SBCA
CENTRALIZED
BAR
OPERATIONS
CASE DIGESTS
& DOCTRINES
2023
CENTRALIZED BAR OPERATIONS
Legal
ethics
#HERNANDOITBAR2023
care
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
This work is the intellectual property of the SAN BEDA COLLEGE
ALABANG SCHOOL OF LAW and SAN BEDA COLLEGE ALABANG
CENTRALIZED BAR OPERATIONS 2023. It is intended solely for the
use of the individuals to which it is addressed – the Bedan
community.
Publication, reproduction, dissemination, and distribution, or
copying of the document without the prior consent of the SAN BEDA
COLLEGE ALABANG SCHOOL OF LAW CENTRALIZED BAR
OPERATIONS ACADEMICS COMMITTEE 2023 is strictly prohibited.
Material includes both cases penned by Justice Hernando and recent
landmark cases decided by the Supreme Court.
COPYRIGHT © 2023
SAN BEDA COLLEGE ALABANG SCHOOL OF LAW
SAN BEDA COLLEGE ALABANG SCHOOL OF LAW CENTRALIZED BAR OPERATIONS 2023
ALL RIGHTS RESERVED BY THE AUTHORS.
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
A. PRACTICE OF LAW
1. Basic Concepts
a. Definition of the Practice of law
b. Practice of Law as a Privilege, Not a Right
c. Law as a Profession, Not a Business or Trade
2. Qualification for Admission to the Bar (B.M. No. 1153)
3. Continuing Requirements for Membership in the Bar
4. Appearance of Non-Lawyers
a. Law Student Practice Rule (Rule 138-A, as amended by
A.M. No. 19-03-24-SC)
b. Non-Lawyers in Courts and/or Administrative Tribunals
c. Proceedings Where Lawyers are Prohibited to Appear as
Counsels
5. Prohibited Practice of Non-Lawyers and Appearance
Without Authority
6. Public Officials and the Practice of Law
a. Prohibitions and Disqualifications of Former Government
Attorneys
b. Public Officials Who Cannot Practice Law or Can Practice
Law with Restrictions
7. Lawyers Authorized to Represent the Government
8. Lawyer's Oath
2
2
DUTIES AND RESPONSIBILITIES OF A LAWYER UNDER THE
CODE OF PROFESSIONAL RESPONSIBILITY
1. To Society
2. To the Legal Profession
3. To the Courts
4. To the Clients
7
SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS
1. Nature and Characteristics of Disciplinary Actions against
Lawyers
2. Grounds
3. Proceedings (Rule 139-B of the Rules of Court, as amended)
27
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
2
3
3
5
5
7
7
NOTARIAL PRACTICE (A.M. No. 02-8-13-SC, as amended)
1. Qualifications of a Notary Public
2. Term of Office of a Notary Public
3. Powers and Limitations
4. Notarial Register
5. Jurisdiction of Notary Public and Place of Notarization
6. Competent Evidence of Identity
7. Sanctions
29
JUDICIAL ETHICS
1. SOURCES
2. New Code of Judicial Conduct for the Philippine Judiciary
3. Code of Judicial Conduct
34
B. QUALITIES
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence
34
C. DISQUALIFICATION OF JUDICIAL OFFICERS
1. Compulsory Disqualification
2. Voluntary Disqualification or Inhibition
39
D. DISCIPLINE AND ADMINISTRATIVE JURISDICTION OVER
MEMBERS OF THE JUDICIARY
1. Supreme Court
a. Impeachment
2. Lower Court Judges and Justice
a. Sanctions Imposed by the Supreme Court on Erring
Members of the Judiciary
39
#HernanDoItBar2023 #ParaSaBARyan
THAT IN ALL THINGS, GOD MAY BE GLORIFIED
SBCA CENTRALIZED BAR OPERATIONS
LEGAL ETHICS
SYLLABUS FOR THE 2023 BAR EXAMINATIONS
NOTARIAL PRACTICE (A.M. No. 02-8-13-SC, as
amended)
1. Qualifications of a Notary Public
2. Term of Office of a Notary Public
3. Powers and Limitations
4. Notarial Register
5. Jurisdiction of Notary Public and Place of
Notarization
6. Competent Evidence of Identity
7. Sanctions
NOTE: This syllabus is an outline of the key topics
that fall under the core subjects “Remedial Law
and Legal Ethics”. Accordingly, all Bar candidates
should be guided that only laws, rules, issuances,
and jurisprudence pertinent to these topics as of
July 2023 are examinable materials within the
coverage of the 2023 Bar Examinations.
JUDICIAL ETHICS
A. SOURCES
1. New Code of Judicial Conduct for the
Philippine Judiciary
2. Code of Judicial Conduct
A. PRACTICE OF LAW
1. Basic Concepts
a. Definition of the Practice of law
b. Practice of Law as a Privilege, Not
a Right
c. Law as a Profession, Not a
Business or Trade
2. Qualification for Admission to the Bar
(B.M. No. 1153)
3. Continuing Requirements for Membership
in the Bar
4. Appearance of Non-Lawyers
a. Law Student Practice Rule (Rule
138-A, as amended by A.M. No.
19-03-24-SC)
b. Non-Lawyers in Courts and/or
Administrative Tribunals
c. Proceedings Where Lawyers are
Prohibited to Appear as Counsels
B. QUALITIES
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence
C. DISQUALIFICATION OF JUDICIAL OFFICERS
A. Compulsory Disqualification
B. Voluntary Disqualification or Inhibition
D.
DISCIPLINE
AND
ADMINISTRATIVE
JURISDICTION
OVER
MEMBERS
OF
THE
JUDICIARY
1. Supreme Court
a. Impeachment
2. Lower Court Judges and Justice
a. Sanctions
Imposed
by
the
Supreme Court on Erring Members
of the Judiciary
5. Prohibited Practice of Non-Lawyers and
Appearance Without Authority
6. Public Officials and the Practice of Law
a. Prohibitions and Disqualifications
of Former Government Attorneys
b. Public Officials Who Cannot
Practice Law or Can Practice Law
with Restrictions
7. Lawyers Authorized to Represent the
Government
8. Lawyer's Oath
DUTIES AND RESPONSIBILITIES OF A LAWYER
UNDER
THE
CODE
OF
PROFESSIONAL
RESPONSIBILITY
1. To Society
2. To the Legal Profession
3. To the Courts
4. To the Clients
SUSPENSION, DISBARMENT, AND DISCIPLINE OF
LAWYERS
1. Nature and Characteristics of Disciplinary
Actions against Lawyers
2. Grounds
3. Proceedings (Rule 139-B of the Rules of
Court, as amended)
1
A. PRACTICE OF LAW
1. Basic Concepts
venture, and law advocacy is not a capital that
necessarily yields profits. The gaining of a
livelihood should be a secondary consideration.
The duty to public service and to the
administration of justice should be the primary
consideration of lawyers, who must subordinate
their personal interests or what they owe to
themselves. (Brunet v Guaren, A.C. No. 10164
(Resolution), March 10,2014)
a) Definition of the Practice of law
Legal Ethics is the “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.” (Justice George
Malcolm, Legal and Judicial Ethics, 1949)
2. Qualification for Admission to the Bar (B.M.
No. 1153)
Practice of law means any activity, in or out of
court, which requires the application of law, legal
procedure, knowledge, training and experience.
To engage in the practice of law is to perform
those acts which are characteristics of the
profession. Generally, to practice law is to give
notice or render any kind of service, which device
or service requires the use in any degree of legal
knowledge or skill (Cayetano v. Monsod, G.R. No.
100113, September 3, 1991)
Every applicant for admission as a member of the
bar must be, as follows:
1. A citizen of the Philippines;
2. At least twenty-one (21) years of age;
3. Possess good moral character;
4. Resident of the Philippines; and
5. Must produce before the Supreme Court
satisfactory evidence of good moral
character; and
6. No charges against him, involving moral
turpitude have been filed or are pending
in any court in the Philippines; and
7. Legal Education (BM No. 1153: Re: Letter
of Atty. Estelito P. Mendoza Proposing
Reforms in the Bar Examinations Through
Amendments to Rule 138 of the Rules of
Court)
a. Must satisfactorily show that they
have successfully completed all
the prescribed courses for the
degree of Bachelor of Laws, or its
equivalent degree, in a law
school or University officially
recognized by the Philippine
Government
or
by
proper
authority
in
the
foreign
jurisdiction where the degree has
been granted.
b. Must present a certificate issued
by the proper government agency
that he/she had pursued and
satisfactorily completed in an
authorized
and
recognized
university or college, requiring
for
admission
thereto
the
completion of a four-year high
school course, the course of study
prescribed
therein
for
a
bachelor’s degree in arts or
sciences. (Rule 138, Section 2,
Rules of Court)
The term practice of law is not limited to the
conduct of cases in court or to participation in
court proceedings, but extends to the preparation
of pleadings or papers in anticipation of a
litigation, the giving of legal advice to clients or
persons needing the same, the preparation of
legal instruments and contracts by which legal
rights are secured, and the preparation of papers
incident to actions and special proceedings
(Decena v Malanyaon, AM No. RTJ-10-2217, April
9, 2013)
b) Practice of Law as a Privilege, Not a Right
It is a privilege given to lawyers who meet the
high standards of legal proficiency and morality,
including honesty, integrity, and fair dealing.
They must perform their four-fold duty to society,
the legal profession, the courts, and their clients,
in accordance with the values and norms of the
legal profession as embodied in the Code of
Professional Responsibility (Plumptre v. Rivera,
A.C. No. 11350, August 9, 2016)
the practice of law is not a property right but a
mere privilege, 13 and as such must bow to the
inherent regulatory power of the Court to exact
compliance
with
the
lawyer's
public
responsibilities (In Re: Edillion, A.M. No. 1928,
August 3, 1978).
c) Law as a Profession, Not a Business or Trade
The practice of law is not a business. It is a
profession in which duty to public service, not
money, is the primary consideration. Lawyering is
not primarily meant to be a money-making
2
3. Continuing Requirements for Membership in
the Bar
bar and is, in fact, a continuing
requirement for the practice of
law. The loss thereof means
termination of the petitioner’s
membership in the bar; ipso jure
the privilege to engage in the
practice of law. Thus, a Filipino
lawyer who becomes a citizen of
another
country
and
later
re-acquires
his
Philippine
citizenship under R.A. No. 9225,
remains to be a member of the
Philippine Bar. However, the right
to resume the practice of law is
not automatic. R.A. No. 9225
provides that a person who
intends to practice his profession
in the Philippines must apply with
the proper authority for a license
or permit to engage in such
practice [In re: Petition to
re-acquire the privilege to
practice law in the Philippines of
Muneses, B.M. No. 2112 (2012)]
1. Requirement of Good Moral Character
○ This requirement is not only a
condition precedent to admission
to the practice of law, its
continued possession is also
essential for remaining in the
practice of law. Good moral
character is what a person really
is, as distinguished from good
reputation, the estimate in which
he is held by the public in the
place where he is known. (In Re:
Haron S. Meling In The 2002 Bar
Examinations and For Disciplinary
Action As Member of the
Philippine Shari’a Bar, BM No.
1154, 2004)
○ Good moral character is not only
a
condition
precedent
for
admission to the legal profession,
but it must also remain intact in
order to maintain one’s good
standing in that exclusive and
honored fraternity. (Tapucar vs.
Tapucar, AC No. 4148, July 30,
1998)
2. Payment of Professional Tax
3. Membership in the IBP
4. Payment of the IBP dues
○ It must be borne in mind that
membership in the bar is a
privilege
burdened
with
conditions, one of which is the
payment of membership dues.
Failure to abide by any of them
entails the loss of such privilege
if the gravity thereof warrants
such drastic move. (BM No. 1370,
In re: Letter of Atty. Cecilio Y.
Arevalo,
Jr.
Requesting
Exemption from Payment of IBP
Dues)
5. Compliance with MCLE
○ Members of the IBP not exempt
under Rule 7 shall complete every
three (3) years at least thirty-six
(36) hours of continuing legal
education activities approved by
the MCLE Committee. (BM No.
850)
6. Citizenship
○ Reacquisition of the privilege to
practice law in the Philippines Filipino
citizenship
is
a
requirement for admission to the
4. Appearance of Non-Lawyers
General Rule: Only members of the bar can
appear and handle cases in court.
Exceptions: The following are also allowed in
exceptional circumstances:
a. Law students;
b. By an agent/friend;
c. By the litigant himself.
a) Law Student Practice Rule (Rule 138-A, as
amended by A.M. No. 19-03-24-SC)
No law student shall be permitted to engage in
any of the activities under the Clinical Legal
Education Program (CLEP) of a law school unless
the law student has applied for and secured the
following certifications:
a. Level 1 certification:
i.
For law students who have
successfully
completed
their
first-year law courses; and/or
b. Level 2 certification:
i.
For
law
students currently
enrolled for the second semester
of their third-year law courses:
Provided however, where a
student fails to complete all their
third-year law courses, the Level
2 certification shall be deemed
automatically revoked (Sec. 3,
3
Rule 138-A, as amended by A.M.
No. 19-03-24-SC).
2. To be prohibited from using information
acquired in one’s capacity as law student
practitioner for personal or commercial
gain;
Subject to the supervision and approval of a
supervising lawyer, a certified law student
practitioner may:
3. To perform the duties and responsibilities
to the best of one’s abilities as a law
student practitioner, and
For Level 1 Certification:
1. Interview prospective clients;
4. To strictly observe the Canons of the CPR
(Sec. 6, Rule 138-A, as amended by A.M.
No. 19-03-24-SC)
2. Give legal advice to the client;
3. Negotiate for and on behalf of the client;
Use of law student practitioner’s name
4. Draft legal documents such as affidavits,
compromise
agreements,
contracts,
demand letter, position papers, and the
like;
A law student may sign briefs, pleadings, letters,
and other similar documents which the student
has produced under the direction of the
supervising lawyer, indicating the law student
practitioner’s certificate number (Sec. 7, Rule
138-A, as amended by A.M. No. 19-03-24-SC)
5. Represent
eligible
parties
before
quasi-judicial or administrative bodies;
b) Non-Lawyers in Courts and/or Administrative
Tribunals
A non-lawyer may appear in any of the
proceedings before the Labor Arbiter or
Commission only under the following conditions:
1. He or she represents himself/herself as
party to the case;
2. He or she represents a legitimate labor
organization, which is a party to the case:
Provided that, he/she presents to the
Commission or Labor Arbiter during the
mandatory conference or initial hearing:
a. a certification from the Bureau of
Labor Relations (BLR) or Regional
Office of the Department of
Labor and Employment (DOLE)
attesting that the organization
he/she
represents
is
duly
registered and listed in the roster
of legitimate labor organizations;
b. a verified certification issued by
the secretary and attested to by
the president of the said
organization stating that he/she
is authorized to represent the
said organization in the said case;
and
c. a copy of the resolution of the
board of directors of the said
organization granting him such
authority;
3. He or she represents a member or
members
of
a
legitimate
labor
organization that is existing within the
employer’s establishment, who are
6. Provide public legal orientation and
7. Assist in public interest advocacies for
policy formulation and implementation
(Sec. 4, Rule 138-A, as amended by A.M.
No. 19-03-24-SC).
For Level 2 Certification:
1. Perform all activities under Level 1
Certification;
2. Assist in the taking of depositions and/or
preparing judicial affidavits of witnesses;
3. Appear on behalf of the client at any
stage of the proceedings or trial, before
any court, quasi-judicial or administrative
body;
4. In criminal cases, subject to the
provisions of Section 5, Rule 110 of the
Rules of Court, to appear on behalf of a
government agency in the prosecution of
criminal actions; and
5. In appealed cases, to prepare the
pleadings required in the case (Sec. 4,
Rule 138-A, as amended by A.M. No.
19-03-24-SC).
The duties of law student practitioners are:
1. To observe the provisions of Section
24(b), Rule 130 of the Rules of Court;
4
parties to the case: Provided that, he/she
presents:
a. a verified certification attesting
that he/she is authorized by such
member or members to represent
them in the case; and
b. a verified certification issued by
the secretary and attested to by
the president of the said
organization stating that the
person or persons he/she is
representing are members of
their
organization which is
existing
in
the
employer’s
establishment; and,
4. He or she is a duly-accredited member of
any legal aid office recognized by the
Department of Justice or Integrated Bar
of the Philippines: Provided that, he/she
a. presents
proof
of
his/her
accreditation; and
b. represents a party to the case
(2011 NLRC Rules of Procedure,
section 6(b))
Roll of Attorneys MIchael A. Medado, B.M. No.
2540, September 24, 2013).
6. Public Officials and the Practice of Law
a) Prohibitions and Disqualifications of Former
Government Attorneys
1. Adverse-interest Conflict
A former government lawyer is enjoined
from representing a client in private practice if
the matter is substantially related to a matter
that the lawyer dealt with while employed by the
government and if the interests of the current
and former clients are adverse (PCGG v.
Sandiganbayan, G.R. Nos. 151809-12, April 12,
2005); and
2. Congruent-interest Conflict
The disqualification does not involve a conflict at
all because it prohibits the lawyer from
representing a private practice client even if the
interests of the former government client and the
new client are entirely parallel (PCGG v.
Sandiganbayan, G.R. Nos. 151809-12, April 12,
2005).
c) Proceedings Where Lawyers are Prohibited
to Appear as Counsels
NOTE: It must be observed that the
adverse-interest conflict applies to all lawyers in
that they are generally disqualified from
accepting
employment
in
a
subsequent
representation if the interests of the former
client and the present client are adverse and the
matters involved are substantially related. On the
other hand, congruent- interest representation,
unlike adverse-interest conflict, is unique to
former
government
lawyers
(PCGG
v.
Sandiganbayan, G.R. Nos. 151809-12, April 12,
2005).
Small Claims Cases
General Rule: No Attorney shall appear in behalf
of or represent any party at the hearing
Exception: Attorney is the plaintiff or defendant
(Sec. 19 , A.M. No. 08-8-7-SC)
Note: In small claims cases, appearance of the
plaintiff through a representative is allowed but
must not be a lawyer (Sec. 18, A.M. No.
08-8-7-SC)
Katarungang Pambarangay
b) Public Officials Who Cannot Practice Law or
Can Practice Law with Restrictions
In all Katarunang Pambarangay proceedings,
parties must appear in person without the
assistance of counsel or representative, except
for minors and incompetents who may be assisted
by their next-of-kin who are NOT lawyers. (Sec.
415, Local Government Code of 1991)
I.
Public Officials Who Are Absolutely Prohibited
to Practice Law
1. Judges and other officials or employees of
the superior court (Sec. 35, Rule 138, Rules
of Court);
2. Official or employees of the Office of the
Solicitor General (Sec. 35, Rule 138, Rules of
Court);
3. President, Vice-President, Members of the
Cabinet, their deputies and assistants (Art.
VII, Sec. 13, 1987 Constitution);
4. Members of the Judicial Bar Council (Art.
IX-A, Sec. 2, 1987 Constitution);
5. Prohibited Practice of Non-Lawyers and
Appearance Without Authority
Under Rule 71, Sec. 3 of the Rules of Court, the
unauthorized practice of law by one’s assuming to
be an attorney or officer of the court, and acting
as such without authority, may constitute indirect
contempt of court, which is punishable by fine or
imprisonment or both (In re: Petition to Sign the
5
5. Chairman and Members of the Constitutional
Commissions (Art. IX-A, Sec. 2, 1987
Constitution);
6. Ombudsman and his deputies (Art. XI, Sec 8,
Par. (2), 1987 Constitution);
7. Government
Prosecutors
(People
v.
Villanueva, G.R. No. L-19450, May 27, 1965).
8. Those Prohibited by Special Law from
engaging in the practice of their legal
profession, but if so authorized by the
department head, he may, in an isolated
case, act as counsel for a relative or close
family friend (Noriega v. Sison, A. C. No.
2266, October 27, 1983);
9. Civil service officers or employees whose
duties require them to devote their entire
time at the disposal of the government (Catu
v. Rellosa, A. C. No. 5738, February 19,
2008).
10. Governors, city and municipal mayors (R.A.
No. 7160, Sec. 90);
2. Sanggunian Members may practice their
professions even as a lawyer, provided that they
shall not:
(a) 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;
(b) 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.
(c) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official; and
(d) Use property and personnel of the government
except when the sanggunian member concerned
is defending the interest of the government.
(R.A. No. 7160, Sec. 90).
NOTE: Governors, city mayors, and
municipal mayors are required to render
full time to their functions as local chief
executives (R.A. No. 7610, Sec. 90).
II.
3. Retired Justice or Judge
As a condition of the pension provided under R.A.
No. 910 as amended, no retiring Justice or Judge
of a court of record, or of any city or
municipality, during the time that he/she is
receiving said pension shall appear as counsel
before any court:
Public Officials Who Can Practice Law but
with Restrictions
1. Senators and Members of the House of
Representatives
(a) in any civil case wherein the Government or
any subdivision or instrumentality thereof is the
adverse party, or
They are prohibited to:
(a) personally appear as counsel before any court
of justice or before the Electoral Tribunals, or
quasi-judicial and other administrative bodies;
(b) in any criminal case wherein an incumbent or
former officer or employee of the Government is
accused of an offense committed in relation to
his/ her office, or
(b) directly or indirectly, be interested financially
in any contract with, or in any franchise or
special privilege granted by the Government, or
any subdivision, agency, or instrumentality
thereof, including any government-owned or
controlled corporation, or its subsidiary, during
his term of office;
(c) collect any fee for his/her appearance In any
administrative proceedings to maintain an
Interest to the Government, national, provincial
or municipal, or to any of its legally constituted
officers. (R.A. No. 910, Sec. 1, as amended by
R.A. No. 9946).
(c) intervene in any matter before any office of
the Government for his pecuniary benefit or
where he may be called upon to act on account
of his office. (Art. VI, Sec. 14, 1987 Constitution)
4. Civil Service Officers or Employees Who Are
Not Required to Devote Entire Time at the
Disposal of the Government
Authority to grant permission to any
official or employee shall be granted by the head
of the ministry or agency in accordance with
Section 12, Rule XVIII of the Revised Civil Service
Rules. (Memorandum Circular No. 17, s. 1986)
NOTE: This prohibition pertains specifically to
appearance as counsel for or in representation of
another. Thus, a Senator or Member of the House
of Representatives may appear for himself or
herself. (Pangilinan v. Cayetano, G.R. Nos.
238875 & 239483 (Notice), [August 7, 2018])
6
However, officials who by express
mandate of the law are prohibited from
practicing law, may not, even with the consent of
the department head, engage in the practice of
law (Zeta v. Malinao, A.M. No. P-220, December
20, 1978).
7. Lawyers
Government
Authorized
to
Represent
DUTIES AND RESPONSIBILITIES OF A LAWYER
UNDER THE CODE OF PROFESSIONAL
RESPONSIBILITY
1. To Society
The primary duty of a lawyer to the society or the
State is to maintain allegiance to the Republic of
the Philippines, uphold the Constitution and obey
the laws of the land. (Lawyer’s Oath; Rule 138,
Sec. 20, Rules of Court; Canon 1 of the Code of
Professional Responsibility; Montecillo v. Gica, 60
SCRA 234, October 21, 1974)
the
Any official or other person appointed or
designated in accordance with law to appear for
the Government of the Philippines shall have all
the rights of a duly authorized member of the bar
to appear in any case in which the government
has an interest, direct or indirect (Sec. 33, Rule
138, Rules of Court)
CANON 1
A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF
AND LEGAL PROCESSES.
8. 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, or 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 these voluntary
obligations without any mental reservation or
purpose of evasion. So help me God.
Rule 1.01 - A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
A lawyer shall not engage in:
1. Unlawful Conduct
An act or omission which is against the
law. (Samson v. Restrivera G.R. No
178454, March 28, 2011)
2. Dishonest Act
lack of honesty, probity or integrity in
principle; disposition to defraud, deceit
or betray (Office of the Court
Administrator v. Silongan, A.M. No.
P-13-3137, August 23, 2016)
3. Immoral or deceitful conduct
That conduct which is so willful, flagrant,
or shameless as to show indifference to
the opinion of good and respectable
members of the community. (Dantes v.
Dantes, A.M. No. 6846, September 22,
2004) It involves moral turpitude. (Office
of the Court Administrator v. Ruiz,
February 2, 2016)
The lawyer's oath is not a mere ceremony or
formality for practicing law. Every lawyer should
at all times weigh his actions according to the
sworn promises he makes when taking the
lawyer's oath. (In re of the Admission to the Bar
and Oath-Taking of Successful Bar Applicant
Argosino, B.M. No. 712 (Resolution), July 13,
1995 )
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in the legal system.
By taking the lawyer's oath, an attorney becomes
a guardian of truth and the rule of law, and an
indispensable instrument in the fair and impartial
administration of justice. (Obles vs Deciembere,
A.C. No. 5365, April 27, 2005)
Rule 1.03 - A lawyer shall not, for any
corrupt motive or interest, encourage any
suit or proceeding or delay any man's cause.
7
A. Barratry or ‘maintenance’ (Rule 1.03, Code of
Professional Responsibility)
When the lawyer can refuse to represent an
indigent client:
The offense of inciting or stirring up quarrels,
litigation or groundless lawsuits, either at law or
otherwise (Bouvier Law Dictionary, 1856)
1. If he is in no position to carry out the
work effectively or competently, or
2. If he labors under a conflict of interest
between him and a prospective, or
between a present client and the
prospective client. (Rule 14.03, Canon
14, Code of Professional Responsibility)
1. Volunteering advice to bring lawsuits,
except where ties of blood, relationship
or trust make it a duty to do so.
2. Hunting up defects in titles or other
causes of action in order to be employed
to bring suit or breed litigation.
Rule 2.03 - A lawyer shall not do or permit to
be done any act designed primarily to solicit
legal business.
Purpose: The lawyer may not seek or obtain
employment by himself or through others for to
do so would be unprofessional. (In re: Luis
Tagorda; 1929)
Practice of Law Differs From Business Because
it Involves (Rule 2.03, Canon 2, Code of
Professional Responsibility):
B. Ambulance Chasing (Rule 1.03, Code of
Professional Responsibility)
1. The solicitation of almost any kind of
legal business by an attorney,
2. Personally or through an agent,
3. In order to gain employment. (Linsangan
vs. Tolentino, A.C. No. 6672, September
4, 2009)
1. A duty of public service, of which the
emolument is a by-product, and which
one may attain the highest eminence
without making much money;
2. A relation as an “Officer of the court” to
the administration of justice;
3. A relation to the Clients in the highest
degree of fiduciary;
4. A relation to Colleagues 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 (In Re: Sycip, G.R. No. X92-1, July
30, 1979)
Rule 1.04 - A lawyer shall encourage his
clients to avoid, end or settle a controversy if
it will admit of a fair settlement.
CANON 2
A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE IN AN EFFICIENT AND CONVENIENT
MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.
Rule 2.04 - A lawyer shall not charge rates
lower than those customarily prescribed
unless the circumstances so warrant.
It is the prime duty of a lawyer to see to it that
justice be accorded to all without discrimination.
(Agpalo, Legal and Judicial Ethics, 2009; Rule
2.01, Code of Professional Responsibility)
CANON 3
A LAWYER IN MAKING KNOWN HIS LEGAL
SERVICES SHALL USE ONLY TRUE, HONEST,
FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
Rule 2.01 - A lawyer shall not reject, except
for valid reasons, the cause of the
defenseless or the oppressed.
Rule 3.01 - A lawyer shall not use or permit
the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or
unfair statement or claim regarding his
qualifications or legal services.
Rule 2.02 - In such cases, even if the lawyer
does not accept a case, he shall not refuse to
render legal advice to the person concerned
if only to the extent necessary to safeguard
the latter's rights.
Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of the
mass media in anticipation of, or in return
8
2. Offering retainers in exchange for
executorships or trusteeships to be
influenced by the lawyer;
3. Furnishing
or
inspiring
newspaper
comments concerning the manner of their
conduct, the magnitude of the interests
involved, the importance of a lawyer’s
position,
and
all
others
like
self-laudation. (Canon 27, Canons of
Professional Ethics)
for, publicity to attract legal business.
Instances of Permissible Advertisement: (Rule
3.01,
Canon
3,
Code
of
Professional
Responsibility)
1. Writing Legal Articles;
2. Engaging in business or other occupations
except when such could be deemed
improper, be seen as deemed improper,
be seen as indirect solicitation, or would
be the equivalent of law practice;
3. Publication in reputable lists, but only of
brief biographical and informative data.
The reputable law list must be published
primarily for that purpose. It cannot be a
mere supplement of a magazine or
journal.
4. Use of an ordinary professional card;
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 offer 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;
11. Selling for publication an article of
general nature on legal subjects;
12. Sending upon request his picture for
publication with the article in law
journal; and
13. Submitting for publication to a bar
association journal an unsolicited article
on a legal subject (Agpalo, Legal and
Judicial Ethics, 2009, pp. 120-123)
Rule 3.02 - In the choice of a firm name, no
false, misleading or assumed name shall be
used. The continued use of the name of a
deceased partner is permissible provided
that
the
firm indicates in all its
communications
that
said partner is
deceased.
Rule 3.03 - Where a partner accepts public
office, he shall withdrawal from the firm and
his name shall be dropped from the firm
name unless the law allows him to practice
law currently.
In the
1.
2.
3.
choice of a firm name, no:
False
Misleading
Assumed name shall be used. (Rule 3.02,
Canon
3,
Code
of
Professional
Responsibility)
Exception: The use of a firm name of a deceased
partner is permitted by local custom since it is
not unethical as long as "no imposition or
deception is practiced through this use.”
(Memorandum of Salazar, et al., pp. 8-10;
Petition of Romulo, et al., pp. 3-4.) (In Re: Sycip,
Salazar, Feliciano, Hernandez & Castillo, G.R. No.
X92-1 (Resolution), [July 30, 1979])
CANON 4
A LAWYER SHALL PARTICIPATE IN THE
DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
Objectives of the Integrated Bar:
1. To elevate the standards of Legal
Profession;
2. To improve the administration of Justice;
and
3. To enable the Bar to discharge its public
responsibilities more effectively. (Sec. 2,
Prohibited Advertisements
1. Through routers of any kind whether
allied; real estate firms or trust
companies advertising to secure the
drawing of deeds or wills;
9
The Integrated Bar of the Philippines
By-laws)
5. At least four (4) hours shall be devoted to
legal
writing
and
oral
advocacy
equivalent to four (4) credit units.
6. At least two (2) hours shall be devoted to
international law and international
conventions equivalent to two (2) credit
units.
7. The remaining six (6) hours shall be
devoted to such subjects as may be
prescribed by the MCLE Committee
equivalent to six (6) credit units (Sec. 2,
Rule 2, B.M. 850)
CANON 5
A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING
LEGAL EDUCATION PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGH STANDARDS IN
LAW SCHOOLS AS WELL AS IN THE PRACTICAL
TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING THE LAW AND
JURISPRUDENCE.
Parties exempted from the MCLE
The following members of the Bar are exempt
from the MCLE requirement:
1. The President and the Vice President of
the Philippines, and the Secretaries and
Undersecretaries
of
Executive
Departments;
2. Senators and Members of the House of
Representatives; Congress
3. The Chief Justice and Associate Justices
of the Supreme Court, incumbent and
retired members of the judiciary,
incumbent members of the Judicial and
Bar Council and incumbent court lawyers
covered by the Philippine Judicial
Academy program of continuing judicial
education;
4. The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of
the Department of Justice;
5. The Solicitor General and the Assistant
Solicitors General;
6. The Government Corporate Counsel,
Deputy
and
Assistant
Government
Corporate Counsel;
7. The Chairmen 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 ten (10) years in
accredited law schools;
11. The Chancellor, Vice-Chancellor and
members of the Corps of Professors and
Professorial Lecturers of the Philippine
Judicial Academy; and
12. Governors and Mayors.
13. Those who are not in law practice,
private or public.
Three-fold obligation of a lawyer after
admission to the practice
1. To himself - To continue improving his
knowledge of the law
2. To the profession - To take an active
interest in the maintenance of high
standards of legal obligation
3. To the public - To make the law a part of
its social consciousness (Agpalo, Legal
and Judicial Ethics, 2009, p. 80)
Education Activity
A continuing legal education activity offered by
an accredited provider and approved by the
Committee for the relevant compliance period
(Sec. 1, Mandatory Continuing Legal Education
Implementing Regulations).
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 (Sec. 1, Rule
1, B.M. 850)
Requirements on Completion of MCLE
Members of the IBP not exempt under Rule 7 shall
complete every three (3) years at least thirty-six
(36) hours of continuing legal education activities
approved by the MCLE Committee. Of the 36
hours:
1. At least six (6) hours shall be devoted to
legal ethics equivalent to six (6) credit
units.
2. At least four (4) hours shall be devoted to
trial and pretrial skills equivalent to four
(4) credit units.
3. At least five (5) hours shall be devoted to
alternative dispute resolution equivalent
to five (5) credit units.
4. At least nine (9) hours shall be devoted to
updates on substantive and procedural
laws, and jurisprudence equivalent to
nine (9) credit units.
10
14. Those who have retired from law practice
with the approval of the IBP Board of
Governors (Secs. 1 & 2, Rule 7, B.M. 850)
Good cause for exemption from or modification of
requirement
A member may file a verified request setting
forth good cause for exemption (such as physical
disability, illness, post graduate study abroad,
proven expertise in law, etc.) (Sec. 3, Rule 7,
B.M. 850).
innocence of the accused is highly
reprehensible and is cause for disciplinary
action.
Rule 6.02 - A lawyer in the government
service shall not use his public position to
promote or advance his private interests, nor
allow the latter to interfere with his public
duties.
Public officials include:
Elective and appointive officials and employees,
permanent or temporary, whether in the career
or non-career service, including military and
police personnel, whether or not they receive
compensation, regardless of amount.
Proof of exemption
Applications for exemption from or modification
of the MCLE requirement shall be under oath and
supported by documents (Rule 7, Sec. 5, B.M.
850).
What constitutes non-compliance?
The following shall constitute non-compliance:
1. Failure to complete the education
requirement within the compliance
period;
2. Failure to provide attestation of
compliance or exemption;
3. Failure to provide satisfactory evidence
of compliance (including evidence of
exempt status) within the prescribed
period;
4. Failure
to
satisfy
the
education
requirement and furnish evidence of such
compliance within sixty (60) days from
receipt of non-compliance notice;
5. Failure to pay non-compliance fee within
the prescribed period;
6. Any other act or omission analogous to
any of the foregoing or intended to
circumvent or evade compliance with the
MCLE requirements (Rule 12, Sec. 1, B.M.
850).
Public officials who cannot practice law
1. Judges and other officials or employees
of the superior court;Officials and
employees of
2. The Office of the Solicitor General; (Sec.
35, Rule 138, Rules of Court)
3. Government prosecutors; (People v.
Villanueva, G.R. No. L-19450, May 27,
1965)
4. President, Vice President, Members of the
Cabinet, their deputies and assistants;
(Sec. 15, Art. VIII, 1987 Constitution)
5. Members
of
the
Constitutional
Commissions; (Sec. 2, Art IX-A, 1987
Constitution)
6. All governors, city and municipal mayors;
(Sec. 90, R.A. No. 7160)
7. Ombudsman and his deputies; (Sec. 8,
Art. IX, 1987 Constitution)
8. Government officials who, by express
mandate of the law, are prohibited from
practicing law, may not, even with the
consent of the department concerned,
engage in the practice of law; but is so
authorized by the department head, he
may, in an isolated case act as counsel for
a relative or close family friend;
9. Civil service officers or employees whose
duties require them to devote their
entire time at the disposal of the
government.
Consequences of Non-Compliance
1. Non-compliance fee
2. Listing as delinquent member
3. Accrual of membership fee (Secs. 1-3,
Rule 13, B.M. 850)
CANON 6
THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICE IN THE DISCHARGE OF
THEIR OFFICIAL TASKS.
Norms of conduct of public officials
Norms of conduct is expected from government
counsels as public officials in the conduct and
execution of their duties:
1. Commitment to public interest
2. Professionalism
3. Justness and sincerity
4. Political neutrality
Rule 6.01 - The primary duty of a lawyer
engaged in public prosecution is not to
convict but to see that justice is done. The
suppression of facts or the concealment of
witnesses capable of establishing the
11
5.
6.
7.
8.
Responsiveness to the public
Nationalism and patriotism
Commitment to democracy
Simple living (R.A. No. 6713; Sec.4, Code
of Conduct and Ethical Standards for
Public Officials and Employees)
which he had intervened while in said
service.
How
government
lawyers
may
government service:
1. Retirement;
2. Resignation;
3. Expiration of the term of office;
4. Abandonment;
5. Dismissal
Who is a Public Prosecutor and what is his duty?
(Rule 6.01, Code of Professional Responsibility)
1. He is a quasi-judicial officer.
2. He is a representative of a sovereignty
whose obligation and interest in a
criminal prosecution is not that it shall
win a case but that justice shall be done.
3. He has the solemn responsibility to assure
the public that while guilt shall not
escape, innocence shall not suffer.
leave
General Rule: Practice of profession is allowed
immediately after leaving public service.
Exceptions: The lawyer cannot practice as to
matters with which he had connection during his
term. This prohibition lasts:
a. For one year, if he had not intervened;
b. Permanently, if he had intervened (Sec.
7, R.A. No. 6713)
Applicability of the Rule on Conflict of Interest
between public and private practice. (Rule
6.02,
Canon
6,
Code
of
Professional
Responsibility)
1. Lawyers in government service allowed by
law to engage in private practice
concurrently; and
2. Those who, though prohibited from
engaging in the practice of law, have
friends, former associates and relatives
who are in the active practice of law.
2. To the Legal Profession
CANON 7
A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES
OF THE INTEGRATED BAR.
Public officials and employees during their
incumbency shall NOT:
1. Own, control, manage or accept
employees
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. Recommend any person to any position in
a private enterprise which has a regular
or pending official transaction with their
office;
3. 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; and
4. Use or divulge confidential or classified
information officially known to them by
reason of their office and not available to
the public (Sec. 7, R.A. No. 6713)
The Constitution vests upon the Supreme Court
the power to integrate the Philippine Bar. Such
power is an inherent part of the Court’s
constitutional authority over the Bar (1987
Constitution, Article VIII. Sec. 5, par. 5)
Integration does not make a lawyer a member of
any group of which he is not 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 a
ready member (In Re: Edillion, A.M. No. 1928
August 3, 1978).
Integrated Bar of the Philippines Objectives
1. To elevate the standards of Legal
Profession;
2. To improve the administration of Justice;
and
3. To enable the Bar to discharge its public
responsibilities more effectively. (Sec. 2,
The Integrated Bar of the Philippines
By-laws)
Rule 6.03 - A lawyer shall not, after leaving
government service, accept engagement or
employment in connection with any matter in
Purpose
12
1. To assist in the administration of justice;
2. To foster and maintain on the part of its
members high ideals of integrity,
learning, professional competence, public
service and conduct;
3. To safeguard the professional interest of
its members;
4. To cultivate among its members a spirit of
cordiality and brotherhood;
5. To provide a forum for the discussion of
law, jurisprudence, law reform, pleading,
practice and procedure, and the relations
of the bar to the bench and to the public,
and publish information relating thereto;
6. To encourage and foster legal education;
7. To promote a continuing program of legal
research in substantive and adjective law
and make reports and recommendations
thereon. (Sec. 2, The Integrated Bar of
the Philippines By-laws)
2. If retired - written application to and
approval by the Board of Governors. (Sec.
22, The Integrated Bar of the Philippines
By-laws)
Rule 7.01 - 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.
Discovery of False statements or Suppression of
Material Fact in the application for admission to
the Bar
1. Before the candidate could take the bar
examinations - he will be denied
permission to take the examinations.
2. After the candidate has passed the
examinations but before having taken his
oath - he will not be allowed to take his
oath as a lawyer.
3. After the candidate had taken his oath as
a lawyer - his name will be stricken from
the Roll of Attorneys (Sec. 21, The
Integrated Bar of the Philippines By-laws)
Members of the Integrated Bar of the
Philippines
1. All lawyers whose names were in the Roll
of Attorneys of the Supreme Court on
January 16, 1973; and
2. All lawyers whose names were included
or are entered therein after the said
date. (Sec. 18, The Integrated Bar of the
Philippines By-laws)
Honest mistake as excuse in making false
statement
To be liable for suppressing a fact or information
in the application, the suppression must be:
1. Deliberately or knowingly made; and;
2. The fact or information suppressed must
be material. (Rule 7.01, Canon 7, Code of
Professional Responsibility)
How voluntary termination of IBP Membership
is effected
1. Resignation - Any member may voluntarily
terminate his membership by filing a
verified notice to such effect with the
Secretary of the IBP, who shall bring the
matter to the attention of the Supreme
Court.
2. Retirement Any member in good
standing who shall have attained the age
of 75 years, or who shall have been 40
years as lawyer shall, by reason of
physical disability or judicially adjudged
mental incapacity, be unable to engage in
the practice of law, may be retired upon
verified petition to the Board of
Governors. (Retired members shall not
practice law or be required to pay dues).
(Sec. 22, The Integrated Bar of the
Philippines By-laws)
Rule 7.02 - A lawyer shall not support the
application for admission to the bar of any
person known by him to be unqualified in
respect to character, education, or other
relevant attributes.
Rule 7.03 - A lawyer shall not engage in
conduct that adversely reflects on his fitness to
practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to
the discredit of the legal profession.
Acts that justify suspension from practice or
disbarment:
1. Gross immorality;
2. Conviction of a crime involving moral
turpitude (De Jesus-Paras v. Vailoces A.C.
No. 439, April 12, 1961);
3. Fraudulent transactions.
Reinstatement
1. If resigned - written application for
reinstatement with the Board of
Governors, which within 15 days shall be
forwarded to the SC with their
recommendation.
13
CANON 8
A LAWYER SHALL CONDUCT HIMSELF WITH
COURTESY, FAIRNESS AND CANDOR TOWARDS
HIS PROFESSIONAL COLLEAGUES, AND SHALL
AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
CANON 9
A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any
task which by law may only be performed by
a member of the bar in good standing.
Rule 8.01 - A lawyer shall not, in his
professional dealings, use language which is
abusive, offensive or otherwise improper.
Courtesy, fairness, and
professional colleagues
candor
towards
Reasons:
1. The responsibilities and qualifications of
a lawyer are individual.
2. The lawyer’s relation to his client is
personal.
3. The lawyer’s responsibility to the client is
direct. (Pineda, Legal and Judicial Ethics,
1994)
A lawyer shall not, in his professional dealings,
use language, which is:
1. abusive
2. offensive or
3. otherwise improper. (Rule 8.01, Canon 8,
Code of Professional Responsibility)
Rule 9.02 - A lawyer shall not divide or
stipulate to divide a fee for legal services
with persons not licensed to practice law,
except:
a. Where there is a pre-existing
agreement with a partner or
associate that, upon the latter's
death, money shall be paid over a
reasonable period of time to his
estate or to persons specified in the
agreement; or
b. Where a lawyer undertakes to
complete unfinished legal business of
a deceased lawyer; or
c. Where a lawyer or law firm includes
non-lawyer
employees
in
a
retirement plan even if the plan is
based in whole or in part, on a profit
sharing agreement.
Rule 8.02 - A lawyer shall not, directly or
indirectly, encroach upon the professional
employment of another lawyer, however, it is
the right of any lawyer, without fear or favor,
to give proper advice and assistance to those
seeking relief against unfaithful or neglectful
counsel.
Candor, fairness, and truthfulness should
characterize relations (Rule 8.02, Canon 8, Code
of Professional Responsibility)
1. He should not ignore recognized customs
and practices of the bar. (Canon 25,
Canons of Professional Ethics)
2. He should not yield to his client’s demand
that he should be illiberal, nor should he
do anything repugnant to his sense of
honor and propriety. (Canon 24, Canons
of Professional Ethics)
3. He should not take advantage of the
excusable unpreparedness or absence of
counsel during the trial of a case. (Yulo v.
Yang Chiao Seng, G.R. No. L-12541, March
30, 1960)
4. A lawyer who rudely interrupts his fellow
lawyer while the latter was making
representations on behalf of the other
party is in violation of this Canon.
(Bugaring v. Espanol, G.R. No. 133090,
January 19, 2001)
5. A lawyer should not avoid performance of
an agreement fairly made, simply
because it has not been reduced into
writing.
General Rule: A lawyer shall not divide or
stipulate to divide a fee for legal services with a
person not licensed to practice law.
Exceptions:
a. Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer;
b. Where there is a pre-existing agreement
with a partner or associate that, upon the
latter’s death, money shall be paid over a
reasonable period of time to his estate or
to persons specified in the agreement.
14
3. To the Courts
3. Asserting as a fact that which has not
been proved (Rule 10.02, Canon 10, Code
of Professional Responsibility)
4. Although he is required to serve his
clients
with
utmost
dedication,
competence and diligence, his acts must
always be within the bounds of law
(Lukang v. Llamas, A.C. No. 4178, July 8,
2019).
CANON 10
A LAWYER OWES CANDOR, FAIRNESS AND
GOOD FAITH TO THE COURT.
Rule 10.01 - A lawyer shall not do any
falsehood, nor consent to the doing of any in
Court; nor shall he mislead, or allow the
Court to be misled by any artifice.
CANON 11
A LAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO
JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
Rule 10.02 - 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 law a
provision already rendered inoperative by
repeal or amendment, or assert as a fact that
which has not been proved.
Rule 11.01 - A lawyer shall appear in court
properly attired.
Rule 10.03 - A lawyer shall observe the rules
of procedure and shall not misuse them to
defeat the ends of justice.
Lawyer Shall Appear in Proper Attire (Rule
11.01, Canon 11, Code of Professional
Responsibility)
1. Both male and female lawyers must
always be in business attire
2. Appearing in court properly attired helps
in maintaining the dignity and esteem the
courts and the legal profession are
entitled to.
3. The court can hold the lawyer in
contempt of court if he appears in
improper attire. (Agpalo, Legal and
Judicial Ethics, 2009, p.152-153)
Obligations
Related
to
Candor:
(Rule
10.01-10.03, Code of Professional Responsibility)
1. Not to suppress material and vital facts
which bear on the merit or lack of merit
of the complaint or petition (Santos v.
Paguio, A.M. No. MTJ-93-781 November
16, 1993);
2. To
volunteer
to the court any
development of the case which has
rendered the issue raised moot and
academic (Chan Kian v. Angsin, G.R. No.
L-28131, February 28, 1972);
3. To disclose to court any decision adverse
to his position of which opposing counsel
is apparently ignorant and which the
court should consider in deciding a case
(Agpalo, Legal and Judicial Ethics, 2009);
and
4. Not to represent himself as a lawyer for a
client, appear in court, and present
pleadings on the latter’s behalf, only to
claim later that he was not authorized to
do so (Id. at 144-145)
Proper attire (Rule 11.01, Canon 11, Code of
Professional Responsibility)
● Males are highly recommended to wear
Long-sleeved Barong Tagalog or coat and
tie.
● For male lawyers, “business attire”
means either Barong Tagalog or coat and
tie). Female: Semi-formal or business
attires
● Judges: Same attire as above under their
robes.
Rule 11.02 - A lawyer shall punctually appear
at court hearings.
Lawyers are prohibited from:
1. Knowingly misquoting or misrepresenting:
a. Contents of a paper
b. Language
or
argument
of
opposing counsel
c. Text of a decision or authority
2. Knowingly citing as law, a provision
already rendered inoperative by repeal or
amendment
Rule 11.03 - A lawyer shall abstain from
scandalous, offensive or menacing language
or behavior before the Courts.
Rule 11.04 - A lawyer shall not attribute to a
Judge motives not supported by the record
or have no materiality to the case.
15
CANON 12
A LAWYER SHALL EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Right and Duty of a Lawyer to Criticize Courts
Observing respect due to the courts means that a
lawyer should conduct himself toward judges:
(Rule 11.04, Code of Professional Responsibility)
1. With the courtesy everyone is entitled to
expect (Paragas v. Cruz, G.R. No.
L-24438, July 30, 1965).
2. With the propriety and dignity required
by the courts (Salcedo v. Hernandez, G.R.
No. L-42992, August 8, 1935).
Rule 12.01 - 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 proferrence. He should also be ready with
the original documents for comparison with
the copies.
Respect due to the courts and judicial officers
A lawyer owes the court the duty to observe and
maintain a respectful attitude. (Department of
Health v. Sy Chi Siong Co., Inc., et al., G.R. No.
85289, February 20, 1989).
1. Respect of courts helps build the high
esteem and regard towards them which is
essential to the proper administration of
justice. (People v. Carillo, G.R. No.
L-283, October 30, 1946)
2. Observing respect due to the courts
means that a lawyer should conduct
himself toward judges:
a. With
courtesy
everyone
is
entitled to expect (Paragas v
Cruz, G.R. L-24438, July 30,
1965);
b. With the propriety and dignity
required by the courts. (Salcedo v
Hernandez, G.R. L- 42992, August
8, 1935)
3. As officers of the court to properly
apprise their clients on matters of
decorum and proper attitude toward
courts of justice, and to labor leaders of
the
importance
of
a
continuing
educational program for their members
(Nestle Phils. v. Sanchez, G.R. No. 75209,
September 30, 1987).
4. An imputation in a pleading of gross
ignorance against a court or its judge,
especially in the absence of any
evidence, is a serious allegation and
constitutes direct contempt of court
(Habawel v. CTA, G.R. No. 174759,
September 7, 2011)
Rule 12.02 - A lawyer shall not file multiple
actions arising from the same cause.
Certificate Against Non-Forum Shopping
There is forum-shopping when, between an action
pending before this Court and another one, there
exist:
1. Identity of Parties, or at least such
parties as represent the same interests in
both actions;
2. Identity of Rights asserted and relief
prayed for, the relief being founded on
the same facts; and
3. The identity of the two preceding
particulars is such that any judgment
rendered particulars is such that any
judgment rendered in the other action,
will, regardless of which party is
successful amount to res judicata in the
action under consideration (Collantes v.
Court of Appeals, G.R. No. 169604, March
6, 2007)
Test to determine forum shopping
Whether the elements of litis pendentia are
present or whether a final judgment in one case
will amount to res judicata in another. (First Phil.
International Bank v. CA, G.R. No. 115849,
January 24, 1996)
Penalties for Violation of the Rule against
Forum Shopping:
1. Failure to comply with the requirements
shall not be curable by mere amendment
of the complaint or other initiatory
pleading but shall be a cause for dismissal
of the case without prejudice, unless
otherwise provided, upon motion and
after hearing;
2. The submission of a false certification or
non-compliance
with
any
of the
undertakings therein shall constitute
Rule 11.05 - A lawyer shall submit grievances
against a Judge to the proper authorities
only.
16
indirect Contempt of court, without
prejudice
to
the
corresponding
administrative and criminal actions; and
3. If the acts of the party or his counsel
clearly constitute willful and deliberate
forum shopping, the same shall be ground
for Summary dismissal with prejudice and
shall constitute Direct contempt, as well
as a cause for Administrative sanctions
(Sec. 5, Rule 7, Rules of Court)
3. Not to be examined except only as to
matters pertinent to the issue;
4. Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law; and
5. Not to give an answer which will tend to
degrade his reputation, unless it be the
very fact at issue or to a fact from which
the fact in issue would be presumed. But
a witness must answer to the fact of his
previous final conviction for an offense
(Sec. 3, Rule 132, Rules of Court)
Rule 12.03 - A lawyer shall not, after
obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse
without submitting the same or offering an
explanation for his failure to do so.
Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except:
a. on formal matters, such as the
mailing, authentication or custody of
an instrument, and the like; or
b. 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.
Rule 12.04 - A lawyer shall not unduly delay
a case, impede the execution of a judgment
or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from
talking to his witness during a break or recess
in the trial, while the witness is still under
examination.
Instances When a Lawyer May NOT Testify as a
Witness in a Case Which He is Handling for a
Client: (Rule 12.08, Code of Professional
Responsibility)
1. He cannot serve conflicting interests;
2. Having accepted a retainer, he cannot be
a witness against his client;
3. When such would adversely affect any
lawful interest of the client with respect
to which confidence has been reposed on
him;
4. When he is to violate the confidence of
his client; and
5. When as an attorney, he is to testify on
the theory of the case (Agpalo, Legal and
Judicial Ethics, 2009)
Rule 12.06 - A lawyer shall not knowingly
assist a witness to misrepresent himself or to
impersonate another.
Rule 12.07 - A lawyer shall not abuse,
browbeat or harass a witness nor needlessly
inconvenience him.
Duty Not to Delay Administrative Processes
1. The intentional delay and utter refusal to
abide with the Court's orders is a great
disrespect to the Court which cannot be
tolerated. Atty. Ediza willfully left
unheeded all the warnings imposed upon
him, despite the earlier six-month
suspension that was meted out to him for
his administrative liability. (Floran v.
Ediza, A.C. No. 5325, February 9, 2016)
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 custody of an
instrument and the like (Canon 12, Code
of Professional Responsibility; Sec. 3,
Rule 132);
2. Acting as an expert on his fee; 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 (Canon 12, Code
Rights of a Witness Under the Rules of Court:
(Rule 12.07, Code of Professional Responsibility)
A witness must answer questions, although his
answer may tend to establish a claim against him.
However, it is the right of a witness:
1. To be protected from irrelevant,
improper, orinsulting questions, and from
harsh or insulting demeanor;
2. Not to be detained longer than the
interests of justice require;
17
of Professional Responsibility; Sec. 3,
Rule 132, Rule);
3. Deposition; and
4. Acting as an arbitrator
4. To the Clients
Duty to disclose pending cases
CANON 14
A LAWYER SHALL NOT REFUSE HIS SERVICES
TO THE NEEDY.
A disclosure of any pending case at the time the
initiatory pleading is filed must be made, even if:
1. He has withdrawn the pending case, or
2. It has otherwise been terminated; or
3. The initiatory pleading is not based on
the same cause of action as the pending
case. (Soller v. Comelec, 339 SCRA 378,
1998)
Rule 14.01 - A lawyer shall not decline to
represent a person solely on account of the
latter's race, sex. creed or status of life, or
because of his own opinion regarding the
guilt of said person.
Rule 14.02 - A lawyer shall not decline,
except for serious and sufficient cause, an
appointment as counsel de officio or as
amicus curiae, or a request from the
Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.
CANON 13
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.
Rule 14.03 - A lawyer may not refuse to
accept representation of an indigent client
unless:
(a) he is not in a position to carry out
the work effectively or competently;
(b) he labors under a conflict of
interest between him and the
prospective client or between a
present client and the prospective
client.
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity
with Judges.
Rule 13.02 - A lawyer shall not make public
statements in the media regarding a pending
case tending to arouse public opinion for or
against a party.
Contemptuous Public Statements after the
termination of the case
1. Where it tends to bring the court into
disrespect or, in other words, to
scandalize the court; or
2. Where there is a clear and present danger
that the administration of justice would
be impeded (People v. Godoy, G.R. Nos.
115908-09, March 29, 1995)
The characteristics of the
relationship: (PCF)
1. Strictly personal;
2. Highly confidential;
3. Fiduciary
attorney-client
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.
Test when public statement is contemptuous:
The character of the act done and its direct
tendency to prevent and obstruct the discharge
of official duty is the test to determine whether a
newspaper publication concerning a pending case
is contemptuous (In Re: Emil P. Jurado, A.M. No.
93-2-037 SC, April 6, 1995)
Exceptions:
a. A lawyer shall not refuse his services to
the needy. (Canon 14, Code of
Professional Responsibility)
b. A lawyer shall not decline to represent a
person solely on account of the latter’s
race, sex, creed or status of life, or
because of his own opinion regarding the
guilt of said person. (Rule 14.01, Code of
Professional Responsibility)
Rule 13.03 - A lawyer shall not brook or
invite interference by another branch or
agency of the government in the normal
course of judicial proceedings.
18
c. A lawyer may not refuse to accept
representation of an indigent client
unless:
i.
He is in no position to carry out
the
work
effectively
or
competently;
ii.
He labors under a conflict of
interest between him and the
prospective client or between a
present
client
and
the
prospective client. (Rule 14.03,
Code
of
Professional
Responsibility)
Considerations in the appointment of a counsel
de officio:
1. Gravity of the offense;
2. Difficulty of the questions that may arise;
3. Experience and ability of the appointee.
When the court may appoint a counsel de
officio in criminal actions:
1. Before arraignment, the court shall
inform the accused of his right to counsel
and ask him if he desires to have one.
Unless the accused is allowed to defend
himself in person or has employed
counsel of his choice, the court must
assign a counsel de officio to defend him
(Sec. 6, Rule 116, Rules of Court)
A court may assign an attorney to render
professional aid free of charge to any party in a
case, if upon investigation it appears that the
party is destitute and unable to employ an
attorney, and that the services of counsel are
necessary to secure the ends of justice and to
protect the rights of the party. It shall be the
duty of the attorney so assigned to render the
required service, unless he is excused therefrom
by the court for sufficient cause shown (Section
31, Rule 138, Rules of Court).
2. It is the duty of the clerk of the trial
court, upon filing of a notice of appeal,
to ascertain from the appellant, if
confined in prison, whether he desires
the Regional Trial Court, Court of Appeals
or the Supreme Court to appoint a
counsel de officio (Sec. 13, Rule 112,
Rules of Court).
Who may be appointed as counsel de officio in
criminal cases:
1. A member of the bar in good standing
who, by reason of their experience and
ability, can competently defend the
accused (Sec. 7, Rule 116, Rules of Court)
2. In localities without lawyers:
a. Any person, resident of the
province and of good repute for
probity and ability (Sec. 7, Rule
116, Rules of Court);
Note: In relation to Sec.
34, Rule 138, Rules of
Court this is only allowed
in the municipal trial
court.
b. A municipal judge or a lawyer
employed
in
any
branch,
subdivision or instrumentality of
the government within the
province [Sec. 1, PD 543
(Authorizing the Designation of
Municipal Judges and Lawyers in
any Branch of the Government
Service to Act as Counsel De
Officio for the Accused Who Are
Indigent in Places Where There
Are No Available Practicing
Attorneys)].
3. The clerk of the CA shall designate a
counsel de officio if it appears from the
case record that:
1. The accused is confined in prison,
2. Is without counsel de parte on
appeal, or
3. Has signed the notice of appeal
himself, the clerk of Court of
Appeals shall designate a counsel
de officio.
4. An appellant who is not confined
in prison may, upon request, be
assigned a counsel de officio
within ten days from receipt of
the notice to file brief and he
establishes his right thereto (Sec.
2, Rule 124, Rules of Court).
Rule 14.04 - A lawyer who accepts the cause
of a person unable to pay his professional
fees shall observe the same standard of
conduct governing his relations with paying
clients.
19
2. from a professional legal adviser in his
capacity as such,
3. the communications relating to that
purpose,
4. made in confidence
5. by the client,
6. are at his instance permanently protected
7. from disclosure by himself or by the legal
advisor,
8. except the protection be waived.
CANON 15
A LAWYER SHALL PRESERVE THE SECRETS OF
A PROSPECTIVE CLIENT.
Rule 15.01. - A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would
involve a conflict with another client or his
own interest, and if so, shall forthwith inform
the prospective client.
Requisites Of Privileged Communication:
1. There exists an attorney and client
relationship or a kind of consultancy
relationship with a prospective client.
That is, legal advice 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
(Jimenez vs. Atty.
Francisco, A.C. No. 10548, December 10,
2014)
Rule 15.02.- A lawyer shall be bound by the
rule on privilege communication in respect of
matters disclosed to him by a prospective
client.
Confidential communication
Information transmitted by voluntary act of
disclosure between attorney and client in
confidence and by means which so far as the
client is aware, discloses the information to no
third person other than one reasonably necessary
for the transmission of the information or the
accomplishment of the purpose for which it was
given [Mercado v. Vitriolo, A.C. No. 5108 (2005)].
Basic
Limitations
of
the
Privileged
Communication
1. The communication or the physical object
must have been transmitted to the
counsel by the client for the purpose of
seeking legal advice. Otherwise, there is
no privileged communication.
2. The privilege is limited or has reference
only to communications which are within
the ambit of lawful employment and does
not extend to those transmitted in
contemplation of future crimes or frauds.
General Rule: Lawyers shall preserve the
confidences and secrets of his client even after
the attorney-client relation is terminated
Exceptions:
a. When the revelation is authorized by the
client after having been acquainted of
the consequences of disclosure;
b. When the revelation is required by law;
c. When necessary to collect the lawyer’s
fees or to defend himself, his employees
or associates or by judicial action (Rule
21.01, Canon 21, Rules of Court)
Rule 15.03. - A lawyer shall not represent
conflicting interests except by written
consent of all concerned given after a full
disclosure of the facts.
Parties
1.
2.
3.
entitled to invoke the privilege:
The client
The lawyer
The lawyer’s secretary, stenographer, or
clerk
who
acquired
confidential
communication in such capacity, save
only when the client and the attorney
jointly consent thereto (Rule 130, Sec.
21(b), Revised Rules of Court)
4. Prospective Clients
Conflict of interest
There is conflict of interest when a lawyer
represents inconsistent interests of two or more
opposing parties [Hornilla v. Salunat, A.C. No.
5804 (2003)]
Requisites:
1. There are conflicting duties;
2. The acceptance of the new relations
invites or actually leads to unfaithfulness
or double-dealing to another client; or
3. The attorney will be called upon to use
against his first client any knowledge
acquired in the previous employment.
Essential factors to establish the existence of
the attorney-client privilege communication
according to Dean Wigmore (Mercado v. Vitriolo,
A.C. No. 5108):
1. Where legal advice of any kind is sought
20
client, shall give a candid and honest opinion
on the merits and probable results of the
client's case, neither overstating nor
understating the prospects of the case.
Test to Determine Conflicting Interest
1. Conflicting Duties: will the attorney be
required to contest for that which his
duty to another client requires him to
oppose? (Pineda, Legal Ethics Annotated,
p. 247). Will it prevent an attorney from
the full discharge of his duty of undivided
fidelity and loyalty to his client?
(Humberto Lim vs Atty. Nianor Villarosa,
A.C. No. 5303, June 15, 2006)
2. Invitation
of
Suspicion:
Will
the
acceptance of a new relation invite
suspicion and/or actually lead to
unfaithfulness or double-dealing towards
another client? (Santos vs. Beltran, A.C.
No. 5858, December 11, 2003)
3. Use of Prior Knowledge Obtained: Will the
attorney be called upon in his new
relation to use against his former client
any knowledge acquired in the previous
employment? (Gonzales vs. Cabucana,
A.C. No. 6836, January 2006).
Rule 15.06. - A lawyer shall not state or
imply that he is able to influence any public
official, tribunal or legislative body.
Rule 15.07. - A lawyer shall impress upon his
client compliance with the laws and the
principles of fairness.
Rule 15.08. - A lawyer who is engaged in
another
profession
or
occupation
concurrently with the practice of law shall
make clear to his client whether he is acting
as a lawyer or in another capacity.
CANON 16
A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS POSSESSION.
The test to determine whether there is a
conflict of interest in the representation is
probability, not certainty, of conflict.
Rule 16.01 - A lawyer shall account for all
money or property collected or received for
or from the client.
General Rule: Representing adverse interest may
result in:
a. Disqualification as counsel in the new
case;
b. If prejudicial to interests of latter client,
setting aside of a judgment;
c. Administrative and criminal (for betrayal
of trust) liability;
d. Forfeiture of attorney’s fees.
Rule 16.02 - A lawyer shall keep the funds of
each client separate and apart from his own
and those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds
and property of his client when due or upon
demand. However, he shall have a lien over
the funds and may apply so much thereof as
may be necessary to satisfy his lawful fees
and disbursements, giving notice promptly
thereafter to his client. He shall also have a
lien to the same extent on all judgments and
executions he has secured for his client as
provided for in the Rules of Court.
Exception: Representation of conflicting interests
is allowed where clients knowingly consent to the
dual representation.
Exception to the exception: A lawyer cannot
continue representing a client in an action even
with the client’s consent after the lawyer brings
suit on his own behalf, against the defendant if it
is uncertain whether the defendant will be able
to satisfy both judgments. A lawyer is not
authorized to have financial stakes in the subject
matter of the suit brought on behalf of his client.
[Gamilla v. Marino Jr, AC No. 4763, (2003)]
A lawyer shall account for all money or
property collected or received from the client
(Rule 16.01, Code of Professional Responsibility):
1. Keep the funds of each client separate
and apart from his own and others (Rule
16.02,
Code
of
Professional
Responsibility);
2. Deliver the funds and properties to his
client
upon
demand,
subject
to
application of lien over the same (Rule
16.03,
Code
of
Professional
Responsibility)
Rule 15.04. - A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
Rule 15.05. - A lawyer, when advising his
21
1. In case of conflicting views, a lawyer’s
personal interests and loyalties may not
dilute the diligence or vigor with which a
client is represented (Funa, Legal and
Judicial Ethics: With Bar Examination
Questions, 2009, p. 263)
Attorney's Lien
It is the security created by law to ensure
payment of lawyer’s professional fees and
reimbursement of his lawful disbursement.
(Cabochan, Ethically Yours, 2018, p.3)
Application of attorney’s lien
2. As an officer of the court, it is the duty of
an attorney to inform his client of
whatever important information he may
have acquired affecting his client’s case.
He should notify his client of any adverse
decision to enable his client to decide
whether to seek an appellate review
thereof. (Layos v. Villanueva; A.C. No.
8085; December 1, 2014)
The delivery of funds to the client is subject to
the lawyer’s lien, as follows:
1. The lawyer must render an accounting to
the client on how the funds were used.
2. The lawyer then deducts the applicable
attorney’s fees.
3. The lawyer then turns over the remaining
balance to the client. (Tanhueco vs. De
Dumo, A.M. No. 1437, April 25, 1989)
CANON 18
A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
Lawyers cannot acquire or purchase, even at a
public or judicial auction, either in person or
through the mediation of another, the property
and rights which may be the object of any
litigation in which they take part by virtue of
their profession. (Article 1491(5), Civil Code)
Rules 18.01 - A lawyer shall not undertake a
legal service which he knows or should know
that he is not qualified to render. However,
he may render such service if, with the
consent of his client, he can obtain as
collaborating counsel a lawyer who is
competent on the matter.
Requisites:
1. There is an attorney-client relationship;
2. The property or interest of the client is in
litigation;
Implied guarantee
By accepting a retainer, a lawyer implies that he:
1. Possesses the requisite degree of
learning, skill and ability which is
necessary to the practice of his
profession and which other similarly
situated possess;
2. Will exert his best judgment in the
prosecution or defense of the litigation
entrusted to him;
3. Will exercise reasonable and ordinary
care and diligence in the use of his skill
and in the application of his knowledge to
his client's cause;
4. Will take such steps as will adequately
safeguard his client's interest. (Agpalo,
Legal and Judicial Ethics, 2009)
3. The attorney takes part as counsel in the
case;
4. The attorney purchases or acquires the
property or right, by himself or through
another, during the pendency of litigation
(Laig v. CA, G.R. No. L-26882 (1978)).
Rule 16.04 - A lawyer shall not borrow money
from his client unless the client's interest are
fully protected by the nature of the case or
by independent advice. Neither shall a
lawyer lend money to a client except, when
in the interest of justice, he has to advance
necessary expenses in a legal matter he is
handling for the client.
Competence and diligence
Required standard of care of a lawyer: Good
Father of a Family is the standard of care
required. (Edquiabla vs. Ferrer, Jr., A.C. No.
5687, February 3, 2005)
CANON 17
A LAWYER OWES FIDELITY TO THE CAUSE OF
HIS CLIENT AND HE SHALL BE MINDFUL OF
THE TRUST AND CONFIDENCE REPOSED IN
HIM.
22
Adequate Protection
3. Respond within a reasonable time to the
client’s request for information. (Rule
18.04,
Code
of
Professional
Responsibility)
General Rule: A lawyer should not accept a case
which he knows or should know he is not qualified
to render.
Even if the lawyer was honestly and sincerely
protecting the interests of his client, he still does
not have the right to waive the appeal without
the knowledge and consent of his client [Abay v.
Montesino, A.C. No. 5718 (2003)].
Exception: If his client consents, the lawyer can
take as collaborating counsel another lawyer
competent on the matter. (Pineda, Legal and
Judicial Ethics, 2009 ed, p. 290).
An incapable lawyer should either:
1. Decline to act.
2. Obtain his client’s instructions to retain,
consult, or collaborate with a lawyer who
is competent in that field
3. Collaborate with experts in scientific,
accounting, or other non-legal fields.
CANON 19
A LAWYER SHALL REPRESENT HIS CLIENT
WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Rule 19.01 - A lawyer shall employ only fair
and honest means to attain the lawful
objectives of his client and shall not present,
participate in presenting or threaten to
present unfounded criminal charges to obtain
an improper advantage in any case or
proceeding.
Rule 18.02 - A lawyer shall not handle any
legal matter without adequate preparation.
Concept of adequate preparation
1. Sufficient knowledge of the law and
jurisprudence
2. Ability in trial technique
3. High proficiency in the formulation of
pleadings.
Rule 19.02 - A lawyer who has received
information that his client has, in the course
of the representation, perpetrated a fraud
upon a person or tribunal, shall promptly call
upon the client to rectify the same, and
failing which he shall terminate the
relationship with such client in accordance
with the Rules of Court.
Rule 18.03 - A lawyer shall not neglect a legal
matter entrusted to him, and his negligence
in connection therewith shall render him
liable.
A lawyer shall:
1. Employ only fair and honest means to
attain the lawful objectives of his client
(Rule 19.01, Code of Professional
Responsibility);
2. In the event where the client, in the
course of representation, perpetrated a
fraud upon a person or tribunal, the
lawyer shall call upon the client to rectify
the same, failure to do so shall result in
the termination of the relationship (Rule
19.02,
Code
of
Professional
Responsibility)
Rule 18.04 - A lawyer shall keep the client
informed of the status of his case and shall
respond within a reasonable time to the
client's request for information.
Requisites of gross negligence
1. The counsel has been grossly negligent to
justify new trial
2. The client has good and meritorious
defense
3. The client is not himself guilty of gross
negligence.
Duty to employ only fair and honest means:
1. A lawyer should employ such means only
as are consistent with truth and honor.
2. In espousing his client’s cause, a lawyer
should not state his personal belief as to
the soundness of justice of his case.
Duty to apprise client
A lawyer shall:
1. Not neglect a legal matter entrusted to
him (Rule 18.03, Code of Professional
Responsibility)
2. Keep the client informed of the status of
his case;
23
Authority of a lawyer
Quantum Meruit
“As much as he deserves” to avoid unjust
enrichment (International Hotel Corporation vs.
Suarez G.R. No. 158361) The recovery of
attorney’s fees on the basis of quantum meruit is
a device that prevents an unscrupulous client
from running away with the fruits of the legal
services of counsel without paying for it and also
avoids unjust enrichment on the part of the
attorney himself. (Aquino v. Casabar, G.R. No.
191470, [January 26, 2015], 752 PHIL 1-14)
Kinds of appearance
1. General Appearance - one that is done by
a lawyer for any act except to question
the jurisdiction of the court.
2. Special appearance - one solely intended
to question the jurisdiction of the court.
3. Unauthorized Appearance
Requisites
for
implied
ratification
of
unauthorized appearance by silence:
Party represented by lawyer must be of age,
competent or if suffering from any disability, has
a guardian or legal representative;
1. Party or guardian is aware of attorney’s
representation;
2. He fails to promptly repudiate assumed
authority.
Determination of fees (Rule 20.01, Code of
Professional Responsibility)
1. The time spent and the extent of
the service rendered or required;
2. The novelty and difficulty of the
questions involved;
3. The importance of the subject
matter;
4. The skill demanded;
5. The probability of losing other
employment as a result of
acceptance of the proffered case;
6. The customary charges for similar
services and the schedule of fees
of the IBP chapter to which he
belongs;
7. The amount involved in the
controversy and the benefits
resulting to the client from the
service;
8. The contingency or certainty of
compensation;
9. The character of the employment,
whether occasional or established;
and
10. The professional standing of the
lawyer.
Rule 19.03 - A lawyer shall not allow his
client to dictate the procedure in handling
the case.
CANON 20
A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES
Rule 20.01 - A lawyer shall be guided by the
following factors in determining his fees:
a. the time spent and the extent of the
service rendered or required;
b. the novelty and difficulty of the
questions involved;
c. The importance of the subject
matter;
d. The skill demanded;
e. The probability of losing other
employment as a result of acceptance
of the proffered case;
f. The customary charges for similar
services and the schedule of fees of
the IBP chapter to which he belongs;
g. The
amount
involved
in
the
controversy
and
the
benefits
resulting to the client from the
service;
h. The contingency or certainty of
compensation;
i. The character of the employment,
whether occasional or established;
and
j. The professional standing of the
lawyer
Recovery of attorney’s fees on the basis of
quantum meruit is authorized when:
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 or unreasonable
by the court;
3. When the contract for attorney’s fees is
void due to purely formal matters or
defects of execution;
4. When the counsel, for justifiable cause,
was not able to finish the case to its
conclusion;
5. When the lawyer and client disregard the
contract for attorney’s fees (Legal Ethics,
Pineda 2009, p. 326)
24
In fixing a reasonable compensation for the
services rendered by a lawyer on the basis of
quantum meruit, the elements are:
1. The importance of the subject matter in
controversy;
2. The extent of services rendered; and
3. The professional standing of the lawyer.
(Metropolitan Bank and Trust Company
vs. Court of Appeals, 181 SCRA
367)(Section 24 Rule 138, Rules of Court)
Rule 20.02 - A lawyer shall, in case of
referral, with the consent of the client, be
entitled to a division of fees in proportion to
the work performed and responsibility
assumed.
Rule 20.03 - A lawyer shall not, without the
full knowledge and consent of the client,
accept any fee, reward, costs, commission,
interest, rebate or forwarding allowance or
other compensation whatsoever related to
his professional employment from anyone
other than the client.
Champertous Contract
Where a Lawyer undertakes to bear all expenses
for the recovery of the things claimed by the
client, when the client agrees to pay a portion of
the things recovered or portion of the proceeds of
the judgment as compensation. The execution of
these contracts violates the fiduciary relationship
between the lawyer and his client, for which the
former must incur administrative sanctions.
(Bautista
v.
Gonzales,
A.M.
No.
1625
(Resolution), [February 12, 1990], 261 PHIL
266-283)
Rule 20.04
controversies
compensation
action only to
or fraud.
- A lawyer shall avoid
with clients concerning his
and shall resort to judicial
prevent imposition, injustice
CANON 21
A LAWYER SHALL PRESERVE THE CONFIDENCE
OF HIS CLIENT EVEN AFTER THE
ATTORNEY-CLIENT RELATIONSHIP IS
TERMINATED
Contingent Contract
Where a Lawyer agrees to be paid depending on
the success of his efforts, not necessarily for the
same money or payment subject of the case. A
contract for contingent fees is an agreement in
writing by which the fees, usually a fixed
percentage of what may be recovered in the
action, are made to depend upon the success in
the effort to enforce or defend a supposed right.
(Aquino v. Casabar, G.R. No. 191470, [January 26,
2015], 752 PHIL 1-14)
Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except;
a. When authorized by the client after
acquainting him of the consequences
of the disclosure;
b. When required by law;
c. When necessary to collect his fees or
to defend himself, his employees or
associates or by judicial action.
Retaining Lien
The right of the attorney to retain the funds,
documents, and papers of his client which have
lawfully come into his possession until his lawful
fees and disbursements have been paid and to
apply such funds to the satisfaction thereof.
(Vda. de Caina v. Victoriano, G.R. No. L-12905,
[February 26, 1959], 105 PHIL 194-197)
Requisites for Confidentiality
1. There
exists
an
Attorney-Client
relationship, or a prospective attorneyclient relationship, and it is by reason of
this relationship that the client made the
communication;
2. The client made the communication in
Confidence, in the course of, or with a
view to professional employment;
3. The legal advice must be sought from the
attorney in his Professional capacity.
Charging Lien
An equitable right to have the fees and lawful
disbursement 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. (7 C.J.S.
1142) The right which the attorney has upon all
judgments for the payment of money, and
executions issued in pursuance of said judgments,
which he has secured in a litigation of his client
(Section 33, Rule 127; Rustia vs. Abeto, 72 Phil.
133.)
When a lawyer can reveal client confidences
General Rule: A lawyer shall not reveal the
confidence or secrets of his clients
25
Exceptions:
a. When authorized by the client after
acquainting him of the consequences of
the disclosure;
b. When required by law;
c. When necessary to collect his fees or to
defend himself, his employees or
associates or by judicial action. (Rule
21.01, Canon 21, Code of Professional
Responsibility)
Rule 21.05 - A lawyer shall adopt such
measures as may be required to prevent
those whose services are utilized by him,
from disclosing or using confidences or
secrets of the clients.
Rule 21.06 - A lawyer shall avoid indiscreet
conversation about a client's affairs even
with members of his family.
Rule 21.07 - A lawyer shall not reveal that he
has been consulted about a particular case
except to avoid possible conflict of interest.
Attorney-client Privilege
General Rule: The protection of the attorneyclient privilege is perpetual.
CANON 22
A LAWYER SHALL WITHDRAW HIS SERVICES
ONLY FOR GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE CIRCUMSTANCES.
Exceptions:
a. When removed by the client himself
(Agpalo, Legal and Judicial Ethics, 2009,
p. 266);
b. When removed after the death of the
client by his heir or legal representative
(Id.);
c. When a supervening act done pursuant to
the purpose of the communication causes
such communication to lose its privileged
character such as:
i.
Communication sent by client
through his attorney once it has
reached a third party recipient
(Uy Chico v. Union Life Assurance
Society, G.R. No. L-9231, January
6, 1915);
ii.
The contents of a pleading before
it is filed. (Agpalo, Legal and
Judicial Ethics, 2009, p. 266)
Rule 22.01 - A lawyer may withdraw his
services in any of the following case:
a. When the client pursues an illegal or
immoral course of conduct in
connection with the matter he is
handling;
b. When the client insists that the
lawyer pursue conduct violative of
these canons and rules;
c. When his inability to work with
co-counsel will not promote the best
interest of the client;
d. When the mental or physical
condition of the lawyer renders it
difficult for him to carry out the
employment effectively;
e. When the client deliberately fails to
pay the fees for the services or fails
to
comply
with
the
retainer
agreement;
f. When the lawyer is elected or
appointed to public office; and
g. Other similar cases.
Rule 21.02 - A lawyer shall not, to the
disadvantage of his client, use information
acquired in the course of employment, nor
shall he use the same to his own advantage
or that of a third person, unless the client
with full knowledge of the circumstances
consents thereto.
Rule 21.03 - A lawyer shall not, without the
written
consent of his client, give
information from his files to an outside
agency seeking such information for auditing,
statistical, bookkeeping, accounting, data
processing, or any similar purpose.
Requirements for valid substitution of counsel
1. Filing of a written application for
substitution;
2. Written consent of the client; and,
3. Written consent of the attorney to be
substituted.
4. In case such written consent cannot be
secured, there must be filed with the
application proof of service of the notice
of application upon the attorney to be
substituted.
Rule 21.04 - A lawyer may disclose the affairs
of a client of the firm to partners or
associates thereof unless prohibited by the
client.
26
Requirements for valid substitution of counsel
1. Filing of a written application for
substitution;
2. Written consent of the client; and,
3. Written consent of the attorney to be
substituted.
4. In case such written consent cannot be
secured, there must be filed with the
application proof of service of the notice
of application upon the attorney to be
substituted.
General Rule: The client has the right to
discharge his attorney at any time with or
without just cause or even against his consent.
Exceptions:
a. The client cannot deprive his counsel of
right to be paid services if the dismissal is
without cause;
b. The client cannot discharge his counsel as
an excuse to secure repeated extensions
of time.
c. Notice of discharge is required for both
the court and the adverse party (Agpalo,
Legal and Judicial Ethics, 2009)
Rule 22.02 - A lawyer who withdraws or is
discharged shall, subject to a retainer lien,
immediately turn over all papers and
property to which the client is entitled, and
shall cooperative with his successor in the
orderly transfer of the matter, including all
information necessary for the proper
handling of the matter.
Termination of attorney-client relationship:
1. Withdrawal of the lawyer (Francisco vs.
Atty. Portugal, A.C. No. 6155, March 14,
2006);
2. When the client discharges the lawyer;
3. Disbarment or suspension of the lawyer
from the practice of law;
4. Conviction of a crime and imprisonment
of the lawyer;
5. Dismissal of the lawyer by the client;
6. Appointment or election of a lawyer to a
government position which prohibits
private practice of law (Sec. 7, RA 6713);
7. Intervening incapacity or incompetency
of the client during the pendency of the
case;
8. Declaration of presumptive death of the
lawyer;
9. Death of lawyer;
10. Death of client [Heirs of Maximo Regoso
v. CA, G.R. No. 91879 (1992)]
11. Full termination of the case.
SUSPENSION, DISBARMENT, AND DISCIPLINE OF
LAWYERS
1. Nature and Characteristics of Disciplinary
Actions against Lawyers
Sui generis
It is a class of its own. It is neither criminal nor
civil, but an investigation of the Court on its
officers. (In Re: Almacen, G.R. No. L-27654,
February 18, 1970)
Prescription of actions
Administrative proceedings against lawyers do not
prescribe. (Frias vs Bautista-Lozada, A.C. No.
6656, May 4, 2006)
Confidential
Disciplinary proceedings against attorneys shall
be private and confidential. However, the final
order of the Supreme Court shall be published
(Rule 139-B, Sec. 18, ROC).
Procedure for withdrawal of services
1. File a petition for withdrawal in court;
2. Serve a copy of his petition upon his
client and the adverse party at least 3
days before the date set for hearing;
3. Present his petition well in advance of
the trial of the action to enable the client
to secure the services of another lawyer;
and,
4. If the application is filed under
circumstances that do not afford a
substitute counsel sufficient time to
prepare for trial or that work prejudice
to the client’s cause, the court may deny
his application and require him to
conduct the Trial.
Inapplicability of Double Jeopardy
Double jeopardy cannot be availed of in a
disbarment proceeding against an attorney, since
disbarment does not partake of a criminal
proceeding (In re: Vailoces, A.M. No. 439, April
12, 1961).
May be Initiated Motu Proprio
Proceedings for disbarment, suspension or
discipline of attorneys may be taken by the
Supreme Court motu proprio, or by the Integrated
Bar of the Philippines upon the verified complaint
of any person (Rule 139-B, Sec. 1, ROC).
27
2. Grounds
Grounds:
1. deceit;
2. malpractice;
3. gross misconduct in office;
4. grossly immoral conduct;
5. conviction of a crime involving moral
turpitude;
6. violation of the lawyers oath;
7. willful disobedience of any lawful order
of a superior court;
8. corruptly or willfully appearing as a
lawyer for a party to a case without
authority so to do. (Sec. 27, Rule 138,
Rules of Court)
Disciplinary measures by the Supreme Court
1. Warning - An act to put the lawyer on his
guard
in
committing
another
wrongdoing.
2. Admonition - A gentle rebuke.
3. Reprimand - A public and severe reproof.
4. Censure - an official reprimand.
5. Definite
Suspension
plainly
a
suspension to practice law.
6. Indefinite suspension - a qualified
suspension that determines the duration
of his suspension.
7. Interim
Suspension
temporary
suspension pending imposition of a
disciplinary measure, including:
a. Suspension upon conviction of a
serious crime
b. Pre-emptive suspension
8. Probation - the lawyer is allowed to
practice law under specified conditions.
9. Disbarment - withdrawal of the right to
practice law; The name of the lawyer is
stricken out from the Roll of Attorneys.
The enumeration is not exclusive. (Rayong v.
Oblena, A.C. No. 376, April 30, 1963)
A lawyer may be removed from office or
suspended from the practice of law on the
grounds other than those specifically provided in
the law. (Rayong v. Oblena, A.C. No. 376, April
30, 1963)
Other
1.
2.
3.
4.
5.
sanctions and remedies:
Restitution
Assessment of costs
Limitation upon practice
Appointment of a receiver
Requirement that a lawyer take the bar
examination or professional responsibility
examination
6. Requirement that a lawyer attend
continuing education courses
7. Other requirements that the Supreme
Court or disciplinary board deem
consistent with the purposes of sanctions.
DISCIPLINE OF FILIPINO LAWYERS WHO
PRACTICE IN FOREIGN JURISDICTIONS
No automatic suspension
The judgment of suspension against a Filipino
lawyer in a foreign jurisdiction does not
automatically result in his suspension or
disbarment in the Philippines as the acts giving
rise to his suspension are not grounds for
disbarment and suspension in this jurisdiction.
Principle of Comity
Judgment of suspension against a Filipino lawyer
may transmute into a similar judgment of
suspension in the Philippines only if the basis of
the foreign court's action includes any of the
grounds for disbarment or suspension in this
jurisdiction. (Velez v. De Vera, A.C. No. 6697,
July 25, 2006).
Disciplinary measures by the RTC and the CA
1. Suspension.
2. Warning.
3. Admonition.
4. Reprimand.
5. Probation.
➔ A lawyer cannot be disbarred by the CA
or the RTC.
SANCTIONS
Officers authorized to investigate disbarment
proceedings.
1. Supreme Court (Sec. 13, Rule 139-B,
Revised Rules of Court)
2. IBP through its Commission on Bar
Discipline or authorized investigator (Sec.
2, Rule 139-B, Revised Rules of Court)
Factors considered before imposing sanctions:
1. The duty violated;
2. The lawyer’s mental state;
3. The actual and potential injury caused by
the lawyer’s misconduct; and
4. The existence of aggravating and
mitigating
factors.
(Guidelines for
imposing Lawyer’s sanctions, Sec. 3.0)
28
3. Office of the Bar Confidant (Sec. 13, Rule
139-B, Revised Rules of Court as
amended by B.M. No. 1645)
which 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.
7. 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.
3. Proceedings (Rule 139-B of the Rules of
Court, as amended)
Proceedings for disbarment, suspension or
discipline of attorneys may be instituted by:
1. The Supreme Court, motu proprio; or
2. The IBP Board of Governors, motu
proprio, or upon referral by
a) the Supreme Court;
b) Chapter Board of Officers; or
c) upon a verified complaint of any
person. (Sec. 1, Rule 139-B, Rules
of Court)
The IBP, Solicitor-General, or other investigator
designated by the SC are the investigative
agencies that recommend the disbarment of
lawyers to the Supreme Court. (B.M. No. 1755;
Rule 139-B; Re: Rules of Procedure of the
Commission on Bar Discipline.)
Disbarment proceedings before the Supreme
Court (Sec. 13-14; Rule 139-B)
The Supreme Court may refer the case for
investigation to the Solicitor-General or to any
officer of the Supreme Court or judge of a lower
court, a review of the report of the investigation
shall be conducted by the Supreme Court.
IBP Procedure (Rule 139-B, Rules of Court)
1. The Board of Governors shall appoint
from among the IBP members an
investigator
or
when
special
circumstances so warrant, a panel of 3
investigators
to
investigate
the
complaint;
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 a verified
answer containing the original and five
(5) legible copies; after receipt of the
answer or lapse of the period to do so,
the Supreme Court, may, motu proprio or
upon recommendation, the IBP Board of
Governors suspend an attorney from
practice, for any of the causes under Rule
138, Sec. 27, during the pendency of the
investigation.
4. After joining 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 in spite of notice, the investigator
may proceed ex parte. The investigation
shall be terminated within 3 months from
commencement unless extended for good
cause by the Board of Governors upon
prior application.
5. The investigator shall make a report to
the Board of Governors within 30 days
from termination of the investigation
Confidentiality
Proceedings are confidential until the final order
of the Supreme Court is published. (Sec. 18, Rule
139-B)
Three-fold purpose
1. To enable the court to make its
investigation free from external influence;
2. To protect the personal and professional
reputation of attorneys.
3. To deter the press from publishing the
charges, even if verbatim.
Effect of lawyer’s death
1. Renders the action moot and academic;
2. But the court may still resolve the case
on its merits to clear publicly the name of
the lawyer.
NOTARIAL PRACTICE (A.M. No. 02-8-13-SC, as
amended)
Notary Public
one appointed by the Court, whose duty is to
attest to the genuineness of any deed or writing
in order to render them available as evidence of
facts stated therein and who is authorized by
statutes to administer various oaths.
1. Qualifications of a Notary Public
The following are the qualifications of a notary
public:
29
●
●
●
●
●
Must be a Citizen of the Philippines;
Must be over twenty-one (21) years of
age;
Must be a resident in the Philippines for
at least one (1) year and maintains a
regular palace of work or business in the
city or province where the commission is
to be issued;
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
Must not have been convicted in the first
instance of any crime involving moral
turpitude. (Sec. 11 Rule II, A.M. No.
02-8-13-SC)
(name of signatory by mark) in the presence of
(names and addresses of witnesses) and
undersigned notary public"; and
d. The notary public notarizes the signature by
thumb
or
other
mark
through
an
acknowledgment, jurat, or signature
witnessing. (AM. No. 02-8-13-SG, Rule IV,
Sec.1(b))
3. Sign on behalf of a person who is physically
unable to sign or make a mark on an instrument
or document (AM. No. 02-8-13-SG, Rule IV,
Sec.1(c)).
Conditions: (DAW-BJ)
a. The notary public is Directed by the person
unable to sign or make a mark to sign on his
behalf;
b. The signature of the notary public is Affixed in
the presence of two disinterested and unaffected
witnesses to the instrument or document;
c. Both Witnesses sign their own names;
d. The notary public writes Below his
signature: "Signature affixed by notary in
presence of (names and addresses· of
person and two (2) witnesses)"; and
e. The notary public notarizes his signature by
acknowledgment or Jurat (AM. No. 02-8- 13-SG,
Rule IV, Sec.1 par. (c)).
2. Term of Office of a Notary Public
General Rule: A period of two (2) yeats
commencing the first day of January of the year
in which the commissioning is made
Exceptions:
● Unless earlier revoked
● Notary Public resigns under the Rules and
the Rules of Court (Sec. 11 Rule III, A.M.
No. 02-8-13-SC)
3. Powers and Limitations
Limitations: (O-Si)
1. Not to perform a notarial act Outside his
regular place of work or business. Otherwise, he
is bereft of power to perform any notarial act
(Guerrero v. Bihis, G.R. No. 174144, April 17,
2007).
Powers of Notary Public: (NoCeS)
1. Perform the following Notarial acts: (JACOSA)
a. Jurats;
b. Acknowledgments
c. Copy certifications
d. Oaths and affirmations;
e. Signature witnessing; and •
f. Any Other acts authorized by the 2004
Rules on Notarial Practice (A.M. No. 02-813-SC, Rule IV, Sec. 1(a)).
2. Certify the affixing of a signature by thumb or
other mark on an instrument or document
presented for notarization
(A. M. No. 02-8-13- SC, Rule IV, Sec.1(b)).
EXCEPTIONS:
At the request of the parties in the following sites
within his territorial
jurisdiction: (OAHA)
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;
Conditions:
a. 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;
c.
Hospitals
and
other
medical
institutions where a party to an instrument or
document is confined for treatment; and
b. Both witnesses sign their own names in
addition to the thumb or other mark;
d. Any place where a party to an
instrument or document requiring notarization is
under detention (AM. No. 02-8-13-SC, Rule IV,
Sec.2(a)).
c. The notary public writes below the thumb or
other"mark: "Thumb or Other Mark affixed by
30
record of notarial acts performed by a notary
public (Sec. 5 Rule II, A.M. No. 02-8-13-SC)
2. Not to perform a notarial act if the person
involved as Signatory to the instrument or
document is -
Entries in the Notarial Register
a. for every notarial act the following shall
be recorded in the notarial register:
1. Entry number and page number;
2. Date and time of day of the
notarial act;
3. Type of notarial act;
4. Title or Description of the
instrument,
document
or
proceeding;
5. Name and address of each
principal;
6. Competent evidence of identity
as defined by the Rules on
Notarial Practice if the signatory
is not personally known to the
notary;
7. Name and address of each
credible witness searing to or
affirming the person’s identity;
8. Fee charged for the notarial act;
9. Address where the notarization
was performed if not in the
notary’s regular place of work or
business; and
10. Any other circumstance the
notary public may deem of
significance or relevance. (Sec.
2a Rule VI, A.M. No. 02-8-13-SC)
a. Not in the notary's presence personally
at the time of the notarization; and
b. Not personally known to the notary
public or otherwise identified by the notary
public through competent evidence of identity
(A.M. No. 02-8-13-SG, Rule IV, Sec.2(b)).
An act which contravenes the foregoing
guidelines is in violation of Rule 1.01 ,- Canon 1
of the Code of Professional Responsibility and the
Notarial Law (Mahi/um v. Lezama, A.G. No.
10450, July 30, 2014).
Section 1, Public Act No. 2103, otherwise known
as the Notarial Law, states: "The acknowledgment
shall be before a notary public or an officer duly
authorized by law of the country to take
acknowledgments of instruments or documents in
the place where the act is done. The notary
public or
the officer taking the acknowledgment shall
certify that the person acknowledging the
instrument or document is known to him and that
he is the same person who executed it and
acknowledged that the same is his free act and
deed. The certificate shall be made under the
official seal, if he is required by law to keep a
seal, and if not, his certificate shall so
state."
If a notarial act is not completed, the notary
public shall record the reasons and circumstances
for non-completion (Sec. 2b Rule VI, A.M. No.
02-8-13-SC)
The requirement of affiant's personal appearance
was further emphasized in Section 2 (b) of Rule IV
of the Rules on Notarial Practice of 2004 (Dizon v.
Cabucana, Jr., A.G. 10185, March 12, 2014).
An entry in the notarial register may be inspected
so long as the following are recorded:
● Circumstances of the request to inspect
or copy an entry in the register
● Details of the requester:
○ Name
○ Address
○ Signature
○ Evidence of Identity
Reasons for refusal to allow inspection or copying
of an entry shall also be recorded. (Sec. 2c Rule
VI, A.M. No. 02-8-13-SC)
A notary public should not notarize a document
unless the persons who signed the same are the
very same persons who executed and personally
appeared before him to attest to the contents
and truth of what are stated therein. The
purposes of the requirement of personal
appearance by the acknowledging party before
the notary public is to enable the latter to verify
the genuineness of the signature of the former,
and so that the notary public can ascertain that
the instrument is the free act or
deed of the acknowledging party (Orola v. Atty.
Baribar, A.G. No. 6927, March 14, 2018).
Contract
The notary public shall:
1. Keep an original copy as part of his
records
2. Keep a duplicate copy for the Clerk of
Court
4. Notarial Register
refers to a permanently bound book with
numbered pages containing a chronological
31
3. Enter in the records a brief description of
the substance of the document
4. Shall give a consecutive number,
beginning with number one (1) in each
calendar year
(Sec. 2d Rule VI, A.M. No. 02-8-13-SC)
○
○
Protest of any draft, bill of exchange or
promissory note
the notary public shall:
● Make a full and true record of all
proceedings in relation to the document
● Note whether the demand for the sum of
money was made, ny whom, when, and
where
● Whether he presented such draft, bill or
note
● Whether notices were given, to whom
and in what manner
● Where the document was made
● When and to whom and where directed
● Every other fact touching the same (Sec.
2f Rule VI, A.M. No. 02-8-13-SC)
Affix signature or thumb mark in
the notarial register in a
separate, dated entry
Specify the month, year, type of
instrument of document, and the
name of the principal in the
notarial act sought (Sec. 4a Rule
VI, A.M. No. 02-8-13-SC)
Note: Examination by law enforcement may be
done in the course of an official investigation or
by virtue of a court order. (Sec. 4b Rule VI, A.M.
No. 02-8-13-SC)
The notary public may deny access to the notarial
register if he has reasonable ground to believe
that the person has a criminal intent or wrongful
motive in requesting the information. (Sec. 4c
Rule VI, A.M. No. 02-8-13-SC)
Stolen Notarial Register
The Notary Public shall:
● Inform the appropriate law enforcement
agency
● Notify the Executive Judge within ten
(10) days from filing the report by
providing:
○ Proper
receipt
or
acknowledgement
○ Copy or number of the police
report (Sec. 5a Rule VI, A.M. No.
02-8-13-SC)
NOTE: Upon revocation or expiration of a notarial
commission, or death of the notary public, the
notarial register and notarial records shall
immediately be delivered to the office of the
Executive Judge.
At the end of each week, the notary public shall
certify in his notarial register the following:
● Number of instruments or documents
executed, sworn to, acknowledged, or
protested before him
● If none, the certificate shall also show
this fact (Sec. 2g Rule VI, A.M. No.
02-8-13-SC)
Within the first ten (10) days of the following
month, a certified copy of each month’s entries
and a duplicate original copy of all instruments
acknowledged before the notary public, shall be
submitted to the Clerk of Court (Sec. 2h Rule VI,
A.M. No. 02-8-13-SC)
5. Jurisdiction of Notary Public and Place of
Notarization
Signatures and thumb marks required:
● Each principal
● Each credible witness affirming the
identity of a principal
● Each witness to a signing of the notary
public on behalf of a person physically
unable to sign (Sec. 3 Rule VI, A.M. No.
02-8-13-SC)
In any place within the territorial jurisdiction of
the commissioning court (A.M. No. 02-8-13-SC,
Rule III; Sec. 11).
The jurisdiction of a notary public in a province
shall be co-extensive with the province. The
jurisdiction of a notary public in the City of
Manila shall be co- extensive with said city. No
notary shall possess authority to do any notarial
act beyond the limits of his jurisdiction (REVISED
ADMINISTRATIVE CODE, Art. Il, Sec. 274).
Inspection can be done by any person:
● In the presence of the Notary Public; and
● During regular business hours
● The person shall:
○ Be personally known to the
notary public or proven through
competent evidence of identity
as defined in the Rules
The territorial limitation of a notary public's
jurisdiction is crystal clear from Section 11, Rule
Il of the 2004 Rules on Notarial Practice: A person
commissioned as notary public may perform
32
notarial acts in any place within the territorial
jurisdiction of the commissioning court for a
period of two (2) years commencing the first day
of January of the year in which the commission is
made, unless either revoked or the notary public
has resigned under these Rules and the Rules of
Court. Said principle is equally echoed in the
Notarial Law found in Chapter 12, Book V, Volume
I of the Revised Administrative Code of 1917, as
amended (Almazan, Sr. v. Felipe, A. C. 7184,
September 17, 2014)
identification (Sec. 12 Rule II, A.M. No.
02-8-13-SC, as amended)
NOTE: A community tax certificate is no longer
considered a competent evidence of identity.
Recognizing the established unreliability of a
community tax certificate in proving the identity
of a person who wishes to have his document
notarized, the Court did not include it in the list
of competent evidence of identity that notaries
public should use in ascertaining the identity of
persons appearing before them to have their
documents notarized. (Baylon v.Almo, A. C. No.
6962, June 25, 2008).
6. Competent Evidence of Identity
refers to the identification of an individual based
on:
a. At least one (1) current identification
document issued by an official agency
bearing the photograph and signature of
the individual, such as but not limited to:
● Passport
● Driver’s License
● Professional
Regulations
Commission (P.R.C.) ID
● National Bureau of Investigation
(N.B.I.) Clearance
● Police Clearance
● Postal ID
● Voter’s ID
● Barangay Certification
● Government
Service
and
Insurance System (GSIS) e-card
● Social Security System (SSS) card
● Philhealth card
● Senior Citizen card
● Overseas
Workers
Welfare
Administration (OWWA) ID
● OFW ID
● Seaman’s Book
● Alien Certificate of Registration /
Immigrant
Certificate
of
Registration
● Government office ID
● Certification from the national
Council for the Welfare of
Disabled Persons (NCWDP)
● Department of Social Welfare and
Development
(DSWD)
certification; or
b. The oath or affirmation of one credible
witness not privy to the instrument,
document
or
transaction
who
is
personally known to the notary public and
who personally knows the individual, or
of two credible witnesses neither of
whom is privy to the instrument,
document or transaction who each
personally knows the individual and shows
to the notary public documentary
7. Sanctions
For instance, by performing notarial acts without
the necessary commission from the court, a
notary public would violate not only his oath to
obey the laws particularly the Rules on Notarial
Practice but also Canons 1 and 7 of the Code of
Professional Responsibility which proscribes all
lawyers from engaging in unlawful, dishonest,
immoral or deceitful conduct and directs them to
uphold the integrity and dignity of the legal
profession, at all times (Re: Violation of Notarial
Practice, A.M. No. 09-6-1-SC, January 21, 2015).
A lawyer may be disbarred or suspended from
engaging to certain unlawful acts of a notary
public. Notarization is not an empty, meaningless
and routine act. It is invested with substantive
public interest that only those who are qualified
or authorized may act as notaries public.
Time and again, this Court has stressed that
notarization is not an empty, meaningless and
routine act. It is invested with substantive public
interest that only those who are qualified or
authorized may act as notaries public. It must be
emphasized that the act of notarization by a
notary public converts a private document into a
public
document
making that document
admissible in evidence without further proof of
authenticity. A notarial document is by law
entitled to full faith and credit upon its face, and
for this reason, notaries public must observe with
utmost care the basic requirements in the
performance of their duties. (Re: Violation of
Notarial Practice, A.M. No. 09-6-1-SC, January 21,
2015).
33
JUDICIAL ETHICS
Code of Judicial Conduct for the
Philippine Judiciary [ANNOTATED], supra
at i-vii)
Definitions
Court Staff
includes the personal staff of the judge including
law clerks. (New Code of Judicial Conduct for the
Philippine Judiciary, A.M. No. 03-05-01-SC, April
27, 2004)
2. Code of Judicial Conduct
Drafted by the Committee on the Code of Judicial
Conduct under the chairmanship of Justice Irene
Cortes on August 25, 1989 title “Proposed Code of
Judicial Conduct.” It was promulgated under A.M.
No. 89-9-009-SC. Once the SC resolved to
unanimously accept and approve the said Code,
all judges were required to strictly comply with
the Code of Judicial Conduct.
Judge
means any person exercising judicial power,
however designated.
(New Code of Judicial
Conduct for the Philippine Judiciary, A.M. No.
03-05-01-SC, April 27, 2004)
The Code took effect on October 20, 1989 (CODE
OF JUDICIAL CONDUCT). It was superseded by the
New Code of Judicial Conduct on June 1, 2004.
Still, it has suppletory character on matters that
are not covered by the new code (PINEDA, supra
at 17).
Judge’s Family
includes a judge's spouse, son, daughter,
son-in-law, daughter-in-law, and any other
relative by consanguinity or affinity within the
sixth civil degree, or person who is a companion
or employee of the judge and who lives in the
judge's household.
(New Code of Judicial
Conduct for the Philippine Judiciary, A.M. No.
03-05-01-SC, April 27, 2004)
B. QUALITIES
1. Independence
CANON 1
INDEPENDENCE
A. SOURCES
1. New Code of Judicial Conduct for the
Philippine Judiciary
Judicial independence
It is a prerequisite to the rule of law and a
fundamental guarantee of a fair trial. A judge
shall therefore uphold and exemplify judicial
independence in both its individual and
institutional aspects. (New Code of Judicial
Conduct for the Philippine Judiciary, A.M. No.
03-05-01-SC, April 27, 2004)
The New Code of Judicial Conduct for the
Philippine Judiciary supersedes the Canons of
Judicial Ethics and the Code of Judicial Conduct
applied in the Philippines to the extent that the
provisions or concepts are embodied in this Code,
provided, however, that in case of deficiency or
absence of specific provisions in this New Code,
the Canons of Judicial Ethics and the Code of
Judicial Conduct shall be applicable in a
suppletory character.
SECTION 1 - Judges shall exercise the judicial
function independently on the basis of their
assessment of the facts and in accordance
with a conscientious understanding of the
law, free of any extraneous influence,
inducement,
pressure,
threat
or
interference, direct or indirect, from any
quarter or for any reason.
The Bangalore Draft is founded upon certain
principles:
1. A Universal recognition that a competent,
independent and impartial judiciary is
essential if the courts are to fulfill their
role in upholding constitutionalism and
the rule of law;
2. That public confidence in the judicial
system and in the moral authority and
integrity of the judiciary is of utmost
importance in a modem democratic
society; and,
3. That it is essential that judges,
individually and collectively, respect and
honor judicial office as a public trust and
strive
to
enhance
and
maintain
confidence in the judicial system (New
SECTION 2. In performing judicial duties,
Judges shall be independent from judicial
colleagues in respect of decisions which the
judge is obliged to make independently.
SECTION 3. Judges shall refrain from
influencing in any manner the outcome of
litigation or dispute pending before another
court or administrative agency.
34
SECTION 4. Judges shall not allow family,
social, or other relationships to influence
judicial conduct or judgment. The prestige of
judicial office shall not be used or lent to
advance the private interests of others, nor
convey or permit others to convey the
impression that they are in a special position
to influence the judge.
SECTION 1. Judges shall ensure that not only
is their conduct above reproach, but that it is
perceived to be so in the view of a
reasonable observer.
SECTION 2. The behavior and conduct of
judges must reaffirm the people's faith in the
integrity of the judiciary. Justice must not
merely be done but must also be seen to be
done.
SECTION 5. Judges shall not only be free
from inappropriate connections with, and
influence by, the executive and legislative
branches of government, but must also
appear to be free therefrom to a reasonable
observer.
SECTION 3. Judges should take or initiate
appropriate disciplinary measures against
lawyers or court personnel for unprofessional
conduct of which the judge may have
become aware.
SECTION 6. Judges shall be independent in
relation to society in general and in relation
to the particular parties to a dispute which
he or she has to adjudicate.
3. Impartiality
CANON 3
IMPARTIALITY
SECTION 7. Judges shall encourage and
uphold safeguards for the discharge of
judicial duties in order to maintain and
enhance the institutional and operational
independence of the judiciary.
Impartiality
It is essential to the proper discharge of the
judicial office. It applies not only to the decision
itself but also to the process by which the
decision to made. (New Code of Judicial Conduct
for the Philippine Judiciary, A.M. No.
03-05-01-SC, April 27, 2004)
SECTION 8. Judges shall exhibit and promote
high standards of judicial conduct in order to
reinforce public confidence in the judiciary
which is fundamental to the maintenance of
judicial independence.
The judge is required by the Code of Judicial
Conduct not to take part in any proceeding where
his impartiality may be reasonably questioned.
Among the grounds for mandatory disqualification
of the judge is if any of the lawyers is a relative
by consanguinity or affinity within the fourth
degree. (2010 Bar Exam)
1. Where the respondent in the criminal
case is the judge’s nephew, it was
inappropriate for the respondent judge to
direct that a second test be conducted on
the complainant's driver when the first
test resulted in a "negative." Likewise,
respondent's act of borrowing court
records and accompanying her sister at
the PMC under the guise of extending
assistance to her sister manifested not
only lack of maturity as a judge, but also
a lack of understanding of her vital role
as an impartial dispenser of justice.
(Gandeza, Jr., vs. J. Maria Clarita Tabin,
A.M. No. Mtj-09-1736; July 25, 2011)
2. Integrity
CANON 2
INTEGRITY
Integrity
It is essential not only to the proper discharge of
the judicial office but also to the personal
demeanor of judges. (New Code of Judicial
Conduct for the Philippine Judiciary, A.M. No.
03-05-01-SC, April 27, 2004)
1. Making false representations is a vice
which no judge should imbibe. As the
judge is the visible representation of the
law, and more importantly justice, he
must therefore, be the first to abide by
the law and weave an example for the
others to follow. (Lachica vs. Tormis,
A.M. No. MTJ-05-1609, September 20,
2005)
35
SECTION 1. Judges shall perform their
judicial duties without favor, bias or
prejudice.
f.
The judge is related by consanguinity
or affinity to a party litigant within
the sixth civil degree or to counsel
within the fourth civil degree; or
g. The judge knows that his or her
spouse or child has a financial
interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject
matter in controversy or in a party to
the proceeding, or any other interest
that could be substantially affected
by the outcome of the proceedings;
SECTION 2. Judges shall ensure that his or
her conduct, both in and out of court,
maintains and enhances the confidence of
the public, the legal profession and litigants
in the impartiality of the judge and of the
judiciary.
SECTION 3. Judges shall, so far as is
reasonable, so conduct themselves as to
minimize the occasions on which it will be
necessary for them to be disqualified from
hearing or deciding cases.
SECTION 6. A judge disqualified as stated
above may, instead of withdrawing from the
proceeding, disclose on the records the basis
of disqualification. If, based on such
disclosure,
the
parties
and
lawyers
independently of the judge's participation,
all agree in writing that the reason for the
inhibition is immaterial or unsubstantial, the
judge
may then participate in the
proceeding. The agreement, signed by all
parties and lawyers, shall be incorporated in
the record of the proceedings.
SECTION 4. Judges shall not knowingly, while
a proceeding is before, or could come
before, them make any comment that might
reasonably be expected to affect the
outcome of such proceeding or impair the
manifest fairness of the process. Nor shall
judges make any comment in public or
otherwise that might affect the fair trial of
any person or issue.
4. Propriety
SECTION
5.
Judges
shall
disqualify
themselves from participating in any
proceedings in which they are unable to
decide the matter impartially or in which it
may appear to a reasonable observer that
they are unable to decide the matter
impartially. Such proceedings include, but
are not limited to, instances where:
a. The judge has actual bias or
prejudice concerning a party or
personal knowledge of disputed
evidentiary facts concerning the
proceedings;
b. The judge previously served as a
lawyer or was a material witness in
the matter in controversy;
c. The judge, or a member of his or her
family, has an economic interest in
the outcome of the matter in
controversy;
d. The judge served as executor,
administrator, guardian, trustee or
lawyer in the case or matter in
controversy, or a former associate of
the judge served as counsel during
their association, or the judge or
lawyer was a material witness
therein;
e. The judge's ruling in a lower court is
the subject of review;
CANON 4
PROPRIETY
Propriety
Propriety and the appearance of propriety are
essential to the performance of all the activities
of a judge. (New Code of Judicial Conduct for the
Philippine Judiciary, A.M. No. 03-05-01-SC, April
27, 2004)
In the case of Padilla v. Zantua (A.M. No.
MTJ-93-888 October 24, 1994), the Court held
that “the actuation of respondent Judge of eating
and drinking in public places with a lawyer who
has pending cases in his sala may well arouse
suspicion in the public mind, thus tending to
erode the trust of the litigants in the impartiality
of the judge”. (2010 Bar Exam)
In the case of Galang v. Santos (A.M. No.
MTJ-99-1197. May 26, 1999), “Although such
statements were not given in relation to his
official duties as judge, the code of Judicial
Conduct mandates that a judge should avoid
impropriety and the appearance of impropriety in
all activities. The personal behavior of a judge
not only upon the bench but also in his everyday
life should be above reproach and free from the
36
appearance of impropriety… There is a difference
between
freedom
of
expression
and
compromising the dignity of the Court through
publications
of
emotional
outbursts and
destructive criticisms.” (2018 Bar Exam)
be informed about the financial interests of
members of their family.
SECTION 8. Judges shall not use or lend the
prestige of the judicial office to advance
their private interests, or those of a member
of their family or of anyone else, nor shall
they convey or permit others to convey the
impression that anyone is in a special
position improperly to influence them in the
performance of judicial duties.
As a subject of public scrutiny, judges must
accept personal restrictions that might be viewed
as burdensome by ordinary citizens and should do
so freely and voluntarily. A judge has violated the
rules when he accepted gifts which he suspected
to have been given in relation to the case of his
compadre’s friend, and his acceptance to avoid
embarrassment has no merit. (2014 Bar Exam)
SECTION 9. Confidential information acquired
by judges in their judicial capacity shall not
be used or disclosed for any other purpose
related to their judicial duties.
SECTION 1. Judges shall avoid impropriety
and the appearance of impropriety in all of
their activities.
SECTION 10. Subject to the proper
performance of judicial duties, judges may:
a. Write, lecture, teach and participate
in activities concerning the law, the
legal system, the administration of
justice or related matters;
b. Appear at a public hearing before an
official body concerned with matters
relating to the law, the legal system,
the administration of justice or
related matters;
c. Engage in other activities if such
activities do not detract from the
dignity of the judicial office or
otherwise
interfere
with
the
performance of judicial duties.
SECTION 2. As a subject of constant public
scrutiny, judges must accept personal
restrictions that might be viewed as
burdensome by the ordinary citizen and
should do so freely and willingly. In
particular, judges conduct themselves in a
way that is consistent with the dignity of the
judicial office.
SECTION 3. Judges shall, in their personal
relations with individual members of the
legal profession who practice regularly in
their court, avoid situations which might
reasonably give rise to the suspicion or
appearance of favoritism or partiality.
SECTION 11. Judges shall not practice law
whilst the holder of judicial office.
SECTION 4. Judges shall not participate in the
determination of a case in which any member
of their family represents a litigant or is
associated in any manner with the case.
SECTION 12. Judges may form or join
associations of judges or participate in other
organizations representing the interests of
judges.
SECTION 5. Judges shall not allow the use of
their residence by a member of the legal
profession to receive clients of the latter or
of other members of the legal profession.
SECTION 13. Judges and members of their
families shall neither ask for, nor accept, any
gift, bequest, loan or favor in relation to
anything done or to be done or omitted to be
done by him or her in connection with the
performance of judicial duties.
SECTION 6. Judges, like any other citizen,
are entitled to freedom of expression, belief,
association and assembly, but in exercising
such rights, they shall always conduct
themselves in such a manner as to preserve
the dignity of the judicial office and the
impartiality and independence of the
judiciary.
SECTION 14. Judges shall not knowingly
permit court staff or others subject to their
influence, direction or authority, to ask for,
or accept, any gift, bequest, loan or favor in
relation to anything done or to be done or
omitted to be done in connection with their
duties or functions.
SECTION 7. Judges shall inform themselves
about their personal fiduciary financial
interests and shall make reasonable efforts to
37
SECTION 15. Subject to law and to any legal
requirements of public disclosure, judges
may receive a token gift, award or benefit as
appropriate to the occasion on which it is
made provided that such gift, award or
benefit might not reasonably be perceived as
intended to influence the judge in the
performance of judicial duties or otherwise
give rise to an appearance of partiality.
SECTION 4. Judges shall not knowingly permit
court staff or others subject to his or her
influence,
direction
or
control
to
differentiate between persons concerned, in
a matter before the judge on any irrelevant
ground.
SECTION 5. Judges shall require lawyers in
proceedings before the court to refrain from
manifesting, by words or conduct, bias or
prejudice based on irrelevant grounds,
except such as are legally relevant to an
issue in proceedings and may be the subject
of legitimate advocacy.
5. Equality
CANON 5
EQUALITY
6. Competence and Diligence
Equality
Ensuring equality of treatment to all before the
courts is essential to the due performance of the
judicial office. (New Code of Judicial Conduct for
the Philippine Judiciary, A.M. No. 03-05-01-SC,
April 27, 2004)
CANON 6
COMPETENCE AND DILIGENCE
Competence and diligence
Competence and diligence are prerequisites to
the due performance of judicial office. (New
Code of Judicial Conduct for the Philippine
Judiciary, A.M. No. 03-05-01-SC, April 27, 2004)
A display of petulance and impatience in the
conduct of trial is a norm of behavior
incompatible with the needful attitude and
sobriety of a good judge. A judge who failed to
show compassion, patience, courtesy and civility
to lawyers who appear before her in
contravention of the mandates of the Code of
Judicial Ethics, which sets the high standards of
demeanor all judges must observe. (Cahanap v.
Quiñones, A.M. No. RTJ-16-2470, January 10,
2018)
On judges’ undue delay in resolving cases:
A claim of good faith and absence of malice do
not abate his consequent liability in light of the
allegations of incompetence and ineptitude
against him. Good faith and lack of malicious
intent cannot completely free the respondent
Judge from liability. (Cinco v. Ruiz II, A.M. No.
RTJ-16-2482, August 15, 2018)
SECTION 1. Judges shall be aware of, and
understand,
diversity
in society and
differences arising from various sources,
including but not limited to race, color, sex,
religion, national origin, caste, disability,
age, marital status, sexual orientation, social
and economic status and other like causes.
SECTION 1. The judicial duties of a judge
take precedence over all other activities.
SECTION 2. Judges shall devote their
professional activity to judicial duties, which
include not only the performance of judicial
functions and responsibilities in court and
the making of decisions, but also other tasks
relevant to the judicial office or the court's
operations.
SECTION 2. Judges shall not, in the
performance of judicial duties, by words or
conduct, manifest bias or prejudice towards
any person or group on irrelevant grounds.
SECTION 3. Judges shall take reasonable
steps to maintain and enhance their
knowledge, skills and personal qualities
necessary for the proper performance of
judicial duties, taking advantage for this
purpose of the training and other facilities
which should be made available, under
judicial control, to judges.
SECTION 3. Judges shall carry out judicial
duties with appropriate consideration for all
persons, such as the parties, witnesses,
lawyers, court staff and judicial colleagues,
without differentiation on any irrelevant
ground,
immaterial
to
the
proper
performance of such duties.
38
NOTE: The second paragraph of Section 1,
Rule 137 gives judges the exclusive
prerogative to recuse themselves from
hearing cases for reasons other than
those pertaining to their pecuniary
interest, relation, previous connection, or
previous rulings or decisions.
SECTION 4. Judges shall keep themselves
informed about relevant developments of
international law, including international
conventions
and
other
instruments
establishing human rights norms.
SECTION 5. Judges shall perform all judicial
duties, including the delivery of reserved
decisions, efficiently, fairly and with
reasonable promptness.
However, it does not give the judge the
unfettered discretion to decide whether
he should desist from hearing a case. The
mere imputation of bias, partiality, and
prejudgment is not enough ground,
absent clear and convincing evidence that
can overcome the presumption that the
judge will perform his or her duties
according to law without fear or favor.
The inhibition must be for just and valid
causes, and there is a necessity to prove
the existence or even manifestation of
such partiality. (Re: Venusto D. Hamoy,
Jr., IPI No. 17-249-CA-J (Notice),
[September 5, 2017])
SECTION 6. Judges shall maintain order and
decorum in all proceedings before the court
and be patient, dignified and courteous in
relation to litigants, witnesses, lawyers and
others with whom the judge deals in an
official capacity. Judges shall require similar
conduct of legal representatives, court staff
and others subject to their influence,
direction or control.
SECTION 7. Judges shall not engage in
conduct incompatible with the diligent
discharge of judicial duties.
How Objection is made
If it be claimed that an official is disqualified
from sitting as above provided, the party
objecting to his competency may:
1. in writing, file with the official his
objection, stating the grounds therefor,
and
2. the official shall thereupon proceed with
the trial, or withdraw therefrom, in
accordance with his determination of the
question of his disqualification. (Sec. 2,
Rule 137, Rules of Court)
3. His decision shall be forthwith made in
writing and filed with the other papers in
the case; but
4. No appeal or stay shall be allowed from,
or by reason of, his decision in favor of
his own competency, until after final
judgment in the case. (Sec. 2, Rule 137,
Rules of Court)
C. DISQUALIFICATION OF JUDICIAL OFFICERS
A. Compulsory Disqualification
No judge or judicial officer shall sit in any case in
which
1. He, or his wife or child, is pecuniarily
interested as heir, legatee, creditor or
otherwise, or
2. In which he is related to either party
within the sixth degree of consanguinity
or affinity, or
3. To counsel within the fourth degree,
computed according to the rules of the
civil law, or
4. In which he has been executor,
administrator, guardian, trustee or
counsel, or
5. In which he has been presided in any
inferior court when his ruling or decision
is the subject of review, without the
written consent of all parties in interest,
signed by them and entered upon the
record. (Sec. 1, Rule 137, Rules of Court)
D.
DISCIPLINE
AND
ADMINISTRATIVE
JURISDICTION
OVER
MEMBERS
OF
THE
JUDICIARY
Supreme Court
a) Impeachment
B. Voluntary Disqualification or Inhibition
1. A judge may, in the exercise of his sound
discretion, disqualify himself from sitting
in a case, for just or valid reasons other
than those mentioned above. (2nd par.,
Sec. 1, Rule 137, Rules of Court)
Members of the Supreme Court may be removed
from office on impeachment for, and conviction
of the following crimes:
1. Culpable Violation of the Constitution;
2. Treason;
39
3.
4.
5.
6.
Bribery;
Graft and Corruption;
Other high crimes;
Betrayal
of
public
trust
Constitution, Art. XI, Sec. 2)
b. Bribery, direct and indirect, and
violations of the Anti-Graft and Corrupt
Practices Act (Republic Act. No. 3019);
c. Serious Dishonesty
d. Gross neglect of duty in the performance
or non-performance of official functions;
e. Knowingly rendering an unjust judgment
or order;
f. Commission of a crime involving moral
turpitude;
g. Falsification of official documents,
including making untruthful statements in
the certificates of service;
h. Borrowing money or property from
lawyers and/or litigants in a case pending
before the Court;
i. Gross immorality;
j. Gross ignorance of the law or procedure;
k. Partisan political activities;
l. Grave abuse of discretion, and/or
prejudicial
conduct
that
gravely
bismirches or taints the reputation of the
service;
m. Sexual harassment;
n. Gross insubordination; and
o. Possession and/or use of illegal drugs or
substances. (Sec. 14, Rule 140, A.M. No.
21-08-09-SC)
(1987
All other justices and judges from the CA to the
lowest level "may b e removed from office a s
provided by law, but not by impeachment"
(AGPALO, supra at 664).
Impeachment proceedings against justices of the
SC are sui generis in nature and governed by the
rules created by the impeachment court. The
Congress shall promulgate its rules on
impeachment (CONST., Art. XI, Sec. 3, par. (8)).
Only SC justices are subject to impeachment
(CONST., Art. Xl, Sec. 2).
2. Lower Court Judges and Justice
a) Sanctions Imposed by the Supreme
Court on Erring Members of the Judiciary
Preventive Suspension
● Motu Proprio or upon recommendation of
the Judicial Integrity Board
● Without pay and other monetary benefits
for a period not exceeding ninety (90)
calendar days unless earlier lifted or
extended by the Supreme Court
● Purpose:
○ To conduct an unhampered formal
investigation of the disciplinary
action
○ Prevent a crisis or disharmony in
various courts
○ Shield the public from any further
damages (Sec. 5, Rule 140, A.M.
No. 21-08-09-SC)
Sanctions for Serious Charges
a. Dismissal from service, forfeiture of all or
part of the benefits as the Supreme Court
may determine, and disqualification from
reinstatement or appointment to any
public office, including GOCCs.
b. Suspension from office without salary and
other benefits for more than six (6)
months but not exceeding one (1) year;
or
c. A fine of more than Php 100,000.00 but
not exceeding Php 200,000.00. (Sec. 17
(1), Rule 140, A.M. No. 21-08-09-SC)
When Hearings are Required
● If based on the pleadings of the parties,
there is prima facie case against the
respondent
which
requires
actual
hearings to resolve substantial factual
issues raised (Sec. 6 (2) , Rule 140, A.M.
No. 21-08-09-SC)
Less Serious Charges
a. Simple misconduct constituting violations
of the Code of Judicial Conduct or of the
Code of Conduct for Court Personnel;
b. Simple
neglect
of
duty
in the
performance or non-performance of
official functions;
c. Habitual absenteeism and/or tardiness;
d. Unauthorized practice of law;
e. Violation of Supreme Court rules,
directives and circulars that establish an
internal policy, rule of procedure, or
protocol;
f. Receiving
additional
or
double
compensation
unless
specifically
authorized by law; and
g. Simple dishonesty. (Sec. 15, Rule 140,
A.M. No. 21-08-09-SC)
When Hearings are NOT Required
● Any disciplinary action which can already
be resolved on the basis of the pleadings
of the parties, or public or court records,
and/or other documents or papers on
record. (Sec. 6 (1) , Rule 140, A.M. No.
21-08-09-SC)
Serious Charges
a. Gross Misconduct constituting violations
of the Code of Judicial Conduct or of the
Code of tConduct for Court Personnel;
40
Sanctions for Less Serious Charges
a. Suspension from office without salary and
other benefits for not less than one (1)
month nor more than six (6) months; or
b. A fine of more than Php 35,000.00 but not
exceeding Php 100,000.00. (Sec. 17 (2),
Rule 140, A.M. No. 21-08-09-SC)
Light Charges
a. Vulgar and unbecoming conduct;
b. Gambling in public;
c. Fraternizing with lawyers and litigants
with pending case/cases in his or her
court;
d. Undue delay in the submission of monthly
reports; and
e. Willful failure to pay judgment debts or
taxes to the government. (Sec. 16, Rule
140, A.M. No. 21-08-09-SC)
Sanctions for Light charges
a. A fine of not less than Php 1,000.00 but
not exceeding Php 35,000.00;
b. Censure; or
c. Reprimand. (Sec. 17 (3), Rule 140, A.M.
No. 21-08-09-SC)
Members of the
Supreme Court
Judges and Justices
of the Lower Courts
Members
of
the
Supreme Court may
be removed from
office
on
impeachment
for,
and conviction of,
culpable violation of
the
Constitution,
treason,
bribery,
graft and corruption,
other high crimes, or
betrayal of public
trust. (Sec. 2, Article
XI,
1987
Constitution)
The members of the
Supreme Court and
judges
of
lower
courts
shall
hold
office during a good
behavior until they
reach the age of
seventy (70) years or
become
incapacitated
to
discharge the duties
of their office. The
Supreme Court en
banc shall have the
power to discipline
judges
of
lower
courts, or order their
dismissal by a vote of
majority
of
the
Members
who
actually took part in
the deliberations on
the issues in the case
and voted thereon.
(Sec. 11, Art. VIII,
1987 Constitution)
41