Duties of the various stakeholders in the judicial system

(A comparative table)

Lawyers Judges Court Personnel

(Acting as counsel for litigants) (particularly lawyers)

Sources of duties Lawyer’s Oath Lawyer’s Oath Lawyer’s Oath

and Code of Professional Responsibility Code of Professional Responsibility
responsibilities Rule 138, Section 20 (Rules of Court) Rule 138, Section 20 (Rules of Court)
New Code of Judicial Conduct (NCJC)
Code of Judicial Conduct (CJC)
Republic Act No. 6713
Republic Act No. 3019
Civil Service Rules
Code of Professional Responsibility
Rule 138, Section 20 (Rules of Cou
Code of Conduct of Court Personne
Republic Act No. 6713
Republic Act No. 3019
Civil Service Rules

Fees/Remuneration

An attorney shall be entitled to have and recover A remuneration set and paid by the government in Subject to and as may
Duties and
from his client no more than a reasonable performing his official duties. provided by the law the c
prohibitions
compensation for his services, with a view to the may, in its discretion and
importance of the subject matter of the controversy, paid by the government.
the extent of the services rendered, and the
professional standing of the attorney.
 

Absolute Fee Contingent Fee Champertous

 An Contract Contract
arrangement  Usually a  Usually a fixed
entitles a fixed percentage of
lawyer to get percentage of what may
paid for his what may recovered in
efforts recovered in the action
regardless of the action depends upon
the outcome of depends upon the success of
the litigations; the success of the litigation
he does not the litigation  Lawyers
 Duties of the various stakeholders in the judicial system
(A comparative table)
assume any  Lawyer agrees undertakes to
risk or to be paid bear all
uncertainty that depending on expenses for
his the success of recovery of
compensation his efforts, not the things
will not be necessary for claimed by
paid. the same the client,
 Client bears money or when the
the expenses payment client agrees
subject of the to pay a
case. portion of the
thing/s
 Client bears recovered as
the expenses. compensation
It must be in  This is
writing prohibited /
illegal

Practice of Law

Executive Absolutely prohibited from Judiciary Absolutely prohibited Office of the Abso
Limitations and Department practicing law not allowed to from practicing law not Solicitor General proh
 Judges and
prohibitions
 President of the engage in the practice of law in the court employees allowed to engage in the  Solicitors and trial pract
Philippines Philippines. of superior practice of law in the lawyers of the allow
 Vice-President courts Philippines. Office of the the p
 Members of  Judges and Solicitor General the P
the Cabinet court employees Department of Abso
 Deputies, of lower courts Justice proh
assistants of Judiciary Allowed to engage in  Government pract
the President,  Retired Justice / the practice of law, prosecutors under allow
Vice-President Judge subject to certain the DOJ the p
 Duties of the various stakeholders in the judicial system
(A comparative table)
and Members restrictions. the P
of the Cabinet Public Attorney’s Gene
A retire justice/judge Office from
receiving pension from  PAO lawyers with
Constitutional Absolutely prohibited from the government cannot exce
Offices practicing law not allowed to act as counsel in any
 Members and engage in the practice of law in the civil case in which the Exce
Chairman of the Philippines. government or any of its Case
Constitutional agencies is the adverse imm
Commissions party or in a criminal mem
 Ombudsman case wherein an officer writt
and Deputy or employee of the of th
Ombudsman government is accused Attor
Legislative Allowed to engage in the private of an offense in relation be ob
Department practice of law, subject to certain to his office Other Lawyers in
 Senators restricts. civil service Allow
 Members of the
the House of No Senators or member of the of l
Representative House of Representative is certa
s allowed to personally appear as
counsel before any court of justice, Civil
quasi-judicial and other or em
administrative bodies. secur
perm
They are allowed to engage in of
other aspects of the law practice conc
such as giving of legal advice to such
clients, negotiating contracts on expre
behalf of clients and similar from
others.
Local Government Absolutely prohibited from But
Unit practicing law not allowed to autho
 Governors engage in the practice of law in the head
Philippines.
 Duties of the various stakeholders in the judicial system
(A comparative table)
 City and depa
municipal in an
mayors repre
Local Government Allowed to engage in the private or a
Unit practice of law, subject to certain frien
 Sanggunian restrictions
members Restrictions/Prohibited to:
 Appear as counsel before any AM No. 03-06-13-
court in any civil case wherein Canon III, Section 1:
a LGU or any office, agency or
instrumentality of the
government is the adverse SECTION 1. C
party;
 Appear as counsel in any
personnel shall av
criminal case wherein an conflicts of interest
officer or employee of the performing official dut
national or local government is Every court personne
accused of an offense required to exerc
committed in relation to his utmost diligence in be
office
aware of conflicts
 Collect any fee for their
appearance in administrative interest, disclos
proceedings involving the local conflicts of interest to
government unit of which he is designated authority,
an official terminating them as t
 Use property and personnel of arise. (a) A conflict
the government except when interest exist when: (i)
the Sanggunian member
concerned is defending in the court personnel’s objec
interest of the government. ability or independence
judgment in perform
official duties is impa
or may reasonably app
 Duties of the various stakeholders in the judicial system
(A comparative table)
to be impaired; or (ii)
court personnel,
personnel’s immed
family, or the personn
business or other finan
Canon 15, Rule 15.03 of the Code of
interest would de
Professional Responsibility:
A.M. No. 03-05-01-SC Adopting the financial gain because
New Code of Judicial Conduct for the personnel’s official
Conflict of "[a] lawyer shall not represent conflicting
the Philippine Judiciary (b) No conflict of inte
Interest interests except by written consent of all
exists if any ben
concerned given after a full disclosure of the
accrues to the c
facts." Canon 1
personnel as a membe
a profession, business
There is conflict of interest when a lawyer SEC. 3. Judges shall refrain from
group to the same ex
represents inconsistent interests of two or influencing in any manner the
as any other member
more opposing parties. The test is "whether outcome of litigation or dispute
such profession, busine
or not in behalf of one client, it is the pending before another court or
or group who does
lawyer's duty to fight for an issue or claim, administrative agency. SEC. 4.
hold a position in
but it is his duty to oppose it for the other Judges shall not allow family, social,
Judiciary. (c) The t
client. In brief, if he argues for one client, or other relationships to influence
“immediate family” s
this argument will be opposed by him judicial conduct or judgment. The
include the follow
when he argues for the other client." prestige of judicial office shall not be
whether related by blo
used or lent to advance the private
marriage or adoption:
This rule covers not only cases in which interests of others, nor convey or
spouse, (b) children,
confidential communications have been permit others to convey the
brother, (d) sister,
confided, but also those in which no impression that they are in a special
parent, (f) grandparent,
confidence has been bestowed or will be position to influence the judge.
grandchildren, (h) fath
used. Also, there is conflict of interests if the
in-law, (i) mother-in-law
acceptance of the new retainer will require
 Duties of the various stakeholders in the judicial system
(A comparative table)
the attorney to perform an act which will sister-in-law, (k) broth
injuriously affect his first client in any matter in-law, (l) son-in-law,
in which he represents him and also whether daughter-inlaw,
he will be called upon in his new relation to stepfather, (o) stepmot
use against his first client any knowledge (p) stepson,
acquired through their connection. Another stepdaughter,
test of the inconsistency of interests is stepbrother, (s) stepsis
whether the acceptance of a new relation will (f) half-brother, (u) h
prevent an attorney from the full discharge of sister
his duty of undivided fidelity and loyalty to his
client or invite suspicion of unfaithfulness or
double dealing in the performance thereof

Rules of Court. Rule 138, Section 1 A.M. No. 03-05-01-SC Adopting the Court Personnel are
Definition
New Code of Judicial Conduct for personnel in the judic
RULE 138 the Philippine Judiciary who are not justices
Attorneys and Admission to Bar judges
Canon 1, Section 1

SECTION 1. Judges shall exercise the judicial

Section 1. 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.
function independently on the basis of their
assessment of the facts and in accordance with a
conscientious understanding of the law, free of
any extraneous influence, inducement, pressure,
threat or interference, direct or indirect, from any
quarter or for any reason.
 Duties of the various stakeholders in the judicial system
(A comparative table)
Protect the rule of law and human rights
Duties (Code of Professional Responsibility) (Code of Professional Responsibility) (Code of Professional Responsib

Canon 1 A LAWYER SHALL UPHOLD THE CONSTITUTION, Canon 1 A LAWYER SHALL UPHOLD THE Canon 1 A LAWYER SH
OBEY THE LAWS OF THE LAND CONSTITUTION, OBEY THE LAWS OF THE LAND UPHOLD THE CONSTITUT
OBEY THE LAWS OF THE LAN
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, Rule 1.01 - A lawyer shall not engage in unlawful,
immoral or deceitful conduct. dishonest, immoral or deceitful conduct. Rule 1.01 - A lawyer shall not en
in unlawful, dishonest, immor
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at Rule 1.02 - A lawyer shall not counsel or abet deceitful conduct.
defiance of the law or at lessening confidence in the legal activities aimed at defiance of the law or at lessening
system. confidence in the legal system. Rule 1.02 - A lawyer shall
counsel or abet activities aime
defiance of the law or at lesse
(Lawyer’s Oath) (Lawyer’s Oath) confidence in the legal system.

I will maintain allegiance to the Republic of the Philippines, I will I will maintain allegiance to the Republic of the
support the Constitution and obey the laws as well as the legal Philippines, I will support the Constitution and obey (Lawyer’s Oath)
orders of the duly constituted authorities therein. the laws as well as the legal orders of the duly
constituted authorities therein. I will maintain allegiance to
Republic of the Philippines,
Rule 138, Sec. 20) support the Constitution and obe
(a) To maintain allegiance to the Republic of the Philippines and (Rule 138, Sec. 20) laws as well as the legal orders o
to support the Constitution and obey the laws of the Philippines. (a) To maintain allegiance to the Republic of the duly constituted authorities there
Philippines and to support the Constitution and obey
Promote respect for the legal system, courts, judicial the laws of the Philippines.
officers and legal profession (Rule 138, Sec. 20)
(Code of Professional Responsibility) (a) To maintain allegiance to
(Code of Professional Responsibility) Republic of the Philippines an
Canon 1 PROMOTE RESPECT FOR LAW OF THE support the Constitution and obe
Canon 1 PROMOTE RESPECT FOR LAW OF THE LAND AND LAND AND LEGAL PROCESSES laws of the Philippines.
LEGAL PROCESSES
Rule 1.02 - A lawyer shall not counsel or abet (Code of Professional Responsib
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at activities aimed at defiance of the law or at lessening
defiance of the law or at lessening confidence in the legal confidence in the legal system. Canon 1 PROMOTE RESPECT
system. LAW OF THE LAND AND LE
CANON 11 - A LAWYER SHALL OBSERVE AND PROCESSES
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN MAINTAIN THE RESPECT DUE TO THE COURTS
THE RESPECT DUE TO THE COURTS AND TO JUDICIAL AND TO JUDICIAL OFFICERS AND SHOULD Rule 1.02 - A lawyer shall
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY INSIST ON SIMILAR CONDUCT BY OTHERS. counsel or abet activities aime
 Duties of the various stakeholders in the judicial system
(A comparative table)
OTHERS. defiance of the law or at lesse
Rule 11.03 - A lawyer shall abstain from scandalous, confidence in the legal system.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive offensive or menacing language or behavior before
or menacing language or behavior before the Courts. the Courts. CANON 11 - A LAWYER SH
OBSERVE AND MAINTAIN
Rule 11.04 - A lawyer shall not attribute to a Judge motives not RESPECT DUE TO THE COU
supported by the record or have no materiality to the case. Rule 11.04 - A lawyer shall not attribute to a Judge AND TO JUDICIAL OFFICERS
motives not supported by the record or have no SHOULD INSIST ON SIM
Rule 11.05 - A lawyer shall submit grievances against a judge to materiality to the case. CONDUCT BY OTHERS.
the proper authorities only.
Rule 11.03 - A lawyer shall ab
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS Rule 11.05 - A lawyer shall submit grievances from scandalous, offensive
OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY against a judge to the proper authorities only. menacing language or beh
WHICH TENDS TO INFLUENCE, OR GIVES THE before the Courts.
APPEARANCE OF INFLUENCING THE COURT. CANON 13 - A LAWYER SHALL RELY UPON THE
MERITS OF HIS CAUSE AND REFRAIN FROM Rule 11.04 - A lawyer shal
Rule 13.01 - A lawyer shall not extend extraordinary attention or ANY IMPROPRIETY WHICH TENDS TO attribute to a Judge motives
hospitality to, nor seek opportunity for cultivating familiarity with INFLUENCE, OR GIVES THE APPEARANCE OF supported by the record or hav
Judges. INFLUENCING THE COURT. materiality to the case.

Rule 13.02 - A lawyer shall not make public statements in the Rule 11.05 - A lawyer shall su
media regarding a pending case tending to arouse public grievances against a judge to
opinion for or against a party. proper authorities only.
Rule 13.02 - A lawyer shall not make public
Rule 13.03 - A lawyer shall not brook or invite interference by statements in the media regarding a pending case CANON 13 - A LAWYER SH
another branch or agency of the government in the normal tending to arouse public opinion for or against a RELY UPON THE MERITS OF
course of judicial proceedings. party. CAUSE AND REFRAIN FROM
IMPROPRIETY WHICH TENDS
Rule 15.06. - A lawyer shall not state or imply that he is able to Rule 13.03 - A lawyer shall not brook or invite INFLUENCE, OR GIVES
influence any public official, tribunal or legislative body. interference by another branch or agency of the APPEARANCE OF INFLUENC
government in the normal course of judicial THE COURT.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE proceedings.
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION. Rule 13.01 - A lawyer shal
Rule 15.06. - A lawyer shall not state or imply that he extend extraordinary attention
is able to influence any public official, tribunal or hospitality to, nor seek opportuni
legislative body. cultivating familiarity with Judges

CANON 7 - A LAWYER SHALL AT ALL TIMES Rule 13.02 - A lawyer shall not m
UPHOLD THE INTEGRITY AND DIGNITY OF THE public statements in the m
LEGAL PROFESSION. regarding a pending case tendi
 Duties of the various stakeholders in the judicial system
(A comparative table)
arouse public opinion for or agai
(Lawyer’s Oath) party.

I will obey the laws as well as the legal orders of the duly Rule 13.03 - A lawyer shall not b
constituted authorities therein. or invite interference by an
branch or agency of the govern
will conduct myself as a lawyer according to the best of my in the normal course of ju
knowledge and discretion, with all good fidelity as well to the proceedings.
courts as to my clients (Lawyer’s Oath)
Rule 15.06. - A lawyer shall not
I will obey the laws as well as the legal orders of the or imply that he is able to influ
(Rule 138, Sec. 20) duly constituted authorities therein. any public official, tribuna
legislative body.
(b) To observe and maintain the respect due to the courts of will conduct myself as a lawyer according to the best
justice and judicial officers of my knowledge and discretion, with all good fidelity CANON 7 - A LAWYER SHAL
as well to the courts as to my clients ALL TIMES UPHOLD
Discourage unnecessary litigation INTEGRITY AND DIGNITY OF
LEGAL PROFESSION.
(Code of Professional Responsibility) (Rule 138, Sec. 20)

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, (b) To observe and maintain the respect due to the
encourage any suit or proceeding or delay any cause. courts of justice and judicial officers

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or

settle a controversy if it will admit of a fair settlement.

Rule 12.02 - A lawyer shall not file multiple actions arising from (Lawyer’s Oath)
the same cause.
I will obey the laws as well as
Rule 15.04. - A lawyer may, with the written consent of all legal orders of the duly consti
concerned, act as mediator, conciliator or arbitrator in settling authorities therein.
disputes.
will conduct myself as a la
Rule 15.05. - A lawyer when advising his client, shall give a according to the best of
candid and honest opinion on the merits and probable results of knowledge and discretion, wit
the client's case, neither overstating nor understating the good fidelity as well to the cour
prospects of the case. to my clients

(Lawyer’s Oath) (Rule 138, Sec. 20)

 Duties of the various stakeholders in the judicial system
(A comparative table)

I will not wittingly or willingly promote or sue any groundless, (b) To observe and maintain
false or unlawful suit, or give aid nor consent to the same respect due to the courts of ju
and judicial officers
(Rule 138, Sec. 20)

c) To counsel or maintain such actions or proceedings only as (Code of Professional Responsib

appear to him to be just, and such defenses only as he believes
to be honestly debatable under the law. Rule 1.03 - A lawyer shall not, fo
corrupt motive or interest, encou
(d) To employ, for the purpose of maintaining the causes any suit or proceeding or delay
confided to him, such means only as are consistent with truth cause.
and honor, and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact or law; (Code of Professional Responsibility)
Rule 1.04 - A lawyer shall encou
his clients to avoid, end or se
Assist in the speedy and efficient administration of justice Rule 1.03 - A lawyer shall not, for any corrupt motive
controversy if it will admit of a
or interest, encourage any suit or proceeding or
settlement.
(Code of Professional Responsibility) delay any cause.
Rule 12.02 - A lawyer shall no
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT multiple actions arising from
AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY same cause.
AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 15.04. - A lawyer may, wit
Rule 12.04 - A lawyer shall not unduly delay a case, impede the written consent of all concerned
execution of a judgment or misuse court processes. as mediator, conciliator or arbi
in settling disputes.
Rule 10.03 - A lawyer shall observe the rules of procedure and
shall not misuse them to defeat the ends of justice. Rule 15.05. - A lawyer when adv
Rule 15.04. - A lawyer may, with the written consent
his client, shall give a candid
of all concerned, act as mediator, conciliator or
honest opinion on the merits
arbitrator in settling disputes.
probable results of the client's
neither overstating nor underst
the prospects of the case.

(Lawyer’s Oath)
(Lawyer’s Oath)
I will not wittingly or willingly pro
I will delay no man for money or malice or sue any groundless, fals
(Lawyer’s Oath)
unlawful suit, or give aid nor con
 Duties of the various stakeholders in the judicial system
(A comparative table)
to the same
(Rule 138, Sec. 20) I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid nor (Rule 138, Sec. 20)
(g) Not to encourage either the commencement or the consent to the same
continuance of an action or proceeding, or delay any man's c) To counsel or maintain
cause, from any corrupt motive or interest; (Rule 138, Sec. 20) actions or proceedings only
appear to him to be just, and
c) To counsel or maintain such actions or defenses only as he believes t
proceedings only as appear to him to be just, and honestly debatable under the law
such defenses only as he believes to be honestly
debatable under the law. (d) To employ, for the purpos
maintaining the causes confide
(d) To employ, for the purpose of maintaining the him, such means only as
causes confided to him, such means only as are consistent with truth and honor
consistent with truth and honor, and never seek to never seek to mislead the judg
mislead the judge or any judicial officer by an artifice any judicial officer by an artific
or false statement of fact or law; false statement of fact or law;

Lawyers Judges Court Personnel

Prohibitions Prohibitions: Prohibitions:
a) A judge should not, unless it is Prohibitions:
a) Unlawful retention of client’s funds. It shall be unavoidable, sit in litigation where a near a) Court personnel shall not
unlawful for an attorney to unjustly retain in his relative is a party or of counsel and he their official position
hands money of his client after it has been should not suffer his conduct to create the secure unwarranted ben
demanded, he may be punished for contempt. impression that any person can unduly privileges or exemptions
(Rule 138, Section 25, Revised Rules of Court) influence him or enjoy his favor, or that he themselves or for ot
is affected by the rank, position, or (Canon 1, Section 1, Cod
b) A lawyer shall not engage in unlawful, dishonest, influence of any party. (Canon of Judicial Conduct of Court Personn
immoral or deceitful conduct. (Canon 1, Rule 1.01) Ethics, Paragraph 12) b) Court personnel shall
b) A judge should not be swayed by public solicit or accept any
c) A lawyer shall not counsel or abet activities aimed
claim or considerations of personal favor or benefit based on
at defiance of the law or at lessening confidence in
the legal system. (Canon 1, Rule 1.02) popularity. (Canon of Judicial Ethics, explicit or im
Paragraph 13) understanding that such
d) A lawyer shall not, for any corrupt motive or c) Justice should not be bounded by the favor or benefit
interest, encourage any suit or proceeding or delay
 Duties of the various stakeholders in the judicial system
(A comparative table)
any man's cause. (Canon 1, Rule 1.03) individual idiosyncrasies of those who influence their of
administer it and he should not compel actions. (Canon 1, Sectio
e) A lawyer shall not reject, except for valid reasons, persons convicted or accused to submit to Code of Conduct of C
the cause of the defenseless or the oppressed.
some humiliating act or discipline of his Personnel)
(Canon 2, Rule 2.01)
own devising, without authority of law. c) Shall not discriminate
f) Refusal to render legal advice to the person (Canon of Judicial Ethics, Paragraph 19) dispensing special favor
concerned if only to the extent necessary to d) No judge or other official or employee of anyone. They shall not a
safeguard the latter's rights. (Canon 2, Rule 2.02) the superior courts or of the Office of the kinship, rank, position
Solicitor General, shall engage in private favors from any party
g) A lawyer shall not do or permit to be done any act
practice as a member of the bar or give influence their official ac
designed primarily to solicit legal business. (Canon
2, Rule 2.03) professional advice to clients. (Rule 138, duties. (Canon 1, Sectio
Section 35, Revised Rules of Court) Code of Conduct of C
h) A lawyer shall not charge rates lower than those e) Judges shall refrain from influencing in any Personnel)
customarily prescribed unless the circumstances so manner the outcome of litigation or dispute d) Shall not accept any fe
warrant. (Canon 2, Rule 2.04) pending before another court or remuneration beyond
administrative agency. (New Code of they receive or are entitle
i) A lawyer shall not use or permit the use of any
Judicial Conduct, Section 3) in their official capa
false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or f) Judges shall not allow family, social, or (Canon 1, Section 4, Cod
claim regarding his qualifications or legal services. other relationships to influence judicial Conduct of Court Personn
(Canon 3, Rule 3.01) conduct or judgment. The prestige of e) Shall not disclose to
judicial office shall not be used or lent to unauthorized person
j) A lawyer shall not pay or give anything of value to advance the private interests or others, nor confidential inform
representatives of the mass media in anticipation
convey the impression that they are in acquired by them w
of, or in return for, publicity to attract legal
business. (Canon 3, Rule 3.04) special position to influence the judge. employed in the Judic
(New Code of Judicial Conduct, Canon 1, whether such inform
k) The suppression of facts or the concealment of Section 4) came from authorized
witnesses capable of establishing the innocence of g) Judges are prohibited to make any unauthorized sou
the accused is highly reprehensible and is cause comment in public or otherwise that might (Canon 2, Section 1, Cod
for disciplinary action. (Canon 6, Rule 6.01)
affect the fair trial of any person or issue. Conduct of Court Personn
l) A lawyer in the government service shall not use (New Code of Judicial Conduct, Canon 3, f) Former court personnel
 Duties of the various stakeholders in the judicial system
(A comparative table)
his public position to promote or advance his Section 3) not disclose confide
private interests nor allow the latter to interfere h) Judges shall avoid impropriety and the information acquired by t
with his public duties. (Canon 6, Rule 6.02) appearance of impropriety in all of their during their employmen
activities. (Canon 4, Section 1, New Code of the Judiciary when disclo
m) A lawyer shall not, after leaving a government
service, accept engagement or employment in Judicial Conduct) by current personnel of
connection with any matter in which he had i) Avoid participation in the determination of a same information w
intervened while in said service. (Canon 6, Rule 6. case in which any member of their family constitute beach
03) represents a litigant or is associated in any confidentiality. Any disclo
manner with the case. (Canon 4, Section 4, in violation of this prov
New Code of Judicial Conduct) shall constitute ind
j) Shall not allow the use of their residence by contempt of court. (Cano
a member of the legal profession to receive Section 4, Code of Con
clients of the latter or of other members of of Court Personnel)
the legal profession. (Canon 4, Section 5, g) Shall avoid conflict of int
New Code of Judicial Conduct) in performing official du
k) Shall not use or lend the prestige of the Every court personne
judicial office to advance their private required to exercise ut
interests, or those of a member of their diligence in being awar
family or anyone else, nor shall convey or conflict of interest, disclo
permit others to convey the impression that conflict of interest to
anyone is in a special position improperly to designated authority,
influence them in the performance of terminating them as
judicial duties. (Canon 4, Section 8, New arise. (Canon 3, Sectio
Code of Judicial Conduct) Code of Conduct of C
l) Shall not participate law whilst the holder of Personnel)
judicial office. (Canon 4, Section 11, New h) Court personnel shall not
Code of Judicial Conduct) I. Enter into
m) Shall not knowingly permit court staff or contract with
others subject to their influence, direction judiciary for:
or authority, to ask for, or accept, any gift, i. Services;
Duties of the various stakeholders in the judicial system
(A comparative table)
bequest, loan or favor in relation to ii. Lease
anything done or to be done or omitted to property;
be done in connection with their duties or iii. Sale
functions. (Canon 4, Section 14, New Code property;
of Judicial Conduct) iv. Use
n) Shall not, in the performance of judicial position
duties, by words or conduct, manifest bias assist
or prejudice towards any person or group member o
on irrelevant grounds. (Canon 5, Section 2, personnel’
New Code of Judicial Conduct) immediate
o) Shall not engage in conduct incompatible family
with the diligent discharge of judicial securing
duties. . (Canon 6, Section 7, New Code of contract
Judicial Conduct) the Judi
in a ma
not avai
to any o
interested
party. (C
3, Section
Code
Conduct
Court
Personnel)
g) Shall not receive tips or o
remuneration for assisting
attending to parties engage
transactions involved in action
proceeding with the judic
(Canon 3, Section 2(b), Cod
Conduct of Court Personnel)
Duties of the various stakeholders in the judicial system
(A comparative table)

i) Shall not participate in

official action involvin
party with whom either
court personnel or
member of the c
personnel’s immediate fa
is negotiating for fu
employment. . (Canon
Section 2(c), Code
Conduct of Court Personn
j) Shall not knowingly em
or recommend
employment any membe
the court person
immediate family. . (Cano
Section 2(d), Code
Conduct of Court Personn
k) Shall not solicit or accept
gift, loan, gratuity, disco
favor, hospitality or se
under circumstances
which it could reason
inferred that a major pur
of the donor is to influ
the court personnel
performing official dutie
(Canon 3, Section 2(e), C
of Conduct of C
Personnel)
 Duties of the various stakeholders in the judicial system
(A comparative table)
l) Shall not alter, fa
destroy or mutilate
record under their con
(Canon 4, Section 3, Cod
Conduct of Court Personn
m) Shall not discriminate
manifest by, word
conduct, bias or preju
based on race, reli
national or ethnic or
gender or political affilia
(Canon 4, Section 4, Cod
Conduct of Court Personn
n) Shall not recommend pr
attorneys to litig
prospective litigants,
anyone dealing with
judiciary. (Canon 4, Se
5, Code of Conduct of C
Personnel)

Rule 138. Sec. 27 (Rules of Court) - Attorneys removed or
Disqualifications 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 willful disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney for a
Rule 137. Sec. 1 (Rules of Court) - No judge or Canon III, Section 2, AM No
judicial officer shall sit in any case in which he, or 06-13-SC
his wife or child, is pecuniarily interested as heir, CODE OF CONDUCT
legatee, creditor or otherwise, or in which he is COURT PERSONNEL
related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the Court personnel shall not:
fourth degree, computed according to the rules of (a) Enter into any contract with
the civil law, or in which he has been executor, Judiciary for services, lease or
administrator, guardian, trustee or counsel, or in of property apart from the
which he has presided in any inferior court when employment contract relating t
 Duties of the various stakeholders in the judicial system
(A comparative table)
party to a case without authority so to do. The practice of his ruling or decision is the subject of review, personnel’s position; nor use
soliciting cases at law for the purpose of gain, either without the written consent of all parties in interest, position to assist any member
personally or through paid agents or brokers, constitutes signed by them and entered upon the record. of the personnel’s immediate fa
malpractice. in securing a contract with
A judge may, in the exercise of his sound Judiciary in a manner not availa
discretion, disqualify himself from sitting in a case, to any other interested party.
for just or valid reasons other than those (b) Receive tips or
mentioned above. remunerations for assisting
attending to parties engage
transactions or
involved in actions or proceed
with the Judiciary.
(c) Participate in any official a
involving a party with whom e
the court personnel or any
member of the person
immediate family is negotiatin
future employment.
(d) Knowingly employ
recommend for employment
member of the court person
immediate
family.
(e) Solicit or accept any gift,
gratuity, discount, favor, hosp
or service under circumstances
from which it could reasonabl
inferred that a major purpose o
donor is to influence the court
personnel in performing o
duties.
“Immediate Immediate family is limited to the spouse, parents, A.M. No. 03-05-01-SC - Adopting the New Code Canon III, Section 1, AM No
family” stepparents, foster parents, father-in-law, mother-in-law, of Judicial Conduct for the Philippine Judiciary 06-13-SC, CODE OF COND
children, stepchildren, foster children, sons-in-law, FOR COURT PERSONNEL
daughters-in-law, grandparents, grandchildren, brothers, “Judge’s family” includes a judge’s spouse, son,
sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, daughter, son-in-law, daughter in law, and any (c) The term “immediate fa
nephews, and first cousins. other relative by consanguinity or affinity within the shall include the following wh
 Duties of the various stakeholders in the judicial system
(A comparative table)
sixth civil degree, or person who is a companion related by blood, marriage or
or employee of the judge and who lives in the adoption: (a) spouse, (b) chil
judge’s household. (c) brother, (d) sister, (e) paren
grandparent, (g) grandchildren,
(h) father-in-law, (i) mother-in
(j) sister-in-law, (k) brother-in
(l) son-in-law, (m) daughter-in
(n) stepfather, (o) stepmother
stepson, (q) stepdaughter,
stepbrother, (s) stepsister, (f)
half-brother, (u) half-sister.
“
Bribery and Gift-Giving

Lawyer’s Oath New Code of Judicial Conduct (NCJC) Code of Conduct of Court Personne
Duties and Code of Professional Responsibility A.M. No. 03-06-13-SC
prohibitions
Rule 20.03 Section 13 SEC. 2.
Judges and members of their families shall neither ask for,
A lawyer shall not, without the full knowledge and consent of the nor accept, any gift, bequest, loan or favor in relation to Court personnel shall not solic
client, accept any fee, reward, costs, commission, interest, rebate or anything done or to be done or omitted to be done by him accept any gift, favor or benefit bas
forwarding allowance or other compensation whatsoever related to his or her in connection with the performance of judicial any or explicit or implicit understa
professional employment from anyone other than the client. duties. that such gift, favor or benefit
influence their official actions.

Confidentiality

Definition of Section 1 (2) of Canon II

“confidential No. 03-06-13-SC - Code
information”
Conduct for Court Personn

Confidential informa
means information not
made a matter of public rec
relating to pending cases
well as information not
 Duties of the various stakeholders in the judicial system
(A comparative table)
made public concerning
work of any justice or ju
relating to pending ca
including notes, dr
research papers, inte
discussions, inte
memoranda, records
internal deliberations
Canon 21 – A Lawyer Shall Preserve the Confidence Canon 4 – Propriety (A.M. No. 03-05-01-SC similar papers.
and Secrets of His Client Even After the Attorney- Adopting the New Code of Judicial Conduct
Client Relation is Terminated (Code of Professional for the Philippine Judiciary) Canon II – Confidentiality
Ethics) No. 03-06-13-SC - Code
SECTION 9. Confidential information Conduct for Court Personn
Canon 17 – A Lawyer Owes Fidelity to the Cause of acquired by judges in their judicial capacity
His Client and He Shall be Mindful of the Trust and shall not be used or disclosed for any other SECTION 1. (1) C
Confidence Reposed in Him (Code of Professional purpose related to their judicial duties. personnel shall not disclos
Ethics) any unauthorized person
confidential informa
Section 24 (b), Rule 130 (Rules of Court) Canon 2 – A Judge Should Avoid acquired by them w
Impropriety and the Appearance of employed in the judic
An attorney cannot, without the consent of his client, Impropriety in all Activities and Canon 3 – whether such informa
be examined as to any communication made by the Administrative Responsibilities (Code of came from authorized
client to him, or his advice given thereon in the Judicial Conduct) unauthorized sources.
course of, or with a view to, professional
employment, nor can an attorney's secretary, SECTION 2. Confide
stenographer, or clerk be examined, without the information available
consent of the client and his employer, concerning specific individuals by rea
any fact the knowledge of which has been acquired of statute, court rule
in such capacity administrative policy shall
disclosed only by pers
authorized to do so.

SECTION 3. Unless expre

 Duties of the various stakeholders in the judicial system
(A comparative table)
authorized by the designa
authority, court personnel s
not disclosed confide
information given by litiga
witnesses or attorneys
justices, judges or any o
person.

SECTION 4. Former c
personnel shall not disc
confidential informa
acquired by them during t
employment in the Judic
when disclosed by cur
court personnel of the sa
information would constitu
breach of confidentiality.
disclosure in violation of
provisions shall const
indirect contempt of court.

 Canon 15, Rule 15.02—A lawyer shall be bound by  Section 9 as last updated by OCA Circular  Canon II Confidentiality
Duties and the rule on privilege communication in respect of matters 103-06(2006)
prohibitions disclosed to him by a prospective client. (Code of Section 1. Court personnel sha
Professional Responsibility) Confidential Information acquired by the judges in disclose to any unautho
their judicial capacity shall not be used or person any confidential inform
 Rule 130 Section 24 (b) disclosed for any other purpose NOT related to acquired by them while empl
Section 24 Disqualification by reason of privileged their judicial duties. (New Code of Judicial in the judiciary, whether
communication.—The following persons cannot testify as to Conduct for the Philippine Judiciary) information came from autho
matters learned in confidence in the following cases: or unauthorized sources.

(b) An attorney cannot, without the consent of his client, be Confidential information m
examined as to any communication made by the client to information not yet made a m
him, or his advice given thereon in the course of, or with a of public record relating to pen
 Duties of the various stakeholders in the judicial system
(A comparative table)
view to, professional employment, nor can an attorney’s cases, as well as information
secretary, stenographer, or clerk be examined, without the yet made public concerning
consent of the client and his employer, concerning any fact work of any justice or judge rel
the knowledge of which has been acquired in such capacity. to pending cases, including n
(Rules of Court) drafts, research papers, int
discussion, internal memora
records of internal delibera
and similar papers.

The notes, drafts, research pa

internal discussions, int
memoranda, records of int
deliberations and similar pa
that a justice or judge use
preparing a decision, resolutio
order shall remain confidential
after the decision, resolutio
order is made public.

(Code of Conduct for C

For the attorney-client privilege to apply, the following
Scope requisites must be present:
1. Relationship of attorney and client;
2. Communication made by the client to the attorney,
or advice given by the latter to the former;
3. Communication or advise must have been made
confidentially;
4. Such communication must have been made in the
course of professional employment.
Absent the existence of all these requisites, the privilege
does not apply.
The privilege, however, is neither automatic nor unrestricted.
Communications between a lawyer and another individual
does not automatically mean that the communications are
covered by the attorney-client privilege. The requisites
Personnel)
Rule 137, Section 1. Disqualification of Judicial Canon II Confidentiality
Officers
Section 1. Court personnel sha
Section 1. Disqualification of judges— “…or in disclose to any unautho
which he has been executor, administrator, person any confidential inform
guardian, trustee or COUNSEL, or in which he acquired by them while empl
has presided in any inferior courts when his ruling in the judiciary, whether
or decision is the subject for review…” information came from autho
A judge may, in the exercise of his sound or unauthorized sources.
discretion, disqualify himself from sitting a case,
for just or valid reasons other than those The notes, drafts, research pa
mentioned above. internal discussions, int
memoranda, records of int
The judge is disqualified to hear, try and decide a deliberations and similar pa
case he previously handled as a counsel. that a justice or judge use
preparing a decision, resolutio
 Duties of the various stakeholders in the judicial system
(A comparative table)
mentioned above must be present. If the lawyer is a mere order shall remain confidential
employee or agent, and not acting in his professional after the decision, resolutio
capacity, the privilege will not apply. The fact that the order is made public.
employee or agent is also an attorney does not protect the
communications attending the acts with the privilege; hence, (Code of Conduct for C
the communications may be testified to by him or by any Personnel)
other agent. (Disini vs. The Honorable Sandiganbayan, et
al., G.R. No. 180564, June 22, 2010)
More specifically, the communication made by a client to his
attorney must not be intended for mere information, but for
the purpose of seeking legal advice from his attorney as to
his rights or obligations. Otherwise, the privilege does not
attach to the communication. (Mercado vs. Vitriolo, A.C. No.
5108, May 26, 2005)

Also, as a general rule, the privilege may not be invoked to

refuse to divulge the identity of the client. However, there are
exceptions, which are: (a) when a strong probability exists
that revealing the name would implicate that person in the
very same activity for which he sought the lawyer’s advice;
(b) when disclosure would open the client to liability; and (c)
when the name would furnish the only link that would form
the chain of testimony necessary to convict. (Regala, et al.
vs. The Honorable Sandiganbayan, G.R. No. 105938,
September 20, 1996.)

The client may waive the attorney’s confidentiality obligations

such that the attorney, if he chooses to, may disclose the
information in accordance with the waiver. In giving the
waiver, the client should be fully aware of the circumstance
and possible consequences that may arise. A waiver by the
client must be given before any disclosure. The privilege
does not prevent the attorney from discussing the
confidential information with members of his law office if it is
for the purpose of finding solutions to the client’s concerns.

Code of Professional Responsibility Code of Professional Conduct for the Code of Conduct for C
 Duties of the various stakeholders in the judicial system
(A comparative table)
Duties after Philippine Judiciary Personnel
end/termination of Canon 21-A
employment
Lawyer shall preserve the confidence and secrets of Section 9, Canon 4 Section 1, Canon II.
his client even after the Attorney-Client Relation is Confidential information acquired by judges Court personnel shall
terminated. in their judicial capacity shall not be used or disclose to any unauthor
disclosed for any other purpose NOT person any confide
Rule 21.01 related to their judicial duties. information acquired by t
A lawyer shall not reveal the confidences or secrets while employed in the judic
of his client except; whether such informa
a) When authorized by the client after acquainting came from authorized
him of the consequences of the disclosure; unauthorized sources.
b) When required by law;
c) When necessary to collect his fees or to defend Section 4.
himself, his employees or associates or by judicial Former court personnel s
action. not disclose confide
information acquired by t
during their employment in
Attorney’s Code of Ethics Judiciary when disclosed
current court personnel of
II. The Attorney’s Confidentiality same information w
constitute a breach
31. In order to preserve the attorney's secret, an confidentiality. Any disclo
attorney shall not disclose any information about the in violation of this provis
matters entrusted to him or her, even upon the shall constitute ind
termination of a case. contempt of court.

Undue Influence -(Art. 1337 of Civil Code)

There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances sha
considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or
ignorant or in financial distress.

Undue influence
directed towards CANNON 2, RULE 2.03
 Duties of the various stakeholders in the judicial system
(A comparative table)
A judge shall not allow family, social, or other
relationships to influence judicial conduct or
judgement. The prestige of judicial office shall not
be used or lent to advance the private interests of
others, nor convey or permit others to convey the
impression that they are in a special position to
influence the judge. (Code of Judicial Conduct)
judges

CANNON 2, RULE 2.04

A judge should refrain from influencing in any
manner the outcome of litigation or dispute
pending before another court or administrative
agency. (Code of Judicial Conduct)

Undue influence SEC. 3. Court personnel shal

exerted by other discriminate by dispensing sp
public officials, favors to anyone. They shal
tribunals, or allow kinship, rank, position
branches of favors from any party to influ
government their official acts or duties . (Co
Conduct for Court Personnel)

Influence exerted Rule 2.03 –- A lawyer shall not do or permit to be done any Rule 2.01- A judge should so behave at all times Rule 3.01 – A lawyer shall no
by media or act designed primarily to solicit legal business. (Code of as to promote public integrity and impartiality of false statement regarding
society Professional Responsibility) the judiciary (Code of Judicial Conduct) qualification or service. (Cod
Professional Responsibility)
 Not to solicit legal business
 This rule prohibits professional touting. Rule 2.02- a judge should not seek publicity for
The proscription against advertising of legal services or personal vainglory (Code of Judicial Conduct) The best advertising possible
solicitation of legal business aims to preserve the dignity that lawyer is a well-merited reput
the practice of law is primarily a form of public service. for professional capacity and fid
to trust
 Duties of the various stakeholders in the judicial system
(A comparative table)
General Rule: Solicitation of legal business not allowed.

Exception: When it is compatible with the dignity of the legal Rule 3.04 - A lawyer shall no
profession, made in a modest and decorous manner. or give anything of value
representatives of the mass m
Examples: ; Publication in a reputable law list of brief in anticipation of, or in return
biographical data and informative data. -The law list must be publicity to attract legal busines
a reputable law list published primarily for that purpose; it (Code of Profess
cannot be a mere supplemental feature of a paper, Responsibility)
magazine, trade journal or periodical which is published
principally for other purposes. ; Use of an ordinary simple
professional card. ; Have his name listed in a telephone Media publicity, as a norma
directory but not under a designation of special branch of product of efficient legal servi
law. ; Publication of a simple announcement. -The not improper. What is improp
announcement or representation should be in a form which for a lawyer to resort to a
does not constitute a statement or representation of special propaganda to secure m
experience or expertness. ; Write and sell for publication publicity for the purpose
articles of general nature on legal subjects. attracting legal business.

Purpose of the rule: Prevent s

lawyers from gaining an u
advantage over others through
use of gimmickry, press agent
other artificial means

Allowed advertisement. (Ca

27, Canons of Professi
Ethics)

Publication in reputable law lis

a manner consistent with
standards of conduct impose
those canons of brief biograp
and informative data is permiss
Such data must not be mislea
and may include only a state
Duties of the various stakeholders in the judicial system
(A comparative table)
of the lawyer's name and
names of his profess
associates; addresses, telep
numbers, cable addres
branches of the profes
practiced; date and place of
and admission to the bar; sch
attended; with dates of gradua
degrees and other educat
distinctions; public or quasi-p
offices; posts of honor;
authorship; legal teac
positions; memberships and of
in bar associations and commi
thereof, in legal and scie
societies and legal fraternities
fact of references; and, with
written consent, the names
clients regularly represented
certificate of compliance with
Rules and Standards issued b
Special Committee on Law
may be treated as evidence
such list is reputable

Prohibited Advertisem
(Canon 27, Canons
Professional Ethics)

It is unprofessional to s
professional employment
circulars, advertisements, thr
touters, or by pers
communications or interviews
warranted by personal relat
Indirect advertisements
professional employment suc
furnishing or inspiring newsp
 Duties of the various stakeholders in the judicial system
(A comparative table)
comments, or procuring
photograph to be publishe
connection with causes in w
the lawyer has been or is eng
or concerning the manner of
conduct, the magnitude of
interest involved, the importan
the lawyer's position, and all
like-laudation, offend the tradi
and lower the tone of
profession and are reprehens
but the customary use of si
professional cards is not impro

Use of public position for private interest

DUTIES DUTIES DUTIES

Duties and
prohibitions
LAWYER’S OATH NEW CODE OF JUDICIAL CONDUCT RULE 138 (RULES OF COUR

 I will not wittingly or willingly promote or Canon 1 Section 20. Duties of attorn

sue any groundless, false or unlawful suit, or Independence — It is the duty of an attorne
give aid nor consent to the same;
 I will delay no man for money or malice, and Section 3 (g) Not to encourage either
will conduct myself as a lawyer according to commencement or
Judges shall refrain from influencing in any
the best of my knowledge and discretion, continuance of an action
manner the outcome of litigation or dispute
with all good fidelity as well to the courts as proceeding, or delay any m
pending before another court or
to my clients; cause, from any corrupt mo
administrative agency.
or interest
Section 4
LAWYER’S OATH
Judges shall not allow family, social, or other
RULE 138 (RULES OF COURT)
 Duties of the various stakeholders in the judicial system
(A comparative table)
relationships to influence judicial conduct or  I will not wittingly o
Section 20. Duties of attorneys. — It is the duty of an judgment. The prestige of judicial office shall willingly promote o
attorney: not be used or lent to advance the private sue any groundless,
interests of others, nor convey or permit false or unlawful su
(g) Not to encourage either the commencement or the others to convey the impression that they are or give aid nor cons
continuance of an action or proceeding, or delay any in a special position to influence the judge. to the same;
man's cause, from any corrupt motive or interest;  I will delay no man
money or malice, an
will conduct myself
lawyer according to
best of my knowled
and discretion, with
good fidelity as well
the courts as to my
clients;

Republic Act No. 6713

Republic Act No. 6713
Section 4. Norms of Conduct of Public Officials
and Employees. - (A) Every public official and
Section 4. Norms of Conduc
employee shall observe the following as
Public Officials and Employe
standards of personal conduct in the
(A) Every public official
discharge and execution of official duties:
employee shall observe
following as standards
(a) Commitment to public interest. - Public
personal conduct in
officials and employees shall always uphold
discharge and execution
the public interest over and above personal
official duties:
interest. All government resources and
powers of their respective offices must be
(a) Commitment to pu
employed and used efficiently, effectively,
interest. - Public officials
 Duties of the various stakeholders in the judicial system
(A comparative table)
employees shall always up
honestly and economically, particularly to the public interest over
avoid wastage in public funds and revenues. above personal interest.
government resources
powers of their respec
offices must be employed
used efficiently, effecti
honestly and economic
particularly to avoid wastag
public funds and revenue.

PROHIBITIONS
PROHIBITIONS
CODE OF PROFESSIO
PROHIBITIONS RESPONSIBILITY
CODE OF PROFESSIONAL RESPONSIBILITY
NEW CODE OF JUDICIAL CONDUCT CANON 6 - THESE CAN
CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICES IN THE Canon 3 SHALL APPLY TO LAWYER
DISCHARGE OF THEIR TASKS. GOVERNMENT SERVICES
Impartiality THE DISCHARGE OF TH
Rule 6.02 - A lawyer in the government service shall
not use his public position to promote or advance his TASKS.
private interests, nor allow the latter to interfere with Section 5 Rule 6.02 - A lawyer in
his public duties. government service shall
Judges shall disqualify themselves from use his public position
participating in any proceedings in which promote or advance his pri
they are unable to decide the matter interests, nor allow the latte
impartially or in which it may appear to a interfere with his public dut
reasonable observer that they are unable to
decide the matter impartially. Such
proceedings include, but are not limited to, Republic Act No. 6713
instances where
Duties of the various stakeholders in the judicial system
(A comparative table)
a. The judge has actual bias or prejudice
concerning a party or personal knowledge Section 7. Prohibited Acts
of disputed evidentiary facts concerning Transactions. - In addition
the proceedings; acts and omissions of pu
officials and employees
b. The judge previously served as a
prescribed in the Constitu
lawyer or was a material witness in the
and existing laws, the follow
matter in controversy;
shall constitute prohibited
c. The judge, or a member of his or her and transactions of any pu
family, has an economic interest in the official and employee and
outcome of the matter in controversy; hereby declared to be unlaw
d. The judge served as executor, (a) Financial and mat
administrator, guardian, trustee or interest. - Public officials
lawyer in the case or matter in employees shall not, dire
controversy, or a former associate of or indirectly, have
the judge served as counsel during financial or material inte
their association, or the judge or in any transaction requi
lawyer was a material witness therein; the approval of their offic
e. The judge's ruling in a lower court is
the subject of review; (b) Outside employment
other activities rel
f. The judge is related by consanguinity thereto. - Public officials
or affinity to a party litigant within the employees during t
sixth civil degree or to counsel within incumbency shall not:
the fourth civil degree; or
g. The judge knows that his or her (1) Own, control, man
spouse or child has a financial interest, or accept employmen
as heir, legatee, creditor, fiduciary, or officer, emplo
otherwise, in the subject matter in consultant, cou
controversy or in a party to the broker, agent, truste
proceeding, or any other interest that nominee in any pri
could be substantially affected by the enterprise regula
Duties of the various stakeholders in the judicial system
(A comparative table)
outcome of the proceedings;
supervised or license
their office un
Republic Act No. 6713 expressly allowed by l

(2) Engage in the pri

Section 7. Prohibited Acts and Transactions. - practice of t
In addition to acts and omissions of public profession un
officials and employees now prescribed in the authorized by
Constitution and existing laws, the following Constitution or
shall constitute prohibited acts and provided, that
transactions of any public official and practice will not con
employee and are hereby declared to be or tend to conflict
unlawful: their official functions

(a) Financial and material interest. - Public (3) Recommend

officials and employees shall not, directly person to any positio
or indirectly, have any financial or material a private enterp
interest in any transaction requiring the which has a regula
approval of their office. pending off
transaction with t
(b) Outside employment and other office.
activities related thereto. - Public officials
and employees during their incumbency These prohibitions
shall not: continue to apply for a perio
one (1) year after resigna
(1) Own, control, manage or accept retirement, or separation f
employment as officer, employee, public office, except in the
consultant, counsel, broker, agent, of subparagraph (b) (2) ab
trustee or nominee in any private but the professional concer
enterprise regulated, supervised or cannot practice his professio
licensed by their office unless expressly connection with any ma
allowed by law; before the office he used t
Duties of the various stakeholders in the judicial system
(A comparative table)

(2) Engage in the private practice of with, in which case the one-
their profession unless authorized by prohibition shall likewise ap
the Constitution or law, provided, that
such practice will not conflict or tend to (c) Disclosure and/or mi
conflict with their official functions; or of confidential informati
Public officials
(3) Recommend any person to any employees shall not us
position in a private enterprise which divulge, confidential
has a regular or pending official classified informa
transaction with their office. officially known to them
reason of their office and
These prohibitions shall continue to apply for made available to the pu
a period of one (1) year after resignation, either:
retirement, or separation from public office,
except in the case of subparagraph (b) (2) (1) To further t
above, but the professional concerned cannot private interests, or
practice his profession in connection with any undue advantage
matter before the office he used to be with, in anyone; or
which case the one-year prohibition shall
likewise apply. (2) To prejudice
public interest.
(c) Disclosure and/or misuse of
confidential information. - Public officials (d) Solicitation
and employees shall not use or divulge, acceptance of gifts. - Pu
confidential or classified information officials and employees
officially known to them by reason of their not solicit or accept, dire
office and not made available to the public, or indirectly, any
either: gratuity, fa
entertainment, loan
(1) To further their private interests, anything of monetary v
or give undue advantage to anyone; or from any person in
course of their official du
Duties of the various stakeholders in the judicial system
(A comparative table)

(2) To prejudice the public interest. or in connection with

operation being regul
(d) Solicitation or acceptance of gifts. - by, or any transaction w
Public officials and employees shall not may be affected by
solicit or accept, directly or indirectly, any functions of their office.
gift, gratuity, favor, entertainment, loan or
anything of monetary value from any
person in the course of their official duties
or in connection with any operation being REPUBLIC ACT No. 301
regulated by, or any transaction which
may be affected by the functions of their Section 3. Corrupt practice
office. public officers

The following shall const

corrupt practices of any pu
REPUBLIC ACT No. 3019 officer and are hereby decl
to be unlawful:
Section 3. Corrupt practices of public officers
(a) Persuading, indu
The following shall constitute corrupt or influencing ano
practices of any public officer and are hereby public officer to perf
declared to be unlawful: an act constitutin
violation of rules
(a) Persuading, inducing or influencing regulations
another public officer to perform an promulgated
act constituting a violation of rules and competent authority
regulations duly promulgated by an offense in connec
competent authority or an offense in with the official dutie
connection with the official duties of the latter, or allow
the latter, or allowing himself to be himself to be persua
persuaded, induced, or influenced to induced, or influence
commit such violation or offense. commit such violatio
Duties of the various stakeholders in the judicial system
(A comparative table)

offense.
b) Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit, for himself or
for any other person, in connection b) Directly or indire
with any contract or transaction requesting or recei
between the Government and any any gift, present, sh
other part, wherein the public officer percentage, or ben
in his official capacity has to intervene for himself or for
under the law. other person,
connection with
(c) Directly or indirectly requesting or contract or transac
receiving any gift, present or other between the Governm
pecuniary or material benefit, for and any other
himself or for another, from any wherein the pu
person for whom the public officer, in officer in his off
any manner or capacity, has secured capacity has to interv
or obtained, or will secure or obtain, under the law.
any Government permit or license, in
consideration for the help given or to (c) Directly or indire
be given, without prejudice to Section requesting or recei
thirteen of this Act. any gift, present or o
pecuniary or mat
(d) Accepting or having any member benefit, for himself o
of his family accept employment in a another, from any pe
private enterprise which has pending for whom the pu
official business with him during the officer, in any manne
pendency thereof or within one year capacity, has secure
after its termination. obtained, or will se
or obtain,
(e) Causing any undue injury to any Government permit
party, including the Government, or license, in considera
Duties of the various stakeholders in the judicial system
(A comparative table)

giving any private party any for the help given o

unwarranted benefits, advantage or be given, wit
preference in the discharge of his prejudice to Sec
official administrative or judicial thirteen of this Act.
functions through manifest partiality,
evident bad faith or gross inexcusable (d) Accepting or ha
negligence. This provision shall apply any member of his fa
to officers and employees of offices or accept employment
government corporations charged private enterprise w
with the grant of licenses or permits or has pending off
other concessions. business with him du
the pendency thereo
(f) Neglecting or refusing, after due within one year afte
demand or request, without sufficient termination.
justification, to act within a reasonable
time on any matter pending before (e) Causing any un
him for the purpose of obtaining, injury to any p
directly or indirectly, from any person including
interested in the matter some Government, or gi
pecuniary or material benefit or any private party
advantage, or for the purpose of unwarranted bene
favoring his own interest or giving advantage or prefer
undue advantage in favor of or in the discharge of
discriminating against any other official administrativ
interested party. judicial funct
through man
(g) Entering, on behalf of the partiality, evident
Government, into any contract or faith or g
transaction manifestly and grossly inexcusable neglige
disadvantageous to the same, whether This provision
or not the public officer profited or apply to officers
will profit thereby. employees of office
Duties of the various stakeholders in the judicial system
(A comparative table)

(h) Director or indirectly having government

financing or pecuniary interest in any corporations cha
business, contract or transaction in with the grant of lice
connection with which he intervenes or permits or o
or takes part in his official capacity, or concessions.
in which he is prohibited by the
Constitution or by any law from having (f) Neglecting
any interest. refusing, after
demand or req
(i) Directly or indirectly becoming without suffic
interested, for personal gain, or having justification, to act w
a material interest in any transaction a reasonable time on
or act requiring the approval of a matter pending be
board, panel or group of which he is a him for the purpos
member, and which exercises obtaining, directly
discretion in such approval, even if he indirectly, from
votes against the same or does not person interested in
participate in the action of the board, matter some pecun
committee, panel or group. or material benefit
advantage, or for
Interest for personal gain shall be purpose of favoring
presumed against those public officers own interest or gi
responsible for the approval of undue advantage in f
manifestly unlawful, inequitable, or of or discrimina
irregular transaction or acts by the against any o
board, panel or group to which they interested party.
belong.
(g) Entering, on beha
(j) Knowingly approving or granting the Government, into
any license, permit, privilege or benefit contract or transac
in favor of any person not qualified for manifestly and gro
or not legally entitled to such license, disadvantageous to
Duties of the various stakeholders in the judicial system
(A comparative table)

permit, privilege or advantage, or of a same, whether or no

mere representative or dummy of one public officer profite
who is not so qualified or entitled. will profit thereby.

(k) Divulging valuable information of a (h) Director or indire

confidential character, acquired by his having financing
office or by him on account of his pecuniary interest in
official position to unauthorized business, contract
persons, or releasing such information transaction in connec
in advance of its authorized release with which he interv
date. or takes part in
official capacity, or
The person giving the gift, present, share, which he is prohibite
percentage or benefit referred to in the Constitution or
subparagraphs (b) and (c); or offering or any law from having
giving to the public officer the employment interest.
mentioned in subparagraph (d); or urging the
divulging or untimely release of the (i) Directly or indire
confidential information referred to in becoming interested
subparagraph (k) of this section shall, personal gain, or ha
together with the offending public officer, be a material interest in
punished under Section nine of this Act and transaction or
shall be permanently or temporarily requiring the approv
disqualified in the discretion of the Court, a board, panel or gr
from transacting business in any form with of which he is a mem
the Government. and which exerc
discretion in
approval, even if he v
against the same or
not participate in
action of the bo
committee, panel
Duties of the various stakeholders in the judicial system
(A comparative table)

group.

Interest for personal

shall be presu
against those pu
officers responsible
the approval
manifestly unlaw
inequitable, or irreg
transaction or acts by
board, panel or grou
which they belong.

(j) Knowingly appro

or granting any lice
permit, privilege
benefit in favor of
person not qualified
or not legally entitle
such license, per
privilege or advan
or of a m
representative
dummy of one who is
so qualified or entitle

(k) Divulging valu

information of
confidential chara
acquired by his offic
by him on account o
official position
Duties of the various stakeholders in the judicial system
(A comparative table)

unauthorized person
releasing
information in adv
of its authorized rel
date.

The person giving the

present, share, percentage
benefit referred to
subparagraphs (b) and (c)
offering or giving to the pu
officer the employm
mentioned in subparagraph
or urging the divulging
untimely release of
confidential informa
referred to in subparagraph
of this section shall, toge
with the offending public off
be punished under Section
of this Act and shall
permanently or tempor
disqualified in the discretio
the Court, from transac
business in any form with
Government.
Duties of the various stakeholders in the judicial system
(A comparative table)
Duties of the various stakeholders in the judicial system
(A comparative table)
Duties of the various stakeholders in the judicial system
(A comparative table)