Last Minute Lecture in Legal and Judicial Ethics With Practical Exercises 1

Scope of Legal Ethics
Questions
1. Qualifications for New
Lawyers(includes those who
Last Minute reacquire citizenship}
1
2. Code of Professional
Lecture in Responsibility(includes
Legal and duties

2 under the
Lawyer’s Oath)
Judicial 3. Disqualifications and

Inhibitions for judges
Ethics 4. Contempt and
Indirect Contempt
Do not forget to bring your
gadget.
Law
Logic
Language
i. General Qualifications
Section 2, Rule 138
Requirements for all applicants for admission to
the bar. - Every applicant for admission as a member
of the bar must be
1. a citizen of the Philippines;
2. at least twenty-one years of age;
3. of good moral character; and
4. resident of the Philippines; and
5. must produce before the Supreme Court
satisfactory evidence of good moral character, and
that no charges against him, involving moral turpitude,
have been filed or are pending in any court in the
Philippines.
i. Qualifications – Academic Credentials
Bar Matter No. 1153 Amending Sections 5 and 6 of
Rule 138: Qualifications for Admission to Bar -
SEC. 5.Additional Requirement for Other Applicants.
Those who have successfully completed all the
prescribed courses for the degree of Bachelor of Laws or
its equivalent degree in a law school or university
officially recognized
1. by the Philippine Government; or
2. by the proper authority in the foreign jurisdiction where

the degree has been granted.
i. Qualifications – Filipino
Graduates from Foreign Schools
A Filipino citizen who graduated from a foreign law
school shall be admitted to the bar examination only
upon submission to the Supreme Court of certifications
showing:
(a) completion of all courses leading to the degree of

Bachelor of Laws or its equivalent degree;
(b) recognition or accreditation of the law school by the proper

authority; and
(c) completion of all the 4th year subjects in the Bachelor of

Laws academic program in a law school duly recognized by
the Philippine Government.
i. Qualifications under R.A. 9225
Republic Act No. 9225 otherwise known as the Citizenship Retention
and Reacquisition Act of 2003 declares that natural-born citizens of the
Philippines who become citizens of another country shall be deemed not
to have lost their Philippine citizenship.
Only natural-born citizens of the Philippines who have lost their

Philippine citizenship by reason of their naturalization as citizens of a
foreign country may retain/reacquire their Philippine citizenship under
this Act.
RA 9225 does not apply to dual citizens, i.e., those who have both
Philippine as well as foreign citizenship not acquired through
naturalization.
The provisions of R.A. No. 9225 may be used by an applicant seeking

admission to the practice of law.
A former natural-born citizen, who was born abroad, shall present a copy of
the Report of Birth issued by the Philippine Embassy or Consulate and, in
applicable cases, the original copy of the Birth Certificate by competent foreign
authorities.
Procedure -
1) Applicant shall present a copy of his/her Birth Certificate issued or duly-
authenticated by the Philippine Statistics Authority.
2) Applicant shall accomplish “Petition for Dual Citizenship and Issuance

of Identification Certificate (IC) pursuant to RA 9225” and shall attach three (3)
2”x2” photographs showing the front, left side and right side views of the
applicant.
3) Applicant shall submit duly-accomplished petition to the Philippine

Consulate / Embassy together with the photos, birth certificate and
a valid ID.
4) Applicant shall pay a processing fee of US$ 50.00
and is assigned a schedule for his/her oath of allegiance
before a consular officer.
Once approved, the applicant shall take his/her oath of
allegiance to the Philippine flag.
5) Applicant shall be given the original copy of his

notarized oath of allegiance together with an Order of
Approval issued by the Philippine Consulate General.
6) The Philippine Consulate General forwards to the

Bureau of Immigration in Manila the petition, oath, order
of approval, and other supporting documents for
issuance of an Identification Certificate.
i. Qualifications for Admission
Q. Mr. Roberto Lo was born in Australia of Filipino
parents. After he completed his college degree in
Business Administration in Sydney, Australia, he
enrolled in one of the universities in Metro Manila to
obtain his law degree. He successfully graduated with a
Doctor in Jurisprudence degree and is now processing
his documents to be able to take his bar examinations.
Can he qualify to take the bar examinations? Justify
your answer.

A. Yes, Mr. Roberto law can qualify to take the bar
examinations. Under the 1987 Constitution, Roberto Lo is
considered a natural-born Filipino since both his parents
remain Filipino citizens at the time of his birth. He also
completed his law degree from a local school in Metro
Manila.

Q. Can a Filipino citizen be allowed to take the bar when

he obtained his law degree from Columbia University in
New York?
A. Every person intending to be admitted to the practice of law in the
Philippines must meet all the qualifications under Sections 5 and 6 of
Rule 138, as amended. (In Re: Application of Adriano M.
Hernandez, July 27, 1993)
Section 5 of the Rule 138 now provides that before being admitted to
the examination, all applicants for admission to the bar shall
satisfactorily show that they have successfully completed all the
prescribed courses for the degree of Bachelor of Laws or its equivalent
degree in a law school or university officially recognized by the proper
authority in the foreign jurisdiction where the degree has been granted.
There must likewise a proof of completion of all the 4th year subjects in
the Bachelor of Laws academic program in a law school duly
recognized by the Philippine Government.

Q. Christian San Juan passed the bar with a passing grade

of 80.50%. He was not allowed to take his oath because
Cristina Garcia, his childhood sweetheart with whom he
has a child without benefit of marriage, filed a timely
motion to exclude him from the oath taking ceremonies.
Was Cristina justified in preventing San Juan from taking
his Attorney’s Oath? Why?
A. Yes, Cristina was justified in enjoining San Juan to take his

Oath as a lawyer because he does not possess good moral
character which is a requirement for admission to the bar. The
possession of good moral character is a continuing requirement
for membership in the legal profession.
i. Qualifications for Resumption of Practice
Q. Can a former Filipino resume his practice of law in the

Philippines?
A. Yes, a former Filipino can still resume his practice of law
in the Philippines.
In RE: PETITION TO RE-ACQUIRE THE PRIVILEGE TO
PRACTICE LAW IN THE PHILIPPINES (EPIFANIO B.
MUNESES), 677 SCRA 364 (2012), the S.C. said that a
Filipino lawyer who has been naturalized in another country
does not automatically enjoy the right to resume his practice
of law when returns to the Philippines. It held that under the
Rules of Admission to the Philippine bar, one must be a
Filipino citizen.
Thus, when he assumed another citizenship, he ipso facto
lost his Filipino citizenship. The returning Filipino lawyer
must repatriate himself under the provisions of R.A.
9225. Said law says that “all Philippine citizens who become
citizens of another country shall be deemed not to have
lost their Philippine citizenship under the conditions of
(R.A. 9225).”
R.A. 9225 provides that if a person intends to practice the
legal profession in the Philippines and he reacquires his
Filipino citizenship pursuant to its provisions’ (he shall
apply with the proper authority for a license or permit to
engage in such practice.”

Petition for Leave to Resume Practice of Law of
Benjamin M. Dacanay, 540 SCRA 424: To reacquire, the
authority to resume his practice of law, the repatriated
Filipino must:
1. Update and pay in full his annual membership dues in the
IBP;
2. Pay his professional tax;
3. Complete his 36 credit hours of MCLE to refresh him of
his knowledge of Philippine laws, rules of practice, recent
jurisprudence and update him of recent legal developments

(MCLE will be from the time he was absent in the Philippines
up to the time he resumes his practice);and
4. Retake his oath which will not only remind him of his
duties and responsibilities as a lawyer and as an officer of
the Court, but also to renew his pledge to maintain
allegiance to the Republic of the Philippines.
“I, ________________ do solemnly swear that I will
maintain allegiance to the Republic of the Philippines;
I will support its Constitution and obey the laws as well
as the legal orders of the duly constituted authorities
Code of Professional therein;
I will do no falsehood, nor consent to the doing of any
Responsibility in court;
I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, neither give aid nor
Duty to Society – Canons 1 to 6 consent to the same;
Duty to the Legal Profession – I will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of my
Canons 7 to 9 knowledge and discretion, with all good fidelity as well
Duty to the Courts – Canons 10 - to the courts as to my clients; and
13 I impose upon myself this voluntary obligation without
any mental reservation or purpose of evasion. So help
Duty to Clients – Canons 14-22
me God.” (Rules of Court, Form 28)

ii. Code of Professional Responsibility
The Lawyer and Society
Canon 1 – A lawyer shall uphold the Constitution, obey

the laws of the land and promote respect for law and
legal processes.
Canon 2 – A lawyer shall make his legal services

available in an efficient and convenient manner
compatible with the independence, integrity and
effectiveness of the profession.
Canon 6 – These Canons shall apply to lawyers in

government service in the discharge of their tasks.
Q. The Office of the Ombudsman suspended Ceniza for

six months for disgraceful and immoral conduct for
cohabiting with a woman other than his wife while
serving legal officer of Mandaue City. Can a separate
disbarment case be filed against Ceniza?
A. Yes, a separate disbarment case may be filed against

him. Canon 6 of the CPR applies to government lawyers. A
disbarment case is sui generis and may be pursued
independently from any other action. Based on the facts,
Ceniza is guilty gross immoral conduct as a member of
society. He should be disbarred. (Amalia Ceniza v. Atty.
Eliseo B.Ceniza, A.C. No. 8335, April 10, 2019, Per
Curiam)
The Lawyer and 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.
Canon 9- A LAWYER SHALL NOT, DIRECTLY OR

INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE
OF LAW.
Sharing of Professional Fees is allowed -

(a) Where there is a pre-existing agreement with a partner or
associate that, upon the latter's death, money shall be paid over a
reasonable period of time to his estate or to persons specified in
the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal
business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a
retirement plan even if the plan is based in whole or in part, on a
profit sharing agreement.
Q. Atty. Bancolo allowed his secretary to sign the

Complaint he filed for a client before the Office of the
Ombudsman. Can a lawyer delegate to his secretary to
sign a pleading on his behalf?
A. No, Atty. Bancolo cannot delegate to his secretary to a

pleading.
The Court said that the lawyer’s duty to prevent, or at the
very least not to assist in, the unauthorized practice of law
is founded on public interest and policy. The permissive
right conferred on the lawyer is an individual and limited
privilege subject to withdrawal if he fails to maintain proper
standards of moral and professional conduct. (Rodrigo
Tapay v. Attys. Charlie Bancolo and Janus Jarder, A.C.
No. 9604, March 20, 2013, Carpio, J.)

Q. Atty. Rivera prepared a petition for annulment of
marriage of his client, Madria. He also simulated the
decision and certificate of finality. Madria filed a
disbarment case against him. In his defense, he said he
did so only upon the complainant's persistent
prodding. Should Atty. Rivera be exonerated for his
acts?
A. No, Atty. Rivera should not be exonerated. Simulating or

participating in the simulation of a court decision and a
certificate of finality of the same decision is an outright
criminal falsification or forgery. Thus, his acts were legally
intolerable. Specifically, his deliberate falsification of the
court decision and the certificate of finality of the decision
reflected a high degree of moral turpitude on his part and
made a mockery of the administration of justice in this
country. He thereby became unworthy of continuing as a
member of the Bar. He failed to uphold the integrity and
dignity of the legal profession. His acts diminished public
confidence in the administration of justice. (Madria v. Atty.
Carlos P. Rivera, A.C. No. 11256, March 7, 2017)
Q. On 23 September 2013, the Court suspended Villarente

for one year for cohabiting with his mistress and siring a
child with her. Despite a stern warning from the Court,
Villarente continued to live with the mistress and another
child was born out of this relationship.
On February 25, 2015, Catherine informed the Court of the
continued infidelity of her spouse. Will the second
disbarment case against Villarente prosper?
A. Yes, the second disbarment case against Villarente will

prosper. In the first disbarment case, he was already given a
stern warning by the Supreme Court. With this instant
complaint, Villarente exhibited his gross immoral conduct.
He should be disbarred for maintaining an adulterous
relationship as this scandalized the public. (Catherine V.
Villarente v. Atty. Benigno C. Villarente, Jr., A.C. No. 8866.
September 15, 2020, Per Curiam)
The Lawyer and the Courts
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND

GOOD FAITH TO THE COURT.
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.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT
AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY
AND EFFICIENT ADMINISTRATION OF JUSTICE.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS

OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY
WHICH TENDS TO INFLUENCE OR GIVES THE
APPERANCE OF INFLUENCING THE COURT.
Q. Atty. Ramon represented to De Jesus and Aquino that
she could secure the acquittal of Fajardo and even used
the names of three Associate Justices to accomplish her
ill motives. She drafting a fake, spurious, and sham
decision regarding the purported acquittal of Fajardo. She
placed the names of three Associate Justices s in the
fake decision even though the criminal case of Fajardo
was raffled in a different division and assigned to a
different Associate Justice as ponente. What liability, if
any, did Atty. Ramos incur?
A. Atty. Ramos failed to comply with her duties to the courts

when she drafted a fake, spurious and sham decision, By her
acts, she eroded public confidence in the judiciary. She is not
fit to remain a member of the bar. (Justices Fernanda
Lampas- Peralta, Stephen Cruz and Ramon Paul
Hernando v. Atty. Marie Frances Ramon, A.C. No. 12415,
March 05, 2019)
Q. Atty. Cruz requested Mrs. Agaton, her client, to procure

a P2M Manager’s check as consignation in the pending
case for the titling of the family’s ancestral home. Agaton
discovered that the consignation case was already
dismissed and that Atty. Cruz instead applied the
proceeds of the P2M check to settle another civil case for
another client. What duties, if any, did Atty. Cruz violate?
A. Atty. Cruz clearly violated her Lawyer’s Oath and the

Canons of Professional Responsibility through her dishonest,
deceitful and fraudulent conduct.” She defrauded the
complainant by misappropriating her manager’s check as
settlement for the obligation of a client in another civil case.
She likewise deceived the RTC into believing that the
complainant’s manager’s check was issued for a civil case, to
which she was not a party but another client she represented.
She should be disbarred and be ordered to return to Mrs.
Agaton the amount of P2 million plus 6% interest per annum
(Gracita P. Domingo-Agaton v. Atty. Nini D. Cruz, A.C. No.
11023. May 4, 2021 [Date Uploaded: 8/05/2021] )
The Lawyer and The Client
CANON 14 - A LAWYER SHALL NOT REFUSE HIS

SERVICES TO THE NEEDY.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR,

FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL

MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS PROFESSION.
The Lawyer and The Client
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND

REASONABLE FEES.
CANON 21 - A LAWYER SHALL PRESERVE THE

CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.
Counsel de oficio
Q. Atty. Ramos attended a hearing and was appointed by the
trial court as counsel de oficio to represent an accused in
case for transportation of prohibited substance under the
Comprehensive Drugs Act. May Atty. Ramos refuse the
appointment?
Counsel de oficio
A. Yes, Atty. Ramos may refuse the appointment as counsel de
oficio. He may invoke any of the following grounds: where
engagement may result into conflict of interest, when lawyer is
unable to represent a party due to pressing professional matters
that need his attention, when what the client wishes the client to
undertake is patently illegal, when the client agrees in writing to
retire his representation or where after due notice and hearing,
the court allows the counsel to withdraw his appearance in an
action or special proceeding, other similar grounds.
Conflict of Interest
Q. Palalan Carp Farmers Multi-Purpose Coop retained the
services of Atty. Dela Rosa. Unknown to the members of the
cooperative, Atty. Dela Rosa sold the land which they own. After
the sale, they received their respective share in the proceeds of
the sale but he never disclosed the buyer of the subject land nor
did he inform them of the consideration in the Deed of Absolute
Sale. Palalan Carp Farmers Multi-Purpose Coop instituted a
disbarment against Atty. Dela Rosa. Will the case prosper?
Conflict of Interest
A. Yes, the case will prosper. Based on the facts, Atty. Dela Rosa
had proven himself disloyal to his client ─ exploitative,
untrustworthy, and a double-dealer. The client did not know who the
buyer was when the land had been sold. He acted to protect the
buyer’s interest, and in all likelihood, his as well. The client did not
know and still does not know how much was actually paid for the
land. Money flowed from an account set up by Atty. Dela Rosa
himself and although under the Cooperative’s name, Atty. Dela Rosa
alone had access to it. Atty. Dela Rosa should be disbarred.
(Palalan Carp Farmers Multi-Purpose Coop, represented by
Beverly Domo v. Atty. Elmer A. Dela Rosa, A.C. No. 12008.
August 14, 2019)
Fiduciary Duty
Q. From 2009 to 2012, Atty. Rivera accepted from his employer the
total amount of P14,35 8,477.15. As counsel of the company, he was
allowed to draw out cash advances to attend to the civil cases of the
company. Atty. Rivera filled out cash advance slips and stated that
the amounts he requested were for filing fees and/or expenses
related to the filing of collection cases for the complainant. To make
the transaction appear credible, Atty. Rivera attached a copy of the
first page of the complaints he was supposed to have filed. After due
investigation, the employer found out that Atty. Rivera defrauded it
through the years. What liability did Atty. Rivera incur?
Fiduciary Duty
A. Atty. Rivera violated his fiduciary duty under Canon 16 of the CPR.
The Court has always stressed that, "the relationship between a lawyer
and his client is highly fiduciary and ascribes to a lawyer a great degree of
fidelity and good faith.” (Professional Services, Inc. v. Atty. Socrates R.
Rivera, A.C. No. 11241. November 3, 2020, Per Curiam)
Professional Fees
Q. Laki asked for P160,000.00, representing a package deal
for his professional fee, docket fee and expenses for the
preparation and filing of the petition, subject to an advance
payment of P50,000.00. He assured Mariano that he could
secure a favorable decision even without Mariano's personal
appearance since he will file the petition for annulment
before the Regional Trial Court (RTC) of Tarlac which is
presided by a "friendly judge" and is known to be receptive
to annulment cases. For almost a year, Laki never informed
Mariano of the status of the case. Later, Mariano found out
that he never filed the annulment case for which he engaged
the services of Laki despite receipt of his professional fees.
Did Laki violate any duty as a lawyer?
Professional Fees
A. Yes, Atty. Laki violated his Oath as a lawyer and his duty as an
officer of the court and his duty to his client under CPR. First, Atty. Laki
received money from his client for the purpose of filing a petition but he
failed to do so; second, after his failure to render legal service despite
the receipt of acceptance fee, he also unjustifiably refused to return the
money he received; and lastly, Atty. Laki maligned the Judiciary by
giving the impression that court cases are won, not on the merits, but
through close ties with the judges.
From these actuations, it is undisputed that Atty. Laki wronged his client
and the Judiciary as an institution. He disregarded his duties as a
lawyer and betrayed the trust of his client and the courts. Atty. Laki
deserves the ultimate administrative penalty of disbarment. (Kenneth
Mariano v. Atty. Jose N. Laki, A.C. No. 11978 [Formerly CBD Case
No. 10-2769], September 25, 2018)
Preservation of Confidences of Client

Q. Atty. Regala and the other lawyers of their office were
directed to disclose to the Sandiganbayan the identity of
their clients in the documents presented by the
prosecutionfor the recovery of alleged ill-gotten wealth,
which includes shares of stocks under the name of
undisclosed principals. Can Atty. Regala be compelled to
reveal the identity of the true owners of the shares of
stocks under litigation?
A. No, Atty. Regala cannot be compelled to reveal the identity of
his clients. The lawyer owes "entire devotion to the interest of
the client, warm zeal in the maintenance and defense of his
rights and the exertion of his utmost learning and ability.” If a
client were made to choose between legal representation
without effective communication and disclosure and legal
representation with all his secrets revealed then he might be
compelled, in some instances, to either opt to stay away from
the judicial system or... to lose the right to counsel. If the price
of disclosure is too high, or if it amounts to self incrimination
Encouraging full disclosure to a lawyer by one seeking legal
services opens the door to a whole spectrum of legal options
which would otherwise be circumscribed by limited information
engendered by a fear of disclosure. An effective lawyer-client
relationship is largely dependent upon the degree of confidence
which exists between lawyer and client which in turn requires a
situation which encourages a dynamic and fruitful exchange and
flow of information. It necessarily follows that in order to attain
effective representation, the lawyer must invoke the privilege not
as a matter of option but as a matter of duty and professional
responsibility. (Teodoro R. Regala v. Sandiganbayan,
G.R. No. 105938, 1996-09-20)
iii. Disqualifications and Inhibitions for Judges
CANON 3: IMPARTIALITY
Canon 3: Impartiality
Impartiality is essential to the proper discharge of the judicial office. It

applies not only to the decision itself but also to the process by which the
decision is made.
CANON 3: IMPARTIALITY
SECTION 5. Judges shall disqualify themselves from participating in any
proceedings in which they are unable to decide the matter impartially or in
which it may appear to a reasonable observer that they are unable to decide
the matter impartially. Such proceedings include, but are not limited to,
instances where –
(a) The judge has actual bias or prejudice concerning a party or personal
knowledge of disputed evidentiary facts concerning the proceedings;
(b) The judge previously served as a lawyer or was a material witness in

the matter in controversy;
(c) The judge, or a member of his or her family, has an economic interest
in the outcome of the matter in controversy;
(d)The judge served as executor, administrator, guardian, trustee or
lawyer in the case or matter in controversy, or a former associate of the
judge served as counsel during their association, or the judge or lawyer
was a material witness therein;
(e)The judge’s ruling in a lower court is the subject of review;
(f) The judge is related by consanguinity or affinity to a party litigant

within the sixth civil degree or to counsel within the fourth civil
degree; or
(g)The judge knows that his or her spouse or child has a financial
interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject
matter in controversy or in a party to the proceeding, or any other
interest that could be substantially affected by the outcome of the
proceedings.
RULE 137, Rules of Court:
Disqualification of Judicial Officers
Rule 137, of the Revised Rules of Court provides:

“SECTION 1. Disqualification of judges. — No judge or judicial officer
shall sit in any case - in which he, or his wife or child, is pecuniarily
interested as heir, legatee, creditor or otherwise, or in which he is
related to either party within the sixth degree of consanguinity or affinity
or to counsel within the fourth degree computed according to the rules
of the civil law, or in which he has been executor, administrator,
guardian, trustee or counsel, or in which he has presided in any inferior
court when the ruling or decision is the subject of review, without the
written consent of all parties in interest, signed by them and entered
upon the record.”
The first paragraph of Rule 137 provides for mandatory disqualification.
The second paragraph of Rule 137 provides for voluntary
disqualification:
“A judge may, in the exercise of his sound discretion, disqualify himself
from sitting in a case, for just or valid reasons other than those
mentioned above.”
The rules contemplate two kinds of inhibition: compulsory and

voluntary.
In the first paragraph, compulsory disqualification conclusively

presumes that a judge cannot actively or impartially sit on a case.
In the case of the second paragraph, which embodies voluntary
inhibition, the Rules leave to it the judge's discretion whether he should
desist from sitting in a case for other just and valid reasons with only his
conscience to guide him.
1.People and Congresswoman Vida Espinosa v. Governor
Antonio Kho and Arnel Quidato, G.R. No. 139381, April 20,
2001: Divergence of opinion as to applicable laws and
jurisprudence between counsel and the judge is not a proper
ground for disqualification. Opinions framed in the course of
judicial proceedings, although erroneous, as long as they are
based on the evidence presented and conduct observed by the
judge, do not prove bias or prejudice.
2. Pimentel v. Hon. Salanga, 21 SCRA 160 (1967): A judge

may not be legally prohibited from sitting in litigation without any
valid ground. But when suggestion is made of record that he
might be induced to act in favor of one party or with bias or
prejudice against a litigant arising out of circumstances
reasonably capable of inciting such a state of mind, he should
conduct a careful self-examination. A judge who serves the
cause of law must forestall the miscarriage of justice.
Prejudice is not to be presumed. Especially if weighed against a
judges legal obligation under his oath to administer justice
without respect person and do equal right to the poor and the
rich. To disqualify or not to disqualify himself then, as far as
respondent judge is concerned, is a matter of conscience."
3. People v. Court of Appeals and Pacificador, 309 SCRA 705

(1999): Bare allegations of bias are not enough to disqualify a judge
in the absence of clear and convincing evidence to overcome the
presumption that the judge will undertake his noble role to dispense
justice according to law and evidence and without fear or favor.
4. Gochan et al. v. Gochan et al., G. R. No. 143089 - February 27,

2003: Allegations and perceptions of bias from the mere tenor and
language of a judge are insufficient to show prejudgment. Allowing
inhibition for these reasons would open the floodgates to abuse.

5. People v. C.A. 309 SCRA 705, July 2, 1999: Unless there is
concrete proof that a judge has a personal interest in the
proceedings, and that his bias stems from an extra-judicial source,
this Court shall always commence from the presumption that a
magistrate shall decide on the merits of a case with an unclouded
vision of its facts.
6. Calayag et al. v. Sulpicio Lines, Inc., G.R. No. 221864,

September 14, 2016: As with many rules, however, there are
exceptions on voluntary inhibition; such as -whenever it is shown
that the consistency and regularity with which a judge issued the
assailed directives give rise, not to a fanciful suggestion or to a
superficial impression of partiality, but to a clear and convincing
proof of bias and prejudice, a judge may be directed to 'inhibit’
himself from presiding over the case.
New Code of Judicial Conduct – Canon 3
REMITTAL OF DISQUALIFICATION
SECTION 6. A judge disqualified as stated above may, instead

of withdrawing from the proceeding, disclose on the records the
basis of disqualification. If, based on such disclosure, the
parties and lawyers independently of the judge’s participation, all
agree in writing that the reason for the inhibition is immaterial or
unsubstantial, the judge may then participate in the proceeding.
The agreement, signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.
iv. Direct and Indirect Contempt
Sanctions for practice or appearance without authority
a. Lawyers without authority -

Contempt of Court under Rule 71
b. Persons not lawyers -

Indirect contempt for unauthorized practice of law
iv. Direct and Indirect Contempt
Acts Constituting Contempt:

Misbehavior
Disobedience
Publication concerning pending litigation

Publication tending to degrade the court; disrespectful language
in pleadings
Misleading the court or obstructing justice

Unauthorized practice of law
Belligerent attitude
Unlawful retention of client’s funds
Practical Exercises
i. Parts of Conveyancing
A contract of conveyancing is premised that there was an offer and that this was
accepted. Thus, there is a meeting of the minds. A significant part of a contract is
the consideration. Then one must consider the capacity of the parties to execute the
contract. Finally, the contract must conform with the form and law which governs the
subject matter.
Parts of Conveyancing
Document Title – Deed of Absolute Sale/ Contract of Lease/Memorandum
of Agreement
Preamble. The preamble is used to easily show important details of the

document. These include the name of the agreement, the date of execution, and
the involved parties.
Parties. The persons, whether natural or juridical persons, executing the

contract.
Recitals. An optional form, called recitals, may be included to include

background information to the agreement. Recitals can be a valuable resource
for contract interpretation. They provide terms that show intent on the part of the
parties.
Agreement. The agreement legally called the consideration is a general

statement of what is expected from the parties to fulfill the contract.
Practical Exercises
i. Parts of Affidavits
An affidavit is a sworn statement that is documented in writing. It may be used for any legal
purpose which may include its presentation in court proceedings, whether in civil or
criminal cases. As a general rule, only a duly commissioned lawyer may notarize an
affidavit. However, in case of a complaint-affidavit, the same must be personally subscribed
before a public prosecutor.
Parts of Affidavits

The basic form for an affidavit has four parts:

A statement that the affiant is swearing under oath
to the truthfulness of the information contained in
the affidavit.
The information that is being sworn to;
The signature of the affiant;
The attestation of a notary public or other official

authorized to administer oaths.
Parts of a Pleading (Rule 7, Civil Procedure)
Parts of a Pleading
Section 1. Caption. —The caption sets forth –
- the name of the court
- the title of the action, and
- the docket number if assigned.
The title of the action indicates the names of the parties. They
shall all be named in the original complaint or petition; but in
subsequent pleadings, it shall be sufficient if the name of the
first party on each side be stated with an appropriate
indication when there are other parties.
Their respective participation in the case shall be indicated. (1)
Parts of a Pleading
Section 2. The body. —The body of the pleading sets forth –
- its designation,
- the allegations of the party’s claims or defenses,
- the relief prayed for, and
- the date of the pleading.
(a) Paragraphs. - The allegations in the body of a pleading shall

be divided into paragraphs so numbered as to be readily
identified, each of which shall contain a statement of a single
set of circumstances so far as that can be done with
convenience. A paragraph may be referred to by its number in all
succeeding pleadings.
Parts of a Pleading
(b) Headings. - When two or more causes of action are joined, the
statement of the first shall be prefaced by the words first cause of action,
the second cause of action, and so on for the others.
When one or more paragraphs in the answer are addressed to one of

several causes of action in the complaint, they shall be prefaced by the
words answer to the first cause of action or answer to the second
cause of action and so on; and when one or more paragraphs of the
answer are addressed to several causes of action, they shall be prefaced
by words to that effect.
(c) Relief - The pleading shall specify the relief sought, but it may add a
general prayer for such further or other relief as may be deemed just
or equitable.
(d) Date. - Every pleading shall be dated. (4)

Section 3. Signature and address. — Party or counsel representing
him or her.
(b) The signature of counsel constitutes a certificate by him or her that

he or she has read the pleading and document; that to the best of his or
her knowledge, information, and belief, formed after an inquiry reasonable
under the circumstances;
(1) It is not being presented for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation;
(2) The claims, defenses, and other legal contentions are warranted by

existing law or jurisprudence, or by a non-frivolous argument for
extending, modifying, or reversing existing jurisprudence;
(3) The factual contentions have evidentiary support or, if

specifically so identified, will likely have evidentiary support after
availment of the modes of discovery under these [R]ules; and
(4) The denials of factual contentions are warranted on the evidence

or, if specifically so identified, are reasonably based on belief or a
lack of information.
Parts of a Pleading
c) If the court determines, on motion or motu proprio and after notice
and hearing, that this [R]ule has been violated, it may impose an
appropriate sanction or refer such violation to the proper office for
disciplinary action, on any attorney, law firm, or party that violated the
rule, or is responsible for the violation. Absent exceptional
circumstances, a law firm shall be held jointly and severally liable for
a violation committed by its partner, associate, or employee. The
sanction may include, but shall not be limited to, non-monetary
directive or sanction; an order to pay a penalty in court; or, if imposed
on motion and warranted for effective deterrence, an order directing
payment to the movant of part or all of the reasonable attorney s fees
and other expenses directly resulting from the violation, including
attorney s fees for the filing of the motion for sanction. The lawyer or
law firm cannot pass on the monetary penalty to the client. (3a)
Parts of a Pleading
Section 4. Verification. — Except when otherwise specifically
required by law or rule, pleadings need not be under oath or
verified.
A pleading is verified by an affidavit of an affiant duly
authorized to sign said verification. The authorization of the
affiant to act on behalf of a party, whether in the form of a
secretary s certificate or a special power of attorney, should be
attached to the pleading, and shall allege the following
attestations:
(a) The allegations in the pleading are true and correct based on

his or her personal knowledge, or based on authentic
documents;
Parts of a Pleading
(b) The pleading is not filed to harass, cause unnecessary delay,
or needlessly increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if

specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.
The signature of the affiant shall further serve as a certification

of the truthfulness of the allegations in the pleading.
A pleading required to be verified that contains a

verification based on information and belief, or upon
knowledge, information and belief, or lacks a proper
verification, shall be treated as an unsigned pleading. (4a)
Parts of a Pleading
Section 5. Certification against forum shopping. — The

plaintiff or principal party shall certify under oath in the complaint
or other initiatory pleading asserting a claim for relief, or in a
sworn certification annexed thereto and simultaneously filed
therewith:
(a) that he has not theretofore commenced any action or filed

any claim involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of his knowledge, no
such other action or claim is pending therein;
Parts of a Pleading
(b) if there is such other pending action or claim, a complete

statement of the present status thereof; and
(c) if he should thereafter learn that the same or similar action

or claim has been filed or is pending, he shall report that fact
within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
Parts of Motions (Rule 15, Civil Procedure)
Section 1. A motion is an application for relief other than by a
pleading. (1)
Section 2. Motions must be in writing. - All motions shall be in

writing except those made in open court or in the course of a
hearing or trial.
A motion made in open court or in the course of a hearing or trial
should immediately be resolved in open court after the adverse
party is given the opportunity to argue his or her opposition
thereto.
When a motion is based on facts not appearing on record, the
court may hear the matter on affidavits or depositions presented
by the respective parties, but the court may direct that the matter
be heard wholly or partly on oral testimony or depositions. (2a)
Section 3. Contents. - A motion shall state the relief sought to
be obtained and the grounds upon which it is based, and if
required by these Rules or necessary to prove facts alleged
therein, shall be accompanied by supporting affidavits and other
papers. (3)
[Section 4. Hearing of motion. - Deleted]

Section 4. Non-litigious motions – No hearing is necessary for

the following:
a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to
execute the final certificate of sale; and
h) Other similar motions.
Section 5. Litigious motions -
a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to
execute the final certificate of sale; and
h) Other similar motions.
Captions
Nature of Motion – relief sought and grounds to support

the relief
Notice of Hearing on Litigious Motions
Signature
Proof of Service
Do a final check of your
gadget.
Think like a lawyer.
Argue like a lawyer.
Nail it like a lawyer.

Th a n k you!

Last Minute Lecture in Legal and Judicial Ethics With Practical Exercises 1

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Last Minute Lecture in Legal and Judicial Ethics With Practical Exercises 1

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Scope of Legal Ethics

Legal and duties

Judicial 3. Disqualifications and

1. by the Philippine Government; or

2. by the proper authority in the foreign jurisdiction where

(a) completion of all courses leading to the degree of

(b) recognition or accreditation of the law school by the proper

(c) completion of all the 4th year subjects in the Bachelor of

Only natural-born citizens of the Philippines who have lost their

The provisions of R.A. No. 9225 may be used by an applicant seeking

2) Applicant shall accomplish “Petition for Dual Citizenship and Issuance

3) Applicant shall submit duly-accomplished petition to the Philippine

5) Applicant shall be given the original copy of his

6) The Philippine Consulate General forwards to the

Q. Can a Filipino citizen be allowed to take the bar when

Q. Christian San Juan passed the bar with a passing grade

A. Yes, Cristina was justified in enjoining San Juan to take his

Q. Can a former Filipino resume his practice of law in the

jurisprudence and update him of recent legal developments

Canon 1 – A lawyer shall uphold the Constitution, obey

Canon 2 – A lawyer shall make his legal services

Canon 6 – These Canons shall apply to lawyers in

Q. The Office of the Ombudsman suspended Ceniza for

A. Yes, a separate disbarment case may be filed against

Canon 7 –A LAWYER SHALL AT ALL TIMES UPHOLD

Canon 9- A LAWYER SHALL NOT, DIRECTLY OR

Sharing of Professional Fees is allowed -

Q. Atty. Bancolo allowed his secretary to sign the

A. No, Atty. Bancolo cannot delegate to his secretary to a

The Lawyer and the Legal Profession

A. No, Atty. Rivera should not be exonerated. Simulating or

Q. On 23 September 2013, the Court suspended Villarente

A. Yes, the second disbarment case against Villarente will

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND

CANON 11 - A LAWYER SHALL OBSERVE AND

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS

A. Atty. Ramos failed to comply with her duties to the courts

Q. Atty. Cruz requested Mrs. Agaton, her client, to procure

A. Atty. Cruz clearly violated her Lawyer’s Oath and the

CANON 14 - A LAWYER SHALL NOT REFUSE HIS

CANON 15 - A LAWYER SHALL OBSERVE CANDOR,

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND

CANON 21 - A LAWYER SHALL PRESERVE THE

Preservation of Confidences of Client

Impartiality is essential to the proper discharge of the judicial office. It

(b) The judge previously served as a lawyer or was a material witness in

(e)The judge’s ruling in a lower court is the subject of review;

(f) The judge is related by consanguinity or affinity to a party litigant

Disqualification of Judicial Officers

Rule 137, of the Revised Rules of Court provides:

The rules contemplate two kinds of inhibition: compulsory and

In the first paragraph, compulsory disqualification conclusively

2. Pimentel v. Hon. Salanga, 21 SCRA 160 (1967): A judge

3. People v. Court of Appeals and Pacificador, 309 SCRA 705

4. Gochan et al. v. Gochan et al., G. R. No. 143089 - February 27,

6. Calayag et al. v. Sulpicio Lines, Inc., G.R. No. 221864,

SECTION 6. A judge disqualified as stated above may, instead

a. Lawyers without authority -

b. Persons not lawyers -

Publication concerning pending litigation

Misleading the court or obstructing justice

Preamble. The preamble is used to easily show important details of the