2008

LEGAL ETHICS NOTES

TABLE OF CONTENTS
LEGAL ETHICS
Terms to Ponder
Practice of Law .
Law Student Practice
Admission to the Practice .
Four Fold Duties of a Lawyer ..
Code of Professional Responsibility .
The Lawyer and the Society .
Mandatory Continuing Legal Education (MCLE)
The Lawyer and The Legal Profession .
The Lawyer and The Courts .
The Lawyer and The Client ..
Discipline of Lawyers ...
Rules on Reinstatement .
Rules in Case of Contempt of Court .
Rules Concerning Notary Public ..
JUDICIAL ETHICS
Code of Judicial Conduct ..
New Code of Judicial for the Philippine Judiciary ...
Obligations of a Judge in General .
Discipline of Judges ..
Procedure for Discipline
INTEGRATED BAR OF THE PHILIPPINES
Integrated Bar of the Philippines ...

GENERAL PRINCIPLES
LEGAL ETHICS is a branch of moral science that treats of the duties which an attorney
owes to the court, to his client, to his colleagues on the profession and to the public.
Sources of Legal Ethics
1. Constitution
2. Rules of Court
3. Legislation
4. Court decision
5. Canons of Professional Ethics
6. Code of Professional Responsibility
7. Treatises; and
8. Other sources
American Bar Association 1983 Model Rules of Professional Conduct
American Bar Association 1969 Model Code of Professional Responsibility
Terms to Ponder
ADVOCATE
The general and popular name for a lawyer who pleads on behalf of someone else. He is a
person learned in the law and duly admitted to practice.
AMICUS CURIAE
Friend of the court. A person with strong interest in or views on the subject matter of an
action, but not a party to the action, may petition the court for permission to file a brief,
ostensibly on behalf of a party but actually to suggest a rationale consistent with its own
views.
AMICUS CURIAE PAR EXCELLENCE
Bar associations who appear in court as amici curiae or friends of the court. Act merely as
consultants to guide the court in doubtful questions or issues pending before it.
APPEARANCE PRO HAC VICE
Appearance by a lawyer who is not licensed to practice in a jurisdiction, but only in
connection with a particular case.
APPEARANCE IN PROPRIA PERSONA
Appearance in court by a non-lawyer for himself without the assistance of a member of the
Bar. This is sometimes referred to as Pro Se practice.
ATTORNEY

The title reserved to those who, having obtained the necessary degree in the study of law and
successfully taken the bar examinations, have been admitted to the IBP and remain members
thereof in good standing and it is only they who are authorized to practice law in the
Philippines.
ASSOCIATE ATTORNEY
The term usually refers to a junior lawyer in a law firm.
ATTORNEY AD HOC
The person named and appointed by the court to defend an absentee defendant in the suit in
which the appointment is made.
ATTORNEY AT LAW
Class of persons who are by license, officers of the courts, empowered to appear, prosecute
and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by
law as a consequence.
ATTORNEY IN FACT
An agent whose authority is strictly limited by the instrument appointing him, though he may
do things not mentioned in his appointment necessary to the performance of the duties
specifically required of him by the power of attorney appointing him.
ATTORNEYS OF COUNSEL
In general, these are the attorneys who collaborate or assist the attorney of record in the
management of the case.
ATTORNEY OF RECORD
The attorney whose name, together with the address, is entered in the record of case as the
designated counsel of the party litigated in the case and to whom judicial notices relative
thereto are sent.
BAR
Refers to the legal profession.
BENCH
Means the judiciary.
CLIENT
One who seeks the advice of a lawyer or retains him to prosecute or defend a suit.
COLLABORATING COUNSEL
A lawyer who assist another lawyer in the management, prosecution or defense of a suit or
action.
COUNSEL

An officer of the court who is associated in the management of a particular case, or who acts
as legal adviser in reference to any matter requiring legal knowledge and judgment.
COUNSEL DE OFICIO
An attorney appointed by the court to defend an indigent defendant in a criminal action or to
represent a destitute party in a case.
COUNSEL DE PARTE
An attorney retained by a party litigant, usually for a free, to prosecute or defend his cause in
court.
COUNSELOR
One who gives counsel or advice on a professional capacity. The title could be used by those
admitted to the Philippine Bar.
COUNSELOR AT LAW
One retained by a party in a cause of action to conduct the same on its trial on his behalf.
CURATOR AD HOC
A guardian appointed for a special purpose.
DISBARMEN
It is the act of the Philippine Supreme Court in withdrawing from an attorney the right to
practice law. The name is stricken out from the Roll of Attorneys.
ETHICS
It is the study of the principles of morality, including the science of the good and nature of the
right.
LAWYERS
This is general term for a person trained in law and authorized to advise or represent other in
legal matters.
LEAD COUNSEL
The counsel on either side of an litigated action who is charged with the principal
management and direction of partys case, as distinguished from his juniors or subordinates.
LEGAL EHTICS
The embodiment of all principles of morality and refinement that should govern the conduct
of every member of the bar.
NOTARY PUBLIC
Public officers whose duty is to attest to the genuineness of any deed or writing in order to
render them available as evidence of the facts stated therein and who is authorized by statute
to administer various oaths.

PRACTICING LAWYER
One engaged in the practice of law which requires the application of law, legal procedure,
knowledge, training and experience.
PROFESSIONAL ETHICS
The right application of the accepted standards of right and wrong the conduct of professional
people in the business relationship peculiar to their professional employment.
SOLICITOR
A government lawyer attached the Office of the Solicitor General.
SUSPENSION
This is the temporary withholding of the lawyers privilege to practice the legal profession for
a certain period, or for an indefinite period of time.
TITULO DE ABOGADO
It means not mere possession of the acasemic degree of Bachelor of Laws but membership in
the Bar after due admission thereto, qualifying one for the practice of law. The English
equivalent of abogado is lawyer or attorney-at-law.
TRIAL LAWYER
A lawyer who personally handles cases in court, administrative agencies or boards which
means engaging in actual trial work either for the prosecution or for the defense of cases of
clients.
PRACTICE OF LAW
PRACTICE OF LAW
Any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience.
To engage in the practice of law is to perform those acts which are characteristics of
the profession. Generally, to practice law is to give notice or render any kind of
service, which device or service requires the use in any degree of legal knowledge or
skill.
Attorney of Record
Attorney of Counsel
Takes an active role in the conduct
Merely serves in an advisory aspect
of the litigation
His name must appear in the court
Name need not appear in the court
records
records
What Constitutes Practice Law
The individual must customarily or habitually hold himself out to the public as a
lawyer and demands compensation for the following services:

1. Giving of advice or rendering any kind of service that involves legal knowledge. This
is may include rendering an opinion as proper in the interpretation of statutes.
2. Appearance in court and conduct cases in court.
3. Preparation of pleadings and other papers incident to actions and special proceedings
as well as the drawing of deeds and other instruments of conveyance.

Essential Criteria Determinative of Engaging In the Practice of Law

1. Habituality implies customarily or habitually holding oneself out to the public as a
lawyer
2. Compensation implies that one must have presented himself to be in the active
practice and that his professional services are available to the public for compensation,
as a source of his livelihood or in consideration of his said services.
3. Application of law, legal principle, practice, or procedure which calls for legal
knowledge, training and experience.
4. Attorney- client relationship.
Characteristics of Practice of Law
1. The profession is subservient to the court.
2. It is not a business, but a profession.
3. Lawyers are administrators of justice.
4. Right to practice law is not a natural or constitutional right.
5. A matter of public interest.
6. Act of lawyers are always subject to scrutiny by the court.
Power to Regulate Practice of Law
The right to practice law is not a natural or constitutional right, nor an absolute right or
a right de jure, but is a privilege of franchise. It is bestowed by the State.
State Regulation
1. Sec. 5(5), Art. 8, Constution
The supreme court has the following powers:
(5) Promulgate rules concerning the protection and enforcement of constutional
rights, pleading, practice, and procedure in all courts, the admission to the practice of
law, the Integrated Bar of the Philippines, and legal assistance to the underprivileged.
Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase or modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.
2. Art XII, Sec. 14 (2), Constitution
The practice of all professions in the Philippines shall be limited to Filipino citizenz,
save incases prescribed by law.
3. Art XVIII, Sec. 10, Constitution

All courts existing at the time of the ratification of this Constitution shall continue to
exercise their jurisdiction until otherwise provided by law. The provisions of the
existing Rules of Court, judiciary acts, and procedural laws no inconsistent with this
Constitution shall remain operative unless amended or repealed by the Supreme Court
or the Congrees.

The right to practice law is not a property. It cannot be assigned or inherited, but
must be earned by hard study and good conduct.
Practice of law is a privilege impressed with public interest that it is both the right and
the duty of the State to control and regulate inorder to promote the public welfare.

The Constitutionally Vested Power of the Supreme Court to Regulate include:

1. The authority to define the term;
2. Prescribe the qualifications of a candidate and the subjects of the bar examinations;
3. Decide who will be admitted to practice;
4. Discipline, suspend or disbar any unfit and unworthy member of the Bar;
5. Reinstate any disbarred or indefinitely suspended attorney;
6. Ordain the integration of the Philippine Bar;
7. Punish for contempt any person for unauthorized practice of law;
8. Exercise overall supervision of the legal profession; and
9. Exercise any other power as may be necessary to elevate the standards of the Bar and
preserve its integrity.
The LEGISLATURE, in the exercise of its POLICE POWER may, however,
enact laws regulating the practice of law to protect the public and promote the
public welfare. But it MAY NOT pass a law that will control the SUPREME
COURT in the performance of its function to decide who may enjoy the
privilege of practicing law.
Admission to Practice
The power to admit applicants to the practice of law is judicial in nature and
involves the exercise of judicial discretion. The authority to decide who may be
admitted to the bar naturally and logically belongs to the judiciary as
represented by the Supreme Court.

Who May Practice Law

The following persons may practice law in the Philippines;
1. Those who are licensed as a member of the Philippine Bar at the time these rules took
effect; and
2. Those who may hereafter be admitted to the Bar, provided they are in good and regular
standing. [Sec. 1, Rule 138 Rules of Court]
Those who pass the Sharia Bar are not entitled to be called Attorneys,
unless they have also been admitted to the Philippine Bar.

LAW STUDENT PRACTICE

RULE 138-A, RULE OF COURT
NON-LAWYERS WHO ARE AUTHORIZED TO APPEAR IN COURT
General Rule: Only those who are licensed to practice law can appear and handle cases in
court.
Exceptions:
1. Before the MTC a party may conduct his own litigation in person with the aid of an
agent or friend appointed by him for that purpose.
2. Before any court - a party may conduct his litigation personally. But if he gets
someone must be an authorized member of the Bar.
3. In a criminal case before the MTC in a locality where a duly licensed member of
the Bar is not available, the judge may appoint a non-lawyer who is a resident in the
province, of good repute for probity to aid the accused in his defense.
4. A senior law student, who is enrolled in a recognized law schools clinical education
program approved by the SC may appear before any court without compensation, to
represent indigent clients accepted by the Legal Clinic of the law school. The student
shall be under the direct supervision and control of an IBP member duly accredited by
the law school.
5. Under the Labor Code, non-lawyers may appear before the NLRC or any Labor
Arbiter, if: a) they represent themselves, or b) they represent their organization or
members thereof with written authorization of the latter, or c) they are duly accredited
members of any legal office duly recognized by the DOJ, or the IBP in cases referred
by the latter.
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral
Court.
7. Any person appointed to appear for the Government of the Philippines in accordance
with law.
8. A non-lawyer may be a party before the Department of Agricultural Reform
Adjudication Board (DARAB).
Limitations on Appearance of Non-Lawyers Before The Courts
1. He should confine his work to non-adversary contentions. He should not undertake
purely legal work such as the examination or cross-examination of witnesses, or the
presentation of evidence.
2. Services should not be habitually rendered.
3. Should not change or collect attorneys fees.
Conditions on Appearance of Senior Law Student:
1. The appearance of the Law student shall be under the direct supervision and control of
a member of the IBP duly accredited by the law school.
2. 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; and
3. He shall be governed and subject to ethical rules on legal profession.

A corporation CANNOT engage in the practice law. It may, however, hire an

attorney to attend to and conduct its own legal business or affairs. But it cannot
practice law DIRECTLY OR INDIRECTLY by employing a lawyer to practice
for it or to appear for others for its benefit.
Only natural persons can engage in the practice of law. A lawyer is burdened
with peculiar duties and responsibilities. [Matter of Cooperative Law Co., N.Y.
579]

Public Officials Who Cannot Practice Law In The Philippines

1. Judges and other officials as employees of the Supreme Court
2. Officials and employees of the Office of the Solicitor General
3. Government prosecutors
4. President, Vice-President, Members of the Cabinet, their deputies and assistants
5. Members of the Constitutional Commissions
6. Ombudsman and his deputies
7. All governors, city and municipal mayors
8. Those prohibited by special law
Public Officials With Restrictions in the Practice of Law
1. Senators and Members of the House of Representatives
2. Members of the Sanggunian
3. Retired Justices of the SC
4. Civil Service officers or employees without permit from their respective department.

A lawyer-member of the Legislature is ONLY prohibited from appearing as

counsel before any court of justice, electoral tribunals or quasi-judicial and
administrative bodies.

Restrictions in the Practice of Law of the Members of the Sanggunian

General Rule: Members of Sanggunian may engage in the practice of law.
Exceptions:
1. They shall not appear as counsel before any court in any civil case wherein a local
government unit or any office, agency or instrumentality of the government is the
adverse party.
2. They shall not appear as counsel in any criminal case wherein an officer or employee
of the national or local government is accused of an offense committed in relation to
his office;
3. They shall not collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official; and
4. They shall not use property and personnel of the government EXCEPT when the
member concerned is defending the interest of the government.
Remedies Against Unauthorized Practice
1. Petition for Injunction
2. Declaratory Relief

3. Contempt of Court
4. Disqualification and complains for disbarment
5. Criminal complaint for estafa against a person who falsely represents himself to be an
attorney to the damage of a party.

ADMISSION TO THE PRACTICE

Requirements for all Applicants for Admission to the Bar
1. Must be a citizen of the Philippines;
2. At least twenty-one years of age;
3. Of good moral character;
4. A resident of the Philippines;
5. May present before the Supreme Court satisfactory evidence of;
a) Good moral character; and
b) No charges against him involving moral turpitude have been filed or are
pending in any court in the Philippines;
6. Must have complied with the academic requirements; and
7. Must pass the BAR examination.
NOTE: DUAL CITIZEN CAN PRACTICE LAW IN THE PHILIPPINES. After a
former Filipino lawyer has reacquired his Philippine citizenship under RA 9225( Dual
Citizens Act) when he takes an oath allegiance before the proper Office (ex. Philippine
consulate in Canada) and is able to meet all the requirements of the Bar, he may be allowed by
the SC to practice law in the Philippines. Accordingly, he is to make his attorneys oath again
to remind him of his duties and responsibilities and take the MCLE to refresh and update his
legal knowledge. Under RA 9225, Filipinos who have become citizens of another country
but has managed to reacquired their Philippine citizenship are deemed never to have lost it.
Impliedly, a dual citizen who has all the qualifications may take the bar examinations and
admitted to the Bar. (Petition For Leave To Resume Practice Of Law, Petitioner Benjamin M.
Dacanay, December 17, 2007)

Requirements Before A Candidate Can Practice Law

I.
He must have been admitted to the Bar.
a) Furnishing satisfactory proof of educational, moral and other classifications;
b) Passing the Bar;
c) Taking the Lawyers Oath before the SC;
d) Signing the Attorneys Roll and receiving from the Clerk of the Court of the SC a
Certificate of license to practice.

II.

After his admission to the Bar, a lawyer must remain in good and regular standing,
which is a continuing requirement for the practice of law. This means that he must:
a) Remain a member of the IBP;
b) Regularly pay all IBP membership dues and other lawful assessments, as well
as the annual privilege
c) Faithfully observe the rules and ethics of the legal profession; and
d) Be continually subject to judicial disciplinary control.

FOUR-FOLD DUTIES OF A LAWYER

1.
Court. A lawyer must maintain towards the court a respectful attitude
defend the courts against unjust criticism, uphold the courts authority and dignity; obey court
orders and processes, and assist in the administration of justice.
2.
Bar. A lawyer must observe candor, fairness, courtesy and truthfulness
in his conduct towards other lawyers, and uphold the honor of the profession.
3.
Client. A lawyer owes his entire devotion to the interest of his client,
warmth and zeal in the maintenance if the defense of his rights and exertion of utmost learning
ability to the end that nothing be taken or withheld from his client except in accordance with
law. He owes a duty of competent and zealous representation to the client, and should
preserve his clients secrets, preserve his funds and property and avoid conflict of interest.
4.
Public. A lawyer must not undertake any action which violates his
responsibility to society as a whole and he must be example in the community for uprightness.
As a member of the society, a lawyer must be ready to render legal aid and foster legal
reforms, be a guardian of due process, be aware of his special role and shall at all times be
ready to lend assistance in the study and resolution of social problems.
Duties of A Lawyer Under the Rules of Court
1. To maintain allegiance to the Republic of the Philippines and to support the Constitution
and obey the laws of the Philippines;
2. To observe and maintain the respect due to courts of justice and judicial officers;
3. To counsel and maintain such actions or proceedings only as it appears to him to be just,
and as such defends only as he believes to be honestly debatable under the laws;
4. To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seeks to mislead the judge or any judicial
officer by an artifice or false statement of fact or law;
5. To 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 except from
him or with his knowledge and approval;
6. To abstain from all offensive personality and to advance no fact prejudicial to the honor and
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
7. Not to encourage either the commencement or the continuance of an action or proceeding,
or delay any mans cause, for any corrupt motive or interested;

8. Never to reject for any consideration personal to himself, the cause of the defenseless or
oppressed; and the law permits to the end that no person may be deprived of life or liberty, but
by due process of law.

CODE OF PROFESSIONAL RESPONSIBILITY

I. The Lawyer and Society

CANONS
1. Uphold the Constitution, obey the laws of the land and promote respect for law and legal
processes.
2. Make his legal services available in an efficient and convenient manner compatible with
the independence, integrity effectiveness of the profession.
3. Use only true, honest, fair, dignified and objective information in making known his legal
services.
4. Participate in the development of the legal system by initiating or supporting efforts in law
reform and in the improvement of the administration of justice.
5. Keep abreast of legal developments, and participate in continuing legal education
programs, support efforts to achieve high standards in law students and in disseminating
information regarding the law and jurisprudence.
6. Applicability of the CPR to lawyers in government service in the discharge of their official
tasks.
II. The Lawyer and The Legal Profession
CANONS
7. At all times uphold the integrity and dignity of the legal profession and support the
activities of the IBP.
8. Conduct himself with courtesy, fairness and candor toward his professional colleagues, and
avoid harassing tactics against opposing counsel.

9. Not directly or indirectly assist in the unauthorized practice law.

III. The Lawyer and The Courts
CANONS
10. Owes candor, fairness and goof faith to the court.
11. Observe and maintain the respect due to the courts and to judicial officer and should insist
on similar conduct by others.
12. Exert every effect and consider it his duty to assist in the speedy and efficient
administration of justice.
13. Rely upon the merits of his cause and refrain from any impropriety which tends to
influence, or gives the appearance of influencing the court.
IV.

The Lawyer and The Client

CANONS
14. Not refuse his services to the needy.
15. Observe candor, fairness and loyalty in all his dealings and transactions with clients.
16. Hold in trust all moneys and properties of his client that may come to his possession.
17. Owes fidelity to the cause of his client and be mindful of the trust and confidence reposed
in him.
18. Serve client with competence and diligence.
19. Represent his client with zeal and within the bounds of law.
20. Charge only fair and reasonable fees.
21. Preserve the confidence and secrets of client even after the attorney- client relation is
terminated.
22. Withdraw his services only for good cause and upon notice appropriate in the
circumstances.

THE LAWYER AND THE SOCIETY

CANON 1

A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE

LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW
AND LEGAL PROCESSES.

CASE DOCTRINES:
The issuance of worthless checks constitutes gross misconduct, and puts the
erring lawyers moral character in serious doubt; though it is not related to his
professional duties as a member of the bar. He not only sets himself liable for
serious criminal offense under B.P. Blg. 22, but also transgresses the Code of
Professional Responsibility, mandate of Canon 1 to obey the laws of the land and
promote the respect for law. ( Vda. De Espino vs. Presequito, A.C. NO. 4762,
06/28/2004)
In a long line of cases, the SC held disbarment to be the appropriate penalty for
conviction by final judgment for a crime involving moral turpitude, (Barrios
vs. Martinez, A.C. No. 4585. 11/12/2004)
1.1 Not to engage in unlawful, dishonest, immoral or deceitful conduct.
Immoral Conduct which is willful, flagrant, or shameless and which shows a moral
indifference to the opinion of the good and respectable members of the community.
(Arciga vs. Maniwag, 106 SCRA 591)
Grossly Immoral Conduct one that is so corrupt and false to constitute a criminal act
or so unprincipled or disgraceful as to be reprehensible to a high degree; it is a
WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORAL
INDIFERRENCE to the opinion of respectable members of the community. (Narag vs.
Narag, 1998)
Moral Turpitude
Imports an act of baseness, vileness or depravity in the duties which one person owes
to another or to society in general which is contrary to the usual accepted and
customary rule of right and duty which a person should follow. The question as to
whether an offense involves moral turpitude is for the Supreme Court to decide.
Some Crimes Involving Moral Turpitude
1. Estrada
2. Bribery
3. Murder
4. Seduction
5. Abduction
6. Smuggling
7. Falsification of public documents

An attorney may be removed or otherwise disciplined not only for malpractice and
dishonesty in his profession, but also for gross misconduct not connected with his
professional duties, which showed him unfit for the office and unworthy of the
privileges which his license and the law confer to him. (Piatt vs. Abordo, 58
Philippines 350)
The court held that by altering the material dates to make it appear that the Notice of
Appeal was timely filed, respondent committed an act of dishonesty in violation of
Rules 1.02 (Jose A. Rivera vs. Atty. Napoleon Corral; A.C. No. 3548, July 4, 2002)
Lawyers Best Virtue, Honesty Lawyers must deal with their clients, brother
lawyers , courts of justice and the public with honesty.
Dishonesty is condemned and is a ground for disciplinary action.
1.02 Not to counsel or abet activities aimed at defiance of the law or at lessening confidence
in the legal system.
Assisting of client in a scheme which the attorney knows to be dishonest or the
conniving at a violation of the law are acts which justify disbarment, (In re Terrell, 2
Phil 266).
1.2 A lawyer shall not; for any corrupt motive or interest, encourage any suit or
proceeding or delay any mans cause.
Ambulance Chasing

A lawyers act of chasing an ambulance carrying the victims of an accident for

the purpose of talking to the same victim or the latters relatives and offering his
legal services for the filing of the case against the person who caused the accident.
Barratry

Offense of frequently exciting and stirring up quarrels and suits. The lawyers
act of fomenting suits among individuals and offering his legal services to one of them
for monetary motives or purposes.

A lawyer has the obligation not to encourage suits. The purpose of the
prohibition is to prevent barratry and ambulance-chasing.
1.3 To encourage his clients to avoid, end or settle a controversy if it will admit of a fair
settlement.
Rule on Compromise
General Rule: A lawyer cannot, without special authority, compromise his clients litigation
or receive anything in discharge of the clients claim but the full amount in cash. A
compromise entered into without authority is merely unenforceable. It can be ratified by the
client, if he so desires.

Exceptions: A lawyer has exclusive management of the procedural aspect of the litigation
including the enforcement of rights and remedies of the client. Thus, when the case was
submitted for decision on the evidence so far presented, the counsel for private respondents
acted within the scope of his authority as agent and lawyer in negotiating for favorable terms
for his client.

The nature of compromise agreement is such that a party must give up some of the
rights that he has, in consideration of the same act on the part of the other side.

CANON 2 A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN

EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENCE,
INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
2.01 Not to reject, except for valid reasons, the cause of the defenseless or the oppressed.
Defenseless- not in the position to defend themselves due to poverty, weakness, ignorance or
other similar reasons
Oppressed- victims of acts of cruelty, unlawful exaction, domination or excessive use of
authority.
Note: Correlate with Canon 14, CPR
2.02 Even if a lawyer does not accept a case, he shall not refuse to render legal advise to the
person concerned if only to the extent necessary to safeguard the latters rights.

It is the duty of the lawyer to assert every remedy and defense that is authorized by
law for the benefit of the client, especially in a criminal action in which the latters life
is at stake. He had the duty to present-by all fair and honorable means- every defense
and mitigating circumstance that the law permitted, to the end that his clients would
not be deprived of life, liberty or property, except by due process of law.(Santiago vs.
Rafan, A.C. No. 6252, 10/05/2004)

2.03 Not to do or permit to be done any act designed primarily to solicit legal business.
Primary Characteristics Which Distinguish the Legal Profession From the Business
1. A duty of public service, of which the emolument is a by-product, and in which one may
attain
the highest eminence without making much money;
2 A relation as an officer of the court to the administration of justice involving thorough
sincerity, integrity and reliability;
3 A relation to clients in the highest degree of fiduciary; and

A relation to colleagues at the bar characterized by candor, fairness and unwillingness to

resort to current business methods of advertising and encroachment on their practice, or
dealing directly with clients. (In Re: Sycip, 92 SCRA 1)

2.4 Not to pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.
Rule on Advertising and Solicitation of Legal Business
General rule: A lawyer cannot advertise his talents, as the legal profession is a public trust
and service and not a business.
Lawyers may not advertise their services or expertise nor should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring
newspaper comments, or procuring his photograph to be published in connection with
causes in which the lawyer has been engaged or concerning the manner of their
conduct, the magnitude of the interest involved, the importance of the lawyers
position, and all other self-laudation.
Exceptions:
1. Writing legal articles.
2. Engaging in business or other occupations except when such could be
deemed improper, be seen as indirect solicitation or would be the
equivalent of law practice.
3. Law lists, but only brief biographical and informative data. (Ulep vs.
Legal Clinic, Inc., 223 SCRA 378)
4. Ordinary, professional cards.
5. Notice to other local lawyers and publishing in a legal journal of
ones availability to act as an associate for them.
6. Offering and providing free legal services to the indigent.
7. Seeking a public office, which can only be held by a lawyer or in a
dignified manner, a position as a full time corporate counsel .
8. Listing in a phone directory, but not under a designation of a special
branch of law.
9. Activity of an associate for the purpose of legal representation.
10. Simple pronouncements primarily for the legal profession.
Solicitation of cases at law for the purpose of gain, either directly or through paid
agents or brokers. Constitutes malpractice[ Rule 138, sec.27]. The rule prohibits
professional touting.
Giving of legal advice through media cannot be undertaken by a lawyer because the
work involves indirect advertising, violation of the confidential relation of attorney
and client, and a breach of the traditional standards of the profession.
However, it is justified under Canon 5 CPR to assist in disseminating information
regarding the law and jurisprudence. Thus there should be no solicitation.

2.05
Not to charge rates lower than those customarily prescribed, unless
circumstances so warrant.
What the rule prohibits is the competition in the matter of charging professional fees
for the purpose of attracting clients in favor of the lawyer from charging a reduced fee
or none at all to an indigent or to a person who would have the difficulty paying the
fee usually charged for such services.

CANON 3. A LAWYER IN MAKING KNOWNS HIS LEGAL SEVICES SHALL USE

ONLY TRUE, HONEST, FAIR, DIGNIFIED, AND OBJECTIVE INFORAMTION OR
STATEMENT OF FACTS.
3.1 A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding
his qualifications or legal services.
3.2 In the choice of a firm name, no false, misleading, or assumed name shall be
used. The continued use of the name of deceased partner is permissible
provided that the firm indicates in all its communications that said the partner
is deceased.
Respondents use of the firm name Baker & McKenzie constitutes a representation that
being associated with the firm they could render legal services of the highest quality
to multinational business enterprises and others engaged in foreign trade and
investment. This is unethical because Baker & McKenzie, being an alien law firm, is
unauthorized to practice law in the Philippines.[ Dacanay vs. Baker & McKenzie, A
dm. Case no. 2131]
Death of a Partner Does Not Extinguish the Client- Lawyer Relationship with the
Law Firm
In B.R. Sebastian Inc. vs. CA (206 SCRA), the court found no merit in petitioners
contentions that the death of Atty. Crispin Baizas terminated the Client-Lawyer
relationship. Petitioners counsel was the law firm of BAIZAS, ALBERTO &
ASSOCIATES and not merely Atty. Baizas. Hence, the death of the latter did not
extinguish the lawyer-client relationship between said firm and petitioner.
NOTE: The new rule is in effect an abandonment of the ruling laid down in the case of
In Re Sycip Ozceta, 92 SCRA 1.
3.3 Where a partner accepts public office, he shall withdraw from the firm and his
name shall be dropped from the firm name unless the law allows him to
practice law concurrently.

Reason for Disqualification: Public office is a public trust. Conflict of interest must
be avoided to trust in the public office.

CANON 4. A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE

LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM
AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
CANON 5. A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,
PARTICIPATE IN CONTINUING LKEGAL EDUCATION PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS AN ASSIST IN DISSEMINATING
INFORMATION REGARDING THE LAW AND JURISPRUDENCE.

MANDATORY CONTINUING LEGAL EDUCATION (MCLE) - BAR MATTER NO.

85
MCLE Requirements
Members of the IBP not exempt under RULE 7 shall complete, every three (3) years, at least
thirty-six (36) hours of continuing legal education activities approved by the MCLE
Committee. Of the 36 hour:
(a) Six (6) hours shall be devoted to Legal Ethics.
(b) Four (4) hours shall be devoted to Trial and Pre-trial skills.
(c) Five (5) hours shall be devoted to Alternative Dispute Resolution.
(d) Nine (9) hours shall be devoted to updates on Substantive and Procedural Laws and
Jurisprudence
(e) Four (4) hours shall be devoted to Legal Writing and Oral Advocacy.
(f) Two (2) hours shall be devoted to International Law and Jurisprudence.
(g) Six (6) hours shall be devoted to such subjects as may be Prescribed by the MCLE
Committee.
First Compliance Period: April 14, 2001 to April 14, 2004.
Second Compliance Period: April 2004 to April 2007
New lawyers who passed the bar during the second or third year of the compliance
period are required to take 24 or 12 units of MCLE credits respectively.
Parties Exempted from the MCLE
The following members of the Bar are exempt from the MCLE requirement:
1. President, Vice President and Undersecretary of Executive Departments
2. Senators and Congressmen
3. Justices of SC, incumbent and retired Members of the Judiciary, Incumbent Members
of the JBC and Incumbent court lawyers covered by the Philippine Judicial Academy
program of continuing judicial education.

4. Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the
Department of Justice.
5. Solicitor General and Assistant Solicitor General
6. Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel
7. Chairmen and Members of the Constitutional Commissions
8. Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the
Special Prosecutor of the Office of the Ombudsman
9. Heads of government agencies exercising quasi-judicial function.
10. Incumbent deans, bar reviews and Professors of law who have teaching experience for
at least ten (10) years in accredited law schools.
11. Chancellor, Vice-Chancellor and members of the Corps of Professors and Professional
Lectures of the Philippine Judicial Academy.
12. Governors and Mayors. (Rule 7, Sec 1)
Other Parties Exempted from the MCLE
1) Those who are not in law practice, private or public
2) Those who have retired from law practice with the approval of the IBP Board of
Governors. (Rule 7, Sec. 2)
Good Cause for Exemption from or Modification of Requirement
A member may file a verified request setting forth good cause for exemption (such as physical
disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance
with or modification of any of the requirements, including an extension of time or
modification to be established by the MCLE Committee. (Rule 7, Sec. 3)
What Constitutes Non-Compliance
1. Failure to complete the education requirement within the compliance period.
2. Failure to provide documentation of compliance or exemption.
3. Failure to provide satisfactory evidence of compliance.
4. Failure to satisfy the educational requirement and furnish evidence of such compliance
within 60 days from receipt of non-compliance notice.
5. Failure to pay non-compliance fee within the prescribed period.
6. Any other act or omission analogous to the foregoing.
Consequences of Non-compliance
1. Pay a non-compliance fee.
2. A member who fails to comply with the requirements after the 60 days period shall be
listed as a delinquent member of the IBP upon the recommendation of the MCLE
Committee. The investigation shall be conducted by the Commission on Bar
Discipline.
3. Membership fee shall continue to accrue.
Reinstatement
The involuntary listing as a delinquent member shall be terminated upon proof of
compliance with the MCLE requirement, including payment of non-compliance fee.

The termination of listing as a delinquent member is administrative in nature and it

shall be made by the MCLE Committee.

CANON 6. THESE CANNONS SHALL APPLY TO LAWYERS IN GOVERNMENT

SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS.
Norms of Conduct Of Public Officers
1. Commitment to public interest.
2. Professionalism.
3. Justness and sincerely
4. Political neutrality.
5. Responsiveness to the public.
6. Nationalism and patriotism.
7. Commitment to democracy.
8. Simple living [Sec. 4 RA 6713]
6.1 The primary duty of a lawyer engaged in public prosecution is not to convict but to
see that justice is done. The suppression of facts or the concealment of witness
capable of establishing the innocence of the accused is highly reprehensible and is
cause for disciplinary action.
Duty of the Public Prosecutor
A public prosecutor owes the State and the courts the pertinent facts at his disposal,
with methodical attention filing up the gaps and loopholes in evidence to the end that
the courts mind may not be tortured by doubts, the innocent may not suffer and the
guilty may not escape punishment.
Duty of Private Prosecutor
A private prosecutor may intervene in the prosecution of a criminal action when the
offended party is entitled to indemnity and has not waived expressly, reserved or
instituted the civil action for damages. There is nothing objectionable in allowing a
private prosecutor to participate in the proceedings, as long as the public prosecutor is
always present at every hearing, retains control thereof, and without allowing the trial
in the hands of a private prosecutor to degenerate into a private prosecution.
A private prosecutors participation must be under the direction and control of the
public prosecutor after issuance of a written authority from the chief of the prosecution
office as provided under Rule 110 of the Rules of Court.
6.2 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.

6.3 A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened in said
service.
Pertinent Statutory Provisions:
A. Sec. 7 (B) and (C), RA 6713 Code of Conduct and Ethical Standards for Public
Officials and Employees
Prohibits officials from doing any of the following acts:
1. Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law;
2. Engage in the private practice of their profession unless authorized by the Constitution
or law, provided that such practice will not conflict or tend to conflict with their
official functions;
3. Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office;
4. Use or divulge confidential or classified information officially known to them by
reason of their office and not available to the public either to further their private
interests, or give undue advantage to anyone, or to prejudice the public interest.
B. Section 3 (D), RA 3019, Anti-graft and Corrupt Practices act
Corrupt Practices of Public Officers
(d) Accepting or having any member of his family accept employment in a private
enterprise which had pending official business with him during the pendency thereof or
within one year after termination.
C. Section 1, RA 910- Law on Retirement of Judges and Justices provides that:
It is a condition of the pension provided herein that no retiring justice or judge of a
court of record or city or municipal judge during the time that he is receiving said
pension shall appear as counsel in any court in any civil case wherein the Government
or any subdivision or instrumentality thereof is the adverse party or in any criminal
case wherein an officer or employee of the Government is accused of an offense
committed in relation to his office, or collect any fee for his appearance in any
administrative proceedings. x x x
Restrictions Against Government Lawyers Who Left the Service
General Rule: Practice of Profession immediately after leaving public service is allowed.
Exceptions: In connection with any matter before the office the lawyer used to be with,
subject to the following:
1. If he had not intervened therein, the one year prohibition applies but
2. If he has intervened therein, prohibition is perpetual under Canon 6, Rule 6.03.

THE LAWYER AND THE LEGAL PROFESSION

Lawyers Duties To The Legal Profession
1. Uphold the integrity and dignity of the legal profession and support the IBP.
2. Be courteous, fail and frank to brother lawyers.
3. Not to assist in the unauthorized practice of law.
4. Not to encroach upon the employment of another lawyer.
CANON 7. A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION, AND SUPPOT THE ACTIVITIES OF THE
INTEGRATED BAR.
7.01 To be answerable for knowingly making a false statement or suppressing a material
fact in connection with his application for admission to the bar.
Consequences of Making A False Statement Or Suppression of A Material Fact
1. If discovered before the candidate could take the bar examinations, he will be denied
permission to take the examinations.
2. If discovered after the candidate had passed the examinations but before having taken
his oath, he will not be allowed to take his oath as a lawyer.
3. If the discovery was made after the candidate had taken his oath as a lawyer, his name
will be stricken out from the Roll of Attorneys.
A declaration in the application to take the bar that one is single when, in
fact, one had contracted marriage prior to the application is in violation of Rule 7.01 even
if the marriage, in the belief of the applicant, is void ab initio and is awaiting judicial
declaration of nullity. (Re: 1989 Elections of the Integrated Bar of the Philippines, Bar
Matter No. 491, October 6, 1989)
7.02 A lawyer shall not support application for admission to the bar of any person known to
him to be unqualified in respect to character, education, or other relevant attribute.
7.03 A lawyer shall not engage in conduct that adversely reflects on his fitness to practice
law, nor shall he, whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession.
A lawyer must avoid scandalous conduct. He is not only required to refrain from
adulterous relationships or the keeping of mistress but must also behave himself as to
avoid scandalizing the public by creating the belief that he is flouting those moral
standards. (Tolosa vs. Cargo, 171 SCRA 21)

CANON 8. A LAWYER SHALL CONDUCT HIMSELD WITH COURTESY, FAIRNESS

AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAISNT OPPOSING COUNSEL.
Canon 8 of the Code of Professional Responsibility admonishes lawyers to conduct
themselves with courtesy, fairness and candor toward their fellow lawyers. Lawyers
are duty bound to uphold the dignity of the legal profession. They must act honorably,
fairly and candidly toward each other and otherwise conduct themselves without
reproach at all times. (Antonio A. Alcantara Vs. Atty. Mariano Pefianco; A.C. No.
5398, December 3, 2002)
8.1 Not to use language which is abusive, offensive or otherwise improper in his
professional dealings.

Want of intention is not an excuse for the disrespectful language used.

When the use of strong language has been impelled by the same language used by the
Judge the lawyer cannot be blamed.

8.2 Not to 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 advise and assistance to those seeking relief against unfaithful or neglectful
counsel.
Before taking over a case handled by a peer in the Bar, a lawyer is enjoined to obtain
the conformity of the counsel whom he would substitute. And if this cannot be had,
then he should, at the very least, give notice to such lawyer of the contemplated
substitution. (In Re: Clemente M. Soriano, GR No. L-24114, June 30, 1970)

CANON 9. A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE

UNAUTHORIZED PRACTICE OF LAW.
9.01 Not to delegate to any unqualified person the performance of any task which by law
may only be performed by a member of the Bar in good standing.
PERSONS PROHIBITED FROM BEING PARTNER OR ASSOCIATE
1. Any person who is not a lawyer.
2. Any person who is disbarred.
3. Any person who has been suspended from the practice of law.
4. Any person who is a foreign lawyer, unless licensed by the SC.
A signature in a pleading containing the name of one neither a party nor an attorney
does not comply with the rules, even if the name of a licensed attorney is included.

A signature by agents amounts to a signing by non-qualified attorneys, the office of

attorney being originally one of agency. (U.S. vs. Ney, 8 Philippines 146)
9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law; except:
a. where there is a pre-existing agreement with a partner or associate that, upon the latters
death money shall be paid over a reasonable period of time to his estate or to the persons
specified in the agreement; or
b. where a lawyer undertakes to complete unfinished legal business of a deceased lawyer;
or
c. where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if
the plan is based in whole or in part, of a profit-sharing arrangement.

THE LAWYER AND THE COURTS

Lawyers Duties To Courts
1. Candor, fairness and good faith.
2. Respect.
3. To assist in the administration of justice.
4. Not to influence the court.

CANON 10.
COURT.

A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE

10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in the Court; nor
shall he mislead, or allow the Court be misled by any artifice.
Some cases of Falsehood
1. Stating in the Deed of Sale that property is free from all liens and encumbrances when
not so.
2. Encashing check payable to a deceased cousin by signing the latters name on the
check.
3. Falsifying a power of attorney and used in collecting the money due to the principal.
4. Allege in one pleading that the clients were mere lessees and in another pleading that
the same clients were owners.
5. Filing false charges on groundless suits.
6. Using in pleadings the IBP number of another lawyer.

7. Unsolicited appearances.
8. Use of fictitious residence certificate.
10.02 Not to knowingly misquote or misrepresent the contents of a paper, the language or
the argument of opposing counsel, or the text of a decision or authority, or knowingly cite
as law a provision already rendered inoperative by repeal or amendment, or asset as a fact
that which has not been proved.

Ignoratia legis non-excusat, Ignorance encompasses not only substantive but also
procedural laws.

CANON 11. A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE
TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
A lawyer who willfully disobeys a court order requiring him to do something may
not only be cited and punished for contempt but may also be disciplined as an
officer of the court. (Cuizon vs. Macalino, Adm. Case No. 4334, 07/07/2004)
11.01 To appear in court properly attired.
11.02 To punctually appear at court hearings.
Moral obligations, performance of household chores, and traffic problems are not
sufficient reasons to excuse habitual tardiness, although in certain cases these may
be considered to mitigate administrative liability.
By being habitually tardy, respondent fell short of the stringent standard of conduct
demanded from everyone connected with the civil service, specially the
administration of justice. (Re: Habitual Tardiness incurred by Alibang for the 1 st
Semester of 2003, A.M. No. 2003-11-SC, 06/15/2004)
11.03 To abstain from scandalous, offensive, or menacing language or behavior before the
Courts.
11.04 Not to attribute to a Judge motives not supported by the record or have no
materiality to the case.
11.05 To submit grievances against a Judge to the proper authorities only.
It is duty of both counsel and judge to maintain, not to destroy, the high esteem and
regard for courts.
Basis of Relations Between Counsel and Judge

The relation between counsel and judge should be based on mutual respect and on a deep
appreciation by one of the duties of the other. Thus, counsel is expected to observe and
maintain respect due to the courts of justice and judicial officers.
The public duties of the attorney take precedence over his private duties. His first duty
is to the courts. Where duties to the court conflict with his duties to his clients, the
latter must yield to the former.
Criticisms of court must not spill the wall of decency. Intemperate and unfair criticism
is a gross violation of the duty to respect the courts. It amounts to misconduct which
subjects the lawyer to disciplinary action.

CANON 12.
A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Duty of Lawyer to Assist in the Speedy Administration of Justice
1. Not to engage in forum shopping.
2. To be prepared during hearings.
3. Not to unduly delay a case.
Duty of Lawyer to Assist in the Efficient Administration of Justice
1. If extensions to file papers are necessary, not to let the period expire without
explanation.
2. To treat witnesses properly.
12.01 A lawyer shall not appear for trial unless he has adequately prepared himself on
the law and the facts of his case, the evidence he will adduce and the order of its
profference. He should also be ready with the original documents for comparison with
the copies.
Respondents failure to present evidence is a breach of Rule 12.01 of the Code of
Professional Responsibility, especially in the light of the numerous postponements and
resettings he requested for and was granted with on the ground that he needed more time to
prepare his evidence. Ineluctable conclusion that respondent could not present evidence
because there really was none to justify his nonpayment. (Vda. De Espino vs. Presquito, A.C.
No. 4762, 06/28/2004)
12.02 A lawyer shall not file multiple actions arising from the same cause.
FORUM SHOPPING
There is forum shopping whenever, as a result of an adverse opinion in one forum or
in anticipation thereof, a party seeks a favorable opinion in another forum, through means
other than by appeal or certiorari, raising identical causes of action, subject matter, and issues.

How Committed:
1. Going from one court to another in the hope of securing a favorable relief in one court
which another court has denied;
2. Filing repetitious suits or proceedings in different courts concerning the same subject
matter after one court has decided the suit with finality; or
3. Filing a similar case in a judicial court after receiving an unfavorable judgment from
an administrative tribunal.
Effect of Submission of False Certificate of Non-Compliance
1. It constitutes indirect contempt of court;
2. Without prejudice to the corresponding administrative and criminal actions.
Effects on Willful and Deliberate Forum Shopping
1. Ground for summary dismissal without prejudice;
2. Constitute indirect contempt; and
3. Cause for administrative sanctions.
12.03 Not after obtaining extensions of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an explanation for his failure to do so.
12.04 Not to unduly delay a cause, impede the execution of a judgment or misuse Court
processes.
12.05 To refrain from talking to his witness during a break or recess in the trial, while the
witness is still under examination.
12.06 Not to knowingly assist a witness to misrepresent himself or to impersonate another.
12.07 Not to abuse, browbeat or harass a witness nor needlessly inconvenience him.
12.08 A lawyer shall avoid testifying in behalf of his client, except:
a. On formal matters, such as the mailing, authentication or custody of an instrument, and
the like; or
b. On substantial matters, in cases where his testimony is essential to the ends of justice in
which event he must, during his testimony, entrust the trial of the case to another counsel.
Rationale: The underlying reason for the impropriety of a lawyer acting in such dual
capacity lies in the difference between the function of a witness and that of an advocate. The
function of a witness is to tell the facts as he recalls them in answer to questions. The function
of an advocate is that of a partisan. It is difficult to distinguish between the zeal of an advocate
and the fairness and impartially of a disinterested witness. The lawyer will find it hard to
disassociate his relation to his client as an attorney and his relation to the party as a witness.
The question is one of impropriety rather than of competency.

CANON 13 A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE
APPEARANCE OF INFLUENCING THE COURT.
13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
13.02 A lawyer shall not make public statements in the media regarding a pending case
tending to arouse public opinion for or against a party.
13.03 A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.
Prohibition to Communicate With Judge or Hearing Officer
General Rule: The lawyer has the corresponding duty not to convey or permit others to
convey the impression that they are in a special position to influence the judge.
Exceptions:
1. The lawyer may communicate with the judge or hearing officer in writing by promptly
delivering a copy of the writing to opposing counsel (or to the adverse party if not
represented by counsel).
2. A lawyer may speak to the judge or hearing officer regarding a pending matter, other
than in the course of the proceeding if adequate prior notice has been given to the
opposing party.

A lawyer may COMMUNICATE with judge or hearing officer WITHOUT

NOTICE to adverse party or counsel when communication is authorized in
connection with ex parte applications to the court.

THE LAWYER AND THE CLIENT

LAWYERS DUTIES TO CLIENT
1. Service
2. Candor and fairness
3. Loyalty
4. Safeguard clients property
5. Fidelity
6. Competence
7. Diligence
8. Communication
9. Zeal

10. Reasonable fees

11. Confidentiality
12. Withdrawal for good cause
RETAINER
The act of a client by which he engages an attorney to manage a cause, either by
prosecuting it, when he is plaintiff, or defending it, when he is defendant, or otherwise to
advise him as counsel. It is a continuing employment.
RETAINING FEE
A preliminary fee given to an attorney or counsel to secure his future services, and induce
him to act for the client. Also known as Retainers Fee.
SPECIAL RETAINER
A contractor of employment between a client and attorney for a particular case or service
only. After the termination of the case or the rendition of the service, the retainership is
likewise ended.
DUAL ROLE OF A LAWYER
1. Fiduciary or Trustee. A lawyer holds in trust all the moneys and properties of his client
that may come into his possession. He, likewise, has the obligation to preserve the
confidences and secrets of his client even after the attorney-client relation is terminated.
2. Agent. As an agent representing the client the lawyer is authorized to appear in court for
his client, as well as bind the client by any agreement, in relation to a case made, in
writing, and in taking appeals, and in all matters of ordinary judicial procedure.
ATTORNEY-CLIENT RELATIONSHIP
The nature of lawyers authority to represent a client is similar to that or an agent except
that the lawyer is an officer of the court and thus required to subordinate the interests of the
client to the administration of justice.
How Relationship Is Constituted
1. Through mere consultation by the client;
2. By contract; and
3. By implied agreement
The Court held that a lawyer-client relationship was established from the very first
moment complainant asked respondent for legal advice regarding the formers
business. (Dominador P. Urbe bs. Atty. Alberto C. Magulta; A.M. No. 99-634, June 10,
2002)
Extent of Authority of An Attorney
1. To receive service of pleadings, summons decisions, orders and other court processes;
2. To appear in court for and in behalf of the client;
3. To bind clients;

4. To control the incidents of trial;

5. To negotiate with the opposite party; and
6. Unless replaced, considered the attorney on appeal.
Rules Protecting Attorney-Client Relationships
1. Best efforts must be exerted by the lawyer to protect his clients interests.
2. The lawyer must promptly account for any refund or property entrusted by or received for
his client.
3. The lawyer cannot purchase his clients property or interests in litigation.
4. The privacy of communications shall, at all times, be upheld.
5. The lawyer cannot represent a party whose interest is adverse to that of his client even after
the termination of their relation.

CANON 14.

A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY

14.01 A lawyer shall not decline to represent a person solely on account of the latters race,
sex, creed or status of life, or because of his own opinion regarding the guilt of said person.
14.03 A lawyer may not refuse to accept representation of an indigent client unless:
a. He is in no position to carry out the work effectively or competently;
b. He labors under a conflict of interest between him and the prospective client or
between a present client and the prospective client.
NOTE: Correlate with Canon 2, Rule 2.01-2.02, CPR

This rule is applicable only in criminal cases. In criminal cases, a lawyer cannot
decline to represent an accused or respondent because of his opinion that the said
person is guilty of the charge or charges filed against him. In representing the accused
or respondent, the lawyer must only use means which are fair and honorable.

Right of A Lawyer To Refuse Employment

General Rule: A lawyer is not obliged to act as legal counsel for any person who may wish to
become his client.
Exceptions:
1. A lawyer shall not refuse his services to the needy.
2. He shall not decline to represent a person solely on account of the latters race, sex, creed
or status of life or because of his own opinion regarding the guilt of said person.
3. He shall not decline, except for serious and sufficient cause like:
a. If he is not in a position to carry out the work effectively or competently;
b. If he labors under a conflict of interest between him and the prospective client or
between a present and prospective client.

14.02 A lawyer shall not decline, except for serious and sufficient cause, an appointment as
counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the
Philippines or any of its chapters for rendition of free legal aid.
Who May Be Appointed Counsel De Officio
1. Member of the Bar in good standing; or
2. Any person, resident of the province and of good repute for probity and ability in
localities without lawyers.

A counsel de officio may also be appointed even if the party is able to have one (as in
the case of Erap) so that due process may be properly observed and if it is necessary to
secure the ends of justice and to protect the rights of the party.
It is the duty of a counsel de officio to render effective service and to exert his best
efforts in behalf of an indigent accused.

Instances of Serious And Sufficient Causes For Refusal To Render Service As A Lawyer
1. When the filing of the case would result in multiple actions arising from the same
cause.
2. When the criminal charge to be filed is unfounded and is presented merely to obtain an
improper advantage in any cause or proceeding.
3. When the client insists that the lawyer pursues conduct which is violative of the Code
of Professional Responsibility.
4. When engaged as a collaborating counsel and the lawyers inability to work with cocounsel will not promote the best interest of the client.
5. When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively.
6. When the representation would, directly or indirectly, encroach upon the professional
employment of another lawyer.
14.04 In accepting the cause of a person unable to pay his professional fees, he shall
observe the same standard of conduct governing his relations with paying clients.

CANON 15. A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN

ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENT.
15.01 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.
15.03 Not to represent conflicting interests except by written consent of all concerned given
after a full disclosure of the facts.
Rules on Conflict Of Interest

General Rule: It is the lawyers duty not to represent conflicting interest.

Exception: When there is a written consent of all concerned and consent is given after a full
disclosure of the facts.
Types of Kinds of Conflict of Interest
1. Between the lawyer and a prospective client.
2. Between the lawyer and a present client
3. Between a present client and a prospective client
4. Between a present client and another present client
5. Between a former client and the lawyer, a present or prospective client
6. Conflict of interest involving former government lawyers
Tests to Determine Conflicting Interest
1. Conflicting Duties:
Will the attorney be required to contest for that which his duty to another client requires
him to oppose?
2. Invitation of Suspicion:
Will the acceptance of a new relation invite suspicion and/or actually lead to
unfaithfulness or double-dealing towards another client?
3. Use of Prior Knowledge Obtained:
Will the attorney be called upon in his new relation to use against his former client any
knowledge acquired in the previous employment?
The Court found guilty the respondent on the reason that while he is acting as
complainants counsel, the former prepared the Answer to the Amended Complaint of the
other party from which the complainant filed an action. (Lolita Artezuela vs. Atty. Ricarte
B. Maderazo; A.C No. 4354, April 22, 2002.)
15.02 To be bound by the rule on privileged communication in respect of matters disclosure
to him by a prospective client.
NOTE: Correlate with Canon 21, CPR
Rule on Privileged Communication
General Rule: A lawyer may invoke privilege communication to refuse revealing his clients
confidences and secrets confided to him by such client in the course of professional
employment.
Exceptions:
1. When authorized by the client;
2. When required by law;
3. When necessary to defend the lawyer, his employees or associates;
4. When required by judicial action; and
5. The announcement intention of a client to commit a crime is not included within the
confidences which a lawyer is bound to respect.

Requisites:
1. Existence of attorney and client relationship;
2. The communication must be made by the client to the lawyer;
3. The communication must be made in confidence;
4. The communication must be in the course of professional employment;
5. Consent of the client to a disclosure is withheld; and
6. The communication must be for a lawful purpose or in furtherance of a lawful end.
15.04 With the written consent of all concerned, to act as mediator, conciliator or arbitrator
in setting disputes.
15.05 A lawyer, to give a candid and honest opinion on the merits and probable results of the
clients case when advising his client, neither overstating nor understating the prospects of the
case.
15.06 Not to state or imply that he is able to influence any public official, tribunal or
legislative body.
15.07 To impress upon his client compliance with the laws and the principles of fairness.
15.08 A lawyer who is engaged in another profession or occupation concurrently with the
practice of law shall make clear to his client whether he is acting as a lawyer or in another
capacity.

CANON 16. A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES
OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
16.01 To account for all money or property collected or received for or from the client.
16.02 To keep the funds of each client separate and apart from his own and those of other,
kept by him.
16.03 To deliver the funds and property of his client when due or upon demand. However, he
shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy
his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall
also have a lien to the same extent on all judgments and executions he has secured for his
client as provided for in the Rules of Court.
16.04 Not to borrow money from his client unless the clients interests are fully protected by
the nature of the case or by independent advice. Neither shall a lawyer lend money to a client
except, when in the interest of justice, he has to advance necessary expenses in a legal mater
he is handling for the client.

 The Court ruled that in failing to apply to the filing fee the amount given by the
complainant as evidenced by the receipt issued by the law office of respondent the
later also violated the rule that lawyers must be scrupulously careful in handling money
entrusted to them in their professional capacity. (Dominador P. Urbe vs. Atty. Alberto C.
Magulta; A.M. No. 99-634, June 10, 2002)
ATTORNEYS LIEN
The right of a lawyer to lawfully withhold his clients property (funds or documents) that
lawfully comes to his possession, until payment of attorneys fees.
Limitations on Exercise Of Attorneys Lien
1. The funds retained should have lawfully come into the possession of the lawyer under
circumstances consistent with the enforcement of a lien for services.
2. There is authority to the effect that a lawyer could not retain files that the client needs to
pursue his case.
Kinds Of Attorneys Lien
1. Retaining, General or Possessory Lien
2. Charging, Special, Particular or Non-Possessory Lien
Retaining Lien The right of the lawyer to keep the clients funds, documents, and papers
that has lawfully come to his possession until payment of his lawful fees.
Charging Fee a charging fee is one charged against judgment for the payment of money
and executions, issued in pursuance of such judgments only for security purposes, to effect
payment of an agreed legal fee. It is the same as a charging lien.
Retaining Fee
A fee paid or agreed to be paid to a lawyer,
whose legal services are being retained by
a client

Retaining Lien
The protection of such fee through
retention of funds, documents and papers in
possession of the lawyer.

RETAINING LIEN
1. Nature
Passive lien; it cannot be actively enforced.
It is general lien.
2. Basis
Lawful possession of papers, documents,
property belonging to the client
3. Coverage
Covers only papers, documents and
properties in the lawful possession of the
attorney by reason of his professional
employment.
4. Effect
As soon as the attorney gets possession of
the papers, documents or property

CHARGING LIEN
Active lien; it can be enforced by
execution. It is a special lien.
Securing of a favorable judgment for the
client
Covers all judgment for the payment of
money and execution issued in pursuance
of such judgment.
As soon as the claim for attorneys fees has
been entered into the records of the case.

5. Notice
Client need not be notified to make it Client and adverse party must be notified to
effective.
make it effective.
6. Applicability
May be exercised before judgment or Generally, is exercisable only when the
execution or regardless thereof.
attorney had already secured a favorable
judgment for his client.
7. Extinguishment
When possession lawfully ends when When client loses action, as lien may only
lawyer voluntarily parts with funds, be enforced against judgment awarded in
documents, and papers of client or offers favor of client, proceeds thereof executed
them as evidence.
thereon.
Requisites of Charging Lien
1. Existence of a Client-Lawyer relationship.
2. Favorable judgment secured by the counsel for his client, which is a money judgment.
3. The attorney has a claim for attorneys fees or advances.
4. Noting into the records of the case, through the filing of an appropriate motion, of the
statement of the lawyers claim for attorneys fees with copies furnished to the client and
adverse party.
Limitations on the Exercise of Charging Lien
1. The lien is only to the extent of collecting the attorneys fees upon the action in which the
charging lien is recorded. It does not extend to the protection of attorneys fees in other
cases.
2. The exercise of the lien is limited only in favorable judgments for the payment of money
secured by the lawyer for the client and in the pursuance of such judgments. The lien may
not be exercised upon judgments involving property.

CANON 17. A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18. A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
The client is bound by the acts of his counsel, even his mistake and negligence. In
Producers Bank of the Philippines vs. Court of Appeals, we held that litigants,
represented by counsel, should not expect that all they need to do is sit back, relax and
wait the outcome of their case.(Tan vs. Tan, G.R. No. 133805, 06/29/2004).
Rule 18.01 of the Code is clear. A lawyer shall not undertake a legal service that he is not
qualified to render. Rule 18.02 of the Code provides that a lawyer shall not handle any

legal matter without adequate preparation. He has the duty to prepare for trial with
diligence and deliberate speed. Rule 18.03 of the Code also provides that a lawyer shall
not neglect a legal matter entrusted to him and his negligence shall render him liable. A
compromise or withdrawal of charges does not terminate an administrative complaint
against a lawyer, especially in this misconduct. (Parinas vs Paguinto, A.C. No. 6297, July
13, 2004)
No lawyer is obliged to act either as adviser or advocate for every person who may wish to
become his client. However, once he agrees to take up the cause of client, the lawyer owes
fidelity to such cause and may always be mindful of the trust and confidence reposed in
him. (Cuizon vs. Macalino, Adm. Case No. 4224, July 7, 2004).
18.01 Not to undertake a legal service which he knows or should know that he is not
qualified to render. However, he may render such service if, with the consent of his client, he
can obtain as collaborating counsel a lawyer who is competent on the matter.

A lawyer cannot ask another lawyer to collaborate with him in a particular case without
the consent of the client. The fiduciary nature of attorney-client relationship prohibits
this.

18.02 Not to handle any legal matter without adequate preparation.

18.03 Not to neglect a legal matter entrusted to him and his negligence in connection
therewith shall render him liable.
Effect Of Negligence Of Lawyer To His Client
General Rule: Mistakes or negligence of a lawyer is binding upon the client.
Exceptions:
1. Where adherence thereto results, in outright deprivation of clients liberty or property or
where interest of justice so requires.
2. Where error by counsel is purely technical which does not affect substantially the clients
cause
3. Ignorance, incompetence or inexperience of lawyer is so great and error is so serious that
the client, who has found cause, was prejudiced and denied a day in court.
4. Gross negligence of lawyer
5. Lack of acquaintance with the technical part of procedure.
A lawyer has no authority to waive his clients right to appeal. His failure to perfect an
appeal within the prescribed period constitutes negligence and malpractice.
18.04 To keep client informed of the status of his case and shall respond within a reasonable
time to the clients request for information.
The relationship of lawyer-client being one of confidence, there is ever present the need for
the client to be adequately and fully informed of the developments of the case and should

not be left in the dark as to mode and manner in which his interests are being defended. It
is only thus that the trust and faith in the counsel may remain unimpaired.

CANON 19. A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN
THE BOUNDS OF THE LAW.
19.01 To employ only fair and honest means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten to present unfounded criminal charges
to obtain an improper advantage in any case or proceeding.
19.02 A lawyer who has received information that his client has, in the course of the
representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he shall terminate the relationship with such
client in accordance with the Rules if Court.
19.03 Not to allow his client to dictate the procedure in handling the case.

CANON 20. A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
Courts have the power to determine their reasonableness based on quantum meruit and
to reduce the amount thereof if excessive. (New Sampaguita Builders Construction Inc, et al.
vs. Philippine National Bank, G. R. No. 148753 07/302004).
20.01 To be guided by the following factors in determining his fees:
a. The time spent and the extent of the services rendered or required;
b. The novelty and difficulty and difficulty of the questions involved;
c. The importance of the subject matter;
d. The skill demanded;
e. The probability of losing other employment as a result of acceptance of the
proffered case;
f. The customary charges for similar services and the schedule of fees of IBP
chapter to which he belongs;
g. The amount involved in the controversy and the benefits resulting to the
client from the service;
h. The contingency or certainty of compensation;
i. The character of the employment, whether occasional or established; and
j. The professional standing of the lawyer.
20.02. To be entitled to a division of fees in proportion to the work performed and

responsibility assumed in cases of referral with the consent of the client.

20.03 Not accept any fee, reward, costs, commission, interests, rebate or forwarding
allowance or other compensation whatsoever related to his professional
employment from anyone other than the client without the full knowledge and
consent of the client.
20.04 A lawyer shall avoid controversies with clients concerning his compensation and
shall resort to judicial action only to prevent imposition, injustice or fraud.
With regard to professional fees, the proper time to deal with this delicate issue is
upon the commencement of the lawyer-client relationship. A lawyer is entitled to
the protection of the courts against any attempt on the part of the client to escape
payment of legitimate attorneys fees. However, such protection must be sought
at the expense of truth. (Silva Vda. De Fajardo vs. Buganing, A.C. no. 5113,
October 7, 2004)
When Counsel Cannot Recover Full Amount Despite Written Contract For
Attorneys Fees
1. When the service called for was not performed as when the lawyer withdrew
before the case is finished. He will be allowed only reasonable fees.
2. When there is a justified dismissal of the attorney, the contract will be nullified and
payment will be on the basis of quantum meruit only. A contrary stipulation will be
invalid.
3. When the stipulated attorneys fees are unconscionable that is, when they are so
disproportionate compared to the value of services rendered and is revolting to human
conscience.
4. When the stipulated attorneys fees are excess of what is expressly fixed by law.
5. When the lawyer is guilty of fraud or bad faith toward his client in the matter of his
employment.
6. When the counsels services were worthless because of his negligence.
7. When the contract is illegal, against morals or public policy.
8. Serving adverse interest unless lawyer proves he acted with the consent of both parties.
Kinds of Attorneys Fees Arrangement
1. Hourly rate
2. Fixed cash fee
3. Contingent fee
4. Acceptance cash fee plus contingent fee
5. General retainer fee
6. Special retainer fee
Contingent Fee A fee, usually a fixed percentage of what may be recovered in the action, is
made to depend upon the success of the litigation.
Quantum Meruit

The term literally means as much as he has deserved, considering the reasonable value of
the lawyers services.

When Attorneys Fees Are Awarded On a Quantum Meruit Basis

1. Where the fees stipulated appear excessive, unconscionable and unreasonable.
2. Where a lawyer withdraws with justifiable cause, he may be allowed to recover the
reasonable value of services already rendered.
3. Where there is no express contract.
4. Where the contract of employment is void because of some irregularity in its execution or
as to purely formal matters.
5. There is an agreement to pay attorneys fees but the amount has not been agreed upon.
Attorneys Fees Where Client Withdraws
If the contract between client and attorney has been reduced into writing and the dismissal of
the attorney was without justifiable cause, he shall be entitled to recover from the client the
full compensation stipulated in the contract.
Attorneys Fees Where Counsel Withdraws
Where an attorney withdraws he should be entitled to recovery on a quantum meruit basis. If
the withdrawal is unjustified, attorneys fees may be forfeited.
Rationale for Allowing Contingent Fee Contracts
A contingent fee contract is often the only way by which the poor and helpless can have their
rights vindicated and upheld. Contract for contingent fee is not prohibited by Art. 1491 of the
New Civil Code and Canon 13 of the Canons of Professional Ethics.
Requisites for Contingent Fee Arrangements
1. In writing;
2. State the method for computing the fee, whether on a fixed or percentage basis;
3. If on a percentage basis, identify the expenses to be deducted from the recovery, and
whether they are deducted before or after lawyers percentage is collected;
4. Be followed up after the case with a written statement accounting for disposition of the
recovery; and
5. If to be paid despite amicable settlement, state how much.
CHAMPERTOUS CONTRACT
One whereby the attorney agrees to prosecute suits at his own expense for the recovery of
things or property belonging to or claimed by the client, the latter agreeing to pay the
former a portion of the thing or property recovered as compensation.

Champertous contracts are prohibited because they are against public policy and the
ethics of the profession. The lawyer becomes a party litigant instead of an advocate for a
client. This is so because of his personal interest in the property resulting from the
champertous contract.

CHAMPERTOUS CONTRACTS
CONTINGENT FEE
The lawyer undertakes to bear all
Not
expenses incidental to the litigation
Payable only in kind, out of the
May be paid in cash
properties recovered
Void as against public policy and
Valid
Professional Ethics
Instances When A Lawyer May Divide A Fee for Legal Services With Persons Not
Licensed to Practice Law
1. Where there is a pre-existing 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 the persons
specified in the agreement.
2. Where a lawyer undertakes to complete the unfinished legal business of a deceased
lawyer.
3. Where a lawyer or law firm includes no-lawyer employees in retirement plan, even if the
plan is based in whole or in part, on the profit sharing agreement. [See Rule 9.02,CPR]
When An Independent Civil Action to Recover Attorneys Fees is Necessary:
1. The main action is dismissed or nothing is awarded.
2. The court had decide that it has no jurisdiction over the main litigation or has already lost
it.
3. The person liable for attorneys fees is not a party to the main action.
4. The court reserved to the lawyer the right To file a separate civil suit for recovery of
attorneys fees.
5. The subject services are not connected with the subject litigation
6. The judgment debtor has fully paid all of the judgment proceeds to the judgment creditor
and the lawyer has not taken any legal step to have his fees paid directly to him from the
judgment proceeds.
Assumpsit the action filed by a lawyer against his client for collection of attorneys fees
RULE OF ACCEPTANCE OF FEES
General Rule: A lawyer shall accept fees only from client.
Exemptions: A lawyer may with the full knowledge and consent of the client, accept any fee,
reward, costs, commission interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from any one other than his client.
CANON 21. A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF
HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Rationale: To encourage client to tell all about the facts of the case.

An attorney cannot, without the consent of his client, be examined as to any communication
made by the client to him, or his advice given thereon . in the course of professional
employment; nor can an attorneys secretary, stenographer, or clerk be examined, without the
consent of the client and his employees, concerning any fact the knowledge of which has
been acquired in such capacity.[ Rule 130, sec. 21(b) Rules of Court]

The mere establishment of a client-lawyer relationship does not raise a presumption

of confidentiality. There must be intent or that the communication relayed by the
client to the lawyer be treated as confidential.
21.1 Not to reveal the confidences or secrets of his client except:
a. When authorized by the client after acquainting him of the consequences of
the disclosure:
b. when required by law;
c. When necessary to collect his fees or to defend himself, his employees or associates
or by judicial action.
Obligation to keep secrets covers only lawful purposes and does NOT INCLUDE:
1. Announcements of intention of a client to commit a crime.
2. Client jumped bail and lawyer knows his whereabouts; or client is living
somewhere under an assumed name.
3. Communication involves the commission of future fraud or crime but
crimes/frauds already committed falls within the privilege.
21.2

21.3
21.4
21.5
21.6
21.7

Not to use information acquired in the course of employment to the disadvantage

of his client nor shall he use the same to his own advantage or that of a third
person, unless the client with the full knowledge of the circumstances consents
thereto.
Nor to give information from his files to an outside agency seeking such
information for auditing, statistical, bookkeeping , accounting, data processing
or any similar purposes without the written consent of his client.
May disclose the affairs of a client of the firm to partners or associates thereof
unless prohibited by the client.
To adopt such measures as may be required to prevent those whose services are
utilized by him, from disclosing or using confidences or secrets of the client.
To avoid indiscreet conversation about a clients affairs even with the members
of his family.
Not to reveal that he has been consulted about a particular case except to avoid
possible conflict of interest.

The rule of privilege communication also applies to prospective clients.

CANON 22.

A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD

CAUSE
AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.

o An attorney may only retire form the case either by a written consent of his client or
by permission of the court after due notice and hearing, in which event the attorney
should see to it that the name of the new attorney is recorded in the case. (De Juan vs.
Baria III, Adm. Case no. 5817/05/27/2004)
22.01 A lawyer may withdraw his services in any of the following cases:
a. When the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling;
b. When the client insists that the lawyer pursue conduct violative of these canons
and rule;
c. When his inability to work with co-counsel will not promote the best interest of the
client;
d. When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
e. When the client deliberately fails to pay the fees for the services or fails to comply
with the retainer agreement;
f. When the lawyer is elected or appointed to a public office, and
g. Other similar cases
22.02 A lawyer who withdraws or is discharged shall, subject to a retaining lien,
immediately turn over all papers and property to which the client is entitled, and shall
cooperate with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.
Rules on Withdrawal of Counsel
General Rule: Withdrawal of counsel is not allowed
Exceptions:
1. Withdrawal WITH CONSENT of the client
a. by the written consent of his client
b. filed in the court
c. served upon the adverse party
2. Withdrawal WITHOUT clients CONSENT
-With permission of the court
Kinds of Withdrawal By Lawyer
1. When there is a duty to withdraw
2. Permissive withdrawal.
Rules on the Substitution of Counsel
General Rule: No substitution of attorneys will be allowed.
Exceptions: Substitution is allowed when the following requisites are present:
1. written request for such substitution;

2. written consent of the client to the substitution;

3. written consent of the attorney to be substituted, if such consent can be obtained ; and
4. in case such written consent cannot be procured, there must be filed, with the
application for substitution, proof of the service of notice of such motion in the manner
required by the rules on the attorney substituted.

Relationship of attorney-client does not terminate formally until there is withdrawal

of record.

When Attorney-Client Relationship May Be Terminated

1. Upon initiative of the client (discharge of lawyer);
2. Upon initiative of the lawyer (withdrawal of lawyer); and
3. By the death of either the attorney or client.
Rules Upon Death of the Client
General Rule: The relationship of the attorney and client is terminated by the death of the
client.
Exceptions:
1. When the contract for the lawyers services is until rendition of judgment;
2. When the lawyers fees are on a contingent basis; and
3. When the lawyers appearance is coupled with an interest.
DUTY OF COUNSEL UPON DEATH OF A PARTY TO A CASE
1. To inform the court within thirty (30) days after such death of the fact thereof; and
2. To give the name and address of his legal representative or representatives.

DISCIPLINE OF LAWYER
The lawyer who violates these obligations could be called to task either through:
1. Disciplinary action
2. Criminal action
3. Damage suit
4. Contempt
DISCIPLINARY ACTION
An inherent power of the courts to correct the alleged misconduct of the lawyers.
General Basis for Imposing Disciplinary Action

1. Rigid standards of mental fitness

2. Maintenance of the highest degree of morality, and
3. Faithful compliance with the rules of the legal profession.
Kinds of Disciplinary Action
1. Warning
2. Reprimand or Censure
3. Admonition
4. Fine
5. Suspension
6. Disbarment
7. Contempt
8. Imprisonment
WARNING
A statement put forth to a lawyer, that any similar or other infraction of ethical or other
required conduct would be visited with a higher or more serious penalty.
Ordinarily, it is not considered as a penalty. However, there is authority that a warning
is not considered as an administrative penalty.
REPRIMAND OR ADMONITION
The censure imposed by the court where the extent of the wrong is very small and the
degree of culpability of the lawyer is very slight. It is also imposed where the conduct of a
lawyer falls short of the exacting standard of candor and fairness required to be observed
by them.
WARNING
An act or fact of putting one
on his guard against an
impending danger, evil
consequences or penalties

ADMONITION
Gentle or friendly reproof,
mild rebuke, warning or
reminder counseling on a
fault, error or oversight, and
expression of authoritative
advice or warning.

Not considered a penalty

Not considered a penalty

REPRIMAND
More severe nature and has
been defined as a public and
formal censure or severe
reproof administered to a
person in fault by his
superior officer or a body to
which he belongs
More than just a warning or
admonition

FINE
The pecuniary punishment which courts impose against a miscreant lawyer. It is
imposed in accord with criminal violations of the law or as a consequence of the
contempt power of courts.
SUSPENSION
The act of the court prohibiting an attorney from practicing law for a certain definite
period. The Supreme Court may impose the penalty of indefinite suspension.

DISBARMENT
The act of the court in withdrawing from an attorney the right to practice law

Disbarment is the most severe form of disciplinary sanction. The power to disbar must
always be exercised with great caution, for only the most imperative reasons, and in
clear cases of misconduct affecting the standing and moral character of the lawyer as
an officer of the court and a member of the bar. Accordingly, disbarment should not be
decreed where any punishment less severe such as a reprimand, suspension, or fine
would accomplish the end desired. (Buado, et al., vs. Layag, AC No. 5182,
08/12/2004).
A lawyer may be disciplined for any conduct, in his professional or private capacity
that renders him unfit to continue to be an officer of the court. (Vda. De espino vs.
Presquito, A.C. No. 4762, 06/28/2004)
Administrative complaints for disbarment are referred to the IBP for formal
investigation by the Court after an evaluation by it of the pleadings submitted. An exparte investigation may only be conducted when the respondent fails to appear despite
reasonable notice. In this case, it would appear that no investigation, not even just an
ex-parte investigation, was conducted by the Commission on Bar Discipline.
The court must call for the due observance of the foregoing rules, and it is thus
contained to remand the case to the IBP for further proceedings. (Sitaca vs.
Palomares, Adm. Case No. 5285 No. 04/14/2004).

While she claimed that she was not immoral as she was then single and never has any
other affair with any other man except her husband, she admitted that she continued
to cohabit with him despite her knowledge of his previous marriages.
Indeed, disgraceful and immoral conduct is a grave offense that cannot be
countenanced. (Ratti vs. Mendoza-De Castro, A.M. No. P-04-1844, 07/23/2004).

Jurisdiction Over Disciplinary Actions

1. The authority and responsibility over the:
a. Admission;
b. Suspension;
c. Disbarment; and
d. Reinstatement of attorneys-at-law is vested in the Supreme Court.
2. All courts have the inherent power to subject lawyers to the disciplinary action of:
a. Reprimand;
b. Warning;
c. Admonition;
d. Fine; or
e. Contempt.
3. Only the Supreme Court, the Court of Appeals and Regional Trial Courts could
SUSPEND lawyers.
How Proceedings May Be Instituted

1. By the Supreme Court motu proprio,

2. By the IBP upon verified complaint of any person; and
3. The IBP Board of Governors may file;
a. motu proprio ;
b. upon referral by the Supreme Court;
c. upon referral by a Chapter Board of officers.

Nature of Proceedings
1. NOT a civil action because there is no plaintiff and no respondent
2. NOT a criminal prosecution because it is not meant as a punishment depriving him of
source of livelihood but is rather those who exercise the function should be competent,
honorable and reliable so that public may repose confidence in them.
3. Judicial proceeding (sui juris) because it is an investigation by the court about the
misconduct of officer.
4. Confidential in nature.
NOTE: - Complainant cannot pray for damages because this is not a civil action but a
sui juris.
Disciplinary proceedings against lawyers involve no private
interest and afford no
redress for private grievance.
(FLORENCIA M.
SOMOSOT VS. ATTY. ELIAS A.
FONTEVEDRA, A.C.No. 4285, May
2006)
Who May File Complaint for Disbarment
ANYONE. The right to institute a disbarment proceeding is not confined to clients nor it is
not necessary that the person complaining suffered injury from the alleged wrongdoing.
NOTE: - Even an anonymous complainant or concerned citizens can initiate the
proceeding,
subject to SCs verification in a fact-finding
investigation (RE: LETTERCOMPLAINT
OF
CONCERNED CITIZENS AGAINST SOLICITOR
GENERAL
AGNES VST.
DEVANADERA, ATTY. ROLANDO FALLER, and
ATTY.
SANTIAGO VARELA, A.M. No. 07-11-13-SC, June 30, 2008; by
analogy - ANONYMOUS LETTER-COMPLAINT AGAINST SUSANA
CARDOZO,
CLERK III, REGIONAL TRIAL COURT, BRANCH 44,
DAGUPAN CITY, A.M.
No. P-06-2143, June 12, 2008)
PERIOD FOR FILING
General rule:
A compliant to initiate disbarment proceedings may be filed anytime.
Exception: Where disbarment depends alone on or necessarily requires prior conviction
and
the institution of criminal proceedings instituted after a long time from
the commission
of the act compliant of are regarded with disfavor.

Officers Authorized To Investigate Disbarment Cases

1. IBP
2. Solicitor general
3. Any officer of the Supreme Court; and
4. Judge of lower court
Burden of Proof
Burden of proof rests upon the complainant, and for the court to exercise its discretion its
disciplinary powers, the case against the respondent must be established by clear, convincing
and satisfactory proof. Clear and preponderant evidence is necessary to justify the imposition
of administrative penalty.
Characteristics of Disbarment proceedings
1. Neither civil or criminal proceeding;
2. The defense of double jeopardy is not available:
3. It can be initiated motu proprio by the SC or the IBP. It can be initiated without a
complaint or by an anonymous complainant/concerned citizens;
4. It can proceed regardless of interest of complainants;
5. It is imprescriptible;
6. Conducted confidentially until its final determination; and
7. It is itself due process of law.
Disbarment Proceedings Initiated in the IBP
1. Investigation by an investigator or a panel of three
2. Submission of a report containing findings of fact and recommendations to IBP
3. Review by the IBP Board of Governors the record of case and all evidence presented.
4. If the IBP Board of Governors determines that respondent attorney should be
suspended from the practice of law or be disbarred, it shall issue a resolution setting
forth its findings and recommendations and transmits this together with the whole
record of the case to the Supreme Court for final action
5. If the board determines that respondent attorney should be exonerated, or that, if
guilty, the sanction that must be imposed must be less than suspension, it shall issue a
decision. In the latter case, if no petition is filed by complainant or other interested
parties within fifteen days of notice of decisions with the Supreme Court , and the
Supreme Court does not order otherwise, the IBP Board of Governors decision shall
be final and the case shall be deemed terminated.
Disbarment Proceedings Initiated In The Supreme Court
1. Case is referred for investigation report with recommendation.
2. After investigation, Solicitor General, officer of the supreme Court , or judge of the
lower court submits to the Supreme Court a report containing findings of act and
recommendation , together with the record and all evidence presented for automatic
review and final action of the Supreme Court.

Effects of Disbarment
1. It deprives a person of the right to practice as an attorney-at-law
2. The attorneys name is stricken out from the role of attorney
3. He ceases to be a member of the bar.
4. Losses all the rights, privileges and prerogatives af an attorney-at-law for all time
unless readmitted anew to the Bar.
Effects of Pardon during Pendency in a Disbarment Proceeding
Dismissal of the case on that sole basis will depend on whether the executive pardon is
absolute or conditional. If the pardon is absolute or unconditional, the disbarment case will
be dismissed. However , if the executive pardon is conditional, the disbarment case will not be
dismissed on the basis thereof.
An absolute pardon by the president is one that operates to wipe out the conviction as well
as the offense itself. The grant thereof to ma lawyer is a bar to a proceeding for disbarment
against him, if such proceeding is based SOLELY on the fact of such conviction.(In re:
Parcasion,69 SCRA 336)
Where the proceeding to disbar is founded on the professional misconduct involved in the
transaction which culminated in his conviction, the effect of the pardon is only to relieve him
to the penal consequences of his act and does not operate as a bar to the disbarment
proceeding, in as much as the criminal acts may nevertheless constitute proof that the
attorney does not possess good moral character. (In re: Lontoc, 43 Phil 293)
The lawyer was granted only conditional pardon. Such conditional pardon merely relieved
him of the penal consequences of his act but did not operate as a bar to his disbarment. Such
pardon does not reach the offence itself. Hence, it does not constitute a bar to his disbarment.
(In re: Gutierrez, 5 SCRA 661)
Effects Of Dismissal of Judgment
In the absence of convincing or clearly preponderant evidence, disbarment case against
him should be dismissed. However, the court can still impose conditions despite dismissal of
disciplinary action against him, if the facts so warrant and in the event the lawyer fails to
comply with such condition, it may suspend or disbar him for disobedience of its order.
TWO KINDS OF SUSPENSION
1. As a penalty
2. As a measure of prevention, in preventive suspension
Preventive Suspension
An order temporarily preventing a lawyer accused of committing any of the grounds for
suspension or disbarment from further degrading the legal profession and/or inflicting
harm upon the community.

Effect: The attorney shall not practice his profession until further action of the Supreme
Court.

Grounds For Suspension or Disbarment in General

1. Acts committed PRIOR to admission to practice and incompetence as to qualifications
because of:
a. Citizenship
b. Age
c. Good moral character
d. Residence
e. Education
f. Passing the Bar examination
2. Acts committed AFTER admission to practice
a. Deceit
b. Malpractice
c. Grossly immoral
d. By reason of his conviction of a crime involving moral turpitude
e. For any violation of the oath which he is required to take before admission to practice
f. For willful disobedience of any lawful order of superior court, or
g. For corruptly or willfully appearing as attorney for a party to a case without authority
to do so
Requisites Before Acts Committed Prior To Admission May Be A Ground
1. The act must be so corrupt or false as to constitute a criminal act.
2. The act must be so unprincipled as to be reprehensible to a high degree.
3. The act must be established by clearly preponderant evidence.
Deceit a fraudulent and deceptive misrepresentation, artifice of device used by one or more
persons to deceive and trick another, who is ignorant of the true facts to the prejudice and
damage of the party imposed upon. There must be false representation as to matter of fact.
MALPRACTICE - Refers to any malfeasance or dereliction of duty committed by a lawyer.
LEGAL MALPRACTICE - Pertains to the failure of an attorney to use such skill, prudence
and diligence as lawyers of ordinary skill and capacity commonly possess and exercise in the
performance of tasks which they undertake, and when such failure proximately causes
damage, it gives rise to an action in tort.
GROSSLY IMMORAL CONDUCT That conduct which is willful, flagrant or shameless
and which shows a moral indifference to the opinion of the good and respectable members of
the community.

Mere intimacy between a lawyer and a woman with no impediment to marry each
other who voluntarily cohabited and had two children, is neither so corrupt as to
constitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary
action against the man as a member of the bar. (Arciga vs. Maniwang. 106 SCRA 591)

MORAL TURPITUDE It imports an act of baseness, vileness or depravity in the duties

which one person owes to another or to society in general, which is contrary to the usual
accepted and customary rule of right and duty which a person should follow.
WILLFUL DISOBEDIENCE OF ANY LAWFUL ORDER OF SUPERIOR COURT
The resistance or defiance to the order of the court must be willful.

A lawyer who is directed to do something such as to surrender records, to appear as

counsel de oficio, to comment on a matter pending in court, may be disciplined for
willful disobedience of the order.(Santos vs. CA, 198 SCRA 806)

Breach of Duties To Court

1. Obstructing administration of justice
2. Misleading the court as knowingly making false allegation in pleadings, misquoting text
of documents, suppressing material facts
3. Filing or prosecuting false charges.
4. Introducing false evidence
5. Willfully disobeying court orders
6. Using vicious or disrespectful language
7. Continue to practice after suspension
Breach Of Duties to Client
1. Negligence in performance of duties
Requisites:
a. Negligent carelessness which must be gross in character.
b. Caused material prejudice to client

Mere negligence, without pecuniary damages, justifies only reprimand or censure

except when breach of duty to client is a gross violation of obligation to court.

2. Employment of unlawful means

3. Deceit or misrepresentation
Requisites:
a. Bad faith on the part of the lawyer
b. Material damage to client
4. Representing adverse interest and revealing clients secrets
5. Purchase of clients property in litigation
Requisites:
a. Lawyer is counsel for client at the time he acquired the same
b. By himself or thru another
c. During pendency of litigation
6. Failing to account or misappropriation of clients property
7. Collecting unreasonable fees
8. Acting without authority
9. Willfully appearing without being retained

Breach Of Duties to the Bar

Unethical conduct or unprofessional conduct. That which violates rules or ethical code of
legal profession.
Breach of Duties to Colleague
1. Defaming fellow lawyer;
2. Encroaching upon business of another;
3. Soliciting business;
4. Advertising

PROCEDURE FOR SUSPENSION OR DISBARMENT OF ATTORNEYS (RULE 139B) BY THE SUPREME COURT MOTU PROPIO

SUPREME COURT
REFERS THE CASE
TO AN INVESTIGATOR
(POSSIBLE INVESTIGATORS:
Solicitor General, any Officer of the
Supreme Court, or any Judge of a
lower court)

NOTICE TO THE RESPONDENT

RESPONDENTS ANSWER
(Must be served within
15 days from notice)

INVESTIGATION

INVESTIGATORS REPORT
Submitted not later than 30 days
from termination of investigation.
(Contains: Findings of facts,
Recommendation to Disbar/
Suspend/Dismiss)

SUPREME COURT
(For Review and Final Action)
PROCEDURE FOR SUSPENSION / DISBARMENT OF ATTORNEYS BY THE IBP

BY IBP MOTU PROPIO

OR
BY A VERIFIED COMPLAINT
TO THE IBP
(Complaint must be in writing
and shall state the facts
complained of)

APPOINTMENT OF AN
INVESTIGATOR and NOTICE
TO RESPONDENT

RESPONDENTS ANSWER
(Must be served within 15 days
from notice)

INVESTIGATION
1. Investigator may issue
subpoenas.
2. Provide respondent with
opportunity to be heard.
3. May proceed with
investigation ex parte
should respondent be
unable to comply

INVESTIGATORS REPORT
Submitted not later than 30 days
from termination of investigation.
(Contains: Findings of facts,
Recommendation to Disbar/
Suspend/ Dismiss)

SUPREME COURT
(Decision)

DEFENSES
GENERAL DEFENSES: The Statute of Limitations is not a defense in disciplinary
proceedings. Circumstances that facts set up as ground for disbarment constitute crime, the
prosecution for which in a criminal action is barred by prescription.
Exception: The fact that a considerable length of time has lapsed from the date the
misconduct took place on the date the complaint for disbarment was filed may indicate
ulterior motive on the part of complainant or innocence on the part of respondent
Modifying Circumstance
Extent of disciplinary action depends on attendance of mitigating or aggravating
circumstance.
Mitigating Circumstances
1. Good faith
2. Want of intention to commit wrong
3. Lack of material damage to complainant
4. Desistance of complainant
5. Youth and inexperienced in bar, etc.
Aggravating Circumstances
1. Abuse of authority or of attorney-client relationship
2. Sexual intercourse with LLB relative

3. Making institution of marriage a mockery

4. Charge of gross immorality
5. Lawyer previously dismissed as member of bar
DESISTANCE OF COMPLAINANT
General Rule: Desistance or withdrawal of charges against lawyer does not deprive the court
of authority to proceed.
Exception: When as a consequence of withdrawal or desistance, no evidence adduced to
prove charges, in which case court dismisses case.
Test: Whether on the basis of the facts borne out by record, charges against respondent have
been proved.
RULES ON REINSTATEMENT
Authority To Reinstate
The SCs power to admit or remove stems from the constitutional prerogative to issue
rules and regulations concerning admission to practice of law.
Factors Taken Into Account In Reinstatement
1. Character or standing prior to disbarment
2. Nature or character of misconduct for which he is disbarred
3. Conduct subsequent to disbarment
4. Efficient government service
5. Time that elapsed between disbarment
6. Application for reinstatement & circumstances that hes been punished
7. Application, appreciation or significance of his dereliction
8. Assurance that he now possesses probity & integrity
9. Favorable indorsement of IBP, pleas of loved ones.
Effects of Reinstatement
1. Recognition of moral rehabilitation and mental fitness to practice law
2. Subject to same law, rules & regulations as those applicable to any other lawyer
3. Comply with condition imposed on his readmission
RULES IN CASE OF CONTEMPT OF COURT
Contempt of Court
It is exercised on preservation and not on vindictive principle and on corrective rather than
retaliatory idea of punishment, for purposes that are impersonal (criminal in nature).
It is essential in the observance of order in judicial proceedings and enforcement of
judgment.
Kinds of Contempt:

1. Direct consists of misbehavior in the presence of or so near a court or judge as to

interrupt or obstruct the proceedings before the court or the administration of justice;
punished summarily.
2. Indirect one committed away from the court involving disobedience of or resistance to a
lawful writ, process, order, judgment or command of the court, or tending to belittle,
degrade, obstruct, interrupt or embarrass the court.
3. Civil failure to do something ordered by the court which is for the benefit of a party.
4. Criminal any conduct directed against the authority or dignity of the court.

The exercise of the power to punish contempt has a twofold aspect, namely
(1) the proper punishment of the guilty party for his disrespect to the court or its order;
and
(2) to compel his performance of some act or duty required of him by the court which he
refuses to perform.
Acts of Lawyer Constituting Contempt
1. Misbehavior as officer of court
2. Disobedience or resistance to court order
3. Abuse or interference with judicial proceedings
4. Obstruction in administration of justice
5. Misleading courts
6. Making false allegation, criticisms, insults, veiled threats against the court
7. Aiding in unauthorized practice of law (suspended or disbarred)
8. Unlawful retention of clients funds
Procedure For Contempt Proceedings
1. The corresponding charge shall be filed by the investigator before the IBP Board of
Governors which shall require the alleged contemnor to show cause within the (10)
days from notice.
2. The IBP Board of Governors may thereafter conduct hearings, if necessary, in
accordance with the procedure set forth in this Rule for hearings before the
investigator.
3. Such hearing shall as far as practicable be terminated within fifteen (15) days from its
commencement.
4. Thereafter, the IBP Board of Governors shall issue a resolution setting forth its
findings and recommendations which shall forthwith be transmitted to the Supreme
Court for final action and if warranted, the imposition of penalty.

RULES CONCERNING NOTARY PUBLIC

2004 RULES ON NOTARIAL PRACTICE
(A.M. No. 02-8-13-SC)

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

a) A notary public is empowered to perform the following notarial acts:
1) Acknowledgement;
2) Oaths and affirmations;
3) Jurats;
4) Signature witnessing;
5) Copy certifications;
6) Any other act authorized by these Rules;
b)
A notary public is authorized to certify the affixing of a signature by thumb or other mark
on an instrument or document presented for notarization if:
1) The thumb or other mark is affixed in the presence of the notary public and of two (2)
disinterested and unaffected witnesses to the instrument or document;
2) Both witnesses sign their own names in addition to the thumb or other mark;
3) The notary public writes below the thumb or other mark; and
4) The notary public notarizes the signature by thumb or other mark through an
acknowledgement, jurat, or signature witnessing.
(c) A notary public is authorizes to sign on behalf of a person who is physically unable to sign or make
a mark on an instrument or document if:
1) The notary public us directed by the person unable to sign or make a mark to sign on his
behalf;
2) The signature of the notary public is affixed in the presence of two disinterested and
unaffected witnesses to the instrument or document;
3) Both witnesses sign their own names;
4) The notary public witness below his signature. Signature affixed by notary in presence of
(names and addresses of person and two (2) witnesses); and
5) The notary public notarizes his signature by acknowledgement or jurat.
Prohibitions Against Notary Public
a) A notary public shall not perform a notarial act outside his regular place of work or business,
provided, however, that on certain exceptional occasions or situations, a notarial act may be performed
at the request of the parties in the following sites located within his territorial jurisdiction:
1) Public offices, convention halls, and similar places where oaths of office may be administered;
2) Public function areas in hotels and similar places for the signing or instruments or documents
requiring notarization;
3) Hospitals and other medical institutions where a party to an instrument or document is
confined for treatment; and
4) Any place where a party to an instrument or document requiring notarization is under
detention.
b) A person shall not perform a notarial act if the person involved as signatory to the instrument or
document is:
1. Not in the notarys presence personally at the time of the notarization; and
2. Not personally known to the notary public or otherwise identified by the notary public through
competent evidence of identity as defined by these Rules. (Sec. 2)
Disqualifications
A notary public is disqualified from performing a notarial act if he:
1) Is a party to the instrument or document that is to be notarized;
2) Will receive, as a direct or indirect advantage, right, title, interest, cash, property, or other
consideration, except as provided by these Rules and by law; or

3) Is a spouse, common-law partner, ancestor, descendant or relative by affinity or, consanguinity

of the principal within the fourth civil degree. (Sec. 3)
Revocation of Commission And Disciplinary Sanctions
a) The executive Judge shall revoke a notarial commission for any ground on which an application for
a commission may be denied.
b) In addition, the Executive Judge may revoke the commission of, or impose appropriate
administrative sanctions upon, any notary public who;
1) Fails to keep a notarial register;
2) Fails to make the proper entry or entries in his notarial acts;
3) Fails to send the copy of the entries to the executive judge within the first ten (10) days of the
month following;
4) Fails to affix acknowledgements the date of expiration of is commission;
5) Fails to submit his notarial register, when filled to the executive judge;
6) Fails to make his report, within a reasonable time, to the executive judge concerning the
performance of his duties, as may be required by the judge;
7) Fails to require the presence of a principal at the time of the notarial act;
8) Fails to identify a principal on the basis of personal knowledge or competent evidence;
9) Executes a false or incomplete certificate under section 5, Rule IV;
10) Knowingly performs or fails to perform any other act prohibited or mandated by these rules;
and
11) Commits any other dereliction or act which in the judgment of the executive judge constitutes
good cause for revocation of commission or imposition of administrative sanction.
c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be
required to file a verified answer to the complaint.
If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary
hearing. If the allegations of the complaint shall be dismissed. If the charges are duly established, the
Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved
party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing
disciplinary sanctions shall be immediately executory, unless otherwise ordered by the Supreme Court.
c)

The Executive Judge may motu proprio initiate administrative proceedings against a
notary public, subject to the procedures prescribed in paragraph (c) above and impose the
appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and
(b). (Rule XI, Sec. 1)

Power And Duties of A Notary Public

To keep notarial register;
1. To make the proper entry or entries in his notarial register touching his notarial acts in their
manner required by the law.
2. To send of the entries to the proper clerk of court within the first 10 days of the month next
following.
3. To affix to the acknowledgements the date of expiration of his commission, as required by
law.
4. To forward his notarial register, when filled to the proper clerk of court.
5. To make report, within a reasonable time, to the proper judge concerning the performance of
his duties, as may be required by such judge.
6. To make the proper notation regarding residences.

Extent of Jurisdiction Of A Notary Public

The jurisdiction of a notary public in a province shall be co-extensive with the province. The
jurisdiction of a notary public in the City of Pasay shall be co-extensive with the said city. Notary shall
not possess authority to do any notarial act beyond the limits of his jurisdiction.
Who Can Revoke His Notarial Commission
The notarial commission may be revoked by the Executive Judge of the Regional Trial
Court who issued the commission or by the Supreme Court itself.

Notarization of a private document converts the document into a public one making it
admissible in court without further proof of its authenticity. Indeed, it creates real rights.

DOCTRINE OF RES IPSA LOQUITUR

The thing speaks for itself. Rebuttable presumption or inference that defendant was negligent,
which arises upon proof that instrumentality causing injury was in defendants exclusive control,
and that the accident was one which ordinarily does not happen in absence of negligence.

This principle or doctrine applies to both judges and lawyers.

Judges had been dismissed from the service without need for a formal investigation because
based on the records, the gross misconduct or inefficiency of the judges clearly appears. (Uy vs.
Mercado, 154 SCRA 567)

JUDICIAL ETHICS
Judicial ethics is that branch of moral science which treats of the right and proper conduct to be
observe by all judges and magistrates in trying and deciding controversies brought to them for
adjudication which conduct must be demonstrative of impartiality, integrity, competence,
independence and freedom from improprieties. The freedom from improprieties must be observed
even in the judges private life being the visible representation of the law.

Sources of Judicial Ethics

1. Code of Judicial Conduct
2. Constitution
3. New Civil Code
4. Revised Rules of Court
5. Revised Penal Code
6. Anti-Graft and Corrupt Practices Act
7. Canons of Judicial Ethics
8. Code of Professional Responsibility
9. Judiciary Act of 1948
10. Judiciary Reorganization Act of 1930
11. Supreme Court Decisions
12. Foreign Decisions
13. Opinions of Authorities
14. Other Statues
15. SC Circulars
16. Code of Conduct and Ethical Standards for Public Officials and Employees
QUALIFICATIONS OF SC AND CA JUSTICES
1. Natural born citizen of the Philippines
2. At least 40 years of age
3. Must have been for 15 years or more a judge of the lower court OR engaged in the practice of
law. (Sec. 7(1), Art. VIII, 1987 Constitution)
4. Must be a person of proven competence, integrity, probity and independence (Sec. 7(3), Art.
VIII, 1987, Constitution)
QUALIFICATIONS OF MTC JUDGES
1. Natural born citizens of the Philippines
2. At least 30 years of age
3. For at least 5 years had been engaged in the practice of law in the Philippines requiring
admission to the practice of law as an indispensable requisite. (Sec. 26, Art. VIII, 1987
Constitution)

JUDICIAL OBLIGATIONS OF A JUDGE IN GENERAL UNDER THE CANONS OF

JUDICIAL ETHICS
1. A judges conduct should be above reproach;
2. In the discharge of his judicial duties he should be conscientious, studious, thorough,
courteous, patient, punctual, just, impartial, fearless of public clamor;
3. Regardless of private influence, he should administer justice according to law and should deal
with the patronage of the position as a public trust; and
4. He should not allow outside matters or his private interest to interfere with the proper
performance of his office.

SUMMARY OF JUDICIAL OBLIGATIONS UNDER THE CODE OF JUDICIAL CONDUCT

1. A judge should uphold the integrity and independence of the judiciary;

2. A judge should avoid the appearance of impropriety in all activities;
3. A judge should perform official duties honestly, and with impartiality and diligence;
4. A judge may, with due regard to official duties, engage in activities to improve the law, the
legal system and the administration of justice; and
5. A judge should regulate extra-judicial activities to minimize the risk of conflict with his
judicial duties.

The observance of the Canon of Judicial Ethics does not end at the close of office hours nor is
limited within the performance of his official duties. The Canon of the Judicial Ethics
commands that a judges behavior, official or otherwise, should be free from the appearance of
impropriety in all activities and should be beyond reproach, (PYSINSP, OMEGA JIREH D.
FIDEL, vs. JUDGE FELIX A. CARAOS, MTC, Candelaria, Quezon; A.M. No. MTJ-99-1224.
December 12,2000)

The Code of Judicial Conduct was promulgated by the Supreme Court on September 5, 1989 and took
effect on October 20,1989. All judges are required to strictly comply with the Code of Judicial
Conduct.
Through A.M. No. 03-05-01-SC (promulgated on 27 th of April 2004 and took effect on the 1 st of June
2004), the Canons of Judicial was superseded by the New code of Judicial conduct for the
Philippine judiciary (NCJC). However, in case of deficiency or absence of specific provisions or
concepts in the New Code, the Canons of Judicial Ethics and the Code of Judicial Conduct shall be
applicable in a suppletory character.
DEFINITIONS:
Court Staff includes the personal staff of the judge including law clerks.
Judge means any person exercising judicial power, however, designated
Judges Family Includes a judges spouse, son, daughter, son-in-law, daughter-in-law, and any other
relative by consanguinity or affinity within the sixth civil degree, or person.

CANON 1.
INDEPENDENCE
Judicial Independence is a pre-requisite to the rule of law and a fundamental guarantee of
a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its
individual and institutional aspects.
1. To exercise judicial function independently based on their assessment of facts and in
accordance with conscientious understanding of the law, free from any quarter or for any
reason;
2. To be independent from judicial colleagues in respect to decisions which the judge is
obliged to make independently;
3. To refrain from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency;
4. Not to allow family, social or other relationships to influence judicial conduct or judgment
and not to use or lent the prestige of judicial office to advance the private interests of others,

5.
6.
7.
8.

nor convey or permit others to convey the impression that they are in a special position to
influence the judge;
To be free not only from inappropriate connections with, and influence by, the executive
and legislative branches of government, but must also appear to be free therefrom to a
reasonable observer;
To be independent in relation to society in general and in relation to the particular parties to
a dispute which he or she has to adjudicate;
To encourage and uphold safeguards for the discharge of judicial duties in order to
maintain and enhance the institutional and operational independence of the judiciary;
To exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary which is fundamental to the maintenance of judicial
independence.

NOTES AND CASES:

Every judge is required to observe the law. When the law is sufficiently basic, a judge owes it
to his office to simply apply it and anything less than that would be constitutive of gross
ignorance of the law.

A judge should be studious of the principles of law, he should administer his office with due
regard to the integrity of the system of the law itself, remembering that he is not a depository
of arbitrary power, but a judge under the sanction of law, ignorance of the law excuses no
one
(Almojuela Jr. vs. ringor, et al., A.M. No. MTJ004-1521, 07/27/2004)

Competence is the mark of a good judge. Having accepted the exalted position of judge,
whereby he judges his own fellowmen, the judge owes it to the public who depend on him,
and to the dignity of the court he sits in, to be proficient in the law. (Alcaraz vs. Lindo, A.M.
No. MTJ-04-1539, 04/14/2004)

Judges are expected to keep abreast of developments in law and jurisprudence and are
expected to have more than a cursory knowledge of all the rules on preliminary investigation
and bail. Respondent judges failure to observe the basic laws and rules is not only
inexcusable, but renders him susceptible to administrative sanction for gross ignorance of the
law and incompetence. (Bueno vs. Dimangadap, A.M. MTJ-02-1462, 08/10/2004)

It has been oft repeated that judges cannot be held to account or answer criminally, civilly or
administratively for an erroneous judgment of decision rendered by him in good faith, or in the
absence of fraud, dishonesty or corruption. However, it has also been held that when the law
violated is elementary, a judge is subject to disciplinary action. The principles of due notice
and hearing are so basic the respondents inability to accord a litigant their right thereto cannot
be excused. We find respondent guilty of gross ignorance of the law for violating the three-day
complainant due notice and the opportunity to be heard on the matters as mandated. (King and
Sons Company, Inc. vs. Hontanosas, Adm. Matter no. RTJ-03-1802, 09/21/2004)

A judge should be vigilant against any attempt to subvert the independence of the judiciary
and resist any pressure from whatever source. (Almojuela, Jr. vs. Ringor, et al., A.M. No. MTJ04-1521, 07/27/2004)

Unless it was a case filed with this court, it was improper for him to intervene in a dispute or
controversy. (Marces Sr. vs Arcangel, 258 SCRA 517)

The Code of Judicial Conduct requires that a judge shall neither allow family relationships to
influence judicial conduct or judgment, nor allow the prestige of judicial office to be used or
lent to advance the private interest of others. (Decena, et al. vs. Malanyaon, A.M. No. PTJ 021669, 04/14/2004)

CANON 2.

INTEGRITY

It is essential not only to the proper discharge of the judicial office but also to the personal
demeanor of judges.
1. To ensure not only that conduct is above reproach, but that is perceived to be so in view
of a reasonable observer;
2. To reaffirm the peoples faith in the integrity of the judiciary through their behavior and
conduct so that justice must not merely be done but must also be seen to be done;
3. To take or initiate appropriate disciplinary measures against lawyers or court personnel
for unprofessional conduct of which the judge may have become aware.
CANON 3.

IMPARTIALITY

It is essential to the proper discharge of the judicial office. It applies not only to the decision
itself but also to the process by which the decision is made.
1.
2.
3.
4.

5.

To perform their judicial duties without favor, blas or prejudice;

To ensure that his or her conduct, both in or out of court, maintains and enhances the
confidence of the public, the legal profession and litigants in the impartiality of the
judge and of the judiciary;
To conduct themselves, so far as practicable, as to minimize the occasions on which it
will be necessary for them to be disqualified from hearing or deciding cases;
To not knowingly make any comment that might reasonable be expected to affect the
outcome of such proceeding or impair the manifest fairness of the process while a
proceeding is before or could come before them nor to make any comment in public or
otherwise that might affect the fair trial of any person or issue;
To disqualify themselves from participating in any proceedings in which they are
unable to decide the matter impartially or in which it may appear to a reasonable
observer that they are unable to decide the matter impartially.

NOTES AND CASES:

It is elementary that an Executive Judge only has administrative supervision over lower courts.
Her function relates only to the management of first and second level courts, within her
administrative area. Acting as such, she cannot unilaterally override the MTCs actions in cases
pending with it under the guise of administrative supervision, without running afoul of the
orderly administration of justice. Only when her courts jurisdiction is appropriately invoked in
an appeal or certiorari and other special civil actions can respondent judge in her judicial capacity,
override the lower courts judgment.

A courts letterhead should be used only for official correspondence. (Oktubre vs. Velasco, A.M.
No. MTJ-02-1444,07/22/2004).

No judge should preside in a case in which he is not wholly free, disinterested, impartial and
independent. A judge should not handle a case in which he might be perceived to be susceptible to
bias and partiality. The rule is intended to preserve the peoples faith and confidence in the courts
of justice.
A judge is prohibited from sitting in a case where is related to a party or to counsel with the sixth
and fourth degree of consanguinity of affinity, respectively. (Oktubre vs. Velasco, A.M. No. MTJ02-1444, 07/22/2004).

INSTANCES WHEREIN THE JUDGE SHALL DISQUALIFY

PARTICIPATING IN ANY PROCEEDING DUE TO PARTIALITY.

HIMSELF

FROM

That the judge has:

1. Actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts
concerning the proceedings;
2. Previously served as lawyer or was a material witness in the matter in controversy;
3. Or a member of his or her family, economic interest in the matter in controversy;
4. Served as executor, administrator, guardian trustee or lawyer in the case or matter in controversy,
or a former associate or judge served as counsel during their association, or the judge or lawyer
was a material witness therein;
5. A Ruling in a lower court which is subject or review;
6. A relation by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel
within the fourth civil degree; or
7. Knowledge that his or her spouse or child has a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any
other interest that could be substantially affected by the outcome of the proceedings. (Sec. 5,
Canon 3, NCJC)
NOTES AND CASES
This enumeration is not EXCLUSIVE

A judge should administer justice impartially and without delay. They must always be in control of
proceedings to ensure that the mandatory periods provided in the Rules of Court and several other
rules promulgated by the Court are faithfully complied with. A judge shall dispose of the courts
business promptly and decide cases within the required periods. Justice delayed is often justice
denied. (RE: compliance of Rosete, A.M. No. 04-5-118-MTCC, 07/29/2004).

Judges should refrain from expressing irrelevant opinions in their decisions which may only reflect
unfavorably upon their competence and the propriety of their judicial actuations. (Balagtas vs.
Sarmiento, Jr., A.M. No. MTJ-01-1377, 06/17/2004).

The public expects a judge to be fearless in the pursuit to render justice, to be unafraid to displease
any person, interest or power and to be equipped with a moral fiber strong enough to resist the
temptations lurking in the office of the judge. (Ramirez vs. Corpuz-Macandong, 144 SCRA 462)

Remedy of Judge In Case of Disqualification.

A disqualification judge may, instead of withdrawing from the proceeding, disclose on the
records the basis of disqualification. If, based on such disclosure, the parties and lawyers
independently of the judges participation, all agree in writing that the reason for the inhibition is
immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed
by all the parties and lawyer, shall be incorporated in the record of the proceeding. (Sec. 6, Canon 3
NCJC)

It is not denied that the respondent judge is the brother of the respondent and their close
relationship notwithstanding, and despite the prohibition mentioned above, the respondent
judge took cognizance of the case and issued the controversial order directing the issuance of a
writ of preliminary injunction, after which he inhibited from sitting on the case for the same
reasons. Such action, to our mind, is reprehensible as it erodes the all important confidence in
the impartiality of the judiciary. (Hurtado vs. Jurdalena, et al., G.R. No. L-49603, 07/13/1978)

Grounds For Disqualification And Inhibition of Judges

Mandatory
1. Pecuniary interest
2. Related within the 6th degree of consanguinity or affinity or to counsel within the 4th civil degree
3. Has been an executor, guardian, administrator, trustee or counsel
4. Presided in an inferior court where his ruling or decision is subject to review
5. Exercise of sound discretion
Voluntary
1. Exercise of sound discretion for just and valid reasons
Leaves to the judge himself to decide question as to whether he will desist sitting in a case for
other just and valid reason with only his conscience to guide him.
The filing of an administrative case against a judge does not disqualify him from hearing a
case. The court has to be shown other than the filing of an administrative complaint, act or
conduct of the judge indicative of arbitrariness or prejudice before the latter is branded being
biased or partial.

DISQUALIFICATION
Rule on disqualification enumerates
the grounds under which any judge or
judicial officer is disqualified from
acting as such and the explicit
enumeration of the specific grounds
excludes the others.
Rules gives the judicial officer no
discret0on to try or sit in a case.

INHIBITION
Rule does not expressly enumerate the
specific grounds for inhibition but
merely gives a broad basis thereof, i.e.
good sound or ethical grounds.
Rules leave the matter of inhibition
sound discretion of the judge.

Prohibitions Against Judges

1. Not to accept inconsistent duties.
2. Not to incur obligations precuniary or otherwise which will interfere with his devotion to
expeditions and proper administrative of official functions.
3. Avoid giving ground for reasonable suspicion that he is utilizing power or prestige to patronize
the success of private business ventures or charitable enterprises.
4. Not to engage in a private practice of law.
5. Not to permit a law firm, of which he is formerly an active member, to continue carrying his
name in a firm.
6. Not to enter into a private business.
Grounds For Administrative Sanctions Against Judges
1) Serious Misconduct
Implies malice or a wrongful intent, not a mere error of judgment. For serious misconduct
to exist, there must be a reliable evidence showing that the judicial acts complained of
were corrupt or inspired by an intention to violate the law or were in persistent disregard
of well-known legal rules.
2) Inefficiency
Implies negligence incompetence, ignorance and carelessness. A judge would be
inexcusably negligent if he failed of his duties the diligence prudence and circumspection
which the law requires in the rendition of any public service.
Disqualification of Judges No judge or judicial officer shall sit in any case in which he, or his wife
or child, has precuniary interest as an heir, legatee, creditor or otherwise, or in which he is related to
either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree,
computed according to the rules of the civil law, or in which hr has been executor, administrator,
guardian, trustee or counsel,or in which he has presided in any inferior court when his ruling or
decision is the subject of review, without the written consent of all parties in interest, signed by them
and entered upon the record. (Rule 137, Sec. 1, Rules of Court)

Judge Calderon was found guilty of gross misconduct, abandonment of office and was
dismissed due to his frequent leave of absences totaling to 3 years which were not approved
and his explanations were inexcusable. He has caused great disservice to many litigants and
has denied them speedy justice. (In re Leaves of Absence Without Approval of Judge Eric
Calderon, A.M. 98-8-105 MTC, January 26, 1999)
The failure of a judge to decide even a single case within the 90-day period was considered
gross inefficiency warranting the imposition of fine equivalent to his one months salary. (In re
Judge Danillo Tenerife, 255 SCRA 184)
The acceptance by the Presidnet of the resignation does not necessarily render the case moot
or deprive the SC of the authority to investigate the charges. The court retains its jurisdiction
either to pronounce the respondent official innocent of the charges or declare him guilty
thereof. A contrary rule will be fraught with injustice and pregnant with dreadful and
dangerous implications. (Pesole vs. Rodriguez, 81 SCRA 208)
The retirement/resignation of a judge may or may not render the administrative complaint
moot and academic. Each case will be determined according to its surrounding circumstances.

NATURE OF ADMINISTRATIVE PROCEEDINGS AGAINST JUDGES

Proceedings against judges are private and confidential until the final determination thereof
[Sec. 6, Rule 140 of the Rules of Court].
CANON 4.

PROPRIETY

Propriety and the appearance of propriety are essential to the performance of all the
activities of a judge.
1. To avoid impropriety and the appearance to the performance in all of their activities;
2. To accept personal restrictions that might be viewed as burdensome by the ordinary citizen
and should do so freely and willingly and to conduct themselves in a way that is consistent
with the dignity of the judicial office;
3. To avoid situations which might reasonable give rise to the suspicion or appearance of
favoritism or partiality on their personal relations with individual members of the legal
profession who practice regularly in their court;
4. Not to participate in the determination of a cases in which may member of their family
represents a litigant or is associated in any manner with the case;
5. Not to allow the use of their residence by a member of the legal profession to receive clients
of the latter or of the other members or the legal profession;
6. To be entitled to freedom of expression, belief, association and assembly, like any other
citizen, but in exercising such rights, conduct themselves in such manner as to preserve the
dignity of the judicial office and the impartiality and independence of the judiciary;
7. To inform themselves about their personal fiduciary interests and shall make reasonable
efforts to be informed about the financial interest of members of their family;
8. Not to use or lend the prestige of the judicial office to advance their private interests, or
those of a member of their family or of anyone else, nor shall they convey or permit others
to convey the permission that anyone is in a special position improperly to influence them in
the performance of judicial duties;
9. Not to use or disclose confidential information acquired in their judicial capacity for any
purpose related to their judicial duties
10. Not to practice whilst the holder of judicial office;
11. To form or join associations of judges or participate in other organizations representing the
interests of judges;
12. Not to ask for nor accept, for themselves and members of their families, any gift, bequest,
loan or favor in relation to anything done or to be done or omitted to be done by him or her
in connection with the performance of judicial duties;
13. Not to knowingly permit court staff or others subject to their influence, direction or
authority, to ask for, or accept any gift, bequest, loan or favor in relation to anything done
or to be done or omitted to be done in connection with their duties or functions;
14. To receive a token, gift, award or benefit, subject to law and to any legal requirements of
public disclosure, as appropriate to the occasion on which it is made, provided that such
gift, award or benefit might not reasonable be perceived as intended to influence the judge
in the performance of judicial duties or otherwise give rise to an appearance of partiality.
NOTES AND CASES:

It was held that apropos the issue on the hasty rendition of judgment in criminal case, judges
must avoid not only impropriety but even the appearance of impropriety in all their actions
and neither should they take undue interest in the settlement of criminal cases as the same may

compromise the integrity and impartiality of their office. (Porsecutor Loo Tabao vs. Judge
pedro Espina, A.M. NO. RTJ 96-1347, June 39, 1999)
A judge should not handle a case in which he might be perceived to be susceptible to bias and
partiality. He should avoid not merely impropriety in all his acts but even the appearance of
impropriety. (Perez vs. judge Suller)
The one who occupies an exalted position in the administration of justice must pay a high
price for the honor bestowed upon him, for his private as well as his official conduct must at
all times be free from the appearance of impropriety. (Luque vs. Kayanan, 29SCRA 165)
The judge is the visible representation of the law and must, at all times, conduct themselves in
such manner as to be beyond reproach and suspicion. (Cabrera vs. Pajares, 142 SCRA 127)
The court held that a mere casual buss (beso-beso) on the cheek is not a sexual conduct or
favor and does not fall within the purview of sexual harassment under RA No. 7877. The said
Court also exonerated Judge Acosta of the charges against him and likewise advised him to be
more circumspect in his deportment. (Atty. Susan M. Aquino vs. Hon. Ernesto D. Acosta,
Presiding Judge Court of Tax Apepals; A.M. No. CTA 01-1; April 2, 2002)
In the absence of any showing that respondent s interference was in bad faith or with malice
and considering that this is the first time on record that he committed such infraction of the
Code of Judicial Conduct, a mere reprimand is just and reasonable. Certainly, when judges of
the same court in the same place fight the image of the judiciary is impaired rather than
enhanced. It is incumbent upon them to so behave at all times as to promote public confidence
in the integrity and impartiality of the judiciary. (Navarro vs. Tomis, A.M. No. MYJ-00-1337,
04/27/2004)

Activities that Do Not Impair the Performance of Judicial Duties.

Subject to the proper performance of judicial duties, judges may:
1. Write, lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice or related matters;
2. Appear at a public hearing before an official body concerned with matters relating to the law,
the legal system the administration of justice or related matter.
3. Engage in other activities if such activities do not detract from the dignity of the judicial office
or otherwise interfere with the performance of judicial duties.

By entertaining a litigant in his home and receiving benefits given by said litigant , respondent
miserably failed to live up to the standard of judicial conduct. A judge must assiduously
protect the image of his exalted office. (J.King and Sons Company, Inc. vs. Hontanosas, Adm.
Matter No. RTJ-03-1802, 09/21/2004)

Loans Prohibited Under the Constitution

A judge should avoid taking or receiving loans from litigants
No loan, guaranty, or other form financial accommodation for any business purpose may be
granted directly or indirectly, by any government-owned or controlled bank or financial
instruction to the President, the vice-president, the Members of the Cabinet, the Congress, the
Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity
in which they have controlling interest, during their tenure. (Art XI, Sec. 16, 1987
Constitution)
Acceptance of gifts given by reason of the office of the Judge is indirect bribery. Art 21,
Revised Penal Code

When a judge agrees to perform an act constituting a crime in connection with the performance
ofhis official duties in consideration of any offer, promise, gift or present received by such officer,
he is guilty of direct bribery.
The judge is liable criminally for directly of indirectly receiving gifts, present or other pecuniary
or material benefit, for himself or for another under conditions provided in Section 2, (b) and (c) of
the law. Excepted are unsolicited gifts or presents of small value offered or given as a mere
ordinary token of gratitude or friendship according to local custom or usage. (Section 14, RA
3019)

Bribery, Direct or Indirect

Acceptance of gifts given by reason of the office of the judge is indirect bribery [Art. 211
Revised Penal Code]and when he agrees to perform an act constituting a crime in connection with the
performance of his official duties in consideration of any offer, promise, gift or present received by
such officer, he is guilty of direct bribery [Art. 210 Revised Penal Code].

ANTI-GRAFT AND CORRUPT PRACTICES ACT

General Rule:
Under RA 3019, the judge is liable criminally for directly or indirectly requesting or receiving gifts,
present or other pecuniary or material benefit for himself or for another under conditions provided in
Section 2, (b) and (c) of the law.
Exception:
Unsolicited gifts or presents of small value offered or given as a mere ordinary token of gratitude or
friendship according to local custom or usage.
(Section 14 RA 3019)
Void Donations Under The Civil Code
Donations given to a judge or his wife, descendants or ascendants by reason of his office or by him on
account of his office are void [Art. 739, Civil Code]. Ownership does not pass to the done. Money or
property donated is recoverable by the door, his heirs or creditors.

The judge may be liable for: x x x Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official or by him on account of his official
position to unauthorized persons, or releasing such information in advance of its authorized
release due. (Section 3 (k) RA 3019)
Violation of the rule may also lead to revelation of secrets by an officer or to revelation of
the secrets of a private individual punishable by Articles 229 and 230 of the Revised Penal
Code respectively.
Every public officer, including judges are required to file a true, detailed and sworn statement
of the amounts and services of income, the amounts of their personal and family expenses and
the amount of income taxes paid for the nest preceding calendar year. This is filed within 30
days after assuming office and thereafter on or before the 15 th day of April following the close
of every calendar year, as well as upon expiration of his term of office, or upon resignation, or
separation from office. Section 7, RA 3019)
The violation of Section 7 of said law will make the officer liable for imprisonment and/or
fine. Violation is also sufficient ground for removal or dismissal of a public officer even if no
criminal prosecution is instituted.(Section 9, RA 3019)

The constitution prohibits officers and employees in the Civil Service from engaging directly
or indirectly, in any electioneering or partisan political campaign. Section 2 (4) Art. IX 1987,
Constitution

CANON 5.

EQUALITY

Ensuring equality of treatment to all before the courts is essential to the due performance of
the judicial office.
1. To be aware of, an understand diversity in society and differences arising from various
sources including but not limited to race, color, sex, religion national origin, caste,
disability, age, marital status, sexual and economic status and other like causes;
2. Not to manifest bias or prejudice towards any person or group on irrelevant grounds in the
performance of judicial duties;
3. To carry our judicial duties with appropriate consideration for all persons, such as the
parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on
any irrelevant ground, immaterial to the proper performance of such duties;
4. Not to knowingly permit court staff or others subject to his or her influence, direction or
control to differentiate between before the judge on any irrelevant ground;
5. To require lawyers in proceedings before the court to refrain from manifesting, by words or
conduct, bias or prejudice based on irrelevant.

CANON 6.

COMPETENCE AND DILIGENCE

Competence and diligence are prerequisites to the due performance of judicial office.
1. That the judicial duties of a judge take precedence over all other activities;
2. To devote their professional activity to judicial duties, which include not only the
performance of judicial functions and responsibilities in court and the making of decisions,
but also other tasks relevant to the judicial office of the courts operations;
3. To take reasonable steps to maintain and enhance their knowledge, skills and personal
qualities necessary for the proper performance of judicial duties, taking advantage for this
purpose of the training and other facilities which should be made available, under judicial
control, to judges;
4. To keep themselves informed about relevant developments of international conventions and
other instrument establishing human rights norms;
5. To perform all judicial duties including the delivery of reserved decisions, efficiently, failry
and with reasonable promptness;
6. To maintain order and decorum in all proceedings before the court and be patient, dignified
and courteous in relation to litigants, witnesses, lawyers and others with whom the judge
deals in their official capacity and to require similar conduct to legal representatives, court
staff and others subject to their influence direction or control;
7. Not to engage in conduct incompatible with the diligent discharge of judicial.
NOTES AND CASES:

It was held that cognizant of the caseload of judges and mindful of the pressure of their work,
the Supreme Court almost always grants requests for extension of time to decide cases. A
heavy caseload may excuse a judges failure to decide cases within the reglementary period,
but not his or her failure to request an extension of time within which time to decide the same
on time, i.e. before the espiration of the period to be extended. (Request of Judge Imma Zita
Masamayor, A.M. No. 99-1-16, RTC June 21, 1999)
The Supreme Court has always considered the failure of a judge to decide a case within the
reglementary period as GROSS INEFFICIENCY and imposed either fine or suspension from
service without pay for such the fines imposed vary in each case, depending chiefly on the
number of cases not decided and other factors to with the presence of aggravating
circumstances the damage suffered by the parties as a result of the delay and health age of
the judge, etc. (Bernardo vs. Judge Amelia Fabros, A.M. NO. MTJ-99-1189, May 12, 1999)
The court agrees with the Court Administrators findings that respondents explanation for the
delay in rendering judgment in this case is flimsy because respondent could have caused the
preparation of his computer malfunctioned. At any rate, respondent could also have asked
from this Court for an extensuion of time within which to render judgment instead of just
allowing the 30-day period to expire. (Atty. Joselito A, Oliveros vs. Judge Romulo G.
Carteciano (Ret.); A.M. No. MTJ-02-1409, April 5, 2002)
A judge may not be disciplined for error or judgment unless there is proof that the error is
made with a conscious and deliberate intent to commit an injustice. (Pantig vs. Daing, Jr., et
al., A.M. No. RTJ-03-1791, 07/08/2004)
It is settled that a judges failure to interpret the law or to property appreciated the evidence
presented does not necessarily render him administratively liable. Only judicial erros tainted
with fraud, dishonesty, gross ignorance, bad faith, or deliberate intent to do an injustice will be
administratively sanctioned. To hold otherwise would be to render judicial office untenable,
for no one called upon to try the facts or interpret the law in the process of administering
justice can be infallible in his judgment. (Cepeda vs. Cloribel-Purungganan, A.M. No. RTJ04-1866, 07/30/2004)
Competence is a mark of a good judge. He should not stop studying for the law is dynamic. It
grows and grows. Thus a judge should be conversant with the law and its amendments. (Lopez
vs. Fernandez, 99 SCRA 603)
He should act partially and beyond suspicion and must keep abreast of the latest laws.
(Vasquez vs. Malvar, 85 SCRA 10)
A judge should be fully acquainted with legal norms and precepts and with the statues and
procedural rules. (De la Cruz vs. Febrero, 82 SCRA 379)
A government of laws, not of men excludes the exercise of broad discretionary powers by
those acting under its authority. Under this system, judges are guided by the RULE OF LAW,
and ought to protect and enforce it without fear or favor, x x x courts are not concerned with
the wisdom, efficacy of morality of law. (People vs. Veneracion, SCRA 244)
No decision shall be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be refused
due course or denied without sharing the legal basis therefore. Art. 8, Sec. 14, 1987
Constitution
Extreme care should be made in the making of the dispositive portion of the decision for that
is the part of the decision which is to be implemented. (Santos vs. Paguio, 227 SCRA 770;
Padua vs. Robles, 66 SCRA 485

A judge should be patient, attentive courteous to lawyers, litigants witnesses and other
appearing before the court. He should avoid controversial tone and considerate and be aware
that disrespect to lawyers generates disrespect to judges. If a judge desires not to be insulted,
he should use temperate language himself; he who sows the wind will reap a storm.
(Fernandez vs. Bello, 107 Phil 1146)
Patience and gravity of hearing is an essential of justice; and an over-speaking judge is no
well-tuned cymbal. It is no grace to a judge to show quickness of conceit in cutting of counsel
to short. Restraint still is a trait desirable in those who dispense justice. (Ysasi vs. Fernandez,
26 SCRA 409; Delgra, jr. vs. Gonzales, 31 SCRA 237)
A judge should not allow himself to be moved by pride, prejudice, passion or pettiness in the
performance of his duties. (Autria vs. Quel, 20 SCRA 1260)
The alleged derogatory remarks uttered by respondent against Branch 6, MTCC, Cebu City
could have been uttered demeaning words against her and that their action was not intentional
and in bad faith. (Navarro vs. Tormis, A.M. No. MTJ-00-1337, 04/27/2004)
The judge shall at all times remain in full control of the proceedings in his sala and should
follow the time limit set and for deciding cases or resolving motions. It is elementary that a
judge must be conversant with basic legal principles and procedures. Among other things, he
is expected to keep this own record of cases and to note therein their status so that he may act
on them accordingly and promptly. Unreasonable delay in resolving a pending incident is
violation of the norms of judicial conduct. (Report on Judicial Audit Conducted in the MCTCDAPA, Surigao del Norte, 03/30/2004)
Needles to say, judges should respect the orders and decisions of higher tribunals, much more
so this Court form which all other courts should take their bearings. A resolution of the
Supreme Court is not be construed as a mere request and should not be complied with
partially, inadequately or selectively.(Fernandez vs. Hamoy, A.M. No. RTJ-04-1821,
08/12/2004)
In the case absence of proof that Judge Cana deliberately delayed the resolution of the
annulment case, we accept his explanation as satisfactory and exonerate him from any
administrative liability. (Office of the Court Administrator vs. Javellana, et al, A.M. No. RTJ02-1737, 09/09/2004)
A judge cannot choose his deadline for deciding cases pending before him without an
extension granted by this Court. The Code of Judicial Conduct mandates judges to attend
promptly to the business of the court and decide cases within the periods prescribed by law
and the Rules. Under the 1987 Constitution, lower court judges are also mandated to decide
cases within 90 days from submission. Respondent judge should have known that all he had to
do was to ask this Court for a reasonable extension of time to dispose of this cases.
The failure of his clerk of court of call his attention to the cases submitted for decision, the
inability of his officer-in-charge to properly manage the daily court activities and all the
excuses he gave are not acceptable to us. A judge cannot take refuge behind the inefficiency or
mismanagement of his court personnel since they are not responsible for his judicial functions.
On the contrary, a judge should be the master of his own domain and take responsibility for
the mistakes of his subordinates. (Office of the Court Administrator vs. Javellina , et al., A.M.
No. RTJ-02-1737, 09/09/2004)

Grounds For Intervention By A Judge In Examination Of Witnesses

1. To promote justice
2. Prevent waste of time
3. Clear up ambiguities

But intervention must be done by a judge with circumspection, sparingly, for clarification and
not to build care for one of the parties.

It is the duty of all court employees from the presiding judge to the lowliest clerk to maintain
the courts good name and standing as the temple of justice. The court condemns and would
never countenance any conduct, act or omission on the part of all those involved in the
administration of justice, which would violate the norm of public accountability and diminish
or even just tend to diminish the faith of the people in the judiciary. (Monserate vs. Adolfo,
A.M. No. P-04-1823, 07/12/2004)
However, the respondents conduct on the whole may only be characterized as plain and
simple discourtesy. After all, apart from the sarcastic words she uttered, she did not raise her
voice at the complainant. Public officials and employees are under obligation to perform the
duties of their offices honestly, faithfully, and to the best of their ability. They, as recipients of
the public trust, should demonstrate courtesy, civility, and self-restraint in their official
actautions to the public at all times even when confronted with rudeness and insulting
behavior. (Narvasa-Kampana vs. Josue, A.M. No. 2004-09-SC, 06-30-2004)
Judges are charged with the administrative responsibility of organizing and supervising his
court personnel top secure the prompt and efficient dispatch of business, requiring at all times
the observance of high standards of public service and fidelity. Indeed, he is ultimately
responsible fro ensuring that court personnel perform their tasks and that the parties are
promptly notified of his orders and decisions. It is his duty to devise an efficient recording and
filing system in his court to enable him to monitor the flow of cases and to manage their
speedy and timely disposition.
Members of the judiciary have the sworn duty to administer justice without undue delay. A
judge who failed to do so has to suffer the consequences of his omission. Any delay in the
disposition of case undermines the peoples faith in the judiciary. (Fernandez vs. Hamoy, A.M.
No. RTJ-04-1821, 08/12/2004)
Delay in the disposition of cases undermines the peoples faith and confidence in the judiciary.
Hence, judges are enjoined to decide the cases with dispatch. Their failure to do so constitutes
gross inefficiency and warrants the imposition of administrative sanctions on them. (Bueno vs.
Dimangdap, A.M. No. MTJ-02-1462. 09/10/2004)

Every court has the inherent power among others, to preserve and enforce orders in its
immediate presence, to compel obedience to its judgments, orders and processes and to
control, in furtherance of justice, the conduct of its, ministerial officers. [See also Secs. 28 &
29; Rule 138 Rules of Court]

DISCIPLINE OF JUDGES
Jurisdiction Over Erring Members of the Bench

The Supreme Court shall leave administrative supervision over all courts and the personnel
thereof (Sec. 6, Art. VIII 1987 Constitution). The Supreme Court en banc shall have the power
to discipline judges of lower courts, or order their dismissal by a vote of a majority of the
Members who actually took part in the deliberations on the issues in the case and voted
thereon (Second Sentence, Sec. 11 Art. VIII, 1987 Constitution)

The inferior courts (MTCs) are not empowered even just to suspend an attorney,
although they may cite or hold a lawyer in contempt of court for contemptuous acts.

Justices and judges, who are also lawyers, may also be disbarred of found guilty of certain
crimes and / or of the causes for disbarment under the Rules of Court.
Justices of the Supreme Court however may not be disbarred unless and until they shall have
been first impeached in accordance with the Constitution. The same is true with the other
impeachable offivers who are members of the bar.

Before a civil or a criminal action against a judge for violation of Articles 204 and
205, Revised Penal Code, can be entertained, there must first be a Final and
Authoritative judicial declaration that the decision or order is indeed unjust. The
pronouncement may result from either: (a) an action for certiorari or prohibition in a
higher court impugning the validity of judgment; or (b) an administrative proceedings
in the Supreme Court against the judge precisely for promulgating an unjust judgment
or order. (De Vera vs. Pelayo, 335 SCRA 281)

WHEN MAY A JUDGE BE LIABLE

Civil, criminal and administrative liability:
1. Malfeasance
2. Misfeasance
3. Knowingly rendering unjust judgment
4. Malicious delay the administration of justice
5. Giving private unwarranted benefit in the exercise of judicial function
Administrative Liabilities of Judges
1. Serious misconduct
2. Gross inefficiency
Instances Of Serious Misconduct
1. Failure to deposit funds with the municipal treasurer or to produce them despite his promise to
do so
2. Misappropriation of fiduciary funds (proceeds of cash bail bond) by depositing the check in
his personal account, thus converting the trust fund into his own use
3. Extorting money from a party-litigant who has a case before his court
4. Solicitation of donation for office equipment
5. Unlawful solicitation in violation of RA 6713
6. Frequent unauthorized absences in office
7. Falsification of Certificate of Service to collect salary
8. Declaring Wednesday as non-session days which the judge declares as his mid-week pause
9. Indefinite postponement for several years of a criminal case pending in his sala
10. Judge poking his gun to another in a restaurant while in a state of intoxication
11. Pistol- whipping the complainant on the latters left place without any justification.
12. Using intemperate language unbecoming of a judge
Instances of Gross Inefficiency
1. Unduly granting repeated motions for postponement of a case;
2. Unawareness of or unfamiliarity with the application of Indeterminate Sentence Law and the
duration and graduation of penalties;
3. Gross incompetence and gross ignorance of the law;

4. Reducing to a ridiculous amount the bail bond of the accused in a murder case thus enabling
him to escape the toils of the law;
5. Imposing a penalty of subsidiary imprisonment on a party for failure to pay civil indemnity in
violation of RA 5465;
6. Issuing a warrant of arrest in a case which is clearly civil in nature;
7. Failure to dismiss a complaint which has prescribed;
8. Oppression or unwarranted display of authority;
9. Imposing the wrong penalty to the crime charged and proven;
10. Failure to comply with the basic prerequisites for the issuance of a search warrant;
11. Dismissing a criminal case based on the principle of in pari delicto a civil law principle;
12. Including execution in the judgment itself;
13. Granting an Ex-parte Motion For Execution in ejectment case without notice to adverse party;
and
14. Non-feasance of JudgesNo judge or court, shall decline to render judgment by reason, of the
silence, obscurity or inefficiency of the laws. [Article 9, civil code]
Civil Liabilities of Judges in Relation to Their Official Functions
Any public officer or employee, or any private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs the civil rights and liberties of persons
shall be liable for damages. [Article 32 Civil Code]
The responsibility for damages is not however demandable of judges except when the act or
omission of the judge constitutes a violation of the Penal Code or other penal statute.[Article
32, last part Civil Code]
Judge is civilly liable for willfully or negligently rendering a decision which causes damage to
another. [Article 20, Civil Code]
Judge is civilly liable for damages for refusing or neglecting to decide a case causing loss to a
party.[Article 27 New Civil Code]
Disabilities of Judges Under the Civil Code
Judges cannot purchase properties subject of litigation in his court.
Donations made to a judge, his wife, descendants and ascendants by reason of his office are
void Art. 739 of Civil Code.

Criminal Liabilities of Judges

Judges may be held liable for malfeasance for knowingly rendering;
1. Unjust judgment;
2. Judgment rendered through negligence;
3. Unjust interlocutory judgment; and
4. Maliciously delaying the administration of justice.
Elements of Unjust Judgment
1. Offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust.

If the decision rendered by the judge is still on appeal, the judge cannot e disqualified on the
ground of knowingly rendering an unjust judgment. (Abad vs. Blaza, 145 SCRA).

Elements of Judgment Rendered Through Negligence

1. Offender is a judge
2. That he renders a judgment in a case submitted to him for decision.
3. That the judgment is manifestly unjust.
4. That it is due to his inexcusable negligence or ignorance.

Negligence and ignorance are inexcusable if they imply a manifest injustice which cannot be
explained by reasonable interpretation. (In re Climaco, 55 SCRA 107)

PROCEDURE FOR DISCIPLINE

1. Charges must be in writing and must set out facts constituting serious misconduct or inefficiency.
2. Sworn to and supported by affidavits.
3. Not entertain anonymous complaints except in case in which charges could be fully borne by
public records of indubitable integrity and matter involved is of public interest.
4. If the charge is meritorious, a copy served on the respondent requiring him to answer within 10
days from date of service.
5. If not, it must be dismissed by SC.
6. Where facts show liability, he may be disciplined even without further investigation in accordance
with res ipsa loquitor.
7. The court must assign a hearing officer to conduct investigation, receive evidence of parties and
submit report of findings of facts on which court bases its action even if complaint is withdrawn.
8. Until final resolution proceeding against judgment remain private and confidential.
QUANTUM OF EVIDENCE REQUIRED
1. Impeachment proceedings against judges. Penal in nature governed by rules on criminal case and
therefore requires proof beyond reasonable doubt.
2. Misconduct. Reliable evidence showing that judicial actions are corrupt or inspired by intent to
violate law or in persistent disregard of legal rules.
INVESTIGATION OF JUDGES
Justices and Judges may not be investigated under the grievance procedure in Rule 139-B, Section
1 of the Revised Rules of Court. Complaints against justices and judges are filed with the
Supreme Court which has a administrative supervision over all courts.
As a matter of practice, the Supreme Court has assigned complaints against Municipal or
Metropolitan Trail Judges to an Executive Judge of a Regional Trial Court and complaints against
judges of Regional Trial Courts to a justice of the Court of Appeals, while a complaint against a
member of the Court of Appeals would probably be assigned to a member of the Supreme Court
for investigation, report and recommendation.
Reinstatement of Judge Previously Disciplined
No indication that he is inspired by corrupt motives or reprehensive purpose to set the guilty
free.
Factors To Be Considered
1. Unsullied Name and service of record prior to dismissal
2. Commitment to avoid situation that spur suspicion of arbitrary conditions.

3. Complainant mellowed down in pushing from his removal

4. Length of time separated from services.

A judge is criminally liable for causing an undue injury to a person or giving any private party
an unwarranted benefit, advantage or preference in the discharge of his official function
through manifest partially, evident bad faith and gross inexcusable negligence. [Section 3 (e),
R. A. 3019]

------------------------------------------------Old and New Codes of Judicial Ethics

CODE OF JUDICIAL CONDUCT

(1989)

PREAMBLE
An honorable competent and independent judiciary exists to administer justice and thus promote the
unity of the country, the stability of government, and the well-being of the people.
CANON 1
THE

A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF

JUDICIARY

RULE
101
102
103

A judge should be the embodiment of competence, integrity and independence.

A judge should administer justice impartially and without delay.
A judge should be vigilant against any attempt to subvert the independence of the judiciary
and should forthwith resist any pressure from whatever source intended to influence the
performance of official functions.

CANON 2
RULE
201
202
203

A JUDGESHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF

IMPROPRIETY IN ALL ACTIVITIES

A judge should so behave at all times as to promote public confidence in the integrity and
impartially of the judiciary.
A judge should not seek publicity for personal vainglory.
A judge shall not allow family, social, or other relationships to influence judicial conduct or
judgment. The prestige of advance the private interests of others, nor convey the impression
that they are in a special position to influence the judge.

204

A judge should refrain from influencing in any manner the outcome of litigation or dispute
pending before another court or administrative agency.

CANON 3

A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND WITH

IMPARTIALITY AND DILIGENCE
ADJUDICATIVE RESPONSIBILITIES

Rule
3.1
3.2
3.3
3.4

3.5
3.6

3.7

A judge shall be faithful to the law and maintain professional competence.

In every case, a judge shall endeavor diligently to ascertain the facts and the
applicable law unswayed by partisan interests, public option or fear of criticism.
A judge shall maintain order and proper decorum in the court.
A judge should be patient, attentive, and courteous to lawyers, especially the
inexperienced to litigants, witnesses, and others appearing before the court. A judge
should avoid unconcoiusly failing into the attitude of mind that the litigants are made
for the courts, instead of the courts for the litigants.
A judge shall dispose of the courts business promptly and decide cases within the
required periods.
While a judge may, to promote justice, prevent waste of time or clear up some
obscurity, properly intervene in the presentation of evidence during the trial, it should
always be borne in mind that undue interference may prevent the proper presentation
of the cause or the ascertainment of truth.
A judge should abstain from making public comments on any pending or impending
case and should require similar restraint on the part of court personnel.
ADMINISTRATIVE RESPONSIBILITIES

3.8
3.9
3.10

A judge should diligently discharge administrative responsibilities, maintain

professional competence in court management, and facilitate the performance of the
administrative functions or other judges and court personnel.
A judge should organizes and supervise the court personnel to ensure the prompt and
efficient dispatch of business, and require at all times the observance of high standards
of public service and fedility.
A judge should appoint commissioners, receivers, trustees, guardians, administrators
and others strictly on the basis of merit and qualifications, avoiding nepotism and
favoritism. Unless otherwise allowed by law, the same criteria should be observed in
recommending appointment of court personnel. Where the payment of compensation
is allowed, it should be reasonable and commensurate with the fair value of services
rendered.
DISQUALIFIACTIONS

3.11

A judge should take no part in a proceeding where the judges impartiality might
reasonably be questioned. These cases include among others, proceedings where:
(a) The judge has personal knowledge of disputed evidentiary facts concerning
the proceeding;

(b) The judge served as executor, administrator, guardian, trustee or lawyer in

the case or matter in controversy, or a former associate of the judge served
as counsel during their association, or the judge or lawyer was a material
witnesses therein;
(c) The judges ruling in a lower court is the subject of review.
(d) The judge is related by consanguinity or affinity to a party litigant within
the sixth degree or to counsel within the fourth degree;
(e) The judge knows the judges spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise in the subject matter in controversy
or in a party to the proceeding, or any other interest that could be
substantially affected by the outcome of the proceeding.
In every instance, the judge shall indicate the legal reason for inhibition.
REMITAL OF DISQUALIFICATION
3.12

A judge disqualified by the terms of rule 3.11 may, instead of withdrawing from the
proceeding, disclose on the record the basis of disqualification. If, bases on such
disclosure, the parties and lawyers independently of judges participation, all agree in
writing that the reason for the inhibition is immaterial or insubstantial, the judge may
then participate in the proceeding. The agreement, signed by all parties and lawyers,
shall be incorporated in the record of the proceeding.

CANON 4

A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES, ENGAGE IN

ACTIVITIES TO IMPROVE THE LAW, THE LEGAL SYSTEM AND THE
ADMINISTRATIVE OF JUSTICE.

Rule
4.1

A judge may, to the extent that the following activities do not impair the performance
of judicial duties or cast doubt on the judges impartially;
a. Speak, write, lecture, teach or participate in activities concerning the law;
the legal system and the administration of justice;
b. Appear at a public hearing before a legislative or executive body on matters
concerning the law, the legal system or the administrative of justice and
otherwise consult with them on matters concerning the administration of
justice;
c. Serve on any organization devoted to that improvement of the law, the legal
system or the administration of justice.

CANON 5
A JUDGE SHOULD REGULATE EXTRA-JUDICIAL ACTIVITIES TO
MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES
ADVOCATIONAL CIVIC AND CHARITABLE ACTIVITIES
Rule

5.1

A judge may engage in the following activities provided that they do not interfere with the
performance of judicial duties or detract from the dignity of the court:
(a)
(b)
(c)
(d)

write, teach and speak on non-legal subjects;

engage in the arts, sports and other special recreational activities;
participate in civic and charitable activities;
serve as an officer, director, trustee, or non-legal advisor of a non-profit or non-political
educational, religious, charitable, fraternal, or civic organization.

FINANCIAL ACTIVITIES
5.2

A judge shall refrain from financial and business dealing that lend to reflect adversely on the
courts impartiality, interfere with the proper performance of judicial activities or increase
involvement before the court. A judge should so manage investments and other financial
interests as to minimize the number of cases giving grounds for disqualifications.

5.3

Subject to the provisions of the proceeding rule, a judge may hold and manage investments but
should not serve as officer, director, manager or advisor, or employee of any business except
as director of a family business of the judge.

5.4

A judge or any immediate member of the family shall not accept a gift, bequest, factor or loan
from any one except as may be allowed by law.

5.5

No information acquired in a judicial capacity shall be sued or disclosed by a judge in any

financial dealing or for any other purpose not related to judicial activities.
FIDUCIARY ACTIVITIES
5.6 A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary,
except for the estate, trusts, or person of a member of the immediate family, and then only if
such service will not interfere with the proper performance of judicial duties. Member of
immediate family shall be limited to the spouse and relatives within the second degree of
consanguinity. As a family, a judge shall not:
(a) serve in proceedings that might come before the court of said judge; or
(b) act as such contrary to rules 5.02 to 5.05
PRACTICE OF LAW AND OTHER PROFESSION

5.7

A judge shall not engage in the private practice of law. Unless prohibited by the Constitution
or law, a judge may engage in the practice of any other profession provided that such practice
will not conflict or tend to conflict with judicial functions.
FINANCIAL DISCLOSURE

5.8
5.9

A judge shall make a full financial disclosure as required by law.

A judge shall not accept appointment or designation to any agency performing quasi-judicial
or administrative functions.
POLITICAL ACTIVITIES

6.0

A judge is entitled to entertain personal views on political questions. But to avoid suspicion of
political partisanship, a judge shall not make political speeches, contribute to party funds,
publicly endorse candidates for political office or participate in other partisan political
activities.

NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE

JUDICIARY
A.M NO. 03-05-01-SC,
PROOMULGATED BY THE SUPREME COURT ON APRIL 27, 2004
CANON 1
INDEPENDENCE
Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a
fair trial. A judge shall therefore uphold and exemplify judicial independence in both its
individual and institutional aspects.
Sec. 1 Judges shall exercise the judicial function independently on the basis of their assessment of the
facts and in accordance with a conscientious understanding of the law, free of any extraneous
influence, inducement, pressure, threat or interference, direct or indirect from any quarter or
for any reason.
Sec. 2 In performing judicial duties, Judges shall be independent from judicial colleagues in respect
of decisions which the judge is obliged to make independently.
Sec. 3 Judges shall refrain from influencing in any manner the outcome of litigation or dispute
pending before another court or administrative agency.
Sec. 4 Judges shall not allow family, social, or other relationships to influence judicial conduct or
judgment. The prestige of judicial office shall not be used or lent to advance the private
interests of others, nor convey or permit others to convey the impression that they are in a
special position to influence the judge.
Sec. 5 Judges shall not only be free from inappropriate connections with, and influence by, the
executive and legislative branches of government, but must also appear to be free therefrom to
a reasonable observer.
Sec. 6 Judges shall be independent in relation to society in general and in relation to the particular
parties to a dispute which he or she has to adjudicate.
Sec. 7 Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to
maintain and enhance the institutional and operational independence of the judiciary.

Sec. 8 Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary which is fundamental to the maintenance of judicial independence.

CANON 2
INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office but also to the
personal demeanor of judges.
Sec. 1 Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be
so in the view of a reasonable observer.
Sec. 2 Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances
the confidence of the public, the legal profession and litigants in the impartiality of the judge
and of the judiciary.
Sec. 3 Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on
which it will be necessary for them to be disqualified from hearing or deciding cases.
Sec. 4 Judges shall not knowingly, while a proceeding is before, or could come before them make
any comment that might reasonably be expected to affect the outcome of such proceeding or
impair the manifest fairness of the process. Nor shall judges make any comment in public or
otherwise that might affect the fair trial of any person or issue.
Sec. 5 Judges shall disqualify themselves from participating in any proceedings in which they are
unable to decide the matter impartially or in which it may appear to a reasonable observer that
they are unable to decide the matter impartially but are not limited to, instance where
a. The judge has actual bias or prejudice concerning a party or personal knowledge of
disputed evidentiary facts concerning the proceedings;
b. The judge previously served as a lawyer or was a material witness in the matter in
controversy;
c. The judge, or a member of his or her family, has an economic interest in the outcome of
the matter in controversy;
d. The judge served as executor, administrator, guardian, trustee or lawyer in the case or
matter in controversy, or a former associate of the judge served as counsel during their
association, or the judge or lawyer was a material witness therein;
e. The judges ruling in a lower court is the subject of review;
f. The judge is related by consanguinity or affinity to a party litigant within the sixth civil
degree or to counsel within the fourth civil degree; or
g. The judge knows that his or her spouse or child has a financial interest, as heir, legatee,
creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the
proceeding, or any other interest that could be substantially affected by the outcome of the
proceedings;
Sec. 6

A judge disqualified as stated above may, instead of withdrawing from the proceeding,
disclose on the records the basis of disqualification. If, based on such disclosure, the parties
and lawyers independently of the judges participation, all agree in writing that the reason for

the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding.
The agreement, signed by all parties and lawyers, shall be incorporated in the record of the
proceedings.
Sec. 7 Judges shall inform themselves about their personal fiduciary financial interests and shall
make reasonable efforts to be informed about the financial interest of members of their family.
Sec. 8 Judges shall not use or lend the prestige of the judicial office to advance their private interests,
or those of a member of their family or of anyone else, nor shall they convey or permit others
to convey the impression that anyone is in a special position improperly to influence them in
the performance of judicial duties.
Sec. 9 Confidential information acquired by judges in their judicial capacity shall not be used or
disclosed by for any other purpose related to their judicial duties.
Sec. 10 Subject to the proper performance of judicial duties, judges may
(a) Write, lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice or related matters;
(b) Appear at a public hearing before an official body concerned with matters relating to the
law, the legal system, the administration of justice or related matters;
(c) Engage in other activities if such activities do not detract from the dignity of the judicial
office or otherwise interfere with the performance of judicial duties.
Sec. 11 Judges shall not practice law whilst the holder of judicial office.
Sec. 12 Judges may form or join associations of judges or participate in other organizations
representing the interests of judges.
Sec. 13 Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan
or favor in relation to anything done or to be done or omitted to be done by him or her in
connection with the performance of judicial duties.
Sec. 14 Judges shall not knowingly permit court staff or others subject to their influence, direction or
authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or
to be done or omitted to be done in connection with their duties or functions.
Sec. 15 Subject to law and to any legal requirements of public disclosure, judges may receive a token
gift, award or benefit as appropriate to the occasion on which it is made provided that such
gift, award of benefit might not reasonably be perceived as intended to influence the judge in
the performance of judicial duties or otherwise give rise to an appearance of partiality.

CANON 5
EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due performance of
the judicial office.

Sec. 1 Judges shall be aware of, and understand, diversity in society and differences arising from
various sources, including but not limited to race, color, sex, religion, national origin, caste,
disability, age, marital status, sexual orientation, social and economic status and other like
causes.
Sec. 2 Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or
prejudice towards any person or group on irrelevant grounds.
Sec. 3 Judges shall carry out judicial duties with appropriate consideration for all persons, such as the
parties witnesses, lawyers, court staff and judicial colleagues, without differentiation on any
irrelevant ground, immaterial to the proper performance of such duties.
Sec. 4 Judges shall not knowingly permit court staff or others subject to his or her influence, direction
or control to differentiate between persons concerned, in a matter before the judge, on any
irrelevant ground.
Sec. 5 Judges shall require lawyers in proceedings before the court to refrain from manifesting, by
words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally
relevant to an issue in proceedings and may be the subject of legitimate advocacy.

CANON 6
COMPETENCE AND DILIGENCE
Competence and diligence are prerequisites to the due performance of judicial office.
Sec. 1 The judicial duties of a judge take precedence over all other activities.
Sec. 2 Judges shall devote their professional activity to judicial duties, which include not only the
performance of judicial functions and responsibilities in court and the making of decisions, but
also other tasks relevant to the judicial office or the courts operations.
Sec. 3 Judges shall take reasonable steps to maintain and enhance their knowledge, skills and
personal qualities necessary for the proper performance of judicial duties, taking advantage for
this purpose of the training and other facilities which should be made available, under judicial
control, to judges.
Sec. 4 Judges shall keep themselves informed about relevant developments of international law,
including international conventions and other instruments establishing human rights norms.
Sec.5. Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently,
fairly and with reasonable promptness.
Sec.6 Judges shall maintain order and decorum in all proceedings before the court and be patient,
dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the
judge deals in an official capacity. Judges shall require similar conduct of legal
representatives, court staff and others subject to their influence, direction or control.
Sec.7 Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.

DEFINITIONS
In this code, unless the context otherwise permits or requires, the following meanings shall be
attributed to the words used:
Court staff includes the personal staff of the judge including law clerks.
Judge means any person exercising judicial power, however designated.
Judges family includes a judges spouse, son, daughter in-law, and any other
relative by consanguinity or affinity within the sixth civil degree, or person who is
compassion or employee of the judge and who lives in the judges household.
This Code, which shall hereafter be referred to as the New Code of Judicial Conduct for the
Philippine Judiciary, supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct
heretofore applied in the Philippines to the extant that the provisions or concepts therein are embodied
in this Code: provided, however, that in case of deficiency or absence of specific provisions in this
New Code, the Canons of Judicial Ethics and the Code of Judicial Conduct shall be applicable in a
suppletory character.
This New Code of Judicial Conduct for the Philippine Judiciary shall take effect on the first
day of June 2004, following its publication not later than 15 May 2004 in two newspapers of large
circulation in the Philippines to ensure its widest publicity.

-----------------------------------------------------

INTEGRATED BAR OF THE PHILIPPINES

National organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court
and constituted on May 4, 1973 into a body corporate by P.D. No. 181.
The official national unification of the entire lawyer population of the Philippines. This
requires membership and financial support in reasonable amount of every attorney as conditions
sine qua non to the practice of law and the retention of his name in the Roll of Attorneys.
The Board of Governors shall provide the By-Laws for grievance procedure for the
enforcement and maintenance of discipline among all the members of the IBP, but no action
involving the suspension or disbarment of a member or the removal of his name from the Roll of
Attorneys shall be effective without the final approval of the SC. [Rule 139-A, Section 12, Rules
of Court]

Integrated Bar
Bar Integration
State mandated
Voluntary aggrupation of lawyers
Membership is compulsory
Membership is voluntary
Membership is sine qua non for
Not mandatory
practicing the profession
Violation of the rules on membership is
Not
sufficient cause for disbarment or
suspension of a lawyer from the practice
of law
Fundamental Purposes of the IBP
1. To elevate the standards of the legal profession
2. Improve the administrative of justice
3. Enable the Bar to discharge its public responsibilities more effectively (Sec. 2, Rule 139-A, Rules
of Court)
Other Purposes
1. Assist in the administration of justice
2. Foster and maintain on the part of its members high ideals of integrity, learning, professional
competence, public service and conduct
3. Safeguard the professional interests of its members
4. Cultivate among its members a spirit of cordiality and brotherhood
5. Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and
procedure and the relations of the Bar to the Bench and to the public, and publish information
relating thereto
6. Encourage and foster legal education
7. Promote a continuing program of legal research in substantive and adjective law, and make reports
and recommendations thereon.
Members of the Integrated Bar
The following persons are, automatically without exception, members of the IBP:
1. All lawyers whose names were in the Roll of Attorneys of the Supreme Court on January 16,
1973;
2. All lawyers whose names were included or are entered therein after the said date

Effect Of Non-Payment Of Dues (Subject to the provisions of Sec. 22, Rules of Court)
1. Default in the payment of annual dues for six months shall warrant suspension of membership in
the Integrated Bar
2. Default in such payment for one year shall be a ground for the removal of the name of the
delinquent member from the Roll of Attorneys
Voluntary Termination, How Effected
A member may terminate his membership by filing a written notice to that effect with the
Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the
Supreme Court. (1st sentence, Sec. 11, Rule 139-A, Rules of Court)
Effect of Voluntary Termination
Upon bringing the matter of voluntary termination to the Supreme Court, the lawyer shall
cease to be a member of the Philippine Bar, and his name shall be stricken out from the Roll of
Attorneys in accordance with rules and regulations prescribed by the Supreme Court. (2nd sentence,
Rule 11, Rule 139-A, Rules of Court)
Reinstatement of Membership
A delinquent member removed for non-payment of annual dues may be reinstated after
payment of the back dues.
Retirement from Membership
1. Have attained the age of 75 years
2. By reason of physical disability or judicially adjudged mental incapacity, be unable to engage in
the practice of law, may be retired from the integrated Bar upon verified petition to the Board of
Governors.

Retired members shall not practice law or be required to pay dues.

Reinstatement of Retired Members

A retired member may be reinstated to active membership upon written application to and
approval by the Board. The Board shall make periodic reports of retirement and reinstatement of
members to the Supreme Court.