KOKO BAR LAST MINUTE LECTURE IN LEGAL AND JUDICIAL ETHICS

Atty. Judy A. Lardizabal

Legal Ethics - It is a branch of moral science which treats of the duties which an attorney owes
to the court, to his client, to his colleagues in the profession and to the public.

I. PRACTICE OF LAW

§ "Practice of law" means any activity, in or out of court, which requires the application of
law, legal procedure, knowledge, training and experience. To engage in the practice of law
is to perform acts which are usually performed by members of the legal profession.
Generally, to practice law is to render any kind of service which requires the use of legal
knowledge or skill. (Cayetano v. Monsod, G.R. No. 100113, 3 September 1991, 201 SCRA
210)

§ The practice of law is not limited to the conduct of cases or litigation in court; it embraces
the preparation of pleadings and other papers incident to actions and special proceedings,
the management of such actions and proceedings on behalf of clients before judges and
courts, and in addition, conveyancing. In general, all advice to clients, and all action taken
for them in matters connected with the law, incorporation services, assessment and
condemnation services contemplating an appearance before a judicial body, the
foreclosure of a mortgage, enforcement of a creditor's claim in bankruptcy and insolvency
proceedings, and conducting proceedings in attachment, and in matters of estate and
guardianship have been held to constitute law practice, as do the preparation and drafting
of legal instruments, where the work done involves the determination by the trained legal
mind of the legal effect of facts and conditions. (In Philippine Lawyers Association v.
Agrava, 105 Phil. 173, 1959)

§ Who may practice law. — Any person heretofore duly admitted as a member of the bar, or
hereafter admitted as such in accordance with the provisions of this rule, and who is in
good and regular standing, is entitled to practice law. (Section 1, Rule 138)

§ Requirements for all applicants for admission to the bar

1) a citizen of the Philippines,
2) at least twenty-one years of age,
3) of good moral character,
4) resident of the Philippines; and
5) must produce before the Supreme Court satisfactory evidence of good moral
character, and

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 6) that no charges against him, involving moral turpitude, have been filed or are pending
in any court in the Philippines. (Section 2, Rule 138)

§ Non-Lawyers who are authorized to appear in court

1) Before the MTC, a party may conduct his own litigation in person (Sec 4, Rule 138);
2) Before any court, a party may conduct his litigation personally. But if he gets someone
to aid him, that someone must be a member of the bar. He is bound by the same rules
in conducting the trial of the case. He cannot, after judgment, claim he was not
properly represented.
3) In a criminal case before the MTC, in a locality where a duly licensed member of the
bar is not available, the judge may appoint a non-lawyer which is a resident in the
province, of good repute for probity and ability to aid the accused in his defense
(Sec.7, Rule 116).
4) A law student who has completed all his third year subjects, who is enrolled in a
recognized law school’s clinical education programs approved by the SC may appear
before any court without any compensation to represent indigent clients accepted
by the Legal Clinic of the school. The student shall be under the direct supervision and
control of the IBP member duly accredited by the law school.
5) Under the Labor Code non-lawyers may appear before the NLRC or any Labor arbiter if
they:
a. represent themselves;
b. represent their organization or members thereof (Art 228, Labor Code).
6) A non-lawyer may represent a claimant before the Cadastral Court (Sec. 9, Act No.
2259).
7) Any person appointed to appear for the Government of the Philippines in accordance
with law (Sec.33, Rule 138).

§ Public Officials who cannot practice law in the Philippines:

1) Judges and other officials or employees of superior court;
2) Officials and employees of the Office of the Solicitor General;
3) Government Prosecutors;
4) President, Vice-President, members of the Cabinet, their deputies and assistants;
5) Chairman and members of the Constitutional Commissions;
6) Ombudsman and hid deputies;
7) Governors, city and municipal mayors;
8) Those who, by special law are prohibited from engaging in the practice of their legal
profession.

§ Public Officials with Restrictions in the Practice of Law:

1) Senators and Members of the House of Representatives;
2) Members of the Sanggunian;
3) Retired Justice or Judge;
4) Civil Service officers or employees without permit from their respective
department heads.

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § Restrictions in the Practice of Law of the Members of the Legislature
1) A lawyer who is a member of the legislature is only prohibited from personally
appearing as counsel before any court of justice, electoral tribunals or quasi-judicial
and administrative bodies.
2) The word “appearance” includes not only arguing a case before any such but also filing
a pleading on behalf of a client and simply filing a formal motion, plea or answer.
Neither can he allow his name to appear in such pleading by itself or as part of a firm
name under the signature of another qualified lawyer because the signature of an
agent amounts to signing of a non-qualified senator or congressman, the office of an
attorney being originally of agency and because he will by such act be appearing in
court or quasi-judicial or administrative body in violation of the constitutional
restriction. He cannot do indirectly what the Constitution prohibits.

II. RIGHT TO PRACTICE LAW IS A PRIVILEGE

§ The right to practice law is not a natural or constitutional right but is a privilege. It is
limited to persons of good moral character with special qualifications duly ascertained and
certified. The exercise of this privilege presupposes possession of integrity, legal
knowledge, educational attainment, and even public trust since a lawyer is an officer of the
court. (In the Matter of the Petition for Authority to Continue Use of the Firm Name
Ozaeta, Romulo, etc., 30 July 1979)

§ Before one is admitted to the Philippine Bar, he must possess the requisite moral integrity
for membership in the legal profession. Possession of moral integrity is of greater
importance than possession of legal learning. The practice of law is a privilege bestowed
only on the morally fit. A bar candidate who is morally unfit cannot practice law even if he
passes the bar examinations. (Aguirre vs. Rana, BM 1036, June 10, 2003, En Banc)

§ A bar candidate does not acquire the right to practice law simply by passing the bar
examinations. The practice of law is a privilege that can be withheld even from one who
has passed the bar examinations, if the person seeking admission had practiced law
without a license. (Ui v. Bonifacio, Administrative Case No. 3319, 8 June 2000)

§ A candidate who passed the bar examinations but had not taken his oath and signed the
Roll of Attorneys is not authorized to practice law. He was held in contempt of court for
practicing law even before his admission to the Bar. Under Section 3 (e) of Rule 71 of the
Rules of Court, a person who engages in the unauthorized practice of law is liable for
indirect contempt of court. (Beltran, Jr. v. Abad, BM 139, March 28, 1983)

III. PRACTICE OF LAW IS A PROFESSION AND NOT A BUSINESS

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § Profession as "a group of men pursuing a learned art as a common calling in the spirit of
public service, — no less a public service because it may incidentally be a means of
livelihood." (Dean Pound, The Lawyer from Antiquity to Modern Times)

§ Practice of law is a profession and not a business. Lawyering is not primarily meant to be a
money-making venture, and law advocacy is not a capital that necessarily yields profits.

§ The gaining of a livelihood is not a professional but a secondary consideration.

§ Duty to public service and to the administration of justice should be the primary
consideration of lawyers, who must subordinate their personal interests or what they owe
to themselves.

§ The practice of law is a noble calling in which emolument is a by-product, and the highest
eminence may be attained without making much money. (Burbe v. Magulta, AC No. 99-
634, June 10, 2002)

§ Primary characteristics which distinguish the legal profession from business are:
1) A duty of public service, of which the emolument is a by-product, and in which one
may attain the highest eminence without making much money.
2) A relation as an “officer of court” to the administration of justice involving thorough
sincerity, integrity, and reliability.
3) A relation to clients in the highest degree fiduciary.
4) A relation to colleagues at the bar characterized by candor, fairness, and unwillingness
to resort to current business methods of advertising and encroachment on their
practice, or dealing directly with their clients. (In the Matter of the Petition for
Authority to Continue Use of the Firm Name Ozaeta, Romulo, etc., 30 July 1979)

IV. PROHIBITED ADVERTISEMENT

§ The gravity of respondent’s acts is that in advertising himself (in several newspapers) as a
self-styled "Annulment of Marriage Specialist," he wittingly or unwittingly erodes and
undermines not only the stability but also the sanctity of an institution still considered
sacrosanct despite the contemporary climate of permissiveness in our society. Indeed, in
assuring prospective clients that an annulment may be obtained in four to six months from
the time of the filing of the case, he in fact encourages people, who might have otherwise
been disinclined and would have refrained from dissolving their marriage bonds, to do so.
(Khan v. Simbillo, A.C. No. 5299, August 19, 2003)

§ Solicitation of legal business is not altogether proscribed. However, for solicitation to be

proper, it must be compatible with the dignity of the legal profession. If it is made in a
modest and decorous manner, it would bring no injury to the lawyer and to the bar.

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § The use of simple signs stating the name or names of the lawyers, the office and residence
address and fields of practice, as well as advertisement in legal periodicals bearing the
same brief data, are permissible. Even the use of calling cards is now acceptable.
Publication in reputable law lists, in a manner consistent with the standards of conduct
imposed by the canon, of brief biographical and informative data is likewise allowable.
(Khan v. Simbillo, A.C. No. 5299, August 19, 2003)

§ Such data must not be misleading and may include only a statement of the lawyer’s name
and the names of his professional associates; addresses, telephone numbers, cable
addresses; branches of law practiced; date and place of birth and admission to the bar;
schools attended with dates of graduation, degrees and other educational distinctions;
public or quasi-public offices; posts of honor; legal authorships; legal teaching positions;
membership and offices in bar associations and committees thereof, in legal and scientific
societies and legal fraternities; the fact of listings in other reputable law lists; the names
and addresses of references; and, with their written consent, the names of clients regularly
represented. (Ulep v. The Legal Clinic, Bar Matter No. 553, 17 June 1993)

V. LAWYER’S OATH (please memorize)

§ I,_________________, do solemnly swear that I will maintain allegiance to the Republic of

the Philippines;
- I will support its Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein;
- I will do no falsehood, nor consent to the doing of any in court;
- I will not wittingly or willingly promote or sue any groundless, false or unlawful suit,
nor give aid nor consent to the same.
- I will delay no man for money or malice,
- and will conduct myself as a lawyer according to the best of my knowledge and
discretion
- with all good fidelity as well to the courts as to my clients;
- and I impose upon myself this voluntary obligation without any mental reservation or
purpose of evasion. So help me God.

§ The Lawyer's Oath enjoins every lawyer not only to obey the laws of the land but also to
refrain from doing any falsehood in or out of court or from consenting to the doing of any
in court, and to conduct himself according to the best of his knowledge and discretion with
all good fidelity to the courts as well as to his clients.

§ Every lawyer is a servant of the law, and has to observe and maintain the rule of law, as
well as be an exemplar worthy of emulation by others.

VI. CODE OF PROFESSIONAL RESPONSIBILITY

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § In line with the letter and spirit of the Lawyer's Oath, the Court has adopted and instituted
the Code of Professional Responsibility (CPR) to govern every lawyer's relationship with his
profession, the courts, the society, and his clients. (Jimeno Jr. v. Jimeno, A.C. No. 12012,
July 02, 2018)

§ Lawyers are expected to maintain at all times a high standard of legal proficiency and of
morality – which includes honesty, integrity and fair dealing.

§ They must perform their four-fold duty to society, the legal profession, the courts and their
clients in accordance with the values and norms of the legal profession, as embodied in the
Code of Professional Responsibility. Any conduct found wanting in these considerations,
whether in their professional or private capacity, shall subject them to disciplinary action.

§ If much is demanded from an attorney, it is because the entrusted privilege to practice law
carries with it the correlative duties not only to the client but also to the court, to the bar,
and to the public. A lawyer who performs his duty with diligence and candor not only
protects the interest of his client; he also serves the ends of justice, does honor to the bar,
and helps maintain the respect of the community to the legal profession. (Sps. Aranda v.
Elayda, A.C. No. 7907, December 15, 2010)

DUTY TO SOCIETY – CANONS 1-6

Canon 1 - Uphold the Constitution and obey the law and legal processes
- not engage in unlawful, immoral, deceitful conduct
- not to counsel or abet activities aimed at defiance of law or lessening confidence in the
legal system
- not to encourage lawsuits or delay any man’s cause
- encourage amicable settlement

§ A lawyer's duty, is not to his client but primarily to the administration of justice. To that
end, his client's success is wholly subordinate. His conduct ought to, and must always, be
scrupulously observant of the law and ethics. Any means, not honourable, fair and honest
which is resorted to by the lawyer, even in the pursuit of his devotion to his client's cause,
is condemnable and unethical. (Alpajora v. Calayan, A.C. No. 8208, January 10, 2018)

§ DUTIES OF ATTORNEYS:
1) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
2) To observe and maintain the respect due to the courts of justice and judicial officers;
3) To counsel or maintain such actions or proceedings only as appear to him as just, and
such defenses only as he believes to be honestly debatable under the laws;
4) To employ, for the purpose of maintaining the causes confided to him, such means
only as are consistent with truth and honor, and never seek to mislead the judge or
any judicial officer by an artifice or false statement of fact or law;

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 5) To maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with his client’s
business except from him or with his knowledge and approval;
6) To abstain from all offensive personality and to advance no fact prejudicial to the
honor or reputation of a party or witness, unless required by the justice of the cause
with which he is charged;
7) Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man’s cause for any corrupt motive or interest;
8) Never to reject, for any consideration personal to himself, the cause of the defenseless
or oppressed;
9) In the defense of a person accused of a crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person may be deprived of life or
liberty, but by due process of law.

Canon 2 - Make his services available in efficient & convenient manner compatible with
independence, integrity and effectiveness of the profession
- not reject the cause of defenseless/oppressed except for valid reasons
- provide legal advice to safeguard rights even if case is not accepted
- shall not do act aimed primarily to solicit legal business
- shall not charge lower rates to attract business

CANON 3 – Use only true, honest, fair, dignified and objective information in making known
his legal services
- not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-
laudatory or unfair statement or claim regarding his qualifications or legal services.
- Firm Name - no false, misleading or assumed name shall be used. Continued use of the
name of a deceased partner is permissible provided that the firm indicates in all its
communications that said partner is deceased.
- If a partner accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name UNLESS the law allows him to practice law currently.
- Shall not pay mass media for publicity to attract legal business.

§ Unprofessional acts:
1) Volunteering advice to bring lawsuit, except in rare cases where ties of blood,
relationship, or trust.
2) Hunting up defects in titles or other causes of action.
3) Seeking out claims for personal injuries or those having any other grounds of action to
secure them as clients.
4) Initiating a meeting of the members of a club and inducing them to organize and
contest legislation under his guidance.
5) Purchasing notes to collect them by litigation at a profit.

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § Barratry – offense of frequently exciting and stirring up quarrels and suits, either at law or
otherwise; Lawyer’s act of fomenting suits among individuals and offering his legal services
to one of them.

§ Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the
said victims (or relatives) and offering his legal services for the filing of a case against the
person/s who caused the accident/s; Solicitation of legal business by laymen employed by
an attorney for the purpose or by the attorney himself.

CANON 4 – Shall participate in development of legal system by initiating/ supporting efforts

in law reform and in improvement of administration of justice.

CANON 5 – Shall keep abreast of legal developments, participate in continuing legal

education programs, support efforts to achieve high standards in law schools as
well as in disseminating the law and jurisprudence.

§ MCLE, Bar Matter No. 850, October 2, 2001 -To ensure that throughout their career, they
keep abreast with law and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law.

§ MCLE Exempt --
1) The President, Vice-President, and the Secretaries and Undersecretaries of executive
departments; Senators and Members of the House of Representatives;
2) The Chief Justice and Associate Justices of the SC, incumbent and retired justices of the
judiciary, incumbent members of the Judicial and Bar Council and incumbent court
lawyers covered by the Philippine Judicial Academy Program of continuing legal
education;
3) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the
Department of Justice;
4) The Solicitor-General and the Assistant Solicitor-General; The Government
Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
5) The Chairman and Members of the Constitutional Commissions; The Ombudsman, the
Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of
the Office of the Ombudsman;
6) Heads of government agencies exercising quasi-judicial functions;
7) Incumbent deans, bar reviewers and professors of law who have teaching experience
for at least 10 years in accredited law schools;
8) The Chancellor, Vice-Chancellor and members of the Corps of Professional Lecturers

§ BM 1992, Jan. 14, 2014 - Amended the June 3, 2008 resolution by repealing the phrase
"Failure to disclose the required information would cause the dismissal of the case and the
expunction of the pleadings from the records" and replacing it with "Failure to disclose the
required information would subject the counsel to appropriate penalty and disciplinary
action”

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 1) The lawyer shall be imposed a fine of P2,000.00 for the first offense, P3,000.00 for the
second offense and P4,000.00 for the third offense;
2) In addition to the fine, counsel may be listed as a delinquent member of the Bar
pursuant to Section 2, Rule 13 of Bar Matter No. 850 and its implementing rules
and regulations; and
3) The non-compliant lawyer shall be discharged from the case and the client/s shall be
allowed to secure the services of a new counsel with the concomitant right to demand
the return of fees already paid to the non-compliant lawyer.

CANON 6 – Canons shall apply to government lawyers in discharge of their tasks

- Primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done.
- Shall not suppress facts or conceal witnesses capable of establishing the innocence
- government lawyer shall not use his public position to promote or advance his private
interests, nor allow the latter to interfere with his public duties.
- After leaving government service, shall not accept engagement or employment in
connection with any matter in which he had intervened while in said service.

§ Terrel was found guilty of malpractice or gross misconduct for assisting in the
establishment and acting as counsel for the Centro Bellas Artes Club, an organization
intending to evade the practice of law. (In Re Terrel [1903])

DUTY TO LEGAL PROFESSION – CANONS 7-9

CANON 7 - Uphold the integrity of profession and support IBP activities

- no false statement in his application for admission to the bar
- conduct himself ethically and morally whether in public or private life

CANON 8 - Conduct himself with courtesy, fairness, and candor toward other lawyers, and
shall avoid harassing tactics
- not use offensive, abusive, improper language in professional dealings
- not encroach upon business of another

CANON 9 - Shall not assist in unauthorized practice of law

- not delegate practice of law to non-lawyer
- not agree to divide legal fees with unauthorized to practice law except 1)agreement to pay
to the estate of deceased partner for a certain period or 2)lawyer undertakes to complete
unfinished legal business of deceased partner or 3)payment for retirement plan which may
include non-lawyer

DUTY TO COURTS – CANONS 10-13

CANON 10 - Lawyer owes candor, fairness and good faith to the Court;
-should be candid and truthful to the court;
-shall do no falsehood;

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 -should not misquote nor misrepresent
-shall not misuse rules of procedure;

CANON 11 - Lawyer shall observe and maintain the respect due to the courts and to judicial
officers and should insist on similar conduct by others;
- come to court in proper attire
- be punctual in hearings
- abstain from offensive language and behaviour
- shall not attribute to a Judge motives not supported by the record or have no materiality
to the case
- submit grievance against Judge to proper authorities

§ All lawyers are bound to uphold the dignity and authority of the courts, and to promote
confidence in the fair administration of justice.

§ It is the respect for the courts that guarantees the stability of the judicial institution;
elsewise, the institution would be resting on a very shaky foundation.

§ No matter how passionate a lawyer is towards defending his client's cause, he must not
forget to display the appropriate decorum expected of him, being a member of the legal
profession, and to continue to afford proper and utmost respect due to the courts.

§ Candidness, especially towards the courts, is essential for the expeditious administration of
justice. Courts are entitled to expect only complete candor and honesty from the lawyers
appearing and pleading before them. A lawyer, on the other hand, has the fundamental
duty to satisfy that expectation. Otherwise, the administration of justice would gravely
suffer if indeed it could proceed at all. (Alpajora v. Calayan, A.C. No. 8208, January 10,
2018)

§ In his motion, the lawyer stated: The judgment is an “abhorrent nullity”, “legal
monstrosity”, “horrendous mistake”, “horrible error”, “an insult to the judiciary”, and “an
anachronism in the judicial process”. The language exceeded the vigor required of a lawyer
to defend ably his client’s cause warranting suspension. (Judge Ubaldino Larucon vs. Atty.
Ellis Jacoba, A.C. No. 5921, March 10, 2006)

§ A lawyer’s right to free expression may have been more limited than that of a layman. A
lawyer, acting in a professional capacity, may have fewer rights of free speech than would
a private citizen. Neither the right of free speech nor the right to engage in political
activities be construed or extended as to permit any such liberties to a member of the Bar.
A layman may, perhaps, pursue his theories of free speech or political activities until he
runs afoul of the penalties of libel or slander, or into some infraction of the statutory law. A
member of the bar can, and will, be stopped at the point where he infringes the Canons of
Ethics, and if he wishes to remain a member of the bar, he will conduct himself in

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 accordance therewith. (Zaldivar vs. SB, G.R. Nos. 79690-707; Zaldivar vs. Gonzales, G.R. No.
80578, Oct. 7, 1988)

§ Like any other right, the right of a lawyer to comment on or criticize the decision of a judge
or his actuation is not unlimited. “It is the cardinal condition of all such criticism that it shall
be bona fide, and shall not spell over the walls of decency and propriety. A wide chasm
exists between fair criticism, on the other hand, and abuse and slander of courts and
judges on the other”. A publication in or outside of court tending to impede, obstruct,
embarrass or influence the courts in administering justice in pending suit, or to degrade
the courts, destroy public confidence in them or bring them in any way into disrepute,
whether or not there is a pending litigation, transcends the limits of fair comment. Such
publication or intemperate and unfair criticism is a gross violation of the lawyer’s duty to
respect the courts. It is a misconduct that subjects to disciplinary action. (In re Almacen, 31
SCRA 562; In Re Gomez, 43 Phil. 376).

CANON 12 – Lawyer shall exert every effort to assist in speedy and efficient administration of
justice
- appear for trial adequately prepared with facts, law and evidence
- shall not file multiple actions from the same cause.
- submit within extended period requested or offer explanation
- not unduly delay a case, impede execution or misuse processes.
- not talk to witness under examination during a break or recess
- not assist witness to misrepresent or impersonate another.
- not harass a witness or needlessly inconvenience him.
- avoid testifying in behalf of his client, except: (a) on formal matters, such as the mailing,
authentication or custody of an instrument, and the like; or (b) on substantial matters, in
cases where his testimony is essential to the ends of justice, but must entrust the trial to
another counsel.

§ While lawyers owe their entire devotion to the interest of their clients’ right, they should
not forget that they are, first and foremost, officers of the court, bound to exert every
effort to assist in the speedy and efficient administration of justice. In this case, a lawyer
was suspended due to forum shopping. (Forunda vs. Atty. Arnold Guerrero, 480 SCRA 201,
2006)

§ The filing of multiple petitions constitutes abuse of court processes which degrades the
administration of justice, wreaks havoc upon orderly judicial procedure and adds to the
congestion of the heavily burdened dockets of the courts. (Huibona vs. Concepcion, et al.,
G.R. No. 153785, August 31, 2006)

CANON 13 – Rely upon merits of his cause; not perform an act which tends to influence or
gives appearance of influencing the court
- not extend attention/hospitality intended to cultivate familiarity with Judges.

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 - not make public statements in the media regarding a pending case tending to arouse
public opinion for or against a party.
- not invite interference by another government office in court case

§ "A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system." Further, "a lawyer shall not state or imply that he is able to
influence any public official, tribunal or legislative body." By implying that he can negotiate
a favorable ruling for the sum of ₱8,000.00, respondent trampled upon the integrity of the
judicial system and eroded confidence on the judiciary. This gross disrespect of the judicial
system shows that he is wanting in moral fiber and betrays the lack of integrity in his
character. The practice of law is a privilege, and respondent has repeatedly shown that he
is unfit to exercise it. (Plumptre v Rivera, AC 11350, August 9, 2016)

DUTY TO CLIENT – CANONS 14-22

CANON 14 – Shall not refuse services to needy
- not decline to represent solely on account of the latter's race, sex. creed or status of life, or
own opinion regarding the guilt
- not decline, except for serious and sufficient cause, an appointment as counsel de officio
or as amicus curiae, or request from IBP for free legal aid.
- not refuse to accept representation of an indigent client EXCEPT:
(a) he cannot carry out the work effectively or competently;
(b) he labors under a conflict of interest.
- observe the same standard of conduct in his relations with paying and indigent clients.

CANON 15 – Observe candor, fairness and loyalty in his dealings with client
- ascertain asap whether the matter would involve a conflict of interest, and if so,
immediately inform the prospective client.
- Observe privilege communication on matters disclosed to him by a prospective client.
- not represent conflicting interests EXCEPT by written consent of all concerned given after a
full disclosure of the facts.
- Act as mediator, conciliator or arbitrator in settling disputes with written consent of all
concerned.
- Be honest in rendering opinion on merits of client’s case
- Not state or imply capacity to influence any public official, tribunal or legislative body.
- Impress upon his client compliance with the laws & fairness
- If engaged in another profession or occupation concurrently with the practice of law shall
make clear to his client whether he is acting as a lawyer or in another capacity.

CANON 16 – Shall hold in trust client’s money and properties

- account for all money or property received for or from the client.
- keep the funds of each client separate from his own and other client
- deliver the funds and property of his client when due or upon demand. However, he shall
have a LIEN over the funds and may apply so much thereof as may be necessary to satisfy
his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 also have a lien to the same extent on all judgments and executions he has secured for his
client as provided for in the Rules of Court.
- shall not borrow money from his client unless the client's interest are fully protected by
the nature of the case or by independent advice.
- shall not lend money to a client except, when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client.

§ A lawyer was suspended for having appropriated the rental deposits for his client in an
ejectment suit. (Almendrez vs. Atty. Minervo Langit, A.C. No. 7057, July 25, 2006)

§ Charging Lien – is the right which the attorney has upon all judgments for the payment of
money and executions in pursuance of such judgments, obtained in favour of the client to
secure reimbursement for advances made and payment of attorney’s fees.

§ Lawyer’s are bound to promptly account for money received by them on behalf of their
clients and failure to do so constitutes professional misconduct. The fact that a lawyer has
a lien for fees on money in his hands collected for his clients does not relieve him from the
duty of promptly accounting for the funds received.

§ A counsel’s claim for attorney’s fees may be asserted either in the very action in which the
services in question have been rendered, or in a separate action. If the first alternative is
chosen, the court may pass upon such claim even if its amount were less than the
minimum prescribed by law for jurisdiction of said court. (Quirante v. IAC, GR 73886,
January 31, 1989)

§ Attorney’s fees as contract and as award for damages – In ordinary concept, attorney’s fee
is the reasonable compensation paid to lawyer by his client for legal services he has
rendered. In its extraordinary concept, an attorney’s fee is an indemnity for damages
ordered by the court to be paid by the losing party in litigation based on Article 2208 of the
Civil Code. It is payable not to the lawyer but to the client unless there is an agreement
that it will be additional compensation of the lawyer. (Trader’s Royal Bank Employees
Union v NLRC, GR 120592, March 14, 1997)

§ Champerty is a bargain by a lawyer with a client, by which he undertakes to carry on the

litigation at his own expense and risk in consideration of receiving, if successful, a part of
the proceeds or subject sought to be recovered. It is a bargain to divide proceeds of
litigation between the owner of litigated claim and a party supporting or enforcing the
litigation.

§ Champertous contract is obnoxious to the law. The rule of the profession forbids a lawyer
from contracting with his client for part of the thing in litigation in exchange for conducting
the case at lawyer’s expense. This violates duty of undivided fidelity to client’s cause since
lawyer acquires additional stake in the outcome of the action.

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § Champertous contract is different from a contingent fee contract because in the latter
case, the lawyer gets reimbursed for any advances made for the client in the course of
representation, whether he wins the suit or not, only the amount of attorney’s fee is
contingent upon winning.

§ Retainer’s fee – is a preliminary fee paid to ensure and secure a lawyer’s future services, to
remunerate him for being deprived, by being retained by one party, of rendering services
to the other party and of receiving pay from him. It is neither made nor received in
consideration of services, and is apart from the fees for services which he has been
retained to perform unless agreed otherwise. (Research and Services Realty Inc v CA, GR
124074, January 27, 1997)

CANON 17 – Owes fidelity to the cause of his client and mindful of the trust and
confidence reposed in him.

CANON 18 – Serve client with competence and diligence.

- Not to undertake a legal service which he knows or should know that he is not qualified to
render. Unless, with client’s consent he can obtain a competent collaborating counsel.
- Not handle any legal matter without adequate preparation.
- Not neglect a legal matter entrusted to him, shall be liable for negligence.
- Keep the client informed of the status and respond within a reasonable time to the client's
request for information.

CANON 19 – Represent client with zeal and within the bounds of law
- Employ only fair and honest means to attain the lawful
- Not present/ threaten to present unfounded criminal charges to obtain an improper
advantage in any case or proceeding
- If he learned that client has perpetrated a fraud upon a person or tribunal during his
representation, he shall ask client to rectify the same, and failing which he shall terminate the
relationship with such client in accordance with the Rules of Court.
- Not allow client to dictate the procedure in handling the case.

§ The relationship between a lawyer and a client is "imbued with utmost trust and
confidence." Lawyers are expected to exercise the necessary diligence and competence in
managing cases entrusted to them.

§ They commit not only to review cases or give legal advice, but also to represent their
clients to the best of their ability without need to be reminded by either the client or the
court. The expectation to maintain a high degree of legal proficiency and attention
remains the same whether the represented party is a high-paying client or an indigent
litigant.

§ A lawyer’s negligence in fulfilling his duties subjects him to disciplinary action. While such
negligence or carelessness is incapable of exact formulation, the Court has consistently

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 held that the lawyer’s mere failure to perform the obligations due his client is per se a
violation. (Ramirez v. Margallo, A.C. No. 10537, February 3, 2015)

CANON 20 – Shall charge only fair and reasonable fees

- Factors in determining amount of fees:
1) the time spent and the extent of the service rendered or required;
2) the novelty and difficulty of the questions involved;
3) The importance of the subject matter;
4) The skill demanded;
5) The probability of losing other employment as a result of acceptance of the proffered
case;
6) The customary charges for similar services and the schedule of fees of the IBP chapter
to which he belongs;
7) The amount involved in the controversy and the benefits resulting to the client from
the service;
8) The contingency or certainty of compensation;
9) The character of the employment, whether occasional or established; and
10) The professional standing of the lawyer.
- Entitled to a division of fees in proportion to the work performed and responsibility
assumed in case of referral with client’s consent
- Shall not receive from anyone other than his client fees related to his professional
employment UNLESS with knowledge & consent of client
- Avoid controversies with clients concerning his compensation and shall resort to judicial
action only to prevent imposition, injustice or fraud.

CANON 21 – Shall preserve confidence and secrets of client even after termination of
attorney-client relation
- Confidential information shall not be revealed EXCEPT;
1) When authorized by the client after acquainting him of the consequences of the
disclosure;
2) When required by law;
3) When necessary to collect his fees or to defend himself, his employees or associates or
by judicial action.
- Not to use obtained information to the disadvantage of client or for his own advantage or
that of a third person unless the client with full knowledge of the circumstances consents
thereto.
- Shall not give information from his files to an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose
without client’s written consent
- May disclose the affairs of a client to partners or associates of firm unless prohibited by
the client.
- Adopt measures to ensure observance of confidentiality by those whose services are
utilized by him
-avoid indiscreet conversation about a client's affairs even with members of his family.

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 -Not reveal that he has been consulted about a particular case except to avoid possible
conflict of interest.

§ A lawyer shall not represent conflicting interests except by written consent of all
concerned given after a full disclosure of the facts." "The relationship between a lawyer
and his/her client should ideally be imbued with the highest level of trust and confidence.
This is the standard of confidentiality that must prevail to promote a full disclosure of the
client’s most confidential information to his/her lawyer for an unhampered exchange of
information between them. (Jimenez v. Francisco, A.C. No. 10548, December 10, 2014)

§ CONFLICT OF INTEREST, Tests: There is conflict of interest when a lawyer represents

inconsistent interests of two or more opposing parties. The test is “whether or not in
behalf of one client, it is the lawyer’s duty to fight for an issue or claim, but it is his duty to
oppose it for the other client. In brief, if he argues for one client, this argument will be
opposed by him when he argues for the other client.” This rule covers not only cases in
which confidential communications have been confided, but also those in which no
confidence has been bestowed or will be used.
1) Also, there is conflict of interests if the acceptance of the new retainer will require the
attorney to perform an act which will injuriously affect his first client in any matter in
which he represents him and also whether he will be called upon in his new relation to
use against his first client any knowledge acquired through their connection.
2) Another test of the inconsistency of interests is whether the acceptance of a new
relation will prevent an attorney from the full discharge of his duty of undivided fidelity
and loyalty to his client or invite suspicion of unfaithfulness or double dealing in the
performance thereof. (Samson v. Atty. Era, A.C. No. 6664, July 16, 2013, 701 SCRA 241,
252)

CANON 22 – Withdraw his services only for good cause and upon notice appropriate in the
circumstances
- Good cause for withdrawal of appearance:
1) When the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling;
2) When the client insists that the lawyer pursue conduct violative of these canons and
rules;
3) When his inability to work with co-counsel will not promote the best interest of the
client;
4) When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
5) When the client deliberately fails to pay the fees for the services or fails to comply
with the retainer agreement;
6) When the lawyer is elected or appointed to public office; and
7) Other similar cases.

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 – Upon withdrawal, return all papers and property to which the client is entitled subject
retainer lien, and be cooperative with his successor in the orderly transfer of the matter,
including all information necessary for the proper handling of the matter.

VII. DISBARMENT/SUSPENSION

§ A member of the bar may be disbarred or suspended from his office as attorney by the
Supreme Court. (Rule 138 Section 27)

§ Court of Appeals or Regional Trial Court may suspend an attorney from practice and other
disciplinary sanctions but not disbarment. Their order of suspension is subject to
automatic review by the Supreme Court, which may be revoke, shorten, or extend the
suspension or even disbar the lawyer. (Rule 138-B Section 16 of the Revised Rules of Court)

§ Under Section 27, Rule 138 of the Revised Rules of Court, a member of the Bar may be
disbarred or suspended on any of the following grounds:
1) deceit;
2) malpractice or other gross misconduct in office;
3) grossly immoral conduct;
4) conviction of a crime involving moral turpitude;
5) violation of the lawyer's oath;
6) willful disobedience of any lawful order of a superior court; and
7) willful appearance as an attorney for a party without authority.

§ The appropriate penalty on an errant lawyer depends on the exercise of sound judicial
discretion based on the surrounding facts.

§ While the term moral turpitude does not have one specific definition that lends itself to
easy and ready application⁠, it has been defined as an act of baseness, vileness, or the
depravity in the performance of private and social duties that man owes to his fellow man
or to society in general.⁠

§ Jurisprudence has categorized the following acts as crimes involving moral turpitude:
abduction with consent, bigamy, concubinage, smuggling, rape, attempted bribery,
profiteering, robbery, murder, estafa, theft, illicit sexual relations with a fellow worker,
violation of Batas Pambansa Blg. 22, intriguing against honor, violation of the Anti-Fencing
Law, violation of the Dangerous Drugs Act, perjury, forgery, direct bribery, frustrated
homicide, adultery, arson, evasion of income tax, barratry, blackmail, bribery, duelling,
embezzlement, extortion, forgery, libel, making fraudulent proof of loss on insurance
contract, mutilation of public records, fabrication of evidence, offenses against pension
laws, perjury, seduction under the promise of marriage, estafa, falsification of public
document, and estafa thru falsification of public document. To our mind, malversation –
considering its nature – should not be categorized any differently from the above listed
crimes. The act of embezzling public funds or property is immoral in itself; it is a conduct

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 clearly contrary to the accepted standards of justice, honesty, and good morals.⁠ (OFFICE OF
THE COURT ADMINISTRATOR, COMPLAINANT, VS. PRESIDING JUDGE JOSEPH CEDRICK O.
RUIZ, REGIONAL TRIAL COURT, BRANCH 61, MAKATI CITY)

§ Immoral Conduct: Conduct which is willful, flagrant, or shameless and which shows a moral
indifference to the opinion of the good and respectable members of the community.

§ Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or
so unprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL,
FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of
respectable members of the community.

§ IBP Resolution is only recommendatory - Only this court (Supreme Court) can impose
sanctions on members of the Bar. This disciplinary authority is granted by the Constitution
and cannot be relinquished by this court. The Resolutions of the Integrated Bar of the
Philippines are, at best, recommendatory, and its findings and recommendations should
not be equated with Decisions and Resolutions rendered by this court.

§ It is this court (Supreme Court) that has the constitutionally mandated duty to discipline
lawyers. Under the current rules, the duty to assist fact finding can be delegated to the
Integrated Bar of the Philippines. The findings of the Integrated Bar, however, can only be
recommendatory, consistent with the constitutional powers of this court. (Bernardino v
Santos, A.C. No. 10583, February 18, 2015)

§ Disciplinary proceedings against lawyers are designed to ensure that whoever is granted
the privilege to practice law in this country should remain faithful to the Lawyer's Oath.
Only thereby can lawyers preserve their fitness to remain as members of the Law
Profession. Any resort to falsehood or deception x x x evinces an unworthiness to continue
enjoying the privilege to practice law and highlights the unfitness to remain a member of
the Law Profession. It deserves for the guilty lawyer stern disciplinary sanctions. (Samonte
v. Abellana, 736 Phil. 718, 2014)

§ In pari delicto rule is inapplicable - The purpose of a proceeding for disbarment is to

protect the administration of justice by requiring that those who exercise this important
function be competent, honorable and reliable. It is immaterial that the complainant is in
pari delicto because the purpose of disbarment proceedings is to purge the law profession
of unworthy members. (Zaguirre vs. Castillo, A.C. No. 4921. March 6, 2003)

§ A member of the Bar may be penalized, even disbarred or suspended from his office as an
attorney, for violating of the lawyer’s oath and/or for breaching the ethics of the legal
profession as embodied in the Code of Professional Responsibility, for the practice of law is
a profession, a form of public trust, the performance of which is entrusted to those who
are qualified and who possess good moral character.

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § Membership in the legal profession is bestowed upon individuals who are not only learned
in law, but also known to possess good moral character. Lawyers should act and comport
themselves with honesty and integrity in a manner beyond reproach, in order to promote
the public’s faith in the legal profession.

§ Covers even acts in private capacity - A lawyer may be disbarred or suspended for
misconduct, whether in his professional or private capacity, which shows him to be
wanting in moral character, honesty, probity and good demeanor, or unworthy to continue
as an officer of the court.

§ Lawyer enjoys presumption of innocence; Preponderance of evidence - In suspension or

disbarment proceedings, lawyers enjoy the presumption of innocence, and the burden of
proof rests upon the complainant to clearly prove the allegations in the complaint by
preponderant evidence. Preponderance of evidence means that the evidence adduced by
one side is, as a whole, superior to or has greater weight than that of the other. It means
evidence which is more convincing to the court as worthy of belief than that which is
offered in opposition thereto. (Jimenez v. Francisco, A.C. No. 10548, December 10, 2014)

§ The defense of prescription does not lie in administrative proceedings against lawyers.
(Frias v. Bautista Lozada, A.C. No. 6656, May 4, 2006)

§ Disbarment may proceed even after desistance - Respondent's assertion that the instant
disbarment case should be dismissed, in view of the return of the full amount to
complainant and the latter's withdrawal of the complaint against her is specious. Such are
not ample grounds to completely exonerate the administrative liability of respondent. It is
settled that a case of suspension or disbarment may proceed regardless of interest or lack
of interest of the complainant, the latter not being a direct party to the case, but a witness
who brought the matter to the attention of the Court. A proceeding for suspension or
disbarment is not a civil action where the complainant is a plaintiff and the respondent-
lawyer is a defendant.

§ Sui generis - Disciplinary proceedings involve no private interest and afford no redress for
private grievance. They are undertaken and prosecuted solely for the public welfare, and
for the purpose of preserving courts of justice from the official ministration of persons
unfit to practice. The attorney is called to answer to the court for his conduct as an officer
of the court. "The complainant or the person who called the attention of the court to the
attorney's alleged misconduct x x x has generally no interest in the outcome except as all
good citizens may have in the proper administration of justice." The real question for
determination in these proceedings is whether or not the attorney is still a fit person to be
allowed the privileges of a member of the bar. (Isalos v Cristal, AC 11822, November 22,
2017)

VIII. REINSTATEMENT

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § "Membership in the Bar is a privilege burdened with conditions. It is not a natural, absolute
or constitutional right granted to everyone who demands it, but rather, a special privilege
granted and continued only to those who demonstrate special fitness in intellectual
attainment and in moral character. The same reasoning applies to reinstatement of a
disbarred lawyer.

§ When exercising its inherent power to grant reinstatement, the Court should see to it that
only those who establish their present moral fitness and knowledge of the law will be
readmitted to the Bar. Thus, though the doors to the practice of law are never
permanently closed on a disbarred attorney, the Court owes a duty to the legal profession
as well as to the general public to ensure that if the doors are opened, it is done so only as
a matter of justice.

§ The basic inquiry in a petition for reinstatement to the practice of law is whether the
Lawyer has sufficiently rehabilitated himself or herself in conduct and character.
Whether the applicant shall be reinstated in the Roll of Attorneys rests to a great extent on
the sound discretion of the Court.

§ Clear and convincing evidence of reformation - The lawyer has to demonstrate and prove
by clear and convincing evidence that he or she is again worthy of membership in the Bar.
The Court will take into consideration his or her character and standing prior to the
disbarment, the nature and character of the charge/s for which he or she was disbarred,
his or her conduct subsequent to the disbarment, and the time that has elapsed in
between the disbarment and the application for reinstatement.

§ In considering a lawyer's application for reinstatement to the practice of law, the duty of
the Court is to determine whether he has established moral reformation and
rehabilitation, disregarding its feeling of sympathy or pity. (Re: In the matter of the Petition
for Reinstatement of Rolando S. Torres as a Member of the Philippine Bar, A.C. No. 5161,
August 25, 2015)

IX. JUDICIAL ETHICS

Judicial Ethics - the branch of moral science which treats of the right and proper conduct to be
observed by all judges and magistrates in trying and deciding controversies brought to them for
adjudication which conduct must be demonstrative of impartiality, integrity, competence,
independence, and freedom from improprieties. The freedom from improprieties must be
observed even in the judge’s private life.

§ Who may be appointed Judges: No person shall be appointed Member of the Supreme
Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A
member of the Supreme Court must be at least forty years of age, and must have been for
fifteen years or more a judge of a lower court or engaged in the practice of law in the
Philippines. (Art VIII Section 7 (1) 1987 Constitution)

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 § The Congress shall prescribe the qualifications of judges of lower courts, but no person
may be appointed judge thereof unless he is a citizen of the Philippines and a member of
the of the Philippine Bar (Article VIII Section 2 of the 1987 Constitution)

§ A member of the Judiciary must be a person of proven competence, integrity, probity, and
independence. (Article VIII Section 7(3) of the 1987 Constitution)

RTC Judges
§ Shall be a natural-born citizen of the Philippines, at least 35 years of age, and for at least
ten years, has been engaged in the practice of law in the Philippines, or has held a public
office in the Philippines requiring admission to the practice of law as an indispensable
requisite.

MTC Judges
§ Shall be a natural-born citizen of the Philippines, at least 30 years of age, and for at least
five years, has been engaged in the practice of law in the Philippines, or has held a public
office in the Philippines requiring admission to the practice of law as an indispensable
requisite.

X. QUALITIES OF JUDGE (CODE OF JUDICIAL CONDUCT)

CANON 1 - INDEPENDENCE
Judicial independence is a pre-requisite to the Rule of Law and a fundamental guarantee
of a fair trial. A judge shall, therefore, uphold and exemplify judicial independence in both its
individual and institutional aspects.

CANON 2 - INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office, but also to the
personal demeanor of judges.
§ Judge shall ensure that not only is their conduct above reproach, but that it is perceived to
be so in the view of a reasonable observer.
§ The integrity of the judiciary rests not only upon the fact that it is able to administer justice
but also upon the perception and confidence of the community that the people who run
the system have done justice.
§ the quality of being honest and having strong moral principles; moral uprightness.

CANON 3 - IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the
decision itself but also to the process by which the decision is made.

§ Disqualification, Inhibition of Judges (Section 5, Canon 3)

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

Judges shall disqualify themselves from participating in any proceedings in which they are
unable to decide the matter impartially or in which it may appear to a reasonable observer that
they are unable to decide the matter impartially. Such proceedings include, but are not limited
to instances where:
1) The judge has actual bias or prejudice concerning a party or personal knowledge of
disputed evidentiary facts concerning the proceedings;
2) The judge previously served as a lawyer or was a material witness in the matter in
controversy;
3) The judge or a member of his or her family, has an economic interest in the outcome
of the matter in controversy;
4) The judge served as executor, administrator, guardian, trustee or lawyer
5) in the case or matter in controversy, or a former associate of the judge served as
6) counsel during their association, or the judge or lawyer was a material witness
7) therein;
8) The judge's ruling in a lower court is the subject of review;
9) The judge is related by consanguinity or affinity to a party litigant within the sixth civil
degree or to counsel within the fourth civil degree;
10) The judge knows that his or her spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or
in a party to the proceeding, or any other interest that could be substantially affected
by the outcome of the proceedings.

CANON 4 - PROPRIETY
Propriety and the appearance of propriety are essential to the performance of all the
activities of a judge.

CANON 5 – EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due performance of
the judicial office.
§ Shall not by words or conduct manifest bias or prejudice towards any person or group of
persons

CANON 6 - COMPETENCE AND DILIGENCE

Competence and diligence are pre-requisites to the due performance of judicial office.
§ Elements of knowingly rendering unjust judgment:
1) The judgment is patently contrary to law or is not supported by the evidence; and
2) Made with deliberate intent to perpetrate injustice.

§ In order to create public confidence in judicial system, judges must not only be proficient in
both the substantive and procedural aspects of the law, but more importantly, they must
possess the highest integrity, probity and unquestionable moral uprightness , both in their
public and private lives. (Talens-Dabon v. Arceo, AM RTJ-96-1336, July 25, 1996)

§ Guidelines in resolving requests for judicial clemency:

KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal

 1) There must be proof of remorse and reformation. These shall include but should not
be limited to certifications or testimonials of the officer(s) or chapter(s) of the
Integrated Bar of the Philippines, judges or judges associations and prominent
members of the community with proven integrity and probity. A subsequent finding of
guilt in an administrative case for the same or similar misconduct will give rise to a
strong presumption of non-reformation.
2) Sufficient time must have lapsed from the imposition of the penalty to ensure a period
of reform.
3) The age of the person asking for clemency must show that he still has productive years
ahead of him that can be put to good use by giving him a chance to redeem himself.
4) There must be a showing of promise (such as intellectual aptitude, learning or legal
acumen or contribution to legal scholarship and the development of the legal system
or administrative and other relevant skills), as well as potential for public service.
5) There must be other relevant factors and circumstances that may justify clemency.

§ Judicial clemency, as an act of mercy removing any disqualification, should be balanced

with the preservation of public confidence in the courts. Thus the Court will grant it only if
there is a showing that it is merited. Proof of reformation and a showing of potential and
promise are indispensable." (In Re: Letter of Judge Augustus C. Diaz, A.M. No. 07-7-17-SC,
September 19, 2007)

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KokoBar 2019 Legal and Judicial Ethics: Atty. Judy Lardizabal