LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
LEGAL AND JUDICIAL
ETHICS AND
PRACTICAL
EXERCISES
RULES OF COURT
RULE 138
Attorneys and Admission to Bar
Section 1. Who may practice law. — Any person heretofore duly admitted as a
member of the bar, or hereafter admitted as such in accordance with the provisions
of this rule, and who is in good and regular standing, is entitled to practice law.
Section 2. Requirements for all applicants for admission to the bar. — Every applicant
for admission as a member of the bar must be a citizen of the Philippines, at least
twenty-one years of age, of good moral character, and resident of the Philippines;
and must produce before the Supreme Court satisfactory evidence of good moral
character, and that no charges against him, involving moral turpitude, have been filed
or are pending in any court in the Philippines.
Section 3. Requirements for lawyers who are citizens of the United States of America.
— Citizens of the United States of America who, before July 4, 1946, were duly
licensed members of the Philippine Bar, in active practice in the courts of the
Philippines and in good and regular standing as such may, upon satisfactory proof of
those facts before the Supreme Court, be allowed to continue such practice after
taking the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the
practice of law in the Philippines, do solemnly swear that I recognize the
supreme authority of the Republic of the Philippines; I will support its
Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the
doing of any in court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor consent to the same; I will
delay no man for money or malice, and will conduct myself as a lawyer
according to the best of may knowledge and discretion with all good fidelity
as well as to the courts as to my clients; and I impose upon myself this
voluntary obligation without any mental reservation or purpose of evasion.
So help me God.
Section 4. Requirements for applicants from other jurisdictions. — Applicants for
admission who, being Filipino citizens, are enrolled attorneys in good standing in the
Supreme Court of the United States or in any circuit court of appeals or district court
therein, or in the highest court of any State or Territory of the United States, and who
can show by satisfactory certificates that they have practiced at least five years in any
of said courts, that such practice began before July 4, 1946, and that they have never
been suspended or disbarred, may, in the discretion of the Court, be admitted
without examination.
Section 5. Additional requirements for other applicants. — All applicants for
admission other than those referred to in the two preceding section shall, before
being admitted to the examination, satisfactorily show that they have regularly
studied law for four years, and successfully completed all prescribed courses, in a law
school or university, officially approved and recognized by the Secretary of Education.
The affidavit of the candidate, accompanied by a certificate from the university or
school of law, shall be filed as evidence of such facts, and further evidence may be
required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily
completed the following courses in a law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.
Section 6. Pre-Law. — No applicant for admission to the bar examination shall be
admitted unless he presents a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the course of
study prescribed therein for a bachelor's degree in arts or sciences with any of the
following subjects as major or field of concentration: political science, logic, english,
spanish, history and economics.
Section 7. Time for filing proof of qualifications. — All applicants for admission shall
file with the clerk of the Supreme Court the evidence required by section 2 of this rule
at least fifteen (15) days before the beginning of the examination. If not embraced
within section 3 and 4 of this rule they shall also file within the same period the
affidavit and certificate required by section 5, and if embraced within sections 3 and
4 they shall exhibit a license evidencing the fact of their admission to practice,
satisfactory evidence that the same has not been revoked, and certificates as to their
professional standing. Applicants shall also file at the same time their own affidavits
as to their age, residence, and citizenship.
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Section 8. Notice of Applications. — Notice of applications for admission shall be
published by the clerk of the Supreme Court in newspapers published in Pilipino,
English and Spanish, for at least ten (10) days before the beginning of the examination.
Section 9. Examination; subjects. — Applicants, not otherwise provided for in sections
3 and 4 of this rule, shall be subjected to examinations in the following subjects: Civil
Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers); International Law
(Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and
Evidence); Legal Ethics and Practical Exercises (in Pleadings and Conveyancing).
Section 10. Bar examination, by questions and answers, and in writing. — Persons
taking the examination shall not bring papers, books or notes into the examination
rooms. The questions shall be the same for all examinees and a copy thereof, in
English or Spanish, shall be given to each examinee. Examinees shall answer the
questions personally without help from anyone.
Upon verified application made by an examinee stating that his penmanship is so poor
that it will be difficult to read his answers without much loss of time., the Supreme
Court may allow such examinee to use a typewriter in answering the questions. Only
noiseless typewriters shall be allowed to be used.
The committee of bar examiner shall take such precautions as are necessary to
prevent the substitution of papers or commission of other frauds. Examinees shall not
place their names on the examination papers. No oral examination shall be given.
Section 11. Annual examination. — Examinations for admission to the bar of the
Philippines shall take place annually in the City of Manila. They shall be held in four
days to be disignated by the chairman of the committee on bar examiners. The
subjects shall be distributed as follows: First day: Political and International Law
(morning) and Labor and Social Legislation (afternoon); Second day: Civil Law
(morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and
Criminal Law (afternoon); Fourth day: Remedial Law (morning) and legal Ethics and
Practical Exercises (afternoon).
Section 12. Committee of examiners. — Examinations shall be conducted by a
committee of bar examiners to be appointed by the Supreme Court. This committee
shall be composed of a Justice of the Supreme Court, who shall act as chairman, and
who shall be designated by the court to serve for one year, and eight members of the
bar of the Philippines, who shall hold office for a period of one year. The names of the
members of this committee shall be published in each volume of the official reports.
Section 13. Disciplinary measures. — No candidate shall endeavor to influence any
member of the committee, and during examination the candidates shall not
communicate with each other nor shall they give or receive any assistance. The
candidate who violates this provisions, or any other provision of this rule, shall be
barred from the examination, and the same to count as a failure against him, and
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
further disciplinary action, including permanent disqualification, may be taken in the
discretion of the court.
Section 14. Passing average. — In order that a candidate may be deemed to have
passed his examinations successfully, he must have obtained a general average of 75
per cent in all subjects, without falling below 50 per cent in any subjects. In
determining the average, the subjects in the examination shall be given the following
relative weights: Civil Law, 15 per cent; Labor and Social Legislation, 10 per cent;
Mercantile Law, 15 per cent; Criminal Law; 10 per cent: Political and International Law,
15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and
Practical Exercises, 5 per cent.
Section 15. Report of the committee; filing of examination papers. — Not later than
February 15th after the examination, or as soon thereafter as may be practicable, the
committee shall file its report on the result of such examination. The examination
papers and notes of the committee shall be filed with the clerk and may there be
examined by the parties in interest, after the court has approved the report.
Section 16. Failing candidates to take review course. — Candidates who have failed
the bar examinations for three times shall be disqualified from taking another
examination unless they show the satisfaction of the court that they have enrolled in
and passed regular fourth year review classes as well as attended a pre-bar review
course in a recognized law school.
The professors of the individual review subjects attended by the candidates under
this rule shall certify under oath that the candidates have regularly attended classes
and passed the subjects under the same conditions as ordinary students and the
ratings obtained by them in the particular subject.
Section 17. Admission and oath of successful applicants. — An applicant who has
passed the required examination, or has been otherwise found to be entitled to
admission to the bar, shall take and subscribe before the Supreme Court the
corresponding oath of office.
Section 18. Certificate. — The supreme Court shall thereupon admit the applicant as
a member of the bar for all the courts of the Philippines, and shall direct an order to
be entered to that effect upon its records, and that a certificate of such record be
given to him by the clerk of court, which certificate shall be his authority to practice.
Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all
attorneys admitted to practice, which roll shall be signed by the person admitted
when he receives his certificate.
Section 20. Duties of attorneys. — It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support
the Constitution and obey the laws of the Philippines.
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(b) To observe and maintain the respect due to the courts of justice and
judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him
to be just, and such defenses only as he believes to be honestly debatable
under the law.
(d) To employ, for the purpose of maintaining the causes confided to him,
such means only as are consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or false statement of
fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to
preserve the secrets of his client, and to accept no compensation in
connection with his client's business except from him or with his knowledge
and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial
to the honor or reputation of a party or witness, unless required by the justice
of the cause with which he is charged;
(g) Not to encourage either the commencement or the continuance of an
action or proceeding, or delay any man's cause, from any corrupt motive or
interest;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable
means, regardless of his personal opinion as to the guilt of the accused, to
present every defense that the law permits, to the end that no person may
be deprived of life or liberty, but by due process of law.
Section 21. Authority of attorney to appear. — an attorney is presumed to be properly
authorized to represent any cause in which he appears, and no written power of
attorney is required to authorize him to appear in court for his client, but the presiding
judge may, on motion of either party and on reasonable grounds therefor being
shown, require any attorney who assumes the right to appear in a case to produce or
prove the authority under which he appears, and to disclose, whenever pertinent to
any issue, the name of the person who employed him, and may thereupon make such
order as justice requires. An attorneys wilfully appear in court for a person without
being employed, unless by leave of the court, may be punished for contempt as an
officer of the court who has misbehaved in his official transactions.
Section 22. Attorney who appears in lower court presumed to represent client on
appeal. — An attorney who appears de parte in a case before a lower court shall be
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
presumed to continue representing his client on appeal, unless he files a formal
petition withdrawing his appearance in the appellate court.
Section 23. Authority of attorneys to bind clients. — Attorneys have authority to bind
their clients in any case by any agreement in relation thereto made in writing, and in
taking appeals, and in all matters of ordinary judicial procedure. But they cannot,
without special authority, compromise their client's litigation, or receive anything in
discharge of a client's claim but the full amount in cash.
Section 24. Compensation of attorneys; agreement as to fees. — An attorney shall be
entitled to have and recover from his client no more than a reasonable compensation
for his services, with a view to the importance of the subject matter of the controversy,
the extent of the services rendered, and the professional standing of the attorney. No
court shall be bound by the opinion of attorneys as expert witnesses as to the proper
compensation, but may disregard such testimony and base its conclusion on its own
professional knowledge. A written contract for services shall control the amount to
be paid therefor unless found by the court to be unconscionable or unreasonable.
Section 25. Unlawful retention of client's funds; contempt. — When an attorney
unjustly retains in his hands money of his client after it has been demanded, he may
be punished for contempt as an officer of the Court who has misbehaved in his official
transactions; but proceedings under this section shall not be a bar to a criminal
prosecution.
Section 26. Change of attorneys. — An attorney may retire at any time from any
action or special proceeding, by the written consent of his client filed in court. He may
also retire at any time from an action or special proceeding, without the consent of
his client, should the court, on notice to the client and attorney, and on hearing,
determine that he ought to be allowed to retire. In case of substitution, the name of
the attorney newly employed shall be entered on the docket of the court in place of
the former one, and written notice of the change shall be given to the advance party.
A client may at any time dismiss his attorney or substitute another in his place, but if
the contract between client and attorney has been reduced to writing and the
dismissal of the attorney was without justifiable cause, he shall be entitled to recover
from the client the full compensation stipulated in the contract. However, the
attorney may, in the discretion of the court, intervene in the case to protect his rights.
For the payment of his compensation the attorney shall have a lien upon all
judgments for the payment of money, and executions issued in pursuance of such
judgment, rendered in the case wherein his services had been retained by the client.
Section 27. Attorneys removed or suspended by Supreme Court on what grounds. —
A member of the bar may be removed or suspended from his office as attorney by
the Supreme Court for any deceit, malpractice, or other gross misconduct in such
office, grossly immoral conduct, or by reason of his conviction of a crime involving
moral turpitude, or for any violation of the oath which he is required to take before
the admission to practice, or for a wilfull disobedience of any lawful order of a
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superior court, or for corruptly or willful appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers, constitutes malpractice.
Section 28. Suspension of attorney by the Court of Appeals or a Court of First Instance.
— The Court of Appeals or a Court of First Instance may suspend an attorney from
practice for any of the causes named in the last preceding section, and after such
suspension such attorney shall not practice his profession until further action of the
Supreme Court in the premises.
Section 29. Upon suspension by the Court of Appeals or Court of First Instance, further
proceedings in Supreme Court. — Upon such suspension, the Court of Appeals or the
Court of First Instance shall forthwith transmit to the Supreme Court a certified copy
of the order of suspension and a full statement of the facts upon which the same was
based. Upon the receipt of such certified copy and statement, the Supreme Court
shall make a full investigation of the facts involved and make such order revoking or
extending the suspension, or removing the attorney from his office as such, as the
facts warrant.
Section 30. Attorney to be heard before removal or suspension. — No attorney shall
be removed or suspended from the practice of his profession, until he has had full
opportunity upon reasonable notice to answer the charges against him, to produce
witnesses in his own behalf, and to be heard by himself or counsel. But if upon
reasonable notice he fails to appear and answer the accusation, the court may
proceed to determine the matter ex parte.
Section 31. Attorneys for destitute litigants. — A court may assign an attorney to
render professional aid free of charge to any party in a case, if upon investigation it
appears that the party is destitute and unable to employ an attorney, and that the
services of counsel are necessary to secure the ends of justice and to protect the
rights of the party. It shall be the duty of the attorney so assigned to render the
required service, unless he is excused therefrom by the court for sufficient cause
shown.
Section 32. Compensation for attorneys de oficio. — Subject to availability of funds as
may be provided by the law the court may, in its discretion, order an attorney
employed as counsel de oficio to be compensates in such sum as the court may fix in
accordance with section 24 of this rule. Whenever such compensation is allowed, it
shall be not less than thirty pesos (P30) in any case, nor more than the following
amounts: (1) Fifty pesos (P50) in light felonies; (2) One hundred pesos (P100) in less
grave felonies; (3) Two hundred pesos (P200) in grave felonies other than capital
offenses; (4) Five Hundred pesos (P500) in capital offenses.
Section 33. Standing in court of person authorized to appear for Government. — Any
official or other person appointed or designated in accordance with law to appear for
the Government of the Philippines shall have all the rights of a duly authorized
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member of the bar to appear in any case in which said government has an interest
direct or indirect.
Section 34. By whom litigation conducted. — In the court of a justice of the peace a
party may conduct his litigation in person, with the aid of an agent or friend appointed
by him for the purpose, or with the aid an attorney. In any other court, a party may
conduct his litigation personally or by aid of an attorney, and his appearance must be
either personal or by a duly authorized member of the bar.
Section 35. Certain attorneys not to practice. — No judge or other official or employee
of the superior courts or of the Office of the Solicitor General, shall engage in private
practice as a member of the bar or give professional advice to clients.
Section 36. Amicus Curiae. — Experienced and impartial attorneys may be invited by
the Court to appear as amici curiae to help in the disposition of issues submitted to it.
Section 37. Attorneys' liens. — An attorney shall have a lien upon the funds,
documents and papers of his client which have lawfully come into his possession and
may retain the same until his lawful fees and disbursements have been paid, and may
apply such funds to the satisfaction thereof. He shall also have a lien to the same
extent upon all judgments for the payment of money, and executions issued in
pursuance of such judgments, which he has secured in a litigation of his client, from
and after the time when he shall have the caused a statement of his claim of such lien
to be entered upon the records of the court rendering such judgment, or issuing such
execution, and shall have the caused written notice thereof to be delivered to his
client and to the adverse paty; and he shall have the same right and power over such
judgments and executions as his client would have to enforce his lien and secure the
payment of his just fees and disbursements.
RULE 138-A
Law Student Practice Rule
Section 1. Conditions for student practice. — A law student who has successfully
completed his 3rd year of the regular four-year prescribed law curriculum and is
enrolled in a recognized law school's clinical legal education program approved by the
Supreme Court, may appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal, board or officer, to represent
indigent clients accepted by the legal clinic of the law school.
Section 2. Appearance. — The appearance of the law student authorized by this rule,
shall be under the direct supervision and control of a member of the Integrated Bar
of the Philippines duly accredited by the law school. Any and all pleadings, motions,
briefs, memoranda or other papers to be filed, must be signed by the supervising
attorney for and in behalf of the legal clinic.
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Section 3. Privileged communications. — The Rules safeguarding privileged
communications between attorney and client shall apply to similar communications
made to or received by the law student, acting for the legal clinic.
Section 4. Standards of conduct and supervision. — The law student shall comply with
the standards of professional conduct governing members of the Bar. Failure of an
attorney to provide adequate supervision of student practice may be a ground for
disciplinary action. (Circular No. 19, dated December 19, 1986).
RULE 139
Disbarment or Suspension of Attorneys
Section 1. Motion or complaint. — Proceedings for the removal or suspension of
attorneys may be taken by the Supreme Court on its own motion or upon the
complaint under oath of another in writing. The complaint shall set out distinctly,
clearly, and concisely the facts complained of, supported by affidavits, if any, of
persons having personal knowledge of the facts therein alleged and shall be
accompanied with copies of such documents as may substantiate said facts.
Section 2. Service or dismissal. — If the complaint appears to merit action, a copy
thereof shall be served upon the respondent, requiring him to answer the same
within ten (10) days from the date of service. If the complaint does not merit action,
or if the answer shows to the satisfaction of the Supreme Court that the complaint is
not meritorious, the same shall be dismissed.
Section 3. Investigation by Solicitor General. — Upon the issues raised by the
complaint and answer, or upon failure of the respondent to answer, the case shall be
referred to the Solicitor General for investigation to determine if there is sufficient
ground to proceed with the prosecution of the respondent. In the investigation
conducted by the Solicitor General, the respondent shall be given full opportunity to
defend himself, to produce witnesses in his own behalf, and to be heard by himself
and counsel. However, if upon reasonable notice, the respondent fails to appear, the
investigation shall proceed ex parte.
Section 4. Report of the Solicitor General. — Based upon the evidence adduced at the
hearing, if the Solicitor General finds no sufficient ground to proceed against the
respondent, he shall submit a report to the Supreme Court containing his findings of
fact and conclusion, whereupon the respondent shall be exonerated unless the court
orders differently.
Section 5. Complaint of the Solicitor General. Answer of respondent. — If the Solicitor
General finds sufficient ground to proceed against the respondent, he shall file the
corresponding complaint, accompanied with all the evidence introduced in his
investigation, with the Supreme Court, and the respondent shall be served by the
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clerk of the Supreme Court with a copy of the complaint with direction to answer the
same within fifteen (15) days.
Section 6. Evidence produced before Solicitor General available. — The evidence
produced before the Solicitor General in his investigation may be considered by the
Supreme Court in the final decision of the case, if the respondent had an opportunity
to object and cross-examine. If in the respondent's answer no statement is made as
to any intention of introducing additional evidence, the case shall be set down for
hearing, upon the filing of such answer or upon the expiration of the time to file the
same.
Section 7. Commissioner to investigate and recommend. Rules of evidence. — Upon
receipt of the respondent's answer, wherein a statement is made as to his desire to
introduce additional evidence, the case shall be referred to a commissioner who, in
the discretion of the court, may be the clerk of the Supreme Court, a judge of first
instance, or an attorney-at-law for investigation, report, and recommendation. The
Solicitor General or his representative shall appear before the commissioner to
conduct the prosecution. The respondent shall be given full opportunity to defend
himself, to produce additional evidence in his own behalf, and to be heard by himself
and counsel. However, if upon reasonable notice the respondent fails to appear, the
investigation shall proceed ex parte. The rules of evidence shall be applicable to
proceedings of this nature.
Section 8. Report of commissioner and hearing. — Upon receipt of the report of the
commissioner, copies of which shall be furnished the Solicitor General and the
respondent, the case shall be set down for hearing before the court, following which
the case shall be considered submitted to the court for its final determination.
Section 9. Procedure in Court of Appeals or Courts of First Instance. — As far as may
be applicable, the procedure above outlined shall likewise govern the filing and
investigation of complaints against attorneys in the Court of Appeals or in Courts of
First Instance. In case of suspension of the respondent, the judge of the court of first
instance or Justice of the Court of Appeals shall forthwith transmit to the Supreme
Court a certified copy of the order of suspension and a full statement of the facts
upon which same is based.
Section 10. Confidential. — Proceedings against attorneys shall be private and
confidential, except that the final order of the court shall be made public as in other
cases coming before the court.
RULE 139-A
Integrated Bar of the Philippines
Section 1. Organization. — There is hereby organized an official national body to be
known as the "Integrated Bar of the Philippines," composed of all persons whose
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names now appear or may hereafter be included in the Roll of Attorneys of the
Supreme Court.
Section 2. Purposes. — The fundamental purposes of the Integrated Bar shall be to
elevate the standards of the legal profession, improve the administration of justice,
and enable the Bar to discharge its public responsibility more effectively.
Section 3. Regions. — The Philippines is hereby divided into nine Regions of the
Integrated Bar, to wit:
(a) Northern Luzon, consisting of the provinces of Abra, Batanes, Benguet,
Cagayan, Ifugao, Ilocos Norte, Ilocos Sur, Isabela, Kalinga-Apayao, La Union,
Mountain Province, Nueva Vizcaya, and Quirino.
(b) Central Luzon, consisting of the provinces of Bataan, Bulacan, Nueva Ecija,
Pampanga, Pangasinan, Tarlac, and Zambales;
(c) Greater Manila, consisting of the City of Manila and Quezon City;
(d) Southern Luzon, consisting of the provinces of Batangas, Cavite, Laguna,
Marinduque, Occidental Mindoro, Oriental Mindoro, Quezon, and Rizal;
(e) Bicolandia, consisting of the provinces of Albay, Camarines Norte,
Camarines Sur, Catanduanes, Masbate, and Sorsogon;
(f) Eastern Visayas, consisting of the provinces of Bohol, Cebu, Eastern Samar,
Leyte, Northern Samar, Samar, and Southern Leyte;
(g) Western Visayas, consisting of the provinces of Aklan, Antique, Capiz, Iloilo,
Negros Occidental, Negros Oriental, Palawan, Romblon, and Siquijor.
(h) Eastern Mindanao, consisting of the provinces of Agusan del Norte,
Agusan Del Sur, Bukidnon, Camiguin, Davao del Norte, Davao del Sur, Davao
Oriental, Misamis Oriental, Surigao del Norte, and Surigao del Sur; and
(i) Western Mindanao, consisting of the cities of Basilan and Zamboanga, and
the provinces of Cotabato, Lanao del Norte, Lanao del Sur, Misamis
Occidental, South Cotabato, Sulu, Zamboanga del Norte, and Zamboanga del
Sur.
In the event of the creation of any new province, the Board of Governors shall, with
the approval of the Supreme Court, determine the Region to which the said province
shall belong.
Section 4. Chapters. — A Chapter of the Integrated Bar shall be organized in every
province. Except as hereinbelow provided, every city shall be considered part of the
province within which it is geographically situated.
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A separate Chapter shall be organized in each of the following political subdivisions
or areas;
(a) The sub-province of Aurora;
(b) Each congressional district of the City of Manila;
(c) Quezon City;
(d) Caloocan City, Malabon and Navotas;
(e) Pasay City, Makati, Mandaluyong and San Juan del Monte;
(f) Cebu City; and
(g) Zamboanga City and Basilan City.
Unless he otherwise registers his preference for a particular Chapter, a lawyer shall
be considered a member of the Chapter of the province, city, political subdivision or
area where his office, or, in the absence thereof, his residence is located. In no case
shall any lawyer be a member of more than one Chapter.
Each Chapter shall have its own local government as provided for by uniform rules to
be prescribed by the Board of Governors and approved by the Supreme Court, the
provisions of Section 19 of this Rule notwithstanding.
Chapters belonging to the same Region may hold regional conventions on matters
and problems of common concern.
Section 5. House of Delegates. — The Integrated Bar shall have a House of Delegates
of not more than one hundred twenty members who shall be apportioned among all
the Chapters as nearly as may be according to the number of their respective
members, but each Chapter shall have at least one Delegate. On or before December
31, 1974, and every four years thereafter, the Board of Governors shall make an
apportionment of Delegates.
The term of the office of Delegate shall begin on the date of the opening of the annual
convention of the House and shall end on the day immediately preceding the date of
the opening of the next succeeding annual convention. No person may be a Delegate
for more than two terms.
The House shall hold an annual convention at the call of the Board of Governors at
any time during the month of April of each year for the election of Governor, the
reading and discussion of reports including the annual report of the Board of
Governors, the transaction of such other business as may be referred to it by the
Board, and the consideration of such additional matters as may be requested in
writing by at least twenty Delegates. Special conventions of the House may be called
Nigel Carmelo Q. Reago 6

by the Board of Governors to consider only such matters as the Board shall indicate.
A majority of the Delegates who have registered for a convention, whether annual or
special, shall constitute a quorum to do business.
Section 6. Board of Governors. — The Integrated Bar shall be governed by a Board of
Governors. Nine Governors shall be elected by the House of Delegates from the nine
Regions on the representation basis of one Governor from each Region. Each
Governor shall be chosen from a list of nominees submitted by the Delegates from
the Region, provided that not more than one nominee shall come from any Chapter.
The President and the Executive Vice President, if chosen by the Governors from
outside of themselves as provided in Section 7 of this Rule, shall ipso facto become
members of the Board.
The members of the Board shall hold office for a term of one year from the date of
their election and until their successors shall have been duly elected and qualified. No
person may be a Governor for more than two terms.
The Board shall meet regularly once every three months, on such date and such time
and place as it shall designate. A majority of all the members of the Board shall
constitute a quorum to do business. Special meetings may be called by the President
or by five members of the Board.
Subject to the approval of the Supreme Court, the Board shall adopt By-Laws and
promulgate Canons of Professional Responsibility for all members of the Integrated
Bar. The By-Laws and the Canons may be amended by the Supreme Court motu
propio or upon the recommendation of the Board of Governors.
The Board shall prescribe such other rules and regulations as may be necessary and
proper to carry out the purposes of the Integrated Bar as well as the provisions of this
Rule.
Section 7. Officers. — The Integrated Bar shall have a President and an Executive Vice
President who shall be chosen by the Governors immediately after the latter's
election, either from among themselves or from other members of the Integrated Bar,
by the vote of at least five Governors. Each of the regional members of the Board shall
be ex officio Vice President for the Region which he represents.
The President and the Executive Vice President shall hold office for a term of one year
from the date of their election and until their successors shall have duly qualified. The
Executive Vice President shall automatically become the President for the next
succeeding full term. The Presidency shall rotate from year to year among all the nine
Regions in such order or rotation as the Board of Governors shall prescribe. No person
shall be President or Executive Vice President of the Integrated Bar for more than one
term.
The Integrated Bar shall have a Secretary, a Treasurer, and such other officers and
employees as may be required by the Board of Governors, to be appointed by the
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
President with the consent of the Board, and to hold office at the pleasure of the
Board or for such terms as it may fix. Said officers and employees need not be
members of the Integrated Bar.
Section 8. Vacancies. — In the event the President is absent or unable to act, his
duties shall be performed by the Executive Vice President; and in the event of the
death, resignation, or removal of the President, the Executive Vice President shall
serve as Acting President during the remainder of the term of the office thus vacated.
In the event of the death, resignation, removal, or disability of both the President and
the Executive Vice President, the Board of Governors shall elect an Acting President
to hold office until the next succeeding election or during the period of disability.
The filling of vacancies in the House of Delegates, Board of Governors, and all other
positions of Officers of the Integrated Bar shall be as provided in the By-Laws.
Whenever the term of an office or position is for a fixed period, the person chosen to
fill a vacancy therein shall serve only for the unexpired term.
Section 9. Membership dues. — Every member of the Integrated Bar shall pay such
annual dues as the Board of Governors shall determine with the approval of the
Supreme Court. A fixed sum equivalent to ten percent (10%) of the collection from
each Chapter shall be set aside as a Welfare Fund for disabled members of the
Chapter and the compulsory heirs of deceased members thereof.
Section 10. Effect of non-payment of dues. — Subject to the provisions of Section 12
of this Rule, default in the payment of annual dues for six months shall warrant
suspension of membership in the Integrated Bar, and default in such payment for one
year shall be a ground for the removal of the name of the delinquent member from
the Roll of Attorneys.
Section 11. Voluntary termination of membership; re-instatement. — A member may
terminate his membership by filing a written notice to that effect with the Secretary
of the Integrated Bar, who shall immediately bring the matter to the attention of the
Supreme Court. Forthwith he shall cease to be a member and his name shall be
stricken by the Court from the Roll of Attorneys. Reinstatement may be made by the
Court in accordance with rules and regulations prescribed by the Board of Governors
and approved by the Court.
Section 12. Grievance procedures. — The Board of Governors shall provide in the By-
Laws for grievance procedures for the enforcement and maintenance of discipline
among all the members of the Integrated Bar, but no action involving the suspension
or disbarment of a member or the removal of his name from the Roll of Attorneys
shall be effective without the final approval of the Supreme Court.
Section 13. Non-political Bar. — The Integrated Bar shall be strictly non-political, and
every activity tending to impair this basic feature is strictly prohibited and shall be
penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or
prosecutory office in the Government or any political subdivision or instrumentality
Nigel Carmelo Q. Reago 7

thereof shall be eligible for election of appointment to any position in the Integrated
Bar or any Chapter thereof shall be considered ipso facto resigned from his position
as of the moment he files his certificate of candidacy for any elective public office or
accepts appointment to any judicial, quasi-judicial, or prosecutory office in the
Government or any political subdivision or instrumentality thereof.
Section 14. Positions honorary. — Except as may be specifically authorized or allowed
by the Supreme Court, no Delegate or Governor and no national or local Officer or
committee member shall receive any compensation, allowance or emolument from
the funds of the Integrated Bar for any service rendered therein or be entitled to
reimbursement for any expense incurred in the discharge of his functions.
Section 15. Fiscal matters. — The Board of Governors shall administer the funds of
the Integrated Bar and shall have the power to make appropriations and
disbursements therefrom. It shall cause proper Books of Accounts to be kept and
Financial Statements to be rendered and shall see to it that the proper audit is made
of all accounts of the Integrated Bar and all the Chapters thereof.
Section 16. Journal. — The Board of Governors shall cause to be published a quarterly
Journal of the Integrated Bar, free copies of which shall be distributed to every
member of the Integrated Bar.
Section 17. Voluntary Bar associations. — All voluntary Bar associations now existing
or which may hereafter be formed may co-exist with the Integrated Bar but shall not
operate at cross-purposes therewith.
Section 18. Amendments. — This Rule may be amended by the Supreme Court motu
propio or upon the recommendation of the Board of Governors or any Chapter of the
Integrated Bar.
Section 19. Organizational period. — The Commission on Bar Integration shall
organize the local Chapters and toward this end shall secure the assistance of the
Department of Justice and of all Judges throughout the Philippines. All Chapter
organizational meetings shall be held on Saturday, February 17, 1973. In every case,
the Commission shall cause proper notice of the date, time and place of the meeting
called to organize a Chapter shall constitute a quorum for the purpose, including the
election of a President, a Vice President, a Secretary, a Treasurer, and five Directors.
The Commission shall initially fix the number of Delegates and apportion the same
among all the Chapters as nearly as may be in proportion to the number of their
respective members, but each Chapter shall have at least one Delegate. The President
of each Chapter shall concurrently be its Delegate to the House of Delegates. The Vice
President shall be his alternate, except where the Chapter is entitled to have more
than one Delegate, in which case the Vice President shall also be a Delegate.
The Board of Directors of the Chapter shall in proper cases elect additional as well as
alternate Delegates.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
The House of Delegates shall convene in the City of Manila on Saturday, March 17,
1973 for the Purpose of electing a Board of Governors. The Governors shall
immediately assume office and forthwith meet to elect the Officers of the Integrated
Bar. The Officers so chosen shall immediately assume their respective positions.
Section 20. Effectivity. — This Rule shall take effect on January 16, 1973.
RULE 139-B
Disbarment and Discipline of Attorneys
Section 1. How Instituted. — Proceedings for the disbarment, suspension, or
discipline of attorneys may be taken by the Supreme Court motu propio, or by the
Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The
complaint shall state clearly and concisely the facts complained of and shall be
supported by affidavits of persons having personal knowledge of the facts therein
alleged and/or by such documents as may substantiate said facts.
The IBP Board of Governors may, motu propio or upon referral by the Supreme Court
or by a Chapter Board of Officers, or at the instance of any person, initiate and
prosecute proper charges against erring attorneys including those in the government
service.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or
the Secretary of any of its chapter who shall forthwith transmit the same to the IBP
Board of Governors for assignment to an investigator.
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
Section 2. National Grievance Investigators. — The Board of Governors shall appoint
from among IBP members an Investigator or, when special circumstances so warrant,
a panel of three (3) investigators to investigate the complaint. All Investigators shall
take an oath of office in the form prescribed by the Board of Governors. A copy of the
Investigator's appointment and oath shall be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth degree
of consanguinity of affinity to any of the parties of their counsel, pecuniary interest,
personal bias, or his having acted as counsel to his acting as such Investigator. Where
the Investigator does not disqualify himself, a party may appeal to the IBP Board of
Governors, which by majority vote of the members present, there being a quorum,
may order his disqualification.
Any Investigator may also be removed for cause, after due hearing, by the vote of at
least six (6) members of the IBP Board of Governors. The decision of the Board of
Governors in all cases of disqualification or removal shall be final.
Nigel Carmelo Q. Reago 8

Section 3. Duties of the National Grievance Investigator. — The National Grievance
Investigators shall investigate all complaints against members of the Integrated Bar
referred to them by the IBP Board of Governors.
Section 4. Chapter assistance to complainant. — The proper IBP Chapter may assist
the complainant(s) in the preparation and filing of his complaint(s).
Section 5. Service or dismissal. — If the complaint appears to be meritorious, the
Investigator shall direct that a copy thereof be served upon the respondent, requiring
him to answer the same within fifteen (15) days from the date of service. If the
complaint does not merit action, or if the answer shows to the satisfaction of the
Investigator that the complaint is not meritorious, the same may be dismissed by the
Board of Governors upon his recommendation. A copy of the resolution of dismissal
shall be furnished the complainant and the Supreme Court which may review the
case motu propio or upon timely appeal of the complainant filed within 15 days from
notice of the dismissal of the complainant.
No investigation shall be interrupted or terminated by reason of the desistance,
settlement, compromise, restitution, withdrawal of the charges, or failure of the
complainant to prosecute the same, unless the Supreme Court motu propio or upon
recommendation of the IBP Board of Governors, determines that there is no
compelling reason to continue with the disbarment or suspension proceedings against
the respondent. (Amendment pursuant to Supreme Court Resolution dated May 27,
1993 re Bar Matter 356).
Section 6. Verification and service of answer. — The answer shall be verified. The
original and five (5) legible copies of the answer shall be filed with the Investigator,
with proof of service of a copy thereof on the complainant or his counsel.
Section 7. Administrative counsel. — The IBP Board of Governors shall appoint a
suitable member of the Integrated Bar as counsel to assist the complainant of the
respondent during the investigation in case of need for such assistance.
Section 8. Investigation. — Upon joinder of issues or upon failure of the respondent
to answer, the Investigator shall, with deliberate speed, proceed with the
investigation of the case. He shall have the power to issue subpoenas and administer
oaths. The respondent shall be given full opportunity to defend himself, to present
witnesses on his behalf, and be heard by himself and counsel. However, if upon
reasonable notice, the respondent fails to appear, the investigation shall proceed ex
parte.
The Investigator shall terminate the investigation within three (3) months from the
date of its commencement, unless extended for good cause by the Board of
Governors upon prior application.
Willful failure or refusal to obey a subpoena or any other lawful order issued by the
Investigator shall be dealt with as for indirect contempt of court. The corresponding
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
charge shall be filed by the Investigator before the IBP Board of Governors which shall
require the alleged contemnor to show cause within ten (10) days from notice. The
IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance
with the procedure set forth in this Rule for hearings before the Investigator. Such
hearing shall as far as practicable be terminated within fifteen (15) days from its
commencement. Thereafter, the IBP Board of Governors shall within a like period of
fifteen (15) days issue a resolution setting forth its findings and recommendations,
which shall forthwith be transmitted to the Supreme Court for final action and if
warranted, the imposition of penalty.
Section 9. Depositions. — Depositions may be taken in accordance with the Rules of
Court with leave of the investigator(s).
Within the Philippines, depositions may be taken before any member of the Board of
Governors, the President of any Chapter, or any officer authorized by law to
administer oaths.
Depositions may be taken outside the Philippines before diplomatic or consular
representative of the Philippine Government or before any person agreed upon by
the parties or designated by the Board of Governors.
Any suitable member of the Integrated Bar in the place where a deposition shall be
taken may be designated by the Investigator to assist the complainant or the
respondent in taking a deposition.
Section 10. Report of Investigator. — Not later than thirty (30) days from the
termination of the investigation, the Investigator shall submit a report containing his
findings of fact and recommendations to the IBP Board of Governors, together with
the stenographic notes and the transcript thereof, and all the evidence presented
during the investigation. The submission of the report need not await the
transcription of the stenographic notes, it being sufficient that the report reproduce
substantially from the Investigator's personal notes any relevant and pertinent
testimonies.
Section 11. Defects. — No defect in a complaint, notice, answer, or in the proceeding
or the Investigator's Report shall be considered as substantial unless the Board of
Governors, upon considering the whole record, finds that such defect has resulted or
may result in a miscarriage of justice, in which event the Board shall take such
remedial action as the circumstances may warrant, including invalidation of the entire
proceedings.
Section 12. Review and decision by the Board of Governors.
a) Every case heard by an investigator shall be reviewed by the IBP Board of
Governors upon the record and evidence transmitted to it by the Investigator
with his report. The decision of the Board upon such review shall be in writing
and shall clearly and distinctly state the facts and the reasons on which it is
Nigel Carmelo Q. Reago 9
 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

based. It shall be promulgated within a period not exceeding thirty (30) days
from the next meeting of the Board following the submittal of the
Investigator's Report.
b) If the Board, by the vote of a majority of its total membership, determines
that the respondent should be suspended from the practice of law or
disbarred, it shall issue a resolution setting forth its findings and
recommendations which, together with the whole record of the case, shall
forthwith be transmitted to the Supreme Court for final action.
c) If the respondent is exonerated by the Board or the disciplinary sanction
imposed by it is less than suspension or disbarment (such as admonition,
reprimand, or fine) it shall issue a decision exonerating respondent or
imposing such sanction. The case shall be deemed terminated unless upon
petition of the complainant or other interested party filed with the Supreme
Court within fifteen (15) days from notice of the Board's resolution, the
Supreme Court orders otherwise.
d) Notice of the resolution or decision of the Board shall be given to all parties
through their counsel. A copy of the same shall be transmitted to the
Supreme Court.
B. PROCEEDINGS IN THE SUPREME COURT
Section 13. Supreme Court Investigation. — In proceedings initiated motu propio by
the Supreme Court or in other proceedings when the interest of justice so requires,
the Supreme Court may refer the case for investigation to the Solicitor-General or to
any officer of the Supreme Court or judge of a lower court, in which case the
investigation shall proceed in the same manner provided in sections 6 to 11 hereof,
save that the review of the report of investigation shall be conducted directly by the
Supreme Court.
Section 16. Suspension of attorney by the Court of Appeals or a Regional Trial
Court. 1 — The Court of Appeals or Regional Trial Court may suspend an attorney
from practice for any of the causes named in Rule 138, Section 27 2, until further
action of the Supreme Court in the case.
Section 17. Upon suspension by Court of Appeals or Regional Trial Court, further
proceedings in Supreme Court. — Upon such suspension, the Court of Appeals or a
Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of
the order of suspension and a full statement of the facts upon which the same was
based. Upon receipt of such certified copy and statement, the Supreme Court shall
make a full investigation of the case and may revoke, shorten or extend the
suspension, or disbar the attorney as the facts may warrant.
Section 18. Confidentiality. — Proceedings against attorneys shall be private and
confidential. However, the final order of the Supreme Court shall be published like its
decisions in other cases.
Section 19. Expenses. — All reasonable and necessary expenses incurred in relation
to disciplinary and disbarment proceedings are lawfull charges for which the parties
may be taxed as costs.
Section 20. Effectivity and Transitory Provision. — This Rule shall take effect June 1,
1988 and shall supersede the present Rule 139 entitled "DISBARMENT OR
SUSPENSION OF ATTORNEYS". All cases pending investigation by the Office of the
Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of
Governors for investigation and disposition as provided in this Rule except those cases
where the investigation has been substantially completed.

Section 14. Report of the Solicitor General of other Court-designated Investigator. —

Based upon the evidence adduced at the investigation, the Solicitor General or other
Investigator designated by the Supreme Court shall submit to the Supreme Court a
report containing his findings of fact and recommendations for the final action of the
Supreme Court.

C. COMMON PROVISIONS

Section 15. Suspension of attorney by Supreme Court. — After receipt of respondent's

answer or lapse of the period therefor, the Supreme Court, motu propio, or at the
instance of the IBP Board of Governors upon the recommendation of the Investigator,
may suspend an attorney from the practice of his profession for any of the causes
specified in Rule 138, Section 27, during the pendency of the investigation until such
suspension is lifted by the Supreme Court.

Nigel Carmelo Q. Reago 10

 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

Bar Matter No. 1153

Quoted hereunder, for your information, is a resolution of the Court En Banc dated
March 9, 2010
B.M. No. 1153 (Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar
Examinations Through Amendments to Rule 138 of the Rules of Court). - The Court
Resolved to APPROVE the proposed amendments to Sections 5 and 6 of Rule 138, to
wit:
“SEC. 5.Additional Requirement for Other Applicants. — All applicants for
admission other than those referred to in the two preceding sections shall,
before being admitted to the examination, satisfactorily show that they have
successfully completed all the prescribed courses for the degree of Bachelor
of Laws or its equivalent degree, in a law school or university officially
recognized by the Philippine Government or by the proper authority in the
foreign jurisdiction where the degree has been granted.
No applicant who obtained the Bachelor of Laws degree in this jurisdiction
shall be admitted to the bar examination unless he or she has satisfactorily
completed the following course in a law school or university duly recognized
by the government: civil law, commercial law, remedial law, criminal law,
public and private international law, political law, labor and social legislation,
medical jurisprudence, taxation and legal ethics.
A Filipino citizen who graduated from a foreign law school shall be admitted
to the bar examination only upon submission to the Supreme Court of
certifications showing: (a) completion of all courses leading to the degree of
Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of
the law school by the proper authority; and (c) completion of all the fourth
year subjects in the Bachelor of Laws academic program in a law school duly
recognized by the Philippine Government.
SEC. 6.Pre-Law. — An applicant for admission to the bar examination shall
present a certificate issued by the proper government agency that, before
commencing the study of law, he or she had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the
course of study prescribed therein for a bachelor's degree in arts or sciences.
A Filipino citizen who completed and obtained his or her Bachelor of Laws
degree or its equivalent in a foreign law school must present proof of having
completed a separate bachelor's degree course.
The Clerk of Court, through the Office of the Bar Confidant, is hereby directed
to CIRCULARIZE this resolution among all law schools in the country."

Nigel Carmelo Q. Reago 11


Republic Act No. 9225 August 29, 2003
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE
CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT.
NO. 63, AS AMENDED AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-
acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all
Philippine citizens of another country shall be deemed not to have lost their Philippine
citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary
notwithstanding, natural-born citizenship by reason of their naturalization as citizens
of a foreign country are hereby deemed to have re-acquired Philippine citizenship
upon taking the following oath of allegiance to the Republic:
"I _____________________, solemny swear (or affrim) that I will support and
defend the Constitution of the Republic of the Philippines and obey the laws
and legal orders promulgated by the duly constituted authorities of the
Philippines; and I hereby declare that I recognize and accept the supreme
authority of the Philippines and will maintain true faith and allegiance thereto;
and that I imposed this obligation upon myself voluntarily without mental
reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act, become
citizens of a foreign country shall retain their Philippine citizenship upon taking the
aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child, whether legitimate,
illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire
Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the
Philippines.
Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire
Philippine citizenship under this Act shall enjoy full civil and political rights and be
subject to all attendant liabilities and responsibilities under existing laws of the
Philippines and the following conditions:
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
(1) Those intending to exercise their right of surffrage must Meet the
requirements under Section 1, Article V of the Constitution, Republic Act No.
9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and
other existing laws;
(2) Those seeking elective public in the Philippines shall meet the qualification
for holding such public office as required by the Constitution and existing laws
and, at the time of the filing of the certificate of candidacy, make a personal
and sworn renunciation of any and all foreign citizenship before any public
officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath
of allegiance to the Republic of the Philippines and its duly constituted
authorities prior to their assumption of office: Provided, That they renounce
their oath of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply
with the proper authority for a license or permit to engage in such practice;
and
(5) That right to vote or be elected or appointed to any public office in the
Philippines cannot be exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country
of which they are naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned
officers in the armed forces of the country which they are naturalized
citizens.
Section 6. Separability Clause - If any section or provision of this Act is held
unconstitutional or invalid, any other section or provision not affected thereby shall
remain valid and effective.
Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Section 8. Effectivity Clause – This Act shall take effect after fifteen (15) days
following its publication in theOfficial Gazette or two (2) newspaper of general
circulation.
Nigel Carmelo Q. Reago 12
 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

The Lawyer's Oath

I___________ of ___________ do solemnly swear that I will maintain

allegiance to the Republic of the Philippines; I will support its Constitution and
obey laws as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any court; I will
not wittingly nor willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or
malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion with all good fidelity as well to the courts as to my
clients; and I impose upon myself this voluntary obligations without any
mental reservation or purpose of evasion. So help me God.

Nigel Carmelo Q. Reago 13


CODE OF PROFESSIONAL RESPONSIBILITY
(Promulgated June 21, 1988)
CHAPTER I. THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law
or at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit
or proceeding or delay any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy
if it will admit of a fair settlement.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN
EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE,
INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse
to render legal advice to the person concerned if only to the extent necessary to
safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY
TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT
OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall
be used. The continued use of the name of a deceased partner is permissible provided
that the firm indicates in all its communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm
and his name shall be dropped from the firm name unless the law allows him to
practice law currently.
Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL
SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS
TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL
TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES
IN THE DISCHARGE OF THEIR TASKS.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. The suppression of facts or the concealment of
witnesses capable of establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
Rule 6.02 - A lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to interfere with his
public duties.
Nigel Carmelo Q. Reago 14

Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement
or employment in connection with any matter in which he had intervened while in
said service.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY
OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED
BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the bar.
Rule 7.02 - A lawyer shall not support the application for admission to the bar of any
person known by him to be unqualified in respect to character, education, or other
relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness
to practice law, nor shall he whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer, without fear or
favor, to give proper advice and assistance to those seeking relief against unfaithful
or neglectful counsel.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
UNAUTHORIZED PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of
any task which by law may only be performed by a member of the bar in good
standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with
persons not licensed to practice law, except:
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
(a) Where there is a pre-existing agreement with a partner or associate that,
upon the latter's death, money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a
deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement
plan even if the plan is based in whole or in part, on a profit sharing
agreement.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE
COURT.
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in
Court; nor shall he mislead, or allow the Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a
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 amendment, or assert as a fact that which has not been proved.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them
to defeat the ends of justice.
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT
BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language
or behavior before the Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities
only.
Nigel Carmelo Q. Reago 15

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY
TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared
himself on the law and the facts of his case, the evidence he will adduce and the order
of its proferrence. He should also be ready with the original documents for
comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same or offering an
explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess
in the trial, while the witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or
to impersonate another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a) on formal matters, such as the mailing, authentication or custody of an
instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential to the
ends of justice, in which event he must, during his testimony, entrust the trial
of the case to another counsel.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN
FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE
APPEARANCE OF INFLUENCING THE COURT.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with Judges.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
Rule 13.02 - A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
Rule 13.03 - A lawyer shall not brook or invite interference by another branch or
agency of the government in the normal course of judicial proceedings.
CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the
latter's race, sex. creed or status of life, or because of his own opinion regarding the
guilt of said person.
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amicus curiae, or a request from the
Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective
client or between a present client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional
fees shall observe the same standard of conduct governing his relations with paying
clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL
HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon
as practicable whether the matter would involve a conflict with another client or his
own interest, and if so, shall forthwith inform the prospective client.
Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in
respect of matters disclosed to him by a prospective client.
Rule 15.03. - A lawyer shall not represent conflicting interests except by written
consent of all concerned given after a full disclosure of the facts.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
Nigel Carmelo Q. Reago 16

Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion
on the merits and probable results of the client's case, neither overstating nor
understating the prospects of the case.
Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public
official, tribunal or legislative body.
Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the
principles of fairness.
Rule 15.08. - A lawyer who is engaged in another profession or occupation
concurrently with the practice of law shall make clear to his client whether he is acting
as a lawyer or in another capacity.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF
HIS CLIENT THAT MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all money or property collected or received for
or from the client.
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his
own and those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or
upon demand. However, he shall have a lien over the funds and may apply so much
thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice
promptly thereafter to his client. He shall also have a lien to the same extent on all
judgments and executions he has secured for his client as provided for in the Rules of
Court.
Rule 16.04 - A lawyer shall not borrow money from his client unless the client's
interest are fully protected by the nature of the case or by independent advice.
Neither shall a lawyer lend money to a client except, when in the interest of justice,
he has to advance necessary expenses in a legal matter he is handling for the client.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should
know that he is not qualified to render. However, he may render such service if, with
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
the consent of his client, he can obtain as collaborating counsel a lawyer who is
competent on the matter.
Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall
respond within a reasonable time to the client's request for information.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW.
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper advantage in any case or
proceeding.
Rule 19.02 - A lawyer who has received information that his client has, in the course
of the representation, perpetrated a fraud upon a person or tribunal, shall promptly
call upon the client to rectify the same, and failing which he shall terminate the
relationship with such client in accordance with the Rules of Court.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling
the case.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of
the proffered case;
(f) The customary charges for similar services and the schedule of fees of the
IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the
client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.
Nigel Carmelo Q. Reago 17
 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be
entitled to a division of fees in proportion to the work performed and responsibility
assumed.
Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client,
accept any fee, reward, costs, commission, interest, rebate or forwarding allowance
or other compensation whatsoever related to his professional employment from
anyone other than the client.
Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
compensation and shall resort to judicial action only to prevent imposition, injustice
or fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS
CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences
of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information
acquired in the course of employment, nor shall he use the same to his own
advantage or that of a third person, unless the client with full knowledge of the
circumstances consents thereto.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular
case except to avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE
AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
Rule 22.01 - A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in
connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
(c) When his inability to work with co-counsel will not promote the best
interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult for
him to carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the services or fails
to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien,
immediately turn over all papers and property to which the client is entitled, and shall
cooperative with his successor in the orderly transfer of the matter, including all
information necessary for the proper handling of the matter.

Rule 21.03 - A lawyer shall not, without the written consent of his client, give
information from his files to an outside agency seeking such information for auditing,
statistical, bookkeeping, accounting, data processing, or any similar purpose.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or
associates thereof unless prohibited by the client.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those
whose services are utilized by him, from disclosing or using confidences or secrets of
the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even
with members of his family.

Nigel Carmelo Q. Reago 18

 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

2004 RULES ON NOTARIAL PRACTICE SEC. 3. Commission. - “Commission” refers to the grant of authority to perform
notarial acts and to the written evidence of the authority.

RULE I
SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a
IMPLEMENTATION
notary public:
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice.
(a) is presented with an instrument or document that is neither a vital record,
a public record, nor publicly recordable;
SEC. 2. Purposes. - These Rules shall be applied and construed to advance the
(b) copies or supervises the copying of the instrument or document;
following purposes:
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
(a) to promote, serve, and protect public interest;
(b) to simplify, clarify, and modernize the rules governing notaries public;
SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently bound book
and
with numbered pages containing a chronological record of notarial acts performed by
(c) to foster ethical conduct among notaries public.
a notary public.

SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words
SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single occasion:
in the singular include the plural, and words in the plural include the singular.
(a) appears in person before the notary public and presents an instrument or
document;
RULE II
(b) is personally known to the notary public or identified by the notary public
DEFINITIONS
through competent evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an
(d) takes an oath or affirmation before the notary public as to such instrument
individual on a single occasion:
or document.
(a) appears in person before the notary public and presents an integrally
complete instrument or document;
SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization” refer to any
(b) is attested to be personally known to the notary public or identified by
act that a notary public is empowered to perform under these Rules.
the notary public through competent evidence of identity as defined by these
Rules; and
SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or attachment
(c) represents to the notary public that the signature on the instrument or
to, a notarized instrument or document that is completed by the notary public, bears
document was voluntarily affixed by him for the purposes stated in the
the notary's signature and seal, and states the facts attested to by the notary public
instrument or document, declares that he has executed the instrument or
in a particular notarization as provided for by these Rules.
document as his free and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in that capacity.
SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person
commissioned to perform official acts under these Rules.
SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act in
which an individual on a single occasion:
SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public
(a) appears in person before the notary public;
whose act is the subject of notarization.
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
SEC. 11. Regular Place of Work or Business. - The term “regular place of work or
(c) avows under penalty of law to the whole truth of the contents of the
business” refers to a stationary office in the city or province wherein the notary public
instrument or document.
renders legal and notarial services.

Nigel Carmelo Q. Reago 19


SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence of
identity” refers to the identification of an individual based on:
(a) at least one current identification document issued by an official agency
bearing the photograph and signature of the individual; or
(b) the oath or affirmation of one credible witness not privy to the instrument,
document or transaction who is personally known to the notary public and
who personally knows the individual, or of two credible witnesses neither of
whom is privy to the instrument, document or transaction who each
personally knows the individual and shows to the notary public documentary
identification.
SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device for affixing a
mark, image or impression on all papers officially signed by the notary public
conforming the requisites prescribed by these Rules.
SEC. 14. Signature Witnessing. - The term “signature witnessing” refers to a notarial
act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or
document;
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
(c) signs the instrument or document in the presence of the notary public.
SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines.
SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial
commission.
SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers
to the Office of the Court Administrator of the Supreme Court.
SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge of the
Regional Trial Court of a city or province who issues a notarial commission.
SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a notarial seal and
shall include a wholesaler or retailer.
SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to one who
produces a notarial seal and shall include an engraver and seal maker.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission may be issued by an Executive
Judge to any qualified person who submits a petition in accordance with these Rules.
To be eligible for commissioning as notary public, the petitioner:
(1) must be a citizen of the Philippines;
(2) must be over twenty-one (21) years of age;
(3) must be a resident in the Philippines for at least one (1) year and
maintains a regular place of work or business in the city or province where
the commission is to be issued;
(4) must be a member of the Philippine Bar in good standing with clearances
from the Office of the Bar Confidant of the Supreme Court and the
Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime involving
moral turpitude.
SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial
commission shall be in writing, verified, and shall include the following:
(a) a statement containing the petitioner's personal qualifications, including
the petitioner's date of birth, residence, telephone number, professional tax
receipt, roll of attorney's number and IBP membership number;
(b) certification of good moral character of the petitioner by at least two (2)
executive officers of the local chapter of the Integrated Bar of the
Philippines where he is applying for commission;
(c) proof of payment for the filing of the petition as required by these Rules;
and
(d) three (3) passport-size color photographs with light background taken
within thirty (30) days of the application. The photograph should not be
retouched. The petitioner shall sign his name at the bottom part of the
photographs.
SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the
application fee as prescribed in the Rules of Court.
SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a
summary hearing on the petition and shall grant the same if:
(a) the petition is sufficient in form and substance;
(b) the petitioner proves the allegations contained in the petition; and
Nigel Carmelo Q. Reago 20

(c) the petitioner establishes to the satisfaction of the Executive Judge that
he has read and fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a Certificate of
Authorization to Purchase a Notarial Seal in favor of the petitioner.
SEC. 5. Notice of Summary Hearing. –
(a) The notice of summary hearing shall be published in a newspaper of
general circulation in the city or province where the hearing shall be
conducted and posted in a conspicuous place in the offices of the Executive
Judge and of the Clerk of Court. The cost of the publication shall be borne by
the petitioner. The notice may include more than one petitioner.
(b) The notice shall be substantially in the following form:
NOTICE OF HEARING
Notice is hereby given that a summary hearing on the petition for notarial
commission of (name of petitioner) shall be held on (date) at (place) at (time). Any
person who has any cause or reason to object to the grant of the petition may file a
verified written opposition thereto, received by the undersigned before the date of
the summary hearing.
_____________________
Executive Judge
SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to
the grant of the petition may file a verified written opposition thereto. The opposition
must be received by the Executive Judge before the date of the summary hearing.
SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be
in a formal order signed by the Executive Judge substantially in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary public) of (regular place of work or business)
in (city or province) was on this (date) day of (month) two thousand and (year)
commissioned by the undersigned as a notary public, within and for the said
jurisdiction, for a term ending the thirty-first day of December (year)
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. -
The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period
of three (3) months from date of issue, unless extended by the Executive Judge.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
A mark, image or impression of the seal that may be purchased by the notary public
pursuant to the Certificate shall be presented to the Executive Judge for approval
prior to use.
SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The
Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the
following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL
This is to authorize (name of notary public) of (city or province) who was
commissioned by the undersigned as a notary public, within and for the said
jurisdiction, for a term ending, the thirty-first of December (year) to purchase a
notarial seal.
Issued this (day) of (month) (year).
________________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public
shall have only one official seal of office in accordance with these Rules.
SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may
perform notarial acts in any place within the territorial jurisdiction of the
commissioning court for a period of two (2) years commencing the first day of January
of the year in which the commissioning is made, unless earlier revoked or the notary
public has resigned under these Rules and the Rules of Court.
SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a
Register of Notaries Public in his jurisdiction which shall contain, among others, the
dates of issuance or revocation or suspension of notarial commissions, and the
resignation or death of notaries public. The Executive Judge shall furnish the Office of
the Court Administrator information and data recorded in the register of notaries
public. The Office of the Court Administrator shall keep a permanent, complete and
updated database of such records.
SEC. 13. Renewal of Commission. - A notary public may file a written application with
the Executive Judge for the renewal of his commission within forty-five (45) days
before the expiration thereof. A mark, image or impression of the seal of the notary
public shall be attached to the application.
Failure to file said application will result in the deletion of the name of the notary
public in the register of notaries public.
Nigel Carmelo Q. Reago 21

The notary public thus removed from the Register of Notaries Public may only be
reinstated therein after he is issued a new commission in accordance with these
Rules.
SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall,
upon payment of the application fee mentioned in Section 3 above of this Rule, act
on an application for the renewal of a commission within thirty (30) days from receipt
thereof. If the application is denied, the Executive Judge shall state the reasons
therefor.
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the following
notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the affixing of a signature by thumb or other
mark on an instrument or document presented for notarization if:
(1) the thumb or other mark is affixed in the presence of the notary public
and of two (2) disinterested and unaffected witnesses to the instrument or
document;
(2) both witnesses sign their own names in addition to the thumb or other
mark;
(3) the notary public writes below the thumb or other mark: "Thumb or Other
Mark affixed by (name of signatory by mark) in the presence of (names and
addresses of witnesses) and undersigned notary public"; and
(4) the notary public notarizes the signature by thumb or other mark through
an acknowledgment, jurat, or signature witnessing.
(c) A notary public is authorized to sign on behalf of a person who is physically unable
to sign or make a mark on an instrument or document if:
(1) the notary public is directed by the person unable to sign or make a mark
to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two
disinterested and unaffected witnesses to the instrument or document;
(3) both witnesses sign their own names ; free will.
(4) the notary public writes below his signature: “Signature affixed by notary
in presence of (names and addresses of person and two [2] witnesses)”; and
(5) the notary public notarizes his signature by acknowledgment or jurat.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his
regular place of work or business; provided, however, that on certain exceptional
occasions or situations, a notarial act may be performed at the request of the parties
in the following sites located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office
may be administered;
(2) public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument
or document is confined for treatment; and
(4) any place where a party to an instrument or document requiring
notarization is under detention.
(b) A person shall not perform a notarial act if the person involved as signatory to the
instrument or document -
(1) is not in the notary's presence personally at the time of the notarization;
and
(2) is not personally known to the notary public or otherwise identified by
the notary public through competent evidence of identity as defined by these
Rules.
SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial
act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage,
right, title, interest, cash, property, or other consideration, except as
provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by
affinity or consanguinity of the principal within the fourth civil degree.
SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act
described in these Rules for any person requesting such an act even if he tenders the
appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the
notary public reasonable doubt as to the former's knowledge of the
consequences of the transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her own
Nigel Carmelo Q. Reago 22

SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(a) execute a certificate containing information known or believed by the
notary to be false.
(b) affix an official signature or seal on a notarial certificate that is
incomplete.
SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary
public may charge the maximum fee as prescribed by the Supreme Court unless he
waives the fee in whole or in part.
SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and
expenses separate and apart from the notarial fees prescribed in the preceding
section when traveling to perform a notarial act if the notary public and the person
requesting the notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. – No fee or compensation of any kind, except those expressly
prescribed and allowed herein, shall be collected or received for any notarial service.
SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any
fees specified herein prior to the performance of a notarial act unless otherwise
agreed upon.
Any travel fees and expenses paid to a notary public prior to the performance of a
notarial act are not subject to refund if the notary public had already traveled but
failed to complete in whole or in part the notarial act for reasons beyond his control
and without negligence on his part.
SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall
issue a receipt registered with the Bureau of Internal Revenue and keep a journal of
notarial fees. He shall enter in the journal all fees charged for services rendered.
A notary public shall post in a conspicuous place in his office a complete schedule of
chargeable notarial fees.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain,
protect and provide for lawful inspection as provided in these Rules, a chronological
official notarial register of notarial acts consisting of a permanently bound book with
numbered pages.
The register shall be kept in books to be furnished by the Solicitor General to any
notary public upon request and upon payment of the cost thereof. The register shall
be duly paged, and on the first page, the Solicitor General shall certify the number of
pages of which the book consists.
For purposes of this provision, a Memorandum of Agreement or Understanding may
be entered into by the Office of the Solicitor General and the Office of the Court
Administrator.
(b) A notary public shall keep only one active notarial register at any given time.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall
record in the notarial register at the time of notarization the following:
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if the
signatory is not
personally known to the notary;
(7) the name and address of each credible witness swearing to or affirming
the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's
regular place of work or business; and
(10) any other circumstance the notary public may deem of significance or
relevance.
(b) A notary public shall record in the notarial register the reasons and circumstances
for not completing a notarial act.
(c) A notary public shall record in the notarial register the circumstances of any
request to inspect or copy an entry in the notarial register, including the requester's
name, address, signature, thumbmark or other recognized identifier, and evidence of
Nigel Carmelo Q. Reago 23

identity. The reasons for refusal to allow inspection or copying of a journal entry shall
also be recorded.
(d) When the instrument or document is a contract, the notary public shall keep an
original copy thereof as part of his records and enter in said records a brief description
of the substance thereof and shall give to each entry a consecutive number, beginning
with number one in each calendar year. He shall also retain a duplicate original copy
for the Clerk of Court.
(e) The notary public shall give to each instrument or document executed, sworn to,
or acknowledged before him a number corresponding to the one in his register, and
shall also state on the instrument or document the page/s of his register on which the
same is recorded. No blank line shall be left between entries.
(f) In case of a protest of any draft, bill of exchange or promissory note, the notary
public shall make a full and true record of all proceedings in relation thereto and shall
note therein whether the demand for the sum of money was made, by whom, when,
and where; whether he presented such draft, bill or note; whether notices were given,
to whom and in what manner; where the same was made, when and to whom and
where directed; and of every other fact touching the same.
(g) At the end of each week, the notary public shall certify in his notarial register the
number of instruments or documents executed, sworn to, acknowledged, or
protested before him; or if none, this certificate shall show this fact.
(h) A certified copy of each month's entries and a duplicate original copy of any
instrument acknowledged before the notary public shall, within the first ten (10) days
of the month following, be forwarded to the Clerk of Court and shall be under the
responsibility of such officer. If there is no entry to certify for the month, the notary
shall forward a statement to this effect in lieu of certified copies herein required.
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial
register shall be signed or a thumb or other mark affixed by each:
(a) principal;
(b) credible witness swearing or affirming to the identity of a principal; and
(c) witness to a signature by thumb or other mark, or to a signing by the
notary public on behalf of a person physically unable to sign.
SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person
may inspect an entry in the notarial register, during regular business hours, provided;
(1) the person's identity is personally known to the notary public or proven
through competent evidence of identity as defined in these Rules;
(2) the person affixes a signature and thumb or other mark or other
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
recognized identifier, in the notarial register in a separate, dated entry;
(3) the person specifies the month, year, type of instrument or document,
and name of the principal in the notarial act or acts sought; and
(4) the person is shown only the entry or entries specified by him.
(b) The notarial register may be examined by a law enforcement officer in the course
of an official investigation or by virtue of a court order.
(c) If the notary public has a reasonable ground to believe that a person has a criminal
intent or wrongful motive in requesting information from the notarial register, the
notary shall deny access to any entry or entries therein.
SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial
register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or
illegible as a record of notarial acts, the notary public shall, within ten (10) days after
informing the appropriate law enforcement agency in the case of theft or vandalism,
notify the Executive Judge by any means providing a proper receipt or
acknowledgment, including registered mail and also provide a copy or number of any
pertinent police report.
(b) Upon revocation or expiration of a notarial commission, or death of the notary
public, the notarial register and notarial records shall immediately be delivered to the
office of the Executive Judge.
SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified
true copy of the notarial record, or any part thereof, to any person applying for such
copy upon payment of the legal fees.
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a paper instrument or document, a
notary public shall:
(a) sign by hand on the notarial certificate only the name indicated and as
appearing on the notary's commission;
(b) not sign using a facsimile stamp or printing device; and
(c) affix his official signature only at the time the notarial act is performed.
SEC. 2. Official Seal. - (a) Every person commissioned as notary public shall have a seal
of office, to be procured at his own expense, which shall not be possessed or owned
by any other person. It shall be of metal, circular in shape, two inches in diameter,
and shall have the name of the city or province and the word “Philippines” and his
own name on the margin and the roll of attorney's number on the face thereof, with
Nigel Carmelo Q. Reago 24

the words "notary public" across the center. A mark, image or impression of such seal
shall be made directly on the paper or parchment on which the writing appears.
(b) The official seal shall be affixed only at the time the notarial act is performed and
shall be clearly impressed by the notary public on every page of the instrument or
document notarized.
(c) When not in use, the official seal shall be kept safe and secure and shall be
accessible only to the notary public or the person duly authorized by him.
(d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged
or other otherwise rendered unserviceable in affixing a legible image, the notary
public, after informing the appropriate law enforcement agency, shall notify the
Executive Judge in writing, providing proper receipt or acknowledgment, including
registered mail, and in the event of a crime committed, provide a copy or entry
number of the appropriate police record. Upon receipt of such notice, if found in
order by the Executive Judge, the latter shall order the notary public to cause notice
of such loss or damage to be published, once a week for three (3) consecutive weeks,
in a newspaper of general circulation in the city or province where the notary public
is commissioned. Thereafter, the Executive Judge shall issue to the notary public a
new Certificate of Authorization to Purchase a Notarial Seal.
(e) Within five (5) days after the death or resignation of the notary public, or the
revocation or expiration of a notarial commission, the official seal shall be
surrendered to the Executive Judge and shall be destroyed or defaced in public during
office hours. In the event that the missing, lost or damaged seal is later found or
surrendered, it shall be delivered by the notary public to the Executive Judge to be
disposed of in accordance with this section. Failure to effect such surrender shall
constitute contempt of court. In the event of death of the notary public, the person
in possession of the official seal shall have the duty to surrender it to the Executive
Judge.
SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent,
and photographically reproducible mark, image or impression of the official seal
beside his signature on the notarial certificate of a paper instrument or document.
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals
may not sell said product without a written authorization from the Executive Judge.
(b) Upon written application and after payment of the application fee, the Executive
Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals
after verification and investigation of the latter's qualifications. The Executive Judge
shall charge an authorization fee in the amount of PhP 4,000 for the vendor and PhP
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the
manufacturer's authorization fee.
(c) The authorization shall be in effect for a period of four (4) years from the date of
its issuance and may be renewed by the Executive Judge for a similar period upon
payment of the authorization fee mentioned in the preceding paragraph.
(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission
of a certified copy of the commission and the Certificate of Authorization to Purchase
a Notarial Seal issued by the Executive Judge. A notary public obtaining a new seal as
a result of change of name shall present to the vendor or manufacturer a certified
copy of the Confirmation of the Change of Name issued by the Executive Judge.
(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of
Authorization to Purchase a Notarial Seal.
(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression
of the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit
the completed Certificate to the Executive Judge. Copies of the Certificate of
Authorization to Purchase a Notarial Seal and the buyer's commission shall be kept in
the files of the vendor or manufacturer for four (4) years after the sale.
(g) A notary public obtaining a new seal as a result of change of name shall present to
the vendor a certified copy of the order confirming the change of name issued by the
Executive Judge.
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial
instrument or document shall conform to all the requisites prescribed herein, the
Rules of Court and all other provisions of issuances by the Supreme Court and in
applicable laws.
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial
certificate shall include the following:
(a) the name of the notary public as exactly indicated in the commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the notary public
is commissioned, the expiration date of the commission, the office address of
the notary public; and
(d) the roll of attorney's number, the professional tax receipt number and the
place and date of issuance thereof, and the IBP membership number.
Nigel Carmelo Q. Reago 25
 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority
evidencing the authenticity of the official seal and signature of a notary public shall
be issued by the Executive Judge upon request in substantially the following form:
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
in the notice, he shall immediately cease to perform notarial acts. In the event of his
incapacity to personally appear, the submission of the notice may be performed by
his duly authorized representative.
SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the
Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and
of the Clerk of Court the names of notaries public who have resigned their notarial
commissions and the effective dates of their resignation.

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary RULE XI
public), the person named in the seal and signature on the attached document, is a REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
Notary Public in and for the (City/Municipality/Province) of the Republic of the
Philippines and authorized to act as such at the time of the document's notarization. SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall
IN WITNESS WHEREOF, I have affixed below my signature and seal of this office revoke a notarial commission for any ground on which an application for a
this (date) day of (month) (year). commission may be denied.
_________________
(official signature) (b) In addition, the Executive Judge may revoke the commission of, or impose
(seal of Executive Judge) appropriate administrative sanctions upon, any notary public who:
(1) fails to keep a notarial register;
RULE X (2) fails to make the proper entry or entries in his notarial register concerning
CHANGES OF STATUS OF NOTARY PUBLIC his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the first
SECTION 1. Change of Name and Address. - ten (10) days of the month following;
Within ten (10) days after the change of name of the notary public by court order or (4) fails to affix to acknowledgments the date of expiration of his
by marriage, or after ceasing to maintain the regular place of work or business, the commission;
notary public shall submit a signed and dated notice of such fact to the Executive (5) fails to submit his notarial register, when filled, to the Executive Judge;
Judge. (6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the judge;
The notary public shall not notarize until: (7) fails to require the presence of a principal at the time of the notarial act;
(a) he receives from the Executive Judge a confirmation of the new name of (8) fails to identify a principal on the basis of personal knowledge or
the notary public and/or change of regular place of work or business; and competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(b) a new seal bearing the new name has been obtained. (10) knowingly performs or fails to perform any other act prohibited or
The foregoing notwithstanding, until the aforementioned steps have been mandated by these Rules; and
completed, the notary public may continue to use the former name or regular (11) commits any other dereliction or act which in the judgment of the
place of work or business in performing notarial acts for three (3) months Executive Judge constitutes good cause for revocation of commission or
from the date of the change, which may be extended once for valid and just imposition of administrative sanction.
cause by the Executive Judge for another period not exceeding three (3)
months. (c) Upon verified complaint by an interested, affected or aggrieved person, the notary
public shall be required to file a verified answer to the complaint. If the answer of the
SEC. 2. Resignation. - A notary public may resign his commission by personally notary public is not satisfactory, the Executive Judge shall conduct a summary hearing.
submitting a written, dated and signed formal notice to the Executive Judge together If the allegations of the complaint are not proven, the complaint shall be dismissed.
with his notarial seal, notarial register and records. Effective from the date indicated If the charges are duly established, the Executive Judge shall impose the appropriate

Nigel Carmelo Q. Reago 26

 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

administrative sanctions. In either case, the aggrieved party may appeal the decision
to the Supreme Court for review. Pending the appeal, an order imposing disciplinary
sanctions shall be immediately executory, unless otherwise ordered by the Supreme
Court.
(d) The Executive Judge may motu proprio initiate administrative proceedings against
a notary public, subject to the procedures prescribed in paragraph (c) above and
impose the appropriate administrative sanctions on the grounds mentioned in the
preceding paragraphs (a) and (b).
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules, including issuances of the Supreme
Court inconsistent herewith, are hereby repealed or accordingly modified.
SEC. 2. Effective Date. - These Rules shall take effect on the first day of August 2004,
and shall be published in a newspaper of general circulation in the Philippines which
provides sufficiently wide circulation.

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at Promulgated this 6th day of July, 2004.
all times exercise supervision over notaries public and shall closely monitor their
activities.

SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge

shall immediately order the Clerk of Court to post in a conspicuous place in the offices
of the Executive Judge and of the Clerk of Court the names of notaries public who
have been administratively sanctioned or whose notarial commissions have been
revoked.

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations
in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being
notified of such death, shall forthwith cause compliance with the provisions of these
sections.

RULE XII
SPECIAL PROVISIONS

SECTION 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any
person who:
(a) knowingly acts or otherwise impersonates a notary public;
(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial
register, or official records of a notary public; and
(c) knowingly solicits, coerces, or in any way influences a notary public to
commit official misconduct.

SEC 2. Reports to the Supreme Court. - The Executive Judge concerned shall submit
semestral reports to the Supreme Court on discipline and prosecution of notaries
public.

Nigel Carmelo Q. Reago 27

 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

A.M. No. 02-8-13-SC February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE –

The Court Resolved, upon the recommendation of the Sub Committee on the Revision
of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules
on Notarial Practice, to wit:

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Court En Banc

dated February 19, 2008.

"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. – The Court

Resolved, upon the recommendation of the Sub Committee on the Revision
of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the
2004 Rules on Notarial Practice, to wit:

Rule II

DEFINITIONS

xxx

"Sec. 12. Component Evidence of Identity. The phrase "competent evidence

of identity" refers to the identification of an individual based on:

(a) at least one current identification document issued by an official

agency bearing the photograph and signature of the individual, such
as but not limited to, passport, driver’s license, Professional
Regulations Commission ID, National Bureau of Investigation
clearance, police clearance, postal ID, voter’s ID, Barangay
certification, Government Service and Insurance System (GSIS) e-
card, Social Security System (SSS) card, Philhealth card, senior
citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of registration/immigrant
certificate of registration, government office ID, certification from
the National Council for the Welfare of Disable Persons (NCWDP),
Department of Social Welfare and Development (DSWD)
certification; or

(b) xxxx."

Nigel Carmelo Q. Reago 28


New Code of Judicial Conduct for the Philippine Judiciary
(Bangalore Draft)
Whereas Clauses
WHEREAS, at the Round Table Meeting of Chief Justices held at the Peace Palace.
The Hague, on 25–26 November 2002, at which the Philippine Supreme Court was
represented by the Chief Justice and Associate Justice Reynato S. Puno, the
Bangalore Draft of the Code of Judicial Conduct adopted by the Judicial Group on
Strengthening Judicial Integrity was deliberated upon and approved after
incorporating therein several amendments;
WHEREAS, the Bangalore Draft, as amended, is intended to be the Universal
Declaration of Judicial Standards applicable in all judiciaries;
WHEREAS, the Bangalore Draft is founded upon a universal recognition that a
competent, independent and impartial judiciary is essential if the courts are to fulfill
their role in upholding constitutionalism and the rule of law; that public confidence
in the judicial system and in the moral authority and integrity of the judiciary is of
utmost importance in a modem democratic society; and, that it is essential that
judges, individually and collectively, respect and honor judicial office as a public
trust and strive to enhance and maintain confidence in the judicial system;
WHEREAS, the adoption of the universal declaration of standards for ethical conduct
of judges embodied in the Bangalore Draft as revised at the Round Table Conference
of Chief Justices at The Hague is imperative not only to update and correlate the
Code of Judicial Conduct and the Canons of Judicial Ethics adopted for the
Philippines, but also to stress the Philippines' solidarity with the universal clamor for
a universal code of judicial ethics.
NOW, THEREFORE, the Court hereby adopts this New Code of Judicial Conduct for
the Philippine Judiciary.
Canon 1
Independence
Judicial independence is a pre-requisite to the rule of law and a fundamental
guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial
independence in both its individual and institutional aspects.
Section 1
Judges shall exercise the judicial function independently on the basis of their
assessment of the facts and in accordance with a conscientious understanding of
the law, free of any extraneous influence, inducement, pressure, threat or
interference, direct or indirect, from any quarter or for any reason.
Section 2
In performing judicial duties, Judges shall be independent from judicial colleagues in
respect of decisions which the judge is obliged to make independently.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
Section 3
Judges shall refrain from influencing in any manner the outcome of litigation or
dispute pending before another court or administrative agency.
Section 4
Judges shall not allow family, social, or other relationships to influence judicial
conduct or judgment. The prestige of judicial office shall not be used or lent to
advance the private interests of others, nor convey or permit others to convey the
impression that they are in a special position to influence the judge.
Section 5
Judges shall not only be free from inappropriate connections with, and influence by,
the executive and legislative branches of government, but must also appear to be
free therefrom to a reasonable observer.
Section 6
Judges shall be independent in relation to society in general and in relation to the
particular parties to a dispute which he or she has to adjudicate.
Section 7
Judges shall encourage and uphold safeguards for the discharge of judicial duties in
order to maintain and enhance the institutional and operational independence of
the judiciary.
Section 8
Judges shall exhibit and promote high standards of judicial conduct in order to
reinforce public confidence in the judiciary which is fundamental to the
maintenance of judicial independence.
Canon 2
Integrity
Integrity is essential not only to the proper discharge of the judicial office but also to
the personal demeanor of judges.
Section 1
Judges shall ensure that not only is their conduct above reproach, but that it is
perceived to be so in the view of a reasonable observer.
Section 2
The behavior and conduct of judges must reaffirm the people's faith in the integrity
of the judiciary. Justice musty not merely be done but must also be seen to be done.
Section 3
Nigel Carmelo Q. Reago 29

Judges should take or initiate appropriate disciplinary measures against lawyers or
court personnel for unprofessional conduct of which the judge may have become
aware.
Canon 3
Impartiality
Impartiality is essential to the proper discharge of the judicial office. It applies not
only to the decision itself but also to the process by which the decision to made.
Section 1
Judges shall perform their judicial duties without favor, bias or prejudice.
Section 2
Judges shall ensure that his or her conduct, both in and out of court, maintains and
enhances the confidence of the public, the legal profession and litigants in the
impartiality of the judge and of the judiciary.
Section 3
Judges shall, so far as is reasonable, so conduct themselves as to minimize the
occasions on which it will be necessary for them to be disqualified from hearing or
deciding cases.
Section 4
Judges shall not knowingly, while a proceeding is before, or could come before,
them make any comment that might reasonably be expected to affect the outcome
of such proceeding or impair the manifest fairness of the process. Nor shall judges
make any comment in public or otherwise that might affect the fair trial of any
person or issue.
Section 5
Judges shall disqualify themselves from participating in any proceedings in which
they are unable to decide the matter impartially or in which it may appear to a
reasonable observer that they are unable to decide the matter impartially. Such
proceedings include, but are not limited to, instances where
a. The judge has actual bias or prejudice concerning a party or personal
knowledge of disputed evidentiary facts concerning the proceedings;
b. The judge previously served as a lawyer or was a material witness in the
matter in controversy;
c. The judge, or a member of his or her family, has an economic interest in the
outcome of the matter in controversy;
d. The judge served as executor, administrator, guardian, trustee or lawyer in
the case or matter in controversy, or a former associate of the judge served
as counsel during their association, or the judge or lawyer was a material
witness therein;
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
e. The judge's ruling in a lower court is the subject of review;
f. The judge is related by consanguinity or affinity to a party litigant within the
sixth civil degree or to counsel within the fourth civil degree; or
g. The judge knows that his or her spouse or child has a financial interest, as
heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any other interest that could
be substantially affected by the outcome of the proceedings;
Section 6
A judge disqualified as stated above may, instead of withdrawing from the
proceeding, disclose on the records the basis of disqualification. If, based on such
disclosure, the parties and lawyers independently of the judge's participation, all
agree in writing that the reason for the inhibition is immaterial or unsubstantial, the
judge may then participate in the proceeding. The agreement, signed by all parties
and lawyers, shall be incorporated in the record of the proceedings.
Canon 4
Propriety
Propriety and the appearance of propriety are essential to the performance of all
the activities of a judge.
Section 1
Judges shall avoid impropriety and the appearance of impropriety in all of their
activities.
Section 2
As a subject of constant public scrutiny, judges must accept personal restrictions
that might be viewed as burdensome by the ordinary citizen and should do so freely
and willingly. In particular, judges conduct themselves in a way that is consistent
with the dignity of the judicial office.
Section 3
Judges shall, in their personal relations with individual members of the legal
profession who practice regularly in their court, avoid situations which might
reasonably give rise to the suspicion or appearance of favoritism or partiality.
Section 4
Judges shall not participate in the determination of a case in which any member of
their family represents a litigant or is associated in any manner with the case.
Section 5
Judges shall not allow the use of their residence by a member of the legal profession
to receive clients of the latter or of other members of the legal profession.
Nigel Carmelo Q. Reago 30

Section 6
Judges, like any other citizen, are entitled to freedom of expression, belief,
association and assembly, but in exercising such rights, they shall always conduct
themselves in such a manner as to preserve the dignity of the judicial office and the
impartiality and independence of the judiciary.
Section 7
Judges shall inform themselves about their personal fiduciary financial interests and
shall make reasonable efforts to be informed about the financial interests of
members of their family.
Section 8
Judges shall not use or lend the prestige of the judicial office to advance their
private interests, or those of a member of their family or of anyone else, nor shall
they convey or permit others to convey the impression that anyone is in a special
position improperly to influence them in the performance of judicial duties.
Section 9 as last updated by OCA Cir. 103-06 (2006)
Confidential information acquired by judges in their judicial capacity shall not be
used or disclosed for any other purpose NOT related to their judicial duties.
Section 10
Subject to the proper performance of judicial duties, judges may:
a. Write, lecture, teach and participate in activities concerning the law, the
legal system, the administration of justice or related matters;
b. Appear at a public hearing before an official body concerned with matters
relating to the law, the legal system, the administration of justice or related
matters;
c. Engage in other activities if such activities do not detract from the dignity of
the judicial office or otherwise interfere with the performance of judicial
duties.
Section 11
Judges shall not practice law whilst the holder of judicial office.
Section 12
Judges may form or join associations of judges or participate in other organizations
representing the interests of judges.
Section 13
Judges and members of their families shall neither ask for, nor accept, any gift,
bequest, loan or favor in relation to anything done or to be done or omitted to be
done by him or her in connection with the performance of judicial duties.
Section 14
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
Judges shall not knowingly permit court staff or others subject to their influence,
direction or authority, to ask for, or accept, any gift, bequest, loan or favor in
relation to anything done or to be done or omitted to be done in connection with
their duties or functions.
Section 15
Subject to law and to any legal requirements of public disclosure, judges may
receive a token gift, award or benefit as appropriate to the occasion on which it is
made provided that such gift, award or benefit might not reasonably be perceived
as intended to influence the judge in the performance of judicial duties or otherwise
give rise to an appearance of partiality.
Canon 5
Equality
Ensuring equality of treatment to all before the courts is essential to the due
performance of the judicial office.
Section 1
Judges shall be aware of, and understand, diversity in society and differences arising
from various sources, including but not limited to race, color, sex, religion, national
origin, caste, disability, age, marital status, sexual orientation, social and economic
status and other like causes.
Section 2
Judges shall not, in the performance of judicial duties, by words or conduct,
manifest bias or prejudice towards any person or group on irrelevant grounds.
Section 3
Judges shall carry out judicial duties with appropriate consideration for all persons,
such as the parties, witnesses, lawyers, court staff and judicial colleagues, without
differentiation on any irrelevant ground, immaterial to the proper performance of
such duties.
Section 4
Judges shall not knowingly permit court staff or others subject to his or her
influence, direction or control to differentiate between persons concerned, in a
matter before the judge on any irrelevant ground.
Section 5
Judges shall require lawyers in proceedings before the court to refrain from
manifesting, by words or conduct, bias or prejudice based on irrelevant grounds,
except such as are legally relevant to an issue in proceedings and may be the subject
of legitimate advocacy.
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 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

Canon 6 "Judge's family" includes a judge's spouse, son, daughter, son-in-law, daughter-in-
Competence and Diligence law, and any other relative by consanguinity or affinity within the sixth civil degree,
Competence and diligence are prerequisites to the due performance of judicial or person who is a companion or employee of the judge and who lives in the judge's
office. household.
Section 1 This Code, which shall hereafter be referred to as the New Code of Judicial Conduct
for the Philippine Judiciary, supersedes the Canons of Judicial Ethics and the Code of
The judicial duties of a judge take precedence over all other activities. Judicial Conduct heretofore applied in the Philippines to the extent that the
Section 2 provisions or concepts therein are embodied in this Code: Provided, however, that
in case of deficiency or absence of specific provisions in this New Code, the Canons
Judges shall devote their professional activity to judicial duties, which include not of Judicial Ethics and the Code of Judicial Conduct shall be applicable in a suppletory
only the performance of judicial functions and responsibilities in court and the character.
making of decisions, but also other tasks relevant to the judicial office or the court's
operations. This New Code of Judicial Conduct for the Philippine Judiciary shall take effect on
the first day of June 2004, following its publication not later than 15 May 2004 in
Section 3 two newspapers of large circulation in the Philippines to ensure its widest publicity.
Judges shall take reasonable steps to maintain and enhance their knowledge, skills Promulgated this 27 day of April 2004.
and personal qualities necessary for the proper performance of judicial duties,
taking advantage for this purpose of the training and other facilities which should be
made available, under judicial control, to judges.
Section 4
Judges shall keep themselves informed about relevant developments of
international law, including international conventions and other instruments
establishing human rights norms.
Section 5
Judges shall perform all judicial duties, including the delivery of reserved decisions,
efficiently, fairly and with reasonable promptness.
Section 6
Judges shall maintain order and decorum in all proceedings before the court and be
patient, dignified and courteous in relation to litigants, witnesses, lawyers and
others with whom the judge deals in an official capacity. Judges shall require similar
conduct of legal representatives, court staff and others subject to their influence,
direction or control.
Section 7
Judges shall not engage in conduct incompatible with the diligent discharge of
judicial duties.
Definitions

In this Code, unless the context otherwise permits or requires, the following
meanings shall be attributed to the words used:
"Court staff" includes the personal staff of the judge including law clerks.
"Judge" means any person exercising judicial power, however designated.

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CODE OF JUDICIAL CONDUCT
PREAMBLE
An honorable competent and independent judiciary exists to administer justice and
thus promote the unity of the country, the stability of government, and the well-being
of the people. .
CANON 1
A JUDGE SHOULD UPHOLD THE INTEGRITY
AND INDEPENDENCE OF THE JUDICIARY
RULE 1.01 - A judge should be the embodiment of competence, integrity and
independence
RULE 1.02 - A judge should administer justice impartially and without delay
RULE 1.03. - A judge should be vigilant against any attempt to subvert the
independence of the judiciary and should forthwith resist any pressure from
whatever source intended to influence the performance of official functions.
CANON 2
A JUDGE SHOULD AVOID IMPROPRIETY
AND THE APPEARANCE OF IMPROPRIETY
IN ALL ACTIVITIES
RULE 2.01 - A judge should so behave at all times as to promote public confidence in
the integrity and impartiality of the judiciary.
RULE 2.02 - A judge should not seek publicity for personal vainglory.
RULE 2.03 - A judge shall not allow family, social, or other relationships to influence
judicial conduct or judgment. The prestige of judicial office shall not be used or lent
to advance the private interests of others, nor convey or permit others to convey the
impression that they are in a special position to influence the judge.
RULE 2.04 - A judge should refrain from influencing in any manner the outcome of
litigation or dispute pending before another court or administrative agency.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
CANON 3
A JUDGE SHOULD PERFORM OFFICIAL
DUTIES HONESTLY, AND WITH IMPARTIALITY
AND DILIGENCE
ADJUDICATIVE RESPONSIBILITIES
RULE 3.01 - A judge shall be faithful to the law and maintain professional competence.
RULE 3.02 - In every case, a judge shall endeavor diligently to ascertain the facts and
the applicable law unswayed by partisan interests, public opinion or fear of criticism.
RULE 3.03 - A judge shall maintain order and proper decorum in the court.
RULE 3.04 - A judge should be patient, attentive, and courteous to lawyers, especially
the inexperienced, to litigants, witnesses, and others appearing before the court. A
judge should avoid unconsciously falling into the attitude of mind that the litigants
are made for the courts, instead of the courts for the litigants.
RULE 3.05 - A judge shall dispose of the court's business promptly and decide cases
within the required periods.
RULE 3.06 - While a judge may, to promote justice, prevent waste of time or clear up
some obscurity, properly intervene in the presentation of evidence during the trial, it
should always be borne in mind that undue interference may prevent the proper
presentation of the cause or the ascertainment of truth.
RULE 3.07 - A judge should abstain from making public comments on any pending or
impending case and should require similar restraint on the part of court personnel.
ADMINISTRATIVE RESPONSIBILITIES
RULE 3.08 - A judge should diligently discharge administrative responsibilities,
maintain professional competence in court management, and facilitate the
performance of the administrative functions or other judges and court personnel.
RULE 3.09 - A judge should organize and supervise the court personnel to ensure the
prompt and efficient dispatch of business, and require at all times the observance of
high standards of public service and fidelity.
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RULE 3.10 - A judge should take or initiate appropriate disciplinary measures against
lawyers or court personnel for unprofessional conduct of which the judge may have
become aware.
RULE 3.11 - A judge should appoint commissioners, receivers, trustees, guardians,
administrators and others strictly on the basis of merit and qualifications, avoiding
nepotism and favoritism. Unless otherwise allowed by law, the same criteria should
be observed in recommending appointment of court personnel. Where the payment
of compensation is allowed, it should be reasonable and commensurate with the fair
value of services rendered.
DISQUALIFICATION
RULE 3.12 - A judge should take no part in a proceeding where the judge's impartiality
might reasonably be questioned. These cases include among others, proceedings
where:
(a) the judge has personal knowledge of disputed evidentiary facts
concerning the proceeding;
(b) the judge served as executor, administrator, guardian, trustee or lawyer
in the case or matter in controversy, or a former associate of the judge served
as counsel during their association, or the judge or lawyer was a material
witness therein;
(c) the judge's ruling in a lower court is the subject of review;
(d) the judge is related by consanguinity or affinity to a party litigant within
the sixth degree or to counsel within the fourth degree;
(e) the judge knows the judge's spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy
or in a party to the proceeding, or any other interest that could be
substantially affected by the outcome of the proceeding.
In every instance, the judge shall indicate the legal reason for inhibition. .
REMITTAL OF DISQUALIFICATION
RULE 3.13 - A judge disqualified by the terms of rule 3.12 may, instead of withdrawing
from the proceeding, disclose on the record the basis of disqualification. If, bases on
such disclosure, the parties and lawyers independently of judge's participation, all
agree in writing that the reason for the inhibition is immaterial or insubstantial, the
judge may then participate in the proceeding. The agreement, signed by all parties
and lawyers, shall be incorporated in the record of the proceeding.
LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018
CANON 5
A JUDGE SHOULD REGULATE EXTRA-JUDICIAL
ACTIVITIES TO MINIMIZE THE RISK
OF CONFLICT WITH JUDICIAL DUTIES
ADVOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES
RULE 5.01 - A judge may engage in the following activities provided that they do not
interfere with the performance of judicial duties or detract from the dignity of the
court:
(a) write, teach and speak on non-legal subjects;
(b) engage in the arts, sports, and other special recreational activities;
(c) participate in civic and charitable activities;
(d) serve as an officer, director, trustee, or non-legal advisor of a non-profit
or non-political educational, religious, charitable, fraternal, or civic
organization.
FINANCIAL ACTIVITIES
RULE 5.02 - A judge shall refrain from financial and business dealing that tend to
reflect adversely on the court's impartiality, interfere with the proper performance of
judicial activities or increase involvement with lawyers or persons likely to come
before the court. A judge should so manage investments and other financial interests
as to minimize the number of cases giving grounds for disqualifications.
RULE 5.03 - Subject to the provisions of the proceeding rule, a judge may hold and
manage investments but should not serve as officer, director, manager or advisor, or
employee of any business except as director of a family business of the judge
RULE 5.04 - A judge or any immediate member of the family shall not accept a gift,
bequest, factor or loan from any one except as may be allowed by law.
RULE 5.05 - No information acquired in a judicial capacity shall be sued or disclosed
by a judge in any financial dealing or for any other purpose not related to judicial
activities.
FIDUCIARY ACTIVITIES
RULE 5.06 - A judge should not serve as the executor, administrator, trustee, guardian,
or other fiduciary, except for the estate, trusts, or person of a member of the
immediate family, and then only if such service will not interfere with the proper
performance of judicial duties. "Member of immediate family" shall be limited to the
spouse and relatives within the second degree of consanguinity. As a family, a judge
shall not:
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 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

(a) serve in proceedings that might come before the court of said judge; or
(b) act as such contrary to rules 5.02 to 5.05.

PRACTICE OF LAW AND OTHER PROFESSION

RULE 5.07 - A judge shall not engage in the private practice of law. Unless prohibited
by the Constitution or law, a judge may engage in the practice of any other profession
provided that such practice will not conflict or tend to conflict with judicial functions.

FINANCIAL DISCLOSURE

RULE 5.08 - A judge shall make full financial disclosure as required by law

RULE 5.09 - A judge shall not accept appointment or designation to any agency
performing quasi-judicial or administrative functions. .

POLITICAL ACTIVITIES

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

COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT

All judges shall strictly comply with this Code. .

DATE OF EFFECTIVITY

This Code, promulgated on 5 September 1989, shall take effect on 20 October 1989

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 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES 2018

RULES OF COURT charges. The Justice or judge so assigned shall set a day for the hearing, and notice
thereof shall be served on both parties. At such hearing the parties may present oral
or written evidence.
RULE 137
Section 4. Report - After the hearing, the Justice or judge shall file with the Supreme
Disqualification of Judicial Officers
Court a report of his findings of fact and conclusions of law, accompanied by the
evidence presented by the parties and the other papers in he case.
Section 1. Disqualification of judges. — No judge or judicial officer shall sit in any case
in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or
Section 5. Action - After the filing of the report, the court will take such action as the
otherwise, or in which he is related to either party within the sixth degree of
facts and the law may warrant.
consanguinity or affinity, or to counsel within the fourth degree, computed according
to the rules of the civil law, or in which he has been executor, administrator, guardian,
Section 6. Confidential. - Proceedings against judges of first instance shall be private
trustee or counsel, or in which he has been presided in any inferior court when his
and confidential.
ruling or decision is the subject of review, without the written consent of all parties
in interest, signed by them and entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in
a case, for just or valid reasons other than those mentioned above.

Section 2. Objection that judge disqualified, how made and effect. — If it be claimed
that an official is disqualified from sitting as above provided, the party objecting to
his competency may, in writing, file with the official his objection, stating the grounds
therefor, and the official shall thereupon proceed with the trial, or withdraw
therefrom, in accordance with his determination of the question of his
disqualification. His decision shall be forthwith made in writing and filed with the
other papers in the case, but no appeal or stay shall be allowed from, or by reason of,
his decision in favor of his own competency, until after final judgment in the case.

RULE 140

Charges Against Judges of First Instance

Section 1. Complaint - All Charges against judges of first instance shall be in writing
and shall set out distinctly, clearly, and concisely the facts complained of as
constituting the alleged serious misconduct or inefficiency of the respondent, and
shall be sworn to and supported by affidavits of persons who have personal
knowledge of the facts therein alleged, and shall be accompanied with copies of
documents which may substantiate said facts.

Section 2. Service or dismissal. - If the charges appear to merit action, a copy thereof
shall be served upon the respondent, requiring him to answer within ten (10) days
from the date service. If the charges do not merit action, or if the answer shows to
the satisfaction of the court that the charges are not meritorious, the same shall be
dismissed.

Section 3. Answer; hearing. - Upon the filing of respondents answer or upon the
expiration of the time for its filing, the court shall assign one of its members, a Justice
of the Court of Appeals or a judge of first instance to conduct the hearing of the

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