2023

PRE-WEEK
NOTES

REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS

AND PRACTICAL EXERCISES
AUSL BAR OPERATIONS COMMISSION
 DISCLAIMER

DISCLAIMER: The Pre-Week Notes represent the collective

efforts of the selfless and heroic Student Volunteers of the
Arellano Law Bar Operations Commission. Its primary purpose
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classes.

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“To all men and women who will walk this path, we humbly
offer this noble endeavor for you. May this be a lighting guide
through the steep and uncertain road until such time you
become the very light in another’s life, liberty and property— the
lawyer ablaze with grit and hope to guide lost causes toward
the right path.”
 PHILIPPINE COPYRIGHT

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To God be the Glory!

 ARELLANO UNIVERSITY SCHOOL OF LAW

ATTY. DOMINGO M. NAVARRO

Dean, AUSL

ATTY. ERIK LAZO

Assistant Dean, AUSL

CENTER FOR LEGAL EDUCATION AND RESEARCH

ATTY. RODERICK M. VILLOSTAS

Director

ATTY. RICKSON M. BUENVIAJE

ATTY. LESTER NAZARENE V. OPLE
ATTY. ANTONY J. PARREÑO
Research Fellows

BRANDO F. DE TORRES
MARICAR S. ASUNCION
Research Staff
 BAR OPERATIONS COMMISSION EXECUTIVE COMMITTEE

TRISHA ALEXIS R. MAINGAT

Chairperson

HAZEL ELIZA L. MENDOZA IRISH ANA A. SALINAS

Vice Chairperson for Academics Vice Chairperson for Administration

MA. PATRICIA NICOLE G. REYES

Secretary

GRACE PEREZ - SONIDO

Treasurer

LANIE GRACE S. LIM

Auditor

JED NICU DANIELLE V. MADRIAGA

Operations Head

JAMAELA CHERINA MARIE A. CALINISAN

Public Relations Officer

MA. DHELLTRIA G. GARNER

Volunteer Core Head

ARTHUR JAY DELA CRUZ

Ways and Means Officer
 LEGAL AND JUDICIAL ETHICS

NIKKA MAE B. MORALES

Commissioner

KRISTY ANNE CHUA

Deputy Commissioner

SUBJECT HEADS

MIKE JAY J. BAÑU

Subject Head, Practical Exercises (Civil Law and Criminal Law); Deputy Subject Head, Legal
Ethics, Suspension, Disbarment and Discipline of Lawyers (Rule 139; Rule 139-B)

CAMILLE B. ASI
Subject Head, Legal Ethics, Suspension, Disbarment and
Discipline of Lawyers (Rule 139; Rule 139-B)

MEMBERS

IANA DEIRDRE C. DULDULAO

PAULEEN JOYCE L. GENERAL
CHRISTINE ANN A. GENEROSO
SHAYNE V. LUNA
JOHN IAN V. NACINO
MARY ANN THERESE P. NOVALES
GEMY HALE A. PROVIDO
DANIELLE DENISE M. ROBLES
PATRICIA ALEN C. YUMA
 I. LEGAL ETHICS

1. Define legal ethics?

Legal ethics is the embodiment of all principles of morality and refinement that should govern the
conduct of every member of the bar. It has also been broadly defined as the living spirit of the
profession, which limits yet uplifts it as a livelihood (Agpalo, Legal and Judicial Ethics, 2020, p.2).

A. PRACTICE OF LAW

1. Basic Concepts

a. Definition of the Practice of Law

2. What is the meaning of Practice of Law?

Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice of law is to perform those
acts which are characteristics of the profession. Generally, to practice law is to give notice or render
any kind of service, which device or service requires the use in any degree of legal knowledge or
skill (Cayetano vs. Monsod, G.R. No. 100113, September 3, 1991).

b. Practice of Law as a Privilege, Not a Right

3. Explain why the practice of law is a privilege, not a right.

The practice of law is not a natural, property or constitutional right but a mere privilege, a privilege
clothed with public interest because a lawyer owes substantial duties not only to his client,
but also to his brethren in the profession, to the courts, to the nation, and takes part in
one of the most important functions of the State, the administration of justice, as an officer of the
court. (In Re: IBP Membership Dues Delinquency of Atty. Marcial A. Edillon, A.M. No. 1928, August
3, 1978).

4. Explain why the practice of law is a privilege burdened with conditions.

The practice of law is a privilege burdened with conditions because adherence to the rigid standards
of menial fitness, maintenance of the highest degree of morality and faithful compliance with the
rules of the legal profession are the conditions required for remaining a member of good standing
of the bar and for enjoying the privilege to practice law. At all times, members of the legal profession
must remain highly ethical and should observe faithful compliance with the rules of the profession.
(Manalang vs. Atty. Buendia, A.C. No. 12079, November 10, 2020)

c. Law as a Profession, Not a Business or Trade

5. Explain why the concept “Practice of law is a profession, not a business.”

Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital
that necessarily yields profits. The gaining of a livelihood is not a profession but a secondary
consideration. Duty to public service and to the administration of justice should be the primary
consideration of lawyers, who must subordinate their personal interests or what they owe to
themselves. The practice of law is a noble calling in which emolument is a byproduct, and the highest

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 eminence may be attained without making much money (Burbe v. Atty. Magulta, A.C. No. 99-634,
June 10, 2002).

6. What are the primary characteristics which distinguish the legal profession from a
business?

The primary characteristics which distinguish the legal profession from a business are the following:
a. A duty of public service, of which the emolument is a by-product, and in which one may attain
the highest eminence without making much money;
b. A relation as an ‘officer of court’ to the administration of justice involving thorough sincerity,
integrity, and reliability;
c. A relation to clients in the highest degree fiduciary; and
d. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort
to current business methods of advertising and encroachment on their practice, or dealing
directly with their clients (Petition for Authority to Continue Use of the Firm Name “Sycip, Salazar,
Feliciano, Hernandez & Castillo, G.R. No. X92-1, July 30, 1979).

2. Qualifications for Admission to the Bar (Bar Matter No. 1153)

7. What are the qualifications for Admission to the Bar?

The following are the requirements for the admission to the bar:
a. Good moral character (continuing imposition / requirement);
b. Resident of the Philippines;
c. At least 21 years of age;
d. Citizen of the Philippines;
e. Must produce satisfactory evidence of good moral character;
f. No charges against him, involving moral turpitude, have been filed or are pending in any court
in the Philippines (Rule 138, Sec.2);
g. Must have complied with the academic requirements (Rule 138, Secs. 5-6, as amended by B.M.
No. 1153);
h. Pass the Bar Examinations (Rule 138, Secs. 7-14);
i. Take the Lawyer’s Oath (Rule 138, Sec. 17); and
j. Sign the Roll of Attorneys and receive from the clerk of court of the Supreme Court a certificate
of license to practice (Rule 138, Sec. 19).

NOTE: A successful bar candidate who was allowed to sign by the Clerk of the Supreme Court to
sign in the Roll of the Attorney’s but was unable to take an oath although he has paid his IBP dues
and listed as “qualified voter” in IBP affairs, cannot be admitted to the Bar (In re: Elmo S. Abad,
B.M. No. 139, March 18, 1983).

8. What are the pre-law academic requirements to be admitted to the Bar?

An applicant must have pursued and satisfactorily completed in an authorized and recognized
university, college or school the following:
1. A four-year high school course;
2. A course of study prescribed for a bachelor’s degree in arts or sciences; and
3. A Filipino citizen who completed and obtained his or her Bachelor of Laws degree or its
equivalent in a foreign law school must present proof of having completed a separate bachelor’s
degree course (Rule 138, Sec. 6, as amended by B.M. No. 1153).

9. What is a moral turpitude?

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 It has been defined as everything which is done contrary to justice, modesty, or good morals; an
act of baseness, vileness, or depravity in the private and social duties which a man owes his
fellowmen, or to society in general, contrary to justice, honesty, modesty, or good morals (Soriano
vs. Dizon, A.C. No. 6792, January 25, 2006).

Note: Not every criminal act, however, involves moral turpitude. However, the crime of falsification
of public documents is a crime involving moral turpitude since the principal act punished in the crime
of falsification of public document is the violation of the public faith and the destruction of truth as
therein solemnly proclaimed, the elements of the administrative offense of conviction of a crime
involving moral turpitude clearly exist in this case. (Pagaduan vs. Civil Service Commission and
Salvador, GR No. 206379, November 19, 2014.

The following acts as crimes involves moral turpitude:

Abduction with consent, bigamy, concubinage, smuggling, rape, attempted bribery, profiteering,
robbery, murder, estafa, theft, illicit sexual relations with a fellow worker, violation of Batas
Pambansa Blg. 22, intriguing against honor, violation of the Anti-Fencing Law, violation of the
Dangerous Drugs Act, perjury, forgery, direct bribery, frustrated homicide, adultery, arson, evasion
of income tax, barratry, blackmail, bribery, duelling, embezzlement, extortion, forgery, libel, making
fraudulent proof of loss on insurance contract, mutilation of public records, fabrication of evidence,
offenses against pension laws, perjury, seduction under the promise of marriage, estafa, falsification
of public document, and estafa thru falsification of public document. (Office of the Court
Administrator vs. Ruiz, A.M. No. RTJ-13-2361, February 2, 2016).

10. Can a Filipino citizen who graduated from a foreign law school be admitted to take the
bar?

Yes but subject to certain conditions. A Filipino citizen may be admitted to take the bar examinations
ONLY upon submission to the Supreme Court of certifications showing the following:
1. A completion of all courses leading to the degree of Bachelors of Laws or its equivalent degree;
2. Recognition or accreditation of the law school by the proper authority; and
3. Completion of all 4th year subjects of the Bachelors of Laws academic program in a law school
duly recognized by the Philippine Government (Rule 183, Sec. 5, as amended by B.M. No. 1153).

11. James graduated from Arellano University with the degree of Bachelors of Law in 1979
and passed the same year’s bar examination. On May 7, 1980, he took the Lawyer’s Oath
together with other successful bar examinees. He was scheduled to sign in the Roll of
Attorneys on May 13, 1980, but he failed to do so on his scheduled date, because he had
to attend a friend’s wedding in his home province. Several years later, James found the
Notice to Sign the Roll of Attorneys but he was already working. Thus, he believed that
“the matter of signing in the Roll of Attorneys lost its urgency and compulsion”. When
James attended the Mandatory Legal Educations seminars, he was required to provide
his roll number in order for his compliances to be credited. Not having signed in the Roll
of Attorneys, he was unable to provide his roll number. James then filed a petition
praying that he be allowed to sign the Roll of Attorneys.

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 Can James engage in the practice of law even without signing the roll of attorneys?
Explain briefly.

No. A bar passer who failed to sign the Roll of Attorneys is not a full-fledged member of the Philippine
Bar, as it was the act of signing that would make him so. While an honest mistake of fact could be
used to excuse a person from the legal consequences of his acts as it negates malice or evil motive,
a mistake of law cannot be utilized as a lawful justification, because everyone is presumed to know
the law and its consequences. Ignorantia facti excusat; ignorantia legis neminem excusat.

In this case, the moment James realized that what he had signed was merely an attendance record,
he could no longer claim an honest mistake of fact as a valid justification. At that point, James should
have known that he was not a full-fledged member of the Philippine Bar because of his failure to
sign in the Roll of Attorneys. When, in spite of this knowledge, he chose to continue practicing law
without taking the necessary steps to complete all the requirements for admission to the Bar, he
willfully engaged in the unauthorized practice of law. (In Re: Petition to Sign in the Roll of Attorneys,
Michael A. Medado, B.M. No. 2540, September 24, 2013)

12. Can a person who passed the Shari’a Bar use the title of “Attorney”?

No, the Court declared that persons who pass the Shari’a Bar are not full-fledged members of the
Philippine Bar, hence may only practice law before Shari’a courts. While one who has been admitted
to the Shari'a Bar, and one who has been admitted to the Philippine Bar, may both be considered
"counsellors," in the sense that they give counsel or advice in a professional capacity, only the latter
is an attorney." The title of "attorney" is reserved to those who, having obtained the necessary
degree in the study of law and successfully take the Bar Examinations, have been admitted to the
Integrated Bar of the Philippines and remain members thereof in good standing; and it is they only
who are authorized to practice law in this jurisdiction.

Regardless of the pejorative connotations to the term, ”counsellor” or “counsellor-at-law”, or the

confusing similarity to that given to local legislators. The disinclination to use the title of "counsellor"
does not warrant a person who passed the Shari’a Bar the right to use the title of attorney. (Alawi
v. Alauya, A.M. No. SDC-97-2-P, February 24, 1997)

3. Continuing Requirements for Membership in the Bar

13. What are the continuing requirements for the practice of law?

The following are the continuing requirements for the practice of law:
1. Payment of Professional Tax (Sec. 139, Republic Act No. 7160);
2. Membership in the IBP (Rule 138, Sec. 1);
3. Payment of IBP dues (Rule 139-A, Sec. 10);
4. Good and regular standing (Rule 138, Sec. 1);
5. Compliance with the Mandatory Continuing Legal Education (MCLE) Requirements (B.M. No.
850, effective October 2, 2001);
6. Possession of good moral character (In re: of the Admission to the Bar and Oath-Taking of
Successful Bar Applicant Argosino, B.M. No. 712, July 13, 1995) ; and
7. Compliance with the Citizenship Requirement (Petition for Leave to Resume Practice of Law,
Benjamin M. Dacanay, B.M. No. 1678, December 17, 2007).

14. Is the requirement of good moral character is only a condition precedent to admission
to the practice of law.

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 No, the requirement of good moral character is not only a condition precedent to admission
to the practice of law, its continued possession is also essential for remaining in the
practice of law. Good moral character is what a person really is, as distinguished from good
reputation, the estimate in which he is held by the public in the place where he is known. Moral
character is not a subjective term but one which corresponds to objective reality. Good moral
character includes at least common honesty.

The disclosure requirement is imposed by the Court to determine whether there is satisfactory
evidence of good moral character. The nature of whatever cases are pending against him would aid
the Court in determining whether he is endowed with the moral fitness demanded of a lawyer. By
concealing the existence of such cases, Oliver then flunks the test of fitness even if the cases are
ultimately proven to be unwarranted or insufficient to impugn or affect his good moral character.
(In the Matter of the Disqualification of Bar Examinee Haron S. Meling In The 2002 Bar Examinations
and For Disciplinary Action As Member of The Philippine Shari’a Bar, B.M. No. 1154, June 8, 2004) .

15. Eric, a known tax lawyer in Iloilo, became a member of the Integrated Bar of the
Philippines (IBP) in 1974. He migrated to the United States and became an American
citizen in 1989. In 2006, Eric reacquired his Philippine citizenship by taking the oath of
allegiance as a Filipino citizen before the Philippine consulate in Washington, D.C. in the
United States. He now intends to return to Iloilo and resume legal practice.

Can he continue to practice law in the Philippines? Explain briefly.

Yes. The Supreme Court may grant that the Filipino lawyer who reacquires Filipino citizenship
pursuant to R.A. No. 9225, resumes his law practice provided:
a. He updates and pays in full of the annual IBP membership dues
b. He pays his Professional Tax;
c. He completes at least thirty-six (36) credit hours of mandatory continuing legal education to
refresh his knowledge of Philippine laws and update him of legal developments; and
d. He retakes the Lawyer’s Oath to remind him of his duties and responsibilities as a lawyer and
as an officer of the Court, with his pledge to maintain allegiance to the Republic of the
Philippines

Compliance with these conditions will restore his good standing as a member of the Philippine bar.
(Petition for Leave to Return Practice of Law, Benjamin M. Dacanay, Bar Matter No. 1678, December
17, 2007).

4. Appearance of Non-lawyers

a. Law Student Practice Rule (Rule 138-A, as amended by A.M. No. 19-03-24-SC)

16. Distinguish the rules on Appearances of Non-Lawyers under Section 34, Rule 138 and
Rule 138-A.

RULE 138, SEC. 34
In the court of justice of peace, 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.
RULE 138-A, SEC. 3, AS AMENDED BY A.M. NO. 19-
03-24-SC
No law student shall be permitted to engage in any of the
activities under the Clinical Legal Education Program of a
law school unless the law student has applied for and
secured the following certifications:
1. Level 1 certification, for law students who have
successfully completed their first-year law courses;
2. Level 2 certification, for law students currently enrolled
for the second semester of their third-year law courses:

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 RULE 138, SEC. 34 RULE 138-A, SEC. 3, AS AMENDED BY A.M. NO. 19-
03-24-SC
Provided however, where a student fails to complete all
their third-year law courses, the Level 2 shall be
deemed automatically revoked.

The certification issued shall be valid until the student has

completed the required number of courses in the Clinical
Legal Education Program to complete the law degree,
unless sooner revoked for grounds stated herein.

General Rule: Only those who are licensed to practice law can appear and handle cases in court.

There is really no problem as to the application of Section 34 of Rule 138 and Rule 138-A, as
amended. In the former, the appearance of a non-lawyer, as an agent or friend of a party litigant,
is expressly allowed, while the latter rule provides for conditions when a law student, not as an
agent or a friend of a party litigant, may appear before the courts.

Section 34, Rule 138 is clear that an appearance before the inferior courts by a non-lawyer is allowed,
irrespective of whether or not he is a law student. As succinctly clarified in Bar Matter No. 730, by
virtue of Section 34, Rule 138, a law student may appear, as an agent or a friend of a party litigant,
without the supervision of a lawyer before inferior courts (Cruz, vs. Mina, G.R. No. 154207, April 27,
2007).

b. Non-lawyers in Courts and/or Administrative Tribunals

17. What are the instances when a non-lawyer may appear in Courts?

a. In Criminal Cases Before the MTC;

In a locality where a duly licensed member of the Bar is not available, the judge may appoint a
non-lawyer who is:

a.) A resident of that province; and

b.) Of good repute for probity and ability to aid the accused. (Rule 116, Sec. 7)

b. In Civil Cases Before the MTC;

A party may conduct his case or litigation in person with the aid of an agent or friend appointed
by him. (Rule 138, Sec. 34)

c. In Civil Cases Before Any Other Court;

A party may conduct his litigation personally or by aid of an attorney, and his appearance must
be either personal or by a duly authorized member of the bar. (Rule 138, Sec. 34).

d. Under the Cadastral Act

Any person claiming any interest in any part of the lands, whether named in the notice or not,
shall appear before the Court by himself, or by some person in his behalf and shall file an answer
on or before the return day or within such further time as may be allowed by the Court. (Sec.
9, Act no. 2259).

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18. What are the instances when a non-lawyer may appear in Administrative or Labor
Tribunals?

1. Under the Labor Code, non-lawyers may appear before the NLRC or any Labor Arbiter, if:

a.) They represent themselves;

b.) They represent their organization or members thereof (Art 222, PD 442, as amended);
c.) If they are duly accredited members of any legal aid office duly recognized by the Department
of Justice, or the Integrated Bar of the Philippines in cases referred to by the latter (Lapena,
2009); or
d.) The owner or president of a Corporation or establishment which is a party to the case (Sec.
6(b), 2011 NLRC Rules of Procedure).

He is not, however, entitled to attorney’s fees under Article 222 of the Labor Code for not being a
lawyer. (Five J. Taxi v. NLRC, G.R. No. 111474, August 22, 1994)

2. A non-lawyer may represent a party before the Department of Agrarian Reform Adjudication
Board (DARAB) ( Rule VII, Sec. 1, DARAB Rules of Procedure);

3. Any official or other person appointed or designated in accordance with the law to appear for
the Government of the Philippines or any of its officials (Rule 138, Sec. 33);

c. Proceedings Where Lawyers are Prohibited to Appear as Counsels

19. In what proceedings are lawyers prohibited from appearing?

a. In Small Claims Cases.

No attorney shall appear on behalf of, or represent a party at the hearing, unless the attorney
is the plaintiff or defendant. (Sec. 17, A.M. No. 08-8-7-SC);

b. In all Katarungang Pambarangay Proceedings.

The parties must appear in person without the assistance of counsel or representative, except
for minors and incompetents who may be assisted by their next-of-kin who are not lawyers (Sec.
415, Republic Act No. 7160);

c. No Senator or Member of the House of Representatives may personally appear as

counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies (Sec. 14, Art. VI, 1987 Constitution);

d. Before the National Commission on Indigenous Peoples.

GENERAL RULE: Lawyers are prohibited to appear as counsel for any party.

EXCEPTION: When such a lawyer is appearing in his/her capacity as a member of the council
of elders or due to his/her obligation as a member of the Indigenous People‘s Community or for
the purpose of defending or prosecuting his/ her case (A.O. No. 1, series of 2003, pursuant to
Sec. 44(o) and 69(a), R.A. 8371).

5. Prohibited Practice of Non-lawyers and Appearance Without Authority

20. Who is a shyster?

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 A shyster is one who lives by sharp practices and whose sole consideration in accepting a case is
the offered fee. (Jimenez vs. Reyes, G.R. No. L-8227, March 9,1914)

21. What are the sanctions given to a lawyer who practices law without authority?

An attorney willfully appearing in court for a person without being employed, unless by leave of the
court, may be punished for contempt as an officer of the court who has misbehaved in his official
transaction (Rule 138, Sec. 21).

Attorneys who are suspended or disbarred but continue to engage in the practice of law are liable
for contempt in court, punishable by fine or imprisonment or both upon the discretion of the court
(Beltran vs. Abad, A.M. No. 139, March 28, 1983).

NOTE: Section 7 of R.A. No. 6713 generally provides for the prohibited acts and transactions of
public officials and employees.

Gen. Rule: Subsection (b) (2) prohibits them from engaging in the private practice of their
profession during their incumbency.

Exception: A public official or employee can engage in the practice of his or her profession under
the following conditions: first, the private practice is authorized by the Constitution or by the law;
and second, the practice will not conflict, or tend to conflict, with his or her official functions. (Query
of Atty. Silverio-Buffe, A.M. No. 08-6-352-RTC, August 19, 2009).

22. Atty. Trillo entered his appearance in a case as a private prosecutor and he also filed
several pleadings. The client later on learned that Atty. Trillo was serving his suspension
from the practice of law. Despite due notice, Atty. Trillo failed to file a comment and to
appear during the mandatory conference before the Commission on Bar Discipline of the
Integrated Bar of the Philippines (IBP).

Eventually, the Investigating Commissioner submitted his Report and

Recommendation, recommending that respondent be meted the penalty of suspension
for another year from the practice of law for his unauthorized practice of law. Is Atty.
Trillo guilty of unauthorized practice of law?

Yes. Atty Trillo's unauthorized practice of law is considered a willful disobedience to lawful order of
the court, which under Section 27, Rule 138 of the Rules of Court is a ground for disbarment or
suspension.

The Court can no longer impose penalty upon the disbarred lawyer, it can still give the corresponding
penalty only for the sole purpose of recording it in his personal file with the OBC, which should be
taken into consideration in the event the disbarred lawyer filed a petition to lift his disbarment. The
Court may also impose a fine. Thus, even if Atty Trillo has already been disbarred, the Court deems
it proper to give the corresponding penalty of six (6) months suspension from the practice of law
for the sole purpose of recording it in his personal file in the OBC and also imposing upon the same
a penalty of fine. (Valmonte vs. Atty. Quesada, Jr., A.C. No. 12487, December 04, 2019)

23. Attorney in Somalia is giving free books on Somalia divorce through Den Legal Clinic.
The clinic appears to render wedding services but claims that it is not engaged in the
practice of law but in the rendering of "legal support services" through paralegals with
the use of modern computers and electronic machines. Den Legal Clinic stated that the
services advertised are legal services, the act of advertising these services should be
allowed. Purely giving informational materials may not constitute practice of law. The
business is similar to that of a bookstore where the customer buys materials on the

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 subject and determines on the subject and determines by himself what courses of action
to take. Is such practice considered as unauthorized practice of law?

Yes. A non-lawyer, such as the Legal Clinic, who renders such services is engaged in the
unauthorized practice of law. Although purely giving information, Den Legal Clinic's paralegals may
apply the law to the particular problem of the client, and give legal advice. Such would constitute
unauthorized practice of law. In the absence of constitutional or statutory authority, a person who
has not been admitted as an attorney cannot practice law, for the proper administration of justice
cannot be hindered by the unwarranted intrusion of an unauthorized and unskilled person into the
practice of law. (Ulep vs. The Legal Clinic, Inc.,B.M. No. 533, June 17, 1993)

6. Public Officials and the Practice of Law

7.
a. Prohibitions and Disqualifications of Former Government Attorneys

24. What is the rationale behind the prohibitions and disqualifications of former
government attorneys in the practice of law?

To avoid conflict of interests, to preclude the lawyer from using secrets or information learned in his
official capacity, or to prevent the appearance of impropriety. (Agpalo, Legal and Judicial Ethics,
2020, p. 96).

A lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said service (Rule 6.03, Code of
Professional Responsibility).

25. Distinguish Adverse Interest from Congruent Interest.

ADVERSE INTEREST CONGRUENT INTEREST

As to the definition

Adverse-interest conflicts exist where the matter in which the Congruent-interest representation
former government lawyer represents a client in private conflicts are unique to government
practice is substantially related to a matter that the lawyer lawyers and apply primarily to former
dealt with while employed by the government and the government lawyers.
interests of the current and former are adverse.
(In Re: Atty. Romulo P. Atencia, A.C. No. 8911, July, 8, 2019)

b. Public Officials Who Cannot Practice Law or Can Practice Law with Restrictions

26. Who are the Public Officials who cannot practice law?

1. Those who, by special law, are prohibited from engaging in the practice of their legal profession,
but if so authorized by the department head, he may, in an isolated case, act as counsel for a
relative or close family friend (Noriega c. Sison, A.C. No. 2266, October 27, 1983);

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 2. No Senator as member of the House of Representatives may personally appear as counsel before
any court of justice as before the Electoral Tribunals, as quasi-judicial and other administration
bodies (Sec. 14, Art. VI, 1987 Constitution);
3. Judges and other officials or employees of the superior court or of the Office of the Solicitor
General (Rule 138, Sec. 35);
4. Members of the Judicial Bar Council (Sec. 12, Art. VIII, 1987 Constitution);
5. Members of the Constitutional Commissioners such as the Civil Service Commission, the
Commission on Elections, and the Commission on Audit (Sec. 2, Art. IX-A, 1987 Constitution);
6. Ombudsman and his deputies (Sec. 8, Art. XI, 1987 Constitution);
7. All governors, city and municipal mayors (Sec. 90, Republic Act. No. 7160);
8. Government prosecutors (People v. Villanueva, G.R No. L-19450, May 27, 1965);
9. President, Vice-President, members of the cabinet, their deputies, and assistants (Sec. 13, Art.
VII, 1987 Constitution).

27. Who are the Public Officials who can practice law but with restrictions?

1. No officer or employee shall engage directly in any private business, vocation, or profession or
be connected with any commercial, credit, agricultural, or industrial undertaking without a
written permission from the head of the Department: Provided, That this prohibition will
be absolute in the case of those officers and employees whose duties and responsibilities require
that their entire time be at the disposal of the Government: Provided, further, That if an
employee is granted permission to engage in outside activities, the time so devoted outside of
office hours should be fixed by the chief of the agency to the end that it will not impair in any
way the efficiency of the officer or employee: And provided, finally, That no permission is
necessary in the case of investments, made by an officer or employee, which do not involve any
real or apparent conflict between his private interests and public duties, or in any way influence
him in the discharge of his duties, and he shall not take part in the management of the enterprise
or become an officer or member of the board of directors (Sec. 12, Rule XVIII, Revised Civil
Service Rules, Memorandum Circular No. 17);

2. Sanggunian members may practice their professions provided that if they are members of the
Bar, they shall not:
a. Appear as counsel before any court in any civil case wherein a local government unit or any
office, agency, or instrumentality of the government is the adverse party;
b. Appear as counsel in any criminal case wherein an officer or employee of the national or
local government is accused of an offense committed in relation to his office;
c. Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official;
d. Use property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government (Sec. 90(b), Republic Act 7160).

7. Lawyers Authorized to Represent the Government

28. Who are the lawyers authorized to Represent the Government?

Any official or other person appointed or designated in accordance with law to appear for the
Government of the Philippines shall have all the rights of a duly authorized member of the bar to
appear in any case in which said government has an interest direct or indirect (Rule 138, Sec. 33,
Rule of Court).

8. The Lawyer’s Oath

29. State the Lawyer’s Oath.

10
 “I,________________________, do solemnly swear that I will maintain allegiance to the Republic
of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the
duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court;
I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion, with all good fidelity as well to the courts as
to my clients; and I impose upon myself these voluntary obligations without any mental reservation
or purpose of evasion. So help me God.”

NOTE: New Lawyer’s Oath under the Code of Professional Responsibility and
Accountability

“I do solemnly swear that I accept the honor, privilege, duty, and responsibility of practicing law in
the Philippines as an officer of the Court in the interest of our people.

I declare fealty to the Constitution of the Republic of the Philippines.

In doing so, I shall work towards promoting ‘the rule of law and a regime of truth, justice, freedom,
love, equality and peace.’

I shall conscientiously and courageously work for justice, as well as safeguard the rights and
meaningful freedoms of all persons, identities and communities. I shall ensure greater and equitable
access to justice. I shall do no falsehood nor shall I pervert the law to unjustly favor or prejudice
anyone. I shall discharge these duties and responsibilities to the best of my ability, with integrity,
and utmost civility. I impose all these upon myself without mental reservation nor purpose of
evasion.

So help me, God.”

B. DUTIES AND RESPONSIBILITIES OF A LAWYER UNDER THE CODE OF PROFESSIONAL

RESPONSIBILITY
1. To Society (Canons 1 to 6)

30. What is the difference between “Barratry” and “Ambulance Chasing”? (1993 BAR)

BARRATRY AMBULANCE CHASING

As to definition
Barratry is improper and unethical because Ambulance chasing is improper and unethical because
it is an offense of stirring up suits and it is an act by a lawyer or his agent of improper
quarrels and offering his (lawyer) services solicitation usually in disaster or accident sites,
to one party. instigating victims to file lawsuits.

31. Chloe charged Debra with estafa before the barangay for misappropriating the proceeds
of sale of jewelry on commission. In settlement of the case, Debra turned over to the
barangay captain, a lawyer, the amount of P2,000.00 with the request that the barangay
captain turn over the money to Chloe. Several months passed without Chloe being
advised of the status of her complaint, Chloe contacted Debra who informed her that
she (Debra) had long before turned over the amount of P2,000.00 to the barangay
captain who undertook to give the money to her (Chloe). Chloe thus filed a case against

11
 the barangay captain who at once remitted the amount of P2,000.00 to Chloe. May the
barangay captain be faulted administratively?

Yes. As a general rule, a lawyer who holds a government office may not be disciplined as a member
of the bar for misconduct in the discharge of his office as a government official. However, if that
misconduct as a government official is of such character as to affect his qualification as a lawyer or
to show moral delinquency, then he may be disciplined as a member of the bar on such grounds.
(Dinsay v. Cioco, A.C. No. 2995, November 27, 1996)

32. City Prosecutor Philip prosecuted the criminal case for the murder of the city mayor
against the accused Reynaldo, the losing mayoralty candidate. There was no private
prosecutor and Phillip personally handled the prosecution of the case from arraignment
up to the presentation of the evidence for the accused. Before the trial, Alfonso
approached Phillip and confessed that he is the killer of the city mayor and not Reynaldo.
When the case was called for trial, Phillip manifested before the court that Alfonso
approached him and admitted that he killed the mayor and asked the court for whatever
proper action it may take. The counsel for the accused took advantage of the presence
of Alfonso, who was placed on the witness stand and elicited testimonial evidence.

The court eventually acquitted Reynaldo. The heirs of the city mayor filed a disbarment
case against Phillip on the ground that it is his duty to see to it that the criminal is
convicted and punished. They believed Reynaldo is the real killer and Alfonso was only
a fall guy and that Reynaldo could not have been acquitted were it not for the disclosure
of Phillip. Phillip argues that the City Prosecutor is not for the offended party or the heirs
of the victim but it is his main duty that “Justice be done”. Did Phillip commit any
violation of the CPR? (2016 BAR)

No, Phillip did not commit any violation of the Code of Professional Responsibility. Rule 6.01 states
that “the primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done. The suppression of facts or the concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is cause for disciplinary action”. A prosecuting
officer is a representative not of an ordinary party in a controversy, but of a sovereignty whose
obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest,
therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.
(Suarez v. Platon, 69 Phil. 556, G.R. No. 46371, 7 February 1990)

33. What is the difference between an "immoral conduct" and a "grossly immoral conduct"?

IMMORAL CONDUCT GROSSLY IMMORAL CONDUCT

As to Definition
Involves acts that are willful, flagrant, or Immoral conduct is gross when it is so corrupt as to
shameless, and that show a moral constitute a criminal act, or so unprincipled as to be
indifference to the opinion of the upright reprehensible to a high degree, or when committed under
and respectable members of the such scandalous or revolting circumstances as to shock
community. the community's sense of decency.
(Perez v. Catindig, A.C. No. 5816, March 10, 2015)

34. Can a disbarred lawyer’s name be part of a firm’s name?

No, maintaining a disbarred lawyer's name in the firm name is different from using a deceased
partner's name in the firm name. Canon 3, Rule 3.02 allows the use of a deceased partner's name
as long as there is an indication that the partner is deceased. This ensures that the public is not
misled. On the other hand, the retention of a disbarred lawyer's name in the firm name may mislead

12
 the public into believing that the lawyer is still authorized to practice law. (Yu Kimteng vs. Young,
G.R. No. 210554, August 05, 2015)

35. 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. What
provisions of the Code of Professional Responsibility did you possibly violate?

Under the Code of Professional Responsibility, a lawyer shall not engage in lawful, dishonest,
immoral or deceitful conduct (Rule 1.01, Canon 1, Code of Professional Responsibility) and shall not
counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system
(Rule 1.02, Canon 1, Code of Professional Responsibility).

36. 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.

No. It is unethical to lower my rates on the condition set by the businessman. The practice of law is
a profession and not a trade. “A lawyer shall not charge rates lower than those customarily
prescribed unless circumstances so warrant.” (Rule 2.04, Canon 4, Code of Professional
Responsibility) 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 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 (Cabochan, Ethically Yours, 2018 , p.36).

2. To the Legal Profession (Canons 7 to 9)

37. Atty. Kuripot was one of Town Bank's valued clients. In recognition of his loyalty to the
bank, he was issued a gold credit card with a credit limit of P250,000.00. After two
months, Atty. Kuripot exceeded his credit limit, and refused to pay the monthly charges
as they fell due. Aside from a collection suit, Town Bank also filed a disbarment case
against Atty. Kuripot. In his comment on the disbarment case, Atty. Kuripot insisted that
he did not violate the Code of Professional Responsibility, since his obligation to the
bank was personal in nature and had no relation to his being a lawyer. Is Atty. Kuripot
correct?

Atty. Kuripot is not correct. A lawyer should act according to the standards of the legal profession
even in his personal acts. A lawyer shall not engage in conduct that adversely affects 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. Therefore, since Atty. Kuripot acted scandalously, by refusing to
pay the monthly dues charges, regardless of the act occurring in his private life, it shall be
tantamount to a violation of the CPR. (Rule 7.03, Canon 7, Code of Professional Responsibility)

38. What is the effect of the failure to disclose the true civil status in the application for
admission to the Bar?

13
 It is a valid ground not to admit a person to practice law. A lawyer’s declaration in his application
for Admission to the Bar Examinations that he was “single” was a gross misrepresentation of a
material fact made in utter bad faith, for which he should be made answerable.

Rule 7.01, Canon 7, Chapter II of the Code of Professional Responsibility explicitly provides: “A
lawyer shall be answerable for knowingly making a false statement or suppression of a material fact
in connection with his application for admission to the bar” That false statement, if it had been
known, would have disqualified him outright from taking the Bar Examinations as it indubitably
exhibits lack of good moral character. (Leda vs. Tabang, A.C. No. 2505, February 21, 1992).

39. Atty. Matty filed a reply with opposition to motion to dismiss that contained abusive,
offensive, and improper language which insinuated that Atty. Taylor presented a
falsified document in court. He also filed a fabricated charge against Atty. Taylor in
another case for alleged falsification of public document. Furthermore, at the courtroom
of MTC of Daet before the start of the hearing, Atty. Matty, evidently drunk, threatened
Atty. Taylor. Is he guilty of a violation of the Code of Professional Responsibility?

Yes. Canon 8 of the Code of Professional Responsibility commands all lawyers to conduct themselves
with courtesy, fairness, and candor towards their fellow lawyers and avoid harassing tactics against
opposing counsel. Atty. Matty’s actions do not measure up to this Canon. Moreover, Atty. Matty
could have aired his charge of falsification in a proper forum and without using offensive and abusive
language against a fellow lawyer. The Court has constantly reminded lawyers to use dignified
language in their pleadings despite the adversarial nature of our legal system (Barandon v. Ferrer,
Sr., A.C. No. 5768, March 26, 2010).

40. Atty. Terence is a recently bar passer who had just taken his oath as a lawyer. The
secretary to the president of a known law school offered to hire him as the official notary
public of the school. The Secretary explained that he will earn well as he is expected to
notarize all the necessary affidavits and documents of all the students including those
required under the students’ Clinical Legal Education Program (CLEP). However, the
secretary wants him to give her one-fourth of his earnings therefrom. Should Atty.
Terence agree to the arrangement? Explain.

No. Atty. Terence should not agree. Rule 9.02 of the Code of Professional Responsibility provides
that “a lawyer shall not divide or stipulate to divide a fee for legal service with persons not licensed
to practice law". The secretary, not being a lawyer, is not licensed to practice law and is not entitled
to a share of the fees for legal services rendered, particularly in notarizing affidavits. (Rule 9.02,
Canon 9, Code of Professional Responsibility)

41. What is an unauthorized practice of law and what is the penalty for such act?

Under the Rules of Court, the unauthorized practice of law refers to instances wherein one assumes
to be an attorney or officer of the court, and acting as such without authority, may constitute indirect
contempt of court, which is punishable by fine or imprisonment or both. (In Re: Petition to Sign in
the Roll of attorneys Michael A. Medado, B.M. 2540, September 24, 2013).

42. May a suspended lawyer be sanctioned for allowing his non-lawyer staff to actively
operate his law office and conduct business on behalf of clients during the period of
suspension?

14
 Yes, the lawyer may be sanctioned. A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member of the bar in good
standing. (Rule 9.01, Canon 9, Code of Professional Responsibility)

“Unqualified person” is not limited to non-lawyers but also include lawyers who are not in good
standing and who are unfit (Funa, Legal and Judicial Ethics: With Bar Examination Questions, p.
123).

43. Moira Torre and Atty. Hipon entered into a contract of marriage, evidenced by a certified
photocopy of the marriage certificate issued by the City Civil Registry of Manila.
However, notwithstanding Atty. Hipon’s marriage with Moira, the former contracted
another marriage with a certain Tyronia Budol, as evidenced by a certified photocopy of
the certificate of marriage issued by the City Registration Officer of San Juan. It was
contended that the marriage between Moira and Atty. Hipon was still valid and in full
legal existence when he contracted his second marriage with Tyronia, and the first
marriage had never been annulled or rendered void by any lawful authority. Did Atty.
Hipon fall short in his duty to maintain the dignity of the legal profession?

Yes, Rule 7.03 of the Code of Professional Responsibility states that 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. In this case,
Atty. Hipon exhibited a deplorable lack of that degree of morality required of him as a member of
the Bar. He made a mockery of marriage, a sacred institution demanding respect and dignity. His
act of contracting a second marriage while his first marriage is subsisting constituted grossly immoral
conduct and are grounds for disbarment under Section 27, Rule 138 of the Revised Rules of Court.
(Bansig vs. Celera, A.C. No. 5581, January 14, 2014)

44. Is a lawyer allowed to divide or to stipulate to divide fees for legal services with persons
not authorized to practice law?

GENERAL RULE: A lawyer shall not divide or stipulate to divide fees for legal services with persons
not licensed to practice law.

EXCEPTION:
a. When there is a pre-existing agreement with a partner or associate that, upon the latter’s death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the
agreement;
b. Where a lawyer undertakes to complete unfinished business of a deceased lawyer;
c. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan
is based in whole or in part, on a profit-sharing agreement. (Rule 9.02, Canon 9, Code of
Professional Responsibility)

45. May a lawyer give proper advice and assistance to a client of another lawyer?

Yes. A lawyer may give proper advice or assistance to a client of another lawyer, who feels that his
lawyer is neglectful or unfaithful and for as long as said client is seeking his legal advice, there is no
conflict of interest and he is not encroaching, directly or indirectly, on the legal business of the other
lawyer. It is not unethical for such lawyer and it is within his right to provide such assistance. The
Code of Professional Responsibility allows a lawyer, “without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithfaul and neglectful counsel.” (Rule 8.02, Canon 8,
Rules of Court).

15
 3. To the Courts (Canons 10 to 13)

46. Atty. James requested Judge Adrian to be a principal sponsor at the wedding of his son.
Atty. James met Judge Adrian a month before during the IBP-sponsored reception to
welcome Judge Adrian into the community, and having learned that Judge Adrian takes
his breakfast at a coffee shop near his (Judge Adrian’s) home, Atty. James made it a
point to be at the coffee shop at about the time that Judge Adrian takes his breakfast.
Comment on Atty. James’ acts. Do they violate the Code of Professional Responsibility?

Yes. The actions of Atty. James, giving extraordinary attention to Judge Adrian, violates the Code of
Professional Responsibility (CPR). The fact that he only knew Judge Adrian for a month and he
already requested him to be the principal sponsor of his son in the latter's wedding and that he
makes it a point to go to the coffee shop at about the same time Judge Adrian takes his breakfast
are actions seeking opportunity to cultivate familiarity with Judge Adrian which is contrary to the
ethical norms of the legal profession. “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 13, CPR) and “shall not extend extraordinary attention or hospitality to, nor seek opportunity
for, cultivating familiarity with judges.” (Rule 13.01, Canon 13, Code of Professional Responsibility).

47. When does a trial by publicity become prejudicial?

To warrant a finding of prejudicial publicity, there must be allegation and proof that the
judges have been unduly influenced, not simply that they might be, by the barrage of publicity.
Pervasive publicity is not per se prejudicial to the right of an accused to fair trial. The mere fact that
the trial of appellant was given a day-to-day, gavel-to-gavel coverage does not by itself prove that
the publicity so permeated the mind of the trial judge and impaired his impartiality. For one, it is
impossible to seal the minds of members of the bench from pre-trial and other off-court publicity of
sensational criminal cases. (People vs. Teehankee, Jr., G.R. No. 111206-08, October 6, 1995).

In so far as criminal proceedings are concerned, two classes of publicized speech made during the
pendency of the proceedings can be considered as contemptuous: first, comments on the merits of
the case, and second, intemperate and unreasonable comments on the conduct of the courts with
respect to the case.

Publicized speech should be understood to be limited to those aired or printed in the various forms
of media such as television, radio, newspapers, magazines, and internet, and excludes discussions,
in public or in private, between and among ordinary citizens. The Constitution simply gives the
citizens the right to speech, not the right to unrestricted publicized speech. (Lejano vs. People, G.R.
No. 176389, December 14, 2010).

48. Is the duty of a lawyer to his client more paramount than his duty to the Court? Explain.

No. The duty of a lawyer to his client is not more paramount than his duty to the courts because a
lawyer, first and foremost, is an officer of the court. It is right and plausible that an attorney, in
defending the cause and rights of his client, should do so with all the fervor and energy of which he
is capable, but it is not, and never will be so for him to exercise said right by resorting to intimidation
or proceeding without the propriety and respect which the dignity of the courts require. It is the
duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of the
temporary incumbent of the judicial office, but for the maintenance of its importance. Judges, not
being wholly free to defend themselves, are peculiarly entitled to receive the support of the bar
against unjust criticism and clamor. (Salcedo v. Hernandez, G.R. No. 42992, August 8, 1935).

He owes the court candor, fairness, and good faith. His public duties as a lawyer takes precedence
over his private duties to his client. Thus, where his duties to the courts conflict with his duties to

16
 his client, the latter must yield to the former. His duty to the court is not secondary to that of his
client (Cabochan, Ethically Yours, 2018, p. 60).

49. Dr. Belen, a doctor and retired colonel of the Air Force filed an action for damages
against several military officers for whom Atty. Xavier stood as a counsel. During the
hearing, Atty. Xavier alleged that he and Dr. Belen had an agreement that if the opposing
party withdraws the case against him, Dr. Belen will also withdraw all the cases.
However, Dr. Belen swore that he never entered into any such agreement. Atty. Xavier
then admitted that there was no such agreement. He pointed out that his main concern
was to settle the case amicably. Dr. Belen filed a case against Atty. Xavier charging him
of unethical conduct for having uttered falsehood in court. Is Atty. Xavier guilty as
charged?

Yes, Atty. Xavier violated Canon 10 and Rule 10.01 of the Code of Professional Responsibility. By
stating untruthfully in open court that Dr. Belen had agreed to withdraw his lawsuits, Atty. Xavier
breached these peremptory tenets of ethical conduct. Not only that, but he also violated the lawyer’s
oath to “do no falsehood, nor consent to the doing of any in court”, of which Canon 10 and Rule
10.01 are but restatements. His act infringed on every lawyer’s duty to “never seek to mislead the
judge or any officer by an artifice or false statement of fact or law” (Maligaya v. Doronilla, A.C. No.
6198, September 15, 2006).

50. Explain briefly the sub judice rule.

The sub judice rule restricts comments and disclosures pertaining to pending judicial proceeding,
not only by participants in the pending case, members of the bar and bench, litigants and witnesses
but also to the public in violation of this rule may render one liable for indirect contempt under Sec.
3 (d), Rule 71 of the Rules of Court.

The specific rationale for the sub judice rule is that courts, in the decision of issues of fact and law
should be immune from every extraneous influence; that facts should be decided upon evidence
produced in court; and that the determination of such facts should be uninfluenced by bias, prejudice
or sympathies. (Marantan v. Diokno, G.R. No. 205956, February 12, 2014)

51. Atty. Juancho entered his appearance in a criminal case presided by Judge Manalo. Atty.
Juancho moved that such case be re-raffled to another branch of the RTC. Consequently,
Judge Manalo filed a letter complaint in the Office of the Bar Confidant citing Atty.
Juancho’s unethical practice of entering his appearance and then moving for the
inhibition of the presiding judge on the pretext of previous adverse incidents between
them. Is Atty. Juancho guilty of unethical practice in seeking the inhibition of Judge
Manalo in the criminal case?

Yes. Atty. Juancho violated Canon 11 and Rule 11.04 of the Code of Professional Responsibility.

While it is the Court’s duty to investigate and uncover the truth behind charges against judges and
lawyers, it is equally its duty to shield them from unfounded suits that are intended to vex and
harass them, among other things. The right of a party to seek the inhibition or disqualification of a
judge who does not appear to be wholly free, disinterested, impartial and independent in handling
the case must be balanced with the latter’s sacred duty to decide cases without fear of repression.

Thus, it was incumbent upon Atty. Juancho to establish by clear and convincing evidence the ground
of bias and prejudice in order to disqualify Judge Manalo from participating in a particular trial in
which Atty. Juancho was participating as a counsel. The latter’s bare allegations of Judge Manalo’s
partiality or hostility did not suffice, because the presumption that Judge Manalo would undertake
his noble role to dispense justice according to law and the evidence and without fear or favor should

17
 only be overcome by clear and convincing evidence to the contrary. (Madrid v. Dealca, A.C. No.
7474, September 9, 2014).

52. What are the differences between witness preparation and witness coaching

WITNESS PREPARATION WITNESS COACHING

As to Validity
Legal Illegal
As to Definition
Witness preparation is the act of “instructing the Witness coaching is sometimes “perceived as
witness on demeanor, language and obfuscating the truth or instructing the witness to
truthfulness.” lie.”
As to Applicability
Witness preparation should occur before the Coaching the witness during a deposition or during
testimony and counsel and is allowed. a break in sworn testimony is not proper and not
allowed.
(Dizon, Basic Legal Ethics, 2017, p. 98)

53. When can a lawyer testify on behalf of his or her client?

GENERAL RULE: A lawyer shall avoid testifying in behalf of his client.

EXCEPTIONS:
a. On formal matters, such as the mailing, authentication or custody of an instrument, and the
like; or

b. On substantial matters, in cases where his testimony is essential to the ends of justice, in which
event he must, during his testimony, entrust the trial of the case to another counsel. (Rule
12.08, Canon 12, Code of Professional Responsibility)

54. Aidan filed a complaint for forcible entry against Rolando. To defend his interests,
Rolando engaged the services of the law office of Attys. Maganda and Mapagmahal,
where Atty. Mapagmahal was the assigned attorney. Atty. Mapagmahal agreed to
submit their position papers and affidavits within 30 days from the receipt of the pre-
trial order after which the case would be submitted for decision. However, Atty.
Mapagmahal failed to file the position paper resulting in the defendants being declared
in default.

The MCTC rendered a decision in favor of the plaintiffs. Atty. Mapagmahal then filed a
notice of appeal with sufficient bond. However, the RTC dismissed the appeal based on
Section 7(b), Rule 40 of the Rules of Court, stating that Atty. Mapagmahal failed to file
the appeal memorandum after more than 71 days. Atty. Mapagmahal moved for
reconsideration, but this was denied by the RTC, pointing out that it had granted four
motions for extension, and there was still no appeal memorandum filed.

Did Atty. Mapagmahal violate the Code of Professional Responsibility by failing to file
the necessary pleadings before the court?

18
 Yes. Canon 11 of the Code of Professional Responsibility provides that: “A lawyer is required to
observe and maintain due respect to the court and its judicial officers.” Additionally, Rule 12.03 of
the CPR states that: “A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same or offering an explanation
for his failure to do so.” Here, Atty. Mapagmahal’s act of repeatedly pleading for extensions of time
and not submitting anything to the Court reflects his willful disregard for court orders. (Enriquez vs.
Lavadia, A.C. No. 5686, June 16, 2015)

55. Atty. Luna Tek maintains an account in the social media network, Twitter, and has 1,000
followers there, including fellow lawyers and some clients. Her Twitter account is public
so even her non-followers could see and read her posts, which are called tweets. She
oftentimes takes to Twitter to vent about her daily sources of stress like traffic or to
comment about current events. She also tweets her disagreement and disgust with the
decisions of the Supreme Court by insulting and blatantly cursing the individual Justices
and the Court as an institution.

A. Does Atty. Luna Tek act in a manner consistent with the Code of Professional
Responsibility? Explain the reasons for your answer.

B. Describe the relationship between a lawyer and the courts. (2015 BAR)

A. NO. Atty. Luna Tek did not act in a manner consistent with the CPR. Canon 11 of the Code
provides that “a lawyer shall observe and maintain the respect due to courts and to judicial
officers and should insist on similar conduct with others.” As an officer of the court, a lawyer
should set an example in maintaining a respectful attitude towards the court. Moreover, he
should abstain from offensive language in criticizing the courts. Atty. Luna Tek violated this rule
by insulting and blatantly cursing the individual Justices and the Supreme Court in her tweets.
Lawyers are expected to carry their ethical responsibilities with them in cyberspace (Lorenzana
vs. Judge Ma. Cecilia L, Austria, A.M. No. RTJ-092200, April 2, 2014)

B. A lawyer is an officer of the court. As such, he is as much a part of the machinery of justice as
a judge is. The judge depends on the lawyer for the proper performance of his judicial duties.
Thus, Canon 10 enjoins a lawyer to be candid with the courts; Canon 11 requires him to show
respect to judicial officers; and Canon 12 urges him to exert every effort and consider it his duty
to assist in the speedy and efficient administration of justice. A member of the bar vows in
the Lawyer's Oath to conduct himself as a lawyer according to the best of his knowledge and
discretion with all good fidelity to the courts as well as to his client. (Parungao vs. Atty. Lacuanan,
A.C. No. 12071, March 11. 2020, J. Hernando)

56. Can a lawyer file multiple actions arising from the same cause?

No. Forum-shopping is contumacious, as well as an act of malpractice that is proscribed and

condemned as trifling with the courts and abusive of their processes. A violation of the rule
against forum-shopping warrants prosecution for contempt of court and constitutes ground for
summary dismissal of the actions involved, without prejudice to appropriate administrative
action against the counsel. This is the institution of two (2) or more actions or proceedings
grounded on the same cause on the supposition that one or the other court would make a
favorable disposition" or "the act of a party against whom an adverse judgment has been
rendered in one forum, of seeking another, and possibly favorable, opinion in another forum
other than by appeal or the special civil action of certiorari". (Gatmaytan vs. Court of Appeals,
G.R. No. 123332, February 3, 1997)

57. What is forum shopping? What constitutes forum shopping?

19
 Forum shopping is the act of a litigant who repetitively availed of several judicial remedies in
different courts, simultaneously or successively, all substantially founded on the same
transaction and the same essential facts and circumstances, and all raising substantially the
same issues, either pending in or already resolved adversely by some other court, to increase
his chances of obtaining a favorable decision if not in one court, then in another (Asian
Construction and Development Corporation v. Sumitomo Corporation, G.R. No. 196723, August
28, 2013).

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 forum hoping for a favorable decision;
2. When a lawyer/party did not disclose the pendency of an appeal when a petition for
certiorari was filed (Collado v. Hernando, G.R. No. L-43866, Mary 30, 1998);
3. When a lawyer/party files two or more actions or proceedings involving the same parties
for the same cause of action, either simultaneously or successively, on the supposition that
one or the other court would make a favorable disposition. (Yap vs. Court of Appeals, G.R.
No. 186730, June 13, 2012);
4. When a lawyer/party files another action in a court without jurisdiction (United Alloy
philippines Corporation vs. United Coconut Planters Bank, G.R. No. 179257, November 23,
2015);
5. When a lawyer/party files another action in court during the pendency of a case with the
cause of action before a quasi-judicial body in an administrative proceeding (Earth Minerals
Exploration, Inc. v. Macaraig, G.R. No. 78569, February 11, 1991).

58. What is the principle of open justice?

The principle of open justice refers to the public right to scrutinize and criticize court
proceedings. This principle, which is as fundamental to a democratic society as freedom of
speech, has been an accepted doctrine in several jurisdictions. It is justified on the ground that
if the determination of justice cannot be hidden from the public, this will provide: (1) a safeguard
against judicial arbitrariness or idiosyncrasy, and (2) the maintenance of the public’s confidence
in the administration of justice (In re: The Allegations Contained in the Columns of Macasaet,
A.M. No. 07-09-13-SC, August 8, 2008).

4. To the Clients (Canons 14 to 22)

59. What is the nature of the relationship created between a counsel and a client?

The agency created between a counsel and a client is a highly fiduciary relationship. A counsel
becomes the eyes and ears in the prosecution or defense of his or her client’s case. This is
inevitable because a competent counsel is expected to understand the law that frames the
strategies he or she employs in a chosen legal remedy. Counsel carefully lays down the
procedure that will effectively and efficiently achieve his or her client’s interests. Counsel should
also have a grasp of the facts, and among the plethora of details, he or she chooses which are
relevant for the legal cause of action or defense being pursued (Ong Lay Hin v. Court of Appeals,
G.R. No. 191972, January 26, 2015).

60. Is a lawyer guilty of committing malpractice and/or gross misconduct when he

represents conflicting interests?

Yes. According to the CPR, it is explicit that a lawyer is prohibited from representing new clients
whose interests oppose those of a former client in any manner, whether or not they are parties
in the same action or on totally unrelated cases unless there is a written consent of all concerned

20
 given after full disclosure of the facts. (Rule 15.03, Canon 15, Code of Professional
Responsibility)

61. May a lawyer concurrently practice another profession?

Yes. If a lawyer is engaged in another profession or occupation concurrently with the practice
of law, he shall make clear to his client whether he is acting as a lawyer or in another capacity
(Rule 15.08, Canon 15, Code of Professional Responsibility).

62. What is the rationale behind the prohibition that a lawyer shall not promote his
services through commercial advertisements?

A lawyer is prohibited to promote his services through commercial advertisements because

lawyering is not primarily meant to be a money-making venture, and law advocacy is
not a capital that necessarily yields profits. The gaining of a livelihood is not a professional but
a secondary consideration. Duty to public service and to the administration of justice should be
the primary consideration of lawyers, who must subordinate their personal interests or what
they owe to themselves. The practice of law is a noble calling in which emolument is a by-
product, and the highest evidence may be attained without making much money. (Burbe v.
Magulta, A.C. No. 99-634, June 10, 2002)

63. Distinguish Champertous Contracts from Contingent Fee.

CHAMPERTOUS CONTINGENT FEE CONTRACTS

CONTRACTS

As to Definition

A contract between a An agreement in writing where the fee, often a fixed percentage of
stranger and a party to what may be recovered in the action, is made to depend upon the
a lawsuit, whereby the success of the litigation (The Conjugal Partnership of the Spouses
stranger pursues the Cadavedo vs. Lacaya, G.R. No. 173188, January 15, 2014).
party’s claim in
consideration of
receiving part or any of
the proceeds recovered
under the judgment
(Canillo vs. Angeles,
A.C. No. 9899,
September 4, 2018).

As to Validity

Void because such Valid

agreements
are against public
policy. (Nocom vs.
Camerino, G.R. No.
182984, February 10,
2009)

21
 As to Expenses of Litigation

Lawyers undertake to Lawyers do not undertake to pay all expenses of litigation, the client
pay all expenses of pays for the fee after the judgment has been rendered in the case
litigation in handled by the lawyer. (The Conjugal Partnership of the Spouses
consideration of some Cadavedo vs. Lacaya, G.R. No. 173188, January 15, 2014)
bargain to have part
of the thing in dispute.
(Nocom vs. Camerino,
G.R. No. 182984,
February 10, 2009)

As to Payment

Paid only in kind. May be paid in cash. (The Conjugal Partnership of the Spouses
(Nocom vs. Camerino, Cadavedo vs. Lacaya, G.R. No. 173188, January 15, 2014)
G.R. No. 182984,
February 10, 2009)

64. What are the guides in determining Attorney’s Fees on Quantum Meruit Basis?

1. The time spent and extent of the services rendered or required;

2. The novelty and difficulty of questions involved;
3. The importance of subject matter;
4. The skill demanded;
5. The probability of losing other employment as a result of acceptance of the proffered case;
6. The customary charges for similar services and schedule of fees of IBP Chapter to which he
belongs;
7. The amount involved in the controversy and benefits resulting to the client from the service;
8. The contingency or certainty of compensation;
9. The character of the employment, whether occasional or established; and
10. The professional standing of the lawyer. (Rule 20.01, Canon 20, Code of Professional
Responsibility)

65. Can the lawyer disclose that he has been consulted about a particular case?

No. The disclosure will be tantamount to the revelation of the confidences and secrets of a client.
The prohibition applies when the lawyer was consulted about a particular case, irrespective of
whether or not he was hired as a counsel. However, a lawyer may disclose the consultation on the
same matter, when he will be placed in a situation of representing conflicting interests if he does
not disclose the consultation (Rule 21.07, Canon 21, Code of Professional Responsibility).

66. Under what circumstances may the lawyer withdraw his services?

1. When the client pursues an illegal or immoral course of conduct in connection with the matter
he is handling;
2. When the client insists that the lawyer pursue conduct violative of these canons and rules;
3. When his inability to work with co-counsel will not promote the best interest of his client;
4. When the mental and physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;

22
 5. When the client deliberately fails to pay the fees for the services or fails to comply with the
retainer agreement;
6. When the lawyer is elected or appointed to public office; and
7. Other similar cases (Rule 22.01, Canon 22, Code of Professional Responsibility)

67. May a lawyer withdraw from a case without notice to the client?

A lawyer cannot simply withdraw from a case without notice to the client and complying with the
requirements in Rule 138, Section 26 of the Rules of Court. Otherwise, the lawyer will be held liable
for violating Canons 17 and 18 of the Code of Professional Responsibility (Chang v. Hidalgo, A.C.
No. 6934, April 6, 2016).

68. Atty. Tanggol served as the retained lawyer of Babu and Jaja Mayaman (Spouses
Mayaman). Atty. Tanggol handled many of their cases and was consulted by the spouses
on the prospect of opening a business. However, the said business failed to materialize.
Atty. Tanggol contacted Babu to borrow 2,500,000.00, which he promised to return with
interest after five days. Babu consulted Jaja, his wife, who agreed to lend the said sum
to Atty. Tanggol. She then issued three checks in Atty. Tanggol’s name. However, on the
day that Atty. Tanggol promised to return the money, he was unable to pay the spouses.
Atty. Tanggol merely made repeated promises to pay. He also failed to heed the demand
letter that Jaja sent him. Did Atty. Tanggol violate the Code of Professional
Responsibility?

Yes. Atty. Tanggol violated the Code of Professional Responsibility. Rule 16.04, Canon 16 provides
that: “A lawyer shall not borrow money from his client unless the client’s interests are fully protected
by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client
except, when in the interest of justice, he has to advance necessary expenses in a legal matter he
is handling for the client.” Here, Atty. Tanggol borrowed money from the spouses who were his
clients. Owing to their trust and confidence in Atty. Tanggol, they relied on his word that he will
return the money plus interest within five days. However, Atty, Tanggol abused the same and
reneged on his obligation (Concepcion vs. Dela Rosa, A.C. No. 106881, February 3, 2015).
69. Define an attorney’s retaining lien.

A retaining lien is the right of an attorney to retain 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 to apply such funds to the satisfaction thereof (Rule 138, sec. 37).

70. In need of legal services, Toni secured an appointment to meet with Atty. Fowler
of Fowler & Asistido Law Offices. During the meeting, Toni divulged highly private
information to Atty. Fowler, believing that the lawyer would keep the confidentiality of
the information. Subsequently, Toni was shocked when she learned that Atty. Fowler
had shared the confidential information with her law partner, Atty. Asistido, and their
common friend, private practitioner Atty. Salarzon. When confronted, Atty. Fowler
replied that Toni never signed any confidentiality agreement, and that she shared the
information with the two lawyers to secure affirmance of her legal opinion on Toni’s
problem. Did Atty. Fowler violate any rule of ethics? (2008 BAR)

Yes. Atty. Fowler violated Canon 21 of the CPR by sharing information obtained from her client with
Atty. Salarzon. Canon 21 provides that “a lawyer shall preserve the confidences or secrets of his
client even after the attorney-client relationship is terminated”. The fact that Atty. Salarzon is a
friend from whom she intended to secure a legal opinion on Toni’s problem, does not justify such
disclosure. (Canon 21, Code of Professional Responsibility)

23
 On the other hand, Atty. Fowler did not violate Canon 21 by sharing information with her partner
Atty. Asistido. Rule 21.04 of the CPR specifically provides that “a lawyer may disclose the affairs of
a client to partners or associates thereof unless prohibited by the client”. Atty. Fowler was not
prohibited from disclosing the affairs of Toni with the members of her law firm. The employment of
a member of a firm is generally considered as employment of the firm itself (Hilado vs. David, G.R.
No. L-961, September 21, 1949).

71. Can a lawyer refuse an appointment as counsel de officio, amicus curiae, or as requested
by the IBP or any of its chapters for the rendition of legal aid?

GENERAL RULE: A lawyer appointed as counsel de officio, amicus curiae, or as requested by the
IBP or any of its chapters may not refuse such appointment.

EXCEPTION: If such refusal is because of a serious and sufficient cause (Rule 14.02, Canon 14,
Code of Professional Responsibility).

72. When does a lawyer-client relationship begin?

The lawyer-client relationship begins from the moment a client seeks the lawyer’s advice upon a
legal concern. The seeking may be for consultation on transactions or other legal concerns, or for
representation of the client in an actual case in the courts or other fora. From that moment on,
the lawyer is bound to respect the relationship and to maintain the trust and confidence of his
client. No written agreement is necessary to generate a lawyer-client relationship, but in
formalizing it, the lawyer may present a retainer agreement to be considered and agreed to by
the client. As with all contracts, the agreement must contain all the terms and conditions agreed
upon by the parties. (Diongzon vs. Mirano, A.C. No. 2404, August 17, 2016).

73. What are the three (3) tests to determine conflict of interest for practicing lawyers?
(2009 BAR)

The 3 tests to determine conflict of interest are as follows:

1. When on behalf of one client, a lawyer must contend for that client which his duty to another
client requires him to oppose;
2. When in accepting a new client, his relation to another client will prevent him from his duty to
give his undivided fidelity and loyalty or such acceptance will invite suspicion of unfaithfulness
or double-dealing in the performance of his duty;
3. When in accepting a new retainer, the lawyer will be required to do an act which may adversely
affect his existing or former client or when because of the new client, he will have to use, against
his existing or former client, information he acquired through their attorney-client relationship
(Cabochan, Ethically Yours, 2018, p. 98).

C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS

1. Nature and Characteristics of Disciplinary Actions against Lawyers

74. What are the characteristics of disciplinary actions against lawyers?

1. It is sui generis. (Tan v. Alvarico, A.C. No. 10933, November 3, 2020);

2. It is not a civil or criminal proceeding. (Gonzalez vs. Alcaraz, A.C. No. 5321, September 27,
2006);
3. Double jeopardy cannot be availed of as a defense. (De Jesus-Paras vs. Vailoces, A.C. No. 439,
April 12, 1961);

24
 4. It can be instituted motu proprio by the Supreme Court or the IBP. (Rule 139-B, Sec. 1);
5. It can proceed regardless of interest of lack of interest of complainant. (Go vs. Candoy, A.C. No.
736, October 23, 1967);
6. It is confidential. (Rule 139, Sec. 10);
7. It is imprescriptible. (Frias vs. Bautista-Lozada, A.C. No. 6656, May 4, 2006);
8. It constitutes due process in itself. (In re: Montagne & Dominguez, G.R. No. 1107, April 2, 1904);
and
9. Res Ipsa Loquitur applies (Prudential Bank v. Judge Castro and Atty. Grecia, A.M. No. 2756,
June 5, 1986).

75. If a lawyer is acquitted of a crime, may he still be the subject of an administrative

complaint over the same act?

Yes. An acquittal of the criminal charge is not a bar to administrative proceedings. The standards of
the legal profession are not satisfied by conduct which merely enables one to escape penalties under
criminal law. The Supreme Court, in disbarment proceedings, is acting in an entirely different
capacity from that which courts assume in trying a criminal case. Administrative cases against
lawyers belong to a class of their own. They are distinct from and they may proceed independently
of civil and criminal cases (Guevarra vs. Eala, A.C. No. 7136, August 1, 2007).

76. What is the nature of disciplinary proceedings against lawyers?

Disciplinary proceedings against lawyers are sui generis. Neither purely civil nor purely criminal, they
do not involve a trial of an action or a suit, but are rather investigations by the Court into the conduct
of one of its officers. (In Re: Atty. Almacen, G.R. No. L-27654, February 18, 1970).

2. Grounds

77. What are the disciplinary sanctions which can be imposed on a lawyer in case of
professional misconduct?

The disciplinary sanctions are the following:

1. Disbarment;
2. Suspension;
3. Interim Suspension;
4. Reprimand;
5. Admonition;
6. Probation
7. Other sanctions and remedies. (Rule 139-B)

78. What are the grounds for disbarment or suspension from office of an attorney by the
Supreme Court?

The grounds for suspension or disbarment of a lawyer are “any deceit, malpractice or other gross
misconduct in such office, grossly immoral conduct, or by reason of conviction of a crime involving
moral turpitude, or for any violation of the oath which he is required to take before admission to
practice, or for a willful disobedience appearing as an attorney for a party or to a cause without
authority to do so.” The practice of soliciting cases for the purposes of gain, either personally or
through paid agents or brokers constitutes malpractice (Rule 138, Sec. 27).

79. Atty. Corinne Cortez is a member of the Philippine Bar. She went to New York City, took
the New York State Bar, and passed the same. She then practiced in New York City. One
of her American clients filed a case for disbarment against her for pocketing the money
which was entrusted to her as payment for the filing fee and other incidental expenses

25
 of her damage suit. Atty. Cortez was later disbarred for dishonesty. Disheartened, Atty.
Cortez came back to the Philippines and practiced as a lawyer.

Will her disbarment in New York be used against her for purposes of disbarment
proceedings here in the Philippines?

Yes. Atty Cortez may be disbarred in the Philippines if the ground for her disbarment in New York is
also a ground for disbarment in this country. Under Section 27, Rule 138 of the Revised Rules of
Court, the disbarment or suspension of a member of the Philippine Bar by a competent court or
other disciplinary agency in a foreign jurisdiction where he has also been admitted as an attorney is
a ground for his disbarment or suspension if the basis of such action includes any of the acts
enumerated in this provision. The judgment, resolution or order of the foreign court or disciplinary
agency shall be prima facie evidence of the ground for disbarment or suspension.

But she is still entitled to due process of law, and the foreign court’s judgment against her only
constitutes prima facie evidence of unethical conduct as a lawyer. She is entitled to be given an
opportunity to defend herself in an investigation to be conducted in accordance with Rule 139-B of
the Revised Rules of Court. (In Re: Suspension from the Practice of Law in the Territory of Guam of
Atty. Leon Maquera, B.M. 793, July 30, 2004)

80. Because of his political beliefs, Atty. Bucks joined a rebel group. Later, he was
apprehended and charged with Rebellion in court. A disbarment case was also filed
against him. While the case was pending, Atty. Bucks applied for and was granted
pardon. Should the disbarment case also be dismissed automatically? (2012 BAR)

Yes. Pardon obliterates the criminal act of Rebellion committed by Atty. Bucks. When the pardon is
full, it releases the punishment and blots out the existence of guilt, so that in the eye of the law the
offender is as innocent as if he had never committed the offense. If granted before conviction, it
prevents any of the penalties and disabilities, consequent upon conviction, from attaching; if granted
after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it
makes him, as it were, a new man, and gives him a new credit and capacity. (In re: Lontok, April 7,
1922, the Court quoting Ex Parte Garland)

3. Proceedings (Rule 139-B of the Rules of Court, as amended)

81. What is the burden of proof in a disbarment complaint?

The burden of proof lies on the party making the allegation. In a disbarment complaint, the
allegations of the complainant must be proven with substantial evidence (Buntag v. Toledo, A.C. No.
12125, February 11, 2019).

82. What is the prescriptive period to file a complaint for disbarment?

The filing of a disciplinary complaint does not prescribe, regardless of the number of years that
lapsed. The ordinary statutes of limitation have no application in disbarment proceedings, nor does
the circumstance that the facts set up as a ground for disbarment constitute a crime, prosecution
for which in a criminal proceeding is barred by limitation, affect the disbarment proceeding. (Heirs
of Lydio Falame vs. Baguio, A.C. No. 6876, March 7, 2008).

83. Who may initiate proceedings for the disbarment, suspension, or discipline of attorneys?

1. Supreme Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon a verified
complaint of any person;

26
 2. IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a Chapter
Board of Officers, or at the instance of any person, initiate and prosecute proper charges against
erring attorneys including those in the government service. (Rule 139-B, Sec. 1, Rules of Court)

84. What is the nature of a disbarment proceeding?

A disbarment case is sui generis for it is neither purely civil nor purely criminal but is rather an
investigation by the court into the conduct of its officers. Hence, an administrative proceeding for
disbarment continues despite the desistance of a complainant, or failure of the complainant to
prosecute the same, or as in this case, the failure of respondent to answer the charges against him
despite numerous notices. (Kira Yoshimura vs. Atty. Bernie Panagsagan, A.C. No. 10962 [Formerly
CBD Case No. 10-2763]. September 11, 2018)

85. Can a disbarment case proceed despite the lack of interest of the complainant to
continue thereof?

Yes because a proceeding for suspension or disbarment is not a civil action where the complainant
is a plaintiff and the respondent-lawyer is a defendant. Disciplinary proceedings involve no private
interest and afford no redress for private grievance. They are undertaken and prosecuted solely for
the public welfare, and for the purpose of preserving courts of justice from the official ministration
of persons unfit to practice. The attorney is called to answer to the court for his conduct as an officer
of the court. The real question for determination in these proceedings is whether or not the attorney
is still a fit person to be allowed the privileges of a member of the bar. (Isalos vs. Cristal, A.C. No.
11822, November 22, 2017).

86. A client wishes to file a complaint against a lawyer. Discuss briefly the procedure.

The client may file a verified complaint for disbarment against a lawyer. His verified complaint shall
state clearly and concisely the facts complained of and shall be supported by affidavits of a person
or persons having personal knowledge of the facts therein alleged and /or by such documents as
may substantiate said facts.

The client may file a complaint directly with the Supreme Court and the Supreme Court may refer
the complaint to the IBP Boards of Governors for appropriate action, such as assigning the complaint
to an investigator, or to the Solicitor General or court officer or judge for investigation when the
interest of justice requires. The client may, however, file his complaint, in six copies, with the IBP
Board of Governors, which will then assign the case to an investigator for investigation, or with the
Secretary of a local chapter of the IBP, which will in turn transmit the same to the IBP Board of
Governors from assignment to an investigator. (Rule 139-B, Rules of Court).

87. A disbarment complaint against a lawyer was referred by the Supreme Court to a judge
of the Regional Trial Court for investigation, report and recommendation. On the date
set for the hearing of the complaint, the judge had the case called for trial in open court
and proceeded to receive evidence for the complainant. What would you have done if
you were the counsel for the respondent-lawyer? Reason briefly. (2004 BAR)

I would object to the holding of a trial in public. Disciplinary proceedings against an attorney are
confidential in nature until their termination. The professional success of a lawyer depends almost
entirely on his good reputation. If that is tarnished, it is difficult to restore the same. (Ibañez v. Viña,
A.C. No. 1648, September 26, 1981). To avoid the unnecessary ruin of a lawyer’s name, disbarment
proceedings are directed to be confidential until their final determination. (Rule 139-B, Sec. 18, Rules
of Court).

27
88. After passing the Philippine Bar in 1986, Atty. Richards practiced law until 1996 when
he migrated to Australia where he subsequently became an Australian citizen in 2000.
As he kept abreast of legal developments, petitioner learned about the Citizenship
Retention and Re-Acquisition Act of 2003 (Republic Act No. 9225), pursuant to which
he reacquired his Philippine citizenship in 2006. He took his oath of allegiance as a
Filipino citizen at the Philippine embassy in Canberra, Australia. Jaded by the laid back
life in the outback, he returned to the Philippines in December 2008. After the holidays,
he established his own law office and resumed his practice of law.

Months later, a concerned woman who had secured copies of Atty. Richards’
naturalization papers with consular authentication, filed with the Supreme Court an
anonymous complaint against him for illegal practice of law.

May the Supreme Court act upon the complaint filed by an anonymous person? Why or
why not?

Yes. The Supreme Court may act upon the complaint filed by an anonymous complainant, because
the basis of the complaint consists of documents with consular authentications which can be verified
being public records. There is no need to identify the complainant when the evidence is documented
and verifiable. Besides, the Supreme Court or the IBP may initiate disbarment proceedings motu
proprio. ( Rule 139-B, Sec. 1, Rules of Court).

89. A engaged the services of Atty. B to defend him in a case for collection of a sum of
money that was brought against him in the Municipal Trial Court by C. Despite notice of
the scheduled dates of hearing, Atty. B failed to appear much less inform A about it. The
case was decided against A. It was only when an adverse judgment was being executed
against him that A learned he had lost the case. When he went to see his 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?

A may file a verified complaint against Atty. B, asking that he be administratively disciplined, with
either the Supreme Court, the Board of Governors of the Integrated Bar of the Philippines (IBP), or
the IBP Chapter to which Atty. B belongs. (Rule 139-B, Sec. 1, Rules of Court).

D. NOTARIAL PRACTICE (A.M. NO. 02-8-13-SC, AS AMENDED)

1. Qualifications of a Notary Public

90. Cecilio is one of the 12 heirs of his father Vicente, who owned an agricultural land
located in Bohol. Cecilio filed a complaint charging Judge Love Koto with abuse of
discretion and authority for preparing and notarizing a document entitled "Extra-
Judicial Partition with Simultaneous Deed of Sale" executed by Cecilio's mother Divina
and brother Jose. Jose signed the Deed on his own behalf and purportedly also on behalf
of his brothers and sisters, including Cecilio. Cecilio though alleged that in his Special
Power of Attorney, he merely granted Jose the authority to mortgage said agricultural
land but not to partition, much less to sell the same. Judge Koto contended that in a
municipality where a notary public is unavailable, a municipal judge is allowed to
notarize documents or deeds as ex officio notary public. He claimed that he acted in
good faith and only wanted to help. Did Judge Koto violate any rules? Discuss. (2015
BAR)

28
 Yes. MTC and MCTC judges may act as Notaries Public ex officio in the notarization of documents
connected only with 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. However, in remote municipalities where there is no notary public available, an MTC
judge may notarize a private document provided that he shall state in his certification the absence
of a notary public in the municipality, and that the notarial fees should be paid to the Municipal
Treasurer. However, these two requirements were not met in this situation. Therefore, Judge Koto
violated Circular No. 1-90 for unauthorized notarization of private documents. (In Re: Request for
clarification on the power of municipal trial court judges and municipal circuit trial court judges to
act as Notaries Public Ex Officio, A.M. No. No. 89-11-1303, December 19, 1989).

91. Atty. Antonio is a 25-year-old Filipino lawyer. He has been a resident of Parañaque City
for about ten (10) years and holds office in his residence. He filed a petition for
appointment as Notary Public in Parañaque and has clearance from the IBP and Bar
Confidant. However, it appears that while still a college student, he was convicted by a
Laguna Court for Reckless Imprudence Resulting in Damage to Property. During the
summary hearing of his petition, the offended party therein strongly objected on that
ground. Can Atty. Antonio be appointed? (2012 BAR)

a.) No, because he has a previous criminal record.

b.) No, because of the opposition.
c.) Yes, the offense of Reckless Imprudence does not involve moral turpitude.
d.) Yes, since the Reckless Imprudence case did not happen in the jurisdiction where
Atty. Antonio is applying.

The correct answer is letter “C.” To be eligible for commissioning as notary public, the petitioner:
(1) must be a citizen of the Philippines; (2) must be over twenty-one (21) years of age; (3) must be
a resident in the Philippines for at least one (1) year and maintains a regular place of work or
business in the city or province where the commission is to be issued; (4) must be a member of the
Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme
Court and the Integrated Bar of the Philippines; and (5) must not have been convicted in the first
instance of any crime involving moral turpitude. (Sec. 1, Rule III, A.M. No. 02-8-13-SC).

Moral turpitude has been defined as including any act done contrary to justice, honesty, modesty or
good morals. Some of the particular crimes which have been held to involve moral turpitude are
adultery, concubinage, rape, arson, evasion of income tax, barratry, bigamy, blackmail, bribery,
criminal conspiracy to smuggle opium, dueling, embezzlement, extortion, forgery, libel, making
fraudulent proof of loss on insurance contract, murder, mutilation of public records, fabrication of
evidence, offenses against pension laws, perjury, seduction under promise of marriage, estafa,
falsification of public document, estafa thru falsification of public document. The crime of Reckless
Imprudence does not involve a moral turpitude. (Zari vs. Flores, A.M. No. (2170-MC) P-
1356, November 21, 1979)

2. Term of Office of a Notary Public

92. When will Atty. Roberto’s notarial commission expire if he applied for and was given
such commission on 12 November 2010? (2011 BAR)

a.) 31 December 2012

b.) 31 December 2011
c.) 11 November 2011
d.) 11 November 2012

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 The correct answer is letter “B.” A person commissioned as notary public may perform notarial acts
in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years
commencing the first day of January of the year in which the commissioning is made, unless earlier
revoked or the notary public has resigned under these Rules and the Rules of Court (Rule III, Sec.
11, A.M. No. 02-8-13-SC).

93. What are the requirements for the renewal of notarial commission?

1. Payment of the application fee; and

2. Filing of a written application with the Executive Judge within forty-five (45) days before the
expiration of the notarial commission, attaching thereto clearances from the following:
1. Executive Judge of the Regional Trial Court who will issue the notarial commission;
2. Office of the Bar Confidant;
3. Local Chapter of the Integrated Bar of the Philippines where the applicant is seeking notarial
commission; and
4. National Bureau of Investigation (OCA Circular No. 110-2014, August 22, 2014).

3. Powers and Limitations

94. What are the powers of a notary public?

1. Perform the following Notarial acts:

a.) Jurats;
b.) Oaths and affirmations;
c.) Signature witnessings;
d.) Copy certifications;
e.) Acknowledgments; and
f.) Other acts;

2. Certifying the affixing of a signature by thumb of other mark on an instrument or document

subject to conditions provided for in the 2004 Rules on Notarial Practice; and

3. Sign on behalf of a person who is physically unable to sign or make a mark on an instrument or
document subject to conditions provided for in the 2004 Rules on Notarial Practice ( Rule IV,
Sec. 1, A.M. No. 02-8-13-SC).

95. What are the duties of a notary public?

1. Keep, maintain, protect and provide for lawful inspection a chronological official notarial register
of notarial acts consisting of a permanently bound book with numbered pages;
2. Keep only one active notarial register at the time of notarization the necessary information
required by law;
3. Record in the notarial register at the time of notarization the necessary information required by
law;
4. Record the reasons and circumstances for not completing a notarial act;
5. Record the circumstances of any request to inspect or copy an entry in the notarial register;
6. When the instrument or document is a contract, the notary public shall keep an original copy
thereof as part of his records;

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 7. Give to each instrument or document executed, sworn to, or acknowledged before him a number
corresponding to the one in his register, and shall also state on the instrument or document the
page/s of his register on which the same is recorded. No blank line shall be left between entries;
8. In case of a protest of any draft, bill of exchange or promissory note, make a full and true record
of all proceedings in relation thereto;
9. At the end of each week, certify the number of instruments or documents executed, sworn to,
acknowledged, or protested before him;
10. Forward to the Clerk of Court within the first ten (10) days of every month a certified copy of
each month’s entries and a duplicate original copy of any instrument acknowledged;
11. At the time of notarization, the notary’s notarial register shall be signed or a thumb or other
mark affixed by each of the parties and witnesses to the document;
12. Have the notarial register inspected by any person, in the presence of the notary, or deny
inspection subject to the conditions of the Rules;
13. Notify the Executive Judge by any means providing a proper receipt or acknowledgement,
including registered mail and also provide a copy of number of any pertinent police report in
case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable
or illegible as a record of notarial acts, the notary public shall, within ten (10) days after
informing the appropriate law enforcement agency in the case of theft and vandalism; and
14. Immediately deliver the notarial register and notarial records to the office of the Executive Judge
upon revocation or expiration of a notarial commission, or death of the notarial public (Rule VI,
A.M. No. 02-8-13-SC).

96. When is a notary public prohibited to perform a notarial act?

Notaries public shall not perform notarial acts:

1. Outside his regular place, or business; or
2. If the person involved as signatory to the instrument or document:
a.) Is not in the notary’s presence personally at the time of the notarization; and
b.) Is not personally known to the notary public or otherwise identified by the notary public
through competent evidence of identity. (Rule IV, Sec. 2, A.M. No. 02-8-13-SC)

97. When is a notary public allowed to perform a notarial act outside his regular place or
business?

On certain exceptional occasions or situations, a notarial act may be performed at the request of
the parties in the following sites located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined
for treatment; and
(4) any place where a party to an instrument or document requiring notarization is under detention.
( Rule IV, Sec. 2, A.M. No. 02-8-13-SC).

98. When is a notary public disqualified from performing a notarial act?

A notary public is disqualified from performing a notarial act if he:

(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest,
cash, property, or other consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity
of the principal within the fourth civil degree. (Rule IV, Sec. 3, A.M. No. 02-8-13-SC)

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99. Where should the petition for appointment as a notary public be filed with? (2012)

a.) The Office of the Court Administrator

b.) The Clerk of Court
c.) The MeTC executive Judge
d.) The RTC Executive Judge

The correct answer is letter “D.” A notarial commission may be issued by an Executive Judge to any
qualified person who submits a petition in accordance with the Rules. (Rule III, Sec. 1, A.M. No.
02-8-13-SC)

100. Who can revoke a notary’s notarial commission? (1995 BAR)

The notarial commission may be revoked by the Executive Judge of the Regional Trial Court
who issued the commission. (Rule XI, Sec. 1, A.M. No. 02-8-13-SC)

4. Notarial Register

101. What is a notarial register?

A notarial register refers to a permanently bound book with numbered pages containing a
chronological record of notarial acts performed by a notary public. (Rule II, Sec. 5, A.M. No. 02-
8-13-SC)

102. Who is required to sign or affix a thumb mark on the notarial register?

At the time of notarization, the notary’s notarial register shall be signed or a thumb or other mark
affixed by each:
a.) Principal;
b.) Credible witness swearing or affirming to the identity of a principal; and
c.) Witness to a signature by thumb or other mark, or to a signing by the notary public on behalf
of a person physically unable to sign. (Rule VI, Sec. 3, A.M. No. 02-8-13-SC)

103. Johaida discovered that a certain Serena paid the real estate tax on her property. Upon
verification, a deed of absolute sale transferring the property to Serena was notarized
by Atty. Aaron. However, the National Archives disclosed that the notarial details
appearing in the deed of absolute sale pertained to another document. Atty. Aaron
asserted that his secretary failed to record the assailed document in his notarial book
and used the same notarial details in notarizing another document. May Atty. Aaron
delegates the tasks of recording entries in his notarial register to his secretary?

No. The delegation of his notarial function of recording entries in his notarial register to his
secretary is a clear contravention of the explicit provision of the notarial rules that such duty should
be fulfilled by him and not by anyone else. This is a direct violation of Canon 9, Rule 9.01 of the
Code which provides that a lawyer shall not delegate to any unqualified person the performance
of any task which by law may only be performed by a member of the Bar in good standing.
(Buenafe vs. Lirazan, A.C. No. 9361, March 20, 2019)

5. Jurisdiction of Notary Public and Place of Notarization

104. What is the extent of the jurisdiction of a notary public?

The jurisdiction of a notary public is any place within the territorial jurisdiction of the
commissioning court (Sec. 11, Rule 3, A.M. No. 02-8-13-SC). If the territorial jurisdiction of the

32
 commissioning court is a province, then the jurisdiction of the notary public shall be co-extensive
with the province, or if a city then it shall be co-extensive with said city. No notary shall possess
authority to do any notarial act beyond the limits of his jurisdiction. (Section 240, Chapter 12,
Book V, Volume I, Revised Administrative Code of 191)

105. Jojo, a resident of Cavite, agreed to purchase the lot owned by Tristan, a resident of
Bulacan. Atty. Agaton, Jojo’s lawyer who is also a notary public, prepared the Deed of
Sale and Jojo signed the document in Cavite. Atty. Agaton then went to Bulacan to get
the signature of Tristan. Thereafter, Atty. Agaton went back to his office in Cavite
where he notarized the Deed of Sale. Is the notarization legal and valid? Explain.

The notarization is not legal nor valid. A person shall not perform a notarial act if the person
involved as signatory to the instrument or document is not personally in the notary’s presence at
the time of notarization. Here, Tristan was not in Atty. Agaton’s presence when the latter notarized
the deed of sale in his office in Cavite; moreover, Tristan signed in Bulacan which is outside the
Atty. Agaton’s territorial jurisdiction. (Rule IV, Section 2(b), A.M. No. 02-8-13-SC)

6. Competent Evidence of Identity

106. What constitutes competent evidence of identity?

The phrase “competent evidence of identity” refers to the identification of an individual based on:
1. At least one current identification document issued by an official agency bearing the
photograph and signature of the individual; or
2. The oath or affirmation of one credible witness not privy to the instrument, document or
transaction who is personally known to the notary public and who personally knows the
individual, or of two credible witnesses neither of whom is privy to the instrument, document
or transaction who each personally knows the individual and shows to the notary public
documentary identification (Rule II, Sec. 12, A.M. No. 02-8-13-SC).

7. Sanctions

107. Can a sanction be executed without notice or hearing?

No. Upon verified complaint by an interested, affected or aggrieved person, the notary public shall
be required to file a verified answer to the complaint.

If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary
hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If
the charges are duly established, the Executive Judge shall impose the appropriate administrative
sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for
review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately
executory, unless otherwise ordered by the Supreme Court. (Rule 11, Sec. 1[c], A.M. No. 02-8-
13-SC)

108. What are grounds for revocation and administrative sanctions?

The following are the grounds for revocation and administrative sanctions:

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 a.) The Executive Judge shall revoke a notarial commission for any ground on which an
application for a commission may be denied;
b.) In addition, the Executive Judge may revoke the commission of, or impose appropriate
administrative sanctions upon, any notary public who:

1. fails to keep a notarial register;

2. fails to make the proper entry or entries in his notarial register concerning his notarial
acts;
3. fails to send the copy of the entries to the Executive Judge within the first ten (10) days
of the month following;
4. fails to affix to acknowledgments the date of expiration of his commission;
5. fails to submit his notarial register, when filled, to the Executive Judge;
6. fails to make his report, within a reasonable time, to the Executive Judge concerning
the performance of his duties, as may be required by the judge;
7. fails to require the presence of a principal at the time of the notarial act;
8. fails to identify a principal on the basis of personal knowledge or competent evidence;
9. executes a false or incomplete certificate under Section 5, Rule IV;
10. knowingly performs or fails to perform any other act prohibited or mandated by these
Rules; and
11. commits any other dereliction or act which in the judgment of the Executive Judge
constitutes good cause for revocation of commission or imposition of administrative
sanction (Rule 11, Sec. 1, A.M. No. 02-8-13-SC).

II. JUDICIAL ETHICS

109. What is Judicial Ethics?

A branch of moral science which treats of the right and proper conduct to be observed by all
judges and magistrates in trying and deciding controversies brought to them for adjudication
which conduct must be demonstrative of impartiality, integrity, competence, independence, and
freedom from improprieties (Pineda, Judicial Ethics (2009), p. 1)

A. SOURCES

1. New Code of Judicial Conduct for the Philippine Judiciary

110. When did the New Code of Judicial Conduct for the Philippine Judiciary take effect?

The New Code of Judicial Conduct for the Philippine Judiciary took effect on June 1, 2004. (A.M.
NO. 03-05-01-SC)

111. What is the basis of the New Code of Judicial Conduct for the Philippine Judiciary?

It is based on the Bangalore Draft. The Bangalore Draft, as amended, is intended to be the
Universal Declaration of Judicial Standards applicable in all judiciaries. The adoption of the
universal declaration of standards for ethical conduct of judges embodied in the Bangalore Draft
as revised at the Round Table Conference of Chief Justices at The Hague is imperative not only to
update and correlate the Code of Judicial Conduct and the Canons of Judicial Ethics adopted for
the Philippines, but also to stress the Philippines' solidarity with the universal clamor for a universal
code of judicial ethics (A.M. NO. 03-05-01-SC)

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 2. Code of Judicial Conduct

112. When did the Code of Judicial Conduct take effect?

The Code of Judicial Conduct took effect on October 20, 1989 . It was superseded by the New
Code of Judicial Conduct on June 1, 2004. And in case of deficiency or absence of specific provision
in the New Code, the Canons of Judicial Ethics and the Code of Judicial Conduct shall be applicable
in a suppletory character. (A.M. NO. 03-05-01-SC)

B. QUALITIES

113. What qualities should an ideal judge possess under the New Code of Judicial
Conduct for the Philippine Judiciary?

Under the New Code of Judicial Conduct for the Philippine Judiciary, the qualities an ideal judge
should possess are as follows: a) Independence; b) Integrity; c) Impartiality; d) Propriety; e)
Equality; and f) Competence and Diligence. (Canons 1-6, New Code of Judicial Conduct)

1. Independence

114. What is judicial independence?

Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair
trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and
institutional aspects (Canon 1, New Code of Judicial Conduct).

115. Provide the distinction between the two (2) concepts of judicial independence.

One concept is individual judicial independence, which focuses on each particular judge and
seeks to insure his or her ability to decide cases with autonomy within the constraints of the law.
A judge has this kind of independence when he can do his job without having to hear—or at least
without having to take it seriously if he does hear—criticisms of his personal morality and fitness
for judicial office.

The second concept is institutional judicial independence. It focuses on the independence of

the judiciary as a branch of government and protects judges as a class (Re: COA Opinion on the
Computation of the Appraised Value of the Properties Purchased by the Retired Chief/Associate
Justices of the Supreme Court, A.M. No. 11-7-10-SC, July 31, 2012).

116. How is a judge expected to exercise his judicial function?

A judge shall exercise his judicial function independently on the basis of his assessment of the
facts and in accordance with a conscientious understanding of the law, free of any extraneous
influence, inducement, pressure, threat, or interference, direct or indirect, from any quarter or for
any reason. ( Canon 1, Section 1, New Code of Judicial Conduct)

117. What constitutes the judge’s family?

A judge’s family includes:

1. Spouse;
2. Son/Daughter;
3. Son-in-law/Daughter-in-law;
4. Any other relative by consanguinity or affinity within the 6th civil degree; or

35
 5. Any person who is a companion or employee of the judge and who lives in the judge’s
household (A.M. No. 03-05-01-SC, Definitions).

2. Integrity

118. What is judicial integrity?

It refers to the exacting standard of morality and decency of the members of the bench.

The people’s confidence in the judicial system is founded not only on the magnitude of legal
knowledge and the diligence of the members of the bench, but also on the highest standard of
integrity and moral uprightness they are expected to possess. By the very nature of the bench,
judges, more than the average man, are required to observe an exacting standard of morality and
decency. The character of a judge is perceived by the people not only through his official acts but
also through his private morals as reflected in his external behavior. It is therefore paramount that
a judge’s personal behavior both in the performance of his duties and his daily life, be free from
the appearance of impropriety as to be beyond reproach. (Dela Cruz v. Bersamira, A.M. No. RTJ-
00-1567, July 24, 2000)

119. What is the expected behavior of a judge?

Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so
in the view of a reasonable observer. The behavior and conduct of judges must reaffirm the
people's faith in the integrity of the judiciary. Justice must not merely be done but must also be
seen to be done. Lastly, judges should take or initiate appropriate disciplinary measures against
lawyers or court personnel for unprofessional conduct of which the judge may have become aware.
(Canon 2, Sec. 1-3, New Code of Judicial Conduct)

120. Does the non-filing of SALN indicate a lack of integrity?

Yes. Failure to submit the required SALN indicates lack of integrity. One of the Constitutional duties
of a public officer is to submit a declaration under oath of his or her assets, liabilities, and net
worth upon assumption of office and as often thereafter as may be required by law. When the
Constitution and the law exact obedience, public officers must comply and not offer excuses. When
a public officer is unable or unwilling to comply, he or she must not assume office in the first place,
or if already holding one, he or she must vacate that public office because it is the correct and
honorable thing to do. A public officer who ignores, trivializes or disrespects Constitutional and
legal provisions, as well as the canons of ethical standards, forfeits his or her right to hold and
continue in that office. (Republic v. Sereno, G.R. No. 237428, May 11, 2018)

3. Impartiality

121. How should judges perform their duties?

Judges shall perform their judicial duties without favor, bias or prejudice. (Canon 3, Sec. 1, New
Code of Judicial Conduct).

122. Is there a presumption of regularity on a judge’s performance of his judicial functions?

Yes. A judge is presumed to have acted with regularity and good faith in the performance of
judicial functions. Hence, bias, prejudice, and even undue interest cannot be presumed, especially
when weighed against a judge’s sacred obligation under oath of office to administer justice without

36
 respect to any person and do equal right to the poor and the rich. (Datuin, Jr. vs. Soriano, A.M.
RTJ-01-1640, October 15, 2002)

123. How do you prove a judge's bias and prejudice?

It must be proven with clear and convincing evidence. Bare allegations of partiality and
prejudgment will not suffice. (Dimo Realty & Dev’t Inc. vs. Dimaculangan, G.R. No. 130991, March
11, 2004).

124. May a judge restrict themselves voluntarily from sitting in a case?

Yes. A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case,
for just or valid reasons. (Rule 137, Section 1, Rules of Court)

125. Can judges make any comments regarding a case while still in proceedings?

No. Judges shall not knowingly, while a proceeding is before, or could come before them, make
any comment that might reasonably be expected to affect the outcome of such proceeding or
impair the manifest fairness of the process. Nor shall judges make any comment in public or
otherwise that might affect the fair trial of any person or issue. (Canon 3, Sec. 4, New Code of
Judicial Conduct)

126. What are the instances wherein judges should disqualify themselves from
participating in any proceedings?

a.) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
b.) The judge previously served as a lawyer or was a material witness in the matter in controversy;
c.) The judge, or a member of his or her family, has an economic interest in the outcome of the
matter in controversy;
d.) The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter
in controversy, or a former associate of the judge served as counsel during their association,
or the judge or lawyer was a material witness therein;
e.) The judge's ruling in a lower court is the subject of review;
f.) The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree
or to counsel within the fourth civil degree; or
g.) The judge knows that his or her spouse or child has a financial interest, as heir, legatee,
creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the
proceeding, or any other interest that could be substantially affected by the outcome of the
proceedings. (Canon 3, Sec. 5, New Code of Judicial Conduct)

127. Is the list above exclusive?

No. There may be other instances. (Canon 3, Sec. 5, New Code of Judicial Conduct)

4. Propriety

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128. Are propriety and the appearance of propriety essential to the performance of all the
activities of a judge?

Yes. Propriety and the appearance of propriety are essential to the performance of all the activities
of a judge. Judges shall avoid impropriety and the appearance of impropriety in all of their
activities. (Canon 4, Sec. 1, New Code of Judicial Conduct)

129. What is Immorality?

It has been defined to include not only sexual matters but also conduct inconsistent with rectitude,
or indicative of corruption, indecency, depravity, and dissoluteness; or is willful, flagrant, or
shameless conduct showing moral indifference to opinions of respectable members of the
community, and an inconsiderate attitude toward good order and public welfare. (Mah-Arevalo vs.
Mantua, A.M. No. RTJ-13-2360, November 19, 2014).

130. A retired member of the Judiciary is now engaged in private practice. In attending
hearings, he uses his car bearing his protocol plate which was issued to him while still
in the service. Pass on the ethical aspect of the judge’s use of the protocol plate.

It is unethical and improper for the retired judge to use the protocol plate issued to him when he
was still a Judge. As a retired judge, he is no longer entitled to use such protocol plate. He is now
a practicing lawyer and not anymore a member of the judiciary. His act of using said protocol plate
is a deceitful conduct as he gives the Impression that his vehicle belongs to a member of the
judiciary which in truth and in fact is not.’ As a former Judge now engaged in private practice, he
should know better that he should not engage in unlawful, dishonest, immoral or deceitful conduct
(Cabochan, Ethically Yours (2018), p. 168).

131. How can judges exercise their right to freedom of expression, belief, association and
assembly?

By always conducting themselves in such a manner as to preserve the dignity of the judicial office
and the impartiality and independence of the judiciary. (Canon 4, Sec. 6, New Code of Judicial
Conduct)

132. What are some of the activities that judges may still exercise while in the performance
of their judicial duties?

a. Write, lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice or related matters;
b. Appear at a public hearing before an official body concerned with matters relating to the law,
the legal system, the administration of justice or related matters;
c. Engage in other activities if such activities do not detract from the dignity of the judicial office
or otherwise interfere with the performance of judicial duties. (Canon 4, Sec. 10, New Code
of Judicial Conduct).

133. When can a judge accept a gift?

Subject to law and to any legal requirements of public disclosure, judges may receive a token gift,
award or benefit as appropriate to the occasion on which it is made, provided that such gift, award
or benefit might not reasonably be perceived as intended to influence the judge in the performance
of judicial duties or otherwise give rise to an appearance of partiality. (Canon 4, Sec. 14, New
Code of Judicial Conduct).

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134. After being diagnosed with stress dermatitis, Judge Rosalind, without seeking
permission from the Supreme Court, refused to wear her robe during court
proceedings. When her attention was called, she explained that whenever she wears
her robe she is reminded of her heavy caseload, thus making her tense. This, in turn,
triggers the outbreak of skin rashes. Is Judge Rosalind justified in not wearing her
judicial robe? Explain.

No. Judge Rosalind is not justified in not wearing her judicial robe without the permission of the
Supreme Court. The judicial robe is as important as the gavel as it shows that judges are duty
bound to uphold the Constitution and the rule of law. The wearing of robes by judges (Adm.
Circular No. 25, June 3, 1989) heightens public consciousness on the solemnity of judicial
proceedings and impresses upon the judge the obligations of his judicial office. While Judge
Rosalind claims a medical condition for not wearing her judicial robe, she cannot just excuse
herself from such requirements. She needs to secure permission from the Supreme Court not to
wear the robe (Chan v. Majaducon, A.M. No. RTJ-02-1697, October 15, 2003, Cabochan, Ethically
Yours (2018), p. 168-169).

135. During the hearing of an election protest filed by his brother, Judge E sat in the area
reserved for the public, not beside his brother's lawyer. Judge E's brother won the
election protest. Y, the defeated candidate for mayor, filed an administrative case
against Judge E for employing influence and pressure on the judge who heard and
decided the election protest. Judge E explained that the main reasons why he was
there in the courtroom were because he wanted to observe how election protests are
conducted as he has never conducted one and because he wanted to give moral
support to his brother. Did Judge E commit an act of impropriety as a member of the
judiciary? Explain.

Yes. Judge E committed an act of impropriety by attending, in another court, the hearing of the
election protest of his brother. As a judge, he has the duty to maintain and preserve the integrity
of the entire judiciary. "Propriety and the appearance of propriety is essential to the performance
of all the activities of a judge." (Canon 4, New Code of Judicial Conduct).

His defense that he attended the hearing to give his brother moral support and observe how
election protest proceedings are conducted cannot, and should not, be considered as more
consequential than his duty to preserve the integrity of the entire judiciary. The fact that he was
in the courtroom, during the hearing of the election protest, would make the public suspect that
he is trying to influence his colleague even if that was not his intention. (Vidal v. Dojillo, Jr., 463
SCRA 264) "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) (Cabochan, Ethically Yours (2018), p. 170-171)

136. Before he joined the bench, Judge J was a vice-mayor. Judge J resumed writing a
weekly column in a local newspaper. In his column, Judge J wrote:

"I was wondering if the present vice- mayor can shed off his crocodile hide so that he
can feel the clamor of the public for the resignation of hoodlum public officers of which
he is one." When charged administratively, Judge J invoked freedom of expression. Is
his defense tenable? Explain.

No. The defense of Judge J is not tenable. His reliance on the constitutional guarantee of freedom
of expression is out of place. It was improper for him to write the above statement in his column
because such writing has compromised his duties as a judge in the impartial administration of
justice. He lacked judicial decorum, was instigating litigation and did not conduct himself in a
manner as to preserve the dignity of his judicial office. (Galang v. Santos, 307 SCRA 583; Royeca

39
 ú. Animas, 71 SCRA 1) "Judges, like any other citizen, are entitled to freedom of expression, belief,
association and assembly, but in exercising such rights, they shall always conduct themselves in
such a manner as to preserve the dignity of the judicial office and impartiality and independence
of the judiciary." (Sec. 6, Canon 4, New Code of Judicial Conduct) (Cabochan, Ethically Yours
(2018), p. 161)

5. Equality

137. Can a judge dismiss a case because of his beliefs?

No. Judges shall be aware of, and understand, diversity in society and differences arising from
various sources, including but not limited to race, color, sex, religion, national origin, caste,
disability, age, marital status, sexual orientation, social and economic status and other like causes.
(Canon 5, Sec. 1, New Code of Judicial Conduct)

6. Competence and Diligence

138. 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.

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, 302 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 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) 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."
(Canon 6, Section 1, New Code of Judicial Conduct) (Cabochan, Ethically Yours (2018), p. 176)

139. May a judge decline to render a judgment in a case?

No. No judge or court shall decline to render judgment by reason of silence, obscurity, or
insufficiency of the laws (Article 9, Civil Code).

140. When is there gross ignorance of the law?

When the error committed by a judge was gross, patent, deliberate, or malicious. It may also be
committed when a judge ignores, contradicts, or fails to apply settled law and jurisprudence
because of bad faith, fraud, dishonesty, or corruption. (Chua Keng Sin vs. Mangete, A.M. No.
MTJ-15-1851, February 11, 2015).

141. Is bad faith a necessary element of gross ignorance of law?

GENERAL RULE: Not every error or mistake committed by a judge in the exercise of his
adjudicative functions renders him liable. To hold a judge administratively liable for gross
ignorance of the law, the assailed decision, order, or act of the judge in the performance of his

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 judicial duties must not only be contrary to existing law or jurisprudence, but must also be
motivated by bad faith, fraud, dishonesty, or corruption on his part. (Ortega Jr., v. Dacara, A.M.
No. RTJ-15-2423, January 11, 2017).

EXCEPTION: When the law or procedure is so elementary, for him not to know it or to act as if
he does not know it constitutes gross ignorance. (Corpus v. Ochotoresa, A.M. No. RTJ-04-1861,
July 30, 2004).

142. Can a judge serve as executor, administrator, trustee, guardian, and fiduciary?

GENERAL RULE: a judge is prohibited from serving as executor, administrator, trustee, guardian
or other fiduciary. The intent of the rule is to limit a judge's involvement in the affairs and interests
of private individuals to minimize the risk of conflict with his judicial duties and to allow him to
devote his undivided attention to the performance of his official functions. When a member of the
bench serves as administrator of the properties of private individuals, he runs the risk of losing his
neutrality and impartiality, especially when the interests of his principal conflict with those of the
litigant who comes before his court.

EXCEPTIONS: if the estate, trust, ward, or person for whom he will act as executor, administrator,
trustee, guardian or fiduciary is a member of his immediate family, provided that the judge’s
services as fiduciary shall not interfere with the performance of his judicial functions, it may be
allowed. (Lopez v. Lucmayon, A.M. No. MTJ-13-1837, September 24, 2014).

143. Is there a duty on the part of the judge to make full financial disclosure?

Yes. A judge shall make full financial disclosure as required by the law. All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or temporary
workers, shall file under oath their SALN and a Disclosure of Business Interests and Financial
Connections and those of their spouses and unmarried children under eighteen (18) years of age
living in their households. (Section 8[a],R.A. No. 6713).

144. Can a judge be appointed in quasi-judicial and administrative agencies?

No. A judge shall not accept appointment or designation to any agency performing quasi-judicial
or administrative functions. (Book II, Sec. 23,E.O. 292).

145. 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 even contributed a modest amount to the
campaign kitty and hosted lunches and dinners. Did Judge L incur administrative
and/or criminal liability? Explain.

Yes. Judge L incurred administrative and criminal liabilities. He is administratively liable because
he participated in partisan politics which is prohibited by the Code of Judicial Conduct. “A Judge is
entitled to entertain personal views on political questions, but to avoid suspicion of political
partisanship, a judge shall not make political speeches, contribute to party funds, publicly endorse
candidates for political office or participate in other partisan political activities''. (Rule 5.10, Code
of Judicial Conduct).

He may also be criminally liable for violation of the Omnibus Election Code. Section 261(i) of the
said Code prohibits any officer or employee in the civil service to, directly or indirectly, intervene
in any election campaign or engage in any partisan political activity, except to vote or to preserve

41
 public order. The facts of the case show that Judge L committed election offenses which are
penalized by the Omnibus Election Code (Cabochan, Ethically Yours (2018), p.157-158).

C. DISQUALIFICATION OF JUDICIAL OFFICERS

1. Compulsory

146. What is compulsory disqualification?

Compulsory disqualification is when judges are duty-bound to inhibit themselves in some

instances. (Rule 137, Section 1, Rules of Court)

147. When would a judge be compulsorily disqualified to sit in a case?

A judge would be compulsory disqualified to sit in case on the following instances:

1. he or his wife or child is pecuniarily interested as heir, legatee, creditor or otherwise;
2. if he is related to either party within the sixth degree of consanguinity or affinity;
3. he is related to counsel within the fourth degree, computed according to the rules of the civil
law;
4. in which he has been executor, administrator, guardian, trustee or counsel; and
5. in which he has presided in any inferior court when his ruling or decision is the subject of
review, without the written consent of all parties in interest, signed by them and entered upon
the record. (Rule 137, Section 1, Rules of Court)

148. How can a party prove that a judge shall be prohibited from sitting on the case?

The party should be able to provide a clear and convincing evidence to prove the charge. Bare
allegations of partiality and prejudgment will not suffice. Bias and prejudice cannot be presumed
especially if weighed against a judge's sacred obligation under his oath of office to administer
justice without respect to person and do equal right to the poor and the rich. (Go v. Court of
Appeals, G.R. No. 106087, April 7, 1993)

149. In what proceeding should a judge take no part where his impartiality might
reasonably be questioned?

These cases include among others, proceedings where:

a) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding;
b) The judge served as executor, administrator, guardian, trustee or lawyer in the case or matters
in controversy, or a former associate of the judge served as counsel during their association,
or the judge or lawyer was a material witness therein;
c) The judge’s ruling in a lower court is the subject of review;
d) The judge is related by consanguinity or affinity to a party litigant within 6th degree or to
counsel within 4th degree;
e) The judge knows that the judge’s spouse or child has a financial interest, as heir, legatee,
creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the
proceeding; or
f) Any other interest that could be substantially affected by the outcome of the proceeding. (Rule
3.12, Code of Judicial Conduct).

2. Voluntary

150. Brenda filed a motion for inhibition against Judge Lopez, citing that the judge was
biased by participating during the cross-examinations in the form of questioning to
test the credibility of petitioner’s witness and allowing the presentation of a

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 photocopy of a document despite Brenda's objection that the original must be
attached to the affidavit. Judge Lopez contends that she did such actions as there was
a deliberate attempt from Brenda to delay the proceedings.

Should Judge Lopez be inhibited from presiding the case?

Yes. Judge Lopez allowed the introduction of a document containing a summary of a witness'
testimony, despite being a mere photocopy. In declaring that a photocopy of a document was an
"authentic document," he disregarded one of the very elementary rules of evidence. Judges should
avoid not just impropriety in their conduct but even the mere appearance of impropriety 56 for
appearance is an essential manifestation of reality. It bears stressing that the duty of judges is
not only to administer justice but also to conduct themselves in a manner that would avoid any
suspicion of irregularity. Hence, any act which would give the appearance of impropriety becomes,
of itself, reprehensible. (Celerina Cayag v. Sulpicio Lines G.R. No. 221864. September 14, 2016)

151. Give three (3) instances wherein a judge should voluntarily disqualify himself from
participating in any proceedings.

Some of the instances wherein in a judge should voluntarily disqualify himself from participating
in any proceedings:

1. The judge’s ruling in a lower court is the subject of review;

2. The judge, or a member of his or her family, has an economic interest in the outcome of the
matter in controversy; and
3. The judge previously served as a lawyer or was a material witness in the matter in
controversy. (Canon 3, Sec 5, New Code of Judicial Conduct)

Other Suggested Answers:

1. The judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings.
2. The judge is related by consanguinity or affinity to a party litigant within the sixt civil degree
or to counsel within fourth civil degree
3. The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter
in controversy, or a former associate of the judge served as counsel during their association,
or the judge or lawyer was a material witness therein;
4. The judge knows that his or her spouse or child has a financial interest, as heir, legatee,
creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the
proceeding, or any other interest that could be substantially affected by the outcome of the
proceedings. (Canon 3, Sec 5, New Code of Judicial Conduct)

152. Mario Gomez filed an administrative case against Judge Castro upon averments that
the Judge is incompetent and displayed partiality in handling the case wherein Gomez
is a counsel to one of the parties. Judge Castro stated that the case before him would
be delayed if it will be transferred to another sala, causing further disadvantage to the
parties and violative of his duty as a judge.

Whether Judge Castro is disqualified as a counsel of a party litigant is his adversary in

an administrative case against him?

No. No act or conduct of his would show arbitrariness or prejudice. The court is not to assume
what the respondent judge, not otherwise legally disqualified, will do in a case before him.
Prejudice is not to be presumed. Especially if weighed against a judge's legal obligation under his
oath to administer justice "without respect to person and do equal right to the poor and the rich.

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 To disqualify or not to disqualify himself then, as far as the respondent judge is concerned, is a
matter of conscience. Since the respondent judge is not legally under obligation to disqualify
himself, the court may not prevent him from sitting, trying and rendering judgment in the cases.
(Constante Pimentel v. Judge Salonga, G.R. No. L-27934, September 18, 1967).

D. DISCIPLINE AND ADMINISTRATIVE JURISDICTION OVER MEMBERS OF THE JUDICIARY

1. Supreme Court
a. Impeachment

153. What is the method of national inquiry into the conduct of Supreme Court magistrates?

(a) Administrative investigation

(b) Disqualification
(c) Impeachment
(d) Disbarment

The correct answer is letter “C.” Impeachment.

Justices of the Supreme Court may be removed from office, through impeachment upon conviction
of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes,
or betrayal of public trust. (Section 2, Article XI, 1987 Constitution)

154. What are the grounds for impeachment?

The following are the grounds for impeachment:

1. Culpable violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft and corruption;
5. Other high crimes;
6. Betrayal of public trust. (Section 2, Article XI, 1987 Constitution)

155. Differentiate impeachment from a quo warranto proceeding.

IMPEACHMENT QUO WARRANTO

As to Provision

Section 2, Article XI, 1987 Constitution Rule 66, Rules of Court

As to Definition

Impeachment is a political process undertaken by the A quo warranto proceeding is the

legislature to determine whether the public officer committed
any of the impeachable offenses, namely, culpable violation of
the Constitution, treason, bribery, graft and corruption, other
high crimes, or betrayal of public trust.
proper action to inquire into a public
officer's eligibility or the validity of his
appointment.
A quo warranto proceeding involves
a judicial determination of the right
to the use or exercise of the office.

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 As to Parties

Impeachable officers are Quo Warranto may be commenced

against:

a. President of the Philippines

b. Vice President of the Philippines a. A person usurps, intrudes into,
c. Justices of the Supreme Court of the Philippines or unlawfully holds or exercises
d. Members of Constitutional Commissions a public office, position or
e. Ombudsman franchise;
b. A public officer does or suffers
an act which, by the provision of
law, constitutes a ground for the
forfeiture of his office; or,
c. An association which acts as a
corporation within the
Philippines without being legally
incorporated or without lawful
authority so to act.

As to Grounds

a. Culpable violation of the Constitution, Basis: The occupant is disqualified

b. treason, from holding the office by reason of
c. bribery, ineligibility or disloyalty.
d. graft and corruption,
e. other high crimes,
f. or betrayal of public trust.

As to Nature

Impeachment is political. Quo Warranto is a judicial

proceeding.

Who has jurisdiction over

The Senate (sole power to try and decide impeachment cases) The Supreme Court (original
jurisdiction over petitions for Quo
Warranto)

concurrent jurisdiction with the Court

of Appeals and the Regional Trial
Court

As to Purpose

To formally charge a serving government official with an To try the right or title to the office
impeachable offense

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 As to Who can File

House of Representatives (exclusive power) GR: The Government through the

Solicitor General or the public
Rules of Procedure in Impeachment Proceedings provides that prosecutor
impeachment shall be initiated by the filing and subsequent
referral to the Committee on Justice of: Exception: An individual claiming to
a. a verified complaint for impeachment filed by any Member be entitled to a public office or
of the House of Representatives or; position usurped or unlawfully held or
b. a verified complaint filed by any citizen upon a resolution exercised by another
of endorsement by any Member thereof; or
c. a verified complaint or resolution of impeachment filed by
at least one-third (1/3) of all the Members of the House.
(Republic v. Sereno, G.R. No. 237428, June 19, 2018)

2. Lower Court Judges and Justices

a. Sanctions Imposed by the Supreme Court on Erring Members of the Judiciary

156. Atty. Mendoza, a newly minted lawyer, filed a motion to approve a compromise
agreement entered into by his client and the defendants. During the hearing under
Judge Claro, Atty. Mendoza was repeatedly shouted at by the Judge. The judge was
annoyed that Atty. Mendoza already resorted to barangay settlement during its
pendency in the court. Atty. Mendoza was then put into direct contempt, ordering him
to serve two days in jail.

Atty. Mendoza said that he will question the contempt order. After which, he was again
put into contempt by Judge Claro and was ordered to serve an additional day in jail.

The Court of Appeals recommended that Judge Claro must be reprimanded since it is
his first offense, but further violations may be dealt with a more severe sanction.

1. Whether Judge Claro is administratively liable for citing Atty. Mendoza in contempt
twice?

2. Is the recommendation to reprimand Judge Claro proper?

1) Yes. Rule 3.04 of the Code of Judicial Conduct requires that a judge should be patient,
attentive, and courteous to lawyers, especially the inexperienced, to litigants, witnesses,
and others appearing before the court. Judge Claro showed unjustified use of the authority
vested upon him by law. Such contempt order is excessive and is not the proper use of
such power.

2) Yes. Section 17, Rule 140 provides that a respondent guilty of a light charge may be
imposed with a sanction of a fine of not less than P1,000 but not exceeding P35,000, or
censure, or reprimand. While Judge Claro used his contempt power excessively, it does
not fall under a serious or less serious charge which are met with heavier sanctions. As it
is Judge Claro’s first offense, the CA’s recommendation to reprimand him is proper. (Office
of the Court Administrator v. Judge Paderanga, A.M. No. RTJ-01-1660, August 25, 2005)

157. Give at least seven (7) serious administrative charges under Rule 140.

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 Serious charges include:
(1) serious dishonesty;
(2) partisan political activities;
(3) gross ignorance of the law or procedure;
(4) sexual harassment;
(5) gross immorality;
(6) commission of a crime involving moral turpitude; and
(7) gross insubordination. (Rule 140, Sec 14, Rules of Court)

Other Suggested Answers:

1. gross misconduct constituting violations of the Code of Judicial Conduct or of the Code of
Conduct for Court Personnel;
2. bribery, direct and indirect, and violations of the Anti-Graft and Corrupt Practices Act;
3. gross neglect of duty in the performance or non-performance of official functions
4. knowingly rendering an unjust judgment or order;
5. falsification of official documents, including making untruthful statements in the certificates of
service;
6. borrowing money or property from lawyers and/or litigants in case pending before the court;
7. possession and/or use of illegal drugs or substances;
8. grave abuse of authority, and/or prejudicial conduct that gravely besmirches or taints the
reputation of the service. (Rule 140, Sec 14, Rules of Court)

158. Beverly works as a Clerk of Court in the Regional Trial Court in Imus. She failed to
submit monthly reports of collections and deposits and failed to issue official receipts.
The audit found out that Beverly used money from the judiciary fund to pay for her
son’s tuition. Beverly defended that she will return the money and only resorted to
using it as the tuition fee needs to be paid urgently. The recommendation was to
suspend her for 6 months without salary and benefits.

Is the sanction proper?

No. Beverly violated OCA Circulars on strict compliance with the Auditing and Accounting Manual
and mandate for clerks to deposit collections within 24 hours. The proper sanction must be a
dismissal for gross dishonesty under Section 14 of Rule 140 as it was clear that Beverly malversed
the judiciary funds. (Office of the Court Administrator v. Lorenza Martinez, A.M. No. P-06-2223,
June 10, 2013).

159. Judge Tomas was granted an authority to travel to Australia for a Judicial Colloquium
and was expected to return on May 15, 2018. Judge Tomas reported back to the office
on May 27, 2018, citing that he had family matters to attend. He was once again
authorized to travel from July 1 to July 20, 2018 to London for his daughter’s wedding.
He returned to work on August 2, 2018 citing that he missed his flight due to a mistake
in reminders.

The OCA recommended that he be given a stern warning for his failure to follow OCA
Circular No. 49-2003 twice.

Should Judge Tomas be given a stern warning?

Yes. The OCA Circular requires that a request must be made for an extension of the period to
travel/stay abroad, and for such to be received by the OCA ten (10) working days before the
expiration of the original travel authority. Failure of such would mean that absence after which is
unauthorized. Judge Tomas failed to file an extension despite having the knowledge about the

47
 said circular. Hence, the sanction is proper (RE: Unauthorized Travel Abroad of Judge Cleto R.
Villacorta III, A.M. No. 11-9-167-RTC, F November 11, 2013).

160. What constitutes gross misconduct to be warranted for a dismissal from the service?

The violation must be of serious nature, and pursuant to case law, must involve the elements or
corruption, clear intent to violate the law or flagrant disregard of established rules, must be
manifest and established by substantial evidence. (Office of the Court Administrator vs. Del
Rosario, A.M. No. P-2004071, September 15, 2020).

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