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San Beda College of Law

1
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

I. LEGAL ETHICS

PRELIMINARY MATTERS 1. Habituality- implies customarily


or habitually holding oneself out
Legal Ethics – branch of moral science to the public as a lawyer
which treats of the duties which an 2. Compensation- implies that one
attorney owes to the court, to his client, must have presented himself to
to his colleagues in the profession and to be in the active practice and
the public. that his professional services are
- It is the embodiment of all available to the public for
principles of morality and refinement compensation, as a source of his
that should govern the conduct of every livelihood or in consideration of
member of the bar. his said services.
3. A p p l i c a t i o n o f l a w, l e g a l
PRIMARY CHARACTERISTICS WHICH principle, practice, or
DISTINGUISH THE LEGAL PROFESSION procedure which calls for legal
FROM BUSINESS knowledge, training and
1. A duty of public service experience
2. A relation, as an “officer of the 4. Attorney – client relationship
court”, to the administration of
justice involving thorough PRIVATE PRACTICE
sincerity, integrity and reliability Private practice is more than an
3. A relation to clients with the isolated appearance for it consists of
highest degree of fiduciary frequent or customary actions, a
4. A relation to the colleagues at succession of acts of the same kind.
the bar characterized by candor,
fairness and unwillingness to ✍ NOTE: An isolated appearance does
resort to current business not amount to practice of law of a public
methods of advertising and officer if allowed by his superior in
encroachment on their practice, exceptional cases.
or dealing directly with their
clients. NOTE: The practice of law is not a
natural, property or constitutional right
PRACTICE OF LAW but a mere privilege. It is not a right
granted to any one who demands it but a
✍ CASE: Any activity in or out of court privilege to be extended or withheld in
which requires the application of law, the exercise of sound judicial discretion.
legal principle, practice or procedure It is in the nature of a franchise
and calls for legal knowledge, training conferred only for merit which must be
and experience. (Cayetano vs Monsod, earned by hard study, learning and good
201 SCRA 210) conduct. It is a privilege accorded only
Strictly speaking, the word to those who measure up to certain rigid
practice of law implies the customary or standards of mental and moral fitness.
habitual holding of oneself to the public Those standards are neither dispensed
as a lawyer and demanding with nor lowered after admission. The
compensation for his services. [People attorney’s continued enjoyment of the
vs. Villanueva 14 SCRA 111] privilege conferred depends upon his
complying with the ethics and rules of
333the profession.
But practice of law is in the
nature of a right. While the practice of
law is a privilege, a lawyer cannot be
ESSENTIAL CRITERIA prevented from practicing law except for
DETERMINATIVE OF ENGAGING IN valid reasons, the practice of law not
being a matter of state’s grace or favor.
THE PRACTICE OF LAW: (HACA)

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
2 2005 CENTRALIZED BAR OPERATIONS

He holds office during good behavior and On the other hand, the
can only be deprived of it for misconduct LEGISLATURE, in the exercise of its
ascertained and declared by judgment of POLICE POWER may, however, enact laws
the Supreme Court after opportunity to regulating the practice of law to protect
be heard has been afforded him. The the public and promote the public
state cannot exclude an attorney from welfare. But the legislature MAY NOT
the practice of law in a manner or for pass a law that will control the SC in the
reasons that contravene the due process performance of its function to decide
or equal protection clause of the who may enjoy the privilege of
Constitution. practicing law and any law of that kind is
unconstitutional as an invalid exercise of
POWER TO REGULATE THE PRACTICE OF legislative power.
LAW

✍ CASES: The Constitution [Art. VIII, WHO MAY PRACTICE LAW?


Sec. 5(5)] vests this power of control and
regulation in the Supreme Court. The Any person heretofore duly
constitutional power to admit candidates admitted as a member of the bar, or
to the legal profession is a judicial hereafter admitted as such in
function and involves the exercise of accordance with the provisions of this
discretion. Petition to that end is filed rule, and who is in good and regular
with the Supreme Court as are other standing, is entitled to practice law.
proceedings invoking judicial function [In [Sec. 1, Rule 138]
re: Almacen 31 SCRA 562]
The SC acts through a Bar
Examination Committee in the exercise REQUIREMENTS BEFORE A
of its judicial function to admit CANDIDATE CAN ENGAGE IN THE
candidates to the legal profession. Thus,
the Committee is composed of a member
PRACTICE OF LAW
I. He must have been admitted to the
of the Court who acts as Chairman and 8
Bar
members of the bar who acts as
a. Furnishing satisfactory proof of
examiners in the 8 bar subjects with one
educational, moral and other
subject assigned to each. [In re Lanuevo,
qualification;
66 SCRA 245]
b. Passing the bar
The power of the SC to regulate the
c. Taking the Lawyer’s Oath before
practice of law includes the authority to:
the SC
1. Define the term
A lawyer’s oath signifies that
2. Prescribe the qualifications of a
the lawyer in taking such an oath
candidate to and the subjects of
accepts and affirms his ethical
the bar examinations
obligations in the performance
3. Decide who will be admitted to
of his duties as a lawyer and
practice
signifies likewise his awareness
4. Discipline, suspend or disbar any
of his responsibilities that he
unfit and unworthy member of
the bar assumes by his admission to the
legal profession.
5. Reinstate any disbarred or
d. Signing the Attorney’s Roll and
indefinitely suspended attorney
receiving from the Clerk of Court
6. Ordain the integration of the
of the SC a Certificate of the
Philippine Bar
license to practice
7. Punish for contempt any person
II. After his admission to the bar, a
for unauthorized practice of law
lawyer must remain in good and regular
8. Exercise overall supervision of
standing, which is a continuing
the legal profession
requirement for the practice of law. He
9. Exercise any other power as may
must:
be necessary to elevate the
a. Remain a member of the IBP
standards of the bar and
(membership therein by every
preserve its integrity.
attorney is made compulsory);

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
3
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

b. Regularly pay all IBP membership MAY A NON-LAWYER APPEAR IN COURT?


dues and other lawful ☑General Rule: Only those who are
assessments, as well as the licensed to practice law can appear and
annual privilege tax; handle cases in court.
c. Faithfully observe the rules and
ethics of the legal profession; ☑Exceptions:
and 1. Before the MTC - a party may
d. Be continually subject to judicial conduct his case or litigation in
disciplinary control. person with the aid of an
agent or friend appointed by him.
[Sec. 34, Rule 138]
BASIC REQUIREMENTS FOR 2. Before any court – a party may
ADMISSION TO THE BAR conduct his litigation personally. But
Under Section 2, 5 and 6, Rule 138, the he gets someone to aid him and that
applicant must be: someone must be an authorized
1. Citizen of the Philippines; member of the Bar [Sec. 34, Rule
2. At least 21 years of age; 138]. He is bound by the same rules
3. Of good moral character; in conducting the trial of his case.
(Note: This is a continuing He cannot, after judgment, claim
requirement.) that he was not properly
4. Resident of the Philippines; represented.
5. Must produce before the SC 3. In a criminal case before the MTC –
satisfactory evidence of good in a locality where a duly licensed
moral character; member of the Bar is not available,
6. No charges against him, involving the judge may appoint a non-lawyer
moral turpitude, have been filed who is a resident of that province, of
or are pending in any court in good repute for probity and ability
the Phil. [Sec. 2, Rule 138]; to the accused in his defense. [Sec.
7. Must have complied with the 7, Rule 116]
academic requirements; 4. Student Practice Rule - A law
8. Pass the bar examinations. student who has successfully
completed his 3rd year of the regular
Moral Turpitude – imports an act of 4-year prescribed law curriculum and
baseness, vileness or depravity in the is enrolled in a recognized law
duties which one person owes to another school’s clinical legal education
or to society in general which is contrary program approved by the SC – may
to the usually accepted and customary appear without compensation in any
rule of right and duty which a person civil, criminal or administrative case
should follow. before any trial court, tribunal,
board or officer, to represent
ACADEMIC REQUIREMENTS FOR THE indigent clients accepted by the
CANDIDATES Legal Clinic of the school. [Sec. 1,
1. Must have already earned a Rule 138-A] The student shall be
Bachelor’s Degree in Arts or under the direct supervision and
Sciences (Pre-law) control of a member of the IBP duly
2. Law Course – completed courses accredited by the law school. [Sec.
in Civil Law, Commercial Law, 2]
Remedial Law, Criminal Law, 5. Under the Labor Code – non-lawyers
Public and International Law, may appear before the NLRC or any
Political Law, Labor and Social Labor Arbiter if they (a) represent
Legislation, Medical themselves; (b) represent their
Jurisprudence, Taxation, Legal organization or members thereof
Ethics. [Sec. 5 and 6, Rule 138] [Art. 222, PD 442]
6. A non-lawyer may represent a
claimant before the Cadastral Court
[Sec. 9, Act. No. 2259]
APPEARANCE OF NON-LAWYER IN 7. Any person appointed to appear for
COURT the government of the Philippines in

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
4 2005 CENTRALIZED BAR OPERATIONS

accordance with law [Sec. 33, Rule 1. Nature of the privilege and on the
138] confidential and trust relation
between attorney and client.
LIMITATIONS ON APPEARANCE OF NON- 2. A corporation cannot perform the
LAWYERS BEFORE THE COURTS conditions required for membership
1. He should confine his work to in the bar, such as the possession of
non-adversary contentions. He good moral character and other
should not undertake purely special disqualifications, the taking
legal work, such as the of an oath and becoming an officer
examination or cross- of the court, subject to its
examination of witnesses, or the discipline, suspension or removal.
presentation of evidence. 3. The relation of trust and confidence
2. Services should not be habitually cannot arise where the attorney is
rendered. employed by a corporation to
3. Should not charge or collect practice for it, his employer and he
attorney’s fees. [PAFLU vs. owing, at best, a secondary and
Binalbagan Isabela Sugar Co. 42 divided loyalty to the clientele of
SCRA 302] his corporate employer.
4. The intervention of the corporation
RIGHT OF PARTY TO REPRESENT is destructive of that confidential
HIMSELF and trust relation and is obnoxious
Civil Cases: An individual litigant has the to the law.
right to conduct his litigation personally.
Criminal Cases: Involving grave and less PERSONS AUTHORIZED TO REPRESENT
grave offenses, an accused who is a THE GOVERNMENT
layman must always appear by counsel; Any official or other person
he CANNOT conduct his own defense, as appointed or designated in accordance
his right to counsel may NOT be waived with law to appear for the government
without violating his right to due process of the Philippines or any of its officials
of law. shall have all the rights of a duly
By a Juridical Person: A juridical person authorized member of the bar to appear
must always appear in court by a duly in any case in which the government has
licensed member of the bar, except in an interest, direct or indirect, or in
the municipal trial court where it may which such official is charged in his
be represented by its agent or officer official capacity.
who need not be a lawyer.
RULES ON PUBLIC OFFICIALS
PARTNERSHIP WITH NON-LAWYERS VOID REGARDING PRACTICE OF LAW
In the formation of partnership for
the practice of law, no person should be PUBLIC OFFICIALS WHO CANNOT
admitted or held out as a practitioner or PRACTICE LAW IN THE PHILIPPINES
member who is not a member of the 1. Judges and other officials or
legal profession duly authorized to employees of the superior court
practice, and amenable to professional 2. Officials and employees of the
discipline. Office of the Solicitor General
3. Government Prosecutors
PRACTICE BY CORPORATION 4. Pr e s i d e n t , V i c e - Pr e s i d e n t ,
It is well settled that a members of the Cabinet, their
corporation CANNOT engage in the deputies and assistants
practice of law. It may, however, hire an 5. Chairmen and members of the
attorney to attend to and conduct its Constitutional Commissions
own legal business or affairs. But it 6. Ombudsman and his deputies
cannot practice law directly or indirectly 7. Governors, city and municipal
by employing a lawyer to practice for it mayors
or to appear for others for its benefit. 8. Those who, by special law are
Reasons: prohibited from engaging in the
practice of their legal profession

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
5
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

PUBLIC OFFICIALS WITH RESTRICTIONS proceedings involving the local


IN THE PRACTICE OF LAW government unit of which he is
1.Senators and Members of the an official. [Sec. 90, R.A. 7160]
House of Representatives 4. Use property and personnel of
2.Members of the Sanggunian the government except when the
3.Retired Justice or Judge Sanggunian member concerned is
4. C i v i l S e r v i c e o f f i c e r s o r defending the interest of the
employees without permit from government
their respective department
heads [Noriega vs. Sison 125 RESTRICTIONS IN THE PRACTICE OF
SCRA 293] LAW OF RETIRED JUSTICE/JUDGE
As a condition of the pension
RESTRICTIONS IN THE PRACTICE OF provided under R.A. 910, no retiring
LAW OF MEMBERS OF LEGISLATURE justice or judge of a court of record or
city or municipality judge during the
✍ CASES: A lawyer-member of the time that he is receiving said pension
legislature is only prohibited from shall:
appearing as counsel before any court of Appear as counsel before any court in:
justice, electoral tribunals or quasi- a. Any civil case wherein the
judicial and administrative bodies. The government or any subdivision
word “appearance” includes not only or instrumentality thereof is
arguing a case before any such body but the adverse party;
also filing a pleading on behalf of a b. Any criminal case wherein an
client as “by simply filing a formal officer or an employee of the
motion, plea or answer”. [Ramos vs. government is accused of an
Manalac 89 Phil 270] offense committed in relation
Neither can he allow his name to to his office.
appear in such pleading by itself or as 2. Collect any fees for his appearance
part of a firm name under the signature in any administrative proceedings to
of another qualified lawyer because the maintain an interest adverse to the
signature of an agent amounts to signing government, provincial or
of a non-qualified senator or municipal, or to any of its legally
congressman, the office of an attorney constituted officers [Sec 1, RA 910].
being originally of agency, and because
he will, by such act, be appearing in REMEDIES AGAINST UNAUTHORIZED
court or quasi-judicial or administrative PRACTICE (DICED)
body in violation of the constitutional 1. Petition for Injunction
restriction. “He cannot do indirectly 2. Declaratory Relief
what the Constitution prohibits 3. Contempt of Court
directly”. [In re: David 93 PHIL 461] 4. Disqualification and complaints
for disbarment
RESTRICTIONS IN THE PRACTICE OF 5. Criminal complaint for estafa
L AW O F T H E M E M B E R S O F T H E against a person who falsely
SANGGUNIAN represented to be an attorney
They shall not: to the damage of a party
1. Appear as counsel before any
court in any civil case wherein a
local government unit or any PRIVILEGES AND DUTIES OF A
office, agency or instrumentality
of the government is the adverse
LAWYER
party;
2. A p p e a r a s c o u n s e l i n a n y PRIVILEGES OF AN ATTORNEY:
criminal case wherein an officer 1. To p r a c t i c e l a w d u r i n g g o o d
or employee of the national or behavior before any judicial, quasi-
local government is accused of judicial, or administrative tribunal.
an offense committed in relation 2. The first one to sit in judgment on
to his office; every case, to set the judicial
3. C o l l e c t a n y f e e f o r t h e i r machinery in motion.
appearance in administrative

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
6 2005 CENTRALIZED BAR OPERATIONS

3. Enjoys the presumption of 3. To Counsel and maintain the


regularity in the discharge of his respect due to the courts of
duty. justice and judicial officers;
4. He is immune, in the performance 4. To Employ, for the purpose of
of his obligation to his client, from maintaining the causes confided
liability to a third person insofar as to him, such means only as are
he does not materially depart from consistent with truth and honor,
his character as a quasi-judicial and never seek to mislead the
officer. judge or any judicial officer by
5. His statements, if relevant, an artifice or false statement of
pertinent or material to the subject fact or law;
of judicial inquiry are absolutely 5. To m a i n t a i n i n v i o l a t e t h e
privileged regardless of their Confidence and at every peril to
defamatory tenor and of the himself, to preserve the secrets
presence of malice. in connection with his client and
to accept no compensation in
OTHER PRIVILEGES: connection with his client’s
First grade civil service eligibility for any business except from him or with
position in the classified service in his knowledge and approval;
the government the duties of which 6. To Abstain from all offensive
require knowledge of law. personality and to advance no
Second grade civil service eligibility for fact prejudicial to the honor and
any other government position reputation of a party or witness,
which does not prescribe unless required by the justice of
proficiency in law as a qualification. the cause with which he is
charged;
FOUR-FOLD DUTIES OF A LAWYER 7. Not to Encourage either the
1. Court- respect or defend against commencement or the
criticisms, uphold authority and continuance of an action or
dignity, obey order and processes, proceeding, or delay any man’s
assist in the administration of cause, from any corrupt motive
justice. or interest;
2. Bar- candor, fairness, courtesy and 8. Never to Reject, for any
truthfulness, avoid encroachment consideration personal to
in the business of other lawyers, himself, the cause of the
uphold the honor of the profession. defenseless or oppressed;
3. Client- entire devotion to client’s 9. In the Defense of a person
interest. accused of crime, by all fair and
4. Public- should not violate his honorable means, regardless of
responsibility to society, exemplar his personal opinion as to the
for uprighteousness, ready to guilt of the accused, to present
render legal aid, foster social every defense that the law
reforms, guardian of due process, permits to the end that no
aware of special role in the solution person may be deprived of life
of special problems and be always or liberty, but by due process of
ready to lend assistance in the law.
study and solution of social
problems. DUTY OF COUNSEL DE OFICIO
A counsel de oficio is expected
SPECIFIC DUTIES OF A LAWYER (SEC. to render effective service and to exert
20, RULE 138) [C2A2R2E2D] his best efforts on behalf of an indigent
1. To maintain Allegiance to the accused. He has as high a duty to a poor
Republic of the Philippines and litigant as to a paying client. He should
to support the Constitution and have a bigger dose of social conscience
obey the laws of the Philippines; and a little less of self-interest.
2. To observe and maintain the
Respect due to the courts of ROLE OF PRIVATE PROSECUTOR
justice and judicial officers; A private prosecutor may
intervene in the prosecution of a
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
7
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

criminal action when the offended party year and maintains a regular
is entitled to indemnity and has not place of work or business in the
waived expressly, reserved or instituted city or province where the
the civil action for damages. He may commission is to be issued
prosecute the accused up to the end of 4. Must be a member of the
the trial even in the absence of the Philippine Bar in good standing
public prosecutor if authorized by the with clearances from the Office
chief of the prosecution office or the of the Bar Confidant of the
Regional State Prosecutor subject to the Supreme Court and the
approval of the court (Sec. 5, Rule 110; Integrated Bar of the Philippines
Rules of Court dated May 1, 2002). 5. Must not have been convicted in
the first instance of any crime
involving moral turpitude (Rule
III, Section 1)
THE LAWYER’S OATH
JURISDICTION AND TERM
I, ____________, do solemnly A notary public may perform
swear that I will maintain allegiance to notarial acts in any place within the
the Republic of the Philippines; I will territorial jurisdiction of the
support its Constitution and obey the commissioning court for a period of
laws as well as the legal orders of the two (2) years commencing on the 1st
duly constituted authorities therein; I day of January of the year in which
will do no falsehood, nor consent to the the commissioning is made UNLESS
doing of any in court; I will not wittingly earlier revoked or the notary public
or willingly promote or sue any has resigned according to these Rules
groundless, false or unlawful suit, nor and the Rules of Court (Rule III,
give aid nor consent to the same; I will Section 11).
delay no man for money or malice and
will conduct myself as a lawyer POWERS AND LIMITATIONS OF NOTARIES
according to the best of my knowledge PUBLIC
and discretion with all good fidelity as POWERS
well to the courts as to my clients; and I ☞ A notary public is empowered to do
impose upon myself this voluntary the following acts: (JAOSAC)
obligation without any mental 1. Acknowledgments;
reservation or purpose of evasion. So 2. Oaths and affirmations;
help me God. 3. Jurats;
4. Signature witnessings;
5. Copy certifications; and
NOTARY PUBLIC 6. Any other act authorized by
these Rules.
A person appointed by the court ☞ A notary public is authorized to
whose duty is to attest to the certify the affixing of a signature by
genuineness of any deed or writing thumb or other mark on an
inorder to render them available as instrument or document presented
evidence of facts stated therein and who for notarization if:
is authorized by the statute to 1. The thumb or other mark is
administer various oaths. affixed in the presence of
the notary public and of two
(2) disinterested and
A.M. No. 02-8-13-SC: Rules on unaffected witnesses to the
Notarial Practice of 2004 instrument or document;
(August 1, 2004) 2. Both witnesses sign their
own names in addition to the
QUALIFICATIONS OF A NOTARY PUBLIC thumb or other mark;
1.Must be citizen of the Philippines 3. The notary public writes
2. Must be over twenty-one (21) below the thumb or other
years of age mark: “Thumb or Other Mark
3. Must be a resident in the affixed by (name of
Philippines for at least one (1) signatory by mark) in the

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
8 2005 CENTRALIZED BAR OPERATIONS

presence of (names and requiring notarization is under


addresses of witnesses) and detention.
undersigned notary public”,
and ☞ A person shall not perform a notarial
4. The notary public notarizes act if:
the signature by thumb or 1. t h e p e rson i n volve d a s
other mark through an signatory to the instrument
acknowledgment, jurat or or document-
signature witnessing. a. Is not in the notary’s
☞ A notary public is authorized to sign presence at the time of
on behalf of a person who is the notarization; and
physically unable to sign or make a b. Is not personally known
mark on an instrument or document to the notary public or
if: otherwise identified by
1.The notary public is directed the notary public
by the person unable to sign through competent
or make a mark to sign on evidence of identity as
his behalf; defined by these Rules
2.The signature of the notary (Rule IV, Section 2).
public is affixed in the 2. the certificate containing an
presence of two (2) information known or
disinterested and unaffected believed to be false; and
witnesses to the instrument 3. he shall not affix an official
or document; signature or seal on a
3.Both witnesses sign their own notarial certificate that is
names; incomplete (Rule IV, Section
4.The notary public writes below 5).
his signature: “Signature
affixed by notary in the DISQUALIFICATIONS
presence of (names and A notary public is disqualified from
addresses of person and two performing a notarial if he:
(2) witnesses)”, and 1) Is a party to the instrument or
5. The notary public notarizes document;
his signature by 2) Will receive, as a direct or
acknowledgment or jurat indirect result any commission,
(Rule IV, Section 1). fee, advantage, right, title,
interest, cash, property, or other
PROHIBITIONS consideration, except as
☑General Rule: A notary public shall not provided that is to be notarized;
perform a notarial act outside his regular 3) I s a s p o u s e , c o m m o n - l a w
place of work or business. partner, ancestor, descendant, or
☑Exceptions: A notarial act may be relative by affinity or
performed at the request of the parties consanguinity of the principal
in the following sites located within his within the fourth civil degree
territorial jurisdiction: (Rule IV, Section 3).
a. Public offices, convention halls
and similar places where oaths When notary public may refuse to
of office may be administered; notarize even if appropriate fee is
b. Public function areas in hotels tendered:
and similar places for the signing 1) When the notary knows or has
of instruments or documents good reason to believe that the
requiring notarization; notarial act or transaction is
c. H o s p i t a l s a n d m e d i c a l unlawful or immoral.
institutions where a party to the 2) When the signatory shows a
instrument or document is demeanor which engenders in
confined for treatment; and the mind of the notary public
d. Any place where a party to the reasonable doubt as to the
instrument or document former’s knowledge of the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
9
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

consequences of the transaction 5) Fails to submit his notarial


requiring a notarial act. register, when filled, to the
3) If in the notary’s judgment, the Executive Judge;
signatory is not acting in his/her 6) Fails to make his report, within a
own free will (Rule IV, Section reasonable time, to the
4). Executive Judge concerning the
4) If the document or instrument to performance of his duties, as
be notarized is considered as an may be required by the Judge;
improper document by these 7) Fails to require the presence of
Rules. the principal at the time of the
notarial act;
NOTE: A blank or incomplete instrument 8) Fails to identify a principal on
or document OR an instrument or the basis of personal knowledge
document without appropriate notarial or competent evidence;
certification is considered an Improper 9) Executes a false or incomplete
Instrument/Document (Rule IV, Section certificate under Section 5, Rule
6). IV;
10) Knowingly performs or fails to
NOTARIAL CERTIFICATES perform any other act prohibited
Contents of the Concluding part of the or mandated by these Rules; and
Notarial Certificate: 11) Commits any other dereliction or
1) The name of the notary public as act which in the judgment of the
exactly indicated in the Executive Judge constitutes good
commission; cause for the revocation of the
2) T h e s e r i a l n u m b e r o f t h e commission or imposition of
commission of the notary public; administrative sanction (Rule XI,
3) The words “Notary Public” and Section 1).
the province or city where the
notary public is commissioned, PUNISHABLE ACTS
the expiration date of the The Executive Judge shall cause the
commission and the office prosecution of any person who:
address of the notary public; and 1) Knowingly acts or otherwise
4) The Roll of Attorneys’ number, impersonates a notary public;
the Professional Tax Receipt 2) Knowingly obtains, conceals,
number and the place and date defaces, or destroys the seal,
of issuance thereof and the IBP notarial register, or official
Membership number (Rule VIII, records of a notary public; and
Section 2). 3) Knowingly solicits, coerces, or in
any way influences a notary
REVOCATION OF COMMISSION public to commit official
The Executive Judge shall revoke a misconduct (Rule XII, Section 1).
commission for any ground on which an
application for a commission may be
denied. TERMS TO REMEMBER
In addition, the Executive Judge may
revoke the commission of or impose Amicus Curiae- is an experienced and
sanctions upon any notary public who: impartial attorney invited by the
1) Fails to keep a notarial register; court to appear and help in the
2) Fails to make the appropriate disposition of the issues submitted
entry or entries in his notarial to it. It implies friendly intervention
register concerning his notarial of counsel to call the attention of
acts; the court to some matters of law or
3) Fails to send the copy of the facts which might otherwise escape
entries to the Executive Judge its notice and in regard to which it
within the first ten (10) days of might go wrong. An amicus curiae
the month following; appears in court not to represent
4) F a i l s to affix to any particular party but only to
acknowledgments the date of assist the court.
expiration of his commission;

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
10 2005 CENTRALIZED BAR OPERATIONS

an attorney before being arraigned


Amicus Curiae par excellence – bar and must be asked if he desires the
associations who appear in court as aid of an attorney. If he desires and
amici curiae or friends of the court. is unable to employ an attorney, the
Acts merely as a consultant to guide court must assign a counsel de
the court in a doubtful question or oficio to defend him. He is also
issue pending before it. designated as counsel of indigent
litigants. The appointment of a
Attorney ad hoc- a person named counsel de oficio in that instance is
appointed by the court to defend a matter of right on the part of the
an absentee defendant in the suit in defendant.
which the appointment is made. On appeal in a criminal case, the
appellate court must also appoint a
Attorneys-At-Law – that class of persons counsel de oficio if, as shown by the
who are licensed officers of the certificate of the clerk of court of
courts empowered to appear, the trial court, a defendant (a) is
prosecute and defend, and upon confined in prison, (b) without
whom peculiar duties, means to employ an attorney, (c)
responsibilities and liabilities are desires to be defended de oficio.
developed by law as a consequence.
House Counsel – one who acts as
Attorney in fact- simply an agent whose attorney for business though carried
authority is strictly limited by the as an employee of that business and
instrument appointing him. His not as an independent lawyer.
authority is provided in a special
power of attorney or general power Lawyer – this is the general term for a
of attorney or letter of attorney. person trained in the law and
He is not necessarily a lawyer. authorized to advice and represent
others in legal matters
Attorney of record- the attorney whose
name is entered in the records of an Lead Counsel – the counsel on either
action or suit as the lawyer of a side of a litigated action who is
designated party thereto. charged with the principal
management and direction of a
Bar and Bench – “Bar” refers to the party’s case, as distinguished from
whole body of attorneys and his juniors or subordinates.
c o u n s e l o r s c o l l e c t i v e l y, t h e
members of the legal profession: Of Counsel – an experienced lawyer,
“Bench” denotes the whole body of usually a retired member of the
judges. judiciary, employed by law firms as
Bar Association – an association of consultants.
members of the legal profession like
the IBP where membership is Practicing Lawyer – one engaged in the
integrated or compulsory. practice of law who by license are
officers of the court and who are
Client – one who engages the services of empowered to appear, prosecute
a lawyer for legal advice or for and defend a client’s cause.
purposes of prosecuting or
defending a suit in behalf and Pro Se - an appearance by a lawyer in
usually for a fee. his own behalf.

Counsel/Attorney de oficio – an Trial Lawyer – one who personally


attorney appointed by the court to handles cases in court,
defend an indigent defendant in a administrative agencies of boards
criminal action. which means engaging in actual
In a criminal action, if the trial work, either for the
defendant appears without an prosecution or for the defense of
attorney, he must be informed by cases of clients.
the court that it is his right to have
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
11
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

13. Rely upon the merits of his


II .THE CANONS OF cause, refrain from any
PROFESSIONAL impropriety which tends to
influence courts, or give the
RESPONSIBILITY appearance of influencing
the court
Chapter IV: The Lawyer and the Client
CANON -
Chapter I: The Lawyer and Society 14. Not to refuse his services to
CANON - the needy
1. Uphold the Constitution and 15. Observe candor, fairness and
obey the laws of the land loyalty in all his dealings and
2. Make legal services available transactions with clients
in an efficient and 16. Hold in trust all the moneys
convenient manner and property of his client
3. Use of true, honest, fair, that may come to his
dignified and objective possession
information in making known 17. Owes fidelity to clients
legal services cause and be mindful of the
4. P a r t i c i p a t e i n t h e trust and confidence
improvement of the legal reposed in him
system 18. S e r v e c l i e n t w i t h
5. K e e p a b r e a s t o f l e g a l competence and diligence
development and participate 19. Represent client with zeal
in continuing legal education and within the bounds of law
program and assist in 20. C h a r g e o n l y f a i r a n d
disseminating information reasonable fees
regarding the law and 21. Preserve the confidence and
jurisprudence secrets of client even after
6. Applicability of the CPR to the atty.-client relation is
lawyers in the government terminated
service 22. Withdraw services only for
good cause and upon notice
Chapter II: The Lawyer and the Legal
Profession
CANON -
7. At all times uphold the LAWYER’S DUTIES TO SOCIETY
integrity and dignity of the
Profession and support the CANON 1: UPHOLD THE CONSTITUTION
activities of the IBP AND OBEY THE LAWS OF THE LAND
8. C o n d u c t h i m s e l f w i t h
courtesy, fairness and candor DISCOURAGING LAW SUITS
toward his colleagues and Under Rule 1.03, a lawyer shall not
avoid harassing tactics for any corrupt motive or interest,
9. Not to directly or indirectly encourage any suit or proceeding or
assist in the unauthorized delay any man’s cause.
practice of law CRIME OF MAINTENANCE – A lawyer
owes to society and to the court the
Chapter III: The Lawyer and the Courts duty not to stir up litigation. The
CANON - following are unprofessional acts within
10. Owes candor, fairness and the prohibition:
good faith to the court 1. Volunteering advice to bring
11. Observe and maintain the lawsuit except where ties of
respect due courts and blood, relationship, and trust
judicial officers make it a duty to do so.
12. Duty to assist in the speedy 2. Hunting up defects in titles or
and efficient administration other causes of action and
of justice informing thereof to be
employed to bring suit or collect
judgment, or to breed litigation

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
12 2005 CENTRALIZED BAR OPERATIONS

by seeking out claims for court costs and expenses and by


personal injuries or any other settlement made for quick
grounds to secure them as returns of fees and against the
clients. just rights of the injured
3. Employing agents or runners for persons.
like purposes.
4. Paying direct or indirect reward CANON 2: MAKING AVAILABLE
to those who bring or influence EFFICIENT LEGAL SERVICE
the bringing of such cases to his A lawyer shall not reject, except
office. for valid reasons, the cause of the
5. Searching for unknown heirs and defenseless or the oppressed. (Rule
soliciting their employment. 2.01)
6. Initiating a meeting of a club and Even if the lawyer does not
inducing them to organize and accept a case, he shall not refuse to
contest legislation under his render legal advice to the person
guidance. concerned if only to the extent
7. Purchasing notes to collect them necessary to safeguard the latter’s
by litigation at a profit. rights. (Rule 2.02)

A lawyer shall refrain from CANON 3: USE OF TRUE, HONEST, FAIR


committing barratry and ambulance AND OBJECTIVE INFORMATION IN
chasing of cases. MAKING KNOWN LEGAL SERVICES

Barratry – offense of frequently inciting ADVERTISING AND SOLICITATION


and stirring up quarrels and suits. The ☑General Rule: A lawyer cannot
lawyer’s act of fomenting suits among advertise his talent, as he is a member
individuals and offering his legal services of an honorable profession whose
to one of them primary purpose is to render public
service and help secure justice and in
Ambulance Chasing – a lawyer’s act of which the remuneration is a mere
chasing the victims of an accident for incident.
the purpose of talking to the same It is highly unethical for an
victim or the latter’s relatives and attorney to advertise his talents or skill
offering his legal services for the filing of as a merchant advertises his wares. [In
the case against the person who caused re: Tagorda 53 Phil 42]
the accident.
☑Exceptions:
Ambulance Chaser – is a lawyer who 1. Writing legal articles
haunts hospitals and visits the homes of 2. Engaging in business or other
the afflicted, officiously intruding their occupations except when such
presence and persistently offering his could be deemed improper, be
service on the basis of a contingent. seen as indirect solicitation or
would be the equivalent of law
Ambulance chasing has spawned practice.
recognized evils such as: (FSMD) 3. L a w l i s t s , b u t o n l y b r i e f
1. Fomenting of litigation with biographical and informative
resulting burdens on the courts data
and the public. 4. Ordinary, professional cards
2. Subornation of perjury. 5. Notice to other local lawyers and
3. Mulcting of innocent persons by publishing in a legal journal of
judgments, upon manufactured one’s availability to act as an
causes of action. associate for them
4. Defrauding of injured persons 6. The proffer of free legal services
having proper causes of action to the indigent, even when
but ignorant of legal rights and broadcasted over the radio or
court procedures by means of tendered through circulation of
contracts which retain printed matter to the general
exorbitant percentages of public.
recovery and illegal charges for
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
13
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

7. Seeking a public office, which law firm in the country is unethical.


can only be held by a lawyer or, (Dacanay vs. Baker & McKenzie, G.R.
in a dignified manner, a position Adm. Case No. 2131)
as a full time corporate counsel.
8. Simple announcement of the CANON 4: PARTICIPATE IN THE
opening of a law firm or of IMPROVEMENT OF THE LEGAL SYSTEM
changes in the partnership, Examples:
associates, firm name or office 1. Presenting position papers or
address, being for the resolutions for the introduction
convenience of the profession. of pertinent bills in Congress;
9. Listing in a phone directory, but 2. Petitions with the SC for the
not under a designation of a amendment of the Rules of
special branch of law. Court.
10. Activity of an association for the
purpose of legal representation. CANON 5: KEEP ABREAST OF LEGAL
DEVELOPMENTS AND PARTICIPATE IN
Solicitation of Cases Constitutes CONTINUING LEGAL EDUCATION
Malpractice PROGRAM
The law prohibits lawyers from
soliciting cases for the purpose of gain,
either personally or through paid agents THREE-FOLD OBLIGATIONS OF A
or brokers and makes the act LAWYER:
malpractice [Rule 138, sec. 27, Rules of 1. He owes it to himself to continue
Court]. The rule prohibits professional improving his knowledge of the
touting. Neither shall a lawyer “charge law.
rates lower than those customarily 2. He owes it to his profession to
prescribed unless the circumstances so take an active interest in the
warrant.” maintenance of high standards
of legal education.
USE OF LAW FIRM NAME 3. He owes it to the lay public to
1. In the choice of a firm name, no false, make the law a part of their
misleading or assumed name shall be social consciousness.
used. The continued use of the name of
a deceased partner is permissible
provided that the firm indicates in all its Bar Matter 850: MANDATORY
communications that said partner is CONTINUING LEGAL EDUCATION (MCLE)
deceased. [Rule 3.02, Code of (Adopting the Rules on the Continuing Legal
Professional Responsibility]. Hence, the Education for Members of the Integrated Bar
rule abandoned the doctrine laid down of the Philippines)
in the case of In re: Sycip, 92 SCRA 1 August 8, 2000
(1979). Purpose: To ensure that throughout their
Reason: All of the partners by their career, they keep abreast with law and
joined efforts over a period of years jurisprudence, maintain the ethics of the
contributed to the goodwill attached to profession and enhance the standards of
the firm name, and this goodwill is the practice of law.
disturbed by a change in firm name
every time a partner dies. Requirements of Completion of MCLE
M e m b e r s o f t h e I B P, u n l e s s
2. Where a partner accepts public office, exempted under Rule 7, shall complete
he shall withdraw from the firm and his every three (3) years at least 36 hours of
name shall be dropped from the firm continuing legal education activities.
name unless the law allows him to The 36 hours shall be divided as follows:
practice concurrently. [Rule 3.02, Code a. 6 hours – legal Ethics
of Professional Responsibility]. b. 4 hours – trial and pretrial skills
c. 5 hours – alternative dispute
3. Filipino lawyers cannot practice law resolution
under the name of a foreign law firm, as d. 9 hours – updates on substantive
the latter cannot practice law in the and procedural laws and
Philippines and the use of the foreign jurisprudence

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
14 2005 CENTRALIZED BAR OPERATIONS

e. 4 hours – writing and oral 2. Those who have retired from law
advocacy practice with the approval of the
f. 2 hours – international law and IBP Board of Governors
international conventions
g. 6 hours – such other subjects as Good Cause for Exemption from or
may be prescribed by the modification of requirement
Committee on MCLE A member may file a verified
request setting forth good cause for
Parties Exempted from the MCLE exemption (such as physical disability,
1. The President, Vice-President, illness, post-graduate study abroad,
and the Secretaries and proven expertise in law) from
Undersecretaries of executive compliance with or modification of any
departments; of the requirements, including an
2. Senators and Members of the extension of time for compliance, in
House of Representatives; accordance with procedure to be
3. The Chief Justice and Associate established by the committee on MCLE.
Justices of the SC, incumbent
and retired justices of the Proof of exemption: Applications for
judiciary, incumbent members of exemption from or modification of the
the Judicial and Bar Council and MCLE requirement shall be under oath
incumbent court lawyers covered and supported by documents.
b y t h e Ph i l i p p i n e J u d i c i a l
Academy Program of continuing Consequences of Non-Compliance
legal education; 1. A member who fails to comply
4. The Chief State Counsel, Chief with the requirements after the
State Prosecutor and Assistant 60-day period shall be listed as
Secretaries of the Department of delinquent member by the IBP
Justice; Board of Governors upon
5. The Solicitor-General and the recommendation of the
Assistant Solicitor-General; Committee on MCLE.
6. The Government Corporate 2. The listing as a delinquent
Counsel, Deputy and Assistant member is administrative in
Government Corporate Counsel; nature but shall be made with
7. The Chairman and Members of notice and hearing by the
the Constitutional Commissions; Committee on MCLE.
8. The Ombudsman, the Overall
Deputy Ombudsman, the Deputy CANON 6: APPLICABILITY OF THE CPR
Ombudsman and the Special TO LAWYERS IN THE GOVERNMENT
Prosecutor of the Office of the SERVICE
Ombudsman;
9. Heads of government agencies Restriction Against Using Public Office
exercising quasi-judicial to Promote Private Interest
functions; Public officials and employees during
10. Incumbent deans, bar reviewers their incumbency shall NOT:
and professors of law who have 1. Own, control, manage or accept
teaching experience for at least e m p l o y m e n t a s o f f i c e r,
10 years in accredited law employee, consultant, counsel,
schools; b r o k e r, a g e n t , t r u s t e e o r
11. The Chancellor, Vice-Chancellor nominee in any private
and members of the Corps of enterprise regulated, supervised
Professional Lecturers of the or licensed by their office unless
Philippine Judicial Academy; and expressly allowed by law
12. Governors and Mayors 2. Engage in the private practice of
their profession unless
Other Exempted Parties authorized by the constitution or
1. Those who are not in law law, provided that such practice
practice, private or public will not conflict or tend to
conflict with their official
functions.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
15
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

3. Recommend any person to any CANON 8: COURTESY, FAIRNESS AND


position in a private enterprise CANDOR TOWARD HIS COLLEAGUES AND
which has a regular or pending AVOID HARASSING TACTICS
official transaction with their A lawyer shall not, in his
office professional dealings, use language
4. Use or divulge confidential or which is abusive, offensive or otherwise
classified information officially improper. (Rule 8.01)
known to them by reason of ✍ CASE: Although aware that the
their office and not available to plaintiff students were represented by
the public. counsel, respondent attorney, counsel
for the defendants proceeded,
Restrictions Against Former Official nonetheless, to negotiate with them and
from Accepting Certain Employment their parents without at the very least
A lawyer shall NOT, after leaving the communicating the matter to their
government service, accept engagement lawyer. This failure of respondent is an
or employment in connection with any inexcusable violation of the canons of
matter in which he had intervened while professional ethics and in utter disregard
in said service. [Rule 6.03, Code of of a duty owing to a colleague.
Professional Responsibility] (Camacho vs. Pangulayan, 328 SCRA 631,
Section 7 (b), RA 6713 prohibits any March 22, 2000)
former public official or employee for a
period of one year after retirement or CANON 9: PREVENTING UNAUTHORIZED
separation from office to practice his PRACTICE OF LAW
profession in connection with any other Public policy requires that the
matter before the office he used to be practice of law be limited to those
with. individuals found duly qualified in
education and character.
Purpose: To protect the public, the
court, the client and the bar from the
THE LAWYER AND THE LEGAL incompetence or dishonesty of those
PROFESSION unlicensed to practice law and not
subject to the disciplinary control of the
CANON 7: UPHOLD THE INTEGRITY AND court.
DIGNITY OF THE PROFESSION AND 1. A lawyer is prohibited from
SUPPORT THE ACTIVITIES OF THE IBP allowing an intermediary to
A lawyer shall be answerable for intervene in the performance of
knowingly making a false statement or his professional obligation.
suppressing a material fact, in 2. A lawyer cannot delegate to any
connection with his application for unqualified person the
admission to the bar. (Rule 7.01) performance of any task which
A lawyer shall not, whether in by law may only be performed
public or private life, behave in a by a member of the Bar in good
scandalous manner to the discredit of standing.
the legal profession. (Rule 7.03) 3. A lawyer cannot divide or
stipulate a fee for legal services
✍ CASE: Counsel’s act of filing multiple with a person not licensed to
complaints against herein complainant’s practice law.
reflects on his fitness to be a member of
the legal profession. His act evinces Exceptions:
vindictiveness, a decidedly undesirable 1. Where there is a pre- existing
trait whether in a lawyer or another agreement with a partner or
individual, as complainants were associate that, upon the latter’s
instrumental in respondent’s dismissal death, money shall be paid over
from the judiciary. (Saburnido vs. a reasonable period of time to
Madrono, 366 SCRA 1, September 26, his estate or to persons specified
2001) in the agreement;
2. Where a lawyer undertakes to
complete unfinished legal
business of a deceased lawyer;

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
16 2005 CENTRALIZED BAR OPERATIONS

3. Where a lawyer or law firm A lawyer shall observe and


includes non-lawyer employees maintain the respect due to the courts
in a retirement plan, even if the and to judicial officers and should insist
plan is based in whole or in part on similar conduct by others.
on a profit-sharing arrangement. A lawyer should show respect
due the court and judicial officer by
appearing during the trial of a case
LAWYER’S DUTIES TO COURTS punctually and in proper attire.
A lawyer’s language should be
CANON 10: CANDOR, FAIRNESS AND forceful but dignified, emphatic but
GOOD FAITH TO COURTS respectful as befitting an advocate and
A lawyer shall NOT do any in keeping with the dignity of the legal
falsehood, nor consent to the doing of profession.
any in court; nor shall be misled, or
allow the court to be misled by any RIGHT AND DUTY OF LAWYER TO
artifice. (Rule 10.01) CRITICIZE COURTS
The fact that a person is a
REQUIREMENTS OF CANDOR: lawyer does not deprive him of the right,
1. A lawyer shall not suppress material enjoyed by every citizen, to comment on
and vital facts which bear on the and criticize the actuations of a judge.
merit or lack of merit of complaint However, what he can ordinarily
or petition; say against a concluded litigation and
2. A lawyer shall volunteer to the court the manner the judge handed down the
any development of the case which decision therein may NOT generally be
has rendered the issue raised moot said to a pending action. The court, in a
and academic; pending litigation, must be shielded
3. Disclose to court any decision adverse from embarrassment or influence in its
to his position of which opposing all important duty of deciding the case.
counsel is apparently ignorant and On the other hand, once a litigation is
which court should consider in concluded the judge who decided it is
deciding a case; subject to the same criticism as any
4. He shall not represent himself as other public official because then his
lawyer for a client, appear for client ruling becomes public property and is
in court and present pleadings, only thrown open to public consumption.
to claim later that he was not But it is the cardinal condition of
authorized to do so. all such criticism that it shall be bona
Note: A lawyer is not an umpire but an fide, and shall not spill over the walls of
advocate. He is not obliged to refrain decency and propriety.
from making every proper argument in
support of any legal point because he is CANON 12: ASSISTING IN SPEEDY AND
not convinced of its inherent soundness. EFFICIENT ADMINISTRATION OF JUSTICE
Neither is he obliged to suggest A lawyer shall NOT appear for
arguments against his position. trial unless he has adequately prepared
himself on the law and the facts of his
A lawyer shall NOT knowingly case, the evidence he will adduce and
misquote or misrepresent the contents the order of its presentation. He should
of a paper, the language or the argument also be ready with the original
of opposing counsel, or the text of a documents for comparison with the
decision or authority, or knowingly cite copies. [Rule 12.01 Code of Professional
as a law a provision already rendered Responsibility]
inoperative by repeal or amendment, or
assert as a fact that which has not been A lawyer shall NOT unduly delay
proved. (Rule 10.02) a case, impede the execution of
A lawyer shall observe the rules of judgment or misuse court processes.
procedure and shall NOT misuse them to [Rule 12.04, Code of Professional
defeat the ends of justice. (Rule 10.03) Responsibility]

CANON 11: OBSERVANCE OF RESPECT ✍ CASE: The Court further commented


DUE THE COURTS that it is understandable for a party in
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
17
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

the situation to make full use of every


conceivable legal defense the law allows CANON 13: AVOIDING IMPROPRIETY
it. In the appraisal, however, of such THAT TENDS TO INFLUENCE THE COURT
attempts to evade liability to which a A lawyer shall rely upon the
party should respond, it must ever be merits of his cause and refrain from any
kept in mind that procedural rules are impropriety which tends to influence, or
intended as an aid to justice, not as gives the appearance of influencing the
means for its frustration. Technicalities court.
should give way to the realities of the A lawyer shall not extend
situation. (Economic Insurance Co., Inc. extraordinary attention or hospitality to,
vs. Uy Realty Co.) nor seek opportunity for cultivating
familiarity with judges [Rule 13.01, Code
The duty of a lawyer to assist in of Professional Responsibility]
the speedy and efficient administration A lawyer shall not make public
of justice includes the duty to refrain statements in the media regarding a
from talking to his witness during a pending case tending to arouse public
break or recess in the trial while the opinion for or against a party. [Rule
witness is still under examination. 13.02, Code of Professional
Responsibility]
FORUM SHOPPING - the act of filing A lawyer shall not brook nor invite
repetitious suits in different courts. It is interference by another branch or agency of
committed through the following: the government in the normal course of
1. Going from one court to another judicial proceedings. [Rule 13.03 Code of
in the hope of securing a Professional Responsibility]
favorable relief in one court,
which another court has denied.
2. F i l i n g r e p e t i t i o u s s u i t s o r
proceedings in different courts ATTORNEY-CLIENT RELATIONSHIP
concerning the same subject
matter after one court has NATURE OF RELATION
decided the suit with finality. 1. strictly personal;
3. Filing a similar case in a judicial 2. highly confidential and fiduciary
court after receiving an
unfavorable judgment from an GENERAL RULES PROTECTING
administrative tribunal. ATTORNEY-CLIENT RELATIONSHIPS
1. Best efforts must be exerted by
Forum shopping is prohibited by the attorney to protect his
Supreme Court Circular No. 28-91, and client’s interest;
the corresponding penalties for violation 2. The attorney must promptly
thereof are as follows: account for any fund or property
1. Any violation of this circular entrusted by or received for his
shall be a cause for the summary client;
dismissal of the multiple petition 3. An attorney cannot purchase his
or complaint; client’s property or interest in
2. Any willful and deliberate forum litigation;
shopping by any party and his 4. The privacy of communications
lawyer with the filing of multiple shall at all times be upheld;
petitions or complaints to ensure 5. An attorney cannot represent a
favorable action shall constitute party whose interest is adverse
direct contempt of court; to that of his client even after
3. T h e s u b m i s s i o n o f a f a k e the termination of the relation.
certification under par. 2 of the
Circular shall likewise constitute CREATION OF RELATION: FORMS OF
contempt of court, without EMPLOYMENT AS COUNSEL TO A CLIENT
prejudice to the filing of a 1. Oral – when the counsel is
criminal action against the guilty employed without a written
party. The lawyer may also be agreement, but the conditions
subjected to disciplinary and amount of attorney’s fees
proceedings. are agreed upon.

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
18 2005 CENTRALIZED BAR OPERATIONS

2. Express − when the terms and own opinion regarding the guilt
conditions including the amount of said person.
of fees, are explicitly stipulated 3. He shall not decline, except for
in a written document which serious and sufficient cause like
may be a private or public (1) if he is not in a position to
document. Written contract of carry out effectively or
attorney’s fees is the law competently; (2) if he labors
between the lawyer and the under a conflict of interest
client. between him and the
3. Implied – when there is no prospective client or between a
agreement, whether oral or present and prospective client.
written, but the client allowed
the lawyer to render legal Reasons: IBP Guidelines, Art.1, Sec. 1.
services not intended to be Public Service:
gratuitous without objection, 1. Legal aid is not a matter of charity
and the client is benefited by but a public responsibility.
reason thereof. 2. It is a means for correction of
social imbalance.
Note: While a written agreement for 3. Legal aid offices must be so
professional services is the best evidence organized as to give maximum
to show the relation, formality is not an possible assistance to indigent and
essential element of the employment of deserving members of the
an attorney. The absence of a written community and to forestall
contract will not preclude a finding that injustice.
there is a professional relationship.
Documentary formalism is not an DUTY TO DECLINE EMPLOYMENT
essential element in the employment of A lawyer should decline
an attorney; the contract may be professional employment even though
express or implied. how attractive the fee offered may be if
its acceptance will involve:
ADVANTAGES OF A WRITTEN CONTRACT 1. A violation of any of the rules of
BETWEEN THE LAWYER AND THE the legal profession.
CLIENT: 2. Nullification of a contract which
1.It is conclusive as to the amount of he prepared.
compensation. 3. Advocacy in any matter in which
2. In case of unjustified dismissal he had intervened while in the
of an attorney, he shall be government service.
entitled to recover from the 4. Employment, the nature of
client full compensation which might easily be used as a
stipulated in the contract [RA means of advertising his
636]. professional services or his skill.
5. Employment with a collection
CANON 14: NOT TO REFUSE HIS agency which solicits business to
SERVICES TO THE NEEDY collect claims.
6. Any matter in which he knows or
RIGHT TO DECLINE EMPLOYMENT; has reason to believe that he or
EXCEPTIONS his partner will be an essential
☑General Rule: A lawyer is not obliged witness for the prospective
to act as legal counsel for any person client.
who may wish to become his client. He
has the right to decline employment. ETHICAL CONSIDERATIONS IN TAKING A
☑Exceptions: BAD CASE
1. A lawyer shall not refuse his In a Criminal Case: A lawyer may accept
services to the needy. a losing criminal case because every
2. He shall not decline to represent accused is presumed innocent and is
a person solely on account of the entitled to counsel.
latter’s race, sex, creed or
status of life or because of his

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
19
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

In a Civil Case: The rules and ethics of It is the duty of a lawyer at the
the profession enjoin a lawyer from time of retainer to disclose to the client
taking a bad case. all circumstances of his relations to the
parties and any interest in connection
with the controversy, which might
Reasons: influence the client in the selection of
1. The attorney’s signature in every counsel.
pleading constitutes a certificate It is unprofessional to represent
by him that there is good cause conflicting interests, except by express
to support it and that it is not consent of all concerned given after a
interposed for delay, and willful full disclosure of facts. Within the
violation of such rule shall meaning of this Canon, a lawyer
subject him to disciplinary represents conflicting interests when, in
action. behalf of one client it is his duty to
2. It is the attorney’s duty to contend for that which duty to another
“counsel or maintain such client requires him to oppose.
actions or proceedings only as
appear to him to be just and Tests to Determine Conflicting
only such defenses as he believes Interests
to be honestly debatable under 1. W i l l t h e a t t o r n e y b e
the law.” required to contest for that
3. A lawyer is not to encourage which his duty to another
either the commencement or the client requires him to
continuance of an action or oppose? (Conflicting
proceeding, or delay any man’s duties)
cause, for any corrupt motive or 2. Will the acceptance of a
interest. new relation invite
4. A lawyer must decline to conduct suspicion and/or actually
a civil cause or to make a lead to unfaithfulness or
defense when convinced that it double-dealing towards
is intended merely to harass or another client? (Invitation
injure the opposite party or to of suspicion)
work oppression or wrong. 3. Will the attorney be called
However, a lawyer may accept a upon in his new relation to
losing civil case provided that, in so use against his first client
doing, he must not engage in dilatory any knowledge acquired in
tactics and must advise his client about the previous employment?
the prospects and advantage of settling (Use of prior knowledge
the case through a compromise. obtained)

INSTANCES WHEN A LAWYER IS


LAWYER’S DUTIES TO CLIENT CONSIDERED HAVING CONFLICTING
DUTIES
CANON 15: CANDOR, FAIRNESS AND 1. As an employee of a corporation
LOYALTY IN HIS DEALINGS AND whose duty is to attend legal
TRANSACTIONS WITH HIS CLIENTS affairs, he cannot join a labor
union of employees in that
CONFLICT OF INTEREST corporation;
2. As a lawyer who investigated an
Duty of a Lawyer to His Client in Case accident as counsel for an
There is Conflict of Interest insurance, he cannot represent
A lawyer, in conferring with a the injured person;
prospective client shall ascertain as soon 3. As a receiver of a corporation,
as practicable whether the matter would he cannot represent the
involve a conflict with another client or creditor;
his own interest, and if so, shall 4. As a representative of the
forthwith inform the prospective client. obligor, he cannot represent the
[Rule 15.01] obligee;

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
20 2005 CENTRALIZED BAR OPERATIONS

5. As a lawyer representing a party


in a compromise agreement, he Elements of Prohibition
cannot be subsequent lawyer 1. There is an attorney-client
representing another client who relationship;
seeks to nullify the agreement; 2. The property is in litigation;
3. The attorney is the counsel of
Effects of Representing Adverse record in the case;
Interests 4. The attorney, by himself or
1. Disqualification as counsel of through an agent, purchases
new client on petition of former such property during the
client. pendency of said case [Art. 1491
2. Where such is unknown to, and of the Civil Code]
becomes prejudicial to the
interests of the new client, a Other Instances Where Rule is
judgment against such may, on Inapplicable
that ground, be set aside. 1. Where the property purchased
3. A l a w y e r c a n b e h e l d by a lawyer was not involved in
administratively liable through litigation.
disciplinary action and may be 2. Where the sale took place
held criminally liable for before it became involved in
betrayal of trust. the suit.
4. The attorney’s right to fees may 3. Where the attorney at the time
be defeated if found to be of the purchase was not counsel
related to such conflict and such in the case.
was objected to by the former 4. Where the purchaser of the
client, or if there was a property in litigation was a
concealment and prejudice by corporation even though the
reason of the attorney’s previous attorney was an officer thereof.
professional relationship with 5. Where the sale took place after
the opposite party. the termination of the
litigation.
✍ CASE: Jurisprudence instructs that 6. A l a w y e r m a y a c c e p t a n
there is a representation of conflicting assignment from his client of a
interests if the acceptance of the new money judgment rendered in
retainer will require the attorney to do the latter’s favor in a case in
anything which will injuriously affect his which he was not counsel, in
first client in any matter in which he payment of his professional
represents him and also whether he will services performed in another
be called upon in his new relation, to case.
use against his first client any knowledge 7. Prohibition is inapplicable to a
acquired through their connection. contract for attorney’s fees
Another test to determine if there is a contingent upon the outcome of
representation of conflicting interests is the litigation.
whether the acceptance of a new
relation will prevent an attorney from CANON 17: FIDELITY TO THE CAUSE OF
the full discharge of his duty of HIS CLIENT AND MINDFUL OF THE
undivided fidelity and loyalty to his TRUST AND CONFIDENCE REPOSED IN
client or invite suspicion of HIM
unfaithfulness or double dealing in the ✍ CASE: Ordinarily, lawyers are not
performance thereof. (Pormento, Sr. vs. obliged to act either as advisers or as
Atty. Pontevedra, A.C. No. 5128, March advocates of any person who may wish
31, 2005) to become their client. They may
decline employment and refuse to
CANON 16: LAWYER’S DUTY TO HOLD IN accept representation, if they are not in
TRUST ALL THE MONEY AND PROPERTY a position to carry it out effectively or
OF HIS CLIENT THAT MAY COME TO HIS competently. But once they agree to
POSSESSION handle a case, attorneys are required by
PROHIBITION AGAINST PURCHASE OF the Canons of Professional Responsibility
PROPERTY IN LITIGATION
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
21
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

to undertake the task with zeal, care


and utmost devotion. Doctrine of Imputed Knowledge − the
Acceptance of money from a knowledge acquired by an attorney
client establishes an attorney-client during the time that he is acting within
relationship and gives rise to the duty of the scope of his authority is imputed to
fidelity to the client’s cause. Every case the client.
accepted by a lawyer deserves full It is based on the assumption
attention, diligence, skill and that an attorney, who has notice of
competence, regardless of importance. matter affecting his client, has
(Rollon vs. Atty. Naraval, A.C. No. 6424, communicated the same to his principal
March 4, 2005) in the course of professional dealings.
The doctrine applies regardless of
CANON 18: SERVE CLIENT WITH whether or not the lawyer actually
COMPETENCE AND DILIGENCE communicated to the client what he
learned in his professional capacity, the
DUTY TO PROTECT CLIENT’S INTEREST attorney and his client being one
Th e a t t orn e y ’s d u t y t o juridical person.
s a f e g u a r d t h e c l i e n t ’s i n t e r e s t s Exceptions to the Rule that Notice to
commences from his retainer until his Counsel is Notice to Client
effective release from the case or the 1. If strict application might foster
final disposition of the whole subject dangerous collusion to the
matter of the litigation. During that detriment of justice.
period he is expected to take such 2. Service of notice upon party
reasonable steps and such ordinary care instead of upon his attorney is
as his client’s interests may require. ordered by court.
3. Notice of pre trial is required to
PREPARATION OF PLEADINGS be served upon parties and their
A lawyer shall not handle any respective lawyers.
legal matter without any adequate 4. In appeal from the lower court
preparation. (Rule 18.02) to the RTC, upon docketing of
A lawyer should prepare his appeal.
pleading with great care and
circumspection. He should refrain from DUTY WHEN THE ACCUSED INTENDS TO
using abrasive and offensive language, PLEAD GUILTY
for it merely weakens rather than A P L E A O F G U I LT Y i s a n
strengthens the force of legal reasoning admission by the accused of his guilt of
and detracts from its persuasiveness. In crime as charged in the information and
preparing a complaint for damages, of the truth of the facts alleged,
counsel for plaintiff should allege and including the qualifying and aggravating
state the specific amounts claimed not circumstances.
only in the body of the complaint but It is the duty of the defense
also in the prayer, so that the proper counsel when his client desires to enter
docket fees can be assessed and paid. a plea of guilty to: (ACEPA)
1. Fully acquaint himself with the
DUTY TO KEEP CLIENT FULLY INFORMED records and surrounding
A lawyer shall keep the client circumstances of the case
informed of the status of his case. (Rule 2. Confer with the accused and
18.04) obtain from him his account of
He should notify his client of an what had happened
adverse decision while within the period 3. Advise him of his constitutional
to appeal to enable his client to decide rights
whether to seek an appellate review. He 4. Thoroughly explain to him the
should communicate with him import of a guilty plea and the
concerning the withdrawal of appeal inevitable conviction that will
with all its adverse consequences. The follow
client is entitled to the fullest disclosure 5. See to it that the prescribed
of the mode or manner by which his procedure which experience has
interest is defended or why certain steps shown to be necessary to the
are taken or omitted. administration of justice is

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
22 2005 CENTRALIZED BAR OPERATIONS

strictly followed and disclosed in


the court records.
AUTHORITY OF A LAWYER
DUTY TO COMPLY WITH CLIENT’S Appearance- the coming into court as a
LAWFUL REQUEST party either as a plaintiff or as a
A client shall respond within a defendant and asking relief therefrom.
reasonable time to the client’s request By virtue of Sec. 20, Rule 14 of
for information. (Rule 18.04) the 1997 Rules of Civil Procedure, there
A lawyer should endeavor to seek is no more distinction between general
instruction from his client on any appearance and special appearance, in
substantial matter concerning the the sense that a defendant may file a
litigation, which may require decision on motion to dismiss not only on the ground
the part of the client, such as whether of lack of jurisdiction over his person but
to compromise the case or to appeal an also on some other grounds without
unfavorable judgment. He should give waving the jurisdiction of the court over
his client sound advice on any such and his person.
similar matters and comply with the
client’s lawful instructions relative Presumption of Authority
thereto. He should resist and should An attorney is presumed to be
never follow any unlawful instruction of properly authorized to represent any
his client. cause in which he appears in all stages
of the litigation and no written authority
CANON 19: DUTY TO REPRESENT is required to authorize him to appear.
CLIENT WITH ZEAL AND WITHIN THE The presumption is a strong one.
BOUNDS OF THE LAW A mere denial by a party that he has
authorized an attorney to appear for
DUTY TO RESTRAIN CLIENT FROM him, in the absence of compelling
IMPROPRIETY reason, is insufficient to overcome the
A lawyer should use his best presumption especially when the denial
efforts to restrain and to prevent his comes after the rendition of an adverse
client from doing those things which he judgment.
himself ought not to do, particularly
with reference to the conduct toward Effects of an Unauthorized Appearance
the court, judicial officer, witness and 1. Party is not bound by the
suitor and if the client persists in such attorney’s appearance in the
wrong doing, the lawyer should case in or by the judgment
terminate their relation. rendered therein.
2. C o u r t d o e s n o t a c q u i r e
Duty to Advice Candidly jurisdiction over the person.
As officers of the court, counsels 3. The adverse party who has been
are under obligation to advise their forced to litigate as a defendant
clients against making untenable and by the unauthorized action on
inconsistent claims. The counsel should the part of the attorney for the
inform his client and dissuade him from plaintiff may, on that ground,
filing the case if totally devoid of merit. move for the dismissal of the
If he finds that his client’s cause as fairly complaint.
meritorious and ripe for judicial 4. If unauthorized appearance is
adjudication, he should refrain from willful, attorney may be cited
making bold and confident assurances of for contempt as an officer of
success. the court who has misbehaved
in his official transactions, and
Duty of Lawyer in Case of Knowledge he may be disciplined for
of Client’s Fraud professional misconduct.
1. He must promptly call upon the
client to rectify the same and Ratification of Unauthorized
failing which, Appearance
2. He shall terminate their relationship 1. EXPRESS: categorical assertion
with such client in accordance with by client that he has authorized
the Rules of Court. a lawyer or that he confirms his
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
23
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

authorization to represent him Mistakes or Negligence of Lawyer


in the case. Binding Upon Client
2. IMPLIED: where a party with ☑General Rule: Client is bound by
knowledge of the fact that a attorney’s conduct, negligence and
lawyer has been representing mistake in handling case or in
him in a case, accepts benefits management of litigation and in
of representation or fails to procedural technique, and he can not be
promptly repudiate the assumed heard to complain that result might have
authority. been different had his lawyer proceeded
differently.
Requisites for Implied Ratification by ☑Exceptions:
Silence 1. W h e r e a d h e r e n c e t h e r e t o
1. Party represented by lawyer results in outright deprivation
must be of age, competent or if of client’s liberty or property or
suffers from disability, has where interest of justice so
guardian or legal requires.
representative. 2. Where error by counsel is purely
2. Party or guardian is aware of technical which does not affect
attorney’s representation. substantially client’s cause.
3. He fails to promptly repudiate 3. Ignorance, incompetence or
assumed authority. inexperience of lawyer is so
great and error so serious that
Authority of Attorney in the Conduct of client, who has good cause
Litigation prejudiced and denied a day in
A lawyer has authority to bind court.
the client in all matters of ordinary 4. Gross negligence of lawyer.
judicial procedure. He can bind his 5. Lack of acquaintance with
client on substantial matters only with technical part of procedure.
the client’s express or implied consent.
A client may waive, surrender, CANON 20: DUTY OF THE LAWYER TO
dismiss, or compromise any of his rights CHARGE ONLY FAIR AND REASONABLE
involved in a litigation in favor of the FEES
other party even without or against the
consent of his attorney. ATTORNEY’S FEES
Authority to Compromise Factors in Determining Attorney’s Fees
Compromise- a contract whereby the (Rule 20.1, Canon 20) (TINSAP²C³)
parties, by making reciprocal 1. time spent and the extent of
concessions, avoid a litigation or put an the services rendered or
end to one already commenced. required;
2. novelty and the difficulty of the
☑General Rule: The attorney has no questions involved;
authority to compromise his client’s 3. importance of the subject
case. matter;
Reason: Because the client, even if 4. skill demanded;
represented by counsel, retains 5. probability of losing other
exclusive control over the subject employment as a result of the
matter of the litigation. The client can, acceptance of the proffered
of course, authorize his lawyer to case;
compromise his case, and the settlement 6. customary charges for similar
made by the lawyer will bind his client. services and the schedule of
☑Exception: Where the lawyer is fees of the IBP Chapter to which
confronted with an emergency and he belongs;
prompt, urgent action is necessary to 7. a m o u n t i n v o l v e d i n t h e
protect the interest of his client and controversy and the benefits
there is no opportunity for consultation resulting to the client from the
with him. service;
8. contingency or certainty of
compensation;

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
24 2005 CENTRALIZED BAR OPERATIONS

9. character of the employment any ordinary legal problem that


whether occasional or may arise in the ordinary
established; and business of the client and
10. the professional standing of the referred to him for legal action.
lawyer. The client pays fixed retainer
fees, which could be monthly or
Two Concepts of Attorney’s Fees otherwise. The fees are paid
1. Ordinary- it is the reasonable whether or not there are cases
compensation paid to the lawyer referred to the lawyer.
for the legal services he had 2. Special retainer – fee for a
rendered the client. The basis specific case or service rendered
of this compensation is the fact by the lawyer for the client.
of employment by the client.
2. Extraordinary- an indemnity for Situations when Counsel cannot
damages ordered by the court to Recover the Full Amount of Attorney’s
be paid by the losing party to Fees Despite Written Contract
the prevailing party in a 1. When the services called for
litigation. The basis of this is were not performed as when
any of the cases authorized by the lawyer withdrew before the
law and is payable not to the case was finished. He will be
lawyer but to the client unless allowed only reasonable fees
they have agreed that the award 2. When there is a justified
shall pertain to the lawyer as dismissal of the attorney, the
additional compensation or as contract will be nullified and
part thereof. payment will be on the basis of
quantum meruit only. A
Kinds of Payment which may be contrary stipulation will be
Stipulated Upon invalid.
1. FIXED OR ABSOLUTE FEE – which 3. When the stipulated attorney’s
is payable regardless of the result fees are unconscionable i.e.,
of the case. when it is disproportionate as
2. CONTINGENT FEE – that is compared to the value of
conditioned on the securing of a services rendered and is
favorable judgment and recovery revolting to human conscience.
of money or property and the 4. When the stipulated attorney’s
amount of which may be on a fees are in excess of what is
percentage basis. expressly provided by law.
3. A f i x e d f e e p a y a b l e P E R 5. When the lawyer is guilty of
APPEARANCE. fraud or bad faith toward his
4. A fixed fee computed upon the client in the matter of his
NUMBER OF HOURS SPENT employment
5. A fixed fee based on PIECEWORK. 6. When the counsel’s services are
6. COMBINATION of any of the worthless because of h is
above. negligence.
7. When contract is illegal, against
RETAINER- may refer to either of two morals or public policy.
concepts: 8. Serving adverse interest unless
1. Act of a client by which he lawyer proves that it was with
engages the services of an the consent of both parties.
attorney to render legal advice or
to defend or prosecute his cause Quantum Meruit − means as much as the
in court. lawyer deserves or such amount as his
2. Fee which a client pays to the services merit.
attorney
Guides for Determining Attorney’s Fees
Kinds of Retainer Agreements on Quantum Meruit Basis (TINS)
1. General retainer – the fee paid 1. Time spent and extent of the
to a lawyer to secure his future services rendered or required – a
services as “general counsel” for lawyer is justified in fixing
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
25
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

higher fees when the case is so CONTINGENT CHAMPERTOUS


complicated and requires more CONTRACT CONTRACT
time and effort to finish it.
2. N o v e l t y a n d d i f f i c u l t y o f 1. Contingent fee 1. Payable in kind
questions involved – when the is payable in ONLY
questions in a case are novel and cash
difficult, greater effort, deeper
study and research are bound to 2. Lawyers do 2 . L a w y e r s
burn the lawyer’s time and not undertake to undertake to pay
stamina considering that there pay all expenses of all expenses of
are no local precedents to rely litigation litigation
upon
3. Importance of subject matter −
the more important the subject 3. Not prohibited 3. Void
matter or the bigger the value of
the interest of property in Enforcement of Attorney’s Fees
litigation, the higher is the ☑General Rule: A lawyer should avoid
attorney’s fees the filing of any case against client for
4. Skill demanded of a lawyer − the enforcement of attorney’s fees
t o t a l i t y o f t h e l a w y e r ’s ☑Exceptions:
experience provides him the skill 1. to prevent imposition
and competence admired in 2. to prevent injustice
lawyers. 3. to prevent fraud
Instances of Recovery of Attorney’s Who are Entitled to Attorney’s Fees
Fees on the Basis of Quantum Meruit ☑General Rule: Only lawyers are
1. There is no express contract for
entitled to attorney’s fees. The same
payment of attorney’s fees
cannot be shared with a non-lawyer. It is
agreed upon between the lawyer
immoral.
and the client.
☑Exceptions:
2. When although there is a formal
contract for attorney’s fees, the A lawyer may divide a fee for legal
fees stipulated are found services with persons not licensed to
unconscionable. practice law: (CPR)
3. When the contract for attorney’s 1. a lawyer undertakes to complete
fees is void due to formal unfinished legal business of a
matter. deceased lawyer;
4. When for justifiable cause the 2. t h e r e i s a p r e - e x i s t i n g
lawyer was not able to finish the agreement with a partner or
case. associate that, upon the latter’s
5. When the lawyer and the client death, money shall be paid over
disregard the contract for fees. a reasonable period of time to
6. When the client dismissed his his estate or to persons specified
counsel before the termination in the agreement;
of t h e c a se or t h e la t t e r 3. a lawyer or law firm includes
withdrew therefrom for valid non-lawyer employees in
reasons. retirement plan, even if the plan
is based in whole or in part on
Champertous Contract - one where the the profit sharing agreement
lawyer stipulates with his client in the
prosecution of the case that he will bear Effect of Nullity of Contract on the
all of the expenses for the recovery of Right to Attorney’s Fees
things or property being claimed by the 1. if the nullification is due to the
client, and the latter agrees to pay the illegality of its object, the
former a portion of the thing or property lawyer is precluded from
recovered as compensation. It is void recovering;
for being against public policy. 2. if the nullity is due to a formal
defect or because the court has
found the amount to be
• CONTINGENT vs. CHAMPERTOUS

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
26 2005 CENTRALIZED BAR OPERATIONS

unconscionable, the lawyer may 2. The attorney has rendered


recover for any services services;
rendered based on quantum 3. Favorable judgment secured by
meruit. the counsel for his client which
judgment is a money judgment;
Instances When an Independent Civil 4. The attorney has a claim for
Action to Recover Attorney’s Fees is attorney’s fees or advances;
Necessary 5. Noting into the records of the
1. Main action is dismissed or case through the filing of an
nothing is awarded; appropriate motion of the
2. Court has decided that it has no statement of the lawyer’s claim
jurisdiction over the action or for attorney’s fee with copies
has already lost it; furnished to the client and
3. Person liable for attorney’s fees adverse party.
is not a party to the main action;
4. Court reserved to the lawyer the Retaining Lien – a right merely to retain
right to file a separate civil suit the funds, documents, and papers as
for recovery of attorney’s fees; against the client until the attorney is
5. Services for which the lawyer fully paid his fees.
seeks payment are not
connected with the subject Requisites: (ALU)
litigation; 1. Attorney-client relationship;
6. Judgment debtor has fully paid 2. Lawful possession by the lawyer
all of the judgment proceeds to of the client’s funds, documents
the judgment creditor and the and papers in his professional
lawyer has not taken any legal capacity;
step to have his fees paid 3. Unsatisfied claim for attorney’s
directly to him from the fees
judgment proceeds.
Compensation to Which a Lawyer is
Entitled to Depending on His Capacity RETAINING LIEN VS.CHARGING LIEN
1. Counsel de Parte - He is
entitled to a reasonable P o i n t o f R e t a i n i n g Charging
attorney’s fees agreed upon or in Distinction Lien Lien
the absence thereof, on
quantum meruit basis. 1. Nature Passive Active
2. Counsel de Oficio - The counsel Lien. It Lien. It
may not demand from the cannot be can be
accused attorney’s fees even if actively enforced
he wins the case. He may enforced. by
however collect from the It is a execution.
government funds if available general It is a
based on the amount fixed by lien. special
the court. lien.
3. Amicus Curiae - not entitled to 2. Basis Lawful Securing
attorney’s fees possession of a
of papers, favorable
ATTORNEY’S LIEN documents, money
Charging Lien - is an equitable right to property judgment
have the fees and lawful disbursements belonging for the
due a lawyer for his services in a suit to the client.
secured to him out of the judgment for client.
the payment of money and executions
issued in pursuance thereof in the
particular suit.

Requisites of a Charging Lien


1. Existence of a client-lawyer
relationship;
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
27
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

3. Coverage Covers Covers all 7.Extinguish When When


papers, judgment - possession client
documents, for the ment lawfully loses
and payment ends when action as
properties of money as lawyer lien may
in the and voluntarily only be
lawful execution parts with enforced
possession issued in funds, against
of the pursuance documents, judgment
attorney by of such and papers awarded
reason of judgments of client or in favor of
his . offers them client,
professiona as proceeds
l evidence. thereof/
employmen executed
t. thereon.
4. Effect As soon as As soon as
the the claim
attorney for CANON 21: PRIVILEGED
gets attorney’s COMMUNICATION
possession fees had
of the been Requisites:
papers, entered 1. There exists an attorney and
documents, into the client relationship or a kind of
or records of consultancy relationship with a
property. the case. prospective client. That is, legal
advise is what is sought;
5. Notice Client need Notice 2. The communication was made
not be must be by the client to the lawyer in
notified to served the course of the lawyer’s
make it upon professional employment; and
effective. client and 3. The communication must be
adverse intended to be confidential. [Uy
party Chico vs. Union Life Association
Society, 29 Phil 163]

6. Applicab May be Generally, Purposes:


ility exercised exercisabl To encourage a client to make a full
before e only disclosure of the facts of the
judgment when the case to his counsel without fear;
or attorney To allow the lawyer freedom to
execution had obtain full information from his
or already client.
regardless secured a
thereof. favorable Characteristics:
judgment 1. A-C privilege where legal advice
for his is professionally sought from an
client. attorney.
2. The client must intend the
above communication to be
confidential.
3. A-C privilege embraces all forms
of communication and action.
4. As general rule, A-C privilege
also extends to the attorney’s
secretary, stenographer, clerk or
agent with reference to any
fact required in such capacity.

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
28 2005 CENTRALIZED BAR OPERATIONS

5. The above duty is perpetual and 4. Deposition;


is absolutely privileged from 5. On substantial matters in cases
disclosure. where his testimony is essential
to the ends of justice, in which
Exceptions to the Privilege event he must, during his
1. When there is consent or waiver testimony, entrust the trial of
of client. the case to another counsel.
2. When disclosure is required by
law. INTERVIEWING WITNESSES
3. When disclosure is made to Witness- human instrumentality through
protect the lawyer’s rights (i.e., which the law and its ministers, the
to collect his fees or defend judges and lawyers, endeavors to
himself, his employees or ascertain the truth and to dispense
associates or by judicial action). justice to the contending parties.
4. When such communications are
made in contemplation of a 1. A lawyer may interview a witness
crime or the perpetuation of a in advance of trial to guide him
fraud in the management of the
litigation.
LAWYER AS WITNESS 2. A lawyer may also interview a
A lawyer shall avoid testifying in prospective witness for the
behalf of his client. opposing side in any civil or
Reason: The function of a witness is criminal action without the
to tell the facts as he recalls them in consent of the opposing counsel
answer to questions. The function of an or party.
advocate is that of a partisan. It is 3. A lawyer may properly obtain
difficult to distinguish between the zeal statements from witnesses
of an advocate and the fairness and whose names were furnished by
impartiality of a disinterested witness. the opposing counsel or
interview the employees of the
☞ Instances when a lawyer may NOT opposing party even though they
are under subpoena to appear as
testify as a witness in a case which he is
witnesses for the opposite side.
handling for a client:
4. I f a f t e r t r i a l r e s u l t i n g i n
1. When such would adversely
defendant’s conviction, his
affect any lawful interest of the
counsel has been advised that a
client with respect to which
prosecution witness has
confidence has been reposed on
committed perjury, it is not only
him;
proper but it is the lawyer’s duty
2. Having accepted a retainer, he
to endeavor honorably to obtain
cannot be a witness against his
such witness’ retraction, even
client;
without advising the public
3. He cannot serve conflicting
prosecutor of his purpose and
interests;
even though the case is pending
4. When he is to violate the
appeal.
confidence of his client;
An adverse party, though he may be
5. When as an attorney, he is to
used as a witness, is not, however, a
testify on the theory of the
witness within the meaning of the rule
case.
permitting a lawyer to interview the
witness of the opposing counsel.
☞ Instances when a lawyer may testify
as a witness in a case which he is CANON 22: WITHDRAWAL OF SERVICES
handling for a client:
1. On formal matters, such as the TERMINATION OF ATTORNEY-CLIENT
mailing, authentication or RELATIONSHIP
custody of an instrument and
the like; Instances When a Counsel Can
2. Acting as an expert on his fee; Withdraw His Services
3. Acting as an Arbitrator;
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
29
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

1. When the client pursues an reasonable − full payment of


illegal or immoral course or compensation
conduct in connection with the • And the fee stipulated is
case he is handling; contingent
2. When the client insists that the • If dismissed before
lawyer pursue conduct violative the conclusion of the
of the Code of Professional action − reasonable
Responsibility; value of his services
3. When his inability to work with (quantum meruit)
co-counsel will not promote the • If contingency occurs
best interest of the client; or client prevents its
4. When the mental or physical occurrence − full
condition of the lawyer renders amount
it difficult for him to carry on (Note: lawyer should question his
the employment effectively; discharge, otherwise he will be allowed
5. When the client deliberately to recover on quantum meruit basis.)
fails to pay the fees for the
services or fails to comply with With just cause
the retainer agreement; Lawyer is not necessarily
6. When the lawyer finds out that deprived of his right to be paid for his
he might be appearing for a services. He may only be deprived of
conflicting interest; such right if the cause for his dismissal
(Note: In all the above cases, the lawyer constitutes in itself a sufficient legal
must file a written motion with an obstacle to recovery.
express consent of his client and must
wait for the approval of the court.) Limitations of Client’s Right to
7. When the lawyer is elected or Discharge His Counsel
appointed to public office; 1. Client cannot deprive counsel of
8. Other similar cases [Canon 22 his right to be paid for services
Rule 22.01] rendered if dismissal is without
cause;
NOTE: A lawyer may withdraw as counsel 2. Client cannot discharge counsel
only with the consent of the client and as an excuse to secure repeated
with leave of court, and only for good extensions of time;
cause enumerated in Rule 22.01 of the 3. Notice of discharge required in
Code of Profdssional Responsibility. so far as court and adverse party
The relation of attorney-client are concerned.
relationship is strictly personal and
highly confidential and fiduciary. Duties of a Discharged Lawyer or One
Necessity and public interest require Who Withdraws
that it be so. 1. I m m e d i a t e l y t u r n - o v e r a l l
papers and property to which
Discharge of the Attorney by Client the client is entitled;
The client has the right to 2. To c o o p e r a t e w i t h t h e
terminate at any time WITH OR succeeding lawyer in the
WITHOUT JUST CAUSE. orderly transfer of the case.
Just cause is material only in
determining compensation. Conditions for Substitution of Counsel
1. Wr i t t e n r e q u e s t f o r s u c h
Without just cause substitution
• And no express written 2. Written consent of the client
agreement as to fees − 3. Written consent of the attorney
reasonable value of his to be substituted or in the
services up to the date of his absence thereof, proof of service
dismissal (quantum meruit) of notice of said motion to the
• And there is written attorney to be substituted.
agreement and the fee
stipulated is absolute and

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
30 2005 CENTRALIZED BAR OPERATIONS

LIABILITIES OF A LAWYER of controversy, that no reasonable man


can doubt its relevancy or propriety.
LIABILITY FOR DAMAGES Pleadings should contain plain
Requisites and concise statements of material facts
1. Attorney - client relationship and if pleader goes beyond requisites of
2. Want of reasonable care & law and alleges irrelevant matter which
diligence is libelous, he loses his privilege and may
3. Injury sustained by client as be liable in separate suit.
proximate result thereof.
Liability for Costs of Suit
Kinds of Damages ☑General Rule: Losing client and not
1. Nominal – where client lost the the lawyer is liable for costs of suit in
litigation as a consequence of favor of prevailing party, lawyer not
lawyer’s gross omission or being party-litigant.
negligence. ☑Exception: Where the lawyer insisted
2. Actual/compensatory on client’s patently unmeritorious case
3. Moral Damages or interposed appeal to delay litigation
4. Attorney’s fees or thwart prompt satisfaction of
(Note: for nos. 2-4 there should be prevailing party’s just and valid claim,
showing that had the lawyer exercised court may adjudge lawyer to pay treble
due diligence client would have costs of suit.
succeeded in recovering from adverse
party.) CRIMINAL LIABILITY
A lawyer may be held criminally
Liability for Breach of Fiduciary liable if he commits any of the
Obligation following:
Lawyer holds his client’s funds or 1. Causing prejudice to client thru
property in trust for clients and is malicious breach of professional
obliged to make an accounting of such duty or thru inexcusable
funds that come to his possession. negligence or ignorance.
2. Revealing client’s secrets learned
Effect of Failure to Return Client’s in lawyer’s professional capacity
Money or Property After Demand thru malicious breach of
1. P r e s u m p t i o n t h a t h e professional duty or inexcusable
misappropriated the same negligence or ignorance.
2. Civilly liable in favor of client
3. Criminal liability Specific Acts which May Result to
4. Administrative liability Criminal Liability
1. A lawyer who has undertaken the
Remedy of Client defense of client or has received
Recover property from lawyer confidential information from
together with its fruits, subject to said client in a case may be
client’s returning to his lawyer purchase criminally liable for undertaking
price & legal interest. defense of opposing party in
same cause without consent of
Libelous Words in Pleadings first client.[Art. 209, RPC]
A lawyer is exempted from 2. A lawyer who shall knowingly
liability for slander, libel or otherwise introduce in evidence in any
defamatory, published in course of judicial proceeding or to the
judicial proceedings, PROVIDED damage of another or who, with
statements are connected with, intent to cause such damage,
relevant, pertinent and material to shall use any false document
cause in hand or subject of inquiry may be held criminally liable
therefor. [Art.172, RPC]
Test of Relevancy 3. A lawyer who misappropriates his
The matter to which the client’s funds may be held liable
privilege does not extend must be for estafa.
palpably wanting in relation to subject

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
31
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

CONTEMPT OF COURT III. BAR DISCIPLINE


Nature
It is exercised on preservative
and not on vindictive principle and on POWER TO DISCIPLINE ERRANT
corrective rather than the retaliatory LAWYERS
idea of punishment, for purposes that
are impersonal. It is criminal in nature. 1. The Supreme Court has the full
The power to punish for authority and power to (WARDS)
contempt is inherent in all courts. It is a. Warn
essential in the observance of order in a.a. Admonish
judicial proceedings and to enforcement a.b. Reprimand
of judgment, orders and writs. a.c. Suspend and
a.d. Disbar a lawyer
Kinds of Contempt [Section 27, Rules 138, Rules of
1. Direct Contempt − consists of Court]
misbehavior in the presence of
or so near a court or judge as to 2. The Court of Appeals and the
interrupt or obstruct the Regional Trial Courts are also
proceedings before the court or empowered to (WARS)
the administration of justice a. Warn
2. I n d i r e c t o r C o n s t r u c t i v e b. Admonish
Contempt − one committed c. Reprimand and
away from the court involving d. Suspend an attorney
disobedience of or resistance to who appears before
a lawful writ, process, order, them from the practice
judgment or command of the of law for any of the
court, or tending to belittle, causes mentioned in
degrade, obstruct, interrupt or Section 27, Rule 138
embarrass the court [Section 16, Rule 139-
3. Civil Contempt − failure to do B].
something ordered by the court Note: But they cannot disbar a
which is for the benefit of a lawyer.
party
4. Criminal Contempt − consists of
any conduct directed against the FORMS OF DISCIPLINARY
authority or dignity of the court.
MEASURES (WARS – CD)
Acts of a Lawyer Constituting
Contempt 1. Warning – an act or fact of
1. Misbehavior as officer of court putting one on his guard against
2. Disobedience or resistance to an impending danger, evil
court order consequences or penalties.
3. Abuse or interference with 2. Admonition – a gentle or
judicial proceedings friendly reproof, mild rebuke,
4. Obstruction in administration of w a r n i n g o r r e m i n d e r,
justice counseling, on a fault, error or
5. Misleading courts oversight, an expression of
6. M a k i n g f a l s e a l l e g a t i o n , authoritative advice.
criticisms, insults, veiled threats 3. Reprimand – a public and
against the court formal censure or severe
7. Aiding in unauthorized practice reproof, administered to a
of law (suspended or disbarred) person in fault by his superior
8. Unlawful retention of client’s officer or a body to which he
funds belongs.
9. A d v i s e c l i e n t t o c o m m i t 4. Suspension – temporary
contemptuous acts withholding of a lawyer’s right
to practice his profession as a

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
32 2005 CENTRALIZED BAR OPERATIONS

lawyer for a certain period or To enable the Supreme Court to


for an indefinite period of time. make its investigation free from any
a. Definite extraneous influence or interference as
b. Indefinite −qualified well as to protect the personal and
disbarment; lawyer professional reputation of attorneys and
determines for himself judges from the baseless charges of
for how long or how disgruntled, vindictive and irresponsible
short his suspension shall clients and litigants. [In Re: Abistado, 57
last by proving to court Phil 668]
that he is once again fit
to resume practice of GROUNDS FOR SUSPENSION OR
law. DISBARMENT OF MEMBERS OF THE BAR
5. Censure - Official reprimand. 1. Under Rule 138, Sec. 27 of the
6. Disbarment - It is the act of Revised Rules of Court:
the Philippine Supreme Court in a. Deceit- is a fraudulent
withdrawing from an attorney and deceptive
the right to practice law. The misrepresentation, artifice of
name of the lawyer is stricken device used by one or more
out from the roll of attorneys. persons to deceive and trick
another, who is ignorant of the
true facts to the prejudice and
damage of the party imposed
upon. There must be false
SUSPENSION AND DISBARMENT representation as matter of
Nature of Proceedings fact. (Example:
1. NOT a civil action because there Misappropriation of client’s
is no plaintiff and no fund)
respondent, involves no private
interest. The complainant is not b. Malpractice, or other
a party and no interest in the gross misconduct in office-
outcome except as all citizens any malfeasance or dereliction
have in proper administration of of duty committed by a lawyer.
justice, no redress for private (Example: Failure of lawyer to
grievance. appeal in allowing the period
2. NOT a criminal prosecution of appeal to lapse)
because it is not meant as a Legal Malpractice- consists of
punishment depriving him of failure of an attorney to use
source of livelihood but rather to such skill, prudence and
ensure that those who exercise diligence as lawyers of ordinary
the function should be skill and capacity commonly
competent, honorable and possess and exercise in the
reliable so that public may performance of tasks which they
repose confidence in them. undertake, and when such
3. SUI GENERIS, it is a class of its failure proximately causes
own since it is neither civil nor damage, it gives rise to an action
criminal in tort. [Tan Tek Beng vs. David,
4. Confidential in nature. 126 SCRA 389]
5. Defense of double jeopardy is
not available. c. Grossly immoral
6. Can be initiated by the SC motu conduct- that conduct which is
propio or by the IBP. It can be willful, flagrant or shameless
initiated without a complaint; and which shows a moral
7. Can proceed regardless of indifference to the opinion of
interest of the complainants; the good and respectable
8. Imprescriptible; members of the community.
9. It is itself due process of law.
✍ CASE: In the case of Arciaga vs.
Reason for Making Disbarment Maniwang [106 SCRA 591], mere
Proceedings Confidential intimacy between a lawyer and a woman
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
33
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

with no impediment to marry each other Tuazon, Admin. Case No. 396, July 31,
voluntarily cohabited and had two 1964].
children, is neither so corrupt as to
constitute a criminal act nor so Quantum of Evidence Required: clear,
unprincipled as to warrant disbarment or convincing and satisfactory evidence
disciplinary action against the man as a Burden of Proof: rests on the
member of the bar. complainant, the one who instituted
the suit
d. Conv iction of a crime
involving moral turpitude
(Examples: estafa, bribery,
murder, bigamy, seduction,
abduction, concubinage,
smuggling, falsification of
public document, violation
of B.P. 22) BREACH OF DUTIES OF A LAWYER
e. Violation of oath of office Breach of Duties to Court
f. Willful disobedience of any 1. Obstructing Administration of
lawful order of a superior justice − constitutes misconduct
court and justifies disciplinary action
g. C o r r u p t l y o r w i l l f u l l y against him and contempt of
appearing as an attorney for a court. (Example: Forum
party to a case without shopping)
authority to do so. 2. Misleading court− knowingly
making false allegation in
2. Acquisition of an interest in the pleadings, misquoting text of
subject matter of the litigation, documents, suppressing material
either though purchase or facts
assignment [Art. 1491, Civil 3. Preferring false charges − filing
Code]
or prosecuting false charges
against another for his action is
3. Breach of professional duty,
violative of duty to do falsehood
inexcusable negligence, or
nor consent to doing of any in
ignorance, or for the revelation
court, nor wittingly or willingly
of the client’s secrets [Art.
promote or sue any false,
208, Revised Penal Code]
groundless, unlawful suit.
Requisites
4. Re p r e s e n t i n g c o n f l i c t i n g
a. Charges are fake
interests [Art. 209, Revised
b. Lawyer knows them to be so
Penal Code]
4. Introducing False Evidence− it
Grounds for disbarment NOT is a violation of oath to do no
EXCLUSIVE: falsehood nor consent to doing
The statutory enumeration of the of any in court. When false
grounds for disbarment or suspension is testimony is material to inquiry
not to be taken as a limitation on the or relevant to issue, it requires
general power of courts to suspend or suspension or disbarment. On
disbar a lawyer. The inherent power of the other hand, when the
court over its officers cannot be testimony is immaterial or
restricted. [Quingwa vs. Puno, Admin. irrelevant and does not cause
Case No 398, Feb. 28, 1967] The substantial prejudice, it only
Supreme Court has disbarred or warrants lesser sanction, such as
suspended lawyers for reasons not found warning or reprimand
in the statute as when their acts are 5. Willfully disobeying court
contrary to honesty or good morals or do orders − lawyer may be
not approximate the highest degree of punished for contempt and
morality and integrity expected of the disciplined as officer of court.
members of the bar. [Sta. Maria vs.

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
34 2005 CENTRALIZED BAR OPERATIONS

6. Using vicious or disrespectful fraudulent intent of lawyer.


language − constitutes direct Immediate repayment by lawyer
contempt; violation of oath and of client’s money or property
Code of Professional after demand but before
Responsibility. institution by client of
7. Continue to practice after disbarment proceedings negate
suspension − constitutes gross fraudulent intent. If the lawyer
misconduct and willful disregard has a lien, it cannot be used as
of suspension order. an excuse for not making an
accounting.
7. Collecting unreasonable fees –
Where the law fixes the
Breach of Duties to Client maximum amount which lawyer
1. Negligence in performance of may charge client, collection of
duties more than what law allows
Requisites to Warrant constitutes malpractice.
Suspension or Disbarment: 8. Acting without authority - a
i. Negligence and lawyer can bind client without
carelessness which must special power of attorney only
be gross in character on procedural matters
ii. Caused material prejudice 9. Willfully appearing without
to client being retained -It must be
Note: Mere negligence without willful, corrupt or contumacious
pecuniary damages justifies only in order that he may be held
reprimand or censure except liable.
when breach of duty to client is
a gross violation of obligation to Breach of Duties to Bar
court. a. U n e t h i c a l c o n d u c t o r
2. Employment of unlawful means unprofessional conduct - that
3. Deceit or misrepresentation which violates rules or ethical
Requisites code of legal profession.
a. Bad faith on the part of b. Defaming fellow lawyer − Use of
the lawyer improper and objectionable
b. Material damage to client language against another lawyer
4. Representing adverse Interest or accuse him wantonly and
and revealing client’s secrets - maliciously of a serious
If there is no written consent of misconduct in the absence of
client, a lawyer may not reasonable cause constitutes
represent conflicting interest. misconduct. Strongly worded
The fact that lawyer did not statements by a lawyer against
acquire confidential information opposing lawyer, if justified by
from client nor use the same records, may not justify
against the latter does not disciplinary action against him.
excuse him from responsibility. c. Encroaching upon business of
5. Purchase client’s property in another
litigation d. Soliciting business - for purpose
Requisites: of gain, personally or through
a. Lawyer is counsel for paid agents is MALPRACTICE and
client at the time he agreeing with non-lawyer to
acquired the property divide lawyer’s fees paid by
b. Property is subject of client or for solicitation by non-
litigation lawyer.
c. Acquires it by himself or e. Advertising
through another
d. Acquires property during
pendency of litigation OTHER GROUNDS FOR DISCIPLINE
6. F a i l i n g t o a c c o u n t o r
misappropriation of client’s 1. NON-PROFESSIONAL MISCONDUCT
property - presupposes
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
35
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

☑General Rule: Lawyer may not be This rule does not apply to impeachable
suspended or disbarred for misconduct in officials like SC Justices, Members of the
his non-professional or private capacity. Constitutional Commission and
☑Exception: Where such is so Ombudsman because they can be
removed only by impeachment.
GROSS to show him to be morally unfit
for office or unworthy of privilege, court
6. COMMISSION OF FRAUD OR
may be justified in suspending or
FALSEHOOD
removing him from the roll of attorneys.
7. MISCONDUCT AS NOTARY PUBLIC
2. GROSS IMMORALITY- AN ACT OF
By applying for having himself
PERSONAL IMMORALITY ON THE PART
commissioned as notary public, lawyer
OF THE LAWYER IN HIS PRIVATE
assumes duties in dual capacity, the non-
RELATION WITH OPPOSITE SEX MAY PUT
performance of which be may be a
CHARACTER IN DOUBT. BUT TO JUSTIFY
ground for discipline as member of bar.
SUSPENSION OR DISBARMENT, THE ACT
MUST NOT ONLY BE IMMORAL, IT MUST
OFFICERS AUTHORIZED TO INVESTIGATE
BE GROSSLY IMMORAL. (ABAIGAR VS.
DISBARMENT CASES
PAZ)
1. Supreme Court
2. Integrated Bar of the Philippines
Grossly Immoral Conduct – one so
(IBP) through its Commission on
corrupt and false as to constitute
Bar Discipline or authorized
criminal act or so unprincipled or
investigators
disgraceful as to be reprehensible to a
3. Office of the Solicitor General
high degree. Cohabitation per se is not
grossly immoral, it depends on
circumstances and it is not necessary
that there be prior conviction for offense GRIEVANCE PROCEDURE:
before lawyer may be disciplined for DISBARMENT, SUSPENSION, AND
gross immorality. If the evidence is not DISCIPLINE OF ATTORNEYS (Rule
sufficient to hold the lawyer liable for
gross immorality, he may still be 139-B)
reprimanded where evidence shows ☞ Proceedings for the disbarment,
failure on his part to comply with suspension and discipline of
rigorous standards of conduct required attorneys may be taken:
from lawyers. 1. by the Supreme Court motu
proprio, or,
3. CONVICTION OF CRIME INVOLVING 2. by the IBP upon the
MORAL TURPITUDE verified complaint of any
All crimes of which fraud or deceit is an person
element or those inherently contrary to ☞ The IBP Board of Governors may
rules of right conduct, honesty or initiate and prosecute proper
morality in civilized community charges against erring attorneys
including those in government:
4. PROMOTING TO VIOLATE OR 1. motu propio or
VIOLATING PENAL LAWS 2. upon referral by the SC or
3. by a Chapter Board of
5. MISCONDUCT IN DISCHARGE OF Officers or at the instance
OFFICIAL DUTIES of any person.
A lawyer who holds a government ☞ The complaint must be:
office may not be disciplined as a 1. verified;
member of the bar for misconduct in the 2. state clearly and concisely
discharge of his duties as a government the facts complained of;
official. If the misconduct, however, is in 3. supported by affidavits of
violation of the Code of Professional persons having personal
Responsibility or of his oath as a lawyer knowledge of the facts
or is of such a character as to affect his therein alleged, or by such
qualifications as a lawyer, he may be documents as may
subject to disciplinary action such as substantiate it;
disbarment (Collantes vs. Renomeron).

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
36 2005 CENTRALIZED BAR OPERATIONS

4. six (6) copies shall be filed a. If the decision is a


with the Secretary of IBP or finding of guilt of the charges,
any of its Chapters. the IBP Board of Governors
shall issue a resolution setting
OUTLINE OF DISBARMENT PROCEEDING forth its findings and
IN THE IBP (RULE139-B) recommendations which shall
1. The case shall be assigned to a be transmitted to the Supreme
National Grievance Investigator Court for final action together
where the Board of Governors with the record;
shall appoint one from among b. If the decision is for
IBP members of three (3) when exoneration, or if the sanction is
special circumstances warrant; less than suspension or dismissal,
2. If the complaint is meritorious, the Board shall issue a decision
the respondent shall be served exonerating the respondent or
with a copy requiring him to imposing a lesser sanction. The
answer within 15 days from resolution exonerating the
service; respondent shall be considered
3. The respondent shall file an as terminating the case unless
answer containing six (6) copies upon petition of the complainant
and shall verify the same; after or other interested party filed
receipt of the answer or lapse with the Supreme Court within
of the period to do so, the 15 days from notice of the
Supreme Court ,may, motu Board’s decision.
propio or at the instance of the
IBP Board of Governors, upon PROCEDURE FOR DISBARMENT IN THE
recommendation by the SUPREME COURT
I n v e s t i g a t o r, s u s p e n d a n 1. Upon the initiation of the
attorney from practice, for any complaint, the Supreme Court
of the causes under Rule 138, may refer the case for
Sec. 27, during the pendency of investigation to the Solicitor
the investigation; General, or any officer of the
4. After joinder of the issues or Supreme Court, or judge of a
f a i l u r e t o a n s w e r, t h e lower court;
respondent shall be given full 2. If referred, the investigator shall
opportunity to defend himself. proceed with the investigation
But if the respondent fails to and make a report to the
appear to defend himself Supreme Court.
inspite of notice, the
investigator may proceed ex Rules in the Imposition of Penalties
parte. The investigation shall a. In case of Suspension
be terminated within three (3) • Division − 1 year or less
months from commencement • En Banc − exceeds 1 year
which period may be extended;
5. The Investigator shall make a b. In case of Fine
report to the Board of • Division − P10,000 or less
Governors within 30 days from • En Banc −P10,000 or more
termination of the investigation
which report shall contain his c. In case of both Suspension and
findings and recommendations Fine − en banc if the
together with the evidence; suspension exceeds 1 year or
6. The Board of Governors shall the fine exceeds P10, 000.
have the power to review the d. In case of 2 or more
decision of the Investigator. Its suspensions − service will be
decision shall be promulgated
successive, not simultaneous
within a period not exceeding
30 days from the next meeting
Investigating Judge CANNOT dismiss
of the Board following the
case
submission of the report of the
✍ CASE: The investigating judge’s
Investigator:
authority is only to investigate, make a
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
37
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

report and recommendation on the case disciplinary proceedings. The Statute of


to be submitted to the SC for final Limitations is not a defense in
determination. [Graciano vs. Sebastian, disciplinary proceedings nor does the
231 SCRA 588] fact the circumstance that facts set up
as ground for disbarment constitute
Effect of desistance, withdrawal of crime, the prosecution for which in
complaint or non-appearance of criminal action is barred by prescription,
complainant in disbarment proceedings preclude the disbarment proceeding.
The desistance or the H o w e v e r, t h e f a c t t h a t a
withdrawal of the complainant of the considerable length of time has lapsed
charges against a judge does not deprive from the date the misconduct took place
the court the authority to proceed to to date the complaint for disbarment
determine the matter. Nor does it was filed may indicate ulterior motive on
necessarily result in the dismissal of the the part of complainant or innocence on
complaint except when, as a the part of respondent.
consequence of the withdrawal or
desistance no evidence is adduced to MODIFYING CIRCUMSTANCES
prove the charges. This rule is founded Extent of disciplinary action
on the rationale that a disbarment depends on attendance of mitigating or
proceeding is neither civil nor criminal aggravating circumstance.
but one prosecuted solely for the public
interest. What is important is whether
the charges against the respondent have Mitigating Circumstances
been duly proved. 1. Good faith
(Note: The same principle applies to 2. Want of intention to commit
administrative charges against judges.) wrong
3. Lack of material damage to
Doctrine of RES IPSA LOQUITOR (“the complainant
thing speaks for itself”) 4. Desistance of complainant
5. Youth and inexperience, etc.
✍ CASES: This principle or doctrine Aggravating Circumstances
applies to both judges and lawyers. 1. A b u s e o f a u t h o r i t y o r o f
Judges had been dismissed from the attorney–client relationship
service without need for a formal 2. S e x u a l i n t e r c o u r s e w i t h a
investigation because based on the relative
records, the gross misconduct or 3. Charge of gross immorality
inefficiency of the judges clearly 4. Previous dismissal as member of
appears. [Uy vs. Mercado, 154 SCRA the bar
567].
The same principle applies to EFFECT OF EXECUTIVE PARDON
lawyers. Thus, on the basis of the If during the pendency of
lawyer’s comment or answer to a show- disbarment proceeding the respondent
cause order of SC, it appears that the was granted executive pardon, the
lawyer has so conducted himself in a dismissal of the case on that sole basis
manner which exhibits his blatant will depend on whether the executive
disrespect to the court, or his want of pardon is absolute or conditional. If the
good moral character or his violation of pardon is absolute, the disbarment case
the attorney’s oath, the lawyer may be will be dismissed. However, if the
suspended or disbarred without need of executive pardon is conditional, the
a trial-type proceeding. What counts is disbarment case will not be dismissed on
that the lawyer has been given the the basis thereof.
opportunity to give his side. [Prudential Absolute pardon by President
Bank vs. Castro 155 SCRA 604] may wipe out conviction as well as
offense itself and the grant thereof in
DEFENSES favor of a lawyer is a bar to a
The purpose and nature of proceeding for disbarment against him
disbarment proceedings make the based solely on commission of such
number of defenses available in civil and offe n se . Th e re a son i s t h a t t h e
criminal actions inapplicab le in respondent lawyer, after the absolute

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
38 2005 CENTRALIZED BAR OPERATIONS

pardon, is as guiltless and innocent as if


he never committed the offense at all. The Supreme Court has the
If absolute pardon is given to exclusive authority to reinstate. This is
lawyer after being disbarred for based on its constitutional prerogative to
conviction of crime, it does not promulgate rules on the admission of
automatically entitle him to applicants to the practice of law.
reinstatement to the bar. It must be Petitioner must prove that he is once
shown by evidence aside from absolute again fit and proper person to practice
pardon that he is now a person of good law. The following must be taken into
moral character and fit and proper consideration:
person to practice law. In case of a 1. the applicant’s character and
conditional pardon, there will be a standing prior to disbarment;
remission of unexpired period of 2. the nature or character of
sentence. misconduct for which he is
disbarred;
EFFECTS OF DEATH OF LAWYER DURING 3. his conduct subsequent to
PENDENCY OF DISCIPLINARY ACTION disbarment [Cui vs. Cui, 11 SCRA
AGAINST HIM 755];
1. Renders action moot and academic 4. i n c l u d i n g h i s e f f i c i e n t
2. (But) court may still resolve case on g o v e r n m e n t s e r v i c e [ I n re
the merit in order to clear publicly Adriatico, 17 Phil 324]
the name of the lawyer. 5. the time that has elapsed
between disbarment and the
application for reinstatement
JUDGMENT and the circumstances that he
has been sufficiently punished
DISMISSAL OF CASE and disciplined [Prudential Bank
In the absence of convincing or vs. Benjamin Grecia, 192 SCRA
clearly preponderant evidence, 381]
disbarment case against him should be 6. applicant’s appreciation of
dismissed. However, the court can still significance of his dereliction
impose conditions despite dismissal of and his assurance that he now
disciplinary action against him, if the possesses the requisite probity
facts so warrant and in the event the and integrity;
lawyer fails to comply with such 7. favorable endorsement of the
condition, it may suspend or disbar him IBP, pleas of his loved ones [Yap
for disobedience of its order. Tan vs. Sabandal, 170 SCRA 207].

SUSPENSION OR DISBARMENT The court may require applicant


A lawyer who has been for reinstatement to enroll in and pass
suspended or disbarred cannot practice the required fourth year review classes
law without being held liable for in a recognized law school. [Cui vs. Cui,
contempt of court. The suspended 11 SCRA 755; In re Rusiana, 56 SCRA 240]
lawyer may be disbarred for violation of A previously disbarred lawyer
the suspension order. Such judgment who is given absolute pardon by the
does not prohibit pro se practice Pr e s i d e n t i s n o t a u t o m a t i c a l l y
(Geeslin vs. Navarro; 185 SCRA). reinstated, he must still file a petition
If the lawyer holds a for reinstatement with the SC.
government office which requires
membership in the bar as an Condition for Reinstatement
indispensable qualification, he may be A lawyer who has been
dismissed from said office (Collantes vs. suspended or disbarred may be
Renomeron; 200 SCRA). reinstated when the SC is convinced that
he has already possessed the requisites
of probity and integrity necessary to
guarantee his worth to practice his
REINSTATEMENT profession.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
39
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

EFFECTS OF REINSTATEMENT 4. Must be a person of proven


1. R e c o g n i t i o n o f m o r a l c o m p e t e n c e , i n t e g r i t y,
rehabilitation and mental fitness probity and independence.
to practice law;
2. Lawyer shall be subject to same RTC Judges
law, rules and regulations as 1. Natural-born citizen of the
those applicable to any other Philippines;
lawyer; 2. At least 35 years of age;
3. Lawyer must comply with the 3. For at least 10 years has
c on d i t i on s i m p os e d on h i s been engaged in the
readmission practice of law in the
Philippines or has held a
public office in the
Ph i l i p p i n e s r e q u i r i n g
IV. JUDICIAL ETHICS admission to the practice
of law as an indispensable
Judicial Ethics − branch of moral requisite.
science which treats of the right and MTC Judges
proper conduct to be observed by all 1. Natural-born citizen of the
judges and magistrates in trying and Philippines;
deciding controversies brought to them 2. At least 30 years of age;
for adjudication which conduct must be 3. For at least 5 years has been
demonstrative of impartiality, integrity, engaged in the practice of
competence, independence, and law in the Philippines or has
freedom from improprieties. held public office in the
Ph i l i p p i n e s r e q u i r i n g
Court − a board or other tribunal which admission to the practice of
decides a litigation or contest law as an indispensable
requisite.
Judge − a public officer who, by virtue
of his office, is clothed with judicial JUDICIAL DEPORTMENT
authority
Attitude Towards Counsel
De Jure Judge − one who is exercising He must be courteous especially
the office of a judge as a matter of to the young and inexperienced. He
right; an officer of a court who has been should not interrupt in their arguments
duly and legally appointed except to clarify his mind as to their
positions. He must not be tempted to an
De Facto Judge − an officer who is not unnecessary display of learning or
fully invested with all the powers and premature judgment. He may criticize
duties conceded to judges, but and correct unprofessional conduct of a
exercising the office of a judge under lawyer but not in insulting manner.
some color of right
Attitude Toward Litigants and Witness
He must be considerate,
courteous and civil, and he must not
QUALIFICATIONS utter intemperate language during
hearing of case.
Supreme Court and Court of Appeals
Justices Proper Judicial Conduct
1. Natural-born citizen of the Conduct self as to be beyond
Philippines; reproach and suspicion and be free from
2. At least 40 years of age; appearance of impropriety in their
3. Must have been for 15 years personal behavior not only in discharge
or more a judge of a lower of official duties but also in their
court or engaged in the everyday life.
practice of law;
Cold Neutrality of Impartial Judge

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
40 2005 CENTRALIZED BAR OPERATIONS

A judge should not only render (NOTE: The prestige of judicial


just, correct and impartial decision but office shall not be used or lent to
do so in manner free from suspicion as to advance the private interests of
its fairness and impartiality and as to his others, nor convey or permit others
integrity. It is indispensable requisite of to convey the impression that they
due process. are in a special position to influence
the judge.)
4. be free from inappropriate
connections with, and influence
NEW CODE OF JUDICIAL by, the executive and legislative
CONDUCT FOR THE PHILIPPINE branches of government.
JUDICIARY 5. be independent in relation to
(A.M. No. 03-05-01-SC) society in general and in
(June 1, 2004) relation to the particular
☞ supersedes the Canons of Judicial parties to a dispute which she/
Ethics and the Code of Judicial he has to adjudicate.
Conduct to the extent that the 6. e n c o u r a g e a n d u p h o l d
provisions or concepts therein are safeguards for the discharge of
embodied in this Code, provided, judicial duties.
that in case of deficiency or (REASON: To maintain and enhance
absence of specific provisions in this the institutional and operational
Code, the Canons of Judicial Ethics independence of the judiciary.)
and the Code of Judicial Conduct 7. exhibit and promote high
shall be applicable in a suppletory standards of judicial conduct.
character. (REASON: To reinforce public
confidence in the judiciary.)
CANON-
i. Independence ☞ Judges shall refrain from
ii. Integrity influencing in any manner the
iii. Impartiality outcome of litigation or
iv. Propriety dispute pending before another
v. Equality court or administrative agency.
vi. Competence and Diligence
☞ PURPOSE: to update and correlate
the Code of Judicial Conduct and
the Canons of Judicial Ethics CANON 2: INTEGRITY
adopted for the Philippines, but also Conduct of judges must:
to stress the Philippines’ solidarity 1. be above reproach, and be so in
with the universal clamor for a the view of a reasonable
universal code of judicial ethics. observer.
2. reaffirm the people’s faith in the
CANON 1: INDEPENDENCE integrity of the judiciary.
In performing judicial duties,
judges should: ☞ Judges should take or initiate
1. function independently on the appropriate disciplinary
basis of their assessment of the measures against lawyers or
facts and in accord with a court personnel for
conscientious understanding of unprofessional conduct of which
t h e l a w, f r e e f r o m a n y the judge may have become
extraneous influence, aware.
inducement, pressure, threat or
interference. CANON 3: IMPARTIALITY
2. be independent from judicial ☞ Judges shall perform their judicial
colleagues in respect of duties without favor, bias or
decisions. prejudice.
3. not allow family, social, or
other relationships to influence
judicial conduct or judgment. DISQUALIFICATIONS OF JUDGES

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
41
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

Grounds for Disqualification and i n d e p e n d e n t l y o f t h e j u d g e ’s


Inhibition of Judges Under the New participation, all agree in writing that
Code of Judicial Conduct: the reason for the inhibition is
Judges shall disqualify immaterial or unsubstantial, the judge
themselves from participating in any may then participate in the proceeding.
proceedings in which they are unable to The agreement, signed by all parties and
decide the matter impartially OR in lawyers, shall be incorporated in the
which it may appear to a reasonable record of the proceedings. (Sec. 6)
observer that they are unable to decide
the matter impartially. Such proceedings Grounds for Disqualification and
include, but are NOT limited to, Inhibition of Judges Under the Rules of
instances where: Court:
1. the judge has actual bias or 1. Mandatory or Compulsory
prejudice concerning a party or Disqualification [Rule 137, ROC]
personal knowledge of disputed a. when he, or his wife, or
evidentiary facts concerning the child is pecuniarily
proceedings; interested as heir, legatee,
2. the judge previously served as a creditor or otherwise
lawyer or was a material b. when he is related to either
witness in the matter in party within the sixth (6th)
controversy; degree of consanguinity or
3. the judge, or a member of his affinity or to counsel within
or her family, has an economic the fourth (4th) civil degree
interest in the outcome of the c. w h e n h e h a s b e e n a n
matter in controversy; e x e c u t o r, g u a r d i a n ,
4. the judge served as executor, administrator, trustee or
a d m i n i s t r a t o r, g u a r d i a n , counsel
trustee, or lawyer in the case or d. when he has presided in an
matter in controversy, or a inferior court where his
former associate of the judge ruling or decision is subject
served as counsel during their to review
association, or the judge or 2. Voluntary Inhibition
lawyer was a material witness A judge may, in the exercise of
therein; his sound discretion disqualify himself,
5. the judge’s ruling in a lower for just and valid reasons other than
court is the subject of review; those mentioned above. [Section 1, Rule
6. t h e j u d g e i s r e l a t e d b y 137]
consanguinity or affinity to a This leaves the discretion to the
party litigant within the sixth judge to decide for himself questions as
civil degree or to counsel within to whether he will desist from sitting in
the fourth civil degree; or case for other just and valid reasons
7. the judge knows that his or her with only his conscience to guide him,
spouse or child has a financial unless he cannot discern for himself his
interest, as heir, legatee, inability to meet the test of the cold
creditor, fiduciary, or otherwise, neutrality required of him, in which
in the subject matter in event the appellate court will see to it
controversy or in a party to the that he disqualifies himself.
proceeding, or any other A decision to disqualify himself is
interest that could be not conclusive and his competency may
substantially affected by the be determined on application for
outcome of the proceedings. mandamus to compel him to act. Judge’s
(Sec. 5) decision to continue hearing a case in
which he is not legally prohibited from
Remittal of Disqualification: A judge trying notwithstanding challenge to his
disqualified as stated above may, instead objectivity may not constitute reversible
of withdrawing from the proceeding, error.
disclose on the records the basis of The filing of an administrative
disqualification. If based on such case against a judge does not disqualify
disclosure, the parties and lawyers him from hearing a case. The court has

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
42 2005 CENTRALIZED BAR OPERATIONS

to be shown other than the filing of PROHIBITION TO DISCLOSE


administrative complaint, act or conduct INFORMATION
of judge indicative of arbitrariness or Confidential information
prejudice before the latter being acquired by judges in their judicial
branded as the stigma of being biased or capacity shall not be used or disclosed
partial. by for any other purpose related to their
judicial duties. (Sec. 9)
*DISQUALIFICATION vs. INHIBITION The prohibition will discourage if
not stop judges from making business
DISQUALIFICATION INHIBITION
speculations in some business ventures,
1 . T h e R u l e s 1 . T h e Ru l e s the secrets of which he learned by
enumerates the does not reason of his position as a judge.
specific and expressly The judge may be liable for
exclusive grounds enumerate violation of Section 3(k) of RA 3019 –
un der which any the specific “divulging valuable information of a
judge or judicial grounds for confidential character, acquired by his
officer is inhibition but office or by him on account of his official
disqualified from merely gives a position to unauthorized persons or
acting as such. broad basis releasing such information in advance of
thereof, i.e. its authorized release due.”
good, sound Violation of the rule may also
or ethical lead to “revelation of secrets by an
grounds officer” or to “revelation of the secrets
of a private individual” punishable by
Articles 229 and 230 of the Revised
Penal Code respectively.
2. Rule gives the 2. Rules leaves
judicial officer no the matter of
discretion to try or inhibition to
sit in a case the sound
discretion of PROHIBITION TO PRACTICE LAW
the judge Judges shall not practice law
whilst the holder of judicial office. (Sec.
✍ CASE: The second paragraph of 11)
Section 1, Rule 137 does not give the Section 35 of Rule 138 of Rules
judge the unfettered discretion to of Court prohibits judges, officials or
decide whether or not he will desist employees of superior courts xxx from
from hearing a case. the inhibition must engaging in private practice as members
be for just and valid causes. The mere of the bar and in giving professional
imputation of bias or partiality is not advice to clients.
enough grounds for a judge to inhibit,
especially when the same is without any ✍ CASES: The reason for the prohibition
basis. (People vs. Kho, 357 SCRA 290, has been explained in Dia-Anonuevo vs.
April 20, 2001) Bercacio [68 SCRA 81]. The Supreme
Court held that the rule disqualifying a
CANON 4: PROPRIETY municipal judge from engaging in the
Judges shall, in their personal practice of law seeks to avoid the evil of
relations with individual members of the possible use of the power and influence
legal profession who practice regularly in of his office to affect the outcome of a
their court, avoid situations which might litigation where he is retained as
reasonably give rise to the suspicion or counsel. Compelling reasons of public
appearance of favoritism or partiality. policy lie behind this prohibition, and
(Sec. 3) judges are expected to conduct
Judges shall not allow the use of themselves in such a manner as to
their residence by a member of the legal preclude any suspicion that they are
profession to receive clients of the latter representing the interests of party
or of other members of the legal litigant.
profession. (Sec. 5) In De Castro vs. Capulong [118
SCRA 52] a judge who merely acted as a
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
43
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

witness to a document and who Civil Code]. Ownership does not pass to
explained to the party waiving his right the donee. Money or property donated is
of redemption over the mortgaged recoverable by the donor, his heirs or
properties and the consequences thereof creditors.
does not engage himself in the practice
of law. Loans Prohibited Under the
Constitution
PROHIBITION AGAINST ACCEPTING Under Section 16 Article XI “No
GIFTS, BEQUEST OR LOANS loan, guarantee or other form of
☑General Rule: (1) Judges and financial accommodation for any
members of their families, as well as (2) business purpose may be granted
court staff or others subject to their directly or indirectly by any government-
influence, direction or authority, shall owned or controlled bank or financial
neither ask for, nor accept, any gift, institution to xxx members of the
bequest, loan or favor in relation to Supreme Court xxx during their tenure.”
anything done or to be done or omitted
to be done by him or her in connection Taking or Receiv ing Loans From
with the performance of judicial duties. Litigants
(Sec. 13 and 14) It is a serious misconduct for a
☑Exception: Subject to law and to any judge to receive money from a litigant in
legal requirements of public disclosure, the form of loans which he never
judges may receive a token, gift, award intended to pay back. Even if the judge
or benefit as appropriate to the occasion intends to pay, it is an act of impropriety
on which it is made provided that such to take a loan from a party-litigant. The
gift, award or benefit might not judge could not be wholly free from bias
reasonably be perceived as intended to in deciding a case where his lender is a
influence the judge in the performance party. A judge should always strive to be
of judicial duties or otherwise give rise free from suspicion and all forms of
to an appearance of partiality.(Sec. 15) improprieties.

Bribery; Direct or Indirect CANON 5: EQUALITY


Acceptance of gifts given by Judges shall not, in the
reason of the office of the judge is performance of judicial duties, by words
indirect bribery [Art. 211 Revised Penal or conduct, manifest bias or prejudice
Code] and when he agrees to perform an towards any person or group on
act constituting a crime in connection irrelevant grounds. (Sec. 2)
with the performance of his official
duties in consideration of any offer, CANON 6: COMPETENCE AND DILIGENCE
promise, gift or present receive by such Judges shall take reasonable
officer, he is guilty of direct bribery. steps to maintain and enhance their
[Art. 210 Revised Penal Code] knowledge, skills and personal qualities
necessary for the proper performance of
Anti-Graft and Corrupt Practices Act judicial duties, taking advantage for this
Under RA 3019, the judge is purpose of the training and other
liable criminally for directly or indirectly facilities which should be made
receiving gifts, present or other available, under judicial control, to
pecuniary or material benefit for himself judges. (Sec. 3)
or for another under conditions provided
in Section 2, b and c of the law.. ✍ CASE: Judges must be conscientious,
☑Exception: Excepted are unsolicited studious and thorough,[83] observing
gifts or presents of small value offered utmost diligence in the performance of
or given as a mere ordinary token of their judicial functions.[84] They have to
gratitude or friendship according to local “exhibit more than just cursory
custom or usage [Section 14, RA 3019]. acquaintance with statutes and
procedural rules.” Moreover, they must
Void Donations Under the Civil Code require court personnel to observe at all
Donations given to a judge or to times high standards of public service
his wife, descendants or ascendants by and fidelity. (Atty. Fabella vs. Judge
reason of his office are void [Art. 739,

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
44 2005 CENTRALIZED BAR OPERATIONS

Lee, A.M. No. MTJ-04-1518. January 15, considered the failure of a judge to
2004) decide a case within the reglementary
Judges shall maintain order and period as GROSS INEFFICIENCY and
decorum in all proceedings before the imposed either fine or suspension from
court and be patient, dignified and service without pay for such. The fines
courteous in relation to litigants, imposed vary in each case, depending
witnesses, lawyers and others with chiefly on the number of cases not
whom the judge deals in an official decided within the reglementary period
capacity. Judges shall require similar and other factors to wit: the presence of
conduct of legal representatives, court aggravating circumstances – the damage
staff and others subject to their suffered by the parties as a result of the
influence, direction or control. (Sec. 6) delay, the health and age of the judge,
etc.

CANON 2: AVOIDANCE OF IMPROPRIETY


CODE OF JUDICIAL CONDUCT A judge should avoid
(October 20 1989) impropriety and the appearance of
Canon- impropriety in all activities.
1. U p h o l d t h e i n t e g r i t y a n d ✍ CASES: In Manuel vs. Judge Demetrio
independence of the judiciary Calimay, Jr. [A.M. NO. RTJ-99-1441, May
2. Avoid impropriety and the 28, 1999] it was held that the fact that
appearance of impropriety
the charges proffered in the instant case
3. Perform official duties honestly, do not directly refer to respondent
and with impartiality and judge’s official functions does not mean
diligence he is totally free from blame. Canon 2 of
4. With due regard to official the Code of Judicial Conduct provides
duties, engage in activities to that a judge should not only avoid
improve the law, the legal impropriety but also the appearance of
system and the administration impropriety in all his activities. He
of justice should behave at all times as to promote
5. Regulate extrajudicial activities public confidence in the integrity and
to minimize the risk of conflict impartiality of the judiciary. He should
with judicial duties be extra careful in all his dealings – both
in his professional and individual
CANON 1: PROMPT DISPOSITION OF capacities – in order to promote and
CASES protect the image of the judiciary to
A judge should administer justice which he is privileged to belong.
impartially and without delay. [Rule Respondent, in removing the
1.02] bamboo poles and fishing nets installed
A judge shall dispose of the by complainant, acted in his private
court’s business promptly and decide capacity. Nevertheless, without in any
cases within the required periods. [Rule way prejudging respondent’s liability,
3.05] respondent should be admonished to be
✍ CASES: In the Request of Judge Irma careful even in his private conduct
Zita Masamayor [A.M. NO. 99-1-16, RTC, because he is a model of the law-abiding
June 21 1999] it was held that cognizant citizen and, for this reason, his private
of the caseload of judges and mindful of life cannot be completely separated
the pressure of their work, the Supreme from his public persona. (Bernardo vs.
Court almost always grants requests for Judge Tiamson, A.M. No. RTJ-00-1565.
extension of time to decide cases. A August 6, 2001)
heavy caseload may excuse a judge’s In Prosecutor Leo Tabao vs.
failure to decide cases within the Judge Pedro Espina [A.M. NO.
reglementary period, but not his or her RTJ-96-1347, June 29, 1999] it was held
failure to request for an extension of that apropos the issue on the hasty
time before the expiration of the period rendition of judgment in a criminal case,
to be extended. the Supreme Court has reminded
In Bernardo vs. Judge Amelia members of the bench time and again
Fabros [A.M. NO. MTJ-99-1189, May 12, that as exemplars of justice and law,
1999], the Supreme Court has always judges must avoid not only impropriety
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
45
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

but even the appearance of impropriety performance of judicial duties or cast


in all their actions. Neither should they doubt on the judge’s impartiality:
take undue interest in the settlement of a. speak, write, lecture, teach or
criminal cases as the same may participate in activities
compromise the integrity and concerning the law, the legal
impartiality of their office. system and the administration
of justice;
A judge should so behave at all b. appear at public hearing before
times as to promote public confidence in a legislative or executive body
the integrity of the judiciary. [Rule 2.01] on matters concerning the law,
the legal system or the
administration of justice and
otherwise consult with them on
CANON 3: PERFORMANCE OF DUTIES matter concerning the
WITH HONESTY, IMPARTIALITY AND administration of justice;
DILIGENCE c. serve on any organization
A judge should perform official devoted to the improvement of
duties honestly and with impartiality and the law, the legal system or the
diligence. administration of justice. [Rule
A judge shall be faithful to the 4.01]
law and maintain professional
competence. [Rule 3.01] C A N O N 5 : R E G U L AT I O N O F T H E
EXTRAJUDICIAL ACTIVITIES OF A JUDGE
✍ CASE: In the case Exequiel Domingo A judge should regulate extra-
vs. Judge Luis Reyes [A.M. NO. judicial activities so as to minimize the
MTJ-98-1165, June 21, 1999] the risk of conflict with judicial duties.
Supreme Court held that judges are
expected to keep abreast of AV O C AT I O N A L / C I V I C / C H A R I TA B L E
developments in law and jurisprudence. ACTIVITIES
The SC does not countenance respondent A judge may engage in the
judge’s failure to inform himself of following activities provided that they do
recent jurisprudential rules. His error, not interfere with the performance of
while an honest one and committed for judicial duties or detract from the
the purpose of achieving the ends of dignity of the court: write, lecture,
justice, must never happen again. teach and speak on non-legal subject
Respondent judge was reprimanded for a. engage in the arts, sports and
IGNORANCE OF THE LAW. other special recreational
Where a partner accepts public activities
office, he shall withdraw from the firm b. p a r t i c i p a t e i n c i v i c a n d
and his name shall be dropped from the charitable activities
firm name unless the law allows him to c. serve as an officer, director,
practice concurrently. [Rule 3.03] trustee, or non-legal advisor of
A judge cannot take refuge a non-profit or non-political,
behind the inefficiency or educational, religious,
mismanagement by court personnel. charitable, and fraternal or
Proper and efficient court management civic organization. [Rule 5.01]
is as much as his responsibility. It is also
his duty to organize and supervise the FINANCIAL ACTIVITIES
court personnel to ensure the prompt A judge shall refrain from financial
and efficient dispatch of business. and business dealings:
1. that tend to reflect adversely on
CANON 4: ENGAGING IN ACTIVITIES TO the court’s impartiality
IMPROVE THE LAW 2. that interfere with the proper
A judge may, with due regard to performance of judicial activities
official duties, engage in activities to 3. that increase involvement with
improve the law, the legal system and lawyers or persons likely to come
the administration of justice. before the court [Rule 5.02]
A judge may, to the extent that A judge should so manage
the following activities do not impair the investments and other financial interests

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
46 2005 CENTRALIZED BAR OPERATIONS

as to minimize the number of cases PROHIBITION TO ENGAGE IN POLITICAL


giving grounds for disqualification. ACTIVITIES
Subject to the provisions of the A judge is entitled to entertain
preceding rule, a judge may hold and personal views on political questions.
manage investments but should not But to avoid suspicion of political
serve as an officer, director, manager, partisanship, a judge shall not make
advisor, or employee of any business political speeches, contribute to party
except as director of a family business of funds, publicly endorse candidates for
the judge. [Rule 5.03] political office or participate in other
partisan political activities. [Rule 5.10]
FIDUCIARY ACTIVITIES

PROHIBITION TO SERVE AS EXECUTOR, LIABILITY OF JUDGES


ADMINISTRATOR, ETC.
☑General Rule: The judge shall not In the absence of fraud,
serve as (a) executor, (b) administrator, dishonesty or corruption, acts of judge in
(c) trustee, (d) guardian, (e) fiduciary. his judicial capacity not subject to
☑Exception: when the estate, trust, disciplinary action even though such acts
ward or person for whom he will act as are erroneous. He can’t be subject to
e x e c u t o r, a d m i n i s t r a t o r, t r u s t e e , liability – criminal, civil, administrative
guardian or fiduciary is a member of the for any of his official acts, no matter
immediate family- which is limited to how erroneous, so long as he acts in
the spouse and relatives within the good faith. In such a case, the remedy of
second degree of consanguinity – aggrieved party is not to file
provided that the judge’s services as administrative complaint against the
fiduciary shall not interfere with the judge but to elevate error to higher
performance of his judicial functions court for review and correction
[Rule 5.06].
In such exceptional cases, the judge When a Judge May Be Held Liable:
SHALL NOT: Civil, Criminal and Administrative
a. serve in proceeding that might 1. Malfeasance
come before the court of said 2. Misfeasance
judge 3. Knowingly rendering unjust
b. act as such contrary to Rules judgment or interlocutory order
5.02 to 5.05. 4. Malicious delay in administration
(Note: the relationship mentioned is of justice
by consanguinity and not by affinity.) 5. Giving private party unwarranted
benefit in exercise of judicial
PROHIBITION TO BE APPOINTED IN function thru manifest partiality,
QUASI-JUDICIAL AND ADMINISTRATIVE evident bad faith and gross
AGENCIES inexcusable negligence.
A judge shall not accept
appointment or designation to any CIVIL LIABILITIES OF JUDGES IN
agency performing quasi-judicial or R E L AT I O N T O T H E I R O F F I C I A L
administrative functions. [Rule 5.09] FUNCTIONS
The prohibition is based on 1. Any public officer or employee or any
Section 12, Art. VIII of the Constitution private individual, who directly or
which provides: “The members of the indirectly obstructs, defeats and violates
Supreme Court and of other courts or in any manner impedes or impairs the
e st a b li sh e d b y la w sh a ll n ot b e civil rights and liberties of persons shall
designated to any agency performing be liable for damages. [Art. 32, Civil
quasi-judicial or administrative Code]
functions.” The responsibility for damages is
The appointment to such not however demandable of judges
positions will likely interfere with the except when the act or omission of the
performance of the judicial functions of judge constitutes a violation of the Penal
a judge hence, the prohibition. Code or other penal statute. [Art. 32,
last par.]

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
47
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

2. A judge who willfully or negligently In order that a judge may be held


renders a decision causing damages to liable for knowingly rendering an unjust
another, shall indemnify the latter for judgment, it must be shown beyond
the same. doubt that the judgment is unjust as it is
A judge is also civilly liable for contrary to law or is not supported by
damages, if in refusing or neglecting to evidence and the same was made with
decide a case without just cause, a conscious and deliberate intent to do an
person suffered material or moral loss injustice. [In Re: Climaco, 55 SCRA 107]
without prejudice to any administrative If the decision rendered by the judge
action that may be taken against him. is still on appeal, the judge cannot be
[Art. 27, Civil Code] disqualified on the ground of knowingly
rendering an unjust judgment. [Abad vs.
DISABILITIES OF JUDGES UNDER THE Blaza, 145 SCRA 1]
CIVIL CODE
1. Art. 1491. The following persons 2. Judgment Rendered Through
cannot acquire by purchase, even at a Negligence – Any judge who, by reason
public or judicial action, either in person of inexcusable negligence or ignorance
or through the mediation of another: shall render a manifestly unjust
xxx judgment in any case submitted to him
(5) Justices, judges, prosecuting for decision shall be punished by arresto
attorneys, clerks of superior and inferior mayor and temporary special
courts and other officers and employees disqualification. [Art. 205 Revised Penal
connected with the administration of Code]
justice, the property and rights in Negligence and ignorance are
litigation or levied upon an execution inexcusable if they imply a manifest
before the court within whose injustice which cannot be explained by
jurisdiction or territory they exercise reasonable interpretation. [In Re
their respective functions, this Climaco, 55 SCRA 107]
prohibition includes the act of acquiring
by assignment and shall apply to 4. Knowingly Rendering an Unjust
lawyers, with respect to the property Interlocutory Order – Any judge
and rights which may be the object of who shall knowingly render an
any litigation in which they may take unjust interlocutory order or decree
part by virtue of their profession. shall suffer the penalty of arresto
Xxx mayor in its minimum period and
suspension; but if he shall have
2. Art. 739. Donations made to a judge, acted by reason of inexcusable
his wife, descendants and ascendants by negligence or ignorance and the
reason of his office are void. interlocutory order or decree be
manifestly unjust, the penalty shall
CRIMINAL LIABILITIES OF JUDGES IN be suspension. [Art. 206, Revised
R E L AT I O N T O T H E I R O F F I C I A L Penal Code]
FUNCTIONS
1. Misfeasance 5. Maliciously Delaying the
a.Knowingly Rendering Unjust Administration of Justice – The
Judgment - Any judge who shall penalty of prision correccional in its
knowingly render an unjust minimum period shall be imposed
judgment in any case submitted to upon any judge guilty of malicious
him for decision shall be punished delay in the administration of
by prision mayor and perpetual justice.
absolute disqualification. [Art. 204 To make the judge liable, the act
Revised Penal Code] must be committed maliciously with
b.Manifestly Unjust Judgment- it deliberate intent to prejudice a party in
is one which is so patently against a case.
the law, public order, public policy
and good morals that a person of
ordinary discernment can easily 6. Malfeasance Under the Anti-Graft
sense its invalidity and injustice. and Corrupt Practices Act

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
48 2005 CENTRALIZED BAR OPERATIONS

A judge is criminally liable for causing justice. ( Ocenar vs. Judge Mabutin,
an undue injury to a person or giving any A.M. No. MTJ-05-1582, February 28,
private party an unwarranted benefit, 2005 )
advantage or preference in the discharge
of his official function through manifest GROUNDS FOR DISCIPLINE OF JUDGES
partiality, evident bad faith and gross [Section 1, Rule 140, Revised Rules of
inexcusable negligence. [Section 3(e), Court]
R.A. 3019] 1. Serious Misconduct
2. Inefficiency

Misconduct - implies malice or a


DISCIPLINE OF MEMBERS OF THE wrongful intent, not a mere error of
BENCH judgment. For serious misconduct to
exist there must be reliable evidence
POWER TO DISCIPLINE ERRING MEMBERS showing that the judicial acts
OF THE BENCH complained of were corrupt or inspired
The Supreme Court has by an intention to violate the law or
administrative supervision over all courts were in persistent disregard of well-
and the personnel thereof [Section VI, known legal rules.
Art. VIII, Constitution]. The Court en Inefficiency - implies negligence,
banc has the power to discipline all incompetence, ignorance and
judges of lower courts including justices carelessness. A judge would be
of the Court of Appeals. It may even inexcusably negligent if he failed to
dismiss them by a majority vote of the observe in the performance of his duties
members who actually took part in the that diligence, prudence and
deliberation of the issues in the case and circumspection which the law requires in
voted thereon [Section XI, Art. VIII, the rendition of any public service.
Constitution].
The inferior courts (MTCs) are ✍ CASES: In the case of In Re: Leaves
not empowered even just to suspend an Of Absence Without Approval Of Judge
attorney, although they may cite or hold Eric Calderon [A.M. 98-8-105 MTC,
a lawyer in contempt of court for January 26, 1999] - Judge Calderon was
contemptuous acts. found guilty of gross misconduct,
Justices and judges, who are abandonment of office and was
also lawyers, if found guilty of certain dismissed due to his frequent leave of
crimes and / or of the causes for absence totaling to 3 years which were
disbarment under the Rules of Court may not approved and his explanations were
also be disbarred. inexcusable. He has caused great
Justices of the Supreme Court disservice to many litigants and has
however may not be disbarred unless denied them speedy justice.
and until they shall have been first In the case of In Re: Judge
impeached in accordance with the Danilo Tenerife [255 SCRA 184] - The
Constitution. The same is true with the failure of a judge to decide even a single
other impeachable officers who are case within the 90-day period was
members of the bar. considered gross inefficiency warranting
the imposition of fine equivalent to his
✍ CASE: While it is our duty to one month salary.
investigate and determine the truth
behind every matter in complaints
against judges and other court Effect of resignation or retirement of
personnel, it is also our duty to see to it a judge when there is a pending
that they are protected and exonerated administrative case against him
from baseless administrative charges. The retirement/resignation of a
The Court will not shirk from its judge may or may not render the
responsibility of imposing discipline upon administrative complaint moot and
its magistrates, but neither will it academic. Each case will be determined
hesitate to shield them from unfounded according to its surrounding
suits that serve to disrupt rather than circumstances. (Pagayao vs. Imbing,
promote the orderly administration of A.M. No. 89-403. August 15, 2001; Lilia
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)
San Beda College of Law
49
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

vs. Judge Famunal, A.M. No. office, willful neglect, corruption, or


RTJ-99-1503. December 13, 2001) incompetence. The general rules in
According to Pesole vs. regard to admissibility of evidence in
Rodriguez [81 SCRA 208] the acceptance criminal trials apply.
by the President of the resignation does For liability to attach, the
not necessarily render the case moot or assailed order, decision or actuation of
deprive the SC of the authority to the judge in the performance of official
investigate the charges. The court duties must not only found to be
retains its jurisdiction either to erroneous but, most importantly, it must
pronounce the respondent official be established that he was moved by bad
innocent of the charges or declare him faith, dishonesty, hatred or some other
guilty thereof. A contrary rule will be like motive. Similarly, a judge will be
fraught with injustice and pregnant with held administratively liable for rendering
dreadful and dangerous implications. an unjust judgment — one which is
contrary to law or jurisprudence or is not
PROCEDURE FOR DISCIPLINE OF supported by evidence — when he acts in
JUDGES (RULE 140) bad faith, malice, revenge or some other
1. Complaint, in writing and duly similar motive. In other words, in order
sworn to is filed with the to hold a judge liable for knowingly
Supreme Court. [Sec. 1] rendering an unjust judgment, it must
2. If found meritorious, a copy be shown beyond reasonable doubt that
thereof shall be served on the the judgment was made with a conscious
respondent and he shall be and deliberate intent to do an injustice.
required to comment within 10 (Judge De Guzman vs. Dy, A.M. No.
days of service. [Sec. 6] RTJ-03-1755, July 3, 2003)
3. Upon filing of respondent’s
comment or expiration of the IMPEACHMENT PROCEEDINGS AGAINST
period upon filing comment, the JUDGES
SC either refers the matter to Penal in nature governed by
the Office of the Court rules on criminal case and therefore
Administrator (OCA) for requires proof beyond reasonable doubt.
evaluation, report, and Only SC justices are subject to
recommendation, or assigns a impeachment.
Justice of the Court of Appeals
(if respondent is an RTC judge) MISCONDUCT
or a judge of the RTC (if Reliable evidence showing that
respondent is a judge of an judicial actions are corrupt or inspired
inferior court) to investigate and by intent to violate the law or in
hear the charges. [Sec. 7] persistent disregard of legal rules.
4. After hearings, the investigating Justices and Judges may not be
justice or judge submits a report investigated under the grievance
of finding of fact, conclusions of procedure in Rule 139-B, sec. 1 of the
law and recommendations to the Revised Rules of Court. Complaints
Supreme Court. [Sec. 8] against justices and judges are filed with
5. The Supreme Court takes action the Supreme Court which has
as the facts and the law may administrative supervision over all
warrant. [Sec. 9] courts.
Proceedings shall be private and As a matter of practice, the
confidential but a copy of the decision or Supreme Court has assigned complaints
resolution of the Court shall be attached against Municipal or Metropolitan Trial
to the record of the judge in the Office Judges to an Executive Judge of a
of the Court Administrator. [Sec. 11] Regional Trial Court and complaints
against judges of Regional Trial Courts to
QUANTUM OF EVIDENCE REQUIRED a justice of the Court of Appeals, while a
The ground for the removal of a complaint against a member of the Court
judicial officer should be established of Appeals would probably be assigned to
beyond reasonable doubt. Such is the a member of the Supreme Court for
rule where the charges on which the investigation, report and
removal is sought is misconduct in

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


!CHAIRPERSON: Jackie Lou Bautista !ASSISTANT CHAIRPERSON: Catherine Jane Vanilla !SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) !EDP: Raphy Espiritu !MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
50 2005 CENTRALIZED BAR OPERATIONS

recommendation. Retired SC Justices integration actually does is to provide an


are now tasked for this purpose. official national organization for the well
defined but unorganized and incohesive
REINSTATEMENT OF JUDGE PREVIOUSLY group of which every lawyer is already a
DISCIPLINED member. [In re: Edillon A.M. 1928]
No indication that he is inspired
by corrupt motives or reprehensive Vo l u n t a r y t e r m i n a t i o n o f I B P
purpose in the performance of his membership, How Effected
functions. By filing a verified notice to
that effect with the Secretary of IBP who
Factors to be considered shall immediately bring the matter to
1. Unsullied name & service of the attention of the SC. Forthwith, he
record prior to dismissal shall cease to be a member and his name
2. Commitment to avoid situation shall be stricken from the Roll of
that spur suspicion of arbitrary Attorneys.
conditions.
3. Complainant mellowed down in Effect of failure to pay annual
pushing from his removal membership dues to the IBP
4. Length of time separated from The failure of any attorney to
service pay his annual membership dues for 6
months shall warrant suspension of his
membership in the IBP and default of
such payment for one year shall be a
V. INTEGRATED BAR ground for the removal of his name from
OF THE PHILIPPINES the Roll of Attorneys. [Sec. 10, Rule
139-A, Rules of Court].
✍ CASES: A lawyer may not be
IBP is the national organization disciplined either by the IBP or the Court
of lawyers created on January 16, 1973 for failing to pay her obligation to
under Rule 139-A, Rules of Court and complainant, a matter in her non-
constituted on May 4, 1973 into a body professional or private capacity. [Toledo
corporate by P.D. No. 181 vs. Abalos, A. C. No. 5141, September
As the official national 29, 1999]
unification of the entire lawyer
population of the Philippines this Wanton disregard of the lawful orders
requires membership and financial of the IBP Commission on Bar Discipline
support in reasonable amount of every a ground for suspension of a lawyer
attorney as conditions sine qua non to from the practice of law. A lawyer was
the practice of law and the retention of suspended from the practice of law for
his name in the Roll of Attorneys. one month due to her wanton disregard
The IBP Board of Governors is of the lawful orders of the IBP
authorized to provide in the By-Laws for Commission on Bar Discipline. [Toledo vs.
grievance procedure for the Abalos, A. C. No. 5141, September 29,
enforcement and maintenance of 1999]
discipline among all the members of the
IBP, but no action involving the
suspension or disbarment of a member
or the removal of his name from the Roll
of Attorneys shall be effective without
the final approval of the Supreme Court.
[Rule 139-A,Section 12, Rules of Court]

✍ CASE: Compulsory membership to the


IBP is not violative of a lawyer’s freedom
of association. Integration does not
make a lawyer a member of any group of
which he is already a member. He
became a member of the bar when he
passed the Bar Examinations. All that
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
Bautista (Legal Ethics)