Lawyer's Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines,
I will support the Constitution and obey the laws as well as the legal orders of the
duly constituted authorities therein; I will do no falsehood, nor consent to the doing
of any in court; I will not wittingly or willingly promote or sue any groundless, false
or unlawful suit, or give aid nor consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to my
clients; and I impose upon myself these voluntary obligations without any mental
reservation or purpose of evasion. So help me God.

I. LEGAL ETHICS
A. Practice of Law
1. Concept
a) Practice of law is not a natural, property or constitutional right but a
mere privilege to be extended or withheld in the exercise of sound
judicial discretion. It is a privilege accorded only to those who measure
up to certain rigid standards of mental and moral fitness. But the right
to practice law, once granted, is a right in the sense that it cannot be
capriciously taken from a lawyer, without due process of law.
b) Practice of law is a profession, a form of public trust, the performance
of which is entrusted only to those who are qualified and who possess
good moral character. It is not a business, using bargain counter
methods to reap a large profit. The gaining of a livelihood is but a
secondary consideration.
c) The law as a profession proceeds from the basic premise that
membership in the bar is a privilege burdened with conditions and
carries with it the responsibility to live up to its exacting standards and
honored traditions.
d) The primary characteristics which distinguish the legal profession from
business are:
(1) a duty of public service of which emolument Is a by-product;
(2) a relation as officer of the court to the administration of
justice;
(3) a relation to client in the highest degree fiduciary;
(4) a relation to colleagues characterized by candor and
fairness.

Practice of law generally

embraces any activity in or out of court, which
requires the application of law, legal principle, practice or procedure, and calls for
legal knowledge, training and experience ( Cayetano v. Monsod, 201 SCRA 210).

It is not limited to the conduct of cases in court. It includes legal advice and
counselling, and the preparation of legal documents and contracts by which legal
rights are secured (Ulep v. Legal Clinic, Inc., 223 SCRA 378

Characteristics of practice of law:

1.
2.
3.
4.

Habituality
Compensation
Application of law, legal principle , practice or procedure
Attorney-client relationship

2. Qualifications for admission to the practice of law:

a.
b.
c.
d.
e.

Citizen of the Philippines;

Resident of the Philippines;
At least 21 years of age;
Of good moral character;
No charge involving moral turpitude filed or pending in court; (Sec.
2, Rule 138, Rules of Court)
f. Educational qualifications (Secs. 5 & 6, , Rule 138, Rules of Couirt) :
g. Passing the Bar examinations. (Alawi v. Alauya, 268 SCRA 628)
h. Taking the oath and signing the Roll of Attorneys. (Aguirre v. Rana,
B.M. 1036, June 10, 2003)
3. Appearance of Non-lawyers
General Rule: Only lawyers may appear and handle cases in court.
Exceptions:
a. Student Practice Rule (Rule 138-A)
1. A 4th year law, enrolled in the schools clinical legal education program
approved by the Supreme Court, may appear to represent indigent
clients , under direct supervision and control of a member of the IBP
duly accredited by the law school.
b. Non-lawyers authorized by the Supreme Court
a. In Municipal or Metropolitan Trial Courts, a person may appear by
himself of through a friend.
b. In municipalities where no lawyer is available, the MTC judge may
appoint a person of repute for integrity and competence to
represent a party in a criminal proceeding.
c. In the RTC, a party may appear for himself (pro se) or through a
lawyer.
d. Small Claims cases.
c.
Non-lawyers authorized by law, to appear, such as union
representatives authorized to represent union member in the NLRC (Art.722
[a], Labor Code).

4. Proceedings where lawyers prohibited from appearing:

a. Proceedings before the Katarungan Pambarangay (Art. 415, Local
Government Code)
b. Small claims proceedings (Secs. 16 & 17, Rule on Small Claims
Cases)
5. Sanctions for practice or appearance without authority:
a. Lawyers without authority this constitutes malpractice and
violation of the lawyers oath, for which he may be suspended or
disbarred.
b. Persons not lawyers may be punished for contempt of court.

6. Public Officials and practice of law

(a) Prohibition or disqualification of former government attorneys
(1) Under R.A. 6713 retired government officials are allowed
to practice their profession, but for a period of one year after their
retirement, they are not allowed to practice in the office where they
had previously been connected.
(2) Under the Code of Professional Responsibility - A
lawyer
may not, after leaving government service, accept
engagement or employment in connection with any matter in which
he had intervened while in said service (Rule 6.03; PCGG v.
Sandiganbayan, 455 SCRA 526 ).
(3) Under the Judiciary Retirement Act (R.A. 910) retired
members of the judiciary cannot appear as counsel in cases, civil,
criminal or administrative, where the government is the adverse
party.
(b) Public officials who cannot practice law or with restrictions.
(1) Prohibited from practicing President, Department
secretaries, judges and justices, prosecutors, Solicitor General and
members of the OSG, members of Constitutional Commissions,
Governors and Mayors.
(2) Allowed to practice but subject to restrictions Senators,
members of the House of Representatives, Vice-Governors and Vice
Mayors, members of the Sanggunians,.
(3) Approval of department head required - Civil Service
employees (Catu v. Rellosa, AC 5738, Feb. 9, 2008, Abella v.
Cruzaba, AC 5088, June 3, 2009 [ [Register of Deeds employee]).
7. Lawyers authorized to represent the government:

a.
b.
c.
d.
e.

Office of the Solicitor General (OSG)

State Prosecutors of the Department of Justice (DOJ
Office of the Government Corporate Counsel (OGCC)
Officers who may be authorized by law.
Private lawyers retained by government entities.

Three conditions before a GOCC can hire a private lawyer: (1) private
counsel can only be hired in exceptional cases; (2) the GOCC must first
secure the written conformity and acquiescence of the OSG or the OGCC,
as the case may be; and (3) the written concurrence of the COA must
also be secured. (Vargas vs.Ignes, 623 SCRA 1)

Rights of a lawyer
1.
2.
3.
4.

To practice law during his lifetime.

The first one to set the machinery of justice in motion.
Presumption of regularity in his actions.
Deemed 1st grade Civil Service Eligible for all positions where
knowledge of law is required, and 2 nd grade eligible for any other
position.
5. Considered worthy of trust and confidence of the public, a leader in
the community

B. DUTIES AND RESPONSIBILITIES OF A LAWYER

1. Sources of duties
1.
2.
3.
4.
5.
6.

C.

Constitution
Statutes
Jurisprudence
Lawyers Oath (Sec. 3, Rule 138)
Rules of Court
Codes of Conduct
a. Code of Professional Ethics
b. Code of Professional Responsibility
GENERAL CLASSIFICATION OF DUTIES OF A LAWYER:

1. Public duties
2. Private duties
3. Personal duties
D. CLASSIFICATION OF DUTIES UNDER THE CODE OF PROFESSIONAL
RESPONSIBILITY
1. Duties to society in general
2. Duties to his profession

3. Duties to the court

4. Duties to his client
E. DUTIES AND RESPONSIBILITIES OF A LAWYER
1. Duties to Society in general:

Canon 1 - A lawyer shall uphold the Constitution, obey the laws of the land, and
promote respect for the law and legal processes (CPR )
A lawyer assumes responsibilities well beyond the basic requirements of good
citizenship. As a servant of the law, he should make himself an example for others
to emulate.

Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral

and deceitful conduct.
a. Unlawful conduct conduct in violation of the law, penal or not.
b. Dishonest conduct disposition to lie, cheat, deceive, defraud or betray.
c. Immoral conduct conduct which is willful, flagrant or shameless, and
which shows a moral indifference to the opinions of good and respectable
members of the community. Grossly immoral act is one that is so corrupt or
false as to constitute a criminal act or so unprincipled or disgraceful as to be
reprehensible to a high degree
d. Deceitful conduct - proclivity for fraudulent and deceptive
misrepresentation, artifice or device used upon another, to the damage or prejudice
of the latter.
Examples of unlawful conduct
a. Advising circumvention of the Constitution prohibiting acquisition of land by
foreigners.
b. Advising clients to execute an antedated sale to avoid taxes. (Chua v. Mesina,
436 SCRA 149)
c. Instigaating clients to violate CARP (Tabang vs. Atty. Gacott, A.C. 4690, July
8, 2013)
d. Issuance of bouncing checks.(De Jesus v. Collado, 216 SCRA 619)
e. Notarizing document for dissolution of conjugal partnership (Espinosa v. Atty.
Omaa, A.C. 9081, Oct. 12, 2011)
Examples of Dishonest Conduct
a. Notarizing documents outside territorial jurisdiction.(Tan Tiong Bio v. Atty
Gonzales, A.C. 6634,Aug. 23, 2007)
b. Notarizing document without a commission (Uy vs. Sao, A.C. 6505, Sept. 11,
2008)

c. Lying in application for admission to bar examination. (In re Lanuevo 66

SCRA 245)
d. Submitting falsified power of attorney to secure bank loan (RuraL Bank v.
Pilla, 350 SCRA 138).
Examples of Immoral Conduct
a. Beso-Beso not immoral (Advincula v. Macabanta, A.C. 7204, March 7, 2007)
b. Lawyer abandoning his familhy to live with another woman (Arnobit vs.
Arnobit, A.C. 1481, Oct. 7, 2008).
c. Lawyer having a child out of marriage (subject to aggravating circumstance
if he denies or fails to support child)
d. Lawyers who commit bigamy or polygamy (Garrido vs.Garrido, A.C. 6573,
Feb. 4, 2010, St. Louis University vs. dela Cruz, A.C. 2010. Aug. 28, 2006)
e. Married lawyers who seduce innocent women (Royong vs. Oblena, A.C. 5299,
Aug. 19. 2003).
Examples of deceitful conduct
a. Convincing client to entrust property to him and disposing of the same
without accounting for the proceeds (Codon vs. Balicanta, 190 SCRA 299;
Hernandez vs. Go, A.C. 1526, Jan. 31, 2004;Angalan vs. Delante, AC 7181,
Feb. 6, 209; Brennisen vs. Contawi, A.C. 7481, April 24, 2012)
b. Deceiving client to sign deed of sale in his favor (Florian vs. Ediza, A.C. 5327,
Oct. 19, 2011).
c. Acquiring insurance proceeds due to client through forged SPA (Maritess
Freeman vs. Reyes, A.C. 6246, Nov. 15, 2011)
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the
law or at lessening confidence in the legal system.
Should not promote an organization known to be violating the law or
engaging in a dishonest scheme (In Re Turrel, 2 Phil. 266),
Scheme to fleece OFWs (Yu vs. Atty. Palana, A.C. 7747, July 14, 2008).
Lawyer who assisted in illegal recruitment of overseas workers Sebastian v.
Calis, 314 SCRA `1
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit
or proceeding or delay any mans cause (Rule 1.03)
Aimed against stirring up litigation, barratry and ambulance chasing.
Rule 1.04 - A lawyer shall encourage his clients to avoid, and/or settle a
controversy if it will admit of a fair settlement.
He should be a mediator for concord and a conciliator for compromise rather
than an instigator of controversy and a predator of conflict (De Ysasi vs. NLRC, 231
SCRA 505).

Canon 2 - A lawyer shall make his services available in an efficient and

convenient manner compatible with the independence, integrity and
effectiveness of the legal profession.
Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or oppressed.
a. But he should not accept more cases than he can handle, Canoy v. Ortiz,
453 SCRA 410).
Rule 2.02 In such cases, even if the lawyer does not accept a case, he shall not
refuse to render legal advice to the person concerned if only to the extent
necessary to safeguard the latters rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
a. Forming a partnership with an unauthorized person for the solicitation of
clients (Tan Tek Beng v. David, 126 SCRA 289; b. Enticing clients of another
lawyer to transfer their cases for a consideration ( Linsangan vs. Tolentino, A.C.
6672, Sept. 4, 2009)
Rule 2.04 A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
Proposed Rule on Mandatory Legal Aid Service

Purpose To enhance the duty of lawyers to society as agents of social

change and to the courts as officers thereof by helping improve access to
justice by the privileged members of society.
Requirements Every practicing lawyer is required to render a minimum of
60 hours of free legal aid services to indigent litigants in a year.
Non-practicing lawyers are required to contribute funds annually.
Practicing lawyers members of the Philippine Bar who appear for and in
behalf of parties in courts of law and quasi-judicial agencies.
Exemptions: (i) government employees and incumbent elective officers not
allowed by law to practice, (ii) lawyers not allowed by law to appear in court,
(iii) supervising lawyer of student legal clinics and lawyers of NGOs and POs,
(iv) lawyers in private sector who do not appear for parties in courts and
administrative agencies.

Canon 3 A lawyer In making known his legal services, use only true,
honest, fair, dignified and objective information
a. Allowable advertisements calling cards and announcements in technical
journals (ULEP vs. Legal Clinic, Inc. 223 SCRA 376)
Rule 3.01 A lawyer shall not use any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim. Regarding his qualifications
or legal services.

a. Lawyer advertising himself as a specialist in annulment of marriage,

improper. (Khan v. Simbillo, 409 SCRA 209)
Rule 3.02 In the choice of a firm name, no false, misleading or assumed name
shall be used. The continued use of the name of deceased partner is permissible
provided that the firm indicates in all its communications that said partner is
deceased.
a. Reverses In re Sycip, Salazar, 92 SCRA 1
b. Use of foreign firm name not allowed (Dacanay v. Baker & McKenzie,
A.C. Case No. 2131, May 10, 1985)
Rule 3.03 When a partner accepts public office, he shall withdraw from the
firm and his name shall be dripped from the firm name unless is allowed to practice
law concurrently
Rule 3.04 A lawyer shall not pay or give anything of value to representatives of
the mass media in anticipation of or in return for publicity to attract legal business
(Rule 3.04)
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 legal education programs, support efforts to achieve high
standards in law schools as well as in the practical training of students
and assist in disseminating the law and jurisprudence.
Canon 6 These canons shall apply to lawyers in government service in
the discharge of their official tasks.
Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to
convict but to see to it that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the innocence3 of the accused is
highly reprehensible and is cause for disciplinary action
Prosecutors represent a sovereign whose obligation to govern impartially is
as compelling as its obligation to govern at all; and whose interest, therefore, in a
criminal case is not that it shall win a case, but that justice shall be done. (Suarez
vs. Platon, 69 Phil. 556)
Rule 6.02 A lawyer in the government service shall not use his public position
to promote or advance his private interests, nor allow the latter to interfere with his
public duties.
Applies to lawyers in government service who are allowed by law to engage in
private practice, and to those who, though prohibited from engaging in private

practice, have friends, former associates, and relatives who are in the active
practice of law.
1. Labor arbiter who issued TR0 and PMI without authority. ( Lahn vs. Mayor, Jr. ,
A.C. 7430, Feb. 15, 2012).
2. DAR lawyer who issued writ of execution of CLOA while notice of coverage
was still pending appeal (Berenguer-Landers vs. Atty.Florin A.C. No. 5119,
April 17, 2013)
3. Should the misconduct (Declaratory Relief) of respondent as judge also
warrant his disbarment from the legal profession? We answer in the
affirmative. (OCA vs. Atty. Daniel B. Liangco, A.C. 5355, Dec. 13, 2011)
Rule 6.03 A lawyer shall not after leaving government service, accept
engagement or employment in connection with any matter in which he had
intervened while in the said service.
Matter means any discrete, isolatable act as well as identifiable
transaction or conduct involving a particular situation and specific party and not
merely n act of drafting, enforcing or interpreting government or agency
procedures, regulations or laws, or briefing abstract priociples of law.
Intervene only includes an act of a person who has the power to influence
the subject proceedings (PCGG vs. Sandiganbayan, 455 SCRA 526)
2. Duties to the legal profession.
Canon 7 A lawyer shall at all times uphold the integrity and dignity of the
legal profession and support the activities of the Integrated Bar.
Integrated Bar of Philippines
a. Integration of the Bar is the official unification of the entire lawyer
population ordained by the Supreme Court on January 16, 1973.
b. Integration of the Bar is constitutional (In re Integration, 49 SCRA 22)
c. Objectives of the IBP: to elevate standard of the legal profession,
improve the administration of justice, enable Bar to discharge its public
responsibility more effectively.
d. Purposes of the IBP include:
1. to assist in the administration of justice
2. foster and maintain high ideals of integrity, learning ,professional
competence, public service and conduct among its members,
3. to safeguard the professional interests of its members,
4. To cultivate among its members
a spirit of cordiality and
brotherhood,
5. To provide a forum for discussion of law, jurisprudence, law
reform, pleading, practice and procedure, and the Bar to the
Bench and the public,
6. To encourage and foster legal education,

7. To promote a continuing program of legal research and make

reports and recommendations thereon.
e. Membership in the IBP is obligatory on all lawyers. A member in good
standing who is 75 years old or who has been lawyer for 40
years or is unable to practice law due to physical disability or
judicially adjudged mental incapacity, may be retired from the IBP
upon petition to the Board of Governors.
f. Every member of the Integrated Bar, even those abroad, shall pay
annual dues fixed by the Board of Governors. Failure to pay dues can
be a ground for suspension and/or disbarment (In re Edillon, 84 SCRA
554).
g. Non-payment of dues is not excused by limited practice of law and
senior citizens discount (Santos vs. Llamas, 322 SCRA 529)
Rule 7.01 A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in application for admission to the bar. (In re Lanuevo,
66 SCRA 245 failure to disclose criminal charge; Diao v. Martinez, 7 SCRA 475
false claim of an A.A. degree).
Rule 7.02 A lawyer shall not support the application of any person known to be
unqualified. In respectto charater, eduction or other relevant attribute.
Rule 7.03 A lawyer shall not engage in conduct that adversely affects 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. (Guevarra v. Eala,
AC 7136, August 2007, Cham v. Patta-Moya, A.C. 7494, June 27, 2008).

Canon 8 . A lawyer shall conduct himself with courtesy, fairness and

candor towards professional colleagues, and avoid harassing tactics
against opposing counsel.
Rule 8.01. A lawyer shall not use abusive, offensive and improper language.
(Barandon, Jr. v. Ferrer, Jr., AC 578, Mar. 26, 2010)
Rule 8.02. A lawyer shall not, directly or indirectly, encroach on the professional
employment of another lawyer., however, it is the right of any lawyer, without fear
or favor, to give proper advice and assistance to those seeking relief agarinst
unfaithful or neglectful counsel.
a. A lawyer shall not in any way communicate upon the subject of
controversy with a party represented by counsel, much less should he
undertake to negotiate or compromise the matter with him, but should
deal only with his counsel (Canon 9, Canons of Profesional Ethics, Camacho
v Pagulayan, 328 SCRA 631
b. Enticing clients of another lawyer to transfer their cases to his office, for a
fee ( Linsangan v. Tolentino, AC 6672, Sep. 4, 200)

Canon 9 A lawyer shall not, directly or indirectly, assist.

unauthorized practice of law.

In the

Rule 9.01- A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed a member of the bar
in good standing.
a. Public policy requires that the practice of law be limited to those fund
duly qualified.
b. Lawyer may delegate work to secretary or paralegal provided he
supervises them and does not authorize them to sign pleadings.
c. A lawyer is prohibited from taking in as a partner or associate, a
lawyer under suspension.
d. This rule does not mean that a lawyer may delegate authority to
represent a client to a qualified person, without the consent of the
client.
B.M. No. 2540, September 24, 2013
In Re: Petition to Sign on the Roll of Attorneys, Michael A.
Medado, Petitioner.
While a reading of Canon 9 appears to merely prohibit lawyers from assisting in
the unauthorized practice of law, the unauthorized practice of law by the lawyer
himself if subsumed under this provision, because at the heart of Canon 9 is the
lawyers duty to prevent the unauthorized practice of law. This duty likewise
applies to law students and Bar candidates.
Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services
with persons not licensed to practice law, except:
a. When there is a pre-existing agreement with partner or associate
that, upon the latters death, money shall be paid over a reasonable
period of time to his estate or to persons specified in the
agreement.
b. Where the lawyer undertakes to complete unfinished business of
deceased lawyer.
c. Where a lawyer or law firm includes non-lawyer employees ina
retirement plan evenif he plan is based in whole orin part on a
profit-sharing agreement
3. Duties to the Court
Canon 10. A lawyer owes candor, fairness and good faith to the court.
Rule 10.01 A lawyer shall not do any falsehood nor consent to the doing of any in
court; nor shall he mislead the court by any artifice of allow the court to be misled.
a. Alleging false date of receipt of court decision Perea v. Almado, 399
SCA 322)
b. Alleging non-existent amicable settlement as ground for dismissal of
complaint (Maligaya v. Doronila 502 SCRA 1)
c. c. Does not include obligation to allege facts constituting a defense
for the adverse party (Fernandez v. De Ramos-Villalon, A.C. 7552, Nov.
22, 2006)

d. d. Informing the Supreme Court that a case had already been decide in
favor of the adverse party (Director of Lands vs. Adorable, 77 Phil.
468)
Dr. Domiciano F. Villahermosa, Sr. Vs. Atty. Isidro L. Caracol
A.C. No. 7325. January 21, 2015
However, Atty. Caracol knew that Efren had already passed away at the time he
filed the Motion for Issuance of Second Alias Writ of Execution and Demolition. As
an honest, prudent and conscientious lawyer, he should have informed the Court
of his clients passing and presented authority that he was retained by the
clients successors-in-interest and thus the parties may have been substituted
Rule 10.02 A lawyer must not knowingly misquote or misinterpret the contents of
the paper, the language or the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as a law provision already rendered
inoperative by repeal or amendment, or assert as a fact that which has not been
proved.
a. Copy word for word, quotation mark by quotation mark (Insular Life
Assurance Co. Ltd. Employees Association vs. Insular Life Assurance Co., Ltd., 37
SCRA 244)
Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse
them to defeat the ends of justice.
a. Misleading the court to believe that the compromise agreement was not signed
by his client (Heirs of Romero vs. Ryes, 461 SCRA 1)
Rule 10.04 A lawyer shall, when filing a pleading, furnish the opposing party with a
copy thereof, together with all the documents annexed thereto. Unless a motion is
ex-parte, he should set it for hearing with sufficient notice to the other party.
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.
Respect is due not only to the judge but also to other officers of the court like
the clerks of court, sheriffs and other officers who take part in the judicial work.
Rule 11.01- A lawyer shall appear in court properly attired.
Rule 11.02- A lawyer shall punctually appear at court hearings
a. Also covers prompt compliance to the courts orders.
b. Judges may cite lawyers in contempt of court for coming late or being
absent.
Rule 11.03. - A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the courts. (Rule 11.03)
a. A lawyers language should alwaysuplift the dignity of the legal
profession.

b. For the felicity of his client, he may be pardoned for some infelicities in
language.
c. There are enough words in the English language which are forceful but
respectful.
Rule 11.04 A lawyer shall not attribute to a judge motives not supported by the
record or having no materiality to the case.
A.C. No. 6332. April 17, 2012
In re: Supreme Court Resolution dated 28 April 2003 in G.R. Nos.
145817 and 145822
Facts: Lawyer who moved for inhibition of a Supreme Court Associate Justice on
the ground of bribery.
Held: Respondent Pea is administratively liable for making gratuitous
imputations of bribery and wrongdoing against a member of the Court, as seen
in the text of the subject Motion to Inhibit, his statements during the 03 March
2003 Executive Session, and his unrelenting obstinacy in hurling effectively the
same imputations in his subsequent pleadings. In moving for the inhibition of a
Member of the Court in the manner he adopted, respondent Pea, as a lawyer,
contravened the ethical standards of the legal profession.
Rule 11. 05. - A lawyer shall not criticize the personal or official conduct of a judge
in an insulting or intemperate language.
a. It is the cardinal condtion of all such criticism that it shall be bona fide
and shall not spillover he walls of decency and propriety (In RE
Almacen, 31 SCRA 581)
Rule 11.06. - A lawyer shall submit grievances against a judge to the proper
authorities only.
a. A complaint for falsification of a certificate of service against a judge
filed with the Ombusdman should be referred to the Supreme Court
(Maceda vs.Ombudsman, 24 SCRA 464)
b. Disbarment complaints filed against judges should be referred by the
IBP to the Supreme Court.
Canon 12. A lawyer shall exert every effort and consider it his duty to
assist in the speedy and effective administration of justice.
Rule 12.01 A lawyer shall not appear for trial unless he has adequately prepared
himself with the law and the facts of his case, the evidence he will adduce and the
order of its preference. He should also be ready with the original documents for
comparison with the copies.
Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.
a. There is forum shopping when i.
As a result of an adverse decision in one forum, a party seeks a
favorable opinion in another forum (other than an appeal or certiorari)
ii.
When a party institutes two or more actions or proceedings grounde3d
on the same cause;

iii.
iv.
v.

When a case is filed in court while an administrative proceeding is

pending.
Where a case for damages is filed in court but really for the purpose of
annuling an adverse administrative decision.
Where case is filed in violation of the rules on res judicata or litis
pendentia,
A.C. No. 6760. January 30, 2013
Anastacio N. Teodoro III Vs. Atty. Romeo S. Gonzales

While the reliefs prayed for in the initiatory pleadings of the two cases are
different in form, a ruling in one case would have resolved the other, and vice
versa. To illustrate, had the lot been declared as part of the estate of
Mercedes in Special Proceedings No. 99-95587, there would have been no
need for a decision annulling the sale in Civil Case No. 00-99207. Conversely,
had the sale in Civil Case No. 00-99207 been annulled, then the property
would go back to the hands of the heirs of Manuela. Placing the property
under administration, as prayed for in Special Proceedings No. 99-95587,
would have been unnecessary.
A.C. No. 6332. April 17, 2012
In re: Supreme Court Resolution dated 28 April 2003 in G.R. Nos. 145817
and 145822
Respondents peculiar request, which was not included in his other motions,
gives the impression that in his quest to have Justice Nachura inhibit himself,
respondent nonetheless did not want his case to be raffled out of the Third
Division. If his only intention was to raise the possibility of bias against Justice
Nachura alone, then it would not matter whether his case remained with the
Third Division, with another member being designated to replace Justice
Nachura, or raffled to another Division altogether. Respondent Peas odd
prayer in his motion for inhibition bore signs of an intent to shop for a forum
that he perceived to be friendly to him, except for one member.
Rule 12.03 A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same or offering
an explanation for his failure to do so.
a. A lawyer should not presume that his motion for extension will be
granted.
b. The period of extension starts where the original period ends.
Rule 12.04 A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse court processes.
a. Claiming clients property to be his to save them from execution (Hegna v.
Paderanga, AC 5955 Sep. 8, 2009)
Rule 12.05 A lawyer shall refrain from talking to his witness during a break or
recess in the trial, while the witness is still under examination.

Rule 12.06.- A lawyer shall not knowingly assist a witness to misrepresent himself
or to impersonate another.
Rule 12.07- A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.
Rule 12.08 -A lawyer shall avoid testifying in behalf of his client, except:
i.
On formal matters, such as the mailing, authentication or custody of an
instrument and the like,or
ii.
On substantial matters, in case where his testimony is essential to the end of
justice, in which event hemust, during his testimony, entrust the ttrial of the
case to nother counsel. where his testimony is essential
a. Santiago v. Rafanan, 440 SCRA 91 not applicable to preliminary
investigations)
Canon 13. A lawyer shall rely upon the merits of his cause and refrain
from any impropriety which tends to influence, or gives the appearance of
influencing the court.
Rule 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with judges.
a. Erlinda Bildner v. Erlinda Ilusorio and Atty. Manuel Singson, G.R. No.
157384, June 5, 2009
Rule 13.02 A lawyer shall not make public statements in the media tending to
arouse public opinion for or against a party. )
a. Re: Suspension of Atty. Bagabuyo, AC 608, Oct. 9, 2007 , Foodsphere, Inc.
v. Mauricio, AC 7199, July 22, 2009.
4. Duties to a client
Canon 14 A lawyer shall not refuse his services to the needy.
a. Lawyer-client relationship strictly personal, highly confidential and fiduciary.
b. Creation of lawyer-client relationship when the advice of a lawyer is sought
on a professional matter, and he gives it.
Rule 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. (Francisco v. Portugal, 484 SCRA 571)
Rule 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.
Counsel de oficio lawyer appointed by the court to represent an indigent party;
opposite of counsel de parte.

Amicus curiae friend of the court; appointed to advise the court in complex
cases.
Amicus curiae par excellance the entire bar pro bono legal service without
expecting payment
Rule 14.03 A lawyer may not refuse to accept representation of an indigent client
unless:
a. He is not in a position to carry out the work effectively or competently ; or
b. He labors under a conflict of interest between him and the prospective client,
or between a present client and the prospective client.
Rule 14.04. A lawyer who accepts the cause of a person unable to pay his
professional fees shall observe the same standard of conduct governing his
relationship with a paying client.
Canon 15. A lawyer shall observe candor, fairness and loyalty in all his
dealings and transactions with his client.
Rule 15.01 - A lawyer, in conferring with a prospective client, shall ascertain as
soon as practicable, whether the matter would involve a conflict with another client
or his own interest, and if so, shall forthwiih inform the prospective client.
Rule 15.02- A lawyer shall be bound by the rule on privileged communication in
respect of matters disclosed to him by a prospective client.
Rule 15.03A lawyer shall not represent conflicting interests except by written
consent of all concerned given after a full disclosure of the facts.
i. Types of conflict of interest:
a. Concurrent or multiple representation
b. Sequential or successive representation
ii. Tests of conflict of interest:
a. Whether a lawyer is duty bound to fight for an issue or claim in behalf
of one client , and at the same time, to oppose that claim for another
client;
b. Whether the acceptance of a new relation would prevent the full
discharge of his duty of undivided loyalty to his client
c. Whether the acceptance of a new relation would invite suspicion of
unfaithfulness or double-dealing in the performance of his duty of
fidelity and loyalty.
d. Whether in the acceptance of the new relation, he would be called
upon to injure his former client on a matter that he has handled for
him, or require him to reveal information that his former client has
given to him.
iii. Rule compared to Rule on Privileged Communication.
Rule on privileged communication 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 or with a view to,
professional employment, nor can an attorneys secretary, stenographer, or
clerk be examined without the consent of the client and his employer.
Concerning any fact the knowledge of which has been acquired in such
capacity (Sec. 24 [b], Rule 130, Revised Rules of Court)

Cases on Conflict of Interest

1. Arises from lawyer-client relationship (Hilado vs. David, 84 Phil. 538)
2. Conflict between lawyer and accountant (Nakpil vs. Valdes, 285 SCRA 748)
3. Corporate counsel in a derivative suit (Hornilla vs. Salunat, 405 SCRA 220).
4. Engaging in business to compete with client (Quiambao vs. Bamba, A.C.
6708, Aug. 25, 2005)
5. Counsel and party plaintiff at the same time (Gamilla vs. Mario, 399 SCRA
108)
6. Counsel of lender and borrower (Lee vs. Simando, A.C. 2537, June 10,2013)
7. Duration of loyalty (Heirs of Falame vs. Baguio, A.C. 6878, March 7, 2009)
Rule 15.04
A lawyer may, with the written consent of all concerned, act as
mediator, conciliator or arbitrator in settling disputes.
a. Buehs vs. Bacatan, A.A. 6674, June 30, 2009
Rule 15.05. A lawyer, when advising his client, shall give a candid and honest
opinion on the merits and possible results of the clients case, neither overstating
nor understating the prospects on the case.
Rule 15.06 - A lawyer shall not state or imply that he is able to influence any public
official, tribunal or legislative body.
Chamelyn A. Agot vs. Atty. Luis P. Rivera
A.C. No. 8000. August 5, 2014
In the instant case, respondent misrepresented himself as an immigration
lawyer, which resulted to complainant seeking his assistance to facilitate the
issuance of her US visa and paying him the amount of P350, 000.00 as down
payment for his legal services. In truth, however, respondent has no
specialization in immigration law but merely had a contact allegedly with Pineda,
a purported US consul, who supposedly processes US visa applications for him.
Undoubtedly, respondents deception is not only unacceptable, disgraceful,
and dishonorable to the legal profession; it reveals a basic moral flaw that makes
him unfit to practice law.
Rule 15.07A lawyer shall impress on his client compliance with the laws and
principles of justice.
a. A lawyer is not a gun for hire.

Rule 15.08- . A lawyer who is engaged in another profession or occupation

concurrently with the practice of law shall make clear to his client whether he is
acting as a lawyer or in another capacity (Art. 15.08)
Canon 16 - A lawyer shall hold in trust all moneys and properties of his
client that may come into his possession.
Rule 16.01 A lawyer shall account for all money or property collected or received for
or received from the client
a. Money given for a purpose must be used for such purpose; otherwise,
returned to client immediately.
b. Failure to do so will raise presumption that lawyer misappropriated it.
(De Chavez-Blanco v. Lumasag, Jr., AC 5195, Apr. 10, 2009)
Rule 16.02- A lawyer shall keep the funds of each client separate and apart from his
own and those of others kept by him.
a. Velez vs. De Vera, A.C. 6697, July 25, 2006
Rule 16.03. - A lawyer shall deliver the funds and property of client 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 execution she has secured for his client as provided for inthe Rules
of Court.
a. A Lawyer may not apply clients funds to his fees if client is still objecting to
the amount thereof. (Lemoine v. Balon, 414 SCRA511).
b. A lawyer will not be ordered to return money given to him for facilitation
fee. (Arellano University v. Mijares, AC 380, Nov. 30. 2009)
c. Retaining lien and charging lien Section 37, Rule 138, Revised Rules of
Court.
Rule 16.04 - A lawyer shall not borrow money from his client unless the clients
interests are fully protected by the nature of the case or by independent advice.
Neither shall a lawyer lend money to his client except, when in the interest of
justice, he has to advance necessary expenses in a legal mater he is handling for
the client.
a. Lawyer borrowing from client - Wong v. Moya, AC
Sps.Concepcion v. Atty. de la Rosa, AC 10681, Feb. 3, 2015

6972, 2008,

Prohibition under Article 1491 of the Civil Code.

Conditions:
a. Lawyer-client relationship;
b. Clients property involved in a litigation;
c. Lawyer is handling litigation for the client;
d. Litigation is still pending;
e. Lawyer acquires the property directly or indirectly:
i.
includes mortgage or lease to lawyer or partnership or corporation
owned by him.

ii.

includes acquisition of a right of redemption of clients property;

iii.

not violated by contingent fee contract;

iv.

void on ground of public policy; fraud is irrelevant.

Canon 17 A lawyer owes fidelity to the cause of his client and shall be
mindful of the trust and confidence reposed in him.
a. Duty of fidelity carries the corollary obligation of serving the client with
competence and diligence, championing his cause with zeal within the
bounds of the law, and exertion of utmost learning and ability. To the end that
nothing shall be taken or withheld from the client except by the rules of law
legally applied.
b. The duty of fidelity outlasts even the death of the client (Heirs of Falame vs.
Atty.Baguio, A.C. 6t876, March 7, 2008

Canon 18. A lawyer shall serve his client with competence and diligence.
Rule 18.01 A lawyer shall not undertake a legal service which he knows or should
know that he is not qualified to render. However, he may render such service if,
with the consent of his client, he can obtain as collaborating counsel a lawyer who is
competent on the matter.
Rule 18.02 A lawyer shall not handle any legal matter without adequate
preparation. .
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him and his
negligence will render him liable. (Rule 18.03) (Talento v. Paneda, AC 7433, Dec.
23, 2009)
Rule 18.04 A lawyer shall keep the client informed of the status of his case and
shall respond within reasonable time to his clients request for information.
a. Solidon v. Macalalad, AC 8158, Feb. 124, 2010
Canon 19 A lawyer shall represent his client with zeal within the bounds
of the law.
Rule 19.01 A lawyer shall employ only fair reasonable means to obtain the lawful
objectives of his client and shall not present, participate in presenting, or
threatening ro present unfounded criminal charges to obtain an improper advantage
in any case or proceeding. Briones v. Jimenez, AC 6691, April 17, 2007, (Pea v.
Aparicio, AC 7208, June 25, 2007. Rural Bank of Calape v. Florido, AC 5736, June
29, 2010)

Rule 19.02.- A lawyer who has received information that his client has, in the
course of the representation, perpetuated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same and failing which he shall terminate
the relationship with such client in accordance with the Rules of Court.
a. But he may not reveal the clients fraud because it might violate the
confidentiality of their relationship.
Rule 19.03 A lawyer shall not allow his client to dictate the procedure in handling
the case.
a. The employment of a lawyer confers upon him general authority to do on
behalf of his client such acts necessary or incidental to the prosecution of the
suit entrusted to him.
b. But the lawyer is more than an agent of the client.
c. The authority to appear for the client is presumed and lasts until the
termination of the litigation.
d. A lawyer has authority to bind the client in all matters of ordinary judicial
procedure the cause of action, the claim demand sued upon, and the subject
matter, is subject the control of the client.
e. Notice to the lawyer is notice to the client.
f. Negligence of the lawyer binding on the client. Exception : where the
negligence is gross and client is deprived of due process of law,
CANON 20. A lawyer shall charge only fair and reasonable fees.
a. A lawyer has the right to have and recover a fair and reasonable
compensation for his services.
b. The compensation of a lawyer should be a mere incident of the practice of
law.
c. A lawyer is entitled to judicial protection against injustice, imposition or fraud
on the part of his client as the client against abuse on the part of his counsel.
d. Generally, a lawyers right to compensation requires the existence of a
lawyer-client relationship and the rendition of services to the client.
e. A written agreement is not necessary to establish a clients obligation to pay
attorneys fees.
f. An agreement for attorneys fees is always subject to the control of the
courts.
g. A lawyer may recover attorneys fees on the basis of quantum meruit when
(1) there is no agreement as to the fees, (2) when there is an agreement
which has been set aside by the court or the parties themselves, (3) when
the agreent for attorneys fees hs been set side due to formal defects, (4)
when the lawyers services has been terminated with just cause.
Rule 20.01 A lawyer shall be guided by the following factors in determining his
fees:
a. The time spent and extent of services rendered or required
b. The novelty and difficulty of questions involved
c. The importance of subject matter
d. The skill demanded

e. The probability of losing other employment as a result of acceptance of

the preferred case.
f. The customary charges for similar services and the schedule of fees of
the IBP chapter to which he belongs.
g. The amount involved in the controversy and the benefits resulting to the
client from the services.
h. The contingency or certainty of compensation
i. The character of the employment, whether occasional or established,
and
j. The professional standing of a lawyer.
Rule 20.02 A lawyer shall, in cases of referral, with the consent of the client, be
entitled to division of fees in proportion to the work performed and the responsibility
assumed.
Acceptance fee - down payment on attorneys fees if he accepts to render
service in the case. Should not be made a precondition to rendering such legal
service (Ceniza v. Rubia, AC 6166, Oct. 2, 2009).
Contingency fee arrangements contract between lawyer and client
whereby the lawyer agrees to handle the clients case but his fee, usually a
proportion of the funds or property that may be recovered,
shall be
contingent on his success in handling the case. Because he takes a risk in the
payment of his fees, a larger amount is allowed. A contingent fee agreement
is valid.
A contingency fee arrangement is different from a champertous agreement
where the in achieving the goal of his client, but with the additional stipulation
that all expenses of the litigation will be shouldered by him. A champertous
agreement is invalid.
Corazon M. Dalupan vs. Atty. Glenn C. Gacott
A.C. 5067, June 29, 2015
On the other hand, an acceptance fee refers to the charge imposed by the
lawyer for merely accepting a case. This is because once the lawyer agrees to
represent a client, he is precluded from handling the case of the opposing party
based on the prohibition on conflict of interest. Thus, he incurs and opportunity
cost by merely accepting the case of the client which is therefore indemnified by
the payment of acceptance fee. Since the acceptance fee only seeks to
compensate the lawyer for a lost opportunity, it is not measured by the nature
and extent of the legal services rendered.
Attorneys liens:
Retaining lien a lawyer is allowed to retain possession of the monies
properties and documents of his client until he is paid his fees.
Requisites are:
1. lawyer obtained possession by virtue of a lawyer-client relationship;

2. lawyer has rendered services;

3. lawyer has not been paid;
Retaining lien is a passive lien. There is no action required of the lawyer to take
to establish the lien. If the documents are needed to be used as evidence, the
lawyer may be ordered to give them to the client, provided the latter posts a
bond for the attorneys fees.
A retaining lien is lost once the lawyer loses possession.
A retaining lien is a general lien. It can be exercised to enforce the payment of
the lawyers fees in all the services he has rendered to the client.
Charging lien the right of a lawyer to charge the judgment and all its
executions for the payment of his fees.
The charging lien is an active lien. The lawyer is required to file a motion in the
case he is handling to charge the judgment with his fees. Copies of his motion
should be furnished to his client and the adverse party, who will be obliged to
pay his fees before paying his client.
Necessarily a charging lien can be established only on a judgment for a sum of
money.
A charging lien is a special lien. It can be utilized only for the payment of the
lawyers services in the case he is handling
Fees and controversies with clients.
Rule 20.03. - A lawyer shall not, without the full knowledge and consent of the
client, accept any fee, reward, costs, commission, interest, and rebate of forwarding
allowance or other compensation whatsoever related to his professional
employment from anyone other than the client. (Spouses Rafols vs. Barrios, AC
4973, Mar 15, 2010)
Rule 20.04. - Avoid controversies with clients concerning his compensation and
resort to judicial action only to prevent imposition, injustice of fraud. (Valentin
Miranda v. Atty. Macario Carpio, AC 6281, Sept. 21, 2011
Procedure: petition for attorneys fees may be filed as an incident in the same
action he is handling or in a separate civil case.
Concepts of attorneys fees.
1. Ordinary the fee that the client pays his counsel for the latters
services.
2. Extraordinary - attorneys fees as an item of damages which the
court may order a losing party to pay to the winning party. As a
general rule, attorneys fees in the concept of damages is not

recoverable- Public policy requires that no penalty be placed on the

right to litigate.
Exceptions are provided in Article 2208 of the Civil Code.
Claim for attorneys fees must be pleaded. Reasons for award must be stated in
body of decision.
A.C. No. 6281, Nov. 21, 2011
VALENTIN C. MIRANDA vs. ATTY. MACARIO D. CARPIO
It is highly unprofessional for a lawyer to impose additional professional fees
upon his client upon his client which were never mentioned nor agreed upon at
the time of the engagement of his services. At the outset, respondent should
have informed the complainant of all the fees or possible fees that he would
charge before handling the case and not towards the near conclusion of the
case. This is essential in order for the complainant to determine if he has the
legal capacity to pay respondent before engaging his service.
Quantum meruit, meaning as much as he deserved, is used as a basis for
determining the lawyers professional fees in the absence of a contract and
recoverable by him for is client. The principle of quantum meruit applies if a
lawyer is employed without a price agreed upon for his services. In such a case,
he would be entitled to receive what he merits for his services, as much as he
has earned.
Canon 21 A lawyer shall preserve the confidences or secrets of his client
even after the attorney-client relation is terminated.
a. Conditions:
1. 1.Existence of a lawyer-client relationship or a prospective lawyer-client
relationship.
2. The client made the communication in confidence.
3. The legal advice is sought from the lawyer in his professional capacity.
b. Exceptions (when allowed):
1. When authorized by the client ;
2. When required by law;
3. When necessary to collect his fees or to defend himself. His employees
and associates or by judicial action (Rule 21.01)
4. Disclosure to partners or associates of the firm, unless prohibited by the
client (Rule 21.04)
5. Disclosure of a crime to be or in the process of being committed.
Rule 21.02 A lawyer shall not, to the disadvantage of his client, use information
acquired in the course of employment, now shall he use the same to his advantage
or that of a third person, unless the client with full knowledge of the circumstances
consents thereto.
Rule 21.03 A lawyer shall not, without the written consent of his client, give
information from his files to an outside agency seeking such information for

auditing, statistical, bookkeeping, accounting data processing or any similar

purpose
Rule 21.04 A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.
Rule 21.05 A lawyer shall adopt such measures as may be required to prevent
those whose services are utilized by him, from disclosing or using confidences or
secrets of the client.
Rule 21.06 A lawyer shall avoid indiscreet conversation about a clients affairs
even with members of his family.
Rule 21.07 A lawyer shall not reveal that he has been consulted about a particular
case except to avoid a possible conflict of interest.
Canon 22 A lawyer shall withdraw his services only for good cause and
upon notice appropriate in the circumstances.
Rule 22.01 - A lawyer may withdraw his services in any of the following cases:
1. When the client pursues am illegal or immoral course of conduct in
connection with the matter he is handling;
2. When the client insists that lawyer pursue conduct violative of these canons
and rules;
3. When his inability to work with co-counsel will not promote the best interests
of the client;
4. When the mental or physical condition of the lawyer renders it difficult for
him to carry out the employment effectively;
5. When the client deliberately fails to pay the fees for the services of fails to
comply with the retainer agreement;
6. When the lawyer elected or appointed to public office; and
7. Other similar cases.
Requisites for substitution of attorney:
a. Written application for substitution;
b. Written consent of the client;
c. Written consent of the attorney to be substituted or at least notice of the
motion for substitution served on him.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer
lien, immediately turn over all papers and property to which the client is entitled,
and shall cooperate with his successor in the orderly transfer of the matter,
including all information necessary for the proper handling of the matter.
C. SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS
1. Nature and characteristics of disciplinary actions against lawyers.
a. Sui generis disciplinary proceedings are a class of their own, neither civil nor
criminal, but an investigation into the character of a lawyer to determine his

fitness to continue in the practice of law. They involve no private interest and
afford no redress for private grievance. They are undertaken solely for public
welfare.
b. Prescription - the Statute of Limitations does not apply. Neither does
prescription preclude disbarment proceedings. However, it may indicate
ulterior motive of the part of the complainant or innocence of the respondent.
But, see Isenhardt vs. Real.
2. Grounds:
a. Acts of misconduct before admission (Garrido v. Garrido, AC 6593, Feb. 4,
2010)
b. Acts of misconduct after admission;
a. Deceit
b. Malpractice
c. Gross misconduct in office
d. Conviction of a crime involving moral turpitude
e. Grossly immoral conduct
f. Violation of the lawyers oath
g. Willful disobedience of a lawful order of the court
h. Corruptly appearing for a party without authority
i. Solicitation of cases (Sec. 27, Rule 138)
In general, loss of good moral character.

A.C. No. 9881, June 4, 2014

Atty. Alan F Paguia vs. Atty. Manuel T. Molina
Even if we assume that Atty. Molina did provide his clients legal advice, he still
cannot be held administratively liable without any showing that his act was
attended with bad faith or malice. The rule on mistakes committed by lawyers in
the exercise of their profession is as follows: An attorney-at-law is not expected
to know all the law. For an honest mistake or error, an attorney is not liable.
Chief Justice Abbott said that, no attorney is bound to know all the law; God
forbid that it should be imagined that an attorney or a counsel, or even a judge,
is bound to know all the law.
3. Proceedings:
a. Initiated by the Supreme Court motu propio or by the IBP, or upon verified
complaint by any person filed with the Supreme Court or an IBP Chapter. .
b. If complaint prima facie meritorious, referred to the IBP, or the Solicitor
General, any officer of the Court or a judge of a lower court.
c. IBP Board of Governors assigns complaint to Commission on Bar Discipline
(CBD).
d. CBD will assign complaint to a Commissioner or group of Commissioners.
e. If complaint found meritorious, Commissioner(s) will require respondent to file
an answer.
f. Commissioner will conduct hearing in which respondent is accorded due
process.

g. After hearing, Commissioner(s) will submit Report and Recommendation to IBP

Board of Governors.
h. Board of Governors will render decision, either exonerating the respondent and
dismissing the case, or imposing a sanction less than suspension, or
recommending suspension or disbarment to the Supreme Court.
Exoneration may be appealed by the complainant to the Supreme
Court. Sanction of less than suspension or disbarment may be appealed by
the respondent to the Supreme Court. Either one may file a motion for
reconsideration with the IBP Board before appealing.
i.

Supreme Court renders decision, by division if penalty is fine of P10, 000 less
and/or suspension for one year or less, and by the court en banc, if penalty is
fine of more than P10, 000.00 and/or suspension for more than one year, or
disbarment.

4. Discipline of Filipino Lawyers Practice in Foreign Jurisdiction:

a. They may likewise be disciplined in the Philippines if their misconduct in the
foreign jurisdiction also constitutes ground for discipline here.
b. But they are entitled to due process here, and the decision of the authorities
abroad shall only be considered as prima facie evidence of misconduct.

A.C. N0. 5377, June 30, 2014

VICTOR C. LINGAN vs. ATTYS. ROMEO CALUBAQUIB and JIMMY F. BALIGA

When this court orders a lawyer suspended from the practice of law, the lawyer
must desist from performing all functions requiring the application of legal
knowledge within the period of suspension. This includes desisting from holding
a position in government requiring the authority to practice law.
Melvyn G. Garcia Vs. Raul H. Sesbreo
A.C. No. 7973 and A.C. No. 10457. February 3, 2015
Even if Sesbreo has been granted pardon, there is nothing in the records that
shows that it was a full and unconditional pardon. In addition, the practice of law
is not a right but a privilege. 19 It is granted only to those possessing good moral
character. 20 A violation of the high moral standards of the legal profession
justifies the imposition of the appropriate penalty against a lawyer, including the
penalty of disbarment

D. Readmission to the Bar

1. Lawyers who were suspended:

Guidelines:
a. a. After a finding that the respondent lawyer must be suspended from the
practice of law, the Court shall render a decision imposing the penalty.
b. Unless the Court explicitly states that decision is immediately executory upon
receipt thereof, the respondent has 15 days within which to file a motion for
reconsideration thereof. Denial of the motion for reconsideration shall render
the decision final and executory.
c. Upon expiration of the period of suspension, the respondent shall file a Sworn
Statement with the Court through the Office of the Bar Confidant stating
therein that he or she has desisted from the practice of law and has not
appeared in any court during the period of his or her suspension
d. Copies of the sworn statement shall be furnished the Local Chapter of the IBP
and to the Executive Judge of the courts where he or she has pending cases
and/or has appeared as counsel.
e. The Sworn Statement shall be considered as proof of respondents
compliance with the order of suspension.
f. Any finding or report contrary to the statements made by the lawyer under
oath shall be ground for imposition of a more severe punishment, or
disbarment, as may be warranted.
(Maniago vs. Atty. De Dios, A.C. No.
78472, March 30, 2010)
2. Lawyers who have been repatriated:
a.
b.
c.
d.

Updating and payment in full of the annual membership dues in the IBP;
Payment of professional tax;
Completion of at least 36 credit hours of MCLE;
Retaking of the lawyers oath. (Petition for Leave to Resume Practice of Law,
Benjamin M. Dacanay, 540 SCRA 424)

3. Lawyers who have been disbarred:

a. Proof of remorse and reformation (certifications of the IBP, judges and
prominent members of the community.
b. Lapse of sufficient time from imposition of penalty.
c. Productive years ahead that can be put to good use.
d. Showing of promise (intellectual aptitude, legal scholarship) and potential for
public service.
e. Other relevant factors and circumstances. Of course, must satisfy the court
that he is a person of good moral character.
Florence Macarrubo vs. Atty. Edmundo I. Macarrubo, A.C. 6148, January 22,
2013.
E. Mandatory Continuing Legal Education

Purpose: to ensure that members of the bar keep abreast with law and
jurisprudence; maintain the ethics of the profession; and enhance the standards of
the practice of law.
Requirements: 36 hours of MCLE every three years: 6 hours for legal ethics, 4
hours to trial and pre-trial skills, 5 hours to alternative dispute resolution, 9 hours to
updates in substantive and procedural laws, 4 hours to legal writing and oral
advocacy, 2 hours to international law and international conventions, 6 hours to
subject as may be prescribed by the MCLE committee.

Compliance: each member shall secure a Compliance Card before the end of his
compliance period. Such card must be returned not later than the day after the end
of his compliance period.
Exemptions:
a. President and Vice-President, Secretaries and Undersecretaries of Executive
Departments,
b. Senators and Members of the House of Representatives,
c. Chief Justice and Associate Justices of the Supreme Court, incumbent and
retired members of the judiciary, incumbent members of the Judicial and Bar
Council, incumbent court lawyers covered by the Philippine Judicial Academy,
d. Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the
Department of Justice,
e. Solicitor General and Assistant Solicitor General,
f. Government Corporate Counsel, Deputy and Assistant Government Corporate
Counsel,
g. Chairmen and Members of Constitutional Commissions.
h. h. The Ombudsman, over-all Deputy Ombudsman, Deputy Ombudsman an
and Special Prosecutor of the Office of the Ombudsman h and Special
Prosecutor of the Office of the Ombudsman
i. Heads of government agencies exercising quasi-judicial functions,
j. Incumbent deans, bar reviewers and professors of law who have teaching
experience for at least ten years in accredited law schools.
k. The Chancellor, Vice-Chancellor and members of the Corps of Professors and
Professorial Lecturers of the Philippine Judicial Academy,
l. Governors and mayors,
m. Those who are not in law practice, private or public.
n. Those who have retired from law practice approved by the IBP Board of
Governors.
o. Good cause.

Sanctions:
a. Non-compliance fee.
b. Non-compliance after 60 days for compliance, listed as delinquent member of
the IBP.

F.

NOTARIAL PRACTICE

1. Qualifications of Notary Public:

a.
b.
c.
d.

Citizen of the Philippines

Over 21 years of age
Resident of the Philippines for at least 1 year
Maintains a regular place of work In the city or province where the
commission is to be issued,
e. Member of the Philippine bar in good standing
f. Has not been convicted in the first instance of a crime involving moral
turpitude.
2. Term of office: two (2) years, commencing from the first
year in which the commission was issued.

day of January of the

3. Powers and limitations:

Powers :
Acknowledgments refers to an act in which an individual on a single
occasion, appears in person before then notary public and
presents an integrally complete instrument or document, is
attested to be personally known to the notary public or identified
through competent evidence of identity, represents to the notary
public that the signature on the instrument of document was
voluntarily affixed by him, and declares that he has executed the
instrument or document as his free and voluntary act and deed,
an if he acts in a particular representative capacity, that he has
the authority to sign in that capacity.
Oaths and affirmations
Jurats - refers to an act in which an individual on a single occasion
appears in person before a notary public and presents an
instrument or document, is personally known to the notary public
of identified through competent evidence of identity, signs the
instrument or document in the presence of the notary, and takes
an oath or affirmation as to such instrument or document.
Signature witnessing
Copy certifications
Any other act authorized by the Rules
a. Witnessing signing by thumb mark
b. Signing on behalf of disabled person

Limitations:
a. A notary shall not perform a notarial act if the person involved as
signatory of the instrument:
1. Is not in the notarys presence personally at the time of
notarization, (Heirs of Villanueva v. Beradio, AC 6270, Jasn
23, 2007)
2. Is not personally known to the notary or identified through
competent document of identity. (Gonzales v. Padiernos, AC
6713, Dec. 8, 2008)
b.

A notary is disqualified from performing a notarial act if he:

1. Is a party to the document or instrument to be notarized?
2. will receive as a direct or indirect result any advantage,
right, title, interest, cash, property or other consideration;
3. is a spouse, common law partner, ancestor, descendant or
relative by affinity or consanguinity of the principal within
the fourth civil degree.

c. A Notary public shall not perform a notarial act if:

1. he knows or has good reason to believe that the transaction
is unlawful or immoral,
2. the signatory shows a demeanor which engender reasonable
doubt as to the consequence of the transaction,
3. The signatory is not acting of his own free will.
d. A Notary Public shall not:
1. Execute a certificate containing information known or
believed to be false,
2. Affix an official signature or seal on a notarial certificate that
is incomplete.
4. Notarial Register a permanently bound book containing a chronological record
of notarial acts, with the following particulars:
1.
2.
3.
4.
5.
6.
7.
8.

Entry number
date and time of act,
type of notarial act,
type and description of instrument,
name and address of each principal,
name or address of each witness,
fee charged,
address where notarization was performed if not in regular place of
work,
9. any other circumstance.
5. Jurisdiction of Notary Public and place of notarization:

a. a. Jurisdiction
Territorial jurisdiction of the commissioning court.(TanTiong Bio v.
Gonzales, AC 6634, Aug. 23, 2007)
b. Place of notarization regular place of work,
Exception:
1. public office, convention halls, and similar places where oaths of office
may be administered,
2. public function areas in hotels and similar places for the signing of
documents or instruments requiring notarization,
3. hospitals and other medical institutions where a party to an instrument
is confined for treatment.,
4. any place where a party to an instrument is under detention.
6. Revocation of Commission Executive judge may revoke commission:
a. For any ground for which an application for a commission may be

denied;

b. Where the notary public

1. fails to keep a notarial register;
2. fails to make a proper entry in his notarial register;
3. fails to send a copy of his entries to the Executive within10 days of the
following month;
4. fails to affix to acknowledgments date of expiration of his commission;
5. fails to submit his notarial register, when filled, to the
Executive
Judge;
6. fails to make his report to the Executive Judge within a reasonable
time, 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 a notarial act;
8. knowledge or competent evidence;
9. executes a false or incomplete certificate;
10.knowingly perform or fails to perform any other act prohibited or
mandated by the Rules;
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.
7. Competent evidence of identity
a. at least one current identification document issued by an official
agency bearing the photograph and signature of the individual; or
b. the oath or affirmation of one credible witness not privy of the
instrument, document or transaction who is personally known to the
notary public, or
c. the oath of affirmation of two witnesses neither of whom is privy to
the instrument, document or transaction who each personally knows
the individual and shows to the notary public documentary
identification.

8. Sanctions:
The Executive Judge shall cause the prosecution of any person who:
a. knowingly acts or impersonates a notary public;
b. knowingly obtains, conceals, defaces, or destroys the seal, notarial
register, or official records of a notary public, and
c. knowingly solicits, coerces, or in any way influences a notary public to
commit official misconduct.
The Executive Judge concerned shall submit semestral reports to the
Supreme Court on discipline and prosecution of notaries public.

II. JUDICIAL ETHICS

A. Sources:
1. Constitution
2. Laws (Civil Code, Penal Code, Anti-Graft Code, R.A 6713
3. Rules of Court
4. Canons of Judicial Ethics
5. Code of Judicial Conduct (prom. Sept. 5, 1989)
6. New Code of Judicial Conduct for the Philippine Judiciary
(prom. April 27, 2004)

B. Qualifications for appointment:

1. For Supreme Court and lower collegiate courts:

a. Natural-born citizen of the Philippines;
b. At least 40 years of age;
c. Judge of a lower court or practiced law for at least 15 years.
(Sec. 7[1], Art. VIII, Phil.Const.)
2. For RTC judges:
a. Natural-born citizen of the Philippines;
b. At least 35years of age;
c. Engaged in practice of law or held public office requiring
admission to practice of law as a requisite for at least 10 years.
(Judiciary Reorg. Act)
3. For MTC judges:
a. Natural-born citizen of the Philippines
b. At least 30 years of age;
c. Engaged in the practice of law or held office requiring,
admission to the bar as a requisite for at least 5 years.
(Judiciary Reorg. Act)
4. For all members of the Judiciary
A member of he Judiciary must be a person of prove competence,
integrity, probity and independence [3], Art. VIII, Constitution)

C. Judicial and Bar Council (Sec. 8, Art. VIII, Const.)

1. Function - recommending appointees to the Judiciar (at least 3 for every
vacancy).
2. Composition:
a. Chief Justice as ex-officio Chairman
b. Secretary of Justice (ex-oficio member)
c. Representative(s) of Congress (ex-oficio member)
d. Representative of the Integrated Bar
e. Professor of Law
f. Retired Member of the Supreme Court
g. Representative of the private practice
( Regular members for a term of 4 years)
D. Qualities required of judges under the New Code:
i.
ii.
iii.
iv.
v.
vi.

Independence
Integrity
Impartiality
Propriety
Equality
Competence and diligence

1. 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 (Canon 1) .
Sec. 1 Judges shall exercise their 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..
Libaros v Dabalos, 199 SCRA 48 ; Go vs. CA, 206 SCRA 165 acting under
pressure of public opinion
Ramirez v. Corpuz-Macandog, 144 SCRA 462 influence of public official
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 anther court or administrative agency.
Sabitsana v. Villamor, 202 SCRA 405 pressuring MTC judge
In Re Justice Demetria, 355 SCRA 366 CA justice interfering with
prosecution of drug case;
OCA vs. Judge de Guzman, 26 SCRA 292 influencing another
RTC judge to cancel notice of lis pendens

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 reasonale observer.
2. 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.
In the judiciary, moral integrity is more than a cardinal virtue. It is a
necessity. (Fernandez v. Hamoy, 436 SCRA 186)
Ignorance of the law is a mark of incompetence, and where the law
involved is elementary, ignorance thereof is considered an indication
of lack of integrity (Macalintal v. Teh, 280 SCRA 623)
Sec. 2 The behavior and conduct of judges must reaffirm the peoples faith in the
integrity of the Judiciary. Justice must not merely be done, but must also be seen to
be done.
a. In-chamber meetings without the presence of the other party must be
avoided (Capuno vs. Jaramillo,243 SCRA 213)
b. Maliciously kissing female subordinates (Talens-Dbon vs.Arceo, 29
SCRA 354, Dawa vs. De Asa, 292 SCRA 703)
c. Judge must guard against losing his temper (Echano vs. Sunga, 102
SCRA 738)
Sec. 3 - Judges should take or initiate appropriate disciplinary measures against
lawyers or court personnel for unprofessional conduct of which the judge may have
become aware.
Corollary to maintenance of order and decorum in the courtroom.
3 Impartiality - isessential to the proper discharge of the judicial office. It plies not
only to the decisions itself but also to the process by which the decision was made.
Sec. 1 Judges shall perform their judicial duties without favor, bias or prejudice.
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.
Pimentel v. Salanga, 21 SCRA 160 peoples faith in the judiciary
Parayno v. Meneses, 231 SCRA 807 duty to sit

Datuin, Jr. vs. Soriano, 391 SCRA 2 Regularity is presumed, Notatu

Dignum.
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.
a. Fraternization with lawyers and litigants should be voided.
Sec. 4 Judges shall not knowingly, while a proceeding is before or could come
before them, make any comment that might be reasonably be expected to affect
the outcome of such proceeding or impair he manifest fairness of the process. Nor
shall judges make any comment in public or otherwise that might affect the fair trial
or any person or issue.
a. Publicity for personal vainglory should be avoided.
Sec. 5 Judges shall disqualify themselves in any proceedings in which they are
unable to decide the matter impartially or in which it may appear to a reasonable
observer that they are unable to decide the matter impartially. Such proceedings
include, but are not limited to instances where:
i. Taken from Sec. 1, Rule 137 of Revised Rules of Court.
ii Disqualification distinguished from inhibition
(a) The judge has actual bias or prejudice concerning a party or personal
knowledge of disputed evidentiary facts.
(1) Bias and partiality must stem from extra-judicial source
(b) The judge has previously served as a lawyer or was a material witness in
the matter in controversy.
(1) The judges objectivity will be impaired.
(2) The judge is not precluded from testifying after inhibiting
(c) The judge or a member of his family has an
outcome of the matter in controversy.

economic interest in the

(1) Octubre vs. Valano, 434 SCRA 636 -Judge did not disqualify himself
and issued a wartant or arrest in a criminal case where he is the
complainant
(d) The judge served as executor, administrator, guardian, trustee or
lawyer in the 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.
Sandoval v. CA, 260 SCRA 283 partial participation

(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.
Villaluz v. Mijares, 288 SCRA 594 petitioner is judges daughter
(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. If the parties and lawyer, 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 proceedings. The agreement, signed by all the parties
and lawyers, shall be incorporated in the record of the proceedings.
Remittal of disqualification Code of Judicial conduct
Associacion de Hacenderos vs. Talisay Milling Co., 88 SCRA 327 judge engaged
a lawyer as his counsel in a separate case, immaterial because judge decided
on a stipulation of facts and lawyers did not object.
Inhibition on discretinary grounds; but decision is not conclusive:
a. A matter of conscience and sound discretion.
b. Judges have a duty to sit, and inhibition should be resorted to
sparingly,
c. Vda. De Bonifacio vs. BLT Bus Co., 34 SCRA 618 fact that one of the
counsels appearing was classmate of the judge is not a ground for
inhibition.
d. Paredes, Jr. vs.Sandiganbayn, 252 SCRA 541 mere divergence of
opnion as to law applicable not a ground for inhibition.
e. Mantaring vs.Roman, 254 SCRA 158 filing of an administrative case
against a judge not a ground for d is qualification.
f. Bellosillo Saludo, A.M> 3297, April 6, 1989 Memberhip in a college
fraternity or civic group not a ground for inhibition.
g. Bautista vs, Causapin, 652 SCRA 442 drinking spree with litigants
ground for inhibition.
4. Propriety and the appearance of propriety are essential to all activities of a
judge.
a. Concept of propriety conformity to prevailing customs and usages
(American Heritage Dictionary)
Sec. 1 Judges shall avoid impropriety and appearance of impropriety in all their
activities.
a. His behavior not only onthe bench but also in every day life should be
beyond reproach.
b. Acts not per se improper can be perceived by the larger community as such.
c. Instances of improper conduct:

i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.

Judge who heard case while on vacation and dressed only in a polo
shirt (Liwanag v. Lusre, A.M> MTJ-08-98-1168, April 21, 1999);
tasteless jokes in a wedding ceremony (Hadap v. Lee, 114 SCRA 559);
drunken behavior in public (De la Paz v. Inutan, 64 SCRA 540).
making insulting statements to a lawyer who did graduate from UP
(Mane vs, Judge Belen, A.M. RTJ-08-2119, June 30, 2001)
Use of court letterhead for private letter (Ladigonvs. Garong, A.M. MTJ08-1712, Aug. 20, 2008)
Immorlity
Intoxication.
Use of guns to terrorize or pistol-whip
Use of intemperate language
Failure to pay debts

Section 2 As a subject of constant public scrutiny, judges must accept personal

restrictions that might be viewed as burdensome by the ordinary citizen and should
do so freely and willingly. In particular, judges shall conduct themselves in a way
that is consistent with the dignity of the judicial office.
a. Use of intemperate language improper, even if addresse no one (Re
Anonyumous Complaint against Judge Edmundo T. Acua, 464 SCRA
250 , Cua Shuk Yin vs. Perello, 474 SCRA 472)
Sec. 3 Judges shall, In their personal relations with individual members of the legal
profession who practice regularly in their courts, avoid situations which might
reasonably give rise to the suspicion or appearance of favoritism or partiality.
Padilla vs. Zantua, 237 SCRA 670 eating with lawyer in public
Sec. 4 A judge shall not participate in the determination of a case in which any
member of their family represents a litigant or is associated in any manner with the
case.
Vidal v. Dojillo, Jr., 483 SCRA 264 moral support for brother
Sec. 5 - Judges shall not allow the use of their residence by a member of the legal
profession to receive clients of the latter or of other members of the legal
profession.
Sec. 6 Judges, like any other citizen, are entitled to freedom of expression, belief,
association and assembly, but in exercising such rights, they shall always conduct
themselves in such a manner as to preserve the dignity of the judicial office and
the impartiality and independence of the Judiciary.
Macias v. Arula, 115 SCRA 135 participating in a political rally
In re Judge Acua, 464 SCRA 250 use of expletives
Sec. 7 Judges shall inform themselves about their personal fiduciary and financial
interests and shall make reasonable efforts to be informed about he financial
interests 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 any one 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.
Dionisio v. Escao, 302 SCRA 411 posting notices for family restaurnt
business in court bulletin board
Sec. 9 Confidential information acquired by a judges in their judicial capacity shall
not be used or disclosed 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, and the administration of justice or related activities.
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.
In re Designation of Judge Rodolfo Manzano, AM 88-7-861-RTC
consitutional prohibition against designation of judges to agencies
performing quasi-judicial or administrative functions.
Sec. 11 - Judges shall not practice law while the holder of judicial office.
Carual v. Brusola, 317 SCRA 34 may serve as executor, administrator,
trustee, guardian or other fiduciary when estate or trust, or ward, is member
of immediate family, and will not interfere with performance of judicial duties
MTC judges as notaries public ex officio, may not notarize private
documents, except (1) when no lawyers available in the municipality, and (2)
notarial fees are paid to the governments account.
Sec. 12 Judges may form or join associations of judges or participate in other
organization representing the interests of judges.
Sec. 13 Judges and members of their families shall neither ask for nor accept any
gift, bequest, and loan or favor in relation to anything done or to be done or entitled
to be done by him 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 entitled to be done in connection with
their duties and 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 or benefit might not be reasonably perceived

as intended to influence the judge in the performance of official duties or otherwise

give rise to an appearance of partiality.
Gifts from foreign sources governed by Sec. 7 (d) of R.A. 6713.
5. Ensuring Equality of treatment to all before the courts is essential to the due
performance of judicial duties.
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.
a. Awareness of international instruments concerning equality of human
beings, and rights of women and children.
b. Gender and Development Mainstreaming Plan for the Philippine Judicial
System adopted on December 9, 2003.
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 j 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 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.
7. 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.
a. The primary duty of judge is to hear and decide cases.
b. CA justice dismissed for failure to decide cases and motions on time
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.
a. Other tasks of judge record keeping and supervision of personnel.

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 the training and other facilities
which should be made available under judicial control, to judges.
Verginesa v. Dilag, 580 SCRA 491 presumed to have more than cursory
knowledge of rules of procedure.
Sec. 4 Judges shall keep themselves informed about relevant developments of
international law, including international conventions and other instruments
establishing human rights norms.
Two general source of international law customary and conventional
norms.
Sec. 5 Judges shall perform all judicial duties, including the delivery of reserved
decisions, efficiently, fairly and with reasonable promptness.
a. Periods for decision fixed by the Constitution:
24 months for the Supreme Court
12 months for the lower collegiate courts
3 months for lower courts to be counted from submission ( filing of
last pleading or
memorandum required )
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.
E. Powers and duties of courts and judicial officers (Rule 135, Revised
Rules of Court).
Sec. 1 Courts always open; justice to be promptly and impartially administered.
Sec. 2 - Publicity of pleadings and records
i. Sitting of every court shall be public, but public may be excluded in the
interest of morality or decency.
ii. Records of every court shall be available for inspection, unless forbidden
in the interest of morality or decency.
Sec. 3. Process of any superior court may be enforced in any part of the Philippines.
Sec. 4 Process of inferior courts shall be enforceable within the province where the
municipality or city lies. Shall not be enforced outside the province except with the
approval of the judge of the RTC of said province, and only in the following cases:

a.
b.
c.
d.

order for delivery of personal property lying outside the province,

attachment or real or personal property lying outside the province,
action is against two or more defendants residing in different provinces ,
where place where case has been brought Is specified in the contract

Writs of execution issued by inferior courts may be enforced in any part of the
Philippines.
Criminal process issued by a judge of an inferior court may be served outside his
province when the district judge or provincial fiscal shall certify that the interests of
justice so require.
Sec. 5. Inherent powers of courts:
a. To preserve and enforce order in its immediate presence.
b. To enforce order in proceedings before it or before persons empowered
to conduct judicial investigation under its authority.
c. To compel obedience of its judgments, orders or processes and to lawful
orders of a judge out of court, in a case pending therein.
d. To control in furtherance of justice the conduct of the ministerial officers,
and of all other persons in any manner connected with a case before it,
in every manner appertaining therein.
e. To compel attendance of persons to testify in a case pending therein.
f.

To administer or cause to be administered oaths in a case pending

therein, and in all other cases where it may be necessary in the exercise
of its powers,

g. To amend and control is process and orders so as to make them

conformable to law and justice,
h. To authorize a copy of a lost or destroyed pleading or other paper to be
filed and used instead of the original and to restore and supply
deficiencies in its records and proceedings.
Sec. 6. When by law jurisdiction is conferred in a court or judicial officer, all
auxiliary writs, processes and other means necessary to carry it into effect may be
employed by such court or officer; and if the procedure to be followed is not
specifically pointed out by law, any suitable process or more of proceeding may be
adopted which appears conformable to the spirit of said law or rules.
Sec. 7. All trials upon the merits shall be conducted in open court and so far as
convenient in a regular court room. All other acts may be done in chambers.
Sec. 8. An RTC judge shall have power to hear and determine any interlocutory
motion when within the district though outside his province, after due notice to the
parties. A petition for habeas corpus, or for release upon bail or reduction of bail
may be heard by an RTC judge at any place in his judicial district.
Sec 9. An RTC judge transferred or reassigned to another province may decide a
case totally heard by him anywhere in the Philippines. If the case has only been

heard partially by him, the parties may ask the Supreme Court to authorize him to
continue hearing and to decide the case.
F. Discipline of Members of the judiciary
a. Members of the Supreme Court by impeachment only.
(1) Grounds:
(i) Culpable violation of the Constitution
(ii) Treason
(iii) Bribery
(iv) Graft and Corruption
(v) Other high crimes
(vi) Betrayal of public trust
(Sec. 2, Art. XI, 1987 Constitution)
2) Procedure:
i.
Verified complaint by any member of the House of Representatives, or
by any citizen endorsed by any member of the House.
ii.
Included in the Order of Business within 10 session days;
iii.
Referral to a committee within 3 session days;
iv.
After hearing, Committee to submit Report approved by majority of its
members within 60 session days;
v.
Report calendared for consideration within 10 session days.
vi.
Affirmation or reversal by at least 1/3 of all the members of the House.
vii.
In case verified complaint or resolution is filed by at least 1/3 of the
Members of the House, the same shall constitute the Articles of
Impeachment, and trial by the Senate shall forthwith proceed.
viii.
The Senate shall have sole power to try and decide all cases of
impeachment.
(3) Sanction:
Removal from office and disqualification to hold any office under the
Republic of the Philippines, and liability to prosecution and punishment
according to law.
Ethical Considerations in the Impeachment of CJ Corona
1.SALN and betrayal of public trust.
2.Senators as judges.
3.Lawyers as prosecutors
4.Lawyers as defense counsels
5.Role of media
b.

Other justices and judges

Grounds:
1. Under Sec. 67 of the Judiciary Act of 1948 Serious misconduct and
inefficiency.

2. Under Sections 8, 9 and 10 of Rule 140: serious, less serious and light
charges.
Serious:
1. Bribery, direct or indirect
2. Dishonesty and violations of the Anti-Graft Law (RA 3019)
3. Gross misconduct constituting violations of the Code of Judicial Conduct.
4. Knowingly rendering an unjust judgment or order.
5. Conviction of a crime involving moral turpitude
6. Willful failure to pay a just debt
7. Borrowing from lawyers and litigants in a case pending before the court
8. Immorality
9. Gross ignorance of the law or procedure
10.Partisan political activities
11.Alcoholism and/or vicious habits
Less serious
1. Undue delay in rendering a decision or order. Or in transmitting the
records of the court
2. Frequent and unjustified absences without leave or habitual tardiness.
3. Unauthorized practice of law
4. Violation of Supreme Court rules, directives, and circulars
5. Receiving additional or double compensation unless
specifically
authorized by law.
6. Untruthful statements in the certificate of service, and
7. Simple misconduct
Light
1.
2.
3.
4.

Vulgar and unbecoming conduct

Gambling in public
Fraternizing with lawyers and litigants with pending cases in court
Undue delay in the submission of monthly reports

How initiated
1. Initiated motu propio by the Supreme Court, - o
2. upon verified complaint by person with personal knowledge, or
Macalintal v. Teh, 280 vs 623 verification nor required if res ipsa
loquitor applicable.
3. anonymous complaint supported by public records of indubitable integrity.
Procedure:
1. If complaint sufficient in form And substance, respondent required to
comment within 10 days,
2. Reference to OCA for evaluation,
3. Reference for investigation retired SC justice (if respondent is CA Justice) to
CA justice, (if respondent is RTC judge), RTC judge (if respondent is MTC
judge).
4. Hearing by investigating judge or justice,
5. Report submitted by investigating judge or justice.

6.

Action by Supreme Court.

Sanctions imposed by the Supreme Court on erring members of the

Judiciary.
1. If the judge is guilty of a serious charge:
(a) dismissal from the service,
(b) forfeiture of all or part of the benefits as the Court may determine,
except accrued leave benefits;
(c) disqualification from reinstatement or appointment to any public office,
including government owned or controlled corporation,
(d) Suspension from office without salary and other benefits for more than
3 but not exceeding 6 months. and
(e) A fine of more than P20,000.00 but not exceeding P40,000.00.
2. If the judge is guilty of a less serious charge:
(a) Suspension from office without salary and other benefits for not less
than 1 nor more than 3 months, or
(b) A fine of more than P10,000.00 but no exceeding P20,000.00.
3. If the judge is guilty of a light charge:
(a) A fine of not less than P1,000.00 but not exceeding P10,000.00,
and/or
(b) Censure,
(c) Reprimand,
(d) Admonition with warning.
Civil liability of judges
General rule not personally liable for damages to person injured in
consequence of an act performed within the scope of his official authority,
without malice, negligence or bad faith.
a. Good faith is always presumed.
Exceptions:
a. Administrative Code of 1987
b. Articles 27 and 32 of the New Civil Code
Criminal liability of judges
1. Under Revised Penal Code.
a. Knowingly rendering an unjust judgment (Art. 204, RPC)
b. Unjust judgment rendered through negligence (Art. 205)
c. Unjust interlocutory order (Art. 206)
d. Malicious delay in administration of justice (Art. 207)
e. Bribery, direct (At. 210) or indirect (Art. 211)
f. Open disobedience (Art. 231)
g. Falsification (Art. 171)

2. Under the Anti-Graft Act (R.A. 3019)

a. Inducing another officer to violate duties (Sec. 3a)
b. Requesting or receiving a gift, employment (Sec. 3b, c, d)
c. Causing undue injury or giving unwarranted benefit (Sec. 3e)
d. Neglect or refusal to act within a reasonable time (Sec. 3f)
e. Filing of SALN (Sec. 7)
3. Plunder (R.A. 7080)
4. Violation of RA 6713, Code of Conduct for Public Officials.
5. Violation of PD 46 (Receiving gifts from private persons in any
occasion)
6. Transfer if unlawfully acquired property (RA 1379)
7.
Violation of right to counsel (EO 155)
Legal Fees (Rule 141)
Sec. 1 Upon filing of pleading or other application which initiates an action, the
prescribed fees shall be paid in full.
Sec. 2 Fees as lien Where a court awards a claim not alleged, or a relief different
or more than that claimed, the party concerned shall pay the additional fees which
shall constitute a lien on the judgment in satisfaction of said lien.
Sec. 11. - Stenographers fee P10.00 per page.
Sec. 12. Notarial fees P100.00
Sec. 14. Witness fee P200.00 per day
Sec 19 Pauper litigants exempt from payment of legal fees. But legal fees shall
be a lien on any judgment rendered in favor of the pauper litigant, unless the court
orders otherwise.
Pauper litigant those whose gross family income does not exceed twice the
monthly minimum wage , and do not own real property with a fair market
value of more than P300,000.00.
Sec. 20 Victim Compensation Fee In addition to the fees imposed, victimcompensation fee of P5,000.00 pursuant to RA 7300 shall be assessed and
collected P5.00 for the filing of eery complaint or petition initiating an ordinary civil
action, special civil action or special proceedings, including civil actions impliedly
instituted with criminal actions where a filing fee is likewise collected.
Sec. 21 The Republic of the Philippines, its agencies or instrumentalities are
exempt from paying legal fees. Local governments and government owned or
controlled corporations are not exempt.

Costs (Rule 142)

Sec. 1 Unless otherwise provided by these rules, costs shall be allowed to the
prevailing party as a matter of course, but the court, for special reasons, may
adjudge that either party shall pay the costs or that it shall be divided as may
be equitable.
Sec. 2. When an action or appeal is dismissed for lack of jurisdiction or otherwise,
the court nevertheless shall have the power to render judgment for costs, as
justice may require.
Sec. 3 Where an action or appeal is found to be frivolous, double or treble costs
may be imposed on the plaintiff or appellant, which shall be paid by his
attorney, if so ordered.
Sec 4 An averment in a pleading made without reasonable cause and found
untrue, shall subject the offending party to payment of reasonable expenses as
may have been necessarily incurred by the other party by reason of such untrue
pleading. The amount fixed by the judge shall be taxed as cost.
Sec. 5 Where the record contains any unnecessary, irrelevant or immaterial
matter, the party responsible for the same shall not be allowed as costs any
disbursements for the same.
Sec. 6 No attorneys fees shall be taxed as costs against the adverse party,
except as provided by civil law.
Sec. 7 If plaintiff shall recover a sum not exceeding P10.00, no cost shall be
recovered, unless the court certifies that the action involved substantial and
important right of the plaintiff.
Sec. 8 In inferior courts, the costs shall be taxed by the judge and included in
the judgment. In superior courts costs shall be taxed by the clerk of court on 5
days written notice given by the prevailing party to the adverse party. Either
party may appeal to the court from the clerks taxation. The cost shall be
inserted in the judgment if taxed before its entry, and payment shall be
enforced by execution.
Court Record and General Duties of Clerks and Stenographers (Rule 136)
Sec. 5 The clerk of a superior court shall issue all ordinary writs and processes,
which does not involve judicial discretion, incident to a pending case, and sign
writs and processes emanating from the court.
Sec. 6. The clerk shall receive and file all pleadings and other papers properly
presented.
Sec. 7. The clerk shall safely keep all records, papers, files, exhibits and public
property committed to his charge.

Sec. 6. The clerk shall keep a general docket of cases filed in court.
Sec. 14. No record shall be taken from the clerks office without an order of the
court, except the Solicitor General or his assistants, the provincial fiscal and his
deputies, and attorneys de oficio.
Sec. 17. It shall be the duty of the stenographer to deliver to the clerk of court
immediately after the close of court sessions, all note he had taken. When such
notes are transcribed, the transcript shall be delivered to the clerk, to be
attached to the record of the case.
Canons of Professional Ethics
Adopted by the Philippine Bar Association in 1917 and 1946, based on the canons
of the American Bar Association. Issued by administrative orders of the
Secretary of Justice.
Consists of 46 canons, many of which are carried over to the Code of Professional
Responsibility. Hence it is considered suppletory to the latter Code.
Thus, the following canons of the Canons of Professional Ethics (CPE) are
correlated to corresponding canons of the Code of Professional Responsibility
(CPR):
Canon 1- duty of the lawyer to maintain a respectful attitude towards the court
(Canon 11, CPR)
Canon 3 attempts to exert personal influence over the judge (Canon 13, CPR)
Canon 5 the defense or prosecution of those accused of crime (Rules 14.01 and
6.01, CPR)
Canons 12, 13, 14 Fixing the amount of the fee (Canon 20, CPR)
Canon 15 how far a lawyer may go in supporting a clients cause (Canon 19,
CPR)
Canon 27 advertising, direct or indirect (Canon 3, CPR)
Canon 23 Partnership names (Canon 3, CPR)