FIRST HOMEWORK

1.

Canons of Professional Ethics was adopted in 1917 in the Philippines. For how many decades did these canons serve as the
ethical compass of lawyers in the Philippines?
These canons served as ethical compass of lawyers in the Philippines for the past 7 decades.

2.

On June 21, 1988, the Philippines Supreme Court promulgated the Code of Professional Responsibility (CPR). What is the
role of the Code of Professional Responsibility in this jurisdiction?
The Code of Professional Responsibility became the source of ethical rules and guidelines for lawyers.

3.

Define Legal Ethics.

Legal Ethics is a branch of moral science which treats of the duties of a member of the legal profession owes the public, to
the court, to his professional brethren and to his clients.

4.

What are the seven rules which govern the ethical behavior of a lawyer?
a.
b.
c.
d.
e.
f.
g.

5.

The Philippine Constitution

The Rules of Court
The Civil Code
Special Statues
The Code of Professional Responsibility
New Code of Judicial Conduct
Supreme Court Decisions

Why is the legal profession a necessity in a democratic country like the Philippines?
The legal profession is a necessity in a democratic country like the Philippines because in our jurisdiction, the rights of
individuals are determined in accordance with laws and established principles. For an orderly administration of justice,
persons knowledgeable in substantive and procedural law must handle cases in court

6.

What is ambulance chasing?

Ambulance chasing is an act of solicitation of almost any legal business by an attorney whether personally or through an
agent in order to gain employment.

7.

Who may practice law in the Philippines? Are foreigners allowed to practice law in the Philippines?
A person duly admitted to the bar in accordance with the procedural law with good and regular standing may be able to
practice law in the Philippines.

8.

What are the required educational qualifications of an applicant for admission to the Philippine bar?
Applicants to the bar must have pursued (a) a four year high school course in a recognized and accredited university,
college or school, (b) course of study prescribed in a bachelors degree in arts or science with political science, logic, English,
Spanish, history & economics as a major field of concentration (c) a 4 year bachelors degree in law with completed course
in civil law, commercial law, labor law, taxation, legal ethics and other subject prescribe by the Supreme Court.

9.

What are the requirements for admission to the bar? C2GRMN

Every applicant for admission as member of the bar must (a) be a citizen of the Philippines (b) at least 21 years of age (c) of
good moral character (d) a resident of the Philippines (e) and must produce before the Supreme court a satisfactory
evidence of good moral character (f) and no charges against him of crimes involving moral turpitude having been files or are
pending in any court in the Philippines

10. Who are the candidates required to take review courses?

Candidates who have failed the bar for 3 times are disqualified from taking another examination unless they show to the
court a satisfactory evidence that they have enrolled and passed a regular fourth year review classes as well as attended a
pre-bar review course in a recognized law school.

11. Define practice of law.

The practice of law means any activity in or out of court which requires the application of law and procedure. Appearance
in court or any tribunal, legal counseling or legal advice, and drafting legal documents are examples of practice of law.
12. Which branch of the government regulates the practice of law?
The authority to admit applicants to the practice of law belongs to the judiciary represented by the Supreme Court in view
of the nature of its judicial function and in the role played by lawyers in the administration of justice.
13. What is the effect of loss of Filipino citizenship on the privilege to practice law in the Philippines? May a lawyer who
reacquires Filipino citizenship automatically resume his practice of law?
The loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. The practice of law is a
privilege denied to foreigners except when Filipino citizenship is lost by reason of naturalization as a citizen of another
country but subsequently re acquired pursuant to RA 9225.
A lawyer who reacquires Filipino citizenship pursuant to RA 9225 can resume aid of an attorney must first secure authority
from the Supreme Court upon compliance with the following:
a.
b.
c.

The updating and payment in full of annual membership dies in the IBP; payment of professional tax;
Completion of at least 36 credit hours of mandatory continuing legal education and
Retaking of the lawyers oath.

14. In general, who can appear and handle cases in court? What are the exceptions?
In general only those who are licensed to practice law can appear and handle cases in court. The following are the
exceptions:
a.
b.
c.

d.

Before the MTC, a party may conduct his case in person with the aid of an agent or friends appointed by him for
that purpose or with the aid of an attorney.
Before any other court, a party may conduct his litigation personally but if he gets someone to aid him, that
someone must be an authorized member of the bar.
In criminal cases before the MTC in a locality where a duly licensed member of the bar is not available, the judge
may appoint a non-lawyer who is a) a resident of that province b) of good repute for probity and ability to defend
the accused.
rd
Student Practice Rule - a law student who has successfully completed his 3 year of the regular 4-year prescribed
law curriculum and is enrolled in a recognized law schools clinical legal education program approved by the SC
may appear without compensation in any civil, criminal, or administrative case before any trial court, tribunal,
board or officer to represent indigent clients accepted by Legal Clinic of the law school. A student shall be under
the direct supervision and control of the member of the IBP duly accredited by the law school if he appears in the
RTC and without such supervision if he appears in an inferior court.

15. Who are the public officials who cannot practice law in the Philippines? JOGPCOGT
The following are public officials who cannot practice law in the Philippines:
a.
b.
c.
d.
e.
f.
g.
h.

Judges and other officials or employees of the superior court.

Officials and employees of the Office of the Solicitor General
Government prosecutors
President, Vice President, members of the cabinet, their deputies and assistant
Chairmen and members of the Constitutional Commissions
Ombudsman and his deputies
Governors, city and municipal mayors
Those who by special law are prohibited from engaging in the practice of their legal profession.

16. Who are the public officials with restrictions in the practice of law? SSRC
a. Senators and members of the House of Representatives
b. Sangunian members
c. Retired Justice or Judge (w/in one year from the date of retirement. The magistrate cannot practice law in the
particular court where he performed his judicial duties.
d. Civil service officers or employees without permit from their respective department heads.

17. What are the restrictions in the practice of law on the members of the legislature?
a.

b.

A lawyer member of the legislature is prohibited from appearing as counsel before any courts of justice, electoral
tribunals or quasi-judicial and administrative bodies. The prohibition includes the mere filing of a motion or any
pleading.
Neither can he allow his name to appear in such pleading by itself or as part of a firm name under the signature of
another qualified lawyer because the signature of an agent amounts to signing of a non-qualified senator or
congressman, the office of an attorney being originally of agency and because he will, by such act, be appearing in
court or quasi-judicial or administrative body in violation of the constitutional restriction.

18. What are the restrictions in the practice of law by Sanggunian members?
Under the Local Government Code, Sangguniang members shall not:
a.
b.
c.
d.

Appear as counsel before any court in any civil case wherein a local government unit or any office, agency or
instrumentality of the government is the adverse party
Appear as counsel in any criminal case wherein an officer or employee of the national or local government is
accused of an offense committed in relation to his office
Collect any fee for their appearance in administrative proceedings involving the local government unit of which he
is an official.
Use property and personnel of the government except when the sangguniang member concerned is defending the
interest of the government.

19. Are members of the sangguniang panlalawigan, panglunsod or bayan authorized to practice their professions, engage in any
occupation or teach in schools outside session hours? Is there a need for them to secure prior permission or authorization
from any other person or office for any of these purposes?
They are required to hold regular sessions only at least once a week, since the law itself grants them the authority to
practice their professions, engage in any occupation or teach in schools outside session hours, there is no longer any need
for them to secure prior permission or authorization from any other person or office for these purposes.
20. Is a punong barangay forbidden to practice his profession?
No, he is not forbidden to practice his profession but he should secure prior permission or authorization from the head of
his Department, as required by the civil service regulation.
21. What are the restrictions in the practice of law by retired justices and judges?
As a condition of the pension provided under RA No. 910, no retiring justice or judge of a court of record or any city or
municipal judge during the time that he is receiving said pension shall appear as counsel before any court in:
a.
b.
c.

Any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party
Any criminal case wherein an officer or an employee of the government is accused of an offense committed in
relation to his officer
Collect any fees for his appearance in any administrative proceedings to maintain an interest adverse to the
government, provincial or municipal or to any of its legally constituted officers.

22. In civil cases, may an individual litigant handle his case personally?
In civil cases, an individual litigant has the right to handle his case personally.
If the accused is charged with an offense punishable by more than six months of imprisonment, can he defend himself
without the assistance of counsel?
If he is charged with an offense punishable by more than 6 months imprisonment, he must be defended by counsel.
When can he defend himself in a criminal case without the assistance of counsel?
If an accused is charged with an offense punishable by imprisonment not exceeding 30 days, he is allowed to defend
himself.
23. What are the four fold duties of lawyers? SLCC
Lawyers must perform their fourfold duties to the society, the legal profession, the courts and their clients in accordance
with the values and norms of the legal profession.

24. What is the essence of forum shopping?

The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either
simultaneously or successively, for the purpose of obtaining a favorable judgement.
25. What is the legal remedy of a lawyer if he is not satisfied with the decision of the court?
If not satisfied with the ruling of the court, he may appeal from such ruling to a higher court
26. Define counsel de oficio.
Counsel de oficio is a lawyer appointed by the court to defend an accused who cannot afford to hire the services of a
counsel.
27. Define notary public
A person appointed by the court whose duty is to attest to the genuineness of any deed or writing in order to render them
available as evidence of facts stated therein and who is authorized by the statute to administer oaths.
SECOND HOMEWORK
1.

What are the qualifications of a notary public?

a. He must be a citizen of the Philippines
b. He must be over 21 years of age
c. A resident of the Philippines for at least 1 year and maintains a regular place of work or business in the city or
province where the commission is to be issued.
d. A member of the Philippine bar in good standing with clearances from the office of the Bar Confidant of the
Supreme Court and IBP.
e. Must not have been convicted in the first instance of any crime involving moral turpitude.

2.

What is the jurisdiction and term of a Notary Public?

A notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a
period of 2 years starting from the 1st of January of the year which the commissioning is made unless earlier revoked.
What are the exceptions to the general rule that the Notary Public shall perform hos notarial act in his regular place of work
or business?
A notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:
a. Public offices, convention halls and similar places where oaths of office may be administered
b. Public function areas in hotels and similar places for the signing of instruments or documents requiring
notarization.
c. Hospitals and medical institutions where a party to the instruments or documents is confined for treatment
d. Any place where a party to the instrument or document requiring notarization is under detention

3.

4.

What should the Notary Public do if the affiant who signed the instrument is not present?
A notary public shall not perform a notarial act if the affiant who signed the document is not present or he could ask for
competent evidence of identity as defined by Sec 2 Rule IV.

5.

What are the three instances when a notary public is disqualified to perform a notarial act?
A notary public is disqualified from performing a notarial act id he:
a. Is a party to the instrument or document
b. Will receive as direct or indirect result any commission, fee advantage, right, title, interest, cash, property or other
consideration except as provided by these Rules and by law.
c. Is a spouse or a common law partner, ancestor, descendant or relative by affinity or consanguinity of the principal
within the fourth civil degree.

6.

May a notary Public notarize a married couples affidavit of legal separation?

No, because the notarial act or transaction is unlawful.

7.

What is an improper document?

An improper document is a blank or incomplete instrument or document or without appropriate notarial certification.

8.

Define amicus curae and of counsel.

Amicus Curae is an experienced and impartial lawyer invited by the court to appear and help in the disposition of the
issues submitted to it. An amicus curae appears in court not to represent any particular party but only to assist the court.
Of-Counsel An experienced lawyer usually a retired justice of the Supreme Court or Court of Appeals employed by law
firms as consultants.

9.

The act of receiving money as acceptance fee for legal services and subsequently failing to render such services is a clear
violation of what Canons of the Code of Professional Responsibility? (Villanueva vs. Gonzales 544 SCRA 410)
Canon 16 A lawyer shall hold trust all money and property of his client that may come in to possession.
Canon 18 A lawyer shall serve his client with competence and diligence.
Villanueva vs Gonzales
Petitioner asked Atty. Gonzales services regarding transfer of title of a lot in Talisay Cebu.
Failure to render legal services and failure to return the money, TCT and other documents.
Petitioner filed a case at IBP, Atty. Gonzales did not respond. Subsequently Commissioner Dulay found Atty.
Gonzales guilty of violation Canons 16 & 18.

10. What factors shall guide a lawyer in determining his legal fees?
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

The time spent and the extent of the services rendered or required
The novelty and difficulty of the questions involved
The importance of the subject matter
The skills demanded
The probability of losing other employment as a result of acceptance of the proffered case
The customary charges for similar services and the schedule of fees of the IBP charter to which he belongs
The amount involved in the controversy and the benefits resulting to the client from the service
The contingency or certainty of compensation
The character of the employment, whether occasional or established
The professional standing of a lawyer

11. What are the two concepts of attorneys fees? Define each of them
Ordinary an attorneys fee is the reasonable compensation paid to a lawyer by his client for the legal services he rendered
to the latter
Extraordinary attorneys fees are deemed indemnity for damages ordered by the court to be paid by the losing party in
litigation.
12. When may a lawyer withdraw his services?
Canon 22 states that A lawyer may withdraw his services only for good cause and upon notice appropriate in the
circumstance.
What are the instances when a lawyer may withdraw his services for a good cause?
Rule 22.01 A lawyer may withdraw his services in any of the following instances:
a. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling
b. When the client insists that the lawyer pursue conduct violative of theses canons and rules
c. When his inability to work with co-counsel will not promote the best interest of the client
d. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment
effectively
e. When the client deliberately fails to pay the fees for the services or fails to comply with retainer agreement.
f. When the lawyer is elected or appointed to public office
g. Other similar cases
13. What is the legal obligation of a lawyer who withdraws or is discharged the courts?
Rule 22.02 A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turnover all papers and
property to which a 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.
14. When may a lawyer decline to accept a case?
A lawyer may decline to accept a case if it will violate his oath as a lawyer such as when a conflict of interest exist. But in a
criminal case, he may not decline to defend the accused even if he believes that he is guilty.
If the case is not meritorious, what should the lawyer do or advise his client?
If the case is not meritorious, the lawyer should be candid enough to his client and should decline the case. He should
instead advise the litigant to settle the case.

15. What is the nature of the lawyers relationship with his client? FPC
The lawyers relationship to his client is fiduciary, personal and strictly confidential.
16. When is there representation of conflict of interest?
There is representation of conflicting interest if the acceptance of the new retainer will require the lawyer to do anything
which will injuriously affect his first client on any matter which he represents.

17. What is covered by the confidentiality rule in a lawyer-client relationship?

Without his clients consent, a lawyer cannot divulge any confidential information made by his client to him the course of
his employment as a counsel. The prohibition covers his secretary, stenographer or clerk. The prohibition is perpetual.
18. What is the rule on termination of attorney-client relationship?
The client has the right to terminate or discharge his attorney at any time with or without cause. The right of the client to
terminate or discharge his lawyer is based on trust and confidence.
19. What is quantum meruit? When does it apply?
A quantum meruit means much as a lawyer deserves to be paid. It applied to the following cases:
a. When there is no express contract
b. The contract is for unconscionable amount
c. The contract is void
d. The lawyer did not finish the case
20. What is contingent fee contract?
A contingent fee contract is an agreement where a lawyer is paid out of the proceeds of the litigation.
21. What is attorneys lien?
An attorneys lien may be availed of by the lawyer to protect himself from unscrupulous clients who unjustly refused to pay
despite his financial capability to do so.
What are the two kinds of attorneys lien and define each of them.
a. Retaining lien means the lawyer has the right to retain documents and papers that come to his possession until
his attorneys fees are fully paid.
b. Charging lien applies in claims for money where the lawyer states on record during the proceeding of the
agreement with his client to pay certain amount of his compensation.
22. What is a champertous contract?
A champertous contract is one where the lawyer stipulates with his client that he will bear all of the expenses for the
recovery of things or property being claimed by the client, and the latter agrees to pay the former a portion of the thing or
property recovered as compensation, if it is void for being against public policy.
23. What are the kinds of liabilities of a lawyer?
In the performance of his duties a lawyer can be held liable civilly and criminally.
24. When may lawyers be held criminally liable?
Lawyers are criminally liable on the following instances:
a. Under Arts. 208 & 209 of the RPC for dereliction of duty and betrayal of public trust
b. Under Art 172 of the RPC, for knowingly introducing falsified documents in a judicial proceeding
c. For estafa for misappropriating the funds of their clients.
25. When are lawyers liable under Art 1491 of the Civil Code? What are the cited grounds?
Lawyers are liable under Art. 1491 of the Civil Code for any of the following grounds:
a. Breach of fiduciary relation
b. Purchase of property
c. Unauthorized appearance under Sec 1 Rule 138
d. Breach of duties to the bar
e. Encroaching upon case of another lawyer
f. Appearing for conflict of interest
g. Gross negligence or gross ignorance
h. Revelation of secrets of the client
i. Misappropriation of funds of his client
j. Purchase of the property of his client in the course of his employment

26. What is contempt of court?

Contempt of court means the power to punish for contempt against any lawyer or person for gross disrespect of the court,
open defiance of court or obstruction of duties.
27. What are the kinds of contempt of court? Define each.
a.

b.

Direct contempt / Contempt in facie curiae - means misbehavior committed in the presence of or so near a court
or judge so as to obstruct or interrupt the proceeding before the same, including disrespect towards the court and
may be punished summarily without hearing.
Indirect contempt an act committed outside the court such as disobedience to the lawful court order or tending
to degrade or obstruct administration of justice.

28. What is a civil contempt?

A civil contempt is committed by a lawyer by his failure to do something ordered by the court which is for the benefit of a
party.
29. What is a criminal contempt?
Criminal contempt consists of any conduct directed against the authority or dignity of the court.
30. What is a lawyers duty to opposing counsel?
He should treat his opposing counsel with courtesy dignity and civility. In his pleadings and arguments, he should use only
languages as benefiting an advocate. He should not resort to personalities and should avoid personal peculiarities and
idiosyncrasies of his opposing counsel.

1.

2.

3.

THIRD HOMEWORK
What is the IBP?
The IBP is the official unification of the entire lawyer population in order that all persons admitted to the practice of law
shall comply with their duties under their oath. *Membership in the IBP is mandatory.
In general, what are the objectives of the IBP?
In general, the objectives of the IBP under Sec 2. Rule 139-A of the Rules of Court are:
a. To elevate the standards of the legal profession
b. To improve the administration of justice
c. To enable the bar to discharge its public responsibility more effectively
What are the terms of office of the duly elected officers of the IBP?
The IBP is a non-partisan and non-profit organization. Its officials are elected for a term of two years.
Who are disqualified to be elected or appointed to any position in the IBP?
Lawyers holding an elective, judicial, quasi-judicial or prosecutor office in the Government or any political subdivision or
instrumentality thereof are not qualified for election or appointment in any position in the IBP or any chapter thereof.

4.

What is the first and foremost duty of a lawyer?

The first and foremost duty of the lawyer is to maintain allegiance to the Republic of the Philippines, uphold the
Constitution and obey the laws of the land. Canon 1 of the CPR provides that a lawyer shall uphold the constitution, obey
the laws and promote the respect for law and legal process.

5.

What offense, if any, did a lawyer commit by issuing a postdated bouncing check in payment of a loan obtained by him from
his client?
BP Blg 22
What are the MCLE completion requirements?
Member of the IBP, unless exempted under Rule 7, shall complete every 3 years at least 36 hours of continuing legal
education activities.
What is the consequence of non-compliance with the MCLE completion requirements?
A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent member by the
IBP Board of Governors upon recommendation of the Committee on MCLE.

6.

7.

A is an Assistant Secretary of the Department of Justice. Is A exempted from MCLE?

Yes, the chief state counsel, chief state prosecutor and assistant secretaries of the Department of Justice are excempted
from MCLE.

Atty. Cruz has been a law professor for 9 years in a leading law school in Metro Manila. Is he exempted from MCLE?
No, the requirement for exemption for law professor is the teaching requirements of at least 10 years, in the hypothetical
case given Atty. Cruz have only been teaching for 9 years.
8.

Atty. Reyes is a Director of PCSO. Is he allowed to employ his son as a consultant in a lotto outlet in Metro Manila?
No.

9.

What are the grounds for disciplinary action?

Under Sec 27 Rule 138 of the Rules of Court a lawyer may be suspended or disbarred from the practice of law for any of the
following grounds:
a. Deceit
b. Malpractice
c. Gross misconduct of office
d. Conviction of a crime involving moral turpitude
e. Grossly immoral conduct
f. Violation of lawyers oath
g. Willful disobedience to lawful order of the court
h. Corruptly appearing as a lawyer for a party without authority to do so
i. Solicitation of cases at law for the purpose of gain either personally or through paid agents or bankers

10. The general rule is that a lawyer may not be suspended or disbarred for misconduct in his non-professional or private
capacity. What is the exception?
Exception: If the misconduct is so gross as to show him to be wanting in moral character, honesty, probity and demeanor.
Who may initiate proceedings for disciplinary action against any lawyer?
Proceedings for disciplinary action against any lawyer may be initiated and prosecuted by the IBP Court or by the board of
officers of an IBP chapter even if no private individual files any administrative complaint.

1.

FOURTH HOMEWORK
What is now the prevailing Code of Judicial Conduct? When did it become effective?
The New Code of Judicial Conduct which became effective on June 1, 2004 is now the prevailing Code of Judicial Conduct as
it has superseded the Canons of Judicial Ethics and the 1989 Code of Judicial Conduct.

2.

What are the qualifications of the Supreme Court and Court of Appeals Justices RTC Justices and MTC Justices?
SC & CA Judges qualifications:
a. Natural born citizen of the Philippines
b. At least 40 years of age
c. Must have been for 15 years or more a judge of a lower court or engaged in the practice of law
d. Must be a person of proven competence, integrity, probity and independence
RTC Judges qualifications:
a. Citizen of the Philippines
b. At least 35 years of age
c. For at least 10 years have neem engaged in the practice of law in the Philippines or has held a public office in the
Philippines requiring admission to the practice of law as an indispensable requisite.
MTC Judges
a. Citizen of the Philippines
b. At least 30 years of age
c. For at least 5 years have been engaged in the practice of law in the Philippines or has held public office in the
Philippines requiring admission to the practice of law as an indispensable requisite.

3.

What are the 6 Canons of the New Code of Judicial Conduct? (IIIPECD)
a.
b.
c.
d.
e.
f.

Canon 1 on independence
Canon 2 on integrity
Canon 3 on impartiality
Canon 4 on property
Canon 5 on equality
Canon 6 on Competence & Diligence

4.

What are the common sources of outside pressure which judges should resist? ( FFAPMM)
In rendering decision on the basis of the evidence and the law or the applicable facts and prevailing jurisprudence, judges
shall reject any pressure from outside sources. Common sources of pressure include family members, friends, associates,
political leaders, media & militant group.

5.

What does the word family in Sec. 4 of the Code of Judicial Conduct include?
The term family in this section includes those related by blood or marriage up to the 6th civil degree as well as those who
belong to the judges employ and are living in the household.

6.

Can a judge handle a case when he is related to anyone of the parties within the 6th degree of consanguinity or affinity?
th

No, when a judge is related to anyone of the parties within the 6 degree of consanguinity or affinity, his disqualification in
mandatory. This is intended to ensure that judges are spared from potential influence of family member by disqualifying
them even before any opportunity for impropriety presents itself.
7.

A judge was on congenial terms with the governor from whom he borrowed vehicles on several occasions to travel to his
judicial station. Would the relation of the judge with the governor be detrimental to judicial independence?
In the case of Suspension of Clerk of Court Jacobo, the Court held that this congeniality was not necessarily detrimental to
judicial independence, provided that there was no showing that such relation were for corrupt ends. However had this case
been tried under the New Code, the judges acts would create an appearance of an improper connection it would be
advisable for judges to avoid becoming dependent on other parties, especially for basic needs like transportation to the
judges work station.

8.

Are judges required to live a hermits life? Can judges join civic, religious or professional organizations? Is there any
qualification?
Judges are not required to live a hermits life. They should socialize and be sensitive to social concerns. Judges may join
civic, religious or professional organization but their membership in these organizations should not interfere with their
judicial duties.

9.

What are the decided cases in penalizing judges for lack of professional integrity?
a.
b.
c.
d.
e.
f.

Tan v. Rosete demanding / accepting bribes

De la Cruz v. Bersamina fraternizing with litigants and/ or lawyers
Fernandez v. Hamoy | Salud v. Almubres delay in rendering decisions
Rallos v. Gako altering orders
Dawa v. De Asa - sexual harassment of employees
Macalintal v. The ignorance of the law

10. With respect for personal integrity, what cases have been decided showing judges were penalized showing transgression in
their personal lives?
a. In re Judge Marcos keeping / flauting a mistress
b. Lachica v. Flordeliza inebriated behavior
c. City of Tagbilaran v. Hontanosas frequenting casinos & cockfights
11. Why should judges avoid side remarks, hasty conclusion, loose statements or gratuitous utterances that suggest that they
are prejudging the case?
Because as stated in Canon 3 Sec 1, judges shall perform their judicial duties without favor, bias or prejudice. It is the duty
of all judges not only to be impartial but also to appear impartial (People v. Nuguid)
12. What are the 7 instances when judges shall disqualify themselves?
Sec 5. Judges shall disqualify themselves from participating in any proceeding in which they are unable to decide
impartially, such proceedings include:
a. The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts
concerning proceedings.
b. The judge previously served as a lawyer or was a material witness in the matter in controversy
c. The judge or a member of his family has an economic interest in the outcome of the controversy.
d. The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy or a
former associate of the judge served as a counsel during their association, or the judge or lawyer was a material
witness therein.
e. The judges ruling in lower court is subject of review.
f. The judge is related by consanguinity or affinity to a party litigant within the 6 th civil degree or to counsel within
the 4th civil degree.

g.

The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary or in a
party to the proceeding, or any other interest that could be substantially affected by the outcome of the
proceeding.

13. Will the mere filing of an administrative case against a judge be a ground for disqualification on the ground of bias and
prejudice?
Mere filing of an administrative case against a judge is not a ground for disqualification on the ground of bias and prejudice
(Aparicio v. Andal, Mantaring v. Roman)
How about reasons of strained relationship, animosity and hostility between a judge and a party or counsel?
Even reasons of strained relationship, animosity and hostility between a judge and a party or counsel are not grounds for
disqualification (Villapando v. Quitain)
14. Is it proper for a Municipal Trial Court Judge to take cognizance of a criminal complaint lodged by his brother, and issue a
warrant of arrest?
No, in the case of Garcia v. Dela Paz, a Municipal Trial Court Judge was dismissed for taking cognizance of a criminal
complaint lodged by his brother, and issuing a warrant of arrest.
15. In what instances may a judge effectively remit disqualification? What is the exception to the foregoing rule?
To effectively remit disqualification, a judge must disclose on the record the basis of disqualification and ask parties and
lawyers to consider out f the presence of the judge, whether to waive disqualification.
Exception: As longs as the disqualification is not based upon personal bias or prejudice, the parties and lawyers may all
agree that the judge should participate, the judge may participate and must incorporate the agreement into the record of
the proceeding.
FIFTH HOMEWORK
1. May a judge be allowed to continue handling a criminal case where the accused was his brother-in-law but the case had
been submitted for decision that the accused became his brother-in-law. (See Ubarra v. Mapalad)
No. A judge violated the rule on cumpolsary disqualification when she did not recuse herself in a criminal case where the
accused was her brother in law even if only after the case had been submitted for decision that the accused became her
brother in law
Canon 4 Sec 4 provides that Judges shall not participate in the determination of a case in which any member of their family
represents a litigant or is associated in any manner with the case.
2.

Under Sec. 10, Canon 4 on Propriety, may a judge be designated to any agency performing quasi-judicial or administrative
functions?
No. This sections tolerance of such activities is limited by Sec. 12 Art VIII of the Constitution, which prohibits judges from
being designated to any agency performing quasi-judicial or administrative functions
May a judge be designated to head the MTRCB for instance?
No.

3.

May Municipal Judges be allowed to administer oaths or execute certificates on matters related to their judicial function?
Yes, Municipal Judges can administer oaths or execute certificates on matters related to their official functions.
May a Judge notarize private documents? (see Villareal v. Diongson) What does it constitute if he notarizes such private
documents?
It was held that the act of a judge in notarizing a pleading in a case which is not pending in the judges sala, or in notarizing
private documents constitutes unlawful practice of law in violation of the Code of Judicial Conduct as implemented by SC
Circular No. 1-90.

4.

Suppose A, a neighbor of Judge B, gave a birthday cake to the latter without asking anything from the judge. Did the judge
violate any law by accepting the birthday cake of his neighbor?
No.
Suppose in the given case, A has a pending case with the judge and gave a cellphone to the Judge with the request that the
case be decided in his favor. May the judge receive the cellphone without violating any law particularly Sec 15 Canon 4 on
Propriety?
No, the judge should not receive the cellphone. As stated in Canon 4 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 reasonably be perceived as intended to influence the judge in the
performance of official duties or otherwise give rise to appearance of partiality.

5.

What error or irregularity committed by judges in the performance of official duties is subject to administrative sanction?
A judge may be subject to administrative fine for inefficiency, neglect and unreasonable delay in elevating the records of a
civil case to the CA.
Are judges liable for every erroneous order or decision?

6.

7.

Not every error or irregularity committed by judges in the performance of official duties is subject to administrative
sanction.
What are the sufficient defenses to charges of ignorance of the law?
Good faith and absence of malice or corruption are sufficient defenses to charges of ignorance of the law.
When does good faith not apply?
Good faith does not apply where the issues are so simple and the applicable legal principles evident and basic as to be
beyond possible margin of error.
What are the two principal sources of international law?
The Constitution incorporates the two principal sources of international law general or customary norms and
conventional norms.

8.

Customary norms which are binding on all states are norms of international law referred to in Sec 2 Article II of the
Constitution. What does the Constitution provide with reference to Sec 2 Art II of the Constitution?
Customary norms binding on all States. Sec 2 Art 2 the Philippines adopt the generally accepted principles of
International law as part of the law of the land

9.

What does the Constitution prescribe with respect to conventional or treaty law?
Conventional norms - Sec 21 Art 7 prescribes that when at least two thirds of all the memebers of the Senate concur in a
treaty or international agreement it may become part of the Philippine domestic law.

10. The core of judicial function is to administer justice impartially and without delay. Sec 5 of Canon 6 on competence and
diligence has become the basis of administrative sanction against judges. Why?
Explicit in this Rule of the Code of Judicial Conduct is the limitation that the judge may only engage in these activities to
the extent that (they) do not impair the performance of judicial duties or cast doubt on the judges impartiality.
11. What is the liability of a judge found guilty of habitual tardiness ( Asensi v. Villanueva)
A judge may be fined and suspended for judicial indolence.
12. What administrative liability, if any, did a judge commit where there was a delay of 3 years in the transmission of court
records to the appellate Court, where a period of 30 days is required? (Pantaleon v. Guadiz)
A judge may be subject to administrative fine for inefficiency, neglect and unreasonable delay in elevating the records of a
civil case to the CA.
13. What meanings shall be attributed to the following words: Judge and Judges family?
Judge any person exercising judicial power, however designated
Judges family includes a judges spouse, son, daughter, son-in-law, daughter-in-law and any other relative by
consanguinity or affinity within the 6th civil degree, or person who is a companion or employee of the judge and who lives in
the judges household.