Professional Documents
Culture Documents
Legal Ethics Up 2012 PDF
Legal Ethics Up 2012 PDF
LEGAL
BAR REVIEWER
2012 UP LAW
LEGAL
BAR REVIEWER
EXECUTIVE COMMITTEE
Ramon Carlo Marcaida |Commissioner
Raymond Velasco • Mara Kriska Chen |Deputy Commissioners
Barbie Kaye Perez |Secretary
ETHICS
Carmen Cecilia Veneracion |Treasurer LEGAL ETHICS TEAM 2012
Hazel Angeline Abenoja|Auditor
Faculty Editor | Prof. Concepcion Jardeleza
COMMITTEE HEADS Subject Heads| Kristina Paola Frias • Jason
Eleanor Balaquiao • Mark Xavier Oyales | Acads Jimenez
Monique Morales • Katleya Kate Belderol • Kathleen Mae Contributors| Lilian Dy • Ronald Sarcaoga •
Tuason (D) • Rachel Miranda (D) |Special Lectures Bryan John Maga
Patricia Madarang • Marinella Felizmenio |Secretariat
Victoria Caranay |Publicity and Promotions LAYOUT TEAM 2012
Loraine Saguinsin • Ma. Luz Baldueza |Marketing Layout Artists | Alyanna Apacible • Noel
Benjamin Joseph Geronimo • Jose Lacas |Logistics Luciano • RM Meneses • Jenin Velasquez •
Angelo Bernard Ngo • Annalee Toda|HR Mara Villegas • Naomi Quimpo • Leslie
Anne Janelle Yu • Alyssa Carmelli Castillo |Merchandise Octaviano • Yas Refran • Cris Bernardino
Graciello Timothy Reyes |Layout
Charmaine Sto. Domingo • Katrina Maniquis |Mock Bar
Layout Head| Graciello Timothy Reyes
Krizel Malabanan • Karren de Chavez |Bar Candidates’ Welfare
Karina Kirstie Paola Ayco • Ma. Ara Garcia |Events
OPERATIONS HEADS
Charles Icasiano • Katrina Rivera |Hotel Operations
Marijo Alcala • Marian Salanguit |Day-Operations
Jauhari Azis |Night-Operations
Vivienne Villanueva • Charlaine Latorre |Food
Kris Francisco Rimban • Elvin Salindo |Transpo
Paula Plaza |Linkages
ETHICS
Copyright and all other relevant rights over this
material are owned jointly by the University of the
Philippines College of Law and the Student Editorial
Team.
6
LEGAL AND JUDICIAL ETHICS
REVIEWER
2012 UP LAW
BAR REVIEWER
LEGAL
ETHICS
BAR OPERATIONS COMMISSION 2012
LEGAL AND JUDICIAL ETHICS
EXECUTIVE COMMITTEE TEAM 2012
Ramon Carlo Marcaida |Commissioner
Raymond Velasco • Mara Kriska Chen |Deputy Commissioners LEGAL ETHICS TEAM 2012
Barbie Kaye Perez |Secretary Faculty Editor | Prof.
Carmen Cecilia Veneracion |Treasurer
Hazel Angeline Abenoja|Auditor Concepcion Jardeleza
Subject Heads| Kristina Paola
COMMITTEE HEADS Frias • Jason Jimenez
Eleanor Balaquiao • Mark Xavier Oyales | Acads Contributors| Lilian Dy •
Monique Morales • Katleya Kate Belderol • Kathleen Mae Tuason (D) • Rachel Ronald Sarcaoga • Bryan John
Miranda (D) |Special Lectures Maga
Patricia Madarang • Marinella Felizmenio |Secretariat
Victoria Caranay |Publicity and Promotions LAYOUT TEAM 2012
Loraine Saguinsin • Ma. Luz Baldueza |Marketing
Layout Artists | Alyanna
Benjamin Joseph Geronimo • Jose Lacas |Logistics
Apacible • Noel Luciano • RM
Angelo Bernard Ngo • Annalee Toda|HR
Meneses • Jenin Velasquez •
Anne Janelle Yu • Alyssa Carmelli Castillo |Merchandise
Graciello Timothy Reyes |Layout
Mara Villegas • Naomi
Charmaine Sto. Domingo • Katrina Maniquis |Mock Bar Quimpo • Leslie Octaviano •
Krizel Malabanan • Karren de Chavez |Bar Candidates’ Welfare Yas Refran • Cris Bernardino
Karina Kirstie Paola Ayco • Ma. Ara Garcia |Events Layout Head| Graciello
Timothy Reyes
OPERATIONS HEADS
Charles Icasiano • Katrina Rivera |Hotel Operations
Marijo Alcala • Marian Salanguit |Day-Operations
Jauhari Azis |Night-Operations
Vivienne Villanueva • Charlaine Latorre |Food
Kris Francisco Rimban • Elvin Salindo |Transpo
Paula Plaza |Linkages
8
Legal Ethics holding one‘s self out to the public as a
lawyer
LEGAL AND JUDICIAL ETHICS
Legal Ethics I. Practice of Law (2) Application of law, legal principles,
Judicial Ethics II. Duties and Responsibilities of a practice, or procedure – calls for legal
Lawyer knowledge, training and experience
III. Suspension, Disbarment and
Discipline of Lawyers (3) Compensation – his professional services
are available to the public for
IV. Readmission to the Bar
compensation, as a service of his livelihood
V. Mandatory Continuing Legal or in consideration of his said services
Education
VI. Notarial Practice (4) Attorney-client relationship – hence for
Padilla, teaching law or writing law books is
not ―practice of law‖
LEGAL PROFESSION
Giving advice for compensation regarding the legal
A group of learned men and women pursuing a status and rights of another and for one‘s conduct
learned art as a common calling in the spirit of with respect thereto constitutes practice of law.
public service. [ULEP v. Legal Clinic, (1993)]
Organization
Learned art Persons entitled to practice law are those who are
Public service licensed as members of the Bar; or maybe licensed
as such in accordance with the provisions of the
Rules of Court and who are in good and regular
CHAPTER I. PRACTICE OF LAW standing. [ROC, Rule 13, Sec. 1]
A. CONCEPT
B. QUALIFICATIONS B. Qualifications
C. APPEARANCE OF NON-LAWYERS
D. SANCTIONS FOR PRACTICE OR APPEARANCE The practice of law is any activity, in or out of
WITHOUT AUTHORITY court, which requires the application of law, legal
procedure, knowledge, training and experience. It is
E. PUBLIC OFFICIALS AND PRACTICE OF LAW to give notice or render any kind of service, which
F. LAWYERS AUTHORIZED TO REPRESENT THE device or service requires the use in any degree of
GOVERNMENT legal knowledge or skill. [Cayetano v. Monsod,
G. LAWYER‘S OATH (1991)]
d. Self-representation
Rule 138-A, Section 3. Privileged
LEGAL AND JUDICIAL ETHICS
SC power to regulate the practice of law includes: E. Public Officials And Practice of
(1) Authority to define the term ―practice‖ Law
(2) Prescribe the qualifications of a candidate
to and the subjects of the bar examinations
(3) Decide who will be admitted to practice 1. Prohibition or Disqualification of
(4) Discipline, suspend or disbar any unfit and Former Government Attorneys
unworthy member of the bar
(5) Reinstate any disbarred or indefinitely Statutory Basis
suspended attorney Section 7 of R.A. No. 6713 generally provides
(6) Ordain the integration of the Phil. Bar for the prohibited acts and transactions of public
(7) Punish for contempt any person for officials and employees. Subsection (b)(2)
unauthorized practice of law and prohibits them from engaging in the private
(8) In general, exercise overall supervision of practice of their profession during their
the legal profession incumbency. As an exception, a public official or
employee can engage in the practice of his or her
profession under the following conditions: first,
In re Cunanan, (1954) Congress has no power to the private practice is authorized by the
regulate the bar (admission to practice). But in Constitution or by the law; and second, the
LEGAL AND JUDICIAL ETHICS
practice will not conflict, or tend to conflict, ROC, Sec. 17. An applicant who has passed the
with his or her official functions. required examination, or has been otherwise
14 found to be entitled to admission to the bar,
shall take and subscribe before the SC an oath of
The Section 7 prohibitions continue to apply for a office. Form 28 of the Judicial Standard Forms
period of one year after the public official or prescribes the following oath to be taken by the
applicant:
employee‘s resignation, retirement, or separation
from public office, except for the private practice of I, _____, do solemnly swear that I will maintain
profession under subsection (b)(2), which can allegiance to the Republic of the Phils..
already be undertaken even within the one-year
prohibition period. As an exception to this I will support and defend its Constitution and
exception, the one-year prohibited period applies obey the laws as well as the legal orders of the
with respect to any matter before the office the duly constituted authorities therein;
public officer or employee used to work with. (A.M.
I will do no falsehood nor consent to the doing of
No. 08-6-352-RTC) any in court;
2. Public Officials who Cannot I will not wittingly or willingly promote or sue
Practice Law or with Restrictions any groundless, false or unlawful suit nor give
aid nor consent to the same;
Relative prohibition
(1) Senators and House of Representatives I will delay no man for money or malice, and will
members (prohibition to appear) [1987 conduct myself as a lawyer according to the best
Const. Art VI, Sec. 14] of my knowledge and discretion with all good
(2) Sanggunian Members [RA No. 7160, Sec. 91] fidelity as well to the court as to my clients; and
1. Respect for Law and Legal flaunting the law and the high moral standards of
Processes the legal profession. [Ui v. Bonifacio]
16
Mere intimacy between a man and a woman, both of
Statutory Basis
whom possess no impediment to marry, voluntarily
Canon 1 - A lawyer shall uphold the
carried and devoid of deceit on the part of the
constitution, obey the laws of the land and
respondent is neither so corrupt nor so unprincipled
promote respect for law of and legal processes.
as to warrant the imposition of disciplinary sanction,
even if a child was born out of wedlock of such
Rule 1.01 - A lawyer shall not engage in relationship. It may suggest a doubtful moral
unlawful, dishonest, immoral or deceitful character but not grossly immoral. [Figueroa v.
conduct. Barranco, (1997)]
ROC, Rule 138, Sec 27 - Attorneys removed or Reconciliation between Delizo-Cordova and Cordova,
suspended by Supreme Court on what grounds. — assuming the same to be real, does not excuse or
A member of the bar may be removed or wipe away the misconduct and immoral behavior
suspended from his office as attorney by the carried out in public. The requirement of good moral
Supreme Court for any deceit, malpractice, or character persists as a continuing condition for
other gross misconduct in such office, grossly membership in the Bar in good standing. [Cordova v.
immoral conduct, or by reason of his conviction Cordova, (1989)]
of a crime involving moral turpitude, or for any
violation of the oath which he is required to take While sexual relations between two unmarried adults
before the admission to practice, or for a wilfull is not sufficient to warrant disbarment, it is not with
disobedience of any lawful order of a superior respect to betrayals to the marital vow.
court, or for corruptly or willful appearing as an Respondent‘s wanton disregard for the sanctity of
attorney for a party to a case without authority marriage is shown when he pursued a married
so to do. The practice of soliciting cases at law woman and thereafter cohabited with her.
for the purpose of gain, either personally or [Guevarra v. Eala, (2007)]
through paid agents or brokers, constitutes
malpractice. When lawyers are convicted of frustrated homicide,
the attending circumstances, not the mere fact of
Unlawful conduct their conviction would demonstrate their fitness to
An act or omission which is against the law. remain in the legal profession. [Soriano v. Dizon,
Dishonesty involves lying or cheating. [Agpalo] (2006)]
Immoral or deceitful conduct The record discloses that the CFI acquitted
That which is willful, flagrant or shameless and respondent Suller for failure of the prosecution to
which shows a moral indifference to the opinion of prove his guilt beyond reasonable doubt. Such
the good and respectable members of the acquittal, however, is not determinative of this
community. [Aguirre] administrative case ... The rape of his neighbor's
wife constituted serious moral depravity even if his
Moral turpitude guilt was not proved beyond reasonable doubt in the
―Includes everything which is done contrary to criminal prosecution for rape. He is not worthy to
justice, honesty, modesty, or good morals‖. It remain a member of the bar. The privilege to
involves an act of baseness, vileness, or depravity in practice law is bestowed upon individuals who are
the private duties which a man owed his fellowmen, competent intellectually, academically and, equally
or to society in general, contrary to the accepted important, morally. ―Good moral character is not
and customary rule of right and duty between man only a condition precedent to admission to the legal
and woman, or conduct contrary to justice, honesty, profession, but it must also be possessed at all times
modesty, or good morals. [Barrios v. Martinez, in order to maintain one's good standing in that
(2004)] exclusive and honored fraternity.‖ [Calub v. Suller,
E.g. crimes of murder, estafa, rape, violation of 2000 and quoting Docena vs. Limon]
BP 22, bribery, bigamy, adultery, seduction,
abduction, concubinage, smuggling Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
As a servant of the law, a lawyer should make lessening confidence in the legal system.
himself an exemplar for others to emulate (Agpalo)
Example: A lawyer who defies a writ of preliminary
Immorality connotes conduct that shows injuction has flouted his duties as a member of the
indifference to the moral norms of society. For such legal profession. (Agpalo)
conduct to warrant disciplinary action, the same
must be grossly immoral, it must be so corrupt and The SC does not claim infallibility, it will not
false as to constitute a criminal act or so denounce criticism made by anyone against the
unprincipled as to be reprehensible to a high degree. Court for, if well founded can truly have
Respondent's act belies the alleged moral constructive effects in the task of the Court, but will
indifference and proves that she has no intention of not countenance any wrong doing nor allow erosion
LEGAL AND JUDICIAL ETHICS
of the people's faith in the judicial system. [Estrada merit of his case. A lawyer must resist the REVIEWER
whims
v. Sandiganbayan] and caprices of his clients, and temper his client‘s
propensity to litigate. [Castaneda v. Ago, (1975)] 17
The promotion of organizations, with knowledge of
their objectives, for the purpose of violating or 2. Efficient and Convenient Legal
evading the laws constitutes such misconduct in his Services
office. [In re Terrell, (1903)]
Statutory Basis
Rule 1.03 - A lawyer shall not, for any corrupt
CANON 2: A lawyer shall make his legal services
motive or interest, encourage any suit or
available in an efficient and convenient manner
proceeding or delay any man's cause.
compatible with the independence, integrity and
effectiveness of the profession.
Barratry or “Maintenance”
Inciting or stirring up quarrels, litigation or
Rule 2.01 - A lawyer shall not reject, except for
groundless lawsuits
valid reasons, the cause of the defenseless or the
Examples:
oppressed.
- Volunteering advice to bring lawsuit,
except in rare cases where ties of blood,
Legal aid is not a matter of charity. It is a means
relationship or trust make it his duty to
for the correction of social imbalance that may and
do so
often do lead to injustice, for which reason it is a
- Hunting up defects in titles or other
public responsibility of the Bar. The spirit of public
causes of action in order to be employed
service should, therefore, underlie all legal aid
to bring suit or breed litigation
offices. The same should be administered to indigent
and deserving members of the community on all
Ambulance Chasing
cases, matters and situations in which legal aid may
Accident-site solicitation of almost any kind of legal
be necessary to forestall an injustice. [IBP
business by laymen employed by an attorney for the
Handbook, Guidelines Governing the Establishment
purpose or by the attorney himself.
and Operation of the Legal Aid Office, Art. 1, Sec.
Supports perjury, the defrauding of innocent
1]
persons by judgments, upon manufactured
causes of actions and the defrauding of
Valid grounds for refusal (Rule 14.03):
injured persons having proper causes of action
(1) He is in no position to carry out the work
but ignorant of legal rights and court
effectively or competently
procedure.
(2) He labors under a conflict of interest
between him and the prospective client or
A lawyer may be disciplined in his professional and
between a present client and the
private capacity. The filing of multiple complaints
prospective client.
reflects on his fitness to be a member of the legal
profession. His conduct of vindictiveness a
decidedly undesirable trait especially when one ROC, Rule 138, Sec. 31. Attorneys for destitute
resorts to using the court not to secure justice but litigants — A court may assign an attorney to
merely to exact revenge warrants his dismissal from render professional aid free of charge to any
the judiciary. [Saburnido v. Madrono, (2001)] party in a case, if upon investigation it appears
that the party is destitute and unable to employ
an attorney, and that the services of counsel are
Rule 1.04 - A lawyer shall encourage his clients
necessary to secure the ends of justice and to
to avoid, end or settle a controversy if it will
protect the rights of the party. It shall be the
admit of a fair settlement.
duty of the attorney so assigned to render the
required service, unless he is excused therefrom
The function of a lawyer is not only to conduct
by the court for sufficient cause shown.
litigation but to avoid it where possible, by advising
settlement or withholding suit. He must act as
The legal profession is a burdened privilege not
mediator for compromise rather than an instigator
many are qualified to undertake. Ledesma owes
and conflict. What sometimes beclouds a lawyer‘s
fidelity to the duty required of the legal profession.
judgment as to what is best for his client is his eye
Because there is no incompatibility between the
on the attorney‘s fees which are often considerably
defense of his client and him being an election
less when the cause is amicably settled. The
registrar, he should not decline his appointment as
problem of conflict of interests must be resolved
counsel de oficio. The ends of justice will be well
against self-interest. [Agpalo]
served by requiring counsel to continue as counsel
de oficio. [Ledesma v. Climaco, (1974)]
A lawyer should be sanctioned for the misuse of
legal remedies and prostituting the judicial
process to thwart the satisfaction of a judgment to Bar Matter No. 2012 (2009)
the prejudice of others. The lawyer abetted his Proposed Rule on Mandatory Legal Aid Service
client in using the courts to subvert the very ends of for Practicing Lawyers
justice by instigating controversy and conflict
although the client's cause is without merit. It is Purpose. - to enhance the duty of lawyers to
every duty of a counsel to advise his client on the society as agents of social change and to the
LEGAL AND JUDICIAL ETHICS
courts as officers thereof by helping improve abovementioned, and they do not own any real
access to justice by the less privileged members of property with the fair value aforementioned,
18 society and expedite the resolution of cases supported by an affidavit of a disinterested
involving them; To aid the efficient and effective person attesting to the truth of the litigant's
administration of justice especially in cases affidavit. The current tax declaration, if any,
involving indigent and pauper litigants. shall be attached to the litigant's affidavit.
Scope. - This Rule shall govern the mandatory Any falsity in the affidavit of litigant or
requirement for practicing lawyers to render free disinterested person shall be sufficient cause to
legal aid services in all cases (whether, civil, dismiss the complaint or action or to strike out
criminal or administrative) involving indigent and the pleading of that party, without prejudice to
pauper litigants where the assistance of a lawyer whatever criminal liability may have been
is needed. It shall also govern the duty of other incurred.‖
members of the legal profession to support the
legal aid program of the Integrated Bar of the Algura v. LGU …the two (2) rules can stand
Philippines. together and are compatible with each other.
(a) Practicing lawyers are members of the Phil. When an application to litigate as an indigent
Bar who appear for and in behalf of parties in litigant is filed, the court shall scrutinize the
courts of law and quasi-judicial agencies, affidavits and supporting documents submitted by
including but not limited to the National Labor the applicant to determine if the applicant
Relations Commission, National Conciliation and complies with the income and property standards
Mediation Board, Department of Labor and prescribed in the present Section 19 of Rule
Employment Regional Offices, Department of 141…If the trial court finds that the applicant
Agrarian Reform Adjudication Board and National meets the income and property requirements, the
Commission for Indigenous Peoples. The term authority to litigate as indigent litigant is
"practicing lawyers" shall exclude: automatically granted and the grant is a matter
(i) Gov't. employees and incumbent elective of right.
officials not allowed by law to practice;
(ii) Lawyers who by law are not allowed to However, if the trial court finds that one or both
appear in court; requirements have not been met, then it would
(iii) Supervising lawyers of students enrolled in set a hearing to enable the applicant to prove
law student practice in duly accredited legal that the applicant has "no money or property
clinics of law schools and lawyers of non-Gov't.al sufficient and available for food, shelter and
organizations (NGOs) and peoples’ organizations basic necessities for himself and his family." In
(POs) like the Free Legal Assistance Group who by that hearing, the adverse party may adduce
the nature of their work already render free legal countervailing evidence to disprove the evidence
aid to indigent and pauper litigants and presented by the applicant; after which the trial
(iv) Lawyers not covered under subparagraphs (i) court will rule on the application depending on
to (iii) including those who are employed in the the evidence adduced. In addition, Section 21 of
private sector but do not appear for and in behalf Rule 3 also provides that the adverse party may
of parties in courts of law and quasi-judicial later still contest the grant of such authority at
agencies. any time before judgment is rendered by the trial
court, possibly based on newly discovered
(b) Indigent and pauper litigants are those evidence not obtained at the time the application
defined under Rule 141, Section 19 of the ROC and was heard. If the court determines after hearing,
(Algura v. The Local Gov't. Unit of the City of that the party declared as an indigent is in fact a
Naga, 2006) person with sufficient income or property, the
proper docket and other lawful fees shall be
Sec. 19. Indigent litigants exempt from payment assessed and collected by the clerk of court. If
of legal fees.– INDIGENT LITIGANTS payment is not made within the time fixed by the
(A) WHOSE GROSS INCOME AND THAT OF THEIR court, execution shall issue or the payment of
IMMEDIATE FAMILY DO NOT EXCEED AN AMOUNT prescribed fees shall be made, without prejudice
DOUBLE THE MONTHLY MINIMUM WAGE OF AN to such other sanctions as the court may impose.
EMPLOYEE AND
(B) WHO DO NOT OWN REAL PROPERTY WITH A RULE 3 SEC. 21. Indigent party.—A party may be
FAIR MARKET VALUE AS STATED IN THE CURRENT authorized to litigate his action, claim or defense
TAX DECLARATION OF MORE THAN THREE as an indigent if the court, upon an ex parte
HUNDRED THOUSAND (P300,000.00) PESOS SHALL application and hearing, is satisfied that the party
BE EXEMPT FROM PAYMENT OF LEGAL FEES. is one who has no money or property sufficient
and available for food, shelter and basic
The legal fees shall be a lien on any judgment necessities for himself and his family.
rendered in the case favorable to the indigent
litigant unless the court otherwise provides. Such authority shall include an exemption from
payment of docket and other lawful fees, and of
To be entitled to the exemption herein provided, transcripts of stenographic notes which the court
the litigant shall execute an affidavit that he and may order to be furnished him. The amount of
his immediate family do not earn a gross income the docket and other lawful fees which the
LEGAL AND JUDICIAL ETHICS
Rule 3.02 abandoned the doctrine laid down in In Re: 1987 Const. Art. IX, Sec. 2. No member of a
Sycip 92 SCRA 1 (1979), which charged that retaining Constitutional Commission shall, during his
a deceased partner's name in the firm name tenure, hold any other office or employment.
improperly exploits its advertising value. [Agpalo] Neither shall he engage in the practice of any
profession.
Death of a partner does not extinguish the client-
lawyer relationship with the law firm. [B.R. A lawyer member of the Legislature is not absolutely
Sebastian Enterprises, Inc. v. CA] prohibited from engaging in the practice of his
profession. He is only prohibited from appearing as
GENERAL RULE 2: Filipino lawyers cannot practice counsel before any court of justice.
law under the name of a foreign law firm.
What is prohibited is the appearance which includes:
Firms may not use misleading names showing arguing a case before any such body and filing a
association with other firms to purport legal services pleading on behalf of a client.
of highest quality and ties with multinational
business enterprise especially when such firm Neither can his name be allowed to appear in such
attached as an associate cannot legally practice law pleadings by itself or as part of a firm name under
in the Phils. [Dacanay v. Baker and McKenzie, the signature of another qualified lawyer because
(1985)] the signature of an agent amounts to a signing by
non-qualified Senator or Congressman.
Rule 3.03 - Where a partner accepts public
office, he shall withdraw from the firm and his His name should be dropped from the firm name, of
name shall be dropped from the firm name which he is a name partner, whenever the firm files
unless the law allows him to practice law a pleading on behalf of a client.
currently.
Summary: A law partner who accepts a It is unlawful for a public official or employee to,
public office should withdraw from the firm among others: "engage in the private practice of
their profession, unless authorized by the
Where a partner accepts public office through Constitution or law, provided that such practice will
appointment or election, he shall withdraw from the not conflict or tend to conflict with official
firm and his name shall be dropped from the firm functions." [Samonte v. Gatdula, (1999)]
name unless the law allows him to practice law
concurrently. If the unauthorized practice on the part of a person
who assumes to be an attorney causes damage to a
The purpose of the rule is to prevent the law firm party, the former may be held liable for estafa.
from using his name to attract legal business and to
avoid suspicion of undue influence. [Agpalo] Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of the mass
A civil service officer or employee whose duty or media in anticipation of, or in return for,
responsibility does not require his entire time to be publicity to attract legal business.
at the disposal of the Gov't. may not engage in the Summary: A lawyer shall not seek media
private practice of law without the written permit publicity.
from the head of the department concerned.
[Agpalo] This rule prohibits from making indirectly publicity
gimmick, such as furnishing or inspiring newspaper
Related Statutory Basis comments, procuring his photograph to be published
RA 7160 (LGC), Sec. 90. Governors, city and in connection with cases which he is handling,
municipal mayors are prohibited from practice of making a courtroom scene to attract the attention of
profession. newspapermen, or arranging for the purpose an
EXCEPTION: Sanggunian members are interview with him by media people. (Agpalo)
allowed to practice concurrently subject to
certain restrictions. PURPOSE: To prevent some lawyers from gaining an
unfair advantage over others through the use of
1987 Const. Art. VI, Sec. 14. No Senator or gimmickry, press agentry or other artificial means.
member of the House of Representative may
personally appear before any court of justice or It is bad enough to have such undue publicity when a
before the Electoral Tribunal, or quasi-judicial criminal case is being investigated, but when
and other administrative bodies. publicity and sensationalism is allowed, even
encouraged, when the case is on appeal and is
1987 Const. Art. VII, Sec. 13. The President, pending consideration by the SC, it is inexcusable
Vice-President, the members of the cabinet and and abhorrent. [Cruz v. Salva, (1959)]
LEGAL AND JUDICIAL ETHICS
Obligations
4. Participation in the (1) To self for continued improvement of
22 Improvement and Reforms in knowledge
(2) To his profession for maintenance of high
Legal System standards of legal education
(3) To the public for social consciousness
Statutory Basis
CANON 4: A lawyer shall participate in the Bar Matter No. 850 (2000)
development of the Legal System by initiating or Purpose: To ensure that lawyers throughout their
supporting efforts in law reform and in the career keep abreast with law and jurisprudence,
improvement of the administration of justice. maintain the ethics of the profession and enhance
the standards of the practice of law
NOT a strict duty, but a duty nevertheless. A lawyer
must NOT be confined by technical legal questions Requirement: Every 3 years at least 36 hours of legal
but instead grow in knowledge and competence to education activities.
make the law socially responsive.
Legal ethics 6 hrs
A lawyer ―may with propriety write articles for
publications in which he gives information upon the Trial and pre-trial skills 4 hrs
law; but he should not accept employment from Alternative dispute resolution 5 hrs
such publications to advise inquiries in respect to
their individual rights.‖ Updates on substantive procedural laws
9 hrs
and jurisprudence
Examples Writing and oral advocacy 4 hrs
(1) Present position papers or resolutions for International law and international
the introduction of pertinent bills in 2 hrs
conventions
Congress; Other subjects as may be prescribed by
(2) Submit petitions to the SC for the 6 hrs
the Committee on MCLE
amendment of the ROC.
(3) The Misamis Oriental Chapter of the IBP Legal Education Activities
promulgating a resolution wherein it
requested the IBP‘s National Committee on a) Participatory
Legal Aid (NCLA) to ask for the exemption 1) Attending approved education activities
from the payment of filing, docket and like seminars, conferences,
other fees of clients of the legal aid offices conventions, symposia, in-house
in the various IBP chapters (Re: Request Of education programs, workshops,
National Committee On Legal Aid To Exempt dialogues or round table discussion.
Legal Aid Clients From Paying Filing, Docket 2) Speaking or lecturing, or acting as
And Other Fees, August 28, 2009) assigned panelist, reactor,
commentator, resource speaker,
SC Resolution: Commended the MOC of the IBP and moderator, coordinator or facilitator in
GRANTED the exemption approved education activities.
3) Teaching in a law school or lecturing in
"We laud the Misamis Oriental Chapter of the IBP for
a bar review class.
its effort to help improve the administration of
justice, particularly, the access to justice by the
b) Non Participatory
poor. Its Resolution No. 24, series of 2008 in fact
echoes one of the noteworthy recommendations
1) Preparing, as an author or co-author,
written materials published or
during the Forum on Increasing Access to Justice
spearheaded by the Court last year. In promulgating accepted for publication, e.g., in the
form of an article, chapter, book, or
Resolution No. 24, the Misamis Oriental Chapter of
book review which contribute to the
the IBP has effectively performed its duty to
legal education of the author member,
"participate in the development of the legal system
which were not prepared in the
by initiating or supporting efforts in law reform and
ordinary course of the member‘s
in the administration of justice."
practice or employment.
2) Editing a law book, law journal or legal
5. Participation in Legal newsletter.
Education Program
c) Other activities credited to MCLE –
Statutory Basis Rendering Mandatory Legal Aid Services [Bar
CANON 5: A lawyer shall keep abreast of legal Matter No. 2012, Sec 8]
developments, participate in continuing legal
education programs, support efforts to achieve Exemptions
high standards in law schools as well as in the (1) President, vice-president, cabinet members
practical training of law students and assist in (2) Members of Congress
disseminating the law and jurisprudence. (3) Chief Justice and incumbent and retired
members of the judiciary
LEGAL AND JUDICIAL ETHICS
(4) Chief state counsel, prosecutor and the public interest over and REVIEWER
above
assistant secretaries of the Department of personal interest.
Justice (2) Professionalism- perform and discharge 23
(5) Solicitor General and assistants their duties with the highest degree of
(6) Gov't. Corporate Counsel, his deputies and excellence, professionalism, intelligence
assistants and skill
(7) Chairman and members of Constitutional (3) Justness and sincerity- not discriminate
Commissions against anyone, especially the poor and
(8) Ombudsman and his deputies the underprivileged
(9) Heads of Gov't. agencies exercising quasi- (4) Political neutrality- provide service to
judicial functions everyone without unfair discrimination
(10) Incumbent deans, bar reviewers and and regardless of party affiliation or
professors of law who have 10 year teaching preference
experience (5) Responsiveness to the public- extend
(11) Officers and lecturers of the Phil. Judicial prompt, courteous, and adequate service
Academy to the public
(12) Governors and mayor (6) Nationalism and patriotism- be loyal to
(13) Those not in law practice (special the Republic and to the Filipino people,
exemption) promote the use of locally produced
(14) Those who have retired from the law goods, resources and technology and
practice (special exemption) encourage appreciation and pride of
(15) A member may file a verified request country and people.
setting forth good cause for exemption (7) Commitment to democracy- commit
(such as physical disability, illness, post themselves to the democratic way of life
graduate study abroad, proven expertise in and values, maintain the principle of
law, etc.) public accountability, and manifest by
Penalty: deeds the supremacy of civilian
(1) Non-Compliance Fee of Php 1,000.00. authority over the military.
(2) Listing as a delinquent member of the IBP (8) Simple living- lead modest lives
appropriate to their positions and
Bar Matter No. 1922 (2008) income
Practicing members of the bar are required to
INDICATE in all pleadings filed before the courts or Rule 6.01 - The primary duty of a lawyer
quasi-judicial bodies, the number and date of issue engaged in public prosecution is not to convict
of their MCLE Certificate of Compliance or but to see that justice is done. The suppression
Certificate of Exemption, as may be applicable, for of facts or the concealment of witnesses capable
the immediately preceding compliance period. of establishing the innocence of the accused is
highly reprehensible and is cause for disciplinary
Penalty: Failure to disclose the required information action.
would cause the dismissal of the case and the
expunction of the pleadings from the records. A public prosecutor is a quasi-judicial officer with
the two-fold aim of which is that guilt shall not
CANON 6: These canons shall apply to lawyers in escape or innocence suffer. He should not hesitate
Gov't. services in the discharge of their tasks. to recommend to the court the accused's acquittal if
the evidence in his possession shows that the
A member of the Bar who assumes public office does accused is innocent. [Agpalo]
not shed his professional obligation. The Code was
not meant to govern the conduct of private While there is nothing objectionable in allowing a
petitioners alone, but of all lawyers including those private prosecutor to participate in the proceedings,
in Gov't. service. Lawyers in Gov't. are public a public prosecutor should not allow the trial in the
servants who owe the utmost fidelity to the public hands of a private prosecutor to degenerate into a
service. Thus they have to be more sensitive in the private persecution. In such event, the public
performance of their professional obligations…. A prosecutor must take over the active conduct of the
lawyer in public service is a keeper of public faith litigation. [Agpalo]
and is burdened with a high degree of social
responsibility, perhaps higher than her brethren in Prosecutors should not allow and should avoid giving
private practice. [Vitriolo v. Dasig, (2003)] the impression that their noble office is being used
or prostituted, wittingly, or unwittingly, for political
Related Statutory Basis ends or other purposes alien to the fundamental
RA 6713, Sec. 4 (A) or the Code of Conduct and objective of serving the interests of justice. [Agpalo]
Ethical Standards for Public Officials and
Employees. It is upon the discretion of the prosecutor to decide
what charge to file upon proper appreciation of facts
Every public official and employee shall observe and evidences. Fiscals are not precluded from
the following as standards of personal conduct in exercising their sound discretion in investigation. His
the discharge and execution of official duties: primary duty is not to convict but to see that justice
(1) Commitment to public interest- uphold is served. [People v. Pineda, (1967)]
LEGAL AND JUDICIAL ETHICS
REVIEWER
(1) Assist in the administration of justice;
On any Gov't. employee - No Gov't. employee, (2) Foster and maintain on the part of its
official, or officer may accept engagement or members high ideals of integrity, learning, 25
employment in connection with matter he had professional competence, public service and
intervened in. Intervention includes any act of a conduct;
person which has the power to influence the subject (3) Safeguard the professional interest of its
proceedings. [Agpalo] members;
(4) Cultivate among its members a spirit of
The ―matter‖ contemplated in this rule are those cordiality and brotherhood;
that are adverse-interest conflicts (substantial (5) Provide a forum for the discussion of law,
relatedness and adversity between the Gov't. matter jurisprudence, law reform, pleading,
and the new client‘ matter in interest) and practice and procedure, and the relations of
congruent-interest representation conflicts, while the Bar to the Bench and to the public, and
the ―intervention‖ should be significant and publish information relating thereto;
substantial which can or have affected the interest (6) Encourage and foster legal education;
of others. [PCGG v. Sandiganbayan, (2005)] (7) Promote a continuing program of legal
research in substantive and adjective law,
On members of the legislature and make reports and recommendations
1987 Constitution, Art. VI, Sec. 13. No member thereon.
of legislature may accept an appointment in an
office which he created or increased emoluments The basic postulate of the IBP is that it is non-
thereof. political in character and that there shall be neither
lobbying nor campaigning in the choice of the IBP
Officers. The fundamental assumption is that the
B. The Legal Profession officers would be chosen on the basis of professional
merit and willingness and ability to serve. The
candidates and many of the participants in the
Statutory Basis election process not only violated the By-Laws of the
CANON 7: Uphold the Integrity and DIgnity of the IBP but also the ethics of the legal profession which
Profession and Support the activities of the imposes on all lawyers. The unseemly ardor with
integrated bar. which the candidates pursued the presidency of the
association detracted from the dignity of the legal
1. Integrated Bar of the profession. The spectacle of lawyers bribing or being
Philippines bribed to vote did not uphold the honor of the
profession nor elevate it in the public‘s esteem. [In
Statutory Basis re 1989 Elections of the IBP, 178 SCRA 398 (1989)]
RA 6397 The Supreme Court may adopt rules of
court to effect the integration of the Philippine Atty "Batas" Mauricio violated Canon 7 of the Code of
Bar under such conditions as it shall see fit in Professional Responsibility, which directs a lawyer to
order to raise the standards of the legal "at all times uphold the integrity and the dignity of
profession, improve the administration of the legal profession when he tried to force CDO to
justice, and enable the bar to discharge its place ads in his shows and publications in exchange
public responsibility more effectively for stopping his media attacks on their allegedly
worm-laden liver spread. [Foodsphere v. Mauricio,
The Integrated Bar of the Philippines (the ―IBP‖) is A.C. No. 7199 (22 July 2009)]
the official organization of all Philippine lawyers
whose names appear in the Roll of Attorneys of the a. Membership and Dues
Supreme Court.
Statutory Basis
The IBP is essentially a semi-governmental entity, a Rule 139-A
private organization endowed with certain
governmental attributes. While it is composed of Section 9. Membership dues. — Every member of
lawyers who are private individuals, the IBP exists to the Integrated Bar shall pay such annual dues as
perform certain vital public functions and to assist the Board of Governors shall determine with the
the Government particularly in the improvement of approval of the Supreme Court. A fixed sum
the administration of justice, the upgrading of the equivalent to ten percent (10%) of the collection
standards of the legal profession, and its proper from each Chapter shall be set aside as a Welfare
regulation Fund for disabled members of the Chapter and
the compulsory heirs of deceased members
General Objectives of the IBP thereof.
(1) To elevate the standards of the legal
profession Section 10. Effect of non-payment of dues. —
(2) To improve the administration of justice Subject to the provisions of Section 12 of this
(3) To enable the Bar to discharge its public Rule, default in the payment of annual dues for
responsibility more effectively. six months shall warrant suspension of
membership in the Integrated Bar, and default in
Purpose of the IBP such payment for one year shall be a ground for
LEGAL AND JUDICIAL ETHICS
the removal of the name of the delinquent knowingly making a false statement or
member from the Roll of Attorneys. suppressing a material fact in connection with
26 his application for admission to the bar.
All persons whose names appear in the Roll of
Attorneys of the Supreme Court (having qualified for A lawyer must be a disciple of truth. While a lawyer
and passed the Bar examinations and taken their has the solemn duty to defend his client‘s rights and
attorney‘s oath, unless otherwise disbarred) are is expected to display the utmost zeal in defense of
members of the IBP. If any lawyer does not agree to his client‘s cause, his conduct must never be at the
join the organization and regulations (such as expense of truth.
payments of annual membership dues, now fixed at
P1,000), he does not become, or he ceases to be, an The concealment or withholding of the fact that an
IBP member, and at the same time his name is applicant has been charged with a crime is a ground
removed from the Roll of Attorneys. The effect of for disqualification of the applicant to take the bar
the removal is that he ceases to be an attorney. He exam or for the revocation of the license to
loses the privilege to practice law in the Philippines. practice. It is the fact of concealment and not the
"Integration does not make a lawyer a member of commission of the crime itself that makes a person
any group of which he is not already a member. He unfit to become a lawyer.
became a member of the Bar when he passed the
Bar examinations. All that integration actually does The Court may disbar or suspend a lawyer for
is to provide an official national organization for the misconduct, whether in his professional or private
well-defined but unorganized and incohesive group capacity, which shows him to be wanting in moral
of which every lawyer is already a member. character, in honesty, probity, and good demeanor,
thus proving unworthy to continue as an officer of
A membership fee in the Integrated Bar is an the court. [Young v. Batuegas, 403 SCRA 123 (2003)]
exaction for regulation, while the purpose of a tax is A declaration in one's application for Admission to
revenue. If the Court has inherent power to regulate the Bar Examinations that the applicant was "single",
the Bar, it follows that as an incident to regulation, when he was in fact married, was a gross
it may impose a membership fee for that purpose. It misrepresentation of a material fact made in utter
would not be possible to push through an Integrated bad faith, for which the applicant should be made
Bar program without means to defray the answerable. That false statement, if it had been
concomitant expenses. The doctrine of implied known, would have disqualified the applicant
powers necessarily includes the power to impose outright from taking the Bar Examinations as it
such an exaction. indubitably exhibits lack of good moral character.
[Leda v. Tabang]
The only limitation upon the State's power to
regulate the Bar is that the regulation does not Rule 7.02 – A lawyer shall not support the
impose an unconstitutional burden. The public application for admission to the bar of any
interest promoted by the integration of the Bar far person known by him to be unqualified in respect
outweighs the inconsequential inconvenience to a to character, education or other equivalent
member that might result from his required payment attribute
of annual dues." [In the matter of the Integration of
the Bar of the Philippines, (1973)] A lawyer should volunteer information or cooperate
in any investigation concerning alleged anomaly in
A lawyer can engage in the practice of law only by the bar examination so that those candidates who
paying his dues, and it does not matter if his failed therein can be ferreted out and those lawyers
practice is ―limited.‖ Moreover, senior citizens are responsible therefor can be disbarred [In re Parazo,
not exempted from paying membership dues. [Santos 82 Phil. 230 (1948)]
v. Llamas, 322 SCRA 529 (2000)]
A lawyer should not readily execute an affidavit of
The compulsory nature of payment of dues subsists good moral character in favor of an applicant who
for as long as one‘s membership in the IBP remains, has not live up to the standard set by law (Agpalo)
regardless of the extent of practice of a lawyer.
There is no exemption. As pointed out by IBP, Atty. Rule 7.03 – A lawyer shall not engage in conduct
Arevalo could have informed the Sec. of the Bar of that adversely reflects on his fitness to practice
his intention to stay abroad, in which case his IBP law, nor shall he, whether in public or private
membership could have been terminated and oblige life, behave in a scandalous manner to the
to pay annual dues discontinued. Membership in the discredit of the legal profession.
bar is a privilege burdened with conditions, one of
which is the payment of membership dues. [Letter It is not necessary for a lawyer to be convicted for
of Atty. Cecilio Arevalo, 458 SCRA 209 (2005)] an offense before a lawyer can be disciplined for
gross immorality. (Agpalo)
2. Upholding the Dignity and
Integrity of the Profession Some acts which adversely reflect on a lawyer‘s
fitness:
Statutory Basis (1) Having adulterous relationships or keeping
Rule 7.01 – A lawyer shall be answerable for mistresses. That "men by nature are
polygamous" is not an excuse. Saying that
LEGAL AND JUDICIAL ETHICS
Rule 10.02 - A lawyer shall not knowingly 2. Respect for Courts and Judicial
30 misquote or misrepresent the contents of a Officers
paper, the language or the argument of opposing
counsel, or the text of a decision or authority, or Statutory Basis
knowingly cite as law a provision already
CANON 11: Observe and Maintain the Respect Due
rendered inoperative by repeal or amendment,
to the Courts and Judicial Officers
or assert as a fact that which has not been
proved.
Related Statutory Basis
Rule 138, Sec. 20(b) Duties of attorneys. It is the
A lawyer who deliberately made it appear that the
duty of an attorney:
quotations in his motion for reconsiderations were
(b) to observe and maintain the respect due to the
findings of the Supreme Court, when they were just
courts of justice and judicial officers
part of the memorandum of the Court Administrator,
and who misspelled the name of the complainant
The Supreme Court of the Philippines is, under the
and made the wrong citation of authority is guilty of
Constitution, the last bulwark to which the Filipino
violation of Rule 10.02 of the Code. [COMELEC v.
people may resort to obtain relief for their
Noynay, 292 SCRA 254 (1998)]
grievances or protection of their rights. If the people
lose their confidence in the honesty and integrity of
…it is the bounden duty of courts, judges and
the members of the Court and believe that they
lawyers to reproduce or copy the same word-for-
cannot expect justice therefrom, they might be
word and punctuation mark-for-punctuation mark…
driven to take the law into their own hands, and
Only from this Tribunal‘s decisions and rulings do all
disorder and perhaps chaos might be the result.
other courts, as well as lawyers and litigants, take
Lawyers are duty bound to uphold the dignity and
their bearings…Ever present is the danger that if not
authority of the Court to promote the administration
faithfully and exactly quoted, the decisions and
of justice. Moreover, respect to the courts
rulings of this Court may lose their proper and
guarantees the stability of other institutions. [In re
correct meaning, to the detriment of other courts,
Sotto 82 Phil. 595 (1949)]
lawyers and the public who may thereby be misled.
[Insular Life Employees Co. v. Insular Life
…If a pleading containing derogatory, offensive and
Association, 37 SCRA 244 (1971)]
malicious statements is submitted in the same court
or judge in which the proceedings are pending, it is
The legal profession demands that lawyers
direct contempt, equivalent as it is to a misbehavior
thoroughly go over pleadings, motions and other
committed in the presence of or so near a court or
documents dictated or prepared by them, typed or
judge as to interrupt the administration of justice.
transcribed by their secretaries or clerks, before
Direct contempt is punishable summarily. [In re
filing them with the court. If a client is bound by
letter dated 21 February 2005 of Atty. Noel S.
the acts of his counsel, with more reason should
Sorreda, 501 SCRA 369 (2006)]
counsel be bound by the acts of his secretary who
merely follows his orders. [Adez Realty, Inc. v. CA,
Observing respect due to the courts means that a
215 SCRA 301 (1992)]
lawyer should:
(1) Conduct himself toward judges with courtesy
Rule 10.03 - A lawyer shall observe the rules of
everyone is entitled to expect [Paragas v
procedure and shall not misuse them to defeat the
Cruz, 14 SCRA 809 (1965)]
ends of justice.
(2) With the propriety and dignity required by
the courts. [Salcedo v Hernandez, 61 Phil.
Related Statutory Basis
729 (1935)]
Rule 138, Sec. 20(d) Duties of attorneys. It is the
duty of an attorney:
Rule 11.01 - A lawyer shall appear in court
(d) to employ, for the purpose of maintaining the
properly attired.
causes confided to him, such means only as are
consistent with truth and honor, and never seek to
Respect begins with the lawyer‘s outward physical
mislead the judge or any judicial officer by an
appearance in court. Sloppy or informal attire
artifice or false statement of fact of law.
adversely reflects on the lawyer and demeans the
dignity and solemnity of court proceedings. (Agpalo)
Filing of multiple petitions regarding the same
subject matter constitutes abuse of the court‘s
Traditional attires
processes and improper conduct that tends to
Males: Long-sleeve Barong Tagalog or coat and
obstruct and degrade the administration of justice….
tie
A deliberate misreading or misinterpretation of the
Females: Semi-formal attires.
law by a lawyer also falls under the injunction and
Judges also appear in the same attire in addition
puts him in public distrust. (Agpalo)
to black robes.
A lawyer should not abuse his right of recourse to
Courts have ordered a male attorney to wear a
the courts for the purpose of arguing a cause that
necktie and have prohibited a female attorney from
had been repeatedly rebuffed. [Garcia v. Francisco,
wearing a hat. However, the permission of a dress
65 SCAD 179, 220 SCRA 512 (1993)]
LEGAL AND JUDICIAL ETHICS
with a hemline five inches above the knee was held judges in a proper and respectful way and REVIEWER
through
to be acceptable as such ―had become an accepted legitimate channels is well recognized. The cardinal
mode of dress even in places of worship‖ (Aguirre) condition of all such criticism is that it shall be bona 31
fide, and shall not spill over the wall of decency and
A lawyer who dresses improperly may be cited with propriety. (Agpalo)
contempt. (Agpalo)
Any serious accusation against a judicial officer that
Rule 11.02 - A lawyer shall punctually appear at is utterly baseless, unsubstantiated and unjustified
court hearings. shall not be countenanced. [Go v. Abrogar, 485 SCRA
457]
Inexcusable absence from, or repeated tardiness in,
attending a pre-trial or hearing may subject the Rule 11.05 - A lawyer shall submit grievances
lawyer to disciplinary action as his actions show against a Judge to the proper authorities only.
disrespect to the court and are therefore considered
contemptuous behavior. [Agpalo] Related Statutory Basis
1987 Constitution, Art. VIII, Sec. 6. The
Non-appearance at hearings on the ground that the Supreme Court shall have administrative
issue to be heard has become moot and academic supervision over all courts and the personnel
[prisoner has been released in a petition for habeas thereof.
corpus] is a lapse in judicial propriety. [De Gracia v.
Warden of Makati, G.R. No. L-42032, January 9, The duty to respect does not preclude a lawyer from
1976] filing administrative complaints against erring
judges, or from acting as counsel for clients who
Rule 11.03 - A lawyer shall abstain from have legitimate grievances against them.
scandalous, offensive or menacing language or
behavior before the Courts. The lawyer shall not file an administrative case until
he has exhausted judicial remedies which result in a
A lawyer‘s language should be forceful but dignified, finding that the judge has gravely erred. (Agpalo)
emphatic but respectful as befitting an advocate and
in keeping with the dignity of the legal profession. Where a criminal complaint against a judge or other
[Surigao Mineral Reservation Board v. Cloribel, 31 court employees arises from their administrative
SCRA 1 (1970)] duties, the Ombudsman must defer action on said
complaint and refer the same to the SC for
Lawyers may use strong language to drive home a determination whether said judges or court
point; they have a right to be in pursuing a client‘s employees acted within the scope of their
cause [The British Co. v De Los Angeles (1975)] administrative duties. Otherwise, in the absence of
any administrative action, the investigation being
BUT: The use of abusive language by counsel against conducted by the Ombudsman encroaches into the
the opposing counsel constitutes at the same time a Court‘s power of administrative supervision over all
disrespect to the dignity of the court justice. courts and its personnel, in violation of the doctrine
Moreover, the use of impassioned language in of separation of powers. [Maceda v. Vasquez, 221
pleadings, more often than not, creates more heat SCRA 464 (1993)]
than light. [Buenaseda v. Flavier, 226 SCRA 645
(1993)] 3. Assistance in the Speedy and
Efficient Administration of
They cannot resort to scurrilous remarks that have
the tendency to degrade the courts and destroy the Justice
public confidence in them. [In re Almacen, 31 SCRA
562] Statutory Basis
CANON 12: Exert every effort. Duty to assist in
The Court does not close itself to comments and the Speedy and Efficient Administration of
criticisms so long as they are fair and dignified. Justice.
Going beyond the limits of fair comments by using
insulting, disparaging and, intemperate language Related Statutory Bases
necessitates and warrants a rebuke from the Court. 1987 Constitution, Art. III, Sec 6. All persons
While it is expected of lawyers to advocate their shall have the right to a speedy disposition of
client‘s cause, they are not at liberty to resort to their cases before all judicial, quasi-judicial, or
arrogance, intimidation and innuendo. [Sangalang v. administrative bodies.
IAC, 177 SCRA 87]
Rule 138, Sec 20(g). Duties of attorneys. – It is
Rule 11.04 - A lawyer shall not attribute to a the duty of an attorney…
Judge motives not supported by the record or g) not to encourage either the commencement or
have no materiality to the case. the continuance of an action or proceeding, or
delay any man‘s cause, from any corrupt motive
The rule allows such criticism so long as it is or interest.
supported by the record or it is material to the case.
A lawyer‘s right to criticize the acts of courts and Rule 12.01 - A lawyer shall not appear for trial
LEGAL AND JUDICIAL ETHICS
unless he has adequately prepared himself on the Forum shopping exists where the elements of litis
law and the facts of his case, the evidence he pendentia are present or where a final judgment in
32 will adduce and the order of its profference. He one case will amount to res judicata in the other.
should also be ready with the original documents Res judicata requires that there be a decision on the
for comparison with the copies. merits; by a court of competent jurisdiction; the
decision is final; and the two actions involved
Without adequate preparation, the lawyer may not identical parties, subject matter and causes of
be able to effectively assist the court in the efficient action. If one of these elements is absent, there is
administration of justice. Non-observance of this no forum shopping. [Alejandrino v CA, 295 SCRA 536
rule might result in: (1998)]
The postponement of the pre-trial or hearing,
which would thus entail delay in the early Forum shopping is prohibited by Supreme Court
disposition of the case Circular No. 28-91, which is now integrated in the
The judge may consider the client non-suited or Rules of Civil Procedure.
in default
The judge may consider the case deemed Rules of Court, Rule 7, Sec. 5:
submitted for decision without client‘s The plaintiff or principal party shall certify under
evidence, to his prejudice. (Agpalo) oath in the complaining or other initiatory
pleading asserting a claim for relief, or in a sworn
Half of the work of the lawyer is done in the office. certification annexed thereto and simultaneously
It is spent in the study and research. Inadequate filed therewith that:
preparation obstructs the administration of justice. 1. he has not theretofore commenced any
(Martin‘s Legal Ethics, p. 47, 1988 ed.) action or filed any claim involving the
same issues in any court, tribunal or quasi-
A newly hired counsel who appears in a case in the judicial agency and, to the best of his
midstream is presumed and obliged to acquaint knowledge, no such other action or claim
himself with all the antecedent processes and is pending therein; if there is such other
proceedings that have transpired in the record prior pending action or claim, a complete
to his takeover. [Villasis v. Court of Appeals, 60 statement of the present status thereof;
SCRA 120] and
2. if he should thereafter learn that the same
Rule 12.02 - A lawyer shall not file multiple or similar action or claim has been filed or
actions arising from the same cause. is pending, he shall report that fact within
five (5) days there from to the court
Rationale wherein his aforesaid complaint or
There is an affirmative duty of a lawyer to check initiatory pleading has been filed.
against useless litigations. His signature in every
pleading constitutes a certificate by him that to the Failure to comply with the foregoing
best of his knowledge there is a good ground to requirements shall not be curable by mere
support it and that it is not to interpose for delay. amendment of the complaint or other initiatory
The willful violation of this rule may subject him to pleading but shall cause for the dismissal of the
(1) appropriate disciplinary action or (2) render him case without prejudice, unless otherwise
liable for the costs of litigation. (Agpalo) provided, upon motion after hearing.
The law makes it the lawyer‘s duty to delay no man PD1829-Penalizing Obstruction of Justice
for money or malice. [Lawyer’s Oath; Artiaga vs. (h) threatening directly or indirectly
Villanueva, (1989)] another with the infliction of any wrong
upon his person, honor or property or that
Proper Behavior (Rule 12.05-12.07) of any immediate member or members of
his family in order to prevent such person
Rule 12.05 - A lawyer shall refrain from talking from appearing in the investigation of, or
to his witness during a break or recess in the official proceedings in, criminal cases, or
trial, while the witness is still under imposing a condition, whether lawful or
examination. unlawful, in order to prevent a person from
appearing in the investigation of or in
Rationale official proceedings in, criminal cases;
The purpose is to prevent the suspicion that he is (i) giving of false or fabricated information
coaching the witness what to say during the to mislead or prevent the law enforcement
resumption of the examination; to uphold and agencies from apprehending the offender or
maintain fair play with the other party and to from protecting the life or property of the
prevent the examining lawyer from being tempted to victim; or fabricating information from the
coach his own witness to suit his purpose. (Callanta) data gathered in confidence by investigating
authorities for purposes of background
Rule 12.06 - A lawyer shall not knowingly assist information and not for publication and
a witness to misrepresent himself or to publishing or disseminating the same to
impersonate another. mislead the investigator or to the court.
difference between the function of a witness and Newspaper publications regarding a pending or
that of an advocate. anticipated litigation may interfere with a fair trial,
34 function of a witness - to tell the facts as he prejudice the administration of justice, or subject a
recalls then in answer to questions respondent or a accused to a trial by publicity and
function of an advocate - is that of a partisan create a public inference of guilt against him
(Agpalo)
It is difficult to distinguish between the zeal of an
advocate and the fairness and impartiality of a It is bad enough to have such undue publicity when a
disinterested witness. The lawyer will find it hard to criminal case is being investigated by the
disassociate his relation to his client as an attorney authorities, even when it is being tried in court; but
and his relation to the party as a witness. (Agpalo) when said publicity is encouraged when the case is
on appeal and is pending consideration by this court,
When a lawyer is a witness for his client, except as the whole thing becomes inexcusable, even
to merely formal matters, such as the attestation or abhorrent. [Cruz v. Salva, 105 Phil 1151 (1951)]
custody of an instrument and the like, he should
leave the trial of the case to other counsel. Except RE: Request Radio-TV Coverage
when essential to the ends of justice, a lawyer Trial should not to be televised. The right of
should avoid testifying in court in behalf of his accused, who is in danger of losing his life and
client. [PNB v. Uy Teng Piao, 57 Phil 337 (1932)] liberty, to a fair trial, outweighs right of public to
information. Media exposure may unduly interfere
4. Reliance on Merits of His with the disposition of the trial.
Cause, Not From Improper
Rule 13.03 - A lawyer shall not brook or invite
Influence Upon the Courts interference by another branch or agency of the
government in the normal course of judicial
Statutory Basis proceedings.
CANON 13: Rely upon the merits of his cause and
refrain from any impropriety which tends to Basis
influence, or gives the appearance of influencing The principle of separation of powers (Aguirre)
the court.
A lawyer should know that a "complaint" against the
Rule 13.01 - A lawyer shall not extend justices of the Court's Second Division cannot be
extraordinary attention or hospitality to, nor filed with the Office of the President [Maglasang v.
seek opportunity for cultivating familiarity with People]
Judges.
Related rule
Related Statutory Basis Rule 11.05. A lawyer shall submit grievances
Code of Professional Ethics, Canon 3. A lawyer against a Judge to the proper authorities only.
should avoid marked attention and unusual
hospitality to a judge, uncalled for by the
personal relations of the parties, because they
D. The Clients
subject him and the judge to misconceptions of
motives. 1. Availability of Service Without
Discrimination
In order not to subject both the judge and the
lawyer to suspicion, the common practice of some
lawyers of making judges and prosecutors godfathers a. Services Regardless of
of their children to enhance their influence and their Person’s Status
law practice should be avoided by judges and
lawyers alike (Report of IBP Committee, p. 70.) Statutory Basis
CANON 14: Not Refuse Services to the Needy.
It is improper for a litigant or counsel to see a judge
in chambers and talk to him about a matter related Rule 14.01 - A lawyer shall not decline to
to the case pending in the court of said judge. represent a person solely on account of the
[Austria v. Masaquel, 20 SCRA 1247(1967)] latter’s race, sex, creed or status of life, or
because of his own opinion regarding the guilt of
Sec. 5, Art. 8 of the 1987 Constitution confers power said person.
to SC to supervise all activities of the IBP. The IBP
by-laws also recognize the full range of the power of Related Rules
supervision of the SC over the IBP. Rule 138, Sec. 20 (i), Duties of attorneys.
In the defense of a person accused of a crime, by
Rule 13.02 - A lawyer shall not make public all fair and honorable means, regardless of his
statements in the media regarding a pending personal opinion as to the guilt of the accused,
case tending to arouse public opinion for or to present every defense that the law permits,
against a party. to the end that no person may be deprived of life
or liberty but by due process of law.
Rationale
LEGAL AND JUDICIAL ETHICS
It is clearly unworthy of membership in the Bar An appellant who is not confined in prison may, upon
which requires dedication and zeal in the defense of request, be assigned a counsel de oficio within 10
his client's rights, a duty even more exacting when days from receipt of the notice to file brief and he
one is counsel de oficio. On such an occasion, the establishes his right thereto. [Sec. 2, Rule 124,
honor and respect to which the legal profession is Rules of Court]
entitled demand the strictest accountability of one
called upon to defend an impoverished litigant. He Rule 14.03 - A lawyer may refuse to accept
who falls in his obligation then has manifested a representation of an indigent client if:
diminished capacity to be enrolled in its ranks. a) he is not in a position to carry out the
[People v. Ingco, 42 SCRA 170 (1971)] work effectively or competently
b) he labors under a conflict of interests
Counsel de Officio between him and the prospective client
A counsel, appointed or assigned by the court, from or between a present client and the
among such members of the bar in good standing prospective client.
who by reason of their experience and ability, may
adequately defend the accused. Who is an indigent?
a person who has no visible means of income or
A counsel de oficio is expected to render effective whose income is insufficient for the subsistence
service and to exert his best efforts on behalf of an of his family, to be determined by the fiscal or
indigent accused. judge, taking into account the members of his
family dependent upon him for subsistence. –RA
Who may be appointed 6033
(1) a member of the bar in good standing an "indigent or low income litigant" shall include
(2) in localities without lawyers, any person of anyone who has no visible means of support or
good repute for probity and ability whose income does not exceed P300 per month
or whose income even in excess of P300 per
P.D. 543 (1974) authorized the designation of month is insufficient for the subsistence of his
municipal judges and lawyers in any branch of the family –RA 6035
government service to act as counsel de oficio for
the accused who are indigent in places where there RA 6033
are no available practicing lawyers. All courts shall give preference to the hearing
and/or disposition of criminal cases where an
Appointed by court depending on: indigent is involved either as the offended party or
the gravity of the offense accused.
the difficulty of the questions that may arise
LEGAL AND JUDICIAL ETHICS
A lawyer need not be the counsel-of-record of either Information relating to the identity of the client may
party. He does not have to publicly hold himself as fall within the ambit of the privilege when the
the counsel of the adverse party nor make efforts to client‘s name itself has an independent significance,
advance the adverse party‘s conflicting interests of such that disclosure would then reveal client
record. It is enough that the counsel had a hand in confidences. [Regala v. Sandiganbayan, 262 SCRA
the preparation of the pleading of one party. 122 (1996)]
EXCEPTION: When the parties agree, and for Rule 15.04 - A lawyer may, with the written
amicable settlement [Agpalo] consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
Conflict of interest
There is duty to contend for that which duty to An attorney‘s knowledge of the law and his
another client requires him to oppose. reputation for fidelity may make it easy for the
disputants to settle their differences amicably.
Tests to determine conflict of interest However, he shall not act as counsel for any of
(1) When there are conflicting duties them. (Agpalo)
(2) When the acceptance of the new relations
invites or actually lead to unfaithfulness or Generally an attorney is prohibited from
double-dealing to another client representing parties with contending positions.
(3) When the attorney will be called upon to use
against his first client any knowledge However at a certain stage of the controversy,
acquired in the previous employment before it reaches the court, a lawyer may represent
LEGAL AND JUDICIAL ETHICS
conflicting interests with the consent of the parties. certain ethical considerations may be operative in
[Dee v. CA 176 SCRA 651(1989)] one profession and not in the other. [Agpalo]
38
d. Candid and Honest Advice A lawyer is not barred from dealing with his client
to Clients but the business transaction must be characterized
with utmost honesty and good faith. Business
transactions between an attorney and his client are
Rule 15.05 - A lawyer, when advising his client
disfavored and discouraged by policy of law because
shall give a candid and honest opinion on the
by virtue of a lawyer‘s office, he is an easy position
merits and probable results of the client’s case,
to take advantage of the credulity and ignorance of
neither overstating nor understanding the
his client. Thus, there is no presumption of
prospects of the case.
innocence or improbability of wrongdoing in favor of
lawyers. [Nakpil v. Valdez, 286 SCRA 758 (1998)]
Related Statutory Basis
Code of Professional Ethics, Canon 8. Before
answering his client’s question, a lawyer should 3. Client’s Money and Properties
endeavor to obtain full knowledge of his client’s
cause. It is only after he shall have studied the CANON 16: Hold in trust all moneys and
case that he should advise his client on the properties of his client that may come into his
matter. possession.
A lawyer is bound to give candid and honest opinion Related Statutory Basis
on the merit or lack of merit of client‘s case, neither Civil Code, Art. 1491. ―The following persons
overstating nor understating the prospect of the cannot acquire or purchase, even at public or
case. He should also give an honest opinion as to the judicial auction, either in person or through the
probable results of the case, with the end in view of mediation of another:
promoting respect for the law and the legal (5) lawyers, with respect to the property and
processes. (Agpalo) rights which may be the object of any litigation
in which they take part by virtue of their
Rule 15.06 - A lawyer shall not state or imply profession.‖
that he is able to influence any public official,
tribunal or legislative body. Attorney-client relationship
Property or interest is in litigation
This rule protects against influence peddling. Some Attorney takes part as counsel in the case
prospective clients secure the services of a Purchase, acquisition by attorney, by himself or
particular lawyer or law firm precisely because he through another, during pendency of litigation
can exert a lot of influence on a judge and some
lawyers exact big fees for such influence (Agpalo) prohibition Includes mortgage of property in
litigation to the lawyer. In this case, acquisition is
merely postponed until foreclosure but effect is the
e. Compliance with Laws same. It also includes assignment of property
[Ordonio v. Eduarte, 207 SCRA 229 (1992)]
Rule 15.07 - A lawyer shall impress upon his
client compliance with the laws and the The purchase by a lawyer of the property in
principles of fairness. litigation from his client is categorically prohibited
by Article 1491, paragraph (5) of the Philippine Civil
Related Statutory Basis Code, and that consequently, plaintiff's purchase of
Civil Code, Art. 19. Every person must, in the the property in litigation from his client (assuming
exercise of his rights and in the performance of that his client could sell the same since as already
his duties, act with justice, give everyone his due shown above, his client's claim to the property was
and observe honesty and good faith. defeated and rejected) was void and could produce
no legal effect, by virtue of Article 1409, paragraph
f. Concurrent Practice of (7) of our Civil Code which provides that contracts
Another Profession ―expressly prohibited or declared void by law' are
"inexistent and that ―These contracts cannot be
Rule 15.08 - A lawyer who is engaged in another ratified. Neither can the right to set up the defense
profession or occupation concurrently with the of illegality be waived.‖ x x x Article 1491 of our
practice of law shall make clear to his client Civil Code (like Article 1459 of the Spanish Civil
whether he is acting as a lawyer or in another Code) prohibits in its six paragraphs certain persons,
capacity. by reason of the relation of trust or their peculiar
control over the property… [Rubias v. Batiller, G.R.
GENERAL RULE No. L-35702 (May 29, 1973)]
Exercise of dual profession is not prohibited but a
lawyer must make it clear when he is acting as a Art.1491 is not applicable:
lawyer and when he is otherwise, especially in a) When attorney is not counsel in case
occupations related to the practice of law. Reason: involving the same property at the time of
acquisition.
LEGAL AND JUDICIAL ETHICS
The relation of attorney and client is highly fiduciary Rule 18.03 - A lawyer shall not neglect a legal
40 in nature and is of a very delicate, exacting and matter entrusted to him, and his negligence in
confidential character. A lawyer is duty-bound to connection therewith shall render him liable.
observe candor, fairness and loyalty in all his
dealings and transactions with his clients. The If by reason of the lawyer‘s negligence, actual loss
profession, therefore, demands of an attorney an has been caused to his client, the latter has a cause
absolute abdication of every personal advantage of action against him for damages. However, for the
conflicting in any way, directly or indirectly, with lawyer to be held liable, his failure to exercise
the interest of his client. [Barnachea v. Quicho, 399 reasonable care, skill and diligence must be
SCRA 1 (2003)] proximate cause of the loss. [Callanta]
4. Fidelity to Client’s Cause Every case a lawyer accepts deserves his full
attention, diligence, skill and competence,
Statutory Basis regardless of its importance or whether he accepts
CANON 17: Fidelity to the cause of his client. Be for a fee or free. By agreeing to be someone‘s
mindful of the trust and confidence reposed in counsel, he represents that he will exercise ordinary
him. diligence or that reasonable degree of care and skill
demanded of the business he undertakes to do, to
When a lawyer takes a client‘s cause, he thereby protect the client‘s interests and take all steps or do
covenants that he will exert all effort for its all acts necessary thereof [Uy v Tansinin [AC No.
protection until its final conclusion. The failure to 8252 (July 21, 2009)].
exercise due diligence and the abandonment of a
client‘s cause make such a lawyer unworthy of the A client is entitled to the benefit of any and every
trust which the client has reposed on him. remedy and defense authorized by law, and is
[Cantilller v. Potenciano, 180 SCRA 246 (1989)] expected to rely on the lawyer to assert every such
remedy or defense [Garcia V. Bala [A.C. No.
No lawyer is obliged to act either as adviser or 5039(2005)].
advocate for every person who may wish to become
his client. He has the right to decline employment, Lawyers’ Negligence
except as prescribed in Canon 14 of the Code of
Professional Responsibility. But once he agrees to GENERAL RULE: Client is bound by attorney‘s
take up the cause of the client…No fear or judicial conduct, negligence and mistake in handling case or
disfavor or public unpopularity should restrain him in management of litigation and in procedural
from the full discharge of his duty. [Santiago v. technique, and he cannot be heard to complain that
Fojas, 248 SCRA 68 (1995)] result might have been different had his lawyer
proceeded differently.
5. Competence and Diligence
EXCEPTIONS:
(1) Where it results in outright deprivation of
Statutory Basis
client‘s liberty or property or where interest
CANON 18: Serve client with competence and
of justice so requires
diligence.
(2) Where error by counsel is purely technical
which does not affect substantially client‘s
a. Adequate Protection cause
(3) Ignorance, incompetence or inexperience of
Rule 18.02 – A lawyer shall not handle any legal lawyer is so great and error so serious that
matter without adequate preparation. client, who has good cause is prejudiced and
denied a day in court
Lawyer should safeguard his client‘s rights and (4) Gross negligence of lawyer
interests by thorough study and preparation; (5) Lack of acquaintance with technical part of
mastering applicable law and facts involved in a procedure.
case, regardless of the nature of the assignment;
and keeping constantly abreast of the latest Examples of negligence of attorneys
jurisprudence and developments in all branches of Failure of counsel to ask for additional time to
the law. [Agpalo] answer a complaint resulting in a default
judgment against his client [Mapua v. Mendoza,
A lawyer should give adequate attention, care and 45 Phil. 424(1993)].
time to his cases. This is the reason why a practicing Failure to bring suit immediately. When the
lawyer should accept only so many cases he can belated suit was filed, the defendant had
handle. Once he agrees to handle a case, he should already become insolvent and recovery could no
undertake the task with dedication and care. If he longer be had. The lawyer was declared liable
should do any less then he is not true to his oath as a to the client [Filinvest Land v. CA, 182 SCRA
lawyer. [Legarda v. CA, G. R. No. 94457, (March 18, 664(1990)]
1991)] Failure to ascertain date of receipt from post
office of notice of decision resulting in the non-
b. Negligence
LEGAL AND JUDICIAL ETHICS
perfection of the appellant‘s appeal [Joven-De When a lawyer accepts a case, whether for REVIEWER
a fee or
Jesus v. PNB, 12 SCRA 447]. not, his acceptance is an implied representation:
Failure to file briefs within the reglementary (1) that he possess the requisite degree of 41
period [People v. Cawili, 34 SCRA 728(1970)]. academic learning, skill and ability in the
Failure to attend to trial without filing a motion practice of his profession;
for postponement or without requesting either (2) that he will exert his best judgment in the
of his two partners in the law office to take his prosecution or defense of the litigation
place and appear for the defendants [Gaerlan v. entrusted to him;
Bernal, G.R. No. L-4049, (Jan. 28, 1952]). (3) that he will exercise reasonable and ordinary
Failure to appear at pre-trial [Agravante v. care and diligence in the pursuit or defense
Patriarca, 183 SCRA 113(1990)]. of the case; and
Failure of counsel to notify clients of the (4) that he will take steps as will adequately
scheduled trial which prevented the latter to safeguard his client‘s interests. [Islas v.
look to another lawyer to represent them while Platon, 47 Phil. 162]
counsel was in the hospital ([entura v. Santos,
59 Phil. 123(1993)]. However, whatever good intentions he may have, a
Failure to appear simply because the client did lawyer cannot ask another lawyer to collaborate
not go to counsel‘s office on the date of the with him in a particular case without the consent of
trial as was agreed upon [Alcoriza v. Lumakang, the client. The fiduciary nature of attorney-client
Adm. Case No. 249, (November 21, 1978)]. relationship prohibits this. (Aguirre)
Failure to pay the appellate docket fee after
receiving the amount for the purpose [Capulong Some cases involve specialized fields of law and
v. Alino, 22 SCRA 491(1968)]. require special training. A lawyer should not accept
an undertaking in specific area of law which he
Instances where the client is not bound by knows or should know he is not qualified to enter.
counsel’s negligence (Agpalo)
In the case of an irresponsible lawyer who
totally forgot about the case and failed to d. Duty to Apprise Client
inform his client of the decision, the Supreme
Court held that the client should not be bound Rule 18.04 - A lawyer shall keep the client
by the negligence of the counsel. [Republic v. informed of the status of his case and shall
Arro, 150 SCRA 630(1987)] respond within a reasonable period of time to
A party is not bound by the actions of his the client’s request for information.
counsel in case the gross negligence of the
counsel resulted in the client‘s deprivation of It was unnecessary to have complainants wait, and
his property without due process [Legarda v. hope, for six long years on their pension claims.
Court of Appeals, 195 SCRA 418(1991)]. Upon their refusal to co-operate, respondent should
―Where there is something fishy and suspicious have forthwith terminated their professional
about the actuations of the former counsel of relationship instead of keeping them hanging
petitioners in the case at bar, in the case he did indefinitely. [Blanza v. Arcangel, supra]
not give any significance at all to the processes
of the court, which has proven prejudicial to the
rights of said clients, under a lame and flimsy 6. Representation with Zeal
explanation that the courts processes just Within Legal Bounds
escaped his attention, it is held that the said
lawyer deprived his clients of their day in court Statutory Basis
[PHHC v. Tiongco, 12 SCRA 471(1964)]. CANON 19: Represent client with zeal within the
Application of the rule, ―results in the outright bounds of law.
deprivation of one‘s property through a
technicality.‖ [Escudero v. Dulay, 158 SCRA 69, a. Use of Fair and Honest
78(1988)]
In the case of an irresponsible lawyer who
Means
totally forgot about the case and failed to
inform his client of the decision, the Supreme Rule 19.01 - A lawyer shall employ only fair and
honest means to attain the lawful objectives of
Court held that the client should not be bound
his client and shall not present, participate in
by the negligence of the counsel. [Republic vs.
Arro, et al., 150 SCRA 630 (1987)] presenting or threaten to present unfounded
criminal charges to obtain an improper
advantage
c. Collaborating Counsel
Related Statutory Basis
Rule 18.01 - A lawyer shall not undertake a legal Rule 138, Sec. 20(d). Duties of attorneys. It is
service which he knows or should know that he is the duty of an attorney: to employ, for the
not qualified to render. However he may render purpose of maintaining the causes confided to
such service if, with the consent of his client, he him, such means only as are consistent with
can obtain as collaborating counsel a lawyer who truth and honor, and never seek to mislead the
is competent on the matter. judge or any judicial officer by an artifice or
LEGAL AND JUDICIAL ETHICS
7. Attorney’s Fees
LEGAL AND JUDICIAL ETHICS
knowledge and consent of the client, accept any An attorney‘s fee is an indemnity for damages
fee, reward, costs, commission, interest, rebate ordered by the court to be paid by the losing party
44 or forwarding allowances or other compensation to the prevailing party in a litigation. The basis of
whatsoever related to his professional this is any of the cases authorized by law and is
employment from any one other than the client. payable not to the lawyer but to the client – unless
they have agreed that the award shall pertain to the
Related Statutory Basis lawyer as additional compensation or as part
Rule 138, Sec. 20(e). Duties of attorneys. It is the thereof. [Traders Royal Bank Employees Union-
duty of an attorney… to accept no compensation Independent v. NLRC, G.R. No. 120592, (March 14,
in connection with his client's business except 1997)]
from him or with his knowledge and approval.
Factors of the value (Rule 138, Sec, 24)
Rationale (1) the importance of the subject matter of
This ensures protection of lawyers in collection of controversy;
fees. It is also designed to secure the lawyer‘s (2) the extent of the services rendered; and
wholehearted fidelity to the client‘s cause and to (3) the professional standing of the attorney.
prevent that situation in which the receipt by him of
a rebate or commission from another in connection Additionally, the court is not bound by the opinion of
with the client‘s cause may interfere with the full attorney‘s as expert witness as to proper
discharge of his duty to the client. The amount compensation and that written contract shall control
received by lawyer from opposite party or third the amount paid unless found by the court to be
persons in the service of his client belongs to the unconscionable or reasonable.
client except when the latter has full knowledge and
approval of lawyer‘s taking (Agpalo) According to jurisprudence, the court may also take
into consideration the client‘s capacity to pay.
Rule 20.04 - A lawyer shall avoid controversies
with clients concerning his compensation and shall Modes of payment
resort to judicial action only to prevent A fixed or absolute fee which is payable
imposition, injustice or fraud. regardless of the result of the case
A contingent fee that is conditioned to the
Judicial actions to recover attorney’s fees securing of a favorable judgment and recovery
(1) file an appropriate motion or petition as an of money or property and the amount of which
incident in the main action where he may be on a percentage basis
rendered legal services; A fixed fee payable per appearance
(2) file a separate civil action for collection of A fixed fee computed by the number of hours
attorney‘s fees. spent
A fixed fee based on a piece of work
Suits to collect fees should be avoided and only A combination of any of the above stipulated
when the circumstances imperatively require should fees.
a lawyer resort to lawsuit to enforce payment of
fees. This is but a logical consequence of the legal Compensation to which Lawyer is Entitled
profession not primarily being for economic Depending on His Capacity
compensation. [Agpalo]
Counsel de Parte – He is entitled to a reasonable
An attorney-client relationship can be created by attorney‘s fees agreed upon or in the absence
implied agreement, as when the attorney actually thereof, on quantum meruit basis.
rendered legal services for a person who is a close
friend. The obligation of such a person to pay Counsel de Oficio – The counsel may not demand
attorney‘s fees is based on the law of contracts‘ from the accused attorney‘s fees even if he wins the
concept of facio ut des (no one shall unjustly enrich case. He may however collect from the government
himself at the expense of others.) [Corpuz v. CA, 98 funds if available based on the amount fixed by the
SCRA 424 (1980)] court.
REVIEWER
duty or of inexcusable negligence or ignorance,
Amicus Curiae – not entitled to attorney‘s fees. shall prejudice his client, or reveal any of the
secrets of the latter learned by him in his 45
Counsel Cannot Recover Full Amount Despite professional capacity.
Written Contract
(1) When the services were not performed, and The same penalty shall be imposed upon an
the lawyer withdrew before the case was attorney-at-law or solicitor (procurador judicial)
finished, he will be allowed only reasonable who, having undertaken the defense of a client
fees or having received confidential information from
(2) When there is justified dismissal of an said client in a case, shall undertake the defense
attorney, the contract will be nullified and of the opposing party in the same case, without
payment will be on quantum meruit basis the consent of his first client.
(3) When the stipulated fees are
unconscionable Duty to preserve client's confidence
(4) When the stipulated fees are in excess of Neither attorney nor client nor anyone who
what is expressly provided by law stands in a peculiar relation of confidence with
(5) When the lawyer is guilty of fraud or bad either of them can be compelled to disclose any
faith in the manner of his employment privileged communication.
(6) When the counsel‘s services are worthless This canon also applies to prospective clients.
because of negligence Formerly, in order that a communication shall
(7) When the contract is contrary to laws, be privileged, the attorney-client relationship
morals, and good policies should exist at the time of communication. But
at present, communication made by prospective
The mere fact that an agreement had been reached client is covered for as long as it is made to the
between attorney and client fixing the amount of lawyer in his professional capacity.
the attorney's fees, does not insulate such
agreement from review and modification by the Duration of duty
Court where the fees clearly appear to be excessive The lawyer‘s duty to maintain inviolate his client‘s
or unreasonable. [Tanhueco v. De Dumo, 172 SCRA confidence is perpetual. It outlasts even the
760 (1989)] lawyer‘s employment. He may not do anything which
will injuriously affect his former client nor may he at
8. Preservation of Client’s any time disclose or use against him any knowledge
Confidences or information acquired by virtue of professional
relationship. Neither does not cease with the
Statutory Basis termination of the litigation nor is it affected by the
CANON 21: Preserve the confidence and secrets party‘s ceasing to employ the attorney and retaining
of his client after the attorney-client another, or by any other change of relation between
relationship is terminated. them. It even survives the death of the client.
[Genato v. Silapan 453 Phil. 910 (2003)]
Related Statutory Bases
The work product of the lawyer, including his effort
Rule 138, 20(e). Duties of attorneys.—It is the
and researches, contained in his files is confidential
duty of an attorney:
even after his death. Contents of lawyer‘s files may
(e) To maintain inviolate the confidence, and at
not be disclosed without a client‘s consent.
every peril to himself, to preserve the secrets of
his client, and to accept no compensation in
Exceptions
connection with his client's business except from
(1) Some privileged communications lose their
him or with his knowledge and approval;
privileged character by some supervening
Rule 130, sec. 21(b). Privileged communication.
act done pursuant to the purpose of the
—An attorney cannot, without the consent of his
communication (e.g. a communication
client, be examined as to any communication
intended by the client to be sent to a third
made by the client to him, or his advice given
person through his attorney loses
thereon in the course of professional
confidential character once it reached the
employment; nor can an attorney's secretary,
third party).
stenographer, or clerk be examined, without the
(2) The privilege against disclosure of
consent of the client and his employer,
confidential communications or information
concerning any fact the knowledge of which has
is limited only to communications which are
been acquired in such capacity.
legitimately and properly within the scope
of a lawful employment of a lawyer. It does
Art. 209 Revised Penal Code. Betrayal of trust not extend to those made in contemplation
by an attorney or solicitor—Revelation of of a crime or perpetration of a fraud. It is
secrets.—In addition to the proper administrative not within the profession of a lawyer to
action, the penalty of prision correccional in its advise a client as to how he may commit a
minimum period, or a fine ranging from 200 to crime. Thus, the attorney-client privilege
1,000 pesos, or both, shall be imposed upon any does not attach, there being no professional
attorney-at-law or solicitor ( procurador judicial) employment in the strict sense.
who, by any malicious breach of professional
LEGAL AND JUDICIAL ETHICS
ensure that this is being followed. The c. When necessary to collect his fees or to defend
prohibition against a lawyer from divulging the himself, his employees or associates or by judicial
48 confidences and secrets of his clients will action.
become futile exercise if his clerical aids are
given liberty to do what is prohibited of the 9. Withdrawal of Services
lawyer. (EX. Signing of confidentiality contract)
Statutory Basis
Rule 21.06 – A lawyer shall avoid indiscreet CANON 22: Withdraw services only for good
conversation about a client’s affairs even with cause and upon notice appropriate in the
members of his family. circumstances.
A lawyer must not only preserve the confidences and Termination of Attorney-Client Relation
secrets of his clients in his law office but also (1) Withdrawal of lawyer under Rule 22.01
outside including his home. He should avoid (2) Death of the lawyer
committing calculated indiscretion, that is, (3) Disbarment or suspension of the lawyer
accidental revelation of secrets obtained in his from the practice of law
professional employment. Reckless or imprudent (4) Declaration of presumptive death of lawyer
disclosure of the affairs of his clients may jeopardize (5) Conviction of a crime and imprisonment of
them. Not every member of the lawyer‘s family has lawyer
the proper orientation and training for keeping (6) Discharge or dismissal of the lawyer by the
client‘s confidences and secrets. client
(7) Appointment or election of a lawyer to a
Rule 21.07 – A lawyer shall not reveal that he government position which prohibits private
has been consulted about a particular case practice of law
except to avoid possible conflict of interests. (8) Death of client
(9) Intervening incapacity or incompetence of
Rule 15.01 - A lawyer, in conferring with a the client during pendency of case
prospective client, shall ascertain as soon as (10) Full termination of the case
practicable whether the matter would involve a
conflict with another client or his own interest, General rule
and if so, shall forthwith inform the prospective The client has the right to terminate at any time
client. with or without just cause.
However, the suspended or disbarred lawyer may court by positive evidence that the effortREVIEWER
he has
appear as counsel for himself, the same not being made toward the rehabilitation of his character has
practice of law but the exercise of a right. been successful. [In re Rusiana, 56 SCRA 240] 53
A judgment of suspension or disbarment is always A PREVIOUSLY DISBARRED LAWYER who is given
subject to change or modification by the court. absolute pardon by the President is not
automatically reinstated, he must still file a petition
for reinstatement with the SC.
education activities approved by the MCLE The initial compliance period after admission or
Committee. Of the 36 hours: readmission shall begin on the first day of the
54 a. At least six (6) hours shall be devoted to month of admission or readmission and shall end
legal ethics equivalent to six (6) credit on the same day as that of all other members in
units. the same Compliance Group.
b. At least four (4) hours shall be devoted to
trial and pretrial skills equivalent to four a. Where four (4) months or less remain of
(4) credit units. the initial compliance period after
c. At least five (5) hours shall be devoted to admission or readmission, the member is
alternative dispute resolution equivalent not required to comply with the program
to five (5) credit units. requirement for the initial compliance.
d. At least nine (9) hours shall be devoted to b. Where more than four (4) months remain
updates on substantive and procedural of the initial compliance period after
laws, and jurisprudence equivalent to admission or readmission, the member
nine (9) credit units. shall be required to complete a number
e. At least four (4) hours shall be devoted to of hours of approved continuing legal
legal writing and oral advocacy equivalent education activities equal to the number
to four (4) credit units. of months remaining in the compliance
f. At least two (2) hours shall be devoted to period in which the member is admitted
international law and international or readmitted. Such member shall be
conventions equivalent to two (2) credit required to complete a number of hours
units. of education in legal ethics in proportion
g. The remaining six (6) hours shall be to the number of months remaining in
devoted to such subjects as may be the compliance period. Fractions of
prescribed by the MCLE Committee hours shall be rounded up to the next
equivalent to six (6) credit units. whole number.
C. Compliance D. Exemptions
Lecturers of the Philippine Judicial Academy; Commitee on Legal Education and BarREVIEWER
Matters,
and informing the Court of the diminishing interest of
l. Governors and Mayors. the members of the Bar in the MCLE requirement 55
program.
SEC. 2. Other parties exempted from the MCLE.
- The following Members of the Bar are likewise The Court further resolved, upon the
exempt: recommendation of the Committee on Legal
a. Those who are not in law practice, private or Education and Bar Matters, to REQUIRE practicing
public. members of the bar to INDICATE in all pleadings filed
b. Those who have retired from law practice before the courts of quasi-judicial bodies, the
with the approval of the IBP Board of number and date of issue of their MCLE Certificate
Governors. of Compliance or Certificate of Exemption, as may
SEC. 3. Good cause for exemption from or be applicable, for the immediately preceding
modification of requirement - A member may compliance period. Failure to disclose the required
file a verified request setting forth good cause for information would cause the dismissal of the case
exemption (such as physical disability, illness, and the expunction of the pleadings from the
post graduate study abroad, proven expertise in records.
law, etc.) from compliance with or modification
of any of the requirements, including an extension
of time for compliance, in accordance with a CHAPTER VI. NOTARIAL PRACTICE
procedure to be established by the MCLE
Committee. A. QUALIFICATIONS OF NOTARY PUBLIC
B. TERM OF OFFICE OF NOTARY PUBLIC
SEC. 4. Change of status. - The compliance C. POWERS AND LIMITATIONS
period shall begin on the first day of the month in D. NOTARIAL REGISTER
which a member ceases to be exempt under E. JURISDICTION OF NOTARY PUBLIC AND
Sections 1, 2, or 3 of this Rule and shall end on PLACE OF NOTARIZATION
the same day as that of all other members in the F. REVOCATION OF COMMISSION
same Compliance Group.
G. COMPETENT EVIDENCE OF IDENTITY
H. SANCTIONS
SEC. 5. Proof of exemption. - Applications for
exemption from or modification of the MCLE
NOTARY PUBLIC or a notary is any person
requirement shall be under oath and supported by
commissioned to perform official acts
documents.
acknowledgements;
oaths and affirmations;
E. Sanctions jurats;
signature witnessing;
Statutory Bases copy certifications; and
RULE 13 SECTION 1. Non-compliance fee. - A any other act authorizes in the rules
member who, for whatever reason, is in non-
compliance at the end of the compliance period Purpose
shall pay a non-compliance fee. To verify the personal appearance of affiant and the
genuineness of signature
SEC. 2. Listing as delinquent member. - A
member who fails to comply with the To authenticate document and verify due execution,
requirements after the sixty (60) day period for making document admissible in evidence without
compliance has expired, shall be listed as a proof of authenticity
delinquent member of the IBP upon the
recommendation of the MCLE Committee. The Notarization is not an empty, meaningless, routinary
investigation of a member for non-compliance act. It is invested with substantive public interest,
shall be conducted by the IBP's Commission on Bar such that only those who are qualified or authorized
Discipline as a fact-finding arm of the MCLE may act as notaries public…A notarial document is by
Committee. law entitled to full faith and credit upon its face.
Courts, administrative agencies and the public at
SEC. 3. Accrual of membership fee. - large must be able to rely upon the
Membership fees shall continue to accrue at the acknowledgement executed by a notary public.
active rate against a member during the period [Baylon v. Almo, (2008)]
he/she is listed as a delinquent member.
A. Qualifications of Notary Public
NOTE: Bar Matter No. 1922 - Re: Recommendation of
the Mandatory Continuing Legal Education (MCLE) 1) Citizen of the Philippines
Board to Indicate in All Pleadings Filed with the 2) Over 21 years of age
Courts the Counsel's MCLE Certificate of Compliance 3) Philippine resident for at least 1 year and
or Certificate of Exemption. - The Court resolved to maintains a regular place of work or
NOTE the Letter, dated May 2, 2008, of Associate business in the city or province where the
Justice Antonio Eduardo B. Nachura, Chairperson, commission is to be issued
LEGAL AND JUDICIAL ETHICS
the Executive Judge within the first is sacrosanct. [Maligsa v. Catanting, 272 SCRA 408
ten (10) days of the month following; (1997)]
58 4. fails to affix to acknowledgments the
date of expiration of his commission; H. Sanctions
5. fails to submit his notarial register,
when filled, to the Executive Judge;
RULE XI Sec. 1. Revocation and Administrative
6. fails to make his report, within a
reasonable time, to the Executive Sanctions. –
Judge concerning the performance of a. Upon verified complaint by an interested,
his duties, as may be required by the affected or aggrieved person, the notary
judge; public shall
7. fails to require the presence of a 1. be required to file a verified answer
principal at the time of the notarial to the complaint.
act; 2. If the answer of the notary public is
8. fails to identify a principal on the not satisfactory, the Executive Judge
basis of personal knowledge or shall conduct a summary hearing.
3. If the allegations of the complaint are
competent evidence;
not proven, the complaint shall be
9. executes a false or incomplete
dismissed.
certificate under Section 5, Rule IV;
10. knowingly performs or fails to perform 4. If the charges are duly established,
any other act prohibited or mandated the Executive Judge shall impose the
by these Rules; and appropriate administrative sanctions.
11. commits any other dereliction or act 5. In either case, the aggrieved party
which in the judgment of the may appeal the decision to the
Executive Judge constitutes good Supreme Court for review. Pending
cause for revocation of commission or the appeal, an order imposing
imposition of administrative sanction. disciplinary sanctions shall be
immediately executory, unless
otherwise ordered by the Supreme
G. Competent Evidence of Identity Court.
b. The Executive Judge may motu proprio
Competent Evidence of Identity. - refers to the initiate administrative proceedings against a
identification of an individual based on: notary public, subject to the procedures
a. at least one current identification prescribed in paragraph (c) above and
document issued by an official agency impose the appropriate administrative
bearing the photograph and signature of the sanctions on the grounds mentioned in the
individual; or preceding paragraphs (a) and (b).
b. the oath or affirmation of
one credible witness not privy to the
instrument, document or transaction
who is personally known to the notary
public and who personally knows the
individual, or
of two credible witnesses neither of
whom is privy to the instrument,
document or transaction who each
personally knows the individual and
shows to the notary public
documentary identification.
CHAPTER I. SOURCES
A. NEW CODE OF JUDICIAL CONDUCT FOR THE CHAPTER II. QUALITIES
PHILIPPINE JUDICIARY (BANGALORE A. CANON 1: INDEPENDENCE
DRAFT) B. CANON 2: INTEGRITY
B. CODE OF JUDICIAL CONDUCT C. CANON 3: IMPARTIALITY
D. CANON 4: PROPRIETY
Judicial Ethics E. CANON 5: EQUALITY
Branch of moral science which treats of the right and F. CANON 6: COMPETENCE AND DILIGENCE
proper conduct to be observed by all judges and
magistrates in trying and deciding controversies
brought to them for adjudication which conduct
A. Independence
must be demonstrative of impartiality, integrity,
competence, independence and freedom from CANON 1 - JUDICIAL INDEPENDENCE IS A PRE-
improprieties. REQUISITE TO THE RULE OF LAW AND A
FUNDAMENTAL GUARANTEE OF A FAIR TRIAL. A
Judge JUDGE SHALL THEREFORE UPHOLD AND EXEMPLIFY
A public officer who, by virtue of his office, is JUDICIAL INDEPENDENCE IN BOTH ITS INDIVIDUAL
clothed with judicial authority, a public officer AND INSTITUTIONAL ASPECTS.
lawfully appointed to decide litigated questions in
accordance with law. Memory Aid for Sections under Canon 1:
Independent judicial function (Sec. 1)
De Jure Judge Outside pressure (Sec. 2)
One who is exercising the office of judge as a matter Influencing outcome of litigation (Sec. 3)
of right; an officer of a court who has been duly and Influence on judicial conduct (Sec. 4)
legally appointed, qualified and whose term has not Independence from executive and legislative
expired. (Sec. 5)
Independence from society and particular
De Facto Judge parties (Sec. 6)
An officer who is not fully invested with all the Safeguards for judicial independence (Sec. 7)
powers and duties conceded to judges, but is Promote Public confidence (Sec. 8)
exercising the office of a judge under some color of
right. Sec. 1. Judges shall exercise the judicial
function independently on the basis of their
Qualifications of SC members: assessment of the facts and in accordance with a
a) Natural born citizen conscientious understanding of the law, free of
b) At least 40 years of age any extraneous influence, inducement, pressure,
c) Must have been for at least 15 years a judge threat or interference, direct or indirect, from
of a lower court or engaged in the practice any quarter or for any reason.
of law [Sec. 7 (1), Art. VIII, 1987
Constitution] A judge found defendants guilty beyond reasonable
doubt of the crime of Rape with Homicide. However,
Qualifications of RTC judges: he sentenced the accused with reclusion perpetua
a) Natural-born citizen
instead of the death, as unequivocally required by
b) At least 35 years of age
c) For at least 10 years has been engaged in RA 7659. A court of law is no place for a protracted
the practice of law in the Philippines or has debate on the morality or propriety of the sentence,
held public office requiring admission to the where the law itself provides for the sentence of
practice of law as an indispensable requisite death as a penalty in specific and well-defined
instances. [People v. Veneracion, 249 SCRA 244
Qualifications of MTC judges: (1995)]
a) Natural-born citizen of the Philippines;
b) At least 30 years of age;
c) For at least five years has been engaged in
the practice of law in the Philippines or has
held public office requiring admission to the
LEGAL AND JUDICIAL ETHICS
Mass media has its duty to fearlessly but faithfully impartiality of the judge. [Padilla v. Zantua, 237
inform the public about events and persons. SCRA 670 (1994)]
60 However, when a case has received wide and Sec. 5. Judges shall not only be free from
sensational publicity, the trial court should be inappropriate connections with, and influence
by, the executive and legislative branches of
doubly careful not only to be fair and impartial but
government, but must also appear to be free
also to give the appearance of complete objectivity therefrom to a reasonable observer.
in its handling of the case. [Go v. Court of Appeals,
206 SCRA 165] While it is true that Justice Sabio could not have
possibly known prior to his brother's call that his
Sec. 2. In performing judicial duties, Judges brother intended to speak to him about the Meralco-
shall be independent from judicial colleagues in GSIS case, the fact remains that Justice Sabio
respect of decisions which the judge is obliged to continued to entertain a call from his brother, who
make independently. also happens to be an officer of the executive
branch, despite realizing that the conversation was
The discretion of the Court to grant bail must be going to involve a pending case. Justice Sabio asks
based on the Court‘s determination as to whether or the Court if he should have immediately slammed
the phone on his brother. Certainly, such boorish
not the evidence of guilt is strong.
behavior is not required. However, as soon as Justice
Sabio realized that his brother intended to discuss a
This discretion may be exercised only after the
case pending before him or in his division, Justice
evidence has been submitted at the summary Sabio should have respectfully but firmly ended the
hearing conducted pursuant to Sec. 7 of Rule 114 of discussion….That Justice Sabio did not do as his
the Rules. Respondent‘s admission that he granted brother asked is of no moment. Section 5, Canon 1
bail to an accused upon the request of a of the Code of Judicial Conduct maintains such a
Congressman, despite his belief that the evidence of high bar of ethical conduct that actual influence is
not a prerequisite before a violation is deemed
guilt against said is strong, is indeed reprehensible.
committed. If a magistrate's actions allow even just
[Tahil v. Eisma, 64 SCRA 378 (1975)] the appearance of being influenced, it is deemed a
violation. [Re: Letter of Presiding Justice Conrado
Sec. 3. Judges shall refrain from influencing in M. Vasquez, Jr. A.M. No. 08-8-11-CA]
any manner the outcome of litigation or dispute
pending before another court or administrative Sec. 6. Judges shall be independent in relation
agency. to society in general and in relation to the
particular parties to a dispute which he or she
has to adjudicate.
Interference by members of the bench in pending
suits with the purpose of influencing the course or [Respondent‘s] act of sending a member of his staff
the result of the litigation subvert the independence to talk with complainant and show copies of his draft
of the judiciary. [Sabitsana, Jr. v. Villamor, 202 decisions, and his act of meeting with litigants
SCRA 445 (1991)] outside the office premises beyond office hours
violate the standard of judicial conduct required to
be observed by members of the Bench. [Tan v.
Sec. 4. Judges shall not allow family, social, or
Rosete, A.M. No. MTJ-04-1563, (September 8, 2004)]
other relationships to influence judicial conduct
or judgment. The prestige of judicial office shall
not be used or lent to advance the private Sec. 7. Judges shall encourage and uphold
interests of others, nor convey or permit others safeguards for the discharge of judicial duties in
to convey the impression that they are in a order to maintain and enhance the institutional
special position to influence the judge. and operational independence of the judiciary.
―Judge‘s family‖ includes a judge‘s spouse, son, The Code of Judicial Conduct mandates judges to
daughter, son-in-law, daughter-in-law, and any other administer justice without delay and directs every
relative by consanguinity or affinity within the sixth judge to dispose of the court‘s business promptly
civil degree, or person who is a companion or within the period prescribed by the law and the
employee of the judge and who lives in the judge‘s rules… Delay ultimately affects the image of the
household. [Definitions, Bangalore Draft] judiciary. Failure to comply with the mandate of the
Constitution and of the Code of Judicial Conduct
Constant company with a lawyer tends to breed constitutes serious misconduct, which is detrimental
intimacy and camaraderie to the point that favors in to the honor and integrity of a judicial office.
the future may be asked from respondent judge Inability to decide a case despite the ample time
which he may find hard to resist. The actuation of prescribed is inexcusable, constitutes gross
respondent Judge of eating and drinking in public inefficiency, and warrants administrative sanction of
places with a lawyer who has pending cases in his the defaulting judge. [Salud v. Alumbres, 404 SCRA
sala may well arouse suspicion in the public mind, 411]
thus tending to erode the trust of the litigants in the
Sec. 8. Judges shall exhibit and promote high
standards of judicial conduct in order to
LEGAL AND JUDICIAL ETHICS
reinforce public confidence in the judiciary Frequenting casinos and cock fights REVIEWER
which is fundamental to the maintenance of Incompetence
judicial independence. Conducting hearings in their residence 61
Using intemperate language
[A judge] should always be imbued with a high sense
of duty and responsibility in the discharge of his Ignorance of the law is a mark of incompetence
obligation to promptly and properly administer When the inefficiency springs from a failure to
justice. He must view himself as a priest for the consider so basic and elemental a rule, a law or
administration of justice is akin to a religious principle in the discharge of his duties, a judge is
crusade. [Dimatulac et al v. Villon, 297 SCRA 679] either too incompetent and undeserving of the
position and title he holds, or he is too vicious that
B. Integrity the oversight or omission was deliberately done in
bad faith and in grave abuse of judicial authority. In
CANON 2 – INTEGRITY IS ESSENTIAL NOT ONLY TO
both instances, the judge's dismissal is in order.
THE PROPER DISCHARGE OF THE JUDICIAL OFFICE
[Macalintal v. Teh, A.M. No. RTJ-97-1375, )October
BUT ALSO TO THE PERSONAL DEMEANOR OF
16, 1997)]
JUDGES.
Sec. 2. The behavior and conduct of judges must
Memory Aid for Sections under Canon 2
reaffirm the people's faith in the integrity of the
Conduct above reproach (Sec. 1)
judiciary. Justice must not merely be done but
Reaffirm people‘s faith (Sec. 2)
must also be seen to be done.
Disciplinary action (Sec. 3)
"Justice must not merely be done but must also be
While the 1989 Code grouped the values of integrity
seen to be done‖
and independence together, the New Code of
This phrase emphasizes the importance of the public
Judicial Conduct has separated them, emphasizing
perception of the judiciary, not because the judicial
the need for judges to maintain a life of personal
department intends to be influenced thereby, but
and professional integrity in order to properly carry
because it is essential that public confidence is
out their judicial functions.
always reposed in the judicial systems and
processes.
Sec. 1. Judges shall ensure that not only is their
conduct above reproach, but that it is perceived
[a] judge's official conduct and his behavior in the
to be so in the view of a reasonable observer.
performance of judicial duties should be free from
the appearance of impropriety and must be beyond
[W]e have repeatedly admonished our judges to
reproach. One who occupies an exalted position in
adhere to the highest tenets of judicial conduct.
the administration of justice must pay a high price
They must be the embodiment of competence,
for the honor bestowed upon him, for his private as
integrity and independence. The exacting standards
well as his official conduct must at all times be free
of conduct demanded from judges are designed to
from the appearance of impropriety. Because
promote public confidence in the integrity and
appearance is as important as reality in the
impartiality of the judiciary because the people's
performance of judicial functions, like Caesar's wife,
confidence in the judicial system is founded not only
a judge must not only be pure but also beyond
on the magnitude of legal knowledge and the
suspicion. A judge has the duty to not only render a
diligence of the members of the bench, but also on
just and impartial decision, but also render it in such
the highest standard of integrity and moral
a manner as to be free from any suspicion as to its
uprightness they are expected to possess. When a
fairness and impartiality, and also as to the judge's
judge becomes the transgressor of any law which he
integrity. * * * It is obvious, therefore, that while
is sworn to apply, he places his office in disrepute,
judges should possess proficiency in law in order that
encourages disrespect for the law and impairs public
they can competently construe and enforce the law,
confidence in the integrity and impartiality of the
it is more important that they should act and behave
judiciary itself. It is therefore paramount that a
in such a manner that the parties before them
judge's personal behavior both in the performance of
should have confidence in their impartiality.
his duties and daily life, be free from any
[Sibayan-Joaquin v. Javellana, A.M. No. RTJ- 00-
appearance of impropriety as to be beyond
1001, (Nov 13, 2001]
reproach. [Tan v. Rosete, A.M. No. MTJ-04-1563,
(Sep 8, 2004)]
A judge must not only be honest but also appear to
be so; not only be a good judge, but also a good
Judges have been penalized for:
person. [Dawa v. De Asa, A.M. No. MTJ-98-1144,
Demanding and/or accepting bribes (July 22, 1998)]
Fraternizing with litigants and/or lawyers
Altering orders A judge must be free of a whiff of impropriety not
Delay in rendering only with respect to his performance of his judicial
Sexual harassment of employees duties, but also to his behavior outside his sala and
Ignorance of the law as a private individual. There is no dichotomy of
Keeping and/or flaunting a mistress morality: a public official is also judged by his
Inebriated behavior private morals. [Castillo v. Calanog (1991)]
LEGAL AND JUDICIAL ETHICS
Sec. 3. Judges should take or initiate stigmatized as biased and partial. [Cruz v. Iturralde,
appropriate disciplinary measures against A.M. RTJ No. 03-1775, (April 30, 2003)]
62 lawyers or court personnel for unprofessional
conduct of which the judge may have become Sec. 2. Judges shall ensure that his or her
aware. conduct, both in and out of court, maintains and
enhances the confidence of the public, the legal
Oftentimes…leniency provides the court employees profession and litigants in the impartiality of the
the opportunity to commit minor transgressions of judge and of the judiciary.
the laws and slight breaches of official duty
ultimately leading to vicious delinquencies. The This provision is designed to maintain and improve
respondent judge should constantly keep a watchful public confidence in the entire judiciary as an
eye on the conduct of his employees. He should impartial dispenser of justice.
realize that big fires start small. His constant
scrutiny of the behavior of his employees would The intendment of the above provision of the Rules
deter any abuse on the part of the latter in the of Court is not difficult to find. Its rationale is
exercise of their duties. Then, his subordinates predicated in the long standing precept that no
would check that any misdemeanor will not remain judge should handle a case in which he might be
unchecked. The slightest semblance of impropriety perceived, rightly or wrongly, to be susceptible to
on the part of the employees of the court in the bias and impartiality. His judgment must not be
performance of their official duties stirs ripples of tainted by even the slightest suspicion of improbity
public suspicion and public distrust of the judicial or preconceived interest. The rule is aimed at
administrators. The slightest breach of duty by and preserving at all times the faith and confidence in
the slightest irregularity in the conduct of court courts of justice by any party to the litigation.
officers and employees detract from the dignity of [Urbanes, Jr. v. Court of Appeals, G.R. No. 117964,
the courts and erode the faith of the people in the (March 28, 2001)]
judiciary. [Buenaventura v. Benedicto Adm. Case
No. 137-J, (March 27, 1971)] A judge should behave at all times in a way that
promotes public confidence in the integrity and
impartiality of the judiciary. The appearance of bias
C. Impartiality or prejudice can be as damaging to public
confidence and the administration of justice as
actual bias or prejudice. [Montemayor v. Bermejo,
CANON 3 – IMPARTIALITY IS ESSENTIAL TO THE Jr., A.M. No.MTJ-04-1535, (March 12, 2004)]
PROPER DISCHARGE OF THE JUDICIAL OFFICE. IT
APPLIES NOT ONLY TO THE DECISION ITSELF BUT In disposing of a criminal case, a judge should avoid
ALSO TO THE PROCESS BY WHICH THE DECISION IS appearing like an advocate for either party. It is also
MADE. improper for the judge to push actively for amicable
settlement against the wishes of the complainant. A
Memory Aid for Sections under Canon 3 judge‘s unwelcome persistence makes the judge
Judicial duties free from bias (Sec. 1) vulnerable to suspicions of favoritism. [Montemayor
Promote confidence, impartiality (Sec. 2) v. Bermejo, Jr., A.M. No.MTJ-04-1535, (March 12,
Minimize instances of disqualification (Sec. 3) 2004)]
Public comments – pending and impending case
(Sec. 4) Sec. 3. Judges shall, so far as is reasonable, so
Disqualifications (Sec. 5) conduct themselves as to minimize the occasions
Remittal of disqualifications (Sec. 6) on which it will be necessary for them to be
Disciplinary action (Sec. 3) disqualified from hearing or deciding cases.
Sec. 1. Judges shall perform their judicial duties Judges may, in their exercise of sound discretion,
without favor, bias or prejudice. restrict themselves voluntarily from sitting in a case,
but such a decision should be based on good, sound
To sustain a claim of bias or prejudice, the resulting or ethical grounds, or for just and valid reasons. It is
opinion must be based upon an extrajudicial source: not enough that a party casts some tenuous
that is, some influence other than the facts and law allegations of partiality at the judge. No less than
presented in the courtroom. In the United States, imperative is that it is the judge's sacred duty to
this is known as the Extra-Judicial Source Rule. administer justice without fear or favor.
Because allegations of bias are quite serious, the The majority view is that the rule of disqualification
person bringing the allegation must prove bias of judges must yield to demands of necessity. Simply
sufficient to require inhibition (also called recusal or stated, the rule of necessity means that a judge is
disqualification) with clear and convincing evidence. not disqualified to sit in a case if there is no other
Bare allegations of partiality and prejudgment will judge available to hear and decide the case. For
not suffice. [Dimo Realty & Dev. Inc. v. example, members of the Supreme Court were
Dimaculangan, G.R. No. 130991, (March 11, 2004)] entitled to adjudicate the validity of a statue placing
a limit of 5 percent in the costs of living increase for
A judge's conduct must be clearly indicative of judges, where it was apparent that all state judges
arbitrariness and prejudice before it can be had at least an involuntarily financial interest in the
LEGAL AND JUDICIAL ETHICS
case… Actual disqualification of a member of a court association, or the judge or lawyer REVIEWER
was a
of last resort will not excuse the member from material witness therein;
performing his official duty if failure to do so would The judge's ruling in a lower court is the 63
result in a denial of a litigant's constitutional right to subject of review;
have a question, properly presented the court, The judge is related by consanguinity or
adjudicated. In other words, when all judges would affinity to a party litigant within the sixth
be disqualified, disqualification will not be civil degree or to counsel within the fourth
permitted to destroy the only tribunal with power in civil degree; or
the premises. The doctrine operates on the principle The judge knows that his or her spouse or
that a basic judge is better than no judge at all. child has a financial interest, as heir,
Under such circumstances, it is the duty of the legatee, creditor, fiduciary, or otherwise, in
disqualified judge to hear and decide the the subject matter in controversy or in a
controversy, however disagreeable it may be. party to the proceeding, or any other
[Parayno v. Meneses, G.R. No. 112684, (April 26, interest that could be substantially affected
1994)] by the outcome of the proceedings
Sec. 4. Judges shall not knowingly, while a Grounds for Disqualification and Inhibition of Judges
proceeding is before, or could come before Under the Rules of Court
them, make any comment that might reasonably
be expected to affect the outcome of such Mandatory or Compulsory Disqualification (Rule 131,
proceeding or impair the manifest fairness of the ROC)
process. Nor shall judges make any comment in a) He or his wife or his child is pecuniarily
public or otherwise that might affect the fair interested as heir, legatee, creditor or
trial of any person or issue. otherwise;
b) Relation to either party within the sixth
This Section warns judges against making any degree of consanguinity or affinity or to
comment that might reasonably be expected to counsel within the 4th civil degree
affect the outcome of the proceedings before them c) When he has been an executor, guardian,
or "impair the manifest fairness of the process.‖ administrator, trustee or counsel;
d) When he has presided in an inferior court
Judges should avoid side remarks, hasty conclusions, where his ruling or decision is subject to
loose statements or gratuitous utterances that review.
suggest they are prejudging a case. Judges should be
aware that the media might consider them a good Voluntary Inhibition
and credible source of opinion or ideas, and A judge may, in the exercise of his sound discretion
therefore should refrain from making any comment disqualify himself, for just and valid reasons other
on a pending case. Not only is there danger of being than those mentioned above. [Rule 137, Section 1]
misquoted, but also of compromising the rights of
the litigants in the case. This leaves the discretion to the judge to decide for
himself questions as to whether he will desist from
The Supreme Court has recently held that judges and sitting in case for other just and valid reasons with
justices are not disqualified from participating in a only his conscience to guide him, unless he cannot
case simply because they have written legal articles discern for himself his inability to meet the test of
on the law involved in the case. [Chavez v. Public the cold neutrality required of him, in which event
Estates Authority, G.R. No. 133250, (May 6, 2003)] the appellate court will see to it that he disqualifies
himself.
Sec. 5. Judges shall disqualify themselves from
participating in any proceedings in which they A decision to disqualify himself is not conclusive and
are unable to decide the matter impartially or in his competency may be determined on application
which it may appear to a reasonable observer for mandamus to compel him to act. Judge‘s
that they are unable to decide the matter decision to continue hearing a case in which he is
impartially. Such proceedings include, but are not legally prohibited from trying notwithstanding
not limited to, instances where: challenge to his objectivity may not constitute
The judge has actual bias or prejudice reversible error.
concerning a party or personal knowledge of
disputed evidentiary facts concerning the The filing of an administrative case against a judge
proceedings; does not disqualify him from hearing a case. The
The judge previously served as a lawyer or court has to be shown other than the filing of
was a material witness in the matter in administrative complaint, act or conduct of judge
controversy; indicative of arbitrariness or prejudice before the
The judge, or a member of his or her family, latter being branded as the stigma of being biased or
has an economic interest in the outcome of partial. [Lorenzo v. Marquez (1988)]
the matter in controversy;
The judge served as executor, administrator,
guardian, trustee or lawyer in the case or
matter in controversy, or a former associate
of the judge served as counsel during their
LEGAL AND JUDICIAL ETHICS
Memory Aid for Sections under Canon 3 Sec. 2. As a subject of constant public scrutiny,
Avoidance of Impropriety (Sec. 1) judges must accept personal restrictions that
Acceptance of Personal Restrictions (Sec. 2) might be viewed as burdensome by the ordinary
Avoidance of Controversy (Sec. 3) citizen and should do so freely and willingly. In
Not participate in cases where he may be particular, judges shall conduct themselves in a
impartial (Sec. 4) way that is consistent with the dignity of the
Not allow the use of his residence by other judicial office.
lawyers (Sec. 5)
Freedom of Expression (Sec. 6) While judges are only human, their acceptance of
Be informed of his financial interests (Sec. 7) the judicial position means that more is expected
Influence of Judicial Conduct (Sec. 8) from them than from ordinary citizens, as their acts,
Confidential Information (Sec. 9) both public and private, color the public‘s
Engage in other activities (Sec. 10) perception of the judiciary as a whole. [Re:
Practice of Profession (Sec. 11) Anonymous Complaint Against Judge Edmundo T.
Form associations (Sec. 12) Acuña A.M. No RTJ-04-1891, (July 28 2005)]
Gifts, Requests, Loans (Sec. 13)
Gifts, Requests, Loans by staff (Sec. 14) Dignified conduct is best described as conduct
Permissible tokens and awards (Sec. 15) befitting men and women possessed of temperance
and respect for the law and for others.
Sec. 1. Judges shall avoid impropriety and the
appearance of impropriety in all of their Sec. 3. Judges shall, in their personal relations
activities. with individual members of the legal profession
who practice regularly in their court, avoid
LEGAL AND JUDICIAL ETHICS
situations which might reasonably give rise to Sec. 7. Judges shall inform themselves REVIEWER
about
the suspicion or appearance of favoritism or their personal fiduciary and financial interests
partiality. and shall make reasonable efforts to be informed 65
about the financial interests of members of their
Essential to the avoidance of impropriety and its family.
appearance is the maintenance of cold neutrality
and impartiality. This section is squarely directed at This section of the New Code of Judicial Conduct
bolstering this principle as it requires judges to should be read in conjunction with Section 7 of the
scrupulously guard against any act that may be Republic Act 6713, which prohibits certain personal
construed as an expression of bias in favor of a fiduciary and financial conflicts.
litigant.
―[A] judge shall refrain from financial and business
A judge is commanded at all times to be mindful of dealings that tend to reflect adversely on the court's
the high calling of a dispassionate and impartial impartiality, interfere with the proper performance
arbiter expected at all times to be a ―cerebral man of judicial activities, or increase involvement with
who deliberately holds in check the tug and pull of lawyers or persons likely to come before the court.‖
purely personal preferences which he shares with his [Catbagan v. Barte, 455 SCRA 1]
fellow mortals. [Office of the Court Administrator v.
Paderanga, A.M. No. RTJ-01-1660, (August 25 2005)] Sec. 8. Judges shall not use or lend the prestige
of the judicial office to advance their private
Sec. 4. Judges shall not participate in the interests, or those of a member of their family
determination of a case in which any member of or of anyone else, nor shall they convey or
their family represents a litigant or is associated permit others to convey the impression that
in any manner with the case. anyone is in a special position improperly to
influence them in the performance of judicial
This rule rests on the principle that no judge should duties.
preside in a case in which the judge is not wholly
free, disinterested, impartial and independent. A This rule has two parts:
judge has both the duty of rendering a just decision a) A judge may not use judicial office to
and the duty of doing it in a manner completely free advance private interests
from suspicion as to fairness and integrity. The b) A judge may not give the impression that he
purpose is to preserve the people‘s faith and or she can be influenced to use the judicial
confidence in the courts of justice. (PhilJa) office to advance the private interests of
others
Sec. 5. Judges shall not allow the use of their
residence by a member of the legal profession to Ticket-fixing
receive clients of the latter or of other members Misconduct in which judges impermissibly take
of the legal profession. advantage of their position to avoid traffic
violations.
The rationale for this section is the same as that of
Section 3. Sec. 9. Confidential information acquired by
judges in their judicial capacity shall not be used
Sec. 6. Judges, like any other citizen, are or disclosed for any other purpose related to
entitled to freedom of expression, belief, their judicial duties.
association and assembly, but in exercising such
rights, they shall always conduct themselves in When a judge released a draft of her decision to a
such a manner as to preserve the dignity of the party, that conduct was found to be not just a
judicial office and the impartiality and simple breach of confidentiality but a scheme to
independence of the judiciary. make the party ―negotiate‖ for increases in the
monetary awards to be given by the judge. [Centrum
While judges are not expected to live a hermit-like Agri-Business Realty Corp. v. Katalbas-Moscardon,
existence or cease functioning as citizens of the 247 SCRA 145]
Republic, they should remember that they do not
disrobe themselves of their judicial office upon A judge's act of personally furnishing a party copies
leaving their salas. In the exercise of their civil of orders issued, without passing them through the
liberties, they should be circumspect and ever court docket, was considered to be highly irregular,
mindful that their continuing commitment to giving rise to the suspicion that the judge was partial
upholding the judiciary and its values places upon to one of the parties in the case. [Co v. Calimag, 334
them certain implied restraints to their freedom. SCRA 20]
[Sison v. Caoibes, Jr. A.M. No. RTJ-03-1771, (May 27
2004)] It is improper for a judge to allow his wife to have
access to court records which are necessarily
A judge was admonished for the appearance of confidential, as this practice may convey the
engaging in partisan politics when he participated in impression that she is the one who can influence the
a political rally sponsored by one party, even though judge's official functions. [Gordon v. Lilagan, 361
he only explained the mechanics of block voting to SCRA 690]
the audience. [Macias v. Arula, 115 SCRA 135]
LEGAL AND JUDICIAL ETHICS
not reasonably be perceived as intended to influence consent of all parties in interest, signed byREVIEWER
them and
judge. entered upon the record. The prohibition is not
limited to cases in which a judge hears the evidence 67
Section 7(d) of R.A. 6713 allows the following: but includes as well cases where he acts by resolving
a) Gift of nominal value tendered and received motions, issuing orders and the like. [In Re Judge
as a souvenir or mark of courtesy Rojas (1998)]
b) Scholarship or fellowship grant or medical
treatment Sec. 3. Judges shall carry out judicial duties with
c) Travel grants or expenses for travel taking appropriate consideration for all persons, such as
place entirely outside the Philippines (such the parties, witnesses, lawyers, court staff and
as allowances, transportation, food and judicial colleagues, without differentiation on
lodging) of more than nominal value if such any irrelevant ground, immaterial to the proper
acceptance is appropriate or consistent performance of such duties.
with the interest of the Philippines, and
permitted by the head office, branch or This provision is taken from Canons 1, 9 and 10 of
agency to which the judge belongs. the Canons of Judicial Ethics and Rule 3.04, Canon 3
of the 1989 Code of Judicial Conduct.
[Galangi v. Macli-ing, Adm. Matter No. 75-DJ, (Jan. Upon the filing of the respondent’s comment, or
17, 1978)] upon the expiration of the time for filing the
70 same and unless other pleadings or documents
Serious Inefficiency are required, the Court shall refer the matter to
An example is negligence in the performance of the Office of the Court Administrator for
duty, if reckless in character [Lapena v. Collado, 76 evaluation, report, and recommendation or
SCRA 82] assign the case for investigation, report, and
recommendation to a retired member of the
Error or Ignorance of Law Supreme Court, if the respondent is a Justice of
Error or mistake must be gross or patent, malicious, the Court of Appeals and the Sandiganbayan, or
deliberate or in bad faith. to a Justice of the Court of Appeals, if the
Must act fraudulently, corruptly or with gross respondent is a Judge of a Regional Trial Court
ignorance. or of a special court of equivalent rank, or to a
Judge of the Regional Trial Court if the
Caveat: Not every error or mistake of a judge in the respondent is a Judge of an inferior court
performance of his duties makes him liable. To hold
the judge administratively accountable for every SEC. 4. Hearing. – the investigating Justice or
erroneous ruling or decision he renders, assuming he Judge shall set a day of the hearing and send
has erred, would be nothing short of harassment and notice thereof to both parties. At such hearing
would make his position unbearable. [Secretary of the parties may present oral and documentary
Justice v. Marcos, 76 SCRA 301] evidence. If, after due notice, the respondent
fails to appear, the investigation shall proceed
Misconduct implies malice or a wrongful intent, not ex parte.
a mere error of judgment. ―For serious misconduct
to exist, there must be a reliable evidence showing The Investigating Justice or Judge shall
that the judicial acts complained of were corrupt or terminate the investigation within ninety (90)
were inspired by an intention to violate the law, or days from the date of its commencement or
were in persistent disregard of well-known legal within such extension as the Supreme Court may
rules.‖ [In re: Impeachment of Horilleno, 43 Phil. grant.
212]
SEC. 5. Report. – Within thirty (30) days from
Inefficiency implies negligence, ignorance and the termination of the investigation, the
carelessness. A judge would be inexcusably negligent investigating Justice or Judge shall submit to the
if he failed to observe in the performance of his Supreme Court a report containing findings of
duties that diligence, prudence and circumspection fact and recommendation. The report shall be
which the law requires in the rendition of any public accompanied by the record containing the
service. [In re: Climaco, 55 SCRA 107] evidence and the pleadings filed by the parties.
The report shall be confidential and shall be for
RULE 140: Discipline of Judges of Regular and the exclusive use of the Court.
Special Courts and Justices of the Court of Appeals
and the Sandiganbayan SEC. 6. Action. – The Court shall take such
action on the report as the facts and the law may
SECTION 1. How instituted. – Proceedings for warrant.
the discipline of judges of regular and special
courts and Justices of the Court of Appeals and SEC. 12. Confidentiality of proceedings. –
the Sandiganbayan may be instituted motu Proceedings against Judges of regular and special
proprio by the Supreme Court or upon a verified courts and Justices of the Court of Appeals and
complaint, supported by affidavits of person who the Sandiganbayan shall be private and
have personal knowledge of the facts alleged confidential, but a copy of the decision or
therein or by documents which may substantiate resolution of the court shall be attached to the
said allegations, or upon an anonymous record of the respondent in the Office of the
complaint, supported by public records of Court Administrator.
indubitable integrity. The complaint shall be in
writing and shall state clearly and concisely the
acts and omissions constituting violations of C. Grounds
standards of conduct prescribed for Judges by
law, the Rules of Court, or the Code of Judicial SEC. 7. Classification of charges. –
Conduct. Administrative charges are classified as serious,
less serious, or light.
SEC. 2. Action on the complaint. – If the
complaint is sufficient in form and substance, a SEC. 8. Serious charges. – Serious charges
copy thereof shall be served upon the include:
respondent, and he shall be required to comment 1. Bribery, direct or indirect;
within ten (10) days from the date of service. 2. Dishonesty and violations of the Anti-
Otherwise, the same shall be dismissed. Graft and Corrupt Practices Law (R.A. No.
3019);
SEC. 3. By whom complaint investigated. – 3. Gross misconduct constituting violations
LEGAL AND JUDICIAL ETHICS