Q: What is legal ethics?
A: He is an experienced lawyer, usually a retired member of
A: It is a branch of moral science which treats of the duties
which an attorney owes to the court, to his client, to his
colleagues in the profession and to the public as embodied in
the Constitution, Rules of Court, the Code of Professional
Responsibilities, Canons of Professional Ethics, jurisprudence,
moral laws and special laws.
Q: What constitutes practice of law?
A: 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.
Q: Who is an amicus curiae?
A: An amicus curiae is an experienced and impartial attorney
invited by the court to appear and help in the disposition of
the 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 be wrong. Amicus curiae appears in
court not to represent any particular party but only to assist
the court
Q: What is assumpsit?
A: Literally means he has undertaken. It is an action for the
recovery of damages by reason of the breach or non-
performance of a simple contract, either express or implied,
or whether made orally or in writing. Assumpsit was the word
always used in pleadings by the plaintiff to set forth the
defendants undertaking or promise.
Q: Who is a counsel/attorney de officio?
A: A counsel/attorney de officio is an attorney appointed by
the court to defend an indigent defendant in a criminal
action.
The duty of a counsel de officio is to render effective service
and to exert his best efforts on behalf of an indigent accused.
He has a high duty to a poor litigant as to a paying client.
Q: Who is a counsel de parte?
A: Private counsel of a party, secured by him, without
intervention from the government.
Q: Who is an in-house or house counsel?
A: He is one who acts as attorney for business though carried
as an employee of that business and not as an independent
lawyer.
Q: Who is a lead counsel?
A: A lead counsel is a lawyer on either side of a litigated
action who is charged with the principal management and
direction of a partys case, as distinguished from his juniors or
subordinates.
Q: Who is an Of Counsel?
the judiciary, employed by law firms as consultants.
Q: What is pro se?
A: It is an appearance by a lawyer in his own behalf.
Q: Who is a trial lawyer?
A: A trial lawyer is one who personally handles cases in court,
administrative agencies or boards and engages in actual trial
work, either for the prosecution or for the defense of cases of
clients.
Q: Why is legal profession not considered as a business?
A: It is not a business because it is a:
1. Relation, as an officer of the court, to the administration
of justice involving thorough sincerity, integrity and reliability
2. Duty of public service
3. Relation to clients with the highest degree of fiduciary
4. Relation to the colleagues at the bar characterized by
candor, fairness, and unwillingness to resort to current
business methods of advertising and encroachment on their
practice, or dealing directly with their clients.
Q: Who may practice law?
A: Any person heretofore duly admitted as a member of the
bar, or hereafter admitted as such in accordance with the
provisions of the rule, and who is in good and regular
standing, is entitled to practice law.
Q: Enumerate the initial requirements for admission to the
bar.
A: Under Sections 2, 5 and 6 of Rule 138, the applicant must
be: (C21GRENAPOS)
1. Citizen of the Philippines;
2. At least 21 years of age;
3. Of Good moral character;
4. Resident of the Philippines;
5. Must produce before the SC satisfactory
Evidence of good moral character;
6. No charges against him, involving moral turpitude, have
been filed or are pending in any court in the Philippines (Sec.
2, Rule 138, RRC);
7. Must have complied with the Academic requirements;
8. Must Pass the bar examinations
9. Take the lawyers Oath; and
10. Sign the Roll of Attorneys.
1. LAW STUDENT PRACTICE
Law student practice rule A law student who has
successfully completed 3rd year of the regular four-year
prescribed law curriculum and is enrolled in a recognized law
school's clinical legal education program approved by the
Supreme Court, may appear without compensation in any
civil, criminal or administrative case before any trial court,
tribunal, board or officer, to represent indigent clients
accepted by the legal clinic of the law school (Sec. 1, Rule
138-A).
The appearance of the law student authorized by this rule,
shall be under the direct supervision and control of a member
of the Integrated Bar of the Philippines duly accredited by the
law school. Any and all pleadings, motions, briefs,
memoranda or other papers to be filed, must be signed by
the supervising attorney for and in behalf of the legal clinic.
(Sec. 2, Rule 138-A)
2. NON-LAWYERS IN COURT
a. Cases before the MTC: A party to the litigation, may
conduct his own case or litigation in person, with the aid of
an agent or friend appointed by him for that purpose
b. Before any other court, a party may conducthis litigation
personally. But if he gets someone to aid him, that someone
must be authorized member of the Bar
c. Criminal case before the MTC in a locality where a duly
licensed member of the Bar is not available, the judge may
appoint a nonlawyer who is a:
i. Resident of the province; AND
ii. Of good repute for probity and ability to aid the
accused in his defense;
d. Any official or other person appointed or designated to
appear for the Government of the Philippines in accordance
with law.
3. NON-LAWYERS IN ADMINISTRATIVE TRIBUNAL
a. Under the Labor Code, non-lawyers may appear before the
NLRC or any Labor Arbiter, if:
i. They represent themselves; OR
ii. They represent their organization or members thereof
iii. If they are duly accredited members of any legal aid office
duly recognized by the Department of Justice, or the
Integrated Bar of the Philippines in cases referred to by the
latter.
b. Under the Cadastral Act, a non-lawyer can represent a
claimant before the Cadastral Court.
4. PROCEEDINGS WHERE LAWYERS ARE PROHIBITED FROM
APPEARING
Q: What are the proceedings to which lawyers are prohibited
from appearing?
1. Proceedings before the Small Claims Court
2. Proceedings before the Katarungang Pambarangay
Q: What are the remedies against unauthorized practice of
law of lawyers? DICEDA
1. Declaratory relief;
2. Petition for Injuction;
3. Contempt of court;
4. Criminal complaint for Estafa against a person who falsely
represented himself to be an attorney to the damage of a
party;
5. Disqualification and complaints for disbarment; or
6. Administrative complaint against the erring lawyer or
government official.
Q. What are the remedies against unauthorized practice of
law of persons who are not lawyers?
1. Declaratory relief;
2. Petition for Injunction;
3. Contempt of court;
4. Criminal complaint for Estafa against a person who falsely
represented himself to be an attorney to the damage of a
party;
Q: Who are the public officials who cannot engage in the
private practice of law in the
Philippines?
A: JOPPCOMS
1. Judges and other officials as employees of the Supreme
Court.
2. Officials and employees of the OSG.
3. Government Prosecutors.
4. President, Vice-President, members of the cabinet, their
deputies and assistants.
5. Members of the Constitutional Commission.
6. Ombudsman and his deputies
7. All governors, city and municipal Mayors.
8. Those prohibited by Special law.
Q: Who are the public officials who are restricted from
engaging in the practice of law in the Philippines?
1. No Senator or member of the House of Representatives
may personally appear as counsel before any court.
2. Under the Local Government Code (Sec. 91, R.A. 7160,)
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.
Q: State the lawyers oath.
A: 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
I impose upon myself this voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
CANONS OF PROFESSIONAL. RESPONSIBILITY
Chapter 1. Lawyer and Society. Canons 1-6
1. Uphold the Constitution and obey the laws of the land and
legal processes
2. Make legal services available in an efficient and convenient
manner
3. Use of true, honest, fair, dignified and objective
information in making known legal services
4. Participate in the improvement of the legal system
5. Keep abreast of legal development and participate in
continuing legal education program and assist in
disseminating information regarding the law and
jurisprudence
6. Applicability of the CPR to lawyers in the government
service
Chapter 2. The lawyer and the legal profession. Canons 7-9
7. At all times uphold integrity and dignity of the profession
and support the activities of the IBP
8. Conduct himself with courtesy, fairness and candor toward
his colleagues and avoid harassing tactics against opposing
counsel
9. Not to directly or indirectly assist in the unauthorized
practice of law
Chapter 3. The lawyer and the courts. Canons 10-13
10. Owes candor, fairness and good faith to the court
11. Observe and maintain the respect due to the courts and
judicial officers and insist in similar conduct
12. Duty to assist in the speedy and efficient administration
of justice
13. Rely upon the merits of his cause, refrain from any
impropriety which tends to influence courts, or give the
appearance of influencing the courts
Chapter 4. The lawyer and the client. Canons 14-22
14. Not to refuse his services to the needy;
15. Observe candor, fairness and loyalty in all his dealings and
transactions with clients
16. Hold in trust all the moneys and property of his client that
may come to his possession
17. Owes fidelity to clients cause and be mindful of the trust
and confidence reposed in him
18. Serve client with competence and diligence
19. Represent client with zeal and within the bounds of law
20. Charge only fair and reasonable fees;
21. Preserve the confidence and secrets of client even after
the attorney-client relation is terminated
22. Withdraw services only for good cause and upon notice
CANON 1, CPR - A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE LAND, AND
PROMOTE RESPECT FOR LAW AND FOR LEGAL PROCESSES.
Rule 1.01, Canon 1, CPR: A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct.
Q: Define Unlawful Conduct.
A: It refers to a transgression of any provision of law which
need not be a penal law. The presence of evil intent on the
part of the lawyer is not essential in order to bring his act or
omission within the terms of this Rule.
Q: Define Dishonest Conduct.
A: Dishonest conduct refers to the disposition to lie, cheat,
deceive, defraud, or betray; be untrustworthy; lacking in
integrity, honesty, probity, integrity in principle, fairness and
straightforwardness.
Q: Define Gross Immoral Conduct.
A: Grossly immoral conduct is 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.
(abandonment of wife and cohabiting with another woman,
Bigamy perpetrated by the lawyer, Maintaining adulterous
relationship with a married woman, A deliberate failure to
pay just debts (electric bills, unpaid rentals and the issuance
of worthless checks)
Q: Define moral turpitude.
A: Moral turpitude imports an act of baseness, vileness or
depravity in the duties which one person owes to another or
to society in general which is contrary to the usual accepted
and customary rule of right and duty which a person should
follow. The question as to whether an offense involves moral
turpitude is for the Supreme Court to decide. (conviction of
estafa, bribery, murder/homicide, smuggling)
Rule 1.02, Canon 1, CPR 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, Canon 1, CPR A lawyer shall not, for any corrupt
motive or interest, encourage any suit or proceeding or
delay any mans cause.
(Aimed against the practice of barratry, stirring up
litigation and ambulance chasing)
Q: What is the difference between barratry and ambulance
chasing?
A: Barratry is an 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 is an 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)
Rule 1.04, Canon 1, CPR A lawyer shall encourage his
clients to avoid, end or settle a controversy if it will admit of
a fair settlement.
CANON 2, CPR - 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, Canon 2, CPR A lawyer shall not reject, except
for valid reasons, the cause of the defenseless or the
oppressed.
Rule 2.02, Canon 2, CPR In such cases, even if the lawyer
does not accept a case, he shall not refuse to render legal
advice to the person concerned if only to the extent
necessary to safeguard the latters rights.
Rule 2.03, Canon 2, CPR A lawyer shall not do or permit to
be done any act designated primarily to solicit legal business.
Q: Are advertisements of lawyers and law firms allowed in
Philippine jurisdiction?
A: GR: 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.
XPN:
1. Reputable Law lists
2. Simple announcement of the Existence of a lawyer or his
law firm posted anywhere
3. 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.
4. Advertisements or announcement in any Legal publication,
including books, journals, and legal magazines and in
telephone directories.
5. Listing in a phone Directory, but not under a designation of
a special branch of law.
A: 1. He owes it to himself to continue improving his
knowledge of the laws
2. He owes it to his profession to take an active interest in the
maintenance of high standards of legal education
3. He owes it to the lay public to make the law a part of their
social consciousness.
CANON 6, CPR -THESE CANONS SHALL APPLY TO LAWYERS
IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
TASKS
Rule 6.01, Canon 6, CPR The primary duty of a lawyer
engaged in public prosecution is not to convict but to see to
it that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is
cause for disciplinary action.

Rule 2.04, Canon 2,CPR A lawyer shall not charge rates Rule 6.02, Canon 6, CPR A lawyer in the government
lower than those customarily prescribed unless the service shall not use his public position to promote or
circumstances so warrant. advance his private interests, nor allow the latter to
interfere with his public duties.
CANON 3, CPR - A LAWYER IN MAKING KNOWN HIS LEGAL
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED
Rule 6.03, Canon 6, CPR A lawyer shall not, after leaving
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS 6*
government service, accept engagement or employment in
connection with any matter in which he had intervened
Rule 3.01, Canon 3, CPR A lawyer shall not use or permit
while in said service.
the use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim
CANON 7, CPR - A LAWYER SHALL AT ALL TIMES UPHOLD
regarding his qualifications or legal services.
THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION
AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
Rule 3.02, Canon 3, CPR In the choice of a firm name, no
false, misleading or assumed name shall be used. The
Rule 7.01, Canon 7, CPR A lawyer shall be answerable for
continued use of the name of a deceased partner is
knowingly making a false statement or suppressing a
permissible provided that the firm indicates in all its
material fact in connection with his application for
communications that said partner is deceased.
admission to the bar. 4*
Rule 3.03, Canon 3, CPR Where a partner accepts public
Rule 7.02, Canon 7, CPR A lawyer shall not support the
office, he shall withdraw from the firm and his name shall
application for admission to the bar of any person known by
be dropped from the firm name unless the law allows him to
him to be unqualified in respect to character, education or
practice law concurrently.
other relevant attribute.
Q: Is a Filipino lawyer allowed to practice under a name of a
Rule 7.03, Canon 7, CPR- A lawyer shall not engage in a
foreign law firm?
conduct that adversely reflects on his fitness to practice law,
nor shall he, whether in public or private life, behave in a
A: Filipino lawyers cannot practice law under the name of a
scandalous manner to the discredit of the legal profession.
foreign law firm, as the latter cannot practice law in the
Philippines and the use of a foreign law firm in the country is
CANON 8, CPR - A LAWYER SHALL CONDUCT HIMSELF WITH
unethical.
COURTESY, FAIRNESS AND CANDOR TOWARD HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID
Rule 3.04, Canon 3, CPR - A lawyer shall not pay or give
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal
Rule 8.01, Canon 8,CPR A lawyer shall not, in his
business.
professional dealings, use language which is abusive,
offensive or otherwise improper.
CANON 4, CPR - A LAWYER SHALL PARTICIPATE IN THE
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
Rule 8.02, Canon 8, CPR A lawyer shall not, directly or
SUPPORTING EFFORTS IN LAW REFORM AND IN THE
indirectly, encroach upon the professional employment of
ADMINISTRATION OF JUSTICE
another lawyer; however, it is the right of any lawyer,
without fear or favor, to give proper advice and assistance
CANON 5, CPR - A LAWYER SHALL KEEP ABREAST OF LEGAL
to those seeking relief against unfaithful or neglectful
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
counsel.5*
EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
CANON 9, CPR -A LAWYER SHALL NOT, DIRECTLY OR
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF
DISSEMINATING INFORMATION REGARDING THE LAW AND
LAW
JURISPRUDENCE
Rule 9.01, Canon 9, CPR A lawyer shall not delegate to any
Q: What is the three-fold obligation of a lawyer?
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, Canon 9, CPR A lawyer shall not divide or
stipulate to divide a fee for legal services with persons not
licensed to practice law.
CANON 10, CPR - 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;
Rule 10.02 A lawyer shall not knowingly misquote or
misrepresent the contents of the paper
Rule 10.03- A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends of justice.
CANON 11, CPR- A LAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
CANON 12, CPR - A LAWYER SHALL EXERT EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE
Rule 12.02, Canon 12, CPR A lawyer shall not file multiple
actions arising from the same cause.
CANON 13, CPR - 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.
Q: What is the nature of attorney-client relationship?
A: 1. Strictly personal Prohibits the delegation of work
without the clients consent.
2. Highly confidential
a. Communication made in the course of lawyers professional
employment; and
b. Communication intended to be confidential.
3. Fiduciary
a. Hold in trust all moneys and properties of his client that
may come into his possession;
b. When a lawyer enforces a charging lien against his client,
the relationship is terminated; and
c. An attorney cannot represent adverse interest unless the
parties consent to the representation after full disclosure of
facts.
CANON 14, CPR - A LAWYER SHALL NOT REFUSE HIS
SERVICES TO THE NEEDY.
Q: Does a lawyer have a right to decline employment?
A: GR: A lawyer is not obliged to act as legal counsel for any
person who may wish to
become his client. He has the right to decline employment.
XPN: 1. A lawyer shall not refuse his services to the needy;
2. He shall not decline to represent a person solely on
account of the latters race, sex, creed or status of life or
because of his own opinion regarding the guilt of said person
(Rule 14.01);
3. He shall not decline, except for serious and efficient cause
like:
a. If he is not in a position to carry out effectively or
competently;
b. If he labors under a conflict of interest between him and
the prospective client (Rule 14.03).
Rule 14.02, Canon 14, CPR A lawyer shall not decline,
except for serious and sufficient cause, an appointment as
counsel de officio or as amicus curiae, or a request from the
Integrated Bar of the Philippines or any of its chapters for
rendition of free legal aid. 9*
CANON 15, CPR - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENT.
Rule 15.02, Canon 15, CPR- A lawyer shall be bound by the
rule on privilege communication in respect of matters
disclosed to him by a prospective client.
Rule 15.01, Canon 15, CPR - 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. 14*
Q: What are the three tests to determine the existence of
conflicting interests?
A: 1. Conflicting Duties - When, on behalf of one client, it is
the attorneys duty to contest for that which his duty to
another client requires him to oppose or when possibility of
such situation will develop.
2. Invitation of Suspicion - Whether the acceptance of the
new relation will prevent a lawyer from the full discharge of
his duty of undivided fidelity and loyalty to his client or will
invite suspicion of unfaithfulness or double-dealing in the
performance thereof.
3. Use of Prior Knowledge Obtained - Whether a lawyer will
be called upon in his new relation to use against the first
client any knowledge acquired in the previous employment.
Q: What are the types of conflict of interest?
A: 1. Concurrent or multiple representations Generally
occurs when a lawyer represents clients whose objectives are
adverse to each other, no matter how slight or remote such
adverse interest may be.
2. Sequential or successive representation Involves
representation by a law firm of a present client who may
have an interest adverse to a prior or former client of the
firm.
Rule 15.03, Canon 15, CPR A lawyer shall not represent
conflicting interests except by written consent of all
concerned given after a full disclosure of the facts.
GR: An attorney cannot represent diverse interests. It is
highly improper to represent both sides of an issue. The
proscription against representation of conflicting interest
finds application where the conflicting interest arise with
respect to the same general matter and is applicable however
slight such adverse interest may be. It applies although the
attorneys intention and motives were honest and he acted in
good faith.
XPN: Representation of conflicting interest may be allowed
where the parties consent to the representation after full
disclosure of facts.
CANON 16, CPR - A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME
INTO HIS POSSESSION.
a. Fiduciary Relationship
b. No Co-Mingling of Funds
c. Delivery of Funds
d. No Borrowing or Lending to Client
CANON 17, CPR - A LAWYER OWES FIDELITY TO THE CAUSE
OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST
AND CONFIDENCE REPOSED IN HIM.
CANON 18, CPR A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE 5*
a. Who is a Collaborating Counsel?
A: Is one who is subsequently engaged to assist a lawyer
already handling a particular case for a client.
b. Negligence: Rule 18.03, Canon 18, CPR - A lawyer shall not
neglect a legal matter entrusted to him and his negligence in
connection therewith shall render him liable.
c. Duty to Appraise the Client: Rule 18.04, Canon 18, CPR - 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.
Q: What degree of diligence or vigilance is expected from a
lawyer?
A: The legal profession demands of a lawyer that degree of
vigilance and attention of a good father of a family or
ordinary pater familias. He is not required to exercise
extraordinary diligence.
CANON 19, CPR - A LAWYER SHALL REPRESENT HIS CLIENT
WITH ZEAL WITHIN THE BOUNDS OF THE LAW. 4*
a. Duty to Restrain Client from Impropriety
Rule 19.01, Canon 9, CPR 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, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper
advantage in any case or proceeding.
b. Duty of Lawyer in Case of Knowledge of Clients Fraud
Rule 19.02, Canon 19, CPR A lawyer who has received
information that his client has, in the course of the
representation, perpetrated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify the
same, and failing which he shall terminate the relationship
with such client in accordance with the Rules of Court.
CANON 20,CPR - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES 10*
Q: Who are entitled to attorneys fees?
A: GR: Only lawyers are entitled to attorneys fees. The same
cannot be shared with a nonlawyer. It is unethical.
XPN: A lawyer may divide a fee for legal services with persons
not licensed to practice law: CPR
1. A lawyer undertakes to Complete the unfinished legal
business of a deceased lawyer;
2. 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;
3. A lawyer or law firm includes non-lawyer employees in
Retirement plan, even if the plan is based, in whole or in part,
on a profit-sharing agreement.
Rule 20.01, Canon 20, CPR - A lawyer shall be guided by the
following factors in determining his fees:
a. The time spent and the extent of the service 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 service;
h. The contingency or certainty of compensation;
i. The character of the employment, whether occasional or
established; and
j. The professional standing of the lawyer.
Q: What are the kinds of payment which may be stipulated
upon?
A: 1. Fixed or absolute fee that which is payable regardless of
the result of the case. a. A fixed fee payable per appearance
b. A fixed fee computed upon the number of hours spent c. A
fixed fee based on piece work d. Combination of any of the
above
2. Contingent fee a fee that is conditioned on the securing of
a favorable judgment and recovery of money or property and
the amount of which may be on a percentage basis. 8*
Q: In the absence of a fee arrangement, how would the
services of an attorney be compensated?
A: In the absence of a fee arrangement, the lawyer is paid on
a quantum meruit basis. The factors to be taken into
consideration in determining the amount are: TINS
1. Time spent and the services rendered or required
2. Importance of subject matter
3. Novelty and difficulty of questions involved
4. Skill demanded of a lawyer
Q: What does quantum meruit mean?
A: Quantum meruit 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 when:
1. There is no express contract for payment of attorneys fees
agreed upon between the lawyer and the client;
2. Although there is a formal contract for attorneys fees, the
stipulated fees are found unconscionable or unreasonable by
the court;
3. The contract for attorneys fees is void due to purely formal
matters or defects of execution;
4. The counsel, for justifiable cause, was not able to finish the
case to its conclusion;
5. Lawyer and client disregard the contract for attorneys
fees; and
6. The client dismissed his counsel before the termination of
the case.
Q: What is a retainer?
A: It may refer to two concepts:
1. Act of a client by which he engages the services of an
attorney to render legal advice or to defend or prosecute his
cause in court; or
2. Fee which a client pays to the attorney.
Q: What is a contingency fee arrangement?
A: Contingent fee 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.
Q: What is a champertous contract?
A: It 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. It is void for being
against public policy. (Like gambling) 4*
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.
Q: Define an attorneys retaining lien.
A: A retaining lien is the right of an attorney to retain 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 funds to the satisfaction thereof. 5*
Q: Define an attorneys charging lien.
A: A charging lien is the right of a lawyer to the same extent
upon all judgments for the payment of money, and executions
issued in pursuance of such judgments 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
judgment, 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.
Q: What are the two concepts of attorneys fees?
A: 1. Ordinary attorney's fee The reasonable compensation
paid to a lawyer by his client for the legal services he has
rendered to the latter.
2. Extraordinary attorney's fee An indemnity for damages
ordered by the court to be paid by the losing party in
litigation.
Such award belongs to the client but parties may stipulate
that whatever may be awarded by the court as attorneys
fees will go directly to the lawyer.
CANON 21, CPR - A LAWYER SHALL PRESERVE THE
CONFIDENCES AND SECRETS OF HIS CLIENTS EVEN AFTER
THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Rule 21.01, Canon 21, CPR - 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.
CANON 22, CPR - A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE CIRCUMSTANCES 8*
Q: When is a lawyer allowed to withdraw his services?
A: A lawyer shall withdraw his services only for good cause
and upon notice appropriate in the circumstances.
GR: A lawyer lacks the unqualified right to withdraw once he
has taken a case. By his acceptance, he has impliedly
stipulated that he will prosecute the case to conclusion. This
is especially true when such withdrawal will work injustice to
a client or frustrate the ends of justice.
XPN: The right of a lawyer to retire from the case before its
final adjudication, which arises only from:
1. The clients written consent; or
2. By permission of the court after due notice and hearing.
Q: What are the instances when a lawyer may withdraw his
services without the consent of his client?
A: 1. When the client deliberately Fails to pay the fees for the
services or fails to comply with the retainer agreement;
2. When the client pursues an Illegal or immoral course of
conduct in connection with the matter he is handling;
3. When the lawyer finds out that he might be appearing for a
Conflicting interest;
4. When the Mental or physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively;
5. Other similar cases;
6. When the client insists that the lawyer pursue conduct in
Violation of these canons and rules;
7. When his Inability to work with co-counsel will not
promote the best interest of the client; and
8. When the lawyer is Elected or appointed to a public office.
a. Discharge of the Attorney by the Client
Q: Can a client discharge the services of his lawyer without a
cause?
A: Yes. A client has the right to discharge his attorney at any
time with or without a cause or even against his consent.
1. With just cause lawyer is not necessarily deprived of his
right to be paid for his services. He may only be deprived of
such right if the cause for his dismissal constitutes in itself a
sufficient legal obstacle to recovery.
2. Without just cause
a. No express written agreement as to fees- reasonable value
of his services up to the date of his dismissal (quantum
meruit).
b. There is written agreement and the fee stipulated is
absolute and reasonable full payment of compensation.
c. The fee stipulated is contingent.
d. If dismissed before the conclusion of the action-
reasonable value of his services (quantum meruit)
e. If contingency occurs or client prevents its occurrence full
amount.
b. Withdrawal by the Attorney
Rule 22.01, Canon 22, CPR - A lawyer may withdraw his
services in any of the following case:
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 the 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 public office;
and
g. Other similar cases.
A. NATURE AND CHARACTERISTICS OF DISCIPLINARY
ACTIONS AGAINST LAWYERS
Q: What is the rationale of disciplining errant lawyers?
A: Practice of law is not a natural or constitutional right, but it
is in the nature of a privilege franchise. Hence, the same may
be suspended or removed from the lawyer for reasons
provided in the rules, law and jurisprudence.
Q: What is the purpose of disciplining lawyers?
A: To ascertain that a lawyer still possesses those
qualifications which are conditions precedent for the
continuous practice of law and; to deter others from similar
misconduct, to protect the court and the public from the
misbehavior of its officers.
Q: What is the nature of the power to discipline?
A: The power to discipline a lawyer is JUDICIAL in nature and
can be exercised only by the courts. It cannot be defeated by
the legislative or executive departments.
Q: What are the forms of disciplinary measures?
1. Warning an act of putting one on his guard against an
impending danger, evil, consequence or penalty;
2. Admonition a gentle or friendly reproof, mild rebuke,
warning, reminder, or counseling on a fault, error or
oversight; an expression of authoritative advice;
3. Reprimand a public and formal censure or severe
reproof, administered to a person at fault by his superior
officer or the body to which he belongs;
4. Censure official reprimand;
5. Suspension temporary withholding of a lawyers right to
practice his profession as a lawyer for a certain period or for
an indefinite period of time: a. Definite; b. Indefinite
qualified disbarment; lawyer determines for himself how long
or how short his suspension shall last by proving to court that
he is once again fit to resume practice of law.
6. Disbarment it is the act of the Supreme Court of
withdrawing from an attorney the right to practice law. The
name of the lawyer is stricken out from the Roll of Attorneys.
7. Interim Suspension it is the temporary suspension of a
lawyer from the practice of law pending imposition of final
discipline;
Includes:
a. Suspension upon conviction of a serious crime;
b. Suspension when the lawyers continuing conduct is or is
likely to cause immediate and serious injury to a client or
public
8. Probation it is a sanction that allows a lawyer to practice
law under specified conditions.
GROUNDS
Q: What are the grounds for suspension and disbarment of
members of the bar under the Rules of Court?
A: The following are specific grounds for suspension or
disbarment of a lawyer: a. Deceit;
b. Malpractice;
c. Grossly immoral conduct
d. Conviction of a crime involving moral turpitude;
e. Violation of oath of office;
f. Willful disobedience of any lawful order of a superior court
g. Corrupt or willful appearance as an attorney for a party to
a case without authority to do so.
Q: what are the specific grounds that may constitute
violation of the lawyers oath?
A: The specific grounds that would constitute violation of the
lawyers oath are:
1. Commission of falsehood
2. Instituting baseless or unfounded complaints
3. Engaging in dilatory actions for an ulterior motive
4. Malpractice or reprehensible conduct in dealing with the
court of his client.
DISBARMENT PROCEEDINGS
Q: What are the characteristics of disbarment proceedings?
A: 1. Sui Generis
a. Neither purely civil nor purely criminal, they do not involve
a trial of an action or a suit, but are rather investigations by
the Court into the conduct of one of its officers.
b. Not a civil action because there is neither plaintiff nor
respondent, and involves no private interest. The
complainant is not a party and has no interest in the outcome
except as all citizens have in the proper administration of
justice. There is no redress for private grievance.
c. Not a criminal prosecution because it is not meant as a
punishment depriving him of source of livelihood but rather
to ensure that those who exercise the function should be
competent, honorable and reliable so that the public may
repose confidence in them.
Q: What is the three-fold purpose of confidentiality of
disbarment proceedings?
A: 1. To enable the court to make its investigation free from
extraneous influence or interference;
2. To protect the personal and professional reputation of
attorneys from baseless charges of disgruntled, vindictive and
irresponsible persons or clients by prohibiting publication of
such charges pending their final resolution
3. To deter the press from publishing charges or proceedings
based thereon for even a verbatim reproduction of the
complaint against an attorney in the newspaper may be
actionable.
Q: What are the offices authorized to investigate
disbarment cases?
A: 1. Supreme Court;
2. IBP through its Commission on Bar Discipline or authorized
investigator; and
3. Office of the Solicitor General.
Q: Who has the burden of proof?
A: The burden of proof is upon the complainant and the SC
will exercise its disciplinary power only if the complainant
establishes his case by the required quantum of proof which
is clear, convincing and satisfactory evidence.
Q: Is the doctrine of res ipsa loquitur (the thing speaks for
itself) applicable in cases of dismissal of judges or
disbarment of lawyers?
A: Yes. This principle or doctrine applies to both judges and
lawyers. Judges had been dismissed from the service without
need of a formal investigation because based on the records,
the gross misconduct or inefficiency of judges clearly appears.
Q: What is the effect in the Philippines of the disbarment or
suspension of a Filipino lawyer in a foreign country?
A: If the Filipino lawyer is disbarred or suspended from the
practice of law by a competent court or disciplinary agency in
a foreign jurisdiction where he has been admitted as an
attorney, and a ground therefor includes any of the acts
enumerated in Section 27, Rule 138 of the RRC, such
disbarment or suspension is a ground for his disbarment or
suspension in the Philippines.
Q: Is a lawyer suspended from the practice of law in another
country automatically results in his suspension or
disbarment in the Philippines?
A: No. The acts which led to his suspension in another
country, are mere grounds for disbarment or suspension in
this jurisdiction, and only if the basis of the foreign courts
action includes any of the grounds for disbarment or
suspension in this jurisdiction.
READMISSION TO THE BAR
Q: What is reinstatement?
A: It is the restoration in disbarment proceedings to a
disbarred lawyer the privilege to practice law.
Note: The power of the Supreme Court to reinstate is based
on its constitutional prerogative to promulgate rules on the
admission of applicants to the practice of law. (Sec. 5[5], Art.
VIII, 1987 Constitution)
Q: What are the conditions in reinstatement?
A: The applicant must, like a candidate for admission to the
Bar, satisfy the Court that he is a person of good moral
character a fit and proper person to practice law.
A. READMISSION TO THE BAR OF LAWYERS WHO HAVE
BEEN SUSPENDED
Q: Is the lifting of the suspension order automatic?
A: No. The lifting of a lawyers suspension is not automatic
upon the end of the period stated in the Courts decision, and
an order from the Court lifting the suspension at the end of
the period is necessary in order to enable [him] to resume the
practice of his profession.
B. READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN
DISBARRED
Q: What must the Supreme Court take into consideration in
reinstatement?
A: 1. The applicants character and standing prior to the
disbarment;
2. The nature and character of the charge for which he was
disbarred;
3. His conduct subsequent to the disbarment, and the time
that has elapsed between the disbarment and the application
for reinstatement;
4. His efficient government service;
5. Applicants appreciation of the significance of his
dereliction and his assurance that he now possesses the
requisite probity and integrity; and
6. Favorable endorsement of the IBP and pleas of his loved
ones.
Q: Is a disbarred lawyer by reason of conviction of a crime
automatically reinstated to the practice of law upon being
pardoned by the President?
A: No. To be reinstated, there is still a need for the filing of
an appropriate petition with the Supreme Court.
C. READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN
REPATRIATED
Q: What are the effects of loss and reacquisition of
Philippine citizenship?
A: The loss of Philippine citizenship ipso jure terminates the
privilege to practice law in the Philippines.
However, pursuant to R.A. No. 9225 of the Citizenship
Retention and Reacquisition Act of 2003, Filipino lawyer who
becomes a citizen of another country is deemed never to
have lost his Philippine citizenship IF HE REACQUIRES IT IN
ACCORDANCE WITH R.A. NO. 9225. Nevertheless, his right to
practice law DOES NOT AUTOMATICALLY ACCRUE. He must
first secure authority from the Supreme Court upon
compliance with the following conditions:
1. The updating and payment in full of annual membership
dues in the IBP;
2. Payment of professional tax;
3. Completion of at least 36 credit hours of mandatory
continuing legal educations; and
4. Retaking of the lawyers oath
MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
Q: What is the purpose of Bar Matter 850 MCLE?
A: MCLE is required of members of the 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. 5*
Q: What are the requirements of completion of MCLE?
A: Requirements of completion of MCLE: Members of the IBP,
unless exempted under Rule 7, shall complete every 3 years
at least 36 hours of continuing legal education activities.
Q: What are the classes of credits?
A: 1. Participatory credit Attending approved education
activities like seminars, conventions, symposia, and the like;
speaking or lecturing, or assigned as panelist, reactor, or
commentator, etc. in approved education activities; teaching
in law school or lecturing in bar review classes.

2. Non-participatory Preparing, as author or co-author,
written materials (article, book or book review) which
contribute to the legal education of the author member,
which were not prepared in the ordinary course of his
practice or employment; editing a law book, law journal or
legal newsletter.
Q: What constitutes non-compliance of MCLE?
A: 1. Failure to complete education requirement within the
compliance period;
2. Failure to provide attestation of compliance or exemption;
3. Failure to provide satisfactory evidence of compliance
(including evidence of exempt status) within the prescribed
period;
4. Failure to satisfy the education requirement and furnish
evidence of such compliance within 60 days from receipt of
non-compliance notice;
5. Failure to pay non-compliance fee within the prescribed
period; or
6. Any other act or omission analogous to any of the
foregoing or intended to circumvent or evade compliance
with the MCLE requirements.
Q: Who are the persons exempted from the MCLE?
A: 1. The President, Vice-President and the Secretaries and
Undersecretaries of Executive Departments;
2. Senators and Members of the House of Representatives;
3. The Chief Justice and Associate Justices of the Supreme
Court, incumbent and retired members of the judiciary,
incumbent members of Judicial Bar Council, incumbent
members of the MCLE Committee, incumbent court lawyers
who have availed of the Philippine Judicial Academy
programs of continuing judicial education;
4. The Chief State Counsel, Chief State Prosecutor and
Assistant Secretaries of the Dept. of Justice;
5. The Solicitor General and the Assistant Solicitor General;
6. The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel;
7. The Chairman and Members of the Constitutional
Commissions;
8. The Ombudsman, the Overall Deputy Ombudsman, the
Deputy Ombudsmen and the Special Prosecutor of the Office
of the Ombudsman;
9. Heads of government agencies exercising quasi-judicial
functions;
10. Incumbent deans, bar reviewers and professors of law
who have teaching experience for at least 10 years in
accredited law schools;
11. The Chancellor, Vice-Chancellor and members of the
Corps of Professional and Professorial Lecturers of the
Philippine Judicial Academy; and
12. Governors and Mayors.
Q: What are the consequences of noncompliance?
A: A member who fails to comply with the requirements after
the 60-day period shall be listed as delinquent member by
the IBP Board of Governors upon recommendation of the
Committee on MCLE.
Q: What is the rule on Mandatory Legal Aid Service?
A: The mandatory Legal Aid Service mandates every
practicing lawyer to render a minimum of 60 hours of free
legal aid services to indigent litigants yearly.
Q: What is the purpose of the rule?
A: The rule seeks to enhance the duty of lawyers to society as
agents of social change and to the courts as officers thereof
by helping improve access to justice by the less privileged
members of society and expedite the resolution of cases
involving them. Mandatory free legal service by members of
the bar and their active support thereof will aid the efficient
and effective administration of justice especially in cases
involving indigent and pauper litigants.
Q: What credits should be given to a lawyer who renders
mandatory legal aid service?
A: A lawyer who renders mandatory legal aid service for the
required number of hours in a year for the three year-period
covered by a compliance period under the Rules on MCLE
shall be credited.
NOTARIAL PRACTICE
Q: Who is a notary public?
A: A person appointed by the court whose duty is to attest to
the genuineness of any deed or writing in order to render
them available as evidence of facts stated therein and who is
authorized by the statute to administer various oaths.
Q. What must one possess to qualify as a notary public?
A: To be eligible for commissioning as notary public, the
petitioner must be:
1. A citizen of the Philippines;
2. Over 21 years of age;
3. A resident in the Philippines for at least 1 year and
maintains a regular place of work or business in the city or
province where the commission is to be issued;
4. A member of the Philippine Bar in good standing with
clearances from the Office of the Bar Confidant of the
Supreme Court and the Integrated Bar of the Philippines; and
5. Has not been convicted in the first instance of any crime
involving moral turpitude.
Q: Is the authority of MTC judges to notarize limited to their
sala?
A: Yes. Their authority to notarize is limited to their sala.
Q: Can a judge of another town notarize the complaint to be
filed in another town?
A: No. It is considered as a practice of law.
Q: Can a clerk of court notarize a document?
A: Yes. A clerk of court can notarize a document provided he
is commissioned and has been permitted by his superior.
Such consent is necessary because the act of notarizing a
document is a practice of law.
Q: What is the term of office of a notary public?
A: A notary public may perform notarial acts for a period of 2
years commencing the 1st day of January of the year in which
the commissioning is made, unless earlier revoked or the
notary public has resigned under the Rules on Notarial
Practice and the Rules of Court.
Q: What are the powers of a notary public?
A: A notary public is empowered to perform the following
notarial acts:
1. Acknowledgements;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessings;
5. Copy certifications; and
6. Any other act authorized by these rules
Acknowledgement vs jurat
ACKNOWLEDGMENT
Act of one who has executed
a deed, in going to some
competent officer or court
and declaring it to be his act
or deed.
The notary public or officer
taking the acknowledgement
shall certify that the person
acknowledging the
instrument or document is
known to him and he is the
same person who executed it
and acknowledged that the
same is his free act and deed.
Two-fold purpose: to
authorize the deed to be
given in evidence without
further proof of its execution,
and, to entitle it to be
recorded.
Where used:
1. To authenticate an
agreement between two or
more persons; or
2. Where the document
contains a disposition of
property.
JURAT
That part of an affidavit in
which the notary public or
officer certifies that the
instrument was sworn to
before him.
It is not part of a pleading but
merely evidences the fact
that the affidavit was
properly made.
Purpose: Gives the document
a legal character.
Where used:
1. Affidavits;
2. certifications;
3. Whenever the person
executing makes a statement
of facts or attests to the truth
of an event, under oath.
A: a. Passport, b. Drivers license, c. Professional Regulation
Commission ID, d. National Bureau of Investigation
clearance, e. Police clearance, f. Postal ID, g. Voters ID
Q: Is a community tax certificate still a competent evidence
of identity?
A: No. A notary public can no longer accept a cedula or a
community tax certificate (CTC), the successor document to
the residence certificate originally required by the Notarial
Law as proof of identity.
Q: Who can revoke a notarial commission?
A: The notarial commission may be revoked by
1. The Executive Judge of the RTC who issued the commission
on any ground on which an application for commission may
be denied or;
2. By the Supreme Court itself in the exercise of its general
supervisory powers over lawyer.
Q: What are the grounds for revocation of notarial
commission?
A: The executive Judge shall revoke a notarial commission for
any ground on which an application for a commission may be
denied.
In addition, the Executive Judge may revoke the commission
of, or impose appropriate administrative sanctions upon, any
notary public who:

Q: What is a Notarial Register? 1. Fails to keep a notarial register;

A: It refers to a permanently bound book with numbered
pages containing a chronological record of notarial acts
performed by a notary public.
Q: What is the jurisdiction of a notary public?
A: A notary public may perform notarial acts in any place
within the territorial jurisdiction of the commissioning court.
Q: Can a notary public perform a notarial act outside his
jurisdiction and his regular place of work or business?
A: GR: A notary public shall not perform a notarial act outside
his jurisdiction and his regular place of work or business.
XPN: A notarial act may be performed at the request of the
parties in the following sites, other than his regular place of
work or business, located within his territorial jurisdiction:
1. Public offices, convention halls, and other appropriate
public places for the purpose of administering oaths of office;
2. Fails to make the proper entry or entries in his notarial
register concerning his notarial acts;
3. Fails to send the copy of the entries to the Executive Judge
within the first ten (10) days of the month following;
4. Fails to affix to acknowledgments the date of expiration of
his commission;
5. Fails to submit his notarial register, when filled, to the
Executive Judge;
6. Fails to make his report, within a reasonable time, to the
Executive Judge concerning the performance of his duties, as
may be required by the judge;
7. Fails to require the presence of a principal at the time of
the notarial act
THE NEW CODE OF JUDICIAL CONDUCT. FOR THE PHILIPPINE
JUDICIARY
CANON 1, NCJC-INDEPENDENCE

2. At the request of the parties, public function areas in hotels
and other appropriate places for the signing of the contracts,
deeds, and other documents requiring notarization;
3. Residence of any party of a contract, deed, or other
document requiring notarization;
4. Hospitals and other medical institutions where a party to a
contract is confined for treatment;
5. Any place where for legal reason a party to a contract,
deed, or other document requiring notarization may be
confined, (Ibid.) and;
6. Such other places as may be dictated because of
emergency
Q: What is competent evidence of identity?
JUDICIAL INDEPENDENCE IS A PRE-REQUISITE TO THE RULE
OF LAW AND A FUNDAMENTAL GUARANTEE OF A FAIR
TRIAL. A JUDGE SHALL, THEREFORE, UPHOLD AND
EXEMPLIFY JUDICIAL INDEPENDENCE IN BOTH ITS
INDIVIDUAL AND INSTITUTIONAL ASPECTS.
Section 1, Canon 1, NCJC: Judges shall exercise the judicial
function independently on the basis of their assessment of
the facts and in accordance with a conscientious
understanding of the law, free of any extraneous influence,
inducement, pressure, threat or interference, direct or
indirect, from any quarter or for any reason.
Judges must reject pressure by maintaining independence
from, but not limited to the following:
1. Independence from public officials the public laid their
confidence on the fact that the official is mentally and
morally fit to pass upon the merits of their varied intentions.

2. Independence from government as a whole avoid
inappropriate connections, as well as any situation that
would give rise to the impression of the existence of such
inappropriate connections.
3. Independence from family, social, or other relationships
Do not sit in litigation where a near relative is a part of or
counsel; be independent from judicial colleagues (Sec. 2) and
avoid such actions as may reasonably tend to wake the
suspicion that his social or business relations constitute an
element in determining his judicial course.
4. Independence from public opinion only guide is the
mandate of law.
Sec. 2, Canon 1, NCJC: In performing judicial duties, Judges
shall be independent from judicial colleagues in respect of
decisions which the judge is obliged to make independently.
Sec. 3, Canon 1, NCJC: Judges shall refrain from influencing
in any manner the outcome of litigation or dispute pending
before another court or administrative agency. (Principle of
Sub-judice)
Note: 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.
Q: Who are good judges?
A: Good judges are described as those who:
1. Have the mastery of the principles of law
2. Discharge their duties in accordance with law,
3. Are permitted to perform the duties of the office
undeterred by outside influence, and
4. Are independent and self-respecting human units in a
judicial system equal and coordinate with the other two
departments of the government
CANON 2, NCJC- INTEGRITY
INTEGRITY IS ESSENTIAL NOT ONLY TO THE PROPER
DISCHARGE OF THE JUDICIAL OFFICE, BUT ALSO TO THE
PERSONAL DEMEANOR OF JUDGES.
CANON 3, NCJC -IMPARTIALITY
IMPARTIALITY IS ESSENTIAL TO THE PROPER DISCHARGE OF
THE JUDICIAL OFFICE. IT APPLIES NOT ONLY TO THE
DECISION ITSELF BUT ALSO TO THE PROCESS BY WHICH THE
DECISION IS MADE.
Q: What is inhibition?
A: An act when a judge personally prevents himself from
taking cognizance of the case. This is made through a written
petition to inhibit which shall state the grounds for the same.
The explanation of the judge whether or not to take
cognizance of the case must also be in writing.
Q: When may a judge voluntarily inhibit himself?
A: The judge may in his discretion inhibit himself, for just and
valid reasons other than the grounds for mandatory
disqualification. The rule on voluntary disqualification or
inhibition is discretionary upon the judge on the basis of his
conscience
CANON 4, NCJC- PROPRIETY
PROPRIETY AND THE APPEARANCE OF PROPRIETY ARE
ESSENTIAL TO THE PERFORMANCE OF ALL THE ACTIVITIES
OF A JUDGE.
Sec. 1, Canon 4, NCJC: Judges shall avoid impropriety and
the appearance of impropriety in all of their activities.
Sec. 3, Canon 4, NCJC: Judges shall, in their personal
relations with individual members of the legal profession
who practice regularly in their court, avoid situations which
might reasonably give rise to the suspicion or appearance of
favoritism or partiality.
Q: What is the reason for this rule?
A: This section is directed at bolstering the principle of cold
neutrality of an impartial judge as it requires judges to
scrupulously guard against any act that may be construed as
an expression of bias in favor of a litigant.
Sec. 4, Canon 4, NCJC: Judges shall not participate in the
determination of a case in which any member of their family
represents a litigant or is associated in any manner with the
case
Sec. 5, Canon 4, NCJC: Judges shall not allow the use of their
residence by a member of the legal profession to receive
clients of the latter or of other members of the legal
profession.
Sec. 10, Canon 4, NCJC: Subject to the proper performance
of judicial duties, judges may:
1. Write, lecture, teach and participate in activities
concerning the law, the legal system, the administration of
justice or related matter;
2. Appear at a public hearing before an official body
concerned with matters relating to the law, the legal
system, the administration of justice or related matters;
3. Engage in other activities if such activities do not detract
from the dignity of the judicial office or otherwise interfere
with the performance of judicial duties.
Sec. 11, Canon 4, NCJC: Judges shall not practice law whilst
the holder of judicial office.
Sec. 13, Canon 4, NCJC: Judges and members of their
families shall neither ask for nor accept, any gift, bequest,
loan or favor in relation to anything done or to be done or
omitted to be done by him or her in connection with the
performance of judicial duties.
Sec. 14, Canon 4, NCJC: Judges shall not knowingly permit
court staff or others subject to their influence, direction or
authority, to ask for, or accept, any gift, bequest, loan or
favor in relation to anything done, to be done or omitted to
be done in connection with their duties or functions.
Exception:
Sec. 15, Canon 4, NCJC: Subject to law and to any legal
requirements of public disclosure, judges may receive a
token gift, award or benefit as appropriate to the occasion
on which it is made, provided that such gift, award or
benefit might not reasonably be perceived as intended to
influence the judge in the performance of official duties or
otherwise give rise to an appearance of partiality
CANON 5,NCJC-EQUALITY
ENSURING EQUALITY OF TREATMENT TO ALL BEFORE THE
COURTS IS ESSENTIAL TO THE DUE PERFORMANCE OF THE
JUDICIAL OFFICE

CANON 6, NCJC-COMPETENCE AND DILIGENCE

COMPETENCE AND DILIGENCE ARE PREREQUISITES TO THE

DUE PERFORMANCE OF JUDICIAL OFFICE.

DISCIPLINE OF MEMBERS OF THE JUDICIARY

Q: Who has the power to discipline members of the bench?

A: 1. The Supreme Court has exclusive administrative
supervision over all courts and its personnel. (Section 6, Art.
VIII, 1986 Constitution)
2. The Court en banc has the power to discipline all judges of
lower courts including justices of the Court of Appeals.

Supreme Court Justices through impeachment

Q. What are the grounds for discipline of judges?

A. 1. Serious Misconduct implies malice or wrongful intent,
not mere error of judgment.
2. Inefficiency implies negligence, incompetence, ignorance
and carelessness.

Q: What is the quantum of evidence required for the

removal of a judicial officer?
A: The ground for removal of a judicial officer should be
established beyond reasonable doubt. Such is the rule where
the charge on which the removal is sought is misconduct in
office, willful neglect, corruption or incompetence. The
general rules in regard to admissibility of evidence in criminal
trials apply.

Q: What are the sanctions if the judge is found guilty of a

serious charge?

A: Any of the following sanctions may be imposed:

1. Dismissal from the service, forfeiture of all or part of the

benefits as the Court may determine, and disqualification
from reinstatement or appointment to any public office,
including government owned or controlled corporations.
Provided, however, that the forfeiture of benefits shall in no
case include accrued leave credits
2. Suspension from office without salary and other benefits
for more than three (3) but not exceeding six (6) months
3. Fine