to the said victims (or relatives) he returned to the Philippines and was hired by a law firm.
He wishes to pay his IBP dues for the current year but the
and offering his legal services for the filing of a case against
IBP is charging him rom 1975 up to the present and
the person(s) who caused the accident(s). It has spawned a threatening him with expulsion if he does not comply. Is
number of recognized evils such as: the IBP correct?
1. Fomenting of litigation with resulting burdens on the A: Atty. Gelly should pay the dues from 1975 to the present
courts and the public; since membership in the IBP is compulsory. (2012 Bar
2. Subordination of perjury; Question)
3. Mulcting of innocent persons by judgments, upon
manufactured causes of action; and
4. Defrauding of injured persons having proper causes of
action but ignorant of legal rights and court procedures
by means of contracts which retain exorbitant
percentages of recovery and illegal charges for court
Default in the payment of annual dues for six months shall Q: Atty. Y, in his Motion for Reconsideration of the
warrant suspension of membership in the Integrated Bar, Decision rendered by the National Labor Relations
and default in such payment for one year shall be a ground Commission (NLRC), alleged that there was connivance of
for the removal of the name of the delinquent member the NLRC Commissioners with Atty. X for monetary
from the Roll of Attorneys (Sec. 10, Rule 139-A, RRC) subject considerations in arriving at the questioned Decision. He
to the requirement of due process insulted the Commissioners for their ineptness in
appreciating the facts as borne by the evidence presented.
Atty. X files an administrative complaint against Atty. Y for
using abusive language. Atty. Y posits that as lawyer for
The IBP and its Processes the down-trodden laborers, he is entitled to express his
righteous anger against the Commissioners for having
Principle of Rotation
cheated them; that his allegations in the Motion for
Pursuant to the principle of rotation, the governorship of a Reconsideration are absolutely privileged; and that
region shall rotate once in as many terms as the number of proscription against the use of abusive language does not
chapters there are in the region, to give every chapter a cover pleadings filed with the NLRC, as it is not a court, nor
chance to represent the region in the Board of Governors. are any of its Commissioners Justices or Judges. Is Atty. Y
Thus, in a region composed of 5 chapters, each chapter is administratively liable under the Code of Professional
entitled to the governorship once in every 5 terms, or once Responsibility? Explain.
every ten (10) years, since a term is two (2) years (Atty.
A: Atty. Y clearly violated Canon 8 of the CPR and is
Magsino et al. v. Atty. Vinluan, A.M. No. 09-5-2-SC,
administratively liable. A lawyer shall not in his professional
December 14, 2010)
dealings, use language which is abusive, offensive or
Prohibited Practice otherwise improper. A lawyer shall abstain from
scandalous, offensive or menacing language or behaviour
Q: In the election of national officers of the IBP, the before the courts. In the case of Johnny Ng v. Atty. Banjamin
Supreme Court received reports of electioneering and Alar, which involves the same facts, the SC held that the
extravagance that characterized the campaign conducted argument that the NLRC is not a court is unavailing. The
by the 3 candidates (Paculdo, Nisce and Mrs. Drilon) for lawyer remains a member of the Bar, an oath-bound
President of the IBP. It is alleged that they used servant of the law whose first duty is not to his client but to
government planes, give free accommodations to voters the administration of justice and whose conduct ought to
to expensive hotels and there has been intervention of be and must be scrupulously observant of the law and
public officials to influence the voting. Is there a violation ethics. (2010 Bar Question)
of the IBP by-laws? Is there sufficient ground for the
Supreme Court to suspend the oath taking of the officials? Canon 9
1. A lawyer shall not refuse his services to the needy. Q: What are the three (3) tests to determine conflict of
(Canon 14) interest for practicing lawyers? Explain each briefly.
2. He shall not decline to represent a person solely on
account of the latters race, sex, creed or status in life
A: (1) When in representation of one client, a lawyer is
or because of his own opinion regarding the guilt of
required to fight for an issue or claim, but is also duty-
said person (Rule 14.01); (1990, 1993, 2000, 2002,
bound to oppose it for another client; (2) When the
2006 Bar Questions)
acceptance of the new retainer will require an attorney to
3. He shall not decline, except for serious and efficient
perform an act that may injuriously affect the first client or
cause like
when called upon in a new relation o use against the firs
a. If he is not in a position to carryout effectively or
client any knowledge acquired through their professional
competently; and
connection; (3)When the acceptance of a new relation
b. If he labors under a conflict of interest between
would prevent the full discharge of an attorneys duty to
him and the prospective client. (Rule 14.03)
give undivided fidelity and loyalty to the client or would
invite suspicion or unfaithfulness or double-dealing in the
Privileged Communication performance of that duty. (2009 Bar Question)
A privileged communication is one that refers to A lawyer shall hold in trust all moneys and properties of his
information transmitted by voluntary act of disclosure client that may come into his possession. (Canon 16)
between attorney and client in confidence and by means
which, so far as the client is aware discloses the information a. A lawyer shall account for all money or property
to no third person other than one reasonably necessary for collected or received for or received from the
the transmission of the information or the accomplishment client (Rule 16.01) (Yuhico v. Guttierez, AC8391,
of the purpose for which it was given. Nov. 23, 2010 ; Tan v. Balon, AC 6483, Aug. 31,
2007)).
a. Money given for a purpose must be
used for such purpose; otherwise,
Privileged Client Identity
returned to client immediately.
Client identity is privileged where a strong probability exists ii. Failure to do so will raise presumption
that revealing the clients name would implicate that client that lawyer misappropriated it. (De
in the very activity for which he sought the lawyers advice. Chavez-Blanco v. Lumasag, Jr., AC
(Regala v. Sandiganbayan, G.R. No. 105938, Sept. 20, 1996) 5195, Apr. 10, 2009)
b. A lawyer shall keep the funds of each client
separate and apart from his own and those of
Q: After representing Lenie in an important lawsuit from others kept by him. (Rule 16.02)
1992 to 1995, Atty. Jennifer lost touch of her client. Ten c. A lawyer shall deliver the funds and property of
years later in 2005, Evelyn asked Atty. Jennifer to client upon demand. However, he shall have a
represent her in an action against Lenie. Such action lien over the funds and may apply so much
involved certain facts, some confidential, to which Atty. thereof as may be necessary to satisfy his lawful
Jennifer was privy because she handled Lenie's old case. fees and disbursements, giving notice promptly
Can Atty. Jennifer act as counsel for Evelyn? (2011 Bar thereafter to his client. (Rule 16.03)
Question) A Lawyer may not apply clients funds to
his fees if client is still objecting to the
A: No. A lawyer shall preserve the confidences or secrets of amount thereof. (Genato v. Adaza, 328
his client even after the attorney-client relation is SCRA 694; Lemoine v. Balon, 414
terminated. He shall not reveal the confidence or secrets of SCRA511).
his client except upon the instances provided for by the
rules. (Rule 21.01, Canon 21, Code of Professional A lawyer will not be ordered to return money given to him
Responsibility) for facilitation fee. (Arellano University v. Mijares, AC
380, Nov. 30. 2009)
Conflict of Interest
Lawyer borrowing money from client
GR: An attorney cannot represent diverse interests.
Not allowed unless the clients interests are fully protected
XPN: Representation of conflicting interest may be allowed by the nature of the case or by independent advice.
where the parties consent to the representation after full
disclosure of facts. (Nakpil v. Valdez, A.C. No. 2040, Mar. 4,
1998)
Lawyer lending money to client
XPN to XPN: Where the conflict is:
Not allowed except when in the interest of justice, he has
to advance necessary expenses in a legal matter he is
handling for the client. (Rule 16.04, Code of Professional is no reimbursement. Thus, he is investing in the outcome
Responsibiility). of the case. (2010 Bar Question)
C. SUSPENSION, DISBARMENT AND DISCIPLINE OF Court. Either one may file a motion for
LAWYERS reconsideration with the IBP Board before
appealing.
Rationale: Practice of law is in the nature of a privilege.
Hence, the same may be suspended or removed from the
(9) Supreme Court renders decision, by division if
lawyer for reasons provided in the rules, law and
penalty is fine of P10,000 less and/or
jurisprudence.
suspension for one year or less, and by the
Sui Generis court en banc, if penalty is fine of more than
P10,000.00 and/or suspension for more than
Does not prescribe
one year, or disbarment.
The following are specific grounds for suspension or
Discipline for Practice in Foreign Jurisdiction:
disbarment of a lawyer:
(1) They may likewise be disciplined in the
a. Deceit;
Philippines if their misconduct in the foreign
b. Malpractice;
jurisdiction also constitutes ground for
c. Grossly immoral conduct
discipline here.
d. Conviction of a crime involving moral
(2) But they are entitled to due process here, and
turpitude;
the decision of the authorities abroad shall only
e. Violation of oath of office;
be considered as prima facie evidence of
f. Willful disobedience of any lawful order of a
misconduct.
superior court
g. Corrupt or willful appearance as an attorney Q: Cliff and Greta were law school sweethearts. Cliff
for a party to a case without authority to do became a lawyer, but Greta dropped out. One day, Cliff
so. (Sec. 27, Rule 138, RRC) asked Greta to sign a marriage contract. The following day,
h. Non-payment of IBP membership dues Cliff showed Greta the document already signed by an
(Santos, Jr. v. Atty. Llas, Adm. Case No. 4749, alleged solemnizing officer and two witnesses. Cliff then
January 20, 2000) told Greta that they were already married and Greta
HOWEVER, The statutory enumeration is not to be taken as consented to go on a honeymoon. Thereafter, the couple
a limitation on the general power of SC to suspend or disbar cohabited and begot a child. Two years later, Cliff left
a lawyer. (In Re: Puno, A.C. No. 389, Feb. 28, 1967) HENCE, Greta and married a Venezuelan beauty. Incensed, Greta
the grounds enumerated are NOT exclusive. filed a disbarment complaint against Cliff. Will the case
prosper? Explain.
Proceedings in Disbarment:
A: The disbarment case will prosper. In the case of Cabrera
(1) initiated by the Supreme court motu propio or
v. Agustin,a lawyer who deceived a woman to believe that
by the IBP, or upon verified complaint by any
they were already married after they had signed an
person filed with the Supreme Court or an IBP
application for marriage license, and afterward tok
Chapter
advantage of her belief to saisfy his lust, until she bore him
(2) if complaint prima facie meritorious, referred
a child, was considered by the Supreme Court to e lacking
to the IBP, or the Solicitor General, any officer
in integrity and good morals to remain a member of the
of the Court or a judge of a lower court
Bar. (2009 Bar Question)
(3) IBP Board of Governors assigns complaint to
Commission on Bar Discipline (CBD).
(4) CBD will assign complaint to a Commissioner or Q: Atty. Hyde, a bachelor, practices law in the Philippines.
group Commissioners. On long weekends, he dates beautiful actresses in Hong
(5) If complaint found meritorious, Kong. Kristine, a neighbor in the Philippines, filed with the
Commissioner(s) will require respondent to file Supreme Court an administrative complaint against the
an answer. lawyer because of sex videos uploaded through the
(6) Commissioner will conduct hearing in which internet showing Atty. Hydes sordid dalliance with the
respondent is accorded due process. actresses in Hong Kong.In his answer, Atty. Hyde (1)
(7) After hearing, Commissioner(s) will submit questions the legal personality and interest of Kristine to
Report and Recommendation to IBP Board of institute the complaint and (2) insists that he is a bachelor
Governors. and the sex videos relate to his private life which is outside
(8) Board of Governors will render decision, either public scrutiny and have nothing to do with his law
exonerating the respondent and dismissing the practice.Rule on the validity of Atty. Hydes defenses.
case, or imposing a sanction less than
suspension, or recommending suspension or A: The legal personality and interest of Kristine to initiate
disbarment to the Supreme Court. the complaint for disbarment is immaterial. A disbarment
proceeding is Sui Generis, neither of civil or criminal
Exoneration may be appealed by the character. Its sole purpose is to determine whether or not
a lawyer is still deserving to be a member of the bar. In a
complainant to the Supreme Court. Sanction of
real sense, Kristine is not a plaintiff, hence, interest on her
less than suspension or disbarment may be
part is not required.
appealed by the respondent to the Supreme
Atty. Hydes second defense is untenable. His duty practice of law and has not appeared in any court
not to engage in unlawful, dishonest, immoral and deceitful during the period of his or her suspension.
conduct, as well as his duty not to engage in scandalous 4. Copies of the sworn statement shall be furnished
conduct to the discredit of the legal profession, is applicable the Local Chapter of the IBP and to the Executive
to his private as well as professional life. (2009 Bar Judge of the courts where he or she has pending
Question) cases and/or has appeared as counsel.
5. The Sworn Statement shall be considered as proof
Q: Is the defense of Atty. R in a disbarment complaint for of respondents compliance with the order of
immorality filed by his paramour P that P is in pari delicto suspension.
material or a ground for exoneration? Explain. 6. Any finding or report contrary to the statements
made by the lawyer under oath shall be ground for
A: The defense of in pari delicto is immaterial in an imposition of a more severe punishment, or
administrative case which is sui generis. The administrative disbarment, as may be warranted. (Maniago
case is about the lawyers conduct, not the womans. (2010 vs. Atty. De Dios, A.C. No. 78472, March 30, 2010)
Bar Question)
Lifting of Suspension
Affidavit of Desistance: Effects
The lifting of a lawyers suspension is not automatic
Q: Arabella filed a complaint for disbarment against her upon the end of the period stated in the Courts decision,
estranged husband Atty. P on the ground of immorality and an order from the Court lifting the suspension at the
and use of illegal drugs. After Arabella presented evidence end of the period is necessary in order to enable [him] to
and rested her case before the Investigating resume the practice of his profession. (J.K. Mercado and
Commissioner of the IBP Committee on Bar Discipline, she Sons Agricultural Enterprises, Inc. et al. v. Atty. de Vera, et
filed an Affidavit of Desistance and motion to dismiss the al. and Atty. de Vera v. Atty. Encanto, et al.)
complaint, she and her husband having reconciled for the
sake of their children. You are the Investigating
Commissioner of the IBP. Bearing in mind that the family
Disbarment
is a social institution which the State is duty-bound to
preserve, what will be your action on Arabellas motion to Lawyers who have been disbarred: The Supreme Court may
dismiss the complaint? reinstate a disbarred lawyer upon proof that he has
regained his good moral character and can again be
A: I would still deny the motion to dismiss. The general rule
entrusted with the privileges of a lawyer.
is that no investigation shall be interrupted or terminated
by reason of desistance, settlement, compromise,
restitution, withdrawal of charges or failure of complainant
to prosecute the same unless the SC motu proprio or upon Q: X filed proceedings for disbarment against his lawyer,
recommendation of the IBP Board determines that there is Atty. C, following the latters conviction for estafa for
no compelling reason to continue with the proceedings. An misappropriating funds belonging to his client (X). While the
affidavit of desistance will have no effect on it, being a sui proceedings for disbarment was pending, the President
generis proceeding. (2010 Bar Question) granted absolute pardon in favor of Atty. C. Atty. C, then,
moved for the dismissal of the disbarment case. Should the
D. READMISSION TO THE BAR motion be granted?
Reinstatement and its Requirements A: An absolute pardon by the President is one that operates
to wipe out the conviction as well as the offense itself. The
Reinstatement is the restoration in disbarment proceedings grant thereof to a lawyer is a bar to a proceeding for
a disbarred lawyer the privilege to practice law. The disbarment against him, if such proceeding is based solely
applicant must, satisfy the Court that he is a person of good on the fact of such conviction. (In re: Parcasio, A.C. No. 100,
moral character a fit and proper person to practice law. Feb. 18, 1976)
Suspension But where the proceeding to disbar is founded on the
professional misconduct involved in the transaction which
1. After a finding that the respondent lawyer must be
culminated in his conviction, the effect of the pardon is only
suspended from the practice of law, the Court
to relieve him of the penal consequences of his act and does
shall render a decision imposing the penalty.
not operate as a bar to the disbarment proceeding,
2. Unless the Court explicitly states that decision is
inasmuch as the criminal acts may nevertheless constitute
immediately executory upon receipt thereof, the
proof that the attorney does not possess good moral
respondent has 15 days within which to file a
character. (In re: Lontok, 43 Phil. 293, Apr. 7, 1922)
motion for reconsideration thereof. Denial of the
motion for reconsideration shall render the
decision final and executory.
3. Upon expiration of the period of suspension, the
respondent shall file a Sworn Statement with the
Court through the Office of the Bar Confidant Resumption of the Practice of Law
stating therein that he or she has desisted from the
Q: After passing the Philippine Bar in 1986, Atty. Richards MCLE for a newly admitted member of the bar: Starts on
practiced law until 1996 when he migrated to Australia the first day of the month of his admission. (Sec. 5, last par.
where he subsequently became an Australian citizen in Bar Matter No. 850)
2000. As he kept abreast of legal developments, petitioner
learned about the Citizenship Retention and Re- Q: Atty. Galing is a Bar topnotcher. He has been teaching
Acquisition Act of 2003 (Republic Act No. 9225), pursuant major subjects in a law school for eight (8) years and has
to which he reacquired his Philippine citizenship in 2006. mastered the subjects he is handling. Is he exempt from
He took his oath of allegiance as a Filipino citizen at the the MCLE requirement?
Philippine embassy in Canberra, Australia. Jaded by the
laid back life in the outback, he returned to the Philippines A: No, eight (8) years experience is not enough. (2012 Bar
in December 2008. After the holidays, he established his Question, MCQ)
own law office and resumed his practice of law. Months
later, a concerned woman who had secured copies of Atty.
Richards naturalization papers with consular Q: Atty. Rey has been a professor in the Legal
authentication, filed with the Supreme Court an Management Department of Y University for thirty (30)
anonymous complaint against him for illegal practice of years. He teaches Constitution,Obligation and Contracts,
law. Insurance, Introduction to Law. Is he exempted from the
MCLE requirement?
May the Supreme Court act upon the complaint filed by an
anonymous person? Why or why not? Is respondent A: No, because he is not teaching in the College of Law.
entitled to resume the practice of law? Explain. (2012 Bar Question, MCQ)
A: Yes, the SC may act upon the complaint filed by an Consequences of Noncompliance
anonymous complainant, because the basis of the
complaint consists of documents with consular A member who fails to comply with the requirements after
authentications which can be verified being public records. the 60-day period shall be listed as delinquent member by
There is no need to identify the complainant when the the IBP Board of Governors upon recommendation of the
evidence is documented and verifiable. Besides, the SC or Committee on MCLE.
the IBP may initiate disbarment proceedings motu proprio.
B. Yes, as long as he observes the procedure laid down in Q: In order to comply with the MCLE requirements, Atty.
Petition for Leave to Resume Practice of Law of Ausente enrolled in a seminar given by an MCLE provider.
Benjamin M. Dacanay, to wit; Whenever he has court or other professional
A. Updating and payment in full of the commitments, he would send his messenger or a member
annual membership dues in the IBP; of his legal staff to register his attendance at the MCLE
B. Payment of professional tax sessions so he could be credited with the required
C. Completion of atleast 36 credit hours of qualifying attendance. He would also ask them to secure
mandatory continuing legal education the printed handouts and the lecturers CDs, all of which
and; he studied in his free time. Atty. Ausente should be
D. Pretaking of the lawyers oath. (2010 Bar _________.
Question)
A: Sanctioned because he circumvented or evaded full
compliance with the MCLE requirements. (2013 Bar
Question)
E. MANDATORY CONTINUING LEGAL EDUCATION
Exemptions:
Requirements of completion of MCLE 1. President and Vice-President, Secretaries
and Undersecretaries of Executive
Members of the IBP, unless exempted under Rule 7, shall Departments
complete every 3 years at least 36 hours of continuing legal 2. Senators and Members of the House of
education activities. The 36 hours shall be divided as Representatives
follows: 3. Chief Justice and Associate Justices of the
1. 6 hours legal ethics Supreme Court, incumbent and retired
2. 4 hours trial and pretrial skills members of the judiciary, incumbent
3. 5 hours alternative dispute resolution members of the Judicial and Bar Council,
4. 9 hours updates on substantive and procedural incumbent court lawyers covered by the
laws and jurisprudence Philippine Judicial Academy
5. 4 hours legal writing and oral advocacy 4. Chief State Counsel, Chief State
6. 2 hours international law and international Prosecutor, and Assistant Secretaries of
conventions the Department of Justice
7. Remaining 6 hours such other subjects as may be 5. Solicitor General and Assistant Solicitor
prescribed by the Committee on MCLE General
6. Government Corporate Counsel, Deputy
an Assistant Government Corporate
Counsel
1. If the signatory is old or sick or otherwise Competent Evidence of Identity refers to the identification
unable to appear, his presence may be of an individual based on:
dispensed with if one credible witness
1. At least one current identification document issued by
not privy to the instrument and who is
an official agency bearing the photograph and
known to the notary public, certifies
signature of the individual such as but not limited to
under oath or affirmation the identity of
those enumerated in the law.
the signatory.
2. The oath or affirmation of one credible witness not
2. If two credible witnesses neither of
privy to the instrument, document or transaction who
whom is privy to the instrument, not
is personally known to the notary public and who
known to the notary public but can
personally knows the individual, or of two credible
present their own competent evidence
witnesses neither of whom is privy to the instrument,
of identity of the signatory.
document or transaction who each personally knows
3. In cases of copy certification and
the individual and shows to the notary public
issuance of certified true copies. (2010
documentary identification. (Amendment to Sec. 12
Bar Question)
(a), Rule II of the 2004 Rules on Notarial Practice, Feb.
19, 2008).
Q: Under the 2004 Rules of Notarial Practice, what may Draft of the Code of Judicial Conduct is intended to be a
used to satisfy the requirement of "competent evidence Universal Declaration of Judicial Standards applicable in all
of identity"? judiciaries. As such, it was adopted by the Supreme Court
as its Code of Judicial Conduct, in solidarity with the other
A: (C) Voters ID, NBI clearance, Drivers license.(2013 Bar jurisdictions in the world. (2009 Bar Question)
Question)
The six (6) canons under the New Code of Judicial Conduct
b. Sanctions: for the Philippine Judiciary
1. The Executive Judge shall cause the
prosecution of any person who: 1. Independence
i. knowingly acts or impersonates 2. Integrity
a notary public; 3. Impartiality
ii. knowingly obtains, conceals, 4. Propriety
defaces, or destroys the seal, 5. Equality
notarial register, or official 6. Competence and Diligence
records of a notary public, and Independence pre-requisite for the rule of law and
iii. knowingly solicits, coerces, or in fundamental guarantee of a fair trial (Canon 1).
any way influences a notary
public to commit official Covers individual and institutional independence
misconduct. of judges and the judiciary.
The Executive Judge concerned shall submit semestral Sec. 1 judges shall exercise functions on the basis
reports to the Supreme Court on discipline and prosecution of facts and law, independently, free from
of notaries public. influence from any quarter.
o Go vs. CA, 206 SCRA 165 public opinion
G. CANONS OF PROFESSIONAL ETHICS o Ramirez v. Corpuz-Macandog, 144 SCRA
462 public official
The Canons of Professional Ethics (CPE) were
o Sec. 2 judges shall be independent from
framed by the American Bar Association in 1908 and
judicial colleagues.
were adopted in the Philippines in 1917 and
subsequently revised in 1946. It is one of the sources
o Sec. 3 - judges shall refrain from
or the main basis of our legal ethics at the present influencing another court or
which is the Code of Professional Responsibility (CPR). administrative agency.
While the CPE is superseded by the CPR, the CPE
continues to be an invaluable source of knowledge and
understanding of legal ethics. Sabitsana v. Villamor, 202 SCRA 405 pressuring
MTC judge
Note: Most of the provisions of the Code of o Sec. 4 - judicial prestige should not be
Professional Ethics are incorporated in the Code of used to advance private interests of
Professional Responsibility. others.
o Sec. 1 judges conduct should not only (b) The judge has previously served as
be above reproach but perceived to be a lawyer or was a material witness
above reproach. in the matter in controversy.
(c) The judge or member of his family
In the judiciary, moral integrity is has an economic interest in the
more than a cardinal virtue. It is a outcome of the matter in
necessity. (Fernandez v. Hamoy, 436 SCRA controversy.
186) (d) The judge served as executor,
administrator, guardian, trustee or
Ignorance of the law is a mark of lawyer in the matter in controversy,
incompetence, and where the law or a former associate of the judge
served as counsel during their
involved is elementary, ignorance thereof
association, or the judge or lawyer
is considered an indication of lack of was a material witness therein.
integrity (Macalintal v. Teh, 280 SCRA (e) The judges ruling in a lower court
623) is the subject of review.
Sandoval v. CA, 260 SCRA
o Sec. 2 - conduct of judges must reaffirm 283 partial participation
peoples faith in the integrity of the (f) The judge is related by
judiciary. consanguinity or affinity to a party
litigant within the sixth civil degree
o Sec. 3 - judges should take appropriate or to counsel within the fourth civil
disciplinary measures against lawyers degree.
and court personnel. Villaluz v. Mijares, 288 SCRA
594 petitioner is judges
Impartiality essential to the proper discharge of the daughter
judicial office. (Canon 3)
o Sec. 1 Judges shall perform duties without Q: True or False: A companion or employee of the judge
favor, bias or prejudice. who lives in the judges household is included in the
definition of the "judges family."
o Sec. 2 - Judges should ensure that their
conduct maintains and enhances the A: True. A judges family includes the spouse, son, daughter,
confidence of the public in the impartiality of son in law, daughter in law and any other relative by
the judge and the judiciary. consanguinity or affinity within the sixth civil degree, or a
person who is a companion or employee of the judge and
Pimentel v. Salanga, 21 SCRA 160 who lives in his household. (2009 Bar Question)
peoples faith in the judiciary
(g) The judge knows that his or her
Parayno v. Meneses, 231 SCRA 807 spouse or child has a financial
duty to sit interest as heir, legatee, creditor,
fiduciary, or otherwise, in the
subject matter in controversy, or in
o Sec. 3 Judges shall conduct themselves so as a party to the proceeding, or any
to minimize occasions in which it will be other interest that could be
necessary for them to be disqualified from substantially affected by the
hearing or deciding a case. outcome of the proceedings.
o Sec. 4 Judges shall not make any comment o Sec. 6. If the parties and lawyer, independently of
might be expected to influence the outcome the judges participation, all agree in writing that
of the proceeding before him. the reason for the inhibition is immaterial or
unsubstantial, the judge may then participate in the
o Sec. 5 Judges shall disqualify themselves in proceedings. The agreement, signed by all the
any proceedings in which they are unable to parties and lawyers, shall be incorporated in the
decide the matter impartially or in which it record of the proceedings.
may appear to a reasonable observer that
they are unable to decide the matter Remittal of disqualification Code of Judicial
impartially. (Ref. Sec. 1, Rule 137, Rules of conduct
Court)
(a) The judge has actual bias or Propriety essential to all activities of a judge. (Canon 4)
prejudice concerning a party or
personal knowledge of disputed o Sec. 1 Judges shall avoid impropriety and
evidentiary facts. appearance of impropriety in all their activities.
a. Acts not per se improper can be perceived
by the larger community as such.
b. Judge who heard case while on vacation otherwise interfere with the performance of
and dressed only in a polo shirt (Liwanag judicial duties.
v. Lusre, A.M> MTJ-08-98-1168, April 21,
1999); tasteless jokes in a wedding In re Designation of Judge Rodolfo Manzano,
ceremony (Hadap v. Lee, 114 SCRA 559). AM 88-7-861-RTC consitutional prohibition
o Sec. 2 - Judges must accept personal restrictions against designation of judges to agencies
that might be viewed as burdensome by ordinary performing quasi-judicial or administrative
citizens, and in particular conduct themselves in a
functions.
way that is consistent with the dignity of the judicial
office. o Sec. 11 - Judges shall not practice law while the
o Sec. 3 In their relations with lawyers who holder of judicial office.
practice regularly before their courts, judges
shall avoid situations giving rise to suspicions or MTC judges as notaries public ex officio, may
appearance of favoritism or partiality. not notarize private documenrts, except (1) when
o Sec. 4 A judge shall not participate in
no lawyers available in the municipality, and (2)
determination of a case in which any member
of their family represents a litigant or is in any notarial feees are paid to the governments
manner associated with the case. account.
o Sec. 5 - A judge shall not allow the use of his
residence by members of the legal profession o Sec. 12 Judges may form or join associations of
to receive clients of the latter or of other judges or participate in other organization
members of the legal profession. representing the interests of judges.
o Sec. 6 In exercising freedom of expression, o Sec. 13 Judges and members of their families
belief, association and assembly, judges shall shall neither ask for nor accept any gift, bequest,
conduct themselves in such a manner as to loan or favor in relation to anything done or to be
preserve the dignity, impartiality and done or entitled to be done by him in connection
independence of the judicial office. with the performance of his judicial duties.
o Sec. 14. Judges shall not knowingly permit court
Macias v. Arula, 115 SCRA 135 participating in a staff or others subject to their influence, direction
political rally or authority, to ask for or accept any gift, bequest,
In re Judge Acua, 464 SCRA 250 use of expletives loan or favor in relation to anything done or to be
done or entitled to be done in connection with
their duties and functions.
o Sec. 7 Judges shall inform themselves about their o Sec. 15. Subject to law and to any local
personal fiduciary and financial interests and those requirements of public disclosure, judges may
of the members of their family. receive a token gift, award or benefit as
o Sec. 8 Judges shall not use or lend the prestige of appropriate to the occasion on which it is made,
the judicial office to advance their private interests provided that such gift, award or benefit might not
or those of a member of their family, or any one be reasonably perceived as intended to influence
else. the judge in the performance of official duties or
otherwise give rise to an appearance of partiality.
Vistan v. Nicolas, 201 SCR 524 filed
Gifts from foreign sources governed by Sec. 7 (d) of
complaint for estafa in his own sala and assisted in
R.A. 6713.
issuance of warrant of arrest.
Dionisio v. Escao, 302 SCRA 411 posting Equality - essential to the due performance of judicial
notices for family restaurnt business in court duties. (Canon 5)
bulletin board
o Sec. 1 Judges shall be aware of and understand
Q: A retired member of the Judiciary is now engaged in diversity in society and differences arising from
private practice. In attending hearings, he uses his car various sources.
bearing his protocol plate which was issued to him while a. Awareness of international instruments
still in the service. Pass on the ethical aspect of the judges concerning equality of humn beings, and
use of the protocol plate. rights of women and children.
b. Gender and Development Mainstreaming
A: The judges use of his protocol plate after his retirement Plan for the Philippine Judicial System
is unethical. He is no longer entitled to use such plate after adopted on December 9, 2003.
his retirement. As a practicing lawyer, he should not engage c. Judges should avoid first impressions,
in unlawful, immoral or deceitful conduct. His continued hasty conclusions and prejudgments.
use of such plate is dishonest conduct. (2010 Bar Question)
o Sec. 2 Judges shall not in performance of judicial
o Sec. 9 Confidential information acquired by a duties manifest bias or prejudice on irrelevant
judges in their official capacity shall not be used for grounds.
any other purpose related to their judicial duties.
o Sec. 10 Judges may engage in activities that do
not detract from the dignity of the judicial office or
o Sec.3 - Judges shall carry out judicial duties with obligations of his office. The robe is a part of the judges
appropriate consideration for all persons, without appearance and is as important as the gavel. The
differentiation on any irrelevant ground. Supreme Court added that while circumstances, such
as a medical condition claimed by the respondent
o Sec. 4. Judges shall not permit court staff to judge, may exempt one from complying with A.C. no.
differentiate between persons concerned in a 25, he must first secure the Courts permission for such
matter before the judge on any irrelevant ground. exemption. He cannot simply excuse himself, like
respondent judge, from complying with the
o Sec. 5 Judges shall require lawyers in proceedings requirement. (2009 Bar Question)
before the court to refrain from manifesting bias
or prejudice based on irrelevant grounds. Liabilities
Competence and diligence prerequisite to the due Q: Reacting to newspaper articles and verbal complaints
performance of judicial duties. (Canon 6) on alleged rampant sale of Temporary Restraining Orders
by Judge X, the Supreme Court ordered the conduct of a
o Sec. 1 Judicial duties of a judge shall take discreet investigation by the Office of the Court
precedence over all other activities. Administrator. Judges in the place where Judge X is
o Sec. 2 Judges shall devote their professional assigned confirmed the complaints. What administrative
activity to judicial duties, which include other tasks charge/s may be leveled against Judge X? Explain.
relevant to the judicial office or the courts
A: He could be charged with gross misconduct, arising from
operations.
violations of the Anti-Graft and Corrupt Practices Act. He
o Sec. 3 Judges shall take reasonable steps to
could also be charged with violations of Canon 4 of the New
maintain and enhance their knowledge, skill and
Code of Judicial Conduct for the Philippine Judiciary which
personal qualities for the proper performance of
provides that judges and members of their families shall
judicial duties.
neither ask for, nor accept, any gift, bequest, loan or favor
o Sec. 4 Judges shall keep themselves informed
in relation to anything done or to be done or omitted to be
about relevant developments of international law,
done by him or her inj connection with the performance of
including international conventions and other
judicial duties. (2010 Bar Question)
instruments establishing human rights norms.
o Sec. 7 Judges shall not engage in conduct If instead of ventilating his opinion before the private
incompatible with the diligent discharge of judicial organization, Judge X incorporated it, as an obiter dictum,
duties. in one of his decisions, did he incur any administrative
liability? Explain.
Financial Activities
Q: Judges of the first and second level courts are allowed Discipline of Members of the Supreme Court
to receive assistance from the local government units
where they are stationed. The assistance could be in the Impeachment
form of equipment or allowance. Justices at the Court of
Appeals in the regional stations in the Visayas and It is a constitutional process of removing public servants
Mindanao are not necessarily residents there, hence, they from office as an assurance against abusive officials in the
incur additional expenses for their accommodations. Pass country (Impeachment Primer, Official Gazette, 2012).
on the propriety of the Justices receipt of
Object of impeachment
assistance/allowance from the local governments.
A: In Dadole v. COA and Leynes v. COA, the SC upheld the The object of impeachment is solely to determine whether
grant of allowances by LGUs to judges, prosecutors, public or not the official is worthy of the trust conferred upon
elementary and high school teachers and other national him/her. It is not determination of criminal guilt or
government officials assigned in such locality pursuant to innocence as in criminal case (Ibid.).
the Local
Grounds for Impeachment
Government Code. The SC held that to rule against the
power of the LGUs will subvert the principle of local 1. Treason
autonomy zealously granted by the constitution. Hence, it 2. Bribery
is not improper for judges to receive allowances. (2010 Bar 3. Other High Crimes
Question) 4. Graft and Corruption
5. Betrayal of Public Trust (Sec. 2 Art. XI, 1987
Q: On the proposal of Judge G, which was accepted, he and Constitution)
his family donated a lot to the city of Gyoza on the
condition that a public transport terminal would be
constructed thereon. The donation was accepted and the Procedure:
condition was complied with. The family-owned tracts of
land in the vicinity of the donated lot suddenly b. A verified complaint for impeachment may be filed
appreciated in value and became commercially viable as by any member of the House of Representatives or
in fact a restaurant and a hotel were soon after built. Did by any citizen upon a resolution of endorsement
the Judge commit any violation of the Code of Judicial by any member thereof.
Conduct? c. The complaint is referred to the proper
committee, and after hearing and a majority vote
A: In Salunday v. Labitoria, the SC held that the act of Justice of it member, the committee shall submit its
Labitoria of recommending the construction of the Hall of report to the House.
Justice in a parcel of land close to a hotel owned by a d. A vote of at least one-third of all the members of
corporation which his wife is a stockholder was not the house shall be necessary either to affirm a
improper because there is no clear indication that in favorable resolution of the committee with the
recommending such, the respondent was impelled by a articles of impeachment, or override its contrary
desire to benefit financially. In the instant case, it seems resolution.
clear that the judge and his family is motivated by and e. The Senate shall have the sole power to try and
anticipated increase in the value of the property. He is then decide all cases of impeachment while sitting for
liable for violation Canon 4 of the New Code of Judicial that purpose.
Conduct which provides that judges shall not use the f. No person shall be convicted without the
prestige of the judicial office to advance their private concurrence of two thirds of all the members of
interests or those members of their families or anyone else the Senate.
nor convey the impression that they are in a position to
influence them in a performance of official duty. (2010 Bar Judgment in cases of impeachment shall not extend further
Question) than removal from office and disqualification to hold any
office under the Republic of the Philippines. But the party
convicted shall be liable and subject to prosecution, trial
and punishment according to law. (Secs. 2, 3, 6 and 7,
Article XI, 1987 Constitution)
Q: Is the Law on Secrecy of Foreign Currency Deposit Note: While providing guaranty for that right, the
Account (FCDA) a defense in failing to include a dollar Constitution also provides that the peoples right
deposit in a SALN? to know is limited to matters of public concern
A: No. The issue is not the conflict between the FCDA and is further subject to such limitations as may be
requiring secrecy of foreign currency deposits and the provided by law.
disclosure required by the SALN law, but the Constitution Custodians of public documents must not concern
which requires public officials to declare their assets and themselves with the motives, reasons and objects
does not distinguish between peso and foreign accounts of the persons seeking access to the records. While
(Senator Judge Pangilinan).
public officers in the custody or control of public
The Supreme Court in one case said that the FCDA cannot records have the discretion to regulate the manner
be used as a haven for the corrupt and the criminals. To in which records may be inspected, examined or
interpret it in the manner that the Chief Justice would want copied by interested persons, such discretion does
is to say that the law could be used as a haven to hide not carry with it the authority to prohibit access,
proceeds of criminal acts. (Senator Judge Drilon) inspection, examination, or copying of the records.
Ethical Lessons from Former Chief Justice Coronas Canons 3 and 4 of the new Code of Judicial
Impeachment: Conduct mandate, respectively, that judges shall
ensure that not only is their conduct above
The Senate, sitting as an impeachment court, reproach, but that it is perceived to be so in the
found former Chief Justice Corona guilty of the view of the reasonable observer and that judges
failure to disclose to the public his statement of shall avoid improprieties and the appearance of
assets, liabilities, and net worth as required under impropriety in all of their activities. These very
sec. 17, Art. XI of the 1987 Constitution, by a vote stringent standards of decorum are demanded of
of 20-3. all magistrates and employees of the courts. As
Note: It is the "obligation" of an employee to such, those who serve in the judiciary, particularly
submit a sworn statement, as the "public has a justices and judges, must not only know the law
right to know" the employee's assets, liabilities, but must also possess the highest degree of
net worth and financial and business interests. integrity and probity, and an unquestionable
Hence, a court interpreter who failed to include in moral uprightness both in their public and private
her SALN rental payments she received from a lives (Veloso vs. Caminade, A.M. No. RTJ- 01-
market stall was dismissed from service (Rabe v. 1655, July 8, 2004)
Flores, A.M. No. P-97-1247, May 14, 1997). The In the Judiciary, moral integrity is more than a
Senator judges ruled that the law applies to all, cardinal virtue, it is a necessity. The exacting
including the Chief Justice of the Philippines, thus, standards of conduct demanded from judges are
his failure to include his dollar accounts in his SALN designed to promote public confidence in the
warrants his impeachment from office. integrity and impartiality of the judiciary.
Mandate upon the Chief Justice to disclose his The integrity of the Judiciary rests not only upon
Statement of Assets and Liabilities (SALN): the fact that it is able to administer justice, but also
1. 1987 Constitution - A public officer or employee upon the perception and confidence of the
shall, upon assumption of office submit a community that the people who run the system
declaration under oath of his assets, liabilities, and have administered justice. In order to create such
net worth. This includes members of the Supreme confidence, the people who run the judiciary,
Court among others. particularly judges and justices, must not only be
2. R.A. 6713 - Section 8. Statements and Disclosure. proficient in both the substantive and procedural
Public officials and employees have an obligation aspects of the law, but more importantly, they
to accomplish and submit declarations under oath must possess the highest integrity, probity, and
of, and the public has the right to know, their unquestionable moral uprightness, both in their
assets, liabilities, net worth and financial and public and in their private lives. Only then can the
business interests including those of their spouses people be reassured that the wheels of justice in
and of unmarried children under eighteen (18) this country run with fairness and equity, thus
years of age living in their households. creating confidence in the judicial system. (Tan vs.
The basis of the publics right to inquire upon the Pacuribot, A.M. No. RTJ-06-1982, December 14,
statement of assets and liabilities or public officers 2007).
rests upon the postulate of public office is a public
trust, which is institutionalized in the Constitution Ethical Aspect of Impeachment
to protect the people from abuse of governmental
Public officers and employees must at all times be
power. accountable to the people, serve them with
1986). The application of the res ipsa loquitor rule in the expressly prohibits him and strikes at the judges authority
removal of judges is assailed in various quarters as to hear and decide the case.
inconsistent with due process and fair play. Is there any
basis for such a reaction? Explain. Exception to the aforementioned grounds: If despite the
parties knowledge of the disqualification gave their written
A:
consent that the otherwise disqualified judge would hear
1. First view - there is a basis for the reaction against and decide their case.
the res ipsa loquitor rule on removing judges.
According to the position taken by the Philippine Bar Voluntary Inhibition according to the Rules of Court states
Association, the res ipsa loquitor rule might violate the that a judge through the exercise of sound discretion may,
principle of due process that is the right to be heard for just or valid reasons to inhibit himself.
before one is condemned.
Note: A presiding judge must maintain and preserve the
Moreover, Rule 140 of the Rules of Court provides for
trust and faith of the parties-litigants. He must hold himself
the procedure for the removal of judges. Upon service
of the complaint against him, he is entitled to file an above reproach and suspicion. At the very sign of lack of
answer. If the answer merits a hearing, it is referred to faith and trust in his actions, whether well-grounded or not,
a justice of the Court of Appeals for investigation, the the judge has no other alternative but to inhibit himself
report of the investigation is submitted to the Supreme from the case (Gutang v. Court of Appeals, 292 SCRA 76).
Court for proper disposition.
Q: In a case for homicide filed before the Regional Trial
The danger in applying the res ipsa loquitor rule is that
Court (RTC), Presiding Judge Quintero issued an order for
the judge may have committed only an error of
the arrest of the accused, granted a motion for the
judgment. His outright dismissal does violence to the
reduction of bail, and set the date for the arraignment of
jurisprudence set in. (In Re Horilleno, 43 Phil. 212,
the accused. Subsequently, Judge Quintero inhibited
March 20, 1922)
himself from the case, alleging that even before the case
2. Second view- According to the Supreme Court the was raffled to his court, he already had personal
lawyer or a judge can be suspended or dismissed based knowledge of the circumstances surrounding the case. Is
on his activities or decision, as long as he has been Judge Quinteros inhibition justified? Explain.
given an opportunity to explain his side. No
investigation is necessary. A: Judge Quinteros inhibition is justified. One of the
grounds for inhibition under Section 5, Canon 3 of the New
Code of Judicial Conduct for the Philippine Judiciary is
Quantum of evidence required where a judge has actual bias or prejudice concerning a
party or personal knowledge of disputed evidentiary facts
The ground for removal of a judicial officer should be concerning the proceedings. (2009 Bar Question)
established beyond reasonable doubt. Such is the rule
where the charge on which the removal is sought is Q: Rebeccas complaint was raffled to the sala of Judge A.
misconduct in office, willful neglect, corruption or Rebecca is a daughter of Judge As wife by a previous
incompetence. The general rules in regard to admissibility marriage. This is known to the defendant who does not,
however, file a motion to inhibit the Judge. Is the Judge
of evidence in criminal trials apply.
justified in not inhibiting himself from the case?
Disqualification of Justice and Judges (Rule 137) A: The Judge is not justified in not inhibiting himself. It is
mandatory for him to inhibit as he is related to any of the
Mandatory or compulsory instances that a judge may be parties by consanguinity or affinity within the sixth civil
disqualified: degree. Judge A, being the stepfather of Rebecca, is related
to her by affinity of just one degree. Judges shall disqualify
1. The judge, or his wife, or child is pecuniarily interested themselves from participating in any proceeding in which
as heir, legatee, creditor or otherwise they are unable to decide the matter impartially or in which
2. The judge is related to either party of the case within it may appear to a reasonable observer that they are unable
the sixth degree of consanguinity or affinity, or to the to decide the matter impartially. (2010 Bar Question)
counsel within the fourth degree (computed according
to the rule of civil law) Powers and Duties of Courts and Judicial Officers (Rule
3. The judge has been an executor, administrator, 135)
guardian, trustee or counsel
4. The judge has presided in any inferior court when his GR: Courts of justice shall always be open; Justice to be
ruling or decision is the subject of review (Section 1 of promptly and impartially administered.
Rule 317)
XPN: Legal holidays
Rationale: there is a conclusive presumption that the judge
cannot objectively or impartially try the case. The law Requirement of public hearing:
XPN: When the evidence to be adduced is of such nature as morning or afternoon session, all the notes he has taken, to
to require their exclusion in the interest of morality or be attached to the record of the case.(Sec. 17, Rule 136,
decency. Rules of Court)
Note: all trials on merits shall be conducted in open court Note: Transcript of notes delivered to the clerk, must be
or regular court room. duly initialed on each page, to be attached to the record of
the case.
Availability to the public of court records:
Legal Fees (RULE 141, A.M. NO. 04-2-04-SC)
GR: The records of every court of justice shall be public
records and shall be available for the inspection of any Payment should be made upon filing of the
interested person, at all proper business hours, under the pleading or other application and the prescribed fee to be
supervision of the clerk having custody of such records. paid in full upon filing of said same. If the fees are not paid,
the Court may refuse to proceed with the action until they
XPN: Unless the court shall, in any special case, have are paid and may dismiss the action or proceeding.
forbidden their publicity, in the interest of morality or
decency. Fees in Lien
Enforceability of inferior courts processes: If the Court awards claim not alleged or more than
that claimed, the amount shall be considered fees in lien
GR: Within the province where the municipality or city lies. and the party concerned shall pay the additional fees which
shall constitute a lien on the judgment in the satisfaction of
XPN: the approval of judge of Regional Trial Court of the
said lien.
province where it would be enforced.
Persons authorized to collect legal fees (list exclusive):
Court Records and General Duties of Clerks and
Stenographer (Rule 136) 1. Clerks of the Supreme Court, Court of Appeals,
Sandiganbayan and Court of Tax Appeals
Records kept by the clerk: 2. Clerks of Regional Trial Courts
3. Clerks of Court of the First Level Courts
1. General Docket 4. Sheriffs, process servers and other persons serving
2. Judgment and Entries Book processes
5. Notaries
3. Execution Book 6. Other officers taking depositions
Note: records may not be taken from the clerks office Note: The persons herein authorized to collect legal fees
except by order of the court. However, the Solicitor General shall be accountable officers and shall be required to post
or any of his assistants, the provincial fiscal or his deputy, bond in such amount as prescribed by the law.
and the attorneys de officio shall be permitted, upon proper
receipt, to withdraw from the clerks office the record of Exempt from payment of Legal Fees:
any case in which they are interested.
Indigent litigants - the legal fees shall be a
Duties of clerks in general: lien on any judgment rendered in the case
favorable to the indigent litigant unless the court
1. The clerk shall safely keep all records, papers, files, otherwise provides.
exhibits and public property committed to his charge, Republic of the Philippines but does not
including the library of the court, and the seal and include local governments and government-
furniture belonging to his office (Sec. 7, Rule 136, Rules
owned or controlled corporations with or without
of Court);
2. Demand that the stenographer deliver notes of the independent charters.
session of the court to him immediately after each
Costs (Rule 142)
session (Sec. 17, Rule 136, Rules of Court).
Furthermore, in the absence of the judge, the clerk may:
Recovery of Costs
Costs shall be allowed to a prevailing party as a matter of
1. Perform all the duties of the judge in receiving
course. However, the court shall have power, for special
applications, petitions, inventories, reports;
reasons, to adjudge that either party shall pay the costs of
2. Issue orders and notices(Sec. 5, Rule 136, Rules of
an action, or that the same be divided, as may be equitable
Court)
Duty of stenographer: Note: costs cannot be adjudged against the Republic of the
Philippines.
It shall be the duty of the stenographer to deliver
to the clerk of court, immediately at the close of such
Frivolous Appeal
Double or Treble Costs shall be imposed on the
plaintiff or appellant, which shall be paid by his attorney, if
so ordered by the Court
False Allegations
Non-appearance of Witnesses