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A.

Practice of Law

• 1. Concept
• Not a natural, property or constitutional
right but a privilege to be extended or
withheld in the exercise of sound judicial
discretion.
• Is a right in the sense that it cannot be
capriciously taken from a lawyer, without due
process of law.
• Practice of law is a profession, a form of
public trust, not a business, using bargain
counter methods to reap a large profit. The
gaining of a livelihood is but a secondary
consideration.
2. 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 relation to colleagues characterized by
candor and fairness.
*
3. 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
4. Characteristics of practice of law:
a. Habituality
b. Compensation
c. Application of law, legal principle,
practice or procedure
d. Attorney-client relationship
5. 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, 2003)
6. Appearance of Non-lawyers

General Rule: Only lawyers may appear and handle cases in court.
Exceptions:
a. Student Practice Rule (Rule 138-A)
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 (pro se) in . civil
cases.
(4) Small Claims cases.
c. Non-lawyers authorized by law to appear, e.g. labor union leaders
7. Sanctions for practice or appearance without
authority:
a. Lawyers without authority –this constitutes
malpractice and violation of the lawyer’s oath,
for which he may be suspended or disbarred.
b. Persons not lawyers – may be punished
for contempt of court.
8. 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 the government is the adverse party.
*
(b) Public officials who cannot practice law or with restrictions.
(1) Prohibited from practicing – President, Vice-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)
*
10. 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.
(i) Subject to approval by OSG, OGCC, COA
(ii) If approval not obtained, personal liability of officers
who hired. liable (Laguesma vs. COA. G.R. No.
185544. January 13, 2015)
12. 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
13. . Duties and responsibilities of a lawyer

1. Sources of duties
a. Constitution
b. Statutes
c. Jurisprudence
d. Lawyer’s Oath (Sec. 3, Rule 138)*
e. Rules of Court
f. Codes of Conduct
(1) Code of Professional Ethics
(2) Code of Professional Responsibility
DUTIES 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 clients to execute an antedated sale to avoid taxes.
(Chua v. Mesina, 436 SCRA 149)
• Adivising clients to short cut settlement of estate (Coronel vs.
Cunanan, A.C. No. 6738. August 12, 2015)
. Issuance of bouncing checks.(De Jesus v. Collado, 216 SCRA
619)
Copying the contact details of another lawyer (Estate of Jose
Uy vs. Atty. Maghari, A.C. No. 10525. September 1, 2015
Advising shortcut in settlement of estates (Gabriela Coronel
vs. Atty. Nelson A Cunanan, A.C. No. 6738. August 12, 2015)
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. Saño, 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. Lawyer abandoning his family to live with another woman
(Arnobit vs. Arnobit, A.C. 1481, Oct. 7, 2008).
2. Lawyer having a child out of marriage (subject to aggravating
circumstance if he denies or fails to support child)
3. 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)
4. Married lawyer who obtained divorce and remarried abroad.
(Perez vs.Catindig, A.C. No. 5816, March 10, 2015).
5. Married lawyer courting other women, married or
unmarried (Ecraela vs. Pangalangan, AC 10670, Set. 8, 2015)
Examples of deceitful conduct

• 1. Convincing client to entrust property to him and disposing


of the same without accounting for the proceeds (Cordon vs.
Balicanta, 190 SCRA 299; Hernandez vs. Go, A.C. 1526, Jan.
31, 2004;Angalan vs. Delante, AC 7181, Feb. 6, 2009 ). 2/ 2.
• 2. Deceiving client to sign deed of sale in his favor (Florian vs.
Ediza, A.C. 5327, Oct. 19, 2011, and Feb. 9, 2016).
• 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 man’s 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 latter’s
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 to
him 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. Every practicing lawyer is required to render at least 60
hours of free legal aid service to indigent litigants in a year.
• 2. Non-practicing lawyers shall contribute P2,000.00 ar to a
special fund of the IBP for the support of its legal aid program.
• Non-practicing lawyers are;
• a. Government employees and incumbent elective officials
not allowed by law to practice;
b. Lawyers not allowed by law to appear in court;
c. Supervising lawyers of students in law student practice,
and lawyers of NGOs and Pos
d. Lawyers employed in the private sector but not allowed to
appear for parties in courts and quasi-judicial agencies
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. 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.
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. 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 and Special Prosecutor of the Office of the
Ombudsman and Special Prosecutor of the Office of the
Ombudsman,
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.
4. Sanctions:
a. Non-compliance fee.
b. Non-compliance after 60 days for compliance,
listed as delinquent member of the IBP. (Arnado vs. Atty.
Adaza, A.C. No. 9834, August 26, 2015)
Canon 6 – These canons shall apply to lawyers in *
government service in the discharge of their official
tasks.

• It bears stressing that a lawyer in public office is expected not


only to refrain from any act or omission which might tend to
lessen the trust and confidence of the citizenry in
government, he must also uphold the dignity of the legal
profession at all times and observe a high standard of honesty
and fair dealing. Otherwise said, a lawyer in government
service is a keeper of the public faith and is burdened with
high degree of social responsibility, perhaps higher than her
brethren in private practice. (Ronaldo C. Facturan Vs.
Prosecutor Alfredo L. Barcelona, Jr., A.C. No. 11069. June 8,
2016
• 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.

• Labor Arbiters who abused power to issue writs of execution
(Abella vs. Barrios, A.C. No. 7332, June 18, 2013, Flores vs.
Mayor, A.C. No. 7314, August 25, 2015) .
• Suspended government lawyer continuing to practice law
during period of suspension, (Victor C. Lingan vs. Attys. Omeo
Calubaquib and Jimmy F. Baliga, A.C. No. 5377, June 30,
2014)
• NBI lawyer who complied with suspension by going on leave
• (Ma Cecilia C. Advincula vs. Atty. Leonardo C. Advincula, A.C.
No. 9226. June 14, 2016)
Prosecutor who hid records of a case to benefit a party
(Ronaldo Facturan vs. Pros. Alfredo Barcelona,Jr., A.C. No.
11069. June 8, 2016)
• 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)
• Example: retired judge who appeared as counsel for the accused in a
case tried by him when still in the service.
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

Integration of the Bar is the official unification of the entire


lawyer population ordained by the Supreme Court on
January 16, 1973.
(1) 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.

(2). 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.
(3) 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.
(4) 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).
(5) Non-payment of dues is not excused by “limited practice of
law” and “senior citizen’s 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, Diao vs.
Martinez, 7 SCRA 475.
Rule 7.02 – A lawyer shall not support the application of any
person known to be unqualified. In respect to character,
education 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, AC 7136,
August 2007, Nelson Valdez vs. Atty. Antolin Dabon, Jr. A.C. No.
7353, November 16, 2015).
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 (abogadong polpol – Noble vs. Aty. Ailes,
A.C. No. 10628, July 1, 2015) .

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 against
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. Lawyer may not authorize secretary to sign pleadings.
(Tapay vs. Atty. Bancolo, A.C. No, 9804, March 20, 1013) or
delegate duty of examining documents for notarization (Ang vs.
Gupana, A.C. 4545, Feb, 5, 2014)
b. A lawyer is prohibited from taking in as a partner or
associate, a lawyer under suspension.
c. Duty starts with oneself (In Re: Petition to Sign on the Roll
of Attorneys, Michael A. Medado, Petitioner, B.M. No. 2540,
September 24, 2013.
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 latter’s death, money
shall be paid over a reasonable period of time to his estate
or to persons specified in the agreement.
b. where the lawyer undertakes to complete
unfinished business of deceased lawyer.
c. Where a lawyer or law firm includes non-lawyer
employees in a retirement plan even if he plan is based in
whole or in part on a profit-sharing 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 violation of patent which has already expired (Sonic
Steel Industries, Inc. vs. Atty. Chua, A.C. No. 6042, July 1, 2013)
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. Appearing as counsel for a party without authority Cheryl E. Vasco-
Tamaray vs. Atty. Deborah Z. Daquiz(
A.C. No.10868, January 26, 2016
e. Intestate Estate of Uy vs. Atty, Pacifico Maghari, AC. No. 10525.
September 1, 2015)
• 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. Employing dilatory tactics to prevent enforcement of a final judgment
(Salaban vs. Atty. Villaruel, A.C. No. 8084. August 24, 2015).
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.

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 court’s orders.
b. Judges may cite lawyers in contempt of court for coming
late or being absent.
Rule 11.03. A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the
dcourts. (Rule 11.03)
a. A lawyer’s 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.
d. Use of improper language in Facebook (Maria Victoria
G. Belo G. Henares vs. Atty. Roberto “Argee” Guevarra. A.C.
No. 11394. December 1, 2016)
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. Gratuitous statement that a member of the Supreme Court


has been bribed ( In re: Supreme Court Resolution dated 28
April 2003 in G.R. Nos. 145817 and 145822, A.C. No. 6332,
April 17, 2012)

• b. Alleging that judge is soft-hearted ( Edgardo Arreola vs.


Atty. Maria Vilma Mendoza, A.C. No. 10135, Jan. 15, 2014)
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 the 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. (Forum-shopping)
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
grounded 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,
• B Cases:
• 1. 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 (Anastacio N. Teodoro
III Vs. Atty. Romeo S. Gonzales, . A.C, 6760, an. 30, 2013)
• 2. Motion that Justice Nachura inhibit himself but rest of
division to remain, constitutes forum-shopping (In re Supreme
Court Resolution dated 28 April 2003 in G.R. Nos. 145817 and
145822, A.C. 6332, April 17, 2012)
• 3. Lawyer wrote 6 complaints with same false certifiction
against forum shopping (Eufrocina Crisostomo vs.Atty. Philip
A.Z. Nazareno, A.C. No. 6677, June 10, 2014)

• 4. “ Failure to comply with the foregoing requirements shall
not be curable by mere amendment of the complaint or other
initiatory pleading but shall be cause for the dismissal of the
case without prejudice, unless otherwise provided, upon
motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings
therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal
actions . If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping, the same
shall be ground for summary dismissal with prejudice and
shall constitute direct contempt, as well as a cause for
administrative sanctions.” (par. 2, Sec.5, Rule 7, Rules of Court)
• Forum shopping can be committed in three ways, namely: ( 1)
filing multiple cases based on the same cause of action and
with the same prayer, the previous case not having been
resolved yet (litis pendentia); (2) filing multiple cases based on
the same cause of action and the same prayer, the previous
case having been finally resolved (res judicata); or (3) filing
• multiple cases based on the same cause of action but with
different prayers (splitting of causes of action), where the
ground for dismissal is also either litis pendentia
• or res judicata). (In Re: A.M. No. 04-7-373-RTC (report on the
Judicial Audit Conducted in the Regional Trial Court, Branch
60, Barili, Cebu, A.C. No. 9871. June 29, 2016)

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 client’s 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 he must, during
his testimony, entrust the ttrial of the case to another
counsel. where his testimony is essential
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
attention or hospitality to, nor seek opportunity for cultiating
familiarity with judges.

a. Respondent is duty-bound to actively avoid any act that tends


to influence, or may be seen to influence, the outcome of an
ongoing case, lest the people’s faith in the judicial process is
diluted. (Jimenez vs. Atty. Verano,
A.C. No. 8108 July 15, 2014J

Rule 13.02 – A lawyer shall not make public statements in the


media tending to arouse public opinion for or against a party. )
• 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 unconstitutional (


Bumanlag vs. 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 latter’s 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.
amicus curiae par excellance – the entire bar pro bono
– legal service without expecting payment
• 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
matter would involve a conflict with another client or his own
interest, and if so, shall forthwith 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.
• 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. Mariño, 399
SCRA 108)
• 6. Accepting a case against former client (Anglo vs. Valencia, A.C. No.
10587, Feb. 25, 2015)
• 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 client’s 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.
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) (Nakpil vs. Valdes)
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 as he has secured for his
client as provided for inthe Rules of Court.
a. A Lawyer may not apply client’s 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) But
see Chu vs. Guico, A.C. No. 10573. January 13, 2015, where lawyer was
ordered to restitute money given for an unlawful purpose.)
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 client’s 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) Client’s property involved in a litigation;
(c) Lawyer is handling litigation for the client;
(d) Litigation is still pending;
(e) Lawyer acquires the property directly or indirectly:
(1) includes mortgage or lease to lawyer or partnership or
corporation owned by him.
(2) includes acquisition of a right of redemption of client’s
property;
(3) not violated by contingent fee contract;
(4) void on ground of public policy; fraud is irrelevant.

b, Lawyer borrowing jewelry of client, to be used as a pledge


(Paulina Yu vs. Atty. De la Cruz, AC 10912, Jan. 19, 2016)
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. (Nenita D. Sanchez vs. Atty. Romeo G
Agullos, A.C. No. 10543. March 16, 2016 – mistaking legal separation for
annulment of marriage)
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) (Mattus vs. Talento v.
Villaseca, A.C. No. 7922, October 1, 2013, Hermano vs. Prado, AC 7447, April
18, 2016)
Rule 18.04 – A lawyer shall keep the client informed of the status of his
case and shall respond within reasonable time to his client’s request for
information.
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, Peña 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 client’s 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 claim or demand sued upon,
and the subject matter, is subject the control of the client. A lawyer may
not compromise a judgment already rendered. (Sison vs. Atty. Camacho,
e. Notice to the lawyer is notice to the client. AC 10910, Jan. 10, 2016)
f. Negligence of the lawyer binding on the client. Exception : where the
negligence is gross and client is deprived of due process of law,
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 lawyer’s 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 client’s
obligation to pay attorney’s fees.
f. An agreement for attorney’s fees is always subject to the
control of the courts.

• g. A lawyer may recover attorney’s 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 attorney’s fees hs been set side due to formal defects, (4)
when the lawyer’s 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 preferred 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 - refers to the charge imposed by the lawyer for merely
accepting a case, 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 (Dalupan vs. Gacott, A.C. 5067, June 29,
2015)

But - “Further, restitution of acceptance fees to complainant is proper. ….


There is no reason for respondent to retain the professional fees paid by
complainant for her collection cases when there was no showing that
respondent performed any act in furtherance of these cases.” (Helen
Chang vs. Atty. Jose R. Hidalgo, A.C. No. 6934. April 6, 2016)
.
*
Contingency fee arrangements – contract between lawyer and client
whereby the lawyer agrees to handle the client’s 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 lawyer’s 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
champertous agreement is invalid.
. Attorney’s 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
attorney’s 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 client.
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 lawyer’s services in the case he is handling.
Edmundo Navarez Vs. Atty. Manuel Abrogar III
G.R. No. 191641. September 2, 2015

• The registration of the lien should also be


distinguished from the enforcement of the lien.
Registration merely determines the birth of the lien.
The enforcement of the lien, on the other hand, can
only take place once a final money judgment has
been secured in favor of the client.
• The enforcement of the lien is a claim for attorney]s fees that
may be prosecuted in the very action where the attorney
rendered his services or in a separate action.
• However, a motion for the enforcement of the lien is in the
nature of of an action commenced by a lawyer against his
client for attorney’s fees. As in every action for a sum of
money, the attorney-movant must first pay the prescribed
docket fees before the trial court can acquire jurisdiction to
order the payment of attorney’s fees.
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, Jose Antonui F. Balingity vs. Atty.
Renato M. Cervantes and Atty. Teodoro Delarmente, A.C. No.
11059. November 9, 2016)
Concepts of attorney’s fees. *
1. Ordinary – the fee that the client pays his
counsel for the latter’s services.
2. Extraordinary - attorney’s fees as an item of
damages which the court may order a losing party to
pay to the winning party. As a general rule,
attorney’s 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 attorney’s fees must be pleaded.
Reasons for award must be stated in body of
decision.
*
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 client’s 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 effectively;
(5) When the client deliberately fails to pay the fees for the
services of fails to comply with the retainer agreement;
(6) When the lawyer elected or appointed to public office; and
(7) Other similar cases.
• Offensive attitude of a client not an excuse to just
disappear and and withdraw from a case without
notice to the court and the client. (Chang vs. Atty.
Hidalgo, AC 6934, April 6, 2016)
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 proper
handling of the matter.
LIABILITIES OF LAWYERS

A. Civil Liability
1. May be held liable to client for negligence or failure to
account for client’s funds.
2. May not be held liable to third parties for bringing an
action against them.
3. May not be held liable for libel in pleadings as long as
material and relevant.
4. May not be held liable for mistaken advice to clients as
long as in good faith.
• B. Criminal Liability
• 1. For willfully or negligently causing damage or
injury to the client; for revealing the secrets of the
client; for conflict of interest (Art. 209 RPC)
• 2. For misappropriation of client’s funds
• 3. For subornation of perjury or introduction of
false evidence.
• C. Contempt of Court
• 1. Direct or indirect contempt
• 2. Civil or criminal contempt
D. 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 lawyer’s 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.
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 recommend dismissal of the case
or suspension or disbarment of the respondent to the
Supreme Court.
(i) The Supreme Court renders decision, by division if penalty
is a fine of P10,000 less and/or suspension for one year or
less, and by the court en banc, if penalty is fine of more
than 10,000.00 and/or suspension for more than one
year, or disbarment.
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.
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 respondent’s
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)
g. Failure to comply with the court’s order to return the client’s money
a ground for disbarment (Ediza vs. Atty. Frule, AC 5325, Feb. 9, 2016)
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 lawyer’s 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.
• Florence Macarrubo vs. Atty. Edmundo I. Macarrubo,
• A.C. 6148, January 22, 2013.


E. 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 instance of a
crime involving moral turpitude.
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 person.
• 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 notary’s 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, descendant or
relative by affinity or consanguinity of the principal within
the fourth civil degree
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 notarial certificate
that is incomplete.
* 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,
(3) hospitals and other medical institutions where a
party to an instrument is confined for treatment.,
(4) any place where a party to an instrument is under
detention.
*
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 his
duties, as may be required by the Judge
(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
for revocation of commission or imposition of
administrative sanction.
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 as a requisite
for at least 10 years.(Judiciary Reorg. Act)
• 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
( Regular members for a term of 4 years)
D. Qualities required of judges under the New Code of
Conduct for the Philippine Judiciary:
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 conscientious understanding of the law,
free of any extraneous influence, inducement, pressure, threat
or interference, direct or indirect, from any quarter or for any
reason..
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
RTC judge to cancel notice of lis pendens.
thers.
• 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 reasonable 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
people’s 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 losing 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.
.
* Canon 3 Impartiality is essential to the proper
discharge of the judicial office. It applies 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 – people’s faith in the judiciary
Parayno v. Meneses, 231 SCRA 807 – duty to sit
Datuin, Jr. vs. Soriano, 391 SCRA 2 – Regularity is presumed, Notatu
Dignum..
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 the 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 extra-judicial source
(b) The judge has previously served as a lawyer or was a material
witness in the matter in controversy.
(1) The judge’s objectivity will be impaired.
(2) The judge is not precluded from testifying after inhibiting
(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 judge’s ruling in a lower court is the subject of review.
Sandoval v. CA, 260 SCRA 283 – partial participation
(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 judge’s 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 judge’s 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
• 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 disqualification.
f, Bellosillo Saludo, A.M> 3297, April 6, 1989 – Memberhip in a college
fraternity or civic group not a ground for inhibition.
g. Bautista vs, Causapin, 652 SCRA 442 – drinking spree with litigants
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 activities.
a. His behavior not only on the 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> MTJ-08-98-1168, 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-08-2119, 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.
Acuña, 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.
Macias v. Arula, 115 SCRA 135 – participating in a political rally
In re Judge Acuña, 464 SCRA 250 – use of expletives
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. Escaño, 302 SCRA 411 – posting notices for
family restaurant 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 judicial duties.
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 88-7-861-RTC –
consitutional prohibition against designation of judges to agencies
performing quasi-judicial or administrative functions.
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 government’s 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 duties.
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 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 grounds, except such as are legally relevant to an
issue in proceedings and may be the subject of legitimate
advocacy..
Canon 6. Competence and diligence are
prerequisites to the due performance of judicial
office.
Sec. 1 – The judicial duties of a judge take precedence over
all other activities.
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 court’s operations.
a. Other tasks of judge – record keeping and supervision of personnel.
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 every 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 its 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,
the 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.
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 order.
5. Conviction of a crime involving moral turpitude
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 reports.
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 nor 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)
Requesting or receiving a gift, employment (Sec. 3b, c, d)
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)
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 client’s
cause (Canon 19, CPR)
• Canon 27 –advertising, direct or indirect (Canon 3, CPR)
• Canon 23 – Partnership names (Canon 3, CPR)
• PRACTICAL EXERCISES
QUITCLAIM

• For and in consideration of the sum of____________, paid


to me and receipt of which is hereby acknowledged, I hereby
freely and willingly waive, release and quitclaim any and all
claim against my employer ________________, arising out of
or in connection with my employment with the said employer.
• (Date and Place)
• __________________
• Employee
CONTRACT OF SALE

• KNOW ALL MEN BY THESE PRESENTS:



• That, for and in consideration of the sum of
_________________, receipt of which is hereby
acknowledged, the Seller, _____________, of legal age, single
and a resident of _____________, has sold, transferred and
conveyed, and by these presents does hereby sell, transfer
and convey, that certain parcel of land and improvements
thereon (or personal property) located at
_________________,
• which is more particularly described as n follows:
• (TCT or CR No. and technical description)
to the Buyer, ______________________, Filipino, of legal age,
single and a resident of _____________.
IN WITNESS WHEREOF, the parties hereto have signed these
presents, at ___________ on ______________.
• _____________ _______________
• Seller Buyer
• TIN _____ TIN ________

• WITNESSES:
______________ ________________
• REPUBLIC OF THE PHILIPPINES) S.S.
• CITY OF _________________ )

• In the City of ___________, this ____ day of _______,


20__, personally appeared before me:
• Name Competent Evidence of Identity
• ____________ ___________________________
• ____________- ___________________________
• Known to me to be the same persons who executed the
foregoing instrument, and they acknowledged to me that the
same is their free and voluntary act and deed.
• I further certify that the foregoing instrument is a deed of sale
of a _________
• and consists of _____ pages, snf signed on each page by the
said parties and their instrumental witnesses.
• WITNESS MY HAND AND SEAL.
• NOTARY PUBLIC
• Doc, No. ____
• Page No, ____
• Book No. ____
• Series of 2017
CONTRACT OF LEASE

• KNOW ALL MEN BY THESE PRESENTS:


• This contract, executed by and between:

• _________________, of legal age, single, a resident
• of ___________, and hereafter called the LESSOR,

• - and –
• ______________________, of legal age, single,
• a resident of ____________, and hereafter
• called the LESSEE,
• WITNESSETH:

• THAT, for and in consideration of the rents to be paid by the


LESSEE, the LESSOR has agreed to lease to the LESSEE that
(description of property) located at ___________, subject to
the following terms and conditions:
• 1. Period of the lease – from ______ to ______;
• 2. Amount of the rent –
• 2.1 – Advance rentals
• 2.2 – Security deposit
• 3. Sublease –
• 4. Liability for repairs -
• 5. Pretermination
• 6. Taxes
• 7. Insurance
• IN WITNESS WHEREOF, the parties hereto have signed these
• Presents, at ________________, on ____________, 2017.

• LESSOR LESSEE

• WITNESSES:

• (ACKNOWLEDGMENT)
PROMISSORY NOTE

• For value received, I hereby promise to pay to


• Juan de la Cruz or order the amount of One Million
Pesos Only (P1,000,000.00) on or before December
• 31, 2017.

• PEDRO PENDUCO
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

• I, Ferdinanad Magellan, after being duly sworn in accordance with law,


certify:
• 1. That I am the plaintiff in the above-entitled case; that I have caused the
foregoing Complaint to be prepare; that I have read the same, and the
allegations of fact therein are true of my personal knowledge ;

• 2. That I have not filed any other case involving the same parties and the
same issues before any other court or administrative body; that I have no
knowledge of any other case involving the same parties or issues pending
in any other court or administrative body; and that should I hereafter
acquire knowledge of such pending case, I will report the same to this
court within five (5) days therefrom.
Notice of Hearing

• Atty. ___________
• Counsel for the Defendan
• (address)

• S i r:
• Please take note that on ___________, at 8:30 a.m or as
soon thereafter as the matter may be heard, the undersigned
counsel will submit the foregoing motion to the Honorable
Court for its consideration and resolution.
• (Date)
• (Signature)
Explanation

• Due to the distance involved and


insufficiency of messengerial service, the
foregoing pleading was served on adverse
counsel by registered mail.

• (Signature of lawyer)
Affidavit of Loss

• I, Juan de l Cruz, 65 years of age and a resident of 24 Rizal Street,


Carmona, Cavite, after having been sworn in accordance with law, hereby
depose and state:
• 1. That, when I reached 60 years of age, I was issued a Senior Citizen’s
card by the Municipal Government of Carmona, Cavite, which I kept in my
wallet;
• 2. That on or about April 1, 2016, while watching a cockfight in
Carmona, my wallet dropped out of my pant’s pocket, and when I
recovered it, my Senior Citizen’s card was no longer there;
• 3. That despite diligent search, I could no longer locate my missing
card.


• 4. That I am making this affidavit to report the loss of my said Senior
Citizen’s card, and to be able to obtain a new one.
• FURTHER AFFIANT SAYETH NAUGHT.
• Manila, May 1, 2017.
• JOSE RIZAL
• Affiant
• SUBSCRIBED & SWORN to before me this 1st day of May 2017, the
affiant exhiting to me his Philippine Passport No. 234567, issued in Manila
on January 10, 2016, and valid until January 9, 2021.
• WITNESS MY HAND & SEAL.
• NOTARY PUBLIC
• Doc. No.____
• Page No. ____
• Book No. ____
• Series of 2016
Affidavit of Change of Name

• I, Maria Carmen Salvador, of legal age, single, and a resident of Ligao,


Albay, after having been sworn in accordance with law, hereby depose
and state:
• 1. That, when I was born, I was given the name of Carmen Salvador,
and that is the name that appears in my birth certificate.
• 2. That, when I was 5 years old, my parents enrolled me in a Catholic
girls’ school where every student used the name “Maria” before her given
name,
• 3. That, since that time until the present, I have used the name “Maria
Carmen”, and that is the name that appears in my school, work and SSS
records.
• 4. That, even in my passport, my name appears as Maria Carmen
Salvador.
• .5. That, in order to avoid further confusion, I want to change my name
from Carmen Salvador to Maria Carmen Salvador.
• FURTHER, AFFIANT SAYETH NAUGHT.
• Manila, April 20, 2017.

• MARIA CARMEN SALVADOR


• Affiant

• (Jurat)