ETHICALLY YOURS

(YOUR LEGAL AND JUDICIAL

ETHICS REVIEWER)

JONAS FLORENTINO DL. CABOCHAN

856 Nicanor Reyes, Sr. St.

Tel. Nos. 736-05-67 + .735-13-64
1977:C.M. Recto Avenue .
Tel. Nos. 735-55-27 » 735-55-34
‘Manila, Philippines
 There is a vague popular belief that lawyers are necessarily
dishonest... Let no young man, choosing the law for a calling, for
a moment yield to this popular belief. Resolve to be honest at all
events; and if, in your own judgment, you cannot be an honest
lawyer, resolve to be honest without being a lawyer. Choose some
other occupation, rather than one in the choosing of which you do, in
advance, consent to be a knave.

ABRAHAM LINCOLN (1809-1865)

iii
 PREFACE |

Every so often we are witness to heroics of some lawyers

equally with the appalling behavior of others. Both, needless to
say, impacting on the legal profession and the public’s perception
of lawyers. And at the end, it all boils down to Legal Ethics or the
lack of it.
Legal Ethics is a subject (the last one in the four Sundays of
the Bar Examinations and the one with the least weight as far as
grading is concerned) that does not usually get the attention that
other subjects generate. But where would this profession be if not
for Legal Ethics?
The author therefore hopes that this book will not only help
law students and bar reviewees in the pursuit of.the noble profes-
sion of law but also serve as a useful reference for brethren in the
profession.
If this humble work helps, even to a small degree those who
use it, the author would have been rewarded.

iv
 ACKNOWLEDGMENT

My deepest gratitude ....

... To San Beda University, my beloved Alma Mater, the

institution that molded me;

... To San Beda Law Deans Ulan Sarmiento and Virgilio

Jara, Vice Dean Rocky Delson for their confidence in me, and
for giving me the opportunity to teach Legal Ethics in San
Beda;
... To my students, friends and fellow professors from
whom, whether they know it or not, I learn something new
every time we meet;
... To friends who helped, assisted and supported me in
the writing and publication of this work: Attys. Jimmy Buhain,
Jewel Bulos, Angel Valero-Nufiez, Prex Pingol.and Nadine
Madamba, Ms. Evelyn Adajar and Mrs. Vilma de Jesus;
... To my mother, brothers and sisters who are always
supportive of my endeavors;
... To my family, Atty. Ann Claire and Jonas Josh, who
inspire me in many ways; and

To the Almighty, The Source of everything.

Ut In Omnibus, Glorificetur Deus.

(That In All Things, God May Be Glorified.)

vi vii
 CONTENTS

INTRODUCTION AND ADMISSION

TO THE PRACTICE OF LAW........cccssssscssseeeseteseeeeses 1-26

A — LAWYER AND THE SOCIETY (Canons 1-6)... 27-44

B — LAWYER AND THE LEGAL PROFESSION

(Camons 7-9) ....esssesescsrsssssscseeseeseseessnesseereseesenseeees 45-58

C — LAWYER AND THE COURTS

(Canons 10-138)... seeeessssseeeseesseeseensceeenaneeneneees 59-78
D — LAWYER AND THE CLIENT
(Canons 14-22) ....eccsescsssescesseseeeseseessessesrseeeseroes 79-148

FE 3 — JUDICIAL ETHICS... cescsseeseesenereneees 149-194

Fo — NOTARTAL LAW.........ccscccsseeeessensesseeesennenseeane 195-202

G =«_ — SOURCES 0... eecscencceeeeesneesssersseeeseneseeeesanennees 203

Vili
 INTRODUCTION AND ADMISSION
TO THE PRACTICE OF LAW

1. Q: What do you understand by Legal Ethics? (1993 Bar

Question)
(Define Legal Ethics.)
SA: Legal Ethics is that branch of moral science which
treats the duties an attorney owes to the court, to his
client, to his colleagues in the profession, and to the
public (Justice Malcolm).

2. Q: Discuss the importance and state the sources of Legal

Ethics. (1993 Bar Question) ‘
SA: The importance of Legal Ethics is that it requires a
lawyer to maintain the high moral standard necessary
in the practice of his profession and in the performance
of his duties to the court, to his client, to his fellow
lawyers and to the society. It not only provides the
necessary moral foundation in the study of law in the
wide range of activities of a lawyer, but also acts as a
guard against the abuses and malpractices of lawyers.
With legal ethics, the standards of the legal profession
are raised and become the basis to weed out unfit and/or
misfit members of the legal profession.
The sources of legal ethics are the Constitution,
‘the Revised Rules of Court, the Canons of Professional
Ethics, the Code of Professional Responsibility, laws,
statutes, treaties and jurisprudence.
3. DEFINE THE FOLLOWING:
a) Attorney-ad-hoc (2009 Bar Question)
b) Assumpsit (2006 Bar Question)
c) Champertous contract (2000 Bar Question)
 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
d) Attorney’s retaining lien (2000 Bar Question)
e) Counsel de oficio (1998 Bar Question)
f) Amicus Curiae (1998 Bar Question)
g) Attorney’s lien (1998 Bar Question)
h) Forum shopping (1998 Bar Question)
i) Quantum meruit (1998 Bar Question)
i) Moral turpitude (1998 Bar Question)
k) Charging Lien
) Lawyer
m) Good moral character
ANSWERS:
a) Attorney-ad-hoc — also known as curator
ad hoc is a lawyer appointed by the court
to représent an absentee defendant who
has no counsel present in court when the
appointment is made. An attorney ad hoc is
appointed in order to avoid delay.
b) Assumpsit — an action in common law for the
recovery of damages for the non-performance
of a parole or simple contract. (Bouvier’s Law
Dictionary, Vol. 1, pp. 269-270) The term
has been used in relation to the collection
of attorney's fees on a quantum meruit
basis. Where the lawyer has been employed
without a contract for his compensation, he
is entitled to recover an amount his services
merit, on the basis of an implied promise by
the client to pay for such services. This has
been referred to as an assumpsit on quantum
meruit. (Quilban v. Robinol, 171 SCRA 768)
If there was a contract or an agreed mode
of compensation, the implied assumpsit on
quantum meruit is not applicable.
Champertous contract — is one where
a lawyer agrees to conduct the litigation on
his own account and to pay the expenses
INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 3
thereof, and to receive as his fee a portion of
the proceeds of the judgment. It is contrary
to public policy and invalid as it violates the
fiduciary relationship between the lawyer and
his client (Bautista v. Gonzales, 182 SCRA
151) because in effect, he is investing in the
case with the expectation of making a profit.
It is unethical because the practice of law is a
profession and not a business venture.
An agreement whereby a lawyer agrees
to pay the expenses of legal proceedings to
enforce the client’s rights where the client
has no obligation to reimburse. (Bautista v.
Gonzales, 182 SCRA 151)
d) Attorney’s retaining lien — is the right of a
lawyer to hold on to the funds, documents and
papers of his client which lawfully came to his
possession and may return the same until his
legal fees and disbursements have. been paid,
and may apply such funds to the satisfaction
thereof. (Sec. 37, Rule 138, Rules of Court)
Counsel de oficio — a lawyer appointed
by the court to defend an indigent accused/
defendant in a criminal case. (People v.
Daban, 43 SCRA 187)
Amicus Curiae — literally means “a friend of
the court.” He is an experienced and impartial
lawyer invited by the court to give an opinion
in the disposition. of novel and/or difficult
legal issues before it. (Sec. 36, Rule 138, RRC)
Attorney’s lien — security created by law
g)
to ensure payment of lawyer’s professional
fees and reimbursement of his lawful
disbursements. There are two kinds of
attorney’s lien, to wit: a) a retaining lien (right
to retain the client’s money, property, and
documents which have legally come into the
lawyer’s possession until he is paid all his fees
and advances for.all his legal services to the
client); and b) charging lien (right to charge
 ETHICALLY YOURS INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 5
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

a judgment for money and its execution with (In re: Argosino, 270 SCRA 26) In short, it
his fees for services rendered in the case). is the conduct of nobility and uprightness.
(Melendrez v. Decena, 176 SCRA 662)
h) Forum shopping — the improper practice of
filing several actions or petitions in the same 4, DISTINGUISH:
or different tribunals arising from the same
cause and seeking substantially identical a) Practicing lawyer from trial lawyer. (2006 Bar
reliefs in the hope of winning in one of them. Question)

i) Quantum merwit — literally means “as
much as he deserves.” It is how to determine
the lawyer’s professional fees in the absence
of a contract, or when the fees stipulated in
a contract are unconscionable, or when
services of the lawyer are terminated. The
lawyer is entitled to be paid for his services.
The factors to be taken into consideration
are enumerated in Canon 22 of the Code of
Professional Responsibility.
)) Moral turpitude — includes everything
which is done contrary to justice, honesty,
modesty, or good morals. Some crimes which
involve moral turpitude are robbery, rape,
estafa, and falsification of document. (In re:
Basa, 41 Phil. 275)
k) Charging Lien — the equitable right of an
attorney to have the fees due him for his legal
services in a particular suit secured by the
judgment or recovery in such suit. (7 C.J.S.
1142) The object of this lien is to protect
the claim on the fruits of the lawyer’s labor.
(Myers v. Miller, 117 ALR 977)
) Lawyer — the general term for a person
trained in the law and authorized to advise
or represent others in legal matters. A lawyer
is a person licensed to practice law. (Black’s
Law Dictionary, 6th Ed., p. 888)
m) Good moral character — It is not just the
absence of bad character but the character
that expresses the will to do the unpleasant
thing because it is right, and the resolve not
to do the pleasant thing because it is wrong.
SA: A “practicing lawyer” is one who is not limited to the
conduct of litigating cases in court, but includes giving
of legal advice and counseling, and the preparation of
instruments and contracts by which legal rights are
the secured. (Ulep v. Legal Clinic, Inc., 2238 SCRA 378) On
the other hand, a “trial lawyer” is one who handles trial
work in court or quasi-judicial agencies either. for the
prosecution/complainant or the defense of clients.
b) Ambulance chasing from Barratry. (1993 Bar
Question)
SA: Ambulance chasing and Barratry are both improper and
unethical. Ambulance chasing is any act by a lawyer or
his agent of improper solicitation usually in disaster or
accident sites, instigating victims to file lawsuits, while
Barratry is an offense of stirring up suits and quarrels
and offering his (lawyer) services to one party.
Champertous contract from contingent fee. (2000 Bar
c)
Question)
SA: A champertous contract is an agreement where a lawyer
agrees to conduct the litigation on his own account and
to pay the expenses thereof, and to receive as his fee a
portion of the proceeds of the judgment. It is contrary
to public policy and invalid as it violates the fiduciary
relationship between the lawyer and his client (Bautista
v. Gonzales, 182 SCRA 151) because in effect, he is
investing in the case with the expectation of making
a profit. It is unethical because the practice of law is
a profession and not a business venture. On the other
hand, a contingent fee contract is an agreement where
a lawyer agrees to handle a case and will be paid if he
wins the case. Payment is usually a fixed percentage
of what he may recover for his client and unlike in a
 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
champertous contract he (lawyer) does not shoulder the
expenses of the litigation and is a valid agreement.
5. Is a champertous contract valid? (2000 Bar Question)
SA: A champertous contract is not a valid contract. It is con-
trary to public policy because it violates the fiduciary
relationship of the lawyer and his client. (Bautista v.
Gonzales, 182 SCRA 151) In a champertous contract,
the lawyer is investing in the case with the expectation
of making a profit and since the practice of law is not a
business venture but a profession, thus, it is unethical
for a lawyer to enter into such an arrangement.
6. Q: In her complaint for collection of a sum of money with
damages, Ms. Megan Yan engaged the services of Atty.
Ina Co where they agreed that the latter will shoulder all
the expenses incurred in connection with the case. Atty.
Co will be paid for her legal services and reimbursed
all the expenses she advanced from whatever Ms. Yan
may receive upon termination of the case. a) What kind
of contract did the two enter into? Explain. b) Is the
contract valid? Explain.
SA: a) The contract entered into by Ms. Yan and Atty.
Co is a champertous contract because Atty. Co
agreed to shoulder all the expenses in connection
with the case and will be paid and reimbursed only
from whatever Ms. Yan may receive if they win the
case. In short, Atty. Co will be paid.and reimbursed
only when she wins the case. If she loses the case,
she will not be paid and reimbursed. Atty. Co is
therefore investing in the outcome of the case which
is not ethical.
b) Thecontract between Ms. Yan and Atty. Co is nota
valid contract because it is a champertous contract.
A champertous contract is one where a lawyer
agrees to: a) shoulder all expenses regarding a
case; and b) get paid and reimbursed only, from
the proceeds of the judgment, when he/she wins
the case. It is contrary to public policy (Bautista v.
Gonzales, 182 SCRA 151) hence, invalid.
INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 7
7. Q: Farida engaged the services of Atty. Garudo to represent
her in a complaint for damages. The two agreed that all
expenses incurred in connection with the case would first
be shouldered by Atty. Garudo and he would be paid for
his legal services and reimbursed for all expenses which
he had advanced out of whatever Farida may receive
upon the termination of the case. What kind of contract
is this? (2010 Bar Question)
SA: The contract is a champertous contract because Atty.
Garudo agreed to shoulder all expenses in connection
with the case and Farida will pay and reimburse
him only from whatever Farida may receive from the
proceeds of the judgment, upon termination of the case.
In short, Atty. Garudo will be paid and reimbursed only
if he wins the case for Farida. If he loses the case, he will
not be paid and reimbursed. Thus, het is investing in the
outcome of the case.
Atty. A’s services as a lawyer were engaged by B to
recover from C certain construction materials and
equipment. Because B did not have the means to defray
the expenses of litigation, he proposed to Atty. A that
he (A) shoulders all expenses of the litigation and he (B)
would pay him (A) a portion of the construction materials
and equipment to be recovered as compensation for his
professional services. May Atty. A correctly agree to
such arrangement? (1999 Bar Question)
SA: No, Atty. A should not agree to such an arrangement.
The proposed arrangement is a champertous
contract which is void because it is contrary to public
policy as it violates the fiduciary relationship of the
lawyer and his client. Atty. A will have a stake in the
outcome of the litigation and might lead him to place his
own interest before the interest of his client B. (Bautista
v. Gonzales, 182 SCRA 151) In a champertous contract,
the lawyer is investing in the outcome of the case with
the expectation of making a profit and since the practice
of law is not a business venture but a profession, it is
unethical for a lawyer to enter into such an arrange-
ment.
 ETHICALLY YOURS INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 9
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

What is the student practice rule? (2009 Bar Question) d) In remote municipalities where members of the
SA: The Student Practice Rule is the rule authorizing a law bar are not available, the judge of an inferior court
may appoint a non-lawyer (law student) who is a
student who has successfully completed his 3rd year of
resident of the province and of a good repute for
the regular four-year prescribed law curriculum and
probity and ability, to aid the defendant in his
is enrolled in a recognized law school’s clinical legal
defense (Sec. 4, Rule 116, Revised Rules of Court);
education program approved by the Supreme Court, to
appear without compensation in any civil, criminal, or e) Before the National Labor Relations Commission or
administrative case before any trial court, tribunal or any Labor Arbiter if (a) he represents himself, as a
board or officer, to represent indigent clients accepted party to the case, (b) he represents an organization
by the legal clinic of the law school, under the direct or its members with written authorization from
supervision and control of a member of the IBP accredited them, or (c) he is a duly-accredited member of any
by the law school. (Rule 138-A, Revised Rules of Court) legal aid office duly recognized by the Department
of Justice or the Integrated Bar of the Philippines
10. Enumerate the instances when a law student may in cases referred to by the latter (Art. 222, Labor
appear in court as counsel for a litigant. (2006 Bar Code; Kanlaon Construction Enterprises Co., Inc.
Question) v. NLRC, 279 SCRA 387); and
SA: The following are the instances when a law student may f) Under the Cadastral Act, a non-lawyer (law
appear in court as counsel for litigants: student) may represent a claimant before the
a) Under the Law Student Practice Rule (Rule 138- Cadastral Court. (Sec. 8, Act No. 2250)
A, Revised Rules of Court), a law student, who
has successfully completed his/her third year 11. Are there lawyers, not suspended by the Supreme Court,
of the four-year prescribed law curriculum and but are prohibited to engage in the private practice of
is enrolled in his/her law school’s clinical legal law? If so, enumerate.
education program approved by the Supreme SA: Yes, there are lawyers, not suspended by the Supreme
Court, may appear without compensation in any Court, but are prohibited to engage in the private
civil, criminal, or administrative case before any practice of law, to wit:
trial court, tribunal, board or officer, to represent
indigent clients accepted by the legal aid clinic 1. Judges and other officials or employees of the
of the law school. He/she must be under the superior court (Rule 138, Sec. 35, RRC);
direct supervision and control of a member of the 2. Officials and employees of the Office of the Solicitor
Integrated Bar of the Philippines if he/she appears ’ General (Ibid.);
in a Regional Trial Court, and without need of such
supervision if he/she appears in an inferior court 3. Government prosecutors (People v. Villanueva, 14
(Bar Matter 730, June 10, 1997); SCRA 109; Aquino v. Blanco, 79 Phil. 647);

b) When he/she appears as an agent or friend of 4, President, Vice President, Members of the Cabinet,
a litigant in an inferior court (Sec. 34, Rule 138, their deputies and assistants (Art. VII, Sec. 18,
Revised Rules of Court); 1987 Constitution);

c) When he/she is authorized by law to appear for the 5. Members of Constitutional Commissions (Art. [X-
Government of the Philippines (Sec. 33, Rule 1288, A, Sec. 2, 1987 Constitution);
Revised Rules of Court); 6. Members of the Judicial Bar Council;
10 ETHICALLY YOURS INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 11
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

7. Ombudsman and his deputies (Art. XI, Sec. 8 [2nd Government (R.A. No. 7160, Sec. 90, Local
par.], 1987 Constitution); Government Code),
8. All governors, city and municipal mayors (R.A. No. (c) A retired justice or judge receiving pension from
7160, Sec. 90); and the Government, cannot act as counsel in any
civil case in which the Government or any of its
9. Those who by special law are prohibited from subdivisions or agencies is the adverse party or ina
engaging in the practice of their legal pro- criminal case wherein an officer or employee of the
fession.
Government is accused of an offense in relation to
12. Q: Enumerate lawyer-public officials who can engage in the his office. (R.A. No. 910, Sec. 1, as amended)
private practice of law.
13. Q: Can a non-lawyer practice law? Explain.
SA: The following lawyer-public officials can engage in the
private practice of law but with certain restrictions: SA: No, a non-lawyer cannot practice law. Only lawyers can
practice law. Only persons duly admitted to the Bar and
(a) Senators or Members of the House of Representa- in good and regular standing are entitled to practice
tives. (Art. VI, Sec. 14, 1987 Constitution) Since the law. (Sec. 1, Rule 138, Revised Rules of Court; see: Zeta
practice of law covers a wide range of legal activi- v. Malinao, A.M. No. P-220, Dec. 20, 1978)
ties (See Cayetano v. Monsod, 201 SCRA 21 0), the
Senator or Congressman is allowed to engage in 14. Generally, only those who are members of the bar
the other aspects of the law practice such as the can appear in court. Are there exceptions to this rule?
giving of legal advice to clients, negotiating con- Explain. (1996 Bar Question)
tracts in. behalf of clients which necessitates legal
SA: Yes, there are exceptions, to wit:
knowledge, preparation of legal documents and
other similar aspects of practice of law. (a) In criminal proceedings before a municipal trial
court in a locality where a duly licensed member
(b) Sanggunian members may practice their profes- of the bar is not available, the court may in its
sions, provided that they shall not:
discretion admit or assign a person, resident of the
(1) Appear as counsel before any court in any province and of good repute for probity and ability,
civil case wherein a local government unit or to aid the defendant in his defense, although the
any office, agency, or instrumentality of the person so assigned is not a duly authorized member
government is the adverse party; of the bar (Sec. 4, Rule 116, Revised Rules of Court);
(2) Appear as counsel in any criminal case (b) Any official or other person appointed or design-
wherein an officer or employee of the national ated in accordance with law to appear for the
or local government is accused of an offense Government of the Philippines shall have all the
committed in relation to his office; rights of a duly authorized member of the bar to
(8) Collect any fee for their appearance in admin- appear in any case in which said government has
istrative proceedings involving the local gov- an interest direct or indirect (Sec. 33, Rule 138, Re-
ernment unit of which he is an official; and vised Rules of Court);

(4) Use property and personnel of the Govern- (ec) In the municipal trial court, a party may conduct
ment except when the sanggunian member his litigation in person or with the aid of an agent
concerned is defending the interest of the or friend (Sec. 34, Rule 138, Revised Rules of Court);
 12 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
(d) In any other court, a party may conduct his
litigation personally (Sec. 34, Rule 138, Revised
Rules of Court):
(e) Asenior law student who is enrolled in a recognized
law school’s clinical education program approved
by the Supreme Court may appear before any court
without compensation, to represent indigent clients
accepted by the Legal Clinic of the law school (Rule
138-A, Revised Rules of Court),
(f) Non-lawyers may appear before the NLRC or any
Labor Arbiter if they represent themselves or their
labor organization or members thereof (Art. 222,
Labor Code); and
(g) Under
the Cadastral Act, a non-lawyer can
represent a claimant before the Cadastral Court.
(Sec. 9, Act 2250)
15. Q: May a party appear as his own counsel in a criminal or
in a civil case? Explain. (2009 Bar Question)
SA: In civil or criminal cases in the Municipal Trial Court, a
party may appear as his own counsel. (Sec. 34, Rule 138,
Revised Rules of Court) In civil cases in the Regional Trial
Court or the Appellate Courts, a party may conduct his
litigation either personally or by an attorney unless the
party is a juridical person. However, in criminal cases in
the said courts, involving grave or less grave offenses
,
he must always be represented by counsel. The right to
counsel of an accused is absolute and cannot be waived.
(Flores v. Ruiz, 90 SCRA 428)
16.
Ruel Catapang, a law graduate and vice president
for labor relations of XYZ Labor Union, entered his
- appearance as representative of a member of the union
before the Labor Arbiter in a case for illegal dismissal,
unpaid wages, and overtime pay. Counsel for the
Company objected to Raul’s appearance and moved for
his disqualification on the ground that he is not a lawyer.
If you were the Labor Arbiter, how would you resolve the
motion? Why? (2002 Bar Question)
SA: I will deny the motion because Ruel is the vice president
of XYZ Labor Union as such he can appear as the
INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 13
representative of the union. Article 222 of the Labor
Code authorizes non-lawyers to appear before the
National Labor Relations Commission or any Labor
Arbiter to represent their organization or members. In
the case at bar, Ruel appeared to represent a member of
their union/organization which is allowed.
17. Q: Does the legislature have the power to regulate
admission to the bar and the practice of law? Discuss
fully. (1995 Bar Question)
SA: Congress, under the 1987 Constitution, has no power to
regulate admission to the Bar and the practice of law
unlike in the 1935 and 1973 Constitutions. The 1987
Constitution gives the Supreme Court the exclusive
power to promulgate rules concerning the enforcement
of rights, pleadings and practice and procedures of all
courts and the admission to the practice of law. (See Art.
VIII, Sec. 5, subpars. 3-5, 1987 Constitution)
18. Q: A, a mere high school graduate, with the aid of a friend
who is a college undergraduate, filed a complaint for
recovery of a sum of money in the amount of Four
Thousand (P4,000.00) Pesos in the Metropolitan Trial
-Court of his town. The Clerk of Court told A that his
complaint might be dismissed for insufficiency as to
form because neither he nor his friend who is assisting
him is a lawyer. Is the Clerk of Court correct? (1999 Bar
Question)
No, the Clerk of Court is not correct. In the Municipal
SA:
Trial Court or Municipal Circuit Trial Court or
Metropolitan Trial Court, “a party may conduct. his
litigation in person, with the aid of an agent or friend
appointed by him for that purpose, or with the aid of an
attorney.” (Sec. 34, Rule 138, Revised Rules of Court)
19. Q: What is practice of law?
SA: Practice of law is any activity, in or out of court,
which requires the application of law, legal procedure,
knowledge, training, and experience. (Cayetano v.
Monsod, 201 SCRA 210)
14 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
20. Q: What are the duties of an attorney? (2007 Bar Question)
SA: The duties of attorneys can be found in a) the Lawyer’s
Oath, b) Section 20, Rule 138 of the Revised Rules of
Court, and c) the Code of Professional Responsibility.
a) The following are the duties of an attorney in the
Lawyer’s Oath:
1. To maintain allegiance to the Republic of the
Philippines;
To support its Constitution;
To obey the laws as well as the legal orders of
the duly constituted authorities therein;
To do no falsehood, nor consent to the doing of
any in court;
To not wittingly or willingly promote or sue
any groundless, false or unlawful suit,
give aid nor consent to the same;
To delay no man for money or malice;
To conduct himself as a lawyer according to
the best of his knowledge and discretion with
all good fidelity well to the courts as to his
client.
b) The following are the duties of an attorney under
Section 20, Rule 138 of the Revised Rules of Courts:
1. To maintain allegiance to the Republic of the
Philippines;
To maintain respect due to the courts
Justice and its judicial officers;
To counsel or maintain 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;
To employ, for the purpose of maintaining
the causes confided to him, such means only
as are consistent with truth and honor,
never seek to mislead the judge or any judicial
INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 15
officer by an artifice or false statement of fact
or law;
To maintain inviolate the confidence, and at
every peril to himself, to preserve the secret
of his client, and to accept no compensation
in connection with his client’s business except
from him with his knowledge and approval;
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;
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;
nor Never to reject, for any consideration personal
to himself, the cause of the defenseless or
oppressed; and
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.
c) The following are the duties of an attorney in the
Code of Professional Responsibility:
A. Duties to the society in general — to uphold
of the Constitution, obey the laws of the land
and promote respect for the law and legal
processes;
Duties to the legal profession — to uphold the
dignity and integrity of the legal profession;
Duties to the court —.to be candid with and
promote respect for the courts and judicial
officers, and to assist the courts in rendering
and speedy and efficient administration of justice;
and
 16 ETHICALLY YOURS INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 17
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

D. Duties to the client — to observe candor, 23. Q: Atty. Yabang was suspended as a member of the Bar for
fairness and loyalty to the client; hold the a period of one year. During the period of suspension,
client’s money and property in trust, serve the he was permitted by his law firm to continue working
client with competence and diligence, and to in their office, drafting and preparing pleadings and
preserve the confidence of the client. other legal documents, but was not allowed to come into
direct contact with the firm’s clients. Atty. Yabang was
21. Write the complete text of the attorney’s oath. (2009 subsequently sued for illegal practice of law.
Bar Question)
Would the case prosper? Explain. (2005 Bar
SA: I, , do solemnly swear that I will Question)
maintain allegiance to the Republic of the Philippines;
I will support its Constitution and obey the laws as well SA: Practice of law is defined as any activity in or out of
as the legal orders of the duly constituted authorities court, which requires the applications of law, legal
therein; I will do no falsehood nor consent to the doing of principle, practice or procedure and calls for legal
any in court; I will not wittingly or willingly promote or knowledge, training and experience. (Cayetano v.
sue any groundless, false or unlawful suit, nor give aid Monsod, 201 SCRA 210) Based on the said definition, his
nor consent to the same; I will delay no man for money acts of preparing pleadings and other legal documents,
or malice, and will conduct myself as a lawyer according constitute practice of law. Hence, the case against Atty.
to the best of my knowledge and discretion with all Yabang may prosper. ’
good fidelity as well to the courts as to my client; and However, that there is the traditional view which is
I impose upon myself this voluntary obligation without the practice of law requires the existence of an attorney-
any mental reservation or purpose of evasion. So help client relationship and since Atty. Yabang is not allowed
me God. by his firm to come into direct contact with the clients
of his firm, it cannot be said that he is engaged in the
22, Congresswoman C is a senior partner in a law firm.
practice of law. Thus, following the traditional concept,
Although C no longer appears in court, she advises
the case against him will not prosper.
clients and corrects the pleadings of her assistants. A
political opponent lodged a complaint with the House 24. Atty. Bob Uy, suspended indefinitely by the Supreme
Committee on Ethics contending that Congresswoman Court from the practice of law for gross immorality, went
C is prohibited by the Constitution to practice law. Will back to his hometown to manage his farm. His childhood
the complaint prosper? Explain. (1996 Bar Question) friend Sam Ting Wong, accused of theft, consulted him.
SA: No, the complaint will not prosper. He informed Sam that he will just accompany him
Lawyer members
of Congress are not prohibited to practice during the hearing. Before the hearing of Sam, Atty.
law. “No
Senator or Member of the House of Representatives
Uy asked the Municipal Circuit Trial Court Judge if
may personally appear as counsel before any court of he can be appointed counsel de oficio. Can Atty. Uy be
justice or before the electoral tribunals, or quasi-judicial appointed counsel de oficio? Explain.
and other administrative bodies.” (Sec. 14, Art. VI, 1987 SA: Atty. Uy cannot be appointed counsel de oficio. Generally,
Constitution) Clearly, what the Constitution prohibits is only lawyers can be appointed counsel de oficio and
“personal appearance” but it allows lawyer members of though Atty. Uy is a lawyer, he should not be appointed
Congress to engage in the other aspects of law practice counsel de oficio as it will allow him to practice law
like giving legal advice to clients or their constituents. while serving his penalty of indefinite suspension, thus,
They cannot, however, sign pleadings. disregarding the disciplinary sanction imposed on him.
18 ETHICALLY YOURS
INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 19
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

25. After passing the Philippine Bar in 1986, Richards d) Retake the lawyer’s oath. (In re: Dacanay, 540
practiced law until 1996 when he migrated to Australia
SCRA 424)
where he subsequently became an Australian citizen
in 2000. As he kept abreast of legal developments, 26. A proceeding for disbarment is considered sui generis.
petitioner learned about the Citizenship Retention and Explain briefly, giving at least five (5) reasons in support
Re-Acquisition Act of 2003 (R.A. No. 9225), pursuant to of your answer. (2002 Bar Question)
which he reacquired his Philippine citizenship in 2006.
SA: A disbarment proceeding is sui generis or a class by
He took his oath of allegiance as a Filipino citizen at
itself, because:
the Philippine embassy in Canberra, Australia. Jaded
by the laid back life in the outback, he returned to the (1) It is not a civil or criminal proceeding;
Philippines in December 2008. After the holidays, he (2) The defense of double jeopardy cannot be raised;
established his own law office and resumed his practice
of law. (3) It can be initiated motu proprio by the Supreme
Court or the IBP;
Months later, a concerned woman who had secured
(4) It can proceed regardless of the interest or lack of
copies of Atty. Richards’ naturalization papers with
interest of the complainant;
consular authentication, filed with the Supreme Court
an anonymous complaint against him for illegal practice (5) Itis imprescriptible;
of law. (6) It is confidential; and
A. May the Supreme Court act upon the complaint (7) Itis due process in itself.
filed by an anonymous person? Why or why not?
27. Upon learning from newspaper reports that bar
B. Is respondent entitled to resume the practice of candidate Vic Pugote passed the bar examinations,
Law? Explain. (2010 Bar Question) Miss Adorable immediately lodged a complaint with the
SA: A. Yes, the Supreme Court can take cognizance of the Supreme Court, praying that Vic Pugote be disallowed
complaint filed by an anonymous person. There is no from taking the oath as a member of the Philippine Bar
need to identify the complainant when the evidence because he was maintaining illicit sexual relations with
is documented and verifiable. (In re: Echiverri, 67 several women other than his lawfully wedded spouse.
SCRA 467; In re: Araula, 81 SCRA 4838; Concerned However, from unexplained reasons, he succeeded to
Citizens v. Elma, 241 SCRA 84) The facts of the take his oath as a lawyer. Later, when confronted with
case show that the documents submitted to the Miss Adorable’s complaint formally, Pugote moved
~ Supreme Court are verifiable because they are for its dismissal on the ground that it is already moot
public records. and academic. Should Miss Adorable’s complaint be
dismissed or not? Explain briefly. (2004 Bar Question)
B. Yes, the respondent is entitled to resume his
practice of law if he complies with the following SA: The complaint should not be dismissed. The charge
procedures laid down by the Supreme Court, to wit: against Vic Pugote is about his good moral character
which is not only a requisite for admission to the Bar,
(a) Update and pay in full his annual membership
but is also a continuing requirement to maintain his
dues in the IBP;
membership in the Bar. Hence, the admission of Vic
(b) Pay his professional tax; Pugote to the Bar does not render the question moot
and academic, good moral character being a continuing
(c) Complete at least 36 credit hours of manda-
requirement. It must be determined if Vic Pugote
tory continuing legal education; and possesses the necessary good moral character.
20 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
28. C filed a verified administrative complaint against Atty.
D. In the course of the investigation, C presented an
affidavit of desistance which she identified on the witness
stand. What course of action should the investigator
take? Explain. (2000 Bar Question)
SA: The investigator should continue the investigation.
Disbarment proceedings are sui generis, meaning neither
civil nor criminal in nature. It is an administrative
proceeding to determine whether a lawyer is fit to be
a member of the bar. Therefore, a desistance by the
complainant is not important. “The case may proceed
regardless of the interest or lack of interest of the
complainant.” (Rayos-Ombac v. Rayos, 285 SCRA 93)
The respondent may be suspended or disbarred, if the
evidence warrants, regardless of the desistance of the
complainant. But if the complainant refuses to testify
and the charges cannot be substantiated, the investigator
must dismiss the case.
29. Arabella filed a complaint for disbarment against her
estranged husband Atty. P on the ground of immorality
and use of illegal drugs.
After Arabella presented evidence and rested her
case before the Investigating Commissioner of the IBP
Committee on Bar Discipline, she filed an Affidavit of
Desistance and motion to dismiss the complaint, she
and her husband having reconciled for the sake of their
children.
You are the Investigating Commissioner of the
IBP. Bearing in mind that the family is a social insti-
tution which the State is duty-bound to preserve, what
will be your action on Arabella’s motion to dismiss the
complaint? (2010 Bar Question)
SA: I will deny the motion to dismiss. A disbarment
proceeding is sui generis, it is neither a civil nor a
criminal proceeding. Hence, an affidavit of desistance
and motion to dismiss the complaint cannot stop the
investigation. It is an administrative proceeding to
determine whether the lawyer is fit to be a member
of the bar. “No investigation shall be interrupted or
terminated by reason of the desistance, settlement,
INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 21
compromise, restitution, withdrawal of the charges or
failure of the complainant to prosecute the same.” (Sec.
5, Rule 139-B, Revised Rules of Court)
30. X, a member of the Bar, was charged with and found
guilty of estafa for which he was sentenced to suffer
imprisonment and to indemnify the offended party
for the amount involved. Not having taken an appeal
from the judgment of conviction, upon finality thereof,
he was taken into custody to serve sentence. A month
after he was incarcerated, he was granted pardon by the
Chief Executive on condition that he would not commit
another offense during the unserved portion of his prison.
sentence. Soon after X’s release from custody after being
pardoned, the offended party in the criminal case filed
a Complaint for Disbarment against X in the Supreme
Court. X set up the defense that having been pardoned
by the Chief Executive for which reason he was released
from imprisonment, he may not be disbarred from the
practice of law anymore. Is X’s contention tenable?
(1999 Bar Question)
SA: No, the contention of X is not tenable.
The Chief Executive granted only a conditional
pardon. The conditional pardon did not operate as a
bar to his disbarment. It merely relieved him of the
penal consequence of his act. Hence, the complaint for
disbarment may continue. (In re: Gutierrez, 5 SCRA 661;
Inre: Avancefia, 20 SCRA 1012) The acts done by X, why
he was convicted, can be used to show whether he still
possess[es] the necessary requirement of good moral
character for his continued membership in the Bar. (In
re: Vailoces, 117 SCRA 1)
ol. Ben filed proceedings for disbarment against his lawyer,
Atty. Co, following the latter’s conviction for estafa for
misappropriating funds belonging to his client (Ben).
While the proceedings for disbarment was pending, the
President granted absolute pardon in favor of Atty. Co
then, moved for the dismissal of the disbarment case.
Should the motion be granted? (1998 Bar Question)
SA: No, the motion should not be granted. It has to be
determined whether the complaint for disbarment is

22 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
based solely on his conviction of estafa or is based on his
professional misconduct in the transaction. As a general
rule, an absolute pardon by the President wipes
the conviction and the offense hence grant thereof to a
lawyer absolves him from the complaint for disbarment
filed against him if the disbarment proceeding is based
only on his conviction. (In re: Parcasion, 69 SCRA 336)
However, if the complaint for disbarment is based on his
professional misconduct in the transaction for which he
was convicted then, the pardon only relieves him of the
penal consequences of his act. It does not operate to bar
the disbarment proceeding against him as his criminal
acts may constitute proof that he does not possess the
necessary good moral character to remain a member of
the bar. (In re: Lontoc, 48 Phil. 293)
32. Atty. Queliza was convicted of qualified seduction.
He was subsequently disbarred at the initiative of
the IBP. Before he could complete the service of his
sentence, he was given an absolute pardon by the
President. He thereupon petitioned the Supreme Court
for reinstatement to the practice of law as a legal and
logical consequence of the absolute pardon. Is he entitled
to reinstatement? (1994 Bar Question)
SA: Before he can be reinstated, he must still show that aside
from the absolute pardon, he is already a changed man,
a person of good moral character and a fit and proper
person to practice law. (In Re: Rovero, 101 SCRA 797) An
absolute pardon does not automatically entitle a lawyer,
previously disbarred for conviction of a crime involving
moral turpitude, to reinstatement. His reinstatement is
still subject to the discretion of the Supreme Court.
33. Cliff and Greta were law school sweethearts. Cliff
became a lawyer, but Greta dropped out. One day, Cliff
asked Greta to sign a marriage contract. The following
day, Cliff showed Greta the document already signed by
an alleged solemnizing officer and two witnesses. Cliff
then told Greta that they were already married and
Greta consented to go on a honeymoon. Thereafter, the
couple cohabited and begot.a child. Two years later, Cliff
left Greta and married a Venezuelan beauty. Incensed,
INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW 23
Greta filed a disbarment complaint against Cliff. Will
the case prosper? Explain. (2009 Bar Question)
out SA: Yes, the case will prosper. A lawyer who deceives a
woman by making her believe that they are already
married after they signed an application for a marriage
license, and thereafter took advantage of her belief to
satisfy his lust, lacks integrity, and good moral character.
Such lawyer does not deserve to be a member of the bar.
The acts of Cliff show lack of good moral character and
is unfit to be a member of the bar. (Cabrera v. Agustin,
106 Phil. 256)
34. Atty. Simeon persuaded Armando, Benigno, and Ciriaco
to invest in a business venture that later went bankrupt.
Armando, Benigno, and Ciriaco charged Atty. Simeon
with estafa. Simultaneously, they filed an administrative
complaint against the lawyer with the Supreme Court.
a) If Simeon is convicted of estafa, will he be dis-
barred? Explain.
b) If Simeon is acquitted of the estafa charge, will
the disbarment complaint be dismissed? Explain.
(2009 Bar Question)
SA: a) Yes, he will be disbarred because one of the
grounds for a lawyer to be disbarred is conviction
of a crime involving moral turpitude. (Sec. 27, Rule
138, Revised Rules of Court) Estafa is a crime that
involves moral turpitude.
b) No, it will not be dismissed automatically. Tt will
depend on the ground of his acquittal. If it is based
on the ground that no crime was committed, or
Simeon is innocent, the disbarment complaint will
be dismissed. However, if the acquittal is based on
reasonable doubt then the disbarment complaint
will not be dismissed. Disbarment proceedings
are sui generis, it is neither civil or criminal. It is
a proceeding to determine whether a lawyer still
deserves to be a member of the bar. Thus, if the act
complained of constitutes his lack of integrity and
good moral character, even if the same act did not
constitute the crime, he may still be disbarred.
 24 ETHICALLY YOURS 25
INTRODUCTION AND ADMISSION TO THE PRACTICE OF LAW
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

35. John Doe, former utility man in the Supreme Court disgrace to the judiciary to receive one, as an officer of
and Deo Cruz were criminally prosecuted in connection the court, whose integrity is questionable, to clothe him
with the bar examination irregularities which misled with the prestige of its confidence, and then to permit
the Supreme Court into admitting Deo Cruz to the bar. him to hold himself out as a duly authorized member of
John Doe pleaded guilty upon being arraigned and was the bar. (In re: del Rosario, 52 Phil. 399)
thereafter accordingly sentenced. Deo Cruz, on the other
hand, entered trial and was thereafter acquitted, his 37. Atty. Perez was admitted as a member of the New York
guilt not having been proved beyond reasonable doubt. Bar. While in Manhattan, he was convicted of estafa
Subsequently, disbarment proceedings were instituted and was disbarred. Does his disbarment in New York a
against Cruz on the basis of his participation in the said ground for his automatic disbarment in the Philippines?
irregularities. (2006 Bar Question)
What is the effect of his acquittal in the criminal SA: No, the disbarment of Atty. Perez in New York for
case on the disbarment proceedings against him? his conviction of estafa is not an automatic ground
Discuss. (1976, 1985 Bar Exams) for his disbarment in the Philippines. He cannot be
automatically disbarred in the Philippines because he
SA: If the acquittal is based on the ground that no crime is still entitled to due process (notice and hearing). His
was committed, or that Deo Cruz is innocent, the conviction of estafa, a crime involving moral turpitude,
administrative case may be dismissed. However, if is a prima facie evidence in the Philippines for his
the acquittal is based merely on reasonable doubt, the disbarment or suspension. (Sec. 27, Rule 138, Revised
disbarment proceeding must continue to determine . Rules of Court)
whether he deserves to remain as a member of the bar.
Such determination is necessary because his acquittal 38. Atty. LA is a member of the Philippine Bar _and
merely avoids the penalty of the law but is not sufficient the California Bar in the United States. For willful
to dismiss the disbarment proceedings to determine his disobedience of a lawful order of a Superior Court in Los
misconduct. a Angeles, Atty. LA was suspended from the practice of
law in California for one (1) year. May his suspension
36. A lawyer was prosecuted for rape. The charge, however, abroad be considered a ground for disciplinary action
was dismissed on reasonable doubt. The offended party against Atty. LA in the Philippines?. Why? (2002 Bar
subsequently filed disbarment proceedings against the Question)
lawyer under the same facts upon which the criminal
SA: Yes, the suspension of Atty. LA abroad to practice law
charge was based. May the disbarment case prosper?
State your reasons. (1993 Bar Question) may be considered only as a ground for his disciplinary
action in the Philippines if the said suspension was
SA: Yes, the disbarment case may prosper. The rape charge ‘based on grounds for disbarment in the Philippines.
was dismissed because of reasonable doubt not because
the lawyer was innocent or that he did not commit 39. Atty. N had an extramarital affair with O, a married
the crime. A disbarment proceeding is a proceeding to woman, as a result of which they begot a child, P. Atty.
determine whether a lawyer still deserves to be a member N admitted paternity of the child P and undertook to
of the bar. If the act constitutes gross immorality, even if support him. On the basis of this admission, is Atty. N
the same act did not constitute the crime of rape, he may subject to disciplinary action by the Supreme Court?
still be disbarred. The standards of the legal profession -Why? (2002 Bar Question)
are not satisfied by conduct which merely enables one SA: Yes, Atty. N is subject to disciplinary action by the
. to escape the penalties of criminal law. It would be a Supreme Court. A lawyer maintaining an illicit affair
 26 ETHICALLY YOURS 1-6) 27
LAWYER AND THE SOCIETY (CANONS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

with a married woman is of “grossly immoral conduct” A. LAWYER AND THE SOCIETY (CANONS 1-6)
and has low regard for the fundamental ethics of the
legal profession. (Tucay v. Tucay, 318 SCRA 229) The
a)~ CANON 1: Duty to uphold the Constitution, Obey the
act of Atty. N is grossly immoral and unethical that
Laws and Promote Respect for Law and Legal Processes.
he is unfit to practice law and should be subjected to
disciplinary action. As such, a lawyer shall:

40. 1) _ be honest and moral;

Atty. E entered his appearance as counsel for defendant
F in a case pending before the Regional Trial Court. F 2) _ obey and promote the laws and support the legal
later complained that he did not authorize Atty. E to system;
appear for him. F moved that the court suspend Atty. not engage in barratry and not delay any man’s
3)
E from the practice of law. May the judge grant the cause; and
motion? Explain. (2000 Bar Question)
4) promote fair settlement.
SA: Yes, the judge may grant the motion. The unauthorized
appearance of Atty. E is a ground for suspension or b) CANON 2: Duty to be an efficient lawyer compatible to
disbarment. (Sec. 27, Rule 138, Revised Rules of Court the integrity of the legal profession.
[RRC]) His unauthorized appearance is unethical and As such, a lawyer shall:
is violative of the Rule in which he may be punished for
1) protect the rights of the defenseless and the
contempt. (Sec. 21, Rule 138, RRC)
oppressed; 7
41. “What is legal is moral.” State your comment on the 2) not engage in vulgar solicitation of legal business;
correctness or incorrectness of this proposition. (1998 and
Bar Question)
3) not engage in cut-throat rate competition.
SA: “What is legal is moral” is not necessarily correct. With
respect to lawyers, there are acts which may be legal c) CANON 3: Duty of honest and dignified pronouncements
and necessary but not necessarily moral. The purpose of of his qualifications.
legal ethics is precisely to govern the ethical norms and As such, a lawyer shall:
moral behavior of lawyers.
1) be honest in the pronouncements of his legal services
and in the use of his firm name;

2) withdraw from the firm when he accepts a public

office; and

3) ~ not pay for publicity to attract legal business.

d) CANON 4: Duty to initiate and support efforts to improve
the legal system.
As such, a lawyer shall participate in activities
geared toward law reform.

e) CANON 5: Duty to be abreast of legal developments.

As such, a lawyer shall update himself with the law
and latest jurisprudence.
28 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
f) CANON 6: CPR Duties apply to lawyers in government.
As such:
1) Public prosecutors’ primary task is to ensure that
justice is done;
2) Lawyers in government shall separate public duties
from private interests; and
3) Former government lawyers shall avoid conflict of
interest after leaving government service. (See Code
of713)
Conduct and Ethical Standards under und R.A. No.
1. Q: What are the duties of an attorney to the society under
the Code of Professional Responsibility?
SA: The primary duty of a lawyer to the society is that he
must be an example of righteousness. He must be of good
moral character. He must give allegiance to the country.
uphold the Constitution, obey the laws of the land and
the legal orders of its duly constituted authorities
support the improvement of the legal system, and be
abreast of legal developments.
2. Q: Atty. XX rented a house of his cousin JJ on a month-
to-month basis. He left for a 6-month study in Japan
without paying his rentals and electric bills while he
was away despite JJ’s repeated demands.
Upon his return to the Philippines, Atty. XX still
failed to settle his rental arrearages and electric bills,
g On long weekends, he dates beautiful actresses in Hong
Atty. XX contended that his non-payment of rentals
and bills to his cousin is a personal matter which has no
pearing on his profession as a lawyer and, therefore, he
id not violate the Code of Professional Res ponsibilit
ibili y.
(2010 Bar Question) 4 In his answer, Atty.
A. Is Atty. XX’s contention in order?
B. Cite two specific Rules in the Code of Professional
Responsibility, violation of which subjects a lawyer
to disciplinary action by the Supreme Court
29
LAWYER AND THE SOCIETY (CANONS 1-6)
although the acts complained of are purely personal
or private activities that do not involve the practice
of law.
SA: A. No, the contention of Atty. XX is not in order. He has
the moral obligation and legal duty to settle them
- when it becomes due. Lawyers must at all times
faithfully perform their duties to society, to the bar,
to the court, and to their clients, which includes
paying their financial obligations on time. Atty. XX
cannot claim that his non-payment of his financial
obligation has no bearing to his profession as a
lawyer. A lawyer should not engage in unlawful,
dishonest, and deceitful conduct. (Cham v. Paita-
Moya, 556 SCRA 1)
B. Yes, Atty. XX violated the Code of Professional
Responsibility (CPR), specifically: a) Rule 1.01: “A
lawyer shall not engage in unlawful, dishonest,
immoral and deceitful conduct”; and b) Rule
7.08: “A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor
should he, whether in public or private life, behave -
in a scandalous manner to the discredit of the legal
profession.” The refusal of Atty. XX to settle his
financial obligations is unethical and, although it
is not in any way related to his practice of law, it
may subject him to disciplinary action because his
conduct adversely reflects on his fitness to practice
the profession. :
Atty. Hyde, a bachelor, practices law in the Philippines.
Kong. Kristine, a neighbor in the Philippines, filed with
the Supreme Court an administrative complaint against
the lawyer because of sex videos uploaded through the:
Internet showing Atty. Hyde’s sordid dalliance with the
actresses in Hong Kong.
Hyde (1) questions the legal
personality and interest of Kristine to institute the
complaint and (2) insists that he is a bachelor and the
private life which is outside
sex videos related to his
nothing to do with his law
public scrutiny and have
practice.
 30 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER) 1-6) 31
LAWYER AND THE SOCIETY (CANONS

Bar Questi
Rule onon)
the validity of Atty.y. Hyde’
Hyde’s defenses. (2009
act had no relation to his practice of law he may still
be subjected to disciplinary action. Under the Code of
SA: (1) The legal personality of complainant Kristine is
Professional Responsibility (CPR), a lawyer should not
immaterial. She is not a plaintiff and her interest
engage in a conduct that will adversely reflect on his
1s not required for the complaint against Atty
fitness to practice law, whether in his public or private
Hyde to prosper. It is worthy to note that the
life, to the discredit of the legal profession. (Rule 7.03,
Supreme Court in many cases took cognizance of Canon 7, CPR) In the case at bar, his act of transporting
administrative complaints filed by anonymous
smuggled goods adversely reflects on his fitness to
complainants against erring lawyers.
practice law because he committed a crime, it discredits
The administrative complaint filed against the legal profession.
Atty. Hyde is a disbarment proceeding. It is sui
generis, it 1s not a civil or criminal proceeding. The Further, the facts show that there is conspiracy to
purpose of a disbarment proceeding is to determine commit the crime of smuggling, a crime that involves
whether a lawyer, in this case, Atty. Hyde, is still moral turpitude. As a lawyer, he took an oath to obey
fit to be member of the bar. Hence, his contention the laws and his act of knowingly transporting smuggled
questioning the legal personalit * ots . goods is a violation of a law, a violation of his oath, which
y of Kristine is can be a ground for his disbarment. (Sec. 27, Rule 138,
untenable.
Revised Rules of Court)
(2) The second defense of Atty. Hyde is also not
tenable. As a lawyer, Atty. Hyde has the duty Atty. Asilo, a lawyer and a notary public, notarized a
not to engage in unlawful, dishonest, immoral document already prepared by spouses Roger and Luisa
and deceitful conduct.” (Rule 1.01, Canon 1, Code when they approached him. It is stated in the document
of Professional Responsibility [CPR]) Also he has that Roger and Luisa formally agreed to live separately
the duty not to, “whether in public or private
life from each other and either one can have a live-in partner
behave in a scandalous manner to the discredit of with full consent of the other.
the legal profession.” (Rule 7.08, Canon 7 CPR) (1998
What is the liability of Atty. Asilo, if any?
Clearly, in the case at bar, the acts of Atty. Hyde
were immoral and scandalous. His conduct surely
Bar Question)
has a negative effect in his fitness to practice law SA: Atty. Asilo is administratively liable. He violated the
pnd Puts the image of the legal profession in a bad Code of Professional Responsibility (CPR). “A lawyer
ight, shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system.”
4, Q: A lawyer was apprehended with 200 (Rule 1.02, Canon 1, CPR) The agreement of spouses
car
untaxed and smuggled “blue seal” cigarettes norely Roger and Luisa to live separately from each other and
to accommodate a friend. Proceedings to disbar that either one could have a live-in partner with the full
him
are commenced, and he defends himself with the
plea consent. of the other is contrary to law and morals. He
that his act of transporting the “blue seal” untaxed and should not have notarized such an illegal or immoral
smuggled cigarettes had no relation to the practice of contract or agreement. His ratification of such a
law, and that he cannot therefore be disbarred for
that contract, aimed to defy our laws, constitutes malpractice
Bar
reasonExace
. Resolv
, e the issue, » giving
givin your reasons. (1966 or gross misconduct in office. He should have counseled
the spouses that their agreement is illegal and void and
SA: The lawyer, in the case at bar, is gravely mistaken. cannot have any binding or legal effect. (In re: Santiago,
His reason is untenable 70 Phil. 661; Panganiban v. Borromeo, 58 Phil. 367; In
because even if his unlawful
re: Bucana, 72 SCRA 14)
32 ETHICALLY YOURS 33.
LAWYER AND THE SOCIETY (CANONS 1-6)
(YOUR LEGAL AND JUDICIAL ETHICS REVI
EWER)

Alleging that Atty. Malibu seduced her when sh I have to call the attention of my client and ask him to
was only sixteen (16) years old, which resulted in h : rectify the same and if he does not, I have to terminate
pregnancy and the birth of a baby girl. Miss (Rule 19.02, Canon 19,
Maga mn my relationship with him.
filed a complaint for his disbarment
the alleged seduction was committed.
seven year 5 fer CPR)
mee ow’
Atty. Malibu contended that, ‘consideri 8. Q: Attorney A is the legal counsel of “Ang Manggagawa” a
consid
period of delay, the complaint filed against
n ering th labor union whose case is pending before the Court of
him can no
onger be entertained much less prosecuted Appeals. In order to press for the early resolution of their
because the
alleged offense has already prescribed. case, the union officers decided to stage a demonstration
in front of the Court of Appeals, which Attorney A,
Is Atty. Malibu’s contention tenabl
nable
|
or not? ? Reason when consulted, approved of, saying that it was their
:
briefly. (2004 Bar Question)
constitutional right to peaceably assemble and petition
SA: me contention of Atty. Malibu is not tenab the government for redress of their grievances and for
le.
met arment proceedings are sut generis, the speedy disposition of their cases before all judicial,
it is neither
on or sana The Pephone is not only to determine quasi-judicial or administrative bodies. Is it appropriate
wyer is fit to be a memb for Attorney A to give that advice to the union officers?
but also to safeguard the administration of Sustn Explain. (2003 Bar Question)
e
protecting the court and the public from the
miscond 4 It was not appropriate for Atty. A to give such an advice.
of lawyers. Unlike ordinary proceedings
disbarment In the case at bar, the union officers relied heavily on
is imprescriptible. The defense of prescripti
on is not the advice of Atty. A hence, his approval for them to |
available and the ordinary statute of limit
ations has no stage a demonstration in front of the Court of Appeals
appli
20 cationTies)
SCRA in disbar ment proceeding
i s. (Calo v. Degamo, is unethical because it is an attempt to influence or
pressure the court. The advice of Atty. A to the union
During the course of his cross-examination officers to do activities that will lessen the confidence of
had testified to events and circumstances
your client the public in the legal system is contrary to his duty in
personally know to be untrue. If his testimony
which vot the Code of Professional Responsibility. As an officer of
was iven the court, Atty. A should not have given such an advice
credence and accepted as fact by the court,
you are sure that will give the union officers an idea or impression
win. your chent’s case. Under the Code of Profe
ssional that they can pressure the courts. Picketing before the
esponsibility, what is your obligation to
the public? court are attempts to influence or pressure the courts
Explain. (1994 Bar Question)
me and constitute contempt of court. (Nestlé Phils., Inc. v.
SA: ynder the Code of Professional Responsibi
lity (CPR), a Sanchez, 154 SCRA 542)
awyer shall not engage in lawful, dishonest
immoral o
deceitful conduct (Rule 1.01, Q Atty. BB borrowed P30,000.00 from EG to be paid in six
Canon 1 CPR)
not counsel or abet activities aimed at
and sh 1 months. Despite reminders from EG, Atty. BB failed
defiance of the
law or at: lessenin g confid . to pay the loan on its due date, instead of suing in
1.02, Canon 1, CPR) ence in the legal system. (Rule court, EG lodged with an IBP chapter a complaint for
failure to pay a just debt against Atty. BB. The chapter
-*, ” In
ih the case at bar , my client
] was dishonest i secretary endorsed the matter to the Commission on Bar
his testimony and has violated the
law. As a lawyer tT Discipline (CBD). A Commissioner of the CBD issued an
cannot consent to such acts of my client
of perpetuating order directing Atty. BB to answer the complaint against
him but the latter ignored the order. Another order was
raud upon a tribunal hence, as my duty to
the public
34 ETHICALLY YOURS 35
LAWYER AND THE SOCIETY (CANONS 1-6)
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

issued for the parties to appear before the

Commissioner A client refuses to pay Atty. A his contracted attorney’s
at a certain date and time but only EG showe
d up. A fees on the ground that counsel did not wish to intervene
ird order submitting the case for resolution
was in the process of effecting a fair settlement of the case.
likewise ignored by Atty. BB.
Decide. (2001 Bar Question)
A. May Gisci
discipplina
linarry actioi n be taken against At The refusal of Atty. A to intervene in the settlement
for his failure to pay the loan? Why?
BB proceedings does not give his client the right not to pay
B. Was Atty. BB justified in ignoring the orders of his legal fees for legal services already rendered. If he
the
_ Commission on the ground that the Commission has already rendered some valuable legal service, he
had no power to discipline him for acts done in must be paid his attorney’s fees on the basis of quantum
his is dismissed. It is worthy to note
private capacity? Why? (2002 Bar Question) meruit, even if he
however that Atty. A, under the Code of Professional
SA: A. The general rule is that a lawyer may not be Responsibility (CPR), has the duty to encourage his
disciplined for failure to pay his debt
client “to avoid, end or settle a controversy if it will
Abalos, 315 SCRA 419) The remedy of waoditen BG admit of a fair settlement.” (Rule 1.04, Canon 1, CPR)
is to file anaction for collection against Atty. BB in
the regular courts. However, the Supreme Court 11. State, with a brief explanation, whether an unwed
in
certain cases, ruled that unwarranted obstinacy female lawyer may be sanctioned for carrying on a
in
evading payment of just debts is considered clandestine affair with her unwed male hairdresser.
gross
misconduct. (Constantino v. Saludares, 228 (2008 Bar Question)
SCRA
233) In the case at bar, the refusal of Atty.
BB to SA: The unwed female lawyer may not be sanctioned.
pay his lawful debt despite repeated deman
ds/ Intimate relationship between a man and a woman who
reminders and his failure to appear before
the are both of age and are not disqualified to marry each
CBD is an evidence of unjustified refusal to
settle other is not so corrupt as to constitute a criminal act nor
his debt which constitutes dishonest and immor
al so unprincipled to warrant disbarment or disciplinary
conduct. His dishonest conduct is compound
ed by action. (Soberano v. Villanueva, 6 SCRA 901) The
his failure to appear before th e CBD. H ence, Atty. relationship is not so grossly immoral.
BB may be disciplined.
SA: B. No, Atty. BB is not justified in ignoring the
orders 12. A businessman, is looking for a new retainer. He
of the Commission. By ignoring the order
s of the approached you and asked for your schedule of fees or
Commission, he violated his oath of office
and charges. He informed you of the professional fees he is
the Code of Professional Responsibility
(CPR) presently paying his retainer, which is actually lower
He disobeyed a lawful order of a duly const
ituted than your rates. He said that if your rates are lower, he
authority. As a lawyer, it is his duty to would engage your services.
obey the
laws and respect legal processes. (Canon
Further,
1, CPR) Will you lower your rates in order to get the client?
he cannot claim that the Commission
has no power Explain. (2005 Bar Question)
to discipline him for acts done in
his private capacity. “A lawyer shall not engage SA: No, I will not lower my rates. It is unethical for me to
in conduct that adversely reflects on his fitness to lower my rates. The practice of law is a profession and
practice law, nor should he, whether in public or not a trade. “A lawyer shall not charge rates lower than
private life, behave in a scandalous manner
to the those customarily prescribed unless circumstances so
discredit +a
7 CPR) of the legal profession.” (Rule 7.03, Canon warrant.” (Rule 2.04, Canon 4, Code of Professional
Responsibility [CPR]) It is unethical for lawyers to
 36 ETHICALLY YOURS 37
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER) LAWYER AND THE SOCIETY (CANONS 1-6)

engage in “cutthroat competition” since the

practice of SA: Yes, there was. The publication of the Photograpte =n
law is a noble profession. Further, in the al ] affair an : e ac the
case at bar, he newspapers of the inaugur
i
already has a lawyer and if I agree to lower ivatiing familiarity wt th member
ers cultivat s 0 !
my rate just
to get the legal business, I would be encroachin wadiviary were unethical. It runs contrary to the followin g
g on the
employment of a fellow lawyer, which is also rules of the Code of Professional Responsi bility, to wit:
unethical
and contrary to the CPR. (Rule 8. 02, Canon
8) ®)
‘Canon 2, Rule 2.03. A lawyer shall not do or permit
13. You are the managing partner of a law to be done any act designed primarily to solicit
firm. A new
foreign company, recently granted rights - legal business;
by the Civil
Aeronautics Board at the NAIA, is scout
ing for a law b) . Canon 3, Rule 3.01. A lawyer shall not use or
firm which could handle its cases in the Phili - permit the use of any false, fraudulent, misleading,
ppines and
provide legal services to the company and its deceptive, undignified, self-laudatory or un alr
personnel.
After discussing with you the extent statement of claim regarding his qualifications
of the legal
services your law firm is prepared to render, _ legal services; -
the general
manager gives you a letter-proposal from
firm in which its time-billing rates and profe
another law c) Canon 13. A lawyer shall rely on the merits of ne
ssional fees cause and refrain from any impropriety whic en
for various legal services are indicated. You ing
are asked to influence or gives the appearance of influenc
to submit a similar letter-proposal stating
your firm’s the court; and . |
proposed fees. The airline company’s gener
al manager
also tells you that, if your proposed fees would
at least be d) Canon 18, Rule 13.01. A lawyer shall not extend
25 per cent lower than those proposed by the
other firm, extraordinary attention or hospitality to, por re
you will get the company’s legal business. opportunity for, cultivating familiarity with judges.
How would
you react to the suggestion? (1997 Bar Ques
tion) hice? by
15. Determine whether the following SEE
SA: I will inform the General Manager that I canno i or une thical. \ Write
t propose n attorney are ethical
a lower fee because the practice of law is
a profession “Unethical,” as the case may be, opposite each letter and
and not a trade and that my legal fees, 7 . .
depending on explain.
their legal requirements, are reasonable.
It is unethical A. Acalling card, 2” x 2” in size, bearing his name in
for lawyers to charge lower legal fees
than that bold print, office, residence and e-mail addresses,
customarily prescribed. “A lawyer shall
not charge rates
lower than those customarily telephone and facsimile numbers.
prescribed unless the
circumstances so warrant.” (Rule 2.04, B. A business card, 3” x 4” in size, indicating the
Canon 2, Code
of Professional Responsibility) Hence, the propo
sal I will - _ aforementioned data with his photo,1” x 1” in size.
submit will contain fees that are reasonable
under the ¢ ictorial press release’ in a broadsheet
circumstances,
“ newpaper made by the attorney showing fm
14. Atty. B, C, and D> recently
being congratulated by the president O a c te ‘
inaugurated
partnership. Among the invited guests
their law ‘corporation for winning a multi-million ¢ ams g
were clients, suit against the company in the Supreme Court.
business executives and government offici
als, including
a few members of the judiciary. Photogra
phs were D. The same press release made by his client in a
taken during the inaugural affair which
the law firm tabloid. 7
subsequently caused to be published in major
newspaper E. A small announcement in BALITA; a tabloid in
dailies. Was there anything ethically wrong free ]legal
partnership had done? (1997 Bar Question
in what the Filipino, that the attorney 1sis giving
giving
) advice for September 2002. (2002 Bar Question)
 38 ETHICALLY YOURS
LAWYER AND THE SOCIETY (CANONS 1-6) 39
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

SA: A. Ethical, because the size of the calling cardis regula It turned out
r directed to verify the advertisement.
and provides objective information of the lawye
r that the number belongs to Attorney X, who was then
and in consonance with the Code of Profes
sional directed to explain to the Court why he should not be
Responsibility (CPR). “A lawyer, in makin
g known disciplinarily dealt with for the improper advertisement.
ms sega! services, shall use only of true, honest
, fair
ignified(Can
fata” and n object
> CPR)ive in formation
i ' of
or statement Attorney X, in his answer, averred that (1) the
advertisement was not improper because his name
B. Unethical, because the size was not mentioned in the ad; and (2) he could not be
of the calling card is subjected to disciplinary action because there was no
_ bigger than the normal size and the photo of the
lawyer on tne card gives the complaint against him.
impression that he is
commercializing the practice of law which d Rule on Attorney X’s contention. (2003 Bar
the legal profession. grades Question)
C. Unethical, because a lawyer should not resort SA: The contentions of Atty. X are not tenable because:
to
advertisements, direct or indirect. His pictor
ial (1) The advertisement is improper. It is a solicitation
press release was primarily designed to solicit
legal of legal business and tantamount to self-praise
business which is contrary to Rule 2.03,
Canon 2 as Atty. X claims to be a “competent lawyer.”
CPR. And if he paid or gave something to
the media
or ns release then he violated Rule 3.04, The fact that his name is not ‘mentioned in the
Canon 3
advertisement does not make it proper. He can
easily be identified just by calling the telephone
D. Ethical, because the lawyer cannot be
held number stated in the advertisement and asking
responsible for the press release of his client unles the name of the “competent lawyer” (Ulep v. Legal
s
he knew about it and did not stop his client or
he Clinic, Inc., 223 SCRA 378); and
caused his client to publish it then it would be
unethical. (2) He can be subjected to disciplinary action even if
there is no complaint filed against him. A complaint
EK. Unethical, because such an announcement
form of self-praise which is contrary to
is a is not necessary to initiate a disciplinary action
the ethical against a lawyer because the Supreme Court may
norms 37)of
Phil. the legal profession.n. (In(In re:re: Tagorda, 58 initiate the same motu proprio. (Sec. 1, Rule 139-B,
Revised Rules of Court)
16. A Justice of the Supreme Court, while reading
a news- 17. Facing disciplinary charges for advertising as a lawyer,
paper one weekend, saw the following advertisem
ent: Atty. A argues that although the calling card of his
businessman friend indicates his law office and his legal
ANNULMENT OF MARRIAGE specialty, the law office is located in his friend’s store.
Competent Lawyer Decide. (2001 Bar Question)
Reasonable Fee
Call 221-2221 SA: The argument of Atty. A is without merit. There is no
Mondays to Fridays reason why his law office and his legal specialty should
8:00 a.m. to 5:00 p.m. be indicated in the calling card of his friend even if
his law office is located in his friend’s store. Atty. A
committed unethical acts, to wit: a) he circumvented the
The following session day, the Justice called
attention of his colleagues and the Bar Confi
the prohibition on improper advertising; and b) he claimed
dant was legal specialty, which is self-praise or self-laudatory.
. 40 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
It. should be remembered that the practice of law is a
profession and not a trade, advertising and self-praise is
contrary to the ethical norms of the legal profession.
18. Q: Atty. E has a daily 10-minute radio program billed as:a
“Court of Common Troubles.” The program is advertised
by the radio station as a public service feature for
_ those who seek but cannot afford to pay for legal
advice. Its sponsors include a processing company and
_a detergent manufacturing firm which share with the
radio station the monthly. remuneration
of Atty. E. Is
there any impropriety in Atty. E’s role under the above
arrangement? (1997 Bar Question)
SA: There is impropriety in the arrangement of Atty. E
with the radio station. His legal advice is not really freé
because he receives remuneration for giving them. Also,
the giving of legal advice through a newspaper column
or radio or television broadcast is improper because
it is considered indirect advertising, a violation of the
confidential relation between a lawyer and his client and
a breach of the traditional standards of the profession.
(Agpalo, Legal Ethics and Judicial Ethics, 2009 Ed.,
p.124)
19. The shingle of a lone law practitioner Bartolome D.
Carton, who inherited the law office from his deceas
ed
father, Antonio C. Carton, carries these names: “Carto
n &
Carton Law Office.” Is that permissible or objectionable?
Explain. (2001 Bar Question)
SA: The firm name “Carton & Carton Law Office” is not
_ permissible, it is objectionable. Atty. Bartolome
D.
Carton is a solo practitioner and his firm name gives
the impression to the public that it is a partnership
where in truth and in fact it is not. The firm name
is
misleading considering that his father Atty. Antonio
C.
Carton is deceased. “In the choice of a firm name, no
false, misleading or assumed
name shall be used, the
continued use of the name of a deceased partner
is
permissible provided that the firm indicates in all
its
communications that the partner is deceased.” (Rule 3.02,
Canon 3, Code of Professional Responsibility [CPR])
In
the case at bar, he was never a law partner of his father
LAWYER AND THE SOCIETY (CANONS 1-6) 41
so even if he indicates in all his communications that
his father is already dead it would still be misleading,
hence, contrary to the CPR and objectionable.
May a law firm use the name of a deceased partner?
20. Q:
Qualify. (1996 Bar Question)
SA: Yes, a law firm can use the name of a deceased partner
as long as the firm indicates in all its communications
that said partner is deceased. “In the choice of a firm
name, no false, misleading or assumed name shall
be used, the continued use of the name of a deceased
partner is permissible provided that the firm indicates
in all its communications that the partner is deceased.
(Rule 3.02, Canon 8, Code of Professional Responsibility)
21. The law firm of Rodriguez, Delfin and Zafra had been
in existence for almost 25 years and had built up
an excellent reputation and a well-heeled clientele.
Sometime last year, partner Zafra died. of coronary
disease but Rodriguez and Delfin refused to drop his
name from the firm name. -
May Rodriguez and Delfin insist on keeping the
name of Zafra as part of the firm name? (1994 Bar
Question)
SA: Yes, Rodriguez and Delfin can insist to keep the name
of Zafra, their deceased partner, in their firm name
as long as they indicate in all communications that he
is deceased. (Rule 3.02, Canon 3, Code of Professional
Responsibility) .
22. Q: Atty. Oldie, 80 years old, refuses to pay his IBP dues.
He argues he is a senior citizen and semi-retired from
the practice of law. Therefore, he should be exempt from
paying IBP dues.
1) Is his argument correct?
For the same reasons, Atty. Oldie also insists
that he should be exempt from the Mandatory
Continuing Legal Education (MCLE) requirements.
2) Should he be exempt? (2006 Bar Question)
SA: 1) No, his argument is not correct because the Senior
Citizen’s Act does not include, and is not applicable
- 42 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
to the IBP dues. Further, that there is no
thing as a lawyer who is semi-retired. (Santos v.
Llamas, 822 SCRA 529) Hence, the refusal of Atty.
Oldie to pay his IBP dues is untenable.
2) Atty. Oldie should not be exempt from the
Mandatory Continuing Legal Education (MCLE)
requirements. MCLE is required to all lawyers
. to ensure that they “Keep abreast with law and
jurisprudence, maintain the ethics of the profession
and enhance the standards of the practice of law.”
(Rule 1, Rule on MCLE) Also, Canon. 5 of the Code
of Professional Responsibility makes it the duty of a
lawyer to participate in continuing legal education
programs, hence, he must comply with the MCLE °
requirement.
23. Under the Code of Professional Responsibility, what
is the principal obligation of a lawyer towards the
development of the legal system? (2004 Bar Question)
SA: The principal obligation of a lawyer is to participate in
the improvement of the legal system. He should initiate
or support efforts in law reform and the administration
of justice. “A lawyer shall participate in the improvement
of the legal system by initiating or supporting efforts in
law reform and in the administration of justice.” (Canon
4, Code of Professional Responsibility)
24,
State the aims and objectives sought to be accomplished
by the Mandatory Continuing Legal Education (MCLE).
(2003 Bar Question)
SA: The aims and objectives of the MCLE are to ensure
that lawyers “keep abreast with law and jurisprudence,
maintain the ethics of the profession and enhance the
standards of the practice of law.” (Sec. 1, Rules on MCLE
for Members of the IBP)
25. Provincial Prosecutor Bonifacio refused to represent the
Municipality of San Vicente in a case for collection of
taxes. He explained that he cannot handle the case with
sincerity and industry because he does not believe in the
position taken by the municipality.
LAWYER AND THE SOCIETY (CANONS 1-6) 43
such Can Prosecutor Bonifacio be sanctioned adminis-
tratively? (2006 Bar Question)
SA: Yes, Prosecutor Bonifacio can be sanctioned administra-
tively because he is not a private practitioner who can
decline legal employment. As a government lawyer, he
cannot refuse the performance of his duties on grounds
not provided for by law without violating his oath of
office. (Enriquez, Sr. v. Hon. Gimenez, 107 Phil. 933)
The government is his client to which he owes candor,
fairness, and loyalty. (Canon 16, Code of Professional
Responsibility) He has to protect its legal interest.
26. D was charged with estafa by C before the barangay
for misappropriating the proceeds of sale of jewelry on
commission. In settlement of the case, D turned over to
the barangay captain, a lawyer, the amount of P2,000.00
with the request that the barangay captain turns over
the money to C. Several months passed without C being
advised of the status of her complaint, C contacted D
who informed her that she (D) had long before turned
over the amount of P2,000.00 to the barangay captain
who undertook to give the money to her (C). C thus
filed a case against the barangay captain who at once
remitted the amount of P2,000.00 to C. May the barangay
captain be faulted administratively? Explain. (2000 Bar
Question)
SA: Yes, the barangay captain is administratively liable.
The Code of Professional Responsibility (CPR) is
applicable to government lawyers in the performance of
their official tasks. (Canon 6, CPR) Generally, lawyers
in government may not be disciplined as a member of
the bar for misconduct in the discharge of their office
as government officials but if their misconduct affect/[s]
their qualification as lawyers, then they may be
disciplined as members of the bar for their misconduct.
(Dinsay v. Cioco, 264 SCRA 703) The Supreme Court
ruled that a barangay captain violated the CPR when he
failed to remit for several months the amount given to
him for payment of an obligation. (Penticostes v. Ibafiez,
804 SCRA 281)
-44 ETHICALLY YOURS LAWYER AND THE LEGAL PROFESSION (CANONS 7-9) , 45
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

27. From the viewpoint of legal ethics, why should it be THE LEGAL PROF N (CANONS 7-9)
mandatory that the public prosecutor be present at the
trial of a criminal case despite the presence of a private
‘CANON 7: Duty to uphold the integrity and dignity of the
prosecutor? (2001 Bar Question) legal profession and support the Integrated Bar.
SA: It is mandatory that the public prosecutor be present - As such, lawyer shall:
during the trial of the criminal case despite the presence
of a private prosecutor because it his duty to see to 1). be answerable for information he submitted for his
it that the interest of the State is well-guarded and admission to the bar;
protected. Further, the private prosecutor may not be 2) support only qualified applicants for admission to
competent enough to prosecute the case and the interest
the bar; and :
of the private prosecutor is not completely the same as
that of the State. The interest of the private prosecutor 3) be professional and dignified, in his public or private
is only to convict the accused while the “primary duty of life.
a public prosecutor is not to convict but to see to it that .
justice is done.” (Rule 6.01, Canon 6, Code of Professional b) CANON 8: Duty to be professionally courteous and fair.
Responsibility) As such, a lawyer shall:
1) observe professional courtesy, fairness and candor
and not use abusive language in his professional
dealings; and
2) refrain from professional encroachment, whether
directly or indirectly.

c) CANON 9: Duty to not directly or indirectly, be involved

in the unauthorized practice of law.
As such, a lawyer shall:
1) not be involved in the unauthorized practice of law;
2) keep lawyer’s work limited to lawyer’s only; and
8) divide legal fees with lawyer’s only.

1 Q: May a lawyer be sanctioned for not paying the annual

IBP dues? Explain. (2008 Bar Question)
SA: Yes, a lawyer may be sanctioned for not paying his IBP
dues, he may be suspended or disbarred. It is the duty
of all lawyers “to support the activities of the Integrated
Bar.” (Canon 7, Code of Professional Responsibility) The
IBP dues are “for the effective discharge of the purposes
of the Bar, or adherence to the code of professional
 LAWYER AND THE LEGAL PROFESSION (CANONS 7-9) 47
. 46 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

Mike Adelantado, an aspiring lawyer, disclosed in his —

ethics or professional responsibility.” The Supreme petition to take the 2003 Bar Examinations that there
Court, upon the recommendation by the IBP Board of were two civil cases pending against him for nullification
Governors, disbarred a lawyer, for his “stubborn refusal of contract and damages. He was thus allowed to
to pay his membership dues” to the IBP notwithstanding conditionally take the bar, and subsequently placed
due notice. His name was stricken out from the Roll of third in the said exams.
Attorneys. (In re: Edillon, 84 SCRA 554)
Tn 2004, after the two civil cases had been resolved,
2. Q: 85-year-old Atty. Tandana refuses to pay his IBP dues Mike Adelantado filed his petition to take the Lawyer’s
arguing that he is already a senior citizen, semi-retired Oath and sign the Roll of Attorneys before the Supreme
and seldom appears in court. He claims he should be Court. The Office of the Bar Confidant, however, had
exempt from paying IBP dues. Is he correct? received two anonymous letters: the first alleged that
at the time Mike Adelantado filed his petition to take
SA: No, he is not correct. Lawyers who are senior citizens are
the bar, he had two other civil cases pending against
not exempt from paying IBP dues and his claim that he
him, as well as criminal case for violation of Batas
is semi-retired and seldom appears in court is not a valid.
Pambansa (B.P.) Bilang 22; the other letter alleged
reason not to pay his IBP dues. (Santos uv. Llamas, 322
that Mike Adelantado, as Sangguniang Kabataan (SK)
SCRA 529) The IBP dues are “for the effective discharge
Chairperson, had been signing the attendance sheets of
of the purposes of the Bar, or adherence to the code of
(SK) meetings as “Atty. Mike Adelantado.”
professional ethics or professional responsibility.” (In re:
Edillon, 84 SCRA 554) As a lawyer, it is his duty “to a. Having passed the bar, can Mike Adelantado
support the activities of the Integrated Bar.” (Canon 7, already use the appellation “attorney”? Explain
Code of Professional Responsibility) your answer.
b. Should Mike Adelantado be allowed to take his
A presidential aspirant was the guest of honor at a
testimonial dinner for the officers and oath as a lawyer and sign the Roll of Attorneys?
new members
of a provincial chapter of the IBP. In Explain your answer. (2005 Bar Question)
his speech, the
presidential aspirant announced that the IBP would a. No, he cannot. Only those admitted to the
play a major role in his administration. The officers of Philippine Bar can use the appellation “Attorney.”
the chapter, after the speech, declared their unqualified (Alawi v. Alauya, 268 SCRA 628) Passing the Bar
support for the “presidentiable’s” candidacy and en- Examination does make a person automatically a
joined all members to do likewise. Comment on this lawyer. The Bar passer must still take the lawyer’s
announcement of support of the IBP chapter. (1997 Bar oath of office and sign the Roll of Attorneys. These
Question) are prerequisites to admission to the Philippine
Bar.
SA: The Integrated Bar of the Philippines (IBP) is strictly
a non-political organization. Hence, it was improper SA: b. No; Mike Adelantado should not be allowed to
for the officers of the IBP chapter to make such an take his oath as a lawyer and sign the Roll of
announcement of support and ask their members to do Attorneys. First, because he showed lack of good
the same. The officers of the chapter should not have moral character when he used the title “attorney”
committed to support the presidential candidate as they before his admission to the Philippine Bar. (Aguirre
have compromised the organization. What they did was v. Rana, 403 SCRA 342) And second, he did not
to engage in partisan political activity contrary to the reveal in his petition to take the bar that there were
objectives of why the IBP was organized. two other civil cases and a criminal case pending
48 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
against him. He therefore withheld the truth and
suppressed material facts in connection with his
petition. His conduct is a sufficient ground to deny
his admission to the bar. (In Re: Galang, 66 SCRA
245) “A lawyer shall be answerable for knowingly
making a false statement or suppressing a material
fact in connection with his application for admission
to the bar.” (Rule 7.01 of the Code of Professional
Responsibility)
Prior to his admission to the freshman year in
reputable law school, Bar examinee A was charged
before the Municipal Trial Court with damage
property through reckless imprudence for accidentally
sideswiping a parked passenger jeepney. The case was
amicably settled with A agreeing to pay the claim of the
jeepney owner for P1,000.00. In his application to take
the 1997 Bar Examinations, A did not disclose the above
incident. Is he qualified to take the Bar Examinations?
(1997 Bar Question)
SA: No, A is not qualified to take the Bar Examinations. His
failure to disclose in his application for admission to
the bar examinations the fact that he had been charged
of such an offense is a ground to disqualify him. It is
immaterial if he was able to settle it or that the offense
charged does not involve moral turpitude. The fact is he
concealed such information from the Supreme Court. He
suppressed a material fact. He misrepresented under
oath that he has not been charged. This puts his good
moral character in question.
In a case where the respondent repeatedly omitted
to mention the pending criminal case against him in all
of his four applications for admission to take the bar
examinations, the Supreme Court found him to have
committed perjury for fraudulently concealing and
withholding such information. “The concealment of an
attorney in his application to take the bar examinations
of the fact that he had been charged with, or indicted for,
an alleged crime, is a ground for revocation of his license
to practice law.” (In re: Ramon Galang, 66 SCRA 245) “A
lawyer shali be answerable for knowingly making a false
statement or suppressing a material fact in connection
LAWYER AND THE LEGAL PROFESSION (CANONS 7-9) 49
with his application for admission to the bar.” (Rule
7.01, Code of Professional Responsibility)
6. Q: Atty. Walasunto has been a member of the Philippine
Bar for twenty (20) years but has never plied his
profession as a lawyer. His sole means of livelihood is
selling and buying real estate. In one of his transactions
as a real estate broker, he issued a bouncing check. He
was criminally prosecuted and subsequently convicted
for violating B.P. Blg. 22. In the disbarment proceedings
a filed against him, Atty. Walasunto contended that his
conviction for violation of B.P. Blg. 22 was not a valid
to ground for disciplinary action against a member of the
bar. He further argued that his act in issuing the check
was done in relation to his calling as a real estate broker
* and not in relation to the exercise of the profession of a
lawyer.
Are the contentions of Atty. Walasunto meritorious
or not? Reason. (2004 Bar Question)
SA: No, the contentions of Atty. Walasunto are not
meritorious. His conviction for violating B.P. Blg. 22
is considered to be a crime involving: moral turpitude
(People v. Tuanda, 181 SCRA 692), hence, a ground for
disbarment. (Sec. 27, Rule 138, Rules of Court)
“A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.” (Rule 1.01, Code of
Professional Responsibility [CPR]) “A lawyer shall not
engage in conduct that adversely reflects on his fitness
to practice law, nor shall he, whether in public or private
life, behave in a scandalous manner to the discredit
of the legal profession.” (Rule 7.03, CPR) Hence, he
cannot use as an excuse that he issued the check as a
real estate broker and not as of a lawyer. As a lawyer,
he must always conduct himself properly and must
maintain the moral fitness required of him when he
applied for admission to the Bar. (De los Reyes v. Aznar,
179 SCRA 635) A lawyer who commits an unlawful act,
not related to his professional duties as a lawyer, puts |
his moral character in serious doubt and renders him
unfit to continue to be a member of the legal profession.
(Melendrez v. Decena, 176 SCRA 662)
50 ETHICALLY YOURS LAWYER AND THE LEGAL PROFESSION (CANONS 7-9) 51
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

7. Atty. BB borrowed P30,000.00 from EG to be paid in six laws and respect legal processes. (Canon 1, CPR)
months. Despite reminders from EG, Atty. BB failed Further, he cannot claim that the Commission
to pay the loan on its due date, instead of suing in has no power to discipline him for acts done in
court, EG lodged with an IBP chapter a complaint for his private capacity. “A lawyer shall not engage
failure to pay a just debt against Atty. BB. The chapter in conduct that adversely reflects on his fitness to
secretary endorsed the matter to the Commission on Bar practice law, nor should he, whether in public or
Discipline (CBD). A Commissioner of the CBD issued an private life, behave in a scandalous manner to the
order directing Atty. BB to answer the complaint against discredit of the legal profession.” (Rule 7.03, Canon
him but the latter ignored the order. Another order was 7, CPR)
issued for the parties to appear before the Commissioner
at a certain date and time but only EG showed up. A May a lawyer give proper advice and assistance to a
third order submitting the case for resolution was client of another lawyer? Support your answer. (2001
likewise ignored by Atty. BB. Bar Question)
A. May disciplinary action be taken against Atty. BB SA: Yes, a lawyer may give proper advice or assistance to
for his failure to pay the loan? Why? a client of another lawyer, who feels that his lawyer is
neglectful and for as long as said client is seeking his
B. Was Atty. BB justified in ignoring the orders of the
legal advice, there is no conflict of interest and he is not
Commission on the ground that the Commission encroaching, directly or indirectly, on the legal business
had no power to discipline him for acts done in his
of the other lawyer. It is not unethical for such lawyer
private capacity? Why? (2002 Bar Question)
and it is within his right to provide such assistance.
SA: A. The general rule is that a lawyer may not be The Code of Professional Responsibility allows a
disciplined for failure to pay his debt. (Toledo v. lawyer, “without fear or favor, to give proper advice and
Abalos, 315 SCRA 419) The remedy of creditor EG assistance to those seeking relief against unfaithful and
is to file an action for collection against Atty. BB in neglectful counsel.” (Rule 8.02, Canon 8)
the regular courts. However, the Supreme Court, in
9. Under the Code of Professional Responsibility, what is
certain cases, ruled that unwarranted obstinacy in
the principal obligation of a lawyer to:
evading payment of just debts is considered gross
misconduct. (Constantino v. Saludares, 228 SCRA a) The legal profession and the Integrated Bar?
233) In the case at bar, the refusal of Atty. BB to
b) His professional colleagues? (I, 2004 Bar Ques-
pay his lawful debt despite repeated demands/
tion)
reminders and his failure to appear before the
CBD is an evidence of unjustified refusal to settle a) The principal obligation of a lawyer to the
his debt which constitutes dishonest and immoral - legal profession under the Code of Professional
conduct. His dishonest conduct is compounded by Responsibility is stated in Canon 7 which states
his failure to appear before the CBD. Hence, Atty. that: “A lawyer shall at all times uphold the
BB may be disciplined. integrity and dignity of the legal profession, and
SA: B. No, Atty. BB is not justified in ignoring the orders support the activities of the integrated bar.
of the Commission. By ignoring the orders of the b) The principal obligation of .a lawyer to his
Commission, he violated his oath of office and professional colleagues under the Code of
the Code of Professional Responsibility (CPR). Professional Responsibility is stated in Canon 8
He disobeyed a lawful order of a duly constituted which states that: “A lawyer shall conduct himself
authority. As a lawyer, it is his duty to obey the with courtesy, fairness and candor towards his
 52 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
professional colleagues, and shall avoid harassing
tactics against opposing counsel.”
10. A businessman is looking for a new retainer. He
approached you and asked for your schedule of fees or
charges. He informed you of the professional fees he is
presently paying his retainer, which is actually lower
than your rates. He said that if your rates are lower, he
would engage your services.
_ Will you lower your rates in order to get the client?
Explain. (2005 Bar Question)
SA: No, I will not lower my rates. It is unethical for me
to lower my rates. The practice of law is a profession
and not a trade. “A lawyer shall not charge rates lower
than those customarily prescribed unless circumstancés
so warrant.” (Rule 2.04 Canon 4, Code of Professional
Responsibility [CPR]) It is unethical for lawyers to
engage in “cutthroat competition” since the practice of
law is a noble profession. Further, in the case at bar, he
already has a lawyer and if I agree to lower my rate just 12.
to get the legal business, I would be encroaching on the
employment of a fellow lawyer, which is also unethical
and contrary to the CPR. (Rule 8.02, Canon 8)
11, Atty. Y, in his Motion for Reconsideration of the Decision
rendered by the National Labor Relations Commission
(NLRC), alleged that there was connivance of the NLRC
Commissioners with Atty. X for monetary considerations
in arriving at the questioned Decision. He insulted the
Commissioners for their ineptness in appreciating the
facts as borne by the evidence presented.
Atty. X files an administrative complaint against
Atty. Y for using abusive language.
Atty. Y posits that as lawyer for the down-trodden
laborers, he is entitled to express his righteous anger
against the Commissioners for having created them;
that his allegations in the Motion for Reconsideration
are absolutely privileged; and that proscription against
the use of abusive language does not cover pleadings
filed with the NLRC, as it is not a court, nor are any of
its Commissioners, Justices or J udges.
LAWYER AND THE LEGAL PROFESSION (CANONS 7-9) 53
Is Atty. Y administratively liable under the Code
of Professional Responsibility? Explain. (2010 Bar
Question)
SA: Yes, Atty. Y is administratively liable under the Code
of Professional Responsibility (CPR). He has clearly
violated Canons 8 and 11 of the CPR. “A lawyer shall
not in his professional dealings, use language which is
abusive, offensive or otherwise improper.” (Rule 8.01,
CPR) “A lawyer shall abstain from scandalous, offensive
or menacing language or behavior before the courts.”
(Rule 11.03, CPR)
The argument that the NLRC is not a court, is
without merit. Atty. Y is a member of the Bar, an officer
of the court and an “oath-bound servant of the law, whose
first duty is: not to his client but to the administration
of justice and whose conduct ought to be and must be
scrupulously observant of law and ethics.” (Ng v. Alar,
507 SCRA 465)
Q: Atty. Manuel is counsel for the defendant in a civil case
pending before the RTC. After receiving the plaintiffs
Pre-Trial Brief containing the list of witnesses, Atty.
Manuel interviewed some of the. witnesses for the
plaintiff without the consent of plaintiffs counsel.
a) Did Atty. Manuel violate any ethical standard for
lawyers? Explain. oe
b) Will your answer be the same if it was the plaintiff
who was interviewed by Atty. Manuel without the
consent of plaintiff's counsel? Explain (2009 Bar
Question) st
SA: a) No, Atty. Manuel did: not violate any ethical
standards for lawyers. “A lawyer may interview any
witness or prospective witness from the opposing
side in any civil or criminal action without the
consent of opposing counsel or party.” (Canon 39,
Canons of Professional Ethics) The role of a witness
is to tell the truth thus he is supposed to be neutral.
SA: b) No, my answer will not.be the same if it was the
plaintiff Atty. Manuel interviewed. “A lawyer
should not in any way communicate upon a subject
 54 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
of controversy with a party represented by counsel,
much less should he undertake to negotiate or
compromise the matter with him, but should
deal only with his counsel.” (Canon 9, Canons of
Professional Ethics) It was unethical for Atty.
Manuel to interview the plaintiff directly without
the consent of his counsel. It is an encroachment to
the employment of his counsel.
13. Q: Atty. A’s client filed a case against Atty. B’s client for
pirating the book of A’s client. A’s client is a friend of B.
A filed a disbarment complaint against B for convincing
A’s client to settle the case. Decide. (2001 Bar Question)
SA: The complaint filed by Atty. A against Atty. B for
disbarment will prosper because what he did was
unethical and in violation of the ethical standards
required to be observed by members of the legal
profession. “A lawyer should not in any way communicate
upon the subject of controversy with a party represented
by counsel, much less should he undertake to negotiate
or compromise the matter with him, but should deal
only with his counsel. It is incumbent upon the lawyer
most particularly to avoid everything that may tend
to mislead a party not represented by counsel and he
should not undertake to advise him as to the law.”
(Canon 9, Canons of Professional Ethics) Not only did
he communicate with the client of Atty. A but he also
represented conflicting interests when he convinced the
said client to settle without the consent or presence of
his counsel. (Rule 15.03, Canon 15, Code of Professional
Responsibility) His acts constitute malpractice and
grave misconduct which cannot be left unpunished for
they erode confidence and trust in the legal profession.
(Likong v. Lim, 235 SCRA 414)
14. When Atty. Aldrin received a copy of the decision of the
Court of Appeals, he filed a motion for reconsideration
using intemperate and disrespectful language with
a subtle threat that “knowingly rendering an unjust
judgment is punishable under the Revised Penal Code.”
The Court of Appeals ordered him to explain why
he should not be cited in contempt of court. Instead
_ 55
LAWYER AND THE LEGAL PROFESSION (CANONS 7-9)
of complying, he submitted to the Court of Appeals
his Petition to Retire from the practice of law which
he immediately filed with the Supreme Court after
receiving the citation for contempt. May he be allowed
to retire from the practice of law? (1998 Bar Question)
SA: No, he may not be allowed to retire from the practice of
law. If he will be allowed to retire, the authority of the
court to punish him will be negated. A practicing lawyer
facing contempt proceedings cannot just be allowed to
voluntarily retire from the practice of law as it would
negate the inherent power of the court to punish him for
contempt. (Montecillo v. Gica, 60 SCRA 234)
15. Q: You are the counsel of K in his action for specific
performance against DEV, Inc., a subdivision developer
which is represented by Atty. L. Your client believes that
the president of DEV, Inc., would be willing to consider
an amicable settlement and your client urges you to
discuss the matter with DEV, Inc., without the presence
of Atty. L whom he considered to be an impediment to
an early compromise. Would it be all right for you to
negotiate the terms of the compromise as so suggested
above by your client? (1997 Bar Question)
SA: No, it would be unethical for me to agree with the
suggestion of my client. I will not agree to negotiate the
terms of the compromise without the presence of the
counsel of the other party. “A lawyer should not in any
way communicate upon the subject of controversy with
a party represented by counsel, much less should he
undertake to negotiate or compromise the matter with
him, but should deal only with his counsel. It is incumbent
upon the lawyer most particularly to avoid everything
that may tend to mislead a party not represented by
counsel and he should not undertake to advise him as to’
the law.” (Canon 9, Canons of Professional Ethics) Also,
a lawyer should “not, directly or indirectly, encroach
upon the professional employment of another lawyer.”
(Rule 8.02, Canon 8, Code of Professional Responsibility)
The Supreme Court suspended a lawyer for negotiating
a compromise agreement directly with the adverse party
without the presence and participation of her counsels.
(Likong v. Lim, 235 SCRA 414)
56 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
16. After the pre-trial, Atty. Hans Hilado, counsel for
plaintiff Jennifer Ng, persuaded defendant Doris Dy to
enter into a.compromise agreement with the plaintiff
without the knowledge and participation of defendant’s
counsel, Atty. Jess de Jose. Doris acceded and executed
the agreement. Therein, Doris admitted her obligation in
full and bound herself to pay her obligation to Jennifer
at 40% interest per annum in ten (10) equal monthly
installments. The compromise agreement was approved
by the court.
Realizing that she was prejudiced, Doris Dy filed an
administrative complaint against Atty. Hilado alleging
that the latter prevented her from consulting her lawyer
Atty. De Jose when she entered into the compromise
agreement, thereby violating the rules of professional
conduct. Atty. Hilado countered that Doris Dy freely
and voluntarily entered into the compromise agreement
which in fact was approved by the court.
‘Did Atty. Hans Hilado commit malpractice and
grave misconduct as a lawyer? Explain. (1995 Bar
Question)
SA: Yes, Atty. Hilado committed malpractice and grave
misconduct. He violated the ethical standards of the legal
profession. “A lawyer should not in any way communicate
upon the subject of controversy with a party represented
by counsel, much less should he undertake to negotiate
or compromise the matter with him, but should deal
only with his counsel. It is incumbent upon the lawyer
most particularly to avoid everything that may tend
to mislead a party not represented by counsel and he
should not undertake to advise him as to the law.”
(Canon 9, Canons of Professional Ethics) Furthermore,
he represented conflicting interests (Rule 15.03, Canon
15, Code of Professional Responsibility [CPR]) and
encroached “upon the professional employment of
another lawyer.” (Rule 8.02, Canon 8, CPR) According to
the Supreme Court, his acts constitute malpractice and
grave misconduct which cannot be left unpunished for
they erode confidence and trust in the legal profession.
(Likong v. Lim, 235 SCRA 414)
87
LAWYER AND THE LEGAL PROFESSION (CANONS 7-9)
M has a pending case for collection of a sum of money.
17.
He is not satisfied with his lawyer N, who almost
always, goes to court evidently unprepared. He wants
you to promptly take over the case. You agree to handle
the case. What steps must you take to formalize the
engagement? (1997 Bar Question)
The first step I have to take is to ask M to formally
SA:
terminate the legal services of lawyer N and then for the
latter to file a notice of withdrawal as counsel of M in
court. Once the services of lawyer N are terminated then
I can enter my appearance in court as the new counsel
of M. Another way is, if lawyer N agrees to withdraw
simultaneously with my appearance, I can file with the
court a Notice of Substitution of Attorney which has the
written conformities of M and lawyer N.
18. is represented by Atty. Y in a case. for collection of
sontive sum of money, X is not satisfied with Atty. Y’s
legal service. X talks to you and wants you to take over
the case as soon as possible. You agree to handle the
case. What must you do to formalize the engagement?
Explain.
SA: First, I have to ask X to formally terminate the legal
service of Atty. Y and for X to ask Atty. Y to file in court
a notice to withdrawal as counsel of X in the case so that
I will not be encroaching in the legal business of Atty. Y.
Once the withdrawal is accepted by the court I can file
my entry of appearance to the court as the new counsel
of X. Another mode is, upon the forma] termination of
the services of Atty. Y and he agrees to withdraw, I can
file a Notice of Substitution of Attorney in court with the
signatures/conformities of X and Atty. Y.
and Salazar, a
19. Abad and De los Reyes, both lawyers,
certified public accountant. In order to enhance their
respective practice, desire to pool their resources
together and establish a partnership for the combined
purposes of law and accounting practice under the firm
name of Abad, De los Reyes, Salazar & Associates. Ts the
proposed partnership allowed? (1975 Bar Question).
SA: The proposed partnership is not allowed. It is unethical
for lawyers to form a professional partnership with a
is not a member of the bar. “Partnership
person who
 58 ETHICALLY YOURS 59
LAWYER AND THE COURTS (CANONS 10-13)
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

between lawyers and members of other professions

C. LAWYER AND THE COURTS (CANONS 10-13)
or non-professional persons should not be formed
or permitted where any part of the partnership’s
employment consists of the practice of law.” (Canon a) CANON 10: Duty of candor, fairness and good faith to the
38, courts.
Canons of Professional Ethics) In the case at bar, the
partnership will earn money from the legal services of As such, a lawyer shall:
the
lawyer partners which earnings will be divided with the
accountant partner, who is not licensed to practice 1) be truthful and be a minister of truth specially in his
law. dealings with the court;
“A lawyer shall not divide or stipulate to divide a fee for
legal services with persons not licensed to practic
e law.” 2) give accurate quotes and citations; and
(Rule 9.02, Canon 9, Code of Professional Responsibili
ty)
Furthermore, their firm name is misleading, the public 3) use the rules of procedure to achieve justice.
may think that Salazar, the accountant, is a lawyer to respect the courts and judicial
. b) CANON 11: Duty
20. You had just taken your oath as a lawyer. The secretary officers.
to the president of a big university offered to get you As such, a lawyer shall:
as.the official notary public of the school. She explained at
1) be properly attired in courts and: be punctual
that a lot of students lose their Identification Cards and
are required to secure [an] affidavit of loss before they hearings;
can be issued a new one. She claimed that this would 2) observe proper language and behavior in the courts;
be very lucrative for you, as more than 30 students lose
their Identification Cards every month. However, the 3) not attribute unfounded ill-motives to a judge;
secretary wants you to give her one-half of your earnings 4) not criticize the personal or official conduct of a judge
therefrom. in an insulting or intemperate language; and
Will you agree to the arrangement? Explain. (2005 5) observe proper grievance mechanism.
Bar Question)
c) CANON 12: Duty to assist in the speedy and efficient
SA: No, I will not agree to the proposed arrangement. “A administration of justice.
lawyer shall not divide or stipulate to divide a fee for
legal service with persons not licensed to practice law.” As such, a lawyer shall:
(Rule 9.02, Code of Professional Responsibility) The be always prepared for trial;
1)
secretary is not a person licensed to practice law,
hence, not engage in forum shopping;
it would be unethical for me to share with her one- 2)
half of my earnings from my legal services. Notarizing file pleadings on time;
affidavits is a legal service.
3)
4) not engage in dilatory tactics or misuse court
processes;
5) not coach his witness under examination;
6) not present false witness;
7) respect and not harass witness; and

8) not be a witness and counsel at the same time.

60 ETHICALLY YOURS 10-13) 61
LAWYER AND THE COURTS (CANONS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

d) CANON 13: Duty not to influence , or give

i the appear: at every peril to himself, preserve the secrets of
that he can influence, the court. Ppeavanee his client.” (Sec. 20fe], Rule 138, Revised Rules of
As such, a lawyer shall: Court) He is bound to keep the said information in
confidence because it was an admission of a crime
1) not influence, fraternize or be familiar with members already committed covered by the rule on privileged
of the judiciary; communication.
2) not resort to media to arouse public opinion during b) Atty. Romualdo can inform the judge that his client
the pendency of a case; and Vicente will commit perjury on the witness stand.
3) ‘respect judicial independence. The information relayed to him is not covered by
the rule on privileged communication because it is
of a crime about to be committed. As a lawyer, he is
not only an officer of the court but he took an oath
Is the duty of a lawyer to his client more paramount
not to do any falsehood nor consent to the doing of
than his duty to the Court? (2009 Bar Question)
any in court. He owes “candor, fairness and good
No, the duty of a lawyer to his client is not more faith to the court.” (Canon 10, Code of Professional
paramount than his duty to the courts because a lawyer. Responsibility) ny
first and foremost, is an officer of the court. (Salced
o
v. Hernandez, 61 Phil. 724) He owes the court candor In his petition for certiorari filed with the Supreme
fairness and good faith. (Canon 10, Code ofProfessional Court, Atty. Dizon alleged that Atty. Padilla, a legal
Responsibility) His public duties as a lawyer takes researcher in the Court of Appeals, drafted the assailed
precedence over his private duties to his client. Thus Decision; that he is ignorant of the applicable laws; and
where his duties to the courts conflict with his duties that he should be disbarred.
to
his client, the latter must yield to the former. (Langen Can Atty. Dizon, in castigating Atty. Padilla, be
v. Borkowsky, 43 ALR 622) His duty to the court is not held liable for unethical conduct against the Court of
SORA
secondary
a0 to that of his client. (Wicke
(Wickerr v.
v. A Arcangel, 252 Appeals? (2006 Bar Question) ,

SA:
When Atty. Romualdo interviewed his client, Vicente
who is accused of murder, the latter confessed that he
killed the victim in cold blood. Vicente also said that
when he takes the witness stand, he will deny having
done so. Is Atty. Romualdo obliged, under his oath
as
lawyer, to inform the judge that (a) his client is guilty
and (b) his client will commit perjury on the witnes
s
stand? Explain. (2009 Bar Question)
SA: a) Atty. Romualdo is not obliged to inform the judge
that his client Vicente is guilty or that he confessed
to him that he (Vicente) killed the victim becaus
e should observe and maintain the respect due to courts
the information that was relayed to him is covered
by the attorney-client privilege. It is his duty, as a
lawyer, to “maintain inviolate the confidence,
and
Yes, Atty. Dizon can be held liable for his unethical
conduct against Atty. Padilla, a legal researcher in the
Court of Appeals (CA). When he assailed the decision of
the CA, he attacked the institution. As an officer of the
court, he should “abstain from scandalous, offensive or
menacing language or behavior before the courts.” (Rule
11.08, Canon 11, Code of Professional Responsibility
[CPR]) It wasimproper and unethical for him to attack the
legal researcher in his appeal using abusive or offensive
language (Rule 8.01, Canon 8, Code of Professional
Responsibility) thus, he should be admonished for his
improper reference to the researcher in his petition. He
and its judicial officers. (Canon 11, Code of Professional
Responsibility) It should be remembered that “decisions
are rendered by the courts and not the persons or
62 ETHICALLY YOURS 10-13) 63
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER) LAWYER AND THE COURTS (CANONS

personnel who may participate therein by virtue of their

office.” (Maglucot-Aw v. Maglucot, 329 SCRA 78)
Due to the number of cases handled by Atty. Cesar, he
failed to file a notice of change of address with the Court
of Appeals. Hence, he was not able to file an appellant’s
brief and consequently, the case was dismissed.
Agegrieved, Atty. Cesar filed a motion for reconsideration
of the resolution dismissing the appeal and to set aside
the entry of judgment on the ground that he already
indicated in his “Urgent Motion for Extension of Time to
File Appeal Brief’ his new address and that this failure
to file a notice of change of address is an excusable
negligence. (2005 Bar Question)
Will the motion prosper? Explain.
SA: No, the motion will not prosper. The failure of Atty.
Cesar to file a notice of change of address with the Court
of Appeals is not an excusable negligence. It is his duty to
inform the court of his change of address. Lawyers must
not presume that the courts will take notice of their new
addresses in their pleadings. (Philippine Suburban Dev.
Corp. v. Court of Appeals, 100 SCRA 109)
Atty. A was found guilty of indirect contempt by
the Regional Trial Court and summarily suspended
indefinitely from the practice of law. Atty. A appealed to
the Supreme Court. Is his appeal meritorious? Reason.
(2000 Bar Question)
Atty. A be faulted administratively? Explain. (2000 Bar
Question)
SA: Yes, Atty. A may be faulted administratively. As a
lawyer, he “owes candor, fairness and good faith to ine
court” (Canon 10, Code of Professional Responsibi ity
[CPR]) thus, he should “not knowingly misquote or
misrepresent the contents of a paper, the language or t e
argument of opposing counsel, or the text of, a decision
or authority, or knowingly cite as a law a provision
already rendered inoperative by repeal or amendmen
or assert as a fact that which has not been proved. G ul e
0
10.02, Canon 10, Code of Professional Responsibility) '
cite as ratio decidendi an argume nt of one of the parties
in a Supreme Court decision shows lack of ee om
his part. (Commission on Election s v. Noynay, 292
254)
as retained by E ina case for violation of BP 22
fey by B before the scheduled hearing. Atty. Xassured
“
B that E would pay the value of the dishonored chec
B wined and dine
Elated at the prospect of being paid,
Atty. X several times. Atty. X convinced B not to appear
: ;
at the scheduled hearings. Due to non-appearance 0
te.
the estafa case was dismissed for failure to prosecu
she filed a case for
B, however, was never paid. Thus,
disbarment against Atty. X.
Does the conduct of Atty. X constitute malpractice?
Explain. (1996 Bar Question)

SA: Yes, the appeal of Atty. A is meritorious. He cannot be SA: Yes, the conduct of Atty. X constitute[s] malpractice
.
summarily penalized for indirect contempt because the because he obstructed the administration of justice
n, 57 Phil. 20) His duty as an
rules require that there must be a charge in writing duly (Cantorne v. Ducusi
filed in court and that the person charged be given the officer of the court is to assist in the administra ion
of justice, not to obstruct it. As a lawyer, he comes
opportunity to be heard. (Sec. 3, Rule 71, Revised Rules
of Court) candor, fairness and good faith to the court’ (Cano
10, Code of Professional Responsibility) which were
he did was ue y
In a pending labor case, Atty. A filed a Position Paper not manifested in his actions. What
on behalf of his client, citing a Supreme Court case improper and unethical as he committed falsehoo cane
represented conflicting interests in violation of the Co
and quoting a portion of the decision therein which he
stated reflected the ratio decidendi. However,
of Professional Responsibility.
what
he quoted was not actually the Supreme Court ruling
but the argument of one of the parties to the case. May During the course of his cross-examination, your client
you
had testified to events and circumstances which
64 ETHICALLY YOURS 65
LAWYER AND THE COURTS (CANONS 10-18)
(YOUR LEGAL AND JUDICIAL ETHIC
S REVIEWER)

personally know to be untrue. If his test

imony was given and must not be allowed. Such kind of criticism lessens
credence and accepted as fact by the court in she (egal See a abel
, you are sure the confidence of the pup
to win your client’s case. Under the Code
of Professional ous. It must not be tolerated.
Responsibility, what is your
(1994 Bar Question)
obligation to the court? oot entueiwe the personal or official conduct ae judge
in an insulting and intemperate language ( nu ) O
SA: Under the Code of Professional Respo Canon 11, Code of Professi onal Responsi ility ons
nsibility (CPR), “shall not attribute to a Judge motives not SP Rule
a lawyer “owes candor, fairness and good
faith to the \
court”[;] (Canon 10, CPR) as such, he shoul
d not do any by the record or have no materiality in the cape.
falsehood, nor consent to the doing of 11.04, Canon 11, Code of Professi onal Responsi bility
any in court nor
shall he mislead or allow the court to be
misled by any Court a
artifice. (Rule 10.01, Canon 1 0, CPR) Furth 10. On June 28, 2001, RJ filed with the Supreme
er, a lawyer
shall not knowingly assist a witness
to misrepresent petition for prohibition, with a prayer for a temporary
himself or to impersonate another. (Rule 12.06, restraining order/preliminary injunction, ere ta
Canon
12, CPR) hisi removal as chairmai n an d general ma
i
ent agency. He believed he had a fixed te
fixed term
In the case at bar, my client was
dishonest in there were indications
his testimony and has violated the sntil January 31, 2004, but
law. He committed replace him. As he a
perjury. As a lawyer, I cannot consent that the new President would
to such acts of my
client of perpetuating a fraud upon apprehended, an Administrative Order was issue
a tribunal, hence,
as my duty to the court, I have to call by the Chief Executive on July 2, 2001 recalling R s
the attention of
my client and ask him to rectify the same
and if he does appointment. Shortly thereafter, PT was appointe
not, I have to terminate my relationship the position in question.
with him. (Rule
19.02, Canon 19, CPR)
On July 3, 2001, RJ filed a motion to withdraw
When is public comment and criticism his petition. On the same day, without waiting or the
of a court decision his motion, he filed another peti ion with
permissible and when would it be impr resolution of
oper? (1997 Bar Trial Court sooking wo ot the ; is removat
Question) the Regional
i n and general mana '
SA: Public comment and criticism of a court decision & 2001, his motion to withdraw the
by a 3 ay On July
lawyer is allowed-as long as it does not
go beyond the first petition was granted by the Supreme court w vain
bounds of decency, propriety and moral eng:
ity, and the prejudice to his liability, if any, for contempt for
lawyer does not criticize the personal
or official conduct in forum shopping.
of a judge in an insulting and intemper
ate language.
If it is a constructive criticism, the
purpose of which A. Is he guilty of forum shopping? Explain.
is to timely correct the mistake or error
of the judge in B. Give three (3) Instances of forum shopping. (2002
his decision, then such kind of criticism .
is healthy and Bar Question)
permissible. A lawyer is an officer of the
court and owes orum
the court candor, fairness and good SA: i i of forum shopping.
faith. (Canon 10,
Code of Professional Responsibility * Ae ing ae filing of multiple actions arising
[CPR]
However, if the public comment or criti from the same cause, is prohibited by the Code °
decision is made in an arrogant mann
cism of a Professional Responsibility (CPR), specifically Rule
er using abusive 12.02, Canon 12 thereof.
and/or offensive language with the inten
tion to ridicule,
‘degrade, mock or offend the sensibilit In the case at bar, RJ has a pen ding petition
ies of the sitting
judge or the court, then such kind of criti
cism is improper before the Supreme Court (SC) when he filed the
 66
ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
same second petition with the Regional Trial Court
(RTC). The second petition of RJ with the RTC is
forum shopping even if he filed a motion to withdraw
with the SC before filing his second petition. He
should have waited for the SC to resolve his motion
and not assume that it will be granted. “A lawyer
shall not file multiple actions arising from the same
cause.” (Rule 12.02, Canon 12, Cod : are absolutely privileged; and that proscription against
, Code of Professional
_ Responsibility)
SA: B. The following are instances of forum shopping:
(1) When a lawyer/party, because of an adverse
decision in one forum, files another case (other
than by appeal or certiorari) in another foru
hoping for a favorable decision;
(2) When a lawyer/party did not disclose the
- pendency of an appeal when a petition for
SCRA
certiorari
639),was filed (Collado ou. v. Ht Hernando, 161
(3) When a lawyer/party files two or more actions’
in different courts with the same cause of
action hoping that one: of the courts will
make a favorable decision (Benguet Electric
Cooperative, Inc. v. NEA, 193 SCRA 250),
(4) When a lawyer/party files another action in
a court without jurisdiction (New Pangasinan
Review, Inc. v. NLRC, 196 SCRA
55); and
(5) When a lawyer/party files another action in
court during the pendency of a case with the
same cause of action before a quasi-judicial
body in an administrative proceeding. (Earth
Minera
SCRA ls1) Exploration, . Ine . U. Me Macaraig, , 194
11. Atty. Y, in his Motion for Reconsideration of the Decision
rendered by the National Labor Relations Commission
(NLRC), alleged that there was connivance of the NLRC
Commissioners with Atty. X for monetary considerations
in arriving at the questioned Decision. He insulted the
Commissioners for their ineptness in appreciating the
facts as borne by the evidence presented. . attentive, and courteous to lawyers while lawyers, as
10-13) 67
LAWYER AND THE COURTS (CANONS
Atty. X files an administrative complaint against
Atty. Y for using abusive language.
Atty. Y posits that as lawyer for the down-trodden
laborers, he is entitled to express his righteous anger
against the Commissioners for having created them;
that his allegations in the Motion for Reconsideration
the use of abusive language does not cover pleadings
as it is not a court, nor are any of
filed with the NLRC,
its Commissioners, Justices or Judges.
Is Atty. Y administratively liable under the Code
of Professional Responsibility? Explain. (2010 Bar
Question)
SA: Yes, Atty. Y is administratively liable under the Code
of Professional Responsibility (CPR). He clearly violated
Canons 8 and 11 of the CPR. “A lawyer shall not in his
professional dealings, use language’ which is abusive,
offensive or otherwise improper” (Rule 8.01, Canon 8,
Code of Professional Responsibility) and “shall abstain
or
from scandalous, offensive or menacing language
behavior before the courts.” (Rule 11.08, Canon 11, Code
of Professional Responsibility)
The argument that the NLRC is not a court, is
without merit. Atty. Y is a member of the Bar, an officer
of the court and an “oath-bound servant of the law, whose
first duty is not to his client but to the administration
of justice and whose conduct ought to be and must be
scrupulously observant of law and ethics.” (Ng v. Alar,
507 SCRA 465)
12. The Code of Professional Responsibility is to lawyers, as
the Code of Judicial Conduct is to members of the bench.
How would you characterize the relationship
between the judge and a lawyer? Explain. (1996 Bar
Question)
SA: The relationship between a judge and a lawyer is a
professional one where they should treat each other with
mutual respect and courtesy as provided for by their
respective codes of conduct. Judges should be patient,
68 ETHICALLY YOURS 69
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER) LAWYER AND THE COURTS (CANONS 10-13)

officers of the courts to whom they owe candor, fairness contempt in facie, not indirect contempt, and he may
and good faith, are required to maintain and observ
e be punished summarily. There is no need for a formal
respect due to the courts and judicial officers.
charge.
“A judge should be patient, attentive and courteous
to lawyers, xxx.” (Rule 3.04, Code of Judicial 14. When Atty. Aldrin received a copy of the decision of the
Conduct)
On the other hand, a lawyer must “observe and Court of Appeals, he filed a motion for reconsideration
maintain
the respect due to the courts and to judicial officers using intemperate and disrespectful language wit ,
and a subtle threat that “knowingly rendering an ee
should insist on similar conduct by others.” (Canon
11,
Code of Professional Responsibility) judgment is punishable under the Revised Penal Code.

13. The Court of Appeals ordered him to explain why

Atty. Reyes, in his Memorandum filed with the Regional
he should not be cited in contempt of court. instead
Trial Court, used disrespectful and threatening langua
ge of complying, he submitted to the Court of Appea S
against the court for which he was summarily ordere of law whic
d his Petition to Retire from the practice
to pay P200.00 fine or, in case of default, to suffer
10 he immediately filed with the Supreme Court alter
days imprisonment. Atty. Reyes challenge[d] the Order
claiming that there was no formal charge against receiving the citation for contempt. May he be allowe
him
and, that if there was any contempt at all, it was only to retire from the practice of law? (1998 Bar Question)
indirect contempt, the act having been done away SA: No, he may not be allowed to retire from the practice o
from the Court and not near the Judge’s presence as
to law. If he will be allowed to retire, the authority of ¢. e
interfere in the proceedings before the Court. court to punish him will be negated. A practicing Jawyer
What
facing contempt proceedings, cannot just be allowe is
can you say about the lawyer’s arguments?
Explain. (1993 Bar Question) voluntarily retire from the practice of law as it wow.
negate the inherent power of the court to punish him for
SA: The arguments of Atty. Reyes are not tenable. contempt. (Montecillo v. Gica, 60 SCRA 234)
His
disrespectful and threatening language is contrary
to
the ethical norms of the legal profession and consti
tutes 15. Atty. Jarazo filed a civil suit for damages against ms
direct contempt. His language should be dignified
in a business associates. After due trial, Judge Deja 0
manner that maintains the dignity of the legal profession. rendered, judgment dismissing Atty. J arazo's complaint. |
(Surigao Mining Reservation Board v. Cloribel, 31 SCRA Atty. Jarazo did not appeal from the decision rendered
1) As an officer of the court, he owes the court candor
, by Judge Dejado, thereby rendering the indgmen
fairness and good faith. (Canon 1 0, Code of Professional final and executory. Thereafter, Atty. Jarazo lodged a
Responsibility [CPR]) He is required to observe
and criminal complaint accusing Judge Dejado of rendering
maintain the respect due to the courts and to judicia
l a manifestly. unjust judgment before the Office of the
officers (Canon 11, Code of Professional Responsibili
ty) Ombudsman. Will Atty. Jarazo’s complaint against
and abstain from scandalous, offensive or menac
ing Judge Dejado prosper? Why or why not? Reason. (2004
language or behavior before the courts. (Rule 11.08, Bar Question) oo
Canon 11, Code of Professional Responsibility)
SA: No, the complaint of Atty. J arazo will not prosper
In the case at bar, it was unethical and contrary because there is no decision declaring that the judgment
to the CPR for Atty. Reyes to use disres of Judge Dejado was unjust. Before a complaint against
pectful
and threatening language against the court a judge for knowingly rendering an unjust judgment, in
in his
memorandum. What he did was a direct violation of Article 204 of the Revised Penal Code, can
attack to
the court. He is therefore guilty of direct contempt be entertained, there must be a final and authoritative .
or
70 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
declaration that the said judgment is unjust.
v. Pelayo, 385 SCRA 281) Absent such final declaration
there is no unjust judgment, hence, the complaint will
not prosper.
16. Having lost on the Regional Trial Court and then in
the Court of Appeals, Atty. Mercado appealed to the
Supreme Court. In a minute resolution, the Supreme
Court denied his petition for review for lack of merit. He
filed a motion for reconsideration which was also denied.
After the judgment had become final and executory
Atty. Mercado publicly criticized the Supreme Court for
_ having rendered what he called an unjust judgment, even
as he ridiculed the members of the court by direct insults
and vituperative innuendoes. Asked to explain why he
should not be punished for his clearly contemptuous
statements, Atty. Mercado sets up the defense that his
statements were uttered after the litigation had
finally terminated and that he is entitled to criticize
judicial actuations.
Is Atty. Mercado’s contention tenable?
(1993 Bar Question)
SA: The contention of Atty. Mercado is not tenable. A lawyer
has a right to, and can, criticize decisions of the court
but it.is unethical for a lawyer to just declare a decision
or judgment, an unjust judgment and worse, ridicule the
members of the Supreme Court by direct insults. His
right to criticize is not without limitations.
Furthermore, Atty. Mercado is an officer of the
court so it does not matter
whether the litigation has
been formally terminated because he owes the court
candor, fairness, and good faith. (Canon 10, Code of
Professional Responsibility [CPR]) He is required to: a)
observe and maintain the respect due to the courts and
to its judicial officers (Canon 11, CPR); b) abstain from
scandalous, offensive or menacing language, or behavior
before the courts (Rule 11.03, Canon 11, CPR); and c) not
criticize the personal or official conduct of the members
of the court in an insulting language. (Rule 11.05, Canon
11, CPR) His clearly contemptuous statements tend
to embarrass or degrade the Supreme Court and its
LAWYER AND THE COURTS (CANONS 10-13) 7
(De Vera justices. His actions destroy the public confidence in our
judicial system which is a gross violation of his duty to
respect the courts. He should therefore be subjected to
disciplinary action.
17. Q: The Supreme Court issued a resolution in a case pending
before it, requiring the petitioner to file, within ten (10)
days from notice, a reply to the respondent’s comment.
Attorney A, representing the petitioner, failed to file the
reply despite the lapse of thirty (30) days from receipt
of the Court’s resolution. The Supreme Court dismissed
the petition for non-compliance with its resolution.
Attorney A timely moved for the reconsideration of the
dismissal of the petition, claiming that his secretary,
who was quite new in the office, failed to remind him
of the deadline within which to file a reply. Resolve
Attorney A’s motion. (2003 Bar Question)
been SA: The motion of Attorney A has no merit. He cannot use
the inefficiency of his secretary as an excuse for his
negligence because it is his responsibility, and not that
Explain. - of his secretary, to know the deadline of when to file
his pleadings. (Nidua v. Lazaro, 174 SCRA 581) The
failure to file the pleading because his secretary, who
was not able to remind him is not an
was quite new,
excusable negligence. A lawyer should file his pleadings
on time, especially if he filed an extension of time to file
the same. (Rule 12.08, Canon 12, Code of Professional
Responsibility) For his failure, he should suffer the
consequences.
18. Q: Why is a lawyer also an “officer of the court”? Explain.
(1996 Bar Question)
SA: A lawyer is also an “officer of the court” because it is his
duty “to exert every effort to assist in the speedy and
efficient administration of justice.” (Canon 12, Code of
Professional Responsibility [CPR]) In criminal cases,
lawyers may be called upon by the courts to be counsels
de oficio to represent indigents who cannot afford legal
representation, to see to it that due process is observed
and justice is done. In short, lawyers are part of the
judicial machinery for the administration of justice.
(Hilado v. David, 84 Phil. 569) “A lawyer shall not do
 2 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
any falsehood, nor consent to the doing of any in court;
nor shall he mislead or allow. the court to be misled by
any artifice.” (Rule 10.01, Canon 10, CPR)
shall not knowingly assist a witness to misrepresent
himself or to impersonate another.” (Rule 12.06, Canon
12, CPR)
19. Attorney M accepted a civil case for the recovery of title
and possession of land in behalf of N. Subsequently,
after the Regional Trial Court had issued a decision
adverse
to N, the latter filed an administrative
against Attorney M for disbarment. He alleged that
Attorney M caused the adverse ruling against him; that
Attorney M did not file an opposition to the Demurr
er
to Evidence filed in the case, neither did he appear at
the formal hearing on the demurrer, leading the trial
court to assume that plaintiff's counsel (Attorney
M)
appeared convinced of the validity of the demurr
er
filed; that Attorney M did not even file a motion
for
reconsideration, causing the order to become final
and
executory; and that even prior to the above elements and
in view of Attorney M’s apparent loss of interest in the
case, he verbally requested Attorney M to withdraw, but
Attorney M refused. Complainant N further alleged that
Attorney M abused his client’s trust and confidence and
violated his oath of office for failing to defend his client’s
cause to the very end.
Attorney M replied that N did not give him his full
cooperation; that the voluminous records turned over to
him were in disarray, and that when he appeared for N,
he had only half of the information and background of
the case; that he was assured by N’s friends that they
had approached the judge; that they requested him (M)
to prepare a motion for reconsideration which he did and
gave to them; however, these friends did not return
the
copy of the motion.
Will the administrative case prosper? Give reasons
for your answer. (2007 Bar Question)
SA: Yes, the administrative case against Attorney M will
prosper because he committed unethical acts in violati
on
of the Code of Professional Responsibility (CPR) and
the
Revised Rules of Court (RRC).
73
LAWYER AND THE COURTS (CANONS 10-13)
In the case at bar, Attorney M did not file an
opposition to the Demurrer to Evidence; he did not appear
“A lawyer at the formal hearing of the demurrer hence, it was
granted; and he did not file a motion for reconsideration
of the order granting the demurrer which then became
final and executory to the prejudice of his client. Clearly,
it can be seen that he did not provide competent and
diligent legal service to his client. He was negligent and
did not handle the legal matter entrusted to him with
adequate preparation. “A lawyer shall serve his client
case with competence and diligence” (Canon 18, CPR) and
“shall not neglect a legal matter entrusted to him and
his negligence in connection therewith shall make him
liable.” (Rule 18.03, Canon 18, CPR) —
The defense of Attorney M that the records turned
over to him were voluminous and in disarray and that he
did not have enough information and background of the
case is without merit and not even excusable. It is his
duty to handle legal matters with adequate preparation
(Rule 18.02, Canon 18, CPR) and to organize the records
given to him and go to trial adequately prepared. (Rule
12.01, Canon 12, CPR)
On the issue of the refusal of Attorney M to
withdraw from the case as requested by his client N, he
should have complied because “a client may at any time
dismiss his attorney or substitute another in his place,
xxx.” (Sec. 26, par. 2, RRC) Clearly, his client N has the
absolute right to terminate his legal services at any time
with or without cause.
Regarding his defense that he was assured by
friends of N that they had approached the judge, and
requested him to prepare a motion for reconsideration
which he said he did and gave the same to them, but they
did not return the copy of the motion, is unbelievable.
As a lawyer and officer of the court, he should know
better because said acts were unethical and contrary
to the norms of the legal profession. “A lawyer owes
candor, fairness and good faith to the court” (Canon 10,
CPR) and “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.” (Canon
 74 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
13, CPR) His allegation that he gave his motion for
reconsideration to the friends of N for filing is another
instance of his negligence and unethical act. If he
prepared the motion for reconsideration, he should file
it
himself. It is his duty to see to it that the said pleadin
g
is filed. (Francisco v. Portugal, 484 SCRA 5 7)
20.
Under the Code of Professional Responsibility, what
is the. principal obligation of a lawyer towards the
administration of justice? (2004 Bar Question)
SA: Under the
Code of Professional Responsibility,
the principal obligation of a lawyer towards the
administration of justice is “to exert every effort to assist
in the speedy and efficient administration of justice.”
(Canon 12, Code of Professional Responsibility [CPR])
In criminal cases, lawyers may be called upon by the
courts to be counsels de oficio to represent indigents who
cannot afford legal representation, to see to it that due
process is observed and justice is done. In short, lawyers
are part of the judicial machinery for the administration
of justice. (Hilado v. David, 84 Phil. 5 69) “A lawyer shall
not do any falsehood, nor consent to the doing of any in
court; nor shall he mislead or allow the court to be misled
by any artifice.” (Rule 10.01, Canon 10, CPR) “A lawyer
22.
shall not knowingly assist a witness to misrepresent
himself or to impersonate another.” (Rule 12.06, Canon
12, CPR)
21. On a Saturday, Atty. Paterno filed a petition for a writ
of amparo with the Court of Appeals (CA). Impelled by
the urgency for the issuance of the writ, Atty. Paterno
persuaded his friend, CA Justice Johnny de la Cruz,
to issue the writ of amparo and the notice of hearing
without the signature of the two other Justices member
s commentary on the case. Assume further after the
of the CA division. Are Atty. Paterno and Justice
de la
Cruz guilty of unethical conduct? Explain. (2009 Bar
Question)
SA: Yes, both Atty. Paterno and Justice de la Cruz are guilty
of unethical conduct.
Atty. Paterno by relying on his friendship
with
Justice de la Cruz, and not on the merits of his cause,
SA:
to obtain a writ of amparo committed impropriety and
LAWYER AND THE COURTS (CANONS 10-13) 75
violated the Code of Professional Responsibility (CPR).
“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.” (Canon
18, CPR) It is clear in the case at bar that he influenced
the court to get the writ. He persuaded his friend, J ustice
de la Cruz, to issue a writ and notice of hearing without
the concurrence of the other two justices of the Court of
Appeals division.
The issuance of the writ of amparo by Justice de la
Cruz because of the request of his friend, Atty. Paterno,
was improper, judicially unethical, and in violation of
the New Code of Judicial Conduct for the Philippine
Judiciary (NCJC). His issuance of the writ without the
signatures of his fellow justices in his division gives
rise to a suspicion that he is partial. “Judges shall, in
their personal relations with individual members of the
legal profession who practice regularly in their courts,
avoid situations which might reasonably give rise to the
suspicion or appearance of favoritism or partiality.” (6 See.
8, Canon 4, NCJC) A judge must not only be impartial
but must also appear to be impartial.
Dumbledore, a noted professor of commercial law, wrote
an article on the subject of letters of credit which was
published in the IBP Journal.
a) Assume he devoted a significant portion of the
article to a commentary on how the Supreme
Court should decide a pending case involving the
application of the law on letters of credit. May he
be sanctioned by the Supreme Court? Explain.
b) Assume Dumbledore did not include any
Supreme Court decision on the case had attained
finality, he wrote another JBP Journal article,
dissecting the decision and explaining why the
Supreme Court erred in all its conclusions. May
he be sanctioned by the Supreme Court? Explain.
(2008 Bar Question)
a) Yes, Dumbledore may be sanctioned by the
Supreme Court (SC) because he commented on a
 76 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER) LAWYER AND THE COURTS (CANONS 10-13) 77

case still pending before the SC. The case is sub

(Rule 13.02, Canon 13, CPR) Further, as an officer of
judice, hence, it was unethical, improper, and the court, I should “not criticize the personal or official
contrary to the Code of Professional Responsibility
conduct of a judge in an insulting and intemperate
(CPR) for him to comment on how the court should
language” (Rule 11.05, CPR) especially, if the case is
decide the case. “A lawyer shall not make public
statements in the media regarding a pending case still pending in court as in the case at bar.
tending to arouse public opinion for or against a
24. Q: Rico, an amiable, sociable lawyer, owns a share in Marina
party.” (Rule 13.02, Cannon 18, CPR) The court
Golf Club, easily one of the more posh golf courses. He
must be shielded from embarrassment or influence
relishes hosting parties for government officials and
in its duty to decide a pending case.
members of the bench.
b) No, Dumbledore may not be sanctioned by the One day, he had a chance meeting with a judge in
Supreme Court because the decision on the case the Intramuros golf course. The two readily got along
already attained finality and has become public well and had since been regularly playing golf together
property subject to public scrutiny. Public comment. at the Marina Golf Club. (2010 Bar Question)
and criticism of a court decision by a lawyer is
allowed as long as it does not go beyond the bounds If Atty. Rico does not discuss cases with members of
of decency, propriety and morality, and the lawyer the bench during parties and golf games, is he violating
does “not criticize the personal or official conduct the Code of Professional Responsibility? Explain.
of
a judge in an insulting and intemperate language.”
SA: Yes, Rico is still violating the Code of Professional
(Rule 11.05, Canon 11, CPR) If it is a constructive
Responsibility (CPR). The attention or hospitality he
criticism explaining why the court erred in all
its gives to the members of the bench is improper. It gives
conclusions, then such kind of criticism is healthy
the appearance that he is cultivating familiarity with
and permissible. A lawyer is an officer of the court
them and can influence them. “A lawyer shall not extend
and owes the court candor, fairness and good faith.
extraordinary attention or hospitality to, nor seek
(Canon 10, CPR) opportunity for, cultivating familiarity with judges.
23. As a defense counsel for the accused in a sensational (Rule 13.01, CPR) By regularly playing golf with the
case judge, in a posh golf course where he isa member, creates
for abduction which the media is covering, you are
fully a suspicion that he can influence the judge even though
convinced from the judge’s actuations that he is biased
against your client. You are asked by the reporters -he does not. He should “refrain from any impropriety
to which tends to influence, or gives the appearance of
comment on the proceedings and the judge[’s] conduc
t. influencing the court.” (Canon 13, CPR)
How should you react on the matter? (2003
Bar
Question)
25. Q: Atty. A is offered professional engagement to appear
SA: I will stay calm and decline to give any comment before Judge B who is A’s relative, compadre, and former
because
the case is still pending in court. The case is sub office colleague. Is A ethically compelled to refuse the
judice,
hence, it will be unethical and improper for me to give engagement? Why? (2001 Bar Question)
in
to the request of the reporters to comment. It is contra
ry SA: No, Atty. A is not ethically compelled to refuse the
to the Code of Professional Responsibility (CPR)
for engagement. A lawyer is not prohibited to appear before
me to comment on the actuations of the judge even
if I a judge who is a relative (Atty. A must not be a relative
am convinced that he is bias. “A lawyer shall not
make within the fourth civil degree), compadre or former office
public statements in the media regarding a pending N
case colleague. What is prohibited is for a lawyer to give the
tending to arouse public opinion for or agains
t a party.” impression that he can influence the judge. As long as he
78 ETHICALLY YOURS LAWYER AND THE CLIENT (CAN ONS 14-22 ) 719
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

does not give the impression that he can influence Judge D. LAWYER AND THE CLIENT (CANONS 14-22)
B, he can accept the professional engagement to appear
before the latter. “A lawyer shall rely upon the merits of a) CANON 14: Duty to give free legal assistance to the
his cause and refrain from any impropriety which tends needy.
to influence, or gives the appearance of influencing the
As such, a lawyer shall:
court.” (Canon 13, Code of Professional Responsibility)
26. 1) not discriminate or be prejudicial in accepting
Q: Atty. J requested Judge K to be a principal sponsor at clients;
the wedding of his son. Atty. J met Judge K a month
: . . ld e Oficio. or Amicus
.
before during the IBP-sponsored reception to welcome 2) mer appointment as Counse fi
Judge K into the community, and having learned that
uride,
Judge K takes his breakfast at a coffee shop near his 3) render free legal aid to indigents; and
(Judge K’s) boarding house, Atty. J made it a point to
. . n-paving, with the
be at the coffee shop at about the time that Judge K 4) treat al chents paying or non-paying,
takes his breakfast. Comment on Atty. J’s acts. Do they same standard.
violate the Code of Professional Responsibility? (2000 b) CANON 15: Duty to observe candor, fairness and loyalty
Bar Question)
to clients.
SA: Yes, the actions of Atty. J, giving extraordinary attention
As such, a lawyer shall:
to JudgeK, violate the Code of Professional Responsibility
° i . . . :
(CPR). The fact that he only knew Judge K for a month 1) ospective
determine conflict oe interests with ame.
and he already requested him to be the principal sponsor client, as soon as possible ,
of his son in the latter’s wedding and that he makes 2) be bound by privileged communication on matters
it-a point to go to the coffee shop at about the same
disclosed by a prospective client;
hme Judgtyekto takes
opportuni his familiarit
cultivate breakfasty with
ee actions Seeking 3) act as mediator, conciliator or arbitrator when given
Judge K which ’ t by all concerned:
is contrary to the ethical norms of the legal profession.
written consent by * oo
“A lawyer shall rely upon the merits of his cause and 4) give honest opinion when advising his client and
refrain from any impropriety which tends to influence,
comply with the rule of law;
or gives the appearance of influencing the court” (Canon
. ddling or imply that he
13, CPR) and “shall not extend extraordinary attention
5) not fuer. m infuence a public official: and
or hospitality to, nor seek opportunity for, cultivating
can Intluence a J , ; ;
familiarity with judges.” (Rule 18.01, Canon 1 3, CPR) 6) clarify, with his client, in what capacity he is acting
With respect to Judge K, he did not violate the Code i in another business or
when he is also engaged in a
of Professional Responsibility. The facts of the case are
protession. .
silent on whether Judge K accepted the request to be a c) CANON 16: Duty to hold in trust the money and properties
principal sponsor and on whether he talks or entertains
of clients.
Atty. J during breakfast. “Judges shall, in their personal
relations with individual members of the legal profession As such, a lawyer shall:
who practice regularly in their court, avoid situations
1) account assets of clients;
which might reasonably give rise to the suspicion or
appearance of favoritism or partiality.” (Sec. 3, Canon 4, 2) separate funds of clients from each other and from
New Code of Judicial Conduct) his own;
80 ETHICALLY YOURS LAWYER AND THE CLIENT (CANONS 14-22) 81
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

3) deliver his client’s assets upon demand subject to As such, a lawyer shall:
liens provided by the rules; and
1) not reveal secrets of his clients unless allowed by the
4) avoid debtor-creditor relationship with his client. rules;
d) CANON 17: Duty of fidelity to cause of client. 2). not, to the disadvantage of his client, use information
As such, a lawyer owes utmost fidelity and good faith acquired from his client unless allowed by him;
to the cause of his client but not at the expense of truth 8) not give any client’s information without his client’s
and the administration of justice. (People v. Remudo, 364 written consent;
SCRA 61)
4) not disclose client’s information to members of the
CANON 18: Duty to serve client competently and law firm when prohibited by his client;
diligently.
5) adopt measures to prevent leakages of client’s
As such, a lawyer shall: confidence and secrets;
. op .
1) be aware of his professional limitations; 6) avoid indiscreet conversations about client’s affairs;
2) be prepared for any legal matter; and

3) not neglect a legal matter entrusted to him; and 7) not reveal the fact of legal consultation unless
allowed. .
4) keep client informed.
i) CANON 22: Duty to resign as legal counsel when
CANON 19: Duty to represent his client with zeal within warranted and upon notice.
the bounds of law.
As such, a lawyer shall:
As such, a lawyer shall:
1) withdraw his legal services only when allowed by
1) employ only fair and honest means to attain the the rules; and
lawful objectives of his clients; and
2) properly turn-over to his client documents and
2) not condone client’s fraud and not let his client assets after his withdrawal/discharge.
dictate/lead the handling of the case.
g) CANON 20: Duty to charge fair and reasonable legal fees.
As such, a lawyer shall:
1) charge legal fees compliant with the CPR Guidelines;

2) divide fees proportionate to work done of another

lawyer;
3) not accept any compensation relative to a client’s
case other than the client; and
4) avoid controversies with his client over legal fees.
h) CANON 21: Duty to preserve confidence and secrets of his
client.
82 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
Atty. K entered his appearance as counsel for defendant
F in a case pending before the Regional Trial Court. F
later complained that he did not authorize Atty. E to
appear for him. F moved that the court suspend Atty.
E from the practice of law. May the judge grant the
motion? Explain. (2000 Bar Question)
SA: Yes, the judge may grant the motion. The appearance
of Atty. E as counsel for defendant F before the court,
without authority from F, was unethical and a ground
for disciplinary action. Atty. E has no right to appear in
court as counsel of F because the latter is not his client.
“A member of the bar may be removed or suspended xxx
for corruptly or wilfully appearing as an attorney for a
party to the case without authority to do so. xxx” (Sec..
27, Rule 138, Revised Rules of Court [RRC]) He may also
be punished for contempt. (Sec. 21, Rule 138, RRC)
Atty. DD’s services were engaged by Mr. BB as defense
counsel in a lawsuit. In the course of the proceedings,
Atty. DD discovered that Mr. BB was an agnostic and
a homosexual. By reason thereof, Atty. DD filed a
motion to withdraw as counsel without Mr. BB’s express
consent.
Is Atty. DD’s
motion legally tenable? Reason
briefly. (2004 Bar Question)
SA: No, the motion of Atty. DD is not legally tenable because
his ground of withdrawing his legal services is unethical
and contrary to the Code of Professional Responsibility
(CPR). Being an agnostic and homosexual are not valid
grounds for a lawyer to terminate his legal services and
deprive a person of legal representation. The giving of
legal services should not be discriminatory. “A lawyer
shall not decline to represent a person solely on account
of the latter’s race, sex, creed or status of life or because
of his own opinion regarding the guilt of said person.”
(Rule 14.01, Canon 14, CPR)
What is a lawyer’s duty if he finds that he cannot
honestly put up a valid or meritorious defense but
his client insists that he litigate? Explain. (2002 Bar
Question)
LAWYER AND THE CLIENT (CANONS 14-22) 83
SA: The duty of a lawyer if his client insists that he litigate
even if he cannot honestly put up a valid or meritorious
defense are as follows:
a) Inacriminal case, where his client is the accused, a
lawyer may not decline to give legal representation
even if he cannot put up a valid or meritorious
defense. It is the duty of a lawyer “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.” (Sec. 20 (i), Rule 138, Revised Rules
of Court) “A lawyer shall not decline to represent
a person solely on account of the latter’s race, sex,
creed or status of life or because of his own opinion
regarding the guilt of said person.” (Rule 14.01,
Canon 14, Code of Professional Responsibility) The
Supreme Court held that a counsel de oficio has the
duty to defend his client even if he perceives him
to be guilty (People v. Nadera, Jr., 324 SCRA 490);
and
b) Ina civil case, a lawyer should not litigate if he
cannot put up a valid or meritorious defense for his
client even if, after giving his honest and candid
opinion, the latter insists. It is his duty “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.” (Sec. 20 (c), Rule 138, Revised Rules of Court)
M was criminally charged with violation of a special
law. He tried to engage the services of Atty. N. Atty. N
believed, however, that M is guilty on account of which
he declined. Would it be ethical for Atty. N to decline?
Explain. (2000 Bar Question)
SA: No, it would not be ethical for Atty. N to decline because
in criminal cases, a lawyer may not decline legal
representation to a person even if he believes that the
person is guilty. An accused is presumed to be innocent
until proven guilty beyond reasonable doubt. He cannot
put himself in the position of the judge. The duty of Atty.
N, as a lawyer, is “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.” (Sec. 20 (i),
84 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
Rule 138, Revised Rules of Court) “A lawyer shall not
decline to represent a person solely on account of the
latter’s race, sex, creed or status of life or because of his
own opinion regarding the guilt of said person.” (Rule
14.01, Canon 14, Code of Professional Responsibility)
The Supreme Court held that a counsel de oficio has the
duty to defend his client even if he perceives him to be
guilty. (People v. Nadera, Jr., 324 SCRA 490)
Atty. x was de parte counsel for Y at the trial of a case
for estafa against Y in the Regional Trial Court, where,
after trial, he was found guilty and sentenced to suffer
the penalty that was imposed. The convicted accused
appealed to the Court of Appeals. The Clerk of the Court
of Appeals then sent notice to Atty. X that the record of
the case had already been forwarded to and received in
the appellate court for counsel to prepare and file the
brief for the accused, the latter’s appeal was dismissed.
Complaint for disbarment was filed by Y against Atty. X
for neglect of duty. Atty. X’s defense is that he ceased to
be counsel for Y after the adverse decision was rendered
by the trial court.
Is Atty. X’s contention tenable? (1999
Question)
SA: No, the contention of Atty. X is not tenable because he
did not file a formal petition to withdraw as counsel
in the appellate court. When a case is appealed, the
presumption is that the counsel in the lower court is the
counsel on appeal. “An attorney who appears de parte in
a case before a lower court shall be presumed to continue
representing his client on appeal, unless he files a formal
petition withdrawing his appearance in the appellate
court.” (Sec. 22, Rule 138, Rules of Court) In the case
at bar, Atty. X was negligent in his duty to protect the
interesoft his client.
Y hires the services of Atty. Z in a case where Y is
accused of rape. Atty. Z, however, firmly believes that Y
is guilty of the crime of rape.
If you were Atty. Z, would you still accept the case?
Explain. (1996 Bar Question)
LAWYER AND THE CLIENT (CANONS 14-22) 85
SA: Yes, I will still accept the case if I were Atty. Z. It would
be unethical for me not to accept the case, as it is my
duty to ensure that Y is accorded due process, that his
rights are. respected, and that only the appropriate
penalties are meted out to him if he is convicted even
if I firmly believe that he is guilty. “A lawyer shall not
decline to represent a person solely on account of the
latter’s race, sex, creed or status of life or because of his
own opinion regarding the guilt of said person.” (Rule
14.01, Canon 14, Code of Professional Responsibility) An
accused is presumed innocent until proven guilty beyond
reasonable doubt and if his guilt cannot be proven beyond
reasonable doubt, he is entitled to an acquittal. A lawyer
should not put himself in the position of the judge. My
duty, as a lawyer, is “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.” (Sec. 20 (i),
Rule 138, Revised Rules of Court) The Supreme Court
held that a counsel de oficio has the duty to defend his
client even if he perceives him to be guilty. (People v.
Nadera, Jr., 324 SCRA 490)
7. Q: May an attorney refuse to handle a losing case? Support
Bar your answer. (2001 Bar Question)
SA: An attorney, in civil cases, may refuse to handle a losing
case if it is a groundless, false or an unlawful suit. It is
in the lawyer’s oath, Code of Professional Responsibility
and the Revised Rules of Court that it is his duty not to
“wittingly or willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor consent to the
same.” This is also true in criminal cases where the
complaint-is groundless, false, or unlawful.
However, in criminal cases, a lawyer may not
refuse to defend the accused even if he thinks that the
accused is guilty. A lawyer should not put himself in the
position of the judge. It is the duty of a lawyer to ensure
that the accused is accorded due process, his rights are
respected, and only appropriate penalties are meted out
if he is convicted. “A lawyer shall not decline to represent
a person solely on account of the latter’s race, sex, creed
or status of life or because of his own opinion regarding
the guilt of said person.” (Rule 14.01, Canon 14, Code
86 ETHICALLY YOURS LAWYER AND THE CLIENT (CANONS 14-22) 87
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

of Professional Responsibility) An accused is presumed until proven guilty beyond reasonable doubt and if
innocent until proven guilty beyond reasonable doubt his guilt cannot be proven beyond reasonable doubt,
and if his guilt cannot be proven beyond reasonable he is entitled to an acquittal. A lawyer should not
doubt, he is entitled to an acquittal. It is the duty of a put himself in the position of the judge. My duty, as
lawyer “to present every defense that the law permits, a lawyer, is “to present every defense that the law
to the end that no person may be deprived of life or permits, to the end that no person may be deprived
liberty, but by due process of law.” (Sec. 20 (i), Rule 138, of life or liberty, but by due process of law.” (Sec. 20
Revised Rules of Court) The Supreme Court held that a (i), Rule 138, Revised Rules of Court) The Supreme
counsel de oficio has the duty to defend his client even if Court held that a counsel de oficio has the duty to
he perceives him to be guilty. (People v. Nadera, Jr., 324 defend his client no matter how guilty he perceives
SCRA 490) him to be. (People v. Nadera, Jr., 324 SCRA 490)
On the day of his arraignment, your client confided in Your services as a lawyer were engaged by Manuel
you that he in fact killed the victim for which he was Jalandoni to defend him from the charge of malversation
being charged with murder. You had been led to believe of public funds before the Sandiganbayan. Manuel
initially that he was being framed and that another confessed to you that he actually misappropriated the
person had committed the crime. amount because of extreme necessity to pay for the
1) How would you advise your client to plead? emergency operation of his wife.

2) Ifhe should refuse to heed your advice, what course Will you agree to defend him? State your reasons.
of action would you pursue? (1994 Bar Question) (1993 Bar Question)

SA: 1) Before I can give an intelligent legal advice to my
client, I have to ask him first to narrate to me what
really transpired and emphasize on him that he
has to tell me the whole truth and not withhold any
information from me on why he killed the victim.
If after evaluating fully the circumstances on why
he committed the crime and find him to be guilty
as charged, I will explain to him his constitutional
rights and the pros and cons when he pleads guilty.
Then, I can advise him to plead guilty.
2) If my client refuses to heed my advice, I will still
defend him. As his lawyer, it is my duty to ensure
that he is accorded due process, that his rights are
respected, and that only the appropriate penalties
are meted out to him if he is convicted even if I
believe that he is guilty. “A lawyer shall not decline
to represent a person solely on account of the
latter’s race, sex, creed or status of life or because of
his own opinion regarding the guilt of said person.”
(Rule 14.01, Canon 14, Code of
Professional
Responsibility) My client is presumed innocent
SA: Yes, I will agree to defend Manuel Jalandoni even if he
confessed to me that he committed the offense. It would
be unethical for me not to defend him, as it is my duty
to ensure that he is accorded due process, that his rights
are respected, and that only the appropriate penalties
are meted out to him if he is convicted even if he already
confessed to me that he is guilty. “A lawyer shall not
decline to represent a person solely on account of the
latter’s race, sex, creed or status of life or because of his
own opinion regarding the guilt of said person.” (Rule
14.01, Canon 14, Code of Professional Responsibility) An
accused is presumed innocent until proven guilty beyond
reasonable doubt and if his guilt cannot be proven beyond
reasonable doubt, he is entitled to an acquittal. A lawyer
should not put himself in the position of the judge. My
duty, as a lawyer, is “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.” (Sec. 20 (i),
Rule 138, Revised Rules of Court) The Supreme Court
held that a counsel de oficio has the duty to defend his
client even if he perceives him to be guilty. (People v.
Nadera, Jr., 324 SCRA 490)
 88 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
10. Darius is charged with the crime of murder. He sought
Atty. Francia’s help and assured the latter that he did
not commit the crime. Atty. Francia agreed to represent
him in court. During the trial, the prosecution presented
several witnesses whose testimonies convinced Atty.
Francia that her client is guilty. She confronted his client
SA:
who eventually admitted that he indeed committed the
crime. In view of his admission, Atty. Francia decided to
withdraw from the case.
_
Should Atty. Francia be allowed to do so? Explain.
(2005 Bar Question)
SA: No, Atty. Francia should not be allowed to withdraw
from the case. It is a betrayal of her duty as a lawyer and
unethical for her to withdraw as counsel. As a lawyer, it
is her duty to ensure that Darius, her client, is accorded.
due process, that his rights are respected, and that only
the appropriate penalties are meted out to him if he is
convicted. This is true even if Darius admitted to her
that he is guilty. “A lawyer shall not decline to represent
a person solely on account of the latter’s race, sex, creed
or status of life or because of his own opinion regarding |
the guilt of said person.” (Rule 14.01, Canon 1 4, Code
of Professional Responsibility) An accused is presumed
innocent until proven guilty beyond reasonable doubt
and if his guilt cannot be proven beyond reasonable
doubt, he is entitled to an acquittal. She should not put
herself in the position of the judge. Her duty, as a lawyer,
is “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.” (Sec. 20 (i), Rule 138, Revised
Rules of Court) A counsel de oficio has the duty to defend
his client even if he perceives him to be guilty. (People
v. Nadera, Jr., 324 SCRA 490; People v. Sta. Teresa, 354
SCRA 697)
11. Christine was appointed counsel de oficio for Zuma, who
was accused of raping his own daughter. Zuma pleaded
not guilty but thereafter privately admitted to Christine
that he did commit the crime charged.
a) Inlight of Zuma’s admission, what should Christine
do? Explain.
LAWYER AND THE CLIENT (CANONS 14-22) 89
b) XxX
c) Can Christine withdraw as counsel of Zuma should
he insist in going to trial? Explain. (2008 Bar
Question)
a) Christine should continue to represent Zuma as
counsel de oficio as it is her duty to do so. She was
appointed counsel de oficio and it would be unethical
for her not to continue to represent Zuma even if
Zuma privately admitted to her that he is guilty. It
is her duty to ensure that her client is accorded due
process, that his rights are respected, and that only
the appropriate penalties are meted out to him if he
is convicted. “A lawyer shall not decline to represent
a person solely on account of the latter’s race, sex,
creed or status of life or because of his own opinion
regarding the guilt of said person.” (Rule 14.01,
Canon 14, Code of Professional Responsibility)
b) XXX
No, Christine cannot withdraw as counsel of
Zuma even if the latter insists in going to trial. It
would be unethical for her to withdraw as counsel
even after the admission of Zuma. It is her duty
to ensure that her client is accorded due process,
that his rights are respected, and that only the
appropriate penalties are meted out to him if he is
convicted. “A lawyer shall not decline to represent
a person solely on account of the latter's race, Sex,
creed or status of life or because of his own opinion
regarding the guilt of said person.” (Rule I 4.01,
Canon 14, Code of Professional Responsibility)
Also, Zuma ‘is presumed innocent until proven
guilty beyond reasonable doubt and if his guilt
cannot be proven beyond reasonable doubt, he is
entitled to an acquittal. She should not put herself
in the position of the judge. Her duty, as a lawyer,
is “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.” (Sec. 20 (i), Rule
138, Revised Rules of Court) The Supreme Court
held that a counsel de oficio has the duty to defend
 90 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
his client even if he perceives him to b e guilty.
i and heard through counsel even if he cannot afford
(People v. Nadera, Jr., 324 SCRA 490; People D
Sia. Teresa, 354 SCRA 697)
12. When may refusal of a counsel to act as counsel de oficio
be justified on grounds aside from reasons of health
extensive travel abroad, or similar reasons of urgency?
Support your answer. (2001 Bar Question)
SA: The following are other justifiable grounds for a counsel
to refuse to act as counsel de oficio:
(a) He is prohibited to practice law by reason of his
public office which prohibits appearances in court
(1987 Constitution);
(b) There is conflict of interest (Rule 14.08, Canon
14, Code of Professional Responsibility; Canon 6.
Canon of Professional Ethics):
”
(c) He is not in a position to carry out the work
effectively or competently (People D
SCRA 223): People. Daeng, 49
(d) There are too many de oficio cases already assigned
to him (People v. Daeng, 49 SCRA 222); and
e) He is preoccupied with too many cases which will
prejudice his new client. . consideration involved, if any, in the above case. (1994
13. In a homicide case, Atty. M was appointed by the Court
as counsel de oficio for F, the accused. After trial, F was
acquitted. Atty. M sent F a bill for attorney’s fees.
a) Can F be compelled to pay? Explain.
b) CanF employ a counsel de parte to collaborate with
_ Atty. M, his counsel de oficio? Explain. (1996 Bar
Question)
SA: a) No, F cannot be compelled to pay Atty. M because a
counsel de oficio is a lawyer appointed by the court to
render pro bono legal service for an indigent client
Providing free legal service to financially destitute
litigants is one of the many obligations of a lawyer
in the Revised Rules of Court (RRC), the Code of
Professional Responsibility and the lawyer’s oath.
This ensures that an accused will be represented
14-22) 91
LAWYER AND THE CLIENT (CANONS
the services of a private lawyer. A lawyer may be
given a token compensation for acting as counsel
de oficio as provided for by the RRC. (Sec. 32, Rule
138)
b) Yes, F may employ a counsel de parte if he can
afford one. There is no prohibition for him to do
so. As a matter of fact, it is within his right to be
represented by a counsel of his choice if he can afford
one. However, if he can afford one, it means that he
is not an indigent thus, Atty. M can withdraw as
his counsel if Atty. M so chooses.
14. @Q: Atty. Aguirre, as counsel de oficio for Boy Batongbakal,
was able to win an acquittal for Boy who was charged
with robbery in band. A year later, Atty. Aguirre
discovered that Boy in fact had a lot of money which
he had been bragging was part of the loot in the crime
for which he was acquitted. Knowing that Boy could no
longer be prosecuted on the ground of double jeopardy,
Atty. Aguirre sent him a bill for his services as his
counsel de oficio.
Please give your reasoned comments on the ethical
Bar Question)
Atty. Aguirre was appointed by the court as counsel de
oficio of Boy Batongbakal to render pro bono legal service
for the latter, who the court believed was an indigent
accused. He cannot charge an indigent litigant for his
legal services. Providing free legal service to financially
destitute litigants is one of the many obligations of a
lawyer in the Revised Rules of Court (RRC), the Code
of Professional Responsibility (CPR) and the lawyer's
oath. This ensures that an accused will be heard
through counsel even if he cannot afford the services
of a private lawyer. A counsel de oficio receives a token
compensation for rendering such service as provided for
by the RRC. (Sec. 32, Rule 138) Thus, it is contrary to
the norms of the legal profession for a lawyer to bill his
indigent client, when he rendered his legal service as
counsel de oficio. This is true even if he later discovers
 92 ETHICALLY YOURS 14-22) 93
LAWYER AND THE CLIENT (CANONS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

that his client is not an indigent because i e did not have a counsel de parte, his right to
they did not
have any legal contract, express or implied, Seceel therefore, provided for by the Constitution was
there is
therefore no obligation to compensate him. satisfied when the court designated a counsel de one .
“A lawyer
shall avoid controversies with clients conce of the bar. (U.S. v. Laranja, 21 nil.
rning his who is.a member
compensation and shall resort to judicial the
action only 500) The constitutional guarantee does not give him
to prevent imposition, injustice or fraud.”
(Rule 20.04, right to select his own lawyer he cannot afford.
Canon 20, CPR)
However, in a case where the accused insists that
15. When Dennis was arraigned in a case for Homic
ide, he he gets a counsel de parte but the court still appointe
was asked by the Judge if he had a lawyer a counsel de oficio, the Supreme Court set aside e
to which he
answered in the negative. The Court then judgment of conviction because his right to counsel was
appointed
Atty. Go as his counsel de oficio despite
his insistence denied. (People v. Malunsing, 63 SCRA 798)
on the appointment of Atty. Salvador Laure
l, the former
Vice President, as his counsel. 17. What is the rule on the appointment of counsel de oficio
for an accused who was convicted by the Regional wor
After conviction, he appealed claiming that Court and its desirous of appealing from the judgment o
he was
denied his constitutional right to counsel. conviction? (1993 Bar Question)
Is Dennis
correct? (1998 Bar Question)
SA: The rule on appointment of counsel de oficio for an
SA: No, Dennis is not correct. His constitutional right to accused convicted by the trial court and wants to appes
counsel was not denied to him. He is entit decision is provided for in Section 13, Rule 122,
led to a counsel the
of his choice, a counsel de parte, if he can affor Revised Rules of Court, to wit:
d one. If
he cannot, a counsel de oficio will be appoi
nted for him.
Since he did not have a counsel de parte, “It shall be the duty of the clerk of court of the
his right to
counsel therefore, provided for by the trial court upon the presentation of a notice of appeal
Constitution was <
satisfied by the designation of a counsel in a criminal case, to ascertain from appellant, 1
de oficio by the the Court o
court who is a member of the bar. (U.S. be confined in prison, whether he desires
v. Laranja, 21
Phil. 500) The constitutional guarantee
Appeals or the Supreme Court to appoint an attorney
does not give
him the right to select his own lawyer he to defend him de oficio and to transmit with the recor
cannot afford.
upon a form to be prepared by the clerk of the ape! ate
16. JG, a known vagrant, was court, a certificate of compliance with this duty an e
defended by Atty. Go in
his trial for robbery with homicide. After response of the appellant to his inquiry.
he had been
convicted, he appealed to reverse Court may
the decision of the The Court of Appeals or the Supreme
court claiming that he was denied his constitutional appoint a counsel de oficio if the clerk of court of the
right to counsel when the court appoi
nted Atty. Go as regional trial court, where the accused was convicted,
counsel de oficio in spite of the requests
to the court that certifies that defendant:
he preferred Atty. Concepcion whom he knew
to be an (a) is confined in prison;
excellent criminal lawyer.

Is JG correct? (1994 Bar Question) (b) has no means or cannot file a bail bond;

SA: No, JG is not correct. His constitutional (c) has no means to employ a counsel de parte;
right to counsel
was not denied to him. He is entitled and
to a counsel of
his choice, a counsel de parte, if he desires to be represented by a counsel de
can afford one. If (d).
he cannot, a counsel de oficio will be oficio.
appointed for him.
94 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER) LAWYER AND THE CLIENT (CANONS 14-22) 95

The defendant is not entitled to a couns

el de oficio stays in the province to rest as he is a semi-retired
unless he makes a request within 10 days
from receiving private practitioner, as a lawyer he is duty bound
the notice to file his appellant’s brief and
his right to a by his oath, the Code of Professional Responsibility
counsel de oficio is established by an affidavit
of poverty.
(CPR) and the Revised Rules of Court (RRC) to
18. Atty. Vidal, a semi-retiree Metro Manila law
practitioner, assist in the speedy and efficient administration
has a cattle ranch in the remote municipali
ty of of justice. “A lawyer shall not decline, except for
Carranglan, Nueva Ecija. He attends to
his law office serious and sufficient cause, an appointment Bs
in Manila on Mondays, Tuesdays and Wednesdays and counsel de oficio or xxx.” (Rule 14.02, Canon i ,
spends the rest of the week in his cattle
ranch riding CPR) His reasons, ride horses and castrate ru ‘
horses and castrating bulls. are obviously not serious and sufficient grounds an
In a criminal case pending before the Muni should not be paramount than his duty to provide
cipal legal service to the needy. The legal profession is
Trial Court of Carranglan, the only
other licensed
member of the Bar is representing a noble profession. “A lawyer shall not refuse hi
the private
complainant. The accused is a detention priso services to the needy.” (Canon 14, CPR)
ner. The
Judge wants to expedite proceedings.
19. X was indicted for murder. As he had no counsel on
1) xxx arraignment, the trial court appointed ay. As
2) If Atty. Vidal is appointed to act as his counsel de oficio. When Atty. A asked X w a was
counsel de Oficio his stand, X said he was guilty. X thereupe plea ied
for the accused, could he refuse by saying that .
guilty. Trial was thereafter conducted. on
in the province, he does not want to do anything turn of the defense to present evidence came, * vi
except ride horses and castrate bulls? Explain. manifested that he was not presenting any an : a x
(1993 Bar Question)
was submitting the case for Tee ene jetance
SA: 1) The judge can appoint Atty. Vidal as couns sidered mitigating. Di y. is
el de
oficio not only to expedite the proceeding
s but more eee act approximate the competence and diligence
importantly to secure the ends of Justic which the Code of Professional Responsibility expec
e and to
protect the rights of the accused. In the case of him? Explain. (2000 Bar Question)
at bar,
the accused, a detention prisoner, is presumed
be a destitute litigant and cannot retain
to
SA: No, the assistance of Atty. A fen short o we conduct
a counsel . \
de parte. “A court may assign an attorney to rai d of him to protect the rights
render When X informe d him that he & was end
professional aid free of charge to any party negligent.
in a
case, if upon investigation it appears that Atty. A should have asked him to narrate to j m at v.
the party 6 fo
is destitute and unable to employ A) what really transpired and emphasize tha . e
an attorney, withho ld any in oma non
and that the services of counsel are tell the whole truth and should
necessary to ed the crime. atte
secure the ends of justice and protect the from Atty. A on why he committ
rights
of the party. It shall be the duty of the fully evaluating the circumstances on why he comm rer
attorney
so assigned to render the required servic
e, unless the crime and Atty. A finds him to be guilty as a alBee
he is excused therefrom by the court for
sufficient Atty. A should explain to him his constitutiona ne fs
cause shown.” (Sec. 31, Rule 1 38, Revis
ed Rules of and advise him of the pros and cons when he p eads
Court) guilty. It is his duty, as defense counsel, to fully acaat i
2) Atty. Vidal cannot and X of his constitutional rights and the full import af B
should not refuse the
appointment as counsel plea of guilty. He must see to it that proper proce we
de oficio. Although he
are observed and evidences are presented, including
 96 ETHICALLY YOURS 97
LAWYER AND THE CLIENT (CANONS 14-22)
(YOUR LEGAL AND JUDICIAL ETHICS
REVIEWER)

possible mitigating circumstances, so that the precise of the IBP. It is contrary to the Code of Professional
culpability and the penalty imposed Responsibility (CPR) for a lawyer to decline s on
are correct. It is
the duty of Atty. A to ensure that
there was no mistake request. “A lawyer shall not decline, _excep ot
or misunderstanding as to the nature serious and sufficient cause, an appointmen 3s
of the charge to
which X has pleaded guilty. “A lawyer counsel de officio or as amicus curiae or a neque s
who accepts the
cause of a person unable to pay
his professional fees from the Integrated Bar of the Philippines ale
shall observe the same standard of of its chapter for rendition of free legal ai . Rule
conduct governing
his relations with paying clients.” 14.02, Canon 14, CPR) However, if there is seri 8
(Rule 1 4.04, Code of
Professional Responsibility) and sufficient cause,” like conflict of interest,
lawyer can decline such request.
20. State the rationale for the mandated
establishment
and operation of legal aid offices in all SA: B. Yes, my answer will be different if it is a civil case.
chapters of the
Integrated Bar of the Philippines. (200 If it is a civil case, I have to determine whether °r
3 Bar Question)
not there is a cause of action or if the de ense i
SA: The rationale for the mandated
establishment and meritorious. It is the duty of a lawyer to coun er
operation of legal aid offices in all
chapters of the or maintain such actions or proceedings only ;
Integrated Bar of the Philippines (IBP)
is that it is the appear to him to be just, and such defenses only
social and public responsibility of
lawyers to provide as he believes to be honestly debatable un er ‘
free legal service to indigent or desti
tute litigants who law.” (Sec. 20 (c), Rule 138, Revised Rules of ou }
cannot engage the services of private
lawyers for their Hence, if the suit is groundless, false or unlawful,
legal concern. The practice of law is am oath bound to decline.
a profession not a
trade. The legal profession is a noble prof
ession burdened
with many public responsibilities beca 22. Q: Under the Code of Professional Responsibility, whats
use a lawyer is
an officer of the court and has the
duty to assist in the the principal obligation of a lawyer towards his client?
speedy and efficient administration of justi
ce. The principal obligation of a lawyer to his client, under
Free legal aid is not a matter of charity the Code of Professional Responsibly crn is pat
but a matter ms
of public responsibility. It is a mean
s to correct the social he must “ “observe candor, i
fairness a nd loyalty
:
imbalance that may, and often, j
dealing s and transac i
tions wi th his client.” (Canon A15,
lead to injustice, for
which reason, it isa public responsibili R) “He owes i
fidelity to the cause of his client an
ty of the Bar. The
giving of free legal aid is a public
service given by the vet be mindful of the trust and confidence reposed in
IBP legal aid offices. (Art. 1, Sec. 1, Guid
elines Governing him.” (Canon 17, CPR)
the Establishment of an Operation of
Legal Aid Offices in i of “Conflict
“Con ofof Interest”
IBP Chapters) 23. in your understanding
Othe Code of Professional Responsibility. (1997
21. A. May a lawyer decline a request for Bar Question)
free legal aid
to an indigent accused made by a
chapter of the SA: “Conflict of Interest” is a prohibition to a rawyer ‘°
Integrated Bar of the Philippines
(IBP)? Explain. resent two or more clien ients whose interes
B. Will your answer be different if the subject matter are diametrically opposed. whe ayer
legal aid is re iter
requested in a civil case? (2002 Bar isi prohibi ibi ted from represe nting two or more
Question) owes ms
parties i withi conflicicting interests because
SA: A. No, a lawyer, in the absence of a “serious and i
clients undivid ivi ed loyalty. It would be impossi le for a
sufficient cause,” may not decline a i his1 full allegiance to two clients who hav
request for free wyer to give
legal aid to an indigent accused made
by a chapter cntlcting interests. “A lawyer shall observe candor,
 98 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL LAWYER AND THE CLIENT (CANONS 14-22) 99
ETHICS REVIEWER)

fairness and loyalt y in all his

dealings and tran sactions
i to give his undivided fidelity and loyalty or such
with his client.” (Canon
15, Code of Professional acceptance will invite suspicion of unfaithfulness
Responsibility) There is conflict
of interests when: a) on or double-dealing in the performance of his duty
behalf or one client, the lawyer
oppose: oc ty
must
end for that cont (Northwestern University v. Arquillo, 415 SCRA
duty to another client requires 17, ); and
> Or D) In accepting a new clien him to 518; Santos v. Beltran, 418 SCRA
t, » hi his relat i
another cent ma prevent him
from his duty to vive hig (3) When in accepting a new retainer, the lawyer will
und ivide fic elity and loyalt Y or such
accepta be required to do an act which may adversely affect
i
invite suspicion of unfaithfulne
ss or double-dealing wal his existing or former client or when because of the
wuiled eve new client, he will have to use, against his existing
in one case, the Supreme
at
Court (SC) or former client, information he acquired through
1t was
improper for a lawyer to appe
counsel for one part Y against ar as their attorney-client relationship.
i hisi fi i i
the case is not related, to wit:
briner eltent even if 25. In 1998, Acaramba, a telecommunications company,
“The Court reiterates that signed a retainer agreement with Bianca & Sophia
owes loyalty to his client not
Law Office (B&S) for the latter’s legal services for
only in the
case in which he has represented a fee of P2,000 a month. From 1998 to 2001, the only
him but
nso alter the relation of atto
rney and client service actually performed by B&S for Acaramba was
erminated as it is not the review of a lease agreement and representation of
i
permit him afterwards to ‘eto Acaramba as a complainant in a bouncing checks case.
in anothe,
case other person against his
former Acaramba stopped paying retainer fees in 2002 and
client
under the pretext that the case is distinct terminated its retainer agreement with B&S in 2005. In
from, and independent of the other 2007, Temavous, another telecommunications company,
case
It behooves respondent not only to
requested B&S to act as its counsel in the following
keep
inviolate the client’s confidence but transactions: (a) the acquisition of Acaramba; and (b)
also
‘0 avoid the appearance of treachery
and the acquisition of Super-6, a company engaged in the
ouble-dealing for only then power business.
can litigants b
encouraged to entrust their secr
ets to their In which transactions, if any, can Bianca & Sophia
attorneys which is paramount
importance Law Office represent Temavous? Explain fully. (2008
in the administration of justice.
” (Rosaci , Bar Question)
Bulalacao, 248 SCRA 665)
wae
24. What SA: The transaction that Bianca & Sophia Law Office (B&S)
are the three (3) tests to dete
interest
rmine conflict of can represent Temavous is in the acquisition of Super-6,
for practicin g law ? : .
Explain each briefly. a company engaged in the power business, because said
(2009 Bar Question) vers? connection with Acaramba, their
transaction has no
SA: The nnn
folla three (3) tests to det. ermin e
conflict
j of inte
i rest are as
former client. There is therefore no conflict of interest
with a former client.
(1) When on behalf of one client,
a lawyer must _ _B&S cannot represent Temavous in its acquisition
contend
.
for: that client whichwhi hisi duty to another of Acaramba because of conflict of interest. Acaramba
client requires him to oppose; is a former retainer of the said firm and is also engaged
9
(2) When in . .
accepting a new client, in the same line of business as Temavous. It would be:
another client will prevent
his relation to unethical for B&S to represent Temavous in the acqui-
him from his duty
sition of Acaramba even though the legal services ren-
 100 ETHICALLY YOURS 101
LAWYER AND THE CLIENT (CANONS 14-22)
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

ccred by the said firm for Acaramba were only

to review SA: Yes, there is conflict of interest even if Atty. Japzon
rene agreement and a complaint for bouncing
checks did not handle a case of Kapamilya Corp. when she
e tests to determine conflict of interest are: a)
wh th- was with XXX law firm. This is true because she was
° not the interests of the new client would
e . rmation sent
require a former partner of the said firm which has Kapamilya
a former client, confidential Corporation as its client, so to handle a case against the
r presumed to: i said corporation will be unethical for her as it will involve
through their attorney-client velationshign et) s
Whether conflict of interest. The employment ofa law firm include
in accepting the new client, the lawyer
would invit
Picion of unfaithfulness or double dealing
°. employing that of its members. Thus, it is immaterial if
rule
in the erfor she never handled a case for the corporation. The
mance of his duty of undivided fidelity or loyalt inform ation
" ; he on conflict of interests does not only include
client. (Quiambao v. Bamba, 468 SCRA 1)
rani we given in confidence, but also include those not given in
26, Atty. Marie consulted Atty. Hernandez confidence or even information which will not be used
whether she ec
successfully prosecute her case for declaratio but was relayed by the client to counsel because of their
n of nullity attorney-client relationship.
of marriage she intends to file against
her husband.
Atty. Hernandez advised her in writing that
the c There is conflict of interest if a lawyer will be
will not prosper for the reasons stated there
in Atty, required by his relation with the new client to do acts
Marie, however, decided to file the case and enga
red the which will adversely affect his former client or where
services of another lawyer, Atty. Pe. Her husba
nd N L he will be required to use against his former client any
having learned about the opinion of Atty.
He a 2 information or knowledge he acquired through their
hired him as his lawyer.
nen professional relationship. (Santos v. Beltran, 418 SCRA
17)
Is Atty.. Hernandez’s acquiei scen Noel’s
’
counsel ethical? (2006 Bar Question) ce to be
28. Primo, Segundo and Tercero are co-accused in an
SA: No, the acquiescence of Atty. Hernandez to be th Information charging them with the crime of homicide.
counsel of Noel is not ethical. It const
itutes conflict f They are respectively represented by Attys. Juan Uno,
interests which runs counter to the Code
of Profes 7 al Jose Dos and Pablo Tres. During the pre-trial conference,
Responsibility. When Atty. Marie consulted "tty Attys. Uno and Dos manifested to the court that their
Hernandez, and he advised her that the
declaratio of clients are invoking alibi as their defense. Atty. Tres
nullity of her marriage with Noel she
intend to file will made it known that accused Tercero denies involvement
pot prosper, an attorney-client relationship
was created and would testify that Primo and Segundo actually
etween the two of them. This is true even
if the advice perpetrated the commission of the offense charged in the
was unfavorable and he did " Information.
v. David, 84 Phil. 569) ho °a8*: Hilado
In one hearing during the presentation of the
27, Atty. Japzon, a former partner of XXX prosecution’s evidence in chief, Atty. Uno failed to appear
law firm is is
Kecronting Kapuso Corporation in a civil in court. When queried by the Judge if accused Primo
‘ Pam! ya Corporation whose legal counsel
case against ‘willing to proceed with the hearing despite his counsel’s
is XXX law and
rm. Atty. Japzon claims that she never handled absence, Primo gave his consent provided Attys. Dos
th ated as his joint counse l de oficio for
case of Kapamilya Corporation when she was Tres would be design
still ith g. Thereu pon, the court directe d
XXX law firm. (2005 Bar Question) that particular hearin
m of accused.
Attys. Dos and Tres to act as counsel de oficio
g.
Is there a conflict of interest? Explain. Primo only for the purpose of the scheduled hearin
 102 ETHICALLY YOURS
LAWYER AND THE CLIENT (CANONS 14-22) 103
(YOUR LEGAL AND JUDICIAL ETHIC
S REVIEWER)

Atty. Dos accepted his designation,

but Atty. Tres seeks to reduce the value of the estate. The interests .
refused.
the estate, my client, and that of her client are no on y
A. Is there any impediment to Atty. Dos
acting as different but are averse to each other. Because & .
counsel de oficio for accused Primo? Reas
on. my wife, I can be suspected of representing con icting
B. interests if she handles the claim of her client against
May Atty. Tres legally refuse his desi
gnation as the estate I am represen The Cee dealing
counsel de oficio for accused Primo? Reas -
on. (2004 invi uspicion of unfaithfulness
Bar Question)
in the performance of my duty. (Nakpil v. Valdez, 288
SA: A. , No, there is no impediment for Atty. SCRA 75)
Dos to act as
counsel de oficio for accused Primo. Cons
idering
that both Primo and Segundo invoked alibi 30. Six months ago, Atty. Z was consulted by Aabout a four.
as their pareris.
defense, Atty. Dos can represent door apartment in Manila left by her deceare
both of them. C, w llectine
There is no conflict of interest beca
use both clients A complained that her two siblings, B and
have the same defense. occupying two units of the apartment, were C0 ectine
SA: B. the rentals from the other two units and tefusing fo ee
Yes, Atty. Tres may legally refuse his we
designation her any part thereof. Atty. Z advise
as counsel de oficio for accused Prim
o because his i ntion of her relatives and told her that, i
client Tercero has a defense different from to oo
of Primo
that. failed. he would take legal action as ‘A asked hm
who according to his client ‘ on nm
those who actually perpetrated the comm
was one of Today, September 22, 2002, B asks Atty. Z to
ission of in a suit brought by A against him (B) and roug.
the offense for which they are charged.
They have another counsel.
different defenses which are diametricall
y opposed.
“A lawyer represents conflicting inter A. Should Atty. Z accept the case? Why?
est when, in
behalf of one client, it is his duty to cont
end for that L
which duty to another client requires him . Should Atty. Z tell B that A consu lted him earlier
to oppose.” the same case? Why? (2002 Bar Question)
(Canon 6, Canon of Professional ° about
Ethics) Clearly,
there is a conflict of interest between
Tercero and SA: A. No, Atty. Z should not accept the case because
Primo, hence, Atty. Tres cannot about her complaint
represent Primo when A consulted him
because doing so would be a violation
of the Code of against her siblings, B and C, an attorney ¢ ren
Professional Responsibility.
relationship was created between the two of t om
29, even if A did not engage his legal services. It wou ;
You are the counsel for the estate
of a deceased person.
Your wife is a practicing Certified be unethical for him to later represent B against
Public Accountant. A on a matter where he was consulted by .:
She was asked by her client to prep
are and submit an
itemized claim against the estate will constitute conflict of interests contrary to ne
you are representing,
She asks for your advice on the legal Code of Professional Responsibility (CPR). (i a °
propriety of her v. David, 84 Phil. 569) There is conflict of interest
client’s claim. What advice would you
give her? Explain. ,
(2003 Bar Questions) when a lawyer will be required by his relation me
the new client to do acts which will adversely a re
SA: My advice is that it will be improper *
for her to prepare his former client or where he will be require
and submit an itemized claim of
her client against the use against his former client any information
estate I am representing. As the lawy he acquired through their pro Ona 17)
er of the estate, knowledge
my duty is to preserve the estate. The (Santos v. Beltran, 418 S
claim of her client relationship.
 104 105
ETHICALLY YOURS LAWYER AND THE CLIENT (CANONS 14-22)
(YOUR LEGAL AND JUDICIAL ETHICS
REVIEWER)

“A lawyer shall not represent conflictin full disclosure of the facts. “A lawyer shall not represen
g interests
xxx.” (Rule 15.08, Canon1 5, CPR) conflicting interest except by written consen Rule
SA: B. Yes, Atty. A should inform B that he was concerned given after a full disclosure of the acts
earlier 15.08, Canon 15, Code of Professional Responsibility)
consulted by A on the same case. The
general rule
is that a lawyer should not reveal that he
has been 33. Atty. Juan Cruz, a practicing lawyer, was employed by
consulted by a client on a particular
case but in Pilipinas Bank as its bank attorney and notary pub a
this case Atty. A has to inform B to avoid
conflict three of its branches in Manila. While thus empey
of interest. “A lawyer shall not reveal Maria del Rio, who was unaware of Atty. raz S
that he has
- been consulted about’ a particular the bank, engaged Atty. Cruz s se es
case except to employment in
avoid possible conflict of interest.” as a lawyer in a case that was filed by Pipmas t an or
(Rule 21.07,
Canon 21, Code of Professional Responsibi
lity) collection of sum of money involving one of its branc 8
in Quezon City which Atty. Cruz accepted. ane Quezon
31. Atty. A’s former Client B is deceased. A
new Client C City Regional Trial Court, after due procee ing and
proposes to engage the legal services of. in favor of Pilipinas pan
Atty. A against hearing, rendered judgment
the heirs of deceased Client B. Has Atty. and against Maria del Rio who wanted to appea re
A absolute right
to accept the engagement since Client B adverse judgment. But upon advice of Atty ae he
ig no longer his
client? Decide. (2001 Bar Question) adverse judgment was not appealed. Therea he ar ‘a
del Rio learned Atty. Cruz was employed by i it s
SA: No, Atty. A does not have an absolute
right to accept Bank as one of its attorneys. She now consults “ vor .
the engagement of Client C. His right
is subject to the and asks you to take legal steps against Atty. Cruz
condition that he will not have to revea
l information his apparent misconduct.
received from client B to be used again
st the heirs of
B to promote the interest of C. He must
first determine What do you think of what Atty. Cruz did? Is there
whether accepting C as his client will
be in conflict a valid and legal basis to discipline him? (1999 Bar
with the interest of his former client
B because he is
Question)
prohibited from using said information
against the SA: Atty. Cruz committed an unethical act wen he
heirs of his deceased client. “A lawyer
shall preserve represented Maria del Rio in a case filed by Pi on
the confidences and secrets of his clien Bank against her because he represented com ic ing
t even after the
attorney-client relationship is terminat interests. His actions were contrary to the ethica nor ns
ed.” (Canon 21,
Code of Professional Responsibility) of the legal profession. There was conflict of in eres
because Atty. Cruz is an employee of Pilipinas a vu
32. In a contentious transaction of sale and purchase as its bank attorney and notary public, at the time ne
involving real property between’ X represented Maria against the bank. It. was improp r
(seller) and Y
(purchaser), whose interests were diame for him to appear as counsel for a person whose in eres
trically opposed
to each other, Atty. Z with the knowledg directly. conflicts with that of his present or Cha 1) i : t.
e and consent of
X and Y, acted as the attorney for both parti (Philippine National Bank v. Cedo, 248 se ve Quezon
es. Did Atty.
Z commit malpractice? Explain. (2000
Bar Question) immaterial that the Pilipinas Bank branc m ud for
City is not one of the branches he gives eB Sere
SA: Yes, Atty. Z committed malpractice. The
knowledge and There is therefore a valid and legal basis to iseip line
consent of X and Y, who have confl
icting interests, is not
sufficient for Atty. Z not to be liable for him for his malpractice. “A lawyer shall not repre’ a
avoid liability, the consent of both parti
malpractice. To conflicting interests except by written consen 1 Rule
es should have concerned given after a full disclosure of the act sf ‘
been put by Atty. Zin writing after he
has given them a 15.08, Canon 15, Code of Professional Responsvoutity,
 106 ETHICALLY YOURS
LAWYER AND THE CLIENT (CANONS 14-22) 107
(YOUR LEGAL AND JUDICIAL ETHICS REVI
EWER)

34, Mrs. F, a young matron, was referred to you for legal cases are not related. If I accept the case, I will
advice by your good friend in connection with the invite suspicion of unfaithfulness or double-dealing in
matron’s jewelry business. She related to
you the facts the performance of my duty. (Northwestern University
regarding a sale on consignment of pieces
of jewelry to v. Arquillo, 415 SCRA 513; Santos v. Beltran, 418 SORA
someone she did not name or identify. Since she was 17) “A lawyer shall observe candor, fairness and loya ty
referred to you by a close friend, you did not
bill her for in all his dealings and transactions with his client.
the consultation. Neither did she offer to
compensate (Canon 15, Code of Professional Responsibility)
you. Six months later, Mrs. G, the wife of
the general
manager of a client company of your
law firm, asked
However, if it is not against Mr. “H” then there is no
you to defend her in a criminal case
for estafa filed by conflict of interest. Thus, I will accept the case but only
Mrs. F. Would you agree to handle her case? after informing him about it and securing his conformity
(1997 Bar
Question) to avoid suspicion and misunderstanding.
SA: Before I can decide, I have to inquire first if the
case filed 36. The law firm of Sale, Santiago and Aldeguer has an
against the wife of the general manager by
Mrs. F is existing and current retainership agreement with XYZ
the same concern Mrs. F consulted me about.
If it is the Corporation and ABC Company, both of which were
same, I will not agree to handle the case
of the wife of pharmaceutical firms. XYZ Corporation discovered that
the general manager because there is conflict
of interest. a number of its patented drugs had been duplicated
There is conflict of interest if a lawyer will
be required and sold in the market under ABC Company’s brand
by his relation with the new client to do acts
which will names. XYZ Corporation turned to the law firm and
adversely affect his former client or where
he will be asked it to bring suit against ABC Company for patent
required to use against his former client any
information infringement on several counts.
or knowledge he acquired through their
professional
relationship. (Santos v. Beltran, 418 SCRA What are the ethical considerations involved in
17) When I
was consulted by Mrs. F six months ago and this case and how are you going to resolve them? (1994
gave her my
professional advice, an attorney-client Bar Question)
relationship was
created between the two of us. This is true
even if I was SA: The ethical considerations involved in the case at bar
not paid for giving the legal advice. (Hilado
v. David, 84 are conflict of interests and privileged communication
Phil. 571) However, if it is not the same
case and there because both XYZ Corporation (XYZ) and ABC Company
is no conflict of interests, I will agree to handl
e the case. (ABC) are clients of the law firm Sale, Santiago ane
35, You are the lawyer of Mr. “H,” the plaintiff, Aldeguer, wherein XYZ wants the said law firm to file
in a civil case a suit against ABC. “A lawyer represents conflicting
for rescission of contract. The prospects
of an amicable
settlement look bright. Impressed by your abilit interest when, in behalf of one client, it is his duty to
y, Mr. “I,” contend for that which duty to another client requires
the defendant, would like very much to retai
n you as his
defense counsel in a criminal case for homic him to oppose.” (Canon 6, Canon ofProfessional Ethics)
ide through
reckless imprudence. Mr. “I” wants you Clearly, the said law firm will be representing conflicting
to forthwith
enter your appearance, the arraignment interests if it files a case against ABC for XYZ, both their
already having
been scheduled. Would you accept the clients. In the same manner, the doctrine of privileged
offer? (1997 Bar
Question) communication will be violated because both parties
are in the same industry, both are clients of the firm,
SA: First, I have to determine if the criminal
case is against and the firm may have to use information or knowledge
My. “H.” If it is against Mr. “H,” I
will not accept the acquired by it through their professional relationship,
case because it will constitute conflict
of interest, even if against its client in favor of another client.
 108 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
To resolve the ethical issue involved, the firm has
two options, to wit:
1) Refuse to file a suit for XYZ against ABC because of
the ethical issues involved; or
2) After informing both parties of the ethical issues,
and a full disclosure of the facts involved, get the
written consent of both that the firm will be their
counsel. (Rule 15.03, Canon 15, Code of Professional
Responsibility)
SA:
37. What is the meaning of the phrase “a lawyer representing
conflicting interests”? Why is it forbidden by Canon 6 of
the Canons of Professional Ethics? (1993 Bar Question)
SA: The meaning of the phrase “a lawyer representing
conflicting interests” is that where two parties who
are in conflict, or oppose each other in a case, are
both
represented by the same lawyer. Thus, if the
lawyer
argues for one client, he will also be the one to oppose
the said argument for the other. (Paz v. Sanchez,
502
SCRA 209; Perez v. De la Torre, 485 SCRA 54 7; Abaqui
ta
v. Florido, 395 SCRA 574) He will then be suspec
ted of
divided loyalty contrary of what is required of him
by
the Code of Professional Responsibility (CPR) which
is to
“observe candor, fairness, and loyalty in all his dealings
and transactions with his client.” (Canon 18, CPR)
The reason it is forbidden “is founded on the
principles of public policy, on good taste.” The prohibition
is not only to prevent a dishonest lawyer from committing
fraud against his clients, or prospective clients, but also
to prevent an honest lawyer from being required to
choose between conflicting duties or for him to attempt to
reconcile conflicting interests where his duty is to enforce
fully the rights of his client alone. (Hilado v. David, 84
Phils. 571) An attorney-client relationship is based on
trust and confidence to the highest degree. A lawyer
must not be given an opportunity to take advantage of
the secrets of his client because the profession will suffer
if the trust and confidence of a client is abused,
38. Huey Company and Dewey Corporation are both retainer
clients of Atty. Anama. He is the Corporate Secretary
LAWYER AND THE CLIENT (CANONS 14-22) 109
of Huey Company. He represents Dewey Corporation
in three pending litigation cases. Dewey Corporation
wants to file a civil case against Huey Company and has
requested Atty. Anama to handle the case.
1) What are the options available to Atty. Anama?
Explain your answer.
2) If you were Atty. Anama, which option would you
take? Explain. (1993 Bar Question)
1) There are two options available to Atty. Anama, to
wit:
a) Refuse to file a civil case for Dewey Cor-
poration (Dewey) against Huey Company
(Huey) because of the ethical issues involved.
To accept the case will constitute representing
conflicting interests which is unethical. There
is conflict of interest because it is the duty of
Atty. Anama to contend for Dewey and also
his duty to oppose the same and defend Huey;
or
b) Agree to file the civil case against Huey after
a full disclosure to both clients of the facts
and ethical issues involved and both giving
their express and written consent that Atty.
will be their counsel. (Rule 15.08,
Anama
Canon 15, Code of Professional Responsibility)
The written consent is required by the Code
as it will free the lawyer from committing
malpractice.
2) If I were Atty. Anama, I will choose to inhibit
myself and inform Dewey that I cannot file the civil
case against Huey to avoid representing conflicting
_ interests. The rationale why lawyers are prohibited
from representing conflicting interests is based on
public policy. It does not only prevent a dishonest
lawyer from committing fraud against his chents,
or prospective clients, but also prevents an hones
lawyer from being required to choose between
conflicting duties or for him to attempt to reconcile
his duty is to enforce
conflicting interests where
fully the rights of his client alone. (Hilado v. David,
 LAWYER AND THE CLIENT (CANONS 14-22) 111
110 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

&4 Phil. 571) He may be suspected of disloyalty by
one client. An attorney-client relationship is based
on trust and confidence to the highest degree. A
lawyer must not be given an opportunity to take
advantage of the secrets of his client because the
40.
profession will suffer if the trust and confidence of
a client is abused.
39. Atty. V. Suarez represented Altamarino in an ejectment
case against Orbido. Judgment was rendered in favor of
Altamarino and Orbido vacated the property forthwith.
Subsequently, a case for annulment of Altamarino’s
title over the property subject of the ejectment case was
filed by Orbido who is now represented by Atty. Suarez.
Altamarino filed a motion for the disqualification of
Atty. Suarez for representing conflicting interests as the
latter was his lawyer in the ejectment case. Atty. Suarez
claims that the attorney and client relationship between SA:
her and Altamarino had already been terminated and
that she did not obtain any confidential information
regarding Altamarino’s title in handling the ejectment
case, which is different from the present case for
annulment of title.
Rule on the motion for disqualification of Atty.
Suarez. (1992 Bar Question)
SA: I will grant the motion to disqualify Atty. Suarez
because his appearance for Orbido against Altamarino,
[his] former client, constitute[s] representing conflicting
interests which is prohibited by the Code of Professional
Responsibility. It is immaterial that the ejectment case
is terminated or that she did not obtain any confidential
information regarding the title of Altamarino when 41.
she handled the ejectment case or that the case for
annulment of title is different. An “attorney owes
loyalty to his client not only in the case in which he has
represented him but also after the relation of attorney
and client has terminated as it is not good practice to
permit him afterwards to defend in another case other
person against his former client under the pretext that
the case is distinct from, and independent of the other
SA:
case. It behooves respondent not only to keep inviolate
the client’s confidence but also to avoid the appearance of
treachery and double-dealing for only then can litigants
be encouraged to entrust their secrets to their attorneys
which is of paramount importance in the administration
of justice.” (Rosacia v. Bulalacao, 248 SCRA 665)
Atty. Belle Montes is a former partner in the Rosales Law
Office which is representing Corporation X before the
Securities and Exchange Commission. Atty. Montes who
is now practicing on her own, entered her appearance
as counsel for Corporation Y in a suit between said
corporation and Corporation X. Atty. Montes claims
that since she did not personally handle the case of
Corporation X when she was still with the Rosales Law
Office she will not be representing conflicting interests.
Is such argument valid? Explain. (1992 Bar
Question)
The argument of Atty. Belle Montes, is not valid. Her
appearance for Corporation Y (Y) in a suit against
Corporation X (X) constitute representing conflicting
interests. There is conflict of interest because she was
a former partner of a firm which has X as its client
so, to handle a case against the said corporation will
be unethical. The employment of a law firm includes
employing that of its members. Thus, it is immaterial
if she never handled a case for the corporation. The rule
on conflict of interests does not only include information
given in confidence, but also include those not given in
confidence or even information which will not be used
but was relayed by the client to counsel because of their
attorney-client relationship.
When Atty. Romualdo interviewed his client, Vicente,
who is accused of murder, the latter confessed that he
killed the victim in cold blood. Vicente also said that
when he takes the witness stand, he will deny having
done so. Is Atty. Romualdo obliged, under his oath as
lawyer, to inform the judge that (a) his client is guilty
and (b) his client will commit perjury on the witness
stand? Explain. (2009 Bar Question)
is not obliged to inform the
a) Atty. Romualdo
is guilty or that he
judge that his client Vicente
112 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
confessed to him that he killed the victim because
the information that was relayed to him is covered
by the attorney-client privilege. It is his duty, as a
lawyer, to “maintain inviolate the confidence, and
at every peril to himself, preserve the secrets of
his chent.” (Sec. 20 (e), Rule 188, Revised Rules of
Court) He is bound to keep the said information in
confidence because it was an admission of a crime
already committed covered by the rule on privilege
communication.
b) Atty. Romualdo can inform the judge that his client
Vicente will commit perjury on the witness stand.
The information relayed to him is not covered by
the rule on privileged communication because it is
of a crime about to be committed. As a lawyer, he is
not only an officer of the court but he took an oath
not to do any falsehood nor consent to the doing of
any in court. He owes “candor, fairness and good
faith to the court.” (Canon 10, Code of Professional
Responsibility)
42, Christine was appointed counsel de oficio for Zuma, who
was accused of raping his own daughter. Zuma pleaded
not guilty but thereafter privately admitted to Christine
that he did commit the crime charged.
XXX
(b) Can Christine disclose the admission of Zuma
the court? Why or why not? (2008 Bar Question)
xXX
SA: No, Christine cannot disclose the admission of Zuma
the court because the admission of Zuma is covered by
the attorney-client privilege. It is her duty, as a lawyer,
to “maintain inviolate the confidence, and at every peril
to himself, preserve the secrets of his client.” (Sec. 20
(e), Rule 138, Revised Rules of Court) She is bound to
keep the said information in confidence because it was
an admission of a crime already committed covered by
the rule on privilege communication. “A lawyer shall
preserve the confidences and secrets of his client even
after the attorney-client relationship is terminated.”
(Canon 21, Code of Professional Responsibility)
LAWYER AND THE CLIENT (CANONS 14-22) 113
43. In the course of a drinking spree with Atty. Holgado
who has always been his counsel in business deals,
Simon bragged about his recent sexual adventures with
socialites known for their expensive tastes. When Atty.
Holgado asked Simon how he manages to finance his
escapades, the latter answered that he has been using
the bank deposits of rich clients of Banco Filipino where
he works as manager.
Is Simon’s revelation to Atty. Holgado covered by
the attorney-client privilege? (2006 Bar Question)
SA: No, the revelation of Simon to Atty. Holgado is not covered
by the attorney-client privilege because it was not made
on account of a client seeking legal advice from a lawyer
to create an attorney-client relationship. Further, the
information relayed by Simon is about a crime or fraud
being committed or to be committed which is not covered
by the mantle of privileged communication between a
lawyer and a client. Finally, Simon was bragging, the
information was not given to Atty. Holgado in confidence
thus not covered by the attorney-client privilege.
(Mercado v. Vitriolo, 459 SCRA 1)
44. Is it ethical for a lawyer to advise his client to enter a
plea of guilty in a criminal case if the lawyer is personally
convinced that he cannot win the case for his client?
(2009 Bar Question)
to
SA: Yes, it is ethical for a lawyer to advise his client to plead
guilty if he is personally convinced that he cannot win
the case for his client. However, before a lawyer can
to give such advice, he must explain fully to his client his
constitutional rights and the pros and cons of his plea of
guilty.
45. What steps should first be done by the attorney before
he can endorse or object to his client’s intention to plead
guilty? State your reasons. (2001 Bar Question)
SA: Before an attorney can endorse or object to the intention
of his client to plead guilty, it is his duty to do the .
following:
a) Carefully study the records of the case;
 114 ETHICALLY YOURS LAWYER AND THE CLIENT (CANONS 14-22) 115
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

b) Confer with the client for him to narrate what really as attorney is in an easy position to take advantage
transpired and emphasize on him that he has to of the credulity and ignorance of his client. Thus, no
tell the whole truth and should not withhold any presumption of innocence or improbability of wrongdoing
information why he committed the crime charged; is considered in an attorney’s favor.” (Nakpil v. Valdes,
288 SCRA 758)
c) Haveathorough evaluation of all the circumstances
leading to the crime;
47. Q: As arule, why should an attorney not testify as a witness
d) Thoroughly explain to him his rights, constitutional for his client? (2001 Bar Question)
and statutory, and the pros and cons of pleading SA: It is improper for an attorney to testify as a witness for
guilty; and his client because the function of a witness is different
e) Makesurethat the necessary procedures prescribed from that of a lawyer who is an advocate of his client.
by the rules and the law in the administration of “The function of a witness is to tell the facts as he recalls
justice are strictly complied with and in the official them in answer to questions. The function of an advocate
records of the court if the client insist[s] to plead is that of a partisan. It is difficult to distinguish between
guilty. the zeal of an advocate and the fairness and impartiality
of a disinterested witness. The lawyer will find it hard to
A lawyer must observe the above-mentioned steps disassociate his relation to his client as. an attorney and
because: his relation to the party as a witness.” (Agpalo, Legal
a) itis his duty to “observe candor, fairness and loyalty Ethics, 2009 Ed., p. 175, citing Jacobs v. Weissinger, 211
in all his dealings and transactions with his client” Mich. 47)
(Canon 15, Code of Professional Responsibility
48. Q: On what matter can a lawyer testify as a witness in a
[CPR)); case he is handling for a client?
b) he owes fidelity to the cause of his client and must
SA: A lawyer can testify as a witness for his client on the
be mindful of the trust and confidence reposed
following:
upon him (Canon 17, CPR); and
a) “On formal matters such as the mailing, authen-
c) he must “serve his client with competence and
tication or custody of an instrument and the like; or
diligence.” (Canon 18, CPR)
b) Onsubstantial matters in cases where his testimony
46. Is there no presumption of innocence or improbability is essential to the ends of justice, in which event he
of wrongdoing in an attorney’s favor when he deals with must, during his testimony, entrust the trial of the
his client concurrently as lawyer and as businessman? case to another counsel.” (Rule 12.08, Canon 12,
(2009 Bar Question) Code of Professional Responsibility)
SA: Yes, there is no presumption of innocence in favor of an
49. State, with a brief explanation, whether a lawyer may
attorney if he deals with his client as a lawyer and a
be sanctioned for keeping the money he collected as
businessman at the same time. “Business transactions
rental from his client’s tenant and remitting it only to
between an attorney and his client are disfavored and
discouraged by
the client when asked to do so. (2008 Bar Question)
the policy of the law. Hence, courts
carefully watch these transactions to assure that no SA: Yes, the lawyer may be sanctioned for not immediately
advantage is taken by a lawyer over his client. The rule remitting the rental payments he collected for his client
is founded on public policy for, by virtue of his office, and only remits the same to his client when asked to do
116 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
so. The relationship of a lawyer and a client is highly
fiduciary in nature and it was unethical for him to wait
for the client to demand for its delivery. “A lawyer shall
hold in trust all moneys and properties of his client
that may come into his possession” (Canon 16, Code of
Professional Responsibility [CPR]) and shall account
(Rule 16.01, Canon 16, CPR) and “deliver the funds and
property of his client when due or upon demand.” (Rule
16.03, Canon 16, CPR) Money collected for a client must
be accounted for and reported to the client immediately.
The Supreme Court disbarred a lawyer who collected
rental payments for his client for a period of one year
without reporting and remitting the money collected
to his client until the client made a demand for it.
(Lincuanan v. Melo, 170 SCRA 100)
50. A engaged the legal services of Atty. B in a collection
case A filed against C. A and C later agreed to settle the
case. C turned over to Atty. B the amount of P150,000.00
as partial settlement of his obligation to A. Atty. B kept
the money and did not report the said partial payment
by C to A. Upon learning of Atty. B’s action, A filed an
administrative complaint against Atty. B before the
Supreme Court. Can Atty. B be held administratively
liable? Explain.
SA: Yes, Atty. B may be held administratively liable. The
relationship of a lawyer and a client is highly fiduciary
in nature. It was unethical for him to keep the money
and not report it to A. “A lawyer shall hold in trust
all moneys and properties of his client that may come
into his possession” (Canon 16, Code of Professional
Responsibility [CPR]) and shall account (Rule 16.01,
Canon 16, CPR) and “deliver the funds and property of
his client when due or upon demand.” (Rule 16.08, Canon
16, CPR) Money collected for a client must be accounted
for and reported immediately to the client. The Supreme
Court disbarred a lawyer who collected rental payments
for his client for a period of one year without reporting
and remitting the money collected to his client until the
client made a demand for it. (Lincuanan v. Melo, 170
SCRA 100)
LAWYER AND THE CLIENT (CANONS 14-22) 117
51. Marlyn, a widow, engaged the services of Atty. Romanito
in order to avert the foreclosure of several parcels of
land mortgaged by her late husband to several creditors.
Atty. Romanito advised the widow to execute in his
favor deeds of sale over the properties, so that he could
sell them and generate funds to pay the creditors. The
widow agreed. Atty. Romanito did not sell the properties,
but paid the mortgage creditors with his own funds,
and hand the land titles registered in his name. Atty.
Romanito succeeds in averting the foreclosure. Is he
administratively liable? Reasons. (2009 Bar Question)
SA: Yes, Atty. Romanito is administratively liable because
he violated Canons 16 and 17 of the Code of Profession-
al Responsibility (CPR). The relationship of a lawyer
and a client is highly fiduciary in nature. He was not
transparent to his client that he will be the one to pur-
chase the properties. His acts of acquiring the properties
entrusted to him by Marlyn for himself constitute gross
misconduct. (Hernandez v. Go, 450 SCRA 1) “A lawyer
owes fidelity to the cause of his client and he shall be
mindful of the trust and confidence reposed upon him.”
(Canon 17, CPR)
52. C engaged the services of Attorney D concerning various
mortgage contracts entered into by her husband from
whom she is separated, fearful that her real estate
properties will be foreclosed and of impending suits for
sums of money against her. Attorney D advised C to give
him her land titles covering her lots so he could sell them
to enable her to pay her creditors. He then persuaded
her to execute deeds of sale in his favor without any
monetary or valuable consideration, to which C agreed
on condition that he would sell the lots and from the
proceeds pay her creditors. Later on, C came to know
that Attorney D did not sell her lots but instead paid
her creditors with his own funds and had her land titles
registered in his name.
Did Attorney D violate the Code of Professional
Responsibility? Explain. (2007 Bar Question)
SA: Yes, Atty. D violated the Code of Professional
Responsibility (CPR), specifically Canons 16 and 17 of
the Code, which states that:
 118 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
“Canon 16. A lawyer shall hold in trust all moneys
55.
and properties of his client that may come into his
possession; and
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.
The relationship of a lawyer and a client is high-
ly fiduciary in nature. Atty. D was not transparent to
his client. His acts on how he acquired the properties
entrusted to him by C constitute gross misconduct. He
engaged in deceitful, dishonest, unlawful and grossly
immoral acts, which might lessen the trust and confj-
dence reposed by the public in the fidelity, honesty, and
integrit
SCht y of the legal profession. (Hernan
(Hernandez
d v. Go, 450
53. Q: Define an attorney’s retaining lien. (2000 Bar Question)
SA: An attorney’s retaining lien is the right of a lawyer to
hold on to the funds, documents and papers of his client
which have lawfully come into his possession until his
lawful fees and disbursements have been paid, and he
may apply such funds to the satisfaction thereof. (Sec
37, Rule 138, Rules of Court)
54, G was appointed administratrix of the estate of her
deceased father. She engaged the services of Atty. Hasher
personal counsel to represent her in court proceedings.
G later discharged the services of Atty. H. Invoking his
retaining lien, Atty. H retained documents bearing on
the estate of the decedent which were entrusted to him
by G. Is Atty. H’s retention of the documents justified? 56.
Explain. (2000 Bar Question)
SA: No, the retention by Atty. H of the documents of the
estate 1s not justified. He was not the counsel of the
estate but the personal counsel of G, the administratrix
of the estate. G, as administratrix, and the estate are
two different personalities. The documents bearing on
the estate does not belong to G, his client. He, therefore
does not have any right to exercise a retaining lien on
the documents of the estate.
119
LAWYER AND THE CLIENT (CANONS 14-22)
Upon being replaced by Justice C, Atty. B, the former
counsel of the parents of the victims of the OZONE Disco
tragedy, was directed to forward all the documents in
his possession to Justice C. Atty. B refused, demanding
full compensation pursuant to their written contract.
Sensing that a favorable judgment was forthcoming,
Atty. B filed a motion in court relative to his attorney’s
fees, furnishing his former clients with copies thereof.
Is Atty. B legally and ethically correct in refusing
to turn over the documents and in filing the motion?
Explain. (1996 Bar Question)
SA: Yes, Atty. B is legally and ethically correct to refuse to
turn over the documents and to file a motion in court
relative to his fees because he is entitled to:
a) aretaining lien, to hold on to the funds, documents
and papers of his client which have lawfully
come to his possession until his lawful fees and
disbursement have been paid, and may apply such
funds to the satisfaction thereof (Sec. 37, Rule 138,
Revised Rules of Court; Rule 16.03, Canon 16, Code
of Professional Responsibility); and
b) acharging lien, upon all judgments for the payment
of money, and executions issued in pursuance of
such judgments, which he has secured in a litigation
of his client, from and after the time when he shall
have caused a statement of his claim of such lien to
be entered upon the records of the court rendering
such judgment or issuing such execution. (Sec. 37,
Rule 188, Revised Rules of Court)
Harold secured the services of Atty. Jarencio to collect
from various debtors. Accordingly, Atty. Jarencio filed
collection cases against the debtors of Harold and in fact
obtained favorable judgments in some. Atty. Jarencio
demanded from Harold his attorney’s fees pursuant
to their agreement but Harold refused. When one of
the defendants paid his indebtedness of [P]20,000.00
through Atty. Jarencio, the latter refused to turn over
the money to Harold; instead, Atty. Jarencio applied
the amount to his attorney’s fees having in mind the
provisions of the Civil Code on legal compensation or
set-off to justify his act.
 120 ETHICALLY YOURS
LAWYER AND THE CLIENT (CANONS 14-22) 121
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

. nee Atty. Jarencio correct in refusing to turn over by the

SA: A. ‘The general rule is that a client is bound
o his client the amount he collected? ? Disc uss full
mistakes of his counsel but if the counsel betrayed
(1995 Bar Question)
oe the trust and confidence of his client or when there
SA: No, Atty. Jarencio is not correct in refusing to turn over is gross negligence on his (counsel) part, depriving
the amount and applying the same to his attorney’s fees. his client of due process then he (client) is not bound
He cannot just appropriate the sum of [P]20,000.00 by the negligence of his counsel. “As a general rule,
as a client is bound by the mistakes of his counsel.
his legal fees when Harold refused to pay him.
What he
is entitle
1 d to as a lawyer are attorne Only when the application of the general rule would
y’ retaini
neys ini n
charging liens. result in serious injustice should an exception
° ane thereto be called for.” (Villa Rhecar Bus v. De la
A retaining lien is the right of a lawyer to hold on Cruz, 157 SCRA 13; see also: Cabales v. Nery, 94
to the funds, documents and papers of his client which SCRA 374; Valerio v. Secretary of Agriculture, 7
have lawfully come to his possession until his lawful fees SCRA 719; PHHC v. Tiongco, 12 SCRA 471; San
and disbursement have been paid, and may apply such Miguel Corp. v. Laguesma, 236 SCRA 595)
funds to the satisfaction thereof. While a charging lien
is a lien upon all judgments for the payment of money. SA: B. A lawyer is liable to his client for damages if by
and executions issued in pursuance of such judgments, reason of his negligence, actual loss has been
caused to his client. (Pineda, Legal Ethics, p. 295,
which he has secured in a litigation of his client from and
2009 Ed. citing 5 Am. Jur. 323) “A lawyer shall not
after the time when he shall have caused a statement
neglect a legal matter entrusted to him and his
of his claim of such lien to be entered upon the records
negligence in connection therewith shall make him
of the court rendering such judgment or issuing such
liable.” (Rule 18.08, Canon 18, Code of Professional
execution. (Sec. 37, Rule 138, Revised Rules of Court; Responsibility) However, for a lawyer to be held
Rule 16.03, Code of Professional Responsibility)
liable, his failure to exercise reasonable care, skill
57, State, with a brief explanation, whether a lawyer may and diligence must be the proximate cause of the
loss. (Pineda, Legal Ethics, p. 295, 2009 Ed. citing
be sanctioned for refusing to return certain documents
7 CJS 980)
to a client pending payment of his att orney’s’ fees.
Bar Question) metees: 2008 State, with a brief explanation, whether a lawyer may be
59.
SA: The lawyer concerned may not be sanctioned because sanctioned for filing a complaint that fails to state a cause
he is entitled to a retaining lien. A retaining lien is the of action, thereby resulting in the defendant succeeding
right of a lawyer to hold on to the funds, documents in his motion to dismiss. (2008 Bar Question)
and papers of his client which have lawfully come to SA: Yes, the lawyer may be sanctioned because filing a
his
possession until his lawful fees and disbursement
have complaint that fails to state a cause of action is a
been paid, and may apply such funds to the satisfa
ction violation of the lawyer’s oath and Code of Professional
thereof. (Sec. 37, Rule 1 38, Revised Rules of Court;
Rule Responsibility (CPR). He took an oath not to wittingly or
16.03, Code of Professional Responsibility) willingly promote or sue any groundless, false or unlawful
suit. If there is no cause of action, then the complaint is
58. Q: A. State the rule on whether a client is bound by the groundless. While if there is a cause of action and he
mistake of his counsel. failed to state the same, then he did not do his duty
B. On account of his mistake, is counsel liable to his to serve his client with competence and diligence and
client for damages? Explain. (2002 Bar Question) handle it with adequate preparation. “A lawyer shall
serve his client with competence and diligence” (Canon
122 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
18, CPR) and shall handle legal matters with adequate
preparation. (Rule 18.02, Canon 18, CPR)
60. Attorney M accepted a civil case for the recovery of title
and possession of land in behalf of N. Subsequently,
after the Regional Trial Court had issued a decision
adverse to N, the latter filed an administrative case
against Attorney M for disbarment. He alleged that
Attorney M caused the adverse ruling against him; that
Attorney M did not file an opposition to the Demurrer
to Evidence filed in the case, neither did he appear at
the formal hearing on the demurrer, leading the trial
court to assume that plaintiff's counsel (Attorney M)
appeared convinced of the validity of the demurrer
filed; that Attorney M did not even file a motion for
reconsideration, causing the order to become final and
executory; and that even prior to the above elements and
in view of Attorney M’s apparent loss of interest in the
case, he verbally requested Attorney M to withdraw, but
Attorney M refused. Complainant N further alleged that
Attorney M abused his client’s trust and confidence and
violated his oath of office for failing to defend his client’s
cause to the very end.
Attorney M replied that N did not give him his full
cooperation; that the voluminous records turned over to
him were in disarray, and that when he appeared for N,
he had only half of the information and background of
the case; that he was assured by N’s friends that they
had approached the judge; that they requested him (M)
to prepare a motion for reconsideration which he did and
gave to them; however, these friends did not return the
copy of the motion.
"Will the administrative case prosper? Give reasons
for your answer. (2007 Bar Question)
SA: Yes, the administrative case against Atty. M will prosper
because he committed unethical acts in violation of
the Code of Professional Responsibility (CPR),
Revised Rules of Court (RRC).
and the
_ In the case at bar, Atty. M did not file an opposition
to the Demurrer to Evidence; he did not appear at the
formal hearing of the demurrer hence, it was granted;
14-22) 123
LAWYER AND THE CLIENT (CANONS
and he did not file a motion for reconsideration of the
order granting the demurrer which then became final
and executory to the prejudice of his client. Clearly,
it can be seen that he did not provide competent and
diligent legal service to his client. He was negligent and
did not handle the legal matter entrusted to nm with
adequate preparation. “A lawyer shall serve his chen
with competence and diligence” (Canon 18, CPR) and
“shall not neglect a legal matter entrusted to him and
his negligence in connection therewith shall make him
liable.” (Rule 18.03, Canon 18, CPR)
The defense of Atty. M that the records turned over
to him were voluminous and in disarray and that he did
not have enough information and background of the case
is without merit and not even excusable. It is his duty to
handle legal matters with adequate preparation (Rule
18.02, Canon 18, CPR) and to organize the records given
to him and go to trial adequately prepared. (Rule 12.01,
Canon 12, CPR)
On the issue of the refusal of Atty. M to withdraw
from the case as requested by his client N, he violated
Section 26, par. 2, RRC, which partially states that a
client may at any time dismiss his attorney or substitute
another in his place, xxx.” Clearly, his client N has the
absolute right to terminate his legal services at any time
with or without cause.
Regarding his defense that he was assured by
friends of N that they had approached the judge, and
requested him to prepare a motion for reconsideration,
which he said he did and gave the same to them, but they
did not return the copy of the motion, is unbelievable.
As a lawyer, as an officer of the court, should know
better because said acts were unethical and contrary
to the norms of the legal profession. “A lawyer owes
candor, fairness and good faith to the court” (Canon 10,
CPR) and “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. ( Canon
13, CPR) His allegation that he gave his motion for
reconsideration to the friends of N for filing 1s another
instance of his negligence. If he prepared the motion for
 124 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
reconsideration, he should have filed it himself. It is his
duty to see to it that the said pleading is filed. (Francisco
v. Portugal, 484 SCRA 57)
61. Q: After reading the decision against his client Jose
Kapuspalad, Atty. Calmante was convinced that it had
a reasonable basis and that he would have difficulty
obtaining a reversal. For this reason, Atty. Calmante
did not appeal. When Jose learned about the judgment
against him, he blamed Atty. Calmante for not taking
a timely appeal and filed an administrative complaint
for negligence against the latter. Decide the case. (2002
Bar Question)
SA: I will rule against Atty. Calmante because he does not
have any authority to waive the right of his client Jose
Kapuspalad to appeal. What he did was to deprive his
client of his right to appeal which constitutes negligence
and malpractice. It is the decision of his client to appeal
or not. (See Reontoy v. Ibadlit, 285 SCRA 88) “A lawyer
shall not neglect a legal matter entrusted to him and
his negligence in connection therewith shall render
him liable.” (Rule 18.03, Canon 18, Code of Professional
Responsibility)
62. Q: What should a lawyer, generally obligated by law to
accept a retainer, do if he knows or should know that
he is not qualified to render the legal service required?
Explain. (2001 Bar Question)
SA: A lawyer should not accept a retainer if he knows he is
not qualified to render the legal service required because
he might just prejudice, or put to risk the interest of,
his client for his lack of competence. “A lawyer shall
not undertake a legal service which he knows or should
know that he is not qualified to render. However, he
may render such service if, with the consent of his client,
he can obtain as collaborating counsel a lawyer who is
competent on the matter.” (Rule 18.01, Canon 18, Code
of Professional Responsibility)
63. Q: A engaged the services of Atty. B to defend him in a case
for collection of sum of money that was brought against
him in the Municipal Trial Court by D. Despite notice of
the scheduled dates of hearing, Atty. B failed to appear
LAWYER AND THE CLIENT (CANONS 14-22) / 125
much less to inform A about it. The case was decided
against A. It was only when the adverse judgment was
being executed against him that A learned he had lost
the case. When he went to see counsel, Atty. B put up
the excuse that he was busy attending to his cases which
were more important than A’s.
Before whom can A seek redress against Atty. B
who apparently was negligent in attending his case?
(1999 Bar Question)
A can seek redress, by filing a verified administrative
complaint against Atty. B, before the Supreme Court
or the Integrated Bar of the Philippines (IBP), or its
chapter to which Atty. B belongs. (Sec. 1, Rule 139-B,
Revised Rules of Court)
64. Nene approached Atty. Nilo and asked him if it was
alright to buy a piece of land which Maneng was selling.
What was shown by Maneng to Nene was an Original
Certificate of Title with many annotations and old
patches, to which Nene expressed suspicion. However,
Atty. Nilo, desirous of pushing through with the
transaction because of the high notarial fee promised
to him, told Nene that the title was alright and that
she should not worry since he is an attorney and that
he knew Maneng well. He notarized the Deed of Sale
and Nene paid Maneng P108,000.00. It turned out
that Maneng had previously sold the same property to
another person.
For the injustice done to Nene, may Atty. Nilo be
disciplined? (1998 Bar Question)
SA: Yes, Atty. Nilo may be disciplined because he was
negligent and placed his own interest ahead of his
client so he did not bother to check the annotations
and old patches on the certificate of title. He failed to
protect the interest of Nene, his client, because he was
more interested on his notarial fee, which is unethical.
(Nadayag v. Grageda, 237 SCRA 202) “A lawyer shall
not neglect a legal matter entrusted to him and his
negligence in connection therewith shall render him
liable.” (Rule 18.03, Canon 18, Code of Professional
Responsibility)

126 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
65. Under Canon 19 of the Code of Professional
Responsibility, “a lawyer shall represent his client with
zeal within the bounds of the law.” How far, in general
terms, may a lawyer go in advocating, supporting, and 67, Q:
defending the cause of his client in a criminal case filed
against the latter? (2003 Bar Question)
SA: The devotion of a lawyer to his client under Canon 19
of the Code of Professional Responsibility (CPR) is not SA:
without limit. A lawyer may advocate, support and
defend the cause of his client only by fair and honorable
means (Sec. 20 (i), Rule 138, Revised Rules of Court
[RRC]}) consistent with truth and honor, and he should
never seek to mislead the judge or any judicial officer
by an artifice or false statement of fact or law. (Sec. 20
(d), Rule 138, RRC) “A lawyer shall employ only fair
and honest means to obtain the lawful objectives of his
client xxx” (Rule 19.01, Canon 19, Code of Professional
Responsibility [CPR]) and shall not allow himself to
be used by his client to pursue an illegal or immoral 68.
course of conduct violative of the Code, the Canons and
the Rules. (Rule 22.01, Canon 22, Code of Professional
Responsibility)
66. Under the Code of Professional Responsibility, a lawyer
owes fidelity to the cause of his client and shall represent
his client with zeal in the maintenance and defense of SA:
his rights. How far, in general terms, may a lawyer go
in advocating[,] supporting and defending his client’s
rights and interests? (1997 Bar Question)
SA: The devotion of a lawyer to his client is not without limit.
A lawyer may advocate, support and defend the rights
and interests of his client only by fair and honorable
means (Sec. 20 (i), Rule 138, Revised Rules of Court
[RRC] consistent with truth and honor, and he should
never seek to mislead the judge or any judicial officer
by an artifice or false statement of fact or law. (Sec. 20
(d), Rule 138, RRC) “A lawyer shall employ only fair
and honest means to obtain the lawful objectives of his 69.
client xxx” (Rule 19.01, Canon 19, Code of Professional
Responsibility [CPR]) and shall not allow himself to
be used by his client to pursue an illegal or immoral
course of conduct violative of the Code, the Canons and
127
LAWYER AND THE CLIENT (CANONS 14-22)
the Rules. (Rule 22.01, Canon 22, Code of Professional
Responsibility)
Atty. A discovered his client’s fraud against the adverse
party. What steps should he take so that his client will
secure only that which is legally and justify due him?
(2001 Bar Question)
Atty. A should call the attention of his client and ask
him to rectify the wrong he (client) has done. As an
officer of the court, Atty. A should not allow his chent to
commit a fraud. “A lawyer who has received information
that his client has, in the course of the representation,
perpetuated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with
such client in accordance with the Rules of Court.” (Rule
19.02, Canon19, Code of Professional Responsibility)
During the course of his cross-examination, your client
had testified to events and circumstances which you
personally know to be untrue. If his testimony was given
credence and accepted as fact by the court, you are sure
to win your client’s case. Under the Code of Professional
Responsibility, what is your obligation to your client?
(1994 Bar Question)
My obligation to my client is to call his attention and
ask him to rectify his testimony. As an officer of the
court, I should not allow my client to commit perjury
and perpetuate fraud upon a tribunal. “A lawyer who
has received information that his client has, in the
course of the representation, perpetuated a fraud upon a
person or tribunal, shall promptly call upon his client to
rectify the same, and failing which he has to terminate
the relationship with such client in accordance with
of
the Rules of Court. (Rule 19.02, Canon 19, Code
Professional Responsibility)
Atty. Cua wins a case involving a donation mortis causa.
Afterwards, she discovers, and is convinced, that the
client
Deed of Donation was falsified, and that it was her
who did the falsification. If you were Atty. Cua, what
would you do? Explain. (1993 Bar Question)
 128
_ ETHICALLY YOURS wy
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER) LAWYER AND THE CLIENT (CANONS 14-22) me

SA: IfIw 4 Chester asked Laarni to handle his claim to a sizeable

and ek he iene he ol the attention ofmy client 71. Q:
my client will not heed m im alm m the donation. If parcel of land in Quezon City against a well-known
property developer on a contingent fee basis. Laarni
lawyer. I cannot continue t ‘vend will resign as his
a client who has committed - nd er legal service to asked for 15% of the land that may be recovered or 15%
lawyer who has received i foe upon a tribunal. “ of whatever monetary settlement that may be received
has, in the course of the in ormation that his client from the. property developer as her only fee contingent
perpetuated upon securing a favorable final judgment or compromise
a fraud upon a person or t Getto:
upon his client to rectify the una shalt promptly call settlement. Chester signed the contingent fee agreement.

a) Assume the property developer settled the case

he has to terminate the relationship with eagne which
accordance with the Rules of Court.” (Rule 1 9. 0 2 cn in after the case was decided by the Regional Trial
mes amon Court in favor of Chester for P1 Billion. Chester
19, Code of Professional Responsibility)
refused to pay Laarni P150 Million on the ground
70. Q: For servi
counsel vane‘o °° rendered by Atty. Delmonico as that it is excessive. Is the refusal justified? Explain.

b) Assume there was no settlement and the case

meters (sq.m.) of land, the two a rox owing 5,000 square
eventually reached the Supreme Court which
P50,000 plus 500 sq.m. of the lan d €d on a success fee of
° promulgated a decision in favor of Chester. This
The trial court rendered ed judg
j time Chester refused to convey.to Laarni 15% of
i favo
ment in
Yu which became final and executory. the litigated land as stipulated on the ground that
ror Wag
. the agreement violates Article 1491 of the Civil
After iv
Code which prohibits lawyers from acquiring by
the transfer to himof tho eee F Rnronico demanded
purchase properties and rights which are the object
complying, Wag Yu filed an administ Sq-m. Instead of
charging Atty. Delmonico with viola “ ra sant of litigation um which they take part by reason of
Professional Responsibility and Avticle of the Code of their profession. Is the refusal justified? Explain.
Code for demanding the delivery of at, ao of the Civil (2008 Bar Question)
subject of litigation. y ota portion of the land SA: a) No, the refusal of Chester to pay Laarni on the
ground that it is excessive is not justified. The
Is . .
wane war the Code of contingent fee agreement they entered into is
Professi onal Rose
(2010 Bar Question) e Civil Code? Explain. valid, legal, and ethical. It is allowed by the Code
of Professional Responsibility. The Supreme
SA: Court allows a higher percentage of contingent
: tty: veimonico is not liable under the Code of
. i i i
rolessional Responsibili
Code. There was no vielatina owe and the New Civil et et hineand the “lifioulty een matter
between him and Wag Yu, for the , tte rt ane agreement involved. In the case at bar, the developer settled
fee of P50,000.00 plus 500 sq.m i, at to pay a success the case after the Regional Trial Court decided
and not unethical. Itis a contingent foo contract vile in favor of Chester, which means Laarni already
rendered legal service for Chester. _
Out oe ‘ and soe Dot violate Art. 1491 of the New
. be transferred only 1 ne the subject property will b) No, the refusal of Chester is not justified. The
the finality of a favorable contingent fee agreement they entered into is valid,
upon
judgment. (Direct or y of Lands legal and ethical. Their agreement did not violate
v. Ababa, 88 SCRA 13)
Article 1491 of the New Civil Code because the title
 130 ETHICALLY YOURS 131
LAWYER AND THE CLIENT (CANONS 14-22)
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

of the subject property will be tr ansferred only a 240 square-meter lot in its newly developed
t with
Laarni upon the finality of a favorable judgm
ent, subdivision. The case handled by Atty. O had nothing to
(Macariola v. Asuncion, 114 SCRA 7 7; Direct
or of do with the sales representative in the litigation, with a
Lands v. Ababa, 88 SCRA 51 3)
240 square meter lot in its newly developed subdivision.
72. Atty. CJ handled the case for plaintiff GE The case handled by Atty. O had nothing to do with the
defendant XY in an action for damages. Judgm
against sales representative’s work for the real estate company.
ent was
rendered for plaintiff GE. When a writ of execu The latter’s offer of the lot, which Atty. O accepted,
issued, the sheriff levied on a 400-square meter
tion w. was in consideration of its sales representative’s being
defendant XY. Pursuant to their contingent fee
lot of the firm’s Number One salesman. Was there a breach
plaintiff GE executed a deed of assignment
contract of the Code of Professional Responsibility by Atty. O
in favor of when he accepted the 240 square-meter lot? (1997 Bar
Atty. CJ of one-half of the 1
assignment. e lot. Atty. CJ accepted the Question)
SA: No, there was no breach of the Code of Professional
A. Is the contract for contingent fee valid? Explai
n. Responsibility (CPR) when Atty. O accepted the 240
B. Did Atty. CJ commit any violation of the Code
of square-meter lot as a gift. The gift came from the real
estate company, the employer of his client, and not from
the adverse party. The property was owned by the real
SA: A, Yes, the estate company, not his client; the preperty was not the
contract for contingent fee is valid.
contingent fee of 50 percent agreed upon by Atty
The subject matter of the litigation; and it was given because
and GE may or may not be unconscionable becau
CJ his client was the number one salesman of the real
the Supreme Court allows a higher percentage
se estate company. His acceptance was ethical and legal.
of contingent fee depending on the risk that However, he must inform his client about the gift. “A
the lawyer shall not, without the full knowledge and consent
lawyer will not get anythi ything and th of the client, accept any fee, reward, costs, commission,
the legal matter involved. e difficulty of
interests, rebate of forwarding allowance or other
SA: B. No, Atty. CJ did not violate the Code of Profession
al compensation whatsoever related to his professional
Responsibility. The contingent fee agreement
the employment from anyone other than the client.” (Rule
entered into is valid, legal and ethical.
The Code 20.08, Canon 20, Code of Professional Responsibility)
allows a lawyer to enter into a contingent
fee
agreement and the Supreme Court allows a higher 74. Q: Can a lawyer refuse not to divulge the name or identity
percentage of contingent fee depending on of his client? (2009 Bar Question)
the
risk that the lawyer will not get anything
and the SA: The general rule is that a lawyer cannot refuse to
difficulty of the legal matter involved.
Also, their divulge the name or identity of his client. The name or
agreement did not violate Article 1491 of the
New identity of his client is not confidential, however, there
Civil Code because the property that was given
to are exceptions, to wit:
Atty. CJ was not involved in the litigation
(Da
v. Abecia, 298 SCRA 239) “— (a) there is a strong possibility that when the name
of the client is revealed, the client would be
73. A real estate company, elated over the decision incriminated on the very matter he sought the
in a case
regarding a dispute over a personal matte advice of the lawyer;
r between its
top sales representative and his neighbor,
gifted Atty.
who represented its sales representative in the
O (b) the disclosure of the name would expose the client
litigation, to civil liability; and
 132 14-22) 133
ETHICALLY YOURS LAWYER AND THE CLIENT (CANONS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

ing. The
(c) when the name of the client “would obvious! (2) Clearly, Beatriz engaged in forum shopp
s on the
provide the necessary link for the prosecution to subject matter, causes of action and issue
and the
build its case, where none otherwise exists. It is the collection suit brought by Atty. Wilmar
the same.
link, in the words of Baird, that would inevitabl administrative case brought by her are
a decis ion in
form the chain of testimony necessary to convict the Forum shopping exist when because of
with the
268 SCRA
(cent) 132) crime.”
of a... e.” (Regala
(R v. Sandigan
j bayan, one forum, a party goes to another forum
causes of action, subject matter and issues,
same
a favorable
75. not by appeal or certiorari, praying for
wan the satisfaction of a judgment debt, by itself, bar decision.
° tinguish the attorney’s liens, when there has been
vendee for the
waiver by the lawyer, as shown by his conduct or hi 77. The vendor filed a case against the
passive omission? (2009 Bar Question) annulment of the sale of a piece of land.
*
judgment
SA: a une Satisfaction of the judgment extinguishes the a) Assume the vendee obtained a summary
couns el for the |
by hie nen ere isa waiver by the lawyer, as shown against the vendor. Would the
enfor ce a char ging
oy on uct or his passive omission. A lawyer is not defendant vendee entitled to
owed to collect from his client and then collect
again lien? Explain.
from the judgment d. ebtor. (Sesbrefio~ v. Court of Appeals, vendee’s
551 SCRA 524)
b) Assume, through the excellent work of the
wise use
counsel at the pre-trial conference and his
elled to
76. tty. wilmar represented Beatriz in a partition case of modes of discovery, the vendor was comp
In its order
aot e | ons and won. When Wilmar demanded pay- move for the dismissal of the complaint.
gran ted the motio n. Woul d your
wen Beat orney 8 fees, Beatriz refused to pay. Wilmar the court simply
as in quest ion (a)? Expla in.
favegn mia or the unpaid attorney’s fees and obtained answer be the same
mminien ta ju gment. Thereafter, Beatriz filed an ad- (2008 Bar Question )
edn ve complaint against Wilmar claiming that he ee cannot
SA: a) No, the counsel for the defendant vend
the sors 2 . © Stated in his claim for attorney’s fees that ary judgment
enforce a charging lien. The summ
tet t Hee ° the partition case involved the entire es- his comp laint
was against the vendor, meaning
thecent wat eceased when, and the case is
in fact, it covered only 50% against the vendee was dismissed,
. vomplen nna set up the defenses that (1) Beatriz filed judg ment for
silent on whether there is a money
ode only to delay the execution of the judgment for money
the vendee. In the absence of a judgment
aged 8 f er to pay attorney's fees and (2) Beatriz en- ging lien
and execution for such judgment, a char
8: orum shopping. Are the defenses of Atty. Wil- “a charging
cannot be enforced. Consequently,
ar tenable? Explain. (2009 Bar Question) paym ent of
lien, to be enforceable as security for
sine qua non
SA: Yes, the defenses of Atty. Wilmar are tenable because: attorney’s fees, requires as a condition
pursuance
(1) jnere was already a final judgment in favor of a judgment for money and execution in
action by the
of such judgment secured in the main
‘ y. | ilmar. The allegation of Beatriz in the tan Bank
attorney in favor of his client.” (Metropoli
administrative complaint was a matter that should Howe ver, if
v. Court of Appeals, 181 SCRA 367)
yave been raised in the collection suit filed by Atty of the vendee
there is a money judgment in favor
i mar and not in the administrative complaint
then a charging lien can be enforced.
she filed. Clearly, she filed the administrative counsel of
complaint to delay the executi
cut j b) My answer will not be the same. The
ging lien
against her; and ‘on of Judgment vendee in this case is not entitled toa char
 184 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
becausee surely
SU no money y judgme
j nt was
The dismissal of the complaint was due
motion to dismiss filed by the plaintiff.
78. Q: When is recovery of attorney’sy's 'fees based on
quantum
meruit. allowed? (2007 Bar Question)
SA: The recovery of attorney’y’s fees based on quant
is allowed under the following: " um meres
(1) there is no express contract for payment of
attorney’s fees agreed u pon between t 80.
and the client; m the lawyer
(2) when although there is a formal contract for
attorney's fees, the fees stipulated are found
unconscionable or unreasonable by the court; and
(3) when the contract for attorney’s fees is void due to
purely formal defects of execution;
(4) when the counsel, for justifiable cause, was
able to finish the case to its conclusion; or
(5) when lawyer and client disregards the contract for
attorney’s fees.” (Rilloraza v. Eastern Telecommu-
nications Phils., 308 SCRA
566)
79. The contract of attorney’s fees entered into by Att
Quintos and his client, Susan, stipulates
judgment is rendered in her favor, he gets 60% of the
property recovered as contingent fee. In turn, he will
assume payment of all expenses of the litigation.
1.
Is the agreement valid?
2. May Atty. Quintos and Susan increase the amount
of the contingent fee to 80%? (2006 Bar Question)
SA: No, the agreement is not valid because what the
entered into was not a contingent fee agreement but a
champertous contract which is invalid and unethical
for a lawyer to enter into. A champertous contract is an
agreement where a lawyer agrees to conduct the litiga-
tion on his own account and to pay the expenses thereof,
and to receive as his fee a portion of the proceeds of the
judgment. It is contrary to public policy and invalid as
it violates the fiduciary relationship between the lawyer
and his client. (Bautista v. Gonzales, 182 SCRA 151 .
14-22) 135
LAWYER AND THE CLIENT (CANONS
awarded. SA: Atty. Quintos and Susan can increase the amount to
to the 80% but the agreement will still be invalid because it
is a champertous agreement. Assuming that the said
agreement is not champertous but a contingent fee
agreement, it would still be invalid because 80% is
unconscionable. It shows that Atty. Quintos has taken
} undue advantage of Susan which is contrary to the
norms of the legal profession. The practice of law is a
noble profession and not a trade.
Atty. A’s services as a lawyer were engaged by B to
recover from C certain construction materials and
equipment. Because B did not have the means of defray
the expenses of litigation he proposed to Atty. A that he
(A) shoulders all expenses of the litigation and he (B)
would pay him (A) a portion of the construction materials
and equipment to be recovered as compensation for his
professional services.
not
May Atty. A correctly agree to such arrangement?
(1999 Bar Question)
SA: No, Atty. A may not and should not agree to such an
arrangement. It is unethical for him to agree to such
arrangement because the same constitutes a cham-
that if a
pertous agreement. A champertous contract is an
agreement where a lawyer agrees to conduct the litigation
on his own account and to pay the expenses thereof,
and to receive as his fee a portion of the proceeds of the
judgment. It is contrary to public policy and invalid as
it violates the fiduciary relationship between the lawyer
and his client (Bautista v. Gonzales, 182 SCRA 151)
because in effect, he is investing in the case with the
expectation of making a profit. It is unethical because
the practice of law is a profession and not a business
venture.
81. Give 4 instances when a client may validly refuse to pay
his lawyer the full amount of attorney’s fees stipulated
in their written contract. (2006 Bar Question)
SA: A client may validly refuse to pay his lawyer the full
amount of attorney’s fees stipulated in their written
contract in any of the following instances:
 136 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
a. When the lawyer did not perform his legal duties or
was negligent in the performance thereof (Dais v.
Garduno, 89 Phils. 161);
b. When
the lawyer was terminated for just cause
(Cristobal v. Ocson, 44 Phils. 489); |
Cc. When the lawyer is guilty of fraud in the matter of
12is SCRA
employm
1)ent with
\ his client ¢ (Medi na v. . Bauti
Bautista,
d.
When the lawyer represented conflicting interest
without the consent of his client; or
e. When the stipulated attorney’s fees are unconscio-
nable. (Cruz v. CIR, 8 SCRA 826)
82. Q: May a lawyer be proscribed from testifying as a witness
In a case he is handling for a client regarding the theory
of the case? (2005 Bar Question)
SA: Yes, a lawyer may be proscribed from testifying as a
witness in a case he is handling for a client regarding
the theory of the case because the function of a witness
is different from that of a lawyer who is an advocate of
his client. “The function of a witness is to tell the facts
as he recalls them in answer to questions. The function
of an advocate is that of a partisan. It is difficult to
distinguish between the zeal of an advocate and the
fairness and impartiality of a disinterested witness. The
lawyer will find it hard to disassociate his relation to his
client as an attorney and his relation
to the party as a
witness.” (Agpalo, Legal and Judicial Ethics, 2009 Ed
b. 175, citing Jacobs v. Weissinger, 211 Mich. 47)
° cidental. It is a form of public service and lawyers should
83. Q: Asa rule, why should an attorney not testify as a witness
for his client? (2001 Bar Question)
SA: As a rule, an attorney should not testify as a witness for
his client because the function of a witness is different
from that of a lawyer who is an advocate of his client
The function of a witness is to tell the facts as he recalls
them in answer to questions. The function of an advocate
is that of a partisan. It is difficult to distinguish between
the zeal of an advocate and the fairness and impartiality
of a disinterested witness. The lawyer will find it hard to
LAWYER AND THE CLIENT (CANONS 14-22) 137
disassociate his relation to his client as an attorney and
his relation to the party as a witness.” (Agpalo, Legal
and Judicial Ethics, 2009 Ed., p. 175, citing Jacobs v.
Weissinger, 211 Mich. 47)
84. Q: In securing a bond for a writ of preliminary injunction
issued in favor of his client, Attorney X was given
P10,000.00 by the surety company as commission for
the premium on the bond. Is the acceptance of the
P10,000.00 by Attorney X proper? Explain your answer.
(2003 Bar Question) © -
SA: No, the acceptance of P10,000.00 by Attorney X from the
insurance company is not proper. It runs counter to the
ethical norms of the legal profession because the amount
given to him has relation to the professional employment
of his client and was made without the knowledge and
consent of his client. “A lawyer shall not, without the
full knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or forwarding
allowance or other compensation whatsoever related to
his professional employment from anyone other than
the client.” (Rule 20.08, Canon 20, Code of Professional
Responsibility)
85. Q: Discuss the propriety of a lawyer filing a suit against his
client concerning his fees. (1998 Bar Question)
SA: It is improper for a lawyer to file a suit against his client
concerning his fees. The practice of law is not a trade but
a noble profession essential in the administration of jus-
tice, where monetary rewards are considered merely in-
not create the impression that they are mercenaries.
(Perez v. Scottish Union and National Insurance Co., 76
Phil. 325) “A lawyer shall avoid controversies with his
clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or
fraud.” (Rule 20.04, Canon 20, Code of Professional Re-
sponsibility)
86. Q: The client with whom you have a retainer agreement
had not been paying you contrary to your stipulation on
legal fees, even as you continue to appear at hearings in
 138
ETHICALLY YOURS LAWYER AND THE CLIENT (CANONS 14-22) 139
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

ns case. A judgment was finally rendered in your client’ SA: The action of Atty. Nicasio is improper and unethical.
s
avor awarding him the real property in litigat He did not have the right to deduct and appropriate
ion as
well as a substantial amount in damages. for himself the amount of P10,000.00 because the said
As the counsel who had not been paid, what steps amount belongs to his client. It was awarded by the
Questi
can youon) take to protect your interests? ? (1994 court to his client to recover from the other party the
(1 Bar
expenses of his client for engaging his services. (Tan Ti
v. Alvear, 26 Phils. 566)
SA: To protect my interest, I have to cause a chargi
ng lien
for my legal fees on the money judgment rendered
in Mindful that the law is a profession and not a trade or
favor of my client and have it entered in the record business, what are the factors must you, as a lawyer,
s of
the court. Thereafter, I shall have the same right
and consider in charging reasonable compensation for your
power over such judgments and executions as my services? (1994 Bar Question)
client
would have. (Sec. 37, Rule 138, Revised Rules of Court)
The factors I must consider for charging reasonable
87, Deciding a case for malicious prosecution, Judge compensation for my legal services are as follows:
Sales
awarded attorney’s fees and expenses of litigation, “a) The time spent and the extent of the services
in
addition to exemplary damages, to the plaintiff. rendered or required;
As counsel for the plaintiff, are you entitled to b) The novelty and difficulty of the questions involved;
receive the attorney’s fees thus awarded in addition
to c) The importance of the subject;
your stipulated legal fees? (1994 Bar Question)
SA: d) The skill demanded;
No, I am not anymore entitled to receive the
attorney’s
fees awarded to my client by the court becaus e) The probability of losing other employment as a
e we
have already agreed on my legal fees. The attorn
ey’s result of acceptance of the preferred case;
fees and damages awarded to him in the decision
is for f) The customary charges for similar services and
beeaaxpenses, inconvenience, or damages he sustained
208 useNonof Chelthe Cone) the schedule of fees of the IBP chapter to which he
litigation and d itj belongs to him.
i (Art. belongs;
g) The amount involved in the controversy and the
88. Atty. Nicasio handled a case for Lydia Domon
don where- benefits resulting to the client from the services;
m judgment was rendered in the latter’s favor
in the h) The contingency or certainty of compensation;
amount of P110,000.00. Upon finality of the judgment
the judgment debtor paid the full amount of P110,000 i) The character of the employment, whether
00
to Atty. Nicasio. However, Atty. Nicasio turned occasional or established; and
over
only P80,000.00 to Lydia Domondon, explaining
that he
had already deducted the amount of P20,000.00 for j) The professional standing of the lawyer.” (Rule
his 20.1, Canon 20, Code of Professional Responsibility)
professional services in accordance with their
written
agreement, and the amount of P10,000.00 award
ed by
the court by way of attorney’s fees from the total 90. In need of legal services, Niko secured an appointment
sum of to meet with Atty. Henry of Henry & Meyer Law Offices.
P110,000.00 received by him from the judgment debtor
. During the meeting, Niko divulged highly private
_ Comm
¢ ent on the propri
prietary of the action
i of A information to Atty. Henry, believing that the lawyer
Nicasio. (1992 Bar Question) would keep the confidentiality of the information.
my
140 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
Subsequently, Niko was shocked when he learned that
Atty. Henry had shared the confidential information
with his law partner, Atty. Meyer, and their common
friend, private practitioner Atty. Canonigo.
When
confronted, Atty. Henry replied that Niko never signed
any confidentiality agreement, and that he shared the
information with the two lawyers to secure affirm
ance
of his legal opinion on Niko’s problem. Did Atty. Henry
violate any rule of ethics? Explain fully. (2008 Bar
Question)
SA: Yes, Atty. Henry violated the Code of Professional
Responsibility (CPR). It was unethical for him to share
to Atty. Canonigo the confidential information divulged
to him by his client Niko because Atty. Canonigo is not
a member of his law firm nor his collaborating counsel
in the legal concern of Niko. Their friendship is not an
excuse for Henry to consult Atty. Canonigo without the
consent of Niko. “A lawyer shall preserve the confidences
and secrets of his client even after the attorney-client
relation is terminated.” (Canon 21, CPR)
With respect to his partner Meyer to whom he
shared the confidential information, he did not
violate
the CPR because the same is allowed unless expressly
prohibited by the client which was not done by Niko
in this case. “A lawyer may disclose the affairs
of a
client of the firm to partners or associates thereo
f to advise him to abandon his plan to kill the lone
unless prohibited by the client.” (Rule 21.04, Canon 21,
CPR) The employment of a lawyer of law firm includes
employing that of its members.
Six months ago, Atty. Z was consulted by A about a four-
door apartment in Manila left by her deceased parents
. Canon 15, Code of Professional Responsibility) On
A complained that her two siblings, B and C, who were
occupying two units of the apartment, were collecting
the rentals from the other two units and refusing to give
her any part thereof. Atty. Z advised A to first seek the
intervention of her relatives and told her that, if this
failed, he would take legal action as A asked him to
do.
Today, September 22, 2002, B asks Atty. Z to defend him
in a suit brought by A against him (B) and C through
another counsel.
LAWYER AND THE CLIENT (CANONS 14-22) 141
Should Atty. Z tell B that A consulted him earlier
about the same case? Why? (2002 Bar Question)
SA: Yes, Atty. A should inform B that he was earlier
consulted by A on the same case. The general rule is
that a lawyer should not reveal that he was consulted by
a client on a particular case but in this case Atty. A has
to inform B to avoid the possible of conflict of interest.
“A lawyer shall not reveal that he has been consulre
about a particular case except to avoid possible con ict
of interest.” (Rule 21,07, Canon 21, Code of Professiona
Responsibility)
92. A mayor charged with Homicide engaged your Services
as his lawyer. Since there is only one witness to the
incident, the mayor disclosed to you his plan to kill the
lone witness through a contrived vehicular accident.
1. What are your moral and legal obligations to the
mayor, and to the authorities?
2. Should the killing push through and you are
certain that the mayor is the one responsible, are
you under obligation to disclose to the authorities
what was confided to you? Is this not a privileged
communication between client and attorney? (1998
Bar Question)
SA: 1. It is my moral and legal obligation to the mayor
witness. As his lawyer, one of my obligations is
to prevent him from committing another criminal
offense, especially one related to the case. It is also
my duty to impress upon him compliance with the
law and the principles of fairness. (Rule 15.07,
the other hand, it is my moral and legal obligation
to inform the authorities of his plan to kill the lone
witness. As an officer of the court, it is my duty to
prevent the commission of a crime. The information
is not covered by privileged communication because
it pertains to a crime about to be committed.
2. Yes, itis my duty to inform the authorities what my
client confided to me in relation to the crime he was
about to commit, which happened. Although I owe
 142 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
candor, fairness and loyalty to my client, I cannot
use that to conceal the commission of a crime or
a wrongdoing which I was informed before it was
committed. My duty to the court is paramount
than my duty to my client. I took an oath not to
do any falsehood nor consent to the doing of any
in court. The information relayed to me by the
mayor is not covered by privileged communication
because it was about a crime to be committed
Privileged communication applies only to crimes
or information already committed before it was
communicated to the lawyer.
93. Cite at least five (5) valid reasons under any of which
a lawyer may be allowed to withdraw from a case even
without her client’s consent. (1997 Bar Question)
SA: The following are valid reasons for a lawyer to withdraw
from a case even without the consent of his client:
a) When the client pursues al illegal or immoral
course of conduct in connection with the matters
he (the lawyer) is handling;
b) When the chent insists that the lawyer
conduct violative of these canons and rules;
ce) When his inability to work with co-counsel will not
promote the best interest of the client;
d) When the mental or
physical condition
lawyer renders it difficult for him to carry out the
employment effectively;
e) When the client deliberately fails to pay the fees
for the services of fails to co mply ; :
PIY with th e retainer
agreement;
i .
f) When the lawyer is elected o ra ppointed to a public
office; and
g) Other similar case.” (Rule 22.01, Canon 22, Code of
Professional Responsibility)
94, Tn the course of a judicial proceeding, a conflict of
opinions as to a particular legal course of action to be
taken arose between AB and CD, two (2) lawyers hired
by Mr. XX, a party-litigant, to act jointly as his counsel.
14-22) 143
LAWYER AND THE CLIENT (CANONS
How should such problem be resolved, and whose
opinion should prevail? What can AB, the lawyer whose
opinion was not followed, do when she honestly believes
that the opinion of CD, the other counsel, is not as legally
and factually well-grounded as her opinion is? Explain
briefly. (2004 Bar Question)
SA: AB and CD should let Mr. XX know about their conflict
of opinions and let Mr. XX decide on whose opinion
should be followed. The opinion chosen by Mr. XX should
prevail.
AB, whose opinion was not followed, should respect
the decision of Mr. XX and cooperate with CD, her co-
counsel. However, ifshe strongly believes that the opinion
of CD is not legally and factually well-grounded and that
she cannot continue to work with CD to promote the best
interest of Mr. XX, she can withdraw/terminate her legal
services with Mr. XX. (Rule 22.01 (c), Canon 22, Code
of Professional Responsibility) “When lawyers jointly
associated in a cause cannot agree as to any matter vital
to the interest of the client, the conflict of opinion should
be frankly stated to him for his final determination. His
pursue decision should be accepted unless the nature of the
difference makes it impracticable for the lawyer whose
judgment has been overruled to cooperate effectively. In
his event, it is his duty to ask the client to relieve him.”
(Canon 7, Canons of Professional Ethics)
of the
95. Q: Atty. A objects to the collaboration of Atty. B as proposed
by Client C in a pending case. How would A, B, and C
handle the situation? (2001 Bar Question)
SA: a) The objection of Atty. A to collaborate with Atty. B,
is a manifestation that he cannot work with him as
such Atty. A can offer to withdraw his legal services
from C, his client. He can offer to withdraw because
his inability to work with Atty. B will not promote
the best interest of his client, C. (Rule 22.01 (c),
CPR) His offer to withdraw will put his client C in
a better position to protect his (C) interest.
b) Atty. B should not accept the case without the
concurrence of Atty. A as he might encroach in
the professional employment of Atty. A which is
 144 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
contrary to the Canons of Professional Ethics (CPE)
A lawyer should decline association as colleague if
it is objectionable to the original counsel, but if the
lawyer first retained is relieved, another may come
into the case.” (Canon 7, CPE) Hence, in the case at
bar, Atty. , B can acce pt the case only y whe
wh n Atty. A
is«ne relieved by C.
c) Because of the objection of Atty. A to the proposed
collaboration of Atty. B, client C must
between the two. If he chooses Atty. B, C must
terminate the services of Atty. A so that Atty. Acan
withdraw from the case and Atty. B can formally
enter his appearance.
96. On the eve of the initial hearing for the reception of
evidence for the defense, the defendant and his
counsel
had a conference where the client directed the
lawyer to
present as principal defense witnesses two (2)
persons
whose testimonies were personally known to the lawyer
to have been perjured. The lawyer informed his client
that he refused to go along with the unwarrante
d course
oF etion proposed by the defendant. But the client
aureod
isted attorn
on aye
hee ve , or else he would not pay the
his directi
When the case was called for hearing the next
morning, the lawyer forthwith moved in open
court
that he be relieved as counsel for the defendant.
Both
the defendant and the plaintiff : the
motion. P s counsel objected to
A.
Under the given facts, is the defense lawyer legally
justified in seeking withdrawal from the case? Why
or why not? Reason briefly.
B. Was the motion for relief as counsel made
defense lawyer in full accord with the procedural
requirements for a lawyer’s withdrawal from
a SA:
court case? Explain briefly. (2004 Bar Question)
SA: A. Yes, the lawyer is legally justified to withdraw from
the case. A lawyer as an officer of the court should
not allow fraudulent or perjured testimony to
be
offered as evidence. Furthermore, he took an oath
145
LAWYER AND THE CLIENT (CANONS 14-22)
not to do any falsehood nor consent to the doing of
any in court. His duty to the court is paramount
than that of his duty to his client. He should
impress upon his client compliance with the law
and the principles of fairness. (Rule 15.07, Canon
15, Code of Professional Responsibility [CPR]) He
should not allow his client to dictate upon him on
how to handle the case. A lawyer may withdraw
choose
his services when the client: a) “pursues an illegal
or immoral course of conduct in connection with
the matter he is handling”; or b) “insists that the
lawyer pursue conduct violative of these canons
and rules.” (Rule 22.01, Canon 22, CPR) In the
case at bar, if the lawyer agrees with his client to
present perjured testimony, he will violate his duty
to the court and expose himself to administrative,
criminal, and civil liability.
B. No, the withdrawal of the lawyer in open court
SA:
in the case at bar was not in full accord with the
procedural requirements even if he has a valid
ground to withdraw from the case. A lawyer cannot
just withdraw from the case and leave his client
without counsel to defend him (client), especially in
a criminal case. He should file a notice or petition to
withdraw as counsel copy furnished his client and
the adverse party before the trial date to give his
client time engage the services of another counsel.
Atty. X filed a notice of withdrawal of appearance as
97.
counsel for the accused Y after the prosecution rested
its case. The reason for the withdrawal of Atty. X was
the failure of accused Y to affix his conformity to the
demand of Atty. X for increase in attorney’s fees. Is the
by the ground for withdrawal justified? Explain. (2000 Bar
Questions)
No, the ground for the withdrawal of Atty. X is not
justified. A lawyer does not have an absolute right to
withdraw as counsel of his client in a case. He is not
at liberty to withdraw without a sufficient cause.
The ground of Atty. X, refusal of his client to agree
with his demand to increase his fees, is not one of the
 146 ETHICALLY YOURS LAWYER AND THE CLIENT (CANONS 14-22) 147
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

punt
valid grounds provided for by the Code of Pro rofessional
i
Responsibility (CPR). Refusal to agree for an increase is
different om “deliberately fails to pay the fees for his
services or fails to comply with the retainer » another in his place xxx.” (Sec. 26, Rule 138, Revised
(Rule 22.01 (e), Canon 22, CPR) agrecmens
2)
98. State the rule on (a) the right of the client to dismiss his
lawyer and (b) the prerogati
gative of a lawyer to withdi
as counsel, (1998 Bar Question)
“ withdraw or terminate his relation with his client if
SA: (a) The right of a client to dismiss his lawyer at any
time, with or without cause, is absolute. The
relation of a client to his lawyer is based on trust
and confidence. It is highly fiduciary in nature and
strictly personal. The client can dismiss his lawyer
once he loses confidence in him. “A client may at
any time dismiss his attorney or substitute another
in his place xxx.” (Sec. 26, Rule 138, Revised Rules
of Court)
(b) However, the prerogative of a lawyer to withdraw
as counsel is restricted. He can only withdraw
or terminate his relation with his client if there
is a valid or sufficient ground as provided for in
100. Q:
the Code of Professional Responsibility (CPR)
enumerated in Rule 22.01, Canon 22 thereof, or if
no ground not exists, only upon the written consent
of his client and with leave of court. As an officer of
the court, it is his duty to assist in the speedy and
efficient administration of justice (Canon 12. CPR)
and as a lawyer, he must observe candor, fairness
and loyalty in all his dealings and transactions
with his client (Canon 15, CPR) thus, he cannot just
withdraw from a case and leave his client without
counsel to legally protect him (client).
99. 1) May aclient dismiss his lawyer at any time?
2) May a lawyer withdraw as co unsel at any time?
i from the case.
(1994 Bar Question) yeame
SA: 1) Yes, a client has the absolute right to dismiss his
lawyer at any time, with or without cause. The
relation of a client to his lawyer is based on trust
and confidence which is highly fiduciary in nature
and strictly personal. The client can dismiss his
lawyer once he loses his confidence in him. “A client
may at any time dismiss his attorney or substitute
Rules of Court)
No, a lawyer cannot withdraw as counsel at any
time. His right to withdraw as counsel or terminate
his relation with his client is limited. He can only
there is a valid or sufficient ground as provided for
in the Code of Professional Responsibility (CPR),
enumerated in Rule 22.01, Canon 22 thereof, or if
no ground exists, only upon the written consent of
his client and with leave of court. As an officer of
the court, it is his duty to assist in the speedy and
efficient administration of justice (Canon 12, CPR)
and as a lawyer, he must observe candor, fairness
and loyalty in all his dealings and transactions
with his client (Canon 15, CPR) thus, he cannot just
withdraw from a case and leave his client without
counsel to legally protect him (client).
to file
Winnie retained the services of Atty. Derecho
Atty.
a collection case against Carmen. Winnie paid
latter
Derecho a sizeable retainer’s fee which the
the
accepted. Later, in the process of determining
Atty.
amount of debt to be collected from Carmen,
noticed that of the total claim of 8.5 Million,
Derecho
certain invoices covering 3.5 Million appeared to be
irregular. Winnie while admitting the irregularity
assures her lawyer that there would be no problem as
Carmen was by nature negligent in keeping her records
and would not notice the mistake anyway. Atty. Derecho
tried to convince Winnie to exclude the amount of 3.5
Million but Winnie refused. As a consequence, Atty.
and withdrew
Derecho terminated their relationship
Was Atty. Derecho right in terminating their
relationship and withdrawing from the case? How
about the fact that he had already accepted a sizeable
retainer’s fee from his client? Discuss fully. (1995 Bar
Question)
148 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

SA: Yes, Atty. Derecho was right in terminating

their
relationship and withdrawing from the case. It was
the
ethical thing to do because his client Winnie is pursuing JUDICIAL ETHICS
an illegal or immoral course of conduct and using
him
as an instrument to do so. Although a lawyer must “An| honorable, competent and independe
i n t jjudiciary exists to
“observe candor, fairness and loyalty in all his dealin
gs administer justice and thus, promote the unity of the country, the
and transactions with his client” (Canon 15, Code of stability of government and the well-being of the people
Professional Responsibility [CPR]) such duty is
not
without limitation as it must be performed within (Preamble, Code of Judicial Conduct).
the
bounds of the law. (Canon 19, CPR) The conduct of
his NEW CODE OF JUDICIAL CONDUCT OUTLINE
client is a valid ground to withdraw his services. A
lawyer
may withdraw his services “when the client pursues CANON1. : INDEPENDENCE
an
*. illegal or immoral course of conduct in connection
with “Judicial independence is a pre-requisite to the rule
the matter he is handling” or “when the client insists
that the lawyer pursue conduct violative of these canons of law and a fundamental guarantee of fair trial.
and rules.” (Rule 22.01, Canon 22, CPR) judge shall therefore uphold and exemplify Judieiat
independence in both it individual and institutiona
Regarding the sizeable retainer’s fee paid to Atty. aspects.”
Derecho, he may retain the same because his withdrawal
from the case CANON2 : INTEGRITY
is justified. A lawyer should not allow
himself to be used by his client as an instrument
to “ Integrity
ity i
isi essential not on ly to the proper
pursue the illegal or immoral act of his client. discharge of the judicial office but also to the personal
demeanor of judges.”
CANON 3 : IMPARTIALITY
chi
i to the proper discharge
lity isi essential
“Impartiaiality of
judicial office. It applies not only to the decision but
also to the process by which the decision is made.
CANON 4 : PROPRIETY
i y and the appearance 0 f propriety
“Propriet priet are
essential to the performan ce of all the activities of a
judge.”
CANON 5 : EQUALITY
“Ensuring equality of treatment to all before the
courts is essential to the due performance of judicial
office.”
CANON6 : COMPETENCE AND DILIGENCE
“Competence and diligence are pre-requisites to the
due performance of judicial office.

149
 150 ETHICALLY YOURS 151
JUDICIAL ETHICS
(YOUR LEGAL AND JUDICIAL ETHI
CS REVIEWER)

1. Q: Define Judicial Ethics. Code of Judicial Conduct) while lawyers, as officers a

the court to whom they owe candor, fairness and go
SA: It is a branch of moral science which treats of the faith (Canon 10, Code of Professional Responsibility
right and proper conduct to be observed
and magistrates in trying and deci
by all judg
es CPR]), are requiredi to mainintain and observe respect
ding controversies tae te courts and judicial officers. (Canon I ‘ , we
brought to them for adjudication whic
h conduct must The administration of justice is a joint responsi k ory o
be demonstrative of impartiality, integ
rity, competence, the judge
j and the lawyer . The judge expects a awyer
independence and freedom from
improprieties, (Pineda,
Judicial Ethics, 2009 Ed., p. 1) to properly perform hisis ro role in the same manner en
lawyer expects a judge
j to do his par t. (Lugue v. Kayanan,
2. Q: What qualities should an ideal judg 29 SCRA 165; Romero v. Valle, 147 SCRA 197)
e possess under
the New Code of Judicial Conduct
for the Philippine After a study of the records and deciding pat plaintit
Judiciary?
was entitled to a favorable judgment. Judge eves
SA: Under the New Code of Judicial
Conduct for the requested Atty. Sta. Ana, counsel oe les P ves pt
Philippine Judiciary the qualities decision. eyes ne
an ideal judge prepare the draft of the
should possess are as follows: a) Inde the draft prepared by Sta. Ana and a pt
pendence (Canon i
1); b) Integrity (Canon 2); c) Impa decision for plaintiff. Judge Reyes aera
rtiality (Canon 8); it ere
d) Propriety (Canon 4); e) Equality this procedure as he would as ° 0
(Canon 5); and f) unethical in
Competence and Diligence. (Canon if it were the prevailin g party.
6) party to do the same
3. Q: Is a companion or employee of the Please comment on whether Judge Reyes’ approach
judge who lives in
the judge’s household included in to decision — writing is ethical and proper. (1994 Bar
the definition of the
“Judge’s family”? (2009 Bar Question) Question)
SA: Yes, as defined in the New Code
of Judicial Conduct for SA: The approach of Judge Reyes in writing his decision
the Philippine Judiciary, “judge’s fami
ly” — “includes in the case at bar is unethical and improper. It 's t Hs
a judge’s spouse, son, daughter, son-
in-law, daughter- bounden duty to personally study the case, evalua ete
in-la w, and any other relative by consanguinit
y or
evidence presented and directly prepare his ecisions.
affinity within the sixth civil degree, He should not delegate the decision writing to ano -
or person who is a
companion or employee of the judge person who migh
ight have a different Deen
appreciati on —
in
and who lives in the
judge’s household.” the facts of the case. It is therefor
th e unethica
to delegate the decision writing of the case to aay in
4. Q: The Code of Professional Responsibili y
ty is to lawyers, as person especia i llya lawyer who isSi
represen ting paper
a
the Code of Judicial Conduct is to mem ng the merits
bers of the bench. “All judgments determin1
the case. “Allj
How would you characterize the shall be in writing personally and directly prepared Py
relationship
between the judge and a lawyer? the judge, stating clearly and distinctly the facts ae ead
Explain. (1996 Bar
Question) law on which it is based xxx.” (Sec. 1, Rule 36, he
SA: Rules of Court)
The relationship between the Judg
e and a lawyer is a
professi onal one where both should
treat each other Talbog, a small town, has only two practicing Beyer
with mutual respect and courtesy
as provided for by Jose, a good friend
i of Judge M, M, requeste e en
their respective codes of conduct. lot, because M
Judges should be ri e a deed of sale for hisis farm
notariz
patient, attentive and courteou
s to lawyers (Rule 3. 04, lawyers of their town charged exorbit ant fees. Judge
152 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
notarized the documents and charged P10.00 as fee. The
two lawyers complained to the Supreme Court.
a) Will their complaint prosper? Explain.
b) Can Judge M charge a fee? (1996 Bar Question)
SA: a) Yes, their complaint will prosper. Judge M
violated Supreme Court (SC) Circular 1-90
because there were notaries public available in the
municipality and what Judge M notarized was a
deed of sale which he should not notarize under
the SC Circular. Municipal Trial Court (MTC) and
Municipal Circuit Trial Court (MCTC) judges may
act as notaries public ex officio but can only notarize
documents connected in the exercise of their official
functions and duties. “They may not, as notaries
public ex officio, undertake the preparation and
acknowledgment of private documents, contracts
and other acts of conveyances which bear no direct
relation to the performance of their functions as
judges.” (SC Circular No. 1-90)
However, in municipalities where there are
no lawyers or notaries public, the MTC or MCTC
judges assigned therein may act as notaries
public ex officio and “perform any act within the
competency of a regular notary public, provided
that: (1) all notarial fees charged shall be for the
account of the government and turned over to the
municipal treasurer; and (2) certification be made |
in the notarized documents attesting to the lack of
any lawyer or notary public in such municipality or
circuit.” (SC Circular No. 1-90)
b). Yes, under Supreme Court Circular No. 1-90, when
a judge notarizes a document, he can charge a fee
but such fee belongs to the government and said fee
must be turned over to the municipal treasurer.
Judge P decided an annulment of title suit in favor of
A. After the decision had become final and executory, A
sold the property to a realty firm. Judge P, a good friend
of the owner of the realty firm, purchased two lots in the
property at a substantial discount.
JUDICIAL ETHICS 153
a) Did Judge P violate any provision of the Civil Code
with respect to the purchase of a litigated property?
b) Did Judge P go against any provision of the Canons
of Judicial Ethics? (1996 Bar Question)
SA: a) No, Judge P did not violate any provision in the
New Civil Code. He did not buy the property from
A, a party to the case, but from a realty firm, not
a party to the case, after A sold the said property
to the latter. Furthermore, he bought the property
when his judgment was already final and executory
and the property is no longer subject of litigation
in his court. (Macariola v. Asuncion, 114 SCRA 77)
There is therefore no violation of Article 1491 of the
New Civil Code.
b) . Yes, Judge P violated Canon 3 of the Canons of
Judicial Ethics. It was not wise and not proper for
him to buy the said property at a substantial discount
because it creates mistrust on how he arrived at
his decision and gives a negative impression on the
uprightness of the administration of justice. Canon
3 requires that the official conduct of a judge be
“free from the appearance of impropriety, and his
personal behavior, not only upon the bench and in
the performance of judicial duties, but also in his
everyday life, should be beyond reproach.”
Judge Difio was transferred to the Regional Trial
Court of Pasig after serving as Judge of the Regional
Trial Court in Sorsogon. Delighted with her transfer,
she immediately assumed her new post. However, she
brought with her the records of five cases which were
completely heard by her in her former assignment and
already submitted for decision. Thereupon, she prepared
the decision in said five cases, by registered mail to
her former Clerk of Court. One of the losing parties
questioned the authority of Judge Difio in deciding the
cases after her transfer to Pasig.
Are the decisions rendered by Judge Difio in the
five cases valid? Why? (1992 Bar Question)
SA: The decisions in the five cases rendered by Judge Dino
are valid because she heard the cases herself and said
154 JUDICIAL ETHICS 155
ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

s
cases were already submitted for decision, in her former 10. Justice C recently retired. The parents of the victim
the case
court, Regional Trial Court in Sorsogon, before she of the OZONE Disco tragedy retained him in
of the
transferred to the Regional Trial Court of Pasig and for damages which they filed against the owners
considering that the two courts are co-equal. (Valentin Disco, Quezon City officials and Quezon City.
v. Sta. Maria, 55 SCRA 40) ts?
Can he appear as counsel for the victims’ paren
RTC Judge Q is a deacon in the Iglesia ni Kristo church Explain. (1996 Bar Question)
parents
in San Francisco del Monte, Quezon City. R, a member SA: No, Justice C cannot appear as counsel for the
disco,
of the same religious sect belonging to the same INK of Ozone Disco victims against the owners of the
Since he
community in San Francisco del Monte filed a case the Quezon City officials and Quezon City.
receiv ing
against S who belongs to the El Shaddai charismatic just recently retired, it means that he is still
he will
group. The case was raffled to Judge Q’s sala. The pension from the government thus, if he appears,
Sectio n 1
» lawyer of S filed a motion to disqualify Judge Q on the be violating Republic Act No. 910, as amended.
the pension
ground that since he and the plaintiff belonged to the of the said Act states that “it is a condition of
judge of a
same religious sect and community in San Francisco del provided for herein that no retiring justice or
the time
Monte, Judge Q would not possess the cold neutrality of court of record or city or municipal judge during
r before
an impartial judge. Judge Q denied the motion on the that he is receiving the said pension shall appea
or
ground that the reason invoked for his disqualification any court in any civil case wherein the government
party
was not among the grounds for disqualification under any subdivision or instrumentality is the adverse
yee
the Rules of Court and the Code of Judicial Conduct. or in any criminal case wherein an officer or emplo
tted in
Was Judge Q’s denial of the motion for inhibition well of the government is accused of an offense commi
appearance
founded? (1997 Bar Question) relation to his office, or collect any fee for his
administrative proceedings to maintain an
SA: The denial of the motion for inhibition by Judge Q is in any
provincial
well founded. The fact that Judge Q and R, the opponent interest adverse to the Government, national,
s.”
of S in the case, belong to the same religious sect does or municipal, or to any of its legally instituted officer
not make Judge Q partial or bias to R. Judges possess appointed MTC Judge in 1998.
11. Judge C was
the qualities of independence, integrity, impartiality Bar Counc il received
Subsequently, the Judicial and
propriety, equality and competence, and diligence, and had been dismi ssed as
information that previously he
every judge is sworn to uphold the decisions of cases a. It appea red that
Assistant City Prosecutor of Manil
in accordance with the law. Whether or not Judge Q t to the Judici ary,
when he applied for appointmen
should inhibit himself depends on his sound discretion. sheet
his answer to the question in the personal data
However, he should exercise it in a way that the faith of dismi ssed or forced to
— “Have you ever been retired,
the public in the courts of justice will not be adversely — “Opti onal under
resign from any employment?” was
affected. Judge Q should not give the impression to ssed
Republic Act No. 1145.” The truth is, he was dismi
the losing party that he was not impartial. (Dimacuha City Prosec utor.
for gross misconduct as Assistant
v. Concepcion, 117 SCRA 680) With respect to the
disqualification, the ground relied by the lawyer of S to May he be dismissed as Judge? (1998 Bar
disqualify Judge Q is not a legal ground in the Revised Question)
Rules of Court or the New Code of Judicial Conduct not
SA: Yes, Judge C may be dismissed as a judge. He does
to disqualify a judge. Thus, if that is the only ground ry. His malici ous
deserve to be a member of the judicia
Judge Q is correct. public
concealment of his previous dismissal from the
dishon esty and that
service is tantamount to an act of
 156 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
renders him unfit to be appointed as judge and to remain
a member of the judiciary. The Judicial and Bar Council
would have considered such information when he
applied for appointment as a judge had he not concealed
the same. (In re: Inquiry on the Appointment of Judge
Enrique A. Cube, 227 SCRA 193; Court Administrator v.
Estacion, 181 SCRA 38)
12. A Judge of the Regional Trial Court, notwithstanding the
fact that he was facing criminal charges at the time he
obtained his appointment, did not disclose the pendency
of the cases either to the President or to the Supreme
. Court. He claims that: (a) he enjoys presumption
innocence in the pending criminal cases; (b) that the said
cases even if sustained after trial do not involve moral
turpitude; and (c) before an administrative complaint
based on a criminal prosecution can be given due course
there must be conviction by final judgment.
May the Judge be considered as an undeserving
appointee and therefore be removed from his office?
(1996 Bar Question)
SA: Yes, the said judge is an undeserving appointee and may
be removed from office. His reasons for not disclosing
the pending criminal cases against him, either to the
President or the Supreme Court, is without merit. His
non-disclosure thereof is concealment and tantamount
to an act of dishonesty which renders him unfit to sit as a
judge. It is important to inform the appointing authority
of his pending criminal charges to enable the said
authority to determine his eligibility for the position he
is applying. Every prospective appointee to the judiciary
has the duty to inform the appointing authority of every
matter which may have a bearing on his fitness for
judicial office, including circumstances reflective of his
integrity and probity. The judge in this case failed to
discharge such duty. His deliberate failure to disclose
such information shows his lack of candor which makes
him unworthy to be a member of the judiciary. (Court
Administrator v. Estacion, 181 SCRA 33)
13. In a hearing before the Court of Tax Appeals, Atty.
G was invited to appear as amicus curiae. One of the
JUDICIAL ETHICS 157
Judges hearing the tax case is the father of Atty. G. The
counsel for the respondent moved for the inhibition of
the judge in view of the father-son relationship.
Is there merit to the motion? Decide. (1996 Bar
Question)
No, the motion has no merit. An amicus curiae is an
impartial attorney, who is an expert or knowledgeable
on certain matters of law, invited by the court to assist
in the disposition of legal issues before it. He is not a
party to the case and therefore, in the case at bar, the
impartiality of the judge, where his son was appointed
of amicus curiae, cannot be questioned. The instances when
a judge is disqualified is when he is related to a party
litigant within the sixth degree or to counsel within the
fourth degree of consanguinity or affinity. ( Sec. 1, Rule
187, Revised Rules of Court; Sec. 5 [f], Canon 3, New
Code of Judicial Conduct) Clearly, such instance is not
present here for the judge to be disqualified.
14. Rebecca’s complaint was raffled to the sala of Judge A,
Rebecca is a daughter of Judge A’s wife by a previous
marriage. This is known to the defendant who does not,
however, file a motion to inhibit the Judge.
Is the Judge justified in not inhibiting himself from
the case? (2010 Bar Question)
SA: No, the Judge is not justified in not inhibiting himself
fromthe case. Itis mandatory for ajudge to inhibithimself
if he is related to any of the parties by consanguinity or
affinity within the sixth civil degree. (Sec. 1, Rule 137,
Revised Rules of Court; Sec. 5 [f], Canon 3, New Code
of Judicial Conduct) In the case at bar, Rebecca is the
stepdaughter of Judge A, being the daughter of his wife
from a previous marriage, hence, related to him by
affinity by just one degree. To a reasonable observer, it
will appear that he will not be able to decide the case
impartially because Rebecca is the daughter of his wife.
15. Judge L is assigned in Turtle Province. His brother ran
for Governor in Rabbit Province. During the election
period this year, Judge L took a leave of absence to help
his brother conceptualize the campaign strategy. He
 158 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHIC JUDICIAL ETHICS 159
S REVIEWER)

even contributed a modest amount to the ca : .

and hosted lunches and dinners.
mpaign k
Paign kitty prejudice to a party in the case. (Section 5, Canon 3, New
Code of Judicial Conduct)
id Did Judge L incur administrative and/o
r crimi
crim
liability? Explain. (2010 Bar Question)
nal 17, Atty. Abigail filed administrative cases before the
SA Yes,
res, JudgJi e L incurred admini strative Supreme Court against Judge Luis. Thereafter, Atty.
1 and imi Abigail filed a Motion for Inhibition praying that Judge
liabilities.
omumnnal Luis inhibit himself from trying, hearing or in any
He is administratively liable manner acting on all cases, civil and criminal, in which
because he
participated in partisan politics whic Atty. Abigail is involved and handling.
h is prohibited
by the Code of Judicial Conduct. “A
Judge is entitled Should Judge Luis inhibit himself as prayed for by
to entertain personal views on political
questions, but Atty. Abigail? Explain fully. (2008 Bar Question)
to avoid suspicion of political partisanship, a judge
shall not make political speeches, contr SA: No, Judge Luis should not inhibit himself. The filing of
ibute to party
funds, publicly endorse candidates for an administrative case against a judge is not one of the
political office or
participate in otherer partisan political activities.”. (R ule grounds for his disqualification provided in the Revised
5.10, Code of Judicial Conduct) Rules of Court or the New Code of Judicial Conduct.
(
He may also be criminally liable for viola It does not follow that an administrative complaint
tion of the filed against the judge will make him. bias against the
Omnibus Election Code. Section 261(i)
of the said Code lawyer who filed the said complaint. (Aparicio v. Andal,
prohibits any officer or employee in
the civil service to 175 SCRA 569; Medina v. De Guia, 219 SCRA 153;
directly or indirectly, intervene in any
election campaign Mantaring v. Roman, Jr., 254 SCRA 158) Whether or
or engage in any partisan political
activity, except to not Judge Luis should inhibit himself depends on his
vote or to preserve public order. The
facts of the case sound discretion.
show that Judge L committed election
offenses which is
penalized by the Omnibus Election Code. whether a judge may
18. State, with a brief explanation,
16. In a case for homicide filed before the be sanctioned for dictating his decision in open court
Regional Tri immediately after trial. (2008 Bar Question)
Court (RTC), Presiding Judge Quintero
issued an order
for the arrest of the accused, gran
ted a motion for the SA: There is no rule prohibiting a judge to dictate his decision
reduction of bail, and set the date
for the arraignment in open court immediately after trial.
of the accused. Subsequently, Judge
Quintero inhibited In simple cases, where an accused pleads guilty to
himself from the case, alleging that
case was raffled to his court, he alre
even before the a minor offense the judge may immediately dictate his
Ie ede a of the circumstances surround
ady had personal decision in open court. However, in complex and serious
ing the case cases, the same may not be considered proper as the
Bar Quesinn)
Ss Judge Quintero’s inhibi
hibit
tionion justi
justi fied? Explain.
i (2009 ) judge may be accused of arriving at hasty decisions or
that he may have already pre-judged the case. He may
SA: Yes, the inhibition of Judge Quintero
is justified. A judge also be seen as careless, if not deliberately high-handed.
shall disqualify himself if he is unab
le to decide the (People v. Eleuterio, 173 SCRA 243) It is the bounden
matter impartially. In the case at
bar, he admitted that duty of a judge to evaluate all evidences presented and
he already had personal knowledge of
the circumstances study the case thoroughly so that justice will be served.
surrounding the case which is a
manifestation that he
cannot anymore be impartial and
he is already bias or 19. A and B are accused of Estafa by C, the wife of Regional
Trial Court Judge D. Judge D testified as a witness for
 160 ETHICALLY YOURS JUDICIAL ETHICS 161
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

the prosecution in the Estafa case. Did Judge D commit 1. Q: Before he joined
joi (
the bench, Ju dge J was a vice-ma yor.
an act of impropriety? Give reasons for your answer. 8 Judge J resume d writing a weekly column in a local
(2007 Bar Question) newspap er. In his column, Judge J wrote:
SA: The facts of the case did not state whether the testimony “I was wondering if the present vice-
of Judge D is necessary for the prosecution of the mayor can shed off his crocodile hide so
estafa case brought by his wife against A and B. If that he can feel the clamor of the public for
his testimony is essential to the prosecution to prove the resignation of hoodlum public officers of
the guilt of A and B then he did not commit any act of which he is one.”
impropriety. However, if his testimony is not necessary,
then it was improper for him to testify because he will When charged administratively, Judge J invoked
just give the impression that he is trying to influence freedom of expression. Is his defense tenable? Explain.
. the court. “Judges shall refrain from influencing in any (2000 Bar Question)
manner the outcome of litigation or dispute pending SA: No, the defense of Judge J is not tenable. His reliance
before another court of administrative agency.” (Sec. 3, on the constitutional guarantee of freedom of expression
Canon 1, New Code of Judicial Conduct [NCJC]) They is out of place. It was improper for him to write the
should “not use or lend the prestige of the judicial office above statement in his column because such writing
to advance their private interests, or those of a member has compromised his duties as a judge in the impartia
of their family or of anyone else, nor shall they convey administration of justice. He lacked judicial decorum,
or permit others to convey the impression that anyone is was instigating litigation and did not conduct himself in
in a special position improperly to influence them in the a manner as to preserve the dignity of his judicial office.
performance of judicial duties.” (Sec. 8, Canon 4, NCJC) (Galang v. Santos, 307 SCRA 583; Royeca v. Animas, 71
SCRA 1) “Judges, like any other citizen, are entitled to
20. Judge Aficionado was among the several thousands freedom of expression, belief, association and assembly,
of spectators watching a basketball game at the Rizal but in exercising such rights, they shall always conduct
Memorial Coliseum who saw the stabbing of referee themselves in such a manner as to preserve the dignity
Maykiling by player Baracco in the course of the game. of the judicial office and impartiality and independence
The criminal case correspondingly filed against Baracco of the judiciary.” (Sec. 6, Canon 4, New Code of Judicia
for the stabbing of Maykiling was raffled to the Regional Conduct)
Trial Court branch presided over by Judge Aficionado.
Should Judge Aficionado sit in judgment over and try the : im,
Ina case before him, icipal
iti was the son of Municip Trial
a ‘Tri
case against Baracco? Explain. (2004 Bar Question) 8 Court Judge X who appeared as counsel for the plaintiff .
2.
After the proceeding, judgment was rendered in favor of
SA: No, Judge Aficionado should not preside and try the the plaintiff and against the defendant. B, the defendant
case. A judge shall disqualify himself if he is unable to in the case, complained against Judge X, for not
decide the matter impartially. (Sec. 5, Canon 3, New disqualifying himself in hearing and deciding the case.
Code of Judicial Conduct) Also, a judge should take no In his defense, Judge X alleged that he did not disqualify
part in any proceeding where he has personal knowledge himself in the case because the defendant never sought
of disputed evidentiary facts concerning the case. (Rule his disqualification.
3.12 (a), Code of Judicial Conduct) In the case at bar, he
saw Baracco stab Maykiling, a fact that he has personal Is Judge X liable for misconduct in office? (1999
knowledge of the circumstances surrounding the case Bar Question)
which is a ground for him to inhibit because he may no SA: li
Yes, Judge X isis liable i
for miscon duct in in of ic office. It was
longer be impartial. mandato ry for him to disquali fy himself if he is related
 162 ETHICALLY YOURS JUDICIAL ETHICS 163
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

to a party litigant within the sixth degree or to counsel In a civil case, the defendant discovered that the counsel
24.
within the fourth degree of consanguinity or affinit for the plaintiff used to be a member of the Judicial and
(Sec. 1, Rule 137, Revised Rules of Court; Sec. 5 [f] Canon Bar Council during whose time the Judge presiding
3, New Code of Judicial Conduct; Hurtado v. Jurdalena over the case was appointed and confirmed. He filed a
8&4 SCRA 41) It is clear in the case at bar that Jud ¢ “Motion to Inhibit the Judge” on the ground that the
x committed misconduct because he did not disqualit latter’s ability to act independently and judiciously had
himself to hear the case when his son, who is related
to been compromised and seriously impaired because of his
him by consanguinity by just one degree, appeared for a “utang na loob” to the plaintiffs counsel.
party in his court. To a reasonable observer, it will appear
If you were the judge, how would you rule on the
that he will not be able to decide the case impartiall
because of his son. A judge should take no part in 4 Motion? (1994 Bar Question)
. proceeding where his impartiality might be reasonably SA: I will deny the “Motion to Inhibit.” As judge, I swore to
that
questioned, (Rule 3.12, Code of Judicial Conduct) His decide cases in accordance with the law. The fact
Judicia l and Bar Counci l
excuse that the defendant did move to disqualify him I was recommended by the
will be partial to the counsel ,
s untenable and deserves no merit. It was his duty to (JBC) does not mean that I
of the plainti ff. A judge is
isqualify
fy hi
himself when his son a ppeared who was a member of the JBC,
y indebt ed to the membe rs
a party in his court. ° ns counsel for not, and should not be, morall
l
of the JBC. A judge is duty bound to uphold judicia
23. In a murder trial, Judge T asked searching questions independence in both its indivi dual and institu tional
of all the witnesses for the accused prompting Att aspects. (Canon 1, New Code of Judicial Conduct)
O, counsel of the accused, to request Judge T to desict
with a sensational criminal case, the
from acting as counsel for the prosecution. The Judge 25. In connection
however, reminded Atty. O that she wanted to determine Public Relations Officer of the All-Judges Association,
the trial
whether the accused was guilty of the crime charged. Inc. issued two press releases, one stating that
judge should not have granted bail to the accused since
.
Is it proper for Jud ge T to 5 takewi an active part part on evidence of guilt was strong and the other, calling upon
the examination of the acc used’s witn esses? ? (1996 Bar said judge to inhibit himself from trying the case since
ial
Question) he did not exhibit the cold neutrality of an impart
judge in ruling upon certain motion s.
SA: No, it was not proper for Judge T to take an active part
in the examination of all the witnesses of the accused Comment on the actuations of the Public Relations
He can ask questions sparingly but not throughout Officer who is presumably authorized by the Association.
the trial as his active participation and intervention (1992 Bar Question)
be misconstrued and his impartiality be questioned.
judge must not only be impartial but must also appear
A SA: The actuations of the Public Relations Officer (PRO)
of issuing press releases criticizing a trial judge and
to be impartial. “While a judge may, to promote justice
accusing him judge of partiality was improper. His
prevent waste of time or clear up some obscurit the
conduct was contemptible as he did not preserve
properly intervene in the presentation of evidence l office consid ering that the case is
dignity of the judicia
during the trial, it should always be borne in mind that not have gone to the media but
still pending. He should
undue interference may prevent the proper presentation
should have followed proper administrative procedures
of the cause or the ascertainment of truth.” (Rule 3.06
so that the matter may be investigated. “Judges, like
Code of Judicial Conduct) sion,
a any other citizen, are entitled to freedom of expres
belief, association and assembly, but in exercising such
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ETHICALLY YOURS
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rights, they shall always conduct themselves in such a in connection with the performance of judicial
manner as to preserve the dignity of the judicial office duties” (Sec. 13, Canon 4, NCJC); and
and impartiality and independence of the judiciary.” Violation of the Anti-Graft and Corrupt
b)
(See. 6, Canon 4, New Code of Judicial Conduct) “A Practices Act. (R.A. No. 3019) For “gelling”
judge should abstain from making public comments on
TROs, he gave undue benefit or advantage
any pending case and should require similar restraint on to a private individual in the discharge of his
the part of court personnel.” (Rule 3.07, Code of Judicial
judicial function. (Sec. 3(e), R.A. No. 3019)
Conduct) “A Judge shall refrain from influencing in an:
any
manner the outcome of litigation or dispute pending SA: B. The defenses that Judge X can raise to avoid
liability are: 1) the allega tions are hearsa y; 2) there
before another court or administrative agency.” (R le
2.04, Code of Judicial Conduct) _ is no substantive evidence to prove the allegations;
and 3) he was denied due process.
26. Reacting to newspaper articles and verbal complaints on
g
alleged rampant sale of Temporary Restraining Orders 27. Atty. Goodie, a rich and sociable lawyer, enjoys hostin
membe rs
y Judge X, the Supreme Court ordered the conduct parties for government officials including
golf at
of a discreet investigation by th e Offi of the judiciary. He also invites them to play
+ y ce of the Court Mahaldito Golf Club, easily one of the posh golf course s
Administrator. on the
in the country, where he is a member. Comme nt
Judg the plac
esthe incomp e where J udge X isj assi. gned propriety of the members of the judiciary who attend
the
confirme d lain ts. e .
parties of, and play golf with, Atty. Goodie
s of
A. What administrative charge/s may be leveled SA: The members of the judiciary who attend the partie
who play golf with him violat e
against Judge X? Explain. Atty. Goodie and those
(NCJC).
B. What provisions of the New Code of Judicial Conduct
defense/s can Judge X raise in avoidance of erode
any liability? (2010 Bar Question) Their actions do not promote public confidence but
iality of the judici ary when
the integrity and impart
A. ed. It may convey the impre ssion
SA: The following charges may be leveled against Judge Atty. Goodie is involv
in the
X: that he is in a special position to influence them
judici al duties . “Propr iety and the
performance of their
a) Violation of the New Code of Judicial Conduct is essent ial to the perfo rmanc e
appearance of propri ety
(NCJC) for his alleged rampant sale of a judge. ” (Cano n 4, NCJ C) “Judge s
of all the activities of
Temporary Restraining Orders (TROs). From al relati ons with indivi dual
shall, in their person
the facts of the case, it can be inferred that rly
members of the legal profession who practice regula
there is a perception that Judge X is corrupt situat ions which might reaso nably
in their court, avoid
and that he accepted “gifts” or “favors” to or
give rise to the suspicion or appearance of favoritism
issue TROs contrary to the conduct he should Canon 4, NCJC)
partiality.” (Sec. 3,
observe that is to maintain the dignity of the
the
judicial office. “Propriety and the appearance
28. Judge X was invited to be a guest speaker during
of propriety is essential to the performance of which was
annual convention of a private organization
y to
all the activities of a judge.” (Canon 4, NCJC) covered by media. Since he was given the libert
Judges and members of their families shall recent decisi on of
speak on any topic, he discussed the
neither ask for, nor accept, any gift, bequest Presid ent is not,
the Supreme Court declaring that the
ting a
loan or favor in relation to anything done or under the Constitution, proscribed from appoin
to be done or omitted to be done by him or her Chief Justice within two months before the electio n.
 166 167
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C In his speech, the judge demurred to the Supreme Pass on the propriety of the Justices’ receipt of
(2010
ourt decision and even stressed that the decision is a assistance/allowance from the local governments.
serious violation of the Constitution. Bar Question)
. ance/
A. Did Judge X incur er
any y adm inistrativ: e liability? SA: It is not improper for the justices to receive assist
Explain. gover nment units (LGUs ). The
allowance from local
Code (R.A. No. 7160) allows LGUs
Local Government
B. If instead of ventilating his opinion before the in their
to give allowances to the justices stationed
private organization, Judge X incorporated it, as The Supre me Court uphel d the
respective localities.
an, obiter dictum, in one of his decisions did he LGUs to judges , prosec utors,
grant of allowances by
incur any administrative liability? Expl in and other
public elementary and high school teachers,
Bar Question) " plain 2020 ls, to rule agains t the power
national government officia
the
SA: A. No, Judge X did not incur administrative liability. He of the LGUs to give said allowances will subvert
by the
merely expressed his opinion on a case already decided principle of local autonomy zealously guaranteed
(Dadole v. COA, 393 SCRA 262; Leynes
by the High Court and not regarding a case pendin: Constitution.
before it. A judge is also entitled to express his opinion : v. COA, 418 SCRA 180) However, such assistance or
justices.
matters concerning the country. However, as a judge he allowance should not operate as to influence the
ain their indep enden ce and
must do so in a manner as to preserve the dignity of the The justices should maint
tion to the LGUs. “Judges
judiciary. “Judges, like any other citizen, are entitled t should not owe any moral obliga
inapp ropri ate conne ctions
freedom of expression, belief, association and assembl : shall not only be free from
execut ive and legisl ative
but in exercising such rights, they shall always conduct with, and influence by, the
r to be free
themselves in such a manner as to preserve the dignity of branches of government, but must also appea
observ er.” (Sec. 5, Canon 1,
the judicial office and the impartiality and independence therefrom to a reasonable
° New Code of Judicial Conduct)
of the judiciary.” ial
Conduct) ty." (Sec. 6, Canon 4, New Code of Judic ed, he
30. On the proposal of Judge G, which was accept
Gyoza on
SA: B. bay Judge X did not incur any administrative and his family donated a lot to the City of
nal would be
iabi ity. It is clear from the facts that he decided th the condition that a public transport termi
ted and the
case in accordance with the law and jurisprudence constructed thereon. The donation was accep
and not according to his personal opinion. He did not
condition was complied with.
ty
es personal mew affect his duty to be an objective The family-owned tracts of land in the vicini
strator of justice. sudde nly appre ciate d in value and
His per ini of the donated lot
urant and
merely an obiter dictum which is hot part of a tise became commercially viable as in fact a resta
a hotel were soon after built.
29. Judges of the first and second level courts are allowed
of
to receive assistance from the local government unit Did the Judge commit any violation of the Code
where they are stationed. The assistance could be i the Judicial Conduct? (2010 Bar Quest ion)
form of equipment or allowance. Conduct
_ SA: Yes, Judge G violated the New Code of Judicial
of the case show that he was the one
tat Justices at the Court of Appeals in the regional (NCJC). The facts
e the lot of his family to the City
stations in the Visayas and Mindanao are not necessarily who proposed to donat
condit ion that a public transp ort
residents
1 there, > hence, , they y incur
i additio
of Gyoza with the
iti n: d there on by the City. Clearl y,
for their accommodations. terminal will be const ructe
al expenses perso nal intere st. It was
the said donation was made for
 168 ETHICALLY YOURS JUDICIAL ETHICS 169
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

motivated by the prospect that the tract of land owned

justified in not wearing her judicial robe? Explain. (2009
by his family, surrounding the donated lot will increa
se Bar Question)
in value. Furthermore, it can be inferred that he
used his
office or position to negotiate the terms of the donati No, Judge Rosalind is not justified in not wearing her
on
as he was the one who made the proposal in behalf of judicial robe without the permission of the Supreme
his family. The proposal and negotiation could have Court. The judicial robe is as important as the gavel
been made by another member of his family. “Judge as it shows that judges are duty bound to uphold the
s
shall not use or lend the prestige of the judicial Constitution and the rule of law. The wearing of robes by
office to
advance their private interests, or those of a membe judges (Adm. Circular No. 25, June 9, 1989) heightens
r of
their family or of anyone else, nor shall they convey public consciousness on the solemnity of judicial
or
permit others to convey the impression that anyone proceedings and impresses upon the judge the obligations
is
In a special position improperly to influence them in
the of his judicial office. While Judge Rosalind claims a
performance of judicial duties.” (Sec. 8, Canon
4, NCJC) medical condition for not wearing her judicial robe, she
ee eetiety and the appearance of propriety is essenti
al to
cannot just excuse herself from such requirement. She
e perfor
4NCI O mance of all the activities of a judge.”
judge.” (Canon needs to secure permission from the Supreme Court not
to wear the robe. (Chan v. Majaducon, 413 SCRA 354)

al. A retired member of the Judiciary is now engage

d in 33. On a Friday evening, Atty. Maila Guy filed a petition
private practice. In attending hearings, he uses
his car for a writ of amparo with the Court of Appeals (CA),
i . ‘ because of the urgency of her cause she persuaded
beari
says
ng his protocol plate which was issue d t and
still in the service. o him while CA Justice Juan de la Cruz, her friend and former
classmate, to issue the writ of amparo and the notice of
Pass on the ethical as pect of the judge’
} s, use of th
protocol plate. (2010 Bar Question) hearing without the signatures of the two other member
° ° justices of the CA division. Is Justice de la Cruz guilty of
SA: It is unethical and improper for the retired judge unethical conduct? Explain.
to
use the protocol plate issued to him when he was still
a SA: Yes, Justice de la Cruz is guilty of unethical conduct.
judge. As a retired judge, he is no longer entitled to
use
such protocol plate. He is now a practicing lawyer
and The issuance of the writ of amparo by Justice de
not anymore a member of the judiciary. His act of using la Cruz because of the request of his friend, Atty. Guy,
said protocol plate is a deceitful conduct as he gives
the was improper, judicially unethical and in violation of the
impression that his vehicle belongs to a member of the New Code of Judicial Conduct (NCJC). His issuance of
judiciary which in truth and in fact is not. As
a former the writ without the signatures of his fellow justices in
judge now engaged in private practice, he should his division gives rise to a suspicion that he is partial. A
know
better that he should not engage in unlawful dishon judge must not only be impartial but must also appear to
est
immoral or deceitful conduct. - be impartial. He allowed himself to be influenced by his
friend which is contrary to the norms of judicial ethics.
32. After being diagnosed with stress dermatitis Judge “Propriety and the appearance of propriety is essential to
Rosalind, without seeking permission from the
Supreme the performance of all the activities of a judge.” (Canon
Court, refused to wear her robe during court procee
dings 4, NCJC) “Judges shall, in their personal relations with
When her attention was called, she explained that individual members of the legal profession who practice
whenever she wears her robe she is reminded
heavy caseload, thus making her tense. This.
of her regularly in their courts, avoid situations which might
in turn
triggers the outbreak of skin rashes. Is Judge Rosal reasonably give rise to the suspicion or appearance of
ind favoritism or partiality.” (Sec. 3, Canon 4, NCJC) There
 170 ETHICALLY YOURS JUDICIAL ETHICS V7
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

is no room in the judiciary for those who cannot meet never conducted one and because he wanted to give
the exacting standards of judicial conduct and integrity. moral support to his brother.
Moral integrity is more than a virtue. (Vistan v. Nicolas, . . . ‘ety as a
Did Judge E commit an act of improprie i
201 SCRA 524) Bar Questi on)
member of the judiciary? Explain. (2007
34, State, with a brief explanation, whether a judge may Yes, Judge E committed an act of impropriety by
SA:
be sanctioned for deciding a case in accordance with a attending, in another court, the hearing of the ec fon
Supreme Court ruling but adding that he does not agree protest of his brother. As a judge, he has the uy to
with the ruling. (2008 Bar Question). maintain and preserve the integrity of the ent ve
y
SA: No, a judge may not be sanctioned for deciding a case judiciary. “Propriety and the appearance of propre
is essential to the perfor mance of all the acy ”
according to a Supreme Court ruling but adding that he
‘does not agree with the ruling. As long as he decided of a judge.” (Canon 4, New Code of Judicial Con ue
His defense that he attended the hearing to give 's
the case in accordance with the law and jurisprudence observe how electio n protest
brother moral suppor t and
and not according to his personal opinion he may not
proceedings are conducted cannot, and should not ,
be sanctioned. He did not let his personal view affect
be considered as more consequential than his duty °
his duty to be an objective administrator of justice. If
a preserve the integrity of the entire judiciary. me ac
lower court judge does not agree with a Supreme Court
that he was in the courtroom, during the hearing ° oe
decision or it is against his conscience, he may state his °
election protest, would make the public suspect tha
opinion. (Vivo v. Cloribel, 18 SCRA 718; Albert v. CFI of colleag ue even if that was ne
is trying to influence his
Manila, Br. VI, 23 SCRA 948) There is nothing wrong
his intention. (Vidal v. Dojillo, Jr., 463 SCRA 2 a
with such conduct as long as he exercises it in such a Judge shall refrain from influencing in any mannex
© e
manner as to preserve the dignity of the judicial office outcome of litigation or dispute pending before ane er
and the impartiality and independence of the judiciary. court or administrative agency.” (Rule 2.04, Code of
“Judges, like any other citizen, are entitled to freedo Judicial Conduct)
m
of expression, belief, association and assembly,
but
in exercising such rights, they shall always conduct 36. Judge Horacio would usually go to the cockpits on
themselves in such a manner as to preserve the dignity of Saturdays for relaxation, as the owner of the coc pt ,
the judicial office and the impartiality and independence a friend of his. He also goes to the casino once a wee 0
of the judiciary.” (Sec. 6, Canon 4, New Code of Judicial accompany his wife who loves to play the slot mac nes.
Conduct) Because of this, Judge Horacio was administrative y
charged. When asked to explain, he said that althoug ,
35. During the hearing of an election protest filed by his he goes to these places, he only watches and does no
brother, Judge E sat in the area reserved for the public, place any bets.
not beside his brother’s lawyer. Judge E’s brother
Is his explanation tenable? Explain. (2005 Bar
won the election protest. Y, the defeated candidate for
Question)
mayor, filed an administrative case against Judge E
for employing influence and pressure on the judge who SA: No, the explanation of Judge Horacio is not tenable. The
heard and decide the election protest. Supreme Court prohibits judges from playing or gone
to gambling casinos and cockpits. Propriety an e
Judge E explained that the main reasons why he proprie ty is essenti al to the Ree Cade of
appearance of
was there in the courtroom were because he wanted ° eo
to of all the activities of a judge.” ( Canon 4, New
observe how election protests are conducted as he has t) The persona l behavi or of a judge in
Judicial Conduc
 172 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
his everyday life should be beyond reproach.
38, Canons of Judicial Ethics) A judge is
representation of the Judiciary. It is despicable to see a
judge inside a cockpit, betting and mixing with the crowd
of cockfighting enthusiasts and bettors. Such conduct
is unbecoming of a judge, it undoubtedly impairs the
respect due him and adversely affects the image of the
Judiciary. (City of Tagbilaran v. Hontanosas, Jr., 375
SCRA 1)
37,
In an intestate proceeding, a petition for the issuan
ce
of letters of administration in favor of a Regional Trial
~. Court Judge was filed by one of the heirs. Another heir
opposed the petition on the ground that the judge
is
disqualified to become an administrator of the estate
as
he is the brother-in-law of the deceased.
Rule on the petition. (2005 Bar Question)
SA: I will deny the petition in favor of the Regional Trial
Court Judge because he is disqualified to be
the
administrator of the estate of his deceased brother-in-
law. The case does not fall within the exception since his
brother-in-law is a relative within the second
degree of
affinity not of consanguinity. “A judge should not serve
as the executor, administrator, trustee, guardian,
other fiduciary, except for the estate, trust, or person
of
a member of the immediate family, and then only if such
service will not interfere with the proper perfor
mance
of his judicial duties. “Member of the immediate family”
shall be limited to the spouse and relatives within
the
second degree of consanguinity xxx.” (Rule 5.06, Code
of
Judicial Conduct) Furthermore, the “judicial duties of
a
judge take precedence over all other activities.” (Sec.
1,
Canon 6, New Code of Judicial Conduct)
38.
Pending before the sala of Judge Magbag is the case
of CDG versus JQT. The legal counsel of JQT is Atty.
Ocsing who happens to be the brother of Atty. Ferreras,
a friend of Judge Magbag. While the case was still
being heard, Atty. Ferreras and his wife celebrated
their wedding anniversary. They invited their friends
and family to a dinner party at their house in Forbes
Park. Judge Magbag attended the party and was seen
JUDICIAL ETHICS 173
(Canon conversing with Atty. Ocsing while they were eating at
a visible the same table.
Comment on the propriety of Judge Magbag’s act.
(2005 Bar Question)
There is nothing improper with the action of Judge
SA:
Magbag conversing with Atty. Ocsing while eating
at the same table. A judge is not a hermit. He is not
required to live in retirement or seclusion. He is allowed
to have a social life as long as it does not interfere with
his judicial duties or detract from the dignity of the
court. (Rule 5.01, Canon 5, Code of Judicial Conduct)
But he should be careful and aware of his actions to
avoid suspicion that his social, business relations or
in determining his
friendships constitute an element
judicial course. (Canon 30, Canons of Judicial Ethics)
He must avoid impropriety and the appearance of
impropriety in all of his activities. (. See. 2, Canon 4, New
Code of Judicial Conduct) Conversing with a lawyer,
who has a pending case in his court, on the same table,
may give an appearance of impropriety.
Assume that your friend and colleague, Judge Peter X.
39.
Mahinay, a Regional Trial Court judge stationed at KL
City, would seek your advice regarding his intention
or
to ask the permission of the Supreme Court to act as
counsel for and thus represent his wife in the trial of a
civil case for damages pending before the Regional Trial
Court of Aparri, Cagayan.
What would be your advice to him? Discuss briefly.
(2004 Bar Question)
advise him not to ask permission and act as
SA: I would
counsel to represent his wife. “The judicial duties of a
judge take precedence over all other activities. (See.
1, Canon 6, New Code of Judicial Conduct) A judge
is prohibited to engage in the private practice of law
or to give professional advice to clients. (Sec. 35, Rule
138, Revised Rules of Court; Rule 5.07, Code of Judicial
Conduct; Sec. 11, Canon 4, New Code of Judicial Conduct)
There are no exceptions because his appearance in
another court might influence his colleague or, even if it
will not influence his colleague, create a perception that
 174 JUDICIAL ETHICS 175
ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

he is trying to influence the outcome of the case which
at any rate is not good for the image of the J udiciary. “A
Judge shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another
court or administrative agency.” (Rule 2.04 of
y” ¢ 04, Code
Judicial Conduct)
40. B, who was given no more than six (6) months to live
by her physician, requested her cousin Judge A to
introduce her to Judge C before whose sala she has a
case submitted for resolution. B would wish to have the
case decided before her expected demise. Judge A, who
personally knows Judge C, accompanied B to the latter
introduced her as his cousin, and explained that all that
B wants is for her case to be expeditiously resolved,
without, in any way, suggesting in whose favor it should
be decided.
Comment on the conduct of Judge A A. (2003 Bar
ge
Question)
SA: The conduct of Judge A is improper and may
considered unethical. Although Judge A did not suggest
to Judge C how the case should be decided, he (Judge A)
introduced B as his cousin to him (Judge C) which is a
manifestation as to how he wants the case to be decided
‘A Judge shall refrain from influencing in any manner
the outcome of litigation or dispute pending before
another court or administrative agency.” (Rule. 2.04,
Code of Judicial Conduct) He must avoid impropriety
and the appearance of impropriety in all of his activities.
(Sec. 2, Canon 4, New Code of Judicial Conduct) His
introduction of B as his cousin gives the appearance of
impropriety.
SA: Yes, the judge committed an infraction warranting
disciplinary action. His approach in writing his decision
in the case at bar is unethical and improper. It is his
bounden duty to personally study the case, evaluate the
evidence presented and directly prepare his decisions.
“All judgments determining the merits of cases shall
be in writing personally and directly prepared by the
judge, stating clearly and distinctly the facts and the
law on which it is based xxx.” (Sec. 1, Rule 36, Revised
Rules of Court) His directive to the counsel of each party
to prepare and submit to the court their respective
memoranda in decision form with the idea that he
would just adopt, between the two, a decision violates
the Code of Judicial Conduct. A judge cannot delegate to
the counsel of the parties such judicial responsibility. By
doing so, he “abdicated a function exclusively granted to
him by no less than the fundamental law of the land. it
is axiomatic that decision-making, among other duties,
is the primordial and most important duty of a member
of the bench.” (Heck v. Judge Santos, A.M. No. RTJ-01-
be 1630, April 9, 2003) “Judges shall perform all judicial
duties, including the delivery of reserved decisions,
efficiently, fairly and with reasonable promptness.”
(Sec. 5, Canon 6, New Code of Judicial Conduct) “A
judge should perform official duties honestly, and with
impartiality and diligence adjudicative responsibilities.”
(Canon 8, Code of Judicial Conduct)
42. In an extrajudicial settlement of the estate of the late
Juan Mayaman, the heirs requested Judge Maawain, a
family friend, to go over the document prepared by a new
lawyer before they signed it. Judge Maawain agreed and.
even acted as an instrumental! witness.

41. Following the protracted trial, a case was submitted for Did Judge Maawain engage in the unauthorized
decision. The Presiding Judge then asked the counsel practice of law? (2002 Bar Question)
of each party to prepare and submit to the court their SA: No, Judge Maawain did not engage in the unauthorized
respective memoranda in decision form, the idea being practice of law. It is true that the Revised Rules of Court
that the judge would then choose which, between the (Sec. 85, Rule 188), the Code of Judicial Conduct (Rule
two, he will adopt as his own decision. Did the judge 5.07) and the New Code of Judicial Conduct (Sec. 11,
discipli
warranting
commit an infraction
g disciplinar tion? Canon 4) prohibit judges to engage in private practice of
panary action: the
(2003 Bar Question) law or give professional advice to clients. However,
acts of Judge Maawain cannot be considered practice of
176 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
law because of the following: a) it was an isolated act, he
did not do it again; b) he merely reviewed the contract;
c) he did not give professional advice; and d) he merely
signed as a witness. (De Castro v. Capulong, 118 SCRA
5) His actions were not a series of acts to constitute
engaging in the practice of law.
43. The family of Judge Matrabaho owns a small department
store. With his knowledge, an employee of the store posted
on the bulletin board of his court an ad for job openings
informing the public that applications must be filed in
the office of the judge. For this purpose, the applicants
~ would also be interviewed therein. Is the judge liable for
misconduct? Explain. (2002 Bar Question)
SA: Yes, Judge Matrabaho is liable for misconduct. His act
of allowing their store employee to post advertisements
of their family store on his court bulletin board, use his
office to receive applications and interview applicants
therein is improper. He allowed the use of court facilities
to promote or advance the interests of their family
business which is a violation of the ethical standards
members of the judiciary should follow. (Dionisio v.
Escano, 802 SCRA 411) “Judges shall not use or lend
the prestige of the judicial office to advance their private
interests, or those of a member of their family or anyone
else, nor shall they convey or permit others to convey
the impression that anyone is in a special position
improperly to influence them in the performance of their
official duties.” (Sec. 8, Canon 4, New Code of Judicial
Conduct [NCJC]) Judges are not encouraged to engage
in other lawful business enterprises so that they can
focus on their official judicial duties and preserve the
respect and dignity of the courts as the bastion of justice.
(Rules 5.02 and 5.03, Code of Judicial Conduct) “The
judicial duties of a judge take precedence over all other
activities.” (Sec. 1, Canon 6, NCJC)
44, Before his appointment to the judiciary, Judge K was
the administrator of the estate of his second cousin.
After joining the judiciary, could Judge K continue to be
the administrator? Explain. (2000 Bar Question)
SA: No, Judge K must not continue to be the administrator
of the estate of his second cousin. He cannot anymore
JUDICIAL ETHICS “177
serve as administrator because his second cousin is not
considered a “member of the immediate family” as defined
in the Code of Judicial Conduct (CJC). A second cousin
is not one of the exceptions where a judge can serve as
an administrator of an estate. “A judge should not serve
as the executor, administrator, trustee, guardian, or
other fiduciary, except for the estate, trust, or person of
a member of the immediate family, and then only if such
service will not interfere with the proper performance
of his judicial duties. “Member of the immediate family”
shall be limited to the spouse and relatives within the
second degree of consanguinity. xxx” (Rule 5.06, CJC)
“The judicial duties of a judge take precedence over all
other activities.” (Sec. 1, Canon 6, New Code of Judicial
Conduct)
45. Justice X of the Court of Appeals, by mutual agreement
of two opposing parties, asked him.to be their sole
arbitrator in the controversy that arose out of the
construction of a building in Makati City. The fee that
would be paid to him was substantial, it amounting to
double his annual salary and allowances. When Justice
X declined the offer, the parties suggested that he go on
leave of absence for three months to enable him to do the
job.
May Justice X accept the work offered to him while
on leave of absence? (1999 Bar Question)
SA: No, Justice X should not accept the work offered to
him even when he is on leave of absence from the
Court of Appeals. Decisions of voluntary arbitrators
are appealable to the Court of Appeals where he is a
Justice. It may later on create a conflict with his judicial
duties. It is his obligation to regulate his extrajudicial
activities to minimize the risk of conflict with his judicial
functions. (Canon 5, Code of Judicial Ethics [CJC]) He
should “not accept appointment or designation to any
agency performing quasi-judicial or administrative
functions.” (Rule 5.09, CJC) Also, if he goes on leave
and takes the job offer, it will create an impression that
he is just interested in the money. “Judges shall avoid
impropriety and the appearance of impropriety in all of
 178 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS JUDICIAL ETHICS 179
REVIEWER)

their activities.” (Sec. 1, Canon 4, New

Code of Judicial follow. His acceptance of a birthday gift, to vacation
Conduct)
in Hong Kong, from a friend, whose son has a pending
46. criminal case in another court where heis assigned, gives
X, a Municipal Trial Court Judge, received
the amount the impression of impropriety on his part. ‘Propriety
of One Thousand (P1,000.00) Pesos
in cash from and the appearance of propriety are essential to the
accused charged with slight physical
injuries in his performance of all the activities of a judge.” (Canon 4,
court, whereupon he was released from
custody. After New Code of Judicial Conduct [NCJC]) He should not,
dismissal of the case against him, the
accused sought to if not allowed by law, accept gifts to avoid suspicion of
withdraw the amount he had deposited
as bail. It was impropriety. “Judges shall avoid impropriety and the
not at once returned to the accused becau
se according appearance of impropriety in all of their activities. (Sec.
to the Judge, it was stolen from the
drawer of his table
where he kept it after receipt. Nonetheles 1, Canon 4, NCJC) “A judge or any immediate member
s, the amount
. Was returned to the accused. of the family shall not accept a gift, bequest, favor or
loan from anyone except as may be allowed by law.
Is the Judge guilty of misconduct for which
he may (Rule 5.04, Canon &, Code of Judicial Conduct [CJIC])
be disciplined? (1999 Bar Question)
It is immaterial if the said case is pending in another
SA: Yes, the judge is guilty of misconduct court, the fact is a reasonable observer may suspect
and he may be
disciplined. He was negligent. He should
that he was bribed to influence the outcome of the said
not have
kept the money in his drawer but, as requi case in the other branch. “A judge shall refrain from
red by law,
deposited it with the municipal treasurer. influencing in any manner the outcome of litigation or
“Propriety
and the appearance of propriety are essential dispute pending before another court or administrative
to the
performance of all the activities of a judge agency.” (Rule 2.04, CJC)
.” (Canon 4,
New Code of Judicial Conduct [NCJC]) His failure to
immediately return the money to the accus 48. Justice AR of the Sandiganbayan was named executor
ed, upon his
acquittal, gave the impression that he misa of the Will of his good friend BT whose estate is valued
ppropriated
the money. “Judges shall avoid impropriety approximately at Two Billion (P2,000,000,000.00) Pesos.
and the
appearance of impropriety in all of their activ
ities.” (Sec. Upon BT’s death, may Justice AR accept the trust
1, Canon 4, NCJC)
and serve as executor of BT’s Will while still in office?
47, Judge A went to Hong Kong on vacation (1999 Bar Question)
on board a
Philippine Airlines plane and stayed in a SA: No, Justice AR cannot accept the trust and serve as an
first class hotel
for three days and three nights. The round executor of the will of BT while he is a member of the
trip ticket
Manila-Hongkong-Manila and board and judiciary because BT is not a member of his immediate
lodging in the
hotel where he stayed were paid for as family. A friend is not one of the exceptions where a
a birthday gift
to the Judge by a friend whose son has a
case for estafa judge can serve as executor of his (friend) will. “A judge
pending in another Branch of the Court
where Judge A should not serve as the executor, administrator, trustee,
is assigned.
guardian, or other fiduciary, except for the estate,
Did Judge A commit any infraction of trust, or person of a member of the immediate family,
the Code of
Judicial Conduct under the circumstance and then only if such service will not interfere with the
s? (1999 Bar
Question) proper performance of his judicial duties. “Member of
the immediate family” shall be limited to the spouse and
SA: Yes, circumstances show that J udge A viola
ted the norms relatives within the second degree of consanguinity. XXX
of judicial conduct members of the
judiciary should (Rule 5.06, Code of Judicial Conduct) “The judicial duties
 180 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
JUDICIAL ETHICS 181

of a judge take precedence over all other activities.” issue requiring resolution on the PIRMA petition was
ties.” (Sec.
1, Canon 6, New Code of Judicial Conduct)
° outside the jurisdiction of Regional Trial Courts. Was
49, there a breach of the Code of Judicial Conduct by Judge
A judge, in order to ease his clogged docket,
would exert P? (1997 Bar Question)
efforts to compel the accused in criminal cases to
plead
guilty to a lesser offense and advise party litiga
nts in SA: Yes, there was a breach by Judge P of the Code of
civil cases whose positions appear weak, to accept
the Judicial Conduct (CJC). He delivered a speech regarding
compromise offered by the opposing party. the PIRMA petition which he knew was a political issue
where judges are prohibited from engaging to avoid
Is the practice legally acceptable? (1998 Bar suspicion of political partisanship. He should not have
Question)
delivered such speech. “A judge is entitled to entertain
SA: Yes, the practice is legally acceptable if the judge does personal views on political questions. But to avoid
S not pressure the parties and does not give the
impression suspicion of political partisanship, a judge shall not make
that he has prejudged the case. It is unethical for a judge political speeches, contribute to party funds, publicly
to exert pressure on an accused to plead guilty to a lesser endorse candidates for political office or participate in
offense or a party in a civil case to compromise withou other partisan political activities.” (Rule 5.10, Code of
t
being heard. Said judge will be suspected of having Judicial Conduct)
prejudged the case which is contrary to his judicial duty to
be an objective administrator of justice. It is his bounde 51. Judge Roman Pulido, an incumbent RTC Judge, ran for
n
judicial duty to observe due process: hear the President of the Rotary Club of Bacolor and won. His
case and
study and evaluate evidences presented. Prejudging first project was to put up a livelihood center to help the
a case 1s a ground for his disqualification. (Castillo lahar victims. To raise funds he sent to the business
v.
Juan, 62 SCRA 124) He should not compromise the community solicitation letters for contributions. His
proper administration of justice over his objective rival in their club filed an administrative charge against
of
unclogging his docket. Judge Pulido alleging unethical conduct for socializing
and being actively involved in an organization the
50. As the guest speaker in a Rotary Club weekly lunche members of which are mostly practicing lawyers, and for
on
meeting, Judge P was asked during the open forum soliciting contributions.
what might his personal opinion be on PIRMA’s move
to Are the grounds raised valid for the charge of
initiate a people’s initiative to amend the Constitution
, unethical conduct? Discuss fully. (1995 Bar Question)
He expressed the view that PIRMA’s crusade should
be allowed because it would be in consonance with SA: Judge Pulido was charged for unethical conduct on two
the
declaration in the Constitution that “sovereignty resides grounds, to wit: a) socializing and being actively involved
in the people and all government authority emanat in an organization the members of which are mostly
es
from them.” He likewise enjoined the members practicing lawyers; and b) soliciting contributions from
to
support PIRMA. An Administrative complaint was businessmen.
filed
against him by a club member, a staunch oppositor to
the PIRMA petition before the COMELEC, alleging that The first charge, socializing and being actively
the judge’s public statement had constituted conduc - involved in an organization, is without merit and is not
t a valid ground. It is not unethical for a judge to join and
unbecoming a judge. Judge P’s answer to the compla
int actively participate in activities of a civic organization
was that membership in the judiciary did not depriv
e like the Rotary Club of Bacolor. A judge is not a hermit
him of his right to free speech, that he was entitled to
express his view even on political issues, and that and he is not required to live in seclusion. As a matter
any of fact, it is desirable that, as long as he performs his
 182 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
judicial obligations diligently, he continue to mingle in
social intercourse and not discontinue his interest in or
appearance at meetings of members of the bar. (Canon
30, Canons of Judicial Ethics) He can participate in civic
and charitable activities and even allowed to serve as an
officer of civic organizations. “A judge may engage in the
following activities provided that they do not interfere
with the performance of judicial duties or detract from
the dignity of the court:
XXX
53.
(c) Participate in civic and charitable activities;
(d) Serve as an officer, director, trustee, or non-
legal adviser of a non-profit or non-political,
educational, religious, charitable, fraternal,
or civic organization.” (Rule 5.01, Canon 5,
Code of Judicial Conduct)
However, the second charge against Judge Pulido
is valid. It was unethical for him to solicit from the
business community contributions for the project of
his civic organization. The public might suspect that
he is using the power of his judicial office to persuade
others to support his project which is improper and his
personal interests might conflict with his official duties.
“Judges shall avoid impropriety and the appearance of
impropriety in all of their activities.” (Sec. 1, Canon 4,
New Code of Judicial Conduct) “He should avoid giving
ground for reasonable suspicion that he is utilizing the
power or prestige of his office to persuade or coerce others
to patronize or contribute x x x to charitable enterprises.
x x x he should not solicit for charities x x x.” (Canon 24,
Canons of Judicial Ethics)
52.
At the pre-trial of a civil case for collection, one of
the parties mentioned that he expected to settle his
obligation as he was investing in some stocks of a realty
corporation that were sure to soar in the market because
of some confidential information he obtained from his 54,
brother-in-law, a top rank officer of the corporation,
Upon hearing the information, the judge lost no time in
buying stocks in the realty corporation and as predicted
made a lot of money.
JUDICIAL ETHICS 188
Is the judge guilty of unethical conduct? Discuss
fully. (1995 Bar Question)
SA: Yes, the judge is guilty of unethical conduct. He violated
the Code of Judicial Conduct (CJC). He is prohibited to
use information he acquired as a judge for purposes not
related to judicial matters. “No information acquired in
a judicial capacity shall be used or disclosed by a judge
in any financial dealing or for any other purpose not
- related to judicial activities.” (Rule 5.05, CJC)
In an intestate estate proceeding, a petition for the
issuance of letters of administration in favor of an RTC
judge was filed by one of the heirs. Another heir opposed
the petition on the ground that the judge was disqualified
to become administrator of the estate as he was the first
cousin of the deceased. The petitioner however argued
that the judge was not disqualified as the case was not
pending before him.
Rule on the petition. Discuss fully. (1995 Bar
Question)
SA: I will deny the petition in favor of the Regional Trial
Court Judge because he is disqualified to be the admin-
istrator of the estate of his deceased cousin. The case
does not fall within the exception since his first cousin is
not a relative within the second degree of consanguinity.
He is not considered a “member of the immediate fam-
ily’ as defined in the Code of Judicial Conduct (CJC). “A
judge should not serve as the executor, administrator,
trustee, guardian, or other fiduciary, except for the es-
tate, trust, or person of a member of the immediate fam-
ily, and then only if such service will not interfere with
the proper performance of his judicial duties. “Member
of the immediate family” shall be limited to the spouse
and relatives within the second degree of consanguinity.
xxx” (Rule 5.06, CJC) Furthermore, the “judicial duties
of a judge take precedence over all other activities.” (Sec.
1, Canon 6, New Code of Judicial Conduct)
Comment on the propriety of the acts of the municipal
judge who prepared and notarized the following
documents:
(a) A deed of absolute sale executed by two of his
friends;
 184 ETHICALLY YOURS JUDICIAL ETHICS 185
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

(b) An extrajudicial settlement of estate of his cousin SA: The approach of Judge Reyes in writing his decision
s;
(c) A memorandum in the case at bar is unethical and improper. It is his
of agreement between a building
contractor and a neighboring municipality; bounden duty to personally study the case, evaluate the
evidence presented and directly prepare his decisions.
(d) A memorandum of agreement between anoth He should not delegate the decision writing to another
er
private contractor and the municipality where person who might have a different appreciation of
he
sits as judge. (1995 Bar Question) the facts of the case. It is therefore unethical for him
to delegate the decision writing of the case to another
SA: The propriety of the municipal judge in notari
zing the person especially a lawyer who is representing a party in
above-mentioned documents would depend on
whether the case. “All judgments determining the merits of cases
or not a notary public is available in his municipality
. If shall be in writing personally and directly prepared by
there is a notary public therein, it was improper
for him the judge, stating clearly and distinctly the facts and the
_ to notarize the above-mentioned documents.
If there is law on which it is based xxx.” (Sec. 1, Rule 36, Revised
“no available notary public in his community,
since there Rules of Court)
are still municipalities with no lawyers and
notaries,
then it was proper for him to notarize the docum 56. Atty. A was found guilty of indirect contempt by
ents
as notary public ex-officio subject to the conditions the Regional Trial Court and summarily suspended
of Supreme Court Circular No. 1-90. (Balayon, Jr. v. indefinitely from the practice of law. Atty. A questioned
Ocampo, 218 SCRA 13, 23) Municipal court judges are the suspension. Can the Regional Trial Court suspend
not allowed to notarized documents except as notaries Atty. A? Reason. (2000 Bar Question)
public ex-officio. In municipalities where there
are no SA: No, the Regional! Trial Court cannot summarily suspend
lawyers or notaries public, the municipal trial
court or Atty. A for indirect contempt without due process. Atty.
municipal circuit trial court judges assigned
therein A was correct to question the order of the court as he
may act as notaries public ex-officio and “perf
orm any was denied due process because he was not charged in
act within the competency of a regular notary public, writing and was not given an opportunity to comment
provided that: (1) all notarial fees charged shall
be for and be heard. “After a charge in writing has been filed,
the account of the government and turned over
to the and an opportunity given to the respondent to comment
municipal treasurer; and (2) certification be
made in thereon within such period as may be fixed by the court
the notarized documents attesting to the lack
of any and to be heard by himself or counsel, a person x x x may
lawyer or notary public in such municipality be punished for indirect contempt x x x.” (Sec. 3, Rule 71,
or circuit.”
(Supreme Court Circular No. 1 -90)
Revised Rules of Court)
55. After a study of the records and deciding that
plaintiff 57. Atty. Vidal, a semi-retiree Metro Manila law practitioner,
was entitled to a favorable judgment. Judge has a cattle ranch in the remote municipality of
Reyes
requested Atty. Sta. Ana, counsel for the plaint Carranglan, Nueva Ecija. He attends to his law office
iff, to
prepare the draft of the decision. Judge in Manila on Mondays, Tuesdays and Wednesdays and
Reyes then
reviewed the draft prepared by Atty. Sta. spends the rest of the week in his cattle ranch riding
Ana and
adopted it as his decision for plaintiff. Judge horses and castrating bulls.
Reyes saw
nothing unethical in this procedure as he would
ask the In a criminal case pending before the Municipal
other party to do the same if it were the preva
iling party. Trial Court of Carranglan, the only other licensed
Please comment on whether Judge Reyes’ appro member of the Bar is representing the private
ach
to decision-writing is ethical and proper. complainant. The accused is a detention prisoner. The
(1994 Bar
Question) judge wants to expedite proceedings.
186 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
What must the judge do to expedite proceedings?
(1993 Bar Question)
SA: The judge can appoint Atty. Vidal as counsel de oficio not
only to expedite the proceedings but more importantly
to secure the ends of justice and to protect the rights of
the accused. In the case at bar, the accused, a detention
prisoner, is presumed to be a destitute litigant
cannot retain a counsel de parte.
“A court may
an attorney to render professional aid free of charge to
any party in a case, if upon investigation it appears that
the party is destitute and unable to employ an attorney,
and that the services of counsel are necessary to secure
the ends of justice and protect the rights of the party. It
shall be the duty of the attorney so assigned to render
the required service, unless he is excused therefrom by
the court for sufficient cause shown.” (Sec. 31, Rule 1 38,
Revised Rules of Court)
58. Court of Appeals (CA) Justice Juris was administratively
charged with gross ignorance of the law for having issued
an order “temporarily enjoining” the implementation of
a writ of execution, and for having issued another order
for the parties to “maintain the status quo” in the same
case. Both orders are obviously without any legal basis
and violate CA rules. In his defense, Justice Juris claims
that the challenged orders were collegial acts of the CA
Division to which he belonged. Thus, he posits that the
charge should not be filed against him alone, but should
include the two other CA justices in the Division. Is the
contention of Justice Juris tenable? Explain. (2009 Bar
Question)
SA: No, the contention of Justice Juris is untenable.
facts of the case show that he acted alone in issuing
the challenged orders thus, he should be the only one
held liable. However, if the said orders were issued
by his Division as a collegial act as he claims, then all
the members of his Division should be charged.
members of the Division shall act upon an application for
a temporary restraining order and writ of preliminary
injunction, However, if the matter is of extreme urgency,
and a Justice is absent, the two other Justices shall act
upon the application. The action of the two Justices or
JUDICIAL ETHICS 187
the ponente shall however be submitted on the next
working day to the absent member or members of the
Division for ratification, modification or recall.” (Sec. 5,
Rule VI, Internal Rules of the Court of Appeals)
59. State, with a brief explanation, whether a judge may be
sanctioned for his conduct of refusing to inhibit himself
and
although one of the lawyers in the case is his second
assign
cousin. (2008 Bar Question)
SA: The judge may not be sanctioned for refusing to inhibit
himself although one of the lawyers in the case is his
second cousin. A second cousin is a relative within the
sixth civil degree hence, it is not mandatory for him
under the Revised Rules of Court (RRC) or the New
Code of Judicial Conduct (NCJC) to disqualify or inhibit
himself in the case. A judge must inhibit or is disqualified
if he is related to a party litigant within the sixth degree
or to counsel within the fourth degree ‘of consanguinity
or affinity. (Sec. 1, Rule 137, RRC; Sec. 5 [fl], Canon. 3,
NC.JC) Therefore, in the case at bar, the judge may hear
the case.
Judge Segotier is a member of Phi Nu Phi Fraternity.
60.
Atty. Nonato filed a motion to disqualify Judge Segotier
on the ground that the counsel for the opposing party is
also a member of the Phi Nu Fraternity. Judge Segotier
denied the motion.
Comment on this ruling. (2005 Bar Question)
SA: The ruling of Judge Segotier denying the motion is
correct. The ground of Atty. Nonato is insufficient to
The disqualify Judge Segotier. (Vda. de Bonifacio v. B.L.T.
Bus Co., Inc., 34 SCRA 618) Belonging to the same
fraternity is not a legal ground to disqualify a judge to
hear a case under the Revised Rules of Court (RRC) or
the New Code of Judicial Conduct (NCJC). It does not
“All follow that because they belong to the same organization
the judge will be bias. Whether or not Judge Segotier
should inhibit himself depends on his sound discretion.
The instances when a judge is disqualified or must
inhibit is when he is related to a party litigant within
the sixth degree or to counsel within the fourth degree
188 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER) JUDICIAL ETHICS 189

of consanguinity or affinity. (Sec. 1, Rule 187, RRC: S what transpired

Sif], Canon 3, NCIC) es
or report on radio or television
during the hearing of the case. Further, the right of
61. Upon opening session of his court, the Presiding Judge the accused to a fair trial, and not trial by publicity,
noticed the presence of television cameras set up at takes precedence over press freedom. (Sec. Perez v.
Estrada, 365 SCRA 62)
strategic places in his courtroom and the posting of
media practitioners all over his sala with their video be held liable on the basis of res ipsa
62. Q: May a judge
cameras. The Judge forthwith issued an order directing loquitur? Explain. (2003 Bar Question)
the exclusion from the courtroom of all television
paraphernalia and further instructing the reporters SA: Yes, judges may be held liable on the basis of res ipsa
inside the hall not to operate their “video cams” during loquitor which means “the thing speaks for itself.”
the proceedings. The defense lawyers objected to the Under the principle of res ipsa loquitor, the evidence or
S court's order, claiming that it was violative of their documents clearly show the negligence or inefficiency of
client’s constitutional right to a public trial. the wrong doer without need of investigation, hence, the
burden of proof that a wrong has been done is not on the
A. In issuing the questioned order, did the Judge act plaintiff or accuser but on the defendant. The Supreme
in violation of the rights of the accused to a public Court, without conducting formal investigations, held
trial? Discuss briefly. judges liable based on the said principle because records
B. Did the Judge act in derogation of press freedom clearly showed their gross misconduct or inefficiency.
when he directed the exclusion of the television (People v. Valenzuela, 185 SCRA 12; Uy v. Mercado, 154
paraphernalia from the courtroom and when he SCRA 567)
prohibited the news reporters in the courtroom
63. Q: While Miss Malumanay, a witness for the plaintiff, was
from operating their “video cams” during the
under cross-examination, Judge Mausisa asked question
proceedings? Reason briefly. (2004 Bar Question)
alternately with the counsel for the defendant. After four
SA: A. No, the judge did not violate the right of the questions by the judge, the plaintiff's counsel moved that
accused to a public trial. The order to exclude the judge refrain from asking further questions which
television cameras and to prohibit the use of media tended to favor the defense and leave the examination of
practitioners of “video cams” in the courtroom do the witness to the defendant’s counsel, who was a new
not mean that the trial is not public. A trial is public lawyer. The judge explained that he was entitled to ask
when anyone interested is allowed to enter the searching questions.
courtroom and observe the judicial proceeding and
Can the judge justify his intervention? How? (2002
the manner on how the judge conducts it. (Garcia v.
Bar Question)
Domingo, 52 SCRA 143) As long as the interested
public is not prevented to observe in the courtroom SA: Yes, the judge can justify his intervention on the grounds
a trial is public. that he is asking questions for clarification in the
interest of justice or not to waste the time of the court.
B. No, there was no derogation of press freedom. The
“While a judge may, to promote justice, prevent waste of
exclusion of television cameras and prohibition to
time or clear up some obscurity, properly intervene in
use “video cams” in the courtroom do not mean
the presentation of evidence during the trial, it should
that press freedom is being curtailed. There was no
always be borne in mind that undue interference may
transgression of press freedom because the media
prevent the proper presentation of the cause or the
practitioners were not prohibited to report on the
ascertainment of truth.” (Rule 3.06, Code of Judicial
judicial proceedings. They can still write about it
Conduct)
 190 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
64. A, a law graduate but has not passed the bar examination,
filed a Complaint in the Regional Trial Court for
recovery of Fifty Thousand (P50,000.00) Pesos owed
him by B. At the hearing of the case after Answer was
filed. A appeared by himself alone and without counsel
to prosecute his case. The defendant pointed out to the
Court that A was not a member of the bar and suggested
that for his own protection, A should engage the services
of a counsel duly accredited as a member of the Bar. The
judge’ intimated his willingness to reset the hearing of
the case to another day to enable plaintiff to engage the
services of counsel. Plaintiff replied he could manage to
“prosecute his own case, it being but a simple case for
collection of sum of money. If you were the Judge, will
you allow A to continue prosecuting his case by himself
alone? (1999 Bar Question)
SA: Yes, if I were the Judge, I will allow A to continue to
prosecute his case by himself and without the assistance
of counsel because it is allowed by the Rules. In a
Regional Trial Court, “a party may conduct his litigation
personally or by aid of an attorney, and his appearance
must be either personal or by a duly authorized member
of the bar.” (Sec. 34, Rule 138, Revised Rules of Court)
However, I will remind him of the risks he is taking
and that, after judgment, he cannot claim he was not
represented by counsel. (Cruz v. Cabrera, 441
211)
65. A, who is charged in Court
with estafa for
misappropriating funds entrusted to him by B, consulted
Atty. C about the case with the intention of engaging his
services as defense counsel. Because A could not afford
to pay the fee that Atty. C was charging him, A engaged
the services of another counsel, Atty. D. At the trial
of
the case for estafa against A, the prosecutor announced
in open court that his next witness was Atty. C, whom
he was calling to the witness stand. Counsel for A,
Atty.
D, vigorously opposed the prosecutor’s move on the
ground that Atty. C may not be called as a witness for
the prosecution as he might disclose a would-be client’s
confidence and secret. Asked by the presiding
what would be the nature of Atty. C’s testimony,
JUDICIAL ETHICS 191
prosecutor answered it has something to do with how A
obtained from B the funds that the latter received from
the former but failed to account for. Thereupon, Atty. D
vigorously opposed the prosecutor’s motion.
If you were the Judge, how would you rule on the
matter? (1999 Bar Question)
SA: If I were the judge, I will rule that Atty. C cannot take
the witness stand to testify for the prosecution. When
A consulted Atty. C regarding his case to engage the
services of Atty. C, an attorney-client relationship was
created even if later on A did not engage Atty. Cas his
counsel. (Hilado v. David, 84 Phil. 569) The information
disclosed by A to Atty. C, when he consulted the latter,
is covered by privileged communication which Atty. C
cannot disclose to others, or be examined about, without
the consent of A. (Sec. 21 [b], Rule 130, Revised Rules
of Court) It is clear from the facts of the case that the
prosecutor will ask Atty. C how A obtained from B the
funds A failed to account which A disclosed to. Atty. C
during his consultation. “A lawyer shall be bound by the
rule on privileged communication in respect of matters
disclosed to him by a prospective client.” (Rule 15.02,
Code of Professional Responsibility)
66. For his failure to appear for trial despite notice, Atty.
SCRA Umali was summarily pronounced guilty of direct
contempt and was fined P10,000.00 by the Judge.
Is the Judge correct? (1998 Bar Question)
SA: No, the Judge is not correct. A lawyer who fails to appear
for trial is not liable for direct contempt and cannot be
summarily penalized. What is Atty. Umali liable for is .
indirect contempt but he cannot be penalized without
due process. (People v. Torio, 118 SCRA 14; Silva v. Lee,
169 SCRA 512) He must be charged in writing and be
given an opportunity to comment and be heard. ‘After
a charge in writing has been filed, and an opportunity
given to the respondent to comment thereon within such
period as may be fixed by the court and to be heard by
himself or counsel, a person x x x may be punished for
indirect contempt x x x.” (Sec. 3, Rule 71, Revised Rules
Judge
the of Court) The Regional Trial Court cannot summarily
 192 ETHICALLY YOURS
JUDICIAL ETHICS 193
(YOUR LEGAL AND JUDICIAL ETHICS
REVIEWER)

penalize Atty. Umali for indi

irect contempt without due he may be disciplined even without conducting a formal
process,
investigation. (People v. Valenzuela, 135 SCRA 12; Uy v.
67. ; odge Siva upon seeing Mercado, 154 SCRA 567)
a reckless tricycle driver almost
g a boy by the side of the road , gave chase
wopped
a 69. After the pre-trial Atty. Hans Hilado, counsel for plain-
the tricycle. Judge Silva then confiscated the tiff Jennifer Ng, persuaded defendant Doris Dy to enter
river s license and told him to get it from
his office. Wa into a compromise agreement with the plaintiff without
the conduct of Judge Silva proper? (199
8 Bar Question) the knowledge and participation of defendant’s counsel
SA: No, the conduct of Judge Silva was
not proper. Th Atty. Jess de Jose. Doris acceded and executed the agree-
confiscation of driver’s licenses of motor ment. Therein her obligation to Jennifer at 40% interest
vehicle driv, :
who violate traffic rules and regulations per annum in ten (10) equal monthly installments. The
are function -
of the police or deputized traffic law compromise agreement was approved by the court.
enforcers. The
' Judge should not have taken upon himse Realizing that she was prejudiced, Doris Dy filed an
lf to confiscate
the license of the tricycle driver worse, he administrative complaint against Atty. Hilado alleging
did not issue
a traffic violation report or receipt for that the latter prevented her from consulting her lawyer
confiscating
the license. He acted in a manner unbefitting of hi Atty. de Jose when she entered into the compromise
judicial office. (Paguirigan v. Clavano, agreement, thereby violating the rules of professional
61 SCRA 411)
“Judges shall avoid impropriety and the conduct. Atty. Hilado countered that Doris Dy freely
appearance of
impropriety in all of their activities.” (Sec. and voluntarily entered into the compromise agreement
1, Canon Z
New Code of Judicial Conduct [NCIC] which in fact was approved by the court.
His personal
behavior in his everyday life should be beyo
nd reproach Was it proper for the judge to approve the
‘Propriety and the appearance of propr iety is essential to
the perform ance of all are ) compromise agreement since the terms thereof were just
4, NCIC) the activities of a judge.” (Canon and fair even of counsel for one of the parties was not
consulted or did not participate therein? Explain. (1995
68. May a judge disciplined by the Supreme Bar Question)
Court based
solely on a complaint filed by the comp SA: No, it was not proper for the judge to approve the
lainant and
the answer of respondent Judge? If so, compromise agreement entered into by Doris Dy without
under what
circumstances? What is the rationale behin
d this her legal counsel even if the same was just and fair.
of the Supreme Court? (1996 Bar Question
) vm Though Doris Dy has exclusive control of her actions
SA: Yes, a judge may be disciplined by the and may enter into a compromise, the judge should
Supreme Court have reminded her of the risk she is taking and advised
solely on the basis of the complaint
and the answer he submitted under the
filed against him her to consult her lawyer. He should have known that
ipsa loquitor, which means “the thing
principle of re what Atty. Hilado did was unethical. It was unethical
speaks for itself. >
For as long as the facts in the complaint for Atty. Hilado to talk to Doris Dy to compromise and
were admitted settle without the presence of her counsel.
or are already shown on the record,
and no credibl
explanation would negate the same, no Deciding a case for malicious prosecution, Judge Sales
further heari : 70.
to determine the culpability of the judge awarded attorney’s fees and expenses of litigation, in
is necessa y
(In Re: Petition for Dismissal of Judge Dizon addition to exemplary damages, to the plaintiff.
, 173 SCRA
719) Also, where the evidence or docu
ments clear] Did the judge act within his discretion in awarding
show the gross misconduct or inefficiency
of the judge, attorney’s fees? (1994 Bar Question)
194 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

SA: Yes, the judge acted within his discretion to award

attorney’s fees. The judge has authority to award
attorney’s fees when exemplary damages are awarded
(Art. 2208 (1), New Civil Code [NCC]) or for malicious
prosecution if the circumstances so warrant (Art. 2208
NOTARIAL LAW
(3), NCC) that is the accused was acquitted, the person
who charged him knowingly made a false statement to
induce the prosecutor to prosecute or the filing of the Define notary public.
criminal action was to vex or humiliate the accused and
SA: A notary public is one appointed by the Court, whose
to dishonor and disgrace him.
duty is, to attest the genuineness of any deed or writing
in order to render them available as evidence of facts
stated therein and who is authorized by statues to
administer various oaths. (A.M. No. 02-8-13-SC)

What is the purpose of the 2004 Rules on Notarial

Practice?
SA: The purpose of the 2004 Rules on Notarial Practice are
as follows: ‘

a) “promote, serve and protect public interest;

b) simplify, clarify and modernize the rules governing
notaries public; and
c) foster ethical conduct among notaries public.” (Sec.
2, Rule 1, A.M. No. 02-8-13-SC)

What are the qualifications of a notary public?

SA: The following are the qualifications of a notary public, to
wit:
a) Must bea citizen of the Philippines;
b) Must be over twenty-one (21) years of age;

c) Must be a resident of the Philippines for at least

one (1) year and maintains a regular place or
work or business in the city or province where the
commission is to be issued;

d) Must be a member of the Philippine Bar in good

standing, with clearances from the Office of the
Bar Confidant and the Integrated Bar of the
Philippines; and

195
196 ETHICALLY YOURS NOTARIAL LAW 197
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

e) Must not have been convicted in the first instan

ce of Sign on behalf of a person who is physically unable
any crime involving moral turpitude. . (Sec. . 1, 1, R Rule to sign or make a mark on an instrument or
III, A.M. No. 02-8-18-SC, 2004, Rules on Notari
al document subject to conditions provided for in the
Practice) 2004 Rules on Notarial Practice. (Sec. 1, Rule IV,
A.M. No. 02-8-13-SC)
4. Q: Who appoints a notary public?
The duties of a notary public, according to Rule VI
SA: A notary public is appointed by the Executive Judge
of of the 2004 Rules on Notarial Practice, are as follows:
the Regional Trial Court where the applicant is applying
for commission. (Sec. 1, Rule II, A.M. No. . 0 02-8-13- 1. Keep, maintain, protect and provide for lawful
9 4h AYE 8-13-SC, inspection a chronological official notarial register
2004 Rules on Notarial ,Practice)
of notarial acts consisting of a permanently bound
5. Q: _ What are the functions of a notary public? book with numbered pages;

SA: The functions of a notary public are as follows: Keep only one active notarial register at any given
time;
1) serve the public as an impartial witness when
important documents are signed; Record in the notarial register at the time of
notarization the necessary information required by
2) guard against any illegal or immoral arrangements;
law;
3) prevent fraud by verifying or authenticating the Record the reasons and circumstances for not
identities of the parties involved in the document:
completing a notarial act;
an
Record the circumstances of any request to inspect
4) keep records of documents he notarized in case it
or copy an entry in the notarial register;
be needed in court.
When the instrument or document is a contract, the
6. Q: What are the powers and duties of a . 9 notary public shall keep an original copy thereof as
not ary public?
(1995 Bar Question) part of his records;
SA: The powers of a notary public are as follows: Give to each instrument or document executed,
1. Perform the following Notarial acts: sworn to, or acknowledged before him a number
corresponding to the one in his register, and shall
a Jurats;
also state on the instrument or document the page/s
b. Oaths and affirmations: of his register on which the same is recorded. No
blank line shall be left between entries;
c. Signature witnessings;
In case of a protest of any draft, bill of exchange or
d. Copy certifications; promissory note, make a full and true record of all
e. Acknowledgments; and proceedings in relation thereto;
f. Other acts; At the end of each week, certify the number of
instruments or documents executed, sworn to,
Certify the affixing of a signature by thumb of
acknowledged, or protested before him;
other mark on an instrument or document subject
to conditions provided for in the 200 4 10. Forward to the Clerk of Court within the first ten
Rules on
Notarial
i Practice; and (10) days of every month a certified copy of each
198 ETHICALLY YOURS NOTARIAL LAW 199
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

month’s entries and a duplicate original copy of 2004 Rules on Notarial Practice) or by the Supreme
any instrument acknowledged; Court.
11. At the time of notarization, the notary’s notarial
register shall be signed or a thumb or other mark 9. Q: Is a notary public disqualified from performing a
affixed by each of the parties and witnesses to the notarial act when the party to the document is a relative
document; by affinity within the 4th civil degree? (2009 Bar
Question)
12. Have the notarial register inspected by any person,
in the presence of the notary, or deny inspection SA: Yes, a notary public is disqualified to notarize the
subject to the conditions of the Rules; document when a party thereto is a relative by affinity or
consanguinity within the fourth civil degree. (Sec. 3 (c),
13. Notify the Executive Judge by any means providing
Rule IV, A.M. No. 02-8-18-SC, 2004 Rules on Notarial
a proper receipt or acknowledgment, including
Practice)
registered mail and also provide a copy of number
of any pertinent police report in case the notarial 10. Q: What evidence of identity does the 2004 Rules on
register is stolen, lost, destroyed, damaged, or Notarial Practice require before a notary public can
otherwise rendered unusable or illegible as a record
officially affix his notarial seal on and sign a document
of notarial acts, the notary public shall, within
presented by an individual whom the notary public does
ten (10) days after informing the appropriate not personally know? (2007 Bar Question)
law enforcement agency in the case of theft and
vandalism; SA: The following evidence of identity is required, by the 2004
Rules on Notarial Practice, before a notary public can
14. Immediately deliver the notarial register and
officially affix his notarial seal on and sign a document
notarial records to the office of the Executive
Judge upon revocation or expiration of a notarial presented by an individual whom he does not personally
commission, or death of the notary public.
know:
“(a) at least one current identification document issued
7. Q: What is the extent of the jurisdiction of a notary public? by an official agency bearing the photograph and
(1995 Bar Question) signature of the individual; or
SA: The jurisdiction of a notary public is any place within
(b) the oath or affirmation of one credible witness not
the territorial jurisdiction of the commissioning court. document or transaction
privy to the instrument,
(Sec. 11, Rule 3, A.M. No. 02-8-1 8-SC) If the territorial
who is personally known to the notary public and
jurisdiction of the commissioning court is a province,
who personally knows the individual, or of two
then the jurisdiction of the notary public shall be co-
credible witnesses neither of whom is privy to the
extensive with the province, or if a city then it shall
instrument, document or transaction who each
be co-extensive with said city. A notary does not have
authority to notarize beyond the limits of his jurisdiction. personally knows the individual and shows to the
notary public documentary identification.” (Sec.
8. Q: Who can revoke a notary’s notarial commission? (1995 12, Rule II, A.M. No. 02-8-13-SC, 2004 Rules on
Bar Question) Notarial Practice)
LOA! The notarial commission may be revoked by the 11. Q: When can Judges of the Municipal Trial Courts (MTC)
Executive Judge of the Regional Trial Court who issued and Municipal Circuit Trial Courts (MCTC) perform
the commission (Sec. 1, Rule XI, A.M. No. 02-8-13-SC, the function of notaries public ex officio, even if the
 200 ETHICALLY YOURS
(YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)
notarization of the documents are not in connection with
the exercise of their official functions and duties? (2007
Bar Question)
SA: Municipal Trial Courts and Municipal Circuit Tria]
Courts judges may perform the function of notaries
public ex officio, even if the notarization of the
documents is not in connection with the exercise of their
official functions and duties, when there are no lawyers
or notaries public in the municipalities or circuits they
are assigned, provided that “(1) all notarial fees charged
shall be for the account of the government and turned
* over to the municipal treasurer; and (2) certification be
made in the notarized documents attesting to the lack
of any lawyer or notary public in such municipality or
circuit.” (Supreme Court Circular No. 1-90)
12. May a lawyer-notary public notarize documents beyond
the territorial jurisdiction of the commissioning court
that issued his commission? Explain.
SA: No, a lawyer—notary public may not and should not
notarize documents beyond his territorial jurisdiction.
Notarizing a document beyond his territorial jurisdiction
is a violation of the 2004 Rules on Notarial Practice.
(Sec. 2(a), Rule IV, A.M. No. 02-8-18-SC) It is considered
malpractice of law and falsification and amounts to
engaging in deliberate falsehood because the public is
made to believe that he is duly commissioned in that
area outside his territorial commission. Such an act is a
violation of lawyer’s oath. (Laquindanum v. Quintana,
A.C. No. 7036, 29 June 2009)
13. Atty. Z, a notary public commissioned in Quezon City,
attended a wedding at Makati. B requested Z to notarize
a deed of sale executed between X and Y who were both
in Baguio City. Atty. Z who has a portable notarial
seal, notarized the document. Subsequently, X assailed
the document alleging that his signature thereon was
falsified. X filed a case for disbarment against Atty. Z.
a) What is the liability of Atty. Z, if any? Explain.
b) Where should the complaint for disbarment be
filed? (1996 Bar Question)
NOTARIAL LAW 201
a) Atty. Zis administratively and criminally liable.
SA:
He is administratively liable because he
violated the 2004 Rules on Notarial Practice, he: (1)
notarized a document not only outside his regular
place of work or business but worse outside his
territorial jurisdiction (Sec. 2 (a), Rule IV, A.M.
No. 02-8-18-SC) “the act of notarizing documents
outside one’s area of commission is not to be taken
lightly” (Laquindanum v. Quintana, A.C. No. 7036,
29 June 2009); (2) notarized a document where
the persons involved as signatories were not in
his presence (Sec. 2 (b)(1), Rule IV, A.M. No. 02-
8-13-SC); and 8) violated the Code of Professional
Responsibility (CPR) by committing a criminal act.
“A lawyer shall uphold the Constitution, obey the
laws of the land and promote respect for law and
legal processes.” (Canon 1, CPR)’
He is also criminally liable because he
violated Article 171 (2) of the Revised Penal Code
(Falsification by x x x notary x x x). He made
it appear that X and Y were in his presence and
acknowledged executing the deed of sale before him
when he notarized the said deed, when in truth and
in fact they were not there and did not do so.
b) The complaint for disbarment against Atty. Z may
be filed with the Supreme Court or the Integrated
Bar of the Philippines, or its chapter to which he is
member (Rule 189-B, Revised Rules of Court).
14. Atty. Panyero, a notary public, notarized a document
prepared by spouses Macho and Sexy. It stated therein
that Macho and Sexy formally agrees to live separately
from each other and each can have a live-in partner with
the full consent of the other. Bakling, the son of Macho
and Sexy, was angered by the said formal agreement
of his parents, he then filed a complaint against Atty.
Panyero before the Supreme Court. Atty. Panyero
explains that he notarized the agreement because Macho
and Sexy were not anymore happy living together and
he wants them to find their true love.
202 ETHICALLY YOURS
‘ (YOUR LEGAL AND JUDICIAL ETHICS REVIEWER)

Can Atty. Panyero be held liable for notarizing

such an agreement when he just wants the parties to be
happy?
SA: Yes, Atty. Panyero can be held administratively liable. SOURCES
He violated Rule 1.02 of the Code of Professional .. . _
Responsibility which states that “A lawyer shall not I — AGPALO, Legal and Judicial Ethics, 2009, 8th Edition
counsel or abet activities aimed at defiance of the law
or at lessening confidence in the legal system.” The JI — FUNA, Legal and Judicial Ethics, 2009 Edition
agreement of spouses Macho and Sexy to live separately
from each other and that either one could have a Til — PINEDA, Legal Ethies Annotated, 2009 Edition
live-in
partner with the full consent of the other is contrary to IV — UP LAW COMPLEX, ANSWERS TO BAR EXAMINATION
‘law and morals. He should not have notarized such an QUESTIONS IN LEGAL ETHICS AND PRACTICAL
illegal or immoral contract or agreement. His ratification EXERCISES (1987-2010), 2014
of such a contract, aimed to defy our laws, constitutes
malpractice or gross misconduct in office. He should have
counseled the spouses that their agreement is illegal
and void and cannot have any binding or legal effect. (In
re: Santiago, 70 Phil. 661; Panganiban v. Borromeo, 58
Phil. 367; In re: Bucana, 72 SCRA 14)

203