San Beda College of Law
1
MEMORY AID
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
I. LEGAL ETHICS
PRELIMINARY MATTERS
Legal Ethics – branch of moral science
which treats of the duties which an
attorney owes to the court, to his client,
to his colleagues in the profession and to
the public.
- It is the embodiment of all
principles of morality and refinement
that should govern the conduct of every
member of the bar.
PRIMARY
CHARACTERISTICS
WHICH
DISTINGUISH THE LEGAL PROFESSION
FROM BUSINESS
1. A duty of public service
2. A relation, as an “officer of the
court”, to the administration of
justice
involving
thorough
sincerity, integrity and reliability
3. A relation to clients with the
highest degree of fiduciary
4. A relation to the colleagues at
the bar characterized by candor,
fairness and unwillingness to
resort to current business
methods of advertising and
encroachment on their practice,
or dealing directly with their
clients.
PRACTICE OF LAW
 CASE: 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 vs Monsod,
201 SCRA 210)
Strictly speaking, the word
practice of law implies the customary or
habitual holding of oneself to the public
as
a
lawyer
and
demanding
compensation for his services. [People
vs. Villanueva 14 SCRA 111]
LEGAL ETHICS
AND
ESSENTIAL CRITERIA DETERMINATIVE
OF ENGAGING IN THE PRACTICE OF
LAW: (HACA)
1.
Habitualityimplies
customarily or habitually holding
oneself out to the public as a
lawyer
2.
Compensation- implies
that one must have presented
himself to be in the active
practice and that his professional
services are available to the
public for compensation, as a
source of his livelihood or in
consideration
of
his
said
services.
3.
Application of law, legal
principle,
practice,
or
procedure which calls for legal
knowledge,
training
and
experience
4.
Attorney
–
client
relationship
PRIVATE PRACTICE
Private practice is more than an
isolated appearance for it consists of
frequent or customary actions, a
succession of acts of the same kind.
 NOTE: An isolated appearance does
not amount to practice of law of a public
officer if allowed by his superior in
exceptional cases.
NOTE: The practice of law is not a
natural, property or constitutional right
but a mere privilege. It is not a right
granted to any one who demands it but a
privilege to be extended or withheld in
the exercise of sound judicial discretion.
It is in the nature of a franchise
conferred only for merit which must be
earned by hard study, learning and good
conduct. It is a privilege accorded only
to those who measure up to certain rigid
standards of mental and moral fitness.
Those standards are neither dispensed
with nor lowered after admission. The
attorney’s continued enjoyment of the
privilege conferred depends upon his
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
2
2005 CENTRALIZED BAR OPERATIONS
complying with the ethics and rules of
333the profession.
But practice of law is in the
nature of a right. While the practice of
law is a privilege, a lawyer cannot be
prevented from practicing law except for
valid reasons, the practice of law not
being a matter of state’s grace or favor.
He holds office during good behavior and
can only be deprived of it for misconduct
ascertained and declared by judgment of
the Supreme Court after opportunity to
be heard has been afforded him. The
state cannot exclude an attorney from
the practice of law in a manner or for
reasons that contravene the due process
or equal protection clause of the
Constitution.
POWER TO REGULATE THE PRACTICE
OF LAW
 CASES: The Constitution [Art. VIII,
Sec. 5(5)] vests this power of control and
regulation in the Supreme Court. The
constitutional power to admit candidates
to the legal profession is a judicial
function and involves the exercise of
discretion. Petition to that end is filed
with the Supreme Court as are other
proceedings invoking judicial function [In
re: Almacen 31 SCRA 562]
The SC acts through a Bar
Examination Committee in the exercise
of its judicial function to admit
candidates to the legal profession. Thus,
the Committee is composed of a member
of the Court who acts as Chairman and 8
members of the bar who acts as
examiners in the 8 bar subjects with one
subject assigned to each. [In re Lanuevo,
66 SCRA 245]
The power of the SC to regulate the
practice of law includes the authority to:
1. Define the term
2. Prescribe the qualifications of a
candidate to and the subjects of
the bar examinations
3. Decide who will be admitted to
practice
4. Discipline, suspend or disbar any
unfit and unworthy member of
the bar
5. Reinstate any disbarred or
indefinitely suspended attorney
6. Ordain the integration of the
Philippine Bar
7. Punish for contempt any person
for unauthorized practice of law
8. Exercise overall supervision of
the legal profession
9. Exercise any other power as may
be necessary to elevate the
standards of the bar and
preserve its integrity.
On
the
other
hand,
the
LEGISLATURE, in the exercise of its
POLICE POWER may, however, enact
laws regulating the practice of law to
protect the public and promote the
public welfare. But the legislature MAY
NOT pass a law that will control the SC
in the performance of its function to
decide who may enjoy the privilege of
practicing law and any law of that kind is
unconstitutional as an invalid exercise of
legislative power.
WHO MAY PRACTICE LAW?
Any person heretofore duly
admitted as a member of the bar, or
hereafter
admitted
as
such
in
accordance with the provisions of this
rule, and who is in good and regular
standing, is entitled to practice law.
[Sec. 1, Rule 138]
REQUIREMENTS
BEFORE
A
CANDIDATE CAN ENGAGE IN THE
PRACTICE OF LAW
I. He must have been admitted to the
Bar
a. Furnishing satisfactory proof of
educational, moral and other
qualification;
b. Passing the bar
c. Taking the Lawyer’s Oath before
the SC
A lawyer’s oath signifies that
the lawyer in taking such an oath
accepts and affirms his ethical
obligations in the performance of
his duties as a lawyer and
signifies likewise his awareness
of his responsibilities that he
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
3
MEMORY AID
assumes by his admission to the
legal profession.
d. Signing the Attorney’s Roll and
receiving from the Clerk of Court
of the SC a Certificate of the
license to practice
II. After his admission to the bar, a
lawyer must remain in good and regular
standing,
which
is a continuing
requirement for the practice of law. He
must:
a. Remain a member of the IBP
(membership therein by every
attorney is made compulsory);
b. Regularly pay all IBP membership
dues
and
other
lawful
assessments, as well as the
annual privilege tax;
c. Faithfully observe the rules and
ethics of the legal profession;
and
d. Be continually subject to judicial
disciplinary control.
BASIC
REQUIREMENTS
ADMISSION TO THE BAR
FOR
Under Section 2, 5 and 6, Rule 138, the
applicant must be:
1.
Citizen
of
the
Philippines;
2.
At least 21 years of age;
3.
Of good moral character;
(Note: This is a continuing
requirement.)
4.
Resident
of
the
Philippines;
5.
Must produce before the
SC satisfactory evidence of good
moral character;
6.
No charges against him,
involving moral turpitude, have
been filed or are pending in any
court in the Phil. [Sec. 2, Rule
138];
7.
Must have complied with
the academic requirements;
8.
Pass
the
bar
examinations.
Moral Turpitude – imports an act of
baseness, vileness or depravity in the
duties which one person owes to another
or to society in general which is contrary
to the usually accepted and customary
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
rule of right and duty which a person
should follow.
ACADEMIC REQUIREMENTS FOR THE
CANDIDATES
1.
Must
have
already
earned a Bachelor’s Degree in
Arts or Sciences (Pre-law)
2.
Law Course – completed
courses in Civil Law, Commercial
Law, Remedial Law, Criminal
Law, Public and International
Law, Political Law, Labor and
Social
Legislation,
Medical
Jurisprudence, Taxation, Legal
Ethics. [Sec. 5 and 6, Rule 138]
APPEARANCE OF NON-LAWYER IN
COURT
MAY A NON-LAWYER APPEAR IN COURT?
 General Rule: Only those who are
licensed to practice law can appear and
handle cases in court.
 Exceptions:
1. Before the MTC - a party may
conduct his case or litigation in
person with the aid of an
agent or friend appointed by him.
[Sec. 34, Rule 138]
2. Before any court – a party may
conduct his litigation personally.
But he gets someone to aid him and
that someone must be an authorized
member of the Bar [Sec. 34, Rule
138]. He is bound by the same rules
in conducting the trial of his case.
He cannot, after judgment, claim
that
he
was
not
properly
represented.
3. In a criminal case before the MTC –
in a locality where a duly licensed
member of the Bar is not available,
the judge may appoint a non-lawyer
who is a resident of that province, of
good repute for probity and ability to
the accused in his defense. [Sec. 7,
Rule 116]
4. Student Practice Rule - A law
student
who
has
successfully
completed his 3rd year of the regular
4-year prescribed law curriculum and
is enrolled in a recognized law
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
4
5.
6.
7.
2005 CENTRALIZED BAR OPERATIONS
school’s clinical legal education
program approved by the SC – may
appear without compensation in any
civil, criminal or administrative case
before any trial court, tribunal,
board or officer, to represent
indigent clients accepted by the
Legal Clinic of the school. [Sec. 1,
Rule 138-A] The student shall be
under the direct supervision and
control of a member of the IBP duly
accredited by the law school. [Sec.
2]
Under the Labor Code – non-lawyers
may appear before the NLRC or any
Labor Arbiter if they (a) represent
themselves; (b) represent their
organization or members thereof
[Art. 222, PD 442]
A non-lawyer may represent a
claimant before the Cadastral Court
[Sec. 9, Act. No. 2259]
Any person appointed to appear for
the government of the Philippines in
accordance with law [Sec. 33, Rule
138]
LIMITATIONS ON APPEARANCE OF NONLAWYERS BEFORE THE COURTS
1. He should confine his work to
non-adversary contentions. He
should not undertake purely
legal work, such as the
examination
or
crossexamination of witnesses, or the
presentation of evidence.
2. Services should not be habitually
rendered.
3. Should not charge or collect
attorney’s fees.
[PAFLU vs.
Binalbagan Isabela Sugar Co. 42
SCRA 302]
RIGHT OF PARTY TO REPRESENT
HIMSELF
Civil Cases: An individual litigant has the
right to conduct his litigation personally.
Criminal Cases: Involving grave and less
grave offenses, an accused who is a
layman must always appear by counsel;
he CANNOT conduct his own defense, as
his right to counsel may NOT be waived
without violating his right to due process
of law.
By a Juridical Person: A juridical person
must always appear in court by a duly
licensed member of the bar, except in
the municipal trial court where it may be
represented by its agent or officer who
need not be a lawyer.
PARTNERSHIP
WITH
NON-LAWYERS
VOID
In the formation of partnership for
the practice of law, no person should be
admitted or held out as a practitioner or
member who is not a member of the
legal profession duly authorized to
practice, and amenable to professional
discipline.
PRACTICE BY CORPORATION
It is well settled that a
corporation CANNOT engage in the
practice of law. It may, however, hire an
attorney to attend to and conduct its
own legal business or affairs. But it
cannot practice law directly or indirectly
by employing a lawyer to practice for it
or to appear for others for its benefit.
Reasons:
1. Nature of the privilege and on the
confidential and trust relation
between attorney and client.
2. A corporation cannot perform the
conditions required for membership
in the bar, such as the possession of
good moral character and other
special disqualifications, the taking
of an oath and becoming an officer
of the court, subject to its
discipline, suspension or removal.
3. The relation of trust and confidence
cannot arise where the attorney is
employed by a corporation to
practice for it, his employer and he
owing, at best, a secondary and
divided loyalty to the clientele of
his corporate employer.
4. The intervention of the corporation
is destructive of that confidential
and trust relation and is obnoxious
to the law.
PERSONS AUTHORIZED TO REPRESENT
THE GOVERNMENT
Any official or other person
appointed or designated in accordance
with law to appear for the government
of the Philippines or any of its officials
shall have all the rights of a duly
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
5
MEMORY AID
authorized member of the bar to appear
in any case in which the government has
an interest, direct or indirect, or in
which such official is charged in his
official capacity.
RULES ON PUBLIC OFFICIALS
REGARDING PRACTICE OF LAW
PUBLIC OFFICIALS WHO CANNOT
PRACTICE LAW IN THE PHILIPPINES
1.
Judges
and
other
officials or employees of the
superior court
2.
Officials and employees
of the Office of the Solicitor
General
3.
Government Prosecutors
4.
President,
VicePresident, members of the
Cabinet, their deputies and
assistants
5.
Chairmen and members
of
the
Constitutional
Commissions
6.
Ombudsman
and
his
deputies
7.
Governors,
city
and
municipal mayors
8.
Those who, by special
law are prohibited from engaging
in the practice of their legal
profession
PUBLIC OFFICIALS WITH RESTRICTIONS
IN THE PRACTICE OF LAW
1. Senators and Members of the House
of Representatives
2.
Members
of
the
Sanggunian
3.
Retired Justice or Judge
4.
Civil Service officers or
employees without permit from
their respective department
heads [Noriega vs. Sison 125
SCRA 293]
RESTRICTIONS IN THE PRACTICE OF
LAW OF MEMBERS OF LEGISLATURE
 CASES:
A lawyer-member of the
legislature is only prohibited from
appearing as counsel before any court of
justice, electoral tribunals or quasijudicial and administrative bodies. The
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
word “appearance” includes not only
arguing a case before any such body but
also filing a pleading on behalf of a
client as “by simply filing a formal
motion, plea or answer”. [Ramos vs.
Manalac 89 Phil 270]
Neither can he allow his name to
appear in such pleading by itself or as
part of a firm name under the signature
of another qualified lawyer because the
signature of an agent amounts to signing
of
a
non-qualified
senator
or
congressman, the office of an attorney
being originally of agency, and because
he will, by such act, be appearing in
court or quasi-judicial or administrative
body in violation of the constitutional
restriction. “He cannot do indirectly
what
the
Constitution
prohibits
directly”. [In re: David 93 PHIL 461]
RESTRICTIONS IN THE PRACTICE OF
LAW OF THE MEMBERS OF THE
SANGGUNIAN
They shall not:
1.
Appear as counsel before
any court in any civil case
wherein a local government unit
or any office, agency or
instrumentality
of
the
government is the adverse party;
2.Appear as counsel in any
criminal case wherein an officer
or employee of the national or
local government is accused of
an offense committed in relation
to his office;
3. Collect any fee for their
appearance in administrative
proceedings involving the local
government unit of which he is
an official. [Sec. 90, R.A. 7160]
4.
Use
property
and
personnel of the government
except when the Sanggunian
member concerned is defending
the interest of the government
RESTRICTIONS IN THE PRACTICE OF
LAW OF RETIRED JUSTICE/JUDGE
As a condition of the pension
provided under R.A. 910, no retiring
justice or judge of a court of record or
city or municipality judge during the
time that he is receiving said pension
shall:
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
6
2005 CENTRALIZED BAR OPERATIONS
Appear as counsel before any court in:
a. Any civil case wherein the
government or any subdivision
or instrumentality thereof is
the adverse party;
b. Any criminal case wherein an
officer or an employee of the
government is accused of an
offense committed in relation
to his office.
2. Collect any fees for his appearance
in any administrative proceedings to
maintain an interest adverse to the
government,
provincial
or
municipal, or to any of its legally
constituted officers [Sec 1, RA 910].
REMEDIES AGAINST UNAUTHORIZED
PRACTICE (DICED)
1.
Petition for Injunction
2.
Declaratory Relief
3.
Contempt of Court
4.
Disqualification
and
complaints for disbarment
5.
Criminal complaint for
estafa against a person who
falsely represented to be an
attorney to the damage of a
party
PRIVILEGES AND DUTIES OF A
LAWYER
PRIVILEGES OF AN ATTORNEY:
1. To practice law during good
behavior before any judicial, quasijudicial, or administrative tribunal.
2. The first one to sit in judgment on
every case, to set the judicial
machinery in motion.
3. Enjoys the presumption of regularity
in the discharge of his duty.
4. He is immune, in the performance
of his obligation to his client, from
liability to a third person insofar as
he does not materially depart from
his character as a quasi-judicial
officer.
5. His
statements,
if
relevant,
pertinent or material to the subject
of judicial inquiry are absolutely
privileged regardless of their
defamatory tenor and of the
presence of malice.
OTHER PRIVILEGES:
First grade civil service eligibility for any
position in the classified service in
the government the duties of which
require knowledge of law.
Second grade civil service eligibility for
any other government position
which
does
not
prescribe
proficiency in law as a qualification.
FOUR-FOLD DUTIES OF A LAWYER
1. Court- respect or defend against
criticisms, uphold authority and
dignity, obey order and processes,
assist in the administration of
justice.
2. Bar- candor, fairness, courtesy and
truthfulness, avoid encroachment in
the business of other lawyers,
uphold the honor of the profession.
3. Client- entire devotion to client’s
interest.
4. Public- should not violate his
responsibility to society, exemplar
for uprighteousness, ready to render
legal aid, foster social reforms,
guardian of due process, aware of
special role in the solution of
special problems and be always
ready to lend assistance in the study
and solution of social problems.
SPECIFIC DUTIES OF A LAWYER (SEC.
20, RULE 138) [C2A2R2E2D]
1.
To maintain Allegiance
to
the
Republic
of
the
Philippines and to support the
Constitution and obey the laws
of the Philippines;
2.
To observe and maintain
the Respect due to the courts of
justice and judicial officers;
3.
To Counsel and maintain
the respect due to the courts of
justice and judicial officers;
4.
To Employ, for the
purpose of maintaining the
causes confided to him, such
means only as are consistent
with truth and honor, and never
seek to mislead the judge or any
judicial officer by an artifice or
false statement of fact or law;
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
7
MEMORY AID
5.
To maintain inviolate the
Confidence and at every peril to
himself, to preserve the secrets
in connection with his client and
to accept no compensation in
connection with his client’s
business except from him or with
his knowledge and approval;
6.
To Abstain from all
offensive personality and to
advance no fact prejudicial to
the honor and reputation of a
party or witness, unless required
by the justice of the cause with
which he is charged;
7.
Not to Encourage either
the commencement or the
continuance of an action or
proceeding, or delay any man’s
cause, from any corrupt motive
or interest;
8.
Never to Reject, for any
consideration
personal
to
himself, the cause of the
defenseless or oppressed;
9.
In the Defense of a
person accused of crime, by all
fair and honorable means,
regardless of his personal opinion
as to the guilt of the accused, to
present every defense that the
law permits to the end that no
person may be deprived of life or
liberty, but by due process of
law.
DUTY OF COUNSEL DE OFICIO
A counsel de oficio is expected
to render effective service and to exert
his best efforts on behalf of an indigent
accused. He has as high a duty to a poor
litigant as to a paying client. He should
have a bigger dose of social conscience
and a little less of self-interest.
ROLE OF PRIVATE PROSECUTOR
A
private
prosecutor
may
intervene in the prosecution of a
criminal action when the offended party
is entitled to indemnity and has not
waived expressly, reserved or instituted
the civil action for damages. He may
prosecute the accused up to the end of
the trial even in the absence of the
public prosecutor if authorized by the
chief of the prosecution office or the
LEGAL ETHICS
AND
IN
LEGAL ETHICS
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PRACTICAL EXERCISES
Regional State Prosecutor subject to the
approval of the court (Sec. 5, Rule 110;
Rules of Court dated May 1, 2002).
THE LAWYER’S OATH
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 therein; I
will do no falsehood, nor consent to the
doing of any in court; I will not wittingly
or willingly promote or sue any
groundless, false or unlawful suit, nor
give aid nor consent to the same; I will
delay no man for money or malice and
will conduct myself as a lawyer
according to the best of my knowledge
and discretion with all good fidelity as
well to the courts as to my clients; and I
impose upon myself this voluntary
obligation
without
any
mental
reservation or purpose of evasion. So
help me God.
NOTARY PUBLIC
A person appointed by the court
whose duty is to attest to the
genuineness of any deed or writing
inorder to render them available as
evidence of facts stated therein and who
is authorized by the statute to
administer various oaths.
A.M. No. 02-8-13-SC: Rules on
Notarial Practice of 2004
(August 1, 2004)
QUALIFICATIONS OF A NOTARY PUBLIC
1. Must be citizen of the Philippines
2. Must be over twenty-one (21)
years of age
3. Must be a resident in the
Philippines for at least one (1)
year and maintains a regular
place of work or business in the
city or province where the
commission is to be issued
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
8
2005 CENTRALIZED BAR OPERATIONS
4. Must be a member of the
Philippine Bar in good standing
with clearances from the Office
of the Bar Confidant of the
Supreme
Court
and
the
Integrated Bar of the Philippines
5. Must not have been convicted in
the first instance of any crime
involving moral turpitude (Rule
III, Section 1)
JURISDICTION AND TERM
A notary public may perform
notarial acts in any place within the
territorial
jurisdiction
of
the
commissioning court for a period of
two (2) years commencing on the 1st
day of January of the year in which
the commissioning is made UNLESS
earlier revoked or the notary public
has resigned according to these Rules
and the Rules of Court (Rule III,
Section 11).
POWERS AND LIMITATIONS OF
NOTARIES PUBLIC
POWERS

A
notary
public
is
empowered to do the following acts:
(JAOSAC)
1. Acknowledgments;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessings;
5. Copy certifications; and
6. Any other act authorized
by these Rules.

A notary public is authorized
to certify the affixing of a signature
by thumb or other mark on an
instrument or document presented
for notarization if:
1. The thumb or other mark
is affixed in the presence of
the notary public and of two
(2)
disinterested
and
unaffected witnesses to the
instrument or document;
2. Both witnesses sign their
own names in addition to the
thumb or other mark;
3. The notary public writes
below the thumb or other
mark: “Thumb or Other Mark
affixed by (name of signatory
by mark) in the presence of
(names and addresses of
witnesses) and undersigned
notary public”, and
4. The
notary
public
notarizes the signature by
thumb or other mark through
an acknowledgment, jurat or
signature witnessing.

A notary public is authorized
to sign on behalf of a person who is
physically unable to sign or make a
mark on an instrument or document
if:
1. The notary public is
directed by the person
unable to sign or make a
mark to sign on his behalf;
2. The signature of the
notary public is affixed in
the presence of two (2)
disinterested and unaffected
witnesses to the instrument
or document;
3. Both witnesses sign their
own names;
4. The notary public writes
below
his
signature:
“Signature affixed by notary
in the presence of (names
and addresses of person and
two (2) witnesses)”, and
5. The
notary
public
notarizes his signature by
acknowledgment or jurat
(Rule IV, Section 1).
PROHIBITIONS
General Rule: A notary public shall not
perform a notarial act outside his regular
place of work or business.
Exceptions: A notarial act may be
performed at the request of the parties
in the following sites located within his
territorial jurisdiction:
a. Public offices, convention halls
and similar places where oaths
of office may be administered;
b. Public function areas in hotels
and similar places for the signing
of instruments or documents
requiring notarization;
c. Hospitals
and
medical
institutions where a party to the
instrument or document is
confined for treatment; and
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
9
MEMORY AID
d. Any place where a party to the
instrument
or
document
requiring notarization is under
detention.

A person shall
not perform a notarial act if:
1. the person involved as
signatory to the instrument
or documenta.
Is not in the
notary’s presence at the
time of the notarization;
and
b.
Is not personally
known to the notary
public
or
otherwise
identified by the notary
public
through
competent evidence of
identity as defined by
these Rules (Rule IV,
Section 2).
2. the certificate containing an
information
known
or
believed to be false; and
3. he shall not affix an official
signature or seal on a
notarial certificate that is
incomplete (Rule IV, Section
5).
DISQUALIFICATIONS
A notary public is disqualified from
performing a notarial if he:
1) Is a party to the instrument or
document;
2) Will receive, as a direct or
indirect result any commission,
fee, advantage, right, title,
interest, cash, property, or other
consideration,
except
as
provided that is to be notarized;
3) Is
a
spouse,
common-law
partner, ancestor, descendant,
or relative by affinity or
consanguinity of the principal
within the fourth civil degree
(Rule IV, Section 3).
When notary public may refuse to
notarize even if appropriate fee is
tendered:
1) When the notary knows or
has good reason to believe that
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
the notarial act or transaction is
unlawful or immoral.
2) When the signatory shows a
demeanor which engenders in
the mind of the notary public
reasonable doubt as to the
former’s knowledge of the
consequences of the transaction
requiring a notarial act.
3) If in the notary’s judgment,
the signatory is not acting in
his/her own free will (Rule IV,
Section 4).
4) If
the
document
or
instrument to be notarized is
considered as an improper
document by these Rules.
NOTE: A blank or incomplete instrument
or document OR an instrument or
document without appropriate notarial
certification is considered an Improper
Instrument/Document (Rule IV, Section
6).
NOTARIAL CERTIFICATES
Contents of the Concluding part of the
Notarial Certificate:
1) The name of the notary public as
exactly
indicated
in
the
commission;
2) The serial number of the
commission of the notary public;
3) The words “Notary Public” and
the province or city where the
notary public is commissioned,
the expiration date of the
commission and the office
address of the notary public; and
4) The Roll of Attorneys’ number,
the Professional Tax Receipt
number and the place and date
of issuance thereof and the IBP
Membership number (Rule VIII,
Section 2).
REVOCATION OF COMMISSION
The Executive Judge shall revoke a
commission for any ground on which an
application for a commission may be
denied.
In addition, the Executive Judge may
revoke the commission of or impose
sanctions upon any notary public who:
1) Fails to keep a notarial
register;
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
10
2005 CENTRALIZED BAR OPERATIONS
2) Fails
to
make
the
appropriate entry or entries in
his notarial register concerning
his notarial acts;
3) Fails to send the copy of the
entries to the Executive Judge
within the first ten (10) days of
the month following;
4) Fails
to
affix
to
acknowledgments the date of
expiration of his commission;
5) Fails to submit his notarial
register, when filled, to the
Executive Judge;
6) Fails to make his report,
within a reasonable time, to the
Executive Judge concerning the
performance of his duties, as
may be required by the Judge;
7) Fails
to
require
the
presence of the principal at the
time of the notarial act;
8) Fails to identify a principal
on the basis of personal
knowledge
or
competent
evidence;
9) Executes
a
false
or
incomplete certificate under
Section 5, Rule IV;
10) Knowingly performs or fails
to perform any other act
prohibited or mandated by these
Rules; and
11) Commits
any
other
dereliction or act which in the
judgment of the Executive Judge
constitutes good cause for the
revocation of the commission or
imposition
of
administrative
sanction (Rule XI, Section 1).
PUNISHABLE ACTS
The Executive Judge shall cause the
prosecution of any person who:
1)
Knowingly
acts
or
otherwise impersonates a notary
public;
2)
Knowingly
obtains,
conceals, defaces, or destroys
the seal, notarial register, or
official records of a notary
public; and
3)
Knowingly
solicits,
coerces, or in any way influences
a notary public to commit
official misconduct (Rule XII,
Section 1).
TERMS TO REMEMBER
Amicus Curiae- is an experienced and
impartial attorney invited by the
court to appear and help in the
disposition of the issues submitted
to it. It implies friendly intervention
of counsel to call the attention of
the court to some matters of law or
facts which might otherwise escape
its notice and in regard to which it
might go wrong. An amicus curiae
appears in court not to represent
any particular party but only to
assist the court.
Amicus Curiae par excellence – bar
associations who appear in court as
amici curiae or friends of the court.
Acts merely as a consultant to guide
the court in a doubtful question or
issue pending before it.
Attorney ad hoc- a person named
appointed by the court to defend an
absentee defendant in the suit in
which the appointment is made.
Attorneys-At-Law – that class of persons
who are licensed officers of the
courts empowered to appear,
prosecute and defend, and upon
whom
peculiar
duties,
responsibilities and liabilities are
developed by law as a consequence.
Attorney in fact- simply an agent whose
authority is strictly limited by the
instrument appointing him.
His
authority is provided in a special
power of attorney or general power
of attorney or letter of attorney.
He is not necessarily a lawyer.
Attorney of record- the attorney whose
name is entered in the records of an
action or suit as the lawyer of a
designated party thereto.
Bar and Bench – “Bar” refers to the
whole body of attorneys and
counselors
collectively,
the
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
11
MEMORY AID
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
members of the legal profession:
“Bench” denotes the whole body of
judges.
Bar Association – an association of
members of the legal profession like
the IBP where membership is
integrated or compulsory.
Of Counsel – an experienced lawyer,
usually a retired member of the
judiciary, employed by law firms as
consultants.
Client – one who engages the services of
a lawyer for legal advice or for
purposes
of
prosecuting
or
defending a suit in behalf and
usually for a fee.
Practicing Lawyer – one engaged in the
practice of law who by license are
officers of the court and who are
empowered to appear, prosecute
and defend a client’s cause.
Counsel/Attorney de oficio – an
attorney appointed by the court to
defend an indigent defendant in a
criminal action.
In a criminal action, if the
defendant appears without an
attorney, he must be informed by
the court that it is his right to have
an attorney before being arraigned
and must be asked if he desires the
aid of an attorney. If he desires and
is unable to employ an attorney, the
court must assign a counsel de
oficio to defend him. He is also
designated as counsel of indigent
litigants. The appointment of a
counsel de oficio in that instance is
a matter of right on the part of the
defendant.
On appeal in a criminal case, the
appellate court must also appoint a
counsel de oficio if, as shown by the
certificate of the clerk of court of
the trial court, a defendant (a) is
confined in prison, (b) without
means to employ an attorney, (c)
desires to be defended de oficio.
Pro Se - an appearance by a lawyer in
his own behalf.
House Counsel – one who acts as
attorney for business though carried
as an employee of that business and
not as an independent lawyer.
Lawyer – this is the general term for a
person trained in the law and
authorized to advice and represent
others in legal matters
Lead Counsel – the counsel on either
side of a litigated action who is
charged
with
the
principal
management and direction of a
LEGAL ETHICS
AND
party’s case, as distinguished from
his juniors or subordinates.
Trial Lawyer – one who personally
handles
cases
in
court,
administrative agencies of boards
which means engaging in actual trial
work, either for the prosecution or
for the defense of cases of clients.
II .THE CANONS OF
PROFESSIONAL
RESPONSIBILITY
Chapter I: The Lawyer and Society
CANON 1. Uphold the Constitution and
obey the laws of the land
2. Make legal services available
in
an
efficient
and
convenient manner
3. Use of true, honest, fair,
dignified
and
objective
information in making known
legal services
4. Participate
in
the
improvement of the legal
system
5. Keep
abreast
of
legal
development and participate
in continuing legal education
program
and
assist
in
disseminating
information
regarding the law and
jurisprudence
6. Applicability of the CPR to
lawyers in the government
service
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
12
2005 CENTRALIZED BAR OPERATIONS
Chapter II: The Lawyer and the Legal
Profession
CANON 7. At all times uphold the
integrity and dignity of the
Profession and support the
activities of the IBP
8. Conduct
himself
with
courtesy,
fairness
and
candor toward his colleagues
and avoid harassing tactics
9. Not to directly or indirectly
assist in the unauthorized
practice of law
Chapter III: The Lawyer and the Courts
CANON 10. Owes candor, fairness and
good faith to the court
11. Observe and maintain the
respect due courts and
judicial officers
12. Duty to assist in the speedy
and efficient administration
of justice
13. Rely upon the merits of his
cause, refrain from any
impropriety which tends to
influence courts, or give the
appearance of influencing
the court
Chapter IV: The Lawyer and the Client
CANON 14. Not to refuse his services to
the needy
15. Observe candor, fairness and
loyalty in all his dealings and
transactions with clients
16. Hold in trust all the moneys
and property of his client
that may come to his
possession
17. Owes fidelity to clients
cause and be mindful of the
trust and confidence reposed
in him
18. Serve
client
with
competence and diligence
19. Represent client with zeal
and within the bounds of law
20. Charge
only
fair
and
reasonable fees
21. Preserve the confidence and
secrets of client even after
the atty.-client relation is
terminated
22. Withdraw services only for
good cause and upon notice
LAWYER’S DUTIES TO SOCIETY
CANON 1: UPHOLD THE CONSTITUTION
AND OBEY THE LAWS OF THE LAND
DISCOURAGING LAW SUITS
Under Rule 1.03, a lawyer shall not
for any corrupt motive or interest,
encourage any suit or proceeding or
delay any man’s cause.
CRIME OF MAINTENANCE – A lawyer
owes to society and to the court the duty
not to stir up litigation. The following
are unprofessional acts within the
prohibition:
1.
Volunteering advice to bring
lawsuit except where ties of
blood, relationship, and trust
make it a duty to do so.
2. Hunting up defects in titles or
other causes of action and
informing
thereof
to
be
employed to bring suit or collect
judgment, or to breed litigation
by seeking out claims for
personal injuries or any other
grounds to secure them as
clients.
3. Employing agents or runners for
like purposes.
4. Paying direct or indirect reward
to those who bring or influence
the bringing of such cases to his
office.
5. Searching for unknown heirs and
soliciting their employment.
6. Initiating a meeting of a club and
inducing them to organize and
contest legislation under his
guidance.
7. Purchasing notes to collect them
by litigation at a profit.
A lawyer shall refrain from
committing barratry and ambulance
chasing of cases.
Barratry – offense of frequently inciting
and stirring up quarrels and suits. The
lawyer’s act of fomenting suits among
individuals and offering his legal services
to one of them
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
13
MEMORY AID
Ambulance Chasing – a lawyer’s act of
chasing the victims of an accident for
the purpose of talking to the same victim
or the latter’s relatives and offering his
legal services for the filing of the case
against the person who caused the
accident.
Ambulance Chaser – is a lawyer who
haunts hospitals and visits the homes of
the afflicted, officiously intruding their
presence and persistently offering his
service on the basis of a contingent.
Ambulance chasing has spawned
recognized evils such as: (FSMD)
1. Fomenting of litigation with
resulting burdens on the courts
and the public.
2. Subornation of perjury.
3. Mulcting of innocent persons by
judgments, upon manufactured
causes of action.
4. Defrauding of injured persons
having proper causes of action
but ignorant of legal rights and
court procedures by means of
contracts
which
retain
exorbitant
percentages
of
recovery and illegal charges for
court costs and expenses and by
settlement made for quick
returns of fees and against the
just rights of the injured
persons.
CANON 2: MAKING AVAILABLE
EFFICIENT LEGAL SERVICE
A lawyer shall not reject, except
for valid reasons, the cause of the
defenseless or the oppressed. (Rule
2.01)
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. (Rule 2.02)
CANON 3: USE OF TRUE, HONEST, FAIR
AND OBJECTIVE INFORMATION IN
MAKING KNOWN LEGAL SERVICES
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
 General Rule:
A lawyer cannot
advertise his talent, as he is a member
of an honorable profession whose
primary purpose is to render public
service and help secure justice and in
which the remuneration is a mere
incident.
It is highly unethical for an
attorney to advertise his talents or skill
as a merchant advertises his wares. [In
re: Tagorda 53 Phil 42]
 Exceptions:
1. Writing legal articles
2. Engaging in business or other
occupations except when such
could be deemed improper, be
seen as indirect solicitation or
would be the equivalent of law
practice.
3. Law lists, but only brief
biographical and informative
data
4. Ordinary, professional cards
5. Notice to other local lawyers
and publishing in a legal journal
of one’s availability to act as an
associate for them
6. The proffer of free legal
services to the indigent, even
when broadcasted over the radio
or tendered through circulation
of printed matter to the general
public.
7. Seeking a public office,
which can only be held by a
lawyer or, in a dignified manner,
a position as a full time
corporate counsel.
8. Simple announcement of the
opening of a law firm or of
changes in the partnership,
associates, firm name or office
address,
being
for
the
convenience of the profession.
9. Listing in a phone directory,
but not under a designation of a
special branch of law.
10. Activity of an association for
the
purpose
of
legal
representation.
Solicitation
Malpractice
of
Cases
Constitutes
ADVERTISING AND SOLICITATION
LEGAL ETHICS
AND
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
14
2005 CENTRALIZED BAR OPERATIONS
The law prohibits lawyers from
soliciting cases for the purpose of gain,
either personally or through paid agents
or brokers and makes the act
malpractice [Rule 138, sec. 27, Rules of
Court]. The rule prohibits professional
touting. Neither shall a lawyer “charge
rates lower than those customarily
prescribed unless the circumstances so
warrant.”
USE OF LAW FIRM NAME
1. In the choice of a firm name, no false,
misleading or assumed name shall be
used. The continued use of the name of
a deceased partner is permissible
provided that the firm indicates in all its
communications that said partner is
deceased.
[Rule
3.02,
Code
of
Professional Responsibility]. Hence, the
rule abandoned the doctrine laid down in
the case of In re: Sycip, 92 SCRA 1
(1979).
Reason: All of the partners by their
joined efforts over a period of years
contributed to the goodwill attached to
the firm name, and this goodwill is
disturbed by a change in firm name
every time a partner dies.
2. Where a partner accepts public office,
he shall withdraw from the firm and his
name shall be dropped from the firm
name unless the law allows him to
practice concurrently. [Rule 3.02, Code
of Professional Responsibility].
3. Filipino lawyers cannot practice law
under the name of a foreign law firm, as
the latter cannot practice law in the
Philippines and the use of the foreign
law firm in the country is unethical.
(Dacanay vs. Baker & McKenzie, G.R.
Adm. Case No. 2131)
CANON 4: PARTICIPATE IN THE
IMPROVEMENT OF THE LEGAL SYSTEM
Examples:
1. Presenting position papers or
resolutions for the introduction
of pertinent bills in Congress;
2. Petitions with the SC for the
amendment of the Rules of
Court.
CANON 5: KEEP ABREAST OF LEGAL
DEVELOPMENTS AND PARTICIPATE IN
CONTINUING LEGAL EDUCATION
PROGRAM
THREE-FOLD OBLIGATIONS OF A
LAWYER:
1. He owes it to himself to continue
improving his knowledge of the
law.
2. He owes it to his profession to
take an active interest in the
maintenance of high standards of
legal education.
3. He owes it to the lay public to
make the law a part of their
social consciousness.
Bar Matter 850: MANDATORY
CONTINUING LEGAL EDUCATION (MCLE)
(Adopting the Rules on the Continuing Legal
Education for Members of the Integrated Bar
of the Philippines)
August 8, 2000
Purpose: To ensure that throughout
their career, they keep abreast with law
and jurisprudence, maintain the ethics
of the profession and enhance the
standards of the practice of law.
Requirements of Completion of MCLE
Members of the IBP, unless
exempted under Rule 7, shall complete
every three (3) years at least 36 hours of
continuing legal education activities.
The 36 hours shall be divided as follows:
a.
6 hours – legal Ethics
b.
4 hours – trial and
pretrial skills
c.
5 hours – alternative
dispute resolution
d.
9 hours – updates on
substantive and procedural laws
and jurisprudence
e.
4 hours – writing and oral
advocacy
f.
2 hours – international
law
and
international
conventions
g.
6 hours – such other
subjects as may be prescribed by
the Committee on MCLE
Parties Exempted from the MCLE
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
15
MEMORY AID
1. The President, Vice-President,
and
the
Secretaries
and
Undersecretaries of executive
departments;
2. Senators and Members of the
House of Representatives;
3. The Chief Justice and Associate
Justices of the SC, incumbent
and retired justices of the
judiciary, incumbent members of
the Judicial and Bar Council and
incumbent court lawyers covered
by
the
Philippine
Judicial
Academy Program of continuing
legal education;
4. The Chief State Counsel, Chief
State Prosecutor and Assistant
Secretaries of the Department of
Justice;
5. The Solicitor-General and the
Assistant Solicitor-General;
6. The
Government
Corporate
Counsel, Deputy and Assistant
Government Corporate Counsel;
7. The Chairman and Members of
the Constitutional Commissions;
8. The Ombudsman, the Overall
Deputy Ombudsman, the Deputy
Ombudsman and the Special
Prosecutor of the Office of the
Ombudsman;
9. Heads of government agencies
exercising
quasi-judicial
functions;
10. Incumbent deans, bar reviewers
and professors of law who have
teaching experience for at least
10 years in accredited law
schools;
11. The Chancellor, Vice-Chancellor
and members of the Corps of
Professional Lecturers of the
Philippine Judicial Academy; and
12. Governors and Mayors
Other Exempted Parties
1. Those who are not in law
practice, private or public
2. Those who have retired from law
practice with the approval of the
IBP Board of Governors
Good Cause for Exemption from or
modification of requirement
A member may file a verified
request setting forth good cause for
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
exemption (such as physical disability,
illness, post-graduate study abroad,
proven
expertise
in
law)
from
compliance with or modification of any
of the requirements, including an
extension of time for compliance, in
accordance with procedure to be
established by the committee on MCLE.
Proof of exemption: Applications for
exemption from or modification of the
MCLE requirement shall be under oath
and supported by documents.
Consequences of Non-Compliance
1. A member who fails to comply
with the requirements after the
60-day period shall be listed as
delinquent member by the IBP
Board
of
Governors
upon
recommendation
of
the
Committee on MCLE.
2. The listing as a delinquent
member is administrative in
nature but shall be made with
notice and hearing by the
Committee on MCLE.
CANON 6: APPLICABILITY OF THE CPR
TO LAWYERS IN THE GOVERNMENT
SERVICE
Restriction Against Using Public Office
to Promote Private Interest
Public officials and employees during
their incumbency shall NOT:
1. Own, control, manage or accept
employment
as
officer,
employee, consultant, counsel,
broker,
agent,
trustee
or
nominee
in
any
private
enterprise regulated, supervised
or licensed by their office unless
expressly allowed by law
2. Engage in the private practice of
their
profession
unless
authorized by the constitution or
law, provided that such practice
will not conflict or tend to
conflict with their official
functions.
3. Recommend any person to any
position in a private enterprise
which has a regular or pending
official transaction with their
office
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
16
2005 CENTRALIZED BAR OPERATIONS
4. Use or divulge confidential or
classified information officially
known to them by reason of their
office and not available to the
public.
Restrictions Against Former Official
from Accepting Certain Employment
A lawyer shall NOT, after leaving the
government service, accept engagement
or employment in connection with any
matter in which he had intervened while
in said service. [Rule 6.03, Code of
Professional Responsibility]
Section 7 (b), RA 6713 prohibits any
former public official or employee for a
period of one year after retirement or
separation from office to practice his
profession in connection with any other
matter before the office he used to be
with.
THE LAWYER AND THE LEGAL
PROFESSION
CANON 7: UPHOLD THE INTEGRITY AND
DIGNITY OF THE PROFESSION AND
SUPPORT THE ACTIVITIES OF THE IBP
A lawyer shall be answerable for
knowingly making a false statement or
suppressing
a
material
fact,
in
connection with his application for
admission to the bar. (Rule 7.01)
A lawyer shall not, whether in
public or private life, behave in a
scandalous manner to the discredit of
the legal profession. (Rule 7.03)
 CASE: Counsel’s act of filing multiple
complaints against herein complainant’s
reflects on his fitness to be a member of
the legal profession. His act evinces
vindictiveness, a decidedly undesirable
trait whether in a lawyer or another
individual,
as
complainants
were
instrumental in respondent’s dismissal
from the judiciary.
(Saburnido vs.
Madrono, 366 SCRA 1, September 26,
2001)
CANON 8: COURTESY, FAIRNESS AND
CANDOR TOWARD HIS COLLEAGUES AND
AVOID HARASSING TACTICS
A lawyer shall not, in his
professional dealings, use language
which is abusive, offensive or otherwise
improper. (Rule 8.01)
 CASE:
Although aware that the
plaintiff students were represented by
counsel, respondent attorney, counsel
for
the
defendants
proceeded,
nonetheless, to negotiate with them and
their parents without at the very least
communicating the matter to their
lawyer. This failure of respondent is an
inexcusable violation of the canons of
professional ethics and in utter disregard
of a duty owing to a colleague.
(Camacho vs. Pangulayan, 328 SCRA 631,
March 22, 2000)
CANON 9: PREVENTING UNAUTHORIZED
PRACTICE OF LAW
Public policy requires that the
practice of law be limited to those
individuals found duly qualified in
education and character.
Purpose: To protect the public, the
court, the client and the bar from the
incompetence or dishonesty of those
unlicensed to practice law and not
subject to the disciplinary control of the
court.
1. A lawyer is prohibited from
allowing an intermediary to
intervene in the performance of
his professional obligation.
2. A lawyer cannot delegate to any
unqualified
person
the
performance of any task which
by law may only be performed by
a member of the Bar in good
standing.
3. A lawyer cannot divide or
stipulate a fee for legal services
with a person not licensed to
practice law.
Exceptions:
1. Where there is a preexisting 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;
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
17
MEMORY AID
2. Where a lawyer undertakes
to complete unfinished legal
business of a deceased lawyer;
3. 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 arrangement.
LAWYER’S DUTIES TO COURTS
CANON 10: CANDOR, FAIRNESS AND
GOOD FAITH TO COURTS
A lawyer shall NOT do any
falsehood, nor consent to the doing of
any in court; nor shall be misled, or
allow the court to be misled by any
artifice. (Rule 10.01)
REQUIREMENTS OF CANDOR:
1. A lawyer shall not suppress material
and vital facts which bear on the
merit or lack of merit of complaint
or petition;
2. A lawyer shall volunteer to the court
any development of the case which
has rendered the issue raised moot
and academic;
3. Disclose to court any decision adverse
to his position of which opposing
counsel is apparently ignorant and
which court should consider in
deciding a case;
4.
He shall not represent himself as
lawyer for a client, appear for client
in court and present pleadings, only
to claim later that he was not
authorized to do so.
Note: A lawyer is not an umpire but an
advocate. He is not obliged to refrain
from making every proper argument in
support of any legal point because he is
not convinced of its inherent soundness.
Neither is he obliged to suggest
arguments against his position.
A lawyer shall NOT knowingly
misquote or misrepresent the contents
of a paper, the language or the
argument of opposing counsel, or the
text of a decision or authority, or
knowingly cite as a law a provision
already rendered inoperative by repeal
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
or amendment, or assert as a fact that
which has not been proved. (Rule 10.02)
A lawyer shall observe the rules of
procedure and shall NOT misuse them to
defeat the ends of justice. (Rule 10.03)
CANON 11: OBSERVANCE OF RESPECT
DUE THE COURTS
A lawyer shall observe and
maintain the respect due to the courts
and to judicial officers and should insist
on similar conduct by others.
A lawyer should show respect
due the court and judicial officer by
appearing during the trial of a case
punctually and in proper attire.
A lawyer’s language should be
forceful but dignified, emphatic but
respectful as befitting an advocate and
in keeping with the dignity of the legal
profession.
RIGHT AND DUTY OF LAWYER TO
CRITICIZE COURTS
The fact that a person is a
lawyer does not deprive him of the right,
enjoyed by every citizen, to comment on
and criticize the actuations of a judge.
However, what he can ordinarily
say against a concluded litigation and
the manner the judge handed down the
decision therein may NOT generally be
said to a pending action. The court, in a
pending litigation, must be shielded from
embarrassment or influence in its all
important duty of deciding the case. On
the other hand, once a litigation is
concluded the judge who decided it is
subject to the same criticism as any
other public official because then his
ruling becomes public property and is
thrown open to public consumption.
But it is the cardinal condition of
all such criticism that it shall be bona
fide, and shall not spill over the walls of
decency and propriety.
CANON 12: ASSISTING IN SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE
A lawyer shall NOT appear for
trial unless he has adequately prepared
himself on the law and the facts of his
case, the evidence he will adduce and
the order of its presentation. He should
also be ready with the original
documents for comparison with the
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
18
2005 CENTRALIZED BAR OPERATIONS
copies. [Rule 12.01 Code of Professional
Responsibility]
A lawyer shall NOT unduly delay
a case, impede the execution of
judgment or misuse court processes.
[Rule 12.04, Code of Professional
Responsibility]
 CASE: The Court further commented
that it is understandable for a party in
the situation to make full use of every
conceivable legal defense the law allows
it. In the appraisal, however, of such
attempts to evade liability to which a
party should respond, it must ever be
kept in mind that procedural rules are
intended as an aid to justice, not as
means for its frustration. Technicalities
should give way to the realities of the
situation. (Economic Insurance Co., Inc.
vs. Uy Realty Co.)
The duty of a lawyer to assist in
the speedy and efficient administration
of justice includes the duty to refrain
from talking to his witness during a
break or recess in the trial while the
witness is still under examination.
FORUM SHOPPING - the act of filing
repetitious suits in different courts. It is
committed through the following:
1. Going from one court to another in
the hope of securing a favorable
relief in one court, which another
court has denied.
2.
Filing repetitious suits or
proceedings in different courts
concerning the same subject
matter after one court has
decided the suit with finality.
3.
Filing a similar case in a
judicial court after receiving an
unfavorable judgment from an
administrative tribunal.
Forum shopping is prohibited by
Supreme Court Circular No. 28-91, and
the corresponding penalties for violation
thereof are as follows:
1. Any violation of this circular
shall be a cause for the summary
dismissal of the multiple petition
or complaint;
2.
3.
Any willful and deliberate forum
shopping by any party and his
lawyer with the filing of multiple
petitions or complaints to ensure
favorable action shall constitute
direct contempt of court;
The submission of a fake
certification under par. 2 of the
Circular shall likewise constitute
contempt of court, without
prejudice to the filing of a
criminal action against the guilty
party. The lawyer may also be
subjected
to
disciplinary
proceedings.
CANON 13: AVOIDING IMPROPRIETY
THAT TENDS TO INFLUENCE THE COURT
A lawyer shall rely upon the
merits of his cause and refrain from any
impropriety which tends to influence, or
gives the appearance of influencing the
court.
A lawyer shall not extend
extraordinary attention or hospitality to,
nor seek opportunity for cultivating
familiarity with judges [Rule 13.01, Code
of Professional Responsibility]
A lawyer shall not make public
statements in the media regarding a
pending case tending to arouse public
opinion for or against a party. [Rule
13.02,
Code
of
Professional
Responsibility]
A lawyer shall not brook nor invite
interference by another branch or agency of
the government in the normal course of
judicial proceedings. [Rule 13.03 Code of
Professional Responsibility]
ATTORNEY-CLIENT
RELATIONSHIP
NATURE OF RELATION
1.
strictly personal;
2.
highly confidential and
fiduciary
GENERAL
RULES
PROTECTING
ATTORNEY-CLIENT RELATIONSHIPS
1. Best efforts must be exerted by
the attorney to protect his
client’s interest;
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
19
MEMORY AID
2. The attorney must promptly
account for any fund or property
entrusted by or received for his
client;
3. An attorney cannot purchase his
client’s property or interest in
litigation;
4. The privacy of communications
shall at all times be upheld;
5. An attorney cannot represent a
party whose interest is adverse
to that of his client even after
the termination of the relation.
CREATION OF RELATION: FORMS OF
EMPLOYMENT AS COUNSEL TO A CLIENT
1. Oral – when the counsel is employed
without a written agreement, but
the conditions and amount of
attorney’s fees are agreed upon.
2.
Express − when the
terms and conditions including
the amount of fees, are
explicitly stipulated in a written
document which may be a
private or public document.
Written contract of attorney’s
fees is the law between the
lawyer and the client.
3.
Implied – when there is
no agreement, whether oral or
written, but the client allowed
the lawyer to render legal
services not intended to be
gratuitous without objection,
and the client is benefited by
reason thereof.
Note: While a written agreement for
professional services is the best evidence
to show the relation, formality is not an
essential element of the employment of
an attorney. The absence of a written
contract will not preclude a finding that
there is a professional relationship.
Documentary formalism is not an
essential element in the employment of
an attorney; the contract may be
express or implied.
ADVANTAGES OF A WRITTEN CONTRACT
BETWEEN THE LAWYER AND THE
CLIENT:
1.
It is conclusive as to the
amount of compensation.
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
2. In case of unjustified dismissal of an
attorney, he shall be entitled to
recover from the client full
compensation stipulated in the
contract [RA 636].
CANON 14: NOT TO REFUSE HIS
SERVICES TO THE NEEDY
RIGHT TO DECLINE EMPLOYMENT;
EXCEPTIONS
 General Rule: A lawyer is not obliged
to act as legal counsel for any person
who may wish to become his client. He
has the right to decline employment.
 Exceptions:
1. A lawyer shall not refuse his
services to the needy.
2. He 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.
3. He shall not decline, except for
serious and sufficient cause like
(1) if he is not in a position to
carry
out
effectively
or
competently; (2) if he labors
under a conflict of interest
between
him
and
the
prospective client or between a
present and prospective client.
Reasons: IBP Guidelines, Art.1, Sec. 1.
Public Service:
1. Legal aid is not a matter of
charity but a public responsibility.
2. It is a means for correction of
social imbalance.
3. Legal aid offices must be so
organized as to give maximum
possible assistance to indigent and
deserving
members
of
the
community
and
to
forestall
injustice.
DUTY TO DECLINE EMPLOYMENT
A
lawyer
should
decline
professional employment even though
how attractive the fee offered may be if
its acceptance will involve:
1. A violation of any of the rules of
the legal profession.
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
20
2005 CENTRALIZED BAR OPERATIONS
2. Nullification of a contract which
he prepared.
3. Advocacy in any matter in which
he had intervened while in the
government service.
4. Employment, the nature of
which might easily be used as a
means
of
advertising
his
professional services or his skill.
5. Employment with a collection
agency which solicits business to
collect claims.
6. Any matter in which he knows or
has reason to believe that he or
his partner will be an essential
witness for the prospective
client.
injure the opposite party or to
work oppression or wrong.
However, a lawyer may accept a
losing civil case provided that, in so
doing, he must not engage in dilatory
tactics and must advise his client about
the prospects and advantage of settling
the case through a compromise.
ETHICAL CONSIDERATIONS IN TAKING A
BAD CASE
In a Criminal Case: A lawyer may accept
a losing criminal case because every
accused is presumed innocent and is
entitled to counsel.
Duty of a Lawyer to His Client in Case
There is Conflict of Interest
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 15.01]
It is the duty of a lawyer at the
time of retainer to disclose to the client
all circumstances of his relations to the
parties and any interest in connection
with the controversy, which might
influence the client in the selection of
counsel.
It is unprofessional to represent
conflicting interests, except by express
consent of all concerned given after a
full disclosure of facts.
Within the
meaning of this Canon, a lawyer
represents conflicting interests when, in
behalf of one client it is his duty to
contend for that which duty to another
client requires him to oppose.
In a Civil Case: The rules and ethics of
the profession enjoin a lawyer from
taking a bad case.
Reasons:
1. The attorney’s signature in every
pleading constitutes a certificate
by him that there is good cause
to support it and that it is not
interposed for delay, and willful
violation of such rule shall
subject him to disciplinary
action.
2. It is the attorney’s duty to
“counsel or maintain such
actions or proceedings only as
appear to him to be just and
only such defenses as he believes
to be honestly debatable under
the law.”
3. A lawyer is not to encourage
either the commencement or the
continuance of an action or
proceeding, or delay any man’s
cause, for any corrupt motive or
interest.
4. A lawyer must decline to
conduct a civil cause or to make
a defense when convinced that it
is intended merely to harass or
LAWYER’S DUTIES TO CLIENT
CANON 15: CANDOR, FAIRNESS AND
LOYALTY IN HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS
CONFLICT OF INTEREST
Tests to Determine Conflicting
Interests
1. Will the attorney be
required to contest for that
which his duty to another
client requires him to
oppose? (Conflicting duties)
2. Will the acceptance of a
new relation invite suspicion
and/or actually lead to
unfaithfulness or doubledealing towards another
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
21
MEMORY AID
client?
(Invitation
of
suspicion)
3. Will the attorney be
called upon in his new
relation to use against his
first client any knowledge
acquired in the previous
employment? (Use of prior
knowledge obtained)
INSTANCES WHEN A LAWYER IS
CONSIDERED HAVING CONFLICTING
DUTIES
1. As an employee of a corporation
whose duty is to attend legal
affairs, he cannot join a labor
union of employees in that
corporation;
2. As a lawyer who investigated an
accident as counsel for an
insurance, he cannot represent
the injured person;
3. As a receiver of a corporation,
he
cannot
represent
the
creditor;
4. As a representative of the
obligor, he cannot represent the
obligee;
5. As a lawyer representing a party
in a compromise agreement, he
cannot be subsequent lawyer
representing another client who
seeks to nullify the agreement;
Effects
of
Representing
Adverse
Interests
1.
Disqualification
as
counsel of new client on petition
of former client.
2.
Where such is unknown
to, and becomes prejudicial to
the interests of the new client, a
judgment against such may, on
that ground, be set aside.
3.
A lawyer can be held
administratively liable through
disciplinary action and may be
held
criminally
liable
for
betrayal of trust.
4.
The attorney’s right to
fees may be defeated if found to
be related to such conflict and
such was objected to by the
former client, or if there was a
concealment and prejudice by
reason of the attorney’s previous
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
professional relationship
the opposite party.
with
 CASE: Jurisprudence instructs that
there is a representation of conflicting
interests if the acceptance of the new
retainer will require the attorney to do
anything which will injuriously affect his
first client in any matter in which he
represents him and also whether he will
be called upon in his new relation, to
use against his first client any knowledge
acquired through their connection.
Another test to determine if there is a
representation of conflicting interests is
whether the acceptance of a new
relation will prevent an attorney from
the full discharge of his duty of
undivided fidelity and loyalty to his
client
or
invite
suspicion
of
unfaithfulness or double dealing in the
performance thereof. (Pormento, Sr. vs.
Atty. Pontevedra, A.C. No. 5128, March
31, 2005)
CANON 16: LAWYER’S DUTY TO HOLD
IN TRUST ALL THE MONEY AND
PROPERTY OF HIS CLIENT THAT MAY
COME TO HIS POSSESSION
PROHIBITION AGAINST PURCHASE OF
PROPERTY IN LITIGATION
Elements of Prohibition
1. There is an attorney-client
relationship;
2. The property is in litigation;
3. The attorney is the counsel of
record in the case;
4. The attorney, by himself or
through an agent, purchases such
property during the pendency of
said case [Art. 1491 of the Civil
Code]
Other Instances Where Rule is
Inapplicable
1. Where the property purchased
by a lawyer was not involved in
litigation.
2. Where the sale took place before
it became involved in the suit.
3. Where the attorney at the time
of the purchase was not counsel
in the case.
4. Where the purchaser of the
property in litigation was a
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
22
2005 CENTRALIZED BAR OPERATIONS
corporation even though the
attorney was an officer thereof.
5. Where the sale took place after
the termination of the litigation.
6. A lawyer may accept an
assignment from his client of a
money judgment rendered in the
latter’s favor in a case in which
he was not counsel, in payment
of his professional services
performed in another case.
7. Prohibition is inapplicable to a
contract for attorney’s fees
contingent upon the outcome of
the litigation.
CANON 17: FIDELITY TO THE CAUSE OF
HIS CLIENT AND MINDFUL OF THE
TRUST AND CONFIDENCE REPOSED IN
HIM
 CASE: Ordinarily, lawyers are not
obliged to act either as advisers or as
advocates of any person who may wish to
become their client. They may decline
employment and refuse to accept
representation, if they are not in a
position to carry it out effectively or
competently. But once they agree to
handle a case, attorneys are required by
the Canons of Professional Responsibility
to undertake the task with zeal, care
and utmost devotion.
Acceptance of money from a
client establishes an attorney-client
relationship and gives rise to the duty of
fidelity to the client’s cause. Every case
accepted by a lawyer deserves full
attention,
diligence,
skill
and
competence, regardless of importance.
(Rollon vs. Atty. Naraval, A.C. No. 6424,
March 4, 2005)
CANON 18: SERVE CLIENT WITH
COMPETENCE AND DILIGENCE
DUTY TO PROTECT CLIENT’S INTEREST
The attorney’s duty to
safeguard
the
client’s
interests
commences from his retainer until his
effective release from the case or the
final disposition of the whole subject
matter of the litigation. During that
period he is expected to take such
reasonable steps and such ordinary care
as his client’s interests may require.
PREPARATION OF PLEADINGS
A lawyer shall not handle any
legal matter without any adequate
preparation. (Rule 18.02)
A lawyer should prepare his
pleading
with
great
care
and
circumspection. He should refrain from
using abrasive and offensive language,
for it merely weakens rather than
strengthens the force of legal reasoning
and detracts from its persuasiveness. In
preparing a complaint for damages,
counsel for plaintiff should allege and
state the specific amounts claimed not
only in the body of the complaint but
also in the prayer, so that the proper
docket fees can be assessed and paid.
DUTY
TO
KEEP
CLIENT
FULLY
INFORMED
A lawyer shall keep the client
informed of the status of his case. (Rule
18.04)
He should notify his client of an
adverse decision while within the period
to appeal to enable his client to decide
whether to seek an appellate review. He
should
communicate
with
him
concerning the withdrawal of appeal
with all its adverse consequences. The
client is entitled to the fullest disclosure
of the mode or manner by which his
interest is defended or why certain steps
are taken or omitted.
Doctrine of Imputed Knowledge − the
knowledge acquired by an attorney
during the time that he is acting within
the scope of his authority is imputed to
the client.
It is based on the assumption
that an attorney, who has notice of
matter affecting his client, has
communicated the same to his principal
in the course of professional dealings.
The doctrine applies regardless of
whether or not the lawyer actually
communicated to the client what he
learned in his professional capacity, the
attorney and his client being one
juridical person.
Exceptions to the Rule that Notice to
Counsel is Notice to Client
1. If strict application might foster
dangerous collusion to the
detriment of justice.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
23
MEMORY AID
2. Service of notice upon party
instead of upon his attorney is
ordered by court.
3. Notice of pre trial is required to
be served upon parties and their
respective lawyers.
4. In appeal from the lower court
to the RTC, upon docketing of
appeal.
DUTY WHEN THE ACCUSED INTENDS TO
PLEAD GUILTY
A PLEA OF GUILTY is an
admission by the accused of his guilt of
crime as charged in the information and
of the truth of the facts alleged,
including the qualifying and aggravating
circumstances.
It is the duty of the defense
counsel when his client desires to enter
a plea of guilty to: (ACEPA)
1. Fully acquaint himself with the
records
and
surrounding
circumstances of the case
2. Confer with the accused and
obtain from him his account of
what had happened
3. Advise him of his constitutional
rights
4. Thoroughly explain to him the
import of a guilty plea and the
inevitable conviction that will
follow
5. See to it that the prescribed
procedure which experience has
shown to be necessary to the
administration of justice is
strictly followed and disclosed in
the court records.
DUTY TO COMPLY WITH CLIENT’S
LAWFUL REQUEST
A client shall respond within a
reasonable time to the client’s request
for information. (Rule 18.04)
A lawyer should endeavor to
seek instruction from his client on any
substantial matter concerning the
litigation, which may require decision on
the part of the client, such as whether
to compromise the case or to appeal an
unfavorable judgment. He should give
his client sound advice on any such and
similar matters and comply with the
client’s lawful instructions relative
thereto. He should resist and should
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
never follow any unlawful instruction of
his client.
CANON 19: DUTY TO REPRESENT
CLIENT WITH ZEAL AND WITHIN THE
BOUNDS OF THE LAW
DUTY TO RESTRAIN CLIENT FROM
IMPROPRIETY
A lawyer should use his best
efforts to restrain and to prevent his
client from doing those things which he
himself ought not to do, particularly
with reference to the conduct toward
the court, judicial officer, witness and
suitor and if the client persists in such
wrong doing, the lawyer should
terminate their relation.
Duty to Advice Candidly
As officers of the court, counsels
are under obligation to advise their
clients against making untenable and
inconsistent claims. The counsel should
inform his client and dissuade him from
filing the case if totally devoid of merit.
If he finds that his client’s cause as fairly
meritorious and ripe for judicial
adjudication, he should refrain from
making bold and confident assurances of
success.
Duty of Lawyer in Case of Knowledge of
Client’s Fraud
1. He must promptly call
upon the client to rectify the same
and failing which,
2. He
shall
terminate
their
relationship with such client in
accordance with the Rules of Court.
AUTHORITY OF A LAWYER
Appearance- the coming into court as a
party either as a plaintiff or as a
defendant and asking relief therefrom.
By virtue of Sec. 20, Rule 14 of
the 1997 Rules of Civil Procedure, there
is no more distinction between general
appearance and special appearance, in
the sense that a defendant may file a
motion to dismiss not only on the ground
of lack of jurisdiction over his person but
also on some other grounds without
waving the jurisdiction of the court over
his person.
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
24
2005 CENTRALIZED BAR OPERATIONS
Presumption of Authority
An attorney is presumed to be
properly authorized to represent any
cause in which he appears in all stages of
the litigation and no written authority is
required to authorize him to appear.
The presumption is a strong one.
A mere denial by a party that he has
authorized an attorney to appear for
him, in the absence of compelling
reason, is insufficient to overcome the
presumption especially when the denial
comes after the rendition of an adverse
judgment.
Effects of an Unauthorized Appearance
1. Party is not bound by the
attorney’s appearance in the
case in or by the judgment
rendered therein.
2. Court
does
not
acquire
jurisdiction over the person.
3. The adverse party who has been
forced to litigate as a defendant
by the unauthorized action on
the part of the attorney for the
plaintiff may, on that ground,
move for the dismissal of the
complaint.
4. If unauthorized appearance is
willful, attorney may be cited
for contempt as an officer of the
court who has misbehaved in his
official transactions, and he may
be disciplined for professional
misconduct.
Ratification of Unauthorized
Appearance
1. EXPRESS: categorical assertion
by client that he has authorized
a lawyer or that he confirms his
authorization to represent him in
the case.
2. IMPLIED: where a party with
knowledge of the fact that a
lawyer has been representing
him in a case, accepts benefits
of representation or fails to
promptly repudiate the assumed
authority.
Requisites for Implied Ratification by
Silence
1. Party represented by lawyer
must be of age, competent or if
suffers from disability, has
guardian or legal representative.
2. Party or guardian is aware of
attorney’s representation.
3. He fails to promptly repudiate
assumed authority.
Authority of Attorney in the Conduct of
Litigation
A lawyer has authority to bind
the client in all matters of ordinary
judicial procedure. He can bind his
client on substantial matters only with
the client’s express or implied consent.
A client may waive, surrender,
dismiss, or compromise any of his rights
involved in a litigation in favor of the
other party even without or against the
consent of his attorney.
Authority to Compromise
Compromise- a contract whereby the
parties,
by
making
reciprocal
concessions, avoid a litigation or put an
end to one already commenced.
 General Rule: The attorney has no
authority to compromise his client’s
case.
Reason: Because the client, even if
represented by counsel, retains exclusive
control over the subject matter of the
litigation. The client can, of course,
authorize his lawyer to compromise his
case, and the settlement made by the
lawyer will bind his client.
 Exception: Where the lawyer is
confronted with an emergency and
prompt, urgent action is necessary to
protect the interest of his client and
there is no opportunity for consultation
with him.
Mistakes or Negligence of Lawyer
Binding Upon Client
General Rule: Client is bound by
attorney’s conduct, negligence and
mistake in handling case or in
management of litigation and in
procedural technique, and he can not be
heard to complain that result might have
been different had his lawyer proceeded
differently.
 Exceptions:
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
25
MEMORY AID
1. Where adherence thereto results
in outright deprivation of client’s
liberty or property or where
interest of justice so requires.
2. Where error by counsel is purely
technical which does not affect
substantially client’s cause.
3. Ignorance,
incompetence
or
inexperience of lawyer is so
great and error so serious that
client, who has good cause
prejudiced and denied a day in
court.
4. Gross negligence of lawyer.
5. Lack of acquaintance with
technical part of procedure.
CANON 20: DUTY OF THE LAWYER TO
CHARGE ONLY FAIR AND REASONABLE
FEES
ATTORNEY’S FEES
Factors in Determining Attorney’s Fees
(Rule 20.1, Canon 20) (TINSAP²C³)
1. time spent and the extent of the
services rendered or required;
2. novelty and the difficulty of the
questions involved;
3. importance of the subject
matter;
4. skill demanded;
5. probability of losing other
employment as a result of the
acceptance of the proffered
case;
6. customary charges for similar
services and the schedule of fees
of the IBP Chapter to which he
belongs;
7. amount
involved
in
the
controversy and the benefits
resulting to the client from the
service;
8. contingency or certainty of
compensation;
9. character of the employment
whether
occasional
or
established; and
10. the professional standing of the
lawyer.
Two Concepts of Attorney’s Fees
LEGAL ETHICS
AND
IN
LEGAL ETHICS
1.
2.
AND
PRACTICAL EXERCISES
Ordinary- it is the reasonable
compensation paid to the lawyer
for the legal services he had
rendered the client. The basis
of this compensation is the fact
of employment by the client.
Extraordinary- an indemnity for
damages ordered by the court to
be paid by the losing party to the
prevailing party in a litigation.
The basis of this is any of the
cases authorized by law and is
payable not to the lawyer but to
the client unless they have
agreed that the award shall
pertain to the lawyer as
additional compensation or as
part thereof.
Kinds of Payment which may be
Stipulated Upon
1.
FIXED OR ABSOLUTE
FEE – which is payable regardless
of the result of the case.
2.
CONTINGENT FEE – that
is conditioned on the securing of
a
favorable
judgment
and
recovery of money or property
and the amount of which may be
on a percentage basis.
3.
A fixed fee payable PER
APPEARANCE.
4.
A fixed fee computed
upon the NUMBER OF HOURS
SPENT
5.
A fixed fee based on
PIECEWORK.
6.
COMBINATION of any of
the above.
RETAINER- may refer to either of two
concepts:
1. Act of a client by which he
engages the services of an
attorney to render legal advice or
to defend or prosecute his cause
in court.
2. Fee which a client pays to
the attorney
Kinds of Retainer Agreements
1.
General retainer – the
fee paid to a lawyer to secure
his future services as “general
counsel” for any ordinary legal
problem that may arise in the
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
26
2005 CENTRALIZED BAR OPERATIONS
ordinary business of the client
and referred to him for legal
action. The client pays fixed
retainer fees, which could be
monthly or otherwise. The fees
are paid whether or not there
are cases referred to the lawyer.
2.
Special retainer – fee
for a specific case or service
rendered by the lawyer for the
client.
Situations
when
Counsel
cannot
Recover the Full Amount of Attorney’s
Fees Despite Written Contract
1. When the services called for were
not performed as when the lawyer
withdrew before the case was
finished. He will be allowed only
reasonable fees
2. When there is a justified dismissal of
the attorney, the contract will be
nullified and payment will be on the
basis of quantum meruit only. A
contrary stipulation will be invalid.
3.
When the stipulated
attorney’s
fees
are
unconscionable i.e., when it is
disproportionate as compared to
the value of services rendered
and is revolting to human
conscience.
4.
When the stipulated
attorney’s fees are in excess of
what is expressly provided by
law.
5.
When the lawyer is guilty
of fraud or bad faith toward his
client in the matter of his
employment
6.
When
the
counsel’s
services are worthless because of
h is negligence.
7.
When contract is illegal,
against morals or public policy.
8.
Serving adverse interest
unless lawyer proves that it was
with the consent of both parties.
Quantum Meruit − means as much as the
lawyer deserves or such amount as his
services merit.
Guides for Determining Attorney’s Fees
on Quantum Meruit Basis (TINS)
1.
Time spent and extent of
the
services
rendered
or
required – a lawyer is justified in
fixing higher fees when the case
is so complicated and requires
more time and effort to finish it.
2.
Novelty and difficulty of
questions involved – when the
questions in a case are novel and
difficult, greater effort, deeper
study and research are bound to
burn the lawyer’s time and
stamina considering that there
are no local precedents to rely
upon
3.
Importance of subject
matter − the more important the
subject matter or the bigger the
value of the interest of property
in litigation, the higher is the
attorney’s fees
4.
Skill demanded of a
lawyer − the totality of the
lawyer’s experience provides
him the skill and competence
admired in lawyers.
Instances of Recovery of Attorney’s
Fees on the Basis of Quantum Meruit
1.
There is no express
contract
for
payment
of
attorney’s fees agreed upon
between the lawyer and the
client.
2.
When although there is a
formal contract for attorney’s
fees, the fees stipulated are
found unconscionable.
3.
When the contract for
attorney’s fees is void due to
formal matter.
4.
When
for
justifiable
cause the lawyer was not able to
finish the case.
5.
When the lawyer and the
client disregard the contract for
fees.
6.
When
the
client
dismissed his counsel before the
termination of the case or the
latter withdrew therefrom for
valid reasons.
Champertous Contract - one where the
lawyer stipulates with his client in the
prosecution of the case that he will bear
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
27
MEMORY AID
all of the expenses for the recovery of
things or property being claimed by the
client, and the latter agrees to pay the
former a portion of the thing or property
recovered as compensation. It is void
for being against public policy.
☛ CONTINGENT
CHAMPERTOUS
vs.
CONTINGENT
CONTRACT
1. Contingent
fee
is
payable
in
cash
2. Lawyers do
not undertake to
pay all expenses
of litigation
CHAMPERTOUS
CONTRACT
1. Payable in
kind ONLY
3. Not prohibited
3. Void
2.Lawyers
undertake to pay
all expenses of
litigation
Enforcement of Attorney’s Fees
 General Rule: A lawyer should avoid
the filing of any case against client for
enforcement of attorney’s fees
 Exceptions:
1.
to prevent imposition
2.
to prevent injustice
3.
to prevent fraud
Who are Entitled to Attorney’s Fees
 General Rule: Only lawyers are
entitled to attorney’s fees. The same
cannot be shared with a non-lawyer. It is
immoral.
 Exceptions:
A lawyer may divide a fee for legal
services with persons not licensed to
practice law: (CPR)
1.
a lawyer undertakes to
complete
unfinished
legal
business of a deceased lawyer;
2.
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;
3.
a lawyer or law firm
includes non-lawyer employees
in retirement plan, even if the
plan is based in whole or in part
on the profit sharing agreement
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
Effect of Nullity of Contract on the
Right to Attorney’s Fees
1.
if the nullification is due
to the illegality of its object,
the lawyer is precluded from
recovering;
2.
if the nullity is due to a
formal defect or because the
court has found the amount to
be unconscionable, the lawyer
may recover for any services
rendered based on quantum
meruit.
Instances When an Independent Civil
Action to Recover Attorney’s Fees is
Necessary
1.
Main action is dismissed
or nothing is awarded;
2.
Court has decided that it
has no jurisdiction over the
action or has already lost it;
3.
Person
liable
for
attorney’s fees is not a party to
the main action;
4.
Court reserved to the
lawyer the right to file a
separate civil suit for recovery of
attorney’s fees;
5.
Services for which the
lawyer seeks payment are not
connected with the subject
litigation;
6.
Judgment debtor has
fully paid all of the judgment
proceeds to the judgment
creditor and the lawyer has not
taken any legal step to have his
fees paid directly to him from
the judgment proceeds.
Compensation to Which a Lawyer is
Entitled to Depending on His Capacity
1.
Counsel de Parte - He is
entitled
to
a
reasonable
attorney’s fees agreed upon or in
the
absence
thereof,
on
quantum meruit basis.
2.
Counsel de Oficio - The
counsel may not demand from
the accused attorney’s fees even
if he wins the case. He may
however
collect
from
the
government funds if available
based on the amount fixed by
the court.
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
28
2005 CENTRALIZED BAR OPERATIONS
3. Amicus Curiae - not entitled to
attorney’s fees
ATTORNEY’S LIEN
Charging Lien - is an equitable right to
have the fees and lawful disbursements
due a lawyer for his services in a suit
secured to him out of the judgment for
the payment of money and executions
issued in pursuance thereof in the
particular suit.
Requisites of a Charging Lien
1. Existence
of
a
client-lawyer
relationship;
2. The attorney has rendered services;
3. Favorable judgment secured by the
counsel for his client which
judgment is a money judgment;
4. The attorney has a claim for
attorney’s fees or advances;
5. Noting into the records of the case
through the filing of an appropriate
motion of the statement of the
lawyer’s claim for attorney’s fee
with copies furnished to the client
and adverse party.
Retaining Lien – a right merely to retain
the funds, documents, and papers as
against the client until the attorney is
fully paid his fees.
Requisites: (ALU)
1. Attorney-client relationship;
2. Lawful possession by the lawyer of
the client’s funds, documents and
papers in his professional capacity;
3. Unsatisfied claim for attorney’s fees
RETAINING LIEN VS.CHARGING LIEN
Point
of
Distinction
Retaining
Lien
Charging
Lien
1. Nature
Passive
Lien. It
cannot be
actively
enforced. It
is a general
lien.
2. Basis
Lawful
possession
Active
Lien. It can
be
enforced
by
execution.
It is a
special
lien.
Securing of
a favorable
3. Coverage
4. Effect
of papers,
documents,
property
belonging to
the client.
Covers
papers,
documents,
and
properties
in the
lawful
possession
of the
attorney by
reason of
his
professional
employment
.
As soon as
the attorney
gets
possession
of the
papers,
documents,
or property.
5. Notice
Client need
not be
notified to
make it
effective.
6. Applicabil
ity
May be
exercised
before
judgment or
execution or
regardless
thereof.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
money
judgment
for the
client.
Covers all
judgment
for the
payment of
money and
execution
issued in
pursuance
of such
judgments.
As soon as
the claim
for
attorney’s
fees had
been
entered
into the
records of
the case.
Notice
must be
served
upon client
and
adverse
party
Generally,
exercisable
only when
the
attorney
had already
secured a
favorable
judgment
for his
client.
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
29
MEMORY AID
7.Extinguishment
When
possession
lawfully
ends when
as lawyer
voluntarily
parts with
funds,
documents,
and papers
of client or
offers them
as evidence.
When
client loses
action as
lien may
only be
enforced
against
judgment
awarded in
favor of
client,
proceeds
thereof/
executed
thereon.
CANON 21: PRIVILEGED
COMMUNICATION
Requisites:
1. There exists an attorney and client
relationship or a kind of consultancy
relationship with a prospective
client. That is, legal advise is what is
sought;
2. The communication was made by the
client to the lawyer in the course of
the
lawyer’s
professional
employment; and
3. The
communication
must
be
intended to be confidential. [Uy
Chico vs. Union Life Association
Society, 29 Phil 163]
Purposes:
To encourage a client to make a full
disclosure of the facts of the
case to his counsel without fear;
To allow the lawyer freedom to
obtain full information from his
client.
Characteristics:
1. A-C privilege where legal advice
is professionally sought from an
attorney.
2. The client must intend the above
communication
to
be
confidential.
3. A-C privilege embraces all forms
of communication and action.
4. As general rule, A-C privilege
also extends to the attorney’s
secretary, stenographer, clerk or
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
agent with reference to any fact
required in such capacity.
5. The above duty is perpetual and
is absolutely privileged from
disclosure.
Exceptions to the Privilege
1. When there is consent or waiver
of client.
2. When disclosure is required by
law.
3. When disclosure is made to
protect the lawyer’s rights (i.e.,
to collect his fees or defend
himself, his employees or
associates or by judicial action).
4. When such communications are
made in contemplation of a
crime or the perpetuation of a
fraud
LAWYER AS WITNESS
A lawyer shall avoid testifying in
behalf of his client.
Reason: The function of a witness is
to tell the facts as he recalls them in
answer to questions. The function of an
advocate is that of a partisan. It is
difficult to distinguish between the zeal
of an advocate and the fairness and
impartiality of a disinterested witness.
 Instances when a lawyer may NOT
testify as a witness in a case which he is
handling for a client:
1. When such would adversely
affect any lawful interest of the
client with respect to which
confidence has been reposed on
him;
2. Having accepted a retainer, he
cannot be a witness against his
client;
3. He cannot serve conflicting
interests;
4. When he is to violate the
confidence of his client;
5. When as an attorney, he is to
testify on the theory of the case.
 Instances when a lawyer may testify
as a witness in a case which he is
handling for a client:
1.
On formal matters, such
as the mailing, authentication or
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
30
2005 CENTRALIZED BAR OPERATIONS
custody of an instrument and the
like;
2.
Acting as an expert on
his fee;
3.
Acting as an Arbitrator;
4.
Deposition;
5.
On substantial matters in
cases where his testimony is
essential to the ends of justice,
in which event he must, during
his testimony, entrust the trial
of the case to another counsel.
INTERVIEWING WITNESSES
Witness- human instrumentality through
which the law and its ministers, the
judges and lawyers, endeavors to
ascertain the truth and to dispense
justice to the contending parties.
1. A lawyer may interview a witness
in advance of trial to guide him
in the management of the
litigation.
2. A lawyer may also interview a
prospective witness for the
opposing side in any civil or
criminal action without the
consent of the opposing counsel
or party.
3. A lawyer may properly obtain
statements
from
witnesses
whose names were furnished by
the
opposing
counsel
or
interview the employees of the
opposing party even though they
are under subpoena to appear as
witnesses for the opposite side.
4. If after trial resulting in
defendant’s
conviction,
his
counsel has been advised that a
prosecution
witness
has
committed perjury, it is not only
proper but it is the lawyer’s duty
to endeavor honorably to obtain
such witness’ retraction, even
without advising the public
prosecutor of his purpose and
even though the case is pending
appeal.
An adverse party, though he may be
used as a witness, is not, however, a
witness within the meaning of the rule
permitting a lawyer to interview the
witness of the opposing counsel.
CANON 22: WITHDRAWAL OF SERVICES
TERMINATION OF
RELATIONSHIP
ATTORNEY-CLIENT
Instances When a Counsel Can
Withdraw His Services
1. When the client pursues an illegal or
immoral course or conduct in
connection with the case he is
handling;
2. When the client insists that the
lawyer pursue conduct violative of
the
Code
of
Professional
Responsibility;
3. When his inability to work with cocounsel will not promote the best
interest of the client;
4. When the mental or physical
condition of the lawyer renders it
difficult for him to carry on the
employment effectively;
5. When the client deliberately fails to
pay the fees for the services or fails
to comply with the retainer
agreement;
6. When the lawyer finds out that he
might be appearing for a conflicting
interest;
(Note: In all the above cases, the lawyer
must file a written motion with an
express consent of his client and must
wait for the approval of the court.)
7. When the lawyer is elected or
appointed to public office;
8. Other similar cases [Canon 22 Rule
22.01]
NOTE: A lawyer may withdraw as
counsel only with the conrent of the
client and with leave of court, and only
for good cause enumerated in Rule 22.01
of
the
Code
of
Profdssional
Responsibility.
The relation of attorney-client
relationship is strictly personal and
highly
confidential
and
fiduciary.
Necessity and public interest require
that it be so.
Discharge of the Attorney by Client
The client has the right to
terminate at any time WITH OR
WITHOUT JUST CAUSE.
Just cause is material only in
determining compensation.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
31
MEMORY AID
Without just cause
➝ And no express written
agreement as to fees −
reasonable value of his
services up to the date of his
dismissal (quantum meruit)
➝ And there is written
agreement and the fee
stipulated is absolute and
reasonable − full payment of
compensation
➝ And the fee stipulated is
contingent
→ If
dismissed
before
the
conclusion of the
action − reasonable
value of his services
(quantum meruit)
→ If
contingency
occurs
or
client
prevents
its
occurrence − full
amount
(Note: lawyer should question his
discharge, otherwise he will be allowed
to recover on quantum meruit basis.)
With just cause
Lawyer
is
not
necessarily
deprived of his right to be paid for his
services. He may only be deprived of
such right if the cause for his dismissal
constitutes in itself a sufficient legal
obstacle to recovery.
Limitations of Client’s Right to
Discharge His Counsel
1.
Client cannot deprive
counsel of his right to be paid for
services rendered if dismissal is
without cause;
2.
Client cannot discharge
counsel as an excuse to secure
repeated extensions of time;
3.
Notice
of
discharge
required in so far as court and
adverse party are concerned.
Duties of a Discharged Lawyer or One
Who Withdraws
1. Immediately turn-over all papers and
property to which the client is
entitled;
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
2. To cooperate with the succeeding
lawyer in the orderly transfer of the
case.
Conditions for Substitution of Counsel
1. Written request for such substitution
2. Written consent of the client
3. Written consent of the attorney to
be substituted or in the absence
thereof, proof of service of notice of
said motion to the attorney to be
substituted.
LIABILITIES OF A LAWYER
LIABILITY FOR DAMAGES
Requisites
1.
Attorney - client
relationship
2.
Want of reasonable care
& diligence
3.
Injury sustained by client
as proximate result thereof.
Kinds of Damages
1.
Nominal – where client
lost
the
litigation
as
a
consequence of lawyer’s gross
omission or negligence.
2.
Actual/compensatory
3.
Moral Damages
4.
Attorney’s fees
(Note: for nos. 2-4 there should be
showing that had the lawyer exercised
due diligence client would have
succeeded in recovering from adverse
party.)
Liability for Breach of Fiduciary
Obligation
Lawyer holds his client’s funds or
property in trust for clients and is
obliged to make an accounting of such
funds that come to his possession.
Effect of Failure to Return Client’s
Money or Property After Demand
1. Presumption
that
he
misappropriated the same
2. Civilly liable in favor of client
3. Criminal liability
4. Administrative liability
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
32
2005 CENTRALIZED BAR OPERATIONS
Remedy of Client
Recover property from lawyer
together with its fruits, subject to
client’s returning to his lawyer purchase
price & legal interest.
Libelous Words in Pleadings
A lawyer is exempted from
liability for slander, libel or otherwise
defamatory, published in course of
judicial
proceedings,
PROVIDED
statements
are
connected
with,
relevant, pertinent and material to
cause in hand or subject of inquiry
Test of Relevancy
The matter to which the
privilege does not extend must be
palpably wanting in relation to subject
of controversy, that no reasonable man
can doubt its relevancy or propriety.
Pleadings should contain plain
and concise statements of material facts
and if pleader goes beyond requisites of
law and alleges irrelevant matter which
is libelous, he loses his privilege and may
be liable in separate suit.
Liability for Costs of Suit
 General Rule: Losing client and not
the lawyer is liable for costs of suit in
favor of prevailing party, lawyer not
being party-litigant.
 Exception: Where the lawyer insisted
on client’s patently unmeritorious case
or interposed appeal to delay litigation
or thwart prompt satisfaction of
prevailing party’s just and valid claim,
court may adjudge lawyer to pay treble
costs of suit.
CRIMINAL LIABILITY
A lawyer may be held criminally
liable if he commits any of the
following:
1. Causing prejudice to client thru
malicious breach of professional
duty
or
thru
inexcusable
negligence or ignorance.
2. Revealing
client’s
secrets
learned in lawyer’s professional
capacity thru malicious breach of
professional duty or inexcusable
negligence or ignorance.
Specific Acts which May Result to
Criminal Liability
1.
A
lawyer
who
has
undertaken the defense of client
or has received confidential
information from said client in a
case may be criminally liable for
undertaking defense of opposing
party in same cause without
consent of first client.[Art. 209,
RPC]
2.
A lawyer who shall
knowingly introduce in evidence
in any judicial proceeding or to
the damage of another or who,
with intent to cause such
damage, shall use any false
document may be held criminally
liable therefor. [Art.172, RPC]
3.
A
lawyer
who
misappropriates
his
client’s
funds may be held liable for
estafa.
CONTEMPT OF COURT
Nature
It is exercised on preservative
and not on vindictive principle and on
corrective rather than the retaliatory
idea of punishment, for purposes that
are impersonal. It is criminal in nature.
The power to punish for
contempt is inherent in all courts. It is
essential in the observance of order in
judicial proceedings and to enforcement
of judgment, orders and writs.
Kinds of Contempt
1.
Direct
Contempt
−
consists of misbehavior in the
presence of or so near a court or
judge as to interrupt or obstruct
the proceedings before the court
or the administration of justice
2.
Indirect or Constructive
Contempt − one committed away
from
the
court
involving
disobedience of or resistance to
a lawful writ, process, order,
judgment or command of the
court, or tending to belittle,
degrade, obstruct, interrupt or
embarrass the court
3.
Civil Contempt − failure
to do something ordered by the
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
33
MEMORY AID
court which is for the benefit of
a party
4.
Criminal Contempt
−
consists of any conduct directed
against the authority or dignity
of the court.
Acts of a Lawyer Constituting
Contempt
1.
Misbehavior as officer of
court
2.
Disobedience
or
resistance to court order
3.
Abuse or interference
with judicial proceedings
4.
Obstruction
in
administration of justice
5.
Misleading courts
6.
Making false allegation,
criticisms, insults, veiled threats
against the court
7.
Aiding in unauthorized
practice of law (suspended or
disbarred)
8.
Unlawful retention of
client’s funds
9.
Advise client to commit
contemptuous acts
III. BAR DISCIPLINE
POWER TO DISCIPLINE ERRANT
LAWYERS
1. The Supreme Court has the full
authority and power to (WARDS)
a.
Warn
1. Admonish
2. Reprimand
3. Suspend and
4. Disbar a lawyer
[Section 27, Rules 138, Rules of
Court]
2. The Court of Appeals and the
Regional Trial Courts are
empowered to (WARS)
a. Warn
b. Admonish
c. Reprimand and
LEGAL ETHICS
AND
also
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
d. Suspend an attorney who
appears before them
from the practice of law
for any of the causes
mentioned in Section 27,
Rule 138 [Section 16,
Rule 139-B].
Note: But they cannot disbar a
lawyer.
FORMS OF DISCIPLINARY
MEASURES (WARS – CD)
1. Warning – an act or fact of
putting one on his guard against
an impending danger, evil
consequences or penalties.
2. Admonition – a gentle or friendly
reproof, mild rebuke, warning or
reminder, counseling, on a fault,
error or oversight, an expression
of authoritative advice.
3. Reprimand – a public and formal
censure or severe reproof,
administered to a person in fault
by his superior officer or a body
to which he belongs.
4. Suspension
–
temporary
withholding of a lawyer’s right to
practice his profession as a
lawyer for a certain period or for
an indefinite period of time.
a.
D
efinite
b.
I
ndefinite
−qualified
disbarment;
lawyer
determines for himself
for how long or how
short his suspension shall
last by proving to court
that he is once again fit
to resume practice of
law.
5. Censure - Official reprimand.
6. Disbarment - It is the act of the
Philippine Supreme Court in
withdrawing from an attorney
the right to practice law. The
name of the lawyer is stricken
out from the roll of attorneys.
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
34
2005 CENTRALIZED BAR OPERATIONS
SUSPENSION AND DISBARMENT
Nature of Proceedings
1. NOT a civil action because there
is no plaintiff and no respondent,
involves no private interest. The
complainant is not a party and
no interest in the outcome
except as all citizens have in
proper administration of justice,
no redress for private grievance.
2. NOT a criminal prosecution
because it is not meant as a
punishment depriving him of
source of livelihood but rather to
ensure that those who exercise
the
function
should
be
competent,
honorable
and
reliable so that public may
repose confidence in them.
3. SUI GENERIS, it is a class of its
own since it is neither civil nor
criminal
4. Confidential in nature.
5. Defense of double jeopardy is
not available.
6. Can be initiated by the SC motu
propio or by the IBP. It can be
initiated without a complaint;
7. Can proceed regardless of
interest of the complainants;
8. Imprescriptible;
9. It is itself due process of law.
Reason
for
Making
Disbarment
Proceedings Confidential
To enable the Supreme Court to
make its investigation free from any
extraneous influence or interference as
well as to protect the personal and
professional reputation of attorneys and
judges from the baseless charges of
disgruntled, vindictive and irresponsible
clients and litigants. [In Re: Abistado, 57
Phil 668]
GROUNDS
FOR
SUSPENSION
OR
DISBARMENT OF MEMBERS OF THE BAR
1. Under Rule 138, Sec. 27 of the
Revised Rules of Court:
a. Deceit- is a fraudulent and
deceptive
misrepresentation,
artifice of device used by one or
more persons to deceive and
trick another, who is ignorant of
the true facts to the prejudice
and damage of the party
imposed upon. There must be
false representation as matter of
fact. (Example: Misappropriation
of client’s fund)
b. Malpractice, or other gross
misconduct in office- any
malfeasance or dereliction of
duty committed by a lawyer.
(Example: Failure of lawyer to
appeal in allowing the period of
appeal to lapse)
Legal Malpractice- consists of
failure of an attorney to use such
skill, prudence and diligence as
lawyers of ordinary skill and
capacity commonly possess and
exercise in the performance of
tasks which they undertake, and
when such failure proximately
causes damage, it gives rise to
an action in tort. [Tan Tek Beng
vs. David, 126 SCRA 389]
c. Grossly immoral conductthat conduct which is willful,
flagrant or shameless and which
shows a moral indifference to
the opinion of the good and
respectable members of the
community.
 CASE: In the case of Arciaga vs.
Maniwang [106 SCRA 591], mere
intimacy between a lawyer and a woman
with no impediment to marry each other
voluntarily cohabited and had two
children, is neither so corrupt as to
constitute a criminal act nor so
unprincipled as to warrant disbarment or
disciplinary action against the man as a
member of the bar.
d. Conviction
of a crime
involving moral turpitude
(Examples: estafa, bribery,
murder, bigamy, seduction,
abduction,
concubinage,
smuggling, falsification of
public document, violation
of B.P. 22)
e. Violation of oath of office
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
35
MEMORY AID
f. Willful disobedience of any
lawful order of a superior court
g. Corruptly
or
willfully
appearing as an attorney for a
party to a case without
authority to do so.
2. Acquisition of an interest in the
subject matter of the litigation,
either though purchase or
assignment [Art. 1491, Civil
Code]
3. Breach of professional duty,
inexcusable
negligence,
or
ignorance, or for the revelation
of the client’s secrets [Art. 208,
Revised Penal Code]
4. Representing
conflicting
interests [Art. 209, Revised
Penal Code]
Grounds
for
disbarment
NOT
EXCLUSIVE:
The statutory enumeration of the
grounds for disbarment or suspension is
not to be taken as a limitation on the
general power of courts to suspend or
disbar a lawyer. The inherent power of
court over its officers cannot be
restricted. [Quingwa vs. Puno, Admin.
Case No 398, Feb. 28, 1967] The
Supreme Court has disbarred or
suspended lawyers for reasons not found
in the statute as when their acts are
contrary to honesty or good morals or do
not approximate the highest degree of
morality and integrity expected of the
members of the bar. [Sta. Maria vs.
Tuazon, Admin. Case No. 396, July 31,
1964].
Quantum of Evidence Required: clear,
convincing and satisfactory evidence
Burden of Proof: rests on the
complainant, the one who instituted
the suit
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
BREACH OF DUTIES OF A
LAWYER
Breach of Duties to Court
1. Obstructing Administration of
justice − constitutes misconduct
and justifies disciplinary action
against him and contempt of
court.
(Example:
Forum
shopping)
2. Misleading court− knowingly
making false allegation in
pleadings, misquoting text of
documents, suppressing material
facts
3. Preferring false charges − filing
or prosecuting false charges
against another for his action is
violative of duty to do falsehood
nor consent to doing of any in
court, nor wittingly or willingly
promote or sue any false,
groundless, unlawful suit.
Requisites
αa. Charges are fake
βb. Lawyer knows them to be so
4. Introducing False Evidence− it is
a violation of oath to do no
falsehood nor consent to doing
of any in court. When false
testimony is material to inquiry
or relevant to issue, it requires
suspension or disbarment. On the
other hand, when the testimony
is immaterial or irrelevant and
does not cause substantial
prejudice, it only warrants lesser
sanction, such as warning or
reprimand
5. Willfully
disobeying
court
orders − lawyer may be punished
for contempt and disciplined as
officer of court.
6. Using vicious or disrespectful
language − constitutes direct
contempt; violation of oath and
Code
of
Professional
Responsibility.
7. Continue to practice after
suspension − constitutes gross
misconduct and willful disregard
of suspension order.
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
36
2005 CENTRALIZED BAR OPERATIONS
Breach of Duties to Client
1. Negligence in performance of
duties
Requisites to Warrant
Suspension or Disbarment:
i.
Negligence and
carelessness which must be
gross in character
ii.
Caused material
prejudice to client
Note: Mere negligence without
pecuniary damages justifies only
reprimand or censure except
when breach of duty to client is
a gross violation of obligation to
court.
2.
Employment of unlawful
means
3.
Deceit
or
misrepresentation
Requisites
a. Bad faith on the part of
the lawyer
b. Material damage to client
4.
Representing adverse
Interest and revealing client’s
secrets - If there is no written
consent of client, a lawyer may
not
represent
conflicting
interest. The fact that lawyer
did not acquire confidential
information from client nor use
the same against the latter does
not
excuse
him
from
responsibility.
5.
Purchase
client’s
property in litigation
Requisites:
a. Lawyer is counsel for client
at the time he acquired
the property
b. Property is subject of
litigation
c. Acquires it by himself or
through another
d. Acquires property during
pendency of litigation
6.
Failing to account or
misappropriation of client’s
property
presupposes
fraudulent intent of lawyer.
Immediate repayment by lawyer
of client’s money or property
after
demand
but
before
institution
by
client
of
disbarment proceedings negate
fraudulent intent. If the lawyer
has a lien, it cannot be used as
an excuse for not making an
accounting.
7.
Collecting unreasonable
fees – Where the law fixes the
maximum amount which lawyer
may charge client, collection of
more than what law allows
constitutes malpractice.
8. Acting without authority - a
lawyer can bind client without
special power of attorney only
on procedural matters
9. Willfully appearing without
being retained -It must be
willful, corrupt or contumacious
in order that he may be held
liable.
Breach of Duties to Bar
a.
Unethical
conduct
or
unprofessional
conduct - that which violates
rules or ethical code of legal
profession.
b.
Defaming
fellow lawyer − Use of improper
and
objectionable
language
against another lawyer or accuse
him wantonly and maliciously of
a serious misconduct in the
absence of reasonable cause
constitutes misconduct. Strongly
worded statements by a lawyer
against opposing lawyer, if
justified by records, may not
justify disciplinary action against
him.
c.
Encroaching
upon business of another
d.
Soliciting
business - for purpose of gain,
personally or through paid agents
is MALPRACTICE and agreeing
with non-lawyer to divide
lawyer’s fees paid by client or
for solicitation by non-lawyer.
e.
Advertising
OTHER GROUNDS FOR
DISCIPLINE
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
37
MEMORY AID
1. NON-PROFESSIONAL MISCONDUCT
 Ge
nera
l
Rule
:
Lawy
er
may
not
be
susp
ende
d or
disba
rred
for
misc
ondu
ct in
his
nonprofe
ssion
al or
priva
te
capa
city.
 Exception: Where such is so GROSS to
show him to be morally unfit for office
or unworthy of privilege, court may be
justified in suspending or removing him
from the roll of attorneys.
2. GROSS IMMORALITY- AN ACT OF
PERSONAL IMMORALITY ON THE PART
OF THE LAWYER IN HIS PRIVATE
RELATION WITH OPPOSITE SEX MAY
PUT CHARACTER IN DOUBT. BUT TO
JUSTIFY SUSPENSION OR DISBARMENT,
THE ACT MUST NOT ONLY BE IMMORAL,
IT MUST BE GROSSLY IMMORAL.
(ABAIGAR VS. PAZ)
Grossly Immoral Conduct – one so
corrupt and false as to constitute
criminal act or so unprincipled or
disgraceful as to be reprehensible to a
high degree. Cohabitation per se is not
grossly
immoral,
it
depends
on
circumstances and it is not necessary
that there be prior conviction for offense
before lawyer may be disciplined for
gross immorality. If the evidence is not
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
sufficient to hold the lawyer liable for
gross immorality, he may still be
reprimanded where evidence shows
failure on his part to comply with
rigorous standards of conduct required
from lawyers.
3. CONVICTION OF CRIME INVOLVING
MORAL TURPITUDE
All crimes of which fraud or deceit is an
element or those inherently contrary to
rules of right conduct, honesty or
morality in civilized community
4. PROMOTING TO VIOLATE OR
VIOLATING PENAL LAWS
5. MISCONDUCT IN DISCHARGE OF
OFFICIAL DUTIES
A lawyer who holds a government
office may not be disciplined as a
member of the bar for misconduct in the
discharge of his duties as a government
official. If the misconduct, however, is in
violation of the Code of Professional
Responsibility or of his oath as a lawyer
or is of such a character as to affect his
qualifications as a lawyer, he may be
subject to disciplinary action such as
disbarment (Collantes vs. Renomeron).
This rule does not apply to impeachable
officials like SC Justices, Members of the
Constitutional
Commission
and
Ombudsman because they can be
removed only by impeachment.
6. COMMISSION OF FRAUD OR
FALSEHOOD
7. MISCONDUCT AS NOTARY PUBLIC
By applying for having himself
commissioned as notary public, lawyer
assumes duties in dual capacity, the nonperformance of which be may be a
ground for discipline as member of bar.
OFFICERS
AUTHORIZED
TO
INVESTIGATE DISBARMENT CASES
1.
Supreme Court
2.Integrated Bar of the Philippines
(IBP) through its Commission on
Bar Discipline or authorized
investigators
3.
Office of the Solicitor
General
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
38
2005 CENTRALIZED BAR OPERATIONS
GRIEVANCE PROCEDURE:
DISBARMENT, SUSPENSION, AND
DISCIPLINE OF ATTORNEYS (Rule
139-B)

Proceedings
for
the
disbarment,
suspension
and
discipline of attorneys may be taken:
1. by the Supreme Court
motu proprio, or,
2.
by the IBP upon the
verified complaint of any
person

The IBP Board of Governors
may initiate and prosecute proper
charges against erring attorneys
including those in government:
1. motu propio or
2. upon referral by the SC
or
3. by a Chapter Board of
Officers or at the instance of
any person.

The complaint must be:
1.
verified;
2.
state
clearly
and concisely the facts
complained of;
3.
supported by
affidavits of persons having
personal knowledge of the
facts therein alleged, or by
such documents as may
substantiate it;
4. six (6) copies shall be filed
with the Secretary of IBP or
any of its Chapters.
OUTLINE OF DISBARMENT PROCEEDING
IN THE IBP (RULE139-B)
1. The case shall be assigned to a
National Grievance Investigator
where the Board of Governors
shall appoint one from among
IBP members of three (3) when
special circumstances warrant;
2. If the complaint is meritorious,
the respondent shall be served
with a copy requiring him to
answer within 15 days from
service;
3. The respondent shall file an
answer containing six (6) copies
and shall verify the same; after
receipt of the answer or lapse of
the period to do so, the Supreme
Court ,may, motu propio or at
the instance of the IBP Board of
Governors,
upon
recommendation
by
the
Investigator, suspend an attorney
from practice, for any of the
causes under Rule 138, Sec. 27,
during the pendency of the
investigation;
4. After joinder of the issues or
failure
to
answer,
the
respondent shall be given full
opportunity to defend himself.
But if the respondent fails to
appear to defend himself inspite
of notice, the investigator may
proceed ex parte.
The
investigation shall be terminated
within three (3) months from
commencement which period
may be extended;
5. The Investigator shall make a
report to the Board of Governors
within 30 days from termination
of the investigation which report
shall contain his findings and
recommendations together with
the evidence;
6. The Board of Governors shall
have the power to review the
decision of the Investigator. Its
decision shall be promulgated
within a period not exceeding 30
days from the next meeting of
the
Board
following
the
submission of the report of the
Investigator:
a.
If the decision is a
finding of guilt of the charges,
the IBP Board of Governors shall
issue a resolution setting forth
its
findings
and
recommendations which shall be
transmitted to the Supreme
Court for final action together
with the record;
b.
If the decision is for
exoneration, or if the sanction is
less than suspension or dismissal,
the Board shall issue a decision
exonerating the respondent or
imposing a lesser sanction. The
resolution
exonerating
the
respondent shall be considered
as terminating the case unless
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
39
MEMORY AID
upon petition of the complainant
or other interested party filed
with the Supreme Court within
15 days from notice of the
Board’s decision.
PROCEDURE FOR DISBARMENT IN THE
SUPREME COURT
1. Upon the initiation of the
complaint, the Supreme Court
may
refer
the
case
for
investigation to the Solicitor
General, or any officer of the
Supreme Court, or judge of a
lower court;
2. If referred, the investigator shall
proceed with the investigation
and make a report to the
Supreme Court.
Rules in the Imposition of Penalties
a. In case of Suspension
➝ Division − 1 year or less
➝ En Banc − exceeds 1 year
b.
In case of Fine
➝ Division − P10,000 or less
➝ En Banc −P10,000
or
more
c.
In case of both Suspension and
Fine − en banc if the suspension
exceeds 1 year or the fine
exceeds P10, 000.
In case of 2 or more
suspensions − service will be
successive, not simultaneous
d.
Investigating Judge CANNOT dismiss
case
 CASE:
The investigating judge’s
authority is only to investigate, make a
report and recommendation on the case
to be submitted to the SC for final
determination. [Graciano vs. Sebastian,
231 SCRA 588]
Effect of desistance, withdrawal of
complaint
or
non-appearance
of
complainant in disbarment proceedings
The
desistance
or
the
withdrawal of the complainant of the
charges against a judge does not deprive
the court the authority to proceed to
determine the matter. Nor does it
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
necessarily result in the dismissal of the
complaint
except
when,
as
a
consequence of the withdrawal or
desistance no evidence is adduced to
prove the charges. This rule is founded
on the rationale that a disbarment
proceeding is neither civil nor criminal
but one prosecuted solely for the public
interest. What is important is whether
the charges against the respondent have
been duly proved.
(Note: The same principle applies to
administrative charges against judges.)
Doctrine of RES IPSA LOQUITOR (“the
thing speaks for itself”)
 CASES:
This principle or doctrine
applies to both judges and lawyers.
Judges had been dismissed from the
service without need for a formal
investigation because based on the
records, the gross misconduct or
inefficiency of the judges clearly
appears. [Uy vs. Mercado, 154 SCRA
567].
The same principle applies to
lawyers. Thus, on the basis of the
lawyer’s comment or answer to a showcause order of SC, it appears that the
lawyer has so conducted himself in a
manner which exhibits his blatant
disrespect to the court, or his want of
good moral character or his violation of
the attorney’s oath, the lawyer may be
suspended or disbarred without need of
a trial-type proceeding. What counts is
that the lawyer has been given the
opportunity to give his side. [Prudential
Bank vs. Castro 155 SCRA 604]
DEFE
NSES
The purpose and nature of
disbarment proceedings make the
number of defenses available in civil and
criminal
actions
inapplicable
in
disciplinary proceedings. The Statute of
Limitations is not a defense in
disciplinary proceedings nor does the
fact the circumstance that facts set up
as ground for disbarment constitute
crime, the prosecution for which in
criminal action is barred by prescription,
preclude the disbarment proceeding.
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
40
2005 CENTRALIZED BAR OPERATIONS
However, the fact that a
considerable length of time has lapsed
from the date the misconduct took place
to date the complaint for disbarment
was filed may indicate ulterior motive on
the part of complainant or innocence on
the part of respondent.
MODIFYING CIRCUMSTANCES
Extent of disciplinary action
depends on attendance of mitigating or
aggravating circumstance.
Mitigating Circumstances
1. Good faith
2. Want of intention to commit
wrong
3. Lack of material damage to
complainant
4. Desistance of complainant
5. Youth and inexperience, etc.
Aggravating Circumstances
1. Abuse of authority or of
attorney–client relationship
2. Sexual
intercourse
with
a
relative
3. Charge of gross immorality
4. Previous dismissal as member of
the bar
EFFECT OF EXECUTIVE PARDON
If during the pendency of
disbarment proceeding the respondent
was granted executive pardon, the
dismissal of the case on that sole basis
will depend on whether the executive
pardon is absolute or conditional. If the
pardon is absolute, the disbarment case
will be dismissed. However, if the
executive pardon is conditional, the
disbarment case will not be dismissed on
the basis thereof.
Absolute pardon by President
may wipe out conviction as well as
offense itself and the grant thereof in
favor of a lawyer is a bar to a
proceeding for disbarment against him
based solely on commission of such
offense. The reason is that the
respondent lawyer, after the absolute
pardon, is as guiltless and innocent as if
he never committed the offense at all.
If absolute pardon is given to
lawyer after being disbarred for
conviction of crime, it does not
automatically
entitle
him
to
reinstatement to the bar. It must be
shown by evidence aside from absolute
pardon that he is now a person of good
moral character and fit and proper
person to practice law. In case of a
conditional pardon, there will be a
remission of unexpired period of
sentence.
EFFECTS OF DEATH OF LAWYER
DURING PENDENCY OF DISCIPLINARY
ACTION AGAINST HIM
1. Renders action moot and academic
2. (But) court may still resolve case on
the merit in order to clear publicly
the name of the lawyer.
JUDGMENT
DISMISSAL OF CASE
In the absence of convincing or
clearly
preponderant
evidence,
disbarment case against him should be
dismissed. However, the court can still
impose conditions despite dismissal of
disciplinary action against him, if the
facts so warrant and in the event the
lawyer fails to comply with such
condition, it may suspend or disbar him
for disobedience of its order.
SUSPENSION OR DISBARMENT
A lawyer who has been
suspended or disbarred cannot practice
law without being held liable for
contempt of court. The suspended
lawyer may be disbarred for violation of
the suspension order. Such judgment
does not prohibit pro se practice
(Geeslin vs. Navarro; 185 SCRA).
If
the
lawyer
holds
a
government office which requires
membership in the bar as an
indispensable qualification, he may be
dismissed from said office (Collantes vs.
Renomeron; 200 SCRA).
REINSTATEMENT
The Supreme Court has the
exclusive authority to reinstate. This is
based on its constitutional prerogative to
promulgate rules on the admission of
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
41
MEMORY AID
applicants to the practice of law.
Petitioner must prove that he is once
again fit and proper person to practice
law. The following must be taken into
consideration:
1. the applicant’s character and
standing prior to disbarment;
2. the nature or character of
misconduct for which he is
disbarred;
3. his conduct subsequent to
disbarment [Cui vs. Cui, 11 SCRA
755];
4. including
his
efficient
government service [In re
Adriatico, 17 Phil 324]
5. the time that has elapsed
between disbarment and the
application for reinstatement
and the circumstances that he
has been sufficiently punished
and disciplined [Prudential Bank
vs. Benjamin Grecia, 192 SCRA
381]
6. applicant’s
appreciation
of
significance of his dereliction
and his assurance that he now
possesses the requisite probity
and integrity;
7. favorable endorsement of the
IBP, pleas of his loved ones [Yap
Tan vs. Sabandal, 170 SCRA
207].
The court may require applicant
for reinstatement to enroll in and pass
the required fourth year review classes
in a recognized law school. [Cui vs. Cui,
11 SCRA 755; In re Rusiana, 56 SCRA 240]
A previously disbarred lawyer
who is given absolute pardon by the
President
is
not
automatically
reinstated, he must still file a petition
for reinstatement with the SC.
Condition for Reinstatement
A lawyer who has been
suspended or
disbarred may be
reinstated when the SC is convinced that
he has already possessed the requisites
of probity and integrity necessary to
guarantee his worth to practice his
profession.
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
EFFECTS OF REINSTATEMENT
1.
Recognition of moral
rehabilitation and mental fitness
to practice law;
2.
Lawyer shall be subject
to
same
law,
rules
and
regulations as those applicable
to any other lawyer;
3.
Lawyer must comply
with the conditions imposed on
his readmission
IV. JUDICIAL ETHICS
Judicial Ethics − branch of moral science
which treats of the right and proper
conduct to be observed by all judges and
magistrates in trying and deciding
controversies brought to them for
adjudication which conduct must be
demonstrative of impartiality, integrity,
competence,
independence,
and
freedom from improprieties.
Court − a board or other tribunal which
decides a litigation or contest
Judge − a public officer who, by virtue of
his office, is clothed with judicial
authority
De Jure Judge − one who is exercising
the office of a judge as a matter of
right; an officer of a court who has been
duly and legally appointed
De Facto Judge − an officer who is not
fully invested with all the powers and
duties conceded to judges, but
exercising the office of a judge under
some color of right
QUALIFICATIONS
Supreme Court and Court of Appeals
Justices
1. Natural-born citizen of the
Philippines;
2. At least 40 years of age;
3. Must have been for 15 years or
more a judge of a lower court
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
2005 CENTRALIZED BAR OPERATIONS
42
4.
or engaged in the practice of
law;
Must be a person of proven
competence, integrity, probity
and independence.
RTC Judges
1.
Natural-born citizen of the
Philippines;
2.
At least 35 years of age;
3.
For at least 10 years has
been engaged in the practice of law in
the Philippines or has held a public
office in the Philippines requiring
admission to the practice of law as an
indispensable requisite.
MTC Judges
1. Natural-born citizen of the
Philippines;
2. At least 30 years of age;
3. For at least 5 years has been
engaged in the practice of law
in the Philippines or has held
public office in the Philippines
requiring admission to the
practice of law as an
indispensable requisite.
JUDICIAL DEPORTMENT
Attitude Towards Counsel
He must be courteous especially
to the young and inexperienced. He
should not interrupt in their arguments
except to clarify his mind as to their
positions. He must not be tempted to an
unnecessary display of learning or
premature judgment. He may criticize
and correct unprofessional conduct of a
lawyer but not in insulting manner.
Attitude Toward Litigants and Witness
He
must
be
considerate,
courteous and civil, and he must not
utter intemperate language during
hearing of case.
Proper Judicial Conduct
Conduct self as to be beyond
reproach and suspicion and be free from
appearance of impropriety in their
personal behavior not only in discharge
of official duties but also in their
everyday life.
A judge should not only render
just, correct and impartial decision but
do so in manner free from suspicion as to
its fairness and impartiality and as to his
integrity. It is indispensable requisite of
due process.
NEW CODE OF JUDICIAL
CONDUCT FOR THE PHILIPPINE
JUDICIARY
(A.M. No. 03-05-01-SC)
(June 1, 2004)

supersedes the Canons of
Judicial Ethics and the Code of
Judicial Conduct to the extent that
the provisions or concepts therein
are embodied in this Code,
provided, that in case of deficiency
or absence of specific provisions in
this Code, the Canons of Judicial
Ethics and the Code of Judicial
Conduct shall be applicable in a
suppletory character.
CANON-
i.
ii.
iii.
iv.
v.
vi.

Independence
Integrity
Impartiality
Propriety
Equality
Competence and Diligence
PURPOSE: to update and
correlate the Code of Judicial
Conduct and the Canons of Judicial
Ethics adopted for the Philippines,
but also to stress the Philippines’
solidarity with the universal clamor
for a universal code of judicial
ethics.
CANON 1: INDEPENDENCE
In performing judicial duties,
judges should:
1. function independently on the
basis of their assessment of the
facts and in accord with a
conscientious understanding of
the
law,
free
from
any
extraneous
influence,
inducement, pressure, threat or
interference.
Cold Neutrality of Impartial Judge
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
43
MEMORY AID
2. be independent from judicial
colleagues
in
respect
of
decisions.
3. not allow family, social, or other
relationships
to
influence
judicial conduct or judgment.
(NOTE:
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.)
4. be free from inappropriate
connections with, and influence
by, the executive and legislative
branches of government.
5. be independent in relation to
society in general and in relation
to the particular parties to a
dispute which she/he has to
adjudicate.
6. encourage and uphold safeguards
for the discharge of judicial
duties.
(REASON: To maintain and enhance
the institutional and operational
independence of the judiciary.)
7. exhibit
and
promote
high
standards of judicial conduct.
(REASON:
To reinforce public
confidence in the judiciary.)
 Judges shall refrain from influencing
in any manner the outcome of
litigation or dispute pending before
another court or administrative
agency.
CANON 2: INTEGRITY
Conduct of judges must:
1. be above reproach, and be so in
the view of a reasonable
observer.
2. reaffirm the people’s faith in the
integrity of the judiciary.
 Judges should take or initiate
appropriate disciplinary measures
against lawyers or court personnel
for unprofessional conduct of which
the judge may have become aware.
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
CANON 3: IMPARTIALITY
 Judges shall perform their judicial
duties without favor, bias or
prejudice.
DISQUALIFICATIONS OF JUDGES
Grounds for Disqualification and
Inhibition of Judges Under the New
Code of Judicial Conduct:
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:
1. the judge has actual bias or
prejudice concerning a party or
personal knowledge of disputed
evidentiary facts concerning the
proceedings;
2. the judge previously served as a
lawyer or was a material witness
in the matter in controversy;
3. the judge, or a member of his or
her family, has an economic
interest in the outcome of the
matter in controversy;
4. 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;
5. the judge’s ruling in a lower
court is the subject of review;
6. 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
7. 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
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
44
2005 CENTRALIZED BAR OPERATIONS
affected by the outcome of the
proceedings. (Sec. 5)
Remittal of Disqualification: 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. (Sec. 6)
Grounds for Disqualification and
Inhibition of Judges Under the Rules of
Court:
1.
Mandatory
or
Compulsory
Disqualification [Rule 137, ROC]
a. when he, or his wife, or child
is pecuniarily interested as
heir, legatee, creditor or
otherwise
b. when he is related to either
party within the sixth (6th)
degree of consanguinity or
affinity or to counsel within
the fourth (4th) civil degree
c. when he has been an
executor,
guardian,
administrator, trustee or
counsel
d. when he has presided in an
inferior court where his
ruling or decision is subject
to review
2. Voluntary Inhibition
A judge may, in the exercise of
his sound discretion disqualify himself,
for just and valid reasons other than
those mentioned above. [Section 1, Rule
137]
This leaves the discretion to the
judge to decide for himself questions as
to whether he will desist from sitting in
case for other just and valid reasons with
only his conscience to guide him, unless
he cannot discern for himself his
inability to meet the test of the cold
neutrality required of him, in which
event the appellate court will see to it
that he disqualifies himself.
A decision to disqualify himself is
not conclusive and his competency may
be determined on application for
mandamus to compel him to act. Judge’s
decision to continue hearing a case in
which he is not legally prohibited from
trying notwithstanding challenge to his
objectivity may not constitute reversible
error.
The filing of an administrative
case against a judge does not disqualify
him from hearing a case. The court has
to be shown other than the filing of
administrative complaint, act or conduct
of judge indicative of arbitrariness or
prejudice before the latter being
branded as the stigma of being biased or
partial.
*DISQUALIFICATION vs. INHIBITION
DISQUALIFICATION
INHIBITION
1.
The
Rules
enumerates
the
specific and exclusive
grounds under which
any judge or judicial
officer is disqualified
from acting as such.
1. The Rules does
not
expressly
enumerate the
specific
grounds
for
inhibition but
merely gives a
broad
basis
thereof,
i.e.
good, sound or
ethical grounds
2. Rule gives the
judicial officer no
discretion to try or sit
in a case
2. Rules leaves
the matter of
inhibition
to
the
sound
discretion
of
the judge
 CASE:
The second paragraph of
Section 1, Rule 137 does not give the
judge the unfettered discretion to
decide whether or not he will desist
from hearing a case. the inhibition must
be for just and valid causes. The mere
imputation of bias or partiality is not
enough grounds for a judge to inhibit,
especially when the same is without any
basis. (People vs. Kho, 357 SCRA 290,
April 20, 2001)
CANON 4: PROPRIETY
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
45
MEMORY AID
Judges shall, in their personal
relations with individual members of the
legal profession who practice regularly in
their court, avoid situations which might
reasonably give rise to the suspicion or
appearance of favoritism or partiality.
(Sec. 3)
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. 5)
PROHIBITION
TO
DISCLOSE
INFORMATION
Confidential
information
acquired by judges in their judicial
capacity shall not be used or disclosed
by for any other purpose related to their
judicial duties. (Sec. 9)
The prohibition will discourage if
not stop judges from making business
speculations in some business ventures,
the secrets of which he learned by
reason of his position as a judge.
The judge may be liable for
violation of Section 3(k) of RA 3019 –
“divulging valuable information of a
confidential character, acquired by his
office or by him on account of his official
position to unauthorized persons or
releasing such information in advance of
its authorized release due.”
Violation of the rule may also
lead to “revelation of secrets by an
officer” or to “revelation of the secrets
of a private individual” punishable by
Articles 229 and 230 of the Revised
Penal Code respectively.
PROHIBITION TO PRACTICE LAW
Judges shall not practice law
whilst the holder of judicial office. (Sec.
11)
Section 35 of Rule 138 of Rules
of Court prohibits judges, officials or
employees of superior courts xxx from
engaging in private practice as members
of the bar and in giving professional
advice to clients.
 CASES: The reason for the prohibition
has been explained in Dia-Anonuevo vs.
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
Bercacio [68 SCRA 81]. The Supreme
Court held that the rule disqualifying a
municipal judge from engaging in the
practice of law seeks to avoid the evil of
possible use of the power and influence
of his office to affect the outcome of a
litigation where he is retained as
counsel. Compelling reasons of public
policy lie behind this prohibition, and
judges are expected to conduct
themselves in such a manner as to
preclude any suspicion that they are
representing the interests of party
litigant.
In De Castro vs. Capulong [118
SCRA 52] a judge who merely acted as a
witness to a document and who
explained to the party waiving his right
of redemption over the mortgaged
properties and the consequences thereof
does not engage himself in the practice
of law.
PROHIBITION
AGAINST
ACCEPTING
GIFTS, BEQUEST OR LOANS
 General Rule:
(1) Judges and
members of their families, as well as (2)
court staff or others subject to their
influence, direction or authority, shall
neither ask for, nor accept, any gift,
bequest, loan or favor in relation to
anything done or to be done or omitted
to be done by him or her in connection
with the performance of judicial duties.
(Sec. 13 and 14)
 Exception: Subject to law and to any
legal requirements of public disclosure,
judges may receive a token, gift, award
or benefit as appropriate to the occasion
on which it is made provided that such
gift, award or benefit might not
reasonably be perceived as intended to
influence the judge in the performance
of judicial duties or otherwise give rise
to an appearance of partiality.(Sec. 15)
Bribery; Direct or Indirect
Acceptance of gifts given by
reason of the office of the judge is
indirect bribery [Art. 211 Revised Penal
Code] and when he agrees to perform an
act constituting a crime in connection
with the performance of his official
duties in consideration of any offer,
promise, gift or present receive by such
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
46
2005 CENTRALIZED BAR OPERATIONS
officer, he is guilty of direct bribery.
[Art. 210 Revised Penal Code]
Anti-Graft and Corrupt Practices Act
Under RA 3019, the judge is
liable criminally for directly or indirectly
receiving gifts, present or other
pecuniary or material benefit for himself
or for another under conditions provided
in Section 2, b and c of the law..
 Exception: Excepted are unsolicited
gifts or presents of small value offered
or given as a mere ordinary token of
gratitude or friendship according to local
custom or usage [Section 14, RA 3019].
Void Donations Under the Civil Code
Donations given to a judge or to
his wife, descendants or ascendants by
reason of his office are void [Art. 739,
Civil Code]. Ownership does not pass to
the donee. Money or property donated is
recoverable by the donor, his heirs or
creditors.
Loans
Prohibited
Under
the
Constitution
Under Section 16 Article XI “No
loan, guarantee or other form of
financial
accommodation
for
any
business purpose may be granted directly
or indirectly by any government-owned
or controlled bank or financial institution
to xxx members of the Supreme Court
xxx during their tenure.”
Taking or Receiving Loans From
Litigants
It is a serious misconduct for a
judge to receive money from a litigant in
the form of loans which he never
intended to pay back. Even if the judge
intends to pay, it is an act of impropriety
to take a loan from a party-litigant. The
judge could not be wholly free from bias
in deciding a case where his lender is a
party. A judge should always strive to
be free from suspicion and all forms of
improprieties.
CANON 5: EQUALITY
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. 2)
CANON 6: COMPETENCE AND DILIGENCE
Judges shall take reasonable
steps to maintain and enhance their
knowledge, skills and personal qualities
necessary for the proper performance of
judicial duties, taking advantage for this
purpose of the training and other
facilities which should be made
available, under judicial control, to
judges. (Sec. 3)
 CASE: Judges must be conscientious,
studious and thorough,[83] observing
utmost diligence in the performance of
their judicial functions.[84] They have to
“exhibit more than just cursory
acquaintance
with
statutes
and
procedural rules.” Moreover, they must
require court personnel to observe at all
times high standards of public service
and fidelity. (Atty. Fabella vs. Judge
Lee, A.M. No. MTJ-04-1518. January 15,
2004)
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. 6)
CODE OF JUDICIAL CONDUCT
(October 20 1989)
Canon1:
Uphold the integrity and
independence of the judiciary
2:
Avoid impropriety and
the appearance of impropriety
3:
Perform official duties
honestly, and with impartiality
and diligence
4:
With due regard to
official
duties,
engage
in
activities to improve the law,
the legal system and the
administration of justice
5:
Regulate
extrajudicial
activities to minimize the risk of
conflict with judicial duties
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
47
MEMORY AID
CANON 1: PROMPT DISPOSITION OF
CASES
A judge should administer justice
impartially and without delay. [Rule
1.02]
A judge shall dispose of the
court’s business promptly and decide
cases within the required periods. [Rule
3.05]
 CASES: In the Request of Judge Irma
Zita Masamayor [A.M. NO. 99-1-16, RTC,
June 21 1999] it was held that cognizant
of the caseload of judges and mindful of
the pressure of their work, the Supreme
Court almost always grants requests for
extension of time to decide cases. A
heavy caseload may excuse a judge’s
failure to decide cases within the
reglementary period, but not his or her
failure to request for an extension of
time before the expiration of the period
to be extended.
In Bernardo vs. Judge Amelia
Fabros [A.M. NO. MTJ-99-1189, May 12,
1999], the Supreme Court has always
considered the failure of a judge to
decide a case within the reglementary
period as GROSS INEFFICIENCY and
imposed either fine or suspension from
service without pay for such. The fines
imposed vary in each case, depending
chiefly on the number of cases not
decided within the reglementary period
and other factors to wit: the presence of
aggravating circumstances – the damage
suffered by the parties as a result of the
delay, the health and age of the judge,
etc.
CANON 2: AVOIDANCE OF IMPROPRIETY
A
judge
should
avoid
impropriety and the appearance of
impropriety in all activities.
 CASES: In Manuel vs. Judge Demetrio
Calimay, Jr. [A.M. NO. RTJ-99-1441,
May 28, 1999] it was held that the fact
that the charges proffered in the instant
case do not directly refer to respondent
judge’s official functions does not mean
he is totally free from blame. Canon 2 of
the Code of Judicial Conduct provides
that a judge should not only avoid
impropriety but also the appearance of
impropriety in all his activities. He
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
should behave at all times as to promote
public confidence in the integrity and
impartiality of the judiciary. He should
be extra careful in all his dealings – both
in his professional and individual
capacities – in order to promote and
protect the image of the judiciary to
which he is privileged to belong.
Respondent, in removing the
bamboo poles and fishing nets installed
by complainant, acted in his private
capacity. Nevertheless, without in any
way prejudging respondent’s liability,
respondent should be admonished to be
careful even in his private conduct
because he is a model of the law-abiding
citizen and, for this reason, his private
life cannot be completely separated
from his public persona. (Bernardo vs.
Judge Tiamson, A.M. No. RTJ-00-1565.
August 6, 2001)
In Prosecutor Leo Tabao vs.
Judge Pedro Espina [A.M. NO. RTJ-961347, June 29, 1999] it was held that
apropos the issue on the hasty rendition
of judgment in a criminal case, the
Supreme Court has reminded members of
the bench time and again that as
exemplars of justice and law, judges
must avoid not only impropriety but even
the appearance of impropriety in all
their actions. Neither should they take
undue interest in the settlement of
criminal cases as the same may
compromise
the
integrity
and
impartiality of their office.
A judge should so behave at all
times as to promote public confidence in
the integrity of the judiciary. [Rule 2.01]
CANON 3: PERFORMANCE OF DUTIES
WITH HONESTY, IMPARTIALITY AND
DILIGENCE
A judge should perform official
duties honestly and with impartiality and
diligence.
A judge shall be faithful to the
law
and
maintain
professional
competence. [Rule 3.01]
 CASE: In the case Exequiel Domingo
vs. Judge Luis Reyes [A.M. NO. MTJ-981165, June 21, 1999] the Supreme Court
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
48
2005 CENTRALIZED BAR OPERATIONS
held that judges are expected to keep
abreast of developments in law and
jurisprudence. The SC does not
countenance respondent judge’s failure
to
inform
himself
of
recent
jurisprudential rules. His error, while an
honest one and committed for the
purpose of achieving the ends of justice,
must never happen again. Respondent
judge was reprimanded for IGNORANCE
OF THE LAW.
Where a partner accepts public
office, he shall withdraw from the firm
and his name shall be dropped from the
firm name unless the law allows him to
practice concurrently. [Rule 3.03]
A judge cannot take refuge
behind
the
inefficiency
or
mismanagement by court personnel.
Proper and efficient court management
is as much as his responsibility. It is also
his duty to organize and supervise the
court personnel to ensure the prompt
and efficient dispatch of business.
CANON 4: ENGAGING IN ACTIVITIES TO
IMPROVE THE LAW
A judge may, with due regard to
official duties, engage in activities to
improve the law, the legal system and
the administration of justice.
A judge may, to the extent that
the following activities do not impair the
performance of judicial duties or cast
doubt on the judge’s impartiality:
a. speak, write, lecture, teach or
participate
in
activities
concerning the law, the legal
system and the administration of
justice;
b. appear at public hearing before
a legislative or executive body
on matters concerning the law,
the legal system or the
administration of justice and
otherwise consult with them on
matter
concerning
the
administration of justice;
c. serve on any organization
devoted to the improvement of
the law, the legal system or the
administration of justice. [Rule
4.01]
CANON 5: REGULATION OF THE
EXTRAJUDICIAL ACTIVITIES OF A JUDGE
A judge should regulate extrajudicial activities so as to minimize the
risk of conflict with judicial duties.
AVOCATIONAL/CIVIC/CHARITABLE
ACTIVITIES
A judge may engage in the
following activities provided that they do
not interfere with the performance of
judicial duties or detract from the
dignity of the court: write, lecture,
teach and speak on non-legal subject
a. engage in the arts, sports and
other
special
recreational
activities
b. participate
in
civic
and
charitable activities
c. serve as an officer, director,
trustee, or non-legal advisor of a
non-profit
or
non-political,
educational,
religious,
charitable, and fraternal or civic
organization. [Rule 5.01]
FINANCIAL ACTIVITIES
A judge shall refrain from financial
and business dealings:
1. that tend to reflect adversely on the
court’s impartiality
2. that interfere with the proper
performance of judicial activities
3. that increase involvement with
lawyers or persons likely to come
before the court [Rule 5.02]
A judge should so manage
investments and other financial interests
as to minimize the number of cases
giving grounds for disqualification.
Subject to the provisions of the
preceding rule, a judge may hold and
manage investments but should not serve
as an officer, director, manager, advisor,
or employee of any business except as
director of a family business of the
judge. [Rule 5.03]
FIDUCIARY ACTIVITIES
PROHIBITION TO SERVE AS EXECUTOR,
ADMINISTRATOR, ETC.
General Rule: The judge shall not
serve as (a) executor, (b) administrator,
(c) trustee, (d) guardian, (e) fiduciary.
Exception: when the estate, trust,
ward or person for whom he will act as
executor,
administrator,
trustee,
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
49
MEMORY AID
guardian or fiduciary is a member of the
immediate family- which is limited to
the spouse and relatives within the
second degree of consanguinity –
provided that the judge’s services as
fiduciary shall not interfere with the
performance of his judicial functions
[Rule 5.06].
In such exceptional cases, the judge
SHALL NOT:
a. serve in proceeding that might
come before the court of said
judge
b. act as such contrary to Rules
5.02 to 5.05.
(Note: the relationship mentioned is
by consanguinity and not by affinity.)
PROHIBITION TO BE APPOINTED IN
QUASI-JUDICIAL AND ADMINISTRATIVE
AGENCIES
A judge shall not accept
appointment or designation to any
agency performing quasi-judicial or
administrative functions. [Rule 5.09]
The prohibition is based on
Section 12, Art. VIII of the Constitution
which provides: “The members of the
Supreme Court and of other courts
established by law shall not be
designated to any agency performing
quasi-judicial
or
administrative
functions.”
The
appointment
to
such
positions will likely interfere with the
performance of the judicial functions of
a judge hence, the prohibition.
PROHIBITION TO ENGAGE IN POLITICAL
ACTIVITIES
A judge is entitled to entertain
personal views on political questions. But
to
avoid
suspicion
of
political
partisanship, a judge shall not make
political speeches, contribute to party
funds, publicly endorse candidates for
political office or participate in other
partisan political activities. [Rule 5.10]
LIABILITY OF JUDGES
In the absence of fraud,
dishonesty or corruption, acts of judge in
his judicial capacity not subject to
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
disciplinary action even though such acts
are erroneous. He can’t be subject to
liability – criminal, civil, administrative
for any of his official acts, no matter
how erroneous, so long as he acts in
good faith. In such a case, the remedy of
aggrieved party is not to file
administrative complaint against the
judge but to elevate error to higher
court for review and correction
When a Judge May Be Held Liable:
Civil, Criminal and Administrative
1.
Malfeasance
2.
Misfeasance
3.
Knowingly
rendering
unjust judgment or interlocutory
order
4.
Malicious
delay
in
administration of justice
5.
Giving
private
party
unwarranted benefit in exercise
of judicial function thru manifest
partiality, evident bad faith and
gross inexcusable negligence.
CIVIL LIABILITIES OF JUDGES IN
RELATION
TO
THEIR
OFFICIAL
FUNCTIONS
1. Any public officer or employee or any
private individual, who directly or
indirectly obstructs, defeats and violates
or in any manner impedes or impairs the
civil rights and liberties of persons shall
be liable for damages. [Art. 32, Civil
Code]
The responsibility for damages is
not however demandable of judges
except when the act or omission of the
judge constitutes a violation of the Penal
Code or other penal statute. [Art. 32,
last par.]
2. A judge who willfully or negligently
renders a decision causing damages to
another, shall indemnify the latter for
the same.
A judge is also civilly liable for
damages, if in refusing or neglecting to
decide a case without just cause, a
person suffered material or moral loss
without prejudice to any administrative
action that may be taken against him.
[Art. 27, Civil Code]
DISABILITIES OF JUDGES UNDER THE
CIVIL CODE
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
50
2005 CENTRALIZED BAR OPERATIONS
1. Art. 1491. The following persons
cannot acquire by purchase, even at a
public or judicial action, either in person
or through the mediation of another:
xxx
(5) Justices, judges, prosecuting
attorneys, clerks of superior and inferior
courts and other officers and employees
connected with the administration of
justice, the property and rights in
litigation or levied upon an execution
before
the
court
within
whose
jurisdiction or territory they exercise
their
respective
functions,
this
prohibition includes the act of acquiring
by assignment and shall apply to
lawyers, with respect to the property
and rights which may be the object of
any litigation in which they may take
part by virtue of their profession.
Xxx
2. Art. 739. Donations made to a judge,
his wife, descendants and ascendants by
reason of his office are void.
CRIMINAL LIABILITIES OF JUDGES IN
RELATION
TO
THEIR
OFFICIAL
FUNCTIONS
1. Misfeasance
a.
Knowingly
Rendering
Unjust Judgment - Any judge who
shall knowingly render an unjust
judgment in any case submitted to
him for decision shall be punished
by prision mayor and perpetual
absolute disqualification. [Art. 204
Revised Penal Code]
b.
Manifestly
Unjust
Judgment- it is one which is so
patently against the law, public
order, public policy and good
morals that a person of ordinary
discernment can easily sense its
invalidity and injustice.
In order that a judge may be held
liable for knowingly rendering an unjust
judgment, it must be shown beyond
doubt that the judgment is unjust as it is
contrary to law or is not supported by
evidence and the same was made with
conscious and deliberate intent to do an
injustice. [In Re: Climaco, 55 SCRA 107]
If the decision rendered by the judge
is still on appeal, the judge cannot be
disqualified on the ground of knowingly
rendering an unjust judgment. [Abad vs.
Blaza, 145 SCRA 1]
2.
Judgment
Rendered
Through
Negligence – Any judge who, by reason
of inexcusable negligence or ignorance
shall render a manifestly unjust
judgment in any case submitted to him
for decision shall be punished by arresto
mayor
and
temporary
special
disqualification. [Art. 205 Revised Penal
Code]
Negligence and ignorance are
inexcusable if they imply a manifest
injustice which cannot be explained by
reasonable
interpretation.
[In
Re
Climaco, 55 SCRA 107]
4. Knowingly Rendering an Unjust
Interlocutory Order – Any judge who
shall knowingly render an unjust
interlocutory order or decree shall
suffer the penalty of arresto mayor
in
its
minimum
period
and
suspension; but if he shall have
acted by reason of inexcusable
negligence or ignorance and the
interlocutory order or decree be
manifestly unjust, the penalty shall
be suspension. [Art. 206, Revised
Penal Code]
5. Maliciously
Delaying
the
Administration of Justice – The
penalty of prision correccional in its
minimum period shall be imposed
upon any judge guilty of malicious
delay in the administration of
justice.
To make the judge liable, the act
must be committed maliciously with
deliberate intent to prejudice a party in
a case.
6. Malfeasance Under the Anti-Graft
and Corrupt Practices Act
A judge is criminally liable for
causing an undue injury to a person or
giving any private party an unwarranted
benefit, advantage or preference in the
discharge of his official function through
manifest partiality, evident bad faith
and gross inexcusable negligence.
[Section 3(e), R.A. 3019]
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
51
MEMORY AID
DISCIPLINE OF MEMBERS OF THE
BENCH
POWER TO DISCIPLINE ERRING MEMBERS
OF THE BENCH
The
Supreme
Court
has
administrative supervision over all courts
and the personnel thereof [Section VI,
Art. VIII, Constitution]. The Court en
banc has the power to discipline all
judges of lower courts including justices
of the Court of Appeals. It may even
dismiss them by a majority vote of the
members who actually took part in the
deliberation of the issues in the case and
voted thereon [Section XI, Art. VIII,
Constitution].
The inferior courts (MTCs) are
not empowered even just to suspend an
attorney, although they may cite or hold
a lawyer in contempt of court for
contemptuous acts.
Justices and judges, who are also
lawyers, if found guilty of certain crimes
and / or of the causes for disbarment
under the Rules of Court may also be
disbarred.
Justices of the Supreme Court
however may not be disbarred unless and
until they shall have been first
impeached in accordance with the
Constitution. The same is true with the
other impeachable officers who are
members of the bar.
 CASE:
While it is our duty to
investigate and determine the truth
behind every matter in complaints
against
judges
and
other
court
personnel, it is also our duty to see to it
that they are protected and exonerated
from baseless administrative charges.
The Court will not shirk from its
responsibility of imposing discipline upon
its magistrates, but neither will it
hesitate to shield them from unfounded
suits that serve to disrupt rather than
promote the orderly administration of
justice. ( Ocenar vs. Judge Mabutin,
A.M. No. MTJ-05-1582, February 28,
2005 )
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
GROUNDS FOR DISCIPLINE OF JUDGES
[Section 1, Rule 140, Revised Rules of
Court]
1. Serious Misconduct
2. Inefficiency
Misconduct - implies malice or a
wrongful intent, not a mere error of
judgment. For serious misconduct to
exist there must be reliable evidence
showing
that
the
judicial
acts
complained of were corrupt or inspired
by an intention to violate the law or
were in persistent disregard of wellknown legal rules.
Inefficiency - implies negligence,
incompetence,
ignorance
and
carelessness. A judge would be
inexcusably negligent if he failed to
observe in the performance of his duties
that
diligence,
prudence
and
circumspection which the law requires in
the rendition of any public service.
 CASES: In the case of In Re: Leaves
Of Absence Without Approval Of Judge
Eric Calderon [A.M. 98-8-105 MTC,
January 26, 1999] - Judge Calderon was
found guilty of gross misconduct,
abandonment of office and was
dismissed due to his frequent leave of
absence totaling to 3 years which were
not approved and his explanations were
inexcusable.
He has caused great
disservice to many litigants and has
denied them speedy justice.
In the case of In Re: Judge
Danilo Tenerife [255 SCRA 184] - The
failure of a judge to decide even a single
case within the 90-day period was
considered gross inefficiency warranting
the imposition of fine equivalent to his
one month salary.
Effect of resignation or retirement of a
judge when there is a pending
administrative case against him
The retirement/resignation of a
judge may or may not render the
administrative complaint moot and
academic. Each case will be determined
according
to
its
surrounding
circumstances.
(Pagayao vs. Imbing,
A.M. No. 89-403. August 15, 2001; Lilia
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
52
2005 CENTRALIZED BAR OPERATIONS
vs. Judge Famunal, A.M. No. RTJ-991503. December 13, 2001)
According
to
Pesole
vs.
Rodriguez [81 SCRA 208] the acceptance
by the President of the resignation does
not necessarily render the case moot or
deprive the SC of the authority to
investigate the charges. The court
retains its jurisdiction either to
pronounce the respondent official
innocent of the charges or declare him
guilty thereof. A contrary rule will be
fraught with injustice and pregnant with
dreadful and dangerous implications.
PROCEDURE
FOR DISCIPLINE OF
JUDGES (RULE 140)
1.
Complaint, in writing
and duly sworn to is filed with
the Supreme Court. [Sec. 1]
2.
If found meritorious, a
copy thereof shall be served on
the respondent and he shall be
required to comment within 10
days of service. [Sec. 6]
3.
Upon
filing
of
respondent’s
comment
or
expiration of the period upon
filing comment, the SC either
refers the matter to the Office
of the Court Administrator (OCA)
for evaluation, report, and
recommendation, or assigns a
Justice of the Court of Appeals
(if respondent is an RTC judge)
or a judge of the RTC (if
respondent is a judge of an
inferior court) to investigate and
hear the charges. [Sec. 7]
4.
After
hearings,
the investigating justice or judge
submits a report of finding of
fact, conclusions of law and
recommendations
to
the
Supreme Court. [Sec. 8]
5.
The
Supreme
Court takes action as the facts
and the law may warrant. [Sec.
9]
Proceedings shall be private and
confidential but a copy of the decision or
resolution of the Court shall be attached
to the record of the judge in the Office
of the Court Administrator. [Sec. 11]
QUANTUM OF EVIDENCE REQUIRED
The ground for the removal of a
judicial officer should be established
beyond reasonable doubt. Such is the
rule where the charges on which the
removal is sought is misconduct in office,
willful
neglect,
corruption,
or
incompetence. The general rules in
regard to admissibility of evidence in
criminal trials apply.
For liability to attach, the
assailed order, decision or actuation of
the judge in the performance of official
duties must not only found to be
erroneous but, most importantly, it must
be established that he was moved by bad
faith, dishonesty, hatred or some other
like motive. Similarly, a judge will be
held administratively liable for rendering
an unjust judgment — one which is
contrary to law or jurisprudence or is not
supported by evidence — when he acts in
bad faith, malice, revenge or some other
similar motive. In other words, in order
to hold a judge liable for knowingly
rendering an unjust judgment, it must be
shown beyond reasonable doubt that the
judgment was made with a conscious and
deliberate intent to do an injustice.
(Judge De Guzman vs. Dy, A.M. No. RTJ03-1755, July 3, 2003)
IMPEACHMENT PROCEEDINGS AGAINST
JUDGES
Penal in nature governed by
rules on criminal case and therefore
requires proof beyond reasonable doubt.
Only SC justices are subject to
impeachment.
MISCONDUCT
Reliable evidence showing that
judicial actions are corrupt or inspired
by intent to violate the law or in
persistent disregard of legal rules.
Justices and Judges may not be
investigated
under
the
grievance
procedure in Rule 139-B, sec. 1 of the
Revised Rules of Court. Complaints
against justices and judges are filed with
the
Supreme
Court
which
has
administrative supervision over all
courts.
As a matter of practice, the
Supreme Court has assigned complaints
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
53
MEMORY AID
against Municipal or Metropolitan Trial
Judges to an Executive Judge of a
Regional Trial Court and complaints
against judges of Regional Trial Courts to
a justice of the Court of Appeals, while a
complaint against a member of the Court
of Appeals would probably be assigned to
a member of the Supreme Court for
investigation,
report
and
recommendation. Retired SC Justices
are now tasked for this purpose.
REINSTATEMENT
OF
JUDGE
PREVIOUSLY DISCIPLINED
No indication that he is inspired
by corrupt motives or reprehensive
purpose in the performance of his
functions.
Factors to be considered
1. Unsullied name & service of
record prior to dismissal
2. Commitment to avoid situation
that spur suspicion of arbitrary
conditions.
3. Complainant mellowed down in
pushing from his removal
4. Length of time separated from
service
V. INTEGRATED BAR
OF THE PHILIPPINES
IBP is the national organization
of lawyers created on January 16, 1973
under Rule 139-A, Rules of Court and
constituted on May 4, 1973 into a body
corporate by P.D. No. 181
As
the
official
national
unification of the entire lawyer
population of the Philippines this
requires membership and financial
support in reasonable amount of every
attorney as conditions sine qua non to
the practice of law and the retention of
his name in the Roll of Attorneys.
The IBP Board of Governors is
authorized to provide in the By-Laws for
grievance procedure for the enforcement
and maintenance of discipline among all
the members of the IBP, but no action
involving the suspension or disbarment of
a member or the removal of his name
LEGAL ETHICS
AND
IN
LEGAL ETHICS
AND
PRACTICAL EXERCISES
from the Roll of Attorneys shall be
effective without the final approval of
the Supreme Court. [Rule 139-A,Section
12, Rules of Court]
 CASE: Compulsory membership to the
IBP is not violative of a lawyer’s freedom
of association. Integration does not
make a lawyer a member of any group of
which he is already a member. He
became a member of the bar when he
passed the Bar Examinations. All that
integration actually does is to provide an
official national organization for the well
defined but unorganized and incohesive
group of which every lawyer is already a
member. [In re: Edillon A.M. 1928]
Voluntary
termination
of
IBP
membership, How Effected
By filing a verified notice to
that effect with the Secretary of IBP who
shall immediately bring the matter to
the attention of the SC. Forthwith, he
shall cease to be a member and his name
shall be stricken from the Roll of
Attorneys.
Effect of failure to pay annual
membership dues to the IBP
The failure of any attorney to
pay his annual membership dues for 6
months shall warrant suspension of his
membership in the IBP and default of
such payment for one year shall be a
ground for the removal of his name from
the Roll of Attorneys. [Sec. 10, Rule
139-A, Rules of Court].
 CASES:
A lawyer may not be
disciplined either by the IBP or the Court
for failing to pay her obligation to
complainant, a matter in her nonprofessional or private capacity. [Toledo
vs. Abalos, A. C. No. 5141, September
29, 1999]
Wanton disregard of the lawful orders
of the IBP Commission on Bar Discipline
a ground for suspension of a lawyer
from the practice of law. A lawyer was
suspended from the practice of law for
one month due to her wanton disregard
of the lawful orders of the IBP
Commission on Bar Discipline. [Toledo
PRACTICAL EXERCISES COMMITTEE
 CHAIRPERSON: Jackie Lou Bautista  ASSISTANT CHAIRPERSON: Catherine Jane Vanilla  SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises)  EDP: Raphy Espiritu  MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, VinKristine Ventura
54
2005 CENTRALIZED BAR OPERATIONS
vs. Abalos, A. C. No. 5141, September
29, 1999]
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)