I. Legal Ethics: San Beda College of Law

San Beda College of Law
1 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
I. LEGAL ETHICS
PRELIMINARY MATTERS Legal Ethics branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public. - It is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar. PRIMARY CHARACTERISTICS WHICH DISTINGUISH THE LEGAL PROFESSION FROM BUSINESS 1. A duty of public service 2. A relation, as an officer of the court , to the administration of !ustice involving thorough sincerity, integrity and reliability ". A relation to clients with the highest degree of fiduciary #. A relation to the colleagues at the bar characteri$ed by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients.
ESSENTIAL CRITERIA DETERMINATI!E OF ENGAGING IN THE PRACTICE OF LAW "HACA#
1. Ha$it%alit&- implies customarily or habitually holding oneself out to the public as a lawyer 2. C'()e*sati'*- implies that one must have presented himself to be in the active practice and that his professional services are available to the public for compensation, as a source of his livelihood or in consideration of his said services. 3. A))licati'* '+ la,legal ).i*ci)le).actice'. ).'ce/%.e which calls for legal &nowledge, training and e'perience 4. Att'.*e& 0 clie*t .elati'*shi)
PRI!ATE PRACTICE )rivate practice is more than an isolated appearance for it consists of fre%uent or customary actions, a succession of acts of the same &ind. NOTE An isolated appearance does not amount to practice of law of a public officer if allowed by his superior in e'ceptional cases. NOTE *he practice of law is not a natural, property or constitutional right but a (e.e ).i1ilege. It is not a right granted to any one who demands it but a privilege to be e'tended or withheld in the e'ercise of sound !udicial discretion. It is in the nature of a franchise conferred only for merit which must be earned by hard study, learning and good conduct. It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. *hose standards are neither dispensed with nor lowered after admission. *he attorney+s continued en!oyment of the privilege conferred depends upon his complying with the ethics and rules of """the profession. ,ut practice of law is in the *at%.e '+ a .ight. -hile the practice of
PRACTICE OF LAW
CASE Any activity in or out of court which re%uires the application of law, legal principle, practice or procedure and calls for legal &nowledge, training and e'perience. (Cayetano vs Monsod, 201 SCRA 210) (trictly spea&ing, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services. [People vs. Villanueva 14 SCRA 111]
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEA S: !a" Ricasion Tu#a$i %Le#al Ethics&' !ar( )en$( uran%Practical E*ercises& E P: Ra+h( Es+iritu !E!BERS: John ale Balinan' !alou Barrios' Catherine Bool,Nu-e.' !elanie Ca+aras' /ristian Cristo0al' Re1e#io a(an$a(an' Jr"' 2eral$ $ela Cru.' onna u1+it' JB Roselle 2a(ona' Rhea !an#u0at' Jo(ce !arie !ar3ue.' Ro4ena !utia' !aan Sala$a' !ela1( Sal5a$ora' Vin,/ristine Ventura
2005 CENTRALIZED BAR OPERATIONS
law is a privilege, a lawyer cannot be prevented from practicing law e'cept for valid reasons, the practice of law not being a matter of state+s grace or favor. .e holds office during good behavior and can only be deprived of it for misconduct ascertained and declared by !udgment of the (upreme /ourt after opportunity to be heard has been afforded him. *he state cannot e'clude an attorney from the practice of law in a manner or for reasons that contravene the due process or e%ual protection clause of the /onstitution. POWER TO REGULATE THE PRACTICE OF LAW CASES *he /onstitution [A t. V!!!, Se". #(#)] vests this power of control and regulation in the S%).e(e C'%.t. *he constitutional power to admit candidates to the legal profession is a !udicial function and involves the e'ercise of discretion. )etition to that end is filed with the (upreme /ourt as are other proceedings invo&ing !udicial function [!n e$ Al%a"en &1 SCRA #'2] *he (/ acts through a ,ar 0'amination /ommittee in the e'ercise of its !udicial function to admit candidates to the legal profession. *hus, the /ommittee is composed of a member of the /ourt who acts as /hairman and 1 members of the bar who acts as e'aminers in the 1 bar sub!ects with one sub!ect assigned to each. [!n e (anuevo, '' SCRA 24#] *he power of the (/ to regulate the practice of law includes the authority to2 1. 3efine the term 2. )rescribe the %ualifications of a candidate to and the sub!ects of the bar e'aminations ". 3ecide who will be admitted to practice #. 3iscipline, suspend or disbar any unfit and unworthy member of the bar 4. 5einstate any disbarred or indefinitely suspended attorney 6. 7rdain the integration of the )hilippine ,ar 8. )unish for contempt any person for unauthori$ed practice of law
CHAIRPERSONS
1. 0'ercise overall supervision of the legal profession 9. 0'ercise any other power as may be necessary to elevate the standards of the bar and preserve its integrity. 7n the other hand, the LEGISLATURE, in the e'ercise of its )7:I/0 )7-05 may, however, enact laws regulating the practice of law to protect the public and promote the public welfare. ,ut the legislature ;A< =7* pass a law that will control the (/ in the performance of its function to decide who may en!oy the privilege of practicing law and any law of that &ind is unconstitutional as an invalid e'ercise of legislative power.
WHO MAY PRACTICE LAW2

Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. [Se". 1, Rule 1&)]
RE3UIREMENTS BEFORE A CANDIDATE CAN ENGAGE IN THE PRACTICE OF LAW

I. .e must have been admitted to the ,ar a. >urnishing satisfactory proof of educational, moral and other %ualification? b. )assing the bar c. *a&ing the :awyer+s 7ath before the (/ A lawyer+s oath signifies that the lawyer in ta&ing such an oath accepts and affirms his ethical obligations in the performance of his duties as a lawyer and signifies li&ewise his awareness of his responsibilities that he assumes by his admission to the legal profession. d. (igning the Attorney+s 5oll and receiving from the /ler& of /ourt
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

Maric ! A"ar #$%& %O5er,all Chair+erson&' R%#a!' Ja!(a#)ar %O5er,all Vice Chair&' Y%!a#'a T%! #$i#%%VC,Aca$s&' J ##i* r A#+%VC, Secretariat&' J%, I#'-c$i.% %VC,6inance&' E!ai# Ma&-/a$ %VC,E P&' A##a Mar+ari$a Er & %VC, Lo#istics&" J%#a$0a# Ma#+-#'a,a% %Political La4&' 1ra#ci& B # 'ic$ R %$-$ar %La0or La4&' R%(-a!' Pa'i!!a %Ci5il La4&' C0ar(ai# T%rr & %Ta*ation La4&' Mar/ Da.i' Mar$i# ) %Cri1inal La4&' Gar#, L-i&a A! +r %Co11ercial La4&' Ji#/, A## U, %Re1e$ial La4&' Jac/i L%Ba-$i&$a %Le#al Ethics&

2 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES of the (/ a /ertificate of the license to practice II. After his admission to the bar, a lawyer must remain in good and regular standing, which is a continuing re%uirement for the practice of law. .e must2 a. 5emain a member of the I,) @membership therein by every attorney is made compulsoryA? b. 5egularly pay all I,) membership dues and other lawful assessments, as well as the annual privilege ta'? c. >aithfully observe the rules and ethics of the legal profession? and d. ,e continually sub!ect to !udicial disciplinary control. 2. :aw /ourse completed courses in /ivil :aw, /ommercial :aw, 5emedial :aw, /riminal :aw, )ublic and International :aw, )olitical :aw, :abor and (ocial :egislation, ;edical Curisprudence, *a'ation, :egal 0thics. [Se". # and ', Rule 1&)]
APPEARANCE OF NON4LAWYER IN COURT

MAY A NON4LAWYER APPEAR IN COURT2 General Rule$ 7nly those who are licensed to practice law can appear and handle cases in court.
BASIC RE3UIREMENTS ADMISSION TO THE BAR
FOR
Bnder (ection 2, 4 and 6, 5ule 1"1, the applicant must be2 1. /iti$en of the )hilippines? 2. At least 21 years of age? ". 7f good moral character? (Note: *his is a continuing re%uirement.A #. 5esident of the )hilippines? 4. ;ust produce before the (/ satisfactory evidence of good moral character? 6. =o charges against him, involving moral turpitude, have been filed or are pending in any court in the )hil. [Se". 2, Rule 1&)]? 8. ;ust have complied with the academic re%uirements? 1. )ass the bar e'aminations. M'.al T%.)it%/e imports an act of baseness, vileness or depravity in the duties which one person owes to another or to society in general which is contrary to the usually accepted and customary rule of right and duty which a person should follow.
ACADEMIC RE3UIREMENTS FOR THE CANDIDATES

1. ;ust have already earned a ,achelor+s 3egree in Arts or (ciences @)re-lawA
Exceptions: 1. Be+'.e the MTC - a party may conduct his case or litigation in person with the aid of an agent or friend appointed by him. [Se". &4, Rule 1&)] 2. Be+'.e a*& c'%.t a party may conduct his litigation personally. ,ut he gets someone to aid him and that someone must be an authori$ed member of the ,ar [Se". &4, Rule 1&)]. .e is bound by the same rules in conducting the trial of his case. .e cannot, after !udgment, claim that he was not properly represented. ". I* a c.i(i*al case $e+'.e the MTC in a locality where a duly licensed member of the ,ar is not available, the !udge may appoint a non-lawyer who is a resident of that province, of good repute for probity and ability to the accused in his defense. [Se". *, Rule 11'] #. St%/e*t P.actice R%le 4 A law student who has successfully completed his "rd year of the regular #-year prescribed law curriculum and is enrolled in a recogni$ed law school+s cli*ical legal e/%cati'* ).'g.a( approved by the (/ may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the :egal /linic of the school. [Se". 1,

Rule 1&)+A] *he student shall be under the direct supervision and control of a member of the I,) duly accredited by the law school. [Se". 2] 4. U*/e. the La$'. C'/e non-lawyers may appear before the =:5/ or any :abor Arbiter if they @aA represent themselves? @bA represent their organi$ation or members thereof [A t. 222, P, 442] 6. A non-lawyer may represent a claimant before the Ca/ast.al C'%.t [Se". -, A"t. .o. 22#-] 8. Any person appointed to appear for the government of the )hilippines i* acc'./a*ce ,ith la, [Se". &&, Rule 1&)] LIMITATIONS ON APPEARANCE OF NON4 LAWYERS BEFORE THE COURTS 1. .e should confine his wor& to non-adversary contentions. .e should not underta&e purely legal wor&, such as the e'amination or crosse'amination of witnesses, or the presentation of evidence. 2. (ervices should not be habitually rendered. ". (hould not charge or collect attorney+s fees. [PA/(0 vs. 1inal2a3an !sa2ela Su3a Co. 42 SCRA &02] RIGHT OF PARTY TO REPRESENT HIMSELF Ci1il Cases An individual litigant has the right to conduct his litigation personally. C.i(i*al Cases Involving grave and less grave offenses, an accused who is a layman must always appear by counsel? he /A==7* conduct his own defense, as his right to counsel may =7* be waived without violating his right to due process of law. B& a 5%.i/ical Pe.s'* A !uridical person must always appear in court by a duly licensed member of the bar, e'cept in the municipal trial court where it may be represented by its agent or officer who need not be a lawyer.
PARTNERSHIP WITH NON4LAWYERS !OID 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 authori$ed to practice, and amenable to professional discipline. PRACTICE BY CORPORATION It is well settled that a corporation CANNOT engage in the practice of law. It may, however, hire an attorney to attend to and conduct its own legal business or affairs. ,ut it cannot practice law directly or indirectly by employing a lawyer to practice for it or to appear for others for its benefit. Reasons: 1. =ature of the privilege and on the confidential and trust relation between attorney and client. 2. A corporation cannot perform the conditions re%uired for membership in the bar, such as the possession of good moral character and other special dis%ualifications, the ta&ing of an oath and becoming an officer of the court, sub!ect to its discipline, suspension or removal. ". *he relation of trust and confidence cannot arise where the attorney is employed by a corporation to practice for it, his employer and he owing, at best, a secondary and divided loyalty to the clientele of his corporate employer. #. *he intervention of the corporation is destructive of that confidential and trust relation and is obno'ious to the law. PERSONS AUTHORI6ED TO REPRESENT THE GO!ERNMENT Any official or other person appointed or designated in accordance with law to appear for the government of the )hilippines or any of its officials shall have all the rights of a duly authori$ed member of the bar to appear in any case in which the government has an interest, direct or indirect, or in which such official is charged in his official capacity.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


5 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES congressman, the office of an attorney being originally of agency, and because he will, by such act, be appearing in court or %uasi-!udicial or administrative body in violation of the constitutional restriction. .e cannot do indirectly what the /onstitution prohibits directly . [!n e$ ,avid -& P5!( 4'1] RESTRICTIONS IN THE PRACTICE OF LAW OF THE MEMBERS OF THE SANGGUNIAN *hey shall not2 1. Appear as counsel before any court in any civil case wherein a local government unit or any office, agency or instrumentality of the government is the adverse party? 2. Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office? ". /ollect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official. [Se". -0, R.A. *1'0] #. Bse property and personnel of the government e'cept when the (anggunian member concerned is defending the interest of the government RESTRICTIONS IN THE PRACTICE OF LAW OF RETIRED 5USTICE75UDGE As a condition of the pension provided under R.A. -10, no retiring !ustice or !udge of a court of record or city or municipality !udge during the time that he is receiving said pension shall2 Appear as counsel before any court in2 a. Any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party? b. Any criminal case wherein an officer or an employee of the government is accused of an offense committed in relation to his office. 2. /ollect any fees for his appearance in any administrative proceedings to
RULES ON PUBLIC OFFICIALS REGARDING PRACTICE OF LAW

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE PHILIPPINES 1. Cudges and other officials or employees of the superior court 2. 7fficials and employees of the 7ffice of the (olicitor Deneral ". Dovernment )rosecutors #. )resident, Eice-)resident, members of the /abinet, their deputies and assistants 4. /hairmen and members of the /onstitutional /ommissions 6. 7mbudsman and his deputies 8. Dovernors, city and municipal mayors 1. *hose who, by special law are prohibited from engaging in the practice of their legal profession PUBLIC OFFICIALS WITH RESTRICTIONS IN THE PRACTICE OF LAW 1. (enators and ;embers of the .ouse of 5epresentatives 2. ;embers of the (anggunian ". 5etired Custice or Cudge #. /ivil (ervice officers or employees without permit from their respective department heads [.o ie3a vs. Sison 12# SCRA 2-&] RESTRICTIONS IN THE PRACTICE OF LAW OF MEMBERS OF LEGISLATURE CASES A lawyer-member of the legislature is only prohibited from appearing as counsel before any court of !ustice, electoral tribunals or %uasi!udicial and administrative bodies. *he word appearance includes not only arguing a case before any such body but also filing a pleading on behalf of a client as by simply filing a formal motion, plea or answer . [Ra%os vs. Manala" )- P4il 2*0] =either can he allow his name to appear in such pleading by itself or as part of a firm name under the signature of another %ualified lawyer because the signature of an agent amounts to signing of a non-%ualified senator or

maintain an interest adverse to the government, provincial or municipal, or to any of its legally constituted officers [Se" 1, RA -10]. REMEDIES AGAINST UNAUTHORI6ED PRACTICE "DICED# 1. )etition for In!unction 2. Declaratory 5elief ". Contempt of /ourt #. Dis%ualification and complaints for disbarment 4. /riminal complaint for estafa against a person who falsely represented to be an attorney to the damage of a party
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PRI!ILEGES AND DUTIES OF A LAWYER

PRI!ILEGES OF AN ATTORNEY 1. *o practice law during good behavior before any !udicial, %uasi!udicial, or administrative tribunal. 2. *he first one to sit in !udgment on every case, to set the !udicial machinery in motion. ". 0n!oys the presumption of regularity in the discharge of his duty. #. .e is immune, in the performance of his obligation to his client, from liability to a third person insofar as he does not materially depart from his character as a %uasi-!udicial officer. 4. .is statements, if relevant, pertinent or material to the sub!ect of !udicial in%uiry are absolutely privileged regardless of their defamatory tenor and of the presence of malice. OTHER PRI!ILEGES >irst grade civil service eligibility for any position in the classified service in the government the duties of which re%uire &nowledge of law. (econd grade civil service eligibility for any other government position which does not prescribe proficiency in law as a %ualification. FOUR4FOLD DUTIES OF A LAWYER
CHAIRPERSONS
C'%.t4 respect or defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of !ustice. Ba.4 candor, fairness, courtesy and truthfulness, avoid encroachment in the business of other lawyers, uphold the honor of the profession. Clie*t4 entire devotion to client+s interest. P%$lic4 should not violate his responsibility to society, e'emplar for uprighteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems.
SPECIFIC DUTIES OF A LAWYER (SEC. 20, RULE 1 !" 8C9A9R9E9D: 1. *o maintain Allegiance to the 5epublic of the )hilippines and to support the /onstitution and obey the laws of the )hilippines? 2. *o observe and maintain the Respect due to the courts of !ustice and !udicial officers? ". *o Counsel and maintain the respect due to the courts of !ustice and !udicial officers? #. *o Employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never see& to mislead the !udge or any !udicial officer by an artifice or false statement of fact or law? 4. *o maintain inviolate the Confidence and at every peril to himself, to preserve the secrets in connection with his client and to accept no compensation in connection with his client+s business e'cept from him or with his &nowledge and approval? 6. *o Abstain from all offensive personality and to advance no fact pre!udicial to the honor and reputation of a party or witness, unless re%uired by the !ustice of


5 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES the cause with which he is charged? =ot to Encourage either the commencement or the continuance of an action or proceeding, or delay any man+s cause, from any corrupt motive or interest? =ever to Re!ect, for any consideration personal to himself, the cause of the defenseless or oppressed? In the Defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits to the end that no person may be deprived of life or liberty, but by due process of law. duly constituted authorities therein? I will do no falsehood, nor consent to the doing of any in court? I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same? I will delay no man for money or malice and will conduct myself as a lawyer according to the best of my &nowledge and discretion with all good fidelity as well to the courts as to my clients? and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. (o help me Dod.
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NOTARY PUBLIC
A person appointed by the court whose duty is to attest to the genuineness of any deed or writing inorder to render them available as evidence of facts stated therein and who is authori$ed by the statute to administer various oaths. A.#. No. 02$!$1 $SC: Rules on Notarial %ractice o& 200' @Au3ust 1, 2004) 3UALIFICATIONS OF A NOTARY PUBLIC 1. ;ust be citi$en of the )hilippines 2. ;ust be over twenty-one @21A years of age ". ;ust be a resident in the )hilippines for at least one @1A year and maintains a regular place of wor& or business in the city or province where the commission is to be issued #. ;ust be a member of the )hilippine ,ar in good standing with clearances from the 7ffice of the ,ar /onfidant of the (upreme /ourt and the Integrated ,ar of the )hilippines 4. ;ust not have been convicted in the first instance of any crime involving moral turpitude @5ule III, (ection 1A 5URISDICTION AND TERM A notary public may perform notarial acts in any place within the
DUTY OF COUNSEL DE OFICIO A counsel de oficio is e'pected to render effective service and to e'ert his best efforts on behalf of an indigent accused. .e has as high a duty to a poor litigant as to a paying client. .e should have a bigger dose of social conscience and a little less of self-interest. ROLE OF PRI!ATE PROSECUTOR A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived e'pressly, reserved or instituted the civil action for damages. .e may prosecute the accused up to the end of the trial even in the absence of the public prosecutor if authori$ed by the chief of the prosecution office or the 5egional (tate )rosecutor sub!ect to the approval of the court @(ec. 4, 5ule 11F? 5ules of /ourt dated ;ay 1, 2FF2A.
THE LAWYER;S OATH

I, GGGGGGGGGGGG, do solemnly swear that I will maintain allegiance to the 5epublic of the )hilippines? I will support its /onstitution and obey the laws as well as the legal orders of the

territorial !urisdiction of the commissioning court for a period of two @2A years commencing on the 1 st day of Canuary of the year in which the commissioning is made UNLESS earlier revo&ed or the notary public has resigned according to these 5ules and the 5ules of /ourt @5ule III, (ection 11A. POWERS AND LIMITATIONS OF NOTARIES PUBLIC POWERS A notary public is empowered to do the following acts2 "5AOSAC# 1. Ac&nowledgments? 2. Oaths and affirmations? ". 5urats? #. Signature witnessings? 4. Copy certifications? and 6. Any other act authori$ed by these 5ules. A notary public is authori$ed to certify the affi'ing of a signature by thumb or other mar& on an instrument or document presented for notari$ation if2 1. *he thumb or other mar& is affi'ed in the presence of the notary public and of two @2A disinterested and unaffected witnesses to the instrument or document? 2. ,oth witnesses sign their own names in addition to the thumb or other mar&? ". *he notary public writes below the thumb or other mar&2 *humb or 7ther ;ar& affi'ed by @name of signatory by mar&A in the presence of @names and addresses of witnessesA and undersigned notary public , and #. *he notary public notari$es the signature by thumb or other mar& through an ac&nowledgment, !urat or signature witnessing. A notary public is authori$ed to sign on behalf of a person who is physically unable to sign or ma&e a mar& on an instrument or document if2
CHAIRPERSONS
1. *he notary public is directed by the person unable to sign or ma&e a mar& to sign on his behalf? 2. *he signature of the notary public is affi'ed in the presence of two @2A disinterested and unaffected witnesses to the instrument or document? ". ,oth witnesses sign their own names? #. *he notary public writes below his signature2 (ignature affi'ed by notary in the presence of @names and addresses of person and two @2A witnessesA , and 4. *he notary public notari$es his signature by ac&nowledgment or !urat @5ule IE, (ection 1). PROHIBITIONS 6ene al Rule$ A notary public shall not perform a notarial act outside his regular place of wor& or business. 78"eptions$ A notarial act may be performed at the re%uest of the parties in the following sites located within his territorial !urisdiction2 a. )ublic offices, convention halls and similar places where oaths of office may be administered? b. )ublic function areas in hotels and similar places for the signing of instruments or documents re%uiring notari$ation? c. .ospitals and medical institutions where a party to the instrument or document is confined for treatment? and d. Any place where a party to the instrument or document re%uiring notari$ation is under detention. A person shall not perform a notarial act if2 1. the person involved as signatory to the instrument or documenta. Is not in the notary+s presence at the time of the notari$ation? and


7 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES b. Is not personally &nown to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these 5ules @5ule IE, (ection 2A. 2. the certificate containing an information &nown or believed to be false? and ". he shall not affi' an official signature or seal on a notarial certificate that is incomplete (Rule !V, Se"tion #). DIS3UALIFICATIONS A notary public is dis%ualified from performing a notarial if he2 1A Is a party to the instrument or document? 2A -ill receive, as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property, or other consideration, e'cept as provided that is to be notari$ed? "A Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree @5ule IE, (ection "A. Whe* *'ta.& )%$lic (a& .e+%se t' *'ta.i<e e1e* i+ a)).').iate +ee is te*/e.e/ 1A -hen the notary &nows or has good reason to believe that the notarial act or transaction is unlawful or immoral. 2A -hen the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former+s &nowledge of the conse%uences of the transaction re%uiring a notarial act. "A If in the notary+s !udgment, the signatory is not acting in hisHher own free will @5ule IE, (ection #A. #A If the document or instrument to be notari$ed is considered as an improper document by these 5ules. NOTE A blan& or incomplete instrument or document OR an instrument or document without appropriate notarial certification is considered an Improper InstrumentH3ocument @5ule IE, (ection 6A. NOTARIAL CERTIFICATES /ontents of the /oncluding part of the =otarial /ertificate2 1A *he name of the notary public as e'actly indicated in the commission? 2A *he serial number of the commission of the notary public? "A *he words =otary )ublic and the province or city where the notary public is commissioned, the e'piration date of the commission and the office address of the notary public? and #A *he 5oll of Attorneys+ number, the )rofessional *a' 5eceipt number and the place and date of issuance thereof and the I,) ;embership number @5ule EIII, (ection 2A. RE!OCATION OF COMMISSION *he 0'ecutive Cudge shall revo&e a commission for any ground on which an application for a commission may be denied. In addition, the 0'ecutive Cudge may revo&e the commission of or impose sanctions upon any notary public who2 1A >ails to &eep a notarial register? 2A >ails to ma&e the appropriate entry or entries in his notarial register concerning his notarial acts? "A >ails to send the copy of the entries to the 0'ecutive Cudge within the first ten @1FA days of the month following? #A >ails to affi' to ac&nowledgments the date of e'piration of his commission? 4A >ails to submit his notarial register, when filled, to the 0'ecutive Cudge?

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11A
>ails to ma&e his report, within a reasonable time, to the 0'ecutive Cudge concerning the performance of his duties, as may be re%uired by the Cudge? >ails to re%uire the presence of the principal at the time of the notarial act? >ails to identify a principal on the basis of personal &nowledge or competent evidence? 0'ecutes a false or incomplete certificate under (ection 4, 5ule IE? Inowingly performs or fails to perform any other act prohibited or mandated by these 5ules? and /ommits any other dereliction or act which in the !udgment of the 0'ecutive Cudge constitutes good cause for the revocation of the commission or imposition of administrative sanction @5ule JI, (ection 1A.
its notice and in regard to which it might go wrong. An amicus curiae appears in court not to represent any particular party but only to assist the court. A(ic%s C%.iae )a. e=celle*ce 0 bar associations who appear in court as amici curiae or friends of the court. Acts merely as a consultant to guide the court in a doubtful %uestion or issue pending before it. Att'.*e& a/ h'c4 a person named appointed by the court to defend an absentee defendant in the suit in which the appointment is made. Att'.*e&s4At4La, 0 that class of persons who are licensed officers of the courts empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a conse%uence. Att'.*e& i* +act4 simply an agent whose authority is strictly limited by the instrument appointing him. .is authority is provided in a special power of attorney or general power of attorney or letter of attorney. .e is not necessarily a lawyer. Att'.*e& '+ .ec'./4 the attorney whose name is entered in the records of an action or suit as the lawyer of a designated party thereto. Ba. a*/ Be*ch 0 ,ar refers to the whole body of attorneys and counselors collectively, the members of the legal profession2 ,ench denotes the whole body of !udges. Ba. Ass'ciati'* 0 an association of members of the legal profession li&e the I,) where membership is integrated or compulsory. Clie*t 0 one who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in behalf and usually for a fee.
PUNISHABLE ACTS *he 0'ecutive Cudge shall cause the prosecution of any person who2 1A Inowingly acts or otherwise impersonates a notary public? 2A Inowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public? and "A Inowingly solicits, coerces, or in any way influences a notary public to commit official misconduct @5ule JII, (ection 1A.
TERMS TO REMEMBER
A(ic%s C%.iae4 is an e'perienced and impartial attorney invited by the court to appear and help in the disposition of the issues submitted to it. It implies friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape
CHAIRPERSONS


C'%*sel7Att'.*e& /e '+ici' 0 an attorney appointed by the court to defend an indigent defendant in a criminal action. In a criminal action, if the defendant appears without an attorney, he must be informed by the court that it is his right to have an attorney before being arraigned and must be as&ed if he desires the aid of an attorney. If he desires and is unable to employ an attorney, the court must assign a counsel de oficio to defend him. .e is also designated as counsel of indigent litigants. *he appointment of a counsel de oficio in that instance is a matter of right on the part of the defendant. 7n appeal in a criminal case, the appellate court must also appoint a counsel de oficio if, as shown by the certificate of the cler& of court of the trial court, a defendant @aA is confined in prison, @bA without means to employ an attorney, @cA desires to be defended de oficio. H'%se C'%*sel 0 one who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. La,&e. 0 this is the general term for a person trained in the law and authori$ed to advice and represent others in legal matters Lea/ C'%*sel 0 the counsel on either side of a litigated action who is charged with the principal management and direction of a party+s case, as distinguished from his !uniors or subordinates. O+ C'%*sel 0 an e'perienced lawyer, usually a retired member of the !udiciary, employed by law firms as consultants. P.actici*g La,&e. 0 one engaged in the practice of law who by license are officers of the court and who are empowered to appear, prosecute and defend a client+s cause.
P.' Se 4 an appearance by a lawyer in his own behalf. T.ial La,&e. 0 one who personally handles cases in court, administrative agencies of boards which means engaging in actual trial wor&, either for the prosecution or for the defense of cases of clients.
II .THE CANONS OF PROFESSIONAL RESPONSIBILITY
Cha)te. I The La,&e. a*/ S'ciet& /A=7= 1. Bphold the /onstitution and obey the laws of the land 2. ;a&e legal services available in an efficient and convenient manner ". Bse of true, honest, fair, dignified and ob!ective information in ma&ing &nown legal services #. )articipate in the improvement of the legal system 4. Ieep abreast of legal development and participate in continuing legal education program and assist in disseminating information regarding the law and !urisprudence 6. Applicability of the /)5 to lawyers in the government service Cha)te. II The La,&e. a*/ the Legal P.'+essi'* /A=7= 8. At all times uphold the integrity and dignity of the )rofession and support the activities of the I,) 1. /onduct himself with courtesy, fairness and candor toward his colleagues and avoid harassing tactics 9. =ot to directly or indirectly assist in the unauthori$ed practice of law

12
Cha)te. III The La,&e. a*/ the C'%.ts /A=7= 1F. 7wes candor, fairness and good faith to the court 11. 7bserve and maintain the respect due courts and !udicial officers 12. 3uty to assist in the speedy and efficient administration of !ustice 1". 5ely upon the merits of his cause, refrain from any impropriety which tends to influence courts, or give the appearance of influencing the court Cha)te. I! The La,&e. a*/ the Clie*t /A=7= 1#. =ot to refuse his services to the needy 14. 7bserve candor, fairness and loyalty in all his dealings and transactions with clients 16. .old in trust all the moneys and property of his client that may come to his possession 18. 7wes fidelity to clients cause and be mindful of the trust and confidence reposed in him 11. (erve client with competence and diligence 19. 5epresent client with $eal and within the bounds of law 2F. /harge only fair and reasonable fees 21. )reserve the confidence and secrets of client even after the atty.-client relation is terminated 22. -ithdraw services only for good cause and upon notice
encourage any suit or proceeding or delay any man+s cause. CRIME OF MAINTENANCE 0 A lawyer owes to society and to the court the duty not to stir up litigation. *he following are %*).'+essi'*al acts within the prohibition2 1. Eolunteering advice to bring lawsuit e'cept where ties of blood, relationship, and trust ma&e it a duty to do so. 2. .unting up defects in titles or other causes of action and informing thereof to be employed to bring suit or collect !udgment, or to breed litigation by see&ing out claims for personal in!uries or any other grounds to secure them as clients. ". 0mploying agents or runners for li&e purposes. #. )aying direct or indirect reward to those who bring or influence the bringing of such cases to his office. 4. (earching for un&nown heirs and soliciting their employment. 6. Initiating a meeting of a club and inducing them to organi$e and contest legislation under his guidance. 8. )urchasing notes to collect them by litigation at a profit. A lawyer shall refrain from committing barratry and ambulance chasing of cases. Ba..at.& offense of fre%uently inciting and stirring up %uarrels and suits. *he lawyer+s act of fomenting suits among individuals and offering his legal services to one of them A($%la*ce Chasi*g a lawyer+s act of chasing the victims of an accident for the purpose of tal&ing to the same victim or the latter+s relatives and offering his legal services for the filing of the case against the person who caused the accident. A($%la*ce Chase. is a lawyer who haunts hospitals and visits the homes of
LAWYER;S DUTIES TO SOCIETY

CAN(N 1: UPHOLD THE CONSTITUTION AND OBEY THE LAWS OF THE LAND DISCOURAGING LAW SUITS Bnder R%le >.?@, a lawyer shall not for any corrupt motive or interest,


12 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES the afflicted, officiously intruding their presence and persistently offering his service on the basis of a contingent. Ambulance chasing has spawned recogni$ed evils such as2 @FSMD# 1. Fomenting of litigation with resulting burdens on the courts and the public. 2. Subornation of per!ury. ". Mulcting of innocent persons by !udgments, upon manufactured causes of action. #. Defrauding of in!ured persons having proper causes of action but ignorant of legal rights and court procedures by means of contracts which retain e'orbitant percentages of recovery and illegal charges for court costs and e'penses and by settlement made for %uic& returns of fees and against the !ust rights of the in!ured persons. CAN(N 2: MAAING A!AILABLE EFFICIENT LEGAL SER!ICE A lawyer shall not re!ect, e'cept for valid reasons, the cause of the defenseless or the oppressed. (Rule 2.01) 0ven if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the e'tent necessary to safeguard the latter+s rights. (Rule 2.02) CAN(N : USE OF TRUE- HONEST- FAIR AND OB5ECTI!E INFORMATION IN MAAING ANOWN LEGAL SER!ICES AD!ERTISING AND SOLICITATION General Rule$ A lawyer cannot advertise his talent, as he is a member of an honorable profession whose primary purpose is to render public service and help secure !ustice and in which the remuneration is a mere incident. It is highly unethical for an attorney to advertise his talents or s&ill as a merchant advertises his wares . [!n e$ 9a3o da #& P4il 42]
Exceptions$ 1. -riting legal articles 2. 0ngaging in business or other occupations e'cept when such could be deemed improper, be seen as indirect solicitation or would be the e%uivalent of law practice. 3. :aw lists, but only brief biographical and informative data 4. 7rdinary, professional cards 5. =otice to other local lawyers and publishing in a legal !ournal of one+s availability to act as an associate for them 6. *he proffer of free legal services to the indigent, even when broadcasted over the radio or tendered through circulation of printed matter to the general public. 7. (ee&ing a public office, which can only be held by a lawyer or, in a dignified manner, a position as a full time corporate counsel. 8. (imple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession. 9. :isting in a phone directory, but not under a designation of a special branch of law. 10. Activity of an association for the purpose of legal representation.
S'licitati'* '+ Cases C'*stit%tes Mal).actice *he law prohibits lawyers from soliciting cases for the purpose of gain, either personally or through paid agents or bro&ers and ma&es the act malpractice KRule 1&), se". 2*, Rules o: Cou t]. *he rule prohibits professional touting. =either shall a lawyer charge rates lower than those customarily prescribed unless the circumstances so warrant. USE OF LAW FIRM NAME 1. In the choice of a firm name, no false, misleading or assumed name shall be

13
used. *he continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. [Rule &.02, Code o: P o:essional Responsi2ility]. .ence, the rule abandoned the doctrine laid down in the case of !n e$ Sy"ip, -2 SCRA 1 (1-*-). Reason: All of the partners by their !oined efforts over a period of years contributed to the goodwill attached to the firm name, and this goodwill is disturbed by a change in firm name every time a partner dies. 2. -here a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice concurrently. [Rule &.02, Code o: P o:essional Responsi2ility]. ". >ilipino lawyers cannot practice law under the name of a foreign law firm, as the latter cannot practice law in the )hilippines and the use of the foreign law firm in the country is unethical. @,a"anay vs. 1a;e < M"=en>ie, 6.R. Ad%. Case .o. 21&1) CAN(N ': PARTICIPATE IN THE IMPRO!EMENT OF THE LEGAL SYSTEM 78a%ples$ 1. )resenting position papers or resolutions for the introduction of pertinent bills in /ongress? 2. )etitions with the (/ for the amendment of the 5ules of /ourt. CAN(N ) AEEP ABREAST OF LEGAL DE!ELOPMENTS AND PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAM THREE4FOLD OBLIGATIONS OF A LAWYER 1. .e owes it to himself to continue improving his &nowledge of the law. 2. .e owes it to his profession to ta&e an active interest in the
maintenance of high standards of legal education. ". .e owes it to the lay public to ma&e the law a part of their social consciousness. Ba. Matte. BC? MANDATORY CONTINUING LEGAL EDUCATION "MCLE#
@Adopting the 5ules on the /ontinuing :egal 0ducation for ;embers of the Integrated ,ar of the )hilippinesA August 1, 2FFF
P%.)'se *o ensure that throughout their career, they &eep abreast with law and !urisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. ReD%i.e(e*ts '+ C'()leti'* '+ MCLE ;embers of the I,), unless e'empted under 5ule 8, shall complete every three @"A years at least "6 hours of continuing legal education activities. *he "6 hours shall be divided as follows2 a. 6 hours legal 0thics b. # hours trial and pretrial s&ills c. 4 hours alternative dispute resolution d. 9 hours updates on substantive and procedural laws and !urisprudence e. # hours writing and oral advocacy f. 2 hours international law and international conventions g. 6 hours such other sub!ects as may be prescribed by the /ommittee on ;/:0 Pa.ties E=e()te/ +.'( the MCLE 1. *he )resident, Eice-)resident, and the (ecretaries and Bndersecretaries of e'ecutive departments? 2. (enators and ;embers of the .ouse of 5epresentatives? ". *he /hief Custice and Associate Custices of the (/, incumbent and retired !ustices of the !udiciary, incumbent members of the Cudicial and ,ar /ouncil and incumbent court lawyers covered by the )hilippine Cudicial


15 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES Academy )rogram of continuing legal education? *he /hief (tate /ounsel, /hief (tate )rosecutor and Assistant (ecretaries of the 3epartment of Custice? *he (olicitor-Deneral and the Assistant (olicitor-Deneral? *he Dovernment /orporate /ounsel, 3eputy and Assistant Dovernment /orporate /ounsel? *he /hairman and ;embers of the /onstitutional /ommissions? *he 7mbudsman, the 7verall 3eputy 7mbudsman, the 3eputy 7mbudsman and the (pecial )rosecutor of the 7ffice of the 7mbudsman? .eads of government agencies e'ercising %uasi-!udicial functions? Incumbent deans, bar reviewers and professors of law who have teaching e'perience for at least 1F years in accredited law schools? *he /hancellor, Eice-/hancellor and members of the /orps of )rofessional :ecturers of the )hilippine Cudicial Academy? and Dovernors and ;ayors
#.
4. 6. 8. 1.
C'*seD%e*ces '+ N'*4C'()lia*ce 1. A member who fails to comply with the re%uirements after the 6F-day period shall be listed as delin%uent member by the I,) ,oard of Dovernors upon recommendation of the /ommittee on ;/:0. 2. *he listing as a delin%uent member is administrative in nature but shall be made with notice and hearing by the /ommittee on ;/:0. CAN(N *: APPLICABILITY OF THE CPR TO LAWYERS IN THE GO!ERNMENT SER!ICE Rest.icti'* Agai*st Usi*g P%$lic O++ice t' P.'('te P.i1ate I*te.est )ublic officials and employees during their incumbency shall =7*2 1. 7wn, control, manage or accept employment as officer, employee, consultant, counsel, bro&er, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless e'pressly allowed by law 2. 0ngage in the private practice of their profession unless authori$ed by the constitution or law, provided that such practice will not conflict or tend to conflict with their official functions. ". 5ecommend any person to any position in a private enterprise which has a regular or pending official transaction with their office #. Bse or divulge confidential or classified information officially &nown to them by reason of their office and not available to the public. Rest.icti'*s Agai*st F'.(e. O++icial +.'( Acce)ti*g Ce.tai* E()l'&(e*t A lawyer shall =7*, after leaving the government service, accept engagement or employment in connection with any matter in which he had intervened while
9. 1F.
11.
12.
Othe. E=e()te/ Pa.ties 1. *hose who are not in law practice, private or public 2. *hose who have retired from law practice with the approval of the I,) ,oard of Dovernors G''/ Ca%se +'. E=e()ti'* +.'( '. ('/i+icati'* '+ .eD%i.e(e*t A member may file a 1e.i+ie/ .eD%est setting forth good cause for e'emption (su"4 as p4ysi"al disa2ility, illness, post+3 aduate study a2 oad, p oven e8pe tise in la?) from compliance with or modification of any of the re%uirements, including an e'tension of time for compliance, in accordance with procedure to be established by the committee on ;/:0. P.''+ '+ e=e()ti'* Applications for e'emption from or modification of the ;/:0 re%uirement shall be under oath and supported by documents.

14
in said service. [Rule '.0&, Code o: P o:essional Responsi2ility] Se"tion * (2), RA '*1& prohibits any former public official or employee for a period of one year after retirement or separation from office to practice his profession in connection with any other matter before the office he used to be with.
professional ethics and in utter disregard of a duty owing to a colleague. @Ca%a"4o vs. Pan3ulayan, &2) SCRA '&1, Ma "4 22, 2000) CAN(N ,: PRE!ENTING UNAUTHORI6ED PRACTICE OF LAW )ublic policy re%uires that the practice of law be limited to those individuals found duly %ualified in education and character. %urpose: *o protect the public, the court, the client and the bar from the incompetence or dishonesty of those unlicensed to practice law and not sub!ect to the disciplinary control of the court. 1. A lawyer is prohibited from allowing an intermediary to intervene in the performance of his professional obligation. 2. A lawyer cannot delegate to any un%ualified person the performance of any tas& which by law may only be performed by a member of the ,ar in good standing. ". A lawyer cannot divide or stipulate a fee for legal services with a person not licensed to practice law. Exceptions: 1. -here there is a pree'isting agreement with a partner or associate that, upon the latter+s death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement? 2. -here a lawyer underta&es to complete unfinished legal business of a deceased lawyer? ". -here a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole or in part on a profit-sharing arrangement.
THE LAWYER AND THE LEGAL PROFESSION

CAN(N +: UPHOLD THE INTEGRITY AND DIGNITY OF THE PROFESSION AND SUPPORT THE ACTI!ITIES OF THE IBP A lawyer shall be answerable for &nowingly ma&ing a false statement or suppressing a material fact, in connection with his application for admission to the bar. (Rule *.01) A lawyer shall not, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. (Rule *.0&) CASE /ounsel+s act of filing multiple complaints against herein complainant+s reflects on his fitness to be a member of the legal profession. .is act evinces vindictiveness, a decidedly undesirable trait whether in a lawyer or another individual, as complainants were instrumental in respondent+s dismissal from the !udiciary. (Sa2u nido vs. Mad ono, &'' SCRA 1, Septe%2e 2', 2001) CAN(N !: COURTESY- FAIRNESS AND CANDOR TOWARD HIS COLLEAGUES AND A!OID HARASSING TACTICS A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. (Rule ).01) CASE Although aware that the plaintiff students were represented by counsel, respondent attorney, counsel for the defendants proceeded, nonetheless, to negotiate with them and their parents without at the very least communicating the matter to their lawyer. *his failure of respondent is an ine'cusable violation of the canons of
CHAIRPERSONS
LAWYER;S DUTIES TO COURTS

CAN(N 10: CANDOR- FAIRNESS AND GOOD FAITH TO COURTS


15 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES A lawyer shall =7* do any falsehood, nor consent to the doing of any in court? nor shall be misled, or allow the court to be misled by any artifice. (Rule 10.01) RE3UIREMENTS OF CANDOR 1. A lawyer shall not suppress material and vital facts which bear on the merit or lac& of merit of complaint or petition? 2. A lawyer shall volunteer to the court any development of the case which has rendered the issue raised moot and academic? ". 3isclose to court any decision adverse to his position of which opposing counsel is apparently ignorant and which court should consider in deciding a case? #. .e shall not represent himself as lawyer for a client, appear for client in court and present pleadings, only to claim later that he was not authori$ed to do so. Note: A lawyer is not an umpire but an advocate. .e is not obliged to refrain from ma&ing every proper argument in support of any legal point because he is not convinced of its inherent soundness. =either is he obliged to suggest arguments against his position. A lawyer shall NOT &nowingly mis%uote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the te't of a decision or authority, or &nowingly cite as a law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. (Rule 10.02) A lawyer shall observe the rules of procedure and shall =7* misuse them to defeat the ends of !ustice. (Rule 10.0&) CAN(N 11: OBSER!ANCE OF RESPECT DUE THE COURTS A lawyer shall observe and maintain the respect due to the courts and to !udicial officers and should insist on similar conduct by others. A lawyer should show respect due the court and !udicial officer by appearing during the trial of a case punctually and in proper attire. A lawyer+s language should be forceful but dignified, emphatic but respectful as befitting an advocate and in &eeping with the dignity of the legal profession. RIGHT AND DUTY OF LAWYER TO CRITICI6E COURTS *he fact that a person is a lawyer does not deprive him of the right, en!oyed by every citi$en, to comment on and critici$e the actuations of a !udge. .owever, what he can ordinarily say against a concluded litigation and the manner the !udge handed down the decision therein may NOT generally be said to a pending action. *he court, in a pending litigation, must be shielded from embarrassment or influence in its all important duty of deciding the case. 7n the other hand, once a litigation is concluded the !udge who decided it is sub!ect to the same criticism as any other public official because then his ruling becomes public property and is thrown open to public consumption. ,ut it is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety. CAN(N 12: ASSISTING IN SPEEDY AND EFFICIENT ADMINISTRATION OF 5USTICE A lawyer shall NOT appear for trial unless he has ade%uately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its presentation. .e should also be ready with the original documents for comparison with the copies. [Rule 12.01 Code o: P o:essional Responsi2ility] A lawyer shall NOT unduly delay a case, impede the e'ecution of !udgment or misuse court processes. [Rule 12.04, Code o: P o:essional Responsi2ility] CASE *he /ourt further commented that it is understandable for a party in the situation to ma&e full use of every conceivable legal defense the law allows it. In the appraisal, however, of such attempts to evade liability to which a party should respond, it must ever be

16
&ept in mind that procedural rules are intended as an aid to !ustice, not as means for its frustration. *echnicalities should give way to the realities of the situation. (7"ono%i" !nsu an"e Co., !n". vs. 0y Realty Co.) *he duty of a lawyer to assist in the speedy and efficient administration of !ustice includes the duty to refrain from tal&ing to his witness during a brea& or recess in the trial while the witness is still under e'amination. FORUM SHOPPING - the act of filing repetitious suits in different courts. It is committed through the following2 1. Doing from one court to another in the hope of securing a favorable relief in one court, which another court has denied. 2. >iling repetitious suits or proceedings in different courts concerning the same sub!ect matter after one court has decided the suit with finality. ". >iling a similar case in a !udicial court after receiving an unfavorable !udgment from an administrative tribunal. >orum shopping is prohibited by Supre-e Court Circular No. 2!$,1 , and the corresponding penalties for violation thereof are as follows2 1. Any violation of this circular shall be a cause for the summary dismissal of the multiple petition or complaint? 2. Any willful and deliberate forum shopping by any party and his lawyer with the filing of multiple petitions or complaints to ensure favorable action shall constitute direct contempt of court? 3. *he submission of a fa&e certification under par. 2 of the /ircular shall li&ewise constitute contempt of court, without pre!udice to the filing of a criminal action against the guilty party. *he lawyer may also be sub!ected to disciplinary proceedings.
CAN(N 1 : A!OIDING IMPROPRIETY THAT TENDS TO INFLUENCE THE COURT A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court. A lawyer shall not e'tend e'traordinary attention or hospitality to, nor see& opportunity for cultivating familiarity with !udges [Rule 1&.01, Code o: P o:essional Responsi2ility] A lawyer shall not ma&e public statements in the media regarding a pending case tending to arouse public opinion for or against a party. [Rule 1&.02, Code o: P o:essional Responsi2ility] A lawyer shall not brook nor invite interference by another branch or agency of the government in the normal course of judicial proceedings. [Rule 13.03 Code of Professional Responsibility]
ATTORNEY4CLIENT RELATIONSHIP
NATURE OF RELATION 1. strictly personal? 2. highly confidential and fiduciary GENERAL RULES PROTECTING ATTORNEY4CLIENT RELATIONSHIPS 1. ,est efforts must be e'erted by the attorney to protect his client+s interest? 2. *he attorney must promptly account for any fund or property entrusted by or received for his client? ". An attorney cannot purchase his client+s property or interest in litigation? #. *he privacy of communications shall at all times be upheld? 4. An attorney cannot represent a party whose interest is adverse to that of his client even after the termination of the relation. CREATION OF RELATION FORMS OF EMPLOYMENT AS COUNSEL TO A CLIENT


17 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES >. O.al when the counsel is employed without a written agreement, but the conditions and amount of attorney+s fees are agreed upon. 2. E=).ess when the terms and conditions including the amount of fees, are e'plicitly stipulated in a written document which may be a private or public document. -ritten contract of attorney+s fees is the law between the lawyer and the client. ". I()lie/ when there is no agreement, whether oral or written, but the client allowed the lawyer to render legal services not intended to be gratuitous without ob!ection, and the client is benefited by reason thereof. Note: -hile a written agreement for professional services is the best evidence to show the relation, formality is not an essential element of the employment of an attorney. *he absence of a written contract will not preclude a finding that there is a professional relationship. 3ocumentary formalism is not an essential element in the employment of an attorney? the contract may be e'press or implied. AD!ANTAGES OF A WRITTEN CONTRACT BETWEEN THE LAWYER AND THE CLIENT 1. It is conclusive as to the amount of compensation. 2. In case of un!ustified dismissal of an attorney, he shall be entitled to recover from the client full compensation stipulated in the contract [RA '&']. CAN(N 1': NOT TO REFUSE HIS SER!ICES TO THE NEEDY RIGHT TO DECLINE EMPLOYMENTE EFCEPTIONS General Rule: A lawyer is not obliged to act as legal counsel for any person who may wish to become his client. .e has the right to decline employment. Exceptions$
1. A lawyer shall not refuse his services to the needy. 2. .e shall not decline to represent a person solely on account of the latter+s race, se', creed or status of life or because of his own opinion regarding the guilt of said person. ". .e shall not decline, e'cept for serious and sufficient cause li&e @1A if he is not in a position to carry out effectively or competently? @2A if he labors under a conflict of interest between him and the prospective client or between a present and prospective client. Reasons: I,) Duidelines, Art.1, (ec. 1. )ublic (ervice2 1. :egal aid is not a matter of charity but a public responsibility. 2. It is a means for correction of social imbalance. ". :egal aid offices must be so organi$ed as to give ma'imum possible assistance to indigent and deserving members of the community and to forestall in!ustice. DUTY TO DECLINE EMPLOYMENT A lawyer should decline professional employment even though how attractive the fee offered may be if its acceptance will involve2 1. A violation of any of the rules of the legal profession. 2. =ullification of a contract which he prepared. ". Advocacy in any matter in which he had intervened while in the government service. #. 0mployment, the nature of which might easily be used as a means of advertising his professional services or his s&ill. 4. 0mployment with a collection agency which solicits business to collect claims. 6. Any matter in which he &nows or has reason to believe that he or his partner will be an essential witness for the prospective client.
20
ETHICAL CONSIDERATIONS IN TAAING A BAD CASE I* a C.i(i*al Case A lawyer may accept a losing criminal case because every accused is presumed innocent and is entitled to counsel. I* a Ci1il Case *he rules and ethics of the profession en!oin a lawyer from ta&ing a bad case. Reasons: 1. *he attorney+s signature in every pleading constitutes a certificate by him that there is good cause to support it and that it is not interposed for delay, and willful violation of such rule shall sub!ect him to disciplinary action. 2. It is the attorney+s duty to counsel or maintain such actions or proceedings only as appear to him to be !ust and only such defenses as he believes to be honestly debatable under the law. ". A lawyer is not to encourage either the commencement or the continuance of an action or proceeding, or delay any man+s cause, for any corrupt motive or interest. #. A lawyer must decline to conduct a civil cause or to ma&e a defense when convinced that it is intended merely to harass or in!ure the opposite party or to wor& oppression or wrong. .owever, a lawyer may accept a losing civil case provided that, in so doing, he must not engage in dilatory tactics and must advise his client about the prospects and advantage of settling the case through a compromise.
D%t& '+ a La,&e. t' His Clie*t i* Case The.e is C'*+lict '+ I*te.est A lawyer, in conferring with a prospective client shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. [Rule 1#.01] It is the duty of a lawyer at the time of retainer to disclose to the client all circumstances of his relations to the parties and any interest in connection with the controversy, which might influence the client in the selection of counsel. It is unprofessional to represent conflicting interests, e'cept by e'press consent of all concerned given after a full disclosure of facts. -ithin the meaning of this /anon, a lawyer represents conflicting interests when, in behalf of one client it is his duty to contend for that which duty to another client re%uires him to oppose. Tests t' Dete.(i*e C'*+licti*g I*te.ests 1. -ill the attorney be re%uired to contest for that which his duty to another client re%uires him to opposeL (Con&lictin. /uties" 2. -ill the acceptance of a new relation invite suspicion andHor actually lead to unfaithfulness or doubledealing towards another clientL (0n1itation o& suspicion" 3. -ill the attorney be called upon in his new relation to use against his first client any &nowledge ac%uired in the previous employmentL (Use o& prior 2no3le/.e o4taine/" INSTANCES WHEN A LAWYER IS CONSIDERED HA!ING CONFLICTING DUTIES 1. As an employee of a corporation whose duty is to attend legal affairs, he cannot !oin a labor
LAWYER;S DUTIES TO CLIENT

CAN(N 1): CANDOR- FAIRNESS AND LOYALTY IN HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS CONFLICT OF INTEREST
CHAIRPERSONS


21 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES union of employees in that corporation? As a lawyer who investigated an accident as counsel for an insurance, he cannot represent the in!ured person? As a receiver of a corporation, he cannot represent the creditor? As a representative of the obligor, he cannot represent the obligee? As a lawyer representing a party in a compromise agreement, he cannot be subse%uent lawyer representing another client who see&s to nullify the agreement? relation will prevent an attorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or double dealing in the performance thereof. (Po %ento, S . vs. Atty. Ponteved a, A.C. .o. #12), Ma "4 &1, 200#) CAN(N 1*: LAWYER;S DUTY TO HOLD IN TRUST ALL THE MONEY AND PROPERTY OF HIS CLIENT THAT MAY COME TO HIS POSSESSION PROHIBITION AGAINST PURCHASE OF PROPERTY IN LITIGATION Ele(e*ts '+ P.'hi$iti'* 1. *here is an attorney-client relationship? 2. *he property is in litigation? ". *he attorney is the counsel of record in the case? #. *he attorney, by himself or through an agent, purchases such property during the pendency of said case [A t. 14-1 o: t4e Civil Code] Othe. I*sta*ces Whe.e R%le is I*a))lica$le 1. -here the property purchased by a lawyer was not involved in litigation. 2. -here the sale too& place before it became involved in the suit. ". -here the attorney at the time of the purchase was not counsel in the case. #. -here the purchaser of the property in litigation was a corporation even though the attorney was an officer thereof. 4. -here the sale too& place after the termination of the litigation. 6. A lawyer may accept an assignment from his client of a money !udgment rendered in the latter+s favor in a case in which he was not counsel, in payment of his professional services performed in another case. 8. )rohibition is inapplicable to a contract for attorney+s fees contingent upon the outcome of the litigation.
2.
". #. 4.
E++ects '+ Re).ese*ti*g A/1e.se I*te.ests 1. 3is%ualification as counsel of new client on petition of former client. 2. -here such is un&nown to, and becomes pre!udicial to the interests of the new client, a !udgment against such may, on that ground, be set aside. ". A lawyer can be held administratively liable through disciplinary action and may be held criminally liable for betrayal of trust. #. *he attorney+s right to fees may be defeated if found to be related to such conflict and such was ob!ected to by the former client, or if there was a concealment and pre!udice by reason of the attorney+s previous professional relationship with the opposite party. CASE Curisprudence instructs that there is a representation of conflicting interests if the acceptance of the new retainer will re%uire the attorney to do anything which will in!uriously affect his first client in any matter in which he represents him and also whether he will be called upon in his new relation, to use against his first client any &nowledge ac%uired through their connection. Another test to determine if there is a representation of conflicting interests is whether the acceptance of a new

22
CAN(N 1+: FIDELITY TO THE CAUSE OF HIS CLIENT AND MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM CASE 7rdinarily, lawyers are not obliged to act either as advisers or as advocates of any person who may wish to become their client. *hey may decline employment and refuse to accept representation, if they are not in a position to carry it out effectively or competently. ,ut once they agree to handle a case, attorneys are re%uired by the /anons of )rofessional 5esponsibility to underta&e the tas& with $eal, care and utmost devotion. Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client+s cause. 0very case accepted by a lawyer deserves full attention, diligence, s&ill and competence, regardless of importance. (Rollon vs. Atty. .a aval, A.C. .o. '424, Ma "4 4, 200#) CAN(N 1!: SER!E CLIENT WITH COMPETENCE AND DILIGENCE DUTY TO PROTECT CLIENT;S INTEREST *he attorney+s duty to safeguard the client+s interests commences from his retainer until his effective release from the case or the final disposition of the whole sub!ect matter of the litigation. 3uring that period he is e'pected to ta&e such reasonable steps and such ordinary care as his client+s interests may re%uire. PREPARATION OF PLEADINGS A lawyer shall not handle any legal matter without any ade%uate preparation. (Rule 1).02) A lawyer should prepare his pleading with great care and circumspection. .e should refrain from using abrasive and offensive language, for it merely wea&ens rather than strengthens the force of legal reasoning and detracts from its persuasiveness. In preparing a complaint for damages, counsel for plaintiff should allege and state the specific amounts claimed not only in the body of the complaint but
CHAIRPERSONS
also in the prayer, so that the proper doc&et fees can be assessed and paid. DUTY TO AEEP CLIENT FULLY INFORMED A lawyer shall &eep the client informed of the status of his case. (Rule 1).04) .e should notify his client of an adverse decision while within the period to appeal to enable his client to decide whether to see& an appellate review. .e should communicate with him concerning the withdrawal of appeal with all its adverse conse%uences. *he client is entitled to the fullest disclosure of the mode or manner by which his interest is defended or why certain steps are ta&en or omitted. 5octrine o& 0-pute/ 6no3le/.e the &nowledge ac%uired by an attorney during the time that he is acting within the scope of his authority is imputed to the client. It is based on the assumption that an attorney, who has notice of matter affecting his client, has communicated the same to his principal in the course of professional dealings. *he doctrine applies regardless of whether or not the lawyer actually communicated to the client what he learned in his professional capacity, the attorney and his client being one !uridical person. Exceptions to t7e Rule t7at Notice to Counsel is Notice to Client 1. If strict application might foster dangerous collusion to the detriment of !ustice. 2. (ervice of notice upon party instead of upon his attorney is ordered by court. ". =otice of pre trial is re%uired to be served upon parties and their respective lawyers. #. In appeal from the lower court to the 5*/, upon doc&eting of appeal. DUTY WHEN THE ACCUSED INTENDS TO PLEAD GUILTY A PLEA OF GUILTY is an admission by the accused of his guilt of


22 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES crime as charged in the information and of the truth of the facts alleged, including the %ualifying and aggravating circumstances. It is the duty of the defense counsel when his client desires to enter a plea of guilty to2 "ACEPA# 1. >ully ac%uaint himself with the records and surrounding circumstances of the case 2. Confer with the accused and obtain from him his account of what had happened ". Advise him of his constitutional rights #. *horoughly e'plain to him the import of a guilty plea and the inevitable conviction that will follow 4. (ee to it that the prescribed )rocedure which e'perience has shown to be necessary to the administration of !ustice is strictly followed and disclosed in the court records. DUTY TO COMPLY WITH CLIENT;S LAWFUL RE3UEST A client shall respond within a reasonable time to the client+s re%uest for information. (Rule 1).04) A lawyer should endeavor to see& instruction from his client on any substantial matter concerning the litigation, which may re%uire decision on the part of the client, such as whether to compromise the case or to appeal an unfavorable !udgment. .e should give his client sound advice on any such and similar matters and comply with the client+s lawful instructions relative thereto. .e should resist and should never follow any unlawful instruction of his client. CAN(N 1,: DUTY TO REPRESENT CLIENT WITH 6EAL AND WITHIN THE BOUNDS OF THE LAW DUTY TO RESTRAIN CLIENT FROM IMPROPRIETY A lawyer should use his best efforts to restrain and to prevent his client from doing those things which he himself ought not to do, particularly with reference to the conduct toward the court, !udicial officer, witness and suitor and if the client persists in such wrong doing, the lawyer should terminate their relation. D%t& t' A/1ice Ca*/i/l& As officers of the court, counsels are under obligation to advise their clients against ma&ing untenable and inconsistent claims. *he counsel should inform his client and dissuade him from filing the case if totally devoid of merit. If he finds that his client+s cause as fairly meritorious and ripe for !udicial ad!udication, he should refrain from ma&ing bold and confident assurances of success. D%t& '+ La,&e. i* Case '+ A*',le/ge '+ Clie*t;s F.a%/ 1. .e must promptly call upon the client to rectify the same and failing which, 2. .e shall terminate their relationship with such client in accordance with the 5ules of /ourt. AUTHORITY OF A LAWYER A))ea.a*ce- the coming into court as a party either as a plaintiff or as a defendant and as&ing relief therefrom. ,y virtue of (ec. 2F, 5ule 1# of the 1998 5ules of /ivil )rocedure, there is no more distinction between general appearance and special appearance, in the sense that a defendant may file a motion to dismiss not only on the ground of lac& of !urisdiction over his person but also on some other grounds without waving the !urisdiction of the court over his person. P.es%()ti'* '+ A%th'.it& An attorney is presumed to be properly authori$ed to represent any cause in which he appears in all stages of the litigation and no written authority is re%uired to authori$e him to appear. *he presumption is a strong one. A mere denial by a party that he has authori$ed an attorney to appear for him, in the absence of compelling reason, is insufficient to overcome the presumption especially when the denial

23
comes after the rendition of an adverse !udgment. E++ects '+ a* U*a%th'.i<e/ A))ea.a*ce 1. )arty is not bound by the attorney+s appearance in the case in or by the !udgment rendered therein. 2. /ourt does not ac%uire !urisdiction over the person. ". *he adverse party who has been forced to litigate as a defendant by the unauthori$ed action on the part of the attorney for the plaintiff may, on that ground, move for the dismissal of the complaint. #. If unauthori$ed appearance is willful, attorney may be cited for contempt as an officer of the court who has misbehaved in his official transactions, and he may be disciplined for professional misconduct. Rati+icati'* '+ U*a%th'.i<e/ A))ea.a*ce >. EFPRESS2 categorical assertion by client that he has authori$ed a lawyer or that he confirms his authori$ation to represent him in the case. 9. IMPLIED2 where a party with &nowledge of the fact that a lawyer has been representing him in a case, accepts benefits of representation or fails to promptly repudiate the assumed authority. ReD%isites +'. I()lie/ Rati+icati'* $& Sile*ce 1. )arty represented by lawyer must be of age, competent or if suffers from disability, has guardian or legal representative. 2. )arty or guardian is aware of attorney+s representation. ". .e fails to promptly repudiate assumed authority. A%th'.it& '+ Att'.*e& i* the C'*/%ct '+ Litigati'* A lawyer has authority to bind the client in all matters of ordinary
CHAIRPERSONS
!udicial procedure. .e can bind his client on substantial matters only with the client+s e'press or implied consent. A client may waive, surrender, dismiss, or compromise any of his rights involved in a litigation in favor of the other party even without or against the consent of his attorney. A%th'.it& t' C'().'(ise C'().'(ise4 a contract whereby the parties, by ma&ing reciprocal concessions, avoid a litigation or put an end to one already commenced.
General Rule: *he attorney has no authority to compromise his client+s case. Reason: ,ecause the client, even if represented by counsel, retains e'clusive control over the sub!ect matter of the litigation. *he client can, of course, authori$e his lawyer to compromise his case, and the settlement made by the lawyer will bind his client. Exception$ -here the lawyer is confronted with an emergency and prompt, urgent action is necessary to protect the interest of his client and there is no opportunity for consultation with him.
MistaGes '. Neglige*ce '+ La,&e. Bi*/i*g U)'* Clie*t General Rule: /lient is bound by attorney+s conduct, negligence and mista&e in handling case or in management of litigation and in procedural techni%ue, and he can not be heard to complain that result might have been different had his lawyer proceeded differently. Exceptions: 1. -here adherence thereto results in outright deprivation of client+s liberty or property or where interest of !ustice so re%uires. 2. -here error by counsel is purely technical which does not affect substantially client+s cause. ". Ignorance, incompetence or ine'perience of lawyer is so great and error so serious that client, who has good cause


25 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES pre!udiced and denied a day in court. #. Dross negligence of lawyer. 4. :ac& of ac%uaintance with technical part of procedure. CAN(N 20: DUTY OF THE LAWYER TO CHARGE ONLY FAIR AND REASONABLE FEES ATTORNEY;S FEES Fact'.s i* Dete.(i*i*g Att'.*e&;s Fees (Rule 20.1, Canon 20" "TINSAPHCI# 1. time spent and the e'tent of the services rendered or re%uired? 2. *ovelty and the difficulty of the %uestions involved? ". importance of the sub!ect matter? #. s&ill demanded? 4. )robability of losing other employment as a result of the acceptance of the proffered case? 6. customary charges for similar services and the schedule of fees of the I,) /hapter to which he belongs? 8. amount involved in the controversy and the benefits resulting to the client from the service? 1. contingency or certainty of compensation? 9. character of the employment whether occasional or established? and 1F. the professional standing of the lawyer. T,' C'*ce)ts '+ Att'.*e&;s Fees 1. O./i*a.&- it is the reasonable compensation paid to the lawyer for the legal services he had rendered the client. *he basis of this compensation is the fact of employment by the client. 2. E=t.a'./i*a.&- an indemnity for damages ordered by the court to be paid by the losing party to the prevailing party in a litigation. *he basis of this is any of the cases authori$ed by law and is paya2le not to t4e la?ye 2ut to t4e "lient unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof. Ai*/s '+ Pa&(e*t ,hich (a& $e Sti)%late/ U)'* 1. FIFED OR ABSOLUTE FEE which is payable regardless of the result of the case. 2. CONTINGENT FEE that is conditioned on the securing of a favorable !udgment and recovery of money or property and the amount of which may be on a percentage basis. ". A fi'ed fee payable PER APPEARANCE. #. A fi'ed fee computed upon the NUMBER OF HOURS SPENT 4. A fi'ed fee based on PIECEWORA. 6. COMBINATION of any of the above. RETAINER4 may refer to either of two concepts2 1. Act of a client by which he engages the services of an attorney to render legal advice or to defend or prosecute his cause in court. 2. Fee which a client pays to the attorney Ai*/s '+ Retai*e. Ag.ee(e*ts 1. Ge*e.al .etai*e. the fee paid to a lawyer to secure his future services as general counsel for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal action. *he client pays fi'ed retainer fees, which could be monthly or otherwise. *he fees are paid whether or not there are cases referred to the lawyer. 2. S)ecial .etai*e. fee for a specific case or service rendered by the lawyer for the client. Sit%ati'*s ,he* C'%*sel ca**'t Rec'1e. the F%ll A('%*t '+ Att'.*e&;s Fees Des)ite W.itte* C'*t.act 1. -hen the services called for were not performed as when the

24
2.
".
#. 4.
6. 8. 1.
lawyer withdrew before the case was finished. .e will be allowed only reasonable fees -hen there is a !ustified dismissal of the attorney, the contract will be nullified and payment will be on the basis of %uantum meruit only. A contrary stipulation will be invalid. -hen the stipulated attorney+s fees are unconscionable i.e., when it is disproportionate as compared to the value of services rendered and is revolting to human conscience. -hen the stipulated attorney+s fees are in e'cess of what is e'pressly provided by law. -hen the lawyer is guilty of fraud or bad faith toward his client in the matter of his employment -hen the counsel+s services are worthless because of h is negligence. -hen contract is illegal, against morals or public policy. (erving adverse interest unless lawyer proves that it was with the consent of both parties.
4.
matter or the bigger the value of the interest of property in litigation, the higher is the attorney+s fees S&ill demanded of a lawyer the totality of the lawyer+s e'perience provides him the s&ill and competence admired in lawyers.
3%a*t%( Me.%it means as much as the lawyer deserves or such amount as his services merit. G%i/es +'. Dete.(i*i*g Att'.*e&;s Fees '* 3%a*t%( Me.%it Basis "TINS# 1. Time spent and e'tent of the services rendered or re%uired a lawyer is !ustified in fi'ing higher fees when the case is so complicated and re%uires more time and effort to finish it. 2. Novelty and difficulty of %uestions involved when the %uestions in a case are novel and difficult, greater effort, deeper study and research are bound to burn the lawyer+s time and stamina considering that there are no local precedents to rely upon 3. Importance of sub!ect matter the more important the sub!ect
CHAIRPERSONS
I*sta*ces '+ Rec'1e.& '+ Att'.*e&;s Fees '* the Basis '+ 3%a*t%( Me.%it 1. *here is no e'press contract for payment of attorney+s fees agreed upon between the lawyer and the client. 2. -hen although there is a formal contract for attorney+s fees, the fees stipulated are found unconscionable. ". -hen the contract for attorney+s fees is void due to formal matter. #. -hen for !ustifiable cause the lawyer was not able to finish the case. 4. -hen the lawyer and the client disregard the contract for fees. 6. -hen the client dismissed his counsel before the termination of the case or the latter withdrew therefrom for valid reasons. Cha()e.t'%s C'*t.act - one where the lawyer stipulates with his client in the prosecution of the case that he will bear all of the e'penses for the recovery of things or property being claimed by the client, and the latter agrees to pay the former a portion of the thing or property recovered as compensation. It is void for being against public policy.
C(N80NGEN8 CHA#%ER8(US
1s.
CHAMPERTOUS CONTRACT 1. )ayable in &ind 7=:< 2.:awyers underta&e to pay all e'penses of litigation
CONTINGENT CONTRACT 1. /ontingent fee is payable in cash 2. :awyers do not underta&e to pay all e'penses of litigation


25 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES 1. ;ain action is dismissed or nothing is awarded? 2. /ourt has decided that it has no !urisdiction over the action or has already lost it? ". )erson liable for attorney+s fees is not a party to the main action? #. /ourt reserved to the lawyer the right to file a separate civil suit for recovery of attorney+s fees? 4. (ervices for which the lawyer see&s payment are not connected with the sub!ect litigation? 6. Cudgment debtor has fully paid all of the !udgment proceeds to the !udgment creditor and the lawyer has not ta&en any legal step to have his fees paid directly to him from the !udgment proceeds. C'()e*sati'* t' Which a La,&e. is E*title/ t' De)e*/i*g '* His Ca)acit& 1. Counsel /e %arte 4 .e is entitled to a reasonable attorney+s fees agreed upon or in the absence thereof, on %uantum meruit basis. 2. Counsel /e (&icio - *he counsel may not demand from the accused attorney+s fees even if he wins the case. .e may however collect from the government funds if available based on the amount fi'ed by the court. 3. A-icus Curiae 4 not entitled to attorney+s fees ATTORNEY;S LIEN Cha.gi*g Lie* - is an e%uitable right to have the fees and lawful disbursements due a lawyer for his services in a suit secured to him out of the !udgment for the payment of money and e'ecutions issued in pursuance thereof in the particular suit. ReD%isites '+ a Cha.gi*g Lie* 1. 0'istence of a client-lawyer relationship? 2. *he attorney has rendered services? 3. >avorable !udgment secured by the counsel for his client which !udgment is a money !udgment?
". =ot prohibited
". Eoid
E*+'.ce(e*t '+ Att'.*e&;s Fees General Rule: A lawyer should avoid the filing of any case against client for enforcement of attorney+s fees Exceptions: 1. to prevent imposition 2. to prevent in!ustice ". to prevent fraud Wh' a.e E*title/ t' Att'.*e&;s Fees General Rule: 7nly lawyers are entitled to attorney+s fees. *he same cannot be shared with a non-lawyer. It is immoral. Exceptions: A lawyer may divide a fee for legal services with persons not licensed to practice law2 "CPR# 1. a lawyer underta&es to complete unfinished legal business of a deceased lawyer? 2. there is a )re-e'isting agreement with a partner or associate that, upon the latter+s death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement? ". a lawyer or law firm includes non-lawyer employees in .etirement plan, even if the plan is based in whole or in part on the profit sharing agreement E++ect '+ N%llit& '+ C'*t.act '* the Right t' Att'.*e&;s Fees 1. if the nullification is due to the ille3ality o: its o2@e"t, the lawyer is precluded from recovering? 2. if the nullity is due to a :o %al de:e"t or because the court has found the a%ount to be un"ons"iona2le, the lawyer may recover for any services rendered based on %uantum meruit. I*sta*ces Whe* a* I*/e)e*/e*t Ci1il Acti'* t' Rec'1e. Att'.*e&;s Fees is Necessa.&

26
4. 5.
*he attorney has a claim for attorney+s fees or advances? =oting into the records of the case through the filing of an appropriate motion of the statement of the lawyer+s claim for attorney+s fee with copies furnished to the client and adverse party.
&. Cove a3e
Retai*i*g Lie* 0 a right merely to retain the funds, documents, and papers as against the client until the attorney is fully paid his fees. ReD%isites "ALU# 1. Attorney-client relationship? 2. Lawful possession by the lawyer of the client+s funds, documents and papers in his professional capacity? 3. Unsatisfied claim for attorney+s fees 4. 7::e"t
/overs papers, documents, and properties in the lawful possession of the attorney by reason of his professional employment . As soon as the attorney gets possession of the papers, documents, or property. /lient need not be notified to ma&e it effective.
/overs all !udgment for the payment of money and e'ecution issued in pursuance of such !udgments.
RE8A0N0NG L0EN 9S.CHARG0NG L0EN

P'i*t '+ Disti*cti'* 1. .atu e Retai*i*g Lie* )assive :ien. It cannot be actively enforced. It is a general lien. :awful possession of papers, documents, property belonging to the client. Cha.gi*g Lie* Active :ien. It can be enforced by e'ecution. It is a special lien. (ecuring of a favorable money !udgment for the client.
#. .oti"e
As soon as the claim for attorney+s fees had been entered into the records of the case. =otice must be served upon client and adverse party Denerally, e'ercisable only when the attorney had already secured a favorable !udgment for his client.
6. Appli"a2il ity
2. 1asis
;ay be e'ercised before !udgment or e'ecution or regardless thereof.


27 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES *.78tin3uis4+ %ent -hen possession lawfully ends when as lawyer voluntarily parts with funds, documents, and papers of client or offers them as evidence. -hen client loses action as lien may only be enforced against !udgment awarded in favor of client, proceeds thereofH e'ecuted thereon. agent with reference to any fact re%uired in such capacity. 5. *he above duty is perpetual and is absolutely privileged from disclosure. E=ce)ti'*s t' the P.i1ilege 1. -hen there is consent or ,aiver of client. 2. -hen disclosure is re%uired by law. 3. -hen disclosure is made to )rotect the lawyer+s rights @i.e., to collect his fees or defend himself, his employees or associates or by !udicial actionA. 4. -hen such communications are made in contemplation of a crime or the perpetuation of a +raud LAWYER AS WITNESS A lawyer shall avoid testifying in behalf of his client. Reason$ *he function of a witness is to tell the facts as he recalls them in answer to %uestions. *he function of an advocate is that of a partisan. It is difficult to distinguish between the $eal of an advocate and the fairness and impartiality of a disinterested witness. Instances when a lawyer (a& NOT testi+& as a witness in a case which he is handling for a client2 1. -hen such would adversely affect any lawful interest of the client with respect to which confidence has been reposed on him? 2. .aving accepted a retainer, he cannot be a witness against his client? ". .e cannot serve conflicting interests? #. -hen he is to violate the confidence of his client? 4. -hen as an attorney, he is to testify on the theory of the case. Instances when a lawyer (a& testi+& as a witness in a case which he is handling for a client2 1. 7n formal matters, such as the mailing, authentication or
CAN(N 21: PRI!ILEGED COMMUNICATION ReD%isites 1. *here e'ists an attorney and client relationship or a &ind of consultancy relationship with a prospective client. *hat is, legal advise is what is sought? 2. *he communication was made by the client to the lawyer in the course of the lawyer+s professional employment? and 3. *he communication must be intended to be confidential. [0y C4i"o vs. 0nion (i:e Asso"iation So"iety, 2- P4il 1'&] P%.)'ses *o encourage a client to ma&e a full disclosure of the facts of the case to his counsel without fear? *o allow the lawyer freedom to obtain full information from his client. Cha.acte.istics 1. A-/ privilege where legal advice is professionally sought from an attorney. 2. *he client must intend the above communication to be confidential. 3. A-/ privilege embraces all forms of communication and action. 4. As general rule, A-/ privilege also e'tends to the attorney+s secretary, stenographer, cler& or

20
2. ". #. 4.
custody of an instrument and the li&e? Acting as an e'pert on his fee? Acting as an Arbitrator? 3eposition? 7n substantial matters in cases where his testimony is essential to the ends of !ustice, in which event he must, during his testimony, entrust the trial of the case to another counsel.
CAN(N 22: WITHDRAWAL OF SER!ICES TERMINATION OF RELATIONSHIP ATTORNEY4CLIENT
INTER!IEWING WITNESSES Wit*ess- human instrumentality through which the law and its ministers, the !udges and lawyers, endeavors to ascertain the truth and to dispense !ustice to the contending parties. 1. A lawyer may interview a witness in advance of trial to guide him in the management of the litigation. 2. A lawyer may also interview a prospective witness for the opposing side in any civil or criminal action without the consent of the opposing counsel or party. ". A lawyer may properly obtain statements from witnesses whose names were furnished by the opposing counsel or interview the employees of the opposing party even though they are under subpoena to appear as witnesses for the opposite side. #. If after trial resulting in defendant+s conviction, his counsel has been advised that a prosecution witness has committed per!ury, it is not only proper but it is the lawyer+s duty to endeavor honorably to obtain such witness+ retraction, even without advising the public prosecutor of his purpose and even though the case is pending appeal. An adverse party, though he may be used as a witness, is not, however, a witness within the meaning of the rule permitting a lawyer to interview the witness of the opposing counsel.
I*sta*ces Whe* a C'%*sel Ca* With/.a, His Se.1ices 1. -hen the client pursues an illegal or immoral course or conduct in connection with the case he is handling? 2. -hen the client insists that the lawyer pursue conduct violative of the /ode of )rofessional 5esponsibility? ". -hen his inability to wor& with co-counsel will not promote the best interest of the client? #. -hen the mental or physical condition of the lawyer renders it difficult for him to carry on the employment effectively? 4. -hen the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement? 6. -hen the lawyer finds out that he might be appearing for a conflicting interest? @Note: In all the above cases, the lawyer must file a written motion with an e'press consent of his client and must wait for the approval of the court.A 8. -hen the lawyer is elected or appointed to public office? 1. 7ther similar cases [Canon 22 Rule 22.01] NOTE A lawyer may withdraw as counsel only with the conrent of the client and with leave of court, and only for good cause enumerated in Rule 22.01 o: t4e Code o: P o:dssional Responsi2ility. *he relation of attorney-client relationship is strictly personal and highly confidential and fiduciary. =ecessity and public interest re%uire that it be so. Discha.ge '+ the Att'.*e& $& Clie*t *he client has the right to terminate at any time WITH OR WITHOUT 5UST CAUSE.


21 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES Cust cause is material determining compensation. only in 1. Immediately turn-over all papers and property to which the client is entitled? 2. *o cooperate with the succeeding lawyer in the orderly transfer of the case. C'*/iti'*s +'. S%$stit%ti'* '+ C'%*sel 1. -ritten re%uest for such substitution 2. -ritten consent of the client 3. -ritten consent of the attorney to be substituted or in the absence thereof, proof of service of notice of said motion to the attorney to be substituted.
:it7out ;ust cause And no e'press written agreement as to fees reasonable value of his services up to the date of his dismissal @%uantum meruitA And there is written agreement and the fee stipulated is absolute and reasonable full payment of compensation And the fee stipulated is contingent If dismissed before the conclusion of the action reasonable value of his services @%uantum meruitA If contingency occurs or client prevents its occurrence full amount @Note: lawyer should %uestion his discharge, otherwise he will be allowed to recover on %uantum meruit basis.A :it7 ;ust cause :awyer is not necessarily deprived of his right to be paid for his services. .e may only be deprived of such right if the cause for his dismissal constitutes in itself a sufficient legal obstacle to recovery. Li(itati'*s '+ Clie*t;s Right t' Discha.ge His C'%*sel 1. /lient cannot deprive counsel of his right to be paid for services rendered if dismissal is without cause? 2. /lient cannot discharge counsel as an e'cuse to secure repeated e'tensions of time? 3. =otice of discharge re%uired in so far as court and adverse party are concerned. D%ties '+ a Discha.ge/ La,&e. '. O*e Wh' With/.a,s
LIABILITIES OF A LAWYER
LIABILITY FOR DAMAGES Re<uisites 1. Attorney - client relationship 2. Want of reasonable care M diligence 3. In!ury sustained by client as pro'imate result thereof. 6in/s o& 5a-a.es 1. N'(i*al where client lost the litigation as a conse%uence of lawyer+s gross omission or negligence. 2. Act%al7c'()e*sat'.& 3. M'.al Da(ages 4. Att'.*e&;s +ees @Note$ for nos. 2-# there should be showing that had the lawyer e'ercised due diligence client would have succeeded in recovering from adverse party.A Lia4ilit= &or >reac7 o& ?i/uciar= (4li.ation :awyer holds his client+s funds or property in trust for clients and is obliged to ma&e an accounting of such funds that come to his possession. E&&ect o& ?ailure to Return Client@s #one= or %ropert= A&ter 5e-an/ 1. )resumption that he misappropriated the same 2. /ivilly liable in favor of client ". /riminal liability

22
#. Administrative liability Re-e/= o& Client 5ecover property from lawyer together with its fruits, sub!ect to client+s returning to his lawyer purchase price M legal interest. Li$el'%s W'./s i* Plea/i*gs A lawyer is e'empted from liability for slander, libel or otherwise defamatory, published in course of !udicial proceedings, PRO!IDED statements are connected with, relevant, pertinent and material to cause in hand or sub!ect of in%uiry Test '+ Rele1a*c& *he matter to which the privilege does not e'tend must be palpably wanting in relation to sub!ect of controversy, that no reasonable man can doubt its relevancy or propriety. )leadings should contain plain and concise statements of material facts and if pleader goes beyond re%uisites of law and alleges irrelevant matter which is libelous, he loses his privilege and may be liable in separate suit. Lia$ilit& +'. C'sts '+ S%it General Rule$ :osing client and not the lawyer is liable for costs of suit in favor of prevailing party, lawyer not being party-litigant. Exception: -here the lawyer insisted on client+s patently unmeritorious case or interposed appeal to delay litigation or thwart prompt satisfaction of prevailing party+s !ust and valid claim, court may ad!udge lawyer to pay treble costs of suit. CRIMINAL LIABILITY A lawyer may be held criminally liable if he commits any of the following2 1. /ausing pre!udice to client thru malicious breach of professional duty or thru ine'cusable negligence or ignorance. 2. 5evealing client+s secrets learned in lawyer+s professional capacity thru malicious breach of
professional duty or ine'cusable negligence or ignorance. Speci&ic Acts 37ic7 #a= Result to Cri-inal Lia4ilit= 1. A lawyer who has underta&en the defense of client or has received confidential information from said client in a case may be criminally liable for underta&ing defense of opposing party in same cause without consent of first client.KArt. 2F9, 5)/N 2. A lawyer who shall &nowingly introduce in evidence in any !udicial proceeding or to the damage of another or who, with intent to cause such damage, shall use any false document may be held criminally liable therefor. [A t.1*2, RPC] 3. A lawyer who misappropriates his client+s funds may be held liable for estafa. CONTEMPT OF COURT Nature It is e'ercised on preservative and not on vindictive principle and on corrective rather than the retaliatory idea of punishment, for purposes that are impersonal. It is cri-inal in nature. *he power to punish for contempt is inherent in all courts. It is essential in the observance of order in !udicial proceedings and to enforcement of !udgment, orders and writs. 6in/s o& Conte-pt 1. Di.ect C'*te()t consists of misbehavior in the presence of or so near a court or !udge as to interrupt or obstruct the proceedings before the court or the administration of !ustice 2. I*/i.ect '. C'*st.%cti1e C'*te()t one committed away from the court involving disobedience of or resistance to a lawful writ, process, order, !udgment or command of the court, or tending to belittle, degrade, obstruct, interrupt or embarrass the court


22 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES 3. Ci1il C'*te()t failure to do something ordered by the court which is for the benefit of a party 4. C.i(i*al C'*te()t consists of any conduct directed against the authority or dignity of the court. Acts o& a La3=er Constitutin. Conte-pt 1. ;isbehavior as officer of court 2. 3isobedience or resistance to court order 3. Abuse or interference with !udicial proceedings 4. 7bstruction in administration of !ustice 5. ;isleading courts 6. ;a&ing false allegation, criticisms, insults, veiled threats against the court 7. Aiding in unauthori$ed practice of law @suspended or disbarredA 8. Bnlawful retention of client+s funds 9. Advise client to commit contemptuous acts mentioned in (ection 28, 5ule 1"1 [Se"tion 1', Rule 1&-+1]. Note: ,ut they cannot disbar a lawyer.
FORMS OF DISCIPLINARY MEASURES "WARS 0 CD#

1. Wa.*i*g an act or fact of putting one on his guard against an impending danger, evil conse%uences or penalties. 2. A/('*iti'* a gentle or friendly reproof, mild rebu&e, warning or reminder, counseling, on a fault, error or oversight, an e'pression of authoritative advice. 3. Re).i(a*/ a public and formal censure or severe reproof, administered to a person in fault by his superior officer or a body to which he belongs. 4. S%s)e*si'* temporary withholding of a lawyer+s right to practice his profession as a lawyer for a certain period or for an indefinite period of time. a. 3 efinite b. I ndefinite %ualified disbarment? lawyer determines for himself for how long or how short his suspension shall last by proving to court that he is once again fit to resume practice of law. 5. Ce*s%.e - 7fficial reprimand. 6. Dis$a.(e*t - It is the act of the )hilippine (upreme /ourt in withdrawing from an attorney the right to practice law. *he name of the lawyer is stric&en out from the roll of attorneys.
III. BAR DISCIPLINE

POWER TO DISCIPLINE ERRANT LAWYERS
1. *he S%).e(e C'%.t has the full authority and power to @-A53(A a. Warn 1. Admonish 2. Reprimand ". Suspend and #. Disbar a lawyer [Se"tion 2*, Rules 1&), Rules o: Cou t] 2. *he C'%.t '+ A))eals and the Regi'*al T.ial C'%.ts are also empowered to @-A5(A a. Warn b. Admonish c. Reprimand and d. Suspend an attorney who appears before them from the practice of law for any of the causes
SUSPENSION AND DISBARMENT
23
Nat%.e '+ P.'cee/i*gs 1. NOT a civil action because there is no plaintiff and no respondent, involves no private interest. *he complainant is not a party and no interest in the outcome e'cept as all citi$ens have in proper administration of !ustice, no redress for private grievance. 2. NOT a criminal prosecution because it is not meant as a punishment depriving him of source of livelihood but rather to ensure that those who e'ercise the function should be competent, honorable and reliable so that public may repose confidence in them. 3. SUI GENERIS, it is a class of its own since it is neither civil nor criminal 4. /onfidential in nature. 5. 3efense of double !eopardy is not available. 6. /an be initiated by the (/ motu propio or by the I,). It can be initiated without a complaint? 7. /an proceed regardless of interest of the complainants? 8. Imprescriptible? 9. It is itself due process of law. Reas'* +'. MaGi*g Dis$a.(e*t P.'cee/i*gs C'*+i/e*tial *o enable the (upreme /ourt to ma&e its investigation free from any e'traneous influence or interference as well as to protect the personal and professional reputation of attorneys and !udges from the baseless charges of disgruntled, vindictive and irresponsible clients and litigants. K!n Re$ A2istado, #* P4il '')] GROUNDS FOR SUSPENSION OR DISBARMENT OF MEMBERS OF THE BAR 1. Bnder R%le >@B- Sec. 9J of the 5evised 5ules of /ourt2 a. Deceit- is a fraudulent and deceptive misrepresentation, artifice of device used by one or more persons to deceive and tric& another, who is ignorant of the true facts to the pre!udice and damage of the party
CHAIRPERSONS
imposed upon. *here must be false representation as matter of fact. @0'ample2 ;isappropriation of client+s fundA b. Mal).actice- '. 'the. g.'ss (isc'*/%ct i* '++ice4 any malfeasance or dereliction of duty committed by a lawyer. @78a%ple$ >ailure of lawyer to appeal in allowing the period of appeal to lapseA Legal Mal).actice4 consists of failure of an attorney to use such s&ill, prudence and diligence as lawyers of ordinary s&ill and capacity commonly possess and e'ercise in the performance of tas&s which they underta&e, and when such failure pro'imately causes damage, it gives rise to an action in tort. [9an 9e; 1en3 vs. ,avid, 12' SCRA &)-] c. G.'ssl& i(('.al c'*/%ct4 that conduct which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community. CASE In the case of A "ia3a vs. Mani?an3 [10' SCRA #-1], mere intimacy between a lawyer and a woman with no impediment to marry each other voluntarily cohabited and had two children, is neither so corrupt as to constitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary action against the man as a member of the bar. d. C'*1icti'* '+ a c.i(e i*1'l1i*g ('.al t%.)it%/e @78a%ples$ estafa, bribery, murder, bigamy, seduction, abduction, concubinage, smuggling, falsification of public document, violation of ,.). 22A e. !i'lati'* '+ 'ath '+ '++ice f. Will+%l /is'$e/ie*ce '+ a*& la,+%l './e. '+ a s%)e.i'. c'%.t


25 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES g. C'..%)tl& '. ,ill+%ll& a))ea.i*g as a* att'.*e& +'. a )a.t& t' a case ,ith'%t a%th'.it& t' /' s'. 2. Ac%uisition of an interest in the sub!ect matter of the litigation, either though purchase or assignment AArt. 1',1, Ci1il Co/eB 3. ,reach of professional duty, ine'cusable negligence, or ignorance, or for the revelation of the client+s secrets AArt. 20!, Re1ise/ %enal Co/eB 4. 5epresenting conflicting interests AArt. 20,, Re1ise/ %enal Co/eB G.'%*/s +'. /is$a.(e*t NOT EFCLUSI!E *he statutory enumeration of the grounds for disbarment or suspension is not to be ta&en as a limitation on the general power of courts to suspend or disbar a lawyer. *he inherent power of court over its officers cannot be restricted. [Auin3?a vs. Puno, Ad%in. Case .o &-), /e2. 2), 1-'*] *he (upreme /ourt has disbarred or suspended lawyers for reasons not found in the statute as when their acts are contrary to honesty or good morals or do not appro'imate the highest degree of morality and integrity e'pected of the members of the bar. [Sta. Ma ia vs. 9ua>on, Ad%in. Case .o. &-', Buly &1, 1-'4]. 3%a*t%( '+ E1i/e*ce ReD%i.e/ 2 clear, convincing and satisfactory evidence B%./e* '+ P.''+2 rests on the complainant, the one who instituted the suit B.each '+ D%ties t' C'%.t 1. O$st.%cti*g A/(i*ist.ati'* '+ K%stice constitutes misconduct and !ustifies disciplinary action against him and contempt of court. @78a%ple$ >orum shoppingA 2. Mislea/i*g c'%.t &nowingly ma&ing false allegation in pleadings, mis%uoting te't of documents, suppressing material facts 3. P.e+e..i*g +alse cha.ges filing or prosecuting false charges against another for his action is violative of duty to do falsehood nor consent to doing of any in court, nor wittingly or willingly promote or sue any false, groundless, unlawful suit. Re<uisites a. /harges are fa&e b. :awyer &nows them to be so 4. I*t.'/%ci*g False E1i/e*ce it is a violation of oath to do no falsehood nor consent to doing of any in court. -hen false testimony is material to in%uiry or relevant to issue, it re%uires suspension or disbarment. 7n the other hand, when the testimony is immaterial or irrelevant and does not cause substantial pre!udice, it only warrants lesser sanction, such as warning or reprimand 5. Will+%ll& /is'$e&i*g c'%.t './e.s lawyer may be punished for contempt and disciplined as officer of court. 6. Usi*g 1ici'%s '. /is.es)ect+%l la*g%age constitutes direct contempt? violation of oath and /ode of )rofessional 5esponsibility. 7. C'*ti*%e t' ).actice a+te. s%s)e*si'* constitutes gross misconduct and willful disregard of suspension order.
BREACH OF DUTIES OF A LAWYER
B.each '+ D%ties t' Clie*t 1. Neglige*ce i* )e.+'.(a*ce '+ /%ties

24
2. 3.
4.
5.
6.
Re<uisites to -arrant (uspension or 3isbarment2 i. =egligence and carelessness which must be gross in character ii. /aused material pre!udice to client Note: ;ere negligence without pecuniary damages !ustifies only reprimand or censure e'cept when breach of duty to client is a gross violation of obligation to court. E()l'&(e*t '+ %*la,+%l (ea*s Deceit '. (is.e).ese*tati'* Re<uisites a. ,ad faith on the part of the lawyer b. ;aterial damage to client Re).ese*ti*g a/1e.se I*te.est a*/ .e1eali*g clie*t;s sec.ets 4 If there is no written consent of client, a lawyer may not represent conflicting interest. *he fact that lawyer did not ac%uire confidential information from client nor use the same against the latter does not e'cuse him from responsibility. P%.chase clie*t;s ).')e.t& i* litigati'* Re<uisites: a. :awyer is counsel for client at the time he ac%uired the property b. )roperty is sub!ect of litigation c. Ac%uires it by himself or through another d. Ac%uires property during pendency of litigation Faili*g t' acc'%*t '. (isa)).').iati'* '+ clie*t;s ).')e.t& 4 presupposes fraudulent intent of lawyer. Immediate repayment by lawyer of client+s money or property after demand but before institution by client of disbarment proceedings negate fraudulent intent. If the lawyer has a lien, it cannot be used as an e'cuse for not ma&ing an accounting.
7. C'llecti*g %*.eas'*a$le +ees 0 -here the law fi'es the ma'imum amount which lawyer may charge client, collection of more than what law allows constitutes malpractice. 1. Acti*g ,ith'%t a%th'.it& - a lawyer can bind client without special power of attorney only on procedural matters 9. Will+%ll& a))ea.i*g ,ith'%t $ei*g .etai*e/ -It must be willful, corrupt or contumacious in order that he may be held liable. B.each '+ D%ties t' Ba. a. U*ethical c'*/%ct '. %*).'+essi'*al c'*/%ct - that which violates rules or ethical code of legal profession. b. De+a(i*g +ell', la,&e. Bse of improper and ob!ectionable language against another lawyer or accuse him wantonly and maliciously of a serious misconduct in the absence of reasonable cause constitutes misconduct. (trongly worded statements by a lawyer against opposing lawyer, if !ustified by records, may not !ustify disciplinary action against him. c. E*c.'achi*g %)'* $%si*ess '+ a*'the. d. S'liciti*g $%si*ess - for purpose of gain, personally or through paid agents is ;A:)5A/*I/0 and agreeing with non-lawyer to divide lawyer+s fees paid by client or for solicitation by non-lawyer. e. A/1e.tisi*g
OTHER GROUNDS FOR DISCIPLINE

>. NON4PROFESSIONAL MISCONDUCT


Ge nera l Rule $ :awy er may not be susp ende d or disba rred for misc ondu ct in his nonprofe ssion al or priva te capa city. Exception$ -here such is so D57(( to show him to be morally unfit for office or unworthy of privilege, court may be !ustified in suspending or removing him from the roll of attorneys.
9. GROSS IMMORALITY4 AN ACT OF PERSONAL IMMORALITY ON THE PART OF THE LAWYER IN HIS PRI!ATE RELATION WITH OPPOSITE SEF MAY PUT CHARACTER IN DOUBT. BUT TO 5USTIFY SUSPENSION OR DISBARMENTTHE ACT MUST NOT ONLY BE IMMORALIT MUST BE GROSSLY IMMORAL. "A>A0GAR 9S. %AC# G.'ssl& I(('.al C'*/%ct one so corrupt and false as to constitute criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. /ohabitation per se is not grossly immoral, it depends on circumstances and it is not necessary that there be prior conviction for offense before lawyer may be disciplined for gross immorality. If the evidence is not sufficient to hold the lawyer liable for gross immorality, he may still be
reprimanded where evidence shows failure on his part to comply with rigorous standards of conduct re%uired from lawyers. @. CON!ICTION OF CRIME IN!OL!ING MORAL TURPITUDE All crimes of which fraud or deceit is an element or those inherently contrary to rules of right conduct, honesty or morality in civili$ed community #. PROMOTING TO !IOLATE OR !IOLATING PENAL LAWS C. MISCONDUCT IN DISCHARGE OF OFFICIAL DUTIES A lawyer who holds a government office may not be disciplined as a member of the bar for misconduct in the discharge of his duties as a government official. If the misconduct, however, is in violation of the /ode of )rofessional 5esponsibility or of his oath as a lawyer or is of such a character as to affect his %ualifications as a lawyer, he may be sub!ect to disciplinary action such as disbarment @/ollantes vs. 5enomeronA. *his rule does not apply to impeachable officials li&e (/ Custices, ;embers of the /onstitutional /ommission and 7mbudsman because they can be removed only by impeachment. L. COMMISSION OF FRAUD OR FALSEHOOD J. MISCONDUCT AS NOTARY PUBLIC ,y applying for having himself commissioned as notary public, lawyer assumes duties in dual capacity, the nonperformance of which be may be a ground for discipline as member of bar. OFFICERS AUTHORI6ED TO IN!ESTIGATE DISBARMENT CASES 1.(upreme /ourt 2.Integrated ,ar of the )hilippines @I,)A through its /ommission on ,ar 3iscipline or authori$ed investigators ".7ffice of the (olicitor Deneral
GRIE!ANCE PROCEDURE DISBARMENT- SUSPENSION- AND
26
DISCIPLINE OF ATTORNEYS (Rule 1 ,$>"

)roceedings for the disbarment, suspension and discipline of attorneys may be ta&en2 1. by the (upreme /ourt motu proprio, or, 2. by the I,) upon the verified complaint of any person *he I,) ,oard of Dovernors may initiate and prosecute proper charges against erring attorneys including those in government2 1. motu propio or 2. upon referral by the (/ or ". by a /hapter ,oard of 7fficers or at the instance of any person. *he complaint must be2 1. verified? 2. state clearly and concisely the facts complained of? ". supported by affidavits of persons having personal &nowledge of the facts therein alleged, or by such documents as may substantiate it? #. si' @6A copies shall be filed with the (ecretary of I,) or any of its /hapters.
OUTLINE OF DISBARMENT PROCEEDING IN THE IBP (RULE1 ,$>" 1. *he case shall be assigned to a =ational Drievance Investigator where the ,oard of Dovernors shall appoint one from among I,) members of three @"A when special circumstances warrant? 2. If the complaint is meritorious, the respondent shall be served with a copy re%uiring him to answer within 14 days from service? ". *he respondent shall file an answer containing si' @6A copies and shall verify the same? after receipt of the answer or lapse of the period to do so, the (upreme /ourt ,may, motu propio or at the instance of the I,) ,oard of Dovernors, upon
CHAIRPERSONS
recommendation by the Investigator, suspend an attorney from practice, for any of the causes under 5ule 1"1, (ec. 28, during the pendency of the investigation? #. After !oinder of the issues or failure to answer, the respondent shall be given full opportunity to defend himself. ,ut if the respondent fails to appear to defend himself inspite of notice, the investigator may proceed e8 pa te. *he investigation shall be terminated within three @"A months from commencement which period may be e'tended? 4. *he Investigator shall ma&e a report to the ,oard of Dovernors within "F days from termination of the investigation which report shall contain his findings and recommendations together with the evidence? 6. *he ,oard of Dovernors shall have the power to review the decision of the Investigator. Its decision shall be promulgated within a period not e'ceeding "F days from the ne't meeting of the ,oard following the submission of the report of the Investigator2 a. If the decision is a finding of guilt of the charges, the I,) ,oard of Dovernors shall issue a resolution setting forth its findings and recommendations which shall be transmitted to the (upreme /ourt for final action together with the record? b. If the decision is for e'oneration, or if the sanction is less than suspension or dismissal, the ,oard shall issue a decision e'onerating the respondent or imposing a lesser sanction. *he resolution e'onerating the respondent shall be considered as terminating the case unless upon petition of the complainant or other interested party filed with the (upreme /ourt within


27 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES 14 days from notice of the ,oard+s decision. PROCEDURE FOR DISBARMENT IN THE SUPREME COURT 1. Bpon the initiation of the complaint, the (upreme /ourt may refer the case for investigation to the (olicitor Deneral, or any officer of the (upreme /ourt, or !udge of a lower court? 2. If referred, the investigator shall proceed with the investigation and ma&e a report to the (upreme /ourt. R%les i* the I()'siti'* '+ Pe*alties a. !n "ase o: Suspension 3ivision 1 year or less 0n ,anc e'ceeds 1 year b. prove the charges. *his rule is founded on the rationale that a disbarment proceeding is neither civil nor criminal but one prosecuted solely for the public interest. -hat is important is whether the charges against the respondent have been duly proved. @Note2 *he same principle applies to administrative charges against !udges.A D'ct.i*e '+ RES IPSA LO3UITOR "Mthe thi*g s)eaGs +'. itsel+N# CASES *his principle or doctrine applies to both !udges and lawyers. Cudges had been dismissed from the service without need for a formal investigation because based on the records, the gross misconduct or inefficiency of the !udges clearly appears. [0y vs. Me "ado, 1#4 SCRA #'*]. *he same principle applies to lawyers. *hus, on the basis of the lawyer+s comment or answer to a showcause order of (/, it appears that the lawyer has so conducted himself in a manner which e'hibits his blatant disrespect to the court, or his want of good moral character or his violation of the attorney+s oath, the lawyer may be suspended or disbarred without need of a trial-type proceeding. -hat counts is that the lawyer has been given the opportunity to give his side. [P udential 1an; vs. Cast o 1## SCRA '04] DEFE NSES *he purpose and nature of disbarment proceedings ma&e the number of defenses available in civil and criminal actions inapplica4le in disciplinary proceedings. *he (tatute of :imitations is not a defense in disciplinary proceedings nor does the fact the circumstance that facts set up as ground for disbarment constitute crime, the prosecution for which in criminal action is barred by prescription, preclude the disbarment proceeding. .owever, the fact that a considerable length of time has lapsed from the date the misconduct too& place to date the complaint for disbarment was filed may indicate ulterior motive on
3ivision )1F,FFF or less 0n ,anc )1F,FFF or more

c. !n "ase o: 2ot4 Suspension and /ine en banc if the suspension e'ceeds 1 year or the fine e'ceeds )1F, FFF. !n "ase o: 2 o %o e suspensions service will be successive, not simultaneous
!n "ase o: /ine
d.
I*1estigati*g 5%/ge CANNOT /is(iss case CASE *he investigating !udge+s authority is only to investigate, ma&e a report and recommendation on the case to be submitted to the (/ for final determination. [6 a"iano vs. Se2astian, 2&1 SCRA #))] E++ect '+ /esista*ce- ,ith/.a,al '+ c'()lai*t '. *'*4a))ea.a*ce '+ c'()lai*a*t i* /is$a.(e*t ).'cee/i*gs *he desistance or the withdrawal of the complainant of the charges against a !udge does not deprive the court the authority to proceed to determine the matter. =or does it necessarily result in the dismissal of the complaint e'cept when, as a conse%uence of the withdrawal or desistance no evidence is adduced to
30
the part of complainant or innocence on the part of respondent. MODIFYING CIRCUMSTANCES 0'tent of disciplinary action depends on attendance of mitigating or aggravating circumstance. Mitigati*g Ci.c%(sta*ces 1. Dood faith 2. -ant of intention to commit wrong ". :ac& of material damage to complainant #. 3esistance of complainant 4. <outh and ine'perience, etc. Agg.a1ati*g Ci.c%(sta*ces 1. Abuse of authority or of attorneyclient relationship 2. (e'ual intercourse with a relative ". /harge of gross immorality #. )revious dismissal as member of the bar EFFECT OF EFECUTI!E PARDON If during the pendency of disbarment proceeding the respondent was granted e'ecutive pardon, the dismissal of the case on that sole basis will depend on whether the e'ecutive pardon is absolute or conditional. If the pardon is absolute, the disbarment case will be dismissed. .owever, if the e'ecutive pardon is conditional, the disbarment case will not be dismissed on the basis thereof. Absolute pardon by )resident may wipe out conviction as well as offense itself and the grant thereof in favor of a lawyer is a bar to a proceeding for disbarment against him based solely on commission of such offense. *he reason is that the respondent lawyer, after the absolute pardon, is as guiltless and innocent as if he never committed the offense at all. If absolute pardon is given to lawyer after being disbarred for conviction of crime, it does not automatically entitle him to reinstatement to the bar. It must be shown by evidence aside from absolute pardon that he is now a person of good
CHAIRPERSONS
moral character and fit and proper person to practice law. In case of a conditional pardon, there will be a remission of une'pired period of sentence. EFFECTS OF DEATH OF LAWYER DURING PENDENCY OF DISCIPLINARY ACTION AGAINST HIM 1. 5enders action moot and academic 2. @,utA court may still resolve case on the merit in order to clear publicly the name of the lawyer.
5UDGMENT
DISMISSAL OF CASE In the absence of convincing or clearly preponderant evidence, disbarment case against him should be dismissed. .owever, the court can still impose conditions despite dismissal of disciplinary action against him, if the facts so warrant and in the event the lawyer fails to comply with such condition, it may suspend or disbar him for disobedience of its order. SUSPENSION OR DISBARMENT A lawyer who has been suspended or disbarred cannot practice law without being held liable for contempt of court. *he suspended lawyer may be disbarred for violation of the suspension order. (uch !udgment does not prohibit pro se practice @Deeslin vs. =avarro? 114 (/5AA. If the lawyer holds a government office which re%uires membership in the bar as an indispensable %ualification, he may be dismissed from said office @/ollantes vs. 5enomeron? 2FF (/5AA.
REINSTATEMENT
*he (upreme /ourt has the e'clusive authority to reinstate. *his is based on its constitutional prerogative to promulgate rules on the admission of applicants to the practice of law. )etitioner must prove that he is once again fit and proper person to practice


31 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES law. *he following must be ta&en into consideration2 1. the applicant+s character and standing prior to disbarment? 2. the nature or character of misconduct for which he is disbarred? ". his conduct subse%uent to disbarment [Cui vs. Cui, 11 SCRA *##]C #. including his efficient government service [!n e Ad iati"o, 1* P4il &24] 4. the time that has elapsed between disbarment and the application for reinstatement and the circumstances that he has been sufficiently punished and disciplined [P udential 1an; vs. 1en@a%in 6 e"ia, 1-2 SCRA &)1] 6. applicant+s appreciation of significance of his dereliction and his assurance that he now possesses the re%uisite probity and integrity? 8. favorable endorsement of the I,), pleas of his loved ones [Dap 9an vs. Sa2andal, 1*0 SCRA 20*]. *he court may re%uire applicant for reinstatement to enroll in and pass the re%uired fourth year review classes in a recogni$ed law school. [Cui vs. Cui, 11 SCRA *##C !n e Rusiana, #' SCRA 240] A previously disbarred lawyer who is given absolute pardon by the )resident is not automatically reinstated, he must still file a petition for reinstatement with the (/. C'*/iti'* +'. Rei*state(e*t A lawyer who has been suspended or disbarred may be reinstated when the (/ is convinced that he has already possessed the re%uisites of probity and integrity necessary to guarantee his worth to practice his profession. EFFECTS OF REINSTATEMENT 1. 5ecognition of moral rehabilitation and mental fitness to practice law? 2. :awyer shall be sub!ect to same law, rules and regulations as those applicable to any other lawyer? 3. :awyer must comply with the conditions imposed on his readmission
I!. 5UDICIAL ETHICS

5%/icial Ethics branch of moral science which treats of the right and proper conduct to be observed by all !udges and magistrates in trying and deciding controversies brought to them for ad!udication which conduct must be demonstrative of impartiality, integrity, competence, independence, and freedom from improprieties. C'%.t a board or other tribunal which decides a litigation or contest 5%/ge a public officer who, by virtue of his office, is clothed with !udicial authority De 5%.e 5%/ge one who is e'ercising the office of a !udge as a matter of right? an officer of a court who has been duly and legally appointed De Fact' 5%/ge an officer who is not fully invested with all the powers and duties conceded to !udges, but e'ercising the office of a !udge under some color of right
3UALIFICATIONS
S%).e(e C'%.t a*/ C'%.t '+ A))eals 5%stices 1. =atural-born citi$en of the )hilippines? 2. At least #F years of age? ". ;ust have been for 14 years or more a !udge of a lower court or engaged in the practice of law? #. ;ust be a person of proven competence, integrity, probity and independence.

32
RTC 5%/ges 1. =atural-born citi$en of the )hilippines? 2. At least "4 years of age? ". >or at least 1F years has been engaged in the practice of law in the )hilippines or has held a public office in the )hilippines re%uiring admission to the practice of law as an indispensable re%uisite. MTC 5%/ges 1. =atural-born citi$en of the )hilippines? 2. At least "F years of age? ". >or at least 4 years has been engaged in the practice of law in the )hilippines or has held public office in the )hilippines re%uiring admission to the practice of law as an indispensable re%uisite. 5UDICIAL DEPORTMENT Attit%/e T',a./s C'%*sel .e must be courteous especially to the young and ine'perienced. .e should not interrupt in their arguments e'cept to clarify his mind as to their positions. .e must not be tempted to an unnecessary display of learning or premature !udgment. .e may critici$e and correct unprofessional conduct of a lawyer but not in insulting manner. Attit%/e T',a./ Litiga*ts a*/ Wit*ess .e must be considerate, courteous and civil, and he must not utter intemperate language during hearing of case. P.')e. 5%/icial C'*/%ct /onduct self as to be beyond reproach and suspicion and be free from appearance of impropriety in their personal behavior not only in discharge of official duties but also in their everyday life. C'l/ Ne%t.alit& '+ I()a.tial 5%/ge
A !udge should not only render !ust, correct and impartial decision but do so in manner free from suspicion as to its fairness and impartiality and as to his integrity. It is indispensable re%uisite of due process.
NEW CODE OF 5UDICIAL CONDUCT FOR THE PHILIPPINE 5UDICIARY

@A.M. .o. 0&+0#+01+SC) (Bune 1, 2004) supersedes the /anons of Cudicial 0thics and the /ode of Cudicial /onduct to the e'tent that the provisions or concepts therein are embodied in this /ode, p ovided, that in case of deficiency or absence of specific provisions in this /ode, the /anons of Cudicial 0thics and the /ode of Cudicial /onduct shall be applicable in a suppletory character. /A=7=Independence Integrity Impartiality )ropriety 0%uality /ompetence and 3iligence PURPOSE to update and correlate the /ode of Cudicial /onduct and the /anons of Cudicial 0thics adopted for the )hilippines but also to stress the )hilippines+ solidarity with the universal clamor for a universal code of !udicial ethics.
i. ii. iii. iv. v. vi.
CAN(N 1: INDEPENDENCE In performing !udicial duties, !udges should2 1. function independently on the basis of their assessment of the facts and in accord with a conscientious understanding of the law, free from any e'traneous influence, inducement, pressure, threat or interference.


32 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES 2. be independent from !udicial colleagues in respect of decisions. ". not allow family, social, or other relationships to influence !udicial conduct or !udgment. @NOTE *he prestige of !udicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the !udge.A #. be free from inappropriate connections with, and influence by, the e'ecutive and legislative branches of government. 4. be independent in relation to society in general and in relation to the particular parties to a dispute which sheHhe has to ad!udicate. 6. encourage and uphold safeguards for the discharge of !udicial duties. @REASON *o maintain and enhance the institutional and operational independence of the !udiciary.A 8. e'hibit and promote high standards of !udicial conduct. @REASON *o reinforce public confidence in the !udiciary.A Cudges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency. Cudges shall perform their !udicial duties without favor, bias or pre!udice.
DIS3UALIFICATIONS OF 5UDGES
G.'%*/s +'. DisD%ali+icati'* a*/ I*hi$iti'* '+ 5%/ges U*/e. the Ne, C'/e '+ 5%/icial C'*/%ct Cudges shall dis%ualify themselves from participating in any proceedings in which they are unable to decide the matter impartially OR in which it may appear to a reasonable observer that they are unable to decide the matter impartially. (uch proceedings include, but are NOT limited to, instances where2 1. the !udge has actual bias or pre!udice concerning a party or personal &nowledge of disputed evidentiary facts concerning the proceedings? 2. the !udge previously served as a lawyer or was a material witness in the matter in controversy? ". the !udge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy? #. the !udge served as e'ecutor, administrator, guardian, trustee, or lawyer in the case or matter in controversy, or a former associate of the !udge served as counsel during their association, or the !udge or lawyer was a material witness therein? 4. the !udge+s ruling in a lower court is the sub!ect of review? 6. the !udge is related by consanguinity or affinity to a party litigant within the si'th civil degree or to counsel within the fourth civil degree? or 8. the !udge &nows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the sub!ect 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. (Se". #)
CAN(N 2: INTEGRITY C'*/%ct '+ K%/ges (%st 1. be above reproach, and be so in the view of a reasonable observer. 2. reaffirm the people+s faith in the integrity of the !udiciary. Cudges should ta&e or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the !udge may have become aware. CAN(N : IMPARTIALITY

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Re(ittal '+ DisD%ali+icati'* A !udge dis%ualified as stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of dis%ualification. If based on such disclosure, the parties and lawyers independently of the !udge+s participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the !udge may then participate in the proceeding. *he agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings. (Se". ') G.'%*/s +'. DisD%ali+icati'* a*/ I*hi$iti'* '+ 5%/ges U*/e. the R%les '+ C'%.t 1. #an/ator= or Co-pulsor= 5is<uali&ication [Rule 1&*, REC] a. when he, or his wife, or child is pecuniarily interested as heir, legatee, creditor or otherwise b. when he is related to either party within the si'th @6thA degree of consanguinity or affinity or to counsel within the fourth @#thA civil degree c. when he has been an e'ecutor, guardian, administrator, trustee or counsel d. when he has presided in an inferior court where his ruling or decision is sub!ect to review 2. 9oluntar= 0n7i4ition A !udge may, in the e'ercise of his sound discretion dis%ualify himself, for !ust and valid reasons other than those mentioned above. [Se"tion 1, Rule 1&*] *his leaves the discretion to the !udge to decide for himself %uestions as to whether he will desist from sitting in case for other !ust 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 re%uired of him, in which event the appellate court will see to it that he dis%ualifies himself.
A decision to dis%ualify himself is not conclusive and his competency may be determined on application for mandamus to compel him to act. Cudge+s decision to continue hearing a case in which he is not legally prohibited from trying notwithstanding challenge to his ob!ectivity may not constitute reversible error. *he filing of an administrative case against a !udge does not dis%ualify him from hearing a case. *he court has to be shown other than the filing of administrative complaint, act or conduct of !udge indicative of arbitrariness or pre!udice before the latter being branded as the stigma of being biased or partial.
ODIS3UALIFICATION 1s. INHIBITION

50SDUAL0?0CA80(N 0NH0>080(N
1. *he 5ules enumerates the specific and e'clusive grounds under which any !udge or !udicial officer is dis%ualified from acting as such.
1. *he 5ules does not e'pressly enumerate the specific grounds for inhibition but merely gives a broad basis thereof, i.e. good, sound or ethical grounds
2. 5ule gives the !udicial officer no discretion to try or sit in a case
2. 5ules leaves the matter of inhibition to the sound discretion of the !udge
CASE *he second paragraph of (ection 1, 5ule 1"8 does not give the !udge the unfettered discretion to decide whether or not he will desist from hearing a case. the inhibition must be for !ust and valid causes. *he mere imputation of bias or partiality is not enough grounds for a !udge to inhibit, especially when the same is without any basis. (People vs. =4o, &#* SCRA 2-0, Ap il 20, 2001)


35 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES CAN(N ': PROPRIETY Cudges shall, in their personal relations with individual members of the legal profession who practice regularly in their court, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality. @Se". &) Cudges shall not allow the use of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal profession. @Se". #) PROHIBITION TO DISCLOSE INFORMATION /onfidential information ac%uired by !udges in their !udicial capacity shall not be used or disclosed by for any other purpose related to their !udicial duties. @Se". -) *he prohibition will discourage if not stop !udges from ma&ing business speculations in some business ventures, the secrets of which he learned by reason of his position as a !udge. *he !udge may be liable for violation of Se"tion &(;) o: RA &01- divulging valuable information of a confidential character, ac%uired by his office or by him on account of his official position to unauthori$ed persons or releasing such information in advance of its authori$ed release due. Eiolation of the rule may also lead to revelation of secrets by an officer or to revelation of the secrets of a private individual punishable by A ti"les 22- and 2&0 o: t4e Revised Penal Code respectively. CASES *he reason for the prohibition has been e'plained in ,ia+Anonuevo vs. 1e "a"io [') SCRA )1]. *he (upreme /ourt held that the rule dis%ualifying a municipal !udge from engaging in the practice of law see&s to avoid the evil of possible use of the power and influence of his office to affect the outcome of a litigation where he is retained as counsel. /ompelling reasons of public policy lie behind this prohibition, and !udges are e'pected to conduct themselves in such a manner as to preclude any suspicion that they are representing the interests of party litigant. In ,e Cast o vs. Capulon3 [11) SCRA #2] a !udge who merely acted as a witness to a document and who e'plained to the party waiving his right of redemption over the mortgaged properties and the conse%uences thereof does not engage himself in the practice of law. PROHIBITION AGAINST ACCEPTING GIFTS- BE3UEST OR LOANS General Rule$ @1A Cudges and members of their families, as well as @2A court staff or others sub!ect to their influence, direction or authority, shall neither as& for, nor accept, any gift, be%uest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of !udicial duties. @Se". 1& and 14) Exception: (ub!ect to law and to any legal re%uirements of public disclosure, !udges may receive a to&en, gift, award or benefit as appropriate to the occasion on which it is made provided that such gift, award or benefit might not reasonably be perceived as intended to influence the !udge in the performance of !udicial duties or otherwise give rise to an appearance of partiality.@Se". 1#) B.i$e.&E Di.ect '. I*/i.ect Acceptance of gifts given by reason of the office of the !udge is indirect bribery [A t. 211 Revised Penal Code] and when he agrees to perform an act constituting a crime in connection with the performance of his official duties in consideration of any offer,
PROHIBITION TO PRACTICE LAW Cudges shall not practice law whilst the holder of !udicial office. @ Se". 11) Se"tion &# o: Rule 1&) o: Rules o: Cou t prohibits !udges, officials or employees of superior courts ''' from engaging in private practice as members of the bar and in giving professional advice to clients.

34
promise, gift or present receive by such officer, he is guilty of direct bribery. [A t. 210 Revised Penal Code] A*ti4G.a+t a*/ C'..%)t P.actices Act Bnder 5A "F19, the !udge is liable criminally for directly or indirectly receiving gifts, present or other pecuniary or material benefit for himself or for another under conditions provided in (ection 2, b and c of the law.. Exception 0'cepted are unsolicited gifts or presents of small value offered or given as a mere ordinary to&en of gratitude or friendship according to local custom or usage [Se"tion 14, RA &01-]. !'i/ D'*ati'*s U*/e. the Ci1il C'/e 3onations given to a !udge or to his wife, descendants or ascendants by reason of his office are void [A t. *&-, Civil Code]. 7wnership does not pass to the donee. ;oney or property donated is recoverable by the donor, his heirs or creditors. L'a*s P.'hi$ite/ U*/e. the C'*stit%ti'* Bnder (ection 16 Article JI =o loan, guarantee or other form of financial accommodation for any business purpose may be granted directly or indirectly by any government-owned or controlled ban& or financial institution to ''' members of the (upreme /ourt ''' during their tenure. TaGi*g '. Recei1i*g L'a*s F.'( Litiga*ts It is a serious misconduct for a !udge to receive money from a litigant in the form of loans which he never intended to pay bac&. 0ven if the !udge intends to pay, it is an act of impropriety to ta&e a loan from a party-litigant. *he !udge could not be wholly free from bias in deciding a case where his lender is a party. A !udge should always strive to be free from suspicion and all forms of improprieties. CAN(N ): E3UALITY Cudges shall not, in the performance of !udicial duties, by words or conduct, manifest bias or pre!udice
CHAIRPERSONS
towards any person or irrelevant grounds. @Se". 2)
group
on
CAN(N *: COMPETENCE AND DILIGENCE Cudges shall ta&e reasonable steps to maintain and enhance their &nowledge, s&ills and personal %ualities necessary for the proper performance of !udicial duties, ta&ing advantage for this purpose of the training and other facilities which should be made available, under !udicial control, to !udges. @Se". &) CASE Cudges must be conscientious, studious and thorough,K1"N observing utmost diligence in the performance of their !udicial functions.K1#N *hey have to e'hibit more than !ust cursory ac%uaintance with statutes and procedural rules. ;oreover, they must re%uire court personnel to observe at all times high standards of public service and fidelity. @Atty. /a2ella vs. Bud3e (ee, A.M. .o. M9B+04+1#1). Banua y 1#, 2004) Cudges shall maintain order and decorum in all proceedings before the court and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the !udge deals in an official capacity. Cudges shall re%uire similar conduct of legal representatives, court staff and others sub!ect to their influence, direction or control. @Se". ')
CODE OF 5UDICIAL CONDUCT

(E"to2e 20 1-)-) Ca*'*4 12 Bphold the integrity and independence of the !udiciary 22 Avoid impropriety and the appearance of impropriety "2 )erform official duties honestly, and with impartiality and diligence #2 -ith due regard to official duties, engage in activities to improve the law, the legal system and the administration of !ustice


35 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES 42 5egulate e'tra!udicial activities to minimi$e the ris& of conflict with !udicial duties CAN(N 1: PROMPT DISPOSITION OF CASES A !udge should administer !ustice impartially and without delay. [Rule 1.02] A !udge shall dispose of the court+s business promptly and decide cases within the re%uired periods. [Rule &.0#] CASES In the ReFuest o: Bud3e ! %a Gita Masa%ayo [A.M. .E. --+1+1', R9C, Bune 21 1---] it was held that cogni$ant of the caseload of !udges and mindful of the pressure of their wor&, the (upreme /ourt almost always grants re%uests for e'tension of time to decide cases. A heavy caseload may e'cuse a !udge+s failure to decide cases within the reglementary period, but not his or her failure to re%uest for an e'tension of time before the e'piration of the period to be e'tended. In 1e na do vs. Bud3e A%elia /a2 os [A.M. .E. M9B+--+11)-, May 12, 1---], the (upreme /ourt has always considered the failure of a !udge to decide a case within the reglementary period as D57(( I=0>>I/I0=/< and imposed either fine or suspension from service without pay for such. *he fines imposed vary in each case, depending chiefly on the number of cases not decided within the reglementary period and other factors to wit2 the presence of aggravating circumstances the damage suffered by the parties as a result of the delay, the health and age of the !udge, etc. CAN(N 2: A!OIDANCE OF IMPROPRIETY A !udge should avoid impropriety and the appearance of impropriety in all activities. CASES In Manuel vs. Bud3e ,e%et io Cali%ay, B . [A.M. .E. R9B+--+1441, May 2), 1---] it was held that the fact that the charges proffered in the instant case do not directly refer to respondent !udge+s official functions does not mean he is totally free from blame. /anon 2 of the /ode of Cudicial /onduct provides that a !udge should not only avoid
impropriety but also the appearance of impropriety in all his activities. .e should behave at all times as to promote public confidence in the integrity and impartiality of the !udiciary. .e should be e'tra careful in all his dealings both in his professional and individual capacities in order to promote and protect the image of the !udiciary to which he is privileged to belong. 5espondent, in removing the bamboo poles and fishing nets installed by complainant, acted in his private capacity. =evertheless, without in any way pre!udging respondent+s liability, respondent should be admonished to be careful even in his private conduct because he is a model of the law-abiding citi$en and, for this reason, his private life cannot be completely separated from his public persona. (1e na do vs. Bud3e 9ia%son, A.M. .o. R9B+00+1#'#. Au3ust ', 2001) In P ose"uto (eo 9a2ao vs. Bud3e Ped o 7spina [A.M. .E. R9B+-'+ 1&4*, Bune 2-, 1---] it was held that apropos the issue on the hasty rendition of !udgment in a criminal case, the (upreme /ourt has reminded members of the bench time and again that as e'emplars of !ustice and law, !udges must avoid not only impropriety but even the appearance of impropriety in all their actions. =either should they ta&e undue interest in the settlement of criminal cases as the same may compromise the integrity and impartiality of their office. A !udge should so behave at all times as to promote public confidence in the integrity of the !udiciary. [Rule 2.01]
CAN(N : PERFORMANCE OF DUTIES WITH HONESTY- IMPARTIALITY AND DILIGENCE A !udge should perform official duties honestly and with impartiality and diligence. A !udge shall be faithful to the law and maintain professional competence. [Rule &.01]
36
CASE In the case 78eFuiel ,o%in3o vs. Bud3e (uis Reyes [A.M. .E. M9B+-)+ 11'#, Bune 21, 1---] the (upreme /ourt held that !udges are e'pected to &eep abreast of developments in law and !urisprudence. *he (/ does not countenance respondent !udge+s failure to inform himself of recent !urisprudential rules. .is error, while an honest one and committed for the purpose of achieving the ends of !ustice, must never happen again. 5espondent !udge was reprimanded for ID=75A=/0 7> *.0 :A-. -here a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice concurrently. [Rule &.0&] A !udge cannot ta&e refuge behind the inefficiency or mismanagement by court personnel. )roper and efficient court management is as much as his responsibility. It is also his duty to organi$e and supervise the court personnel to ensure the prompt and efficient dispatch of business. CAN(N ': ENGAGING IN ACTI!ITIES TO IMPRO!E THE LAW A !udge may, with due regard to official duties, engage in activities to improve the law, the legal system and the administration of !ustice. A !udge may, to the e'tent that the following activities do not impair the performance of !udicial duties or cast doubt on the !udge+s impartiality2 a. spea&, write, lecture, teach or participate in activities concerning the law, the legal system and the administration of !ustice? b. appear at public hearing before a legislative or e'ecutive body on matters concerning the law, the legal system or the administration of !ustice and otherwise consult with them on matter concerning the administration of !ustice? c. serve on any organi$ation devoted to the improvement of the law, the legal system or the
administration of !ustice. [Rule 4.01] CAN(N ): REGULATION OF THE EFTRA5UDICIAL ACTI!ITIES OF A 5UDGE A !udge should regulate e'tra!udicial activities so as to minimi$e the ris& of conflict with !udicial duties. A!OCATIONAL7CI!IC7CHARITABLE ACTI!ITIES A !udge may engage in the following activities provided that they do not interfere with the performance of !udicial duties or detract from the dignity of the court2 write, lecture, teach and spea& on non-legal sub!ect a. engage in the arts, sports and other special recreational activities b. participate in civic and charitable activities c. serve as an officer, director, trustee, or non-legal advisor of a non-profit or non-political, educational, religious, charitable, and fraternal or civic organi$ation. [Rule #.01] FINANCIAL ACTI!ITIES A !udge shall refrain from financial and business dealings2 1. that tend to reflect adversely on the court+s impartiality 2. that interfere with the proper performance of !udicial activities 3. that increase involvement with lawyers or persons li&ely to come before the court [Rule #.02] A !udge should so manage investments and other financial interests as to minimi$e the number of cases giving grounds for dis%ualification. (ub!ect to the provisions of the preceding rule, a !udge may hold and manage investments but should not serve as an officer, director, manager, advisor, or employee of any business e8"ept as director of a family business of the !udge. [Rule #.0&] FIDUCIARY ACTI!ITIES PROHIBITION TO SER!E AS EFECUTORADMINISTRATOR- ETC.


General Rule: *he !udge shall not serve as @aA e'ecutor, @bA administrator, @cA trustee, @dA guardian, @eA fiduciary. Exception when the estate, trust, ward or person for whom he will act as e'ecutor, administrator, trustee, guardian or fiduciary is a member of the immediate family- which is limited to the spouse and relatives within the second degree of consanguinity provided that the !udge+s services as fiduciary shall not interfere with the performance of his !udicial functions [Rule #.0']. In such e'ceptional cases, the !udge SHALL NOT2 a. serve in proceeding that might come before the court of said !udge b. act as such contrary to 5ules 4.F2 to 4.F4. (Note$ the relationship mentioned is by consanguinity and not by affinity.A
PROHIBITION TO BE APPOINTED IN 3UASI45UDICIAL AND ADMINISTRATI!E AGENCIES A !udge shall not accept appointment or designation to any agency performing %uasi-!udicial or administrative functions. [Rule #.0-] *he prohibition is based on Se"tion 12, A t. V!!! o: t4e Constitution which provides2 *he members of the (upreme /ourt and of other courts established by law shall not be designated to any agency performing %uasi-!udicial or administrative functions. *he appointment to such positions will li&ely interfere with the performance of the !udicial functions of a !udge hence, the prohibition. PROHIBITION TO ENGAGE IN POLITICAL ACTI!ITIES A !udge is entitled to entertain personal views on political %uestions. ,ut to avoid suspicion of political partisanship, a !udge shall not ma&e political speeches, contribute to party funds, publicly endorse candidates for political office or participate in other partisan political activities. [Rule #.10]
LIABILITY OF 5UDGES
In the absence of fraud, dishonesty or corruption, acts of !udge in his !udicial capacity not sub!ect to disciplinary action even though such acts are erroneous. .e can+t be sub!ect to liability criminal, civil, administrative for any of his official acts, no matter how erroneous, so long as he acts in good faith. In such a case, the remedy of aggrieved party is not to file administrative complaint against the !udge but to elevate error to higher court for review and correction Whe* a 5%/ge Ma& Be Hel/ Lia$le Ci1il- C.i(i*al a*/ A/(i*ist.ati1e 1. ;alfeasance 2. ;isfeasance 3. Inowingly rendering un!ust !udgment or interlocutory order 4. ;alicious delay in administration of !ustice 5. Diving private party unwarranted benefit in e'ercise of !udicial function thru manifest partiality, evident bad faith and gross ine'cusable negligence. CI!IL LIABILITIES OF 5UDGES IN RELATION TO THEIR OFFICIAL FUNCTIONS 1. Any public officer or employee or any private individual, who directly or indirectly obstructs, defeats and violates or in any manner impedes or impairs the civil rights and liberties of persons shall be liable for damages. [A t. &2, Civil Code] *he responsibility for damages is not however demandable of !udges e'cept when the act or omission of the !udge constitutes a violation of the )enal /ode or other penal statute. [A t. &2, last pa .] 2. A !udge who willfully or negligently renders a decision causing damages to another, shall indemnify the latter for the same. A !udge is also civilly liable for damages, if in refusing or neglecting to decide a case without !ust cause, a person suffered material or moral loss

50
without pre!udice to any administrative action that may be ta&en against him. [A t. 2*, Civil Code] DISABILITIES OF 5UDGES UNDER THE CI!IL CODE 1. Art. 1',1. *he following persons cannot ac%uire by purchase, even at a public or !udicial action, either in person or through the mediation of another2 ''' @4A Custices, !udges, prosecuting attorneys, cler&s of superior and inferior courts and other officers and employees connected with the administration of !ustice, the property and rights in litigation or levied upon an e'ecution before the court within whose !urisdiction or territory they e'ercise their respective functions, this prohibition includes the act of ac%uiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the ob!ect of any litigation in which they may ta&e part by virtue of their profession. J'' 9. A.t. J@P. 3onations made to a !udge, his wife, descendants and ascendants by reason of his office are void. CRIMINAL LIABILITIES OF 5UDGES IN RELATION TO THEIR OFFICIAL FUNCTIONS 1. Mis+easa*ce a. A*',i*gl& Re*/e.i*g U*K%st 5%/g(e*t - Any !udge who shall &nowingly render an un!ust !udgment in any case submitted to him for decision shall be punished by prision mayor and perpetual absolute dis%ualification. [A t. 204 Revised Penal Code] b. Ma*i+estl& U*K%st 5%/g(e*t4 it is one which is so patently against the law, public order, public policy and good morals that a person of ordinary discernment can easily sense its invalidity and in!ustice. In order that a !udge may be held liable for &nowingly rendering an un!ust !udgment, it must be shown beyond doubt that the !udgment is un!ust as it is
CHAIRPERSONS
contrary to law or is not supported by evidence and the same was made with conscious and deliberate intent to do an in!ustice. [!n Re$ Cli%a"o, ## SCRA 10*] If the decision rendered by the !udge is still on appeal, the !udge cannot be dis%ualified on the ground of &nowingly rendering an un!ust !udgment. [A2ad vs. 1la>a, 14# SCRA 1] 2. 5%/g(e*t Re*/e.e/ Th.'%gh Neglige*ce Any !udge who, by reason of ine'cusable negligence or ignorance shall render a manifestly un!ust !udgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special dis%ualification. [A t. 20# Revised Penal Code] =egligence and ignorance are ine'cusable if they imply a manifest in!ustice which cannot be e'plained by reasonable interpretation. [!n Re Cli%a"o, ## SCRA 10*] 4. A*',i*gl& Re*/e.i*g a* U*K%st I*te.l'c%t'.& O./e. Any !udge who shall &nowingly render an un!ust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension? but if he shall have acted by reason of ine'cusable negligence or ignorance and the interlocutory order or decree be manifestly un!ust, the penalty shall be suspension. [A t. 20', Revised Penal Code] 5. Malici'%sl& Dela&i*g the A/(i*ist.ati'* '+ 5%stice *he penalty of prision correccional in its minimum period shall be imposed upon any !udge guilty of malicious delay in the administration of !ustice. *o ma&e the !udge liable, the act must be committed maliciously with deliberate intent to pre!udice a party in a case. 6. Mal+easa*ce U*/e. the A*ti4G.a+t a*/ C'..%)t P.actices Act A !udge is criminally liable for causing an undue in!ury to a person or


51 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES giving any private party an unwarranted benefit, advantage or preference in the discharge of his official function through manifest partiality, evident bad faith and gross ine'cusable negligence. [Se"tion &(e), R.A. &01-] promote the orderly administration of !ustice. @ E"ena vs. Bud3e Ma2utin, A.M. .o. M9B+0#+1#)2, /e2 ua y 2), 200# ) GROUNDS FOR DISCIPLINE OF 5UDGES ASection 1, Rule 1'0, Re1ise/ Rules o& CourtB 1. (erious ;isconduct 2. Inefficiency Misc'*/%ct - implies malice or a wrongful intent, not a mere error of !udgment. >or se.i'%s (isc'*/%ct to e'ist there must be reliable evidence showing that the !udicial acts complained of were corrupt or inspired by an intention to violate the law or were in persistent disregard of well&nown legal rules. I*e++icie*c& - implies negligence, incompetence, ignorance and carelessness. A !udge would be ine'cusably negligent if he failed to observe in the performance of his duties that diligence, prudence and circumspection which the law re%uires in the rendition of any public service. CASES In the case of !n Re$ (eaves E: A2sen"e Iit4out App oval E: Bud3e 7 i" Calde on [A.M. -)+)+10# M9C, Banua y 2', 1---] + Cudge /alderon was found guilty of 3 oss %is"ondu"t, abandonment of office and was dismissed due to his fre%uent leave of absence totaling to " years which were not approved and his e'planations were ine'cusable. .e has caused great disservice to many litigants and has denied them speedy !ustice. In the case of !n Re$ Bud3e ,anilo 9ene i:e [2## SCRA 1)4] + *he failure of a !udge to decide even a single case within the 9F-day period was considered 3 oss ine::i"ien"y warranting the imposition of fine e%uivalent to his one month salary. E++ect '+ .esig*ati'* '. .eti.e(e*t '+ a K%/ge ,he* the.e is a )e*/i*g a/(i*ist.ati1e case agai*st hi( *he retirementHresignation of a !udge may or may not render the administrative complaint moot and
DISCIPLINE OF MEMBERS OF THE BENCH

POWER TO DISCIPLINE ERRING MEMBERS OF THE BENCH *he S%).e(e C'%.t has administrative supervision over all courts and the personnel thereof [Se"tion V!, A t. V!!!, Constitution]. *he C'%.t e* $a*c has the power to discipline all !udges of lower courts including !ustices of the /ourt of Appeals. It may even dismiss them by a ma!ority vote of the members who actually too& part in the deliberation of the issues in the case and voted thereon [Se"tion H!, A t. V!!!, Constitution]. *he i*+e.i'. c'%.ts "MTCs# are not empowered even !ust to suspend an attorney, although they may cite or hold a lawyer in contempt of court for contemptuous acts. Custices and !udges, who are also lawyers, if found guilty of certain crimes and H or of the causes for disbarment under the 5ules of /ourt may also be disbarred. Custices of the (upreme /ourt however may not be disbarred unless and until they shall have been first impeached in accordance with the /onstitution. *he same is true with the other impeachable officers who are members of the bar. CASE -hile it is our duty to investigate and determine the truth behind every matter in complaints against !udges and other court personnel, it is also our duty to see to it that they are protected and e'onerated from baseless administrative charges. *he /ourt will not shir& from its responsibility of imposing discipline upon its magistrates, but neither will it hesitate to shield them from unfounded suits that serve to disrupt rather than

52
academic. 0ach case will be determined according to its surrounding circumstances. (Pa3ayao vs. !%2in3, A.M. .o. )-+40&. Au3ust 1#, 2001C (ilia vs. Bud3e /a%unal, A.M. .o. R9B+--+ 1#0&. ,e"e%2e 1&, 2001) According to Pesole vs. Rod i3ue> [)1 SCRA 20)] the acceptance by the )resident of the resignation does not necessarily render the case moot or deprive the (/ of the authority to investigate the charges. *he court retains its !urisdiction either to pronounce the respondent official innocent of the charges or declare him guilty thereof. A contrary rule will be fraught with in!ustice and pregnant with dreadful and dangerous implications. PROCEDURE FOR DISCIPLINE OF 5UDGES "RULE >Q?# 1. /omplaint, in writing and duly sworn to is filed with the (upreme /ourt. [Se". 1] 2. If found meritorious, a copy thereof shall be served on the respondent and he shall be re%uired to comment within 1F days of service. [Se". '] 3. Bpon filing of respondent+s comment or e'piration of the period upon filing comment, the (/ either refers the matter to the 7ffice of the /ourt Administrator @7/AA for evaluation, report, and recommendation, or assigns a Custice of the /ourt of Appeals @if respondent is an 5*/ !udgeA or a !udge of the 5*/ @if respondent is a !udge of an inferior courtA to investigate and hear the charges. KSe". *] 4. After hearings, the investigating !ustice or !udge submits a report of finding of fact, conclusions of law and recommendations to the (upreme /ourt. [Se". )] 5. *he (upreme /ourt ta&es action as the facts and the law may warrant. [Se". -] )roceedings shall be private and confidential but a copy of the decision or resolution of the /ourt shall be attached
to the record of the !udge in the 7ffice of the /ourt Administrator. [Se". 11] 3UANTUM OF E!IDENCE RE3UIRED *he ground for the removal of a !udicial officer should be established beyond reasonable doubt. (uch is the rule where the charges on which the removal is sought is misconduct in office, willful neglect, corruption, or incompetence. *he general rules in regard to admissibility of evidence in criminal trials apply. >or liability to attach, the assailed order, decision or actuation of the !udge in the performance of official duties must not only found to be erroneous but, most importantly, it must be established that he was moved by bad faith, dishonesty, hatred or some other li&e motive. (imilarly, a !udge will be held administratively liable for rendering an un!ust !udgment O one which is contrary to law or !urisprudence or is not supported by evidence O when he acts in bad faith, malice, revenge or some other similar motive. In other words, in order to hold a !udge liable for &nowingly rendering an un!ust !udgment, it must be shown beyond reasonable doubt that the !udgment was made with a conscious and deliberate intent to do an in!ustice. @Bud3e ,e 6u>%an vs. ,y, A.M. .o. R9B+ 0&+1*##, Buly &, 200&) IMPEACHMENT PROCEEDINGS AGAINST 5UDGES )enal in nature governed by rules on criminal case and therefore re%uires proof beyond reasonable doubt. 7nly (/ !ustices are sub!ect to impeachment. MISCONDUCT 5eliable evidence showing that !udicial actions are corrupt or inspired by intent to violate the law or in persistent disregard of legal rules. Custices and Cudges may not be investigated under the grievance procedure in 5ule 1"9-,, sec. 1 of the 5evised 5ules of /ourt. /omplaints against !ustices and !udges are filed with the (upreme /ourt which has


52 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES administrative supervision over all courts. As a matter of practice, the (upreme /ourt has assigned complaints against ;unicipal or ;etropolitan *rial Cudges to an 0'ecutive Cudge of a 5egional *rial /ourt and complaints against !udges of 5egional *rial /ourts to a !ustice of the /ourt of Appeals, while a complaint against a member of the /ourt of Appeals would probably be assigned to a member of the (upreme /ourt for investigation, report and recommendation. 5etired (/ Custices are now tas&ed for this purpose. REINSTATEMENT OF 5UDGE PRE!IOUSLY DISCIPLINED =o indication that he is inspired by corrupt motives or reprehensive purpose in the performance of his functions. Fact'.s t' $e c'*si/e.e/ 1. Bnsullied name M service of record prior to dismissal 2. /ommitment to avoid situation that spur suspicion of arbitrary conditions. ". /omplainant mellowed down in pushing from his removal 4. Length of time separated from service and maintenance of discipline among all the members of the I,), but no action involving the suspension or disbarment of a member or the removal of his name from the 5oll of Attorneys shall be effective without the final approval of the (upreme /ourt. [Rule 1&-+A,Se"tion 12, Rules o: Cou t] CASE /ompulsory membership to the I,) is not violative of a lawyer+s freedom of ass'ciati'*. Integration does not ma&e a lawyer a member of any group of which he is already a member. .e became a member of the bar when he passed the ,ar 0'aminations. All that integration actually does is to provide an official national organi$ation for the well defined but unorgani$ed and incohesive group of which every lawyer is already a member. K!n e$ 7dillon A.M. 1-2)] !'l%*ta.& te.(i*ati'* '+ IBP (e($e.shi)- H', E++ecte/ ,y filing a verified notice to that effect with the (ecretary of I,) who shall immediately bring the matter to the attention of the (/. >orthwith, he shall cease to be a member and his name shall be stric&en from the 5oll of Attorneys. E++ect '+ +ail%.e t' )a& a**%al (e($e.shi) /%es t' the IBP *he failure of any attorney to pay his annual membership dues for 6 months shall warrant suspension of his membership in the I,) and default of such payment for one year shall be a ground for the removal of his name from the 5oll of Attorneys. [Se". 10, Rule 1&-+A, Rules o: Cou t]. CASES A lawyer may not be disciplined either by the I,) or the /ourt for failing to pay her obligation to complainant, a matter in her nonprofessional or private capacity. [9oledo vs. A2alos, A. C. .o. #141, Septe%2e 2-, 1---] Wa*t'* /is.ega./ '+ the la,+%l './e.s '+ the IBP C'((issi'* '* Ba. Disci)li*e a g.'%*/ +'. s%s)e*si'* '+ a la,&e. +.'( the ).actice '+ la,. A lawyer was suspended from the practice of law for one month due to her wanton disregard
!. INTEGRATED BAR OF THE PHILIPPINES

I,) is the national organi$ation of lawyers created on Canuary 16, 198" under 5ule 1"9-A, 5ules of /ourt and constituted on ;ay #, 198" into a body corporate by ).3. =o. 111 As the official national unification of the entire lawyer population of the )hilippines this re%uires membership and financial support in reasonable amount of every attorney as conditions sine %ua non to the practice of law and the retention of his name in the 5oll of Attorneys. *he I,) ,oard of Dovernors is authori$ed to provide in the ,y-:aws for grievance procedure for the enforcement

53
of the lawful orders of the I,) /ommission on ,ar 3iscipline. [9oledo vs. A2alos, A. C. .o. #141, Septe%2e 2-, 1---]


I. Legal Ethics: San Beda College of Law

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I. Legal Ethics: San Beda College of Law

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San Beda College of Law

1 MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES

ESSENTIAL CRITERIA DETERMINATI!E OF ENGAGING IN THE PRACTICE OF LAW "HACA#

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

WHO MAY PRACTICE LAW2

RE3UIREMENTS BEFORE A CANDIDATE CAN ENGAGE IN THE PRACTICE OF LAW

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

APPEARANCE OF NON4LAWYER IN COURT

BASIC RE3UIREMENTS ADMISSION TO THE BAR

ACADEMIC RE3UIREMENTS FOR THE CANDIDATES

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

RULES ON PUBLIC OFFICIALS REGARDING PRACTICE OF LAW

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

PRI!ILEGES AND DUTIES OF A LAWYER

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

THE LAWYER;S OATH

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

II .THE CANONS OF PROFESSIONAL RESPONSIBILITY

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

LAWYER;S DUTIES TO SOCIETY

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

THE LAWYER AND THE LEGAL PROFESSION

LAWYER;S DUTIES TO COURTS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

2005 CENTRALIZED BAR OPERATIONS

LAWYER;S DUTIES TO CLIENT

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

B.each '+ D%ties t' Cliet 1. Negligece i* )e.+'.(a*ce '+ /%ties