Professional Documents
Culture Documents
NOTE: An isolated appearance does not amount to WHO MAY PRACTICE LAW?
practice of law of a public officer if allowed by his superior in
exceptional cases. Any person heretofore duly admitted as a
member of the bar, or hereafter admitted as such in
NOTE: The practice of law is not a natural, property or accordance with the provisions of this rule, and who is in
constitutional right but a mere privilege. It is not a right good and regular standing, is entitled to practice law. [Sec. 1,
granted to any one who demands it but a privilege to be Rule 138]
extended or withheld in the exercise of sound judicial
discretion. It is in the nature of a franchise conferred only for
merit which must be earned by hard study, learning and REQUIREMENTS BEFORE A CANDIDATE CAN ENGAGE IN
good conduct. It is a privilege accorded only to those who THE PRACTICE OF LAW
measure up to certain rigid standards of mental and moral I. He must have been admitted to the Bar
fitness. Those standards are neither dispensed with nor
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
2 2005 CENTRALIZED BAR OPERATIONS
a. Furnishing satisfactory proof of educational, conducting the trial of his case. He cannot, after
moral and other qualification; judgment, claim that he was not properly represented.
b. Passing the bar 3. In a criminal case before the MTC – in a locality
c. Taking the Lawyer’s Oath before the SC where a duly licensed member of the Bar is not
A lawyer’s oath signifies that the lawyer in available, the judge may appoint a non-lawyer who is a
taking such an oath accepts and affirms his ethical resident of that province, of good repute for probity
obligations in the performance of his duties as a and ability to the accused in his defense. [Sec. 7, Rule
lawyer and signifies likewise his awareness of his 116]
responsibilities that he assumes by his admission 4. Student Practice Rule - A law student who has
to the legal profession. successfully completed his 3rd year of the regular 4-
d. Signing the Attorney’s Roll and receiving from the year prescribed law curriculum and is enrolled in a
Clerk of Court of the SC a Certificate of the license recognized law school’s clinical legal education
to practice program approved by the SC – may appear without
II. After his admission to the bar, a lawyer must remain in compensation in any civil, criminal or administrative
good and regular standing, which is a continuing case before any trial court, tribunal, board or officer, to
requirement for the practice of law. He must: represent indigent clients accepted by the Legal Clinic
a. Remain a member of the IBP (membership of the school. [Sec. 1, Rule 138-A] The student shall be
therein by every attorney is made compulsory); under the direct supervision and control of a member
b. Regularly pay all IBP membership dues and other of the IBP duly accredited by the law school. [Sec. 2]
lawful assessments, as well as the annual privilege 5. Under the Labor Code – non-lawyers may appear
tax; before the NLRC or any Labor Arbiter if they (a)
c. Faithfully observe the rules and ethics of the legal represent themselves; (b) represent their organization
profession; and or members thereof [Art. 222, PD 442]
d. Be continually subject to judicial disciplinary 6. A non-lawyer may represent a claimant before the
control. Cadastral Court [Sec. 9, Act. No. 2259]
7. Any person appointed to appear for the government of
the Philippines in accordance with law [Sec. 33, Rule
BASIC REQUIREMENTS FOR ADMISSION TO THE BAR 138]
Under Section 2, 5 and 6, Rule 138, the applicant must be:
1. Citizen of the Philippines; LIMITATIONS ON APPEARANCE OF NON-LAWYERS
2. At least 21 years of age; BEFORE THE COURTS
3. Of good moral character; 1. He should confine his work to non-adversary
(Note: This is a continuing requirement.) contentions. He should not undertake purely
4. Resident of the Philippines; legal work, such as the examination or cross-
5. Must produce before the SC satisfactory evidence examination of witnesses, or the presentation of
of good moral character; evidence.
6. No charges against him, involving moral 2. Services should not be habitually rendered.
turpitude, have been filed or are pending in any 3. Should not charge or collect attorney’s fees.
court in the Phil. [Sec. 2, Rule 138]; [PAFLU vs. Binalbagan Isabela Sugar Co. 42 SCRA
7. Must have complied with the academic 302]
requirements;
8. Pass the bar examinations. RIGHT OF PARTY TO REPRESENT HIMSELF
Civil Cases: An individual litigant has the right to conduct
Moral Turpitude – imports an act of baseness, vileness or his litigation personally.
depravity in the duties which one person owes to another or Criminal Cases: Involving grave and less grave offenses, an
to society in general which is contrary to the usually accused who is a layman must always appear by counsel; he
accepted and customary rule of right and duty which a CANNOT conduct his own defense, as his right to counsel
person should follow. may NOT be waived without violating his right to due
process of law.
ACADEMIC REQUIREMENTS FOR THE CANDIDATES By a Juridical Person: A juridical person must always
1. Must have already earned a Bachelor’s Degree in appear in court by a duly licensed member of the bar, except
Arts or Sciences (Pre-law) in the municipal trial court where it may be represented by
2. Law Course – completed courses in Civil Law, its agent or officer who need not be a lawyer.
Commercial Law, Remedial Law, Criminal Law,
Public and International Law, Political Law, Labor
and Social Legislation, Medical Jurisprudence, PARTNERSHIP WITH NON-LAWYERS VOID
Taxation, Legal Ethics. [Sec. 5 and 6, Rule 138] In the formation of partnership for the practice of law,
no person should be admitted or held out as a practitioner
or member who is not a member of the legal profession duly
APPEARANCE OF NON-LAWYER IN COURT authorized to practice, and amenable to professional
discipline.
MAY A NON-LAWYER APPEAR IN COURT?
General Rule: Only those who are licensed to practice law PRACTICE BY CORPORATION
can appear and handle cases in court. It is well settled that a corporation CANNOT
engage in the practice of law. It may, however, hire an
Exceptions: attorney to attend to and conduct its own legal business or
1. Before the MTC - a party may conduct his case or affairs. But it cannot practice law directly or indirectly by
litigation in person with the aid of an employing a lawyer to practice for it or to appear for others
agent or friend appointed by him. [Sec. 34, Rule 138] for its benefit.
2. Before any court – a party may conduct his litigation Reasons:
personally. But he gets someone to aid him and that 1. Nature of the privilege and on the confidential and
someone must be an authorized member of the Bar trust relation between attorney and client.
[Sec. 34, Rule 138]. He is bound by the same rules in 2. A corporation cannot perform the conditions required
for membership in the bar, such as the possession of
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat),
Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 3
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
good moral character and other special They shall not:
disqualifications, the taking of an oath and becoming 1. Appear as counsel before any court in any civil
an officer of the court, subject to its discipline, case wherein a local government unit or any
suspension or removal. office, agency or instrumentality of the
3. The relation of trust and confidence cannot arise government is the adverse party;
where the attorney is employed by a corporation to 2. Appear as counsel in any criminal case wherein
practice for it, his employer and he owing, at best, a an officer or employee of the national or local
secondary and divided loyalty to the clientele of his government is accused of an offense committed in
corporate employer. relation to his office;
4. The intervention of the corporation is destructive of 3. Collect any fee for their appearance in
that confidential and trust relation and is obnoxious to administrative proceedings involving the local
the law. government unit of which he is an official. [Sec.
90, R.A. 7160]
PERSONS AUTHORIZED TO REPRESENT THE 4. Use property and personnel of the government
GOVERNMENT except when the Sanggunian member concerned
Any official or other person appointed or designated in is defending the interest of the government
accordance with law to appear for the government of the
Philippines or any of its officials shall have all the rights of a RESTRICTIONS IN THE PRACTICE OF LAW OF RETIRED
duly authorized member of the bar to appear in any case in JUSTICE/JUDGE
which the government has an interest, direct or indirect, or As a condition of the pension provided under R.A. 910,
in which such official is charged in his official capacity. no retiring justice or judge of a court of record or city or
municipality judge during the time that he is receiving said
RULES ON PUBLIC OFFICIALS REGARDING PRACTICE OF pension shall:
LAW Appear as counsel before any court in:
a. Any civil case wherein the government or any
PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE subdivision or instrumentality thereof is the
PHILIPPINES adverse party;
1. Judges and other officials or employees of the b. Any criminal case wherein an officer or an
superior court employee of the government is accused of an
2. Officials and employees of the Office of the offense committed in relation to his office.
Solicitor General 2. Collect any fees for his appearance in any
3. Government Prosecutors administrative proceedings to maintain an interest
4. President, Vice-President, members of the adverse to the government, provincial or municipal, or
Cabinet, their deputies and assistants to any of its legally constituted officers [Sec 1, RA 910].
5. Chairmen and members of the Constitutional
Commissions REMEDIES AGAINST UNAUTHORIZED PRACTICE (DICED)
6. Ombudsman and his deputies 1. Petition for Injunction
7. Governors, city and municipal mayors 2. Declaratory Relief
8. Those who, by special law are prohibited from 3. Contempt of Court
engaging in the practice of their legal profession 4. Disqualification and complaints for disbarment
5. Criminal complaint for estafa against a person
PUBLIC OFFICIALS WITH RESTRICTIONS IN THE who falsely represented to be an attorney to the
PRACTICE OF LAW damage of a party
1. Senators and Members of the House of
Representatives
2. Members of the Sanggunian PRIVILEGES AND DUTIES OF A LAWYER
3. Retired Justice or Judge
4. Civil Service officers or employees without permit PRIVILEGES OF AN ATTORNEY:
from their respective department heads [Noriega 1. To practice law during good behavior before any
vs. Sison 125 SCRA 293] judicial, quasi-judicial, or administrative tribunal.
2. The first one to sit in judgment on every case, to set
RESTRICTIONS IN THE PRACTICE OF LAW OF MEMBERS the judicial machinery in motion.
OF LEGISLATURE 3. Enjoys the presumption of regularity in the discharge
of his duty.
CASES: A lawyer-member of the legislature is only 4. He is immune, in the performance of his obligation to
prohibited from appearing as counsel before any court of his client, from liability to a third person insofar as he
justice, electoral tribunals or quasi-judicial and does not materially depart from his character as a
administrative bodies. The word “appearance” includes not quasi-judicial officer.
only arguing a case before any such body but also filing a 5. His statements, if relevant, pertinent or material to the
pleading on behalf of a client as “by simply filing a formal subject of judicial inquiry are absolutely privileged
motion, plea or answer”. [Ramos vs. Manalac 89 Phil 270] regardless of their defamatory tenor and of the
Neither can he allow his name to appear in such presence of malice.
pleading by itself or as part of a firm name under the
signature of another qualified lawyer because the signature OTHER PRIVILEGES:
of an agent amounts to signing of a non-qualified senator or First grade civil service eligibility for any position in the
congressman, the office of an attorney being originally of classified service in the government the duties of
agency, and because he will, by such act, be appearing in which require knowledge of law.
court or quasi-judicial or administrative body in violation of Second grade civil service eligibility for any other
the constitutional restriction. “He cannot do indirectly what government position which does not prescribe
the Constitution prohibits directly”. [In re: David 93 PHIL proficiency in law as a qualification.
461]
FOUR-FOLD DUTIES OF A LAWYER
RESTRICTIONS IN THE PRACTICE OF LAW OF THE
MEMBERS OF THE SANGGUNIAN
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
4 2005 CENTRALIZED BAR OPERATIONS
1. Court- respect or defend against criticisms, uphold I, ____________, do solemnly swear that I will
authority and dignity, obey order and processes, assist maintain allegiance to the Republic of the Philippines; I will
in the administration of justice. support its Constitution and obey the laws as well as the
2. Bar- candor, fairness, courtesy and truthfulness, avoid legal orders of the duly constituted authorities therein; I will
encroachment in the business of other lawyers, do no falsehood, nor consent to the doing of any in court; I
uphold the honor of the profession. will not wittingly or willingly promote or sue any
3. Client- entire devotion to client’s interest. groundless, false or unlawful suit, nor give aid nor consent to
4. Public- should not violate his responsibility to society, the same; I will delay no man for money or malice and will
exemplar for uprighteousness, ready to render legal conduct myself as a lawyer according to the best of my
aid, foster social reforms, guardian of due process, knowledge and discretion with all good fidelity as well to the
aware of special role in the solution of special courts as to my clients; and I impose upon myself this
problems and be always ready to lend assistance in voluntary obligation without any mental reservation or
the study and solution of social problems. purpose of evasion. So help me God.
1) Knowingly acts or otherwise impersonates a defendant (a) is confined in prison, (b) without means
notary public; to employ an attorney, (c) desires to be defended de
2) Knowingly obtains, conceals, defaces, or destroys oficio.
the seal, notarial register, or official records of a
notary public; and House Counsel – one who acts as attorney for business
3) Knowingly solicits, coerces, or in any way though carried as an employee of that business and
influences a notary public to commit official not as an independent lawyer.
misconduct (Rule XII, Section 1).
Lawyer – this is the general term for a person trained in the
law and authorized to advice and represent others in
TERMS TO REMEMBER legal matters
Amicus Curiae- is an experienced and impartial attorney Lead Counsel – the counsel on either side of a litigated
invited by the court to appear and help in the action who is charged with the principal management
disposition of the issues submitted to it. It implies and direction of a party’s case, as distinguished from
friendly intervention of counsel to call the attention of his juniors or subordinates.
the court to some matters of law or facts which might
otherwise escape its notice and in regard to which it Of Counsel – an experienced lawyer, usually a retired
might go wrong. An amicus curiae appears in court member of the judiciary, employed by law firms as
not to represent any particular party but only to assist consultants.
the court.
Practicing Lawyer – one engaged in the practice of law who
Amicus Curiae par excellence – bar associations who by license are officers of the court and who are
appear in court as amici curiae or friends of the court. empowered to appear, prosecute and defend a client’s
Acts merely as a consultant to guide the court in a cause.
doubtful question or issue pending before it.
Pro Se - an appearance by a lawyer in his own behalf.
Attorney ad hoc- a person named appointed by the court to
defend an absentee defendant in the suit in which the Trial Lawyer – one who personally handles cases in court,
appointment is made. administrative agencies of boards which means
engaging in actual trial work, either for the
Attorneys-At-Law – that class of persons who are licensed prosecution or for the defense of cases of clients.
officers of the courts empowered to appear, prosecute II .THE CANONS OF PROFESSIONAL RESPONSIBILITY
and defend, and upon whom peculiar duties,
responsibilities and liabilities are developed by law as Chapter I: The Lawyer and Society
a consequence. CANON -
1. Uphold the Constitution and obey the laws
Attorney in fact- simply an agent whose authority is strictly of the land
limited by the instrument appointing him. His 2. Make legal services available in an efficient
authority is provided in a special power of attorney or and convenient manner
general power of attorney or letter of attorney. He is
not necessarily a lawyer. 3. Use of true, honest, fair, dignified and
objective information in making known legal
services
Attorney of record- the attorney whose name is entered in
the records of an action or suit as the lawyer of a designated 4. Participate in the improvement of the legal
party thereto. system
5. Keep abreast of legal development and
Bar and Bench – “Bar” refers to the whole body of attorneys participate in continuing legal education
and counselors collectively, the members of the legal program and assist in disseminating
profession: “Bench” denotes the whole body of information regarding the law and
judges. jurisprudence
Bar Association – an association of members of the legal 6. Applicability of the CPR to lawyers in the
profession like the IBP where membership is government service
integrated or compulsory.
Chapter II: The Lawyer and the Legal Profession
Client – one who engages the services of a lawyer for legal CANON -
advice or for purposes of prosecuting or defending a 7. At all times uphold the integrity and dignity
suit in behalf and usually for a fee. of the Profession and support the activities
of the IBP
Counsel/Attorney de oficio – an attorney appointed by the
court to defend an indigent defendant in a criminal action.
8. Conduct himself with courtesy, fairness and
candor toward his colleagues and avoid
In a criminal action, if the defendant appears
harassing tactics
without an attorney, he must be informed by the court
that it is his right to have an attorney before being 9. Not to directly or indirectly assist in the
arraigned and must be asked if he desires the aid of an unauthorized practice of law
attorney. If he desires and is unable to employ an
attorney, the court must assign a counsel de oficio to Chapter III: The Lawyer and the Courts
defend him. He is also designated as counsel of CANON -
indigent litigants. The appointment of a counsel de 10. Owes candor, fairness and good faith to the
oficio in that instance is a matter of right on the part of court
the defendant. 11. Observe and maintain the respect due courts
On appeal in a criminal case, the appellate court and judicial officers
must also appoint a counsel de oficio if, as shown by
the certificate of the clerk of court of the trial court, a
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat),
Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 7
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
12. Duty to assist in the speedy and efficient Ambulance Chaser – is a lawyer who haunts hospitals and
administration of justice visits the homes of the afflicted, officiously intruding their
13. Rely upon the merits of his cause, refrain presence and persistently offering his service on the basis of
from any impropriety which tends to a contingent.
influence courts, or give the appearance of
influencing the court Ambulance chasing has spawned recognized evils such
Chapter IV: The Lawyer and the Client as: (FSMD)
CANON - 1. Fomenting of litigation with resulting burdens on
the courts and the public.
14. Not to refuse his services to the needy 2. Subornation of perjury.
15. Observe candor, fairness and loyalty in all 3. Mulcting of innocent persons by judgments, upon
his dealings and transactions with clients manufactured causes of action.
16. Hold in trust all the moneys and property of 4. Defrauding of injured persons having proper
his client that may come to his possession causes of action but ignorant of legal rights and
17. Owes fidelity to clients cause and be mindful court procedures by means of contracts which
of the trust and confidence reposed in him retain exorbitant percentages of recovery and
18. Serve client with competence and diligence illegal charges for court costs and expenses and
by settlement made for quick returns of fees and
19. Represent client with zeal and within the against the just rights of the injured persons.
bounds of law
20. Charge only fair and reasonable fees CANON 2: MAKING AVAILABLE EFFICIENT LEGAL
21. Preserve the confidence and secrets of client SERVICE
even after the atty.-client relation is A lawyer shall not reject, except for valid reasons,
terminated the cause of the defenseless or the oppressed. (Rule 2.01)
22. Withdraw services only for good cause and Even if the lawyer does not accept a case, he shall
upon notice not refuse to render legal advice to the person concerned if
only to the extent necessary to safeguard the latter’s rights.
(Rule 2.02)
LAWYER’S DUTIES TO SOCIETY
CANON 3: USE OF TRUE, HONEST, FAIR AND OBJECTIVE
CANON 1: UPHOLD THE CONSTITUTION AND OBEY THE INFORMATION IN MAKING KNOWN LEGAL SERVICES
LAWS OF THE LAND
ADVERTISING AND SOLICITATION
DISCOURAGING LAW SUITS General Rule: A lawyer cannot advertise his talent, as he
Under Rule 1.03, a lawyer shall not for any corrupt is a member of an honorable profession whose primary
motive or interest, encourage any suit or proceeding or purpose is to render public service and help secure justice
delay any man’s cause. and in which the remuneration is a mere incident.
CRIME OF MAINTENANCE – A lawyer owes to society and It is highly unethical for an attorney to advertise
to the court the duty not to stir up litigation. The following his talents or skill as a merchant advertises his wares. [In re:
are unprofessional acts within the prohibition: Tagorda 53 Phil 42]
1. Volunteering advice to bring lawsuit except where
ties of blood, relationship, and trust make it a duty Exceptions:
to do so. 1. Writing legal articles
2. Hunting up defects in titles or other causes of action 2. Engaging in business or other occupations except
and informing thereof to be employed to bring when such could be deemed improper, be seen as
suit or collect judgment, or to breed litigation by indirect solicitation or would be the equivalent of
seeking out claims for personal injuries or any law practice.
other grounds to secure them as clients.
3. Law lists, but only brief biographical and
3. Employing agents or runners for like purposes.
informative data
4. Paying direct or indirect reward to those who bring
or influence the bringing of such cases to his 4. Ordinary, professional cards
office. 5. Notice to other local lawyers and publishing in a
5. Searching for unknown heirs and soliciting their legal journal of one’s availability to act as an
employment. associate for them
6. Initiating a meeting of a club and inducing them to 6. The proffer of free legal services to the indigent,
organize and contest legislation under his even when broadcasted over the radio or
guidance. tendered through circulation of printed matter to
7. Purchasing notes to collect them by litigation at a the general public.
profit. 7. Seeking a public office, which can only be held by
a lawyer or, in a dignified manner, a position as a
A lawyer shall refrain from committing barratry and full time corporate counsel.
ambulance chasing of cases. 8. Simple announcement of the opening of a law firm
or of changes in the partnership, associates, firm
Barratry – offense of frequently inciting and stirring up name or office address, being for the convenience
quarrels and suits. The lawyer’s act of fomenting suits of the profession.
among individuals and offering his legal services to one of
them 9. Listing in a phone directory, but not under a
designation of a special branch of law.
Ambulance Chasing – a lawyer’s act of chasing the victims 10. Activity of an association for the purpose of legal
of an accident for the purpose of talking to the same victim representation.
or the latter’s relatives and offering his legal services for the
filing of the case against the person who caused the accident. Solicitation of Cases Constitutes Malpractice
The law prohibits lawyers from soliciting cases
for the purpose of gain, either personally or through paid
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
8 2005 CENTRALIZED BAR OPERATIONS
agents or brokers and makes the act malpractice [Rule 138, e. 4 hours – writing and oral advocacy
sec. 27, Rules of Court]. The rule prohibits professional f. 2 hours – international law and international
touting. Neither shall a lawyer “charge rates lower than conventions
those customarily prescribed unless the circumstances so g. 6 hours – such other subjects as may be
warrant.” prescribed by the Committee on MCLE
A lawyer’s language should be forceful but of court, without prejudice to the filing of a
dignified, emphatic but respectful as befitting an advocate criminal action against the guilty party. The
and in keeping with the dignity of the legal profession. lawyer may also be subjected to disciplinary
proceedings.
RIGHT AND DUTY OF LAWYER TO CRITICIZE COURTS
The fact that a person is a lawyer does not deprive CANON 13: AVOIDING IMPROPRIETY THAT TENDS TO
him of the right, enjoyed by every citizen, to comment on INFLUENCE THE COURT
and criticize the actuations of a judge. A lawyer shall rely upon the merits of his cause
However, what he can ordinarily say against a and refrain from any impropriety which tends to influence,
concluded litigation and the manner the judge handed down or gives the appearance of influencing the court.
the decision therein may NOT generally be said to a pending A lawyer shall not extend extraordinary attention
action. The court, in a pending litigation, must be shielded or hospitality to, nor seek opportunity for cultivating
from embarrassment or influence in its all important duty of familiarity with judges [Rule 13.01, Code of Professional
deciding the case. On the other hand, once a litigation is Responsibility]
concluded the judge who decided it is subject to the same A lawyer shall not make public statements in the
criticism as any other public official because then his ruling media regarding a pending case tending to arouse public
becomes public property and is thrown open to public opinion for or against a party. [Rule 13.02, Code of
consumption. Professional Responsibility]
But it is the cardinal condition of all such criticism A lawyer shall not brook nor invite interference
that it shall be bona fide, and shall not spill over the walls of by another branch or agency of the government in the
decency and propriety. normal course of judicial proceedings. [Rule 13.03 Code of
Professional Responsibility]
CANON 12: ASSISTING IN SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE
A lawyer shall NOT appear for trial unless he has ATTORNEY-CLIENT RELATIONSHIP
adequately prepared himself on the law and the facts of his
case, the evidence he will adduce and the order of its NATURE OF RELATION
presentation. He should also be ready with the original 1. strictly personal;
documents for comparison with the copies. [Rule 12.01 Code 2. highly confidential and fiduciary
of Professional Responsibility]
GENERAL RULES PROTECTING ATTORNEY-CLIENT
A lawyer shall NOT unduly delay a case, impede RELATIONSHIPS
the execution of judgment or misuse court processes. [Rule 1. Best efforts must be exerted by the attorney to
12.04, Code of Professional Responsibility] protect his client’s interest;
2. The attorney must promptly account for any fund
CASE: The Court further commented that it is or property entrusted by or received for his client;
understandable for a party in the situation to make full use 3. An attorney cannot purchase his client’s property
of every conceivable legal defense the law allows it. In the or interest in litigation;
appraisal, however, of such attempts to evade liability to 4. The privacy of communications shall at all times
which a party should respond, it must ever be kept in mind be upheld;
that procedural rules are intended as an aid to justice, not as 5. An attorney cannot represent a party whose
means for its frustration. Technicalities should give way to interest is adverse to that of his client even after
the realities of the situation. (Economic Insurance Co., Inc. vs. the termination of the relation.
Uy Realty Co.)
CREATION OF RELATION: FORMS OF EMPLOYMENT AS
The duty of a lawyer to assist in the speedy and COUNSEL TO A CLIENT
efficient administration of justice includes the duty to refrain 1. Oral – when the counsel is employed without a
from talking to his witness during a break or recess in the written agreement, but the conditions and
trial while the witness is still under examination. amount of attorney’s fees are agreed upon.
2. Express when the terms and conditions
FORUM SHOPPING - the act of filing repetitious suits in including the amount of fees, are explicitly
different courts. It is committed through the following: stipulated in a written document which may be a
1. Going from one court to another in the hope of
private or public document. Written contract of
securing a favorable relief in one court, which
attorney’s fees is the law between the lawyer and
another court has denied. the client.
2. Filing repetitious suits or proceedings in different 3. Implied – when there is no agreement, whether
courts concerning the same subject matter after oral or written, but the client allowed the lawyer
one court has decided the suit with finality. to render legal services not intended to be
3. Filing a similar case in a judicial court after gratuitous without objection, and the client is
receiving an unfavorable judgment from an
benefited by reason thereof.
administrative tribunal.
Note: While a written agreement for professional services is
Forum shopping is prohibited by Supreme Court the best evidence to show the relation, formality is not an
Circular No. 28-91, and the corresponding penalties for essential element of the employment of an attorney. The
violation thereof are as follows: absence of a written contract will not preclude a finding that
1. Any violation of this circular shall be a cause for
there is a professional relationship. Documentary formalism
the summary dismissal of the multiple petition or
is not an essential element in the employment of an
complaint; attorney; the contract may be express or implied.
2. Any willful and deliberate forum shopping by any
party and his lawyer with the filing of multiple ADVANTAGES OF A WRITTEN CONTRACT BETWEEN THE
petitions or complaints to ensure favorable action LAWYER AND THE CLIENT:
shall constitute direct contempt of court;
1. It is conclusive as to the amount of compensation.
3. The submission of a fake certification under par. 2
of the Circular shall likewise constitute contempt
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat),
Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 11
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
2. In case of unjustified dismissal of an attorney, he 4. A lawyer must decline to conduct a civil cause or
shall be entitled to recover from the client full to make a defense when convinced that it is
compensation stipulated in the contract [RA 636]. intended merely to harass or injure the opposite
party or to work oppression or wrong.
CANON 14: NOT TO REFUSE HIS SERVICES TO THE NEEDY However, a lawyer may accept a losing civil case
provided that, in so doing, he must not engage in dilatory
RIGHT TO DECLINE EMPLOYMENT; EXCEPTIONS tactics and must advise his client about the prospects and
General Rule: A lawyer is not obliged to act as legal advantage of settling the case through a compromise.
counsel for any person who may wish to become his client.
He has the right to decline employment.
Exceptions: LAWYER’S DUTIES TO CLIENT
1. A lawyer shall not refuse his services to the needy.
2. He shall not decline to represent a person solely CANON 15: CANDOR, FAIRNESS AND LOYALTY IN HIS
on account of the latter’s race, sex, creed or status DEALINGS AND TRANSACTIONS WITH HIS CLIENTS
of life or because of his own opinion regarding the
guilt of said person. CONFLICT OF INTEREST
3. He shall not decline, except for serious and Duty of a Lawyer to His Client in Case There is Conflict of
sufficient cause like (1) if he is not in a position to Interest
carry out effectively or competently; (2) if he A lawyer, in conferring with a prospective client
labors under a conflict of interest between him shall ascertain as soon as practicable whether the matter
and the prospective client or between a present would involve a conflict with another client or his own
and prospective client. interest, and if so, shall forthwith inform the prospective
client. [Rule 15.01]
Reasons: IBP Guidelines, Art.1, Sec. 1. Public Service: It is the duty of a lawyer at the time of retainer to
1. Legal aid is not a matter of charity but a public disclose to the client all circumstances of his relations to the
responsibility. parties and any interest in connection with the controversy,
2. It is a means for correction of social imbalance. which might influence the client in the selection of counsel.
3. Legal aid offices must be so organized as to give It is unprofessional to represent conflicting
maximum possible assistance to indigent and interests, except by express consent of all concerned given
deserving members of the community and to forestall after a full disclosure of facts. Within the meaning of this
injustice. Canon, a lawyer represents conflicting interests when, in
behalf of one client it is his duty to contend for that which
DUTY TO DECLINE EMPLOYMENT duty to another client requires him to oppose.
A lawyer should decline professional employment
even though how attractive the fee offered may be if its Tests to Determine Conflicting Interests
acceptance will involve:
1. A violation of any of the rules of the legal 1. Will the attorney be required to contest for
profession. that which his duty to another client
2. Nullification of a contract which he prepared. requires him to oppose? (Conflicting duties)
3. Advocacy in any matter in which he had 2. Will the acceptance of a new relation invite
intervened while in the government service. suspicion and/or actually lead to
4. Employment, the nature of which might easily be unfaithfulness or double-dealing towards
used as a means of advertising his professional another client? (Invitation of suspicion)
services or his skill. 3. Will the attorney be called upon in his new
5. Employment with a collection agency which relation to use against his first client any
solicits business to collect claims. knowledge acquired in the previous
6. Any matter in which he knows or has reason to employment? (Use of prior knowledge
believe that he or his partner will be an essential obtained)
witness for the prospective client.
INSTANCES WHEN A LAWYER IS CONSIDERED HAVING
ETHICAL CONSIDERATIONS IN TAKING A BAD CASE CONFLICTING DUTIES
In a Criminal Case: A lawyer may accept a losing criminal 1. As an employee of a corporation whose duty is to
case because every accused is presumed innocent and is attend legal affairs, he cannot join a labor union of
entitled to counsel. employees in that corporation;
2. As a lawyer who investigated an accident as
In a Civil Case: The rules and ethics of the profession enjoin counsel for an insurance, he cannot represent the
a lawyer from taking a bad case. injured person;
3. As a receiver of a corporation, he cannot
represent the creditor;
Reasons: 4. As a representative of the obligor, he cannot
1. The attorney’s signature in every pleading represent the obligee;
constitutes a certificate by him that there is good 5. As a lawyer representing a party in a compromise
cause to support it and that it is not interposed for agreement, he cannot be subsequent lawyer
delay, and willful violation of such rule shall representing another client who seeks to nullify
subject him to disciplinary action. the agreement;
2. It is the attorney’s duty to “counsel or maintain
such actions or proceedings only as appear to him Effects of Representing Adverse Interests
to be just and only such defenses as he believes to 1. Disqualification as counsel of new client on
be honestly debatable under the law.” petition of former client.
3. A lawyer is not to encourage either the 2. Where such is unknown to, and becomes
commencement or the continuance of an action or prejudicial to the interests of the new client, a
proceeding, or delay any man’s cause, for any judgment against such may, on that ground, be set
corrupt motive or interest. aside.
3. A lawyer can be held administratively liable deserves full attention, diligence, skill and competence,
through disciplinary action and may be held regardless of importance. (Rollon vs. Atty. Naraval, A.C. No.
criminally liable for betrayal of trust. 6424, March 4, 2005)
4. The attorney’s right to fees may be defeated if
found to be related to such conflict and such was CANON 18: SERVE CLIENT WITH COMPETENCE AND
objected to by the former client, or if there was a DILIGENCE
concealment and prejudice by reason of the
attorney’s previous professional relationship with DUTY TO PROTECT CLIENT’S INTEREST
the opposite party. The attorney’s duty to safeguard the client’s
interests commences from his retainer until his effective
CASE: Jurisprudence instructs that there is a release from the case or the final disposition of the whole
representation of conflicting interests if the acceptance of subject matter of the litigation. During that period he is
the new retainer will require the attorney to do anything expected to take such reasonable steps and such ordinary
which will injuriously affect his first client in any matter in care as his client’s interests may require.
which he represents him and also whether he will be called
upon in his new relation, to use against his first client any PREPARATION OF PLEADINGS
knowledge acquired through their connection. Another test A lawyer shall not handle any legal matter
to determine if there is a representation of conflicting without any adequate preparation. (Rule 18.02)
interests is whether the acceptance of a new relation will A lawyer should prepare his pleading with great
prevent an attorney from the full discharge of his duty of care and circumspection. He should refrain from using
undivided fidelity and loyalty to his client or invite suspicion abrasive and offensive language, for it merely weakens
of unfaithfulness or double dealing in the performance rather than strengthens the force of legal reasoning and
thereof. (Pormento, Sr. vs. Atty. Pontevedra, A.C. No. 5128, detracts from its persuasiveness. In preparing a complaint
March 31, 2005) for damages, counsel for plaintiff should allege and state the
specific amounts claimed not only in the body of the
CANON 16: LAWYER’S DUTY TO HOLD IN TRUST ALL THE complaint but also in the prayer, so that the proper docket
MONEY AND PROPERTY OF HIS CLIENT THAT MAY COME fees can be assessed and paid.
TO HIS POSSESSION
PROHIBITION AGAINST PURCHASE OF PROPERTY IN DUTY TO KEEP CLIENT FULLY INFORMED
LITIGATION A lawyer shall keep the client informed of the
status of his case. (Rule 18.04)
Elements of Prohibition He should notify his client of an adverse decision
1. There is an attorney-client relationship; while within the period to appeal to enable his client to
2. The property is in litigation; decide whether to seek an appellate review. He should
3. The attorney is the counsel of record in the case; communicate with him concerning the withdrawal of appeal
4. The attorney, by himself or through an agent, with all its adverse consequences. The client is entitled to
purchases such property during the pendency of the fullest disclosure of the mode or manner by which his
said case [Art. 1491 of the Civil Code] interest is defended or why certain steps are taken or
omitted.
Other Instances Where Rule is Inapplicable
1. Where the property purchased by a lawyer was Doctrine of Imputed Knowledge the knowledge acquired
not involved in litigation. by an attorney during the time that he is acting within the
2. Where the sale took place before it became scope of his authority is imputed to the client.
involved in the suit. It is based on the assumption that an attorney,
3. Where the attorney at the time of the purchase who has notice of matter affecting his client, has
was not counsel in the case. communicated the same to his principal in the course of
4. Where the purchaser of the property in litigation professional dealings. The doctrine applies regardless of
was a corporation even though the attorney was whether or not the lawyer actually communicated to the
an officer thereof. client what he learned in his professional capacity, the
5. Where the sale took place after the termination of attorney and his client being one juridical person.
the litigation. Exceptions to the Rule that Notice to Counsel is Notice to
6. A lawyer may accept an assignment from his Client
client of a money judgment rendered in the 1. If strict application might foster dangerous
latter’s favor in a case in which he was not collusion to the detriment of justice.
counsel, in payment of his professional services 2. Service of notice upon party instead of upon his
performed in another case. attorney is ordered by court.
7. Prohibition is inapplicable to a contract for 3. Notice of pre trial is required to be served upon
attorney’s fees contingent upon the outcome of parties and their respective lawyers.
the litigation. 4. In appeal from the lower court to the RTC, upon
docketing of appeal.
CANON 17: FIDELITY TO THE CAUSE OF HIS CLIENT AND
MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN DUTY WHEN THE ACCUSED INTENDS TO PLEAD GUILTY
HIM A PLEA OF GUILTY is an admission by the
CASE: Ordinarily, lawyers are not obliged to act either as accused of his guilt of crime as charged in the information
advisers or as advocates of any person who may wish to and of the truth of the facts alleged, including the qualifying
become their client. They may decline employment and and aggravating circumstances.
refuse to accept representation, if they are not in a position It is the duty of the defense counsel when his
to carry it out effectively or competently. But once they client desires to enter a plea of guilty to: (ACEPA)
agree to handle a case, attorneys are required by the Canons 1. Fully acquaint himself with the records and
of Professional Responsibility to undertake the task with surrounding circumstances of the case
zeal, care and utmost devotion. 2. Confer with the accused and obtain from him his
Acceptance of money from a client establishes an account of what had happened
attorney-client relationship and gives rise to the duty of 3. Advise him of his constitutional rights
fidelity to the client’s cause. Every case accepted by a lawyer
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat),
Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 13
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
4. Thoroughly explain to him the import of a guilty 1. Party is not bound by the attorney’s appearance
plea and the inevitable conviction that will follow in the case in or by the judgment rendered
5. See to it that the prescribed procedure which therein.
experience has shown to be necessary to the 2. Court does not acquire jurisdiction over the
administration of justice is strictly followed and person.
disclosed in the court records. 3. The adverse party who has been forced to litigate
as a defendant by the unauthorized action on the
DUTY TO COMPLY WITH CLIENT’S LAWFUL REQUEST part of the attorney for the plaintiff may, on that
A client shall respond within a reasonable time to ground, move for the dismissal of the complaint.
the client’s request for information. (Rule 18.04) 4. If unauthorized appearance is willful, attorney
A lawyer should endeavor to seek instruction may be cited for contempt as an officer of the
from his client on any substantial matter concerning the court who has misbehaved in his official
litigation, which may require decision on the part of the transactions, and he may be disciplined for
client, such as whether to compromise the case or to appeal professional misconduct.
an unfavorable judgment. He should give his client sound
advice on any such and similar matters and comply with the Ratification of Unauthorized Appearance
client’s lawful instructions relative thereto. He should resist 1. EXPRESS: categorical assertion by client that he
and should never follow any unlawful instruction of his has authorized a lawyer or that he confirms his
client. authorization to represent him in the case.
2. IMPLIED: where a party with knowledge of the
CANON 19: DUTY TO REPRESENT CLIENT WITH ZEAL fact that a lawyer has been representing him in a
AND WITHIN THE BOUNDS OF THE LAW case, accepts benefits of representation or fails to
promptly repudiate the assumed authority.
DUTY TO RESTRAIN CLIENT FROM IMPROPRIETY
A lawyer should use his best efforts to restrain Requisites for Implied Ratification by Silence
and to prevent his client from doing those things which he 1. Party represented by lawyer must be of age,
himself ought not to do, particularly with reference to the competent or if suffers from disability, has
conduct toward the court, judicial officer, witness and suitor guardian or legal representative.
and if the client persists in such wrong doing, the lawyer 2. Party or guardian is aware of attorney’s
should terminate their relation. representation.
3. He fails to promptly repudiate assumed authority.
Duty to Advice Candidly
As officers of the court, counsels are under Authority of Attorney in the Conduct of Litigation
obligation to advise their clients against making untenable A lawyer has authority to bind the client in all
and inconsistent claims. The counsel should inform his matters of ordinary judicial procedure. He can bind his
client and dissuade him from filing the case if totally devoid client on substantial matters only with the client’s express or
of merit. If he finds that his client’s cause as fairly implied consent.
meritorious and ripe for judicial adjudication, he should A client may waive, surrender, dismiss, or
refrain from making bold and confident assurances of compromise any of his rights involved in a litigation in favor
success. of the other party even without or against the consent of his
attorney.
Duty of Lawyer in Case of Knowledge of Client’s Fraud
1. He must promptly call upon the client to rectify the Authority to Compromise
same and failing which, Compromise- a contract whereby the parties, by making
2. He shall terminate their relationship with such client in reciprocal concessions, avoid a litigation or put an end to
accordance with the Rules of Court. one already commenced.
who has good cause prejudiced and denied a day fees are paid whether or not there are cases
in court. referred to the lawyer.
4. Gross negligence of lawyer. 2. Special retainer – fee for a specific case or
5. Lack of acquaintance with technical part of service rendered by the lawyer for the client.
procedure.
Situations when Counsel cannot Recover the Full
CANON 20: DUTY OF THE LAWYER TO CHARGE ONLY Amount of Attorney’s Fees Despite Written Contract
FAIR AND REASONABLE FEES 1. When the services called for were not performed
as when the lawyer withdrew before the case was
ATTORNEY’S FEES finished. He will be allowed only reasonable fees
2. When there is a justified dismissal of the attorney,
Factors in Determining Attorney’s Fees (Rule 20.1, Canon the contract will be nullified and payment will be
20) (TINSAP²C³) on the basis of quantum meruit only. A contrary
1. time spent and the extent of the services rendered stipulation will be invalid.
or required; 3. When the stipulated attorney’s fees are
2. novelty and the difficulty of the questions unconscionable i.e., when it is disproportionate as
involved; compared to the value of services rendered and is
3. importance of the subject matter; revolting to human conscience.
4. skill demanded; 4. When the stipulated attorney’s fees are in excess
5. probability of losing other employment as a result of what is expressly provided by law.
of the acceptance of the proffered case; 5. When the lawyer is guilty of fraud or bad faith
6. customary charges for similar services and the toward his client in the matter of his employment
schedule of fees of the IBP Chapter to which he 6. When the counsel’s services are worthless
belongs; because of h is negligence.
7. amount involved in the controversy and the 7. When contract is illegal, against morals or public
benefits resulting to the client from the service; policy.
8. contingency or certainty of compensation; 8. Serving adverse interest unless lawyer proves
9. character of the employment whether occasional that it was with the consent of both parties.
or established; and
10. the professional standing of the lawyer. Quantum Meruit means as much as the lawyer deserves
or such amount as his services merit.
Two Concepts of Attorney’s Fees
1. Ordinary- it is the reasonable compensation paid Guides for Determining Attorney’s Fees on Quantum
to the lawyer for the legal services he had Meruit Basis (TINS)
rendered the client. The basis of this 1. Time spent and extent of the services rendered or
compensation is the fact of employment by the required – a lawyer is justified in fixing higher
client. fees when the case is so complicated and requires
2. Extraordinary- an indemnity for damages more time and effort to finish it.
ordered by the court to be paid by the losing party 2. Novelty and difficulty of questions involved –
to the prevailing party in a litigation. The basis of when the questions in a case are novel and
this is any of the cases authorized by law and is difficult, greater effort, deeper study and research
payable not to the lawyer but to the client unless are bound to burn the lawyer’s time and stamina
they have agreed that the award shall pertain to considering that there are no local precedents to
the lawyer as additional compensation or as part rely upon
thereof. 3. Importance of subject matter the more
important the subject matter or the bigger the
Kinds of Payment which may be Stipulated Upon value of the interest of property in litigation, the
1. FIXED OR ABSOLUTE FEE – which is payable higher is the attorney’s fees
regardless of the result of the case. 4. Skill demanded of a lawyer the totality of the
2. CONTINGENT FEE – that is conditioned on the lawyer’s experience provides him the skill and
securing of a favorable judgment and recovery of competence admired in lawyers.
money or property and the amount of which may
be on a percentage basis. Instances of Recovery of Attorney’s Fees on the Basis of
3. A fixed fee payable PER APPEARANCE. Quantum Meruit
4. A fixed fee computed upon the NUMBER OF 1. There is no express contract for payment of
HOURS SPENT attorney’s fees agreed upon between the lawyer
5. A fixed fee based on PIECEWORK. and the client.
6. COMBINATION of any of the above. 2. When although there is a formal contract for
attorney’s fees, the fees stipulated are found
RETAINER- may refer to either of two concepts: unconscionable.
1. Act of a client by which he engages the services of 3. When the contract for attorney’s fees is void due
an attorney to render legal advice or to defend or to formal matter.
prosecute his cause in court. 4. When for justifiable cause the lawyer was not able
2. Fee which a client pays to the attorney to finish the case.
5. When the lawyer and the client disregard the
Kinds of Retainer Agreements contract for fees.
1. General retainer – the fee paid to a lawyer to 6. When the client dismissed his counsel before the
secure his future services as “general counsel” for termination of the case or the latter withdrew
any ordinary legal problem that may arise in the therefrom for valid reasons.
ordinary business of the client and referred to
him for legal action. The client pays fixed retainer Champertous Contract - one where the lawyer stipulates
fees, which could be monthly or otherwise. The with his client in the prosecution of the case that he will bear
all of the expenses for the recovery of things or property
being claimed by the client, and the latter agrees to pay the
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat),
Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 15
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
former a portion of the thing or property recovered as government funds if available based on the
compensation. It is void for being against public policy. amount fixed by the court.
3. Amicus Curiae - not entitled to attorney’s fees
CONTINGENT vs. CHAMPERTOUS
CONTINGENT CHAMPERTOUS ATTORNEY’S LIEN
CONTRACT CONTRACT Charging Lien - is an equitable right to have the fees and
1. Contingent fee is 1. Payable in kind lawful disbursements due a lawyer for his services in a suit
payable in cash ONLY secured to him out of the judgment for the payment of
2. Lawyers do not 2.Lawyers undertake money and executions issued in pursuance thereof in the
undertake to pay all to pay all expenses of particular suit.
expenses of litigation litigation
Requisites of a Charging Lien
3. Not prohibited 3. Void 1. Existence of a client-lawyer relationship;
2. The attorney has rendered services;
Enforcement of Attorney’s Fees
3. Favorable judgment secured by the counsel for
his client which judgment is a money judgment;
General Rule: A lawyer should avoid the filing of any case
against client for enforcement of attorney’s fees 4. The attorney has a claim for attorney’s fees or
Exceptions: advances;
1. to prevent imposition 5. Noting into the records of the case through the
2. to prevent injustice filing of an appropriate motion of the statement of
3. to prevent fraud the lawyer’s claim for attorney’s fee with copies
furnished to the client and adverse party.
Who are Entitled to Attorney’s Fees
General Rule: Only lawyers are entitled to attorney’s fees. Retaining Lien – a right merely to retain the funds,
The same cannot be shared with a non-lawyer. It is immoral. documents, and papers as against the client until the
Exceptions: attorney is fully paid his fees.
A lawyer may divide a fee for legal services with
persons not licensed to practice law: (CPR) Requisites: (ALU)
1. a lawyer undertakes to complete unfinished legal 1. Attorney-client relationship;
business of a deceased lawyer; 2. Lawful possession by the lawyer of the client’s
2. there is a pre-existing agreement with a partner funds, documents and papers in his professional
or associate that, upon the latter’s death, money capacity;
shall be paid over a reasonable period of time to
3. Unsatisfied claim for attorney’s fees
his estate or to persons specified in the
agreement;
3. a lawyer or law firm includes non-lawyer
RETAINING LIEN VS.CHARGING LIEN
employees in retirement plan, even if the plan is
Point of Retaining Lien Charging Lien
based in whole or in part on the profit sharing
Distinction
agreement
1. Nature Passive Lien. It Active Lien. It
Effect of Nullity of Contract on the Right to Attorney’s
cannot be can be
Fees
actively enforced by
1. if the nullification is due to the illegality of its enforced. It is a execution. It is
object, the lawyer is precluded from recovering; general lien. a special lien.
2. if the nullity is due to a formal defect or because 2. Basis Lawful Securing of a
the court has found the amount to be possession of favorable
unconscionable, the lawyer may recover for any papers, money
services rendered based on quantum meruit. documents, judgment for
property the client.
Instances When an Independent Civil Action to Recover belonging to the
Attorney’s Fees is Necessary client.
1. Main action is dismissed or nothing is awarded; 3. Coverage Covers papers, Covers all
2. Court has decided that it has no jurisdiction over documents, and judgment for
the action or has already lost it; properties in the payment of
3. Person liable for attorney’s fees is not a party to the lawful money and
the main action; possession of execution
4. Court reserved to the lawyer the right to file a the attorney by issued in
separate civil suit for recovery of attorney’s fees; reason of his pursuance of
5. Services for which the lawyer seeks payment are professional such
not connected with the subject litigation; employment. judgments.
6. Judgment debtor has fully paid all of the judgment
proceeds to the judgment creditor and the lawyer
has not taken any legal step to have his fees paid
directly to him from the judgment proceeds.
Compensation to Which a Lawyer is Entitled to
Depending on His Capacity 4. Effect As soon as the As soon as the
1. Counsel de Parte - He is entitled to a reasonable attorney gets claim for
attorney’s fees agreed upon or in the absence possession of attorney’s fees
thereof, on quantum meruit basis. the papers, had been
2. Counsel de Oficio - The counsel may not demand documents, or entered into
from the accused attorney’s fees even if he wins property. the records of
the case. He may however collect from the the case.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
16 2005 CENTRALIZED BAR OPERATIONS
5. Notice Client need not Notice must be 3. When disclosure is made to protect the lawyer’s
be notified to served upon rights (i.e., to collect his fees or defend himself, his
make it client and employees or associates or by judicial action).
effective. adverse party 4. When such communications are made in
contemplation of a crime or the perpetuation of a
6. Applicability May be Generally, fraud
exercised before exercisable
judgment or only when the LAWYER AS WITNESS
execution or attorney had A lawyer shall avoid testifying in behalf of his client.
regardless already Reason: The function of a witness is to tell the facts as he
thereof. secured a recalls them in answer to questions. The function of an
favorable advocate is that of a partisan. It is difficult to distinguish
judgment for between the zeal of an advocate and the fairness and
his client. impartiality of a disinterested witness.
7.Extinguish- When When client
ment possession loses action as Instances when a lawyer may NOT testify as a witness
lawfully ends lien may only in a case which he is handling for a client:
when as lawyer be enforced 1. When such would adversely affect any lawful
voluntarily against interest of the client with respect to which
parts with judgment confidence has been reposed on him;
funds, awarded in 2. Having accepted a retainer, he cannot be a
documents, and favor of client, witness against his client;
papers of client proceeds 3. He cannot serve conflicting interests;
or offers them thereof/ 4. When he is to violate the confidence of his client;
as evidence. executed 5. When as an attorney, he is to testify on the theory
thereon. of the case.
General Rule: Losing client and not the lawyer is liable for 7. Aiding in unauthorized practice of law
costs of suit in favor of prevailing party, lawyer not being (suspended or disbarred)
party-litigant. 8. Unlawful retention of client’s funds
Exception: Where the lawyer insisted on client’s patently
9. Advise client to commit contemptuous acts
unmeritorious case or interposed appeal to delay litigation
or thwart prompt satisfaction of prevailing party’s just and
III. BAR DISCIPLINE
valid claim, court may adjudge lawyer to pay treble costs of
suit.
Specific Acts which May Result to Criminal Liability 2. The Court of Appeals and the Regional Trial Courts
1. A lawyer who has undertaken the defense of are also empowered to (WARS)
client or has received confidential information a. Warn
from said client in a case may be criminally liable b. Admonish
for undertaking defense of opposing party in c. Reprimand and
same cause without consent of first client.[Art. d. Suspend an attorney who appears
209, RPC] before them from the practice of law
2. A lawyer who shall knowingly introduce in for any of the causes mentioned in
evidence in any judicial proceeding or to the Section 27, Rule 138 [Section 16, Rule
damage of another or who, with intent to cause 139-B].
such damage, shall use any false document may be Note: But they cannot disbar a lawyer.
held criminally liable therefor. [Art.172, RPC]
3. A lawyer who misappropriates his client’s funds
may be held liable for estafa. FORMS OF DISCIPLINARY MEASURES (WARS – CD)
DEFENSES
The purpose and nature of disbarment SUSPENSION OR DISBARMENT
proceedings make the number of defenses available in civil A lawyer who has been suspended or disbarred
and criminal actions inapplicable in disciplinary cannot practice law without being held liable for contempt
proceedings. The Statute of Limitations is not a defense in of court. The suspended lawyer may be disbarred for
disciplinary proceedings nor does the fact the circumstance violation of the suspension order. Such judgment does not
that facts set up as ground for disbarment constitute crime, prohibit pro se practice (Geeslin vs. Navarro; 185 SCRA).
the prosecution for which in criminal action is barred by If the lawyer holds a government office which
prescription, preclude the disbarment proceeding. requires membership in the bar as an indispensable
However, the fact that a considerable length of qualification, he may be dismissed from said office
time has lapsed from the date the misconduct took place to (Collantes vs. Renomeron; 200 SCRA).
date the complaint for disbarment was filed may indicate
ulterior motive on the part of complainant or innocence on
the part of respondent. REINSTATEMENT
unprofessional conduct of which the judge may have become A judge may, in the exercise of his sound
aware. discretion disqualify himself, for just and valid reasons other
than those mentioned above. [Section 1, Rule 137]
CANON 3: IMPARTIALITY This leaves the discretion to the judge to decide
Judges shall perform their judicial duties without favor, for himself questions as to whether he will desist from
bias or prejudice. sitting in case for other just and valid reasons with only his
conscience to guide him, unless he cannot discern for
himself his inability to meet the test of the cold neutrality
DISQUALIFICATIONS OF JUDGES required of him, in which event the appellate court will see
to it that he disqualifies himself.
Grounds for Disqualification and Inhibition of Judges A decision to disqualify himself is not conclusive
Under the New Code of Judicial Conduct: and his competency may be determined on application for
Judges shall disqualify themselves from mandamus to compel him to act. Judge’s decision to continue
participating in any proceedings in which they are unable to hearing a case in which he is not legally prohibited from
decide the matter impartially OR in which it may appear to a trying notwithstanding challenge to his objectivity may not
reasonable observer that they are unable to decide the constitute reversible error.
matter impartially. Such proceedings include, but are NOT The filing of an administrative case against a
limited to, instances where: judge does not disqualify him from hearing a case. The court
1. the judge has actual bias or prejudice concerning has to be shown other than the filing of administrative
a party or personal knowledge of disputed complaint, act or conduct of judge indicative of arbitrariness
evidentiary facts concerning the proceedings; or prejudice before the latter being branded as the stigma of
2. the judge previously served as a lawyer or was a being biased or partial.
material witness in the matter in controversy;
*DISQUALIFICATION vs. INHIBITION
3. the judge, or a member of his or her family, has an DISQUALIFICATION INHIBITION
economic interest in the outcome of the matter in
1. The Rules enumerates the 1. The Rules does not
controversy;
specific and exclusive expressly
4. the judge served as executor, administrator, grounds under which any enumerate the
guardian, trustee, or lawyer in the case or matter judge or judicial officer is specific grounds for
in controversy, or a former associate of the judge disqualified from acting as inhibition but
served as counsel during their association, or the such. merely gives a
judge or lawyer was a material witness therein; broad basis thereof,
5. the judge’s ruling in a lower court is the subject of i.e. good, sound or
review; ethical grounds
6. 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
7. 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. (Sec. 5)
2. Rule gives the judicial 2. Rules leaves the
Remittal of Disqualification: A judge disqualified as stated officer no discretion to try or matter of inhibition
above may, instead of withdrawing from the proceeding, sit in a case to the sound
disclose on the records the basis of disqualification. If based discretion of the
on such disclosure, the parties and lawyers independently of judge
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 CASE: The second paragraph of Section 1, Rule 137 does
the record of the proceedings. (Sec. 6) not give the judge the unfettered discretion to decide
whether or not he will desist from hearing a case. the
Grounds for Disqualification and Inhibition of Judges inhibition must be for just and valid causes. The mere
Under the Rules of Court: imputation of bias or partiality is not enough grounds for a
1. Mandatory or Compulsory Disqualification [Rule 137, judge to inhibit, especially when the same is without any
ROC] basis. (People vs. Kho, 357 SCRA 290, April 20, 2001)
a. when he, or his wife, or child is pecuniarily
interested as heir, legatee, creditor or CANON 4: PROPRIETY
otherwise Judges shall, in their personal relations with
b. when he is related to either party within the individual members of the legal profession who practice
sixth (6th) degree of consanguinity or affinity regularly in their court, avoid situations which might
or to counsel within the fourth (4th) civil reasonably give rise to the suspicion or appearance of
degree favoritism or partiality. (Sec. 3)
c. when he has been an executor, guardian, Judges shall not allow the use of their residence
administrator, trustee or counsel by a member of the legal profession to receive clients of the
d. when he has presided in an inferior court latter or of other members of the legal profession. (Sec. 5)
where his ruling or decision is subject to
review PROHIBITION TO DISCLOSE INFORMATION
2. Voluntary Inhibition Confidential information acquired by judges in
their judicial capacity shall not be used or disclosed by for
any other purpose related to their judicial duties. (Sec. 9)
CANON 1: PROMPT DISPOSITION OF CASES A judge shall be faithful to the law and maintain
A judge should administer justice impartially and professional competence. [Rule 3.01]
without delay. [Rule 1.02]
A judge shall dispose of the court’s business CASE: In the case Exequiel Domingo vs. Judge Luis Reyes
promptly and decide cases within the required periods. [A.M. NO. MTJ-98-1165, June 21, 1999] the Supreme Court
[Rule 3.05] held that judges are expected to keep abreast of
CASES: In the Request of Judge Irma Zita Masamayor [A.M. developments in law and jurisprudence. The SC does not
NO. 99-1-16, RTC, June 21 1999] it was held that cognizant of countenance respondent judge’s failure to inform himself of
the caseload of judges and mindful of the pressure of their recent jurisprudential rules. His error, while an honest one
work, the Supreme Court almost always grants requests for and committed for the purpose of achieving the ends of
extension of time to decide cases. A heavy caseload may justice, must never happen again. Respondent judge was
excuse a judge’s failure to decide cases within the reprimanded for IGNORANCE OF THE LAW.
reglementary period, but not his or her failure to request for Where a partner accepts public office, he shall
an extension of time before the expiration of the period to be withdraw from the firm and his name shall be dropped from
extended. the firm name unless the law allows him to practice
In Bernardo vs. Judge Amelia Fabros [A.M. NO. MTJ- concurrently. [Rule 3.03]
99-1189, May 12, 1999], the Supreme Court has always A judge cannot take refuge behind the inefficiency
considered the failure of a judge to decide a case within the or mismanagement by court personnel. Proper and efficient
reglementary period as GROSS INEFFICIENCY and imposed court management is as much as his responsibility. It is also
either fine or suspension from service without pay for such. his duty to organize and supervise the court personnel to
The fines imposed vary in each case, depending chiefly on ensure the prompt and efficient dispatch of business.
the number of cases not decided within the reglementary
period and other factors to wit: the presence of aggravating CANON 4: ENGAGING IN ACTIVITIES TO IMPROVE THE
circumstances – the damage suffered by the parties as a LAW
result of the delay, the health and age of the judge, etc. A judge may, with due regard to official duties,
engage in activities to improve the law, the legal system and
the administration of justice.
CANON 2: AVOIDANCE OF IMPROPRIETY A judge may, to the extent that the following
A judge should avoid impropriety and the activities do not impair the performance of judicial duties or
appearance of impropriety in all activities. cast doubt on the judge’s impartiality:
CASES: In Manuel vs. Judge Demetrio Calimay, Jr. [A.M. NO. a. speak, write, lecture, teach or participate in
RTJ-99-1441, May 28, 1999] it was held that the fact that the activities concerning the law, the legal system and
charges proffered in the instant case do not directly refer to the administration of justice;
respondent judge’s official functions does not mean he is b. appear at public hearing before a legislative or
totally free from blame. Canon 2 of the Code of Judicial executive body on matters concerning the law, the
Conduct provides that a judge should not only avoid legal system or the administration of justice and
impropriety but also the appearance of impropriety in all his otherwise consult with them on matter
activities. He should behave at all times as to promote public concerning the administration of justice;
confidence in the integrity and impartiality of the judiciary.
He should be extra careful in all his dealings – both in his
c. serve on any organization devoted to the
professional and individual capacities – in order to promote improvement of the law, the legal system or the
and protect the image of the judiciary to which he is administration of justice. [Rule 4.01]
privileged to belong.
CANON 5: REGULATION OF THE EXTRAJUDICIAL
Respondent, in removing the bamboo poles and
ACTIVITIES OF A JUDGE
fishing nets installed by complainant, acted in his private
A judge should regulate extra-judicial activities so
capacity. Nevertheless, without in any way prejudging
respondent’s liability, respondent should be admonished to as to minimize the risk of conflict with judicial duties.
be careful even in his private conduct because he is a model
AVOCATIONAL/CIVIC/CHARITABLE ACTIVITIES
of the law-abiding citizen and, for this reason, his private life
A judge may engage in the following activities
cannot be completely separated from his public persona.
provided that they do not interfere with the performance of
(Bernardo vs. Judge Tiamson, A.M. No. RTJ-00-1565. August 6,
judicial duties or detract from the dignity of the court: write,
2001)
lecture, teach and speak on non-legal subject
In Prosecutor Leo Tabao vs. Judge Pedro Espina
[A.M. NO. RTJ-96-1347, June 29, 1999] it was held that a. engage in the arts, sports and other special
recreational activities
apropos the issue on the hasty rendition of judgment in a
b. participate in civic and charitable activities
criminal case, the Supreme Court has reminded members of
c. serve as an officer, director, trustee, or non-legal
the bench time and again that as exemplars of justice and
advisor of a non-profit or non-political,
law, judges must avoid not only impropriety but even the
educational, religious, charitable, and fraternal or
appearance of impropriety in all their actions. Neither
should they take undue interest in the settlement of criminal civic organization. [Rule 5.01]
cases as the same may compromise the integrity and
FINANCIAL ACTIVITIES
impartiality of their office.
A judge shall refrain from financial and business
dealings:
A judge should so behave at all times as to
promote public confidence in the integrity of the judiciary. 1. that tend to reflect adversely on the court’s impartiality
[Rule 2.01] 2. that interfere with the proper performance of judicial
activities
3. that increase involvement with lawyers or persons
likely to come before the court [Rule 5.02]
CANON 3: PERFORMANCE OF DUTIES WITH HONESTY, A judge should so manage investments and other
IMPARTIALITY AND DILIGENCE financial interests as to minimize the number of cases giving
A judge should perform official duties honestly grounds for disqualification.
and with impartiality and diligence. Subject to the provisions of the preceding rule, a
judge may hold and manage investments but should not
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat),
Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 27
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
serve as an officer, director, manager, advisor, or employee 1. Any public officer or employee or any private individual,
of any business except as director of a family business of the who directly or indirectly obstructs, defeats and violates or
judge. [Rule 5.03] in any manner impedes or impairs the civil rights and
liberties of persons shall be liable for damages. [Art. 32, Civil
FIDUCIARY ACTIVITIES Code]
The responsibility for damages is not however
PROHIBITION TO SERVE AS EXECUTOR, demandable of judges except when the act or omission of the
ADMINISTRATOR, ETC. judge constitutes a violation of the Penal Code or other penal
General Rule: The judge shall not serve as (a) executor, statute. [Art. 32, last par.]
(b) administrator, (c) trustee, (d) guardian, (e) fiduciary. 2. A judge who willfully or negligently renders a decision
Exception: when the estate, trust, ward or person for causing damages to another, shall indemnify the latter for
whom he will act as executor, administrator, trustee, the same.
guardian or fiduciary is a member of the immediate family- A judge is also civilly liable for damages, if in
which is limited to the spouse and relatives within the refusing or neglecting to decide a case without just cause, a
second degree of consanguinity – provided that the judge’s person suffered material or moral loss without prejudice to
services as fiduciary shall not interfere with the any administrative action that may be taken against him.
performance of his judicial functions [Rule 5.06]. [Art. 27, Civil Code]
In such exceptional cases, the judge SHALL NOT:
a. serve in proceeding that might come before the DISABILITIES OF JUDGES UNDER THE CIVIL CODE
court of said judge 1. Art. 1491. The following persons cannot acquire by
b. act as such contrary to Rules 5.02 to 5.05. purchase, even at a public or judicial action, either in person
(Note: the relationship mentioned is by consanguinity or through the mediation of another:
and not by affinity.) xxx
(5) Justices, judges, prosecuting attorneys, clerks of
PROHIBITION TO BE APPOINTED IN QUASI-JUDICIAL superior and inferior courts and other officers and
AND ADMINISTRATIVE AGENCIES employees connected with the administration of justice, the
A judge shall not accept appointment or property and rights in litigation or levied upon an execution
designation to any agency performing quasi-judicial or before the court within whose jurisdiction or territory they
administrative functions. [Rule 5.09] exercise their respective functions, this prohibition includes
The prohibition is based on Section 12, Art. VIII of the act of acquiring by assignment and shall apply to
the Constitution which provides: “The members of the lawyers, with respect to the property and rights which may
Supreme Court and of other courts established by law shall be the object of any litigation in which they may take part by
not be designated to any agency performing quasi-judicial or virtue of their profession.
administrative functions.” Xxx
The appointment to such positions will likely
interfere with the performance of the judicial functions of a 2. Art. 739. Donations made to a judge, his wife,
judge hence, the prohibition. descendants and ascendants by reason of his office are void.
4. Knowingly Rendering an Unjust Interlocutory to violate the law or were in persistent disregard of well-
Order – Any judge who shall knowingly render an known legal rules.
unjust interlocutory order or decree shall suffer the Inefficiency - implies negligence, incompetence, ignorance
penalty of arresto mayor in its minimum period and and carelessness. A judge would be inexcusably negligent if
suspension; but if he shall have acted by reason of he failed to observe in the performance of his duties that
inexcusable negligence or ignorance and the diligence, prudence and circumspection which the law
interlocutory order or decree be manifestly unjust, the requires in the rendition of any public service.
penalty shall be suspension. [Art. 206, Revised Penal
Code] CASES: In the case of In Re: Leaves Of Absence Without
Approval Of Judge Eric Calderon [A.M. 98-8-105 MTC, January
5. Maliciously Delaying the Administration of Justice – 26, 1999] - Judge Calderon was found guilty of gross
The penalty of prision correccional in its minimum period misconduct, abandonment of office and was dismissed due to
shall be imposed upon any judge guilty of malicious delay in his frequent leave of absence totaling to 3 years which were
the administration of justice. not approved and his explanations were inexcusable. He has
To make the judge liable, the act must be committed caused great disservice to many litigants and has denied
maliciously with deliberate intent to prejudice a party in a them speedy justice.
case. In the case of In Re: Judge Danilo Tenerife [255
SCRA 184] - The failure of a judge to decide even a single
case within the 90-day period was considered gross
6. Malfeasance Under the Anti-Graft and Corrupt inefficiency warranting the imposition of fine equivalent to
Practices Act his one month salary.
A judge is criminally liable for causing an undue injury to
a person or giving any private party an unwarranted benefit,
advantage or preference in the discharge of his official Effect of resignation or retirement of a judge when
function through manifest partiality, evident bad faith and there is a pending administrative case against him
gross inexcusable negligence. [Section 3(e), R.A. 3019] The retirement/resignation of a judge may or
may not render the administrative complaint moot and
academic. Each case will be determined according to its
DISCIPLINE OF MEMBERS OF THE BENCH surrounding circumstances. (Pagayao vs. Imbing, A.M. No.
89-403. August 15, 2001; Lilia vs. Judge Famunal, A.M. No.
POWER TO DISCIPLINE ERRING MEMBERS OF THE RTJ-99-1503. December 13, 2001)
BENCH According to Pesole vs. Rodriguez [81 SCRA 208]
The Supreme Court has administrative the acceptance by the President of the resignation does not
supervision over all courts and the personnel thereof necessarily render the case moot or deprive the SC of the
[Section VI, Art. VIII, Constitution]. The Court en banc has authority to investigate the charges. The court retains its
the power to discipline all judges of lower courts including jurisdiction either to pronounce the respondent official
justices of the Court of Appeals. It may even dismiss them by innocent of the charges or declare him guilty thereof. A
a majority vote of the members who actually took part in the contrary rule will be fraught with injustice and pregnant
deliberation of the issues in the case and voted thereon with dreadful and dangerous implications.
[Section XI, Art. VIII, Constitution].
The inferior courts (MTCs) are not empowered PROCEDURE FOR DISCIPLINE OF JUDGES (RULE 140)
even just to suspend an attorney, although they may cite or 1. Complaint, in writing and duly sworn to is filed
hold a lawyer in contempt of court for contemptuous acts. with the Supreme Court. [Sec. 1]
Justices and judges, who are also lawyers, if found 2. If found meritorious, a copy thereof shall be
guilty of certain crimes and / or of the causes for disbarment served on the respondent and he shall be required
under the Rules of Court may also be disbarred. to comment within 10 days of service. [Sec. 6]
Justices of the Supreme Court however may not 3. Upon filing of respondent’s comment or
be disbarred unless and until they shall have been first expiration of the period upon filing comment, the
impeached in accordance with the Constitution. The same is SC either refers the matter to the Office of the
true with the other impeachable officers who are members Court Administrator (OCA) for evaluation, report,
of the bar. and recommendation, or assigns a Justice of the
Court of Appeals (if respondent is an RTC judge)
CASE: While it is our duty to investigate and determine or a judge of the RTC (if respondent is a judge of
the truth behind every matter in complaints against judges an inferior court) to investigate and hear the
and other court personnel, it is also our duty to see to it that charges. [Sec. 7]
they are protected and exonerated from baseless 4. After hearings, the investigating justice or judge
administrative charges. The Court will not shirk from its submits a report of finding of fact, conclusions of
responsibility of imposing discipline upon its magistrates, law and recommendations to the Supreme Court.
but neither will it hesitate to shield them from unfounded [Sec. 8]
suits that serve to disrupt rather than promote the orderly
administration of justice. ( Ocenar vs. Judge Mabutin, A.M. No.
5. The Supreme Court takes action as the facts and
MTJ-05-1582, February 28, 2005 ) the law may warrant. [Sec. 9]
Proceedings shall be private and confidential but a
copy of the decision or resolution of the Court shall be
GROUNDS FOR DISCIPLINE OF JUDGES [Section 1, Rule
attached to the record of the judge in the Office of the Court
140, Revised Rules of Court]
Administrator. [Sec. 11]
1. Serious Misconduct
2. Inefficiency QUANTUM OF EVIDENCE REQUIRED
The ground for the removal of a judicial officer
Misconduct - implies malice or a wrongful intent, not a should be established beyond reasonable doubt. Such is the
mere error of judgment. For serious misconduct to exist rule where the charges on which the removal is sought is
there must be reliable evidence showing that the judicial misconduct in office, willful neglect, corruption, or
acts complained of were corrupt or inspired by an intention incompetence. The general rules in regard to admissibility of
evidence in criminal trials apply.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat),
Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 29
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
For liability to attach, the assailed order, decision CASE: Compulsory membership to the IBP is not violative
or actuation of the judge in the performance of official duties of a lawyer’s freedom of association. Integration does not
must not only found to be erroneous but, most importantly, make a lawyer a member of any group of which he is already
it must be established that he was moved by bad faith, a member. He became a member of the bar when he passed
dishonesty, hatred or some other like motive. Similarly, a the Bar Examinations. All that integration actually does is to
judge will be held administratively liable for rendering an provide an official national organization for the well defined
unjust judgment — one which is contrary to law or but unorganized and incohesive group of which every
jurisprudence or is not supported by evidence — when he lawyer is already a member. [In re: Edillon A.M. 1928]
acts in bad faith, malice, revenge or some other similar
motive. In other words, in order to hold a judge liable for Voluntary termination of IBP membership, How Effected
knowingly rendering an unjust judgment, it must be shown By filing a verified notice to that effect with the
beyond reasonable doubt that the judgment was made with Secretary of IBP who shall immediately bring the matter to
a conscious and deliberate intent to do an injustice. (Judge the attention of the SC. Forthwith, he shall cease to be a
De Guzman vs. Dy, A.M. No. RTJ-03-1755, July 3, 2003) member and his name shall be stricken from the Roll of
Attorneys.
IMPEACHMENT PROCEEDINGS AGAINST JUDGES
Penal in nature governed by rules on criminal Effect of failure to pay annual membership dues to the
case and therefore requires proof beyond reasonable doubt. IBP
Only SC justices are subject to impeachment. The failure of any attorney to pay his annual
membership dues for 6 months shall warrant suspension of
MISCONDUCT his membership in the IBP and default of such payment for
Reliable evidence showing that judicial actions one year shall be a ground for the removal of his name from
are corrupt or inspired by intent to violate the law or in the Roll of Attorneys. [Sec. 10, Rule 139-A, Rules of Court].
persistent disregard of legal rules. CASES: A lawyer may not be disciplined either by the IBP
Justices and Judges may not be investigated under the or the Court for failing to pay her obligation to complainant,
grievance procedure in Rule 139-B, sec. 1 of the Revised a matter in her non-professional or private capacity. [Toledo
Rules of Court. Complaints against justices and judges are vs. Abalos, A. C. No. 5141, September 29, 1999]
filed with the Supreme Court which has administrative
supervision over all courts. Wanton disregard of the lawful orders of the IBP
As a matter of practice, the Supreme Court has Commission on Bar Discipline a ground for suspension
assigned complaints against Municipal or Metropolitan Trial of a lawyer from the practice of law. A lawyer was
Judges to an Executive Judge of a Regional Trial Court and suspended from the practice of law for one month due to her
complaints against judges of Regional Trial Courts to a wanton disregard of the lawful orders of the IBP
justice of the Court of Appeals, while a complaint against a Commission on Bar Discipline. [Toledo vs. Abalos, A. C. No.
member of the Court of Appeals would probably be assigned 5141, September 29, 1999]
to a member of the Supreme Court for investigation, report
and recommendation. Retired SC Justices are now tasked for
this purpose.
Factors to be considered
1. Unsullied name & service of record prior to
dismissal
2. Commitment to avoid situation that spur
suspicion of arbitrary conditions.
3. Complainant mellowed down in pushing from his
removal
4. Length of time separated from service