Problem Areas in Legal Ethics

Ateneo de Zamboanga University College of Law

2nd Semester SY 2017-2018

Fr. Ismael Jose III V. Chan-Gonzaga, SJ, JD

MODULE ONE [February 10, 2018]

PART 1. UNDERSTANDNG THE COURSE

Course Description:
A course that focuses on the canons of legal ethics involving the duties and responsibilities of the lawyer with
respect to the client, the court, the bar and the public.

Grade System:

Recitation/Quizzes/Papers 30%
Midterms 30%
Finals 40%

House Rules

PART 2. UNDERSTANDING LEGAL ETHICS IN CONTEXT

A. Learning Objectives
 To understand the Filipino personality and psyche;
 To understand the interplay between Filipino culture and legal ethics;
 To understand how changes in the legal profession are affecting legal ethics.

B. Readings

(1) The Practice of Law and the Changing Legal Profession

 Timothy W. Floyd (1998), The Practice of law as a Vocation or Calling.
http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=3448&context=flr

 Patrick J. Schiltz (1999), On Being a Hapy, Healthy, and Ethical Member of an Unhappy, Unhealthy,
and Unethical Profession.
http://faculty.law.miami.edu/mcoombs/Schlitz.htm

 Roderick O’Brien, “Ethical Numbness: Some Glimpses of Lawyers Across Asia and the South Pacific,”
Journal of International Business Ethics, Vol. 5, No. 1 (2012)

Questions to ponder: How is the legal profession changing? What possible effects will these changes have on
the values and ethics of the profession?

C. Assignment

Discuss and analyse Case Studies 1 and 2. Be prepared to share your analysis and insights in class.

PART 3. THE ROLES AND RESPONSIBILITIES OF THE LAWYERS

A. Learning objectives
 To acquire an overview of the roles and responsibilities of lawyers;
 To understand the common broad themes and values that permeate domestic and international systems
of legal ethics.

Page 1 of 27
B. Readings
 Letter of Sen. Jose W. Diokno to his eldest son, Jose Ramon I. Diokno dated October 23, 1971.
Available at: http://abogadoparasabayan.blogspot.com/2005/05/

 Justice Pompeyo Diaz (1981), Passion for Justice, 27 Ateneo Law Journal 81 (1983).
http://www.mostlawfirm.net/resources/insights/passion-for-justice/

 The Lawyer’s Oath, by Court of Appeals Associate Justice J. Jose L. Sabio, Jr.,
http://ca.judiciary.gov.ph/index.php?action=mnuactual_contents&ap=j8080

 The Lawyer’s Oath- Read, understand, and memorize the Lawyer’s Oath. Commit it to heart.

I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic
of the Philippines; I will support its Constitution and obey 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 court;
I will not wittingly nor 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 this voluntary obligations without any
mental reservation or purpose of evasion. So help me God.

 The Code of Professional Responsibility

 Rules of Court, Rule 138, Sec. 20 (Duties of attorneys)

It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law.

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seek to mislead the judge or any judicial officer
by an artifice or false statement of fact or law;

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of
his client, and to accept no compensation in connection with his client's business except from
him or with his knowledge and approval;

(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;

(g) Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by due process of law.

 UN Basic Principles on the Role of Lawyers:

http://www.ohchr.org/EN/ProfessionalInterest/Pages/RoleofLawyers.aspx

PART 4. THE PRACTICE OF LAW AND REGULATION OF THE LEGAL PROFESSION

Page 2 of 27
A. Learning Objectives
 To know how the State regulates the legal profession and entry into the practice of law;
 To know the requirements for admission to the practice of law;
 To understand the importance of the good moral character requirement to the practice of law; and
 To be able to identify kinds of behaviour that fall outside the scope of good moral character.

B. Reading

(1) Supervision and control over the legal profession

 Supreme Court: Art. VIII, Sec. 5(5), 1987 Constitution

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance
to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase,
or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.

 Congress: Art. XII, Sec. 14 (2), 1987 Constitution

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by
law.

 In re Cunanan, 94 Phil. 534 (1954)

In the judicial system from which ours has been evolved, the admission, suspension,
disbarment and reinstatement of attorneys-at-law in the practice of the profession and their
supervision have been indisputably a judicial function and responsibility. Because of this
attribute, its continuous and zealous possession and exercise by the judicial power have
been demonstrated during more than six centuries, which certainly "constitutes the most
solid of titles."

 In the Matter of the Integration of the Bar of the Philippines, Supreme Court Resolution dated
January 9, 1973.
Article VIII, Sec. 13 of the Constitution, "to promulgate rules concerning pleading, practice, and procedure in
all courts, and the admission to the practice of law." Indeed, the power to integrate is an inherent part of the
Court's constitutional authority over the Bar. 3 fundamental issues

(2) The practice of law and the roles that lawyers play in society
 Cayetano v. Monsod, G.R. No. 10013, September 3, 1991
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.”

 Revisit discussion in Part 2 of syllabus.

(3) Requirements for admission to the practice of law

(a) Legal Education

 Pre-Law: Rules of Court, Rule 138, Sec. 6

No applicant for admission to the bar examination shall be admitted unless he presents a certificate that
he has satisfied the Secretary of Education that, before he began the study of law, he had pursued and
satisfactorily completed in an authorized and recognized university or college, requiring for admission
thereto the completion of a four-year high school course, the course of study prescribed therein for a
bachelor's degree in arts or sciences with any of the following subjects as major or field of

Page 3 of 27
 concentration: political science, logic, english, spanish, history and economics.

 Law Proper: Rules of Court, Rule 138, Sec. 5

All applicants for admission other than those referred to in the two preceding section shall, before being
admitted to the examination, satisfactorily show that they have regularly studied law for four years, and
successfully completed all prescribed courses, in a law school or university, officially approved and
recognized by the Secretary of Education. The affidavit of the candidate, accompanied by a certificate
from the university or school of law, shall be filed as evidence of such facts, and further evidence may
be required by the court.

No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following
courses in a law school or university duly recognized by the government: civil law, commercial law, remedial
law, criminal law, public and private international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.

 Republic Act No. 7662 (1993)- Legal Education Reform Act

REPUBLIC ACT NO. 7662

AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE
PURPOSE, A LEGAL EDUCATION BOARD AND FOR OTHER PURPOSES.

Section 1. Title. - This Act shall be known as the "Legal Education Reform Act of 1993."

Section 2. Declaration of Policies. - It is hereby declared the policy of the State to uplift the standards of
legal education in order to prepare law students for advocacy, counselling, problem-solving, and
decision-making, to infuse in them the ethics of the legal profession; to impress on them the importance,
nobility and dignity of the legal profession as an equal and indispensable partner of the Bench in the
administration of justice and to develop social competence.

Towards this end, the State shall undertake appropriate reforms in the legal education system, require
proper selection of law students, maintain quality among law schools, and require legal apprenticeship
and continuing legal education.

Section 3. General and Specific Objective of Legal Education. - (a) Legal education in the Philippines is
geared to attain the following objectives:

(1) to prepare students for the practice of law;

(2) to increase awareness among members of the legal profession of the needs of the poor, deprived and
oppressed sectors of society;

(3) to train persons for leadership;

(4) to contribute towards the promotion and advancement of justice and the improvement of its
administration, the legal system and legal institutions in the light of the historical and contemporary
development of law in the Philippines and in other countries.

(b) Legal education shall aim to accomplish the following specific objectives:

(1) to impart among law students a broad knowledge of law and its various fields and of legal
institutions;

(2) to enhance their legal research abilities to enable them to analyze, articulate and apply the law
effectively, as well as to allowthem to have a holistic approach to legal problems and issues;

(3) to prepare law students for advocacy, counselling, problem-solving and decision-making, and to

Page 4 of 27
develop their ability to deal with recognized legal problems of the present and the future;

(4) to develop competence in any field of law as is necessary for gainful employment or sufficient as a
foundation for future training beyond the basic professional degree, and to develop in them the desire
and capacity for continuing study and self-improvement;

(5) to inculcate in them the ethics and responsibilities of the legal profession; and

(6) to produce lawyers who conscientiously pursue the lofty goals of their profession and to fully adhere
to its ethical norms.

Section 4. Legal Education Board; Creation and Composition. - To carry out the purpose of this Act,
there is hereby created the Legal Education Board, hereinafter referred to as the Board, attached solely
for budgetary purposes and administrative support to the Department of Education, Culture and Sports.

The Board shall be composed of a Chairman, who shall preferably be a former justice of the Supreme
Court or Court of Appeals, and the following as regular members: a representative of the Integrated
Bar of the Philippines (IBP); a representative of the Philippine Association of Law Schools (PALS); a
representative from the ranks of active law practitioners; and, a representative from the law students'
sector. The Secretary of the Department of Education, Culture and Sports, or his representative, shall
be an ex officio member of the Board.

With the exception of the representative of the law students' sector, the Chairman and regular members
of the Board must be 1.) natural-born citizen of the Philippines and 2.) members of the Philippine Bar,
who have been engaged for at least ten (10) years in the practice of law, as well as in the teaching of law
in a duly authorized or recognized law school.

Section 5. Term of Office; Compensation. - The Chairman and regular members of the Board shall be
appointed by the President for a term of five (5) years without reappointment from a list of at least
three (3) nominees prepared, with prior authorization from the Supreme Court, by the Judicial and Bar
Council, for every position or vacancy, and no such appointment shall need confirmation by the
Commission on Appointments. Of those first appointed, the Chairman and the representative of the IBP
shall hold office for five (5) years, the representatives of the PALS and the PALP, for three (3) years;
and the representative from the ranks of active law practitioners and the representative of the law
students' sector, for one (1) year, without reappointment. Appointments to any vacancy shall be only for
the unexpire portion of the term of the predecessor.

The Chairman and regular members of the Board shall have the same salary and rank as the Chairman
and members, respectively, of the Constitutional Commissions: Provided, That their salaries shall not be
diminished during their term of office.

Section 6. Office and Staff Support. - The Department of Education, Culture and Sports shall provide the
necessary office and staff support to the Board, with a principal office to be located in Metropolitan
Manila.

The Board may appoint such other officers and employees it may deem necessary in the performanceof
its powers and functions.

Section 7. Powers and Functions. - For the purpose of achieving the objectives of this Act, the Board
shall havethe following powers and functions:

(a) to administer the legal education system in the country in a manner consistent with the provisions of
this Act;

(b) to supervise the law schools in the country, consistent with its powers and functions as herein
enumerated;

(c) to set the standards of accreditation for law schools taking into account, among others, the size of
enrollment, the qualifications of the members of the faculty, the library and other facilities, without

Page 5 of 27
encroaching upon the academic freedom of institutions of higher learning;

(d) to accredit law schools that meet the standards of accreditation;

(e) to prescribe minimum standards for law admission and minimum qualifications and compensation of
faculty members;

(f) to prescribe the basic curricula for the course of study aligned to the requirements for admission to
the Bar, law practice and social consciousness, and such other courses of study as may be prescribed by
the law schools and colleges under the different levels of accreditation status;

(g) to establish a law practice internship as a requirement for taking the Bar which a law student shall
undergo with any duly accredited private or public law office or firm or legal assistance group anytime
during the law course for a specific period that the Board may decide, but not to exceed a total of twelve
(12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation
and the specifications of such internship which shall include the actual work of a new member of the
Bar.

(h) to adopt a system of continuing legal education. For this purpose, the Board may provide for the
mandatory attendance of practicing lawyers in such courses and for such duration as the Board may
deem necessary; and

(i) to perform such other functions and prescribe such rules and regulations necessary for the attainment
of the policies and objectives of this Act.

Section 8. Accreditation of Law Schools. - Educational institutions may not operate a law school unless
accredited by the Board. Accreditation of law schools may be granted only to educational institutions
recognized by the Government.

Section 9. Withdrawal or Downgrading of Accreditation. - The Board may withdraw or downgrade the
accreditation status of a law school if it fails to maintain the standards set for its accreditation status.

Section 10. Effectivity of Withdrawal or Downgrading of Accreditation. - The withdrawal or

downgrading of accreditation status shall be effetive after the lapse ofthe semester or trimester following
the receipt by the school of the notice of withdrawal or downgrading unless, in the meantime, the school
meets and/or upgrades the standards or corrects the deficiencies upon which the withdrawal or
downgrading of the accreditation status is based.

Section 11. Legal Education Fund. - There is hereby created a special endowment fund, to be known as
the Legal Education Fund, which shall be under the control of the Board, and administered as a separate
fund by the Social Security System (SSS) which shall invest the same with due and prudent regard to its
solvency, safety and liquidity.

The Legal Education Fund shall be established out of, and maintained from, the amounts appropriated
pursuant to paragraph 2, Section 13 hereof, and from sixty percent (60%) of the privilege tax paid by
every lawyer effective Fiscal Year 1994; and from such donations, legacies, grant-in-aid and other forms
of contributions received by the Board for the purposes of this Act.

Being a special endowment fund, only the interests earned on the Legal Education Fund shall be used
exclusively for the purposes of this Act, including support for faculty development grants, professorial
chairs, library improvements and similar programs for the advancement of law teaching and education in
accredited law schools.

The Fund shall also be used for the operation of the Board. For this purpose, an amount not exceeding
ten percent (10%) of the interest on the Fund shall be utilized.

The Board, in consultation with the SSS, shall issue the necessary rules and regulations for the
collection, administration and utilization of the Fund.

Section 12. Coverage. - The provisions of this Act shall apply to all schools and colleges of law which
Page 6 of 27
 are presently under the supervision of the Department of Education, Culture and Sports. Hereafter, said
supervision shall be transferred to the Board. Law schools and colleges which shall be established
following the approval of this Act shall likewise be covered.

Section 13. Appropriation. - The amount of One Million Pesos (P1,000,000.00) is hereby authorized to
be charged against the current year's appropriation of the Contingent Fund for the initial expenses of the
Board.

To form part of the Legal Education Fund, there shall be appropriated annually, under the budget of the
Department of Education, Culture and Sports, the amount of Ten Million Pesos (P10,000,000.00) for a
period of ten (10) years effective Fiscal Year 1994.

Section 14. Separability Clause. - If any provision of this Act is declared unconstitutional or the
application thereof to any person, circumstance or transaction is held invalid, the validity of the
remaining provisions of this Act and the applicability of such provisions to other persons, circumstances
and transactions shall not be affected thereby.

Section 15. Repealing Clause. - All laws, decrees, executie orders, rules and regulations, issuances or
parts thereof inconsistent with this Act is hereby repealed or amended accordingly.

Section 16. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its
publication in the Official Gazette or in any two (2) newspapers of general circulation

(b) Citizenship
 Constitution, Art. XII, Sec. 14 (2)

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by
law.

 Republic Act No. 9225 (2003)- Dual Citizenship Act

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN

CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003."

Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of
another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-
born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-
acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the
Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of
the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will
maintain true faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily without
mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country
shall retain their Philippine citizenship upon taking the aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below
eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be
deemed citizenship of the Philippines.

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under
this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities
Page 7 of 27
 under existing laws of the Philippines and the following conditions:

(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of
the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and
other existing laws;

(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as
required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a
personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to
administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce
their oath of allegiance to the country where they took that oath;

(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a
license or permit to engage in such practice; and

(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or
extended to, those who:

(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens;
and/or

(b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which
they are naturalized citizens.

Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or invalid, any
other section or provision not affected thereby shall remain valid and effective.

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

Section 8. Effectivity Clause – This Act shall take effect after fifteen (15) days following its publication in
theOfficial Gazette or two (2) newspaper of general circulation.

 Petition to Re-Acquire the Privilege to Practice Law by Epifano Muneses, B.M. No. 2112, July 24,
2012, with accompanying Supreme Court Resolution En Banc, July 24, 2012
R.A. No. 9225 provides that a person who intends to practice his profession in the Philippines must
apply with the proper authority for a license or permit to engage in such practice. The practice of law is
a privilege burdened with conditions. It is so delicately affected with public interest that it is both the
power and duty of the State (through this Court) to control and regulate it in order to protect and
promote the public welfare. Adherence to rigid standards of mental fitness, maintenance of the highest
degree of morality, faithful observance of the legal profession, compliance with the mandatory
continuing legal education requirement and payment of membership fees to the Integrated Bar of the
Philippines (IBP) are the conditions required for membership in good standing in the bar and for
enjoying the privilege to practice law.

(c) Bar Examinations

 ROC, Rule 138, Sec. 7-16

Section 7. Time for filing proof of qualifications. — All applicants for admission shall file with the clerk of the
Supreme Court the evidence required by section 2 of this rule at least fifteen (15) days before the beginning of the
examination. If not embraced within section 3 and 4 of this rule they shall also file within the same period the
affidavit and certificate required by section 5, and if embraced within sections 3 and 4 they shall exhibit a license
evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revoked, and
certificates as to their professional standing. Applicants shall also file at the same time their own affidavits as to
their age, residence, and citizenship.

Section 8. Notice of Applications. — Notice of applications for admission shall be published by the clerk of the
Supreme Court in newspapers published in Pilipino, English and Spanish, for at least ten (10) days before the
Page 8 of 27
 beginning of the examination.

Section 9. Examination; subjects. — Applicants, not otherwise provided for in sections 3 and 4 of this rule, shall
be subjected to examinations in the following subjects: Civil Law; Labor and Social Legislation; Mercantile Law;
Criminal Law; Political Law (Constitutional Law, Public Corporations, and Public Officers); International Law
(Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics
and Practical Exercises (in Pleadings and Conveyancing).

Section 10. Bar examination, by questions and answers, and in writing. — Persons taking the examination shall
not bring papers, books or notes into the examination rooms. The questions shall be the same for all examinees
and a copy thereof, in English or Spanish, shall be given to each examinee. Examinees shall answer the questions
personally without help from anyone.

Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to
read his answers without much loss of time., the Supreme Court may allow such examinee to use a typewriter in
answering the questions. Only noiseless typewriters shall be allowed to be used.
The committee of bar examiner shall take such precautions as are necessary to prevent the substitution of papers
or commission of other frauds. Examinees shall not place their names on the examination papers. No oral
examination shall be given.

Section 11. Annual examination. — Examinations for admission to the bar of the Philippines shall take place
annually in the City of Manila. They shall be held in four days to be disignated by the chairman of the committee
on bar examiners. The subjects shall be distributed as follows: First day: Political and International Law
(morning) and Labor and Social Legislation (afternoon); Second day: Civil Law (morning) and Taxation
(afternoon); Third day: Mercantile Law (morning) and Criminal Law (afternoon); Fourth day: Remedial Law
(morning) and legal Ethics and Practical Exercises (afternoon).

Section 12. Committee of examiners. — Examinations shall be conducted by a committee of bar examiners to be
appointed by the Supreme Court. This committee shall be composed of a Justice of the Supreme Court, who shall
act as chairman, and who shall be designated by the court to serve for one year, and eight members of the bar of
the Philippines, who shall hold office for a period of one year. The names of the members of this committee shall
be published in each volume of the official reports.

Section 13. Disciplinary measures. — No candidate shall endeavor to influence any member of the committee,
and during examination the candidates shall not communicate with each other nor shall they give or receive any
assistance. The candidate who violates this provisions, or any other provision of this rule, shall be barred from the
examination, and the same to count as a failure against him, and further disciplinary action, including permanent
disqualification, may be taken in the discretion of the court.

Section 14. Passing average. — In order that a candidate may be deemed to have passed his examinations
successfully, he must have obtained a general average of 75 per cent in all subjects, without falling below 50 per
cent in any subjects. In determining the average, the subjects in the examination shall be given the following
relative weights: Civil Law, 15 per cent; Labor and Social Legislation, 10 per cent; Mercantile Law, 15 per cent;
Criminal Law; 10 per cent: Political and International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20
per cent; Legal Ethics and Practical Exercises, 5 per cent.

Section 15. Report of the committee; filing of examination papers. — Not later than February 15th after the
examination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such
examination. The examination papers and notes of the committee shall be filed with the clerk and may there be
examined by the parties in interest, after the court has approved the report.

Section 16. Failing candidates to take review course. — Candidates who have failed the bar examinations for
three times shall be disqualified from taking another examination unless they show the satisfaction of the court
that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review
course in a recognized law school.
The professors of the individual review subjects attended by the candidates under this rule shall certify under oath
that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary
students and the ratings obtained by them in the particular subject.

 Bar Matter No. 1153, March 9, 2010, Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms
in the Bar Examinations Through Amendments to Rules 138, Sec. 5 & 6 of the Rules of Court

"B.M. No. 1153 (Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar Examinations Through
Amendments to Rule 138 of the Rules of Court). - The Court Resolved to APPROVE the proposed amendments
to Sections 5 and 6 of Rule 138, to wit:
Page 9 of 27
 SEC. 5.Additional Requirement for Other Applicants. — All applicants for admission other than those referred to
in the two preceding sections shall, before being admitted to the examination, 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.
No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar
examination unless he or she has satisfactorily completed the following course in a law school or university
duly recognized by the government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence, taxation and legal ethics.
A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon
submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of
Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of the law school by the proper
authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws academic program in a law
school duly recognized by the Philippine Government.
SEC. 6.Pre-Law. — An applicant for admission to the bar examination shall present a certificate issued by the
proper government agency that, before commencing the study of law, he or she had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for admission thereto the completion
of a four-year high school course, the course of study prescribed therein for a bachelor's degree in arts or sciences.
A Filipino citizen who completed and obtained his or her Bachelor of Laws degree or its equivalent in a foreign
law school must present proof of having completed a separate bachelor's degree course.
The Clerk of Court, through the Office of the Bar Confidant, is hereby directed to CIRCULARIZE this resolution
among all law schools in the country."

 Re: 2003 Bar Examinations, Atty. Daniel de Guzman, B.M. No. 1722, April 24, 2009

RESOLUTION

YNARES-SANTIAGO, J.:

This treats the Petition for Judicial Clemency and Compassion dated November 10, 2008 filed by
petitioner Danilo de Guzman. He prays that this Honorable Court in the exercise of equity and
compassion, grant petitioners plea for judicial clemency, and thereupon, order his reinstatement as a
member in good standing of the Philippine Bar.[1]

To recall, on February 4, 2004, the Court promulgated a Resolution, in B.M. No. 1222, the dispositive
portion of which reads in part:

WHEREFORE, the Court, acting on the recommendations of the Investigating Committee,

hereby resolves to

(1) DISBAR Atty. DANILO DE GUZMAN from the practice of law effective upon his receipt of
this RESOLUTION;

xxxx

The subject of the Resolution is the leakage of questions in Mercantile Law during the 2003 Bar
Examinations. Petitioner at that time was employed as an assistant lawyer in the law firm of Balgos &
Perez, one of whose partners, Marcial Balgos, was the examiner for Mercantile Law during the said bar
examinations. The Court had adopted the findings of the Investigating Committee, which identified
petitioner as the person who had downloaded the test questions from the computer of Balgos and
faxed them to other persons.

The Office of the Bar Confidant (OBC) has favorably recommended the reinstatement of petitioner in
the Philippine Bar. In a Report dated January 6, 2009, the OBC rendered its assessment of the petition,
the relevant portions of which we quote hereunder:

Petitioner narrated that he had labored to become a lawyer to fulfill his fathers childhood dream
to become one. This task was not particularly easy for him and his family but he willed to endure
Page 10 of 27
the same in order to pay tribute to his parents.

Petitioner added that even at a very young age, he already imposed upon himself the duty of
rendering service to his fellowmen. At 19 years, he started his exposure to public service when
he was elected Chairman of the Sangguniang Kabataan (SK) of Barangay
Tuktukan, Taguig City. During this time, he initiated several projects benefiting the youth in
their barangay.

Thereafter, petitioner focused on his studies, taking up Bachelor of Arts in Political Science and
eventually pursuing Bachelor of Laws. In his second year in law school, he was elected as the
President of the Student Council of the Institute of Law of the Far Eastern University
(FEU). Here, he spearheaded various activities including the conduct of seminars for law
students as well as the holding of bar operations for bar examinees.

Despite his many extra-curricular activities as a youth and student leader, petitioner still
managed to excel in his studies. Thus, he was conferred an Academic Excellence Award upon
his graduation in Bachelor of Laws.

Upon admission to the bar in April 1999, petitioner immediately entered government service as a
Legal Officer assigned at the Sangguniang Bayan of Taguig. Simultaneously, he also rendered
free legal services to less fortunate residents of Taguig City who were then in need of legal
assistance.

In March 2000, petitioner was hired as one of the Associate Lawyers at the Balgos and Perez
Law Offices. It was during his stay with this firm when his craft as a lawyer was polished and
developed. Despite having entered private practice, he continued to render free legal services to
his fellow Taguigeos.

Then in February 2004, by a sudden twist of fate, petitioners flourishing career was cut short as
he was stripped of his license to practice law for his alleged involvement in the leakage in the
2003 Bar Examinations.

Devastated, petitioner then practically locked himself inside his house to avoid the rather
unavoidable consequences of his disbarment.

On March 2004, however, petitioner was given a new lease in life when he was taken as a
consultant by the City Government of Taguig. Later, he was designated as a member of the
Secretariat of the Peoples Law Enforcement Board (PLEB). For the next five (5) years, petitioner
concentrated mainly on rendering public service.

Petitioner humbly acknowledged the damaging impact of his act which unfortunately,
compromised the integrity of the bar examinations. As could be borne from the records of the
investigation, he cooperated fully in the investigation conducted and took personal responsibility
for his actions. Also, he has offered his sincerest apologies to Atty. Balgos, to the Court as well
as to all the 2003 bar examinees for the unforeseen and unintended effects of his actions.

Petitioner averred that he has since learned from his mistakes and has taken the said humbling
experience to make him a better person.

Meanwhile, as part of his Petition, petitioner submitted the following testimonials and
endorsements of various individuals and entities all attesting to his good moral character:

1) Resolution No. 101, Series of 2007, Resolution Expressing Full Support to Danilo
G. De Guzman in his Application for Judicial Clemency, Endorsing his Competence and Fitness
to be Reinstated as a Member of the Philippine Bar and for Other Purposes dated 4 June 2007 of
the Sangguniang Panlungsod, City of Taguig;

2) Isang Bukas na Liham na Naglalayong Iparating sa Kataas-Taasang Hukuman ang

Buong Suporta ng Pamunuan at mga Kasapi ng Southeast Peoples Village Homeowners
Association, Inc. (SEPHVOA) kay Danilo G. De Guzman sa Kanyang Petisyong Magawaran ng
Page 11 of 27
Kapatawaran at ang Boluntaryong Pag-susulong sa Kanyang Kakayahan Upang Maibalik sa
Kanya ang mga Pribilehiyo ng Isang Abogado dated 1 June 2007 of the Southeast Peoples
Village Homeowners Association, Inc. (SEPHVOA), Ibayo-Tipas, City of Taguig;

3) Isang Bukas na Liham na Naglalayong Iparating sa Kataas-Taasang Hukuman ang

Buong Suporta ng Pamunuan at mga Kasapi ng Samahang Residente ng Mauling Creek, Inc.
(SAREMAC) kay G. Danilo G. De Guzman sa Kanyang Petisyong Magawaran ng Kapatawaran
at ang Boluntaryong Pag-susulong sa Kanyang Kakayahan Upang Maibalik sa Kanya ang mga
Pribilehiyo ng Isang Abogado dated 1 June 2007 of the Samahang Residente ng Mauling Creek,
Inc. (SAREMAC), Lower Bicutan, City of Taguig;

4) Isang Bukas na Liham na Naglalayong Iparating sa Kataas-Taasang Hukuman ang

Buong Suporta ng Pamunuan at mga Kasapi ng Samahan ng mga Maralita (PULONG KENDI)
Neighborhood Association, Inc. (SAMANA) kay G. Danilo G. De Guzman sa Kanyang
Petisyong Magawaran ng Kapatawaran at ang Boluntaryong Pag-susulong sa Kanyang
Kakayahan Upang Maibalik sa Kanya ang mga Pribilehiyo ng Isang Abogado dated 1 June 2007
of the Samahan ng mga Maralita (PULONG KENDI) Neighborhood Association, Inc.
(SAMANA), Sta. Ana, City of Taguig;

5) An Open Letter Attesting Personally to the Competence and Fitness of Danilo G.

De Guzman as to Warrant the Grant of Judicial Clemency and his Reinstatement as Member of
the Philippine Bar dated 8 June 2007 of Miguelito Nazareno V. Llantino, Laogan, Trespeses and
Llantino Law Offices;

6) Testimonial to the Moral and Spiritual Competence of Danilo G. De Guzman to be

Truly Deserving of Judicial Clemency and Compassion dated 5 July 2007 of Rev. Fr. Paul G.
Balagtas, Parish Priest, Archdiocesan Shrine of St. Anne;

7) Testimonial Letter dated 18 February 2008 of Atty. Loreto C. Ata, President, Far
Eastern University Law Alumni Association (FEULAA), Far Eastern University (FEU);

8) Isang Bukas na Liham na Naglalayong Iparating sa Kataas-Taasang Hukuman ang

Buong Suporta ng Pamunuan at mga Kasapi ng Samahang Bisig Kamay sa Kaunlaran, Inc.
(SABISKA) kay G. Danilo G. De Guzman sa Kanyang Petisyong Magawaran ng Kapatawaran at
ang Boluntaryong Pag-susulong sa Kanyang Kakayahan Upang Maibalik sa Kanya ang mga
Pribilehiyo ng Isang Abogado dated 8 July 2008 of the Samahang Bisig Kamay sa Kaunlaran,
Inc. (SABISKA);

9) Board Resolution No. 02, Series of 2008, A Resolution Recognizing the

Contributions of Danilo G. De Guzman to the Peoples Law Enforcement Board
(PLEB) Taguig City, Attesting to his Utmost Dedication and Commitment to the Call of Civic
and Social Duty and for Other Purposes dated 11 July 2008 of the Peoples Law Enforcement
Board (PLEB);

10) A Personal Appeal for the Grant of Judicial Forgiveness and Compassion in Favor of
Danilo G. De Guzman dated 14 July 2008 of Atty. Edwin R. Sandoval,
Professor, College of Law, San SebastianCollege Recoletos;

11) An Open Letter Personally Attesting to the Moral competence and Fitness of Danilo
G. De Guzman dated 5 September 2008 of Mr. Nixon F. Faderog, Deputy Grand [Kn]ight,
Knights of Columbus and President, General Parent-Teacher Association, Taguig National High
School, Lower Bicutan, Taguig City;

12) Testimonial Letter dated 5 September 2008 of Atty. Primitivo C. Cruz, President,
Taguig Lawyers League, Inc., Tuktukan, Taguig City;

13) Testimonial Letter dated 21 October 2008 of Judge Hilario L. Laqui, Presiding
Judge, Regional Trail Court (RTC), Branch 218, Quezon City; and

14) Testimonial Letter dated 28 October 2008 of Justice Oscar M. Herrera, former
Page 12 of 27
Justice, Court of Appeals and former Dean, Institute of Law, Far Eastern University (FEU).

Citing the case of In Re: Carlos S. Basa, petitioner pleaded that he be afforded the same
kindness and compassion in order that, like Atty. Basa, his promising future may not be
perpetually foreclosed. In the said case, the Court had the occasion to say:

Carlos S. Basa is a young man about 29 years of age, admitted to the bars of California and the
Philippine Islands. Recently, he was charged in the Court of First Instance of the City of Manila
with the crime of abduction with consent, was found guilty in a decision rendered by the
Honorable M.V. De Rosario, Judge of First Instance, and was sentenced to be imprisoned for a
period of two years, eleven months and eleven days of prision correccional. On appeal, this
decision was affirmed in a judgment handed down by the second division of the Supreme Court.

xxxx

When come next, as we must, to determine the exact action which should be taken by the court,
we do so regretfully and reluctantly. On the one hand, the violation of the criminal law by the
respondent attorney cannot be lightly passed over. On the other hand, we are willing to strain the
limits of our compassion to the uttermost in order that so promising a career may not be utterly
ruined.

Petitioner promised to commit himself to be more circumspect in his actions and solemnly
pledged to exert all efforts to atone for his misdeeds.

There may be a reasonable ground to consider the herein Petition.

In the case of Re: Petition of Al Argosino to Take the Lawyers Oath (Bar Matter
712), which may be applied in the instant case, the Court said:

After a very careful evaluation of this case, we resolve to allow petitioner Al Caparros Argosino
to take the lawyer's oath, sign the Roll of Attorneys and practice the legal profession with the
following admonition:

In allowing Mr. Argosino to take the lawyers oath, the Court recognizes that Mr. Argosino is not
inherently of bad moral fiber. On the contrary, the various certifications show that he is a devout
Catholic with a genuine concern for civic duties and public service.

The Court is persuaded that Mr. Argosino has exerted all efforts, to atone for the death of Raul
Camaligan. We are prepared to give him the benefit of the doubt, taking judicial notice of the
general tendency of youth to be rash, temerarious and uncalculating.

xxxx

Meanwhile, in the case of Rodolfo M. Bernardo vs. Atty. Ismael F. Mejia (Administrative
Case No. 2984), the Court [in] deciding whether or not to reinstate Atty. Mejia to the practice of
law stated:

The Court will take into consideration the applicants character and standing prior to the
disbarment, the nature and character of the charge/s for which he was disbarred, his conduct
subsequent to the disbarment and the time that has elapsed in between the disbarment and the
application for reinstatement.

Petitioner was barely thirty (30) years old and had only been in the practice of law for five (5)
years when he was disbarred from the practice of law. It is of no doubt that petitioner had a
promising future ahead of him where it not for the decision of the Court stripping off his license.

Petitioner is also of good moral repute, not only before but likewise, after his disbarment, as
attested to overwhelmingly by his constituents, colleagues as well as people of known probity in
the community and society.

Page 13 of 27
Way before the petitioner was even admitted to the bar, he had already manifested his intense
desire to render public service as evidenced by his active involvement and participation in
several social and civic projects and activities. Likewise, even during and after his disbarment,
which could be perceived by some as a debilitating circumstance, petitioner still managed to
continue extending his assistance to others in whatever means possible. This only proves
petitioners strength of character and positive moral fiber.

However, still, it is of no question that petitioners act in copying the examination questions from
Atty. Balgos computer without the latters knowledge and consent, and which questions later
turned out to be the bar examinations questions in Mercantile Law in the 2003 Bar Examinations,
is not at all commendable. While we do believe that petitioner sincerely did not intend to cause
the damage that his action ensued, still, he must be sanctioned for unduly compromising the
integrity of the bar examinations as well as of this Court.

We are convinced, however, that petitioner has since reformed and has sincerely reflected on his
transgressions. Thus, in view of the circumstances and likewise for humanitarian
considerations, the penalty of disbarment may now be commuted to suspension. Considering
the fact, however, that petitioner had already been disbarred for more than five (5) years, the
same may be considered as proper service of said commuted penalty and thus, may now be
allowed to resume practice of law.

WHEREFORE, PREMISES CONSIDERED, it is respectfully recommended that the instant

Petition for Judicial Clemency and Compassion dated 10 November 2008 of petitioner DANILO
G. DE GUZMAN be GRANTED. Petitioners disbarment is now commuted to suspension, which
suspension is considered as served in view of the petitioners five (5) year disbarment. Hence,
petitioner may now be allowed to resume practice of law.

The recommendation of the Office of the Bar Confidant is well-taken in part. We deem petitioner
worthy of clemency to the extent of commuting his penalty to seven (7) years suspension from the
practice of law, inclusive of the five (5) years he has already served his disbarment.

Penalties, such as disbarment, are imposed not to punish but to correct offenders.[2] While the Court is
ever mindful of its duty to discipline its erring officers, it also knows how to show compassion when the
penalty imposed has already served its purpose.[3]

In cases where we have deigned to lift or commute the supreme penalty of disbarment imposed on the
lawyer, we have taken into account the remorse of the disbarred lawyer[4] and the conduct of his public
life during his years outside of the bar.[5] For example, in Valencia v. Antiniw, we held:

However, the record shows that the long period of respondent's disbarment gave him the chance
to purge himself of his misconduct, to show his remorse and repentance, and to demonstrate his
willingness and capacity to live up once again to the exacting standards of conduct demanded of
every member of the bar and officer of the court. During respondent's disbarment for more than
fifteen (15) years to date for his professional infraction, he has been persistent in reiterating his
apologies and pleas for reinstatement to the practice of law and unrelenting in his efforts to show
that he has regained his worthiness to practice law, by his civic and humanitarian activities and
unblemished record as an elected public servant, as attested to by numerous civic and
professional organizations, government institutions, public officials and members of the
judiciary.[6]

And in Bernardo v. Atty. Mejia,[7] we noted:

Although the Court does not lightly take the bases for Mejias disbarment, it also cannot close its
eyes to the fact that Mejia is already of advanced years. While the age of the petitioner and the
length of time during which he has endured the ignominy of disbarment are not the sole measure
in allowing a petition for reinstatement, the Court takes cognizance of the rehabilitation of Mejia.
Since his disbarment in 1992, no other transgression has been attributed to him, and he has
shown remorse. Obviously, he has learned his lesson from this experience, and his punishment
has lasted long enough. x x x

Page 14 of 27
 Petitioner has sufficiently demonstrated the remorse expected of him considering the gravity of his
transgressions. Even more to his favor, petitioner has redirected focus since his disbarment towards
public service, particularly with the Peoples Law Enforcement Board. The attestations submitted by his
peers in the community and other esteemed members of the legal profession, such as retired Court of
Appeals Associate Justice Oscar Herrera, Judge Hilario Laqui, Professor Edwin Sandoval and Atty.
Lorenzo Ata, and the ecclesiastical community such as Rev. Fr. Paul Balagtas testify to his positive
impact on society at large since the unfortunate events of 2003.

Petitioners subsequent track record in public service affords the Court some hope that if he were to
reacquire membership in the Philippine bar, his achievements as a lawyer would redound to the general
good and more than mitigate the stain on his record. Compassion to the petitioner is
warranted. Nonetheless, we wish to impart to him the following stern warning:

Of all classes and professions, the lawyer is most sacredly bound to uphold the laws. He is their
sworn servant; and for him, of all men in the world, to repudiate and override the laws, to
trample them underfoot and to ignore the very bands of society, argues recreancy to his position
and office and sets a pernicious example to the insubordinate and dangerous elements of the
body politic.[8]

WHEREFORE, in view of the foregoing, the Petition for Judicial Clemency and Compassion is
hereby GRANTED IN PART. The disbarment of DANILO G. DE GUZMAN from the practice of law
is hereby COMMUTED to SEVEN (7) YEARS SUSPENSION FROM THE PRACTICE OF LAW,
reckoned from February 4, 2004.

SO ORDERED.

(4) Good moral character

 What is the scope of the good moral character requirement?

It is a continuing requirement; good moral character is not only a condition precedent for admission to
the legal profession, but it must also remain intact in order to maintain one’s good standing in that
exclusive and honored fraternity.

 Define the following, and give examples of each:

 Good moral character , moral character is the objective reality of what a person really is.

 Moral turpitude , it is an act of baseless, vileness or depravity in the duties which one person owes to
another or to society in general which in contrary to the usually accepted and customary rule of right
and duty which a person should follow.
(Examples of crimes involving moral turpitude: falsification of public docs, estafa, bribery, murder
abduction, seduction, smuggling, concubinage, and violation BP22) FEB-MASS-CV

 Immoral conduct, it is a conduct which is willfully, flagrantl or shameless and which shows a moral
indifference to the opinion of the good and respectable members of the community.

 Grossly immoral conduct , a conduct which 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 family and
cohabitating with other woman; cohabitating with a woman with a promise to marry; law professor
exercising control over a student where he had carnal knowledge with her; bigamy; concubinage
and failure to support child; adultery; selling real property of public domain.)

 Dishonest conduct, denotes an absence of integrity; a disposition to cheat, deceive, or defraud,

deceive and betray.

 Deceitful conduct = immoral conduct

Page 15 of 27
(a) Requirement to not engage in unlawful, dishonest, immoral, deceitful conduct
 Rule 1.01, CPR
A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

 Rule 7.03, CPR

A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he
whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.

 Rules of Court, Rule 138, Sec. 21

An attorney is presumed to be properly authorized to represent any cause in which he appears, and no
written power of attorney is required to authorize him to appear in court for his client, but the presiding
judge may, on motion of either party and on reasonable grounds therefor being shown, require any
attorney who assumes the right to appear in a case to produce or prove the authority under which he
appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him,
and may thereupon make such order as justice requires. An attorneys wilfully appear in court for a
person without being employed, unless by leave of the court, may be punished for contempt as an officer
of the court who has misbehaved in his official transactions.

(b) Good moral character as a prerequisite to admission to the practice of law

 In the matter of the Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar Examinations,
431 SCRA 146 (2004)
The requirement of good moral character is not only a condition precedent to admission to the practice
of law, its continued possession is also essential for remaining in the practice of law. By concealing the
existence of such pending cases, the applicant then flunks the test of fitness even if the cases are
ultimately proven to be unwarranted or insufficient to impugn or affect the good moral character of the
applicant.

 In re Al C. Argosino, 246 SCRA 14 (1995)

The practice of law is a high personal privilege limited to citizens of good moral character, with special
educational qualifications, duly ascertained and certified Requirement of good moral character is of
greater importance so far as the general public and the proper administration of justice is concerned.
Participation in the prolonged mindless physical beatings inflicted upon Raul Camaligan constituted
evident rejection of that moral duty and was totally irresponsible behavior, which makes impossible a
finding that the participant was possessed of good moral character. He should show to the Court how
he has tried to make up for the senseless killing of a helpless student to the family of the
deceased student and to the community at large.

 The Promising Mr. Argosino, http://newsinfo.inquirer.net/868306/the-promising-mr-argosino

 Avida Land Corporation vs. Atty. AL Argosino, A.C. No. 7437
Despite the simplicity of the issue involved in the HLURB case, the path towards its resolution became long, tedious,
and frustrating because of the deliberate attempts of respondent to delay the actual execution of the judgment
therein. He continued to file pleadings over issues already passed upon even after being enjoined not to do so, and
made unfounded accusations of bias or procedural defects. These acts manifest his propensity to disregard the
authority of a tribunal and abuse court processes, to the detriment of the administration of justice.

 Republic Act No. 8049 (the Anti-Hazing Law)

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN

FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING
PENALTIES THEREFOR

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some
Page 16 of 27
embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar
tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military
Training and Citizen's Army Training. The physical, mental and psychological testing and training
procedure and practices to determine and enhance the physical, mental and psychological fitness of
prospective regular members of the Armed Forces of the Philippines and the Philippine National Police
as approved ny the Secretary of National Defense and the National Police Commission duly
recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the
Philippine National Police shall not be considered as hazing for the purposes of this Act.

Sec. 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall
be allowed without prior written notice to the school authorities or head of organization seven (7) days
before the conduct of such initiation. The written notice shall indicate the period of the initiation
activities which shall not exceed three (3) days, shall include the names of those to be subjected to such
activities, and shall further contain an undertaking that no physical violence be employed by anybody
during such initiation rites.

Sec. 3. The head of the school or organization or their representatives must assign at least two (2)
representatives of the school or organization, as the case may be, to be present during the initiation. It is
the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a
recruit, neophyte or applicant.

Sec. 4. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or
dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually
participated in the infliction of physical harm shall be liable as principals. The person or persons who
participated in the hazing shall suffer:

1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results
there from.

2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if
in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.

3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years
and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power
to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of
any such member shall have become incapacitated for the activity or work in which he was habitually
engaged.

4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8
months) if in consequence of the hazing the victim shall become deformed or shall have lost any other
part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period of more than ninety
(90) days.

5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged for a period of more than thirty (30) days.

6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence
of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work
in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained
shall require medical assistance for the same period.

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence
of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work
in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall
require medical assistance for the same period.
Page 17 of 27
 8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years)
if in consequence of the hazing the victim sustained physical injuries which do not prevent him from
engaging in his habitual activity or work nor require medical attendance.

The responsible officials of the school or of the police, military or citizen's army training organization,
may impose the appropriate administrative sanctions on the person or the persons charged under this
provision even before their conviction. The maximum penalty herein provided shall be imposed in any
of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person
of the recruit who refuses to join;

(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be
committed on his person, is prevented from quitting;

(c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities,
through force, violence, threat or intimidation;

(d) when the hazing is committed outside of the school or institution; or

(e) when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from
occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or
organization, the parents shall be held liable as principals when they have actual knowledge of the
hazing conducted therein but failed to take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual
knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as
accomplices for the acts of hazing committed by the perpetrators.

The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually
planned the hazing although not present when the acts constituting the hazing were committed shall be
liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing
were committed and failed to take action to prevent the same from occurring shall be liable as
principal.

The presence of any person during the hazing is prima facie evidence of participation therein as
principal unless he prevented the commission of the acts punishable herein.

Any person charged under this provision shall not be entitled to the mitigating circumstance that there
was no intention to commit so grave a wrong.

This section shall apply to the president, manager, director or other responsible officer of a corporation
engaged in hazing as a requirement for employment in the manner provided herein.

Sec. 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.

Sec. 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of
this Act are hereby amended or repealed accordingly.

Sec. 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2)
national newspapers of general circulation.

 Consolidated cases of Villareal vs. People of the Philippines, G.R. No. 151258, People vs. CA, G.R. No.
154954, Dizon vs. People, G.R. No. 155101, and Villa vs. Escalona, G.R. No. 178057 and 178080,
February 1, 2012.
Page 18 of 27
(c) Unlawful Conduct
 Piatt vs. Avordo, 58 Phil. 350 (1933)
An attorney who agreed to purchase opium, a prohibited drug, but was duped in a fake
opium deal, found guilty of non-professional misconduct so reprehensible as to warrant
suspension from the practice of law for a period of one year.

 Stemmerik vs. Mas, 589 SCRA 114 (2009)

Lawyers, as members of the noble profession, have the duty to promote respect for the law and
uphold the integrity of the bar; Exacting standards of the legal profession has been found wanting
on respondent.

(d) Moral Turpitude

Embido vs Pe, A lawyer who forges a court decision and represents it as that of a court of law is guilty of the
gravest misconduct and deserves the supreme penalty of disbarment.

Garcia vs Sesbreno We cannot accept Sesbreño’s argument that the executive clemency restored his full civil and
political rights. Sesbreño cited In re Atty. Parcasio10 to bolster his argument. In thatcase, Atty. Parcasio was granted
"an absolute and unconditional pardon"11 which restored his "full civil and political rights,"12 a circumstance not
present inthese cases. Here, the Order of Commutation13 did not state that the pardon was absolute and
unconditional.

(d) Dishonest deceitful conduct

-People vs. Tuanda, 181 SCRA 692 (1989) Bouncing Checks Law; Violation of B.P. Blg. 22 is a serious
criminal offense which affects public interest and public order; it is a crime involving moral turpitude,
hence, conviction of such crime justifies petitioner’s suspension from the practice of law.

-Tan vs. Sabandal, 202 SCRA 473 (1992)

It should be recalled that Sabandal worked as Land Investigator at the Bureau of Lands. Said employment facilitated
his procurement of the free patent title over property which he could not but have known was public land. This was
manipulative on his part and does not speak well of his moral character. It is a manifestation of gross dishonesty
while in the public service, which can not be erased by the termination of the case filed by the Republic against him
where no determination of his guilt or innocence was made because the suit had been compromised. Although as
the Solicitor General had pointed out, the amicable settlement was tantamount to a confession on his part.

 Fernandez vs. Grecia, 223 SCRA 425 (1993)

Court finds Attorney Benjamin Grecia guilty of grave misconduct, dishonesty and grossly
unethical behavior as a lawyer; Court resolved to impose upon him once more the supreme penalty
of DISBARMENT. By stealing two pages from Linda Aves’ medical chart and passing them on to his
driver, he violated Rule 1.01, Canon 1 of the Rules of Professional Responsibility as well as Canon 7
thereof.

-Pimentel vs. Llorente, 339 SCRA 154 (2000) COMELEC BOARD of CANVASSERS

Respondents committed a breach of Rule 1.01 of the Code which stipulates that a lawyer shall not engage
in “unlawful, dishonest, immoral or deceitful conduct.” Now, a lawyer who holds a government position
may not be disciplined as a member of the bar for misconduct in the discharge of his duties as a
government official. However, if the misconduct also constitutes a violation of the Code of Professional
Responsibility or the lawyer’s oath or is of such character as to affect his qualification as a lawyer or
shows moral delinquency on his part, such individual may be disciplined as a member of the bar for such
misconduct.

 Freeman vs. Reyes, A.C. No. 6246, November 15, 2011

Marites E. Freeman, seeking the disbarment of respondent Atty. Zenaida P. Reyes, for gross dishonesty in
obtaining money from her, without rendering proper legal services, and appropriating the proceeds of the
insurance policies of her deceased husband.Complainant also seeks recovery of all the amounts she had given to

Page 19 of 27
respondent and the insurance proceeds, which was remitted to the latter, with prayer for payment of moral and
exemplary damages.

 Dizon v. de Taza, A.C. No. 7676, 10 June 2014

This concerns an administrative complaint1 for disbarment against Atty. Norlita De Taza (Atty. De Taza) for the
latter's demand for and receipt of exorbitant sums of money from her client purportedly to expedite the proceedings
of their case which was pending before the Court.

On October 24, 2007, the complainant went to this Court in Padre Faura, Manila and learned that the Court had
already denied the petition on November 20, 2006, contrary to Atty. De Taza’s representations that the case was
still pending. He tried to communicate with Atty. De Taza, but she could no longer be found.7

"Law is a noble profession, and the privilege to practice it is bestowed only upon individuals who are competent
intellectually, academically and, equally important, morally. Because they are vanguards of the law and the legal
system, lawyers must at all times conduct themselves, especially in their dealings with their clients and the public at
large, with honesty and integrity in a manner beyond reproach."37 "The Judiciary has been besieged enough with
accusations of corruption and malpractice. For a member of the legal profession to further stoke the embers of
mistrust on the judicial system with such irresponsible representations is reprehensible and cannot be tolerated."38

(e) Immoral conduct

 Ui vs. Bonifacio, 333 SCRA 38 (2000)
 Figueroa vs. Barranco, 276 SCRA 445 (1997)
 Cordova vs. Cordova, 179 SCRA 680 (1989)
 Castillo vda de Mijares vs. Villaluz, 274 SCRA 1 (1997)
 Calub vs. Suller, 323 SCRA 556 (200)
 Garrido vs. Garrido, 611 SCRA 508 (2010)
 Ventura vs. Samson, 686 SCRA 430 (2012)
 Ong v. de los Santos, A.C. No. 10179, 04 march 2014

(5) Unauthorized practice of law

(a) In general
 CPR Canon 9
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by
law may only be performed by a member of the bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law, except:

(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the
agreement; or

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is
based in whole or in part, on a profit sharing agreement.

 ROC Rule 138-A- Student practice rule

Law Student Practice Rule

Section 1. Conditions for student practice. — A law student who has successfully completed his 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

Page 20 of 27
 indigent clients accepted by the legal clinic of the law school.

Section 2. Appearance. — 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.

Section 3. Privileged communications. — The Rules safeguarding privileged communications between

attorney and client shall apply to similar communications made to or received by the law student, acting
for the legal clinic.

Section 4. Standards of conduct and supervision. — The law student shall comply with the standards of
professional conduct governing members of the Bar. Failure of an attorney to provide adequate
supervision of student practice may be a ground for disciplinary action. (Circular No. 19, dated
December 19, 1986).

 Cruz vs. Mina, 522 SCRA 387 (2007)

 Spouses Suarez vs. Salazar, G.R. No. 139281, September 29, 1999
 Aguirre vs. Rana, B.M. No. 1036, June 10, 2003
 Office of the Court Administrator vs. Ladaga, A.M. No. P-99-1287, January 26, 2001
 Alawi vs. Alauya, A.M. No. SDC-97-2-P, February 24, 1997

(b) Duty to not delegate work to an unqualified person

 Rule 9.01, CPR
A lawyer shall not delegate to any unqualified person the performance of any task which by law may
only be performed by a member of the bar in good standing.

(c) Duty to not divide legal fees

 Rule 9.02, CPR
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law, except:

(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the
agreement; or

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is
based in whole or in part, on a profit sharing agreement.

 Halili vs. CIR, G.R. No. L-24864, April 30, 1985, 136 SCRA 113 (1985)
 Lijuaico vs. Terrado, A.C. No. 6317, August 31, 2006, 500 SCRA 301 (2006)

(d) When non-lawyers can appear

 ROC Rule 138-A
 ROC Rule 138, Sections 33-34

Section 33. Standing in court of person authorized to appear for Government. — Any official or other
person appointed or designated in accordance with law to appear for the Government of the Philippines
shall have all the rights of a duly authorized member of the bar to appear in any case in which said
government has an interest direct or indirect.

Section 34. By whom litigation conducted. — In the court of a justice of the peace a party may conduct
his litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with the
aid an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney,
and his appearance must be either personal or by a duly authorized member of the bar.

 Act No. 2259, Sec. 1

Page 21 of 27
 Section 1. When, in the opinion of the Governor-General (now the President), the public interests
require that the title to any lands be titled and adjudicated, he may to this end order the Director of
Lands to make a survey and plan thereof. (As amended by Sec. 1850, Act No. 2711.)

The Director of Lands shall, thereupon, give notice to persons claiming an interest in the lands, and to
the general public, of the day on which such survey will begin, giving as full and accurate a description
as possible of the lands to be surveyed. Such notice shall be published in two successive issues of the
Official Gazette, and a copy of the notice in the English and Spanish languages shall be posted in a
conspicuous place on the chief municipal building of the municipality, township or settlement in which
the lands, or any portion thereof, are situated. A copy of the notice shall also be sent to the president of
such municipality, township, or settlement, and to the provincial board. (As amended by Sec. 1851, Act
No. 2711.)

 Labor Code, Art. 222


Article. 222. Appearances and Fees. - (a) Non-lawyers may appear before the Commission or
any Labor Arbiter only:
1. If they represent themselves; or
2. If they represent their organization or members thereof.

(b) No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective
bargaining agreement shall be imposed on any individual member of the contracting union: Provided,
However, that attorney’s fees may be charged against union funds in an amount to be agreed upon by
the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and
void. (As amended by Presidential Decree No. 1691, May 1, 1980).

 DARAB- RA 6657, as amended by RA 9700, Rule VIII, Sec. 1

SECTION 1. Appearance. — A lawyer appearing for a party is presumed to be properly authorized for
that purpose. A non-lawyer may appear before the Board or any of its Adjudicators, if:

a. He represents himself as a party to the case;

b. He represents a farmers’ organization or its members, provided that he shall present proof of authority
from the organization or its members or such authority duly signed by the President or head of the
organization;

c. He is a law student who has successfully completed his third 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. His appearance pursuant to 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, memoranda or other papers to be filed must be signed by the supervising attorney
for and in behalf of the legal aid clinic.

d. He is a DAR Legal Officer duly authorized by the appropriate Head of Office in accordance with the
internal regulations of the Department of Agrarian Reform. For this purpose, the DAR Legal Officer
must have the prescribed authorization form before he may be allowed to appear before the Board or any
of its Adjudicators, Provided, that when there are two or more representatives for any individual or
group, such individual or group should choose only one representative.

 Local Government Code (RA 7160), Sec. 415

Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the
parties must appear in person without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers.

 Rules of Procedure for Small Claims Cases, A.M. No. 08-8-7-SC, effective October 1, Sec. 17

(e) Liability for unauthorized practice

Page 22 of 27
 ROC Rule 71- Contempt of Court

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;

(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

Page 23 of 27
 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 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 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)

 RA 6713, Sec. 7(b) and 11

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR

PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE
OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS
Page 24 of 27
 FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER
PURPOSES

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and
employees now prescribed in the Constitution and existing laws, the following shall constitute
prohibited acts and transactions of any public official and employee and are hereby declared to be
unlawful:
xxx
(b) Outside employment and other activities related thereto. - Public officials and employees during their
incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office
unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with their official functions; or

(3) Recommend any person to any position in a private enterprise which has a regular or pending official
transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or
separation from public office, except in the case of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection with any matter before the office he used to be
with, in which case the one-year prohibition shall likewise apply.

Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he holds office
or employment in a casual, temporary, holdover, permanent or regular capacity, committing any
violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary
or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due
notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty
under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this
Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five
thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction,
disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or employee, even if no criminal prosecution is
instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or

accessories, with public officials or employees, in violation of this Act, shall be subject to the
same penal liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or
uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such
action is brought may assess against such person a penalty in any amount not to exceed twenty-
five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier,
the latter shall apply.

(f) Others
 In re: Petition to sign roll of attorneys of Michael A. Melado, B.M. No. 2540, 24 September 2013
 Feliciano v. Bautista-Lozada, A.C. No. 7593, 11 March 2015 (effect of suspension)

(6) Disqualification of public officials from engaging in the practice of law

 ROC Rule 138, Sec. 35

Section 35. Certain attorneys not to practice. — No judge or other official or employee of the superior
courts or of the Office of the Solicitor General, shall engage in private practice as a member of the bar or
Page 25 of 27
 give professional advice to clients.

 Art. VII, Sec. 13, 1987 PC

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution, hold any other office or employment during
their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall
not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.

 Art. IX (A), Sec. 2, 1987 PC

Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active management or
control of any business which, in any way, may be affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned
or controlled corporations or their subsidiaries.

 Art. VI, Sec. 14, 1987 PC

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of
office. He shall not intervene in any matter before any office of the Government for his pecuniary
benefit or where he may be called upon to act on account of his office.

 RA 7160, Sec. 90 (a), (b)

Section 90. Practice of Profession. -

(a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging
in any occupation other than the exercise of their functions as local chief executives.

(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools
except during session hours: Provided, That sanggunian members who are also members of the Bar shall
not:

(1) 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;

(2) 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.

(3) Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and

(4) Use property and personnel of the government except when the sanggunian member concerned is
defending the interest of the government.

 RA 6713, Sec. 7 (b) (2)

Page 26 of 27
 Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and
employees now prescribed in the Constitution and existing laws, the following shall constitute
prohibited acts and transactions of any public official and employee and are hereby declared to be
unlawful:

(b) Outside employment and other activities related thereto. - Public officials and employees during their
incumbency shall not:

(2) Engage in the private practice of their profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with their official functions;

 Rule XVIII, Section 12, Revised Civil Service Rules, cf. Memorandum Circular No. 17, s. 1986
http://www/gov.ph/1986/09/04/memorandum-circular-no-17-s-1986/
 Catu vs. Rellosa, A.C. No. 5738, February 19, 2008

Page 27 of 27