PROBLEM AREAS IN LEGAL ETHICS GUIDE
QUESTIONS
Who are entitled to practice law?
Section 1. Who may practice law. Any person
heretofore duly admitted as a member of the bar,
or hereafter admitted as such in accordance with
the provisions of this rule, and who is in good and
regular standing, is entitled to practice law.
Recite the Lawyers Oath
I___________ of ___________ / do solemnly swear
/ that I will maintain allegiance to the Republic of the
Philippines, / I will support the Constitution / and obey
the laws / as well as the legal orders of the duly
constituted authorities therein; / I will do no falsehood,
/ nor consent to the doing of any in court;
/ I will not wittingly or willingly promote or sue / any
groundless, false or unlawful suit, / or give aid nor
consent to the same; / I will delay no man for
money or malice, / and will conduct myself as a
lawyer according to the best of my knowledge and
discretion, / with all good fidelity as well to the
courts as to my clients; and I impose upon myself
these voluntary obligations without any mental
reservation or purpose of evasion. So help me God.
What is the significance of the Lawyers
Oath?
In the case of Sebastian vs. Calis the Supreme
Court held that: A lawyer's oath are not mere facile
words, drift and hollow, but a sacred trust that must
be upheld and kept inviolable In a sense, the
oath embodies the ideals by which a lawyer lives by
in the practice of the legal profession. This is why
the lawyer's oath has been likened to a condensed
problem areas in legal ethics
version of the canons of professional responsibility.
This seems to have been confirmed in Endaya vs.
Oca, where it was held that: the lawyer's oath
embodies the fundamental principles that guide
every member of the legal fraternity. From it springs
the lawyer's duties and responsibilities that any
infringement thereof can cause his disbarment,
suspension or other disciplinary actions. (Source:
The Lawyers Oath by Jose L. Sabio, Jr.)
May the legislature enact a law to
regulate admission to the bar?
No, the admission, suspension, disbarment and
reinstatement of attorney at law in the practice of
the profession and the supervision have been
indisputably a judicial function and responsibility
and remains vested with the Supreme Court. The
Constitution has not conferred on Congress
equal responsibility which the Constitution
recognizes as to be continuously residing in the
Supreme Court. (Ibid)
Can the legislature enact laws to regulate the
practice of the law?
No. It is noteworthy that unlike the 1935 and
1973 Constitution, the 1987 Constitution no
longer provides for the power of the legislature to
repeal, alter and supplement the Rules
promulgated by the Supreme Court. However,
the legislature, in the exercise of police power
may enact laws regulating the practice of law to
protect the public and promote public welfare.
Note: The legislature may not pass a law that will
control the SC in the performance of its functions to
decide who may enjoy the privilege of practicing
law and any law of that kind is unconstitutional
being an invalid exercise of legislative power. (In
Re: Cunanan, Resolution, Mar. 18, 1954)
 What constitutes practice if law?
Practice of law means any activity, in or out of court,
which requires the application of law, legal procedure,
knowledge, training, and experience. To engage in
the practice of law is to perform those acts which are
characteristics of the profession. Generally, to
practice law is to give notice or render any kind of
service, which device or service requires the use in
any degree of legal knowledge or skill.
(Cayetano v. Monsod, G.R. No. 100113, Sept.
3, 1991)
May a lawyer who has been disbarred
appear as counsel for himself in a civil
case where he is the defendant?
A disbarred lawyer has no more authority to appear
in Court as a lawyer. A lawyer who was previously
disbarred but continued to represent himself as a
lawyer was found guilty of indirect contempt and
fine with imprisonment in case of failure to pay
within five (5) days. (Lemoine v. Atty. Balon, Jr.,
A.C. No. 5829, October 28, 2003)
Who has the burden of proving that an
applicant is qualified to practice law?
Section 5 of Rule 138, RRC, now provides that before
being admitted to the examination, all applicants for
admission to the bar shall satisfactorily show that they
have successfully completed all the prescribed
courses for the degree of Bachelor of Laws or its
equivalent degree in a law school or university
officially recognized by the Philippine Government or
by the proper authority in the foreign jurisdiction
where the degree has been granted.
problem areas in legal ethics
What is the significance of the IBP
dues and occupation tax?
Payment of IBP dues and privilege tax:
a) Membership by every attorney in the
IBP is compulsory.
b) Obligation to support it financially.
May a lawyer employ people to act as
tipsters who will provide information
about potentially lucrative cases?
No. The practice of law is a profession and not
a business as it is an essential part in the
administration of justice, a profession in pursuit
of which pecuniary reward is considered
merely incidental; it is a pursuit of learned art in
the interest of public service
Is the practice of law a right
or a privilege?
The practice of law is not a natural property or
constitutional right but a mere privilege. It is not a
right granted to anyone who demands it but a
privilege to be extended or withheld in the exercise
of sound judicial discretion. It is in the nature of a
franchise conferred only for merit which must be
earned by hard study, learning and good conduct. It
is a privilege accorded only to those who measure
up to certain rigid standards of mental and moral
fitness. Those standards are neither dispensed with
nor lowered after admission.
The attorneys continued enjoyment of the
privilege conferred depends upon his complying
with the ethics and rules of the profession.
 Who are the public officials who
are absolutely prohibited from
the private practice of law?
They are (JOPPCOMS):
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, G.R. No. L-19450, May 27,1965)
4. President, Vice-President, members of the
cabinet, their deputies and assistants. (Sec.
13, Art VII, 1987 Constitution)
5. Members of the Constitutional Commission.
(Sec. 2, Art IX-A, 1987 Constitution)
nd
6. Ombudsman and his deputies. (Sec. 8 [2
par], Art. IX, 1987 Constitution)
7. All governors, city and municipal mayors.
(R.A. No. 7160, Sec. 90)
8. Those prohibited by special law. (1990 Bar
Question)
May a corporation practice law?
How about a partnership?
No, a corporation may not practice law. It is
well-settled rule that a corporation cannot
engage in the practice of law. It may, however,
hire an attorney to attend to and conduct its
own legal business or affairs.
But it cannot practice law directly or indirectly
by employing a lawyer to practice for it or to
appear for others for its benefit because of the
following reasons:
1. Nature of the privilege and on the confidential
and trust relation between attorney and client.
2. A corporation cannot perform the conditions
required for membership in the Bar, such as the
possession of good moral character and other
special disqualifications, the taking of an oath
problem areas in legal ethics
and becoming an officer of the court, subject
to its discipline, suspension or removal.
3. The relation of trust and confidence cannot arise
where the attorney is employed by a corporation
to practice for it, his employer and him owing, at
best, a secondary and divided loyalty to the
clientele of his corporate employer.
4. The intervention of the corporation is
destructive of that confidential and trust
relation and is obnoxious to the law.
What are the duties and obligation
of the lawyer to the court, his
clients, fellow lawyers, and the
public? Which comes first, the duty
to the client or to the court?
The four-fold duties of a lawyer are:
1. Public/Society He must not undertake any
action which violates his responsibility to the
society as a whole, he must be an example in the
community for his uprightness as a member of the
society. The lawyer must be ready to render legal
aid, foster legal reforms, be guardian of due
process, and aware of his special role in the
solution of special problems and be always ready
to lend assistance in the study and solution of
social problems. (Canon 1-6, CPR)
2. Bar/Legal Profession Observe candor, fairness,
courtesy and truthfulness in his conduct towards
other lawyers, avoid encroachment in the
business of other lawyers and uphold the honor of
the profession. (Canon 7-9, CPR)
3. Courts A lawyer must maintain towards
the court a respectful attitude, defend
against unjust criticisms, uphold the courts
authority and dignity, obey court orders and
processes, assists in the administration of
justice. (Canon 10-13, CPR)
4. Clients The lawyer owes entire devotion to
the interest of his client, warm and zeal in the
maintenance of the defense of his rights and
 exertion of utmost learning ability to the end
that nothing be taken or withheld from his client
except in accordance with law. He owes a duty
of competent and zealous representation to the
client, and should preserve his clients secrets,
preserve his funds and property and avoid
conflicts of interest. (Canon 14-22, CPR)
The first and most important duty of the lawyer is
his duty to the court. The reason is that the attorney
is an officer of the court. He is an officer of the court
in the sense that his main mission is to assist the
court in the administering of justice. His public
duties take precedence over his private duties.
What is a champertous contract?
A champertous contract is one where the lawyer
stipulates with his client in the prosecution of the
case that 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 or property recovered as
compensation. A champertous contract is void for
being against public policy. (Like gambling)
(1999, 2000, 2006 Bar Questions)
Note: A champertous contract which is
considered void due to public policy, because it
would make him acquire a stake in the outcome
of the litigation which might lead him to place his
own interest above that of the client (Bautista v.
Gonzales, A.M. No. 1625, Feb. 12, 1990).
What is a contingent fee contract?
A contingent fee contract is where the lawyer is
paid for his services depending on the success
of the case. This applies usually in civil suits for
money or property where the lawyers fee is
taken from the award granted by the court.
problem areas in legal ethics
Note: Contingent fee contracts are subject to the
supervision and close scrutiny of the court in
order that clients may be protected from unjust
charges. The amount of contingent fees agreed
upon by the parties is subject to the stipulation
that counsel will be paid for his legal services
only if the suit or litigation prospers. A much
higher compensation is allowed as contingent
fees because of the risk that the lawyer may get
nothing if the suit fails. (Evangelina Masmud v.
NLRC, et. al., G.R. No. 183385, Feb. 13, 2009)
CONTINGENT CHAMPERTOUS
CONTRACT CONTRACT
Payable in cash Payable in kind only
Lawyers do not Lawyers undertake to
undertake to pay all pay all expenses of
expenses of litigation. litigation.
Valid Void
What fee arrangement may a lawyer
agree with a client? Explain each.
The client may stipulate with his counsel to pay
him either:
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 which
may be in a percentage basis;
c) A fixed fee payable by appearance;
d) A fixed fee computed on the number of
hours spent;
e) A fixed fee based on a piece of work.
The lawyer and client may enter into a
combination of the above arrangement or an
entirely different agreement not contrary to law,
public morals or public policy.

In the absence of any fee
arrangement, what fee arrangement
would govern?
Quantum meruit will govern. Quantum meruit
means as much as he deserved. The recovery of
attorneys fees on the basis of quantum meruit is
permitted when there is no express agreement for
the payment of attorneys fees, and is basically a
legal mechanism which prevents an unscrupulous
client from running away with the fruits of legal
services of counsel without paying for it, while
avoiding unjust enrichment on the part of the lawyer
himself. (Pineda v De Jesus 499 SCRA 608)
May a lawyer share his fees with a
non-lawyer? Are there exceptions?
Explain.
No. Under Rule 9.02 of CPR, a lawyer shall not
divide or stipulate to divide a fee for legal
services with person not licensed to practice law.
However, there are exceptions. The following
are provided in Rule 9.02:
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 persons specified in the agreement;
b) Where a lawyer undertakes to complete
unfinished legal business of a deceases
lawyer;
c) Where a lawyers or law firm includes non-
lawyer employees in a retirement plan,
even if the plan is based in whole or in
part on a profit sharing arrangement.
If attorneys fees were allowed to non-lawyers, it
would leave the public in hopeless confusion as to
whom to consult in case of need and also to leave
the bar in chaotic condition, aside from the fact that
problem areas in legal ethics
non-lawyers are not amenable to disciplinary
measures. (Hariman v Straham)
Explain the concept of a retaining
lien and a charging lien.
A retaining lien is a passive lien and may not be
actively enforced. It amounts to a mere right to
retain papers as against the client until the lawyer is
fully paid. (5 Am Jur.392) Under the Rules of Court,
it is a lien upon funds, documents and papers of his
client which have lawfully come into his possession
and may retain the same until his lawful fees and
disbursements have been paid and may apply such
funds to the satisfaction thereof.
A charging lien is the equitable right of the attorney
to have the fees due him for services in a particular
suit. The object of this lien is to protect the claim on
the fruits of the lawyers labor. (Myers v Miller)
Under the Rules of Court, It is a lien upon all
judgments for the payment of money and
execution issued in pursuance of such judgment
which he has secured in a litigation for his client.
To enforce a charging lien, it is necessary that
the lawyer shall have caused a statement of such
lien to be entered upon the records of the court
which rendered favorable judgment with written
notice to the client and to the adverse party.
What is barratry? Is it permitted
in this jurisdiction?
Barratry is the offense of frequently exciting and
stirring-up quarrels and suits, either at law or
otherwise. It is the lawyers act of formenting suits
among individuals and offering his legal services to
one of them for monetary motives or purposes.
It is prohibited in this jurisdiction. A lawyer should not
allow himself to become an instigator of controversy
and a predator of conflict instead of a mediator for
concord and conciliator for compromise a virtuoso of
technicality in the conduct of litigation instead a true
exponent of the primacy of truth and moral justice. A
lawyer must resist the whims and caprices of his
client and temper with his clients propensity to
litigate. (Castaneda v Ago 65
SCRA 512)
What is meant by sub judice?
Sub judice, Latin for "under judgment", means
that a particular case or matter is under trial or
being considered by a judge or court. The term
may be used synonymously with "the present
case" or "the case at bar" by some lawyers.
Sub judice rule restricts comments and disclosures
pertaining to pending judicial proceedings. The
restriction applies not only to participants in the
pending case, i.e., to members of the bar and
bench, and to litigants and witnesses, but also to
the public in general, which necessarily includes
the media. The principal purpose of the sub judice
rule is to preserve the impartiality of the judicial
system by protecting it from undue influence.
What is direct contempt?
Indirect Contempt? How are
they instituted and on what
grounds may a person be held
in direct and indirect contempt?
Direct Contempt is a willful disregard or
disobedience of a public authority committed in the
presence of or so near the judge as to obstruct him
in the administration of justice. While Indirect
Contempt is the willful disregard or disobedience of
the lawful process or order of the court.
problem areas in legal ethics
The punishment for the first is generally summary
and immediate, and no process or evidence is
necessary because the act is committed in facie
curiae. The inherent power of courts to punish
contempt of court committed in the presence of the
courts without further proof of facts and without aid
of a trial is not open to question, considering that
this power is essential to preserve their authority
and to prevent the administration of justice from
falling into disrepute; such summary conviction and
punishment accord with due process of law.
What is forum shopping?
There is forum shopping when as a result of an
adverse opinion in one forum, a party seeks a
favorable opinion (other than appeal or
certiorari) in another or when he institutes two
or more actions or proceedings grounded on
the same cause, on the gamble that one or the
other court would make a favorable decision.
Note: Please refer to Rule 71 of the ROC. (Annex A)
When may a lawyer criticize a
courts decision?
Generally, criticism of a courts rulings or decisions
is not improper, and may not be restricted after a
case has been finally disposed of and has ceased
to be pending. So long as critics confine their
criticisms to facts and base them on the decisions
of the court, they commit no contempt no matter
how severe the criticism may be; but when they
pass beyond that line and charge that judicial
conduct was influenced by improper, corrupt, or
selfish motives, or that such conduct was affected
by political prejudice or interest, the tendency is to
create distrust and destroy the confidence of the
people in their courts. (Cagas v. Comelec 2013)
 When may a lawyer criticize a
courts decision?
While criminal actions, as a rule, are prosecuted
under the direction and control of the public
prosecutor, however, an offended party may
intervene in the proceeding, personally or by
attorney, especially in cases of offenses which
cannot be prosecuted except at the instance of the
offended party. The only exception to this rule is
when the offended party waives his right to [file the]
civil action or expressly reserves his right to
institute it after the termination of the case, in which
case he loses his right to intervene upon the theory
that he is deemed to have lost his interest in its
prosecution. (Lee v. Lee G.R. No. 181658)
What is the duty of a prosecutor?
May a prosecutor suppress because
the evidence would establish the
innocence of the accused?
Under Rule 6.01, the primary duty of a lawyer
engaged in public prosecution is not to convict
but to see that justice is done. He should see to it
that the accused is given a fair and impartial trial
and not deprived of any of his statutory or
constitutional rights. (State v Platon)
No, a prosecutor cannot suppress evidence. Under
Rule 6.01, the suppression of facts or the
concealment of witnesses capable of establishing
the innocence of the accused is highly
reprehensible and is a cause of disciplinary action.
Read the Rules on Notarial Practice
When an accused appeals his
conviction in the Court of Appeals,
who will represent the State? Who
problem areas in legal ethics
will represent the State when
an accused is being tried
before the RTC?
The authority to represent the State in appeals of
criminal cases before the Supreme Court and the CA
is solely vested in the Office of the Solicitor General
(OSG). Administrative Code explicitly provides that
the OSG shall represent the Government of the
Philippines, its agencies and instrumentalities and its
officials and agents in any litigation, proceeding,
investigation or matter requiring the services of
lawyers. It shall have specific powers and functions to
represent the Government and its officers in the
Supreme Court and the CA, and all other courts or
tribunals in all civil actions and special proceedings in
which the Government or any officer thereof in his
official capacity is a party.
Under Sec 5 of Prosecution Service Act of 2010,
The Prosecution Staff, which shall be under the
control and supervision of the Secretary of
Justice, shall act as counsel for the People of the
Philippines in any case involving or arising from a
criminal complaint investigated by any of its
prosecutors and pending before any trial court.
What is the significance of
compliance with the Mandatory
Continuing Legal Education?
Continuing legal education is required of members
of the Integrated Bar of the Philippines (IBP) to
ensure that throughout their career, they keep
abreast with law and jurisprudence, maintain the
ethics of the profession and enhance the standards
of the practice of law. (B.M. 850)
When is advertising by a lawyer
permitted? Prohibited?

When permitted:
Lawyers are only allowed to announce their
services by publication in reputable law lists or
use of simple professional cards.
Professional calling cards may only contain the
following details:
a) lawyers name;
b) name of the law firm with which he is
connected;
c) address;
d) telephone number; and
e) special branch of law practiced.
When prohibited:
Canon 3 of the CPR, which lays down the
guidelines governing advertising by lawyers
and law firms, states:
Canon 3 A lawyer in the making known his legal
services shall use only true, honest, fair, dignified
and objective information or statements of fact.
Rule 3.01 A lawyer shall not use or permit the use
of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
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 business.
This rule proscribes ambulance chasing (the
solicitation of almost any kind of legal business by
an attorney, personally or through an agent in order
to gain employment) as a measure to protect the
community from barratry and champerty.
problem areas in legal ethics
What is the best advertisement
for a lawyer?
A lawyers best advertisement is a well-merited
reputation for professional capacity and fidelity
to trust based on his character and conduct.
(Linsangan v. Tolentino, A.C. No. 6672)
What is meant by a counsel
de officio? When may a lawyer
refuse his appointment as
counsel de officio? Explain
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 members of the Bar
are not available, the court may appoint any
person, resident of the province and good
repute for probity and ability, to defend the
accused. Sec. 7, Rule 116, Rules of Court.
When can a client dismiss a lawyer?
Hire a collaborating counsel? Explain.
When can a client dismiss a lawyer?
Section 32 of the Code of civil procedure, declares
that a client may at any time dismiss his lawyer or
substitute another in his place. This means that the
client can dismiss his lawyer at any time with or
without cause; and every lawyer who assumes to
render service in a professional capacity in any
particular case does so in full knowledge of the fact
that his services may be dispensed with at any time. It
follows that the dismissal of an attorney by a client
cannot be treated as the basis of legal liability, so far
as concerns the mere act of dismissal. In such a case
any idea of breach of contract on the part of the
client is wholly out of the question. Any loss
occasioned by such act is damnum absque
injuria. (Cristobal v. Ocson, G.R. No. L-19205
February 13, 1923)
When can a client hire a collaborating counsel?
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.
When can a lawyer withdraw
from a case? Does it need the
consent of the client? Explain.
Rule 22.01 of Canon 22 of the Code of
Professional Responsibility provides:
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 co-
counsel will not promote the best
interest of the client;
d) When the mental or physical condition
of the lawyer renders it difficult for him to
carry out the employment effectively;
problem areas in legal ethics
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 public office; and
g) Other similar cases."
A lawyer may retire at any time from any action or
special proceeding with the written consent of his
client filed in court and copy thereof served upon
the adverse party. Should the client refuse to give
his consent, the lawyer must file an application with
the court. The court, on notice to the client and
adverse party, shall determine whether he ought to
be allowed to retire. The application for withdrawal
must be based on a good cause. (Orcino vs
Gaspar: AC 3773 : September 24, 1997)
Supposing you are a lawyer and ABC
corp. and XYZ corp. are your retainer
clients. ABC wants to sue XYZ to
collect an indebtedness which was
long overdue. ABC wants you to
represent it. What should you do?
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 15.03. - A lawyer shall not represent
conflicting interests except by written consent of all
concerned given after a full disclosure of the facts.
What should you do?
Act as mediator conciliator or arbitrator
Rule 15.04. - A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
 When is an attorney-client
relationship established? Describe
the character of such a relationship.
A lawyer-client relationship was established from
the very first moment complainant asked
respondent for legal advice regarding the former's
business. To constitute professional employment, it
is not essential that the client employed the
attorney professionally on any previous occasion.
It is not necessary that any retainer be paid,
promised, or charged; neither is it material that
the attorney consulted did not afterward handle
the case for which his service had been sought.
If a person, in respect to business affairs or
troubles of any kind, consults a lawyer with a
view to obtaining professional advice or
assistance, and the attorney voluntarily permits
or acquiesces with the consultation, then the
professional employments is established.
Likewise, a lawyer-client relationship exists
notwithstanding the close personal relationship
between the lawyer and the complainant or the non-
payment of the former's fees. (Burbe v. Magulta)
Dean Wigmore lists the essential factors to
establish the existence of the attorney-client
privilege communication, viz:
(1) Where legal advice of any kind is sought (2)
from a professional legal adviser in his capacity
as such, (3) the communications relating to that
purpose, (4) made in confidence (5) by the client,
(6) are at his instance permanently protected (7)
from disclosure by himself or by the legal advisor,
(8) except the protection be waived.
What is meant by the term
fiduciary relationship?
problem areas in legal ethics
A fiduciary relationship is a relationship in which
one party places special trust, confidence, and
reliance in and is influenced by another who has
a fiduciary duty to act for the benefit of the party
(http://research.lawyers.com/glossary/fiduciary-
relationship.html)
When is the inhibition of a judge in a
case mandatory? Discretionary?
When mandatory:
The rule on inhibition and disqualification of
judges is laid down in Section 1, Rule 137 of
the Rules of Court:
Section 1. Disqualification of judges.No judge or
judicial officer shall sit in any case in which he, or
his wife or child, is pecuniarily interested as heir,
legatee, creditor or otherwise, or in which he is
related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of
the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in
which he has presided in any inferior court when
his ruling or decision is the subject of review,
without the written consent of all parties in interest,
signed by them and entered upon the record.
When discretionary:
The rule on inhibition and disqualification of
judges is laid down in Section 1, Rule 137 of
the Rules of Court:
Section 1 (2nd par). A judge may, in the
exercise of his sound discretion, disqualify
himself from sitting in a case, for just or valid
reasons other than those mentioned above.
Impute any act of bias or impartiality on the
part of the judge.
What can reasonably be gleaned from jurisprudence
on this point of law is the necessity of proving bias
and partiality under the second paragraph of the rule
in question. The proof required needs to point to
some act or conduct on the part of the judge being
sought for inhibition. In the instant Motions, there is
not even a single act or conduct attributed to Justice
Hernandez from where a suspicion of bias or partiality
can be derived or appreciated. In fact, it is oddly
striking that the accused does not even make a claim
or imputation of bias or partiality on the part of Justice
Hernandez. Understandably, he simply cannot make
such allegation all because there is none to be told. If
allegations or perceptions of bias from the tenor and
language of a judge is considered by the Supreme
Court as insufficient to show prejudgment, how much
more insufficient it becomes if there is absent any
allegation of bias or partiality to begin with. (Ramiscal
v. Hernandez, G.R. Nos. 173057-74)
Mere imputation of bias or partiality is not enough
ground for inhibition, especially when the charge
is without basis. Extrinsic evidence must further
be presented to establish bias, bad faith, malice,
or corrupt purpose, in addition to palpable error
which may be inferred from the decision or order
itself. This Court has to be shown acts or conduct
of the judge clearly indicative of arbitrariness or
prejudice before the latter can be branded the
stigma of being biased or partial. (Philippine
Commercial International Bank v. Dy Hong Pi)
Explain the term remittal
of disqualification.
CODE OF JUDICIAL CONDUCT
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
problem areas in legal ethics
parties and lawyers independently of the judge's
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.
Rule 3.12 DISQUALIFICATIONS
RULE 3.12. A judge should take no part in a
proceeding where the Judge's 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 judge's ruling in a lower court is the
subject of review;
d) the judge is related by consanguinity or
affinity to a party litigant within the sixth degree
or to counsel within the fourth degree;
e) the judge knows that the judge's 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.
Is it ethical for a lawyer to
interview his witness before
presenting him in court?
 Is the mere relation of attorney and
client raise the presumption of
confidentiality? When
communication by client and
attorney is considered confidential?
The moment complainant approached the then
receptive respondent to seek legal advice, a
veritable lawyer-client relationship evolved between
the two. Such relationship imposes upon the lawyer
certain restrictions circumscribed by the ethics of
the profession. Among the burdens of the
relationship is that which enjoins the lawyer,
respondent in this instance, to keep inviolate
confidential information acquired or revealed during
legal consultations. The fact that one is, at the end
of the day, not inclined to handle the clients case is
hardly of consequence. Of little moment, too, is the
fact that no formal professional engagement follows
the consultation. Nor will it make any difference that
no contract whatsoever was executed by the
parties to memorialize the relationship. As we said
in Burbe v. Magulta, 432 Phil. 840 (2002);
When can the lawyer reveal a clients
confidential communication?
1. With consent from client.
2. 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:
When by divulging such identity, it would
implicate the client to that same controversy for
which the lawyers services were required.
It would open client to civil liability.
problem areas in legal ethics
The disclosure of such identity will provide for
the only link in order to convict the accused,
otherwise, the government has no case.
What are the exception to the
rule that negligence of counsel
binds his client?
The general rule is that a client is bound by the
counsels acts, including even mistakes in the
realm of procedural technique. The rationale for the
rule is that a counsel, once retained, holds the
implied authority to do all acts necessary or, at
least, incidental to the prosecution and
management of the suit in behalf of his client, such
that any act or omission by counsel within the
scope of the authority is regarded, in the eyes of
the law, as the act or omission of the client himself.
Exception. A recognized exception to the rule is when
the reckless or gross negligence of the counsel
deprives the client of due process of law. For the
exception to apply, however, the gross negligence
should not be accompanied by the clients own
negligence or malice, considering that the client has
the duty to be vigilant in respect of his interests by
keeping himself up-to-date on the status of the case.
Failing in this duty, the client should suffer whatever
adverse judgment is rendered against
him.( BEJARASCO, JR., v. PEOPLE OF
THE PHILIPPINES, G.R. No. 159781)
 APPENDIX A
RULE 71
Contempt
Section 1. Direct contempt punished summarily.
A person guilty of misbehavior in the presence of
or so near a court as to obstruct or interrupt the
proceedings before the same, including disrespect
toward the court, offensive personalities toward
others, or refusal to be sworn or to answer as a
witness, or to subscribe an affidavit or deposition
when lawfully required to do so, may be summarily
adjudged in contempt by such court and punished by
a fine not exceeding two thousand pesos or
imprisonment not exceeding ten (10) days, or both, if
it be a Regional Trial Court or a court of equivalent or
higher rank, or by a fine not exceeding two hundred
pesos or imprisonment not exceeding one
(1) day, or both, if it be a lower court. (1a)
Section 2. Remedy therefrom. The person
adjudged in direct contempt by any court may not
appeal therefrom, but may avail himself of the
remedies of certiorari or prohibition. The
execution of the judgment shall be suspended
pending resolution of such petition, provided
such person files a bond fixed by the court which
rendered the judgment and conditioned that he
will abide by and perform the judgment should
the petition be decided against him. (2a)
Section 3. Indirect contempt to be punished
after charge and hearing. After a charge in
writing has been filed, and an opportunity given
to the respondent to comment thereon within
such period as may be fixed by the court and
to be heard by himself or counsel, a person
guilty of any of the following acts may be
punished for indirect contempt;
problem areas in legal ethics
(a) Misbehavior of an officer of a court in
the performance of his official duties or in his
official transactions;
(b) Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including the
act of a person who, after being dispossessed or
ejected from any real property by the judgment or
process of any court of competent jurisdiction, enters
or attempts or induces another to enter into or upon
such real property, for the purpose of executing acts
of ownership or possession, or in any manner disturbs
the possession given to the person adjudged to be
entitled thereto;
(c) Any abuse of or any unlawful
interference with the processes or proceedings
of a court not constituting direct contempt
under section 1 of this Rule;
(d) Any improper conduct tending, directly
or indirectly, to impede, obstruct, or degrade
the administration of justice;
(e) Assuming to be an attorney or an officer
of a court, and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a
person or property in the custody of an officer by
virtue of an order or process of a court held by him.
But nothing in this section shall be so construed
as to prevent the court from issuing process to
bring the respondent into court, or from holding
him in custody pending such proceedings. (3a)
Section 4. How proceedings commenced.
Proceedings for indirect contempt may be initiated
motu propio by the court against which the
contempt was committed by an order or any other
formal charge requiring the respondent to show
cause why he should not be punished for contempt.
In all other cases, charges for indirect contempt shall
be commenced by a verified petition with supporting
particulars and certified true copies of documents or
papers involved therein, and upon full compliance
with the requirements for filing initiatory pleadings for
civil actions in the court concerned. If the contempt
charges arose out of or are related to a principal
action pending in the court, the petition for contempt
shall allege that fact but said petition shall be
docketed, heard and decided separately, unless the
court in its discretion orders the consolidation of the
contempt charge and the principal action for joint
hearing and decision. (n)
Section 5. Where charge to be filed. Where the
charge for indirect contempt has been committed
against a Regional Trial Court or a court of
equivalent or higher rank, or against an officer
appointed by it, the charge may be filed with such
court. Where such contempt has been committed
against a lower court, the charge may be filed with
the Regional Trial Court of the place in which the
lower court is sitting; but the proceedings may also
be instituted in such lower court subject to appeal
to the Regional Trial Court of such place in the
same manner as provided in section 11 of this
Rule. (4a; Bar Matter No. 803, 21 July 1998)
Section 6. Hearing; release on bail. If the hearing is
not ordered to be had forthwith, the respondent may
be released from custody upon filing a bond, in an
amount fixed by the court, for his appearance at the
hearing of the charge. On the day set therefor, the
court shall proceed to investigate the charge and
consider such comment, testimony or defense as the
respondent may make or offer. (5a)
Section 7. Punishment for indirect contempt. If the
respondent is adjudged guilty of indirect contempt
committed against a Regional Trial Court or a court of
equivalent or higher rank, he may be punished by a
fine not exceeding thirty thousand pesos or
imprisonment not exceeding six (6) months, or both. If
he is adjudged guilty of contempt
problem areas in legal ethics
committed against a lower court, he may be
punished by a fine not exceeding five thousand
pesos or imprisonment not exceeding one (1)
month, or both. If the contempt consists in the
violation of a writ of injunction, temporary
restraining order or status quo order, he may also
be ordered to make complete restitution to the party
injured by such violation of the property involved or
such amount as may be alleged and proved.
The writ of execution, as in ordinary civil
actions, shall issue for the enforcement of a
judgment imposing a fine unless the court
otherwise provides. (6a)
Section 8. Imprisonment until order obeyed.
When the contempt consists in the refusal or
omission to do an act which is yet in the power
of the respondent to perform, he may be
imprisoned by order of the court concerned
until he performs it. (7a)
Section 9. Proceeding when party released on bail
fails to answer. When a respondent released on
bail fails to appear on the day fixed for the hearing,
the court may issue another order of arrest or may
order the bond for his appearance to be forfeited
and confiscated, or both; and, if the bond be
proceeded against, the measure of damages shall
be the extent of the loss or injury sustained by the
aggrieved party by reason of the misconduct for
which the contempt charge was prosecuted, with
the costs of the proceedings, and such recovery
shall be for the benefit of the party injured. If there
is no aggrieved party, the bond shall be liable and
disposed of as in criminal cases. (8a)
Section 10. Court may release respondent.
The court which issued the order imprisoning a
person for contempt may discharge him from
imprisonment when it appears that public interest
will not be prejudiced by his release. (9a)
Section 11. Review of judgment or final order;
bond for stay. The judgment or final order of a
court in a case of indirect contempt may be problem areas in legal ethics
appealed to the proper court as in criminal
cases. But execution of the judgment or final
order shall not be suspended until a bond is
filed by the person adjudged in contempt, in an
amount fixed by the court from which the
appeal is taken, conditioned that if the appeal
be decided against him he will abide by and
perform the judgment or final order. (10a)

Section 12. Contempt against quasi-judicial

entities. Unless otherwise provided by law,
this Rule shall apply to contempt committed
against persons, entities, bodies or agencies
exercising quasi-judicial functions, or shall have
suppletory effect to such rules as they may have
adopted pursuant to authority granted to them by
law to punish for contempt. The Regional Trial
Court of the place wherein the contempt has
been committed shall have jurisdiction over such
charges as may be filed therefor. (n)