TABLE OF CONTENTS

Code of Professional Responsibility 3 - 19

Canons of Professional Eti!s "# - $3
R%les of Co%rt
R%le 13& $$ - $'
R%le 13' $9 - ("
R%le 13' ) A (3
Ne* Code of +%di!ial Cond%!t
for te Pilippine +%di!iary '9 - 1#"
Code of +%di!ial Cond%!t 1#3 - 111
Canons of +%di!ial Eti!s 11" - 1"3
R%les of Co%rt
R%le 13, 1"$
R%le 1$# 1"& - 13#
R%le 139 ) A ($ - ,$
R%le 139 ) B ,$ ) '"
R%le ,1 '3 - ''
For- "' ) Attorney.s Oat 131
CO/E OF PROFESS0ONAL RESPONS0B0L0T1
2Pro-%l3ated +%ne "14 19''5

C6APTER 07 T6E LA81ER AN/ SOC0ET1
2
1
CANON 1 - A LA81ER S6ALL 9P6OL/ T6E
CONST0T9T0ON4 OBE1 T6E LA8S OF T6E LAN/ AN/
PRO:OTE RESPECT FOR LA8 OF AN/ LE;AL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
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.
Rule 1.03 - A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay any
mans cause.
Rule 1.0! - A lawyer shall encourage his clients to avoid,
end or settle a controversy if it will admit of a fair settlement.
CANON " - A LA81ER S6ALL :A<E 60S LE;AL
SER=0CES A=A0LABLE 0N AN EFF0C0ENT AN/
CON=EN0ENT :ANNER CO:PAT0BLE 80T6 T6E
0N/EPEN/ENCE4 0NTE;R0T1 AN/ EFFECT0=ENESS OF
T6E PROFESS0ON7
Rule 2.01 - A lawyer shall not re"ect, e#cept for valid
reasons, the cause of the defenseless or the oppressed.
Rule 2.02 - $n 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 e#tent necessary to safeguard
the latters rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
Rule 2.0! - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.
CANON 3 - A LA81ER 0N :A<0N; <NO8N 60S LE;AL
SER=0CES S6ALL 9SE ONL1 TR9E4 6ONEST4 FA0R4 /0;N0F0E/
AN/ OB+ECT0=E 0NFOR:AT0ON OR STATE:ENT OF FACTS7
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 %ualifications or legal
services.
Rule 3.02 - $n the choice of a firm name, no false, misleading or
assumed name shall be used. &he 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 - 'here 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.
Rule 3.0! - A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in return for,
publicity to attract legal business.
3
4
CANON $ - A LA81ER S6ALL PART0C0PATE 0N T6E
/E=ELOP:ENT OF T6E LE;AL S1STE: B1 0N0T0AT0N;
OR S9PPORT0N; EFFORTS 0N LA8 REFOR: AN/ 0N
T6E 0:PRO=E:ENT OF T6E A/:0N0STRAT0ON OF
+9ST0CE7
CANON & - A LA81ER S6ALL <EEP ABREAST OF
LE;AL /E=ELOP:ENTS4 PART0C0PATE 0N CONT0N90N;
LE;AL E/9CAT0ON PRO;RA:S4 S9PPORT EFFORTS
TO AC60E=E 60;6 STAN/AR/S 0N LA8 SC6OOLS AS
8ELL AS 0N T6E PRACT0CAL TRA0N0N; OF LA8
ST9/ENTS AN/ ASS0ST 0N /0SSE:0NAT0N; T6E LA8
AN/ +9R0SPR9/ENCE7
CANON ( - T6ESE CANONS S6ALL APPL1 TO
LA81ERS 0N ;O=ERN:ENT SER=0CES 0N T6E
/0SC6AR;E OF T6E0R TAS<S7
Rule (.01 - &he primary duty of a lawyer engaged in public
prosecution is not to convict but to see that "ustice is done.
&he suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is
highly reprehensible and is cause for disciplinary action.
Rule (.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.
Rule (.03 - A lawyer shall not, after leaving government service,
accept engagement or employment in connection with any matter in
which he had intervened while in said service.
C6APTER 007 T6E LA81ER AN/ T6E LE;AL PROFESS0ON
CANON , - A LA81ER S6ALL AT ALL T0:ES 9P6OL/ T6E
0NTE;R0T1 AN/ /0;N0T1 OF T6E LE;AL PROFESS0ON AN/
S9PPORT T6E ACT0=0T0ES OF T6E 0NTE;RATE/ BAR7
Rule ).01 - A lawyer shall be answerable for *nowingly ma*ing a
false statement or suppressing a material fact in connection with his
application for admission to the bar.
Rule ).02 - A lawyer shall not support the application for admission
to the bar of any person *nown by him to be un%ualified in respect
to character, education, or other relevant attribute.
Rule ).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.
+ANON ' - A LA81ER S6ALL CON/9CT 60:SELF 80T6
CO9RTES14 FA0RNESS AN/ CAN/OR TO8AR/S 60S
PROFESS0ONAL COLLEA;9ES4 AN/ S6ALL A=O0/
6ARASS0N; TACT0CS A;A0NST OPPOS0N; CO9NSEL7
5
6
Rule ,.01 - A lawyer shall not, in his professional dealings,
use language which is abusive, offensive or otherwise
improper.
Rule ,.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 see*ing relief
against unfaithful or neglectful counsel.
CANON 9 - A LA81ER S6ALL NOT4 /0RECTL1 OR
0N/0RECTL14 ASS0ST 0N T6E 9NA9T6OR0>E/
PRACT0CE OF LA87
Rule -.01 - A lawyer shall not delegate to any un%ualified
person the performance of any tas* which by law may only
be performed by a member of the bar in good standing.
Rule -.02 - A lawyer shall not divide or stipulate to divide a
fee for legal services with persons not licensed to practice
law, e#cept.
/a0 'here there is a pre-e#isting agreement with a partner or
associate that, upon the latters death, money shall be paid
over a reasonable period of time to his estate or to persons
specified in the agreement1 or
/b0 'here a lawyer underta*es to complete unfinished legal
business of a deceased lawyer1 or
/c0 'here 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.
C6APTER 0007 T6E LA81ER AN/ T6E CO9RTS
CANON 1# - A LA81ER O8ES CAN/OR4 FA0RNESS AN/
;OO/ FA0T6 TO T6E CO9RT7
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the
doing of any in +ourt1 nor shall he mislead, or allow the +ourt to be
misled by any artifice.
Rule 10.02 - A lawyer shall not *nowingly mis%uote or misrepresent
the contents of a paper, the language or the argument of opposing
counsel, or the te#t of a decision or authority, or *nowingly cite as
law a provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not been proved.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall
not misuse them to defeat the ends of "ustice.
CANON 11 - A LA81ER S6ALL OBSER=E AN/ :A0NTA0N T6E
RESPECT /9E TO T6E CO9RTS AN/ TO +9/0C0AL OFF0CERS
AN/ S6O9L/ 0NS0ST ON S0:0LAR CON/9CT B1 OT6ERS7

7 8
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the
+ourts.
Rule 11.0! - A lawyer shall not attribute to a 2udge motive
not supported by the record or have no materiality to the
case.
Rule 11.03 - A lawyer shall submit grievances against a
2udge to the proper authorities only.
CANON 1" - A LA81ER S6ALL E?ERT E=ER1 EFFORT
AN/ CONS0/ER 0T 60S /9T1 TO ASS0ST 0N T6E
SPEE/1 AN/ EFF0C0ENT A/:0N0STRAT0ON OF
+9ST0CE7

Rule 12.01 - A lawyer shall not appear for trial unless he has
ade%uately prepared himself on the law and the facts of his
case, the evidence he will adduce and the order of its
proferrence. 4e should also be ready with the original
documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising
from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining e#tensions of time to
file pleadings, memoranda or briefs, let the period lapse without
submitting the same or offering an e#planation for his failure to do
so.
Rule 12.0! - A lawyer shall not unduly delay a case, impede the
e#ecution of a "udgment or misuse +ourt processes.
Rule 12.03 - A lawyer shall refrain from tal*ing to his witness during
a brea* or recess in the trial, while the witness is still under
e#amination.
Rule 12.0( - A lawyer shall not *nowingly assist a witness to
misrepresent himself or to impersonate another.
Rule 12.0) - A lawyer shall not abuse, browbeat or harass a witness
nor needlessly inconvenience him.
Rule 12.0, - A lawyer shall avoid testifying in behalf of his client,
e#cept.
/a0 on formal matters, such as the mailing, authentication or custody
of an instrument, and the li*e1 or
/b0 on substantial matters, in cases where his testimony is essential
to the ends of "ustice, in which event he must, during his testimony,
entrust the trial of the case to another counsel.
CANON 13 - A LA81ER S6ALL REL1 9PON T6E :ER0TS OF
60S CA9SE AN/ REFRA0N FRO: AN1 0:PROPR0ET1 860C6
9 10
TEN/S TO 0NFL9ENCE4 OR ;0=ES T6E APPEARANCE
OF 0NFL9ENC0N; T6E CO9RT7

Rule 13.01 - A lawyer shall not e#tend e#traordinary
attention or hospitality to, nor see* opportunity for cultivating
familiarity with 2udges.
Rule 13.02 - A lawyer shall not ma*e public statements in
the media regarding a pending case tending to arouse public
opinion for or against a party.
Rule 13.03 - A lawyer shall not broo* or invite interference
by another branch or agency of the government in the
normal course of "udicial proceedings.
C6APTER 0=7 T6E LA81ER AN/ T6E CL0ENT
CANON 1$ - A LA81ER S6ALL NOT REF9SE 60S
SER=0CES TO T6E NEE/17

Rule 1!.01 - A lawyer shall not decline to represent a person
solely on account of the latters race, se#. creed or status of
life, or because of his own opinion regarding the guilt of said
person.
Rule 1!.02 - A lawyer shall not decline, e#cept for serious
and sufficient cause, an appointment as counsel de officio or
as amicus curiae, or a re%uest from the $ntegrated 5ar of the
6hilippines or any of its chapters for rendition of free legal aid.
Rule 1!.03 - A lawyer may not refuse to accept representation of an
indigent client if.
/a0 he is not in a position to carry out the wor* effectively or
competently1
/b0 he labors under a conflict of interest between him and the
prospective client or between a present client and the prospective
client.
Rule 1!.0! - 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.
CANON 1& - A LA81ER S6ALL OBSER=E CAN/OR4 FA0RNESS
AN/ LO1ALT1 0N ALL 60S /EAL0N;S AN/ TRANSACT0ONS
80T6 60S CL0ENTS7

Rule 13.01. - A lawyer, in conferring with a prospective client, shall
ascertain as soon as practicable whether the matter would involve a
conflict with another client or his own interest, and if so, shall
forthwith inform the prospective client.
Rule 13.02. - A lawyer shall be bound by the rule on privilege
communication in respect of matters disclosed to him by a
prospective client.
1
12
11
Rule 13.03. - A lawyer shall not represent conflicting
interests e#cept by written consent of all concerned given
after a full disclosure of the facts.
Rule 13.0!. - A lawyer may, with the written consent of all
concerned, act as mediator, conciliator or arbitrator in
settling disputes.
Rule 13.03. - A lawyer when advising his client shall give a
candid and honest opinion on the merits and probable
results of the clients case, neither overstating nor
understating the prospects of the case.
Rule 13.0(. - A lawyer shall not state or imply that he is able
to influence any public official, tribunal or legislative body.
Rule 13.0). - A lawyer shall impress upon his client
compliance with the laws and the principles of fairness.
Rule 13.0,. - A lawyer who is engaged in another profession
or occupation concurrently with the practice of law shall
ma*e clear to his client whether he is acting as a lawyer or
in another capacity.
CANON 1( - A LA81ER S6ALL 6OL/ 0N TR9ST ALL
:ONE1S AN/ PROPERT0ES OF 60S CL0ENT T6AT :A1
CO:E 0NTO 60S PROFESS0ON7

Rule 1(.01 - A lawyer shall account for all money or property
collected or received for or from the client.
Rule 1(.02 - A lawyer shall *eep the funds of each client separate
and apart from his own and those of others *ept by him.
Rule 1(.03 - A lawyer shall deliver the funds and property of his
client when due or upon demand. 4owever, 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. 4e shall also have a lien to
the same e#tent on all "udgments and e#ecutions he has secured
for his client as provided for in the Rules of +ourt.
Rule 1(.0! - A lawyer shall not borrow money from his client unless
the clients interests are fully protected by the nature of the case or
by independent advice. 7either shall a lawyer lend money to a client
e#cept, when in the interest of "ustice, he has to advance necessary
e#penses in a legal matter he is handling for the client.
CANON 1, - A LA81ER O8ES F0/EL0T1 TO T6E CA9SE OF
60S CL0ENT AN/ 6E S6ALL BE :0N/F9L OF T6E TR9ST AN/
CONF0/ENCE REPOSE/ 0N 60:7
CANON 1' - A LA81ER S6ALL SER=E 60S CL0ENT 80T6
CO:PETENCE AN/ /0L0;ENCE7

Rules 1,.01 - A lawyer shall not underta*e a legal service which he
14 13
*nows or should *now that he is not %ualified to render.
4owever, he may render such service if, with the consent of
his client, he can obtain as collaborating counsel a lawyer
who is competent on the matter.
Rule 1,.02 - A lawyer shall not handle any legal matter
without ade%uate preparation.
Rule 1,.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection therewith
shall render him liable.
Rule 1,.0! - A lawyer shall *eep the client informed of the
status of his case and shall respond within a reasonable
time to the clients re%uest for information.
CANON 19 - A LA81ER S6ALL REPRESENT 60S
CL0ENT 80T6 >EAL 80T60N T6E BO9N/S OF T6E LA87

Rule 1-.01 - A lawyer shall employ only fair and honest
means to attain the lawful ob"ectives 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 1-.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 +ourt.
Rule 1-.03 - A lawyer shall not allow his client to dictate the
procedure in handling the case.
CANON "# - A LA81ER S6ALL C6AR;E ONL1 FA0R AN/
REASONABLE FEES7

Rule 20.01 - A lawyer shall be guided by the following factors in
determining his fees.
/a0 the time spent and the e#tent of the service rendered or
re%uired1
/b0 the novelty and difficulty of the %uestions involved1
/c0 &he importance of the sub"ect matter1
/d0 &he s*ill demanded1
/e0 &he probability of losing other employment as a result of
acceptance of the proffered case1
/f0 &he customary charges for similar services and the schedule of
fees of the $56 chapter to which he belongs1
/g0 &he amount involved in the controversy and the benefits
resulting to the client from the service1
15 16
/h0 &he contingency or certainty of compensation1
/i0 &he character of the employment, whether occasional or
established1 and
/"0 &he professional standing of the lawyer.
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 wor* performed and responsibility
assumed.
Rule 20.03 - A lawyer shall not, without the full *nowledge
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.
Rule 20.0! - A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to "udicial
action only to prevent imposition, in"ustice or fraud.
CANON "1 - A LA81ER S6ALL PRESER=E T6E
CONF0/ENCE AN/ SECRETS OF 60S CL0ENT E=EN
AFTER T6E ATTORNE1-CL0ENT RELAT0ON 0S
TER:0NATE/7
Rule 21.01 - A lawyer shall not reveal the confidences or
secrets of his client e#cept1
/a0 'hen authori8ed by the client after ac%uainting him of the
conse%uences of the disclosure1
/b0 'hen re%uired by law1
/c0 'hen necessary to collect his fees or to defend himself, his
employees or associates or by "udicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his client,
use information ac%uired 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 *nowledge 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 see*ing
such information for auditing, statistical, boo**eeping, accounting,
data processing, or any similar purpose.
Rule 21.0! - A lawyer may disclose the affairs of a client of the firm
to partners or associates thereof unless prohibited by the client.
Rule 21.03 - A lawyer shall adopt such measures as may be
re%uired to prevent those whose services are utili8ed by him, from
disclosing or using confidences or secrets of the clients.
Rule 21.0( - A lawyer shall avoid indiscreet conversation about a
clients affairs even with members of his family.
Rule 21.0) - A lawyer shall not reveal that he has been consulted
about a particular case e#cept to avoid possible conflict of interest.
17 18
CANON "" - A LA81ER S6ALL 80T6/RA8 60S
SER=0CES ONL1 FOR ;OO/ CA9SE AN/ 9PON
NOT0CE APPROPR0ATE 0N T6E C0RC9:STANCES7

Rule 22.01 - A lawyer may withdraw his services in any of
the following case.
/a0 'hen the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling1
/b0 'hen the client insists that the lawyer pursue conduct
violative of these canons and rules1
/c0 'hen his inability to wor* with co-counsel will not
promote the best interest of the client1
/d0 'hen the mental or physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively1
/e0 'hen the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement1
/f0 'hen the lawyer is elected or appointed to public office1
and
/g0 9ther similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged shall,
sub"ect 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.
CANONS OF PROFESS0ONAL ET60C6S

PREA:BLE
0n te Pilippines4 *ere te stability of !o%rts and of all
depart-ents of 3o@ern-ent rests %pon te appro@al of te
people4 it is pe!%liarly essential tat te syste- for
establisin3 and dispensin3 A%sti!e be de@eloped to a i3
point of effi!ien!y and so -aintained tat te p%bli! sall a@e
absol%te !onfiden!e in te inte3rity and i-partiality of its
ad-inistration7 Te f%t%re of te Rep%bli!4 to a 3reat eBtent4
depends %pon o%r -aintenan!e of A%sti!e p%re and %ns%llied7 0t
!annot be so -aintained %nless te !ond%!t and te -oti@es
of te -e-bers of o%r profession are s%! as to -erit te
appro@al of all A%st -en7
No !ode or set of r%les !an be fra-ed4 *i! *ill parti!%lariCe
all te d%ties of te la*yer in te @aryin3 pase of liti3ation or
in all te relations of professional life7 Te follo*in3 !anons of
eti!s are adopted by te Pilippine Bar Asso!iation as a
3eneral 3%ide4 yet te en%-eration of parti!%lar d%ties so%ld
not be !onstr%ed as a denial of te eBisten!e of oters eD%ally
i-perati@e4 to%3 not spe!ifi!ally -entioned7
17 Te d%ty of te la*yer to te !o%rts
19 20
0t is te d%ty of te la*yer to -aintain to*ards te
!o%rts a respe!tf%l attit%de4 not for te saEe of te
te-porary in!%-bent of te A%di!ial offi!e4 b%t for te
-aintenan!e of its s%pre-e i-portan!e7 +%d3es4 not
bein3 *olly free to defend te-sel@es4 are pe!%liarly
entitled to re!ei@e te s%pport of te bar a3ainst %nA%st
!riti!is- and !la-or7 8ene@er tere is proper 3ro%nd
for serio%s !o-plaint of a A%di!ial offi!er4 it is te ri3t
and d%ty of te la*yer to s%b-it is 3rie@an!es to te
proper a%torities7 0n s%! !ases4 b%t not oter*ise4
s%! !ar3es so%ld be en!o%ra3ed and te person
-aEin3 te- so%ld be prote!ted7
"7 Te sele!tion of A%d3es
0t is te d%ty of te bar to endea@or to pre@ent politi!al
!onsiderations fro- o%t*ei3in3 A%di!ial fitness in te
sele!tion of A%d3es7 0t so%ld protest earnestly and
a!ti@ely a3ainst te appoint-ent of tose *o are
%ns%itable for te ben!F and it so%ld stri@e to a@e
ele@ated tereto only tose *illin3 to fore3o oter
e-ploy-ents *eter of a b%siness4 politi!al or oter
!ara!ter4 *i! -ay e-barrass teir free and fair
!onsideration of D%estions before te- for de!ision7
Te aspiration of la*yers for A%di!ial position so%ld be
3o@erned by an i-partial esti-ate of teir ability to add
to te offi!e and not by a desire for te distin!tion te
position -ay brin3 to te-sel@es7
37 Atte-pts to eBert personal infl%en!e of te !o%rt
:arEed attention and %n%s%al ospitality on te part of a
la*yer to a A%d3e4 %n!alled for by te personal relations of te
parties4 s%bAe!t bot te A%d3e and te la*yer to
-is!onstr%!tions of -oti@e and so%ld be a@oided7 A la*yer
so%ld not !o--%ni!ate or ar3%e pri@ately *it te A%d3e as to
te -erits of a pendin3 !a%se and deser@es reb%Ee and
den%n!iation for any de@i!e or atte-pt to 3ain fro- a A%d3e
spe!ial personal !onsideration or fa@or7 A self-respe!tin3
independen!e in te dis!ar3e of professional d%ty4 *ito%t
denial or di-in%tion of te !o%rtesy and respe!t d%e te
A%d3eGs station4 is te only proper fo%ndation for !ordial
personal and offi!ial relations bet*een ben! and bar7
$7 Co%nsel for an indi3ent prisoner
A la*yer assi3ned as !o%nsel for an indi3ent prisoner o%3t
not to asE to be eB!%sed for any tri@ial reason and so%ld
al*ays eBert is best efforts in is bealf7
&7 Te defense or prose!%tion of tose a!!%sed of !ri-e
0t is te ri3t of te la*yer to %ndertaEe te defense of a person
a!!%sed of !ri-e4 re3ardless of is personal opinion as to te
3%ilt of te a!!%sedF oter*ise4 inno!ent persons4 @i!ti-s only
of s%spi!io%s !ir!%-stan!es4 -i3t be denied proper defense7
6a@in3 %ndertaEen s%! defense4 te la*yer is bo%nd4 by all
fair and onorable -eans4 to present e@ery defense tat te
la* of te land per-its4 to te end tat no person -ay be
depri@ed of life or liberty b%t by d%e pro!ess of la*7
21
1
22
Te pri-ary d%ty of a la*yer en3a3ed in p%bli!
prose!%tion is not to !on@i!t b%t to see tat A%sti!e is
done7 Te s%ppression of fa!ts or te se!retin3 of
*itnesses !apable of establisin3 te inno!en!e of te
a!!%sed is i3ly repreensible7
(7 Ad@erse infl%en!e and !onfli!tin3 interests
0t is a d%ty of a la*yer at te ti-e of retainer to dis!lose
to te !lient all te !ir!%-stan!es of is relations to te
parties and any interest in or !onne!tion *it te
!ontro@ersy4 *i! -i3t infl%en!e te !lient in te
sele!tion of !o%nsel7
0t is %nprofessional to represent !onfli!tin3 interests4
eB!ept by eBpress !onsent of all !on!erned 3i@en after
a f%ll dis!los%re of te fa!ts7 8itin te -eanin3 of tis
!anon4 a la*yer represents !onfli!tin3 interests *en4
in bealf of one !lient4 it is is d%ty to !ontend for tat
*i! d%ty to anoter !lient reD%ires i- to oppose7
Te obli3ation to represent te !lient *it %ndi@ided
fidelity and not to di@%l3e is se!rets or !onfiden!e
forbids also s%bseD%ent a!!eptan!e of retainers or
e-ploy-ent fro- oters in -atters ad@ersely affe!tin3
any interest of te !lient *it respe!t to *i!
!onfiden!e as been reposed7
,7 Professional !ollea3%es and !onfli!ts of opinions
A !lientGs proffer of assistan!e of additional !o%nsel so%ld not
be re3arded as e@iden!e of *ant of !onfiden!e4 b%t te -atter
so%ld be left to te deter-ination of te !lient7 A la*yer
so%ld de!line asso!iation as !ollea3%e if it is obAe!tionable to
te ori3inal !o%nsel4 b%t if te la*yer first retained is relie@ed4
anoter -ay !o-e into te !ase7
8en la*yers Aointly asso!iated in a !a%se !annot a3ree as to
any -atter @ital to te interest of te !lient4 te !onfli!t of
opinion so%ld franEly stated to i- for is final deter-ination7
6is de!ision so%ld be a!!epted %nless te nat%re of te
differen!e -aEes it i-pra!ti!able for te la*yer *ose
A%d3-ent as been o@err%led to !ooperate effe!ti@ity7 0n tis
e@ent it is is d%ty to asE te !lient to relie@e i-7
Efforts4 dire!t or indire!t4 in any *ay to en!roa! %pon te
professional e-ploy-ent of anoter la*yer are %n*orty of
tose *o so%ld be bretren at te barF b%t4 ne@erteless4 it is
te ri3t of any la*yer4 *ito%t fear or fa@or4 to 3i@e proper
ad@i!e to tose seeEin3 relief a3ainst %nfaitf%l or ne3le!tf%l
!o%nsel4 3enerally after !o--%ni!ation *it te la*yer a3ainst
*o- te !o-plaint is -ade7
'7 Ad@isin3 %pon te -erits of a !lientGs !a%se
A la*yer so%ld endea@or to obtain f%ll Eno*led3e of is
!lientGs !a%se before ad@isin3 tereon4 and e is bo%nd to 3i@e
a !andid opinion of te -erits and probable res%lt of pendin3
or !onte-plated liti3ation7 Te -is!arria3es to *i! A%sti!e is
s%bAe!t4 by reason of s%rprises and disappoint-ents in
e@iden!e and *itnesses4 tro%3 -istaEes and errors of
24 23
!o%rts4 e@en to%3 only o!!asional4 ad-onis la*yers
to be*are of bold and !onfident ass%ran!es to !lients4
espe!ially *ere te e-ploy-ent -ay depend %pon
s%! ass%ran!e7 8ene@er te !ontro@ersy *ill ad-it of
fair A%d3-ent4 te !lient so%ld be ad@ised to a@oid or
to end te liti3ation7
97 Ne3otiations *it opposite party
A la*yer so%ld not in any *ay !o--%ni!ate %pon te
s%bAe!t of !ontro@ersy *it a party represented by
!o%nsel4 -%! less so%ld e %ndertaEe to ne3otiate or
!o-pro-ise te -atter *it i-4 b%t so%ld deal only
*it is !o%nsel7 0t is in!%-bent %pon te la*yer -ost
parti!%larly to a@oid e@erytin3 tat -ay tend to -islead
a party not represented by !o%nsel4 and e so%ld not
%ndertaEe to ad@ise i- as to te la*7
1#7 A!D%irin3 interest in liti3ation
Te la*yer so%ld not p%r!ase any interest in te
s%bAe!t -atter of te liti3ation *i! e is !ond%!tin37
117 /ealin3 *it tr%st property
Te la*yer so%ld refrain fro- any a!tion *ereby for
is personal benefit or 3ain e ab%ses or taEes
ad@anta3e of te !onfiden!e reposed in i- by is
!lient7
:oney of te !lient or !olle!ted for te !lient or oter tr%st
property !o-in3 into te possession of te la*yer so%ld be
reported and a!!o%nted for pro-ptly and so%ld not %nder any
!ir!%-stan!es be !o--in3led *it is o*n or be %sed by i-7
1"7 FiBin3 te a-o%nt of te fee
0n fiBin3 fees4 la*yers so%ld a@oid !ar3es *i! o@er
esti-ate teir ad@i!e and ser@i!es4 as *ell as tose *i!
%nder@al%e te-7 A !lientGs ability to pay !annot A%stify a
!ar3e in eB!ess of te @al%e of te ser@i!e4 to%3 is po@erty
-ay reD%ire a less !ar3e or e@en none at all7 Te reasonable
reD%ests of broter la*yers4 and of teir *ido*s and orpans
*ito%t a-ple -eans4 so%ld re!ei@e spe!ial and Eindly
!onsideration7
0n deter-inin3 te a-o%nt of te fees4 it is proper to !onsiderH 2
1 5 te ti-e and labor reD%ired4 te no@elty and diffi!%lty of te
D%estions in@ol@ed and te sEill reD%ired to properly !ond%!t
te !a%seF 2"5 *eter te a!!eptan!e of e-ploy-ent in te
parti!%lar !ase *ill pre!l%de te la*yerGs appearan!e for oters
in !ases liEely to arise o%t of te transa!tion4 and in *i!
tere is a reasonable eBpe!tation tat oter*ise e *o%ld be
e-ployed in te parti!%lar !ase or anta3onis-s *it oter
!lientsF 235 te !%sto-ary !ar3es of te bar for si-ilar
ser@i!esF 2$5 te a-o%nt in@ol@ed in te !ontro@ersy and te
benefits res%ltin3 to te !lient fro- te ser@i!esF 2&5 te
!ontin3en!y or te !ertainty of te !o-pensationF and 2(5 te
!ara!ter of te e-ploy-ent4 *eter !as%al or for an
establised and !onstant !lient7 Not one of tese
25 26
!onsiderations in itself is !ontrollin37 Tey are -ere
3%ides in as!ertainin3 te real @al%e of te ser@i!e7
0n deter-inin3 te !%sto-ary !ar3es of te bar for
si-ilar ser@i!es4 it is proper for a la*yer to !onsider a
s!ed%le of -ini-%- fees adopted by a bar
asso!iation4 b%t no la*yer so%ld per-it i-self to be
!ontrolled tereby or to follo* it as is sole 3%ide in
deter-inin3 te a-o%nt of is fee7
0n fiBin3 fees4 it so%ld not be for3otten tat te
profession is a bran! of te ad-inistration of A%sti!e
and not a -ere -oney-3ettin3 trade7
137 Contin3ent fees
A !ontra!t for a !ontin3ent fee4 *ere san!tioned by
la*4 so%ld be reasonable %nder all te !ir!%-stan!es
of te !ase in!l%din3 te risE and %n!ertainty of te
!o-pensation4 b%t so%ld al*ays be s%bAe!t to te
s%per@ision of a !o%rt4 as to its reasonableness 7
1$7 S%in3 a !lient for a fee
Contro@ersies *it !lients !on!ernin3 !o-pensation
are to be a@oided by te la*yer so far as sall be
!o-patible *it is self respe!t and *it is ri3t to
re!ei@e reasonable re!o-pense for is ser@i!eF and
la*s%its *it te !lients so%ld be resorted to only to
pre@ent inA%sti!e4 i-position or fra%d7
1&7 6o* far a la*yer -ay 3o in s%pportin3 a !lientGs !a%se
Notin3 operates -ore !ertainly to !reate or to foster pop%lar
preA%di!e a3ainst la*yers as a !lass4 and to depri@e te
profession of tat f%ll -eas%re of p%bli! estee- and
!onfiden!e *i! belon3s to te proper dis!ar3e of its d%ties
tan does te false !lai-7 Often set %p by te %ns!r%p%lo%s for
te defense of D%estionable transa!tions4 tat it is te d%ty of
te la*yer to do *ate@er -ay enable i- to s%!!eed in
*innin3 is !lientGs !a%se7
0t is i-proper for a la*yer to assert in ar3%-ent is personal
belief in is !lientGs inno!en!e or in te A%sti!e of is !a%se7
Te la*yer o*es Ientire de@otion to te interest of te !lient4
*ar- Ceal in te -aintenan!e and defense of is ri3ts and te
eBertion of is %t-ost learnin3 and ability4I to te end tat
notin3 be taEen or be *iteld fro- i-4 sa@e by te r%les of
la*4 le3ally applied7 No fear of A%di!ial disfa@or or p%bli!
pop%larity so%ld restrain i- fro- te f%ll dis!ar3e of is
d%ty7 0n te A%di!ial for%- te !lient is entitled to te benefit of
any and e@ery re-edy and defense tat is a%toriCed by te
la* of te land4 and e -ay eBpe!t is la*yer to assert e@ery
s%! re-edy or defense7 B%t it is steadfastly to be borne in
-ind tat te 3reat tr%st of te la*yer is to be perfor-ed *itin
and not *ito%t te bo%nds of te la*7 Te offi!e of attorney
does not per-it4 -%! less does it de-and of i- for any
!lient4 @iolation of la* or any -anner of fra%d or !i!anery4 e
-%st obey is o*n !ons!ien!e and not tat of is !lient7
28 27
1(7 Restrainin3 !lients fro- i-proprieties
A la*yer so%ld %se is best efforts to restrain and to
pre@ent is !lients fro- doin3 tose tin3s *i! te
la*yer i-self o%3t not to do4 parti!%larly *it
referen!e to teir !ond%!t to*ards !o%rts4 A%di!ial
offi!ers4 A%rors4 *itnesses and s%itors7 0f a !lient
persists in s%! *ron3doin3s te la*yer so%ld
ter-inate teir relation7
1,7 0ll-feelin3s and personalities bet*een ad@o!ates
Clients4 not la*yers4 are te liti3ants7 8ate@er -ay be
te ill-feelin3 eBistin3 bet*een !lients so%ld not be
allo*ed to infl%en!e !o%nsel in teir !ond%!t and
de-eanor to*ard ea! oter or to*ard s%itors in te
!ase7 All personalities bet*een !o%nsels so%ld be
s!r%p%lo%sly a@oided7 0n te trial of a !a%se it is
inde!ent to all%de to te personal istory or te
personal pe!%liarities and idiosyn!rasies of !o%nsel on
te oter side7 Personal !olloD%ies bet*een !o%nsel
*i! !a%se delay and pro-ote %nsee-ly *ran3lin3s
so%ld also be !aref%lly a@oided7
1'7 Treat-ent of *itnesses and liti3ants
A la*yer so%ld al*ays treat ad@erse *itnesses and
s%itors *it fairness and d%e !onsideration4 and e
so%ld ne@er -inister to te -ale@olen!e or preA%di!es
of a !lient in te trial or !ond%!t of a !a%se7 Te !lient
!an not be -ade te Eeeper of te la*yerGs !ons!ien!e
in professional -atter7 6e as no ri3t to de-and tat is
!o%nsel sall ab%se te opposite party or ind%l3e in offensi@e
personalities7 0-proper spee! is not eB!%sable on te 3ro%nd
tat it is *at te !lient *o%ld say if speaEin3 in is o*n
bealf7
197 Appearan!e of la*yer as *itness for is !lient
8en a la*yer is a *itness for is !lient4 eB!ept as to -erely
for-al -atters4 s%! as te attestation or !%stody of an
instr%-ent and te liEe4 e so%ld lea@e te trial of te !ase to
oter !o%nsel7 EB!ept *en essential to te ends A%sti!e4 a
la*yer so%ld a@oid testifyin3 in bealf of is !lient7
"#7 Ne*spaper dis!%ssion of pendin3 liti3ation
Ne*spaper p%bli!ation by a la*yer as to pendin3 or
anti!ipated liti3ation -ay interfere *it a fair trial in te !o%rts
and oter*ise te d%e ad-inistration of A%sti!e7 ;enerally4 tey
are to be !onde-ned7 0f te eBtre-e !ir!%-stan!es of a
parti!%lar !ase A%stify a state-ent to te p%bli!4 it is
%nprofessional to -aEe it anony-o%s7 An eB parte referen!e to
te fa!ts so%ld not 3o beyond D%otation fro- te re!ords and
papers on file in te !o%rtF b%t e@en in eBtre-e !ases it is
better to a@oid an eB parte state-ent7
"17 P%n!t%ality and eBpedition
0t is te d%ty of te la*yer not only to is !lient4 b%t also to te
!o%rts and to te p%bli! to be p%n!t%al in attendan!e4 and to be
!on!ise and dire!t in te trial and disposition of !a%ses7
30 29
""7 Candor and fairness
Te !ond%!t of te la*yer before te !o%rt and *it
oter la*yers so%ld be !ara!teriCed by !andor and
fairness7
0t is not !andid nor fair for te la*yer Eno*in3ly to
-isD%ote te !ontents of a paper4 te testi-ony of a
*itness4 te lan3%a3e or te ar3%-ent of opposin3
!o%nsel4 of te lan3%a3e of a de!ision or a teBtbooEF or
*it Eno*led3e of its in@alidity4 to !ite as a%tority a
de!ision tat as been o@err%led or a stat%te tat as
been repealed4 or in ar3%-ent to assert as a fa!t tat
*i! as not been pro@ed4 or in tose A%risdi!tions
*ere a side as te openin3 and !losin3 ar3%-ents to
-islead is opponent by !on!ealin3 or *itoldin3
positions in is openin3 ar3%-ent %pon *i! is side
ten intends to rely7
0t is %nprofessional and disonorable to deal oter tan
!andidly *it te fa!ts in taEin3 te state-ents of
*itnesses4 in dra*in3 affida@its and oter do!%-ents4
and in te presentation of !a%ses7
A la*yer so%ld not offer e@iden!e *i! e Eno*s te
!o%rt so%ld reAe!t4 in order to 3et te sa-e before te
A%ry by ar3%-ents for its ad-issibility4 nor so%ld e
address to te A%d3e ar3%-ents %pon any points not
properly !allin3 for deter-ination by i-7 Neiter
so%ld e introd%!e into an ar3%-ent4 addressed to te
!o%rt4 re-arEs or state-ents intended to infl%en!e te
bystanders7
"37 Attit%de to*ards A%ry
All atte-pts to !%rry fa@or *it A%ries by fa*nin3 flattery or
pretended soli!it%de for teir personal !o-fort are
%nprofessional7 S%33estions of !o%nsel4 looEin3 to te !o-fort
or !on@enien!e of A%rors4 and propositions to dispense *it
ar3%-ents4 so%ld be -ade to te !o%rt o%t of te A%ryGs
earin37 A la*yer -%st ne@er !on@erse pri@ately *it A%rors
abo%t te !aseF and bot before and d%rin3 te trial e so%ld
a@oid !o--%ni!atin3 *it te- e@en as to -atters forei3n to
te !a%se7
"$7 Ri3t of la*yer to !ontrol te in!idents of te trial
As to in!idental -atters pendin3 trial4 not affe!tin3 te -erits
of te !a%se4 or *orEin3 s%bstantial preA%di!e to te ri3ts of
te !lient4 s%! as for!in3 te opposite la*yer to trial *en e
is %nder affli!tion or berea@e-entF for!in3 te trial on a
parti!%lar day to te inA%ry of te opposite la*yer *en no
ar- *ill res%lt fro- a trial at different ti-eF a3reein3 to an
eBtension of ti-e for si3nin3 a bill of eB!eptions4 !ross
interro3atories and te liEe4 te la*yer -%st be allo*ed to
A%d3e7 0n s%! -atters no !lient as a ri3t to de-and tat is
!o%nsel sall be illiberal4 or tat e does anytin3 terein
rep%3nant to is o*n sense of onor and propriety7
"&7 TaEin3 te!ni!al ad@anta3e of opposite !o%nselF
a3ree-ent *it i-
32 31
A la*yer so%ld not i3nore Eno*n !%sto-s or pra!ti!e
of te bar or of a parti!%lar !o%rt4 e@en *en te la*
per-its4 *ito%t 3i@in3 ti-ely noti!e to te opposite
!o%nsel7 As far as possible4 i-portant a3ree-ents4
affe!tin3 te ri3ts of !lients so%ld be red%!ed to
*ritin34 b%t it is disonorable to a@oid perfor-an!e of
an a3ree-ent fairly -ade be!a%se it is not red%!ed to
*ritin34 as reD%ired by te R%les of Co%rt7
"(7 Professional ad@o!a!y oter tan before !o%rts
A la*yer openly4 and in is tr%e !ara!ter -ay render
professional ser@i!es before le3islati@e or oter bodies4
re3ardin3 proposed le3islation and in ad@o!a!y of
!lai-s before depart-ents of 3o@ern-ent %pon te
sa-e prin!iples of eti!s *i! A%stify is appearan!e
before !o%rtsF b%t it is %nprofessional for a la*yer so
en3a3ed4 to !on!eal is attorneysip4 or to e-ploy
se!ret personal soli!itations4 or to %se -eans oter
tan tose addressed to reason and %nderstandin34 to
infl%en!e a!tion7
",7 Ad@ertisin34 dire!t or indire!t
0t is %nprofessional to soli!it professional e-ploy-ent
by !ir!%lars4 ad@ertise-ents4 tro%3 to%ters4 or by
personal !o--%ni!ations or inter@ie*s not *arranted
by personal relations7 0ndire!t ad@ertise-ents for
professional e-ploy-ent s%! as f%rnisin3 or
inspirin3 ne*spaper !o--ents4 or pro!%rin3 is
poto3rap to be p%blised in !onne!tion *it !a%ses
in *i! te la*yer as been or is en3a3ed or !on!ernin3 te
-anner of teir !ond%!t4 te -a3nit%de of te interest
in@ol@ed4 te i-portan!e of te la*yerGs position4 and all oter
liEe-la%dation4 offend te traditions and lo*er te tone of o%r
profession and are repreensibleF b%t te !%sto-ary %se of
si-ple professional !ards is not i-proper7
P%bli!ation in rep%table la* lists in a -anner !onsistent *it
te standards of !ond%!t i-posed by tose !anons of brief
bio3rapi!al and infor-ati@e data is per-issible7 S%! data
-%st not be -isleadin3 and -ay in!l%de only a state-ent of
te la*yerGs na-e and te na-es of is professional
asso!iatesF addresses4 telepone n%-bers4 !able addressesF
bran!es of te profession pra!ti!edF date and pla!e of birt
and ad-ission to te barF s!ools attendedF *it dates of
3rad%ation4 de3rees and oter ed%!ational distin!tionsF p%bli!
or D%asi-p%bli! offi!esF posts of onorF le3al a%torsipF le3al
tea!in3 positionsF -e-bersips and offi!es in bar
asso!iations and !o--ittees tereof4 in le3al and s!ientifi!
so!ieties and le3al fraternitiesF te fa!t of referen!esF and4 *it
teir *ritten !onsent4 te na-es of !lients re3%larly
represented7 A !ertifi!ate of !o-plian!e *it te R%les and
Standards iss%ed by te Spe!ial Co--ittee on La* Lists -ay
be treated as e@iden!e tat s%! list is rep%table7
"'7 Stirrin3 %p liti3ation4 dire!tly or tro%3 a3ents
0t is %nprofessional for a la*yer to @ol%nteer ad@i!e to brin3 a
la*s%it4 eB!ept in rare !ases *ere ties of blood4 relationsip
or tr%st -aEe it is d%ty to do so7 Stirrin3 %p strife and
liti3ation is not only %nprofessional4 b%t it is indi!table at
34 33
!o--on la*7 0t is disrep%table to %nt %p defe!ts in
titles or oter !a%ses of a!tion and infor- tereof in
order to be e-ployed to brin3 s%it or !olle!t A%d3-ent4
or to breed liti3ation by seeEin3 o%t tose *it !lai-s
for personal inA%ries or tose a@in3 any oter 3ro%nds
of a!tion in order to se!%re te- as !lients4 or to
e-ploy a3ents or r%nners for liEe p%rposes4 or to pay or
re*ard4 dire!tly or indire!tly4 tose *o brin3 or
infl%en!e te brin3in3 of s%! !ases to is offi!e4 or to
re-%nerate poli!e-en4 !o%rt or prison offi!ials4
pysi!ians4 ospital atta!es or oters *o -ay
s%!!eed %nder te 3%ise of 3i@in3 disinterested friendly
ad@i!e4 in infl%en!in3 te !ri-inal4 te si!E and te
inA%red4 te i3norant or oters4 to seeE is professional
ser@i!es7 A d%ty to te p%bli! and to te profession
de@ol@es %pon e@ery -e-ber of te bar a@in3
Eno*led3e of s%! pra!ti!es %pon te part of any
pra!titioner i--ediately to infor- tereof4 to te end
tat te offender -ay be disbarred7
"97 9poldin3 te onor of te profession
La*yers so%ld eBpose *ito%t fear or fa@or before te
proper trib%nal !orr%pt or disonest !ond%!t in te
profession4 and so%ld a!!ept *ito%t esitation
e-ploy-ent a3ainst a -e-ber of te bar *o as
*ron3ed is !lient7 Te !o%nsel %pon te trial of a
!a%se in *i! perA%ry as been !o--itted o*e it to te
profession and to te p%bli! to brin3 te -atter to te
Eno*led3e of te prose!%tin3 a%torities7 Te la*yer
so%ld aid in 3%ardin3 te bar a3ainst ad-ission to te
profession of !andidates %nfit or %nD%alified be!a%se defi!ient
in eiter -oral !ara!ter or ed%!ation7 6e so%ld stri@e at all
ti-es to %pold te onor and to -aintain te di3nity of te
profession and to i-pro@e not only te la* b%t te
ad-inistration of A%sti!e7
3#7 +%stifiable and %nA%stifiable liti3ations
Te la*yer -%st de!line to !ond%!t a !i@il !a%se or to -aEe a
defense *en !on@i!ted tat it is intended -erely to arass or
to inA%re te opposite party or to *orE oppression or *ron37
B%t oter*ise it is ri3t4 and a@in3 a!!epted retainer4 it
be!o-es is d%ty to insist %pon te A%d3-ent of te !o%rt as
to te le3al -erits of is !lientGs !lai-7 6is appearan!e in !o%rt
so%ld be dee-ed eD%i@alent to an assertion on is onor tat
in is opinion is !lientGs !ase is one proper for A%di!ial
deter-ination7
317 Responsibility for liti3ation
No la*yer is obli3ed to a!t eiter as ad@iser or ad@o!ate for
e@ery person *o -ay *is to be!o-e is !lient7 6e as te
ri3t to de!line e-ploy-ent7
E@ery la*yer %pon is o*n responsibility -%st de!ide *at
e-ploy-ent e *ill a!!ept as !o%nsel4 *at !a%ses e *ill
brin3 into !o%rt for plaintiffs4 *at !ase e *ill !ontest in !o%rt
for defendants7 Te responsibility for ad@isin3 as to
D%estionable defenses is te la*yerGs responsibility7 6e !annot
es!ape it b%t %r3in3 as an eB!%se tat e is only follo*in3 is
!lientGs instr%!tions7
36 35
3"7 Te la*yerGs d%ty in its last analysis
No !lient !orporate or indi@id%al4 o*e@er4 po*erf%l nor
any !a%se4 !i@il or politi!al4 o*e@er i-portant4 is
entitled to re!ei@e nor so%ld any la*yer render any
ser@i!e or ad@i!e in@ol@in3 disloyalty to te la*s *ose
-inisters *e are4 or disrespe!t of te A%di!ial offi!e4
*i! *e are bo%nd to %pold4 or !orr%ption of any
person or persons eBer!isin3 a p%bli! offi!e or pri@ate
tr%st4 or de!eption or betrayal of te p%bli!7 8en
renderin3 any s%! i-proper ser@i!e or ad@i!e4 te
la*yer in@ites and -erits stern and A%st !onde-nation7
Correspondin3ly4 e ad@an!es te onor of is
profession and te best interests of is !lient *en e
renders ser@i!e or 3i@es ad@i!e tendin3 to i-press %pon
te !lient and is %ndertaEin3 eBa!t !o-plian!e *it te
stri!test prin!iples of -oral la*7 6e -%st also obser@e
and ad@i!e is !lient to obser@e te stat%te la*4 to%3
%ntil a stat%te sall a@e been !onstr%ed and
interpreted by !o-petent adA%di!ation e is free and is
entitled to ad@ise as to its @alidity and as to *at e
!ons!ientio%sly belie@es to be its A%st -eanin3 and
eBtent7 B%t abo@e all a la*yer *ill find is i3est onor
in a deser@ed rep%tation for fidelity to pri@ate tr%st and
to p%bli! d%ty4 as an onest -an and as a patrioti! and
loyal !itiCen7
337 Partnersip - na-es
Partnersips a-on3 la*yers for te pra!ti!e of teir
profession are @ery !o--on and are not to be
!onde-ned7 0n te for-ation of partnersips and te %se of
partnersip na-es4 !are so%ld be taEen not to @iolate any la*4
!%sto-4 or r%le of !o%rt lo!ally appli!able7 8ere partnersips
are for-ed bet*een la*yers *o are not all ad-itted to
pra!ti!e in te !o%rts of te state4 !are so%ld be taEen to
a@oid any -isleadin3 na-e or representation *i! *o%ld
!reate a false i-pression as to te professional position or
pri@ile3e of te -e-ber not lo!ally ad-itted7
0n te for-ation of partnersips for te pra!ti!e of la* no
person so%ld be ad-itted or eld o%t as pra!titioner or
-e-ber *o is not a -e-ber of te le3al profession d%ly
a%toriCed to pra!ti!e4 and a-enable to professional
dis!ipline7 0n te sele!tion and %se of a fir- na-e4 no false4
-isleadin34 ass%-ed or trade na-e so%ld be %sed7 Te
!ontin%ed %se of te na-e of a de!eased or for-er partner4
*en per-issible by lo!al !%sto-4 is not %neti!al4 b%t !are
so%ld be taEen tat no i-position or de!eption is pra!ti!ed
tro%3 tis %se7 8en a -e-ber of te fir-4 on be!o-in3 a
A%d3e4 is pre!l%ded fro- pra!ti!in3 la*4 is na-e so%ld not
be !ontin%ed in te fir- na-e7
Partnersip bet*een la*yers and -e-bers of oter
professions or non-professional persons so%ld not be for-ed
or per-itted *ere any part of te partnersipGs e-ploy-ent
!onsists of te pra!ti!e of la*7
38 37
3$7 /i@ision of fee
No di@ision of fees for le3al ser@i!es is proper4 eB!ept
*it anoter la*yer4 based %pon a di@ision of ser@i!e or
responsibility7
3&7 0nter-ediaries
Te professional ser@i!es of a la*yer so%ld not be
!ontrolled or eBploited by any lay a3en!y4 personal or
!orporate4 *i! inter@enes bet*een !lient and la*yer7
A la*yerGs responsibilities and D%alifi!ations are
indi@id%al7 6e so%ld a@oid all relations *i! dire!t te
perfor-an!e of is d%ties by or in te interest of s%!
inter-ediary7 A la*yerGs relation to is !lient so%ld be
personal4 and is responsibility so%ld be dire!t to te
!lient7 Caritable so!ieties renderin3 aid to te
indi3ents are not dee-ed s%! inter-ediaries7
A la*yer -ay a!!ept e-ploy-ent fro- any
or3aniCation4 s%! as an asso!iation4 !l%b or trade
or3aniCation4 to render le3al ser@i!es in any -atter in
*i! te or3aniCation4 as an entity4 is interested4 b%t
tis e-ploy-ent so%ld not in!l%de te renderin3 of
le3al ser@i!es to te -e-bers of s%! an or3aniCation
in respe!t to teir indi@id%al affairs7
3(7 Retire-ent fro- A%di!ial position or p%bli!
e-ploy-ent
A la*yer so%ld not a!!ept e-ploy-ent as an ad@o!ate in any
-atter %pon te -erits of *i! e as pre@io%sly a!ted in a
A%di!ial !apa!ity7
A la*yer4 a@in3 on!e eld p%bli! offi!e or a@in3 been in te
p%bli! e-ploy so%ld not4 after is retire-ent4 a!!ept
e-ploy-ent in !onne!tion *it any -atter e as in@esti3ated
or passed %pon *ile in s%! offi!e or e-ploy7
3,7 Confiden!e of a !lient
0t is te d%ty of a la*yer to preser@e is !lientGs !onfiden!es7
Tis d%ty o%tlasts te la*yerGs e-ploy-ent and eBtends as
*ell to is e-ployeesF and neiter of te- so%ld a!!ept
e-ploy-ent4 *i! in@ol@es or -ay in@ol@e te dis!los%re or
%se of tese !onfiden!es4 eiter for te pri@ate ad@anta3es of
te !lient4 *ito%t is Eno*led3e and !onsent4 and e@en
to%3 tere are oter a@ailable so%r!es of s%! infor-ation7 A
la*yer so%ld not !ontin%e e-ploy-ent *en e dis!o@ers
tat tis obli3ation pre@ents te perfor-an!e of is f%ll d%ty to
is for-er or to is ne* !lient7
0f a la*yer is a!!%sed by is !lient4 e is not pre!l%ded fro-
dis!losin3 te tr%t in respe!t to te a!!%sation7 Te
anno%n!ed intention of a !lient to !o--it a !ri-e is not
in!l%ded *itin te !onfiden!e *i! e is bo%nd to respe!t7
6e -ay properly -aEe s%! dis!los%re as -ay be ne!essary to
pre@ent te a!t or prote!t tose a3ainst *o- it is treatened7
40 39
3'7 Co-pensation4 !o--issions and rebates
A la*yer so%ld a!!ept no !o-pensation4 !o--issions4
rebates or oter ad@anta3es fro- oters *ito%t te
Eno*led3e and !onsent of is !lient after f%ll
dis!los%re7
397 8itness
A la*yer -ay properly inter@ie* any *itness or
prospe!ti@e *itness for te opposin3 side in any !i@il or
!ri-inal a!tion *ito%t te !onsent of opposin3 !o%nsel
or party7 0n doin3 so4 o*e@er4 e so%ld s!r%p%lo%sly
a@oid any s%33estion !al!%lated to ind%!e te *itness
to s%ppress or de@iate fro- te tr%t4 or in any de3ree
to affe!t is free and %ntra--eled !ond%!t *en
appearin3 at te trial or on te *itness stand7
$#7 Ne*spapers
A la*yer -ay *it propriety *rite arti!les for
p%bli!ations in *i! e 3i@es infor-ation %pon te
la*F b%t e !o%ld not a!!ept e-ploy-ent fro- s%!
p%bli!ation to ad@i!e inD%iries in respe!t to teir
indi@id%al ri3ts7
$17 /is!o@ery of i-position and de!eption
8en a la*yer dis!o@ers tat so-e fra%d or de!eption
as been pra!ti!ed4 *i! *as %nA%stly i-posed %pon
te !o%rt or party4 e so%ld endea@or to re!tify itF at
first by ad@isin3 is !lient4 and so%ld endea@or to re!tify itF at
first by ad@isin3 is !lient4 and if is !lient ref%ses to fore3o
te ad@anta3e t%s %nA%stly 3ained4 e so%ld pro-ptly infor-
te inA%red person or is !o%nsel4 so tat tey -ay taEe
appropriate steps7
$"7 EBpenses
A la*yer -ay not properly a3ree *it a !lient tat te la*yer
sall pay or beat te eBpense of liti3ationF e -ay in 3ood fait
ad@an!e eBpenses as a -atter of !on@enien!e4 b%t s%bAe!t to
rei-b%rse-ent7
$37 Appro@ed la* lists
0t is i-proper for a la*yer to per-it is na-e to be p%blised in
a la* list te !ond%!t4 -ana3e-ent or !ontents of *i! are
!al!%lated or liEely to de!ei@e or inA%re te p%bli! or te
profession4 or to lo*er te di3nity or standin3 of te
profession7
$$7 8itdra*al fro- e-ploy-ent as attorney or !o%nsel
Te ri3t of an attorney or !o%nsel to *itdra* fro-
e-ploy-ent4 on!e ass%-ed4 arises only fro- 3ood !a%se7
E@en te desire or !onsent of te !lient is not al*ays s%ffi!ient7
Te la*yers so%ld not tro* %p te %nfinised tasE to te
detri-ent of is !lient eB!ept for reasons of onor or self-
respe!t7 0f te !lient insists %pon an %nA%st or i--oral !o%rse
in te !ond%!t of is !ase4 or if e persists o@er te attorneyGs
re-onstran!e in presentin3 fri@olo%s defenses4 or if e
42 41
deliberately disre3ards an a3ree-ent or obli3ation as to
fees or eBpenses4 te la*yer -ay be *arranted in
*itdra*in3 on d%e noti!e to te !lient4 allo*in3 i-
ti-e to e-ploy anoter la*yer7 So4 also4 *en a la*yer
dis!o@ers tat is !lient as no !ase and te !lient is
deter-ined to !ontin%e itF or e@en if te la*yer finds
i-self in!apable of !ond%!tin3 te !ase effe!ti@ely7
S%ndry oter instan!es -ay arise in *i! *itdra*al is
to be A%stified7 9pon *itdra*al fro- a !ase after a
retainer as been paid4 te attorney so%ld ref%nd s%!
part of te retainer as as not been !learly earned7
$&7 Spe!ialists
Te !anons of te Pilippine Bar Asso!iation apply to
all bran!es of te le3al professionF spe!ialist in
parti!%lar bran!es are not to be !onsidered as eBe-pt
fro- te appli!ation of tese prin!iples7
$(7 Noti!e of spe!ialiCed le3al ser@i!e
8ere a la*yer is en3a3ed in renderin3 a spe!ialiCed
le3al ser@i!e dire!tly and only to oter la*yers4 a brief4
di3nified noti!e of te fa!t4 !o%!ed in lan3%a3e
indi!atin3 tat it is addressed to la*yers4 inserted in
le3al periodi!als and liEe p%bli!ations4 *en it *ill
afford !on@enient and benefi!ial infor-ation to la*yers
desirin3 to obtain s%! ser@i!e4 is not i-proper7
$,7 Aidin3 te %na%toriCed pra!ti!e of la*
No la*yer sall per-it is professional ser@i!es4 or is na-e
to be %sed in aid of4 or to -aEe possible4 te %na%toriCed
pra!ti!e of la* by any lay a3en!y4 personal or !orporate7

R9LE 13&
Po*ers and /%ties of Co%rts and +%di!ial Offi!ers
Se!tion 17 Courts always open; justice to be promptly and
impartially administered. +ourts of "ustice shall always be open,
e#cept on legal holidays, for the filing of any pleading, motion or
other papers, for the trial of cases, hearing of motions, and for the
issuance of orders or rendition of "udgments. 2ustice shall be
impartially administered without unnecessary delay.
Se! "7 Publicity of proceedings and records. &he sitting of every
court of "ustice shall be public, but any court may, in its discretion,
e#clude the public when the evidence to be adduced is of such
nature as to re%uire their e#clusion in the interest of morality or
decency. &he records of every court of "ustice shall be public
records and shall be available for the inspection of any interested
person, at all proper business hours, under the supervision of the
cler* having custody of such records, unless the court shall, in any
special case, have forbidden their publicity, in the interest of morality
or decency.
44 43
Se!tion 37 Process of superior courts enforced throughout
the Philippines. 6rocess issued from a superior court in
which a case is pending to bring in a defendant, or for the
arrest of any accused person, or to e#ecute any order or
"udgment of the court, may be enforced in any part of the
6hilippines.
Se!tion $7 Process of inferior courts. &he process of
inferior courts shall be enforceable within the province where
the municipality or city lies. $t shall not be served outside the
boundaries of the province in which they are compromised
e#cept with the approval of the "udge of first instance of said
province, and only in the following cases.
/a0 'hen an order for the delivery of personal
property lying outside the province is to be complied
with1
/b0 'hen an attachment of real or personal property
lying outside the province is to be made1
/c0 'hen the action is against two or more defendants
residing in different provinces1 and
/d0 'hen the place where the case has been brought
is that specified in a contract in writing between the
parties, or is the place of the e#ecution of such
contract as appears therefrom.
'rits of e#ecution issued by inferior courts may be enforced in any
part of the part of the 6hilippines without any previous approval of
the "udge of first instance.
+riminal process may be issued by a "ustice of the peace or other
inferior court, to be served outside his province, when the district
"udge, or in his absence the provincial fiscal, shall certify that in his
opinion the interest of "ustice re%uire such service.
Se!tion &7 Inherent powers of court. :very court shall have power.
/a0 &o preserve and enforce order in its immediate presence1
/b0 &o enforce order in proceedings before it, or before a
person or persons empowered to conduct a "udicial
investigation under its authority1
/c0 &o compel obedience to its "udgments, orders and
processes, and to the lawful orders of a "udge out of court, in
a case pending therein1
/d0 &o control, in furtherance of "ustice, the conduct of its
ministerial officers and of all other persons in any manner
connected with a case before it, in every manner appertaining
thereto1
/e0 &o compel the attendance of persons to testify in a case
pending therein1
46 45
/f0 &o administer or cause to be administered oaths in
a case pending therein, and in all other cases where it
may be necessary in the e#ercise of its powers1
/g0 &o amend and control its process and orders so as
to ma*e them conformable to law and "ustice1
/h0 &o authori8e a copy of a lost or destroyed pleading
or other paper to be filed and used instead of the
original, and to restore, and supply deficiencies in its
records and proceedings.
Se!tion (7 Means to carry jurisdiction into effect. 'hen
by law "urisdiction is conferred on a court or "udicial officer,
all au#iliary writs, processes and other means necessary to
carry it into effect may be employed by such court or officer1
and if the procedure to be followed in the e#ercise of such
"urisdiction is not specifically pointed out by law or by these
rules, any suitable process or mode of proceeding may be
adopted which appears comfortable to the spirit of the said
law or rules.
Se!tion ,7 Trials and hearings; orders in chambers. All
trials upon the merits shall be conducted in open court and
so far as convenient in a regular court room. All other acts or
proceeding may be done or conducted by a "udge in
chambers, without the attendance of the cler* or other court
officials.
Se!tion '7 Interlocutory orders out of province. A "udge of
first instance shall have power to hear and determine, when
within the district though without his province, any interlocutory
motion or issue after due and reasonable notice to the parties. 9n
the filing of a petition for the writ of habeas corpus or for release
upon bail or reduction of bail in any +ourt of ;irst $nstance, the
hearings may be had at any place in the "udicial district which the
"udge shall deem convenient.
Se!tion 97 Signing judgments out of province. 'henever a "udge
appointed or assigned in any province or branch of a +ourt of ;irst
$nstance in a province shall leave the province by transfer or
assignment to another court of e%ual "urisdiction, or by e#piration of
his temporary assignment, without having decided a case totally
heard by him and which was argued or an opportunity given for
argument to the parties or their counsel, it shall be lawful for him to
prepare and sign his decision in said case anywhere within the
6hilippines. 4e shall send the same by registered mail to the cler*
of the court where the case was heard or argued to be filed therein
as of the date when the same was received by the cler*, in the
same manner as if he had been present in court to direct the filing
of the "udgment. $f a case has been heard only in part, the <upreme
+ourt, upon petition of any of the parties to the case and the
recommendation of the respective district "udge, may also authori8e
the "udge who has partly heard the case, if no other "udge had
heard the case in part, to continue hearing and to decide said case
notwithstanding his transfer or appointment to another court of
e%ual "urisdiction.
48 47
R9LE 13'
Attorneys and Ad-ission to Bar
Se!tion 17 Who may practice law. Any person heretofore
duly admitted as a member of the bar, or hereafter admitted
as such in accordance with the provisions of this rule, and
who is in good and regular standing, is entitled to practice
law.
Se!tion "7 e!uirements for all applicants for admission to
the bar. :very applicant for admission as a member of
the bar must be a citi8en of the 6hilippines, at least twenty-
one years of age, of good moral character, and resident of
the 6hilippines1 and must produce before the <upreme
+ourt satisfactory evidence of good moral character, and
that no charges against him, involving moral turpitude, have
been filed or are pending in any court in the 6hilippines.
Se!tion 37 e!uirements for lawyers who are citi"ens of the
#nited States of $merica. +iti8ens of the =nited <tates of
America who, before 2uly !, 1-!(, were duly licensed
members of the 6hilippine 5ar, in active practice in the
courts of the 6hilippines and in good and regular standing as
such may, upon satisfactory proof of those facts before the
<upreme +ourt, be allowed to continue such practice after
ta*ing the following oath of office.
$ . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to
continue in the practice of law in the 6hilippines, do solemnly
swear that $ recogni8e the supreme authority of the Republic
of the 6hilippines1 $ will support its +onstitution and obey the
laws as well as the legal orders of the duly constituted
authorities therein1 $ will do no falsehood, nor consent to the
doing of any in court1 $ will not wittingly or willingly promote or
sue any groundless, false or unlawful suit, nor give aid nor
consent to the same1 $ will delay no man for money or malice,
and will conduct myself as a lawyer according to the best of
may *nowledge and discretion with all good fidelity as well as
to the courts as to my clients1 and $ impose upon myself this
voluntary obligation without any mental reservation or
purpose of evasion. <o help me >od.
Se!tion $7 e!uirements for applicants from other jurisdictions.
Applicants for admission who, being ;ilipino citi8ens, are enrolled
attorneys in good standing in the <upreme +ourt of the =nited
<tates or in any circuit court of appeals or district court therein, or in
the highest court of any <tate or &erritory of the =nited <tates, and
who can show by satisfactory certificates that they have practiced at
least five years in any of said courts, that such practice began
before 2uly !, 1-!(, and that they have never been suspended or
disbarred, may, in the discretion of the +ourt, be admitted without
e#amination.
Se!tion &7 $dditional re!uirements for other applicants. All
applicants for admission other than those referred to in the two
preceding section shall, before being admitted to the e#amination,
satisfactorily show that they have regularly studied law for four
years, and successfully completed all prescribed courses, in a law
50 49
school or university, officially approved and recogni8ed by
the <ecretary of :ducation. &he affidavit of the candidate,
accompanied by a certificate from the university or school of
law, shall be filed as evidence of such facts, and further
evidence may be re%uired by the court.
7o applicant shall be admitted to the bar e#aminations
unless he has satisfactorily completed the following courses
in a law school or university duly recogni8ed by the
government. civil law, commercial law, remedial law, criminal
law, public and private international law, political law, labor
and social legislation, medical "urisprudence, ta#ation and
legal ethics.
Se!tion (7 Pre%&aw. 7o applicant for admission to the
bar e#amination shall be admitted unless he presents a
certificate that he has satisfied the <ecretary of :ducation
that, before he began the study of law, he had pursued and
satisfactorily completed in an authori8ed and recogni8ed
university or college, re%uiring for admission thereto the
completion of a four-year high school course, the course of
study prescribed therein for a bachelors degree in arts or
sciences with any of the following sub"ects as ma"or or field
of concentration. political science, logic, english, spanish,
history and economics.
Se!tion ,7 Time for filing proof of !ualifications. All
applicants for admission shall file with the cler* of the
<upreme +ourt the evidence re%uired by section 2 of this
rule at least fifteen /130 days before the beginning of the
e#amination. $f not embraced within section 3 and ! of this
rule they shall also file within the same period the affidavit and
certificate re%uired by section 3, and if embraced within sections 3
and ! they shall e#hibit a license evidencing the fact of their
admission to practice, satisfactory evidence that the same has not
been revo*ed, and certificates as to their professional standing.
Applicants shall also file at the same time their own affidavits as to
their age, residence, and citi8enship.
Se!tion '7 'otice of $pplications. 7otice of applications for
admission shall be published by the cler* of the <upreme +ourt in
newspapers published in 6ilipino, :nglish and <panish, for at least
ten /100 days before the beginning of the e#amination.
Se!tion 97 ()amination; subjects. Applicants, not otherwise
provided for in sections 3 and ! of this rule, shall be sub"ected to
e#aminations in the following sub"ects. +ivil ?aw1 ?abor and <ocial
?egislation1 @ercantile ?aw1 +riminal ?aw1 6olitical ?aw
/+onstitutional ?aw, 6ublic +orporations, and 6ublic 9fficers01
$nternational ?aw /6rivate and 6ublic01 &a#ation1 Remedial ?aw
/+ivil 6rocedure, +riminal 6rocedure, and :vidence01 ?egal :thics
and 6ractical :#ercises /in 6leadings and +onveyancing0.
Se!tion 1#7 *ar e)amination+ by !uestions and answers+ and in
writing. 6ersons ta*ing the e#amination shall not bring papers,
boo*s or notes into the e#amination rooms. &he %uestions shall be
the same for all e#aminees and a copy thereof, in :nglish or
<panish, shall be given to each e#aminee. :#aminees shall answer
the %uestions personally without help from anyone.
=pon verified application made by an e#aminee stating that his
penmanship is so poor that it will be difficult to read his answers
52 51
without much loss of time., the <upreme +ourt may allow
such e#aminee to use a typewriter in answering the
%uestions. 9nly noiseless typewriters shall be allowed to be
used.
&he committee of bar e#aminer shall ta*e such precautions
as are necessary to prevent the substitution of papers or
commission of other frauds. :#aminees shall not place their
names on the e#amination papers. 7o oral e#amination shall
be given.
Se!tion 117 $nnual e)amination. :#aminations for
admission to the bar of the 6hilippines shall ta*e place
annually in the +ity of @anila. &hey shall be held in four
days to be designated by the chairman of the committee on
bar e#aminers. &he sub"ects shall be distributed as follows.
;irst day. 6olitical and $nternational ?aw /morning0 and
?abor and <ocial ?egislation /afternoon01 <econd day. +ivil
?aw /morning0 and &a#ation /afternoon01 &hird day.
@ercantile ?aw /morning0 and +riminal ?aw /afternoon01
;ourth day. Remedial ?aw /morning0 and legal :thics and
6ractical :#ercises /afternoon0.
Se!tion 1"7 Committee of e)aminers. :#aminations shall
be conducted by a committee of bar e#aminers to be
appointed by the <upreme +ourt. &his committee shall be
composed of a 2ustice of the <upreme +ourt, who shall act
as chairman, and who shall be designated by the court to
serve for one year, and eight members of the bar of the
6hilippines, who shall hold office for a period of one year.
&he names of the members of this committee shall be published in
each volume of the official reports.
Se!tion 137 ,isciplinary measures. 7o candidate shall endeavor
to influence any member of the committee, and during e#amination
the candidates shall not communicate with each other nor shall they
give or receive any assistance. &he candidate who violates this
provisions, or any other provision of this rule, shall be barred from
the e#amination, and the same to count as a failure against him,
and further disciplinary action, including permanent dis%ualification,
may be ta*en in the discretion of the court.
Se!tion 1$7 Passing average. $n order that a candidate may be
deemed to have passed his e#aminations successfully, he must
have obtained a general average of )3 per cent in all sub"ects,
without falling below 30 per cent in any sub"ects. $n determining the
average, the sub"ects in the e#amination shall be given the following
relative weights. +ivil ?aw, 13 per cent1 ?abor and <ocial
?egislation, 10 per cent1 @ercantile ?aw, 13 per cent1 +riminal ?aw1
10 per cent. 6olitical and $nternational ?aw, 13 per cent1 &a#ation,
10 per cent1 Remedial ?aw, 20 per cent1 ?egal :thics and 6ractical
:#ercises, 3 per cent.
Se!tion 1&7 eport of the committee; filing of e)amination papers.
7ot later than ;ebruary 13th after the e#amination, or as soon
thereafter as may be practicable, the committee shall file its report
on the result of such e#amination. &he e#amination papers and
notes of the committee shall be filed with the cler* and may there be
e#amined by the parties in interest, after the court has approved the
report.
54 53
Se!tion 1(7 -ailing candidates to ta.e review course.
+andidates who have failed the bar e#aminations for three
times shall be dis%ualified from ta*ing another e#amination
unless they show the satisfaction of the court that they have
enrolled in and passed regular fourth year review classes as
well as attended a pre-bar review course in a recogni8ed law
school.
&he professors of the individual review sub"ects attended by
the candidates under this rule shall certify under oath that
the candidates have regularly attended classes and passed
the sub"ects under the same conditions as ordinary students
and the ratings obtained by them in the particular sub"ect.
Se!tion 1,7 $dmission and oath of successful applicants.
An applicant who has passed the re%uired e#amination, or
has been otherwise found to be entitled to admission to the
bar, shall ta*e and subscribe before the <upreme +ourt the
corresponding oath of office.
Se!tion 1'7 Certificate. &he supreme +ourt shall
thereupon admit the applicant as a member of the bar for all
the courts of the 6hilippines, and shall direct an order to be
entered to that effect upon its records, and that a certificate
of such record be given to him by the cler* of court, which
certificate shall be his authority to practice.
Se!tion 197 $ttorney/s roll. &he cler* of the <upreme
+ourt shall *ept a roll of all attorneys admitted to practice,
which roll shall be signed by the person admitted when he
receives his certificate.
Se!tion "#7 ,uties of attorneys. $t is the duty of an attorney.
/a0 &o maintain allegiance to the Republic of the 6hilippines
and to support the +onstitution and obey the laws of the
6hilippines.
/b0 &o observe and maintain the respect due to the courts of
"ustice and "udicial officers1
/c0 &o counsel or maintain such actions or proceedings only
as appear to him to be "ust, and such defenses only as he
believes to be honestly debatable under the law.
/d0 &o employ, for the purpose of maintaining the causes
confided to him, such means only as are consistent with truth
and honor, and never see* to mislead the "udge or any
"udicial officer by an artifice or false statement of fact or law1
/e0 &o maintain inviolate the confidence, and at every peril to
himself, to preserve the secrets of his client, and to accept no
compensation in connection with his clients business e#cept
from him or with his *nowledge and approval1
/f0 &o abstain from all offensive personality and to advance no
fact pre"udicial to the honor or reputation of a party or witness,
unless re%uired by the "ustice of the cause with which he is
charged1
/g0 7ot to encourage either the commencement or the
continuance of an action or proceeding, or delay any mans
cause, from any corrupt motive or interest1
56 55
/h0 7ever to re"ect, for any consideration personal to
himself, the cause of the defenseless or oppressed1
/i0 $n the defense of a person accused of crime, by all
fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no
person may be deprived of life or liberty, but by due
process of law.
Se!tion "17 $uthority of attorney to appear. an attorney
is presumed to be properly authori8ed to represent any
cause in which he appears, and no written power of attorney
is re%uired to authori8e him to appear in court for his client,
but the presiding "udge may, on motion of either party and
on reasonable grounds therefore being shown, re%uire any
attorney who assumes the right to appear in a case to
produce or prove the authority under which he appears, and
to disclose, whenever pertinent to any issue, the name of
the person who employed him, and may thereupon ma*e
such order as "ustice re%uires. An attorneys wilfully appear in
court for a person without being employed, unless by leave
of the court, may be punished for contempt as an officer of
the court who has misbehaved in his official transactions.
Se!tion ""7 $ttorney who appears in lower court presumed
to represent client on appeal. An attorney who appears
de parte in a case before a lower court shall be presumed to
continue representing his client on appeal, unless he files a
formal petition withdrawing his appearance in the appellate
court.
Se!tion "37 $uthority of attorneys to bind clients. Attorneys have
authority to bind their clients in any case by any agreement in
relation thereto made in writing, and in ta*ing appeals, and in all
matters of ordinary "udicial procedure. 5ut they cannot, without
special authority, compromise their clients litigation, or receive
anything in discharge of a clients claim but the full amount in cash.
Se!tion "$7 Compensation of attorneys; agreement as to fees.
An attorney shall be entitled to have and recover from his client no
more than a reasonable compensation for his services, with a view
to the importance of the sub"ect matter of the controversy, the e#tent
of the services rendered, and the professional standing of the
attorney. 7o court shall be bound by the opinion of attorneys as
e#pert witnesses as to the proper compensation, but may disregard
such testimony and base its conclusion on its own professional
*nowledge. A written contract for services shall control the amount
to be paid therefore unless found by the court to be unconscionable
or unreasonable.
Se!tion "&7 #nlawful retention of client/s funds; contempt. 'hen
an attorney un"ustly retains in his hands money of his client after it
has been demanded, he may be punished for contempt as an
officer of the +ourt who has misbehaved in his official transactions1
but proceedings under this section shall not be a bar to a criminal
prosecution.
Se!tion "(7 Change of attorneys. An attorney may retire at any
time from any action or special proceeding, by the written consent
of his client filed in court. 4e may also retire at any time from an
action or special proceeding, without the consent of his client,
should the court, on notice to the client and attorney, and on
58
57
hearing, determine that he ought to be allowed to retire. $n
case of substitution, the name of the attorney newly
employed shall be entered on the doc*et of the court in
place of the former one, and written notice of the change
shall be given to the advance party.
A client may at any time dismiss his attorney or substitute
another in his place, but if the contract between client and
attorney has been reduced to writing and the dismissal of
the attorney was without "ustifiable cause, he shall be
entitled to recover from the client the full compensation
stipulated in the contract. 4owever, the attorney may, in the
discretion of the court, intervene in the case to protect his
rights. ;or the payment of his compensation the attorney
shall have a lien upon all "udgments for the payment of
money, and e#ecutions issued in pursuance of such
"udgment, rendered in the case wherein his services had
been retained by the client.
Se!tion ",7 $ttorneys removed or suspended by Supreme
Court on what grounds. A member of the bar may be
removed or suspended from his office as attorney by the
<upreme +ourt for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude,
or for any violation of the oath which he is re%uired to ta*e
before the admission to practice, or for a willful disobedience
of any lawful order of a superior court, or for corruptly or
willful appearing as an attorney for a party to a case without
authority so to do. &he practice of soliciting cases at law for
the purpose of gain, either personally or through paid agents or
bro*ers, constitutes malpractice.
Se!tion "'7 Suspension of attorney by the Court of $ppeals or a
Court of -irst Instance. &he +ourt of Appeals or a +ourt of ;irst
$nstance may suspend an attorney from practice for any of the
causes named in the last preceding section, and after such
suspension such attorney shall not practice his profession until
further action of the <upreme +ourt in the premises.
Se!tion "97 #pon suspension by the Court of $ppeals or Court of
-irst Instance+ further proceedings in Supreme Court. =pon such
suspension, the +ourt of Appeals or the +ourt of ;irst $nstance shall
forthwith transmit to the <upreme +ourt a certified copy of the order
of suspension and a full statement of the facts upon which the same
was based. =pon the receipt of such certified copy and statement,
the <upreme +ourt shall ma*e a full investigation of the facts
involved and ma*e such order revo*ing or e#tending the
suspension, or removing the attorney from his office as such, as the
facts warrant.
Se!tion 3#7 $ttorney to be heard before removal or suspension.
7o attorney shall be removed or suspended from the practice of his
profession, until he has had full opportunity upon reasonable notice
to answer the charges against him, to produce witnesses in his own
behalf, and to be heard by himself or counsel. 5ut if upon
reasonable notice he fails to appear and answer the accusation, the
court may proceed to determine the matter e) parte.
Se!tion 317 $ttorneys for destitute litigants. A court may assign
an attorney to render professional aid free of charge to any party in
60
59
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
"ustice and to protect the rights of the party. $t shall be the
duty of the attorney so assigned to render the re%uired
service, unless he is e#cused therefrom by the court for
sufficient cause shown.
Se!tion 3"7 Compensation for attorneys de oficio.
<ub"ect to availability of funds as may be provided by the
law the court may, in its discretion, order an attorney
employed as counsel de oficio to be compensates in such
sum as the court may fi# in accordance with section 2! of
this rule. 'henever such compensation is allowed, it shall
be not less than thirty pesos /6300 in any case, nor more
than the following amounts. /10 ;ifty pesos /6300 in light
felonies1 /20 9ne hundred pesos /61000 in less grave
felonies1 /30 &wo hundred pesos /62000 in grave felonies
other than capital offenses1 /!0 ;ive 4undred pesos /63000
in capital offenses.
Se!tion 337 Standing in court of person authori"ed to
appear for 0overnment. Any official or other person
appointed or designated in accordance with law to appear
for the >overnment of the 6hilippines shall have all the
rights of a duly authori8ed member of the bar to appear in
any case in which said government has an interest direct or
indirect.
Se!tion 3$7 *y whom litigation conducted. $n the court of
a "ustice of the peace a party may conduct his litigation in
person, with the aid of an agent or friend appointed by him for the
purpose, or with the aid an attorney. $n any other court, a party may
conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authori8ed
member of the bar.
Se!tion 3&7 Certain attorneys not to practice. 7o "udge or other
official or employee of the superior courts or of the 9ffice of the
<olicitor >eneral, shall engage in private practice as a member of
the bar or give professional advice to clients.
Se!tion 3(7 $micus Curiae. :#perienced and impartial attorneys
may be invited by the +ourt to appear as amici curiae to help in the
disposition of issues submitted to it.
Se!tion 3,7 $ttorneys/ liens. An attorney shall have a lien upon
the funds, documents and papers of his client which have lawfully
come into his possession and may retain the same until his lawful
fees and disbursements have been paid, and may apply such funds
to the satisfaction thereof. 4e shall also have a lien to the same
e#tent upon all "udgments for the payment of money, and
e#ecutions issued in pursuance of such "udgments, which he has
secured in a litigation of his client, from and after the time when he
shall have the caused a statement of his claim of such lien to be
entered upon the records of the court rendering such "udgment, or
issuing such e#ecution, and shall have the caused written notice
thereof to be delivered to his client and to the adverse paty1 and he
shall have the same right and power over such "udgments and
e#ecutions as his client would have to enforce his lien and secure
the payment of his "ust fees and disbursements.
62 61
R9LE 13'-A
La* St%dent Pra!ti!e R%le
Se!tion 17 Conditions for student practice1 A law student
who has successfully completed his 3rd year of the regular
four-year prescribed law curriculum and is enrolled in a
recogni8ed law schools clinical legal education program
approved by the <upreme +ourt, may appear without
compensation in any civil, criminal or administrative case
before any trial court, tribunal, board or officer, to represent
indigent clients accepted by the legal clinic of the law school.
Se!tion "7 $ppearance1 &he appearance of the law
student authori8ed by this rule, shall be under the direct
supervision and control of a member of the $ntegrated 5ar of
the 6hilippines duly accredited by the law school. Any and
all pleadings, motions, briefs, memoranda or other papers to
be filed, must be signed by the supervising attorney for and
in behalf of the legal clinic.
Se!tion 37 Privileged communications1 &he Rules
safeguarding privileged communications between attorney
and client shall apply to similar communications made to or
received by the law student, acting for the legal clinic.
Se!tion $7 Standards of conduct and supervision1 &he
law student shall comply with the standards of professional
conduct governing members of the 5ar. ;ailure of an
attorney to provide ade%uate supervision of student practice
may be a ground for disciplinary action. /+ircular 7o. 1-, dated
Aecember 1-, 1-,(0.
R9LE 139-A
0nte3rated Bar of te Pilippines
Se!tion 17 2rgani"ation. &here is hereby organi8ed an official
national body to be *nown as the B$ntegrated 5ar of the 6hilippines,B
composed of all persons whose names now appear or may
hereafter be included in the Roll of Attorneys of the <upreme +ourt.
Se!tion "7 Purposes. &he fundamental purposes of the
$ntegrated 5ar shall be to elevate the standards of the legal
profession, improve the administration of "ustice, and enable the 5ar
to discharge its public responsibility more effectively.
Se!tion 37 egions. &he 6hilippines is hereby divided into nine
Regions of the $ntegrated 5ar, to wit.
/a0 'orthern &u"on, consisting of the provinces of Abra,
5atanes, 5enguet, +agayan, $fugao, $locos 7orte, $locos <ur,
$sabela, Calinga-Apayao, ?a =nion, @ountain 6rovince,
7ueva Di8caya, and Euirino.
/b0 Central &u"on, consisting of the provinces of 5ataan,
5ulacan, 7ueva :ci"a, 6ampanga, 6angasinan, &arlac, and
Fambales1
/c0 0reater Manila, consisting of the +ity of @anila and
Eue8on +ity1
64 63
/d0 Southern &u"on, consisting of the provinces of
5atangas, +avite, ?aguna, @arindu%ue, 9ccidental
@indoro, 9riental @indoro, Eue8on, and Ri8al1
/e0 *icolandia, consisting of the provinces of Albay,
+amarines 7orte, +amarines <ur, +atanduanes,
@asbate, and <orsogon1
/f0 (astern 3isayas, consisting of the provinces of
5ohol, +ebu, :astern <amar, ?eyte, 7orthern <amar,
<amar, and <outhern ?eyte1
/g0 Western 3isayas, consisting of the provinces of
A*lan, Anti%ue, +api8, $loilo, 7egros 9ccidental,
7egros 9riental, 6alawan, Romblon, and <i%ui"or.
/h0 (astern Mindanao, consisting of the provinces of
Agusan del 7orte, Agusan Ael <ur, 5u*idnon,
+amiguin, Aavao del 7orte, Aavao del <ur, Aavao
9riental, @isamis 9riental, <urigao del 7orte, and
<urigao del <ur1 and
/i0 Western Mindanao, consisting of the cities of
5asilan and Famboanga, and the provinces of
+otabato, ?anao del 7orte, ?anao del <ur, @isamis
9ccidental, <outh +otabato, <ulu, Famboanga del
7orte, and Famboanga del <ur.
$n the event of the creation of any new province, the 5oard of
>overnors shall, with the approval of the <upreme +ourt, determine
the Region to which the said province shall belong.
Se!tion $7 Chapters. A +hapter of the $ntegrated 5ar shall be
organi8ed in every province. :#cept as hereinbelow provided, every
city shall be considered part of the province within which it is
geographically situated.
A separate +hapter shall be organi8ed in each of the following
political subdivisions or areas1
/a0 &he sub-province of Aurora1
/b0 :ach congressional district of the +ity of @anila1
/c0 Eue8on +ity1
/d0 +aloocan +ity, @alabon and 7avotas1
/e0 6asay +ity, @a*ati, @andaluyong and <an 2uan del
@onte1
/f0 +ebu +ity1 and
/g0 Famboanga +ity and 5asilan +ity.
=nless he otherwise registers his preference for a particular
+hapter, a lawyer shall be considered a member of the +hapter of
the province, city, political subdivision or area where his office, or, in
66
65
the absence thereof, his residence is located. $n no case
shall any lawyer be a member of more than one +hapter.
:ach +hapter shall have its own local government as
provided for by uniform rules to be prescribed by the 5oard
of >overnors and approved by the <upreme +ourt, the
provisions of <ection 1- of this Rule notwithstanding.
+hapters belonging to the same Region may hold regional
conventions on matters and problems of common concern.
Se!tion &7 4ouse of ,elegates. &he $ntegrated 5ar shall
have a 4ouse of Aelegates of not more than one hundred
twenty members who shall be apportioned among all the
+hapters as nearly as may be according to the number of
their respective members, but each +hapter shall have at
least one Aelegate. 9n or before Aecember 31, 1-)!, and
every four years thereafter, the 5oard of >overnors shall
ma*e an apportionment of Aelegates.
&he term of the office of Aelegate shall begin on the date of
the opening of the annual convention of the 4ouse and shall
end on the day immediately preceding the date of the
opening of the ne#t succeeding annual convention. 7o
person may be a Aelegate for more than two terms.
&he 4ouse shall hold an annual convention at the call of the
5oard of >overnors at any time during the month of April of
each year for the election of >overnor, the reading and
discussion of reports including the annual report of the
5oard of >overnors, the transaction of such other business
as may be referred to it by the 5oard, and the consideration of such
additional matters as may be re%uested in writing by at least twenty
Aelegates. <pecial conventions of the 4ouse may be called by the
5oard of >overnors to consider only such matters as the 5oard
shall indicate. A ma"ority of the Aelegates who have registered for a
convention, whether annual or special, shall constitute a %uorum to
do business.
Se!tion (7 *oard of 0overnors. &he $ntegrated 5ar shall be
governed by a 5oard of >overnors. 7ine >overnors shall be elected
by the 4ouse of Aelegates from the nine Regions on the
representation basis of one >overnor from each Region. :ach
>overnor shall be chosen from a list of nominees submitted by the
Aelegates from the Region, provided that not more than one
nominee shall come from any +hapter. &he 6resident and the
:#ecutive Dice 6resident, if chosen by the >overnors from outside
of themselves as provided in <ection ) of this Rule, shall ipso facto
become members of the 5oard.
&he members of the 5oard shall hold office for a term of one year
from the date of their election and until their successors shall have
been duly elected and %ualified. 7o person may be a >overnor for
more than two terms.
&he 5oard shall meet regularly once every three months, on such
date and such time and place as it shall designate. A ma"ority of all
the members of the 5oard shall constitute a %uorum to do business.
<pecial meetings may be called by the 6resident or by five
members of the 5oard.
67
<ub"ect to the approval of the <upreme +ourt, the 5oard
shall adopt 5y-?aws and promulgate +anons of 6rofessional
Responsibility for all members of the $ntegrated 5ar. &he 5y-
?aws and the +anons may be amended by the <upreme
+ourt motu propio or upon the recommendation of the 5oard
of >overnors.
&he 5oard shall prescribe such other rules and regulations
as may be necessary and proper to carry out the purposes
of the $ntegrated 5ar as well as the provisions of this Rule.
Se!tion ,7 2fficers. &he $ntegrated 5ar shall have a
6resident and an :#ecutive Dice 6resident who shall be
chosen by the >overnors immediately after the latters
election, either from among themselves or from other
members of the $ntegrated 5ar, by the vote of at least five
>overnors. :ach of the regional members of the 5oard shall
be e) officio Dice 6resident for the Region which he
represents.
&he 6resident and the :#ecutive Dice 6resident shall hold
office for a term of one year from the date of their election
and until their successors shall have duly %ualified. &he
:#ecutive Dice 6resident shall automatically become the
6resident for the ne#t succeeding full term. &he 6residency
shall rotate from year to year among all the nine Regions in
such order or rotation as the 5oard of >overnors shall
prescribe. 7o person shall be 6resident or :#ecutive Dice
6resident of the $ntegrated 5ar for more than one term.
&he $ntegrated 5ar shall have a <ecretary, a &reasurer, and such
other officers and employees as may be re%uired by the 5oard of
>overnors, to be appointed by the 6resident with the consent of the
5oard, and to hold office at the pleasure of the 5oard or for such
terms as it may fi#. <aid officers and employees need not be
members of the $ntegrated 5ar.
Se!tion '7 3acancies. $n the event the 6resident is absent or
unable to act, his duties shall be performed by the :#ecutive Dice
6resident1 and in the event of the death, resignation, or removal of
the 6resident, the :#ecutive Dice 6resident shall serve as Acting
6resident during the remainder of the term of the office thus
vacated. $n the event of the death, resignation, removal, or disability
of both the 6resident and the :#ecutive Dice 6resident, the 5oard of
>overnors shall elect an Acting 6resident to hold office until the ne#t
succeeding election or during the period of disability.
&he filling of vacancies in the 4ouse of Aelegates, 5oard of
>overnors, and all other positions of 9fficers of the $ntegrated 5ar
shall be as provided in the 5y-?aws. 'henever the term of an office
or position is for a fi#ed period, the person chosen to fill a vacancy
therein shall serve only for the une#pired term.
Se!tion 97 Membership dues. :very member of the $ntegrated
5ar shall pay such annual dues as the 5oard of >overnors shall
determine with the approval of the <upreme +ourt. A fi#ed sum
e%uivalent to ten percent /10G0 of the collection from each +hapter
shall be set aside as a 'elfare ;und for disabled members of the
+hapter and the compulsory heirs of deceased members thereof.
68
69
Se!tion 1#7 (ffect of non%payment of dues. <ub"ect to
the provisions of <ection 12 of this Rule, default in the
payment of annual dues for si# months shall warrant
suspension of membership in the $ntegrated 5ar, and default
in such payment for one year shall be a ground for the
removal of the name of the delin%uent member from the Roll
of Attorneys.
Se!tion 117 3oluntary termination of membership; re%
instatement. A member may terminate his membership by
filing a written notice to that effect with the <ecretary of the
$ntegrated 5ar, who shall immediately bring the matter to the
attention of the <upreme +ourt. ;orthwith he shall cease to
be a member and his name shall be stric*en by the +ourt
from the Roll of Attorneys. Reinstatement may be made by
the +ourt in accordance with rules and regulations
prescribed by the 5oard of >overnors and approved by the
+ourt.
Se!tion 1"7 0rievance procedures. &he 5oard of
>overnors shall provide in the 5y-?aws for grievance
procedures for the enforcement and maintenance of
discipline among all the members of the $ntegrated 5ar, but
no action involving the suspension or disbarment of a
member or the removal of his name from the Roll of
Attorneys shall be effective without the final approval of the
<upreme +ourt.
Se!tion 137 'on%political *ar. &he $ntegrated 5ar shall be
strictly non-political, and every activity tending to impair this
basic feature is strictly prohibited and shall be penali8ed
accordingly. 7o lawyer holding an elective, "udicial, %uasi-"udicial, or
prosecutory office in the >overnment or any political subdivision or
instrumentality thereof shall be eligible for election of appointment to
any position in the $ntegrated 5ar or any +hapter thereof shall be
considered ipso facto resigned from his position as of the moment
he files his certificate of candidacy for any elective public office or
accepts appointment to any "udicial, %uasi-"udicial, or prosecutory
office in the >overnment or any political subdivision or
instrumentality thereof.
Se!tion 1$7 Positions honorary. :#cept as may be specifically
authori8ed or allowed by the <upreme +ourt, no Aelegate or
>overnor and no national or local 9fficer or committee member
shall receive any compensation, allowance or emolument from the
funds of the $ntegrated 5ar for any service rendered therein or be
entitled to reimbursement for any e#pense incurred in the discharge
of his functions.
Se!tion 1&7 -iscal matters. &he 5oard of >overnors shall
administer the funds of the $ntegrated 5ar and shall have the power
to ma*e appropriations and disbursements therefrom. $t shall cause
proper 5oo*s of Accounts to be *ept and ;inancial <tatements to be
rendered and shall see to it that the proper audit is made of all
accounts of the $ntegrated 5ar and all the +hapters thereof.
Se!tion 1(7 5ournal. &he 5oard of >overnors shall cause to be
published a %uarterly 2ournal of the $ntegrated 5ar, free copies of
which shall be distributed to every member of the $ntegrated 5ar.
Se!tion 1,7 3oluntary *ar associations. All voluntary 5ar
associations now e#isting or which may hereafter be formed may
70
71
co-e#ist with the $ntegrated 5ar but shall not operate at
cross-purposes therewith.
Se!tion 1'7 $mendments. &his Rule may be amended by
the <upreme +ourt motu propio or upon the
recommendation of the 5oard of >overnors or any +hapter
of the $ntegrated 5ar.
Se!tion 197 2rgani"ational period. &he +ommission on
5ar $ntegration shall organi8e the local +hapters and toward
this end shall secure the assistance of the Aepartment of
2ustice and of all 2udges throughout the 6hilippines. All
+hapter organi8ational meetings shall be held on <aturday,
;ebruary 1), 1-)3. $n every case, the +ommission shall
cause proper notice of the date, time and place of the
meeting called to organi8e a +hapter shall constitute a
%uorum for the purpose, including the election of a
6resident, a Dice 6resident, a <ecretary, a &reasurer, and
five Airectors.
&he +ommission shall initially fi# the number of Aelegates
and apportion the same among all the +hapters as nearly as
may be in proportion to the number of their respective
members, but each +hapter shall have at least one
Aelegate. &he 6resident of each +hapter shall concurrently
be its Aelegate to the 4ouse of Aelegates. &he Dice
6resident shall be his alternate, e#cept where the +hapter is
entitled to have more than one Aelegate, in which case the
Dice 6resident shall also be a Aelegate.
&he 5oard of Airectors of the +hapter shall in proper cases elect
additional as well as alternate Aelegates.
&he 4ouse of Aelegates shall convene in the +ity of @anila on
<aturday, @arch 1), 1-)3 for the 6urpose of electing a 5oard of
>overnors. &he >overnors shall immediately assume office and
forthwith meet to elect the 9fficers of the $ntegrated 5ar. &he
9fficers so chosen shall immediately assume their respective
positions.
Se!tion "#7 (ffectivity. &his Rule shall ta*e effect on 2anuary 1(,
1-)3.
R9LE 139-B
/isbar-ent and /is!ipline of Attorneys
Se!tion 17 4ow Instituted. 6roceedings for the disbarment,
suspension, or discipline of attorneys may be ta*en by the <upreme
+ourt motu propio, or by the $ntegrated 5ar of the 6hilippines /$560
upon the verified complaint of any person. &he complaint shall state
clearly and concisely the facts complained of and shall be
supported by affidavits of persons having personal *nowledge of the
facts therein alleged andHor by such documents as may substantiate
said facts.
&he $56 5oard of >overnors may, motu propio or upon referral by
the <upreme +ourt or by a +hapter 5oard of 9fficers, or at the
instance of any person, initiate and prosecute proper charges
against erring attorneys including those in the government service.
72
73
<i# /(0 copies of the verified complaint shall be filed with the
<ecretary of the $56 or the <ecretary of any of its chapter
who shall forthwith transmit the same to the $56 5oard of
>overnors for assignment to an investigator.
A7 PROCEE/0N;S 0N T6E 0NTE;RATE/ BAR OF T6E
P60L0PP0NES
Se!tion "7 'ational 0rievance Investigators. &he 5oard
of >overnors shall appoint from among $56 members an
$nvestigator or, when special circumstances so warrant, a
panel of three /30 investigators to investigate the complaint.
All $nvestigators shall ta*e an oath of office in the form
prescribed by the 5oard of >overnors. A copy of the
$nvestigators appointment and oath shall be transmitted to
the <upreme +ourt.
An $nvestigator may be dis%ualified by reason of relationship
within the fourth degree of consanguinity of affinity to any of
the parties of their counsel, pecuniary interest, personal
bias, or his having acted as counsel to his acting as such
$nvestigator. 'here the $nvestigator does not dis%ualify
himself, a party may appeal to the $56 5oard of >overnors,
which by ma"ority vote of the members present, there being
a %uorum, may order his dis%ualification.
Any $nvestigator may also be removed for cause, after due
hearing, by the vote of at least si# /(0 members of the $56
5oard of >overnors. &he decision of the 5oard of >overnors
in all cases of dis%ualification or removal shall be final.
Se!tion 37 ,uties of the 'ational 0rievance Investigator. &he
7ational >rievance $nvestigators shall investigate all complaints
against members of the $ntegrated 5ar referred to them by the $56
5oard of >overnors.
Se!tion $7 Chapter assistance to complainant. &he proper $56
+hapter may assist the complainant/s0 in the preparation and filing
of his complaint/s0.
Se!tion &7 Service or dismissal. $f the complaint appears to be
meritorious, the $nvestigator shall direct that a copy thereof be
served upon the respondent, re%uiring him to answer the same
within fifteen /130 days from the date of service. $f the complaint
does not merit action, or if the answer shows to the satisfaction of
the $nvestigator that the complaint is not meritorious, the same may
be dismissed by the 5oard of >overnors upon his recommendation.
A copy of the resolution of dismissal shall be furnished the
complainant and the <upreme +ourt which may review the case
motu propio or upon timely appeal of the complainant filed within 13
days from notice of the dismissal of the complainant.
7o investigation shall be interrupted or terminated by reason of the
desistance, settlement, compromise, restitution, withdrawal of the
charges, or failure of the complainant to prosecute the same, unless
the Supreme Court motu propio or upon recommendation of the I*P
*oard of 0overnors+ determines that there is no compelling reason
to continue with the disbarment or suspension proceedings against
the respondent. /Amendment pursuant to <upreme +ourt
Resolution dated @ay 2), 1--3 re 5ar @atter 33(0.
74
75
Se!tion (7 3erification and service of answer. &he
answer shall be verified. &he original and five /30 legible
copies of the answer shall be filed with the $nvestigator, with
proof of service of a copy thereof on the complainant or his
counsel.
Se!tion ,7 $dministrative counsel. &he $56 5oard of
>overnors shall appoint a suitable member of the $ntegrated
5ar as counsel to assist the complainant of the respondent
during the investigation in case of need for such assistance.
Se!tion '7 Investigation. =pon "oinder of issues or upon
failure of the respondent to answer, the $nvestigator shall,
with deliberate speed, proceed with the investigation of the
case. 4e shall have the power to issue subpoenas and
administer oaths. &he respondent shall be given full
opportunity to defend himself, to present witnesses on his
behalf, and be heard by himself and counsel. 4owever, if
upon reasonable notice, the respondent fails to appear, the
investigation shall proceed e) parte.
&he $nvestigator shall terminate the investigation within three
/30 months from the date of its commencement, unless
e#tended for good cause by the 5oard of >overnors upon
prior application.
'illful failure or refusal to obey a subpoena or any other
lawful order issued by the $nvestigator shall be dealt with as
for indirect contempt of court. &he corresponding charge
shall be filed by the $nvestigator before the $56 5oard of
>overnors which shall re%uire the alleged contemnor to
show cause within ten /100 days from notice. &he $56 5oard of
>overnors may thereafter conduct hearings, if necessary, in
accordance with the procedure set forth in this Rule for hearings
before the $nvestigator. <uch hearing shall as far as practicable be
terminated within fifteen /130 days from its commencement.
&hereafter, the $56 5oard of >overnors shall within a li*e period of
fifteen /130 days issue a resolution setting forth its findings and
recommendations, which shall forthwith be transmitted to the
<upreme +ourt for final action and if warranted, the imposition of
penalty.
Se!tion 97 ,epositions. Aepositions may be ta*en in accordance
with the Rules of +ourt with leave of the investigator/s0.
'ithin the 6hilippines, depositions may be ta*en before any
member of the 5oard of >overnors, the 6resident of any +hapter, or
any officer authori8ed by law to administer oaths.
Aepositions may be ta*en outside the 6hilippines before diplomatic
or consular representative of the 6hilippine >overnment or before
any person agreed upon by the parties or designated by the 5oard
of >overnors.
Any suitable member of the $ntegrated 5ar in the place where a
deposition shall be ta*en may be designated by the $nvestigator to
assist the complainant or the respondent in ta*ing a deposition.
Se!tion 1#7 eport of Investigator. 7ot later than thirty /300 days
from the termination of the investigation, the $nvestigator shall
submit a report containing his findings of fact and recommendations
to the $56 5oard of >overnors, together with the stenographic notes
76
77
and the transcript thereof, and all the evidence presented
during the investigation. &he submission of the report need
not await the transcription of the stenographic notes, it being
sufficient that the report reproduce substantially from the
$nvestigators personal notes any relevant and pertinent
testimonies.
Se!tion 117 ,efects. 7o defect in a complaint, notice,
answer, or in the proceeding or the $nvestigators Report
shall be considered as substantial unless the 5oard of
>overnors, upon considering the whole record, finds that
such defect has resulted or may result in a miscarriage of
"ustice, in which event the 5oard shall ta*e such remedial
action as the circumstances may warrant, including
invalidation of the entire proceedings.
Se!tion 1"7 Review and decision by the 5oard of
>overnors.
a0 :very case heard by an investigator shall be
reviewed by the $56 5oard of >overnors upon the
record and evidence transmitted to it by the
$nvestigator with his report. &he decision of the 5oard
upon such review shall be in writing and shall clearly
and distinctly state the facts and the reasons on which
it is based. $t shall be promulgated within a period not
e#ceeding thirty /300 days from the ne#t meeting of
the 5oard following the submittal of the $nvestigators
Report.
b0 $f the 5oard, by the vote of a ma"ority of its total
membership, determines that the respondent should be
suspended from the practice of law or disbarred, it shall issue
a resolution setting forth its findings and recommendations
which, together with the whole record of the case, shall
forthwith be transmitted to the <upreme +ourt for final action.
c0 $f the respondent is e#onerated by the 5oard or the
disciplinary sanction imposed by it is less than suspension or
disbarment /such as admonition, reprimand, or fine0 it shall
issue a decision e#onerating respondent or imposing such
sanction. &he case shall be deemed terminated unless upon
petition of the complainant or other interested party filed with
the <upreme +ourt within fifteen /130 days from notice of the
5oards resolution, the <upreme +ourt orders otherwise.
d0 7otice of the resolution or decision of the 5oard shall be
given to all parties through their counsel. A copy of the same
shall be transmitted to the <upreme +ourt.
B7 PROCEE/0N;S 0N T6E S9PRE:E CO9RT
Se!tion 137 Supreme Court Investigation. $n proceedings
initiated motu propio by the <upreme +ourt or in other proceedings
when the interest of "ustice so re%uires, the <upreme +ourt may
refer the case for investigation to the <olicitor->eneral or to any
officer of the <upreme +ourt or "udge of a lower court, in which case
the investigation shall proceed in the same manner provided in
sections ( to 11 hereof, save that the review of the report of
investigation shall be conducted directly by the <upreme +ourt.
78
79
Se!tion 1$7 eport of the Solicitor 0eneral of other Court%
designated Investigator. 5ased upon the evidence
adduced at the investigation, the <olicitor >eneral or other
$nvestigator designated by the <upreme +ourt shall submit
to the <upreme +ourt a report containing his findings of fact
and recommendations for the final action of the <upreme
+ourt.
C7 CO::ON PRO=0S0ONS
Se!tion 1&7 Suspension of attorney by Supreme Court.
After receipt of respondents answer or lapse of the period
therefor, the <upreme +ourt, motu propio, or at the instance
of the $56 5oard of >overnors upon the recommendation of
the $nvestigator, may suspend an attorney from the practice
of his profession for any of the causes specified in Rule 13,,
<ection 2), during the pendency of the investigation until
such suspension is lifted by the <upreme +ourt.
Se!tion 1(7 Suspension of attorney by the Court of $ppeals
or a egional Trial Court. 1 &he +ourt of Appeals or
Regional &rial +ourt may suspend an attorney from practice
for any of the causes named in Rule 13,, <ection 2) ", until
further action of the <upreme +ourt in the case.
Se!tion 1,7 #pon suspension by Court of $ppeals or
egional Trial Court+ further proceedings in Supreme Court.
=pon such suspension, the +ourt of Appeals or a
Regional &rial +ourt shall forthwith transmit to the <upreme
+ourt a certified copy of the order of suspension and a full
statement of the facts upon which the same was based.
=pon receipt of such certified copy and statement, the <upreme
+ourt shall ma*e a full investigation of the case and may revo*e,
shorten or e#tend the suspension, or disbar the attorney as the
facts may warrant.
Se!tion 1'7 Confidentiality. 6roceedings against attorneys shall
be private and confidential. 4owever, the final order of the <upreme
+ourt shall be published li*e its decisions in other cases.
Se!tion 197 ()penses. All reasonable and necessary e#penses
incurred in relation to disciplinary and disbarment proceedings are
lawfull charges for which the parties may be ta#ed as costs.
Se!tion "#7 (ffectivity and Transitory Provision. &his Rule shall
ta*e effect 2une 1, 1-,, and shall supersede the present Rule 13-
entitled BA$<5AR@:7& 9R <=<6:7<$97 9; A&&9R7:I<B. All
cases pending investigation by the 9ffice of the <olicitor >eneral
shall be transferred to the $ntegrated 5ar of the 6hilippines 5oard of
>overnors for investigation and disposition as provided in this Rule
e#cept those cases where the investigation has been substantially
completed.
Footnotes
1 &his section and the following <ection 1) sepersede
<ection - of Rule 13-.
2 &he te#t of Rule 13,, <ection 2) reads. B<:+. 2). Attorneys
removed or suspended by the <upreme +ourt on what
grounds. A member of the bar may be removed or
suspended form his office as attorney by the <upreme +ourt
80
82
81
for any deceit, malpractice or other gross misconduct
in such office, grossly immoral conduct, or by reason
of his conviction of a crime involving moral turpitude,
or for any violation of the oath which he is re%uired to
ta*e before admission to practice, or for a willful
disobedience of any lawful order of a superior court,
or for corruptly or willfully appearing as an attorney for
a party to a case without authority so to do. &he
practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or
bro*ers, constitutes malpractice.
R9LE ,1
CONTE:PT

Se!tion 17 /ire!t !onte-pt p%nised s%--arily7

A person 3%ilty of -isbea@ior in te presen!e of or so
near a !o%rt as to obstr%!t or interr%pt te pro!eedin3s
before te sa-e4 in!l%din3 disrespe!t to*ard te !o%rt4
offensi@e personalities to*ard oters4 or ref%sal to be
s*orn or to ans*er as a *itness4 or to s%bs!ribe an
affida@it or deposition *en la*f%lly reD%ired to do so4
-ay be s%--arily adA%d3ed in !onte-pt by s%! !o%rt
and p%nised by a fine not eB!eedin3 t*o to%sand
pesos or i-prison-ent not eB!eedin3 ten 21#5 days4 or
bot4 if it be a Re3ional Trial Co%rt or a !o%rt of
eD%i@alent or i3er ranE4 or by a fine not eB!eedin3 t*o
%ndred pesos or i-prison-ent not eB!eedin3 one 215
day4 or bot4 if it be a lo*er !o%rt7
Se!7 "7 Re-edy terefro-7

Te person adA%d3ed in dire!t !onte-pt by any !o%rt -ay not
appeal terefro-4 b%t -ay a@ail i-self of te re-edies of
!ertiorari or proibition7 Te eBe!%tion of te A%d3-ent sall be
s%spended pendin3 resol%tion of s%! petition4 pro@ided s%!
person files a bond fiBed by te !o%rt *i! rendered te
A%d3-ent and !onditioned tat e *ill abide by and perfor- te
A%d3-ent so%ld te petition be de!ided a3ainst i-7
Se!7 37 0ndire!t !onte-pt to be p%nised after !ar3e and
earin37

After a !ar3e in *ritin3 as been filed4 and an opport%nity
3i@en to te respondent to !o--ent tereon *itin s%!
period as -ay be fiBed by te !o%rt and to be eard by i-self
or !o%nsel4 a person 3%ilty of any of te follo*in3 a!ts -ay be
p%nised for indire!t !onte-ptH
2a5 :isbea@ior of an offi!er of a !o%rt in te perfor-an!e of
is offi!ial d%ties or in is offi!ial transa!tionsF
2b5 /isobedien!e of or resistan!e to a la*f%l *rit4 pro!ess4
order4 or A%d3-ent of a !o%rt4 in!l%din3 te a!t of a person
*o4 after bein3 dispossessed or eAe!ted fro- any real
property by te A%d3-ent or pro!ess of any !o%rt of !o-petent
A%risdi!tion4 enters or atte-pts or ind%!es anoter to enter into
or %pon s%! real property4 for te p%rpose of eBe!%tin3 a!ts
of o*nersip or possession4 or in any -anner dist%rbs te
possession 3i@en to te person adA%d3ed to be entitled
teretoF
83
2!5 Any ab%se of or any %nla*f%l interferen!e *it te
pro!esses or pro!eedin3s of a !o%rt not !onstit%tin3
dire!t !onte-pt %nder se!tion 1 of tis R%leF
2d5 Any i-proper !ond%!t tendin34 dire!tly or indire!tly4
to i-pede4 obstr%!t4 or de3rade te ad-inistration of
A%sti!eF
2e5 Ass%-in3 to be an attorney or an offi!er of a !o%rt4
and a!tin3 as s%! *ito%t a%torityF
2f5 Fail%re to obey a s%bpoena d%ly ser@edF
235 Te res!%e4 or atte-pted res!%e4 of a person or
property in te !%stody of an offi!er by @irt%e of an
order or pro!ess of a !o%rt eld by i-7
B%t notin3 in tis se!tion sall be so !onstr%ed as to
pre@ent te !o%rt fro- iss%in3 pro!ess to brin3 te
respondent into !o%rt4 or fro- oldin3 i- in !%stody
pendin3 s%! pro!eedin3s7
Se!7 $7 6o* pro!eedin3s !o--en!ed7

Pro!eedin3s for indire!t !onte-pt -ay be initiated -ot%
proprio by te !o%rt a3ainst *i! te !onte-pt *as
!o--itted by an order or any oter for-al !ar3e
reD%irin3 te respondent to so* !a%se *y e so%ld
not be p%nised for !onte-pt7
0n all oter !ases4 !ar3es for indire!t !onte-pt sall be
!o--en!ed by a @erified petition *it s%pportin3 parti!%lars
and !ertified tr%e !opies of do!%-ents or papers in@ol@ed
terein4 and %pon f%ll !o-plian!e *it te reD%ire-ents for
filin3 initiatory pleadin3s for !i@il a!tions in te !o%rt
!on!erned7 0f te !onte-pt !ar3es arose o%t of or are related
to a prin!ipal a!tion pendin3 in te !o%rt4 te petition for
!onte-pt sall alle3e tat fa!t b%t said petition sall be
do!Eeted4 eard and de!ided separately4 %nless te !o%rt in its
dis!retion orders te !onsolidation of te !onte-pt !ar3e and
te prin!ipal a!tion for Aoint earin3 and de!ision7
Se!7 &7 8ere !ar3e to be filed7

8ere te !ar3e for indire!t !onte-pt as been !o--itted
a3ainst a Re3ional Trial Co%rt or a !o%rt of eD%i@alent or i3er
ranE4 or a3ainst an offi!er appointed by it4 te !ar3e -ay be
filed *it s%! !o%rt7 8ere s%! !onte-pt as been
!o--itted a3ainst a lo*er !o%rt4 te !ar3e -ay be filed *it
te Re3ional Trial Co%rt of te pla!e in *i! te lo*er !o%rt is
sittin3F b%t te pro!eedin3s -ay also be instit%ted in s%!
lo*er !o%rt s%bAe!t to appeal to te Re3ional Trial Co%rt of
s%! pla!e in te sa-e -anner as pro@ided in se!tion " of tis
R%le7
Se!7 (7 6earin3F release on bail7

0f te earin3 is not ordered to be ad fort*it4 te
respondent -ay be released fro- !%stody %pon filin3 a bond4
in an a-o%nt fiBed by te !o%rt4 for is appearan!e at te
earin3 of te !ar3e7 On te day set terefor4 te !o%rt sall
pro!eed to in@esti3ate te !ar3e and !onsider s%! !o--ent4
84
85
testi-ony or defense as te respondent -ay -aEe or
offer7
Se!7 ,7 P%nis-ent for indire!t !onte-pt7

0f te respondent is adA%d3ed 3%ilty of indire!t !onte-pt
!o--itted a3ainst a Re3ional Trial Co%rt or a !o%rt of
eD%i@alent or i3er ranE4 e -ay be p%nised by a fine
not eB!eedin3 tirty to%sand pesos or i-prison-ent
not eB!eedin3 siB 2(5 -onts4 or bot7 0f e is adA%d3ed
3%ilty of !onte-pt !o--itted a3ainst a lo*er !o%rt4 e
-ay be p%nised by a fine not eB!eedin3 fi@e to%sand
pesos or i-prison-ent not eB!eedin3 one 215 -ont4 or
bot7 0f te !onte-pt !onsists in te @iolation of a *rit
of inA%n!tion4 te-porary restrainin3 order or stat%s D%o
order4 e -ay also be ordered to -aEe !o-plete
restit%tion to te party inA%red by s%! @iolation of te
property in@ol@ed or s%! a-o%nt as -ay be alle3ed
and pro@ed7
Te *rit of eBe!%tion4 as in ordinary !i@il a!tions4 sall
iss%e for te enfor!e-ent of a A%d3-ent i-posin3 a fine
%nless te !o%rt oter*ise pro@ides7
Se!7 '7 0-prison-ent %ntil order obeyed7

8en te !onte-pt !onsists in te ref%sal or o-ission
to do an a!t *i! is yet in te po*er of te respondent
to perfor-4 e -ay be i-prisoned by order of te !o%rt
!on!erned %ntil e perfor-s it7
Se!7 97 Pro!eedin3 *en party released on bail fails to ans*er7

8en a respondent released on bail fails to appear on te day
fiBed for te earin34 te !o%rt -ay iss%e anoter order of
arrest or -ay order te bond for is appearan!e to be forfeited
and !onfis!ated4 or botF and4 if te bond be pro!eeded
a3ainst4 te -eas%re of da-a3es sall be te eBtent of te loss
or inA%ry s%stained by te a33rie@ed party by reason of te
-is!ond%!t for *i! te !onte-pt !ar3e *as prose!%ted4
*it te !osts of te pro!eedin3s4 and s%! re!o@ery sall be
for te benefit of te party inA%red7 0f tere is no a33rie@ed
party4 te bond sall be liable and disposed of as in !ri-inal
!ases7
Se!7 1#7 Co%rt -ay release respondent7

Te !o%rt *i! iss%ed te order i-prisonin3 a person for
!onte-pt -ay dis!ar3e i- fro- i-prison-ent *en it
appears tat p%bli! interest *ill not be preA%di!ed by is
release7
Se!7 117 Re@ie* of A%d3-ent or final orderF bond for stay7

Te A%d3-ent or final order of a !o%rt in a !ase of indire!t
!onte-pt -ay be appealed to te proper !o%rt as in !ri-inal
!ases7 B%t eBe!%tion of te A%d3-ent or final order sall not be
s%spended %ntil a bond is filed by te person adA%d3ed in
!onte-pt4 in an a-o%nt fiBed by te !o%rt fro- *i! te
appeal is taEen4 !onditioned tat if te appeal be de!ided
a3ainst i- e *ill abide by and perfor- te A%d3-ent or final
order7
Se!71"7 Conte-pt a3ainst D%asi-A%di!ial entities7

86
87
9nless oter*ise pro@ided by la*4 tis R%le sall apply
to !onte-pt !o--itted a3ainst persons4 entities4 bodies
or a3en!ies eBer!isin3 D%asi-A%di!ial f%n!tions4 or sall
a@e s%ppletory effe!t to s%! r%les as tey -ay a@e
adopted p%rs%ant to a%tority 3ranted to te- by la* to
p%nis for !onte-pt7 Te Re3ional Trial Co%rt of te
pla!e *erein te !onte-pt as been !o--itted sall
a@e A%risdi!tion o@er s%! !ar3es as -ay be filed
terefor7
A7:7 No7 #3-#&-#1-SC
Adoptin3 te Ne* Code of +%di!ial Cond%!t for te
Pilippine +%di!iary
S%pre-e Co%rt of te Pilippines

A7:7 No7 #3-#&-#1-SCH Adoptin3 te Ne* Code of
+%di!ial Cond%!t for te Pilippine +%di!iary7 :anilaH
S%pre-e Co%rt of te Pilippines4 "##$7
:J:+=&$D: <=@@ARI. &he 7ew +ode of 2udicial
+onduct for the 6hilippine 2udiciary is based on the 2002
5angalore Araft, as amended, which was intended to be the
=niversal Aeclaration of 2udicial <tandards applicable in all
"udiciaries. 6romulgated on April 2), 200!, it consists of si#
/(0 canons, each concerning a virtue desirable in the
"udiciary. independence, integrity, impartiality, propriety,
e%uality, and competence and diligence. :ach canon has
several sections that further discuss the virtue it embodies.
&he last part of the 7ew +ode contains a definition of terms
and further states that the 7ew +ode supersedes the +anons of
2udicial :thics and the +ode of 2udicial +onduct. 4owever, the
latter may still apply in a suppletory character in case of deficiency
or absence of provisions in the 7ew +ode.
Written by 5udette $1 5avier; (dited by 6ristina 5oy P1 Panogot

Written by 5udette $1 5avier; (dited by 6ristina 5oy P1 Panogot
A7:7 No7 #3-#&-#1-SC
A/OPT0N; T6E NE8 CO/E OF +9/0C0AL CON/9CT FOR T6E
P60L0PP0NE +9/0C0AR1

'4:R:A<, at the Round &able @eeting of +hief 2ustices held at
the 6eace 6alace, &he 4ague, on 23-2( 7ovember 2002, at which
the 6hilippine <upreme +ourt was represented by the +hief 2ustice
and Associate 2ustice Reynato <. 6uno, the 5angalore Araft of the
+ode of 2udicial +onduct adopted by the 2udicial >roup on
<trengthening 2udicial $ntegrity was deliberated upon and approved
after incorporating therein several amendments1

'4:R:A<, the 5angalore Araft, as amended, is intended to be the
=niversal Aeclaration of 2udicial <tandards applicable in all
"udiciaries1

'4:R:A<, the 5angalore Araft is founded upon a universal
recognition that a competent, independent and impartial "udiciary is
essential if the courts are to fulfill their role in upholding
constitutionalism and the rule of law1 that public confidence in the
"udicial system and in the moral authority and integrity of the
88
89
"udiciary is of utmost importance in a modern democratic
society1 and that it is essential that "udges, individually and
collectively, respect and honor "udicial office as a public trust
and strive to enhance and maintain confidence in the "udicial
system1

'4:R:A<, the adoption of the universal declaration of
standards for ethical conduct of "udges embodied in the
5angalore Araft as revised at the Round &able +onference
of +hief 2ustices at &he 4ague is imperative not only to
update and correlate the +ode of 2udicial +onduct and the
+anons of 2udicial :thics adopted for the 6hilippines, but
also to stress the 6hilippinesK solidarity with the universal
clamor for a universal code of "udicial ethics.

79', &4:R:;9R:, the +ourt hereby adopts this 7ew
+ode of 2udicial +onduct for the 6hilippine 2udiciary.

+A797 1
$7A:6:7A:7+:

2udicial independence is a pre-re%uisite to the rule of law
and a fundamental guarantee of a fair trial. A "udge shall
therefore uphold and e#emplify "udicial independence in
both its individual and institutional aspects.

<:+&$97 1. 2udges shall e#ercise the "udicial function
independently on the basis of their assessment of the facts
and in accordance with a conscientious understanding of the
law, free of any e#traneous influence, inducement, pressure,
threat or interference, direct or indirect, from any %uarter or for any
reason.

<:+. 2. $n performing "udicial duties, "udges shall be independent
from "udicial colleagues in respect of decisions which the "udge is
obliged to ma*e independently.

<:+. 3. 2udges shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another court or
administrative agency.

<:+. !. 2udges shall not allow family, social, or other relationships
to influence "udicial conduct or "udgment. &he prestige of "udicial
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 "udge.

<:+. 3. 2udges shall not only be free from inappropriate
connections with, and influence by, the e#ecutive and legislative
branches of government, but must also appear to be free therefrom
to a reasonable observer.

<:+. (. 2udges 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 ad"udicate.

<:+. ). 2udges shall encourage and uphold safeguards for the
discharge of "udicial duties in order to maintain and enhance the
institutional and operational independence of the "udiciary.

90 91
<:+. ,. 2udges shall e#hibit and promote high standards of
"udicial conduct in order to reinforce public confidence in the
"udiciary, which is fundamental to the maintenance of "udicial
independence.

+A797 2
$7&:>R$&I

$ntegrity is essential not only to the proper discharge of the
"udicial office but also to the personal demeanor of "udges.

<:+&$97 1. 2udges 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.

<:+. 2. &he behavior and conduct of "udges must reaffirm
the peopleKs faith in the integrity of the "udiciary. 2ustice must
not merely be done but must also be seen to be done.

<:+. 3. 2udges should ta*e or initiate appropriate
disciplinary measures against lawyers or court personnel for
unprofessional conduct of which the "udge may have
become aware.

+A797 3
$@6AR&$A?$&I

$mpartiality is essential to the proper discharge of the "udicial
office. $t applies not only to the decision itself but also to the
process by which the decision is made.

<:+&$97 1. 2udges shall perform their "udicial duties without favor,
bias or pre"udice.

<:+. 2. 2udges 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 "udge and of
the "udiciary.

<:+. 3. 2udges shall, so far as is reasonable, so conduct
themselves as to minimi8e the occasions on which it will be
necessary for them to be dis%ualified from hearing or deciding
cases.

<:+. !. 2udges shall not *nowingly, while a proceeding is before or
could come before them, ma*e any comment that might reasonably
be e#pected to affect the outcome of such proceeding or impair the
manifest fairness of the process. 7or shall "udges ma*e any
comment in public or otherwise that might affect the fair trial of any
person or issue.

<:+. 3. 2udges shall dis%ualify 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. <uch proceedings
include, but are not limited to, instances where
/a0 &he "udge has actual bias or pre"udice concerning a party or
personal *nowledge of disputed evidentiary facts concerning the
proceedings1
/b0 &he "udge previously served as a lawyer or was a material
witness in the matter in controversy1
92
94
93
/c0 &he "udge, or a member of his or her family, has an
economic interest in the outcome of the matter in
controversy1
/d0 &he "udge served as e#ecutor, administrator, guardian,
trustee or lawyer in the case or matter in controversy, or a
former associate of the "udge served as counsel during their
association, or the "udge or lawyer was a material witness
therein1
/e0 &he "udgeKs ruling in a lower court is the sub"ect of
review1
/f0 &he "udge is related by consanguinity or affinity to a party
litigant within the si#th civil degree or to counsel within the
fourth civil degree1 or
/g0 &he "udge *nows that his or her spouse or child has a
financial interest, as heir, legatee, creditor, fiduciary, or
otherwise, in the sub"ect matter in controversy or in a party
to the proceeding, or any other interest that could be
substantially affected by the outcome of the proceedings1

<:+. (. A "udge dis%ualified as stated above may, instead of
withdrawing from the proceeding, disclose on the records
the basis of dis%ualification. $f, based on such disclosure, the
parties and lawyers, independently of the "udgeKs
participation, all agree in writing that the reason for the
inhibition is immaterial or unsubstantial, the "udge may then
participate in the proceeding. &he agreement, signed by all
parties and lawyers, shall be incorporated in the record of
the proceedings.
+A797 !
6R96R$:&I

6ropriety and the appearance of propriety are essential to the
performance of all the activities of a "udge.

<:+&$97 1. 2udges shall avoid impropriety and the appearance of
impropriety in all of their activities.

<:+. 2. As a sub"ect of constant public scrutiny, "udges must accept
personal restrictions that might be viewed as burdensome by the
ordinary citi8en and should do so freely and willingly. $n particular,
"udges shall conduct themselves in a way that is consistent with the
dignity of the "udicial office.

<:+. 3. 2udges 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.

<:+. !. 2udges 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.

<:+. 3. 2udges 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.

<:+. (. 2udges, li*e any other citi8en, are entitled to freedom of
e#pression, belief, association and assembly, but in e#ercising such
rights, they shall always conduct themselves in such a manner as to
95
preserve the dignity of the "udicial office and the impartiality
and independence of the "udiciary.

<:+. ). 2udges shall inform themselves about their personal
fiduciary and financial interests and shall ma*e reasonable
efforts to be informed about the financial interests of
members of their family.

<:+. ,. 2udges shall not use or lend the prestige of the
"udicial 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 "udicial duties.

<:+. -. +onfidential information ac%uired by "udges in their
"udicial capacity shall not be used or disclosed for any other
purpose related to their "udicial duties.

<:+. 10. <ub"ect to the proper performance of "udicial
duties, "udges may
/a0 'rite, lecture, teach and participate in activities
concerning the law, the legal system, the administration of
"ustice or related matters1
/b0 Appear at a public hearing before an official body
concerned with matters relating to the law, the legal system,
the administration of "ustice or related matters1
/c0 :ngage in other activities if such activities do not detract
from the dignity of the "udicial office or otherwise interfere
with the performance of "udicial duties.
<:+. 11. 2udges shall not practice law whilst the holder of "udicial
office.

<:+. 12. 2udges may form or "oin associations of "udges or
participate in other organi8ations representing the interests of
"udges.

<:+. 13. 2udges and members of their families shall neither as* for,
nor accept, any gift, be%uest, 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 "udicial duties.

<:+. 1!. 2udges shall not *nowingly permit court staff or others
sub"ect to their influence, direction or authority, to as* for, or accept,
any gift, be%uest, loan or favor in relation to anything done or to be
done or omitted to be done in connection with their duties or
functions.

<:+. 13. <ub"ect to law and to any legal re%uirements of public
disclosure, "udges may receive a to*en 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 "udge in the performance of "udicial duties or
otherwise give rise to an appearance of partiality.

+A797 3
:E=A?$&I

:nsuring e%uality of treatment to all before the courts is essential to
the due performance of the "udicial office.
96 97

<:+&$97 1. 2udges shall be aware of, and understand,
diversity in society and differences arising from various
sources, including but not limited to race, color, se#, religion,
national origin, caste, disability, age, marital status, se#ual
orientation, social and economic status and other li*e
causes.

<:+. 2. 2udges shall not, in the performance of "udicial
duties, by words or conduct, manifest bias or pre"udice
towards any person or group on irrelevant grounds.

<:+. 3. 2udges shall carry out "udicial duties with
appropriate consideration for all persons, such as the
parties, witnesses, lawyers, court staff and "udicial
colleagues, without differentiation on any irrelevant ground,
immaterial to the proper performance of such duties.

<:+. !. 2udges shall not *nowingly permit court staff or
others sub"ect to his or her influence, direction or control to
differentiate between persons concerned, in a matter before
the "udge, on any irrelevant ground.

<:+. 3. 2udges shall re%uire lawyers in proceedings before
the court to refrain from manifesting, by words or conduct,
bias or pre"udice based on irrelevant grounds, e#cept such
as are legally relevant to an issue in proceedings and may
be the sub"ect of legitimate advocacy.

+A797 (
+9@6:&:7+: A7A A$?$>:7+:

+ompetence and diligence are prere%uisites to the due
performance of "udicial office.

<:+&$97 1. &he "udicial duties of a "udge ta*e precedence over all
other activities.

<:+. 2. 2udges shall devote their professional activity to "udicial
duties, which include not only the performance of "udicial functions
and responsibilities in court and the ma*ing of decisions, but also
other tas*s relevant to the "udicial office or the courtKs operations.

<:+. 3. 2udges shall ta*e reasonable steps to maintain and
enhance their *nowledge, s*ills and personal %ualities necessary for
the proper performance of "udicial duties, ta*ing advantage for this
purpose of the training and other facilities which should be made
available, under "udicial control, to "udges.

<:+. !. 2udges shall *eep themselves informed about relevant
developments of international law, including international
conventions and other instruments establishing human rights
norms.

<:+. 3. 2udges shall perform all "udicial duties, including the
delivery of reserved decisions, efficiently, fairly and with reasonable
promptness.

98 99
<:+. (. 2udges 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 "udge deals in an official capacity.
2udges shall re%uire similar conduct of legal representatives,
court staff and others sub"ect to their influence, direction or
control.

<:+. ). 2udges shall not engage in conduct incompatible
with the diligent discharge of "udicial duties.

A:;$7$&$97<

$n this +ode, unless the conte#t otherwise permits or
re%uires, the following meanings shall be attributed to the
words used.

L+ourt staffM includes the personal staff of the "udge
including law cler*s.

L2udgeM means any person e#ercising "udicial power,
however designated.

L2udgeKs familyM includes a "udgeKs spouse, son, daughter,
son-in-law, daughter-inlaw, and any other relative by
consanguinity or affinity within the si#th civil degree, or
person who is a companion or employee of the "udge and
who lives in the "udgeKs household.

&his +ode, which shall hereafter be referred to as the 7ew +ode of
2udicial +onduct for the 6hilippine 2udiciary, supersedes the
+anons of 2udicial :thics and the +ode of 2udicial +onduct
heretofore applied in the 6hilippines to the e#tent that the provisions
or concepts therein are embodied in this +ode. 6rovided, however,
that in case of deficiency or absence of specific provisions in this
7ew +ode, the +anons of 2udicial :thics and the +ode of 2udicial
+onduct shall be applicable in a suppletory character.

&his 7ew +ode of 2udicial +onduct for the 6hilippine 2udiciary shall
ta*e effect on the first day of 2une 200!, following its publication not
later than 13 @ay 200! in two newspapers of large circulation in the
6hilippines to ensure its widest publicity.


6romulgated this 2)th day of April 200!.


4$?AR$9 >. AAD$A:, 2R.
+hief 2ustice
R:I7A&9 <. 6=79
Associate 2ustice
29<: +. D$&=>
Associate 2ustice
AR&:@$9 D. 6A7>A7$5A7
Associate 2ustice
?:97ARA9 A. E=$<=@5$7>
Associate 2ustice
+97<=:?9 I7AR:<-<A7&$A>9
Associate 2ustice
100
101
A7>:?$7A <A7A9DA?->=&$:RR:F
Associate 2ustice
A7&97$9 &. +AR6$9
Associate 2ustice
@A. A?$+$A A=<&R$A-@AR&$7:F
Associate 2ustice
/on leave0 R:7A&9 +. +9R97A
Associate 2ustice
+97+4$&A +AR6$9-@9RA?:<
Associate 2ustice
R9@:9 2. +A??:29, <R.
Associate 2ustice
AA9?;9 <. AF+=7A
Associate 2ustice
AA7&: 9. &$7>A
Associate 2ustice
CO/E OF +9/0C0AL CON/9CT
PREA:BLE
An onorable !o-petent and independent A%di!iary
eBists to ad-inister A%sti!e and t%s pro-ote te %nity
of te !o%ntry4 te stability of 3o@ern-ent4 and te *ell-
bein3 of te people7
CANON 1
A +9/;E S6O9L/ 9P6OL/ T6E 0NTE;R0T1
AN/ 0N/EPEN/ENCE OF T6E +9/0C0AR1
R9LE 17#1 - A A%d3e so%ld be te e-bodi-ent of !o-peten!e4
inte3rity and independen!e7
R9LE 17#" - A A%d3e so%ld ad-inister A%sti!e i-partially and
*ito%t delay7
R9LE 17#37 - A A%d3e so%ld be @i3ilant a3ainst any atte-pt to
s%b@ert te independen!e of te A%di!iary and so%ld fort*it
resist any press%re fro- *ate@er so%r!e intended to infl%en!e
te perfor-an!e of offi!ial f%n!tions7
CANON "
A +9/;E S6O9L/ A=O0/ 0:PROPR0ET1
AN/ T6E APPEARANCE OF 0:PROPR0ET1
0N ALL ACT0=0T0ES
R9LE "7#1 - A A%d3e so%ld so bea@e at all ti-es as to
pro-ote p%bli! !onfiden!e in te inte3rity and i-partiality of
te A%di!iary7

R9LE "7#" - A A%d3e so%ld not seeE p%bli!ity for personal
@ain3lory7
R9LE "7#3 - A A%d3e sall not allo* fa-ily4 so!ial4 or oter
relationsips to infl%en!e A%di!ial !ond%!t or A%d3-ent7 Te
presti3e of A%di!ial offi!e sall not be %sed or lent to ad@an!e
te pri@ate interests of oters4 nor !on@ey or per-it oters to
102
103
!on@ey te i-pression tat tey are in a spe!ial
position to infl%en!e te A%d3e7
R9LE "7#$ - A A%d3e so%ld refrain fro- infl%en!in3 in
any -anner te o%t!o-e of liti3ation or disp%te pendin3
before anoter !o%rt or ad-inistrati@e a3en!y7
CANON 3
A +9/;E S6O9L/ PERFOR: OFF0C0AL
/9T0ES 6ONESTL14 AN/ 80T6 0:PART0AL0T1
AN/ /0L0;ENCE

A/+9/0CAT0=E RESPONS0B0L0T0ES

R9LE 37#1 - A A%d3e sall be faitf%l to te la* and
-aintain professional !o-peten!e7
R9LE 37#" - 0n e@ery !ase4 a A%d3e sall endea@or
dili3ently to as!ertain te fa!ts and te appli!able la*
%ns*ayed by partisan interests4 p%bli! opinion or fear
of !riti!is-7
R9LE 37#3 - A A%d3e sall -aintain order and proper de!or%-
in te !o%rt7
R9LE 37#$ - A A%d3e so%ld be patient4 attenti@e4 and !o%rteo%s
to la*yers4 espe!ially te ineBperien!ed4 to liti3ants4
*itnesses4 and oters appearin3 before te !o%rt7 A A%d3e
so%ld a@oid %n!ons!io%sly fallin3 into te attit%de of -ind
tat te liti3ants are -ade for te !o%rts4 instead of te !o%rts
for te liti3ants7
R9LE 37#& - A A%d3e sall dispose of te !o%rtGs b%siness
pro-ptly and de!ide !ases *itin te reD%ired periods7
R9LE 37#( - 8ile a A%d3e -ay4 to pro-ote A%sti!e4 pre@ent
*aste of ti-e or !lear %p so-e obs!%rity4 properly inter@ene in
te presentation of e@iden!e d%rin3 te trial4 it so%ld al*ays
be borne in -ind tat %nd%e interferen!e -ay pre@ent te
proper presentation of te !a%se or te as!ertain-ent of tr%t7
R9LE 37#, - A A%d3e so%ld abstain fro- -aEin3 p%bli!
!o--ents on any pendin3 or i-pendin3 !ase and so%ld
reD%ire si-ilar restraint on te part of !o%rt personnel7
A/:0N0STRAT0=E RESPONS0B0L0T0ES
R9LE 37#' - A A%d3e so%ld dili3ently dis!ar3e ad-inistrati@e
104
105
responsibilities4 -aintain professional !o-peten!e in
!o%rt -ana3e-ent4 and fa!ilitate te perfor-an!e of te
ad-inistrati@e f%n!tions or oter A%d3es and !o%rt
personnel7
R9LE 37#9 - A A%d3e so%ld or3aniCe and s%per@ise te
!o%rt personnel to ens%re te pro-pt and effi!ient
dispat! of b%siness4 and reD%ire at all ti-es te
obser@an!e of i3 standards of p%bli! ser@i!e and
fidelity7
R9LE 371# - A A%d3e so%ld taEe or initiate appropriate
dis!iplinary -eas%res a3ainst la*yers or !o%rt
personnel for %nprofessional !ond%!t of *i! te
A%d3e -ay a@e be!o-e a*are7
R9LE 3711 - A A%d3e so%ld appoint !o--issioners4
re!ei@ers4 tr%stees4 3%ardians4 ad-inistrators and
oters stri!tly on te basis of -erit and D%alifi!ations4
a@oidin3 nepotis- and fa@oritis-7 9nless oter*ise
allo*ed by la*4 te sa-e !riteria so%ld be obser@ed in
re!o--endin3 appoint-ent of !o%rt personnel7 8ere
te pay-ent of !o-pensation is allo*ed4 it so%ld be
reasonable and !o--ens%rate *it te fair @al%e of
ser@i!es rendered7
/0SJ9AL0F0CAT0ON
7
R9LE 371" - A A%d3e so%ld taEe no part in a pro!eedin3 *ere
te A%d3eGs i-partiality -i3t reasonably be D%estioned7 Tese
!ases in!l%de a-on3 oters4 pro!eedin3s *ereH
2a5 te A%d3e as personal Eno*led3e of disp%ted e@identiary
fa!ts !on!ernin3 te pro!eedin3F
2b5 te A%d3e ser@ed as eBe!%tor4 ad-inistrator4 3%ardian4
tr%stee or la*yer in te !ase or -atter in !ontro@ersy4 or a
for-er asso!iate of te A%d3e ser@ed as !o%nsel d%rin3 teir
asso!iation4 or te A%d3e or la*yer *as a -aterial *itness
tereinF
2!5 te A%d3eGs r%lin3 in a lo*er !o%rt is te s%bAe!t of re@ie*F
2d5 te A%d3e is related by !onsan3%inity or affinity to a party
liti3ant *itin te siBt de3ree or to !o%nsel *itin te fo%rt
de3reeF
2e5 te A%d3e Eno*s te A%d3eGs spo%se or !ild as a finan!ial
interest4 as eir4 le3atee4 !reditor4 fid%!iary4 or oter*ise4 in te
s%bAe!t -atter in !ontro@ersy or in a party to te pro!eedin34
or any oter interest tat !o%ld be s%bstantially affe!ted by te
o%t!o-e of te pro!eedin37
0n e@ery instan!e4 te A%d3e sall indi!ate te le3al reason for
inibition7
RE:0TTAL OF /0SJ9AL0F0CAT0ON
106 107
R9LE 3713 - A A%d3e disD%alified by te ter-s of r%le
371" -ay4 instead of *itdra*in3 fro- te pro!eedin34
dis!lose on te re!ord te basis of disD%alifi!ation7 0f4
bases on s%! dis!los%re4 te parties and la*yers
independently of A%d3eGs parti!ipation4 all a3ree in
*ritin3 tat te reason for te inibition is i--aterial or
ins%bstantial4 te A%d3e -ay ten parti!ipate in te
pro!eedin37 Te a3ree-ent4 si3ned by all parties and
la*yers4 sall be in!orporated in te re!ord of te
pro!eedin37
CANON &
A +9/;E S6O9L/ RE;9LATE E?TRA-+9/0C0AL
ACT0=0T0ES TO :0N0:0>E T6E R0S<
OF CONFL0CT 80T6 +9/0C0AL /9T0ES
A/=OCAT0ONAL4 C0=0C AN/ C6AR0TABLE ACT0=0T0ES
R9LE &7#1 - A A%d3e -ay en3a3e in te follo*in3
a!ti@ities pro@ided tat tey do not interfere *it te
perfor-an!e of A%di!ial d%ties or detra!t fro- te
di3nity of te !o%rtH
2a5 *rite4 tea! and speaE on non-le3al s%bAe!tsF
2b5 en3a3e in te arts4 sports4 and oter spe!ial
re!reational a!ti@itiesF
2!5 parti!ipate in !i@i! and !aritable a!ti@itiesF
2d5 ser@e as an offi!er4 dire!tor4 tr%stee4 or non-le3al ad@isor of
a non-profit or non-politi!al ed%!ational4 reli3io%s4 !aritable4
fraternal4 or !i@i! or3aniCation7
F0NANC0AL ACT0=0T0ES
R9LE &7#" - A A%d3e sall refrain fro- finan!ial and b%siness
dealin3 tat tend to refle!t ad@ersely on te !o%rtGs i-partiality4
interfere *it te proper perfor-an!e of A%di!ial a!ti@ities or
in!rease in@ol@e-ent *it la*yers or persons liEely to !o-e
before te !o%rt7 A A%d3e so%ld so -ana3e in@est-ents and
oter finan!ial interests as to -ini-iCe te n%-ber of !ases
3i@in3 3ro%nds for disD%alifi!ations7
R9LE &7#3 - S%bAe!t to te pro@isions of te pro!eedin3 r%le4 a
A%d3e -ay old and -ana3e in@est-ents b%t so%ld not ser@e
as offi!er4 dire!tor4 -ana3er or ad@isor4 or e-ployee of any
b%siness eB!ept as dire!tor of a fa-ily b%siness of te A%d3e7
R9LE &7#$ - A A%d3e or any i--ediate -e-ber of te fa-ily
sall not a!!ept a 3ift4 beD%est4 fa!tor or loan fro- any one
eB!ept as -ay be allo*ed by la*7
R9LE &7#& - No infor-ation a!D%ired in a A%di!ial !apa!ity sall
be s%ed or dis!losed by a A%d3e in any finan!ial dealin3 or for
any oter p%rpose not related to A%di!ial a!ti@ities7
F0/9C0AR1 ACT0=0T0ES
108
109
R9LE &7#( - A A%d3e so%ld not ser@e as te eBe!%tor4
ad-inistrator4 tr%stee4 3%ardian4 or oter fid%!iary4
eB!ept for te estate4 tr%sts4 or person of a -e-ber of
te i--ediate fa-ily4 and ten only if s%! ser@i!e *ill
not interfere *it te proper perfor-an!e of A%di!ial
d%ties7 I:e-ber of i--ediate fa-ilyI sall be li-ited to
te spo%se and relati@es *itin te se!ond de3ree of
!onsan3%inity7 As a fa-ily4 a A%d3e sall notH
2a5 ser@e in pro!eedin3s tat -i3t !o-e before te
!o%rt of said A%d3eF or
2b5 a!t as s%! !ontrary to r%les &7#" to &7#&7
PRACT0CE OF LA8 AN/ OT6ER PROFESS0ON
R9LE &7#, - A A%d3e sall not en3a3e in te pri@ate
pra!ti!e of la*7 9nless proibited by te Constit%tion or
la*4 a A%d3e -ay en3a3e in te pra!ti!e of any oter
profession pro@ided tat s%! pra!ti!e *ill not !onfli!t
or tend to !onfli!t *it A%di!ial f%n!tions7
F0NANC0AL /0SCLOS9RE
R9LE &7#' - A A%d3e sall -aEe f%ll finan!ial dis!los%re
as reD%ired by la*7
R9LE &7#9 - A A%d3e sall not a!!ept appoint-ent or
desi3nation to any a3en!y perfor-in3 D%asi-A%di!ial or
ad-inistrati@e f%n!tions7
POL0T0CAL ACT0=0T0ES
R9LE &71# - A A%d3e is entitled to entertain personal @ie*s on
politi!al D%estions7 B%t to a@oid s%spi!ion of politi!al
partisansip4 a A%d3e sall not -aEe politi!al spee!es4
!ontrib%te to party f%nds4 p%bli!ly endorse !andidates for
politi!al offi!e or parti!ipate in oter partisan politi!al
a!ti@ities7
7
CO:PL0ANCE 80T6 T6E CO/E OF +9/0C0AL CON/9CT
All A%d3es sall stri!tly !o-ply *it tis Code7
/ATE OF EFFECT0=0T1
This Code, promulgated on 5 September 1989, shall take effect
on 20 October 1989
CANONS OF +9/0C0AL ET60CS
KAd-inistrati@e Order No7 1(" dated A%3%st 14 19$( of te
/epart-ent of +%sti!e7L

0n te interest of te ad-inistration of A%sti!e4 te follo*in3
Canons of +%di!ial Eti!s4 proposed by te Pilippine Bar
Asso!iation and appro@ed by te A%d3es of First 0nstan!e of
:anila re ereby adopted for te 3%idan!e of and obser@an!e
by te A%d3es %nder te ad-inistrati@e s%per@ision of te
/epart-ent of +%sti!e 2no* of te S%pre-e Co%rt54 in!l%din3
-%ni!ipal A%d3es and !ity A%d3esH
110 111
17 Relations of te A%di!iary
Te ass%-ption of te offi!e of A%d3e !asts %pon te
in!%-bent d%ties in respe!t to is personal !ond%!t
*i! !on!ern is relation to te State and its
inabitants4 te liti3ants before i-4 te prin!iples of
la*4 te pra!titioners of la* in is !o%rt4 and te
*itnesses and attendants *o aid i- in te
ad-inistration of its f%n!tions7
"7 Te p%bli! interest
Te !o%rts eBist to pro-ote A%sti!eF and t%s to aid in
se!%rin3 te !ontent-ent and appiness of te people7
Teir ad-inistration so%ld be speedy and !aref%l7
E@ery A%d3e so%ld at all ti-es be alert in is r%lin3s
and in te !ond%!t of te b%siness of is !o%rt4 so far
as e !an4 to -aEe it %sef%l to liti3ants and to te
!o--%nity7 6e so%ld a@oid %n!ons!io%sly failin3 into
te attit%de of -ind tat te liti3ants are -ade for te
!o%rts instead of te !o%rts for te liti3ants7
37 A@oidan!e of appearan!e of i-propriety
A A%d3eGs offi!ial !ond%!t so%ld be free fro- te
appearan!e of i-propriety4 and is personal bea@ior4
not only %pon te ben! and in te perfor-an!e of
A%di!ial d%ties4 b%t also in is e@ery day life4 so%ld be
beyond reproa!7
$7 Essential !ond%!t
6e so%ld be te-perate4 patient4 attenti@e4 i-partial4 and4 sin!e
e is to ad-inister te la* and apply it to te fa!ts4 e so%ld
be st%dio%s of te prin!iples of te la*4 dili3ent in endea@orin3
to as!ertain te fa!ts7
&7 0nd%stry
6e so%ld eBibit an ind%stry and appli!ation !o--ens%rate
*it te d%ties i-posed %pon i-7
(7 Pro-ptness
6e so%ld be pro-pt in disposin3 of all -atters s%b-itted to
i-4 re-e-berin3 tat A%sti!e delayed is often A%sti!e denied7
,7 P%n!t%ality
6e so%ld be p%n!t%al in te perfor-an!e of is A%di!ial d%ties4
re!o3niCin3 tat te ti-e of liti3ants4 *itnesses4 and attorneys
is of @al%e and tat if te A%d3e is %np%n!t%al in is abits e
sets a bad eBa-ple to te bar and tends to !reate
dissatisfa!tion *it te ad-inistration of A%sti!e7
'7 Co%rt or3aniCation
6e so%ld or3aniCe is !o%rt *it a @ie* to pro-pt and
!on@enient dispat! of its b%siness and e so%ld not tolerate
ab%ses and ne3le!t by !lerEs4 seriffs4 and oter assistants
*o are so-eti-es prone to pres%-e too -%! %pon is
3ood-nat%red a!D%ies!en!e by reason of friendly asso!iation
*it i-7
112
113
97 Consideration for *itnesses and oters
6e so%ld be !onsiderate of *itnesses and oters in
attendan!e %pon is !o%rt7
1#7 Co%rtesy and !i@ility
+%d3es so%ld be !o%rteo%s to !o%nsel4 espe!ially to
tose *o are yo%n3 and ineBperien!ed4 and also to all
oters !on!erned in te ad-inistration of A%sti!e in teir
!o%rts7
Tey so%ld also reD%ire4 and4 as far as teir po*er
eBtends4 enfor!e on te part of !lerEs4 !o%rt offi!ers and
!o%nsel !i@ility and !o%rtesy to *itnesses4 liti3ants and
oters a@in3 b%siness *it te !o%rt7
117 Appoint-ents of te A%di!iary and teir
!o-pensation
Tr%stees4 re!ei@ers4 -asters4 referees4 3%ardians4 and
ad-inistrators appointed by a A%d3e to aid in te
ad-inistration of A%sti!e %nder is s%per@ision so%ld
a@e te stri!test probity and i-partiality and so%ld be
sele!ted *it a @ie* solely to teir !ara!ter and
!o-peten!y7 Patrona3e of a A%d3e is !onferred by i-
for no personal or partisan ad@anta3e7 A A%d3e so%ld
not per-it is appoint-ents to be !ontrolled by oters
tan i-self4 and e so%ld a@oid te allo*an!e of
eB!essi@e !o-pensation to te appointees7 6e so%ld
also a@oid nepotis- in is appoint-ents7
1"7 <insip or infl%en!e of parties and !o%nsel
A A%d3e so%ld not4 %nless it is %na@oidable4 sit in liti3ation
*ere a near relati@e is a party or of !o%nselF and e so%ld
not s%ffer is !ond%!t to !reate te i-pression tat any person
!an %nd%ly infl%en!e i- or enAoy is fa@or4 or tat e is
affe!ted by te ranE4 position4 or infl%en!e of any party7
137 0ndependen!e
A A%d3e so%ld not be s*ayed by p%bli! !lai- or
!onsiderations of personal pop%larity7
1$7 0nterferen!e to !ond%!t of trial
8ile a A%d3e -ay properly inter@ene in a trial of a !ase to
pro-ote eBpedition and pre@ent %nne!essary *aste of ti-e4 or
to !lear %p so-e obs!%rity4 ne@erteless4 e so%ld bear in
-ind tat is %nd%e interferen!e4 i-patien!e4 or parti!ipation
in te eBa-ination of *itnesses4 or a se@ere attit%de on is part
to*ard *itnesses4 espe!ially tose *o are eB!ited or terrified
by te %n%s%al !ir!%-stan!es of trial4 -ay tend to pre@ent te
proper presentation of te !a%se4 or te as!ertain-ent of te
tr%t in respe!t tereto7
Con@ersation bet*een te A%d3e and !o%nsel in !o%rt is often
ne!essary4 b%t te A%d3e so%ld be st%dio%s to a@oid
!ontro@ersies *i! are apt to obs!%re te -erits of te
disp%te bet*een liti3ants and lead to its %nA%st disposition7 0n
addressin3 !o%nsel4 liti3ants4 or *itnesses4 e so%ld a@oid a
!ontro@ersial tone7
114
115
6e so%ld a@oid interr%ptions of !o%nsel in teir
ar3%-ents eB!ept to !larify is -ind as to teir
positions4 and e so%ld not be te-pted to an
%nne!essary display of learnin3 or a pre-at%re
A%d3-ent7
1&7 EB parte appli!ations
+%d3es so%ld dis!o%ra3e eB parte earin3 of
appli!ations for inA%n!tions and re!ei@ersip *ere te
order -ay *orE detri-ent to absent partiesF tey so%ld
a!t %pon eB parte appli!ations only *ere te ne!essity
for D%i!E a!tion is !learly so*nF if tis be
de-onstrated4 ten te A%d3e so%ld endea@or to
!o%nter a!t te effe!t of te absen!e of opposin3
!o%nsel by a s!r%p%lo%s !ross-eBa-ination and
in@esti3ation as to te fa!ts and te prin!iples of la*
%pon *i! te appli!ation is based4 3rantin3 relief only
*en f%lly satisfied tat te la* per-its it and te
e-er3en!y de-ands it7 Te A%d3e so%ld re-e-ber
tat an inA%n!tion is a li-itation %pon te freedo- of
a!tion of defendants and so%ld not be 3ranted li3tly
or inad@isedly7 one applyin3 for s%! relief -%st s%stain
te b%rden of so*in3 !learly its ne!essity and tis
b%rden is in!reased in te absen!e of te party *ose
freedo- of a!tion is to be restrained e@en to%3 only
te-porarily7
1(7 Contin%an!es
/elay in te ad-inistration of A%sti!e is a !o--on !a%se of
!o-plaintF !o%nsel are freD%ently responsible for tis delay7
+%d3es4 *ito%t bein3 arbitrary or for!in3 !ases %nreasonably
or %nA%stly to trial *en %nprepared4 to te detri-ent of
parties4 -ay *ell endea@or to old !o%nsel to a proper
appre!iation of teir d%ties to te p%bli! to teir o*n !lients4
and to te ad@erse party and is !o%nsel4 so as to enfor!e d%e
dili3en!e in te dispat! of b%siness before te !o%rt7
1,7 +%di!ial opinions
0n disposin3 of !ontro@erted !ases4 A%d3es so%ld indi!ate te
reasons for teir a!tion in opinions so*in3 tat tey a@e not
disre3arded or o@erlooEed serio%s ar3%-ents of !o%nsel7 Tey
so%ld so* teir f%ll %nderstandin3 of te !ase4 a@oid te
s%spi!ion of arbitrary !on!l%sion4 pro-ote !onfiden!e in teir
intelle!t%al inte3rity and !ontrib%te %sef%l pre!edents to te
3ro*t of te la*7
B%t te @ol%-e of reported de!isions is s%! and is e@er so
in!reasin3 tat in *ritin3 opinions *i! are to be p%blised4
A%d3es -ay *ell taEe tis fa!t into !onsideration4 and !%rtail
te- a!!ordin3ly4 *ito%t s%bstantially departin3 fro- te
prin!iples stated abo@e7 0t is of i3 i-portan!e tat A%d3es
!onstit%tin3 a !o%rt of last resort so%ld %se effort and self-
restraint to pro-ote solidarity of !on!l%sion and te
!onseD%ent infl%en!e of A%di!ial de!ision7 A A%d3e so%ld not
yield to pride of opinion or @al%e -ore i3ly is indi@id%al
rep%tation tan tat of te !o%rt to *i! e so%ld be loyal7
Terefore4 eB!ept in !ase of !ons!ientio%s differen!e of
116
117
opinion on f%nda-ental prin!iple4 dissents so%ld be
dis!o%ra3ed7
1'7 0nfl%en!e of de!isions %pon te de@elop-ent of te
la*
A +%d3e so%ld be -indf%l tat is d%ty is te
appli!ation of 3eneral la* to parti!%lar instan!e4 tat
o%rs is a 3o@ern-ent of la*s and not of -en4 and tat
e @iolates is d%ty as a -inister of A%sti!e %nder s%! a
syste- if e seeEs to do *at e -ay personally
!onsider s%bstantial A%sti!e in a parti!%lar !ase and
disre3ards te 3eneral la* as e Eno*s it to be bindin3
on i-7 S%! a!tion -ay a@e detri-ental
!onseD%en!es beyond te i--ediate !ontro@ersy7 6e
so%ld ad-inister is offi!e *it a d%e re3ard to te
inte3rity of te syste- of te la* itself4 re-e-berin3
tat e is not a depository of arbitrary po*er4 b%t a
A%d3e %nder te san!tion of la*7
197 0diosyn!rasies and in!onsisten!e
+%sti!e so%ld not be bo%nded by te indi@id%al
idiosyn!rasies of tose *o ad-inister it7 A A%d3e
so%ld adopt te %s%al and eBpe!ted -etod of doin3
A%sti!e4 and not seeE to be eBtre-e or pe!%liar in is
A%d3-ent4 or spe!ta!%lar or sensational in te !ond%!t
of is !o%rt7 To%3 @ested *it dis!retion in te
i-position of -ild or se@ere senten!e4 e so%ld not
!o-pel persons !on@i!ted or a!!%sed to s%b-it to
so-e %-iliatin3 a!t or dis!ipline of is o*n de@isin34
*ito%t a%tority of la*4 be!a%se e tinEs it *ill a@e a
benefi!ial !orre!ti@e infl%en!e7
+%d3es i-posin3 senten!e so%ld endea@or to !onfor- to a
reasonable standard of p%nis-ent and so%ld not seeE
pop%larity eiter by eB!eptional se@erity or %nd%e lenien!y7
"#7 Re@ie*
0n order tat a liti3ant -ay se!%re te f%ll benefit of te ri3t of
re@ie* a!!orded to i- by la*4 a trial A%d3e so%ld
s!r%p%lo%sly 3rant to te defeated party opport%nity to present
te sit%ation arisin3 %pon te trial eBa!tly as it arose4 *as
presented4 and de!ided by f%ll and fair bill of eB!eptions or
oter*iseF and fail%re in tis re3ard on te part of te A%d3e is
pe!%liarly *orty of !onde-nation be!a%se te *ron3 done is
re-ediable7
"17 Le3islation
+%d3es a@e eB!eptional opport%nity to obser@e te operation
of stat%tes4 espe!ially tose relatin3 to pra!ti!e4 and to
as!ertain *eter tey tend to i-pede te A%st disposition of
!ontro@ersiesF and tey -ay *ell !ontrib%te to te p%bli!
interest by ad@isin3 tose a@in3 a%tority to re-edy defe!ts
of pro!ed%re of te res%lt of teir obser@ation and eBperien!e7
""7 0nfra!tions of la*
118
119
Te A%d3e so%ld be st%dio%sly !aref%l i-self to a@oid
e@en te sli3test infra!tion of te la*4 lest it be a
de-oraliCin3 eBa-ple to oters7
"37 0n!onsistent obli3ations
A A%d3e so%ld not a!!ept in!onsistent d%tiesF nor in!%r
obli3ations4 pe!%niary or oter*ise4 *i! *ill in any
*ay interfere *it is de@otion to te eBpeditio%s and
proper ad-inistration of is offi!ial f%n!tions7
"$7 B%siness pro-otions and soli!itations for !arity7
6e so%ld a@oid 3i@in3 3ro%nd for any reasonable
s%spi!ion tat in %tiliCin3 te po*er or presti3e of is
offi!e to pers%ade or !oer!e oters to patroniCe or
!ontrib%te4 eiter to te s%!!ess of pri@ate b%siness
@ent%res4 or to !aritable enterprises7 6e so%ld4
terefore4 not enter into s%! pri@ate b%siness4 or
p%rs%e s%! a !o%rse of !ond%!t4 as *o%ld A%stify s%!
s%spi!ion4 nor %se te po*er of is offi!e or te
infl%en!e of is na-e to pro-ote te b%siness interest
of otersF e so%ld not soli!it for !arities4 nor so%ld
e enter into any b%siness relation *i!4 in te nor-al
!o%rse of e@ents reasonably to be eBpe!ted4 -i3t brin3
is personal interests into !onfli!t *it te i-partial
perfor-an!e of is offi!ial d%ties7
"&7 Personal in@est-ents and relations
A +%d3e so%ld abstain fro- -aEin3 personal in@est-ents in
enterprises *i! are apt to be in@ol@ed in liti3ation in is
!o%rtF and4 after a!!ession to te ben!4 e so%ld not retain
s%! in@est-ents pre@io%sly -ade4 lon3er tan a period
s%ffi!ient to enable i- to dispose of te- *ito%t serio%s
loss7 0t is desirable tat e so%ld4 so far as reasonably
possible4 refrain fro- all relations *i! *o%ld nor-ally tend
to aro%se te s%spi!ion tat s%! relations *arp or bias is
A%d3-ent4 or pre@ent is i-partial attit%de of -ind in te
ad-inistration of is A%di!ial d%ties7
0t is i3ly i-proper for a A%d3e to %tiliCe infor-ation !o-in3 to
i- in a A%ridi!al !apa!ity for p%rposes of spe!%lation and it
detra!ts fro- te p%bli! !onfiden!e in is inte3rity and te
so%ndness of A%di!ial A%d3-ent for i- at any ti-e to be!o-e
a spe!%lati@e in@estor %pon te aCard of a -ar3in7
"(7 EBe!%torsips and tr%steesips
8ile A%d3es are not disD%alified fro- oldin3 eBe!%torsips
or tr%steesips4 tey so%ld not a!!ept or !ontin%e to old any
fid%!iary or oter position if te oldin3 of it *o%ld interfere or
see- to interfere *it te proper perfor-an!e of teir A%di!ial
d%ties4 or if te b%siness interests of tose represented reD%ire
in@est-ents in enterprises tat are apt to !o-e before te
!o%rt4 or to be in@ol@ed in D%estions of la* to be deter-ined by
it7
",7 Partisan politi!s
120 121
8ile entitled to entertain is personal @ie* on politi!al
D%estions4 and *ile not reD%ired to s%rrender is
ri3ts or opinions as a !itiCen4 it is ine@itable tat
s%spi!ion of bein3 *arped by politi!al bias *ill atta! to
a A%d3e *o be!o-es te a!ti@e pro-oter of te
interests of one politi!al party a3ainst anoter7
A +%d3e so%ld a@oid -aEin3 politi!al spee!es4
!ontrib%tions to party f%nds4 te p%bli! endorse-ent of
!andidates for politi!al offi!e4 or parti!ipatin3 in party
!on@entions7
"'7 Self-interest
6e so%ld abstain fro- parti!ipatin3 in any A%di!ial a!t
in *i! is personal interests are in@ol@ed7 0f e as
personal liti3ation in te !o%rt of *i! e is A%d3e4 e
need not resi3n is A%d3esip on tat a!!o%nt4 b%t e
so%ld4 of !o%rse4 refrain fro- any A%di!ial a!t in s%! a
!ontro@ersy7
"97 ;ifts and fa@ors
6e so%ld not a!!ept any presents or fa@ors fro-
liti3ants or fro- la*yers pra!ti!in3 before i-7
3#7 So!ial relations
0t is not ne!essary to te proper perfor-an!e of A%di!ial
d%ty tat A%d3es so%ld li@e in retire-ent or se!l%sionF
it is desirable tat4 so far as te reasonable attention to
te !o-pletion of teir *orE *ill per-it4 tey !ontin%e to
-in3le in so!ial inter!o%rse4 and tat tey so%ld not
dis!ontin%e teir interests in or appearan!e at -eetin3s of
-e-bers of te bar7 A A%d3e so%ld4 o*e@er4 in pendin3 or
prospe!ti@e liti3ation before i- be s!r%p%lo%sly !aref%l to
a@oid s%! a!tion as -ay reasonably tend to *aEen te
s%spi!ion tat is so!ial or b%siness relations or friendsips
!onstit%te an ele-ent in deter-inin3 is A%di!ial !o%rse7
317 A s%--ary of A%di!ial obli3ations
A A%d3eGs !ond%!t so%ld be abo@e reproa! and in te
dis!ar3e of is A%di!ial d%ties e so%ld be !ons!ientio%s4
st%dio%s4 toro%34 !o%rteo%s4 patient4 p%n!t%al4 A%st4
i-partial4 fearless of p%bli! !la-or4 and re3ardless of pri@ate
infl%en!e so%ld ad-inister A%sti!e a!!ordin3 to la* and
so%ld deal *it te patrona3e of te position as a p%bli! tr%stF
and e so%ld not allo* o%tside -atters or is pri@ate interests
to interfere *it te pro-pt and proper perfor-an!e of is
offi!e7
R9LE 13,
/isD%alifi!ation of +%di!ial Offi!ers
Se!tion 17 ,is!ualification of judges. 7o "udge or "udicial officer
shall sit in any case in which he, or his wife or child, is pecuniarily
interested as heir, legatee, creditor or otherwise, or in which he is
related to either party within the si#th degree of consanguinity or
affinity, or to counsel within the fourth degree, computed according
122 123
to the rules of the civil law, or in which he has been e#ecutor,
administrator, guardian, trustee or counsel, or in which he
has been presided in any inferior court when his ruling or
decision is the sub"ect of review, without the written consent
of all parties in interest, signed by them and entered upon
the record.
A "udge may, in the e#ercise of his sound discretion,
dis%ualify himself from sitting in a case, for "ust or valid
reasons other than those mentioned above.
Se!tion "7 2bjection that judge dis!ualified+ how made and
effect. $f it be claimed that an official is dis%ualified from
sitting as above provided, the party ob"ecting to his
competency may, in writing, file with the official his ob"ection,
stating the grounds therefor, and the official shall thereupon
proceed with the trial, or withdraw therefrom, in accordance
with his determination of the %uestion of his dis%ualification.
4is decision shall be forthwith made in writing and filed with
the other papers in the case, but no appeal or stay shall be
allowed from, or by reason of, his decision in favor of his
own competency, until after final "udgment in the case.
R9LE 1$#

/0SC0PL0NE OF +9/;ES OF RE;9LAR AN/ SPEC0AL
CO9RTS AN/ +9ST0CES OF T6E CO9RT OF APPEALS
AN/ T6E SAN/0;ANBA1AN
<:+&$97 1. 4ow instituted1 N 6roceedings for the discipline of
"udges of regular and special courts and 2ustices of the +ourt of
Appeals and the <andiganbayan may be instituted motu proprio by
the <upreme +ourt or upon a verified complaint, supported by
affidavits of person who have personal *nowledge of the facts
alleged therein or by documents which may substantiate said
allegations, or upon an anonymous complaint, supported by public
records of indubitable integrity. &he complaint shall be in writing and
shall state clearly and concisely the acts and omissions constituting
violations of standards of conduct prescribed for 2udges by law, the
Rules of +ourt, or the +ode of 2udicial +onduct.
<:+. 2. $ction on the complaint1 N $f the complaint is sufficient in
form and substance, a copy thereof shall be served upon the
respondent, and he shall be re%uired to comment within ten /100
days from the date of service. 9therwise, the same shall be
dismissed.
<:+. 3. *y whom complaint investigated1 N =pon the filing of the
respondentKs comment, or upon the e#piration of the time for filing
the same and unless other pleadings or documents are re%uired,
the +ourt shall refer the matter to the 9ffice of the +ourt
Administrator for evaluation, report, and recommendation or assign
the case for investigation, report, and recommendation to a retired
member of the <upreme +ourt, if the respondent is a 2ustice of the
+ourt of Appeals and the <andiganbayan, or to a 2ustice of the
+ourt of Appeals, if the respondent is a 2udge of a Regional &rial
+ourt or of a special court of e%uivalent ran*, or to a 2udge of the
Regional &rial +ourt if the respondent is a 2udge of an inferior court.
124
125
<:+. !. 4earing1 N the investigating 2ustice or 2udge shall
set a day of the hearing and send notice thereof to both
parties. At such hearing the parties may present oral and
documentary evidence. $f, after due notice, the respondent
fails to appear, the investigation shall proceed e) parte1
&he $nvestigating 2ustice or 2udge shall terminate the
investigation within ninety /-00 days from the date of its
commencement or within such e#tension as the <upreme
+ourt may grant.
<:+. 3. eport1 N 'ithin thirty /300 days from the
termination of the investigation, the investigating 2ustice or
2udge shall submit to the <upreme +ourt a report containing
findings of fact and recommendation. &he report shall be
accompanied by the record containing the evidence and the
pleadings filed by the parties. &he report shall be
confidential and shall be for the e#clusive use of the +ourt.
<:+. (. $ction1 N &he +ourt shall ta*e such action on the
report as the facts and the law may warrant.
<:+. ). Classification of charges1 N Administrative charges
are classified as serious, less serious, or light.
<:+. ,. Serious charges1 N <erious charges include.
1. 5ribery, direct or indirect1
2. Aishonesty and violations of the Anti->raft and
+orrupt 6ractices ?aw /R.A. 7o. 301-01
3. >ross misconduct constituting violations of the +ode of
2udicial +onduct1
!. Cnowingly rendering an un"ust "udgment or order as
determined by a competent court in an appropriate
proceeding1
3. +onviction of a crime involving moral turpitude1
(. 'illful failure to pay a "ust debt1
). 5orrowing money or property from lawyers and litigants in
a case pending before the court1
,. $mmorality1
-. >ross ignorance of the law or procedure1
10. 6artisan political activities1 and
11. Alcoholism andHor vicious habits.
<:+. -. &ess Serious Charges1 N ?ess serious charges include.
1. =ndue delay in rendering a decision or order, or in
transmitting the records of a case1
2. ;re%uently and un"ustified absences without leave or
habitual tardiness1
3. =nauthori8ed practice of law1
!. Diolation of <upreme +ourt rules, directives, and circulars1
126
127
3. Receiving additional or double compensation
unless specifically authori8ed by law1
(. =ntruthful statements in the certificate of service1
and
). <imple @isconduct.
<:+. 10. &ight Charges. N ?ight charges include.
1. Dulgar and unbecoming conduct1
2. >ambling in public1
3. ;raterni8ing with lawyers and litigants with pending
caseHcases in his court1 and
!. =ndue delay in the submission of monthly reports.
<:+. 11. Sanctions1 N A. $f the respondent is guilty of a
serious charge, any of the following sanctions may be
imposed.
1. Aismissal from the service, forfeiture of all or part of
the benefits as the +ourt may determine, and
dis%ualification from reinstatement or appointment to
any public office, including government-owned or
controlled corporations. 6rovided, however, that the
forfeiture of benefits shall in no case include accrued
leave credits1
2. <uspension from office without salary and other benefits for
more than three /30 but not e#ceeding si# /(0 months1 or
3. A fine of more than 620,000.00 but not e#ceeding
6!0,000.00
5. $f the respondent is guilty of a less serious charge, any of the
following sanctions shall be imposed.
1. <uspension from office without salary and other benefits for
not less than one /10 nor more than three /30 months1 or
2. A fine of more than 610,000.00 but not e#ceeding
620,000.00.
+. $f the respondent is guilty of a light charge, any of the following
sanctions shall be imposed.
1. A fine of not less than 61,000.00 but not e#ceeding
610,000.00 andHor
2. +ensure1
3. Reprimand1
!. Admonition with warning.
<:+. 12. Confidentiality of proceedings1 N 6roceedings against
2udges of regular and special courts and 2ustices of the +ourt of
Appeals and the <andiganbayan shall be private and confidential,
but a copy of the decision or resolution of the court shall be
attached to the record of the respondent in the 9ffice of the +ourt
Administrator.
128
129
&hese amendments to Rule 1!0 shall ta*e effect on 9ctober
1, 2001 following their publication in two newspapers of
general circulation on or before <eptember 13, 2001.
<eptember 11, 2001, @anila.
60LAR0O ;7 /A=0/E4 +R7
Chief 5ustice
+OS9E N7 BELLOS0LLO +OSE A7R7 :ELO
$ssociate 5ustice $ssociate 5ustice
RE1NATO S7 P9NO +OSE C7 =0T9;
$ssociate 5ustice $ssociate 5ustice
SANT0A;O :7 <AP9NAN =0CENTE =7 :EN/O>A
$ssociate 5ustice $ssociate 5ustice
ARTE:0O =7 PAN;AN0BAN LEONAR/O A7 J90S9:B0N;
$ssociate 5ustice $ssociate 5ustice
BERNAR/O P7 PAR/O ART9RO B7 B9ENA
Associate 5ustice $ssociate 5ustice
:0NER=A P7 ;ON>A;A-RE1ES CONS9ELO 1NARES-SANT0A;O
$ssociate 5ustice $ssociate 5ustice
SAB0NO R7 /E LEON4 +R7 AN;EL0NA SAN/O=AL-;9T0ERRE>
Associate 2ustice Associate 2ustice
For- "'7 ) Attorney.s Oat
$, OOOOOOOOOOOOOOOOOOOOOOOOOO do solemnly swear that $
will maintain allegiance to the Republic of the 6hilippines1 $
will support its +onstitution and obey the laws as well as the
legal orders of the duly constituted authorities therein1 $ will
do no falsehood, nor consent to the doing of any in court1 $ will not
wittingly or willingly promote or sue any groundless, false or
unlawful suit, nor give aid nor consent to the same. $ will delay no
man for money or malice, and will conduct myself as a lawyer
according to the best of my *nowledge and discretion with all good
fidelity as well to the courts as to my clients1 and $ impose upon
myself this voluntary obligation without any mental reservation or
purpose of evasion. <o help me >od
130
131