AVA
o Filing of Petition – satisfactorily present a certificate of
Judicial Ethics Review
Practice Court 2 and Judicial Ethics Review ’21-‘22
Last minute musings by Ava
Notes:
 PPAI [Powers of the Supreme Court over the lawyers]
o Pleadings
o Practice
o Admission
o Integrated Bar
 Public officials cannot engage in the private law practice
o Judges
o Other officials and EEs who are lawyers of the SC
 Court attys under office of the Chief Justice
o Office of the SolGen
 As a private lawyer, you cannot use the property of the
government unless you are representing the government
personnel.
o Thus, you can use the property and charge the
government for your services.
 RA 910 – a retired justices or judges receiving pension cannot
act as counsel in any civil case or criminal wherein the officer or
EE of the gov’t is the accused in relation to the office.
Lawyer’s Oath
 Sebastian v. Calis [AC No. 5118] — with regard to Lawyer’s
Oath
o Supporting the Consti and obeying the laws and legal
orders are enshrined in Canon 1 of the CPR
o Doing no falsehood nor consent to the doing of any in
court (not just in court but doing any falsehood
anytime anywhere) – enshrined in Rule 1.01 of CPR –
means you are to uphold honesty and integrity as
lawyers
o Not promoting any groundless suit, unlawful suit,
falsehood, or give aid nor consent to the same – thus,
you are to encourage settlement, out of court
compromise settlement of the case instead of filing
cases in court [Rule 1.04 of CPR]
o Aid in the speedy disposition of cases and NOT to
delay the same for money or malice – Rule 1.03 of
CPR. Importance of speedy, efficient, effective
administration of justice enshrined also in Canon 1 of
CPR.
 Cayetano v. Monsod – Definition of Practice of Law.
 Practice of Law – is not limited to the conduct of cases of
litigation of cases in court, it involves preparation of pleadings,
other papers incident to the appearance in court or any action or
proceedings, any case and in fact, if you are applying the
knowledge of law, you are engaged in the practice of law.
o Legal counsels of corporations, corporate practices –
exercising the legal profession [also engaged in the
practice of law]
 Practice of law is a privilege.
o You are to be admitted and take an oath
o Privilege granted to those who possess the strict
intellectual and moral qualifications in the
administration of justice
o Instrument in the efficient and effective administration
of justice
o It is a profession, not a business.
o Moral qualification is a continuing requirement – until
you die, you have to be morally upright as a lawyer
 Tumbaga v. Atty. Tiocson, Admin Circular No. 5573, Nov. 21,
2017 – concurring opinion of Justice Leonen
o The requirement of good moral character is not only
condition precedent to the admission of the Bar but it
must remain not only a requirement for admission to
the Bar, but must remain intact in you [as a lawyer] –
to maintain one’s good standing in that exclusive and
honored fraternity.
 Rule 138, Sec. 2 specifies the qualification before a person is
admitted to the Bar:
o Citizenship
o Age
o GMC
o Residency in the PH
good moral character + no charges involving moral
turpitude (admin or criminal cases against you that
involves MI)
 Bar Matter No. 1153, March 9, 2010 – SC amended Sections 5
and 6 of Rule 138, specifically mentioning the requirement of
pre-law and law degree.
o Not only citizenship
o Graduate lawschool
o Present that you finished pre-law + graduated law
school
 Requirements:
o CRAG – Citizenship, Residency, Age [at least 21 yrs.
Old], Good Moral Character
o EPBO – [Legal] Education, Passed the Bar, Bar
Exam, Oath
o Then, you can practice law
 Admission to Bar – follow CRAG
 Bar Q: What is the most important first petition that you are to
file before the SC? The most important is Petition to Take the
Bar. [first pleading filed before the SC – upon filing, follow CRAG
by presenting evidences showing such]
 Enri R. Gosino case – first case in hazing and fraternity. Moral
character required for those who want to practice law was
defined in this case.
 As to Citizenship requirement – there are cases when some of
those in the practice of law lost their citizenship for many
reasons.
o If they lost citizenship, there is a process in
reacquiring their citizenship – Remedy: follow the
process done by Benjamin Dacanay in his Petition to
Resume Practice of Law [2007 case]. Following the
process of the requirement in RA 9225.
o The loss of PH citizenship ipso jure terminates the
privilege to practice law.
o However, when citizenship is loss, you can reacquire
it through application enshrined in RA 9225.
 Naturalization or RA 9225
Requirements:
 Filipino lawyer who lost and reacquired his citizneship under RA 9225
is deemed not to have lost his PH citizneship, however, still needs to
APPLY to the SC.
 Apply to the SC for a license or permit to engage in practice by
complying the ff.:
 Update membership in the IBP by paying dues and
reactivating membership;
 Pay professional tax as a lawyer;
 Complying with Bar Matter No. 9850 – MCLE
 RETAKE LAWYER’S OATH [Sec. 5 of RA 9225]
Case: Titulo de Abogado – Title as Lawyer
 One of the conditions in the administration of the hospicio [?] –
the qualification of the administrator is that he must have titulo de
abogado.
 There was a dispute as to what that means.
Rule 138-A, Section 1.
 Student Practice Rule
 Requirement:
1. Third year in law school a 4-year prescribed law degree
program;
 Law school will certify W/N the student is qualified to
take the Student Practice;
2. Appearance in court as a law student must be with a
supervisor who is a lawyer in law school [Supervised by a
lawyer in Law school]
3. Sec. 4 of Rule 138-A: The student shall comply with the
standards of professional conduct governing members of
the Bar.
a. Failuer of the attorney to provide adequate
supervision of the student practice may be a
ground for dsciplinary action [AdDU faculty may
be sued in the event of failure to comply]
b. However, you can appear as a student in your
personal capacity [but only in lower courts. EX:
small claims case]
c. In small claims case, there is a rule that you can
appear on your own in your personal capacity –
di kailangan lawyer. Litigants do not hire lawyer

to represent them. You can just be an agent or
friend of a litigant as attorney-in-fact or as a
friend helping a litigant.
d. BUT he cannot represent the litigant as a lawyer.
e. Can only represent under Student Practice Rule
provided the student is supervised by a lawyer.
 There are also non-lawyers appearing in court.
 Authorized by virtue of other law or rules.
o Cases before first level court [MTC, MeTC, MTCC,
MCTC]
o You can appear in person even if you are not a lawyer
but have some knowledge of the law – know legal
process OR you can appear as agent or friend.
o In criminal cases, when there are no lawyers in the
Municipality, you can appear and the judge may
appoint somebody (EX: a barrister) and the judge
knows you and it is a criminal case and your help is
needed for the accused.
o The judge will appoint you to help the accused to
represent the accused. [Rule 116, Sec. 7]
 Two requirements: resident of that locality
+ you have good reputation
 Under the Labor Code, Art. 222 – you can appear before the
NLRC or any labor arbiter (even if you are NOT a lawyer) if you
represent yourself or represent the organization or you are a
member of Int’l Labor Organization.
_____________________________
 Responsibility of the Lawyer
1. Obedience to the law and Allegiance to the Constitution
Just mention
 Rule 138, Sec. 20 – by just mentioning the duties of
the lawyer.
 Mention some lines of the lawyer’s oath or practically
ALL statement or phrases in the Lawyer’s Oath
2. Obedience to the legal profession
3. Obedience to the Courts
4. Obedience to the Clients
Important: your first duty is to the society or to the public in general. That is
the reason why the SC has to discipline you as a lawyer.
Discipline to Lawyers – Rule 139.
Your profession and personal life must be noble.
 Four-Fold responsibilities of the Lawyers to the society: Canons
1-6 of CPR
 To the legal profession – Canons 7-9
 To the court – Canons 10-13
 To the clients – Canons 14-22
Read: Rule 138, Sec. 20.
Section 20. Duties of attorneys. — It is the duty of an attorney:
a. To maintain allegiance to the Republic of the Philippines and to
support the Constitution and obey the laws of the Philippines.
b. To observe and maintain the respect due to the courts of justice and
judicial officers;
c. To counsel or maintain such actions or proceedings only as appear to
him to be just, and such defenses only as he believes to be honestly
debatable under the law.
d. To employ, for the purpose of maintaining the causes confided to him,
such means only as are consistent with truth and honor, and never
seek to mislead the judge or any judicial officer by an artifice or false
statement of fact or law;
e. To maintain inviolate the confidence, and at every peril to himself, to
preserve the secrets of his client, and to accept no compensation in
connection with his client's business except from him or with his
knowledge and approval;
f. To abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness, unless
required by the justice of the cause with which he is charged;
g. Not to encourage either the commencement or the continuance of an
action or proceeding, or delay any man's cause, from any corrupt
motive or interest;
h. Never to reject, for any consideration personal to himself, the cause of
the defenseless or oppressed;
AVA
i. In the defense of a person accused of crime, by all fair and honorable
means, regardless of his personal opinion as to the guilt of the
accused, to present every defense that the law permits, to the end that
no person may be deprived of life or liberty, but by due process of
law.
DUTY TO THE SOCIETY
1. Canon 1 – promote and respect the law and legal processes
a. First duty: mentioned in first statement in the Lawyer’s
Oath
b. Canon 1.01 – doing no falsehood, nor consent to the
doing of any in court – honesty + integrity
Ducena v. Limon case: If it has to remain an honorable profession and
attain its basic ideal, those enrolled in its ranks should not only master
its tenets and principles but should also, by their live, accord
continuing fidelity to them. (Agpalo, id) By extorting money from his client
through deceit and misrepresentation, respondent Limon has reduced the
law profession to a level so base, so low and dishonorable, and most
contemptible. He has sullied the integrity of his brethren in the law and has,
indirectly, eroded the peoples' confidence in the judicial system. By his
reprehensible conduct, which is reflective of his depraved character,
respondent has made himself unworthy to remain in the Roll of Attorneys.
He should be disbarred.
Semper Fidelis – always faithful to the law, to the profession, and to the
essence of one’s person.
Unlawful conduct. Soriano v. Dizon Case: In sum, when lawyers are
convicted of frustrated homicide, the attending circumstances – not the
mere fact of their conviction – would demonstrate their fitness to remain in
the legal profession. In the present case, the appalling vindictiveness,
treachery, and brazen dishonesty of respondent clearly show his
unworthiness to continue as a member of the bar.
Immoral and deceitful conduct – that which is willful, flagrant, shameless
that shows moral indifference.
 EX: BP 22, estafa cases
 If your conduct already amounts to shameless conduct, that is
already immoral and deceitful conduct.
Crimes involving moral turpitude:
a. Estafa
b. BP 22
c. Murder
d. Falsification of public documents
e. Seduction
f. Note: if there is deceit or issue in morality, moral turpitude
comes in
Case: Guevarra case
 Wanton disregard for the sanctity of marriage as shown when
respondent pursued a married woman after cohabiting with her.
 SC: Grossly immoral
Case Doctrine:
 Rape of neighbor’s wife constitutes moral depravity even if his
guilt has not been proven beyond reasonable doubt.
 Still disbarred upon filing of criminal case because there is
question as to his moral character.
 The Supreme Court does not claim infallibility; it will not
denounce criticism made by anyone against the Court for, if well-
founded, can truly have constructive effects in the task of the
Court, but it will not countenance any wrongdoing nor allow the
erosion of our people’s faith in the judicial system, let alone, by
those who have been privileged by it to practice law in the
Philippines.
2. Canon 1.03 of CPR – delay no man for money or malice and will
conduct myself as a lawyer according to the best of my
knowledge and discretion.
3. Canon 2 – efficient and convenient legal services
a. To the best of knowledge and discretion, conduct
oneself as a lawyer.
b. Bar Matter No. 2012 – mandatory legal aid for
practicing lawyers
c. Practicing lawyers, members of PH bar who appear
for and in behalf of in the ordinary course of law in
quasi-judicial agencies, including but not limited to

NLRC [all agencies exercising quasi-judicial functions]
– give aid to the pauper litigants
d. Judges can appoint you anytime as counsel de officio
to give aid to indigent litigants. This is not only for
PAO lawyers.
4. Canon 5 – participation in the legal education program
a. Important to remember: Bar Matter No. 850 or the
MCLE [Mandatory Continuing Legal Education]
b. Purpose: ensure that lawyers throughout their career
keep abreast with law and jurisprudence, maintain the
ethics of the profession and enhance the standards of
the practice of law.
c. To be able to give the best and efficient service to the
public, clients, and courts.
d. Must abide the MCLE Program
e. Bar Matter No. 1922 – in all your pleadings filed in
court, must indicate MCLE compliance number, not
only roll numbers.
f. Importance of keeping oneself updated: live in a fast
changing world where new laws, stiuations, and
challenges, crimes are made.
i. EX: no cybercrime before
5. Canon 6 – THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
TASKS. (Applicable not only to private lawyers but also to
lawyers of the government)
DUTY TO THE LEGAL PROFESSION
1. Canons 7 – 9 – involves your support to the legal profession.
Must understand Integrated bar of the PH.
a. Help promote IBP in its programs and projects and
even become amicus curaeu;
b. help improve the legal system
c. Note: IBP can recommend suspension and
disbarment of erring lawyers
d. Erring judges – investigation is to the Justices
e. Erring lawyers – investigation is to the IBP
(recommendatory power)
f. Aside from supportiung the programs of IBP, number
1 duty is enshrined in Canon 7 – uphold the integrity
and dignity of the legal profession and support the
integrated bar
g. Rule 7.01 – a lawyer shall be responsbile for
knowliungly making a false statement or suppress
material fact in his application for admission to the
Bar.
i. Even if you are already a lawyer, your
application for admission to the Bar is still
scrutinized.
ii. Penalty of violation: ground for disqua of
applicant to the Bar forever. Can no logner
take bar + take oath
iii. If already a lawyer, license to practice law
is revoked = disbarred.
h. A lawyer must be a disciple of truth.
2. Canon 8 – fairness, courtesy, candor towards professional
colleagues.
a. A lawyer, in his prof shall not use language which is
abusive, offensive, or otherwise improper.
b. I – Improper. O – offensive. A – abusive
c. Fairness – if you are unfair, that means you are not
obeying the law because the law is fair.
3. Canon 9 – a lawyer shall not assist, directly or indirectly, in the
unauthorized practice of law.
a. Penal sanction: usurpation of authority under Art. 177
of RPC
b. Remember the definition of practice of law in the case
of Cayetano v. Monsod. Outside of that, there can be
unauthorized practice of law.
c. GR: requisites in the practice of law:
i. Admission to the Bar
ii. Continuing membership in the Bar;
iii. A lawyer in good standing
Notes:
 Oath + signing of the roll of attorneys
o Not yet signed = no privilege yet to practice law
o Aguirre case: appearing as counsel even before
taking the lawyer’s oath
 Using the title attorney in his name although he is NOT yet a
lawyer.
AVA
 Remember: legal profession is not a right nor a business, it is a
privilege that can be taken out of you anytime if you do not
deserve to remain in the profession:
o How? Disbarment
o Suspension/reprimand
DUTY TO THE COURTS
1. Canon 10 – A LAWYER OWES CANDOR, FAIRNESS AND
GOOD FAITH TO THE COURT.
a. CFF – Candor, Fairness, [Good] Faith
b. Not involve in activities that show bad faith
c. EX: coming to court late.
d. Why strict? Because if you are used to being late, in
the end, justice delayed is justice denied.
2. CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
a. Dealings with the court
b. Basis principle: God is a God of Justice.
c. Pray for fairness and equality
3. CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.
4. CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF
HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
a. Bawal i-bribe ang court. Just mainly rely on the merits
of your cause.
b. What is your cause? [Note: not your CASE, but
CAUSE] To serve the ends of justice whether you are
for the defense or prosecution/plaintff or
defendant/claimant-petitioner-movant or oppositor.
c. As a lawyer, you must be honest and lay down your
cards. Or if you think you are not that expert, you
msut be honest by referring the client to another
lawyer.
d. Judges must maintain impartiality.
e. As a lawyer, you cannot make moves that are
improper for the judge to do.
f. In relation to this Canon: Rule 138, Sec. 20 [i]: In the
defense of a person accused of crime, by all fair and
honorable means, regardless of his personal opinion
as to the guilt of the accused, to present every defense
that the law permits, to the end that no person may be
deprived of life or liberty, but by due process of law.
g. Important: you become amicus curiae. Friend of the
Court.
h. Processes in which you become amicus curiae [Under
Remedial Law]
DUTY TO THE CLIENTS
1. CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES
TO THE NEEDY.
a. The court gives priority to processes involving PDLs.
i. Give priority to the less, loss, and last.
[Three Ls]
b. RA 6035 exempts indigent litigants from paying for
stenographic notes – if a lawyer gives free legal aid,
so does a stenographer
2. CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.
a. Q: observe candor, fairness, good faith to the courts,
now, candor, fairness, and loyalty.
b. There is a big difference. That’s why much higher is
your responsibility to the court and legal profession
than to your client. You should be faithful first to legal
processes and the law.
c. Only loyalty to the client but not faithfulness.
d. If you have already served your client, and kalaban
sila sa kabila, you must reject the second client. You
must inhibit. Do not accept even if the second client
pays more considering that you have already
committed to the first client.
e. Reason: there is already a lawyer-client privilege.
[Loyalty]
Scenario: PAO lawyers – appointed by courts to assist an indigent litigant
as counsel de officio and then the PAO lawyer would say that he cannot
 AVA
accept as counsel for the accused because he has assisted the the confidence and secrets of his client even after the attorney-client
complainant in relation to the [criminal] case. relations has been terminated.

Rationale which is also consider as valid grounds for refusal: Thus, even if a lawyer, being an office of the court primarily must serve the
 Conflict of interest ends of justice, he must act as such within the bounds of the law.
 First in time, priority in law
 Lawyer-client privilege [even if there was no monetary
consideration]

3. CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL

MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS PROFESSION.
4. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF
HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST
AND CONFIDENCE REPOSED IN HIM.
5. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
6. CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT
WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
7. CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
8. CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER
THE ATTORNEY-CLIENT RELATION IS TERMINATED.

A1. Is there any consequence if a private practicing lawyer violates the rule on
non-forum-shopping? Cite the same and discuss exhaustively. (25 points)
Rule 7, Section 5, Par. 2 of the Rules of Court states that the
submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal actions.

If the acts of the party constitutes willful and deliberate forum shopping, the
same shall be ground for summary dismissal with prejudice and shall
constitute direct contempt as well as a cause for administrative sanctions.

In violation thereto, a lawyer must be subjected to disciplinary proceedings

in accordance with the Rules of Court.

A2. How would you relate the violation of the said rule with the concept of
“Semper Fidelis” in legal/judicial ethics? Explain briefly. (25 points)
Semper Fidelis means always faithful to the law, legal
profession, and to the essence of one’s self. The violation of the said rule of
submitting a proper certification of non-forum shopping is related to the
concept of Semper Fidelis in a sense that one must faithfully obey the law
and the legal orders of the duly constituted authorities.

Furthermore, the violation of the said rule means that you are likewise
degrading the legal profession to a level that is dishonorable and
contemptible knowing fully well the corresponding sanctions that the lawyer
may face in violation to such. In addition to this, the violation of the said rule
means also being disloyal to his client considering that it will result to a
summary dismissal of the initiatory pleading with prejudice and that means
not being able to protect the interest of the client.

B. Akinto, Batchiko and Cramtito were accused of homicide with an allegation

of conspiracy. The three engaged the services of Atty. Coronio Pandemo. The
latter interviewed each one of the accused and then gave them instructions as
to the gathering of evidence and advised them as to the theory of their defense.
In the course of proceedings in court, Akinto decided to become a state
witness. After a motion to discharge accused Akinto was filed in court by
Public Prosecutor Panelo Malabo and at the start of the trial, private
prosecutor Vico Malinaw moved to inhibit Atty. Coronio Pandemo as counsel
for accused Batchiko and Cramtito because having previously interviewed
Akinto, he (Atty. Pademo) can make use of the knowledge he gained from said
interview in the course of cross-examining Akinto as prosecution witness. Atty.
Pandemo objected to the motion to inhibit him. Should his objection be
sustained or denied? Why? (50 points)
The objection must be denied.

Canon 13 of the Code of Professional Responsibility states that a lawyer

shall rely upon the merits of his cause. This means that a lawyer must focus
mainly on the cause of his case which is to serve the ends of justice. A
lawyer must be honest and must exhaust all possible means in the interest
of justice. The lawyer’s duty is not only to his client but primarily to the
administration of justice.

In this case, while it may be true that Akinto has already become a state
witness, it does not mean that Atty. Coronio Pandemo is already
incompetent to represent Akinto’s co-accused since Canon 21 of the Code
of Professional Responsibility is likewise clear that a lawyer shall preserve
 AVA

“When we hit our lowest point,

we are open to the greatest change.”