Professional Documents
Culture Documents
AND
JUDICIAL ETHICS
2016 GOLDEN NOTES
UNIVERSITY OF SANTO TOMAS
FACULTY OF CIVIL LAW
MANILA
The UST GOLDEN NOTES is the annual student-edited bar
review material of the University of Santo Tomas, Faculty of
Civil Law. Communications regarding the NOTES should be
addressed to the Academics Committee of the Team: Bar-Ops.
Academics Committee
Faculty of Civil Law
University of Santo Tomas
España, Manila 1008
All Rights Reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical
and Royal University of Santo Tomas, the Catholic University of the Philippines.
2016 Edition
A copy of this material without the corresponding code either proceeds from an illegal
source or is in possession of one who has no authority to dispose the same.
No.____________
TEAM: BAR-OPS
MAXIMILLAN JEAN T. PEROLA CHAIRPERSON
GEZELYN SP. BANIHIT VICE-CHAIRPERSON
CAMILLE ARIANNE A. VERMUG SECRETARY
JANN PATRICIA M. TORRES ASST. SECRETARY
NIKKI MEI Q. KO HEAD, PUBLIC RELATIONS OFFICER
KAROL PAULINE C. MALUBAY ASST. HEAD, PUBLIC RELATIONS OFFICER
RHOSE AZCELLE L. MAGAOAY HEAD, FINANCE COMMITTEE
CLARICE ANGELINE V. QUESTIN ASST. HEAD, FINANCE COMMITTEE
JINNY M. APOSTOL HEAD, HOTEL ACCOMMODATIONS COMMITTEE
ASST. HEAD, HOTEL ACCOMMODATIONS
WLMALYN HERNANDEZ
COMMITTEE
ASST. HEAD, HOTEL ACCOMMODATIONS
REA MAE M. DIOCALES
COMMITTEE
FRANCIS XAVIER N. ENRIQUEZ HEAD, LOGISTICS COMMITTEE
JOCHRIS DANIEL Z. GUADES ASST. HEAD, LOGISTICS COMMITTEE
RALPH LOUIES O. MERCADO ASST. HEAD, LOGISTICS COMMITTEE
ACADEMIC OFFICIALS
For being our guideposts in understanding the intricate sphere of Legal and
Judicial Ethics.
- Academics Committee 2016
DISCLAIMER
I. JUDICIAL ETHICS
A. Sources 136
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft) 136
2. Code of Judicial Conduct 137
B. Qualities 143
1. Independence 143
2. Integrity 146
3. Impartiality 149
4. Propriety 155
5. Equality 165
6. Competence and diligence 167
C. Discipline of members of the Judiciary 173
1. Members of the Supreme Court 173
Impeachment 173
Ethical Lessons from Former Chief Justice Corona’s Impeachment 174
2. Lower court judges and justices of the Court of Appeals and Sandiganbayan 176
(Rule 140)
3. Grounds 177
4. Impeachment (ethical aspects) 183
5. Sanctions imposed by the Supreme Court on erring members of the Judiciary 184
D. Disqualification of Justices and Judges (Rule 137) 186
1. Compulsory 186
2. Voluntary 186
E. Powers and Duties of Courts and Judicial Officers (Rule 135) 187
F. Court Records and General Duties of Clerks and Stenographer (Rule 136) 189
G. Legal Fees (Rule 141) 191
1. Manner of payment 191
2. Fees in lien 192
3. Persons authorized to collect legal fees 192
H. Costs 195
1. Recovery of costs (Rule 142) 195
Prevailing party 195
Dismissed appeal or action 195
Frivolous appeal 195
False allegations 195
Non-appearance of witness 195
PRACTICE OF LAW
Q: Judge Cristina has many law-related claim an honest mistake of fact as a valid
activities. She teaches law and delivers lectures justification. In spite of this knowledge, he chose to
on law. Some people in the government consult continue practicing law without taking the
her on their legal problems. She also serves as necessary steps to complete all the requirements for
director of a stock corporation devoted to penal admission to the Bar, he willfully engaged in the
reform, where she participates in both fund unauthorized practice of law (In Re: Petition to sign
raising and fund management. Which of the in the Roll of Attorneys Michael Medado, B.M. No.
aforesaid activities is she allowed to do? (2011 2540, September 24, 2013).
Bar Question)
Q: Evelyn works as a court stenographer at the
A: She can teach and deliver lectures on law (Sec. Regional Trial Court of Legaspi City. One day,
10(a) Canon 4 New Code of Judicial Conduct) but she Evelyn offered to extrajudicially settle the estate
cannot give legal advice since it is considered as of the mother of her friend, Leticia. Evelyn was
practice of law to which judges are prohibited to do paid for her services. Leticia later on learned
(Sec. 11 Canon 4, New Code of Judicial Conduct). Also, that Evelyn had no authority to settle her
she cannot serve as director of a stock corporation deceased mother's estate as she was not even a
since the same is incompatible with the diligent lawyer but an ordinary court employee.
discharge of judicial duties (Sec. 7 Canon 6, New Code Consequently, Leticia filed an administrative
of Judicial Conduct). She can be a director of her case against Evelyn.
Family Corporation but not part of the management.
Does the preparation of an extrajudicial
Q: Medado passed the bar exams in 1979 and settlement of estate constitute practice of law?
took the Attorney’s Oath at PICC. He was
scheduled to sign in the Roll of Attorneys but he A: Yes. The preparation of an extrajudicial
failed to do so on his scheduled date, allegedly settlement of the estate constitutes “practice of law”
because he had misplaced the Notice to Sign the as defined in the case of Cayetano v. Monsod. Not
Roll of Attorneys given by the Office of the Bar being a lawyer, Evelyn had no authority to prepare
Confidant when he went home to his province and finalize an extrajudicial settlement of estate.
for a vacation. Several years later, Medado found Worse, she even received money from Leticia for
the Notice and then realized that what he signed her services. In preparing and finalizing the
at the PICC was merely an attendance record. In extrajudicial settlement of estate and receiving
2012, Medado filed the instant Petition, praying compensation for the same even when she is not a
that he be allowed to sign in the Roll of lawyer, Evelyn is guilty of simple misconduct
Attorneys. punishable under Sec. 52(B)(2) of the Revised
Uniform Rules on Administrative Cases in the Civil
a. Should his petition be allowed? Service.
b. Did he engage in unauthorized practice of
law? Evelyn is a court employee whose conduct must
always be beyond reproach from any suspicion that
A: may taint the judiciary. Evelyn is expected to exhibit
a. Yes. At the outset, not allowing Medado to sign the the highest sense of honesty and integrity not only
Roll of Attorneys would be akin to imposing upon in the performance of her official duties but also in
him the ultimate penalty of disbarment, a penalty her personal and private dealings with other people
that is reserved for the most serious ethical to preserve the court's good name and standing
transgressions of members of the Bar. Medado (Arienda v. Monilla, Court Stenographer, RTC, A.M.
demonstrated good faith and good moral character No. P-11-2980, June 10, 2013).
when he finally filed the instant Petition to Sign in
the Roll of Attorneys. It was not a third party who Persons excluded in the term “Practicing
called the Court’s attention to petitioner’s omission; Lawyer”
rather, it was Medado himself who acknowledged
his own lapse, albeit after the passage of more than 1. Government employees and incumbent elective
30 years. officials are not allowed to practice;
2. Lawyers who by law are not allowed to appear
b. Yes. Medado may have at first operated under an in court;
honest mistake of fact when he thought that what he 3. Supervising lawyers of students enrolled in law
had signed at the PICC entrance before the oath- student practice in duly accredited legal clinics
taking was already the Roll of Attorneys. However, of law schools and lawyers of Non-Government
the moment he realized that what he had signed was Organizations (NGOs) and People’s
merely an attendance record, he could no longer Organizations (POs) who by the nature of their
NOTE: Claims in action of assumpsit are ordinarily The legal profession is not a business. It is not a
divided into (a) common or indebitatus assumpsit, money-making trade similar to that of a
brought usually on an implied promise, and (b) businessman employing a strategy for the purpose
special assumpsit, founded on an express promise. of monetary gain. It is a sacred profession imbued
with public interest whose primary objective is
12. Pro Se public service, as it is an essential part in the
administration of justice and a profession in pursuit
A party to a lawsuit, who represents himself, is of which pecuniary reward is considered merely
appearing in the case "pro se." incidental.
supplement the Rules promulgated by the Supreme by the proper authority; and
Court regulating the practice of law. c. Completion of all fourth year subjects in the
Bachelor of Laws academic program in a law
Who may practice law school duly recognized by the
Philippine Government.
Any person heretofore duly admitted as a member d. Present proof of completing a separate
of the bar, or hereafter admitted as such in bachelor’s degree.
accordance with the provisions of the rule, and who
is in good and regular standing, is entitled to A Filipino citizen who completed and obtained his
practice law (Sec. 1, Rule 138, Rules of Court). or her degree in Bachelor of Laws or its equivalent
in a foreign law school must also present proof of
Requirements for admission to the Bar completion of a separate bachelor’s degree (Bar
Matter No. 1153, Re: Letter of Atty. Estelito P.
Under Sections 2, 5 and 6 of Rule 138, the applicant Mendoza Proposing Reforms in the Bar Examinations
must be [C21-GRENAPOS]: through Amendments to Rule 138 of the Rules of
Court, March 9, 2010).
1. a Citizen of the Philippines;
2. At least 21 years of age; Q: Ching was born on April 1964 to a Filipino
3. Of Good moral character; mother and Chinese father. He was conditionally
4. a Resident of the Philippines; allowed to take the bar examination because of
5. Must produce before the SC satisfactory questions arising to his citizenship. Upon
Evidence of good moral character; passing the bar, he was required to present
6. No charges against him, involving moral further proof of citizenship and was not allowed
turpitude, have been filed or are pending in any to take the Oath. Can he elect Philippine
court in the Philippines (Sec. 2, Rule 138, RRC) citizenship, 14 years after reaching the age of
7. Must have complied with the Academic majority (required under the 1935
requirements; Constitution)?
8. Must Pass the bar examinations;
9. Take the lawyer’s Oath A: No. Ching is not qualified to be a lawyer for
10. Sign the Roll of Attorneys. having elected Philippine citizenship 14 years after
reaching the age of majority. Ching offered no
NOTE: Being allowed to take the bar examinations, reason why he delayed the election of Philippine
and consequently passing the bar, does not citizenship. The procedure is not a tedious process.
necessarily entail being allowed to take the lawyer’s All that is required is to execute an affidavit and file
oath of office. the same in the nearest registry (In Re: Application
for Admission to the Philippine Bar of Vicente Ching,
Admission to Philippine Bar B.M. 914, October 1, 1999).
Passing the Bar examination is not sufficient for Q: Atty. Melendrez filed a petition to disqualify
admission of a person to the Philippine Bar. He still Meling from taking the bar exams and to impose
has to take the oath of office and sign the Roll of disciplinary penalty as a member of the Shari'a
Attorney’s as prerequisites to admission. Bar. He alleged that in his application to take the
bar, Meling failed to disclose the fact that he has
The 5 Strike Rule in taking the Bar 3 pending criminal cases. Also, Meling has been
using the title “Attorney" in his communications
The Former 5-Strike Rule was lifted by the Supreme as secretary to the Mayor. Should Meling be
Court en banc in a resolution on September 3, 2013. disqualified from admission to the Bar?
Thus, to this day, the taking of the bar has no limit.
A: Yes. Meling's deliberate silence and non-
Requirements for a Filipino who graduated from revelation of his pending criminal cases constitute
a foreign law school to be admitted to the Bar concealment. The disclosure requirement is
imposed to determine whether there is satisfactory
He may be admitted to the bar only upon evidence of good moral character of the applicant.
submission to the Supreme Court of certifications By concealing the existence of such cases, the
showing: applicant flunks the test of fitness even if the cases
are ultimately proven unwarranted or insufficient
a. Completion of all courses leading to the degree to impugn or affect the good moral character of the
of Bachelor of Laws or its equivalent degree; applicant. Further, it was highly improper for
b. Recognition or accreditation of the law school Meling, as member of the Shari'a Bar, to use the title
"Attorney". Only members of the Philippine Bar, A: Yes. The practice of law is a privilege granted
who have obtained the necessary degree in the only to those who possess the strict intellectual and
study of law and successfully passed the bar exams, moral qualifications required of lawyers who are
been admitted to the IBP and remain members in instruments in the effective and efficient
good standing are authorized to practice law and administration of justice. The SC recognizes that Mr.
thus use the title (In Re: Disqualification of Bar Argosino is not inherently of bad moral fiber given
Examinee Haron S. Meling, B.M. No. 1154, June 8, the various certifications that he is a devout Catholic
2004). with a genuine concern for civic duties and public
service and that it has been proved that he has
Q: Mike Adelantado disclosed in his petition to exerted all efforts to atone for the death of Raul and
take the 2003 bar examinations that there were the court gave him the benefit of the doubt, taking
two civil cases pending against him for judicial notice of the general tendency of youth to be
nullification of contract and damages. He was rash, temerarious and uncalculating (Re: Petition of
conditionally allowed to take the bar, and Al Argosino to Take the Lawyer’s Oath, B.M. No.
subsequently placed third in the said exams. In 712, March 19, 1997).
2004, after the two civil cases had been
resolved, Mike Adelantado filed his petition to Good moral character is a continuing
take the Lawyer’s Oath and sign the Roll of requirement
Attorneys before the Supreme Court. The Office
of the Bar Confidant, however, had received two The nature of the office of an attorney requires that
anonymous letters: the first alleged that at the a lawyer shall be a person of good moral character.
time Adelantado filed his petition to take the Since this qualification is a condition precedent to a
bar, he had two other civil cases pending against license to enter upon the practice of law, the
him, as well as a criminal case for violation of maintenance thereof is equally essential during the
B.P. 22; the other letter alleged that Adelantado, continuance of the practice and the exercise of the
as Sangguniang Kabataan Chairperson, had privilege (Grande v. Atty. De Silva, A.C. No. 4838, July
been signing the attendance sheets of SK 29, 2003).
meetings as “Atty. Mike Adelantado.” Having
passed the Bar, can Mike already use the Well-settled is the rule that good moral character is
appellation “attorney”? Explain your answer. not only a condition precedent for admission to the
legal profession, but it must also remain intact in
A: No. Passing the Bar examination is not sufficient order to maintain one’s good standing in that
for admission of a person to the Philippine Bar. He exclusive and honored fraternity (Tapucar v.
still has to take the oath of office and sign the Tapucar, A.C. No. 4148, July 30, 1998).
Attorney’s Roll as prerequisites to admission. Only
those who have been admitted to the Philippine Bar The requirement of good moral character has
can be called “Attorney." Further, he should not be four general purposes, namely:
allowed to take his oath and sign the Attorney’s Roll.
Rule 7.01 of the Code of Professional Responsibility 1. To protect the public
provides that “a lawyer shall be answerable for 2. To protect the public image of lawyers
knowingly making a false statement or suppressing 3. To protect prospective clients
a material fact in connection with his application for 4. To protect errant lawyers from themselves
admission to the Bar” (Alawi v. Alauya, A.M. No. SDC-
97-2-P, February 4, 1997). Each purpose is as important as the other (Garrido
v. Attys. Garrido and Valencia, A.C. No. 6593,
Q: Argosino passed the bar examinations held in February 4, 2010).
1993. The Court, however, deferred his oath-
taking due to his previous conviction for Practice of law by the clerk of court
Reckless Imprudence Resulting in Homicide.
The criminal case, which resulted in Argosino’s GR: The practice of law by a clerk of court is not
conviction, arose from the death of a neophyte allowed, except isolated practice.
during fraternity initiation rites. Various
certifications showed that he is a devout XPNs:
Catholic with a genuine concern for civic duties 1. Written permission which must be approved by
and public service. Also, it has been proven that the Supreme Court and;
Mr. Argosino has exerted all efforts to atone for 2. Approved leave of absence with justifiable
the death of Raul. Should Argosino be allowed to reasons.
take his lawyer's oath?
Q: Atty. Ladaga, a clerk of court, appeared as The appearance of the law student authorized by
counsel for and in behalf of his cousin in a this rule, shall be under the direct supervision and
criminal case for falsification of public control of a member of the Integrated Bar of the
documents before the MeTC of Quezon City. The Philippines duly accredited by the law school. Any
appearance of Atty. Ladaga in said case was and all pleadings, motions, briefs, memoranda or
without the previous permission of the Court. other papers to be filed, must be signed by the
Did Atty. Ladaga violate the Code of Conduct and supervising attorney for and in behalf of the
Ethical Standards for Public Officials and legal clinic (Sec. 2, Rule 138-A).
Employees by engaging in private practice?
NOTE: The law student shall comply with the
A: Yes. "Private practice" of a profession, which is standards of professional conduct governing
prohibited, does not pertain to an isolated court members of the Bar. Failure of an attorney to
appearance; rather, it contemplates a succession of provide adequate supervision of student practice
acts of the same nature habitually or customarily may be a ground for disciplinary action (Circular
holding one's self to the public as a lawyer. It is true No.19, dated December 19, 1986).
that he filed leave applications corresponding to the
dates he appeared in court but he failed to obtain a The law student shall comply with the standards of
prior permission from the head of the Department professional conduct governing members of the
(OCA v. Atty. Ladaga, A.M. No. P-99-1287, January 26, Bar. Failure of an attorney to provide adequate
2001). supervision of student practice may be a ground for
disciplinary action (Circular No.19, dated December
APPEARANCE OF NON-LAWYERS 19, 1986).
A: Yes. The law recognizes the right of an individual 4. Any official or other person appointed or
to represent himself in any case to which he is a designated to appear for the Government of the
party. The Rules state that a party may conduct his Philippines in accordance with law (Sec. 33,
litigation personally or with the aid of an attorney, Rule 138, RRC).
and that his appearance must either be personal or
by a duly authorized member of the Bar. The NOTE: Such person shall have all the rights of a
individual litigant may personally do everything in duly authorized member of the Bar to appear in
the course of proceedings from commencement to any case in which said government has a direct
the termination of the litigation. Cruz as plaintiff, at or indirect interest. (Sec. 33, Rule 138, RRC).
his own instance, can personally conduct the
litigation of his case. He would then be acting not as Party’s Right to Self-Representation
a counsel or lawyer, but as a party exercising his
right to represent himself. A party’s representation on his own behalf is not
considered to be a practice of law as "one does not
The trial court must have been misled by the fact practice law by acting for himself, any more than he
that Cruz is a law student and must, therefore, be practices medicine by rendering first aid to himself”
subject to the conditions of the Law Student Practice (Maderada v. Mediodea, A.M. No. MTJ-02-1459,
Rule. It erred in applying Rule 138-A, when the basis October 14, 2003).
of Cruz's claim is Section 34 of Rule 138. The former
rule provides for conditions when a law student Therefore, a person can conduct the litigation of the
may appear in courts, while the latter rule allows cases personally. He is not engaged in the practice
the appearance of a non- lawyer as a party of law if he represents himself in cases in which he
representing himself (Cruz v. Mijares, et a., G.R. No. is a party. By conducting the litigation of his own
154464, September 11, 2008). cases, he acts not as a counsel or lawyer but as a
party exercising his right to represent himself.
NON-LAWYERS IN COURT Certainly, he does not become a counsel or lawyer
by exercising such right (Santos v. Judge Lacurom,
Non-lawyers in court A.M. No. RTJ-04-1823, August 28, 2006).
The following are the instances whereby non- Party-Litigant representing himself
lawyers may appear in court:
In civil cases, an individual litigant has the right to
1. Cases before the MTC: A party to the litigation, conduct his litigation personally.
may conduct his own case or litigation in
person, with the aid of an agent or friend In criminal cases, in grave and less grave offenses,
appointed by him for that purpose (Sec. 34, Rule an accused who is a layman must always appear by
138, RRC); counsel; he cannot conduct his own defense without
violating his right to due process of law. the Court of Appeals, Atty. John questioned Eric’s
continued appearance before that court on
NOTE: Where an accused was not duly represented Luisa’s behalf, he not being a lawyer. Is Eric's
by a member of the Bar during trial, the judgment appearance before the Court of Appeals valid?
should be set aside, and the case remanded to the (2011 Bar Question)
trial court for a new trial (People v. Santocildes, Jr.,
G.R. No. 109149, December 21, 1999). A: No. The practice of law is only reserved for those
qualified for the same. Eric’s appearance in court on
With regard to a juridical person, it must always behalf of another is not sanctioned by the rules. A
appear in court through a duly licensed member of non-lawyer may only be allowed to appear in court
the bar, except before MTC where it may be if he is representing himself not that of another (Sec.
represented by its agent or officer who need not be 34, Rule 138, RRC).
a lawyer.
Q: Kanlaon Construction and Reluya, et al. cases
Limits on the appearance of non-lawyers were assigned before two labor arbiters.
Without written authority to represent Kanlaon
1. He should confine his work to non-adversary Construction, the engineers who were co-
contentions; defendants of Kanalaon, admitted the
2. He should not undertake purely legal work, complaints against them. Consequently, the
such as the examination or cross- examination labor arbiters adjudicated the case in favor of
of witnesses, or the presentation of evidence; Reluya et al. Can the engineers represent their
and co-defendant in the labor cases?
3. His services should not be habitually rendered.
He should not charge or collect attorney’s fees A: No, the appearance of the engineers on behalf of
(PAFLU v. Binalbagan Isabela Sugar Co., G.R. No. Kanlaon Construction required written proof of
L-23959, November 29, 1971). authorization. It was incumbent upon the arbiters to
ascertain his authority especially since both
NON-LAWYERS IN ADMINISTRATIVE TRIBUNAL engineers were named co-respondents in the cases
before the arbiters. Absent this authority, whatever
1. Under the Labor Code, non-lawyers may appear statements and declarations the engineers made
before the NLRC or any Labor Arbiter, if: before the arbiters could not bind Kanlaon.
the latter’s consent (Sec. 17, Rule of Procedure as collaborating counsel. There is no proof that the
for Small Claims Cases). OGCC and COA approved their engagement as legal
counsel or collaborating counsel. In the case of Atty.
2. Proceedings before the Katarungang I, he also appeared as counsel of KWD without
Pambarangay - During the pre-trial conference authority, after his authority as its counsel had
under the Rules of Court, lawyers are expired.
prohibited from appearing for the parties.
Parties must appear in person only except Under Section 27, Rule 138 of the Rules of Court, a
minors or incompetents who may be assisted member of the Bar may be disbarred or suspended
by their next of kin who are not lawyers (P.D. from his office as attorney by the Supreme Court for
No. 1508, Formerly Sec. 9; Local Government corruptly or willfully appearing as an attorney for a
Code of 1991, R.A. 7160, Sec. 415). party to a case without authority to do so.
Disbarment, however, is the most severe form of
SANCTIONS FOR PRACTICE OR disciplinary sanction, and, as such, the power to
APPEARANCE WITHOUT AUTHORITY disbar must always be exercised with great caution,
and should be imposed only for the most imperative
Remedies against practice of law without reasons and in clear cases of misconduct affecting
authority [ICE-DA] the standing and moral character of the lawyer as an
officer of the court and member of the Bar.
1. Petition for Injunction; Accordingly, disbarment should not be decreed
2. Contempt of court; where any punishment less severe such as a
3. Criminal complaint for Estafa against a person reprimand, suspension or fine, would accomplish
who falsely represented himself to be an the end desired (Vargas v. Atty. Ignes, Atty. Mann,
attorney to the damage of a party; Atty. Viajar and Atty. Nadua, A.C. No. 8096, July 5,
4. Disqualification and complaints for 2010).
disbarment; or
5. Administrative complaint against the erring Q: In one civil case, AMC filed a third-party
lawyer or government official. complaint against MBC. The trial court set the
case for pre-trial on February 7, 2004, but the
Q: KWD, a GOCC, hired respondent, Atty. I, as same was cancelled. During the subsequent pre-
private legal counsel for one (1) year effective trial, the counsels for the parties were asked to
with the consent of the Office of the Government produce their respective authorizations to
Corporate Counsel (OGCC) and the Commission appear at said hearing. Atty. X, counsel for the
on Audit (COA). The controversy erupted when MBC, manifested that her authority to appear for
two (2) different groups, herein referred to as MBC was submitted at the first pre-trial hearing
the Dela Peña board and Yaphockun board, laid way back in 2004. The counsel was given the
claim as the legitimate Board of Directors of chance to go over the records to look for the
KWD. Dela Peña board appointed respondents Secretary’s Certificate allegedly submitted in
Atty. N, V and M as private collaborating 2004, but she failed to show any written
counsels for all cases of KWD and its Board of authority. As a result, the trial court declared
Directors, under the direct supervision and MBC in default. Was there any grave abuse of
control of Atty. I. Meanwhile, the OGCC had discretion on the part of the trial court?
approved the retainership contract of Atty. C as
new legal counsel of KWD and stated that the A: No. MBC failed to substantiate its sole excuse for
retainership contract of Atty. I had expired. The its counsel’s apparent lack of authority to be its
termination of Atty. I’s contract was said to be representative during the pre-trial conference. To
justified by the fact that the Local Water Utilities be sure, if indeed there was such an authority
Administration had confirmed the Yaphockun previously executed by MBC in favor of its counsel
board as the new Board of Directors of KWD and as early as the pre-trial conferences that MBC
that said board had terminated Atty. I’s services alleges to have taken place on February 27, 2004
and requested to hire another counsel. and April 16, 2004, this fact would have been easily
Complainants then filed a disbarment complaint proven by MBC. Such document conveying
against counsels V and M alleging that authority – having originated from and issued by
respondents acted as counsel for KWD without MBC itself – would have been produced with
legal authority. Are their contentions tenable? relative facility. It, however, failed to produce this
document before the court a quo, the appellate
A: Yes. Attys. N, V and M had no valid authority to court and this Court. As fairly observed by AMC, the
appear as collaborating counsels of KWD. Nothing in SPA later submitted by MBC’s counsel is dated
the records shows that Atty. N was engaged by KWD
1. Petition for Injunction; 2. Indirect – One committed away from the court
2. Contempt of court; involving disobedience of or resistance to a
3. Criminal complaint for Estafa against a person lawful writ, process, order, judgment or
who falsely represented himself to be an command of the court, or tending to belittle,
attorney to the damage of a party; degrade, obstruct, interrupt or embarrass the
court; not summary in nature.
Sanctions for persons who are not lawyers
3. Civil – It is the failure to do something ordered
They shall be punished with contempt of court, to be done by a court or a judge for the benefit
severe censure and three (3) months imprisonment of the opposing party therein. It is remedial in
because of the highly fraudulent and improper nature.
conduct tending directly to impede, obstruct,
degrade, and make a mockery of the administration 4. Criminal – Conduct directed against the
of justice (Manangan v. CFI, G.R. No. 82760, August authority and dignity of a court or of a judge, as
30, 1990; Lapena, 2009). in unlawfully assailing or discrediting the
authority or dignity of a court or of a judge, or
A person who has been refused admission to the bar in doing a duly forbidden act. Intent is
by order of the Supreme Court but nonetheless necessary.
attempts to practice law is guilty of indirect
contempt (2014 Bar Question). NOTE: Where the punishment imposed,
whether against a party to a suit or a stranger,
NOTE: A disbarred lawyer still appearing in court is is wholly or primarily to protect or vindicate the
guilty of indirect contempt (Lemoine v. Atty. Balon, dignity and power, either by fine payable to the
Jr., A.C. No. 5829, October 28, 2003). government or by imprisonment, or both, it is
deemed a judgment in criminal case.
CONTEMPT OF COURT
Where the punishment is by fine directed to be
Power of Contempt vs. Power to Disbar paid to a party in the nature of damages for the
wrong inflicted, or by imprisonment as coercive
The power to punish for contempt and the power to measure to enforce the performance of some
disbar are separate and distinct, and that the act for the benefit of the party or in aid of the
exercise of one does not exclude the exercise of the final judgment or decree rendered in his behalf,
other (People v. Godoy, G.R. Nos. 115908-09, March the contempt judgment will, if made before final
29, 1995). decree, be treated as in the nature of an
interlocutory order.
A: Distinction should be made. If Atty. Z refuses to A lawyer shall not, after leaving government service,
testify on formal matters, like mailing, accept engagement or employment in connection
authentication or custody of documents, he can be with any matter in which he had intervened while in
cited for direct contempt (under Section 1, Rule 71 said service (Canon 6, Rule 6.03, CPR).
of the Rules of Court) for refusal to be a witness.
However, if the matter to be testified is substantial, The evil sought to be avoided by this provision is the
he cannot be guilty of contempt or any violation of possibility of a lawyer who just retired, resigned or
his duty to the court, based on Rule 12.08, Code of separated from the government of using his
Professional Responsibility. influence for his own private benefit (Antiquiera,
1992).
PUBLIC OFFICIALS AND THE
PRACTICE OF LAW Theories relating to the disqualification of
former government lawyers in representing a
Public Officials client on a matter in which they intervened
when they were in office
Includes elective or appointive officials and
employees, permanent or temporary, whether in 1. Adverse-Interest Conflict – A former
the career or non-career service, including military government lawyer is enjoined from
and police personnel, whether or not they receive representing a client in private practice in a
compensation, regardless of amount (Sec. 3 (b), R.A. matter which is substantially related to another
No. 6713, Code of Conduct and Ethical Standards for matter which the former dealt with while
Public Officials and Employees). employed by the government, and if the
interests of the current and former clients are
Prohibited acts or omissions of public officers adverse.
1. Judges and other officials and employees of the 3. Under Sec. 1, R.A. 910, as amended, a retired
Supreme Court (Sec. 35, Rule 148, RRC). justice or judge receiving pension from the
2. Officials and employees of the OSG (Ibid.) government, cannot act as counsel:
3. Government Prosecutors (People v. Villanueva, a. In any civil case in which the Government,
G.R. No. L-19450, May 27, 1965). or any of its subdivision or agencies is the
4. President, Vice-President, Members of the adverse party; or
Cabinet, their deputies and assistants (Sec. 13, b. In a criminal case wherein an officer or
Art VII, 1987 Constitution). employee of the Government is accused of
5. Members of the Constitutional Commission an offense in relation to his office; nor
(Sec. 2, Art IX-A, 1987 Constitution). c. Collect any fees for his appearance in any
6. Civil Service Officers or employees whose administrative proceedings to maintain an
duties and responsibilities require that their interest adverse to the government,
entire time be at the disposal of the government provincial or municipal, or to any of its
(Ramos v. Rada, A.M. No. 202, July 22, 1975) legally constituted officers (Sec. 1, R.A. 910).
7. Ombudsman and his deputies (Sec. 8 [second
par.], Art. IX, 1987 Constitution). 4. Civil service officers and employees without
8. All governors, city and municipal Mayors (Sec. permit from their respective department heads
90, R.A. No. 7160). (Noriega v. Sison, A.M. No. 2266, October 27,
9. Those prohibited by Special laws. 1983).
Restrictions on the Practice of Law on Certain 5. A former government attorney cannot, after
individuals (Relative Prohibition) leaving government service, accept
engagement or employment in connection with
1. No Senator or member of the House of any matter in which he had intervened while in
Representatives may personally “appear” as the said service (Rule 6.03, CPR).
counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other Q: Atty. Sagucio was the former Personnel
administration bodies (Sec. 14, Art. VI, 1987 Manager and Retained Counsel of Taggat
Constitution). Industries Inc. until his appointment as
Assistant Provincial Prosecutor of Tuguegarao.
NOTE: What is prohibited is to “personally Taggat Industries was sequestered by the PCGG
appear” in court and other bodies. The word and thus ceased its operations. As Assistant
“appearance” includes not only arguing a case Provincial Prosecutor, he was assigned to
before any such body but also filing a pleading conduct the preliminary investigation over a
on behalf of a client as “by simply filing a formal criminal case filed against Taggat Industries. He
motion, plea, or answer.” recommended the filing of 651 Informations for
violation of the Labor Code. He was then charged
2. Under the Local Government Code (Sec. 91, RA for violating Rule 15.03 of the Code of
7160), Sanggunian members may practice their Professional Responsibility and for defying the
professions provided that if they are members prohibition against private practice of law while
of the Bar, they shall NOT: working as government prosecutor. Is Atty.
a. Appear as counsel before any court in any Sagucio guilty of engaging in private practice of
civil case wherein a local government unit law while working as an Assistant Provincial
or any office, agency, or instrumentality of Prosecutor?
the government is the adverse party
b. Appear as counsel in any criminal case A: Yes. “Private practice of law” contemplates a
wherein an officer or employee of the succession of acts of the same nature habitually or
national or local government is accused of customarily holding one’s self to the public as a
an offense committed in relation to his lawyer. Atty. Sagucio admitted that he rendered his
office legal services to complainant while working as a
c. Collect any fee for their appearance in government prosecutor. Even the receipts he signed
administrative proceedings involving the stated that the payments by Taggat were for
"Retainer’s fee.” Thus, as correctly pointed out by alterius. Since they are excluded from any
complainant, Atty. Sagucio clearly violated the prohibition, the presumption is that they are
prohibition in RA 6713. allowed to practice their profession. However, he
should procure prior permission or authorization
Atty. Sagucio’s violation of RA 6713 also constitutes from the head of his Department, as required by the
a violation of Rule 1.01 of Canon 1, which mandates Civil Service Regulations (Catu v. Rellosa, A.C. No.
that “[a] lawyer shall not engage in unlawful, 5738, February 19, 2008).
dishonest, immoral or deceitful conduct.” His
admission that he received from Taggat fees for LAWYERS AUTHORIZED TO REPRESENT
legal services while serving as a government THE GOVERNMENT
prosecutor is an unlawful conduct, which
constitutes a violation of Rule 1.01 (Lim- Santiago v. Lawyers authorized to represent the
Sagucio, A.C. No. 6705, March 31, 2006). government
NOTE: Violations of R.A. 6713 – the Code of Conduct Solicitor General (Sol. Gen.) for the National
and Ethical Standards for Public Officials and Government, and any person appointed to appear
Employees – are not subject to disciplinary action for the government of the Philippines in accordance
under the Code of Professional Responsibility with law (Sec. 33, Rule 138, RRC).
unless the violations also constitute infractions of
specific provisions of the Code of Professional In case of Local Government Units (LGU), they are
Responsibility. represented by a legal officer which provides legal
assistance or support to the mayor or governor and
Q: Atty. Eliseo represented Allan in a collection represents the LGU in all civil actions and special
suit against the Philippine Charity Sweepstakes proceedings wherein it or any of its officials are
Office (PCSO). After his election as Sangguniang involved in an official capacity (Sec. 481, LGC).
Bayan member, the court rendered a decision in
PCSO’s favor. Still, Atty. Eliseo appeared for NOTE: In criminal cases, the Sol. Gen. steps in only
Allan in the latter’s appeal, prompting the PCSO when the case has already reached the Court of
to question his right to do so. In response, Atty. Appeals. While it is with the lower courts, it is the
Eliseo claimed that the local government code public prosecutor which represents the
authorizes him to practice law as long it does not government.
conflict with his duties. Is Atty. Eliseo correct?
(2011 Bar Question) Duties of the Solicitor General
A: No. He cannot appear against a government The Solicitor General, in his discretion, may pursue
instrumentality in a civil case. any of the following actions:
LAWYER’S OATH but a sacred trust that every lawyer must uphold
and keep inviolable at all times.
I, _____(name)______________, of ____(permanent
address)_____________, do solemnly swear that I will DUTIES AND RESPONSIBILITIES
maintain allegiance to the Republic of the OF A LAWYER
Philippines, I will support and defend its
Constitution and obey the laws as well as the legal Four-fold duty of a lawyer
orders of the duly constituted authorities therein; I
will do no falsehood nor consent to its commission; I 1. Public/Society – He must not undertake any
will not wittingly or willingly promote or sue any action which violates his responsibility to the
groundless, false or unlawful suit nor give aid nor society as a whole, he must be an example in the
consent to the same; I will not delay any man’s cause community for his uprightness as a member of
for money or malice and will conduct myself as a the society. The lawyer must be ready to render
lawyer according to the best of my knowledge and legal aid, foster legal reforms, be a guardian of
discretion with all good fidelity as well to the courts due process, and aware of his special role in the
as to my clients and I impose upon myself this solution of special problems and be always
obligation voluntarily, without any mental ready to lend assistance in the study and
reservation or purpose of evasion. So help me God. solution of social problems (Canon 1-6, CPR).
Both cases are assigned to Judge Elrey. Although DUTIES AND RESPONSIBILITIES OF A
not the sole issue in the two cases, the statute of LAWYER TO SOCIETY
limitations issue is critical in both.
He has likewise violated the ethical responsibility NOTE: A lawyer’s oath to uphold the cause of justice
that his appearance in court should be deemed is superior to his duty to his client; its primacy is
equivalent to an assertion on his honor that, in his indisputable (Cobb-Perez v. Lantin, G.R. No. L-22320,
6. Lawyer taking advantage of his position as true value of the 263-square-meter lot he
chairman of the college of medicine and asked a mortgaged to her; (4) conspiring with Yulo to
lady student to go with him to Manila where he obtain the loans from complainants; (5)
had carnal knowledge of her under threat that agreeing or promising to pay 10% interest on
if she refused, she would flunk in all her his loans although he knew that it was
subjects. DISBARRED (Delos Reyes v. Aznar, A.M. exorbitant; and (6) failing to pay his loans
No. 1334, November 28, 1989). because the checks he issued were dishonored
7. Bigamy perpetrated by the lawyer. as the accounts were already closed. Is Atty.
DISQUALIFIED FROM ADMISSION TO THE BAR Solidum guilty of violating the Code of
(Royong vs. Oblena, A.C. No. 376, April 30, 1963). Professional Responsibility?
8. Concubinage coupled with failure to support
illegitimate children. SUSPENDED A: Yes. It is clear that Atty. Solidum violated Rule
INDEFINITELY (Laguitan v. Tinio, A.M. No. 3049, 1.01 of the Code of Professional Responsibility. We
December 4, 1989). have ruled that conduct, as used in the Rule, is not
9. Maintaining adulterous relationship with a confined to the performance of a lawyer’s
married woman. SUSPENDED INDEFINITELY professional duties. A lawyer may be disciplined for
(Cordova v. Cordova, A.M. No. 3249, November misconduct committed either in his professional or
29, 1989). private capacity. The test is whether his conduct
10. A retired judge who penned a decision 7 shows him to be wanting in moral character,
months after he retired, antedating the decision honesty, probity, and good demeanor, or whether it
and forcing his former court staff to include it in renders him unworthy to continue as an officer of
the expediente of the case. DISBARRED (Radjaie the court.
v. Alovera, A.C. No. 4748, August 4, 2000).
11. Forging a Special Power of Attorney. Atty. Solidum is guilty of engaging in dishonest and
SUSPENDED FOR 3 YEARS (Rural Bank of Silay, deceitful conduct, both in his professional capacity
Inc. v. Pilla, A.C. No. 3637, January 24, 2001). with respect to his client, Presbitero, and in his
12. Attempting to engage in an opium deal private capacity with respect to complainant
SUSPENDED FOR 1 YEAR (Piatt v. Abordo, 58 Navarro. Both Presbitero and Navarro allowed Atty.
Phil. 350, September 1, 1933). Solidum to draft the terms of the loan agreements.
13. Facilitating the travel of a person to the U.S. He drafted the MOAs knowing that the interest rates
using spurious travel documents. DISBARRED were exorbitant. Later, using his knowledge of the
(Sebastian v. Calis, A.C. No. 5118, September 9, law, he assailed the validity of the same MOAs he
1999). prepared. He issued checks that were drawn from
his son’s account whose name was similar to his
Acts NOT constituting gross immorality without informing complainants. Further, there is
nothing in the records that will show that he paid or
1. Stealing a kiss from a client (Advincula v. undertook to pay the loans he obtained from
Macabata, A.C. No. 7204, March 7, 2007). complainants (Navarro vs Solidum, Jr., A.C. No. 9872,
2. Live-in relationship involving two unmarried January 28, 2014).
persons.
3. Failure to pay a loan Q: Atty. XX rented a house of his cousin, JJ, on a
month-to-month basis. He left for a 6-month
GR: A lawyer may not be disciplined for failure study in Japan without paying his rentals and
to pay a loan. The proper remedy is the filing of electric bills while he was away despite JJ's
an action for collection of a sum of money in repeated demands. Upon his return to the
regular courts (Toledo v. Abalos, A.C. No. 5141, Philippines, Atty. XX still failed to settle his
September 29, 1999). rental arrearages and electric bills, drawing JJ to
file an administrative complaint against Atty.
XPN: A deliberate failure to pay just debts and XX. Atty. XX contended that his non-payment of
the issuance of worthless checks (Lao v. Medel, rentals and bills to his cousin is a personal
A.C. No. 5916, July 1, 2003). matter which has no bearing on his profession
as a lawyer and, therefore, he did not violate the
Q: In a case for disbarment against Atty. Ivan M. Code of Professional Responsibility. Is Atty. X's
Solidum, Jr., the IBP-CBD found that he contention in order? Explain. (2010 Bar
committed the following acts: (1) signing drawn Question)
checks against the account of his son as if they
were from his own account; (2) misrepresenting A: No. In a case involving the same facts, the
to Navarro the identity of the lot he mortgaged Supreme Court held that having incurred just debts,
to her; (3) misrepresenting to Presbitero the a lawyer has the moral duty and legal responsibility
to settle them when they become due. “Verily disposition of the case and to evade the
lawyers must at all times faithfully perform their consequences of his actions. His cavalier attitude in
duties to society, to the bar, to the court and to their repeatedly ignoring the orders of the Supreme
clients. As part of their duties, they must promptly Court constitutes utter disrespect to the judicial
pay their financial obligations” (Wilson Cham v. Atty. institution. Respondent’s conduct indicates a high
Eva Pata-Moya, 556 SCRA 1). degree of irresponsibility (Bunagan-Bansig v.
Celera, A.C. No. 5581, January 14, 2014).
NOTE: Just debts include unpaid rentals, electric
bills, claims adjudicated by a court of law, and Q: Maria Victoria Ventura filed an
claims the existence and justness which are administrative complaint against Atty. Danilo
admitted by the debtor (Cham v. Paita-Moya, A.C. Samson for allegedly for raping her when she
No.7494, June 27, 2008). was merely 13 years old. Atty. Samson admitted
that they had a sexual relationship but
Morality v.Immoral Conduct countered that such was done with mutual
agreement and in consideration of money. Did
MORALITY IMMORAL CONDUCT Atty. Samson’s act constitute “grossly immoral
Morality as Immoral conduct has conduct” that would warrant his disbarment?
understood in law is a been defined as that
human standard conduct which is willful, A: Yes. Atty. Samson’s act of engaging in sex with a
based on natural flagrant, or shameless young lass, the daughter of his former employee,
moral law which is and which shows a moral constitutes gross immoral conduct that warrants
embodied in indifference to the sanction. He not only admitted he had sexual
man’s conscience opinion of the good and intercourse with complainant but also showed no
and which guides him respectable members of remorse whatsoever when he asserted that he did
to do good and avoid the community (Arciga v. nothing wrong because she allegedly agreed and he
evil. Maniwang, A.M. No. 1608, even gave her money. Indeed, his act of having
August 14, 1981). carnal knowledge of a woman other than his wife
manifests his disrespect for the laws on the sanctity
Q: Rose Bansig filed a complaint for disbarment of marriage and his own marital vow of fidelity.
against Atty. Celera. Celera was legally married Moreover, the fact that he procured the act by
to Bansig’s sister, Rosemarie Bunagan. enticing a very young woman with money showed
However, notwithstanding the marriage with his utmost moral depravity and low regard for the
Bunagan, Atty. Celera contracted another dignity of the human person and the ethics of his
marriage with a certain Ma. Cielo Paz Torres profession. He has violated the trust and confidence
Alba, as evidenced by a certified copy of the reposed on him by complainant, then a 13-year-old
certificate of marriage. Despite numerous minor, who for a time was under his care. Whether
efforts of Rose and the court, Atty. Celera, in his the sexual encounter between him and complainant
defense, repetitively stated that he had no was or was not with the latter’s consent is of no
knowledge of the complaint since he has yet to moment. Such conduct is a transgression of the
receive a copy of it. Is the contention of Atty. standards of morality required of the legal
Celera tenable? profession and should be disciplined accordingly
(Ventura v. Samson, A.C. No. 9608, November 27,
2012).
A: No. He exhibited a deplorable lack of that degree
of morality required of him as a member of the Bar.
Q: Catherine filed a case for disbarment against
He made a mockery of marriage, a sacred institution
Atty. Rongcal based on gross immoral conduct
demanding respect and dignity.
alleging that he misrepresented himself to be
single when he was in fact married, and due to
Also, we take notice of Atty. Celera’s defiant stance the false pretenses she succumbed to his sexual
against the Court as demonstrated by his repetitive advances. Will her petition prosper?
disregard of its Resolution requiring him to file his
comment on the complaint. This case has dragged A: Yes. Good moral character is a continuing
on since 2002. Even assuming that indeed the copies condition in a privilege of law practice. The mere
of the complaint had not reached him, he cannot, fact of sexual relation between two unmarried
however, feign ignorance that there is a complaint adults is not sufficient to warrant administrative
against him that is pending before this Court which sanction for such illicit behavior, it is with respect to
he could have easily obtained a copy had he wanted betrayal of the marital vow of fidelity. Atty. Rongcal
to. His acts were deliberate, maneuvering the is guilty of immorality in violation of Rule 1.01 that
liberality of the Court in order to delay the a lawyer should not engage in unlawful, dishonest,
UNIVERSITY OF SANTO TOMAS
21 FACULTY OF CIVIL LAW
LEGAL ETHICS
immoral or deceitful conduct. But his remorse over grossly immoral. A grossly immoral act is one that is
his indiscretion and the fact of ending the illicit so corrupt and false as to constitute a criminal act or
relationship mitigates the liability. Hence a penalty so unprincipled or disgraceful as to be
of imposing a fine will suffice with a warning that reprehensible to a high degree (Figueroa v.
the same will be dealt with more severely (Vitug v. Barranco, Jr., SBC Case No. 519, July 31, 1997).
Rongcal, A.C. No. 6313, September 7, 2006).
Moral turpitude
Q: An administrative complaint for disbarment
was filed against Atty. Iris for allegedly carrying Moral turpitude imports an act of baseness, vileness
an immoral relationship with Carlos, husband of or depravity in the duties which one person owes to
complainant Leslie. Atty. Iris contended that her another or to society in general which is contrary to
relationship with Carlos was licit because they the usually accepted and customary rule of right and
were married. And when she discovered Carlos’ duty which a person should follow. The question as
true civil status, she cut off all her ties with him. to whether an offense involves moral turpitude is
Is Atty. Iris guilty of committing gross immoral for the Supreme Court to decide.
conduct warranting her disbarment?
Examples of acts involving moral turpitude
A: No. Her relationship with Carlos, clothed as it was
with what Atty. Iris believed was a valid marriage, 1. Conviction of Estafa and/or BP 22. DISBARRED
cannot be considered immoral. Immorality connotes (In the Matter of Disbarment Proceedings v.
conduct that shows indifference to the moral norms Narciso N. Jaramillo, En Banc A.C. No. 229, April
of the community. Moreover for such conduct to 30, 1957).
warrant disciplinary action, the same must be 2. Conviction of bribery/ attempted bribery.
“grossly immoral”, that is it must be so corrupt and DISBARRED (In Re: Dalmacio De los Angeles, A.C.
false as to constitute a criminal act or so No. L-350, August 7, 1959; 7 C.J.S., p. 736; 5 Am.
unprincipled as to be reprehensible to a high Jur. p. 428).
degree. Atty. Iris’ act of immediately distancing 3. Conviction of murder. DISBARRED (In Re:
herself from Carlos upon discovering his true civil Disbarment Proceedings Against Atty. Diosdado
status belies that alleged moral indifference and Q. Gutierrez, A.C. No. L- 363, July 31, 1962).
proves that she had no intention of flaunting the law 4. Conviction of homicide. DISBARRED (Soriano v.
and the high moral standard of the legal profession Dizon, A.C. No. 6792, January 25, 2006).
(Ui v. Atty. Bonifacio, A.C. No. 3319, June 8, 2000). 5. Conviction of illegal marriage before admission
to the bar. DISQUALIFIED FROM BEING
Q: Patricia and Simeon were teen sweethearts. It ADMITTED TO THE BAR (Villasanta v. Peralta,
was after their child was born that Simeon first 101 Phil.313, April 30, 1957).
promised he would marry her after he passes 6. Conviction of falsification of public document.
the bar examinations. Their relationship REMOVED FROM HIS OFFICE/NAME ERASED
continued and Simeon allegedly made more FROM ROLL OF ATTORNEYS (De Jesus-Paras v.
than twenty or thirty promises of marriage. Vailoces, A.C. No. 439, April 12, 1961).
Patricia learned that Simeon married another 7. Conviction of Estafa through falsification of
woman. Meanwhile, Simeon successfully passed public document. DISBARRED (Villanueva v.
the 1970 bar examinations after four attempts. Sta. Ana, CBD Case No. 251, July 11, 1995).
Before he could take his oath, Patricia filed a 8. Conviction of Abduction. SUSPENDED FROM
petition to disqualify Simeon to take the OFFICE FOR 1 YEAR (In Re Basa, 41 Phil. 275,
Lawyer’s Oath on the ground of gross December 7, 1920).
immoral conduct. Did the act of Simeon in 9. Conviction of Concubinage. SUSPENDED FROM
engaging in premarital relations with Patricia OFFICE FOR 1 YEAR (In re Isada, 60 Phil. 915,
and making promises to marry her constitute November 16, 1934).
gross immoral conduct? 10. Conviction of Smuggling. DISBARRED (In re
Rovero, A.C. No. 126, October 24, 1952).
A: No, the SC ruled that the facts do not constitute
gross immoral conduct warranting a permanent Q: Atty. Simeon persuaded Armando, Benigno
exclusion of Simeon from the legal profession. His and Ciriaco to invest in business venture that
engaging in premarital sexual relations with later went bankrupt. Armando, Benigno and
complainant and promises to marry suggests a Ciriaco charged Atty. Simeon with estafa.
doubtful moral character on his part but the same Simultaneously, they filed an administrative
does not constitute grossly immoral conduct. To complaint against the lawyer with the Supreme
justify suspension or disbarment the act Court. If Simeon is convicted of estafa, will he be
complained of must not only be immoral, but disbarred? Explain. (2009 Bar Question)
Q: Jon de Ysasi III was employed by his father in Those who are not in a position to defend
their farm. During the entire period of his themselves due to poverty, weakness, ignorance or
illness, his father took care of his medical other similar reasons.
expenses and he continued to receive
compensation. However, without due notice, his 2. Oppressed
father ceased to pay his salary. He made oral and
written demands through Atty. Sumbingco for Those who are the victims of the cruelty, unlawful
an explanation for the sudden withholding, as exaction, domination or excessive use of authority.
well as for the remittance of his salary. Both
demands were not acted upon. He filed a case in A lawyer so appointed as counsel for an indigent
court. Can the lawyers employed by the parties prisoner, as the Canons of Professional Ethics
be admonished for not trying to reconcile the demands, should always “exert his best efforts” in
parties before the filing of the suit? the indigent’s behalf (People v. Estebia, G.R. No. L-
26868, December 27, 1972).
A: Yes. The conduct of the respective counsel of the
parties, as revealed by the records, sorely NOTE: The inability to pay for legal services is not a
disappoints the Court and invites reproof. Both valid reason to refuse acceptance of a case. This is
counsels may well be reminded that their ethical because the profession is a branch of the
duty as lawyers to represent their clients with zeal administration of justice and not a mere money-
goes beyond merely presenting their clients' getting trade (CPR Annotated, PhilJA).
respective causes in court. It is just as much their
responsibility, if not more importantly, to exert all AN ACT PROVIDING A MECHANISM FOR FREE
reasonable efforts to smooth over legal conflicts, LEGAL ASSISTANCE AND FOR OTHER PURPOSES
preferably out of court and especially in (RA No. 9999)
consideration of the direct and immediate FEBRUARY 23, 2010
consanguineous ties between their clients. Once
again, the useful function of a lawyer is not only to Purpose of RA No. 9999 (Free Legal Assistance
conduct litigation but to avoid it whenever possible Act of 2010)
by advising settlement or withholding suit. He is
often called upon less for dramatic forensic exploits 1. Encourage lawyers and professional
than for wise counsel in every phase of life. He partnerships to provide free legal assistance.
should be a mediator for concord and a conciliator for 2. Solicit the assistance of lawyers and
compromise, rather than a virtuoso of technicality in professional partnerships in the private
the conduct of litigation (De Ysasi III v. NLRC, G.R. No. practice of law in providing quality legal
104599, March 11, 1994). assistance to indigent litigants through a
system of tax incentives.
EFFICIENT AND CONVENIENT 3. Provide relief to the Public Attorney’s Office
LEGAL SERVICES (PAO) and other associations accredited by the
Supreme Court from the numerous cases it
handles.
CANON 2
4. Provide indigent litigants the opportunity to
A lawyer shall make his legal services
acquire the services of distinguished law firms
available in an efficient and convenient
and legal practitioners of the country for free.
manner compatible with the independence,
5. Ensure that the right of every individual to
integrity and effectiveness of the profession.
counsel, as mandated in the Constitution, is
Salient Features of RA 9999 A: Advise Wanda on the purely legal side of her
problem and assure her that abortion is allowed by
1. The law will allow indigent litigants to acquire law if the pregnancy endangers the life of the
the services of renowned lawyers and law firms mother (Code of Professional Responsibility, Canon
for free. 2, Rule 2.01-2.02).
2. In exchange for the services rendered by the
lawyer or the law firm, they will be given tax Rule 2.03, Canon 2
incentives equivalent to the cost of the services A lawyer shall not do or permit to be done any act
rendered to the indigent litigant. designated primarily to solicit legal business.
3. It will help relieve the Public Attorney’s Office (1997 Bar Question)
(PAO) of its numerous caseloads involving
indigent litigants who shall be referred to
Rationale behind the rule that legal profession is
lawyers or law firms in private practice.
not considered as a business (2006 Bar
4. It should entice renowned and distinguished
Question)
firms and lawyers in the practice as their
services shall still be compensated
It is not a business because it is a:
commensurately through the tax incentives.
1. Duty of public service, of which the emolument
NOTE: The DOJ, in cooperation with the Philippine
is a byproduct, and in which one may attain the
Information Agency (PIA), is hereby mandated to
highest eminence without making much money
conduct an annual Information, Education and
2. Relation, as an “officer of the court”, to the
Communication (IEC) campaign in order to inform
administration of justice involving thorough
the lawyers of the procedures and guidelines in
sincerity, integrity and reliability
availing tax deductions and inform the general
3. Duty of public service
public that a free legal assistance to those who
4. Relation to clients with the highest degree of
cannot afford counsel is being provided by the State
fiduciary
(Sec. 6, RA 9999).
5. Relation, to the colleagues at the bar,
Atty. Tabalingcos as a means to procure which duty to public service, not money, is the
professional employment; specifically for corporate primary consideration. Lawyering is not primarily
rehabilitation cases (Villatuya v. Tabalingcos, A.C. meant to be a money-making venture, and law
No. 6622, July 10, 2012). advocacy is not a capital that necessarily yields
profits. The gaining of a livelihood should be a
Q: Atty. David agreed to give ½ of his secondary consideration. The duty to public service
professional fees to an intermediary or and to the administration of justice should be the
commission agent and he also bound himself not primary consideration of lawyers, who must
to deal directly with the clients. Can he be subordinate their personal interests or what they
subject to disciplinary action? owe to themselves (Atty. Khan Jr. v. Atty. Simbillo,
A.C. No. 5299, August 19, 2003).
A: Yes. The agreement is void because it was
tantamount to malpractice which is the practice of NOTE: The rule against solicitation applies to a
soliciting cases of law for the purpose of gain either lawyer who offers monetary reward to those who
personally or through paid agents or brokers. can serve as witness/es in the case, which he is
Malpractice ordinarily refers to any malfeasance or handling (CPR Annotated, PhilJA).
dereliction of duty committed by a lawyer. The
meaning of malpractice is in consonance with the Q: Facing disciplinary charges for advertising as
notion that the practice of law is a profession not a a lawyer, Atty. A argues that although the calling
business. The lawyer may not seek or obtain card of his businessman friend indicates his law
employment by himself or through others, to do so office and his legal specialty, the law office is
would be unprofessional (Tan Tek Beng v. David, A. located in his friend’s store. Decide. (2001 Bar
C. No. 1261, December 29, 1983). Question)
Q: Atty. Nelson recently passed the Bar and The use of a makeshift hut standing alone would
wanted to specialize in marine labor law. He create the impression that the lawyer does not have
gave out calling cards with his name, address a permanent address which is required to be stated
and telephone number in front, and the in all pleadings he signs as well as required to be
following words at the back: "We provide legal shown in documents he notarizes.
assistance to overseas seamen who are
repatriated due to accident, illness, injury, or His shingle shows that he has considered the law
death. We also offer FINANCIAL ASSISTANCE." profession as a business. He should have separate
Does this constitute ethical misconduct? (2012 shingle for his copier services business.
Bar Question)
When he included in his shingle the phrases
A: Yes, the calling card contains advertisement in “Specialist in Small Claims” and “Fastest in
violation of Canon 3 of CPR. The phrase “We also Notarization” he has transgressed the rule that a
offer financial assistance” was clearly used to entice lawyer in making known his legal services shall use
clients who already had representation to change only dignified information or statement of facts
counsels with a promise of loans to finance their (Code of Professional Responsibility, Canon 3). So
legal actions. Money was dangled to lure clients also the norm that a lawyer shall not use or permit
away from their original lawyers, thereby taking the use of any misleading, undignified, self-
advantage of their financial distress and emotional laudatory or unfair statement or claim regarding his
vulnerability. This crass commercialism degraded qualifications or legal services (Ibid., Canon 3, Rule
the integrity of the bar and deserves no place in the 3.01).
legal profession (Linsangan v. Atty. Tolentino, A.C.
No. 6672, September 4, 2009). The use of the phrases “Specialist in Small Claims”
and “Fastest in Notarization” is misleading
Q: As a new lawyer, Attorney Novato started advertisement because they are likely to create an
with a practice limited to small claims cases, unjustified expectation about the results the lawyer
legal counseling, and notarization of documents. can achieve or implies that the lawyer can achieve
He put up a solo practice law office and was results by improper means (ABA Model Rule 7.1.b).
assisted by his wife who served as his
secretary/helper. He used a makeshift hut in a
Any false, exaggerating or untrue claims about his NOTE: No name not belonging to any of the partners
qualification are clearly unethical. Example of this is or associates may be used in the firm name for any
when a lawyer makes representation to a purpose.
prospective client that he has never lost a single
case in his entire career. Certainly, this is impossible Continued use of the name of a deceased partner is
for the best lawyers in the country have experienced permissible provided that the firm indicates in all its
losing cases (Antiquiera, 1992). communications that said partner is deceased. The
use of a cross after the name of the deceased partner
Self-laudation is prohibited is sufficient indication. It is advisable though that
the year of the death be also indicated.
Certain self-laudatory information such as election
to a public office, scholastic honors and The use of the firm name of a foreign law firm is
achievements, and legal authorships may be unethical (Pineda, 2009).
disseminated. What is prohibited is that which
“creates an unjustified expectation about results the Rule 3.03, Canon 3
lawyer can achieve (Funa, 2009). Where a partner accepts public office, he shall
withdraw from the firm and his name shall be
Examples of Advertisements considered as dropped from the firm name unless the law
deceptive allows him to practice law concurrently.
misconduct. Did Atty. Gatdula violate the Code of PARTICIPATION IN THE IMPROVEMENT AND
Conduct and Ethical Standards for the Public REFORMS IN THE LEGAL SYSTEM
Officials and Employees?
CANON 4
A: Yes. Samonte, by her failure to appear at the A lawyer shall participate in the development
hearings, failed to substantiate her allegation that it of the legal system by initiating or supporting
was Atty. Gatdula who gave her the calling card efforts in law reform and in the improvement
"Baligod, Gatdula, Tacardon, Dimailig and Celera of the administration of justice.
Law Offices" and that he tried to convince her to
change counsels. However, while Atty. Gatdula
vehemently denies Samonte's allegations, he does By reason of education and experience, lawyers are
not deny that his name appears on the calling card especially qualified to recognize deficiencies in the
attached to the complaint, which admittedly came legal system and to initiate corrective measures
into the hands of Samonte. therein. Thus, they should participate in proposing
and supporting legislation and programs to improve
The card clearly gives the impression that he is the system, without regard to the general interests
connected with the said law firm. The or desires of clients or former clients (Ethical
inclusion/retention of his name in the professional Consideration 8-1, 1978, Model Code of Professional
card constitutes an act of solicitation which violates Responsibility, American Bar Association).
Section 7 sub-par. (b) (2) of R.A. 6713, otherwise
known as "Code of Conduct and Ethical Standards E.g.:
for the Public Officials and Employees" which 1. Presenting position papers or resolutions for
declares it unlawful for a public official or employee the introduction of pertinent bills in Congress;
to, among others: (2) Engage in the private practice or
of their profession unless authorized by the 2. Petitions with the SC for the amendment of the
Constitution or law, provided that such practice will Rules of Court.
not conflict or tend to conflict with official functions
(Samonte v. Gatdula, A.M. No. 99-1292, February 26, Endorsement by a lawyer
1999).
A lawyer may, with propriety, endorse a candidate
Rule 3.04, Canon 3 and seek endorsement from other lawyers. A lawyer
A lawyer shall not pay or give anything of value to should not use or attempt to use the power or
representatives of the mass media in anticipation prestige of the judicial office to secure such
of, or in return for, publicity to attract legal endorsement. On the other hand, the lawyer whose
business. endorsement is sought should have the courage and
moral stamina to refuse the request for
The reason for this rule is to prevent some lawyers endorsement if he believes the candidate lacks the
from gaining an unfair advantage over others essential qualifications for the office or believes the
through the use of gimmickry, press agentry or opposing candidate is better qualified (ABA Opinion
other artificial means. 189 (1938); Funa, 2009).
they faithfully comply with such duty, they may not official tasks (Canon 6, CPR).
be able to discharge competently and diligently
their obligations as members of the Bar. Worse, they Rule 6.01, Canon 6
may become susceptible to committing mistakes The primary duty of a lawyer engaged in public
(Dulalia Jr. v. Cruz, A.C. No. 6854, April 25, 2007, prosecution is not to convict but to see to it that
citing Santiago v. Rafanan, A.C. No. 6252, October 5, justice is done. The suppression of facts or the
2004). concealment of witnesses capable of establishing
the innocence of the accused is highly
The latest circular of the Supreme Court provides reprehensible and is cause for disciplinary
for the mandatory attendance of all lawyers in the action.
so-called “Mandatory Continuing Legal Education
Program” of the IBP. For law practitioners, they Q: From the viewpoint of legal ethics, why
have to comply with the 36 hours of mandatory should it be mandatory that the public
legal education as a pre-condition to the non- prosecutor be present at the trial of a criminal
revocation of license to practice law (Antiquiera, case despite the presence of a private
1992). prosecutor? (2001 Bar Question)
Three-fold obligation of a lawyer A: The public prosecutor must be present at the trial
of the criminal case despite the presence of a private
1. He owes it to himself to continue improving his prosecutor in order to see to it that the interest of
knowledge of the laws. the State is well-guarded and protected, should the
2. He owes it to his profession to take an active private prosecutor be found lacking in competence
interest in the maintenance of high standards of in prosecuting the case. Moreover, the primary duty
legal education. of a public prosecutor is not to convict but to see to
3. He owes it to the lay public to make the law a it that justice is done (Rule 6.01, CPR). A private
part of their social consciousness (Pineda, prosecutor would be naturally interested only in the
2009). conviction of the accused.
Unlike Rule 6.01, 6.02 is not limited to public ABA Formal Opinion No. 342 is clear in stressing
prosecutors, or public lawyers engaged principally that the “drafting, enforcing or interpreting
in criminal prosecution cases. The restriction government or agency procedures, regulations or
applies particularly to lawyers in government laws, or briefing abstract principles of law” are acts
service, who are allowed by law to engage in private which do not fall within the scope of the
law practice, and those who, though prohibited term “matter”. However, this concern does not cast
from engaging in the practice of law, have friends, shadow in the case at bar. The act of Mendoza in
former associates and relatives who are in the active informing the Central Bank on the procedure on
practice of law (CPR Annotated, PhilJA). how to liquidate the GenBank is a different from the
subject matter of the civil case about the
Rule 6.03, Canon 6 sequestration of the shares of Tan et al. in Allied
A lawyer shall not, after leaving government Bank. Consequently, the danger that confidential
service, accept engagement or employment in official information might be divulged is still nil, if
connection with any matter in which he had not inexistent. To be sure, there are no inconsistent
intervened while in said service. (1992, 1993, sides to be bothered about in this case. For there is
2001 Bar Questions) no question that in lawyering for Tan et al., Mendoza
is indirectly defending the validity of the action of
The restriction provided under the rule covers the Central Bank in liquidating GenBank and selling
engagement or employment which means that he it later to Allied Bank. Their interests coincide
cannot accept any work or employment from instead of colliding (PCGG v. Sandiganbayan, G.R.
anyone that will involve or relate to the matter in Nos. 151809-12, April 12, 2005).
which he intervened as a public official, except on
behalf of the body or authority which he served Adverse-interest Conflict v. Congruent-interest
during his public employment (CPR Annotated, Conflict
PhilJA).
ADVERSE-INTEREST CONGRUENT-INTEREST
NOTE: Sec. 7(b) of R.A. 6713 prohibits former public CONFLICTS REPRESENTATION
official or employee for a period of 1 year after CONFLICTS
retirement or separation from office to practice his Adverse-interest In congruent-interest
profession in connection with any matter before the conflicts exist where representation conflict,
office he used to be with. the matter in which the the disqualification does
former government not really involve a
Q: Former Solicitor General Estelito Mendoza lawyer represents a conflict at all, because it
filed a petition with the CFI praying for the client in private prohibits the lawyer from
assistance and supervision of the court in the practice is representing a private
GenBank’s liquidation. Mendoza gave advice on substantially related to practice client even if the
the matter that the interests of the former Roll of Attorneys of the Supreme Court (Pineda,
lawyer dealt with government client and the 1999).
while employed by the new client are entirely
government and the parallel. Fundamental purposes of the IBP
interests of the
government and the 1. To elevate the standards of the legal profession;
interests of the current 2. Improve the administration of justice; and
and former are 3. Enable the Bar to discharge its public
adverse. responsibility more effectively (Sec. 2, Rule 139-
A, RRC).
NOTE: “Congruent-interest representation
conflict,” unlike the “adverse-interest conflict,” is NOTE: The Philippines is divided into 9 Regions of
unique to former government lawyers. the Integrated Bar, with a Chapter organized in
every province. Each Chapter shall have its own
DUTIES AND RESPONSIBILITIES OF A LAWYER local government as provided for by uniform rules
TO THE LEGAL PROFESSION to be prescribed by the Board of Governors and
approved by the SC (Secs. 3 and 4, Rule 139-A, RRC).
INTEGRATED BAR OF THE PHILIPPINES
Constitutionality of the IBP integration
CANON 7
The practice of law is not a vested right but a
A lawyer shall at all times uphold the integrity
privilege clothed with public interest. Hence, it is
and dignity of the legal profession and
fair and just that the exercise of that privilege be
support the activities of the integrated bar
regulated to assure compliance with the lawyer's
public responsibilities. Given existing bar
Integrated Bar of the Philippines conditions, the most efficient means of doing so is
by integrating the Bar through a rule of court that
It is an official national body composed of all requires all lawyers to pay annual dues to the
persons whose names now appear or may hereafter Integrated Bar (In the Matter of the Integration of the
be included in the Roll of Attorneys of the Supreme Bar of the Philippines, 49 SCRA 22, January 9, 1973).
Court (Sec. 1, Rule 139-A, RRC).
Structure of the IBP Board
Statutory Basis
Nine Governors shall be elected by the House of
R.A. 6397 – An Act Providing for the Integration of Delegates from the nine Regions on the
the Philippine Bar, and Appropriating Funds representation basis of one Governor from each
Therefor. The Supreme Court may adopt rules of Region. Each Governor shall be chosen from a list of
court to effect the Integration of the Philippine Bar nominees submitted by the Delegates from the
under such conditions as it shall see fit in order to Region, provided that not more than one nominee
raise the standards of the legal profession, improve shall come from any Chapter. The President and the
the administration of justice and enable the bar to Executive Vice President, if chosen by the Governors
discharge its public responsibility more effectively. from outside of themselves as provided in Section 7
of this Rule, shall ipso facto become members of the
NOTE: The Integrated Bar is a state-organized bar, Board (Sec. 6, Rule 139-A, RRC).
to which every lawyer must belong, as distinguished
from bar associations organized by lawyers Term of members of the IBP Board
themselves, where membership is voluntary. It is a
national organization of lawyers created on 16 The Governors shall hold office for a term of two
January 1973 under Rule 139-A of the Rules of years from July 1 immediately following their
Court, and constituted on 4 May 1973 into a body election to June 30 of their second year in office and
corporate by PD No. 181. until their successors shall have been duly chosen
and qualified (Sec. 38, Art. VI, IBP By-Laws).
Integration of the Bar
Principle of Rotation
The Integration of the Philippine Bar means the
official unification of the entire lawyer population, Pursuant to the principle of rotation, the
and this requires membership and financial support governorship of a region shall rotate once in as
of every attorney as condition sine qua non to the many terms as the number of chapters there are in
practice of law and the retention of his name in the
the region, to give every chapter a chance to preceding any chapter election (Velez v. De Vera, A.C.
represent the region in the Board of Governors. No. 6697, July 25, 2006).
Thus, in a region composed of 5 chapters, each
chapter is entitled to the governorship once in every Board meetings
5 terms, or once every ten (10) years, since a term is
two (2) years (Atty. Magsino et al. v. Atty. Vinluan, The Board shall meet regularly once every three
A.M. No. 09-5-2-SC, December 14, 2010). months, on such date and at such time and place as
it shall designate. A majority of all the members of
NOTE: The principle on rotation shall be strictly the Board shall constitute a quorum to do business.
implemented so that all prior elections for governor Special meetings may be called by the President or
in the region shall be reckoned with or considered by five members of the Board (Sec. 6, Rule 139-A,
in determining who should be the governor to be RRC).
selected from the different chapters to represent
the region in the Board of Governors (Bar Matter No. IBP officers
586 dated May 16, 1991).
The Integrated Bar shall have a/an:
Kinds of rotation
1. President
1. Rotation by pre-ordained sequence - effected by 2. Executive Vice President who shall be chosen
the observance of the sequence of the service of by the Governors immediately after the latter’s
the chapters in the first cycle, which is very election; either from among themselves or from
predictable. other members of the Integrated Bar, by the
vote of at least five Governors. Each of the
2. Rotation by exclusion - effected by the exclusion regional members of the Board shall be ex
of a chapter who had previously served until all officio Vice President for the Region which he
chapters have taken their turns to serve. It is represents.
not predictable as each chapter will have the 3. Secretary
chance to vie for the right to serve, but will have 4. Treasurer
no right to a re-election as it is debarred from 5. Such other officers and employees as may be
serving again until the full cycle is completed (In required by the Board of Governors, to be
The Matter of the Brewing Controversies in the appointed by the President with the consent of
Elections of the Integrated Bar of the Philippines, the Board, and to hold office at the pleasure of
A.M. No. 09-5-2-SC, December 04, 2012). the Board or for such term as it may fix. Said
officers and employees need not be members of
NOTE: In one case, the Supreme Court held that the Integrated Bar (Sec. 7, Rule 139-A, RRC).
rotation by exclusion shall be adopted since the
elections would be more genuine as the opportunity Term of officers
to serve as Governor at any time is once again open
to all chapters, unless, of course, a chapter has The President and the Executive Vice President
already served in the new cycle. While predictability shall hold office for a term of two years from July 1
is not altogether avoided, as in the case where only following their election until June 30 of their second
one chapter remains in the cycle, still, as previously year in office and until their successors shall have
noted by the Court “the rotation rule should be been duly chosen and qualified. In the event the
applied in harmony with, and not in derogation of, President is absent or unable to act, his functions
the sovereign will of the electorate as expressed and duties shall be performed by the Executive Vice
through the ballot.” (In The Matter of the Brewing President, and in the event of the death, resignation,
Controversies in the Elections of the Integrated Bar of or removal of the President, the Executive Vice
the Philippines, A.M. No. 09-5-2-SC, December 04, President shall serve as Acting President for the
2012). unexpired portion of the term. In the event of the
death, resignation, removal or disability of both the
Transferring to another IBP Chapter is not a President and the Executive Vice President, the
ground for disqualification to run as IBP Board of Governors shall elect an Acting President
Governor to hold office for the unexpired portion of the term
or during the period of disability. Unless otherwise
Transferring to another IBP Chapter is not a ground provided in these By-Laws, all other officers and
for disqualification for the post of IBP Governor as employees appointed by the President with the
the same is allowed under Section 19 of the IBP By- consent of the Board shall hold office at the pleasure
Laws with the qualification only that the transfer be of the Board or for such term as the Board may fix
made not less than three months immediately (Sec. 49, Article VII, IBP By-Laws).
UNIVERSITY OF SANTO TOMAS
35 FACULTY OF CIVIL LAW
LEGAL ETHICS
1. Distribution, except on election day, of election Q: The Integrated Bar of the Philippines adopted
a resolution recommending to the Court the Court (Sec. 11, Rule 139-A, RRC).
removal of the name Marcial A. Edillon, a duly
licensed practicing attorney, from its Roll of Membership dues
Attorneys for stubborn refusal to pay his
membership dues to the IBP since its Every member of the Integrated Bar shall pay such
constitution, notwithstanding due notice. Is annual dues as the Board of Governors shall
Edillon correct in his objection that the Court is determine with the approval of the Supreme Court.
without power to compel him to become a A fixed sum equivalent to ten percent (10%) of the
member of the IBP, hence, Sec. 1 of Rule 139-A of collections from each Chapter shall be set aside as a
the Rules of Court is unconstitutional for it Welfare Fund for disabled members of the Chapter
infringes on his constitutional right of freedom and the compulsory heirs of deceased members
to associate (and not to associate)? thereof (Sec. 9, Rule 139-A, RRC).
A: No. To compel a member of the Integrated Bar is NOTE: Membership dues are not prohibited by the
not violative of his constitutional freedom to Constitution. The fee is imposed as a regulatory
associate. Integration does not make a lawyer a measure, designed to raise funds for carrying out
member of any group of which he is not already a the purposes and objectives of the integration (In
member. He became a member of the Bar when he the Matter of IBP Membership dues delinquency of
passed the Bar Examinations. All that integration Atty. Marcial Edillon, A.M. No. 1928, August 3, 1978).
actually does is to provide an official national
organization for the well-defined but unorganized Effect of non-payment of dues
group of which every lawyer is already a member.
Default in the payment of annual dues for six
Assuming that the questioned provision does in a months shall warrant suspension of membership in
sense compel a lawyer to be a member of the the Integrated Bar, and default in such payment for
Integrated Bar, such compulsion is justified as an one year shall be a ground for the removal of the
exercise of the police power of the State (In the name of the delinquent member from the Roll of
Matter of IBP Membership Dues Delinquency of Atty. Attorneys (Sec. 10, Rule 139-A, RRC) subject to the
Edillon, A.C. No. 1928, December 19, 1980). requirement of due process (Funa, 2009).
NOTE: A lawyer does not automatically become a Q: Atty. Llamas, for a number of years, has not
member of the IBP chapter where he resides or indicated the proper PTR and IBP O.R. Nos. and
works after becoming a full-fledged member of the data in his pleadings. He only indicated “IBP
Bar. He has the discretion to choose the IBP Chapter Rizal 259060” but he has been using this for at
he wants to join (Garcia v. De Vera, A.C. 6052, least 3 years. Atty. Llamas averred that he is only
December 11, 2003). engaged in a “limited” practice of law and under
R.A. 7432, as a senior citizen, he is exempt from
Unless he otherwise registers his preference for a payment of income taxes, including the payment
particular Chapter, a lawyer shall be considered a of membership dues. Is Atty. Llamas correct?
member of the Chapter of the province, city, political
subdivision or area where his office is or, in the A: No. Rule 139-A requires that every member of
absence thereof, his residence is located. In no case the Integrated Bar shall pay annual dues and default
shall any lawyer be a member of more than one thereof shall warrant the appropriate penalties. It
Chapter (Sec. 4, Rule 139-A, RRC). does not matter whether or not Atty. Llamas is only
engaged in “limited” practice of law. Moreover, the
Procedure for voluntary termination of exemption invoked by Atty. Llamas does not include
membership exemption from payment of membership or
association dues (Santos Jr. v. Atty. Llamas, A.C. No.
A member may terminate his membership by filing 4749, January 20, 2000).
a written notice to that effect with the Secretary of
the Integrated Bar, who shall immediately bring the NOTE: R.A. 7432 providing 20% discount to Senior
matter to the attention of the Supreme Court. Citizens DOES NOT apply to IBP Dues.
Forthwith he shall cease to be a member and his
name shall be stricken by the Court from the Roll of Q: Atty. Arevalo sought exemption from
Attorneys (Sec.11, Rule 139-A, RRC). payment of IBP dues for the alleged unpaid
accountability for the years 1977-2005. He
NOTE: Re-instatement may be made by the Court in alleged that after being admitted to the
accordance with rules and regulations prescribed Philippine Bar in 1961, he became part of the
by the Board of Governors and approved by the Philippine Civil Service then migrated to, and
worked in the USA from December 1986 until 2. Law proper - satisfactorily completed the
his retirement in 2003. He maintained that he following courses in a law school or university
cannot be assessed IBP dues for the years that he duly recognized by the government:
was working in the Philippine Civil Service since a. civil law,
the Civil Service law prohibits the practice of b. commercial law,
one’s profession while in government service, c. remedial law,
and neither can he be assessed for the years d. criminal law,
when he was working in the USA. Is Atty. Arevalo e. public and private international law,
entitled to exemption from payment of his dues f. political law,
during the time that he was inactive in the g. labor and social legislation,
practice of law? h. medical jurisprudence,
i. taxation, and
A: No. The Integration of the Philippine Bar means j. legal ethics (Sec. 5, Rule 138, RRC).
the official unification of the entire lawyer
population. This requires membership and financial Rule 7.01, Canon 7
support of every attorney as condition sine qua non A lawyer shall be answerable for knowingly
to the practice of law and the retention of his name making a false statement or suppressing a
in the Roll of Attorneys of the Supreme Court. material fact in connection with his application
for admission to the bar.
Payment of dues is a necessary consequence of
membership in the IBP, of which no one is exempt. The concealment of an attorney in his application to
This means that the compulsory nature of payment take the bar exams of the fact that he had been
of dues subsists for as long as one’s membership in charged with or indicted for an alleged crime, is
the IBP remains regardless of the lack of practice of, ground for revocation of his license to practice law
or the type of practice, the member is engaged in. (In re: Victorino Lanuevo, A.M. No. 1162, August 29,
There is nothing in the law or rules which allow 1975).
exemption from payment of membership dues
(even if the lawyer is staying abroad). At most, as Honest mistake as excuse in making false
correctly observed by the IBP, he could have statement
informed the Secretary of the Integrated Bar of his
intention to stay abroad before he left. In such case, An honest mistake in making false statement may be
his membership in the IBP could have been a valid excuse but the burden of proof lies on the one
terminated and his obligation to pay dues could who alleges it.
have been discontinued (Letter of Atty. Arevalo, Jr.
Requesting Exemption from Payment of Dues, B.M. On the other hand, to be liable for suppressing a fact
No. 1370, May 9, 2005). or information in the application, the suppression
must be:
No retirement in the IBP
1. Deliberately or knowingly made; and
There is no such thing as retirement in the IBP as 2. The fact or information suppressed must be
understood in labor law. A lawyer, however, may material (CPR Annotated, PhilJA).
terminate his bar membership after filing the
required verified notice of termination with the False statements in the application for
Secretary of the Integrated Bar (In Re: Atty. Jose admission to the Bar
Principe, Bar Matter No. 543, September 20, 1990).
1. If the false statement or suppression of material
UPHOLDING THE DIGNITY AND INTEGRITY fact is discovered before the candidate could take
OF THE PROFESSION the bar examinations, he will be denied
permission to take the examinations.
Academic requirements for bar candidates 2. If the false statement or suppression of material
fact was discovered after the candidate had
1. Pre-Law - Pursued and satisfactorily completed passed the examinations but before having been
in an authorized and recognized university or taken his oath, he will not be allowed to take his
college, requiring for admission thereto the oath as a lawyer.
completion of a four-year high school course, 3. If the discovery was made after the candidate
the course of study prescribed therein for a had taken his oath as a lawyer, his name will be
bachelor's degree in arts or sciences (Sec. 6, stricken from the Roll of Attorneys.
Rule 138, RRC).
Effect concealment of a crime which does not
UNIVERSITY OF SANTO TOMAS
2016 GOLDEN NOTES
38
DUTIES AND RESPONSIBILITIES OF A LAWYER
A: The respondent is guilty of gross discourtesy lawyers to use dignified language in their pleadings
amounting to conduct unbecoming of a court despite the adversarial nature of our legal system.
employee. By such violation, respondent failed to Atty. Ferrer had likewise violated Canon 7 of the
live up to his oath of office as member of the Code of Professional Responsibility which enjoins
Integrated Bar of the Philippines and violated Rule lawyers to uphold the dignity and integrity of the
7.03 of the Code of Professional Responsibility. He legal profession at all times. Several disinterested
should not use abusive, offensive, scandalous, persons confirmed Atty. Ferrer’s drunken
menacing and improper language. Their every act or invectives at Atty. Barandon shortly before the start
word should be marked by prudence, restraint, of a court hearing (Barandon v. Ferrer, Sr., A.C.5768,
courtesy and dignity. Aside from violating Rule 7.03 March 26, 2010).
of the Code of Professional Responsibility,
respondent appears to have also violated Rule 8.01 Q: Atty. Y, in his motion for reconsideration of
of the same Code (Re: Complaints of Mrs. Milagros the Decision rendered by the NLRC, alleged that
Lee & Samantha Lee against Atty. Gil Luisito R. there was connivance of the NLRC
Capito, A.M. No. 2008-19-SC, August 18, 2010). Commissioners with Atty. X for monetary
considerations in arriving at the questioned
COURTESY, FAIRNESS AND CANDOR TOWARDS decision. He insulted the Commissioner for their
PROFESSIONAL COLLEAGUES ineptness in appreciating the fact as borne by
the evidence presented. Atty. X files an
CANON 8 administrative complaint against Atty. Y for
A lawyer shall conduct himself with courtesy, using abusive language. Atty. Y posits that as a
fairness and candor towards his professional lawyer for the down-trodden laborers, he is
colleagues, and shall avoid harassing tactics entitled to express his righteous anger against
against opposing counsel. the Commissioners for having cheated them;
that his allegations in the motion for
The lawyer’s arguments, whether written or oral, reconsideration are absolutely privileged; and
should be gracious to both the court and opposing that proscription against the use of abusive
counsel and be of such words as may be properly language does not cover pleadings filed with the
addressed by one gentleman to another (National NLRC, as it is not a court, nor are any of its
Security Co. v. Jarvis, 278 U.S. 610). Commissioners Justices or Judges. Is Atty. Y
administratively liable under the Code of
A lawyer’s language should be forceful but dignified, Professional Responsibility? Explain. (2010 Bar
emphatic but respectful as befitting an advocate and Question)
in keeping with the dignity of the legal profession
(In Re: Climaco, A.C. No. 134-J, January 21, 1974). A: Yes. Atty. Y has clearly violated Canons 8 and 11
of the Code of Professional Responsibility and is
Q: In one civil case, Atty. Ferrer filed a reply with administratively liable. A lawyer shall not in his
opposition to motion to dismiss that contained professional dealings, use language which is
abusive, offensive, and improper language abusive, offensive or otherwise improper (Rule 8.01,
which insinuated that Atty. Barandon presented Code of Professional Responsibility). In the case of
a falsified document in court. He also filed a Johnny Ng v. Atty. Alar (507 SCRA 465), it was held
fabricated charge against Atty. Barandon in that the argument that the NLRC is not a court, is
another case for alleged falsification of public unavailing. The lawyer remains a member of the
document. Furthermore, at the courtroom Bar, an “oath-bound servant of the law, whose first
of MTC Daet before the start of hearing, duty is not to his client but to the administration of
Atty. Ferrer, evidently drunk, threatened justice and whose conduct ought to be and must be
Atty. Barandon. Is he guilty of violation of the scrupulously observant of the law and ethics.”
Code of Professional Responsibility?
The argument that labor practitioners are entitled
A: Yes. Canon 8 of the Code of Professional to some latitude of righteous anger is unavailing. It
Responsibility commands all lawyers to conduct does not deter the Court from exercising its
themselves with courtesy, fairness and candor supervisory authority over lawyers who misbehave
towards their fellow lawyers and avoid harassing or fail to live up to that standard expected of them
tactics against opposing counsel. as members of the Bar.
Atty. Ferrer’s actions do not measure up to this
Canon. Moreover, Atty. Ferrer could have aired his Instances of Lack of Candor (honesty)
charge of falsification in a proper forum and without
using offensive and abusive language against a 1. Misquoting the contents of paper, testimony of
fellow lawyer. The Court has constantly reminded a witness, the language or the argument of
opposing counsel; or the language of the enthusiasm does not justify the use of offensive and
decision or a textbook; or abusive language. Language abounds with countless
2. With knowledge of its invalidity, to cite as possibilities for one to be emphatic but respectful,
authority a decision that has been overruled or convincing but not derogatory, and illuminating but
a statute that has been repealed, or in the not offensive (Gimeno v. Zaide, A.C. No. 10303, April
argument to assert as a fact that which has not 22, 2015).
been proved, or in those jurisdictions where the
side has the opening and closing arguments to Q: In pleadings and motions filed by Tiongco, he
mislead his opponent by concealing or described Atty. Deguma as a love crazed Apache,
withholding positions in his opening argument a horned spinster, man-hungry virago and
upon which his side then intends to rely. female bull of an Amazon who would stop at
3. Offering evidence which he knows the court nothing to injure defendant if only to please and
should reject; attract her client. Tiongco claims that Atty.
4. Introducing into an argument, addressed to the Deguma, as a lawyer in the PAO, is using the PAO
court, remarks or statements intended to as a marriage bureau for her benefit. Is the
influence the bystanders (Pineda, 2009). language employed by Tiongco improper and
unethical?
Rule 8.01, Canon 8
A lawyer shall not, in his professional dealings, A: Yes. The Code of Professional Responsibility
use language which is abusive, offensive or provides in Canon 8 that a lawyer shall conduct
otherwise improper. himself with courtesy, fairness, and candor toward
his professional colleagues, and shall avoid
Instances of disrespectful language harassing tactics against opposing counsel. Rule
8.01 provides that a lawyer shall not in his
1. Categorizes the SC decision as false, erroneous professional dealings, use language which is
and illegal (Suo v. Cloribel, A.M. No. 01-1-15-RTC, abusive, offensive or otherwise improper while
July 10, 2003). Rule 11.03 provides that a lawyer shall abstain from
2. Description of judges attitude as “unjust, scandalous, offensive or menacing language before
hostile, vindictive and dangerous” (Cornejo v. the courts. Thus, Tiongco is warned accordingly
Judge Tan, G.R. No. L-2217, March 23, 1950). (Tiongco Yared v. Ilarde, G.R. No. 114732, August 1,
3. Stating that “justice is blind and also deaf and 2000).
dumb” (In Re: Almacen, G.R. No. L-27654,
February 18, 1970). NOTE: Lack of want of intention is no excuse for the
4. Attributing to the SC acts of dismissing judges disrespectful language employed. Counsel cannot
“without rhyme and reason” and disbarring escape responsibility by claiming that his words did
lawyers “without due process” (Zaldivar v. not mean what any reader must have understood
Gonzales, G.R. Nos. 79690-707, February 1, them as meaning (Rheem of the Philippines v. Ferrer,
1989). G.R. No. L-22979, January 27, 1967).
5. Calling an adverse counsel as “bobo” or using
the word “ay que bobo” in reference to the Although the Canon that the Rule implements
manner of offering evidence (Castillo v. Padilla pertains to a lawyer’s dealings with his fellow
Jr., A.M. No. 2339, February 1984); and lawyers, the Rule is generally worded to apply to
6. Any other analogous cases. anyone in the wider context of a
lawyer’s professional dealings, including his or her
Q: A complaint was filed against Atty. Zaide for clients and witnesses (CPR Annotated, PhilJA).
use of intemperate, offensive and abusive
language. Atty. Zaide referred to the Rule 8.02, Canon 8
complainant as a “notorious extortionist” and to A lawyer shall not, directly or indirectly,
his opposing counsel as someone suffering from encroach upon the professional employment
"serious mental incompetence" in one of his of another lawyer; however, it is the right of
pleadings. Did the act of Atty. Zaide violate the any lawyer, without fear or favor, to give
Code of Professional Responsibility? proper advice and assistance to those seeking
relief against unfaithful or neglectful counsel
A: Yes. More specifically, Canon 8.01 of the CPR. The (1995, 1997, 2001, 2005, 2006 Bar
act shows Atty. Zaide's lack of restraint in the use Questions)
and choice of his words - a conduct unbecoming of
an officer of the court. While a lawyer is entitled to A person without a retained lawyer is a legitimate
present his case with vigor and courage, such prospective client for any lawyer whom he
The rationale of this canon is to protect the public, The qualifications to be a lawyer are personal and
the court, the client and the bar from the the Bar is an exclusive group of professionals who
incompetence or dishonesty of those unlicensed to possess the requisite qualifications and for whom
practice law and not subject to the disciplinary defined functions are reserved. To delegate the
control of the court. functions would violate the rationale behind
reserving defined functions exclusively for those
There is no violation of this canon if a lawyer who are admitted to the bar.
employs a paralegal graduate to assist him in the
practice of law since the job of a paralegal is limited Although the authority of a lawyer to represent a
to drafting of documents, case management, etc. client cannot be delegated to an unqualified person,
(Antiquiera, 1992). it does not follow however that the retained lawyer
is automatically authorized to make such delegation
Q: Sanchez alleged that the complaint against to a qualified person because a client-lawyer
him and the supporting affidavits were relationship is personal (CPR Annotated, PhilJA).
subscribed and sworn to before Tupas, the Clerk
of Court, who is not a member of the IBP and Q: Lorenzo is a lawyer but was suspended from
therefore engaged in unauthorized practice of the practice of law due to some unethical acts.
law. Is Tupas as Clerk of Court authorized to He worked for a law firm owned by one of his
administer oath? friends. Since he has so many cases to handle,
Atty. Berenguer assigned a case to Lorenzo,
A: Yes. The term "clerk of courts" in Section 41 of believing he can handle an easy case. Did Atty.
the Administrative Code as amended is used as a Berenguer violate any rule?
general term. The intention of the law is to authorize
all clerks of court regardless of whether they are A: Yes, because he delegated the handling of a case
clerks of the MTCs, to administer oaths on matter to a person suspended from the practice of law.
involving official business. As Clerk of Court of Under Rule 9.01 of CPR – A lawyer shall not delegate
MCTC, Tupas has the authority to administer oath of to any unqualified person the performance of any
affidavits of parties and witnesses which are to be task which by law may only be performed by a
filed in court (Sanchez v. Tupas, A.M. OCA IPI No. 03- member of the bar in good standing.
1687-P, March 1, 2004).
Q: Atty. Monica Santos-Cruz registered the firm 2. Where a lawyer undertakes to complete
name "Santos-Cruz Law Office" with the DTI as a unfinished legal business of a deceased lawyer;
single proprietorship. In her stationery, she (Rule 9.02, third par., Canon 9, CPR) or
printed the names of her husband and a friend
who are both non-lawyers as her senior NOTE: The estate or the heir cannot be made a
partners in light of their investments in the firm. member of the partnership with the surviving
She allowed her husband to give out calling partners. The legal fees in this case, no longer
cards bearing his name as senior partner of the represent past compensation.
firm and to appear in courts to move for
postponements, Did Atty. Santos-Cruz violate 3. Where a lawyer or law firm includes a non-
the CPR? (2010 Bar Question) lawyer employee in a retirement plan, even if
the plan is based in whole or in part, on a profit
A: Yes, she violated Rule 9.01, Canon 9 of the CPR. sharing agreement (Rule 9.02, fourth par., Canon
By allowing her husband to appear in courts to 9, CPR).
move for the postponements of the cases of the firm,
she delegated her duty to appear, which a member NOTE: This is not a division of legal fees but a
of the bar can only perform, to an unqualified pension representing deferred wages for the
person. employees’ past services.
The lawyer’s duty to prevent, or at the very least not This exception is an implicit recognition of the
to assist in, the unauthorized practice of law is incontestable fact that lawyers need to, and in
founded on public interest and policy. Public policy fact, depend on non-lawyers for the
requires that the practice of law be limited to those administrative support functions necessary to
individuals found duly qualified in education and allow lawyers to discharge their legal functions
character. The permissive right conferred on the more efficiently (CPR Annotated, PhilJA).
lawyer is an individual and limited privilege subject
to withdrawal if he fails to maintain proper Q: Engr. Rufino referred a case for partition of
standards of moral and professional conduct the estate of the late Benjamin Yap to Atty.
(Cambaliza v. Cristal-Tenorio, A.C. No. 6290, July 14, Pefianco. It was agreed in writing that Rufino
2004). would receive ten percent of the attorney’s fees
to be received by Atty. Pefianco. However, when
Rule 9.02, Canon 9 the fees were already paid, Pefianco refused to
A lawyer shall not divide or stipulate to divide pay, stating in a letter that the spouses will be
a fee for legal services with persons not the one to shoulder his commission. Rufino filed
licensed to practice law. a disbarment case against Pefianco. Should Atty.
Pefianco be disciplined?
The interest promoted by the prohibition is that the
independence of the professional judgment of a A: Yes, it is clear that Atty. Pefianco violated Rule
lawyer, which the client is paying for, could be at 9.02, Canon 9. By stipulating that Rufino will be
risk if a non-lawyer has direct rights to share in the entitled to a commission from his attorney’s fees,
legal fees resulting from the exercise of such Atty. Pefianco entered into an agreement to divide
professional judgment (CPR Annotated, PhilJA). the fee with a person not licensed to practice law.
Exceptions to Rule 9.02 Q: You had just taken your oath as lawyer. The
secretary to the president of a big university
1. Where there is a pre-existing agreement with a offered to get you as the official notary public of
partner or associate that, upon the latter’s the school. She explained that a lot of students
death, money shall be paid over a reasonable lose their identification cards and are required
period of time to his estate to persons specified to secure an affidavit of loss before they can be
in the agreement; (Rule 9.02, second par., Canon issued a new one. She claimed that this would be
9, CPR) or very lucrative for you, as more than 30 students
lose their identification cards every month.
NOTE: This exception is in the nature of a However, the secretary wants you to give her
bequest. It is still in substance, payment to the one-half of your earning therefrom. Will you
deceased lawyer. His estate and/or assignee agree to the arrangement? Explain. (2005 Bar
could not claim entitlement to the money in Question)
their own right but only by representation (CPR
Annotated, PhilJA). A: No, I will not agree. Rule 9.02 of the Code of
Professional Responsibility provides that “a lawyer
shall not divide or stipulate to divide a fee for legal not take at face value what is asserted by counsel.
service with persons not licensed to practice law”. The time that will have to be devoted just to the task
The secretary is not licensed to practice law and is of verification of allegations submitted could easily
not entitled to a share of the fees for notarizing be imagined (Hueysuwan-Florido v. Atty. Florido, A.C.
affidavits, which is a legal service. No. 5624, January 20, 2004).
As officers of the court, lawyers have the primary The courts on the other hand are entitled to expect
obligation towards the administration of justice. To only complete honesty from lawyers appearing and
mislead the court is contumacious and clearly a pleading before them. While a lawyer has the
ground for disciplinary action (Antiquiera, CPR). solemn duty to defend his client’s cause,
his conduct must never be at the expense of truth
Requirements of candor (Young v. Batuegas, A.C. No. 5379, May 9, 2003).
1. A lawyer shall not suppress material and vital NOTE: A lawyer owes fidelity to the cause of his
facts which bear on the merit or lack of merit of client but not at the expense of truth and the
a complaint or petition. administration of justice (Garcia v. Francisco, Adm.
2. A lawyer shall volunteer to the court any Case no. 3923, March 30, 1993).
development of the case which has rendered
the issue raised moot and academic. Presenting false evidence is not justifiable. It is a
3. Disclosure to the court of any decision adverse clear violation of Canon 10 and Rule 10.01 of the
to his position of which opposing counsel is CPR. Aside from violations of the CPR, the lawyer is
apparently ignorant and which court should also guilty of a crime under Art. 184, Revised Penal
consider in deciding a case. Code, which states:
4. He shall not represent himself as a lawyer for a
client, appear in court and present pleadings in "Any person who shall knowingly offer in evidence
the latter’s behalf only to claim later that he was a false witness or testimony in any judicial or official
not authorized to do so. proceeding, shall be punished as guilty of false
testimony and shall suffer the respective penalties
Q: Atty. Florido demanded from his wife that the provided in this section.”
custody of their children be surrendered to him.
He showed her a photocopy of an alleged Examples of falsehood
Resolution issued by the CA supposedly granting
his motion for temporary child custody. His wife 1. Lawyers falsely stating in a deed of sale that
refused. Atty. Florido filed a verified petition for property is free from all liens and
the issuance of a writ of habeas corpus asserting encumbrances when it is not so (Sevilla v.
his right to custody of the children on the basis Zoleta, A.C. No. 31, March 28, 1955).
of the alleged CA Resolution. His wife, however, 2. Lawyers making it appear that a person, long
obtained a certification from the CA stating that dead, executed a deed of sale in his favor
no such resolution had been issued. May Atty. (Monterey v. Arayata, Per. Rec. Nos 3527, 3408,
Florido be held administratively liable for his August 23, 1935).
reliance on and attempt to enforce a spurious 3. Lawyer encashing a check payable to a
Resolution of the CA? deceased cousin by signing the latter’s name on
the check (In re: Samaniego, A.C. No. 74,
A: Yes. Atty. Florido’s actions erode the public November 20, 1959).
perception of the legal profession. Candor and 4. Lawyer falsified a power of attorney and used it
fairness are demanded of every lawyer. The burden in collecting the money due to the principal and
cast on the judiciary would be intolerable if it could appropriated the money for his own benefit (In
UNIVERSITY OF SANTO TOMAS
45 FACULTY OF CIVIL LAW
LEGAL ETHICS
re: Rusina, A.C. No. 270, May 29, 1959). amendment, or assert as a fact that which has
5. Lawyer alleging in one pleading that his clients not been proved.
were merely lessees of the property involved,
and alleged in a later pleading that the same If not faithfully and exactly quoted, the decisions
clients were the owners of the same property and rulings of the court may lose their proper and
where there are false allegations in the correct meaning, to the detriment of other courts,
pleadings (Chavez v. Viola, G.R. No. 2152, April lawyers and the public who may thereby be misled.
19, 1991).
6. Lawyer uttering falsehood in a Motion to Rule 10.03, Canon 10, CPR
Dismiss (Martin v. Moreno, A.C. No. 1432, May A lawyer shall observe the rules of procedure
21, 1984). and shall not misuse them to defeat the ends
7. Lawyer denying having received the notice to of justice.
file brief which is belied by the return card
(Ragasajo v. IAC, G.R. No. L-69129, August 31, Filing multiple actions constitutes an abuse of the
1987). Court’s processes. Those who filed multiple or
8. Lawyer presenting falsified documents in court repetitive actions subject themselves to disciplinary
which he knows to be false (Berenguer v. action for incompetence or willful violation of their
Carranza, A.C. No. 716, January 30, 1969). duties as attorneys to act with all good fidelity to the
9. Lawyer filing false charges or groundless suits courts, and to maintain only such actions that
(Retuya v. Gorduiz, A.C. No. 1388, March 28, appear to be just and consistent with truth and
1980). honor (Pablo R. Olivares etc. v. Atty. Arsenio Villalon
10. Making untruthful and false statements before Jr., A.C. No. 6323, April 13, 2007).
the court (Molina v. Magat, A.C. No. 1900, June
13, 2012). Instances when lawyers can be disciplined
based on the pleadings he filed
Q: Dr. Maligaya, a doctor and retired colonel of
the Air Force filed an action for damages against When a counsel deliberately:
several military officers for whom Atty.
Doronilla stood as a counsel. During the hearing, 1. Files an unsigned pleading in violation of the
Atty. Doronilla alleged that he and Dr. Maligaya rules;
had an agreement that if the opposing party 2. Alleges scandalous matters therein;
withdraws the case against him, Dr. Maligaya 3. Fails to promptly report to the court a change of
will also withdraw all the cases. However, Dr. his address (Sec. 3, Rule 7, RRC).
Maligaya swore that he never entered into any
such agreement. Atty. Doronillo then admitted NOTE: A lawyer should not abuse his right of
that there was no such agreement. He pointed recourse to the courts for the purpose of arguing a
out that his main concern was to settle the case cause that had been repeatedly rebuffed. Neither
amicably. Dr. Maligaya filed a case against Atty. should he use his knowledge of law as an instrument
Doronilla charging him of unethical conduct for to harass a party nor to misuse judicial processes, as
having uttered falsehood in court. Is Atty. the same constitutes serious transgression of the
Doronilla guilty as charged? Code of Professional Responsibility. For while he
owes fidelity to the cause of his client, it should not
A: Yes. Atty. Doronilla violated Canon 10 and Rule be at the expense of truth and the administration of
10.01 of the CPR. Not only that, he also violated the justice (Garcia v. Francisco, A.C. No. 3923, March 30,
lawyer’s oath to do no falsehood, nor consent to the 1993).
doing of any in court, of which Canon 10 and Rule
10.01 are but restatements. His act infringed on
Rule 10.04, Canon 10
every lawyer’s duty to “never seek to mislead the
A lawyer shall, when filing a pleading, furnish
judge or any officer by an artifice or false statement
the opposing party with a copy thereof,
of fact or law” (Maligaya v. Doronilla, A.C. No. 6198,
together with all the documents annexed
September 15, 2006).
thereto. Unless a motion is ex parte, he should
set it for hearing, with sufficient notice to the
Rule 10.02, Canon 10 other party.
A lawyer shall not knowingly misquote or
misrepresent the contents of the paper, the
language or the argument of opposing
counsel, or the text of a decision or authority,
or knowingly cite as law a provision already
rendered inoperative by repeal or
RESPECT FOR COURTS AND JUDICIAL OFFICERS the assumption of Vice- President Macapagal-
Arroyo to the Presidency. The subsequent
CANON 11 decision of the Court in Estrada v. Arroyo (G.R.
A lawyer shall observe and maintain the Nos. 146710-15, March 2, 2001 and G.R. Nos.
respect due to the courts and to judicial 146710-15, April 3, 2001) is a patent mockery of
officers and should insist on similar conduct justice and due process. He went on to state that
by others. the act of the public officer, if lawful, is the act of
the public office. But the act of the public officer,
Disrespect toward the court would necessarily if unlawful, is not the act of the public office.
undermine the confidence of the people in the Consequently, the act of the justices, if lawful, is
honesty and integrity of the members of the court, the act of the Supreme Court. But the act of the
and consequently, to lower or degrade the justices, if unlawful, is not the act of the Supreme
administration of justice by the court. Court.
All lawyers are expected to recognize the authority Further, he asserted that the decision in Estrada
of the Supreme Court and obey its lawful processes v. Arroyo being patently unlawful in view of the
and orders. Despite errors which one may impute Code of Judicial Conduct, is not the act of the SC
on the orders of the Court, these must be respected, but is merely the wrong of those individual
especially by the bar or the lawyers who are Justices who falsely spoke and acted in the name
themselves officers of the courts (Yap-Paras v. Atty. of the SC. Are Atty. Paguia’s comments within the
Paras, A.C. No. 4947, June 7, 2007). bounds of “fair and well-founded criticisms”
regarding decisions of the SC?
In case of conflict between his duty to the court and
his duty to the society and his client, the other must A: No. Criticism or comment made in good faith on
yield since it is his duty to the court that should take the correctness or wrongness, soundness or
precedence. unsoundness, of a decision of the Court would be
welcome for, if well-founded, and such reaction can
Q: Atty. Z criticized the court in a tactful manner, enlighten the court and contribute to the correction
not in any way causing disrespect. Is that of an error if committed (In re: Sotto, 82 Phil. 595).
allowed? The ruling in Estrada v. Arroyo, being a final
judgment, has long put to end any question
A: Yes. The fact that a person is a lawyer does not pertaining to the legality of the ascension of Arroyo
deprive him of the right, as enjoyed by every citizen, into the presidency. By reviving the issue on the
to comment on and criticize the actuations of a validity of the assumption of Gloria Macapagal-
judge but it is the cardinal condition of all criticisms Arroyo to the presidency, Attorney Paguia is vainly
that it shall be bona fide, and shall not spill over the seeking to breathe life into the carcass of a long dead
walls of decency and propriety (Zaldivar v. Gonzales, issue. Attorney Paguia has not limited his discussions
G.R. Nos. 79690-707, February 1, 1989). to the merits of his client's case within the judicial
forum; indeed, he has repeated his assault on the
NOTE: What a lawyer can ordinarily say against a Court in both broadcast and print media.
concluded litigation and the manner the judge
handed down the decision therein may not The Supreme Court does not claim infallibility; it
generally be said to a pending action. The court, in a will not denounce criticism made by anyone against
pending litigation, must be shielded from the Court for, if well-founded, can truly have
embarrassment and influence in performing the constructive effects in the task of the Court, but it
important duty of deciding it. On the other hand, will not countenance any wrongdoing nor allow the
once litigation is concluded, the judge who decided erosion of our people’s faith in the judicial system,
on it is subject to the same criticism as any other let alone, by those who have been privileged by it to
public official because then his ruling becomes practice law in the Philippines. Canon 11 of the Code
public property and is thrown open to public of Professional Responsibility mandates that the
consumption. lawyer should observe and maintain the respect due
to the courts and judicial officers and, indeed, should
Q: Atty. Paguia asserts that the inhibition of the insist on similar conduct by others. In liberally
members of the SC from hearing the petition is imputing sinister and devious motives and
called for under the Code of Judicial Conduct questioning the impartiality, integrity, and authority
prohibiting justices or judges from participating of the members of the Court, Atty. Paguia has only
in any partisan political activity. According to succeeded in seeking to impede, obstruct and pervert
him, the justices violated the said rule by the dispensation of justice (Estrada v.
attending the 'EDSA 2 Rally' and by authorizing Sandiganbayan, G.R. Nos. 159486-88, November 25,
Court already required Atty. Cefra to comment on fact, confessed to bribing judges. Consequently,
the Complaint lodged against him. Atty. Cefra did Uy filed a verified complaint against respondent
not comply with this order until he was arrested by lawyers for gross misconduct. Should they be
the National Bureau of Investigation. Atty. Cefra disciplined for having authored and filed the
only filed his Comment on January 15, 2008, more “Manifestation of Usurpation of Authority of the
than seven years after the Court’s order. Atty. Hon. Court of Appeals from a Self-Confessed
Cefra’s actions show utter disrespect for legal Briber of Judges”?
processes (Anudon v. Cefra, A.C. No. 5482, February
10, 2015). A: Yes. The lawyers went overboard by stating in
the Manifestation that complainant "had in fact
Rule 11.01, Canon 11 confessed to bribery and telling one of the judges,
A lawyer shall appear in court properly after the judges allegedly refused to give in to their
attired. demands, by using illegally taped conversations-
both actual and/or by telephone". It belied their
good intention and exceeded the bounds of
As an officer of the court and in order to maintain
propriety, hence, not arguably protected; it is the
the dignity and respectability of the legal profession,
surfacing of a feeling of contempt towards a litigant;
a lawyer who appears in court must be properly
it offends the court before which it is made. A lawyer
attired. Consequently, the court can hold a lawyer in
shall abstain from scandalous, offensive or
contempt of court if he does not appear in proper
menacing language or behavior before the courts. It
attire. Any deviation from the commonly accepted
must be remembered that the language vehicle does
norm of dressing in court (barong or tie, not both) is
not run short of expressions which are emphatic but
enough to warrant a citing for contempt.
respectful, convincing but not derogatory,
illuminating but not offensive. It has been said that
The traditional attires for male lawyers in the
a lawyer's language should be dignified in keeping
Philippines are the long-sleeve Barong Tagalog or
with the dignity of the legal profession. It is the duty
coat and tie. Female lawyers appear in semi-formal
of Atty. Depasucat et al. as members of the Bar to
attires. Judges also appear in the same attire in
abstain from all offensive personality and to
addition to black robes.
advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by
Rule 11.02, Canon 11 the justice of the cause with which he is charged (Uy
A lawyer shall punctually appear at court v. Depasucat, A.C. No. 5332, July 29, 2003).
hearings.
NOTE: The language of a lawyer, both oral and
Punctuality is demanded by the respect which a written, must be respectful and restrained in
lawyer owes to the court, the opposing counsel and keeping with the dignity of the legal profession and
to all the parties to the case (Funa, 2009). with his behavioral attitude toward his brethren in
the profession. The use of abusive language by
Rule 11.03, Canon 11 counsel against the opposing counsel constitutes at
A lawyer shall abstain from scandalous, the same time disrespect to the dignity of the court
offensive, or menacing language or behavior justice. Moreover, the use of impassioned language
before the Courts. in pleadings, more often than not, creates more heat
than light (Buenaseda v. Flavier, G.R. No. 106719,
Q: What is direct contempt? September 21, 1993).
A: It is misbehavior committed in the presence of or The duty to observe and maintain respect is not a
so near the court or judge so as to obstruct or one-way duty from a lawyer to a judge. A judge
interrupt the proceedings before the same, should also be courteous to counsel, especially
including disrespect toward the court (Pineda, those who are young and inexperienced and to all
2009). those appearing or concerned in the administration
of justice.
Q: After the parties had filed their respective
briefs with the CA and before the latter's Q: An administrative case for disbarment was
resolution submitting the case for decision was filed against MDS, a Lady Senator, for uttering
released, respondent lawyers, Atty. Depasucat, offensive remarks in her privilege speech
and others filed a pleading "Manifestation of delivered in the Senate floor. She was quoted
Usurpation of Authority of the Hon. Court of as saying that she wanted “to spit on the face of
Appeals from a Self-Confessed Briber of Judges", Chief Justice and his cohorts in the Supreme
which stated that plaintiff-appellant Uy had, in Court,” and calling the Court a “Supreme Court of
NOTE: The lawyer’s duty to render respectful In the written explanation of Atty. Roxas, he
subordination to the courts is essential to the extended apologies to Justice Nazario. He said he
orderly administration of justice. Hence, in the was merely exercising his rights to express a
assertion of the client’s rights, lawyers – even those legitimate grievance or articulate fair criticisms
gifted with superior intellect, are enjoined to rein up of the court’s ruling. Moreover, according to
their tempers (Zaldivar v. Gonzalez, G.R. Nos. 79690- him, instead of resorting to public criticisms, he
707, October 7, 1988). chose to ventilate his criticisms in a very
discreet and private manner by writing a
Rule 11.04, Canon 11 personal letter. Should Atty. Roxas be punished
A lawyer shall not attribute to a Judge motives for the contents of his letter?
not supported by the record or have no
materiality to the case. A: Yes. Atty. Roxas’ letter contains defamatory
statements that impaired public confidence in the
Every citizen has the right to comment upon and integrity of the Judiciary. The making of
criticize the actuations of public officers. This right contemptuous statements directed against the
is not dismissed by the fact that the criticism is court is not an exercise of free speech; rather, it is an
aimed at a judicial authority, or that it is articulated abuse of such right.
by a lawyer.
A letter furnished to all the members of the SC, even
Such right is especially recognized where the if a copy was not disseminated to the media, does
criticism concerns a concluded litigation, because not enjoy the mantle of right to privacy. Letters
the Court’s actuations are thrown open to public addressed to the individual justices in connection
consumption. Courts thus treat with forbearance with the performance of their judicial functions
and restraint a lawyer who vigorously assails their become part of the judicial record and are matter of
actuations for courageous and fearless advocates concern for the entire court.
are the strands that weave durability into the
Enriquez, Jr., A.M. No. CA-09-47-J, February 13, 2009). motions for reconsideration with the trial court
and the CA despite the fact that it would never
ASSISTANCE IN THE SPEEDY AND EFFICIENT prosper as the trial court’s decision had long
ADMINISTRATION OF JUSTICE become final before the said petitions were
filed. Did the lawyers violate Canon 12 of the
CPR?
CANON 12
A lawyer shall exert every effort and consider A: While lawyers owe their entire devotion to the
it his duty to assist in the speedy and efficient interest of the client and zeal in the defense of their
administration of justice client’s right, they are also officers of the court, bound
to exert every effort to assist in the speedy and
A lawyer is bound by his oath to serve his client with efficient administration of justice. They should not
utmost zeal and dedication and shall conduct misuse the rules of procedure to defeat the ends of
himself according to the best of his knowledge and justice or unduly delay a case, impede the execution
discretion (Antiquiera, CPR). of a judgment or misuse court processes. The facts
and the law should advise them that a case such as
The filing of another action concerning the same this should not be permitted to be filed to merely
subject matter, in violation of the doctrine of res clutter the already congested judicial dockets. They
judicata, runs contrary to this Canon (Lim v. do not advance the cause of law or their clients by
Montano, A.C. No. 5653, February 27, 2006). commencing litigations that for sheer lack of merit
do not deserve the attention of the courts (Eternal
Q: Jardin engaged the services of Atty. Villar Jr. Gardens Memorial Park Corporation v. CA, G.R. No.
to represent him in a collection case. Despite 123698, August 5, 1998).
several extensions of time given by the trial
court, Atty. Villar Jr. failed to file his formal offer Rule 12.01, Canon 12
of exhibits. The case was dismissed and this A lawyer shall not appear for trial unless he
prompted Jardin to file a complaint for has adequately prepared himself on the law
disbarment against Atty. Villar, Jr. Was Atty. and the facts of his case, the evidence he will
Villar, Jr. remiss in his duties as counsel when he adduce and the order of its profference
failed to file his formal offer of exhibits? preference. He should also be ready with the
original documents for comparison with the
A: Yes. The record clearly shows that Atty. Villar Jr. copies.
has been languid in the performance of his duties as
counsel for the complainant. He was given by the A newly hired counsel who appears in a case in the
Trial Court several extensions of time. Therefore, midstream is presumed and obliged to acquaint
Atty. Villar Jr. had three (3) months and nine (9) days himself with all the antecedent processes and
within which to file the formal offer of exhibits. Atty. proceedings that have transpired in the record prior
Villar Jr. did not bother to give an explanation even in to his takeover (Villasis v. CA, G.R. Nos. L- 36874-76,
mitigation or extenuation of his inaction. September 30, 1974).
Evidently, Atty. Villar Jr. has fallen short of the Rule 12.02, Canon 12
competence and diligence required of every A lawyer shall not file multiple actions arising
member of the Bar. It is indeed dismaying to note from the same cause. (1991, 1997, 1998, 2002
Atty. Villar Jr.’s patent violation of his duty as a Bar Questions)
lawyer. He committed a serious transgression when
he failed to exert his utmost learning and ability and
The mere filing of several cases based on the same
to give entire devotion to his client's cause. His
incident does not necessarily constitute forum
client had relied on him to file the formal offer of
shopping. The question is whether the several
exhibits among other things. But he failed him.
actions filed involve the same transactions,
Resulting as it did in the dismissal of the case, his
essential facts and circumstances. If they involve
failure constitutes inexcusable fault (Jardin v. Atty.
essentially different facts, circumstances and causes
Villar, Jr., A.C. No. 5474, August 28, 2003).
of action, there is no forum shopping (Paredes v.
Sandiganbayan, G.R. No. 108251, January 31, 1996).
Q: Judgment was rendered against Eternal
Gardens ordering it to reconvey the cemetery to
The essence of forum shopping is the filing of
the rightful owners. Despite the final decision of
multiple suits involving the same parties for the
the SC, Eternal Gardens was able to prevent the
same cause of action, either simultaneously or
execution for 17 years, rendering the judgment
successively, for the purpose of obtaining a
ineffectual. They filed several petitions and
favorable judgment (Foronda v. Atty. Guerrero, A.C. Possible consequences of forum shopping
No. 5469, August 10, 2004).
1. Summary dismissal without prejudice unless
NOTE: If same evidence supports both actions, there is a willful or deliberate forum-shopping
there is also forum shopping. (Sec. 5, Rule 7, RRC).
2. Penalty for direct contempt of court on the party
Q: The CA affirmed the trial court’s decision and his lawyer in case of willful and deliberate
declaring PDC as the rightful owner of the lot. forum-shopping (Sec. 5, Rule 7, RRC).
Top Rate sought to have the said resolution set 3. Criminal action for a false certification of non-
aside and thereafter filed with the SC a motion forum shopping and indirect contempt
for extension of time to file a petition for review 4. Disciplinary proceedings for the lawyer
from the adverse CA decision and resolution. concerned (Sec. 5, Rule 7, RRC).
The motion contained a "verification/
certification" under oath as to non-forum Rule 12.03, Canon 12
shopping, without mentioning the pending A lawyer shall not, after obtaining extensions
manifestation and motion with the CA, which of time to file pleadings, memoranda or briefs,
was notarized by Atty. Manlangit. Both Atty. let the period lapse without submitting the
Manlangit and Atty. Gana knew the relevant case same or offering an explanation for his failure
status after having invariably acted as counsel of to do so. (2003 Bar Question)
Top Rate before the trial court, the CA and SC.
The court censures the practice of counsels who
Top Rate then filed a series of motions with the secure repeated extensions of time to file their
SC, all of which failed to state that Top Rate still pleadings and thereafter simply let the period lapse
has a pending manifestation and motion with without submitting the pleading or even an
the CA. It was only when it withdrew its Petition explanation or manifestation of their failure to do so
for Review on Certiorari that Top Rate bared (Achacoso v. CA, G.R. No. L-35867, June 28, 1973).
before the SC the existence of the said
manifestation and motion pending with the CA. Asking for extension of time must be in good faith.
Should Top Rate and its counsels be found guilty Otherwise, it is an obstruction of justice and the
of forum shopping? lawyer is subject to discipline (CPR Annotated,
PhilJA).
A: Yes. Although Top Rate as principal party
executed the several certifications of non-forum The same rule applies more forcefully to motion for
shopping, Atty. Gana and Atty. Manlangit cannot continuance. Postponement is not a matter of right
deny responsibility therefore since Atty. Manlangit but of sound judicial discretion (Edrial v. Quilat-
notarized the certifications and both of them Quilat, G.R. No. 133625, September 6, 2000).
definitely knew the relevant case status after having
invariably acted as counsel of Top Rate before the Rule 12.04, Canon 12
trial court, the Court of Appeals and the Supreme A lawyer shall not unduly delay a case, impede
Court. Attys. Gana and Manlangit of the Gana and the execution of a judgment or misuse court
Manlangit Law Office, counsel of record of Top Rate, processes.
are administratively liable for grotesque violations
of the Code of Professional Responsibility.
It is understandable for a party to make full use of
every conceivable legal defense the law allows it.
It is an act of malpractice for it trifles with the courts,
However, of such attempts to evade liability to
abuses their processes, degrades the administration
which a party should respond, it must ever be kept
of justice and adds to the already congested court
in mind that procedural rules are intended as an aid
dockets. What is critical is the vexation brought
to justice, not as means for its frustration.
upon the courts and the litigants by a party who asks
different courts to rule on the same or related
Once a judgment becomes final and executory, the
causes and grant the same or substantially the same
prevailing party should not be denied the fruits of
relief and in the process creates the possibility of
his victory by some subterfuge devised by the losing
conflicting decisions being rendered by different
party. Unjustified delay in the enforcement of a
forums upon the same issues, regardless of whether
judgment sets at naught the role of the courts in
the court, in which one of the suits was brought, has
disposing justiciable controversies with finality
no jurisdiction over the action (Top Rate
(Aguilar v. Manila Banking Corporation, G.R. No.
Construction and General Services v. Paxton Devt.
157911, September 19, 2006).
Corp., G.R. No. 151081, September 11, 2003).
Lawyers should not resort to nor abet the resort of NOTE: Although the law does not forbid an attorney
their clients, to a series of actions and petitions for to be a witness and at the same time an attorney in
the purpose of thwarting the execution of a a cause, the courts prefer that counsel should not
judgment that has long become final and executory testify as a witness unless it is necessary and that
(Cobb-Perez v. Lantin, G.R. No. L-22320, May 22, they should withdraw from the active management
1968). of the case (PNB v. Uy Teng Piao, G.R. No. L- 35252,
October 21, 1932).
The writs of amparo and habeas data are
extraordinary remedies which cannot be used as Rule 12.06, Canon 12
tools to stall the execution of a final and executory A lawyer shall not knowingly assist a witness
decision in a property dispute (Castillo v. Cruz, G.R. to misrepresent himself or to impersonate
No. 182165, November 25, 2009). another.
(Judge K's) boarding house, Atty. J made it a the Supreme Court. Rule 13.02 of the CPR provides
point to be at the coffee shop at about the time that “a lawyer shall not make public statements in
that Judge K takes his breakfast. Comment on the media regarding a pending case tending to
Atty. J's acts. Do they violate the Code of arouse public opinion for or against a party.” The
Professional Responsibility? (2000 Bar Court in a pending litigation must be shielded from
Question) embarrassment or influence in its duty of deciding
the case.
A: Yes, his actions violate the Code of Professional
Responsibility. Canon 13 of the said Code provides Q: Assume Dumbledore did not include any
that a lawyer shall rely upon the merits of his cause commentary on the case. Assume further after
and refrain from any impropriety which tends to the Supreme Court decision on the case had
influence, or gives the appearance of influencing the attained finality, he wrote another IBP Journal
court. Rule 13.01 of the same Code provides that a article, dissecting the decision and explaining
lawyer shall not extend extraordinary attention or why the Supreme Court erred in all its
hospitality to, nor seek opportunity for, cultivating conclusions. May he be sanctioned by the
familiarity with judges. Atty. J obviously sought Supreme Court? Explain. (2008 Bar Question)
opportunity for cultivating familiarity with Judge K
by being at the coffee shop where the latter takes his A: He may not be sanctioned by the Supreme Court.
breakfast, and is extending extraordinary attention Once a case is concluded, the judge who decided it is
to the judge by inviting him to be a principal sponsor subject to the same criticism as any other public
at the wedding of his son. official because his decision becomes public
property and is thrown open to public consumption.
Rule 13.02, Canon 13 The lawyer enjoys a wide latitude in commenting or
A lawyer shall not make public statements in criticizing the judge’s decision, provided that such
the media regarding a pending case tending comment or criticism shall be bona fide and not spill
to arouse public opinion for or against a party. over the bounds of decency and propriety.
suspended for violating the lawyer-client from the adverse party concerning the same matter
relationship when he filed a complaint for about which she had consulted him (Hilado v. David,
“falsification of public documents” against his 84 Phil. 569, 1949).
client using facts connected with the latter’s
petition? Q: In the course of a drinking spree with Atty.
Holgado, who has always been his counsel in
A: No. As a rule, an attorney-client relationship is business deals, Simon bragged about his recent
said to exist when a lawyer voluntarily permits or sexual adventures with socialites known for
acquiesces with the consultation of a person, who in their expensive tastes. When Atty. Holgado
respect to a business or trouble of any kind, consults asked Simon how he manages to finance his
a lawyer with a view of obtaining professional escapades, the latter answered that he has been
advice or assistance. It is not essential that the client using the bank deposits of rich clients of Banco
should have employed the attorney on any previous Filipino where he works as manager.
occasion or that any retainer should have been paid,
promised or charged for, neither is it material that Is Simon's revelation to Atty. Holgado covered
the attorney consulted did not afterward undertake by the attorney-client privilege? (2006 Bar
the case about which the consultation was had, for Question)
as long as the advice and assistance of the attorney
is sought and received, in matters pertinent to his A: Simon's revelation to Atty. Holgado is not
profession. covered by the lawyer-client privilege. In the first
place, it was not made on account of a lawyer-client
Evidently, the facts alleged in the complaint for relationship, that is, it was not made for the purpose
“estafa through falsification of public documents” of seeking legal advice. In the second place, it was
filed by Atty. Gonzales against Uy were obtained by not made in confidence (Mercado v. Vitriolo, 459
Atty. Gonzales due to his personal dealings with Uy. SCRA 1). In the third place, the attorney-client
Whatever facts alleged by Atty. Gonzales against Uy privileged does not cover information concerning a
were not obtained by Atty. Gonzales in his crime or fraud being committed or proposed to be
professional capacity but as a redemptioner of a committed.
property originally owned by his deceased son and
therefore, when Atty. Gonzales filed the complaint AVAILABILITY OF SERVICE WITHOUT
for estafa against Uy, which necessarily involved DISCRIMINATION
alleging facts that would constitute estafa, Atty.
Gonzales was not, in any way, violating Canon 21. CANON 14
Clearly, there was no attorney-client relationship A lawyer shall not refuse his services to the
between Atty. Gonzales and Uy. The preparation needy
and the proposed filing of the petition was only
incidental to their personal transaction (Uy v. Atty. The poor and indigent should not be further
Gonzales, A.C. No. 5280, March 30, 2004). disadvantaged by lack of access to the Philippine
legal system.
Q: Atty. Marie consulted Atty. Hernandez
whether she can successfully prosecute her case Lawyer’s right to decline employment
for declaration of nullity of marriage that she
intends to file against her husband. Atty. GR: A lawyer is not obliged to act as legal counsel for
Hernandez advised her in writing that the case any person who may wish to become his client. He
will not prosper for the reasons stated therein. has the right to decline employment.
between him and the prospective client believes to be honestly debatable under the
(Rule 14.03). law”;
3. A lawyer is not to encourage either the
Legal aid cases commencement or the continuance of an action
or proceeding, or delay any man’s cause, for any
Legal aid cases are those actions, disputes and corrupt motive or interest; and
controversies that are criminal, civil and 4. A lawyer must decline to conduct a civil cause
administrative in nature in whatever stage, wherein or to make a defense when convinced that it is
an indigent and pauper litigants need legal intended merely to harass or injure the
representation (Sec. 4(c), B.M. No. 2012). opposite party or to work oppression or wrong.
Rationale for establishing legal aid services Q: Is there an instance when a lawyer may accept
losing case? (1996, 2001, 2002, 2005 Bar
Legal aid is not a matter of charity. It is a means for Questions)
the correction of social imbalances that may and
often do lead to injustice, for which reason it is a a. In criminal case?
public responsibility of the Bar. The spirit of public b. In civil case?
service should, therefore, underlie all legal aid
offices. The same should be so administered as to A:
give maximum possible assistance to the indigent a. A lawyer may accept a “losing” criminal case
and deserving members of the community in all since an accused is presumed to be innocent
cases, matters and situations in which legal aid may until his guilt is proven beyond reasonable
be necessary to forestall an injustice (Public Service, doubt. Furthermore, CPR provides that a lawyer
Sec. 1, Art. 1 of the IBP Guidelines on Legal Aid). shall not decline to represent a person because
of his opinion regarding the guilt of said person.
Q: Are there instances where a lawyer has the Otherwise innocent persons might be denied
duty to decline employment? (1993 Bar proper defense (CPR, Rule 14.01).
Question) b. A lawyer may also accept a losing civil case,
provided that, in so doing, he must not engage
A: A lawyer should decline no matter how attractive in dilatory tactics and must advise his client
the fee offered may be if its acceptance will involve: about the prospects and advantage of settling
[RACCAA] the case through a compromise to the extent of
representing indigents, defenseless and the
1. A violation of any of the Rules of the legal oppressed.
profession;
2. Advocacy in any manner in which he had SERVICES REGARDLESS OF PERSON’S STATUS
intervened while in the government service;
3. Nullification of a Contract which he prepared; Rule 14.01, Canon 14
4. Employment with a Collection agency which A lawyer shall not decline to represent a
solicits business to collect claims; person solely on account of the latter’s race,
5. Employment, the nature of which might easily sex, creed or status of life, or because of his
be used as a means of Advertising his own opinion regarding the guilt of said
professional services of his skill; or person.
6. Any matter in which he knows or has reason to
believe that he or his partner will be an Q: Atty. DD’s services were engaged by Mr. BB as
essential witness for the prospective client. defense counsel in a lawsuit. In the course of the
proceedings, Atty. DD discovered that Mr. BB
Reasons why a lawyer may not accept a “losing was an agnostic and a homosexual. By reason
case” thereof, Atty. DD filed a motion to withdraw as
counsel without Mr. BB’s express consent. Is
1. The attorney’s signature in every pleading Atty. DD’s motion legally tenable? Reason
constitutes a certificate by him that there is briefly. (2004 Bar Question)
good cause to support it and that it is not
interposed for delay, and willful violation of A: No. Atty. DD’s motion is not legally tenable. He
such rule shall subject him to disciplinary has no valid cause to terminate his services. His
action; client, Mr. BB, being an agnostic and homosexual,
2. It is the attorney’s duty to “counsel or maintain should not be deprived of his counsel’s
such actions or proceedings only as appears to representation solely for that reason.
him to be just and only such defenses as he
SERVICES AS COUNSEL DE OFFICIO A: Yes. The right to counsel must be more than just
the presence of a lawyer in the courtroom or the
mere propounding of standard questions and
Rule 14.02, Canon 14
objections. The right to counsel means that the
A lawyer shall not decline, except for serious
accused is amply accorded legal assistance
and sufficient cause, an appointment as
extended by a counsel who commits himself to the
counsel de oficio or as amicus curiae, or a
cause for the defense and acts accordingly. The right
request from the Integrated Bar of the
assumes an active involvement by the lawyer in the
Philippines or any of its chapters for rendition
proceedings, particularly at the trial of the case, his
of free legal aid.
bearing constantly in mind of the basic rights of the
accused, his being well-versed on the case, and his
A court may assign an attorney to render knowing the fundamental procedures, essential
professional aid free of charge to any party in case, laws and existing jurisprudence.
if upon investigation it appears that the party is
destitute and unable to employ an attorney and that It is never enough that accused be simply informed
the services of counsel are necessary to secure the of his right to counsel; he should also be asked
ends of justice and to protect the rights of the party. whether he wants to avail himself of one and should
It shall be the duty of the attorney so assigned to be told that he can hire a counsel of his own choice
render the required service, unless he is excused if he so desires or that one can be provided to him at
therefrom by the court for sufficient cause shown his request.
(Sec. 31, Rule 138, RRC).
A counsel de officio is expected to act with utmost
Counsel de oficio diligence. A mere pro-forma appointment of de
officio counsel who fails to genuinely protect the
1. Members of the bar in good standing; interests of the accused merits disapprobation. The
2. Any person, resident of the province and of exacting demands expected of a lawyer should be no
good repute for probity and ability, in localities less than stringent when one is a counsel de officio.
without lawyers He must take the case not as a burden but as an
opportunity to assist in the proper dispensation of
Considerations in appointing a counsel de oficio justice. No lawyer is to be excused from this
responsibility except only for the most compelling
1. Gravity of offense and cogent reasons.
2. Difficulty of questions that may arise; and
3. Experience and ability of appointee Obviously, in the instant case, the aforenamed
defense lawyers did not protect, much less uphold,
Q: A criminal complaint was filed against the fundamental rights of the accused. Instead, they
Bermas for rape. The Prosecutor issued a haphazardly performed their function as counsel de
certification that the accused has waived his officio to the detriment and prejudice of the accused
Sevilleno, however guilty he might have been found his responsibilities as counsel de oficio is not an
to be after trial (People v. Bermas, G.R. No. 120420, adequate ground for the motion of withdrawal.
April 21, 1999). Membership in the bar is a privilege burdened with
a condition. For some lawyers especially the
VALID GROUNDS FOR REFUSAL neophytes in the profession being appointed as a
lawyer is an irksome chore. Law is a profession
Rule 14.03, Canon 14 dedicated to the ideal of service and not a mere trade.
A lawyer may not refuse to accept Thus is made manifest the indispensable role of a
representation of an indigent client unless: member of the Bar in the defense of an accused. Such
a. He is in no position to carry out the work a consideration could have sufficed for Ledesma not
effectively or competently; being allowed to withdraw as counsel de oficio. For
b. He labors under a conflict of interest he did betray by his moves his lack of enthusiasm
between him and the prospective client or for the task entrusted to him, to put matters mildly.
between a present client and a prospective He did point though to his responsibility as an
client. election registrar. Assuming his good faith, no such
excuse could be availed now. There is not likely at
Grounds of refusal of appointment to be a present, and in the immediate future, an exorbitant
Counsel de Oficio demand on his time (Ledesma v. Climaco, G.R. No. L-
23815, June 28, 1974).
1. Too many de officio cases assigned to the lawyer
(People v. Daeng, G.R. No. L-34091, January 30, Q: Ferrer was accused of raping his 11-year-old
1973); stepdaughter. Ferrer’s counsel of record was
2. Conflict of interest (Rule 14.03, CPR); PAO's Atty. Macabanding. During the pre-trial,
3. Lawyer is not in a position to carry out the work both of them failed to appear. Ferrer was
effectively or competently (supra); considered by the court as having jumped bail.
4. Lawyer is prohibited from practicing law by Trial in absentia followed where Ferrer was
reason of his public office which prohibits assisted by another PAO lawyer, Atty. Alonto.
appearances in court; and Atty. Macabanding did not appear in all the
5. Lawyer is preoccupied with too many cases subsequent hearings of the case. He did not
which will spell prejudice to the new clients. inform the court of his whereabouts. Ferrer was
6. Health reasons found guilty beyond reasonable doubt of the
7. Extensive travel abroad crime charged and imposed upon him the death
penalty. Did Atty. Macabanding live up to the
NOTE: A lawyer may refuse to handle cases due to demands expected from a counsel de oficio?
these valid reasons. However, Rule 2.02 requires
him to give advice on preliminary steps if he is asked A: No. Ferrer was not properly and effectively
until the client secures the services of counsel. He accorded the right to counsel. Canon 18 of the CPR
shall refrain from giving this preliminary advice if requires every lawyer to serve his client with
there is conflict of interest between a present client utmost dedication, competence and diligence. He
and a prospective one for extending such legal advice must not neglect a legal matter entrusted to him. For
will create and establish an attorney-client all intents, purposes and appearances, Atty.
relationship between them and may involve a Macabanding abandoned his client, an accused who
violation of the rule prohibiting a lawyer from stands to face the death penalty.
representing conflicting interest.
While he faced the daunting task of defending an
Q: Judge Climaco issued an order denying Atty. accused that had jumped bail, this unfortunate
Ledesma’s motion to withdraw as counsel de development is not a justification to excuse him
oficio. One of the grounds for such a motion was from giving his heart and soul to the latter's defense.
his allegation that with his appointment as The exercise of their duties as counsel de oficio
Election Registrar by the COMELEC, he was not meant rendering full meaning and reality to the
in a position to devote full time to the defense of constitutional precepts protecting the rights of the
the two accused. The denial by the Judge of such accused (People v. Ferrer, G.R. No. 148821, July 18,
plea, notwithstanding the conformity of the 2003).
defendants, was due to “its principal effect of
delaying the case." Is the denial of Judge Climaco Q: May a lawyer decline a request for free legal
correct? aid to an indigent accused made by a chapter of
the IBP? Explain. (2002 Bar Question)
A: Yes. The reluctance of Ledesma to comply with
A: No. Rule 14.02 of the CPR provides that “a lawyer
shall not decline, except for serious and sufficient denial of the petition. Thus, he is guilty of simple
cause, an appointment as counsel de officio or as neglect of duty (Ramos v. Dajoyag, Jr., A.C. No. 5174,
amicus curiae or a request from the IBP or any of February 28, 2002).
its chapter for rendition of free legal aid.” He
may, decline such appointment only for NOTE: The fact that his services are rendered
“serious and sufficient cause”. without remuneration should not occasion a
diminution in his zeal (Ledesma v. Climaco, G.R. No.
Q: Will your answer be different if the legal aid L-23815, June 28, 1974).
is requested in a civil case? (2002 Bar Question)
CANDOR, FAIRNESS AND LOYALTY TO CLIENTS
A: The answer will not be exactly the same, because
in a civil case, the lawyer can also decline if he CANON 15
believes the action or defense to be unmeritorious. A lawyer shall observe candor, fairness and
He is ethically bound to maintain only actions and loyalty in all his dealings and transactions with
proceedings which appear to him to be just and only his clients
such defenses which he believes to be honestly
debatable under the law. A lawyer owes absolute fidelity to the cause of his
client. He owes his client full devotion to his interest,
Rule 14.04, Canon 14 warm zeal in the maintenance and defense of his
A lawyer who accepts the cause of a person rights.
unable to pay his professional fees shall
observe the same standard of conduct It demands of an attorney an undivided allegiance, a
governing his relations with paying clients. conspicuous and high degree of good faith,
(2008 Bar Question) disinterestedness, candor, fairness, loyalty, fidelity
and absolute integrity in all his dealings and
Q: Atty. Mariano Dajoyag, Jr. is Ernesto Ramos’ transactions with his clients and an utter
counsel. He failed to perfect their appeal before renunciation of every personal advantage
the SC. He filed the petition for certiorari within conflicting in any way, directly or indirectly, with
the 20-day period of extension that he sought in the interest of his client (Oparel Sr. v. Abaria, A.C. No.
his 2nd motion for extension. He learned that 959, July 30, 1971).
the period of extension granted in his 1st motion
for extension was inextendible only after the If they find that their client’s cause is defenseless,
expiration of the 2 periods of extension that he then it is their bounden duty to advise the latter to
prayed for. A complaint for negligence and acquiesce and submit rather than to traverse the
malpractice was filed against him, to which he incontrovertible (Rollon v. Atty. Naraval, A.C. No.
pleaded good faith and excusable neglect of 6424, March 4, 2005).
duty. Is Atty. Dajoyag Jr. guilty of neglect of duty?
Q: Baens engaged the services of Atty. Sempio to
A: Yes. Motions for extension are not granted as a file a case for Declaration of Nullity of Marriage
matter of right but in the sound discretion of the against his wife. Despite receipt of P250,000 for
court, and lawyers should never presume that their legal expenses, Atty. Sempio failed to file the
motions for extension or postponement will be petition, and it was Baens’ wife who filed the
granted or that they will be granted the length of same. Atty. Sempio filed an Answer only after
time they prayed for. the 15-day period stated in the Summons. Atty.
Sempio also failed to make an objection on the
Further, regardless of the agreement Atty. Dajoyag, petition on the ground of improper venue as
Jr. had with Ramos with respect to the payment of his neither Baens nor his wife were and are
fees, Atty. Dajoyag, Jr. owed it to Ramos to do his residents of Dasmariñas, Cavite. He never
utmost to ensure that every remedy allowed by law is bothered to check the status of the case and thus
availed of. Rule 14.04 of the Code of Professional failed to discover and attend all the hearings set
Responsibility enjoins every lawyer to devote his for the case. As a result, the civil case was
full attention, diligence, skills, and competence to decided without Baens being able to present his
every case that he accepts. Pressure and large evidence. Did Atty. Sempio violate the Code of
volume of legal work do not excuse Atty. Dajoyag, Jr. Professional Responsibility?
for filing the petition for certiorari out of time.
A: Yes. The excuse proffered by Atty. Sempio that he
Nevertheless, Atty. Dajoyag Jr. exerted efforts to did not receive any orders or notices from the trial
protect the rights and interests of Ernesto Ramos, court is highly intolerable. In the first place, securing
including trying to secure a reconsideration of the
a copy of such notices, orders and case records was client is aware, discloses the information to no third
within his control and is a task that a lawyer person other than one reasonably necessary for the
undertakes. The preparation and the filing of the transmission of the information or the
answer is a matter of procedure that fully fell within accomplishment of the purpose for which it was
the exclusive control and responsibility of the given.
lawyer. It was incumbent upon him to execute all
acts and procedures necessary and incidental to the Rule 15.02, Canon 15
advancement of his client’s cause of action. A lawyer shall be bound by the rule on
privilege communication in respect of matters
Records further disclose that he omitted to update disclosed to him by a prospective client. (2008
himself of the progress of his client’s case with the Bar Question)
trial court, and neither did he resort to available
legal remedies that might have protected his client’s Two-fold purpose of the rule
interest. Although a lawyer has complete discretion
on what legal strategy to employ in a case entrusted 1. To encourage a client to make a full disclosure
to him, he must present every remedy or defense of the facts of the case to his counsel without
within the authority of law to support his client’s fear, and
interest. When a lawyer agrees to take up a client’s 2. To allow the lawyer freedom to obtain full
cause, he covenants that he will exercise due information from his client (Pineda, 2009).
diligence in protecting the latter’s rights.
Disclosure of a prospective client
Evidently, the acts of the Atty. Sempio plainly
demonstrated his lack of candor, fairness, and The foregoing disqualification rule applies to
loyalty to his client as embodied in Canon 15 of the prospective clients of a lawyer. Matters disclosed by
Code. A lawyer who performs his duty with a prospective client to a lawyer are protected by the
diligence and candor not only protects the interest rule on privileged communication even if the
of his client; he also serves the ends of justice, does prospective client does not thereafter retain the
honor to the bar, and helps maintain the respect of lawyer or the latter declines the employment. It
the community to the legal profession (Baens v. covers crimes and offenses already committed by
Sempio, A.C. No. 10378, June 9, 2014). the client.
CONFIDENTIALITY RULE The reason for this is to make the prospective client
free to discuss whatever he wishes with the lawyer
Confidentiality without fear that what he tells the lawyer will be
divulged or used against him, and for the lawyer to
It means the relation between lawyer and client or be equally free to obtain information from the
guardian and ward, or between spouses, with prospective client (CPR Annotated, PhilJA).
regard to the trust that is placed in the one by the
other (Black’s Law Dictionary 7th Edition 1990, Requisites of privileged communication
2004).
1. There is attorney-client relationship or a kind of
A lawyer shall preserve the confidences and secrets consultancy requirement with a prospective
of his client even after the attorney-client relation is client;
terminated (Canon 21, CPR). 2. The communication was made by the client to
the lawyer in the course of the lawyer’s
It is one of the duties of a lawyer, as provided for in professional employment; and
the Rules of Court, to maintain inviolate the 3. The communication must be intended to be
confidence, and at every peril to himself, to preserve confidential.
the secrets of his client (Sec. 20(e), Rule 138, RRC).
NOTE: The party who avers that the communication
PRIVILEGED COMMUNICATIONS is privileged has the burden of proof to establish the
existence of the privilege unless from the face of the
Privileged communication document itself, it clearly appears that it is
privileged. The mere allegation that the matter is
A privileged communication is one that refers to privileged is not sufficient (People v. Sleeper, G.R. No.
information transmitted by voluntary act of 22783, December 3, 1924; Lapena Jr., 2009).
disclosure between attorney and client in
confidence and by means of which, in so far as the Client identity
Client identity is privileged where a strong 3. When the communication sought by client is
probability exists that revealing the client’s name intended to aid future crime or perpetration
would implicate that client in the very activity for of fraud.
which he sought the lawyer’s advice (Regala v. 4. When communication between attorney and
Sandiganbayan, G.R. No. 105938, September 20, client is heard by a third party.
1996). 5. When there is consent or waiver of the client.
6. When the law requires disclosure.
Characteristics of privileged communication 7. When disclosure is made to protect the
lawyer’s rights.
1. Attorney-client privilege where legal advice is
professionally sought from an attorney. NOTE: Even if the communication is unprivileged,
2. The client must intend the above the rule of ethics prohibits lawyers from voluntarily
communication to be confidential. revealing or using to his benefit or to that of a third
3. Attorney-client privilege embraces all forms of person, to the disadvantage of the client, the said
communication and action. communication unless the client consents thereto
4. As a general rule, attorney-client privilege also (Sec. 3, Rule 138-A, RRC).
extends to the attorney’s secretary,
stenographer, clerk or agent with reference to Q: Atty. Vitriolo represented Rose Mercado in an
any fact acquired in such capacity. annulment case filed by her husband.
5. The above duty is perpetual and Thereafter, a criminal action against her was
communication is absolutely privileged from filed by the latter for falsification of public
disclosure. document. According to Atty. Vitriolo, she
6. Persons entitled to claim privileges indicated in the Certificates of Live Birth of her
children that she is married to a certain
Coverage of the attorney-client privilege Ferdinand Fernandez, and that their marriage
was solemnized on April 11, 1979, when in
1. Lawyer; truth, she is legally married to Ruben Mercado
2. Client; and and their marriage took place on April 11, 1978.
3. Third persons who by reason of their work have Mercado claims that the criminal complaint
acquired information about the case being disclosed confidential facts and information
handled such as: relating to the civil case for annulment handled
a. Attorney’s secretary, stenographer and by Vitriolo as her counsel. Did Atty. Julito
clerk; Vitriolo violate the rule on privileged
b. Interpreter, messengers and agents communication between attorney and client?
transmitting communication; and
c. An accountant, scientist, physician, A: No. The evidence on record fails to substantiate
engineer who has been hired for effective Mercado’s allegations. She did not even specify the
consultation (Sec. 24(b), Rule 130, RRC). alleged communication in confidence disclosed by
Atty. Vitriolo. All of Mercado’s claims were couched
Duration of privileged communication in general terms and lacked specificity. Without any
testimony from Mercado as to the specific
The privilege continues to exist even after the confidential information allegedly divulged by Atty.
termination of the attorney-client relationship. Vitriolo without her consent, it is difficult, if not
impossible to determine if there was any violation
NOTE: The privilege character of the of the rule on privileged communication. It is not
communication ceases only when waived by the enough to merely assert the attorney-client
client himself or after his death, by his heir or legal privilege. The burden of proving that the privilege
representative (Lapena, Jr. 2009). applies is placed upon the party asserting the
privilege (Mercado v. Vitrilio, A.C. No. 5108, May 26,
Instances when communication is not privileged 2005).
A communication made by a client to a lawyer is not Q: Atty. Serafin Roto is the Corporate Secretary
privileged in the following instances: of a construction corporation that has secured a
multi-million infrastructure project from the
1. After pleading has been filed because such government. In the course of his duties as
becomes part of public records. corporate secretary, he learned from the
2. When communication was intended by the company president that the corporation had
client to be sent to a third person through his resorted to bribery to secure the project and had
counsel. falsified records to cut implementing costs after
the award of the project. The government filed a 3. Use of Prior Knowledge Obtained - Whether a
civil action to annul the infrastructure contract lawyer will be called upon in his new relation to
and has subpoenaed Atty. Roto to testify against use against the first client any knowledge
the company president and the corporation acquired in the previous employment.
regarding the bribery. Atty. Roto moved to
quash the subpoena, asserting that lawyer- Types of conflict of interest
client privilege prevents him from testifying
against the president and the corporation. 1. Concurrent or multiple representations –
Resolve the motion to quash. (2013 Bar Generally occurs when a lawyer represents
Question) clients whose objectives are adverse to each
other, no matter how slight or remote such
A: The motion to quash should be granted. While it adverse interest may be.
is true that being a corporate secretary does not
necessarily constitute a lawyer-client relation, Atty. The tests for concurrent or multiple
Roto may nevertheless be considered in the practice representations are:
of law if part of his duties as a corporate secretary is
to give legal advice to or prepare legal documents a. Whether a lawyer is duty-bound to fight for
for the corporation. Thus, it is his duty as an an issue or claim in behalf of one client and,
attorney “to maintain inviolate the confidence, and at the same time, to oppose that claim for
at every peril to himself, to preserve the secrets of the other client;
his client (Rule 138, Sec. 20, par. (e), Rules of Court). b. Whether the acceptance of a new relation
would prevent the full discharge of the
CONFLICT OF INTEREST lawyer’s duty of undivided fidelity or
(1991, 1992, 1993, 1994, 1997, 1999, 2000, loyalty to the client;
2001, 2002, 2003, 2004, 2005, 2006, 2008 Bar c. Whether the acceptance of new relation
Questions) would invite suspicion of unfaithfulness or
double-dealing in the performance of the
Rule 15.01, Canon 15 lawyer’s duty of undivided fidelity and
A lawyer, in conferring with a prospective loyalty; and
client, shall ascertain as soon as practicable d. Whether, in the acceptance of a new
whether the matter would involve a conflict relation, the lawyer would be called upon to
with another client or his own interest, and if use against a client confidential
so, shall forthwith inform the prospective information acquired through their
client. connection.
not synonymous with guilt (Seares, Jr. v. Atty. punish only the most obvious form of deceit and
Gonzales-Alzate, Admin. Case. No. 9058, November reward, with impunity, the highest form of
14, 2012). disloyalty (Artueza v. Atty. Maderazo, A.C. No. 4354,
April 22, 2002).
Illustration: Existence of conflict of Interest
Q: Mr. X engaged the services of Atty. Y regarding
1. A v. B his brother’s indebtedness to Caesar’s Palace, a
A and B are present clients. casino in Las Vegas. His services were
reportedly contracted for P100,000. It was
2. C v. D; E v. D found that the debt was actually incurred by
C is the present client and D is not a present Ramon Sy, with Mr. X's brother merely signing
client in the same case but is a present client in for the chits. Atty. Y was able to free Mr. X's
another case. brother from his indebtedness. Having thus
settled the account of Mr. X's brother, Atty. Y
3. F v. G; H v. G sent several demand letters to Mr. X demanding
F is the present client and G was a former client the balance of P50,000.00 as attorney's fees. Mr.
and the cases are related. X refused to pay and claimed, that at the time
Atty. Y was rendering services to Mr. X, he was
4. I v. J; K v. J actually working "in the interest" and "to the
I is the present client and J was a former client advantage" of Caesar's Palace of which he was an
in a case that is unrelated. agent and a consultant. This being the case, Atty.
Y is not justified in claiming that he rendered
5. L, M, N v. O, P, Q legal services to Mr. X in view of the conflicting
L, M, N are present clients but L and M joins interests involved. Did the Atty. Y violate the
O, P, Q (People v. Davis). conflict of interest rule?
of Professional Responsibility (Hornilla v. Atty. controversy and before it reaches the court
Salunat, A.C. No. 5804, July 1, 2003). represent conflicting interests with the express
written consent of all parties concerned given after
Q: Six months ago, Atty. Z was consulted by A, disclosure of the facts. The disclosure should
about a four-door apartment in Manila left by include an explanation of the effects of the dual
her deceased parents. A complained that her representation, such as the possible revelation or
two siblings, B and C, who were occupying two use of confidential information.
units of the apartment, were collecting the
rentals from the other two units and refusing to An attorney owes loyalty to his client not only in the
give her any part thereof. Atty. Z advised A to case in which he has represented him but also after
first seek the intervention of her relatives and relation of attorney and client has terminated.
told her that if this failed, he would take legal
action as A asked him to do. B asks Atty. Z to A lawyer who represented those who were victims
defend him in a suit brought by A against him (B) of a pyramid scam against a corporation and then
and C through another counsel. Should Atty. Z later on enters his appearance as counsel for the
accept the case? officers of such corporation for the criminal cases
involving the same pyramid scam is guilty of
A: No. When A consulted him about her complaint misconduct. The lawyer's highest and most
against B and C, a lawyer-client relationship was unquestioned duty is to protect the client at all
created between A and Atty. Z. Atty. Z cannot hazards and costs even to himself. The protection
subsequently represent B against A in a matter he given to the client is perpetual and does not cease
was consulted about. This constitutes conflict of with the termination of the litigation, nor is it
interest. It does not matter if Atty. Z is not handling affected by the client's ceasing to employ the
the case for A. attorney and retaining another, or by any other
change of relation between them. It even survives
Q: Should Atty. Z tell B that A consulted him the death of the client (Samson v. Atty. Era, A.C. No.
earlier about the same case? Why? (2002 Bar 6664, July 16, 2013).
Question)
Instances when lawyers cannot represent
A: Yes. Rule 21.07 of the CPR provides that "a conflicting interest even if the consent of both
lawyer shall not reveal that he has been consulted clients were secured
about a particular case except to avoid possible
conflict of interest.” In this case, he has to reveal to Where the conflict is:
B that he had been consulted by A on the case that B
if offering to retain his services, in order to avoid a 1. Between the attorney’s interest and that of a
possible conflict of interest. client; or
2. Between a private client’s interests and that of
Rule 15.03, Canon 15 the government or any of its instrumentalities.
A lawyer shall not represent conflicting
interests except by written consent of all Effects of representing adverse interests [DJ-
concerned given after a full disclosure of the FAC]
facts.
1. Disqualification as counsel of new client on
GR: An attorney cannot represent diverse interests. petition of former client;
It is highly improper to represent both sides of an 2. Where such is unknown to, and becomes
issue. The proscription against representation of prejudicial to the interests of the new client, a
conflicting interest finds application where the Judgment against such may, on that ground, be
conflicting interest arise with respect to the same set aside;
general matter and is applicable however slight 3. The attorney’s right to Fees may be defeated if
such adverse interest may be. It applies although the found to be related to such conflict and such
attorney’s intention and motives were honest and was objected to by the former client, or if there
he acted in good faith. was a concealment and prejudice by reason of
the attorney’s previous professional
XPN: Representation of conflicting interest may be relationship with the opposite party;
allowed where the parties consent to the 4. A lawyer can be held Administratively liable
representation after full disclosure of facts (Nakpil through disciplinary action and may be held
v. Valdez, A.C. No. 2040, March 4, 1998). Criminally liable for betrayal of trust.
NOTE: A lawyer may at a certain stage of the Q: Huey Company and Dewey Corporation are
both retainer clients of Atty. Anama. He is the a person whose interest conflicts with that of his
corporate secretary of Huey Company. He present or former client. This rule is so absolute that
represents Dewey Corporation in three pending good faith and honest intention on the erring
litigation cases. Dewey Corporation wants to file lawyer’s part does not make it inoperative. The
a civil case against Huey Company and has reason for this is that a lawyer acquires knowledge
requested Atty. Anama to handle the case. What of his former client’s doings, whether documented
are the options available to Atty. Anama? or not, that he would ordinarily not have acquired
Explain your answer. were it not for the trust and confidence that his
client placed on him in the light of their relationship.
A: The options available to Atty. Anama are: It would simply be impossible for the lawyer to
identify and erase such entrusted knowledge with
1. To decline the case because to do so will faultless precision or lock the same into an iron box
constitute representing conflicting interests. It when suing the former client on behalf of a new one
is unethical for a lawyer to represent a client in (Santos Ventura Hocorma Foundation, Inc.,
a case against another client in the same case. represented by Gabriel H. Abad v. Atty. Richard V.
2. To accept to file the case against Huey Company, Funk. A.C. No. 9094, August 15, 2012).
after full disclosure to both retained clients and
upon their express and written consent. The Q: J and B were former partners of XYZ law
written consent may free him from the charge office. They resigned and formed their law office
of representing conflicting interests, because which represented by SIH against PBC, who is
written consent amounts to a release by the represented by XYZ law firm. PBC, objects to the
clients of the lawyer’s obligation not to appearance of J and B who demurred on the
represent conflicting interests. ground that they did not participate in the case
of PBC when they were still members of the XYZ
Q: If you were Atty. Anama, which option would law office. May J and B be disqualified?
you take? Explain.
A. Yes, J and B violated Rule 15.03. When J and B
A: If I were Atty. Anama, I will choose the first option were still members of the firm, they were duty-
and inhibit myself in the case as both entities are my bound to fight for the claim of the firm’s client,
clients. The conflict of interests between the which is PBC and now that they are separated from
contending clients may reach such a point that, the firm, they are now duty-bound to fight for the
notwithstanding their consent to the common claim of the opponent of PBC, which is SIH. Also
representation, the lawyer may be suspected of when J and B accepted SIH as their new client, they
disloyalty by one client. His continuing to act in a were called upon to use any confidential
double capacity strikes deeply in the foundation of information they may have acquired through their
the attorney-client relationship. previous connection or employment in XYZ law
office which handled the case of PBC versus SIH.
Q: Hocorma Foundation filed a complaint for
disbarment against Atty. Funk who used to work Q: R is a retained counsel of ABC Bank-Ermita
as corporate secretary, counsel, chief executive Branch. One day, his Balikbayan compadre B,
officer, and trustee of the foundation. He also consulted him about his unclaimed deposits
served as its counsel in several criminal and civil with the said branch of ABC Bank, which the
cases. Complainant alleged that Atty. Funk filed bank had refused to give to him claiming that the
an action for quieting of title and damages account had become dormant. R agreed to file a
against Hocorma on behalf of Mabalacat case against the bank with the Regional Trial
Institute using information he acquired while Court (RTC) of Manila. B lost the case, but upon
with the foundation. As a defense, Atty. Funk the advice of R, he no longer appealed the
contended that he was hired by Don Santos to decision. B later discovered that R was the
serve as director and legal counsel. He retained counsel of ABC Bank-Ermita Branch.
emphasized that, in all these, the attorney-client Does B have any remedy? Discuss the legal and
relationship was always between Santos and ethical implications of the problem. (2014 Bar
him. He was more of Santos’ personal lawyer Question)
than the lawyer of Hocorma Foundation. Did
Atty. Funk betray the trust and confidence of a A: Atty. R clearly violated the rule against
former client? representing conflicting interests (Rule 15.03, Code
of Professional Responsibility). B may file an action
A: Yes. An attorney owes his client undivided to set aside the judgment on the theory that if a
allegiance. An attorney may not, without being lawyer is disqualified from appearing as counsel for
guilty of professional misconduct, act as counsel for a party on account of conflict of interests, he is
to influence any public official, tribunal or Q: Maria Cielo Suzuki entered into contracts of
legislative body. sale and real estate mortgage with several
persons. The sale and mortgage transactions
This rule is known as INFLUENCE-PEDDLING. It is were facilitated by Atty. Erwin Tiamson, counsel
improper for a lawyer to show in any way that he of the sellers. Suzuki paid P80,000 as her share
has connections and can influence any tribunal or in the expenses for registration. He retained in
public official, judges, prosecutors, congressmen his possession the subject deeds of absolute sale
and others, especially so if the purpose is to enhance and mortgage as well as the owner's copy of the
his legal standing and to entrench the confidence of title. However, he never registered the said
the client that his case or cases are assured of documents and did not cause the transfer of the
victory. title over the subject property in the name of
Suzuki. Atty. Tiamson said that he did not
Q: In a case for inhibition filed against Judge register the deed of sale to protect the interest
Paas, it was found that her husband, Atty. of his client and even if the same has been
Renerio Paas, was using his wife's office as his registered, he cannot give him the owner's
office address in his law practice. Judge Paas duplicate copy until purchase price for the
admitted that Atty. Paas did use her office as his subject property has been fully paid and the real
return address for notices and orders in 2 estate mortgage cancelled. Is Atty. Tiamson
criminal cases, lodged at the Pasay City RTC, but justified in not registering the transaction?
only to ensure and facilitate delivery of those
notices, but after the cases were terminated, all A: No. Rule 15.07 obliges lawyers to impress upon
notices were sent to his office address in Escolta. their clients compliance with the laws and the
Was Atty. Paas’ act of using his wife’s office as his principle of fairness. To permit lawyers to resort to
office address unprofessional and unscrupulous practices for the protection of the
dishonorable? supposed rights of their clients is to defeat one of
the purposes of the State, the administration of
A: Yes. By allowing Atty. Paas to use the address of justice. While lawyers owe their entire devotion to
her court in pleadings before other courts, Judge the interest of their clients and zeal in the defense of
Paas had indeed allowed her husband to ride on her their client's right, they should not forget that they
prestige for the purpose of advancing his private are, first and foremost, officers of the court, bound
interest. to exert every effort to assist in the speedy and
efficient administration of justice. The client's
Atty. Paas is guilty of simple misconduct because of interest is amply protected by the real estate
using a fraudulent, misleading, and deceptive mortgage executed by complainant. Thus, Atty.
address that had no purpose other than to try to Tiamson failed to live up to this expectation (Suzuki
impress either the court in which his cases are v. Tiamson, A.C. No. 6542, September 30, 2005).
lodged, or his client, that he has close ties to a
member of the judiciary, in violation of the Code of CONCURRENT PRACTICE OF
Professional Responsibility. ANOTHER PROFESSION
The need for relying on the merits of a lawyer's case, Rule 15.08, Canon 15
instead of banking on his relationship with a A lawyer who is engaged in another profession
member of the bench which tends to influence or or occupation concurrently with the practice
gives the appearance of influencing the court, of law shall make clear to his client whether he
cannot be overemphasized. It is unprofessional and is acting as a lawyer or in another capacity.
dishonorable, to say the least, to misuse a public
office to enhance a lawyer's prestige. Public This rule is intended to avoid confusion; it is for the
confidence in law and lawyers may be eroded by benefit of both the client and the lawyer (Funa,
such reprehensible and improper conduct (Paas v. 2009).
Almarvez, A.M. No. P-03-1690, April 4, 2003).
The lawyer should inform the client when he is
COMPLIANCE WITH LAWS acting as a lawyer and when he is not, because
certain ethical considerations governing the client-
Rule 15.07, Canon 15 lawyer relationship may be operative in one case
A lawyer shall impress upon his client and not in the other (Report of the IBP Committee).
compliance with the laws and the principles of
fairness. A party’s engagement of his counsel in another
capacity concurrent with the practice of law is not
prohibited, so long as the roles being assumed by
such counsel is made clear to the client (New immediately return the money to his client. His
Sampaguita Builder Construction, Inc. v. Philippine unjustified withholding of Luis’ money is a gross
National Bank, G.R. No. 148753, July 30, 2004). violation of the general morality and professional
ethics (De Guzman v. Atty. Emmanuel Basa, A.C. No.
CLIENT’S MONEYS AND PROPERTIES 5554, June 29, 2004).
Money collected by the lawyer on a judgment Furthermore, Article 1491 of the Civil Code states
favorable to his client constitute trust funds and that:
should be immediately paid over to the client. While “The following persons cannot acquire
Section 37, Rule 138 of the Rules of Court grants the or purchase, even at public or judicial
lawyer a lien upon the funds, documents and papers auction, either in person or through the
of his client, which have lawfully come into his mediation of another:
possession, such that he may retain the same until xxx
his lawful fees and disbursements have been paid, (5) lawyers, with respect to the property
and apply such funds to the satisfaction thereof, the and rights which may be the object of any
lawyer still has the responsibility to promptly litigation in which they take part by
account to his client for such moneys received. virtue of their profession” (see NCC).
Failure to do so constitutes professional
misconduct. NOTE: This prohibition is entirely independent of
fraud and such need not be alleged or proven. Art.
The lawyer’s failure to turn over such funds, 1491 (5) of the NCC applies only if the sale or
moneys, or properties to the client despite the assignment of the property takes place during the
latter’s demands give rise to the presumption that pendency of the litigation involving the client’s
the lawyer had converted the money for his property (Ramos v. Ngaseo, A.C. No. 6210, December
personal use and benefit. This failure also renders 9, 2004).
the lawyer vulnerable to judicial contempt under
Section 25, Rule 138 of the Rules of Court (CPR Q: In an action to prevent the condominium
Annotated, PhilJA). developer from building beyond ten (10) floors,
Judge Cerdo rendered judgment in favor of the
Q: An adverse judgment was rendered in a civil defendant developer. The judgment became
case against Luis de Guzman. His counsel was final after the plaintiffs failed to appeal on time.
Atty. Emmanuel Basa and he wanted to Judge Cerdo and Atty. Cocodrilo, counsel for the
challenge the decision through a petition for developer, thereafter separately purchased a
certiorari. It was agreed that Luis will pay condominium unit each from the developer.
P15,000 for said legal service. Atty. Basa
collected a down payment of P5,000. However, Did Judge Cerdo and Atty. Cocodrilo commit any
no such petition was filed. He did not seasonably act of impropriety or violate any law for which
file with the CA the required appellant’s brief they should be held liable or sanctioned? (2013
resulting in the dismissal of the appeal. Despite Bar Question)
several extensions to file the appellant’s brief,
Atty. Basa failed to do so. Instead, he filed two A: Judge Cerdo and Atty. Cocodrilo did not commit
more motions for extension. When he filed the any act of impropriety nor did they violate any law.
appellant’s brief, it was late, being beyond the
last extension granted by the appellate court. The prohibition imposed by the Civil Code, Art. 1491
Was Atty. Emmanuel Basa negligent in the (3), prohibiting judges and attorneys, and that
performance of his professional duty to Luis de contained in the Canons of Professional Ethics,
Guzman? Canon 10, with regard to purchase of any interest in
the subject matter of litigation both refer only to
A: Yes, he is guilty of gross misconduct. Where a instances where the property is still the subject of
client gives money to his lawyer for a specific the litigation.
purpose, such as to file an action or appeal an
adverse judgment, the lawyer should, upon failure The prohibition does not apply to instances, such as
to take such step and spend the money for it, in the problem, where the conveyance takes place
after the judgment because the property can no attorney D did not sell her lots but instead paid
longer be said to be the “subject of litigation” her creditors with his own funds and had her
(Director of Lands v. Abba, 88 SCRA 513). land titles registered in his name. Did attorney D
violate the CPR? (2007 Bar Question)
FIDUCIARY RELATIONSHIP
A: The decision of the Supreme Court in the case of
Rule 16.01, Canon 1 Hernandez v. Go (450 SCRA 1), is squarely applicable
A lawyer shall account for all money or to this problem. Under the same set of facts, the
property collected or received for or from the Supreme Court held the lawyer to have violated
client. Canons 16 of the CPR, which provides as follows:
A lawyer must be scrupulously careful in handling Canon 16: A lawyer shall hold in
money entrusted to him in his professional capacity, trust all moneys and properties of
because of the high degree of fidelity and good faith his client that may come into his
expected on his part (Medina v. Bautista, A.C. No. possession.
190, September 26, 1964).
And Canon 17 of the same Code, which provides as
Lawyer’s inexcusable act of withholding the follows:
property of client and imposing unwarranted fees in
exchange for release of documents deserve the Canon 17: A lawyer owes fidelity to
imposition of disciplinary action (Miranda v. Carpio, the cause of his client and he shall
A.C. No. 6281, September 26, 2011). be mindful of the trust and
confidence reposed in him.
Q: X sought assistance to the President of the IBP
to enable him to talk to Atty. U who had allegedly The Supreme Court further held that the lawyer
been avoiding him for more than a year. Atty. U concerned has engaged in deceitful, dishonest,
failed to turn–over to his client the amount given unlawful and grossly immoral acts, which might
to him by X as settlement for a civil case. Is Atty. lessen the trust and confidence reposed by the
U guilty for violating Canon 16 of the Code of public in the fidelity, honesty, and integrity of the
Professional Responsibility? legal profession. Consequently, the Court disbarred
him.
A: Yes. The Code of Professional Responsibility
mandates every lawyer to hold in trust all money Fiduciary duty
and properties of his client that may come into his
possession. A lawyer’s failure to return upon The principle that an attorney derives no undue
demand the funds or property held by him on behalf advantage that may operate to the prejudice or
of his client gives rise to the presumption that he has cause an occasion for loss of a client refers to
appropriated the same for his own use to the fiduciary duty. The relationship between the lawyer
prejudice of, and in violation of the trust reposed in and the client is one of mutual trust and confidence
him by, his client. The relation between attorney of the highest degree.
and client is highly fiduciary in nature. Being such, it
requires utmost good faith, loyalty, fidelity and Instances when civil liability arises
disinterestedness on the part of the attorney. Its
fiduciary nature is intended for the protection of the 1. Client is prejudiced by lawyer's negligence or
client (Espiritu v. Ulep, A.C. No. 5808, May 4, 2005). misconduct;
2. Breach of fiduciary obligation;
Q: C engaged the services of attorney D 3. Civil liability to third persons;
concerning various mortgage contracts entered 4. Libelous words in pleadings;
into by her husband from whom she is separated 5. violation of communication privilege;
fearful that her real estate properties will be 6. Liability for costs of suit (Treble Costs) – when
foreclosed and of impending suits for sums of lawyer is made liable for insisting on client's
money against her. Attorney D advised C to give patently unmeritorious case or interposing
him her land titles covering her lots so he could appeal merely to delay litigation
sell them to enable her to pay her creditors. He
then persuaded her to execute deeds of sale in Remedy of the client
his favor without any monetary or valuable
consideration, to which C agreed on condition Recover property from lawyer, together with its
that he would sell the lots and from the proceeds fruits, subject to client’s returning to his lawyer the
pay her creditors. Later on, C came to know that purchase price thereof and the legal interests
thereon.
XPN: Where the lawyer insisted on client’s patently
Exemption from liability unmeritorious case or interposed an appeal to delay
litigation or thwart prompt satisfaction of
A lawyer is exempted from liability for slander, libel prevailing party’s just and valid claim, the court may
or for words otherwise defamatory, published in the adjudge lawyer to pay treble costs of suit.
course of judicial proceedings, provided the
statements are connected with, relevant, pertinent CO-MINGLING OF FUNDS
and material to the cause in hand or subject of
inquiry. Rule 16.02, Canon 16
A lawyer shall keep the funds of each client
NOTE: Test of relevancy – The matter to which the separate and apart from his own and those of
privilege does not extend must be palpably wanting others kept by him.
in relation to the subject of controversy, that no
reasonable man can doubt its relevancy or Failure of the lawyer to account all the funds and
propriety. property of his client which may come into his
possession would amount to misappropriation
Criminal liability of lawyers which may subject him to disbarment on the ground
of grave misconduct or a criminal prosecution for
A lawyer may be held criminally liable if he commits estafa under Art. 315, par. 1(b) of the RPC.
any of the following:
Q: BPI filed two complaints for replevin and
1. Causes prejudice to the client thru malicious damages against Esphar Medical Center Inc. and
breach of professional duty or thru inexcusable its President Cesar Espiritu. Espiritu engaged
negligence or ignorance; the services of Atty. Juan Cabredo IV. While these
2. Reveals client’s secrets learned in lawyer’s cases were pending, the latter advised Esphar to
professional capacity thru malicious breach of remit money and update payments to the bank
professional duty or inexcusable negligence or through the trial court. Accordingly, Esphar's
ignorance; representative delivered a total of P51,161.00 to
3. A lawyer who has undertaken the defense of a Atty. Cabredo's office. However, the
client or has received confidential information management of Esphar found out that he did not
from said client in a case may be criminally deliver said money to the court or to the bank.
liable for undertaking defense of opposing Did Atty. Caredo commit a breach of trust?
party in same cause without consent of first
client (Art. 209, RPC); A: Yes. His act amounted to deceit in violation of his
4. A lawyer who shall knowingly introduce in oath. The relationship between a lawyer and a client
evidence in any judicial proceeding or to the is highly fiduciary; it requires a high degree of
damage of another or who, with intent to cause fidelity and good faith. Hence, in dealing with trust
such damage, shall use any false document may property, a lawyer should be very scrupulous.
be held criminally liable therefor (Art. 172, Money or other trust property of the client coming
RPC); and into the possession of the lawyer should be reported
5. A lawyer who appropriates his client’s funds by the latter and account any circumstances, and
may be held liable for estafa. should not be commingled with his own or be used
by him (Espiritu v. Cabredo IV, A.C. No. 5831, January
NOTE: When a lawyer collects or receives money 13, 2003).
from his client for a particular purpose, he should
promptly account to the client how the money DELIVERY OF FUNDS
was spent. His failure either to render an
accounting or to return the money (if the Rule 16.03, Canon 16
intended purpose of the money does not A lawyer shall deliver the funds and property
materialize) constitutes a blatant disregard of of his client when due or upon demand.
Rule 16.01 of the CPR (Belleza v. Malaca, A.C. No. However, he shall have a lien over the funds
7815, July 23, 2009). and may apply so much thereof as may be
necessary to satisfy his lawful fees and
Costs of Suit disbursements, giving notice promptly
thereafter to his client. He shall also have a
GR: Losing client and not the lawyer is liable for lien to the same extent on all judgments and
costs of suit in favor of prevailing party, the lawyer executions he has secured for his client as
not being a party-litigant.
provided for in the Rules of Court. only be done by faithfully performing the lawyer's
duties to society, to the bar, to the courts and to his
Counsel cannot unilaterally retain client’s clients (Fernandez v. Atty. Cabrera II, A.C. No. 5623,
property for his attorney’s lien December 11, 2003).
A counsel has no right to retain or appropriate Q: Soliman engaged the services of Atty. Amboy
unilaterally as lawyer’s lien any amount belonging in connection with a partition case. No case was
to his client which may come into his possession filed as the other co-owners were amenable to
(Cabigao v. Rodrigo, 57 Phil. 20). the partition. Instead, Atty. Amboy just
facilitated the issuance of the titles to the said
NOTE: While this rule provides that the lawyer has property. Atty. Amboy then told Soliman that
the right to retain the funds of his client as may be someone from the Register of Deeds can help
necessary to satisfy his lawful fees and expedite the issuance of the titles for a fee of
disbursements known as attorney’s lien and his lien P50,000.00 which Soliman deposited to Atty.
to the same extent on all judgments and executions Amboy’s bank account as payment for the
he has secured for his client called charging lien, he latter’s contact. However, Atty. Amboy failed to
is still duty bound to render an accounting of his deliver the respective certificates of title.
client’s funds and property which may come into his Soliman claimed that Atty. Amboy thereafter
possession in the course of his professional refused to release the pertinent documents she
employment In the application of attorney’s lien, a gave to her for the processing of the titles to the
lawyer shall give notice to his client otherwise, the property or give back the P50,000.00 that was
same might be construed as misappropriation already paid to her. Did Atty. Amboy violate the
which may subject him to disciplinary action Code of Professional Responsibility?
(Antiquiera, 2007).
A: Yes, Atty. Amboy violated the Code. Upon inquiry,
Q: Fernandez engaged the services of Atty. the supposed contact denied having received any
Cabrera II to handle the cases of her associates amount from Atty. Amboy. In not returning the
in Baguio City. After taking hold of the records of money to Soliman after a demand therefor was
the cases that Fernandez entrusted to him and made following her failure to procure the issuance
after getting initially paid for the services he of the certificates of title, Atty. Amboy violated
would render, Atty. Cabrera II suddenly Canon 16, particularly Rule 16.03 thereof, which
disappeared and could no longer be located in requires that a lawyer shall deliver the funds and
his given address or in the addresses that property of his client upon demand. A lawyer’s
Fernandez gathered. Did Atty. Cabrera II violate failure to return upon demand the funds held by him
the Code of Professional Responsibility when he on behalf of his client gives rise to the presumption
accepted the records and money of the that he has appropriated the same for his own use in
complainant and thereafter failed to render his violation of the trust reposed in him by his client
services? (Soliman v. Amboy, A.C. No. 10568 January 13, 2015).
Prohibition from borrowing money from client confidence. The canon presumes that the client is
disadvantaged by the lawyer’s ability to use all the
GR: A lawyer is not allowed to borrow money from legal maneuverings to renege on her obligation
his client. (Frias v. Lozada, A.C. NO. 6656, December 13, 2005).
XPN: The client’s interests are fully protected by the NOTE: The principle behind Rule 16.04 is to prevent
nature of the case or by independent advice. the lawyer from taking advantage of his influence
over the client or to avoid acquiring a financial
Prohibition of lending money to client interest in the outcome of the case.
GR: A lawyer is not allowed to lend money to his FIDELITY TO CLIENT’S CAUSE
client.
CANON 17
XPN: When in the interest of justice, he has to A lawyer owes fidelity to the cause of his client
advance necessary expenses in a legal matter he is and he shall be mindful of the trust and
handling for the client (Rule 16.04, CPR). confidence reposed in him.
the slow progress of the case so they demanded advise their client of the consequences of
the return of the money they paid. Despite the pleading guilty; one PAO lawyer left the
acceptance of P7,000, Atty. Guaren failed to courtroom during trial and thus was not able to
perform his obligation and allowing 5 years to cross-examine the prosecution witnesses. The
elapse without any progress in the titling of other postponed the presentation of evidence
complainants’ lot. Did Atty. Guaren violate the for the defense, and when he appeared, he said
Code of Professional Responsibility? he would rely solely on the plea of guilty, in the
belief that it would lower the penalty to
A: Yes. The Supreme Court reiterated that the reclusion perpetua. Should the three PAO
practice of law is not a business. It is a profession in lawyers be disciplined?
which duty to public service, not money, is the
primary consideration. Lawyering is not primarily A: Yes. All three (3) of them displayed manifest
meant to be a money-making venture, and law disinterest on the plight of their client. They lacked
advocacy is not a capital that necessarily yields vigor and dedication to their work. Canon 18 of the
profits. The gaining of a livelihood should be a Code of Professional Responsibility requires every
secondary consideration. The duty to public service lawyer to serve his client with utmost dedication,
and to the administration of justice should be the competence and diligence. He must not neglect a
primary consideration of lawyers, who must legal matter entrusted to him, and his negligence in
subordinate their personal interests or what they this regard renders him administratively liable.
owe to themselves. In this case, Atty. Guaren Obviously, in the instant case, the defense lawyers
admitted that he accepted the amount of P7,000 as did not protect, much less uphold, the fundamental
partial payment of his acceptance fee. He, however, rights of the accused. Instead, they haphazardly
failed to perform his obligation to file the case for performed their function as counsel de officio to the
detriment and prejudice of the accused Sevilleno,
NOTE: The titling of complainants’ lot despite the however guilty he might have been found to be after
lapse of 5 years. Atty. Guaren breached his duty to trial (People v. Sevilleno, G.R. No. 129058, March 29,
serve his client with competence and diligence 1999).
when he neglected a legal matter entrusted to him.
Thus, Atty. Guaren violated Canons 17 and 18 of the NOTE: In one case, respondent lawyer admitted
Code of Professional Responsibility and was that he deliberate failed to timely file a formal offer
suspended from the practice of law for six months of exhibits because he believes that the exhibits
(Brunet v. Guaren, A.C. No. 10164, March 10, 2014). were fabricated and was hoping that the same
would be refused admission by the RTC. If
COMPETENCE AND DILIGENCE respondent truly believes that the exhibits to be
presented in evidence by his clients were fabricated,
CANON 18 then he has the option to withdraw from the case.
A lawyer shall serve his client with Canon 22 allows a lawyer to withdraw his services
competence and diligence. for good cause such as when the client pursues an
illegal or immoral course of conduct with the matter
he is handling or when the client insists that the
Diligence is the attention and care required of a lawyer pursue conduct violative of these canons and
person in a given situation and is the opposite of rules (Sps. Warriner v. Atty. Dublin, A.C. No. 5239,
negligence. It is axiomatic in the practice of law that November 18, 2013).
the price of success is eternal diligence to the cause
of the client (Edquibal v. Ferrer, A.C. No. 5687, COLLABORATING COUNSEL
February 3, 2005).
Rule 18.01, Canon 18
Degree of diligence required in the profession A lawyer shall not undertake a legal service
which he knows or should know that he is not
The legal profession demands of a lawyer that qualified to render. However, he may render
degree of vigilance and attention of a good father of such service if, with the consent of his client, he
a family (Lapena, 2009) or ordinary pater familias can obtain as collaborating counsel a lawyer
(Pineda, 2009). He is not required to exercise who is competent on the matter.
extraordinary diligence (Edquibal v. Ferrer, Jr., A.C.
No. 5687, February 3, 2005). The lawyer’s acceptance, whether for a fee or not, is
an implied representation that he possesses the
Q: In a criminal case for rape with homicide, the requisite degree of academic learning, skill and
accused pleaded guilty. However, the three PAO ability to handle the case.
lawyers assigned as counsel de oficio did not
violated Canon 18 of the CPR, which provides that a was not able to finish said Appellant’s Brief within
lawyer shall serve his client with competence and the fifteen day period earlier requested by him.” It is
diligence, and Rule 18.03 which provides that a clear that Atty. Jimenez was indeed in charge of the
lawyer shall not neglect a legal matter entrusted to case. A lawyer representing a client bears the
him and his negligence in connection therewith responsibility of protecting the client’s interest with
shall make him liable. utmost diligence.
In refusing to comply with N's request to withdraw Any person, or the court, motu proprio, may initiate
from the case, Atty. M violated the rule that a client disciplinary proceedings. The right to institute
has the absolute right to terminate the lawyer client disbarment proceedings is not confined to clients
relationship at any time with or without cause. nor is it necessary that the person complaining
suffered injury from the alleged wrongdoing.
Atty. M's defense that the voluminous records Disbarment proceedings are matters of public
turned over to him were in disarray and when he interest (Figueras v. Jimenez, A.C. No. 9116, March 12,
appeared for B, he had only half of the information 2014).
and background of the case, is not meritorious. Rule
18.02 provides that he shall not handle any legal DUTY TO APPRISE CLIENT
matter without adequate preparation. He should
have been competent and diligent enough to Rule 18.04, Canon 18
organize the records given to him, and not to go to A lawyer shall keep the client informed of the
trial with only half of the information and status of his case and shall respond within a
knowledge of the case. It is his duty to go to trial reasonable time to the client’s request for
adequately prepared (Rule 12.01, CPR). information.
His defense that friends of N assured him that they A lawyer should notify his client of the adverse
had approached the judge, and asked him to prepare decision while within the period to appeal to enable
a motion for reconsideration, which he allegedly did the client to decide whether to seek an appellate
and gave them, is incredible. Even if true, Atty. M review. He should communicate with him
violated Canon 13 of the CPR which provides that “a concerning the withdrawal of appeal with all its
lawyer shall rely upon the merits of his cause and adverse consequences. The client is entitled to the
refrain from any impropriety which tends to fullest disclosure of the mode or manner by which
influence or gives the appearance of influencing the his interest is defended or why certain steps are
court.” taken or omitted.
Q: Spouses Santander filed a civil suit for Q: Spouses Garcia engaged the services of Atty.
damages against Congressional Village Rolando Bala to appeal to the CA the adverse
Homeowner’s Association and Ely Mabanag. decision of the Department of Agrarian
Atty. Jimenez was the counsel of record and Relations Adjudication Board (DARAB). Instead,
handling lawyer for the association. The RTC he erroneously filed a Notice of Appeal. During
rendered a decision in favor of the Sps. one instance when the spouses had called on
Santander. The CA dismissed the appeal on the him to ask for a copy of the supposed appeal,
ground that the original period to file the Atty. Bala uttered unsavory words against them.
appellant’s brief had expired 95 days before the Because of his error, the prescribed period for
first motion for extension of time to file said filing the petition lapsed, to the prejudice of his
brief was filed. Some members of the association clients. Did Atty. Bala violate any ethical rules?
filed a Complaint for Disbarment against Atty.
Jimenez. In his defense, Atty. Jimenez alleged A: Yes. Rule 18.04 states that a "lawyer shall keep
that the members have no personality to file the the client informed of the status of his case and shall
disbarment complaint as they were not his respond within a reasonable time to the client's
clients. Is Atty. Jimenez liable for violating Rule request for information." Accordingly, the spouses
18.03 and Canon 18 of the Code of Professional had the right to be updated on the developments
Responsibility? and status of the case for which they had engaged
the services of Atty. Bala. But he apparently denied
A: Yes, Atty. Jimenez is liable. His failure to file the them that right. Having become aware of the wrong
appellant’s brief within the period provided by law remedy he had erroneously taken, he purposely
violates Canon 18 of the CPR. Atty. Jimenez had filed evaded his clients, refused to update them on the
with the CA an Urgent Motion for Extension stating appeal, and misled them as to his whereabouts.
that a previous motion had been filed but “due to the Moreover, he uttered invectives at them when they
health condition of the undersigned counsel…he visited him for an update on the case (Spouses
UNIVERSITY OF SANTO TOMAS
79 FACULTY OF CIVIL LAW
LEGAL ETHICS
The knowledge acquired by an attorney during the GR: A lawyer is presumed to be properly authorized
time that he is acting within the scope of his to represent any cause in which he appears.
authority is imputed to the client. It is based on the
assumption that an attorney, who has notice of XPN: On motion of either party and on reasonable
matter affecting his client, has communicated the grounds, the presiding judge may require an
same to his principal in the course of professional attorney to prove the authority under which he
dealings. appears (Sec. 21, Rule 138, RRC).
NOTE: The doctrine applies regardless of whether Voluntary appearance of lawyer without
or not the lawyer actually communicated to the authority
client what he learned in his professional capacity,
the attorney and his client being one judicial person. An attorney may not appear for a person until he is
in fact employed by, or retained for such person. An
Notice to counsel is notice to client, but not vice attorney willfully appearing in court for a person
versa if the latter appeared by attorney without being employed, unless by leave of court,
may be punished for contempt as an officer of the
GR: The law requires that service of any notice upon court, who has misbehaved in his official
a party who has appeared by attorney shall be made transactions (Sec. 26, Rule 138).
upon his attorney. Notice sent to a party who has
appeared by counsel is not notice in law, it being Effects of unauthorized appearance
immaterial that the client actually received the
notice or volunteered to get a copy thereof. 1. The party represented is not bound by
attorney’s appearance in the case neither by the
XPNs: judgment rendered therein;
1. Strict application might foster dangerous 2. Court does not acquire jurisdiction over the
collusion to the detriment of justice; person of the party represented;
2. Service of notice upon party instead of upon his 3. The adverse party who has been forced to
attorney is ordered by the court; litigate as a defendant by the unauthorized
3. Notice of pre-trial is required to be served upon action on the part of the attorney for the
parties and their respective lawyers; plaintiff may, on that ground, move for the
4. In appeal from the lower court to the RTC, upon dismissal of the complaint; and
docketing of appeal. 4. If unauthorized appearance is willful, attorney
may be cited for contempt as an officer of the
REPRESENTATION WITH ZEAL court who has misbehaved in his official
WITHIN LEGAL BOUNDS transactions, and he may be disciplined for
professional misconduct.
CANON 19
A lawyer shall represent his client with zeal Ratification of unauthorized appearance
within the bounds of the law
1. Express – Categorized assertion by client that he
has authorized a lawyer or that he confirms his
When a lawyer accepts a case, whether for a fee or authorization to represent him in the case.
not, his acceptance is an implied representation that
he: [CASE] 2. Implied – Where party with knowledge of fact
that a lawyer has been representing him in a case, Under this rule, a lawyer should not file or threaten
accepts benefits of representation or fails to to file any unfounded or baseless criminal case or
promptly repudiate the assumed authority. cases against the adversaries of his client designed
to secure a leverage to compel the adversaries to
Requisites of implied ratification by silence yield or withdraw their own cases against the
lawyer’s client.
1. The party represented by the attorney is of age
or competent or if he suffers from any disability, CLIENT’S FRAUD
he has a duly appointed guardian or legal
representative; Rule 19.02, Canon 19
2. The party or his guardian, as the case may be, is A lawyer who has received information that
aware of the attorney’s representation; and his client has, in the course of the
3. He fails to promptly repudiate assumed representation, perpetrated a fraud upon a
authority. person or tribunal, shall promptly call upon
the client to rectify the same, and failing which
Extent of lawyer’s authority in litigation he shall terminate the relationship with such
client in accordance with the Rules of Court
A lawyer has authority to bind the client in all (2001 Bar Question)
matters of ordinary judicial procedure. The cause of
action, the claim or demand sued upon and the The lawyer’s duty to his client does not mean
subject matter of the litigation are within the freedom to set up false or fraudulent claims
exclusive control of the client. A client may waive, especially with respect to provisions of law or
surrender, dismiss, or compromise any of his rights administrative rules and that while lawyers are
involved in litigation in favor of the other party even bound to exert utmost legal skill in prosecuting their
without or against the consent of his attorney. client’s cause or defending it, their duty, first and
foremost, is to the administration of justice (CPR
Q: May a lawyer be held liable for damages by his Annotated, PhilJA).
clients for the lawyer’s failure to file the
necessary pleadings to prosecute the client’s NOTE: It is an unethical tactic for a lawyer to offer
case and as a result of which the client suffered monetary rewards to anyone who could give him
damages? (2014 Bar Question) information against a party so that he could have
leverage against all actions involving such party
A: Yes, a lawyer may be held liable for damages by (CPR Annotated, PhilJA).
his client for failure to represent his client with zeal
(Canon 19, CPR) and for not serving his client with Q: Atty. Bravo represents Carlos Negar (an
competence and diligence (Canon 18, CPR). insurance agent for Dormir Insurance Co.) in a
suit filed by insurance claimant Andy Limot who
USE OF FAIR AND HONEST MEANS also sued Dormir Insurance. Limot testified
during the trial that he had mailed the notice of
Rule 19.01, Canon 9 the loss to the insurance agent, but admitted
A lawyer shall employ only fair and honest that he lost the registry receipt so that he did not
means to attain the lawful objectives of his have any documentary evidence of the fact of
client and shall not present, participate in mailing and of its timeliness. Dormir Insurance
presenting or threaten to present, participate denied liability contending that the timely
in presenting or threaten to present notice had not been given either to the company
unfounded criminal charges to obtain an or its agent.
improper advantage in any case or
proceeding (1997 Bar Question) A few days after Negar testified, he admitted to
Atty. Bravo that he had lied when he denied
Rule 19.01 of the CPR obligates a lawyer, in receipt of Limot's notice; he did receive the
defending his client, to employ only such means as notice by mail but immediately shredded it to
are consistent with truth and honor. He should not defeat Limot's claim.
prosecute patently frivolous and meritless appeals
or institute clearly groundless actions. The act of a If your were Atty. Bravo, what would you do in
lawyer in preventing the execution of the judgment light of your client's disclosure that he perjured
against his clients shows that he actually committed himself when he testified? (2013 Bar Question)
what the above rule expressly prohibits (Que v.
Revilla, A.C. No. 7054, December 4, 2009). A: I shall promptly call upon Carlos Negar, my client,
to rectify his perjured testimony by recanting the
UNIVERSITY OF SANTO TOMAS
81 FACULTY OF CIVIL LAW
LEGAL ETHICS
same before the court. Should he refuse or fail to do of the Rules of Court. Moreover, Rule 19.02 of the
so I shall then terminate my relationship with him CPR provides that “a lawyer who has received
(Canon, 19, Rule 19.02) stating that with his having information that his client has, in the course of the
committed perjury he persuaded an illegal conduct representation, perpetuated a fraud upon a person
in connection with the case (Ibid., Canon 22, Rule or tribunal, shall promptly call upon the client to
22.01). rectify the same, and failing which, he shall
terminate the relationship with such client in
Q: In a prosecution for a murder against a accordance with the Rules of Court.”
ranking army officer, the latter engaged the
services of RS, a well-known trial lawyer, to PROCEDURE IN HANDLING THE CASE
whom the officer in one of their conferences
disclosed a plan to eliminate or salvage—i.e., kill Rule 19.03, Canon 19
or otherwise cause to disappear—the only A lawyer shall not allow his client to dictate
witness, a fellow military officer, through a the procedure in handling the case.
contrived traffic or highway vehicular accident.
Who has control over the case
a. What are the legal and moral obligations of
Atty. RS to his client and to the authorities,
1. As to matters of procedure - it is the client who
under the given circumstances?
yields to the lawyer and not the lawyer yielding to
b. Should the planned accident take place, and
the client (Lapena 2009).
the witness to the prosecution be killed, as a
result, is Atty. RS under any obligation to
NOTE: The basis of this rule is that the lawyer is
disclose to the authorities the plan that his
better trained and skilled in law.
client had mentioned to him, as above
mentioned?
2. As to subject matter - the client is in control.
A:
NOTE: Cause of action, claim or demand, and
a. Atty. RS has the obligation to disclose such facts
subject of litigation are within client’s control.
to authorities. The announced intention of a
Proceedings to enforce the remedy are within the
client to commit a crime is not included within
exclusive control of the attorney.
the confidences which his attorney is bound to
respect. The attorney cannot reveal to anybody
Authority of counsel to compromise
the facts stated by the client as regards the case
proceedings. However this is not an absolute
GR: The attorney has no authority to
rule. The privilege is limited or has reference
compromise his client’s case. This is so because the
only to communications which are within the
client, even if represented by counsel, retains
ambit of lawful employment and does not
exclusive control over the subject matter of the
extend to those transmitted in contemplation of
litigation. The client can, of course, authorize his
future crimes or fraud.
lawyer to compromise his case, and the settlement
made by the lawyer will bind his client.
b. Yes, Atty. RS has the obligation to disclose such
information to the authorities. As provided for
XPNs:
by Rule 19.02 of Canon 19, a lawyer shall not
1. When the lawyer is confronted with an
allow his client to perpetrate fraud. He shall
emergency where prompt and urgent action is
promptly advise the client to rectify the same,
necessary to protect the interest of his client
and if the client refuses to heed the lawyer's
and there is no opportunity for consultation
advice for rectification, the lawyer must
with the latter.
withdraw from the case (People v.
2. Settlement of monetary obligation to client is
Sandiganbayan, 275 SCRA 505).
full payment in cash.
Q: If the lawyer is counsel de parte for the NOTE: Compromise is a contract whereby the
accused and he learns later after accepting the parties, by making reciprocal concessions, avoid
case and while trial is ongoing that his client was litigation or put an end to one already commenced
indeed the perpetrator of the crime, may the (Art. 2028, NCC).
lawyer withdraw his appearance from the case?
Why or Why not? (2014 Bar Question) Duty of the lawyer in gathering information
regarding the case
A: He may withdraw his appearance but in
accordance with procedure in Section 26, Rule 138
The lawyer cannot entirely depend on the same cannot be shared with a non-lawyer. It is
information his client gave or the time his client unethical.
wished to give. The lawyer should take more control
over handling the case. Where the client is based XPNs: A lawyer may divide a fee for legal services
overseas, the lawyer should with more reason, have with persons not licensed to practice law: [CPR]
moved to secure all the legal means available to him
either to continue representing his client effectively 1. A lawyer undertakes to Complete the
or to make the necessary manifestation in court, unfinished legal business of a deceased lawyer;
with the client’s conformity, that he was 2. There is a Pre-existing agreement with a
withdrawing as counsel of record (CPR Annotated, partner or associate that, upon the latter’s
PhilJA). death, money shall be paid over a reasonable
period of time to his estate or to persons
Appearance specified in the agreement;
3. A lawyer or law firm includes non-lawyer
It is the coming into court as a party either as a employees in Retirement plan, even if the plan
plaintiff or as a defendant and asking relief is based, in whole or in part, on a profit-sharing
therefrom. agreement (Rule 9.02, CPR).
June 8, 1995; Funa, 2009). other services (Mambulao Lumber Co. v. Philippine
National Bank, G.R. No. L-22973, January 30, 1968).
Kinds of payment
No court shall be bound by the opinion of attorneys
1. Fixed or absolute fee that which is payable as expert witnesses as to the proper compensation,
regardless of the result of the case. and may disregard such testimony and base its
a. A fixed fee payable per appearance conclusion on its professional knowledge. A written
b. A fixed fee computed upon the number of contract for services shall control the amount to be
hours spent paid therefor, unless found by the court to be
c. A fixed fee based on piece work unconscionable or unreasonable (Sec. 24, Rule 138,
d. Combination of any of the above RRC).
2. Contingent fee –a fee that is conditioned on the
securing of a favorable judgment and recovery Factors to consider in determining the amount
of money or property and the amount of which of attorney’s fees in the absence of any fee
may be on a percentage basis. arrangement [TINS]
Requisites for the accrual of attorney’s fees 1. Time spent and the services rendered or required
– A lawyer is justified in fixing higher fees when
1. Existence of attorney-client relationship; and the case is so complicated and requires more
2. Rendition by the lawyer of services to the client. time and effort in fixing it.
NOTE: A pauper, while exempted from payment of 2. Importance of subject matter – The more
legal fees is not exempted from payment of important the subject matter or the bigger the
attorney’s fees (Cristobal v. Employees’ value of the interest of the property in litigation,
Compensation Commission, G.R. No. L-49280, the higher is the attorney’s fees.
February 26, 1981).
3. Novelty and difficulty of questions involved –
Factors in determining the attorney’s fees (1994 When the questions in a case are novel and
Bar Question) difficult, greater effort, deeper study and
research are bound to burn the lawyer’s time
In determining what is fair and reasonable, a lawyer and stamina considering that there are no local
shall be guided by the following factors: [STIP- precedents to rely upon.
SNACCC]
4. Skill demanded of a lawyer – The totality of the
1. Skill demanded; lawyer’s experience provides him skill and
2. Time spent and the extent of the services competence admired in lawyers.
rendered or required;
3. Importance of the subject matter; Different types of fee arrangements
4. Probability of losing other employment as a
result of acceptance of the proffered case; 1. Retainer’s fee where the lawyer is paid for
5. Professional Standing of the lawyer; services for an agreed amount for the case.
6. Novelty and difficulty of the questions involved; 2. The lawyer agrees to be paid per court
7. Amount involved in the controversy and the appearance.
benefits resulting to the client from the 3. Contingent fee where the lawyer is paid for his
services; services depending on the success of the case.
8. Customary Charges for similar services and the This applies usually in civil suits for money or
schedule of fees of the IBP chapter to which he property where the lawyer’s fee is taken from
belongs; the award granted by the court.
9. Contingency or certainty of compensation; and 4. Attorney de officio. The attorney is appointed by
10. Character of the employment, whether the court to defend the indigent litigant in a
occasional or established (Rule 20.01). criminal case. The client is not bound to pay the
attorney for his services although he may be paid
NOTE: Imposition of interest in the payment of a nominal fee taken from a public fund
attorney’s fees is not justified (Funa, 2009). appropriated for the purpose.
5. Legal aid. The attorney renders legal services for
Contracts for attorney’s services in this jurisdiction those who could not afford to engage the services
stands upon an entirely different footing from other of paid counsel.
contract for the payment of compensation for any 6. Quantum meruit basis. If there is no specific
contract between the lawyer and the client, the
lawyer is paid on quantum meruit basis, that is, litigation, quasi-judicial and administrative
what the lawyer deserves for his services. proceedings and similar actions for which there
will be separate billings. Thereafter, Atty. Funk
NOTE: When the claim for entitlement to attorney's represented Concept Placement in the case filed
fees is contingent, but no written agreement has against it for illegal dismissal. While the labor
been executed bearing the supposed contingent case was still pending, Concept Placement
fees, the only way to determine the same is to apply terminated the services of Atty. Funk.
the principle of quantum meruit. The recovery of Nevertheless, Atty. Funk continued handling the
attorney's fees on the basis of quantum meruit is a case. Atty. Funk then advised Concept Placement
device that prevents an unscrupulous client from of the POEA’s favorable decision and requested
running away with the fruits of the legal services of the payment of his attorney’s fees. Concept
counsel without paying for it and it also avoids Placement refused. Is Atty. Funk entitled to
unjust enrichment on the part of the attorney attorney’s fees for assisting Concept Placement
himself (National Power Corporation v. Heirs of as counsel in the labor case even if the services
Sangkay, G.R. No. 165828, August 24, 2011). of Atty. Funk were already terminated?
Q: Spouses de Guzman engaged the legal A: Yes. The expiration of the retainer contract
services of Atty. Rosario, Jr. as defense counsel between the parties during the pendency of the
in a complaint filed against them. As labor case does not extinguish the respondent’s
represented by Rosario, Spouses de Guzman right for attorney’s fees. The Court found that while
won their case at all levels, from RTC to the the petitioner and the respondent did not execute a
Supreme Court. Rosario filed a Motion to written agreement on the fees in the labor case
Determine Attorney's Fees. He alleged that he aside from the Retainer Agreement, the petitioner
had a verbal agreement with the Spouses and did categorically and unequivocally admit in its
that he would get 25% of the market value of the Compulsory Counterclaim that it has engaged the
subject land if the complaint filed against them services of the respondent as its counsel for a fee of
would be dismissed. Despite the fact that he had P60, 000, etc. (Concept Placement Resources Inc. v.
successfully represented them, the spouses Atty. Funk, G.R. No. 137680, February 6, 2004).
refused his written demand for payment of the
contracted attorney’s fees. Is Rosario entitled to Retainer
recover his attorney’s fees?
1. This is the act of the client by which he employs
A: Yes. In the case at bench, the attorney’s fees a lawyer to manage for him a cause to which he
being claimed by the petitioner refers to the is a party, or otherwise to advise him as counsel;
compensation for professional services rendered, 2. It also refers to a fee which the client pays his
and not as indemnity for damages. The award of attorney whom he retains (Pineda, 2009).
P10,000, made in its extraordinary concept as
indemnity for damages, forms part of the judgment Retaining fee
recoverable against the losing party and is to be
paid directly to Spouses de Guzman and not to Atty. A retaining fee is a preliminary fee given to an
Rosario. Thus, to grant petitioner’s motion to attorney or counsel to insure and secure his future
determine attorney’s fees would not result in a services, and induce him to act for the client (Pineda,
double award of attorney’s fees. The amount of 2009).
attorney’s fees must be based in quantum meruit.
Atty. Rosario served as defense counsel for Spouses Kinds of Retainer Agreements on Attorney’s
de Guzman for almost seventeen (17) years. Given Fees
the considerable amount of the time spent, the
diligent effort exerted by Rosario, and the quality of 1. General retainer or retaining fee – It is the fee paid
work shown by him in ensuring the successful to a lawyer to secure his future services as
defense of his clients, he clearly deserves to be general counsel for any ordinary legal problem
awarded reasonable attorney’s fees for services that may arise in the ordinary business of the
rendered. Justice and equity dictate that petitioner client and referred to him for legal action. The
be paid his professional fee based on quantum client pays fixed retainer fees, which could be
meruit (Rosario v. de Guzman, G.R. No. 191247, July monthly or otherwise. The fees are paid whether
10, 2013). or not there are cases referred to the lawyer;
Q: Concept Placement retained the services of 2. Special retainer – It is a fee for a specific or
Atty. Funk. Under their retainer contract, Atty. particular case or service rendered by the lawyer
Funk is to render various legal services except for a client (Pineda, 2009).
Q: Atty. M is a partner in the law firm OMP & 4. The counsel, for justifiable cause, was not able to
Associates. C, a former classmate of Atty. M finish the case to its conclusion;
engaged the legal services of Atty. M to handle 5. Lawyer and client disregard the contract for
his appeal to the Court of Appeals (CA) from an attorney’s fees; and
adverse decision of the Regional Trial Court 6. The client dismissed his counsel before the
(RTC) in his annulment case. After the notice to termination of the case.
file brief was issued by the CA, Atty. M met an
accident which incapacitated him from further Q: A client refuses to pay Atty. A his contracted
engaging law practice. May Atty. P, his partner in attorney's fees on the ground that counsel did
the law firm, file the required appeal brief for C? not wish to intervene in the process of effecting
Explain your answer. (2014 Bar Question) a fair settlement of the case. Decide. (2001 Bar
Question)
A: It depends on whether or not C knew Atty. M to
be a partner of the OMP & Associates law firm when A: Rule 1.04 of the Code of Professional
he hired him. Generally, the retainer of a member of Responsibility provides that "a lawyer shall
a law firm is equivalent to the retainer of the firm encourage his clients to avoid, end or settle a
itself. Thus, if the said member dealt with dies or is controversy if it will admit of a fair settlement". If a
incapacitated to render service, the law firm is lawyer should refuse to intervene in a settlement
bound to provide a substitute. Hence, Atty. P may proceeding, his entitlement to his attorney's fees
file the required brief for C. may be affected. However, if he has already
rendered some valuable services to the client, he
On the other hand, if Atty. M was retained alone, must be paid his attorney's fees on the basis of
without the knowledge that he belonged to a law quantum meruit, even if it is assumed that he is
firm, P may not file the required brief for C without dismissed.
the consent of the latter. There is no statement in
the problem that C knew M to be a member of the Instances when counsel cannot recover the full
law firm OMP & Associates at the time that C amount despite written contract for
engaged his services. attorneys’ fees (2006 Bar Question)
Q: Atty. Francisco’s retainer agreement with 1. When the services called for were not performed
RXU said that his attorney's fees in its case as when the lawyer withdrew before the case
against CRP “shall be 15% of the amounts was finished, he will be allowed only reasonable
collected.” Atty. Francisco asked the trial court fees;
to issue a temporary restraining order against 2. When there is a justified dismissal of the
CRP but this was denied, prompting him to file a attorney, the contract will be nullified and
petition for certiorari with the Court of Appeals payment will be on the basis of quantum meruit
to question the order of denial. At this point, only. A contrary stipulation will be invalid;
RXU terminated Atty. Francisco’s services. When 3. When the stipulated attorney’s fees are
the parties later settled their dispute amicably, unconscionable, when it is disproportionate as
CRP paid RXU P100 million. Because of this, Atty. compared to the value of services rendered and
Francisco came around and claimed a 15% is revolting to human conscience;
share in the amount. What should be his 4. When the stipulated attorney’s fees are in excess
attorney’s fees? (2011 Bar Question) of what is expressly provided by law;
5. When the lawyer is guilty of fraud or bad faith
A: A reasonable amount that the court shall fix upon toward his client in the matter of his
proof of quantum meruit which means “as much as employment;
he deserves”. 6. When the counsel’s services are worthless
because of his negligence;
Instances when the measure of quantum meruit 7. When contract is contrary to law, morals or
may be resorted to (2007 Bar Question) public policy; and
8. Serving adverse interest unless the lawyer
1. There is no express contract for payment of proves that it was with the consent of both
attorney’s fees agreed upon between the lawyer parties.
and the client;
2. Although there is a formal contract for attorney’s Rationale behind the rule that the court may
fees, the stipulated fees are found unconscionable reduce unconscionable attorney’s fees
or unreasonable by the court;
3. The contract for attorney’s fees is void due to 1. Indubitably intertwined with the lawyer’s duty to
purely formal matters or defects of execution; charge only reasonable fees is the power of the
court to reduce the amount of attorney’s fees if that four of the cases referred by Rose were filed but
the same is excessive and unconscionable (Roxas were dismissed or terminated for causes not
v. De Zuzuarregui, Jr., G.R. No. 152072, January 31, attributable to Atty. Jack; and that there was no
2006); probable cause to maintain the suit. No fault or
2. A lawyer is primarily an officer of the court hence negligence can be attributed to Atty. Jack. Rose still
fees should be subject to judicial control; owes payment of acceptance fee because she only
3. Sound public policy demands that courts paid 51, 716.54.
disregard stipulations for attorney’s fees when
they appear to be a source of speculative profit at An acceptance fee is not a contingent fee, but is an
the expense of the debtor or mortgagor (Borcena absolute fee arrangement which entitles a lawyer to
v. IAC, et. al., G.R. No. 70099, January 7, 1987). get paid for his efforts regardless of the outcome of
the litigation. Dissatisfaction from the outcome of
NOTE: A trial judge may not order the reduction of the cases would not render void the retainer
the attorney’s fees on the ground that the attorney agreement for Atty. Jack appears to have
is “below average standard of a lawyer.” The represented the interest of Rose (Yu v. Bondal, A.C.
opinion of the judge as to the capacity of a lawyer is No. 5534, January 17, 2005).
not a basis of the right to a lawyer’s fees (Fernandez
v. Hon. Bello, G.R. No. L-14277, April 30, 1960). NOTE: The expiration of the retainer contract
between the parties during the pendency of the
ACCEPTANCE FEES labor case does not extinguish the respondent’s
right to attorney’s fees (Uy v. Gonzales, A.C. No. 5280,
Q: B hired Atty. Z to file a replevin case against C March 30, 2004).
for an agreed acceptance fee of P30,000.00
which was evidence by a written contract. After CONTINGENCY FEE ARRANGEMENTS
the complaint was filed by Atty. Z, B terminated
his services and hired a new lawyer for the same Contingency fee contract
amount of attorney’s fees. How much attorney’s
fees is Atty. Z entitled to? (2014 Bar Question) One which stipulates that the lawyer will be paid for
his legal services only if the suit or litigation ends
A: Atty. Z is entitled to the entire amount of the favorably to the client (Taganas v. NLRC, G.R. No.
attorney’s fees agreed upon because his services 118746, September 7, 1995). It is like a contract
were terminated by the client without just cause subject to a suspensive condition wherein the
(Sec. 26, Rule 138, Rules of Court). obligation to pay the counsel is based upon the
outcome of the case.
Q: Rose engaged the services of Atty. Jack as
counsel for five cases. In the Retainer Contingent fees are sanctioned by the CPE and by
Agreement, Rose agreed to pay Atty. Jack the the CPR subject to certain limitations (Licudan v. CA,
amount of 200,000 as Acceptance Fee for the five G.R. No. 91958, January 24, 1991).
cases plus an additional 1,500 Appearance Fee
per hearing and in the event that damages are NOTE: If a lawyer employed on contingent basis
recovered, she would pay Atty. Jack 10% as dies or becomes disabled before the final
success fee. Rose issued two checks amounting adjudication or settlement of the case has been
to 51,716.54 in favor of Atty. Jack however obtained, he or his estate will be allowed to recover
despite receipt of said amounts he failed to file a the reasonable value of the services rendered. The
case in one of the five cases referred to him; one recovery will be allowed only after the successful
case was dismissed due to untimely appeal; and termination of the litigation in the client’s
another case was dismissed but he failed to favor (Morton v. Forsee, Ann. Cas. 1914 D. 197;
inform Rose about it before she left for abroad. Lapena, 2009, Pineda, 2009).
Dissatisfied with the outcome of her cases she
demanded from Atty. Jack the return of all the Rationale for contingent fee contracts
records she had entrusted to him however he
returned only two of the five cases. She filed a Contracts of this nature (contingent fee contract)
complaint charging him with violation of Canon are permitted because they redound to the benefit
16 and 16.03 of the Code of Professional of the poor client and the lawyer especially in cases
Responsibility. Was there a violation of the said where the client has meritorious cause of action, but
Canon by the respondent? no means with which to pay for the legal services
unless he can, with the sanction of law, make a
A: None. From the records of the case, it was found contract for a contingent fee to be paid out of the
proceeds of the litigation (Francisco, 1949).
It must be reasonable based on the circumstance of A: The refusal of Chester to pay is unjustified. A
the case. Contingent fee contracts are under the contingent fee is impliedly sanctioned by Rule
supervision and close scrutiny of the court in order 20.01(f) of the CPR. A much higher compensation is
that clients may be protected from just charges. Its allowed as contingent fees in consideration of the
validity depends on the measure of reasonableness risk that the lawyer will get nothing if the suit fails.
of the stipulated fees under the circumstances of the In several cases, the Court has indicated that a
case. Stipulated attorney’s fees must not be contingent fee of 30% of the money or property that
unconscionable wherein the amount is by far so may be recovered is reasonable. Moreover, although
disproportionate compared to the value of the the developer settled the case, it was after the case
services rendered as to amount to fraud was decided by the RTC in favor of Chester, which
perpetrated to the client (Sesbreno v. CA, G.R. No. shows that Atty. Laarni has already rendered
117438, June 8, 1995). service to the client.
Q: The stipulation between the lawyer and Q: Assuming that there was no settlement and
counsel is as follows, “the attorney’s fees of the the case eventually reached the Supreme Court
Atty. X will be ½ of whatever the client might which promulgated a decision in favor of
recover from his share in the property subject of Chester. (This time) Chester refused to convey to
the litigation.” Is the stipulation valid? Laarni 15% of the litigated land as stipulated on
the ground that the agreement violates Article
A: Yes. The stipulation made is one of a contingent 1491 of the Civil Code, which prohibits lawyers
fee which is allowed by the CPE and the CPR. It does from acquiring by purchase properties and
not violate the prohibition of acquisition of property rights, which are the object of litigation in which
subject of the litigation by the lawyer provided for they take part by reason of their profession. Is
in the Civil Code since the prohibition applies only the refusal justified? Explain. (2008 Bar
to a sale or assignment to the lawyer by his client Question)
during the pendency of the litigation. The transfer
actually takes effect after the finality of the A: Chester’s refusal is not justified. A contingent fee
judgment and not during the pendency of the case. arrangement is not covered by Art.1491 of the Civil
As such it is valid stipulation between the lawyer Code, because the transfer or assignment of the
and client. property in litigation takes effect only upon finality
of a favorable judgment (Director of Lands v. Ababa,
Acceptance of an initial fee before or during the G.R. No. L-26096, February 27, 1979); (Macariola v.
progress of the litigation detract from the Asuncion, A.C. No. 133-J, May 31, 1982).
contingent nature of the fees
Q: Evangelina Masmud’s husband, the late
The acceptance of an initial fee before or during the Alexander, filed a complaint against his
progress of the litigation does not detract from the employer for non-payment of permanent
contingent nature of the fees, as long as the bulk disability benefits, medical expenses, sickness
thereof is made dependent upon the successful allowance, moral and exemplary damages, and
outcome of the action (Francisco v. Matias, G.R. No. attorney’s fees. He engaged the services of Atty.
L-16349, January 31, 1964). Go, as his counsel and agreed to pay attorney’s
fees on a contingent basis, as follows: 20% of
Q: Chester asked Laarni to handle his claim to a total monetary claims as settled or paid and an
sizeable parcel of land in Quezon City against a additional 10% in case of appeal. The Labor
well-known property developer on a contingent Arbiter granted the monetary claims of
fee basis. Laarni asked for 15% of the land that Alexander. Eventually, after several appeals, the
may be recovered or 15% of whatever monetary decision being favorable to Evangelina
settlement that may be received from the (substituted her deceased husband), the
property developer as her only fee contingent decision became final and executory. Upon
upon securing a favorable final judgment or motion of Atty. Go, the surety company
compromise settlement. Chester signed the delivered to the NLRC Cashier, the check
contingent fee agreement. Assuming that the amounting to P3,454,079.20. Thereafter, Atty.
property developer settled the case after the Go moved for the release of the said amount to
case was decided by the Regional Trial Court in Evangelina. Out of the said amount, Evangelina
favor of Chester for P1 Billion. Chester refused paid Atty. Go the sum of P680,000.00.
Dissatisfied, Atty. Go filed a motion to record recovered as compensation. It is void for being
and enforce the attorney’s lien alleging that against public policy (like gambling).
Evangelina reneged on their contingent fee
agreement. Evangelina manifested that Atty. NOTE: A champertous contract is considered void
Go’s claim for attorney’s fees of 40% of the total due to public policy, because it would make him
monetary award was null and void based on acquire a stake in the outcome of the litigation
Article 111 of the Labor Code. Is her contention which might lead him to place his own interest
correct? above that of the client (Bautista v. Gonzales, A.M.
No. 1625, February 12, 1990).
A: No. Art. 111. Attorney's fees. (a) In cases of
unlawful withholding of wages, the culpable party Contingent v. Champertous contract
may be assessed attorney's fees equivalent to ten
percent of the amount of the wages recovered. CONTINGENT CHAMPERTOUS
Contrary to Evangelina’s proposition, Article 111 of CONTRACT CONTRACT
the Labor Code deals with the extraordinary Payable in cash – Payable in kind - a
concept of attorney’s fees. It regulates the amount dependent on the portion of the thing or
recoverable as attorney's fees in the nature of success of the litigation property recovered as
damages sustained by and awarded to the compensation
prevailing party. It may not be used as the standard
in fixing the amount payable to the lawyer by his Lawyers do not Lawyers undertake to
client for the legal services he rendered. undertake to pay all pay all expenses of
expenses of litigation litigation
In this regard, Section 24, Rule 138 of the Rules of
Court should be observed in determining Atty. Go’s Valid Void
compensation. The said Rule provides:
Q: Complainants engaged the legal services of
Sec. 24. Compensation of attorneys; agreement as to Atty. Bañez, Jr. in connection with the recovery
fees. An attorney shall be entitled to have and recover of their properties from Fevidal. Complainants
from his client no more than a reasonable signed a contract of legal services, where it was
compensation for his services, with a view to the agreed that they would not pay acceptance and
importance of the subject matter of the controversy, appearance fees to Atty. Bañez, Jr., but that the
the extent of the services rendered, and the docket fees would instead be shared by the
professional standing of the attorney. No court shall parties. Under the contract, complainants would
be bound by the opinion of attorneys as expert pay respondent 50% of whatever would be
witnesses as to the proper compensation, but may recovered of the properties. Did Atty. Bañez, Jr
disregard such testimony and base its conclusion on violate any canon of the Code of Professional
its own professional knowledge. A written contract Responsibility?
for services shall control the amount to be paid
therefor unless found by the court to be A: Yes. He violated Canon 16.04 of the Code of
unconscionable or unreasonable. Professional Responsibility, which states that
lawyers shall not lend money to a client, except
The retainer contract between Atty. Go and when in the interest of justice, they have to advance
Evangelina provides for a contingent fee. The necessary expenses in a legal matter they are
contract shall control in the determination of the handling for the client. He violated such canon
amount to be paid, unless found by the court to be because the contract for legal services he has
unconscionable or unreasonable. The criteria found executed with complainants is in the nature of a
in the Code of Professional Responsibility are also to champertous contract – an agreement whereby an
be considered in assessing the proper amount of attorney undertakes to pay the expenses of the
compensation that a lawyer should receive (Canon proceedings to enforce the client’s rights in
20, Rule 20.01, CPR; Evangelina Masmud v. NLRC, et. exchange for some bargain to have a part of the
al., G.R. No. 183385, February 13, 2009). thing in dispute (Conchita Baltazar et. al. v. Atty.
Bañez, Jr., A.C. No. 9091, December 11, 2013).
Champertous contract
Q: The contract of attorney's fees entered into by
Is one where the lawyer stipulates with his client in Atty. Quintos and his client, Susan, stipulates
the prosecution of the case that he will bear all the that if a judgment is rendered in favor of the
expenses for the recovery of things or property latter, Atty. Quintos gets 60% of the property
being claimed by the client, and the latter agrees to recovered as contingent fee. In turn, he will
pay the former a portion of the thing or property assume payment of all expenses of the litigation.
UNIVERSITY OF SANTO TOMAS
89 FACULTY OF CIVIL LAW
LEGAL ETHICS
A lawyer shall not, without the full knowledge to judicial action only to prevent imposition,
and consent of the client, accept any fee, injustice or fraud. (1998 Bar Question)
reward, costs, commission, interest, rebate or
forwarding allowance or other compensation GR: A lawyer should avoid the filing of any case
whatsoever related to his professional against a client for the enforcement of attorney’s
employment from anyone other than the fees.
client. (1997, 2003 Bar Questions)
NOTE: The legal profession is not a money-making
It is intended to secure the fidelity of the lawyer to trade but a form of public service. Lawyers should
his client’s cause and to prevent a situation in which avoid giving the impression that they are mercenary
the receipt by him of a rebate or commission from (Perez v. Scottish Union and National Insurance Co.,
another with the client’s business may interfere C.A. No. 8977, March 22, 1946). It might even turn
with the full discharge of his duty to his client out to be unproductive for him for potential clients
(Report of the IBP Committee). are likely to avoid a lawyer with a reputation of
suing his clients.
GR: Fees shall be received from the client only.
XPNs:
XPN: A lawyer may receive compensation from a 1. To prevent imposition
person other than his client when the latter has full 2. To prevent injustice
knowledge and approval thereof (Sec. 20 (e), Rule 3. To prevent fraud (Rule 20.04, CPR)
138).
NOTE: A client may enter into a compromise
Q: Atty. X, lawyer of a labor union of rank and file agreement without the intervention of the lawyer,
employees succeeded in the negotiation of a but the terms of the agreement should not deprive
collective bargaining agreement for the rank the counsel of his compensation for the professional
and file employees by virtue of which salary services he had rendered. If so, the compromise
increase was received by the rank and file shall be subjected to said fees. If the client and the
employees. At the same time the employer adverse party who assented to the compromise are
granted salary increase to supervisory found to have intentionally deprived the lawyer of
employees who were not members of the union. his fees, the terms of the compromise, insofar as
Atty. X now seeks to collect from the non- they prejudice the lawyer, will be set aside, making
supervisory employees’ attorney’s fees for this both parties accountable to pay the lawyer’s fees.
increase in salaries. Is he entitled to such fees? But in all cases, it is the client who is bound to pay
his lawyer for his legal representation (Atty. Gubat
A: No. Atty. X is not entitled to collect attorney’s fees v. NPC, G.R. No. 167415, February 26, 2010).
from the non-union supervisory employees. A
lawyer who rendered services to a party, who did Ways on how lawyers claim attorney's fees
not employ him nor authorize his employment,
cannot recover compensation even if his services 1. In the same case – It may be asserted either in the
have redounded to the benefit of such party. very action in which the services of a lawyer had
Otherwise, anyone might impose obligations upon been rendered or in a separate action.
another without the latter’s knowledge or consent,
and even against his protest as what happened in 2. In a separate civil action – A petition for
the present case. In labor cases such as this one, attorney's fees may be filed before the judgment
where the company grants the same salary increase in favor of the client is satisfied or the proceeds
to non-union supervisory employees similar to the thereof delivered to the client.
rank and file employees who were the clients of the
lawyer, it is not because of the special efforts of the While a claim for attorney’s fees may be filed before
latter’s lawyer that the non-union supervisory the judgment is rendered, the determination as to
employees benefited but because of the company’s the propriety of the fees or as to the amount thereof
policy of non-discrimination. The lawyer is not will have to be held in abeyance until the main case
entitled to claim attorney’s fees from the from which the lawyer’s claim for attorney’s fees
supervisors for the benefits they received (Orosco v. may arise has become final. Otherwise, the
Hernaez, G.R. No. L-541&9, December 2, 1901). determination to be made by the courts will be
premature. Of course, a petition for attorney’s fees
Rule 20.04, Canon 20 may be filed before the judgment in favor of the
A lawyer shall avoid controversies with clients client is satisfied or the proceeds thereof delivered
concerning his compensation and shall resort to the client (Rosario, Jr. vs. De Guzman et. al., G.R. No.
191247, July 10, 2013).
client.
Instances when an independent civil action to
recover attorney’s fees is necessary 2. Extraordinary attorney's fee – An indemnity for
damages ordered by the court to be paid by the
1. Main action is dismissed or nothing is awarded; losing party in litigation.
2. Court has decided that it has no jurisdiction over
the action or has already lost it; NOTE: The basis for this is any of the cases
3. Person liable for attorney’s fees is not a party to provided for by law where such award can be
the main action; made, such as those authorized in Article 2208 of
4. Court reserved to the lawyer the right to file a the Civil Code, and is payable to the client, NOT to
separate civil suit for recovery of attorney’s fees; the lawyer unless they have agreed that the
5. Services for which the lawyer seeks payment are award shall pertain to the lawyer as additional
not connected with the subject litigation; and compensation or as part thereof.
6. Judgment debtor has fully paid all of the
judgment proceeds to the judgment creditor and ORDINARY CONCEPT OF ATTORNEY’S FEES
the lawyer has not taken any legal step to have
his fees paid directly to him from the judgment Q: Aurora Pineda filed an action for declaration
proceeds. of nullity of marriage against Vinson Pineda,
7. Failure to exercise Charging Lien who was represented by Attys. Clodualdo de
Jesus, Carlos Ambrosio and Emmanuel Mariano.
Effects of the nullity of contract on the right to The marriage was subsequently declared null
attorney’s fees and void. Throughout the proceedings counsels
and their relatives and friends availed of free
If the nullification is due to: products and treatments from Vinson’s
dermatology clinic. This notwithstanding, they
1. The illegality of its object - the lawyer is billed him additional legal fees amounting to
precluded from recovering; P16.5 million which he, however, refused to pay.
Instead, he issued them several checks totaling
2. Formal defect or because the court has found the P1.12 million as full payment for settlement.
amount to be unconscionable - the lawyer may Still not satisfied, the three lawyers filed in the
recover for any services rendered based on same court a motion for payment of lawyers'
quantum meruit. fees for P50 million, which is equivalent to 10%
of the value of the properties awarded to Pineda
Kinds of lawyer according to services rendered in the case. Is their claim justified?
and the compensation they are entitled to
A: No. Clearly, what they were demanding was
1. Counsel de parte – He is entitled to the reasonable additional payment for legal services rendered in
attorney’s fees agreed upon, or in the absence the same case. Demanding P50 million on top of the
thereof, on quantum meruit basis. generous sums and perks already given to them was
an act of unconscionable greed. They could not
2. Counsel de officio – The counsel may not demand charge Pineda a fee based on percentage, absent an
from the accused attorney’s fees even if he wins express agreement to that effect. The payments to
the case. He may, however, collect from the them in cash, checks, free products and services
government funds, if available based on the from Pineda’s business more than sufficed for the
amount fixed by the court. work they did. The full payment for settlement
should have discharged Vinson's obligation to them.
3. Amicus Curiae – not entitled to attorney’s fees.
As lawyers, they should be reminded that they are
CONCEPTS OF ATTORNEY’S FEES members of an honorable profession, the primary
vision of which is justice. It is the lawyer’s
Two concepts of attorney’s fees despicable behavior in the case at bar which gives
lawyering a bad name in the minds of some people.
1. Ordinary attorney's fee – The reasonable The vernacular has a word for it: nagsasamantala.
compensation paid to a lawyer by his client for The practice of law is a decent profession and not a
the legal services he has rendered to the latter money-making trade. Compensation should be but
(Pineda, 2009). a mere incident (Pineda v. de Jesus, G.R. No. 155224,
Aug. 23, 2006).
NOTE: The basis for this compensation is the fact
of his employment by and his agreement with the
NOTE: Payment of retainer fee is not essential falsification of commercial documents against
before an attorney can be required to safeguard a Yao and his wife and the other officers of the
prospective client’s secret acquired by the attorney corporation. Yao alleged that the series of suits
during the course of the consultation with the is a form of harassment and constitutes an abuse
prospective client, even if the attorney did not of the confidential information which Atty.
accept the employment. Aurelio obtained by virtue of his employment as
counsel. Atty. Aurelio however said that he only
Instances when a lawyer may testify as a witness handled isolated labor cases for the said
in a case which he is handling for a client corporations. Did Atty. Aurelio abuse the
confidential information he obtained by virtue
1. On formal matters, such as the mailing, of his employment as counsel?
authentication or custody of an instrument and
the like; A: Yes. The long-established rule is that an attorney
2. Acting as an expert on his fee; is not permitted to disclose communications made
3. Acting as an arbitrator; to him in his professional character by a client,
4. Depositions; and unless the latter consents. Atty. Aurelio took
5. On substantial matters in cases where his advantage of his being a lawyer in order to get back
testimony is essential to the ends of justice, in at Yao. In doing so, he has inevitably utilized
which event he must, during his testimony, information he has obtained from his dealings with
entrust the trial of the case to another counsel. Yao and Yao's companies for his own end.
A: No. Atty. X’s contention is not correct. The not promote the best interest of the client; and
lawyer-client relationship did not terminate as of 8. When the lawyer is Elected or appointed to a
the date of compromise agreement, for the fact public office (Rule 22.01, CPR).
remained that he still needed to oversee the
implementation of the settlement as well as to Procedure to follow when withdrawal is without
proceed with the criminal cases until they were client’s consent
dismissed or otherwise concluded by the trial court.
It is also relevant to indicate that the execution of a 1. File a petition for withdrawal in court.
compromise settlement in the criminal cases did 2. Serve a copy of this petition upon his client and
not ipso facto cause the termination of the cases not the adverse party at least 3 days before the date
only because the approval of the compromise by the set for hearing.
trial court was still required, but also because the
compromise would have applied only to the civil NOTE: He should present his petition well in
aspect, and excluded the criminal aspect pursuant advance of the trial of the action to enable the client
to Article 2034 of the Civil Code (Samson v. Era, A.C. to secure the services of another lawyer.
No. 6664, July 16, 2013).
If the application is filed under circumstances that
WITHDRAWAL OF SERVICES do not afford a substitute counsel sufficient time to
prepare for trial or that work prejudice to the
CANON 22 client’s cause, the court may deny his application
A lawyer shall withdraw his services only for and require him to conduct the trial.
good cause and upon notice appropriate in
the circumstances. A lawyer should not presume that the court will
grant his petition for withdrawal. Until his
Right to withdraw withdrawal shall have been proved, the lawyer
remains counsel of record who is expected by his
GR: A lawyer lacks the unqualified right to client as well as by the court to do what the interests
withdraw once he has taken a case. By his of his client require.
acceptance, he has impliedly stipulated that he will
prosecute the case to conclusion. This is especially Q: Can a client discharge the services of his
true when such withdrawal will work injustice to a lawyer without a cause? (1994, 1997, 1998 Bar
client or frustrate the ends of justice. Question)
XPNs: The right of a lawyer to retire from the case A: Yes. A client has the right to discharge his
before its final adjudication, which arises only from: attorney at any time with or without a cause or even
against his consent.
1. The client’s written consent; or
2. By permission of the court after due notice and 1. With just cause – lawyer is not necessarily
hearing. deprived of his right to be paid for his services.
He may only be deprived of such right if the
Instances when a lawyer may withdraw his cause for his dismissal constitutes in itself a
services without the consent of his client [FIC sufficient legal obstacle to recovery.
MOVIE]
2. Without just cause
1. When the client deliberately Fails to pay the fees a. No express written agreement as to fees -
for the services or fails to comply with the reasonable value of his services up to the
retainer agreement; date of his dismissal (quantum meruit).
2. When the client pursues an Illegal or immoral
course of conduct in connection with the matter b. There is written agreement and the fee
he is handling; stipulated is absolute and reasonable – full
3. When the lawyer finds out that he might be payment of compensation.
appearing for a Conflicting interest;
4. When the Mental or physical condition of the c. The fee stipulated is contingent.
lawyer renders it difficult for him to carry out
the employment effectively; d. If dismissed before the conclusion of the
5. Other similar cases; action - reasonable value of his services
6. When the client insists that the lawyer pursue (quantum meruit)
conduct in Violation of these canons and rules;
7. When his Inability to work with co-counsel will e. If contingency occurs or client prevents its
1. When made with justifiable cause, it shall He may also retire at any time from an action or
negate the attorney’s right to full payment of special proceeding without the consent of his client,
compensation. should the court, on notice to the client and
2. The attorney may, in the discretion of the court, attorney, and on hearing, determine that he ought to
intervene in the case to protect his right to fees. be allowed to retire (Sec. 26, Rule 138, RRC).
3. A client may not be permitted to abuse his right
to discharge his counsel as an excuse to secure Q: If the client insists on hiring an additional
repeated extensions of time to file a pleading or counsel as collaborating counsel over and above
to indefinitely avoid a trial. the objection of the original counsel, may the
original counsel withdraw from the case, and
Conditions for substitution of counsel how? (2014 Bar Question)
NATURE AND CHARACTERISTICS OF NOTE: The CA and RTC cannot disbar a lawyer.
DISCIPLINARY ACTION AGAINST LAWYERS
Q: Atty. D was required by Judge H of the
Rationale of disciplining errant lawyers Regional Trial Court (RTC) of Manila to show
cause why he should not be punished for
Practice of law is in the nature of a privilege. Hence, contempt of court for shouting invectives at the
the same may be suspended or removed from the opposing counsel and harassing his witness.
lawyer for reasons provided in the rules, law and Assuming that there was sufficient cause or
jurisprudence. ground may Judge H suspend Atty. D from the
practice of law? If Judge H finds that the
NOTE: A lawyer may be disciplined or suspended actuations of Atty. D are grossly unethical and
for any misconduct professionally or privately (Cruz unbecoming of a member of the bar, may Judge
v. Atty. Jacinto, Adm. Case No. 5235, March 22, 2000). H disbar Atty. D instead? (2014 Bar Question)
Nature of the power to discipline A: Under Section 28, Rule 138 of the Rules of Court,
a Regional Trial Court may suspend a lawyer from
The power to discipline a lawyer is JUDICIAL in the practice of law for any of the causes provided in
nature and can be exercised only by the courts. It Section 27, until further action from the Supreme
cannot be defeated by the legislative or executive Court. But it may not disbar him, for only the
departments. Supreme Court can disbar a lawyer pursuant to its
constitutional power to admit persons to the
NOTE: The power to disbar and to reinstate is an practice of law.
inherently judicial function (Andres v. Cabrera, SBC-
585, February 29, 1984). Other sanctions and remedies
Supreme Court motu proprio or upon CBD-IBP, which provides for a prescriptive period
recommendation of the IBP Board of Governors for the filing of administrative complaints against
determines that there is no compelling reason to lawyers, should be struck down as void and of no
continue with the proceedings. An administrative legal effect for being ultra vires (Heirs of Falame v.
investigation of a lawyer is sui generis, neither a civil Atty. Baguio, A.C. No. 6876, March 7, 2008).
nor criminal proceeding. An affidavit of desistance
has no place in it. Q: Atty. Gutierrez phoned Yuhico and asked for
a cash loan claiming that he needed money to
Q: Atty. Hyde, a bachelor, practices law in the pay for the medical expenses of his mother who
Philippines. On long weekends, he dates was seriously ill, and promised to pay the loan
beautiful actresses in Hong Kong. Kristine, a very soon. Consequently, he again asked for a
neighbor in the Philippines, filed with the loan to pay for his wife’s hospitalization
Supreme Court an administrative complaint and again promised to pay “within a short
against the lawyer because of sex videos time” but failed to do so. Later, he again
uploaded through the internet showing Atty. attempted to borrow money for his daughter’s
Hyde's sordid dalliance with the actresses in licensure examination in the US Medical Board
Hong Kong. In his answer, Atty. Hyde (a.) and assured Yuhico that he will pay his debts on
questions the legal personality and interest of or before a certain date but Yuhico refused to
Kristine to institute the complaint and (b.) lend him the money, instead, he demanded
insists that he is a bachelor and the sex videos payment of his debts. Atty. Gutierrez failed to
relate to his private life which is outside public pay which led to the filing of a complaint before
scrutiny and have nothing to do with the law the IBP-CBD for non-payment of just debts. It
practice. Rule on the validity of Atty. Hyde's turned out that Atty. Gutierrez was previously
defenses. (2009 Bar Question) disbarred in the case of Huyssen v Atty. Gutierrez
for gross misconduct in view of his failure to pay
A: his debts and his issuance of worthless checks.
a. The legal personality and interest of Kristine to May Atty. Gutierrez be disbarred for the second
initiate the complaint for disbarment is time?
immaterial. A disbarment proceeding is sui
generis, neither civil nor a criminal proceeding. A: No. The SC held that while the IBP recommended
Its sole purpose is to determine whether or not to disbar Atty. Gutierrez for the second time, we do
a lawyer is still deserving to be a member of the not have double or multiple disbarment in our laws
bar. In a real sense, Kristine is not a plaintiff; or jurisprudence and neither do we have a law
hence, interest on her part is not required. mandating a minimum 5-year requirement for
b. Atty. Hyde's second defense is untenable. His readmission, as cited by the IBP. Thus, while
duty not to engage in unlawful, dishonest, Gutierrez’s infraction calls for the penalty of
immoral and deceitful conduct under Rule 1.01 disbarment, they cannot disbar him anew (Yuhico v.
of the CPR, as well as his duty not to engage in Atty. Gutierrez, A.C. No. 8391, November 23, 2010).
scandalous conduct to the discredit of the legal
profession under Rule 7.03, is applicable to his GROUNDS
private as well as to his professional life.
Specific grounds for suspension or disbarment
QUANTUM OF EVIDENCE REQUIRED of a lawyer
The statutory enumeration is not to be taken as a NOTE: The issuance of worthless checks constitutes
limitation on the general power of SC to suspend or gross misconduct as its effect transcends the private
disbar a lawyer (In Re: Puno, A.C. No. 389, February interests of the parties directly involved in the
28, 1967). HENCE, the grounds enumerated are transaction and touches the interests of the
NOT exclusive. community at large. As a lawyer, respondent is
deemed to know the law, especially B. P. Blg. 22. By
NOTE: Lending money by a justice of Supreme issuing checks in violation of the provisions of this
Court is not a ground for disbarment and helping a law, respondent is guilty of serious misconduct
person apply for sale application on a lot is not an (PACG v. Atty. Carandang, A.C. No. 5700, January 30,
offense and not also a ground for disbarment (Olazo 2006).
v. Justice Tinga (Ret.), A.M. No. 10-5-7-SC, December
7, 2010). Grossly immoral conduct
Lawyer’s misconduct committed prior and after It is one that is so corrupt and false as to constitute
admission to the bar and its effects a criminal act or so unprincipled or disgraceful as to
be reprehensible to a high degree (Vitug v. Rongcal,
1. Prior to admission to the bar - acts of misconduct A.C. No. 6313, September 7, 2006);
prior to admission include those that indicate
that at the time the lawyer took his oath, he did NOTE: Mere intimacy between a lawyer and a
not possess the required qualifications for woman with no impediment to marry each other,
membership in the bar. Consequently, the and who voluntarily cohabited and had two
cancellation of his license is justified. children, is neither so corrupt to constitute a
criminal act nor so unprincipled as to warrant
2. After admission to the bar - those which cause disbarment or disciplinary action against the man
loss of moral character on his part or involve as a member of the bar (Arciga v. Maniwang, A.C. No.
violation of his duties to the court, his client, to 1608, August 14, 1981).
the legal profession and to the public.
Moral turpitude
NOTE: Disbarment is merited when the action is not
the lawyer’s first ethical infraction of the same It is defined as “everything that is done contrary to
nature (Que v. Revilla, A.C. No. 7054, December 4, justice, honesty, modesty, or good morals; an act of
2009). baseness, vileness, or depravity in the private and
social duties which a man owes his fellowmen, or to
Malpractice society in general, contrary to the accepted and
customary rule of right and duty between man and
It refers to any malfeasance or dereliction of duty woman, or conduct contrary to justice, honesty
committed by a lawyer (Tan Tek Beng v. David, Adm. modesty, or good morals (Soriano v. Dizon, A. C. No.
Case No. 1261, December 29 1983; Lapena,Jr., 2009). 6792, January 25, 2006).
1. Non-professional misconduct
7. Misconduct as notary public
GR: A lawyer may not be suspended or
disbarred for misconduct in his non- NOTE: By applying for having himself
professional or private capacity. commissioned as notary public, a lawyer
assumes duties in a dual capacity, the non-
XPN: Where such is so gross as to show him to performance of which may be a ground for
be morally unfit for office or unworthy of discipline as a member of the bar.
privilege, the court may be justified in
suspending or removing him from the Roll of Q: Jose secured the services of Atty. Lada to
Attorneys. (2005 Bar Question) pursue a case for partition of property. After
accepting the engagement, Atty. Lada filed the
2. Gross immorality – An act of personal corresponding complaint eventually dismissed
immorality on the part of a lawyer in his private by the RTC for lack of cause of action and
relation with opposite sex may put his insufficiency of evidence. Atty. Lada allegedly
character in doubt. But to justify suspension or asked for the amount of P10,000.00 for the
disbarment, the act must not only be immoral, it payment of appeal fees and other costs. Upon
must be grossly immoral (Abaigar v. Paz, A.M. payment, notice of appeal was filed but was also
No. 997, September 10, 1979). dismissed for being filed out of time. Atty. Lada
however, did not disclose such fact and, instead,
NOTE: Cohabitation per se is not grossly showed to Jose an Order purportedly issued by
immoral. It depends on circumstances and is the RTC directing the submission of the results
not necessary that there be prior conviction for of a DNA testing to prove his filiation. When Jose
an offense before lawyer may be disciplined for found out that the Order was spurious, he filed a
gross immorality. If the evidence is not disbarment case against Atty. Lada. Will the case
sufficient to hold a lawyer liable for gross prosper?
immorality, he may still be reprimanded where
evidence shows failure on his part to comply A: Yes. Atty. Lada already knew of the dismissal of
with rigorous standards of conduct required complainant’s partition case before the RTC.
from lawyers. Moreover, Atty. Lada was inexcusably negligent in
filing complainant’s appeal only on September 12,
3. Conviction of a crime involving moral turpitude – 2007, or way beyond the reglementary period
All crimes of which fraud or deceit is an element therefor, thus resulting in its outright dismissal.
or those inherently contrary to rules of right Clearly, Atty. Lada failed to exercise such skill, care,
conduct, honesty or morality in civilized and diligence as men of the legal profession
community. commonly possess and exercise in such matters of
professional employment. Worse, Atty. Lada
4. Promoting to violate or violating penal laws attempted to conceal the dismissal of complainant’s
appeal by fabricating the Order which purportedly
5. Misconduct in discharge of official duties – A required a DNA testing to make it appear that
lawyer who holds a government office may not complainant’s appeal had been given due course,
be disciplined as a member of the bar for when in truth, the same had long been denied. In so
misconduct in the discharge of his duties as doing, he engaged in an unlawful, dishonest, and
government official. deceitful conduct that caused undue prejudice and
unnecessary expenses on the part of complainant.
However, if the misconduct is in violation of the For gross misconduct, Atty. Lada should be
CPR or of his oath as a lawyer or is of such a disbarred (Tan v. Diamante, A.C. No. 7766, August 5,
character as to affect his qualifications as a 2014).
lawyer, he may be subject to disciplinary action
such as disbarment (Collantes v. Renomeron, A.C. PROCEEDINGS
No. 3056, August 16, 1991).
Initiation of disbarment
NOTE: This rule does not apply to impeachable
officials like SC justices, members of Any interested person or the court motu proprio
constitutional commissions and Ombudsman may initiate disciplinary proceedings. There can be
because they can be removed only by no doubt as to the right of a citizen to bring to the
impeachment. attention of the proper authority acts and doings of
public officers which citizens feel are incompatible
6. Commission of fraud or falsehood; and with the duties of the office and from which conduct
NOTE: The confidentiality of the proceedings is a A: There was no mention that the executive
privilege which may be waived by the lawyer in clemency was absolute and unconditional and
whom and for the protection of whose personal and restored Sesbreño to his full civil and political
professional reputation it is vested, as by presenting rights. The executive clemency merely “commuted
the testimony in a disbarment case or using it as to an indeterminate prison term of 7 years and 6
impeaching evidence in a civil suit (Villalon v. IAC, months to 10 years imprisonment”, the penalty
G.R. No. L-73751, September 24, 1986). imposed on Sesbreño. Commutation is a mere
reduction of penalty and it only partially DISBARMENT PROCEEDINGS BEFORE THE IBP
extinguished criminal liability. The penalty for
Sesbreño’s crime was never wiped out. For The IBP Board of Governors may motu proprio, or
unauthorized practice of law, Sesbreño is disbarred upon referral by the Supreme Court, or by a Chapter
(Garcia v. Atty. Sesbreño, A.C. No. 7973 and A.C. No. Board of Officers, or at the instance of any person,
10457, February 3, 2015) initiate and prosecute proper charges against erring
attorneys including those in the government
Q: After passing the Philippine Bar in 1986, service; Provided, however, that all charges against
Richards practiced law until 1996 when he Justices of the Court of Tax Appeals and the
migrated to Australia where he subsequently Sandiganbayan, and Judges of the Court of Tax
became an Australian citizen in 2000. As he kept Appeals and lower courts, even if lawyers are jointly
himself abreast of the legal developments, charged with them, shall be filed with the Supreme
petitioner learned about the citizenship Court; Provided, further, that charges filed against
retention and re-acquisition act of 2003 (RA Justices and Judges before the IBP, including those
9225), pursuant to which he reacquired his filed prior to their appointment in the Judiciary,
Philippine citizenship in 2006. He took his oath shall immediately be forwarded to the Supreme
of allegiance as a Filipino citizen at the Court for disposition and adjudication.
Philippine embassy in Canberra, Australia.
Jaded by the laid back life in the outback, he PROCEDURAL STEPS FOR
returned to the Philippines in December of DISBARMENT IN THE IBP
2008. After the holidays, he established his own
law office and resumed his practice of law. 1. The Board of Governors shall appoint from
Months later a concerned woman who had among the IBP members an investigator or
secured copies of Atty. Richard's naturalization when special circumstances so warrant, a panel
papers with the consular authentication, filed of 3 investigators to investigate the complaint;
with the SC an anonymous complaint against 2. If the complaint is meritorious, the respondent
him for illegal practice of law. May the Supreme shall be served with a copy requiring him to
Court Act upon the complaint filed by an answer within 15 days from service.
anonymous person? 3. The respondent shall file a verified answer
containing the original and five (5) legible
A: Yes. The Supreme Court may act upon the copies; after receipt of the answer or lapse of
complaint filed by an anonymous complainant, the period to do so, the Supreme Court, may,
because the basis of the complaint consists of motu proprio or at the instance of the IBP Board
documents with consular authentications which can of Governors, upon recommendation by the
be verified being public records. There is no need to investigator, suspend an attorney from
identify the complainant when the evidence is practice, for any of the causes under Rule 138,
documented and verifiable (In re: Echiverri 67 SCRA Sec. 27, during the pendency of the
467, 1975). Besides, the Supreme Court or the IBP investigation
may initiate disbarment proceedings motu proprio. 4. After joinder of the issues or failure to answer,
the respondent shall be given full opportunity
PROCEDURE FOR DISBARMENT to defend himself. But if the respondent fails to
appear to defend himself in spite of notice, the
BAR MATTER NO. 1960 (MAY 1, 2000) investigator may proceed ex parte. The
AMANEDMENT OF SEC. 1, RULE 139-B OF THE investigation shall be terminated within 3
ROC months from commencement unless extended
for good cause by the Board of Governors upon
Proceedings for disbarment, suspension or prior application.
discipline of attorneys may be taken by the: 5. The investigator shall make a report to the
Board of Governors within 30 days from
1. Supreme Court motu proprio; or termination of the investigation which report
2. Integrated Bar of the Philippines (IBP) upon the shall contain his findings and recommendations
verified complaint of any person. The complaint together with the evidence.
shall state clearly and concisely the facts 6. The Board of Governors shall have the power to
complained of and shall be supported by review the decision of the investigator. Its
affidavits of persons having personal decision shall be promulgated within a period
knowledge of the facts therein alleged and/or not exceeding 30 days from the next meeting of
by such documents as may substantiate said the Board following the submission of the
facts. report of the investigator.
7. If the decision is a finding of guilt of the charges,
the IBP Board of Governors shall issue a shall likewise transmit to this Court the
resolution setting forth its findings and resolution with the entire case records for
recommendations which shall be transmitted to appropriate action.
the Supreme Court for final action together with
the record. NOTE: Lawyers must update their records with the
If the decision is for exoneration, or if the IBP by informing the IBP National Office or their
sanction is less than suspension or dismissal, respective chapters of any change in office or
the Board shall issue a decision exonerating the residential address and other contact details. In case
respondent of imposing a lesser sanction. The such change is not duly updated, service of notice on
resolution exonerating the respondent shall be the office or residential address appearing in the
considered as terminating the case unless upon records of the IBP National Office shall constitute
petition of the complainant or other interested sufficient notice to a lawyer for purposes of
party filed with the Supreme Court within 15 administrative proceedings against him (Keld
days from notice of the Board’s decision. Stemmerik v. Atty. Leonuel Mas, A.C. No. 8010, June
16, 2009).
RESOLUTION OF THE COURT EN BANC
DATED JUNE 17, 2008 B.M. NO. 1755 DISBARMENT PROCEEDINGS BEFORE THE
(RE: RULES OF PROCEDURE OF THE SUPREME COURT
COMMISSION
ON BAR DISCIPLINE) 1. In proceedings initiated motu proprio by the
Supreme Court or in other proceeding when the
Propriety of a motion for reconsideration interest of justice so requires, the Supreme
Court may refer the case for investigation to the
1. A party can no longer file a motion for Solicitor General or to any officer of the
reconsideration of any order or resolution of Supreme Court or judge of a lower court, in
the Investigating Commissioner, such motion which case the investigation shall proceed in
being a prohibited pleading. the same manner provided in Sections 6 to 11
2. Regarding the issue of whether a motion for of Rule 139-B, RRC, save that the review of the
reconsideration of a decision or resolution of report of investigation shall be conducted
the Board of Governors (BOG) can be directly by the Supreme Court (Sec. 13, Rule
entertained, an aggrieved party can file said 139-B, RRC)
motion with the BOG within fifteen (15) days
from notice of receipt thereof by said party. NOTE: Reference of the Court to the IBP of
3. In case a decision is rendered by the BOG that complaints against lawyers is not mandatory
exonerates the respondent or imposes a (Zaldivar v. Sandiganbayan, G.R. Nos. 79590-707;
sanction less than suspension or disbarment, Zaldivar v. Gonzales, G.R. No. 80578, October 7,
the aggrieved party can file a motion for 1988).
reconsideration within the 15-day period from
notice. If the motion is denied, said party can file Reference of complaints to the IBP is not an
a petition for a review under Rule 45 of the exclusive procedure under Rule 139-B, RRC.
Rules of Court with the Supreme Court within The Court may conduct disciplinary
fifteen (15) days from notice of the resolution proceedings without the intervention of the IBP
resolving the motion. If no motion for by referring cases for investigation to the
reconsideration is filed, the decision shall Solicitor General or to any officer of the
become final and executory and a copy of said Supreme Court or judge of a lower court. In such
decision shall be furnished to the Supreme case, the report or recommendation of the
Court. investigating official shall be reviewed directly
4. If the imposable penalty is suspension from the by the Supreme Court (Bautista v. Gonzales, A.M.
practice of law or disbarment, the BOG shall No. 1626, February 12, 1990; Funa, 2009).
issue a resolution setting forth its findings and
recommendations. The aggrieved party can file 2. Based upon the evidence adduced at the
a motion for reconsideration of said resolution investigation, the Solicitor General or other
with the BOG within fifteen (15) days from Investigator designated by the Supreme Court
notice. The BOG shall first resolve the incident shall submit to the Supreme Court a report
and shall thereafter elevate the assailed containing his findings of fact and
resolution with the entire case records to the recommendations together with the record and
Supreme Court for final action. If the 15-day all the evidence presented in the investigation
period lapses without any motion for for the final action of the Supreme Court (Sec.
reconsideration having been filed, then the BOG 14, Rule 139-B, RRC).
1. Renders the action moot and academic, but NOTE: The judgment, resolution or order of the
2. The Court may still resolve the case on its merit foreign court or disciplinary agency shall be prima
in order to clear publicly the name of the lawyer facie evidence of the ground for disbarment or
suspension (SC Resolution date 21 February 1992
CONFIDENTIALITY OF DISBARMENT amending Sec. 27, Rule 138, RRC).
PROCEEDINGS
Judgment of suspension of a Filipino lawyer in a
Q: Atty. Fortun is the counsel for Ampatuan, Jr., foreign court
the principal accused in the murder cases in the
Maguindanao Massacare. Atty. Quinsayas, et al. The judgment of suspension against a Filipino
filed a disbarment complaint against Atty. lawyer in a foreign jurisdiction does not
Fortun on the ground that he used and abused automatically result in his suspension or
the different legal remedies available and disbarment in the Philippines as the acts giving rise
allowed under the rules; and muddled the issues to his suspension are not grounds for disbarment
and diverted the attention away from the main and suspension in this jurisdiction. Judgment of
subject matter of the cases. Atty. Fortun alleged suspension against a Filipino lawyer may transmute
that Atty. Quinsayas, et al. actively disseminated into a similar judgment of suspension in the
the details to the media of the disbarment Philippines only if the basis of the foreign court's
complaint against him in violation of Rule 139-B action includes any of the grounds for disbarment or
of the Rules of Court on the confidential nature suspension in this jurisdiction. Such judgment
of disbarment proceedings Is Atty. Fortun merely constitutes prima facie evidence of unethical
correct? acts as lawyer (Velez v. De Vera, A.C. No. 6697, July
25, 2006).
A: No. As a general rule, disbarment proceedings are
confidential in nature until their final resolution and Q: Atty. Forma is a member of the Philippine Bar.
the final decision of this Court. In this case, however, He went to New York City, took the New York
e
Notify Respondent
INVESTIGATION
(TERMINATE WITHIN 3 MONTHS)
PROCEDURE FOR DISBARMENT OR DISCIPLINE OF ATTORNEYS BY THE IBP (Rule 139-B, RRC)
IBP Motu Proprio (Committee on Bar VERIFIED COMPLAINT TO THE IBP BY ANY
Discipline through National Grievance PERSON
Investigator) Complaint must be:
1. In writing;
2. State facts complained of; and
3. Supported by affidavits / documents
1964).
1. Recognition of moral rehabilitation and mental
Prior to actual reinstatement, the lawyer will be fitness to practice law;
required to take anew the lawyer’s oath and sign 2. Lawyer shall be subject to the same law, rules
once again the roll of attorneys after paying the and regulations as those applicable to any other
requisite fees (Funa, 2009). lawyer; and
3. Lawyer must comply with the conditions
Requirements for judicial clemency for imposed on his readmission.
disbarred lawyers and judges
EFFECT OF EXECUTIVE PARDON GRANTED BY
1. There must be proof of remorse and reformation. THE PRESIDENT
2. Sufficient time must have elapsed from the
imposition of the penalty to ensure a period of If during the pendency of disbarment proceeding the
reform. respondent was granted executive pardon, the
3. The age of the person asking for clemency must dismissal of the case on that sole basis will depend
show that he still has productive years ahead of on whether the executive pardon is absolute or
him that can be put to good use by giving him a conditional.
chance to redeem himself. 1. Absolute or unconditional pardon - the
4. There must be a showing of promise (such as disbarment case will be dismissed.
intellectual aptitude, learning or legal acumen or 2. Conditional pardon - the disbarment case will
contribution to the legal scholarship and the not be dismissed on the basis thereof.
development of the legal system), as well as
potential for public service. NOTE: To be reinstated, there is still a need for the
5. There must be other relevant factors and filing of an appropriate petition with the Supreme
circumstances that may justify clemency. Court (In re: Rovero, A.M. No. 126, December 29,
1980).
SUPREME COURT’S GUIDELINES IN
REINSTATEMENT Q: X filed proceedings for disbarment against his
lawyer, Atty. C, following the latter’s conviction
1. The applicant’s character and standing pr for estafa for misappropriating funds belonging
ior to the disbarment; to his client (X). While the proceedings for
2. The nature and character of the charge for disbarment was pending, the President granted
which he was disbarred; absolute pardon in favor of Atty. C. Atty. C, then,
3. His conduct subsequent to the disbarment, and moved for the dismissal of the disbarment case.
the time that has elapsed between the Should the motion be granted?
disbarment and the application for
reinstatement (Prudential Bank v. Benjamin A: An absolute pardon by the President is one that
Grecia, A.C. No. 2756, December 18, 1990); operates to wipe out the conviction as well as the
4. His efficient government service (In re: offense itself. The grant thereof to a lawyer is a bar
Adriatico, G.R. No. L-2532, November 17, 1910); to a proceeding for disbarment against him, if such
5. Applicant’s appreciation of the significance proceeding is based solely on the fact of such
of his dereliction and his assurance that he now conviction (In re: Parcasio, A.C. No. 100, February. 18,
possesses the requisite probity and integrity; 1976).
and
6. Favorable endorsement of the IBP and pleas of But where the proceeding to disbar is founded on
his loved ones (Yap Tan v. Sabandal, B.M. No. the professional misconduct involved in the
144, February 24, 1989). transaction which culminated in his conviction, the
effect of the pardon is only to relieve him of the
NOTE: Whether or not the applicant shall be penal consequences of his act and does not operate
reinstated rests on the discretion of the court as a bar to the disbarment proceeding, inasmuch as
(Prudential Bank v. Benjamin Grecia, A.C. No. 2756, the criminal acts may nevertheless constitute proof
December 18, 1990). that the attorney does not possess good moral
character (In re: Lontok, 43 Phil. 293, April 7, 1922).
The court may require applicant for reinstatement
to enroll in and pass the required fourth year review NOTE: In the light of recent court pronouncements
classes in a recognized law school (Cui v. Cui, In Re: that a lawyer may be disciplined even for non-
Resian, A.C. No. 270, March 20, 1974). professional misconduct, one may argue that a
lawyer convicted of a crime involving moral
Other effects of reinstatement turpitude, and subsequently receives absolute
pardon, may still be proceeded against under the A: The Constitution provides that the practice of all
Code of Professional Responsibility even if the acts professions in the Philippines shall be limited to
of which he was found guilty did not involve Filipino citizens save in cases prescribed by law.
professional misconduct (A modification of In Re Since Filipino citizenship is a requirement for
Lontok, supra). The ground for the petition for admission to the bar, loss thereof terminates
disciplinary action under the Code must, however, membership in the Philippine bar and,
not be founded alone on the conviction but must be consequently, the privilege to engage in the practice
based on the acts committed by the lawyer which of law. In other words, the loss of Filipino
rendered him morally unfit to be a member of the citizenship ipso jure terminates the privilege to
bar (Aguirre, 2006). practice law in the Philippines. The practice of law
is a privilege denied to foreigners.
Q: X, a member of the Bar, was charged with and
found guilty of estafa, for which he was The exception is when Filipino citizenship is lost by
sentenced to suffer imprisonment and to reason of naturalization as a citizen of another
indemnify the offended party for the amount country but subsequently reacquired pursuant to
involved. Not having taken an appeal from the R.A. 9225. This is because “all Philippine citizens
judgment of conviction, upon finality thereof he who become citizens of another country shall be
was taken into custody to serve sentence. A deemed not to have lost their Philippine citizenship
month after he was incarcerated, he was granted under the conditions of R.A. 9225.” Therefore, a
pardon by the Chief Executive on condition that Filipino lawyer who becomes a citizen of another
he would not commit another offense during the country is deemed never to have lost his Philippine
unserved portion of his prison sentence. Soon citizenship if he reacquires it in accordance with
after X’s release from custody after being R.A. 9225. Although he is also deemed never to have
pardoned, the offended party in the criminal terminated his membership in the Philippine bar, no
case filed a Complaint for Disbarment against X automatic right to resume law practice accrues.
in the Supreme Court. X set up the defense that
having been pardoned thus he may not be Before a lawyer who reacquires Filipino citizenship
disbarred from the practice of law anymore. Is pursuant to R.A. 9225 can resume his law practice,
X’s contention tenable? (1999 Bar Question) he must first secure from the SC the authority to do
so, conditioned on:
A: X’s contention is not tenable. He was granted only
a conditional pardon. Such conditional pardon 1. The updating and payment in full of the annual
merely relieved him of the penal consequences of membership dues in the IBP;
his act but did not operate as a bar to his 2. The payment of professional tax;
disbarment. Such pardon does not reach the offense 3. The completion of at least 36 credit hours of
itself. Hence, it does not constitute a bar to his mandatory continuing legal education, this is
disbarment (In Re Gutierrez, A.C. No. L-363, July 31, especially significant to refresh the
1962; In re Avancena, A.C. No. 407, August 15, 1967). applicant/petitioner’s knowledge of Philippi
Furthermore, the acts of X leading to his conviction ne laws and update him of legal developments;
may be used to show that he does not possess the and
necessary requirement of good moral character for 4. The retaking of the lawyer’s oath which will not
continued membership in the Bar (In re Valloces, only remind him of his duties and responsibilities
A.C. No. 439, September 30, 1982). as a lawyer and as an officer of the Court, but also
renew his pledge to maintain allegiance to the
LAWYERS WHO HAVE BEEN REPATRIATED Republic of the Philippines (Petition for Leave to
Resume Practice of Law of Benjamin Dacanay,
Q: Dacanay practiced law until he migrated to B.M. No. 1678, December 17, 2007).
Canada to seek medical attention for his
ailments. He subsequently applied for Canadian Q: Atty. Repatriar, a law school classmate,
citizenship to avail of Canada’s free medical aid approached you on your 25th Class Reunion,
program. His application was approved and he with questions on how he can resume the
became a Canadian citizen. Dacanay later on practice of law in the Philippines. He left the
reacquired his Philippine citizenship by virtue country in 1977 after two (2) years of initial law
of R.A. 9225. Did Dacanay lose his membership practice, and migrated to the United States
in the Philippine bar when he gave up his where he was admitted to the practice of law in
Philippine citizenship? Can he automatically the State of New York. He asks that you give him
practice law upon reacquiring Filipino a formal legal opinion on his query.
citizenship?
Outline briefly the steps and the supporting On the other hand, if Atty. Repatriar has lost
legal reasons you would state in your legal his Philippine citizenship, he must submit
opinion on what Atty. Repatriar should do to the following:
resume his Philippine practice. (2013 Bar
Question) (a) Petition for Re-Acquisition of
Philippine Citizenship;
A: Atty. Repatriar must prepare a sworn petition to (b) Order (for Re-Acquisition of
re-acquire the privilege to practice law in the Philippine Citizenship);
Philippines. He should manifest in his petition his (c) Oath of Allegiance to the Republic
desire to resume his law practice in the Philippines, of the Philippines;
and he is not disqualified to practice law. The “right (d) Identification Certificate (IC)
to resume the practice of law” is not automatic. R.A. issued by the Bureau of
No. 9225 provides that a person who intends to Immigration.
practice his profession in the Philippines must apply
with the proper authority for a license or permit to The loss of Filipino citizenship means
engage in such practice. It cannot be overstressed termination of Atty. Repatriar’s
that the practice of law is a privilege burdened with membership in the bar; ipso jure the
conditions. It is so delicately affected with public privilege to engage in the practice of law.
interest that it is both the power and duty of the “Under R.A. No. 9225, natural-born citizens
state (through the Supreme Court) to control and who have lost their Philippine citizenship
regulate it in order to protect and promote the by reason of their naturalization as citizens
public welfare. of a foreign country are deemed to have re-
acquired their Philippine citizenship upon
Adherence to rigid standards of mental fitness, taking the oath of allegiance to the
maintenance of the highest degree of morality, Republic. Thus, a Filipino lawyer who
faithful observance of the legal profession, becomes a citizen of another country and
compliance with the mandatory continuing legal later re-acquires his Philippine citizenship
education requirement, and payment of under R.A. No. 9225 remains to be a
membership fees to the Integrated Bar of the member of the Philippine bar.” (Ibid.)
Philippines (IBP) are the conditions required for
membership in good standing in the bar and for 2. Certification from the IBP indicating
enjoying the privilege to practice law. Any breach by updated payments of annual membership
a lawyer of any of these conditions makes him dues;
unworthy of the trust and confidence which the
courts and clients repose in him for the continued 3. Proof of payment of professional tax; and
exercise of his professional privilege (In re: petition
to re-acquire the privilege to practice law in the 4. Certificate of compliance issued by the
Philippines, Epifanio B. Muneses, B.M. No. 2112, July MCLE Office. (Ibid.)
24, 2011).
5. A certificate of good moral character
He should file the petition with the Supreme Court, attested to by at least three (3) members of
through the Bar Confidant, accompanied by the the bar; and
original or certified copies of the following
documents: 6. A certification from the State Bar of New
York that Atty. Repatriar does not have any
1. Showing that he is still a Filipino citizen. previous or pending disciplinary action
“The Court reiterates that Filipino filed against him before that body.
citizenship is a requirement for admission
to the bar and is, in fact, a continuing
requirement for the practice of law.” (Ibid.)
Having retained Philippine citizenship
could be evidenced by the Philippine
passport, the U.S. Green Card showing
Philippine citizenship and U.S. residency, or
other authentic documents which the
Supreme Court may require.
MANDATORY CONTINUING LEGAL EDUCATION 7. Remaining 6 hours – such other subjects as may
(MCLE) be prescribed by the Committee on MCLE
MCLE ensures that members of the IBP are kept Starts on the first day of the month of his admission
abreast with law and jurisprudence throughout (Bar Matter No. 850, Sec. 3, Rule 3).
their career, maintain the ethics of the profession
and enhance the standards of the practice of law. Classes of credits
Other parties exempted: Q: Can a lawyer who lacks the number of units
required by the MCLE Board continue to practice
1. Those who are not in law practice, private or the profession? (2014 Bar Question)
public;
2. Those who have retired from law practice with A: Yes. A lawyer, not being exempted from MCLE,
the approval of the IBP Board of Governors. who fails to comply with the required legal
education activities shall receive a Non-Compliance
Request for exemption under special Notice and shall be required to explain the
circumstance deficiency or otherwise show compliance with the
requirements. A member who fails to satisfactory peoples’ organizations (POs) like the Free Legal
comply therewith shall be listed as a delinquent Assistance Group who by the nature of their
member by the IBP, wherein he shall be included in work already render free legal aid to indigent
the inactive status (Rule 12 and Rule 13, B.M. 850). and pauper litigants; and
4. Lawyers not covered under subparagraphs 1 to
He may still practice the profession but his all 3 including those who are employed in the
pleadings submitted to court may be expunged from private sector but do not appear for and in
the records since it is required that practicing behalf of parties in courts of law and quasi-
members of the Bar to indicate in all pleadings filed judicial agencies (Sec. 4[a], B.M. 1. 2012).
before the courts or quasi-judicial bodies, the
number and date of issue of their MCLE Certificate Legal aid cases
of Compliance or Certificate of Exemption, as may
be applicable (Bar Matter No. 1922, June 3, 2008). It includes actions, disputes, and controversies that
are criminal, civil and administrative in nature in
BAR MATTER NO. 2012 whatever stage wherein indigent and pauper
RULE ON MANDATORY LEGAL AID SERVICE litigants need legal representation (Sec. 4[c], B.
M.2012).
The mandatory Legal Aid Service mandates every
practicing lawyer to render a minimum of 60 hours REQUIREMENTS FOR MANDATORY
of free legal aid services to indigent litigants yearly. LEGAL AID SERVICE
practicing lawyers (Sec. 5[d], B.M. 2012). 2. One (1) credit unit for trial and pretrial skills
6. Practicing lawyers shall indicate in all pleadings 3. One (1) credit unit for alternative dispute
filed before the courts or quasi-judicial bodies resolution
the number and date of issue of their certificate 4. Two (2) credit units for legal writing and oral
of compliance for the immediately preceding advocacy
compliance period (Sec 5[e], B.M. 2012). 5. Two (2) credit units for substantive and
procedural laws and jurisprudence
Contents of a certificate from the Clerk of Court 6. Three (3) credit units for such subjects as may be
attesting the number of hours spent in prescribed by the MCLE Committee under
rendering free legal services Section 2(g), Rule 2 of the Rules on MCLE (Sec. 8,
B.M. 2012).
1. The case or cases where the legal aid service was
rendered, the party or parties in the said case(s), PENALTIES FOR NON-COMPLIANCE WITH THE
the docket number of the said case(s) and the RULE ON MANDATORY LEGAL AID SERVICE
date(s) the service was rendered
2. The number of hours actually spent 1. At the end of every calendar year, any practicing
3. The number of hours actually spent attending lawyer who fails to meet the minimum
mediation, conciliation or any other mode of ADR prescribed 60 hours of legal aid service each
on a particular case year shall be required by the IBP, through the
4. A motion (except a motion for extension of time National Committee on Legal Aid (NCLA), to
to file a pleading or for postponement of hearing explain why he was unable to render the
or conference) or pleading filed on a particular minimum prescribed number of hours.
case shall be considered as one (1) hour of 2. If no explanation has been given or if the NCLA
service (Sec 5[b], B.M. 2012). finds the explanation unsatisfactory, the NCLA
NOTE: The Clerk of Court shall issue the certificate shall make a report and recommendation to the
in triplicate, one (1) copy to be retained by the IBP Board of Governors that the erring lawyer
practicing lawyer, one (1) copy to be retained by the be declared a member of the IBP who is not in
Clerk of Court and one (1) copy to be attached to the good standing.
lawyer's compliance report (Sec 5[b][iv] second par., 3. Upon approval of the NCLA’s recommendation,
B.M. 2012) the IBP Board of Governors shall declare the
erring lawyer as a member not in good
CREDITS TO LAWYERS WHO RENDER FREE standing.
LEGAL AID SERVICE 4. The notice to the lawyer shall include a
directive to pay P4,000.00 penalty which shall
A lawyer who renders mandatory legal aid service accrue to the special fund for the legal aid
for the required number of hours in a year for the program of the IBP.
three year-period covered by a compliance period 5. The “not in good standing” declaration shall be
under the Rules on MCLE shall be credited the effective for a period of 3 months from the
following: receipt of the erring lawyer of the notice from
the IBP Board of Governors.
1. Two (2) credit units for legal ethics 6. During the said period, the lawyer cannot
2. Two (2) credit units for trial and pretrial skills appear in court or any quasi-judicial body as
3. Two (2) credit units for alternative dispute counsel.
resolution 7. Provided, however, that the “not in good
4. Four (4) credit units for legal writing and oral standing” status shall subsist even after the
advocacy lapse of the 3-month period until and unless the
5. Four (4) credit units for substantive and penalty shall have been paid.
procedural laws and jurisprudence 8. Any lawyer who fails to comply with his duties
6. Six (6) credit units for such subjects as may be under this Rule for at least 3 consecutive years
prescribed by the MCLE Committee under shall be the subject of disciplinary proceedings
Section 2(g), Rule 2 of the Rules on MCLE to be instituted motu proprio by the Committee
on Bar Discipline (Sec. 7, B.M. 2012).
A lawyer who renders mandatory legal aid service
for the required number of hours in a year for at NOTE: The falsification of a certificate or any
least two consecutive years within the three year- contents thereof by any Clerk of Court or by any
period covered by a compliance period under the Chairperson of the Legal Aid Committee of the IBP
Rules on MCLE shall be credited the following: local chapter where the case is pending or by the
Director of a legal clinic or responsible officer of an
1. One (1) credit unit for legal ethics NGO (non-governmental organizations) or PO
NOTARIAL PRACTICE
LAWYERS AS NOTARY PUBLIC
Purpose of the Notarial Law
GR: Only those admitted to the practice of law are
1. To promote, serve, and protect public interest; qualified to be notaries public.
2. To simplify, clarify, and modernize the rules
governing notaries public; and XPNs: When there are no persons with the
3. To foster ethical conduct among notaries public necessary qualifications or where there are
(Sec. 2, Rule I, A.M. No. 02-8-13-SC) qualified persons but they refuse appointment. In
which case, the following persons may be appointed
Effect of notarized document as notaries:
A document acknowledged before a notary public is 1. Those who passed the studies of law in a
a public document (Sec. 19, Rule 132, RRC) and may reputable university; or
be presented in evidence without further proof, the 2. A clerk or deputy clerk of court for a period of
certificate of acknowledgment being prima facie not less than two years.
evidence of the execution of the instrument or
document involved (Sec. 30, Rule 132, RRC). Non-Lawyers as Notaries
QUALIFICATIONS OF NOTARY PUBLIC The Rules now requires that notaries must be
members of the Philippine Bar. The Supreme Court
Notary public no longer approves requests from non-lawyers for
appointment or reappointment as notaries.
A person appointed by the court whose duty is to
attest to the genuineness of any deed or writing in Government Lawyers as Notaries
order to render them available as evidence of facts
stated therein and who is authorized by the statute Acts of notarization are within the ambit of the term
to administer various oaths. “practice of law”. Pursuant to Memorandum
Circular No. 17, “No Government officer or
NOTE: “Notary Public" and "Notary" refer to any employee shall engage directly in any private
person commissioned to perform official acts under business, vocation, or profession or be connected
the rules on Notarial Practice (Sec. 9, Rule II, A.M. No. with any commercial, credit, agricultural, or
02-8-13-SC). industrial undertaking without a written
permission from the head of Department”. The law
Qualifications of a notary public [C21-RMC] now allows government lawyers to serve as
notaries provided there is written permission from
To be eligible for commissioning as notary public, the head of Department.
the petitioner must be:
NOTE: In a case, a lawyer was reprimanded for
1. A citizen of the Philippines; engaging in notarial practice without the authority
2. Over 21 years of age; from the Secretary of Justice. The Registry of Deeds
3. A resident in the Philippines for at least 1 year with whom he obtained authority is not the head of
and maintains a regular place of work or the Department (Abella v. Atty. Cruzabra, A.C. No.
business in the city or province where the 5688, June 4, 2009).
commission is to be issued;
Clerk of Court as Notary Public
NOTE: This is to prohibit the practice of some
notaries who maintain makeshift “offices” in Clerk of court may act as notary public, provided he
sidewalks and street corners of government is commissioned and has been permitted by his
offices (Tirol, 2010). superior. Such consent is necessary because the act
of notarizing a document is a practice of law.
4. A member of the Philippine Bar in good standing
with clearances from the Office of the Bar NOTE: Clerks of Court of RTCs are authorized to
Confidant of the Supreme Court and the notarize not only documents relating to the exercise
Integrated Bar of the Philippines; and of official functions but also private documents,
5. Has not been convicted in the first instance of subject to conditions that: (a) all notarial fees
any crime involving moral turpitude (Second charged shall be for the account of the Judiciary; and
par., Sec. 1, Rule III, 2004 Rules on Notarial (b) they certify in the notarized documents that
Practice, A.M. No. 02-8-13-SC). there are no notaries public within the territorial
1. All notarial fees charged be for the account of 1. A statement containing the petitioner's
the Government and turned over to the personal qualifications, including the
municipal treasurer petitioner's date of birth, residence, telephone
2. Certification be made in the notarized number, professional tax receipt, roll of
documents attesting to the lack of any lawyer or attorney's number and IBP membership
notary public in such municipality or circuit. number;
2. Certification of good moral character of the
Their authority to notarize is limited to their sala. petitioner by at least 2 executive officers of the
Hence, they cannot notarize documents filed in local chapter of the Integrated Bar of the
another town because it will be considered as Philippines where he is applying for
practice of law. commission;
3. Proof of payment for the filing of the petition as
Q: Vicente Batic charged Judge Victorio Galapon required by the Rules on Notarial Practice; and
Jr. with engaging in unauthorized notarial 4. Three passport-size color photographs with
practice for having notarized a Deed of Absolute light background taken within 30 days of the
Sale between Antonio Caamic and Lualhati application. The photograph should not be
Ellert. Under the deed of sale, Ellert, was retouched. The petitioner shall sign his name at
described as single. At the time of Galapon’s the bottom part of the photographs (Sec. 2,Rule
notarization of the Deed of Sale, there was a III, A.M. No. 02-8-13-SC).
notary public in Dulag, Leyte. Judge Galapon NOTE: Every petitioner for a notarial commission
claims that he did not prepare the document and shall pay the application fee as prescribed in the
that his participation was limited to its Rules of Court (Sec. 3, Rule III, A.M. No. 02-8-13-SC).
3. Represents to the notary public that the signature is the status of such a notarial
on the instrument or document was voluntarily acknowledgement? (2011 Bar Question)
affixed by him for the purposes stated in the
instrument or document, declares that he has A: Valid, since it is a manner of establishing the
executed the instrument or document as his free identity of the person executing the document.
and voluntary act and deed, and, if he acts in a
particular representative capacity, that he has the AFFIRMATION OR OATH
authority to sign in that capacity (Sec. 1, Rule II,
A.M. 02-8-13-SC). Refers to act in which an individual on a single
occasion:
Q: Cabanilla filed a complaint against Atty.
Cristal-Tenorio with the IBP, alleging that he 1. Appears in person before the notary public;
never appeared before her when she notarized 2. Is personally known to the public or identified
the deed of sale of his house, and that the by the notary through competent evidence of
signatures appearing opposite their respective identity as defined by the Rules; and
names were forgeries. Did Atty. Cristal-Tenorio 3. Avows under penalty of law, to the whole truth
fail to comply with the mandates of the law when of the contents of the instrument or document.
she notarized the deed of sale without the
complainant and his children? Does such failure Officers allowed to administer oaths (Republic
warrant the revocation of her notarial Act No. 9406):
commission?
1. President;
A: Yes. Under Section 1(a) of Act 2103, a notary 2. Vice-President;
public taking the acknowledgment in a document or 3. Members and Secretaries of both Houses of the
instrument is mandated to certify that the person Congress;
acknowledging the instrument or document is 4. Members of the Judiciary;
known to him and that he is the same person who 5. Secretaries of Departments;
executed it and acknowledged that the same is his 6. Provincial governors and lieutenant-governors;
free act and deed. To "acknowledge before" means 7. City mayors;
to avow; to own as genuine, to assert, to admit; and 8. Municipal mayors;
"before" means in front or preceding in space or 9. Bureau directors;
ahead of. A party acknowledging must appear 10. Regional directors;
before the notary public. A notary public should not 11. Clerk of courts;
notarize a document unless the persons who signed 12. Registrars of deeds;
the same are the very same persons who executed 13. Other civilian officers in the public service of
and personally appeared before the said notary the government of the Philippines whose
public to attest to the contents and truth of what are appointments are vested in the President and
stated therein. The presence of the parties to the are subject to confirmation by the Commission
deed making the acknowledgment will enable the on Appointments;
notary public to verify the genuineness of the 14. All other constitutional officers;
signature of the affiant. A notary public is enjoined 15. PAO lawyers in connection with the
from notarizing a fictitious or spurious document. performance of duty; and
The function of a notary public is, among others, to 16. Ombudsman (Sec. 15(8), RA 6770)
guard against any illegal deed (Cabanilla v. Cristal- 17. Notaries public (Sec. 41, Chapter I, Book I,
Tenorio, A.C. No. 6139, November 11, 2003). E.O.292)
NOTE: P.A.O. Lawyers now have the authority to it and acknowledged that
administer oaths, provided it is in connection with the same is his free act and
the performance of their duties. deed.
Two-fold purpose: To Purpose: Gives the
The fiscal or the state prosecutor has the authority authorize the deed to be document a legal
to administer oaths (RA No. 5180, as amended by P.D. given in evidence without character.
911). further proof of its
execution, and, to entitle it
JURAT to be recorded.
A: Yes. It likewise falls within the powers of a notary a. Not in the notary's presence personally at the
public, provided: time of the notarization; and (Sec. 2(b)(1), Rule
IV, A.M. No. 02-8-13-SC).
1. The notary public is directed by the person b. Not personally known to the notary public or
unable to sign or make a mark to sign on his otherwise identified by the notary public
behalf; through competent evidence of identity as
2. The signature of the notary public is affixed in defined by the Rules on Notarial Practice
the presence of 2 disinterested and unaffected (Sec.2(b)(2), Rule IV, A.M. No. 02-8-13-SC)
witnesses to the instrument or document; c. The document is blank or incomplete; (Sec.6 (a)
3. Both witnesses sign their own names; Rule IV, A.M. 02-8-13-SC)
4. The notary public writes below his signature: d. An instrument or document is without
“Signature affixed by notary in the presence of appropriate notarial certification (Sec. 6, Rule
(names and addresses of person and 2 IV, A.M. 02-8-13-SC).
witnesses)”; and
5. The notary public notarizes his signature by Q: Cynthia filed an application for building
acknowledgment or jurat (Sec. 1(c), Rule IV, A.M. permit in connection with the renovation of a
02-8-13-SC). building situated on a lot owned by her brother
Rolando de la Cruz. One of the documents
COPY CERTIFICATION required in the processing of the application
was an affidavit to be executed by the lot owner.
Refers to a notarial act in which a notary public: Since Rolando de la Cruz was a resident abroad,
an affidavit was prepared wherein it was made
1. Is presented with an instrument or document to appear that he was a resident of Leyte. Atty.
that is neither a vital record, a public record, nor Francisco Villamor notarized the purported
publicly recordable; affidavit. According to him, a Chinese mestizo
2. Copies or supervises the copying of the appeared in his law office one time, requesting
instrument or document; that his affidavit be notarized. Said person
3. Compares the instrument or document with the declared that he was Rolando de la Cruz. Atty.
copy; and Villamor then asked for the production of his
4. Determines that the copy is accurate and residence certificate, but he said, he did not
complete (Sec. 4, Rule II, A.M. 02-8-13-SC). bother to bring the same along with him
anymore as, he has already indicated his serial
NOTE: The document copied must be an original number in the jurat portion together with the
document. It cannot be a copy itself. date of issue and place of issue. Did Atty.
Francisco Villamor commit a violation of
NOTARIAL CERTIFICATE notarial law?
Refers to the part of, or attachment to a notarized A: Yes. It is the duty of the notarial officer to demand
instrument or document that is completed by the that the document presented to him for notarization
notary public which bears the notary's signature should be signed in his presence. By his admission,
and seal, and states the facts attested to by the the affidavit was already signed by the purported
notary public in a particular notarization as affiant at the time it was presented to him for
provided for by the Rules on Notarial Practice (Sec. notarization. Atty. Villamor thus failed to heed his
8, Rule II, A. M. No. 02-8-13). duty as a notary public to demand that the
NOTE: If the notary public admitted that he has NOTE: Improper instrument/document is a blank
personal knowledge of a false statement contained or incomplete instrument or an instrument or
in the instrument to be notarized yet proceeded to document without appropriate notarial
affix his or her notarial seal on it, the court must not certification (Sec. 6, Rule V, A.M. No. 02-8-13-SC).
hesitate to discipline the notary public accordingly
as the circumstances of the case may dictate. NOTARIAL REGISTER
Otherwise, the integrity and sanctity of the
notarization process may be undermined and public A notary public shall keep, maintain, protect and
confidence on notarial documents diminished provide for lawful inspection as provided in these
(Ibid.). Rules, a chronological official notarial register of
notarial acts consisting of a permanently bound
DISQUALIFICATION OF A NOTARY PUBLIC TO book with numbered pages.
PERFORM A NOTARIAL ACT
The register shall be kept in books to be furnished
A notary public is disqualified to perform notarial by the Solicitor General to any notary public upon
act when he: request and upon payment of the cost thereof. The
register shall be duly paged, and on the first page,
1. Is a party to the instrument or document that is the Solicitor General shall certify the number of
pages of which the book consists (Sec. 1(a), Rule VI, instrument or document, and name of the
A.M. No. 02-8-13-SC). principal in the notarial act or acts sought; and
6. The person is shown only the entry or entries
NOTE: Failure of the notary to make the proper specified by him (Sec.4 (a), Rule VI, A.M. No. 02-
entry or entries in his notarial register touching his 8-13-SC).
notarial acts in the manner required by law is a
ground for revocation of his commission (Father Examination of notarial register by law
Ranhilio C. Aquino Et. Al., v. Atty. Edwin Pascua, A.C. enforcement officer
No. 5095, November 28, 2007, En Banc).
The notarial register may be examined by a law
Notary public is personally accountable for all enforcement officer in the course of an official
entries in his notarial register. They cannot be investigation or by virtue of a court order (Sec. 4(b),
relieved of responsibility for the violation of the Rule VI, A. M. No. 02-8-13-SC).
aforesaid sections by passing the buck to their
secretaries (Lingan v. Atty. Calibaquib, A.C. No. 5377, LOSS, DESTRUCTION and DAMAGE OF
June 15, 2006). NOTARIAL REGISTER
Effect of failure to submit Report 1. In case the notarial register is stolen, lost,
destroyed, damaged, or otherwise rendered
Notary’s negligence in failing to submit his notarial unusable or illegible as a record of notarial acts,
report will not affect the admissibility as evidence of the notary public shall, within ten (10) days
an instrument he notarized (Tirol, 2010). Parties after informing the appropriate law
who appear before a notary public to have their enforcement agency in the case of theft or
documents notarized should not be expected to vandalism, notify the Executive Judge by any
follow up on the submission of the notarial means providing a proper receipt or
reports. They should not be made to suffer the acknowledgment, including registered mail and
consequences of the negligence of the Notary Public also provide a copy or number of any pertinent
in following the procedures prescribed by the police report.
Notarial Law (Destreza v. Atty. Riñoza-Plazo, G.R. No. 2. Upon revocation or expiration of a notarial
176863, October 30, 2009). commission, or death of the notary public, the
notarial register and notarial records shall
Signing or affixing a thumbmark in the notarial immediately be delivered to the office of the
register Executive Judge (Sec. 5, Rule VI, A. M. No. 02-8-
13-SC).
At the time of notarization, the notary's notarial
register shall be signed or a thumb or other mark The notary public may refuse the request of
affixed by each: inspection for register of deeds
further that the notary public may be commissioned situations, at the request of the parties. Notarizing
for the same term only by one court within the in a cockpit is not one of such exceptions. The
Metro Manila region. prohibition is aimed to eliminate the practice of
ambulatory notarization. However, assuming that
“Regular place of work or business” of a notary the cockpit is within his notarial jurisdiction, the
public meaning notarization may be valid but the notary public
should be disciplined.
The regular place of work or business refers to a
stationary office in the city or province wherein the REVOCATION OF COMMISSION
notary public renders legal and notarial services
(Sec. 11, Rule II, 2004 Rules on Notarial Practice). Who may revoke the notarial commission
Jurisdiction of Notary Public 1. The Executive Judge of the RTC who issued the
commission on any ground on which an
GR: A notary public shall not perform a notarial act application for commission may be denied (Sec.
outside his jurisdiction and his regular place of 1, Rule XI, A.M. No. 02-8-13-SC); or
work or business. 2. By the Supreme Court itself in the exercise of its
general supervisory powers over lawyer.
XPNs: A notarial act may be performed at the
request of the parties in the following sites, other GROUNDS FOR REVOCATION
than his regular place of work or business, located
within his territorial jurisdiction: The executive Judge shall revoke a notarial
commission for any ground on which an application
1. Public offices, convention halls, and similar for a commission may be denied. In addition, the
places where oaths of office may be Executive Judge may revoke the commission of, or
administered; impose appropriate administrative sanctions upon,
2. Public function areas in hotels and similar any notary public who:
places for the signing of instruments or
documents requiring notarization; 1. Fails to keep a notarial register;
3. Hospitals and other medical institutions 2. Fails to make the proper entry or entries in his
where a party to an instrument or document notarial register concerning his notarial acts;
is confined for treatment 3. Fails to send the copy of the entries to the
4. Any place where a party to an instrument or Executive Judge within the first ten (10) days of
document requiring notarization is under the month following;
detention (Sec. 2, Rule IV, A.M. No. 02-8-13-SC). 4. Fails to affix to acknowledgments the date of
5. Such other places as may be dictated because expiration of his commission;
of emergency. 5. Fails to submit his notarial register, when filled,
to the Executive Judge;
NOTE: It is improper for a notary public to notarize 6. Fails to make his report, within a reasonable
documents in sidewalk since it is now required that time, to the Executive Judge concerning the
a notary public should maintain a regular place of performance of his duties, as may be required by
work or business within the city or province where the judge;
he is commissioned. The SC evidently wants to 7. Fails to require the presence of a principal at the
eradicate the practice of “fly by night” notaries public time of the notarial act;
who notarized documents in “improvised” offices.
NOTE: "Principal" refers to a person appearing
Q: Atty. Sabungero obtained a notarial before the notary public whose act is the subject
commission. One Sunday, while he was at the of notarization.
cockpit, a person approached him with an
affidavit that needed to be notarized. Atty. 8. Fails to identify a principal on the basis of
Sabungero immediately pulled out from his personal knowledge or competent evidence;
pocket his small notarial seal, and notarized the 9. Executes a false or incomplete certificate under
document. Was the affidavit validly notarized? Section 5, Rule IV;
(2009 Bar Question) 10. Knowingly performs or fails to perform any
other act prohibited or mandated by these
A: Section 2, Rule IV of the 2004 Rules on Notarial Rules; and
Practice provides that a Notary Public shall not 11. Commits any other dereliction or act which in
perform a notarial act outside his regular place of the judgment of the Executive Judge constitutes
work, except in few exceptional occasions or good cause for revocation of commission or
imposition of administrative sanction (Sec. 1, witnesses. Did Atty. Regino Tamabago violate
Rule XI, 2004 Rules on Notarial Practice). any of the duties of a notary public?
NOTE: Functions of notary public – violations: A: Atty. Tamabago, as notary public, evidently failed
suspension as notary not for the practice of law in the performance of the elementary duties of his
(Villarin v. Sabate, A.C. No. 3224, February 9, 2000). office. There is absence of a notation of the
residence certificates of the notarial witnesses in
COMPETENT EVIDENCE OF IDENTITY the will in the acknowledgment. Further, the
notation of the testator’s old residence certificate in
Competent evidence of identity refers to the the same acknowledgment was a clear breach of the
identification of an individual based on the law. The Notarial Law then in force required the
following: exhibition of the residence certificate upon
notarization of a document or instrument. By having
1. At least one current identification document allowed decedent to exhibit an expired residence
issued by an official agency bearing the certificate, Atty. Tamabago failed to comply with the
photograph and signature of the individual such requirements of the old Notarial Law. As much
as but not limited to: could be said of his failure to demand the exhibition
of the residence certificates of notarial witnesses.
a. Passport Defects in the observance of the solemnities
b. driver's license prescribed by law render the entire will invalid
c. PRC (Manuel Lee v. Atty. Regino Tamabago, A.C. No. 5281,
d. NBI clearance February 12, 2008).
e. police clearance
f. postal ID SANCTIONS
g. voter's ID
h. any other government issued ID (Sec 12 of Punishable acts under the 2004 Rules on
Rule 2, 2004 Rules on Notarial Practice, as Notarial Practice
amended by A.M. No.02-8-13-SC dated
February 19, 2008). The Executive Judge shall cause the prosecution of
any person who knowingly:
2. The oath or affirmation of one credible witness
not privy to the instrument, document or 1. Acts or otherwise impersonates a notary public;
transaction who is personally known to the 2. Obtains, conceals, defaces, or destroys the seal,
notary public and who personally knows the notarial register, or official records of a notary
individual, or of two credible witnesses neither public; and
of whom is privy to the instrument, document 3. Solicits, coerces, or in any way influences a
or transaction who each personally knows the notary public to commit official misconduct
individual and shows to the notary public (Sec. 1, Rule XII, Rule on Notarial Practice).
documentary identification (Amendment to Sec.
12 (a), Rule II of the 2004 Rules on Notarial NOTE: Notarizing documents without the requisite
Practice, February 19, 2008). commission therefore constitutes malpractice, if not
the crime of falsification of public documents (St.
NOTE: Competent evidence of identity is not Louis Laboratory High School Faculty And Staff V.
required in cases where the affiant is personally Dela Cruz, A.C. No. 6010. August 28, 2006).
known to the Notary Public (Amora, Jr. v. Comelec,
G.R. No.192280, January 25, 2011).
NOTE: Most of the provisions of the Code of A: When a lawyer discovers that some fraud or
Professional Ethics are incorporated in the Code of deception has been practiced, upon the court or
Professional Responsibility. Only those topics not party, he should endeavor to rectify it; at first by
considered incorporated are included to prevent advising his client, and should endeavor to rectify it
redundancy. and if his client refuses to forego the advantage thus
unjustly gained, he should promptly inform the
Duty of the bar in the selection of judges injured person or his counsel, so that they may take
appropriate steps (Canon 41, CPE). Furthermore, if
It is the duty of the bar to endeavor to prevent the client failed or refuses to rectify the same, he
political considerations from outweighing judicial shall terminate the relationship with such client in
fitness in the selection of judges. It should strive to accordance with the Rules of Court (Canon 19.02,
have elevated thereto only those willing to forego CPR).
other employments whether of a business, political
or other character, which may embarrass their free
and fair consideration of questions before them for
decision (Canon 2, CPE).
JUDICIAL ETHICS
1. Attitude toward counsel – He must be
courteous especially to the young and
Judicial ethics inexperienced, should not interrupt in their
arguments except to clarify his minds as to
The branch of moral science which treats of the their positions, must not be tempted to an
right and proper conduct to be observed by all unnecessary display of learning or
judges in trying and deciding controversies brought premature judgment, may criticize and
before them for adjudication and which conduct correct unprofessional conduct of a lawyer
must be demonstrative of impartiality, integrity, but not in an insulting manner.
competence, independence and freedom from
improprieties. This freedom from improprieties 2. Attitude toward litigants and witnesses– He
must be observed in both the public and private life must be considerate, courteous and civil,
of a judge who is the visible representation of the must not utter intemperate language during
law. the hearing of a case.
A judge is a public officer who, by virtue of his office, Proper judicial conduct
is clothed with judicial authority and is lawfully
appointed to decide litigated questions in Judges and justices must conduct themselves as
accordance with law (People v. Manantan, G.R. No. L- to be beyond reproach and suspicion and free
14129, August 30, 1962). from appearance of impropriety in their
personal behavior, not only in the discharge of
NOTE: This refers to persons only. There may be a official duties but also in their everyday lives.
judge without a court.
Q: In several policy addresses extensively
De jure judge v. De facto judge covered by media since his appointment on
December 21, 2005, Chief Justice Artemio V.
De Jure judge De Facto judge Panganiban vowed to leave a judiciary
One who exercises the An officer who is not characterized by "four Ins" and to focus in
office of a judge as a fully vested with all the solving the "four ACID" problems that corrode
matter of right, fully powers and duties the administration of justice in our country.
vested with all the conceded to judges but, Explain this "four Ins" and "four ACID" problems
powers and functions one who exercises the (2006 Bar Question).
conceded to him office of judge under
under the law (Luna v. some color of right. He A: Chief Justice Panganiban vowed to lead a
Rodriguez, G.R. No. L- has the reputation of judiciary characterized by four Ins: Independence,
13744, November 29, the officer he assumes Integrity, Industry and Intelligence; one that is
1918). to be, yet he has some morally courageous to stand its ground against the
defect in his right to onslaughts of influence, interference, indifference
exercise judicial and insolence; and that is impervious to the plague
functions at the of ships - kinship, relationship, friendship and
particular time (Luna v. fellowship.
Rodriguez, G.R. No. L-
13744, November 29, He identified four ACID problems that corrode
1918). justice in our country; namely, (1) limited Access to
justice by the poor; (2) Corruption; (3)
NOTE: There cannot be a de facto judge when there Incompetence; and (4) Delay in the delivery of
is a de jure judge in the actual performance of the quality judgments.
duties of the office. Moreover, one cannot be
actually acting under any color of right when he has NOTE: Then Chief Justice Panganiban also asked for
ceased to be a judge and has actually vacated the the employees of the Judiciary for three things
office by the acceptance of another office and by encapsulated by the Code DHL: Dedication to duty,
actually entering upon the duties of the other office Honesty in every way, and full loyalty to the
(Luna v. Rodriguez and De Los Angeles, G.R. No. L- judiciary and to the Supreme Court
13744, November 29, 1918).
A: The twin beacons of LIBERTY and PROSPERITY THE NEW CODE OF JUDICIAL CONDUCT
constitute the core judicial philosophy of Chief FOR THE PHILIPPINE JUDICIARY
Justice Panganiban. He “advances the view that (BANGALORE DRAFT)
liberty must include the freedoms that prosperity (A.M. NO. 03-05-01)
allows. In the same manner, prosperity must
include liberty, especially the liberty to strive for the The New Code of Judicial Conduct (NCJC) for the
‘good life’ according to a person’s conception”. He Philippine Judiciary which took effect on June 1,
further said that the judiciary can contribute to the 2004 supersedes the Canons of Judicial Ethics and
advancement of liberty and prosperity by adopting the Code of Judicial Conduct. Provided, however, that
two standards of judicial review: “that in litigations in case of deficiency or absence of specific
involving civil liberties, the scales should weigh provisions in this New Code, the Canons of Judicial
heavily against the government and in favor of the Ethics and Code of Judicial Conduct shall be
people. However, in conflicts affecting prosperity, applicable in a suppletory character (2007, 2009
development and the economy, deference must be Bar Questions).
accorded to the political branches of the
government.” This was adopted from the universal declaration of
standards for ethical conduct embodied in the
In the case of Lumanlaw v. Peralta, G.R. No. 164953, Bangalore Draft as revised at the Round Table
February 13, 2006, a decision penned by the Chief Conference of Chief Justices at the Hague.
Justice himself, the Court ordered the release of a
detainee who had been imprisoned at the Manila It is founded upon a universal recognition that a
City Jail for almost two years but had not yet been competent, independent and impartial judiciary is
arraigned. essential if the courts are to fulfill their role in
upholding constitutionalism and the rule of law;
In the case of Republic, et al. v. Judge Gingoyon and that public confidence in the judicial system and in
Philippine International Air Terminals Co., Inc., G.R. the moral authority and integrity of the judiciary is
No. 166429, February 1, 2006, the Court upheld of utmost importance in a modern democratic
PIATCO’s right to be paid Php300 billion before the society; and that it is essential that judges,
Government can take over the Ninoy Aquino individually and collectively, respect and honor
International Airport Passenger Terminal III judicial office as a public trust and strive to enhance
facilities. and maintain confidence in the judicial system.
Applicability
Rule 1.02, Canon 1
This code applies suppletorily to the Bangalore
A judge should administer justice
Draft.
impartially and without delay.
CANON 1
A JUDGE SHOULD UPHOLD THE INTEGRITY Rule 1.03, Canon 1
AND INDEPENDENCE OF THE JUDICIARY. A judge should be vigilant against any
attempt to subvert the independence of the
judiciary and resist any pressure from
Rule 1.01, Canon 1 whatever source.
A judge should be the embodiment of
competence, integrity and independence.
CANON 2
A JUDGE SHOULD AVOID IMPROPRIETY AND
Q: A complaint was filed against Judge Grageda THE APPEARANCE OF IMPROPRIETY IN ALL
for the delay in the resolution of motions ACTIVITES.
relative a civil case. Plaintiff Angelia averred
that the case was filed way back on August 8,
2001. After numerous postponements, pre-trial Rule 2.01, Canon 2
was finally set on December 6, 2007. On A judge should so behave at all times as to
December 20, 2007, counsel for complainant promote public confidence in the integrity
received an order dated December 6, 2007 and impartiality of the judiciary.
dismissing the case for failure to prosecute. On
December 28, 2007, Angelia filed a motion for Q: Judge Canoy was charged with several counts
reconsideration reasoning out that the failure to of gross ignorance of the law and/or procedures,
prosecute could not be attributed to him. On July grave abuse of authority, and appearance of
28, 2008, he filed his Urgent Motion for the Early impropriety (CJC, Canon 2) for granting bail to
Resolution of said December 2007 Motion for Melgazo, the accused in a criminal case, without
Reconsideration. He claimed that despite the any application or petition for the grant of bail
lapse of a considerably long period of time, no filed before his court or any court. He verbally
action was taken by Judge Grageda. Is ordered the branch clerk of court to accept the
respondent Judge Gragela GUILTY of undue cash deposit as bail, to earmark an official
delay in resolving a motion in violation of Rule
UNIVERSITY OF SANTO TOMAS
137 FACULTY OF CIVIL LAW
JUDICIAL ETHICS
receipt for the cash deposit, and to date it the National Building Code and certain
following day. He did not require Melgazo to sign environmental laws. An administrative
a written undertaking containing the conditions complaint was filed against the judge for
of the bail under Sec. 2, Rule 114 to be complied violation of the New Code of Judicial Conduct on
with by Melgazo. Thus, Judge Canoy ordered the the ground that by using the letter head
police escorts to release Melgazo without any indicating his position as the Presiding Judge he
written order of release. Should respondent was trying to use the prestige of his judicial
Judge Canoy be held administratively liable for office for his own personal interest. Is the judge
violating Supreme Court rules, directives and liable?
circulars under Sec. 9, Rule 140, RRC (as
amended by A.M. No. 01-8-10-SC)? A: Yes. While the use of the title is an official
designation as well as an honor that an incumbent
A: Yes. Granting of bail without any application or has earned, a line still has to be drawn based on the
petition to grant bail is a clear deviation from the circumstances of the use of the appellation. While
procedure laid down in Sec. 17 of Rule 114. As the title can be used for social and other
regards the insistence of Judge Canoy that such may identification purposes, it cannot be used with the
be considered as “constructive bail,” there is no such intent to use the prestige of his judicial office to
species of bail under the Rules. Despite the noblest gainfully advance his personal, family or other
of reasons, the Rules of Court may not be ignored at pecuniary interests. Nor can the prestige of a
will and at random to the prejudice of the rights of judicial office be used or lent to advance the private
another. Rules of procedure are intended to ensure interests of others, or to convey or permit others to
the orderly administration of justice and the convey the impression that they are in a special
protection of substantive rights in judicial and position to influence the judge. To do any of these is
extrajudicial proceedings. In this case, the reason of to cross into the prohibited field of impropriety
Judge Canoy is hardly persuasive enough to (Belen v. Belen, A.M. No. RTJ-08-2139, August 9,
disregard the Rules (Pantilo III v. Canoy, A.M. No. 2010).
RTJ-11-2262, February 9, 2011)
Rule 2.04, Canon 2
Rule 2.02, Canon 2 A judge should refrain from influencing in
A judge should not seek publicity for any manner the outcome of litigation or
personal vainglory. dispute pending before another court or
administrative agency.
Q: How would you characterize the relationship Q: A complaint against Judge Villanueva was
between the judge and a lawyer? Explain. (1996 filed due to "gross inefficiency, deliberate
Bar Question) violation of Supreme Court guidelines, giving
undue consideration to a party-litigant, grave
A: The Code of Professional Responsibility requires abuse of authority, and ignorance of the law,"
lawyers to observe and maintain respect for judicial delaying the issuance of the writ of execution,
officers (Canon 11, CPR). On the other hand, the and setting it for hearing three weeks from the
Code of Judicial Conduct requires judges to be date of filing thereof. The Judge explained that
patient, attentive and courteous to lawyers (Rule
3.03, CJC). In a word, lawyers and judges owe each
other mutual respect and courtesy.
A: Yes, the judge failed in his duty to dispose the Rule 3.11, Canon 3
case in a prompt and expeditious manner. Rather, A judge should appoint commissioners,
he has wittingly delayed the execution of the receivers, trustees, guardians,
judgment to which the complainant was entitled. administrators and others strictly on the
There appears to be no cogent reason why a simple basis of merit and qualifications, avoiding
motion for execution should be set for hearing some nepotism, and favoritism. Unless otherwise
three weeks from the date of filing thereof; and, allowed by law, the same criteria should be
postponed further at defendant's instance (Rosauro observed in recommending appointment of
v. Judge Villanueva Jr., A.M. No. RTJ-99-1433, June 26, court personnel. Where the payment of
2000). compensation is allowed, it should be
reasonable and commensurate with the
fair value of services rendered.
Rule 3.06, Canon 3
While a judge may, to promote justice,
prevent waste of time or clear up some DISQUALIFICATION
obscurity, properly intervene in the Rule 3.12, Canon 3
presentation of evidence during the trial, it A judge should take no part in a proceeding
should always be borne in mind that undue where the judge’s impartiality might
interference may prevent the proper reasonably be questioned.
presentation of the cause or the These cases include among others,
ascertainment of truth. proceedings where:
a. The judge has personal knowledge of
disputed evidentiary facts concerning
Rule 3.07, Canon 3 the proceeding;
A judge should abstain from making public b. The judge served as executor,
comments on any pending or impending case administrator, guardian, trustee or
and should require similar restraint on the lawyer in the case or matter in
part of court personnel. controversy, or a former associate of
the judge served as counsel during
their association, or the judge or
ADMINISTRATIVE RESPONSIBILITIES lawyer was a material witness therein;
c. The judge’s ruling in a lower court is
the subject of review;
Rule 3.08, Canon 3 d. The judge is related by
A judge should diligently discharge consanguinity or affinity to a party
administrative responsibilities, maintain litigant within the sixth degree or to
professional competence in court counsel within the fourth degree;
management, and facilitate the e. The judge knows the judge’s spouse
performance of the administrative or child has a financial interest, as
functions or other judges and court heir, legatee, creditor, fiduciary, or
personnel. otherwise, in the subject matter in
controversy or in a party to the
proceeding,
f. Any other interest that could be
Rule 3.09, Canon 3
substantially affected by the outcome
A judge should organize and supervise
of the proceeding.
the court personnel to ensure the prompt
and efficient dispatch of business, and
In every instance, the judge shall indicate
require at all times the observance of
the legal reason for inhibition.
high standards of public service and
fidelity.
1. An officer
2. Director
3. Manager
NOTE: The treatment of independence as a single A: Yes. A judge must decide a case based on its
Canon is the primary difference between the new merits. For this reason, a judge is expected to be
Canon 1 and the Canon 1 of the 1989 Code. fearless in the pursuit to render justice, to be
unafraid to displease any person, interest or power,
Section 1, Canon 1, NCJC and to be equipped with a moral fiber strong enough
Judges shall exercise the judicial function to resist temptation lurking in her office. Here, it is
independently on the basis of their assessment improper for a judge to have decided a case based
of the facts and in accordance with a only on a directive from a government official and
conscientious understanding of the law, free of not on the judge’s own ascertainment of facts and
any extraneous influence, inducement, applicable law (Ramirez v. Corpuz-Macandog, A.M.
pressure, threat or interference, direct or No. R-351-RTJ, September 26, 1986).
indirect, from any quarter or for any reason.
Q: Mayor C was shot by B, the bodyguard of
Mayor D, inside the court room of Judge Dabalos.
Judges should inspire public confidence in the Consequently, an information with no bail
judiciary which can be attained only if judges are recommendation was filed against B and D. The
perceived by the public to be fair, honest, murder case was then scheduled for raffle but
competent, principled, dignified and honorable. before the scheduled date, the son of Mayor C
Accordingly, the first duty of judges is to conduct together with their counsel, Atty. Libarios, and
other sympathizers staged a rally demanding
immediate arrest of the accused. Judge Dabalos judicial bodies is required for more than just
then issued an order without prior hearing propriety.
directing the issuance of a warrant of arrest
against the accused. Did the judge commit an act Any attempt, whether successful or not, to
of misconduct? influence the decision-making process of another
judge, especially one who is of lower rank and over
A: Yes. The judge should not issue warrant of arrest whom a judge exercises supervisory authority
without personally evaluating the resolution of the constitutes serious misconduct.
prosecutor and its supporting evidence to establish
judicial probable cause (Sec.6, Rule 112, RRC). A NOTE: If the consultation is purely on an academic
judge in every case should endeavor diligently to or hypothetical basis, and the judge does not
ascertain the facts and the applicable law unswayed surrender his or her independent decision making,
by partisan or personal interests, public opinion or there can be no breach of Sections 2 and 3 of Canon
fear of criticism. Here, the judge should not have 1 of the New Code.
allowed himself to be swayed into issuing a warrant
of arrest (Libarios v. Dabalos A.M. No.RTJ-89-286, Q: A Judge of the RTC wrote a letter to the judge
July 11, 1991). of the lower court, seeking to influence him to
hear the case and even intimating that he issue
Sec. 2, Canon 1, NCJC an order of acquittal. Is it proper?
In performing judicial duties, judges shall be
independent from judicial colleagues in A: No, the Supreme Court ruled that a judge who
respect of decisions which the judge is obliged tries to influence the outcome of a case pending
to make independently. before another court not only subverts the
independence of the judiciary but also undermines
the people’s faith in its integrity and impartiality.
Degree of independence The interference in this decision-making process of
another judge is a breach of conduct so serious as to
The highest degree of independence is required of justify dismissal from service based only on
judges. He must be independent in decision-making. preponderance of evidence (Sabitsana Jr. vs.
He cannot consult with staff and court officials. Villamor, A.M. No. 90-474, October 4 1991).
However, he can ask colleagues purely academic or
hypothetical questions but not to the extent of Sec. 4, Canon 1, NCJC
asking them to decide a case. Judges shall not allow family, social, or other
relationships to influence judicial conduct or
Every judge must decide independently, even in judgment.
collegial court. While there may be discussions and
exchange of ideas among judges, the judge must The prestige of judicial office shall not be used
decide on the basis of his own, sole, judgment (Funa, or lent to advance the private interests of
2009). others, nor convey or permit others to convey
the impression that they are in a special
NOTE: It is every judge’s duty to respect the position to influence the judge.
individual independence of fellow judges.
Sec. 7, Canon 1, NCJC By the very nature of the bench, judges, more than
Judges shall encourage and uphold the average man, are required to observe an
safeguards for the discharge of judicial duties exacting standard of morality and decency. The
in order to maintain and enhance the character of a judge is perceived by the people not
institutional and operational independence only through his official acts but also through his
of the judiciary. private morals as reflected in his external behavior.
It is therefore paramount that a judge’s personal
behavior both in the performance of his duties and
Sec. 8, Canon 1, NCJC his daily life, be free from the appearance of
Judges shall exhibit and promote high impropriety as to be beyond reproach (De la Cruz v.
standards of judicial conduct in order to Judge Bersamira, A.M. No. RTJ-00-1567. January 19,
reinforce public confidence in the 2001).
judiciary, which is fundamental to the
maintenance of judicial independence In the judiciary, moral integrity is more than a
cardinal virtue, it is a necessity (Pascual v. Bonifacio,
AM No. RTJ-01-1625, Mar. 10, 2003). Judges must be
Sections 7 and 8 of Canon 1 are intended to serve as models of uprightness, fairness and honesty (Rural
catch-all provisions for all other acts that would Bank of Barotac Nuevo, Inc v. Cartagena, A.M. No.
guarantee the independence of the judiciary. 707-MJ, July 21, 1978).
There can be no sure guarantee of judicial NOTE: Under the 1989 Code, the values of
independence than the character of those appointed INTEGRITY and INDEPENDENCE were grouped
to the Bench. together, but the New Code of Judicial Conduct
separated them to emphasize the need to maintain
Judges must remain conscious of their character and a life of PERSONAL and PROFESSIONAL INTEGRITY
reputation as judges and should avoid anything in order to properly carry out their judicial
which will not dignify their public positions and functions.
demean the institution to which they belong, in
whatever atmosphere or environment they may Presumption regarding judges
happen to be.
Judges are presumed honest and men of integrity,
INTEGRITY unless proven otherwise.
A judge should act with integrity and behave with The maintenance of the court’s integrity is not the
integrity at all times so as to promote public sole duty of the judge. It is also the duty of court
confidence in the integrity of the judiciary. personnel to see to it that its integrity is
unblemished.
Integrity is required not only in the discharge of
judicial duties but also to the personal NOTE: A judge’s personal behavior, both in the
demeanor of judges performance of his duties and in his daily life, must
be free from any appearance of impropriety as to be
Integrity is essential not only to the proper beyond reproach.
discharge of the judicial office but also to the
personal demeanor of judges. The integrity of the Q: Justice B of the CA was a former RTC Judge. A
judiciary rests not only upon the fact that it is able case which he heard as a trial judge was raffled
to administer justice but also upon the perception off to him. The appellant sought his
and confidence of the community that people who disqualification from the case but he refused on
run the system have done justice. Justice must not the ground that he was not the judge who
be merely done but must also be seen to be done decided the case as he was already promoted to
(Panaligan v. Judge Ibay, A.M. No. TJ-06-1972, June the appellate court before he could decide the
21, 2006). case. Was the refusal of Justice B to recuse from
free to use whatever sources they deem people's confidence in the judiciary. They are,
appropriate to resolve the matter before them, therefore, expected to act and behave in a manner
without fear of reprisal. This exemption applies to that should uphold the honor and dignity of the
judicial writings intended to decide cases for two judiciary, if only to maintain the people’s confidence
reasons: the judge is not writing a literary work in the judiciary (Guerrero v.Ong, A.M. No. P-09-2676,
and, more importantly, the purpose of the writing December 16, 2009).
is to resolve a dispute. As a result, judges
adjudicating cases are not subject to a claim of legal Q: While Judge Tuparin was in his chambers
plagiarism. dictating an order to a stenographer, two
lawyers who were in the courtroom waiting for
Sec. 3, Canon 2, NCJC the start of the session almost came to blows as
Judges should take or initiate appropriate a result of a heated argument. Tuparin came out
disciplinary measures against lawyers or of his chambers and after identifying the
court personnel for unprofessional conduct lawyers involved in the commotion promptly
of which the judge may have become aware. declared them in contempt of court. Was the
action of Judge Tuparin proper?
A judge may summarily punish any person including A: No. The act committed by the two lawyers was
lawyers and court personnel, for direct contempt for indirect contempt violative of the rule punishing
misbehavior committed in the presence of or so “any improper conduct tending directly or
near a court or a judge as to obstruct or interrupt indirectly, to impede, obstruct, or degrade the
the proceedings before the same (Rule 71, RRC). administration of justice”, since the judge was then
engaged in dictating an order before the morning
He may also punish any person for indirect contempt session was called. The act of the two lawyers
after appropriate charge and hearing, for acts constituted obstruction of the administration of
enumerated under Section 3, Rule 71 of the Rules of justice, which was indirect contempt. Accordingly,
Court. they could only be punished after notice and
hearing.
Judge’s duty with respect to court employees
Q: A complaint against Judge Melo was filed for
A judge should constantly keep a watchful eye on violating the NCJC and for gross ignorance of the
the conduct of his employees. His constant scrutiny law. It was alleged that he solemnized marriages
of the behavior of his employees would deter any without the required marriage license. He
abuse on the part of the latter in the exercise of their instead notarized affidavits of cohabitation and
duties (Buenaventura v. Benedicto, A.C. No. 137-5, issued them to the contracting parties. He
March 27, 1971). notarized these affidavits on the day of the
parties’ marriage. It was argued that affidavits of
A judge cannot dismiss court personnel. The power cohabitation are not connected with a judge’s
to dismiss a court employee is vested in the official functions and duties as solemnizing
Supreme Court (Dailay-Papa v. Almora, A.M. Nos. officer. Will the complaint prosper?
543-MC and 1525-MJ, December 19, 1981).
A: Yes. Judge Melo notarized affidavits of
NOTE: Judges should not be lenient in the cohabitation, which were documents not connected
administrative supervision of employees. As an with the exercise of his official functions and duties
administrator, the judge must ensure that all court as solemnizing officer. He also notarized affidavits
personnel perform efficiently and promptly in the of cohabitation without certifying that lawyers or
administration of justice (Ramirez v. Corpuz- notaries public were lacking in his court’s territorial
Macandog, A.M. No. R-351-RTJ, September 26, 1986). jurisdiction, thus he violated Circular No. 1–90.
Further, Judge Melo violated NCJC provisions on
All court personnel, from the lowliest employees to integrity since it is well-settled that if the law
the clerks of court, are involved in the dispensation involved is basic, ignorance constitutes “lack of
of justice like judges and justices, and parties integrity.” Violating basic legal principles and
seeking redress from the courts for grievances look procedure nine times is gross ignorance of the law
upon them also as part of the judiciary. In (Tupal vs. Judge Rojo, A.M. No. MTJ–14–1842,
performing their duties and responsibilities, court February 24, 2014).
personnel serve as sentinels of justice, that any act
of impropriety they commit immeasurably affects IMPARTIALITY
the honor and dignity of the judiciary and the
It is the duty of all judges not only to be impartial A: No. Judge Dicdican cannot be charged with bias
but also to appear impartial. A judge must exercise and partiality, merely on the basis of his decision
prudence and restraint and should reserve personal not to grant a motion for a preliminary hearing.
views and predilections to himself so as not to stir Allegations and perceptions of bias from the mere
up suspicions of bias and unfairness. tenor and language of a judge are insufficient to
show pre-judgment. Moreover, as long as opinions
Degree of proof required to prove bias on the formed in the course of judicial proceedings are
part of the judge based on the evidence presented and the conduct
observed by the judge, such opinion – even if later
The complainant must prove the same by clear and found to be erroneous on appeal or made with grave
convincing evidence since allegations of bias are abuse of discretion on certiorari –will not
quite serious. Mere allegations are not sufficient to necessarily prove personal bias or prejudice on the
constitute a violation of the rule. Bias and prejudice part of the judge. To allow inhibition for such reason
cannot be presumed and mere suspicion of would open floodgates to abuse. Here, the denial of
partiality is not enough. the motion to hear affirmative defenses is based on
the Rules of Court which provides that preliminary
Q: A filed an action for specific performance with hearing of defenses is discretionary, hence, the
the RTC of Quezon City, presided by Judge judge cannot be charged with partiality on the basis
Santiago, against X Corporation asking for the of such decision (Gochan v. Gochan,G.R. No. 143089,
delivery of the title of 1 subdivision lot in February 27, 2003).
Batangas which lot was given to him in payment
Reason for the rule 1. The motion to inhibit must be denied if filed
after a member of the court had already
This section warns judges against making any rendered his opinion on the merits of the case.
comment that might reasonably be expected to Here, the motion was filed after Justice Carpio
affect the outcome of the proceedings before them; had already rendered a decision;
or those that the judge may later decide but not yet 2. The ratio decidendi of the decision was not
before him; or "impair the manifest fairness of the based on his statements on the column. Here,
process.” the decision was based on constitutional
grounds and not in the absence of public
A judge’s language, both written and spoken, must bidding; and
be guarded and measured, lest the best of intentions 3. Judges and justices are not disqualified from
be misconstrued (Fecundo v. Berjamen, G.R. No. participating in a case just because they have
88105, December 18, 1989). written legal articles on the law involved in the
Q: After the pre-trial of a civil case for replevin, case (Chavez v. PEA, G.R. No. 133250, May 6,
Judge D advised B’s counsel to settle the case 2003).
because according to Judge D, his initial
assessment of the case shows that B’s evidence No absolute prohibition against judges from
is weak. making comments
a. Did Judge D commit an act of impropriety? Not all comments are impermissible. Judges may
Explain express their open-mindedness regarding a
b. What remedy or remedies may be taken by pending issue in cases where the judges’ comments
B’s lawyer against Judge D? Discuss Fully. do not necessarily favor one side over the other.
(2014 Bar Question)
However, judges should avoid side remarks, hasty
A: conclusions, loose statements or gratuitous
a. Yes, Judge D violated Canon 3, Impartiality, New utterances that suggest they are prejudging a case.
Code of Judicial Conduct for the Philippine Judges should be aware that the media might
Judiciary. He should not make any comment consider them a good and credible source of
that might reasonably be expected the effect the opinion or ideas, and, therefore, should refrain from
outcome of the proceedings or impair the making any comment on a pending case. There is
manifest fairness of the process. danger not only of being misquoted, but also of
compromising the rights of the litigants in the case.
b. B's lawyer can file a motion for the Sec. 5, Canon 3, NCJC
disqualification of the judge under Canon 3 for Judges shall disqualify themselves from
bias or prejudice based on the appearance of participating in any proceeding in which
the comment to a reasonable observer. A pre- they are unable to decide the matter
trial is not yet the complete and exhaustive impartially or in which it may appear to a
presentation of evidence of the parties. reasonable observer that they are unable to
decide the matter impartially.
Q: Justice Antonio Carpio penned a decision
regarding the invalidity of the amended joint
venture agreement between Public Estates
Authority (PEA) and Amari Coastal Bay The phrase “any proceeding” includes, but is not
Development Corporation saying that the limited to instances where:
agreement is unconstitutional as PEA cannot
The judge has actual bias or prejudice concerning a prudent and circumspect and declined to take on
party or personal knowledge of disputed the case owing to his earlier involvement in the
evidentiary facts concerning the proceedings (Sec. case”. The Court has held that a judge should not
5(a), Canon 3, NCJC); handle a case in which he might be perceived,
rightly or wrongly, to be susceptible to bias and
The rule also requires disqualification if a judge has prejudice (Sandoval v. CA, G.R. No. 106657, August 1,
outside knowledge of disputed facts. To be a ground 1996).
for disqualification, the knowledge must have been
obtained extra-judicially like out-of-court The judge is related by consanguinity or affinity to
observations. This prohibition also disallows extra- a party litigant within the 6th civil degree or to
judicial research on the internet. counsel within the 4th civil degree (Sec. 5(f), Canon
3, NCJC);
The judge previously served as a lawyer or was a
material witness in the matter in controversy (Sec. NOTE: A preliminary injunction issued by a judge in
5(b), Canon 3, CJC); favor of his sister before inhibiting himself was
found reprehensible (Hurtado v. Judajena, G.R. No. L-
A judge may be disqualified if he was formerly 40603, July 13, 1978).
associated with one of the parties or their counsel.
No judge should preside in a case in which he is not
A judge who previously notarized the affidavit of a wholly free, disinterested, impartial and
person to be presented as a witness in a case before independent (Garcia v. De La Pena. A.M.No.MTJ-92-
him shall be disqualified from proceeding with the 637, February 9, 1994).
case.
The judge knows that his or her spouse or child
The judge, or a member of his or her family, has an has a financial interest as heir, legatee, creditor,
economic interest in the outcome of the matter in fiduciary or otherwise, in the subject matter in
controversy (NCJC, Sec. 5 (c), Canon 3); controversy or in a party to the proceeding, or any
other interest that could be substantially affected
A municipal judge who filed complaints in his own by the outcome of the proceedings (Sec. (g), Canon
court for robbery and malicious mischief against a 3, NCJC).
party for the purpose of protecting the property
interests of the judge’s co-heirs, and then issued This rule is intended to ensure judges’ impartiality
warrants of arrest against the party, was found by preventing situations in which a judge must
guilty of serious misconduct and ordered dismissed consider familial interests in the conflicts before
from the bench before he was able to rescue himself him or her. If the public is aware of a family
(Oktubre v. Velasco A.M. No. MTJ-02-02-1444, July 20, member’s financial interest, the public may
2004). question the judge’s impartiality.
The judge served as executor, administrator, Q: When Atty. Rojas was appointed as a judge, he
guardian, trustee or lawyer in the case or matter inherited a criminal case in which he acted as
in controversy, or a former associate of the judge prosecutor. He explained that his delay in
served as counsel during their association, or the inhibiting himself from presiding on that case
judge or lawyer was a material witness therein was because it was only after the belated
(Sec. 5(d), Canon 3, NCJC); transcription of the stenographic notes that he
remembered that he handled that case. He also
said that the counsels did not object and he
The restriction extends to judges who served as never held “full-blown” hearings anyway.
lawyers in closely related cases. Should Judge Rojas be reprimanded?
The judge’s ruling in a lower court is the subject of A: Yes. The Rules of Court prevents judges from
review (Sec. 5(e), Canon 3, NCJC); trying cases where they acted as counsel “without”
the consent of the parties. This prevents not only a
An associate justice of the Court of Appeals refused conflict of interest but also the appearance of
to inhibit himself from reviewing the decision in a impropriety on the part of the judge. Here, the judge
case which he had partially heard as a trial judge should not have taken part in the proceeding as his
prior to his promotion, on the ground that the impartiality will naturally be questioned
decision was not written by him. The Supreme considering that he previously handled the case as
Court upheld his refusal, but nevertheless prosecutor. He should administer justice
commented that he "should have been more impartially & without delay. The prohibition does
DISQUALIFICATION INHIBITION
There are specific The rule only provides
grounds enumerated broad basis for
under the rules of inhibition.
court for
disqualification.
The right of a party to seek the inhibition or disqualification or inhibition is discretionary upon
disqualification of a judge who does not appear to the judge on the basis of his conscience.
be wholly free, disinterested, impartial and
independent in handling the case must be balanced This leaves the discretion to the judge to decide for
with the latter’s sacred duty to decide cases without himself questions as to whether he will desist from
fear of repression. Thus, it was incumbent upon a sitting in a case for other just and valid reasons with
lawyer to establish by clear and convincing only his conscience to guide him, unless he cannot
evidence the ground of bias and prejudice in order discern for himself his inability to meet the test of
to disqualify a Judge from participating in a cold neutrality required of him, in which event the
particular trial (Presiding Judge Madrid v. Atty. appellate court will see to it that he disqualifies
Dealca, A.C. No. 7474, September 09, 2014). himself.
Grounds for mandatory disqualification A decision to disqualify himself is not conclusive and
his competency may be determined on application
1. When he, or his wife, or child is pecuniarily for mandamus to compel him to act. A judge’s
interested as heir, legatee, creditor, or decision to continue hearing a case in which he is
otherwise; not legally prohibited from trying notwithstanding
2. When he is related to either party within the 6th challenge to his objectivity may not constitute
degree of consanguinity or affinity or to reversible error.
counsel within the 4th civil degree;
3. When he has been an executor, guardian, The filing of an administrative case against a judge
administrator, trustee, or counsel; or does not automatically disqualify him from sitting in
4. When he has presided in an inferior court a case. It must be shown that there are other acts or
where his ruling or decision is subject to conducts by the judge which constitute a ground for
review, without the written consent of the his disqualification.
parties (Rule 137, RRC).
A judge may by mandamus be compelled to act on
Q: In a verified complaint, Kathy said that Judge questions regarding his disqualification from sitting
Florante decided a petition for correction of in a case.
entry involving the birth record of her grandson,
Joshua, who happened to be child of Judge Q: Judge Clint Braso is hearing a case between
Florante’s daughter, Pilita. Judge Florante Mr. Timothy and Khristopher Company, a
insisted that he committed no wrong since the company where his wife used to work as one of
proceeding was non-adversarial and since it its Junior Executives for several years. Doubting
merely sought to correct an erroneous entry in the impartiality of the Judge, Mr. Timothy filed a
the child’s birth certificate. Is Judge Florante motion to inhibit Judge Clint Braso. Judge Clint
liable? (2011 Bar Question) Braso refused on the ground that his wife has
long resigned from the company. Decide. (2014
A: Yes, because Florante breached the rule on Bar Question)
mandatory disqualification. Sec. 5, Canon 3 provides
that: “Judges shall disqualify themselves from A: The matter of inhibition is addressed to the
participating in any proceedings in which they are judicious discretion of the judge; hence, only he can
unable to decide the matter impartially or in which examine is his conscience if he can answer to the call
it may appear to a reasonable observer that they are of cold neutrality.
unable to decide the matter impartially. Such
proceedings include, but are not limited to instances Time to file the petition to disqualify a judge
where: “xx 6. The judge is related by consanguinity or
affinity to a party litigant within the 6th civil degree It must be filed before rendition of the judgment,
or to counsel within the fourth civil degree.” This is and cannot be raised on appeal. Otherwise, the
considered as a MANDATORY INHIBITION. Strict parties are deemed to have waived any objection
compliance with the rules on disqualification is regarding the impartiality of the judge.
required.
Q: Judge Nacy personally witnessed a vehicular
Voluntary inhibition of a judge accident near his house. Later, the Reckless
Imprudence case was raffled to his sala. Is there
The judge may in his discretion inhibit himself, for a valid ground for his inhibition? (2012 Bar
just and valid reasons other than the grounds for Question)
mandatory disqualification. The rule on voluntary
A: Yes, under Canon 3, Sec. 5 (a), a judge should
A: Yes, because he effectively deprived the defense NOTE: The judge’s act in riding in defendant’s car
of its right to due process when he acted both as deserves the stern probation of the Court. By such
prosecutor and judge. act, he openly exposed himself and the office he
holds to suspicion, thus impairing the trust and faith
Q: Judge A accepted a gift consisting of assorted of the people in the administration of justice. A
canned goods other grocery items from his judge’s official conduct should be free from the
compadre whose friend has a pending case with appearance of impropriety and his personal
him. He accepted the gift just so as not to conduct and behavior should be beyond reproach
embarrass his compadre. When his compadre (Spouses Cabreana v. Avelino A.M. No. 1733 CFI,
left his chambers, he asked his secretary to September 30, 1981).
donate the gift he received to the victims of
Typhoon Yolanda. Did the judge cross the ethical Q: Judge Duque of the RTC was charged with
line? Explain your answer. (2014 Bar Question) Impropriety, Corruption and Gross Misconduct.
Reyes alleged that she was a party-in-
A: Judge A crossed the ethical line. He violated the intervention in Land Registration filed by the
canon of Propriety. As a subject of public scrutiny, Philippine Savings Bank against the spouses
judges must accept personal restrictions that might Choi. In a Decision, Judge Duque granted the
be viewed as burdensome by ordinary citizens and motion for the issuance of a writ of possession in
should do so freely and voluntarily (Sec. 1, Canon 4, favor of the bank. At the hearing, Atty. Ubana,
NCJC). the lawyer of Reyes, introduced her to Judge
Duque who allegedly gave Reyes 30 days to
Examples of acts of a judge which are not illegal settle matters with the bank. She was unable to
but will constitute a violation of this rule re-negotiate with the bank. Reyes then allegedly
received a phone call from Judge Duque and he
1. The act of a judge of hearing cases on a day instructed Reyes to go “to his house and bring
when he is supposed to be on official leave (Re: some money in order that he can deny the
Anonymous complaint Against Judge Edmund pending motion to break open.” When she
Acuña, A.M. No. RTJ-04-1891, July 28, 2005). already had the money, she went to his house
2. Photograph showing the judge and a where Judge Duque demanded the money from
subordinate coming out of a hotel together even her.
if there was no clear evidence of sexual
congress between them is enough to give rise to Another incident happened, whereby Reyes
the appearance of impropriety that the code went to the house of Judge Duque for the
strongly warns against (Liwanag v. Lustre, A.M. payment of a sum of money. Judge Duque
No. MTJ-98-1168, April 21 1999). allegedly scolded her for not bringing the whole
3. Joking remark made by a judge to a litigant amount. Judge Duque then locked the main door
suggesting that the litigant prove he harbored of his house and asked Reyes to step into his
no ill feelings towards the judge (Co v. Plata, office. Judge Duque held the waist of Reyes,
A.M. No. MTJ-03-1501, March 14, 2005). embraced and kissed her. Reyes tried to struggle
and free herself. Judge Duque raised her skirt,
Q: During the hearing of an election protest filed opened her blouse and sucked her breasts. He
by the brother of Judge Dojillo, the latter sat touched her private parts and attempted to have
beside the counsel of his brother allegedly to sexual intercourse with Reyes. Reyes shouted
for help but the TV was too loud. As a desperate
would seem harmless and inoffensive had this act Sec. 3, Canon 4, NCJC
been done by an ordinary member of the public. As Judges shall, in their personal relations
the visible personification of law and justice, with individual members of the legal
however, judges are held to higher standards of profession who practice regularly in their
conduct and, thus, must accordingly comport court, avoid situations which might
themselves (Lorenzana vs. Judge Austria, A.M. No. reasonably give rise to the suspicion or
RTJ-09-2200, April 2, 2014). appearance of favoritism or partiality.
NOTE: NCJC does not prohibit a judge from joining
or maintaining an account in a social networking This section is directed at bolstering the principle of
sites. Section 6, Canon 4 of the New Code of Judicial cold neutrality of an impartial judge as it requires
Conduct recognizes that judges, like any other judges to scrupulously guard against any act that
citizen, are entitled to freedom of expression. may be construed as an expression of bias in favor
However, the same provision also imposes a of a litigant.
correlative restriction on judges: in the exercise of
their freedom of expression, they should always NOTE: Constant company with a lawyer tends to
conduct themselves in a manner that preserves the breed intimacy and camaraderie to the point that
dignity of the judicial office and the impartiality and favors in the future may be asked from the judge
independence of the Judiciary (Ibid.). which he may find hard to resist. If a judge is seen
eating and drinking in public places with a lawyer
Q: An anonymous letter called on the Court to who has cases pending in his or her sala, public
look into the morality of respondent Judge suspicion may be aroused, thus tending to erode the
Achas and alleged that: (1) it is of public trust of litigants in the impartiality of the judge
knowledge in the city that Judge Achas is living (Padilla v. Zantua, G.R. No. 110990, October 23,
scandalously with a woman who is not his wife; 1994).
(2) he lives beyond his means; (3) he is involved
with illegal activities ( 4) he comes to court very Q: Complainant Prosecutor filed an
untidy and dirty; (5) he decides his cases administrative complaint against the
unfairly in exchange for material and monetary Sandiganbayan Justices for grave misconduct,
consideration; and (6) he is involved with conduct unbecoming a justice, and conduct
cockfighting/gambling. Judge Achas denied all grossly prejudicial to the interest of the service.
the charges but admitted that he was married Allegedly, during a hearing, Justice Ong uttered
and only separated de facto from his legal wife words like “We are playing Gods here, we will do
for 26 years, and that he reared game cocks for what we want to do, your contempt is already out,
leisure and extra income, having inherited such we fined you eighteen thousand pesos, even if you
from his forefathers. Should Judge Achas be will appeal, by that time I will be there, Justice of
disciplined? the Supreme Court.” Also, he often asked lawyers
from which law schools they had graduated, and
A: Yes. The investigation revealed that the frequently inquired whether the law school in
respondent judge found for himself a suitable young which Justice Hernandez had studied and from
lass whom he occasionally goes out with in public which he had graduated was better than his
and such a fact is not a secret around town. It is not (Justice Ong’s) own alma mater. The
commendable, proper or moral for a judge to be complainant opined that the query was
perceived as going out with a woman not his wife. manifestly intended to emphasize that the San
Such is a blemish to his integrity and propriety, as Beda College of Law, the alma mater of Justice
well as to that of the judiciary. While rearing fighting Ong, and the UP College of Law, that of Justice
cocks is not illegal, Judge Achas should avoid Hernandez, were the best law schools. On
mingling with a crowd of cockfighting enthusiasts another occasion in that hearing in Cebu City,
and bettors as it undoubtedly impairs the respect Justice Hernandez discourteously shouted at
due him. As a judge, he must impose upon himself Prosecutor HazelinaTujan-Militante, who was
personal restrictions that might be viewed as then observing trial from the gallery and said
burdensome by the ordinary citizen and should do “You are better than Director Somido? Are you
so freely and willingly (Anonymous v.Achas, A.M. No. better than Director Chua? Are you here to
MTJ-11-1801, February 27, 2013). supervise Somido? Your office is wasting funds
for one prosecutor who is doing nothing”. Finally,
Justice Hernandez berated Atty. Pangalangan,
the father of former UP Law Dean Raul
Pangalangan, and uttered words such as “Just
because your son is always nominated by the JBC
Sec. 8, Canon 4, NCJC which may tend to corrode the respect and dignity
Judges shall not use or lend the prestige of of the court as bastion of justice. Here, the act of the
the judicial office to advance their private judge in using the court facilities to promote family
interests, or those of a member of their business is improper (Dionisio v. Escano, A.M. No.
family or of anyone else, nor shall they RTJ-98-1400, February 1, 1999).
convey or permit others to convey the
impression that anyone is in a special Ticket fixing
position improperly to influence them in the
performance of judicial duties. It is misconduct in which judges impermissibly take
advantage of their public position to avoid
punishment for traffic violations.
Prohibited acts by the rule
Sec. 9, Canon 4, NCJC
1. Judge’s act of using judicial office to advance Confidential information acquired by
private interests. judges in their judicial capacity shall not be
used or disclosed for any other purpose not
NOTE: An RTC judge took advantage of his related to their judicial duties.
position, by filing in the Makati court a
collection case in which he and his wife were
the complainants. The Court ruled that although Court records or judicial records
a stipulation in the contract gave the judge, as
creditor, choice of venue, the judge had Court records do not only refer to the orders,
nonetheless fallen short of what is expected of judgments, or verdict of courts but comprise the
him as a judicial officer. This act of the judge official collection of all papers, exhibits, pleadings
would lead the public, and in particular the filed by the parties, all processes issued and returns
judge’s adversary, to suspect that the judge made thereon, appearances, and word-for-word
would use the choice of venue as a means to testimony which took place during the trial and
exert influence in favor of himself (Javier v. De which are in the possession, custody, or control of
Guzman, A.M. No. RTJ-89-380, December 19, the judiciary or the courts (Hilado v. Judge Reyes, G.R.
1990). No. 163155, July 21, 2006).
2. Judge’s act of giving impression that he can be Rationale: The prohibition will discourage, if not
influenced to use the judicial office to advance stop, judges from making business speculations in
the private interests of others. some business ventures, the secrets of which they
learned by reason of their position as judges.
NOTE: Another common violation of this rule is
using judicial power to exact personal Q: Judge Lilagam was charged with improper
vengeance. conduct for allowing his wife to have access to
court records. In his answer, the judge admitted
Q: Judge Escano was charged with allegedly that he requested his wife who was previously a
using court facilities (bulletin board) in legal researcher, to go over the records and
advertising for attractive waitresses and cooks pinpoint problem areas and to suggest
for employment in their restaurant business. He measures to rectify the same and to improve the
also allowed the use of the court address to system of case monitoring. Is the judge guilty of
receive applications as well as his office in improper conduct?
screening the applicants. The judge explained
that he merely wanted to give assistance to his A: Yes. Records of cases are necessarily
wife, and the posting of advertisements as well confidential, and to preserve their integrity and
as the conduct of screening in his office is the confidentiality, access thereto ought to be limited
most convenient way for him considering the only to the judge, the parties or their counsel and the
difficulty of locating the residence. Did the judge appropriate court personnel in charge of the
commit any unethical act? custody of said records. Here, since Mrs. Lilagam is
not a court employee specifically in charge of the
A: Yes. Judges shall not use or lend the prestige of custody of said records, the judge’s act of allowing
the judicial office to advance their private interests her to have access thereto is improper as such
for those of a member of a family. This is so to avoid would convey the impression that she is the one
possible interference which may be created by such who can influence the judge’s official function
business involvements in the exercise of their duties (Gordon v. Lilagam, A.M. No. RTJ-00-1564, July 26,
2001).
UNIVERSITY OF SANTO TOMAS
161 FACULTY OF CIVIL LAW
JUDICIAL ETHICS
The following, under Sec. 3[k] of R.A. 3019, and Judge cannot be a member of Provincial
under Art. 229 and 230 of the RPC, are violations of Committee on Justice
the rule which also constitute criminal offense:
Such membership would violate the constitutional
1. Divulging valuable information of a confidential provision on the discharge by members of the
character, acquired by his office or by him on judiciary of administrative functions in quasi-
account of his official position to unauthorized judicial or administrative agencies. This does not
persons, or releasing such information in mean, however, that judges should adopt an
advance of its authorized release date (R.A. attitude of monastic insensibility or unbecoming
3019, Sec. 3[k]). indifference to the Provincial/City Committee on
2. Revelation of secrets by an officer –Any public Justice. As incumbent judges, they form part of the
officer who shall reveal any secret known to structure of government. Even as non-members,
him by reason of his official capacity, or shall judges should render assistance to said committees
wrongfully deliver papers or copies of papers of to help promote the laudable purposes for which
which he may have charge and which should they exist, but only when such assistance may be
not be published, shall suffer imprisonment reasonably incidental to the fulfillment of their
(Art.229, RPC). judicial duties (In Re: Designation of Judge Rodolfo U.
3. Public officer revealing secrets of private Manzano, A.M. No. 88-7-1861-RTC, October 5, 1988).
individual –Any public officer to whom the
secrets of any private individual shall become NOTE: Under Sec. 10(c), Section 10, Canon 4, a judge
known by reason of his office who shall reveal may engage in private business without the written
such secrets, shall suffer the penalties of arresto permission of the Supreme Court (Borre v. Moya,
mayor and a fine (Art.230, RPC). A.M. No. 1765-CFI, October 17, 1980).
XPN: Unsolicited gifts or presents of small value NOTE: Judges should be mindful of the various
offered or given as a mere ordinary token of international instruments and treaties ratified by
gratitude or friendship according to local custom or the Philippines, which affirm the equality of all
usage (Section 14, RA 3019). human beings and establish a norm of non-
discrimination without distinction as to race, sex,
NOTE: Under Section 16 Article XI of the 1987 language, or religion. Judges should not yield to first
Constitution “No loan, guarantee or other form of impression, reach hasty conclusions or prejudge
financial accommodation for any business purpose matters. They have a duty to ensure that the
may be granted, directly or indirectly, by any minority status of a party plays no part in their
government-owned or controlled bank or financial decisions.
institution to members of the Supreme Court during
their tenure. Sec. 2, Canon 5, NCJC
Judges shall not, in the performance of
It is a serious misconduct for a judge to receive judicial duties, by words or conduct,
money from a litigant in the form of loans which he manifests bias or prejudice towards any
never intended to pay back. Even if the judge person or group on irrelevant grounds.
intends to pay, it is an act of impropriety to take a
loan from a party litigant. The judge could not be
wholly free from bias in deciding a case where his Magistrates of law must comport themselves at all
lender is a party. A judge should always strive to be times in such a manner that their conduct, can
free from suspicion and all forms of improprieties withstand the highest level of public scrutiny.
(Ompoc v. Judge Torres, A.M. No. MTJ-86-11,
September 27, 1989). Judges should avoid private remarks, hasty
conclusions, or distasteful jokes that may give even
NOTE: To ensure equality of treatment to all before erroneous impressions of prejudice and lead the
the courts is essential to the due performance of the public to believe that cases before them are being
judicial office. As the guardians of justice, courts prejudged.
must adhere to the principle of equality. People
expect the courts to be unaffected by differences in Sec. 3, Canon 5, NCJC
social status, degree of education and even physical Judges shall carry out judicial duties with
abilities. appropriate consideration for all persons,
such as the parties, witnesses, lawyers, court
EQUALITY staff and judicial colleagues, without
differentiation on any irrelevant ground,
CANON 5 immaterial to the proper performance of
ENSURING EQUALITY OF TREATMENT TO such duties.
ALL BEFORE THE COURTS IS ESSENTIAL TO
THE DUE PERFORMANCE OF THE JUDICIAL As arbiters of the law, judges should be
OFFICE. conscientious, studious, courteous, patient and
punctual in the discharge of their judicial duties,
recognizing that the time of litigants, witnesses and
Q: Judge Tormis made a comment in a certain Duties of judges under this section
case to the effect that the same should be
dismissed as the act complained of was already 1. To ensure that court personnel under their
decriminalized by a special law. Thereafter, supervision do not discriminate by dispensing
Judge Navarro, who previously handled the case special favors or disclosing confidential
before he was appointed as a judge, barged into information to any unauthorized person,
the office of Judge Tormis and told the staff that regardless of whether such information came
their judge did not know her law. Judge Tormis from authorized or unauthorized sources; and
then retaliated by saying that to her, the office of 2. To organize their courts to ensure the prompt
Judge Navarro did not exist. Are the judges guilty and convenient dispatch of business and should
of conduct unbecoming of a judge? not tolerate misconduct by clerks, sheriffs and
other assistants who are sometimes prone to
A: Yes. Judges, being dispensers of justice, should expect favors or special treatment due to their
not act in a way that would cast suspicion in order professional relationship with the judge.
to preserve faith in the administration of justice.
They should so behave to avoid poor public NOTE: All personnel involved in the dispensation of
impression on the judiciary. Here, the judges act of justice should conduct themselves with a high
fighting each other by uttering derogatory remarks degree of responsibility (Mataga v. Rosete, A.M.
against each other is a conduct unbecoming of a No.MTJ-03-1488, October 13, 2004).
judge for which they should be disciplined as their
fight has impaired the image of the judiciary Sec. 5, Canon 5, NCIC
(Navarro v. Tormis, A.M. No. MTJ-00-1337, April 27, Judges shall require lawyers in proceedings
2004). before the court to refrain from manifesting,
by words or conduct, bias or prejudice based
Q: Atty. Quinto was the defense counsel in a on irrelevant grounds, except such as are
criminal case. He alleged that during the legally relevant to an issue in proceedings
hearing, he manifested that he was waiving the and may be the subject of legitimate
presentation of evidence for the accused and advocacy.
Judge Vios then allegedly got angry, shouted and
scolded him, stating that the defense had no
right to waive the presentation of evidence. He Judges should conduct proceedings in court with
did not even listen to Atty. Quinto’s explanation dignity and in a manner that reflects the importance
and, thereafter, compelled the latter to and seriousness of proceedings. They should
withdraw his appearance as counsel of the maintain order and proper decorum in the court
accused, under pain of contempt. In the (Rule 3.03, Canon 3, 1989 Code of Judicial Conduct).
presence of the complainant, Judge Vios
appointed a counsel de oficio. May Judge Vios be Judges have the duty to prevent lawyers from
held administratively liable for compelling the abusing witnesses with unfair treatment.
lawyer to withdraw as counsel for the accused?
As courts are expected to ensure equality, any
A: Yes. A judge should avoid unconsciously falling lawyer who makes an insensitive or demeaning
into the attitude of mind that the litigants are made comment in court should be admonished.
for the courts, instead of the courts for the litigants.
Here, the judge should be held liable for misconduct Q: During the hearing of a case for statutory rape
when he threatened to punish complainant for filed against X, the lawyer was asking the 6-year-
contempt of court if he would refuse to withdraw his old victim to relate exactly and step by step the
appearance, as counsel for the accused, when the sexual intercourse between her and the
latter insisted on waiving the presentation of the accused. The lawyer was also asking questions
evidence for the defense (Atty. Quinto v. Judge Vios, whether at the time of the alleged rape, the
A.M. No. MTJ-04-1551, May 21, 2004). accused’s penis was hard, and whether at the
time they were caught, the accused was still
Sec. 4, Canon 5, NCJC pushing and pulling his penis inside her vagina.
Judges shall not knowingly permit court Should the judge allow such questions?
staff or others subject to his or her influence,
direction or control to differentiate between
persons concerned, in a matter before the
judge,Uon
NIVERSITY OF SANTO TOMAS
any irrelevant ground. 166
2016 GOLDEN NOTES
QUALITIES
A: No. The judge shall require lawyers to refrain court of that portion of the judgment imposing the
from making abusive and uncalled for queries. Here, penalty of imprisonment. In the performance of his
considering the fact that the victim of rape is a child duties, Judge Ramos failed to observe that diligence,
of tender years, there is more reason to require the prudence and circumspection which the law
lawyer to be tactful. No woman especially child of requires in the rendition of any public service. If
tender years would exactly remember step by step only Judge Ramos had exercised the requisite
the sexual intercourse in the hands of the maniacal thoroughness and caution, he would have noted not
beast. Hence, all the questions asked are excessive only the modification of the monetary awards by the
(People v. Boras, G.R. No. 127495, December 22, appellate court, but also the deletion of the penalty
2000). of imprisonment upon which the Warrant of Arrest
and Commitment to Final Sentence that he signed
COMPETENCE AND DILIGENCE was based (Bayaca v. Judge Ramos,A.M. No. MTJ-07-
1676, January 29, 2009).
CANON 6
COMPETENCE AND DILIGENCE ARE PRE- Sec.1, Canon 6, NCJC
REQUISITES TO THE DUE PERFORMANCE OF The judicial duties of a judge take
JUDICIAL OFFICE. precedence over all activities.
A judge upon assumption to office, becomes the Duties of a judge under this section
visible representation of law and of justice, hence,
the Constitution (Section 7 (3), Article VIII), 1. A judge must perform his judicial duties with
prescribes that he must be a person of proven regard to a case where he is not disqualified to
competence as a requisite of his membership in the do so and, may not divest himself of such case if
judiciary. he is not so disqualified; and
A judge should be the epitome of competence, 2. A judge shall not inhibit himself simply to avoid
integrity and independence to be able to render sitting on difficult or controversial cases.
justice and uphold public confidence in the legal
system. He must be conversant with basic legal Q: An administrative case against Judge
principles and well-settled doctrines. He should Calderon was filed for incurring leaves of
strive for excellence and seek the truth with passion absence for almost a straight period of 3 years.
(Rino v. Judge Cawaling, A.M. No. MTJ-02-1391, June In his comment, he claimed that he was suffering
7, 2004). from a lingering illness of malignant
hypertension which was supported by medical
NOTE: As members of the judiciary, judges ought to certificates prepared by his personal doctor.
know the fundamental legal principles; otherwise, However, when the court physician conducted
they are susceptible to administrative sanction for some tests, the same contradicted the diagnosis
gross ignorance of the law (Heirs of Piedad v. given by the judge’s personal doctor. Is Judge
Estrella, A.M. No. RTJ-09-2170, December 16, 2009). Calderon guilty of gross misconduct?
Q: Bayaca was convicted by Judge Ramos in a A: Yes. A judge shall be cautious of his court duties.
criminal case for arson through reckless Here, the judge should have been aware that, in
imprudence and imposed upon him the penalty frequently leaving his station, he has caused great
of imprisonment, with all the accessory disservice to many litigants and has denied them
penalties imposed by law in addition to the speedy justice (Re: Leaves of Absence Without
payment of costs and damages. On appeal, the Approval of Judge Eric Calderon, Municipal Trial
RTC deleted the penalty of imprisonment. Court Judge of Calumpit, Bulacan, A.M. No. 98-8-105-
However, Judge Ramos subsequently issued a MTC, January 26, 1999).
warrant of arrest and commitment on final
sentence which led to complainant’s Q: Judge Limsiaco admitted that the decided an
incarceration for 20 days. In his comment, the ejectment case two (2) years after it was
judge clarified that his issuance of the warrant declared submitted for resolution. He was found
of arrest against Bacaya was a mistake done in guilty of gross ignorance of law and procedure.
good faith and that the same was just a simple He moved for an extension of time to file a
negligence. Should the judge be disciplined? motion for reconsideration. Despite the
extension of time given however, Judge Limsiaco
A: Yes. The judge was inexcusably negligent when failed to file his motion for reconsideration and
he issued a Warrant of Arrest and Commitment to the required explanation thrice. In another
Final Sentence despite the deletion by the appellate complaint against him for Delay in the
UNIVERSITY OF SANTO TOMAS
167 FACULTY OF CIVIL LAW
JUDICIAL ETHICS
Q: Judge Tormis was accused of non- Service in the judiciary means a continuous study
promulgation of her decisions. She denied the and research on the law from beginning to end.
alleged practice of her court of not promulgating Judges are regarded as persons learned in the law.
judgments in criminal cases. She specifically The maxim “ignorance of the law excuses no one”
cited the Datan case and explained that she has special application to judges.
rendered the decision prior to her preventive
suspension and she filed it with Mr. Teves, clerk Though good faith and absence of malice or
of court, for the latter to calendar it for corruption are sufficient defenses, such do not apply
promulgation, but instead of following her where the issues are so simple and the applicable
directive, Mr. Teves sent copies of the decision legal principles evident and basic as to be beyond
to the parties of the case. Should Judge Tormis possible margin of error (Corpus v. Ochotoresa, A.M.
be held liable? No. RTJ 04-1861, July 30, 2004).
A: Yes. Mr. Teves is negligent in serving copies of the One who accepts the exalted position of a judge
decision to the accused without the judgment owes the public and the Court the duty to maintain
having been promulgated first and at the time when professional competence at all times. When a judge
the judge who rendered the decision was serving displays an utter lack of familiarity with the rules,
her suspension. This negligence on the part of Mr. he erodes the confidence of the public in the courts.
Teves, does not, however, wholly exempt Judge A judge owes the public and the Court the duty to be
Tormis from administrative liability even if the proficient in the law and is expected to keep abreast
same took place at the time when she was of laws and prevailing jurisprudence. Ignorance of
prohibited access to her court. The Court cannot the law by a judge can easily be the mainspring of
fathom how she failed to find out Mr. Teves’ injustice (Villanueva v. Judge Buaya, A.M. No. RTJ-08-
negligence. When she resumed her position, it was 2131, November 22, 2010).
incumbent upon her to check the status of the cases
she left prior to her suspension. A judge cannot Q: Judge Delos Santos averred that Judge
simply take refuge behind the inefficiency or Mangino of the MTC Tarlac approved the bail
mismanagement of her court personnel, for the bond for provisional liberty of the accused
latter are not the guardians of the former’s Santos who was arrested and whose criminal
responsibility. Unless the reins of control and cases were pending in Angeles City before him.
supervision over the administrative aspect of the It was also made to appear from the contents of
adjudicatory process are tightened, the swift and the said bond that the accused appeared before
efficient delivery of justice will be impeded and notary public Ancanan in Makati City. According
rendered illusory (Office of the Court to the accused, she never went to Tarlac and
appeared before said Judge Mangino. She also Sec. 4, Canon 6, NCJC
alleged that she never went to Makati City and Judges shall keep themselves informed
appeared before Notary Public Ancanan. Is about relevant developments of
Judge Mangino guilty of grave misconduct? international law, including international
conventions and other instruments
A: Yes. Judges should be diligently acquainted with establishing human rights norms.
the law and jurisprudence. As an advocate of justice
and a visible representation of the law, a judge is
expected to keep abreast with and be proficient in Norms of international law have become the
the application and interpretation of the law. Here, concern of judges because they form part of legal
by merely glancing at the bail bond application, the standards by which their competence and diligence
judge ought to know that he had absolutely no required by the New Code of Judicial Conduct are to
authority or jurisdiction to approve the bail bond of be measured.
the accused as the case was pending with another
court. By approving the bail bond application, the Sec. 5, Canon 6, NCJC
judge failed to exert such conscientiousness, Judges shall perform all judicial duties,
studiousness, and thoroughness expected and including the delivery of reserved decisions,
demanded of a judge (Judge de los Santos v. Judge efficiently, fairly and with reasonable
Mangino, A.M. No. MTJ-03-1496, July 10, 2003). promptness.
The Supreme Court shall have the administrative It is a constitutional process of removing public
supervision over all courts and the personnel servants from office as an assurance against abusive
(Section 6, Art. VIII, 1987 Constitution). officials in the country (Impeachment Primer,
Official Gazette, 2012).
The Court en banc has the power to discipline all
judges of lower courts including justices of the Court Object of impeachment
of Appeals (Section 11, Art. VIII, 1987 Constitution).
The object of impeachment is solely to determine
Disbarment of judges and justices whether the official is worthy of the trust conferred
upon him/her. It is not a determination of criminal
Judges and justices, being lawyers, may also be guilt or innocence as in criminal case (Ibid.).
disbarred, if found guilty of certain crimes and/or
other causes for disbarment under the Rules of The nature of impeachment proceedings against SC
Court. justices is “sui generis” or “a class of its own.”
Supreme court to act on mere letters filed 1. 1987 Constitution - Section 17. A public officer
by a counsel which caused the issuance of or employee shall, upon assumption of office
flip-flopping decisions in final and and as often thereafter as may be required by
executory cases; in creating an excessive law, submit a declaration under oath of his
entanglement with Mrs. Arroyo through assets, liabilities, and net worth. In the case of
her appointment of his wife to office; and the President, the Vice-President, the Members
in discussing with litigants regarding cases of the Cabinet, the Congress, the Supreme Court,
pending before the Supreme Court (Article the Constitutional Commissions and other
III). constitutional offices, and officers of the armed
c. Blatant disregard of the principle of forces with general or flag rank, the declaration
separation of powers by issuing a status shall be disclosed to the public in the manner
quo ante order against the House of provided by law.
Representatives in the case concerning the
impeachment of then Ombudsman 2. R.A. 6713 - Section 8. Statements and
Merceditas Navarro-Gutierrez (Article IV). Disclosure. Public officials and employees have
an obligation to accomplish and submit
Reason for CJ Corona’s Impeachment declarations under oath of, and the public has
the right to know, their assets, liabilities, net
He was convicted under Article II of the Articles of worth and financial and business interests
impeachment, which is the failure to disclose to the including those of their spouses and of
public his statement of assets, liabilities, and net unmarried children under eighteen (18) years
worth as required under sec. 17, Art. XI of the 1987 of age living in their households.
Constitution, by a vote of 20-3. Statements of Assets and Liabilities and
Financial Disclosure. - All public officials and
NOTE: It is the "obligation" of an employee to employees, except those who serve in an
submit a sworn statement, as the "public has a right honorary capacity, laborers and casual or
to know" the employee's assets, liabilities, net temporary workers, shall file under oath their
worth and financial and business interests. Hence, a Statement of Assets, Liabilities and Net Worth
court interpreter who failed to include in her SALN and a Disclosure of Business Interests and
rental payments she received from a market stall Financial Connections and those of their
was dismissed from service (Rabe v. Flores, A.M. No. spouses and unmarried children under
P-97-1247, May 14, 1997). The Senator-judges ruled eighteen (18) years of age living in their
that the law applies to all, including the Chief Justice households.
of the Philippines, thus, his failure to include his
dollar accounts in his SALN warrants his The Statements of Assets, Liabilities and Net
impeachment from office. Worth and the Disclosure of Business Interests
and Financial Connections shall be filed by:
Q: Is the Law on Secrecy of Foreign Currency x xx
Deposit Account (FCDA) a defense in failing to (2) Senators and Congressmen, with the
include a dollar deposit in a SALN? Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the
A: No. The issue is not the conflict between the Clerk of Court of the Supreme Court; Judges,
FCDA requiring secrecy of foreign currency deposits with the Court Administrator; and all national
and the disclosure required by the SALN law, but the executive officials with the Office of the
Constitution which requires public officials to President.
declare their assets and does not distinguish
between peso and foreign accounts (Senator Judge Basis for the public’s right to inquire upon the
Pangilinan). statement of assets and liabilities of public
officers
The Supreme Court in one case said that the FCDA
cannot be used as a haven for the corrupt and the The postulate of public office is a public trust,
criminals. To interpret it in the manner that the institutionalized in the Constitution to protect the
Chief Justice would want … is to say that the law people from abuse of governmental power. This
could be used as a haven to hide proceeds of would certainly be mere empty words if access to
criminal acts (Senator Judge Drilon). such information of public concern is denied.
Mandate of the Chief Justice to disclose his The right to information (Section 7, Article III of
statement of assets and liabilities Constitution) goes hand-in-hand with the
constitutional policies of full public disclosure and
honesty in the public service. It is meant to enhance standards of conduct demanded from judges are
the widening role of the citizenry in governmental designed to promote public confidence in the
decision-making as well as in checking abuse in integrity and impartiality of the judiciary. When the
government (Valmonte v. Belmonte, Jr., 252 Phil. 264, judge himself becomes the transgressor of the law
February 13 1989). which he is sworn to apply, he places his office in
disrepute, encourages disrespect for the law and
Established limitations to the right to impairs public confidence in the integrity of the
information, with its companion right of access judiciary itself (Lachica vs. Tormis, A.M. No. MTJ-05-
to official records 1609, September 20, 2005).
1. National security matters and intelligence Importance of maintaining the confidence of the
information people upon the judiciary
2. Trade secrets and banking transactions
3. Criminal matters The integrity of the judiciary rests not only upon the
4. Other confidential information such as fact that it is able to administer justice, but also upon
confidential or classified information officially the perception and confidence of the community
known to public officers and employees by that the people who run the system have
reason of their office and not made available to administered justice. In order to create such
the public as well as diplomatic confidence, the people who run the judiciary,
correspondence, closed door cabinet meetings particularly judges and justices, must not only be
and executive sessions of either house of proficient in both the substantive and procedural
Congress, and the internal deliberations of the aspects of the law, but more importantly, they must
Supreme Court. possess the highest integrity, probity, and
unquestionable moral uprightness, both in their
Probity public and in their private lives. Only then can the
people be reassured that the wheels of justice in this
It is the uncompromising adherence to the highest country run with fairness and equity, thus creating
principles and ideals or impeachable integrity confidence in the judicial system (Tan v. Pacuribot,
(Webster's 3rd New International Dictionary). A.M. No. RTJ-06-1982, December 14, 2007).
Administrative complaint is not an appropriate granted him. His willful disobedience and disregard
remedy where judicial recourse is still available to the show-cause resolutions constitutes grave and
serious misconduct affecting his fitness and
Judicial recourse such as a motion for worthiness of the honor and integrity attached to
reconsideration, an appeal, a petition for certiorari, his office. It is noteworthy that the judge was
or an administrative complaint is not appropriate, afforded several opportunities to explain his failure
unless the assailed order or decision is tainted with to decide the subject cases long pending before his
fraud, malice, or dishonesty. As an established rule, court and to comply with the directives of this Court,
an administrative, civil or criminal action against a but he has failed, and continuously refuses to heed
judge cannot be a substitute for an appeal the same. This continued refusal to abide by lawful
(Fernandez et. al. v. Court of Appeals Assoc. Justices directives issued by this Court is glaring proof that
Ramon M. Bato, Jr., Isaias P. Dicdican, A.M. OCA IPI he has become disinterested to remain with the
No. 12-201-CA-J. February 19, 2013). judicial system to which he purports to
belong (Office of the Court Administrator v. Judge Go,
Institution of proceedings for the discipline of et al. A.M. No. MTJ-07-1667, April 10, 2012).
judges
2. Inefficiency – implies negligence, incompetence,
Proceedings for the discipline of judges of regular ignorance and carelessness. A judge would be
and special courts and justices of the Court of inexcusably negligent if he failed to observe in the
Appeals and the Sandiganbayan may be instituted: performance of his duties that diligence, prudence
and circumspection which the law requires in the
1. Motu proprio by the Supreme Court; rendition of any public service.
2. Upon a verified complaint filed before the
Supreme Court supported by: Q: Should a judge be held administratively liable
for ignorance of the law for granting bail to an
a. Affidavit of persons who have personal accused in a criminal case without the requisite
knowledge of the facts alleged therein; or bail hearing, and despite the fact that there was
b. Documents which may substantiate said an eyewitness to the murder who made a
allegations. positive identification of the accused?
3. Anonymous complaint supported by public A: Yes. It is already settled that when a judge grants
records of indubitable integrity filed with the bail to a person charged with a capital offense, or an
Supreme Court. offense punishable by reclusion perpetua or life
imprisonment without conducting the required bail
Form and content of the complaint hearing, he is considered guilty of ignorance or
incompetence the gravity of which cannot be
The complaint shall be in writing and shall state excused by a claim of good faith or excusable
clearly and concisely the acts and omissions negligence. When a judge displays an utter
constituting violations of standards of conduct unfamiliarity with the law and the rules, he erodes
prescribed for judges by law, the Rules of Court, or the confidence of the public in the courts. A judge
the Code of Judicial Conduct. owes the public and the court the duty to be
proficient in the law and is expected to keep abreast
GROUNDS of laws and the prevailing jurisprudence. Ignorance
of the law by a judge can easily be the mainspring of
Grounds for discipline of judges injustice (Grageda v. Judge Tresvalles, A.M. MTJ No.
04-1526, February 2, 2004).
1. Serious Misconduct – implies malice or wrongful
intent, not mere error of judgment. Judicial acts Q: Judge Abul failed to cause the raffle of an
complained of: injunction case and failed to follow the
procedural requirements in issuing a TRO and a
a. must be corrupt or inspired by an intention to writ of preliminary injunction as he issued them
violate the law; or without prior notice to the defendant and
b. were in persistent disregard for well-known without a hearing. Is he liable for gross
legal rules. ignorance of the law?
A judge was found guilty of gross misconduct for A: Yes. Though not every judicial error bespeaks
failure to heed the Court’s pronouncements. He did ignorance of the law or of the rules, and that, when
not file the required comment to the Court’s show- committed in good faith, does not warrant
cause resolutions despite several opportunities administrative sanction, the rule applies only in
cases within the parameters of tolerable Q: Cruz was the defendant in an ejectment case
misjudgment. When the law or the rule is so filed by the Province of Bulacan involving a
elementary, not to be aware of it or to act as if one parcel of land owned by the said province. A
does not know it constitutes gross ignorance of the decision was rendered against Cruz. He then
law. A judge is expected to keep abreast of the filed an appeal and several motions for
developments and amendments thereto, as well as reconsideration but Justice Alino-
of prevailing jurisprudence. Ignorance of the law by Hormachuelos before whom the motions were
a judge can easily be the mainspring of injustice. In filed subsequently denied all of them.
the absence of fraud, dishonesty or corruption, the Consequently, Cruz charged all the judges and
acts of a judge in his judicial capacity are not subject justices with grave misconduct, gross
to disciplinary action. However, the assailed judicial inexcusable negligence, and rendering a void
acts must not be in gross violation of clearly judgment. Should the judges be held liable for
established law or procedure, which every judge grave misconduct and gross ignorance of the
must be familiar with (Sps. Lago v. Judge Abul, Jr., law?
A.M. No. RTJ-10-2255, January 17, 2011).
A: No. The Court has consistently held that judges
Q: Santiago and Sanchez were complainants in will not be held administratively liable for mere
two different criminal cases before the MTC of errors of judgment in their rulings or decisions
Bulacan and the RTC of Pampanga, respectively. absent a showing of malice or gross ignorance on
The suspects in each of the criminal cases were their part. Bad faith or malice cannot be inferred
caught and detained by authorities. However, simply because the judgment is adverse to a party.
both suspects were released by order of Judge To hold a judge administratively accountable for
Jovellanos of MCTC Pangasinan. The every erroneous ruling or decision he renders,
complainants questioned both Orders for assuming that he has erred, would be nothing short
Release, alleging that the requirements for the of harassment and would make his position
bail bond had not been fulfilled and that the said unbearable. Here, the fact that the judge or justices
judge had no jurisdiction to order the release. Is rendered a decision not favorable to Cruz is not
Judge Jovellanos guilty of gross incompetence enough to make them liable for grave misconduct
and gross ignorance of the law? (Cruz v. Justice Alino- Hormachuelos et. al., A.M. No.
CA-04-38, March 31, 2004).
A: Yes. A judge should be acquainted with legal
norms and precepts as well as with statutes and Q: A disciplinary action was filed against Judge
procedural rules. Unfamiliarity with the Rules of Abul for assuming jurisdiction over a civil case
Court is a sign of incompetence. He must have the without the mandated raffle and notification
basic rules at the palm of his hands as he is expected and service of summons to the adverse party
to maintain professional competence at all times. and issuing TRO; setting the case for summary
Here, there are two defects in the Orders for Release hearing beyond the 72-hour required by the law
signed by Judge Jovellanos. First, in both cases, the in order to determine whether the TRO could be
detainees had not registered the bail bond in extended; and issuing a writ of preliminary
accordance with the Rules of Criminal Procedure. injunction without prior notice to the
One may not be given provisional liberty if the bail complainants and without hearing. Judge Abul
bond is not registered with the proper office. argued that he was not physically present in the
Secondly, Judge Jovellanos did not have jurisdiction RTC, Branch 43, Gingoog City, from the required
to order the release of the detainees as the cases date of issuance of TRO and that he was
were not pending in his court and the suspects were conducting hearings in his permanent station,
not arrested within his jurisdiction (Santiago v. RTC, Branch 4, Butuan City. He further argued
Judge Jovellanos, A.M. No. MTJ-00-1289, August 1, that the issuance of the TRO was simply not
2000). possible because the law office of the plaintiff’s
counsel was 144 kilometers away from Gingoog
NOTE: Judges are not expected to be infallible; not City and under that situation, the service of the
every error or irregularity committed by judges in notice could only be made on the following day.
the performance of official duties is subject to Should Judge Abul be liable for gross ignorance
administrative sanction. In the absence of bad faith, of the law?
fraud, dishonesty, or deliberate intent to do
injustice, incorrect rulings do not constitute A: No. To constitute gross ignorance of the law, it is
misconduct and may give rise to a charge of gross not enough that the subject decision, order or
ignorance of the law (Cruz v. Iturralde, A.M. No. MTJ- actuation of the respondent judge in the
03-1775, April 30, 2003). performance of his official duties is contrary to
existing law and jurisprudence but, most
importantly, he must be moved by bad faith, fraud, (Maquiran v. Grageda, A.M. No. RTJ-04-1888,
dishonesty or corruption. Complainants failed to February 11, 2005).
adduce proof to show that respondent judge was
motivated by bad faith, ill will or malicious motive Q: Santiago’s Petition for Reconstitution of
when he granted the TRO and preliminary Lost/Destroyed Original Certificate of Title was
injunction. In addition, respondent judge should not granted by the Quezon City RTC. Upon appeal to
be penalized for failing to conduct the required the CA, the decision was reversed by the special
summary hearing within 72 hours from the division where Justice Enriquez was
issuance of the original TRO. Though the Rules Chairperson. His MR having been denied,
require the presiding judge to conduct a summary complainant filed a complaint before the SC.
hearing before the expiration of the 72 hours, it Pending the decision of the SC, an administrative
could not be complied with because of the charge of Gross Ignorance of the law/Gross
remoteness and inaccessibility of the trial court Incompetence was filed against Associate
from the parties’ addresses (Sps. Democrito and Justice Enriquez. Is the filing of the
Olivia Lago v. Judge Abul, Jr., A.M. No. RTJ-10- administrative complaint against him proper?
2255, February 8, 2012).
A: No. The remedy of the aggrieved party is not to
Q: Criminal case No. 123 was raffled to Judge file an administrative complaint against the judge,
Belandro. Complainant filed a Motion to Dismiss but to elevate the assailed decision or order to the
on the ground that the complaint was filed higher court for review and correction. An
without the required certification to file action administrative complaint is not an appropriate
coming from Lupong Tagapamayapa. It was remedy where judicial recourse is still available,
denied by the Judge deciding that it was a such as a motion for reconsideration, an appeal, or a
prohibited pleading under Rules on Summary petition for certiorari, unless the assailed order or
Procedure. Upon MR, Judge Melandro admitted decision is tainted with fraud, malice, or dishonesty.
and apologized for his mistake attributing pure
oversight and inadvertence. He explained that The failure to interpret the law or to properly
his inadvertence was mainly due to the bulk of appreciate the evidence presented does not
work that he had attend to, as the case was necessarily render a judge administratively liable.
brought to him barely a year since he was
appointed as Judge. Is his contention valid? A judicial officer cannot be called to account in a civil
action for acts done by him in the exercise of his
A: No. Respondent was careless in disposing the judicial function, however erroneous. In the words
Motion filed by the complainant, in a criminal case of Alzua and Arnalot v. Johnson, “it is a general
no less. He cannot be relieved from the principle of the highest importance to the proper
consequences of his actions simply because he was administration of justice that a judicial officer, in
newly appointed and his case load was heavy. These exercising the authority vested in him, shall be free
circumstances are not unique to him. His careless to act upon his own convictions, without
disposition of the motions is a reflection of his apprehension of personal consequences to himself."
competency as a judge in discharging his official This concept of judicial immunity rests upon
duties (Chua Keng Sin v. Judge Mangete, A.M. No. consideration of public policy, its purpose being to
MTJ-15-1851, February 11, 2015). preserve the integrity and independence of the
judiciary. This principle is of universal application
Disciplinary and criminal actions not a and applies to all grades of judicial officers from the
substitute for judicial remedies highest judge of the nation and to the lowest officer
who sits as a court (Santiago III v. Justice Enriquez,
Disciplinary and criminal actions against a judge, Jr. A.M. No. CA-09-47-J, February 13, 2009).
are not complementary or suppletory of, nor a
substitute for, judicial remedies, whether ordinary Classifications of administrative charges
or extraordinary. Resort to and exhaustion of
judicial remedies are prerequisites for the taking of 1. Serious
other measures against the persons of the judges 2. Less serious
concerned, whether of civil, administrative, or 3. Light
criminal nature. It is only after the available judicial
remedies have been exhausted and the appellate NOTE: Administrative penalties imposed on judges
tribunals have spoken with finality that the door to are both punitive and corrective (2011 Bar
an inquiry into his criminal, civil, or administrative Question).
liability may be said to have opened, or closed
Serious charges
his retirement pay and other benefits. The moot or deprive the SC of the authority to
Officer-In-Charge of the RTC found out that there investigate the charges. The court retains its
were 23 cases submitted for jurisdiction either to pronounce the respondent
decision/resolution which were left undecided officially innocent of the charges or declare him
by Judge Baluma. The 23 cases were already guilty thereof. A contrary rule will be fraught with
beyond the reglementary period for deciding injustice and pregnant with dreadful and dangerous
them at the time of Judge Baluma's retirement. implications (Pesole v. Rodriguez A.M. No. 755-MTJ,
Judge Baluma also failed to comply with the January 31, 1978).
directive of the Deputy Court Administrator to
explain why he failed to act on the said cases. Q: May the heirs of a judge, who was found guilty
Can Judge Baluma be held administratively of gross neglect of duty and dismissed from the
liable? service with disqualification from holding
public office for an offense committed before he
A: Yes. The Court has consistently impressed upon was appointed judge, be entitled to gratuity
judges the need to decide cases promptly and benefits?
expeditiously under the time-honored precept that
“justice delayed is justice denied”. Every judge A: Yes. Upon the demise of a judge, any
should decide cases with dispatch and should be administrative complaint filed by the OCA against
careful, punctual, and observant in the performance him or her has to be considered closed and
of his functions for delay in the disposition of cases terminated. Therefore, there is no valid reason why
erodes the faith and confidence of our people in the the heirs of the deceased should not be entitled to
judiciary, lowers its standards and brings it into gratuity benefits for the period he rendered service
disrepute. Failure to decide a case within the as MTCC judge up to the finality of the CSC
reglementary period is not excusable and Resolution which imposed the penalty of "dismissal
constitutes gross inefficiency warranting the from service with all the accessory penalties
imposition of administrative sanctions on the including disqualification from holding
defaulting judge. The Supreme Court has allowed public office and forfeiture of benefits”.
reasonable extensions of time needed to decide
cases, but such extensions must first be requested The penalty of disqualification from holding public
from the Court. A judge cannot by himself choose to office and forfeiture of benefits may not be applied
prolong the period for deciding cases beyond that retroactively. However, the judge should be
authorized by law (Re: Cases Submitted for Decision considered terminated from service in the judiciary
before Hon. Teofilo D. Baluma, Former Judge, Branch as his appointment as MTCC judge is deemed
1, RTC, A.M. No. RTJ-13-2355, September 2, 2013, De conditional upon his exoneration of the CSC
Castro, J.). administrative charges against him (Re: Application
for retirement/gratuity benefits under R.A. 910 as
Confidentiality of proceedings amended by R.A. 5095 and P.D. 1438 filed by Mrs.
Butacan, surviving spouse of the late Hon. Jimmy
Proceedings against judges of regular and special Butacan, former judge of MTC, Tuguegarao City, who
courts and justices of the Court of Appeals and the died on July 28, 2005, A.M. No. 12535-Ret, April 22,
Sandiganbayan shall be private and confidential, but 2008).
a copy of the decision or resolution of the Court shall
be attached to the record of the respondent in the Quantum of evidence required
Office of the Court Administrator (Sec 12, Rule 140,
RRC). The ground for removal of a judicial officer should
be established beyond reasonable doubt. Such is the
Resignation or retirement pending rule where the charge on which the removal is
administrative case sought is misconduct in office, willful neglect,
corruption or incompetence. The general rules in
The retirement of a judge or any judicial officer from regard to admissibility of evidence in criminal trials
service does not preclude the finding of any apply.
administrative liability to which he should still be
answerable. Also, the withdrawal or recantation of Q: May a judge be disciplined by the Supreme
the complaint does not necessarily result in the Court based solely on a complaint filed by the
dismissal of the case (Atty. Molina v. Judge Paz, A.M. complainant and the answer of respondent
No. RTJ -01-1638, December 8, 2003). judge? If so, in what circumstances? What is the
rationale behind this power of the Supreme
NOTE: The acceptance by the President of the Court? (1996 Bar Question)
resignation does not necessarily render the case
A: A judge may be disciplined by the Supreme Court 2. Second view- According to the Supreme Court the
based solely on the basis of the complaint filed by lawyer or a judge can be suspended or dismissed
the complainant and the answer of the respondent based on his activities or decision, as long as he has
judge, under the principle of res ipsa loquitor. The been given an opportunity to explain his side. No
Supreme Court has held that when the facts alleged investigation is necessary.
in the complaint are admitted or are already shown
on the record, and no credible explanation that Suspension pendente lite not applicable to
would negate the strong inference of evil intent is judges
forthcoming, no further hearing to establish such
facts to support a judgment as to culpability of the While it is true that preventive suspension pendente
respondent is necessary (In Re: Petition for dismissal lite does not violate the right of the accused to be
of Judge Dizon, A.M. No. 3086, May 3, 1989). presumed innocent as the same is not a penalty, the
rules on preventive suspension of judges, not having
NOTE: The doctrine of res ipsa loquitur does not and been expressly included in the Rules of Court, are
cannot dispense with the twin requirements of due amorphous at best.
process, notice and the opportunity to be heard. It
merely dispenses with the procedure laid down in Moreover, it is established that any administrative
Rule 140, RRC (Rule 140: Discipline of Judges of complaint leveled against a judge must always be
Regular and Special Courts and Justices of the Court examined with a discriminating eye, for its
of Appeals and the Sandiganbayan). consequential effects are, by their nature, highly
penal, such that the respondent judge stands to face
Q: In Administrative Circular No. 1 addressed to the sanction of dismissal or disbarment. As
all lower courts dated January 28, 1988, the aforementioned, the filing of criminal cases against
Supreme Court stressed that all judges are judges may be used as tools to harass them and may,
reminded that the Supreme Court has applied in the long run, create adverse consequences (Re:
the res ipsa loquitor rule in the removal of judges Conviction of Judge Adoracion G. Angeles, A.M. No. 06-
even without any formal investigation 9-545-RTC, January 31, 2008).
whenever a decision, on its face, indicates gross
incompetence or gross ignorance of the law or Grievance procedure in the Rules of Court is not
gross misconduct (Cathay Pacific Airways v. applicable to justices and judges
Romillo, G.R. No. 64276, 12 August 1986). The
application of the res ipsa loquitor rule in the Complaints against justices and judges are filed with
removal of judges is assailed in various quarters the Supreme Court which has exclusive
as inconsistent with due process and fair play. Is administrative supervision over all courts and the
there any basis for such a reaction? Explain. personnel thereof pursuant to Section 6 Art. VIII,
Constitution. The Court en banc has the power to
A: discipline all judges of lower courts including
1. First view - there is a basis for the reaction against justices of the Court of Appeals (Section 11, Art. VII,
the res ipsa loquito rule on removing judges. 1987 Constitution).
According to the position taken by the Philippine
Bar Association, the res ipsa loquitor rule might As a matter of practice, the Supreme Court has
violate the principle of due process that is the right assigned complaints against Municipal or
to be heard before one is condemned. Metropolitan Trial Judges to an Executive Judge of a
Regional Trial Court and complaints against judges
Moreover, Rule 140 of the Rules of Court provides of Regional Trial Courts to a justice of the Court of
for the procedure for the removal of judges. Upon Appeals, while a complaint against a member of the
service of the complaint against him, he is entitled Court of Appeals would probably be assigned to a
to file an answer. If the answer merits a hearing, it is member of the Supreme Court for investigation,
referred to a justice of the Court of Appeals for report and recommendation. Retired SC Justices are
investigation, and the report of the investigation is now tasked for this purpose.
submitted to the Supreme Court for proper
disposition. Rules on the liability of judges
The danger in applying the res ipsa loquitor rule is GR: A judge is not liable administratively, civilly, or
that the judge may have committed only an error of criminally, when he acts within his legal powers and
judgment. His outright dismissal does violence to jurisdiction, even though such acts are erroneous so
the jurisprudence set in (In Re Horilleno, 43 Phil. long as he acts in good faith. In such a case, the
212, March 20, 1922). remedy of aggrieved party is not to file an
administrative complaint against the judge but to
elevate the error to a higher court for review and to the property and rights that may be the objects of
correction. any litigation in which they may take part by virtue
of their profession (1996 Bar Question).
NOTE: The reason behind such rule is to free the
judge from apprehension of personal 2. Article 739 – Donations made to a judge, his
consequences to himself and to preserve the wife, descendants and ascendants by reason of
integrity and independence of the judiciary. his office are void.
XPN: Where an error is gross or patent, deliberate Criminal Liabilities under the RPC and the Anti-
and malicious, or is incurred with evident bad faith; Graft and Corrupt Practices Act
or when there is fraud, dishonesty, or corruption.
1. Misfeasance
Promotion as Judge does not exculpate liability a. Article 204 – Knowingly rendering unjust
judgment.
Promotion as a judge during the pendency of b. Manifestly Unjust Judgment – one which is
administrative case committed while still a Clerk of so patently against the law, public order,
Court cannot be considered either as a mitigating or public policy and good morals that a
an exculpatory circumstance to excuse him from person of ordinary discernment can easily
any administrative liability. A judge is still bound by sense its invalidity and injustice.
the same principle enshrined in Section 1, Article XI
of the Constitution, which states that a public office NOTE: It must be shown beyond doubt that
is a public trust, and all public officers and the judgment is unjust as it is contrary to
employees must at all times be accountable to the law or is not supported by evidence and the
people, serve them with utmost responsibility, same was made with conscious and
integrity, loyalty, and efficiency, act with patriotism deliberate intent to do an injustice (In Re:
and justice, and lead modest lives (OCA v. Atty. Mario Climaco, A.C. No. 134-J, January 21, 1974).
Melchor, Jr., A.M. No. P-06-2227, August 19, 2014).
If the decision rendered by the judge is still
Civil liabilities under the New Civil Code on appeal, the judge cannot be disqualified
on the ground of knowingly rendering an
1. Article 27 – refusal or neglect without just cause unjust judgment (Abad v. Bleza, A.M. No. R-
by a public servant to perform his official duty 227-RTJ, October 13, 1986).
1. Article 1491 (5) – Justices, judges, prosecuting 4. Maliciously delaying the administration of
attorneys, clerks of court of superior and justice.
inferior courts and other officers and
employees connected with the administration NOTE: The act must be committed maliciously or
of justice cannot acquire by purchase, even at a with deliberate intent to prejudice a party in a case.
public or judicial action, either in person or
through the mediation of another the property IMPEACHMENT
and rights in litigation or levied upon an (ETHICAL ASPECTS)
execution before the court within whose
jurisdiction or territory they exercise their Constitutional provisions on the accountability
respective functions. of public officers
This prohibition includes the act of acquiring by Public officers and employees must at all times be
assignment and shall apply to lawyers with respect accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act 3. A fine of more than P20,000.00 but not
with patriotism and justice, and lead modest lives exceeding P40,000.00.
(Sec. 1, Article XI, 1987 Constitution).
Sanctions for a judge found guilty of a less
Nature of public office serious charge
A public office is a public trust. It is not to be 1. Suspension from office without salary and
understood as a position of honor, prestige and other benefits for not less than one (1) nor more
power but a position of rendering service to the than three (3) months; or
public. 2. A fine of more than P10,000.00 but not
exceeding P20,000.00.
Principle of accountability
Sanctions for a judge found guilty of a light
It sets down the mandate that all government charge
officials and employees, whether they be the highest
in the land or the lowliest public servants, shall at all Any of the following sanctions shall be imposed:
times be answerable for their misconduct to the
people from whom the government derives its 1. A fine of not less than P1,000.00 but not
powers. exceeding P10,000.00; and/or
2. Censure;
Purpose of impeachment in relation the 3. Reprimand; or
accountability of public officers 4. Admonition with warning
Its purpose is to protect the people from official REINSTATEMENT OF A JUDGE PREVIOUSLY
delinquencies or malfeasances. It is therefore DISCIPLINED
primarily intended for the protection of the State,
not for the punishment of the offender. Propriety of reinstatement
Importance of maintaining public trust in public Reinstatement is proper when there is no indication
offices that the judge is inspired by corrupt motives or
reprehensive purpose in the performance of his
It is essential that responsible and competent public functions.
officers be chosen for public office to maintain the
faith and confidence of the people to the Factors to be considered in reinstatement
government, otherwise it becomes ineffective. No
popular government can survive without the 1. Unsullied name and service of record prior to
confidence of the people. It is the lone guarantee and dismissal
justification of its existence. 2. Commitment to avoid situations that spur
suspicion of arbitrary conditions
3. Complainant mellowed down in pushing from
SANCTIONS IMPOSED BY THE SUPREME COURT his removal
ON ERRING MEMBERS OF THE JUDICIARY 4. Length of time separated from service
NOTE: Before the Court approved this resolution, administrative and disbarment cases against members of the
bar who were likewise members of the court were treated separately. However, pursuant to the new rule, an
administrative case against a judge of a regular court based on grounds which are also grounds for the
disciplinary action against members of the Bar shall be automatically considered as disciplinary proceedings
against such judge as a member of the Bar.
Since membership in the bar is an integral qualification for membership in the bench, the moral fitness of a judge
also reflects his moral fitness as a lawyer. A judge who disobeys the basic rules of judicial conduct also violates
his oath as a lawyer (Samson v. Judge Caballero, A.M. No. RTJ-08-2138, August 5, 2009).
DISQUALIFICATION OF JUSTICES AND JUDGES A judge may not be legally prohibited from sitting in
(RULE 137) a litigation, but when circumstances appear that will
induce doubt as to his honest actuations and probity
COMPULSORY in favor of either party, or incite such state of mind,
he should conduct a careful examination. He should
Disqualification of justices and judges exercise his discretion in a way that people’s faith in
the Courts of Justice is not impaired. The better
Section 1 of Rule 137 provides that a judge is course for the judge under such circumstances is to
mandated by law to be disqualified under any of the disqualify himself (Borromeo Herrera v. Borromeo,
following instances: G.R. No. L-41171, July 23, 1987).
1. The judge, or his wife, or child is pecuniarily Neither is the mere filing of an administrative case
interested as heir, legatee, or creditor against a judge a ground for disqualifying him from
2. The judge is related to either party of the case hearing the case, ‘for if on every occasion the party
within the sixth degree of consanguinity or apparently aggrieved would be allowed to either
affinity, or to the counsel within the fourth stop the proceedings in order to await the final
degree (computed according to the rule of civil decision on the desired disqualification, or demand
law) the immediate inhibition of the judge on the basis
3. The judge has been an executor, administrator, alone of his being so charged, many cases would
guardian, trustee or counsel have to be kept pending or perhaps there would not
4. The judge has presided in any inferior court be enough judges to handle all the cases pending in
when his ruling or decision is the subject of all the court (Wenceslao Cruz Jr. v. Judge Joven, A.M.
review No. MTJ-00-1270, January 23, 2001).
POWERS AND DUTIES OF COURTS AND XPN: But any court may, in its discretion, exclude
JUDICIAL OFFICERS (RULE 135) the public when the evidence to be adduced is of
such nature as to require their exclusion in the
Nature of the office of the Judge interest of morality or decency.
Justices and judges must ever realize that they have Records of a court of justice are NOT always
no constituency, serve no majority or minority but public
serve only the public interest as they see it in
accordance with their oath of office, guided only by GR: The records of every court of justice shall be
the Constitution and their own conscience and considered public records and shall be available for
honor (Galman v. Sandiganbayan, G.R. No. 72670, the inspection of any interested person, at all proper
September 12, 1986). business hours, under the supervision of the clerk
having custody of such records.
A judge must not be moved by a desire to cater to
public opinion to the detriment of the XPN: Unless the court shall, in any special case, have
administration of justice. The previous Code of forbidden their publicity, in the interest of morality
Judicial Conduct specifically warned the judges or decency.
against seeking publicity for personal vainglory.
Vainglory, in its ordinary meaning, refers to an Instances in which Superior Court processes are
individual’s excessive or ostentatious pride enforceable in any part of the Philippines
especially in one’s own achievements. Even when
no longer explicitly stated in the New Code of 1. A case is pending to bring in a defendant
Judicial Conduct, judges are still proscribed from 2. For the arrest of an accused person
engaging in self-promotion and indulging their 3. Execution of any order or judgment of the court
vanity and pride by Canons 1 (on Integrity) and 2
(on Propriety) of the New Code (Gerlie M. Uy and Ma. Enforceability of the processes in inferior courts
Consolacion T. Bascug v. Judge Erwin B. Javellana,
A.M. No. MTJ-07- 1666, September 5, 2012). GR: Within the province where the municipality or
city lies.
Courts always open; justice to be promptly and
impartially administered. XPN: Outside its boundaries, provided the
enforcement is made with the approval of judge of
GR: Courts of justice shall always be open for: first instance of said province.
1. filing of any pleading, motion or other papers; Cases where the judge of the first instance of a
2. the trial of cases; particular province can approve the service of
3. hearing of motions; and process of inferior courts outside the
4. the issuance of orders or rendition of judgments boundaries of province in which they are
comprised
XPN: Legal holidays
1. When an order for the delivery of personal
NOTE: Upon the request of the local government property lying outside the province is to be
unit concerned, the Executive Judges of the MeTCs complied with;
or the MTCCs of the cities and municipalities 2. When an attachment of real or personal
comprising Metro Manila and of the cities of Baguio, property lying outside the province is to be
Bacolod, Cagayan de Oro, Cebu, Davao and Iloilo made;
may assign all judges to hold night court sessions 3. When the action is against two or more
daily from Monday to Friday and on official holidays defendants residing in different provinces; and
and special days, from four-thirty o’clock in the 4. When the place where the case has been
afternoon to eleven o’clock in the evening, on brought is that specified in a contract in writing
rotation basis, and in pairs of two (Sec. 15, A.M. No. between the parties, or is the place of the
03-8-02-SC). execution of such contract as appears
therefrom
Exclusion of the public from the proceedings
COURT RECORDS AND GENERAL DUTIES OF of a writ of execution in a civil case for support
CLERKS AND STENOGRAPHERS which was assigned under Judge Veneracion.
(Rule 136) Atty. Linatoc followed the orders of Judge
Veneracion regarding Mr. Rogelio A. Tria’s
Style of process assignment as "Deputy Sheriff" of the Regional
Trial Court, Branch 47, Manila without the
Processes shall be under the seal of the court from authority of the Supreme Court. It is alleged that
which it issues, styled under Republic of the Sheriff Tria was not an employee of the judiciary
Philippines, Province or City of, signed by the clerk at the time that he acted as "sheriff" in Civil Case
and shall bear the date on which it was actually No. 97-84356. Is he liable for misconduct?
issued.
A: Yes, he is guilty of misconduct in having allowed
Clerk’s office the assignment of a non-judicial employee to the
staff of the Regional Trial Court, Branch 47, Manila.
The clerk’s office, with the clerk or his deputy in As branch clerk of court, Atty. Linatoc has
attendance, shall be open during business hours on administrative supervision over all other
all days except on Sundays and legal holidays. The employees of the court and ought to know that a
clerk of the Supreme Court and that of the Court of non-judicial person has no place in the judicial
Appeals shall keep office at Manila and all papers service. His admission that he did not find any
authorized or required to be field, therein shall be reason to report to the Supreme Court the presence
filed at Manila. of "Sheriff" Rogelio A. Tria in Branch 47 since the
orders for his assignment came from Judge
Duty of a clerk of court Veneracion showed gross ignorance of his role as
branch clerk of court. He has the obligation to report
The Branch Clerk of Court, being the administrative to the Supreme Court anyone in his staff without
assistant of the Presiding Judge, has the duty of proper appointment from the Supreme Court. As
assisting in the management of the calendar of the branch clerk of court, Atty. Linatoc has control of the
court and in other matters not involving the employment records of the court’s staff (Office of the
exercise of judicial discretion or judgment of the Court Administrator v. Judge Veneracion and Branch
judge. He should be a model for his co-employees to Clerk of Court Linatoc, A.M. No. RTJ-99-1432, June 21,
act speedily and with dispatch on their assigned 2000).
tasks to avoid the clogging of the court’s docket, and
thereby assist in the sound and speedy NOTE: The clerk of court was not dismissed but was
administration of justice. Clerks of court must be only fined because of his lack of direct participation
assiduous in performing their official duties and in in the irregularity. The Court was inclined to be
supervising and managing court dockets and record more lenient with him. He was adjudged guilty of
(Office of the Court Administrator v. Sheriff IV Julius simple misconduct in office and fined in the amount
Cabe, A.M. No. P-96-1185, June 26, 2000). of Five Thousand (P5,000.00) Pesos, with warning
that repetition of the same or similar acts would be
Time and again, the Court has emphasized the heavy dealt with more severely.
burden and responsibility which court personnel
are saddled with in view of their exalted positions Issuance by clerk of process
as keepers of public faith. They must be constantly
reminded that any impression of impropriety, The clerk of a superior court shall issue under the
misdeed or negligence in the performance of official seal of the court all ordinary writs and process
functions must be avoided. In the case of Mendoza v. incident to pending cases, the issuance of which
Mabutas, the Court held that it condemns and would does not involve the exercise of functions
never countenance any conduct, act or omission on appertaining to the court or judge only; and may,
the part of all those involved in the administration under the direction of the court or judge, make out
of justice which would violate the norm of public and sign letters of administration, appointments of
accountability and diminish or even just tend to guardians, trustees, and receivers, and all writs and
diminish the faith of the people in the Judiciary process issuing from the court.
(Ibid.).
Duties of the clerk in the absence or by direction
Q: A complaint that was initiated by the Court of the judge
Administrator was filed against Branch Clerk of
Court Rogelio M. Linatoc for grave misconduct. It In the absence of the judge, the clerk may perform
was based on a sworn letter-complaint involving all the duties of the judge in receiving applications,
the acts of "Sheriff" Tria in the implementation petitions, inventories, reports, and the issuance of
all orders and notices that follow as a matter of the Court with the needed supplies. Is Judge
course under these rules, and may also, when Tormis guilty of violation of Supreme Court
directed so to do by the judge, receive the accounts rules, directives, and circulars?
of executors, administrators, guardians, trustees,
and receivers, and all evidence relating to them, or A: Yes, for her failure to comply with her duty of
to the settlement of the estates of deceased persons, providing an efficient court management system in
or to guardianships, trusteeships, or receiverships, her court which includes the preparation and use of
and forthwith transmit such reports, accounts, and docket inventory and monthly report of cases as
evidence to the judge, together with his findings in tools. Although the duty is vested with Mr. Teves, it
relation to the same, if the judge shall direct him to is the duty of Judge Tormis to make sure that the
make findings and include the same in his report. members of her staff perform their duties. This
failure contributed to their inability to keep track of
Clerk shall receive papers and prepare minutes the number of cases assigned as well as to account
for all the cases and records assigned to the court.
The clerk of each superior court shall receive and The OCA likewise found that Mr. Teves repeatedly
file all pleadings and other papers properly submitted inaccurate reports as to the actual
presented, endorsing on each such paper the time number of cases pending with their court. This is
when it was filed, and shall attend all of the sessions brought about by their failure to adopt an efficient
of the court and enter its proceedings for each day system of monitoring their cases. Again, this is the
in a minute book to be kept by him. primary responsibility of Judge Tormis. Finally, the
OCA noted that Judge Tormis failed to conduct an
Safekeeping of property actual physical inventory of cases to keep abreast of
the status of the pending cases and to be informed
The clerk shall safely keep all records, papers, files, that every case is in proper order. If the same was
exhibits and public property committed to his conducted, she would have discovered that Mr.
charge, including the library of the court, and the Teves had been committing a mistake in the
seals and furniture belonging to his office. inventory of cases. Likewise, Mr. Teves is liable for
simple neglect of duty (Office of the Court
General Docket Administrator v. Hon. Rosabella M. Tormis, A.M. No.
MTJ-12-1817, March 12, 2013).
The clerk shall keep a general docket, each page of
which shall be numbered and prepared for Judgment and entries book
receiving all the entries in a single case, and shall
enter therein all cases, numbered consecutively in The clerk shall keep a judgment book containing a
the order in which they were received, and, under copy of each judgment rendered by the court in
the heading of each case and a complete title order of its date, and a book of entries of judgments
thereof, the date of each paper filed or issued, of containing at length in chronological order entries
each order or judgment entered, and of each other of all final judgments or orders of the court.
step taken in the case so that by reference to a single
page the history of the case may be seen. Execution book
Q: Judge Tormis was accused of mismanagement The clerk shall keep an execution book in which he
of the court and case records. The report or his deputy shall record at length in chronological
revealed that Branch 4 failed to maintain a each execution, and the officer’s return thereon, by
docket book or any similar system of record- virtue of which real property has been sold.
keeping and monitoring and to keep a General
Docket Book pursuant to Section 8, Rule 136 of Certified copies
the Rules of Court. Judge Tormis claimed that
she faithfully conducted semestral physical The clerk shall prepare, for any person demanding
inventories of case records except during the the same, a copy certified under the seal of the court
period which comprised her three suspensions of any paper, record, order, judgment, or entry in his
as she was then denied access to her courtroom office, proper to be certified, for the fees prescribed
and case records. On the other hand, the Clerk of by these rules.
Court, Mr. Teves explained that the alleged error Index
in his reports can be attributed to the
discrepancy in procedure or appreciation in the The general docket, judgment book, entries book
preparation of the reports. He claimed that their and execution book shall be indexed in alphabetical
court indeed did not maintain a general docket order in the names of the parties, and each of them.
book, because they have not been provided by If the court so directs, the clerk shall keep two or
more of either or all of the books and dockets above- An orderly and efficient case management system is
mentioned, separating civil from criminal cases, or no doubt essential in the expeditious disposition of
actions from special proceedings, or otherwise judicial caseloads, because only thereby can the
keeping cases separated by classes as the court shall judges, branch clerks of courts, and the clerks-in-
deem best. charge of the civil and criminal dockets ensure that
the court records, which will be the bases for
Taking of record from the clerk’s office rendering the judgments and dispositions, and the
review of the judgments and dispositions on appeal,
GR: No record shall be taken from the clerk’s office if any, are intact, complete, updated, and current.
without an order of the court except as otherwise Such a system necessarily includes the regular and
provided by these rules. continuing physical inventory of cases to enable the
judge to keep abreast of the status of the pending
XPN: The Solicitor General or any of his assistants, cases and to be informed that everything in the
the provincial fiscal or his deputy, and the attorneys court is in proper order. In contrast, mismanaged or
de officio shall be permitted, upon proper receipt, to incomplete records, and the lack of periodic
withdraw from the clerk’s office the record of any inventory definitely cause unwanted delays in
cases in which they are interested. litigations and inflict unnecessary expenses on the
parties and the State (In Re: Report on the Judicial
Docket and other records of inferior courts Audit Conducted in the Regional Trial Court, Br. 45,
Urdaneta City, Pangasinan, A.M. No. 08-4-253-RTC,
Every municipal and city judge shall keep a well- January 12, 2011).
bound book labeled docket, in which he shall enter
for each case: Inventory of cases
a. The title of the case including the names of all Although the presiding judge and his or her staff
the parties; share the duty of taking a continuing and regular
b. The nature of the case, whether civil or criminal, inventory of cases, the responsibility primarily
and if the latter, the offense charged; resides in the presiding judge. The continuity and
c. The date of issuing preliminary and regularity of the inventory are designed to invest
intermediate processes including orders of the judge and the court staff with the actual
arrest and subpoenas, and the date and nature knowledge of the movements, number, and ages of
of the return thereon; the cases in the docket of their court, knowledge
d. The date of the appearance or default of the essential to the efficient management of caseload.
defendant; The judge should not forget that he or she is duty-
e. The date of presenting the plea, answer, or bound to perform efficiently, fairly, and with
motion to quash, and the nature of the same; reasonable promptness all his or her judicial duties,
f. The minutes of the trial, including the date including the delivery of reserved decisions. Thus,
thereof and of all adjournments; the judge must devise an efficient recording and
g. The names and addresses of all witnesses; filing system for his or her court that enables him or
h. The date and nature of the judgment, and, in a her to quickly monitor cases and to manage the
civil case, the relief granted; speedy and timely disposition of the cases (Ibid.).
i. An itemized statement of the costs;
j. The date of any execution issued, and the date Stenographer
and contents of the return thereon; and
k. The date of any notice of appeal filed, and the It shall be the duty of the stenographer who has
name of the party filing the same. attended a session of a court either in the morning
or in the afternoon, to deliver to the clerk of court,
A municipal (or city) judge may keep two dockets, immediately at the close of such morning or
one for civil and one for criminal cases. He shall also afternoon session, all the notes he has taken, to be
keep all the pleadings and other papers and exhibits attached to the record of the case; and it shall
in cases pending in his court, and shall certify copies likewise be the duty of the clerk to demand that the
of his docket entries and other records proper to be stenographer comply with said duty. The clerk of
certified, for the fees prescribed by these rules. It court shall stamp the date on which such notes are
shall not be necessary for the municipal (or city) received by him. When such notes are transcribed
judge to reduce to writing the testimony of the transcript shall be delivered to the clerk, duly
witnesses, except that of the accused in preliminary initialed on each page thereof, to be attached to the
investigations. record of the case. Whenever requested by a party,
any statement made by a judge of First Instance, or
by a commissioner, with reference to a case being
tried by him, or to any of the parties thereto, or to The following persons are also entitled to receive
any witness or attorney, during the hearing of such fees/ compensation under rule 141:
case, shall be made of record in the stenographic
notes. 1. Stenographers
2. Witnesses
LEGAL FEES 3. Appraisers
(RULE 141, A.M. NO. 04-2-04-SC) 4. Commissioners in eminent domain proceedings
5. Commissioners in the proceedings for partition
MANNER OF PAYMENT of real estate
Payment shall be made upon the filing of the NOTE: The persons herein authorized to collect
pleading or other application which initiates an legal fees shall be accountable officers and shall be
action or proceeding. The fees prescribed shall be required to post bond in such amount as prescribed
paid in full upon filing of the pleading or application. by the law.
Q: Plaintiff Jun Ahorro filed a complaint for Basis of the amount of fee in filing an action or
collection of sum of money before the Regional proceeding with the Court of Tax Appeals
Trial Court of Manila. Because of the large
amount of his claim, he had to pay a sizeable 1. In an action or proceeding, including petition
docket fee. He insisted on paying the docket fee for intervention, and for all services in the
and other fees in installments because same – amount of fee would be based on the:
staggered payment is allowed under Rule 141,
as amended. The Office of the Clerk of Court a. Sum claimed or amount of disputed tax or
(OCC) refused to accept the complaint unless he customs assessment, inclusive of interest,
paid the full amount of the docket and other penalties and surcharges, damages of
required fees. Plaintiff Jun Ahorro’s position whatever kind and attorney’s fees; and
correct? (2013 Bar Question) b. Value of the article of property in seizure
cases.
A: No, docket and other required fees must be paid
in full (A.M. No. 00-2-01-SC) If the value of the subject matter cannot be
estimated – P 5,000.
FEES IN LIEN
2. Petition for review from a decision of the RTC
Where the court in its final judgment awards a claim or of the Central Board of Assessment Appeals
not alleged, or a relief different from, or more than or a special civil action with the CTA or an
that claimed in the pleading, the party concerned appeal from a decision of a CTA Division to the
shall pay the additional fees which shall constitute a CTA En Banc – P3,000.00.
lien on the judgment in satisfaction of said lien.
Consequences if fees are not paid
PERSONS AUTHORIZED TO COLLECT LEGAL
FEES If the fees are not paid, the court may refuse to
proceed with the action until they are paid and may
Except as otherwise provided, these officers and dismiss the action or proceedings.
persons, together with their assistants and deputies,
may demand, receive, and take the several fees Basis of the amount of fee in filing permissive OR
hereinafter mentioned and allowed for any business COMPULSORY counter-claim, CROSS-CLAIM,
by them respectively done by virtue of their several money claim against an estate not based on
offices, and no more: judgment, third-party, fourth-party, etc.
complaint, complaint-in-intervention in the RTC
1. Clerks of the Supreme Court, Court of Appeals,
Sandiganbayan and Court of Tax Appeals TOTAL SUM CLAIMED, inclusive of interests,
2. Clerks of Regional Trial Courts penalties, surcharges, damages of whatever kind,
3. Clerks of Court of the First Level Courts and attorney’s fees, litigation expenses and costs
4. Sheriffs, process servers and other persons In cases involving REAL property in litigation, it
serving processes is based on the fair market value as:
5. Notaries
6. Other officers taking depositions 1. stated in the current tax declaration;
2. current zonal valuation of the bureau of
internal revenue, whichever is higher; or
3. if there is none, the stated value of the Sheriff’s expense is NOT the same as Sheriff’s
property in litigation. fees
In case of PERSONAL property, the FAIR Sheriff’s expenses are not exacted for any service
MARKET value of the property in litigation as rendered by the court; they are the amount
alleged by the claimant. deposited to the Clerk of Court upon filing of the
complaint to defray the actual travel expenses of the
Basis for determining amount of fees in personal sheriff, process server or other court-authorized
actions in first level courts persons in the service of summons, subpoena and
other court processes that would be issued relative
The value of the subject matter involved, or the to the trial of the case. It is not the same as sheriff’s
amount of the demand, inclusive of fees under Section 10, Rule 141 of the Rules of
interests, penalties, surcharges, damages of Court, which refers to those imposed by the court
whatever kind, and attorney’s fees, litigation for services rendered to a party incident to the
expenses and costs. proceedings before it (Re: Letter dated April 18, 2011
of Chief Public Attorney Persida Rueda-Acosta
Basis for determining amount of fees in real Requesting Exemption From the Payment Of Sheriff’s
actions Expenses, A.M. No. 11-10-03-0, July 30, 2013).
The FAIR MARKET value of the property: Persons exempt from payment of legal fees
COSTS
(RULE 142) A: Yes, the rejection by CA indicated that the three
lower courts with legal capacity and official function
RECOVERY OF COSTS to resolve issues, all found the same set of facts. In
this recourse, the petitioners presented no ground
PREVAILING PARTY sufficient to persuade the court to warrant a review
of the uniform findings of fact. Given the
Costs allowed to a prevailing party frivolousness of the appeal, the court imposes treble
costs of suit on the petitioners under Rule
Costs shall be allowed to a prevailing party as a 142(Maglana Rice and Corn Mill Inc. v. Annie L. Tan,
matter of course. However, the court shall have G.R. No. 159051, September 21, 2011).
power, for special reasons, to adjudge that either
party shall pay the costs of an action, or that the FALSE ALLEGATIONS
same be divided, as may be equitable (Sec. 1, Rule
142, RRC). A false allegation made without reasonable cause
and found untrue shall subject the offending party
Costs shall not be allowed to the Republic of the to the reasonable expenses as may have been
Philippines (Sec. 1, Rule 142, RRC) necessarily incurred by the other party by reason of
such untrue pleading. The amount shall be fixed by
Q: Is the Land bank of the Philippines liable to the judge and shall be taxed as costs (Sec. 4, Rule 142,
the cost of suit in the performance of a RRC).
governmental function such as disbursement of
agrarian funds to satisfy awards of just NON-APPEARANCE OF WITNESSES
compensation?
If a witness fails to appear at the time and place
A: No, the Land Bank of the Philippines is in the specified in the subpoena issued by any inferior
performance of a governmental function in an court, the costs of the warrant of arrest and of the
agrarian reform proceeding, hence, according to arrest of the witness shall be borne by him, if the
Rule 142, it is exempt from the payment of costs of court determines that his failure to answer the
suit (Land Bank of the Philippines vs. Esther Anson subpoena was willful and without excuse (Sec. 12,
Rivera, G.R. No. 182431, November17, 2010). Rule 142, RRC).
FRIVOLOUS APPEAL
Agpalo, R. E. (2009). Legal and judicial ethics. Manila: Rex Book Store.
Aguirre, V. V. M. (2006). Legal and judicial ethics: a pre week reviewer. Quezon City: Quicklaw.
Antiquiera, E. C. (1992). Comments on legal and judicial ethics. Manila: Rex Book Store.
Funa, D. B. (2009). Legal and judicial ethics: with bar examination questions. Quezon City: Central Book Supply.
Lapeña, N. P. (2009). Bar review guide in legal and judicial ethics. Quezon City: Central Book Supply.
Pineda, E. L. (1999). Legal ethics: annotated. Quezon City: Central Book Supply.
Pineda, E. L. (2009). Legal ethics: annotated. Quezon City: Central Book Supply.