Professional Documents
Culture Documents
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TABLE OF CONTENTS
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TABLE OF CONTENTS
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UP LAW BOC LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
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the fact that they are lawyers (Re: Letter of (c) Age (at least 21 years old);
UP Law Faculty (2011)). (d) Good moral character and no charges
B.1. PRIVILEGE involving moral turpitude;
The practice of law is a privilege bestowed only (e) Legal education (consisting of pre-law
to those who are morally fit. A bar candidate and law proper);
who is morally unfit cannot practice law even if (f) Pass the bar examinations;
he passes the bar examinations (Aguirre v. Rana (g) Take the lawyer’s oath;
(2003)). (h) Sign the roll of attorneys.
(15)
Membership in the legal profession is a (2) Good and regular standing:
privilege demanding a high degree of good (a) Remain a member of the Integrated Bar
moral character, not only as a condition of the Philippines (IBP);
precedent to admission, but also as a (b) Regularly pay all IBP dues and other
continuing requirement for the practice of law. lawful assessments
(Wilkie v. Limos (2008)). (c) Faithful observance of the rules and
ethics of the legal profession (e.g.:
B.2. PROFESSION, NOT BUSINESS (MCLE));
Lawyering is not a business; it is a profession in (d) Be continually subject to judicial
which duty to public service, not money, is the disciplinary control [Agpalo (2004)].
primary consideration (Burbe v. Magulta
(2002)). Passing the bar is not the only qualification to
become an attorney-at-law. Two essential
requisites for becoming a lawyer still had to be
B. QUALIFICATIONS
performed, namely: his lawyer’s oath to be
Any person admitted to the bar and who is in
administered by this Court and his signaturein
good and regular standing is entitled to practice
the roll of attorneys (Aguirre v. Rana (2003)).
law (Section 1, Rule 138).
General rule: Only members of the bar are
Every applicant for admission as a member of
entitled to practice law.
the bar must be:
(1) Citizen of the Philippines;
Exceptions: The following are also allowed in
(11) At least 21 years of age;
exceptional circumstances:
(12) Of good moral character
(1) Law students;
(13) Resident of the Philippines;
(2) By an agent/friend;
(14) Produce before the Supreme Court
(3) By the litigant himself.
satisfactory evidence:
(a) Of good moral character;
B.1. CITIZENSHIP
(b) That no charges against him, involving
The practice of all professions in the Philippines
moral turpitude, have been filed or are
shall be limited to Filipino citizens save in cases
pending in any court in the Philippines
prescribed by law (Sec. 14, Art. XII, 1987 Consti).
(Section 2, Rule 138).
Every applicant for admission as a member of
Requisites for the practice of law:
the bar must be a citizen of the Phils. (Rules of
(1) Admission to the bar:
Court, Rule 138, Sec. 2.)
(a) Citizenship;
(b) Residence;
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Ratio: Citizenship ensures allegiance to the have been filed or are pending in any court in
Republic and its laws. the Philippines. (RoC, Rule 138, Sec. 2.)
The loss of Filipino citizenship ipso jure Good moral character is a continuing
terminates the privilege to practice law in the qualification required of every member of the
Philippines except when citizenship is lost by bar, it is not only a qualification precedent to
reason of naturalization and reacquired through the practice of law (Narag v. Narag (1998)).
RA 9225 (Petition to Resume Practice of Law of
Dacanay (2007)). Absence of a proven conduct or act which has
been historically and traditionally considered as
A Filipino lawyer who has lost and reacquired a manifestation of moral turpitude. The act or
his citizenship under RA 9225 is deemed not to conduct need not amount to a crime; and even
have lost his Philippine citizenship. However, he if it does constitute an offense, a conviction
still needs to apply with the Supreme Court for upon a criminal charge is not necessary to
a license or permit to engage in such practice demonstrate bad moral character although it
after compliance with the following: may show moral depravity (Agpalo (2004)).
(1) Updating and payment of annual
membership dues in the IBP; Good moral character is what a person really is,
(2) Payment of professional tax; as distinguished from good reputation, the
(3) Completion of 36 hours of MCLE; estimate in which he is held by the public in the
(4) Retaking of the lawyer’s oath (Section 5(4), place where he is known (In the matter of Haron
RA 9225). Meling (2004)).
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thereto the completion of a four-year high (3) Completion of all the fourth year subjects in
school course, the course of study prescribed a law school duly recognized by the
therein for a bachelor’s degree in arts or Philippine Government (SC Bar Matter 1153:
sciences with any of the following subjects as Re: Letter of Atty. Mendoza (2010)).
major or field of concentration: Political
Science, Logic, English, Spanish, History and B. APPEARANCE OF NON-LAWYERS
Economics (Section 6, Rule 138).
B.1. LAW STUDENT PRACTICE
II. LAW PROPER A law student who has successfully completed
All applicants for admission shall, before being third year of the regular four-year prescribed
admitted to the examination, satisfactorily show law curriculum and is enrolled in a recognized
that they have regularly studied law for four law school's clinical legal education program
years, and successfully completed all prescribed approved by the Supreme Court, may appear
courses, in a law school or university, officially without compensation in any civil, criminal or
approved and recognized by the Secretary of administrative case before any trial court,
Education. The affidavit of the candidate, tribunal, board or officer, to represent indigent
accompanied by a certificate from the university clients accepted by the legal clinic of the law
or school of law, shall be filed as evidence of school (Sec. 1, Rule 138-A).
such facts, and further evidence may be
required by the court. (Section 5, Rule 138). The appearance of the law student shall be
under the direct supervision and control of a
No applicant shall be admitted to the bar member of the Integrated Bar of the Philippines
examinations unless he has satisfactorily duly accredited by the law school. Any and all
completed the following courses in a law school pleadings, motions, briefs, memoranda or other
or university duly recognized by the papers to be filed, must be signed by the
government: supervising attorney for and in behalf of the
(1) Civil Law legal clinic (Sec. 2, Rule 138-A).
(2) Commercial Law
(3) Remedial Law The Rules safeguarding privileged
(4) Public International Law communications between attorney and client
(5) Private International Law shall apply (Sec. 3, Rule 138-A).
(6) Political Law
(7) Labor and Social Legislation The law student shall comply with the
(8) Medical Jurisprudence standards of professional conduct governing
(9) Taxation members of the bar. Failure of an attorney to
(10) Legal Ethics provide adequate supervision of student
practice may be a ground for disciplinary action
Filipino citizens who are graduates of foreign (Sec. 4, Rule 138-A).
law schools are allowed to take the bar
examinations provided they show the following: Section 34, Rule 138 is clear that appearance
(1) Completion of all courses leading to the before the inferior courts by a non-lawyer is
degree of Bachelor of Laws or its equivalent allowed, irrespective of whether or not he is a
degree. law student (Cruz v. Mina (2007)). Thus, a law
(2) Recognition or accreditation of the law student may appear under the circumstances of
school by the proper authority Section 38, as an agent or a friend of a party
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litigant, without complying with the Sec. 34 does not distinguish between civil and
requirements of Rule 138-A, e.g., supervision of criminal cases. However, in criminal cases, the
a lawyer. rule is qualified:
(1) Under Section 1(c), Rule 115, the accused
B.2. NON-LAWYERS IN COURTS may defend himself in person “when it
In the court of a municipality a party may sufficiently appears to the court that he can
conduct his litigation in person, with the aid of properly protect his rights without the
an agent or friend appointed by him for that assistance of counsel.”
purpose, or with the aid of an attorney. In any (2) Under Section 7, Rule 116, in determining
other court, a party may conduct his litigation whether a counsel de oficio should be
personally or by aid of an attorney, and his appointed, or, for that matter, whether a
appearance must be either personal or by a duly counsel de parte should be required
authorized member of the bar (Sec 34, Rule 138). (conversely, whether the accused should be
allowed to defend himself in person), the
Public policy demands that legal work in gravity of the offense and the difficulty of
representation of parties should be entrusted the questions that may arise should be
only to those possessing tested qualifications considered.
(PAFLU v. Binalbagan (1971)).
While the right to be represented by counsel is
However, the Supreme Court, in the exercise of immutable, the option to secure the services of
its judicial power, can validly authorize a counsel de parte is not absolute. The court may
layman to represent a litigant in court restrict the accused’s option to retain a counsel
(Agpalo(2004)). de parte if:
(1) He insists on an attorney he cannot afford;
B.3. SELF-REPRESENTATION (2) He chose a person not a member of the bar;
In any court, a party may conduct his litigation (3) The attorney declines for a valid reason
in person. (e.g., conflict of interest) (People v. Serzo
(1997)).
An attorney who is otherwise disqualified to
practice law, or has been disbarred or B.4. AGENT OR FRIEND
suspended from practice, can validly prosecute When appointed or chosen, the agent or friend
or defend his own litigation, he having as much is not engaged in the practice of law, since there
right as that of a layman (Danforth v. Egan is no habituality in the activity and no attorney-
(1920)). client relationship exists. He is only permitted to
appear in the municipal trial court.
When a person conducts his litigation in person,
he is not engaged in the practice of law (Agpalo In criminal cases, in localities where members
(2004)). of the bar are not available, the court may
appoint any person (i.e., non-lawyer), who is a
A juridical person may also appear through its resident of the province and of good repute for
non-lawyer agents or officers in the municipal probity and ability to defend the accused, in lieu
trial court. of a counsel de oficio (Sec. 7, Rule 116). In
relation to Sec. 34, Rule 138,this is only allowed
in the municipal trial court.
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interest adverse to the Government, insular, the best of my knowledge and discretion with
provincial or municipal, or to any of its all fidelity as well to the courts as to my
legally constituted officers. clients; and
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(8) Never to reject, for any consideration (2) Rape of a neighbor’s wife, which constitutes
personal to himself, the cause of the serious moral depravity, even if his guilt was
defenseless or oppressed; not proved beyond reasonable doubt in the
(9) In the defense of a person accused of crime, criminal prosecution for rape (Calub v.
by all fair and honorable means, regardless Suller (2000)).
of his personal opinion as to the guilt of the
accused, to present every defense that the These, however, are not grossly immoral acts:
law permits, to the end that no person may (1) Mere intimacy between a man and a
be deprived of life or liberty, but by due woman, both of whom possess no
process of law (Sec. 20, Rule 138). impediment to marry, voluntarily carried
and devoid of deceit on the part of the
B. TO SOCIETY respondent, even if a child was born out of
wedlock of such relationship; it may suggest
B.1. RESPECT FOR LAW AND LEGAL a doubtful moral character but not grossly
PROCESSES immoral (Figueroa v. Barranco (1997)).
(2) Stealing a kiss from a client (Advincula v.
Canon 1. A lawyer shall uphold the Constitution,
obey the laws of the land and promote respect Macabata (2007)).
for law and legal process.
Moral turpitude includes everything which is
Rule 1.01. A lawyer shall not engage in unlawful, done contrary to justice, honesty, modesty, or
dishonest, immoral or deceitful conduct. good morals. It involves an act of baseness,
vileness, or depravity in the private duties which
An unlawful conduct is act or omission which is a man owed his fellowmen, or to society in
against the law. Dishonesty involves lying or general (Barrios v. Martinez (2004)).
cheating (Agpalo (2004)).
Murder, estafa, rape, violation of BP 22, bribery,
An immoral or deceitful conduct is that which is bigamy, adultery, seduction, abduction,
willful, flagrant or shameless and which shows concubinage and smuggling are considered
a moral indifference to the opinion of the good crimes involving moral turpitude.
and respectable members of the community
(Aguirre, (2006)). A certificate of membership in the Bar is distinct
and separate from a certificate of good
Immorality connotes conduct that shows standing/clearance as a lawyer. It is the latter
indifference to the moral norms of society. For certificate which is actually required for an
such conduct to warrant disciplinary action, the application for notarial commission (Agno v.
same must be grossly immoral, it must be so Cagatan (Dec. 07, 2010)).
corrupt and false as to constitute a criminal act
or so unprincipled as to be reprehensible to a Rule 1.02. A lawyer shall not counsel or abet
high degree (Ui v. Bonifacio (2000)). activities aimed at defiance of the law or at
lessening confidence in the legal profession.
The following are grossly immoral acts:
(1) Wanton disregard for the sanctity of The promotion of organizations, with
marriage as shown when the lawyer knowledge of their objectives, for the purpose of
pursued a married woman and thereafter violating or evading the laws constitutes such
cohabited with her (Guevarra v. Eala misconduct in his office (In re: Terrell (1903)).
(2007));
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The function of a lawyer is not only to conduct Rule 2.02. In such cases, even if the lawyer does
litigation but to avoid it where possible, by not accept a case, he shall not refuse to render
advising settlement or withholding suit. He legal advice to the person concerned if only to
the extent necessary to safeguard the latter’s
must act as mediator for compromise rather rights.
than an instigator and conflict (Agpalo (2004)).
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Advice may be on what preliminary steps to B.3. TRUE, HONEST, FAIR, DIGNIFIED &
take until the client has secured the services of OBJECTIVE INFORMATION ON LEGAL
counsel. But he shall refrain from giving legal SERVICES
advice if the reason for not accepting the case is Canon 3. A lawyer in making known his legal
that there involves a conflict of interest between services shall use only true, honest, fair,
him and a prospective client or between a dignified and objective information or
present client and a prospective client. (Agpalo statement of facts.
(2004))
Rule 2.03.A lawyer shall not do or permit to be Rule 3.01. A lawyer shall not use or permit the
done any act designed to primarily solicit legal
use of any false, fraudulent, misleading,
business.
deceptive, undignified, self laudatory or unfair
Law is not a business but a profession. Unlike a statement or claim regarding his qualifications
businessman, the lawyer has: or legal services.
(1) Relation to the administration of justice
involving sincerity, integrity and reliability The most worthy and effective advertisement
as an officer of the court; possible, even for a young lawyer, and
(2) Duty of public service; especially with his brother lawyers, is the
(3) Relation to clients with the highest degree establishment of a well-merited reputation for
of fiduciary; professional capacity and fidelity to trust. This
(4) Relation to colleagues at the bar cannot be forced, but must be the outcome of
characterized by candor, fairness and character and conduct [Canon 27, Canons of
unwillingness to resort to business methods Professional Ethics; In re: Tagorda (1929)].
of advertising and encroachment on their
practice, or dealing directly with their The following are considered allowable
clients (Agpalo (2004)). advertisement:
(1) Ordinary simple professional card;
Thus, the practice of soliciting cases at law for (2) Publication in reputable law list with brief
the purpose of gain, either personally or biographical and other informative data
through paid agents or brokers, constitutes which may include:
malpractice (Sec. 27, Rule 138). (a) Name;
(b) Associates;
Rule 2.04. A lawyer shall not charge rates lower (c) Address;
than those customarily prescribed unless the (d) Phone numbers;
circumstances so warrant. (e) Branches of law practiced;
(f) Birthday;
This rule prohibits the competition in the matter (g) Day admitted to the bar;
of charging professional fees for the purposed (h) Schools and dates attended;
of attracting clients in favor of the lawyer who (i) Degrees and distinctions;
offers lower rates. The rule does not prohibit a (j) Public or quasi-public offices;
lawyer from charging a reduced fee or none at (k) Posts of honor;
all to an indigent or to a person who would have (l) Legal authorships;
difficulty paying the fee usually charged for (m) Teaching positions;
such services (Agpalo (2004)). (n) Associations;
(o) Legal fraternities and societies;
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(p) References and regularly represented conduct, the magnitude of the interests
clients must be published for that involved, the importance of lawyer’s
purpose [Ulep v. The Legal Clinic, Inc. position, and all other like self-laudation.
(1993)];
(3) Publication of simple announcement of A lawyer may not properly publish his brief
opening of law firm, change of firm; biographical and informative data in a daily
(4) Listing in telephone directory but not under paper, magazine, trade journal or society
designation of special branch of law; program in order to solicit legal business [Khan
(5) If acting as an associate (specializing in a v. Simbillo (2003)].
branch of law), may publish a brief and
dignified announcement to lawyers (law It is highly unethical for an attorney to advertise
list, law journal); his talents or skill as a merchant advertises his
(6) If in media, those acts incidental to his wares. The law is a profession not a business.
practice and not of his own initiative; Solicitation of cases by himself or through
(7) Writing legal articles; others is unprofessional and lowers the
(8) Activity of an association for the purpose of standards of the legal profession. [In re:
legal representation. Tagorda (1929)].
The lawyer must make it clear to his client Ratio: All partners by their joint efforts over a
whether he is acting as a lawyer or in another period of years contributed to the goodwill
capacity. attached to the firm name, and the removal of
the deceased partner’s name disturbs the client
PROHIBITED ADVERTISEMENTS goodwill built through the years.
(Sec. 27, Canon of Professional Ethics)
(1) Through touters of any kind whether allied Firms may not use misleading names showing
real estate firms or trust companies association with other firms to purport legal
advertising to secure the drawing of deeds services of highest quality and ties with
or wills; multinational business enterprise especially
(2) Offering retainers in exchange for when such firm attached as an associate cannot
executorships or trusteeships to be legally practice law in the Philippines [Dacanay
influenced by the lawyer; v. Baker and McKenzie (1985)].
(3) Furnishing or inspiring newspaper
comments concerning the manner of their
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Rule 3.03. Where a partner accepts public office, of gimmickry, press agentry or other artificial
he shall withdraw from the firm and his name means.
shall be dropped from the firm name unless the
law allows him to practice law concurrently. This rule prohibits from making indirect
publicity gimmick, such as furnishing or
Purpose: To prevent the law firm from using his inspiring newspaper comments, procuring his
name to attract legal business and to avoid photograph to be published in connection with
suspicion of undue influence. cases which he is handling, making a courtroom
scene to attract the attention of newspapermen,
A civil service officer or employee whose duty or or arranging for the purpose an interview with
responsibility does not require his entire time to him by media people [Agpalo (2004)].
be at the disposal of the government may not
engage in the private practice of law without B.4 PARTICIPATION IN THE
the written permit from the head of the IMPROVEMENT AND REFORMS IN THE
department concerned [Agpalo (2004)]. LEGAL SYSTEM
Canon 4. A lawyer shall participate in the
It is unlawful for a public official or employee to, development of the legal system by initiating or
among others, engage in the private practice of supporting efforts in law reform and in the
their profession, unless authorized by the improvement of the administration of justice.
Constitution or law, provided that such practice
will not conflict or tend to conflict with official Examples:
functions [Samonte v. Gatdula (1999)]. (1) Presenting position papers or resolutions
If the unauthorized practice on the part of a for the introduction of pertinent bills in
person who assumes to be an attorney causes Congress;
damage to a party, the former may be held
(2) Submitting petitions to the Supreme Court
liable for estafa.
for the amendment of the Rules of Court.
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practical training of law students and assist in advance his private interests, nor allow the latter
disseminating information regarding the law to interfere with his public duties.
and jurisprudence.
In relation to Rule 3.03, Canon 3, if the law
APPLICABILITY TO GOVERNMENT LAWYERS allows a public official to practice law
Canon 6. These canons shall apply to lawyers in concurrently, he must not use his public
government service in the discharge of their position to feather his law practice. Moreover,
official duties. he should not only avoid all impropriety. Neither
should he even inferentially create a public
Ratio: The rule is a reiteration of the principal in image that he is utilizing his public position to
public law, which is that a public office is a advance his professional success or personal
public trust and a public servant owes utmost interest at the expense of the public [Agpalo].
fidelity to the public service.
It bears stressing also that government lawyers
A member of the bar who assumes public office who are public servants owe fidelity to the
does not shed his professional obligation. public service, a public trust. [Huyssen v.
Lawyers in government are public servants who Gutierrez (2006)].
owe the utmost fidelity to the public service.
[Vitriolo v. Dasig (2003)]. Rule 6.03. A lawyer shall not, after leaving
government service, accept engagement or
Rule 6.01. The primary duty of a lawyer engaged employment in connection with any matter in
in public prosecution is not to convict but to see which he had intervened while in said service.
that justice is done. The suppression of facts or
the concealment of witnesses capable of HOW GOVERNMENT LAWYERS MAY LEAVE
establishing the innocence of the accused is GOVERNMENT SERVICE: (R2EAD)
highly reprehensible and is cause for (1) Retirement;
disciplinary action. (2) Resignation;
(3) Expiration of the term of office;
A public prosecutor is a quasi-judicial officer (4) Abandonment;
with the two-fold aim which is that guilt shall (5) Dismissal
not escape or innocence suffer. He should not
hesitate to recommend to the court the Generalrule: Practice of profession is allowed
acquittal of an accused if the evidence in his immediately after leaving public service.
possession shows that the accused is innocent
[Agpalo (2004)]. Exceptions: The lawyer cannot practice as to
matters with which he had connection during
It is upon the discretion of the prosecutor to his term. This prohibition lasts:
decide what charge to file upon proper
(1) For one year, if he had not intervened;
appreciation of facts and evidences. Fiscals are (2) Permanently, if he had intervened.
not precluded from exercising their sound
discretion in investigation. His primary duty is The “matter” contemplated are those that are
not to convict but to see that justice is served adverse-interest conflicts and congruent-
[People v. Pineda (1967)].
interest representation conflicts. “Intervention”
Rule 6.02. A lawyer in the government service should be significant and substantial which can
shall not use his public position to promote or
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or have affected the interest of others [PCGG v. detracted from the dignity of the legal
Sandiganbayan (2005)]. profession. The spectacle of lawyers bribing or
being bribed to vote did not uphold the honor of
C. TO THE LEGAL PROFESSION the profession nor elevate it in the public’s
esteem [In re: 1989 Elections of the IBP (1989)].
C.1. INVOLVEMENT IN THE IBP
Canon 7. A lawyer shall at all times uphold the II. GENERAL OBJECTIVES OF THE IBP
integrity and dignity of the legal profession and (1) To elevate the standards of the legal
support the activities of the Integrated Bar. profession;
(2) To improve the administration of justice;
I. BAR INTEGRATION (3) To enable the bar to discharge its public
The Supreme Court may adopt rules of court to responsibility more effectively.
effect the integration of the Philippine Bar (16)
under such conditions as it shall see fit in order
to raise the standards of the legal profession III. PURPOSES OF THE IBP
improve the administration of justice and (1) To assist in the administration of justice;
enable the bar to discharge its public (2) To foster and maintain on the part of its
responsibility more effectively. (RA 6397, Sec. 1.) members high ideals of integrity, learning,
professional competence, public service and
Integration does not make a lawyer a member conduct;
of any group of which he is not already a (3) To safeguard the professional interest of its
member. He became a member of the bar when
members;
he passed the bar examinations. All that (4) To cultivate among its members a spirit of
integration actually does is to provide an official
cordiality and brotherhood;
national organization for the well-defined but
(5) To provide a forum for the discussion of
unorganized and uncohesive group of which
law,jurisprudence, law reform, pleading,
every lawyer is already a member [In the matter
practice and procedure, and the relations of
of the IBP (1973)].
the bar to the bench and to the public, and
publish information relating thereto;
The IBP is essentially a semi-governmental
(6) To encourage and foster legal education;
entity, a private organization endowed with
(7) To promote a continuing program of legal
certain governmental attributes. While it is
research in substantive and adjective law,
composed of lawyers who are private
and make reports and recommendations
individuals, the IBP exists to perform certain
thereon.
vital public functions and to assist the
government particularly in the improvement of
the administration of justice, the upgrading of
the standards of the legal profession, and its
proper regulation.
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IV. MEMBERSHIP AND DUES abroad before he left [Letter of Atty. Arevalo
RoC, Rule 139-A, Sec. 9. Every member of the (2005)].
IBP shall pay such annual dues as the Board of
Governors shall determine with the approval of C.2. UPHOLDING THE DIGNITY &
the Supreme Court. INTEGRITY OF THE PROFESSION
Canon 7. A lawyer shall at all times uphold the
A fixed sum equivalent to ten percent of the integrity and dignity of the legal profession and
collection from each Chapter shall be set aside support the activities of the Integrated Bar.
as a Welfare Fund for disabled members of the
Chapter and the compulsory heirs of deceased Rule 7.01. A lawyer shall be answerable for
members thereof. knowingly making a false statement or
suppressing a material fact in connection with
RoC, Rule 139-A, Sec. 10. Default in the payment his application for admission to the bar.
of annual dues:
(1) For six months shall warrant suspension of A lawyer must be a disciple of truth. While a
lawyer has the solemn duty to defend his
membership in the IBP; and
client’s rights and is expected to display the
(2) For one year shall be a ground for the
utmost zeal in defense of his client’s cause, his
removal of the name of the delinquent
conduct must never be at the expense of truth
member from the roll of attorneys.
[Young v. Batuegas (2003)].
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relevant attribute.
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A lawyer should treat the opposing counsel and (b) In the absence of a notice of termination
his brethren in the law profession with courtesy, from the client, provided he has obtained
dignity, and civility. They may do as adversaries the conformity of the counsel whom he
do in law: strive mightily but eat and drink as would substitute; or
friends [Valencia v. Cabanting (1991)]. (c) In the absence of such conformity, a
lawyer must at least give sufficient notice
IMPROPER LANGUAGE to original counsel so that original
(1) Behaving without due regard for the trial counsel has the opportunity to protect his
court and the opposing counsel and claim against the client.
threatening the court that he would file a (2) Give advice or assistance to any person
petition for certiorari [Bugaring v. Espanol who seeks relief against an unfaithful or
(2001)]; neglectful lawyer;
(2) Filing of a civil case against the opposing (3) Associate as a colleague in a case, provided
counsel without justification but only to get he communicate with the original counsel
a leverage in the pending case [Reyes v. before making an appearance as co-
Chiong (2003)]; counsel:
(3) Calling an adverse counsel as “bobo” or (a) Should the original lawyer object, he
using the word “ay que bobo” in reference
should decline association but if the
to the manner of offering evidence [Castillo original lawyer is relieved, he may come
v. Padilla (1984)]. into the case;
(b) Should it be impracticable for him, whose
The highest reward that can come to a lawyer is judgment has been overruled by his co-
the esteem of his professional brethren. That counsel to cooperate effectively, he
esteem is won in unique conditions and should ask client to relieve him.
proceeds from an impartial judgment in
professional trials. It cannot be purchased. C.4. NO ASSISTANCE IN UNAUTHORIZED
[Agpalo, 2014]
PRACTICE OF LAW
Canon 9. A lawyer shall not, directly or
Rule 8.02. A lawyer shall not, directly or
indirectly, assist in the unauthorized practice of
indirectly, encroach upon the professional
law.
employment of another lawyer; however, it is
the right of any lawyer, without fear or favor, to
Generally, to engage in the practice of law is to
give proper advice and assistance to those
do any of those acts which are characteristic of
seeking relief against unfaithful or neglectful
the legal profession. It embraces any activity, in
counsel.
or out of court, which requires the application of
law, legal principle, practice or procedure or
A LAWYER MAY:
calls for legal knowledge, training and
(1) Accept employment to handle a matter
experience. [Philippine Lawyers Ass’n v. Agrava,
previously handled by another lawyer:
(1959)]
(a) Provided the other lawyer has been given
notice of termination of service lest it EXAMPLES OF PRACTICE OF LAW
amounts to an improper encroachment (1) Legal advice and instructions to clients to
upon the professional employment of the inform them of their rights and obligations;
original counsel (Laput v. Remotigue
(1962)); or
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D.1. CANDOR, FAIRNESS & GOOD FAITH Rule 10.02. A lawyer shall not knowingly
TOWARDS THE COURTS misquote or misrepresent the contents of a
paper, the language or the argument of
Canon 10. A lawyer owes candor, fairness and
opposing counsel, or the text of a decision or
good faith to the court.
authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
A lawyer is, first and foremost, an officer of the
amendment, or assert as a fact that which has
court. Accordingly, should there be a conflict
not been proved.
between his duty to his client and that to the
court, he should resolve the conflict against the
A lawyer who deliberately made it appear that
former and in favor of the latter, his primary
the quotations in his motion for
responsibility being to uphold the cause of
reconsiderations were findings of the Supreme
justice [Cobb Perez v. Lantin (1968)].
Court, when they were just part of the
memorandum of the Court Administrator, and
who misspelled the name of the complainant
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and made the wrong citation of authority is guarantees the stability of other institutions. [In
guilty of violation of this rule [COMELEC v. re: Sotto (1949)].
Noynay (1998)].
If a pleading containing derogatory, offensive
The legal profession demands that lawyers and malicious statements is submitted in the
thoroughly go over pleadings, motions and same court or judge in which the proceedings
other documents dictated or prepared by them, are pending, it is direct contempt, equivalent as
typed or transcribed by their secretaries or it is to a misbehavior committed in the presence
clerks, before filing them with the court. If a of or so near a court or judge as to interrupt the
client is bound by the acts of his counsel, with administration of justice. Direct contempt is
more reason should counsel be bound by the punishable summarily [In re: Letter of Atty.
acts of his secretary who merely follows his Sorreda (2006)].
orders [Adez Realty, Inc. v. CA (1992)].
Liberally imputing sinister and devious motives
Rule 10.03. A lawyer shall observe the rules of and questioning the impartiality, integrity, and
procedure and shall not misuse them to defeat authority of the members of the Court result in
the ends of justice. the obstruction and perversion of the
dispensation of justice [Estrada v.
Filing multiple actions constitutes an abuse of Sandiganbayan (2000)].
the court’s processes. Those who file multiple or
repetitive actions subject themselves to Rule 11.01. A lawyer shall appear in court
disciplinary action for incompetence or willful properly attired.
violation of their duties as attorneys to act with
good fidelity to the courts, and to maintain only Respect begins with the lawyer’s outward
such actions that appear to be just and physical appearance in court. Sloppy or
consistent with truth and honor [Olivares v. informal attire adversely reflects on the lawyer
Villalon (2007)]. and demeans the dignity and solemnity of court
proceedings.
D.2. RESPECT FOR COURTS & JUDICIAL
OFFICERS A lawyer who dresses improperly may be cited
Canon 11. A lawyer shall observe and maintain with contempt [Agpalo].
the respect due to the courts and to judicial
officers and should insist on similar conduct by PROPER ATTIRE
others. Male: Long-sleeved Barong Tagalog or coat and
Observing respect due to the courts means that tie
a lawyer should conduct himself toward judges: Female: Semi-formal attires
(1) With courtesy everyone is entitled to expect Judges: Same attire as above under their robes
[Paragas v Cruz (1965)];
(2) With the propriety and dignity required by The permission of a dress with a hemline five
the courts [Salcedo v Hernandez (1935)]. inches above the knee was held to be
acceptable as such “had become an accepted
Lawyers are duty bound to uphold the dignity mode of dress even in places of worship”
and authority of the Court to promote the [Aguirre (2006)]
administration of justice. Respect to the courts
Rule 11.02. A lawyer shall punctually appear at
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Rule 11.04. A lawyer shall not attribute to a Otherwise, in the absence of any administrative
Judge motives not supported by the record or action, the investigation being conducted by the
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Ombudsman encroaches into the court’s power (3) The judge may consider the case deemed
of administrative supervision over all courts and
submitted for decision without client’s
its personnel, in violation of the doctrine of evidence, to his prejudice [Agpalo]).
separation of powers.
Half of the work of the lawyer is done in the
D.4. ASSISTANCE IN THE SPEEDY & office. It is spent in the study and research.
EFFICIENT ADMINISTRATION OF JUSTICE Inadequate preparation obstructs the
Canon 12. A lawyer shall exert every effort and administration of justice [Martin’s Legal Ethics
consider it his duty to assist in the speedy and (1988)].
efficient administration of justice.
A newly hired counsel who appears in a case in
All persons shall have the right to a speedy the midstream is presumed and obliged to
disposition of their cases before all judicial, acquaint himself with all the antecedent
quasi-judicial, or administrative bodies. (Const. processes and proceedings that have transpired
Art. III, Sec. 6.) in the record prior to his takeover [Villasis v. CA
(1974)].
It is the duty of an attorney not to encourage
either the commencement or the continuance of Rule 12.02. A lawyer shall not file multiple
an action or proceeding or delay any man’s actions arising from the same cause.
cause from any corrupt motive or interest. (RoC, Ratio: There is an affirmative duty of a lawyer to
Rule 138, Sec. 20(g).) check against useless litigations. His signature
in every pleading constitutes a certificate by him
The filing of another action containing the same that to the best of his knowledge there is a good
subject matter, in violation of the doctrine of res ground to support it and that it is not to
judicata, runs contrary to this canon [Siy Lim v. interpose for delay. The willful violation of this
Montano (2006)]. rule may subject him to appropriate disciplinary
action or render him liable for the costs of
Rule 12.01. A lawyer shall not appear for trial litigation [Agpalo].
unless he has adequately prepared himself on
the law and the facts of his case, the evidence CIRCUMSTANCE OF FORUM SHOPPING
he will adduce and the order of its preference. (1) When, as a result or in anticipation of an
He should also be ready with the original adverse decision in one forum, a party
documents for comparison with the copies. seeks a favorable opinion in another forum
Without adequate preparation, the lawyer may through means other than appeal or
not be able to effectively assist the court in the certiorari by raising identical causes of
efficient administration of justice. action, subject matter and issues.
(2) The institution of
involving the same
NON-OBSERVANCE OF PREPARATION:
parties for the same cause of action, either
(1) The postponement of the pre-trial or simultaneously or successively, on the
hearing, which would thus entail delay in supposition that one or the other court
the early disposition of the case; would come out with a favorable
(2) The judge may consider the client non- disposition [Araneta v. Araneta (2013)].
suited
or in default;
An indicium of the presence of, or the test for
determining whether a litigant violated the rule
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against, forum shopping is where the elements with the foregoing requirements shall not be
of litis pendentia are present or where a final curable by mere amendment of the complaint
judgment in one case will amount to res judicata or other initiatory pleading but shall cause for
in the other case. the dismissal of the case without prejudice,
unless otherwise provided, upon motion after
hearing.
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Rule 12.04. A lawyer shall not unduly delay a Subornation of perjury is committed by a person
case, impede the execution of a judgment or who knowingly and willfully procures another to
misuse court processes. swear falsely and the witness suborned [or
induced] does testify under circumstances
It is one thing to exert to the utmost one’s ability rendering him guilty of perjury [US v. Ballena
to protect the interest of one’s client. It is quite (1911)].
another thing to delay if not defeat the recovery
of what is justly due and demandable due to the Rule 12.07. A lawyer shall not abuse, browbeat
misleading acts of a lawyer [Manila Pest Control or harass a witness nor needlessly
v. WCC (1968)]. inconvenience him.
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When a lawyer is a witness for his client, except Once a litigation is concluded, the judge who
as to merely formal matters, such as the decided it is subject to the same criticism as any
attestation or custody of an instrument and the other public official because then, his ruling
like, he should leave the trial of the case to becomes public property and is thrown open to
other counsel. Except when essential to the public consumption. In a concluded litigation, a
ends of justice, a lawyer should avoid testifying lawyer enjoys a wider latitude of comment or on
in court in behalf of his client [PNB v. Uy Teng criticism of the judge’s decision or actuation. [In
Piao (1932)]. re Gomez (1922)]
D.4. RELIANCE ON MERITS OF HIS CAUSE In the original decision of the Supreme Court in
& AVOIDANCE OF ANY IMPROPRIETY Re: Request Radio-TV Coverage of the Trial in the
WHICH TENDS TO INFLUENCE OR GIVES Sandiganbayan of the Plunder Cases against
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Former President Joseph Estrada (2001), it was relationship is not essential for the employment
stated that the propriety of granting or denying of an attorney.
the petition involve the weighing out of the
constitutional guarantees of freedom of the E.1. AVAILABILITY OF SERVICE WITHOUT
press and the right to public information, on the DISCRIMINATION
one hand, and the fundamental rights of the Canon 14.A lawyer shall not refuse his services
accused, on the other hand, along with the to the needy.
constitutional power of a court to control its
I. SERVICES REGARDLESS OF A
proceedings in ensuring a fair and impartial
PERSON’S STATUS
trial. It was held that when these rights race
against one another, the right of the accused Rule 14.01. A lawyer shall not decline to
must be preferred to win, considering the represent a person solely on account of the
possibility of losing not only the precious liberty latter’s race, sex, creed or status of life, or
but also the very life of an accused. because of his own opinion regarding the guilt
In the resolution of the motion for of said person.
reconsideration, the Supreme Court allowed the
video recording of proceedings, but provided It is the duty of an attorney, in the defense of a
that the release of the tapes for broadcast person accused of a crime, by all fair and
should be delayed. In so doing, concerns that honorable means, regardless of his personal
those taking part in the proceedings will be opinion as to the guilt of the accused, to present
playing to the cameras and will thus be every defense that the law permits, to the end
distracted from the proper performance of their that no person may be deprived of life or liberty,
roles – whether as counsel, witnesses, court but by due process of law (Sec. 20(i), Rule 138).
personnel, or judges – will be allayed.
Ratio:It is a declared policy of the State to value
Rule 13.03. A lawyer shall not brook or invite the dignity of every human person and
interference by another branch or agency of the guarantee the rights of every individual,
government in the normal course of judicial particularly those who cannot afford the
proceedings. services of counsel (RA 9999 (Free Legal
Ratio: The rule is based upon the principle of Assistance Act of 2010)).
separation of powers [Aguirre (2006)].
RA 9999 provides incentives for free legal
A complaint against justices cannot be filed service. Thus, a lawyer or professional
with the Office of the President [Maglasang v. partnerships rendering actual free legal services
People (1990)] shall be entitled to an allowable deduction from
the gross income,
(1) the amount that could have been
E. TO THE CLIENTS
collected for the actual free legal
The attorney-client relationship is:
services rendered OR
1. Strictly personal;
(2) up to 10% of the gross income derived
2. Highly confidential;
from the actual performance of legal
3. Fiduciary.
profession, whichever is lower.
A written contract, although the best evidence
to show the presence of an attorney-client
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This is different from the 60-hour has officially taken notes of the proceeding
mandatory legal aid services under Bar thereof shall, upon written request of an
Matter 2012. indigent or low income litigant, his counsel
or duly authorized representative in the
INDIGENT: case concerned, give within a reasonable
(1) A person who has no visible means of period to be determined by the fiscal, judge,
income or whose income is insufficient for commissioner or tribunal hearing the case,
the subsistence of his family, to be a free certified transcript of notes take by
determined by the fiscal or judge, taking him on the case (Section 1, RA 6035).
into account the members of his family
dependent upon him for subsistence (Sec. II. SERVICES AS COUNSEL DE OFICIO
2, RA 6033). Rule 14.02. A lawyer shall not decline, except for
(2) A person who has no visible means of serious and sufficient cause, an appointment as
support or whose income does not exceed counsel de oficio or as amicus curiae, or a
P300.00 per month or whose income even request from the Integrated Bar of the
in excess of P300.00 per month is Philippines or any of its chapters for rendition of
insufficient for the subsistence of his family free legal aid.
(Sec. 2, RA 6035).
RoC provides:
LAWS ON INDIGENTS OR LOW INCOME (1) It is the duty of an attorney never to reject,
LITIGANTS: for any consideration personal to himself,
(1) All courts shall give preference to the the cause of the defenseless or oppressed
hearing and/or disposition of criminal cases (Sec. 20(h), Rule 138);
where an indigent is involved either as the (2) A court may assign an attorney to render
offended party or accused (Sec. 1, RA 6033). professional aid free of charge to any party
(2) Any indigent litigant may, upon motion, ask in a case, if upon investigation it appears
the Court for adequate travel allowance to that the party is destitute and unable to
enable him and his indigent witnesses to employ an attorney, and that the services of
attendant the hearing of a criminal case counsel are necessary to secure the ends of
commenced by his complaint or filed justice and to protect the rights of the party.
against him. The allowance shall cover It shall be the duty of the attorney so
actual transportation expenses by the assigned to render the required service,
cheapest means from his place of residence unless he is excused therefrom by the court
to the court and back. When the hearing of for sufficient cause shown (Sec. 31, Rule
the case requires the presence of the 138).
indigent litigant and/or his indigent
witnesses in court the whole day or for two Counsel de officio - one appointed or assigned
or more consecutive days, allowances may, by the court.
in the discretion of the Court, also cover Counsel de parte- one employed or retained by
reasonable expenses for meal and lodging the party himself.
(Sec. 1, RA 6034).
(3) A stenographer who has attended a hearing WHOMAY BE APPOINTED AS COUNSEL DE
before an investigating fiscal or trial judge OFICIO:
or hearing commissioner of any quasi-
judicial body or administrative tribunal and
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(1) A member of the bar in good standing who, brief and he establishes his right thereto
by reason of their experience and ability, (Section 2, Rule 124).
can competently defend the accused;
(2) In localities without lawyers: III. VALID GROUNDS FOR REFUSAL
(a) Any person resident of the province and Rule 14.03. A lawyer may not refuse to accept
of good repute for probity and ability representation of an indigent client unless:
(Sec. 7, Rule 116); (a) He is in no position to carry out the work
(b) A municipal judge or a lawyer employed effectively or competently;
in any branch, subdivision or (b) He labors under a conflict of interest
instrumentality of the government within between him and the prospective client or
the province (Sec. 1, PD 543). between a present client and the
prospective client.
CONSIDERATIONSIN THE APPOINTMENT OF A
COUNSEL DE OFICIO: A lawyer shall not decline an appointment as
(1) Gravity of the offense; counsel de oficio or as amicus curiae, or a
(2) Difficulty of the questions that may arise; request from the IBP or any of its chapters for
(3) Experience and ability of the appointee. rendition of free legal aid except for serious and
sufficient cause.
WHENTHE COURT MAY APPOINT A COUNSEL
DE OFICIO (IN CRIMINAL ACTIONS): Reason: One of the burdens of the privilege to
(1) Before arraignment, the court shall inform practice law is to render, when so required by
the accused of his right to counsel and ask the court, free legal services to an indigent
him if he desires to have one. Unless the litigant.
accused is allowed to defend himself in
person or has employed counsel of his Even if the lawyer does not accept a case, he
choice, the court must assign a counsel de shall not refuse to render legal advice to the
officio to defend him, (Section 6, Rule 116); person concerned if only to the extent necessary
(2) It is the duty of the clerk of the trial court, to safeguard the latter’s rights. (Rule 2.02,
upon filing of a notice of appeal, to Canon 2)
ascertain from the appellant, if confined in
prison, whether he desires the Regional Rule 14.04.A lawyer who accepts the cause of a
Trial Court, Court of Appeals or the person unable to pay his professional fees shall
Supreme Court to appoint a counsel de observe the same standard of conduct
officio (Section 13, Rule 122); governing his relations with paying clients.
(3) The clerk of the CA shall designate a
counsel de oficio if it appears from the case If a lawyer volunteers his services to a client,
record that: and therefore not entitled to attorney’s fees, he
(a) the accused is confined in prison, is still bound to attend to a client’s case with all
(b) is without counsel de parte on appeal, or due diligence and zeal.(Blanza v. Arcangel
(c) has signed the notice of appeal himself, (1967)).
the clerk of Court of Appeals shall
designate a counsel de officio.
E.3. CANDOR, FAIRNESS AND LOYALTY
An appellant who is not confined in prison may,
TO CLIENTS
upon request, be assigned a counsel de officio
within ten days from receipt of the notice to file
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a crime committed in the past or with (1) The court has a right to know that the
respect to a crime intended to be committed client whose privileged information is
in the future. If the crime was committed in sought to be protected is flesh and blood.
the past, the privilege applies. If it is still to (2) The privilege begins to exist only after the
be committed, the privilege does not apply, attorney-client relationship has been
because the communication between a established. The attorney-client privilege
lawyer and his client must be for a lawful does not attach unlessthere is a client.
purpose or in furtherance of a lawful end to (3) The privilege generally pertains to the
be privileged (People v. Sandiganbayan subject matter of the relationship.
(1996)). (4) Due process considerations require that the
(3) Limited only to communications which are opposing party should, as a general rule,
legitimately and properly within the scope know his adversary.
of a lawful employment of a lawyer. (Genato
v. Silapan (2003)). Exceptions to exceptions: Client identity is
(4) Embraces not only oral or written privileged in the following instances:
statements but actions, signs or other (1) Where a strong probability exists that
means of communications. revealing the client's name would
implicate that client in the very activity for
An attorney cannot, without the consent of his which he sought the lawyer's advice.
client, be examined as to any communication (2) Where disclosure would open the client to
made by the client to him or his advice given civil liability, his identity is privileged.
thereon in the course of professional (3) Where the government's lawyers have no
employment; nor can an attorney’s secretary, case against an attorney's client unless,
stenographer, or clerk be examined, without the by revealing the client’s name, the said
consent of the client and his employer, name would furnish the only link that
concerning any fact the knowledge of which has would form the chain of testimony
been acquired in such capacity (Section 24(b), necessary to convict an individual of a
Rule 130). crime, the client's name is privileged.
General rule: As a matter of public policy, a Information relating to the identity of the client
client’s identity should not be shrouded in may fall within the ambit of the privilege when
mystery. Thus, a lawyer may not invoke the the client’s name itself has an independent
privilege and refuse to divulge the name or significance, such that disclosure would then
identity of this client. reveal client confidences(Regala v.
Sandiganbayan (1996)).
Exceptions:
(1) When a lawyer is accused by the client and General rule: The protection given to the client
he needs to reveal information to defend is perpetual and does not cease with the
himself; termination of the litigation, nor is it affected by
(2) When the client discloses the intention to the client’s ceasing to employ the attorney and
commit a crime or unlawful act (Aguirre retaining another, or by any other change of
(2006)). relation between them. It even survives the
death of the client (Bun Siong Yao v. Aurelio
Ratio: (2006)).
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Exception: Some privileged communications (3) The attorney will be called upon to use
lose their privileged character by some against his first client any knowledge
supervening act done pursuant to the purpose acquired in the previous employment.
of the communication (e.g., a communication
intended by the client to be sent to a third TESTS OF CONFLICT OF INTERESTS
person through his attorney loses confidential
character once it reached the third party). (1) Whether the acceptance of a new relation
will prevent an attorney from the full discharge
EXAMPLES OF PRIVILEGED MATTERS of his duty of undivided fidelity and loyalty to his
(1) Work product of lawyer (his effort, research client or invite suspicion of unfaithfulness or
and thought contained in his file); double-dealing in its performance.
(2) Report of a physician, an accountant, an
engineer or a technician, whose services (2) If the acceptance of the new retainer will
have been secured by a client as part of his require the attorney to perform an act which will
communication to his attorney or by the injuriously affect his first client in any matter in
attorney to assist him render effective legal which he represented him and also whether he
assistance to his client; will be called upon in his new relation to use
(3) Records concerning an accident in which a against the first client any knowledge acquired
party is involved; through their connection (Frias v. Lozada
(4) Consultation which has to do with the (2005)).
preparation of a client to take the witness
stand. (3) Whether or not in behalf of one client, it is
the lawyer’s duty to fight for an issue or claim,
III. CONFLICT OF INTEREST but it is his duty to oppose it for the other client.
Rule 15.01. A lawyer, in conferring with a In brief, if he argues for one client, this
prospective client, shall ascertain as soon as argument will be opposed by him when he
practicable whether the matter would involve a argues for the other client.
conflict with another client or his own interest, This rule covers not only cases in which
and if so, shall forthwith inform the prospective confidential communications have been
client. confided, but also those in which no confidence
has been bestowed or will be used.
(4) Whether the acceptance of a new relation
Rule 15.03. A lawyer shall not represent
will prevent an attorney from the full discharge
conflicting interests except by written consent
of his duty of undivided fidelity and loyalty to his
of all concerned given after a full disclosure of
client or invite suspicion of unfaithfulness or
the facts.
double-dealing in the performance thereof
(Pacana v. Pascua-Lopez (2009)).
There is conflict of interest when a lawyer
(5) Whether the lawyer will be asked to use
represents inconsistent interests of two or more
against his former client any confidential
opposing parties. (Hornilla v. Salunat (2003)).
information acquired through their connection
or previous employment (Palm v. Iledan, Jr.
REQUISITES
(2009)).
(1) There are conflicting duties;
(2) The acceptance of the new relations invites
or actually leads to unfaithfulness or
double-dealing to another client; or
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Note: The test to determine whether there is a honest opinion as to the probable results of the
conflict of interest in the representation is case (Agpalo (2004)).
probability, not certainty of conflict.
The signature of counsel constitutes a
EFFECTS OF CONFLICT OF INTEREST certificate by him that he has read the pleading;
Representing adverse interest may result in: that to the best of his knowledge, information,
(1) Disqualification as counsel in the new case; and belief there is good ground to support it;
(2) If prejudicial to interests of latter client, and that it is not interposed for delay (Sec. 3,
setting aside of a judgment; Rule 7, Rules of Court).
(3) Administrative and criminal (for betrayal of
trust) liability;
(4) Forfeiture of attorney’s fees.
General rule: A lawyer may not represent two V. NOT TO CLAIM INFLUENCE
opposing parties at any point in time. Rule 15.06. A lawyer shall not state or imply that
A lawyer need not be the counsel-of-record he is able to influence any public official,
of either party. It is enough that the counsel had tribunal or legislative body.
a hand in the preparation of the pleading of one
party. Ratio:To protect against influence peddling.
(Agpalo (2004)).
Exception: When the parties agree, and for
amicable settlement (Agpalo (2004)) VI. COMPLIANCE WITH LAWS
Rule 15.04. A lawyer may, with the written
Rule 15.07. A lawyer shall impress upon his
consent of all concerned, act as mediator,
client compliance with the laws and principles
conciliator or arbitrator in settling disputes. of fairness.
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INSTANCES WHEN PROHIBITION IN ART. 1491 When a lawyer collects or receives money from
APPLIES: his client for a particular purpose (such as for
(1) Even if the purchase or lease of the filing fees, registration fees, transportation and
property in litigation is in favor of a office expenses), he should promptly account to
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the client how the money was spent. If he does The failure of an attorney to return the client’s
not use the money for its intended purpose, he money upon demand gives rise to the
must immediately return it to the client (Belleza presumption that he has misappropriated it for
v. Macasa (2009)). his own use to the prejudice of and in violation
of the trust reposed in him by the client (Jinon v.
The fact that a lawyer has a lien for fees on Jiz (2013)).
money in his hands would not relieve him from
the duty of promptly accounting for the funds However, an attorney has a lien upon the funds
received (Daroy v. Legaspi (1975)). 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 funds to the satisfaction thereof (Sec. 37,
II. COMMINGLING OF FUNDS Rule 138).
Rule 16.02.A lawyer shall keep the funds of each
client separate and apart from his own and IV. BORROWING OR LENDING
those of others kept by him. Rule 16.04. A lawyer shall not borrow money
from his client unless the client’s interests are
A lawyer should not commingle a client’s fully protected by the nature of the case or by
money with that of other clients and with his independent advice. Neither shall a lawyer lend
private funds, nor use the client’s money for his money to a client except when, in the interest of
personal purposes without the client’s consent. justice, he has to advance necessary expenses in
(Daroy v. Legaspi (1975)). a legal matter he is handling for the client.
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Canon 17.A lawyer owes fidelity to the cause of preparation, mastering applicable law and facts
his client and he shall be mindful of the trust involved in a case, and keeping constantly
and confidence reposed in him. abreast of the latest jurisprudence and
developments in all branches of the law (Agpalo
The failure to exercise due diligence and the (2004)).
abandonment of a client’s cause make such a
lawyer unworthy of the trust which the client II. NEGLIGENCE
has reposed on him (Cantilller v. Potenciano If by reason of the lawyer’s negligence, actual
(1989)). loss has been caused to his client, the latter has
a cause of action against him for
Once he agrees to take up the cause of the damages.(Callanta).
client, no fear or judicial disfavor or public
unpopularity should restrain him from the full General rule: A client is bound by the attorney’s
discharge of his duty(Santiago v. Fojas (1995)). conduct, negligence and mistake in handling
the case or in management of litigation and in
E.6. COMPETENCE AND DILIGENCE procedural technique, and he cannot be heard
Canon 18.A lawyer shall serve his client with to complain that result might have been
competence and diligence. different had his lawyer proceeded differently.
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take his place and appear for the defendants them hanging indefinitely(Blanza v. Arcangel
(Gaerlan v. Bernal (1952)); (1967)).
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II. CLIENT’S FRAUD A written contract for services shall control the
Rule 19.02.A lawyer who has received amount to be paid therefore unless found by the
information that his client has, in the course of court to be unconscionable or unreasonable
the representation, perpetrated a fraud upon a (Section 24, Rule 138).
person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he WHEN A LAWYER CANNOT RECOVER THE
shall terminate the relationship with such client FULL AMOUNT STIPULATED IN THE
in accordance with the Rules of Court. CONTRACT:
This rule merely requires the lawyer to (1) When the services were not performed, and
terminate his relationship with the client in the if the lawyer withdrew before the case was
event the latter fails or refuses to rectify the finished, he will be allowed only reasonable
fraud (Agpalo (2004)). fees;
III. PROCEDURE IN HANDLING THE CASE (2) When there is justified dismissal of an
attorney, the contract will be nullified and
Rule 19.03.A lawyer shall not allow his client to
payment will be on quantum meruit basis;
dictate the procedure on handling the case.
(3) When the stipulated fees are
unconscionable or unreasonable;
Within client’s control Within counsel’s (4) When the stipulated fees are in excess of
control
what is expressly provided by law;
The cause of action, All the proceedings in
the claim or demand court to enforce the (5) When the lawyer is guilty of fraud or bad
sued upon, and the remedy, to bring the faith in the manner of his employment;
subject matter of the claim, demand, cause (6) When the counsel’s services are worthless
litigation are all within of action, or subject because of negligence;
the exclusive control matter of the suit to (7) When the contract is contrary to laws,
of a client. hearing, trial, morals, and good policies.
determination,
An attorney may not judgment, and
impair, compromise, execution, are within WHEN THERE IS NO EXPRESS CONTRACT
settle, surrender, or the exclusive control In the absence of an express contract, payment
destroy them without of the attorney of attorney’s fees may be justified by virtue of
his client's consent. (Belandres v. Lopez the innominate contract of facio ut des (I do and
Sugar Central Mill you give) which is based on the principle that
(1955)).
“no one shall enrich himself at the expense of
another” (Corpuz v. CA (1980))
E.8. ATTORNEY’S FEES
NOTE: RA 5185. Section 6.Prohibition
Canon 20.A lawyer shall charge only fair and Against Practice. A member of the Provincial
reasonable fees. Board or City or Municipal Council shall not
appear as counsel before any court in any
An attorney is entitled to have and recover from civil case wherein the province, city or
his client no more than a reasonable municipality, as the case may be, is the
compensation for his services with a view to: adverse party: Provided, however, That no
member of the Provincial Board shall so
(1) The importance of the subject matter of the
appear except in behalf of his province in
controversy; any civil case wherein any city in the
(2) The extent of the services rendered; and province is the adverse party whose voters
(3) The professional standing of the attorney.
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are en-franchised to vote for provincial (4) A fixed fee computed by the number of
officials, nor shall such member of the hours spent;
Provincial Board or City or Municipal Council (5) A fixed fee based on a piece of work;
appear as counsel for the accused in any (6) A combination of any of the above
criminal case wherein an officer or employee
stipulated fees.
of said province, city or municipality is
accused of an offense committed in relation
to the latter's office, nor shall he collect any QUANTUM MERUIT
fee for his appearance in any Means “as much as a lawyer deserves.”
administrative proceedings before Essential requisite:Acceptance of the benefits by
provincial, city or municipal agencies of one sought to be charged for services rendered
the province, city or municipality, as the under circumstances as reasonably to notify
case may be, of which he is an elected him that lawyer expects compensation.
official.
WHEN AUTHORIZED:
Rule 20.01. A lawyer shall be guided by the
(1) The agreement as to counsel fees is invalid
following factors in determining his fees:
for some reason other than the illegality of
(a) The time spent and the extent of the
the object of performance;
services rendered or required;
(2) There is no express contract for attorney’s
(b) The novelty and difficulty of the questions
fees agreed upon between the lawyer and
involved;
the client;
(c) The importance of the subject matter;
(3) When although there is a formal contract
(d) The skill demanded;
of attorney’s fees, the stipulated fees are
(e) The probability of losing other employment
found unconscionable or unreasonable by
as a result of acceptance of the proffered
the court;
case;
(4) When the contract for attorney’s fees is
(f) The customary charges for similar services
void due to purely formal matters or
and the schedule of fees of the IBP chapter
defects of execution;
to which he belongs;
(5) When the counsel, for justifiable cause, was
(g) The amount involved in the controversy
not able to finish the case to its conclusion;
and the benefits resulting to the client from
(6) When lawyer and client disregard the
the service;
contract of attorney’s fees;
(h) The contingency or certainty of
(7) When there is a contract but no stipulation
compensation;
as to attorney’s fees.
(i) The character of the employment, whether
occasional or established; and
QUANTUM MERUIT GUIDELINES
(j) The professional standing of the lawyer.
(1) Time spent and extent of the services
rendered. A lawyer is justified in fixing
MANNER BY WHICH ATTORNEYS MAY BE PAID
higher fees when the case is so
(1) A fixed or absolute fee which is payable
complicated and requires more time and
regardless of the result of the case;
efforts to finish it.
(2) A contingent fee that is conditioned upon
(2) Importance of subject matter. The more
the securing of a favorable judgment and important the subject matter or the bigger
recovery of money or property and the
value of the interest or property in
amount of which may be on a percentage
litigation, the higher is the attorney’s fee.
basis;
(3) A fixed fee payable per appearance;
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(3) Novelty and difficulty of questions involved. A distinction should be made between a
When the questions in a case are novel and champertous contract and a contingent
difficult, greater efforts, deeper study, and contract with respect to attorney’s fees:
research are bound to burn the lawyer’s Champertous Contract Contingent Contract
time and stamina considering that there A champertous A contingent contract
are no local precedents to rely upon. contract is one where is an agreement in
(4) Skill demanded of the lawyer.The totality of the lawyer stipulates which the lawyer’s
the lawyer’s experience provides him the with his client that he fee, usually a fixed
skill and competence admired in lawyers. will bear all the percentage of what
expenses for the may be recovered in
The above rules apply in the case of a counsel prosecution of the the action, is made to
de parte. case, the recovery of depend upon the
things or property success in the effort
A counsel de oficio may not demand from the being claimed, and the to enforce or defend
accused attorney’s fees even if he wins the case. latter pays only upon the client’s right. The
However, subject to availability of funds, the successful litigation. lawyer does not
court may, in its discretion, order an attorney undertake to shoulder
employed as counsel de oficio to be This contract is void for the expenses of
compensated in such sum as the court may fix. being against public litigation.
The criteria in fixing the amount are still: policy
(1) The importance of the subject matter of the It is a valid
controversy; agreement.
(2) The extent of the services rendered; and
(3) The professional standing of the attorney. Rule 20.02. A lawyer shall, in cases of referral,
with the consent of the client, be entitled to a
I. ACCEPTANCE FEES division of fees in proportion to work performed
Acceptance of money from a client establishes and responsibility assumed.
an attorney-client relationship and gives rise to
the duty of fidelity to the client’s cause. The referral of a client by a lawyer to another
(Emiliano Court Townhouses Homeowners lawyer does not entitle the former to a
Association v. Dioneda (2003)). commission nor to a portion of the attorney’s
fees. It is only when, in addition to the referral,
Failure to render the legal services agreed he performs legal service or assumes
upon, despite receipt of an acceptance fee, is a responsibility in the case that he will be entitled
clear violation of the Code of Professional to a fee (Agpalo (2004) citing Comments of IBP
Responsibility (Macarulay v. Seriña (2005)). Committee).
It is the duty of an attorney to accept no Rule 20.03. A lawyer shall not, without the full
compensation in connection with his client’s knowledge and consent of the client, accept any
business except from him or with his knowledge fee, reward, costs, commission, interest, rebate or
and approval (Section 20(e), Rule 138). forwarding allowance or other compensation
whatsoever related to his professional
II. CONTINGENCY FEE ARRANGEMENTS employment from anyone other than the client.
Ratio: The rule is designed to secure the
lawyer’s fidelity to the client’s cause and to
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prevent that situation in which receipt by him of (2) The attorney has rendered services;
a rebate or commission from another in (3) A money judgment favorable to the client
connection with the client’s cause may interfere has been secured in the action; and
with the full discharge of his duty to his client. (4) The attorney has a claim for attorney’s fees
or advances statement of his claim has
III. ATTORNEY’S LIENS been recorded in the case with notice
served upon the client and adverse party.
RETAINING LIEN
An attorney shall have a lien upon the funds,
documents and papers of his client which have
lawfully come into his possession. Thus:
(1) He may retain the same until his lawful
fees and disbursements have been paid;
(2) May apply such funds to the satisfaction
thereof (Sec. 37, Rule 138).
REQUISITES Retaining lien Charging lien
(1) Attorney-client relationship; Nature
(2) Lawful possession by lawyer of the client’s
funds, documents and papers in his Passive lien. It Active lien. It can be
professional capacity; and cannot be actively enforced by
(3) Unsatisfied claim for attorney’s fees or enforced. It is a execution. It is a
disbursements. general lien. special lien.
Basis
CHARGING LIEN Lawful possession Securing of a
He shall also have a lien to the same extent of funds, papers, favorable money
upon all judgments for the payment of money, documents, judgment for client
and executions issued in pursuance of such property belonging
judgments, which he has secured in a litigation to client
of his client. This lien exists from and after the
time when he shall have caused: Coverage
(1) A statement of his claim of such lien to be Covers only funds, Covers all
entered upon the records of the court papers, documents, judgments for the
rendering such judgment, or issuing such and property in the payment of money
execution; and lawful possession of and executions
(2) Written notice thereof to be delivered to his the attorney by issued in pursuance
client and to the adverse party. reason of his of such judgment
professional
From then on, he shall have the same right and employment
power over such judgments and executions as Effectivity
his client would have to enforce his lien and
secure the payment of his just fees and As soon as the As soon as the claim
disbursements (Section 37, Rule 138). lawyer gets for attorney’s fees
possession of the had been entered
REQUISITES funds, papers, into the records of
(1) Attorney-client relationship; documents, the case
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secrets of the latter learned by him in his disclosure to third persons because members of
professional capacity. a law firm are considered as one entity.
(2) Upon a lawyerwho, having undertaken the
defense of a client or having received The client’s secrets which clerical aids of
confidential information from said client in a lawyers learn of in the performance of their
case, undertakes the defense of the opposing services are covered by privileged
party in the same case, without the consent of communication. It is the duty of lawyer to
his first client. (Art. 209, RPC). ensure that this is being followed (e.g.,
execution of confidentiality agreements).
I. PROHIBITED DISCLOSURES AND USE Ratio: The prohibition against a lawyer from
Rule 21.02. A lawyer shall not, to the divulging the confidences and secrets of his
disadvantage of his client, use information clients will become futile exercise if his clerical
acquired in the course of employment, nor shall aids are given liberty to do what is prohibited of
he use the same to his own advantage or that of the lawyer.
a third person, unless the client with full
knowledge of the circumstances consents Rule 21.06. A lawyer shall avoid indiscreet
thereto. conversation about a client’s affairs even with
members of his family.
Rule 21.03. A lawyer shall not, without the
written consent of his client, give information A lawyer must also preserve the confidences
from his files to an outside agency seeking such and secrets of his clients outside the law office,
information for auditing, statistical, including his home. He should avoid
bookkeeping, accounting, data processing, or committing calculated indiscretion, that is,
any similar purpose. accidental revelation of secrets obtained in his
professional employment.
The work and product of a lawyer, such as his
effort, research, and thought, and the records of Rule 21.07. A lawyer shall not reveal that he has
his client, contained in his files are privileged been consulted about a particular case except to
matters. Neither the lawyer nor, after his death, avoid possible conflict of interest.
his heir or legal representative may properly
disclose the contents of such file cabinet Read in relation to:
without client’s consent. Rule 15.01. A lawyer, in conferring with a
prospective client, shall ascertain as soon as
Rule 21.05.A lawyer shall adopt such measures practicable whether the matter would involve a
as may be required to prevent those whose conflict with another client or his own interest,
services are utilized by him from disclosing or and if so, shall forthwith inform the prospective
using confidences or secrets of the client. client.
Professional employment of a law firm is Rule 14.03. A lawyer may not refuse to accept
equivalent to retainer of the members thereof representation of an indigent client unless:
even though only one partner is consulted. (b) He labors under a conflict of interest
When one partner tells another about the between him and the prospective client or
details of the case, it is notconsidered as between a present client and the prospective
client.
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Rule 21.04. A lawyer may disclose the affairs of a Rule 22.01. A lawyer may withdraw his services
client of the firm to partners or associates in any of the following cases:
thereof unless prohibited by the client. (a) When the client pursues an illegal or
immoral course of conduct in connection
with the matter he is handling;
E.10. WITHDRAWAL OF SERVICES
(b) When the client insists that the lawyer
Canon 22.A lawyer shall withdraw his services
pursue conduct violative of these canons
only for good cause and upon notice
and rules;
appropriate in the circumstances.
(c) When his inability to work with co-counsel
will not promote the best interest of the
CAUSES OF TERMINATION OF ATTORNEY- client;
CLIENT RELATIONSHIP (d) When the mental or physical condition of
(1) Withdrawal of the lawyer; the lawyer renders it difficult for him to
(2) Death of the lawyer; carry out the employment effectively;
(3) Disbarment or suspension of the lawyer (e) When the client deliberately fails to pay the
from the practice of law; fees for the services or fails to comply with
(4) Declaration of presumptive death of the the retainer agreement;
lawyer; (f) When the lawyer is elected or appointed to
public office; and
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(g) Other similar cases. (4) A proof of service of notice of such motion
on the attorney to be substituted in the
A lawyer may retire at any time from any action manner required by the Rules (Heirs of
or special proceeding: Retuya v. CA (2011); Section 26, Rule 138).
(1) With the written consent of his client filed
in court and copy thereof served upon the At the discretion of the court, a lawyer, who has
adverse party; or been dismissed by a client, is allowed to
(2) Without the consent of his client, should intervene in a case in order to protect the
the court, on notice to the client and client’s rights (Obando v. Figueras (2000)).
attorney, and on hearing, determine that
he ought to be allowed to retire. (Sec. 26,
Rule 138)
IV. SUSPENSION,
General rule: The withdrawal in writing, with the
client’s conformity, does not require the DISBARMENT, AND
approval of the court to be effective.
Exception: If no new counsel has entered his
DISCIPLINE OF LAWYERS
appearance, the court may, in order to prevent a A. NATURE AND CHARACTERISTICS OF
denial of a party’s right to the assistance of DISCIPLINARY ACTIONS AGAINST
counsel require that the lawyer’s withdrawal be LAWYERS
held in abeyance until another lawyer shall have (1) Disciplinary proceedings are sui generis.
appeared for the party (Villasis v. CA (1974)) (2) They are neither purely civil nor purely
criminal. They are not intended to inflict
Although a lawyer may withdraw his services punishment.
when the client deliberatelyfails to pay the fees (3) They do not involve a trial of an action or a
for the services, withdrawal is unjustified if suit, but is rather an investigation by the
client did not deliberately fail to pay (Montano v. Court into the conduct of its officers. There
IBP (2001)) is neither a plaintiff nor a prosecutor.
(4) They may be initiated by the Court motu
Rule 22.02.A lawyer who withdraws or is proprio. The Court merely calls upon a
discharged shall, subject to a retaining lien, member of the Bar to account for his
immediately turn over all papers and property actuations as an officer of the Court with the
to which the client is entitled, and shall end in view of preserving the purity of the
cooperate with his successor in the orderly legal profession and the proper and honest
transfer of the matter, including all information administration of justice in the exercise of
necessary for the proper handling of the matter. its disciplinary powers.
(5) Public interest is the primary objective, and
REQUIREMENTS OF A VALID SUBSTITUTION the real question for determination is
OF COUNSEL whether or not the attorney is still a fit
(1) The filing of a written application for person to be allowed the privileges as such
substitution; (In Re: Almacen (1970), Itong v. Florenido
(2) The client’s written consent; (2011)).
(3) The consent of the substituted lawyer if
such consent can be obtained; and, in case Any interested person or the court motu proprio
such written consent cannot be procured; may initiate disciplinary proceedings. The right
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to institute disbarment proceedings is not Governors may also motu proprio initiate
confined to clients nor is it necessary that the and prosecute proper charges against
person complaining suffered injury from the erring attorneys (Section 1, Rule 139-B).
alleged wrongdoing. Disbarment proceedings (2) Investigation is not interrupted or
are matters of public interest and the only basis terminated by reason of the desistance,
for the judgment is the proof or failure of proof settlement, compromise, restitution,
of the charges. (Figueras v. Jimenez (2014)) withdrawal of the charges, or failure of the
complainant to prosecute the same (Sec. 5,
A.1. CONFIDENTIAL Rule 139-B).
Rule 139-B, Sec. 18. Proceedings against (3) Laws dealing with double jeopardy or
attorneys shall be private and confidential. prescription or with procedure like
However, the final order of the Supreme Court verification of pleadings and prejudicial
shall be published like its decisions in other questions have no application to
cases. disbarment proceedings (Pimentel, Jr. v.
Llorente (2000)).
PURPOSE OF THIS RULE (4) The proceedings are distinct from and
(1) To enable the Court to make its proceeds independently of civil or criminal
investigations free from any extraneous cases. Thus, whatever has been decided in
influence or interference; the disbarment case cannot be a source of
(2) To protect the personal and professional right that may be enforced in another
reputation of attorneys and judges from action. At best, such judgment may only be
the baseless charges of disgruntled, given weight when introduced as evidence,
vindictive, and irresponsible clients and but in no case does it bind the court in the
litigants; civil action (Esquivas v. CA (1997)).
(3) To deter the press from publishing (5) The disbarment proceeding does not violate
administrative cases or portions thereof the due process clause. The proceeding
without authority (Saludo, Jr. v. CA (2006)). itself, when instituted in proper cases, is due
process of law (In Re: Montagne (1904)).
In the absence of a legitimate public interest in (6) In a disbarment proceeding, it is immaterial
a disbarment complaint, members of the media that the complainant is in pari delicto
must preserve the confidentiality of disbarment because the proceeding is not to grant relief
proceedings during its pendency (Fortun v. to the complainant, but to purge the law
Quinsayas (2013)). profession of unworthy members, to protect
the public and the courts (Mortel v. Aspiras
Confidentiality “is a privilege/right which may (1956)).
be waived by the very lawyer in whom and for (7) The rule in criminal cases that the penalty
the protection of whose personal and cannot be imposed in the alternative
professional reputation it is vested, pursuant to applies in administrative disciplinary cases,
the general principle that rights may be waived which also involve punitive sanctions
unless the waiver is contrary to public policy, (Navarro v. Meneses III (1998)).
among others” (Villalon v. IAC (1986)). (8) Monetary claims cannot be granted except
restitution and return of monies and
A.2. OTHER CHARACTERISTICS properties of the client given in the course of
(1) Proceedings may be taken by the Supreme the lawyer-client relationship
Court motu proprio, and the IBP Board of
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(7) Other requirements that the Supreme Court (3) A pattern of misconduct;
or disciplinary board deems consistent with (4) Multiple offenses;
the purposes of sanctions. (5) Bad faith obstruction of the disciplinary
proceeding by intentionally failing to
MITIGATING CIRCUMSTANCES comply with rules or orders of the
(1) Absence of a prior disciplinary record; disciplinary agency;
(2) Absence of a dishonest or selfish motive; (6) Submission of false evidence, false
(3) Personal or emotional problems; statements, or other deceptive practices
(4) Timely good faith effort to make restitution during the disciplinary process;
or to rectify consequences of misconduct; (7) Refusal to acknowledge wrongful nature of
(5) Full and free disclosure to disciplinary board conduct;
or cooperative attitude toward proceedings; (8) Vulnerability of victim;
(6) Inexperience in the practice of law; (9) Substantial experience in the practice of
(7) Character or reputation; law;
(8) Physical or mental disability or impairment; (10) Indifference to making restitution. (See IBP
(9) Delay in disciplinary proceedings; Guidelines 9.22)
(10) Interim rehabilitation; (11) Others:
(11) Imposition of other penalties or sanctions; (a) Abuse of authority or of attorney-client
(12) Remorse; relationship;
(13) Remoteness of prior offenses; (b) Sexual intercourse with a relative;
(14) Others: (c) Making the institution of marriage a
(a) Good Faith; mockery;
(b) Want of intention to commit a wrong; (d) Charge of gross immorality;
(c) Lack of material damage to the (e) Previous punishment as member of the
complaining witness; bar;
(d) Desistance of complainant; (f) Defraud upon the government;
(e) Error in judgment; (g) Use of knowledge or information,
(f) Honest and efficient service in various acquired in the course of a previous
government positions; professional employment, against a
(g) Ready admission of the infraction coupled former client.
with explanation and plea for forgiveness;
(h) Clean record of professional service in the H. EFFECT OF EXECUTIVE PARDON
past; (1) Conditional pardon: disbarment case will
(i) Rendered professional services out of not be dismissed on such basis
pure generosity; (2) Absolute pardon granted before conviction:
(j) Punished in another capacity for a disbarment case will be dismissed
misconduct for which he now faces a (3) Absolute pardon granted before conviction:
disbarment proceeding; No automatic reinstatement to the bar. It
(k) Old Age & long membership (may also be must be shown by evidence aside from
an aggravation de-pending on the absolute pardon that he is now a person of
circumstance); good moral character and fit and proper
person to practice law.
AGGRAVATING CIRCUMSTANCES:
(1) Prior disciplinary offenses;
(2) Dishonest or selfish motive;
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For those admitted or readmitted after the members of the Judicial and Bar Council
establishment of the program, they will be and incumbent court lawyers covered by the
permanently assigned to the appropriate Philippine Judicial Academy program of
compliance group based on their chapter continuing judicial education;
membership on the date of admission or (4) The Chief State Counsel, Chief State
readmission. Prosecutor and Assistant Secretaries of the
The initial compliance period after admission or Department of Justice;
readmission shall begin on the first day of the (5) The Solicitor General and the Assistant
month of admission or readmission and shall Solicitor General;
end on the same day as that of all other (6) The Government Corporate Counsel, Deputy
members in the same compliance group. and Assistant Government Corporate
Counsel;
However: (7) The Chairmen and Members of the
(1) Where four months or less remain of the Constitutional Commissions;
initial compliance period after admission or (8) The Ombudsman, the Overall Deputy
readmission, the member is not required to Ombudsman, the Deputy Ombudsmen and
comply with the program requirement for the Special Prosecutor of the Office of the
the initial compliance; Ombudsman;
(2) Where more than four months remain of (9) Heads of government agencies exercising
the initial compliance period after quasi-judicial functions;
admission or readmission, the member (10) Incumbent deans, bar reviewers and
shall be required to complete a number of professors of law who have teaching
hours of approved continuing legal experience for at least ten years accredited
education activities equal to the number of law schools;
months remaining in the compliance (11) The Chancellor, Vice-Chancellor and
period in which the member is admitted or members of the Corps of Professors and
readmitted. Such member shall be Professorial Lectures of the Philippine
required to complete a number of hours of Judicial Academy;
education in legal ethics in proportion to (12) Governors and Mayors.
the number of months remaining in the (13) Those who are not in law practice, private or
compliance period. Fractions of hours shall public; and
be rounded up to the next whole number (14) Those who have retired from law practice
(Section 5, Rule 3, BM 850). with the approval of the IBP Board of
Governors (Sections 1 and 2, Rule 7).
D. EXEMPTIONS
EXEMPTED MEMBERS FROM THE MCLE A member may file a verified request setting
(1) The President and the Vice President of the forth good cause for exemption (e.g., physical
Philippines, and the Secretaries and disability, illness, post graduate study abroad,
Undersecretaries of Executives proven expertise in law) from compliance with
Departments; or modification of any of the requirements,
(2) Senators and Members of the House of including an extension of time for compliance,
Representatives; in accordance with a procedure to be
(3) The Chief Justice and Associate Justices of established by the MCLE Committee (Sec. 3,
the Supreme Court, incumbent and retired Rule 7, BM 850).
members of the judiciary, incumbent
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witnessing (Sec. 1(b), Rule IV, Notarial (d) Any place where a party to an instrument
Rules). or document requiring notarization is
under detention (Sec. 2(a), Rule IV,
III. SIGNING ON BEHALF OF A PERSON Notarial Rules)
WHO IS PHYSICALLY UNABLE TO SIGN
OR MAKE A MARK A person shall not perform a notarial act if the
A notary public is authorized if: person involved as signatory to the instrument
(1) The notary public is directed by the person or document:
unable to sign or make a mark to sign on (a) Is not in the notary's presence personally
his behalf; at the time of the notarization; and
(2) The signature of the notary public is affixed (b) Is not personally known to the notary
in the presence of two disinterested and public or otherwise identified by the
unaffected witnesses to the instrument or notary public through competent evidence
document; of identity as defined by the Notarial Rules
(3) Both witnesses sign their own names;
(4) The notary public writes below his A notary public is disqualified from performing
signature: “Signature affixed by notary in a notarial act if he:
presence of (names and addresses of (a) Is a party to the instrument or document
person and two witnesses);” and that is to be notarized;
(5) The notary public notarizes his signature (b) Will receive, as a direct or indirect result,
by acknowledgment or jurat (Section 1(c), any commission, fee, advantage, right,
Rule IV, Notarial Rules). title, interest, cash, property, or other
consideration, except as provided by the
“Physically unable to sign” does not include the Notarial Rules and by law; or
situation where a person is physically unable to (c) A notary public is disqualified from
sign because he is in anotherplace (Uy (2004)). performing is a spouse, common-law
partner, ancestor, descendant, or relative
C.2. LIMITATIONS by affinity or consanguinity of the principal
within the fourth civil degree (Section 3,
I. RELATING TO NOTARIAL ACTS
Rule IV, Notarial Rules)
A notary public shall not perform a notarial act
outside his regular place of work or business;
A notary public shall not perform any notarial
provided, however, that on certain exceptional
act described in the Notarial Rules if:
occasions or situations, a notarial act may be
(a) The notary knows or has good reason to
performed at the request of the parties in the
believe that the notarial act or transaction
following sites located within his territorial
is unlawful or immoral;
jurisdiction:
(b) The signatory shows a demeanor which
(a) Public offices, convention halls, and
engenders in the mind of the notary public
similar places where oaths of office may
reasonable doubt as to the former's
be administered;
knowledge of the consequences of the
(b) Public function areas in hotels and similar
transaction requiring a notarial act; and
places for the signing of instruments or
(c) In the notary's judgment, the signatory is
documents requiring notarization;
not acting of his or her own free will
(c) Hospitals and other medical institutions
(Section 4, Rule IV, Notarial Rules)
where a party to an instrument or
document is confined for treatment; and
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UP LAW BOC LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
A notary public shall not notarize: Rule VI, Sections I and 2 of the 2004 Rules of
(a) A blank or incomplete instrument or Notarial Practice require a notary public to
document; or keep and maintain a Notarial Register wherein
(b) An instrument or document without he will record his every notarial act. His failure
appropriate notarial certification (Section to make the proper entry or entries in his
6, Rule IV, Notarial Rules) notarial register concerning his notarial acts is
a ground for revocation of his notarial
II. RELATING TO NOTARIAL REGISTER commission (Agadan, et al. v. Kilaan (2013)).
In the notary's presence, any person may
inspect an entry in the notarial register, during D.1. ENTRIES
regular business hours, provided; I. BY THE NOTARY PUBLIC
(a) The person's identity is personally known Required to be entered at the time of
to the notary public or proven through notarization:
competent evidence of identity as defined (1) The entry number and page number;
in the Notarial Rules; (2) The date and time of day of the notarial
(b) The person affixes a signature and thumb act;
or other mark or other recognized (3) The type of notarial act;
identifier, in the notarial register in a (4) The title or description of the instrument,
separate, dated entry; document or proceeding;
(c) The person specifies the month, year, type (5) The name and address of each principal;
of instrument or document, and name of (6) The competent evidence of identity as
the principal in the notarial act or acts defined by the Notarial Rules if the
sought; and signatory is not personally known to the
(d) The person is shown only the entry or notary;
entries specified by him; (7) The name and address of each credible
witness swearing to or affirming the
The notarial register may be examined by a law person's identity;
enforcement officer in the course of an official (8) The fee charged for the notarial act;
investigation or by virtue of a court order. (9) The address where the notarization was
performed if not in the notary's regular
If the notary public has a reasonable ground to place of work or business; and
believe that a person has a criminal intent or (10) Any other circumstance the notary public
wrongful motive in requesting information may deem of significance or relevance;
from the notarial register, the notary shall deny (11) Reasons and circumstances for not
completing a notarial act;
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UP LAW BOC LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
(12) Circumstances of any request to inspect or to, acknowledged, or protested before him; or
copy an entry in the notarial register, if none, this certificate shall show this fact
including the: (Section 2(g), Rule VI, Notarial Rules).
(a) Requester’s name; D.3. SUBMISSION
(b) Requester’s address; A certified copy of each month’s entries and a
(c) Requester’s signature; duplicate original copy of any instrument
(d) Requester’s thumbmark or acknowledged before the notary public shall,
otherrecognized identifier; within the first ten days of the month
(e) Evidence of requester’s identity; and following, be forwarded to the Clerk of Court
(f) Reasons for refusal to allow inspection and shall be under the responsibility of such
or copying of a journal entry; officer. If there is no entry to certify for the
(13) Brief description of the substance of a month, the notary shall forward a statement to
contract presented for notarization; this effect in lieu of certified copies herein
(14) In case of a protest of any draft, bill of required (Section 2(h), Rule VI, Notarial Rules).
exchange or promissory note, a full and
true record of all proceedings in relation E. JURISDICTION OF NOTARY PUBLIC
thereto and shall note therein:
AND PLACE OF NOTARIZATION
(a) Whether the demand for the sum of
A person commissioned as notary public may
money was made, by whom, when and
perform notarial acts in any place within the
where;
territorial jurisdiction of the commissioning
(b) Whether he presented such draft, bill
court (Sec. 11, Rule III,Notarial Rules).
or note;
(c) Whether notices were given, to whom
This applies even if notarization is allowed in
and in what manner; where the same
places other than the regular place of business
was made, when and to whom and
of the notary public (Sec. 2(a), Rule IV, Notarial
where directed; and
Rules).
(d) Of every other fact touching the same
(Section 2, Rule VI, Notarial Rules)
F. REVOCATION OF COMMISSION
(1) The Executive Judge shall revoke a notarial
II. BY OTHER PERSONS
commission for any ground on which an
At the time of notarization, the notary's
application for a commission may be
notarial register shall be signed or a thumb or
denied;
other mark affixed by each:
(2) In addition, the Executive Judge may
(1) Principal;
revoke the commission of, or impose
(2) Credible witness swearing or affirming to
appropriate administrative sanctions upon,
the identity of a principal; and
any notary public who:
(3) Witness to a signature by thumb or other
(a) Fails to keep a notarial register;
mark, or to a signing by the notary public
(b) Fails to make the proper entry or entries
on behalf of a person physically unable
in his notarial register concerning his
to sign (Sec. 3, Rule VI, Notarial Rules).
notarial acts;
(c) Fails to send the copy of the entries to
D.2. CLOSING
the Executive Judge within the first ten
At the end of each week, the notary public
days of the month following;
shall certify in his notarial register the number
(d) Fails to affix to acknowledgments the
of instruments or documents executed, sworn
date of expiration of his commission;
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(e) Fails to submit his notarial register, When a lawyer commissioned as a notary
when filled, to the Executive Judge; public fails to discharge his duties as such, he
(f) Fails to make his report, within a is meted the penalties of revocation of his
reasonable time, to the Executive Judge notarial commission, disqualification from
concerning the performance of his being commissioned as a notary public for a
duties, as may be required by the judge; period of 2 years, and suspension from the
(g) Fails to require the presence of a practice of law for 1 year (Agbulos v. Viray
principal at the time of the notarial act; (2013)).
(h) Fails to identify a principal on the basis
of personal knowledge or competent Duties of notaries public are dictated by public
evidence; policy and impressed with public interest.
(i) Executes a false or incomplete certificate “Notarization is not a routinary, meaningless
under Section 5, Rule IV; act, for notarization converts a private
(j) Knowingly performs or fails to perform document to a public instrument, making it
any other act prohibited or mandated by admissible in evidence without the necessity of
these Rules; and preliminary proof of its authenticity and due
(k) Commits any other dereliction or act execution” (Tenoso vs. Echanez (2013)).
which in the judgment of the Executive
Judge constitutes good cause for G. COMPETENT EVIDENCE OF
revocation of com-mission or imposition IDENTITY
of administrative sanction (Section 1(a) Competent evidence of identity means the
and (b), Rule XI, Notarial Rules). identification of an individual based on:
(1) At least one current identification
A notary public should not notarize a
document issued by an official agency
document unless the person who signed the bearing the photograph and signature of
same is the very same person who executed
the individual; or
and personally appeared before him to attest (2) The oath or affirmation of:
to the contents and the truth of what are (a) One credible witness not privy to the
stated therein. Without the personal instrument, document or transaction
appearance of the person who actually who is personally known to the notary
executed the document, the notary public public and who personally knows the
would be unable to verify the genuineness of individual; or
the signature of the acknowledging party and (b) Two credible witnesses neither of whom
to ascertain that the document is the party’s is privy to the instrument, document or
free act or deed. trans-action who each personally knows
the individual and shows to the notary
A notarized document is, by law, entitled to public documentary identification
full faith and credit upon its face. It is for this (Section 12, Rule II, Notarial Rules).
reason that a notary public must observe with
utmost care the basic requirements in the
performance of his duties; otherwise, the H. SANCTIONS
public’s confidence in the integrity of a The Executive Judge may motu proprio initiate
notarized document would be undermined. administrative proceedings against a notary
public and impose the appropriate
administrative sanctions on the grounds for
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B. LEGAL STATUS
While the PBA enjoys high regard in the legal
community, the rules or canons it has adopted
are per se binding only on its members.
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nuclear members to include those related by The reality in the Philippine political system is
blood or marriage up to the sixth civil degree, that judges can easily get an appointment or
as well as those who belong to the judge’s promotion with some assistance or support
employ and are living in his household. These from political leaders, religious groups,
familial ties may not influence a judge in his or military stalwarts, big companies and the
her discharge of judicial duties. affluent. The most pervasive influence comes
It should be noted that when a judge is from leaders in the legislature and those
related to one of the parties within the sixth closely allied with the executive department.
degree of consanguinity or affinity, his [ABA (2007)]
disqualification is mandatory. This provision is
intended to ensure that judges are spared from Mere congeniality between a judge and a
potential influence of family members by governor may not necessarily be unethical, but
disqualifying them even before any opportunity it may still create the appearance of
for impropriety presents itself. impropriety. This congeniality was not
This gives instruction to judges not to necessarily detrimental to judicial
allow their family members, friends and independence, provided that there was no
associates to influence them in their judicial showing that such relations were for corrupt
conduct or judgment. Also importantly, a ends. However, had this case been tried under
judge should ensure that his family members, the New Code of Judicial Conduct, the judge’s
friends and associates refrain from creating the acts would likely have created an
impression that they are in a position to “appearance” of an improper connection. To
influence the judge. [(ABA– Rule of Law the common person, the accommodation may
Initiative, New Code of Judicial Conduct for the seem a reason for the judge to ingratiate
Philippine Judiciary (Annotated) (2007]) himself towards his benefactors, which may
ultimately be perceived as affecting the judge’s
"Judge’s family" includes a judge’s spouse, ability to rule independently. Therefore,
son, daughter, son-in-law, daughter-in-law, whether or not the congenial relationship was
and any other relative by consanguinity or indeed used for corrupt ends, it would be
affinity within the sixth civil degree, or person advisable for judges to avoid becoming
who is a companion or employee of the judge dependent on other parties, especially for basic
and who lives in the judge’s household needs like transportation to the judge’s
[(Definitions, New Code of Judicial Conduct)]. workstation.[Re: Suspension of Clerk of Court
Rogelio R. Joboco (1998)]
Otherwise, the judge risks undermining public
confidence not just in him or herself, but in the Granting bail because of the request of a
entire judicial institution [ABA (2007)] congressman, despite belief that the evidence
of guilt against the accused is strong, is
INDEPENDENCE FROM EXECUTIVE AND reprehensible [Tahil v. Eisma (1975)).
LEGISLATIVE
Section 5. Judges shall not only be free from It is absolutely essential to the proper
inappropriate connections with, and administration of justice that courts have full
influence by, the executive and legislative control over the official actions of those
branches of government, but must also
through whom the administration of the affairs
appear to be free therefrom to a reasonable
observer. of the court precedes. For judicial
independence to be a reality, the least
UP LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
DUTY EXTENDS TO COURT EMPLOYEES reproach. [In Re: Complaint of Mrs. Marcos
Against Judge Marcos (2001)]
The Court has recognized that Clerks of Court
are important officers in our judicial system. With regard to professional integrity, judges
Their office is the nucleus of all court activities, have been penalized for:
adjudicative and administrative. Their (1) Demanding and/or accepting bribes [Tan
administrative functions are as vital to the v. Rosete (2004)];
prompt and proper administration of justice as (2) Fraternizing with litigants and/or lawyers
their judicial duties. [Dela Cruz v. Bersamin (2000]);
(3) Altering orders [Rallos v. Gako (2000)];
The Court has further declared that the Clerk (4) Delay in rendering decisions [Fernandez v.
of Court performs a very delicate function as Hamoy (2004]);
the custodians of the funds and revenues, (5) Sexual harassment of employees [Dawa v.
records, property, and premises of the court, De Asa (1998]); and
and as such, they are liable for any loss, (6) Ignorance of the law [Macalintal v. The
shortage, destruction, or impairment of said (1997]).
funds and property. [Re: Report on Financial
Audit conducted at MCTC, Santiago-San With respect to personal integrity, judges have
Esteban, Ilocos Sur (2012)] been penalized for transgressions in their
private lives such as:
CONDUCT ABOVE REPROACH (1) Keeping and/or flaunting a mistress [In Re:
Section 1. Judges shall ensure that not only is Judge Marcos (2001]);
their conduct above reproach, but that it is (2) Inebriated/drunk behavior [Lachica v.
perceived to be so in the view of a reasonable Flordeliza (1996)];and
observer. (3) Frequenting casinos and cockfights [City of
Tagbilaran v Hontanosas (2002)].
The exacting standards of conduct demanded
from judges are designed to promote public REAFFIRM PEOPLE’S FAITH
confidence in the integrity and impartiality of Section 2. The behavior and conduct of
the judiciary because the people’s confidence judges must reaffirm the people's faith in
in the judicial system is founded not only on the integrity of the judiciary. Justice must
the magnitude of legal knowledge and the not only merely be done but must also be
diligence of the members of the bench, but seen to be done.
also on the highest standard of integrity and
moral uprightness they are expected to A judge has the duty to not only render a just
possess. It is therefore paramount that a and impartial decision, but also render it in
judge’s personal behavior both in the such a manner as to be free from any suspicion
performance of his duties and his daily life, be as to its fairness and impartiality, and also as
free from any appearance of impropriety as to to the judge’s integrity. It is obvious, therefore,
be beyond reproach [Tan v. Rosete (2004)]. that while judges should possess proficiency in
law in order that they can competently
The personal behavior of a judge should be construe and enforce the law, it is more
free from the appearance of impropriety, and important that they should act and behave in
his personal behavior, not only in the bench such a manner that the parties before them
and in the performance of judicial duties, but should have confidence in their impartiality
also in his everyday life, should be beyond [Sibayan-Joaquin v. Javellana (2001]).
UP LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
A judge may not be legally prohibited from fairness of the process. Nor shall judges
sitting in a litigation. But when suggestion is make any comment in public or otherwise
made of record that he might be induced to act that might affect the fair trial of any person or
in favor of one party or with bias or prejudice issue.
against a litigant arising out of circumstance
reasonably capable of inciting such a state of This Section warns judges against making any
mind, he should conduct a careful self- comment that might reasonably be expected
examination. He should exercise his discretion to affect the outcome of the proceedings
in a way that the people's faith in the courts of before them or "impair the manifest fairness of
justice is not impaired [Pimentel v. Salanga the process.” [ABA (2007)]
(1967]).
In Martinez v. Gironella (1975), a judge was
A judge should behave at all times in a way disqualified from trying a murder case against
that promotes public confidence in the the accused (as principal), because, in a
integrity and impartiality of the judiciary. The decision in a prior case involving an alleged
appearance of bias or prejudice can be as accessory, he stated that the accused in the
damaging to public confidence and the present case committed the crime.
administration of justice as actual bias or
prejudice [Montemayor v. Bemejo (2004)]. In Gutierrez vs. Santos (1961) a judge’s act of
recusing himself from presiding over a case
MINIMIZE INSTANCES OF was upheld by the Supreme Court. While in
DISQUALIFICATIONS private practice, the judge had expressed an
Section 3. Judges shall, so far as is opinion concerning an issue that would unduly
reasonable, so conduct themselves as to benefit one of the parties. However, the
minimize the occasions on which it will be Supreme Court has recently held that judges
necessary for them to be disqualified from and justices are not disqualified from
hearing or deciding cases. participating in a case simply because they
have written legal articles on the law involved
The underlying reason for the rules on in the case [Chavez v. Public Estates Authority
disqualification is to ensure that a judge, (2003)]
sitting in a case, will at all times be free from
inclinations or prejudices and be well capable VOLUNTARY DISQUALIFICATIONS
to render a just and independent judgment. Section 5. Judges shall disqualify themselves
from participating in any proceedings in
A litigant is entitled to nothing less than the which they are unable to decide the matter
cold neutrality of a judge. Due process requires impartially or in which it may appear to a
reasonable observer that they are unable to
it [Parayno v. Meneses (1994]). decide the matter impartially. Such
proceedings include, but are not limited to,
PUBLIC COMMENTS ON PENDING AND instances where:
IMPENDING CASES (a) The judge has actual bias or prejudice
Section 4. Judges shall not knowingly, while a concerning a party or personal
proceeding is before, or could come before knowledge of disputed evidentiary facts
them, make any comment that might concerning the proceedings;
reasonably be expected to affect the outcome (b) The judge previously served as a lawyer
of such proceeding or impair the manifest or was a material witness in the matter
UP LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
The agreement, signed by all parties and recognizes that even acts that are not per se
lawyers, shall be incorporated in the record of improper can nevertheless be perceived by the
the proceedings. larger community as such [ABA (2007)]. This is
so because the community holds judges to
The decision to continue hearing the case, higher standards of integrityand ethical
despite the existence of reasons for conduct than attorneys and other persons not
disqualification should be: (1) coupled with a invested with public trust. [Oca v. Estacion Jr.)
bona fide disclosure to the parties-in-litigation,
and (2) subject to express acceptance by all the Acts of judges which are not illegal but may
parties of the cited reason as not material or still violate the Code:
substantial; absent these two, the judge may (1) Hearing cases on the day when the judge
not be permitted to continue hearing the case.. was supposed to be on official leave [Re:
The basis of the disqualification should be Anonymous Complaint Against Acuña
disclosed, not mere “personal reasons” [ABA (2005]);
(2007]). (2) Hearing a motion while on vacation in the
judge’s room dressed in a polo jacket
The Court held that there is nothing in Rule V [Ignacio v. Valenzuela (1982]);
or in any other part of the Internal Rules of the (3) Coming out of a hotel together with a
Court of Appeals that specifically requires that subordinate, even when there is no clear
the party-litigants be informed of the evidence of sexual congress [Liwanag v.
mandatory or voluntary inhibition of a Justice. Lustre (1999]);
However, the Court held that henceforth all the (4) Making a joking remark to a litigant
parties in any action or proceedings should be suggesting for the latter to prove that he
immediately notified of any mandatory harbored no ill feelings toward the judge
disqualification or voluntary inhibition of the [Co v. Plata (2005]);
Justice who has participated in any action of (5) Admonishing the bride and the groom,
the court, stating the reason for the mandatory after conducting a marriage ceremony, to
disqualification or voluntary inhibition. The sexually satisfy each other so that they will
requirement of notice is a measure to ensure not go astray [Hadap v. Lee (1982]).
that the disqualification or inhibition has not (6) Posting credentials as judge in Friendster
been resorted to in order to cause injustice to and posting a picture with indecent attire
or to prejudice any party or cause [Re: letters of [Lorenzana v. Austria (2014)]
Judge Eduardo (2014)]. Violent action in a public place, whatever the
motive, constitutes serious misconduct and
D. PROPRIETY resultant outrage of the community [Arban v.
Canon 4. Propriety and the appearance of Boraha (1989]).
propriety are essential to the performance of
all the activities of a judge. ACCEPTANCE OF PERSONAL RESTRICTIONS
Section 2. As a subject of constant public
AVOIDANCE OF IMPROPRIETY scrutiny, judges must accept personal
Section 1. Judges shall avoid impropriety and restrictions that might be viewed as
the appearance of impropriety in all of their burdensome by the ordinary citizen and
activities. should do so freely and willingly. In
particular, judges shall conduct themselves
By prohibiting not only impropriety but even in a way that is consistent with the dignity of
the appearance of impropriety, the Code the judicial office.
UP LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
While judges are only human, their acceptance check the tug and pull of purely personal
of the judicial position means that more is preferences which he shares with his fellow
expected from them than from ordinary mortals.” [Oca v. Paderanga (2005)]. Judges
citizens, as their acts, both public and private, should refrain from inviting counsel for one
color the public’s perception of the judiciary as side into their chambers after or prior to
a whole. sessions in court without disclosing to theother
counsel the reason for such meetings,
As subjects of constant public scrutiny, [Martinez v. Gironella (1975); being aggressive
personal restrictions that might be viewed as in demeanor towards a lawyerappearing
burdensome by the ordinary citizen should be before them, [Royeca v. Aminas (1976)]; and
freely and willingly accepted by a judge. In making public comments, or allowing court
particular, he or she must exhibit conduct staff to make comments, onpending cases,
consistent with the dignity of the judicial office. [Geotina v Gonzales (1971)].
Dignified conduct is best described as conduct
befitting men and women possessed of NOT PARTICIPATE IN CASES WHERE HE
temperance and respect for the law and for MAY BE IMPARTIAL
others. Section 4. Judges shall not participate in the
determination of a case in which any member
Indeed, a judge’s personal behavior, not only of their family represents a litigant or is
associated in any manner with the case.
while in the performance of official duties,
must be beyond reproach, being the visible
This rule rests on the principle that no judge
personification of law and of justice [Re:
should preside in a case in which the judge is
Anonymous Complaint Against Acuña (2005)].
not wholly free, disinterested, impartial and
independent. A judge has both the duty of
Some instances when judges were rebuked:
rendering a just decision and the duty of doing
(1) Making sexually suggestive advances to
it in a manner completely free from suspicion
women [Mariano v. Gonzales (1982)];
as to fairness and integrity. The purpose is to
(2) Writing letter to a married woman to
preserve the people’s faith and confidence in
come to the sala after 5 pm [Hadap v. Lee
the courts of justice(ABA (2007)).
(1982)];
(3) Assigning a female stenographer to a
NOT ALLOW THE USE OF HIS RESIDENCE BY
judge’s chamber [Ritual v. Valencia
OTHER LAWYERS
(1978)];
Section 5. Judges shall not allow the use of
their residence by a member of the legal
AVOIDANCE OF CONTROVERSY profession to receive clients of the latter or of
Section 3.Judges shall, in their personal other members of the legal profession.
relations with individual members of the
legal profession who practice regularly in It is grossly improper for a judge to meet with a
their court, avoid situations which might
litigant at his home and to frequent the
reasonably give rise to the suspicion or
appearance of favoritism or partiality. karaoke bar owned by such litigant, enjoying
the use thereof for free [J. King & Sons v.
A judge is commanded at all times to be Hontanosas (2004)].
mindful of the high calling of a dispassionate
and impartial arbiter expected at all times to Fraternizing with litigants tarnishes the
be a “cerebral man who deliberately holds in appearance of impartiality. It is improper for a
UP LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
judge to meet privately with the accused dealings that tend to reflect adversely on the
without the presence of the complainant [De court’s impartiality, interfere with the proper
Guzman, Jr. v. Sison (2001)]. performance of judicial activities, or increase
involvement with lawyers or persons likely to
FREEDOM OF EXPRESSION come before the court. A judge should so
Section 6. Judges, like any other citizen, are manage investments and other financial
entitled to freedom of expression, belief, interests as to minimize the number of cases
association and assembly, but in exercising giving grounds for disqualification” [Catbagan
such rights, they shall always conduct v. Barte (2005)].
themselves in such a manner as to preserve
the dignity of the judicial office and the
impartiality and independence of the INFLUENCE OF JUDICIAL CONDUCT
judiciary. Section 8. Judges shall not:
(a) Use or lend the prestige of the judicial
While judges are not expected to live a hermit- office to advance their private interests,
or those of a member of their family or of
like existence or cease functioning as citizens
anyone else;
of the Republic, they should remember that (b) Convey or permit others to convey the
they do not disrobe themselves of their judicial impression that anyone is in a special
office upon leaving their salas. position improperly to influence them in
the performance of judicial duties.
In the exercise of their civil liberties, judges
should be circumspect and ever mindful that This rule has two parts. The first is that a judge
their continuing commitment to upholding the may not use judicial office to advance private
judiciary and its values places upon them interests. The second is that a judge may not
certain implied restraints to their freedom. give the impression that he or she can be
[ABA (2007]). influenced to use the judicial office to advance
the private interests of others.
The use of expletives [In Re Judge Acuna] and
display of unbecoming behaviour through A judge who, as creditor, filed a collection case
sarcastic comments [Seludo v. Fineza] are in a venue where he was one of the trial judges,
frowned upon by the Court. was severely censured by the Supreme Court,
stating that a sense of propriety should have
BE INFOMED OF HIS FINANCIAL INTERESTS impelled him to desist from filing in said
Section 7. Judges shall inform themselves venue, even when, under the law, he had the
about their personal fiduciary financial choice of venue. In the eyes of the public, it
interests and shall make reasonable efforts to arouses suspicion, rightly or wrongly, that
be informed about the financial interests of advantage is being taken of one’s position
members of their family. (Javier v. De Guzman, Jr. (1990)).
General rule: Municipal judges may not engage GIFTS, REQUESTS, LOANS
in notarial work. Section 13. Judges and members of their
families shall neither ask for, or accept, any
Exception: They may do so as notaries public gift, bequest, loan or favor in relation to
ex-officio, in which case, they may only notarize anything done or to be done or omitted to be
done by him or her in connection with the
documents connected with the exercise of their performance of judicial duties.
official functions. As such, they may not
undertake the preparation and Under Section 7(d), RA 6713, prohibits
acknowledgement of private documents, solicitation or acceptance by public officials
contracts and other acts of conveyance, which and employees, directly or indirectly, of any
bear no relation to the performance of their gift, gratuity, favor, entertainment, loan or
functions as judges. anything of monetary value from any person in
the course of their official duties or in
Exception to the exception: In far-flung connection with any operation being regulated
municipalities which have neither lawyers nor by, or any transaction which may be affected
notaries public, municipal judges assigned to by the functions of their office.
those municipalities or circuits may, in their
capacity as notaries public ex-officio, perform The act of a judge in demanding and receiving
any act within the competence of a regular money from a party-litigant before his court
notary public, provided: constitute serious misconduct in office. It is this
(1) All notarial fees charged be for the kind of gross and flaunting misconduct on the
account of the Government and turned part of those who are charged with the
over to the municipal treasurer; and responsibility of administering the law and
(2) A certification be made in the notarized rendering justice that so quickly and surely
documents attesting to the lack of any corrodes the respect for law and the courts
lawyer or notary public in such without which government cannot continue
municipality or circuit [Tabao v. Asis and that tears apart the very bonds of our
(1996)]. polity [Haw Tay v. Singayao (1987]).
PERMISSIBLE TOKENS AND REWARDS As the guardians of justice, courts must adhere
Section 15. Subject to law and to any legal to the principle of equality. People expect the
requirements of public disclosure, judges courts to be unaffected by differences in social
may receive a token, gift, award, or benefit as status, degree of education, and even physical
appropriate to the occasion on which it is abilities
made provided that such gift, award of
benefit might not reasonably be perceived as
intended to influence the judge in the UNDERSTANDING DIVERSITY IN SOCIETY
performance of judicial duties or otherwise Section 1. Judges shall be aware of, and
give rise to an appearance of partiality. understand, diversity in society and
differences arising from various sources,
General rule: Judges and members of their including but not limited to race, color, sex,
families are prohibited from accepting any religion, national origin, caste, disability, age,
marital status, sexual orientation, social and
token, gift, award or benefit. economic status and other like causes.
Exception: Subject to legal requirements like To render substantial justice and maintain
public disclosure, they may accept gifts public confidence in the judicial system, judges
provided that it might not reasonably be are expected to be aware of the diversity in
perceived as intended to influence judge. society that results from an increased
worldwide exchange of people and ideas.
As to gifts or grants from foreign governments, Judges must be able to avoid the infiltration of
Section 7(d),RA 6713 allows: preconceptions into their decisions [ABA
(a) A gift of nominal value tendered and (2007)].
received as a souvenir or mark of courtesy;
(b) A gift in the nature of a scholarship or NOT TO MANIFEST BIAS OR PREJUDICE
fellowship grant or medical treatment; or Section 2. Judges shall not, in the
(c) Travel grants or expenses for travel taking performance of judicial duties, by words or
place entirely outside the Philippine of conduct, manifest bias or prejudice towards
more than nominal value if such any person or group on irrelevant grounds.
acceptance is: In every litigation, perhaps much more so in
(i) Appropriate or consistent with the criminal cases, the manner and attitude of a
interests of the Philippines; and trial judge are crucial to everyone concerned,
(ii) Permitted by the head of office, branch the offended party, no less than the accused.
or agency to which he belongs.
It is not for him to indulge or even to give the
E. EQUALITY appearance of catering to the at times human
failing of yielding to first impressions.
Canon 5. Ensuring equality of treatment to all
before the courts is essential to the due
performance of the judicial office. He is to refrain from reaching hasty
conclusions or prejudging matters.
This is a new canon not found in the previous
codes of judicial conduct. It expands the Judges should avoid private remarks, hasty
measures to promote equality required by conclusions, or distasteful jokes that may give
international human rights agreements [ABA even erroneous impressions of prejudice and
(2007]). lead public to believe that cases before them
are being prejudged[Castillo v. Juan (1975)]
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NOT TO INFLUENCE STAFF Since judges set the tone and environment of
Section 4. Judges shall not knowingly permit the court proceedings, they should censure
court staff or others subject to his or her lawyers who use sexist language or
influence, direction or control to differentiate inappropriate behavior in court [ABA (2007)
between persons concerned, in a matter citing AmJur; In Re Romano (1999)]
before the judge, on any irrelevant ground.
implementation. Heavy caseload and that the records of cases assigned to his sala
demanding workload are not valid reasons to are intact. There is no justification for missing
fall behind the mandatory period for records, except fortuitous events. [Longboan v.
disposition of cases. [Office of the Court Polig (1990])
Administrator v. Judge Borromeo R.
Bustamante, Municipal Trial Court in Cities, Respondent Judge Indar should be reminded
Alaminos City, Pangasinan, (2014)] of his personal responsibility in the making of
his decisions and orders. He should not rely on
Competence is a mark of a good judge. When anybody else for the examination and study of
a judge displays an utter lack of familiarity with the records to properly ascertain the facts of
the rules, he erodes the public’s confidence in each case that he handles. He cannot simply
the competence of our courts. It is highly pass the blame on his staff and hide behind
imperative that judges be conversant with the the incompetence of his subordinates [Espina
law and basic legal principles. Basic legal v. Indar (2011)].
procedures must be at the palm of a judges
hands [Hipe v. Literato (2012)] MAINTAIN PROFESSIONAL COMPETENCE
Section 3. Judges shall take reasonable steps
DUTIES TAKE PRECEDENCE to maintain and enhance their knowledge,
Section 1. The judicial duties of a judge take skills, and personal qualities necessary for the
precedence over all other activities. proper performance of judicial duties, taking
advantage for this purpose of the training and
other facilities which should be made
A judge may, in the exercise of his discretion,
available, under judicial control, to judges.
inhibit himself voluntarily from sitting in a
case, but it should be based on good, sound or When a judge accepts his position, he owes it
ethical grounds, or for just and valid reasons. to the dignity of the court, to the legal
No less than imperative is that it is the judge’s profession, and to the public, to know the very
sacred duty to administer justice without fear law he is supposed to apply to a given
or favor [Parayno v. Meneses(1994)] controversy. Even in the remaining years of his
stay in the judiciary he should keep abreast
PERFORM ADMINISTRAIVE DUTIES with the changes in the law and with the latest
Section 2. Judges shall devote their decisions and precedents.
professional activity to judicial duties, which
include not only the performance of judicial
functions and responsibilities in court and the BE INFORMED ABOUT THE LAW
making of decisions, but also other tasks Section 4. Judges shall keep themselves
relevant to the judicial office or the court's informed about the relevant developments of
operations. international law, including international
conventions and other instruments
Failure to speedily dispose of cases on account establishing human rights norms.
of missing records of cases reflects an
inefficient and disorderly system in the Subject to the conditions set forth in Section 2,
Article II and Section 21, Article VII,
recording of cases assigned to a judge’s sala.
Proper and efficient court management is as Constitution, international law, both
customary and conventional, are part of
much the judge’s responsibility, for the court
Philippine law.
personnel are not the guardians of a judge’s
responsibilities. A judge is expected to ensure
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When an error is so gross and patent, such lowers its standards and brings it into
error produces an inference of bad faith, disrepute. Failure to decide a case within the
making the judge liable for gross ignorance of reglementary period is not excusable and
the law [Jorda v Bitas (2014)]. constitutes gross inefficiency warranting the
imposition of administrative sanctions on the
Where the law involved is simple and defaulting judge [In Re Cases for Decisions
elementary, lack of conversance therewith Submited to Judge Baluma (2013)].
constitutes gross ignorance of the law. Judges
are expected to exhibit more than just cursory MAINTAIN ORDER IN PROCEEDINGS
acquaintance with statutes and procedural
laws. They must know the laws and apply them Section 6. Judges shall maintain order and
properly in all good faith. Judicial competence decorum in all proceedings before the court
requires no less. The disregard of established and be patient, dignified, and courteous in
rule of law which amounts to gross ignorance relation to litigants, witnesses, lawyers, and
others with whom the judge deals in an official
of the law makes a judge subject to disciplinary capacity. Judges shall require similar conduct
action [Bautista v. Causapin Jr. (2011)]. of legal representatives, court staff and others
However, not every judicial error is tantamount subject to their influence, direction, and control
to ignorance of the law and if it was committed Under earlier versions of Canons of Judicial
in good faith, the judge need not be subjected Ethics, it was held that the courts are made for
to administrative sanction [Abanado v. Bayona the litigants, not the litigants for the courts.
(2012)]. Punctuality was required “recognizing that the
time of the litigants, witnesses, and attorneys
PROMPT DECISION MAKING is of value.” Judges are not allowed to tolerate
Section 5. Judges shall perform all judicial abuses and neglect by clerks, sheriffs, and
duties, including the delivery of reserved other assistants and to exhibit “undue
decisions, efficiently, fairly, and with interference, impatience, or participation in the
reasonable promptness. examination of witnesses.” [ABA (2007)]
Prompt disposition of cases is attained
A judge was found guilty of committing acts
basically through the efficiency and dedication
unbecoming of a judge and abuse of authority
to duty of judges. While rules prescribing the
when he shouted invectives and threw a chair,
time within which certain acts must be done
resulting in wrist and other injuries to the
should be regarded as mandatory, the Court
complainant [Briones v. Ante, Jr. (2002]).
has nevertheless been mindful of the plight of
judges and has been understanding of
Another judge was found guilty of serious
circumstances that may hinder them from
misconduct and inefficiency by reason of
promptly disposing of their businesses and, as
habitual tardiness. He was fined and
such, has allowed extensions of time due to
suspended for judicial indolence [Yu-Asensi v.
justifiable reasons. [Dulang v. Judge Regencia
Villanueva (2000)].
(2014.)]
NOT TO ENGAGE IN CONDUCT CONTRARY
Every judge should decide cases with dispatch
TO DUTIES
and should be careful, punctual, and observant
Section 7. Judges shall not engage in conduct
in the performance of his functions for delay in
incompatible with the diligent discharge of
the disposition of cases erodes the faith and judicial duties.
confidence of our people in the judiciary,
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(6) The Senate tries the public official under On January 16, 2012, the Senate, sitting as an
the article [Abad, J., Separate Concurring impeachment court, began the trial. The
Opinion, Guttierez v. HOR Committee on prosecution dropped Articles I, IV, V, VI, VII,
Justice (2011]). VIII, leaving only Articles II and III as their
grounds for impeachment.
A.2. IMPEACHMENT OF FORMER CHIEF
JUSTICE CORONA On May 29, 2012, the Senate found Chief
On December 12, 2011, the House of Justice Corona guilty under Article II of the
Representatives voted to impeach Chief Justice articles of impeachment for his failure to
Corona. They charged him with eight articles of declare his true statements of assets, liabilities
impeachment alleging: and net worth. After 20 senators voted in favor
(1) Betrayal of public trust; of impeachment under this ground, the Senate
(2) Graft and corruption; and no longer voted under Article III. Three
(3) Culpable violation of the Constitution. senators voted to acquit Corona on that
ground.
ARTICLES OF IMPEACHMENT
Article I:Partiality and subservience in cases QUANTUM OF EVIDENCE USED
involving the Arroyo administration; An impeachment proceeding is sui generis; it is
Article II:Failure to disclose to the public his neither purely political nor criminal. Thus, it
statement of assets and liabilities; does not require proof beyond reasonable
Article III:Flip-flopping decisions in final and doubt. In the course of the impeachment trial,
executory cases, creating excessive the senator-judges expressed differing views.
entanglement with Former President Arroyo, Some argued that it requires “clear and
and discussing with litigants regarding the convincing proof,” while some argued that it
cases pending before the Supreme Court; needs “preponderance of evidence.”
Article IV:Irregularities in issuing a quo-ante
order against the House of Representatives in The Senate has traditionally left the choice of
the impeachment of then Ombudsman the applicable standard of proof to each
Merceditas Gutierrez; individual Senator [Black, Impeachment: A
Article V:Gerrymandering in the case of the 16- Handbook (1974)).
newly created cities and promotion of Dinagat
into a province; IMPEACHMENT (ETHICAL ASPECTS)
Article VI:Improper investigation in the Former Chief Justice Corona was the first
plagiarism case of Associate Justice Mariano justice of the Supreme Court to be impeached
del Castillo; and convicted.
Article VII: Granting a temporary restraining
order to Former President Arroyo and husband He was found guilty for culpable violation of
Mike Arroyo after the Department of Justice the Constitution and/or betrayal of public trust
prevented them to go out of the country; for not correctly declaring his statements of
Article VIII:Graft and corruption when he failed assets, liabilities and net worth.
and refused to account for the judiciary
development fund and special allowance for The prosecution alleges that he inaccurately
the judiciary collections. declared his peso and dollar deports, and real
estate properties.
UP LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
The defense argues that he did not declare his HOW INSTITUTED
dollar deposits and peso deposits because of Proceedings for the discipline of judges of
the banking secrecy and foreign currency regular and special courts and justices of the
deposit laws. It was also said that some Court of Appeals and the Sandiganbayan may
undeclared assets are also co-mingled funds be instituted:
that he does not own solely. (1) Motu proprioby the Supreme Court;
(2) Upon the verified complaint, supported by
B. JUDGES OF THE LOWER COURTS affidavits of persons who have personal
AND JUSTICES OF COURT OF knowledge of the facts alleged therein or
by documents which may substantiate
APPEALS AND SANDIGANBAYAN
said allegations; or
(3) Upon an anonymous complaint,
TENURE
supported by public records of indubitable
The members of the Supreme Court and
integrity.
judges of lower courts shall hold office during
a good behavior until they reach the age of
The complaint shall be in writing and shall
seventy years or become incapacitated to
state clearly and concisely the acts and
discharge the duties of their office.
omissions constituting violations of standards
of conduct prescribed for judges(Sec. 1, Rule
DISCIPLINING BODY IS THE SC 140).
The Supreme Court en banc shall have the
power to discipline judges of lower courts, or The right to institute disbarment proceedings
order their dismissal by a vote of majority of is not confined to clients nor is it necessary that
the Members who actually took part in the the person complaining suffered injury from
deliberations on the issues in the case and the alleged wrongdoing. The procedural
voted thereon (Section 11, Article VIII, requirement observed in ordinary civil
Constitution). proceedings that only the real party-in-interest
must initiate the suit does not apply in
General rule: A judge cannot be subjected to disbarment cases. Disbarment proceedings are
liability – civil, criminal, or administrative – for matters of public interest and the only basis for
any his official acts, not matter how erroneous, the judgment is the proof or failure of proof of
as long as he acts in good faith [Valdez v. the charges [Figueros v Jimenez (2014)].
Valera (1978)].
INVESTIGATION
Ratio: A judicial officer, in exercising the Upon the filing of the comment of the
authority vested in him, shall be free to act respondent or upon the expiration of the
upon his own convictions, without period for such filing, which is ten days from
apprehension of personal consequences to the date of service to him of the copy of the
himself. complaint (Section 2, Rule 140), the SC shall:
(1) Refer the matter to the Office of the Court
This concept of judicial immunity rests upon Administrator (OCA) for evaluation,
consideration of public policy, its purpose report, and recommendation; or
being to preserve the integrity and (2) Assign the case for investigation, report,
independence of the judiciary[Pabalan v. and recommendation to:
Guevarra (1976)].
UP LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
(4) Undue delay in the submission of monthly (10) Imposing the penalty of subsidiary
reports. imprisonment on a party for failure to pay
civil indemnity in violation of RA 5465
Sanctions: [Monsanto v. Palarca (1983)
(1) A fine of not less than P1,000.00 but not
exceeding P10,000.00;and/or GUIDELINES JUDICIAL CLEMENCY IN
(2) Censure; ADMINISTRATIVE CASES
(3) Reprimand; The SC laid down the following guidelines in
(4) Admonition with warning. resolving requests for judicial clemency:
(1) There must be proof of remorse and
ILLUSTRATIVE CASES reformation. These shall include but
The following have been subject to discipline should not be limited to certifications or
by the Supreme Court: testimonials of the officer(s) or chapter(s)
(1) Failure to deposit funds with the of the Integrated Bar of the Philippines,
municipal treasurer or produce them judges or judges associations and
despite promise to do so [Montemayor v. prominent members of the community
Collado (1981)]; with proven integrity and probity. A
(2) Misappropriation of fiduciary funds (i.e., subsequent finding of guilt in an
proceeds of cash bail bond) by depositing administrative case for the same or similar
the check in a personal account, thus misconduct will give rise to a strong
converting the trust fund to personal use presumption of non-reformation;
[Barja v. Beracio (1976)]; (2) Sufficient time must have lapsed from the
(3) Extorting money from a party-litigant who imposition of the penalty to ensure a
has a pending case [Haw Tay v. Singayao period of reformation;
(1988)]: (3) The age of the person asking for clemency
(4) Solicitation of donation for office must show that he still has productive
equipment [Lecaroz v. Garcia (1981)]; years ahead of him that can be put to
(5) Frequent unauthorized absences in office good use by giving him a chance to
[Municipal Council of Casiguruhan, redeem himself;
Quezon v. Morales (1974)]; (4) There must be a showing of promise (such
(6) Delay in the disposition of cases in as intellectual aptitude, learning or legal
violation of the canon that a judge must acumen or contribution to legal
promptly dispose of all matters submitted scholarship and the development of the
to him [Balagot v. Opinion (1991)]; legal system or administrative and other
(7) Unduly granting repeated motions for relevant skills), as well as potential for
postponement [Araza v. Reyes (1975)]; public service;
(8) Unawareness of or unfamiliarity with the (5) There must be other relevant factors and
application of the Indeterminate Sentence circumstances that may justify clemency
Law and duration and graduation of [Sulta Ali v. Judge Pacalna (013)].
penalties [In re: Paulin (1980)];
(9) Reducing to a ridiculous amount
(P6,000.00) the bail bond of the accused
murderer, enabling him to escape the toils
of the law [Soriano v. Mabbayad (1975)].
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(3) Criminal process may be issued by a officer; and if the procedure to be followed in
justice of the peace or other inferior court, the exercise of such jurisdiction is not
to be served outside his province, when specifically pointed out by law or by these
the district judge, or in his absence the rules, any suitable process or mode of
provincial fiscal, shall certify that in his proceeding may be adopted which appears
opinion the interests of justices require conformable to the spirit of said law or rules
such service (Section 4, Rule 135). (Section 6, Rule 135).
If a case has been heard only in part, the A sheriff is guilty of violating Rule 141, Section
Supreme Court, upon petition of any of the 10 of the Rules of Court if he fails to observe
parties to the case and the recommendation of the following: (1) prepare an estimate of
respective district judge, may also authorize expenses to be incurred in executing the writ;
the judge who has partly heard the case, if no (2) ask for the court’s approval of his
other judge had heard the case in part, to estimates; (3) render an accounting; and (4)
continue hearing and to decide said case issue an official receipt for the total amount
notwithstanding his transfer or appointment to he received from the judgment debtor [OCA v.
another court of equal jurisdiction (Sec. 9, Rule Sheriff Macusi (2013)]
135).
NEGLECT OF DUTY OF JUDICIAL
DUTY OF A SHERIFF EMPLOYEES
As a Sheriff, he is expected to be familiar with OCA and this Court have underscored the
court procedure and processes, especially importance of court employees truthfully and
those concerning the execution of orders and accurately recording in their DTRs the time of
decisions of the courts [Heirs of Teves v. their arrival in and departure from office.
Felicadario (2013)] Maceda’s falsification of her DTRs is
dishonesty [Anonymous complaint against
Sheriffs play an important role in the Maceda, Court Interpreter (2014)]
administration of justice. They are tasked to
execute final judgments of the courts. If not A court interpreter who: failed to report to work
enforced, such decisions become empty for a period of time; made several errors in the
victories of the prevailing parties. As agents calendar of cases that may not only cause the
of the law, sheriffs are called upon to court and the parties confusion and unjustified
discharge their duties with due care and delays, but may also make the court appear
utmost diligence because in serving the inefficient in the eyes of the public; and failure
court’s writs and processes and implementing to prepare a calendar of cases was found by
its orders, they cannot afford to err without the Court to be indifferent to her work and is
affecting the integrity of their office and the lacking in effort to improve. The Court found
UP LAW BOC JUDICIAL ETHICS LEGAL AND JUDICIAL ETHICS
that she was remiss in her duties. [Alano et al v. A.2. DUTIES OF THE CLERK OF COURT
Sahi (2014)] I. ISSUANCE OF PROCESS
(1) The clerk of a superior court shall issue
Not being a lawyer, Court Stenographer under the seal of the court all ordinary
Monilla had no authority to prepare and writs and process incident to pending
finalize an extrajudicial settlement of estate. cases, the issuance of which does not
Being a court employee, she ought to have involve the exercise of functions
known that it was improper for her to prepare appertaining to the court or judge only.
and finalize the extrajudicial settlement of (2) The clerk may, under the direction of the
estate, a service only a lawyer is authorized to court or judge, make out and sign letters of
perform, and to receive money therefor. administration, appointments of
guardians, trustees and receivers, and all
She is an employee of the court whose conduct writs and process issuing from the court.
must always be beyond reproach and
circumscribed with the heavy burden of II. RECEPTION OF PAPERS AND
responsibility as to let her be free from any PREPATION OF MINUTES
suspicion that may taint the judiciary. She is
The clerk of each superior court shall:
expected to exhibit the highest sense of
(1) Receive and file all pleadings and other
honesty and integrity not only in the
papers properly presented, endorsing on
performance of her official duties but also in
each such paper the time when it was
her personal and private dealings with other
filed;and
people to preserve the court’s good name and
(2) Attend all of the sessions of the court and
standing [Arienda v. Monilla (2013)]
enter its proceedings for each day in a
minute book to be kept by him(Sec. 6, Rule
VI. COURT RECORDS AND 136).
GENERAL DUTIES OF CLERKS
III. SAFEKEEPING PROPERTY
AND STENOGRAPHERS The clerk shall safely keep all records, papers,
[RULE 136] files, exhibits and public property committed to
his charge, including the library of the court,
and the seal and furniture belonging to his
A. CLERKS OF COURT
office (Section 7, Rule 136).
A.1. OFFICE OF THE CLERK OF COURT
The clerk’s office, with the clerk or his deputy in
IV. KEEPING A GENERAL DOCKET
attendance, shall be open during business
The clerk shall keep a general docket, each
hours on all days, except Sundays and legal
page of which shall be numbered and
holidays. The clerk of the Supreme Court and
prepared for receiving all the entries in a single
that of the Court of Appeals shall keep the
case.
office in Manila and all papers authorized or
required to be filed therein shall be filed in
The following shall be entered in the docket, so
Manila (Section 3, Rule 136).
that by reference to a single page, the history
of a case may be seen:
(1) All cases, numbered consecutively in the
order in which they were received;
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(2) Under the heading of each case and a special proceedings, or otherwise keeping
complete title thereof: cases separated by classes as the court
(a) The date of each paper filed or issued; shall deem best (Section 13, Rule 136).
(b) Each order or judgment entered;and
(c) Each other step taken in the case IX. KEEPING OTHER BOOKS AND OTHER
(Section 8, Rule 136). DUTIES
The clerk shall keep such other books and
V. KEEPING A DOCUMENT AND ENTRIES perform such other duties as the court may
BOOK direct (Section 12, Rule 136).
The clerk shall keep:
(1) A judgment book containing a copy of X. IN THE ABSENCE OR BY DIRECTION
each judgment rendered by the court in OF JUDGE
order of its date; and (1) In the absence of the judge, the clerk may
(2) A book of entries of judgments containing perform all the duties of the judge in
at length in chronological order entries of receiving applications, petitions,
all final judgments or orders of the court inventories, reports, and the issuance of all
(Sec. 9, Rule 136). orders and notices that follow as a matter
of course under the Rules of Court.
VI. KEEPING AN EXECUTION BOOK (2) The clerk may also, when directed so to do
The clerk shall keep an execution book in by the judge, receive the accounts of
which he or his deputy shall record at length in executors, administrators, guardians,
chronological order each execution, and the trustees, and receivers, and all evidence
officer’s return thereon, by virtue of which real relating to them, or to the settlement of
property has been sold (Section 10, Rule 136). the estates of deceased persons, or to
guardianships, trusteeships, or
VII. CERTIFICATION OF COPIES receiverships, and forthwith transmit such
The clerk shall prepare, for any person reports, accounts, and evidence to the
demanding the same, a copy certified under judge, together with the findings in
the seal of the court of any paper, record, relation to the same, if the judge shall
order, judgment, or entry in his office, proper to direct him to make findings and include
be certified, for the fees prescribed by these the same in his report (Section 5, Rule 136).
rules (Section 11, Rule 136).
A.3. TAKING OF RECORDS FROM
VIII. INDEXING BOOKS AND CLERK’S OFFICE
SEPARATING CASES No record shall be taken from the clerk’s office
(1) The general docket, judgment book, without an order of the court except as
entries book and execution book shall otherwise provided by these rules.
each be indexed in alphabetical order in
the names of the parties, and each of However, the Solicitor General or any of his
them. assistants, the provincial fiscal or his deputy,
(2) If the court so directs, the clerk shall keep and the attorneys de oficio shall be permitted,
two or more of either or all of the books upon proper receipt, to withdraw from the
and dockets above mentioned, separating clerk’s office the record of any case in which
civil from criminal cases, or actions from they are interested (Section 14, Rule 136).
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C. PERSONS AUTHORIZED TO COLLECT party as a matter of course, but the court shall
LEGAL FEES have power, for special reasons, to adjudge:
Except as otherwise provided in Rule 141, the (1) That either party shall pay the costs of
following officers and persons, together with an action; or
their assistants and deputies, may demand, (2) That the same shall be divided between
receive, and take the several fees hereinafter them, as may be equitable.
mentioned and allowed for any business by No costs shall be allowed against the Republic
them respectively done by virtue of their of the Philippines, unless otherwise provided by
several offices, and no more: law(Section 1, Rule 142).
(1) Clerks of the Supreme Court, Court of
Appeals, Sandiganbayan and Court of Tax A.2. DISMISSED ACTION OR APPEAL
Appeals; If an action or appeal is dismissed for want of
(2) Clerks of Regional Trial Courts; jurisdiction or otherwise, the court nevertheless
(3) Clerks of first level courts; shall have the power to render judgment for
(4) Sheriffs, process servers and other costs, as justice may require (Sec. 2, Rule 142).
persons serving processes;
(5) Stenographers; A.3. FRIVOLOUS APPEAL
(6) Notaries; Where an action or an appeal is found to be
(7) Other officers taking depositions. frivolous, double, or treble costs may be
imposed on the plaintiff or appellant, which
All fees so collected shall be forthwith remitted shall be paid by his attorney, if so ordered by
to the Supreme Court. The persons herein the court (Section 3, Rule 142).
authorized to collect legal fees shall be
accountable officers and shall be required to A.4. FALSE ALLEGATIONS
post bond in such amount as prescribed by the An averment in a pleading made without
law (Section 3, Rule 141). reasonable cause and found untrue shall
subject the offending party to the payment of
It is not simply the filing of the complaint or such reasonable expenses as may have been
appropriate initiatory pleading but the necessarily incurred by the other party by
payment of the prescribed docket fee that reason of such untrue pleading. The amount of
vests a trial court with jurisdiction over the expenses so payable shall be fixed by the judge
subject matter or nature of the action. Where in the trial, and taxed as costs (Sec 4, Rule 142).
the filing of the initiatory pleading is not
accompanied by payment of the docket fee, the A.5. NON-APPEARANCE OF WITNESS
court may allow payment of the fee within a If a witness fails to appear at the time and
reasonable time but in no case beyond the place specified in the subpoena issued by any
applicable prescriptive or reglementary period inferior court, the costs of the warrant of arrest
[Sun Life Insurance v. Asuncion (1989)]. and of the arrest of the witness shall be paid by
the witness if the court shall determine that his
VIII. COSTS failure to answer the subpoena was willful or
without just excuse (Section 12, Rule 142).
A. RECOVERY OF COSTS(RULE 142)
A.1. PREVAILING PARTY
Unless otherwise provided in the Rules of
Court, costs shall be allowed to the prevailing