(Reynolds v. Reynolds, Cal.2d580).
LEGAL ETHICS – is a branch of moral science, which treats of the duties
which an attorney owes to the court, to the client, to his colleagues in the
profession and to the public as embodied in the Constitution, Rules of Court,
the Code of Professional Responsibility, Canons of Professional Ethics,
jurisprudence, moral laws and special laws.
Original Bases of Legal Ethics:
1. Canons of Professional Ethics
2. Supreme court Decisions
3. Statistics
4. Constitution
5. Treatises and publications
Present Basis of the Philippine Legal System: Code of Professional
Responsibility.
BAR – Refers to the whole body of attorneys and body of judges.
BENCH – denotes the whole body of counselors, collectively the members of
the legal profession.
Practice of Law – any activity, in or out of court which requires the
application of law, legal procedure, knowledge, training and experience. To
engage in the practice of law is to give notice or render any kind of service,
which or devise or service requires the use in any degree of legal knowledge
or skill (Cayetano v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/
Abogado/Boceros: that class of persons who are licensed officers of the
courts, empowered to appear prosecute and defend and upon whom peculiar
duties, responsibilities, and liabilities are developed by law as a
consequence (Cui v. Cui, 120 Phil. 729).
Attorney in fact – an agent whose authority is strictly limited by the
instrument appointing him, though he may do things not mentioned in his
appointment necessary to the performance of the duties specifically required
of him by the power of attorney appointing him, such authority being
necessarily implied. He is not necessarily a lawyer.
Counsel de Oficio – a counsel, appointed or assigned by the court, from
among members of the Bar in good standing who, by reason of their
experience and ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the court may
appoint any person, resident of the province and good repute for probity and
ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.
Attorney ad hoc – a person named and appointed by the court to defend an
absentee defendant in the suit in which the appointment is made (Bienvenu
v. Factor’s of Traders Insurance Cp., 33 La.Ann.209)
Attorney of Record – one who has filed a notice of appearance and who
hence is formally mentioned in court records as the official attorney of the
party. Person whom the client has named as his agent upon whom service of
papers may be made.
Of Counsel – to distinguish them from attorneys of record, associate
attorneys are referred to as “of counsel” (5 Am. Jur. 261).
Lead Counsel – The counsel on their side of a litigated action who is
charged with the principal management and direction of a party’s case.
House Counsel – Lawyer who acts as attorney for business though carried
as an employee of that business and not as an independent lawyer.
Bar Association – an association of members of the legal profession.
Advocate – The general and popular name for a lawyer who pleads on
behalf of someone else.
Barrister (England) – a person entitled to practice law as an advocate or
counsel in superior court.
Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical
courts whose duties and business correspond to those of an attorney at law
or solicitor in Chancery.
Titulo de Abogado – It means not mere possession of the academic degree
of Bachelor of Laws but membership in the Bar after due admission thereto,
qualifying one for the practice of law.
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of
law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides:
Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance to
the under privileged.
The Supreme Court acts through a Bar Examination Committee in the
Exercise of his judicial function to admit candidates to the legal profession.
The Bar Examination Committee:
 Composed of (1) member of the Supreme Court who acts as
Chairman and eight (8) members of the bar.
 The 8 members act as examiners for the 8 bar subjects with one
subject assigned to each.
 The Bar Confidant acts as a sort of liason officer between the court
and the Bar Chairman on the other hand, and the individual
members of the committee on the other. He is at the same time a
deputy clerk of court.
 Admission of examinees is always subject to the final approval of
the court.
Practice of Law
The practice of law is a privilege granted only to those who possess the
STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of
lawyers who are instruments in the effective and efficient administration of
justice. (In Re: Argosino, 1997).
Requirements for admission to the Bar: 2. they represent their organization or members thereof (Art
1. citizen of the Philippines 222, PO 442, as amended).
2. at least 21 years old 6. Under the Cadastral Act, a non-lawyer can represent a claimant
3. of good moral character before the Cadastral Court (Act no. 2259, Sec. 9).
4. Philippine resident Public Officials who cannot engage in the private practice of Law in the
5. Production before the supreme court satisfactory evidence of: Philippines:
1. good moral character 1. Judges and other officials as employees of the Supreme
2. no charges against him, involving moral turpitude, have Court (Rule 148, Sec. 35, RRC).
been filed or are pending in any court in the Philippines. 2. Officials and employees of the OSG (Ibid.)
Requirement of Good Moral Character: a continuing requirement; good 3. Government prosecutors (People v. Villanueva, 14 SCRA 109).
moral character is not only a condition precedent for admission to the legal 4. President, Vice-President, members of the cabinet, their deputies
profession, but it must also remain intact in order to maintain one’s good and assistants (Art. VIII Sec. 15, 1987 Constitution).

standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987

1998) Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987
Academic Requirements for Candidates:
Constitution)
1. a bachelor’s degree in arts and sciences (pre-law course)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
2. a completed course in:
8. Those prohibited by special law
1. civil law
2. commercial law Public Officials with Restrictions in the Practice of Law:

3. remedial law 1. 1. No Senator as member of the House of Representative may

4. public international law personally appear as counsel before any court of justice as before

5. private international law the Electoral Tribunals, as quasi-judicial and other administration

6. political law bodies (Art. VI, Sec. 14, 1987 Constitution).

7. labor and social legislation 2. Under the Local Government Code (RA 7160, Sec. 91)Sanggunian

8. medial jurisprudence members may practice their professions provided that if they are

9. taxation members of the Bar, they shall not:

10. legal ethics 1. appear as counsel before any court in any civil case
wherein a local government unit or any office, agency, or
Non-lawyers who may be authorized to appear in court:
instrumentality of the government is the adverse party;
1. Cases before the MTC: Party to the litigation, in person OR
2. appear as counsel in any criminal case wherein an officer
through an agent or friend or appointed by him for that purpose
or employee of the national or local government is
(Sec. 34, Rule 138, RRC)
accused of an offense committed in relation to his office;
2. Before any other court: Party to the litigation, in person (Ibid.)
3. collect any fee for their appearance in administrative
3. Criminal case before the MTC in a locality where a duly licensed
proceedings involving the local government unit of which
member of the Bar is not available: the judge may appoint a non-
he is an official;
lawyer who is:
4. use property and personnel of the government except
1. resident of the province
when the Sanggunian member concerned is defending the
2. of good repute for probity and ability to aid the accused in
interest of the government.
his defense (Rule 116, Sec. 7, RRC).
3. Under RA 910, Sec. 1, as amended, a retired justice or judge
4. Legal Aid Program – A senior law student, who is enrolled in a
receiving pension from the government, cannot act as counsel in
recognized law school’s clinical education program approved by the
any civil case in which the Government, or any of its subdivision or
supreme Court may appear before any court without compensation,
agencies is the adverse party or in a criminal case wherein an
to represent indigent clients, accepted by the Legal Clinic of the law
officer or employee of the Government is accused of an offense in
school. The student shall be under the direct supervision and
relation to his office.
control of an IBP member duly accredited by the law school.
5. Under the Labor code, non-lawyers may appear before the NLRC Attorney’s Oath:

or any Labor Arbiter, if “I, __________________, do solemnly swear that I will maintain

1. they represent themselves, or if allegiance to the Republic of the Philippines; I will support its constitution and
obey the laws as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any in court; I will end that no person may be deprived of life or liberty, but by due
not willingly nor wittingly promote or sue any groundless, false or unlawful process of law.

suit, or give aid nor consent to the same; I will delay no man for money or Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral

malice, and will conduct myself as a lawyer according to the best of my or deceitful conduct.

knowledge and discretion, with all good fidelity as well to the court as to my  Conviction for crimes involving moral turpitude – a number of

clients; and I impose upon myself this voluntary obligations without any lawyers have been suspended or disbarred for conviction of crimes
involving moral turpitude such as:
mental reservation or purpose of evasion. So help me God.” (Form 28, RRC)
1. estafa
Nature of Lawyer’s Oath
2. bribery
 The lawyer’s oath is not mere facile words, drift and hollow, but a
3. murder
sacred trust that must be upheld and kept inviolable. (Sebastian vs.
4. seduction
Calis, 1999)
5. abduction
 It is NOT a mere ceremony or formality for practicing law. Every
6. smuggling
lawyer should at all times weigh his actions according to the sworn
7. falsification of public documents
promises he made when taking the lawyer’s oath. (In Re: Argosino,
 Morality as understood in law – This is a human standard based
1997, In Re: Arthur M. Cuevas, 1998).
on natural moral law which is embodied in man’s conscience and
***************************************************************************************
which guides him to do good and avoid evil.
Code of Professional Responsibility
 Moral Turpitude: any thing that is done contrary to justice,
Chapter 1:
honesty, modesty or good morals.
Lawyer and Society  Immoral Conduct: that conduct which is willful, flagrant, or
CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land shameless and which shows a moral indifference to the opinion of
and promote respect for law and for legal processes the good and respectable members of the community (Arciga vs.
 Duties of Attorneys: Maniwag, 106 SCRA 591).
1. to maintain allegiance to the Republic of the Philippines and to  Grossly Immoral Conduct: One that is so corrupt and false as to
support the Constitution and obey the laws of the Philippines; constitute a criminal act or so unprincipled or disgraceful as to be
2. to observe and maintain the respect due to the courts of justice and reprehensible to a high degree; it is a WILLFUL, FLAGRANT or
judicial officers; SHAMELESS ACT which shows a MORAL INDIFFERENCE to the
3. to counsel or maintain such actions or proceedings only as appear opinion of respectable members of the community. (Narag vs.
to him as just, and such defenses only as he believes to be Narag, 1998)
honestly debatable under the laws; Rule 1.02 – A lawyer shall not counsel or abet activities aimed at defiance of
4. to employ, for the purpose of maintaining the causes confided to the law or at lessening confidence in the legal system.
him, such means only as are consistent with truth and honor, and
Rule 1.03 – A lawyer shall not, for any corrupt motive or interest,
never seek to mislead the judge or any judicial officer by an artifice
encourage any suit or proceeding or delay any man’s cause.
or false statement of fact or law;
Rule 1.04 – A lawyer shall encourage his clients to avoid, end or settle
5. to maintain inviolate the confidence, and at every peril to himself, to
the controversy if it will admit of a fair settlement.
preserve the secrets of his client, and to accept no compensation in
 If a lawyer finds that his client’s cause is defenseless, it is his
connection with his client’s business except from him or with his
burden/duty to advise the latter to acquiesce and submit, rather
knowledge and approval;
than traverse the incontrovertible.
6. to abstain from all offensive personality and to advance no fact
 It is unprofessional for a lawyer to volunteer advice to bring a
prejudicial to the honor or reputation of a party or witness, unless
lawsuit, except in rare cases where the blood, relationship or trust
required by the justice of the cause with which he is charged;
makes it his duty to do so.
7. not to encourage either the commencement or the continuance of
 Temper client’s propensity to litigate.
an action or proceeding, or delay any man’s cause for any corrupt
 Should not be an instigator of controversy but a mediator for
motive or interest;
concord and conciliator for compromise.
8. never to reject, for any consideration personal to himself, the cause
 The law violated need not be a penal law. “Moral Turpitude” –
of the defenseless or oppressed;
everything which is done contrary to justice, honesty, modesty or
9. in the defense of a person accused of a crime, by all fair and
good morals.
honorable means, regardless of his personal opinion as to the guilt
of the accused, to present every defense that the law permits, to the
  Give advice tending to impress upon the client and his undertaking
exact compliance with the strictest principles of moral law.
 Until a statute shall have been construed and interpreted by
competent adjudication, he is free and is entitled to advise as to its
validity and as to what he conscientiously believes to be its just
meaning and extent.
 A lawyer has the obligation not to encourage suits. This is so as to
prevent barratry and ambulance chasing.
 Barratry – offense of frequently exciting and stirring up quarrels and
suits, either at law or otherwise; Lawyer’s act of fomenting suits
among individuals and offering his legal services to one of them.
 Ambulance Chasing – Act of chasing victims of accidents for the
purpose of talking to the said victims (or relatives) and offering his
legal services for the filing of a case against the person(s) who
caused the accident(s).
CANON 2 – A lawyer shall make his legal services available in an efficient
and convenient manner compatible with the independence, integrity and
effectiveness of the profession.
Rule 2.01 – A lawyer shall not reject, except for valid reasons, the cause
of the defenseless or oppressed.
Rule 2.02 – In such a case, even if a lawyer does not accept a case, he
shall not refuse to render legal advise to the person concerned if only
to the extent necessary to safeguard latter’s rights.
Rule 2.03 – a lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.
 Primary characteristics which distinguish the legal profession from
business;
1. duty of service, of which the emolument is a by product, and in
which one may attain the highest eminence without making such
money;
2. a relation as an ‘officer of court’ to the administration of justice
involving thorough sincerity, integrity and reliability;
3. a relation to clients in the highest degree of fiduciary;
4. a relation to colleagues at the bar characterized by candor, fairness
and unwillingness to resort to current business methods of
advertising and encroachment on their practice or dealing with their
clients.
 Defenseless – not in the position to defend themselves due to
poverty, weakness, ignorance or other similar reasons.
 Oppressed – victims of acts of cruelty, unlawful exaction,
domination or excessive use of authority.
Rule on Advertisements
 General Rule: No advertisements allowed. The most worthy and
effective advertisement possible is the establishment of a well-
merited reputation for professional capacity and fidelity to trust.
Lawyers may not advertise their services or expertise nor should not resort to
indirect advertisements for professional employment, such as furnishing or
inspiring newspaper comments, or procuring his photograph to be published
in connection with causes in which the lawyer has been engaged or
concerning the manner of their conduct, the magnitude of the interest
involved, the importance of the lawyer’s position, and all other self-laudation.
 Exceptions/ Permissible advertisements:
1. Reputable law lists, in a manner consistent with the standards of
conduct imposed by the canons, of brief biographical and
informative data, are allowed.
2. Ordinary simple professional Card. It may contain only a statement
of his name, the name of the law firm which he is connected with,
address, telephone number and the special branch of law practiced.
3. A simple announcement of the opening of a law firm or of changes
in the partnership, associates, firm name or office address, being
for the convenience of the profession, is not objectionable.
4. Advertisements or simple announcement of the existence of a
lawyer or his law firm posted anywhere it is proper such as his
place of business or residence except courtrooms and government
buildings.
5. Advertisements or announcement in any legal publication, including
books, journals, and legal magazines.
Rule 2.04 – A lawyer shall not charge rates lower than those
customarily or prescribed, unless circumstances so warrant.
 A lawyer cannot delay the approval of a compromise agreement
entered into between parties, just because his attorney’s fees were
not provided for in the agreement.
 Rule: A lawyer cannot compromise the case without client’s
consent (special authority). Exception: Lawyer has exclusive
management of the procedural aspect of the litigation (e.g.
Submission for decision on the evidence so far presented. But in
case where lawyer is confronted with an emergency and
prompt/urgent action is necessary to protect clients interest and
there’s no opportunity for consultation, the lawyer may compromise.
 Rule: Refrain from charging rates lower than the customary rates.
Valid Justification: relatives, co-lawyers, too poor
CANON 3 – A lawyer in making known is legal services shall use only
true, honest, fair dignified and objective information or statement of
facts.
Rule 3.01 – A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-auditory or unfair
statement or claim regarding his qualifications or legal services.
 Violation of Rule 3.01 is unethical, whether done by him personally
or through another with his permission.
Rule 3.02 – In the choice of a firm name, no false, misleading, or
assumed name shall be used. The continued use of the name of a
deceased partner is permissible provided that the firm indicates in all 3. justness and sincerity
its communication that said partner is deceased. 4. political neutrality

Rule 3.03 – Where a partner accepts public office, he shall withdraw 5. responsiveness to the public

from the firm and his name shall be dropped from the firm name unless 6. nationalism and patriotism
7. commitment to democracy
the law allows him to practice law concurrently.
8. simple living (Sec. 4, RA 6713)
Rule 3.04 – A lawyer shall not pay or give anything of value to
Rule 6.01 – The primary duty of a lawyer engaged in public prosecution
representatives of the mass media in anticipation of, or in return for,
is not to convict but to see that justice is done. The suppression of
publicity to attract legal business.
facts or the concealment of witnesses capable of establishing the
 It is unethical to use the name of a foreign firm.
 Death of a partner does not extinguish attorney-client relationship innocence of the accused is highly reprehensible and is cause of

with the law firm. disciplinary action.

 Negligence of a member in the law firm is negligence of the firm. Rule 6.02 – A lawyer in the government service shall not use his public
CANON 4 – A lawyer shall participate in the improvement of the legal position to promote or advance his private interest, nor allow the latter

system by initiating or supporting efforts in law reform and in the to interfere with his public duties.

administration of justice. Rule 6.03 – A lawyer shall not, after leaving government service, accept
 Examples: Presenting position papers or resolutions for the engagements or employment in connection with any matter in which he
introduction of pertinent bills in congress; Petitions with the had intervened while in said service.
Supreme Court for the amendment of the Rules of Court.  Various ways a government lawyer leaves government service:
CANON 5 – A lawyer shall keep abreast of legal developments, 1. retirement
participate in continuing legal education programs, support efforts to 2. resignation

achieve high standards in law schools as well as in the practical 3. expiration of the term of office

training of students and assist in disseminating information regarding 4. dismissal

the law and jurisprudence.
Objectives of integration of the Bar
 To elevate the standards of the legal profession
 To improve the administration of justice
 To enable the Bar to discharge its responsibility more effectively.
The three-fold obligation of a lawyer
 First, he owes it to himself to continue improving his knowledge of
the laws;
 Second, he owes it to his profession to take an active interest in the
maintenance of high standards of legal education;
 Third, he owes it to the lay public to make the law a part of their
social consciousness.
CANON 6 – These canons shall apply to lawyers in government service
in the discharge of their official tasks.
 Public Officials – include elective and appointive officials and
employees, permanent or temporary, whether in the career or non-
career service, including military and police personnel, whether or
not they receive compensation, regardless of amount. (Sec. 3 (b),
RA 6713).
 The law requires the observance of the following norms of conduct
by every public official in the discharge and execution of their official
duties:
1. commitment to public interest
2. professionalism
5. abandonment
 Q: What are the pertinent statutory provisions regarding this
Rule?
A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713
Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of
public officers already penalized by existing law, the following shall constitute
corrupt practice of any public officer and are hereby declared to be unlawful:
(d) accepting or having any member of his family accept employment in a
private enterprise which has pending official business with him during the
pendency thereof or within one year after termination.
Section 7 (b) of RA 6713 prohibits officials from doing any of the following
acts:
1. own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any
private enterprise regulated, supervised or licensed by their office
unless expressly allowed by law.
These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice
his profession in connection with any matter before the office he used to be
with, in which case the one year prohibition shall likewise apply.
 Lawyers in the government service are prohibited to engage in the
private practice of their profession unless authorized by the
constitution or law, provided that such practice will not conflict or
tend to conflict with their official functions.
 Misconduct in office as a public official may be a ground for
disciplinary action (if of such character as to affect his qualification
as lawyer or to show moral delinquency).
 Should recommend the acquittal of the accused whose conviction is
on appeal, IF he finds no legal basis to sustain the conviction.
 Includes restriction is representing conflicting interest (e.g.
Accepting engagements vs. former employer, PNB)
 The OSG is not authorized to represent a public official at any state
of a criminal case.
***************************************************************************************
Chapter II
The Lawyer and the Legal Profession
CANON 7 – A lawyer shall at all times uphold the integrity and dignity of
the legal profession, and support the activities of the integrated bar.
Rule 7.01 – A lawyer shall be answerable for knowingly making false
statements or suppressing a material fact, in connection with his
application for admission to the bar.
Rule 7.02 – A lawyer shall not support application for admission to the
bar by any person known to him or be unqualified in respect to
character, education, or other relevant attribute.
Rule 7.03 – A lawyer shall not engage in conduct that adversely reflects
on his fitness to practice law, nor should he, whether in public or
private life, behave in a scandalous manner to the discredit of the legal
profession.
 Upright character; not mere absence of bad character.
 A lawyer must at all times conduct himself properly as not to put
into question his fitness to practice law.
 Avoid scandalous conduct; not only required to refrain from
adulterous relationships or the keeping of mistress but must also
behave himself as to avoid scandalizing the public by creating the
belief that he is flouting those moral standards.
CANON 8 – A lawyer shall conduct himself with courtesy, fairness and
candor towards his professional colleagues, and shall avoid harassing
tactics against opposing counsel.
Rule 8.01 – A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper.
Rule 8.02 – A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer; however, it is the right of
any lawyer without fear or favor, to give proper advice and assistance
to those seeking relief against unfaithful or neglectful counsel.
 It is the duty of a lawyer to inform the SC or the IBP of such
malpractice to the end that the malpractitioner be properly
disciplined.
 Not to use in pleadings and in practice the following: disrespectful,
abusive and abrasive language, offensive personalities,
unfounded accusations or intemperate words tending to obstruct,
embarrass or influence the court in administering justice.
 Want of intention: not an excuse for the disrespectful language
used. It merely extenuates liability.
CANON 9 – A lawyer shall not directly or indirectly assist in the
unauthorized practice of law.
Rule 9.01 – A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a
member of the bar in good standing.
Rule 9.02 – A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law, except:
1. a. Where there is a pre-existing agreement, with a partner
or associate that , upon the latter’s death, money shall be
paid over a reasonable period of time to his estate or to the
persons specified in the agreement; or
2. b. Where a lawyer undertakes to complete unfinished legal
business of a deceased lawyer; or
3. c. Where a lawyer or law firm includes non-lawyer
employees in a retirement plan, even if the plan is based in
whole or in part of a profit sharing arrangements.
 Lawyer shall not negotiate with the opposite party who is
represented by a counsel. Neither should lawyer attempt to
interview the opposite party and question him as to the facts of
the case even if the adverse party is willing to do so.
 Lawyer should deal only with counsel, even if there’s a fair
agreement.
 Lawyer may however interview any witness or prospective
witness for the opposing side. Limitation: avoid influencing
witness in recital and conduct.
 A lawyer must not take as partner or associate one who:
1. is not a lawyer
2. is disbarred
3. has been suspended from the practice of law
4. foreign lawyer, unless licensed by the SC.
 A lawyer cannot delegate his authority without client’s consent
even to a qualified person.
***************************************************************************************
Chapter III
The Lawyer and the Courts
CANON 10 – A Lawyer owes candor, fairness and good faith to the
court.
Rule 10.01 – A lawyer shall not do any falsehood, nor consent to the
doing of any in court; nor shall he mislead or allow the court to be
mislead by any artifice.
Rule 10.02 – A lawyer shall not knowingly misquote or misrepresent the
contents of the paper, the language or the argument of opposing
counsel, or the text of a decision of authority, or knowingly cite as law a
provision already rendered inoperative by repeal or amendment, or
assert as a fact that which has not been approved.
Rule 10.03 – A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice.
 Judge-lawyer relationship: based on independence and self-
respect.
 Lawyer’s duty to the court:
1. respect and loyalty
2. fairness, truth and candor
3. no attempt to influence courts
 Cases of falsehood:
1. stating in the Deed of Sale that property is free from all liens and
encumbrances when not so
2. encashing check payable to a deceased cousin by signing the
latter’s name on the check
3. falsifying a power of attorney and using it in collecting the money
due to the principal
4. alleging in one pleading that the clients were mere lessees and in
another pleading that the same clients were owners
5. presenting falsified documents in court which he knows to be false
6. filing false charges on groundless suits
7. using in pleadings the IBP number of another lawyer
8. unsolicited appearances
9. use of fictitious residence certificate
10. misquotation/misrepresentation
11. citing a repealed or amended provision
12. asserting a fact not proved
13. verbatim reproductions down to the last word and punctuation
mark
14. slight typo mistake: not sufficient to place him in contempt
CANON 11 – A lawyer shall observe and maintain the respect due to the
courts and to judicial officers and should insist on similar conduct by
others.
Rule 11.01 – A lawyer shall appear in court properly attired.
 A lawyer may NOT wear outlandish or colorful clothing to court.
 As an officer of the court and in order to maintain the dignity and
respectability of the legal profession, a lawyer who appears in
court must be properly attired. Consequently, the court can hold a
lawyer IN CONTEMPT of court if he does not appear in proper
attire. Any deviation from the commonly accepted norm of
dressing in court (barong or tie, not both) is enough to warrant a
citing for contempt.
Rule 11.02 – A lawyer shall punctually appear at court hearings.
Rule 11.03 – A lawyer shall abstain from scandalous, offensive, or
menacing language or behavior before the courts.
Rule 11.04 – A lawyer shall not attribute to a judge motives not
supported by the record or having no materiality to the case.
Rule 11.05 – A lawyer shall submit grievances against a judge to the
proper authorities already.
 A lawyer is an officer of the court. He occupies a quasi-judicial
office with a tripartite obligation to the courts, to the public and to
his clients.
 The public duties of the attorney take precedence over his private
duties. His first duty is to the courts. Where duties to the courts
conflict with his duties to his clients, the latter must yield to the
former.
 Lawyers must be respectful not only in actions but also in the use
of language whether in oral arguments or in pleadings.
 Must exert efforts that others (including clients, witnesses) shall
deal with the courts and judicial officers with respect.
 Obedience to court orders and processes.
 Criticisms of courts must not spill the walls of decency. There is a
wide difference between fair criticism and abuse and slander of
courts and judges. Intemperate and unfair criticism is a gross
violation of the duty to respect the courts. It amounts to
misconduct which subjects the lawyer to disciplinary action.
 A mere disclaimer of any intentional disrespect by appellant is not
a ground for exoneration. His intent must be determined by a fair
interpretation of the languages employed by him. He cannot
escape responsibility by claiming that his words did not mean
what any reader must have understood them to mean.
 Lawyer can demand that the misbehavior of a judge be put on
record.
 Lawyers must be courageous enough to expose arbitrariness and
injustice of courts and judges.
 A lawyer may submit grievances against judges in the Supreme
Court, Ombudsman, or Congress (for impeachment of SC judges
only).
CANON 12 – A lawyer shall exert every effort and consider it his duty to
assist in the speedy and efficient administration of justice.
Rule 12.01 – A lawyer shall not appear for trial unless he has
adequately prepared himself with the law and the facts of his case, the
evidence he will adduce and the order of its preference. He should also
be ready with the original documents for comparison with the copies.
 Newly hired counsel: must acquaint himself with all the
antecedent proceedings and processes that have transpired in the
record prior to his takeover.
 If presenting documentary exhibits, he must be ready with the
originals for the purpose of comparison with copies thereof.
Rule 12.02 – A lawyer shall not file multiple actions arising from the
same cause.
 Forum shopping – omission to disclose pendency of appeal or
prior dismissal of his case by a court of concurrent jurisdiction.
 Forum shopping exists when as a result of an adverse opinion in
one forum:
1. a party seeks favorable opinion (other than by appeal or certiorari)
in another; or
2. when he institutes two or more actions or proceedings grounded
on the same cause, on the gamble that one or the other would
make a favorable disposition (Benguet Electric Corp. vs. Flores,
287 SCRA 449, March 12, 1998).
 The most important factor in determining the existence of forum-
shopping is the VEXATION caused the courts and party-litigants
by a party who asks different courts to rule on the same related
causes, asking the same relief.
 Forum shopping constitutes DIRECT CONTEMPT of court and
may subject the offending lawyer to disciplinary action.
Rule 12.03 – A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting
the same or offering an explanation for his failure to do so.
 Asking for extension of time must be in good faith.
Rule 12.04 – A lawyer shall not unduly delay a case, impede the
execution of a judgment or misuse court processes.
Rule 12.05 – A lawyer shall refrain from talking to his witness during a
break or recess in the trial, while the witness is still under examination.
Rule 12.06 – A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
Rule 12.07 – A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.
Rights and obligations of a witness – a witness must answer questions,
although his answer may tend to establish a claim against him. However, it
is the right of a witness:
1. to be protected from irrelevant, improper, or insulting questions
and from harsh or insulting demeanor;
2. not to be detained longer than the interest of justice requires;
3. not to be examined except only as to matters pertinent to the
issue;
4. not to give any answer which will tend to subject him to a penalty
for an offense unless otherwise provided by law, or
5. nor to give answer which will tend to degrade his reputation,
unless it be to the very fact at issue or to a fact from which the fact
in issue would be presumed. But a witness must answer to the
fact of his previous final conviction for an offense. (Rule 132, Sec.
3, RRC)
Rule 12.08 – A lawyer shall avoid testifying in behalf of his client,
except:
1. a. on formal matters, such as the mailing, authentication
or custody of an instrument and the like:
2. b. on substantial matters, in cases where his testimony is
essential to the ends of justice, in which event he must,
during his testimony, entrust the trial of the case to another
counsel.
CANON 13 – A lawyer shall rely upon the merits of his cause and refrain
from any impropriety which tends to influence, or gives the appearance
of influencing the court.
Rule 13.01 – A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for, cultivating familiarity with
judges.
Rule 13.02 – A lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion for or
against a party.
Rule 13.03 – A lawyer shall not brook or invite interference by another
branch or agency of the government in the normal course of judicial
proceedings.
 The judge has the corresponding duty not to convey or permit
others to convey the impression that they are in a special position
to influence the judge.
 Discussing cases with the judge privately should be avoided.
 Test when public statement is contemptuous: The character of the
act done and its direct tendency to prevent and obstruct the
discharge of official duty.
 To warrant a finding of “prejudicial publicity”, there must be an
allegation and proof that the judges have been unduly influenced,
not simply that they might be, by the “barrage” of publicity.
 Lawyer is equally guilty as the client if he induces the latter to
cause the publicity.
***************************************************************************************
Chapter IV
The Lawyer and the Client
CANON 14 – A Lawyer shall not refuse his services to the needy.
Rule 14.01 – A lawyer shall not decline to represent a person solely on
account of the latter’s race, sex, creed or status of life, or because of
his own opinion regarding the guilt of said person.
Rule 14.02 – A lawyer shall not decline, except for serious and
sufficient cause, an appointment as counsel de oficio or as amicus
curae or a request from the Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
Rule 14.03 – A lawyer may refuse to accept representation of a client if:
1. a. He is not in position to carry out the work effectively
and competently.
2. b. He labors under conflict of interest between him and the
prospective client or between a present client and the
prospective client.
Rule 14.04 – A lawyer who accepts the cause of a person unable to pay
his professional fees shall observe the same standard of conduct
governing his relations with paying clients.
  Duties to Client: 2. communication intended by the client to be sent to a third person
1. owe utmost learning and ability through his counsel (it loses its confidential character as soon as
2. maintain inviolate the confidence of the client it reaches the hands of third person)
3. disclose all circumstances/interest regarding the controversy  Even if the communication is unprivileged, the rule of ethics
4. undivided loyalty prohibits him from voluntarily revealing or using to his benefit or to
5. not reject cause of defenseless and oppressed that of a third person, to the disadvantage of the client, the said
6. candor, fairness and loyalty communication unless the client consents thereto.
7. hold in trust money or property  This is applicable to students under the Student Practice Law
8. respond with zeal to the cause of the client Program
 Appointment of Amicus Curae Rule 15.03 – A lawyer shall not represent conflicting interests except by
1. by application to the judge written consent of all concerned given after a full disclosure of the
2. the judge on his own initiative may invite the lawyer facts.
3. no right to interfere with or control the condition of the record, no
control over the suit Rule on Conflicting Interest
 Cannot refuse on the ground of insufficient of compensation or It is generally the rule based on sound public policy that an attorney
lack of it cannot represent adverse interest. It is highly improper to represent both
sides of an issue. The proscription against representation of conflicting
CANON 15 – A lawyer shall observe candor, fairness and loyalty in all interest finds application where the conflicting interest arises with respect to
his dealings and transactions with his client. the same general matter and is applicable however slight such adverse
Rule 15.01 – A lawyer in conferring with a prospective client, shall interest may be. It applies although the attorney’s intention and motives were
ascertain as soon as practicable whether the matter would involve a honest and he acted in good faith. However, representation of conflicting
conflict with another client or his own interest, and if so, shall forthwith interest may be allowed where the parties consent to the representation after
inform the prospective client. full disclosure of facts. (Nakpil vs. Valdez, 286 SCRA 758).
Rule 15.02 – A lawyer shall be bound by the rule on privilege  General Rule:An attorney cannot represent adverse interest.
communication in respect of matters disclosed to him by a prospective  Exception:Where the parties consent to the representation after
client. full disclosure of facts.
 The TEST in determining Conflicting Interest: The test is whether
Rule on Revealing Client’s Identity or not the acceptance of a new relation will prevent an attorney
 General Rule: A lawyer may not invoke privilege communication from the full discharge of his duty of individual fidelity and loyalty
to refuse revealing a client’s identity. (Regala vs. Sandiganbayan, to his client or invite suspicion of unfaithfulness in double-dealing
262 SCRA 122, September 20, 1996) in the performance thereof.(Tiana vs. Ocampo)
Exceptions: Rule 15.04 – A lawyer may, with the written consent of all concerned,
1. When by divulging such identity, it would implicate the client to act as mediator, conciliator or arbitrator in settling disputes.
that same controversy for which the lawyer’s services were Rule 15.05 – A lawyer, when advising his client, shall give a candid and
required. honest opinion on the merits and probable results of the client’s case,
2. It would open client to civil liability neither overstating nor understating the prospects of the case.
3. The disclosure of such identity will provide for the only link in Rule 15.06 – A lawyer shall not state nor imply that he is able to
order to convict the accused, otherwise, the government has no influence any public official, tribunal or legislative body.
case. Rule 15.07 – A lawyer shall impress upon his client compliance with the
 Requisites of Privileged Communication: laws and the principles of fairness.
1. Atty.-client relationship (or a kind of consultancy relationship with Rule 15.08 – A lawyer who is engaged in another profession or
a prospective client occupation concurrently with the practice of law shall make clear to his
2. Communication made by client to lawyer in the course of lawyer’s client whether he is acting as a lawyer or in another capacity.
professional employment  Lawyers should refrain from giving any advice unless they have
3. Communication is intended to be confidential (see Rule 130, Sec. obtained sufficient understanding of their client’s cause. A careful
21(b), Rules of Court) investigation and examination of the facts must first be had before
 When communication is not privileged: any legal opinion be given by the lawyer to the client.
1. after pleading has been filed
  To avoid breach of legal ethics, a lawyer should keep any
business, in which is engaged in concurrently with the practice of
law, entirely separate and apart from the latter.
CANON 16 – A lawyer shall hold in trust all moneys and properties of
his client that may come into his possession.
Rule 16.01 – A lawyer shall account for all money or property collected
or received for or from the client.
Rule 16.02 – A lawyer shall keep the funds of each client separate and
apart from his own and those of others kept by him.
Rule 16.03 – A lawyer shall deliver the funds and property of his client
when due or upon demand. However, he shall have a lien over the
funds and may apply so much thereof as may be necessary to satisfy
his lawful fees and disbursements, giving notice promptly thereafter to
his client. He shall also have a lien to the same extent on all judgments
and executions he has secured for his client as provided for the Rules
of Court.
Attorneys’ Liens – an attorney shall have a lien upon the funds,
documents and papers of his client which have lawfully come into his
possession and may retain the same until his lawful fees and disbursements
have been paid, and may apply such finds to the satisfaction thereof. He
shall also have a lien to the same extent upon all judgements for the
payment of money, and executions issued in pursuance of such judgements
which he has secured in a litigation of his client, from and after the time when
he shall have caused a statement of his claim of such lien to be entered
upon the records of the court rendering such judgement, or issuing such
execution, and shall have caused written notice thereof to be delivered to his
client and to the adverse party; and he shall have the same right and power
over such judgments and executions as his client would have to enforce his
lien and secure the payment of his fees and disbursements. (Sec, 37, Rule
138, RRC)
Rule 16.04 – A lawyer shall not borrow money from his client unless the
client’s interests are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend money to a client
except, when in the interest of justice, he has to advance necessary
expenses in the legal matter he is handling for the client.
 Attorney’s lien is not an excuse for non-rendition of accounting
 Cannot disburse client’s money to client’s creditors without
authority.
 Failure to deliver upon demand gives rise to the presumption that
he has misappropriated the funds for his own use to the prejudice
of the client and in violation of the trust reposed in him.
 Notify client if retaining lien shall be implemented
 When a lawyer enforces a charging lien against his client, the
client-lawyer relationship is terminated.
 The principle behind Rule 16.04 is to prevent the lawyer from
taking advantage of his influence over the client or to avoid
acquiring a financial interest in the outcome of the case.
CANON 17 – A lawyer owes fidelity to the cause of his client and he
shall be mindful of the trust and confidence reposed in him.
 No fear of judicial disfavor or public popularity should restrain him
from full discharge of his duty.
 It is the duty of the lawyer at the time of retainer to disclose to the
client all the circumstances of his relations to the parties and any
interest in, or connection with, the controversy which might
influence the client in the selection of counsel.
 The lawyer owes loyalty to his client even after the relation of
attorney and client has terminated. It is not good practice to
permit him afterwards to defend in another case other persons
against his former client under the pretext that the case is distinct
from and independent of the former case.
CANON 18 – A lawyer shall serve his client with competence and
diligence.
Rule 18.01 – A lawyer shall not undertake a legal service which he
knows or should know that he is not qualified to render. However, he
may render such service if, with the consent of his client, he can obtain
as collaborating counsel a lawyer who is competent on the matter.
Rule 18.02 – A lawyer shall not handle any legal matter without
adequate preparation.
Rule 18.03 – A lawyer shall not neglect a legal matter entrusted to him
and his negligence in connection therewith shall render him liable.
Rule 18.04 – A lawyer shall keep the client informed of the status of his
case and shall respond within a reasonable time to the client’s request
for information.
 Competence: sufficiency of lawyer’s qualification to deal with the
matter in question and includes knowledge and skill and the ability
to use them effectively in the interest of the client.
 A lawyer must keep himself constantly abreast with the trend of
authoritative pronouncements and developments in all branches
of law.
 There must be extraordinary diligence in prosecution or defense
of his client’s cause.
 If a lawyer errs like any other human being, he is not answerable
for every error or mistake, and will be protected as long as he acts
honestly and in good faith to the best of his skill and knowledge.
 Lawyer is not an insurer of the result in a case where he is
engaged in the counsel.
CANON 19 – A lawyer shall represent his client with zeal within the
bounds of the law.
Rule 19.01 – A lawyer shall employ only fair and honest means to attain
the lawful objectives of his client and shall not present, participate in
presenting or threaten to present unfounded criminal charges to obtain
an improper advantage in any case or proceeding.
Rule 19.02 – A lawyer who has received information that his client has,
in the course of the representation, perpetuated a fraud upon a person
or tribunal, shall promptly call upon the client to rectify the same, and
failing which he ha to terminate the relationship with such client in
accordance with the Rules of Court.
Rule 19.03 – A lawyer shall not allow his client to dictate the procedure
in handling the case.
 General Rule: Negligence binds client
Exception: Reckless imprudence (deprives client of due process)
Results in outright deprivation of one’s property through technicality
 Must not present in evidence any document known to be false;
nor present a false witness.
 Negative pregnant is improper since it is an ambiguous pleading
(improper if in bad faith and the purpose is to confuse the other
party)
In defense: present every defense the law permits.
 Lawyer should do his best efforts to restrain and to prevent his
clients from perpetrating acts which he himself ought not to do. Or
else, withdraw. But lawyer shall not volunteer the information
about the client’s commission of fraud to anyone – counter to duty
to maintain client’s confidence and secrets.
CANON 20 – A lawyer shall charge only fair and reasonable fees.
Rule 20.01 – A lawyer shall be guided by the following factors in
determining his fees:
1. a. The time spent and the extent of the services rendered
or required.
2. b. The novelty and difficulty of the questions involved;
3. c. The importance of the subject matter;
4. d. The skill demanded;
5. e. The probability of losing other employment as a result
of acceptance of the proffered case;
6. f. The customary charges for similar services and the
schedule of fees of the IBP chapter to which he belongs;
7. g. The amount involved in the controversy and the benefits
resulting to the client from the services;
8. h. The contingency or certainty of compensation;
9. i. The character of the employment, whether occasional
or established; and
10. j. The professional standing of the lawyer.
 Kinds of Payment which may be stipulated upon:
1. a fixed or absolute fee which is payable regardless of the result of
the case
2. a contingent fee that is conditioned to the securing of a favorable
judgment and recovery of money or property and the amount of
which may be on a percentage basis
3. a fixed fee payable per appearance
4. a fixed fee computed by the number of hours spent
5. a fixed fee based on a piece of work
 Attorney’s Fees
1. Ordinary attorney’s fee -the reasonable compensation paid to a
lawyer by his client for the legal services he has rendered to the
latter. The basis for this compensation is the fact of his
employment by and his agreement with the client.
2. Extraordinary attorney’s fee – an indemnity for damages ordered
by the court to be paid by the losing party in litigation. The basis
for this is any of the cases provided for by law where such award
can be made, such as those authorized in Article 2208 of the Civil
Code, and is payable NOT to the lawyer but to the client, unless
they have agreed that the award shall pertain to the lawyer as
additional compensation or as part thereof.
 How attorney’s fees may be claimed by the lawyer:
1. It may be asserted either in the very action in which the services
of a lawyer had been rendered or in a separate action.
2. A petition for attorney’s fees may be filed before the judgment in
favor of the client is satisfied or the proceeds thereof delivered to
the client.
3. The determination as to the propriety of the fees or as to the
amount thereof will have to be held in abeyance until the main
case from which the lawyer’s claim for attorney’s fees may arise
has become final. Otherwise, the determination of the courts will
be premature.
 Kinds of Retainer Agreements on Attorney’s fees:
1. General Retainer or Retaining Fee – it is the fee paid to a lawyer
to secure his future services as general counsel for any ordinary
legal problem that may arise in the ordinary business of the client
and referred to him for legal action;
2. Special Retainer – that is a fee for a specific case or service
rendered by the lawyer for a client
 Quantum Meruit –it means “as much as he deserves”, and is used
as the basis for determining the lawyer’s professional fees in the
absence of a contract, but recoverable by him from his client.
 Quantum Meruit is resorted to where:
1. there is no express contract for payment of attorney’s fees agreed
upon between the lawyer and the client;
2. when although there is a formal contract for attorney’s fees, the
stipulated fees are found unconscionable or unreasonable by the
court.
3. When the contract for attorney’s fees is void due to purely formal
matters or defects of execution
4. When the counsel, for justifiable cause, was not able to finish the
case to its conclusion
5. When lawyer and client disregard the contract for attorney’s fees.
 Skill: length of practice is not a safe criterion of professional
ability.
Rule 20.02 – A lawyer shall, in cases of referral, with the consent of the
client, be entitled to a division of fees in proportion to the work
performed and responsibility assumed.
Rule 20.03 – A lawyer shall not, without the full knowledge and consent
of the client, accept any fee, reward, costs, commission, interest, rebate
or forwarding allowance or other compensation whatsoever related to
his professional employment from anyone other than the client.
Rule 20.04 – A lawyer shall avoid controversies with clients concerning
his compensation and shall resort to judicial action only to prevent
imposition, injustice or fraud.
 Unauthorized counsel: Not entitled to attorney’s fees.
 Stipulation regarding payments of attorney’s fees is not
illegal/immoral and is enforceable as the law between the parties
provided such stipulation does not contravene law, good morals,
etc.
 When counsel cannot recover full amount despite written contract
for attorneys’ fees:
1. When he withdraws before the case is finished
2. justified dismissal of attorney (payment: in quantum meruit only)
 The reason for the award of attorney’s fees must be stated in the
text of the decision; otherwise, if it is stated only in the dispositive
portion of the decision, the same must be disallowed on appeal.
 Even though the interest or property involved is of considerable
value, if the legal services rendered do not call for much efforts
there is no justification for the award of high fees.
 Champertous Contracts (void) – Lawyer stipulates with his client
that in the prosecution of the case, he will bear all the expenses
for the recovery of things or property being claimed by the client
and the latter agrees to pay the former a portion of the
thing/property recovered as compensation.
 Compensation to an attorney for merely recommending another
lawyer is improper (agents)
 Attorney’s fees for legal services shared or divided to non-lawyer
is prohibited. Division of fees is only for division of service or
responsibility.
 A lawyer should try to settle amicably any differences on the
subject. A lawyer has 2 options. Judicial action to recover
attorney’s fees:
1. In same case: Enforce attorney’s fees by filing an appropriate
motion or petition as an incident to the main action where he
rendered legal services.
2. In a separate civil action.
CANON 21 – A lawyer shall preserve the confidences and secrets of his
client even after the attorney-client relation is terminated.
 Confidence – refers to information protected by the attorney-client
privilege (RRC)
 Secret – refers to other information gained in the professional
relationship that the client has regulated to be held inviolate or the
disclosure of which would be embarrassing or would likely be
detrimental to the client.
 An attorney cannot, without the consent of his client, be examined
as to any communication made by the client to him, or his advice
given thereon in the course of professional employment; nor can
an attorney’s secretary, stenographer, or clerk be examined,
without the consent of the client and his employees, concerning
any fact the knowledge of which has been acquired in such
capacity (Rule 130, Sec. 21 (b), RRC)
 The mere establishment of a client-lawyer relationship does not
raise a presumption of confidentiality. There must be an intent or
that the communication relayed by the client to the lawyer be
treated as confidential.
Rule 21.01 – A lawyer shall not reveal the confidences or secrets of his
client except:
1. a. When authorized by the client after acquainting him of
the consequences of the disclosure:
2. b. When required by law;
3. c. When necessary to collect his fees or to defend himself,
his employees or associates or by judicial action.
 When properly authorized after having been fully informed of the
consequences to reveal his confidences/secrets, then there is a
valid waiver.
 Art. 209. Betrayal of Trust by an Attorney or Solicitor. Revelation
of secrets. In addition to the proper administrative action, the
penalty of prision correccional in its minimum period, or a fine
ranging from P200 to P1000, or both, shall be imposed upon any
attorney at law or solicitor who, by any malicious break of
professional duty as inexcusable negligence or ignorance, shall
prejudice his client, or reveal any of the secrets of the latter
learned by him in his professional capacity.
The same penalty shall be imposed upon an attorney at law or solicitor who,
having undertaken the defense of a client, or having received confidential
information from said client in a case, shall undertake the defense of the
opposing party in the same case, without the consent of his first client (Rule
209, RPC)
 General Rule: Obligation to keep secrets covers only lawful
purposes
 Exceptions:
1. announcements of intention of a client to commit a crime
2. client jumped bail and lawyer knows his whereabouts; or client is
living somewhere under an assumed name
3. Communication involves the commission of future fraud or crime
but crimes/frauds “already committed” falls within the privilege.
Rule 21.02 – A lawyer shall not, to the disadvantage of his client, use
information acquired in the course of employment, nor shall he use the
same to his own advantage or that of a third person, unless the client
with full knowledge of the circumstances consents thereto.
Rule 21.03 – A lawyer shall not, without the written consent of his
Retaining Lien Charging Lien
client, give information from his files to an outside agency seeking
such information for auditing, statistical, bookkeeping, accounting, Passive Lien: It Active Lien: It can be
data processing, or any other similar purposes. cannot be actively enforced by
Rule 21.04 – A lawyer may disclose the affairs of a client of the firm to enforced. It is a execution. It is a
partners or associates thereof unless prohibited by the client. 1. Nature general lien special lien.
Rule 21.05 – A lawyer shall adopt such measures as may be required to
Lawful possession
prevent those whose services are utilized by him, from disclosing or
of papers, Securing of a
using confidences or secrets of the client.
documents, favorable money
Rule 21.06 – A lawyer shall avoid indiscreet conversation about a
property belonging judgment for the
client’s affairs even with members of his family.
2. Basis to client. client.
Rule 21.07 – A lawyer shall not reveal that he has been consulted about
a particular case except to avoid possible conflict of interest.
Covers only papers,
 Avoid committing calculated indiscretion – accidental revelation of
documents and
secrets obtained in his professional employment.
property in the Covers all judgments
 Prohibition applies, even if the prospective client did not thereafter
lawful possession of for the payment of
actually engage the lawyer.
the attorney by money and
reason of his executions issued in
CANON 22 – A lawyer shall withdraw his services only for good cause
professional pursuance of such
and upon notice appropriate in the circumstances.
3. Coverage employment judgments.
Rule 22.01 – A lawyer may withdraw his services in any of the following
cases: As soon as the As soon as the claim
1. a. When the client pursues an illegal or immoral course of attorney gets for attorney’s fees
conduct in connection with the matter he is handling; possession of the had been entered
2. b. When the client insists that the lawyer pursue conduct 4. When Lien papers documents into the records of
violative of these canons and rules; takes effect or property the case
3. c. When his inability to work with co-counsel will not
promote the best interest of the client; Client need not be Client and adverse

4. d. When the mental or physical condition of the lawyer notified to make it party must be notified

renders it difficult for him to carry out the employment 5. Notice effective to make it effective

effectively;
Generally, it is
5. e. When the client deliberately fails to pay the fees for the
exercisable only
services or fails to comply with the retainer agreement;
May be exercised when the attorney
6. f. When the lawyer is elected or appointed to a public
before judgment or had already secured
office, and
execution or a favorable judgment
7. g. Other similar cases
6. Applicability regardless thereof. for his client

Rule 22.02 – A lawyer who withdraws or is discharged shall subject to a

retaining lien, immediately turn over all papers and property to which
the client is entitled, and shall cooperate with his successor in the  In withdrawal as counsel for a client, an attorney may only retire

orderly transfer of the matter, including all information necessary for from a case either by written consent of his client or by permission

the proper handling of the matter. of the court after due notice and hearing, in which event the
attorney should see to it that the name of the new attorney is
recorded in the case.
 An attorney who could not get the written consent of his client
must make an application to the court, for the relation does not
terminate formally until there is a withdrawal of record. Counsel
has no right to presume that the court would grand his withdrawal
and therefore must still appear on the date of hearing.
  Requirements for the Substitution of Counsel in a Case: b. Acts Constituting Contempt:
1. written application 1. Misbehavior
2. written consent of client 2. Disobedience
3. written consent of attorney to be substituted 3. Publication concerning pending litigation
4. if the consent of the attorney to be substituted cannot be obtained, 4. Publication tending to degrade the court; disrespectful language in
there must be at least a proof of notice that the motion for pleadings
substitution has been served upon him, in the manner prescribed 5. Misleading the court or obstructing justice
by the rules. 6. Unauthorized practice of law
 A lawyer cannot recover compensation from one who did not 7. Belligerent attitude
employ or authorize his employment, however valuable the results 8. Unlawful retention of client’s funds
of his services may have been to such person. In similar cases,
no compensation when: Administrative Liabilities of lawyers
1. client conducts himself in a manner which tends to degrade his  Main Objectives of Disbarment and Suspension:
attorney; 1. to compel the attorney to deal fairly and honestly with his clients;
2. client refuses to extend cooperation; 2. to remove from the profession a person whose misconduct has
3. client stops having contact with him. proved him unfit to be entrusted with the duties and
The right of a client to terminate a lawyer is absolute. Such termination may responsibilities belonging to the office of an attorney;
be with or without cause. 3. to punish the lawyer;
4. to set an example or a warning for the other members of the bar;
Liabilities of Lawyers 5. to safeguard the administration of justice from incompetent and
 Civil Liability dishonest lawyers;
1. Client is prejudiced by lawyer’s negligence or misconduct 6. to protect the public
2. Breach of fiduciary obligation
3. Civil liability to third persons  Characteristics of Disbarment Proceedings:
4. Libelous words in pleadings; violation of communication privilege 1. Neither a civil nor criminal proceedings;
5. Liability for costs of suit (treble costs) – when lawyer is made 2. Double jeopardy cannot be availed of in a disbarment proceeding;
liable for insisting on client’s patently unmeritorious case or 3. It can be initiated motu propio by the SC or IBP. It can be initiated
interposing appeal merely to delay litigation without a complaint;
 Criminal Liability 4. It is imprescriptible;
1. Prejudicing client through malicious breach of professional duty 5. Conducted confidentially;
2. Revealing client’s secrets 6. It can proceed regardless of the interest of the lack thereof on the
3. Representing adverse interests part of the complainant;
4. Introducing false evidence 7. It constitutes due process.
5. Misappropriating client’s funds (estafa)
 Grounds for Disbarment or Suspension:
Contempt of Court 1. deceit;
a. Kinds of Contempt: 2. malpractice or other gross misconduct in office;
 Direct – consists of misbehavior in the presence of or so near a 3. grossly immoral conduct;
court or judge as to interrupt or obstruct the proceedings before 4. conviction of a crime involving moral turpitude;
the court or the administration of justice; punished summarily. 5. violation of oath of office;
 Indirect – one committed away from the court involving 6. willful disobedience of any lawful order of a superior court;
disobedience of or resistance to a lawful writ, process, order, 7. corrupt or willful appearance as attorney for a party to case
judgment or command of the court, or tending to belittle, degrade, without authority to do so (Sec. 27, Rule 138, RRC)
obstruct, interrupt or embarrass the court.
 Civil- failure to do something ordered by the court which is for the  Procedure for Disbarment
benefit of a party. 1. Institution either by:
 Criminal – any conduct directed against the authority or dignity of 2. the Supreme Court, motu proprio, or
the court. 3. the IBP, motu proprio, or
4. upon verified complaint by any person
 5. Six copies of the verified complaint shall be filed with the CANON 2 – A judge should avoid impropriety and the appearance of
Secretary of the IBP or Secretary of any of its chapter and shall impropriety in all activities.
be forwarded to the IBP Board of Governors. Rule 2.01 – A judge should so behave at all times as to promote public
6. Investigation by the National Grievance Investigators. confidence in the integrity and impartiality of the judiciary.
7. Submission of investigative report to the IBP Board of Governors. Rule 2.02 – A judge should not seek publicity for personal vainglory.
8. Board of Governors decides within 30 days. Rule 2.03 – A judge shall not allow family, social, or other relationships
9. Investigation by the Solicitor-General to influence judicial conduct or judgment. The prestige of judicial
10. SC renders final decision for disbarment/suspension/dismissal. office shall not be used or lent to advance the private interests of
others, nor convey or permit others to convey the impression that they
Quantum of Proof Required: CLEAR, CONVINCING & SATISFACTORY are in a special position to influence the judge.
evidence. Rule 2.04 – A judge shall refrain from influencing in any manner the
Burden of Proof: Rests on the COMPLAINANT, the one who instituted the outcome of litigation or dispute pending before another court of
suit administrative agency.
 A judge must be beyond suspicion. He has the duty not only to
 Officers authorized to investigate Disbarment cases: render a just and impartial decision but also to render it in such a
1. Supreme Court manner as to be free from any suspicion as to its fairness and
2. IBP through its Commission on Bar Discipline or authorized impartiality, and also as to his integrity.
investigator  Every litigant is entitled to nothing short of the cold neutrality of an
3. Office of the Solicitor General independent, wholly free, disinterested and impartial tribunal.
 A judge must be temperate in his language and must not lose his
 Mitigating Circumstances in Disbarment: cool.
1. Good faith in the acquisition of a property of the client subject of  A judge is prohibited from making public statements in the media
litigation (In re: Ruste, 70 Phil. 243) regarding a pending case so as not to arouse public opinion for or
2. Inexperience of the lawyer (Munoz v. People, 53 SCRA 190) against a party (violates the Principle of Subjudice)
3. Age (Lantos v. Gan, 196 SCRA 16)  Judges must not use or permit the use of any undignified/self-
4. Apology (Munoz v. People, 53 SCRA 190) laudatory statement regarding their qualifications or legal
Lack of Intention to slight or offend the Court (Rhum of the Philippines, Inc. v. services.
Ferrer, 20 SCRA 441).  A judge must not allow anyone to ride on his prestige. He should
*************************************************************************************** not create the impression that someone or some people are so
Code of Judicial Conduct close to him to enjoy his favor.
Preamble - An honorable, competent and independent judiciary exists to CANON 3 – A judge should perform official duties honestly, and with
administer justice and thus promote the unity of the country, the stability of impartiality and diligence.
government, and the well-being of the people.
CANON 1- A judge should uphold the integrity and independence of the ADJUDICATIVE RESPONSIBILITIES
judiciary Rule 3.01 – A judge shall be faithful to the law and maintain
Rule 1.01 – A judge should be the embodiment of competence, professional competence.
integrity, and independence.  Judge should be conversant with the law and its amendments.
Rule 1.02 – A judge should administer justice impartially and without Rule 3.02 – In every case, a judge shall endeavor diligently to ascertain
delay. the facts and the applicable law unswayed by partisan interest, public
Rule 1.03 – A judge should be vigilant against any attempt to subvert opinion or fear of criticism.
the independence of the judiciary and resist any pressure from  Finding of facts must be based not on the personal knowledge of
whatever source. the judge but upon the evidence presented.
 Judges should avoid even the slightest infraction of the law.  If the personal view of the judge contradicts the applicable
 Must be models of uprightness, fairness and honesty doctrine promulgated by the Supreme Court, nonetheless, he
 Should not relax in his study of the law and court decisions. should decide the case in accordance with that doctrine and not in
 Should not be swayed by public clamor or considerations of accordance with his personal views. He is however not prohibited
personal popularity from stating his own opinion on the matter if he wants to invite
 Must decide motions without delay. constructive attention thereto.
 Should also appear impartial.
Rule 3.03 – A judge shall maintain order and proper decorum in the
courts.
Rule 3.04 – A judge should be patient, attentive, and courteous to
lawyers, especially the inexperienced, to litigants, witnesses, and
others appearing before the court. A judge should avoid
unconsciously falling into the attitude of mind that the litigants are
made for the courts, instead of the courts for the litigants.
 Conduct of trial must not be attended with fanfare and publicity;
not permit pictures or broadcasting.
 Must use temperate language; should not make insulting remarks.
Rule 3.05 – A judge shall dispose of the court’s business promptly and
decide cases within the required periods.
Rule 3.06 – While a judge may, to promote justice, prevent waste of
time or clear up some obscurity, properly intervene in the presentation
of evidence during the trial, it should always be borne in mind that
undue interference may prevent the proper presentation of the cause of
the ascertainment of the truth.
Rule 3.07 – A judge should abstain from making public comments on
any pending or impending case and should require similar restraint on
the part of court personnel.
 Judge should take notes and rely on transcripts.
 Judge is not excused if stenographer is overloaded. He is
excused for delay on grounds of multifarious motions; appellate
court enjoins judge from further proceeding; heavy caseload.
ADMINISTRATIVE RESPONSIBILITIES
Rule 3.08 – A judge should diligently discharge administrative
responsibilities, maintain professional competence in court
managements, and facilitate the performance of the administrative
functions of other judges and court personnel.
Rule 3.09 – A judge should organize and supervise the court personnel
to ensure the prompt and efficient dispatch of business, and require at
all times the observance of high standards of public service and
fidelity.
Rule 3.10 – A judge should take or inititate appropriate disciplinary
measures against lawyers or court personnel for unprofessional
conduct of which the judge may have become aware.
Rule 3.11 – A judge should appoint commissioners, receivers, trustees,
guardians, administrators and others strictly on the basis of merit and
qualifications, avoiding nepotism, and favoritism. Unless otherwise
allowed by law, the same criteria should be observed in recommending
appointment of court personnel. Where the payment of compensation
is allowed, it should be reasonable and commensurate with the fair
value of services rendered.
 Ascertain that the records of all cases are properly kept and
managed.
 Maintain a checklist on the cases submitted for decision with a
view to know exactly the specific deadlines for the
resolution/decision of the said cases.
 Loss of records: gross negligence
 Should be a good manager.
 May not summarily suspend a lawyer for indirect contempt.
 Judge has the power to appoint, but the power to dismiss court
employees is vested in the Supreme Court.
 If knowingly nominate or appoint to any public office any person
lacking the legal qualification therefor, shall be guilty of unlawful
appointment punishable with imprisonment and fine (Art 244,
RPC).
DISQUALIFICATIONS
Rule 3.12 – A judge should take no part in proceeding where the
judge’s impartiality might reasonably be questioned. These cases
include, among others, proceedings where;
1. a. the judge has personal knowledge of disputed
evidentiary facts concerning the proceeding;
2. b. the judge served as executor, administrator, guardian,
trustee or lawyer in the case or matters in controversy, or a
former associate of the judge served as counsel during their
association, or the judge or lawyer was a material witness
therein;
3. c. the judge’s ruling in a lower court is subject of review
4. d. the judge is related by consanguinity or affinity to a
party litigant within the 6thdegree or to counsel within the
4th degree;
5. e. the judge knows that the judge’s spouse or child has a
financial interest, as heir, legatee, creditor, fiduciary, or
otherwise, in the subject matter in controversy or in a party
to the proceeding, or any other interest that could be
substantially affected by the outcome of the proceeding.
In every instance the judge shall indicate the legal reason for inhibition.
 Petition to disqualify judge must be filed before rendition of
judgment by the judge; can’t be raised first time on appeal.
 If a judge denies petition for disqualification, the ultimate test: is
whether or not the complaint was deprived of a fair and impartial
trial. Remedy: seek new trial.
REMITTAL OF DISQUALIFICATION
Rule 3.13 – A judge disqualified by the terms of Rule 3.12 may, instead
of withdrawing from the proceeding, disclose on the record the basis of
disqualification. If, based on such disclosure, the parties and lawyers
independently of the judge’s participation, all agree in writing that the
reason for the inhibition is immaterial or insubstantial, the judge may
then participate in the proceeding. The agreement, signed by all parties
and lawyers, shall be incorporated in the record of the proceeding.
CANON 4 – A judge may, with due regard to official duties, engage in
activities to improve the law, the legal system and the administration of
justice.
Rule 4.01 – A judge may, to the extent that the following activities do
not impair the performance of judicial duties or case doubt on the
judge’s impartiality:
1. a. speak, write, lecture, teach or participate in activities
concerning the law, the legal system and the administration
of justice;
2. b. appear at a public hearing before a legislative or
executive body on matters concerning the law, the legal
system or the administration of justice and otherwise consult
with them on matters concerning the administration of
justice;
3. c. serve on any organization devoted to the improvement
of the law, the legal system or the administration of justice.
 Decision to engage in these activities depends upon the sound
judgement of the judge.
 If has not enough time to spare (such as when caseload is too
heavy) prudence dictates, he must concentrate on his judicial
duties.
 If a judge has time to spare, the best attitude to take is to
participate in activities which are closely related to the
performance of his duties and which do not consume much of his
time and energy.
CANON 5 – A judge should regulate extra-judicial activities to minimize
the risk of conflict with judicial activities.
VOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES
Rule 5.01 – A judge may engage in the following activities provided
that they do not interfere with the performance of judicial duties or
detract from the dignity of the courts:
1. a. write, lecture, teach and speak on non-legal subjects;
2. b. engage in the arts, sports, and other special recreational
activities;
3. c. participate in civic and charitable activities;
4. d. serve as an officer, director, trustee, or non-legal
advisor of a non-profit or non-political, educational, religious,
charitable, fraternal, or civic organization.
 If they opt to engage in such activities, they must learn how to
manage their time in such manner that their judicial
responsibilities do not falter and suffer.
FINANCIAL ACTIVITIES
Rule 5.02 – A judge shall refrain from financial and business dealings
that tends to reflect adversely on the court’s impartiality, interfere with
the proper performance of judicial activities, or increase involvements
with lawyers or persons likely to come before the court. A judge should
so manage investments and other financial interests as to minimize the
number of cases giving grounds for disqualification.
Rule 5.03 – Subject to the provisions of the proceeding rule, a judge
may hold and manage investments but should not serve as an officer,
director, manager, advisor, or employee of any business except as
director of a family business of the judge.
Rule 5.04 – A judge or any, immediate member of the family, shall not
accept a gift, bequest, favor or loan from anyone except as may be
allowed by law.
Rule 5.05 – No information acquired in a judicial capacity shall be used
or disclosed by a judge in any financial dealing or for any other
purpose not related to judicial activities.
 Prohibitions under the Revised Penal Code:
Art 215. Prohibited Transaction. The penalty of prision correccional in its
minimum period or a fine ranging from P200 to P1000 or both, shall be
imposed upon any appointive public officer who, during his incumbency, shall
directly or indirectly become interested in any transaction of exchange or
speculation within the territory subject to his jurisdiction.
Art 216. Possession of prohibited interest by a public officer. The penalty
of arresto mayor in its medium period to prision correccional in its minimum
period, or a fine ranging from P200 to P1000, or both, shall be imposed upon
a public officer who directly and indirectly, shall become interested in any
contract or business which it is his official duty to intervene.
 Sec 3. Corrupt practices of public officers. In addition to acts or
omissions of public officers already penalized by existing law, the
following shall constitute corrupt practices of any public officer and
are hereby declared to be unlawful:
XXX
(h) Directly or indirectly having financial or pecuniary interest in any business,
or contract or transaction in connection with which here intervenes or takes
part in his official capacity or in which he is prohibited by the Constitution or
by any law from having any interest, (Sec. 3(h), RA 3019)
 General Rule: Avoid taking or receiving loans from litigants.
 Exception (AGCPA): Unsolicited gifts or presents of small value
offered or given as a mere ordinary token of gratitude or
friendship according to local custom or usage.
FIDUCIARY ACTIVITIES
Rule 5.06 – A judge should not serve as the execution administrator,
trustee, guardian, or other fiduciary, except for the estate, trust, or
person of a member of the immediate family and then only if such
service will not interfere with the proper performance of judicial duties.
“member of immediate family” shall be limited to the spouse and
relatives within the second degree of consanguinity. As a family
fiduciary, a judge shall not:
1. a. serve in proceedings that might come before the court
of said judge; or
2. b. act as such contrary to Rule 5.02 to 5.05
PRACTICE OF LAW AND OTHER PROFESSION DATE OF EFFECTIVITY
Rule 5.07 – A judge shall not engage in the private practice of This code, promulgated on 5 September 1989, shall take effect on 20
law. Unless prohibited by the Constitution or law, a judge may engage October 1989.
in the practice of any other profession provided that such practice will  An administrative case against a judge is not necessarily
not conflict or tend to conflict with judicial functions. dismissed by the withdrawal by or desistance of the complainant.
 Includes preparation of pleadings or papers in anticipation of  Retirement, resignation or promotion of a judge does not
litigation, and giving of legal advice to clients or persons needing necessarily render moot and academic all the cases against him.
the same.  Civil Liabilities Re Official Functions:
 Not engage in notarial work. Exception: “Notaries public ex-oficio” 1. obstructs, defeats, violates or in any manner impedes or impairs
– may engage only in notarization of documents connected with the civil rights.
the exercise of their official functions. Provided, all notarial fees on 2. Willful or negligent rendition of a decision which causes damages
account of the government and certification attesting to lack of to another
any lawyer or Notary Public. 3. For damages: rendering/neglecting to decide a case causing loss
 Sworn statement of assets and liabilities including statement of to a party.
amounts and services of income, the amount of personal and 4. Civil Code Disabilities:
family expenses and the amount of income tax is paid for the next Rule: Can’t purchase properties subject of litigation is his court.
preceding calendar year. Exception: Does not apply where the subject property was not acquired from
any of the parties to the case, nor will it apply when the litigation is already
FINANCIAL DISCLOSURE finished.
Rule 5.08 – A judge shall make full financial disclosure as required by But… while in a technical sense, the judge may not have acquired the
law. property in litigation in a case before him, nevertheless, it is improper for him
EXTRA-JUDICIAL APPOINTMENTS to have done so under the canons of judicial ethics.
Rule 5.09 – A judge shall not accept appointment or designation to any  Donations made to a judge by reason of his office are void.
agency performing quasi-judicial or administrative functions.  Taking advantage of his position to boost his candidacy amounts
to gross misconduct.
POLITICAL ACTIVITIES  Cannot serve as officers or advisers of political groups.
Rule 5.10 – A judge is entitled to entertain personal views on political
questions. But to avoid suspicion of political partisanship, a judge Criminal Liabilities of Judges
shall not make political speeches, contribute to party funds, publicly  Malfeasance under the RPC:
endorse candidates for political office or participate in other partisan 1. Knowingly Rendering Unjust Judgment (Art. 204, RPC)
political activities. The elements are:
COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT 1. that the officer is a judge;
All judges shall strictly comply with this code 2. that he renders judgment in a case submitted to him for decision;
3. that the judgment is unjust;
4. the judge knows that his judgment is unjust.
1. Judgment Rendered Through Negligence (Art. 205, RPC)
The elements are:
1. that the offender is a judge;
2. that he renders judgment in a case submitted to him for decision
3. that the judgment is manifestly unjust;
4. that is due to his inexcusable negligence or ignorance.
Notaries Public 1. those who have passed the studies of law in a reputable
 Powers and Duties of a Notary Public university
Section 241 of the Revised Administrative Act enumerates the General 2. a clerk or deputy clerk of court for a period of not less than two
Powers of a Notary Public: years
1. To administer all oaths and affirmations provided for by law:
1. in all matters incident to his notarial office;  Effects of NOTARIZATION
2. in the execution of: 1. The notary, in effect, proclaims to the world:
1. affidavits 1. that all the parties therein personally appeared before
2. depositions him
3. other documents requiring an oath 2. that they are personally known to him
2. To receive proof or acknowledgment of all writings relating to 3. that they are the same persons who executed the
commerce, such as instrument
1. ships, vessels or boats: 4. that he inquired into the voluntariness of the execution
1. Bills of Exchange of the instrument; and
2. Bottomries 5. that they acknowledged personally before him that
3. Mortgages they voluntarily and freely executed the same
4. Hypothecations 6. 2. Converts a private document into a public one
5. charter parties or affreightments and renders it admissible in court without further proof
6. letters of attorney of its authenticity. (Joson vs. Baltazar)
7. land/buildings or interest therein: 7. 3. Documents enjoy a presumption of regularity. It
1. deeds constitutes prima facie evidence of the facts which give
2. mortgages rise to their execution and of the date of said
3. transfers and assignments execution, but not of the truthfulness of the statements.
4. other writings as are commonly The reason for the former presumption is that the law
provided or acknowledged assumes that the act which the officer witnesses and
before notaries. certified to or the date written by him are not shown to
3. To act as magistrate in the writing of affidavits or depositions be false since notaries are public officers.
4. To make declarations and certify the truth thereof under his seal of
office, concerning all matters done by him in virtue of his office. Special Disabilities of Lawyers
 The law imposes on the notary public two kinds of duties: The following persons are prohibited from acquiring property
1. execution of formalities required by law; and under litigation by reason of the relation of trust or their peculiar
2. Verification of the capacity and identity of the parties as well as control either directly or indirectly and even at a public or judicial
the legality of the act executed. auction:
 Extent of Jurisdiction of a Notary Public: 1. 1. guardians;
Under the Notarial Law, the jurisdiction of a notary public in general, used to 2. 2. agents
be CO-EXTENSIVE with the province for which he was commissioned; and 3. 3. administrators
for the notary public in the City of Manila, the jurisdiction is CO-EXTENSIVE 4. 4. public officers and employees
with said city. Circular 8 of 1985 however, clarified further that the notary 5. 5. judicial officers and employees
public may be commissioned for the same term only by one court within the 6. 6. prosecuting attorneys and lawyers (Art 1491, NCC)
Metro Manila region. 7. 7. those specially disqualified by law (Rubias vs. Batilles, 31
SCRA 120)
 Elements of Article 1491 (Civil Code; Laig vs. CA, 82 SCRA 294)
 Q: Must a Notary Public always be a LAWYER? 1. there must be an attorney-client relationship
A: General Rule: Only those admitted to the practice of law are qualified to 2. the property or interest of the client must be in litigation
be notaries public. 3. the attorney takes part as counsel in the case
Exception: When there are no persons with the necessary qualifications OR 4. the attorney by himself or through another purchases such
where there are qualified persons but refuse appointment. In which case, the property or interest during the pendency of the litigation.
following persons may be appointed as notaries:  General Rule: A lawyer may not purchase, even at a public or
judicial auction, in person or through the mediation of another, any
 property or interest involved in any litigation in which he may take
part by virtue of his profession. This prohibition is entirely
independent of fraud and such need not be alleged or proven.
Effects:
1. malpractice on the part of the lawyer and may be disciplined for
misconduct
2. transaction is null and void
 Exceptions:
1. property is acquired by lawyer through a contingent fee
arrangement
2. any of the 4 elements of Art. 1491 is missing

Judicial Ethics
 Sources of Judicial Ethics:
1. Code of Judicial Conduct
2. Constitution (Art VIII, Art IX and Art III)
3. New Civil Code (Articles 9, 20, 27, 32, 35, 739, 1491, 2005, 2035,
2046)
4. Revised Rules of Court (Rules 71, 135, 137, 139B, 140)
5. Revised Penal Code (Articles 204, 205, 206, 207)
6. Anti-Graft and Corrupt Practices Act (RA 3019)
7. Canons of Judicial Ethics (Adm. Order No. 162)
8. Code of Professional Responsibility
9. Judiciary Act of 1948 (RA 296)
10. Judiciary Reorganization Act of 1930 (BP129)
11. Supreme Court Decisions
12. Foreign Decisions
13. Opinions of authorities
14. Other Statutes
15. SC Circulars

 Court –a board or other tribunal which decides a litigation or

contest (Hidalgo v. Manglapus, 64 OG 3189)
 Judge –a public officer who, by virtue of his office, is clothed with
judicial authority, a public officer lawfully appointed to decide
litigated questions in accordance with law.
 De Jure Judge –one who is exercising the office of judge as a
matter of right; and officer of a court who has been duly and
legally appointed, qualified and whose term has not expired.
 De Facto Judge –an officer who is not fully vested with all the
powers and duties conceded to judges, but is exercising the office
of a judge under some color of right.

 Qualification of Supreme Court Members:

1. Natural born citizen of the Philippines;
2. At least 40 years of age;
3. Must have been at least for 15 years, a judge of a lower court or
engaged in the practice of law (Sec 7(2), Art. VIII, 1987
Constitution).