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A.

Practice of Law

1. Concept
a. Practice of law is not a natural, property or
constitutional right but a mere privilege to be extended or
withheld in the exercise of sound judicial discretion. It is a
privilege accorded only to those who measure up to certain
rigid standards of mental and moral fitness. But the right to
practice law, once granted, is a right in the sense that it
cannot be capriciously taken from a lawyer, without due
process of law.
b. Practice of law is a profession, a form of public
trust, the performance of which is entrusted only to those
who are qualified and who possess good moral character. It
is not a business, using bargain counter methods to reap a
large profit. The gaining of a livelihood is but a secondary
consideration.

c. The law as a profession proceeds from the basic premise


that membership in the bar is a privilege burdened with
conditions and carries with it the responsibility to live up to
its exacting standards and honored traditions.
d. The primary characteristics which distinguish the legal
profession from business are:
(1) a duty of public service of which emolutment Is a
by-product;
(2) a relation as officer of the court to the
admiinistration of justice;
(3) a relation to client in the highest degree fiduciary;
(4) a relaion to colleagues characterized by candor
and fairness.

Practice of law generally embraces any


activity in or out of court, which requires
the application of law, legal principle,
practice or procedure, and calls for legal
knowledge, training and experience
( Cayetano v. Monsod, 201 SCRA 210).
It is not limited to the conduct of cases
in court. It includes legal advice and
counselling, and the preparation of legal
documents and contracts by which legal
rights are secured (Ulep v. Legal Clinic,
Inc., 223 SCRA 378

Characteristics of practice of law:


1. Habituality
2. Compensation
3. Application of law, legal principle ,
practice or procedure
4. Attorney-client relationship

2. Qualifications for admission to the practice of


law:
a. Citizen of the Philippines;
b. Resident of the Philippines;
c. At least 21 years of age;
d. Of good moral character;
e. No charge involving moral turpitude filed or
pending in court;
(Sec. 2, Rule 138, Rules of Court)
f. Educational qualifications (Secs. 5 & 6, , Rule
138, Rules of Couirt) :
g. Passing the Bar examinations. (Alawi v. Alauya,
268 SCRA 628)
h. Taking the oath and signing the Roll of
Attorneys. (Aguirre v. Rana, B.M. 1036, June 10,

3. Appearance of Non-lawyers
General Rule: Only lawyers may appear and
handle cases in court. Exceptions:
a. Student Practice Rule (Rule 138-A)
A 4th year law, enrolled in the schools clinical
legal education program approved by the
Supreme Court, may appear to represent indigent
clients , under direct supervision and control of a
member of the IBP duly accredited by the law
school.
b.. Non-lawyers authorized by the Supreme
Court
(1) In Municipal or Metropolitan Trial Courts, a
person may appear by
himself of through a
friend.
(2) In municipalities where no lawyer is
available, the MTC judge may appoint a person of
repute for integrity and competence to represent
a party in a criminal proceeding.
(3) In the RTC, a party may appear for himself

c. Non-lawyers authorized by law , to


appear, such as union representatives
authorized to represent union member in
the NLRC (Art.722 [a], Labor Code).
4. Proceedings where lawyers
prohibited from appearing:
a.. Proceedings before the Katarungan
Pambarangay (Art.
415, Local
Government Code)
b. Small claims proceedings (Secs. 16
& 17, Rule on Small Claims Cases)

5. Sanctions for practice or


appearance without authority:
a. Lawyers without authority this
constitutes malpractice and violation
of the lawyers oath, for which he
may be suspended or disbarred.
b. Persons not lawyers may be
punished for contempt of court.

6. Public Officials and practice of law


(a)

Prohibition or disqualification of former


government attorneys
(1) Under R.A. 6713 retired government officials
are allowed to practice their profession, but for a period
of one year after their retirement, they are not allowed
to practice in the office where they had previously been
connected.
(2) Under the Code of Professional Responsibility
- A lawyer may 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; PCGG v. Sandiganbayan, 455 SCRA
526 ).
(3) Under the Judiciary Retirement Act (R.A. 910)
retired members of the judiciary cannot appear as
counsel in cases, civil, criminal or administrative, where

(b) Public officials who cannot practice law or


with restrictions.
(1) Prohibited from practicing President,
Department secretaries, judges and justices,
prosecutors, Solicitor General and members of
the OSG, members of Constitutional
Commissions, Governors and Mayors.
(2) Allowed to practice but subject to
restrictions Senators, members of the House of
Representatives, Vice-Governors and Vice Mayors,
members of the Sanggunians,.
(3) Approval of department head required - Civil
Service employees (Catu v. Rellosa, AC 5738, Feb.
9, 2008, Abella v. Cruzaba, AC 5088, June 3,
2009 [ [Register of Deeds employee]).

7.. Lawyers authorized to represent the


government:
a. Office of the Solicitor General (OSG)
b. State Prosecutors of the Department of Justice
(DOJ
c. Office of the Government Corporate Counsel
(OGCC)
d. Officers who may be authorized by law.
e. Private lawyers retained by government entities.

Three conditions before a GOCC can hire a


private lawyer: (1) private counsel can
only be hired in exceptional cases; (2) the
GOCC must first secure the written
conformity and acquiescence of the OSG
or the OGCC , as the case may be; and (3)
the written concurrence of the COA must
also be secured. (Vargas vs.Ignes, 623
SCRA 1)

Rights of a lawyer
1. To practice law during his lifetime.
2. The first one to set the machinery of justice in
motion.
3. Presumption of regularity in his actions.
4. Deemed 1st grade Civil Service Eligible for all
positions
where knowledge of law is required, and 2nd
grade eligible
for any other position.
5 Considered worthy of trust and confidence of
the public, a leader in the community

B. Duties and responsibilities of a lawyer


1. Sources of duties
a. Constitution
b. Statutes
c. Jurisprudence
d. Lawyers Oath (Sec. 3, Rule 138)
e. Rules of Court
f. Codes of Conduct
(1) Code of Professional Ethics
(2) Code of Professional
Responsibility

C. General classification of duties of a


lawyer:
1. Public duties
2. Private duties
3. Personal duties

D. Classification of duties under the


Code of Professional Responsibility
1. Duties to society in general
2. Duties to his profession
3. Duties to the court
4. Duties to his client

E. DUTIES AND RESPONSIBILITIES


OF A LAWYER
1. Duties to Society in general:
Canon 1 - A lawyer shall uphold the
Constitution, obey the laws of the land, and
promote respect for the law and legal processes
(CPR )
A lawyer assumes responsibilities well beyond
the basic requirements of good citizenship. As a
servant of the law, he should make himself an
example for others to emulate.
.

Rule 1.01 - A lawyer shall not engage in


unlawful, dishonest, immoral and
deceitful conduct.

a. Unlawful conduct conduct in violation of the law,


penal or not.

b. Dishonest conduct disposition to lie, cheat, deceive,


defraud or betray.
c. Immoral conduct conduct which is willful, flagrant or
shameless, and which shows a moral indifference to the
opinions of good and respectable members of the
community. Grossly immoral act is one that is so corrupt or
false as to constitute a criminal act or so unprincipled or
disgraceful as to be reprehensible to a high degree
d. Deceitful conduct - proclivity for fraudulent and
deceptive misrepresentation, artifice or device used upon
another, to the damage or prejudice of the latter.

Examples of unlawful conduct


. Advising circumvention of the Constitution
prohibiting acquisition of land by foreigners.
. Advising clients to execute an antedated sale to
avoid taxes. (Chua v. Mesina, 436 SCRA 149)
. Instigaating clients to violate CARP (Tabang vs.
Atty. Gacott, A.C. 4690, July 8, 2013)
. Issuance of bouncing checks.(De Jesus v.
Collado, 216 SCRA 619)
Notarizing document for dissolution of conjugal
partnership (Espinosa v. Atty. Omaa, A.C. 9081,
Oct. 12, 2011)

Examples of Dishonest Conduct

Notarizing documents outside territorial


jurisdiction.(Tan Tiong Bio v. Atty Gonzales, A.C.
6634,Aug. 23, 2007)
Notarizing document without a commission (Uy
vs. Sao, A.C. 6505, Sept. 11, 2008)
Lying in application for admission to bar
examination. (In re Lanuevo 66 SCRA 245)
Submitting falsified power of attorney to secure
bank loan (RuraL Bank v. Pilla, 350 SCRA 138).

Examples of Immoral Conduct


1. Beso-Beso not immoral (Advincula v.
Macabanta, A.C. 7204, March 7, 2007)
2. Lawyer abandoning his familhy to live with
another woman (Arnobit vs. Arnobit, A.C. 1481,
Oct. 7, 2008).
3. Lawyer having a child out of marriage (subject to
aggravating circumstance if he denies or fails to
support child)
4. Lawyers who commit bigamy or polygamy
(Garrido vs.Garrido, A.C. 6573, Feb. 4, 2010, St.
Louis University vs. dela Cruz, A.C. 2010. Aug. 28,
2006)
5. Married lawyers who seduce innocent women
(Royong vs. Oblena, A.C. 5299, Aug. 19. 2003).

Examples of deceitful conduct

1. Convincing client to entrust property to him


and disposing of the same without accounting for
the proceeds (Codon vs. Balicanta, 190 SCRA
299; Hernandez vs. Go, A.C. 1526, Jan. 31,
2004;Angalan vs. Delante, AC 7181, Feb. 6, 209;
Brennisen vs. Contawi, A.C. 7481, April 24, 2012)
2. Deceiving client to sign deed of sale in his
favor (Florian vs. Ediza, A.C. 5327, Oct. 19, 2011).
3. Acquiring insurance proceeds due to client
through forged SPA (Maritess Freeman vs. Reyes,
A.C. 6246, Nov. 15, 2011)

Rule 1.02 - A lawyer shall not counsel or


abet activities aimed at defiance of the
law or at lessening confidence in the legal
system.
Should not promote an organization known to be
violating the law or engaging in a dishonest
scheme (In Re Turrel, 2 Phil. 266) ,
Scheme to fleece OFWs (Yu vs. Atty. Palana, A.C.
7747, July 14, 2008).
Lawyer who assisted in illegal recruitment of
overseas workers Sebastian v. Calis, 314 SCRA
`1

Rule 1.03 - A lawyer shall not, for any


corrupt motive or interest, encourage any
suit or proceeding or delay any mans

cause (Rule 1.03)


Aimed against stirring up litigation, barratry
and ambulance chasing.

Rule 1.04 - A lawyer shall encourage his


clients to avoid, and/or settle a
controversy if it will admit of a fair
settlement.
He should be a mediator for concord and a
conciliator for compromise rather than an
instigator of controversy and a predator of
conflict (De Ysasi vs. NLRC, 231 SCRA 505).

Canon 2 - A lawyer shall make his services


available in an efficient and convenient manner
compatible with the independence, integrity
and effectiveness of the legal profession.
1. Rule 2.01 A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or
oppressed .
a. But he should not accept more cases than he
can handle, Canoy v. Ortiz, 453 SCRA 410).
2.. Rule 2.02 In such cases, even if the lawyer
does not accept a case, he shall not refuse to render
legal advice to the person concerned if only to the
extent necessary to safeguard the latters rights.

3. Rule 2.03 - A lawyer shall not do or permit to be


done any act designed primarily to solicit legal
business.
a. Forming a partnership with an unauthorized
person for the solicitation of clients (Tan Tek
Beng v. David, 126 SCRA 289; b. Enticing clients
of another lawyer to transfer their cases for a
consideration ( Linsangan vs. Tolentino, A.C.
6672, Sept. 4, 2009)
4. Rule 2.04 A lawyer shall not charge rates
lower than those customarily prescribed unless
the circumstances so warrant.

Proposed Rule on Mandatory Legal Aid


Service
1. Purpose To enhance the duty of lawyers to society as
agents of social change and to the courts as officers thereof
by helping improve access to justice by the privileged
members of society.
2. Requirements Every practicing lawyer is required to
render a minimum of 60 hours of free legal aid services to
indigent litigants in a year.
3. Non-practicing lawyers are required to contribute funds
annually.
4. Practicing lawyers members of the Philippine Bar who
appear for and in behalf of parties in courts of law and
quasi-judicial agencies.
5. Exemptions: (i) government employees and incumbent
elective officers not allowed by law to practice, (ii) lawyers
not allowed by law to appear in court, (iii) supervising
lawyer of student legal clinics and lawyers of NGOs and

Canon 3 A lawyer In making known his


legal services, use only true, honest, fair,
dignified and objective information
a. Allowable advertisements calling cards and
announcements in technical journals (ULEP vs.
Legal Clinic, Inc. 223 SCRA 376)
Rule 3.01 A lawyer shall not use any false,
fraudulent, misleading, deceptive, undignified,
self-laudatory or unfair statement
or claim.
Regarding his qualifications or legal services.
a. Lawyer advertising himself as a specialist in
annulment of marriage, improper.
(Khan v.
Simbillo, 409 SCRA 209)

Rule 3.02 In the choice of a firm name, no false,


misleading or assumed name shall be used. The continued
use of the name of deceased partner is permissible
provided that the firm indicates in all its communications
that said partner is deceased.
a. Reverses In re Sycip, Salazar, 92 SCRA 1
b. Use of foreign firm name not allowed (Dacanay v.
Baker & McKenzie, A.C. Case No. 2131, May 10, 1985)
Rule 3.03 When a partner accepts public office, he shall
withdraw from the firm and his name shall be dripped from
the firm name unless
is allowed to practice law
concurrently
Rule 3.04 A lawyer shall not pay or give anything of
value to representatives of the mass media in anticipation
of or in return for publicity to attract legal business (Rule
3.04)

Canon 4 - A lawyer shall participate in


the development of the legal system by
initiating or supporting
efforts in law
reform and in the improvement of the
administration of justice .
Canon 5 - A lawyer shall keep abreast of
legal developments,
participate in
continuing legal education programs,
support efforts to achieve high standards
in law schools as well as in the practical
training of students and assist in
disseminating the law and jurisprudence.

Canon 6 These canons shall apply to


lawyers in government service in the
discharge of their official tasks.
Rule 6.01 The primary duty of a lawyer engaged
in public prosecution is not to convict but to see
to it that justice is done. The suppression of facts
or the concealment of witnesses capable of
establishing the innocence3 of the accused is
highly reprehensible and is cause for disciplinary
action
Prosecutors represent a sovereign whose obligation
to govern impartially is as compelling as its obligation to
govern at all; and whose interest, therefore, in a criminal
case is not that it shall win a case, but that justice shall be
done. (Suarez vs. Platon, 69 Phil. 556)

Rule 6.02 A lawyer in the government


service shall not use his public position to
promote or advance his private interests,
nor allow the latter to interfere with his
public duties.
Applies to lawyers in government service who are
allowed by law to engage in private practice, and
to those who, though prohibited from engaging in
private practice, have friends, former associates,
and relatives who are in the active practice of
law.


1. Labor arbiter who issued TR0 and PMI without
authority.
( Lahn vs. Mayor, Jr. , A.C. 7430, Feb. 15, 2012).
2. DAR lawyer who issued writ of execution of
CLOA while notice of coverage was still pending
appeal (Berenguer-Landers vs. Atty.Florin A.C.
No. 5119, April 17, 2013)
3. Should the misconduct (Declaratory Relief) of
respondent as judge also warrant his disbarment
from the legal profession? We answer in the
affirmative. (OCA vs. Atty. Daniel B. Liangco, A.C.
5355, Dec. 13, 2011)

Rule 6.03 A lawyer shall not after leaving


government service, accept engagement or
employment in connection with any matter in
which he had intervened while in the said service.

Matter means any discrete, isolatable act as well as


identifiable transaction or conduct involving a particular
situation and specific party and not merely n act of drafting,
enforcing or interpreting government or agency procedures
, regulations or laws, or briefing abstract priociples of law.
intervene only includes an act of a person who has
the power to influence the subject proceedings (PCGG vs.
Sandiganbayan, 455 SCRA 526)

2. Duties to the legal profession.


Canon 7 A lawyer shall at all times
uphold the integrity and dignity of
the legal profession and support the
activities of the Integrated Bar.
. Integrated Bar of Philippines
(1) Integration of the Bar is the official
unification of the entire lawyer population
ordained by the Supreme Court on January 16,
1973.
(2) Integration of the Bar is constitutional (In
re Integration, 49 SCRA 22)

(3) Objectives of the IBP: to elevate standard of


the legal profession, improve the administration
of justice, enable Bar to discharge its public
responsibility more effectively.
(4). Purposes of the IBP include:
(a) to assist in the administration of justice
(b) foster and maintain high ideals of
integrity, learning ,
professional competence, public service
and conduct
among its members,

(c) to safeguard the professional interests of its


members,
(d) To cultivate among its members a spirit of
cordiality and brotherhood,
(e) To provide a forum for discussion of law,
jurisprudence, law reform, pleading, practice and
procedure, and the Bar to the Bench and the
public,
(f) To encourage and foster legal education,
(g) To promote a continuing program of legal
research and make reports and recommendations
thereon.

(5) Membership in the IBP is obligatory on all


lawyers. A member in good standing who is 75
years old or who has been lawyer for 40
years or is unable to practice law due to
physical disability or judicially adjudged
mental incapacity, may be retired from the IBP
upon petition to the Board of Governors.
(6) Every member of the Integrated Bar, even those
abroad, shall pay annual dues fixed by the
Board of Governors. Failure to pay dues can be
a ground for suspension and/or disbarment (In re
Edillon, 84 SCRA 554).
(7) Non-payment of dues is not excused by
limited practice of law and senior citizens
discount (Santos vs. Llamas, 322 SCRA 529)

. Rule 7.01 A lawyer shall be answerable for


knowingly making a false statement or suppressing
a material fact in application for admission to the
bar.
(In re Lanuevo, 66 SCRA 245 failure to
disclose criminal charge; Diao v. Martinez, 7 SCRA
475 false claim of an A.A. degree).
Rule 7.02 A lawyer shall not support the
application of any
person
known to be
unqualified. In respectto charater, eduction or
other relevant attribute.
Rule 7.03 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. (Guevarra v. Eala,

Canon 8 . A lawyer shall conduct himself


with courtesy, fairness and candor towards
professional colleagues, and avoid
harassing tactics against opposing counsel.
Rule 8.01. A lawyer shall not use abusive,
offensive and improper language. (Barandon, Jr.
v. Ferrer, Jr., AC 578, Mar. 26, 2010)
Rule 8.02. A lawyer shall not, directly or
indirectly, encroach on the professional
employment of another lawyer., however, it is
the right of any lawyer, without fear or favor, to
give proper advice and assistance to those
seeking relief agarinst unfaithful or neglectful
counsel.

a. A lawyer shall not in any way communicate upon


the subject of controversy with a party
represented by counsel, much less should he
undertake to negotiate or compromise the matter
with him, but should deal only with his counsel
(Canon 9, Canons of Profesional Ethics, Camacho
v Pagulayan, 328 SCRA 631
b. Enticing clients of another lawyer to transfer
their cases to his office, for a fee ( Linsangan v.
Tolentino, AC 6672, Sep. 4, 200)

Canon 9 A lawyer shall not, directly or


indirectly, assist . in the unauthorized
practice of law.
Rule 9.01- A lawyer shall not delegate to any
unqualified person the performance of any task
which by law may only be performed a member of
the bar in good standing.
a. Public policy requires that the practice of law
be limited to those fund duly qualified.
b. Lawyer may delegate work to secretary or
paralegal provided he supervises them and does not
authorize them to sign pleadings.
c. A lawyer is prohibited from taking in as a
partner or associate, a lawyer under suspension.
d. This rule does not mean that a lawyer may
delegate authority to represent a client to a qualified
person, without the consent of the client.

B.M. No. 2540, September 24, 2013


In Re: Petition to Sign on the Roll of
Attorneys, Michael A. Medado, Petitioner.

While a reading of Canon 9 appears to merely


prohibit lawyers from assisting in the
unauthorized practice of law, the unauthorized
practice of law by the lawyer himself if subsumed
under this provision, because at the heart of
Canon 9 is the lawyers duty to prevent the
unauthorized practice of law. This duty likewise
applies to law students and Bar candidates.

Rule 9.02 A lawyer shall not divide or


stipulate to divide a fee for legal services with
persons not licensed to practice law, except:
a. when there is a pre-existing agreement
with partner or associate that, upon the
latters death, money shall be paid over a
reasonable period of time to his estate or to
persons specified in the agreement.
b. where the lawyer undertakes to
complete unfinished business of deceased lawyer.
c. Where a lawyer or law firm includes
non-lawyer employees ina retirement plan evenif
he plan is based in whole orin part on a profitsharing agreement.

3. Duties to the Court


Canon 10. A lawyer owes candor, fairness
and good faith to the court.
Rule 10.01 A lawyer shall not do any falsehood nor
consent to the doing of any in court; nor shall he mislead
the court by any artifice of allow the court to be misled.
a. Alleging false date of receipt of court decision
Perea v. Almado, 399 SCA 322)
b. Alleging non-existent amicable settlement as
ground for dismissal of complaint (Maligaya v. Doronila 502
SCRA 1)
c. Does not include obligation to allege facts
constituting a defense for the adverse party (Fernandez v.
De Ramos-Villalon, A.C. 7552, Nov. 22, 2006).
d. Informing the Supreme Court that a case had already
been decided
in favor of the adverse party (Director of Lands vs.
Adorable, 77 Phil. 468)

Dr. Domiciano F. Villahermosa, Sr. Vs. Atty. Is


idro L. Caracol
A.C. No. 7325. January 21, 2015
However, Atty. Caracol knew that Efren
had already passed away at the time he
filed the Motion for Issuance of Second
Alias Writ of Execution and Demolition. As
an honest, prudent and conscientious
lawyer, he should have informed the Court
of his clients passing and presented
authority that he was retained by the
clients successors-in-interest and thus the
parties may have been substituted

Rule 10.02 A lawyer must mot knowingly


misquote or misinterpret the contents of the
paper, the language or the argument of opposing
counsel, or the text of a decision or authority, or
knowingly cite as a law provision already
rendered inoperative by repeal or amendment, or
assert as a fact that which has not been proved.
a. Copy word for word, quotation mark by quotation mark
(Insular Life Assurance Co. Ltd. Employees Association vs.
Insular Life Assurance Co., Ltd., 37 SCRA 244)

Rule 10.03. A lawyer shall observe the rules of


procedure and shall not misuse them to defeat
the ends of justice.
a. Misleading the court to believe that the compromise
agreement was not signed by his client (Heirs of Romero
vs. Ryes, 461 SCRA 1)

Rule 10.04 A lawyer shall, when filing a pleading,


furnish the opposing party with a copy thereof,
together with all the documents annexed thereto.
Unless a motion is ex-parte, he should set it for
hearing with sufficient notice to the other party.

Canon 11- A lawyer shall observe and


maintain the respect due to the courts and
to judicial officers and should insist on
similar conduct by others.
Respect is due not only to the judge but also to
other officers of the court like the clerks of court,
sheriffs and other officers who take part in the
judicial work.
Rule 11.01 A lawyer shall appear in court
properly attired.
Rule 11.02. A lawyer shall punctually appear at
court hearings
a. Also covers prompt compliance to the
courts orders.
b. Judges may cite lawyers in contempt of

Rule 11.03. A lawyer shall abstain from


scandalous, offensive or menacing language or
behavior before the dcourts. (Rule 11.03)
a. A lawyers language should alwaysuplift
the dignity of the legal profession.
b. For the felicity of his client, he may be
pardoned for some infelicities in language.
c. There are enough words in the English
language which are forceful but respectful.

Rule 11.04 A lawyer shall not attribute to a judge


motives not supported by the record or having no
materiality to the case.

A.C. No. 6332.April 17, 2012


In re: Supreme Court Resolution dated 28 April 2003
in G.R. Nos. 145817 and 145822
Facts: Lawyer who moved for inhibition of a Supreme
Court Associate Justice on the ground of bribery.
Held: Respondent Pea is administratively liable for making
gratuitous imputations of bribery and wrongdoing against a
member of the Court, as seen in the text of the subject
Motion to Inhibit, his statements during the 03 March 2003
Executive Session, and his unrelenting obstinacy in hurling
effectively the same imputations in his subsequent
pleadings. In moving for the inhibition of a Member of the
Court in the manner he adopted, respondent Pea, as a
lawyer, contravened the ethical standards of the legal
profession.

Rule 11. 05. A lawyer shall not criticize the


personal or official conduct of a judge in an
insulting or intemperate language.
a. It is the cardinal condtion of all such
criticism that it shall be bona fide and shall not
spill over he walls of decency and propriety (In RE
Almacen, 31 SCRA 581)
Rule 11.06. A lawyer shall submit grievances
against a judge to the proper authorities only.
a. A complaint for falsification of a certificate
of service against a judge filed with the
Ombusdman should be referred to the Supreme
Court (Maceda vs.Ombudsman, 24 SCRA 464)
b. Disbarment complaints filed against
judges should be referred by the IBP to the
Supreme Court.

Canon 12. A lawyer shall exert every effort


and consider it his duty to assist in the speedy
and effective administration of justice.

Rule 12.01 A lawyer shall not appear for trial unless he has
adequately prepared himself with the law and the facts of hi s
case, the evidence he will adduce and the order of its
profference. He should also be ready with the original
documents for comparison with the copies.

Rule 12.02 A lawyer shall not file multiple actions


arising from the same cause.
a. There is forum shopping when i. As a result of an adverse decision in
one forum, a party seeks a favorable opinion in
another forum (other than an appeal or certiorari)
ii When a party institutes two or more
actions or proceedings grounde3d on the same
cause;:
iii. When a case is filed in court while an
administrative proceeding is pending.
iv. Where a case for damages is filed in court but
really for the purpose of annuling an adverse
administrative decision.
v. Where case is filed in violation of the rules on
res judicata or litis pendentia,

A.C. No. 6760.January 30, 2013


Anastacio N. Teodoro III Vs. Atty. Romeo S.
Gonzales

While the reliefs prayed for in the initiatory


pleadings of the two cases are different in form, a
ruling in one case would have resolved the other,
and vice versa. To illustrate, had the lot been
declared as part of the estate of Mercedes in
Special Proceedings No. 99-95587, there would
have been no need for a decision annulling the
sale in Civil Case No. 00-99207. Conversely, had
the sale in Civil Case No. 00-99207 been
annulled, then the property would go back to the
hands of the heirs of Manuela. Placing the
property under administration, as prayed for in
Special Proceedings No. 99-95587, would have

A.C. No. 6332.April 17, 2012


In re: Supreme Court Resolution dated 28
April 2003 in G.R. Nos. 145817 and 145822
Respondents peculiar request, which was not
included in his other motions, gives the
impression that in his quest to have Justice
Nachura inhibit himself, respondent nonetheless
did not want his case to be raffled out of the Third
Division. If his only intention was to raise the
possibility of bias against Justice Nachura alone,
then it would not matter whether his case
remained with the Third Division, with another
member being designated to replace Justice
Nachura, or raffled to another Division altogether.
Respondent Peas odd prayer in his motion for
inhibition bore signs of an intent to shop for a
forum that he perceived to be friendly to him,

Rule 12.03 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.
a. A lawyer should not presume that his motion for
extension will be granted.
b. The period of extension starts where the original period
ends.

Rule 12.04 A lawyer shall not unduly delay a


case, impede the execution of a judgment or
misuse court processes.
a. Claiming clients property to be his to save them from
execution (Hegna v. Paderanga, AC 5955, Sep. 8, 2009)

Rule 12.05 A lawyer shall refrain from talking to


his witness during a break or recess in the trial,
while the witness is still under examination.
Rule 12.06. A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate
another.
Rule 12.07 A lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience
him.

Rule 12.08 A lawyer shall avoid testifying in behalf


of his client, except:
i. On formal matters, such as the mailing,
authentication or custody of an instrument and
the like,or
ii. On substantial matters , in case where his
testimony is essential to the end of justice, in
which event hemust, during his testimony,
entrust the ttrial of the case to nother counsel.
where his testimony is essential
a. Santiago v. Rafanan, 440 SCRA 91 not
applicable to preliminary investigations)

Canon 13. A lawyer shall rely upon the


merits of his cause and refrain from
any impropriety which tends t
influence, or gives the appearance of
influencing the court.
Rule 13.01 A lawyer shall not extend
extraordinary attentionor hospitlity to, nor seek
opportunity for cultiating familiarity with judges.
a. Erlinda Bildner v. Erlinda Ilusorio and Atty. Manuel
Singson, G.R. No. 157384, June 5, 2009

Rule 13.02 A lawyer shall not make public


statements in the media tending to arouse public
opinion for or against a party. )
a. Re: Suspension of Atty. Bagabuyo, AC 608, Oct. 9,
2007 ,
22, 2009.

Foodsphere, Inc. v. Mauricio, AC 7199, July

Rule 13.03 - Shall not invite interference


by another branch of government in the
normal course of judicial proceedings.
a. Appeal to the Office of the President
( Bumanlag s. Bumanlag. 74 SCRA 92)

4. Duties to a client
Canon 14 A lawyer shall not refuse
his services to the needy.
a. Lawyer-client relationship strictly personal,
highly confidential and fiduciary.
b. Creation of lawyer-client relationship when
the advice of a lawyer is sought on a professional
matter, and he gives it.
Rule 14.01 A lawyer shall not decline to
represent a person solely on account of the latters
race, sex, creed or status of life, or because of his
own opinion regarding the guilt of said person.
( Francisco v. Portugal, 484 SCRA 571)

Rule 14.02 = A lawyer shall not decline,


except for serious and sufficient cause, an
appointment as counsel de oficio or as amicus
curiae or a request from the Integrated Bar of the
Philippines or any of its chapters for rendition of
free legal aid.
counsel de oficio lawyer appointed by
the court to
represent an indigent party; opposite of
counsel de
parte.
amicus curiae friend of the court;
appointed to advise
the court in complex cases.

Rule 14.03 A lawyer may not refuse to accept


representation of an indigent client unless:
a. He is not in a position to carry out the work
effectively or competently ; or
b. he labors under a conflict of interest between
him and the prospective client, or between a
present client and the prospective client.
Rule 14.04. A lawyer who accepts the cause of a
person unable to pay his professional fees shall
observe the same standard of conduct governing
his relationship with a paying client.

Canon 15. A lawyer shall observe candor,


fairness and loyalty in all his dealings and
transactions with his client.
Rule 15.01 A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable, whether the mater would involve a
conflict with another client or his own interest,
and if so, shall forthwiih inform the prospective
client.
Rule 15.02 A lawyer shall be bound by the
rule on privileged communication in respect of
matters disclosed to him by a prospective client.
Rule 15.03 A lawyer shall not represent
conflicting interests except by written consent of
all concerned given after a full disclosure of the
facts.

i. Types of conflict of interest:


Concurrent or multiple representation
Sequential or successive representation
ii. Tests of conflict of interest:
(1) Whether a lawyer is duty bound to fight
for an issue or claim in behalf of one client , and at
the same time, to oppose that claim for another
client;
(2) Whether the acceptance of a new relation
would prevent the full discharge of his duty of
undivided loyalty to his client.

(3) Whether the acceptance of a new relation would invite


suspicion of unfaithfulness or double-dealing in the
performance of his duty of fidelity and loyalty.
4) Whether in the acceptance of the new relation, he
would be called upon to injure his former client on a matter
that he has handled for him, or require him to reveal
information that his former client has given to him.

iii. Rule compared to Rule on Privileged


Communication.
Rule on privileged communication An
attorney cannot, without he consent of his client,
be examined as to any communication made by
the client to him, or his advice given thereon in
the course of or with a view to, professional
employment, nor can an attorneys secretary,
stenographer, or clerk be examined without the
consent of the client and his employer.
Concerning any fact the knowledge of which has
been acquired in such capacity (Sec. 24 [b], Rule
130, Revised Rules of Court)

Cases on Conflict of Interest

1. Arises from lawyer-client relationship (Hilado vs. David,


84 Phil. 538)
2. Conflict between lawyer and accountant (Nakpil vs.
Valdes, 285 SCRA 748)
3. Corporate counsel in a derivative suit (Hornilla vs.
Salunat, 405 SCRA 220).
4. Engaging in business to compete with client (Quiambao
vs.
Bamba, A.C. 6708, Aug. 25, 2005)
5. Counsel and party plaintiff at the same time (Gamilla vs.
Mario, 399 SCRA 108)
6. Counsel of lender and borrower (Lee vs. Simando, A.C.
2537, June 10,2013)
7. Duration of loyalty (Heirs of Falame vs. Baguio, A.C.
6878, March 7, 2009)

Rule 15.04 A lawyer may, with the written consent


of all concerned, act as mediator, conciliator or
arbitrator in settling disputes.
a. Buehs vs. Bacatan, A.A. 6674, June 30, 2009
Rule 15.05. A lawyer, when advising his client,
shall give a candid and honest opinion on the
merits and possible results of the clients case,
neither overstating nor understating the
prospects on the case.
Rule 15.06 - A lawyer shall not state or imply that
he is able to influence any public official, tribunal
or legislative body.

Chamelyn A. Agot vs. Atty. Luis P. Rivera


A.C. No. 8000. August 5, 2014
In the instant case, respondent misrepresented
himself as an immigration lawyer, which resulted
to complainant seeking his assistance to facilitate
the issuance of her US visa and paying him the
amount of P350,000.00 as downpayment for his
legal services. In truth, however, respondent has
no specialization in immigration law but merely
had a contact allegedly with Pineda, a purported
US consul, who supposedly processes US visa
applications for him. Undoubtedly,
respondents deception is not only unacceptable,
disgraceful, and dishonorable to the legal
profession; it reveals a basic moral flaw that
makes him unfit to practice law.

Rule 15.07 A lawyer shall impress on his


client compliance with the laws and
principles of justice.
a. A lawyer is not a gun for hire.

Rule 15.08. A lawyer who is engaged in


another profession or occupation
concurrently with the practice of law shall
make clear to his client whether he is
acting as a lawyer or in another capacity
(Art. 15.08)

Canon 16 - A lawyer shall hold in


trust all moneys and properties of his
client that may come into his
possession.
Rule 16.01 A lawyer shall account for all
money or property collected or received for or
received from the client
a. Money given for a purpose must be used for
such purpose; otherwise, returned to client immediately.
b. Failure to do so will raise presumption that lawyer
misappropriated it. (De Chavez-Blanco v. Lumasag, Jr., AC
5195, Apr. 10, 2009)

Rule 16.02 A lawyer shall keep the funds of


each client separate and apart from his own and
those of others kept by him.
a. Velez vs. De Vera, A.C. 6697, July 25, 2006

Rule 16.03. A lawyer shall deliver the funds


and property of client upon demand. However, he
shall have a lien over the funds and may apply so
much thereof as may be necessary to satisfy his
lawful fees and disbursements, giving notice
promptly thereafter to his client. He shall also have
a lien to the same extent on all judgments and
execution s he has secured for his client as
provided for inthe Rules of Court.
a. A Lawyer may not apply clients funds to his fees if
client is still objecting to the amount thereof. (Lemoine v.
Balon, 414 SCRA511).
b. A lawyer will not be ordered to return money given to
him for facilitation fee. (Arellano University v. Mijares, AC
380, Nov. 30. 2009)
c. Retaining lien and charging lien Section 37, Rule
138, Revised Rules of Court.

Rule 16.04 - A lawyer shall not borrow money


from his client unless the clients interests are
fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend
money to his client except, when in the interest
of justice, he has to advance necessary
expenses in a legal mater he is handling for the
client.
a. Lawyer borrowing from client - Wong v.
Moya, AC 6972, 2008, Sps.Concepcion v. Atty.
de la Rosa, AC 10681, Feb. 3, 2015
Prohibition under Article 1491 of the Civil Code.
Conditions:
(a) Lawyer-client relationship;
(b) Clients property involved in a
litigation;

(1) includes mortgage or lease to lawyer or


partnership or corporation owned by him.
(2) includes acquisition of a right of
redemption of clients property;
(3) not violated by contingent fee contract;
(4) void on ground of public policy; fraud is
irrelevant.

Canon 17 A lawyer owes fidelity to


the cause of his client and shall be
mindful of the trust and confidence
reposed in him.
a. Duty of fidelity carries the corollary obligation
of serving the client with competence and
diligence, championing his cause with zeal within
the bounds of the law, and exertion of utmost
learning and ability. To the end that nothing shall
be taken or withheld from the client except by the
rules of law legally applied.
d. The duty of fidelity outlasts even the death of
the client (Heirs of Falame vs. Atty.Baguio, A.C.
6t876, March 7, 2008

Canon 18. A lawyer shall serve his


client with competence and diligence.
Rule 18.01 A lawyer shall not undertake a legal service
which he knows or should know that he is not qualified to
render. However, he may render such service if, with the
consent of his client, he can obtain as collaborating counsel a
lawyer who is competent on the matter.
Rule 18.02 A lawyer shall not handle any legal matter
without
adequate preparation. .
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him and his negligence will render him liable.
(Rule 18.03) (Talento v. Paneda, AC
7433, Dec. 23, 2009)
Rule 18.04 A lawyer shall keep the client informed of the
status of his case and shall respond within reasonable time to
his clients request for information.
a. Solidon v. Macalalad, AC 8158, Feb. 124, 2010

Canon 19 A lawyer shall represent his


client with zeal within the bounds of
the law.
Rule 19.01 A lawyer shall employ only fair
reasonable
means to obtain the lawful objectives
of his client and shall not present, participate in
presenting, or threatening ro present unfounded
criminal charges to obtain an improper advantage
in any case or proceeding. Briones v. Jimenez, AC
6691, April 17, 2007,
(Pea v. Aparicio, AC
7208, June 25, 2007. Rural Bank of Calape v.
Florido, AC 5736, June 29, 2010)

Rule 19.02. A lawyer who has received


information that his client has, in the course of
the representation, perpetuated a fraud upon a
person or tribunal, shall promptly call upon the
client to rectify the same and failing which he
shall terminate the relationship with such client in
accordance with the Rules of Court.
a. But he may not reveal the clients fraud
because it might violate the confidentiality of
their relationship.

Rule 19.03 A lawyer shall not allow his


client to dictate the procedure in handling
the case.
a. The employment of a lawyer confers upon him general
authority to do on behalf of his client such acts necessary
or incidental to the prosecution of the suit entrusted to
him.
b. But the lawyer is more than an agent of the client.
c. The authority to appear for the client is presumed and
lasts until the termination of the litigation.
d, A lawyer has authority to bind the client in all matters
of ordinary judicial procedure The cause of action,the
claimrdemand sued upon, and the subject matter, is subject
the control of the client.
e. Notice to the lawyer is notice to the client.
f. Negligence of the lawyer binding on the client.

CANON 20. A lawyer shall charge


only fair and reasonable fees .
a. A lawyer has the right to have and recover a
fair and reasonable compensation for his services.
b. The compensation of a lawyer should be a
mere incident of the practice of law.
c. A lawyer is entitled to judicial protection
against injustice, imposition or fraud on the part of
his client as the client against abuse on the part of
his counsel.
d. Generally, a lawyers right to compensation
requires the existence of a lawyer-client
relationship and the rendition of services to the
client.
e. A written agreement is not necessary to
establish a clients obligation to pay attorneys

f. An agreement for attorneys fees is always


subject to the control of the courts.
g. A lawyer may recover attorneys fees on the
basis of quantum meruit when (1) there is no
agreement as to the fees, (2) when there is an
agreement which has been set aside by the court
or the parties themselves, (3) when the agreent
for attorneys fees hs been set side due to formal
defects, (4) when the lawyers services has been
terminated with just cause .

Rule 20.01 A lawyer shall be guided by the following factors


in determining his fees:
a. The time spent and extent of services rendered or
required
b. The novelty and difficulty of questions involved
c. The importance of subject matter
d. The skill demanded
e. The probability of losing other employment as a result of
acceptance of
the proferred case.
f. The customary charges for similar services and the
schedule of fees of
the IBP chapter to which he belongs.
g. The amount involved in the controversy and the
benefits resulting to
the client from the services.
h. The contingency or certainty of compensation

i.

The character of the employment, whether


occasional or established, and
j. The professional standing of a lawyer.
Rule 20.02 A lawyer shall, in cases of referral,
with the consent of the client, be entitled to
division of fees in proportion to the work
performed and the responsibility assumed.

. Acceptance fee - down payment on attorneys fees if


he accepts to render service in the case. Should not be
made a precondition to rendering such legal service
(Ceniza v. Rubia, AC 6166, Oct. 2, 2009).
. Contingency fee arrangements contract between
lawyer and client whereby the lawyer agrees to handle
the clients case but his fee, usually a proportion of the
funds or property that may be recovered, shall be
contingent on his success in handling the case. Because
he takes a risk in the payment of his fees, a larger
amount is allowed. A contingent fee agreement is valid.
A contingency fee arrangement is different from a
champertous
agreement where the lawyers fee is also contingent on
his success
in achieving the goal of his client, but with the additional
stipulation
that all expenses of the litigation will be shouldered by
him. A

Corazon M. Dalupan vs. Atty. Glenn C.


Gacott
A.C. 5067, June 29, 2015

On the other hand, an acceptance fee refers to


the charge imposed by the lawyer for merely
accepting a case. This is because once the
lawyer agrees to represent a client, he is
precluded from handling the case of the opposing
party based on the prohibition on conflict of
interest. Thus, he incurs and opportunity cost by
merely accepting the case of the client which is
therefore indemnified by the payment of
acceptance fee. Since the acceptance fee only
seeks to compensate the lawyer for a lost
opportunity, it is not measured by the nature and
extent of the legal services rendered.

. Attorneys liens:
Retaining lien a lawyer is allowed to retain
possession of the monies properties and
documents of his client until he is paid his fees.
Requisites are: (1) lawyer obtained possession
by virtue of a lawyer-client relationship, (2) lawyer
has rendered services, (3) lawyer has not been
paid.
Retaining lien is a passive lien. There is no
action required of the lawyer to take to establish
the lien. If the documents are needed to be used
as evidence, the lawyer may be ordered to give
them to the client, provided the latter posts a bond
for the attorneys fees.
A retaining lien is lost once the lawyer loses
possession.
A retaining lien is a general lien. It can be
exercised to enforce the payment of the lawyers
fees in all the services he has rendered to the

Charging lien the right of a lawyer to charge the


judgment and all its executions for the payment of
his fees.
The charging lien is an active lien. The lawyer
is required to file a motion in the case he is
handling to charge the judgment with his fees.
Copies of his motion should be furnished to his
client and the adverse party, who will be obliged to
pay his fees before paying his client.
Necessarily a charging lien can be established
only on a judgment for a sum of money.
A charging lien is a special lien. It can be
utilized only for the payment of the lawyers

Fees and controversies with clients.


Rule 20.03. A lawyer shall not, without the full
knowledge and consent of the client, accept any
fee, reward, costs, commission, interest, rebate of
forwarding allowance or other compensation
whatsoever related to his professional employment
from anyone other than the client. (Spouses Rafols
vs. Barrios, AC 4973, Mar 15, 2010)
Rule 20.04. Avoid controversies with clients
concerning his compensation and resort to judicial
action only to prevent imposition, injustice of fraud.
(Valentin Miranda v. Atty. Macario Carpio, AC 6281,
Sept. 21, 2011
Procedure: petition for attorneys fees may be
filed as an incident in the same action he is
handling or in a separate civil case.

Concepts of attorneys fees.


1. Ordinary the fee that the client
pays his counsel for the latters services.
2. Extraordinary - attorneys fees as
an item of damages which the court may
order a losing party to pay to the winning
party. As a general rule, attorneys fees in
the
concept
of
damages
is
not
recoverable- Public policy requires that no
penalty be placed on the right to litigate.
Exceptions are provided in Article
2208 of the Civil Code.
Claim for attorneys fees must be
pleaded.
Reasons for award must be

A.C. No. 6281, Nov. 21, 2011


VALENTIN C. MIRANDA vs. ATTY. MACARIO D.
CARPIO
It is highly unprofessional for a lawyer to impose
additional professional fees upon his client upon
his client which were never mentioned nor agreed
upon at the time of the engagement of his
services. At the outset, respondent should have
informed the complainant of all the fees or
possible fees that he would charge before
handling the case and not towards the near
conclusion of the case. This is essential in order
for the complainant to determine if hem has the
legal capacity to pay respondent before engaging
his service.

Valentin Miranda vs. Atty. Macario Carpio, contd.

Quantum meruit, meaning as much as he


deserved, is used as a basis for determining the
lawyers professional fees in the absence of a
contract and recoverable by him for is client. The
principle of quantum meruit applies if a lawyer is
employed without a price agreed upon for his
services. In such a case, he would be entitled to
receive what he merits for his services, as much
as he has earned.

Canon 21 A lawyer shall preserve the


confidences or secrets of his client
even after the attorney-client relation
is terminated.
a. Conditions:
1.Existence of a lawyer-client relationship or a
prospective lawyer-client relationship.
2. The client made the communication in
confidence.
3. The legal advice is sought from the lawyer in
his professional capacity.

b. Exceptions (when allowed):


a. When authorized by the client ;
b. When required by law;
c. When necessary to collect his fees or to
defend himself. His employees and associates or
by judicial action (Rule 21.01)
d. Disclosure to partners or associates of the
firm, unless prohibited by the client (Rule 21.04)
e. Disclosure of a crime to be or in the process
of being committed.

Rule 21.02 A lawyer shall not, to the disadvantage of his


client, use information acquired in the course of
employment, now shall he use the same to his advantage
or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.

Rule 21.03 A lawyer shall not, without the written consent


of his client, give information from his files to an outside
agency seeking such information for auditing, statistical,
bookkeeping, accounting data processing or any similar
purpose

Rule 21.04 A lawyer may disclose the affairs of a client of


the firm to partners or associates thereof unless prohibited
by the client.

Rule 21.05 A lawyer shall adopt such measures


as may be required to prevent those whose
services are utilized by him, from disclosing or
using confidences or secrets of the client.
Rule 21.06 A lawyer shall avoid indiscreet
conversation about a clients affairs even with
members of his family.
Rule 21.07 A lawyer shall not reveal that he has
been consulted about a particular case except to
avoid a possible conflict of interest.

Canon 22 A lawyer shall withdraw


his services only for good cause and
upon notice appropriate in the
circumstances.
Rule 22.01 - A lawyer may withdrw his services in any
of the following cases:.
(1) When the client pursues am illegal or immoral
course of
conduct in connection with the matter he is
handling;
(2) When the client insists that lawyer pursue
conduct violative
of these canons and rules;
(3) When his inability to work with co-counsel will
not promote
the best interests of the client;
(4) When the mental or physical condition of the
lawyer renders it
difficult for him to carry out the employment

Requisites for substitution of attorney:


a. Written application for substitution;
b, Written consent of the client;
c, Written consent of the attorney to be
substituted or at
least notice of the motion for substitution
served on
him.
Rule 22.02 - A lawyer who withdraws or is
discharged shall, subject to a retainer lien,
immeditaely turn over all papers and property to
which the client is entitled, and shall cooperate
with his successor in the orderly transfer of the
matter, including all information necessary for the

C. SUSPENSION, DISBARMENT AND


DISCIPLINE OF LAWYERS
1. Nature and characteristics of disciplinary
actions against lawyers.
(a) sui generis disciplinary proceedings are a
class of their own, neither civil nor criminal, but an
investigation into the character of a lawyer to
determine his fitness to continue in the practice of
law. They involve no private interest and afford no
redress for private grievance. They are undertaken
solely for public welfare.
(b) prescription - the Statute of Limitations
does not apply. Neither does prescription preclude
disbarment proceedings. However, it may indicate
ulterior motive of the part of the complainant or
innocence of the respondent. But, see Isenhardt vs.
Real.

2. Grounds:
(a) Acts of misconduct before admission
(Garrido v. Garrido, AC 6593, Feb. 4, 2010)
(b) Acts of misconduct after admission;
(1) Deceit
(2) Malpractice
(3) Gross misconduct in office
(4) Conviction of a crime involving moral
turpitude
(5) Grossly immoral conduct
(6) Violation of the lawyers oath
(7) Willful disobedience of a lawful order
of the
court
(8) Corruptly appearing for a party
without
authority
(9) Solicitation of cases (Sec. 27, Rule
138)
In general, loss of good moral character.

A.C. No. 9881, June 4, 2014


Atty. Alan F Paguia vs. Atty. Manuel
T. Molina

Even if we assume that Atty. Molina did provide


his clients legal advice, he still cannot be held
administratively liable without any showing that
his act was attended with bad faith or malice. The
rule on mistakes committed by lawyers in the
exercise of their profession is as follows: An
attorney-at-law is not expected to know all the
law. For an honest mistake or error, an attorney is
not liable. Chief Justice Abbott said that, no
attorney is bound to know all the law; God forbid
that it should be imagined that an attorney or a
counsel, or even a judge, is bound to know all the
law.

3. Proceedings:
(a) initiated by the Supreme court motu propio
or by the IBP, or upon verified complaint by any
person filed with the Supreme Court or an IBP
Chapter. .
(b) if complaint prima facie meritorious,
referred to the IBP, or the Solicitor General, any
officer of the Court or a judge of a lower court.
(c) IBP Board of Governors assigns complaint
to Commission on Bar Discipline (CBD).
(d) CBD will assign complaint to a
Commissioner or group of Commissioners.
(e)
If complaint found meritorious,
Commissioner(s) will require respondent to file
an answer.
(f) Commissioner will conduct hearing in which
respondent is accorded due process.

(g) After hearing, Commissioner(s) will submit


Report and Recommendation to IBP Board of
Governors.
(h) Board of Governors will render decision, either
exonerating the respondent and dismissing the
case, or imposing a sanction less than suspension,
or recommending suspension or disbarment to the
Supreme Court.
Exoneration may be appealed by the
complainant to the Supreme Court. Sanction of
less than suspension or disbarment may be
appealed by the respondent to the Supreme Court.
Either one may file a motion for reconsideration with
the IBP Board before appealing.
(i) Supreme Court renders decision, by division if
penalty is fine of P10,000 less and/or suspension for
one year or less, and by the court en banc, if

4. Discipline of Filipino Lawyers Practice in

Foreign Jurisdiction:
(a) They may likewise be disciplined in
the Philippines if their misconduct in the
foreign jurisdiction also constitutes ground
for discipline here.
(b) But they are entitled to due process
here, and the decision of the authorities
abroad shall only be considered as prima
facie evidence of misconduct.

A.C. N0. 5377, June 30, 2014


VICTOR C. LINGAN vs. ATTYS. ROMEO
CALUBAQUIB and JIMMY F. BALIGA
When this court orders a lawyer
suspended from the practice of law, the
lawyer must desist from performing all
functions requiring the application of legal
knowledge within the period of
suspension. This includes desisting from
holding a position in government requiring
the authority to practice law.

Melvyn G. Garcia Vs. Raul H. Sesbreo


A.C. No. 7973 and A.C. No. 10457. February
3, 2015

Even if Sesbreo has been granted


pardon, there is
nothing in the records that shows that it
was a full and unconditional pardon. In
addition, the practice of law is not a right
but a privilege. 19 It is granted only to
those possessing good moral character. 20
A violation of the high moral standards of
the legal profession justifies the imposition
of the appropriate penalty against a
lawyer, including the penalty of
disbarment

D. Readmission to the Bar


1. Lawyers who were suspended:
Guidelines:
a. After a finding that the respondent lawyer must
be suspended
from the practice of law, the Court
shall render a decision imposing the penalty.
b.Unless the Court explicitly states that decision is
immediately executory upon receipt thereof, the
respondent has 15 days within which to file a motion
for reconsideration thereof. Denial of the motion for
reconsideration shall render the decision final and
executory.
c. Upon expiration of the period of suspension, the
respondent shall file a Sworn Statement with the
Court through the Office of the Bar Confidant stating
therein that he or she has desisted from the practice
of law and has not appeared in any court during the
period of his or her suspension.

d. Copies of the sworn statement shall be furnished the


Local Chapter of the IBP and to the Executive Judge of
the courts where he or she has pending cases and/or
has appeared as counsel.
e. The Sworn Statement shall be considered as proof of
respondents compliance with the order of suspension.
f. Any finding or report contrary to the statements made
by the lawyer under oath shall be ground for
imposition of a more severe punishment, or
disbarment, as may be warranted.
(Maniago vs.
Atty. De Dios, A.C. No. 78472, March 30, 2010)

2. Lawyers who have been repatriated:


a. Updating and payment in full of the
annual membership dues in the IBP;
b. Payment of professional tax;
c. Completion of at least 36 credit hours of
MCLE;
d. Retaking of the lawyers oath. (Petition for
Leave to Resume Practice of Law, Benjamin M.
Dacanay, 540
SCRA 424)

3. . Lawyers who have been disbarred:


a. Proof of remorse and reformation
(certifications of the IBP, judges and prominent
members of the community.
b. Lapse of sufficient time from imposition of
penalty.
c. Productive years ahead that can be put to
good use.
d. Showing of promise (intellectual aptitude,
legal scholarship) and potential for public
service.
e. Other relevant factors and circumstances.
Of course, must satisfy the court that he is a
person of good moral character.

E. Mandatory Continuing Legal


Education
1. Purpose: to ensure that members of the bar keep abreast
with law and jurisprudence; maintain the ethics of the
profession; and enhance the standards of the practice of law.
2. Requirements: 36 hours of MCLE every three years: 6
hours for legal ethics, 4 hours to trial and pre-trial skills, 5
hours to alternative dispute resolution, 9 hours to updates in
substantive and procedural laws, 4 hours to legal writing and
oral advocacy , 2 hours to international law and international
conventions, 6 hours to subject as may be prescribed by the
MCLE committee.
3. Compliance each member shall secure a Compliance
Card before the end of his compliance period. Such card
must be returned not later than the day after the end of his
compliance period.

4. Exemptions:
a. President and Vice-President, Secretaries and
Undersecretaries of Executive Departments,
b. Senators and Members of the House of
Representatives,
c. Chief Justice and Associate Justices of the Supreme
Court, incumbent and retired members of the
judiciary, incumbent members of the Judicial and Bar
Council, incumbent court lawyers covered by the
Philippine Judicial Academy,
d. Chief State Counsel, Chief State Prosecutor, and
Assistant Secretaries of the Department of Justice,
e. Solicitor General and Assistant Solicitor General,
f. Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel,
g. Chairmen and Members of Constitutional
Commissions.

h. The Ombudsman, over-all Deputy


Ombudsman, Deputy Ombudsman an and Special
Prosecutor of the Office of the Ombudsm h and
Special Prosecutor of the Office of the Ombudsm
h,
i. Heads of government agencies exercising
quasi-judicial functions,
j. Incumbent deans, bar reviewers and professors
of law who have teaching experience for a lest
ten years in accredited law schools.
k. The Chancellor, Vice-Chancellor and members
of the Corps of Professors
and Professorial
Lecturers of the Philippine Judicial Academy,

l. Governors and mayors,


m. Those who are not in law practice, private or
public.
n. Those who have retired from law practice
approved by the IBP Board of Governors.
o. Good cause.
5. Sanctions:
a. Non-compliance fee.
b. Non-compliance after 60 days for compliance,
listed as delinquent member of the IBP.

F.

NOTARIAL PRACTICE

1. Qualifications of Notary Public:


a. Citizen of the Philippines
b. Over 21 years of age
b. Resident of the Philippines for at least 1
year
d. Maintains a regular place of work In the
city or
province where the commission is to be
issued,
e. Member of the Philippine bar in good
standing
f. Has not been convicted in the first

2. Term of office: two (2) years, commencing

from the first day of January of the year in


which the commission was issued.
3. Powers and limitations:
Powers Acknowledgments
Oaths and affirmations
Jurats
Signature witnessing
Copy certifications
Any other act authorized by the
Rules
a. Witnessing signing by
thumbmark
b. Signing on behalf of disabled

4. Jurat refers to an act in which an individual on a single


occasion appears in person before a notary public and
presents an instrument or document, is personally known to
the notary public of identified through competent evidence
of identity, signs the instrument or document in the
presence of the notary, and takes an oath or affirmation as
to such instrument or document.

Acknowledgment refers to an act in which an individual


on a single occasion, appears in person before then notary
public and presents an integrally complete instrument or
document, is attested to be personally known to the notary
public or identified through competent evidence of identity,
represents to the notary public that the signature on the
instrument of document was voluntarily affixed by him, and
declares that he has executed the instrument or document
as his free and voluntary act and deed, an if he acts in a
particular representative capacity, that he has the authority
to sign in that capacity.

Limitations:
a. A notary shall not perform a notarial act if the person
involved as signatory of the instrument:
(1) is not in the notarys presence personally at the time
of
notarization, (Heirs of Villanueva v. Beradio, AC 6270, Jasn
23, 2007)
(2) is not personally known to the notary or identified
through competent document of identity. (Gonzales v.
Padiernos, AC
6713, Dec. 8, 2008)
b A notary is disqualified from performing a notarial act if
he:
(1) is a party to the document or instrument to be
notarized;
(2) will receive as a direct or indirect result any
advantage,
right, title, interest, cash, property or other consideration;
(3) is a spouse, common law partner, ancestor,

c. A Notary public shall not perform a notarial act if


(1) he knows or has good reason to believe
that the
transaction is unlawful or immoral,
(2) the signatory shows a demeanor which
engenders
reasonable doubt as to the consequence
of the
transaction,
(3) The signatory is not acting of his own free
will.
d. A Notary Public shall not
(1) execute a certificate containing
information known or believed to be false,
(2) affix an official signature or seal on a

4. Notarial Register a permanently bound book


containing a
chronological record of notarial acts, with the
following
particulars:
a. Entry number
b. date and time of act,
c. type of notarial act,
d. type and description of instrument,
e. name and address of each principal,
f. name or address of each witness,
g. fee charged,
h. address where notarization was performed
if not in regular place of work,
i. any other circumstance.

5. Jurisdiction of Notary Public and place of


notarization:
a. Jurisdiction territorial jurisdiction of the
commissioning
court.(TanTiong Bio v. Gonzales, AC 6634, Aug.
23, 2007)
b. Place of notarization regular place of work,
except:
(1) public office, 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 documents or instruments
requiring
notarization,

6. Revocation of Commission Executive judge may revoke


commission:
a. For any ground for which an application for a
commission may be
denied;
b. Where the notary public
(1) fails to keep a notarial register;
(2) fails to make a proper entry in his notarial
register;
(3) fails to send a copy of his entries to the Executive
within10 days of the following month;
(4) fails to affix to acknowledgments 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 to the Executive Judge
within a
reasonable time, concerning the performance of

(7) fails to require the presence of a principal at


the time
of a notarial act;
(8) fails to identify a principal on the basis of
personal
knowledge or competent evidence;
(9) executes a false or incomplete certificate;
(10) knowingly perform or fails to perform any
other act
prohibited or mandated by the Rules;
(11) commits any other dereliction or act which
in the
judgment of the Executive Judge
constitutes good cause

7. Competent evidence of identity


a. at least one current identification
document issued by an official agency bearing
the photograph and signature of the individual;
or
b. the oath or affirmation of one credible
witness not
privy of the instrument, document or transaction
who is personally known to the notary public, or
c. the oath of affirmation of two 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.

8. Sanctions:
The Executive Judge shall cause the
prosecution of any person who:
(a) knowingly acts or impersonates a notary
public;
(b) knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public, and
(c) knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.
The Executive Judge concerned shall submit
semestral reports to the Supreme Court on
discipline and prosecution of notaries public.

II. JUDICIAL ETHICS


A. Sources:
1. Constitution
2. Laws (Civil Code, Penal Code, Anti-Graft
Code, R.A 6713
3. Rules of Court
4. Canons of Judicial Ethics
5. Code of Judicial Conduct (prom. Sept. 5,
1989)
6. New Code of Judicial Conduct for the
Philippine Judiciary
(prom. April 27, 2004)
.

B. Qualifications for appointment:


1. For Supreme Court and lower collegiate
courts:
a. Natural-born citizen of the Philippines;
b. At least 40 years of age;
c. Judge of a lower court or practiced law
for
at least 15 years. (Sec. 7[1], Art. VIII,
Phil.Const.)
2. For RTC judges:
a. Natural-born citizen of the Philippines;
b. At least 35years of age;
c. Engaged in practice of law or held
public office
requiring admission to practice of law

3. For MTC judges:


a. Natural-born citizen of the Philippines
b. At least 30 years of age;
c. Engaged in the practice of law or held
office requiring
admission to the bar as a reuisite for at
least 5 years.
(Judiciary Reorg. Act)
4. For all members of the Judiciary
A member of he Judiciary must be a
person of proven
competence, integrity, probity and
independence (Sec. 7
[3], Art. VIII, Constitution)

C. Judicial and Bar Council (Sec. 8, Art. VIII,


Const.)
1. Function - recommending appointees to
the Judiciary
(at least 3 for every vacancy).
2. Composition:
a. Chief Justice as ex-officio Chairman
b. Secretary of Justice (ex-oficio member)
c. Representative(s) of Congress (ex-oficio
member)
d. Representative of the Integrated Bar
e. Professor of Law
f. Retired Member of the Supreme Court
c. Representative of the private practice

D. Qualities required of judges under the


New Code:
1. Independence is a pre-requisite 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) .
Sec. 1 Judges shall exercise their judicial
function independently on the basis of their
assessment of the facts and in accordance with a
concscientious understanding of the law,
free of
any extraneous influence, inducement, pressure,
threat or interference, direct or indirect, from any
quarter or for any reason..
Libaros v Dabalos, 199 SCRA 48 ; Go vs. CA, 206
SCRA 165 acting under pressure of public opinion

Sec. 2 In performing judicial duties, judges shall


be independent from judicial colleagues in
respect of decisions which the judge is obliged to
make independently.
Sec. 3 - Judges shall refrain from influencing in
any manner the outcome of litigation or dispute
pending before anther court or administrative
agency.
Sabitsana v. Villamor, 202 SCRA 405 pressuring
MTC judge
In Re Justice Demetria, 355 SCRA 366 CA
justice interfering
with prosecution of drug case;
OCA vs. Judge de Guzman, 26 SCRA 292
influencing another

Sec. 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.

Sec. 5 Judges shall not only be free from


inappropriate connections with, and influence by,
the executive and legislative branches of
government, but must also appear to be free
therefrom to a reasonale observer.

2. Integrity is essential not only to the


proper discharge of the judicial office, but
also to the personal demeanor of judges.
Sec. 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.
In the judiciary, moral integrity is more than
a cardinal virtue. It is a necessity. (Fernandez v.
Hamoy, 436 SCRA 186)
Ignorance of the law is a mark of
incompetence, and where the law involved is
elementary, ignorance thereof is considered an
indication of lack of integrity (Macalintal v. Teh,
280 SCRA 623)

Sec. 2 The behavior and conduct of judges must


reaffirm the peoples faith in the integrity of the
Judiciary. Justice must not merely be done, but
must also be seen to be done.
a. In-chamber meetings without the presence of the
other party must be avoided (Capuno vs. Jaramillo,243
SCRA 213)
b. Maliciously kissing female subordinates (Talens-Dbon
vs.Arceo, 29 SCRA 354, Dawa vs. De Asa, 292 SCRA 703)
c. Judge must guard against loing his temper (Echano vs.
Sunga, 102 SCRA 738)

Sec. 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.
Corollary to maintenance of order and decorum in the

Canon 3 Impartiality is essential to the

proper discharge of the judicial office. It


plies not only to the decisions itself but
also to the process by which the decision
was made.
Sec. 1 Judges shall perform their judicial duties
without favor, bias or prejudice.
Sec. 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.
Pimentel v. Salanga, 21 SCRA 160 peoples faith in
the judiciary
Parayno v. Meneses, 231 SCRA 807 duty to sit
Datuin, Jr. vs. Soriano, 391 SCRA 2 Regularity is

Sec. 3 Judges shall, so far as is reasonable, so


conduct themselves as to minimize the occasions
on which it will be necessary for them to be
disqualified from hearing or deciding cases.
a. Fraternization with lawyers and litigants should be
voided.

Sec. 4 Judges shall not knowingly, while a


proceeding is before or could come before them,
make any comment that might be reasonably be
expected to affect the outcome of such
proceeding or impair he manifest fairness of the
process. Nor shall judges make any comment in
public or otherwise that might affect the fair trial
or any person or issue. .
a. Publicity for personal vainglory should be avoided.

Sec. 5 Judges shall disqualify themselves 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:
i. Taken from Sec. 1, Rule 137 of Revised Rules of
Court.
ii Disqualification distinguished from inhibition

(a) The judge has actual bias or prejudice


concerning a party or personal knowledge of
disputed evidentiary facts.
(1) Bias and partiality must stem from extrajudicial source

(b) The judge has previously served as a


lawyer or was a material witness in the matter in
controversy.

(c) The judge or a member of his family has an


economic interest in the outcome of the matter
in controversy.
(1) Octubre vs. Valano, 434 SCRA 636 -Judge did not
disqualify himself and issued a wartant or arrest in a
criminal case where he is the complainant

(d) The judge served as executor,


administrator, guardian, trustee or lawyer in
the 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 judges ruling in a lower court is the
subject of review.
Sandoval v. CA, 260 SCRA 283 partial

(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.
Villaluz v. Mijares, 288 SCRA 594 petitioner is judges
daughter
(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.
Sec. 6. If the parties and lawyer, independently of the judges
participation, all agree in writing that the reason for the
inhibition is immaterial or unsubstantial, the judge may
then participate in the proceedings. The agreement, signed
by all the parties and lawyers, shall be incorporated in the
record of the proceedings.
Remittal of disqualification Code of Judicial
conduct
Associacion de Hacenderos vs. Talisay Milling Co.,

Inhibition on discretinary grounds; but decision is not


conclusive:
a. A matter of conscience and sound discretion.
b. Judges have a duty to sit, and inhibition should be
resorted
to sparingly,
c. Vda. De Bonifacio vs. BLT Bus Co., 34 SCRA 618 fact
that one of the counsels appearing was classmate of the
judge is not a ground for inhibition.
d. Paredes, Jr. vs.Sandiganbayn, 252 SCRA 541 mere
divergence of opnion as to law applicable not a ground for
inhibition.
e. Mantaring vs.Roman, 254 SCRA 158 filing of an
administrative case against a judge not a ground for d is
qualification.
f, Bellosillo Saludo, A.M> 3297, April 6, 1989 Memberhip
in a college fraternity or civic group not a ground for
inhibition.

Canon 4. Propriety and the appearance of


propriety are essential to all activities of a judge.
a. Concept of propriety conformity to prevailing
customs and usages (American Heritage Dictionary)

Sec. 1 Judges shall avoid impropriety and


appearance of impropriety in all their activitie s.
a. His behavior not only onthe bench but also in every
day life should be beyond reproach.
b.. Acts not per se improper can be perceived by the
larger community as such.
c. Instances of improper conduct:
i. Judge who heard case while on vacation and
dressed only in a polo shirt (Liwanag v. Lusre, A.M> MTJ08-98-1168, April 21, 1999);
ii. tasteless jokes in a wedding ceremony (Hadap v.
Lee, 114 SCRA 559);

iii. drunken behavior in public (De la Paz v. Inutan, 64 SCRA


540).
iv. making insulting statements to a lawyer who did
graduate from UP (Mane
vs, Judge Belen, A.M. RTJ-082119, June 30, 2001)
v. Use of court letterhead for private letter (Ladigonvs.
Garong, A.M. MTJ-08-1712, Aug. 20, 2008)
vi. Immorlity
vii. Intoxication.
viii. Use of guns to terrorize or pistol-whip
ix. Use of intemperate language
x. Failure to pay debts

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 shall conduct
themselves in a way that is consistent with the
dignity of the judicial office.

a. Use of intemperate language improper, even


if addressed
no one (Re Anonyumous Complaint against
Judge Edmundo T. Acua, 464 SCRA 250 , Cua
Shuk Yin vs. Perello, 474 SCRA 472)

Sec. 3 Judges shall, In their personal relations with individual


members of the legal profession who practice regularly in
their courts, avoid situations which might reasonably give
rise to the suspicion or appearance of favoritism or
partiality.
Padilla vs. Zantua, 237 SCRA 670 eating with lawyer
in public
Sec. 4 A judge 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.
Vidal v. Dojillo, Jr., 483 SCRA 264 moral support for
brother
Sec. 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.
Sec. 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.

Sec. 7 Judges shall inform themselves about their


personal fiduciary and financial interests and
shall make reasonable efforts to be informed
about he financial interests of members of their
family.
Sec. 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 any one 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..
Dionisio v. Escao, 302 SCRA 411
posting notices for family restaurnt business in
court bulletin board
Sec. 9 Confidential information acquired by a
judges in their judicial capacity shall not be used
or disclosed for any other purpose related to their

Sec. 10 Subject to the proper performance of


judicial duties, judges may:
(a) Write, lecture, teach and participate in
activities concerning the law, the legal system,
the administration of justice or related activities.
(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.
In re Designation of Judge Rodolfo Manzano, AM 88-7861-RTC consitutional prohibition against designation of
judges
to
agencies
performing
quasi-judicial
or

Sec. 11 - Judges shall not practice law while the holder of


judicial office.
Carual v. Brusola, 317 SCRA 34 may serve as executor,
administrator, trustee, guardian or other fiduciary when
estate or trust, or ward, is member of immediate family,
and will not interfere with performance of judicial duties
MTC judges as notaries public ex officio, may not
notarize private documenrts, except (1) when no lawyers
available in the municipality, and (2) notarial feees are paid
to the governments account.
Sec. 12 Judges may form or join associations of judges or
participate in other organization representing the interests
of judges.
Sec. 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 entitled to be
done by him in connection with the performance of judicial

Sec. 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 entitled to be done in
connection with their duties and functions.
Sec. 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 be
reasonably perceived as intended to influence the judge in
the performance of official duties or otherwise give rise to
an appearance of partiality.
Gifts from foreign sources governed by Sec. 7 (d) of
R.A. 6713.

Canon 5. Ensuring Equality of treatment to


all before the courts is essential to the due
performance of judicial duties.
Sec. 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.
a. Awareness of international instruments concerning
equality of human beings, and rights of women and
children.
b. Gender and Development Mainstreaming Plan for the
Philippine Judicial System adopted on December 9, 2003.

Sec. 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.
Sec.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..
Sec. 4. Judges shall not knowingly permit
court staff or others subject to his or her
influence, direction or control j to differentiate
between persons concerned in a matter before
the judge on any irrelevant ground.
Sec. 5 Judges shall require lawyers in
proceedings before the court to refrain from
manifesting bias or prejudice based on irrelevant

Canon 6. Competence and diligence


are prerequisites to the due performance
of judicial office.
Sec. 1 The judicial duties of a judge
precedence over all other activities.

take

a. The primary duty of judge is to hear and decide


cases.
b CA justice dismissed for failure to decide cases
and motions on time

Sec. 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 courts operations.
a. Other tasks of judge record
supervision of personnel.

keeping and

Sec. 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 the training and other facilities
which should be made available under judicial
control, to judges.
Verginesa v. Dilag, 580 SCRA 491 presumed to
have more than cursory knowledge of rules of procedure .

Sec. 4 Judges shall keep themselves informed


about relevant developments of international law,
including international conventions and other
instruments establishing human rights norms.
Two general source of international law
customary and conventional norms.

Sec. 5 Judges shall perform all judicial duties, including


the delivery of reserved decisions, efficiently, fairly and
with reasonable promptness.
a. Periods for decision fixed by the Constitution:
24 months for the Supreme Court
12 months for the lower collegiate courts
3 months for lower courts
to be counted from submission ( filing of last
pleading or
memorandum required )
Sec. 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.
Sec. 7 Judges shall not engage in conduct incompatible
with the diligent discharge of judicial duties.

E. Powers and duties of courts and judicial


officers
(Rule 135, Revised Rules of Court)
1. Sec. 1 Courts always open; justice to be
promptly and impartially administered.
2. Sec. 2 - Publicity of pleadings and records
a. Sitting of every court shall be public, but public may
be excluded in the interest of morality or decency.
b. Records of every court shall be available for
inspection, unless forbidden in the interest of morality or
decency.

3. Sec. 3. Process of any superior court may be


enforced in any part of the Philippines.
4. Sec. 4 Process of inferior courts shall be
enforceable within the province where the
municipality or city lies. Shall not be enforced
outside the province except with the approval of

the judge of the RTC of said province, and only in


the following cases:
a. order for delivery of personal property lying outside
the province,
b. attachment or real or personal property lying outside
the province,
c. action is against two or more defendants residing in
different provinces ,
d. where place where case has been brought Is
specified in the contract

Writs of execution issued by inferior courts may


be enforced in any part of the Philippines.
Criminal process issued by a judge of an inferior
court may be served outside his province when
the district judge or provincial fiscal shall certify
that the interests of justice so require.

5. Inherent powers of courts:


a. To preserve and enforce order in its
immediate presence.
b. To enforce order in proceedings before it
or before persons empowered to conduct judicial
investigation under its authority.
c. To compel obedience of its judgments,
orders or processes and to lawful orders of a
judge out of court, in a case pending therein.
d. To control in furtherance of justice the
conduct of the ministerial officers, and of all other
persons in any manner connected with a case
before it, in eery manner appertaining therein.

e. To compel attendance of persons to testify


in a case pending therein.

f. To administer or cause to be administered


oaths in a case pending therein, and in all other
cases where it may be necessary in the exercise
of its powers,

g. To amend and control irs process and


orders so as to make them conformable to law
and justice,

h. To authorize a copy of a lost or destroyed


pleading or other paper to be filed and used
instead of the original and to restore and supply
deficiencies in its records and proceedings.

6. When by law jurisdiction is conferred in a court


or judicial officer, all auxiliary writs, processes
and other means necessary to carry it into effect
may be employed by such court or officer; and if
the procedure to be followed is not specifically
pointed out by law , any suitable process or more
of proceeding may be adopted which appears
conformable to the spirit of said law or rules.
7. All trials upon the merits shall be conducted in
open court and so far as convenient in a regular
court room. All other acts may be done in
chambers.

8. An RTC judge shall have power to hear and


determine any interlocutory motion when within
the district though outside his province, after due
notice to the parties. A petition for habeas
corpus, or for release upon bail or reduction of
bail may be heard by an RTC judge at any place in
his judicial district.
9. An RTC judge transferred or reassigned to
another province may decide a case totally heard
by him anywhere in the Philippines. If the case
has only been heard partially by him, th parties
may ask the Supreme Court to authorize him to
continue hearing and to decide the case.

F. Discipline of Members of the


judiciary
a. Members of the Supreme Court by
impeachment only.
(1) Grounds:
(i) Culpable violation of the Constitution
(ii) Treason
(iii) Bribery
(iv) Graft and Corruption
(v) Other high crimes
(vi) Betrayal of public trust
(Sec. 2, Art. XI, 1987 Constitution)

(2) Procedure:
(i) Verified complaint by any member of the
House of Representatives, or by any citizen
endorsed by any member of the House.
(ii) Included in the Order of Business within
10 session days;
(iii) Referral to a committee within 3 session
days;
(iv) After hearing, Committee to submit
Report approved by majority of its members
within 60 session days;
(v) Report calendared for consideration
within 10 session days.
(vi) Affirmation or reversal by at least 1/3 of
all the members of the House.

(vi) In case verified complaint or resolution is


filed by at least 1/3 of the Members of the House,
the same shall constitute the Articles of
Impeachment, and trial by the Senate shall
forthwith proceed.

(vii) The Senate shall have sole power to try


and decide all cases of impeachment.
(3) Sanction: Removal from office and
disqualification to hold any office under the
Republic of the Philippines, , and liability to
prosecution and punishment according to law.

Ethical Considerations in the Impeachment of


CJ Corona

1.
2.
3.
4.
5.

SALN and betrayal of public trust.


Senators as judges.
Lawyers as prosecutors
Lawyers as defense counsels
Role of media

b. Other justices and judges


Grounds:
1. Under Sec. 67 of the Judiciary Act of 1948
Serious
misconduct and inefficiency.
2. Under Sections 8, 9 and 10 of Rule 140:
serious, less serious and light charges.
Serious:
1. Bribery, direct or indirect
2. Dishonesty and violations of the Anti-Graft
Law (RA 3019)
3. Gross misconduct constituting violations of
the Code
of Judicial Conduct.
4. Knowingly rendering an unjust judgment or

6. Willful failure to pay a just debt


7. Borrowing from lawyers and litigants in a
case pending before the court
8. Immorality
9. Gross ignorance of the law or procedure
10. Partisan political activities
11. Alcoholism and/or vicious habits
Less serious
1. Undue delay in rendering a decision or order.
or in transmitting the records of the court
2. Frequent and unjustified absences without
leave or habitual tardiness

3. Unauthorized practice of law


4. Violation of Supreme Court rules, directives,
and circulars
5. Receiving additional or double compensation
unless
specifically authorized by law.
6. Untruthful statements in the certificate of
service, and
7. Simple misconduct
Light
1. Vulgar and unbecoming conduct
2. Gambling in public
3. Fraternizing with lawyers and litigants with
pending cases
in court
4. Undue delay in the submission of monthly

How initiated
a. Initiated motu propio by the Supreme Court, - o
b. upon verified complaint by person with personal
knowledge, or
Macalintal v. Teh, 280 vs 623 verification nor
required if res ipsa loquitor applicable.
c. anonymous complaint supported by public records of
indubitable integrity.
Procedure:
a. If complaint sufficient in form And substance,
respondent required to comment within 10 days,
b. Reference to OCA for evaluation,
c. Reference for investigation retired SC justice (if
respondent is CA Justice) to CA justice, (if respondent is
RTC judge), RTC judge (if respondent is MTC judge).

d. Hearing by investigating judge or justice,


e. Report submitted by investigating judge or
justice.
f. Action by Supreme Court.

e. Sanctions imposed by the Supreme Court on erring


members of the Judiciary.
1. If the judge is guilty of a serious charge:
(a) dismissal from the service,
(b) forfeiture of all or part of the benefits as the
Court may
determine, except accrued leave benefits;
(c) disqualification from reinstatement or
appointment to any public office, including government
owned or controlled corporation,
(d) Suspension from office without salary and other
benefits for more
than 3 but not exceeding 6 months. and
(e) A fine of more than P20,000.00 but not exceeding
P40,000.00.

2. If the judge is guilty of a less serious charge:


(a) Suspension from office without salary and other
benefits for not less than 1 nor more than 3 months, or
(b) A fine of more than P10,000.00 but no exceeding
P20,000.00.
3. If the judge is guilty of a light charge:
(a) A fine of not less than P1,000.00 but not exceeding
P10,000.00, and/or
(b) Censure,
(c) Reprimand,
(d) Admonition with warning.

Civil liability of judges


1. General rule not personally liable for damages
to person injured in consequence of an act
performed within the scope of his official
authority, without malice, negligence or bad
faith.
a. Good faith is always presumed.
Exceptions:
a. Administrative Code of 1987
b. Articles 27 and 32 of the New Civil Code

Criminal liability of judges


1. Under Revised Penal Code.
Knowingly rendering an unjust judgment (Art.
204, RPC)
Unjust judgment rendered through negligence
(Art. 205)
Unjust interlocutory order (Art. 206)
Malicious delay in administration of justice
(Art. 207)
Bribery, direct (At. 210) or indirect (Art. 211)
Open disobedience (Art. 231)
Falsification (Art. 171)
2. Under the Anti-Graft Act (R.A. 3019)
Inducing another officer to violate duties (Sec.
3a)

Causing undue injury or giving unwarranted


benefit (Sec. 3e)
Neglect or refusal to act within a reasonable time
(Sec. 3f)
Filing of SALN (Sec. 7)
3. Plunder (R.A. 7080)
4. Violation of RA 6713, Code of Conduct for Public
Officials.
5. Violation of PD 46 (Receiving gifts from private
persons in any occasion)
6. Transfer if unlawfully acquired property (RA
1379)
7.
Violation of right to counsel (EO 155)

Legal Fees (Rule 141)

Sec. 1 Upon filing of pleading or other application which


initiates an action, the prescribed fees shall be paid in full.
Sec. 2 Fees as lien Where a court awards a claim not
alleged, or a relief different or more than that claimed, the
party concerned shall pay the additional fees which shall
constitute a lien on the judgment in satisfaction of said
lien. c
Sec. 11. - Stenographers fee P10.00 per page.
Sec. 12. Notarial fees P100.00
Sec. 14. Witness fee P200.00 per day
Sec 19 Pauper litigants exempt from payment of legal fees.
But legal fees shall be a lien on any judgment rendered in
favor of the pauper litigant, unless the court orders
otherwise.
Pauper litigant those whose gross family income does not

exceed twice the monthly minimum wage , and do not own


real property with a fair market value of more than
P300,000.00.

Sec. 20 Victim Compensation Fee In


addition to the fees imposed, victimcompensation fee of P5,000.00 pursuant to RA
7300 shall be assessed and collected P5.00 for
the filing of eery complaint or petition initiating
an ordinary civil action, special civil action or
special proceedings, including civil actions
impliedly instituted with criminal actions where a
filing fee is likewise collected.
Sec. 21 The Republic of the Philippines, its
agencies or instrumentalities are exempt from
paying legal fees. Local governments and
government owned or controlled corporations are
not exempt.

Costs (Rule 142)


Sec. 1 Unless otherwise provided by these rules,
costs shall be allowed to the prevailing party as a
matter of course, but the court, for special
reasons, may adjudge that either party shall pay
the costs or that it shall be divided as may be
equitable.
Sec. 2. When an action or appeal is dismissed for
lack of jurisdiction or otherwise, the court
nevertheless shall have the power to render
judgment for costs, as justice may require.
Sec. 3 Where an action or appeal is found to be
frivolous, double or treble costs may be imposed
on the plaintiff or appellant, which shall be paid
by his attorney, if so ordered.

Sec 4 An averment in a pleading made without


reasonable cause and found untrue, shall subject
the offending party to payment of reasonable
expenses as may have been necessarily incurred
by the other party by reason of such untrue
pleading. The amount fixed by the judge shall be
taxed as cost.
Sec. 5 Where the record contains any
unnecessary, irrelevant or immaterial matter, the
party responsible for the same shall not be
allowed as costs any disbursements for the same.
Sec. 6 No attorneys fees shall be taxed as costs
against the adverse party, except as provided by
civil law.

Sec. 7 If plaintiff shall recover a sum not


exceeding P10.00, no cost shall be recovered,
unless the court certifies that the action involved
substantial and important right of the plaintiff.
Sec. 8 In inferior courts, the costs shall be taxed
by the judge and included In the judgment. In
superior courts costs shall be taxed by the clerk
of court on 5 days written notice given by the
prevailing party to the adverse party. Either party
may appeal to the court from the clerks taxation.
The cost shall be inserted in the judgment if
taxed before its entry, and payment shall be
enforced by execution.

Court Record and General Duties of


Clerks and Stenographers (Rule 136)
Sec. 5 The clerk of a superior court shall issue
all ordinary writs and processes, which does not
involve judicial discretion, incident to a pending
case, and sign writs and processes emanating
from the court.
Sec. 6. The clerk shall receive and file all
pleadings and other papers properly presented.
Sec. 7. The clerk shall safely keep all records,
papers, files, exhibits and public property
committed to his charge.
Sec. 6. The clerk shall keep a general docket of
cases filed in court.

Sec. 14. No record shall be taken from the clerks


office without an order of the court, except the
Solicitor General or his assistants, the provincial
fiscal and his deputies, and attorneys de oficio.
Sec. 17. It shall be the duty of the stenographer
to deliver to the clerk of court immediately after
the close of court sessions, all note he had taken.
When such notes are transcribed, the transcript
shall be delivered to the clerk, to be attached to
the record of the case.

Canons of Professional Ethics

Adopted by the Philippine Bar Association in 1917


and 1946, based on the canons of the American
Bar Association. Issued by administrative orders
of the Secretary of Justice.
Consists of 46 canons, many of which are carried
over to the Code of Professional Responsibility.
Hence it is considered suppletory to the latter
Code.
Thus, the following canons of the Canons of
Professional Ethics (CPE) are correlated to
corresponding canons of the Code of Professional
Responsibility (CPR):


Canon 1- duty of the lawyer to maintain a
respectful attitude towards the court (Canon 11,
CPR)
Canon 3 attempts to exert personal influence
over the judge (Canon 13, CPR)
Canon 5 the defense or prosecution of those
accused of crime (Rules 14.01 and 6.01, CPR)
Canons 12, 13, 14 Fixing the amount of the fee
(Canon 20, CPR)
Canon 15 how far a lawyer may go in
supporting a clients cause (Canon 19, CPR)
Canon 27 advertising, direct or indirect (Canon
3, CPR)
Canon 23 Partnership names (Canon 3, CPR)