INTRO TO LAW

Definition of Law
Broader sense: any rule of action or norm of conduct
applicable to all kinds of action and to all objects of creation.
Strict sense: a rule of conduct, just and obligatory, laid
down by legitimate authority for common observance and
benefit.
1. rule of conduct: serves as guides of an individual in
relation to his fellowmen and to his community.
2. law must be just: should run as golden threads through
society, to the end that law may approach its supreme ideal
which is the sway and dominance of justice.
3. obligatory: otherwise, the purpose for which they are
intended will not be saved.
4. must be prescribed by legitimate authority:
otherwise, the people could not be expected to observe
them. Authority to make laws is conferred upon those duly
chosen by the sovereign will of the people.
5. must be ordained for the common benefit:
saluspopuliest suprema lex (the welfare of the people is the
supreme law).
Classification of Law
A. Natural Law: derives its force and authority from God.
- superior to all laws.
- a rule of conduct arising out of the natural relations of
human beings, established
by the Creator and existing
prior to any positive precept.
A.1. Physical Law: universal rule of action that governs the
conduct and movement of the things which are non-free and
material.

A.2. Moral Law: establishes what is right and what is wrong

(dictated by human conscience)
A.3. Divine Law: derived from eternal law as it appears
historically to humans, through revelation (appears to human
being as divine commands).
A.3.a. Divine Positive Law: 10 commandments.
A.3.b. Divine Human Positive Law: commandments
of the Church.
B. Positive Law: laws derived by human reason
B.1. Public Law: laws which regulate the structure and
administration of the government, the conduct of the
government in its relation with its citizen.
B.1.a. Constitutional Law: law of land which defines
the powers of the government.
B.1.b. Administrative Law: fixes the organization
and determines the administrative authorities.
: regulates the methods by which the
functions of the government are performed.
B.1.c International Law: regulates the community of
nations.
B.2. Private Law: creates duties rights and obligations.
- law which regulates the relationships between individuals.
B.2.a. Substantive private law: declare legal
relations of litigants when the courts have been properly
moved to action duly presented to them.
B.2.b. Procedural or adjective private law: means
and methods of setting the courts in motion, making the fact
known to them effectuating their judgments.
Parts of Law
1. Declaratory: rights to observe and the wrongs to
be avoided are clearly defined and laid down
2. Directory: subject is instructed and enjoined to
observe those rights and obtain from commission of the
wrong
3. Remedial: method is pointed out to recover a
mans right or redress his wrongs

4. Sanction: penalty should be incurred; without

sanction it is not a law.

Sources of Law
1. Legislation: from the latin word legis + latio= the
bringing/proposing a law.
- the act of making or enacting laws.
2. Precedent: decisions or principles enunciated by a court
of competent jurisdiction on a question of law do not only
serve as guides but also authority to be followed.
3. Custom: have the force of law only:
- acknowledged and approved by society through long and
uninterrupted usage.
Requisites before the court considers custom:
3.a. custom must be proved as a fact according to the
rules of evidence.
3.b. custom must not be contrary to law.
3.c. there must be a judicial intention to make a rule of
social conduct.
3.d. custom must be acknowledged and approved by
society.
4. Court of decision: which apply or interpret the
constitution and the laws are part of the legal system in the
Philippines.
3 Prevailing Legal System
There are many legal systems existed in different. countries:
Mesopotamian,
Anglican, Egyptian, Romanesque,
Hebrew, Ecclesiastical, Chinese,Maritime,
Greek,
Slavic,
Roman, Keltic, Japanese, Mohammedan.

1. Roman Law: body of rules and principles adopted to

guide the Romans in the conduct or observance of their
personal and official affairs without necessarily specifying the
period or the time when those rules were adopted or
promulgated.
Importance: Numerous maxims and legal principles still
found in law book.
: helps students in acquiring a correct style of legal
expression.
a. Ignorantia legis non excusat- Ignorance of the law
excuses no one.
b. Dura lex sed lex- The law may be harsh, but it is still
the law.
c. Cessanteratione cessat ipsa lex- When the reason
for the law ceases, the law
ceases to exist.
d.Sic uteretuoutalienum non laedas- the owner of a
thing cannot make use thereof in such a manner as to
injure the rights of third person.
e. Patria potesta- Parental authority.
f. Negotiorum gestio- Unauthorized management.
g.Res perit domino- The thing perishes with the owner.
h.Jus possidendi- The right to possess.
i.Jus abutendi- The right to abuse.
j.Jus utendi-The right to use.
k.Jus fruendi- The right to the fruits.
l.Jus disponendi- The right to dispose.
m. Jus vendicandi- The right to recover.
n.Nullapoena sine lege- There is no crime when there
is no law punishing it.
o.Saluspopilitest supreme lex- The welfare of the
people is the supreme law.
p.Caveat emptor- Buyers beware.
q.Solutioindebiti- Unjust enrichment
r.Aedificum solo credit- The building follows the land.
s.Accessorium sequitur principale- Land is always
principal.
t.Nullum tempus occuritregi- Time runs not against the
sovereign.
2. Common Law: from case law and books of authority.
: unwritten law which does not emanate from the express will
of the legislature.

3. Mohammedan Law: derived from the Koran and from

writings of Islamic jurists.
Political History of Rome
3 periods:
a. Monarchy (753-509 B.C.): from the earliest times to the
abolition of the kingship.
- a state or nation in which the supreme power is actually
lodged in a monarch.
b. Republic (509-31 B.C): from the abolition of kingship to
the unification of Italy.
- from the Latin res+ publica= public thing: a
government in which a state in ruled by representatives of
the citizen body.
c. Empire (31 B.C.- 1453 A.D.): breakdown of the old
republican form to an imperial state of government.
- supreme political power over several countries when
exercised by a single authority or group.
Historical Background
Philippine legal history may be categorized according to the
various periods in the political history of the country:
a. the pre-Spanish period (pre 1521); Historians have
shown conclusively that the early Filipinos lived in numerous
independent communities called barangays under various
native rules which were largely customary and unwritten.
Evidence points to the existence of two codes, namely, the
Maragtas Code issued by DatuSumakwel of Panay Island
sometime between 1200 and 1212 AD and the Penal Code of
Kalantiao issued by a datu of that name in 1433. however,
there are some historians who question the existence of
these codes. These customary laws dealt with
subjects
such as family relations, inheritance, divorce, usury,
partnerships, loans, property rights, barter and sale, and

crime and punishment. The penal law distinguished between

felonies and misdemeanors, recognized a distinction between
principal and accomplice in matters of criminal liability, and
had an idea of the existence of qualifying and mitigating
circumstances, as well as recidivism as an aggravating
circumstance. Like many ancient societies, trial by ordeal was
practiced in the barangay.
b. the Spanish regime (1521-1898); The arrival of
Ferdinand Magellan in the Philippines on 16 March 1521
presaged a new era in the history of Philippine law. Spanish
laws and codes were extended to the Philippines either
expressly by royal decrees or by implication through the
issuance of special laws for the islands. The most prominent
of these laws and codes were the FueroJuzgo, Fuero Real, Las
SietePartidas, Las Leyes de Toros, Nueva Recopilacion de Las
Leyes de Indias, which contained all the laws then in force in
the Spanish colonies and the NovisimaRecopilacion, which
comprised all the laws from the fifteenth century up to 1805.
At the end of Spanish rule in the Philippines, the following
codes and special laws were in force in the country: the
Codigo Penal de 1870 which was extended to the islands in
1887; the Ley Provisional para la Aplicaciones de las
Disposiciones del Codigo Penal en las Islas Filipinas in 1888;
the Ley de Enjuiciamiento Criminal (Code of Criminal
Procedure of 1872, which was extended in 1888);
Ley de Enjuiciamiento Civil (Code of Civil Procedure of 1856);
Codigo de Comercio(Code of Commerce of 1886); Codigo
Civil de 1889 (except the portion relating to marriage); the
Marriage Law of 1870; the Ley Hipotecaria(Mortgage Law of
1861, which was extended
in 1889); the Ley de Minas
(Mining Law of 1859); the Ley Notarial de 1862; the Railway
Law of 1877; the Law of Foreigners for Ultramarine Provinces
of 1870; and the Code of Military Justice.
c. the Philippine Republic of 1898; By 1872, the Filipinos
had revolted against Spain because of the abuses committed
by the Spanish authorities and friars. The revolution spread
so rapidly that on 12 June 1898, the
independence
of the Philippines was proclaimed by General Emilio
Aguinaldo. A Revolutionary Congress was convened on 15

September 1898, and on 20 January 1899, the Malolos

Constitution was approved.This Constitution proclaimed
popular sovereignty and enumerated the fundamental civil
and political rights of the individual. At the time of its
proclamation, the Republic exercised, albeit briefly, de facto
authority, although this came to an end upon the coming of
the Americans.
d. the American regime (1898-1935) and the
Commonwealth era (1935-1946);The end of the SpanishAmerican War, which was followed by the signing of the
Treaty of Paris on 10 December 1898, paved the way for the
cession of the Philippines to the United States. Upon the
establishment of American sovereignty, the political laws of
the Philippines were totally abrogated and Spanish laws,
customs and rights of property inconsistent with the US
Constitution and with American principles and institutions
were superseded. The government operated under different
organic laws, namely, President MacKinleys Instructions to
the Second Philippine Commission on 07 April 1900; the
Spooner Amendment of 1901; the Philippine Bill of 1902; the
Jones Law of 1916 and the
Tydings-MacDuffie Law of
1934.Pursuant
to
the
Tydings-MacDuffie
Law,
a
Commonwealth government was to be established for a
transitional period of ten years before independence could be
granted. Likewise, it granted to the Filipinos a right to
formulate their own Constitution. In due course, a
constitution was approved on 8 February 1935 which was
signed by US President Franklin D Roosevelt on 23 March
1935 and ratified at a plebiscite held on 14 May 1935, voters
went to the polls to elect the first set of executive and
legislative officials led by President Manuel L. Quezon and
Vice-President Sergio Osmea.
e. the Japanese occupation (1941-1944); On 08
December 1941, the Philippines was invaded by Japanese
forces and was occupied until 1944. during the three-year
military rule, a 1943 Constitution was drafted and ratified by
a special national convention of the KapisanansaPaglilingkod
ng BagongPilipinas(KALIBAPI),which led to the establishment
of the short-lived Japanese-sponsored republic headed by
President Jose P Laurel. During the Japanese occupation, the

Commonwealth, then in exile, functioned in Washington DC

from 13 May 1942 to 03 October 1944 until its reestablishment in Manila on 28 February 1945 by President
Sergio Osmea.
f. the Period of the Republic (1946-1972); The
inauguration of the Philippine Republic on 04 July 1946
marked the culmination of the Filipinos 300 years of struggle
for freedom. The 1935 Constitution served as the
fundamental law with the executive power being vested in
the President, the legislative power in the bicameral
Congress of the Philippines and the judicial power in the
Supreme Court and inferior courts established by law.In the
beginning, efforts of the government were geared towards
economic rehabilitation and the preservation of peace and
order. Due to the widespread agitation for reforms in the
legal and political arenas, Congress adopted Resolution of
Both Houses (RBH) No 2, as amended by RBH No 4, calling
for a Constitutional
Convention
to
propose
amendments to the Constitution on 16 March. The resolution
was implemented by Republic Act No 6132 and approved on
24 August 1970. Pursuant to its
provisions, the election
of 320 delegates was held on 10 November 1970. The
Constitutional Convention met on 01 June 1971 and it took its
members 17 months to draft a new Constitution. While the
Convention was in session, President Ferdinand E Marcos,
acting in accordance with the provisions of the 1935
Constitution, placed the entire Philippines under Martial Law.
On 29 November 1972, the Constitutional Convention
completed its work. The draft of the new Constitution was
submitted to the Filipino people through citizens assemblies
and was ratified on 17 January 1973. Proclamation No 1104
was issued on the same day declaring the continuation
of martial law.
g. the Martial Law Period
continuation of the Republic.

(1972-1986); and

the

Statute Law: refers to the rules enunciated and declared by

the competent authorities for the governance of the
community. It embraces not only the enactment of the

legislative department of the government but also the rules

and regulations which have the force and effect on law.
Methods of adopting Constitutions
Classification of Statute Law
1. Constitution: fundamental law or supreme law of the
land
promulgated
by
the
people.
which all other laws must conform.
- body of rules and maxims in accordance with which the
powers of sovereignty are
habitually exercised.

1.
2.
3.
4.

1935
1974
Freedom Constitution
1987

2. Treaties and other international agreements: an

agreement or contract between two or more states in
reference to peace, alliance, commerce, or other
international relations.

Classification of Constitution
a. according to form
a.1. written: provisions that is been reduced to
writing and embodied in one or more instruments at a
particular time.
a.2. unwritten: collective product of a gradual
political development consisting of unwritten usages and
customary rules.
b. according to origin/history
b.1.
conventional: enacted deliberately and
consciously by a constituent body or a ruler at a certain time
and place.
b.2. cumulative: product of a gradual development
( product of evolution, no formality).
c. according to method
c.1. rigid: can be amended through a formal and
difficult process.
c.2. flexible: can be changed by ordinary legislation.
d. according to the extent which they are observed
d.1. Normative: acceptance and observance of its
provision as a whole.
d.2. Nominal: constitutions which are not lived up to
in practice, the primary objective is education.
d.3. Semantic: only a form of words

3. Statutes proper: is an act of the legislature as an

organized body, expressly in the form and passed according
to the procedure required to constitute it as part of the law of
the land.
4. Administrative rules and regulations: officially
promulgated agency regulations that have the force and
effect of law. It sometimes called regulatory law.
5. Charters of local govtmentunits: laws under which a
city or town or other municipal corporation exercises its
privileges, perform its duties and discharges its obligations.
6. legislations of local govtment units: ordinances
which are usually of local interests only. Exercised by
sanggunianpanlalawigan (province), sanggunianpanlunsod
(city), Sangguniang barangay.
7. tribunal/ court rules: are internal rules of court or
agency with express quasi-judicial powers.
: they govern practice and procedure for the parties who
come before the
courts of tribunals.
8. legislative rules: rules of procedure for the internal order
of law-making bodies.
: legislative rule is an administrative rule adopted by a
government agency in accordance with the notice and
comment requirements of the Administrative procedure act.

Affects all persons of a state or persons or

things of a particular class.
Affects people at large.
Ex: Civil Code
Special
Affects particular persons, class or things.
Operates on a specific class or specific
individuals.
Ex: Franchise Tax
Local
Affecting a particular or specific area or
region or any subdivision of the state.
Applies to a particular locality or place.
Ex: Ordinance

STATUTE LAW
Broader meaning since it includes not only statutes
proper but also the judicial interpretation and
application of the enactment.

Classes of Statute Law

1. General Law
2. Special Law
3.
4.
5.
6.
7.
TREATIES
- Under Philippine Laws, Treaties are international
agreements entered into by the Philippines which require
legislative concurrence after executive ratification. This
term
may
include
compacts
like
conventions,
declarations, covenants and acts.
- Under International Law, Treaty means an international
agreement concluded between States in written form and
governed by international law, whether embodied in a
single instrument or in two or more related instruments
and whatever its particular designation.
- Treaty making power is lodged to the executive.

As to Persons Affected:
o Public
Affects the persons or things within a
jurisdiction, concerns the public and not
merely private interests.
o Private
Affects particular individuals, specifically
enumerates the persons, classes of
persons or things that will be affected in a
particular manner.

According to Effectivity
o Prospective
One which anticipates the regulation of
future conduct or acts done and
transactions occurring after it takes
effect.
o Retrospective
One which effects acts already committed
and operates on acts that will be
committed.

According to Force/Effect
o Mandatory

Requirements of the Parties Entering a Treaty

1. That the parties intended to create rights and obligations.
2.
STATUTES PROPER
-Written will of the legislative solemnly expressed according
to the form necessary to constitute it as a law of the state.
Classes of Statute
According to the Extent of their Effects:
o General

Renders the proceedings to which it

relates null and void for non-compliance.
Must; Shall
Directory
Does not invalidate the proceedings to
which it relates for non-compliance.
May

According to Terms Used

o Affirmative
Directs the doing of an act.
Shall
o Negative
Prohibits a thing from being done.
Shall Not
According to the Term or Duration
o Permanent
Operation or effectivity is not limited but
continues in operation unless repealed or
amended.
Ex: Civil Code
o Temporary
Operation or effectivity is limited to a
period or term and continues until such
period or term expires, unless later
repealed or amended.
Ex: Moratorium Law
According to Nature
o Original
Independent of existing statutory
provision.
o Amendatory
Expressly adds to or supplement an
original law.
o Repealing
Revokes either expressly or impliedly
another statute.

Other
o Remedial
Grants a remedy or improves or facilitates
existing remedies.
o Curative
Cures defects in a prior law or validates
legal or administrative proceedings.
o Penal
Imposes a penalty or punishment for
violation.

Other
o Adopted
Wholly or partly adopted from another
state.
o Re-enacted
Pre-existing statute passed by the same
legislation which originally enacted it for
the same purpose.

Other
o Permissive
Allows certain acts or omissions,
especially those injurious to the rights of
others.
o Prohibitive
Forbids the doing or not doing of certain
things.
o Preceptive
Commands the doing of certain things
and at the same time provides for
Parts of a Statute

Title = caption, it is a short statement of a statute's subject

matter. Placed at its head and intended as a guide on its
contents. The 1987 Constitution, explicitly provides that,
every bill passed by the Congress shall embraced only one

subject wich shall be expressed in the Title thereof (Art.6

Sec.6 Par.1)
Preamble = follows the Title. Preceded by the word
"Whereas"
Enacting Clause = immediately preceeds the body of the
statute containing the phrase "Be it enacted" or its
equivalent.
Body = embodies the substantial provisions of the statute. It
is considered the princial and most important part of the law.
Separability Clause = it is sometimes provided to ensure
that in the event any provision of the act or its application to
any person or circumstance is declared invalid, the remainder
thereof or the applicaiton of the said provision to other
persons or circumstances shall not be affected by such
declaration of nullity by the Supreme Court.
Saving Clause = is a reservation by the legistlature of its
right to amend, alter or repel any provision of the act or that
no person shall be deemed vested by any property or other
right or virtue by the enactment of the same.
Repealing Clause = designates either specifically,
generally or implicitly the prioir statutes or parts thereof
being revoked or repealed by the new statute.
Effectivity Clause = "date of effectivity". Specifies the
time of the act or commence to take in force or effect of law
Repositories of Statute Proper
Statutes enacted by the present Congress of the Philippines,
formerly called the Batasang Pambansa, Congress, Philippine
Commission, Philippine Assembly, Philippine Legislature, and
National Assembly depending on the constitution which
established them are published with Official Gazette and also
complied in complex or book form by the Buruea of Printing.
Laws enacted by the Philippine Commission, Philippine

Assembly, Philippine Legislature from 1900-1935 are

compiled in permanent volumes called Public Laws of the
Philippine Islands.
A law passed by the Philippine Commission, Philippine
Assembly, or the Philippine Legislature is cited as Act No.___
Laws promulgated by the National Assembly and the
Congress of the Philppines during the Commonwealth Period
from 1935-1946 are published in two permanent volumes
entitled Public Laws of the Commonwealth.
A law passed during the Commonwealth
Commonwealth Act No. ______

is cited

as

Laws passed by Congress after the independence of the

Republic of the Philippines on July 4, 1945 are called Republic
Acts. They are published in permanent volumes entitled Laws
and Resolutions.
A law enacted by Congress during that time is denominated
as Republic Act No._____
The phrase "Republic Act" is often abbreviated as RA or Rep.
Act
Laws passed by the Batasang Pambansa are called Batas
Pambansa and likewise published in the Official Gazette.
A law passed by the Batasang Pambansa is cited as Batas
Pambnsa Blg. or BP Blg.
Under the 1987 Constitution, the legislative body of the
Philippines is again called Congress of the Philippines
composed of two houses namely the House of
Representatives and Senate. Laws enacted by the same are
called Republic Acts. They are published in the Official
Gazette, and the copies thereof are available in the Buruea of
Printing.
A Republic Act is cited as Republic Act No. RA No. or Rep. Act
No.

Official Gazette = A publication of the government

published monthly by the Buruea of Printing. All laws passed
by the legislature, Presidential Decrees, Executive Orders,
Proclamations and Administrative Orders, issued by the
President, selected decisions of the Supreme Court and Court
of Appeals. Ordinances of the City of Manila, legal and official
notices, and orders and rules and regulations issued by
various departments.
Without such notice or publication, there would be no basis in
applying the maxim, Ignoratia Legis Non Excusat.
Publication is indispensable in every case but then legislature
may in its discretion provide that the usual 15 day period be
shorten or extended.
EO 200 expressly repealing Art 2 of Civil Code.
Art 2 of Civil Code as amended by EO 200 states that: Laws
shall take effect after 15 days following the completion of
their publication either in the Official Gazette, or in a
newspaper of general circulation in the Philippines, unless
otherwise provided
Newspapers of general circulation could better perform the
function of communicating the laws to the people as such
periodicals are easily available as a wider readership and
come out regularly compared to the Official Gazette which
has limited readership that is being released graphically.

Other Repositories of Statute Proper

Philippine laws
Philippine codes
Civil Code
Family Code
Child and Youth Welfare Code
Code of Muslims
Fiscal laws of the Philppines

Family Code
Has 12 Titles
1:

Fiscal laws of the Philppines

5 books
1: General Provision
2: Persons and Family Relations
3: Succession
4: Adjudication and Settlement of Disputes
5: Miscellaneous
Revised Penal Code
2 books
Book 1: (a) Basic Principle affecting Criminal Liability
(b) Define Felonies under 15 Titles
Book 2:

Municipal Charter
are laws creating public corporation.
Public Corporation = it is one form organized by the
government of the portion of the State. It is created with the
State as its own agency for accomplishment of parts of its
own public forms.
Classes of Public Corporation
1. Quasi Corporation = is a public corporation created as
an agency of the State for narrow and limited purposes. It
is not possessed of the power and liablities of self
governing corporations. It is created by special act of
Congress.
2. Municipal Corporation = a body politic constituted by
the incorporation of the inhabitants of a city or town for
purposes of law or government thereon. Either created by
a general law such as in the case of municipalitiess which
is a special act of Congress such as in the case of charter

cities,
barangays formerly barrios may be created by
mere resolution of the provincial laws
Examples
Rules, regulations or orders of such administrative
authorities enacted and promulgated in pursuance of
the purposes on which they are created.
The body of doctrines and decisions dealing with
operation and effect of detemination of such
administrative authorities.

Examples of the Laws which created Cities

RA 409 City of Manila
RA 537 Quezon City
Commonwealth Act 158 Iloilo City
Commonwealth Act 58 Cebu City
Territorial and Political Subdivision = Province, City,
Municipality, Barangay
Local Legislation
the local legislative bodies are:
1. Sangguniang Panlalawigan (Province)
2. Sangguniang Panlunsod (Cities)
3. Sangguniang Bayan (Municipalities)
4. Sangguniang Barangay (Barangay)
Sanguniang Panlalawigan
Governor, Vice Governor etc.

should

composed

of

In the City of Manila, the publication requirement is

mandatory. It is the exemption. As a general rule, publication
of ordinances passed by local legislative bodies is merely
directory. The exemption is city of Manila which is publication
requirement is mandatory.
In case of other local administrative, the only requirement for
them is to post their ordinances or resolutions in the main
entrance of the municipal building on the day after their
passage. Publication in official gazette is not required and will
not render the ordinance null and void.
Subordinate Legislation = these are the rules and
regulations and orders issued by administrative departments,
commissions on both executive orders and proclamations
issued by the president of the Philppines. They are published
in the Official Gazette.

Rules of Court under 1987 Constitution

vest in Supreme Court in the power to promulgate rules
concerning the protection, enforcement of constitutional
rights, pleading practice and procedure in all courts. (Art 8
Sec 5 Par 5)
The Rules of Court adopted by the Supreme Court have the
force and effect of law. The present Rules of Court embraces
rules under civil action, rules of special proceedings, rules of
criminal procedure, rules on evidence and application on the
practice of law.
3 Limitations under the Rule making power of the
Supreme Court
1. The rules promulgated must be uniform for all courts of
the same grade.
2. The rules shall be subject to the power of Congress to
repeal, alter and supplement them.
3. The rules may not diminish or modify substantive rights.
Midterm
cases
laws concept classification
definition
characteristic
worlds legal system
brief history of phil law

statue of law, classes

statute
consti, def, kinds
const vs statute
const vs ordinance
1985 const
methods of adopting, 1985,
treaty
definition, statutes proper
parts, classes
bill becomes a law
municipal charters
public corporation, classes
local legislation
local legislative body
publicaiton of ordinances
subordinate legislation
rules of court

LEGAL ETHICS is a branch of moral science, which

treats of the duties which an attorney owes to the court, to
the client, to his colleagues in the profession and to the
public as embodied in the Constitution, Rules of Court, the
Code of Professional Responsibility, Canons of Professional
Ethics, jurisprudence, moral laws and special laws.
Original Bases of Legal Ethics:
1.
2.
3.
4.

Canons of Professional Ethics

Supreme court Decisions
Statistics
Constitution

5. Treatises and publications

Present Basis of the Philippine Legal System: Code of
Professional Responsibility.
BAR
V.
BENCH
Refers to the whole body of attorneys and denotes
the
whole body of counselors, collectively the members of
judges
the legal profession
Practice of Law any activity, in or out of court which
requires the application of law, legal procedure,
knowledge, training and experience. To engage in the
practice of law is to give notice or render any kind of
service, which or devise or service requires the use in
any degree of legal knowledge or skill (Cayetano v.
Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/
Abogado/Boceros: that class of persons who are
licensed officers of the courts, empowered to appear
prosecute and defend and upon whom peculiar duties,
responsibilities, and liabilities are developed by law as
a consequence (Cui v. Cui, 120 Phil. 729).

Attorney in fact an agent whose authority is strictly

limited by the instrument appointing him, though he
may do things not mentioned in his appointment
necessary to the performance of the duties specifically
required of him by the power of attorney appointing
him, such authority being necessarily implied. He is
not necessarily a lawyer.

Counsel de Oficio a counsel, appointed or assigned by the

court, from among members of the Bar in good
standing who, by reason of their experience and
ability, may adequately defend the accused.
Note: In localities where
available, the court may
of the province and good
to defend the accused.
Court.

members of the Bar are not

appoint any person, resident
repute for probity and ability,
Sec. 7, Rule 116, Rules of

Attorney ad hoc a person named and appointed by the

court to defend an absentee defendant in the suit in
which the appointment is made (Bienvenu v. Factors
of Traders Insurance Cp., 33 La.Ann.209)
Attorney of Record - one who has filed a notice of
appearance and who hence is formally mentioned in
court records as the official attorney of the party.
Person whom the client has named as his agent upon
whom
service
of
papers
may
be
made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel to distinguish them from attorneys of record,
associate attorneys are referred to as of counsel (5
Am. Jur. 261).
Lead Counsel The counsel on their side of a litigated
action who is charged with the principal management
and direction of a partys case.
House Counsel Lawyer who acts as attorney for business
though carried as an employee of that business and
not as an independent lawyer.
Bar Association an association of members of the legal
profession.

Advocate The general and popular name for a lawyer who

pleads on behalf of someone else.
Barrister (England) a person entitled to practice law as an
advocate or counsel in superior court.
Proctor (England) Formerly, an attorney in the admiralty
and ecclesiastical courts whose duties and business
correspond to those of an attorney at law or solicitor in
Chancery.
Titulo de Abogado - it means not mere possession of the
academic degree of Bachelor of Laws but membership
in the Bar after due admission thereto, qualifying one
for the practice of law.

The Bar Examination Committee:

Composed of (1) member of the Supreme Court

who acts as Chairman and eight (8) members of the
bar.
The 8 members act as examiners for the 8 bar
subjects with one subject assigned to each.
The Bar Confidant acts as a sort of liason officer
between the court and the Bar Chairman on the
other hand, and the individual members of the
committee on the other. He is at the same time a
deputy clerk of court.
Admission of examinees is always subject to the
final approval of the court.

Practice of Law

ADMISSION

TO THE

PRACTICE

OF

LAW

The Supreme Court has the power to control and regulate

the practice of law. Thus, the Constitution, under Article VIII,
Sec. 5 (5) provides:
Sec. 5. The Supreme Court shall have the
following powers:
(5) Promulgate rules concerning the
protection
and
enforcement
of
constitutional rights, pleading, practice
and procedure in all courts, the admission
to the practice of law, the Integrated Bar,
and legal assistance to the under
privileged.
The Supreme Court acts through a Bar Examination
Committee in the Exercise of his judicial function to admit
candidates to the legal profession.

The practice of law is a privilege granted only to those

who possess the STRICT INTELLECTUAL AND MORAL
QUALIFICATIONS required of lawyers who are instruments in
the effective and efficient administration of justice. (In Re:
Argosino, 1997).
Requirements for admission to the Bar:
1.
2.
3.
4.
5.

citizen of the Philippines

at least 21 years old
of good moral character
Philippine resident
Production before the supreme court satisfactory
evidence of:
a. good moral character
b. no charges against him, involving moral
turpitude, have been filed or are pending in any
court in the Philippines.

Requirement of Good Moral Character: a continuing

requirement; good moral character is not only a condition
precedent for admission to the legal profession, but it must

also remain intact in order to maintain one's good standing in

that exclusive and honored fraternity. (Tapucar vs. Tapucar,
1998)
Academic Requirements for Candidates:
1. a bachelors degree in arts and sciences (pre-law
course)
2. a completed course in:
a. civil law
b. commercial law
c. remedial law
d. public international law
e. private international law
f. political law
g. labor and social legislation
h. medial jurisprudence
i. taxation
j. legal ethics
Non-lawyers who may be authorized to appear in
court:
1. Cases before the MTC: Party to the litigation, in
person OR through an agent or friend or appointed by
him for that purpose (Sec. 34, Rule 138, RRC)
2. Before any other court: Party to the litigation, in
person (Ibid.)
3. Criminal case before the MTC in a locality where a duly
licensed member of the Bar is not available: the judge
may appoint a non-lawyer who is:
a. resident of the province
b. of good repute for probity and ability to aid
the accused in his defense (Rule 116, Sec. 7,
RRC).
4. Legal Aid Program - A senior law student, who is
enrolled in a recognized law schools clinical education
program approved by the supreme Court may appear
before any court without compensation, to represent
indigent clients, accepted by the Legal Clinic of the law
school.
The student shall be under the direct

supervision and control of an IBP member duly

accredited by the law school.
5. Under the Labor code, non-lawyers may appear before
the NLRC or any Labor Arbiter, if
a. they represent themselves, or if
b. they
represent their organization or
members thereof (Art 222, PO 442, as
amended).
6. Under the Cadastral Act, a non-lawyer can represent a
claimant before the Cadastral Court (Act no. 2259,
Sec. 9).

Public Officials who cannot engage in the private

practice of Law in the Philippines:
1. Judges and other officials as employees of the
Supreme Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14
SCRA 109).
4. President, Vice-President, members of the cabinet,
their deputies and assistants (Art. VIII Sec. 15, 1987
Constitution).
5. Members of the Constitutional Commission (Art IXA, Sec. 2, 1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd
par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A. No.
7160, Sec. 90).
8. Those prohibited by special law
PUBLIC OFFICIALS WITH RESTRICTIONS IN THE PRACTICE OF LAW
1. No Senator as member of the House of
Representative may personally appear as counsel
before any court of justice as before the Electoral
Tribunals, as quasi-judicial and other administration
bodies (Art. VI, Sec. 14, 1987 Constitution).

2. Under the Local Government Code (RA 7160, Sec.

91) Sanggunian members may practice their
professions provided that if they are members of
the Bar, they shall not:
a. appear as counsel before any court in any civil
case wherein a local government unit or any
office, agency, or instrumentality of the
government is the adverse party;
b. appear as counsel in any criminal case wherein
an officer or employee of the national or local
government is accused of an offense committed
in relation to his office;
c. collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official;
d. use property and personnel of the government
except
when
the
Sanggunian
member
concerned is defending the interest of the
government.
3. Under RA 910, Sec. 1, as amended, a retired justice
or judge receiving pension from the government,
cannot act as counsel in any civil case in which the
Government, or any of its subdivision or agencies is
the adverse party or in a criminal case wherein an
officer or employee of the Government is accused
of an offense in relation to his office.

I impose upon myself this voluntary obligations without any

mental reservation or purpose of evasion. So help me God.
(Form 28, RRC)

Nature of Lawyer's Oath

CODE

OF

PROFESSIONAL RESPONSIBILITY
CHAPTER 1
LAWYER AND SOCIETY

ATTORNEYS OATH
I, __________________, do solemnly swear that I will
maintain allegiance to the Republic of the Philippines; I will
support its constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will not
willingly nor wittingly 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 court as to my clients; and

The lawyer's oath is not mere facile words, drift and

hollow, but a sacred trust that must be upheld and kept
inviolable. (Sebastian vs. Calis, 1999)
It is NOT a mere ceremony or formality for practicing law.
Every lawyer should at all times weigh his actions
according to the sworn promises he made when taking
the lawyer's oath. (In Re: Argosino, 1997, In Re: Arthur M.
Cuevas, 1998).

CANON 1 A lawyer shall uphold the constitution,

obey the laws of the land and promote respect for
law and for legal processes

Duties of Attorneys:
a. to maintain allegiance to the Republic of the
Philippines and to support the Constitution
and obey the laws of the Philippines;
b. to observe and maintain the respect due to
the courts of justice and judicial officers;
c. to counsel or maintain such actions or
proceedings only as appear to him as just,

d.

e.

f.

g.

h.
i.

and such defenses only as he believes to be

honestly debatable under the laws;
to employ, for the purpose of maintaining the
causes confided to him, such means only as
are consistent with truth and honor, and
never seek to mislead the judge or any
judicial officer by an artifice or false
statement of fact or law;
to maintain inviolate the confidence, and at
every peril to himself, to preserve the secrets
of his client, and to accept no compensation
in connection with his client's business
except from him or with his knowledge and
approval;
to abstain from all offensive personality and
to advance no fact prejudicial to the honor or
reputation of a party or witness, unless
required by the justice of the cause with
which he is charged;
not to encourage either the commencement
or the continuance of an action or
proceeding, or delay any man's cause for any
corrupt motive or interest;
never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
in the defense of a person accused of a
crime, by all fair and honorable means,
regardless of his personal opinion as to the
guilt of the accused, to present every
defense that the law permits, to the end that
no person may be deprived of life or liberty,
but by due process of law.

Rule 1.01 A lawyer shall not engage in

unlawful, dishonest, immoral or deceitful
conduct.

Conviction for crimes involving moral turpitude a

number of lawyers have been suspended or disbarred for
conviction of crimes involving moral turpitude such as:

a.
b.
c.
d.
e.
f.
g.

estafa
bribery
murder
seduction
abduction
smuggling
falsification of public documents

Morality as understood in law - This is a human standard

based on natural moral law which is embodied in mans
conscience and which guides him to do good and avoid
evil.

Moral Turpitude: any thing that is done contrary to

justice, honesty, modesty or good morals.

Immoral Conduct: that conduct which is willful, flagrant, or

shameless and which shows a moral indifference to the
opinion of the good and respectable members of the
community (Arciga vs. Maniwag, 106 SCRA 591).

Grossly Immoral Conduct: One that is so corrupt and false

as to constitute a criminal act or so unprincipled or
disgraceful as to be reprehensible to a high degree; it is a
WILLFUL, FLAGRANT or SHAMELESS ACT which shows a
MORAL INDIFFERENCE to the opinion of respectable
members of the community. (Narag vs. Narag, 1998)
Rule 1.02 A lawyer shall not counsel or
abet activities aimed at defiance of the law
or at lessening confidence in the legal
system.
Rule 1.03 A lawyer shall not, for any
corrupt motive or interest, encourage any
suit or proceeding or delay any mans
cause.
Rule 1.04 A lawyer shall encourage his
clients to avoid, end or settle the

controversy
settlement.

if

it

will

admit

of

fair

If a lawyer finds that his clients cause is defenseless, it is

his burden/duty to advise the latter to acquiesce and
submit, rather than traverse the incontrovertible.

It is unprofessional for a lawyer to volunteer advice to

bring a lawsuit, except in rare cases where the blood,
relationship or trust makes it his duty to do so.

Temper clients propensity to litigate.

Should not be an instigator of controversy but a mediator

for concord and conciliator for compromise.

The law violated need not be a penal law. Moral

Turpitude everything which is done contrary to justice,
honesty, modesty or good morals.

Give advice tending to impress upon the client and his

undertaking exact compliance with the strictest principles
of moral law.

Until a statute shall have been construed and interpreted

by competent adjudication, he is free and is entitled to
advise as to its validity and as to what he conscientiously
believes to be its just meaning and extent.

A lawyer has the obligation not to encourage suits. This is

so as to prevent barratry and ambulance chasing.
Barratry offense of frequently exciting and stirring up
quarrels and suits, either at law or otherwise; Lawyers act
of fomenting suits among individuals and offering his legal
services to one of them.

Ambulance Chasing Act of chasing victims of accidents

for the purpose of talking to the said victims (or relatives)
and offering his legal services for the filing of a case
against the person(s) who caused the accident(s).

CANON 2 A lawyer shall make his legal services

available in an efficient and convenient manner
compatible with the independence, integrity and
effectiveness of the profession.
Rule 2.01 A lawyer shall not reject,
except for valid reasons, the cause of the
defenseless or oppressed.
Rule 2.02 In such a case, even if a lawyer
does not accept a case, he shall not refuse
to render legal advise to the person
concerned if only to the extent necessary
to safeguard latters rights.
Rule 2.03 a lawyer shall not do or permit
to be done any act designed primarily to
solicit legal business.

Primary
characteristics which distinguish the legal
profession from business;
a. duty of service, of which the emolument is a by
product, and in which one may attain the highest
eminence without making such money;
b. a relation as an officer of court to the
administration of justice involving thorough
sincerity, integrity and reliability;
c. a relation to clients in the highest degree of
fiduciary;
d. a relation to colleagues at the bar characterized by
candor, fairness and unwillingness to resort to
current business methods of advertising and
encroachment on their practice or dealing with
their clients.

Rule on Advertisements
General Rule: No advertisements allowed. The most
worthy and effective advertisement possible is the
establishment
of
a
well-merited
reputation
for
professional capacity and fidelity to trust.
Lawyers may not advertise their services or
expertise nor should not resort to indirect
advertisements for professional employment,
such as furnishing or inspiring newspaper
comments, or procuring his photograph to be
published in connection with causes in which the
lawyer has been engaged or concerning the
manner of their conduct, the magnitude of the
interest involved, the importance of the lawyer's
position, and all other self-laudation.

5. Advertisements or announcement in any legal

publication, including books, journals, and legal
magazines.

Defenseless not in the position to defend themselves

due to poverty, weakness, ignorance or other similar
reasons.
Oppressed victims of acts of cruelty, unlawful exaction,
domination or excessive use of authority.

Exceptions/ Permissible advertisements:

1. Reputable law lists, in a manner consistent with the
standards of conduct imposed by the canons, of
brief biographical and informative data, are
allowed.
2. Ordinary simple professional Card. It may contain
only a statement of his name, the name of the law
firm which he is connected with, address, telephone
number and the special branch of law practiced.
3. A simple announcement of the opening of a law
firm or of changes in the partnership, associates,
firm name or office address, being for the
convenience of the profession, is not objectionable.
4. Advertisements or simple announcement of the
existence of a lawyer or his law firm posted
anywhere it is proper such as his place of business
or residence except courtrooms and government
buildings.

Rule 2.04 A lawyer shall not charge rates

lower
than
those
customarily
or
prescribed,
unless
circumstances
so
warrant.

A lawyer cannot delay the approval of a compromise

agreement entered into between parties, just because his
attorneys fees were not provided for in the agreement.
Rule: A lawyer cannot compromise the case without
clients consent (special authority). Exception: Lawyer
has exclusive management of the procedural aspect of
the litigation (e.g. Submission for decision on the
evidence so far presented. But in case where lawyer is
confronted with an emergency and prompt/urgent action
is necessary to protect clients interest and theres no
opportunity for consultation, the lawyer may compromise.
Rule:
Refrain from charging rates lower than the
customary rates.
Valid Justification: relatives, co-lawyers, too poor

CANON 3 A lawyer in making known is legal

services shall use only true, honest, fair dignified
and objective information or statement of facts.
Rule 3.01 A lawyer shall not use or
permit the use of any false, fraudulent,
misleading, deceptive, undignified, selfauditory or unfair statement or claim
regarding his qualifications or legal
services.

Violation of Rule 3.01 is unethical, whether done by him

personally or through another with his permission.

Rule 3.02 In the choice of a firm name, no

false, misleading, or assumed name shall
be used. The continued use of the name of
a deceased partner is permissible provided
that
the
firm
indicates
in
all
its
communication
that
said
partner
is
deceased.
Rule 3.03 Where a partner accepts public
office, he shall withdraw from the firm and
his name shall be dropped from the firm
name unless the law allows him to practice
law concurrently.
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.

It is unethical to use the name of a foreign firm.

Death of a partner does not extinguish attorney-client
relationship with the law firm.
Negligence of a member in the law firm is negligence of
the firm.

disseminating information regarding the law and

jurisprudence.
Objectives of integration of the Bar
To elevate the standards of the legal profession
To improve the administration of justice
To enable the Bar to discharge its responsibility
more effectively.
The three-fold obligation of a lawyer
First, he owes it to himself to continue improving
his knowledge of the laws;
Second, he owes it to his profession to take an
active interest in the maintenance of high
standards of legal education;
Third, he owes it to the lay public to make the law a
part of their social consciousness.

CANON 6 These canons shall apply to lawyers in

government service in the discharge of their
official tasks.

Public Officials include elective and appointive officials

and employees, permanent or temporary, whether in the
career or non-career service, including military and police
personnel, whether or not they receive compensation,
regardless of amount. (Sec. 3 (b), RA 6713).

The law requires the observance of the following norms of

conduct by every public official in the discharge and
execution of their official duties:
a. commitment to public interest
b. professionalism
c. justness and sincerity
d. political neutrality
e. responsiveness to the public
f. nationalism and patriotism
g. commitment to democracy
h. simple living (Sec. 4, RA 6713)

CANON 4 A lawyer shall participate in the

improvement of the legal system by initiating or
supporting efforts in law reform and in the
administration of justice.

Examples: Presenting position papers or resolutions for

the introduction of pertinent bills in congress; Petitions
with the Supreme Court for the amendment of the Rules
of Court.

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

Rule 6.01 The primary duty of a lawyer

engaged in public prosecution is not to
convict but to see that justice is done. The
suppression of facts or the concealment of
witnesses capable of establishing the
innocence of the accused is highly
reprehensible and is cause of disciplinary
action.

pending official business with him during the pendency

thereof or within one year after termination.
Section 7 (b) of RA 6713 prohibits officials from
doing any of the following acts:
1. own, control, manage or accept employment
as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any
private enterprise regulated, supervised or
licensed by their office unless expressly
allowed by law.
These prohibitions shall continue to apply for a
period of one (1) year after resignation,
retirement, or separation from public office,
except in the case of subparagraph (b) (2)
above, but the professional concerned cannot
practice his profession in connection with any
matter before the office he used to be with, in
which case the one year prohibition shall
likewise apply.

Rule 6.02 A lawyer in the government

service shall not use his public position to
promote or advance his private interest,
nor allow the latter to interfere with his
public duties.
Rule 6.03 A lawyer shall not, after
leaving
government
service,
accept
engagements or employment in connection
with any matter in which he had
intervened while in said service.

Various ways a government lawyer leaves government

service:
a. retirement
b. resignation
c. expiration of the term of office
d. dismissal
e. abandonment

Q: What are the pertinent statutory provisions regarding

this Rule?
A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA
6713

Sec 3. Corrupt practice of Public Officers. In

addition to acts or omission of public officers already
penalized by existing law, the following shall constitute
corrupt practice of any public officer and are hereby
declared to be unlawful:
(d) accepting or having any member of his family
accept employment in a private enterprise which has

Lawyers in the government service are prohibited to

engage in the private practice of their profession unless
authorized by the constitution or law, provided that such
practice will not conflict or tend to conflict with their
official functions.
Misconduct in office as a public official may be a ground
for disciplinary action (if of such character as to affect his
qualification as lawyer or to show moral delinquency).
Should recommend the acquittal of the accused whose
conviction is on appeal, IF he finds no legal basis to
sustain the conviction.
Includes restriction is representing conflicting interest
(e.g. Accepting engagements vs. former employer, PNB)
The OSG is not authorized to represent a public official at
any state of a criminal case.

THE LAWYER

CHAPTER II
AND 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.
Rule 7.01 A lawyer shall be answerable
for knowingly making false statements or
suppressing a material fact, in connection
with his application for admission to the
bar.
Rule 7.02 A lawyer shall not support
application for admission to the bar by any
person known to him or be unqualified in
respect to character, education, or other
relevant attribute.
Rule 7.03 A lawyer shall not engage in
conduct that adversely reflects on his
fitness to practice law, nor should he,
whether in public or private life, behave in
a scandalous manner to the discredit of
the legal profession.

Upright character; not mere absence of bad character.

A lawyer must at all times conduct himself properly as not
to put into question his fitness to practice law.
Avoid scandalous conduct; not only required to refrain
from adulterous relationships or the keeping of mistress
but must also behave himself as to avoid scandalizing the
public by creating the belief that he is flouting those
moral standards.

CANON 8 A lawyer shall conduct himself with

courtesy, fairness and candor towards his
professional colleagues, and shall avoid harassing
tactics against opposing counsel.
Rule 8.01 A lawyer shall not, in his
professional dealings, use language which
is
abusive,
offensive
or
otherwise
improper.

Rule 8.02 A lawyer shall not, directly or

indirectly, encroach upon the professional
employment of another lawyer; however, it
is the right of any lawyer without fear or
favor, to give proper advice and assistance
to those seeking relief against unfaithful
or neglectful counsel.

It is the duty of a lawyer to inform the SC or the IBP of

such malpractice to the end that the malpractitioner be
properly disciplined.
Not to use in pleadings and in practice the following:
disrespectful, abusive and abrasive language, offensive
personalities, unfounded accusations or intemperate
words tending to obstruct, embarrass or influence the
court in administering justice.
Want of intention: not an excuse for the disrespectful
language used. It merely extenuates liability.

CANON 9 A lawyer shall not directly or indirectly

assist in the unauthorized practice of law.
Rule 9.01 A lawyer shall not delegate to
any unqualified person the performance of
any task which by law may only be
performed by a member of the bar in good
standing.
Rule 9.02 A lawyer shall not divide or
stipulate to divide a fee for legal services
with persons not licensed to practice law,
except:
a. Where there is a pre-existing
agreement, with a partner or
associate that , upon the latters
death, money shall be paid over a
reasonable period of time to his
estate or to the persons specified
in the agreement; or

b. Where a lawyer undertakes to

complete
unfinished
legal
business of a deceased lawyer; or
c. Where a lawyer or law firm
includes non-lawyer employees in
a retirement plan, even if the plan
is based in whole or in part of a
profit sharing arrangements.

Lawyer shall not negotiate with the opposite party who is

represented by a counsel. Neither should lawyer attempt
to interview the opposite party and question him as to the
facts of the case even if the adverse party is willing to do
so.
Lawyer should deal only with counsel, even if theres a
fair agreement.
Lawyer may however interview any witness or prospective
witness for the opposing side. Limitation: avoid
influencing witness in recital and conduct.
A lawyer must not take as partner or associate one who:
1. is not a lawyer
2. is disbarred
3. has been suspended from the practice of law
4. foreign lawyer, unless licensed by the SC.
A lawyer cannot delegate his authority without clients
consent even to a qualified person.

CHAPTER III
THE LAWYER

AND THE

COURTS

CANON 10 A Lawyer owes candor, fairness and

good faith to the court.
Rule 10.01 A lawyer shall not do any
falsehood, nor consent to the doing of any
in court; nor shall he mislead or allow the
court to be mislead by any artifice.
Rule 10.02 A lawyer shall not knowingly
misquote or misrepresent the contents of

the paper, the language or the argument

of opposing counsel, or the text of a
decision of authority, or knowingly cite as
law
a
provision
already
rendered
inoperative by repeal or amendment, or
assert as a fact that which has not been
approved.
Rule 10.03 A lawyer shall observe the
rules of procedure and shall not misuse
them to defeat the ends of justice.

Judge-lawyer relationship: based on independence and

self-respect.
Lawyers duty to the court:
a. respect and loyalty
b. fairness, truth and candor
c. no attempt to influence courts
Cases of falsehood:
a. stating in the Deed of Sale that property is free from all
liens and encumbrances when not so
b. encashing check payable to a deceased cousin by
signing the latters name on the check
c. falsifying a power of attorney and using it in collecting
the money due to the principal
d. alleging in one pleading that the clients were mere
lessees and in another pleading that the same clients
were owners
e. presenting falsified documents in court which he
knows to be false
f. filing false charges on groundless suits
g. using in pleadings the IBP number of another lawyer
h. unsolicited appearances
i. use of fictitious residence certificate
j. misquotation/misrepresentation
k. citing a repealed or amended provision
l. asserting a fact not proved
m. verbatim reproductions down to the last word and
punctuation mark
n. slight typo mistake: not sufficient to place him in
contempt

CANON 11 A lawyer shall observe and maintain

the respect due to the courts and to judicial
officers and should insist on similar conduct by
others.
Rule 11.01 A lawyer shall appear in court
properly attired.

A lawyer may NOT wear outlandish or colorful

clothing to court.
As an officer of the court and in order to maintain the
dignity and respectability of the legal profession, a lawyer
who appears in court must be properly attired.
Consequently, the court can hold a lawyer IN CONTEMPT
of court if he does not appear in proper attire. Any
deviation from the commonly accepted norm of dressing
in court (barong or tie, not both) is enough to warrant a
citing for contempt.
Rule 11.02 A lawyer shall punctually
appear at court hearings.
Rule 11.03 A lawyer shall abstain from
scandalous,
offensive,
or
menacing
language or behavior before the courts.
Rule 11.04 A lawyer shall not attribute to
a judge motives not supported by the
record or having no materiality to the
case.
Rule 11.05 A lawyer shall submit
grievances against a judge to the proper
authorities already.

A lawyer is an officer of the court. He occupies a quasijudicial office with a tripartite obligation to the courts, to
the public and to his clients.
The public duties of the attorney take precedence over his
private duties. His first duty is to the courts. Where duties

to the courts conflict with his duties to his clients, the

latter must yield to the former.
Lawyers must be respectful not only in actions but also in
the use of language whether in oral arguments or in
pleadings.
Must exert efforts that others (including clients,
witnesses) shall deal with the courts and judicial officers
with respect.
Obedience to court orders and processes.
Criticisms of courts must not spill the walls of decency.
There is a wide difference between fair criticism and
abuse and slander of courts and judges. Intemperate and
unfair criticism is a gross violation of the duty to respect
the courts. It amounts to misconduct which subjects the
lawyer to disciplinary action.
A mere disclaimer of any intentional disrespect by
appellant is not a ground for exoneration. His intent must
be determined by a fair interpretation of the languages
employed by him. He cannot escape responsibility by
claiming that his words did not mean what any reader
must have understood them to mean.
Lawyer can demand that the misbehavior of a judge be
put on record.
Lawyers must be courageous enough to expose
arbitrariness and injustice of courts and judges.
A lawyer may submit grievances against judges in the
Supreme
Court,
Ombudsman,
or
Congress
(for
impeachment of SC judges only).

CANON 12 A lawyer shall exert every effort and

consider it his duty to assist in the speedy and
efficient 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.

Newly hired counsel: must acquaint himself with all the

antecedent proceedings and processes that have
transpired in the record prior to his takeover.
If presenting documentary exhibits, he must be ready with
the originals for the purpose of comparison with copies
thereof.
Rule 12.02 A lawyer shall not file multiple
actions arising from the same cause.

Forum shopping omission to disclose pendency of

appeal or prior dismissal of his case by a court of
concurrent jurisdiction.
Forum shopping exists when as a result of an adverse
opinion in one forum:
a. a party seeks favorable opinion (other than by appeal
or certiorari) in another; or
b. when he institutes two or more actions or proceedings
grounded on the same cause, on the gamble that one
or the other would make a favorable disposition
(Benguet Electric Corp. vs. Flores, 287 SCRA 449,
March 12, 1998).
The most important factor in determining the existence of
forum-shopping is the VEXATION caused the courts and
party-litigants by a party who asks different courts to rule
on the same related causes, asking the same relief.
Forum shopping constitutes DIRECT CONTEMPT of court
and may subject the offending lawyer to disciplinary
action.
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.

Asking for extension of time must be in good faith.

Rule 12.04 A lawyer shall not unduly

delay a case, impede the execution of a
judgment or misuse court processes.
Rule 12.05 A lawyer shall refrain from
talking to his witness during a break or
recess in the trial, while the witness is still
under examination.
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.
Rights and obligations of a witness - a witness
must answer questions, although his answer may tend
to establish a claim against him. However, it is the
right of a witness:
1. to be protected from irrelevant, improper, or
insulting questions and from harsh or
insulting demeanor;
2. not to be detained longer than the interest of
justice requires;
3. not to be examined except only as to matters
pertinent to the issue;
4. not to give any answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law, or
5. nor to give answer which will tend to
degrade his reputation, unless it be to the
very fact at issue or to a fact from which the
fact in issue would be presumed. But a
witness must answer to the fact of his
previous final conviction for an offense. (Rule
132, Sec. 3, RRC)
Rule 12.08 A lawyer shall avoid testifying
in behalf of his client, except:

a. on formal matters, such as the

mailing, authentication or custody
of an instrument and the like:
b. on substantial matters, in cases
where his testimony is essential
to the ends of justice, in which
event
he
must,
during
his
testimony, entrust the trial of the
case to another counsel.

CHAPTER IV
THE LAWYER

The judge has the corresponding duty not to convey or

permit others to convey the impression that they are in a
special position to influence the judge.
Discussing cases with the judge privately should be
avoided.
Test when public statement is contemptuous: The
character of the act done and its direct tendency to
prevent and obstruct the discharge of official duty.
To warrant a finding of prejudicial publicity, there must
be an allegation and proof that the judges have been

CLIENT

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.

Rule 13.01 A lawyer shall not extend

extraordinary attention or hospitality to,
nor seek opportunity for, cultivating
familiarity with judges.

Rule 13.03 A lawyer shall not brook or

invite interference by another branch or
agency of the government in the normal
course of judicial proceedings.

AND THE

CANON 14 A Lawyer shall not refuse his

services to the needy.

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 13.02 A lawyer shall not make public

statements in the media regarding a
pending case tending to arouse public
opinion for or against a party.

unduly influenced, not simply that they might be, by the

barrage of publicity.
Lawyer is equally guilty as the client if he induces the
latter to cause the publicity.

Rule 14.02 A lawyer shall not decline,

except for serious and sufficient cause, an
appointment as counsel de oficio or as
amicus curae or a request from the
Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
Rule 14.03 A lawyer may refuse to accept
representation of a client if:
a. He is not in position to carry out the work
effectively and competently.
b. He labors under 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
relations with paying clients.

Duties to Client:
a. owe utmost learning and ability
b. maintain inviolate the confidence of the client

c. disclose all circumstances/interest regarding

controversy
d. undivided loyalty
e. not reject cause of defenseless and oppressed
f. candor, fairness and loyalty
g. hold in trust money or property
h. respond with zeal to the cause of the client

the

Appointment of Amicus Curae

a. by application to the judge
b. the judge on his own initiative may invite the lawyer
c. no right to interfere with or control the condition of the
record, no control over the suit
Cannot refuse on the ground of insufficient of
compensation or lack of it

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 forthwith
inform the prospective client.
Rule 15.02 A lawyer shall be bound by
the rule on privilege communication in
respect of matters disclosed to him by a
prospective client.
Rule on Revealing Client's Identity
General Rule:
A lawyer may not invoke privilege
communication to refuse revealing a clients identity.
(Regala vs. Sandiganbayan, 262 SCRA 122, September
20, 1996)
Exceptions:

1. When by divulging such identity, it would implicate the

client to that same controversy for which the lawyer's
services were required.
2. It would open client to civil liability
3. The disclosure of such identity will provide for the only
link in order to convict the accused, otherwise, the
government has no case.

Requisites of Privileged Communication:

a. Atty.-client relationship (or a kind of consultancy
relationship with a prospective client
b. Communication made by client to lawyer in the course
of lawyers professional employment
c. Communication is intended to be confidential (see Rule
130, Sec. 21(b), Rules of Court)
When communication is not privileged:
a. after pleading has been filed
b. communication intended by the client to be sent to a
third person through his counsel (it loses its
confidential character as soon as it reaches the hands
of third person)
Even if the communication is unprivileged, the rule of
ethics prohibits him from voluntarily revealing or using to
his benefit or to that of a third person, to the
disadvantage of the client, the said communication unless
the client consents thereto.
This is applicable to students under the Student Practice
Law Program
Rule 15.03 A lawyer shall not represent
conflicting interests except by written
consent of all concerned given after a full
disclosure of the facts.

Rule on Conflicting Interest

It is generally the rule based on sound public
policy that an attorney cannot represent adverse
interest. It is highly improper to represent both sides of
an issue. The proscription against representation of
conflicting interest finds application where the
conflicting interest arises with respect to the same

general matter and is applicable however slight such

adverse interest may be. It applies although the
attorney's intention and motives were honest and he
acted in good faith. However, representation of
conflicting interest may be allowed where the parties
consent to the representation after full disclosure of
facts. (Nakpil vs. Valdez, 286 SCRA 758).

General Rule: An attorney cannot represent

adverse interest.
Exception: Where the parties consent to the
representation after full disclosure of facts.
The TEST in determining Conflicting Interest: The
test is whether or not the acceptance of a new
relation will prevent an attorney from the full
discharge of his duty of individual fidelity and
loyalty to his client or invite suspicion of
unfaithfulness in double-dealing in the performance
thereof. (Tiana vs. Ocampo)
Rule 15.04 A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator
or
arbitrator
in
settling
disputes.
Rule 15.05 A lawyer, when advising his
client, shall give a candid and honest
opinion on the merits and probable results
of the clients case, neither overstating
nor understating the prospects of the
case.
Rule 15.06 - A lawyer shall not state nor
imply that he is able to influence any
public official, tribunal or legislative body.
Rule 15.07 A lawyer shall impress upon
his client compliance with the laws and the
principles of fairness.

Rule 15.08 A lawyer who is engaged in

another
profession
or
occupation
concurrently with the practice of law shall
make clear to his client whether he is
acting as a lawyer or in another capacity.

Lawyers should refrain from giving any advice unless they

have obtained sufficient understanding of their clients
cause. A careful investigation and examination of the
facts must first be had before any legal opinion be given
by the lawyer to the client.
To avoid breach of legal ethics, a lawyer should keep any
business, in which is engaged in concurrently with the
practice of law, entirely separate and apart from the
latter.

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 from the client.
Rule 16.02 A lawyer shall keep the funds
of each client separate and apart from his
own and those of others kept by him.
Rule 16.03 A lawyer shall deliver the
funds and property of his client when due
or upon demand. However, he shall have a
lien over the funds and may apply so much
thereof as may be necessary to satisfy his
lawful fees and disbursements, giving
notice promptly thereafter to his client.
He shall also have a lien to the same
extent on all judgments and executions he
has secured for his client as provided for
the Rules of Court.

Attorneys Liens - an attorney shall have a lien

upon the funds, documents and papers of his client
which have lawfully come into his possession and may
retain the same until his lawful fees and disbursements
have been paid, and may apply such finds to the
satisfaction thereof. He shall also have a lien to the
same extent upon all judgements for the payment of
money, and executions issued in pursuance of such
judgements which he has secured in a litigation of his
client, from and after the time when he shall have
caused a statement of his claim of such lien to be
entered upon the records of the court rendering such
judgement, or issuing such execution, and shall have
caused written notice thereof to be delivered to his
client and to the adverse party; and he shall have the
same right and power over such judgments and
executions as his client would have to enforce his lien
and secure the payment of his fees and
disbursements. (Sec, 37, Rule 138, RRC)
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 a
client except, when in the interest of
justice, he has to advance necessary
expenses in the legal matter he is handling
for the client.

Attorneys lien is not an excuse for non-rendition of

accounting
Cannot disburse clients money to clients creditors
without authority.
Failure to deliver upon demand gives rise to the
presumption that he has misappropriated the funds for his
own use to the prejudice of the client and in violation of
the trust reposed in him.
Notify client if retaining lien shall be implemented

When a lawyer enforces a charging lien against his client,

the client-lawyer relationship is terminated.
The principle behind Rule 16.04 is to prevent the lawyer
from taking advantage of his influence over the client or
to avoid acquiring a financial interest in the outcome of
the case.

CANON 17 A lawyer owes fidelity to the cause of

his client and he shall be mindful of the trust and
confidence reposed in him.

No fear of judicial disfavor or public popularity should

restrain him from full discharge of his duty.
It is the duty of the lawyer at the time of retainer to
disclose to the client all the circumstances of his relations
to the parties and any interest in, or connection with, the
controversy which might influence the client in the
selection of counsel.
The lawyer owes loyalty to his client even after the
relation of attorney and client has terminated. It is not
good practice to permit him afterwards to defend in
another case other persons against his former client
under the pretext that the case is distinct from and
independent of the former case.

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 in connection therewith shall
render him liable.

promptly call upon the client to rectify the

same, and failing which he ha to terminate
the relationship with such client in
accordance with the Rules of Court.

Rule 18.04 A lawyer shall keep the client

informed of the status of his case and shall
respond within a reasonable time to the
clients request for information.

Rule 19.03 A lawyer shall not allow his

client to dictate the procedure in handling
the case.

Competence: sufficiency of lawyers qualification to deal

with the matter in question and includes knowledge and
skill and the ability to use them effectively in the interest
of the client.
A lawyer must keep himself constantly abreast with the
trend of authoritative pronouncements and developments
in all branches of law.
There must be extraordinary diligence in prosecution or
defense of his clients cause.
If a lawyer errs like any other human being, he is not
answerable for every error or mistake, and will be
protected as long as he acts honestly and in good faith to
the best of his skill and knowledge.
Lawyer is not an insurer of the result in a case where he is
engaged in the counsel.

CANON 19 A lawyer shall represent his client

with zeal within the bounds of the law.
Rule 19.01 A lawyer shall employ only
fair and honest means to attain the lawful
objectives of his client and shall not
present, participate in presenting or
threaten to present unfounded criminal
charges to obtain an improper advantage
in any case or proceeding.
Rule 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

General Rule: Negligence binds client

Exception: Reckless imprudence (deprives client of due
process)
Results in outright deprivation of ones
property through technicality
Must not present in evidence any document known to be
false; nor present a false witness.
Negative pregnant is improper since it is an ambiguous
pleading (improper if in bad faith and the purpose is to
confuse the other party)
In defense: present every defense the law permits.
Lawyer should do his best efforts to restrain and to
prevent his clients from perpetrating acts which he
himself ought not to do. Or else, withdraw. But lawyer
shall not volunteer the information about the clients
commission of fraud to anyone counter to duty to
maintain clients confidence and secrets.

CANON 20 A lawyer shall charge only fair

and reasonable fees.
Rule 20.01 A lawyer shall be guided by
the following factors in determining his
fees:
a. The time spent and the extent of the
services rendered or required.
b. The novelty and difficulty of the
questions involved;
c. The importance of the subject matter;
d. The skill demanded;

e. The
probability
of
losing
other
employment as a result of acceptance
of the proffered case;
f. The customary charges for similar
services and the schedule of fees of the
IBP chapter to which he belongs;
g. The amount involved in the controversy
and the benefits resulting to the client
from the services;
h. The
contingency
or
certainty
of
compensation;
i. The character of the employment,
whether occasional or established; and
j. The professional standing of the lawyer.

Kinds of Payment which may be stipulated upon:

a. a fixed or absolute fee which is payable regardless
of the result of the case
b. a contingent fee that is conditioned to the securing
of a favorable judgment and recovery of money or
property and the amount of which may be on a
percentage basis
c. a fixed fee payable per appearance
d. a fixed fee computed by the number of hours spent
e. a fixed fee based on a piece of work
Attorney's Fees
a. Ordinary
attorney's
fee
the
reasonable
compensation paid to a lawyer by his client for the
legal services he has rendered to the latter. The
basis for this compensation is the fact of his
employment by and his agreement with the client.
b. Extraordinary attorney's fee - an indemnity for
damages ordered by the court to be paid by the
losing party in litigation. The basis for this is any of
the cases provided for by law where such award
can be made, such as those authorized in Article
2208 of the Civil Code, and is payable NOT to the
lawyer but to the client, unless they have agreed
that the award shall pertain to the lawyer as
additional compensation or as part thereof.

How attorney's fees may be claimed by the lawyer:

1. It may be asserted either in the very action in which the
services of a lawyer had been rendered or in a separate
action.
2. A petition for attorney's fees may be filed before the
judgment in favor of the client is satisfied or the proceeds
thereof delivered to the client.
3. The determination as to the propriety of the fees or as to
the amount thereof will have to be held in abeyance until
the main case from which the lawyer's claim for attorney's
fees may arise has become final. Otherwise, the
determination of the courts will be premature.

Kinds of Retainer Agreements on Attorneys fees:

a. General Retainer or Retaining Fee it is the fee
paid to a lawyer to secure his future services as
general counsel for any ordinary legal problem that
may arise in the ordinary business of the client and
referred to him for legal action;
b. Special Retainer - that is a fee for a specific case or
service rendered by the lawyer for a client

Quantum Meruit - it means "as much as he deserves",

and is used as the basis for determining the lawyer's
professional fees in the absence of a contract, but
recoverable by him from his client.

Quantum Meruit is resorted to where:

a. there is no express contract for payment of
attorneys fees agreed upon between the lawyer
and the client;
b. when although there is a formal contract for
attorneys fees, the stipulated fees are found
unconscionable or unreasonable by the court.
c. When the contract for attorneys fees is void due to
purely formal matters or defects of execution
d. When the counsel, for justifiable cause, was not
able to finish the case to its conclusion
e. When lawyer and client disregard the contract for
attorneys fees.

Skill: length of practice is not a safe criterion of

professional ability.
Rule 20.02 A lawyer shall, in cases of
referral, with the consent of the client, be
entitled to a division of fees in proportion
to the work performed and responsibility
assumed.
Rule 20.03 A lawyer shall not, without
the full knowledge and consent of the
client, accept any fee, reward, costs,
commission, interest, rebate or forwarding
allowance
or
other
compensation
whatsoever related to his professional
employment from anyone other than the
client.
Rule 20.04
controversies
compensation
action only to
or fraud.

A lawyer shall avoid

with clients concerning his
and shall resort to judicial
prevent imposition, injustice

Unauthorized counsel: Not entitled to attorneys fees.

Stipulation regarding payments of attorneys fees is not
illegal/immoral and is enforceable as the law between the
parties provided such stipulation does not contravene law,
good morals, etc.
When counsel cannot recover full amount despite written
contract for attorneys fees:
a. When he withdraws before the case is finished
b. justified dismissal of attorney (payment: in
quantum meruit only)
The reason for the award of attorneys fees must be
stated in the text of the decision; otherwise, if it is stated
only in the dispositive portion of the decision, the same
must be disallowed on appeal.
Even though the interest or property involved is of
considerable value, if the legal services rendered do not

call for much efforts there is no justification for the award

of high fees.
Champertous Contracts (void) Lawyer stipulates with his
client that in the prosecution of the case, he will bear all
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/property recovered as
compensation.
Compensation to an attorney for merely recommending
another lawyer is improper (agents)
Attorneys fees for legal services shared or divided to nonlawyer is prohibited. Division of fees is only for division of
service or responsibility.
A lawyer should try to settle amicably any differences on
the subject. A lawyer has 2 options. Judicial action to
recover attorneys fees:
a. In same case: Enforce attorneys fees by filing an
appropriate motion or petition as an incident to the
main action where he rendered legal services.
b. In a separate civil action.

CANON 21 A lawyer shall preserve the

confidences and secrets of his client even after
the attorney-client relation is terminated.

Confidence refers to information protected by the

attorney-client privilege (RRC)
Secret refers to other information gained in the
professional relationship that the client has regulated to
be held inviolate or the disclosure of which would be
embarrassing or would likely be detrimental to the client.
An attorney cannot, without the consent of his client, be
examined as to any communication made by the client to
him, or his advice given thereon in the course of
professional employment; nor can an attorneys secretary,
stenographer, or clerk be examined, without the consent
of the client and his employees, concerning any fact the
knowledge of which has been acquired in such capacity
(Rule 130, Sec. 21 (b), RRC)
The mere establishment of a client-lawyer relationship
does not raise a presumption of confidentiality. There

must be an intent or that the communication relayed by

the client to the lawyer be treated as confidential.
Rule 21.01 A lawyer shall not reveal the
confidences or secrets of his client
except:
a. When authorized by the client after
acquainting him of the consequences
of the disclosure:
b. When required by law;
c. When necessary to collect his fees or
to defend himself, his employees or
associates or by judicial action.

When properly authorized after having been fully

informed
of
the
consequences
to
reveal
his
confidences/secrets, then there is a valid waiver.
Art. 209. Betrayal of Trust by an Attorney or Solicitor.
Revelation of secrets. In addition to the proper
administrative action, the penalty of prision correccional
in its minimum period, or a fine ranging from P200 to
P1000, or both, shall be imposed upon any attorney at law
or solicitor who, by any malicious break of professional
duty as inexcusable negligence or ignorance, shall
prejudice his client, or reveal any of the secrets of the
latter learned by him in his professional capacity.
The same penalty shall be imposed upon an
attorney at law or solicitor who, having undertaken the
defense of a client, or having received confidential
information from said client in a case, shall undertake the
defense of the opposing party in the same case, without
the consent of his first client (Rule 209, RPC)
General Rule: Obligation to keep secrets covers only
lawful purposes
Exceptions:
a. announcements of intention of a client to commit a
crime
b. client jumped bail and lawyer knows his
whereabouts; or client is living somewhere under
an assumed name

c. communication involves the commission of future

fraud or crime but crimes/frauds already
committed falls within the privilege.
Rule 21.02 A lawyer shall not, to the
disadvantage
of
his
client,
use
information acquired in the course of
employment, nor shall he use the same to
his own advantage or that of a third
person, unless the client with full
knowledge of the circumstances consents
thereto.
Rule 21.03 A lawyer shall not, without
the written consent of his client, give
information from his files to an outside
agency seeking such information for
auditing,
statistical,
bookkeeping,
accounting, data processing, or any other
similar purposes.
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 possible conflict of
interest.

Avoid committing calculated indiscretion accidental

revelation of secrets obtained in his professional
employment.
Prohibition applies, even if the prospective client did not
thereafter actually engage the lawyer.

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:
a. When the client pursues an illegal or
immoral
course
of
conduct
in
connection with the matter he is
handling;
b. When the client insists that the lawyer
pursue conduct violative of these
canons and rules;
c. When his inability to work with cocounsel will not promote the best
interest of the client;
d. When the mental or physical condition
of the lawyer renders it difficult for him
to
carry
out
the
employment
effectively;
e. When the client deliberately fails to
pay the fees for the services or fails to
comply with the retainer agreement;
f. When the lawyer is elected or
appointed to a public office, and
g. Other similar cases
Rule 22.02 A lawyer who withdraws or is
discharged shall subject to a retaining
lien, immediately turn over all papers and
property to which the client is entitled,
and shall cooperate with his successor in
the orderly transfer of the matter,

including all information necessary for the

proper handling of the matter.

1. NATURE

2. BASIS

3. COVERAGE

4. WHEN LIEN
TAKES EFFECT

5. NOTICE
6.
APPLICABILITY

RETAINING LIEN
Passive
Lien:
It
cannot be actively
enforced.
It is a
general lien
Lawful possession of
papers, documents,
property belonging
to client.

CHARGING LIEN
Active Lien: It can be
enforced by execution.
It is a special lien.

RETAINING LIEN
Covers only papers,
documents
and
property
in
the
lawful possession of
the
attorney
by
reason
of
his
professional
employment
As soon as the
attorney
gets
possession of the
papers documents
or property
Client need not be
notified to make it
effective
May be exercised
before judgment or
execution
or
regardless thereof.

CHARGING LIEN
Covers all judgments
for the payment of
money and executions
issued in pursuance of
such judgments.

Securing of a favorable
money judgment for
the client.

As soon as the claim

for attorneys fees had
been entered into the
records of the case
Client and adverse
party must be notified
to make it effective
Generally,
it
is
exercisable only when
the
attorney
had
already
secured
a
favorable judgment for
his client

In withdrawal as counsel for a client, an attorney may only

retire from a case either by written consent of his client or
by permission of the court after due notice and hearing, in
which event the attorney should see to it that the name of
the new attorney is recorded in the case.

An attorney who could not get the written consent of his

client must make an application to the court, for the
relation does not terminate formally until there is a
withdrawal of record. Counsel has no right to presume
that the court would grand his withdrawal and therefore
must still appear on the date of hearing.
Requirements for the Substitution of Counsel in a Case:
a. written application
b. written consent of client
c. written consent of attorney to be substituted
d. if the consent of the attorney to be substituted
cannot be obtained, there must be at least a proof
of notice that the motion for substitution has been
served upon him, in the manner prescribed by the
rules.
A lawyer cannot recover compensation from one who did
not employ or authorize his employment, however
valuable the results of his services may have been to such
person. In similar cases, no compensation when:
a. client conducts himself in a manner which tends to
degrade his attorney;
b. client refuses to extend cooperation;
c. client stops having contact with him.
The right of a client to terminate a lawyer is absolute.
Such termination may be with or without cause.

LIABILITIES

OF

Criminal Liability

Contempt of Court
a. Kinds of Contempt:
1. Direct - consists of misbehavior in the
presence of or so near a court or judge as to
interrupt or obstruct the proceedings before
the court or the administration of justice;
punished summarily.
2. Indirect - one committed away from the court
involving disobedience of or resistance to a
lawful writ, process, order, judgment or
command of the court, or tending to belittle,
degrade, obstruct, interrupt or embarrass the
court.
3. Civil- failure to do something ordered by the
court which is for the benefit of a party.
4. Criminal - any conduct directed against the
authority or dignity of the court.
b. Acts Constituting Contempt:
1. Misbehavior
2. Disobedience
3. Publication concerning pending litigation
4. Publication tending to degrade the court;
disrespectful language in pleadings
5. Misleading the court or obstructing justice
6. Unauthorized practice of law
7. Belligerent attitude
8. Unlawful retention of client's funds

LAWYERS

Civil Liability
a. Client is prejudiced by lawyer's negligence or
misconduct
b. Breach of fiduciary obligation
c. Civil liability to third persons
d. Libelous
words
in
pleadings;
violation
of
communication privilege
e. Liability for costs of suit (treble costs) - when
lawyer is made liable for insisting on client's
patently unmeritorious case or interposing appeal
merely to delay litigation

a. Prejudicing client through malicious breach of

professional duty
b. Revealing client's secrets
c. Representing adverse interests
d. Introducing false evidence
e. Misappropriating client's funds (estafa)

ADMINISTRATIVE LIABILITIES

OF LAWYERS

Main Objectives of Disbarment and Suspension:

1. to compel the attorney to deal fairly and honestly

with his clients;
2. to remove from the profession a person whose
misconduct has proved him unfit to be entrusted
with the duties and responsibilities belonging to the
office of an attorney;
3. to punish the lawyer;
4. to set an example or a warning for the other
members of the bar;
5. to safeguard the administration of justice from
incompetent and dishonest lawyers;
6. to protect the public

Characteristics of Disbarment Proceedings:

1. Neither a civil nor criminal proceedings;
2. Double jeopardy cannot be availed of in a
disbarment proceeding;
3. It can be initiated motu propio by the SC or IBP. It
can be initiated without a complaint;
4. It is imprescriptible;
5. Conducted confidentially;
6. It can proceed regardless of the interest of the lack
thereof on the part of the complainant;
7. It constitutes due process.

Grounds for Disbarment or Suspension:

1. deceit;
2. malpractice or other gross misconduct in office;
3. grossly immoral conduct;
4. conviction of a crime involving moral turpitude;
5. violation of oath of office;
6. willful disobedience of any lawful order of a
superior court;
7. corrupt or willful appearance as attorney for a party
to case without authority to do so (Sec. 27, Rule
138, RRC)

Procedure for Disbarment

a. Institution either by:
1. the Supreme Court, motu proprio, or
2. the IBP, motu proprio, or

3. upon verified complaint by any person

b. Six copies of the verified complaint shall be filed
with the Secretary of the IBP or Secretary of any of
its chapter and shall be forwarded to the IBP Board
of Governors.
c. Investigation
by
the
National
Grievance
Investigators.
d. Submission of investigative report to the IBP Board
of Governors.
e. Board of Governors decides within 30 days.
f. Investigation by the Solicitor-General
g. SC
renders
final
decision
for
disbarment/suspension/dismissal.
Quantum of Proof Required: CLEAR, CONVINCING &
SATISFACTORY evidence.
Burden of Proof: Rests on the COMPLAINANT, the one who
instituted the suit

Officers authorized to investigate Disbarment cases:

1. Supreme Court
2. IBP through its Commission on Bar Discipline or
authorized investigator
3. Office of the Solicitor General

Mitigating Circumstances in Disbarment:

1. Good faith in the acquisition of a property of the
client subject of litigation (In re: Ruste, 70 Phil.
243)
2. Inexperience of the lawyer (Munoz v. People, 53
SCRA 190)
3. Age (Lantos v. Gan, 196 SCRA 16)
4. Apology (Munoz v. People, 53 SCRA 190)
5. Lack of Intention to slight or offend the Court
(Rhum of the Philippines, Inc. v. Ferrer, 20 SCRA
441).

SPECIAL DISABILITIES

OF

LAWYERS

The following persons are prohibited from

acquiring property under litigation by reason of the

relation of trust or their peculiar control either

directly or indirectly and even at a public or judicial
auction:
1. guardians;
2. agents
3. administrators
4. public officers and employees
5. judicial officers and employees
6. prosecuting attorneys and lawyers (Art 1491,
NCC)
7. those specially disqualified by law (Rubias vs.
Batilles, 31 SCRA 120)

Elements of Article 1491 (Civil Code; Laig vs. CA, 82 SCRA

294)
a. there must be an attorney-client relationship
b. the property or interest of the client must be in
litigation
c. the attorney takes part as counsel in the case
d. the attorney by himself or through another
purchases such property or interest during the
pendency of the litigation.
General Rule: A lawyer may not purchase, even at a
public or judicial auction, in person or through the
mediation of another, any property or interest involved in
any litigation in which he may take part by virtue of his
profession. This prohibition is entirely independent of
fraud and such need not be alleged or proven.
Effects:
a. malpractice on the part of the lawyer and may be
disciplined for misconduct
b. transaction is null and void
Exceptions:
a. property is acquired by lawyer through a contingent
fee arrangement
b. any of the 4 elements of Art. 1491 is missing

2. Constitution (Art VIII, Art IX and Art III)

3. New Civil Code (Articles 9, 20, 27, 32, 35, 739,

1491, 2005, 2035, 2046)
4. Revised Rules of Court (Rules 71, 135, 137, 139B,
140)
5. Revised Penal Code (Articles 204, 205, 206, 207)
6. Anti-Graft and Corrupt Practices Act (RA 3019)
7. Canons of Judicial Ethics (Adm. Order No. 162)
8. Code of Professional Responsibility
9. Judiciary Act of 1948 (RA 296)
10.Judiciary Reorganization Act of 1930 (BP129)
11.Supreme Court Decisions
12.Foreign Decisions
13.Opinions of authorities
14.Other Statutes
15.SC Circulars

Court a board or other tribunal which decides a litigation

or contest (Hidalgo v. Manglapus, 64 OG 3189)
Judge a public officer who, by virtue of his office, is
clothed with judicial authority, a public officer lawfully
appointed to decide litigated questions in accordance with
law.
De Jure Judge one who is exercising the office of judge
as a matter of right; and officer of a court who has been
duly and legally appointed, qualified and whose term has
not expired.
De Facto Judge an officer who is not fully vested with all
the powers and duties conceded to judges, but is
exercising the office of a judge under some color of right.
Qualification of Supreme Court Members:
1. Natural born citizen of the Philippines;
2. At least 40 years of age;
3. Must have been at least for 15 years, a judge of a
lower court or engaged in the practice of law (Sec
7(2), Art. VIII, 1987 Constitution).

JUDICIAL ETHICS

Sources of Judicial Ethics:

1. Code of Judicial Conduct

CODE

OF JUDICIAL

CONDUCT

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

Rule 2.02 A judge should not seek

publicity for personal vainglory.
Rule 2.03 A judge 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.

CANON 1- A judge should uphold the integrity and

independence of the judiciary
Rule 1.01 A judge should be the
embodiment of competence, integrity, and
independence.
Rule 1.02 A judge should administer
justice impartially and without delay.
Rule 1.03 A judge should be vigilant
against any attempt to subvert the
independence of the judiciary and resist
any pressure from whatever source.

Judges should avoid even the slightest infraction of the

law.
Must be models of uprightness, fairness and honesty
Should not relax in his study of the law and court
decisions.
Should not be swayed by public clamor or considerations
of personal popularity
Must decide motions without delay.
Should also appear impartial.

Rule 2.04 A judge shall refrain from

influencing in any manner the outcome of
litigation or dispute pending before
another court of administrative agency.

CANON 2 A judge should avoid impropriety and

the appearance of impropriety in all activities
Rule 2.01 A judge should so behave at
all times as to promote public confidence
in the integrity and impartiality of the
judiciary.

A judge must be beyond suspicion. He has the duty not

only to render a just and impartial decision but also to
render it in such a manner as to be free from any
suspicion as to its fairness and impartiality, and also as to
his integrity.
Every litigant is entitled to nothing short of the cold
neutrality of an independent, wholly free, disinterested
and impartial tribunal.
A judge must be temperate in his language and must not
lose his cool.
A judge is prohibited from making public statements in
the media regarding a pending case so as not to arouse
public opinion for or against a party (violates the Principle
of Subjudice)
Judges must not use or permit the use of any
undignified/self-laudatory statement regarding their
qualifications or legal services.
A judge must not allow anyone to ride on his prestige. He
should not create the impression that someone or some
people are so close to him to enjoy his favor.

CANON 3 - A judge should perform official duties

honestly, and with impartiality and diligence

ADJUDICATIVE RESPONSIBILITIES
Rule 3.01 A judge shall be faithful to the
law
and
maintain
professional
competence.

Rule 3.05 A judge shall dispose of the

courts business promptly and decide
cases within the required periods.

Judge should be conversant with the law and its

amendments.

Rule 3.06 While a judge may, to promote

justice, prevent waste of time or clear up
some obscurity, properly intervene in the
presentation of evidence during the trial,
it should always be borne in mind that
undue interference may prevent the
proper presentation of the cause of the
ascertainment of the truth.

Rule 3.02 In every case, a judge shall

endeavor diligently to ascertain the facts
and the applicable law unswayed by
partisan interest, public opinion or fear of
criticism.

Finding of facts must be based not on the personal

knowledge of the judge but upon the evidence presented.
If the personal view of the judge contradicts the
applicable doctrine promulgated by the Supreme Court,
nonetheless, he should decide the case in accordance
with that doctrine and not in accordance with his personal
views. He is however not prohibited from stating his own
opinion on the matter if he wants to invite constructive
attention thereto.
Rule 3.03 A judge shall maintain order
and proper decorum in the courts.
Rule 3.04 A judge should be patient,
attentive, and courteous to lawyers,
especially the inexperienced, to litigants,
witnesses, and others appearing before
the court.
A judge should avoid
unconsciously falling into the attitude of
mind that the litigants are made for the
courts, instead of the courts for the
litigants.

Conduct of trial must not be attended with fanfare and

publicity; not permit pictures or broadcasting.
Must use temperate language; should not make insulting
remarks.

Rule 3.07 A judge should abstain from

making public comments on any pending
or impending case and should require
similar restraint on the part of court
personnel.

Judge should take notes and rely on transcripts.

Judge is not excused if stenographer is overloaded. He is
excused for delay on grounds of multifarious motions;
appellate court enjoins judge from further proceeding;
heavy caseload.
ADMINISTRATIVE RESPONSIBILITIES
Rule 3.08 A judge should diligently
discharge administrative responsibilities,
maintain professional competence in
court managements, and facilitate the
performance
of
the
administrative
functions of other judges and court
personnel.

Rule 3.09 A judge should organize and

supervise the court personnel to ensure
the prompt and efficient dispatch of
business, and require at all times the
observance of high standards of public
service and fidelity.
Rule 3.10 A judge should take or inititate
appropriate disciplinary measures against
lawyers
or
court
personnel
for
unprofessional conduct of which the judge
may have become aware.
Rule 3.11 A judge should appoint
commissioners,
receivers,
trustees,
guardians, administrators and others
strictly on the basis of merit and
qualifications, avoiding nepotism, and
favoritism. Unless otherwise allowed by
law, the same criteria should be observed
in recommending appointment of court
personnel.
Where the payment of
compensation is allowed, it should be
reasonable and commensurate with the
fair value of services rendered.

Ascertain that the records of all cases are properly kept

and managed.
Maintain a checklist on the cases submitted for decision
with a view to know exactly the specific deadlines for the
resolution/decision of the said cases.
Loss of records: gross negligence
Should be a good manager.
May not summarily suspend a lawyer for indirect
contempt.
Judge has the power to appoint, but the power to dismiss
court employees is vested in the Supreme Court.
If knowingly nominate or appoint to any public office any
person lacking the legal qualification therefor, shall be
guilty of unlawful appointment punishable with
imprisonment and fine (Art 244, RPC).

DISQUALIFICATIONS
Rule 3.12 A judge should take no part in
proceeding where the judges impartiality
might reasonably be questioned. These
cases include, among others, proceedings
where;
a. the
judge
has
personal
knowledge
of
disputed
evidentiary facts concerning the
proceeding;
b. the judge served as executor,
administrator, guardian, trustee
or lawyer in the case or matters
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;
c. the judges ruling in a lower court
is subject of review
d. the
judge
is
related
by
consanguinity or affinity to a
party litigant within the 6th
degree or to counsel within the
4th degree;
e. the judge knows that the judges
spouse or child has a financial
interest,
as
heir,
legatee,
creditor, fiduciary, or otherwise,
in
the
subject
matter
in
controversy or in a party to the
proceeding, or any other interest
that
could
be
substantially
affected by the outcome of the
proceeding.
In every instance the judge shall
indicate
the
legal
reason
for
inhibition.

legal
system
or
the
administration of justice and
otherwise consult with them on
matters
concerning
the
administration of justice;
c. serve
on
any
organization
devoted to the improvement of
the law, the legal system or the
administration of justice.

Petition to disqualify judge must be filed before rendition

of judgment by the judge; cant be raised first time on
appeal.
If a judge denies petition for disqualification, the ultimate
test: is whether or not the complaint was deprived of a
fair and impartial trial. Remedy: seek new trial.
REMITTAL OF DISQUALIFICATION
Rule 3.13 A judge disqualified by the
terms of Rule 3.12 may, instead of
withdrawing
from
the
proceeding,
disclose on the record the basis of
disqualification.
If, based on such
disclosure, the parties and lawyers
independently
of
the
judges
participation, all agree in writing that the
reason for the inhibition is immaterial or
insubstantial,
the
judge
may
then
participate in the proceeding.
The
agreement, signed by all parties and
lawyers, shall be incorporated in the
record of the proceeding.

CANON 4 A judge may, with due regard to

official duties, engage in activities to improve the
law, the legal system and the administration of
justice.
Rule 4.01 A judge may, to the extent
that the following activities do not impair
the performance of judicial duties or case
doubt on the judges impartiality:
a. speak, write, lecture, teach or
participate
in
activities
concerning the law, the legal
system and the administration of
justice;
b. appear at a public hearing before
a legislative or executive body on
matters concerning the law, the

Decision to engage in these activities depends upon the

sound judgement of the judge.
If has not enough time to spare (such as when caseload is
too heavy) prudence dictates, he must concentrate on his
judicial duties.
If a judge has time to spare, the best attitude to take is to
participate in activities which are closely related to the
performance of his duties and which do not consume
much of his time and energy.

CANON 5 A judge should regulate extra-judicial

activities to minimize the risk of conflict with
judicial activities.
VOCATIONAL, CIVIC AND CHARITABLE
ACTIVITIES
Rule 5.01 A judge may engage in the
following activities provided that they do
not interfere with the performance of
judicial duties or detract from the dignity
of the courts:
a. write, lecture, teach and speak
on non-legal subjects;
b. engage in the arts, sports, and
other
special
recreational
activities;
c. participate in civic and charitable
activities;

d. serve as an officer, director,

trustee, or non-legal advisor of a
non-profit
or
non-political,
educational, religious, charitable,
fraternal, or civic organization.

If they opt to engage in such activities, they must learn

how to manage their time in such manner that their
judicial responsibilities do not falter and suffer.

FINANCIAL ACTIVITIES
Rule 5.02 A judge shall refrain from
financial and business dealings that tends
to reflect adversely on the courts
impartiality, interfere with the proper
performance of judicial activities, or
increase involvements with lawyers or
persons likely to come before the court. A
judge should so manage investments and
other financial interests as to minimize
the number of cases giving grounds for
disqualification.

any other purpose not related to judicial

activities.

Art 215. Prohibited Transaction. The penalty of prision

correccional in its minimum period or a fine ranging from
P200 to P1000 or both, shall be imposed upon any appointive
public officer who, during his incumbency, shall directly or
indirectly become interested in any transaction of exchange
or speculation within the territory subject to his jurisdiction.
Art 216. Possession of prohibited interest by a public
officer. The penalty of arresto mayor in its medium period to
prision correccional in its minimum period, or a fine ranging
from P200 to P1000, or both, shall be imposed upon a public
officer who directly and indirectly, shall become interested in
any contract or business which it is his official duty to
intervene.

Sec 3. Corrupt practices of public officers. In addition to

acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt
practices of any public officer and are hereby declared to
be unlawful:
XXX
(h) Directly or indirectly having financial or pecuniary
interest in any business, or contract or transaction in
connection with which here intervenes or takes part in
his official capacity or in which he is prohibited by the
Constitution or by any law from having any interest,
(Sec. 3(h), RA 3019)

General Rule: Avoid taking or receiving loans from

litigants.
Exception (AGCPA): Unsolicited gifts or presents of small
value offered or given as a mere ordinary token of
gratitude or friendship according to local custom or usage.

Rule 5.03 Subject to the provisions of

the proceeding rule, a judge may hold and
manage investments but should not serve
as an officer, director, manager, advisor, or
employee of any business except as
director of a family business of the judge.
Rule 5.04 A judge or any, immediate
member of the family, shall not accept a
gift, bequest, favor or loan from anyone
except as may be allowed by law.
Rule 5.05 No information acquired in a
judicial capacity shall be used or disclosed
by a judge in any financial dealing or for

Prohibitions under the Revised Penal Code:

FIDUCIARY ACTIVITIES

Rule 5.06 A judge should not serve as

the execution administrator, trustee,
guardian, or other fiduciary, except for
the estate, trust, or person of a member
of the immediate family and then only if
such service will not interfere with the
proper performance of judicial duties.
member of immediate family shall be
limited to the spouse and relatives within
the second degree of consanguinity. As a
family fiduciary, a judge shall not:
a. serve in proceedings that might
come before the court of said
judge; or
b. act as such contrary to Rule 5.02
to 5.05

PRACTICE
OF
PROFESSION

LAW

AND

FINANCIAL DISCLOSURE
Rule 5.08 A judge shall make full
financial disclosure as required by law.

EXTRA-JUDICIAL APPOINTMENTS

Rule 5.09 A judge shall not accept

appointment or designation to any agency
performing
quasi-judicial
or
administrative functions.

POLITICAL ACTIVITIES
Rule 5.10 A judge is entitled to entertain
personal views on political questions. But
to
avoid
suspicion
of
political
partisanship, a judge shall not make
political speeches, contribute to party
funds, publicly endorse candidates for
political office or participate in other
partisan political activities.

OTHER

Rule 5.07 A judge shall not engage in

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

Includes preparation of pleadings or papers in anticipation

of litigation, and giving of legal advice to clients or
persons needing the same.
Not engage in notarial work. Exception: Notaries public
ex-oficio - may engage only in notarization of documents
connected with the exercise of their official functions.
Provided, all notarial fees on account of the government
and certification attesting to lack of any lawyer or Notary
Public.
Sworn statement of assets and liabilities including
statement of amounts and services of income, the amount
of personal and family expenses and the amount of
income tax is paid for the next preceding calendar year.

COMPLIANCE WITH THE CODE OF

JUDICIAL CONDUCT
All judges shall strictly comply with this
code

DATE OF EFFECTIVITY

This code, promulgated on 5 September

1989, shall take effect on 20 October
1989.

An administrative case against a judge is not necessarily

dismissed by the withdrawal by or desistance of the
complainant.
Retirement, resignation or promotion of a judge does not
necessarily render moot and academic all the cases
against him.
Civil Liabilities Re Official Functions:
a. obstructs, defeats, violates or in any manner
impedes or impairs the civil rights.

b. Willful or negligent rendition of a decision which

causes damages to another
c. For damages: rendering/neglecting to decide a case
causing loss to a party.
Civil Code Disabilities:
Rule: Cant purchase properties subject of litigation is
his court.
Exception: Does not apply where the subject property
was not acquired from any of the parties to the case,
nor will it apply when the litigation is already finished.
But while in a technical sense, the judge may not
have acquired the property in litigation in a case
before him, nevertheless, it is improper for him to have
done so under the canons of judicial ethics.
Donations made to a judge by reason of his office are
void.
Taking advantage of his position to boost his candidacy
amounts to gross misconduct.
Cannot serve as officers or advisers of political groups.

CRIMINAL LIABILITIES

4. that is due to his inexcusable negligence or

ignorance.

Notaries Public

Powers and Duties of a Notary Public

Section 241 of the Revised Administrative Act
enumerates the General Powers of a Notary Public:
1. To administer all oaths and affirmations provided
for by law:
a. in all matters incident to his notarial office;
b. in the execution of:
1. affidavits
2. depositions
3. other documents requiring an oath

OF JUDGES

Malfeasance under the RPC:

a. Knowingly Rendering Unjust Judgment (Art. 204,
RPC)
The elements are:
1. that the officer is a judge;
2. that he renders judgment in a case
submitted to him for decision;
3. that the judgment is unjust;
4. the judge knows that his judgment is unjust.
b. Judgment Rendered Through Negligence (Art. 205,
RPC)
The elements are:
1. that the offender is a judge;
2. that he renders judgment in a case
submitted to him for decision
3. that the judgment is manifestly unjust;

2. To receive proof or acknowledgment of all writings

relating to commerce, such as
a. ships, vessels or boats:
1. Bills of Exchange
2. Bottomries
3. Mortgages
4. Hypothecations
b. charter parties or affreightments
c. letters of attorney
d. land/buildings or interest therein:
1. deeds
2. mortgages
3. transfers and assignments
e. other writings as are commonly provided or
acknowledged before notaries.
3. To act as magistrate in the writing of affidavits or
depositions
4. To make declarations and certify the truth thereof
under his seal of office, concerning all matters done
by him in virtue of his office.
The law imposes on the notary public two kinds of duties:
a. execution of formalities required by law; and

b. verification of the capacity and identity of the

parties as well as the legality of the act executed.

Extent of Jurisdiction of a Notary Public:

Under the Notarial Law, the jurisdiction of a notary
public in general, used to be CO-EXTENSIVE with the province
for which he was commissioned; and for the notary public in
the City of Manila, the jurisdiction is CO-EXTENSIVE with said
city. Circular 8 of 1985 however, clarified further that the
notary public may be commissioned for the same term only
by one court within the Metro Manila region.

Q: Must a Notary Public always be a LAWYER?

A: General Rule: Only those admitted to the practice of
law are qualified to be notaries public.
Exception: When there are no persons with the
necessary qualifications OR where there are qualified
persons but refuse appointment. In which case, the
following persons may be appointed as notaries:
a. those who have passed the studies of law in
a reputable university
b. a clerk or deputy clerk of court for a period of
not less than two years

Effects of NOTARIZATION
1. The notary, in effect, proclaims to the world:
a. that all the parties therein personally appeared
before him
b. that they are personally known to him
c. that they are the same persons who executed the
instrument
d. that he inquired into the voluntariness of the
execution of the instrument; and
e. that they acknowledged personally before him that
they voluntarily and freely executed the same
2. Converts a private document into a public one and
renders it admissible in court without further proof of its
authenticity. (Joson vs. Baltazar)
3. Documents enjoy a presumption of regularity. It
constitutes prima facie evidence of the facts which give
rise to their execution and of the date of said execution,

but not of the truthfulness of the statements. The reason

for the former presumption is that the law assumes that
the act which the officer witnesses and certified to or the
date written by him are not shown to be false since
notaries are public officers.
CIVIL CODE OF THE PHILIPPINES
PRELIMINARY TITLE
CHAPTER I
EFFECT AND APPLICATION OF LAWS
Article 1. This Act shall be known as the "Civil Code of the
Philippines." (n)
Art. 2. Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless
it is otherwise provided. This Code shall take effect one year
after such publication. (1a)
Art. 3. Ignorance of the law excuses no one from compliance
therewith. (2)
Art. 4. Laws shall have no retroactive effect, unless the
contrary is provided. (3)
Art. 5. Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law itself
authorizes their validity. (4a)
Art. 6. Rights may be waived, unless the waiver is contrary to
law, public order, public policy, morals, or good customs, or
prejudicial to a third person with a right recognized by law.
(4a)
Art. 7. Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse,
or custom or practice to the contrary.
When the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter shall
govern.

Administrative or executive acts, orders and regulations shall

be valid only when they are not contrary to the laws or the
Constitution. (5a)
Art. 8. Judicial decisions applying or interpreting the laws or
the Constitution shall form a part of the legal system of the
Philippines. (n)
Art. 9. No judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the laws.
(6)
Art. 10. In case of doubt in the interpretation or application
of laws, it is presumed that the lawmaking body intended
right and justice to prevail. (n)
Art. 11. Customs which are contrary to law, public order or
public policy shall not be countenanced. (n)
Art. 12. A custom must be proved as a fact, according to the
rules of evidence. (n)
Art. 13. When the laws speak of years, months, days or
nights, it shall be understood that years are of three hundred
sixty-five days each; months, of thirty days; days, of twentyfour hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be
computed by the number of days which they respectively
have.
In computing a period, the first day shall be excluded, and
the last day included. (7a)
Art. 14. Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public
international law and to treaty stipulations. (8a)
Art. 15. Laws relating to family rights and duties, or to the
status, condition and legal capacity of persons are binding

upon citizens of the Philippines, even though living abroad.

(9a)
Art. 16. Real property as well as personal property is subject
to the law of the country where it is stipulated.
However, intestate and testamentary successions, both with
respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national
law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless
of the country wherein said property may be found. (10a)
Art. 17. The forms and solemnities of contracts, wills, and
other public instruments shall be governed by the laws of the
country in which they are executed.
When the acts referred to are executed before the diplomatic
or consular officials of the Republic of the Philippines in a
foreign country, the solemnities established by Philippine
laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property,
and those which have, for their object, public order, public
policy and good customs shall not be rendered ineffective by
laws or judgments promulgated, or by determinations or
conventions agreed upon in a foreign country. (11a)
Art. 18. In matters which are governed by the Code of
Commerce and special laws, their deficiency shall be
supplied by the provisions of this Code. (16a)
CHAPTER 2
HUMAN RELATIONS (n)
Art. 19. Every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone
his due, and observe honesty and good faith.

Art. 20. Every person who, contrary to law, wilfully or

negligently causes damage to another, shall indemnify the
latter for the same.
Art. 21. Any person who wilfully causes loss or injury to
another in a manner that is contrary to morals, good customs
or public policy shall compensate the latter for the damage.
Art. 22. Every person who through an act of performance by
another, or any other means, acquires or comes into
possession of something at the expense of the latter without
just or legal ground, shall return the same to him.
Art. 23. Even when an act or event causing damage to
another's property was not due to the fault or negligence of
the defendant, the latter shall be liable for indemnity if
through the act or event he was benefited.
Art. 24. In all contractual, property or other relations, when
one of the parties is at a disadvantage on account of his
moral dependence, ignorance, indigence, mental weakness,
tender age or other handicap, the courts must be vigilant for
his protection.
Art. 25. Thoughtless extravagance in expenses for pleasure
or display during a period of acute public want or emergency
may be stopped by order of the courts at the instance of any
government or private charitable institution.
Art. 26. Every person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other
persons. The following and similar acts, though they may not
constitute a criminal offense, shall produce a cause of action
for damages, prevention and other relief:
(1) Prying into the privacy of another's residence:
(2) Meddling with or disturbing the private life or family
relations of another;
(3) Intriguing to cause another to be alienated from his
friends;

(4) Vexing or humiliating another on account of his religious

beliefs, lowly station in life, place of birth, physical defect, or
other personal condition.
Art. 27. Any person suffering material or moral loss because
a public servant or employee refuses or neglects, without just
cause, to perform his official duty may file an action for
damages and other relief against he latter, without prejudice
to any disciplinary administrative action that may be taken.
Art. 28. Unfair competition in agricultural, commercial or
industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to a right of
action by the person who thereby suffers damage.
Art. 29. When the accused in a criminal prosecution is
acquitted on the ground that his guilt has not been proved
beyond reasonable doubt, a civil action for damages for the
same act or omission may be instituted. Such action requires
only a preponderance of evidence. Upon motion of the
defendant, the court may require the plaintiff to file a bond to
answer for damages in case the complaint should be found to
be malicious.
If in a criminal case the judgment of acquittal is based upon
reasonable doubt, the court shall so declare. In the absence
of any declaration to that effect, it may be inferred from the
text of the decision whether or not the acquittal is due to that
ground.
Art. 30. When a separate civil action is brought to demand
civil liability arising from a criminal offense, and no criminal
proceedings are instituted during the pendency of the civil
case, a preponderance of evidence shall likewise be sufficient
to prove the act complained of.
Art. 31. When the civil action is based on an obligation not
arising from the act or omission complained of as a felony,
such civil action may proceed independently of the criminal
proceedings and regardless of the result of the latter.

Art. 32. Any public officer or employee, or any private

individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable
to the latter for damages:

(16) The right of the accused to be heard by himself and

counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial, to
meet the witnesses face to face, and to have compulsory
process to secure the attendance of witness in his behalf;

(1) Freedom of religion;

(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical
publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due
process of law;
(7) The right to a just compensation when private property is
taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers,
and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or
societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to
petition the government for redress of grievances;
(14) The right to be free from involuntary servitude in any
form;
(15) The right of the accused against excessive bail;

(17) Freedom from being compelled to be a witness against

one's self, or from being forced to confess guilt, or from being
induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a
State witness;
(18) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially
declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not
the defendant's act or omission constitutes a criminal
offense, the aggrieved party has a right to commence an
entirely separate and distinct civil action for damages, and
for other relief. Such civil action shall proceed independently
of any criminal prosecution (if the latter be instituted), and
mat be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary
damages may also be adjudicated.
The responsibility herein set forth is not demandable from a
judge unless his act or omission constitutes a violation of the
Penal Code or other penal statute.
Art. 33. In cases of defamation, fraud, and physical injuries a
civil action for damages, entirely separate and distinct from
the criminal action, may be brought by the injured party.
Such civil action shall proceed independently of the criminal
prosecution, and shall require only a preponderance of
evidence.

Art. 34. When a member of a city or municipal police force

refuses or fails to render aid or protection to any person in
case of danger to life or property, such peace officer shall be
primarily liable for damages, and the city or municipality
shall be subsidiarily responsible therefor. The civil action
herein recognized shall be independent of any criminal
proceedings, and a preponderance of evidence shall suffice
to support such action.
Art. 35. When a person, claiming to be injured by a criminal
offense, charges another with the same, for which no
independent civil action is granted in this Code or any special
law, but the justice of the peace finds no reasonable grounds
to believe that a crime has been committed, or the
prosecuting attorney refuses or fails to institute criminal
proceedings, the complaint may bring a civil action for
damages against the alleged offender. Such civil action may
be supported by a preponderance of evidence. Upon the
defendant's motion, the court may require the plaintiff to file
a bond to indemnify the defendant in case the complaint
should be found to be malicious.
If during the pendency of the civil action, an information
should be presented by the prosecuting attorney, the civil
action shall be suspended until the termination of the
criminal proceedings.
Art. 36. Pre-judicial questions which must be decided before
any criminal prosecution may be instituted or may proceed,
shall be governed by rules of court which the Supreme Court
shall promulgate and which shall not be in conflict with the
provisions of this Code.
Ethics

= moral principles that govern a person's or group's behavior.

= the branch of knowledge that deals with moral principles.

Professional Ethics = the personal and corporate rules that govern

behavior within the context of a particular profession. Professional Ethics is
partly comprised of what a professional should or should not do in the work
-place.
Sources of Legal Ethics:

1.
2.
3.
4.
5.
6.
7.

The 1987 Constitution.

Applicable Jurisprudence.
Code of Professional Responsibility.
New Civil Code.
Rules of Court.
Revised Penal Code.
Local Government Code.
Importance of Legal Ethics

So why is ethics important to the practice of law?

First because lawyers are integral to the working-out of the law and the
Rule of Law itself is founded on principles of justice, fairness and equity. If
lawyers do not adhere and promote these ethical principles then the law
will fall into disrepute and people will resort to alternative means of
resolving conflict. The Rule of Law will fail with a rise of public discontent.

Second, lawyers are professionals. This concept conveys the notion that
issues of ethical responsibility and duty are an inherent part of the legal
profession. It has been said that a profession's most valuable asset is its
collective reputation and the confidence which that inspires. The legal
profession especially must have the confidence of the community. Justice
Kirby of the Australian High Court once noted:

The challenge before the legal profession....is to resolve the basic

paradoxes which it faces....To reorganise itself in such a way as to provide
more effective, real and affordable access to legal advice and
representation by ordinary citizens. To preserve and where necessary, to
defend the best of the old rules requiring honesty, fidelity loyalty,
diligence, competence and dispassion in the service of clients, above mere
self-interest
and
specifically
above
commercial
self-advantage.
Third, because lawyers are admitted as officers of the court and therefore
have an obligation to serve the court and the administration of justice.

And finally because lawyers are a privileged class for only lawyers can, for
reward, take on the causes of others and bring them before the courts.

Amicus Curiae is:

- An experienced and impartial attorney invited by the court to appear and
help in the disposition of issues submitted to it.
- It implies friendly intervention of counsel to call the attention of the court
to some matters of law or facts which might otherwise escape its notice
and in regard to which it might go wrong.
- Appears in court not to represent any particular party but only to assist
the court.
Lawyer this is the general term for a person trained in the law and
authorized to advice and represent others in legal matters
Attorney - In the most general sense this term denotes an agent or
substitute, or one who is appointed and authorized to act in the place or
stead
of
another
COUNSEL: a term given to a lawyer,
To counselsomeone means to advise them.

attorney

or

counsellor.

The Philippine justice system is composed of the Supreme Court, the Court
of Appeals, the regional trial courts, the Court of Tax Appeals and the
metropolitan and municipal trial courts.
The high level of criminality and disorder can be partly blamed for the
country's instability, but on the other hand these problems occur from the
structure of the society in general. As an attempt to increase the stability
of the society the government restored the death penalty in 1993.
Although around 40 prisoners have been condemned to death since then,
none of these sentences has been executed.
It is very important to find a reliable local lawyer. It's worth putting some
effort this recruitment, because there are also some unskilled and even
fraudulent lawyers catching new clients. Making a mistake here might cost
you a huge amount of money. Consultations with other Finnish companies
present in the country could help in finding a reliable lawyer. Unlike lawyers
in Finland, some are eager to present their clients as reference. This might
also give some idea of the lawyer's reputation, but one should always
remember that business cards can't be trusted as a reference and as an
indication of factual clientship.

Code of Professional Responsibility

- In 1988, the Supreme Court promulgated the Code of Professional
Responsibility.
- The Code consists of 22 Canons and 77 Rules, divided into 4 Chapters:
1. The Law and Society.
2. The Lawyer and the Legal Profession.
3. The Lawyer and the Courts.
4. The Lawyer and the Clients.
- The Code establishes the norms of conduct and ethical standards for all
lawyers.
- Failure to live up to any of its provisions is ground for disciplinary action.
- Faithful observance requires a thorough understanding of the Code.
LEGAL SYSTEM
The legal system of the Philippines is a combination of continental civil law
and the Anglo-American common law system. The Philippines gained
autonomous status from the US in 1935 when the first Philippine
constitution was implemented. The present constitution originates from
1987 and is similar to the US constitution.

TAXATION
TAXATION power inherent in every sovereign State to impose a charge
or burden upon persons, properties, or rights to raise revenues for the use
and
support of the government to enable it to discharge its appropriate
functions
- power by which the sovereign through its law-making body raises
revenue to defray the necessary expenses of government from among
those
who in some measure are privileged to enjoy its benefits and must bear its
burdens.
Two Fold Nature of the Power of Taxation
1. It is an inherent attribute of sovereignty
2. It is legislative in character
CHARACTERISTICS OF TAXES
1. forced charge;
2. pecuniary burden payable in money;
3. levied by the legislature;
4. assessed with some reasonable rule of apportionment; (see theoretical
justice)

5. imposed by the State within its jurisdiction;

BASIC PRINCIPLES OF A SOUND TAX SYSTEM (KEY: FAT)
1. Fiscal Adequacy sufficiency to meet government expenditures and
other public needs.
2. Administrative Feasibility/ Convenience capability of being
effectively enforced.
3. Theoretical Justice based on the taxpayers ability to pay; must be
progressive. (Ability to Pay Theory)
DOUBLE TAXATION taxing the same property twice when it should be
taxed but once.
IS DOUBLE TAXATION PROHIBITED IN THE PHILIPPINES?
No. There is no constitutional prohibition against double taxation. It is not
favored but permissible.
(Pepsi Cola Bottling Co. v. City of Butuan, 1968).
KINDS OF DOUBLE TAXATION
(1) Direct Duplicate Taxation / Obnoxious double taxation in the
objectionable or prohibited sense. This constitutes a violation of
substantive due process.
Elements:
a. the same property or subject matter is taxed twice when it should be
taxed only once.
b. both taxes are levied for the same purpose
c. imposed by the same taxing authority
d. within the same jurisdiction
e. during the same taxing period
f. covering the same kind or character of tax.
(Villanueva vs. City of Iloilo)
(2) Indirect Duplicate Taxation not legally objectionable. The absence
of one or more of the above-mentioned elements makes the double
taxation indirect.
(3) Domestic- this arises when the taxes are imposed by the local or
national government (within the same state)
(4) International- refers to the imposition of comparable taxes in two or
more states on the same taxpayer in respect of the same subject
matter and for identical periods.
Tax Avoidance (Tax Minimization) tax saving device that is legally
permissible
Tax Evasion (Tax Dodging) connotes fraud through the use of
pretenses and forbidden devices to lessen or defeat taxes; must be willful
and intentional.

NATURE OF TAX LAWS

1. Not political in character
2. Civil in nature, not subject to ex post facto law prohibitions
3. Not penal in character
Internal Revenue - Monies collected by a government through imposition
of levies and taxes on facilities, incomes, sale of goods and
services, transfers of properties, and other domestic transactions, as
opposed to monies collected from duties imposed on imports and other
international transactions. Also called inland revenue.

NATIONAL INTERNAL REVENUE TAXES: (Sec.21) (I VEE DOO)

1) Income tax
2) Estate and Donors tax
3) Value-Added tax
4) Other percentage tax
5) Excise tax
6) Documentary stamp tax
7) Such Other taxes as are or hereafter may be imposed and collected by
the BIR
TYPES OF TAXPAYERS
A. Individuals
Kinds of Individuals
1) Resident Citizen
2) Nonresident Citizen = citizen of the Philippines who:
(a) Establishes the fact of his physical presence abroad with a definite
intention
to reside therein
(b) Leaves the Philippines during the taxable year to reside abroad, as
immigrant or for
employment on a permanent basis
(c) Works & derives income from abroad & whose employment requires
him to be
physically present abroad most of the time (i.e. not less than 183 days)
during
the taxable year
(d) Previously considered as nonresident citizen & arrives in the Philippines
at any
time during the taxable year to reside permanently in the Philippines
3) Resident Alien
4) Nonresident Alien
a) Those engaged in trade or business in the Philippines who come and
stay in the
Philippines for an aggregate period of more than 180 days during any
calendar
year
b) Those not engaged in trade or business in the Philippines, which include
nonresident

aliens whose stay in the Philippines is 180 days or less

c) Aliens employed by regional or area headquarters and regional
operating
headquarters of multinational companies in the Philippines
d) Aliens employed by offshore banking units
e) Aliens employed by petroleum contractors and subcontractors
TYPES OF INCOME
1) General
a) Compensation Income
b) Income from Business
c) Income from Exercise of Profession
2) Special Types of Income (not part of gross income, subject to final tax)
a) Interests, royalties, prizes and other winnings subject to final tax
(Passive
Income)
b) Cash & property dividends (does not include stock dividends; these are
realized only upon their subsequent sale) (Passive Income)
c) Capital gains from sale of real property
d) Capital gains from sales of shares of stock not listed in the stock
exchange
e) Capital gains from sale of shares of stock listed in stock exchange
(subject to
percentage tax
B. Estates and Trusts
Estate: property, rights and obligations of a person which are not
extinguished by his death
and those that accrues thereto; taxed in the same way as an individual
provided it is irrevocable and earns income; what is taxed is not the
property that constitutes the trust (this was already subject to donors tax)
but the income of such property.
Trust: arrangement created by agreement under which title to property is
passed to another for conservation or investment with the income and the
corpus/principal distributed in accordance with the directions of the
creator; to be taxable as a separate entity, grantor must have absolutely
and irrevocably given up control and benefit over
the trust.
C. Corporation
A corporation shall include partnerships, no matter how created or
organized. Joint stock companies, joint accounts, associations, and
insurance companies
But does not include, for the purpose of imposing ordinary 35% corporate
income tax:
o general professional partnerships
o joint venture or consortium formed for the purpose of undertaking
construction
projects or engaging in petroleum, coal, geothermal & other energy
operations

pursuant to an operating or consortium agreement under a service

contract with
the govt.
General Types:
1) Domestic Corporation is created or organized in the Philippines or
under its laws
2) Foreign Corporation is organized and existing under the laws of a
foreign country
(a) Resident foreign corporation foreign corp. engaged in trade or
business within
the Philippines
(b) Nonresident foreign corporation foreign corp. not engaged in
trade or
business within the Philippines
D. Partnerships
Kinds of Partnerships
1) General Professional Partnerships
Established solely for purpose of exercising common profession and not
part of income
derived from engaging in trade or business.
As an entity, it is not subject to income tax. Partners are liable for income
tax on their
distributive share (computed by dividing net income of GPP). Each partner
shall report his
distributive share as part of his gross income.
2) Taxable/Business/Ordinary Partnership
All other partnerships no matter how created or organized.
Includes unregistered joint ventures and business partnerships.
Taxable as an entity ordinary corporate income tax.
Joint ventures are not taxable as corporations when its purpose if a)
undertaking construction projects; b) engaged in petroleum, coal and other
energy
operation under a service contract with the government.
Partners are considered stockholders; therefore, their distributive share is
taxed as
dividends.

It shall guarantee the rights of all workers to selforganization,

collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law. They
shall be entitled to security of tenure, humane conditions of work,
and a living wage. They shall also participate in policy and
decisionmaking processes affecting their rights and benefits as
may be provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster industrial
peace. The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
returns to investments, and to expansion and growth.

Labor It is the exertion by human beings of physical or mental efforts, or both,

towards the production of goods and services.

What are the classifications of labor law?

1.

1.

2.

Labor standards The minimum terms and conditions of employment

prescribed by existing laws, rules and regulations relating to wages,
hours of work, costofliving allowance and other monetary and welfare
benefits. (Batong Buhay Gold Mines, Inc. v. Dela Serna, G.R. No. 86963,
August 6,1999) e.g. 13th month pay
Labor relations Defines and regulates the status, rights and duties,
and the institutional mechanisms, that govern the individual and
collective interactions of Ers, Ees, or their representatives. It is
concerned with the stabilization of relations of Er and Ees and seek to
forestall and adjust the differences between them by the
encouragement of collective bargaining and the settlement of labor
disputes through conciliation, mediation and arbitration. e.g. Additional
allowance pursuant to CBA
Social legislation It includes laws that provide particular kinds of
protection or benefits to society or segments thereof in furtherance of
social justice. e.g. GSIS Law, SSS Law, Philhealth benefits

Q: Is there any distinction between labor legislation and social

legislation? Explain.
A: Labor legislation is sometimes distinguished from social legislation by
the former referring to labor statutes, like Labor Relations Law and Labor
Standards, and the latter to Social Security Laws. Labor legislation focuses
on the rights of the worker in the workplace.
Social legislation is a broad term and may include not only laws that give
social security protection, but also those that help the worker secure
housing and basic necessities. The Comprehensive Agrarian Reform Law
could also be considered a social legislation. All labor laws are social
legislation, but not all social legislation is labor law. (1994 Bar Question)
What are the sources of labor laws?
1. Labor Code and other related special legislation
2. Contract
3. Collective Bargaining Agreement
4. Past practices
5. Company policies

What are the constitutional mandates with regard labor laws?

1.

Sec. 3, Art. XIII The State shall afford full protection to labor, local
and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.

1.

Sec. 9, Art. II The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an
improved quality of life for all.

2.

Sec. 10, Art II The State shall promote social justice in all phases of
national development.

3.

Sec. 11, Art II The State values the dignity of every human person and
guarantees full respect for human rights.

4.

Sec. 13, Art. II The State recognizes the vital role of the youth in
nationbuilding and shall promote and protect their physical, moral,
spiritual, intellectual, and social wellbeing. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.

5.

Sec. 14, Art. II The State recognizes the role of women in nation
building, and shall ensure the fundamental equality before the law of
women and men.

6.

Sec. 18, Art. II The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.

7.

Sec. 20, Art. II The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides incentives
to needed investments.

8.

Sec. 1, Art. III No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied the equal
protection of the laws.

9.

Sec. 4, Art. III No law shall be passed abridging the freedom of

speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress of
grievances.

10. Sec. 8, Art. III The right of the people, including those employed in
the public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged.
11. Sec. 1, Art. XIII The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good. To this end, the State
shall regulate the acquisition, ownership, use, and disposition of
property and its increments.
12. Sec. 2, Art. XIII The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of
initiative and selfreliance.
13. Sec. 14, Art. XIII The State shall protect working women by providing
safe and healthful working conditions, taking into account their
maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full potential in
the service of the nation.
What are the limitations to the rulemaking power given to the
Secretary of Labor and Employment and other govt agencies?
A: It must:
1. Be issued under the authority of the law
2. Not be contrary to law and the Constitution
What is compassionate justice?
A: It is disregarding rigid rules and giving due weight to all equities of the
case.
e.g: Employee validly dismissed may still be given severance pay.
The Labor Code of the Philippines
a. Brief History: began in 1968 under Blas Ople to address needs of
economic development and justice.
b. Name of Decree (Art 1) Labor Code of the Philippines PD 442
c. Date of Effectivity (2) 6 mos. After promulgation which was on (May 1,
1974) therefore, Nov 1, 1974
d. Declaration of Basic Policy (3) Full employment, Equal work
opportunity, Security of Tenure, etc.

e. Construction in Favor of Labor (4) in favor of safety and decent living of

the laborer however, it must be noted that the management also has rights
(management prerogatives)
The Labor Code of the Philippines stands as the law governing
employment practices and labor relations in the Philippines. It was enacted
on Labor day of 1974 by President Ferdinand Marcos, in the exercise of his
then extant legislative powers.
Features The Labor Code prescribes the rules for hiring and termination of
private employees; the conditions of work including maximum work hours
and overtime; employee benefits such as holiday pay, thirteenth month
pay and retirement pay; and the guidelines in the organization and
membership in labor unions as well as in collective bargaining.
The Labor Code contains several provisions which are beneficial to labor. It
prohibits termination from employment of Private employees except for
just or authorized causes as prescribed in Article 282 to 284 of the Code.
The right to trade union is expressly recognized, as is the right of a union
to insist on a closed shop. Strikes are also authorized for as long as they
comply with the strict requirements under the Code, and workers who
organize or participate in illegal strikes may be subject to dismissal.
Moreover, Philippine jurisprudence has long applied a rule that any doubts
in the interpretation of law, especially the Labor Code, will be resolved in
favor of labor and against management.