1987 PHILIPINE CONSTITUTION

SECTION 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
SECTION 14. No Senator or Member of the House of Representatives may personally appear as counsel
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of
office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.

SECTION 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution, hold any other office or employment during their
tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in
any business, or be financially interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the
conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not
during his tenure be appointed as members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.

SECTION 2. No Member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active management or
control of any business which in any way be affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by
the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or
controlled corporations or their subsidiaries.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.

SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.

SECTION 14. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause
of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear is unjustifiable.
NEW CIVIL CODE

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty and good faith.

Article 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either
in person or through the mediation of another:

(1) The guardian, the property of the person or persons who may be under his guardianship;

(2) Agents, the property whose administration or sale may have been intrusted to them, unless the
consent of the principal has been given;

(3) Executors and administrators, the property of the estate under administration;

(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any
government-owned or controlled corporation, or institution, the administration of which has been
intrusted to them; this provision shall apply to judges and government experts who, in any manner
whatsoever, take part in the sale;

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers
and employees connected with the administration of justice, the property and rights in litigation or
levied upon an execution before the court within whose jurisdiction or territory they exercise their
respective functions; this prohibition includes the act of acquiring by assignment and shall apply to
lawyers, with respect to the property and rights which may be the object of any litigation in which
they may take part by virtue of their profession;

(6) Any others specially disqualified by law. (1459a)

Article 1646. The persons disqualified to buy referred to in articles 1490 and 1491, are also disqualified to
become lessees of the things mentioned therein. (n)

Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial
costs, cannot be recovered, except:

(1) When exemplary damages are awarded;

(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or
to incur expenses to protect his interest;

(3) In criminal cases of malicious prosecution against the plaintiff;

(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;

(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's
plainly valid, just and demandable claim;

(6) In actions for legal support;

(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;

(8) In actions for indemnity under workmen's compensation and employer's liability laws;

(9) In a separate civil action to recover civil liability arising from a crime;
 (10) When at least double judicial costs are awarded;

(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of
litigation should be recovered.

In all cases, the attorney's fees and expenses of litigation must be reasonable.

REVISED PENAL CODE

Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision correccional in its
minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in
dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the
punishment of violators of the law, or shall tolerate the commission of offenses.

Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to the proper
administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200
to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by
any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his
client, or reveal any of the secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having
undertaken the defense of a client or having received confidential information from said client in a case,
shall undertake the defense of the opposing party in the same case, without the consent of his first client.

Article 171. Falsification by public officer, employee or notary or ecclesiastic minister. - The penalty of
prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or
notary who, taking advantage of his official position, shall falsify a document by committing any of the
following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in
fact so participate;

3. Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which changes its meaning;

7. Issuing in an authenticated form a document purporting to be a copy of an original document when

no such original exists, or including in such a copy a statement contrary to, or different from, that of
the genuine original; or

8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or
official book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses
enumerated in the preceding paragraphs of this article, with respect to any record or document of such
character that its falsification may affect the civil status of persons.
Article 172. Falsification by private individual and use of falsified documents. - The penalty of prision
correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed
upon:

1. Any private individual who shall commit any of the falsifications enumerated in the next
preceding article in any public or official document or letter of exchange or any other kind of
commercial document; and

2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in
any private document commit any of the acts of falsification enumerated in the next preceding
article.

Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of
another or who, with the intent to cause such damage, shall use any of the false documents embraced in the
next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty
next lower in degree.

Article 183. False testimony in other cases and perjury in solemn affirmation. - The penalty of arresto
mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any
person, who knowingly makes untruthful statements and not being included in the provisions of the next
preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a
competent person authorized to administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods
mentioned in this and the three preceding articles of this section, shall suffer the respective penalties
provided therein.

Article 184. Offering false testimony in evidence. - Any person who shall knowingly offer in evidence a
false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false
testimony and shall suffer the respective penalties provided in this section.

Article 210. Direct bribery. - Any public officer who shall agree to perform an act constituting a crime, in
connection with the performance of this official duties, in consideration of any offer, promise, gift or present
received by such officer, personally or through the mediation of another, shall suffer the penalty of prision
mayor in its medium and maximum periods and a fine of not less than the value of the gift and] not less than
three times the value of the gift in addition to the penalty corresponding to the crime agreed upon, if the
same shall have been committed.

If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a
crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding
paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of prision
correccional, in its medium period and a fine of not less than twice the value of such gift.

If the object for which the gift was received or promised was to make the public officer refrain from doing
something which it was his official duty to do, he shall suffer the penalties of prision correccional in its
maximum period and a fine of not less than the value of the gift and not less than three times the value of
such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of
special temporary disqualification.

The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators,
appraisal and claim commissioners, experts or any other persons performing public duties. (As amended by
Batas Pambansa Blg. 871, approved May 29, 1985).
Article 211. Indirect bribery. - The penalties of prision correccional in its medium and maximum periods,
and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason
of his office. (As amended by Batas Pambansa Blg. 871, approved May 29, 1985).

Article 211-A. Qualified bribery. - If any public officer is entrusted with law enforcement and he refrains
from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua
and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense
which was not prosecuted.

If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death. (As
added by Sec. 4, RA No. 7659).

Article 212. Corruption of public officials. - The same penalties imposed upon the officer corrupted, except
those of disqualification and suspension, shall be imposed upon any person who shall have made the offers
or promises or given the gifts or presents as described in the preceding articles.

Article 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned
hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if
the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds
the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one
year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty
years. In such cases, and in connection with the accessory penalties which may be imposed under the
provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is
over 6,000 pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if
such amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in
the four cases mentioned, the fraud be committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender
shall deliver by virtue of an obligation to do so, even though such obligation be based on an
immoral or illegal consideration.

(b) By misappropriating or converting, to the prejudice of another, money, goods, or any

other personal property received by the offender in trust or on commission, or for
administration, or under any other obligation involving the duty to make delivery of or to
return the same, even though such obligation be totally or partially guaranteed by a bond; or
by denying having received such money, goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank, and by writing
any document above such signature in blank, to the prejudice of the offended party or of any
third person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
 (a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar
deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or business.

(c) By pretending to have bribed any Government employee, without prejudice to the action
for calumny which the offended party may deem proper to bring against the offender. In this
case, the offender shall be punished by the maximum period of the penalty.

(d) By post-dating a check, or issuing a check in payment of an obligation when the offender
therein were not sufficient to cover the amount of the check. The failure of the drawer of the
check to deposit the amount necessary to cover his check within three (3) days from receipt
of notice from the bank and/or the payee or holder that said check has been dishonored for
lack of insufficiency of funds shall be prima facie evidence of deceit constituting false
pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)

(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like without paying therefor, with intent to
defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant,
boarding house, lodging house, or apartment house by the use of any false pretense, or by
abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining credit, food, refreshment or
accommodation therein without paying for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game.

(c) By removing, concealing or destroying, in whole or in part, any court record, office files,
document or any other papers.

RULES OF COURT

RULE 115

Rights of Accused

Section 1. Rights of accused at the trial. — In all criminal prosecutions, the accused shall be entitled to the
following rights:

(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.

(b) To be informed of the nature and cause of the accusation against him.

(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence at the
trial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by the
court for purposes of identification. The absence of the accused without justifiable cause at the trial
of which he had notice shall be considered a waiver of his right to be present thereat. When an
accused under custody escapes, he shall be deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained. Upon motion, the accused may be allowed
 to defend himself in person when it sufficiently appears to the court that he can properly protect his
right without the assistance of counsel.

(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by
direct examination. His silence shall not in any manner prejudice him.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence
be found in the Philippines, unavailable or otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same parties and subject matter, the adverse
party having the opportunity to cross-examine him.

(g) To have compulsory process issued to secure the attendance of witnesses and production of other
evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)

Rule 138

Section 20. Duties of attorneys. — It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law.

(d) 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;

(e) 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;

(f) 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;

(g) Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;

(i) In the defense of a person accused of 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.
Section 24. Compensation of attorneys; agreement as to fees. — An attorney shall be entitled to have and
recover from his client no more than a reasonable compensation for his services, with a view to the
importance of the subject matter of the controversy, the extent of the services rendered, and the professional
standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the
proper compensation, but may disregard such testimony and base its conclusion on its own professional
knowledge. A written contract for services shall control the amount to be paid therefor unless found by the
court to be unconscionable or unreasonable. Section 27. Attorneys removed or suspended by Supreme Court
on what grounds. — A member of the bar may be removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral
conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath
which he is required to take before the admission to practice, or for a wilfull disobedience of any lawful
order of a superior court, or for corruptly or willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through
paid agents or brokers, constitutes malpractice.

Section 28. Suspension of attorney by the Court of Appeals or a Court of First Instance. — The Court of
Appeals or a Court of First Instance may suspend an attorney from practice for any of the causes named in
the last preceding section, and after such suspension such attorney shall not practice his profession until
further action of the Supreme Court in the premises.

Section 29. Upon suspension by the Court of Appeals or Court of First Instance, further proceedings in
Supreme Court. — Upon such suspension, the Court of Appeals or the Court of First Instance shall forthwith
transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts
upon which the same was based. Upon the receipt of such certified copy and statement, the Supreme Court
shall make a full investigation of the facts involved and make such order revoking or extending the
suspension, or removing the attorney from his office as such, as the facts warrant.

Section 30. Attorney to be heard before removal or suspension. — No attorney shall be removed or

suspended from the practice of his profession, until he has had full opportunity upon reasonable notice to
answer the charges against him, to produce witnesses in his own behalf, and to be heard by himself or
counsel. But if upon reasonable notice he fails to appear and answer the accusation, the court may proceed to
determine the matter ex parte.

Section 31. Attorneys for destitute litigants. — A court may assign an attorney to render professional aid
free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to
employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect
the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless
he is excused therefrom by the court for sufficient cause shown.

Section 33. Standing in court of person authorized to appear for Government. — Any official or other
person appointed or designated in accordance with law to appear for the Government of the Philippines shall
have all the rights of a duly authorized member of the bar to appear in any case in which said government
has an interest direct or indirect.

Section 34. By whom litigation conducted. — In the court of a justice of the peace a party may conduct his
litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with the aid an
attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authorized member of the bar.

Section 35. Certain attorneys not to practice. — No judge or other official or employee of the superior
courts or of the Office of the Solicitor General, shall engage in private practice as a member of the bar or
give professional advice to clients.

Section 36. Amicus Curiae. — Experienced and impartial attorneys may be invited by the Court to appear
as amici curiae to help in the disposition of issues submitted to it.
 RULE 138-A

Law Student Practice Rule

Section 1. Conditions for student practice. — A law student who has successfully completed his 3rd year of
the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may appear without compensation in any civil, criminal
or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted
by the legal clinic of the law school.

Section 2. Appearance. — The appearance of the law student authorized by this rule, shall be under the
direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the
law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by
the supervising attorney for and in behalf of the legal clinic.

Section 3. Privileged communications. — The Rules safeguarding privileged communications between

attorney and client shall apply to similar communications made to or received by the law student, acting for
the legal clinic.

Section 4. Standards of conduct and supervision. — The law student shall comply with the standards of
professional conduct governing members of the Bar. Failure of an attorney to provide adequate supervision
of student practice may be a ground for disciplinary action. (Circular No. 19, dated December 19, 1986).

RULE 139-B

Disbarment and Discipline of Attorneys

Section 1. How Instituted. — Proceedings for the disbarment, suspension, or discipline of attorneys may be
taken by the Supreme Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon the verified
complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be
supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such
documents as may substantiate said facts.

The IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a Chapter
Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring
attorneys including those in the government service.

Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of
its chapter who shall forthwith transmit the same to the IBP Board of Governors for assignment to an
investigator.

A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES

Section 2. National Grievance Investigators. — The Board of Governors shall appoint from among IBP
members an Investigator or, when special circumstances so warrant, a panel of three (3) investigators to
investigate the complaint. All Investigators shall take an oath of office in the form prescribed by the Board
of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity of
affinity to any of the parties of their counsel, pecuniary interest, personal bias, or his having acted as counsel
to his acting as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to
the IBP Board of Governors, which by majority vote of the members present, there being a quorum, may
order his disqualification.

Any Investigator may also be removed for cause, after due hearing, by the vote of at least six (6) members of
the IBP Board of Governors. The decision of the Board of Governors in all cases of disqualification or
removal shall be final.

Section 3. Duties of the National Grievance Investigator. — The National Grievance Investigators shall
investigate all complaints against members of the Integrated Bar referred to them by the IBP Board of
Governors.

Section 4. Chapter assistance to complainant. — The proper IBP Chapter may assist the complainant(s) in
the preparation and filing of his complaint(s).

Section 5. Service or dismissal. — If the complaint appears to be meritorious, the Investigator shall direct
that a copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days
from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of
the Investigator that the complaint is not meritorious, the same may be dismissed by the Board of Governors
upon his recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the
Supreme Court which may review the case motu propio or upon timely appeal of the complainant filed
within 15 days from notice of the dismissal of the complainant.

No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise,

restitution, withdrawal of the charges, or failure of the complainant to prosecute the same, unless the
Supreme Court motu propio or upon recommendation of the IBP Board of Governors, determines that there
is no compelling reason to continue with the disbarment or suspension proceedings against the respondent.
(Amendment pursuant to Supreme Court Resolution dated May 27, 1993 re Bar Matter 356).

Section 6. Verification and service of answer. — The answer shall be verified. The original and five (5)
legible copies of the answer shall be filed with the Investigator, with proof of service of a copy thereof on
the complainant or his counsel.

Section 7. Administrative counsel. — The IBP Board of Governors shall appoint a suitable member of the
Integrated Bar as counsel to assist the complainant of the respondent during the investigation in case of need
for such assistance.

Section 8. Investigation. — Upon joinder of issues or upon failure of the respondent to answer, the
Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall have the power
to issue subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to
present witnesses on his behalf, and be heard by himself and counsel. However, if upon reasonable notice,
the respondent fails to appear, the investigation shall proceed ex parte.

The Investigator shall terminate the investigation within three (3) months from the date of its
commencement, unless extended for good cause by the Board of Governors upon prior application.

Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be
dealt with as for indirect contempt of court. The corresponding charge shall be filed by the Investigator
before the IBP Board of Governors which shall require the alleged contemnor to show cause within ten (10)
days from notice. The IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance
with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall as far as
practicable be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of
Governors shall within a like period of fifteen (15) days issue a resolution setting forth its findings and
recommendations, which shall forthwith be transmitted to the Supreme Court for final action and if
warranted, the imposition of penalty.

Section 9. Depositions. — Depositions may be taken in accordance with the Rules of Court with leave of the
investigator(s).

Within the Philippines, depositions may be taken before any member of the Board of Governors, the
President of any Chapter, or any officer authorized by law to administer oaths.

Depositions may be taken outside the Philippines before diplomatic or consular representative of the
Philippine Government or before any person agreed upon by the parties or designated by the Board of
Governors.

Any suitable member of the Integrated Bar in the place where a deposition shall be taken may be designated
by the Investigator to assist the complainant or the respondent in taking a deposition.

Section 10. Report of Investigator. — Not later than thirty (30) days from the termination of the
investigation, the Investigator shall submit a report containing his findings of fact and recommendations to
the IBP Board of Governors, together with the stenographic notes and the transcript thereof, and all the
evidence presented during the investigation. The submission of the report need not await the transcription of
the stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's
personal notes any relevant and pertinent testimonies.

Section 11. Defects. — No defect in a complaint, notice, answer, or in the proceeding or the Investigator's
Report shall be considered as substantial unless the Board of Governors, upon considering the whole record,
finds that such defect has resulted or may result in a miscarriage of justice, in which event the Board shall
take such remedial action as the circumstances may warrant, including invalidation of the entire
proceedings.

Section 12. Review and decision by the Board of Governors.

a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the
record and evidence transmitted to it by the Investigator with his report. The decision of the Board
upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on
which it is based. It shall be promulgated within a period not exceeding thirty (30) days from the
next meeting of the Board following the submittal of the Investigator's Report.

b) If the Board, by the vote of a majority of its total membership, determines that the respondent
should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its
findings and recommendations which, together with the whole record of the case, shall forthwith be
transmitted to the Supreme Court for final action.

c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than
suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a decision
exonerating respondent or imposing such sanction. The case shall be deemed terminated unless upon
petition of the complainant or other interested party filed with the Supreme Court within fifteen (15)
days from notice of the Board's resolution, the Supreme Court orders otherwise.

d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel.
A copy of the same shall be transmitted to the Supreme Court.

B. PROCEEDINGS IN THE SUPREME COURT

Section 13. Supreme Court Investigation. — In proceedings initiated motu propio by the Supreme Court or
in other proceedings when the interest of justice so requires, the Supreme Court may refer the case for
investigation to the Solicitor-General or to any officer of the Supreme Court or judge of a lower court, in
which case the investigation shall proceed in the same manner provided in sections 6 to 11 hereof, save that
the review of the report of investigation shall be conducted directly by the Supreme Court.

Section 14. Report of the Solicitor General of other Court-designated Investigator. — Based upon the
evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme
Court shall submit to the Supreme Court a report containing his findings of fact and recommendations for
the final action of the Supreme Court.

C. COMMON PROVISIONS

Section 15. Suspension of attorney by Supreme Court. — After receipt of respondent's answer or lapse of
the period therefor, the Supreme Court, motu propio, or at the instance of the IBP Board of Governors upon
the recommendation of the Investigator, may suspend an attorney from the practice of his profession for any
of the causes specified in Rule 138, Section 27, during the pendency of the investigation until such
suspension is lifted by the Supreme Court.

Section 16. Suspension of attorney by the Court of Appeals or a Regional Trial Court. 1 — The Court of
Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule
138, Section 27 2, until further action of the Supreme Court in the case.

Section 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme
Court. — Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to
the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which
the same was based. Upon receipt of such certified copy and statement, the Supreme Court shall make a full
investigation of the case and may revoke, shorten or extend the suspension, or disbar the attorney as the facts
may warrant.

Section 18. Confidentiality. — Proceedings against attorneys shall be private and confidential. However, the
final order of the Supreme Court shall be published like its decisions in other cases.

Section 19. Expenses. — All reasonable and necessary expenses incurred in relation to disciplinary and
disbarment proceedings are lawfull charges for which the parties may be taxed as costs.

Section 20. Effectivity and Transitory Provision. — This Rule shall take effect June 1, 1988 and shall
supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases
pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the
Philippines Board of Governors for investigation and dispos

OTHERS

RA 3019

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute corrupt practices of any public officer and are
hereby declared to be unlawful:

(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government corporations charged with
the grant of licenses or permits or other concessions.
RA 7160

SECTION 90. Practice of Profession. – (a) All governors, city and municipal mayors are prohibited from
practicing their profession or engaging in any occupation other than the exercise of their functions as local
chief executives.

(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools
except during session hours: Provided, That sanggunian members who are also members of the Bar shall
not:

(1) Appear as counsel before any court in any civil case wherein a local government unit or any office,
agency, or instrumentality of the government is the adverse party;

(2) Appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office.

(3) Collect any fee for their appearance in administrative proceedings involving the local government unit of
which he is an official; and

(4) Use property and personnel of the government except when the sanggunian member concerned is
defending the interest of the government.

(c) Doctors of medicine may practice their profession even during official hours of work only on occasions
of emergency: Provided, That the officials concerned do not derive monetary compensation therefrom.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and
employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited
acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or indirectly,
have any financial or material interest in any transaction requiring the approval of their office.

(b) Outside employment and other activities related thereto. - Public officials and employees during
their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed
by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution or
law, provided, that such practice will not conflict or tend to conflict with their official
functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.