BAR LECTURE SERIES OF 2024

LEGAL AND JUDICIAL ETHICS

Atty. John R. Jacome
25 February 2024

SCRIBES TEAM: MIER AIRISH DELA CRUZ | SARAH RIGUERA

CHECKED BY: MIKHAELA MAYUGA | MARIEL ARAGON | JILLIAN QUIMSON

INTRODUCTION

A. Ethics
● It came from the Greek word "ethos", ethos, which originally meant tradition, norm, conduct,
practice.
● It evolved to morality, standard, set of rules, particularly rules of right or wrong.
● It is always almost connected to what we call "mores", which has the same meaning of norms,
standards, and rules, which is also the origin of the word morality.
● It is a science or a study of the standards of what is right or wrong. So formally defined It
refers to well-founded standards of right and wrong that protects what humans ought to do,
usually in terms of rights, obligations, benefits to society, fairness, or specific virtues; a set of
right or wrong.

B. Relevant ethical theories

● Aristotle
○ The proponent of teleological ethics. So, teleological from the word telos means
function, purpose, goal and Aristotle would say that everything in this world, including
human beings, has goals, has function, has purpose and so on and so forth.
○ The answer to the question of “goal” for Aristotle is human flourishing. Eudaimonia. Eu
means good, daimon means good, meaning a state of being watched by the gods.
Good Gods. In other words, happiness. So whatever leads to happiness or human
flourishing, human development so that you can achieve the best possible version of
yourself, then that is good. You will not self-destruct, you will not self-sabotage. So you
will do things that will be good for you.
○ Whatever contributes to human flourishing, whatever contributes to human
happiness is good. It is pleasure or honor, but for Aristotle actually is virtue. Virtue is
the one that will lead you to happiness.
○ So in our context in legal and judicial ethics, probably Aristotle is saying to our lawyers
and judges that if you want to be good, then you should be a virtuous judge, you
should be a virtuous lawyer, a lawyer of virtue, a judge of virtue.
● Natural law ethics of the Stoics, as adopted by St. Thomas Aquinas
○ The idea is this. “in quod modo omnia.” We participate in the wisdom of God, the
goodness of God. Then in some sense we have the idea of the totality.
○ In some sense we know what is right or wrong. In some sense we know what makes
an action good and what makes an action evil. And so the basic action for Saint
Thomas Aquinas is do good and avoid evil. Do good and avoid evil.

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 ○ And how do you know that? By using your conscience / "synderesis". So speaking to
our lawyers or judges, probably Saint Thomas is talking, that you should have
conscience. You should use your conscience in determining what is right from what is
wrong.
● Deontological ethics by Immanuel Kant
○ Morality is a common experience, but for Kant you have to distinguish external
conformity from internal conformity. Morality or ethics is not external conformity. You
are not doing things for ulterior motives. To do good, it must not be propelled by
ulterior motives.
○ To do good, it must be propelled by internal conformity. Kant means that if it's really
good, then you have to do it. Something that is not something that is imposed on you,
but rather by your own decision and freedom, you do it because you ought to do it. In
other words, duty.
○ And as I mentioned, for lawyers, Kant is probably telling them, you should know your
duty as a lawyer, you should know your duty as a judge. What makes a duty, duty?
That's another question that Kant would answer in this categorical imperative.
● Utilitarian ethics by Jeremy Bentham, John Stuart Mill, Henry Sidgwick
○ The theory of utilitarianism is that whatever is good is pleasurable. Whatever is
pleasurable is good. If it brings pleasure, it's good. On the other hand, if it brings pain,
it's bad.
○ Because having money from this is pleasurable, then does it mean to say that having
more money is good? Having more concubines is more pleasurable? As you notice the
answer from you will be negative, because most of the causes or grounds for
disbarment are actually money, love for money, and love for somebody who is not your
wife.
○ Being ethical is not always what is leading to pleasure, useful.

PREFACE: LEGAL AND JUDICIAL ETHICS

A. Legal ethics
● It is a branch of moral science which treats of the duties which an attorney owes to the court,
to his client, to his colleagues, in the profession, and to the public.
● Scope/sources of questions in legal ethics: the Constitution, portion of the Rules of Court, for
Legal Ethics, the CPRA for judicial ethics, the New Code of Judicial Conduct, the Lawyer’s
Oath, jurisprudence.
● Four Cs that you need to master, make sure that you know the four Cs, where the lawyer
owes his duty: to the court, to his client, second C, three, his colleagues, and four, his
community. Here it mentions the public, but just to be consistent with the Cs, the
community. Another definition is the embodiment of all principles of morality and refinement
that should govern the conduct of every member of the Bar.
● Administrative No. 22-0901-SC: The Code of Professional Responsibility and
Accountability (CPRA)

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 ● One of the aims for revising the 1988 version actually is, well some of it probably are
outdated. There are a lot of recent developments when it comes to technology, when
it comes to social media, when it comes to mainstream media, A.I., and so on and so
forth.

B. Judicial Ethics
● From the word judiciary, it pertains to the members of the bench, the judge. They pertain
particularly to members of the bench. Judicial ethics consist of the standards and norms that
bear on judges and cover such matters as how to maintain independence, impartiality, and
avoid impropriety. Judicial ethics is part of the larger legal category of legal ethics.
● Still applicable is the 2024 new code of conduct for Philippine judiciary or also known as The
Code of Judicial Ethics. There are six canons in the Code of Judicial Conduct.
● In Zacarias v. Judge Marcos, Jan 27, 2004, speaking of jurisprudence in relation to judicial
ethics, the Supreme Court held that the action of judges and judicial personnel must not only
be proper at all times, but also appear to be so. This action is necessary because the image of
the judiciary is mirrored in the conduct, official or otherwise, of the men and women who
compose it. Failure to adhere steadfastly to this strict standard of conduct is a ground for
administrative sanctions.
● SC reiterates the highest standard, expected to act accordingly, even the appearance.

C. Importance of ethical principles

● All other professionals in this country are actually under the Professional Regulations
Commission or PRC, even medical doctors.
● Lawyers are under the constitution directly under the highest court of the land. So the
practice of law starting from the admission of lawyers is actually the responsibility of the
Supreme Court, which is why when it comes to ethics, much more is really expected from
lawyers.
● The ethical principles are the basis for the rules of the profession. Without an ethical
yardstick, it is impossible to set standards that regulate the exercise of a profession and
distinguish it from amateurism or quackery.
● Legal and judicial ethics remind lawyers that they should be ethical and moral. There is a
need for lawyers inspired by a value system idealism rather than pragmatism, by a sense of
service rather than greed. Lawyers not with cynicism, not complacency, but with dedication,
not apathy.
● Beden Law students are taught with ora et labora; Bedan values of excellence, prayer, work,
peace, community, service and excellence.

BASIC CONCEPTS ON ADMISSION TO PRACTICE

A. Supreme Court’s Administrative Supervision and Control over Members of the Philippine Bar
● The Supreme Court shall have the following powers: Promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and procedure in all

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 courts, the admission to the practice of law, the integrated bar, and legal assistance to the
underprivileged [Sec. 5(5), Article VIII, 1987 Constitution].

B. Lawyering is not a money-making venture

● No. Lawyering is not a money-making venture and lawyers are not merchants. Law advocacy
is not capital that yields profits. The returns it gives are simple rewards for a job done or
service rendered.
● It is a calling that, unlike mercantile pursuits which enjoy a greater deal of freedom from
governmental interference, is impressed with a public interest, for which it is subject to state
regulation. (Sesbreno v. CA, 16 April 2008)

C. Primary characteristics which distinguish the legal profession from a business

● Duty of service to the COMMUNITY – of which the emolument is a by-product and which one
may attain the highest eminence without making such money
● A relation as an officer of the COURT to the administration of justice
● A relation to the CLIENT in the highest degree of fiduciary
● A relation to the COLLEAGUES at the bar characterized by candor and fairness

D. Revised Lawyer’s Oath

● “I, (name), 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 so doing, I shall work
towards promoting the rule of law in 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
faithfully discharge these duties and responsibilities to the best of my ability, with integrity
and utmost civility. I impose upon myself without mental reservation nor purpose of evasion
so help me God.”

LEGAL ETHICS: CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY (A.M. NO.

22-09-01-SC)

A. CANON 1 - INDEPENDENCE, MERIT-BASED PRACTICE - SECTION 2

● “Independence” in CPRA: It refers to the independence of a lawyer in the discharge of
professional duties without any improper influence, restriction, pressure, or interference,
direct or indirect, to ensure effective legal representation.
● “Merit-based practice” in CPRA: It means that “a lawyer shall rely solely on the merits of a
cause not exert, or give appearance of, any influence on, nor undermine the authority of, the
court, tribunal, or other government agency, or its proceedings.” (Canon 1, Sec. 2, CPRA)

B. CANON 2 - PROPRIETY
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 a. Proper Conduct; Dignified Conduct – Sections 1 and 2
● New “catch-all” provision: Canon 2, Section 1.
● Why catch-all? If you are not unlawful, then you are dishonest. If you are not unlawful and
dishonest, then you are deceitful. If you are immoral, then you are all three: you are
unlawful, dishonest, and deceitful.

Proper Conduct Dignified Conduct

Proper conduct means a lawyer shall
not engage in unlawful, dishonest,
immoral, or deceitful conduct (Sec. 1,
CPRA)
Dignified conduct means a lawyer shall respect the
law, the courts, tribunals, and other government
agencies, their officials, employees, and processes,
and act with courtesy, civility, fairness, and candor
towards fellow members of the Bar. (Sec. 2, CPRA)

b. Use of Dignified, Gender-Fair, and Child- and Culturally Sensitive Language – Section 4
● Section 4. Use of dignified, gender-fair, and child- and culturally-sensitive language. – A
lawyer shall use only dignified, gender-fair, child- and culturally-sensitive language in all
personal and professional dealings. To this end, a lawyer shall not use language which is
abusive, intemperate, offensive or otherwise improper, oral or written, and whether made
through traditional or electronic means, including all forms or types of mass or social
media.
● This includes both oral and written.

c. Duty not to mislead the court, tribunal or other government agency on the existence or
content of any document, argument, evidence, law, or other legal authority, or pass off
as one’s own the ideas or words of another – Section 8
● Section 8. Prohibition against misleading the court, tribunal, or other government agency.
– A lawyer shall not misquote, misrepresent, or mislead the court as to the existence or
the contents of any document, argument, evidence, law, or other legal authority, or pass
off as one's own the ideas or words of another, or assert as a fact that which has not been
proven.
● This includes attaching affidavits
● Avoid applying jurisprudence not applicable to the facts, etc.

d. Duty to correct false or inaccurate statements and information made in relation to an

application for admission to the bar – Section 11
● Section 11. A lawyer shall correct false or inaccurate statements and information made in
relation to an application for admission to the bar, any pleading, or any other document
required by or submitted to the court, tribunal or agency, as soon as its falsity or inaccuracy
is discovered or made known to him or her.
● Maganto and Castel v. COMELEC (January 26, 2010): The Court resolved to dismiss the
instant petition for certiorari for non-compliance therewith, particularly for failure to
comply with Bar Matter No. 287, requiring all lawyers to indicate in all pleadings, motions
and papers signed and filed by them in any court in the Philippines the date of their
current Professional Tax Receipt

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e. Duty to report dishonest, deceitful, or misleading conduct – Section 12
● Section 12. Duty to report dishonest, deceitful, or misleading conduct. - A lawyer shall
immediately inform a court, tribunal, or other government agency of any dishonest,
deceitful or misleading conduct related to a matter being handled by said lawyer before
such court, tribunal, or other government agency. A lawyer shall also report to the
appropriate authority any transaction or unlawful activity that is required to be reported
under relevant laws, including the submission of covered and suspicious transactions
under regulatory laws, such as those concerning anti-money laundering. When disclosing
or reporting the foregoing information to the appropriate court, tribunal, or other
government agency, the lawyer shall not be deemed to have violated the lawyer's duty of
confidentiality. Any such information shall be treated with strict confidentiality. A baseless
report shall be subject to civil, criminal, or administrative action.

f. Duty not to solicit or advertise one’s legal service – Section 17

● Section 17. Non-solicitation and impermissible advertisement. - A lawyer shall not, directly
or indirectly, solicit, or appear to solicit, legal business. A lawyer shall not, directly or
indirectly, advertise legal services on any platform or media except with the use of
dignified, verifiable, and factual information, including biographical data, contact details,
fields of practice, services offered, and the like, so as to allow a potential client to make an
informed choice. In no case shall the permissible advertisement be self-laudatory. A
lawyer, law firm, or any of their representatives shall not pay or give any benefit or
consideration to any media practitioner, award-giving body, professional organization, or
personality, in anticipation of, or in return for, publicity or recognition, to attract legal
representation, service, or retainership.
● Allowed: calling cards, website. The possible questions that may be asked is: Is the
advertisement of a law firm via Facebook allowed? Can you advertise your law firm
through Tiktok or Instagram? It’s allowed if it’s done with dignified, verifiable, and factual
information. But must not be self-laudatory, among other things.

g. Duty not to use any forum or medium to comment or publicize opinion pertaining to a
pending proceeding – Sub-Judice Rule; Section 19
● Section 19. Sub-judice rule. – A lawyer shall not use any forum or medium to comment or
publicize opinion pertaining to a pending proceeding before any court, tribunal, or other
government agency that may:
○ (a) cause a pre-judgment, or
○ (b) sway public perception so as to impede, obstruct, or influence the decision of such
court, tribunal, or other government agency, or which tends to tarnish the court's or
tribunal's integrity, or
○ (c) impute improper motives against any of its members, or
○ (d) create a widespread perception of guilt or innocence before a final decision.

h. Duty to disclose relationship or connection – Section 20

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 ● Section 20. Disclosure of relationship or connection. - A lawyer shall, at the first available
opportunity, formally disclose on record the lawyer's relationship or connection with the
presiding officer of any court, tribunal, or other government agency, or any of its
personnel, or the lawyer's partners, associates, or clients, that may serve as a ground for
mandatory inhibition in any pending proceeding before such court, tribunal, or other
government agency.

i. Duty not to give gifts and donations to any court, tribunal or other government agency –
Section 21
● Section 21. Prohibition against gift-giving and donations. - A lawyer shall not, directly or
indirectly, give gifts, donations, contributions of any value or sort, on any occasion, to any
court, tribunal or government agency, or any of its officers and personnel.

j. Duty not to institute multiple cases; Forum Shopping – Section 23

● Section 23. Instituting multiple cases; forum shopping. – A lawyer shall not knowingly
engage or through gross negligence in forum shopping, which offends against the
administration of justice, and is a falsehood foisted upon the court, tribunal, or other
government agency. A lawyer shall not institute or advise the client to institute multiple
cases to gain leverage in a case, to harass a party, to delay the proceedings, or to increase
the cost of litigation.
● If elements are different (BP22 and Estafa), then it’s allowed (not forum shopping). Illegal
recruitment and Estafa have different elements, so they’re possible to be filed differently.

k. Duty not to encroach or interfere in another lawyer’s engagement – Section 24

● Section 24. Encroaching or interfering in another lawyer's engagement; exception. - A
lawyer shall not, directly or indirectly, encroach upon or interfere in the professional
engagement of another lawyer. This includes a lawyer's attempt to communicate,
negotiate, or deal with the· person represented by another lawyer on any matter, whether
pending or not in any court, tribunal, body, or agency, unless when initiated by the client
or with the knowledge of the latter's lawyer. A lawyer, however, may give proper advice
and assistance to anyone seeking relief against perceived unfaithful or neglectful counsel
based on the Code.
● Negligence of the counsel is the negligence of the client, which binds the client.

l. Responsible use of social media

● Aim: To uphold the dignity of the legal profession in all social media interactions in a
manner that enhances the people’s confidence in the legal system, as well as promote its
responsible use.
● Lawyers “may provide general legal information, including the answer to questions asked,
at any fora, as well as social media.”
● “A lawyer who gives legal advice on a specific set of facts as disclosed by any person in
such fora or media creates a lawyer-client relationship and shall be bound by all the duties
in this Code.”

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 ● “A lawyer shall ensure that his/her online posts uphold the dignity of the legal profession,
as well as maintain respect for the law.”
○ We should not only be doing proper things but we should appear to be proper. Even
the appearance of propriety should be upheld.
○ Think first before you post.
○ Is there such a thing as privacy in social media? No. According to a US Case, do not
expect privacy in social media platforms because even if you secure your site in a
private setting, for example messenger, do not expect that it will remain forever as a
private conversation. There is always a possibility, for your own negligence or hacking,
it might result in the disclosure of the sensitive information. The internet is already a
global village that you cannot say that privacy is there in social media. There is an
expectancy that if you put it in social media, however secure your privacy is, expect
that that might not be the case in the long run.
● “Lawyers should not maliciously post or disseminate false statements or commit any
other act of disinformation.”
● “Non-disclosure of privileged information through online posts” and the “Duty of Lawyers
to safeguard client confidences in social media.”
● The new CPRA highlights lawyers’ duty to abstain from disclosing any information that
may be covered by the privilege, even if it is in response to a client’s online inquiry. The
new code of conduct requires lawyers to take appropriate measures to ensure that their
social media activity does not compromise the confidentiality of their clients and the
lawyer-client communication. The new code of conduct also expects lawyers to be
judicious in giving legal advice online as this could create ethical and legal obligations,
even if they did not intend to create such a relationship. This way, the lawyer-client
privilege, which is a fundamental principle in establishing trust and confidence between
lawyers and their clients, is protected in this age of social media.

C. CANON 3 - FIDELITY
a. Definition of the Practice of Law – Section 1
● Tip: If the syllabus mentions definition, that means that you really have to memorize
the definition.
● Section 1. Practice of law. - The practice of law is the rendition of legal service or
performance of acts or the· application of law, legal principles, and judgment, in or out
of court, with regard to the circumstances or objectives of a person or a cause, and
pursuant to a lawyer-client relationship or other engagement governed by the CPRA.
It includes employment in the public service or private sector and requires
membership in the Philippine bar as qualification.
● Remember in Cayetano v. Monsod where the supreme court defines what is practice
of law, it states that in any endeavor where a lawyer applies the knowledge of law.

b. Definition of Lawyer-Client Relationship – Section 3

● Section 3. Lawyer-client relationship. - A lawyer-client relationship is of the highest
fiduciary character. As a trust relation, it is essential that the engagement is founded
on the confidence reposed by the client on the lawyer. Therefore, a lawyer-client

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 relationship shall arise when the client consciously, voluntarily and in good faith vests
a lawyer with the client's confidence for the purpose of rendering legal services such
as providing legal advice or representation, and the lawyer, whether expressly or
impliedly, agrees to render such services.
● Consultation produces a lawyer-client relationship. Therefore you are already bound by
confidentiality even if the relationship is not continued for whatever reason.

c. Prohibitions and restrictions in the practice of law

● GR: The appointment or election of an attorney to a government office disqualifies
him from engaging in the private practice of law.
● Lorenzana v. Atty. Fajardo: A lawyer employed as legal officer of the Urban Settlement
Office in Manila and at the same time a member of the PLEB of QC receiving
compensation for both, was suspended for 6mos since dual appointment is prohibited
by the 1987 Constitution. A lawyer employed as legal officer of the Urban Settlement
Office in Manila and at the same time a member of the PLEB of QC receiving
compensation for both, was suspended for six months since dual appointment is
prohibited by the 1987 Constitution.

d. Public officials prohibited to practice law in the Philippines (JOG-GOCC-PT)

1. Judges and other officials or employees of the superior court (Sec. 35, Rule 138, RRC)
2. Officials and employees of the Office of the Solicitor General (Sec. 35, Rule 138, RRC)
3. Government prosecutors
4. Governors, city and municipal mayors
5. Ombudsman and his deputies
6. Chairmen and members of the Constitutional Commissions (Sec. 2, Article IX, 1987
Constitution)
7. Civil service officers or employees whose duties require them to devote their entire
time at the disposal of the government
8. President, Vice-President, members of the Cabinet, their deputies and assistants (Sec.
13, Article VII, 1987 Constitution)
9. 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 (Agpalo, 2009, p. 50)

e. Public officials with restrictions to practice law in the Philippines

1. Senators and Members of the House of Representatives (Sec. 14, Article VI, 1987
Constitution)
2. Members of the Sanggunian
3. Retired Justice or Judge
4. Civil Service officers or employees (whose duty does not require his entire time to be
at the disposal of the government) without permit from their respective department
heads

f. Prohibition against members of the legislature

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 1. Appearing as counsel before any courts of justice, electoral tribunals, or quasi-judicial
and administrative bodies.
● The word “appearance” includes not only arguing a case before any such body
but also filing a pleading on behalf of a client as by simply filing a formal
motion, plea, or answer (Ramos v. Manalac, 89 Phil 27).
2. Allowing his name to appear in such pleading by itself or as part of a firm name under
the signature of another qualified lawyer.
● They cannot do indirectly what the constitution prohibits directly (In re: David,
93 Phil 461, 1954).

g. Prohibition against members of Sanggunian

1. 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.
2. 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.
3. Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official.
4. Use property and personnel of the government except when the Sanggunian
member concerned is defending the interest of the government

h. Restrictions in the Practice of law or retired justices

1. Any civil case wherein the government or any subdivision or instrumentality thereof is
the adverse party
2. Any criminal case wherein an officer or an employee of the government is accused of
an offense committed in relation to his offense
3. Collect any fees for his appearance in any administrative proceedings to maintain an
interest adverse to the government, provincial or municipal, or to any of its legally
constituted officers.

i. Practice of law of Civil Service Officers or Employees

● Civil service officers or employees (whose duty does not require their entire time to be
at the disposal of the government) may not, without permit from their respective
department heads, engage in the practice of law. They need to secure a written
permit from the head of the department concerned.
● However, officials who by express mandate of the law are prohibited from practicing
law may not, even with the consent of the department head, engage in the practice of
law. (Zeta v. Malinao, A.M. No. P-220, 20 December 1978).
● But if such official is authorized by the department head, he may, in an isolated case,
represent a relative or a close family friend (Noriega v. Sison, A.M. No. 2266, 27 October
1983).

j. Proceedings where lawyers are prohibited from appearing

● GR: Only those who are licensed to practice law can appear and handle cases in court.
● EXPs

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 ○ Before the MTC: A party may conduct his case or litigation in person with the
aid of an agent or friend appointed by him (Sec. 34, Rule 138).
○ Before any other court: A party may conduct his litigation personally. But if he
gets someone to aid him, that someone must be an authorized member of the
Bar (Sec. 34, Rule 138).
○ Proceedings before the small claims court: No attorney shall appear on behalf
of or represent a party at the hearing unless the attorney is the plaintiff or
defendant (Sec. 17, Rule of Procedure for Small Claims Cases).
○ Lawyers are prohibited in Katarungang Pambarangay
● Common exception: The lawyer is the party litigant/plaintiff
● Reminders for lawyers
○ ASEAN Pacific Planners, et al., v. City of Urdaneta (September 3, 2008): The
appearance of a private law firm for the City of Urdaneta is against the law.
Section 481(b)(3)(i) of the LGC provides that when a special legal officer may be
employed, that is, in actions or proceedings where a component city or
municipality is a party against the provincial government. The case is not
between Urdaneta City and the Province of Pangasinan. Only public officers
may act for and on behalf of public entities and public funds should not be
spent on private lawyers. Pro bono representation in collaboration with the
municipal attorney has not even been allowed.

k. Disqualification by “adverse-interest conflict,” citing PCGG v. Sandiganbayan, G.R. Nos

151809-12, April 12, 2005)
● In the “adverse-interest conflict,” a former government lawyer is enjoined from
representing a client in private practice if the matter is substantially related to a
matter that is substantially related to a matter that the lawyer dealt with while
employed by the government and if the interests of the current and former clients are
adverse.
○ It must be observed that the “adverse-interest conflict” applies to all lawyers in
that they are generally disqualified from accepting employment in a
subsequent representation if the interests of the former client and the present
client are adverse and the matters involved are the same or substantially
related.
● In “congruent-interest representation conflict,” the disqualification does not really
involve a conflict at all, because it prohibits the lawyer from representing a private
practice client even if the interests of the former government client and the new client
are entirely parallel. This is unique to former government lawyers.

l. Duties of an attorney
● To counsel and maintain such actions or proceedings only as appear to him to be just,
and such defenses only as he believes to be honestly debatable under the law.
● To maintain the confidence, and at every peril to himself, to preserve the secrets in
connection with his client and to accept no compensation in connection with his
client’s business except from him or with his knowledge and approval.

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 ● To maintain allegiance to the Republic of the Philippines and to support the
constitution and obey the laws of the Philippines.
● To abstain from all offensive personality and to advance no fact prejudicial to the
honor and reputation of a party or witness, unless required by the justice of the cause
with which he is charged.
● To observe and maintain the respect due to the courts of justice and judicial officers.
● Never to reject, for any consideration pertaining to himself, the cause of the
defenseless or oppressed.
● To employ, of the purpose of maintaining the causes confided to him, such means
only as are consistent with truth and honor, and never seek to mislead the judge or
any judicial officer by an artifice or false statement of fact.
● Not to encourage either the commencements or the continuance of an action or
proceeding, or delay any man’s cause, from any corrupt motive.

m. Ambulance Chasing, Barratry, Champertous Contract

Ambulance Chasing Barratry Champertous Contract

It is a lawyer’s act of chasing A lawyer’s act of fomenting It is one where the lawyer
an ambulance carrying the suits among individuals and agrees to conduct the
victim of an accident so as to offering his legal services to litigation on his own account
talk to said victim or relatives one of them for monetary and to pay the expenses
and offer his legal services for motives or purposes. It is the thereof, and to receive as his
filing a case against the commencing of suits to fee a portion of the proceeds
person who caused the various persons. of the judgment. It is contrary
accident. to public policy and invalid
because it violates the
fiduciary relationship
between the lawyer and his
client (Bautista v. Gonzales,
182 SCRA 15 [1990])

n. Doctrine of imputed knowledge

● The knowledge acquired by an attorney during the time that he is acting within the
scope of his authority is imputed to the client. An attorney, who has notice of matters
affecting his client, has communicated the same to his principal in the course of
professional dealings.
● The doctrine applies whether or not the lawyer actually communicated to the client
whatever he learned in his professional capacity since the attorney and his client,
being in legal contemplation, is one juridical person.

o. Conflict of interest
● Jurisprudence has provided the test in determining whether there is a violation on
representing conflicting interest.

SAN BEDA COLLEGE ALABANG- CENTRALIZED BAR OPERATIONS | 12

 1. Whether a lawyer is duty-bound to fight for an issue or claim on behalf of one
client and, at the same time, to oppose that claim for the other client.
2. Whether the acceptance of a new relation would prevent the full discharge of
the lawyer’s duty of undivided fidelity and loyalty to the client or invite
suspicion of unfaithfulness or double-dealing in the performance of that duty.
Duty to the client to protect and advance the interests of your client
3. Whether the lawyer would be called upon in the new relation to use against a
former client any confidential information acquired through their connection
or previous employment.

p. Termination of Engagement by the Lawyer – Section 53

● The lawyer may only terminate the lawyer-client relationship under the grounds
provided for in the law.
● Section 53. Termination of engagement by the lawyer. A lawyer shall terminate the
lawyer-client engagement only for good cause and upon written notice, in any of the
following cases:
(a) When the client pursues an illegal or immoral course of conduct in connection
with the engagement;
(b) When the client insists that the lawyer pursue conduct that is violative of these
Canons and rules;
(c) When the lawyer's inability to work with a co-counsel will not promote the best
interest of the client;
(d) When the moral predisposition or the mental or physical condition of the
lawyer renders it difficult to carry out the engagement effectively;
(e) When the client deliberately fails to pay the fees for the lawyer's services, fails to
comply with the retainer agreement, or can no longer be found despite
diligent efforts;
(f) When the lawyer is elected or appointed to public office;
(g) Other similar cases.

q. Termination of Engagement by the Client – Section 54

● The client may terminate the lawyer-client relationship without cause.
● The relationship between the lawyer and the client is one of trust and confidence. The
client trusts the lawyer that he will do the best of his ability to advance his or her case
so that if this is no longer the case, he may terminate the lawyer-client relationship
upon loss of trust and confidence at any time.
● Section 54. Termination of engagement by the client. - The lawyer-client
engagement-may be terminated by the client at any time upon loss of trust and
confidence. The termination of the engagement shall not relieve the client from full
payment of all professional fees due to the lawyer. If the engagement has been
reduced to writing, the lawyer shall be entitled to recover from the client the full
compensation stipulated, unless found by the court, tribunal or other government
agency to be unconscionable or unreasonable under Canon 3, Section 41 of the CPRA.
For the payment of the compensation, the lawyer shall have a charging lien upon all

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 judgments for the payment of money, and executions issued in pursuance of such
judgment, rendered in the case where the lawyer's services had been retained by the
client.

r. Termination of Engagement upon Death – Section 55

● Section 55. Termination of engagement upon death. -The death of the lawyer or client
shall terminate the lawyer-client relationship. The death of such lawyer shall not
extinguish the lawyer-client engagement between the law firm and the client
handled by such law firm.

s. Accounting and Turn-over of Funds and Properties upon Termination of Engagement –

Section 56
● Section 56. Accounting and turn over upon termination of engagement. - A lawyer
who is discharged from or terminates the engagement shall, subject to an attorney's
lien, immediately render a full account of and tum over all documents, evidence,
funds, and properties belonging to the client.

The lawyer shall cooperate with the chosen successor in the orderly transfer of the
legal matter, including all information necessary for the efficient handling of the
client's representation.

A lawyer shall have a lien upon the funds, documents, and papers of the client which
have lawfully come into his or her possession and may retain the same until the fair
and reasonable fees and disbursements have been paid, and may apply such funds to
the satisfaction thereof.
● This is one of the grounds why a lawyer is disbarred.

t. Kinds of attorney’s lien

Charging lien Retaining lien

It is an equitable right to have the fees and It is a right merely to retain the funds,
lawful disbursements due a lawyer for his documents, and papers as against the client
services in a suit secured to him out of the until the attorney is fully paid of his fees.
judgment for the payment of money and
executions issued in pursuance thereof in the
particular suit.

u. Factors that guide lawyers in determining fees

1. The time spent and the extent of the service rendered or required
2. The novelty and difficulty of the questions involved
3. The importance of the subject matter
4. The skill demanded
5. The probability of losing other employment as a result of acceptance of the offered
case

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 6. The customary charges for similar services and the schedule of fees of the IBP chapter
to which he belongs
7. The amount involved in the controversy and the benefits resulting to the client from
the service
8. The contingency or certainty of compensation
9. The character of the employment, whether limited, seasonal, or otherwise, and
10. Other analogous factors

D. CANON 6 - ACCOUNTABILITY
a. Grounds for disbarment
1. Misconduct before or incident to admission
2. Obstructing the Administration of Justice
3. Misleading the Court
4. Filing false charges
5. Introducing false evidence
6. Willfully disobeying court orders
7. Using vicious or disrespectful language
8. Continuing practice after suspension
9. Negligence in the performance of duties to the client
10. Employment of unlawful means
11. Deceit or misrepresentation
12. Representing adverse interests and revealing client’s secrets
13. Purchasing client’s property in litigation
14. Failing to account or misappropriating client’s property is collecting unreasonable fees
15. Soliciting business and advertising
16. Cooperating in the illegal practice of law
17. Nonpayment of dues
18. Gross immorality
19. Conviction of a crime involving moral turpitude
20. Misconduct as notary public

● Most of these grounds involve moral turpitude, acts of vileness. Disbarment must be done
because of grave causes. Most of these are also those done in violation of the rights of
another.
● Note: Any enumeration of the grounds for disbarment is not exclusive.

b. Nature of disbarment proceedings

1. It is sui generis or a class by itself - can be initiated without any complainant; the IBP
or the Supreme Court may take cognizance of a disbarment complaint even because
of an anonymous letter.
2. It is neither a civil nor a criminal proceeding
3. Double jeopardy cannot be availed of as a defense
4. It can be initiated motu proprio by the Supreme Court or the IBP

SAN BEDA COLLEGE ALABANG- CENTRALIZED BAR OPERATIONS | 15

 5. It can proceed regardless of the interest of the complainant – an affidavit of desistance
does not dismiss the case.
6. It is confidential and summary in nature
7. It is in itself due process of law
8. Whatever has been decided in disbarment case cannot be a source of right that may
be enforced in another action
9. In pari delicto rule does not apply
10. There is no prejudicial question in a disbarment proceeding
11. Penalty cannot be in the alternative
12. Monetary claims cannot be granted, except restitution and return of monies and
properties of the client given in the course of the lawyer-client relationship

c. Doctrine of privilege
● It is applicable in proceedings for disbarment of lawyers.
● Parties, counsel, and witnesses are exempted from liability in libel or slander for words
otherwise defamatory published in the course of judicial proceedings, provided that
the statements are pertinent or relevant to the case (Santiago v. Caivo).

d. Effect of the death of a lawyer during the pendency of the disciplinary action against
him
● The lawyer’s death renders the action moot and academic, but the court may still
resolve the case on its merits to clear publicly the name of the lawyer.

e. On the suspension of a lawyer from practice of law in another country

● Does the suspension of a lawyer from the practice of law in another country
automatically result in his suspension or disbarment in the Philippines?
● No. The acts which led to his suspension in another country are mere grounds for
disbarment or suspension in this jurisdiction, and only if the basis of the foreign court’s
action includes any of the grounds for disbarment or suspension in this jurisdiction (In
re: Suspension from the practice of law in the territory of Guam of Atty. Maquera, A.M.
No. 793, July 30, 2004).

f. Requirements in a complaint for disbarment

1. It must be verified
2. It must state clearly and concisely the facts complained of
3. It must be supported by judicial affidavits of persons having personal knowledge of
facts therein alleged, or documents which may substantiate it
a. Note: In the CPR, it must be supported by affidavits, in the CPRA, it must be
supported by judicial affidavits.
4. It must be filed with six (6) copies furnished the secretary of the JBP or any of its
chapters

g. Preventive suspension - Section 31

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 ● Section 31. Preventive suspension. - After receipt of respondent's answer or lapse of the
period therefor, the Supreme Court, on its own initiative, or upon the
recommendation of the IBP Board of Governors, the Office of the Bar Confidant, or the
fact-finding body referred to in Section 30, may suspend a lawyer from the practice of
law during the pendency of the investigation for a period not exceeding one hundred
eighty (180) calendar days or until such suspension is lifted by the Supreme Court, in
order to prevent interference with or obstruction of the investigation, tampering,
concealment or destruction of evidence, intimidating or exerting undue influence on
any witness.
● Pollo v. David, G.R. No. 181881, October 18, 2011:
○ SC Nixes Government Employee’s Plea of Privacy re: Search of his Office
Computer.
■ The Court held that the search by the government of an employee’s
office computer in connection with an investigation into work-related
misconduct does not violate his constitutional right to privacy. The
Court found that the search conducted on Pollo’s computer was
justified as its inception and scope using the test in the case of
O’Connor v. Ortega as the CSC pursued the search in its capacity as a
government employer and the search was undertaken in connection
with an investigation involving work-related misconduct.

h. Moral turpitude
● An act of baseness, vileness, or depravity in the private duties which a man owes his
fellowmen.

i. Instituting of a disbarment proceeding

1. By the Supreme Court motu proprio
2. By the IBP upon the verified complaint of any person
● The verified complaint against a lawyer may be filed with the Supreme Court
and the latter may then refer the complaint to the IBP Board of Governors for
appropriate action
● It may also be filed with the Secretary of the IBP or the Secretary of any of its
Chapters who shall forthwith transmit the same to the IBP Board of Governors.

● Note: Reference of a disciplinary complaint against a lawyer to the IBP is not mandatory. The
Supreme Court may refer the complaint to the solicitor general.

j. Basic considerations before disbarment is imposed

● The power to disbar or suspend ought always to be imposed on the preservative and
not on the vindictive principle, with great caution and only for the most weighty
reasons (In re: Almacen, 21 Phil 562).
● The determination of whether an attorney should be disbarred or merely suspended
involves the exercise of sound judicial discretion, taking into account the
circumstances of each case.

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 k. Effect of disbarment
● A disbarred lawyer loses all of his privileges as a bar passer and as a member of the
Bar when he is disbarred.
● A judgment of suspension or disbarment is self-executory.
● A lawyer who has been disbarred or suspended from practice cannot practice law
without being liable for contempt of court.

l. Disbarment is not the end

● A disbarred lawyer can still be reinstated, considering the following:
1. Lapse of time
2. Conduct before disbarment
3. Conduct after disbarment
4. Grounds for disbarment
5. Appreciation of error and repentance
6. Favorable endorsement of the IBP, etc. (In Re: Danilo De Guzman, April 24, 2009)

m. Jurisdiction, evidence, lawyers

Jurisdiction Evidence Lawyers

If administrative in It shall be filed with Clear and Convincing Lawyers, members of

nature the Office of the Court Evidence (a degree the judiciary
Administrator of the lower than Proof
Supreme Court Beyond Reasonable
Doubt)

If criminal and not It shall be filed with Proof Beyond Member of the
purely administrative the Office of the Reasonable Doubt judiciary; if the
Ombudsman (The general rules in ground/s is/are
regard to admissibility misconduct in office,
of evidence in criminal willful neglect,
trials shall apply). corruption, and/or
incompetence

If for an impeachable It must be coursed Proof Beyond Only Supreme Court

offense through the House of Reasonable Doubt; Justices are subject to
Representatives or the Penal in nature and impeachment
Senate in accordance governed by the rules
with the Rules on on criminal cases
Impeachment

Misconduct of a It must be filed with Clear and Convincing Lawyers holding

government official is the Office of the Court Evidence; the erring government offices
of such a character to Administrator of the government official
affect his Supreme Court may be disciplined as
qualification as a a member of the Bar
lawyer or to show for misconduct in the
moral delinquency discharge of his duties
as well. The lawyer’s
oath is a source of his
obligation and its
violation is a ground
for disciplinary action.

n. Landmark cases

SAN BEDA COLLEGE ALABANG- CENTRALIZED BAR OPERATIONS | 18

● Murphy Chu Atgas Traders and Marinelle Chu v. Hon. Mario B. Capellan, Assisting Judge,
Metropolitan Trial Court (MeT(i)), Branch 40, Quezon City, A.M. No. MTJ-I-I-1779, 16 July 2012
● A.M. No. 98-6-185-RTC October 30, 1998. RE: INHIBITION OF JUDGE EDDIE R. ROJAS,
RTC-Branch 39, Polomolok, South Cotabato in Crim. Case No. 09-5668.
● G.R. NOS. 162130-39 : May 5, 2006 PEOPLE OF THE PHILIPPINES, Petitioner, v. HON. JUSTICE
GREGORY S. ONG, Chairman, Fourth Division, Sandiganbayan, and MRS. IMELDA R. MARCOS,
Respondents.

JUDICIAL ETHICS: THE NEW CODE OF CONDUCT FOR THE PHILIPPINE JUDICIARY

A. JUDICIAL ETHICS
● Applicable to the members of the bench.
● New Code of Conduct for the Philippine Judiciary.
● Note: Prosecutors and PAO lawyers are under the executive branch.

B. CANON 1: 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.
● Section 1 – Judges shall exercise the judicial function independently on the basis of
their assessment of the facts and in accordance with a conscientious understanding
of the law, free of any extraneous influence, inducement, pressure, threat or
interference, direct or indirect, from any quarter or for any reason.
● Section 2 – In performing judicial duties, Judges shall be independent from judicial
colleagues in respect of decisions which the judge is obliged to make independently.
● Section 3 – Judges shall refrain from influencing in any manner the outcome of
litigation or dispute pending before another court or administrative agency.
● Section 4 – Judges shall not allow family, social, or other relationships to influence
judicial conduct or judgment. The prestige of judicial office shall not be used or lent to
advance the private interests of others, nor convey or permit others to convey the
impression that they are in a special position to influence the judge.
● Section 5 – Judges shall not only be free from inappropriate connections with, and
influenced by, the executive and legislative branches of government, but must also
appear to be free therefrom to a reasonable observer.
● Section 6 – Judges shall be independent in relation to society in general and in
relation to the particular parties to a dispute which he or she has to adjudicate.

C. CANON 2: INTEGRITY
● Integrity is essential not only to the proper discharge of the judicial office but also to
the personal demeanor of judges.
● Section 1 – 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.

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 ● Section 2 – 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.
● Section 3 – Judges should take or initiate appropriate disciplinary measures against
lawyers or court personnel for unprofessional conduct of which the judge may have
become aware.

D. CANON 3: IMPARTIALITY
● Impartiality is essential to the proper discharge of the judicial office. It applies not only
to the decision itself but also to the process by which the decision is made.
● Section 1 – Judges shall perform their judicial duties without favor, bias or prejudice.
● Section 2 – Judges shall ensure that his or her conduct, both in and out of court,
maintains and enhances the confidence of the public, the legal profession and
litigants in the impartiality of the judge and of the judiciary.
● Section 3 – Judges shall, so far as is reasonable, conduct themselves as to minimize
the occasions on which it will be necessary for them to be disqualified from hearing or
deciding cases.
● Section 4 – Judges shall not knowingly, while a proceeding is before, or could come
before, then 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.
● Section 5 – Judges shall disqualify themselves from participating in any proceedings
in which they are unable to decide the matter impartially or in which it may appear to
a reasonable observer that they are unable to decide the matter impartially. Such
proceedings include, but are not limited to, instances where
○ The judge has actual bias or prejudice concerning a party or personal
knowledge of disputed evidentiary facts concerning the proceedings;
○ The judge previously served as a lawyer or was a material witness in the matter
in controversy;
○ The judge, or a member of his or her family, has an economic interest in the
outcome of the matter in controversy;
○ 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;
○ The judge's ruling in a lower court is the subject of review;
○ 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
○ 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.

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 ● Section 6 – A judge disqualified as stated above may, instead of withdrawing from the
proceeding, disclose on the records the basis of disqualification. If, based on such
disclosure, the parties and lawyers independently of the judge's participation, all agree
in writing that the reason for the inhibition is immaterial or unsubstantial, the judge
may then participate in the proceeding. The agreement, signed by all parties and
lawyers, shall be incorporated in the record of the proceedings.

E. CANON 4: PROPRIETY
● Propriety and the appearance of propriety are essential to the performance of all the
activities of a judge.
● Section 1 – Judges shall avoid impropriety and the appearance of impropriety in all of
their activities.
● Section 2 – As a subject of constant public scrutiny, judges must accept personal
restrictions that might be viewed as burdensome by the ordinary citizen and should
do so freely and willingly. In particular, judges conduct themselves in a way that is
consistent with the dignity of the judicial office.
● Section 3 – Judges shall, in their personal relations with individual members of the
legal profession who practice regularly in their court, avoid situations which might
reasonably give rise to the suspicion or appearance of favoritism or partiality.
● Section 4 – Judges shall not participate in the determination of a case in which any
member of their family represents a litigant or is associated in any manner with the
case.
● Section 5 – Judges shall not allow the use of their residence by a member of the legal
profession to receive clients of the latter or of other members of the legal profession.
● Section 6 – 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 the
impartiality and independence of the judiciary.
● Section 7 – Judges shall inform themselves about their personal fiduciary financial
interests and shall make reasonable efforts to be informed about the financial
interests of members of their family.
● Section 8 – 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 of anyone else, nor shall
they convey or permit others to convey the impression that anyone is in a special
position improperly to influence them in the performance of judicial duties.
● Section 9 – As last updated by OCA Cir. 103-06 (2006), confidential information
acquired by judges in their judicial capacity shall not be used or disclosed for any
other purpose NOT related to their judicial duties.
● Section 10 – Subject to the proper performance of judicial duties, judges may: Write,
lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice or related matters; 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; Engage in other activities if such activities

SAN BEDA COLLEGE ALABANG- CENTRALIZED BAR OPERATIONS | 21

 do not detract from the dignity of the judicial office or otherwise interfere with the
performance of judicial duties.
● Section 11 – Judges shall not practice law whilst the holder of judicial office.
● Section 12 – Judges may form or join associations of judges or participate in other
organizations representing the interests of judges.
● Section 13 – Judges and members of their families shall neither ask for, nor accept, any
gift, bequest, loan or favor in relation to anything done or to be done or omitted to be
done by him or her in connection with the performance of judicial duties.
● Section 14 – Judges shall not knowingly permit court staff or others subject to their
influence, direction or authority, to ask for, or accept, any gift, bequest, loan or favor in
relation to anything done or to be done or omitted to be done in connection with their
duties or functions.
● Section 15 – 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.

F. CANON 5: EQUALITY
● Ensuring equality of treatment to all before the courts is essential to the due
performance of the judicial office.
● Section 1 – 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.
● Section 2 – Judges shall not, in the performance of judicial duties, by words or
conduct, manifest bias or prejudice towards any person or group on irrelevant
grounds.
● Section 3 – Judges shall carry out judicial duties with appropriate consideration for all
persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues,
without differentiation on any irrelevant ground, immaterial to the proper
performance of such duties.
● Section 4 – Judges shall not knowingly permit court staff or others subject to his or
her influence, direction or control to differentiate between persons concerned, in a
matter before the judge on any irrelevant ground.
● Section 5 – Judges shall require lawyers in proceedings before the court to refrain from
manifesting, by words or conduct, bias or prejudice based on irrelevant grounds,
except such as are legally relevant to an issue in proceedings and may be the subject
of legitimate advocacy.

G. CANON 6: COMPETENCE AND DILIGENCE

● Competence and diligence are prerequisites to the due performance of judicial office.
● Section 1 – The judicial duties of a judge take precedence over all other activities.

SAN BEDA COLLEGE ALABANG- CENTRALIZED BAR OPERATIONS | 22

 ● Section 2 – Judges shall devote their professional activity to judicial duties, which
include not only the performance of judicial functions and responsibilities in court and
the making of decisions, but also other tasks relevant to the judicial office or the
court's operations.
● Section 3 – Judges shall take reasonable steps to maintain and enhance their
knowledge, skills and personal qualities necessary for the proper performance of
judicial duties, taking advantage for this purpose of the training and other facilities
which should be made available, under judicial control, to judges.
● Section 4 – Judges shall keep themselves informed about relevant developments of
international law, including international conventions and other instruments
establishing human rights norms.
● Section 5 – Judges shall perform all judicial duties, including the delivery of reserved
decisions, efficiently, fairly and with reasonable promptness.
● Section 6 – Judges shall maintain order and decorum in all proceedings before the
court and be patient, dignified and courteous in relation to litigants, witnesses,
lawyers and others with whom the judge deals in an official capacity. Judges shall
require similar conduct of legal representatives, court staff and others subject to their
influence, direction or control.
● Section 7 – Judges shall not engage in conduct incompatible with the diligent
discharge of judicial duties.

H. RULE 140 (RULES OF COURT), A.M. NO. 01-8-10-SC, SEPTEMBER 11, 2001
● Re: Proposed Amendment to Rule 140 of the Rules of Court Re: Discipline of Justices
and Judges
● Section 7 Classification of charges. — Administrative charges are classified as serious,
less serious. or light.
● Section 8 Serious charges. — Serious charges include:
○ Bribery, direct or indirect;
○ Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No.
3019);
○ Gross misconduct constituting violations of the Code of Judicial Conduct;
○ Knowingly rendering an unjust judgment or order as determined by a
competent court in an appropriate proceeding;
○ Conviction of a crime involving moral turpitude; Willful failure to pay a just
debt:
○ Borrowing money or property from lawyers and litigants in a case pending
before the court;
○ Immorality;
○ Gross ignorance of the law or procedure;
○ Partisan political activities; and
○ Alcoholism and/or vicious habits.
● Section 9 Less Serious Charges. — Less serious charges include: Undue delay in
rendering a decision or order, or in transmitting the records of a case; Frequent and
unjustified absences without leave or habitual tardiness; Unauthorized practice of law;

SAN BEDA COLLEGE ALABANG- CENTRALIZED BAR OPERATIONS | 23

 Violation of Supreme Court rules, directives, and circulars; Receiving additional or
double compensation unless specifically authorized by law; Untruthful statements in
the certificate of service; and Simple Misconduct.
● Section 10 Light Charges. — Light charges include: Vulgar and unbecoming conduct;
Gambling in public; Fraternizing with lawyers and litigants with pending case/cases in
his court; and Undue delay in the submission of monthly reports.

I. DISQUALIFICATION OF JUDICIAL OFFICERS - Rule 137

● Section 1. Disqualification of judges. — No judge or judicial officer shall sit in any case
in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or
otherwise, or in which he is related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the fourth degree, computed according
to the rules of the civil law, or in which he has been executor, administrator, guardian,
trustee or counsel, or in which he has been 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.
● A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a
case, for just or valid reasons other than those mentioned above.

J. LANDMARK CASES
● [A.M. No. RTJ-12-2333] October 22, 2012 (Formerly OCA-I.P.I. No. 11-3721-RTJ)
PROSECUTORS HYDIERABAD A. CASAR, JONALD E. HERNANDEZ, DANTE P. SINDAC
and ATTY. JOBERT D. REYES, Complainants, vs. CORAZON D. SOLUREN, Presiding
Judge Regional Trial Court, Branch 96, Baler, Aurora, Respondent.
● [A.M. No. RTJ-11-2289 (Formerly OCA IPI No. 11-3656-RTJ). February 15, 2022 ] IN RE:
ANONYMOUS LETTER DATED AUGUST 12, 2010, COMPLAINING AGAINST JUDGE
OFELIA T. PINTO, REGIONAL TRIAL COURT, BRANCH 60, ANGELES CITY, PAMPANGA.
● [A.M. No. MTJ-07-1666] September 5, 2012 (Formerly A.M. OCA I.P.I. No. 05-1761-MTJ)
GERLIE M. UY and MA. CONSOLACION T. BASCUG, Complainants, vs. JUDGE ERWIN B.
JAVELLANA, MUNICIPAL TRIAL COURT, LA CASTELLANA, NEGROS OCCIDENTAL,
Respondent.
● [A.M. No. MTJ-10-1770] July 18, 2012 (Formerly A.M. OCA IPI No. 10-2255-MTJ) OFFICE OF
ADMINISTRATIVE SERVICES-OFFICE OF THE COURT ADMINISTRATOR, Complainant,
vs. JUDGE IGNACIO B. MACARINE, Municipal Circuit Trial Court, Gen. Luna, Surigao del
Norte, Respondent.

K. QUESTIONS AND ANSWERS

● What extent of impartiality must be exercised by the judge?
○ OCA v. Atty. Liangco (A.C. No. 5355, 13 December 2011): Impartiality applies not
only to “the decision itself but also to the process by which the decision is
made.” As such, judges must ensure that their “conduct, both in and out of the
court, maintains and enhances the confidence of the public, the legal
profession, and litigants in the impartiality of the judge and of the judiciary.” In
the same vein, the Code of Judicial Conduct behooves all judges to avoid

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 impropriety and the appearance of impropriety in all their activities, as such is
essential to the performance of all the activities of a judge in order to maintain
the trust and respect of the people in the judiciary.
● What are the distinctions between disqualification and inhibition of a judge?
○ Disqualification is mandatory. The judge has no discretion. Further, the
grounds for the disqualification of a judge are enumerated in the Rules of
Court.
○ The basis for inhibition is broad enough to leave the matter to the judge’s
sound judgment.
● What is remittal of disqualification of a judge?
○ A judge disqualified may, instead of withdrawing from the proceeding, disclose
on the records the basis of disqualification. If, based on such disclosure, the
parties and the lawyers independently of the judges participation all agree in
writing that the reason for inhibition is immaterial or unsubstantial, the judge
may then participate in the proceeding.
○ The agreement signed by all parties and lawyers shall be incorporated in the
record of the proceedings. (Rule 3.13, Canon 3, 1989 Code).
● Are judges allowed to issue legal opinions?
○ OCA v. Atty. Liangco (A.C. No. 5355, 13 December 2011): No. Judges do not and
are not allowed to issue legal opinions. Their opinions are always in the context
of judicial decisions, or concurring and dissenting opinions in the case of
collegiate courts, and always in the context of contested proceedings. As a
member of the bar and former judge, respondent is expected to be well-versed
in the Rules of Procedure. This exception is imposed upon members of the
legal profession, because membership in the bar is in the category of a
mandate for public service of the highest order. Lawyers are oath-bound
servants of society whose conduct is clearly circumscribed by inflexible norms
of law and ethics, and whose primary duty is the advancement of the quest for
truth and justice, for which they have sworn to be fearless crusaders.
● Will the retirement of a judge preclude the finding of any administrative liability
on his part?
○ A.M. No. RTJ-99-1470, 16 August 1999: No. According to the Supreme Court,
since the court had the jurisdiction at the time of the filing of the
administrative complaint, it was not lost by the mere fact that the respondent
public official had ceased in office during the pendency of his case. The court
retains jurisdiction either to pronounce the respondent officially innocent of
the charges or declare him guilty thereof. A contrary rule would be fraught
with injustice and pregnant with dreadful and dangerous implications.
● May a judge stay at his house to make some research, resolve motions and make
decisions during days when he does not have scheduled hearings?
○ Lacurom v. Judge Pablo Atienza (A.M. No. RTJ-90-456, 14 January 1992): No. A
judge must report to his office even if he has no hearing on regular days.
Pursuant to Circular No. 13, dated 01 July 1987, the Supreme Court emphasized
the need for punctuality and the faithful observance of office hours, with

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 judges being enjoined to strictly observe the requirement of eight (8) hours of
service a day.
○ This was reiterated in Administrative Circular No. 1 of 28 January 1988. In a
decided case, it was said that the law regulating court sessions does not permit
any “day off” from regular office hours to enable a judge to engage exclusively
in research or decision-writing, no matter how important.
● Does delay in the disposition of cases by the judges result in administrative
liability?
○ Daniel G. Sevilla v. Judge Francisco S. Lino (A.M. No. MTJ-08-1714, 09 February
2011): Yes, if the delay is unreasonable. A trial judge who allows, or abets, or
tolerates numerous unreasonable postponements of the trial, whether out of
inefficiency or indolence, or out of bias towards a party, is administratively
liable.
○ Rio Angetia v. Judge Jesus L. Grenada (A.M. No. RTJ-10-2220, 07 February 2011):
Delay in resolving motions and incidents pending before a judge within the
reglementary period of ninety (90) days fixed by the Constitution and the law is
not excusable and constitutes gross inefficiency.
● May a judge be held administratively liable for failing to hold a pre-trial
conference?
○ National Power Corporation v. Judge Santos Adiong (A.M. No. RTJ-07-2060, 27
July 2011): Yes. It is elementary and plain that the holding of such pre-trial
conference is mandatory and failure to do so is inexcusable. When the law or
procedure is so elementary, such as the provisions of the Rules of COurt, not to
know it or to act as if one does not know it constitutes gross ignorance of the
law. Such ignorance of a basic rule in court procedure, as failing to conduct
pre-trial, sadly amounts to gross ignorance and warrants a corresponding
penalty.
● When can judges of the municipal trial courts and municipal circuit trial courts
perform the function of notaries public ex officio, even if the notarization of the
document is not in connection with the exercise of their official function and
duties?
○ Abadilla v. Tabiliran (A.M. MTC-92-716): MTC and MCTC judges assigned to
municipalities of circuits with no lawyers or notaries public may, in their
capacity as notary public ex officio perform any act within the competency of a
regular notary public, provided that:
1. All notarial fees charged be for the account of the government and
turned over to the municipal treasurer (Lapena v. Marcos, A.M. No.
1969-MJ), and
2. Certification be made in the notarized documents attesting to the lack
of any lawyer or notary public in such municipality or circuit.
● A judge is prohibited to serve as an executor, administrator, trustee, guardian, and
a fiduciary. Is this rule absolute?
○ No. When the estate, trust, ward, or person for whom he will act is a member of
the immediate family – which is limited to the spouse and relatives within the

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 second degree of consanguinity – provided that the judge’s services as
fiduciary shall not interfere with the performance of his judicial functions.

L. LANDMARK CASES
● A.M. No. RTJ-10-2257 July 17, 2012 CRISELDA C. GACAD, Complainant, vs. JUDGE
HILARION P. CLAPIS, JR., Regional Trial Court, Branch 3, Nabunturan, Compostela
Valley, Respondent.
● A.M. No. 97-2-53-RTC July 6, 2001 RE: COMPLAINT OF MRS. ROTILLA A. MARCOS AND
HER CHILDREN AGAINST JUDGE FERDINAND J. MARCOS, RTC, BR. 20, CEBU CITY.
● A.M. No. RTJ-12-2316 : October 9, 2012 (Formerly A.M. No. 09-7-280-RTC) OFFICE OF THE
COURT ADMINISTRATOR, Complainant, v. HON. LIBERTY 0. CASTANEDA, Presiding
Judge, ATTY. PAULINO I. SAGUYOD, Clerk of Court, LOURDES E. COLLADO, Sheriff,
MARYLINDA C, DOCTOR, EVELYN B. ANTONIO, ROSALIE P. SARSAGAT and CHERYL B.
ESTEBAN, Court Stenographers, GEORGE P. CLEMENTE, Clerk, MARITONI FLORIAN C.
CERVANTES, Court Interpreter, and RUBEN A. GIGANTE, Utility Worker, all of the
REGIONAL TRIAL COURT, BRANCH 67, PANIQUI, TARLAC, Respondents.
● A.M. No. MTJ-06-1655 March 6, 2007 (Formerly A.M. OCA IPI No. 06-1814-MTJ)
LEONARDO R. OCAMPO, Complainant, vs. HONORABLE GINA M. BIBAT-PALAMOS,
PRESIDING JUDGE, METROPOLITAN TRIAL COURT, PASAY CITY, BRANCH 47,
Respondent.
● A.M. No. RTJ-99-1460 March 31, 2006 OFFICE OF THE COURT ADMINISTRATOR,
Petitioner, vs. JUDGE FLORENTINO V. FLORO, JR., Respondent.
● MANE v. JUDGE BELEN (30 JUNE 2008)
● A.M. No. RTJ-10-2242 August 6, 2010 [Formerly OCA IPI No. 09-3149-RTJ] ATTY. RAUL L.
CORREA, Complainant, vs. JUDGE MEDEL ARNALDO B. BELEN, REGIONAL TRIAL
COURT, BRANCH 36, CALAMBA CITY, LAGUNA, Respondent.
● A.M. No. RTJ-07-2062 January 18, 2011 IMELDA R. MARCOS, Complainant, vs. JUDGE
FERNANDO VIL PAMINTUAN, Respondent.

PRACTICAL EXERCISES

A. COVERAGE FOR PRACTICAL EXERCISES

1. Judicial affidavit
2. Special power of attorney
3. Petition for Correction of Entries in the Civil Registry
4. Extrajudicial Settlement
5. Petition for Issuance of Writ of Habeas Corpus
6. Petition for enforcement of foreign judgment
7. Motion for Execution of Judgment

B. GENERAL TIPS
● For the contents of the conveyancing forms, affidavits, pleadings, and motions, master
the following:

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 ○ Definition and elements for requisites of civil and commercial transactions
○ Different causes of actions (ordinary and special civil action, criminal and
special proceedings), provisional remedies and their elements or requisites
○ Different motions and their requisites (grounds, legal bases, and reliefs sought)
● Master the specific parts of conveyancing, affidavits, pleadings, and motions
● Draft a brief, concise, coherent, and complete document.
● Remember the five S: structure, substance, style, specificity, simplicity
● Budget your time (5-15 mins only per document)
● Avoid legal jargons (observe the plain English rule)
● Use connectives and transitional words (for coherence)
● Avoid legalese: redundant legal phrases
○ Peace and quiet
○ True and correct
○ Force and effect
○ Free and clear
○ Full and complete
○ Undertake and agree
○ Good and sufficient
○ Alter or change
○ Confessed and acknowledged
○ Convey, transfer, and set over
○ Made and entered into

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