BAR REVIEWER in Legal and Judicial Ethics 2005 Edition —oo BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ERNANI CRUZ PANO Retired Court Administrator, Supreme Court; Law Professor; Formerly Judge, Regional Trial Court, Pasig, Br. 88, Quezon City; Member, Supreme Court Rules of Court Revision Committee; Committee Continuous Trial, Trial Committee; Participant, 1978 Harvard Law School Special Program, Quezon City: Lecturer, U.P. Law Center; U.P. College of Law U.S.T, San Beda College of Law; MLQU, U.E. School of Law; Participant, 1981 California Judicial College University of California, Academy of Trial Judges; International Associate, American Bar Association ~ 2005 EDITION 856 Nicanor Reyes Sr, St. Tel. Nos. 736-05-67 » 7365-13-64 1977 CM. Recto Avenue | Tel. Nos. 735:56-27 + 735-55-34 : Manila, Philippines 3 - ‘Introduction TABLE OF CONTENTS PartI OVERVIEW OF ETHICS Various Concepts of Ethics by Philosophers . Divisions of Ethics a Life ., b, Knowledge c Play ., d. Aesthetic Experienc e. Sociability (Friendship) f. _ Practical Reasonablenes: g. Religion... Complaint .... Part I QUESTIONS AND ANSWERS IN LEGAL ETHICS .... Part Ill CASES IN JUDICIAL ETHICS 2. Judge Liable for Dismissal for Continuing Immoral Relation after having been Previously Disciplined for such Misconduct 3, Immoral Advanees on a Litigant by a Judge Ground for Dismissal . 4, A Judge should not Depend on Subordinates to Remind Him of His Deadline... ix RRR WOOD DHE 92 92 93 94i 10. nL 12, 13. M4. 15. 16. 17. 18. 19. Judge could not Act on Motions without Proof of Service won Erroneous Anquittal by Judge a Ground for Admonition. One Month Salary Fine for Erroneous Quashal of Criminal Information . Amicable Settlement between Respondent ‘and Complainant not a Ground to Dismiss Charges Holding in Abeyance of Warrant of Arrest Due to Reinvestigation Not Allowed .« ‘A Misuse of the Word “GIMMICK” While Not Warranting Censure is Deserving of Admonition .... Seven-Day Salary Fine for Delivering Speech in a Political Convention Failure to Apply Indeterminate Judgment ‘Sentence Law. Judge Liable for Two Months Salary Fine What Constitutes Rendition of Judgment. Judge Fined for Detention of Contemnor ‘on Indirect Conterapt Without Hearing ‘Non-Docketing of Cases Warrants Reprimand.. Errors in Penalty Denial of Inhibition Upheld.. May a judge be held administratively liable for rendering an erroneous order or judgment ‘What is the liability of the judge who allows her husband, a private practitioner to use the address of her court as his office address? Is acceptance of a consultancy contract in a GOCC a violation of the prohibition from reappointment imposed on a judge in the administrative cases? ... 95, 95 100 100 101 101 101 21, Serenity and Ability to Koop One's Cool Required of Judges : Harosament of Judges Not Countenanced .. Calling a Party an “Octopus, Dictator” ete., Impropor for a Judge Use of Car Undor Lovy Use of Falsified Evidence Compromise After Misappropriation BB Ignorance on Jurisdiction Issue on Appeal Cannot Be Basis for Administrative case Affidavit of Desistance Not Ground for Dismissal of Complaint ‘Non-Transcription of Stenographic Notes — No Excuse for Delay in Decision . Anonymous Complaints may be Entertained if Verifiable from Public Records Condonation by Judge's Wife of Husband's Concubinage does not Preclude Dismissal Serious or Grave Misconduct, Defined .. Respectful Request for a Judge to Inhibit Himeelf is not Contemp! Prosecutor who was appointed District Judge May Not be Charged for Actuations as Prosecutor where Chief Executive Dismissed Charges. Aberrations Due to Negligence not Serious Misconduct 37. Failure of a Judge to Inhibit Himselfin a Case Involving his Nephew Violation of Judicial Ethics 38. Referral of Tenancy Determination to Secretary of Agrarian Reform is not Professional Incompetence of the Judge . $ B BSSEE 2 & £8 8 8 102 102 103 104 104 105 106 107 107 108 109 109 110 a m1 112 13 11339. Contumacious Act Against the Provincial Board May Not be Punished as Direct Contempt of the Court of First Instance... 40, Ex-Parte Hearing Justified in the Absence of Oppositor 41, Error of Judgment Not an Unjust Decision. 42, Dismissal Where Two Charges are Substantially the Same . 43. Administering Oath Without AMfiant Censurable 44, Not Evory Ruling Calls for Disciplinary Action... 45, Effect of Cessation from Office Part IV ‘ RULES 138-139-B, RULES OF COURT Rule 138 — Attorneys and Admission to Bar. Rule 138-A ~ Law Student Practice Rule Rule 139 — Disbarment or Suspension of Attorneys Rule 139-A — Integrated Bar of the Philippine Rulo 139-B — Disbarment and Discipline of Attorneys PartV CASE NOTES — LEGAL ETHICS 1, Unimpeachable Accounting of Clients’ Funds Required . Presumption of Innocence . Attorney's Fees... |. Conflict of Interest . Unauthorized Settlement by Lawyer, Unethical ... ee en ai m4 18 6 6 uz 117 uz 118 128 128 131 138 145 146 147 148 149 7. 10. i 12, 13. . Non-filing of Brief ,.. Contempt for Disrespectful Language .. }. Notarization of Document Without Vendor's Signature is Malpractice Unauthorized Practice by Court Personnel, Ground for Dismissal... Dismissal of Criminal Action Ground to Dismi Disbarment Proceedings Conviction of Client Not Considered Negligence Filing of Motion for Extension on the Last Day and Sending it by Registered Mail shows Lack of Professional Competence and Diligence Controversies With Client's on Attorney's Fees to be Avoided APPENDICES 231 255 257 264 274Part | OVERVIEW OF ETHICS Introduction Ethies is about how we ought to live. What makes an action the right, rather than the wrong thing to do. Etymologically, the word Ethics is from the Greek word ETHIKOS, in turn from ETHOS, usage, character, disposition, manner and the more formal definition of ethics is that, it is an inquiry into the nature, morality or moral acts; the search for the morally good and right. Ethics is the word used to refer to the set of rule, principles or ways of thinking that guide, or claim authority to guide the actions of a particular group. Ethics suggests a set of duties that require us to subordi- nate our natural desire (including sexual desire) in order to obey the moral law. Various Concepts of Ethics by Philosophors 1, Plato considered Ethics as something inspired to the weuker party by the stronger. Aristotle thought that virtue has to be taught and then practiced, so that it becomes a habit. The Chinese philosopher, Mencius, thought that human beings pos- sess innate sense of right and wrong, They do evil because adverse condition have corrupted their nature. Rousseau saw man as a noble savage satisfied by the bounty of nature. Hu: man being for Roussacu were naturally ethical being, It is civilization and the concept of property that has corrupted them. Hume posits that men are torn between their sense of human: 12 BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ‘on so that the function of ethics ity and our avarice and ambiti u ts that meet with the general is to reinforce those sentiment approval of all. Materialist philosophers like Marx, Kant, together with Charles Darwin confined Ethics to economic arrangement un- der which human live — the way they produce their food, their means of production whether they live under a feudal or capi- talist economy. Specifically, Charles Darwin viewed that the origin of ethies is the social instincts which bares ethical behavior motivated by the instinctive desire to promote the common ‘good. Freud viewed that the origin of ethics is the desire to resolve the conflict between the individual and the collective ego. DIVISIONS OF ETHICS 1». The field of Ethics is commonly divided into two parts — (a) Meta ethics and (b) Normative ethies Meta ethics deals with the reflections on philosophy of ethics; Normative ethize is applied ethics, a study of ethics intended to influence men. Normative ethics refers to norms, values, rule, standards or principle that should guide our deci sion about what we ought to do. Legal ethies:is an example of normative ethics. According to John Finnie, a professor of Legal Philosophy in the University of Oxford, in his article “Natural Law and Natural Rights” the basic values are: A. Life A first basic value, corresponding to the drive of self ervation is the value of life. The term “if” here Seas ‘aspect of the vitality (vita, life) which puts a human being in good shape for self-detormination, Hence, life here includes bodily (including cerebral) health and freedom from the pain that betokens organic malfunctioning or injury. And the recog- nition, pursuit, and realization of this basic human purpose (or internally related group of purposes) are as various as the crafty struggle and prayer of a man overboard secking to stay afloat until his ship turns back for him; the team-work of surgeons OVERVIEW OF ETHICS : and the whole network of supporting staff, ancillary services, medical schools, ete,; road safety laws and programmes; famine relief expeditions; fanning and rearing and fishing; food mar- keting; the resuscitation of suicides; watching out as one steps off the kerb, B. Knowledge The second basic value is knowledge, considered as desir- able for its own sake, not merely instrumentally. Cc. Play The third basic aspect of human well-being is play. A cer- tain sort of moralist analyzing human goods may overlook this basic value, but an anthropologist will not fall to observe this large and irreducible element in human culture. More impor- tantly, each one of us can see the point of engaging in perform- ances which have no point beyond the performance itself, en- joyed for its own sake. The performance may be solitary or social, intellectual or physical, strenuous or relaxed, highly structured or relatively informal, conventional or ad hoe in its pattern.... An element of play can enter into human activity, even the drafting of enactments, but is always analytically distinguishable from its “serious” context; and some activities, enterprises, and institutions are entirely or primarily pure play. Play, then, has, and is its own value. D. Aesthetic Experience ‘The fourth basic component in our flourishing is aesthetic experience. Many forms of play, such as dance or song or foot- ball, are the matrix or occasion of acsthetie experience. But beauty is not an indispensable element of play. Moreover, beau- tiful form can be found and enjoyed in nature. Aesthetic experi- ence, unlike play, need not involve an action of one’s own: what is sought after and valued for its own sake may simply be the beautiful form “outside” one, and the “inner” experience of ap- preciation ofits beauty, But often enough the valued experience is found in the creation and/or active appreciation of some work of significant and satisfying form.‘ BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS E, Sociability (Friendship) Fifthly, there is the value of that sociability which in its weakest form is realized by a minimum of peace and harmony amongst men, and which ranges through the forms of human community to ite strongest form in the flowering of full friend- ship. Some of the collaboration between one person and an- other is no more than instrumental to the realization by each of his own individual purposes. But friendship involves acting for the sake of one’s friend’s purposes, one’s friend’s well-being. To bein a relationship of friendship with at least one other person is a fundamental form of good, is it now? F. Practical Reasonableness Sixthly, there is the basic good of being able to bring one’s ‘own intelligence to bear effectively (in practical reasoning that iscues in action) on the problems of choosing one’s actions and lifestyle shaping one’s own character. Negatively, this involves, that me has a measure of effective freedom; positively, it in- volves that one seeks bring an intelligent and reasonable order into one’s own actions and habits and practical attitudes. This order in turn has (i) an internal aspect, as when one strives to bring one’s emotions and dispositions into the harmony of an inner peace of mind that is not merely the product of drugs or indoctrination nor merely passive in its orientation; and (ii) an external aspect, as when one strives to make one’s actions (which are external in that they change states of affairs in the world and often enough affect the relations between persons), au- thentic that is to say, genuine realizations of one’s own freely ordered evaluations, preferences, hopes, and self-determina- tion. This value is thus complex, involving freedom and reason, integrity and authenticity. But it has a sufficient unity to be treated as one; and for a label I choose “practical reasonableness.” G. Religion Soventhly, and finally in this list, there is the value of what, since Cicero, we summarily and lamely call “religion.” For, as there is the order of means to ends, and the pursuit of life, truth, play and aesthetic experience in some individually selected order of priorities and pattern of specialization, and te en OVERVIEW OF ETHICS 6 the order that can be brought into human relations through collaboration, community and friendship, and the order that is to be brought into one’s character and activity through inner integrity and outer authenticity, so, finally there arise such questions as (a) How are all these orders, which have their immediate origin in human initiative and pass away in death, related to the lasting order of the whole cosmos and to the origin, in any, of that order? (b) Is it not perhaps the case that human freedom, in which one rises above the determinism of instinct and impulse to an intelligent gresp of worthwhile forms of good, and through which one shapes and masters one’s envi- ronment but also one’s own character, is itself somehow suber- dinate to something which makes that human freedom, human intelligence, and human mastery possible (not just “originally” but from moment to moment) and which is free, intelligent and sovereign in a way (and over a range) no human being can be?Part Il QUESTIONS AND ANSWERS IN LEGAL ETHICS 1. Q Whyis law considered a profession? A. Aprofession is characterized by four (4) traits sak rd specialized body ofknowledge a commitment othe ility to ii i social god, the ability to regulate itself, and high A profession is the activity of groups of sons whor (1) are engaged in a earned ectivity (2) the engagement is more or less full time; (3) the act itselfis helpful to others in some important way; (4) the persons so engaged form an organization gov- eraing how they Practice their act; (5) the govern- is primarily for the publi rather than for the good of those coogi Under this definition, law is a professi cause law isa learned activity. Ite members hee an advanced degree and passa difficult competency examination. Lawyers spend much of their time pro- viding an important service to others. Lawyers have organized themselves with national, state, country city associations. Among the purposes of such associations are maintaining the integrity and com- Petence of lawyers, making legal counsel available (gall who need it and improving the legal system, (See Ethice and the Legal Profession by Michacl vis and Frederick A. Elliston, pp. 24-25) - Q. Judge G was assigned a courthouse, a residential bullding. He devoted some rooms in the house for GAL ETHICS 1 QUESTIONS AND ANSWERS IN 11 the dwelling of his family. When the owner com: plained, he cited the housing shortage. Also, that hho Is able to guard court records. Is the Judge Ik able? ‘A. Yes, Such use of the court’s premises inevitably de- grades the honor and dignity of the court and hence prejudices the administration of justice. Activities of a judge in respect of their personal affairs aro subject to the supervisory authority of the court whenever such conduct places the entire judiciary in danger of public disrepute. (Min. Resolution, Adm. RTJ 89-327, 17 October 1991, citing Babatio vs. Tan, 109 SCRA 417) 3. @. May a lawyer be considered as engaging in law practice although he does not appear In court liti- gations? A. Yes. Atty. M’s past work experiences as a lawyer economist, a lawyer-manager, a lawyer-entre- preneur of industry, a lawyer-negotiator of contracts, anda lawyer legislator of both the rich and the poor — verily more than satisfy the constitutional requirement — thathe has been engaged in the prac- tice of law for at least ten years. ‘The practice of law is not limited to the con- duct in court, (Land Title Abstract and Trust Co. vs. Dworken, 129 Ohio St. 23, 193 N.B. 660)A person is ‘also considered to be in the practice of law when he: “xxx for valuable consideration engaged in the business of advising person, firms, as- sociations or corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings pend- ing or prospective, before any court, commis- sioner, referee, board, body, committee, or com- mission constituted by law or authorized to set tle controversies and there, in such representa tive capacity performs any act or acts for the purpose of obtaining or defending the rights ofBAR REVIEWER IN LEGAL AND JUDICIAL ETHICS their clicnts under the law. Otherwise stated, one who in a representative capacity, engages in the business of advising clients as to their rights under the law, or while so engaged per- forms any act or acts either in court or outside of court for that purpose, is engaged in the prac- tice of law.” (State ex rel. Mckitrick vs. C.S. Dudley and Co,, 102 S.W. 2d 895, 340 Mo. 852) ‘This Court in the case of Philippine Lawyers Association vs, Agrava (105 Phil. 173, 176-177) stated: “The practice of law is not limited to the conduct of cases or litigation in court; it em- braces the preparation of pleadings and other papers incident to actions and special proceed- ings, the management of such actions and pre- ceedings on behalf of clients before judges and courts, and in addition, conveying. In general, all advice to clients, and all action taken for them in matters connected with the law incor- poration services, assessment and condemna- tion services contemplating an appearance before a judicial body, the foreclosure of a mort- goge, enforcement of acreditor’s claim in bank- ruptey and insolvency proceedings, and con- ducting proceedings in attachment, and in matters of estate and guardianship have been held to constitute law practice, as do the prepa- ration and drafting of legal instruments, where the work done involves the determination by the trained legl ind fhe legal fet oics and conditions.” (Cayetano vs. M 100113, 3 September 1991) ono 4. Q May a lawyer execute a mortgage contract over the estate proporty after partition is aj pproved but botore the estate proceeding is declared closed? No. Until estate proceeding i uU ig is declared closed and terminated, even if a project of partition has been 5. Q. 6 a A. QUESTIONS AND ANSWERS IN LEGAL ETHICS approved, estate property still in litigation and at- torney for the estate cannot execute a mortgage con- tract over estate property. (Fornilda vs. Bradish 164, GR. No, 72306, 24 Jan. 1989) Distinguish the power to cite for contempt and the disciplinary power over lawyers. Disciplinary power is broader than the power to cite for contempt. Contempt power does not exhaust the court's disciplinary power — a lawyer's act which obstructs or degrades administration of justice con- stitutes both professional misconduct and contuma- cious conduct. It cannot be said that the exercise of discipli- nary authority by the court when it is unjustly at- tacked constitutes the court an offended party, pros- ecutor and judge at the same time, A libel suit is not the remedy of the judge be- cause the outrage is directed not to the judge as such but to the court as an organ of the administration of justice. Also, a judge must confine his time exelu- sively in discharging his public duties; public inter- est suffers when the judge is disrobed of his judicial ‘authority to face his assailant on equal grounds to prosecute cases as a private individual. (Zaldivar vs. Gonzales, G.R. Ne. 60578, 7 Oct. 1988) Is indefinite suspension of a lawyer a cruel pun- Ishment? No. Indefinite suspension gives the lawyer the key to the restoration of his right by giving him a chance to purge himself in his own good time of his con- tempt or misconduct by acknowledging his miscon- duct, exhibiting appropriate repentance, and dem- onstrating his willingness and capacity to live up to the exacting standards required of every lawyer. (Zaldivar vs. Sandiganbayan, G.R. No. 80578, 1 Feb. 1989)10 2 Qa 2a A BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS What is the criterla for reinstatement of a disbarred lawyer? ‘a. Appreciation of the significance of his derelic- tion. b. Assurance to the court that he now possesses the requisite probity and integrity necessary to guarantee his worthiness to be restored to the practice of law. ‘ ¢. the time elapsed between disbarment and ap- plication for reinstatement. good conduct and honorable dealing subse- quent to his disbarment. €. active involvement in civic, educational and re- ligious organizations. £ favorable indorsement of IBP as well as local government officials and citizens of his com- munity. g. the pleas of his mother and wife for the sake and fortune of his family. (Tan vs. Sabandal, 170 SCRA 211) May a lawyer with a contingent fee agreement ap- peal an order of dismissal in substitution of his own client who asked for the dismissal of the es- tate proceeding? No. The lawyer of testamentary heirs under a con- tingent fee contract cannot substitute for his client who acks for dismissal of probate proceedings; law- yer cannot appeal on behalf of client, (Leviste vs. Court of Appeals, G.R. No. L-29164, 30 Jan, 1989) When should the amount of att termined? ettoregys Tes beiGe ‘The determination of attorney's fees may be mad only after the main litigation has been decided The determination may be made in the same action in M 412. QUESTIONS AND ANSWERS IN LEGAL ETHICS " which the services have been rendered although the attorney’ fees is less than the amount prescribed for the court’s jurisdiction. (Quirante vs. LAC, G.R. No. 73886, 31 Jan. 1989) Lawyer B recorded a charging lien in the case. Ak though the case was dismissed, and there was no award for his client, he asked the court to order payment of fees. Is this tenable? No. Where no amount is awarded to a party, and hence, there is nothing to generate such lien, the lawyer's lien cannot be enforced. He must institute a separate suit for his fees. Also, a lawyer has no lien on the land of his client although he successfully prosecuted an action toestablish the client's title thereto. There is no stat- ute authorizing such lion. (See Metropolitan Bank and Trust Co. vs. CA, G.R. Nos. 8610-03, 23 Jan. 1990, Second Division) J&B were former partners of XYZ law office. They tesigned and formed their law office which repre- sented SIH against PBC, who Is represented by XYZ law firm. PBC objects to the appearance of J &B who demurred on the ground that they did not participate in the case of PBC when they were still members of the XYZ law office. May J & B be dis- qualified? Yes, Whether or not J & B participated in the case of PBC when they were still members of XYZ law firm is of no moment. As former members of the XYZ law firm, they were privy to information that may be prejudicial to PBC’s cause of action. (Phil. Bloom- ing Mills Co. vs, CA, G.R. No. 87053, 29 Nov. 1989) Would you consider the following statements in a pleading before a Supreme Court disrespectful lar guage meriting sanction?13, BAR REVIEWER IN LEGALAND JUDICIAL ETHICS decision of the Court in the above sitsoea Case reads more like a brief for the Ayala x xx. The Court not ‘only put to serious: question its own integrity and competence but also jeopardized Its own campaign against graft and corruption undeniably per. ‘vading the judiclary xx x. Itis submitted that this ruling is the most serious reflection on the Court’s competence and Integrity and exemplifies its manifest partiality towards Ayala xxx.” ‘A. Theremarks made by a former judge is disrespect- ful and warrants imposition of a fine. As a former judge, counsel should know that in any litigation, ‘one party prevails but his success will not justify indictment of bribery by the other party. Respond- ent is entitled to his opinion but not licensed to in- sult the Court with derogatory statements and re- course to argumenta ad hominem. (Sangalang vs. IAC, G.R. No, 71169, 30 Aug. 1989) Q. Atty. A, a rich man and chairman of a college of medicine and very much married, engaged in ‘sexual intercourse with a student of the school and begot a child with hor. The Solicitor General lier, recommended a three-year suspension for the lawyer. As the matter was pending for ten years since the recommendation was made, and further that complainant had gone and with respondent knowing him to be a married man, asked for the dismissal of the case for being moot and academic. The OSG asked the Court to consider respondent suspended for the ten-year period the case was pending as the lawyer was not engaged in law prac- tice. Is the recommendation tenable? A. No. The lawyer should be disbarred. As the lawyer, a rich man, is not really practicing, his suspension would serve no redeeming purpose. The fact that he is arich man and does not practice, does not render respondent a person of good moral character. (De los Reyes vs. Aznar, AM No. 1334, 28 Nov. 1989) 14. a A. 15. Q A 6. a A QUESTIONS AND ANSWERS IN LEGAL ETHICS 18 When is a judge deemed to have “knowingly ren- dered” an unjust decision? A judge is expected to follow the rules prescribed to ensure a fair and unpartial hearing, assess the different factors that emerge therefrom and bear on the issues presented, and as the basis of the conclusions he finally established, with only his conscience and knowledge of the law to guide him, adjudicate the case accordingly. If in the view of the judge, the evidence for the defense was enti- tled to more weight and credence, he cannot be held to account administratively for the result of his ratiocination. For that is the very essence of judicial inquiry; otherwise the burdens of judicial office would be intolerable. Mere errors in the appreciation of evidence, unless so gross and patent as to produce an infer- ence of ignorance or bad faith, or that the judge knowingly rendered an unjust decision are irrel- evant and immaterial in administrative proceeding against him, (Miranda vs. Manalastas, AM. MTJ 89-159, 21 Dec. 1989) When are libelous statements considered privi- leged? ‘These statements are privileged only when relevant to the issues raised. Thus, in a collection case filed by @ rural bank against a borrower, a third party complaint against the bank manager which imputes to the bank manager acts of misappropriation that were unrelated to the issue of indebtedness, the li- belous statements were not deemed privileged. (Paredes vs. IAC, G.R, No. 70717, 9 May 1990) May ajudge file a petition for certiorari to review a Court of Appeals decision which reversed or modified his decision? No. The judge is only a nominel party impleaded to comply with the rules. A decent regard for the judi-1“ 17. @ A 18. Q A 19. a A ‘BAR REVIEWER IN LEGAL AND JUDICIAL ETHICS ; ing against the cial hierarchy bars a judge from sun adverse opinion ofa higher court. panting ure of Appeals, G.R. No. 1-46845, April 27, 1990) Ajudge of a Municipal Trial Court struck off an an- swer prepared by 2 party calling it a mere “scrap of paper” without the assistance of a counsel. He advised the party to secure a lawyer. Does this constitute misconduct? A party need not be a lawyer to conduct his own litigation. It is not therefore correct to consider the answer a “mere scrap of paper.” However, a judge may properly advise a party to seek assistance of a lawyer so that the party’s pleading may be properly prepared in the interest of orderliness and efficiency. (Cabandong vs. Judge Calderon, AM No. RTJ-8943, 20 Feb. 1990) ‘Aludge did not disclose that he had pending criml- nal cases filed against him at the time of his ap- pointment. His defense was that he is presumed innocent of the charges before his conviction. May he be removed for such non-disclosure? ‘Yes, He had the duty to disclose such information to enable the appointing authority to determine his eligibility for the office. Every prospective appointee must apprise the appointing authority of every mat- ter hearin on his fitness for judicial office, includ- ing those that reflect on his integrity and probity as he On ar uoten. (3) of the 1987 Consti- n. (Office of the Court Administrator vs. J Estacion, AM RTJ.87.104, 11 Jan, 1980) ue May a lawyor terminate his bar membership? Yes, under See. 21, Art. If of th 21, Art, ie IBP By-Laws, a 73- year old lawyer who had not practiced hia profes- on ne his retirement as a government official as allowed to terminate by the Court after filing 20. 24. a QUESTIONS AND ANSWERS IN LEGAL ETHICS 15 the requisite verified notice of termination with the Secretary of the Integrated Bar. (In re Atty. Jose Principe, Bar No. 543, 20 Sept. 1990) May the Solicitor General refuse to appearinacase if he disagrees with the stand of a government agency seeking to be represented by his office? No, Even if the opinion of the Solicitor General is, inconsistent with the government or any ofits agen- cies he is expected to represent, he should still ap- pear and inform the Court of his stand. ‘Thus, in criminal cases, the Solicitor General may recommend acquittal. The Solicitor General is the lawyer of the government in any litigation pro- ceeding, investigation, or matter requiring the serv- jces of a lawyer. The only exception is when such officials or agents are being charged criminally or are being civilly sued for damages arising from a felony. (Orbos vs. Civil Service Commission, G.R. No. 92561, 12 Sept. 1990) Atty. V was the managing partner of a partnership HUV and at the same time legal counsel of L, in the latter's capacity as a special administrator of the Intestate estate of F. The partnership HJV and the ‘estate represented by L executed a lease contract cover sugar lands owned by the estate with Atty. V signing as manager of the partnership. Charged with misconduct, his defense was that he only acted as agent of HJV, and also the heirs of the estate acquiesced and consented to the contract. ts this tenable? No. This conduct is contrary to Arts, 1461 and 1646 of the New Civil Code, prohibiting acquisition of the client's property, Canon 1 of the Code of Professional Responsibility and Secs. 3 and 26, Rule 188, Rules of Court. (See Mananguil vs. Villagas, Adm. 2430, ) 30 August 1